2–23–04 Monday Vol. 69 No. 35 Feb. 23, 2004

Pages 8091–8322

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1 II Federal Register / Vol. 69, No. 35 / Monday, February 23, 2004

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2 III

Contents Federal Register Vol. 69, No. 35

Monday, February 23, 2004

Agency for Healthcare Research and Quality Defense Department NOTICES See Army Department Meetings: See Engineers Corps Health Care Policy and Research Special Emphasis Panel, See Navy Department 8200 RULES Acquisition regulations: Agency for Toxic Substances and Disease Registry Sweden; memorandum of understanding, 8115–8116 NOTICES Federal Acquisition Regulation (FAR): Meetings: Small Entity Compliance Guide, 8314–8315 Public Health Service Activities and Research at DOE Special emergency procurement authority, 8311–8315 Sites Citizens Advisory Committee, 8200–8201 PROPOSED RULES Acquisition regulations: Agriculture Department Competition requirements, 8149–8150 See Animal and Plant Health Inspection Service Contractor qualifications relating to contract placement, See Foreign Agricultural Service 8150–8151 See Forest Service Cost principles and procedures, 8154–8155 See National Agricultural Statistics Service Debarment, suspension, and business ethics; improper business practices and contractor qualifications, Animal and Plant Health Inspection Service 8146–8148 RULES Freedom of Information Act; implementation, 8152–8153 Plant-related quarantine, domestic: Government supply sources; contractor use, 8159–8160 Karnal bunt, 8091–8097 Insurance requirements, 8153–8154 Laws inapplicable to commercial subcontracts, 8151– Army Department 8152 See Engineers Corps Major systems acquisition, 8155–8157 NOTICES Obsolete research and development contracting Patent licenses; non-exclusive, exclusive, or partially procedures; removal, 8157–8158 exclusive: Procedures, guidance, and information, 8145–8146 Method for purification and aqueous fiber spinning of Publicizing contract actions, 8148–8149 spider silks and other structural proteins, 8183 Research and development contracting, 8158–8159 Privacy Act: Sealed bidding, 8152 Systems of records, 8183–8185 NOTICES Agency information collection activities; proposals, Chemical Safety and Hazard Investigation Board submissions, and approvals, 8182–8183 NOTICES Meetings; Sunshine Act, 8178 Delaware River Basin Commission Children and Families Administration NOTICES NOTICES Meetings and hearings, 8190–8191 Grants and cooperative agreements; availability, etc.: Mentoring Children of Prisoners Program, 8201–8209 Education Department Native American Social and Economic Development NOTICES Strategies Program, 8265–8288 Grants and cooperative agreements; availability, etc.: Native Language Preservation and Maintenance Program, Innovation and improvement— 8287–8310 State Charter School Facilities Incentive Program, 8317–8321 Commerce Department See National Oceanic and Atmospheric Administration Energy Department Commodity Futures Trading Commission See Western Area Power Administration NOTICES NOTICES Meetings: Agency information collection activities; proposals, Fusion Energy Sciences Advisory Committee, 8191 submissions, and approvals, 8180–8182

Copyright Office, Library of Congress Engineers Corps PROPOSED RULES NOTICES Copyright office and procedures: Environmental statements; availability, etc.: Legal processes, 8120–8126 Pike County, KY; Levisa Fork Basin, Section 202 Project, 8185 Corporation for National and Community Service Environmental statements; notice of intent: NOTICES Upper Mississippi River-Illinois Waterway System Meetings; Sunshine Act, 8182 Navigation Study, 8185–8186

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Environmental Protection Agency Fish and Wildlife Service PROPOSED RULES RULES Air quality planning purposes; designation of areas: Endangered and threatened species: California, 8126–8128 Mariana mallard and Guam broadbill; removal from list, 8116–8119 Federal Aviation Administration PROPOSED RULES RULES Endangered and threatened species: Airworthiness directives: Permits; survival enhancement initiatives; application General Electric Co., 8098–8100, 8103–8105 requirements and issuance criteria, 8161–8162 Rolls-Royce Corp., 8101–8103 NOTICES Endangered and threatened species: Federal Communications Commission Incidental take permits— RULES Bastrop County, TX; Houston toad, 8230 Radio stations; table of assignments: Meetings: South Carolina, 8115 Trinity Adaptive Management Working Group, 8230– PROPOSED RULES 8231 Common carrier services: Wireless telecommunications services— Food and Drug Administration Wireless radio services; rules streamlining and RULES harmonization; biennial regulatory review, 8132– Human drugs: 8145 Prescription drug marketing; effective date delay, 8105– 8107 Federal Deposit Insurance Corporation Foreign Agricultural Service NOTICES Agency information collection activities; proposals, NOTICES submissions, and approvals, 8197–8198 Trade adjustment assistance; applications, petitions, etc.: Meetings; Sunshine Act, 8198 Kentucky; freshwater prawn producers, 8173 National Alfalfa Alliance, 8173 Federal Election Commission North Carolina Fisheries Association, 8173 NOTICES Rappahannock County, VA; apple growers, 8173–8174 Meetings; Sunshine Act, 8198 Southeastern Fisheries Association, 8174 Tropical Fruit Growers of South Florida, Inc., 8174 Federal Emergency Management Agency Forest Service RULES NOTICES Flood elevation determinations: Environmental statements; notice of intent: Kansas and Louisiana, 8113–8114 Ochoco and Deschutes National Forests, OR, 8174–8176 Michigan and Missouri, 8112–8113 Olympic, Gifford Pinchot, and Mt. Hood National Forests, PROPOSED RULES and Columbia River Gorge National Scenic Area, OR Flood elevation determinations: and WA, 8176–8177 Kansas and Missouri, 8128–8130 Meetings: Nebraska and Ohio, 8130–8132 NOTICES Resource Advisory Committees— Agency information collection activities; proposals, Mendocino County, 8177 submissions, and approvals, 8213–8217 General Services Administration Disaster and emergency areas: RULES California, 8217–8218 Federal Acquisition Regulation (FAR): Ohio, 8218 Small Entity Compliance Guide, 8314–8315 Virgin Islands, 8218 Special emergency procurement authority, 8311–8315 Federal Motor Carrier Safety Administration Health and Human Services Department NOTICES See Agency for Healthcare Research and Quality Motor carrier safety standards: See Agency for Toxic Substances and Disease Registry Driver qualifications— See Children and Families Administration Bailey, Herman L., Jr., et al.; vision requirement See Food and Drug Administration exemption applications, 8260–8261 See National Institutes of Health See Substance Abuse and Mental Health Services Federal Railroad Administration Administration NOTICES Environmental statements; notice of intent: Homeland Security Department Richmond to Hampton Roads High Speed Rail Corridor, See Federal Emergency Management Agency VA, 8261–8262 See National Communications System Federal Reserve System Housing and Urban Development Department NOTICES NOTICES Banks and bank holding companies: Environmental statements; notice of intent: Change in bank control, 8198–8199 Marysville, CA; hotel demolition project, 8218–8219 Formations, acquisitions, and mergers, 8199 Grant and cooperative agreement awards: Permissible nonbanking activities, 8200 Housing Counseling Program, 8219–8230

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Interior Department National Archives and Records Administration See Fish and Wildlife Service NOTICES See Land Management Bureau Privacy Act: Systems of records, 8238–8240 International Trade Commission NOTICES National Communications System Import investigations: NOTICES Agricultural vehicles and components, 8231–8232 Meetings: Tissue paper products and crepe paper products from— National Security Telecommunications Advisory China, 8232–8233 Committee, 8218

Justice Department National Highway Traffic Safety Administration See Juvenile Justice and Delinquency Prevention Office PROPOSED RULES NOTICES Motor vehicle safety standards: Privacy Act: Occupant crash protection— Computer matching programs, 8233 Seating position procedures; rulemaking petition denied, 8160–8161 Juvenile Justice and Delinquency Prevention Office NOTICES National Institutes of Health Grants and cooperative agreements; availability, etc.: NOTICES Wyoming; Formula Grants; Nonparticipating State Meetings: Program, 8234–8237 National Cancer Institute, 8209–8210 National Heart, Lung, and Blood Institute, 8210 Labor Department National Institute of Child Health and Human See Mine Safety and Health Administration Development, 8212 Land Management Bureau National Institute of Mental Health, 8211–8212 NOTICES National Institute on Aging, 8210–8211 Survey plat filings: National Institute on Drug Abuse, 8211 New Mexico, 8231 Scientific Review Center, 8212

Legal Services Corporation National Oceanic and Atmospheric Administration RULES PROPOSED RULES Legal assistance eligibility; maximum income guidelines, International fisheries regulations: 8114–8115 Pacific halibut— Catch sharing plan and sport fishery management, Library of Congress 8162–8172 See Copyright Office, Library of Congress NOTICES Meetings: Maritime Administration North Pacific Fishery Management Council, 8178–8179 NOTICES Pacific Fishery Management Council, 8179–8180 Agency information collection activities; proposals, submissions, and approvals, 8262–8263 Navy Department RULES Mine Safety and Health Administration National Environmental Policy Act; implementation, 8108– RULES 8112 Coal mine safety and health: NOTICES Self-contained self-rescuers; technical amendment, 8107– Privacy Act: 8108 Systems of records, 8186–8190

National Aeronautics and Space Administration Securities and Exchange Commission RULES NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, Small Entity Compliance Guide, 8314–8315 submissions, and approvals, 8240–8241 Special emergency procurement authority, 8311–8315 Investment Company Act of 1940: NOTICES Hennion & Walsh, Inc., et al., 8241–8245 Meetings: Self-regulatory organizations; proposed rule changes: Advisory Council American Stock Exchange LLC, 8245–8249 Task forces, 8237 Chicago Board Options Exchange, Inc., 8249–8250 Patent licenses; non-exclusive, exclusive, or partially Fixed Income Clearing Corp., 8251–8252 exclusive: International Securities Exchange, Inc., 8252–8253 Face International Corp., 8237 National Association of Securities Dealers, Inc., 8253– Luna Innovations, Inc., 8238 8257 STC Catalysts, Inc., 8238 New York Stock Exchange, Inc., et al., 8257–8259

National Agricultural Statistics Service Small Business Administration NOTICES RULES Committees; establishment, renewal, termination, etc.: Small business investment companies: Agriculture Statistics Advisory Committee, 8177–8178 Long term financing, 8097–8098

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NOTICES Veterans Affairs Department Agency information collection activities; proposals, NOTICES submissions, and approvals, 8259–8260 Meetings: Disaster loan areas: Homeless Veterans Advisory Committee, 8264 Ohio, 8260 Statistical Reporting Service Western Area Power Administration See National Agricultural Statistics Service NOTICES Power marketing plans: Substance Abuse and Mental Health Services Sierra Nevada Region; post-2004 operations; operational Administration alternatives, 8191–8197 NOTICES Grant and cooperative agreement awards: District of Columbia State Incentive Program, 8212–8213 Separate Parts In This Issue Grants and cooperative agreements; availability, etc.: Discretionary grant programs— Standard grant announcements, 8213 Part II Health and Human Services Department, Children and Surface Transportation Board Families Administration, 8265–8310 NOTICES Railroad operation, acquisition, construction, etc.: Part III Peoria, Peoria Heights & Western Railroad, 8263 Defense Department; General Services Administration; Thrift Supervision Office National Aeronautics and Space Administration, 8311– 8315 NOTICES Applications, hearings, determinations, etc.: Dollar Savings Bank, 8263–8264 Part IV Education Department, 8317–8321 Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Department Reader Aids See Federal Aviation Administration Consult the Reader Aids section at the end of this issue for See Federal Motor Carrier Safety Administration phone numbers, online resources, finding aids, reminders, See Federal Railroad Administration and notice of recently enacted public laws. See Maritime Administration See National Highway Traffic Safety Administration To subscribe to the Federal Register Table of Contents See Surface Transportation Board LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Treasury Department archives, FEDREGTOC-L, Join or leave the list (or change See Thrift Supervision Office settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR Proposed Rules: 301...... 8091 17...... 8161 300...... 8162 13 CFR 107...... 8097 14 CFR 39 (3 documents) ...8098, 8101, 8103 21 CFR 203...... 8105 30 CFR 75...... 8107 32 CFR 775...... 8108 37 CFR Proposed Rules: 205...... 8120 40 CFR Proposed Rules: 81...... 8126 44 CFR 67 (2 documents) ....8112, 8113 Proposed Rules: 67 (2 documents) ....8128, 8130 45 CFR 1611...... 8114 47 CFR 73...... 8115 Proposed Rules: 1...... 8132 22...... 8132 24...... 8132 27...... 8132 90...... 8132 48 CFR Ch. I ...... 8315 2...... 8312 10...... 8312 12...... 8312 13...... 8312 15...... 8312 19...... 8312 25...... 8312 225...... 8115 Proposed Rules: 201...... 8145 202...... 8145 203...... 8146 205...... 8148 206...... 8149 209 (2 documents) ...... 8146, 8150 212...... 8151 214...... 8152 224...... 8152 226...... 8148 228...... 8153 231...... 8154 234...... 8155 235 (3 documents) ...... 8148, 8157, 8158 242...... 8155 251...... 8159 252 (6 documents) ...... 8146, 8148, 8150, 8155, 8158, 8159 49 CFR Proposed Rules: 571...... 8160 50 CFR 17...... 8116

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Rules and Regulations Federal Register Vol. 69, No. 35

Monday, February 23, 2004

This section of the FEDERAL REGISTER Background the planting of wheat, durum wheat, contains regulatory documents having general Karnal bunt is a fungal disease of and triticale seed originating in applicability and legal effect, most of which regulated areas; and modifying cleaning are keyed to and codified in the Code of wheat (Triticum aestivum), durum wheat (Triticum durum), and triticale and disinfection requirements for Federal Regulations, which is published under mechanized harvesting equipment, seed 50 titles pursuant to 44 U.S.C. 1510. (Triticum aestivum X Secale cereale), a hybrid of wheat and rye. Karnal bunt is conditioning equipment, and storage The Code of Federal Regulations is sold by caused by the smut fungus Tilletia facilities involved in the harvesting, the Superintendent of Documents. Prices of indica (Mitra) Mundkur and is spread planting, or storage of Karnal bunt- new books are listed in the first FEDERAL primarily through the movement of positive host crops or seed, as well as REGISTER issue of each week. infected seed. Some countries in the adding a requirement for the disposal of international wheat market regulate chemically treated, spore-positive seed. Karnal bunt as a fungal disease We solicited comments concerning DEPARTMENT OF AGRICULTURE requiring quarantine. Therefore, in the our proposal for 60 days ending absence of measures taken by the U.S. September 8, 2003. We received nine Animal and Plant Health Inspection comments by that date. The comments Service Department of Agriculture (USDA) to prevent its spread, the establishment of were from State governments and grain producers’ associations. All of the 7 CFR Part 301 Karnal bunt in the United States could have significant consequences with commenters supported the proposed [Docket No. 02–056–2] regard to the export of wheat to rule, but two suggested some international markets. modifications to certain provisions. Karnal Bunt; Revision of Domestic The domestic quarantine and other Specifically, the commenters urged us Regulations regulations regarding Karnal bunt are set to: Reconsider our decision to remove manure, soil, and milling products from AGENCY: Animal and Plant Health forth in ‘‘Subpart—Karnal Bunt’’ (7 CFR the list of regulated articles in the Inspection Service, USDA. 301.89–1 through 301.89–16, referred to below as the regulations). Among other existing regulations; clarify a provision ACTION: Final rule. things, the regulations describe articles pertaining to the regulation of grain SUMMARY: We are amending our Karnal and areas regulated for Karnal bunt; elevators, equipment, and structures; bunt regulations to incorporate updates criteria for classifying areas or fields as modify our criteria for the release of a and improvements identified as a result regulated areas; requirements for field from regulation; and develop of our review of their provisions. The planting wheat, durum wheat, and procedures for seed sampling and changes include clarifying our method triticale in regulated areas; restrictions analysis and for inspectors to use to for determining Karnal bunt infestation on movement of regulated articles from determine whether certain regulated and the circumstances under which a regulated areas; permitting, cleaning, articles require disinfection. The field or area is classified as a regulated disinfection, and treatment comments are discussed below by topic. area, as well as adding provisions and requirements; and requirements for The commenters stated that manure criteria for the release of fields or areas growers, handlers, seed companies, and should continue to be included on the from regulation; modifying the other entities seeking compensation list of regulated articles. It was restrictions that apply to the planting of from the USDA to mitigate losses or recommended that manure from cattle wheat, durum wheat, and triticale seed expenses incurred because of Karnal that have been fed unprocessed Karnal originating in regulated areas; and bunt. The regulations are designed to bunt-positive host crops or cattle that modifying cleaning and disinfection prevent the artificial spread of Karnal have been allowed to graze in known requirements for certain equipment and bunt. infected fields on host crops that have storage facilities involved in the Following a review of our regulations, developed past the heading stage should harvesting, planting, or storage of Karnal the Animal and Plant Health Inspection have to remain within the regulated area bunt-positive host crops or seeds, as Service (APHIS) published in the and that such animals should be well as providing for the disposal of Federal Register, on July 8, 2003 (68 FR subjected to a 5-day clean-out period chemically treated, spore-positive seed. 40534–40541, Docket No. 02–056–1), a before being moved outside a regulated These changes are intended to improve proposal to amend them to improve area. The commenters suggested that the clarity and effectiveness of the their clarity, transparency, and because bunted kernels are not likely to regulations, thus helping to prevent the effectiveness. More specifically, the be completely digested by cattle, the spread of Karnal bunt within the United proposed changes included the Karnal bunt pathogen can survive in States. following: Clarifying our method for their digestive tracts; therefore, some determining Karnal bunt infestation; risk exists that bunted kernels could be EFFECTIVE DATE: March 24, 2004. adding or removing several definitions; dispersed through manure. FOR FURTHER INFORMATION CONTACT: Mr. adding or removing certain articles from We will not be making any changes to Robert Spaide, Senior Program Manager, the list of regulated articles; clarifying the final rule in response to these Surveillance and Emergency Programs the circumstances under which a field comments. Our decision to remove Planning and Coordination, PPQ, or area would be classified as a manure from the list of regulated APHIS, 4700 River Road Unit 134, regulated area, as well as adding articles in § 301.89–2 resulted, in part, Riverdale, MD 20737–1236; (301) 734– provisions and criteria for the release of from a change in our regulatory goals. In 7819. fields or areas from regulation; 1996, manure was placed under SUPPLEMENTARY INFORMATION: modifying the restrictions that apply to regulation because the goal of the Karnal

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bunt regulatory program at that time regulated area for use as fill, road 2(b) should also include storage was eradication, and research had construction, and housing in areas. Soil facilities for seed that has tested positive demonstrated that the Karnal bunt spore moved and used in this way presents a for spores. or pathogen could potentially be spread minimal risk of spreading Karnal bunt. As noted in our definition of in manure. The 5-day clean-out period Smaller quantities of soil have also been infestation (infected) in proposed was put into practice—though never permitted to move to approved § 301.89–1, we regulate grain and seed specified in the regulations—to mitigate laboratories for analytical purposes. according to different criteria. Proposed this potential risk. Since 1998, we have Such movement and processing present § 301.89–2(b) was intended to apply changed the focus of the program from little risk of disseminating the Karnal only to articles used to store or handle eradication to the management of risk bunt pathogen. Finally, soil movement grain that has tested positive for bunted associated with the disease, and we has also been associated with the kernels; we addressed seed conditioning have adopted the bunted kernel as the movement of harvesting equipment. All equipment and storage/handling infestation standard. equipment used to harvest bunted- equipment separately in proposed In addition, in contrast to the kernel-positive wheat is required to be § 301.89–2(f). To eliminate any possible commenters, we view the risk of cleaned prior to leaving a regulated area. confusion on the part of users of the disseminating Karnal bunt through The cleaning process includes the regulations, we have decided to manure as very small. Cattle are grazed removal of any soil on the equipment rearrange § 301.89–2 in the final rule to on wheat and removed from the fields being cleaned, thus minimizing any pest place the provisions for grain and seed prior to the soft-dough stage of plant risk associated with the movement equipment adjacent to one another. growth. These cattle are not routinely outside of a regulated area of bunted Proposed § 301.89–2(f) will become fed bunted kernels. A review of our kernels in soil. In addition, harvesting § 301.89–2(c) in the final rule, with the regulatory records for the past 2 seasons equipment that is moving across State remainder of the section reordered indicate less than 0.5 percent of the lines usually requires cleaning for accordingly, and a reference to 186,500 head of cattle moved under noxious weed seed, which also entails structures will be added to better align limited permits from regulated areas the removal of any soil on the the paragraph with § 301.89–2(b). were required to undergo the 5-day equipment. Therefore, we will not be The commenters generally welcomed clean-out. These cattle were subjected to making any changes to the final rule in our efforts to develop uniform criteria the clean-out because they had grazed in response to these comments. for removing fields from regulation, but fields that were past the soft-dough The commenters also stated that took issue with some parts of our list of stage and that were within the regulated certain milling products or byproducts, acceptable field management practices area; however, there are no records to such as screenings, should continue to in proposed § 301.89–3. Proposed confirm the presence of the disease in be regulated, since they may present a § 301.89–3 stated that a known infected the fields where the cattle grazed. The risk of spreading Karnal bunt. Such field, as well as surrounding non- percentage of cattle that actually grazed products or byproducts, if produced infected acreage, could be released from in infected fields is likely to be much from host crops within a regulated area, regulation if the field was no longer lower than the 0.5 percent figure, as should have to be handled, stored, and being used for crop production or if it known infected fields represent a very used within the regulated area, had been subjected each year, for 5 small portion of the regulated areas in according to the commenters. consecutive years, to any one of the the United States. We believe that there We will not be making any changes to following management practices: is a very minimal risk of the spread of the final rule in response to these Planting with a cultivated non-host Karnal bunt spores through manure and comments. Bunted or damaged kernels crop; tilling once annually; or planting an even smaller risk—if any—that are likely to be susceptible to the with a host crop that tests negative, bunted kernels may be spread that way. milling process, i.e., unlikely to survive through the absence of bunted kernels, One commenter cited research it intact. Moreover, the screenings that for Karnal bunt. The commenters argued indicating that 25 percent to 35 percent result from the milling process are that we should eliminate tilling from the of healthy kernels pass through the routinely used for animal feed. In order list because it does not prevent Karnal ruminant digestive tract without being for the animals to receive the maximum bunt infection if a crop is allowed to completely digested. A bunted kernel is benefit from this feed source, the head. The commenters also not a healthy kernel of wheat, however, screenings are routinely steam-rolled or recommended that fields planted with and the structural integrity of the former used in a pellet formulation. Both of non-host crops be planted with ones is not equivalent to that of the latter. these processes mitigate the risk of that are not cultivated annually, such as Bunted kernels are very fragile and are transmitting the Karnal bunt pathogen. alfalfa; that if no crop is planted in a easily ruptured, and, thus, are less likely The commenters also stated that regulated field during the first year of than healthy grain to pass through the proposed § 301.89–2(b), which listed as the 5-year period preceding digestive tract of ruminant animals regulated articles grain elevators, deregulation, the field should be without being completely digested. equipment, and structures used to store required to undergo cultivation or The commenters also stated that soil and handle Karnal bunt-positive host chemical fallow; and that the list of in quantities sufficient to harbor bunted crops, needed clarification. It was acceptable management practices kernels should continue to be listed suggested that the paragraph could be should be expanded to include planting among the regulated articles for Karnal interpreted to apply only to those the field with a host crop for grazing, bunt. It was suggested that soil could regulated articles used to store or handle while ensuring the destruction of the not only contain bunted kernels but grain, since only bunted kernels are crop prior to the boot stage, and could also serve as a mechanism for mentioned. One commenter noted that enrolling the field in the Conservation spreading both the disease and the proposed § 301.89–12(c) addressed the Reserve Program. pathogen. cleaning and disinfection requirements We will not be making any changes to We have not observed soil originating for facilities that stored either spore- the final rule in response to these in regulated areas being moved in positive seed or bunted-kernel-positive comments. Tillage is a proven method significant volumes. We have seen grain, suggesting that, in the final rule, of reducing the spore load in the soil. limited movement of soil throughout a the list of regulated articles in § 301.89– Tillage exposes spores to the

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environment, which in turn causes the which such seed was stored, and the are adopting the proposed rule as a final spores to deteriorate, resulting in a field in which it was produced are rule, with the changes discussed in this decrease of the spore load in the soil. In contained in various places in this final document. addition, exposing the spores to the rule, including §§ 301.89–3, 301.89–12, Executive Order 12866 and Regulatory surface without a host promotes and 310.89–13. Flexibility Act ‘‘suicidal germination’’ of the One commenter took issue with some teliospores, which also contributes to a provisions of the cleaning, disinfection, This rule has been reviewed under decrease in the spore load. Spores and disposal requirements that were Executive Order 12866. The rule has germinate when the environmental contained in § 301.89–12 of the been determined to be not significant for conditions are favorable, regardless of proposed rule. Proposed paragraphs (a) the purposes of Executive Order 12866 whether there is a susceptible host and (c) stated that an inspector may and, therefore, has not been reviewed by plant. Suicidal germination reduces the determine whether to require the Office of Management and Budget. spore load and the probability of disinfection of certain regulated articles. This final rule is intended to improve infection. Another advantage of tilling is The commenter argued that since the clarity, transparency, and that it also prevents volunteer host § 301.89–12 does not include criteria for effectiveness of our Karnal bunt material from reaching the heading stage inspectors to use in making such regulations. This rulemaking is the of growth. We do not agree with the determinations, APHIS needed to result of a review of the regulations. recommendation to plant non-host develop such criteria and train its staff Of the substantive changes to the crops that are not cultivated annually. If in their use. The commenter also regulations contained in this final rule, a field is not cultivated annually, spore suggested that APHIS needed to four stand out as having the potential to longevity is likely to increase. We do consider pertinent environmental have the most economic impact: (1) not believe chemical fallow should factors, such as soil type, depth of the Adding provisions for removing fields qualify as an independent practice water table, and the potential for or areas from the list of regulated areas, during the 5-consecutive-year period, as product leaching and movement in the (2) modifying seed planting restrictions, its value, if any, in reducing the spore soil, in regard to the burial of (3) removing animal manure from the load in the soil is undetermined. chemically treated seed that has tested list of regulated articles, and (4) Planting a host crop for grazing is also positive for Karnal bunt. Due to these modifying cleaning and disinfecting problematic as a management strategy. and other factors, meeting the 24-inch requirements for seed conditioning Many times, wheat is planted for minimum depth requirement for burial equipment. These four changes—all of grazing, and, depending on the price of that is specified in § 319.89–12(e) may which are expected to have a favorable wheat, the crop is allowed to mature. not always be possible. impact on any affected entities—are We do not have the authority to dictate We will not be making any changes to discussed individually in the what a wheat producer may plant on his the final rule in response to these paragraphs that follow. comments. The regulations address how farm, nor may we condemn or require Adding Provisions for Removing Fields destruction of a crop without evidence APHIS will handle Karnal bunt-negative grain, Karnal bunt-positive grain, and or Areas From the List of Regulated of the Karnal bunt pathogen. Finally, Areas because a field enrolled in the seed produced in a regulated area. Any Conservation Reserve Program is not machinery or equipment associated The regulations have not contained likely to undergo annual tilling, spore with the production of Karnal bunt host criteria for the removal of fields or areas longevity in the field is not likely to material will fall into one of these three from the list of regulated areas, although decrease. categories and be handled accordingly. we have removed some fields or areas One commenter criticized the Specific guidance will be provided in from regulation in the past on a case-by- proposed rule for not stating how seed the Karnal Bunt Manual, and staff case basis. This rule establishes uniform will be sampled and analyzed under the training will be given. Regarding the criteria for the removal of fields or areas regulations. It was argued that APHIS burial provision, our current practices from regulation. must develop, publish, and distribute and this rulemaking do reflect our Even wheat testing Karnal bunt- procedures for these tasks, adopt consideration of the environmental negative has not been eligible for a procedures to protect the seed supply factors cited by the commenter. We only phytosanitary certificate with an from both bunted kernels and allow burial of treated seed in landfills additional declaration if it was grown in teliospores, and develop procedures to approved by the U.S. Environmental fields that previously tested Karnal deal with seed that tests positive for Protection Agency or on privately bunt-positive—a situation that adversely bunted kernels or teliospores and for the owned property with the owner’s impacts the wheat’s marketability and facility in which the seed was stored consent. We do not allow burial in areas value.1 By allowing wheat from those and the field in which it was produced. that are currently cultivated or in areas fields to become eligible for such a We will not be making any changes to subject to cultivation in the future. We certificate (if certain conditions are the final rule in response to these do not allow burial of seed in areas met), this rule will yield potential—and comments. Procedures for seed where the minimum 24-inch depth is in some cases immediate—economic sampling and analysis do exist and are not attainable. benefits for affected producers. contained in APHIS’s Karnal Bunt In San Saba and McCulloch Counties, Manual, available on the Internet at Miscellaneous TX, there are approximately 28 http://www.aphis.usda.gov/ppq/ Because we included tilling on our producers with fields that previously manuals/online_manuals.html#Karnal. list of acceptable crop management tested positive for Karnal bunt— Protecting the seed supply from bunted practices in proposed § 301.89–3, we including about 8 that will be kernels is not a concern because, as determined that we needed to define the noted earlier, if grain tests positive for term. Section 301.89–1 of this final rule 1 Major foreign importers will not accept wheat bunted kernels, it does not qualify as defines tilling as the turning of a from the United States that does not have such an additional declaration. Furthermore, many U.S. seed and could never be used as such. minimum of the top 6 inches of soil. elevators will not commingle wheat from Procedures to deal with seed that tests Therefore, for the reasons given in the previously tested positive fields with wheat positive for teliospores, the facility in proposed rule and in this document, we destined for the export market.

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immediately eligible for deregulation areas, the rule also has the potential to involve gathering the animals and since they have already satisfied the benefit owners of seed conditioning transporting them to a new location, conditions for release. It is estimated equipment who operate in those areas. such as a new pasture, during the 5-day that these 28 producers would have Even producers who do not sell seed period. The time and expense associated received, collectively, at least about outside the regulated area stand to with gathering and transporting cattle to $295,000 more for their wheat this past benefit. In Texas, for example, it is not a new location for clean-out may vary crop season if it had been eligible for uncommon for producers to hold back among individual livestock producers, export—an average of about $10,500 per a quantity of grain for use as seed in the depending on such factors as the producer. These dollar estimates are next planting season. With the distance to the new location, the cost for based on a price differential of at least regulatory changes in effect, producers the use of the new location, and the $1.80 per bushel between uncertified in regulated areas will be able to use equipment needed for transport to the wheat sold for animal feed and certified their grain as seed in fields that they new location. wheat in Texas sold for the export operate outside the regulated area— To date in northern Texas, only a few market.2 instead of having to purchase higher- cattle producers have had to clean out This final rule also has the potential priced commercial seed for use in those their animals, since most moved their to enable the approximately 25 fields. In San Saba and McCulloch animals before the wheat reached the producers in 4 north Texas counties Counties, TX, it is estimated that 14 soft dough stage. However, there are at (Young, Throckmorton, Archer, and producers would have saved a total of least 500 cattle producers in northern Baylor) with fields in a regulated area to about $60,000 this past crop season if Texas who will potentially benefit from recover lost revenues. Based on their they had been able to use their grain as this aspect of the final rule, including estimated production capacity of about seed in fields that they operated outside some who move up to about 25,000 81,000 bushels of wheat per crop the regulated area.5 It is estimated that head annually.6 about half of the approximately 450 season, this rule, by allowing the 25 Modifying Cleaning and Disinfecting growers to obtain the phytosanitary wheat producers in the regulated areas of northern Texas will benefit to at least Requirements for Seed Conditioning certificate with the additional Equipment declaration needed to market their some extent from this aspect of the final wheat for export, has the potential to rule. The regulations have provided that seed conditioning equipment used in enable them to recover $145,000 or Removing Animal Manure From the List the production of any host crop must be more in annual revenues, based on of Regulated Articles current prices.3 cleaned and disinfected (using USDA- Growers in Arizona and California The regulations have listed manure approved methods) prior to being will also benefit. This rule will enable from animals that have fed on untreated moved from the regulated area. the approximately 67 producers in or raw wheat as a regulated article (Cleaning means the removal of all soil Arizona with fields that previously under § 301.89–2. Although not set forth and plant debris, and disinfecting tested Karnal bunt-positive, to recover, in the regulations, it has been our means the treatment by one of three practice to require a 5-day ‘‘clean-out’’ collectively, revenues estimated at about approved methods, including steam and period for livestock that have been fed $1,433,000 per year. The four producers hot water and detergent.) untreated or raw wheat before the in California with fields that previously Under this final rule, only seed animals can be moved from the tested positive stand to recover, conditioning equipment that was used regulated area. During the clean-out collectively, about $210,000 per year in to condition seed that was tested and period, livestock can be fed only Karnal lost revenues.4 found to contain spores or bunted bunt-negative wheat or a non-host crop. kernels will have to be cleaned and Modifying Seed Planting Requirements This final rule removes animal manure disinfected prior to being moved from a The regulations have provided that from the list of regulated articles in regulated area (or prior to handling wheat, durum wheat, or triticale that is § 301.89–2, effectively eliminating the spore-negative seed). grown in regulated areas and intended clean-out policy. As a result of this rule, fewer pieces for use as seed cannot be planted This aspect of the rule will benefit of portable seed conditioning equipment outside those areas. Under this final livestock producers, since the clean-out will have to be cleaned and disinfected. rule, wheat, durum wheat, or triticale policy may compel them to switch their The affected entities will benefit, grown in regulated areas will be eligible animals to an alternative, but less because a single cleaning and for planting outside the regulated areas desirable, feed crop during the 5-day disinfecting is estimated to cost at least if it is tested and found free of bunted period. A change in feeding rations $150. However, the number of entities kernels and spores. during the clean-out period can potentially affected by this aspect of the Seed producers in regulated areas will adversely impact weight gain, which, in rule, and the potential impact on each, benefit because they will be able to sell turn, can adversely affect animal prices. is unknown. In northern Texas, where this rule has their seed outside those areas, Economic Impact on Small Entities recapturing markets that they had the potential to have the most impact, previously lost. Furthermore, by it has been estimated that cattle can lose The Regulatory Flexibility Act removing a disincentive for certified up to 20 percent of their weight in the requires that agencies consider the seed producers to operate in regulated first week following a feed-crop change. economic impact of their rules on small For a single head of cattle weighing 700 businesses, organizations, and 2 Source: George Nash (APHIS). Approximately lbs. before clean out, therefore, the governmental jurisdictions. This rule is 70 percent of the wheat produced in Texas is clean-out requirement can translate into expected to have an overall beneficial exported. a loss of up to $109 (based on the impact on the entities affected by the 3 Source: Barte Smith (APHIS). current price of about $0.78/lb). regulations, especially wheat producers. 4 Dollar estimates are derived from data provided Livestock producers will further However, we do not expect that the rule by Michael Hennessey and Cindy Umbdenstock (APHIS). Dollar estimates assume a price benefit because clean-out can also will have a significant economic impact differential of $1.80/bushel between uncertified and certified wheat. 5 George Nash (APHIS). 6 Source: Barte Smith (APHIS).

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on a substantial number of entities, large List of Subjects in 7 CFR Part 301 subsoilers; mechanized equipment used or small. Agricultural commodities, Plant for harvesting purposes—e.g., combines, Parts of three States (Texas, Arizona, diseases and pests, Quarantine, grain buggies, trucks, swathers, and hay and California) are currently regulated Reporting and recordkeeping balers. for Karnal bunt. In Texas, there are requirements, Transportation. * * * * * approximately 285,000 agricultural ■ Accordingly, we are amending 7 CFR Plant. Any plant (including any plant acres and about 550 wheat producers part 301 as follows: part) for or capable of propagation, under regulation. The equivalent figures including a tree, a tissue culture, a for Arizona and California are, PART 301—DOMESTIC QUARANTINE plantlet culture, pollen, a shrub, a vine, respectively, 465,000 acres (120 NOTICES a cutting, a graft, a scion, a bud, a bulb, producers) and 105,000 acres (18 a root, and a seed. ■ producers). 1. The authority citation for part 301 Seed. Wheat, durum wheat, and Wheat producers that will be affected continues to read as follows: triticale used for propagation. by this rule are likely to be small in size, Authority: 7 U.S.C. 7701–7772; 7 CFR 2.22, * * * * * when judged by the U.S. Small Business 2.80, and 371.3. Straw. The vegetative material left Administration’s (SBA’s) standards. Section 301.75–15 also issued under Sec. after the harvest of host crops. Straw is This assumption is based on composite 204, Title II, Pub. L. 106–113, 113 Stat. generally used as animal feed, bedding, data for providers of the same and 1501A–293; sections 301.75–15 and 301.75– mulch, or for erosion control. 16 also issued under Sec. 203, Title II, Pub. similar services. In 1997, Arizona had a Tilling. The turning of a minimum of total of 6,135 farms of all types. Of those L. 106–224, 114 Stat. 400 (7 U.S.C. 1421 note). the top 6 inches of soil. farms, 89 percent had annual sales that ■ 3. Section 301.89–2 is revised to read ■ year of less than $500,000, well below 2. Section 301.89–1 is amended by as follows: the SBA’s small entity threshold of removing the definitions for farm tools $750,000 for wheat farms. Similarly, the and milling products and byproducts § 301.89–2 Regulated articles. comparable percentages of small entities and by adding, in alphabetical order, The following are regulated articles: for Texas (194,301 total farms) and definitions for grain, hay, host crops, (a) Conveyances, including trucks, California (74,126 total farms) were 98 plant, seed, straw, and tilling and railroad cars, and other containers used percent and 89 percent, respectively. revising the definitions for contaminated to move host crops produced in a For some of the affected entities, seed, infestation (infected), and regulated area that have tested positive especially the smaller ones, the benefits mechanized cultivating equipment and for Karnal bunt through the presence of of this rule may be substantial. mechanized harvesting equipment to bunted kernels; However, the number of entities that read as follows: (b) Grain elevators/equipment/ will experience substantial benefits is structures used for storing and handling § 301.89–1 Definitions. expected to be small relative to all host crops produced in a regulated area entities potentially affected by this rule. * * * * * that have tested positive for Karnal bunt Under these circumstances, the Contaminated seed. Seed from through the presence of bunted kernels; Administrator of the Animal and Plant sources in which the Karnal bunt (c) Seed conditioning equipment and Health Inspection Service has pathogen (Tilletia indica (Mitra) storage/handling equipment/structures determined that this action will not Mundkur) has been determined to exist that have been used in the production have a significant economic impact on by the presence of bunted kernels or of wheat, durum wheat, and triticale a substantial number of small entities. teliospores. found to contain the spores of Tilletia * * * * * indica; Executive Order 12372 Grain. Wheat, durum wheat, and (d) Plants or plant parts (including This program/activity is listed in the triticale used for consumption or grain, seed, and straw) and hay cut after Catalog of Federal Domestic Assistance processing. reaching the dough stage of all varieties under No. 10.025 and is subject to * * * * * of wheat (Triticum aestivum), durum Executive Order 12372, which requires Hay. Host crops cut and dried for wheat (Triticum durum), and triticale intergovernmental consultation with feeding to livestock. Hay cut after (Triticum aestivum X Secale cereale) State and local officials. (See 7 CFR part reaching the dough stage may contain that are produced in a regulated area, 3015, subpart V.) mature kernels of the host crop. except for straw/stalks/seed heads for Host crops. Plants or plant parts, decorative purposes that have been Executive Order 12988 including grain, seed, or hay, of wheat, processed or manufactured prior to This final rule has been reviewed durum wheat, and triticale. movement and are intended for use under Executive Order 12988, Civil Infestation (infected). The presence of indoors; Justice Reform. This rule: (1) Preempts Karnal bunt, or any identifiable stage of (e) Tilletia indica (Mitra) Mundkur; all State and local laws and regulations development (i.e., bunted kernels in (f) Mechanized harvesting equipment that are inconsistent with this rule; (2) grain, bunted kernels or teliospores in that has been used in the production of has no retroactive effect; and (3) does seed) of the fungus Tilletia indica wheat, durum wheat, or triticale that not require administrative proceedings (Mitra) Mundkur, or the existence of has tested positive for Karnal bunt before parties may file suit in court circumstances that make it reasonable to through the presence of bunted kernels; challenging this rule. believe that Karnal bunt is present. and * * * * * (g) Any other product, article, or Paperwork Reduction Act Mechanized cultivating equipment means of conveyance when: This final rule contains no new and mechanized harvesting equipment. (1) An inspector determines that it information collection or recordkeeping Mechanized equipment used for soil presents a risk of spreading Karnal bunt requirements under the Paperwork tillage, including tillage attachments for based on appropriate testing and the Reduction Act of 1995 (44 U.S.C. 3501 farm tractors—e.g., tractors, disks, intended use of the product, article, or et seq.). plows, harrows, planters, and means of conveyance; and

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(2) The person in possession of the must be tested and found free from ■ 9. Section 301.89–12 is revised to read product, article, or means of conveyance bunted wheat kernels and spores before as follows: has been notified that it is regulated it may be used as seed within or outside § 301.89–12 Cleaning, disinfection, and under this subpart. a regulated area. disposal. ■ 4. Section 301.89–3 is amended as § 301.89–5 [Amended] (a) Mechanized harvesting equipment follows: that has been used to harvest host crops ■ a. In paragraph (d), by revising the ■ 6. Section 301.89–5 is amended as that test positive for Karnal bunt based fourth sentence to read as set forth follows: on the presence of bunted kernels must below. ■ a. In paragraph (a)(3), footnote 1, by be cleaned and, if disinfection is ■ b. By revising paragraph (e)(3) to read removing the words ‘‘Domestic and determined to be necessary by an as set forth below. Emergency Operations, 4700 River Road inspector, disinfected in accordance ■ c. By redesignating paragraph (f) as Unit 134’’ and adding the words with § 301.89–13 prior to movement paragraph (g) and adding a new ‘‘Surveillance and Emergency Programs from a regulated area. paragraph (f) to read as set forth below. Planning and Coordination, 4700 River (b) Seed conditioning equipment that ■ d. In newly redesignated paragraph (g), Road Unit 98’’ in their place. was used in the conditioning of seed by revising the introductory text to read ■ b. By removing paragraph (a)(4). that was tested and found to contain as set forth below. ■ 7. Section 301.89–6 is amended as spores or bunted kernels of Tilletia § 301.89–3 Regulated areas. follows: indica must be cleaned and disinfected ■ a. In the introductory text of paragraph * * * * * in accordance with § 301.89–13 prior to (d) * * * As soon as practicable, this (a), footnote 2, by removing the words being used in the conditioning of seed area either will be added to the list of ‘‘Domestic and Emergency Operations, that has tested negative for the spores of designated regulated areas in paragraph 4700 River Road Unit 134’’ and adding Tilletia indica or to being moved from (g) of this section, or the Administrator the words ‘‘Surveillance and Emergency a regulated area. will terminate the designation. * * * Programs Planning and Coordination, (c) Any grain storage facility, (e) * * * 4700 River Road Unit 98’’ in their place including on-farm storage, that is used (3) It is a distinct definable area that and by removing the words ‘‘, or from the to store seed that has tested bunted- contains at least one field that has been Karnal Bunt Project, 3658 E. Chipman kernel or spore positive or grain that has determined to be associated with grain Rd., Phoenix, Arizona 85040’’. tested bunted-kernel positive must be at a handling facility containing a ■ b. By revising paragraph (b) and the cleaned and, if disinfection is bunted kernel of a host crop (the introductory text of paragraph (c) to read determined to be necessary by an distinct definable area may include an as set forth below. inspector, disinfected in accordance area where Karnal bunt is not known to with § 301.89–13 if the facility will be § 301.89–6 Issuance of a certificate or used to store grain or seed in the future. exist but where intensive surveys are limited permit. required because of the area’s proximity (d) Conveyances used to move * * * * * bunted-kernel-positive host crops, to the field associated with the bunted (b) To be eligible for movement under kernel at the handling facility). including trucks, railroad cars, and a certificate, hay cut after the dough other containers, that have sloping (f) A field known to have been stage or grain from a field within a infected with Karnal bunt, as well as metal sides leading directly to a bottom regulated area must be tested prior to its door or slide chute, are self cleaning, any non-infected acreage surrounding movement from the field or before it is the field, will be released from and will not be required to be cleaned commingled with similar commodities and disinfected. regulation if: and must be found free from bunted (1) The field is no longer being used (e) Spore-positive wheat, durum kernels. If bunted kernels are found, the for crop production; or wheat, or triticale seed that has been (2) Each year for a period of 5 grain or hay will be eligible for treated with any chemical that renders consecutive years, the field is subjected movement only under a limited permit it unfit for human or animal to any one of the following management issued in accordance with paragraph (c) consumption must be disposed of by practices (the practice used may vary of this section, and the field of means of burial under a minimum of 24 from year to year): production will be considered positive inches of soil in a nonagricultural area (i) Planted with a cultivated non-host for Karnal bunt. that will not be cultivated or in an crop; (c) An inspector or a person operating approved landfill. (ii) Tilled once annually; or under a compliance agreement will ■ 10. Section 301.89–13 is revised to (iii) Planted with a host crop that tests issue a limited permit for the movement read as follows: negative, through the absence of bunted outside the regulated area of a regulated kernels, for Karnal bunt. article not eligible for a certificate if the § 301.89–13 Treatments. (g) The following areas or fields are inspector determines that the regulated All conveyances, mechanized designated as regulated areas (maps of article: harvesting equipment, seed the regulated areas may be obtained by * * * * * conditioning equipment, grain elevators, and structures used for storing and contacting the Animal and Plant Health ■ 8. Section 301.89–7 is amended by handling wheat, durum wheat, or Inspection Service, Plant Protection and revising footnote 4 to read as follows: Quarantine, 4700 River Road Unit 98, triticale required to be cleaned under Riverdale, MD 20737–1236): § 301.89–7 Compliance agreements. this subpart must be cleaned by removing all soil and plant debris. If * * * * * ***** 4 disinfection is required by an inspector ■ 5. Section 301.89–4 is revised to read in addition to cleaning, the articles must as follows: 4 Compliance agreements may be initiated by contacting a local office of Plant Protection and § 301.89–4 Planting. Quarantine, which are listed in telephone Health Inspection Service, Plant Protection and directories. The addresses and telephone numbers Quarantine, Surveillance and Emergency Program Any wheat, durum wheat, or triticale of local offices of Plant Protection and Quarantine Planning and Coordination, 4700 River Road Unit that originates within a regulated area may also be obtained from the Animal and Plant 98, Riverdale, Maryland 20737–1236.

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be disinfected by one of the methods DATES: This rule is effective on May 24, regulations other than technical changes specified in paragraph (a), (b), or (c) of 2004, without further action unless to conform the regulations to the Act, as this section, unless a particular adverse comment is received by March amended. SBA is publishing this treatment is designated by an inspector. 24, 2004. If adverse comment is regulation as a direct final rule because The treatment used must be that received, SBA will publish a timely it believes the rule is non-controversial specified by an inspector: withdrawal of the rule in the Federal since it merely conforms the existing (a) Wetting all surfaces to the point of Register. rule to the provisions of the Act that runoff with one of the following 1.5 ADDRESSES: Written comments should became effective on December 21, 2000. percent sodium hypochlorite solutions be sent to Harry Haskins, Deputy SBA believes that this rule will not and letting stand for 15 minutes, then Associate Administrator for Investment, elicit any significant adverse comments. thoroughly washing down all surfaces U.S. Small Business Administration, This rule is not intended to affect the after 15 minutes to minimize corrosion: 409 3rd Street, SW., Washington, DC rights of any parties to any outstanding (1) One part Ultra Clorox brand 20416 or www.regulations.gov. financing or commitment whose terms regular bleach (6 percent sodium FOR FURTHER INFORMATION CONTACT: were drafted in accordance with hypochlorite; EPA Reg. No. 5813–50) in Carol Fendler, Director, Office of regulations that established a minimum 3 parts water; or Licensing and Program Standards, five year term for a financing. (2) One part CPPC Ultra Bleach 2 Investment Division, Office of Capital Compliance With Executive Orders (6.15 percent sodium hypochlorite; EPA Access, (202) 205–7559 or 12866, 12988, and 13132, the Reg. No. 67619–8) in 3.1 parts water. [email protected]. (b) Applying steam to all surfaces Paperwork Reduction Act (44 U.S.C. until the point of runoff, and so that a SUPPLEMENTARY INFORMATION: SBA Ch. 35), and the Regulatory Flexibility critical temperature of 170 °F is reached always has interpreted section 102 of Act (5 U.S.C. 601–612) at the point of contact. the Act, 15 U.S.C. 681, to require SBICs to provide long term financing, either in Compliance With Executive Order (c) Cleaning with a solution of hot 12866 water and detergent, applied under the form of loans or equity capital. pressure of at least 30 pounds per Because the Act did not define ‘‘long The Office of Management and Budget term,’’ SBA had administratively square inch, at a minimum temperature (OMB) did not determine this rule to be defined the term to mean generally a of 170 °F. a ‘‘significant’’ regulatory action under financing with a minimum term of five Executive Order 12866. This rule only § 301.89–14 [Removed and Reserved] years. Accordingly, SBA promulgated implements technical corrections to the §§ 107.830, 107.835, 107.845 and ■ 11. Section 301.89–14 is removed and statute authorizing the SBIC program 107.850, which generally require that reserved. and will not have an annual effect on loans and debt securities have a stated Done in Washington, DC, this 17th day of the economy of $100 million or more, term of at least five years prior to adversely affect the economy in a February, 2004. maturity, subject to reasonable Kevin Shea, material way, create a serious amortization requirements, and that inconsistency or otherwise interfere Acting Administrator, Animal and Plant equity securities be outstanding for at with an action taken or planned by Health Inspection Service. least five years before the issuing small another agency, materially alter the [FR Doc. 04–3807 Filed 2–20–04; 8:45 am] business concern can be required to budgetary impact of loan programs or BILLING CODE 3410–34–P redeem them. The Small Business Investment other governmental programs, or raise Corrections Act of 2000, Public Law novel legal or policy issues arising out of legal mandates or the President’s SMALL BUSINESS ADMINISTRATION 106–554 (Corrections Act), title IV, section 402(b)(3), added a new section priorities. 13 CFR Part 107 103(17) to the Act, that effectively Compliance With Executive Order overruled SBA’s administrative 12988 RIN 3245–AE70 definition by defining ‘‘long term’’ to mean any period of time not less than For purposes of Executive Order Small Business Investment 12988, SBA has determined that this Companies—Long Term Financing one year. Each of the regulations affected by this direct final rule contains rule was drafted, to the extent AGENCY: U.S. Small Business references to a five-year minimum practicable, in accordance with the Administration (SBA). financing term. It should be emphasized standards set forth in section 3 of that order. ACTION: Direct final rule. that the Corrections Act established one year as the minimum financing term, Compliance With Executive Order SUMMARY: This direct final rule brings but did not affect an SBIC’s ability to 13132 the U.S. Small Business offer longer term financing. Under this Administration’s (SBA) regulations rule, SBICs will continue to be able to For purposes of Executive Order concerning the Small Business structure investments with longer 13132, SBA has determined that the rule Investment Company (SBIC) program maturities to accommodate the varying will not have substantial direct effects into conformity with the Small Business financial needs of small businesses. on the States, on the relationship Investment Act, as amended (Act). SBA is aware that the new statutory between the national government and Specifically, the rule would allow an definition of ‘‘long term’’ from the the States, or on the distribution of SBIC to extend financings on terms that Corrections Act may require further power and responsibilities among the require a small business concern to amendment of some of the affected various levels of government. Therefore, repay debt or to redeem equity sections beyond the changes made by under Executive Order 13132, SBA has securities, options, or warrants after a this rule. SBA intends to make any such determined that the rule does not have minimum of one year (rather than five amendments through a proposed rule to sufficient federalism implications to years, as currently stated in SBA’s be published at a later time. This rule warrant the preparation of a Federalism regulations). makes no changes to the current Assessment.

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Compliance With Paperwork Reduction ■ d. Revising newly redesignated ■ 6. Revise § 107.850(a) and (a)(2) to read Act, 44 U.S.C. Ch. 35 paragraphs (b), (c)(2), and (c)(3), to read as follows: as follows: The rule does not impose any new § 107.850 Restrictions on redemption of information collection requirements § 107.830 Minimum duration/term of Equity Securities. from SBA which require approval by financing. (a) A Portfolio Concern cannot be OMB under the Paperwork Reduction (a) General rule. The duration/term of required to redeem Equity Securities Act, 44 U.S.C. Ch. 35. all your Financings must be for a earlier than one year from the date of Compliance With the Regulatory minimum period of one year. the first closing unless: Flexibility Act, 5 U.S.C. 601–612 (b) Restrictions on mandatory (1) * * * The rule directly affects all SBICs, of redemption of Equity Securities. If you (2) You make a follow-on investment, which there are currently 447. SBA have acquired Equity Securities, options in which case the new securities may be estimates that 75 percent of these SBICs or warrants on terms that include redeemed in less than one year, but no are small entities. Therefore, SBA has redemption by the Small Business, you earlier than the redemption date determined that the rule will have an must not require redemption by the associated with your earliest Financing impact on a substantial number of small Small Business within the first year of of the concern. entities. your acquisition except as permitted in * * * * * However, SBA has determined that § 107.850. Dated: January 27, 2004. (c) * * * the impact on entities affected by the Hector V. Barreto, (2) Prepayment. You must permit rule will not be significant. The effect of Administrator. the rule will be to allow SBICs the voluntary prepayment of Loans and [FR Doc. 04–3842 Filed 2–20–04; 8:45 am] flexibility to negotiate the optimal Debt Securities by the Small Business. structure for their investments. The rule You must obtain SBA’s prior written BILLING CODE 8025–01–P establishes one year as the minimum approval of any restrictions on the financing term, but does not affect an ability of the Small Business to prepay SBIC’s ability to offer longer term other than the imposition of a DEPARTMENT OF TRANSPORTATION financing. Under this rule, SBICs will reasonable prepayment penalty under continue to be able to structure paragraph (c)(3) of this section. Federal Aviation Administration investments with longer maturities to (3) Prepayment penalties. You may accommodate the varying financial charge a reasonable prepayment penalty 14 CFR Part 39 needs of small businesses. The rule which must be agreed upon at the time [Docket No. 2004–NE–06–AD; Amendment imposes no additional paperwork of the Financing. If SBA determines that 39–13485; AD 2004–04–04] burden and no new notification or a prepayment penalty is unreasonable, approval requirements. Accordingly, you must refund the entire penalty to RIN 2120–AA64 SBA hereby determines that this rule the Small Business. A prepayment will not have a significant economic penalty equal to 5 percent of the Airworthiness Directives; General impact on a substantial number of small outstanding balance during the first year Electric Company CF34–8E Series entities. of any Financing, declining by one Turbofan Engines percentage point per year through the List of Subjects in 13 CFR Part 107 AGENCY: Federal Aviation fifth year, is considered reasonable. Administration (FAA), DOT. Investment companies, Loan ■ 4. Amend § 107.835 by: programs-business, Small businesses. ACTION: Final rule; request for ■ a. Removing paragraph (d); comments. ■ For the reasons set forth in the ■ b. Redesignating paragraph (e) as preamble, amend part 107 of title 13 of paragraph (d); and SUMMARY: The FAA is adopting a new the Code of Federal Regulations as ■ c. Revising the introductory text and airworthiness directive (AD) for General follows: the first sentence of paragraph (a) to read Electric Company (GE) CF34–8E series turbofan engines, with certain serial PART 107—SMALL BUSINESS as follows: number (SN) master variable geometry INVESTMENT COMPANIES § 107.835 Exceptions to minimum (VG) actuators installed. This AD duration/term of Financing. ■ 1. Revise the authority citation for Part requires initial and repetitive reviews of 107 to read as follows: You may make a Short-term the airplane computer systems for Financing for a term less than one year Authority: 15 U.S.C. 681 et seq., 683, master VG actuator fault messages. This 687(c), 687b, 687d, 687g, 687m, and Pub. L. if the Financing is: AD also requires replacement of 106–554, 114 Stat. 2763. (a) An interim Financing in actuators reported faulty by the Full ■ 2. Revise the definition of ‘‘Short-term contemplation of long-term Financing. Authority Digital Engine Control Financing’’ in § 107.50 to read as follows: *** (FADEC). This AD results from nine * * * * * reports of CF34–8C master VG actuator § 107.50 Definition of Terms. ■ 5. Revise § 107.845 to read as follows: electrical signal faults, one report of * * * * * which was a dual-channel fault, Short-term Financing means § 107.845 Maximum rate of amortization on resulting in the FADEC commanding the Financing with a term of less than one Loans and Debt Securities. engine power to idle. We are issuing year in accordance with the regulations. The principal of any Loan (or the loan this AD to prevent VG master actuator * * * * * portion of any Debt Security) with a dual-channel electrical signal faults ■ 3. Amend § 107.830 by: term of one year or less cannot be which will cause an uncommanded ■ a. Revising paragraph (a); amortized faster than straight line. If the reduction of thrust to idle with a ■ b. Removing paragraph (b); term is greater than one year, the subsequent loss of the ability to advance ■ c. Redesignating paragraphs (c) and (d) principal cannot be amortized faster thrust above idle; and which could as (b) and (c), respectively; and than straight line for the first year. result in a multi-engine loss of thrust if

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dual-channel faults occur on more than seventeen days after the first single- FAA’s Determination of the Effective one engine simultaneously. channel fault report, resulting in the Date DATES: This AD becomes effective FADEC commanding the engine power Since an unsafe condition exists that March 9, 2004. The Director of the to idle. The manufacturer’s on-going requires the immediate adoption of this Federal Register approved the investigation has revealed LVDT coil AD, we have found that notice and incorporation by reference of certain wire deformation and breakage, caused opportunity for public comment before publications listed in the regulations as by thermal expansion of potting issuing this AD are impracticable, and of March 9, 2004. material. The affected master VG that good cause exists for making this We must receive any comments on actuators are identified by serial amendment effective in less than 30 this AD by April 23, 2004. numbers (SNs) APM238AE, and SNs days. ADDRESSES: Use one of the following APM242AE and up. A dual-channel Changes to 14 CFR Part 39—Effect on addresses to submit comments on this LVDT failure that occurs at a certain the AD AD: phase of flight will result in a single • By mail: The Federal Aviation engine loss of thrust control. VG master On July 10, 2002, we issued a new Administration (FAA), New England actuators with dual-channel LVDT version of 14 CFR part 39 (67 FR 47998, Region, Office of the Regional Counsel, failures that occur simultaneously on July 22, 2002), which governs our AD Attention: Rules Docket No. 2004–NE– multiple engines will cause a multi- system. This regulation now includes 06–AD, 12 New England Executive Park, engine loss of thrust control. material that relates to special flight permits, alternative methods of Burlington, MA 01803–5299. Relevant Service Information • By fax: (781) 238–7055. compliance, and altered products. This • By e-mail: 9-ane- We have reviewed and approved the material previously was included in [email protected]. technical contents of GE Alert Service each individual AD. Since this material You can get the service information Bulletin (ASB) No. CF34–8E–AL S/B is included in 14 CFR part 39, we will referenced in this AD from General 75–A0001, Revision 1, dated February not include it in future AD actions. Electric Company via Lockheed Martin 10, 2004, that describes procedures for Interim Action Technology Services, 10525 Chester initial and repetitive reviews of the These actions are interim actions and Road, Suite C, Cincinnati, Ohio 45215, airplane computer systems for fault we may take further rulemaking actions telephone (513) 672–8400, fax (513) messages, and replacement of actuators in the future. 672–8422. reported faulty by the FADEC. You may examine the AD docket, by Comments Invited appointment, at the FAA, New England FAA’s Determination and Requirements Region, Office of the Regional Counsel, of This AD This AD is a final rule that involves 12 New England Executive Park, requirements affecting flight safety and The unsafe condition described was not preceded by notice and an Burlington, MA. You may examine the previously is likely to exist or develop service information, by appointment, at opportunity for public comment; on other CF34–8E series turbofan however, we invite you to submit any the FAA, New England Region, Office of engines of the same type design. We are written relevant data, views, or the Regional Counsel, 12 New England issuing this AD to prevent VG master arguments regarding this AD. Send your Executive Park, Burlington, MA; or at actuator dual-channel electrical signal comments to an address listed under the Office of the Federal Register, 800 faults: ADDRESSES. Include ‘‘AD Docket No. North Capitol Street, NW., suite 700, • 2004–NE–06–AD’’ in the subject line of Washington, DC. Which will cause an uncommanded reduction of thrust to idle with a your comments. If you want us to FOR FURTHER INFORMATION CONTACT: acknowledge receipt of your mailed Robert Grant, Aerospace Engineer, subsequent loss of the ability to advance thrust above idle; and comments, send us a self-addressed, Aircraft Certification Office, FAA, stamped postcard with the docket • Which could result in a multi- Engine and Propeller Directorate, 12 number written on it; we will date- New England Executive Park, engine loss of thrust if dual-channel stamp your postcard and mail it back to Burlington, MA; telephone (781) 238– faults occur on more than one engine you. We specifically invite comments 7757; fax (781) 238–7199. simultaneously. on the overall regulatory, economic, SUPPLEMENTARY INFORMATION: In This AD requires an initial review environmental, and energy aspects of September of 2002, GE, the within 10 days after the effective date of the rule that might suggest a need to manufacturer of CF34–8E series the AD, of the airplane computer modify it. If a person contacts us turbofan engines, replaced its supplier systems for fault messages, and verbally, and that contact relates to a of dual-channel linear variable replacement of actuators reported faulty substantive part of this AD, we will differential transformers (LVDTs), by the FADEC. Actuator hardware summarize the contact and place the installed on the master VG actuator, part troubleshooting may be required to summary in the docket. We will number 4120T02P02. Since that identify faulty actuators. This AD also consider all comments received by the changing of suppliers, nine master VG requires the same reviews, repetitively, closing date and may amend the AD in actuators, installed on CF34–8C engines, at intervals not to exceed 10 days. light of those comments. with LVDTs produced by the new Replacement of actuators reported faulty We are reviewing the writing style we supplier have been reported with single- by the FADEC is required either before currently use in regulatory documents. channel electrical signal faults sent to further flight or within 10 days of the We are interested in your comments on the MDC and to the FADEC. The CF34– first fault occurrence, based on whether the style of this document is 8E engines use the same part number requirements defined in the service clear, and your suggestions to improve VG master actuator as the CF34–8C information described previously, for the clarity of our communications with series engines, and the same service the actual fault reported. You must use you. You can get more information experience is expected. One of these the service information described about plain language at http:// master VG actuators also experienced a previously to perform the actions www.faa.gov/language and http:// failure of the second LVDT channel, required by this AD. www.plainlanguage.gov.

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Examining the AD Docket Affected ADs AD if requested using the procedures found in 14 CFR 39.19. You may examine the AD Docket (b) None. (including any comments and service Applicability Special Flight Permits information), by appointment, between (c) This AD applies to General Electric (j) Under 39.23, the FAA imposes the 8 a.m. and 4:30 p.m., Monday through Company (GE) CF34–8E series turbofan following conditions and limitations on the Friday, except Federal holidays. See engines, with master variable geometry (VG) issuance and use of Special Flight Permits for ADDRESSES for the location. actuators, part number (P/N) 4120T02P02, this AD: serial number (SN) APM238AE, and SNs (1) If both engines report FADEC status Regulatory Findings APM242AE and up. These engines are installed on, but not limited to, Embraer 170 messages, with dispatch classification the We have determined that this AD will series airplanes. same as an actuator LVDT fault, at the same not have federalism implications under time, whether intermittent or continuous, at Executive Order 13132. This AD will Unsafe Condition least one engine must be cleared of faults not have a substantial direct effect on (d) This AD results from nine reports of before the further flight, even if none of the the States, on the relationship between CF34–8C master VG actuator electrical signal faults are VG actuator-related. the national Government and the States, faults, one report of which was a dual- (2) If both engines report FADEC status or on the distribution of power and channel fault, resulting in the Full Authority messages with dispatch classification the Digital Engine Control (FADEC) commanding same as an actuator LVDT fault, at the same responsibilities among the various the engine power to idle. We are issuing this levels of government. AD to prevent VG master actuator dual- time, whether intermittent or continuous, the For the reasons discussed above, I channel electrical signal faults: airplane computer systems must be reviewed certify that the regulation: (1) Which will cause an uncommanded for master VG actuator faults before further 1. Is not a ‘‘significant regulatory reduction of thrust to idle with a subsequent flight. If actuator faults are present for both action’’ under Executive Order 12866; loss of the ability to advance thrust above engines, then at least one master VG actuator 2. Is not a ‘‘significant rule’’ under the idle; and must be replaced before further flight. (2) Which could result in a multi-engine DOT Regulatory Policies and Procedures (3) If intermittent status messages are loss of thrust if dual-channel faults occur on posted for both engines, with the same (44 FR 11034, February 26, 1979); and more than one engine simultaneously. 3. Will not have a significant dispatch classification as LVDT faults, and economic impact, positive or negative, Compliance the cause cannot be found, one of the actuators must be replaced before further on a substantial number of small entities (e) You are responsible for having the flight. under the criteria of the Regulatory actions required by this AD performed within (4) If a master VG actuator with a single Flexibility Act. the compliance times specified unless the actions have already been done. channel fault switches channels, the actuator We prepared a summary of the costs (f) Before installation of a replacement VG must be replaced before further flight. to comply with this AD and placed it in actuator, P/N 4120T02P02 with SNs the AD Docket. You may get a copy of APM238AE, APM242AE and up, confirm Material Incorporated by Reference this summary by sending a request to us that the actuator is new, or if used, confirm (k) You must use GE Alert Service Bulletin at the address listed under ADDRESSES. that records show that the linear variable No. CF34–8E–AL S/B 75–A0001, Revision 1, Include ‘‘AD Docket No. 2004–NE–06– differential transformer (LVDT), installed on dated February 10, 2004, to perform the the master VG actuator, has been replaced AD’’ in your request. reviews and actuator dispositions required by since last actuator use. List of Subjects in 14 CFR Part 39 this AD. The Director of the Federal Register Initial Review approved the incorporation by reference of Air transportation, Aircraft, Aviation (g) Within 10 days after the effective date this service bulletin in accordance with 5 safety, Incorporation by reference, of this AD, initially review the airplane U.S.C. 552(a) and 1 CFR part 51. You can get Safety. computer systems for fault messages, and a copy from General Electric Company via replace actuators with faults reported by the Lockheed Martin Technology Services, 10525 Adoption of the Amendment FADEC. Follow the review and replacement Chester Road, Suite C, Cincinnati, Ohio requirements of paragraph 3 of the ■ 45215, telephone (513) 672–8400, fax (513) Accordingly, under the authority Accomplishment Instructions of GE Alert 672–8422. You may review copies at the delegated to me by the Administrator, Service Bulletin (ASB) No. CF34–8E–AL S/B the Federal Aviation Administration 75–A0001, Revision 1, dated February 10, Federal Aviation Administration (FAA), New amends part 39 of the Federal Aviation 2004. The specific review instructions are England Region, Office of the Regional Regulations (14 CFR part 39) as follows: dependent on the version of FADEC software Counsel, 12 New England Executive Park, installed at the time of the review, as detailed Burlington, MA 01803–5299; or at the Office PART 39—AIRWORTHINESS in the ASB. of the Federal Register, 800 North Capitol DIRECTIVES Repetitive Review Street, NW., suite 700, Washington, DC. ■ 1. The authority citation for part 39 (h) At intervals not to exceed 10 days, Related Information continues to read as follows: repetitively review the computer systems for (l) AD 2003–26–05 also addresses the same fault messages, and replace actuators with unsafe condition, but for GE CF34–8C1 series Authority: 49 U.S.C. 106(g), 40113, 44701. faults reported by the FADEC. Follow the and CF34–8C5 series turbofan engines. review and replacement requirements of § 39.13 [Amended] paragraph 3 of the Accomplishment Issued in Burlington, Massachusetts, on ■ 2. The FAA amends § 39.13 by adding Instructions of GE ASB No. CF34–8E–AL S/ February 13, 2004. B 75–A0001, Revision 1, dated February 10, the following new airworthiness Peter A. White, directive: 2004. The specific review instructions are dependent on the version of FADEC software Acting Manager, Engine and Propeller 2004–04–04 General Electric Company: installed at the time of the review, as detailed Directorate, Aircraft Certification Service. Amendment 39–13485. Docket No. in the ASB. [FR Doc. 04–3679 Filed 2–20–04; 8:45 am] 2004–NE–06–AD. Alternative Methods of Compliance BILLING CODE 4910–13–P Effective Date (i) The Manager, Engine Certification (a) This airworthiness directive (AD) Office, has the authority to approve becomes effective March 9, 2004. alternative methods of compliance for this

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DEPARTMENT OF TRANSPORTATION Region, Office of the Regional Counsel, Relevant Service Information 12 New England Executive Park, We have reviewed and approved the Federal Aviation Administration Burlington, MA; or at the Office of the technical contents of the following RR Federal Register, 800 North Capitol service bulletins (SBs) and Embraer SB: 14 CFR Part 39 Street, NW., suite 700, Washington, DC. • RR SB AE 3007A–79–034, dated [Docket No. 2000–NE–29–AD; Amendment FOR FURTHER INFORMATION CONTACT: Kyri May 14, 2002, which provides 39–13486; AD 2004–04–05] Zaroyiannis, Aerospace Engineer, procedures for inspecting for bearing RIN 2120–AA64 Chicago Aircraft Certification Office, material contamination of the engine oil FAA, Small Airplane Directorate, 2300 system by reviewing the maintenance Airworthiness Directives; Rolls-Royce East Devon Avenue, Des Plaines, IL page on the cockpit Multi Function Corporation (Formerly Allison Engine 60018; telephone: (847) 294–7836; fax: Display. • Company) AE 3007 Series Turbofan (847) 294–7834. RR SB AE 3007A–72–199, Revision Engines 3, dated May 13, 2002, which provides SUPPLEMENTARY INFORMATION: On April procedures to modify the HP-to-LP seal AGENCY: Federal Aviation 16, 2001, we issued AD 2001–08–15, assembly, P/N 23068183, and remark Administration (FAA), DOT. Amendment 39–12192 (66 FR 21067, seal assembly to P/N 23073953. ACTION: Final rule; request for April 27, 2001). That AD requires initial • RR SB AE 3007A–72–213, Revision comments. and repetitive inspections for bearing 1, dated May 13, 2002, which provides material contamination of the engine oil procedures to install new design HP-to- SUMMARY: The FAA is superseding an system. That AD was prompted by LP seal assembly, P/N 23074729. existing airworthiness directive (AD) for reports of rapid failures of the No. 1 • RR SB AE 3007A–72–213, Revision Rolls-Royce Corporation (RR) (formerly bearing. That AD also allows as 2, dated November 20, 2003, which Allison Engine Company) AE 3007A, terminating action to the repetitive provides procedures to install new AE 3007A1/1, AE 3007A1/2, AE inspections, incorporation of Embraer design HP-to-LP seal assembly, P/N 3007A1, AE 3007A1/3, AE 3007A1P, Service Bulletin (SB) 145–79–0001, 23077397. and AE 3007A3 turbofan engines. That dated April 24, 1998. That SB installs an • RR SB AE 3007A–72–248, dated AD currently requires initial and electrical jumper in an airplane July 29, 2003, which provides repetitive inspections for bearing electrical connector, which adds a procedures to install new design HP-to- material contamination of the engine oil second function to the Oil Impending LP seal assembly, P/N 23074463. system. This AD requires the same Bypass advisory message, on the Engine • RR SB AE 3007A–72–263, Revision inspections but with an extended Indication and Crew Alerting System 1, dated March 4, 2003, which provides repetitive inspection interval, and adds (EICAS). After incorporation of the SB, procedures to modify the HP-to-LP seal terminating actions to the repetitive this message can either represent that assembly, P/N 23074729, and remark inspections required by this AD. This there is an oil impending bypass, or that seal assembly to P/N 23076526. AD is prompted by design changes the magnetic chip detector plug has • RR SB AE 3007A–72–284, dated introduced by the manufacturer that collected enough ferrous metal to October 16, 2003, which provides reduce the axial load on the No. 1 indicate possible initiation of bearing procedures to modify the HP-to-LP seal bearing. We are issuing this AD to failure. That condition, if not corrected, assembly, P/N 23074729 or P/N prevent the rapid failure of the No. 1 could result in smoke in the cabin and 23076526, and remark seal assembly to bearing, which could result in smoke in an uncommanded in-flight engine P/N 23077397. the cabin and an uncommanded in- shutdown. • Embraer SB 145–79–0001, dated flight engine shutdown. April 24, 1998, which provides Actions Since AD 2001–08–15 Was DATES: Effective March 9, 2004. The procedures to modify the airplane Issued Director of the Federal Register wiring so that the oil impending bypass approved the incorporation by reference Since that AD was issued, the message will be displayed in the cockpit of certain publications listed in the manufacturer has introduced several when the primary engine magnetic chip regulations as of March 9, 2004. turbine design changes, each of which detector captures debris. We must receive any comments on sufficiently reduces the axial load on this AD by April 23, 2004. FAA’s Determination and Requirements the No. 1 bearing, to virtually eliminate of This AD ADDRESSES: Use one of the following the potentially unsafe condition of addresses to submit comments on this rapid, undetected bearing failure. The The unsafe condition described AD: design changes include: previously is likely to exist or develop • on other RR AE 3007A, AE 3007A1/1, By mail: The Federal Aviation • Administration (FAA), New England Modifying the current high pressure AE 3007A1/2, AE 3007A1, AE 3007A1/ Region, Office of the Regional Counsel, (HP)-to-low pressure (LP) seal assembly, 3, AE 3007A1P, and AE 3007A3 Attention: Rules Docket No. 2000–NE– part number (P/N) 23068183, with a turbofan engines of the same type 29–AD, 12 New England Executive Park, large geometric rear seal diameter, and design. We are issuing this AD to Burlington, MA 01803–5299. remarking it to new P/N 23073953. This prevent the rapid failure of the No. 1 • By fax: (781) 238–7055. modified seal assembly adjusts bearing, which could result in smoke in • By e-mail: 9-ane- interstage turbine cavity pressure and the cabin and an uncommanded in- [email protected]. effectively reduces the axial load on the flight engine shutdown. This AD You can get the service information No. 1 bearing. requires initial and repetitive referenced in this AD from Rolls-Royce • Introducing new HP-to-LP seal inspections for bearing material Corporation, P.O. Box 420, Indianapolis, assemblies, P/Ns 23074463, 23074729, contamination of the engine oil system, IN 46206–0420; telephone (317) 230– 23076526, and 23077397, with a smaller and adds terminating actions to the 3030. geometric rear seal diameter. These new repetitive inspections required by this You may examine the AD docket, by seal assemblies also reduce the axial AD. Six of the seven terminating actions appointment, at the FAA, New England load on the No. 1 bearing. listed, eliminate the unsafe condition by

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installing new or reworked parts, and whether the style of this document is 2004–04–05 Rolls-Royce Corporation: one terminating action eliminates the clear, and your suggestions to improve Amendment 39–13486. Docket No. unsafe condition by installing an the clarity of our communications with 2000–NE–29–AD. electrical jumper in an airplane you. You may get more information Effective Date electrical connector, which adds a about plain language at http:// (a) This airworthiness directive (AD) second function to the Oil Impending www.faa.gov/language and http:// becomes effective March 9, 2004. Bypass advisory message, on the EICAS. www.plainlanguage.gov. You must do these actions in Affected ADs accordance with the service information Examining the AD Docket (b) This AD supersedes AD 2001–08–15, described previously. You may examine the AD Docket Amendment 39–12192. (including any comments and service FAA’s Determination of the Effective Applicability information), by appointment, between Date (c) This AD is applicable to Rolls-Royce 8 a.m. and 4:30 p.m., Monday through Corporation (RR) (formerly Allison Engine Since an unsafe condition exists that Friday, except Federal holidays. See Company) AE 3007A, AE 3007A1/1, AE requires the immediate adoption of this ADDRESSES for location. 3007A1/2, AE 3007A1, AE 3007A1/3, AE AD, we have found that notice and 3007A1P, and AE 3007A3 turbofan engines. opportunity for public comment before Regulatory Findings These engines are installed on, but not issuing this AD are impracticable, and We have determined that this AD will limited to, Embraer Model EMB–145, EMB– that good cause exists for making this not have federalism implications under 145ER, EMB–145MR, EMB–145LR, EMB– amendment effective in less than 30 Executive Order 13132. This AD will 135ER, and EMB–135LR airplanes. days. not have a substantial direct effect on Unsafe Condition Changes to 14 CFR Part 39—Effect on the States, on the relationship between (d) This AD is prompted by design changes the AD the national Government and the States, introduced by the manufacturer that reduce or on the distribution of power and the No. 1 bearing load. The actions specified On July 10, 2002, we issued a new responsibilities among the various in this AD are intended to prevent the rapid version of 14 CFR part 39 (67 FR 47997, levels of government. failure of the No. 1 bearing, which could July 22, 2002), which governs our AD For the reasons discussed above, I result in smoke in the cabin and an system. This regulation now includes certify that the regulation: uncommanded in-flight engine shutdown. material that relates to special flight 1. Is not a ‘‘significant regulatory Compliance permits, alternative methods of action’’ under Executive Order 12866; (e) You are responsible for having the compliance, and altered products. This 2. Is not a ‘‘significant rule’’ under the actions required by this AD performed within material previously was included in DOT Regulatory Policies and Procedures the compliance times specified unless the each individual AD. Since this material (44 FR 11034, February 26, 1979); and actions have already been done. is included in 14 CFR part 39, we will 3. Will not have a significant Inspection for Bearing Material not include it in future AD actions. economic impact, positive or negative, Contamination of the Oil System Comments Invited on a substantial number of small entities (f) Inspect for bearing material under the criteria of the Regulatory This AD is a final rule that involves contamination of the oil system using Flexibility Act. paragraph 2.A. of the Accomplishment requirements affecting flight safety and We prepared a summary of the costs Instructions of RR service bulletin (SB) No. was not preceded by notice and an to comply with this AD and placed it in AE 3007A–79–034, dated May 14, 2002, as opportunity for public comment; the AD Docket. You may get a copy of follows: however, we invite you to submit any this summary by sending a request to us (1) Initially inspect within 50 flight hours written relevant data, views, or at the address listed under ADDRESSES. or five flight days after the effective date of arguments regarding this AD. Send your this AD. Include ‘‘AD Docket No. 2000–NE–29– (2) Thereafter, inspect every 50 flight hours comments to an address listed under AD’’ in your request. ADDRESSES. Include ‘‘AD Docket No. or every five flight days. 2000–NE–29–AD’’ in the subject line of List of Subjects in 14 CFR Part 39 Terminating Actions your comments. If you want us to Air transportation, Aircraft, Aviation (g) As terminating actions to the repetitive acknowledge receipt of your mailed safety, Incorporation by reference, inspections specified in paragraph (f)(2) of comments, send us a self-addressed, Safety. this AD, do any one of the following stamped postcard with the docket paragraphs (g)(1) through (g)(7), by December number written on it; we will date- Adoption of the Amendment 31, 2007: (1) Modify high pressure (HP)-to-low stamp your postcard and mail it back to ■ Accordingly, under the authority you. We specifically invite comments pressure (LP) seal assembly, part number (P/ delegated to me by the Administrator, N) 23068183, and remark to P/N 23073953, on the overall regulatory, economic, the Federal Aviation Administration at engine overhaul, using RR SB AE 3007A– environmental, and energy aspects of amends part 39 of the Federal Aviation 72–199, Revision 3, dated May 13, 2002. the rule that might suggest a need to Regulations (14 CFR part 39) as follows: (2) Install new design HP-to-LP seal modify it. If a person contacts us assembly, P/N 23074729, at engine overhaul, through a nonwritten communication, PART 39—AIRWORTHINESS using RR SB AE 3007A–72–213, Revision 1, and that contact relates to a substantive DIRECTIVES dated May 13, 2002. part of this AD, we will summarize the (3) Install new design HP-to-LP seal ■ contact and place the summary in the 1. The authority citation for part 39 assembly, P/N 23077397, at engine overhaul, docket. We will consider all comments continues to read as follows: using RR SB AE 3007A–72–213, Revision 2, dated November 20, 2003. Authority: 49 U.S.C. 106(g), 40113, 44701. received by the closing date and may (4) Install new design HP-to-LP seal amend the AD in light of those § 39.13 [Amended] assembly, P/N 23074463, at engine overhaul, comments. using RR SB AE 3007A–72–248, dated July We are reviewing the writing style we ■ 2. The FAA amends § 39.13 by adding 29, 2003. currently use in regulatory documents. the following new airworthiness (5) Modify HP-to-LP seal assembly, We are interested in your comments on directive: P/N 23074729, and remark to P/N 23076526,

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at engine overhaul, using RR SB AE 3007A– Alternative Methods of Compliance part 51. You may get RR copies from Rolls- 72–263, Revision 1, dated March 4, 2003. (h) The Manager, Chicago Aircraft Royce Corporation, P.O. Box 420, (6) Modify HP-to-LP seal assembly, Certification Office, has the authority to Indianapolis, IN 46206–0420; telephone (317) P/N 23074729 or P/N 23076526, and remark approve alternative methods of compliance 230–3030, and Embraer copies from Emprasa to P/N 23077397, at engine overhaul, using for this AD if requested using the procedures Brasiliera de Aeronautica S.A. (EMBRAER), RR SB AE 3007A–72–284, dated October 16, found in 14 CFR 39.19. P.O. Box 343–CEP 12.225, Sao Jose dos 2003. Campos-SP, Brazil. You may review copies at (7) Using Embraer SB 145–79–0001, dated Material Incorporated by Reference the FAA, New England Region, Office of the April 24, 1998, modify the airplane wiring so (i) The Director of the Federal Register Regional Counsel, 12 New England Executive that the oil impending bypass message will approved the incorporation by reference of Park, Burlington, MA; or at the Office of the be displayed in the cockpit when the primary the Rolls-Royce (RR) documents and Embraer Federal Register, 800 North Capitol Street, engine magnetic chip detector captures document listed in Table 1 of this AD in NW., suite 700, Washington, DC. Table 1 debris. accordance with 5 U.S.C. 552(a) and 1 CFR follows:

TABLE 1.—INCORPORATION BY REFERENCE

Page number(s) Revision level Date shown on the Service bulletin shown on the page shown on the page page

RR SB AE 3007A–79–034 ...... All ...... Original ...... May 14, 2002. RR SB AE 3007A–72–199 ...... All ...... 3 ...... May 13, 2002. RR SB AE 3007A–72–213 ...... All ...... 1 ...... May 13, 2002. RR SB AE 3007A–72–213 ...... All ...... 2 ...... November 20, 2003. RR SB AE 3007A–72–248 ...... All ...... Original ...... July 29, 2003. RR SB AE 3007A–72–263 ...... All ...... 1 ...... March 4, 2003. RR SB AE 3007A–72–284 ...... All ...... Original ...... October 16, 2003. Embraer SB–145–79–0001 ...... All ...... Original ...... April 24, 1998.

Related Information this AD to prevent fuel leakage from the the Office of the Federal Register, 800 (j) None. fuel flow divider assembly, which could North Capitol Street, NW., suite 700, Issued in Burlington, Massachusetts, on cause an engine fire, leading to an in- Washington, DC. February 13, 2004. flight engine shutdown and forced FOR FURTHER INFORMATION CONTACT: Peter A. White, landing. Mark Bouyer, Aerospace Engineer, Acting Manager, Engine and Propeller DATES: This AD becomes effective Engine Certification Office, FAA, Engine Directorate, Aircraft Certification Service. March 9, 2004. The Director of the and Propeller Directorate, 12 New [FR Doc. 04–3681 Filed 2–20–04; 8:45 am] Federal Register approved the England Executive Park; telephone (781) BILLING CODE 4910–13–P incorporation by reference of certain 238–7755; fax (781) 238–7199. publications listed in the regulations as SUPPLEMENTARY INFORMATION: On July of March 9, 2004. 25, 2003, we were made aware that 182 DEPARTMENT OF TRANSPORTATION We must receive any comments on temperature control valve assemblies, this AD by April 23, 2004. located on the fuel flow divider Federal Aviation Administration ADDRESSES: Use one of the following assembly, are susceptible to cracking addresses to submit comments on this and leaking of fuel. GE has identified 14 CFR Part 39 AD: the affected temperature control valve [Docket No. 2003–NE–66–AD; Amendment • By mail: The Federal Aviation assemblies by serial number (SN). An 39–13487; AD 2004–04–06] Administration (FAA), New England investigation by GE revealed that the Region, Office of the Regional Counsel, end caps for the temperature control RIN 2120–AA64 Attention: Rules Docket No. 2003–NE– valve assemblies may be susceptible to Airworthiness Directives; General 66–AD, 12 New England Executive Park, intergranular corrosion, which can Burlington, MA 01803–5299. result in cracking. Even though there Electric Company CT58 Series and T58 • Series Turboshaft Engines By fax: (781) 238–7055. have been no reports of these end caps • By e-mail: 9-ane- cracking, the FAA has determined that AGENCY: Federal Aviation [email protected]. this condition represents an unsafe Administration (FAA), DOT. You can get the service information condition. Since the affected engines ACTION: Final rule; request for referenced in this AD from GE Aircraft could accumulate as many as 120 hours comments. Engines Customer Support Center, M/D time-in-service every two weeks, we 285, 1 Neumann Way, Evendale, OH have determined that notice and SUMMARY: The FAA is adopting a new 45215, telephone (513) 552–3272; fax opportunity for prior public comment is airworthiness directive (AD) for certain (513) 552–3329, e-mail impracticable, and that this AD must be General Electric Company (GE) CT58– [email protected]. issued as a final rule; request for 100–2, CT58–140–1, –140–2, and T58– You may examine the AD docket, by comments. This condition, if not GE–1, –3, –5, –8E, –8F, –10, –100, and appointment, at the FAA, New England corrected, could cause an engine fire, –402 turboshaft engines. This AD Region, Office of the Regional Counsel, leading to an in-flight engine shutdown requires the removal from service of 12 New England Executive Park, and forced landing. certain fuel flow divider assemblies. Burlington, MA. You may examine the Relevant Service Information This AD results from a report that a service information, by appointment, at certain population of flow divider end the FAA, New England Region, Office of We have reviewed and approved the caps could crack and cause large the Regional Counsel, 12 New England technical contents of GE Alert Service volumes of fuel leakage. We are issuing Executive Park, Burlington, MA; or at Bulletin (ASB) CT58 S/B 73–A0081,

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Revision 2, dated August 7, 2003, that stamped postcard with the docket Adoption of the Amendment lists the affected SNs of temperature number written on it; we will date- control assemblies, part numbers (P/Ns) stamp your postcard and mail it back to ■ Accordingly, under the authority 5040T77G02 or 5040T87G02. you. We specifically invite comments delegated to me by the Administrator, on the overall regulatory, economic, the Federal Aviation Administration FAA’s Determination and Requirements environmental, and energy aspects of amends part 39 of the Federal Aviation of this AD the rule that might suggest a need to Regulations (14 CFR part 39) as follows: The unsafe condition described modify it. If a person contacts us PART 39—AIRWORTHINESS previously is likely to exist or develop verbally, and that contact relates to a DIRECTIVES on other GE CT58 series turboshaft substantive part of this AD, we will engines of the same type design. We are summarize the contact and place the ■ 1. The authority citation for part 39 issuing this AD to prevent fuel leakage summary in the docket. We will continues to read as follows: from the fuel flow divider assembly, consider all comments received by the which could cause an engine fire, closing date and may amend the AD in Authority: 49 U.S.C. 106(g), 40113, 44701. leading to an in-flight engine shutdown light of those comments. § 39.13 [Amended] and forced landing. This AD requires We are reviewing the writing style we within 120 hours time-in-service: currently use in regulatory documents. ■ 2. The FAA amends § 39.13 by adding • Locating suspect fuel flow divider We are interested in your comments on the following new airworthiness assemblies, P/Ns 4050T82G02 and whether the style of this document is directive: 4067T04G02, and clear, and your suggestions to improve • 2004–04–06 General Electric Company: Locating affected temperature the clarity of our communications with Amendment 39–13487. Docket No. control assemblies, P/N 5040T77G02 you. You can get more information 2003–NE–66–AD. and 5040T87G02, by SN, and • about plain language at http:// Effective Date Removing affected fuel flow divider www.faa.gov/language and http:// (a) This airworthiness directive (AD) assemblies from service. www.plainlanguage.gov. You must use the service information becomes effective March 9, 2004. described previously by this AD to Examining the AD Docket Affected ADs identify the affected temperature control You may examine the AD Docket (b) None. assemblies by SN. (including any comments and service Applicability FAA’s Determination of the Effective information), by appointment, between 8 a.m. and 4:30 p.m., Monday through (c) This AD applies to General Electric Date Company (GE) CT58–100–2, CT58–140–1, Friday, except Federal holidays. See Since an unsafe condition exists that –140–2, and T58–GE–1, –3, –5, –8E, –8F, ADDRESSES for the location. requires the immediate adoption of this –10, –100, and –402 turboshaft engines, with AD, we have found that notice and Regulatory Findings fuel flow divider assemblies part number (P/ opportunity for public comment before N) 4050T82G02 or 4067T04G02, having We have determined that this AD will temperature control assemblies, P/N issuing this AD are impracticable, and not have federalism implications under 5040T77G02 or 5040T87G02, with serial that good cause exists for making this Executive Order 13132. This AD will numbers (SNs) listed in 1.A.(3) of GE Alert amendment effective in less than 30 not have a substantial direct effect on Service Bulletin (ASB) No. CT58 S/B 73– days. the States, on the relationship between A0081, Revision 2, dated August 7, 2003, installed. These engines are installed on, but Changes to 14 CFR Part 39—Effect on the national Government and the States, not limited to, Agusta S.p.A. AS–61N, AS– the AD or on the distribution of power and 61N1, Boeing Vertol 107–II, and Sikorsky S– On July 10, 2002, we issued a new responsibilities among the various 61L, S–61N, S–61R, S–61NM, S–62A version of 14 CFR part 39 (67 FR 47998, levels of government. helicopters, and the following surplus July 22, 2002), which governs our AD For the reasons discussed above, I military helicopters that have been certified system. This regulation now includes certify that the regulation: in accordance with § 21.25 or 21.27 of the Federal Aviation Regulations (14 CFR 21.25 material that relates to special flight 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; or 21.27): CA Department of Forestry UH–1F, permits, alternative methods of Carson S–61L, Firefly UH–1F, Garlick compliance, and altered products. This 2. Is not a ‘‘significant rule’’ under the Helicopters UH–1F, UH–1P, and TH–1F, material previously was included in DOT Regulatory Policies and Procedures Glacier CH–3E, Robinson Air Crane CH–3C, each individual AD. Since this material (44 FR 11034, February 26, 1979); and CH–3E, HH–3C, HH–3E, UH–1F, UH–1P, and is included in 14 CFR part 39, we will 3. Will not have a significant TH–1F, Sikorsky S–61A, S–61D, and S–61V, not include it in future AD actions. economic impact, positive or negative, Tamarack UH–1F, and Siller Helicopters CH– on a substantial number of small entities 3A, and SH–3A helicopters. Comments Invited under the criteria of the Regulatory Unsafe Condition This AD is a final rule that involves Flexibility Act. (d) This AD results from a report that a requirements affecting flight safety and We prepared a summary of the costs certain population of flow divider end caps was not preceded by notice and an to comply with this AD and placed it in could crack and cause large volumes of fuel opportunity for public comment; the AD Docket. You may get a copy of leakage. We are issuing this AD to prevent however, we invite you to submit any this summary by sending a request to us fuel leakage from the fuel flow divider written relevant data, views, or at the address listed under ADDRESSES. assembly, which could cause an engine fire, arguments regarding this AD. Send your Include ‘‘AD Docket No. 2003–NE–66– leading to an in-flight engine shutdown and comments to an address listed under AD’’ in your request. forced landing. ADDRESSES. Include ‘‘AD Docket No. List of Subjects in 14 CFR Part 39 Compliance 2003–NE–66–AD’’ in the subject line of (e) You are responsible for having the your comments. If you want us to Air transportation, Aircraft, Aviation actions required by this AD performed within acknowledge receipt of your mailed safety, Incorporation by reference, 120 hours time-in-service after the effective comments, send us a self-addressed, Safety. date of this AD:

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Required Actions DEPARTMENT OF HEALTH AND the concerns that have been raised with (f) Locate the temperature control HUMAN SERVICES respect to the final rule by ensuring that assembly, which is mounted on the fuel flow an electronic pedigree travels with a divider assembly and do the following: Food and Drug Administration drug product at all times. Therefore, it (1) Read the SN of the temperature control is necessary to delay the effective date assembly. The SN is located on the end cap 21 CFR Part 203 of §§ 203.3(u) and 203.50 (21 CFR of the temperature control assembly. The end [Docket No.1992N–0297] 203.3(u) and 203.50) until December 1, cap has a one-inch hex flange and is threaded 2007 to allow stakeholders time to into the fuel flow divider body. RIN 0905–AC81 continue to move toward this goal. In (2) If the SN is listed in 1.A.(3) of GE ASB addition, the further delay of the No. CT58 S/B 73–A0081, Revision 2, dated Prescription Drug Marketing Act of applicability of § 203.3(q) to wholesale August 7, 2003, or if the SN cannot be 1987; Prescription Drug Amendments distribution of blood derivatives by determined, remove the fuel flow divider of 1992; Policies, Requirements, and health care entities is necessary to give assembly from service. Administrative Procedures; Delay of the agency additional time to consider (g) After the effective date of this AD, do Effective Date whether regulatory changes are not install any fuel flow divider assembly P/ AGENCY: Food and Drug Administration, appropriate and, if so, to initiate such N 4050T82G02 or 4067T04G02, that has a HHS. changes. temperature control assembly with a SN ACTION DATES: The effective date for §§ 203.3(u) listed in 1.A.(3) of GE ASB No. CT58 S/B 73– : Final rule; delay of effective A0081, Revision 2, dated August 7, 2003. date. and 203.50, and the applicability of § 203.3(q) to wholesale distribution of Alternative Methods of Compliance SUMMARY: The Food and Drug blood derivatives by health care entities, (h) The Manager, Engine Certification Administration (FDA) is further added at 64 FR 67720, December 3, Office, has the authority to approve delaying, until December 1, 2006, the 1999, is delayed until December 1, 2006. alternative methods of compliance for this effective date of certain requirements of Submit written or electronic comments AD if requested using the procedures found a final rule published in the Federal by April 23, 2004. in 14 CFR 39.19. Register of December 3, 1999 (64 FR ADDRESSES: Submit written comments 67720). In the Federal Register of May Material Incorporated by Reference to the Division of Dockets Management 3, 2000 (65 FR 25639), the agency (HFA–305), Food and Drug (i) You must use GE ASB No. CT58 S/B 73– delayed until October 1, 2001, the Administration, 5630 Fishers Lane, rm. A0081, Revision 2, dated August 7, 2003 to effective date of certain requirements in 1061, Rockville, MD 20857. All identify by SN the affected temperature the final rule relating to wholesale comments should be identified with the control assemblies. The Director of the distribution of prescription drugs by docket number found in brackets in the Federal Register approved the incorporation distributors that are not authorized heading of this document. Submit by reference of this service bulletin in distributors of record, and distribution electronic comments to http:// accordance with 5 U.S.C. 552(a) and 1 CFR of blood derivatives by entities that www.fda.gov/dockets/ecomments. part 51. You can get a copy from GE Aircraft meet the definition of a ‘‘health care Engines Customer Support Center, M/D 285, entity’’ in the final rule. The agency FOR FURTHER INFORMATION CONTACT: 1 Neumann Way, Evendale, OH 45215, further delayed the effective date of Aileen H. Ciampa, Center for Drug telephone (513) 552–3272; fax (513) 552– these requirements in three subsequent Evaluation and Research (HFD–7), Food 3329, e-mail [email protected]. You may Federal Register notices. Most recently, and Drug Administration, 5600 Fishers review copies at the Federal Aviation in the Federal Register of January 31, Lane, Rockville, MD 20857, 301–594– Administration (FAA), New England Region, 2003 (68 FR 4912), FDA delayed the 2041. Office of the Regional Counsel, 12 New effective date until April 1, 2004. This SUPPLEMENTARY INFORMATION: PDMA England Executive Park, Burlington, MA action further delays the effective date (Public Law 100–293) was enacted on 01803–5299, or at the Office of the Federal of these requirements until December 1, April 22, 1988, and was modified by the Register, 800 North Capitol Street, NW., suite 2006. The final rule implements the PDA (Public Law 102–353, 106 Stat. 700, Washington, DC. Prescription Drug Marketing Act of 1987 941) on August 26, 1992. The PDMA, as Related Information (PDMA), as modified by the Prescription modified by the PDA, amended sections Drug Amendments of 1992 (PDA), and 301, 303, 503, and 801 of the Federal (j) None. the Food and Drug Administration Food, Drug, and Cosmetic Act (the act) Issued in Burlington, Massachusetts, on Modernization Act of 1997 (the (21 U.S.C. 331, 333, 353, 381) to, among February 13, 2004. Modernization Act). The agency is other things, establish requirements for Peter A. White, taking this action to address concerns the wholesale distribution of Acting Manager, Engine and Propeller about the requirements in the final rule prescription drugs and for the Directorate, Aircraft Certification Service. raised by affected parties. distribution of blood derived SUPPLEMENTARY [FR Doc. 04–3680 Filed 2–20–04; 8:45 am] As explained in the prescription drug products by health INFORMATION section, FDA is working care entities. BILLING CODE 4910–13–P with stakeholders through its On December 3, 1999, the agency counterfeit drug initiative to facilitate published final regulations in part 203 widespread, voluntary adoption of track (21 CFR part 203) implementing PDMA and trace technologies that will generate (64 FR 67720) that were to take effect on a de facto electronic pedigree, including December 4, 2000. After publication of prior transaction history back to the the final rule, the agency received original manufacturer, as a routine communications from industry, course of business. If this technology is industry trade associations, and widely adopted, it is expected to help members of Congress objecting to the fulfill the pedigree requirements of the provisions in §§ 203.3(u) and 203.50. PDMA and obviate or resolve many of Respectively, these provisions define

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the phrase ‘‘ongoing relationship’’ as On March 1, 2001, FDA again delayed for all drug products in the supply chain used in the definition of ‘‘authorized the effective dates of the provisions to and indicated that an electronic distributor of record’’ and set forth allow time for the agency to consider pedigree should be considered as a long- requirements regarding an ‘‘identifying the comments and testimony received at term solution to fulfilling the PDMA statement’’ (commonly referred to as a an October 27, 2000, public hearing and requirements codified at § 203.50. ‘‘pedigree’’). to prepare its report to Congress (65 FR In response to these comments, FDA On March 29, 2000, the agency met 56480). The agency’s report, which was is continuing to work closely with with representatives from the wholesale submitted to Congress on June 7, 2001, affected parties to identify and resolve drug industry and industry associations concluded that FDA could address some concerns related to the implementation to discuss their concerns. In addition, of the concerns raised by the secondary of the pedigree requirements of the FDA received a petition requesting that wholesale industry and the blood PDMA. FDA is encouraged by the the relevant provisions of the final rule industry through regulatory changes. enthusiasm and interest that be stayed until October 1, 2001. The However, to make other changes stakeholders in the U.S. drug supply agency also received a petition from the requested by the secondary wholesale chain have expressed toward the Small Business Administration industry, Congress would have to adoption of sophisticated track and requesting that FDA reconsider the final amend section 503(e) of the act. trace technologies. Although there are rule and suspend its effective date based Since submitting its report to technical, operational, and regulatory on the severe economic impact it would Congress, FDA has delayed the effective issues that have yet to be resolved, these have on more than 4,000 small date of the provisions two more times, are being considered and addressed by businesses. most recently until April 1, 2004. On FDA and stakeholders. Currently, it In addition to the communications both occasions, the effective date was appears that industry will migrate regarding wholesale distribution by delayed in order to give Congress toward and implement electronic track unauthorized distributors, the agency additional time to determine whether and trace capability by 2007. If this received several letters on, and held legislative action was appropriate and to capability is widely adopted, a de facto several meetings to discuss, the give the agency time to consider electronic pedigree will follow the implications of the final regulations for whether regulatory changes were product from the place of manufacture blood centers that distribute blood warranted (67 FR 6645; 68 FR 4912). through the U.S. drug supply chain to derivative products and provide health Today, the agency is further delaying, the final dispenser. If properly care to hospitals and patients. until December 1, 2006, the effective implemented, this electronic pedigree Based on the concerns expressed by date of §§ 203.3(u) and 203.50, and the could meet the statutory requirement in industry, industry associations, and applicability of § 203.3(q) to wholesale 21 U.S.C. 353(e)(1)(A) that ‘‘each person Congress about implementing distribution of blood derivatives by who is engaged in the wholesale §§ 203.3(u) and 203.50 by the December health care entities. The agency’s distribution of a drug*** who is not the 4, 2000, effective date, the agency decision to delay the effective date of manufacturer or authorized distributor delayed the effective date for those §§ 203.3(u) and 203.5 was based, in part, of record of such drug*** provide to the provisions until October 1, 2001 (65 FR on comments received on FDA’s person who receives the drug a 25639). FDA also delayed the Counterfeit Drug Task Force’s Interim statement (in such form and containing applicability of § 203.3(q) to wholesale Report (Docket 03N–0361). such information as the Secretary may distribution of blood derivatives by As part of its Counterfeit Drug require) identifying each prior sale, health care entities until October 1, Initiative, FDA sought comment on the purchase, or trade of such drug 2001, and reopened the administrative most effective ways to achieve the goals (including the date of the transaction record to give interested persons until of PDMA. In particular, given recent or and the names and addresses of all July 3, 2000, to submit written impending advances in technology, the parties to the transaction.)’’ The comments. The rest of the regulations agency requested comment on the permanent electronic pedigree would took effect on December 4, 2000. feasibility of using an electronic address the concerns that have been On May 16, 2000, the House pedigree in lieu of a paper pedigree. expressed by wholesalers, particularly Committee on Appropriations (the Although many comments received by secondary wholesalers, regarding access Committee) stated in its report the Task Force supported the use of to pedigrees because the required accompanying the Agriculture, Rural paper pedigrees for their deterrent value information would travel with the Development, Food and Drug and as a means to verify prior sales product at all times, regardless of Administration, and Related Agencies through due diligence, the majority of whether a party to the transaction is an Appropriations Bill, 2001 (H. Rept. 106– comments confirmed that significant authorized distributor of record. 619), that it supported the ‘‘recent FDA concerns persist regarding the feasibility Until the electronic pedigree is in action to delay the effective date for and limitations of full implementation widespread use, FDA believes that the implementing certain requirements of of the PDMA pedigree requirements. multi-layer strategies and measures the Prescription Drug Marketing Act Some comments suggested a risk-based discussed in the FDA’s Counterfeit Drug until October 1, 2001, and reopen the approach to implementing PDMA, Final Report (Final Report) can help administrative record in order to receive focusing on those drugs that are at high- reduce the likelihood that counterfeit additional comments.’’ The Committee risk of being counterfeited. For example, drugs will be introduced into the U.S. further stated that it ‘‘believes the some comments suggested that drugs at drug distribution system. These agency should thoroughly review the high risk for counterfeiting maintain a measures, combined with potential impact of the proposed full pedigree that documents all sales implementation of Radio Frequency provisions on the secondary wholesale and transactions back to the Identification (RFID) technology, could pharmaceutical industry.’’ The manufacturer. One comment suggested provide effective long-term protections Committee directed the agency to an interim solution of ‘‘one forward, one to help minimize the number of provide a report to the Committee back’’ pedigree for most likely to be counterfeit drug products in the U.S. summarizing the comments and issues counterfeited. The majority of distribution system. As discussed in raised and agency plans to address the comments, however, supported the greater detail in the Final Report, such concerns. eventual use of an electronic pedigree long-term measures include the

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following: Use of authentication environmental, public health and safety, DEPARTMENT OF LABOR technologies in products and packaging and other advantages; distributive and labeling, in particular, for drugs impacts; and equity). The agency Mine Safety and Health Administration most likely to be counterfeited; adoption believes that this action is consistent of secure business practices by with the regulatory philosophy and 30 CFR Part 75 stakeholders; adoption of the revised principles identified in the Executive Self-Contained Self-Rescuers (SCSRs); model rules for wholesale distributor order. This action will ease the burden licensure by States; stronger criminal Updating a Reference for Locating on industry by delaying the effect of SCSRs More Than 25 Feet From a penalties and enforcement at the State §§ 203.3(u) and 203.50, and the and national levels; and education and Miner applicability of § 203.3(q) to wholesale outreach to stakeholders, including distribution of blood derivatives by AGENCY: Mine Safety and Health greater communication through the Administration (MSHA), Labor. counterfeit alert network. health care entities while FDA works ACTION: Although FDA is further delaying the with industry to resolve concerns about Technical amendment. these provisions either with the effective date of §§ 203.3(u) and 205.30, SUMMARY: This technical amendment implementation of technological the agency encourages wholesalers to updates the reference in 30 CFR provide pedigree information that solutions (§§ 203.3(u) and 203.50) or the 75.1714–2(e) (Self-rescue devices; use documents the prior history of the consideration of possible regulatory and location requirements) from 30 CFR product, particularly for most likely to changes (§ 203.3(q)). Thus, this action is 75.1101–23 (Program of instruction; be counterfeited, even when such a not a significant action as defined by the location and use of fire fighting pedigree is not required by the act. The Executive order. equipment; location of escapeways, suggestion from the comments that there To the extent that 5 U.S.C. 553 applies exits and routes of travel; evacuation be a one-forward, one-back pedigree for to this action, it is exempt from notice procedures; fire drills) to 30 CFR high-risk drugs until an electronic and comment because it constitutes a 75.1502 (Mine emergency evacuation pedigree is uniformly adopted may have rule of procedure under 5 U.S.C. and firefighting program of instruction). some merit. However, FDA believes 553(b)(A). Alternatively, the agency’s This action is necessary to amend the legislative changes would be needed outdated reference in § 75.1714–2(e). before it could adopt such a system. implementation of this action without DATES: To summarize, FDA has concluded opportunity for public comment, Effective February 23, 2004. that an electronic pedigree should effective immediately upon publication FOR FURTHER INFORMATION CONTACT: accomplish and surpass the goals of today in the Federal Register, is based Marvin W. Nichols, Jr., Director, Office PDMA and is potentially a more on the good cause exceptions in 5 U.S.C. of Standards, Regulations, and effective solution to tracing the 553(b)(B) and (d)(3). Seeking public Variances, MSHA, 1100 Wilson Blvd., movement of pharmaceuticals than a comment is impracticable, unnecessary, Room 2350, Arlington, Virginia 22209– paper pedigree. As stated previously, it and contrary to the public interest. In 3939, [email protected], (202) appears that industry will migrate addition, given the imminence of the 693–9440 (telephone), or (202) 693– toward and implement electronic track current compliance date, seeking prior 9441 (facsimile). and trace capability by 2007. Therefore, public comment on this delay is SUPPLEMENTARY INFORMATION: to allow stakeholders to continue to contrary to the public interest in the Background move toward this goal, FDA has decided orderly issuance and implementation of On September 9, 2003, we published to delay the effective date of §§ 203.3(u) regulations. Notice and comment and 203.50 until December 1, 2006. the Emergency Evacuations final rule procedures in this instance would create (68 FR 53037 Sept. 9, 2003). Among Before the effective date, FDA intends to uncertainty, confusion, and undue evaluate the progress toward other things, the rule removed financial hardship because, during the implementation of the electronic § 75.1101–23 (Program of instruction; pedigree and its capacity to meet the time that the agency would be location and use of fire fighting intent of PDMA, and determine whether proposing to extend the compliance equipment; location of escapeways, to further delay the effective date of the date for the requirements identified exits and routes of travel; evacuation regulations or take other appropriate below, those companies affected would procedures; fire drills) and replaced it regulatory action. have to be preparing to comply with the with § 75.1502 (Mine emergency FDA is also further delaying the April 1, 2004, compliance date. In evacuation and firefighting program of applicability of § 203.3(q) to wholesale accordance with 21 CFR 10.40(c)(1), instruction). The Emergency distribution of blood derivatives by FDA is also providing an opportunity Evacuations final rule was effective health care entities. This further delay is for comment on whether this delay upon publication in the Federal necessary to give FDA additional time to should be modified or revoked. Register. address concerns about the This action is being taken under In issuing the Emergency Evacuations rule we inadvertently omitted updating requirements raised by affected parties FDA’s authority under 21 CFR 10.35(a). the reference in § 75.1714–2(e). Section and consider whether regulatory The Commissioner of Food and Drugs changes are appropriate and, if so, 75.1714–2(e) references another section finds that this delay of the effective date initiate such changes. of 30 CFR which provides the FDA has examined the impacts of this is in the public interest. mechanism for mine operators to apply delay of effective date under Executive Dated: February 17, 2004. to the District Manager for permission to Order 12866. Executive Order 12866 Jeffrey Shuren, place SCSRs more than 25 feet away directs agencies to assess all costs and Assistant Commissioner for Policy. from a miner. The reference to benefits of available regulatory § 75.1101–23 in § 75.1714–2(e) should [FR Doc. 04–3856 Filed 2–18–04; 4:04 pm] alternatives and, when regulation is have been renumbered to correspond necessary, to select regulatory BILLING CODE 4160–01–S with the change in the numbering in the approaches that maximize net benefits Emergency Evacuations rule. This (including potential economic, technical amendment updates the

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language in § 75.1714–2(e) to refer to the DEPARTMENT OF DEFENSE regulations. Section 1507.3(b) of the renumbered standard. CEQ regulations identifies those Department of the Navy sections of the regulations that must be Discussion of Change addressed in agency procedures. Section 75.1714–2 (Self-rescue 32 CFR Part 775 The final rule revises DON’s implementing regulations that were devices; use and location requirements) RIN 0703–AA51 requires self-rescue devices to be used originally published in 55 FR 33898 on and located as prescribed in paragraphs Policies and Responsibilities for August 20, 1990. Significant changes (b) through (f) of this section. Paragraph Implementation of the National that these amendments bring about include: Revision of and additions to (e) provides the mechanism for a mine Environmental Policy Act Within the the DON list of approved categories of operator to allow placement of self- Department of the Navy actions excluded from further analysis contained self-rescuers (SCSRs) more AGENCY: Department of the Navy, DOD. and documentation under NEPA; than 25 feet away when necessary. The ACTION: Final rule. revised criteria for disallowing the mine operator must apply to the District application of listed categorical Manager of the Coal Mine Safety and SUMMARY: The Department of the Navy exclusions; and assignment of Health district in which the mine is (DON) is revising portions of its internal responsibilities to the Assistant located for permission to place the regulations that establish the Secretary of the Navy (Research, SCSR more than 25 feet away. responsibilities and procedures within Development and Acquisition), the Prior to the promulgation of the the DON for complying with the General Counsel of the Navy, and the Emergency Evacuations rule, the mine National Environmental Policy Act Judge Advocate General of the Navy. operator submitted an application to the (NEPA). This revision clarifies when The DON published the proposed rule District Manager under § 75.1101–23. certain DON actions must be studied to in 64 FR 37069 on July 9, 1999, and The promulgation of the Emergency determine their effect on the human granted a 60-day comment period. DON Evacuations rule removed § 75.1101–23 environment and what types of received comments from one Federal and created § 75.1502 (Mine emergency activities are excluded from the NEPA agency, one state agency, one local evacuation and firefighting program of analysis and documentation government agency, and one private instruction). requirements. party. DON coordinated the proposed This technical amendment updates DATES: Effective February 23, 2004. rule with Council on Environmental wording in § 75.1714–2(e) to correctly ADDRESSES: Interested parties should Quality (CEQ). DON carefully reference the renumbered § 75.1502 request copies of the rule from: Mr. considered the comments received. (Mine emergency evacuation and Thomas Egeland, Office of the Assistant Most comments focused on two general firefighting program of instruction). Secretary of the Navy (Installations and areas: The discussion of policies and Environment), 1000 Navy Pentagon, responsibilities and the revision of DON List of Subjects in 30 CFR Part 75 categorical exclusions. In response to Washington, DC 20350–1000. comments on policies and Coal mines, Underground coal FOR FURTHER INFORMATION CONTACT: Mr. responsibilities: The rule was modified mining, Fire prevention, Mine safety Thomas Egeland, Office of the Assistant to more clearly reflect the relationship and health. Secretary of the Navy (Installations and among internal DON regulations and Environment), 703–614–5913. Dated: February 13, 2004. between the rule and internal SUPPLEMENTARY INFORMATION: The Dave D. Lauriski, Department of Defense directives; the National Environmental Policy Act of phrase ‘‘environmental analysis’’ was Assistant Secretary of Labor for Mine Safety 1969 (NEPA) (42 U.S.C. 4321 et seq.) and Health. substituted for the term ‘‘NEPA establishes national policy and goals for document’’ where appropriate; and ■ Chapter I of title 30, part 75 of the Code protection of the environment. Section definitions and other discussions of Federal Regulations is amended as 102(2) of NEPA contains certain perceived as inconsistent with the follows: procedural requirements directed regulations promulgated by CEQ were toward the attainment of such goals. In deleted. PART 75—[AMENDED] particular, all Federal agencies are The discussion of categorical required to give appropriate exclusions was also modified in ■ 1. The authority citation for part 75 consideration to the environmental response to comments. Based upon a continues to read as follows: effects of their proposed actions in their recommendation from CEQ that routine Authority: 30 U.S.C. 811. decision making and to prepare detailed documentation of categorical exclusions environmental statements on was not necessary, the two-group ■ 2. Section 75.1714–2 is amended by recommendations or reports approach to categorical exclusions revising paragraph (e) introductory text significantly affecting the quality of the contained in the draft rule was to read as follows: human environment. eliminated. As a result, the categorical Executive Order 11991 of May 24, exclusions were placed in a single group § 75.1714–2 Self-rescue devices; use and 1977, directed the Council on and renumbered. The consolidation into location requirements. Environmental Quality (CEQ) to issue a single grouping also reemphasized * * * * * regulations to implement procedural that, even though a proposed action provisions of NEPA. Accordingly, CEQ (e) A mine operator may apply to the generally is covered by a listed issued final NEPA regulations (40 CFR District Manager under § 75.1502 for categorical exclusion, a categorical parts 1500–1508) on November 29, permission to place the SCSR more than exclusion will not be used if the 1978, which are binding on all Federal 25 feet away. proposed action categorical exclusion agencies as of July 30, 1979. These involved any one of several enumerated * * * * * regulations require each Federal agency, conditions. [FR Doc. 04–3771 Filed 2–20–04; 8:45 am] as necessary, to adopt implementing Several categorical exclusions were BILLING CODE 4510–43–P procedures to supplement the CEQ modified to reflect that they were

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intended to apply to routine actions of Regulations for Implementing the (e) Record of Decision (ROD). An the nature described in the particular Procedural Provisions of NEPA, 40 CFR environmental document signed by an exclusion. Categorical exclusion XXVII, 1500–1508, and the Department of appropriate official of the DON. A ROD addressing natural resource Defense Instruction on Environmental sets out a concise summary of the final management actions covered by an Planning and Analysis, DODINST decision and selected measures for Environmental Assessment (EA) or 4715.9, and to assign responsibilities mitigation (if any) of adverse Environmental Impact Statement (EIS) within the Department of the Navy environmental impacts of the alternative on the underlying management plan, (DON) for preparation, review, and chosen from those considered in an EIS. was eliminated as unnecessary. approval of environmental documents (f) Finding of No Significant Impact Categorical exclusion XXXII, addressing prepared under NEPA. (FONSI). A document that sets out the actions similar in type, intensity, and (b) The policies and responsibilities reasons why an action not otherwise setting to other actions for which it had set out in this part apply to the DON, categorically excluded will not have a been determined in an EA or EIS that including the Office of the Secretary of significant impact on the human there were no significant impacts, was the Navy, and Navy and Marine Corps environment, and for which an EIS will revised and is now presented as two commands, operating forces, shore not therefore be prepared. A FONSI will separate and more specific categorical establishments, and reserve include the EA or a summary of it and exclusions. The first of these two components. This part is limited to the shall note any other environmental exclusions applies to routine testing and actions of these elements with documents related to it. A FONSI may evaluation of military equipment on environmental effects in the United be one result of review of an EA. existing military reservations, ranges, States, its territories, and possessions. and operating areas. This exclusion is ■ 4. Section 775.3 is revised to read as ■ 3. Section 775.2 is revised to read as intended to encompass routine follows: follows: categories of tests conducted in areas § 775.3 Policy. designated for or historically used for § 775.2 Definitions. military operations, training, and (a) Action proponent. The (a) It is the DON policy regarding testing. Examples of this categorical commander, commanding officer, or NEPA, consistent with its mission and exclusion are captive-carry tests, civilian director of a unit, activity, or regulations and the environmental laws weapons stores separation tests, and organization who initiates a proposal for and regulations of the United States, to: minor component survivability tests. action, as defined in 40 CFR 1508.23, (1) Initiate the NEPA processes at the The second of these two exclusions and who has command and control earliest possible time to be an effective applies to routine military unit level authority over the action once it is decision making tool in the course of training or minor training exercises authorized. For some actions, the action identifying a proposed action. conducted by two or more units. As proponent will also serve as the with all DON categorical exclusions, (2) Develop and carefully consider a decision-making authority for that reasonable range of alternatives for these two exclusions cannot be used if action. In specific circumstances, the they involve any of the enumerated achieving the purpose(s) of proposed action proponent and decision maker actions. conditions set out in Section 775.6(e). may be identified in Navy Regulations, The Department of the Navy has (3) Assign responsibility for other SECNAV Instructions, operational determined that this regulation is not a preparation of action specific instructions and orders, acquisition significant rule as defined by Executive environmental analysis under NEPA to instructions, and other sources which Order 12866 and is not subject to the the action proponent. The action set out authority and responsibility relevant provisions of the Regulatory proponent should understand the plans, within the DON. Flexibility Act of 1980 (5 U.S.C. 605(b)). analyses, and environmental documents (b) Environmental Impact Statement related to that action. List of Subjects in 32 CFR Part 775 (EIS). An environmental document prepared according to the requirements (b) NEPA is intended to ensure that Environmental impact statements. environmental issues are fully ■ Accordingly, Part 775 of Chapter VI of of Council on Environmental Quality (CEQ) regulations (40 CFR parts 1500– considered and incorporated into the title 32 of the Code of Federal Federal decision making process. Regulations is amended as follows: 1508) for a major action that will have a significant effect on the quality of the Consequently, actions for which the DON has no decision-making authority PART 775—POLICIES AND human environment. and no discretion in implementing the RESPONSIBILITIES FOR (c) Environmental Assessment (EA). A action, such as those carried out under IMPLEMENTATION OF THE NATIONAL concise document prepared according to a non discretionary mandate from ENVIRONMENTAL POLICY ACT the requirements of 40 CFR parts 1500– Congress (e.g., congressional direction WITHIN THE DEPARTMENT OF THE 1508 that briefly provides sufficient to transfer Federal property to a NAVY evidence and analysis for determining whether to prepare an EIS. An EA aids particular entity for a particular purpose ■ 1. The authority for Part 775 continues compliance with NEPA when no EIS is that leaves DON no discretion in how to read as follows: necessary and facilitates preparation of the transfer will be implemented) or as Authority: 5 U.S.C. 301; 42 U.S.C. 4321– an EIS when one is necessary. an operation of law (e.g., reversionary 4361; 40 CFR Parts 1500–1508. (d) Categorical Exclusion (CATEX). A interests in land recorded at the time the published category of actions that do property was obtained and that provide ■ 2. Section 775.1 is revised to read as no discretion in whether to trigger the follows: not individually or cumulatively have a significant impact on the human reversion or how the reversion will be § 775.1 Purpose and scope. environment under normal implemented), require no analysis or documentation under NEPA or its (a) To implement the provisions of the circumstances, and, therefore, do not implementing regulations. National Environmental Policy Act require either an environmental (NEPA), 42 U.S.C. 4321 et seq., the assessment or an environmental impact ■ 5. Section 775.4 is revised to read as Council on Environmental Quality statement. follows:

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§ 775.4 Responsibilities. (I&E) and, when appropriate, ASN also may be used where it otherwise (a) The Assistant Secretary of the (RD&A) for review and comment prior will aid compliance with NEPA. Navy (Installations and Environment) to issuance. * * * * * (ASN (I&E)) shall: (3) Make decisions on environmental (e) A categorical exclusion (CATEX), (1) Act as principal liaison with the assessments as to whether a Finding of as defined and listed in this regulation, Office of the Secretary of Defense, the No Significant Impact is appropriate or may be used to exclude a proposed Council on Environmental Quality, the preparation of an environmental impact action from further analysis. Even Environmental Protection Agency, other statement is required. though a proposed action generally is Federal agencies, Congress, state (4) Ensure that subordinate covered by a listed categorical governments, and the public with commands establish procedures for exclusion, a categorical exclusion will respect to significant NEPA matters. implementing mitigation measures not be used if the proposed action: (2) Direct the preparation of described in NEPA documents. (1) Would adversely affect public appropriate environmental analysis and (5) Provide coordination as required health or safety; documentation and, with respect to (2) Involves effects on the human for the preparation of NEPA documents those matters governed by SECNAV environment that are highly uncertain, for actions initiated by non-DON/DOD Instruction 5000.2 series, advise the involve unique or unknown risks, or entities, state or local agencies and/or Assistant Secretary of the Navy which are scientifically controversial; private individuals for which service (Research Development and (3) Establishes precedents or makes involvement may be reasonably Acquisition) (ASN (RD&A)) concerning decisions in principle for future actions foreseen. environmental issues and the that have the potential for significant appropriate level of environmental (6) Bring environmental planning impacts; analysis and NEPA documentation matters that involve controversial issues (4) Threatens a violation of Federal, needed in any particular circumstance. or which may affect environmental state, or local environmental laws (3) Except for proposed acquisition- planning policies or their applicable to the Department of the related actions addressed in paragraph implementation to the attention of ASN Navy; or (b)(2) of this section, review, sign, and (I&E) and, where appropriate, ASN (5) Involves an action that, as approve for publication, as appropriate, (RD&A) for coordination and determined in coordination with the documents prepared under NEPA. determination. appropriate resource agency, may: (4) Establish and publish a list of (7) Notify ASN (I&E), and when (i) Have an adverse effect on Federally categorical exclusions for the DON. appropriate, ASN (RD&A) of any listed endangered/threatened species or (b) The Assistant Secretary of the proposed EIS, and of any EA that may marine mammals; Navy (Research, Development and involve potentially sensitive public (ii) Have an adverse effect on coral Acquisition (ASN (RD&A)) shall, in interest issues. EIS notification shall reefs or on Federally designated accordance with SECNAV Instruction occur prior to commencing NEPA wilderness areas, wildlife refuges, 5000.2 series: document preparation or receiving any marine sanctuaries, or parklands; (1) Ensure that DON acquisition public or regulatory agency (iii) Adversely affect the size, function programs, research programs, and involvement. EA notification shall be or biological value of wetlands and is procurements comply with NEPA. made as soon as it becomes apparent not covered by a nation-wide or regional (2) Review, sign, and approve for that potentially sensitive public issues permit; publication, as appropriate, are involved. (iv) Have an adverse effect on environmental documents prepared archaeological resources or resources ■ 6. Section 775.6 is amended by under NEPA for proposed acquisition or (including but not limited to ships, revising paragraphs (a), (b), (e) and (f) to research and development related aircraft, vessels and equipment) listed or read as follows: actions. determined eligible for listing on the (c) The General Counsel of the Navy § 775.6 Planning considerations. National Register of Historic Places; or and the Judge Advocate General of the (v) Result in an uncontrolled or Navy shall: (a) An EIS must be prepared for unpermitted release of hazardous (1) Ensure that legal advice for proposed major Federal actions that will substances or require a conformity compliance with environmental have significant impacts on the human determination under standards of the planning requirements is available to all environment. The agency decision in Clean Air Act General Conformity Rule. decision-makers. the case of an EIS is reflected in a ROD. (f) Categorical exclusions. Subject to (2) Advise the Secretary of the Navy, (b) Where a proposed major Federal the criteria in paragraph (e) above, the the Chief of Naval Operations, and the action has the potential for significantly following categories of actions are Commandant of the Marine Corps as to affecting the human environment, but it excluded from further analysis under the legal requirements that must be met, is not clear whether the impacts of that NEPA. The CNO and CMC shall and the conduct and disposition of all particular action will in fact be determine whether a decision to forego legal matters arising in the context of significant, or where the nature of an preparation of an EA or EIS on the basis environmental planning. action precludes use of a categorical of one or more categorical exclusions (d) The Chief of Naval Operations exclusion, an EA may be used to assist must be documented in an (CNO) and the Commandant of the the agency in determining whether to administrative record and the format for Marine Corps (CMC) shall: prepare an EIS. If the agency such record. (1) Implement effective environmental determination in the case of an EA is (1) Routine fiscal and administrative planning throughout their respective that there is no significant impact on the activities, including administration of services. environment, the findings will be contracts; (2) Prepare and issue instructions or reflected in a FONSI. If the EA (2) Routine law and order activities orders to implement environmental determines that the proposed action is performed by military personnel, planning policies of the DON. Forward likely to significantly affect the military police, or other security proposed CNO/CMC environmental environment (even after mitigation), personnel, including physical plant planning instructions or orders to ASN then an EIS will be prepared. An EA protection and security;

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(3) Routine use and operation of are in compliance with existing (26) Transfer of real property from existing facilities, laboratories, and applicable Federal, state, and local laws DON to another military department or equipment; and regulations; to another Federal agency; (4) Administrative studies, surveys, (18) Studies, data, and information (27) Receipt of property from another and data collection; gathering that involve no permanent Federal agency when there is no (5) Issuance or modification of physical change to the environment anticipated or proposed substantial administrative procedures, regulations, (e.g., topographic surveys, wetlands change in land use; directives, manuals, or policy; mapping, surveys for evaluating (28) Minor land acquisitions or (6) Military ceremonies; environmental damage, and engineering disposals where anticipated or proposed (7) Routine procurement of goods and efforts to support environmental land use is similar to existing land use services conducted in accordance with analyses); and zoning, both in type and intensity; applicable procurement regulations, (19) Temporary placement and use of (29) Disposal of excess easement executive orders, and policies; simulated target fields (e.g., inert mines, interests to the underlying fee owner; (8) Routine repair and maintenance of simulated mines, or passive (30) Renewals and minor amendments buildings, facilities, vessels, aircraft, hydrophones) in fresh, estuarine, and of existing real estate grants for use of and equipment associated with existing marine waters for the purpose of non- Government-owned real property where operations and activities (e.g., localized explosive military training exercises or no significant change in land use is pest management activities, minor research, development, test and anticipated; erosion control measures, painting, evaluation; (31) Land withdrawal continuances or refitting); (20) Installation and operation of extensions that merely establish time (9) Training of an administrative or passive scientific measurement devices periods and where there is no classroom nature; (e.g., antennae, tide gauges, weighted significant change in land use; (10) Routine personnel actions; (11) Routine movement of mobile hydrophones, salinity measurement (32) Renewals and/or initial real assets (such as ships and aircraft) for devices, and water quality measurement estate in grants and out grants involving homeport reassignments, for repair/ devices) where use will not result in existing facilities and land wherein use overhaul, or to train/perform as changes in operations tempo and is does not change significantly (e.g., operational groups where no new consistent with applicable regulations; leasing of federally-owned or privately- support facilities are required; (21) Short-term increases in air owned housing or office space, and (12) Routine procurement, operations up to 50 percent of the agricultural out leases); management, storage, handling, typical operation rate, or increases of 50 (33) Grants of license, easement, or installation, and disposal of commercial operations per day, whichever is greater. similar arrangements for the use of items, where the items are used and Frequent use of this CATEX at an existing rights-of-way or incidental handled in accordance with applicable installation requires further analysis to easements complementing the use of regulations (e.g., consumables, determine there are no cumulative existing rights-of-way for use by electronic components, computer impacts; vehicles (not to include significant equipment, pumps); (22) Decommissioning, disposal, or increases in vehicle loading); electrical, (13) Routine recreational/welfare transfer of Navy vessels, aircraft, telephone, and other transmission and activities; vehicles, and equipment when communication lines; water, (14) Alteration of and additions to conducted in accordance with wastewater, storm water, and irrigation existing buildings, facilities, structures, applicable regulations, including those pipelines, pumping stations, and vessels, aircraft, and equipment to regulations applying to removal of facilities; and for similar utility and conform or provide conforming use hazardous materials; transportation uses; specifically required by new or existing (23) Non-routine repair and (34) New construction that is similar applicable legislation or regulations renovation, and donation or other to existing land use and, when (e.g., hush houses for aircraft engines, transfer of structures, vessels, aircraft, completed, the use or operation of scrubbers for air emissions, vehicles, landscapes or other which complies with existing regulatory improvements to storm water and contributing elements of facilities listed requirements (e.g., a building within a sanitary and industrial wastewater or eligible for listing on the National cantonment area with associated collection and treatment systems, and Register of Historic Places which will discharges/runoff within existing installation of fire fighting equipment); result in no adverse effect; handling capacities); (15) The modification of existing (24) Hosting or participating in public (35) Demolition, disposal, or systems or equipment when the events (e.g., air shows, open houses, improvements involving buildings or environmental effects will remain Earth Day events, and athletic events) structures when done in accordance substantially the same and the use is where no permanent changes to existing with applicable regulations including consistent with applicable regulations; infrastructure (e.g., road systems, those regulations applying to removal of (16) Routine movement, handling and parking and sanitation systems) are asbestos, PCBs, and other hazardous distribution of materials, including required to accommodate all aspects of materials; hazardous materials/wastes that are the event; (36) Acquisition, installation, and moved, handled, or distributed in (25) Military training conducted on or operation of utility (e.g., water, sewer, accordance with applicable regulations; over nonmilitary land or water areas, electrical) and communication systems (17) New activities conducted at where such training is consistent with (e.g., data processing cable and similar established laboratories and plants the type and tempo of existing non- electronic equipment) which use (including contractor-operated military airspace, land, and water use existing rights of way, easements, laboratories and plants) where all (e.g., night compass training, forced distribution systems, and/or facilities; airborne emissions, waterborne effluent, marches along trails, roads and (37) Decisions to close facilities, external ionizing and non-ionizing highways, use of permanently decommission equipment, and/or radiation levels, outdoor noise, and established ranges, use of public temporarily discontinue use of facilities solid and bulk waste disposal practices waterways, or use of civilian airfields); or equipment, where the facility or

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equipment is not used to prevent/ instruction for review, approval and/or Identification Section, Emergency control environmental impacts); signature of EISs and RODs to Preparedness and Response Directorate, (38) Maintenance dredging and debris appropriate Executive Schedule/Senior Federal Emergency Management disposal where no new depths are Executive Service civilians or flag/ Agency, 500 C Street, SW., Washington, required, applicable permits are general officers. ASN (I&E), CNO, and DC 20472, (202) 646–2903. secured, and disposal will be at an CMC may delegate all other SUPPLEMENTARY INFORMATION: The approved disposal site; responsibilities assigned in this Federal Emergency Management Agency (39) Relocation of personnel into instruction as deemed appropriate. makes the final determinations listed existing Federally-owned or (b) The ASN (RD&A) delegation of below of BFEs and modified BFEs for commercially leased space that does not authority for approval and signature of each community listed. These modified involve a substantial change affecting documents under NEPA is contained in elevations have been published in the supporting infrastructure (e.g., no SECNAV Instruction 5000.2 series, newspapers of local circulation and increase in vehicular traffic beyond the which sets out policies and procedures ninety (90) days have elapsed since that capacity of the supporting road network for acquisition programs. publication. The Mitigation Division (c) Previously authorized delegations to accommodate such an increase); Director of the Emergency Preparedness of authority are continued until revised (40) Pre-lease upland exploration and Response Directorate has resolved or withdrawn. activities for oil, gas or geothermal any appeals resulting from this reserves, (e.g., geophysical surveys); Dated: February 13, 2004. notification. (41) Installation of devices to protect S.A. Hughes, This final rule is issued in accordance human or animal life (e.g., raptor Lieutenant Commander, Judge Advocate with section 110 of the Flood Disaster electrocution prevention devices, General’s Corps, U.S. Navy, Federal Register Protection Act of 1973, 42 U.S.C. 4105, fencing to restrict wildlife movement Liaison Officer. and 44 CFR part 67. onto airfields, and fencing and grating to [FR Doc. 04–3590 Filed 2–20–04; 8:45 am] The Federal Emergency Management prevent accidental entry to hazardous BILLING CODE 3810–FF–P Agency has developed criteria for areas); (42) Reintroduction of endemic or floodplain management in floodprone native species (other than endangered or areas in accordance with 44 CFR part DEPARTMENT OF HOMELAND threatened species) into their historic 60. SECURITY habitat when no substantial site Interested lessees and owners of real preparation is involved; property are encouraged to review the Federal Emergency Management proof Flood Insurance Study and FIRM (43) Temporary closure of public Agency access to DON property in order to available at the address cited below for each community. protect human or animal life; 44 CFR Part 67 (44) Routine testing and evaluation of The BFEs and modified BFEs are military equipment on a military Final Flood Elevation Determinations made final in the communities listed reservation or an established range, below. Elevations at selected locations restricted area, or operating area; similar AGENCY: Federal Emergency in each community are shown. in type, intensity and setting, including Management Agency, Emergency National Environmental Policy Act. physical location and time of year, to Preparedness and Response Directorate, This rule is categorically excluded from other actions for which it has been Department of Homeland Security. the requirements of 44 CFR part 10, determined, through NEPA analysis ACTION: Final rule. Environmental Consideration. No where the DON was a lead or environmental impact assessment has SUMMARY: Base (1% annual-chance) cooperating agency, that there are no been prepared. Flood Elevations and modified Base significant impacts; and conducted in Regulatory Flexibility Act. The Flood Elevations (BFEs) are made final accordance with all applicable standard Mitigation Division Director of the for the communities listed below. The operating procedures protective of the Emergency Preparedness and Response BFEs and modified BFEs are the basis Directorate certifies that this rule is environment; for the floodplain management (45) Routine military training exempt from the requirements of the measures that each community is associated with transits, maneuvering, Regulatory Flexibility Act because required either to adopt or to show safety and engineering drills, modified base flood elevations are evidence of being already in effect in replenishments, flight operations, and required by the Flood Disaster order to qualify or remain qualified for weapons systems conducted at the unit Protection Act of 1973, 42 U.S.C. 4105, participation in the National Flood or minor exercise level; similar in type, and are required to establish and Insurance Program (NFIP). intensity and setting, including physical maintain community eligibility in the location and time of year, to other EFFECTIVE DATE: The date of issuance of NFIP. No regulatory flexibility analysis actions for which it has been the Flood Insurance Rate Map (FIRM) has been prepared. determined, through NEPA analysis showing BFEs and modified BFEs for Regulatory Classification. This final where the DON was a lead or each community. This date may be rule is not a significant regulatory action cooperating agency, that there are no obtained by contacting the office where under the criteria of section 3(f) of significant impacts; and conducted in the FIRM is available for inspection as Executive Order 12866 of September 30, accordance with all applicable standard indicated in the table below. 1993, Regulatory Planning and Review, operating procedures protective of the ADDRESSES: The final base flood 58 FR 51735. environment. elevations for each community are Executive Order 12612, Federalism. ■ 7. Section 775.12 is revised to read as available for inspection at the office of This rule involves no policies that have follows: the Chief Executive Officer of each federalism implications under Executive community. The respective addresses Order 12612, Federalism, dated October § 775.12 Delegation of authority. are listed in the table below. 26, 1987. (a) The ASN (I&E) may delegate his/ FOR FURTHER INFORMATION CONTACT: Executive Order 12778, Civil Justice her responsibilities under this Doug Bellomo, P.E., Hazard Reform. This rule meets the applicable

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standards of Section 2(b)(2) of Executive ■ Accordingly, 44 CFR Part 67 is 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Order 12778. amended to read as follows: 3 CFR, 1979 Comp., p. 376. List of Subjects in 44 CFR Part 67 PART 67—[AMENDED] § 67.11 [Amended] Administrative practice and ■ 1. The authority citation for Part 67 ■ 2. The tables published under the procedure, Flood insurance, Reporting continues to read as follows: authority of § 67.11 are amended as and record keeping requirements. Authority: 42 U.S.C. 4001 et seq.; follows: Reorganization Plan No. 3 of 1978, 3 CFR,

#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Modified ♦ Elevation in feet (NAVD) Modified

MI ...... Vassar (City) Tuscola County Cass River ...... *639 (FEMA Docket No. P7639).

Maps are available for inspection at City Hall, 287 East Huron Avenue, Vassar, Michigan.

MO ...... Albany (City) Gentry County East Fork Grand River ...... *848 (FEMA Docket No. P7633).

Maps are available for inspection at City Hall, 106 East Clay Street, Albany, Missouri.

(Catalog of Federal Domestic Assistance No. the FIRM is available for inspection as The BFEs and modified BFEs are 83.100, ‘‘Flood Insurance.’’) indicated in the table below. made final in the communities listed Dated: February 11, 2004. ADDRESSES: The final base flood below. Elevations at selected locations Anthony S. Lowe, elevations for each community are in each community are shown. Mitigation Division Director, Emergency available for inspection at the office of National Environmental Policy Act. Preparedness and Response Directorate. the Chief Executive Officer of each This rule is categorically excluded from [FR Doc. 04–3814 Filed 2–20–04; 8:45 am] community. The respective addresses the requirements of 44 CFR Part 10, BILLING CODE 6718–04–P are listed in the table below. Environmental Consideration. No FOR FURTHER INFORMATION CONTACT: environmental impact assessment has Doug Bellomo, P.E., Hazard been prepared. DEPARTMENT OF HOMELAND Identification Section, Emergency SECURITY Preparedness and Response Directorate, Regulatory Flexibility Act. The Federal Emergency Management Mitigation Division Director of the Federal Emergency Management Agency, 500 C Street, SW., Washington, Emergency Preparedness and Response Agency DC 20472, (202) 646–2903. Directorate certifies that this rule is SUPPLEMENTARY INFORMATION: The exempt from the requirements of the 44 CFR Part 67 Federal Emergency Management Agency Regulatory Flexibility Act because Final Flood Elevation Determinations makes the final determinations listed modified base flood elevations are below of BFEs and modified BFEs for required by the Flood Disaster AGENCY: Federal Emergency each community listed. These modified Protection Act of 1973, 42 U.S.C. 4105, Management Agency, Emergency elevations have been published in and are required to establish and Preparedness and Response Directorate, newspapers of local circulation and maintain community eligibility in the Department of Homeland Security. ninety (90) days have elapsed since that NFIP. No regulatory flexibility analysis ACTION: Final rule. publication. The Mitigation Division has been prepared. Director of the Emergency Preparedness Regulatory Classification. This final SUMMARY: Base (1% annual-chance) and Response Directorate has resolved Flood Elevations and modified Base any appeals resulting from this rule is not a significant regulatory action Flood Elevations (BFEs) are made final notification. under the criteria of Section 3(f) of for the communities listed below. The This final rule is issued in accordance Executive Order 12866 of September 30, BFEs and modified BFEs are the basis with Section 110 of the Flood Disaster 1993, Regulatory Planning and Review, for the floodplain management Protection Act of 1973, 42 U.S.C. 4105, 58 FR 51735. measures that each community is and 44 CFR Part 67. Executive Order 12612, Federalism. required either to adopt or to show The Federal Emergency Management This rule involves no policies that have evidence of being already in effect in Agency has developed criteria for federalism implications under Executive order to qualify or remain qualified for floodplain management in floodprone Order 12612, Federalism, dated October participation in the National Flood areas in accordance with 44 CFR Part 26, 1987. Insurance Program (NFIP). 60. EFFECTIVE DATE: The date of issuance of Interested lessees and owners of real Executive Order 12778, Civil Justice the Flood Insurance Rate Map (FIRM) property are encouraged to review the Reform. This rule meets the applicable showing BFEs and modified BFEs for proof Flood Insurance Study and FIRM standards of Section 2(b)(2) of Executive each community. This date may be available at the address cited below for Order 12778. obtained by contacting the office where each community.

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List of Subjects in 44 CFR Part 67 PART 67—[AMENDED] 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. Administrative practice and ■ 1. The authority citation for part 67 procedure, Flood insurance, Reporting § 67.11 [Amended] continues to read as follows: and recordkeeping requirements. ■ 2. The tables published under the ■ Accordingly, 44 CFR part 67 is Authority: 42 U.S.C. 4001 et seq.; authority of § 67.11 are amended as amended to read as follows: Reorganization Plan No. 3 of 1978, 3 CFR, follows:

*Elevation in Source of flooding and location of referenced elevation feet (NGVD) Communities affected Modified

Solomon River Tributary: At Union Pacific Railroad ...... *1,172 FEMA Docket No. P7635 Dickinson County, KS (Unincor- porated Areas) City of Solomon, KS Approximately 4,200 feet upstream of 7th Street ...... *1,189

ADDRESSES Dickinson County, Kansas Maps are available for inspection at 109 East First Street, Suite 202, Abilene, Kansas. City of Solomon, Kansas Maps are available for inspection at 116 West Main Street, Solomon, Kansas.

Boggy Bayou: At confluence with Cypress Bayou ...... *160 FEMA Docket No. P7635 Caddo Parish, LA (Unincorporated Areas) Approximately 3,100 feet downstream of the Southern Pa- *160 cific Railroad Bridge. Brush Bayou: At confluence with Boggy Bayou ...... *160 Approximately 4,600 feet upstream of confluence with *160 Boggy Bayou. Buchanan Bayou: At confluence with Boggy Bayou ...... *160 Approximately 5,400 feet upstream of the confluence with *160 Boggy Bayou. Caddo Lake: At Caddo Lake Dam...... *181 Caddo Parish, LA (Unincorporated Areas) Town of Mooringsport, LA Town of Oil City, LA Cypress Bayou: At Wallace Lake Dam ...... *160 Caddo Parish, LA (Unincorporated Areas) City of Shreveport, LA Approximately 300 feet upstream of U.S. Highway 171 *178 Bridge. Wallace Lake: At Wallace Lake Dam ...... *160 Caddo Parish, LA (Unincorporated Areas) City of Shreveport, LA

ADDRESSES Caddo Parish, Louisiana Maps are available for inspection at 505 Travis Street, 8th Floor, Shreveport, Louisiana. City of Shreveport, Louisiana Maps are available for inspection at 505 Travis Street, 3rd Floor, Shreveport, Louisiana. Town of Mooringsport, Louisiana Maps are available for inspection at City Hall, 122 West Croom Street, Mooringsport, Louisiana. Town of Oil City, Louisiana Maps are available for inspection at 202 Allen Street, Oil City, Louisiana.

Dated: February 11, 2004. LEGAL SERVICES CORPORATION levels for individuals eligible for legal (Catalog of Federal Domestic Assistance No. assistance. This document updates the 83.100, ‘‘Flood Insurance’’) 45 CFR Part 1611 specified income levels to reflect the annual amendments to the Federal Anthony S. Lowe, Income Level for Individuals Eligible Poverty Guidelines as issued by the Mitigation Division Director, Emergency for Assistance Department of Health and Human Preparedness and Response Directorate. Services. [FR Doc. 04–3815 Filed 2–20–04; 8:45 am] AGENCY: Legal Services Corporation. EFFECTIVE DATE: BILLING CODE 6718–04–P ACTION: Final rule. This rule is effective as of February 23, 2004. SUMMARY: The Legal Services FOR FURTHER INFORMATION CONTACT: Corporation (‘‘Corporation’’) is required Mattie C. Condray, Senior Assistant by law to establish maximum income General Counsel, Legal Services

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Corporation, 3333 K St., NW., iii For family units with more than eight mem- List of Subjects in 47 CFR Part 73 Washington, DC, 20007; (202) 295–1624; bers, add $4,575 for each additional member in a family. Radio, Radio broadcasting. [email protected]. ■ Part 73 of Title 47 of the Code of SUPPLEMENTARY INFORMATION: Section Victor M. Fortuno, Federal Regulations is amended as 1007(a)(2) of the Legal Services Vice President for Legal Affairs, General follows: Corporation Act (‘‘Act’’), 42 U.S.C. Counsel and Corporate Secretary. 2996f(a)(2), requires the Corporation to [FR Doc. 04–3783 Filed 2–20–04; 8:45 am] PART 73—RADIO BROADCAST establish maximum income levels for BILLING CODE 7050–01–P SERVICES individuals eligible for legal assistance, ■ and the Act provides that other 1. The authority citation for Part 73 specified factors shall be taken into FEDERAL COMMUNICATIONS reads as follows: account along with income. COMMISSION Authority: 47 U.S.C. 154, 303, 334 and 336. Section 1611.3(b) of the Corporation’s § 73.202 [Amended] regulations establishes a maximum 47 CFR Part 73 ■ income level equivalent to one hundred [DA 04–137; MB Docket No. 03–8; RM– 2. Section 73.202(b), the Table of FM and twenty-five percent (125%) of the 10625] Allotments under South Carolina, is Federal Poverty Guidelines. Since 1982, amended by adding Irmo, Channel the Department of Health and Human Radio Broadcasting Services; Irmo and 221C3, and removing Saluda, Channel Services has been responsible for Saluda, South Carolina 221A. updating and issuing the Poverty AGENCY: Federal Communications Federal Communications Commission. Guidelines. The revised figures for 2004 Commission. John A. Karousos, set out below are equivalent to 125% of ACTION: Final rule. Assistant Chief, Audio Division, Media the current Poverty Guidelines as Bureau. published on February 13, 2004 (69 FR SUMMARY: In response to a Notice of [FR Doc. 04–3822 Filed 2–20–04; 8:45 am] 7336). Proposed Rule Making, 68 FR 5862 BILLING CODE 6712–01–P List of Subjects in 45 CFR Part 1611 (February 5, 2003), this Report and Order grants the requests of Grant programs—law, legal services. Breckinridge Communications, LLC DEPARTMENT OF DEFENSE ■ For reasons set forth above, 45 CFR (‘‘Breckinridge’’), licensee of Station part 1611 is amended as follows: WJES–FM, to upgrade its station from 48 CFR Part 225 Channel 221A to Channel 221C3 and to PART 1611—ELIGIBILITY reallot Channel 221C3 from Saluda to [DFARS Case 2003–D089] Irmo, South Carolina, thus providing Defense Federal Acquisition ■ 1. The authority citation for part 1611 Irmo with its first local aural continues to read as follows: Regulation Supplement; Memorandum transmission service. This document of Understanding—Sweden Authority: Secs. 1006(b)(1), 1007(a)(1) also denies comments filed by Glory Legal Services Corporation Act of 1974, 42 Communications, Inc., licensee of AGENCY: Department of Defense (DoD). U.S.C. 2996e(b)(1), 2996f(a)(1), 2996f(a)(2). Station WFMV(FM), South Congaree, ACTION: Final rule. ■ 2. Appendix A of part 1611 is revised South Carolina, which opposed to read as follows: Breckinridge’s foregoing requests. The SUMMARY: DoD has issued a final rule coordinates for Channel 221C3 at Irmo amending the Defense Federal Appendix A of Part 1611 are 34–09–00 North Latitude and 81– Acquisition Regulation Supplement 13–00 West Longitude, with a site (DFARS) to reflect a determination of LEGAL SERVICES CORPORATION 2004 restriction of 7.8 kilometers (4.9 miles) the Deputy Secretary of Defense that it * POVERTY GUIDELINES northwest of Irmo, South Carolina. is inconsistent with the public interest DATES: Effective March 15, 2004. to apply the restrictions of the Buy 48 contig- American Act to the acquisition of uous FOR FURTHER INFORMATION CONTACT: R. Size of states Barthen Gorman, Media Bureau, (202) defense equipment produced or family Alaska ii Hawaii iii manufactured in Sweden. unit and the 418–2180. District of EFFECTIVE DATE: February 23, 2004. Columbiai SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report FOR FURTHER INFORMATION CONTACT: Ms. 1 ...... $11,638 $14,538 $13,375 and Order in MB Docket No. 03–8, Amy Williams, Defense Acquisition 2 ...... 15,613 19,513 17,950 adopted January 28, 2004, and released Regulations Council, 3 ...... 19,588 24,488 22,525 January 30, 2004. The full text of this OUSD(AT&L)DPAP(DAR), IMD 3C132, 4 ...... 23,563 29,463 27,100 Commission decision is available for 3062 Defense Pentagon, Washington, DC 5 ...... 27,538 34,438 31,675 inspection and copying during normal 20301–3062. Telephone (703) 602–0328; 6 ...... 31,513 39,413 36,250 facsimile (703) 602–0350. Please cite 7 ...... 35,488 44,388 40,825 business hours in the FCC’s Reference 8 ...... 39,463 49,363 45,400 Information Center at Portals II, CY– DFARS Case 2003–D089. A257, 445 12th Street, SW., SUPPLEMENTARY INFORMATION: * The figures in this table represent 125% of Washington, DC. This document may the poverty guidelines by family size as deter- A. Background mined by the Department of Health and also be purchased from the Human Services. Commission’s duplicating contractors, A memorandum of understanding i For family units with more than eight mem- Qualex International, Portals II, 445 between the Government of Sweden and bers, add $3,975 for each additional member 12th Street, SW.rrr, Room CY–B402, the Government of the United States in a family. ii For family units with more than eight mem- Washington, DC, 20554, telephone 202– provides for both governments to bers, add $4,976 for each additional member 863–2893, facsimile 202–863–2898, or remove barriers to procurement of in a family. via e-mail [email protected]. defense equipment produced in the

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other country, and to accord to ■ b. In paragraph (b) by removing Boulevard, Room 3–122, Honolulu, HI industries in the other country ‘‘Sweden’’ from the list of countries. 96850. treatment no less favorable in relation to [FR Doc. 04–3698 Filed 2–20–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: Fred procurement than is accorded to BILLING CODE 5001–08–P Amidon, Fish and Wildlife Biologist, industries of its own country. Therefore, Pacific Islands Fish and Wildlife Office, DoD has determined that it is at the above address (telephone: 808/ inconsistent with the public interest to 792–9400; facsimile: 808/792–9580). apply the restrictions of the Buy DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: American Act to the acquisition of Fish and Wildlife Service defense equipment produced or Background manufactured in Sweden. This final rule 50 CFR Part 17 The Mariana mallard was endemic to amends DFARS 225.872–1 to add the Mariana Archipelago and Sweden to the list of countries for RIN 1018–AH50 documented to occur on the islands of which DoD has made such public Guam, Tinian, and Saipan. There was interest determinations, and to remove Endangered and Threatened Wildlife some speculation that Mariana mallards Sweden from the list of countries for and Plants; Removing the Mariana were once found on the islands of Rota which exemption from the Buy Mallard and the Guam Broadbill From and Pagan (Baker 1948; Steadman 1992; American Act is permitted only on a the Federal List of Endangered and Reichel and Lemke 1994). purchase-by-purchase basis. Threatened Wildlife The Mariana mallard is believed to This rule was not subject to Office of have been a subspecies that originated AGENCY: Management and Budget review under Fish and Wildlife Service, as a hybrid between the common Executive Order 12866, dated Interior. mallard (Anas platyrhynchos) and the September 30, 1993. ACTION: Final rule. grey duck (Anas superciliosa) (Reichel and Lemke 1994). The majority of males B. Regulatory Flexibility Act SUMMARY: Under the authority of the and all female Mariana mallards Endangered Species Act of 1973 (Act), resembled the grey duck except their This rule will not have a significant as amended, we, the U.S. Fish and legs were orange, their bill was olive, effect beyond the internal operating Wildlife Service (Service), remove the and they lacked the grey duck’s procedures of DoD or a significant cost Mariana mallard (Anas platyrhynchos prominent brown streak below the eye or administrative impact on contractors oustaleti) and Guam broadbill (Myiagra (Yamashina 1948). The remaining males or offerors. Therefore, publication for freycineti) from the Federal List of resembled male common mallards, public comment is not required. Endangered and Threatened Wildlife. having green heads and purple-blue However, DoD will consider comments All available information indicates that speculums (Yamashina 1948). from small entities concerning the these species are extinct. The Mariana affected DFARS subpart in accordance Mariana mallards were recorded in mallard was endemic to the Mariana freshwater marshes, lakes, and rivers, with 5 U.S.C. 610. Such comments Archipelago and documented to have should cite DFARS Case 2003–D089. and were also observed in mangrove occurred on the islands of Guam, lagoons (Stott 1947; Marshall 1949; C. Paperwork Reduction Act Tinian, and Saipan. We listed the Kibler 1950). Little was known about Mariana mallard as endangered on June their foraging habitat but they were The Paperwork Reduction Act does 2, 1977 (42 FR 28136), because its observed foraging on green vegetation not apply because the rule does not population was critically low due to and seeds (Marshall 1949). Mariana impose any information collection excessive hunting and loss of wetland mallards apparently bred from March to requirements that require the approval habitat. No confirmed sightings of the August (Kuroda 1941, cited in Reichel of the Office of Management and Budget Mariana mallard have been made since and Lemke 1994; Kuroda 1942, cited in under 44 U.S.C. 3501, et seq. 1979. The Guam broadbill was endemic Reichel and Lemke 1994; Marshall to the island of Guam. We listed the List of Subjects in 48 CFR Part 225 1949), and were believed to have laid 1 Guam broadbill as endangered on clutch of 7 to 12 eggs per year (Kuroda Government procurement. August 27, 1984 (49 FR 33881), because 1942, cited in Reichel and Lemke 1994). of its critically low population. No Michele P. Peterson, No population estimate was ever confirmed sightings of the Guam recorded for the Mariana mallard prior Executive Editor, Defense Acquisition broadbill have been made since 1984. Regulations Council. to its decline. However, it was believed This final rule removes the Federal that they were never abundant due to ■ Therefore, 48 CFR Part 225 is amended protection provided by the Act for the the limited habitat availability of as follows: Guam broadbill and Mariana mallard freshwater marshes and lakes in the but does not alter or supersede their Mariana Archipelago (Baker 1951). The ■ 1. The authority citation for 48 CFR designation by the government of Guam Part 225 continues to read as follows: largest number of Mariana mallards ever as endangered species. The Mariana recorded was of 2 flocks of 50 to 60 Authority: 41 U.S.C. 421 and 48 CFR mallard is not a species protected by the Mariana mallards at Lake Hagoi, Tinian, Chapter 1. Commonwealth of the Northern Mariana in 1936 (Kuroda 1942, cited in Reichel Islands Government (CNMI). PART 225—FOREIGN ACQUISITION and Lemke 1994). However, by the DATES: This rule is effective February 1940s, most observations of Mariana 225.872–1 [Amended] 23, 2004. mallards on Tinian, Saipan, and Guam ADDRESSES: The administrative record were of 12 or fewer birds (Stott 1947; ■ 2. Section 225.872–1 is amended as file for this rule is available for Marshall 1949; Kibler 1950). The last follows: inspection, by appointment, during Mariana mallards observed on Guam ■ a. In paragraph (a) by adding, in normal business hours at the U.S. Fish and Tinian were observed in 1967 and alphabetical order, ‘‘Sweden’’ to the list and Wildlife Service, Pacific Islands 1974, respectively (Drahos 1977; of countries; and Fish and Wildlife Office, 300 Ala Moana Tenorio and Associates 1979). On

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Saipan, the last wild Mariana mallards congeners (same genus) in Palau (M. Previous Federal Action were observed in 1979 by our biologist erythrops), Chuuk (M. oceanica), and Federal action on the Mariana mallard Eugene Kridler (1979). At that time, Mr. Pohnpei (M. pluto). The Guam broadbill began on May 22, 1975, when the Fund Kridler also captured a pair of Mariana weighed approximately 0.4 ounces (12 for Animals, Inc., petitioned us to list mallards for captive propagation at grams) and had a bluish head, neck, 216 taxa of plants and animals as Pohakuloa, HI, which were then sent to back, wings, and tail, and a white throat endangered species pursuant to the Act Sea World, San Diego, CA. All attempts and light cinnamon breast (Baker 1951). (16 U.S.C. 1531 et seq.). These species at propagation failed and the last known Similar to other monarch flycatchers, appeared in Appendix I of the Mariana mallard died there in 1981 the Guam broadbill was insectivorous Convention on International Trade in (Engbring and Pratt 1985). Since 1979, and fed both by gleaning prey from Endangered Species of Wild Fauna and surveys of all the known wetlands on twigs and foliage and by taking insects Flora (CITES), but did not appear on the Guam, Rota, Saipan, and Tinian have from the air (Jenkins 1983). This species U.S. List of Endangered and Threatened produced no observations of Mariana nested year-round, and nests usually Wildlife and Plants. We published in mallards (Tenorio and Associates 1979; were placed in a fork of branches in the Federal Register a proposed rule to Stinson et al. 1991, 1997; Reichel et al. understory trees or shrubs (Jenkins list 216 species as endangered, 1992; Reichel and Lemke 1994; Service 1983). Both sexes incubated eggs and including the Mariana mallard, on unpublished report, 2003). brooded young (Jenkins 1983). The Mariana mallard’s range Guam broadbills were once found in September 26, 1975 (40 FR 44329). In a reduction and eventual extinction have all forested habitats on Guam as well as final rule, published on June 14, 1976 been attributed to habitat loss and in mangrove swamps (Stophlet 1946; (41 FR 24062), we determined 159 of the hunting, especially during and Kibler 1950; Baker 1951; Jenkins 1983). 216 taxa were endangered species. immediately after World War II (WWII) However, by 1979 the Guam broadbill However, the Mariana mallard was not (Baker 1948; Reichel and Lemke 1994). was restricted primarily to mature included in this rule because the Evolving without predators, the mallard limestone forests of the relatively Governors of Guam and the was not wary of humans, and so was undisturbed northern cliff-line of Guam Commonwealth of the Northern Mariana easily caught (Kuroda 1942, cited in (Jenkins 1983). A 1981 survey estimated Islands inadvertently were not notified Reichel and Lemke 1994; Stott 1947). a total population of 460 Guam of the proposal as required by the Act. Kuroda (1942, cited in Reichel and broadbills in Guam, with birds These Governors were later notified and Lemke 1994) reported that there was a occurring at low densities, and allowed 90 days for comment. A final hunting season on Saipan from July encountered regularly only in extreme rule listing the Mariana mallard as through December, but no hunting was northwestern Guam (Engbring and endangered was published on June 2, allowed on Tinian. However, it is Ramsey 1984). In 1983, the population 1977 (42 FR 28136), without critical unknown if these regulations were was primarily restricted to the Pajon habitat. On January 25, 2002 (67 FR enforced. After WWII, islanders were Basin, a small area on the north coast, 3675), we published a proposed rule in allowed to own firearms and hunting of and was estimated at less than 100 the Federal Register to delist the the birds persisted (Drahos 1977). individuals (Aguon 1983). That same Mariana mallard due to extinction. Draining and fragmentation of year, a male Guam broadbill was Federal action on the Guam broadbill wetlands greatly reduced the quantity collected for captive propagation (Beck began on February 27, 1979, when the and quality of habitat available for the 1983). This captive breeding attempt Acting Governor of Guam petitioned us Mariana mallard on Guam, Tinian, and failed because no other individuals to list the Guam broadbill and five other Saipan (Stinson et al. 1991; Reichel et could be located and the captive male forest bird species as endangered. We al. 1992; Reichel and Lemke 1994). died of unknown causes in February issued a notice of review for 12 During the Japanese occupation of 1984 (Beck 1984). The last sightings of petitioned animals, including the Guam Saipan and Tinian between 1914 and this species took place in 1984, one in broadbill, on May 18, 1979 (44 FR 1945, most wetlands were channelized March in the Northwest Field on 29128). In our December 30, 1982 (47 and converted to rice paddies. Also Andersen Air Force Base, and one in FR 58454), Review of Vertebrate during this time, sugar mill wastes were August adjacent to the Navy golf course Wildlife, the Guam broadbill was discharged into Lake Susupe on Saipan, in Barrigada (52 FR 2239). Since 1984, considered a category 1 candidate for the last known location of the Mariana annual spring bird surveys and other Federal listing. Category 1 species were mallard in the wild. Since 1945, many ornithological activities in areas where those for which we had substantial wetlands have been drained or filled in this species would likely occur have information on biological vulnerability as a result of urban development on yielded no observations (Wiles et al. and threats to support preparation of a Guam, Tinian, and Saipan (Stinson et al. 1995; Service unpublished report 2003). listing proposal, but for which a listing 1991; Reichel et al. 1992; Reichel and Reduction in the range of the Guam proposal had not yet been published Lemke 1994). The Mariana mallard, broadbill and its eventual extinction because it was precluded by other never great in number, is believed to have been variously attributed to listing activities. We published a have lost most of its limited habitat with pesticide use during and after WWII, the proposed rule to list the Guam broadbill the decimation of wetlands, while being spread of avian diseases, and predation as endangered on November 29, 1983 hunted with little to no enforcement of by introduced animals, including rats (48 FR 53729). The final rule hunting restrictions. (Rattus spp.), monitor lizards (Varanus determining the Guam broadbill to be an The Guam broadbill (Myiagra indicus), and brown tree snakes (Boiga endangered species was published on freycineti) was a member of the irregularis). However, studies have August 27, 1984 (49 FR 33881), and a monarch flycatcher family determined that predation by the brown recovery plan for the Guam broadbill (Monarchidae). Most of the eight or nine tree snake was likely the single most and four other listed bird species on genera in this subfamily are widespread important factor in the decline of the Guam and Rota was published in 1990 in the tropical Pacific islands, and many Guam broadbill and other native forest (Service 1990). species are endemic to a single island or birds of Guam (Savidge 1986, 1987; A proposed rule to designate critical archipelago (Pratt et al. 1987). The Conry 1988; Wiles et al. 1995; Rodda et habitat for the Guam broadbill and five Guam broadbill was closely related to al. 1997). other endangered species on Guam was

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published in the Federal Register on appropriate State and Federal agencies, declare the Mariana mallard and Guam June 14, 1991 (56 FR 27485). This county governments, landowners, and broadbill extinct and to remove them proposed rule was withdrawn on April other interested parties and invited from the List of Endangered and 4, 1994 (59 FR 15696) because most of them to comment. The comment period Threatened Wildlife. the lands proposed as critical habitat closed on March 26, 2002 (67 FR 3675). In accordance with 5 U.S.C. 553(d), had by this time been incorporated into Only one comment was received we have determined that this rule the Guam National Wildlife Refuge during the comment period. The relieves an existing restriction and good overlay lands. We determined that Commonwealth of the Northern Mariana cause exists to make the effective date critical habitat designation was not Islands Division of Fish and Wildlife of this rule immediate. Delay in prudent because it would not provide stated that they concurred with our implementation of this delisting could the Guam broadbill with any benefit conclusion that the Mariana mallard is cost government agencies staff time and beyond that already provided by the extinct and should be removed from the monies in conducting formal section 7 refuge overlay lands. On April 3, 2000, List of Endangered and Threatened consultation on actions that may affect the Marianas Audubon Society and the Wildlife. a species no longer in need of protection Center for Biological Diversity filed a We also requested and received peer under the Act. Relieving the existing suit to challenge our withdrawal of review from three experts on the restrictions associated with this listed critical habitat for these species. On waterbirds and forest birds of the species will enable Federal agencies to September 7, 2000, we filed a motion to Mariana Islands. All three peer minimize any delays in any ongoing or voluntarily remand the nonprudency reviewers concurred with our future project planning and decision based on subsequent court conclusion that the Mariana mallard implementation actions that may have decisions on critical habitat. This and the Guam broadbill are extinct and affected the Mariana mallard and Guam motion set a deadline of June 1, 2003, should be removed from the List of broadbill. for us to redetermine prudency and Endangered and Threatened Wildlife. Effects of This Rule designate final critical habitat, if Summary of Factors Affecting the prudent, for the Guam broadbill and five Species This final rule revises § 17.11(h) to other listed species. We published a remove the Mariana mallard and the proposed rule in the Federal Register to Section 4 of the Act and regulations Guam broadbill from the List of delist the Guam broadbill due to promulgated to implement the listing Endangered and Threatened Wildlife extinction on January 25, 2002 (67 FR provisions of the Act (50 CFR part 424) due to extinction. The prohibitions and 3675). On April 16, 2002, the Guam set forth the procedures for listing, conservation measures provided by the District Court issued a ruling that reclassifying, or removing species from Act, particularly sections 7 and 9, will ordered us to comply with terms of the listed status. We may determine a no longer apply to these species. There critical habitat settlement agreement by species to be an endangered or is no designated critical habitat for these June 1, 2003. threatened species because of one or species. On October 15, 2002, we published a more of the five factors described in The Mariana mallard and the Guam proposed rule to designate critical section 4(a)(1) of the Act; we must broadbill are protected by the habitat for the Mariana fruit bat consider these same five factors in government of Guam (Pub. L. 15–36). (Pteropus mariannus mariannus), the delisting species. We may delist a Removal of these species from the List Mariana crow (Corvus kubaryi), and the species according to section 424.11(d) if of Endangered and Threatened Wildlife Guam Micronesian kingfisher (Halcyon the best available scientific and does not alter or supersede their cinnamomina cinnamomina) (67 FR commercial data indicate that the designation by the government of Guam 63738). In this proposed rule, we also species is neither endangered nor as endangered species. found that designation of critical habitat threatened for the following reasons: (1) for the Guam broadbill would not be The species is extinct; (2) The species Paperwork Reduction Act prudent because the species was extinct. has recovered and is no longer This rule does not contain any new On May 30, 2003, the Government of endangered or threatened; and/or (3) collections of information that require Guam filed a motion to extend the The original scientific data used at the approval by Office of Management and deadline for publication of the final rule time the species was classified were in Budget (OMB) under the Paperwork to allow time to develop an alternative error. Reduction Act (44 U.S.C. 3501 et seq.). to critical habitat designation on Guam. After a thorough review and This rule will not impose record The Government of Guam stated that consideration of all information keeping or reporting requirements on they did not have adequate time to available, we have determined that the State or local governments, individuals, develop these alternatives due to a Mariana mallard and Guam broadbill businesses, or organizations. An agency recent change in administration and are extinct and should be removed from may not conduct or sponsor, and a hardships encountered as a result of the the List of Endangered and Threatened person is not required to respond to, a Typhoon Chataan and the Wildlife. We determined that none of collection of information unless it Supertyphoon Pongsona. On June 13, the five factors addressed in section displays a currently valid OMB control 2003, the Guam District Court extended 4(a)(1) of the Act now affects these number. Information collections the deadline for publication of a final species. associated with threatened and rule indefinitely. No confirmed sightings or endangered species permits are covered vocalizations of the Mariana mallard by an existing OMB approval and are Summary of Comments and have been reported since 1979, despite assigned control number 1018–0093, Recommendations surveys, and the last captive bird died which expires March 31, 2004. In the proposed rule to delist the in 1981. No confirmed sightings or Mariana mallard and Guam broadbill vocalizations of the Guam broadbill National Environmental Policy Act published on January 25, 2002 (67 FR have been reported since August 1984, We have determined that 3675), we requested that all interested despite surveys, and the last captive Environmental Assessments and parties submit comments on the bird died in February 1984. Therefore, Environmental Impact Statements, as proposal. We also contacted all we believe enough evidence exists to defined under the authority of the

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National Environmental Policy Act of Author PART 17—[AMENDED] 1969, need not be prepared in The primary author of this final rule ■ connection with regulations adopted 1. The authority citation for part 17 is Fred Amidon, Ecological Services, continues to read as follows: pursuant to section 4(a) of the Pacific Islands Fish and Wildlife Office, Endangered Species Act of 1973, as Authority: 16 U.S.C. 1361–1407; 16 U.S.C. U.S. Fish and Wildlife Service (see 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– amended. We published a notice ADDRESSES section). outlining our reasons for this 625, 100 Stat. 3500; unless otherwise noted. determination in the Federal Register List of Subjects in 50 CFR Part 17 ■ 2. Amend § 17.11(h) by removing the entries for ‘‘Mallard, Mariana’’ and on October 25, 1983 (48 FR 49244). Endangered and threatened species, ‘‘Broadbill, Guam’’ under ‘‘BIRDS’’ from Exports, Imports, Reporting and record References Cited the List of Endangered and Threatened keeping requirements, Transportation. Wildlife. A complete list of all references cited Regulation Promulgation herein is available upon request from Dated: February 10, 2004. the Pacific Islands Fish and Wildlife ■ Accordingly, we amend part 17, Steve Williams, Office (see ADDRESSES section). subchapter B of chapter I, title 50 of the Director, U.S. Fish and Wildlife Service. Code of Federal Regulations as set forth [FR Doc. 04–3784 Filed 2–20–04; 8:45 am] below: BILLING CODE 4310–55–P

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Proposed Rules Federal Register Vol. 69, No. 35

Monday, February 23, 2004

This section of the FEDERAL REGISTER Second and D Streets, NE., between 8:30 Act of 1909 and the Copyright Act of contains notices to the public of the proposed a.m. and 4 p.m., and addressed to 1976, the rights bestowed by copyright issuance of rules and regulations. The ‘‘Office of the General Counsel, U.S. protection are primarily enforced purpose of these notices is to give interested Copyright Office, James Madison privately by copyright owners. The persons an opportunity to participate in the Memorial Building, Room LM–401, 101 Copyright Office is an office of public rule making prior to the adoption of the final rules. Independence Avenue, SE., record which, through the registration Washington, DC 20559–6000.’’ process, enables copyright owners both FOR FURTHER INFORMATION CONTACT: to make a record of their works and to LIBRARY OF CONGRESS Marilyn J. Kretsinger, Assistant General facilitate protection of those works. The Counsel or Robert Kasunic, Senior Office has, in the past, referred to the Copyright Office Attorney, Copyright GC/I&R, PO Box applicable law governing service of 70400, Southwest Station, Washington, complaints and summonses on the 37 CFR Part 205 DC 20024–0400. Telephone (202) 707– United States and has handled service [Docket No. RM 2004–2] 8380. Telefax: (202) 707–8366. of subpoenas and other process on a SUPPLEMENTARY INFORMATION: The case-by-case basis. See Fed. R. Civ. p. Legal Processes Copyright Office is proposing revision 4(i). The proposed rules ensure that of part 205 of subchapter A of Chapter service intended for the Office and its AGENCY: Copyright Office, Library of II, 37 CFR. Generally, part 205 employees will be properly handled. Congress. establishes rules governing service of These rules also ensure centralized ACTION: Proposed rule. complaints, summonses, subpoenas and procedures that are necessary for the other legal process on the Copyright Office’s timely response to service of SUMMARY: The Copyright Office is Office and its employees in their official legal process. proposing adoption of rules governing capacities. Under the proposed revision, 2. Production of Documents and service of process on the Copyright subpart A sets forth the definitions for Testimony by Employees in Legal Office, the Register of Copyrights or an the part, the addresses for legal service, Proceedings in Which the Office Is Not employee of the Copyright Office acting and waiver of the rules. Subpart B a Party in his or her official capacity and establishes the requirements for service adoption of rules governing production of legal process on an employee of the The Copyright Office occasionally of Office documents and testimony of Copyright Office concerning receives subpoenas and other informal Office employees in legal proceedings. information acquired in the course of requests for documents and testimony These regulations will serve as a performing official duties or because of in cases in which the Office is not a statement of Office policy and provide the employee’s official relationship with party. Although the Office has rules comprehensive guidelines for the Office the Office and clarifies the requirements governing requests for information from and its employees, outside agencies, and for service on the Register of Copyrights the general public and charges fees for other persons regarding the appropriate pursuant to section 17 U.S.C. 411(a). providing such information, the Office procedures in these areas. Subpart C prescribes policies and currently has no regulations governing DATES: Comments must be received no procedures of the Copyright Office subpoenas requesting document later than March 24, 2004. governing testimony by an Office production and testimony of Office ADDRESSES: An original and ten copies employee in his or her official capacity employees in legal proceedings. An of any comment shall be sent to the and the production of Office documents increase in such requests in recent years Copyright Office. If comments are pursuant to a demand, request, warrants adoption of regulations mailed, the address is: Copyright Office subpoena, or order for use in legal governing their submission, evaluation, GC/I&R, PO Box 70400, Southwest proceedings in which the Office is not and processing. Proper handling of Station, Washington, DC 20024–0400. If a party. subpoenas for documents and testimony requires uniform rules and centralized comments are hand delivered by a Background private party, they must be addressed to: procedures. In some situations, litigants ‘‘Office of the General Counsel, U.S. 1. Service of Process have served subpoenas directly on Copyright Office, James Madison Since its inception, the Copyright Office employees, while others have Memorial Building, Room LM–401, 101 Office has operated without any mailed copies of subpoenas to the Independence Avenue, SE., published rules or regulations governing Copyright Office. In some cases, the Washington, DC 20559–6000’’ and service of process.1 Unlike many responsible officials within the Office delivered to the Public Information government agencies, the Copyright have not become aware of the existence Office of the Copyright Office, located in Office is not charged with enforcing the of subpoenas for days or even weeks. Room 401 of the James Madison provisions of the statute that it Such delays cause the Office to lose Memorial Building of the Library of administers. Under both the Copyright valuable time assessing and responding Congress, 101 Independence Avenue, to subpoenas for testimony and SE., Washington, DC between 8:30 a.m. 1 In 1994, the Office published a policy statement documents. Establishing uniform and 5 p.m. If comments are hand containing an address where litigation material procedures for legal processes will delivered by a commercial, non- should be directed. In 2001, it published in ensure timely notice and promote regulatory text the address where the Register centralized decision-making. government courier or messenger, they should be served when copyright registration is must be delivered to: the Congressional refused and the applicant wants to bring a copyright As a general rule, all documents and Courier Acceptance Site, located at infringement suit. 66 FR 19094 (April 13, 2001). material submitted to the Copyright

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Office as part of a completed registration attorneys do not follow established and subpoenas to produce Office of a claim to copyright are available for procedures for obtaining information, it documents or the testimony of Office public inspection and copying. 37 CFR is usually because they are unfamiliar employees in legal proceedings in 201.2(b)(1). Anyone seeking such with Office practices or established which the Office is not a party to the documents, including documents to be procedures. Typically, such demands action. used in litigation, must contact the take the form of a subpoena on an Office Certifications and Documents Section of employee directing him or her to appear 1. General Provisions the Office. Id. Correspondence between at a certain time and place and to The general provisions supply a copyright claimant or his or her agent produce certain documents. In addition, definitions and Office addresses. There and the Copyright Office regarding subpoenas are sometimes served on an is also a provision that permits waiver matters such as recordation, registration, Office employee who is not responsible of the rule by the General Counsel. Only or refusal to register is also available for for the requested documents. the General Counsel of the Copyright public inspection. The Certifications Responding to these requests and Office or his or her designee is and Documents Section certifies the subpoenas is not only burdensome for authorized to receive service of process authenticity of copies of Office the Office, but is less efficient for the for the Office or an employee of the documents and records which expedites requestor who could obtain the Office acting in his or her official legal proceedings since such certified requested documents more capacity. The requirements prescribed copies of public documents and public expeditiously by other means. There is, by part 205 are in addition to any records are self-authenticating. Fed. R. therefore, a need to regulate requests by requirements prescribed by law or Evid. 902, 1005. See also, Fed. R. Civ. centralizing their receipt and thereby statute; and parties must, of course, p. 44(a)(1). Office policy denies direct allowing the Office to assess the request comply with the service requirements of public access to in-process files and to in an efficient manner. The proposed the Federal Rules of Civil or Criminal work areas where they are handled. 37 rules will also assist those seeking Procedure and any other applicable CFR 201.2(b)(2). Information contained documents or testimony from the Office, statute or court rule. in the in-process files may, under by clarifying the alternative procedures certain circumstances, be obtained by available to obtain the information 2. Service of Process complying with the procedures of 37 sought. The purpose of subpart B is to CFR 201.2(b)(3). Records that are not The rules governing testimony of identify the proper parties within the open to the public include Office employees in legal proceedings Copyright Office upon whom process correspondence, memoranda, reports, will also centralize the service of must be served, and to describe the opinions, and similar material relating deposition subpoenas. Subpoenas for conditions and requirements of such to internal matters of personnel and depositions are typically directed to service. procedures, Office administration, copyright examiners and supervisors, Section 205.11 provides the scope and security matters, and internal but the Office has received deposition purpose of subpart B. consideration of policy and decisional notices for other employees. Generally, Section 205.12 clarifies that the matters, including the work product of the information sought by deposition is subpart applies only to process served an attorney. 37 CFR 201.2(c). available through alternative written on the Copyright Office and its Section 201.2(d) of 37 CFR prescribes resources published or available for employees in their official capacities. the method for requesting copies of public inspection by the Office. As a Subpart B does not apply to any Office copyright registration records. Copying consequence, it is important for the employee who is served with process in of the deposit copies of works submitted Copyright Office General Counsel to his or her individual capacity for for registration is limited to determine whether Office involvement matters related solely to his or her circumstances where there is written in private litigation would unduly personal dealings. permission from the copyright holder(s), burden Office resources. This Section 205.13 clarifies the a court order, or a written request determination requires obtaining procedures for complaints served on the submitted via a Litigation Statement information on the precise nature of the Register of Copyrights pursuant to 17 from an attorney engaged in either testimony sought and whether U.S.C. 411(a). actual or prospective litigation alternative sources of the requested 3. Testimony by Employees and/or the involving the requested work. information are available. A single Production of Documents in Legal Copyright Office regulations also procedure directing all requests for Proceedings in which the Office is not specify how documents, other than testimony to an authorized official for a Party registration material, that are available review and evaluation will expedite and to the public may be obtained. For centralize the decision-making process. Subpart C governs the terms and example, administrative staff manuals The Copyright Office is, therefore, procedures for demands for Office may be obtained in accordance with 37 proposing the following regulations. documents or the testimony of a CFR 201.2(b)(7). Copyright Office employee in his or her Given the existing regulations and the Proposed Regulations official capacity in legal proceedings. availability of most Office documents The Copyright Office is proposing The requirements of subpart C are and records, further regulations for revision of part 205 of subchapter A of modeled on those imposed by other production of documents in legal chapter II of 37 CFR as adopted on April federal agencies following United States proceedings may seem unnecessary. 13, 2001, 37 CFR 205.1. Generally, part ex rel. Touhy v. Ragen, 340 U.S. 462 When the Office has received 205 would set forth the Office rules on (1951). production requests in the past, it has legal processes. Subpart A contains the The Supreme Court’s decision in attempted to apply current regulations general provisions governing legal United States ex rel. Touhy v. Ragen, to respond to the request. Attorneys process on the Office. Subpart B sets 340 U.S. 462 (1951) affirmed the familiar with Office practices generally forth the requirements for service of reversal of a contempt charge against an forego seeking document production via process on the Office or its employees FBI agent who, pursuant to a request or subpoena and simply follow in their official capacities. Subpart C Department of Justice (‘‘DOJ’’) the established procedures. When prescribes the requirements for requests regulation, refused to produce certain

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documents subpoenaed by a state The section explains the reasons for this source, and, if testimony is requested, prisoner in a federal habeas corpus policy, including conservation of Office the intended use of the testimony, a proceeding. The DOJ regulation forbade resources and the centralization of the detailed summary of the testimony employees from disclosing Department administrative process. desired, and a showing that no documents, except as authorized by the Sections 205.22 and 205.23 state document could be provided and used Attorney General or his assistant. The under what conditions the Office will in lieu of the requested testimony. The Court held that the FBI agent’s refusal authorize the production of documents purpose of this requirement is to permit to produce documents was lawful given and testimony in a legal proceeding in the Office to evaluate whether the the DOJ regulation. The Court stated which the Office is not a party. Section information sought in the demand is that ‘‘[w]hen one considers the variety 205.22 provides the required procedure available through other less burdensome of information contained in the files of for demands for documents or testimony means before deciding whether the any government department and the in legal proceedings. In most cases, testimony or production should be possibilities of harm from unrestricted testimony of an Office employee must authorized. disclosure in court, the usefulness, be sought through either a subpoena or indeed necessity, of centralizing a court order, both of which require Subsections (b) through (f) of § 205.22 determination as to whether subpoenas proper service on the Copyright Office. propose several Office practices duces tecum will be willingly obeyed or The service requirements of Rule 45 of governing testimony by employees and challenged is obvious.’’ Touhy at 468. the Federal Rules of Civil Procedure production of documents in legal Thus, under Touhy, government entities must be complied with. However, there proceedings. Subsection (b) makes it may centralize, by regulation, are occasions when one or more parties clear that no Office employee may determinations concerning subpoena to a proceeding contact the Office and provide testimony or produce a responses and forbid the unauthorized request a deposition of an Office document in a legal proceeding response by employees. Further, employee or seek testimony at trial. The concerning Office business without the government employees cannot be held proposed rule clarifies that any such authorization of the General Counsel of in contempt of court for complying with demand, request or subpoena for the Copyright Office. In addition, no such regulations. testimony must be in writing, must be Office employee shall answer inquiries Touhy regulations typically provide accompanied by an affidavit or from members of the public regarding internal guidance and direction to declaration under penalty of perjury testimony or documents subject to a agency employees, as well as establish pursuant to 28 U.S.C. 1746, and must be demand, subpoena or order. All requests procedures that must be followed by delivered to the General Counsel of the for such testimony must be directed to those external to an agency who are Copyright Office. the General Counsel of the Copyright seeking information from the agency or Likewise, all demands, requests, Office. There are two exceptions to this its employees. Touhy regulations subpoenas or orders for production of rule: there is no limitation on testimony usually contain provisions concerning documents must be directed to the of facts or events that are unrelated to matters such as who an agency General Counsel of the Copyright Office. official business and there is no As discussed above, under current employee should contact for direction limitation on a former employee’s Copyright Office regulations, most when he or she receives a subpoena or testimony as an expert in connection demand; the agency’s office or official documents in the possession of the with a particular matter in which the that a party or attorney seeking Office are available to the general former employee did not participate testimony or documents should contact; public, and the Office encourages personally while at the Office. and who at the agency may authorize litigants to avail themselves of these the production of testimony or records by following existing agency As discussed above, most documents documents by agency employees. practices. When the Office has in the in the possession of the Office are Almost universal are provisions past received a subpoena or order for public records and can be obtained by prohibiting an employee’s disclosure of production of documents, it has the public under current regulations. In documents or giving of testimony generally responded to the demand general, the Office will continue to without authorization of an appropriate through use of current procedures. direct the public to seek documents agency official. Additionally, some However, because a court may require through its Certification and Documents regulations set out factors that the an official of the Office to appear in Section. Parties seeking documents, agency decision-maker should consider person to produce the requested including certified documents to be in deciding whether to authorize the records, it is necessary to adopt used in litigation, must contact the giving of testimony or the release of procedures governing these types of Certification and Documents Section of documents. Touhy regulations, thus, demands. the Office. serve the purpose of centralizing In addition to requiring that all Section 205.23 governs the scope of determinations within an agency demands, requests or subpoenas for concerning whether and to what extent testimony and production of documents permissible testimony. When the demands for testimony and documents in legal proceedings in which the Office testimony of an employee is authorized will be honored. is not a party be in written form, by the General Counsel, an employee Section 205.21 outlines the scope of § 205.22(a)(3) requires that all demands, may testify as to relevant matters of fact subpart C and notes that it applies to requests and subpoenas be accompanied within his or her knowledge so long as testimony and production of documents by an affidavit or declaration under the factual matters do not probe into the in legal proceedings pursuant to a penalty of perjury pursuant to 28 U.S.C. mental processes employed in demand, subpoena or order. Section 1746 that identifies the title of the legal formulating a decision of the Office. 205.21 makes it clear that an employee proceeding, the forum, the requesting United States v. Morgan, 298 U.S. 468 acting in his or her official capacity may party’s interest in the legal proceeding, (1941); Western Electric Co., Inc. v. not appear voluntarily as a witness or the reasons for the demand, request or Piezo Technology, Inc., 860 F.2d 428 provide voluntary testimony in a legal subpoena, a showing that the desired (Fed. Cir. 1988). In addition, an proceeding without authorization by the testimony or document is not employee would be prohibited from General Counsel of the Copyright Office. reasonably available from any other giving expert or conjectural testimony.

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List of Subjects in 37 CFR Part 205 reasonably anticipated judicial or § 205.3 Waiver of rules. Copyright, Service of process, administrative actions, hearings, In extraordinary situations, when the Testimony by employees and investigations, or similar proceedings interest of justice requires, the General production of documents in legal before courts, commissions, boards or Counsel may waive or suspend the rules proceedings. other tribunals, foreign or domestic. of this part, sua sponte or on petition of This phrase includes all phases of an interested party, subject to such Proposed Regulations discovery as well as responses to formal requirements as the General Counsel In consideration of the foregoing, the or informal requests by attorneys or may impose on the parties. However, Copyright Office proposes to revise 37 others involved in legal proceedings. the inclusion of certain legal process CFR part 205 as follows: This phrase also includes state court within the scope of these rules, e.g., 1. Part 205 is revised to read as proceedings (including grand jury state legal proceedings, does not follows: proceedings) and any other state or local represent a waiver of any claim of legislative and administrative immunity, privilege, or other defense by PART 205—LEGAL PROCESSES proceedings. the Office in a legal proceeding, including but not limited to, sovereign Subpart A—General Provisions Office means the United States immunity, preemption, or lack of Copyright Office, including any section, Sec. relevance. This rule does not create any division or operating unit within the right or benefit, substantive or 205.1 Definitions. United States Copyright Office. 205.2 Address for mail and service; procedural, enforceable at law by a telephone number. Official business means the party against the Copyright Office or the 205.3 Waiver of rules. authorized business of the United States United States. 205.4 Relationship of this part to the Copyright Office. Federal Rules of Civil and Criminal § 205.4 Relationship of this part to the Procedure. Testimony means a statement in any Federal Rules of Civil and Criminal 205.5 Scope of this part related to Copyright form, including a personal appearance Procedure. Office duties under title 17 of the U.S. before a court or other legal tribunal, an Nothing in this part waives any Code. interview, a deposition, an affidavit or requirement under the Federal Rules of Subpart B—Service of Process declaration under penalty of perjury Civil or Criminal Procedure. pursuant to 28 U.S.C. 1746, a 205.11 Scope and purpose. § 205.5 Scope of this part related to 205.12 Process served on the Register of the telephonic, televised, or videotaped statement or any response given during Copyright Office duties under title 17 of the Copyright Office and an employee in his U.S. Code. or her official capacity. discovery or similar proceeding, which 205.13 Complaints served on the Register of response would involve more than the This part relates only to legal Copyrights pursuant to 17 U.S.C. 411. production of documents, including a proceedings, process, requests and demands relating to the Copyright Subpart C—Testimony by Employees and declaration under 35 U.S.C. 25 or a Production of Documents in Legal declaration under penalty of perjury Office’s performance of its duties Proceedings in Which the Office Is Not a pursuant to 28 U.S.C. 1746. pursuant to title 17 of the United States Party Code. Legal proceedings, process, United States means the Federal 205.21 Scope and purpose. requests and demands relating to other Government, its departments and matters (e.g., personal injuries, 205.22 Production of documents and agencies, individuals acting on behalf of testimony. employment matters, etc.) are the 205.23 Scope of testimony. the Federal Government, and parties to responsibility of the General Counsel of the extent they are represented by the Authority: 17 U.S.C. 702. the Library of Congress and are United States. governed by 36 CFR part 703. Subpart A—General Provisions § 205.2 Address for mail and service; Subpart B—Service of Process telephone number. § 205.1 Definitions. § 205.11 Scope and purpose. For the purpose of this part: (a) Mail under this part should be Demand means an order, subpoena or addressed to the General Counsel, (a) This subpart provides the any other request for documents or Copyright GC/I&R, PO Box 70400, procedures governing service of process testimony for use in a legal proceeding. Southwest Station, Washington, DC on the Copyright Office and its Document means any record or paper 20024–0400. employees in their official capacity. held by the Copyright Office, including, These regulations provide the identity (b) Service by hand shall be made of Copyright Office officials who are without limitation, official letters, upon an authorized person from 8:30 deposits, recordations, registrations, authorized to accept service of process. a.m. to 5 p.m. E.S.T., Monday through The purpose of this subpart is to publications, or other material Friday in the Public Information Office, submitted in connection with a claim to provide a centralized location for U.S. Copyright Office, Library of receipt of service of process to the register a copyright. Congress, James Madison Memorial Employee means any current or Office. Such centralization will provide Building, Room LM–401, 101 former officer or employee of the timely notification of legal process and Independence Avenue, SE., Copyright Office, as well as any expedite Office response. Litigants also Washington, DC. Persons authorized to individual subject to the jurisdiction, must comply with all requirements accept service of process are the General supervision, or control of the Copyright pertaining to service of process that are Counsel of the Copyright Office and his Office. established by statute, court rule and General Counsel, unless otherwise or her designees. rule of procedure including the specified, means the General Counsel of (c) The Office of the General Counsel applicable provisions of the Federal the United States Copyright Office or his may be reached by telephone during Rules of Civil Procedure governing or her designee. normal business hours specified in service upon the United States. Legal proceeding means any pretrial, paragraph (b) of this section at 202–707– (b) This subpart does not apply to trial, and post trial stages of existing or 8380. service of process made on an employee

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personally for matters not related to infringement of the copyright of a work (c) An employee of the Office may not official business of the Office. Process for which registration has been refused, voluntarily appear as a witness or served upon a Copyright Office notice of the institution of the action voluntarily testify in a legal proceeding employee in his or her individual and a copy of the complaint must be relating to his or her official capacity capacity must be served in compliance served on the Register of Copyrights by without proper authorization under this with the applicable requirements for sending such documents by registered subpart. service of process established by statute, or certified mail to the General Counsel (d) This subpart does not apply to any court rule, or rule of procedure. of the Copyright Office, GC/I&R, PO Box legal proceeding in which: 70400, Southwest Station, Washington, (1) An employee is to testify regarding § 205.12 Process served on the Copyright DC 20024–0400, or delivery by hand facts or events that are unrelated to Office and its employees in their official official business; or capacities. addressed to the General Counsel of the Copyright Office and delivered to the (2) A former employee is asked to (a) Summonses, complaints and all testify as an expert on a matter in which other process directed to the Copyright Public Information Office, U.S. Copyright Office, Library of Congress, that employee did not personally Office, the Register of Copyrights or any participate while at the Office so long as other Copyright Office employee in his James Madison Memorial Building, Room LM–401, 101 Independence the former employee testifies or her official capacity should be served concerning his or her personal opinion on the General Counsel of the Copyright Avenue, SE., Washington, DC. The notice must be in the form of a letter and does not purport to speak for or on Office or his designee as indicated in behalf of the Copyright Office. § 205.2. To effect proper service, the that is clearly identified as a 411(a) requirements of Rule 4(i) of the Federal notice. Both the letter and the envelope § 205.22 Production of documents and Rules of Civil Procedure must also be should state: ‘‘Section 411(a) Notice to testimony. satisfied by effecting service on both the the Register of Copyrights.’’ In (a) Generally, all documents and United States attorney for the district in compliance with FED. R. CIV. P. Sec. material submitted to the Copyright which the action is brought and the 4(i), a notice of the institution of the Office as part of a completed application Attorney General, Attn: Director of action and a copy of the complaint must to register a claim to copyright are Intellectual Property Staff, Commercial also be served on both the United States available for public inspection and Litigation Branch, Civil Division, attorney for the district in which the copying. Most documents are therefore Department of Justice, Washington, DC action is brought and the United States available through Office services that do 20530. Department of Justice, directed to the not require the utilization of litigation (b) Any employee of the Office served Attorney General, Attn: Director of processes. Anyone seeking such with a summons or complaint in Intellectual Property Staff, Civil documents must contact the connection with the conduct of official Division, Department of Justice, Certifications and Documents Section of business shall immediately notify and Washington, DC 20530. the Office. 37 CFR 201.2(b)(1). Certified shall deliver the summons or complaint copies of public documents and public to the Office of the General Counsel of Subpart C—Testimony by Employees records are self-authenticating. FED R. the Copyright Office. and Production of Documents in Legal EVID. 902 and 1005; see also, FED. R. (c) Any employee receiving a Proceedings in Which the Office Is Not CIV. P. 44(a)(1). In certain specified summons or complaint shall note on the a Party circumstances, information contained in summons or complaint the date, hour, § 205.21 Scope and purpose. the in-process files may be obtained by and place of service and mode of complying with the procedures of 37 (a) This subpart prescribes policies service. CFR 201.2(b)(3). Correspondence and procedures of the Copyright Office (d) The Office will accept service of between a copyright claimant or his or governing testimony, in legal process for an employee only when the her agent and the Copyright Office in a proceedings in which the Office is not legal proceeding is brought in completed registration, recordation, or a party, by Office employees in their connection with the conduct of official refusal to register is also available for official capacities and the production of business carried out in the employee’s public inspection. Section 201.2(d) of Office documents for use in legal official capacity. this chapter prescribes the method for proceedings pursuant to a demand, (e) When a legal proceeding is brought requesting copies of copyright request, subpoena or order. to hold an employee personally liable in registration records. Reproduction of connection with an action taken in the (b) The purpose of this subpart is: deposit copies of works submitted for conduct of official business, rather than (1) To conserve the time of Office registration are, upon approval of the liable in an official capacity, the employees for conducting official General Counsel, available to an employee is to be served in accordance business; attorney engaged in actual or with any applicable statute, court rule, (2) To minimize the possibility of prospective litigation involving the or rule of procedure. Service of process involving the Office in the matters of requested work upon written request in this case is inadequate when made private parties or other issues which are and a completed Litigation Statement or only on the General Counsel. An not related to the mission of the Office; a court order. The fees associated with employee sued personally for an action (3) To prevent the public from various document requests, searches, taken in the conduct of official business confusing personal opinions of Office copies, and expedited handling are shall immediately notify and deliver a employees with Office policy; listed in 37 CFR 201.3. Other copy of the summons or complaint to (4) To avoid spending the time and publications containing Copyright the General Counsel of the Copyright money of the United States for private Office procedures and practices are Office. purposes; available to the public without charge § 205.13 Complaints served on the (5) To preserve the integrity of the from the Copyright Office or its Web Register of Copyrights pursuant to 17 administrative process, minimize site: http://www.loc.gov/copyright. The U.S.C. 411(a). disruption of the decisionmaking Office Web site also allows online When an action has been instituted process, and prevent interference with searching of copyright registration pursuant to 17 U.S.C. 411(a) for the Office’s administrative functions. information and information pertaining

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to documents recorded with the not authorize production of documents stay the demand pending receipt of the Copyright Office beginning January 1, or testimony. requested instructions. 1978. Pre-1978 copyright registration (b) No Copyright Office employee (2) If the General Counsel makes a information and document recordation shall give testimony concerning the determination not to authorize information is available to the public in official business of the Office or produce testimony or the production of the Copyright Office during regular any document in a legal proceeding documents, but the subpoena is not business hours. If the information other than those made available by the withdrawn or modified and Department sought to be obtained from the Office is Certifications and Documents Section of Justice representation cannot be not available through these Office under existing regulations without the arranged, the employee should appear at services, demands and subpoenas for prior authorization of the General the time and place set forth in the testimony or documents may be served Counsel. Without prior approval from subpoena unless advised otherwise by as follows: the General Counsel, no Office the General Counsel. If legal counsel (1) Demands for testimony or employee shall answer inquiries from a cannot appear on behalf of the documents. All demands, requests, person not employed by the Library of employee, the employee should produce subpoenas or orders for production of Congress or the Justice Department a copy of these rules and state that the documents or testimony in a legal regarding testimony or documents in General Counsel has advised the proceeding directed to the Copyright connection with a demand, subpoena or employee not to provide the requested Office, the Register of Copyrights or any order. All inquiries involving demands, testimony or to produce the requested other Copyright Office employee in his subpoenas, or orders shall be directed to document. If a court (or other legal or her official capacity must be in the General Counsel of the Copyright authority) rules that the demand in the writing and should be served on the Office. subpoena must be complied with, the General Counsel of the Copyright Office (c) Any Office employee who receives employee shall respectfully decline to as indicated in § 205.2 of this part and a demand, request, subpoena or order comply with the demand, citing United in accordance with the Federal Rules of for testimony or the production of States ex rel. Touhy v. Ragen, 340 U.S. Civil or Criminal Procedure. documents in a legal proceeding shall 462 (1951). (2) Affidavits. Except when the immediately notify the Copyright Office Copyright Office is a party to the legal § 205.23 Scope of testimony. General Counsel at the phone number proceeding, every demand, request or (a)(1) If a Copyright Office employee indicated in § 205.2 and shall subpoena shall be accompanied by an is authorized to give testimony in a legal immediately forward the demand to the affidavit or declaration under penalty of proceeding, the testimony, if otherwise Copyright Office General Counsel. perjury pursuant to 28 U.S.C. 1746. proper, shall be limited to facts within (d) The General Counsel may consult Such affidavit or declaration shall the personal knowledge of the Office or negotiate with an attorney for a party contain a written statement setting forth employee. An Office employee is or the party, if not represented by an the title of the legal proceeding; the prohibited from giving expert testimony, attorney, to refine or limit a demand, forum; the requesting party’s interest in or opinion, answering hypothetical or request or subpoena to address interests the legal proceeding; the reasons for the speculative questions, or giving or concerns of the Office. Failure of the demand, request, or subpoena; a testimony with respect to subject matter attorney or party to cooperate in good showing that the desired testimony or which is privileged. If an Office faith under this part may serve as the document is not reasonably available employee is authorized to testify in basis for the General Counsel to deny from any published or other written connection with his or her involvement authorization for the testimony or source, (e.g. Federal Register, or assistance in a proceeding or matter production of documents sought in the Compendium II: Compendium of before the Office, that employee is demand. Copyright Office Practices, other written further prohibited from giving testimony (e) A determination under this part practices of the Office, circulars, the in response to an inquiry about the regarding authorization to respond to a Copyright Office Web site) and is not bases, reasons, mental processes, demand is not an assertion or waiver of available by other established analyses, or conclusions of that privilege, lack of relevance, technical procedure, e.g. 37 CFR 201.2, 201.3. If employee in the performance of his or deficiency or any other ground for testimony is requested in the affidavit or her official functions. declaration, it shall include the noncompliance. The Copyright Office (2) The General Counsel may intended use of the testimony, a reserves the right to oppose any demand authorize an employee to appear and detailed summary of the testimony on any appropriate legal ground give expert testimony or opinion desired, and a showing that no independent of any determination testimony upon the showing, pursuant document could be provided and used under this part, including but not to § 205.3 of this part, that exceptional in lieu of the requested testimony. The limited to, sovereign immunity, circumstances warrant such testimony purpose of these requirements is to preemption, privilege, lack of relevance, and that the anticipated testimony will permit the General Counsel of the or technical deficiency. not be adverse to the interest of the Copyright Office to make an informed (f) Office procedures when an Copyright Office or the United States. decision as to whether testimony or employee receives a demand or (b) If an Office employee is authorized production of a document should be subpoena: to testify, the employee will generally be authorized. The decision by the General (1) If the General Counsel has not prohibited from providing testimony in Counsel will be based on consideration acted by the return date, the employee response to questions which seek, for of the purposes set forth in § 205.21(b), must appear at the time and place set example: on the evaluation of the requesting forth in the subpoena (unless otherwise (1) To elicit information about the party’s need for the testimony and any advised by the General Counsel) and employee’s: other factor warranted by the inform the court (or other legal (i) Qualifications to examine or circumstances. Typically, when the authority) that the demand has been otherwise consider a particular information requested is available referred for the prompt consideration of copyright application. through other existing Office procedures the General Counsel and shall request (ii) Usual practice or whether the or materials, the General Counsel will the court (or other legal authority) to employee followed a procedure set out

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in any Office manual of practice in a implementation plan clocks that were portion of Kern,1 Fresno, Kings, Madera, particular case. started under CAA section 179(a) upon Merced, Stanislaus and Tulare. (iii) Consultation with another Office EPA’s 2002 finding that the State failed Upon the date of enactment of the employee. to submit the statutorily required severe 1990 Clean Air Act Amendments, the (iv) Familiarity with: area attainment demonstration for the SJVAB was classified as a serious ozone (A) Preexisting works that are similar. area. nonattainment area for the 1-hour ozone (B) Registered works, works sought to Several Indian tribes have National Ambient Air Quality Standard be registered, a copyright application, reservations located within the (‘‘NAAQS’’). (56 FR 56694, November 6, registration, denial of registration, or boundaries of the SJVAB. EPA 1991 and CAA section 181(a)(1)). request for reconsideration. implements relevant reclassification In December 2001, EPA reclassified (C) Copyright law or other law. provisions of the CAA in these the SJVAB from a serious to a severe (D) The actions of another Office reservations and is also proposing that nonattainment area for the 1-hour ozone employee. these areas be reclassified from a severe NAAQS. (66 FR 56476, November 8, (v) Reliance on particular facts or to an extreme 1-hour ozone 2001). This reclassification resulted arguments. nonattainment area. Thus, this action from the failure of the SJVAB to attain (2) To inquire into the manner in and could potentially affect these tribes. the standard by November 15, 1999 as extent to which the employee Accordingly, EPA has notified the required for serious nonattainment considered or studied material in affected tribal leaders of our proposed areas. CAA section 181(a) and (b)(2). In performing the function. action and is inviting consultation with our final action, we explained that the (3) To inquire into the bases, reasons, interested tribes. State of California would need to submit mental processes, analyses, or EPA will accept comments on all by May 31, 2002 a state implementation conclusions of that Office employee in plan (‘‘SIP’’) revision addressing the performing the function. aspects of this proposed rule. However, as discussed in section II. below, EPA severe area planning requirements (4) In exceptional circumstances, the including, but not limited to, a General Counsel may waive these believes that the CAA compels the Agency to grant a voluntary demonstration of attainment of the limitations pursuant to § 205.3 of this severe 1-hour ozone standard by part. reclassification when requested by a State. November 15, 2005, and a rate of Dated: February 17, 2004. progress (‘‘ROP’’) demonstration of David O. Carson, DATES: Comments on this proposed creditable ozone precursor emission General Counsel. action must be received by March 24, reductions of at least 3 percent per year [FR Doc. 04–3725 Filed 2–20–04; 8:45 am] 2004. until attainment. (66 FR 56476, 56481, November 8, 2001). BILLING CODE 1410–30–P ADDRESSES: Send comments to David On October 2, 2002 (67 FR 61784; Wampler, Planning Office (AIR–2), U.S. effective September 18, 2002), EPA Environmental Protection Agency, found that the State failed to submit by ENVIRONMENTAL PROTECTION Region IX, 75 Hawthorne Street, San AGENCY May 31, 2002 the following required Francisco, CA 94105–3901 or e-mail to severe area SIP revisions for the SJVAB: [email protected], or submit 40 CFR Part 81 (1) A demonstration of attainment of the comments at http:// 1-hour ozone NAAQS by no later than [CA 112–RECLAS, FRL–7625–7] www.regulations.gov. 2005; (2) a ROP demonstration as You can inspect and copy the docket described above; (3) an emission control Clean Air Act Reclassification, San for this action at our Region IX office rule for lime kilns; (4) an emissions Joaquin Valley Nonattainment Area; during normal business hours (see inventory; and (5) contingency California; Ozone ADDRESSES above). Due to increased measures. In our final action, we stated AGENCY: Environmental Protection security, we suggest that you call at least that, pursuant to CAA section 179(a), if Agency (EPA). 24 hours prior to visiting the Regional the State did not submit the required Office so that we can make ACTION: Proposed rule. plan revisions, the offset sanction arrangements to have someone meet identified in CAA section 179(b) would SUMMARY: EPA is proposing to grant a you. The Federal Register notice is also be applied in the affected area followed request by the State of California to available as an electronic file on EPA’s by the highway sanction 6 months after voluntarily reclassify under the Clean Region 9 Web Page at http:// the offset sanction was imposed. We Air Act (‘‘CAA’’ or ‘‘the Act’’) the San www.epa.gov/region09/air. also stated that the sanction clock Joaquin Valley Ozone Nonattainment FOR FURTHER INFORMATION CONTACT: would stop upon a finding by EPA that Area (‘‘San Joaquin Valley Air Basin’’ or David Wampler, Planning Office (AIR– the State has made complete 2 ‘‘SJVAB’’) from a severe to an extreme 2), Air Division, EPA Region IX, 75 submittals addressing these severe area 1-hour ozone nonattainment area. EPA Hawthorne Street, San Francisco, CA requirements. Finally, we explained is also proposing that the State submit, 94105, (415) 972–3975. that, under CAA section 110(c), EPA by no later than October 1, 2004, an must promulgate a federal extreme ozone nonattainment area plan SUPPLEMENTARY INFORMATION: implementation plan (‘‘FIP’’) no later addressing the requirements of CAA Throughout this document, the words than two years after the finding under section 182(e) and that the State submit ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ mean U.S. EPA. section 179(a) unless the Agency takes revised Title V and New Source Review I. Background rules that reflect the extreme area 1 See 66 FR 56476 (November 8, 2001) (boundary requirements no later than 12 months The San Joaquin Valley Ozone change for the San Joaquin Valley establishing the from the effective date of the final Nonattainment Area (‘‘San Joaquin eastern portion of Kern County as its own Valley Air Basin’’ or ‘‘SJVAB’’) consists nonattainment area). reclassification. 2 The requirements regarding completeness of SIP Final reclassification of the SJVAB of the following counties in California’s submittals are found in CAA section 110(k)(1) and will stop the sanctions and federal central valley: San Joaquin, the western 40 CFR part 51, appendix V.

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final action to approve the required SIP or by a tribe itself under an EPA- the effective date of the reclassification, revisions within that time. approved program. Irrespective of that the sanction and FIP clocks that were The State has submitted all of the issue, however, we believe that, as a started as a result of the Agency’s required severe area plan requirements matter of EPA’s federal implementation October 2, 2002 finding that the State except for a demonstration of attainment of relevant provisions of the CAA over failed to submit the severe area of the ozone standard by 2005 and EPA Indian country within the SJVAB, these attainment demonstration will stop. has found these submittals to be areas of Indian country should similarly B. Required Plan, New Source Review complete.3 be reclassified to extreme. Ground-level ozone continues to be a pervasive and Title V Permit Program Revisions II. Reclassification of the SJVAB to pollution problem in areas, such as the As discussed below, the extreme Extreme Ozone Nonattainment SJVAB, throughout the United States. classification, once effective, will By letter dated January 9, 2004, The Ozone and precursor pollutants that require revisions to the SJVAB portion State requested that EPA reclassify the cause ozone can be transported into an of California’s SIP. We propose that the SJVAB from a severe to an extreme area from pollution sources found many State submit, by no later than October nonattainment area for the 1-hour ozone miles away. Therefore EPA recommends 1, 2004, an extreme ozone standard.4 The State made the request that boundaries for nonattainment areas nonattainment area plan for the SJVAB. because they and the San Joaquin Valley be drawn to encompass both areas with In addition, we propose that the State Unified Air Pollution Control District direct sources of the pollution problem submit revised New Source Review (‘‘District’’) believe that sufficient as well as nearby areas in the same rules and Title V program revisions for emission reductions to demonstrate airshed. Classifications of the areas within the District’s attainment of the 1-hour ozone NAAQS nonattainment areas are coterminous jurisdiction within 12 months from the by 2005 in the SJVAB have not yet been with their boundaries. EPA believes that effective date of the final defined. this approach best ensures public health reclassification. Section 181(b)(3) of the CAA provides protection from the adverse effects of 1. Extreme Area Plan Requirements. for ‘‘voluntary reclassification’’ and ozone pollution. Therefore, it is Under 182(e), extreme area plans are states that ‘‘* * * [t]he Administrator generally counterproductive from an air required to meet all the requirements for shall grant the request of any State to quality and planning perspective to severe area plans 7 plus the reclassify a nonattainment area in that segregate land areas located well within requirements for extreme areas, State * * * to a higher classification’’ the boundaries of a nonattainment area, including, but not limited to: (1) A 10 and that ‘‘* * * [t]he Administrator such as the seven Indian reservations in ton per year major source definition; (2) shall publish a notice in the Federal the SJVAB. Moreover, violations of the additional reasonably available control Register of any such request and of one-hour ozone standard, which are technology (RACT) rules for sources action by the Administrator granting the measured and modeled throughout the subject to the new lower major source request.’’ Emphasis supplied. nonattainment area, as well as shared cutoff; (3) a new source review offset EPA intends to take final action meteorologic conditions, would dictate requirement of at least 1.5 to 1; (4) a rate granting the State’s request for a the same result. EPA does, however, of progress demonstration of emission voluntary reclassification. We believe recognize the significance of Indian reductions of ozone precursors of at that the plain language of section country boundaries within the least 3 percent per year from 2005 until 181(b)(3) mandates that we approve nonattainment area and, as described the attainment date;8 (5) clean fuels for such a request and, as such, gives the below, will consult with the affected boilers as required for at CAA section Agency no discretion to deny it.5 We Tribes regarding the need for 182(e)(3); and contingency measures. are, however, considering the relevance reclassification of their Indian country. The extreme area plan for the SJVAB of the State’s request to reclassification III. Consequences of Reclassification must also contain adopted regulations of Indian Country areas located within and/or enforceable commitments to the SJVAB. Typically, states have no A. Sanctions and FIP adopt and implement control measures jurisdiction under the Clean Air Act in EPA believes that when a in regulatory form by specified dates, Indian country, and California has not nonattainment area is reclassified, the sufficient to make the required rate of been approved by EPA to administer CAA attainment requirements of the progress and to attain the 1-hour ozone any CAA programs in Indian country. new classification supersede those of NAAQS as expeditiously as practicable CAA actions in Indian country would the previous classification; therefore the but no later than November 15, 2010. thus generally be taken either by EPA, former attainment requirements are The new attainment demonstration moot. In other words, once a should be based on the best information 3 Rule 4313—Lime Kilns was submitted to EPA nonattainment area has been reclassified available. While we realize that on June 5, 2003, EPA found the submittal complete and, as a result, has a new statutory modeling based on Central California on July 18, 2003 and approved the rule on 9 September 4, 2003 (68 FR 52510). The District’s attainment deadline, the deadline Ozone Study (CCOS) data may not be Amended 2002 and 2005 Ozone Rate of Progress applicable to the previous classification Plan for San Joaquin Valley, with its associated no longer has any logical, practical or 7 The CAA specifically excludes certain severe emissions inventory and contingency measures, legal significance. See, e.g., 61 FR area requirements from the extreme area was submitted to EPA on April 10, 2003. EPA found 54972, 54974 (October 23, 1996). requirements, e.g., section 182(c)(6), (7) and (8). the submittal complete on September 4, 2003. 8 The CAA does not allow the state to use the 4 Letter from Catherine Witherspoon, Executive Consequently, when the SJVAB is provision at CAA 182(c)(2)(B)(ii) that would allow Officer, California Air Resources Board, to Mr. reclassified to extreme,6 the failure of the state to demonstrate to the satisfaction of the Wayne Nastri, Regional Administrator, EPA Region the State to submit a severe area ozone Administrator that less than 3 percent reduction per IX, dated January 9, 2004. attainment demonstration will no longer year is approvable if the plan reflecting such lesser 5 Compare CAA reclassifications based on the amount includes all measures that can feasibly be failure of a nonattainment area to attain a NAAQS. have any significance. Therefore, upon implemented in the area. See, e.g., section 181(b)(2)(A): ‘‘Within 6 months 9 The Central California Ozone Study is a large following the applicable attainment date * * * the 6 Under section 181(b)(3) of the Act, the field measurement program conducted during the Administrator shall determine, based on the area’s attainment deadline for a severe area voluntarily summer of 2000 to provide a more comprehensive design value * * * whether the area attained the reclassified to extreme is as expeditiously as and liable data base for future ozone analyses. standard by that date.’’ Emphasis supplied. practicable but no later than November 15, 2010. Continued

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completed in time for use in the extreme requirements to implement the 1-hour also does not have Federalism area plan, the State should, to the extent ozone standard. implications as it does not have possible, use available new data. substantial direct effects on the States, V. Administrative Requirements In anticipation of the reclassification on the relationship between the national of the SJVAB, work on the extreme area Under Executive Order 12866 (58 FR government and the States, or on the plan has been ongoing since 2002 but 51735, October 4, 1993), this action is distribution of power and has not yet been completed because of not a ‘‘significant regulatory action’’ and responsibilities among the various a delay in the photochemical modeling. therefore is not subject to review by the levels of government, as specified in The District now projects completion of Office of Management and Budget. EPA Executive Order 13132 (64 FR 43255, the plan in May 2004, and Board has determined that the voluntary August 10, 1999). This action is also not adoption in the summer of 2004.10 reclassification would not result in any subject to Executive Order 13045 (62 FR Given the current status of the plan of the effects identified in Executive 19885, April 23, 1997), because it is not development, EPA believes that a Order 12866 sec. 3(f). Voluntary economically significant. As discussed submittal deadline of October 1, 2004 is reclassifications under 181(b)(3) of the above, a voluntary reclassification under reasonable. CAA are based solely upon requests by section 181(b)(3) of the CAA is based 2. NSR and Title V Program the State and EPA is required under the solely on the request of a State and EPA Revisions. In addition to the required CAA to grant them. These actions do is required to grant such a request. In plan revisions discussed above, the not, in and of themselves, impose any this context, it would thus be District must revise its New Source new requirements on any sectors of the inconsistent with applicable law for Review (NSR) rule to reflect the extreme economy. In addition, because the EPA, when it grants a State’s request for area definitions for major new sources statutory requirements are clearly a voluntary reclassification to use and major modifications and to increase defined with respect to the differently voluntary consensus standards. Thus, the offset ratio for these sources from classified areas, and because those the requirements of section 12(d) of the the ratio for severe areas in CAA section requirements are automatically triggered National Technology Transfer and 182(d)(2) to 1.5 to 1. CAA section by classifications, reclassification Advancement Act of 1995 (15 U.S.C. 182(e)(1) and (2). The District must also cannot be said to impose a materially 272 note) do not apply. This rule does make any changes in its Title V adverse impact on State, local, or tribal not impose an information collection operating permits program necessary to governments or communities. For the burden under the provisions of the reflect the change in the threshold from aforementioned reasons, this action is Paperwork Reduction Act of 1995 (44 also not subject to Executive Order 25 tpy for severe areas to 10 tpy for U.S.C. 3501 et seq.). extreme areas. We are proposing that the 32111, ‘‘Actions Concerning Regulations State submit any required revisions to That Significantly Affect Energy Supply, List of Subjects in 40 CFR Part 81 these programs by no later than 12 Distribution, or Use’’ (66 FR 28355, May Environmental protection, Air months from the effective date of the 22, 2001). Accordingly, the pollution control, Hydrocarbons, final reclassification. Administrator certifies that this rule Intergovernmental relations, National will not have a significant economic IV. Effect of EPA’s Implementation of parks, Nitrogen oxides, Ozone, Volatile impact on a substantial number of small the New 8-hour Ozone NAAQS on organic compounds, Wilderness areas. entities under the Regulatory Flexibility Today’s Proposed Action Act (5 U.S.C. 601 et seq.). These actions Authority: 42 U.S.C. 7401 et seq. On June 2, 2003, EPA published in do not contain any unfunded mandate Dated: February 13, 2004. the Federal Register a proposed rule or significantly or uniquely affect small Wayne Nastri, that outlined two distinct options on governments, as described in the Regional Administrator, Region IX. how EPA would implement the revised Unfunded Mandates Reform Act of 1995 [FR Doc. 04–3823 Filed 2–20–04; 8:45 am] 8-hour ozone air quality standard issued (Pub. L. 104–4) for the following BILLING CODE 6560–50–P by EPA in 1997, including the transition reasons: EPA is required to grant from implementation of the 1-hour requests by States for voluntary standard to implementation of the 8- reclassifications and such DEPARTMENT OF HOMELAND hour standard. (68 FR 32802). EPA reclassifications in and of themselves do SECURITY issued draft regulatory text on August 6 not impose any federal (68 FR 46536), and on October 21 (68 FR intergovernmental mandate. Several Federal Emergency Management 60054) invited comments on alternative Indian tribes have reservations located Agency classification options. At this time, EPA within the boundaries of the SJVAB. is in the process of evaluating comments EPA is responsible for the 44 CFR Part 67 we received on the proposed implementation of federal Clean Air Act implementation rule—and subsequent programs in Indian country, including [Docket No. FEMA–P–7641] notices—and we expect to finalize the reclassifications. EPA has notified the rule soon. At the same time, we are affected tribal officials and will be Proposed Flood Elevation working with the states and tribes to consulting with all interested tribes, as Determinations finalize the 8-hour designations by April provided for by Executive Order 13175 AGENCY: Federal Emergency 15, 2004. After the implementation rule (65 FR 67249, November 9, 2000). EPA Management Agency, Emergency is final and the 8-hour area designations will ensure that each tribe is contacted Preparedness and Response Directorate, are set, we will be able to fully evaluate and given the opportunity to enter into Department of Homeland Security. how the transition to the revised 8-hour consultation on a government-to- ACTION: Proposed rule. standard will impact the existing government basis. Because EPA is required to grant requests by States for SUMMARY: Technical information or Information regarding the CCOS is available on-line voluntary reclassifications and such comments are requested on the at http://www.arb.ca.gov/airways/ccos/ccos.htm. reclassifications in and of themselves do proposed Base (1% annual-chance) 10 See the District’s Draft Status Report for the January 6 and 7, 2004 Workshop and related not impose any federal Flood Elevations (BFEs) and proposed documents. intergovernmental mandate, this rule BFE modifications for the communities

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listed below. The BFEs and modified and Response Directorate has resolved and are required to maintain community BFEs are the basis for the floodplain any appeals resulting from this eligibility in the NFIP. No regulatory management measures that the notification. flexibility analysis has been prepared. community is required either to adopt These proposed BFEs and modified Regulatory Classification. This or to show evidence of being already in BFEs, together with the floodplain proposed rule is not a significant effect in order to qualify or remain management criteria required by 44 CFR regulatory action under the criteria of qualified for participation in the 60.3, are the minimum that are required. Section 3(f) of Executive Order 12866 of National Flood Insurance Program They should not be construed to mean September 30, 1993, Regulatory (NFIP). that the community must change any Planning and Review, 58 FR 51735. existing ordinances that are more DATES: The comment period is ninety Executive Order 12612, Federalism. stringent in their floodplain This proposed rule involves no policies (90) days following the second management requirements. The publication of this proposed rule in a that have federalism implications under community may at any time enact Executive Order 12612, Federalism, newspaper of local circulation in each stricter requirements of its own, or community. dated October 26, 1987. pursuant to policies established by other Executive Order 12778, Civil Justice ADDRESSES: The proposed BFEs for each Federal, State, or regional entities. Reform. This proposed rule meets the community are available for inspection These proposed elevations are used to applicable standards of Section 2(b)(2) at the office of the Chief Executive meet the floodplain management of Executive Order 12778. Officer of each community. The requirements of the NFIP and are also respective addresses are listed in the used to calculate the appropriate flood List of Subjects in 44 CFR Part 67 table below. insurance premium rates for new Administrative practice and buildings built after these elevations are FOR FURTHER INFORMATION CONTACT: procedure, Flood insurance, Reporting made final, and for the contents in these Doug Bellomo, P.E., Hazard and recordkeeping requirements. buildings. Accordingly, 44 CFR part 67 is Identification Section, Emergency National Environmental Policy Act. proposed to be amended as follows: Preparedness and Response Directorate, This proposed rule is categorically Federal Emergency Management excluded from the requirements of 44 PART 67—[AMENDED] Agency, 500 C Street, SW., Washington, CFR Part 10, Environmental DC 20472, (202) 646–2903. Consideration. No environmental 1. The authority citation for part 67 SUPPLEMENTARY INFORMATION: The impact assessment has been prepared. continues to read as follows: Federal Emergency Management Agency Regulatory Flexibility Act. The Authority: 42 U.S.C. 4001 et seq.; makes the final determinations listed Mitigation Division Director of the Reorganization Plan No. 3 of 1978, 3 CFR, below for the modified BFEs for each Emergency Preparedness and Response 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, community listed. These modified Directorate certifies that this rule is 3 CFR, 1979 Comp., p. 376. elevations have been published in exempt from the requirements of the newspapers of local circulation and Regulatory Flexibility Act because § 67.4 [Amended] ninety (90) days have elapsed since that modified base flood elevations are 2. The tables published under the publication. The Mitigation Division required by the Flood Disaster authority of § 67.4 are proposed to be Director of the Emergency Preparedness Protection Act of 1973, 42 U.S.C. 4105, amended as follows:

Range of BFEs Elevation State City/town/county Source of flooding Location in feet *(NGVD)

KS ...... Lansing (City) Leavenworth County ...... Ninemile Creek North *771 *817 North Fork of Ninemile *840 *843 Creek North. Sevenmile Creek *771 *821 Sevenmile Creek Tributary *771 *773 Maps are available for inspection at the Community Development Department, 800 1st Terrace, Lansing, Kansas. Send comments to The Honorable Kenneth W. Bernard, Mayor, City of Lansing, City Hall, 800 1st Terrace, Lansing, Kansas 66043.

KS ...... Leavenworth County (Unincorporated Ninemile Creek North *771 *771 Areas). (Lower Reach). Ninemile Creek North *818 *906 (Upper Reach). North Fork of Ninemile *834 *891 Creek. Sevenmile Creek (Upper *812 *826 Reach). South Fork of Ninemile *837 *892 Creek North. Maps are available for inspection at the Leavenworth County Courthouse, Planning and Zoning Department, 300 Walnut Street, Leavenworth, Kansas. Send comments to Mr. Joe Daniels, Jr., Chairman, Leavenworth County Board of Commissioners, County Courthouse, 300 Walnut Street, Leavenworth, Kansas 66048.

MO ...... Wayne County (Unincorporated Areas) .... McKenzie Creek *458 *520

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Range of BFEs Elevation State City/town/county Source of flooding Location in feet *(NGVD)

Maps are available for inspection at the Wayne County Courthouse, 109 Walnut Street, Greenville, Missouri. Send comments to Commissioner Brian Polk, Presiding Commissioner, Wayne County Courthouse, P.O. Box 48, Greenville, Missouri 63944.

MO ...... Piedmont (City) Wayne County ...... McKenzie Creek *460 *520 Maps are available for inspection at City Hall, 115 West Green Street, Piedmont, Missouri. Send comments to The Honorable Gaylon Watson, Mayor, City of Piedmont, 115 West Green Street, Piedmont, Missouri 63957.

(Catalog of Federal Domestic Assistance No. at the office of the Chief Executive Consideration. No environmental 83.100, ‘‘Flood Insurance.’’) Officer of each community. The impact assessment has been prepared. Dated: February 11, 2004. respective addresses are listed in the Regulatory Flexibility Act. The Anthony S. Lowe, table below. Mitigation Division Director of the Mitigation Division Director, Emergency FOR FURTHER INFORMATION CONTACT: Emergency Preparedness and Response Preparedness and Response Directorate. Doug Bellomo, P.E., Hazard Directorate certifies that this rule is [FR Doc. 04–3812 Filed 2–20–04; 8:45 am] Identification Section, Emergency exempt from the requirements of the BILLING CODE 6718–04–P Preparedness and Response Directorate, Regulatory Flexibility Act because Federal Emergency Management modified base flood elevations are Agency, 500 C Street, SW., Washington, required by the Flood Disaster DEPARTMENT OF HOMELAND DC 20472, (202) 646–2903. Protection Act of 1973, 42 U.S.C. 4105, SECURITY and are required to maintain community SUPPLEMENTARY INFORMATION: The eligibility in the NFIP. No regulatory Federal Emergency Management Agency Federal Emergency Management flexibility analysis has been prepared. Agency makes the final determinations listed below for the modified BFEs for each Regulatory Classification. This proposed rule is not a significant 44 CFR Part 67 community listed. These modified elevations have been published in regulatory action under the criteria of [Docket No. FEMA–P–7643] newspapers of local circulation and Section 3(f) of Executive Order 12866 of ninety (90) days have elapsed since that September 30, 1993, Regulatory Proposed Flood Elevation publication. The Mitigation Division Planning and Review, 58 FR 51735. Determinations Director of the Emergency Preparedness Executive Order 12612, Federalism. and Response Directorate has resolved This proposed rule involves no policies AGENCY: Federal Emergency that have federalism implications under Management Agency, Emergency any appeals resulting from this notification. Executive Order 12612, Federalism, Preparedness and Response Directorate, dated October 26, 1987. Department of Homeland Security. These proposed BFEs and modified BFEs, together with the floodplain Executive Order 12778, Civil Justice ACTION: Proposed rule. management criteria required by 44 CFR Reform. This proposed rule meets the applicable standards of Section 2(b)(2) SUMMARY: 60.3, are the minimum that are required. Technical information or of Executive Order 12778. comments are requested on the They should not be construed to mean proposed Base (1% annual-chance) that the community must change any List of Subjects in 44 CFR Part 67 existing ordinances that are more Flood Elevations (BFEs) and proposed Administrative practice and BFE modifications for the communities stringent in their floodplain management requirements. The procedure, Flood insurance, Reporting listed below. The BFEs and modified and recordkeeping requirements. BFEs are the basis for the floodplain community may at any time enact stricter requirements of its own, or Accordingly, 44 CFR Part 67 is management measures that the proposed to be amended as follows: community is required either to adopt pursuant to policies established by other or to show evidence of being already in Federal, State, or regional entities. PART 67—[AMENDED] effect in order to qualify or remain These proposed elevations are used to qualified for participation in the meet the floodplain management 1. The authority citation for Part 67 National Flood Insurance Program requirements of the NFIP and are also continues to read as follows: used to calculate the appropriate flood (NFIP). Authority: 42 U.S.C. 4001 et seq.; insurance premium rates for new Reorganization Plan No. 3 of 1978, 3 CFR, DATES: The comment period is ninety buildings built after these elevations are (90) days following the second 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, made final, and for the contents in these 3 CFR, 1979 Comp., p. 376. publication of this proposed rule in a buildings. newspaper of local circulation in each National Environmental Policy Act. § 67.4 [Amended] community. This proposed rule is categorically 2. The tables published under the ADDRESSES: The proposed BFEs for each excluded from the requirements of 44 authority of § 67.4 are proposed to be community are available for inspection CFR Part 10, Environmental amended as follows:

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*Elevation in feet Source of flooding and location of referenced elevation (NGVD) Communities affected Existing Modified

Little Blue River: Approximately 6,650 feet downstream of U.S. Highway 81 ...... None ...... *1,440 Thayer County, NE (Unincorporated Areas). City of Hebron, NE. Approximately 14,320 feet upstream of South First Street ...... None ...... *1,459

ADDRESSES Thayer County, Nebraska Maps are available for inspection at the Thayer County Courthouse, 225 North Fourth Street, Hebron, Nebraska. Send comments to Mr. Chris Frye, Zoning Administrator, P.O. Box 401, Hebron, Nebraska 68370. City of Hebron, Nebraska Maps are available for inspection at City Hall, City of Hebron, 216 Lincoln Avenue, Hebron, Nebraska. Send comments to Mr. David Farnstrom, Zoning Administrator, 216 Lincoln Avenue, Hebron, Nebraska 68370.

Bear Creek: Mouth at Great Miami River ...... N/A ...... *704 Village of New Lebanon, OH. At the confluence of Diehl Run (approximately 5,600 feet upstream of N/A ...... *881 City of Miamisburg, OH. U.S. Highway 35). City of Moraine, OH. Montgomery County, OH. Diehl Run: Confluence at Bear Creek ...... N/A ...... *881 Village of New Lebanon, OH. Approximately 35 feet downstream of North Johnsonville Road ...... N/A ...... *960 Montgomery County, OH. Dry Run: Just upstream of Free Pike ...... N/A ...... *804 City of Clayton, OH. City of Dayton, OH. Approximately 710 feet upstream of Union Road ...... N/A ...... *943 City of Trotwood, OH. Montgomery County, OH. Garber Run: Mouth at Bear Creek ...... N/A ...... *856 Montgomery County, OH. Approximately 6,200 feet upstream of Old Dayton Road ...... N/A ...... *934 Holes Creek: Just upstream of CSX Railroad ...... *725 ...... *722 City of Centerville, OH. City of Moraine, OH. Approximately 200 feet upstream of Silverlake Drive ...... N/A ...... *914 City of W. Carrolton, OH. Montgomery County, OH. Little Bear Creek: Confluence at Bear Creek ...... N/A ...... *775 Montgomery County, OH. Approximately 2,870 feet upstream of Old Dayton Road ...... N/A ...... *935 North Branch Wolf Creek: Just upstream of Oakes Road ...... N/A ...... *860 City of Clayton, OH. City of Trotwood, OH. Just downstream of Interstate 70/U.S. Highway 49 ...... N/A ...... *944 Montgomery County, OH. Poplar Creek: Approximately 250 feet downstream of East Stonequarry Road ...... *864 ...... *865 City of Vandalia, OH. Approximately 580 feet upstream of East Stonequarry Road ...... *874 ...... *875 Spring Run: Confluence at Little Bear Creek ...... N/A ...... *819 Montgomery County, OH. Approximately 2,000 feet upstream of North Snyder Road ...... N/A ...... *916

ADDRESSES City of Centerville, Ohio Maps are available for inspection at the Municipal Government Center, 100 West Spring Valley Road, Centerville, Ohio. Send comments to Mr. Mike Murray, Assistant City Engineer, City of Centerville, 100 West Spring Valley Road, Centerville, Ohio 45458. City of Clayton, Ohio Maps are available for inspection at the City Administration Building, 6996 Taywood Road, Englewood, Ohio. Send comments to Mr. Brian Elkins, Zoning Director, City of Clayton, P.O. Box 280, Clayton, Ohio 45315–0280. City of Dayton, Ohio Maps are available for inspection at the Planning and Community Development Office, 101 West Third Street, Dayton, Ohio. Send comments to Mr. Michael Cromartie, Building Inspection Manager, City of Dayton, 271 West Second Street, Dayton, Ohio 45402. City of Miamisburg, Ohio Maps are available for inspection at City Annex Building, 10 North First Street, Miamisburg, Ohio. Send comments to Mr. John Creech, City Planner, 10 North First Street, Miamisburg, Ohio 45342. City of Moraine, Ohio Maps are available for inspection at the Community Development Department, Municipal Building, 4200 Dryden Road, Moraine, Ohio. Send comments to Mr. Scott Young, Building and Zoning Administrator, City of Moraine, Municipal Building, 4200 Dryden Road, Moraine, Ohio 45439. Village of New Lebanon, Ohio

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*Elevation in feet Source of flooding and location of referenced elevation (NGVD) Communities affected Existing Modified

Maps are available for inspection at the Municipality of New Lebanon Village Offices, 198 South Clayton Road, New Lebanon, Ohio. Send comments to Mr. Allen Moe, Village Engineer, 3939 Vanco Lane, Vandalia, Ohio 45377. City of Trotwood, Ohio Maps are available for inspection at the Department of Public Works, Trotwood Government Center, 4 Strader Drive, Trotwood, Ohio. Send comments to Mr. Thomas Odenigbo, Public Works Director, Department of Public Works, Trotwood Government Center, 4 Strader Drive, Trotwood, Ohio 45426–2600. City of Vandalia, Ohio Maps are available for inspection at the City of Vandalia City Building, 333 James E. Bohanan Memorial Drive, Vandalia, Ohio 45377. Send comments to Mr. Robert G. Galvin, P.E., Deputy City Engineer, City of Vandalia, City Engineer’s Office, 333 James E. Bohanan Memorial Drive, Vandalia, Ohio 45449. City of West Carrollton, Ohio Maps are available for inspection at the City of West Carrollton Civic Center, 300 East Central Avenue, West Carrollton, Ohio. Send comments to Mr. David Humphreys, Director of Planning and Economic Development, City of West Carrollton Civic Center, 300 East Cen- tral Avenue, West Carrollton, Ohio 45449. Montgomery County, Ohio Maps are available for inspection at Montgomery County Administration Building, 451 West Third Street, Room 800, Dayton, Ohio. Send comments to Mr. Joseph Litvin, Montgomery County Engineer, Montgomery County Administration Building, 451 West Third Street, Room 800, Dayton, Ohio 45422.

(Catalog of Federal Domestic Assistance No. DATES: Comments are due on or before repeal any such regulations that are no 83.100, ‘‘Flood Insurance.’’) April 23, 2004 and reply comments are longer in the public interest. Since the Dated: February 11, 2004. due on or before May 24, 2004. release of the biennial review reports, Anthony S. Lowe, FOR FURTHER INFORMATION CONTACT: Jay the Commission has considered Mitigation Division Director, Emergency Jackson, Wireless Telecommunications modifying or repealing certain Preparedness and Response Directorate. Bureau, at (202) 418–0620. regulations by issuing notices of [FR Doc. 04–3813 Filed 2–20–04; 8:45 am] SUPPLEMENTARY INFORMATION: This is a proposed rulemakings as appropriate. BILLING CODE 6718–04–P summary of the Federal This NPRM addresses additional Communications Commission’s Notice proposals, identified in the 2000 and/or of Proposed Rulemaking (NPRM), FCC 2002 biennial review reports, to FEDERAL COMMUNICATIONS 03–334, in WT Docket No. 03–264, streamline and harmonize WRS rules COMMISSION adopted on December 29, 2003, and that may no longer be necessary in the released on January 7, 2004. The full public interest pursuant to section 11 of 47 CFR Parts 1, 22, 24, 27 and 90 text of the NPRM is available for the Act. 2. To a great extent, technological [WT Docket No. 03–264; FCC 03–334] inspection and copying during normal business hours in the FCC Reference changes and/or successive changes to various Commission licensing rules Biennial Regulatory Review— Information Center, 445 12th Street, have made it appropriate to review Streamlining and Harmonizing Various SW., Room CY–A257, Washington, DC whether many of these rules are Rules Affecting Wireless Radio 20554. The complete text may be obsolete and no longer in the public Services purchased from the Commission’s duplicating contractor, Qualex interest. Accordingly, the NPRM seeks AGENCY: Federal Communications International, 445 12th Street, SW., comment on streamlining and Commission. Room CY–B402, Washington, DC 20554, harmonizing these rules if they no ACTION: Proposed rule. (202) 863–2893. The complete text may longer serve the public interest in their also be downloaded at: www.fcc.gov. current form notwithstanding any SUMMARY: In this document, the findings regarding the level of Commission opens a proceeding to Synopsis of MO&O competition among existing services. In streamline and harmonize licensing 1. In the 2000 Biennial Review Report its 2002 Biennial Review Report, the provisions in the wireless radio services and 2002 Biennial Review Report, the Commission clarified the scope and (WRS) that were identified in part Commission supported proposals to standard of review for future during the Commission’s 2000 and 2002 streamline, harmonize, and update a proceedings conducted pursuant to biennial regulatory reviews pursuant to number of regulations after reviewing section 11. In so doing, the Commission the Communications Act of 1934, as various WRS rule parts pursuant to acknowledged that it has broad amended (‘‘Communications Act’’ or section 11 of the Act. Section 11 of the discretion to review the continued need ‘‘Act’’). Specifically, the Commission Act requires the Commission to review for any rule even in the absence of a proposes various amendments to the biennially its regulations that are congressional mandate such as section rules to modify or eliminate provisions applicable to providers of 11. Accordingly, this NPRM seeks that treat licensees differently and/or telecommunications service in order to comment pursuant to the Commission’s have become outdated as a result of determine whether any rule is ‘‘no broad authority to consider any technological change, supervening longer necessary in the public interest proposed modifications to or changes to related Commission rules, as the result of meaningful economic eliminations of these existing rules and/or increased competition within competition.’’ Following such reviews, under the Commission’s general public WRS. the Commission is required to modify or interest standard. Under this broader

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standard for review, this NPRM requesting only that a frequency be such that these actions will be treated as generally seeks comment on inter alia deleted from an authorization fall under minor modifications under part 1 of the the appropriateness of certain rules in the exemptions of § 90.175(i) and thus Commission’s rules. The Commission light of key principles underlying the are exempt from the coordination invites comment on this tentative Commission’s approach to spectrum process. As support, CTIA argues that conclusion. The Commission also seeks management. the deletion of some frequencies from comment on whether there remains any an authorization is no different than the need for licensees to notify the Discussion cancellation of an entire authorization, applicable frequency coordinator of any 3. The Commission solicits comment which currently does not require any given deletion, if the rules are modified on various amendments to provisions in frequency coordination before being as proposed. parts 1, 22, 24, 27, and 90 of the rules. submitted to the Commission. The Commission seeks comment 6. The American Petroleum Institute Effective Radiated Power/Equivalent generally whether these provisions (API) makes a similar request that the Isotropically Radiated Power should be (1) streamlined as a result of Commission modify § 1.929(c)(4)(v) 9. In its comments in the 2000 competitive, technological, or and/or § 1.929(k) of the rules to biennial review proceeding, the subsequent administrative rule changes categorize the deletion of a site from a Wireless Communications Division of and/or (2) harmonized because they multi-site part 90 authorization as a the Telecommunications Industry treat similarly situated services minor modification which would Association (TIA) states that designating differently. Although many of these require neither frequency coordination FCC power limits in terms of ERP in the proposals are technical in nature and/or nor prior Commission approval. In lieu Cellular Radiotelephone Service limited in application to particular of coordination and prior approval, API (cellular) rules and EIRP in the WRS, they nonetheless are consistent advocates that such a change could be broadband Personal Communications with the Commission’s goal to achieved by filing a notification through Service (PCS) rules is ‘‘confusing to [its harmonize rules and streamline the the Universal Licensing System (ULS). members’] customers since it appears licensing obligations for all WRS API contends that ULS eliminated the that a dual mode phone [transmits] at licensees by eliminating unnecessary traditional reason to inform frequency different power levels at different rules, as appropriate. In addition, the coordinators when a licensee proposes frequencies.’’ TIA argues that having proposals are consistent with continued to delete a site (i.e., so they know when two different types of power limits in Commission efforts to move toward spectrum is available) because they can the same device could be confusing to innovative approaches to spectrum now access the information immediately those who do not possess a scientific or policy that are designed to maximize the in ULS. As a result, API concludes that engineering background. Therefore, TIA public interest benefits derived from the the requirement is now ‘‘an unnecessary requests that the Commission specify all use of radio spectrum. The Commission administrative burden upon the power limits in parts 22 and 24 of the also provides notice of and invites the licensee, with no corresponding public rules in terms of EIRP. TIA further public to review various administrative or private benefit.’’ recommends that EIRP be used corrections that it intends to make at the 7. In the 2002 BR Staff Report, universally in all parts of the conclusion of this proceeding to update Commission staff recommends that the Commission’s rules to end any and/or clarify certain WRS rules. While Commission consider both CTIA’s and confusion regarding ERP and EIRP. it is not necessary pursuant to the API’s proposals to determine whether 10. Although the Commission Administrative Procedure Act to seek rule changes are warranted. Staff found recommended in the 2000 Biennial comment on all of the proposed rule that requiring frequency coordination Review Report that a rulemaking changes in this item, the Commission and prior Commission approval for proposal be initiated to consider using does so to facilitate administrative deletions of a frequency or a transmitter EIRP exclusively in Commission rules, efficiency. site may no longer be in the public the Commission tentatively concludes interest. For example, staff states that that the costs of implementation and Classification of Part 90 Frequency and/ not applying the frequency coordination potential for greater confusion that or Transmitter Site Deletions as Minor requirement to frequency deletion could would likely be associated with making Modifications Under Part 1 ‘‘reduce the processing burden on both a wholesale conversion from ERP limits 4. Section 1.929(c)(4) of the applicants and frequency coordinators to EIRP limits outweigh the potential Commission’s rules requires that certain in cases in which the frequency benefits to those licensees who do not requests for modification to a site- coordination function is unnecessary.’’ possess the scientific or engineering specific part 90 authorization, including 8. The Commission tentatively expertise to distinguish between the two changes to the frequencies or locations concludes that a request to delete a standards. As TIA notes in its of base stations, are considered major frequency or a site from a multi-site comments, the conversion from ERP to modifications to the license which authorization under part 90 should be EIRP is a simple calculation and require prior Commission approval. considered a minor modification that ‘‘manufacturers realize that radio waves Pursuant to § 90.135(b) of the rules, a requires neither frequency coordination propagate differently above and below 1 site-specific part 90 licensee that makes nor the Commission’s prior approval. GHz.’’ Such a change in the rules would a modification request listed in The Commission agrees that frequency require extensive modifications, not § 1.929(c)(4) must submit its request to coordination in these cases is only for the Commission (e.g., the applicable frequency coordinator, unnecessary given that ULS now reprogramming the Universal Licensing unless the request falls within one of the provides frequency coordinators with System (ULS), amending international specific exemptions listed in § 90.175 of immediate access to frequency and site agreements negotiated in terms of ERP, the rules. information. It would be inconsistent to etc.), but also for licensees, frequency 5. In the 2002 biennial review require coordination for a deletion of a coordinators, manufacturers, and others proceeding, the Cellular site or a frequency when it is not in the wireless industry. Moreover, Telecommunications & Internet required for a request to cancel an entire because an EIRP limit is always a larger Association (CTIA) asks the authorization. The Commission number than the equivalent ERP limit, Commission to clarify that applications therefore proposes to amend its rules the Commission believes that restating

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all ERP limits as EIRP limits could directional antennas, the Commission ‘‘optimally balance the link between its likely cause some entities (e.g., stated, would help reduce the likelihood base stations and mobile units.’’ licensees, frequency coordinators, etc.) that PCS licensees would deploy base 15. In the 2002 BR Staff Report, to mistakenly think that the stations that could transmit a strong Commission staff agrees with Commission has increased the signal over distances well beyond a Powerwave and concludes that permitted power. The Commission mobile unit’s capability to respond. The § 24.232(a) should be modified in order seeks comment on this tentative Commission later clarified in 1994 that to regulate PCS base station conclusion. If parties disagree with this the power limits contained in 47 CFR transmissions in a technologically- tentative conclusion, they should 24.232 ‘‘apply to [ ] individual neutral manner. Staff believes that ‘‘the provide specific examples of how the components and not to the sum of all current rule may hinder the benefits of such a harmonization components at the entire base station.’’ development and deployment of outweigh the inevitable costs and 13. In comments filed in the 2002 technologies (e.g., the multi-carrier potentially greater confusion among the biennial review proceeding, Powerwave amplifiers described by Powerwave) public from such a conversion in the asserts that the power limitations that combine signals in innovative ways rules. contained in this rule section are overly yet do not increase the potential for restrictive. According to Powerwave, as harmful interference to neighboring Part 22 Transmitter Identification subscriber growth in PCS has increased systems.’’ 11. Section 22.303 of the dramatically since broadband PCS 16. Given the case presented by Commission’s rules provides, inter alia, systems were first authorized, the Powerwave and subsequent that ‘‘[t]he station call sign must be number of carriers (i.e., the individual recommendations of staff, the clearly and legibly marked on or near electrical signals that carry information) Commission seeks comment on whether every transmitting facility, other than required to provide the additional voice to relax the power limitations in mobile transmitters, of the station.’’ In channels has also increased. Powerwave § 24.232(a) by either amending the rule the 2002 biennial review proceeding, contends that, in order to ‘‘provide the to clarify that the output power limit of CTIA and the Rural Cellular Association same level of service over more carriers 100 watts applies on a per carrier basis (RCA) recommend that the Commission at the same distance, it is necessary to in the case of MCPAs or eliminating the eliminate this requirement in the increase power.’’ Moreover, Powerwave transmitter output power restriction in interest of commercial wireless asserts that the need for higher power its entirety. In view of the Commission’s regulatory parity, since wireless services levels has also increased because, due to goal to harmonize rules and promote the regulated under other parts of the increased local resistance to base station efficient use of spectrum across Commission’s rules are not subject to a construction, more PCS stations must be comparable WRS, the Commission seeks comparable obligation to post call sign collocated with cellular stations and, comment on whether there is any need information on each transmitter. The therefore, are spaced on a cellular for the transmitter power output Commission agrees with CTIA and RCA design. As a result, PCS licensees, restriction in part 24, and if so, whether that these rules should be harmonized according to Powerwave, are it can be modified to increase flexibility and tentatively concludes to delete the increasingly using multi-carrier power for PCS licensees to employ MCPAs. last sentence of § 22.303, thereby amplifiers (MCPAs) to operate their The Commission seeks comment on eliminating the transmitter-specific systems. which approach is more desirable given posting requirement for cellular and 14. Powerwave contends that the potential benefits to the public that other part 22 licensees. The Commission § 24.232(a) generally has the unintended would result from implementing either requests comment on this proposal, effect of thwarting PCS carriers’ revision to the PCS power limits. The including whether the absence of call response to this increased demand by Commission also requests comment on sign information on transmitting unfairly penalizing the use of MCPAs the likelihood of interference or facilities associated with other WRS that because the rule limits power per potential impact to the quality of PCS are not subject to part 22 has proved transmitter rather than per carrier. service associated with the two problematic to the public or other Powerwave asserts that the approaches. carriers in any way. Commission’s clarification in 1994 17. Parties favoring retaining the supports its position, but that the output power limit on a ‘‘per carrier’’ Part 24 Power and Antenna Height clarification was not incorporated into basis instead of a ‘‘per transmitter’’ basis Limits the Commission’s rules. Therefore, should provide definitions of the term 12. Section 24.232(a) of the Powerwave requests that the ‘‘carrier’’ for a rule that would not be Commission’s rules contains, inter alia, Commission, at the very least, amend ambiguous for any of the various types power limitations for broadband PCS. § 24.232 to provide that the output of modulation technology that could be Specifically, base stations are limited to power of each carrier must not exceed used and that can be complied with 1640 watts peak EIRP with an antenna 100 watts, instead of each transmitter. without difficulty. In this regard, the height up to 300 meters height above Powerwave, however, suggests that such Commission notes that compliance with average terrain (HAAT) and base station a restriction is nevertheless insufficient the output power rule occurs mainly transmitters are limited to 100 watts in today’s PCS environment, and through the equipment authorization peak output power. When the instead, proposes that the Commission process. This process places the burden Commission adopted the 100 watt eliminate the output power restriction of compliance through measurements transmitter power output limit in 1994, entirely and rely solely on the limit on on equipment manufacturers (such as it did so to ensure that broadband PCS radiated power. Either change, Powerwave) as opposed to PCS licensees utilizing the concurrent Powerwave contends, would not affect licensees. While compliance with the increase in EIRP limit for base stations the Commission’s intent to prevent PCS current rule is easily determined (i.e., from 100 to 1640 watts would use low licensees from operating a base station measuring the power capability of a power transmitters with high-gain, with a signal too powerful such that it transmitter is a well-established directional antennas, rather than high would ‘‘outrun its mobile units,’’ laboratory procedure), the Commission power transmitters with low-gain, non- because it is by now recognized that it is concerned that if the rule were directional antennas. Such use of is in the carrier’s self-interest to revised to state a limit on a per carrier

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basis, it may no longer be possible to shared use environment to ensure proposed revision would, despite its determine compliance through the efficient use and prevent interference.’’ intent, potentially increase interference. equipment authorization process, Therefore, the Commission seeks 22. In addition, § 90.210(m) specifies because neither the manufacturer, the comment on whether to eliminate the a resolution bandwidth of at least 10 measurement laboratory, nor the frequency coordination requirement for kHz when performing measurements Commission can know in advance how incumbent licensees operating on 800 under the condition of the unwanted many carriers the future owner of the MHz General Category frequencies on a emission being on a frequency below 1 MCPA (i.e., the PCS licensee) would non-shared basis, where such licensees GHz that is more than 50 kHz removed use. The Commission therefore asks propose new and/or modified facilities from the edge of the authorized parties to comment on how difficult and that do not expand the applicable bandwidth. Both Motorola and TIA expensive it might be for a PCS licensee interference contour. By limiting request that the Commission revise to monitor the power of each individual proposed elimination of the frequency § 90.210(m) to conform the emission carrier to ensure compliance with the coordination requirement to certain mask measurement method to the rule. In addition, commenters should categories, the Commission addresses standards set forth in Appendix S3, address whether or not a ‘‘per carrier’’ the staff’s concern that a number of Article 10 of the International rule would be technology-neutral if it shared use systems, including private, Telecommunications Union (ITU) Radio permitted licensees utilizing relatively public safety and SMR incumbents, are Regulations (ITU Regulation S3.10) narrower bandwidth technologies (e.g., protected. The Commission asks that which became effective on January 1, GSM) to operate with higher aggregate parties take this into consideration in 2003. According to Motorola, ITU power across their authorized spectrum their comments to the extent they Regulation S3.10 ‘‘serves to control than licensees utilizing relative broader support modification or elimination of unwanted out-of-band emissions more bandwidth technologies such as CDMA. the frequency coordination requirement stringently by increasing the resolution In their comments, parties should for certain 800 MHz General Category bandwidth under that condition to be consider other alternatives, including frequencies. 100 kHz, not 10 kHz.’’ The Commission tentatively concludes that it should whether or not a power spectral density Emission Masks limit (i.e., power per unit bandwidth) revise § 90.210(m) of its rules to would be more equitable and thus 20. Section 90.210 of the conform to ITU Regulation S3.10, preferable than a per-carrier wording. Commission’s rules describes several because it believes this revision will emission masks applicable to part 90 provide greater protection against Proposed Modifications to Part 90 transmitters. In comments in the 2002 interference. The Commission requests Frequency Coordination biennial review proceeding, Motorola comment on this tentative conclusion. notes that, while the standards imposed 18. Section 90.175(i) includes by this rule section generally serve the 800 MHz and 900 MHz Supplemental exemptions from the general public interest by limiting unwanted Information coordination obligation of part 90 emissions outside the authorized 23. Section 90.607 of the license applications. Among these bandwidth and thus minimizing Commission’s rules describes the exceptions, the Commission does not adjacent channel interference, Emission supplemental information that must be require evidence of frequency Mask G, set forth in § 90.210(g), limits furnished by applicants for 800 MHz coordination to accompany applications design flexibility without any and 900 MHz SMR systems. Under for 800 MHz Upper 200 and Lower 80 corresponding value in improved paragraph (a) of this rule, applicants SMR frequencies. In the 2002 biennial interference control. Motorola proposing to provide service on a review proceeding, CTIA asks the recommends that the Commission commercial basis in these bands must Commission to expand the exceptions to conform the Emission Mask G rule to supply, among other things, a statement the coordination requirements to the steps it has taken in recent years in of their ‘‘planned mode of operation’’ include the 800 MHz General Category adopting modulation-independent and a statement certifying that only frequencies. CTIA argues that because masks (emission masks D, E, and F) that eligible persons would be provided the 800 MHz General Category channels place no limitation on the spectral service on the licensee’s base station are now subject to competitive bidding power density profile within the facility. and are authorized by exclusive maximum authorized bandwidth. 24. In comments filed in the 2002 geographic areas, as the 800 MHz Upper Commission staff agrees with Motorola biennial review proceeding, PCIA—the 200 and Lower 80 SMR frequencies are, in its 2002 BR Staff Report and Wireless Infrastructure Association the need for frequency coordination is recommends that the Commission (PCIA) advocates eliminating no longer necessary. consider adopting Motorola’s request in § 90.607(a). Specifically, PCIA states 19. In the 2002 BR Staff Report, order to potentially enhance design that the system diagrams that were used Commission staff finds that the flexibility without diminishing when the 800 MHz band was originally frequency coordination requirements of interference protection. conceived have not been used by the § 90.175 may no longer be in the public 21. The Commission proposes to Commission for years and are no longer interest for certain 800 MHz General revise § 90.210(g) to eliminate paragraph necessary. Moreover, PCIA asserts that Category frequencies. However, staff (g)(1) and renumber the remaining the eligibility statement is no longer states that ‘‘the possible conversion of subsections. Not only will this change needed because the eligibility rules for existing site-by-site licensed general afford greater flexibility to equipment SMR end-users have been eliminated. In category frequencies to a different mode manufacturers, but it will conform the the 2000 BR Staff Report, Commission of operation (e.g., from conventional to Commission’s approach for this staff recommends the removal of trunked use), and the potential shared emission mask with its rules governing § 90.607(a) because it appears to serve use environment of the frequencies, a number of other emission masks no regulatory purpose and is makes [wholesale] elimination of the applicable to part 90 services. The inconsistent with the Commission’s coordination requirement a concern.’’ Commission requests comment on the policies regarding the flexible use of Staff also states that frequency potential benefits to the public of spectrum. The Commission believes that coordination ‘‘remains beneficial in a making this change, and whether this meaningful competition among the

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various wireless services has rendered licenses subject to this requirement has systems that could be accommodated on such requirements no longer necessary ended. Therefore, the Commission a single frequency, by limiting the ERP in the public interest because it believes tentatively concludes to eliminate of small footprint systems,’’ the market forces will encourage applicants paragraph (i) of § 90.631 from its rules, possibility of additional channel use is to operate their facilities in the proper as well as references to paragraph (i) in effectively prohibited by the manner without Commission § 90.631(b) of the rules. The requirement in § 90.621(b)(4) that involvement. The Commission, Commission seeks comment on this applicants protect all existing stations as therefore, tentatively concludes that it tentative conclusion. if the incumbent system was operating should delete § 90.607(a) to eliminate at 1000 watts ERP. PCIA also asserts that 800 MHz and 900 MHz Power and the reporting requirements. The the power limitation prevents these Antenna Height Commission invites comment on this smaller systems from limiting tentative conclusion. 27. Section 90.635 of the interference from cellular systems. Commission’s rules sets forth the Therefore, PCIA requests that the power 800 MHz and 900 MHz Trunked limitations on power and antenna limitations on 800 MHz and 900 MHz Systems Loading, Construction and height for 800 MHz and 900 MHz systems with an operational radius Authorization Requirements systems. In its comments in the 2002 below 32 kilometers be eliminated. The 25. Section 90.631 of the biennial review proceeding, PCIA asks Commission seeks comment on this Commission’s rules contains various the Commission to modify or eliminate proposal and asks that interested parties requirements for the authorization, the restrictions placed on two particular address the use of such systems in light construction, and loading of 800 MHz types of 800 MHz and 900 MHz of the Commission’s original goal of and 900 MHz trunked systems. PCIA systems—those located in ‘‘suburban’’ increasing the use of single frequencies, and CTIA request that the Commission areas as defined in the rule and those and whether lifting of these restrictions modify two of these requirements that whose service area requirements are less will help eliminate interference from they assert are no longer necessary. than 32 kilometers (i.e., what PCIA cellular systems. Section 90.631(d) of the Commission’s refers to as ‘‘campus-type’’ radio rules allows a licensee of an 800 MHz systems). System Authorization Limit in and 900 MHz SMR trunked system to 28. First, § 90.635(a) through (c) Geographic Areas request an additional five channels than differentiates between ‘‘urban’’ and 30. Section 90.653 of the rules states it has constructed without meeting the ‘‘suburban’’ conventional (i.e., non- that ‘‘[t]here shall be no limit on the loading requirements if the licensee trunked) systems, allowing a greater number of systems authorized to operate operates in a ‘‘rural area.’’ The rule maximum power (1000 watts vs. 500 in any one given area except that defines a ‘‘rural area’’ as either (1) an watts) and higher maximum antenna imposed by allocation limitations.’’ The area which is beyond the 100-mile height (304 meters vs. 152 meters) for Commission adopted this rule in 1982 radius of the designated center of urban conventional systems than pursuant to its decision to not restrict urbanized areas listed in the rule, or (2) suburban conventional systems. PCIA equipment manufacturers from holding an area that has a ‘‘waiting list.’’ In argues that such a distinction ‘‘no longer 800 MHz SMR licenses. CTIA asserts comments in the 2002 biennial review serves a useful purpose and should be that ‘‘[t]he rule is redundant and no proceeding, PCIA notes that waiting eliminated.’’ PCIA justifies this longer serves any regulatory purpose.’’ lists for 800 MHz and 900 MHz SMR conclusion by asserting that suburban Based on the fact that s have licensed frequencies were eliminated by the systems frequently must cover larger and will continue to license 800 and Commission in 1995 when the service areas than urban systems, and 900 MHz SMR frequencies using Commission switched to competitive therefore, a smaller maximum power competitive bidding for geographic-area bidding and geographic area licensing. limit economically restricts the ability authorizations, the Commission agrees As a result, PCIA requests that the of these licensees to serve the suburban with CTIA that this rule is no longer in Commission amend § 90.631(d) to delete areas. Moreover, PCIA asserts that the the public interest. Therefore, the the ‘‘waiting list’’ exception to the restrictions on suburban sites also Commission tentatively concludes that definition of a rural area. The prevent these licensees from § 90.653 should be removed. The Commission agrees with PCIA and seeks counteracting interference from cellular Commission seeks comment on this comment on a tentative conclusion to systems to the same extent as urban tentative conclusion. delete this exception to the definition of sites. The Commission seeks comment Reporting Requirement for Trunked a rural area. The Commission also seeks on PCIA’s proposal to modify § 90.635 comment on eliminating other to remove the distinction between urban SMR Loading Data references to waiting lists contained in and suburban sites when setting the 31. Section 90.658 of the § 90.631(d) of the rules. maximum power and antenna height Commission’s rules provides that site- 26. Section 90.631(i) provides that an limits for conventional 800 MHz and based licensees of trunked SMR systems incumbent (i.e., pre-auction) 900 MHz 900 MHz systems. The Commission licensed before June 1, 1993 must SMR licensee that has not met the believes there is a significant question provide loading data in order to either loading requirements set forth in as to whether the justification for such acquire additional channels or renew § 90.631(b) at the end of its initial five- distinction remains relevant in today’s their authorizations. Both PCIA and year license term will only be granted a marketplace. CTIA note that all SMR licenses issued renewal period of two years, in which 29. Second, PCIA asks the prior to June 1, 1993 have now been time the licensee must satisfy the Commission to eliminate the power through at least one renewal period, and loading requirements. CTIA states that restrictions on 800 MHz and 900 MHz therefore, advocate eliminating the rule. the requirement is obsolete because the systems with an operational radius of In the 2002 BR Staff Report, ‘‘timeframe for site-specific SMR 900 less than 32 kilometers in radius, which Commission staff finds this provision MHz systems to meet the loading PCIA refers to as ‘‘campus-type’’ radio may be an outdated and burdensome requirements has since expired.’’ The systems. PCIA states that although it requirement on SMR licensees, Commission agrees that the period of ‘‘appreciates the Commission’s original especially in light of the competition renewing incumbent 900 MHz SMR goal to maximize the number of radio among cellular, PCS, and 800/900 MHz

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SMR services. Accordingly, the 39. Section 22.946(c). Replace the 54. Section 90.743(c). Update the Commission tentatively concludes that cross-reference to § 22.144(b) with license term for Phase I non-nationwide it will eliminate § 90.658 as no longer § 1.955. licensees from five years to ten years. necessary in the public interest. The 40. Section 22.947(c). Update the Procedural Matters Commission seeks comment on this location for filing a cellular system proposal. information update (SIU) to ‘‘Federal Initial Regulatory Flexibility Analysis Communications Commission, Wireless 220 MHz Phase I Supplemental Progress 55. As required by the Regulatory Telecommunications Bureau, Mobility Reports Flexibility Act of 1980, as amended Division, 445 12th Street, SW., (RFA), the Commission has prepared 32. Section 90.737 of the Washington, DC 20554.’’ this present Initial Regulatory Commission’s rules sets forth the 41. Section 22.948(d). Delete the Flexibility Analysis (IRFA) of the supplemental progress reports that 220 cross-reference to § 22.144(a). possible significant economic impact on MHz Phase I licensees must file with the 42. Section 22.949(d). Replace the a substantial number of small entities by Commission. In the 2002 BR Staff cross-reference to § 22.122 with § 1.927. the policies and rules proposed in this Report, staff recommends that the 43. Section 22.953(b). Replace the NPRM. Written public comments are Commission consider whether certain cross-reference to § 1.929(h) with requested on this IRFA. Comments must rules applicable to the 220 MHz Phase § 1.929(a)–(b). be identified as responses to the IRFA I licensees continue to be necessary in 44. Section 22.953(c). Replace the and must be filed by the deadlines for the public interest in light of increased cross-reference to § 1.929(h) with comments on the NPRM provided in competition among CMRS providers. In § 1.929(k) of the Commission’s rules. paragraph 56 of the item. The particular, staff identifies § 90.737 as 45. Section 24.12. Delete the cross- Commission will send a copy of the imposing certain reporting requirements references to §§ 99.202(c) and 99.204. NPRM, including this IRFA, to the Chief and restrictions on assignments of 46. Section 24.843. Delete the entire Counsel for Advocacy of the Small unconstructed, site-based, 220 MHz section because similar ‘‘extension of Business Administration (SBA). Phase I licenses that were intended to time to construct’’ rules for other Need for, and Objectives of, the prevent speculation and trafficking in wireless services, including narrowband Proposed Rules licenses awarded by lottery. The PCS, were consolidated into § 1.946, Commission tentatively concludes that which applies to all Wireless Radio 56. The Commission believes that § 90.737 should be eliminated as no Services. streamlining and harmonizing certain longer necessary in the public interest 47. Section 27.3. Add ‘‘Part 74’’ to the licensing provisions in the wireless given recent competitive and other list of other applicable rule parts and radio services (WRS) would further developments. Licensing by lottery has renumber. Commission efforts to maintain clear been eliminated in the 220 MHz Service 48. Section 90.20(c)(3). Replace spectrum rights and obligations for and the Commission believes that these limitation 77 with 78 for frequency these licensees, fulfill the Commission’s reporting requirements may ‘‘impede 35.02; replace limitation 27 with 17 for mandate under section 11 of the the transferability of 220 MHz frequency 42.40; replace limitation 19 Communications Act to conduct spectrum’’ in a competitive CMRS with 29 for frequency 152.0075; replace biennial reviews, and support recent marketplace. The Commission seeks frequency 158.4725 with 159.4725; efforts to maximize the public benefits comment on this tentative conclusion. remove limitation 43 for frequencies derived from the use of the radio 156.165, 156.1725, 156.180, 156.1875, spectrum. Thus, in the Notice, the Corrections and Updates to WRS Rules 156.195, 156.2025, 156.225, 156.2325, Commission seeks comment on proposals—identified in the 2002 33. In a Report and Order in this 156.240, 158.985, 158.9925, 159.000, Biennial Review Report and related 2002 proceeding, the Commission intends to 159.0075, 159.015, 159.0225, 159.045, BR Staff Report, as well as the 2000 correct, update, or eliminate various 159.0525, 159.060, 159.0675, 159.075, Biennial Review Report and related 2000 rules in parts 1, 22, 24, 27, and 90. 159.0825, 159.105, 159.1125, 159.120, BR Staff Report—to streamline and While the Commission is not seeking 159.1275, 159.135, 159.1425, 159.165, harmonize WRS rules that are no longer specific comment on these changes, it 159.1725; and remove the frequency in the public interest and/or may be includes them to provide notice to the coordinator designation for frequencies obsolete as the result of increased public. The following are the 220.8025, 220.8075, 220.8125, 220.8175, competition within WRS pursuant to 220.8225, 220.8275, 220.8325, 220.8375, administrative changes it plans to make: section 11 of the Act. The Commission 220.8425, 220.8475, 221.8025, 221.8075, 34. Part 1, subpart F—Title. Correct discusses the potential impact of these 221.8125, 221.8175, 221.8225, 221.8275, the term ‘‘Wireless Telecommunications on small entities in the paragraphs that 221.8325, 221.8375, 221.8425, 221.8475. Services’’ to read ‘‘Wireless Radio follow. Services.’’ 49. Section 90.20(d). Eliminate Legal Basis 35. Section 1.927(g). Replace the redundancy by consolidating limitations cross-reference to § 1.948(h)(2) with 10 and 38 and update frequency table(s) 57. The potential actions on which § 1.948(i)(2). accordingly. comment is sought in this Notice would 50. Section 90.35(b)(3). Eliminate 36. Section 1.939(b). Eliminate the be authorized under sections 1, 4(i), 11, redundancy by deleting one of the two and 303(r), of the Communications Act third sentence which states that entries for frequency 35.48. manually filed petitions to deny can be of 1934, as amended, 47 U.S.C. 151, 51. Section 90.35(c). Remove 154(i), 161, and 303(r). filed at the Commission’s former office limitation 45. location. 52. Section 90.149. Add ‘‘Except as Description and Estimate of the Number 37. Section 1.955(a)(2). Replace the provided in subpart R of this part,’’ to of Small Entities to Which the Proposed cross-reference to § 1.948(c) with the beginning of Section 90.149(a) and Rules Will Apply § 1.946(c). eliminate 90.149(d). 58. The RFA requires that an initial 38. Section 22.946(b)(2). Replace the 53. Section 90.743(a). Replace the regulatory flexibility analysis be reference to Form 489 with Form 601. cross-reference to § 90.149 with § 1.949. prepared for notice-and-comment

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rulemaking proceedings, unless the 1997 had 1,000 or more employees. 373 licenses in the first 220 MHz Agency certifies that ‘‘the rule will not, Therefore, even if all twelve of these auction. A second auction included 225 if promulgated, have a significant firms were cellular telephone licenses: 216 EA licenses and 9 EAG impact on a substantial number of small companies, nearly all cellular carriers licenses. Fourteen companies claiming entities.’’ The RFA generally defines the are small businesses under the SBA’s small business status won 158 licenses. term ‘‘small entity’’ as having the same definition. A third auction included four licenses: meaning as the terms ‘‘small business,’’ 62. 220 MHz Radio Service—Phase I 2 BEA licenses and 2 EAG licenses in ‘‘small organization,’’ and ‘‘small Licensees. The 220 MHz service has the 220 MHz Service. No small or very governmental jurisdiction.’’ In addition, both Phase I and Phase II licenses. Phase small business won any of these the term ‘‘small business’’ has the same I licensing was conducted by lotteries in licenses. meaning as the term ‘‘small business 1992 and 1993. There are approximately 64. Lower 700 MHz Band Licenses. concern’’ under the Small Business Act. 1,515 such non-nationwide licensees The Commission adopted criteria for A small business concern is one which: and four nationwide licensees currently defining three groups of small (i) Is independently owned and authorized to operate in the 220 MHz businesses for purposes of determining operated; (ii) is not dominant in its field band. The Commission has not their eligibility for special provisions of operation; and (iii) satisfies any developed a definition of small entities such as bidding credits. The additional criteria established by the specifically applicable to such Commission has defined a small Small Business Administration (SBA). A incumbent 220 MHz Phase I licensees. business as an entity that, together with small organization is generally ‘‘any not- To estimate the number of such its affiliates and controlling principals, for-profit enterprise which is licensees that are small businesses, the has average gross revenues not independently owned and operated and Commission applies the small business exceeding $40 million for the preceding is not dominant in its field.’’ This IRFA size standard under the SBA rules three years. A very small business is describes and estimates the number of applicable to ‘‘Cellular and Other defined as an entity that, together with small entity licensees that may be Wireless Telecommunications’’ its affiliates and controlling principals, affected if the proposals in this Notice companies. This category provides that has average gross revenues that are not are adopted. a small business is a wireless company more than $15 million for the preceding 59. When identifying small entities employing no more than 1,500 persons. three years. Additionally, the lower 700 that could be affected by the According to the Census Bureau data for MHz Service has a third category of Commission’s new rules, the 1997, only twelve firms out of a total of small business status that may be Commission provides information 977 such firms that operated for the claimed for Metropolitan/Rural Service describing auctions results, including entire year in 1997, had 1,000 or more Area (MSA/RSA) licenses. The third the number of small entities that are employees. If this general ratio category is entrepreneur, which is winning bidders. The Commission continues in the context of Phase I 220 defined as an entity that, together with notes, however, that the number of MHz licensees, the Commission its affiliates and controlling principals, winning bidders that qualify as small estimates that nearly all such licensees has average gross revenues that are not businesses at the close of an auction are small businesses under the SBA’s more than $3 million for the preceding does not necessarily reflect the total small business standard. three years. The SBA has approved number of small entities currently in a 63. 220 MHz Radio Service—Phase II these small size standards. An auction particular service. The Commission Licensees. The 220 MHz service has of 740 licenses (one license in each of does not generally require that both Phase I and Phase II licenses. The the 734 MSAs/RSAs and one license in applicants provide business size Phase II 220 MHz service is subject to each of the six Economic Area information, except in the context of an spectrum auctions. The Commission has Groupings (EAGs)) commenced on assignment or transfer of control adopted a small business size standard August 27, 2002, and closed on application where unjust enrichment for defining ‘‘small’’ and ‘‘very small’’ September 18, 2002. Of the 740 licenses issues are implicated. Consequently, to businesses for purposes of determining available for auction, 484 licenses were assist the Commission in analyzing the their eligibility for special provisions sold to 102 winning bidders. Seventy- total number of potentially affected such as bidding credits and installment two of the winning bidders claimed small entities, the Commission requests payments. This small business standard small business, very small business or commenters to estimate the number of indicates that a ‘‘small business’’ is an entrepreneur status and won a total of small entities that may be affected by entity that, together with its affiliates 329 licenses. A second auction any rule changes resulting from this and controlling principals, has average commenced on May 28, 2003, and Notice. gross revenues not exceeding $15 closed on June 13, 2003, and included 60. The potential rules on which million for the preceding three years. A 256 licenses: 5 EAG licenses and 476 comment is sought in this NPRM, if ‘‘very small business’’ is defined as an CMA licenses. Seventeen winning adopted, would affect small entity entity that, together with its affiliates bidders claimed small or very small licensees of the services identified. and controlling principals, has average business status and won sixty licenses, gross revenues that do not exceed $3 and nine winning bidders claimed Wireless Radio Services million for the preceding three years. entrepreneur status and won 154 61. Cellular Licensees. The SBA has The SBA has approved these small size licenses. developed a small business size standards. Auctions of Phase II licenses 65. Upper 700 MHz Band Licenses. standard for small businesses in the commenced on September 15, 1998, and The Commission has authorized service category ‘‘Cellular and Other Wireless closed on October 22, 1998. In the first in the upper 700 MHz band. This Telecommunications.’’ Under that SBA auction, 908 licenses were auctioned in auction, previously scheduled for category, a business is small if it has three different-sized geographic areas: January 13, 2003, has been postponed. 1,500 or fewer employees. According to Three nationwide licenses, 30 Regional 66. Paging. The Commission has the Bureau of the Census, only twelve Economic Area Group (EAG) Licenses, adopted a size standard for ‘‘small firms out of a total of 977 cellular and and 875 Economic Area (EA) Licenses. businesses’’ for purposes of determining other wireless telecommunications Of the 908 licenses auctioned, 693 were their eligibility for special provisions firms that operated for the entire year in sold. Thirty-nine small businesses won such as bidding credits and installment

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payments. A small business is an entity of 93 ‘‘small’’ and ‘‘very small’’ business completed on December 8, 1997. Ten that, together with its affiliates and bidders won approximately 40 percent bidders claiming that they qualified as controlling principals, has average gross of the 1,479 licenses for Blocks D, E, and small businesses under the $15 million revenues not exceeding $15 million for F. On March 23, 1999, the Commission size standard won 38 geographic area the preceding three years. The SBA has reauctioned 155 C, D, E, and F Block licenses for the upper 200 channels in approved this definition. An auction of licenses; there were 113 small business the 800 MHz SMR band. A second Metropolitan Economic Area (MEA) winning bidders. auction for the 800 MHz band was held licenses commenced on February 24, 68. Narrowband PCS. The on January 10, 2002 and closed on 2000, and closed on March 2, 2000. Of Commission held an auction for January 17, 2002 and included 23 BEA the 2,499 licenses auctioned, 985 were Narrowband PCS licenses that licenses. One bidder claiming small sold. Fifty-seven companies claiming commenced on July 25, 1994, and business status won five licenses. small business status won 440 licenses. closed on July 29, 1994. A second 70. The auction of the 1,050 800 MHz An auction of Metropolitan Economic commenced on October 26, 1994 and SMR geographic area licenses for the Area (MEA) and Economic Area (EA) closed on November 8, 1994. For General Category channels began on licenses commenced on October 30, purposes of the first two Narrowband August 16, 2000, and was completed on 2001, and closed on December 5, 2001. PCS auctions, ‘‘small businesses’’ were September 1, 2000. Eleven bidders won Of the 15,514 licenses auctioned, 5,323 entities with average gross revenues for 108 geographic area licenses for the were sold. 132 companies claiming the prior three calendar years of $40 General Category channels in the 800 small business status purchased 3,724 million or less. Through these auctions, MHz SMR band qualified as small licenses. A third auction, consisting of the Commission awarded a total of businesses under the $15 million size 8,874 licenses in each of 175 EAs and forty-one licenses, 11 of which were standard. In an auction completed on 1,328 licenses in all but three of the 51 obtained by four small businesses. To December 5, 2000, a total of 2,800 MEAs commenced on May 13, 2003, ensure meaningful participation by Economic Area licenses in the lower 80 and closed on May 28, 2003. Seventy- small business entities in future channels of the 800 MHz SMR service seven bidders claiming small or very auctions, the Commission adopted a were sold. Of the 22 winning bidders, small business status won 2,093 two-tiered small business size standard. 19 claimed ‘‘small business’’ status and licenses. Currently, there are A ‘‘small business’’ is an entity that, won 129 licenses. Thus, combining all approximately 24,000 Private Paging together with affiliates and controlling three auctions, 40 winning bidders for site-specific licenses and 74,000 interests, has average gross revenues for geographic licenses in the 800 MHz Common Carrier Paging licenses. the three preceding years of not more SMR band claimed status as small According to the most recent Trends in than $40 million. A ‘‘very small business. 71. In addition, there are numerous Telephone Service, 608 private and business’’ is an entity that, together with incumbent site-by-site SMR licensees common carriers reported that they affiliates and controlling interests, has and licensees with extended were engaged in the provision of either average gross revenues for the three implementation authorizations in the paging or ‘‘other mobile’’ services. Of preceding years of not more than $15 800 and 900 MHz bands. The these, the Commission estimates that million. The SBA has approved these Commission does not know how many 589 are small, under the SBA-approved small business size standards. A third firms provide 800 MHz or 900 MHz small business size standard. The auction commenced on October 3, 2001 and closed on October 16, 2001. Here, geographic area SMR pursuant to Commission estimates that the majority five bidders won 317 (MTA and extended implementation of private and common carrier paging nationwide) licenses. Three of these authorizations, nor how many of these providers would qualify as small claimed status as a small or very small providers have annual revenues of no entities under the SBA definition. entity and won 311 licenses. more than $15 million. One firm has 67. Broadband Personal 69. Specialized Mobile Radio (SMR). over $15 million in revenues. The Communications Service (PCS). The The Commission awards ‘‘small entity’’ Commission assumes, for purposes of broadband PCS spectrum is divided into bidding credits in auctions for this analysis, that all of the remaining six frequency blocks designated A Specialized Mobile Radio (SMR) existing extended implementation through F, and the Commission has held geographic area licenses in the 800 MHz authorizations are held by small auctions for each block. The and 900 MHz bands to firms that had entities, as that small business size Commission has created a small revenues of no more than $15 million in standard is established by the SBA. business size standard for Blocks C and each of the three previous calendar 72. Private Land Mobile Radio F as an entity that has average gross years. The Commission awards ‘‘very (PLMR). PLMR systems serve an revenues of less than $40 million in the small entity’’ bidding credits to firms essential role in a range of industrial, three previous calendar years. For Block that had revenues of no more than $3 business, land transportation, and F, an additional small business size million in each of the three previous public safety activities. These radios are standard for ‘‘very small business’’ was calendar years. The SBA has approved used by companies of all sizes operating added and is defined as an entity that, these small business size standards for in all U.S. business categories, and are together with its affiliates, has average the 900 MHz Service. The Commission often used in support of the licensee’s gross revenues of not more than $15 has held auctions for geographic area primary (non-telecommunications) million for the preceding three calendar licenses in the 800 MHz and 900 MHz business operations. For the purpose of years. These small business size bands. The 900 MHz SMR auction began determining whether a licensee of a standards, in the context of broadband on December 5, 1995, and closed on PLMR system is a small business as PCS auctions, have been approved by April 15, 1996. Sixty bidders claiming defined by the SBA, the Commission the SBA. No small businesses within the that they qualified as small businesses could use the definition for ‘‘Cellular SBA-approved small business size under the $15 million size standard won and Other Wireless standards bid successfully for licenses 263 geographic area licenses in the 900 Telecommunications.’’ This definition in Blocks A and B. There were 90 MHz SMR band. The 800 MHz SMR provides that a small entity is any such winning bidders that qualified as small auction for the upper 200 channels entity employing no more than 1,500 entities in the Block C auctions. A total began on October 28, 1997, and was persons. The Commission does not

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require PLMR licensees to disclose microwave fixed licensee category small and very small business winning information about number of includes some large entities. bidders that won 119 licenses. employees, so the Commission does not 75. Wireless Communications 78. 218–219 MHz Service. The first have information that could be used to Services. This service can be used for auction of 218–219 MHz (previously determine how many PLMR licensees fixed, mobile, radiolocation, and digital referred to as the Interactive and Video constitute small entities under this audio broadcasting satellite uses. The Data Service or IVDS) spectrum resulted definition. Moreover, because PMLR Commission defined ‘‘small business’’ in 178 entities winning licenses for 594 licensees generally are not in the for the wireless communications Metropolitan Statistical Areas (MSAs). business of providing cellular or other services (WCS) auction as an entity with Of the 594 licenses, 567 were won by wireless telecommunications services average gross revenues of $40 million 167 entities qualifying as a small but instead use the licensed facilities in for each of the three preceding years, business. For that auction, the support of other business activities, the and a ‘‘very small business’’ as an entity Commission defined a small business as Commission is not certain that the with average gross revenues of $15 an entity that, together with its affiliates, Cellular and Other Wireless million for each of the three preceding has no more than a $6 million net worth Telecommunications category is years. The SBA has approved these and, after federal income taxes appropriate for determining how many definitions. The FCC auctioned (excluding any carry over losses), has no PLMR licensees are small entities for geographic area licenses in the WCS more than $2 million in annual profits this analysis. Rather, it may be more service. In the auction, which each year for the previous two years. appropriate to assess PLMR licensees commenced on April 15, 1997 and The Commission has defined a small under the standards applied to the closed on April 25, 1997, there were business as an entity that, together with particular industry subsector to which seven bidders that won 31 licenses that its affiliates and persons or entities that the licensee belongs. qualified as very small business entities, hold interests in such an entity and 73. The Commission’s 1994 Annual and one bidder that won one license their affiliates, has average annual gross Report on PLMRs indicates that at the that qualified as a small business entity. revenues not exceeding $15 million for end of fiscal year 1994, there were An auction for one license in the 1670– the preceding three years. A very small 1,087,267 licensees operating 1674 MHz band commenced on April business is defined as an entity that, 12,481,989 transmitters in the PLMR 30, 2003 and closed the same day. One together with its affiliates and persons bands below 512 MHz. Because any license was awarded. The winning or entities that hold interests in such an entity engaged in a commercial activity bidder was not a small entity. entity and its affiliates, has average is eligible to hold a PLMR license, the 76. 39 GHz Service. The Commission annual gross revenues not exceeding $3 revised rules in this context could defines ‘‘small entity’’ for 39 GHz million for the preceding three years. potentially impact every small business licenses as an entity that has average The SBA has approved of these in the United States. gross revenues of less than $40 million definitions. At this time, the 74. Fixed Microwave Services. Fixed in the three previous calendar years. Commission cannot estimate the microwave services include common ‘‘Very small business’’ is defined as an number of licenses that will be won by carrier, private-operational fixed, and entity that, together with its affiliates, entities qualifying as small or very small broadcast auxiliary radio services. has average gross revenues of not more businesses under its rules in future Currently, there are approximately than $15 million for the preceding three auctions of 218–219 MHz spectrum. 22,015 common carrier fixed licensees calendar years. The SBA has approved Given the success of small businesses in and 61,670 private operational-fixed these definitions. The auction of the the previous auction, and the licensees and broadcast auxiliary radio 2,173 39 GHz licenses began on April prevalence of small businesses in the licensees in the microwave services. 12, 2000, and closed on May 8, 2000. subscription television services and The Commission has not yet defined a The 18 bidders who claimed small message communications industries, the small business with respect to business status won 849 licenses. Commission assumes for purposes of microwave services. For purposes of 77. Local Multipoint Distribution this FRFA that in future auctions, many, this FRFA, the Commission will use the Service. An auction of the 986 Local and perhaps all, of the licenses may be SBA’s definition applicable to ‘‘Cellular Multipoint Distribution Service (LMDS) awarded to small businesses. and Other Wireless licenses began on February 18, 1998, 79. Location and Monitoring Service Telecommunications’’ companies—that and closed on March 25, 1998. The (LMS). Multilateration LMS systems use is, an entity with no more than 1,500 Commission defined ‘‘small entity’’ for non-voice radio techniques to determine persons. The Commission does not have LMDS licenses as an entity that has the location and status of mobile radio data specifying the number of these average gross revenues of less than $40 units. For purposes of auctioning LMS licensees that have more than 1,500 million in the three previous calendar licenses, the Commission has defined employees, and thus is unable at this years. An additional classification for ‘‘small business’’ as an entity that, time to estimate with greater precision ‘‘very small business’’ was added and is together with controlling interests and the number of fixed microwave service defined as an entity that, together with affiliates, has average annual gross licensees that would qualify as small its affiliates, has average gross revenues revenues for the preceding three years business concerns under the SBA’s of not more than $15 million for the not exceeding $15 million. A ‘‘very small business size standard. preceding three calendar years. These small business’’ is defined as an entity Consequently, the Commission regulations defining ‘‘small entity’’ in that, together with controlling interests estimates that there are 22,015 or fewer the context of LMDS auctions have been and affiliates, has average annual gross small common carrier fixed licensees approved by the SBA. There were 93 revenues for the preceding three years and 61,670 or fewer small private winning bidders that qualified as small not exceeding $3 million. These operational-fixed licensees and small entities in the LMDS auctions. A total of definitions have been approved by the broadcast auxiliary radio licensees in 93 small and very small business SBA. An auction for LMS licenses the microwave services that may be bidders won approximately 277 A Block commenced on February 23, 1999, and affected by the rules and policies licenses and 387 B Block licenses. On closed on March 5, 1999. Of the 528 adopted herein. The Commission notes, March 27, 1999, the Commission re- licenses auctioned, 289 licenses were however, that the common carrier auctioned 161 licenses; there were 32 sold to four small businesses. The

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Commission cannot accurately predict bidding procedures to resolve mutually 86. Future 24 GHz Licensees. With the number of remaining licenses that exclusive applications. The respect to new applicants in the 24 GHz could be awarded to small entities in Commission’s licensing database band, the Commission has defined future LMS auctions. indicates that, as of January 20, 1999, ‘‘small business’’ as an entity that, 80. Rural Radiotelephone Service. The there were a total of 8,670 MAS station together with controlling interests and Commission uses the SBA definition authorizations. Of these, 260 affiliates, has average annual gross applicable to cellular and other wireless authorizations were associated with revenues for the three preceding years telecommunication companies, i.e., an common carrier service. In addition, an not exceeding $15 million. ‘‘Very small entity employing no more than 1,500 auction for 5,104 MAS licenses in 176 business’’ in the 24 GHz band is defined persons. There are approximately 1,000 EAs began November 14, 2001, and as an entity that, together with licensees in the Rural Radiotelephone closed on November 27, 2001. Seven controlling interests and affiliates, has Service, and the Commission estimates winning bidders claimed status as small average gross revenues not exceeding $3 that there are 1,000 or fewer small entity or very small businesses and won 611 million for the preceding three years. licensees in the Rural Radiotelephone licenses. The SBA has approved these Service that may be affected by the rules 84. With respect to the second definitions. The Commission will not and policies adopted herein. category, which consists of entities that know how many licensees will be small 81. Air-Ground Radiotelephone use, or seek to use, MAS spectrum to or very small businesses until the Service. The Commission uses the SBA accommodate their own internal auction, if required, is held. definition applicable to cellular and communications needs, the Commission 87. 700 MHz Guard Band Licenses. other wireless telecommunication notes that MAS serves an essential role The Commission has adopted size companies, i.e., an entity employing no in a range of industrial, safety, business, standards for ‘‘small businesses’’ and more than 1,500 persons. There are and land transportation activities. MAS ‘‘very small businesses’’ for purposes of approximately 100 licensees in the Air- radios are used by companies of all determining their eligibility for special Ground Radiotelephone Service, and the sizes, operating in virtually all U.S. provisions such as bidding credits and Commission estimates that almost all of business categories, and by all types of installment payments. A small business them qualify as small entities under the public safety entities. For the majority of in this service is an entity that, together SBA definition. private internal users, the definitions with its affiliates and controlling 82. Offshore Radiotelephone Service. developed by the SBA would be more principals, has average gross revenues This service operates on several ultra appropriate. The applicable definition not exceeding $40 million for the high frequency (UHF) TV broadcast of small entity in this instance appears preceding three years. Additionally, a channels that are not used for TV to be the ‘‘Cellular and Other Wireless ‘‘very small business’’ is an entity that, broadcasting in the coastal area of the Telecommunications’’ definition under together with its affiliates and states bordering the Gulf of Mexico. At the SBA rules. This definition provides controlling principals, has average gross present, there are approximately 55 that a small entity is any entity revenues that are not more than $15 licensees in this service. The employing no more than 1,500 persons. million for the preceding three years. Commission uses the SBA definition The Commission’s licensing database SBA approval of these definitions is not applicable to cellular and other wireless indicates that, as of January 20, 1999, of required. An auction of 52 Major telecommunication companies, i.e., an the 8,670 total MAS station Economic Area (MEA) licenses entity employing no more than 1,500 authorizations, 8,410 authorizations commenced on September 6, 2000, and persons. The Commission is unable at were for private radio service, and of closed on September 21, 2000. Of the this time to estimate the number of these, 1,433 were for private land 104 licenses auctioned, 96 licenses were licensees that would qualify as small mobile radio service. sold to nine bidders. Five of these entities under the SBA definition. The 85. Incumbent 24 GHz Licensees. The bidders were small businesses that won Commission assumes, for purposes of rules that the Commission adopts could a total of 26 licenses. A second auction this FRFA, that all of the 55 licensees affect incumbent licensees who were of 700 MHz Guard Band licenses are small entities, as that term is defined relocated to the 24 GHz band from the commenced on February 13, 2001, and by the SBA. 18 GHz band, and applicants who wish closed on February 21, 2001. All eight 83. Multiple Address Systems (MAS). to provide services in the 24 GHz band. of the licenses auctioned were sold to Entities using MAS spectrum, in The Commission did not develop a three bidders. One of these bidders was general, fall into two categories: (1) definition of small entities applicable to a small business that won a total of two Those using the spectrum for profit- existing licensees in the 24 GHz band. licenses. based uses, and (2) those using the Therefore, the applicable definition of 88. Multipoint Distribution Service, spectrum for private internal uses. With small entity is the definition under the Multichannel Multipoint Distribution respect to the first category, the SBA rules for ‘‘Cellular and Other Service, and Instructional Television Commission defines ‘‘small entity’’ for Wireless Telecommunications.’’ This Fixed Service. Multichannel Multipoint MAS licenses as an entity that has definition provides that a small entity is Distribution Service (MMDS) systems, average gross revenues of less than $15 any entity employing no more than often referred to as ‘‘wireless cable,’’ million in the three previous calendar 1,500 persons. The Commission believes transmit video programming to years. ‘‘Very small business’’ is defined that there are only two licensees in the subscribers using the microwave as an entity that, together with its 24 GHz band that were relocated from frequencies of the Multipoint affiliates, has average gross revenues of the 18 GHz band, Teligent and TRW, Distribution Service (MDS) and not more than $3 million for the Inc. It is the Commission’s Instructional Television Fixed Service preceding three calendar years. The understanding that Teligent and its (ITFS). In connection with the 1996 SBA has approved of these definitions. related companies have less than 1,500 MDS auction, the Commission defined The majority of these entities will most employees, though this may change in ‘‘small business’’ as an entity that, likely be licensed in bands where the the future. TRW is not a small entity. together with its affiliates, has average Commission has implemented a Thus, only one incumbent licensee in gross annual revenues that are not more geographic area licensing approach that the 24 GHz band is a small business than $40 million for the preceding three would require the use of competitive entity. calendar years. The SBA has approved

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of this standard. The MDS auction 92. Cable System Operators (Rate January 14, 2004. Accordingly, there are resulted in 67 successful bidders Regulation Standard). The Commission no licensees in this service. obtaining licensing opportunities for has developed, with SBA approval, its Private Wireless Radio Services 493 Basic Trading Areas (BTAs). Of the own definition of a small cable system 67 auction winners, 61 claimed status as operator for purposes of rate regulation. 95. Amateur Radio Service. These a small business. At this time, the Under the Commission’s rules, a ‘‘small licensees are believed to be individuals, Commission estimates that of the 61 cable company’’ is one serving fewer and therefore are not small entities. small business MDS auction winners, 48 than 400,000 subscribers nationwide. 96. Aviation and Marine Services. remain small business licensees. In Based on the Commission’s most recent Small businesses in the aviation and addition to the 48 small businesses that information, the Commission estimates marine radio services use a very high hold BTA authorizations, there are that there were 1,439 cable operators frequency (VHF) marine or aircraft radio approximately 392 incumbent MDS that qualified as small cable companies and, as appropriate, an emergency licensees that have gross revenues that at the end of 1995. Since then, some of position-indicating radio beacon (and/or are not more than $40 million and are those companies may have grown to radar) or an emergency locator thus considered small entities. serve over 400,000 subscribers, and transmitter. The Commission has not 89. In addition, the SBA has others may have been involved in developed a small business size developed a small business size transactions that caused them to be standard specifically applicable to these standard for Cable and Other Program combined with other cable operators. small businesses. For purposes of this Distribution, which includes all such The Commission’s rules define a ‘‘small analysis, the Commission uses the SBA companies generating $12.5 million or system,’’ for purposes of rate regulation, small business size standard for the less in annual receipts. According to as a cable system with 15,000 or fewer category ‘‘Cellular and Other Telecommunications,’’ which is 1,500 Census Bureau data for 1997, there were subscribers. The Commission does not or fewer employees. Most applicants for a total of 1,311 firms in this category, request nor does the Commission collect recreational licenses are individuals. total, that had operated for the entire information concerning cable systems Approximately 581,000 ship station year. Of this total, 1,180 firms had serving 15,000 or fewer subscribers, and licensees and 131,000 aircraft station annual receipts of under $10 million, thus is unable to estimate, at this time, licensees operate domestically and are and an additional 52 firms had receipts the number of small cable systems not subject to the radio carriage of $10 million or more but less than $25 nationwide. requirements of any statute or treaty. million. Consequently, the Commission 93. Cable System Operators (Telecom estimates that the majority of providers For purposes of the Commission’s Act Standard). The Communications in this service category are small evaluations in this analysis, the Act, as amended, also contains a size businesses that may be affected by the Commission estimates that there are up standard for a small cable system rules and policies proposed in the to approximately 712,000 licensees that operator, which is ‘‘a cable operator Notice. are small businesses (or individuals) 90. Finally, while SBA approval for a that, directly or through an affiliate, under the SBA standard. In addition, Commission-defined small business size serves in the aggregate fewer than 1 between December 3, 1998 and standard applicable to ITFS is pending, percent of all subscribers in the United December 14, 1998, the Commission educational institutions are included in States and is not affiliated with any held an auction of 42 VHF Public Coast this analysis as small entities. There are entity or entities whose gross annual licenses in the 157.1875–157.4500 MHz currently 2,032 ITFS licensees, and all revenues in the aggregate exceed (ship transmit) and 161.775–162.0125 but 100 of these licenses are held by $250,000,000.’’ The Commission has MHz (coast transmit) bands. For educational institutions. Thus, the determined that there are 68,500,000 purposes of the auction, the Commission tentatively concludes that subscribers in the United States. Commission defined a ‘‘small’’ business at least 1,932 ITFS licensees are small Therefore, an operator serving fewer as an entity that, together with businesses. than 685,000 subscribers shall be controlling interests and affiliates, has 91. Cable Television Relay Service. deemed a small operator if its annual average gross revenues for the preceding This service includes transmitters revenues, when combined with the total three years not to exceed $15 million generally used to relay cable annual revenues of all of its affiliates, do dollars. In addition, a ‘‘very small’’ programming within cable television not exceed $250 million in the business is one that, together with system distribution systems. The SBA aggregate. Based on available data, the controlling interests and affiliates, has has defined a small business size Commission finds that the number of average gross revenues for the preceding standard for Cable and other Program cable operators serving 685,000 three years not to exceed $3 million Distribution, consisting of all such subscribers or less totals approximately dollars. There are approximately 10,672 companies having annual receipts of no 1,450. Although it seems certain that licensees in the Marine Coast Service, more than $12.5 million. According to some of these cable system operators are and the Commission estimates that Census Bureau data for 1997, there were affiliated with entities whose gross almost all of them qualify as ‘‘small’’ 1,311 firms in the industry category annual revenues exceed $250,000,000, businesses under the special small Cable and Other Program Distribution, the Commission is unable at this time to business size standards. total, that operated for the entire year. estimate with greater precision the 97. Personal Radio Services. Personal Of this total, 1,180 firms had annual number of cable system operators that radio services provide short-range, low receipts of $10 million or less, and an would qualify as small cable operators power radio for personal additional 52 firms had receipts of $10 under the definition in the communications, radio signaling, and million or more but less than $25 Communications Act. business communications not provided million. Thus, under this standard, the 94. Multichannel Video Distribution for in other services. The Personal Radio Commission estimates that the majority and Data Service. MVDDS is a terrestrial Services include spectrum licensed of providers in this service category are fixed microwave service operating in under part 95 of its rules. These services small businesses that may be affected by the 12.2–12.7 GHz band. No auction has include Citizen Band Radio Service the rules and policies proposed in the yet been held in this service, although (CB), General Mobile Radio Service Notice. an action has been scheduled for (GMRS), Radio Control Radio Service

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(R/C), Family Radio Service (FRS), number of Commission licensees of posting requirement for cellular and Wireless Medical Telemetry Service wireless services. Specifically, the other part 22 licensees. Although (WMTS), Medical Implant NPRM proposes various amendments to adoption of such an amendment would Communications Service (MICS), Low parts 1, 22, 24, 27, and 90 of the rules benefit both small and large entities, Power Radio Service (LPRS), and Multi- to modify or eliminate provisions that many of the businesses in these radio Use Radio Service (MURS). There are a (i) have become outdated as a result of services are small entities. The NPRM variety of methods used to license the technological change, supervening also proposes inter alia that a request to spectrum in these rule parts, from changes to related Commission rules, or delete a frequency or a site from a multi- licensing by rule, to conditioning increased competition within WRS, site authorization under part 90 should operation on successful completion of a and/or (ii) should be harmonized be considered a minor modification that required test, to site-based licensing, to because they treat similarly situated requires neither frequency coordination geographic area licensing. Under the services differently. Although many of nor the Commission’s prior approval. RFA, the Commission is required to these proposals are technical in nature Many part 90 licensees are small entities make a determination of which small and/or limited in application to specific that could benefit from this rule change. entities are directly affected by the rules WRS, they nonetheless are consistent 103. In the NPRM, then, the being adopted. Since all such entities with the Commission’s spectrum policy Commission has set forth various are wireless, the Commission applies goals to harmonize rules and streamline options it is considering for each rule, the definition of cellular and other the licensing obligations for all WRS from modifying rules to eliminating wireless telecommunications, pursuant licensees by eliminating unnecessary them altogether. As discussed in the to which a small entity is defined as rules, as appropriate. The NPRM also Notice, the effect of any rule change on employing 1,500 or fewer persons. seeks comment on various the regulatory burden of licensees will Many of the licensees in these services administrative corrections to update be a significant criterion in determining are individuals, and thus are not small and/or clarify certain rules affecting a appropriate Commission action. The entities. In addition, due to the mostly broad range of WRS. Commission notes that the entire intent unlicensed and shared nature of the underlying its actions here is to lessen Steps Taken to Minimize Significant spectrum utilized in many of these the levels of regulation, consistent with Economic Impact on Small Entities, and services, the Commission lacks direct its mandate for undertaking biennial Significant Alternatives Considered information upon which to base an reviews. The Commission seeks estimation of the number of small 101. The RFA requires an agency to comment on any additional appropriate entities under an SBA definition that describe any significant, specifically alternatives and especially alternatives might be directly affected by the small business, alternatives that it has that may further reduce economic proposed rules. considered in reaching its proposed impacts on small entities. 98. Despite the paucity, or in some approach, which may include the Federal Rules That May Duplicate, instances, total absence, of information following four alternatives (among Overlap, or Conflict With the Proposed about their status as licensees or others): ‘‘(i) The establishment of Rules regulatees or the number of operators in differing compliance or reporting each such service, users of spectrum in requirements or timetables that take into 104. None. these services are listed here as a matter account the resources available to small Initial Paperwork Reduction Act of Commission discretion in order to entities; (ii) the clarification, Analysis fulfill the mandate imposed on the consolidation, or simplification of Commission by the Regulatory compliance or reporting requirements 105. This NPRM contains either a Flexibility Act to regulate small under the rule for small entities; (iii) the proposed or modified information business entities with an understanding use of performance, rather than design, collection. As part of the continuing towards preventing the possible standards; and (iv) an exemption from effort to reduce paperwork burdens, the differential and adverse impact of the coverage of the rule, or any part thereof, Commission invites the general public Commission’s rules on smaller entities. for small entities.’’ and the Office of Management and Further, the listing of such entities, 102. A number of the Commission’s Budget (OMB) to comment on the despite their indeterminate status, technical, operational and service rules information collections contained in should provide them with fair and affecting various WRS may be this NPRM, as required by the adequate notice of the possible impact determined to be inconsistent or Paperwork Reduction Act of 1995, of the proposals contained in the Notice. outdated. Therefore, modifying or Public Law 104–13. Public and agency 99. Public Safety Radio Services. eliminating these rules should decrease comments are due at the same time as Public Safety radio services include the costs associated with regulatory other comments on this NPRM; OMB police, fire, local government, forestry compliance for service providers, comments are due April 23, 2004. conservation, highway maintenance, provide additional flexibility in the Comments should address: (1) Whether and emergency medical services. There provision of service and manufacturing the proposed collection of information are a total of approximately 127,540 of equipment, and enhance the market is necessary for the proper performance licensees in these services. demand for some services. The of the functions of the Commission, Governmental entities as well as private Commission therefore anticipates that, including whether the information shall businesses comprise the licensees for although it seems likely that there will have practical utility; (2) the accuracy of these services. All governmental entities be a significant economic impact on a the Commission’s burden estimates; (3) with populations of less than 50,000 fall substantial number of small entities, ways to enhance the quality, utility, and within the definition of a small entity. there will be no adverse economic clarity of the information collected; and impact on small entities. In fact, the (4) ways to minimize the burden of the Description of Projected Reporting, proposed rule changes may particularly collection of information on the Recordkeeping and Other Compliance benefit small entities. For example, the respondents, including the use of Requirements Notice proposes to delete the last automated collection techniques or 100. The policies proposals in this sentence of § 22.303, thereby other forms of information technology. NPRM could apply to a significant eliminating the transmitter-specific A copy of any comments on the

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information collections contained personal copy of their comments must Street, SW., Washington, DC, 20554, or herein should be submitted to Judith B. file an original plus nine copies. If paper e-mail at [email protected]. Herman, Federal Communications filings are hand-delivered or messenger- 113. Availability of documents. Commission, 445 12th St., SW., Room delivered for the Commission’s Comments, reply comments, and ex 1–C804, Washington, DC 20554, or via Secretary, they must be delivered to the parte submissions will be available for the Internet to Judith- Commission’s contractor, Natek, Inc., at public inspection during regular [email protected], and to Kristy L. 236 Massachusetts Avenue, NE., Suite business hours in the FCC Reference LaLonde, OMB Desk Officer, 10236 New 110, Washington, DC 20002–4913. To Information Center, Federal Executive Office Building, 724 17th St., receive an official ‘‘Office of the Communications Commission, 445 12th NW., Washington, DC 20503, or via the Secretary’’ date stamp, documents must Street, SW., Room CY–A257, Internet to be addressed to Marlene H. Dortch, Washington, D.C. 20554. These [email protected]. Secretary, Federal Communications documents also will be available electronically at the Commission’s Comment Filing Procedures Commission. (The filing hours at this facility are 8 a.m. to 7 p.m.) If paper Disabilities Issues Task Force Web site, 106. Comments and reply comments. filings are submitted by mail through www.fcc.gov/dtf, and from the Pursuant to applicable procedures set the U.S. Postal Service (First Class mail, Commission’s Electronic Comment forth in §§ 1.415 and 1.419 of the Priority Mail, and Express Mail), they Filing System. Documents are available Commission’s rules, interested parties must be sent to the Commission’s electronically in ASCII text, Word 97, may file comments in response to this Secretary, Marlene H. Dortch, Federal and Adobe Acrobat. Copies of filings in NPRM in WT Docket No. 03–264 on or Communications Commission, Office of this proceeding may be obtained from before April 23, 2004 and reply the Secretary, 445 12th Street, SW., Qualex International, Portals II, 445 comments on or before May 24, 2004. Washington DC 20554. If paper filings 12th Street, SW., Room CY–B402, 107. Form of comments. In order to are submitted by commercial overnight Washington, DC, 20554, telephone (202) facilitate staff review of the record in courier (i.e., by overnight delivery other 863–2893, facsimile (202) 863–2898, or this proceeding, parties that submit than through the U.S. Postal Service), via e-mail at [email protected]. This comments or reply comments in this such as by Federal Express or United document is also available in alternative proceeding are requested to provide a Parcel Service, they must be sent to the formats (computer diskette, large print, table of contents with their comments. Commission’s Secretary, Marlene H. audio cassette, and Braille). Persons Such a table of contents should, where Dortch, Federal Communications who need documents in such formats applicable, parallel the table of contents Commission, Office of the Secretary, may contact Brian Millin at (202) 418– of the NPRM. 7426, TTY (202) 418–7365, 108. How to file comments. Comments 9300 East Hampton Drive, Capitol Heights, MD 20743. (The filing hours at [email protected], or send an e-mail may be filed either by filing to [email protected]. electronically, such as by using the this facility are 8 a.m. to 5:30 p.m.) Commission’s Electronic Comment 111. Parties may also file with the Ex Parte Presentations Filing System (ECFS), or by filing paper Commission some form of electronic 114. This is a permit-but-disclose copies. media submission (e.g., diskettes, CDs, rulemaking proceeding, subject to the 109. Parties are strongly urged to file tapes, etc.) as part of their filings. In ‘‘permit-but-disclose’’ requirements their comments using ECFS (given order to avoid possible adverse affects under § 1.1206(b) of the Commission’s recent changes in the Commission’s on such media submissions (potentially rules. Ex parte presentations are mail delivery system). Comments filed caused by irradiation techniques used to permissible if disclosed in accordance through the ECFS can be sent as an ensure that mail is not contaminated), with Commission rules, except during electronic file via the Internet to . Only should not be sent through the U.S. presentations, ex parte or otherwise, are one copy of an electronic submission Postal Service. Hand-delivered or generally prohibited. Persons making must be filed. In completing the messenger-delivered electronic media oral ex parte presentations are reminded transmittal screen, the electronic filer submissions should be delivered to the that a memorandum summarizing a should include its full name, Postal Commission’s contractor, Natek, Inc., at presentation must contain a summary of Service mailing address, and the 236 Massachusetts Avenue, NE., Suite the substance and not merely a listing applicable docket or rulemaking 110, Washington, DC 20002–4913. of the subjects discussed. More than a number, WT Docket No. 03–264. Parties Electronic media sent by commercial one or two sentence description of the also may submit comments overnight courier should be sent to the views and arguments presented is electronically by Internet e-mail. To Commission’s Secretary, Marlene H. generally required. Additional rules receive filing instructions for e-mail Dortch, Federal Communications pertaining to oral and written comments, commenters should send an Commission, Office of the Secretary, presentations are set forth in 47 CFR e-mail to [email protected], and should 9300 East Hampton Drive, Capitol 1.1206(b) of the Commission’s rules. include the following words in the body Heights, MD 20743. Parties submitting written ex parte of the message, ‘‘get form .’’ A sample form and choose to file electronically or by paper, parte presentations are urged to use the directions will be sent in reply. they should also send one copy of any ECFS in accordance with the 110. Parties who choose to file by documents filed, either by paper or by Commission rules discussed. Parties paper may submit such filings by hand e-mail, to each of the following: (1) filing paper ex parte submissions must or messenger delivery, by U.S. Postal Qualex International, Portals II, 445 file an original and one copy of each Service mail (First Class, Priority, or 12th Street, SW., Room CY–B402, submission with the Commission’s Express Mail), or by commercial Washington, DC, 20554, facsimile (202) Secretary, Marlene H. Dortch, at the overnight courier. Parties must file an 863–2898, or e-mail at appropriate address for filings sent by original and four copies of each filing in [email protected]; and (2) Jay Jackson, either U.S. mail, overnight delivery, or WT Docket No. 03–264. Parties that Mobility Division, Wireless hand or messenger delivery. Parties want each Commissioner to receive a Telecommunications Bureau, 445 12th must also serve the following with

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either one copy of each ex parte filing DEPARTMENT OF DEFENSE requirements, and policies/procedures via e-mail or two paper copies: (1) that have a significant effect beyond the Qualex International, Portals II, 445 48 CFR Parts 201 and 202 internal operating procedures of DoD or 12th Street, SW., Room CY–B402, [DFARS Case 2003–D090] a significant cost or administrative Washington, DC, 20554, telephone (202) impact on contractors or offerors. 863–2893, facsimile (202) 863–2898, or Defense Federal Acquisition Additional information on the DFARS e-mail at [email protected]; and (2) Jay Regulation Supplement; Procedures, Transformation initiative is available at Jackson, Mobility Division, Wireless Guidance, and Information http://www.acq.osd.mil/dp/dars/ Telecommunications Bureau, 445 12th transf.htm. Street, SW., Washington, DC, 20554, or AGENCY: Department of Defense (DoD). e-mail at [email protected]. ACTION: Proposed rule with request for This proposed rule establishes the comments. framework for a new DFARS companion Contact Information resource, Procedures, Guidance, and SUMMARY: DoD is proposing to amend 115. The Wireless Information (PGI), which will contain the Defense Federal Acquisition Telecommunications Bureau contact for mandatory and non-mandatory internal Regulation Supplement (DFARS) to this proceeding is Jay Jackson at (202) DoD procedures, non-mandatory define a companion resource to the 418–0620, e-mail at guidance, and supplemental DFARS that will contain mandatory and [email protected]. Press inquires information. PGI will not be published non-mandatory internal DoD should be directed to Lauren K. Patrich, in the Code of Federal Regulations, but procedures, non-mandatory guidance, Wireless Telecommunications Bureau, will be available electronically at and supplemental information. This at (202) 418–7944, TTY at (202) 418– http://www.acq.osd.mil/dp/dars/ new resource, entitled Procedures, 7233, or e-mail at dfars.html. Use of PGI will enable DoD Guidance, and Information, is a result of [email protected]. to more rapidly convey internal a transformation initiative undertaken administrative and procedural Ordering Clauses by DoD to dramatically change the purpose and content of the DFARS. information to the acquisition 116. Pursuant to the authority workforce. The HTML version of the DATES: Comments on the proposed rule contained in §§ 1, 4(i), 11, and 303(r) of DFARS available at http:// should be submitted in writing to the the Communications Act of 1934, as www.acq.osd.mil/dp/dars/dfars.html amended, 47 U.S.C. 151, 154(i), 161, address shown below on or before April 23, 2004, to be considered in the will contain computerized links to the and 303(r), this notice of proposed corresponding PGI sections. rulemaking is hereby adopted. formation of the final rule. ADDRESSES: Respondents may submit This rule was not subject to Office of 117. The Commission’s Consumer comments via the Internet at http:// Management and Budget review under Information Bureau, Reference emissary.acq.osd.mil/dar/dfars.nsf/ Executive Order 12866, dated Information Center, shall send a copy of pubcomm. As an alternative, September 30, 1993. this notice of proposed rulemaking, respondents may e-mail comments to: including the Initial Regulatory B. Regulatory Flexibility Act [email protected]. Please cite DFARS Case Flexibility Analysis, to the Chief 2003–D090 in the subject line of e- Counsel for Advocacy of the Small DoD does not expect this rule to have mailed comments. Business Administration. a significant economic impact on a Respondents that cannot submit substantial number of small entities List of Subjects comments using either of the above within the meaning of the Regulatory methods may submit comments to: 47 CFR Part 1 Flexibility Act, 5 U.S.C. 601, et seq., Defense Acquisition Regulations because the new DFARS companion Communications common carriers, Council, Attn: Ms. Michele Peterson, resource will contain only procedures, Radio, Telecommunications. OUSD (AT&L) DPAP (DAR), IMD 3C132, guidance, and information that have no 3062 Defense Pentagon, Washington, DC 47 CFR Part 22 significant effect beyond the internal 20301–3062; facsimile (703) 602–0350. operating procedures of DoD and no Please cite DFARS Case 2003–D090. Communications common carriers, significant cost or administrative impact At the end of the comment period, Radio, Reporting and recordkeeping on contractors or offerors. Therefore, requirements. interested parties may view public comments on the Internet at http:// DoD has not performed an initial 47 CFR Part 24 emissary.acq.osd.mil/dar/dfars.nsf. regulatory flexibility analysis. DoD invites comments from small businesses FOR FURTHER INFORMATION CONTACT: Ms. Personal Communications Services, and other interested parties. DoD also Michele Peterson, (703) 602–0311. Radio. will consider comments from small SUPPLEMENTARY INFORMATION: 47 CFR Part 27 entities concerning the affected DFARS A. Background subparts in accordance with 5 U.S.C. Wireless Communications Services. 610. Such comments should be DFARS Transformation is a major submitted separately and should cite 47 CFR Part 90 DoD initiative to dramatically change DFARS Case 2003–D090. Administrative practice and the purpose and content of the DFARS. procedure, Reporting and recordkeeping The objective is to improve the C. Paperwork Reduction Act requirements. efficiency and effectiveness of the acquisition process, while allowing the The Paperwork Reduction Act does Federal Communications Commission. acquisition workforce the flexibility to not apply because the rule does not Marlene H. Dortch, innovate. The transformed DFARS will impose any information collection Secretary. contain only requirements of law, DoD- requirements that require the approval [FR Doc. 04–3730 Filed 2–20–04; 8:45 am] wide policies, delegations of FAR of the Office of Management and Budget BILLING CODE 6712–01–P authorities, deviations from FAR under 44 U.S.C. 3501, et seq.

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List of Subjects in 48 CFR Parts 201 and definition of ‘‘Procedures, Guidance, emissary.acq.osd.mil/dar/dfars.nsf/ 202 and Information (PGI)’’ to read as pubcomm. As an alternative, Government procurement. follows: respondents may e-mail comments to: [email protected]. Please cite DFARS Case Michele P. Peterson, 202.101 Definitions. 2003–D012 in the subject line of e- Executive Editor, Defense Acquisition * * * * * mailed comments. Procedures, Guidance, and Regulations Council. Respondents that cannot submit Information (PGI) means a companion Therefore, DoD proposes to amend 48 comments using either of the above resource to the DFARS that— CFR Parts 201 and 202 as follows: (1) Contains mandatory internal DoD methods may submit comments to: 1. The authority citation for 48 CFR procedures. The DFARS will direct Defense Acquisition Regulations Parts 201 and 202 continues to read as Council, Attn: Mr. Euclides Barrera, follows: compliance with mandatory procedures using imperative language such as OUSD (AT&L) DPAP (DAR), IMD 3C132, Authority: 41 U.S.C. 421 and 48 CFR ‘‘Follow the procedures at * * * ’’ or 3062 Defense Pentagon, Washington, DC Chapter 1. similar directive language; 20301–3062; facsimile (703) 602–0350. Please cite DFARS Case 2003–D012. PART 201—FEDERAL ACQUISITION (2) Contains non-mandatory internal At the end of the comment period, REGULATIONS SYSTEM DoD procedures and guidance and supplemental information to be used at interested parties may view public 2. Section 201.105–3 is revised to read the discretion of the contracting officer. comments on the Internet at http:// as follows: The DFARS will point to non- emissary.acq.osd.mil/dar/dfars.nsf. mandatory procedures, guidance, and 201.105–3 Copies. FOR FURTHER INFORMATION CONTACT: Mr. information using permissive language Euclides Barrera, (703) 602–0296. The DFARS and the DFARS such as ‘‘The contracting officer may Procedures, Guidance, and Information use * * * ’’ or ‘‘Additional information SUPPLEMENTARY INFORMATION: (PGI) are available electronically via the is available at * * * ’’ or other similar A. Background World Wide Web at http:// language; www.acq.osd.mil/dp/dars/dfars.html. (3) Is numbered similarly to the DFARS Transformation is a major 3. Section 201.201–70 is added to DFARS, except that each PGI numerical DoD initiative to dramatically change read as follows: designation is preceded by the letters the purpose and content of the DFARS. 201.201–70 Maintenance of Procedures, ‘‘PGI’’; and The objective is to improve the Guidance, and Information. (4) Is available electronically at http:/ efficiency and effectiveness of the The DAR Council is also responsible /www.acq.osd.mil/dp/dars/dfars.html. acquisition process, while allowing the for maintenance of the DFARS * * * * * acquisition workforce the flexibility to Procedures, Guidance, and Information [FR Doc. 04–3699 Filed 2–20–04; 8:45 am] innovate. The transformed DFARS will contain only requirements of law, DoD- (PGI). BILLING CODE 5001–08–P 4. Section 201.301 is amended by wide policies, delegations of FAR revising paragraph (a) to read as follows: authorities, deviations from FAR DEPARTMENT OF DEFENSE requirements, and policies/procedures 201.301 Policy. that have a significant effect beyond the (a)(1) DoD implementation and 48 CFR Parts 203, 209, and 252 internal operating procedures of DoD or supplementation of the FAR is issued in a significant cost or administrative [DFARS Case 2003–D012] the Defense Federal Acquisition impact on contractors or offerors. Regulation Supplement (DFARS) under Defense Federal Acquisition Additional information on the DFARS authorization and subject to the Regulation Supplement; Improper Transformation initiative is available at authority, direction, and control of the Business Practices and Contractor http://www.acq.osd.mil/dp/dars/ Secretary of Defense. The DFARS Qualifications Relating to Debarment, transf.htm. contains— Suspension, and Business Ethics This proposed rule is a result of the (i) Requirements of law; DFARS Transformation initiative. The (ii) DoD-wide policies; AGENCY: Department of Defense (DoD). proposed changes include— (iii) Delegations of FAR authorities; ACTION: Proposed rule with request for • Consolidation of requirements for (iv) Deviations from FAR comments. requirements; and reporting violations and suspected (v) Policies/procedures that have a SUMMARY: DoD is proposing to amend violations of certain requirements into a significant effect beyond the internal the Defense Federal Acquisition new section at DFARS 203.070. This operating procedures of DoD or a Regulation Supplement (DFARS) to results in elimination of DFARS significant cost or administrative impact streamline and clarify text pertaining to sections 203.103, 203.103–2, and on contractors or offerors. debarment, suspension, and improper 203.104–10; subparts 203.2, 203.3, and (2) Relevant procedures, guidance, business practices. This proposed rule is 203.4; and sections 203.502 and and information that do not meet the a result of a transformation initiative 203.570–4. criteria in paragraph (a)(1) of this undertaken by DoD to dramatically • Streamlining of text at DFARS section are issued in the DFARS change the purpose and content of the 203.570–1 and 203.570–2 relating to Procedures, Guidance, and Information DFARS. prohibitions on persons convicted of (PGI). DATES: Comments on the proposed rule fraud or other defense-contract-related * * * * * should be submitted in writing to the felonies. address shown below on or before April • Revision of the clause at 252.203– PART 202—DEFINITIONS OF WORDS 23, 2004, to be considered in the AND TERMS 7001, Prohibition on Persons Convicted formation of the final rule. of Fraud or Other Defense-Contract- 5. Section 202.101 is amended by ADDRESSES: Respondents may submit Related Felonies, to remove unnecessary adding, in alphabetical order, a comments via the Internet at http:// references to first-tier subcontracts in

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paragraphs (b) and (d). Paragraph (g) of PART 203—IMPROPER BUSINESS 203.570–3 and 203.570–4 [Removed] the clause adequately addresses PRACTICES AND PERSONAL 7. Sections 203.570–3 and 203.570–4 requirements for flow down to first-tier CONFLICTS OF INTEREST are removed. subcontracts. • Deletion of text at DFARS 203.570– 2. Section 203.070 is added to read as 203.570–5 [Redesignated as 203.570–3] 3 relating to internal DoD procedures for follows: 8. Section 203.570–5 is redesignated as 203.570–3. waiver of the 5-year period for 203.070 Reporting of violations and prohibitions on persons convicted of suspected violations. PART 209—CONTRACTOR fraud or other defense-contract-related Report violations and suspected QUALIFICATIONS felonies; and deletion of text at DFARS violations of the following requirements 209.105–2, 209.406–3, and 209.407–3 in accordance with 209.406–3 or 9. Section 209.105–2 is revised to read containing internal DoD procedures for 209.407–3 and DoDD 7075.5, as follows: referral of matters to agency debarment Coordination of Remedies for Fraud and and suspension officials. This text will 209.105–2 Determinations and Corruption Related to Procurement documentation. be relocated to the new DFARS Activities: companion resource, Procedures, (a) For guidance on submission of (a) Certificate of Independent Price Guidance, and Information (PGI). A determinations to the appropriate Determination (FAR 3.103). proposed rule describing the purpose debarring and suspending official, see (b) Procurement integrity (FAR 3.104). PGI 209.105–2(a). and structure of PGI is published (c) Gratuities clause (FAR Subpart elsewhere in this issue of the Federal 10. Section 209.406–3 is revised to 203.2). read as follows: Register under DFARS Case 2003–D090, (d) Antitrust laws (FAR 3.303). Procedures, Guidance, and Information. (e) Covenant Against Contingent Fees 209.406–3 Procedures. This rule was not subject to Office of (FAR 3.405). Refer all matters appropriate for Management and Budget review under (f) Anti-kickback Act (FAR 3.502). consideration by an agency debarring Executive Order 12866, dated (g) Prohibitions on persons convicted and suspending official as soon as September 30, 1993. of defense-related contract felonies practicable to the appropriate debarring B. Regulatory Flexibility Act (203.570). and suspending official identified in DoD does not expect this rule to have 203.103, 203.103–2, and 203.104–10 209.403. Any person may refer a matter a significant economic impact on a [Removed] to the debarring and suspending official. Follow the procedures at PGI 209.406– substantial number of small entities 3. Sections 203.103, 203.103–2, and within the meaning of the Regulatory 3. 203.104–10 are removed. 11. Section 209.407–3 is revised to Flexibility Act, 5 U.S.C. 601, et seq., read as follows: because the rule streamlines and Subparts 203.2 through 203.4 clarifies existing regulations, with no [Removed] 209.407–3 Procedures. substantive change in policy. Therefore, 4. Subparts 203.2 through 203.4 are Refer all matters appropriate for DoD has not performed an initial removed. consideration by an agency debarring regulatory flexibility analysis. DoD and suspending official as soon as invites comments from small businesses 203.502 [Removed] practicable to the appropriate debarring and other interested parties. DoD also 5. Section 203.502 is removed. and suspending official identified in will consider comments from small 6. Sections 203.570–1 and 203.570–2 209.403. Any person may refer a matter entities concerning the affected DFARS are revised to read as follows: to the debarring and suspending official. subparts in accordance with 5 U.S.C. Follow the procedures at PGI 209.407– 203.570–1 Scope. 610. Such comments should be 3. submitted separately and should cite This subpart implements 10 U.S.C. DFARS Case 2003–D012. 2408. PART 252—SOLICITATION PROVISIONS AND CONTRACT C. Paperwork Reduction Act 203.570–2 Prohibition period. CLAUSES The Paperwork Reduction Act does DoD has sole responsibility for not apply because the rule does not determining the period of the 12. Section 252.203–7001 is amended impose any information collection prohibition described in paragraph (b) by revising the introductory text, clause requirements that require the approval of the clause at 252.203–7001, date, paragraph (b), paragraph (d) of the Office of Management and Budget Prohibition on Persons Convicted of introductory text, and paragraph (h) to under 44 U.S.C. 3501, et seq. Fraud or Other Defense-Contract- read as follows: Related Felonies. The prohibition 252.203–7001 Prohibition on Persons List of Subjects in 48 CFR Parts 203, period— 209, and 252 Convicted of Fraud or Other Defense- (a) Shall not be less than 5 years from Contract-Related Felonies. Government procurement. the date of conviction unless the agency As prescribed in 203.570–3, use the head or a designee grants a waiver in the Michele P. Peterson, following clause: interest of national security. Follow the Executive Editor, Defense Acquisition waiver procedures at PGI 203.570–2(a); Prohibition on Persons Convicted of Fraud or Regulations Council. Other Defense-Contract-Related Felonies and (XXX 2004) Therefore, DoD proposes to amend 48 (b) May be more than 5 years from the CFR Parts 203, 209, and 252 as follows: date of conviction if the agency head or * * * * * 1. The authority citation for 48 CFR a designee makes a written (b) Any individual who is convicted after Parts 203, 209, and 252 continues to September 29, 1988, of fraud or any other determination of the need for the longer felony arising out of a contract with the DoD read as follows: period. The agency shall provide a copy is prohibited from serving— Authority: 41 U.S.C. 421 and 48 CFR of the determination to the address at (1) In a management or supervisory Chapter 1. PGI 203.570–2(b). capacity on this contract;

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(2) On the board of directors of the 20301–3062; facsimile (703) 602–0350. Executive Order 12866, dated Contractor; Please cite DFARS Case 2003–D016. September 30, 1993. (3) As a consultant, agent, or representative At the end of the comment period, for the Contractor; or interested parties may view public B. Regulatory Flexibility Act (4) In any other capacity with the authority comments on the Internet at http:// to influence, advise, or control the decisions DoD does not expect this rule to have of the Contractor with regard to this contract. emissary.acq.osd.mil/dar/dfars.nsf. a significant economic impact on a FOR FURTHER INFORMATION CONTACT: Ms. * * * * * substantial number of small entities (d) 10 U.S.C. 2408 provides that the Teresa Brooks, (703) 602–0326. within the meaning of the Regulatory Contractor shall be subject to a criminal SUPPLEMENTARY INFORMATION: Flexibility Act, 5 U.S.C. 601, et seq., because the rule updates and relocates penalty of not more than $500,000 if A. Background convicted of knowingly— DFARS text, with no substantive change * * * * * DFARS Transformation is a major in policy. Therefore, DoD has not (h) Pursuant to 10 U.S.C. 2408(c), defense DoD initiative to dramatically change performed an initial regulatory contractors and subcontractors may obtain the purpose and content of the DFARS. flexibility analysis. DoD invites information as to whether a particular person The objective is to improve the comments from small businesses and has been convicted of fraud or any other efficiency and effectiveness of the other interested parties. DoD also will felony arising out of a contract with the DoD acquisition process, while allowing the consider comments from small entities by contacting The Office of Justice Programs, acquisition workforce the flexibility to concerning the affected DFARS subparts The Denial of Federal Benefits Office, U.S. innovate. The transformed DFARS will Department of Justice, telephone (301) 809– in accordance with 5 U.S.C. 610. Such contain only requirements of law, DoD- comments should be submitted 4904. wide policies, delegations of FAR (End of clause) separately and should cite DFARS Case authorities, deviations from FAR 2003–D016. [FR Doc. 04–3703 Filed 2–20–04; 8:45 am] requirements, and policies/procedures BILLING CODE 5001–08–P that have a significant effect beyond the C. Paperwork Reduction Act internal operating procedures of DoD or The Paperwork Reduction Act does a significant cost or administrative DEPARTMENT OF DEFENSE not apply because the rule does not impact on contractors or offerors. impose any information collection Additional information on the DFARS requirements that require the approval 48 CFR Parts 205, 226, 235, and 252 Transformation initiative is available at of the Office of Management and Budget http://www.acq.osd.mil/dp/dars/ under 44 U.S.C. 3501, et seq. [DFARS Case 2003–D016] transf.htm. This proposed rule is a result of the List of Subjects in 48 CFR Parts 205, Defense Federal Acquisition DFARS Transformation initiative. The 226, 235 and 252 Regulation Supplement; Publicizing proposed changes include— Contract Actions • Deletion of text at DFARS Government procurement. AGENCY: Department of Defense (DoD). 205.207(d)(ii) containing a notice to be Michele P. Peterson, included in acquisitions being ACTION: Proposed rule with request for considered for historically black college Executive Editor, Defense Acquisition comments. and university and minority institution Regulations Council. SUMMARY: DoD is proposing to amend (HBCU/MI) set-aside. This notice will be Therefore, DoD proposes to amend 48 the Defense Federal Acquisition relocated to the new DFARS companion CFR Parts 205, 226, 235, and 252 as Regulation Supplement (DFARS) to resource, Procedures, Guidance, and follows: update text pertaining to publicizing Information (PGI), with retention of a 1. The authority citation for 48 CFR contract actions. This proposed rule is policy statement in DFARS 205.207 Parts 205, 226, 235, and 252 continues a result of a transformation initiative regarding use of the notice, and addition to read as follows: undertaken by DoD to dramatically of a policy statement at DFARS 226.7003–2(c) regarding the requirement Authority: 41 U.S.C. 421 and 48 CFR change the purpose and content of the Chapter 1. DFARS. for an interested HBCU/MI to provide evidence of its capability and eligibility DATES: Comments on the proposed rule PART 205—PUBLICIZING CONTRACT (which is also addressed in the notice). ACTIONS should be submitted in writing to the A proposed rule describing the purpose address shown below on or before April and structure of PGI is published 2. Section 205.207 is revised to read 23, 2004, to be considered in the elsewhere in this issue of the Federal as follows: formation of the final rule. Register under DFARS Case 2003–D090, ADDRESSES: Respondents may submit Procedures, Guidance, and Information. 205.207 Preparation and transmittal of comments via the Internet at http:// • Redesignation of DFARS synopses. emissary.acq.osd.mil/dar/dfars.nsf/ 205.207(d)(iii) as 205.207(d)(ii), and (d)(i) For acquisitions being pubcomm. As an alternative, deletion of text that duplicates policy considered for historically black college respondents may e-mail comments to: found in 235.016. A reference to and university and minority institution [email protected]. Please cite DFARS Case 236.016 has been retained in newly set-asides under 226.7003— 2003–D016 in the subject line of e- designated 205.207(d)(ii). (A) Cite the appropriate Numbered • mailed comments. Deletion of unnecessary text at Note; and Respondents that cannot submit DFARS 205.207(e), 205.470–1, and (B) Include the notice at PGI comments using either of the above 205.502. The clause prescription at 205.207(d)(i). methods may submit comments to: 205.470–2 is redesignated as 205.470 Defense Acquisition Regulations and amended to include a statutory (ii) For broad agency announcement Council, Attn: Ms. Teresa Brooks, OUSD reference. notices, see 235.016. (AT&L) DPAP (DAR), IMD 3C132, 3062 This rule was not subject to Office of 3. Section 205.470 is revised to read Defense Pentagon, Washington, DC Management and Budget review under as follows:

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205.470 Contract clause. ACTION: Proposed rule with request for • Deletion of text at DFARS Use the clause at 252.205–7000, comments. 206.202(b) regarding documentation Provision of Information to Cooperative needed to support a DoD determination SUMMARY: Agreement Holders, in solicitations and DoD is proposing to amend to exclude a particular source from a contracts expected to exceed $500,000. the Defense Federal Acquisition contact action in order to establish or This clause implements 10 U.S.C. 2416. Regulation Supplement (DFARS) to maintain an alternative source of update text pertaining to competition supplies or services; and deletion of text 205.470–1 and 205.470–2 [Removed] requirements. This proposed rule is a at DFARS 206.302–2 containing 4. Sections 205.470–1 and 205.470–2 result of a transformation initiative examples of circumstances under which are removed. undertaken by DoD to dramatically use of other than full and open 5. Section 205.502 is revised to read change the purpose and content of the competition may be appropriate due to as follows: DFARS. unusual and compelling urgency. This DATES: Comments on the proposed rule text will be relocated to the new DFARS 205.502 Authority. should be submitted in writing to the companion resource, Procedures, (a) Newspapers. Heads of contracting address shown below on or before April Guidance, and Information (PGI). A activities are delegated authority to 23, 2004, to be considered in the proposed rule describing the purpose approve the publication of paid formation of the final rule. and structure of PGI is published advertisements in newspapers. ADDRESSES: Respondents may submit elsewhere in this issue of the Federal comments on the Internet at http:// Register under DFARS Case 2003–D090, PART 226—OTHER SOCIOECONOMIC emissary.acq.osd.mil/dar/dfars.nsf/ Procedures, Guidance, and Information. PROGRAMS pubcomm. As an alternative, • Deletion of obsolete text at DFARS 6. Section 226.7003–2 is amended by respondents may e-mail comments to: 206.302–1(b)(4) and deletion of revising paragraph (c) to read as follows: [email protected]. Please cite DFARS Case unnecessary text at DFARS 206.303–1(b) 2003–D017 in the subject line of e- and (c) and 206.303–2. 226.7003–2 Set-aside procedures. mailed comments. This rule was not subject to Office of * * * * * Respondents that cannot submit Management and Budget review under (c) Follow the special synopsis comments using either of the above Executive Order 12866, dated instructions in 205.207(d). Interested methods may submit comments to: September 30, 1993. HBCU/MIs must provide evidence of Defense Acquisition Regulations B. Regulatory Flexibility Act their capability to perform the contract, Council, Attn: Ms. Teresa Brooks, and a positive statement of their OUSD(AT&L)DPAP(DAR), IMD 3C132, DoD does not expect this rule to have eligibility, within 15 days of publication 3062 Defense Pentagon, Washington, DC a significant economic impact on a of the synopsis in order for the 20301–3062; facsimile (703) 602–0350. substantial number of small entities acquisition to proceed as an HCBU/MI Please cite DFARS Case 2003–D017. within the meaning of the Regulatory set-aside. At the end of the comment period, Flexibility Act, 5 U.S.C. 601, et seq., * * * * * interested parties may view public because the DFARS changes are limited comments on the Internet at http:// to clarifying revisions or deletion of text PART 235—RESEARCH AND emissary.acq.osd.mil/dar/dfars.nsf. that is unnecessary or internal to DoD. Therefore, DoD has not performed an DEVELOPMENT CONTRACTING FOR FURTHER INFORMATION CONTACT: Ms. Teresa Brooks, (703) 602–0326. initial regulatory flexibility analysis. 235.016 [Amended] DoD invites comments from small SUPPLEMENTARY INFORMATION: 7. Section 235.016 is amended in businesses and other interested parties. paragraph (2)(ii) by revising the A. Background DoD also will consider comments from small entities concerning the affected parenthetical to read ‘‘(see 205.207(d))’’. DFARS Transformation is a major DFARS subparts in accordance with 5 DoD initiative to dramatically change PART 252—SOLICITATION U.S.C. 610. Such comments should be the purpose and content of the DFARS. PROVISIONS AND CONTRACT submitted separately and should cite The objective is to improve the CLAUSES DFARS Case 2003–D017. efficiency and effectiveness of the 252.205–7000 [Amended] acquisition process, while allowing the C. Paperwork Reduction Act 8. Section 252.205–7000 is amended acquisition workforce the flexibility to The Paperwork Reduction Act does in the introductory text by removing innovate. The transformed DFARS will not apply because the rule does not ‘‘205.470–2’’ and adding in its place contain only requirements of law, DoD- impose any information collection ‘‘205.470’’. wide policies, delegations of FAR requirements that require the approval authorities, deviations from FAR [FR Doc. 04–3704 Filed 2–20–04; 8:45 am] of the Office of Management and Budget requirements, and policies/procedures under 44 U.S.C. 3501, et seq. BILLING CODE 5001–08–P that have a significant effect beyond the internal operating procedures of DoD or List of Subjects in 48 CFR Part 206 a significant cost or administrative DEPARTMENT OF DEFENSE Government procurement. impact on contractors or offerors. Michele P. Peterson, 48 CFR Part 206 Additional information on the DFARS Transformation initiative is available at Executive Editor, Defense Acquisition http://www.acq.osd.mil/dp/dars/ Regulations Council. [DFARS Case 2003–D017] transf.htm. Therefore, DoD proposes to amend 48 CFR part 206 as follows: Defense Federal Acquisition This proposed rule is a result of the 1. The authority citation for 48 CFR Regulation Supplement; Competition DFARS Transformation initiative. The part 206 continues to read as follows: Requirements proposed changes include— • Revision of DFARS 206.001 to Authority: 41 U.S.C. 421 and 48 CFR AGENCY: Department of Defense (DoD). clarify the text. Chapter 1.

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PART 206—COMPETITION proposed rule is a result of a requirements. This text will be relocated REQUIREMENTS transformation initiative undertaken by to the new DFARS companion resource, DoD to dramatically change the purpose Procedures, Guidance, and Information 2. Section 206.001 is revised to read and content of the DFARS. (PGI). A proposed rule describing the as follows: DATES: Comments on the proposed rule purpose and structure of PGI is 206.001 Applicability. should be submitted in writing to the published elsewhere in this issue of the address shown below on or before April Federal Register under DFARS Case (a) As authorized by 10 U.S.C. 1091, 2003–D090, Procedures, Guidance, and contracts awarded using the procedures 23, 2004, to be considered in the formation of the final rule. Information. in 237.104(b)(ii) are exempt from the • Deletion of unnecessary first article ADDRESSES: Respondents may submit competition requirements of FAR Part 6. testing and approval requirements in comments via the Internet at http:// 3. Section 206.202 is revised to read DFARS Subpart 209.3. as follows: emissary.acq.osd.mil/dar/dfars.nsf/ This rule was not subject to Office of pubcomm. As an alternative, Management and Budget review under 206.202 Establishing or maintaining respondents may e-mail comments to: alternative sources. Executive Order 12866, dated [email protected]. Please cite DFARS Case September 30, 1993. (a) Agencies may use this authority to 2003–D011 in the subject line of e- totally or partially exclude a particular mailed comments. B. Regulatory Flexibility Act source from a contract action. Respondents that cannot submit DoD does not expect this rule to have (b) The determination and findings comments using either of the above a significant economic impact on a (D&F) and the documentation methods may submit comments to: substantial number of small entities supporting the D&F shall identify the Defense Acquisition Regulations within the meaning of the Regulatory source to be excluded from the contract Council, Attn: Ms. Teresa Brooks, Flexibility Act, 5 U.S.C. 601, et seq., action. Include the information at PGI OUSD(AT&L)DPAP(DAR), IMD 3C132, because the DFARS text proposed for 206.202, as applicable, and any other 3062 Defense Pentagon, Washington, DC deletion addresses requirements that are information that may be pertinent, in 20301–3062; facsimile (703) 602–0350. obsolete or unnecessary or that do not the supporting documentation. Please cite DFARS Case 2003–D011. have a significant effect beyond the At the end of the comment period, 206.302–1 [Amended] internal operating procedures of DoD. interested parties may view public Therefore, DoD has not performed an 4. Section 206.302–1 is amended by comments on the Internet at http:// initial regulatory flexibility analysis. removing paragraph (b)(4). emissary.acq.osd.mil/dar/dfars.nsf. DoD invites comments from small 5. Section 206.302–2 is revised to read FOR FURTHER INFORMATION CONTACT: Ms. businesses and other interested parties. as follows: Teresa Brooks, (703) 602–0326. DoD also will consider comments from 206.302–2 Unusual and compelling SUPPLEMENTARY INFORMATION: small entities concerning the affected urgency. DFARS subparts in accordance with 5 A. Background (b) Application. For guidance on U.S.C. 610. Such comments should be circumstances under which use of this DFARS Transformation is a major submitted separately and should cite authority may be appropriate, see PGI DoD initiative to dramatically change DFARS Case 2003–D011. 206.302–2(b). the purpose and content of the DFARS. C. Paperwork Reduction Act The objective is to improve the 206.303–1 [Amended] efficiency and effectiveness of the The Paperwork Reduction Act does 6. Section 206.303–1 is amended by acquisition process, while allowing the not apply because the rule does not removing paragraphs (b) and (c). acquisition workforce the flexibility to impose any information collection innovate. The transformed DFARS will requirements that require the approval 206.303–2 [Removed] contain only requirements of law, DoD- of the Office of Management and Budget 7. Section 206.303–2 is removed. wide policies, delegations of FAR under 44 U.S.C. 3501, et seq. [FR Doc. 04–3705 Filed 2–20–04; 8:45 am] authorities, deviations from FAR List of Subjects in 48 CFR Parts 209 and requirements, and policies/procedures BILLING CODE 5001–08–P 252 that have a significant effect beyond the Government procurement. internal operating procedures of DoD or DEPARTMENT OF DEFENSE a significant cost or administrative Michele P. Peterson, impact on contractors or offerors. Executive Editor, Defense Acquisition 48 CFR Parts 209 and 252 Additional information on the DFARS Regulations Council. Transformation initiative is available at [DFARS Case 2003–D011] Therefore, DoD proposes to amend 48 http://www.acq.osd.mil/dp/dars/ CFR parts 209 and 252 as follows: Defense Federal Acquisition transf.htm. 1. The authority citation for 48 CFR Regulation Supplement; Contractor This proposed rule is a result of the parts 209 and 252 continues to read as Qualifications Relating to Contract DFARS Transformation initiative. The follows: Placement proposed changes include— • Deletion of text at 209.103, Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. AGENCY: Department of Defense (DoD). 209.103–70, and 252.209–7000 ACTION: Proposed rule with request for pertaining to obsolete Intermediate PART 209—CONTRACTOR comments. Range Nuclear Forces (INF) Treaty QUALIFICATIONS inspection requirements. SUMMARY: DoD is proposing to amend • Deletion of text at DFARS 209.106– 209.103 and 209.103–70 [Removed] the Defense Federal Acquisition 1, 209.106–2, and 209.202 containing 2. Sections 209.103 and 209.103–70 Regulation Supplement (DFARS) to internal DoD procedures relating to are removed. delete text pertaining to contractor requests for pre-award surveys and 3. Section 209.106 is revised to read qualification requirements. This approval for use of product qualification as follows:

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209.106 Preaward surveys. methods may submit comments to: commercial items has been When requesting a preaward survey, Defense Acquisition Regulations misinterpreted to mean that commercial follow the procedures at PGI 209.106. Council, Attn: Ms. Amy Williams, components do not count in the OUSD(AT&L)DPAP(DAR), IMD 3C132, calculation of whether domestic 209.106–1 and 209.106–2 [Removed] 3062 Defense Pentagon, Washington, DC components exceed 50 percent of the 4. Sections 209.106–1 and 209.106–2 20301–3062; facsimile (703) 602–0350. value of the components of an end item. are removed. Please cite DFARS Case 2003–D018. This is an erroneous interpretation, 5. Section 209.202 is revised to read At the end of the comment period, because the prime contractor must still as follows: interested parties may view public comply with the Buy American Act 209.202 Policy. comments on the Internet at http:// when using commercial components. In (a)(1) When establishing qualification emissary.acq.osd.mil/dar/dfars.nsf. addition, inclusion of the Buy American requirements, obtain approval in FOR FURTHER INFORMATION CONTACT: Ms. Act and the Trade Agreements Act on accordance with PGI 209.202(a)(1). Amy Williams, (703) 602–0328. the list has been misinterpreted to mean SUPPLEMENTARY INFORMATION: that the prime contractor need not Subpart 209.3—[Removed] comply with the Acts for subcontracted A. Background end items. This is also erroneous 6. Subpart 209.3 is removed. DFARS Transformation is a major because, in accordance with FAR 12.501, waiver of the Buy American Act PART 252—SOLICITATION DoD initiative to dramatically change or the Trade Agreements Act is not PROVISIONS AND CONTRACT the purpose and content of the DFARS. applicable if the prime contractor is CLAUSES The objective is to improve the efficiency and effectiveness of the reselling or distributing commercial 252.209–7000 [Removed and Reserved] acquisition process, while allowing the items of another contractor without 7. Section 252.209–7000 is removed acquisition workforce the flexibility to adding value. and reserved. innovate. The transformed DFARS will This rule was not subject to Office of contain only requirements of law, DoD- Management and Budget review under [FR Doc. 04–3702 Filed 2–20–04; 8:45 am] wide policies, delegations of FAR Executive Order 12866, dated BILLING CODE 5001–08–P authorities, deviations from FAR September 30, 1993. requirements, and policies/procedures B. Regulatory Flexibility Act DEPARTMENT OF DEFENSE that have a significant effect beyond the internal operating procedures of DoD or DoD does not expect this rule to have 48 CFR Part 212 a significant cost or administrative a significant economic impact on a impact on contractors or offerors. substantial number of small entities [DFARS Case 2003–D018] Additional information on the DFARS within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., Defense Federal Acquisition Transformation initiative is available at because the rule is a clarification of the Regulation Supplement; Laws http://www.acq.osd.mil/dp/dars/ Government’s existing policy of not Inapplicable to Commercial transf.htm. applying the Buy American Act or the Subcontracts This proposed rule is a result of the DFARS Transformation initiative. The Trade Agreements Act at the AGENCY: Department of Defense (DoD). proposed changes amend DFARS subcontract level. Therefore, DoD has ACTION: Proposed rule with request for 212.504 to remove the Trade not performed an initial regulatory comments. Agreements Act (19 U.S.C. 2512) and flexibility analysis. DoD invites the Buy American Act (41 U.S.C. 10) comments from small businesses and SUMMARY: DoD is proposing to amend from the list of laws inapplicable to other interested parties. DoD also will the Defense Federal Acquisition subcontracts for the acquisition of consider comments from small entities Regulation Supplement (DFARS) to commercial items. Inclusion of these concerning the affected DFARS subpart remove the Trade Agreements Act and laws on the list is unnecessary, because in accordance with 5 U.S.C. 610. Such the Buy American Act from the list of the Government does not apply the comments should be submitted laws inapplicable to subcontracts for restrictions of the Buy American Act or separately and should cite DFARS Case commercial items. This proposed rule is the Trade Agreements Act at the 2003–D018. a result of a transformation initiative subcontract level. The prime contractor C. Paperwork Reduction Act undertaken by DoD to dramatically is responsible for providing an end change the purpose and content of the product that meets the requirements of The Paperwork Reduction Act does DFARS. the Acts. The Trade Agreements Act not apply because the rule does not DATES: Comments on the proposed rule imposes no requirements as to the origin impose any information collection should be submitted in writing to the of components. Although the Buy requirements that require the approval address shown below on or before April American Act requires that the cost of of the Office of Management and Budget 23, 2004, to be considered in the domestic components exceed 50 percent under 44 U.S.C. 3501, et seq. formation of the final rule. of the cost of all components, the List of Subjects in 48 CFR Part 212 ADDRESSES: Respondents may submit subcontracts for the components comments via the Internet at http:// themselves need not comply with the Government procurement. emissary.acq.osd.mil/dar/dfars.nsf/ Buy American Act. The domestic Michele P. Peterson, components need only to have been pubcomm. As an alternative, Executive Editor, Defense Acquisition respondents may e-mail comments to: manufactured in the United States, Regulations Council. [email protected]. Please cite DFARS Case without themselves satisfying a 2003–D018 in the subject line of e- component test. Therefore, DoD proposes to amend 48 mailed comments. In some cases, inclusion of the Buy CFR Part 212 as follows: Respondents that cannot submit American Act on the list of laws 1. The authority citation for 48 CFR comments using either of the above inapplicable to subcontracts for Part 212 continues to read as follows:

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Authority: 41 U.S.C. 421 and 48 CFR the purpose and content of the DFARS. List of Subjects in 48 CFR Part 214 Chapter 1. The objective is to improve the Government procurement. efficiency and effectiveness of the PART 212—ACQUISITION OF Michele P. Peterson, COMMERCIAL ITEMS acquisition process, while allowing the acquisition workforce the flexibility to Executive Editor, Defense Acquisition 212.504 [Amended] innovate. The transformed DFARS will Regulations Council. 2. Section 212.504 is amended by contain only requirements of law, DoD- Therefore, DoD proposes to amend 48 removing paragraphs (a)(xxiii) and wide policies, delegations of FAR CFR Part 214 as follows: (a)(xxiv) and redesignating paragraph authorities, deviations from FAR 1. The authority citation for 48 CFR (a)(xxv) as paragraph (a)(xxiii). requirements, and policies/procedures Part 214 continues to read as follows: [FR Doc. 04–3706 Filed 2–20–04; 8:45 am] that have a significant effect beyond the Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. BILLING CODE 5001–08–P internal operating procedures of DoD or a significant cost or administrative impact on contractors or offerors. PART 214—SEALED BIDDING DEPARTMENT OF DEFENSE Additional information on the DFARS 214.201–1 [Removed] Transformation initiative is available at 2. Section 214.201–1 is removed. 48 CFR Part 214 http://www.acq.osd.mil/dp/dars/ [DFARS Case 2003–D076] transf.htm. 214.202–5 [Amended] This proposed rule is a result of the 3. Section 214.202–5 is amended by Defense Federal Acquisition DFARS Transformation initiative. The redesignating paragraph (d) as Regulation Supplement; Sealed proposed changes include— paragraph (c). Bidding • 4. Section 214.407–3 is amended as Deletion of unnecessary text at follows: AGENCY: Department of Defense (DoD). DFARS 214.201–1, 214.407–3(h), and a. By adding paragraph (e)(ix); and ACTION: Proposed rule with request for 214.5. b. By removing paragraph (h). The comments. • Redesignation of DFARS 214.202– added text reads as follows: 5(d) as 214.202–5(c) for consistency SUMMARY: DoD is proposing to amend 214.407–3 Other mistakes disclosed the Defense Federal Acquisition with the corresponding FAR text. before award. Regulation Supplement (DFARS) to • Addition of the Defense Contract (e) * * * update text pertaining to sealed bidding. Management Agency General Counsel to (ix) Defense Contract Management This proposed rule is a result of a the list of agency officials authorized to Agency: General Counsel, DCMA. transformation initiative undertaken by permit correction of mistakes in bid DoD to dramatically change the purpose before award. Subpart 214.5—[Removed] and content of the DFARS. This rule was not subject to Office of DATES: Comments on the proposed rule 5. Subpart 214.5 is removed. should be submitted in writing to the Management and Budget review under Executive Order 12866, dated [FR Doc. 04–3697 Filed 2–20–04; 8:45 am] address shown below on or before April BILLING CODE 5001–08–P 23, 2004, to be considered in the September 30, 1993. formation of the final rule. B. Regulatory Flexibility Act ADDRESSES: Respondents may submit DEPARTMENT OF DEFENSE comments via the Internet at http:// DoD does not expect this rule to have emissary.acq.osd.mil/dar/dfars.nsf/ a significant economic impact on a 48 CFR Part 224 substantial number of small entities pubcomm. As an alternative, [DFARS Case 2003–D038] respondents may e-mail comments to: within the meaning of the Regulatory [email protected]. Please cite DFARS Case Flexibility Act, 5 U.S.C. 601, et seq., Defense Federal Acquisition 2003–D076 in the subject line of e- because the DFARS changes are limited Regulation Supplement; Protection of mailed comments. to deletion of unnecessary text and Privacy and Freedom of Information Respondents that cannot submit administrative updates. Therefore, DoD comments using either of the above has not performed an initial regulatory AGENCY: Department of Defense (DoD). methods may submit comments to: flexibility analysis. DoD invites ACTION: Proposed rule with request for Defense Acquisition Regulations comments from small businesses and comments. Council, Attn: Ms. Teresa Brooks, other interested parties. DoD also will OUSD(AT&L)DPAP(DAR), IMD 3C132, SUMMARY: DoD is proposing to amend consider comments from small entities the Defense Federal Acquisition 3062 Defense Pentagon, Washington, DC concerning the affected DFARS subparts 20301–3062; facsimile (703) 602–0350. Regulation Supplement (DFARS) to in accordance with 5 U.S.C. 610. Such Please cite DFARS Case 2003–D076. delete text pertaining to the At the end of the comment period, comments should be submitted applicability of the Freedom of interested parties may view public separately and should cite DFARS Case Information Act. This proposed rule is comments on the Internet at http:// 2003–D076. a result of a transformation initiative emissary.acq.osd.mil/dar/dfars.nsf. C. Paperwork Reduction Act undertaken by DoD to dramatically FOR FURTHER INFORMATION CONTACT: Ms. change the purpose and content of the Teresa Brooks, (703) 602–0326. The Paperwork Reduction Act does DFARS. SUPPLEMENTARY INFORMATION: not apply because the rule does not DATES: Comments on the proposed rule impose any information collection should be submitted in writing to the A. Background requirements that require the approval address shown below on or before April DFARS Transformation is a major of the Office of Management and Budget 23, 2004, to be considered in the DoD initiative to dramatically change under 44 U.S.C. 3501, et seq. formation of the final rule.

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ADDRESSES: Respondents may submit Flexibility Act, 5 U.S.C. 601, et seq., ADDRESSES: Respondents may submit comments via the Internet at http:// because deletion of the DFARS text does comments via the Internet at http:// emissary.acq.osd.mil/dar/dfars.nsf/ not represent a change in DoD policy. emissary.acq.osd.mil/dar/dfars.nsf/ pubcomm. As an alternative, Therefore, DoD has not performed an pubcomm. As an alternative, respondents may e-mail comments to: initial regulatory flexibility analysis. respondents may e-mail comments to: [email protected]. Please cite DFARS Case DoD invites comments from small [email protected]. Please cite DFARS Case 2003–D038 in the subject line of e- businesses and other interested parties. 2003–D037 in the subject line of e- mailed comments. DoD also will consider comments from mailed comments. Respondents that cannot submit small entities concerning the affected Respondents that cannot submit comments using either of the above DFARS subpart in accordance with 5 comments using either of the above methods may submit comments to: U.S.C. 610. Such comments should be methods may submit comments to: Defense Acquisition Regulations submitted separately and should cite Defense Acquisition Regulations Council, Attn: Mr. Euclides Barrera, DFARS Case 2003–D038. Council, Attn: Mr. Thaddeus Godlewski, OUSD(AT&L)DPAP(DAR), IMD 3C132, C. Paperwork Reduction Act OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 3062 Defense Pentagon, Washington, DC 20301–3062; facsimile (703) 602–0350. The Paperwork Reduction Act does 20301–3062; facsimile (703) 602–0350. Please cite DFARS Case 2003–D038. not apply because the rule does not Please cite DFARS Case 2003–D037. At the end of the comment period, impose any information collection At the end of the comment period, interested parties may view public requirements that require the approval interested parties may view public comments on the Internet at http:// of the Office of Management and Budget comments on the Internet at http:// emissary.acq.osd.mil/dar/dfars.nsf. under 44 U.S.C. 3501, et seq. emissary.acq.osd.mil/dar/dfars.nsf. FOR FURTHER INFORMATION CONTACT: Mr. List of Subjects in 48 CFR Part 224 FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, (703) 602–0296. Government procurement. Thaddeus Godlewski, (703) 602–2202. SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: Michele P. Peterson, A. Background Executive Editor, Defense Acquisition A. Background DFARS Transformation is a major Regulations Council. DFARS Transformation is a major DoD initiative to dramatically change Therefore, DoD proposes to amend 48 DoD initiative to dramatically change the purpose and content of the DFARS. CFR Part 224 as follows: the purpose and content of the DFARS. The objective is to improve the 1. The authority citation for 48 CFR The objective is to improve the efficiency and effectiveness of the Part 224 continues to read as follows: efficiency and effectiveness of the acquisition process, while allowing the Authority: 41 U.S.C. 421 and 48 CFR acquisition process, while allowing the acquisition workforce the flexibility to Chapter 1. acquisition workforce the flexibility to innovate. The transformed DFARS will innovate. The transformed DFARS will contain only requirements of law, DoD- PART 224—PROTECTION OF PRIVACY contain only requirements of law, DoD- wide policies, delegations of FAR AND FREEDOM OF INFORMATION wide policies, delegations of FAR authorities, deviations from FAR 224.102 [Removed] authorities, deviations from FAR requirements, and policies/procedures 2. Section 224.102 is removed. requirements, and policies/procedures that have a significant effect beyond the that have a significant effect beyond the internal operating procedures of DoD or [FR Doc. 04–3693 Filed 2–20–04; 8:45 am] internal operating procedures of DoD or a significant cost or administrative BILLING CODE 5001–08–P a significant cost or administrative impact on contractors or offerors. impact on contractors or offerors. Additional information on the DFARS Additional information on the DFARS Transformation initiative is available at DEPARTMENT OF DEFENSE Transformation initiative is available at http://www.acq.osd.mil/dp/dars/ 48 CFR Part 228 http://www.acq.osd.mil/dp/dars/ transf.htm. transf.htm. This proposed rule is a result of the [DFARS Case 2003–D037] This proposed rule is a result of the DFARS Transformation initiative. The DFARS Transformation initiative. The rule deletes DFARS 224.102, which Defense Federal Acquisition proposed changes delete DFARS text in specifies that the Freedom of Regulation Supplement; Insurance the areas addressed below. This text Information Act (5 U.S.C. 552) does not AGENCY: Department of Defense (DoD). will be relocated to the new DFARS apply to certain contractor records. DoD ACTION: Proposed rule with request for companion resource, Procedures, considers the DFARS text to be comments. Guidance, and Information (PGI). A unnecessary, because this issue is proposed rule describing the purpose adequately addressed in DoD 5400.11– SUMMARY: DoD is proposing to amend and structure of PGI is published R, Department of Defense Privacy the Defense Federal Acquisition elsewhere in this issue of the Federal Program, which is referenced in DFARS Regulation Supplement (DFARS) to Register under DFARS Case 2003–D090, 224.103. update text pertaining to insurance Procedures, Guidance, and Information. This rule was not subject to Office of requirements. This proposed rule is a • DFARS 228.304, Risk-pooling Management and Budget review under result of a transformation initiative arrangements. In the early 1950’s, DoD Executive Order 12866, dated undertaken by DoD to dramatically teamed with the insurance industry to September 30, 1993. change the purpose and content of the develop a program that would minimize DFARS. the cost of workers’ compensation and B. Regulatory Flexibility Act DATES: Comments on the proposed rule contractor liability charged to DoD does not expect this rule to have should be submitted in writing to the Government contracts. The objective a significant economic impact on a address shown below on or before April was to provide an optional insurance substantial number of small entities 23, 2004, to be considered in the plan to be used if it provided a better within the meaning of the Regulatory formation of the final rule. deal than what could be purchased on

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the open market. The team’s solution submitted separately and should cite of a transformation initiative undertaken was the National Defense Projects DFARS Case 2003–D037. by DoD to dramatically change the Rating Plan (NDPRP). The NDPRP purpose and content of the DFARS. C. Paperwork Reduction Act defined premiums via a formula based DATES: Comments on the proposed rule upon average workers’ compensation The Paperwork Reduction Act does should be submitted in writing to the rates throughout the country and not apply because the rule does not address shown below on or before April adjusted for experience pooled from impose any information collection 23, 2004, to be considered in the Defense contractors. This produced requirements that require the approval formation of the final rule. of the Office of Management and Budget premiums without loadings, e.g., ADDRESSES: Respondents may submit under 44 U.S.C. 3501, et seq. commissions, and eliminated the comments via the Internet at http:// burden of negotiating premiums every List of Subjects in 48 CFR Part 228 emissary.acq.osd.mil/dar/dfars.nsf/ year with insurance carriers. Today, Government procurement. pubcomm. As an alternative, there is little cost difference between the respondents may e-mail comments to: NDPRP and the states’ workers’ Michele P. Peterson, [email protected]. Please cite DFARS Case compensation program, because the Executive Editor, Defense Acquisition 2003–D036 in the subject line of e- states have adopted the same premium Regulations Council. mailed comments. algorithm as the NDPRP and many Respondents that cannot submit contractors have adopted self-insurance. Therefore, DoD proposes to amend 48 CFR Part 228 as follows: comments using either of the above The text at DFARS 228.304 may be methods may submit comments to: beneficial in the event of a prolonged 1. The authority citation for 48 CFR Part 228 continues to read as follows: Defense Acquisition Regulations surge in Defense contract activity, and Council, Attn: Mr. Thaddeus Godlewski, should be retained as guidance. Authority: 41 U.S.C. 421 and 48 CFR OUSD (AT&L) DPAP (DAR), IMD 3C132, Chapter 1. Accordingly, DoD proposes to remove 3062 Defense Pentagon, Washington, DC this text from the DFARS and relocate PART 228—BONDS AND INSURANCE 20301–3062; facsimile (703) 602–0350. it to the new DFARS companion Please cite DFARS Case 2003–D036. resource, PGI. 2. Sections 228.304 and 228.305 are At the end of the comment period, • DFARS 228.305, Overseas workers’ revised to read as follows: interested parties may view public compensation and war-hazard comments on the Internet at http:// 228.304 Risk-pooling arrangements. insurance. The Defense Base Act (42 emissary.acq.osd.mil/dar/dfars.nsf. DoD has established the National U.S.C. 1651 et seq.) extends the FOR FURTHER INFORMATION CONTACT: Mr. Defense Projects Rating Plan, also Longshoremen’s and Harbor Workers’ Thaddeus Godlewski, (703) 602–2202. known as the Special Casualty Compensation Act (33 U.S.C. 901) to SUPPLEMENTARY INFORMATION: various classes of employees working Insurance Rating Plan, as a risk-pooling outside the United States. When the arrangement to minimize the cost to the A. Background Government of purchasing the liability agency head recommends a waiver to DFARS Transformation is a major insurance listed in FAR 28.307–2. Use the Secretary of Labor, the Secretary DoD initiative to dramatically change the plan in accordance with the may waive the applicability of the the purpose and content of the DFARS. procedures at PGI 228.304 when it Defense Base Act to any contract, The objective is to improve the provides the necessary coverage more subcontract, work location, or efficiency and effectiveness of the advantageously than commercially classification of employees. DFARS acquisition process, while allowing the available coverage. 228.305 provides the procedures within acquisition workforce the flexibility to DoD for submitting such requests for 228.305 Overseas workers’ compensation innovate. The transformed DFARS will waiver. DoD proposes to remove this and war-hazard insurance. contain only requirements of law, DoD- procedural text from the DFARS and (d) When submitting requests for wide policies, delegations of FAR relocate it to the new DFARS waiver, follow the procedures at PGI authorities, deviations from FAR companion resource, PGI. 228.305(d). requirements, and policies/procedures This rule was not subject to Office of that have a significant effect beyond the [FR Doc. 04–3692 Filed 2–20–04; 8:45 am] Management and Budget review under internal operating procedures of DoD or Executive Order 12866, dated BILLING CODE 5001–08–P a significant cost or administrative September 30, 1993. impact on contractors or offerors. B. Regulatory Flexibility Act DEPARTMENT OF DEFENSE Additional information on the DFARS Transformation initiative is available at DoD does not expect this rule to have 48 CFR Part 231 http://www.acq.osd.mil/dp/dars/ a significant economic impact on a transf.htm. substantial number of small entities [DFARS Case 2003–D036] This proposed rule is a result of the within the meaning of the Regulatory DFARS Transformation initiative. The Defense Federal Acquisition Flexibility Act, 5 U.S.C. 601, et seq., proposed changes— Regulation Supplement; Cost because the rule deletes DFARS text • Delete the text at DFARS 231.205– Principles and Procedures addressing procedures that are no longer 10, Cost of money, because it is in use or that are internal to DoD. AGENCY: Department of Defense (DoD). redundant of the text in DFARS Subpart Therefore, DoD has not performed an ACTION: Proposed rule with request for 230.70, Facilities Capital Employed for initial regulatory flexibility analysis. comments. Facilities in Use. DoD invites comments from small • Clarify the text at DFARS 231.205– businesses and other interested parties. SUMMARY: DoD is proposing to amend 22, Legislative lobbying costs, to specify DoD also will consider comments from the Defense Federal Acquisition that these costs are statutorily small entities concerning the affected Regulation Supplement (DFARS) to unallowable. DFARS subpart in accordance with 5 update text pertaining to contract cost • Revise the text at DFARS 231.205– U.S.C. 610. Such comments should be principles. This proposed rule is a result 70, External restructuring costs, to—

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1. Eliminate unnecessary references to PART 231—CONTRACT COST audit/negotiation of detailed cost fiscal years 1995, 1997, and 1998 PRINCIPLES AND PROCEDURES proposals for individual restructuring legislation. projects before August 15, 1994. 2. Delete text at 231.205– 231.205–10 [Removed] (d) Procedures and ACO 70(c)(1)(iv)(A) and (B) regarding 2. Section 231.205–10 is removed. responsibilities. As soon as it is known business combinations that occurred on 3. Section 231.205–22 is revised to that the contractor will incur or before November 18, 1997. This text read as follows: restructuring costs for external is unnecessary, because external 231.205–22 Legislative lobbying costs. restructuring activities, the cognizant restructurings normally must be ACO shall follow the procedures at PGI (a) Costs associated with preparing initiated within 3 years of a business 231.205–70(d). any material, report, list, or analysis on combination. the actual or projected economic or * * * * * 3. Delete text at 231.205–70(d), employment impact in a particular State [FR Doc. 04–3708 Filed 2–20–04; 8:45 am] Procedures and ACO responsibilities. or congressional district of an BILLING CODE 5001–08–P This text will be relocated to the new acquisition program for which all DFARS companion resource, research, development, testing, and Procedures, Guidance, and Information evaluation has not been completed also DEPARTMENT OF DEFENSE (PGI). A proposed rule describing the are unallowable (10 U.S.C. 2249). 48 CFR Parts 234, 242, and 252 purpose and structure of PGI is 4. Section 231.205–70 is amended by published elsewhere in this issue of the revising paragraphs (a), (c), and (d) to [DFARS Case 2003–D030] Federal Register under DFARS Case read as follows: 2003–D090, Procedures, Guidance, and Information. 231.205–70 External restructuring costs. Defense Federal Acquisition Regulation Supplement; Major This rule was not subject to Office of (a) Scope. This subsection— Systems Acquisition Management and Budget review under (1) Prescribes policies and procedures Executive Order 12866, dated for allowing contractor external AGENCY: Department of Defense (DoD). September 30, 1993. restructuring costs when savings would ACTION: Proposed rule with request for result for DoD; and B. Regulatory Flexibility Act comments. (2) Implements 10 U.S.C. 2325. DoD does not expect this rule to have * * * * * SUMMARY: DoD is proposing to amend a significant economic impact on a (c) Limitations on cost allowability. the Defense Federal Acquisition substantial number of small entities (1) Restructuring costs associated with Regulation Supplement (DFARS) to within the meaning of the Regulatory external restructuring activities shall not update text pertaining to major systems Flexibility Act, 5 U.S.C. 601, et seq., be allowed unless— acquisition, earned value management because the rule clarifies existing (i) Such costs are allowable in systems, and cost/schedule status DFARS text or deletes DFARS text that accordance with FAR Part 31 and reporting. This proposed rule is a result is redundant, outdated, procedural, or DFARS Part 231; of a transformation initiative undertaken internal to DoD. Therefore, DoD has not (ii) An audit of projected restructuring by DoD to dramatically change the performed an initial regulatory costs and restructuring savings is purpose and content of the DFARS. flexibility analysis. DoD invites performed; DATES: Comments on the proposed rule comments from small businesses and (iii) The cognizant administrative should be submitted in writing to the other interested parties. DoD also will contracting officer (ACO) reviews the address shown below on or before April consider comments from small entities audit report and the projected costs and 23, 2004, to be considered in the concerning the affected DFARS subpart projected savings, and negotiates an formation of the final rule. in accordance with 5 U.S.C. 610. Such advance agreement in accordance with ADDRESSES: Respondents may submit comments should be submitted paragraph (d)(8) of this subsection; and comments via the Internet at http:// separately and should cite DFARS Case (iv) For business combinations that emissary.acq.osd.mil/dar/dfars.nsf/ 2003–D036. occur after November 18, 1997, the pubcomm. As an alternative, Under Secretary of Defense C. Paperwork Reduction Act respondents may e-mail comments to: (Acquisition, Technology, and Logistics) [email protected]. Please cite DFARS Case The Paperwork Reduction Act does or the Principal Deputy determines in 2003–D030 in the subject line of e- not apply because the rule does not writing that the audited projected mailed comments. impose any information collection savings for DoD resulting from the Respondents that cannot submit requirements that require the approval restructuring will exceed either— comments using either of the above of the Office of Management and Budget (A) The costs allowed by a factor of methods may submit comments to: under 44 U.S.C. 3501, et seq. at least two to one; or (B) The cost allowed, and the business Defense Acquisition Regulations List of Subjects in 48 CFR Part 231 combination will result in the Council, Attn: Ms. Teresa Brooks, Government procurement. preservation of a critical capability that OUSD(AT&L)DPAP(DAR), IMD 3C132, might otherwise be lost to DoD. 3062 Defense Pentagon, Washington, DC Michele P. Peterson, (2) The audit, review, certification, 20301–3062; facsimile (703) 602–0350. Executive Editor, Defense Acquisition and determination required by Please cite DFARS Case 2003–D030. Regulations Council. paragraph (c)(1) of this subsection shall At the end of the comment period, Therefore, DoD proposes to amend 48 not apply to any business combination interested parties may view public CFR part 231 as follows: for which payments for restructuring comments on the Internet at http:// 1. The authority citation for 48 CFR costs were made before August 15, 1994, emissary.acq.osd.mil/dar/dfars.nsf. part 231 continues to read as follows: or for which the cognizant ACO FOR FURTHER INFORMATION CONTACT: Ms. Authority: 41 U.S.C. 421 and 48 CFR executed an advance agreement Teresa Brooks, (703) 602–0326. Chapter 1. establishing cost ceilings based on SUPPLEMENTARY INFORMATION:

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A. Background B. Regulatory Flexibility Act PART 242—CONTRACT ADMINISTRATION AND AUDIT DFARS Transformation is a major DoD does not expect this rule to have SERVICES DoD initiative to dramatically change a significant economic impact on a the purpose and content of the DFARS. substantial number of small entities 6. Section 242.1106 is amended by The objective is to improve the within the meaning of the Regulatory revising paragraph (a) to read as follows: efficiency and effectiveness of the Flexibility Act, 5 U.S.C. 601, et seq., acquisition process, while allowing the because the rule updates and relocates 242.1106 Reporting requirements. acquisition workforce the flexibility to DFARS text, with no substantive change (a) See DoDI 5000.2, Operation of the innovate. The transformed DFARS will in policy. Therefore, DoD has not Defense Acquisition System, for contain only requirements of law, DoD- performed an initial regulatory reporting requirements for defense wide policies, delegations of FAR flexibility analysis. DoD invites technology projects and acquisition authorities, deviations from FAR comments from small businesses and programs. Table E3.T2. of DoDI 5000.2 requirements, and policies/procedures other interested parties. DoD also will specifies the earned value management that have a significant effect beyond the consider comments from small entities system (EVMS) thresholds. When an internal operating procedures of DoD or concerning the affected DFARS subparts offeror proposes an EVMS plan, follow a significant cost or administrative in accordance with 5 U.S.C. 610. Such the review procedures at PGI impact on contractors or offerors. comments should be submitted 242.1106(a). The Defense Acquisition Additional information on the DFARS separately and should cite DFARS Case Guidebook provides additional Transformation initiative is available at 2003–D030. guidance on earned value management and identifies when cost/schedule http://www.acq.osd.mil/dp/dars/ C. Paperwork Reduction Act transf.htm. status reports are applicable. The Paperwork Reduction Act does This proposed rule is a result of the * * * * * not apply because the rule does not DFARS Transformation initiative. The 7. Section 242.1107–70 is revised to impose any information collection proposed changes include— read as follows: • requirements that require the approval Deletion of the definitions of of the Office of Management and Budget 242.1107–70 Solicitation provision and ‘‘systems’’ and ‘‘systems acquisition’’ at under 44 U.S.C. 3501, et seq. contract clause. DFARS 234.001, since these terms are (a) When the Government requires List of Subjects in 48 CFR Parts 234, not used within DFARS Part 234. contractor compliance with DoD earned • 242, and 252 Relocation of text on earned value value management system criteria— management systems from DFARS Part Government procurement. (1) Use the provision at 252.242– 234 to Part 242, since earned value Michele P. Peterson, 7XXX, Notice of Earned Value management system requirements are Management System, in solicitations; not limited to major systems Executive Editor, Defense Acquisition Regulations Council. and acquisition. The earned value (2) Use the clause at 252.242–7YYY, Therefore, DoD proposes to amend 48 management system thresholds Earned Value Management System, in specified in DoDI 5000.2, Operation of CFR Parts 234, 242, and 252 as follows: 1. The authority citation for 48 CFR solicitations and contracts. the Defense Acquisition System, do not (b) Use the clause at 252.242–7005, Parts 234, 242, and 252 continues to cleanly equate to major or other than Cost/Schedule Status Report, in read as follows: major systems. The prescriptions for the solicitations and contracts that require Cost/Schedule Status Report clause and Authority: 41 U.S.C. 421 and 48 CFR cost/schedule status reports (i.e., when provision at DFARS 252.242–7005 and Chapter 1. the Contract Data Requirements List 252.242–7006, respectively, also are PART 234—MAJOR SYSTEM includes DI–MGMT–81467). amended to remove text that limits their (c) Use the provision at 252.242–7006, ACQUISITION use to other than major systems. Cost/Schedule Status Report Plans, in • Deletion of text at DFARS 234.005– 234.001 [Removed] solicitations that require cost/schedule 70 regarding a requirement for the 2. Section 234.001 is removed. status reports. procuring contracting officer to obtain 3. Section 234.003 is revised to read assistance from the administrative as follows: PART 252—SOLICITATION contracting officer when determining PROVISIONS AND CONTRACT the adequacy of a proposed earned 234.003 Responsibilities. CLAUSES DoDD 5000.1, The Defense value management system plan. Text on 252.234–7000 and 252.234–7001 this subject will be relocated to the new Acquisition System, and DoDI 5000.2, [Removed] Operation of the Defense Acquisition DFARS companion resource, 8. Sections 252.234–7000 and System, contain the DoD Procedures, Guidance, and Information 252.234–7001 are removed. implementation of OMB Circular A–109 (PGI). A proposed rule describing the 9. Sections 252.242–7XXX and and OMB Circular A–11. purpose and structure of PGI is 252.242–7YYY are added to read as 4. Section 234.005 is revised to read published elsewhere in this issue of the follows: Federal Register under DFARS Case as follows: 252.242–7XXX Notice of Earned Value 2003–D090, Procedures, Guidance, and 234.005 General requirements. Information. Management System. See 242.1106(a) for information on the • Updating of references to OMB As prescribed in 242.1107–70(a)(1), use of earned value management use the following provision: Circulars and the DoD 5000 series systems and the use of cost/schedule documents. status reports. Notice of Earned Value Management System This rule was not subject to Office of (XXX 2004) Management and Budget review under 234.005–70 and 234.005–71 [Removed] (a) The offeror shall provide Executive Order 12866, dated 5. Sections 234.005–70 and 234.005– documentation that the cognizant September 30, 1993. 71 are removed. Administrative Contracting Officer (ACO) has

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recognized that the proposed earned value for the Government and the Contractor to Contracting Officer as complying with the management system (EVMS) complies with jointly assess areas, such as the Contractor’s earned value management system criteria of the EVMS criteria of DoDI 5000.2, Operation planning, to ensure complete coverage of the DoDI 5000.2, Operation of the Defense of the Defense Acquisition System, or that statement of work, logical scheduling of the Acquisition System, the offeror may submit the proposed cost/schedule control system work activities, adequate resourcing, and a copy of the documentation of such has been accepted by the Department of identification of inherent risks. recognition instead of the written summary Defense. (d) Unless a waiver is granted by the ACO, required by paragraph (a) of this provision. (b) If the offeror proposes to use a system Contractor-proposed EVMS changes require (End of Provision) that does not meet the requirements of approval of the ACO prior to paragraph (a) of this provision, the offeror implementation. The ACO shall advise the [FR Doc. 04–3707 Filed 2–20–04; 8:45 am] shall submit a comprehensive plan for Contractor of the acceptability of such BILLING CODE 5001–08–P compliance with the EVMS criteria. changes within 30 calendar days after receipt (1) The plan shall— of the notice of proposed changes from the (i) Describe the EVMS the offeror intends Contractor. If the advance approval DEPARTMENT OF DEFENSE to use in performance of the contract; requirements are waived by the ACO, the (ii) Distinguish between the offeror’s Contractor shall disclose EVMS changes to 48 CFR Part 235 existing management system and the ACO at least 14 calendar days prior to the modifications proposed to meet the criteria; effective date of implementation. [DFARS Case 2003–D058] (iii) Describe the management system and (e) The Contractor agrees to provide access its application in terms of the 32 EVMS to all pertinent records and data requested by Defense Federal Acquisition criteria; the ACO or duly authorized representative. Regulation Supplement; Removal of (iv) Describe the proposed procedure for Access is to permit Government surveillance Obsolete Research and Development administration of the criteria as applied to to ensure that the EVMS complies, and Contracting Procedures subcontractors; and continues to comply, with the criteria (v) Provide documentation describing the referenced in paragraph (a) of this clause. AGENCY: Department of Defense (DoD). process and results of any third-party or self- (f) The Contractor shall require the ACTION: Proposed rule with request for evaluation of the system’s compliance with following subcontractors to comply with the comments. EVMS criteria. requirements of this clause: (2) The offeror shall provide information (Contracting Officer to insert names of SUMMARY: DoD is proposing to amend and assistance as required by the Contracting subcontractors selected for application of the Defense Federal Acquisition Officer to support review of the plan. EVMS criteria in accordance with 252.242– Regulation Supplement (DFARS) to (3) The Government will review the 7XXX(c).) offeror’s plan for EVMS before contract delete obsolete procedures for research award. llllllllllllllllllll and development contracting. This (c) Offerors shall identify the major llllllllllllllllllll proposed rule is a result of a subcontractors, or major subcontracted effort llllllllllllllllllll transformation initiative undertaken by if major subcontractors have not been DoD to dramatically change the purpose selected, planned for application of the (End of Clause) and content of the DFARS. criteria. The prime contractor and the DATES: Comments on the proposed rule Government shall agree to subcontractors 10. Section 252.242–7005 is amended selected for application of the EVMS criteria. by revising the introductory text, clause should be submitted in writing to the (End of Provision) date, and paragraph (c) to read as address shown below on or before April follows: 23, 2004, to be considered in the 252.242–7YYY Earned Value Management formation of the final rule. 252.242–7005 Cost/Schedule Status System. ADDRESSES: Report. Respondents may submit As prescribed in 242.1107–70(a)(2), comments via the Internet at http:// use the following clause: As prescribed in 242.1107–70(b), use the emissary.acq.osd.mil/dar/dfars.nsf/ following clause: Earned Value Management System (XXX pubcomm. As an alternative, 2004) Cost/Schedule Status Report (XXX 2004) respondents may e-mail comments to: (a) In the performance of this contract, the * * * * * [email protected]. Please cite DFARS Case Contractor shall use an earned value (c) The Contractor may use a cost/schedule 2003–D058 in the subject line of e- management system (EVMS) that has been control system that has been recognized by mailed comments. recognized by the cognizant Administrative the cognizant Administrative Contracting Respondents that cannot submit Contracting Officer (ACO) as complying with Officer (ACO) as complying with the earned comments using either of the above the criteria provided in DoDI 5000.2, value management system criteria provided methods may submit comments to: Operation of the Defense Acquisition System. in DoDI 5000.2, Operation of the Defense Defense Acquisition Regulations (b) If, at the time of award, the Contractor’s Acquisition System. Council, Attn: Ms. Teresa Brooks, OUSD EVMS has not been recognized by the * * * * * (AT&L) DPAP (DAR), IMD 3C132, 3062 cognizant ACO as complying with EVMS Defense Pentagon, Washington, DC criteria (or the Contractor does not have an 11. Section 252.242–7006 is amended existing cost/schedule control system that by revising the introductory text, clause 20301–3062; facsimile (703) 602–0350. has been accepted by the Department of date, and paragraph (b) to read as Please cite DFARS Case 2003–D058. Defense), the Contractor shall apply the follows: At the end of the comment period, system to the contract and shall be prepared interested parties may view public to demonstrate to the ACO that the EVMS 252.242–7006 Cost/Schedule Status comments on the Internet at http:// complies with the EVMS criteria referenced Report Plans. emissary.acq.osd.mil/dar/dfars.nsf. in paragraph (a) of this clause. As prescribed in 242.1107–70(c), use FOR FURTHER INFORMATION CONTACT: Ms. (c) The Government may require integrated the following provision: Teresa Brooks, (703) 602–0326. baseline reviews. Such reviews shall be scheduled as early as practicable and should Cost/Schedule Status Report Plans (XXX SUPPLEMENTARY INFORMATION: 2004) be conducted within 180 calendar days after A. Background (1) contract award, (2) the exercise of * * * * * significant contract options, or (3) the (b) If the offeror proposes to use a cost/ DFARS Transformation is a major incorporation of major modifications. The schedule control system that has been DoD initiative to dramatically change objective of the integrated baseline review is recognized by the cognizant Administrative the purpose and content of the DFARS.

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The objective is to improve the List of Subjects in 48 CFR Part 235 comments on the Internet at http:// efficiency and effectiveness of the Government procurement. emissary.acq.osd.mil/dar/dfars.nsf. acquisition process, while allowing the FOR FURTHER INFORMATION CONTACT: Ms. acquisition workforce the flexibility to Michele P. Peterson, Teresa Brooks, (703) 602–0326. Executive Editor, Defense Acquisition innovate. The transformed DFARS will SUPPLEMENTARY INFORMATION: contain only requirements of law, DoD- Regulations Council. wide policies, delegations of FAR Therefore, DoD proposes to amend 48 A. Background authorities, deviations from FAR CFR Part 235 as follows: DFARS Transformation is a major requirements, and policies/procedures 1. The authority citation for 48 CFR DoD initiative to dramatically change that have a significant effect beyond the Part 235 continues to read as follows: the purpose and content of the DFARS. internal operating procedures of DoD or Authority: 41 U.S.C. 421 and 48 CFR The objective is to improve the a significant cost or administrative Chapter 1. efficiency and effectiveness of the impact on contractors or offerors. acquisition process, while allowing the Additional information on the DFARS PART 235—RESEARCH AND acquisition workforce the flexibility to DEVELOPMENT CONTRACTING Transformation initiative is available at innovate. The transformed DFARS will contain only requirements of law, DoD- http://www.acq.osd.mil/dp/dars/ Subpart 235.70—[Removed] transf.htm. wide policies, delegations of FAR 2. Subpart 235.70 is removed. authorities, deviations from FAR This proposed rule is a result of the requirements, and policies/procedures DFARS Transformation initiative. The [FR Doc. 04–3695 Filed 2–20–04; 8:45 am] that have a significant effect beyond the rule deletes DFARS Subpart 235.70, BILLING CODE 5001–08–P internal operating procedures of DoD or Research and Development Streamlined a significant cost or administrative Contracting Procedures. This subpart DEPARTMENT OF DEFENSE impact on contractors or offerors. contains procedures for acquiring Additional information on the DFARS research and development using a 48 CFR Parts 235 and 252 Transformation initiative is available at standard solicitation and contract http://www.acq.osd.mil/dp/dars/ format and the capabilities of the World [DFARS Case 2003–D067] transf.htm. Wide Web. These procedures have This proposed rule is a result of the Defense Federal Acquisition DFARS Transformation initiative. The become obsolete, due to further Regulation Supplement; Research and proposed changes include— advances in technology since their Development Contracting creation. • Updating of a statutory reference at AGENCY: DFARS 235.006–70. This rule was not subject to Office of Department of Defense (DoD). • Deletion of unnecessary text at Management and Budget review under ACTION: Proposed rule with request for DFARS 235.007 and 235.015. Executive Order 12866, dated comments. • Deletion of text at DFARS 235.010 September 30, 1993. SUMMARY: DoD is proposing to amend regarding DoD maintenance of scientific B. Regulatory Flexibility Act the Defense Federal Acquisition and technical reports. Text on this Regulation Supplement (DFARS) to subject will be relocated to the new DoD does not expect this rule to have update text pertaining to research and DFARS companion resource, a significant economic impact on a development contracting. This proposed Procedures, Guidance, and Information substantial number of small entities rule is a result of a transformation (PGI). A proposed rule describing the within the meaning of the Regulatory initiative undertaken by DoD to purpose and structure of PGI is Flexibility Act, 5 U.S.C. 601, et seq., dramatically change the purpose and published elsewhere in this issue of the because the rule deletes text that is content of the DFARS. Federal Register under DFARS Case obsolete and no longer in use. DATES: Comments on the proposed rule 2003–D090, Procedures, Guidance, and Therefore, DoD has not performed an should be submitted in writing to the Information. initial regulatory flexibility analysis. address shown below on or before April • Updating of administrative DoD invites comments from small 23, 2004, to be considered in the information at DFARS 235.017–1 and businesses and other interested parties. formation of the final rule. 252.235–7011. DoD also will consider comments from ADDRESSES: Respondents may submit Although no change is proposed to small entities concerning the affected comments via the Internet at http:// DFARS 235.015–70, Special use DFARS subpart in accordance with 5 emissary.acq.osd.mil/dar/dfars.nsf/ allowance for research facilities U.S.C. 610. Such comments should be pubcomm. As an alternative, acquired by educational institutions, DoD also is seeking comment on the submitted separately and should cite respondents may e-mail comments to: [email protected]. Please cite DFARS Case currency and use of this text. DFARS Case 2003–D058. 2003–D067 in the subject line of e- This rule was not subject to Office of C. Paperwork Reduction Act mailed comments. Management and Budget review under Respondents that cannot submit Executive Order 12866, dated The Paperwork Reduction Act does comments using either of the above September 30, 1993. not apply because the rule does not methods may submit comments to: B. Regulatory Flexibility Act impose any information collection Defense Acquisition Regulations requirements that require the approval Council, Attn: Ms. Teresa Brooks, DoD does not expect this rule to have of the Office of Management and Budget OUSD(AT&L)DPAP(DAR), IMD 3C132, a significant economic impact on a under 44 U.S.C. 3501, et seq. 3062 Defense Pentagon, Washington, DC substantial number of small entities 20301–3062; facsimile (703) 602–0350. within the meaning of the Regulatory Please cite DFARS Case 2003–D067. Flexibility Act, 5 U.S.C. 601, et seq., At the end of the comment period, because DFARS changes are limited to interested parties may view public updating of administrative information

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or deletion of text that is unnecessary or PART 252—SOLICITATION methods may submit comments to: addresses procedural matters. Therefore, PROVISIONS AND CONTRACT Defense Acquisition Regulations DoD has not performed an initial CLAUSES Council, Attn: Ms. Teresa Brooks, regulatory flexibility analysis. DoD OUSD(AT&L)DPAP(DAR), IMD 3C132, invites comments from small businesses 7. Section 252.235–7011 is revised to 3062 Defense Pentagon, Washington, DC and other interested parties. DoD also read as follows: 20301–3062; facsimile (703) 602–0350. will consider comments from small 252.235–7011 Final Scientific or Technical Please cite DFARS Case 2003–D045. entities concerning the affected DFARS Report. At the end of the comment period, interested parties may view public subparts in accordance with 5 U.S.C. As prescribed in 235.071(d), use the comments on the Internet at http:// 610. Such comments should be following clause: submitted separately and should cite emissary.acq.osd.mil/dar/dfars.nsf. DFARS Case 2003–D067. Final Scientific or Technical Report (XXX FOR FURTHER INFORMATION CONTACT: Ms. Teresa Brooks, (703) 602–0326. C. Paperwork Reduction Act 2004) The Contractor shall— SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act does (a) Submit two copies of the approved not apply because the rule does not scientific or technical report delivered under A. Background impose any information collection this contract to the Defense Technical requirements that require the approval Information Center, Attn: DTIC–O, 8725 John DFARS Transformation is a major of the Office of Management and Budget J. Kingman Road, Fort Belvoir, VA 22060– DoD initiative to dramatically change under 44 U.S.C. 3501, et seq. 6218; the purpose and content of the DFARS. (b) Include a completed Standard Form The objective is to improve the List of Subjects in 48 CFR Parts 235 and 298, Report Documentation Page, with each efficiency and effectiveness of the 252 copy of the report; and acquisition process, while allowing the (c) For submission of reports in other than Government procurement. paper copy, contact the Defense Technical acquisition workforce the flexibility to innovate. The transformed DFARS will Michele P. Peterson, Information Center or follow the instructions at http://www.dtic.mil. contain only requirements of law, DoD- Executive Editor, Defense Acquisition (End of Clause) wide policies, delegations of FAR Regulations Council. authorities, deviations from FAR Therefore, DoD proposes to amend 48 [FR Doc. 04–3696 Filed 2–20–04; 8:45 am] requirements, and policies/procedures CFR Parts 235 and 252 as follows: BILLING CODE 5001–08–P that have a significant effect beyond the 1. The authority citation for 48 CFR internal operating procedures of DoD or Parts 235 and 252 continues to read as a significant cost or administrative DEPARTMENT OF DEFENSE follows: impact on contractors or offerors. Additional information on the DFARS Authority: 41 U.S.C. 421 and 48 CFR 48 CFR Parts 251 and 252 Chapter 1. Transformation initiative is available at [DFARS Case 2003–D045] http://www.acq.osd.mil/dp/dars/ PART 235—RESEARCH AND transf.htm. DEVELOPMENT CONTRACTING Defense Federal Acquisition This proposed rule is a result of the Regulation Supplement; Contractor DFARS Transformation initiative. The 235.006–70 [Amended] Use of Government Supply Sources proposed changes include— • Deletion of text at DFARS 251.102 2. Section 235.006–70 is amended in AGENCY: Department of Defense (DoD). the introductory text by removing ‘‘10 containing procedures for authorizing a ACTION: Proposed rule with request for U.S.C. 2525(d)’’ and adding in its place contractor to use Government supply comments. ‘‘10 U.S.C. 2521(d)’’. sources. Text on this subject will be SUMMARY: relocated to the new DFARS companion 235.007 [Removed] DoD is proposing to amend the Defense Federal Acquisition resource, Procedures, Guidance, and 3. Section 235.007 is removed. Regulation Supplement (DFARS) to Information (PGI). A proposed rule 4. Section 235.010 is revised to read update text pertaining to contractor use describing the purpose and structure of as follows: of Government supply sources. This PGI is published elsewhere in this issue of the Federal Register under DFARS 235.010 Scientific and technical reports. proposed rule is a result of a transformation initiative undertaken by Case 2003–D090, Procedures, Guidance, (b) For DoD, the Defense Technical and Information. DoD to dramatically change the purpose • Information Center is responsible for and content of the DFARS. Deletion of text at DFARS 251.105 collecting all scientific and technical regarding contractor payment for DATES: reports. For access to these reports, Comments on the proposed rule purchases from Government supply follow the procedures at PGI 235.010(b). should be submitted in writing to the sources. This subject is addressed in the address shown below on or before April clause at DFARS 252.251–7000 as 235.015 [Removed] 23, 2004, to be considered in the amended by this rule. 5. Section 235.015 is removed. formation of the final rule. This rule was not subject to Office of ADDRESSES: Respondents may submit Management and Budget review under 235.017–1 [Amended] comments via the Internet at http:// Executive Order 12866, dated 6. Section 235.017–1 is amended in emissary.acq.osd.mil/dar/dfars.nsf/ September 30, 1993. paragraph (c)(4) by revising the first pubcomm. As an alternative, parenthetical to read ‘‘(C3I Laboratory respondents may e-mail comments to: B. Regulatory Flexibility Act operated by the Institute for Defense [email protected]. Please cite DFARS Case DoD does not expect this rule to have Analysis, Lincoln Laboratory operated 2003-D045 in the subject line of e- a significant economic impact on a by Massachusetts Institute of mailed comments. substantial number of small entities Technology, and Software Engineering Respondents that cannot submit within the meaning of the Regulatory Institute operated by Carnegie Mellon)’’. comments using either of the above Flexibility Act, 5 U.S.C. 601, et seq.,

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because the DFARS changes address a. By revising the clause date to read SUPPLEMENTARY INFORMATION: procedural matters that apply only ‘‘(XXX 2004)’’; Summary of Petition when a contractor is authorized to use b. In paragraph (c)(4) by revising the Government supply sources. Therefore, second sentence; and On December 19, 2002, the agency DoD has not performed an initial c. In paragraph (c)(4) by adding a new received a petition from IIHS to amend regulatory flexibility analysis. DoD sentence after the second sentence. The the requirements of FMVSS No. 214 invites comments from small businesses revised and added text reads as follows: (S6.3 and S6.4) and FMVSS No. 208 (S8.1.2 and S8.1.3), which specify the and other interested parties. DoD also 252.251–7000 Ordering From Government will consider comments from small Supply Sources. positioning of adjustable seats and entities concerning the affected DFARS adjustable seat backs during vehicle * * * * * testing. Currently, the standards require subparts in accordance with 5 U.S.C. (c) * * * 610. Such comments should be (4) * * * For purchases made from the seat to be positioned at the full- submitted separately and should cite DoD supply sources, this means within forward position for the 5th percentile DFARS Case 2003–D045. 30 days of the date of a proper invoice. female dummy (FMVSS No. 208 only) and the midtrack position for the 50th C. Paperwork Reduction Act The Contractor shall annotate each invoice with the date of receipt. * * * percentile male dummy. Also, The Paperwork Reduction Act does adjustable seat backs are set to the not apply because the rule does not * * * * * manufacturers’ recommended impose any information collection [FR Doc. 04–3694 Filed 2–20–04; 8:45 am] adjustment angle. IIHS contends that the requirements that require the approval BILLING CODE 5001–08–P seating positions used in FMVSS Nos. of the Office of Management and Budget 208 and 214 do not represent real-world under 44 U.S.C. 3501, et seq. occupant behavior. The petition referred DEPARTMENT OF TRANSPORTATION to a study 1 where the mean-selected List of Subjects in 48 CFR Parts 251 and seating positions of more than 600 adult 252 National Highway Traffic Safety volunteers were compared with the Government procurement. Administration midtrack positions in 26 vehicles. Results showed that mean-selected seat Michele P. Peterson, 49 CFR Part 571 positions were 46 mm rearward of Executive Editor, Defense Acquisition [Docket No. NHTSA–2003–16920] midtrack for 50th percentile males, and Regulations Council. 42 mm rearward of full-forward for 5th Therefore, DoD proposes to amend 48 Federal Motor Vehicle Safety percentile females. In addition, IIHS CFR parts 251 and 252 as follows: Standards; Denial of Petition for contends that 44 percent of the vehicles 1. The authority citation for 48 CFR Rulemaking tested in the IIHS crashworthiness parts 251 and 252 continues to read as evaluation program had chest-to-air-bag- follows: AGENCY: National Highway Traffic Safety Administration (NHTSA), module clearance measures of less than Authority: 41 U.S.C. 421 and 48 CFR Department of Transportation (DOT). 250 mm. They believe this is an Chapter 1. inappropriate seating position based on ACTION: Denial of petition for the NHTSA recommended clearance rulemaking. PART 251—USE OF GOVERNMENT measure of 250 mm. As a result, IIHS SOURCES BY CONTRACTORS SUMMARY: NHTSA is denying a petition petitioned to amend the standards by 2. Section 251.102 is revised to read for rulemaking from the Insurance incorporating a new procedure to set the as follows: Institute for Highway Safety (IIHS) to seat track and seat back adjustment amend current seating position based on the UMTRI Seating 251.102 Authorization to use Government procedures for Federal Motor Vehicle Accommodation Model. This model is supply sources. Safety Standard (FMVSS) Nos. 208, based upon driver posture and position (e) When authorizing contractor use of ‘‘Occupant crash protection,’’ and 214, data collected in 36 different vehicles, Government supply sources, follow the ‘‘Side impact protection.’’ IIHS had each with measurements for 60–120 procedures at PGI 251.102. petitioned to adopt procedures based driver subjects. IIHS stated that the (3)(ii) The contracting officer may also upon the University of Michigan proposed amendments would assure authorize the contractor to use the DD Transportation Research Institute that the dummy test positions more Form 1155 when requisitioning from the (UMTRI) Seating Accommodation accurately reflect real-world seating Department of Veterans Affairs. Model. positions for all NHTSA-regulated crash (f) The authorizing agency is also tests that are not intended to address FOR FURTHER INFORMATION CONTACT: The specific crash injury risks (e.g. out-of- responsible for promptly considering following persons at the National position air bag injuries). Therefore, requests of the DoD supply source for Highway Traffic Safety Administration, IIHS also petitioned to incorporate the authority to refuse to honor requisitions 400 Seventh Street, SW, Washington, UMTRI procedure in the New Car from a contractor that is indebted to DC 20590: DoD and has failed to pay proper For non-legal issues: Mr. Philip Oh, Assessment Program (NCAP) crash tests. invoices in a timely manner. Office of Crashworthiness Standards, In addition, IIHS suggested that the agency conduct a study of passenger 251.105 [Removed] NVS–112, telephone (202) 493–0195, facsimile (202) 493–2290, electronic seating positions to determine the most 3. Section 251.105 is removed. mail: [email protected] appropriate dummy placement. NHTSA For legal issues: Ms. Rebecca denies this petition for the reasons PART 252—SOLICITATION described below. PROVISIONS AND CONTRACT MacPherson, Office of the Chief Counsel, NCC–112, telephone (202) CLAUSES 1 Manary, M.A. et al., ‘‘ATD Positioning Based on 366–2992, facsimile (202) 366–3820, Driver Posture and Position.’’ SAE Technical Paper 4. Section 252.251–7000 is amended electronic mail: Series 983163. Warrendale, PA, Society Of as follows: [email protected] Automotive Engineers, 1998.

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Analysis and Conclusion which is full-forward and down for 250 mm steering wheel hub-to-chest NHTSA recognizes that current small females, mid-track and down for clearance, regardless of NHTSA’s procedures do not replicate all real- midsize males, and full-rear and down recommendation. world seating positions of occupants for large males. IIHS does not provide In conclusion, NHTSA denies this similar in size to the 5th and 50th any data on real-world occupant seating petition for rulemaking based on a lack percentile dummies. However, the preferences for these specified vehicles. of compelling beneficial evidence agency believes that the current Therefore, without existing occupant supporting the UMTRI procedure and procedure appropriately represents seating preferences for the fifteen the agency’s views about the adequacy positions where 5th and 50th percentile vehicles, there is no basis upon which of the current seating procedure. Also, occupants may sit. NHTSA believes the to compare the accuracy of the UMTRI NHTSA declines the suggestion to use procedure to the current agency full-forward position is appropriate for the UMTRI procedure in its NCAP procedure. the 5th percentile female dummy testing. The agency has no immediate NHTSA believes that the regression plans to conduct research on an because it best represents the worst-case analysis used by UMTRI is an scenario for air bag-induced injuries in alternative seating method for either the appropriate tool to observe trends in driver or passenger positions. However, high severity crashes. Although the full data, but is not by itself sufficient to forward position does not replicate all NHTSA may revisit the seat position define a procedure that will affect all issue at a later time depending on the real-world seating positions for small vehicles under FMVSS Nos. 208 and females, the agency believes that some agency’s future research needs and 214. Several points support this agency priorities. drivers will position their seat full- belief. First, the formula representing forward, making it a realistic seating the regression is based on a finite Authority: 49 U.S.C. 30162; delegation of authority at 49 CFR 1.50 and 501.8. position. Likewise, the agency believes number of vehicles. Although different the mid-track positioning of the 50th sizes of vehicles were included in the Issued on: February 17, 2004. percentile male dummy is an acceptable study, the formula would change as Stephen R. Kratzke, position that represents where an adult- other vehicle seating positions are Associate Administrator for Rulemaking. sized occupant may sit. A further studied. Also, the regression formula [FR Doc. 04–3756 Filed 2–20–04; 8:45 am] rearward displacement of the dummy would change as the fleet characteristics BILLING CODE 4910–59–P reduces the likelihood that the dummy change over time. There is no guarantee will significantly interact with the that equations derived from data interior of the vehicle, particularly since collected in the past would apply to DEPARTMENT OF THE INTERIOR braking dynamics in most real-world vehicles in the future. Outlying data crashes will move the occupant forward points in the data today may become Fish and Wildlife Service of the pre-braking seating position. At more frequent, causing additional present, the 5th and 50th percentile practicability issues. Lastly, using the 50 CFR Part 17 dummies are used in FMVSS No. 208 to UMTRI regression analysis as the basis assess safety protection for all sizes of for all seating procedures produces a RIN 1018–AH93 occupants. best-fit line through all the vehicles’ Revisions to the Regulations IIHS does not give compelling actual seating preference mean collected Applicable to Permits Issued Under the evidence to conclude that the UMTRI by UMTRI. Inherently, a margin of error Endangered Species Act seating procedure is more reflective of is produced in the regression line as the real-world behavior compared to the actual data set becomes non-linear AGENCY: Fish and Wildlife Service, current agency procedure. Because (scattered). This method does not Interior. many results in Appendix D of the necessarily provide the most accurate ACTION: petition 2 would place the seat outside Proposed rule; reopening of position for each individual vehicle. comment period. the physical limitation of the seat track, Finally, IIHS argues that many the agency believes that the UMTRI vehicles do not meet the NHTSA SUMMARY: We, the U.S. Fish and results do not accurately depict real- recommended minimum 250 mm Wildlife Service, announce the world behavior in many cases. steering wheel hub-to-chest clearance reopening of the comment period for the Appendix D shows eight of the fifteen with the current seating procedure. proposed rule to revise our regulations vehicles having seat positions that do However, the agency has found that pertaining to permits issued under the not physically exist on the vehicle seat IIHS measurement data do not Endangered Species Act. Apparent track. For example, according to the necessarily correspond to measurements confusion on the part of the public UMTRI results, the seating position for taken from NHTSA’s NCAP tests. For regarding the scope of this proposed a midsize male in a 2001 Dodge Grand example, as described in the NCAP rule has prompted us to reopen the ¥ Caravan is 64 mm and 10 mm aft and frontal report for the model year 2000 comment period to allow for additional above the reference positions, Ford Taurus,3 the steering wheel hub-to- comment. Comments previously respectively. This seating position chest measurement is recorded as 298 submitted need not be resubmitted, as would place the seat vertically below mm. The IIHS measurement was 228 they will be incorporated into the public the full-down position, which mm. According to NHTSA’s NCAP test record and considered in the physically does not exist within the reports, the agency has not found any preparation of the final rule. range of seat motion. vehicles listed in Appendix B of the DATES: Comments and information will Furthermore, in Appendix D, IIHS petition that have less than 250 mm of be accepted from all interested parties presents data on the results of the clearance, and therefore believes the until 5 p.m. on March 9, 2004. No UMTRI seating procedure for fifteen current procedure is consistent with comments will be accepted after this different vehicles. The results are shown agency recommendations. Furthermore, date. solely as a relationship to horizontal the agency believes that some occupants and vertical seating reference positions, may position themselves closer than the ADDRESSES: (1) You may submit comments on the proposed rule to 2 See Docket Number NHTSA–2002–11398–9. 3 See Docket Number NHTSA–1999–4962–67. Chief, Division of Conservation and

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Classification, U.S. Fish and Wildlife for the purposes of administering the representatives or officials of Service, 4401 N. Fairfax Drive, Suite draft policy. The proposed rule does not organizations or businesses, available 420, Arlington, VA 22203; or (2) you affect or facilitate the procedures for public inspection in their entirety. may send comments by electronic mail described in the draft policy notice, and Comments and materials received will (e-mail) to [email protected]. the status of the proposed rule has no be available for public inspection, by These comments should not contain any bearing on any subsequent action under appointment, during normal business attachments, as they may be stripped the draft policy. At this time, we hours at the above address. from the e-mail. (See ‘‘Public Comments continue to review the comments Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Solicited’’ section below.) received on the draft policy and will 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Comments received will be made determine how to proceed on that 625, 100 Stat. 3500; unless otherwise noted. available to the public and become part policy upon completion of our review of Dated: February 13, 2004. of the file for the proposal. You may those comments. This determination examine comments and materials will be independent of any final action Paul Hoffman, received during normal business hours on the proposed rule. Acting Assistant Secretary for Fish and Wildlife and Parks. at the above address in Arlington, VA, Public Comments Solicited after the close of the comment period. [FR Doc. 04–3869 Filed 2–18–04; 4:57 pm] You must make an appointment to We are soliciting written comments BILLING CODE 4310–55–P examine these materials. on the proposed rule from the public, other concerned governmental agencies, FOR FURTHER INFORMATION CONTACT: the scientific community, industry or DEPARTMENT OF COMMERCE Chris Nolin, Division of Conservation any other interested party. Verbal and Classification, telephone 703/358– comments will not be accepted. National Oceanic and Atmospheric 2171. Comments previously submitted on the Administration SUPPLEMENTARY INFORMATION: proposed rule need not be resubmitted, 50 CFR Part 300 Background because they will be incorporated into the public record as part of this [Docket No. 04020949–4049–01 ; I.D. The U.S. Fish and Wildlife Service is reopening of the comment period and 012204B] reopening the comment period for the will be fully considered in the final rule. RIN 0648–AR83 proposed rule titled ‘‘Revisions to the It is our intent that any final action Regulations Applicable to Permits resulting from our proposed rule be as Issued Under the Endangered Species Pacific Halibut Fisheries; Catch accurate as possible. As indicated Sharing Plan Act’’ (68 FR 53327, September 10, 2003) above, comments on the draft policy are (‘‘proposed rule’’). The comment period not solicited as part of the reopening of AGENCY: National Marine Fisheries for the proposed rule overlapped part of the comment period on the proposed Service (NMFS), National Oceanic and the comment period on a notice on a rule; only comments addressing the Atmospheric Administration (NOAA), different subject, entitled ‘‘Draft Policy proposed rule will be considered under Commerce. for Enhancement-of-Survival Permits for this open comment period. ACTION: Proposed rule; proposed Foreign Species Listed Under the If you submit comments by electronic changes to the Catch Sharing Plan and Endangered Species Act’’ (68 FR 49512, mail (e-mail) please submit them as an to domestic Area 2A halibut August 18, 2003) (‘‘draft policy’’). This ASCII file and avoid the use of special management measures. overlap in public comment periods characters, or any form of encryption. In resulted in some apparent confusion addition, we request that you do not SUMMARY: NMFS proposes, under among the public on the scope and include any attachments as these may authority of the Northern Pacific Halibut intent of the proposed rule. get accidentally stripped from your Act (Halibut Act), to approve and The principal purpose of the message during the review process. You implement changes to the Area 2A proposed rule was to more explicitly must also include your name and Pacific Halibut Catch Sharing Plan describe and accommodate the domestic address in your e-mail message. You (Plan) to: provide more flexibility for application of different types of will not receive a confirmation from the Washington inseason sport fishery enhancement activities that can be system. management; revise the public permitted by the Service under Our practice is to make comments, announcement process for the Puget authority of section 10(a)(1)(A) of the including names and home addresses of Sound sport fishery (Washington’s Act. The Service recognizes that its respondents, available for public review inside waters subarea); revise season existing regulations at sections 17.22(a) during regular business hours. dates for the Washington North Coast and 17.32(a) do not clearly describe the Individual respondents may request that and South Coast sport fisheries; full range of activities that enhance we withhold their home addresses from combine the Oregon North Central and species survival, especially those the administrative record, which we South Central subareas; revise the activities which relate to domestic will honor to the extent allowable by ‘‘additional fishing days’’ season species. Accordingly, we proposed to law. There also may be circumstances in structure for Oregon’s spring and revise sections 17.22(a) and 17.32(a) to which we would withhold from the summer sport fisheries; extend the clarify the range of actions that may be administrative record a respondent’s season closing date for Oregon/ permitted. The proposed rule was also identity, as allowable by law. If you California sport fisheries in the South of intended to clarify that these permits would like us to withhold your name Humbug Mountain subarea; and change may also be issued in conjunction with and/or address, you must state this the depth restriction for Oregon’s Candidate Conservation Agreements prominently at the beginning of your nearshore sport fishery. NMFS also with Assurances and Safe Harbor comment. However, we will not proposes to approve and implement Agreements that contemplate consider anonymous comments. We changes to the annual domestic intentional take. will make all submissions from management measures to revise the The proposed rule was not intended organizations or businesses, and from closed area to non-treaty commercial to make any changes to the regulations individuals identifying themselves as halibut fishing in Area 2A. NMFS is

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proposing measures to implement the regulatory Area 2A (off Washington, changes to the Plan and public portions of the Area 2A Catch Sharing Oregon, and California). comments, and made the final Plan that are not implemented through In 1995, NMFS implemented the recommendations for modifications to the International Pacific Halibut Pacific Council-recommended long-term the Plan as follows: Commission (IPHC). These actions are Plan (60 FR 14651, March 20, 1995). In (1) Remove the requirement to intended to enhance the conservation of each of the intervening years between ‘‘sponsor a public workshop shortly Pacific halibut and to protect yelloweye 1995 and the present, minor revisions to after the IPHC annual meeting’’ to rockfish, and overfished groundfish the Plan have been made to adjust for develop the season structure for the species, from incidental catch in the the changing needs of the fisheries. The Puget Sound recreational fishery. halibut fisheries. Plan allocates 35 percent of the Area 2A (2) Change the opening date of the Washington North Coast subarea fishery DATES: Comments on the proposed TAC to Washington treaty Indian tribes changes to the Plan and on the proposed in Subarea 2A–1 and 65 percent to non- from May 1 to the first Tuesday between domestic Area 2A halibut management Indian fisheries in Area 2A. The May 9 and May 15. (3) Change the opening date of the measures must be received no later than allocation to non-Indian fisheries is Washington North Coast area June 5 p.m., local time on March 9, 2004. divided into three shares, with the Washington sport fishery (north of the fishery from the third Wednesday in ADDRESSES: Send written comments or Columbia River) receiving 36.6 percent, June to ‘‘during the third week of June.’’ requests for a copy of the Plan and/or the Oregon/California sport fishery (4) Add a statement to the Washington the Regulatory Impact Review (RIR)/ receiving 31.7 percent, and the north coast, Washington south coast, Initial Regulatory Flexibility Analysis commercial fishery receiving 31.7 and Columbia River subareas that, (IRFA) to D. Robert Lohn, Regional percent. The commercial fishery is subsequent to a closure prior to Administrator, Northwest Region, further divided into a directed September 30, if there is insufficient NMFS, 7600 Sand Point Way NE, commercial fishery that is allocated 85 quota remaining to reopen that given Seattle, WA 98115–0070; or fax to 206– percent of the commercial allocation subarea for another fishing day, then 526–6736, care of Jamie Goen; or email and an incidental catch in the salmon any remaining quota may be transferred [email protected]. Comments troll fishery that is allocated 15 percent inseason to another Washington coastal sent via email, including all of the commercial allocation. The subarea by NMFS via an update to the attachments, must not exceed a 10 directed commercial fishery in Area 2A recreational halibut hotline. In the case megabyte file size. Electronic copies of is confined to southern Washington of the Columbia River subarea, the the Plan, including proposed changes (south of 46°53’18’’ N. lat.), Oregon, and transfer would be to another for 2004, and of the draft RIR/IRFA are California. North of 46°53’18’’ N lat. (Pt. Washington and/or Oregon subarea also available at the NMFS Northwest Chehalis), the Plan allows for incidental based on preseason shares of the Region Web site: http:// halibut retention in the primary limited subarea allocation. www.nwr.noaa.gov, click on ‘‘Pacific entry longline sablefish fishery when (5) Switch from a 5–day/week fishery Halibut.’’ the overall Area 2A TAC is above to a 7–day/week fishery beginning July FOR FURTHER INFORMATION CONTACT: 900,000 lb (408.2 mt). The Plan also 1 for the Washington South Coast Jamie Goen or Yvonne deReynier divides the sport fisheries into seven subarea. (Northwest Region, NMFS), phone: 206– geographic subareas, each with separate (6) Combine the Oregon North Central 526–6140; fax: 206–526–6736 and; e- allocations, seasons, and bag limits. and South Central Coast subareas. (7) Open the spring Cape Falcon, OR mail: [email protected] or Pacific Council Recommended Changes [email protected]. to Humbug Mountain, OR all-depth to the Plan and Domestic Fishing recreational fishery Thursday through SUPPLEMENTARY INFORMATION: The Regulations Saturday beginning the second Halibut Act of 1982, at 16 U.S.C. 773c, Each year, the states (Washington Thursday in May (if the season is 5 or gives the Secretary of Commerce Department of Fish and Wildlife more fishing days) or the second Friday (Secretary) general responsibility for (WDFW) and Oregon Department of in May (if the season is 4 or fewer implementing the provisions of the Fish and Wildlife (ODFW)) and tribes fishing days), with exceptions to avoid Halibut Convention between the United consider whether changes to the Plan adverse tidal conditions. Allow any States and Canada. It requires the are needed or desired by their fishery remaining quota from the spring Cape Secretary to adopt such regulations as participants. Fishery managers from the Falcon, OR to Humbug Mountain, OR may be necessary to carry out the states and tribes hold public meetings all-depth recreational fishery to be used purposes and objectives of the before both the September and by opening every other Friday and Convention and the Halibut Act. Section November Pacific Council meetings to Saturday, but allow some weeks to be 773c(c) of the Halibut Act authorizes the get public input on revisions to the closed to avoid adverse tidal conditions. Regional Fishery Management Councils Plan. At the September 2003 Pacific (8) Open the summer Cape Falcon, OR to develop regulations governing the Council meeting, the states and Humbug Mountain, OR all-depth Pacific halibut catch in their recommended several changes to the recreational fishery on every other corresponding U.S. Convention waters Plan and the tribes announced that they Friday and Saturday beginning with the that are in addition to, but not in had no proposal for revising the Plan in first Friday in August, but allow some conflict with, regulations of the IPHC. 2004. Following the September 2003 weeks to be closed to avoid adverse Each year between 1988 and 1995, the Pacific Council meeting, the states again tidal conditions. Allow unused quota to Pacific Fishery Management Council reviewed their proposals with the be transferred to Oregon’s nearshore (Pacific Council) developed a catch public and drafted their recommended fishery. sharing plan in accordance with the revisions for review by the Pacific (9) Change the depth restriction in the Halibut Act to allocate the total Council. Cape Falcon, OR to Humbug Mountain, allowable catch (TAC) of Pacific halibut At its November 3–7, 2003, meeting in OR nearshore recreational fishery from between treaty Indian and non-treaty Del Mar, CA, the Pacific Council 30 fathoms to 40 fathoms for harvesters and among non-treaty considered the results of state- consistency with the 2004 recreational commercial and sport fisheries in IPHC sponsored workshops on the proposed groundfish fishery regulations.

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(10) Prohibit possession of Pacific In section (f) of the Plan, Sport subquota will be added to the summer halibut taken in the Cape Falcon, OR to Fisheries, insert two sentences after the all-depth sub-quota. Any poundage that Humbug Mountain, OR nearshore fourth sentence in paragraph (1)(iv) to is not needed to extend the inside 40– recreational fishery in other areas. read as follows: fathom (73–m) fishery through to (11) Extend the closing date for the Subsequent to this closure, if there is October 31 will be added to the summer South of Humbug Mountain, OR insufficient quota remaining in the all-depth season if it can be used, and recreational fishery from September 30 Columbia River subarea for another any poundage remaining unharvested to October 31. fishing day, then any remaining quota from the summer all-depth fishery will may be transferred inseason to another Proposed Changes to the Plan be added to the inside 40–fathom Washington and/or Oregon subarea by fishery subquota. The daily bag limit for NMFS is proposing to approve and to NMFS via an update to the recreational all seasons is the first halibut taken, per make the following changes to the Plan: halibut hotline. The Washington person, of 32 inches (81.3 cm) or greater In section (f) of the Plan, Sport proportion as set preseason would be in length. ODFW will sponsor a public Fisheries, revise the second to last transferred to another Washington workshop shortly after the IPHC annual sentence of paragraph (1)(i) to read from subarea, and the Oregon proportion as meeting to develop recommendations to the second to last sentence as follows: set preseason would be transferred to NMFS on the open dates for each season The WDFW will develop another Oregon subarea. each year. The three seasons for this recommendations to NMFS on the In section (f) of the Plan, Sport subarea are as follows. opening date and weekly structure of Fisheries, paragraph (1)(v) is revised to A. The first season opens on May 1, the fishery each year. The daily bag read as follows: only in waters inside the 40–fathom limit is one fish per person, with no size (v) Oregon Central Coast Subarea. (73–m) curve, and continues daily until limit. This subarea extends from Cape the subquota (8 percent of the subarea In section (f) of the Plan, Sport Falcon, OR (45°46’00’’ N. lat.) to quota) is taken, or until October 31, Fisheries, revise the fifth through eighth Humbug Mountain, OR (42°40’30’’ N. whichever is earlier. Poundage that is sentences of paragraph (1)(ii) to read as lat.) and is allocated 95.0 percent of the estimated to be above the amount follows: Oregon/California sport allocation. The needed to keep this season open The fishery will open on the first structuring objectives for this subarea through October 31 will be transferred Tuesday between May 9 and 15, and are to provide two periods of fishing to the summer all-depth fishery if it can continue 5 days per week (Tuesday opportunity in spring and in summer in be used. Any overage in the all-depth through Saturday) until the May productive deeper water areas along the fisheries would not affect achievement allocation is projected to be taken. The coast, principally for charterboat and of allocation set aside for the inside 40– fishery will then reopen during the third larger private boat anglers, and provide fathom curve fishery. week in June and continue until the a period of fishing opportunity in the B. The second season is an all-depth remaining quota is projected to be taken, summer for nearshore waters for small fishery with two potential openings. 5 days per week (Tuesday through boat anglers. Fixed season dates will be The first opening begins on the second Saturday.) No sport fishing for halibut is established preseason for the spring Thursday in May (if the season is 5 or allowed after September 30. If the opening and will not be modified more fishing days) or the second Friday fishery is closed prior to September 30, inseason except that the spring opening in May (if the season is 4 or fewer and there is insufficient quota may be modified inseason if the fishing days) and is allocated 69 percent remaining to reopen this subarea for combined Oregon all-depth spring and of the subarea quota. Fixed season dates another fishing day, then any remaining summer season total quotas are for the first opening will be established quota may be transferred inseason to estimated to be achieved. Recent year preseason based on projected catch per another Washington coastal subarea by catch rates will be used as a guideline day and number of days to achievement NMFS via an update to the recreational for estimating the catch rate for the of the subquota for this season. The first halibut hotline. spring fishery each year. The number of opening will be structured for 2 days In section (f) of the Plan, Sport fixed season days established will be per week (Friday and Saturday) if the Fisheries, revise paragraph (1)(iii) from based on the projected catch per day season is for 4 or fewer fishing days. the fifth sentence to the end of the with the intent of not exceeding the The fishery will be structured for 3 days paragraph to read as follows: subarea season quota. ODFW will per week (Thursday through Saturday) The fishery will be open Sunday monitor landings and provide a post- if the season is for 5 or more fishing through Thursday in all areas, except season estimate of catch within 1 week days. The fixed season dates will be where prohibited, and the fishery will of the end of the fixed season. If established preseason and will occur in be open 7 days per week in the area sufficient catch remains for an consecutive weeks starting the second from Queets River, WA south to additional day of fishing after the spring Thursday in May (if the season is 5 or 47°00’00’’ N. lat. and east of 124°40’00’’ season, openings will be provided if more fishing days) or second Friday in W. long. Beginning July 1, the halibut possible in May - July. Potential open May (if the season is 4 or fewer fishing fishery will be open 7 days per week. dates for both the spring (May - July) days), with exceptions to avoid adverse The fishery will continue until and summer (August - October) seasons tidal conditions. If, following the September 30, or until the quota is will be announced preseason. If a ‘‘fixed’’ dates, quota for this season achieved, whichever occurs first. decision is made inseason to allow remains unharvested, a second opening Subsequent to this closure, if there is fishing on one or more additional days, will be held. The fishery will be open insufficient quota remaining to reopen notice of the opening will be announced every other week on Friday and this subarea for another fishing day, on the NMFS hotline (206) 526–6667 or Saturday except that week(s) could be then any remaining quota may be (800) 662–9825. No all-depth halibut skipped to avoid adverse tidal transferred inseason to another fishing will be allowed on the conditions. The potential open Fridays Washington coastal subarea by NMFS additional dates unless the opening date and Saturdays will be identified via an update to the recreational halibut has been announced on the NMFS preseason. The fishery will continue hotline. The daily bag limit is one hotline. Any poundage remaining until there is insufficient quota for an halibut per person, with no size limit. unharvested in the spring all-depth additional day of fishing or July 31,

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whichever occurs first. Any remaining Washington Inside Waters (Subarea rockfish conservation area bounded by quota will be added to the summer Puget Sound and Straits) the following coordinates: ° ° quota. No inseason adjustments will be This subarea would be allocated 48 18’ N. lat.; 125 18’ W. long.; made to the established fixed season 48°18’ N. lat.; 124°59’ W. long.; 62,517 lb (28 mt) at an Area 2A TAC of ° ° unless the combined Oregon all-depth 48 11’ N. lat.; 124 59’ W. long.; 1,300,000 lb (590 mt) in accordance 48°11’ N. lat.; 125°11’ W. long.; spring and summer season total with the Plan. According to the Plan, ° ° subquotas are estimated to be achieved. 48 04’ N. lat.; 125 11’ W. long.; the structuring objective for this subarea 48°04’ N. lat.; 124°59’ W. long.; C. The last season is an all-depth is to provide a stable sport fishing 48°00’ N. lat.; 124°59’ W. long.; fishery that begins on the first Friday in opportunity and to maximize the season 48°00’ N. lat.; 125°18’ W. long.; August and is allocated 23 percent of length. In 2003, the fishery in this and connecting back to 48°18’ N. lat.; the subarea quota. The fishery will be subarea was 52 days long, from May 8 125°18’ W. long. structured to be open every other week through July 18 in the Eastern region Washington South Coast Subarea on Friday and Saturday except that and May 22 through August 1 in the week(s) could be skipped to avoid Western Region, held for 5 days per This subarea would be allocated adverse tidal conditions. The potential week (Thursday through Monday). For 47,862 lb (22 mt) at an Area 2A TAC of open Fridays and Saturdays will be the 2004 fishing season, the fishery in 1,300,000 lb (590 mt) in accordance identified preseason. The fishery will this subarea would be set to meet the with the Plan. The fishery would open continue until there is insufficient quota structuring objectives described in the on May 1 and continue 5 days per week for an additional day of fishing or Plan. The final determination of the (Sunday through Thursday) until October 31, whichever occurs first. Any season dates would be based on the September 30, or until the quota is remaining quota will be transferred to allowable harvest level and projected achieved, whichever occurs first. the fishery inside the 40–fathom (73–m) 2004 catch rates after the 2004 TAC is According to the Plan, the structuring curve. set by the IPHC. Beginning in 2004, objective for this subarea is to maximize WDFW will no longer hold a public the season length, while maintaining a In section (f) of the Plan, Sport workshop after the IPHC determines the quality fishing experience. The fishery Fisheries, paragraph (1)(vi)is deleted 2004 TAC, but will continue to seek would be open Sunday through and paragraph (1)(vii) is redesignated as public comment through mail and email Thursday in all areas, except where paragraph (1)(vi) and the third sentence lists. The daily bag limit would be one prohibited, and the fishery will be open is revised to read as follows: halibut of any size per day, per person. 7 days per week in the area from the Queets River, WA south to 47°00’00’’ N (vi) South of Humbug Mountain Washington North Coast Subarea (North lat. and east of 124°40’00’’ W long. Subarea. of the Queets River, WA) Previously, if the fishery had closed The structuring objective for this This subarea would be allocated prior to September 30 and there was subarea is to provide anglers the 113,154 lb (51 mt) at an Area 2A TAC insufficient quota remaining for an opportunity to fish in a continuous, of 1,300,000 lb (590 mt) in accordance offshore fishery, the nearshore fishery, fixed season that is open from May 1 with the Plan. According to the Plan, the area from the Queets River, WA through October 31. the management objective for this south to 47°00’00’’ N lat. and east of In section (f) of the Plan, Sport subarea is to provide a quality 124°40’00’’ W long., would re-open 7 Fisheries, revise the first sentence of recreational fishing opportunity during days per week until either the remaining paragraph (5)(iii)(B) to read as follows: May and the latter part of June. subarea quota is estimated to have been B. Actual notice of inseason Previously, the fishery opened on May taken and the season is closed by the management actions will be provided by 1. Beginning in 2004, the fishery opens IPHC, or until September 30, whichever a telephone hotline administered by the on the first Tuesday between May 9 and occurs first. For 2004, this language is Northwest Region, NMFS, at 206–526– May 15 (May 11 in 2004), and continues removed and beginning July 1, the 6667 or 800–662–9825 (May through 5 days per week (Tuesday through halibut fishery opens 7 days per week Saturday) until 72 percent of the quota October) and by U.S. Coast Guard in the offshore and nearshore fisheries for the subarea has been taken, 81,471 broadcasts. until September 30, or until the quota is lb (37 mt). Previously, the fishery re- achieved, whichever occurs first. Also Proposed 2004 Sport Fishery opened on the third Wednesday in June. new for 2004, language will be added to Management Measures For 2004, the fishery will re-open the Plan to allow for any remaining during the third week in June and quota after the fishery is closed in this NMFS is proposing sport fishery continue until the remaining quota for subarea to be transferred inseason to management measures that are the subarea is taken, 31,683 lb (14 mt). another Washington coastal subarea via necessary to implement the Plan in Also new for 2004, language will be an update to the halibut hotline. This 2004. The 2004 TAC for Area 2A will added to the Plan to allow for any transfer in quota could only occur be determined by the IPHC at its annual remaining quota after the fishery is before September 30 and if there were meeting on January 20–23, 2004, in closed in this subarea to be transferred insufficient quota remaining to open the Juneau, Alaska. Because the 2004 TAC inseason to another Washington coastal Washington South Coast subarea for has not yet been determined, these subarea via an update to the halibut another fishing day. The daily bag limit proposed sport fishery management hotline. This transfer in quota could would be one halibut of any size per measures use the IPHC’s preliminary only occur before September 30 and if day, per person. 2004 Area 2A TAC recommendation of there were insufficient quota remaining 1,300,000 lb (590 mt), which is slightly to open the Washington North Coast Columbia River Subarea lower than the 2003 TAC of 1,310,000 subarea for another fishing day. The This subarea would be allocated lb (594 mt). The proposed 2004 sport daily bag limit would be one halibut of 11,787 lb (5 mt) at an Area 2A TAC of fishery regulations based on the any size per day per person. A portion 1,300,000 lb (590 mt) in accordance preliminary 2004 Area 2A TAC of of this subarea would be closed to sport with the Plan. The fishery would open 1,300,000 lb (590 mt) are as follows: fishing for halibut as a yelloweye on May 1 and continue 7 days per week

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until the quota is reached or September (8)45°17.50’N. lat., 124°04.91’N. lat.; fishery in recent years, an estimated 30, whichever occurs first. New for (9)45°11.29’N. lat., 124°05.19’N. lat.; 11,000 - 32,000 lb (5 - 15 mt) would be 2004, language will be added to the Plan (10)45°05.79’N. lat., 124°05.40’N. lat.; caught per day in 2004, resulting in a 5– to allow for any remaining quota after (11)45°05.07’N. lat., 124°05.93’N. lat.; to 15–day fixed season. In accordance the fishery is closed in this subarea to (12)45°01.70’N. lat., 124°06.53’N. lat.; with the Plan, the season would open be transferred inseason to another (13)44°58.75’N. lat., 124°07.14’N. lat.; on Thursday, May 13 and continue on subarea. Another Washington subarea (14)44°51.28’N. lat., 124°10.21’N. lat.; Thursdays through Saturdays through would get that proportion of the (15)44°49.49’N. lat., 124°10.89’N. lat.; the fixed dates. The fixed dates will be remaining Columbia River quota based (16)44°44.96’N. lat., 124°14.39’N. lat.; set in March 2004 after ODFW holds on the proportions set preseason for (17)44°43.44’N. lat., 124°14.78’N. lat.; public meetings. After the fixed date Washington and another Oregon subarea (18)44°42.27’N. lat., 124°13.81’N. lat.; season, potential additional fishing days would get that proportion of the (19)44°41.68’N. lat., 124°15.38’N. lat.; for remaining quota in 2004 are ° ° remaining Columbia River quota based (20)44 34.87’N. lat., 124 15.80’N. lat.; structured differently than in previous ° ° on the proportions set preseason for (21)44 33.74’N. lat., 124 14.43’N. lat.; years. For 2004, if additional quota ° ° Oregon. This transfer of subarea quota (22)44 27.66’N. lat., 124 16.99’N. lat.; remains after the fixed season, a second ° ° would occur via an update to the (23)44 19.13’N. lat., 124 19.22’N. lat.; opening would be held for the spring (24)44°15.35’N. lat., 124°17.37’N. lat.; fishery. The second opening would be halibut hotline and could only occur ° ° before September 30 and if there were (25)44 14.38’N. lat., 124 17.78’N. lat.; on every other week on Friday and (26)44°12.80’N. lat., 124°17.18’N. lat.; Saturday except that week(s) could be insufficient quota remaining to open the ° ° Columbia River subarea for another (27)44 09.23’N. lat., 124 15.96’N. lat.; skipped to avoid adverse tidal (28)44°08.38’N. lat., 124°16.80’N. lat.; conditions. For 2004, the weeks to be fishing day. The daily bag limit would ° ° be the first halibut taken, per person, of (29)44 01.18’N. lat., 124 15.42’N. lat.; skipped due to adverse tidal conditions (30)43°51.60’N. lat., 124°14.68’N. lat.; include June 4 - 5 and July 2 - 3. If a 32 inches (81.3 cm) or greater in length. ° ° (31)43 42.66’N. lat., 124 15.46’N. lat.; decision is made inseason by NMFS to ° ° Oregon Central Coast Subarea (32)43 40.49’N. lat., 124 15.74’N. lat.; allow fishing in the potential spring ° ° (33)43 38.77’N. lat., 124 15.64’N. lat.; season, notice of an opening will be The Oregon North Central and South ° ° (34)43 34.52’N. lat., 124 16.73’N. lat.; announced on the NMFS hotline, Central Coast subareas are combined in ° ° (35)43 28.82’N. lat., 124 19.52’N. lat.; (206)526–6667 or (800)662–9825. No 2004 into the Oregon Central Coast ° ° (36)43 23.91’N. lat., 124 24.28’N. lat.; halibut fishing will be allowed on the subarea. The Oregon Central Coast ° ° (37)43 17.96’N. lat., 124 28.81’N. lat.; reopening dates unless the date is subarea would extend from Cape ° ° (38)43 16.75’N. lat., 124 28.42’N. lat.; announced on the NMFS hotline. The Falcon, OR south to Humbug Mountain, ° ° OR. This subarea would be allocated (39)43 13.98’N. lat., 124 31.99’N. lat.; second spring season would continue (40)43°13.71’N. lat., 124°33.25’N. lat.; 246,943 lb (112 mt) at an Area 2A TAC until there is insufficient quota for an (41)43°12.26’N. lat., 124°34.16’N. lat.; of 1,300,000 lb (590 mt) in accordance additional fishing day or until July 31, (42)43°10.96’N. lat., 124°32.34’N. lat.; with the Plan. The structuring objectives ° ° whichever occurs first. (43)43 05.65’N. lat., 124 31.52’N. lat.; The summer all-depth fishery would for this subarea are to provide two ° ° (44)42 59.66’N. lat., 124 32.58’N. lat.; be allocated 56,797 lb (26 mt), and periods of fishing opportunity in spring ° ° (45)42 54.97’N. lat., 124 36.99’N. lat.; would open on Friday, August 6. For (May-June) and in summer (August- ° ° (46)42 53.81’N. lat., 124 38.58’N. lat.; 2004, this fishery’s season will be October) in productive deeper water ° ° (47)42 49.14’N. lat., 124 39.92’N. lat.; restructured from fixed season dates to areas along the coast, principally for ° ° (48)42 46.47’N. lat., 124 38.65’N. lat.; being open every other week on Friday charterboat and larger private boat ° ° (49)42 45.60’N. lat., 124 39.04’N. lat.; and Saturday, except that week(s) may anglers, and to provide a period of ° ° (50)42 44.79’N. lat., 124 37.96’N. lat.; be skipped for adverse tidal conditions. fishing opportunity during the summer ° ° (51)42 45.00’N. lat., 124 36.39’N. lat.; For 2004, no adverse tidal conditions in nearshore waters for small boat ° ° (52)42 44.14’N. lat., 124 35.16’N. lat.; occur during the August through anglers. (53)42°42.15’N. lat., 124°32.82’N. lat.; The central coast restricted depth October period. The summer all-depth and fishery, which is moving from inside 30 fishery would continue until there is (54)42°38.82’N. lat., 124°31.09’N. lat.; fathoms to inside 40 fathoms for 2004, insufficient quota for an additional If NMFS changes this boundary for would be allocated 19,755 lb (9 mt), fishing day and the fishery is closed by recreational groundfish fishing by an starting May 1 through October 31 or the IPHC or until October 30, whichever inseason action to the Pacific Coast until the allocated subquota is attained, occurs first. Any remaining quota would groundfish regulations during the year whichever occurs first. New for 2004, be added to the quota for the fishery to protect overfished groundfish species, the ‘‘inside 40 fathoms’’ boundary will inside 40 fathoms. NMFS will also take a separate inseason not follow the depth contour but will be The final determination of the season action published in the Federal Register straight lines between a series of dates will be based on the allowable to change nearshore recreational halibut latitude and longitude coordinates harvest level, projected catch rates, and regulations for this subarea to mirror the which approximate the depth contour. recommendations developed in a public groundfish closure. Language will also Proposed coordinates for the 40–fm (73– workshop sponsored by ODFW after the be added to the sport management m) depth contour between 45°46’00’’ N. 2004 TAC has been set by the IPHC. The measures for 2004 such that, in times lat. and 42°40’30’’ N. lat. is defined by daily bag limit would be the first halibut when the all-depth halibut fishery is straight lines connecting all of the taken, per person, of 32 inches (81.3 cm) closed and halibut fishing is permitted following points in the order stated: or greater in length. only inshore of the 40–fm (73–m) depth (1)45°47.07’N. lat., 124°04.21’N. lat.; Humbug Mountain, OR through ° ° contour, halibut possession and (2)45 44.34’N. lat., 124 05.09’N. lat.; California Subarea (3)45°40.64’N. lat., 124°04.90’N. lat.; retention by vessels operating offshore (4)45°33.00’N. lat., 124°04.46’N. lat.; of 40 fm would be prohibited. This subarea would be allocated 7,798 (5)45°32.27’N. lat., 124°04.74’N. lat.; The spring all-depth season would be lb (3.5 mt) at an Area 2A TAC of (6)45°29.26’N. lat., 124°04.22’N. lat.; allocated 170,391 lb (77 mt). Based on 1,300,000 lb (590 mt) in accordance (7)45°19.99’N. lat., 124°04.62’N. lat.; an observed catch per day trend in this with the Plan. The proposed 2004 sport

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season for this subarea would be the a telephone hotline administered by the (c) The incidental catch fishery during same as last year, with a May 1 opening Northwest Region, NMFS, at 206–526– the salmon troll fishery as authorized in and continuing 7 days per week, except 6667 or 800–662–9825 (May through Section 8. that the season end date is extended October) and by U.S. Coast Guard (2) No person shall fish for halibut in until October 31. The daily bag limit broadcasts. These broadcasts are the sport fishery in Area 2A under would be the first halibut taken, per announced on Channel 16 VHF-FM and Section 24 from a vessel that has been person, of 32 inches (81.3 cm) or greater 2182 kHz at frequent intervals. The used during the same calendar year for in length. announcements designate the channel commercial halibut fishing in Area 2A or frequency over which the notice to or that has been issued a permit for the Flexible Inseason Management mariners will be immediately broadcast. same calendar year for the commercial Provisions in Area 2A Since provisions of these regulations halibut fishery in Area 2A. The flexible inseason management may be altered by inseason actions, (3) No person shall fish for halibut in provisions in Area 2A have not changed sport fishers should monitor either the the directed halibut fishery during the since 2003, except that the NMFS telephone hotline or U.S. Coast Guard fishing periods established in Section 8 telephone hotline will be maintained broadcasts for current information for and/or retain halibut incidentally taken from May through October rather than the area in which they are fishing. in the primary sablefish fishery in Area May through September as mentioned (4) Effective dates. 2A from a vessel that has been used in paragraph (3)(b) below. Section 25 of (a) Any action issued under this during the same calendar year for the the annual halibut management section is effective on the date specified incidental catch fishery during the measures published in the Federal in the publication or at the time that the salmon troll fishery as authorized in Register and section (f)(5) of the Plan action is filed for public inspection with Section 8. will read as follows: the Office of the Federal Register, (4) No person shall fish for halibut in (1) The Regional Administrator, whichever is later. the directed commercial halibut fishery NMFS Northwest Region, after (b) If time allows, NMFS will invite and/or retain halibut incidentally taken consultation with the Chairman of the public comment prior to the effective in the primary sablefish fishery in Area Pacific Fishery Management Council, date of any inseason action filed with 2A from a vessel that, during the same the Commission Executive Director, and the Federal Register. If the Regional calendar year, has been used in the the Fisheries Director(s) of the affected Administrator determines, for good sport halibut fishery in Area 2A or that state(s), or their designees, is authorized cause, that an inseason action must be is licensed for the sport charter halibut to modify regulations during the season filed without affording a prior fishery in Area 2A. after making the following opportunity for public comment, public (5) No person shall retain halibut in determinations. comments will be received for a period the salmon troll fishery in Area 2A as (a) The action is necessary to allow of 15 days after publication of the action authorized under Section 8 taken on a allocation objectives to be met. in the Federal Register. vessel that, during the same calendar (b) The action will not result in (c) Any inseason action issued under year, has been used in the sport halibut exceeding the catch limit for the area. this section will remain in effect until fishery in Area 2A, or that is licensed (c) If any of the sport fishery subareas the stated expiration date or until for the sport charter halibut fishery in north of Cape Falcon, OR are not rescinded, modified, or superseded. Area 2A. projected to utilize their respective However, no inseason action has any (6) No person shall retain halibut in quotas by September 30, NMFS may effect beyond the end of the calendar the salmon troll fishery in Area 2A as take inseason action to transfer any year in which it is issued. authorized under Section 8 taken on a projected unused quota to another (5) Availability of data. The Regional vessel that, during the same calendar Washington sport subarea. Administrator will compile, in aggregate year, has been used in the directed (d) If any of the sport fishery subareas form, all data and other information commercial fishery during the fishing south of Leadbetter Point, WA are not relevant to the action being taken and periods established in Section 8 and/or projected to utilize their respective will make them available for public retain halibut incidentally taken in the quotas by their season ending dates, review during normal office hours at the primary sablefish fishery for Area 2A or NMFS may take inseason action to Northwest Regional Office, NMFS, that is licensed to participate in these transfer any projected unused quota to Sustainable Fisheries Division, 7600 commercial fisheries during the fishing another Oregon sport subarea. Sand Point Way NE, Seattle, WA. periods established in Section 8 in Area (2) Flexible inseason management 2A. Fishery Election in Area 2A provisions include, but are not limited Area 2A Non-Treaty Commercial to, the following: The fishery election process in Area Fishery Closed Area (a) Modification of sport fishing 2A has not changed since 2003, but is Similar to 2003, large closed areas periods; republished here to provide opportunity will apply to commercial vessels (b) Modification of sport fishing bag for public comment. Section 26 of the operating in the directed non-treaty limits; annual halibut management measures commercial fishery for halibut in Area (c) Modification of sport fishing size published in the Federal Register will 2A. For 2004, the eastern, inshore limits; continue to read as follows: boundary of the closed area (d) Modification of sport fishing days (1) A vessel that fishes in Area 2A approximating the 27–fm (49–m) depth per calendar week; and may participate in only one of the contour between 46°16’ N. lat. and (e) Modification of subarea quotas following three fisheries in Area 2A: 40°10’ N. lat. has been shifted slightly north of Cape Falcon, OR. (a) The sport fishery under Section 24; to a boundary line approximating the (3) Notice procedures. (b) The commercial directed fishery 30–fm (55–m)depth contour. For 2004, (a) Actions taken under this section for halibut during the fishing period(s) section 27 of the annual halibut will be published in the Federal established in Section 8 and/or the management measures will read as Register. incidental retention of halibut during follows: (b) Actual notice of inseason the primary sablefish fishery described Non-treaty commercial vessels management actions will be provided by at 50 CFR 660.323(a)(2); or operating in the directed commercial

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fishery for halibut in Area 2A are (25)44°46.94’ N. lat., 124°08.25’ W. (60)42°40.04’ N. lat., 124°29.19’ W. required to fish outside of a closed area, long.; long.; known as the Rockfish Conservation (26)44°42.72’ N. lat., 124°08.98’ W. (61)42°38.09’ N. lat., 124°28.39’ W. Area (RCA), that extends along the coast long.; long.; from the U.S./Canada border south to (27)44°38.16’ N. lat., 124°11.48’ W. (62)42°36.72’ N. lat., 124°27.54’ W. 40°10’ N. lat. The closed area follows long.; long.; approximate depth contours. (28)44°33.38’ N. lat., 124°11.54’ W. (63)42°36.56’ N. lat., 124°28.40’ W. Coordinates for the specific boundaries long.; long.; ° ° ° ° that approximate the depth contours are (29)44 28.51’ N. lat., 124 12.03’ W. (64)42 35.76’ N. lat., 124 28.79’ W. as follows: long.; long.; ° ° ° ° (1) Between the U.S./Canada border (30)44 27.65’ N. lat., 124 12.56’ W. (65)42 34.03’ N. lat., 124 29.98’ W. and 46°16’ N. lat., the eastern boundary long.; long.; ° ° ° ° of the RCA extends to the shoreline. (31)44 19.67’ N. lat., 124 12.37’ W. (66)42 34.19’ N. lat., 124 30.58’ W. (2) Between 46°16’ N. lat. and 40°10’ long.; long.; ° ° ° ° N. lat., the RCA is defined along an (32)44 10.79’ N. lat., 124 12.22’ W. (67)42 31.27’ N. lat., 124 32.24’ W. long.; long.; eastern, inshore boundary ° ° ° ° approximating 30 fm (55 m). The 30 fm (33)44 09.22’ N. lat., 124 12.28’ W. (68)42 27.07’ N. lat., 124 32.53’ W. ° long.; long.; depth contour used between 46 16’ N. ° ° ° ° lat. and 40°10’ N. lat. as an eastern (34)44 00.22’ N. lat., 124 12.80’ W. (69)42 24.21’ N. lat., 124 31.23’ W. boundary for the RCA is defined by long.; long.; (35)43°51.56’ N. lat., 124°13.17’ W. (70)42°20.47’ N. lat., 124°28.87’ W. straight lines connecting all of the long.; long.; following points in the order stated: ° ° ° ° (1) 46°16.00’ N. lat., 124°13.13’ W. (36)43 44.26’ N. lat., 124 14.50’ W. (71)42 14.60’ N. lat., 124 26.80’ W. long.; long.; long.; ° ° ° ° (2) 46°16.00’ N. lat., 124°13.05’ W. (37)43 33.82’ N. lat., 124 16.28’ W. (72)42 10.90’ N. lat., 124 24.57’ W. long.; long.; long.; ° ° ° ° (3) 46°07.00’ N. lat., 124°07.01’ W. (38)43 28.66’ N. lat., 124 18.72’ W. (73)42 07.04’ N. lat., 124 23.35’ W. long.; long.; long.; ° ° ° ° (4) 45°55.95’ N. lat., 124°02.23’ W. (39)43 23.12’ N. lat., 124 24.04’ W. (74)42 02.16’ N. lat., 124 22.59’ W. long.; long.; long.; ° ° ° ° (5) 45°54.53’ N. lat., 124°02.57’ W. (40)43 20.49’ N. lat., 124 25.90’ W. (75)42 00.00’ N. lat., 124 21.81’ W. long.; long.; long.; ° ° ° ° (6) 45°50.65’ N. lat., 124°01.62’ W. (41)43 16.41’ N. lat., 124 27.52’ W. (76)41 59.95’ N. lat., 124 21.56’ W. long.; long.; long.; ° ° ° ° (7) 45°48.20’ N. lat., 124°02.16’ W. (42)43 14.23’ N. lat., 124 29.28’ W. (77)41 55.75’ N. lat., 124 20.72’ W. long.; long.; long.; ° ° ° ° (8) 45°43.47’ N. lat., 124°01.28’ W. (43)43 14.03’ N. lat., 124 28.31’ W. (78)41 50.93’ N. lat., 124 23.76’ W. long.; long.; long.; ° ° ° ° (9) 45°40.48’ N. lat., 124°01.03’ W. (44)43 11.92’ N. lat., 124 28.26’ W. (79)41 42.53’ N. lat., 124 16.47’ W. long.; long.; long.; ° ° ° ° (10) 45°39.04’ N. lat., 124°01.68’ W. (45)43 11.02’ N. lat., 124 29.11’ W. (80) 41 37.20’ N. lat., 124 17.05’ W. long.; long.; long.; ° ° ° ° (11) 45°35.48’ N. lat., 124°01.89’ W. (46)43 10.13’ N. lat., 124 29.15’ W. (81) 41 24.58’ N. lat., 124 10.51’ W. long.; long.; long.; (12)45°29.81’ N. lat., 124°02.45’ W. (47)43°09.27’ N. lat., 124°31.03’ W. (82) 41°20.73’ N. lat., 124°11.73’ W. long.; long.; long.; (13)45°27.96’ N. lat., 124°01.89’ W. (48)43°07.73’ N. lat., 124°30.92’ W. (83) 41°17.59’ N. lat., 124°10.66’ W. long.; long.; long.; (14)45°27.22’ N. lat., 124°02.67’ W. (49)43°05.93’ N. lat., 124°29.64’ W. (84) 41°04.54’ N. lat., 124°14.47’ W. long.; long.; long.; (15)45°24.20’ N. lat., 124°02.94’ W. (50)43°01.59’ N. lat., 124°30.64’ W. (85) 40°54.26’ N. lat., 124°13.90’ W. long.; long.; long.; (16)45°20.60’ N. lat., 124°01.74’ W. (51)42°59.73’ N. lat., 124°31.16’ W. (86) 40°40.31’ N. lat., 124°26.24’ W. long.; long.; long.; (17)45°16.44’ N. lat., 124°03.22’ W. (52)42°53.75’ N. lat., 124°36.09’ W. (87) 40°34.00’ N. lat., 124°27.39’ W. long.; long.; long.; (18)45°13.63’ N. lat., 124°02.70’ W. (53)42°49.37’ N. lat., 124°38.81’ W. (88) 40°28.89’ N. lat., 124°32.43’ W. long.; long.; long.; (19)45°11.04’ N. lat., 124°03.59’ W. (54)42°46.42’ N. lat., 124°37.69’ W. (89) 40°24.77’ N. lat., 124°29.51’ W. long.; long.; long.; (20)45°08.55’ N. lat., 124°03.47’ W. (55)42°46.07’ N. lat., 124°38.56’ W. (90) 40°22.47’ N. lat., 124°24.12’ W. long.; long.; long.; (21)45°02.82’ N. lat., 124°04.64’ W. (56)42°45.29’ N. lat., 124°37.95’ W. (91) 40°19.73’ N. lat., 124°23.59’ W. long.; long.; long.; (22)44°58.06’ N. lat., 124°05.03’ W. (57)42°45.61’ N. lat., 124°36.87’ W. (92) 40°18.64’ N. lat., 124°21.89’ W. long.; long.; long.; (23)44°53.97’ N. lat., 124°06.92’ W. (58)42°44.28’ N. lat., 124°33.64’ W. (93) 40°17.67’ N. lat., 124°23.07’ W. long.; long.; long.; (24)44°48.89’ N. lat., 124°07.04’ W. (59)42°42.75’ N. lat., 124°31.84’ W. (94) 40°15.58’ N. lat., 124°23.61’ W. long.; long.; long.;

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(95) 40°13.42’ N. lat., 124°22.94’ W. (29) 48°04.84’ N. lat., 125°04.03’ W. (64) 47°08.50’ N. lat., 124°57.74’ W. long.; and long.; long.; (96) 40°10.00’ N. lat., 124°16.65’ W. (30) 48°06.41’ N. lat., 125°06.51’ W. (65) 47°01.92’ N. lat., 124°54.95’ W. long.; long.; long.; (3) Between the U.S./Canada border (31) 48°06.00’ N. lat., 125°08.00’ W. (66) 47°01.14’ N. lat., 124°59.35’ W. and 40°10’ N. lat., the RCA is defined long.; long.; along a western, offshore boundary (32) 48°07.08’ N. lat., 125°09.34’ W. (67) 46°58.48’ N. lat., 124°57.81’ W. approximating 100 fm (183 m). The long.; long.; 100–fm (183–m) depth contour used (33) 48°07.28’ N. lat., 125°11.14’ W. (68) 46°56.79’ N. lat., 124°56.03’ W. north of 40°10’ N. lat. as a western long.; long.; ° ° ° ° boundary for the RCA is defined by (34) 48 03.45’ N. lat., 125 16.66’ W. (69) 46 58.01’ N. lat., 124 55.09’ W. straight lines connecting all of the long.; long.; ° ° ° ° following points in the order stated: (35) 47 59.50’ N. lat., 125 18.88’ W. (70) 46 55.07’ N. lat., 124 54.14’ W. ° ° long.; long.; (1) 48 15.00’ N. lat., 125 41.00’ W. ° ° ° ° long.; (36) 47 58.68’ N. lat., 125 16.19’ W. (71) 46 59.60’ N. lat., 124 49.79’ W. ° ° long.; long.; (2) 48 14.00’ N. lat., 125 36.00’ W. ° ° ° ° long.; (37) 47 56.62’ N. lat., 125 13.50’ W. (72) 46 58.72’ N. lat., 124 48.78’ W. ° ° long.; long.; (3) 48 09.50’ N. lat., 125 40.50’ W. ° ° ° ° long.; (38) 47 53.71’ N. lat., 125 11.96’ W. (73) 46 54.45’ N. lat., 124 48.36’ W. ° ° long.; long.; (4) 48 08.00’ N. lat., 125 38.00’ W. ° ° ° ° long.; (39) 47 51.70’ N. lat., 125 09.38’ W. (74) 46 53.99’ N. lat., 124 49.95’ W. ° ° long.; long.; (5) 48 05.00’ N. lat., 125 37.25’ W. ° ° ° ° long.; (40) 47 49.95’ N. lat., 125 06.07’ W. (75) 46 54.38’ N. lat., 124 52.73’ W. (6) 48°02.60’ N. lat., 125°34.70’ W. long.; long.; (41) 47°49.00’ N. lat., 125°03.00’ W. (76) 46°52.38’ N. lat., 124°52.02’ W. long.; (7) 47°59.00’ N. lat., 125°34.00’ W. long.; long.; (42) 47°46.95’ N. lat., 125°04.00’ W. (77) 46°48.93’ N. lat., 124°49.17’ W. long.; long.; long.; (8) 47°57.26’ N. lat., 125°29.82’ W. (43) 47°46.58’ N. lat., 125°03.15’ W. (78) 46°41.50’ N. lat., 124°43.00’ W. long.; long.; long.; (9) 47°59.87’ N. lat., 125°25.81’ W. (44) 47°44.07’ N. lat., 125°04.28’ W. (79) 46°34.50’ N. lat., 124°28.50’ W. long.; long.; long.; (10) 48°01.80’ N. lat., 125°24.53’ W. (45) 47°43.32’ N. lat., 125°04.41’ W. (80) 46°29.00’ N. lat., 124°30.00’ W. long.; ° ° long.; long.; (11) 48 02.08’ N. lat., 125 22.98’ W. (46) 47°40.95’ N. lat., 125°04.14’ W. (81) 46°20.00’ N. lat., 124°36.50’ W. long.; ° ° long.; long.; (12) 48 02.97’ N. lat., 125 22.89’ W. (47) 47°39.58’ N. lat., 125°04.97’ W. (82) 46°18.00’ N. lat., 124°38.00’ W. long.; ° ° long.; long.; (13) 48 04.47’ N. lat., 125 21.75’ W. (48) 47°36.23’ N. lat., 125°02.77’ W. (83) 46°17.52’ N. lat., 124°35.35’ W. long.; ° ° long.; long.; (14) 48 06.11’ N. lat., 125 19.33’ W. (49) 47°34.28’ N. lat., 124°58.66’ W. (84) 46°17.00’ N. lat., 124°22.50’ W. long.; ° ° long.; long.; (15) 48 07.95’ N. lat., 125 18.55’ W. (50) 47°32.17’ N. lat., 124°57.77’ W. (85)46°16.00’ N. lat., 124°20.62’ W. long.; ° ° long.; long.; (16) 48 09.00’ N. lat., 125 18.00’ W. (51) 47°30.27’ N. lat., 124°56.16’ W. (86) 46°13.52’ N. lat., 124°25.49’ W. long.; ° ° long.; long.; (17) 48 11.31’ N. lat., 125 17.55’ W. (52) 47°30.60’ N. lat., 124°54.80’ W. (87) 46°12.17’ N. lat., 124°30.75’ W. long.; ° ° long.; long.; (18) 48 14.60’ N. lat., 125 13.46’ W. (53) 47°29.26’ N. lat., 124°52.21’ W. (88)46°10.63’ N. lat., 124°37.95’ W. long.; long.; long.; ° ° (19) 48 16.67’ N. lat., 125 14.34’ W. (54) 47°28.21’ N. lat., 124°50.65’ W. (89)46°09.29’ N. lat., 124°39.01’ W. long.; long.; long.; ° ° (20) 48 18.73’ N. lat., 125 14.41’ W. (55) 47°27.38’ N. lat., 124°49.34’ W. (90)46°02.40’ N. lat., 124°40.37’ W. long.; long.; long.; (21) 48°19.67’ N. lat., 125°13.70’ W. (56) 47°25.61’ N. lat., 124°48.26’ W. (91)45°56.45’ N. lat., 124°38.00’ W. long.; long.; long.; (22) 48°19.70’ N. lat., 125°11.13’ W. (57) 47°23.54’ N. lat., 124°46.42’ W. (92)45°51.92’ N. lat., 124°38.49’ W. long.; long.; long.; (23) 48°22.95’ N. lat., 125°10.79’ W. (58) 47°20.64’ N. lat., 124°45.91’ W. (93)45°47.19’ N. lat., 124°35.58’ W. long.; long.; long.; (24) 48°21.61’ N. lat., 125°02.54’ W. (59) 47°17.99’ N. lat., 124°45.59’ W. (94)45°46.41’ N. lat., 124°32.36’ W. long.; long.; long.; (25) 48°23.00’ N. lat., 124°49.34’ W. (60) 47°18.20’ N. lat., 124°49.12’ W. (95)45°41.75’ N. lat., 124°28.12’ W. long.; long.; long.; (26) 48°17.00’ N. lat., 124°56.50’ W. (61) 47°15.01’ N. lat., 124°51.09’ W. (96)45°36.96’ N. lat., 124°24.48’ W. long.; long.; long.; (27) 48°06.00’ N. lat., 125°00.00’ W. (62) 47°12.61’ N. lat., 124°54.89’ W. (97)45°31.84’ N. lat., 124°22.04’ W. long.; long.; long.; (28) 48°04.62’ N. lat., 125°01.73’ W. (63) 47°08.22’ N. lat., 124°56.53’ W. (98)45°27.10’ N. lat., 124°21.74’ W. long.; long.; long.;

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(99)45°18.14’ N. lat., 124°17.59’ W. (134) 41°47.04’ N. lat., 124°27.64’ W. season dates. After the Area 2A TAC is long.; long.; known and after NMFS reviews public (100) 45°11.08’ N. lat., 124°16.97’ W. (135) 41°32.92’ N. lat., 124°28.79’ W. comments and comments from the long.; long.; states, NMFS will issue a final rule for (101) 45°04.38’ N. lat., 124°18.36’ W. (136) 41°24.17’ N. lat., 124°28.46’ W. the Area 2A Pacific halibut sport long.; long.; fisheries concurrent with the IPHC (102) 44°58.05’ N. lat., 124°21.58’ W. (137) 41°10.12’ N. lat., 124°20.50’ W. regulations for the 2004 Pacific halibut long.; long.; fisheries. (103) 44°47.67’ N. lat., 124°31.41’ W. (138) 40°51.41’ N. lat., 124°24.38’ W. long.; long.; Revision to Halibut Regulations ° ° (104) 44 44.55’ N. lat., 124 33.58’ W. (139) 40°43.71’ N. lat., 124°29.89’ W. As part of this proposed rule, NMFS long.; long.; ° ° is proposing a revision to the Federal (105) 44 39.88’ N. lat., 124 35.01’ W. (140) 40°40.14’ N. lat., 124°30.90’ W. halibut regulations at 50 CFR 300.63, long.; long.; which authorizes vessels with IPHC ° ° ° ° (106) 44 32.90’ N. lat., 124 36.81’ W. (141) 40 37.35’ N. lat., 124 29.05’ W. licenses that are operating in the long.; long.; primary sablefish longline fishery north (107) 44°30.33’ N. lat., 124°38.56’ W. ° ° (142) 40 34.76’ N. lat., 124 29.82’ W. of Pt. Chehalis, WA to land halibut long.; long.; taken incidentally in that fishery. The (108) 44°30.04’ N. lat., 124°42.31’ W. ° ° (143) 40 36.78’ N. lat., 124 37.06’ W. revision would alter the regulations to long.; long.; ° ° state that, in addition to the prohibition (109) 44 26.84’ N. lat., 124 44.91’ W. (144) 40°32.44’ N. lat., 124°39.58’ W. long.; on possessing and landing halibut south ° ° long.; of Pt. Chehalis, WA, no halibut taken in (110) 44 17.99’ N. lat., 124 51.03’ W. (145) 40°24.82’ N. lat., 124°35.12’ W. long.; this fishery may be purchased south of ° ° long.; Pt. Chehalis, WA. This is a minor (111) 44 13.68’ N. lat., 124 56.38’ W. (146) 40°23.30’ N. lat., 124°31.60’ W. long.; clarification and has no effect on the ° ° long.; environment because it does not change (112) 43 56.67’ N. lat., 124 55.45’ W. (147) 40°23.52’ N. lat., 124°28.78’ W. long.; the harvest opportunities for Pacific ° ° long.; halibut, but simply clarifies for (113) 43 56.47’ N. lat., 124 34.61’ W. (148) 40°22.43’ N. lat., 124°25.00’ W. long.; enforcement purposes that halibut ° ° long.; cannot be purchased south of Pt. (114) 43 42.73’ N. lat., 124 32.41’ W. (149) 40°21.72’ N. lat., 124°24.94’ W. long.; Chehalis. ° ° long.; (115) 43 30.93’ N. lat., 124 34.43’ W. (150) 40°21.87’ N. lat., 124°27.96’ W. This clarification also has no effect on long.; the economy because the prohibition ° ° long.; (116) 43 17.45’ N. lat., 124 41.16’ W. (151) 40°21.40’ N. lat., 124°28.74’ W. currently does not allow halibut from long.; outside this area to be possessed or ° ° long.; (117) 43 07.04’ N. lat., 124 41.25’ W. (152) 40°19.68’ N. lat., 124°28.49’ W. landed within this area. Therefore, the long.; long.; prohibition also intended to prohibit (118) 43°03.45’ N. lat., 124°44.36’ W. (153) 40°17.73’ N. lat., 124°25.43’ W. purchasing within this area of halibut long.; long.; caught outside the area (i.e., purchasing (119) 43°03.90’ N. lat., 124°50.81’ W. (154) 40°18.37’ N. lat., 124°23.35’ W. is not legal if it is illegal for an long.; long.; individual to land the fish in this area). (120) 42°55.70’ N. lat., 124°52.79’ W. (155) 40°15.75’ N. lat., 124°26.05’ W. However, the regulation did not long.; explicitly prohibit purchasing, and is (121) 42°54.12’ N. lat., 124°47.36’ W. long.; (156) 40°16.75’ N. lat., 124°33.71’ W. now revised to do so. There should be long.; no net change in the selling and (122) 42°44.00’ N. lat., 124°42.38’ W. long.; (157) 40°16.29’ N. lat., 124°34.36’ W. purchasing of halibut in the area. This long.; is not a change from what was originally (123) 42°38.23’ N. lat., 124°41.25’ W. long.; (158) 40°10.00’ N. lat., 124°21.12’ W. intended with this prohibition and long.; simply clarifies regulatory language for (124) 42°33.03’ N. lat., 124°42.38’ W. long.; and ° ° enforcement purposes. long.; (159) 40 10.00’ N. lat., 124 21.50’ W. (125) 42°31.89’ N. lat., 124°42.04’ W. long. Classification long.; NMFS requests public comments on (126) 42°30.09’ N. lat., 124°42.67’ W. the Pacific Council’s recommended NMFS has prepared an RIR/IRFA on long.; modifications to the Plan and the the proposed changes to the Plan and (127) 42°28.28’ N. lat., 124°47.08’ W. proposed domestic fishing regulations. annual domestic Area 2A halibut long.; The Area 2A TAC will be set by the management measures. Copies of this (128) 42°25.22’ N. lat., 124°43.51’ W. IPHC at its annual meeting on January document are available from NMFS (see long.; 20–23, 2004, in Juneau, Alaska. NMFS ADDRESSES). (129) 42°19.23’ N. lat., 124°37.92’ W. requests comments on the proposed NMFS prepared an IRFA that long.; changes to the Plan and domestic describes the economic impact this (130) 42°16.29’ N. lat., 124°36.11’ W. fishing regulations after the annual proposed rule, if adopted, would have long.; meeting, so that the public will have the on small entities. A description of the (131) 42°05.66’ N. lat., 124°34.92’ W. opportunity to consider the final Area action, why it is being considered, and long.; 2A TAC before submitting comments on the legal basis for this action are (132) 42°00.00’ N. lat., 124°35.27’ W. the proposed changes. The States of contained at the beginning of this long.; Washington and Oregon will conduct section in the preamble and in the (133) 42°00.00’ N. lat., 124°35.26’ W. public workshops shortly after the IPHC SUMMARY section of the preamble. long.; meeting to obtain input on the sport The IRFA is available from NMFS (see

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ADDRESSES). A summary of the IRFA Washington’s North Coast subarea are the Plan’s management objective of follows: intended to move the fishery later in allocating the TAC in Area 2A, while A fish-harvesting business is May when the weather tends to be more also allowing commercial, recreational, considered a ‘‘small’’ business by the favorable, to increase the likelihood of and tribal fisheries to target halibut in Small Business Administration if it has the fishery being open on Memorial Day the manner most appropriate for the annual receipts not in excess of $3.5 weekend, and to allow for flexibility in user’s needs within that fishery. million. For related fish-processing picking June openings for days when These changes to the Plan and annual businesses, a small business is one that tidal conditions are more favorable. domestic Area 2A halibut management employs 500 or fewer persons. For Revising the season dates in measures are authorized under the marinas and charter/party boats, a small Washington’s South Coast subarea are Pacific Halibut Act and implementing business is one with annual receipts not intended to add more fishing regulations at 50 CFR 300.60–65. in excess of $6.0 million. All of the opportunity for halibut when the The proposed changes to the Plan and businesses that would be affected by salmon season is open. Combining the annual domestic Area 2A halibut this action are considered small Oregon Central Coast subareas is management measures are expected to businesses under SBA guidance. intended to match how the fishery is result in either no impact at all, or a The proposed changes to the Area 2A currently managed, for all practical modest increase in fishing opportunity Plan, which allocates the catch of purposes. Revising the ‘‘additional for commercial and sport halibut Pacific halibut among users in fishing days’’ season structure in the fishermen and operators. The proposed Washington, Oregon and California, Oregon’s Central Coast fisheries is sport management measures for 2004 would: (1) provide more flexibility for intended to allow fishery participants to implement the Plan by managing the Washington inseason sport fishery harvest the available quota in this area. recreational fishery to meet the differing management; (2) revise the public Extending the season end date for the fishery needs of the various areas along announcement process for the Puget South of Humbug Mountain, OR subarea the coast according to the Plan’s Sound sport fishery (Washington’s is intended to match the season end objectives. The proposed non-treaty inside waters subarea); (3) revise season date for this subarea with the season commercial management measures for dates for the Washington North Coast end dates for the other Oregon subareas. 2004 will allow the fishery access to the and South Coast sport fisheries; (4) Changing the depth restrictions for commercial portion of the Area 2A TAC combine the Oregon North Central and Oregon’s Central Coast nearshore fishery while protecting overfished rockfish South Central subareas; (5) revise the is intended to better mesh halibut species that co-occur with halibut. The ‘‘additional fishing days’’ season regulations with groundfish regulations measures for 2004 will be very similar structure for Oregon’s spring and to reduce angler confusion and ease to last year’s management measures. No additional alternatives from status quo summer sport fisheries; (6) extend the enforcement. Other proposed changes to season closing date for Oregon/ were analyzed. There were no the Plan are intended to provide California sport fisheries South of significant alternatives that could have managers with more flexibility for Humbug Mountain subarea; and (7) similarly improved angler enjoyment of adjusting fisheries inseason in order to change the depth restriction for and participation in the fisheries while ensure the available quota is taken. The Oregon’s nearshore sport fishery. The simultaneously protecting halibut and purpose of revising the eastern, inshore proposed changes to annual domestic co-occurring groundfish species from boundary of an area closed to non-treaty Area 2A halibut management measures overharvest. These changes do not commercial halibut fishing in the would revise the eastern, inshore include any reporting or recordkeeping annual domestic Area 2A halibut boundary of an area closed to non-treaty requirements. These changes will also management measures is to align with commercial halibut fishing. The flexible not duplicate, overlap or conflict with inseason management provisions and the revised boundary for the groundfish other laws or regulations. the fishery election process in Area 2A fishery in this area. This revised This action has been determined to be have essentially not changed since 2003, boundary, which only moved 3 fm, is not significant for purposes of Executive but are included in the proposed rule to designed to better align with the Order 12866. provide opportunity for public notice occurrence of overfished rockfish Pursuant to Executive Order 13175, and comment. One minor change in the species, such as yelloweye and canary the Secretary of Commerce recognizes flexible inseason management rockfish, that may be caught with the sovereign status and co-manager role provisions for Area 2A is that the NMFS longline gear used in the commercial of Indian tribes over shared Federal and telephone hotline will be maintained halibut fishery. tribal fishery resources. At section from May through October rather than The proposed changes to the Plan and 302(b)(5), the Magnuson-Stevens May through September to cover the annual domestic Area 2A halibut Fishery Conservation and Management duration of the commercial and sport management measures will affect Act reserves a seat on the Pacific halibut seasons in Area 2A. charter fishing operations, anglers and Council for a representative of an Indian The purpose of revising the public commercial halibut fishermen who tribe with federally recognized fishing announcement process for the Puget operate off Washington and Oregon. In rights from California, Oregon, Sound fishery is to streamline the 2003, IPHC issued 127 licenses to the Washington, or Idaho. management process. The Puget Sound charterboat fleet, 260 licenses to the The U.S. government formally fishery (season structure, opening dates, commercial directed fishery which recognizes that the 13 Washington etc) is to remain in place for a few years includes licenses for vessels retaining Tribes have treaty rights to fish for to evaluate their effectiveness. The halibut caught incidentally to the Pacific halibut. In general terms, the public will continue to have an primary sablefish fishery, and 323 quantification of those rights is 50 opportunity to comment on the halibut licenses to salmon troll vessels to retain percent of the harvestable surplus of fisheries in the state-run public incidentally caught halibut. For 2004, Pacific halibut available in the tribes’ comment process (email and mail the proposed changes to the Plan and usual and accustomed (U and A) fishing forums and public meetings, as needed) annual domestic Area 2A halibut areas (described at 50 CFR 660.324). and in the Federal notice-and-comment management measures are non- Each of the treaty tribes has the process. Revising the season dates in substantive. These changes are within discretion to administer their fisheries

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and to establish their own policies to PART 300—INTERNATIONAL (3) * * * achieve program objectives. FISHERIES REGULATIONS, (ii) It is unlawful for any person to Accordingly, tribal allocations and possess, land or purchase halibut south Subpart E—Pacific Halibut Fisheries regulations, including the proposed of 46°53’18’’ N. lat. that were taken and changes to the Plan, have been 1. The authority citation for 50 CFR retained as incidental catch authorized developed in consultation with the part 300, subpart E continues to read as by this section in the directed longline affected tribe(s) and, insofar as possible, follows: with tribal consensus. sablefish fishery. Authority: 16 U.S.C. 773–773k. Dated: February 17, 2004. * * * * * 2. In § 300.63, paragraph (b)(3)(ii) is [FR Doc. 04–3753 Filed 2–20–04; 8:45 am] Rebecca Lent, revised to read as follows: Deputy Assistant Administrator for BILLING CODE 3510–22–S Regulatory Programs, National Marine § 300.63 Catch sharing plans and Fisheries Service. domestic management measures in Area For the reasons set out in the 2A. preamble, 50 CFR part 300 is proposed * * * * * to be amended as follows: (b) * * *

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Notices Federal Register Vol. 69, No. 35

Monday, February 23, 2004

This section of the FEDERAL REGISTER The Administrator, Foreign payments based on their shrimp contains documents other than rules or Agricultural Service (FAS), today landings. proposed rules that are applicable to the accepted a petition filed by the National FOR FURTHER INFORMATION CONTACT: public. Notices of hearings and investigations, Alfalfa Alliance, Kennewick, Jean-Louis Pajot, Coordinator, Trade committee meetings, agency decisions and Washington. The alliance represents rulings, delegations of authority, filing of Adjustment Assistance for Farmers, non-certified (common) alfalfa seed petitions and applications and agency FAS, USDA, (202) 720–2916, e-mail: producers in the states of California, statements of organization and functions are [email protected]. examples of documents appearing in this Colorado, Idaho, Montana, Nevada, section. Oregon, Washington, and Wyoming. Dated: February 6, 2004. The Administrator will determine A. Ellen Terpstra, within 40 days whether or not imports Administrator, Foreign Agricultural Service. DEPARTMENT OF AGRICULTURE of non-certified (common) alfalfa seed [FR Doc. 04–3800 Filed 2–20–04; 8:45 am] contributed importantly to a decline in BILLING CODE 3410–10–P Foreign Agricultural Service domestic producer prices by more than 20 percent during calendar year 2002. If Trade Adjustment Assistance for the determination is positive, all alfalfa DEPARTMENT OF AGRICULTURE Farmers seed producers in the above listed Foreign Agricultural Service AGENCY: Foreign Agricultural Service, impacted States will be eligible to apply USDA. to the Farm Service Agency for technical assistance at no cost and Trade Adjustment Assistance for ACTION: Notice. adjustment assistance payments. Farmers The Administrator, Foreign FOR FURTHER INFORMATION CONTACT: AGENCY: Foreign Agricultural Service, Agricultural Service (FAS), today Jean-Louis Pajot, Coordinator, Trade USDA. Adjustment Assistance for Farmers, accepted a petition filed by a group of ACTION: Notice. freshwater prawn producers from FAS, USDA, (202) 720–2916, e-mail: Kentucky for trade adjustment [email protected]. The Administrator, Foreign assistance. The Administrator will Dated: February 6, 2004. Agricultural Service (FAS), today determine within 40 days whether or A. Ellen Terpstra, announced that a group of apple not imports of farmed shrimp Administrator, Foreign Agricultural Service. growers in Rappahannock County, contributed importantly to a decline in [FR Doc. 04–3802 Filed 2–20–04; 8:45 am] Virginia, has filed a petition for trade domestic producer prices by more than BILLING CODE 3410–10–P adjustment assistance. The growers 20 percent during the marketing period produce apples for processing and have beginning January 2002 and ending requested a public hearing to present December 2002. If the determination is DEPARTMENT OF AGRICULTURE evidence that concentrated apple juice positive, all Kentucky freshwater prawn is a like or directly competitive product. producers will be eligible to apply to the Foreign Agricultural Service A hearing will be held on March 2, Farm Service Agency for technical 2004, at 2 p.m. e.t. in Room 5066, South assistance at no cost and adjustment Trade Adjustment Assistance for Agricultural Building, 1400 assistance. Farmers Independence Ave, SW., Washington, FOR FURTHER INFORMATION CONTACT: AGENCY: Foreign Agricultural Service, DC. Jean-Louis Pajot, Coordinator, Trade USDA. SUPPLEMENTARY INFORMATION: The Adjustment Assistance for Farmers, ACTION: Notice. petition maintains that during July 1, FAS, USDA, (202) 720–2916, email: 2002, through June 30, 2003, increasing The Administrator, Foreign [email protected]. imports of apple juice concentrate Agricultural Service (FAS), today contributed importantly to a decline in Dated: February 6, 2004. accepted a petition filed by the North domestic producer prices by more than A. Ellen Terpstra, Carolina Fisheries Association, New 20 percent. To support their contention, Administrator, Foreign Agricultural Service. Bern, North Carolina, for trade the growers submitted published price adjustment assistance. The association [FR Doc. 04–3804 Filed 2–20–04; 8:45 am] lists of local processors. Having filed represents North Carolina shrimpers. BILLING CODE 3410–10–P this petition, the Administrator has 40 The Administrator will determine days to determine whether or not the within 40 days whether or not imports apple producers are eligible for trade DEPARTMENT OF AGRICULTURE of farmed shrimp contributed importantly to a decline in domestic adjustment assistance. If the Foreign Agricultural Service producer prices by more than 20 percent determination is positive, they will be during the marketing period beginning eligible to apply to the Farm Service Trade Adjustment Assistance for January 2002 and ending December Agency for technical assistance at no Farmers 2002. If the determination is positive, all cost and adjustment assistance payments. AGENCY: Foreign Agricultural Service, North Carolina shrimpers will be USDA. eligible to apply to the Farm Service FOR FURTHER INFORMATION CONTACT: Agency for technical assistance at no Jean-Louis Pajot, Coordinator, Trade ACTION: Notice. cost and adjustment assistance Adjustment Assistance for Farmers,

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FAS, USDA, (202) 720–2916, e-mail: producers from Florida for trade DEPARTMENT OF AGRICULTURE [email protected]. adjustment assistance. The Forest Service Dated: February 11, 2004. Administrator will determine within 40 days whether or not imports of lychees A. Ellen Terpstra, Invasive Plant Treatment Project— contributed importantly to a decline in Administrator, Foreign Agricultural Service. Ochoco and Deschutes National domestic producer prices by more than [FR Doc. 04–3801 Filed 2–20–04; 8:45 am] Forests; Oregon 20 percent during the marketing period BILLING CODE 3410–10–P beginning May 2003 and ending July AGENCY: Forest Service, USDA. 2003. If the determination is positive, all ACTION: Notice of intent to prepare an DEPARTMENT OF AGRICULTURE lychee producers will be eligible to environmental impact statement. apply to the Farm Service Agency for Foreign Agricultural Service technical assistance at no cost and SUMMARY: The USDA Forest Service will adjustment assistance. prepare an environmental impact Trade Adjustment Assistance for statement (EIS) to document and FOR FURTHER INFORMATION CONTACT: Farmers disclose the potential environmental Jean-Louis Pajot, Coordinator, Trade effects of proposed invasive plant AGENCY: Foreign Agricultural Service, Adjustment Assistance for Farmers, USDA. treatment activities on the Ochoco and FAS, USDA, (202) 720–2916, e-mail: Deschutes National Forest. This project ACTION: Notice. [email protected]. evaluates site specific treatments of The Administrator, Foreign Dated: February 10, 2004. invasive plants, including manual, Agricultural Service (FAS), today A. Ellen Terpstra, mechanical, chemical and biological accepted a petition filed by the Administrator, Foreign Agricultural Service. control treatment methods. Southeastern Fisheries Association, [FR Doc. 04–3805 Filed 2–20–04; 8:45 am] DATES: Comments concerning the scope Tallahassee, Florida, for trade of this analysis should be received no BILLING CODE 3410–10–P adjustment assistance. The association later than April 5, 2004. represents Florida shrimpers. The ADDRESSES: Submit written comments Administrator will determine within 40 DEPARTMENT OF AGRICULTURE to: Invasive Plant Team, USDA Forest days whether or not imports of farmed Service, P.O. Box 3623, Portland, OR shrimp contributed importantly to a Foreign Agricultural Service 97208–3623. decline in domestic producer prices by FOR FURTHER INFORMATION CONTACT: more than 20 percent during the Trade Adjustment Assistance for Eugene Skrine, Team Leader, Invasive marketing period beginning January Farmers 2003 and ending December 2003. If the Plant EIS Project, USDA Forest Service, P.O. Box 3623, Portland, OR 97208– determination is positive, all Florida AGENCY: Foreign Agricultural Service, 3623 or by calling (503) 808–2685. shrimpers will be eligible to apply to the USDA. Farm Service Agency for technical SUPPLEMENTARY INFORMATION: ACTION: Notice. assistance at no cost and adjustment Need for the Proposal assistance payments based on their shrimp landings, excluding rock The Administrator, Foreign Approximately 10,000 acres of forests shrimp. Agricultural Service (FAS), today and grasslands are degraded on the accepted a petition filed by the Tropical Ochoco and Deschutes National Forests FOR FURTHER INFORMATION CONTACT: Fruit Growers of South Florida, Inc., by infestations of invasive, non-native Jean-Louis Pajot, Coordinator, Trade plants. These infestations are situated Adjustment Assistance for Farmers, representing a group of fresh longan producers from Florida for trade on about 2500 individual locations or FAS, USDA, (202) 720–2916, e-mail: sites. These infestations have a high [email protected]. adjustment assistance. The Administrator will determine within 40 potential to expand and further degrade Dated: February 6, 2004. days whether or not imports of longans forests and grasslands. Infested areas A. Ellen Terpstra, contributed importantly to a decline in represent potential seed sources for Administrator, Foreign Agricultural Service. domestic producer prices by more than further invasion onto neighboring lands. [FR Doc. 04–3803 Filed 2–20–04; 8:45 am] 20 percent during the marketing period Invasive plants are compromising our BILLING CODE 3410–10–P beginning July 2003 and ending ability to manage the National Forests September 2003. If the determination is for a healthy native ecosystem. Invasive positive, all longan producers will be plants create a host of environmental DEPARTMENT OF AGRICULTURE eligible to apply to the Farm Service and other effects, most of which are Agency for technical assistance at no harmful to native ecosystem processes, Foreign Agricultural Service cost and adjustment assistance. including: displacement of native plants; reduction in functionality of Trade Adjustment Assistance for FOR FURTHER INFORMATION CONTACT: habitat and forage for wildlife and Farmers Jean-Louis Pajot, Coordinator, Trade livestock; loss of threatened, AGENCY: Foreign Agricultural Service, Adjustment Assistance for Farmers, endangered, and sensitive species; USDA. FAS, USDA, (202) 720–2916, e-mail: increased soil erosion and reduced ACTION: Notice. [email protected]. water quality; alteration of physical and Dated: February 10, 2004. biological properties of soil, including The Administrator, Foreign reduced soil productivity; changes to Agricultural Service (FAS), today A. Ellen Terpstra, the intensity and frequency of fires; high accepted a petition filed by the Tropical Administrator, Foreign Agricultural Service. cost (dollars spent) of controlling Fruit Growers of South Florida, Inc., [FR Doc. 04–3806 Filed 2–20–04; 8:45 am] invasive plants; and loss of recreational representing a group of fresh lychee BILLING CODE 3410–10–P opportunities.

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Proposed Action • Tribes and Treaty Rights—The chapters of the draft statement. The USDA Forest Service Ochoco and treatment of invasive plants has Comments may also address the Deschutes National Forests, propose to potential to affect plants considered adequacy of the draft EIS or the merits treat areas infested with invasive plants. culturally important to American Indian of alternatives formulated and discussed Tribes. in the statement. Reviewers may wish to We estimate the cumulative treatment • area to be 10,000 acres, including Recreation—The treatment of refer to the Council on Environmental approximately 3,000 acres by manual invasive plants can affect recreation on Quality Regulations for implementing treatment, 500 acres by mechanical the Forests. the procedural provision of the National • Wildlife—The treatment of invasive treatment, and 6,500 acres by chemical Environmental Policy Act (40 CFR plants has potential to affect wildlife. treatment. The proposed treatments will 1503.3) in addressing these points. be conducted in compliance with Forest Preliminary Alternatives Comments received in response to Plan direction to enhance our ability to The No Action alternative will serve this solicitation, including names and protect native ecosystems from invasive, as a baseline for comparison of addresses of those who comment, will non-native plants. Some of the treated alternatives. This alternative will offer areas are small in size , while others are be considered part of the public record no treatment of affected sites. It will be on this proposed action and will be somewhat extensive. Treatment fully developed and analyzed. methods will employ manual, available for public inspection. Additional alternatives may be Comments submitted anonymously will mechanical, chemical, and biological developed around the proposed action control methods. Selection of treatment be accepted and considered; however, to address key issues identified in the those who submit anonymous methods is based on information such scoping and public involvement comments may not have standing to as the biology of particular invasive process. An adaptive management appeal the subsequent decision under plant species, site location, and size of approach may be considered as an the infestation. Long-term site goals will alternative. 36 CFR part 215. Additionally, pursuant be established for infested areas, taking to 7 CFR 1.27(d), any person may into consideration treatment options, Estimated Dates for Draft and Final EIS request the agency to withhold a monitoring and revegetation feasability. The draft EIS is expected to be filed submission from the public record by Proposed Scoping with the Environmental Protection showing how the Freedom of Agency (EPA) and to be released for Information Act (FOIA) permits such Public participation is an important public comment by September 2004. confidentiality. Persons requesting such part of this analysis. The Forest Service The comment period on the draft EIS confidentiality should be aware that, is seeking information, comments, and will end 45 days from the date the EPA assistance from Federal, State and local under the FOIA, confidentiality may be publishes the notice of availability in agencies, tribes, and other individuals granted in only very limited the Federal Register. circumstances, such as to protect trade or organizations who may be interested The Forest Service believes, at this in or affected by the proposed action. secrets. The Forest Service will inform early stage, it is important to give Comments submitted during the scoping the requester of the agency’s decision reviewers notice of several court rulings process should be in writing. They regarding the request for confidentiality, related to public participation in the should be specific to the action being and where the request is denied, the environmental review process. First, proposed and should describe as clearly agency will return the submission and reviewers of the draft EIS must structure and completely as possible any issues notify the requester that the comments their participation in the environmental the commenter has with the proposal. may be resubmitted with or without review of the proposal so that it is This input will be used in preparation meaningful, and alerts an agency to the name and address within a specified of the draft EIS. number of days. To facilitate public participation reviewer’s position and contentions additional scoping opportunities will (Vermont Yankee Nuclear Power Corp. Comments on the draft EIS will be include: a scoping letter, public v. NRDC. 435 U.S. 519. 553 [1978]). analyzed, considered, and responded to meetings (dates and locations yet to be Also, environmental objectives that by the Forest Service in preparing the determined), newsletters, and a Web site could be raised at the draft EIS stage but final EIS. The final EIS is scheduled to (www.fs.fed.us/r6/invasiveplant-eis/ that are not raised until after the be completed in February 2005. There multiforest-sitespecific- completion of the final EIS may be will be two responsible officials for this information.htm). waived or dismissed by the courts (City multiforest EIS. Duties of the of Angoon v. Hodel, 803 F. 2d 1016, Responsible Official will be shared Preliminary Issues Identified to Date 1022 [9th Cir. 1986] and Wisconsin between Leslie Weldon, Forest Preliminary issues associated with the Heritage, Inc. v. Harris, 490 F. Supp. Supervisor of the Deschutes National Proposed Action include: 1334 [E.D.Wis. 1980]). Because of these Forest, and Larry Timchak, Forest • Human Health—Implementation of court rulings, it is very important that Supervisor of the Ochoco National treatment methods (particularly those interested in this proposed action Forest. They will consider comments, herbicides) designed to manage invasive participate by the close of the 45-day responses, and environmental comment period, so that substantive plants may pose risks to the health and consequences discussed in the final EIS, comments and objections are made safety of workers and the public. and applicable laws, regulations, and • Threatened, Endangered and available to the Forest Service at a time Sensitive Species—The treatment of when it can meaningfully consider them policies in making a decision regarding invasive plants can affect Threatened, and respond to them in the final EIS. this proposed action. The responsible Endangered, and Sensitive Species. To assist the Forest Service in officials will document the decision and • Aquatics—The treatment of identifying and considering issues and rationale for the decision in the Record invasive plants, particularily with concerns on the proposed action, of Decision. It will be subject to Forest herbicides, can affect aquatic comments on the draft EIS should be as Service Appeal Regulations (36 CFR ecosystems, including water quality and specific as possible. It is also helpful if Part 215). watershed health. the comments refer to specific pages or

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Dated: February 12, 2004. increase at rates of up to 8–12 percent To facilitate public participation Jim Golden, per year. additional scoping opportunities will Deputy Regional Forester, Pacific Northwest Invasive plants are compromising our include: a scoping letter, public Region. ability to manage the National Forests meetings (dates and locations yet to be [FR Doc. 04–3580 Filed 2–20–04; 8:45 am] for a healthy native ecosystem. Invasive determined), newsletters, and a Web site BILLING CODE 3410–11–P plants create a host of environmental with address (http://www.fs.fed.us/r6/ and other effects, most of which are invasiveplant-eis/multiforest- harmful to native ecosystem processes, sitespecific-information.htm). DEPARTMENT OF AGRICULTURE including: displacement of native Preliminary Issues Identified to Date plants; reduction in functionality of Forest Service habitat and forage for wildlife and Preliminary issues associated with the livestock; loss of threatened, Proposed Action include: Invasive Plant Treatment Project— • endangered, and sensitive species; Human Health—Implementation of Olympic, Gifford Pinchot, and Mt. Hood increased soil erosion and reduced treatment methods (particularly National Forests and Columbia River water quality; alteration of physical and herbicides) designed to manage invasive Gorge National Scenic Area; Oregon biological properties of soil, including plants may pose risks to the health and and Washington reduced soil productivity; changes to safety of workers and the public. • Threatened, Endangered and AGENCY: Forest Service, USDA. the intensity and frequency of fires; high cost (dollars spent) of controlling Sensitive Species—The treatment of ACTION: Notice of intent to prepare an invasive plants can affect Threatened, environmental impact statement. invasive plants; and loss of recreational opportunities. Endangered, and Sensitive Species. • Aquatics—The treatment of SUMMARY: The USDA Forest Service will Proposed Action invasive plants, particularly with prepare an environmental impact herbicides, can affect aquatic statement (EIS) to document and The USDA Forest Service, Olympic, ecosystems, including water quality and disclose the potential environmental Gifford Pinchot, and Mt. Hood National Forests, and the Columbia River Gorge watershed health. effects of proposed invasive plant • Tribes and Treaty Rights—The National Scenic Area propose to treat treatment activities. This project treatment of invasive plants has areas infested with invasive plants. We evaluates site specific treatment potential to affect plants considered estimate the cumulative treatment area applications on the Olympic, Gifford culturally important to American Indian to be about 16,000 acres, including Pinchot, and Mt. Hood National Forests, Tribes. approximately 7,000 acres by manual and on the Columbia River Gorge • Recreation—The treatment of treatment, 1,500 acres by mechanical National Scenic Area. This action invasive plants can affect recreation on treatment, and 7,500 acres by chemical implements a variety of treatment the Forests. methods, including manual, treatment. • Wildlife—The treatment of invasive mechanical, chemical and biological The proposed treatments will be plants has potential to affect wildlife. control. conducted in compliance with Forest Plan direction to enhance our ability to Preliminary Alternatives DATES: Comments concerning the scope of this analysis should be received no protect native ecosystems from invasive, The No Action alternative will serve later than April 5, 2004. non-native plants. Some of the treated as a baseline for comparison of areas are likely to be small in size, while alternatives. This alternative will offer ADDRESSES: Submit written comments others are somewhat extensive. no treatment of affected sites. It will be to: Invasive Plant Team, USDA Forest Treatment methods will employ fully developed and analyzed. Service, P.O. Box 3623, Portland, OR manual, mechanical and chemical Additional alternatives may be 97208–3623. methods. The selection of individual developed around the proposed action FOR FURTHER INFORMATION CONTACT: treatment methods is based on to address key issues identified in the Eugene Skrine, Team Leader, Invasive information such as the biology of scoping and public involvement Plant EIS Project, USDA Forest Service, particular invasive plant species, site process. P.O. Box 3623, Portland, OR 97208– location, and size of the infestation. The 3623 or by calling (503) 808–2685. development of long-term site goals and Estimated Dates for Draft and Final EIS SUPPLEMENTARY INFORMATION: treatment of infested areas will be The draft EIS is expected to be filed linked to revegetation and monitoring. with the Environmental Protection Need for the Proposal Agency (EPA) and to be available for Proposed Scoping In recent years invasive plant public comment by September 2004. populations have significantly increased Public participation is an important The comment period on the draft EIS on the Olympic, Gifford Pinchot, and part of this analysis. The Forest Service will be 45 days from the date the EPA Mt. Hood National Forests, and on the is seeking information, comments, and publishes the notice of availability in Columbia River Gorge National Scenic assistance from Federal, State and local the Federal Register. Area. Forest inventories indicate that agencies, tribes, and other individuals The Forest Service believes, at this there are approximately 1000 invasive or organizations who may be interested early stage, it is important to give plant sites. These sites occupy about in or affected by the proposed action. reviewers notice of several court rulings 16,000 acres of National Forest land, Comments submitted during the scoping related to public participation in the approximately 4,000 acres on the process should be in writing. They environmental review process. First, Olympic, 3,500 acres on the Gifford should be specific to the action being reviewers of the draft EIS must structure Pinchot, 1,000 acres on the Columbia proposed and should describe as clearly their participation in the environmental River Gorge National Scenic Area, and and completely as possible any issues review of the proposal so that it is 7,500 acres on the Mount Hood. the commenter has with the proposal. meaningful, and alerts an agency to the Invasive plants continue to expand This input will be used in preparation reviewer’s position and contentions every year, and have the potential to of the draft EIS. (Vermont Yankee Nuclear Power Corp.

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v. NRDC. 435 U.S. 519. 553 [1978]). be completed in February 2005. There Dated: February 6, 2004. Also, environmental objectives that will be four responsible officials for this James Fenwood, could be raised at the draft EIS stage but multiforest EIS. Dale Hom, Forest Forest Supervisor. that are not raised until after the Supervisor of the Olympic National [FR Doc. 04–3770 Filed 2–20–04; 8:45 am] completion of the final EIS may be Forest, Claire Lavendel, Forest BILLING CODE 3410–11–M waived or dismissed by the courts (City Supervisor of the Gifford Pinchot of Angoon v. Hodel, 803 F. 2d 1016, National Forest, Gary Larsen, Forest 1022 [9th Cir. 1986] and Wisconsin Supervisor of the Mt. Hood National DEPARTMENT OF AGRICULTURE Heritage, Inc. v. Harris, 490 F. Supp. Forest, and Dan Harkenrider, Area 1334 [E.D.Wis. 1980]). Because of these Manager of the Columbia River Gorge National Agricultural Statistics Service court rulings, it is very important that National Scenic Area will share the those interested in this proposed action duties of responsible official for this Notice of Appointment to the Advisory participate by the close of the 45-day project. They will consider comments, Committee on Agriculture Statistics comment period; so that substantive responses, environmental consequences AGENCY: National Agricultural Statistics comments and objections are made discussed in the final EIS, and Service, USDA. available to the Forest Service at a time applicable laws, regulations, and ACTION: Notification of appointment to when it can meaningfully consider them policies in making the decision and the Advisory Committee on Agriculture and respond to them in the final EIS. rationale for the decision in the Record Statistics. To assist the Forest Service in of Decision. It will be subject to Forest identifying and considering issues and Service Appeal Regulations (36 CFR SUMMARY: The Office of the Secretary of concerns on the proposed action, part 215). Agriculture announces members comments on the draft EIS should be as Dated: February 12, 2004. appointed to the Advisory Committee specific as possible. It is also helpful if Jim Golden, on Agriculture Statistics, in accordance the comments refer to specific pages or with the Federal Advisory Committee chapters of the draft statement. Deputy Regional Forester, Pacific Northwest Region. Act, 5 U.S.C. App. II. Comments may also address the [FR Doc. 04–3581 Filed 2–20–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: adequacy of the draft EIS or the merits Carol House, Executive Director, BILLING CODE 3410–11–P of alternatives formulated and discussed Advisory Committee on Agriculture in the statement. Reviewers may wish to Statistics, U.S. Department of refer to the Council on Environmental DEPARTMENT OF AGRICULTURE Agriculture, National Agricultural Quality Regulations for implementing Statistics Service, Telephone: 202–720– the procedural provision of the National Forest Service 4333, Fax: 202–720–9013, or e-mail: Environmental Policy Act (40 CFR [email protected]. 1503.3) in addressing these points. Mendocino Resource Advisory SUPPLEMENTARY INFORMATION: Comments received in response to Committee The this solicitation, including names and appointment for the twenty-five member addresses of those who comment, will AGENCY: Forest Service, USDA. committee, which has representation be considered part of the public record ACTION: Notice of meeting. across seven categories that covers a on this proposed action and will be broad range of agricultural disciplines SUMMARY: The Mendocino County available for public inspection. and interests, was signed on November Resource Advisory Committee (RAC) Comments submitted anonymously will 28, 2003. Appointed members, by their will meet March 12, 2004, in Willits, be accepted and considered; however, associated category are: Consumer and California. Agenda items to be covered those who submit anonymous Information Organizations—Ross include: (1) Introductions; (2) Federal comments may not have standing to Ronald Racine, Billings, MT; James Advisory Committee Act (FACA) appeal the subsequent decision under Dennis Rieck, Winfield, IL; Robert W. summary; (3) RAC overview; (4) 36 CFR part 215. Additionally, pursuant Spear, Nobleboro, ME. Educational selection of chair; (5) support role of to 7 CFR 1.27(d), any person may Organizations—R. Edmund Gomez, Forest Service; (6) meeting logistics; (7) request the agency to withhold a Alcalde, NM; Ling-Jung (Kelvin) Koong, public comment; (8) general discussion; submission from the public record by Corvallis, OR; Bobby Ray Phills, and (9) next agenda and meeting date. showing how the Freedom of Tallahassee, FL. Farm Services Information Act (FOIA) permits such DATES: The meeting will be held on Organizations—Jacklyn M. Folsom, confidentiality. Persons requesting such March 12, 2004, from 8:30 a.m. to 4:30 Cabot, VT; John Irving Gifford, Rock confidentiality should be aware that, p.m. Island, IL; Jack Charles Mitenbuler, under the FOIA, confidentiality may be ADDRESSES: The meeting will be held at Indianapolis, IN; Ranvir Singh, granted in only very limited the Mendocino County Museum, Marysville, CA; Mark Edward Whalon, circumstances, such as to protect trade located at 400 E. Commercial St. Willits, East Lansing, MI. Government secrets. The Forest Service will inform California. Agencies—Robert Dale Epperson, the requester of the agency’s decision FOR FURTHER INFORMATION CONTACT: Fresno, CA. National Farm regarding the request for confidentiality, Roberta Hurt, Committee Coordinator, Organizations—Carol Ann Gregg, Grove and where the request is denied, the USDA Forest Service, Mendocino City, PA; Mark W. Jenner, Mt. Prospect, agency will return the submission and National Forest, Covelo Ranger District, IL; Sheila Kay Massey, Animas, NM; notify the requester that the comments 78150 Covelo Road, Covelo CA 95428. Ivan W. Wyatt, Cedar Point, KS. may be resubmitted with or without (707) 983–6118; E-mail [email protected]. Producer and Marketing name and address within a specified SUPPLEMENTARY INFORMATION: The Organizations—Gary Adams, Cordova, number of days. meeting is open to the public. Persons TN; Roger M. Cryan, Fairfax, VA; Comments on the draft EIS will be who wish to bring matters to the William George Lapp, Omaha, NE.; Lucy analyzed, considered, and responded to attention of the Committee will have the C. Meyring, Walden, CO.; Ron Olsen, by the Forest Service in preparing the opportunity to address the committee at Idaho Falls, ID; Ron Plain, Columbia, final EIS. The final EIS is scheduled to the meeting. MO; Ira Silvergleit, Alexandria, VA.

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Professional Organizations—Walter J. in a mixed industrial and residential Alaska (GOA) and Bering Sea/Aleutian Armbruster, Darien, IL; Ronald C. neighborhood approximately 1.5 miles Islands (BS/AI), King and Tanner, Wimberley, Raleigh, NC. east of downtown Louisville. Scallop, plan teams will meet via video The duties of the Committee are Recommendations proposed in the conference in 4 locations and by solely advisory. The Committee will investigative report are issued by a vote teleconference, telephone: 907–586– make recommendations to the Secretary of the Board and address identified 7060. of Agriculture with regards to the safety deficiencies uncovered during the DATES: The meetings will be held on agricultural statistics program of the investigation, and specifies how to March 8, 2004, from 8 a.m. to 12 noon, National Agricultural Statistics Service correct the situation. Safety 1 p.m. to 4 p.m., Alaska Time); March (NASS) and such other matters as it may recommendations are the primary tool 9, 2004, from 10:30 a.m. to 12:30 p.m., deem advisable, or which the Secretary used by the Board to motivate 1:30 p.m. to 4 p.m., Alaska Time). of Agriculture, Under Secretary for implementation of safety improvements ADDRESSES: The listening stations are Research, Education, and Economics, or and prevent future incidents. The CSB located in Anchorage, Juneau, Kodiak, the Administrator of NASS may request. uses its unique independent accident AK and Seattle, WA. See The Advisory Committee meeting will investigation perspective to identify SUPPLEMENTARY INFORMATION for be held on February 17–18, 2004. All trends or issues that might otherwise be locations. meetings are open to the public. overlooked. CSB recommendations may Council address: North Pacific Committee members will be reimbursed be directed to corporations, trade Fishery Management Council, 605 W. for official travel expenses only. associations, government entities, safety 4th Ave., Suite 306, Anchorage, AK organizations, labor unions and others. Signed at Washington, DC, February 5, 99501–2252. 2004. After the staff presentation, the Board FOR FURTHER INFORMATION CONTACT: R. Ronald Bosecker, will allow a time for public comment. Diana Stram, Cathy Coon, North Pacific Administrator, National Agricultural Following the conclusion of the public Statistics Service. comment period, the Board will Fishery Management Council; telephone: 907–271–2809. [FR Doc. 04–3764 Filed 2–20–04; 8:45 am] consider whether to vote to approve the SUPPLEMENTARY INFORMATION: The BILLING CODE 3410–20–P final report and recommendations. All staff presentations are preliminary listening/video stations are as follows: and are intended solely to allow the North Pacific Fishery Management Council, 605 W 4th Avenue, Room 301, CHEMICAL SAFETY AND HAZARD Board to consider in a public forum the Anchorage, AK; INVESTIGATION BOARD issues and factors involved in this case. No factual analyses, conclusions or Alaska Fisheries Science Center, 7600 Sunshine Act Meeting findings should be considered final. Sand Point Way N.E., Building 4, Only after the Board has considered the Conference Room, Seattle, WA; In connection with its investigation staff presentation and approved the staff NMFS, 709 W 9th Street, 4th Floor, into the cause of a deadly explosion and report will there be an approved final Sustainable Fisheries Conference Room, the leakage of 26,000 pounds of aqua record of this incident. Juneau, AK; ammonia into the atmosphere from the The meeting will be open to the Fishery Industry Technology Center, DD Williamson & Co., Inc. plant in public. Please notify CSB if a translator 301 Research Center, Conference Room, Louisville, Kentucky on April 11, 2003, or interpreter is needed, at least 5 Kodiak, AK. the United States Chemical Safety and business days prior to the public The meetings will begin at 8 a.m. on Hazard Investigation Board announces meeting. For more information, please March 8. The plan team will review that it will convene a Public Meeting contact the Chemical Safety and Hazard proposals for designation of Habitat beginning at 9:30 a.m. local time on Investigation Board at (202) 261–7600, Areas of Particular Concern (HAPC), March 12, 2004, at the Galt House, 140 or visit our Web site at: http:// that were submitted to the Council. The North Fourth Street, Louisville, KY, www.csb.gov. plan teams will evaluate the proposals 40202, Telephone: 502–568–5200. and develop recommendations to assist At the meeting CSB staff will present Christopher W. Warner, the Council with development of HAPC to the Board the results of their General Counsel. designation alternatives. investigation into this incident, [FR Doc. 04–3894 Filed 2–19–04; 10:01 am] Although non-emergency issues not including an analysis of the incident BILLING CODE 6350–01–P contained in this agenda may come together with a discussion of the key before this group for discussion, those findings, root and contributing causes, issues may not be the subject of formal and draft recommendations. The CSB DEPARTMENT OF COMMERCE action during this meeting. Action will staff presentation will focus on three be restricted to those issues specifically key safety issues: overpressure National Oceanic and Atmospheric identified in this notice and any issues protection, hazard evaluation systems, Administration arising after publication of this notice and engineering at small facilities. that require emergency action under This incident occurred at 2:10 a.m. on [I.D. 021704D] section 305(c) of the Magnuson-Stevens Friday, April 11, 2003, when a vessel North Pacific Fishery Management Fishery Conservation and Management explosion at the DD Williamson plant Council; Public Meetings Act, provided the public has been killed an operator and caused extensive notified of the Council’s intent to take damage to the western end of the AGENCY: National Marine Fisheries final action to address the emergency. facility. As a consequence of the Service (NMFS), National Oceanic and Special Accommodations explosion, 26,000 pounds of aqua Atmospheric Administration (NOAA), ammonia (29.4% ammonia solution in Commerce. These meetings are physically water) leaked into the atmosphere, ACTION: Notice of public meetings. accessible to people with disabilities. forcing the evacuation of 26 residents. Requests for sign language The DD Williamson plant employs SUMMARY: The North Pacific Fishery interpretation or other auxiliary aids approximately 45 people and is located Management Council’s (Council) Gulf of should be directed to Gail Bendixen,

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907–271–2809, at least 5 working days Council address: Pacific Fishery 6. Salmon Fishery Management Plan prior to the meeting date. Management Council, 7700 NE Amendment Issues Dated: February 18, 2004. Ambassador Place, Suite 200, Portland, 7. Update on Mitchell Act Hatchery OR 97220. Tracey Thompson, Needs FOR FURTHER INFORMATION CONTACT: Acting Director, Office of Sustainable Dr. 8. Council Direction for 2004 Fisheries, National Marine Fisheries Service. Donald O. McIsaac, Executive Director; Management Options (If Necessary) telephone: (503) 820–2280 or (866) 806– [FR Doc. E4–347 Filed 2–20–04; 8:45 am] 9. Adoption of 2004 Management 7204. BILLING CODE 3510–22–S Options for Public Review SUPPLEMENTARY INFORMATION: The 10. Salmon Hearings Officers following items are on the Council D. Enforcement Issues DEPARTMENT OF COMMERCE agenda, but not necessarily in this order: 1. Contact-to-Violation Ratio in the A. Call to Order Recreational Groundfish Fishery 1. Opening Remarks and National Oceanic and Atmospheric 2. U.S. Coast Guard Fishery Administration Introductions 2. Roll Call Enforcement [I.D. 021704F] 3. Executive Director’s Report E. Groundfish Management 4. Approve Agenda 1. NMFS Report Pacific Fishery Management Council; B. Administrative Matters 2. Lingcod and Cabezon Stock Public Meetings 1. Approval of Council Meeting Assessments for 2005–06 Minutes 3. Stock Assessment Planning for AGENCY: National Marine Fisheries 2. Legislative Matters 2007–08 Fishery Management Service (NMFS), National Oceanic and 3. Appointments to Advisory Bodies, Atmospheric Administration (NOAA), 4. Status of Groundfish Fisheries and Standing Committees, and Other Inseason Adjustments Commerce. Forums 5. Pacific Whiting Management ACTION: Notice of public meetings. 4. Draft April 2004 Council Meeting Agenda F. Pacific Halibut Management SUMMARY: The Pacific Fishery 5. Regional Council Conference: 1. NMFS Report Management Council (Council) and its Magnuson-Stevens Act The First 25 2. Report on International Pacific advisory entities will hold public Years Halibut Commission Annual Meeting meetings. C. Salmon Management 3. Public Review Options for the 2004 1. Update on Pacific Salmon DATES: The Council and its advisory Incidental Catch Regulations in the Commission Coho Fishery Regulatory entities will meet March 7–12, 2004. Salmon Troll and Fixed Gear Sablefish Assessment Model for 2004 Salmon The Council meeting will begin on Fisheries Management G. Habitat Tuesday, March 9, at 8 a.m., 2. Review of 2003 Fisheries and reconvening each day through Friday. 1. Current Habitat Issues Summary of 2004 Stock Abundance 2. Corals and Living Substrate Report All meetings are open to the public, Estimates except a closed session will be held 3. Inseason Management 3. Artificial Reefs in Southern from 8 a.m. until 9 a.m. on Tuesday, Recommendations for Seasons Prior to California March 9 to address litigation and May 1 for the Commercial Fishery H. Marine Protected Areas personnel matters. The Council will Between Horse Mountain and Point 1. Marine Reserves in the Federal meet as late as necessary each day to Arena (Fort Bragg Area) Waters Portion of the Channel Islands complete its scheduled business. 4. Identification of Management National Marine Sanctuary ADDRESSES: The meetings will be held at Objectives and Preliminary Definition of 2. Scientific and Statistical Committee the Sheraton Tacoma Hotel, 1320 2004 Salmon Management Options Review of Marine Reserves Issues Broadway Plaza, Tacoma, WA 98402; 5. Council Recommendations for 2004 3. Update on Other Marine Protected telephone: 253–572–3200. Management Option Analysis Area Activities SCHEDULE OF ANCILLARY MEETINGS

SUNDAY, MARCH 7, 2004 Groundfish Management Team 2 p.m. Tacoma 4 Room MONDAY, MARCH 8, 2004 Council Secretariat 8 a.m. Main Hall D Groundfish Advisory Subpanel 8 a.m. Tacoma 3 Room Groundfish Management Team 8 a.m. Tacoma 4 Room Klamath Fishery Management Council 8 a.m. Tacoma 1 Room Salmon Advisory Subpanel 8 a.m. Main Hall E Salmon Technical Team 8 a.m. Main Hall C Scientific and Statistical Committee 8 a.m. Main Hall F Habitat Committee 1 p.m. South/Center Room Legislative Committee 11 a.m. 2nd Floor Boardroom Tribal Policy Group As necessary Tacoma 2 Room Tribal and Washington Technical Groups As necessary Executive Board Room Washington State Delegation As necessary North Room TUESDAY, MARCH 9, 2004 Council Secretariat 7 a.m. Main Hall D California State Delegation 7 a.m. Tacoma 3 Room Oregon State Delegation 7 a.m. 2nd Floor Boardroom Groundfish Advisory Subpanel 8 a.m. Tacoma 3 Room Groundfish Management Team 8 a.m. Tacoma 4 Room Habitat Committee 8 a.m. South/Center Room

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SCHEDULE OF ANCILLARY MEETINGS—Continued Salmon Advisory Subpanel 8 a.m. Main Hall E Salmon Technical Team 8 a.m. Main Hall C Scientific and Statistical Committee 8 a.m. Main Hall F Enforcement Consultants Immediately following 2nd Floor Boardroom Council session Klamath Fishery Management Council As necessary Tacoma 1 Room Tribal Policy Group As necessary Tacoma 2 Room Tribal and Washington Technical Groups As necessary Executive Board Room Washington State Delegation As necessary North Room WEDNESDAY, MARCH 10, 2004 Council Secretariat 7 a.m. Main Hall D California State Delegation 7 a.m. Tacoma 3 Room Oregon State Delegation 7 a.m. 2nd Floor Boardroom Groundfish Advisory Subpanel 8 a.m. Tacoma 3 Room Groundfish Management Team 8 a.m. Tacoma 4 Room Salmon Advisory Subpanel 8 a.m. Main Hall E Salmon Technical Team 8 a.m. Main Hall C Scientific and Statistical Committee 8 a.m. Main Hall F Enforcement Consultants As necessary 2nd Floor Boardroom Klamath Fishery Management Council As necessary Tacoma 1 Room Tribal Policy Group As necessary Tacoma 2 Room Tribal and Washington Technical Groups As necessary Executive Board Room Washington State Delegation As necessary North Room THURSDAY, MARCH 11, 2004 Council Secretariat 7 a.m. Main Hall D California State Delegation 7 a.m. Tacoma 3 Room Oregon State Delegation 7 a.m. 2nd Floor Boardroom Groundfish Advisory Subpanel 8 a.m. Tacoma 3 Room Groundfish Management Team 8 a.m. Tacoma 4 Room Salmon Advisory Subpanel 8 a.m. Main Hall E Salmon Technical Team 8 a.m. Main Hall C Enforcement Consultants As necessary 2nd Floor Boardroom Klamath Fishery Management Council As necessary Tacoma 1 Room Tribal Policy Group As necessary Tacoma 2 Room Tribal and Washington Technical Groups As necessary Executive Board Room Washington State Delegation As necessary North Room FRIDAY, MARCH 12, 2004 Council Secretariat 7 a.m. Main Hall D California State Delegation 7 a.m. Tacoma 3 Room Oregon State Delegation 7 a.m. 2nd Floor Boardroom Salmon Advisory Subpanel 8 a.m. Main Hall E Salmon Technical Team 8 a.m. Main Hall C Enforcement Consultants As necessary 2nd Floor Boardroom Tribal Policy Group As necessary Tacoma 1 Room Tribal and Washington Technical Groups As necessary Tacoma 2 Room Washington State Delegation As necessary Executive Board Room

Although non-emergency issues not at 503–820–2280 at least 5 days prior to ACTION: Notice. contained in this agenda may come the meeting date. SUMMARY: before this Council for discussion, those The Commodity Futures Dated: February 18, 2004. Trading Commission (CFTC) is issues may not be the subject of formal Tracey Thompson, announcing an opportunity for public Council action during this meeting. Acting Director, Office of Sustainable comment on the proposed collection of Council action will be restricted to those Fisheries, National Marine Fisheries Service. certain information by the agency. issues specifically listed in this notice [FR Doc. E4–343 Filed 2–20–04; 8:45 am] Under the Paperwork Reduction Act of and any issues arising after publication BILLING CODE 3510–22–S 1995 (PRA), 44 U.S.C. 3501 et seq., of this notice that require emergency Federal agencies are required to publish action under section 305(c) of the notice in the Federal Register Magnuson-Stevens Fishery concerning each proposed collection of Conservation and Management Act, COMMODITY FUTURES TRADING information, and to allow 60 days for provided the public has been notified of COMMISSION comment in response to the notice. This the Council’s intent to take final action notice solicits comments on to address the emergency. Agency Information Collection requirements relating to information Activities: Notice of Intent To Renew Special Accommodations collected to assist the Commission in Collection 3038–0054, Establishing the prevention of market manipulation. Procedures To Implement the DATES: Comments must be submitted on These meetings are physically Notification Requirements for Entities or before April 23, 2004. accessible to people with disabilities. Operating as Exempt Markets Requests for sign language ADDRESSES: Comments may be mailed to interpretation or other auxiliary aids AGENCY: Commodity Futures Trading Richard Shiltz, Division of Market should be directed to Ms. Carolyn Porter Commission. Oversight, U.S. Commodity Futures

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Trading Commission, 1155 21st Street with section 2(h)(5)(B) of the Act. An comment on the proposed collection of NW., Washington, DC 20581. exempt commercial market may provide certain information by the agency. FOR FURTHER INFORMATION CONTACT: the Commission with access to Under the Paperwork Reduction Act of Richard Shiltz, (202) 418–5275; FAX transactions conducted on the facility or 1995 (PRA), 44 U.S.C. 3501 et.seq., (202) 418–5527; e-mail [email protected]. it can satisfy its reporting requirements Federal agencies are required to publish notice in the Federal Register SUPPLEMENTARY INFORMATION: Under the by complying with the Commission’s PRA, Federal agencies must obtain reporting requirements. The Act concerning each proposed collection of approval from the Office of Management affirmatively vests the Commission with information, and to allow 60 days for and Budget (OMB) for each collection of comprehensive antimanipulation comment in response to the notice. This information they conduct or sponsor. enforcement authority over these notice solicits comments on ‘‘Collection of information’’ is defined trading facilities. The Commission is requirements relating to information to in 44 U.S.C. 3502(3) and 5 CFR charged with monitoring these markets assist the Commission in the prevention 1320.3(c) and includes agency requests for manipulation and enforcing the of market manipulations. or requirements that members of the antimanipulation provisions of the Act. DATES: Comments must be submitted on public submit reports, keep records, or The informational requirements or before April 23, 2004. provide information to a third party. imposed by proposed rules are designed ADDRESSES: Comments may be mailed to Section 3506(c)(2)(A) of the PRA, 44 to ensure that the Commission can Kevin Walek, Division of Clearing and Section 3506(c)(2)(A), requires Federal effectively perform these functions. Intermediary Oversight, U.S. Agencies to provide a 60-day notice in Section 5d of the Act establishes a Commodity Futures Trading the Federal Register concerning each category of market exempt from Commission, 1155 21st Street NW., proposed collection of information, Commission oversight referred to as an Washington, DC 20581. including each proposed extension of an ‘‘exempt board of trade.’’ Rule 36.2 FOR FURTHER INFORMATION CONTACT: existing collection of information, implements regulations that define Kevin Walek, (202) 418–5463; FAX before submitting the collection to OMB those commodities that are eligible to (202) 418–5536; e-mail: for approval. To comply with this trade on an exempt board of trade. Rule [email protected]. requirement, the CFTC is publishing 36.2(b) implements the notification requirements of section 5d of the Act. SUPPLEMENTARY INFORMATION: Under the notice of the proposed collection of PRA, Federal agencies must obtain information listed below. Rule 36.2(b)(1) requires exempt boards of trade relying on this exemption to approval from the Office of Management With respect to the following and Budget (OMB) for each collection of collection of information, the CFTC disclose to traders that the facility and trading on the facility is not regulated information they conduct or sponsor. invites comments on: ‘‘Collection of information’’ is defined • by the Commission. This requirement is Whether the proposed collection of in 44 U.S.C. 3502(e) and 5 CFR information is necessary for the proper necessary to make manifest the nature of the market and to avoid misleading the 1320.3(c) and includes agency requests performance of the functions of the or requirements that members of the Commission, including whether the public. The Commission estimates the burden public submit reports, keep records, or information will have a practical use; provide information to a third party. • The accuracy of the Commission’s of this collection of information as follows: Section 3506(c)(2)(A) of the PRA, 44 estimate of the burden of the proposed Section 3506(c)(2)(A), requires Federal collection of information, including the Estimated Annual Reporting Burden Agencies to provide a 60-day notice in validity of the methodology and Number of Respondents: 10. the Federal Register concerning each assumptions used; proposed collection of information, • Total Annual Responses: 10. Ways to enhance the quality of, Total Annual Hours: 100. including each proposed extension of an usefulness, and clarity of the Dated: February 17, 2004. existing collection of information, information to be collected; and before submitting the collection to OMB • Jean A. Webb, Ways to minimize the burden of for approval. To comply with this Secretary of the Commission. collection of information on those who requirement, the CFTC is publishing are to respond, including through the [FR Doc. 04–3789 Filed 2–20–04; 8:45 am] notice of the proposed collection of use of appropriate electronic, BILLING CODE 6351–01–M information listed below. mechanical, or other technological With respect to the following collection techniques or other forms of collection of information, the CFTC COMMODITY FUTURES TRADING information technology; e.g., permitting invites comments on: electronic submission of responses. COMMISSION • Whether the proposed collection of Establishing Procedures To Implement Agency Information Collection information is necessary for the proper the Notification Requirements for Activities: Notice of Intent To Renew performance of the functions of the Entities Operating as Exempt Markets Collection 3038–0005, Rules Relating Commission, including whether the OMB Control No. 3038–0054— to the Operations and Activities of information will have a practical use; • The accuracy of the Commission’s Extension Commodity Pool Operators and estimate of the burden of the proposed Commodity Trading Advisors and to Sections 2(b)(3) through (5) of the collection of information, including the Monthly Reporting by Futures Commodity Exchange Act (Act) add validity of the methodology and Commission Merchants exempt commercial markets as markets assumptions used; excluded from the Act’s other AGENCY: Commodity Futures Trading • Ways to enhance the quality of, requirements. The rules implement the Commission. usefulness, and clarity of the qualifying conditions of the exemption. ACTION: Notice. information to be collected; and Rule 36.3(a) implements the notification • Ways to minimize the burden of requirements, and rule 36.3(b)(1) SUMMARY: The Commodity futures collection of information on those who establishes information requirements for Trading Commission (CFTC) is are to respond, including through the exempt commercial markets consistent announcing an opportunity for public use of appropriate electronic,

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mechanical, or other technological Participation gives notice of the clarity of the information to be collection techniques or other forms of following meeting: collected; and (d) ways to minimize the information technology; e.g., permitting DATE AND TIME: Tuesday, March 2, 2004, burden of the information collection on electronic submission of responses. 2:30 p.m.–4:30 p.m. respondents, including the use of automated collection techniques or Rules Relating to the Operations and PLACE: Corporation for National and other forms of information technology. Activities of Commodity Pool Operators Community Service, 1201 New York The Office of Management and Budget and Commodity Trading Advisors and Avenue, NW., 8th Floor, Room 8410, (OMB) has approved this information to Monthly Reporting by Futures Washington, DC 20525. collection requirement for use through Commission Merchants, OMB Control STATUS: Open. June 30, 2004. DoD proposes that OMB No. 3038–0005–Extension MATTERS TO BE CONSIDERED: extend its approval for use through June Part 4 of the Commission’s I. Chair’s Opening Remarks 30, 2007. Regulations set forth the Commission’s II. CEO Report DATES: DoD will consider all comments rules regarding the disclosure of risk, III. Executive Director Report received by April 23, 2004. IV. Panel Discussion the filing of reports, and the keeping of ADDRESSES: V. Public Comment Respondents may submit books and records. Each CPO who is comments via the Internet at http:// registered or required to be registered ACCOMMODATIONS: Anyone who needs emissary.acq.osd.mil/dar/dfars.nsf/ and solicits prospective participants in an interpreter or other accommodation pubcomm. As an alternative, a commodity pool must, absent an should notify the Corporation’s contact respondents may e-mail comments to: exemption, deliver to prospective person by 5 p.m. Thursday, February 26, [email protected]. Please cite OMB Control participants, and file with the NFA, a 2004. Number 0704–0231 in the subject line of Disclosure Document containing CONTACT PERSON FOR MORE INFORMATION: e-mailed comments. information specified by 4.24 and 4.25 Respondents that cannot submit before the CPO may accept funds or David Premo, Public Affairs Associate, Public Affairs, Corporation for National comments using either of the above other property in exchange for methods may submit comments to: participation in the pool. CTAs also and Community Service, 8th Floor, Room 8612C, 1201 New York Avenue, Defense Acquisition Regulations must comply with the disclosure Council, Attn: Ms. Teresa Brooks, requirements of 4.34 and 4.35 before NW., Washington, DC 20525. Phone (202) 606–5000 ext. 278. Fax (202) 565– OUSD(AT&L)DPAP(DAR), IMD 3C132, they may enter into an agreement to 3062 Defense Pentagon, Washington, DC direct or to guide a client’s commodity 2784. TDD: (202) 565–2799. E-mail: [email protected]. 20301–3062; facsimile (703) 602–0350. interest trading account. Please cite OMB Control Number 0704– Rule 4.22 requires the CPOs who are Dated: February 18, 2004. 0231. registered or required to be registered Frank R. Trinity, At the end of the comment period, also must provide pool participants General Counsel. interested parties may view public with an unaudited monthly or quarterly [FR Doc. 04–3940 Filed 2–19–04; 11:56 am] comments on the Internet at http:// Account statement for the pool, and an BILLING CODE 6050–$$–P emissary.acq.osd.mil/dar/dfars.nsf. annual Report for the pool that contains FOR FURTHER INFORMATION CONTACT: Ms. the net asset value of the pool and Teresa Brooks, (703) 602–0326. The Statements to Financial Condition, DEPARTMENT OF DEFENSE information collection requirements Income (Loss), Changes in Financial addressed in this notice are available Position, and Changes in Ownership [OMB Control Number 0704–0231] electronically on the World Wide Web Equity. Rule 4.23 for CPOs, and 4.33 for at: http://www.acq.osd.mil/dp/dars/ CTAs provide for the types of books and Information Collection Requirement; Defense Federal Acquisition dfars.html. Paper copies are available records that must be maintained by from Ms. Teresa Brooks, these registrants. Regulation Supplement; Mortuary Services Contracts OUSD(AT&L)DPAP(DAR), IMD 3C132, The Commission estimates the burden 3062 Defense Pentagon, Washington, DC of this collection of information as AGENCY: Department of Defense (DoD). 20301–3062. follows: ACTION: Notice and request for SUPPLEMENTARY INFORMATION: Title, Estimated Annual Reporting Burden comments regarding a proposed Associated Form, and OMB Number: Number of Respondents: 7,200. extension of an approved information Defense Federal Acquisition Regulation Total Annual Responses: 17,705 collection requirement. Supplement (DFARS) Subpart 237.70, Total Annual Hours: 115,871. Mortuary Services, and the associated SUMMARY: In compliance with section clause at DFARS 252.237–7011; DD Dated: February 17, 2004. 3506(c)(2)(A) of the Paperwork Form 2063, Record of Preparation and Jean A. Webb, Reduction Act of 1995 (44 U.S.C. Disposition of Remains; OMB Control Secretary of the Commission. Chapter 35), DoD announces the Number 0704–0231. [FR Doc. 04–3790 Filed 2–20–04; 8:45 am] proposed extension of a public Needs and Uses: This requirement BILLING CODE 6351–01–M information collection requirement and provides for the collection of necessary seeks public comment on the provisions information from contractors regarding thereof. DoD invites comments on: (a) the results of the embalming process Whether the proposed collection of under contracts for mortuary services. CORPORATION FOR NATIONAL AND information is necessary for the proper COMMUNITY SERVICE The information is used to ensure performance of the functions of DoD, proper preparation of the body for Sunshine Act Notice including whether the information will shipment and burial. have practical utility; (b) the accuracy of Affected Public: Businesses or other The Corporation for National and the estimate of the burden of the for-profit and not-for-profit institutions. Community Service and the President’s proposed information collection; (c) Annual Burden Hours: 400. Council on Service and Civic ways to enhance the quality, utility, and Number of Respondents: 114.

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Responses Per Respondent: DEPARTMENT OF DEFENSE proposed amendments are not within Approximately 7. the purview of subsection (r) of the Department of the Army Annual Responses: 800. Privacy Act of 1974, (5 U.S.C. 552a), as amended, which requires the Average Burden Per Response: .5 Privacy Act of 1974; System of submission of a new or altered system hours. Records report. Frequency: On occasion. AGENCY: Department of the Army, DoD. Dated: February 13, 2004. Summary of Information Collection ACTION: Notice to amend systems of L.M. Bynum, records. Alternate OSD Federal Register Liaison The clause at DFARS 252.237–7011, Officer, Department of Defense. Preparation History, requires that the SUMMARY: The Department of the Army contractor submit information is proposing to amend three systems of A0001a US AHRC describing the results of the embalming records notices in its existing inventory SYSTEM NAME: process on each body prepared for of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as Office Visitor/Commercial Solicitor burial under a DoD contract. The Files (November 18, 2003, 68 FR 65045). contractor uses DD Form 2063 to amended. provide this information to the The first amendment consists of CHANGE: changing only the system identifier of Government. SYSTEM IDENTIFIER: ‘A0001a US AHRC’ to ‘A0001a AHRC’. Michele P. Peterson, The notice was last published on Replace entry with ‘A0001a AHRC’. Executive Editor, Defense Acquisition November 18, 2003, at 68 FR 65045. A0001a AHRC Regulations Council. The second amendment corrects an [FR Doc. 04–3701 Filed 2–20–04; 8:45 am] administrative error published on SYSTEM NAME: January 6, 2004, at 69 FR 811. The BILLING CODE 5001–08–P Office Visitor/Commercial Solicitor system identifier for ‘A0601–210 TAPC’ Files. was changed to ‘A0601–210 AHRC’. SYSTEM LOCATION: DEPARTMENT OF DEFENSE However, the rest of the entry was incorrect. The correct notice is Segments may be maintained at Department of the Army published below. Headquarters, Department of the Army, DATES: This proposed action will be staff, field operating agencies, Availability of Non-Exclusive, effective without further notice on commands, installations, and activities. Exclusive License or Partially March 24, 2004, unless comments are Official mailing addresses are published Exclusive Licensing of U.S. Patent received which result in a contrary as an appendix to the Army’s Concerning Method for the Purification determination. compilation of systems of records notices. and Aqueous Fiber Spinning of Spider ADDRESSES: Department of the Army, Silks and Other Structural Proteins Freedom of Information/Privacy Act CATEGORIES OF INDIVIDUALS COVERED BY THE Office, U.S. Army Records Management SYSTEM: AGENCY: Department of the Army, DoD. and Declassification Agency, ATTN: Visitors to Army installations/ ACTION: Notice. AHRC–PDD–FP, 7798 Cissna Road, activities and/or commercial solicitors Suite 205, Springfield, VA 22153–3166. who represent an individual, firm, SUMMARY: In accordance with 37 CFR FOR FURTHER INFORMATION CONTACT: Ms. corporation, academic institution, or Part 404.6, announcement is made of Janice Thornton at (703) 806–7137/DSN other enterprise involved in official or the availability for licensing of U.S. 656–7137. business transactions with the Patent No. US 6,620,917 B1 entitled SUPPLEMENTARY INFORMATION: The first Department of the Army and/or its ‘‘Method for the Purification and amendment consists of changing only elements. Aqueous Fiber Spinning of Spider Silks the system identifier of ‘A0001a US CATEGORIES OF RECORDS IN THE SYSTEM: and Other Structural Proteins’’ issued AHRC’ to ‘A0001a AHRC’. The notice Individual’s name, Social Security September 16, 2003. This patent has was last published on November 18, Number, name and address of firm been assigned to the United States 2003, at 68 FR 65045. represented, person/office visited, Government as represented by the The second amendment corrects an purpose of visit, status of individual as Secretary of the Army. administrative error published on regards past or present affiliation with January 6, 2004, at 69 FR 811. The the Department of Defense, and the FOR FURTHER INFORMATION CONTACT: Mr. system identifier for ‘A0601–210 TAPC’ Robert Rosenkrans at U.S. Army Soldier results of a law enforcement records was changed to ‘A0601–210 AHRC’. check. and Biological Chemical Command, However, the rest of the entry was Kansas Street, Natick, MA 01760, incorrect. The correct notice is AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Phone: (508) 233–4928 or E-mail: published below. 10 U.S.C. 3013, Secretary of the Army, [email protected]. The Department of the Army systems Army Regulation 210, Commercial of records notices subject to the Privacy Solicitation on Army Installations; and SUPPLEMENTARY INFORMATION: Any Act of 1974, (5 U.S.C. 55a), as amended, E.O. 9397 (SSN). licenses granted shall comply with 35 have been published in the Federal U.S.C. 209 and 37 CFR part 404. Register and are available from the PURPOSE(S): Luz D. Ortiz, address above. To provide information to officials of The specific changes to the records the Army responsible for monitoring/ Army Federal Register Liaison Officer. system being amended are set forth controlling visitor’s/solicitor’s status [FR Doc. 04–3825 Filed 2–20–04; 8:45 am] below followed by the notice, as and determining purpose of visit so as BILLING CODE 3710–08–M amended, published in its entirety. The to preclude conflict of interest.

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ROUTINE USES OF RECORDS MAINTAINED IN THE are contained in Army Regulation 340– ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND 21; 32 CFR part 505; or may be obtained SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: from the system manager. THE PURPOSES OF SUCH USES: In addition to those disclosures In addition to those disclosures generally permitted under 5 U.S.C. RECORD SOURCE CATEGORIES: generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records From the individual. 552a(b) of the Privacy Act, these records or information contained therein may or information contained therein may specifically be disclosed outside the EXEMPTIONS CLAIMED FOR THE SYSTEM: specifically be disclosed outside the DoD as a routine use pursuant to 5 None. DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: U.S.C. 552a(b)(3) as follows: The DoD ‘Blanket Routine Uses’ set A0601–210 AHRC The DoD ‘Blanket Routine Uses’ set forth at the beginning of the Army’s forth at the beginning of the Army’s compilation of systems of records SYSTEM NAME: compilation of systems of records notices also apply to this system. Army Recruiting Prospect System notices also apply to this system. (January 6, 2004, 69 FR 811). POLICIES AND PRACTICES FOR STORING, POLICIES AND PRACTICES FOR STORING, RETRIEVING ACCESSING RETAINING AND RETRIEVING, ACCESSING, RETAINING, AND CHANGES: , , , DISPOSING OF RECORDS IN THE SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: Delete everything after the System STORAGE: identifier, and replace with the notice STORAGE: Paper records in file folders. below. Paper records in file folders and on electronic storage media. RETRIEVABILITY: * * * * * RETRIEVABILITY: By name of visitor/solicitor. A0601–210 AHRC By Social Security Number and SAFEGUARDS: SYSTEM NAME: surname. Records are maintained in file cabinets with access limited to officials Eligibility Determination Files. SAFEGUARDS: Records are maintained in areas having need therefore. SYSTEM LOCATION: accessible only to properly cleared, RETENTION AND DISPOSAL: U.S. Army Human Resources trained, and authorized personnel. Retained for one year after which Command, Non-Commissioned Officer Records are in a secure office in a secure records are destroyed. In Charge of Eligibility Inquiries building. Section, 2461 Eisenhower Avenue, SYSTEM MANAGER(S) AND ADDRESS: Alexandria, VA 22331–0450. RETENTION AND DISPOSAL: Commander, United States Army Enlisted eligibility records are Human Resources Command, 200 CATEGORIES OF INDIVIDUALS COVERED BY THE destroyed upon reenlistment of Stovall Street, Alexandria, VA 22332– SYSTEM: individual. Inquiry records and other 0400. Applicants for enlistment who require related documents are maintained for 7 a waiver for an adult felony; soldiers years then destroyed. NOTIFICATION PROCEDURE: requesting continuation on active duty Individuals seeking to determine if who require waiver for certain SYSTEM MANAGER(S) AND ADDRESS: information about themselves is disqualifications. Commander, U.S. Army Human contained in this record system should Resources Command, 2461 Eisenhower address written inquires to the CATEGORIES OF RECORDS IN THE SYSTEM: Avenue, Alexandria, VA 22332–0400. commander/supervisor maintaining the File contains requests for enlistment information. Official mailing addresses NOTIFICATION PROCEDURE: eligibility or waiver of disqualifications Individuals seeking to determine if are published as an appendix to the for enlistment/reenlistment, requests for Army’s compilation of systems of information about themselves is grade determination, documents contained in this records system should records notices. reflecting determinations made thereon, Individual should provide the full address written inquiries to the U.S. copies or extracted items from basic Army Human Resources Command, name and other information verifiable records, transmittals, and suspense from the record itself. Eligibility Inquiries Section, Retention documents needed to assure that Management Division, Enlistment RECORD ACCESS PROCEDURES: requests are acted upon in a timely Personnel Management Directorate, Individuals seeking access to records manner. 2461 Eisenhower Avenue, Alexandria, about themselves contained in this AUTHORITY FOR MAINTENANCE OF THE SYSTEM: VA 22331–0451. record system should address written Individual should provide the full inquiries to the commander/supervisor 10 U.S.C. 504, Persons not Qualified; name, Social Security Number, date of maintaining the information. Official 10 U.S.C. 3013, Secretary of the Army; separation and service component, if mailing addresses are published as an Army Regulation 601–210, Regular applicable, current address and appendix to the Army’s compilation of Army and Army Reserve Enlisted telelphone number, and signature. systems of records notices. Program; Army Regulation 635–200, Individual should provide the full Enlisted Personnel; Army Regulation RECORD ACCESS PROCEDURES: name and other information verifiable 601–280, Army Retention Program and Individuals seeking access to records from the record itself. E.O. 9397 (SSN). about themselves contained in this record system should address written CONTESTING RECORD PROCEDURES: PURPOSE(S): inquiries to the U.S. Army Human The Army’s rules for accessing To evaluate waiver requests, Resources Command, Eligibility records, and for contesting contents and determine appropriate action and render Inquiries Section, Retention appealing initial agency determinations decision. Management Division, Enlistment

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Personnel Management Directorate, FOR FURTHER INFORMATION CONTACT: To were recommended to define the base 2461 Eisenhower Avenue, Alexandria, obtain additional information about the condition, analyze congestion problems, VA 22331–0451. proposed project, contact Mr. Mark D. determine system benefits, and examine Individual should provide the full Kessinger, phone: (304) 399–5083. environmental impacts. The feasibility name, Social Security Number, date of Electronic mail: study was initiated in 1993 and separation and service component, if [email protected]. narrowly focused on investigating a applicable, current address and SUPPLEMENTARY INFORMATION: None. long-term solution to meet increased telephone number, and signature. navigation demands and reduction of Luz D. Ortiz, delays to commercial traffic caused by CONTESTING RECORD PROCEDURES: Army Federal Register Liaison Officer. a congested system and associated The Army’s rule for accessing records, [FR Doc. 04–3827 Filed 2–20–04; 8:45 am] environmental impacts. Study and for contesting contents and BILLING CODE 3710–GM–M documentation for public review, other appealing initial agency determinations than supporting technical reports, was are contained in Army Regulation 340– never completed. 21; 32 CFR part 505; or may be obtained DEPARTMENT OF DEFENSE 2. The Chief of Engineers paused the from the system manager. study in 2001 and formed the Federal RECORD SOURCE CATEGORIES: Department of the Army; Corps of Principals Task Force to help define a Engineers new direction. The study was restarted From the individual, official military in August 2001 under restructuring personnel records; investigative/security Intent To Prepare a Draft Programmatic guidance formulated in consideration of dossiers; medical evaluations; Army Environmental Impact Statement for comments received from the National records and reports. the Upper Mississippi River—Illinois Research Council (NRC) and from the EXEMPTIONS CLAIMED FOR THE SYSTEM: Waterway System Navigation Study Federal Principals Task Force. The pause allowed the Corps of Engineers to None. AGENCY: Department of the Army, U.S. [FR Doc. 04–3769 Filed 2–20–04; 8:45 am] Army Corps of Engineers, DoD. revise the project study plan to address the recommendations of the NRC BILLING CODE 5001–06–M ACTION: Notice of intent. review, as well as establish regional- SUMMARY: A Draft Programmatic and Washington-level interagency DEPARTMENT OF DEFENSE Environmental Impact Statement collaboration forums to help guide the (DPEIS) will be prepared to address the future direction of the study. The Department of the Army; Corps of restructured Upper Mississippi River— restructured study will address the Engineers Illinois Waterway System Navigation cumulative environmental effects of Study. This is a modification of the navigation and the needs for ecosystem Availability of the Draft Environmental notice of intent posted in the Federal restoration, providing a balanced Impact Statement for the Pike County, Register on November 27, 1995 (60 FR consideration of fish and wildlife KY (Levisa Fork Basin), Section 202 58339). resources, along with navigation Project improvement planning. The feasibility FOR FURTHER INFORMATION CONTACT: study will ensure the waterway system AGENCY: Department of the Army, Army Questions about the proposed action continues to be a nationally treasured Corps of Engineers, DoD. and Draft Environmental Impact ecological resource as well as an Statement can be answered by Mr. ACTION: Extension of comment period. efficient national transportation system Kenneth Barr by telephone (309) 794– SUMMARY: The Corps of Engineers is by seeking ways to: 5349, or by mail: Commander, U.S. • Provide an efficient National extending the comment period for the Army Engineer District, Rock Island Draft Environmental Impact Statement Navigation System; (ATTN: CEMVR–PM–A), Clock Tower • Achieve an environmentally and (DEIS) for the Pike County, Kentucky Building, P.O. Box 2004, Rock Island, IL economically sustainable system; (Levisa Fork Basin), section 202 project 61204–2004. • Address ecosystem and floodplain published in the Federal Register, SUPPLEMENTARY INFORMATION: The management needs related to February 6, 2004 (69 FR 5842). This restructured Upper Mississippi River— navigation; extension will provide interested Illinois Waterway System Navigation • Operate and maintain the system to persons with additional time to prepare Study (Navigation Study, study) is being ensure economic, environmental, and comments on the draft. conducted under the authority of social sustainability. DATES: Consideration will be given only section 216 of the Flood Control Act of 3. The feasibility study is evaluating to comments that are received on or 1970. The 9-Foot Channel Navigation both large- and small-scale measures before April 5, 2004. Project, originally authorized in 1930, is that could be implemented to reduce ADDRESSES: Send written comments and being reviewed for changed physical, commercial traffic delays and restore, suggestions concerning this proposed economic, and environmental protect, or preserve essential structures project to S. Michael Worley, PM–PD, conditions that may warrant structural and functions of the natural ecosystem. U.S. Army Corps of Engineers, or non-structural modifications to Navigation improvement measures Huntington District, 502 Eighth Street, reduce congestion of commercial being evaluated include both structural Huntington, WV 25701–2070. navigation traffic and to enhance and non-structural measures. Structural Telephone: (304) 399–5636 or fax: (304) ecosystem restoration. measures include extending the length 399–5136. Requests for copies of the 1. The initial reconnaissance studies of existing locks, constructing new locks DEIS or to be placed on the mailing list concluded that there was sufficient and moorings (tie-off facilities that should also be sent to this address. evidence to suggest there was a Federal allow a waiting tow to wait closer to the Submit electronic comments in ASCII, interest in conducting more detailed lock chamber). Non-structural measures Microsoft Word, or Word Perfect file investigations relating to the issue of include scheduling and congestion fee format to need and benefits of navigation systems for traffic management and [email protected]. improvements. Specific investigations switchboats (hired vessels permanently

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stationed on both upstream and DEPARTMENT OF DEFENSE RECORD SOURCE CATEGORIES: downstream sides of the lock to assist Delete entry and replace with ‘Aircraft and speed up the lock process). The Department of the Navy reporting custodian; Navy and Marine study is also evaluating ecosystem Corps pilots and enlisted aircrew Privacy Act of 1974; System of restoration measures that include island members; and Individual Flight Activity Records building, fish passage structures at locks Reporting System (IFARS) database.’ and dams, floodplain restoration, water- AGENCY: Department of the Navy, DoD. * * * * * level management, backwater ACTION: Notice to amend a system for NM03760–1 restoration, side channel restoration, records. wing dam/dike alteration, island SYSTEM NAME: protection, shoreline protection, and SUMMARY: The Department of the Navy is amending a system of records notice Naval Flight Record Subsystem increased topographic diversity of the (NAVFLIRS). floodplain. An adaptive management in its existing inventory of records framework for integrated system systems subject to the Privacy Act of SYSTEM LOCATION: management is also being evaluated. 1974, (5 U.S.C. 552a), as amended. Primary database is maintained at the Combinations of these measures, along DATES: This proposed action will be Naval Air Systems Command (Code AIR with the ‘no action’ alternative, are effective without further notice on 3.6.2.3), 47056 Mcleod Road, Building being evaluated to form an array of March 24, 2004, unless comments are 447, Patuxent River, MD 20670–21626. alternatives that would eventually result received which result in a contrary Secondary database is maintained at in a recommended dual-purpose plan. determination. the Naval Safety Center, 375 A Street, Norfolk, VA 23511–4399. Local An interim study report, whose ADDRESSES: Send comments to Department of the Navy, PA/FOIA databases are maintained at Navy and contents include the restructuring Marine Corps aviation activities. philosophy of sustainability, brief Policy Branch, Chief of Naval Operations, N09B10, 2000 Navy problem assessments, preliminary CATEGORIES OF INDIVIDUALS COVERED BY THE Pentagon, Washington, DC 20350–2000. scenario evaluation, descriptions of SYSTEM: potential measures, and a discussion of FOR FURTHER INFORMATION CONTACT: Mrs. All aeronautically designated implementation issues, was completed Doris Lama at (202) 685–6545 or DSN commissioned Navy and Marine Corps in July 2002 and provided a ‘blueprint’ 325–6546. Officers and enlisted members assigned for moving forward. Further economic SUPPLEMENTARY INFORMATION: The as aircrew members in the operation of and environmental data collection and Department of the Navy systems of an aircraft in accordance with the evaluations have been completed since records notices subject to the Privacy direction of competent authority. then. Act of 1974, (5 U.S.C. 552a), as amended, have been published in the CATEGORIES OF RECORDS IN THE SYSTEM: 4. Stakeholders voiced many issues Federal Register and are available from Reports of each flight submitted to the and concerns during the scoping for the the address above. custodian of the aircraft. Records original study, conducted formally in The specific changes to the records contain personal identification (name, 1994. The NRC and Federal Principles system being amended are set forth rank, Social Security Number), and Task Force echoed many of the concerns below followed by the notices, as specific technical data related to the in their reviews and statements. The amended, published in their entirety. flight of naval aircraft. emphasis in the restructured study on The proposed amendments are not AUTHORITY FOR MAINTENANCE OF THE SYSTEM: collaboration and a more within the purview of subsection (r) of 10 U.S.C. 5013, Secretary of the Navy; comprehensive, holistic consideration the Privacy Act of 1974, (5 U.S.C. 552a), 10 U.S.C. 5041, Headquarters, Marine of the multiple uses of the Upper as amended, which requires the Corps; and E.O. 9397 (SSN). Mississippi River system aims to submission of a new or altered system address these issues and concerns. report. PURPOSE(S): Existing coordination bodies, such as Dated: February 13, 2004. Naval Flight Record Subsystem the environmental, economic, L.M. Bynum, consolidates the collection of naval engineering, and ‘‘Governor’s Liaison’’ Alternate OSD Federal Register Liaison flight data into a single, locally committees have been influential Officer, Department of Defense. controlled collection and correction throughout the study. Public system, and implements a standard data involvement has included newsletter N03760–1 collection source document (the Naval distribution to a mailing list of SYSTEM NAME: Flight Record OPNAV 3710/4) approximately 9,300 persons, a toll-free Naval Flight Record Subsystem throughout the Navy and Marine Corps. information phone line, and a Web site (NAVFLIRS) (February 8, 2000, 65 FR It further establishes a single control http://www2.mvr.usace.army.mil/umr- 6184). database containing all naval flight data. iwwsns/. Since the restructuring of the ROUTINE USES OF RECORDS MAINTAINED IN THE CHANGES: study, public meetings were held in SYSTEM, INCLUDING CATEGORIES OF USERS AND March 2002 and October 2003. SYSTEM IDENTIFIER: THE PURPOSES OF SUCH USES: 5. A final study report and DPEIS are Replace entry with ‘NM03760 1.–1 In addition to those disclosures anticipated to be completed in April * * * * * generally permitted under 5 U.S.C. 2004. 552a(b) of the Privacy Act, these records AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Dated: February 2, 2004. or information contained therein may Delete entry and replace with ‘10 specifically be disclosed outside the Duane P. Gapinski, U.S.C. 5013, Secretary of the Navy; 10 DoD as a routine use pursuant to 5 Colonel, EN, Commanding. U.S.C. 5041, Headquarters, Marine U.S.C. 552a(b)(3) as follows: [FR Doc. 04–3826 Filed 2–20–04; 8:45 am] Corps; and E.O. 9397 (SSN).’ The DoD ‘Blanket Routine Uses’ that BILLING CODE 3710–HV–M * * * * * appear at the beginning of the Navy’s

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compilation of systems of records Instruction 5211.5; 32 CFR part 701; or Dated: February 13, 2004. notices apply to this system. may be obtained from the system L.M. Bynum manager. Alternate OSD Federal Register Liaison POLICIES AND PRACTICES FOR STORING, Officer, Department of Defense. RETRIEVING, ACCESSING, RETAINING, AND RECORD SOURCE CATEGORIES: DISPOSING OF RECORDS IN THE SYSTEM: N05000–1 STORAGE: Aircraft reporting custodian; Navy and Marine Corps pilots and enlisted SYSTEM NAME: Automated records. aircrew members; and Individual Flight General Correspondence Files (May 9, RETRIEVABILITY: Activity Reporting System (IFARS) 2003, 68 FR 24959). Individual records are primarily database. retrieved by a unique document number CHANGES: EXEMPTIONS CLAIMED FOR THE SYSTEM: assigned to each naval flight record. SYSTEM IDENTIFIER: Additionally, each of the data elements None. Delete entry and replace with such as pilots’ Social Security Number, ‘NM5000–1’. model aircraft and squadron may be [FR Doc. 04–3767 Filed 2–20–04; 8:45 am] used to retrieve individual records. BILLING CODE 5001–06–M * * * * *

SAFEGUARDS: SYSTEM LOCATION: Automated records are password DEPARTMENT OF DEFENSE Delete the first paragraph and replace protected and access limited to with ‘Organizational elements of the personnel with an official need to know. Department of the Navy Department of the Navy. Official mailing addresses are published in the RETENTION AND DISPOSAL: Privacy Act of 1974; System of Standard Navy Distribution List that is Primary and secondary database at the Records available at http://neds.nebt.daps.mil/ Naval Safety Center are permanent. sndl.htm.’ AGENCY: Department of the Navy, DoD. Records in the secondary database at * * * * * Headquarters, U.S. Marine Corps are ACTION: Notice to amend systems of erased from tape when the individual is records. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: removed from active flight status. Local Delete entry and replace with ‘10 databases purge all magnetic tape SUMMARY: The Department of the Navy U.S.C. 5013, Secretary of the Navy; 10 records after six months. is amending three systems of records U.S.C. 5041, Headquarters, Marine Corp; SYSTEM MANAGER(S) AND ADDRESS: notices in its existing inventory of and E.O. 9397 (SSN).’ records systems subject to the Privacy Commander, Naval Air Systems * * * * * Act of 1974, (5 U.S.C. 552a), as Command (AIR 3.6.2.3), 47056 Mcleod amended. NM05000–1 Road, Building 447, Patuxent River, MD 20670–1626. DATES: This proposed action will be SYSTEM NAME: NOTIFICATION PROCEDURE: effective without further notice on General Correspondence Files. March 24, 2004, unless comments are Individuals seeking to determine received which result in a contrary SYSTEM LOCATION: whether information about themselves determination. Organizational elements of the is contained in this system should Department of the Navy. Official address written inquiries to the ADDRESSES: Send comments to mailing addresses are published in the Commander, Naval Air Systems Department of the Navy, PA/FOIA Standard Navy Distribution List that is Command (AIR 3.6.2.3), 47056 Mcleod Policy Branch, Chief of Naval available at http://neds.nebt.daps.mil/ Road, Building 447, Patuxent River, MD Operations, N09B10, 2000 Navy sndl.htm. 20670–1626. Pentagon, Washington, DC 20350–2000. The request should contain full name, Commander, U.S. Joint Forces Social Security Number, squadron FOR FURTHER INFORMATION CONTACT: Mrs. Command, 1562 Mitscher Avenue, Suite assigned, and address of the individual Doris Lama at (202) 685–6545 or DSN 200, Norfolk, VA 23551–2488. concerned and should be signed. 325–6545. Commander, U.S. Pacific Command, P.O. Box 64028, Camp H. M. Smith, HI Personal visitors will be required to SUPPLEMENTARY INFORMATION: The 96861–4028. produce military or comparable civilian Department of the Navy systems of identification cards. records notices subject to the Privacy CATEGORIES OF INDIVIDUALS COVERED BY THE RECORD ACCESS PROCEDURES: Act of 1974, (5 U.S.C. 552a), as SYSTEM: amended, have been published in the Individuals seeking access to Individuals who have initiated Federal Register and are available from correspondence with the Department of information about themselves contained the address above. in this system should address written the Navy. inquiries to the Commander, Naval Air The specific changes to the records CATEGORIES OF RECORDS IN THE SYSTEM: Systems Command (AIR 3.6.2.3), 47056 systems being amended are set forth Mcleod Road, Building 447, Patuxent below followed by the notices, as Incoming correspondence which may River, MD 20670–1626. amended, published in their entirety. include name, address, telephone The proposed amendments are not number, organization, date of birth, and CONTESTING RECORD PROCEDURES: within the purview of subsection (r) of Social Security Number of The Navy’s rules for accessing the Privacy Act of 1974, (5 U.S.C. 552a), correspondent and supporting records, and for contesting contents and as amended, which requires the documentation. Files also contain copy appealing initial agency determinations submission of a new or altered system of response letter and documentation are published in Secretary of the Navy report. required to prepare the response.

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AUTHORITY FOR MAINTENANCE OF THE SYSTEM: or received a response. Request must be SYSTEM LOCATION: 10 U.S.C. 5013, Secretary of the Navy; signed. Organizational elements of the 10 U.S.C. 5041, Headquarters, Marine Department of the Navy. Official RECORD ACCESS PROCEDURES: Corp; and E.O. 9397 (SSN). mailing addresses are published in the Individuals seeking access to records Standard Navy Distribution List that is PURPOSE(S): about themselves contained in this available at http://neds.nebt.daps.mil/ To maintain a record of system of records should address sndl.htm. correspondence received and responses written inquiries to the commanding Commander, U.S. Joint Forces made. officer of the activity in question. Command, 1562 Mitscher Avenue, Suite ROUTINE USES OF RECORDS MAINTAINED IN THE Official mailing addresses are published 200, Norfolk, VA 23551–2488. SYSTEM, INCLUDING CATEGORIES OF USERS AND in the Standard Navy Distribution List Commander, U.S. Pacific Command, THE PURPOSES OF SUCH USES: that is available at http:// P.O. Box 64028, Camp H.M. Smith, HI In addition to those disclosures neds.nebt.daps.mil/sndl.htm. 96861–4028. generally permitted under 5 U.S.C. The request should contain full name CATEGORIES OF INDIVIDUALS COVERED BY THE 552a(b) of the Privacy Act, these records and date individual wrote to the activity SYSTEM: or information contained therein may or received a response. Request must be specifically be disclosed outside the signed. All civilian, (including former DoD as a routine use pursuant to 5 members and applicants for civilian CONTESTING RECORD PROCEDURES: U.S.C. 552a(b)(3) as follows: employment), military and contract The DoD ‘Blanket Routine Uses’ that The Navy’s rules for accessing employees. records, and for contesting contents and appear at the beginning of the Navy’s CATEGORIES OF RECORDS IN THE SYSTEM: compilation of systems notices apply to appealing initial agency determinations Records and correspondence needed this system. are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or to manage personnel and projects, such POLICIES AND PRACTICES FOR STORING, may be obtained from the system as Name, Social Security Number, date RETRIEVING, ACCESSING, RETAINING, AND manager. of birth, photo id, grade and series or DISPOSING OF RECORDS IN THE SYSTEM: rank/rate, etc., of personnel; location STORAGE: RECORD SOURCE CATEGORIES: (assigned organization code and/or work Paper and automated records. Individual concerned and records center code); MOS; labor code; collected by the activity to respond to payments for training, travel advances RETRIEVABILITY: the request. and claims, hours assigned and worked, Name, organization, and date of routine and emergency assignments, correspondence. EXEMPTIONS CLAIMED FOR THE SYSTEM: functional responsibilities, clearance, None. access to secure spaces and issuance of SAFEGUARDS: keys, educational and experience Access is provided on need-to-know N05000–2 characteristics and training histories, basis only. Manual records are SYSTEM NAME: travel, retention group, hire/termination maintained in file cabinets under the dates; type of appointment; leave; trade, control of authorized personnel during Administrative Personnel vehicle parking, disaster control, working hours. The office space in Management System (May 9, 2003, 68 community relations, (blood donor, which the file cabinets are located is FR 24959). etc.), employee recreation programs; locked outside of official working hours. CHANGES: retirement category; awards; Computer terminals are located in biographical data; property custody; supervised areas. Access to SYSTEM IDENTIFIER: personnel actions/dates; violations of computerized data is controlled by Delete entry and replace with rules; physical handicaps and health/ password or other user code system. ‘NM5000–2’. safety data; veterans preference; postal RETENTION AND DISPOSAL: address; location of dependents and SYSTEM LOCATION: Retained for two years and then next of kin and their addresses; mutual Delete first paragraph and replace destroyed. aid association memberships; union with ‘Organizational elements of the memberships; qualifications; SYSTEM MANAGER(S) AND ADDRESS: Department of the Navy. Official computerized modules used to track Commanding officer of the activity in mailing addresses are published in the personnel data; and other data needed question. Official mailing addresses are Standard Navy Distribution List that is for personnel, financial, line, safety and published in the Standard Navy available at http://neds.nebt.daps.mil/ security management, as appropriate. Distribution List that is available at sndl.htm.’ http://neds.nebt.daps.mil/sndl.htm. * * * * * AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 10 U.S.C. 5013, Secretary of the Navy; NOTIFICATION PROCEDURE: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 10 U.S.C. 5041, Headquarters, Marine Individuals seeking to determine Delete entry and replace with ‘10 Corps; and E.O. 9397 (SSN). whether this system of records contains U.S.C. 5013, Secretary of the Navy; 10 PURPOSE(S): information about themselves should U.S.C. 5041, Headquarters, Marine address written inquiries to the Corps; and E.O. 9397 (SSN).’ To manage, supervise, and administer programs for all Department of the Navy commanding officer of the activity in * * * * * question. Official mailing addresses are civilian and military personnel such as published in the Standard Navy NM05000–2 preparing rosters/locators; contacting Distribution List that is available at appropriate personnel in emergencies; http://neds.nebt.daps.mil/sndl.htm. SYSTEM NAME: training; identifying routine and special The request should contain full name Administrative Personnel work assignments; determining and date individual wrote to the activity Management System. clearance for access control; record

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handlers of hazardous materials; record information about themselves should AUTHORITY FOR MAINTENANCE OF THE SYSTEM: rental of welfare and recreational address written inquiries to the Delete entry and replace with ‘10 equipment; track beneficial suggestions commanding officer of the activity in U.S.C. 5013, Secretary of the Navy; 10 and awards; controlling the budget; question. Official mailing addresses are U.S.C. 5041, Headquarters, Marine travel claims; manpower and grades; published in the Standard Navy Corps; and E.O. 9397 (SSN).’ maintaining statistics for minorities; Distribution List that is available at * * * * * employment; labor costing; watch bill http://neds.nebt.daps.mil/sndl.htm. preparation; projection of retirement The request should include full name, NM05000–3 losses; verifying employment to Social Security Number, and address of SYSTEM NAME: requesting banking; rental and credit the individual concerned and should be organizations; name change location; signed. Organization Locator and Social checklist prior to leaving activity; Roster. RECORD ACCESS PROCEDURES: payment of mutual aid benefits; safety SYSTEM LOCATOR: reporting/monitoring; and, similar Individuals seeking access to records Organizational elements of the administrative uses requiring personnel about themselves contained in this Department of the Navy. Official data. Arbitrators and hearing examiners system of records should address mailing addresses are published in the in civilian personnel matters relating to written inquiries to the commanding Standard Navy Distribution List that is civilian grievances and appeals. officer of the activity in question. Official mailing addresses are published available at http://neds.nebt.daps.mil/ ROUTINE USES OF RECORDS MAINTAINED IN THE in the Standard Navy Distribution List sndl.htm. SYSTEM, INCLUDING CATEGORIES OF USERS AND that is available at http:// Commander, U.S. Joint Forces THE PURPOSES OF SUCH USES: neds.nebt.daps.mil/sndl.htm. Command, 1562 Mitscher Avenue, Suite In addition to those disclosures The request should include full name, 200, Norfolk, VA 23551–2488. generally permitted under 5 U.S.C. Social Security Number, and address of Commander, U.S. Pacific Command, 552a(b) of the Privacy Act, these records the individual concerned and should be P.O. Box 64028, Camp H.M. Smith, HI or information contained therein may signed. 96861–4028. specifically be disclosed outside the CATEGORIES OF INDIVIDUALS COVERED BY THE DoD as a routine use pursuant to 5 CONTESTING RECORD PROCEDURES: SYSTEM: U.S.C. 552a(b)(3) as follows: The Navy’s rules for accessing Military and civilian personnel The DoD ‘Blanket Routine Uses’ that records, and for contesting contents and attached to the activity, Departments of appear at the beginning of the Navy’s appealing initial agency determinations the Navy and Defense, or other compilation of systems of records are published in Secretary of the Navy government agencies; family members; notices apply to this system. Instruction 5211.5; 32 CFR part 701; or and guests or other invitees. POLICIES AND PRACTICES FOR STORING, may be obtained from the system RETRIEVING, ACCESSING, RETAINING, AND manager. CATEGORIES OF RECORDS IN THE SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: RECORD SOURCE CATEGORIES: Manual or mechanized records. Includes information such as names, STORAGE: Individual, employment papers, and addresses, telephone numbers; official Paper and automated records. other records of the organization, titles or positions and organizations; official personnel jackets, supervisors, RETRIEVABILITY: invitations, acceptances, regrets, official travel orders, educational protocol, and other information Name, Social Security Number, institutions, applications, duty officer, associated with attendants at functions. employee badge number, case number, investigations, OPM officials, and/or Locator records of personnel attached to organization, work center and/or job members of the American Red Cross. order, supervisor’s shop and code. the organization. EXEMPTIONS CLAIMED FOR THE SYSTEM: SAFEGUARDS: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: None. Password controlled system, file, and 10 U.S.C. 5013, Secretary of the Navy; element access based on predefined N05000–3 10 U.S.C. 5041, Headquarters, Marine need-to-know. Physical access to Corps; and E.O. 9397 (SSN). terminals, terminal rooms, buildings SYSTEM NAME: PURPOSE(S): and activities’ grounds are controlled by Organization Locator and Social locked terminals and rooms, guards, Roster (May 9, 2003, 68 FR 24959). To notify personnel of arrival of personnel screening and visitor visitors; recall personnel to duty station CHANGES: registers. when required; locate individuals on SYSTEM IDENTIFIER: routine matters; provide mail RETENTION AND DISPOSAL: Delete entry and replace with distribution and forwarding addresses; Destroy when no longer needed or ‘NM05000–3’. compile a social roster for official and after two years, whichever is later. non-official functions; send personal * * * * * greetings and invitations; and locate SYSTEM MANAGER(S) AND ADDRESS: SYSTEM LOCATION: individuals during medical Commanding officer of the activity in Delete first paragraph and replace emergencies, facility evacuations, and question. Official mailing addresses are similar threat situations. published in the Standard Navy with ‘Organizational elements of the Distribution List that is available at Department of the Navy. Official ROUTINE USES OF RECORDS MAINTAINED IN THE http://neds.nebt.daps.mil/sndl.htm. mailing addresses are published in the SYSTEM, INCLUDING CATEGORIES OF USERS AND Standard Navy Distribution List that is THE PURPOSES OF SUCH USES: NOTIFICATION PROCEDURE: available at http://neds.nebt.daps.mil/ In addition to those disclosures Individuals seeking to determine sndl.htm. generally permitted under 5 U.S.C. whether this system of records contains * * * * * 552a(b) of the Privacy Act, these records

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or information contained therein may RECORD SOURCE CATEGORIES: Estuary; discussion about a proposal to specifically be disclosed outside the Individual and records of the activity. modify provisions of Resolution No. DoD as a routine use pursuant to 5 2002–33 relating to the operation of EXEMPTIONS CLAIMED FOR THE SYSTEM: U.S.C. 552a(b)(3) as follows: Lake Wallenpaupack during drought The DoD ‘Blanket Routine Uses’ that None. watch, drought warning and drought appear at the beginning of the Navy’s [FR Doc. 04–3768 Filed 2–20–04; 8:45 am] conditions; and proposed DRBC compilation of systems of records BILLING CODE 5001–06–M rulemakings in 2004. notices apply to this system. The subjects of the public hearing to be held during the 1:30 p.m. business POLICIES AND PRACTICES FOR STORING, meeting on March 3 include the dockets RETRIEVING, ACCESSING, RETAINING, AND DELAWARE RIVER BASIN listed below: DISPOSING OF RECORDS IN THE SYSTEM: COMMISSION 1. Plumstead Township D–92–76 CP STORAGE: Notice of Commission Meeting and RENEWAL. An application for the Manual and automated records. Public Hearing renewal of a ground water withdrawal project to continue withdrawal of 2.58 RETRIEVABILITY: Notice is hereby given that the million gallons (mg)/30 days to supply Name, Social Security Number, and/ Delaware River Basin Commission will the applicant’s public water supply or organization code. hold an informational meeting and distribution system from existing Wells public hearing on Tuesday, March 2, SAFEGUARDS: Nos. NB–2, NB–3, and DR–1 in the 2004 and an informal conference Stockton and Lockatong Formations. Documents are marked ‘FOR followed by a public hearing on OFFICIAL USE ONLY—PRIVACY The project is located in the North Wednesday, March 3, 2004. The subject Branch Neshaminy Creek and the Pine SENSITIVE’ and are only distributed to of the informational meeting and those persons having an official need to Run Watersheds, Plumstead Township, hearing on March 2 will be a proposed Bucks County and located in the know. Computerized records are ‘‘Resolution to Establish an password protected and only accessible Southeastern Pennsylvania Ground Experimental Augmented Conservation Water Protected Area. by those persons with an official need Release Program for the New York City to know. 2. Avondale Borough Sewer Authority Delaware Basin Reservoirs for the D–2000–66 CP. An application to RETENTION AND DISPOSAL: Period from May 1, 2004 through May upgrade and expand the applicant’s 0.3 Records are destroyed upon update of 31, 2007.’’ The hearing on March 3 will million gallons per day (mgd) secondary roster to add/delete individuals who be part of the Commission’s regular sewage treatment plant (STP) to provide have arrived/departed the organization. business meeting. The meetings and advanced secondary treatment of 0.5 hearings on March 2 and 3 are open to mgd. Located on the east bank of Indian SYSTEM MANAGER(S) AND ADDRESS: the public and will be held at the PPL Run, approximately 300 feet upstream Commanding officer of the activity in Lake Wallenpaupack Environmental of its confluence with the East Branch question. Official mailing addresses are Learning Center in Hawley, White Clay Creek in the Borough of published in the Standard Navy Pennsylvania. Avondale, Chester County, Distribution List that is available at The informational meeting and Pennsylvania, the STP will continue to http://neds.nebt.daps.mil/sndl.htm. hearing on March 2 will begin at 2 p.m. serve the Borough of Avondale and The informational meeting will be NOTIFICATION PROCEDURE: portions of New Garden Township, both devoted to a presentation and question- in Chester County, Pennsylvania. Individuals seeking to determine and-answer session. This meeting will Treated effluent will continue to whether this system of records contains last no more than one-and-one-half discharge to Indian Run in the Christina information about themselves should hours and will not become a part of the River Watershed. address written inquiries to the Commission’s decision-making record. 3. Upper Gwynedd-Towamencin commanding officer of the activity in The hearing will begin no later than Municipal Authority D–2002–29 CP. An question. Official mailing addresses are 3:30 p.m. and will consist of oral application to rerate a 6.5 mgd STP to published in the Standard Navy testimony for the record. No responses 7.3 mgd while continuing to provide Distribution List that is available at to the oral testimony will be offered at advanced secondary treatment. The http://neds.nebt.daps.mil/sndl.htm. the hearing. Written comment on the plant is located on Kriebel Road in RECORD ACCESS PROCEDURES: proposal will be accepted through Towamencin Township, Montgomery Individuals seeking access to records March 19. Instructions for submitting County, Pennsylvania near the northern about themselves contained in this written comment are provided at the tip of Worcester Township. The existing system of records should address end of this notice. The proposed plant will continue to serve portions of written inquiries to the commanding resolution is posted on the Upper Gwynedd, Hatfield and officer of the activity in question. Commission’s web site, http:// Towamencin Townships. No new Official mailing addresses are published www.drbc.state.nj.us. development is proposed, but the in the Standard Navy Distribution List The March 3 conference among the increased flow will enable the applicant that is available at http:// commissioners and staff will begin at 10 to meet discharge permit objectives, neds.nebt.daps.mil/sndl.htm. a.m. Topics of discussion will include: while an infiltration and inflow (I&I) An update on development of the Water reduction program is being CONTESTING RECORD PROCEDURES: Resources Plan for the Delaware River implemented. STP effluent will The Navy’s rules for accessing Basin; an update on PCB TMDL matters, continue to be discharged to records, and for contesting contents and including activities of the TMDL Towamencin Creek, a tributary of appealing initial agency determinations Implementation Advisory Committee, Skippack Creek in the Schuylkill River are published in Secretary of the Navy development of a PCB minimization Watershed. Instruction 5211.5; 32 CFR part 701; or planning program, and a report on the 4. Pennsylvania Suburban Water may be obtained from the system status of the budget for the Stage 2 Company D–2003–33 CP. An manager. TMDLs for PCBs in the Delaware application to transfer up to 0.5 million

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gallons per day (mgd) (15 mg/30 days) Americans with Disabilities Act who preliminary report from the Panel of potable water from Downingtown wish to attend the informational dealing with the process for setting Municipal Authority (DMUA) to the meeting, conference session or hearings program priorities is also scheduled. applicant’s distribution system via a should contact the Commission Tentative Agenda: proposed interconnection. DMUA has secretary directly at 609–883–9500 ext. Monday, March 29, 2004. adequate capacity to meet the 203 or through the Telecommunications • Office of Science Perspective; • applicant’s needs within their existing Relay Services (TRS) at 711, to discuss Office of Fusion Energy Sciences 2.5 mgd water allocation from the East Perspective; how the Commission may accommodate • Branch Brandywine Creek, as supported your needs. Final report from the Workforce Development Panel; by releases from Marsh Creek Reservoir. Written comment on the Proposed • The project 0.5 mgd water transfer Resolution to Establish an Experimental Final report from the Committee of represents an alternative to and is Augmented Conservation Release Visitors—Theory and Computations Program; proposed in lieu of the use of water Program for the New York City • supply from the applicant’s previously Delaware Basin Reservoirs for the Final report from the Inertial Fusion Energy Review Panel; approved Cornog Quarry project Period from May 1, 2004 through May • (approved under DRBC Docket No. D– Public comments. 31, 2007 will be accepted through Tuesday, March 30, 2004. 98–11 CP on April 3, 2002). The March 19, 2004. Comment may be • Preliminary report from the Panel proposed docket will consolidate all the submitted by e-mail to: Dealing with the Process for Setting applicant’s sources in the UGS Northern [email protected] or by Program Priorities; Division distribution system, including U.S. Mail to: Fisheries Docket, Delaware • ITER Project Status. those previously approved under River Basin Commission, P.O. Box 7360, Public Participation: The meeting is Dockets Nos. D–98–11 CP and D–2002– West Trenton, NJ 08628–0360. Please do open to the public. If you would like to 5 CP, including the use of Kay Wells B not send comments for the record file a written statement with the and C on other than a seasonal basis. As directly to staff members or Committee, you may do so either before a condition for approval of this docket, commissioners. or after the meeting. If you would like Dockets Nos. D–98–11 CP and D–2002– Dated: February 17, 2004. to make oral statements regarding any of 5 CP will be rescinded. The project will Pamela M. Bush, the items on the agenda, you should serve portions of East Brandywine, West contact Albert L. Opdenaker at 301– Brandywine and Caln Townships, all Commission Secretary. [FR Doc. 04–3792 Filed 2–20–04; 8:45 am] 903–8584 (fax) or located in Chester County, [email protected] (e- BILLING CODE 6360–01–P Pennsylvania. mail). You must make your request for 5. East Rockhill Township D–2004–5 an oral statement at least 5 business CP. An application for approval of a days before the meeting. Reasonable ground water withdrawal project to DEPARTMENT OF ENERGY supply up to 5.47 mg/30 days of water provision will be made to include the for supplemental irrigation of the Office of Science; Fusion Energy scheduled oral statements on the applicant’s proposed golf course from Sciences Advisory Committee agenda. The Chairperson of the Committee will conduct the meeting to new Wells Nos. PW–1, PW–2 and PW– AGENCY: Department of Energy. 3 located in the Brunswick and facilitate the orderly conduct of ACTION: Notice of open meeting. Lockatong Formations, and to limit the business. Public comment will follow the 10-minute rule. existing withdrawal from all wells to SUMMARY: This notice announces a 5.47 mg/30 days. The project is located Minutes: We will make the minutes of meeting of the Fusion Energy Sciences this meeting available for public review in the Tohickon-Three Mile Run Advisory Committee. The Federal Watershed in East Rockhill Township, and copying within 30 days at the Advisory Committee Act (Pub. L. 92– Freedom of Information Public Reading Bucks County located in the 463, 86 Stat. 770) requires that public Southeastern Pennsylvania Ground Room, IE–190, Forrestal Building, 1000 notice of these meetings be announced Independence Avenue, SW., Water Protected Area. in the Federal Register. The Commission’s 1:30 p.m. business Washington, DC, between 9 a.m. and 4 DATES: Monday, March 29, 2004, 9 a.m. meeting on March 3 also will include: p.m., Monday through Friday, except to 6 p.m.; Tuesday, March 30, 2004, 9 adoption of the Minutes of the January Federal holidays. a.m. to 12 noon. 21, 2004 business meeting; Issued in Washington, DC on February 18, announcements; a report on Basin ADDRESSES: The Marriott Gaithersburg 2004. hydrologic conditions; a report by the Washingtonian Center, 9751 Rachel M. Samuel, Washingtonian Boulevard, Gaithersburg, executive director; and a report by the Deputy Advisory Committee Management Commission’s general counsel. Maryland 20878, USA. Officer. FOR FURTHER INFORMATION CONTACT: Draft dockets scheduled for public [FR Doc. 04–3818 Filed 2–20–04; 8:45 am] Albert L. Opdenaker, Office of Fusion hearing on March 3, 2004 are posted on BILLING CODE 6450–01–P the Commission’s Web site, http:// Energy Sciences, U.S. Department of www.drbc.net, where they can be Energy, 1000 Independence Avenue, accessed through the Notice of SW., Washington, DC 20585–1290; DEPARTMENT OF ENERGY Commission Meeting and Public telephone: 301–903–4927. Hearing. Additional documents relating SUPPLEMENTARY INFORMATION: Purpose of Western Area Power Administration to the dockets and other items may be the Meeting: The purpose of this examined at the Commission’s offices. meeting is to complete work on the Operational Alternative for Post-2004 Please contact William Muszynski at charges dealing with Workforce Operations 609–883–9500 ext. 221 with any docket- Development, the review of Inertial AGENCY: Western Area Power related questions. Fusion Energy program, and the Administration, DOE. Individuals in need of an Committee of Visitors’ review of the ACTION: Notice of final decision. accommodation as provided for in the theory and computations program. A

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SUMMARY: The Western Area Power The preferred post-2004 operational discussions with the ISO or SMUD and Administration (Western), a Federal configuration must ensure Western will proceed directly to the formation of a power marketing administration within be able to implement its 2004 Power Federal control area. Many comments the Department of Energy (DOE), Marketing Plan and allow it to fulfill its recognized the need for Western to markets Federal power from the Central statutory obligations to the Bureau of avoid the no action alternative and Valley and Washoe projects through the Reclamation (Reclamation) as well as move as expeditiously as possible to Sierra Nevada Region (SNR). Western meet its contractual obligations to its select and initiate steps to implement a published its Notice of Intent Preference Power customers. The final post-2004 operational solution. announcing the operational alternatives decision to implement sub-control area Fourteen (14) comments recommended it was considering for post-2004 operations is based on the alternative Western proceed simultaneously on a operations in the Federal Register on meeting all five of the evaluation parallel track with control area June 24, 2003. Western held public criteria; i.e., flexibility, certainty, formation activities as a contingency in meetings in July 2003 and accepted durability, operational transparency, the event negotiations to form a comments through August 8, 2003. On and cost-effectiveness, presented in the contract-based sub-control area with the December 2, 2003, Western published June 24, 2003, Federal Register and its proposed decision to implement a finalized in the December 2, 2003, ISO or SMUD are not successful. Ten contract-based sub-control area and Federal Register. (10) comments recommended Western stated it would approach the California consider forming a customer support Independent System Operator (ISO) and Public Process committee to assist Western in the Sacramento Municipal Utility Western published its Notice of Intent analyzing the differences between the District (SMUD) to collect data and to consider certain post-2004 ISO’s and SMUD’s contract-based sub- initiate discussions. Western’s final operational alternatives in the Federal control area proposals and to ensure decision is to proceed to implement a Register (68 FR 37484) on June 24, 2003. that customer needs are adequately contract-based sub-control area. The notice described each alternative considered. DATES: This final decision on an and the factors Western would use in In addition to providing comments on operational alternative for post-2004 making a decision on which alternative Western’s proposed action, many operations shall become effective 30 to select. On July 9, 2003, Western held comments also repeated the same issues a Public Information Forum where each days after publication in the Federal and concerns raised earlier during the alternative was described, and the Register. public process, which closed on August evaluation factors that would be used by FOR FURTHER INFORMATION CONTACT: Tom 8, 2003. These previous comments may Western when making its proposed Carter, Power Operations Manager, be viewed at: http://www.wapa.gov/sn/ Sierra Nevada Region, Western Area decision were presented. Navigant Consulting, Inc., presented results from initiatives/post2004/opScenarios/ Power Administration, 114 Parkshore Comments08–08–03/. The ISO Drive, Folsom, CA 95630–4710, (916) its comparative economic benefits study performed on behalf of Reclamation and communicated its appreciation at seeing 353–4427, or by e-mail at a contract-based sub-control area option [email protected]. Western, which compared the net benefits of each alternative. with the ISO as one of the preferred SUPPLEMENTARY INFORMATION: Western held a Public Comment approaches to meeting Western’s Authorities Forum in Folsom, California, on July 30, objectives. The ISO indicated, however, 2003, during which representatives from it continues to have the same The selection of an alternative for 12 entities commented on the proposed operational concerns it previously post-2004 operations is made under the alternatives, the decision-making expressed about the formation of a authorities contained in the Department factors, and the comparative economic Federal control area should Western of Energy Organization Act (42 U.S.C. benefits study. The comment period choose to become a sub-control area 7101–7352); the Reclamation Act of closed on August 8, 2003. Western June 17, 1902 (ch. 1093, 32 Stat. 388) as with SMUD. In addition to operational received written comments from issues, the ISO continued to express amended and supplemented by twenty-six (26) different entities. subsequent laws, particularly section reservations about cost shift issues. Western considered these comments Finally, the ISO expressed reservations 9(c) of the Reclamation Act of 1939 (43 and published its proposed decision in U.S.C. 485h(c)); and other acts that related to the selection of an approach the December 2, 2003, Federal Register (contract-based sub-control area specifically apply to the projects (68 FR 67417) on a post-2004 involved. agreement with SMUD), which in its operational alternative. judgment did not follow Western’s Introduction Summary of Western’s Proposed public process. The ISO requested On December 31, 2004, a number of Decision Western consider a separate public existing transmission contracts between process to evaluate a contract-based sub- Western and the Pacific Gas and Electric Summary of Comments on Western’s Proposed Decision control area arrangement with SMUD. Company (PG&E) expire. When these PG&E expressed three general concerns contracts expire, Western will become After Western published its proposed related to the environmental responsible for arranging and meeting decision on December 2, 2003, twenty- documentation for the proposed action, most of its own supplemental power three (23) different entities submitted clarification of the proposed action to and transmission needs. This new written comments. These letters may be either acquire existing facilities or responsibility will require Western to viewed at: http://www.wapa.gov/sn/ construct new facilities at specific adopt and implement a preferred post- initiatives/post2004/opScenarios/ interconnection points, and concern 2004 operational configuration, as well Comments01–02–04/. Sixteen (16) about the relative lack of specific details as to select a preferred control area comments indicated general support for operator to host Western’s operations. Western’s contract-based sub-control related to the proposed action of Under existing contracts, PG&E provides area approach. Four (4) comments implementing a contract-based sub- Western with the ISO interface services. recommended Western forego control area.

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Western’s Response to Comments on its Western finalized an environmental Operating Scenario To Evaluate the ISO Proposed Decision assessment on January 21, 2004, on its Sub-Control Area Approach As part of preparing this document, proposed action and determined that it Under the contract-based ISO sub- Western reviewed and considered all qualifies for a categorical exclusion. As control area approach, Western would comments it received as part of this discussions with the ISO and SMUD establish a physically defined process in making its final decision. proceed, the relative merits of these contiguous system. Western Western concurs with the comments different ways to implement Western’s contemplates using a segregated that an accelerated approach is needed final decision and the actions Western approach when implementing its in its discussions with the ISO and may need to undertake with respect to proposed sub-control area. Under a SMUD. Because of the impending its transmission boundaries will emerge. segregated sub-control area operation, termination of existing contracts, Western will implement only those Western would provide reserves and Western concurs that a contingency actions which are prudent, are regulation associated with its direct- plan is desirable if discussions with the consistent with the factors used in connected customers and firm exports. ISO and SMUD to form a contract-based evaluating the post-2004 operational In addition, Western would regulate sub-control area are not successful. alternatives, allow it to fully implement hourly to a net scheduled interchange Because of the pre-decisional nature its 2004 Power Marketing Plan, and quantity with a host control area. As a of its discussions with the ISO and ensure it meets its statutory obligations sub-control area operator, Western SMUD, Western considers these to Reclamation and contractual would manage the net power flows deliberations privileged and obligations to the Preference Power through its interconnection points with confidential. As such, Western does not customers. the ISO, the Bonneville Power believe it is appropriate to include third Decision-Making Criteria Administration, the proposed Turlock parties while the negotiations are Irrigation District control area, and Finalized criteria used by Western to actively under way. Western, however, SMUD under reliability criteria and reach its proposed decision were welcomes any advice, assistance, and guidelines issued by the Western published in the December 2, 2003, support that stakeholders may be Electricity Coordinating Council Federal Register. Western defined the willing to furnish as part of (WECC) and the North American five criteria it would use to evaluate implementing the final decision. Once Electric Reliability Council (NERC). alternatives in the June 24, 2003, Western completes its negotiations, it Western would be responsible for Federal Register. The criteria are anticipates sharing non-business scheduling energy deliveries to Project flexibility, certainty, durability, sensitive information concerning its Use loads, First Preference customers, operating transparency, and cost- deliberations with interested and other customers within its sub- effectiveness. stakeholders. control area boundaries and in other Western’s process has been open and Evaluation of Approaches control areas. In addition, Western allowed stakeholders to participate in would match its generation and load, ISO Sub-Control Area Approach the identification and consideration of provide reserves, provide frequency other alternatives. As such, whenever To implement the sub-control area support for the WECC interconnection new approaches are presented, Western alternative through a contract with the under NERC and WECC criteria, and has the discretion to consider them to ISO, Western would execute a non- submit generation schedules developed ensure that its decision-making process tariff-based agreement, with specific in coordination with Reclamation to the encompasses the full range of possible terms and conditions acknowledging the host control area. choices. Although Western may not Federal statutory obligations under Western would self-provide have initially contemplated forming a which Reclamation and Western operate imbalance energy and ancillary services contract-based sub-control area the water and hydropower generation and may participate in the ISO markets arrangement with SMUD, once this and transmission facilities of the Central whenever generation or reserves in implementation approach was proposed Valley Project (CVP). Since the CVP is excess of its needs are available. by stakeholders, Western has the primarily an irrigation project, Project Although off-system customers would discretion to consider it as an Use energy requirements have first not be included in the initial phase of alternative as part of its decision-making priority for the hydropower generated sub-control area development, Western process. In fact, Western included the from the facilities. Hydropower intends to dynamically schedule off- approach of executing a contract-based generation in excess of Project Use system customers with the ISO after it sub-control area agreement with SMUD energy requirements is available for sale gains sufficient experience as a sub- as a means to accomplish its proposed to CVP Preference Power customers. control area operator and the ability of decision in the December 2, 2003, Reclamation and Western would Reclamation’s generation to Federal Register and sought comments continue to retain responsibility and dynamically follow loads is ascertained. on the different ways to implement this operational control over their respective Western’s customers directly alternative. As negotiations proceed facilities. Western would retain connected to Western’s system would with the ISO and SMUD, Western operational control over switching not be subject to use of the ISO grid for anticipates collecting sufficient data to operations and the maintenance and Federal power deliveries. However, off- make an informed judgment as to the replacement of its transmission system Project Use loads and Preference merits of each host control area facilities, while Reclamation would customers would incur all of the ISO operator’s proposal. continue to retain responsibility and transmission and related charges Comments about cost-shift issues operational control over its hydropower associated with the Federal power provided by the ISO are outside the generation facilities, as well as any deliveries. Western would market scope of this process and will be ongoing maintenance and replacement, transmission service on its system to its considered by Western in its Rate since responsibility and operational customers on an open access and non- Process for implementation of its post- control over the water and power discriminatory basis. 2004 Operational Alternative and the operations of the CVP cannot be From an operational perspective, 2004 Power Marketing Plan. impaired. Western would have a 24-hour

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Merchant Desk to purchase energy to remain intact and become responsible expected to be purchased in the forward required for Western’s Variable for its own internal operations and to markets as blocks, rather than Resource and Full Load Service retain the capability of joining a purchased on the spot market, to reduce customers and would act as the Regional Transmission Organization price volatility and ensure stable rates. Scheduling Coordinator (SC) for (RTO) in the future as a separate and With the ongoing development of Reclamation’s generation and Project distinct entity. generation optimization tools, Western Use loads, as well as for interested Western contemplates a 12-month expects the timing and quantity of customers. The 24-hour staffing of the termination window in its contract- purchased power amounts to be Merchant Desk is required by the ISO based sub-control area agreement. predictable within reasonable certainty for Western to maintain its SC status, as When, and if, Western chooses to join after the existing resource integration well as to implement its 2004 Power an RTO, it could do so as a stand-alone contract with PG&E expires. Western Marketing Plan. Western would also entity with only minimal disruptions to concludes that for its sub-control area maintain a 24-hour Switching Desk to its operation. Because this option participants, the contract-based sub- perform switching for outages of system preserves Western’s ability to join an control area approach with the ISO elements (such as transmission lines RTO of its own choice in the future, meets the certainty criteria. and breakers) for maintenance, repair, or Western concludes the sub-control area The ISO is in the midst of replacement or to assist the approach meets the flexibility criteria. implementing new operating guidance for its market redesign initiative interconnected systems in restoring the Evaluation of the Certainty Criteria (MD02). This new initiative would system following a disturbance. Since Under the ISO Sub-Control Area implement the concept of locational Western would schedule the use of its Approach transmission system and those elements marginal pricing to deal with of the California Oregon Intertie (COI) it Under the contract-based ISO sub- transmission congestion. If MD02 is owns or is responsible for under control area approach, neither Western implemented in its current format, contract, Western would also maintain a nor the direct-connected customers during congestion periods the ISO 24-hour Transmission Scheduling Desk. would be assessed ISO charges except would re-dispatch all generation based To provide regulation for the sub- for those services purchased from the on economic factors. Under this control area, Western would need to ISO. Western, however, would charge approach, the CVP Preference customers maintain a 24-hour Automatic the direct-connected customers for and Project Use loads remaining in the Generation Control Desk. capacity, energy, transmission, and ISO control area could potentially end Western anticipates the ISO would ancillary services with rates determined up paying a different price than the continue to remain the single path through a public process. Western’s off- cost-of-service rates associated with the operator for the three-line COI system. system Project Use loads and Preference delivery of Federal hydropower Scheduling activities and maintenance customers would be subject to the ISO resources. Non-Federal entities on the outages would be coordinated closely charges for transmission and delivery of ISO-controlled system could potentially with the ISO. Federal power and ancillary services. end up receiving deliveries based on From an organizational perspective, Western intends to dynamically Federal cost-of-service rates. This Western would continue to need a schedule off-system loads after it has potential inconsistency with power accounting, billing, and sufficient experience operating as a sub- Reclamation law may require Western to settlements function to account for control area. Consequently, non-direct consider alternative mitigation services purchased and sold, reconcile connected customers may be able to measures. billings from the ISO and others to the avoid some of the imbalance energy and accounting records, and issue invoices reserve charges of the ISO shortly after Evaluation of the Durability Criteria to Western’s customers and the ISO. the sub-control area is established and Under the ISO Sub-Control Area Staff would be required to verify the operational. Approach accuracy and integrity of the accounting Costs associated with the sub-control Under the contract-based ISO sub- records and issue invoices to Western’s area approach for direct connected control area, Western would continue to customers and the ISO. Depending on Project Use and Preference Power be responsible for responding to the nature and complexity of the future customers are expected to be reasonably industry-wide changes to its business financial settlements, this function predictable and include charges for and operating practices promulgated by could require additional staffing above labor and equipment to operate, NERC and WECC. Since a contract- current levels. maintain, and replace the CVP based sub-control area would be subject transmission facilities of Western and to mutual amendment and not unilateral Evaluation of the Flexibility Criteria the costs allocated to hydropower revision as under a tariff, this approach Under the ISO Sub-Control Area generation facilities owned and would meet the durability criteria. Approach operated by Reclamation. These costs Under the contract-based ISO sub- have historically been included in the Evaluation of the Operating control area approach, Western would CVP power rates established by Transparency Criteria Under the ISO establish transmission boundaries. Western. The CVP rates are cost based Sub-Control Area Approach Western contemplates implementing a and established at the lowest possible As a sub-control area operator with segregated sub-control area operation. rates consistent with sound business the ISO, Western would operate under Under a segregated sub-control area principles. Additional costs associated NERC and WECC operating criteria and operation, Western would provide with operating a sub-control area guidelines. These criteria and guidelines reserves and regulation associated with include purchased power costs. Such require Western to operate its system so its direct-connected customers and firm costs are necessary to balance sub- that it does not negatively affect the exports. In addition, Western would control area operations during the fall operation of the host control area as regulate hourly to a net scheduled and winter months when insufficient well as adjacent control areas. Western interchange quantity with a host control generation is available to meet Project concludes the sub-control area approach area. This operational configuration will Use and First Preference loads. Power with the ISO meets the operating allow Western the maximum flexibility purchased for these purposes is transparency criteria.

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Evaluation of the Cost-Effectiveness business stability needed by Western, however, incur the ISO transmission Criteria Under the ISO Sub-Control Area Reclamation, and its customers to and related charges. These charges Approach engage in long-range planning and enter represent a significant increase in costs As discussions progress with the ISO into long-term business arrangements. to off-system Project Use loads and and SMUD, Western anticipates This business stability is not readily Preference customers. collecting sufficient cost data to make available in many of the other From an infrastructure standpoint, the an informed judgment as to which alternatives considered by Western. sub-control area alternative would still option makes the best business case. Summary Analysis of the ISO Sub- require the development and Western anticipates comparing and Control Area Approach implementation of all of the systems contrasting each option to determine described previously in the December 2, which best allows Western to fulfill its Implementing the contract-based ISO 2003, Federal Register in the section statutory and contractual obligations in sub-control area approach would allow entitled, ‘‘Implementing the post-2004 a manner which is economic, the Federal transmission system to Power Marketing Plan.’’ Western financially prudent, and best meets the operate as one physically distinct unit. intends to fill the vacant positions from needs of its customers. If neither Project Use loads and customers directly within its organization to the maximum contractual approach appears to be connected to Western’s system would extent possible to minimize the need for economically and financially prudent, not be assessed the ISO charges for new staff and to continue transforming Western would not seek to implement transmission and related services but its organization to meet the needs of its them. would incur similar charges from new Marketing Plan. A contract-based sub-control area Western. Off-system Project Use loads The relative ratings for the ISO Sub- agreement provides the long-range and Preference customers would, Control Area are as follows:

ISO SUB-CONTROL AREA EVALUATION SUMMARY

Evaluation factors Meets Almost meets Does not meet

Flexibility ...... XX ...... Certainty ...... XX ...... Durability ...... XX ...... Operating Transparency ...... XX ...... Cost-effectiveness ...... XX ......

SMUD Sub-Control Area Approach the ISO would remain the single path Evaluation of the Certainty Criteria operator for the three-line COI system. Under the SMUD Sub-Control Area A contract-based sub-control area Scheduling and maintenance outages Approach with SMUD is similar in concept to the would be closely coordinated with the ISO sub-control area approach, except Under the contract-based SMUD sub- ISO and SMUD. the signatory would be SMUD instead of control area approach, Western would the ISO. Western would execute an Evaluation of the Flexibility Criteria be subject to control area operator agreement with specific terms and Under the SMUD Sub-Control Area charges from SMUD as set forth in the conditions acknowledging the Federal Approach contract. Western would charge the statutory obligations under which direct-connected customers for capacity, Reclamation and Western operate the Western contemplates implementing a energy, transmission, and ancillary water and hydropower generation and segregated sub-control area operation. services with rates determined through transmission facilities of the CVP. Implementing this sub-control area a public process. Costs associated with Reclamation and Western would operation will allow Western maximum SMUD’s administration of the control continue to retain responsibility and flexibility to remain intact and become area, as well as any services provided to operational control over their respective responsible for its internal operations Western, will also be assessed. facilities. Western would retain and to retain the capability of joining an Western’s off-system Project Use loads operational control over switching RTO in the future as a separate and and Preference customers would operations and the maintenance and distinct entity. continue to be assessed charges by the replacement of its transmission ISO for transmission and delivery of facilities, while Reclamation would In forming its contract-based SMUD Federal power and ancillary services. continue to retain responsibility and sub-control area, Western would Western intends to implement dynamic operational control over its hydropower undertake the same steps identified scheduling after it has sufficient generation facilities, as well as any earlier under the ISO contractual experience operating as a sub-control ongoing maintenance and replacement approach. Western contemplates a 12- area. Consequently, non-direct since responsibility and operational month termination window in its connected customers may be able to control over the water and power contract-based sub-control agreement. avoid some of the ISO’s imbalance operations of the CVP cannot be When, and if, Western chooses to join energy and reserve charges shortly after impaired. an RTO, it could do so as a stand-alone the sub-control area is established and entity, with only minimal disruptions to operational. Operating Scenario To Evaluate the its operations. Because this option SMUD Sub-Control Area Approach Costs associated with the SMUD sub- preserves Western’s ability to join an control area approach for direct- Western anticipates the operating RTO of its own choice in the future, connected Project Use and Preference scenario under this approach would be Western concludes the SMUD sub- Power customers are expected to be similar in scope to the one described control approach meets the flexibility fairly predictable and include charges earlier for the ISO. Under this approach, criteria. for labor and equipment to operate,

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maintain, and replace the CVP end up receiving deliveries based on Evaluation of the Cost-Effectiveness transmission facilities of Western and Federal cost-of-service rates. This Criteria Under the SMUD Sub-Control the costs allocated to hydropower potential inconsistency with Area Approach generation facilities owned and Reclamation law may require Western to As discussions progress with the ISO operated by Reclamation. These costs consider alternative mitigation and SMUD, Western anticipates have historically been included in CVP measures. Western concludes that for its sufficient cost data will become power rates established by Western. sub-control area participants, the available to make an informed business CVP rates are cost based and established contract-based sub-control area decision as to the economic and at the lowest possible rates consistent approach with SMUD meets the financial impacts of each option. with sound business principles. certainty criteria. Western anticipates comparing and Additional costs associated with Evaluation of the Durability Criteria contrasting each option to determine operating a SMUD sub-control area are Under the SMUD Sub-Control Area which best allows Western to fulfill its purchased power costs necessary to Approach statutory and contractual obligations in balance the sub-control area during the a manner which is economic, fall and winter months when Under the contract-based SMUD sub- financially prudent, and best meets the insufficient generation is available to control area approach, Western would needs of its customers. If neither meet Project Use and First Preference need to respond to industry-wide contract-based approach appears to be loads. Power purchased for these changes in NERC- and WECC-issued economically and financially prudent, purposes is expected to be purchased in operating protocols and business Western would not seek to implement the forward markets as blocks, rather practices. Under a contract-based them. than purchased on the spot market, to approach, any changes would have to be A contract-based sub-control area reduce price volatility and ensure stable mutually agreed to and could not be agreement provides the long-range rates. unilaterally imposed by either party. business stability needed by Western, The ISO is in the midst of Western concludes the SMUD sub- Reclamation, and its customers to implementing new operating guidance control area approach meets the engage in long-range planning and enter under MD02. This new initiative would durability criteria. into long-term business arrangements. implement the concept of locational Evaluation of Operating Transparency This business stability is not readily marginal pricing to deal with Criteria Under the SMUD Sub-Control available in many of the other transmission congestion. If MD02 is Area Approach alternatives considered by Western. implemented in its current format, during congestion periods the ISO As a SMUD sub-control area operator, Summary Analysis of the SMUD Sub- would re-dispatch all generation based Western would operate under Control Area Approach on economic factors. Under this applicable NERC and WECC operating Implementing the SMUD sub-control approach, the CVP Preference customers criteria and guidelines. Since the area approach would allow the Federal and Project Use loads remaining in the criteria require Western to operate its transmission system to be operated as a ISO control area could potentially end system so it does not negatively impact physically distinct unit. Western’s up paying a different price than the the host control area and its adjacent summary is the same as that shown cost-of-service rates associated with the neighbors, by definition, Western under the contract-based ISO sub- delivery of Federal hydropower concludes the SMUD sub-control area control area option. The ratings for the resources. Non-Federal entities on the approach meets the operating sub-control area approach with SMUD ISO-controlled system could potentially transparency criteria. are as follows:

SMUD SUB-CONTROL AREA EVALUATION SUMMARY

Evaluation factors Meets Almost meets Does not meet

Flexibility ...... XX ...... Certainty ...... XX ...... Durability ...... XX ...... Operating transparency ...... XX ...... Cost-effectiveness ...... XX ......

Conclusion interface services with the ISO. The Register and finalized in the December preferred post-2004 operational 2, 2003, Federal Register. Western’s Final Decision configuration must ensure Western will Western will proceed with its effort to On December 31, 2004, a number of be able to implement its 2004 Power establish a contract-based sub-control existing transmission contracts with Marketing Plan and allow it to fulfill its area. Western does not intend to form a PG&E expire. Western will then become statutory obligations to Reclamation as new control area at this time. However, responsible for arranging and meeting well as meet its contractual obligations if Western is unable to negotiate a most of its own supplemental power to its Preference Power customers. The mutually acceptable agreement to and transmission needs. This new final decision to implement sub-control implement a contract-based sub-control responsibility will require Western to area operations is based on the operation before the expiration of select and implement a post-2004 alternative meeting all five of the existing contracts, Western will initiate operational configuration and select a evaluation criteria; i.e., flexibility, all reasonably prudent steps to ensure preferred control area operator to host certainty, durability, operational Western fulfills its statutory Western’s operations. Under existing transparency, and cost-effectiveness, responsibilities and meets the contracts, PG&E provides Western with presented in the June 24, 2003, Federal requirements of its customers.

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Other Considerations Marketing Plan falls within the range of continuing information collections, as alternatives considered in the 2004 EIS. required by the Paperwork Reduction Consistency With Federal Law This NEPA review identified and Act of 1995 (44 U.S.C. chapter 35). As Western proceeds with analyzed environmental effects related Currently, the FDIC is soliciting negotiations with the ISO and SMUD, it to the Marketing Plan. Available comments concerning an information will evaluate how Federal law will reservoir storage and water releases collection titled ‘‘Application for affect the implementation of each controlled by Reclamation influences Student Educational Employment potential contract. Western will evaluate marketable CVP and Washoe project Program.’’ each approach to ensure that Western electrical capacity and energy. DATES: Comments must be submitted on can continue to meet and fulfill its Reclamation completed a programmatic or before April 23, 2004. statutory and contractual obligations. environmental impact statement (PEIS) For example, Federal Reclamation law under the CVP Improvement Act of ADDRESSES: Interested parties are requires Federal power be sold to 1992 (Pub. L. 102–575, Title 34) in invited to submit written comments to Preference customers. Western October 1999. Actions based on the Leneta G. Gregorie, Counsel, (202) 898– implements such sales through a PEIS may result in modifications to CVP 3719, Legal Division, Federal Deposit Federal marketing plan developed facilities and operations that would Insurance Corporation, 550 17th Street, under the Administrative Procedure affect the timing and quantity of electric NW., Washington, DC 20429. All Act. The final CVP marketing plan was power generated by the CVP. Such comments should refer to ‘‘Application published on June 25, 1999 (64 FR changes may affect electric power for Student Educational Employment 34417). The sale of Federal power must products and services marketed by SNR. Program.’’ Comments may be hand- not impair the CVP’s primary purposes. The Marketing Plan has the flexibility to delivered to the guard station at the rear The marketing plans have the full force accommodate these changes. Western of the 17th Street Building (located on and effect of law. Implementation of was a cooperating agency in F Street), on business days between 7 Western’s operational decision must be Reclamation’s PEIS process. The a.m. and 5 p.m. (Fax number: (202) 898– consistent with Western’s obligations proposed action was also evaluated 3838; email: comments @ fdic.gov.) under Federal law including Western’s under a categorical exclusion analysis A copy of the comments may also be Marketing Plan. Consequently, any finalized by Western on January 21, submitted to the OMB desk officer for agreement that Western may execute 2004. the FDIC: Joseph F. Lackey, Jr., Office of with either the ISO or SMUD cannot Information and Regulatory Affairs, Determination Under Executive Order Office of Management and Budget, New impair Western’s ability to deliver 12866 Federal power to Project Use loads and Executive Office Building, Room 10236, Federal Preference Power to Preference Western has an exemption from Washington, DC 20503. Power customers. centralized regulatory review under FOR FURTHER INFORMATION CONTACT: Executive Order 12866. No clearance of Leneta G. Gregorie, Counsel, Legal Regulatory Procedure Requirements this notice by the Office of Management Division, at (202) 898–3719. Regulatory Flexibility Analysis and Budget is required. SUPPLEMENTARY INFORMATION: Proposal to establish the following new collection The Regulatory Flexibility Act of 1980 Small Business Regulatory Enforcement Fairness Act of information: (5 U.S.C. 601, et seq.) requires Federal Title: Application for Student agencies to perform a regulatory Western has determined this rule is Educational Employment Program. flexibility analysis if a final rule is likely exempt from congressional notification OMB Number: New collection. to have a significant economic impact requirements under 5 U.S.C. 801 Frequency of Response: Occasional. on a substantial number of small entities because the action is a rulemaking Affected Public: Students seeking and there is a legal requirement to issue relating to services and involves matters employment with the FDIC under the a general notice of proposed of procedure. Student Educational Employment rulemaking. Western has determined Dated: February 13, 2004. Program. this action does not require a regulatory Michael S. Hacskaylo, Estimated Number of Respondents: flexibility analysis since it is a Administrator. 1,500. rulemaking involving services Estimated Time per Response: 0.33 applicable to public property. [FR Doc. 04–3819 Filed 2–20–04; 8:45 am] hour. BILLING CODE 6450–01–P Environmental Compliance Estimated Total Annual Burden: 500 hours. Under the National Environmental General Description of Collection: The Policy Act (NEPA) (42 U.S.C. 4321. et FEDERAL DEPOSIT INSURANCE collection will provide the FDIC with a seq.), Council on Environmental Quality CORPORATION means of gathering information from NEPA implementing regulations (40 program applicants to determine Agency Information Collection CFR 1500–1508), and DOE NEPA whether they meet the government-wide Activities: Proposed Collection; implementing regulations (10 CFR criteria established by OPM for Comment Request 1021), Western completed an participation in the program, as well as environmental impact statement (EIS) AGENCY: Federal Deposit Insurance the additional criteria established by the on its Energy Planning and Management Corporation. FDIC in its implementation of the Program. The Record of Decision was ACTION: Notice and request for comment. program. published in the Federal Register (60 FR 53181, October 12, 1995). SUMMARY: The FDIC, as part of its Request for Comment Western also completed the 2004 continuing effort to reduce paperwork Comments are invited on: (a) Whether Power Marketing Program EIS (2004 and respondent burden, invites the the collection of information is EIS). The Record of Decision was general public and other Federal necessary for the proper performance of published in the Federal Register (62 agencies to take this opportunity to the FDIC’s functions, including whether FR 22934, April 28, 1997). The comment on proposed and/or the information has practical utility; (b)

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the accuracy of the burden of the U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(8), Interested persons may express their information collection, including the (c)(9)(A)(ii), (c)(9)(B), and (c)(10)). views in writing to the Reserve Bank validity of the methodology and The meeting was held in the Board indicated for that notice or to the offices assumptions used; (c) ways to enhance Room of the FDIC Building located at of the Board of Governors. Comments the quality, utility, and clarity of the 550 17th Street, NW., Washington, DC. must be received not later than March information to be collected; and (d) Dated: February 18, 2004. 9, 2004. ways to minimize the burden of the Federal Deposit Insurance Corporation. A. Federal Reserve Bank of information collection on respondents, Robert E. Feldman, Minneapolis (Jacqueline G. Nicholas, including through the use of automated Community Affairs Officer) 90 collection techniques or other forms of Executive Secretary. [FR Doc. E4–342 Filed 2–20–04; 8:45 am] Hennepin Avenue, Minneapolis, information technology. Minnesota 55480-0291: At the end of the comment period, the BILLING CODE 6714–01–P 1. Martha A. Soter, Tucson, Arizona; comments and recommendations Fred J. Christenson, Fairfield, received will be analyzed to determine Connecticut; Molly A. Hershede, the extent to which the collection FEDERAL ELECTION COMMISSION Phoenix, Arizona; John W. Thomson, should be modified prior to submission Sunshine Act Meeting Sioux Falls, individually and as trustee to OMB for review and approval. of the Nane A. Thomson Trust; Nane A. Comments submitted in response to this Special Executive Session Thomson, Sioux Falls; the Nane A. notice also will be summarized or Thomson Trust, Sioux Falls; James R. included in the FDIC’s request to OMB DATE & TIME: Tuesday, February 17, Thomson, Centerville, individually and for approval of this collection. All 2004, at 2 p.m. as trustee of the Sarah A. Thomson comments will become a matter of PLACE: 999 E Street, NW., Washington, Trust, the Christopher Thomson Trust, public record. DC. the Alex B. Cole Trust, and the Erin T. STATUS: This meeting was closed to the Dated in Washington, DC this 17th day of Cole Trust; the Sarah A. Thomson Trust, public pursuant to 11 CFR 2.4(b)(7). February, 2004. Centerville; the Christopher Thomson Federal Deposit Insurance Corporation. DATE & TIME: Thursday, February 26, Trust, Centerville, all in South Dakota; Robert E. Feldman, 2004, at 10 a.m. John E. Lindahl, Wayzata, as trustee of Executive Secretary. PLACE: 999 E Street, NW., Washington, the Sarah A. Thomson Trust, the [FR Doc. 04–3797 Filed 2–20–04; 8:45 am] DC (ninth floor). Christopher Thomson Trust, the Alex B. BILLING CODE 6714–01–P STATUS: This meeting will be open to the Cole Trust, and the Erin T. Cole Trust; public. John L. Thomson, Minneapolis, ITEMS TO BE DISCUSSED: Correction and individually and as trustee of the John FEDERAL DEPOSIT INSURANCE approval of minutes. Lubar Thomson Trust, the Maddie C. CORPORATION Draft Advisory Opinion 2004–02: Thomson Trust and the Joseph N. National Committee for an Effective Thomson Trust; Kristine L. Thomson, Notice of Agency Meeting Congress by counsel, Judith L. Corley. Minneapolis, all of Minnesota; as trustee of the John Lubar Thomson Trust, the Pursuant to the provisions of the Future meeting dates. Maddie C. Thomson Trust and the ‘‘Government in the Sunshine Act’’ (5 Routine administrative matters. Joseph N. Thomson Trust; David J. U.S.C. 552b), notice is hereby given that, PERSON TO CONTACT FOR INFORMATION: Lubar, Milwaukee, Wisconsin, as trustee at 10:20 a.m. on Tuesday, February 17, Robert W. Biersack, Acting Press of the John Lubar Thomson Trust, the 2004, the Board of Directors of the Officer. Telephone: (202) 694–1220. Maddie C. Thomson Trust and the Federal Deposit Insurance Corporation Mary W. Dove, Joseph N. Thomson Trust; the John met in closed session to consider Secretary of the Commission. Lubar Thomson Trust, Minneapolis; the matters relating to the Corporation’s Maddie C. Thomson Trust, Minneapolis; resolution, enforcement, and corporate [FR Doc. 04–4008 Filed 2–19–04; 2:45 pm] the Joseph N. Thomson Trust, activities. BILLING CODE 6215–01–M Minneapolis, all in Minnesota; Ann L. In calling the meeting, the Board Cole, Sioux Falls; the Alex B. Cole determined, on motion of Director James FEDERAL RESERVE SYSTEM Trust, Centerville; and the Erin T. Cole E. Gilleran (Director, Office of Thrift Trust, Centerville, all in South Dakota; Supervision), seconded by Vice Change in Bank Control Notices; to acquire additional voting shares of Chairman John M. Reich, concurred in Acquisition of Shares of Bank or Bank Thomson Holdings, Inc., Centerville, by Director Thomas J. Curry, Ms. Julie Holding Companies South Dakota, and thereby to indirectly Williams, acting in the place and stead acquire additional voting shares of First of Director John D. Hawke, Jr. The notificants listed below have Midwest Bank, Centerville, South (Comptroller of the Currency), and applied under the Change in Bank Dakota. Chairman Donald E. Powell, that Control Act (12 U.S.C. 1817(j)) and Corporation business required its § 225.41 of the Board’s Regulation Y (12 B. Federal Reserve Bank of Dallas consideration of the matters on less than CFR 225.41) to acquire a bank or bank (W. Arthur Tribble, Vice President) 2200 seven days’ notice to the public; that the holding company. The factors that are North Pearl Street, Dallas, Texas 75201- public interest did not require considered in acting on the notices are 2272: consideration of the matters in a set forth in paragraph 7 of the Act (12 1. Ms. Dianne Jaggars Stone, Hico, meeting open to public observation; and U.S.C. 1817(j)(7)). Texas; to acquire additional voting that the matters could be considered in The notices are available for shares of First National Bancshares of a closed meeting by authority of immediate inspection at the Federal Hico, Inc., Hico, Texas, and thereby subsections (c)(2), (c)(4), (c)(6), (c)(8), Reserve Bank indicated. The notices indirectly acquire additional voting (c)(9)(A)(ii), (c)(9)(B), and (c)(10) of the also will be available for inspection at shares of The First National Bank of ‘‘Government in the Sunshine Act’’ (5 the office of the Board of Governors. Hico, Hico, Texas.

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Board of Governors of the Federal Reserve bank holding company and all of the FEDERAL RESERVE SYSTEM System, February 18, 2004. banks and nonbanking companies Robert deV. Frierson, owned by the bank holding company, Formations of, Acquisitions by, and Deputy Secretary of the Board. including the companies listed below. Mergers of Bank Holding Companies [FR Doc. 04–3854 Filed 2–20–04; 8:45 am] The applications listed below, as well BILLING CODE 6210–01–S as other related filings required by the The companies listed in this notice Board, are available for immediate have applied to the Board for approval, inspection at the Federal Reserve Bank pursuant to the Bank Holding Company FEDERAL RESERVE SYSTEM indicated. The application also will be Act of 1956 (12 U.S.C. 1841 et seq.) available for inspection at the offices of (BHC Act), Regulation Y (12 CFR part Change in Bank Control Notices; the Board of Governors. Interested 225), and all other applicable statutes Acquisition of Shares of Bank or Bank persons may express their views in and regulations to become a bank Holding Companies writing on the standards enumerated in holding company and/or to acquire the The notificants listed below have the BHC Act (12 U.S.C. 1842(c)). If the assets or the ownership of, control of, or applied under the Change in Bank proposal also involves the acquisition of the power to vote shares of a bank or Control Act (12 U.S.C. 1817(j)) and a nonbanking company, the review also bank holding company and all of the § 225.41 of the Board’s Regulation Y (12 includes whether the acquisition of the banks and nonbanking companies CFR 225.41) to acquire a bank or bank nonbanking company complies with the owned by the bank holding company, holding company. The factors that are standards in section 4 of the BHC Act including the companies listed below. (12 U.S.C. 1843). Unless otherwise considered in acting on the notices are The applications listed below, as well set forth in paragraph 7 of the Act (12 noted, nonbanking activities will be conducted throughout the United States. as other related filings required by the U.S.C. 1817(j)(7)). Board, are available for immediate The notices are available for Additional information on all bank inspection at the Federal Reserve Bank immediate inspection at the Federal holding companies may be obtained indicated. The application also will be Reserve Bank indicated. The notices from the National Information Center also will be available for inspection at website at www.ffiec.gov/nic/. available for inspection at the offices of the office of the Board of Governors. Unless otherwise noted, comments the Board of Governors. Interested Interested persons may express their regarding each of these applications persons may express their views in views in writing to the Reserve Bank must be received at the Reserve Bank writing on the standards enumerated in indicated for that notice or to the offices indicated or the offices of the Board of the BHC Act (12 U.S.C. 1842(c)). If the of the Board of Governors. Comments Governors not later than March 19, proposal also involves the acquisition of must be received not later than March 2004. a nonbanking company, the review also 8, 2004. A. Federal Reserve Bank of Chicago includes whether the acquisition of the A. Federal Reserve Bank of Kansas (Patrick M. Wilder, Managing Examiner) nonbanking company complies with the City (James Hunter, Assistant Vice 230 South LaSalle Street, Chicago, standards in section 4 of the BHC Act President) 925 Grand Avenue, Kansas Illinois 60690-1414: (12 U.S.C. 1843). Unless otherwise City, Missouri 64198–0001: 1. LDF, Inc., Chicago, Illinois; to noted, nonbanking activities will be 1. Robert J. Barmann, Jr., Maryville, become a bank holding company by conducted throughout the United States. Missouri; James L. Baber, Weston, acquiring 100 percent of the voting Additional information on all bank Missouri; and Robert M. McGinness, shares of Labe Bank, Chicago, Illinois. holding companies may be obtained Platte City, Missouri; to acquire control B. Federal Reserve Bank of St. Louis from the National Information Center of Wells Bancshares, and thereby Web site at www.ffiec.gov/nic/. indirectly acquire control of Wells Bank (Randall C. Sumner, Vice President) 411 of Platte City, both of Platte City, Locust Street, St. Louis, Missouri 63166- Unless otherwise noted, comments Missouri. 2034: regarding each of these applications 1. Bancorp IV, Inc., Stilwell, Kansas; must be received at the Reserve Bank Board of Governors of the Federal Reserve indicated or the offices of the Board of System, February 17, 2004. to become a bank holding company by acquiring 100 percent of the voting Governors not later than March 18, Robert deV. Frierson, shares of the Bank of Montgomery 2004. Deputy Secretary of the Board. County, Wellsville, Missouri. [FR Doc. E4–345 Filed 2–20–04; 8:45 am] A. Federal Reserve Bank of 2. Bank of the Ozarks, Inc., Little Richmond (A. Linwood Gill, III, Vice BILLING CODE 6210–01–S Rock, Arkansas; to acquire 100 percent President) 701 East Byrd Street, of the voting shares of Sun Bank, Richmond, Virginia 23261–4528: Sunray, Texas. FEDERAL RESERVE SYSTEM 1. American Community Bancshares, 3. Security Bancorp of Tennessee, Inc., Charlotte, North Carolina; to merge Formations of, Acquisitions by, and Inc., Halls, Tennessee; to acquire 44.93 with FNB Bancshares, Inc., Gaffney, Mergers of Bank Holding Companies percent of the voting shares of Patriot of South Carolina, and thereby indirectly Tennessee Corporation, Millington, acquire voting shares of First National The companies listed in this notice Tennessee, and thereby indirectly Bank of the Carolinas, Gaffney, South have applied to the Board for approval, acquire Patriot Bank, Millington, Carolina. pursuant to the Bank Holding Company Tennessee. Act of 1956 (12 U.S.C. 1841 et seq.) Board of Governors of the Federal Reserve Board of Governors of the Federal Reserve (BHC Act), Regulation Y (12 CFR Part System, February 17, 2004. 225), and all other applicable statutes System, February 18, 2004. Robert deV. Frierson, and regulations to become a bank Robert deV. Frierson, holding company and/or to acquire the Deputy Secretary of the Board. Deputy Secretary of the Board. assets or the ownership of, control of, or [FR Doc. 04–3853 Filed 2–20–04; 8:45 am] [FR Doc. E4–344 Filed 2–20–04; 8:45 am] the power to vote shares of a bank or BILLING CODE 6210–01–S BILLING CODE 6210–01–S

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FEDERAL RESERVE SYSTEM DEPARTMENT OF HEALTH AND Dated: February 13, 2004. HUMAN SERVICES Carolyn M. Clancy, Notice of Proposals to Engage in Director. Permissible Nonbanking Activities or Agency for Healthcare Research and [FR Doc. 04–3759 Filed 2–20–04; 8:45 am] to Acquire Companies that are Quality BILLING CODE 4160–90–M Engaged in Permissible Nonbanking Activities Notice of Meeting DEPARTMENT OF HEALTH AND The companies listed in this notice In accordance with section 10(d) of HUMAN SERVICES have given notice under section 4 of the the Federal Advisory Committee Act (5 Bank Holding Company Act (12 U.S.C. U.S.C., Appendix 2), announcement is Agency for Toxic Substances and made of a Health Care Policy and 1843) (BHC Act) and Regulation Y (12 Disease Registry (ATSDR) Research Special Emphasis Panel (SEP) CFR part 225) to engage de novo, or to meeting. Public Meeting of the Citizens acquire or control voting securities or Advisory Committee on Public Health assets of a company, including the A Special Emphasis Panel is a group of experts in fields related to health care Service (PHS) Activities and Research companies listed below, that engages at Department of Energy (DOE) Sites: either directly or through a subsidiary or research who are invited by the Agency for Healthcare Research and Quality Oak Ridge Reservation Health Effects other company, in a nonbanking activity Subcommittee that is listed in § 225.28 of Regulation Y (AHRQ), and agree to be available, to conduct on an as needed basis, (12 CFR 225.28) or that the Board has In accordance with section 10(a)(2) of scientific reviews of applications for determined by Order to be closely the Federal Advisory Committee Act AHRQ support. Individual members of (Pub. L. 92–463), the Centers for Disease related to banking and permissible for the Panel do not attend regularly- bank holding companies. Unless Control and Prevention (CDC) scheduled meetings and do not serve for announces the following committee otherwise noted, these activities will be fixed terms or a long period of time. conducted throughout the United States. meeting. Rather, they are asked to participate in Name: Public meeting of the Citizens Each notice is available for inspection particular review meetings which Advisory Committee on PHS Activities at the Federal Reserve Bank indicated. require their type of expertise. and Research at DOE Sites: Oak Ridge The notice also will be available for Substantial segments of the upcoming Reservation Health Effects inspection at the offices of the Board of SEP meeting listed below will be closed Subcommittee (ORRHES). Governors. Interested persons may to the public in accordance with the Time and Date: 12 p.m.–3 p.m., express their views in writing on the Federal Advisory Committee Act, March 9, 2004. question whether the proposal complies section 10(d) of 5 U.S.C., Appendix 2 Place: This is a conference call. with the standards of section 4 of the and 5 U.S.C. 552b(c)(6). Grant Telephone toll-free (866) 687–0087. BHC Act. Additional information on all applications for AHRQ NRSA Status: Open to the public, limited bank holding companies may be Predoctoral Fellowship for Minority only by the space available on the obtained from the National Information Student (F31) and NRSA Postdoctoral conference call. The call can Center Web site at www.ffiec.gov/nic/. Fellowship (F32) Awards are to be accomodate up to 50 participants. Please call the Executive Secretary or Unless otherwise noted, comments reviewed and discussed at this meeting. These discussions are likely to reveal Committee Management Specialist to regarding the applications must be personal information concerning obtain the passcode for the conference received at the Reserve Bank indicated individuals associated with the call. or the offices of the Board of Governors applications. This information is Background: A Memorandum of not later than March 8, 2004. exempt from mandatory disclosure Understanding (MOU) was signed in A. Federal Reserve Bank of Atlanta under the above-cited statutes. October 1990 and renewed in September 2000 between ATSDR and (Sue Costello, Vice President) 1000 SEP Meeting on: AHRQ NRSA Predoctoral Peachtree Street, N.E., Atlanta, Georgia Fellowship for Minority Student (F31) and DOE. The MOU delineates the 30303: NRSA, Postdoctoral Fellowship (F32) responsibilities and procedures for ATSDR’s public health activities at DOE 1. FirstTrust Corporation, New Awards. sites required under sections 104, 105, Orleans, Louisiana; to acquire FBT Date: March 2, 2004 (Teleconference 107, and 120 of the Comprehensive Advisors, Inc., New Orleans, Louisiana, Review). Place: John M. Eisenberg Building, 540 Environmental Response, and thereby engage in financial and Gaither Road, Room 2020, Rockville, Compensation, and Liability Act investment advisory activities, pursuant Maryland 20850. (CERCLA or ‘‘Superfund’’). These to section 225.28(b)(6)(i) of Regulation Time: 2 p.m.–5 p.m. activities include health consultations Y, and indirectly acquire FBT Contact Person: Anyone wishing to obtain and public health assessments at DOE Investments, Inc., New Orleans, a roster of members, agenda or minutes of the sites listed on, or proposed for, the Louisiana, and thereby engage in agency nonconfidential portions of this meeting Superfund National Priorities List and transactional services for customer should contact Mrs. Bonnie Campbell, at sites that are the subject of petitions investments, pursuant to section Committee Management Officer, Office of from the public; and other health- 225.28(b)(7)(i) of Regulation Y. Extramural Research, Education and Priority related activities such as epidemiologic Populations, AHRQ, 540 Gaither Road, Room Board of Governors of the Federal Reserve 2038, Rockville, Maryland 20850, Telephone studies, health surveillance, exposure System, February 17, 2004. (301) 427–1554. and disease registries, health education, substance-specific applied research, Robert deV. Frierson, Agenda items for this meeting are subject to change as priorities dictate. emergency response, and preparation of Deputy Secretary of the Board. This notice is being published less than 15 toxicological profiles. [FR Doc. E4–346 Filed 2–20–04; 8:45 am] days prior to the meeting due to the time In addition, under an MOU signed in BILLING CODE 6210–01–S constraints of reviews and funding cycles. December 1990 with DOE and replaced

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by an MOU signed in 2000, the DEPARTMENT OF HEALTH AND HHS has delegated program Department of Health and Human HUMAN SERVICES responsibility to CDC. Services (HHS) has been given the Community Involvement is a critical responsibility and resources for Agency for Toxic Substances and part of ATSDR’s and CDC’s energy- conducting analytic epidemiologic Disease Registry related research and activities, and investigations of residents of input from members of the ORRHES is Public Meeting of the Citizens communities in the vicinity of DOE part of these efforts. Advisory Committee on Public Health Purpose: The purpose of this meeting facilities, workers at DOE facilities, and Service (PHS) Activities and Research other persons potentially exposed to is to address issues that are unique to at Department of Energy (DOE) Sites: community involvement with the radiation or to potential hazards from Oak Ridge Reservation Health Effects ORRHES, and agency updates. non-nuclear energy production and use. Subcommittee Matters to be Discussed: Agenda items HHS has delegated program will include a presentation and In accordance with section 10(a)(2) of responsibility to CDC. discussion, updates and the Federal Advisory Committee Act Community Involvement is a critical recommendations from the Public (Pub. L. 92–463), the Centers for Disease Health Assessment, Communications part of ATSDR’s and CDC’s energy- Control and Prevention (CDC) and Outreach, Agenda, Guidelines and related research and activities, and announces the following committee Procedures, the Health Education Needs input from members of the ORRHES is meeting. part of these efforts. Name: Public meeting of the Citizens Assessment Workgroups, and agency updates. Agenda items are subject to Purpose: The purpose of this meeting Advisory Committee on PHS Activities change as priorities dictate. is to address issues that are unique to and Research at DOE Sites: Oak Ridge community involvement with the Reservation Health Effects FOR FURTHER INFORMATION CONTACT: ORRHES, and agency updates. Subcommittee (ORRHES). Lorine Spencer, Executive Secretary, or Time and Date: 12 p.m.–8 p.m., April Marilyn Horton, Committee Matters to be Discussed: Agenda items 13, 2004. Management Specialist, Division of will include a presentation and Place: Kingston Community Center, Health Assessment and Consultation, discussion from the Public Health 201 Patton Ferry Road, Kingston, TN ATSDR, 1600 Clifton Road, NE., M/S E– Assessment Workgroup on the Public 37763. Telephone: (865) 376–9476. 32, Atlanta, Georgia 30333, telephone 1– Health Assessment for White Oak Creek Status: Open to the public, limited 888–42–ATSDR (28737), fax 404/498– Radionuclide Release from the DOE Oak only by the space available. The meeting 1744. Ridge Reservation, and a room accommodates approximately 75 The Director, Management Analysis recommendation and endorsement from people. and Services Office, has been delegated ORRHES to release it for public Background: A Memorandum of the authority to sign Federal Register comment, and agency updates. Understanding (MOU) was signed in notices pertaining to announcements of meetings and other committee Agenda items are subject to change as October 1990 and renewed in management activities, for both CDC priorities dictate. September 2000 between ATSDR and DOE. The MOU delineates the and ATSDR. FOR FURTHER INFORMATION CONTACT: responsibilities and procedures for Dated: February 17, 2004. Lorine Spencer, Executive Secretary, or ATSDR’s public health activities at DOE Joseph E Salter, Marilyn Horton, Committee sites required under sections 104, 105, Acting Director, Management Analysis and Management Specialist, Division of 107, and 120 of the Comprehensive Services Office, Centers for Disease Control Health Assessment and Consultation, Environmental Response, and Prevention. ATSDR, 1600 Clifton Road, NE., M/S E– Compensation, and Liability Act [FR Doc. 04–3796 Filed 2–20–04; 8:45 am] 32, Atlanta, Georgia 30333, telephone 1– (CERCLA or ‘‘Superfund’’). These BILLING CODE 4163–18–P 888–42–ATSDR (28737), fax 404–498– activities include health consultations 1744. and public health assessments at DOE The Director, Management Analysis sites listed on, or proposed for, the DEPARTMENT OF HEALTH AND HUMAN SERVICES and Services Office, has been delegated Superfund National Priorities List and at sites that are the subject of petitions the authority to sign Federal Register from the public; and other health- Administration for Children and notices pertaining to announcements of related activities such as epidemiologic Families, Family and Youth Services meetings and other committee studies, health surveillance, exposure Bureau management activities, for both CDC and disease registries, health education, and ATSDR. substance-specific applied research, Notice of a Funding Opportunity Dated: February 17, 2004. emergency response, and preparation of Funding Opportunity Title: Mentoring Joseph E. Salter, toxicological profiles. In addition, under Children of Prisoners. Acting Director, Management Analysis and an MOU signed in December 1990 with Announcement Type: Competitive Services Office, Centers for Disease Control DOE and replaced by an MOU signed in Grant—Initial. and Prevention. 2000, the Department of Health and Funding Opportunity Number: HHS– [FR Doc. 04–3795 Filed 2–20–04; 8:45 am] Human Services (HHS) has been given 2004–ACF–ACYF–CU–0001. the responsibility and resources for CFDA Number: 93.616. BILLING CODE 4163–18–P conducting analytic epidemiologic DATES: April 23, 2004. investigations of residents of communities in the vicinity of DOE I. Funding Opportunity Description facilities, workers at DOE facilities, and The Family and Youth Services other persons potentially exposed to Bureau (FYSB) within the radiation or to potential hazards from Administration for Children and non-nuclear energy production and use. Families (ACF) announces the

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availability of financial assistance and skills leading to the formation of provide stability and often have a the request for applications for the FY successful relationships. profound, life-changing effect on the 2004 Mentoring Children of Prisoners child. Mentoring provides the Who Are the Children? Program activities under section 439, incarcerated parent with the assurance Title IV–B, subpart 2 of the Social Between 1991 and 1999, the number that somebody is there to look after the Security Act, as amended. The purpose of children with a parent in a Federal or best interests of their child. of this program is to make competitive State correctional facility increased by grants to applicants in urban, suburban, more than 100 percent, from What Are Possible Outcomes? rural, and tribal populations with approximately 900,000 to approximately Research confirms the societal substantial numbers of children of 2,000,000. Like their parents, children benefits of mentoring efforts with incarcerated parents and to support the of criminal offenders reflect the racial children. Specifically, data indicates establishment or expansion of programs differences of the incarcerated that mentoring programs have reduced using a network of public and private populations. Seven percent of African first time drug use by almost 50 percent entities to provide mentoring services to American children have an incarcerated and first-time alcohol use by 33 percent. these children. parent; almost three percent of Hispanic Also, caregiver and peer relationships children have an incarcerated parent, are shown to improve. In addition, Background on Mentoring Children of while less than one percent of white mentored youth displayed greater Prisoners children have an incarcerated parent. confidence in their schoolwork and Across our Nation, many Americans are improved their academic performance. responding to the call to service by Who Are the Parents? mentoring a child in need. By offering love, According to the 2001 national data How Are Matches Initiated and guidance, and encouragement, mentors put from the Bureau of Justice Statistics, 3.5 Monitored? hope in children’s hearts, and help ensure million parents were supervised by the Parents, incarcerated parents, that young people realize their full potential. correctional system. Prior to caretakers, schools, courts, social President George W. Bush, January 2003. incarceration, 64 percent of female service organizations, or congregations Witnessing and living with the arrest prisoners and 44 percent of male will identify children in need of a and incarceration of a parent is prisoners in State facilities lived with mentor and initiate the referral to a devastating for children and families. their children. During incarceration mentoring organization. The mentoring The living conditions, family nearly 90 percent of children of organization will facilitate and monitor configurations, and problems faced by incarcerated fathers lived with their the match by allowing parents and other the parents make it likely that mothers and 79 percent of children of stakeholders opportunities to provide significant numbers of children of incarcerated mothers lived with a feedback on the match. The mentoring prisoners will suffer emotional and grandparent or other relative. Although organization will develop and distribute behavioral difficulties. Economic, research has indicated that parents and status reports to appropriate interested social, and emotional burdens are often children should visit one another, less parties. placed on families and caretakers, than 50 percent of prisoners receive especially children. Family visits from their children. In a number What Happens When Parents Return relationships are strained and any of cases, the caregiver may not allow the Home From Prison? existing stability is compromised. As a child to visit the inmate and prisons are Mentors are not meant to be result, the majority of these children often located far away from the urban ‘‘replacement parents.’’ In situations experience multiple changes of areas where most children of prisoners where incarcerated parents were caregivers and/or living arrangements. live. According to the Bureau of Prisons, actively engaged in the mentoring What Are the Effects of Incarceration on there is evidence to suggest that inmates process, through visits, phone the Child? who are connected to their children and conversations or letters, reunification is families are more likely to avoid a natural process with realistic Research has found that long term negative incidents and have reduced expectations. Mentors can help facilitate physical absence of a parent has sentences. a smooth reentry by helping parents profound effects on child development. reconnect with their child and are often Children of incarcerated parents are Who Are the Mentors? invited to continue to be a supportive seven times more likely to become Mentors are recruited from a variety resource well after the return of the involved in the juvenile and adult of sources including congregations, parent. criminal justice systems. Parental arrest religious non-profit organizations, and confinement often lead to stress, community-based organizations, service What Is the Family and Youth Services trauma, stigmatization, and separation organizations, Senior Corps, and the Bureau? problems which may be compounded business community. Research has For over 30 years, the Family and by existing poverty, violence, substance shown that the health and productivity Youth Services Bureau (FYSB) within abuse, high-crime environments, child of mentors is enhanced by their the Administration for Children and abuse and neglect, multiple caregivers, connection to a child in need. Families (ACF) has provided grants at and/or prior separations. These children the local level to Community and Faith- How Can Mentoring Help? are more likely to develop attachment based organizations serving a disorders and often exhibit broad It has been demonstrated that population of vulnerable youth, varieties of behavioral, emotional, mentoring is a potent force for including runaway, homeless, and street health, and educational problems. Many improving youth outcomes. Mentoring youth. children of incarcerated parents are increases the likelihood of regular angry and lash out at others leading to school attendance and academic Definitions confrontations with law enforcement. achievement. It also decreases the Children of Prisoners: Children, Lacking the support of families, schools, chances of engaging in self-destructive where one or both parents are and other community institutions, they or violent behavior. A trusting incarcerated in a Federal, State or local often do not develop values and social relationship with a caring adult will correctional facility, on parole or on

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probation. A child whose parent is on • Expressed an interest in working compared to the national average. parole or probation is eligible to with children in disadvantaged Applicants must apply to establish new participate in the mentoring program if situations. programs or to expand existing the linkage is made while the parent is (b) Incorporate the elements of programs utilizing a network of public still incarcerated. Children of persons Positive Youth Development by and private community entities to incarcerated in local facilities become providing youth with: provide mentoring services for children eligible for the mentoring program only • Safe and trusting relationships; of prisoners. Collaboration among in the unfortunate instance that the • Healthy messages about life and eligible entities is strongly encouraged. parent is remanded to custody or the social behavior; All eligible organizations, including State department of corrections. • Guidance from a positive adult role faith-based organizations, are eligible to Children must be 4 years to 14 years of model; compete on equal footing for Federal age when they begin to receive services. • Increased and enhanced financial assistance used to support Mentoring: A structured, managed participation in education for positive social services programs. No program in which children are outcomes; organizations can be discriminated • appropriately matched with screened Participation in civic service and against on the basis of religion in the and trained adult volunteers for one-to- community activities. administration or distribution of Federal one relationships. This involves (c) Coordinate with partnering groups financial assistance under social service meetings and activities on a regular to develop a plan for the whole family: programs. Faith-based organizations are • basis between the mentors and children Connect the child with the eligible to compete for Federal financial to support a child’s need for a caring imprisoned parent with permission assistance while retaining their identity, and supportive adult in his life. from the other spouse or guardian; mission, religious references, and • Prisoner: Adult who is incarcerated in Coordinate support services to governance. However, faith-based siblings and families; organizations that receive funding may a Federal or State correctional facility or • is being held in a local facility but is Support caregivers with training not use Federal financial assistance, remanded to the custody of a State and help navigating the services including funds, to meet any cost- department of corrections. provided by the mentoring network. sharing requirements or to support inherently religious activities, such as Caretaker: The parent or legal II. Award Information worship, religious instruction, or prayer. guardian charged with the responsibility Funding Instrument Type: Grant. Proof of non-profit status is any one of caring for a child while the parent is Anticipated total Priority Area of the following: incarcerated. Funding: $50,000,000. (a) A reference to the applicant Mentoring Organization: The Anticipated Number of Awards: 150– organization’s listing in the Internal community or faith-based organization 200. Revenue Service’s (IRS) most recent list that coordinates local entities Ceiling on amount of individual of tax-exempt organizations described in participating in the provision of Awards: $ 1,000,000. the IRS code. mentoring services and the mentoring Floor of Individual Award Amounts: (b) A copy of a currently valid IRS tax support network. Mentoring None. exemption certificate. organizations will be responsible for the Average projected Award Amount: (c) A statement from a State taxing application and performance of the $100,000 to $1,000,000; Funds are body, State Attorney General, or other grant. They also will be responsible for pending appropriation action by the appropriate State official certifying that providing the cash or in-kind Congress. the applicant organization has a non- contribution. Project Periods for Awards: 36 month profit status and that none of the net Mentoring Services: Those services project periods with 12 month budget earnings accrue to any private and activities that support a structured, periods. shareholders or individuals. managed program of mentoring, (d) A certified copy of the III. Eligibility Information including the management by trained organization’s certificate of personnel of outreach to and screening 1. Eligible Applicants incorporation or similar document that clearly establishes non-profit status. of eligible children; outreach to, County governments, City or education, and training of and liaison (e) Any of the items in the township governments, Special district subparagraphs immediately above for a with sponsoring local organizations; governments, Independent school screening and training of adult State or national parent organization districts, State controlled institutions of and a statement signed by the parent volunteers; matching of children with higher education, Native American suitable adult volunteer mentors; organization that the applicant tribal governments(Federally organization is a local non-profit support and oversight of the mentoring recognized), Public housing authorities/ relationship; and establishment of goals affiliate. Indian housing authorities, Native Applicants are cautioned that the and evaluation of outcomes for American tribal organizations (other mentored children. ceiling for individual awards is than Federally recognized tribal $1,000,000. Applications exceeding the Projects Funded Under This Program governments), Non-profits having a $1,000,000 threshold will be returned Must Do the Following Things 501(C)3 status, and Non-profits that do without review. not have 501(C)3 status. Applications that fail to include the (a) Link children with mentors who Additional Information on Eligibility: required amount of cost-sharing will be have: Those eligible to apply for funding • considered non-responsive and will not Received training and support in under this grant competition include be eligible for funding under this mentoring; faith and community-based announcement. • Completed screening and reference organizations, tribal governments or checks, including child and domestic consortia, and State and local 2. Cost Sharing or Matching abuse records checks and criminal governments where substantial numbers For the first and second years of the background checks; and of children of prisoners live as grant, grantees must provide at least 25

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percent of the total Federal funds considered non-responsive and will not Registry (CCR). You should allow a awarded. In the third year of the grant, be eligible for funding under this minimum of five days to complete the the grantee must account for at least 50 announcement. CCR registration. percent of the total project budget. The Program Guidance: To be eligible for • You will not receive additional total approved cost of the project is the funding, a project must propose point value because you submit a grant sum of the Federal share and the non- mentoring programs and activities to application in paper format. Federal share. If the total project cost is serve the children of prisoners in areas • You may submit all documents $200,000, then the applicant must with a comparative severity of need for electronically, including all information demonstrate a commitment of at least a mentoring services, taking into typically included on the SF424 and all $50,000 match and request funding of consideration data on the numbers of necessary assurances and certifications. $150,000 from the Federal government. children (particularly of low-income • Your application must comply with The Federal share may be matched by children) with an incarcerated parent any page limitation requirements cash or in-kind contributions, although (or parents/family) from the service described in this program applicants are encouraged to meet their delivery area. announcement. • requirement through cash contributions. Applicants are cautioned that the After you electronically submit In determining the amount of the non- ceiling for individual awards is your application, you will receive an Federal share, the fair market value will $1,000,000. automatic acknowledgement from be attributed to goods, services Grants.Gov that contains a Grants.Gov (excluding mentoring time and services) IV. Application and Submission tracking number. The Administration and facilities contributed from non- Information for Children and Families will retrieve Federal sources. Mentoring time and your application from Grants.Gov. 1. Address to Request Application • services are not allowable as in-kind Package We may request that you provide costs. Grantees will be held accountable original signatures on forms at a later for commitments of non-Federal ACYF Operations, The Dixon Group, date. • resources even if they are over the ATTN: Sylvia Johnson, 118 Q Street, You may access the electronic amount of the required match. The NE., Washington DC 20002–2132; application for this program on http:// failure to provide the amount required Telephone: (866) 796–1591. E-mail www.Grants.Gov. You must search for will result in disallowance of Federal address: [email protected]. the downloadable application package share. 2. Content and Form of Application by the CFDA number. Applications that fail to include the Submission Application Requirements: Each required amount of cost-sharing will be application must be submitted in considered non-responsive and will not An original and two copies of the accordance with the guidance provided be eligible for funding under this complete application are required. The below. announcement. original and 2 copies must include all (a) The application must be signed by required forms, certifications, an individual authorized to act for the 3. Other (if Applicable) assurances, and appendices, be signed applicant agency and to assume On June 27, 2003, the Office of by an authorized representative, have responsibility for the obligations Management and Budget published in original signatures, and be submitted imposed by terms and conditions of the the Federal Register a new Federal unbound. Applicants have the option of grant award. policy applicable to all Federal grant omitting from the application copies (b) If more than one agency is applicants. The policy requires all (not the original) specific salary rates or involved in submitting a single Federal grant applicants to provide a amounts for individuals specified in the application, one entity must be Dun and Bradstreet Data Universal application budget. identified as the applicant organization Numbering System (DUNS) number You may submit your application to that will have legal responsibility for the when applying for Federal grants or us either in electronic or paper format. grant. cooperative agreements on or after To submit an application electronically, Forms and Certifications: The project October 1, 2003. The DUNS number will please use the http://www.Grants.Gov description should include all the be required whether an applicant is apply site. If you use Grants.Gov you information requirements described in submitting a paper application or using will be able to download a copy of the the specific evaluation criteria outlined the government-wide electronic portal application package, complete it off- in the program announcement under (http://www.Grants.gov). A DUNS line, and then upload and submit the Part V. In addition to the project number will be required for every application via the Grants.Gov site. You description, the applicant needs to application for a new award or renewal/ may not e-mail an electronic copy of a complete all the standard forms continuation of an award, including grant application to us. required for making applications for applications or plans under formula, Please note the following if you plan awards under this announcement. entitlement and block grant programs, to submit your application Applicants requesting financial submitted on or after October 1, 2003. electronically via Grants.Gov. assistance for non-construction projects Please ensure that your organization • Electronic submission is voluntary must file the Standard Form 424B, has a DUNS number. You may acquire • When you enter the Grants.Gov site, ‘‘Assurances: Non-Construction a DUNS number at no cost by calling the you will find information about Programs.’’ Applicants must sign and dedicated toll-free DUNS number submitting an application electronically return the Standard Form 424B with request line on 1–866–705–5711 or you through the site, as well as the hours of their applications. Applicants must may request a number on-line at operation. We strongly recommend that provide a certification regarding http://www.dnb.com. you do not wait until the application lobbying when applying for an award in Applications exceeding the deadline date to begin the application excess of $100,000. Applicants must $1,000,000 threshold will be returned process through Grants.Gov. sign and return the certification with without review. • To use Grants.Gov, you, as the their applications. Applicants must Applications that fail to include the applicant, must have a DUNS Number disclose lobbying activities on the required amount of cost-sharing will be and register in the Central Contractor Standard Form LLL when applying for

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an award in excess of $100,000. documentation, subject to the 10-page deadline if they are postmarked on or Applicants who have used non-Federal limit, must be numbered and might before April 23, 2004 or sent on or funds for lobbying activities in include brief resumes, position before the deadline date and received by connection with receiving assistance descriptions, proof of non-profit status ACF in time for the independent review. under this announcement shall (if applicable), news clippings, press Applications must be mailed to the complete a disclosure form, if releases, etc. Supplemental following address: ACYF Operations, applicable, with their applications. The documentation over the 10-page limit The Dixon Group, ATTN: Sylvia forms (Forms 424, 424A–B) and will not be reviewed. Johnson, 118 Q Street, NE., Washington, Certifications may be found at: http:// Applicants must include letters of DC 20002–2132. www.acf.hhs.gov/programs/ofs/ support or agreement, if appropriate or Applicants must ensure that a legibly forms.htm under new announcements. applicable, in reference to the project dated U.S. Postal Service postmark or a Fill out Standard Forms 424 and 424A description. Letters of support are not legibly dated, machine produced and the associated certifications and counted as part of the 30-page project postmark of a commercial mail service assurances based on the instructions on description limit or the 10-page is affixed to the envelope/package the forms. supplemental documentation limit. containing the application(s). To be Private, non-profit organizations are (Note: Applicable agreements are those acceptable as proof of a timely mailing, encouraged to submit with their between grantees and sub-grantees or a postmark from a commercial mail applications the survey located under sub-contractors or other cooperating service must include the logo/emblem ‘‘Grant Related Documents and Forms’’ entities which support or complement of the commercial mail service company titled ‘‘Survey for Private, Non-Profit the provision of mandated services to and must reflect the date the package Grant Applicants.’’ The forms are children of prisoners.) was received by the commercial mail located on the Web at http:// Application Assurances: In addition service company from the applicant. www.acf.hhs.gov/programs/ofs/ to the standard assurances of safety, Private Metered postmarks shall not be forms.htm. applicants must provide the following acceptable as proof of timely mailing. Project Summary Abstract: Provide a assurances: Applicants are cautioned that express/ one page (or less) summary of the • Mentors will not be assigned more overnight mail services do not always project description with reference to the children than can be served without deliver as agreed. funding request. undermining the mentor’s ability to be Applications hand-carried by Full Project Description effective. applicants, applicant couriers, or by Requirements: Describe the project • Grantees will recruit mentors who other representatives of the applicant clearly in 30 pages or less (not counting are committed to spending at least one shall be considered as meeting an supplemental documentation, letters of hour per week with assigned children announced deadline if they are received support or agreements) using the for a period of at least one year. on or before the deadline date, between following outline and guidelines. • The mentoring program will the hours of 8 a.m. and 4:30 p.m., e.s.t., Applicants are required to submit a Full provide children with emotional and at ACYF Operations, The Dixon Group, Project Description and must prepare academic support as well as exposure to ATTN: Sylvia Johnson, 118 Q Street, the project description statement in a variety of experiences that they might NE., Washington, DC 20002–2132, accordance with the following not otherwise encounter. between Monday and Friday (excluding instructions. The pages of the project • The program will be monitored to Federal holidays). This address must description must be numbered and are ensure that each child benefits from the appear on the envelope/package limited to 30 typed pages starting on match. If the match is not found to be containing the application with the note page 1 of ‘‘Objectives and Need of beneficial to the child a new mentor ‘‘ATTN: Sylvia Johnson’’. Applicants Assistance’’. The description must be will be assigned. are cautioned that express/overnight doubled-spaced, printed on only one • The program will cooperate with mail services do not always deliver as side, with at least 1⁄2 inch margins. any research or evaluation efforts agreed. Pages over the limit will be removed sponsored by the Administration for from the competition and will not be Children and Families. Late applications: Applications which reviewed. • The program will submit quarterly do not meet the criteria above are It is in the applicant’s best interest to program reports and annual financial considered late applications. ACF shall ensure that the project description is reports, as instructed by FYSB. notify each late applicant that its easy to read, logically developed in • The program will set aside funding application will not be considered in accordance with the evaluation criteria for travel to inform FYSB and meet with the current competition. and adheres to page limitations. In other grantees at an annual sharing and Extension of deadlines: ACF may addition, applicants should be mindful technical assistance meeting. extend application deadlines when of the importance of preparing and circumstances such as acts of God submitting applications using language, 3. Submission Dates and Times (floods, hurricanes, etc.) occur, or when terms, concepts and descriptions that The closing date for submission of there are widespread disruptions of are generally known by both the applications is April 23, 2004. Mailed mails service. Determinations to extend targeted youth and the broader youth applications postmarked after the or waive deadline requirements rest services field. The maximum number of closing date will be classified as late. with the Chief Grants Management pages for supplemental documentation Deadline: Mailed applications shall be Officer. is 10 pages. The supplemental considered as meeting an announced Required Forms:

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

Narrative ...... Described in Section I of Format described in Section V ...... By application due date. this Announcement. SF 424, SF 424A, and SF Per required form ...... May be found at http://www.acf.hhs.gov/programs/ofs/ By application due date. 424B. forms.htm.

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

Certification regarding Lob- Per required form ...... May be found at http://www.acf.hhs.gov/programs/ofs/ By application due date. bying and associated Dis- forms.htm. closure of Lobbying Activi- ties (SF LLL). Environmental Tobacco Per required form ...... May be found at http://www.acf.hhs.gov/programs/ofs/ By application due date. Smoke Certification. forms.htm.

Additional Forms: Private-non-profit located under ‘‘Grant Related for Private, Non-Profit Grant organizations may submit with their Documents and Forms’’ titled ‘‘Survey Applicants’’. applications the additional survey

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

Survey for Private, Non- Per required form ...... May be found on http://www.acf.hhs.gov/programs/ofs/ By application due date. Profit Grant Applicants. form.htm.

4. Intergovernmental Review applications and receive instructions. Eastern Standard Time on or before the Applicants must submit any required closing date. Applications should be State Single Point of Contact (SPOC) material to the SPOCs as soon as mailed to: This program is covered under possible so that the program office can ACYF Operations, The Dixon Group, Executive Order 12372, obtain and review SPOC comments as ATTN: Sylvia Johnson, 118 Q Street, ‘‘Intergovernmental Review of Federal part of the award process. The applicant NE., Washington, DC 20002–2132. Programs,’’ and 45 CFR Part 100, must submit all required materials, if For Hand Delivery: Applicant must ‘‘Intergovernmental Review of any, to the SPOC and indicate the date provide an original application with all Department of Health and Human of this submittal (or the date of contact attachments, signed by an authorized Services Programs and Activities.’’ if no submittal is required) on the representative and two copies. The Under the Order, States may design Standard Form 424, item 16a. Under 45 Application must be received at the their own processes for reviewing and CFR 100.8(a)(2), a SPOC has 60 days address below by 4:30 p.m. eastern commenting on proposed Federal from the application deadline to standard time on or before the closing assistance under covered programs. As comment on proposed new or date. Applications that are hand of June 20, 2001, the following competing continuation awards. delivered will be accepted between the jurisdictions have elected not to SPOCs are encouraged to eliminate hours of 8 a.m. to 4:30 p.m., Monday participate in the Executive Order the submission of routine endorsements through Friday. Applications may be process. Applicants from these as official recommendations. delivered to: ACYF Operations, The jurisdictions or for projects Additionally, SPOCs are requested to Dixon Group, ATTN: Sylvia Johnson, administered by federally-recognized clearly differentiate between mere 118 Q Street, NE.,Washington, DC Indian Tribes need take no action in advisory comments and those official 20002–2132. It is strongly recommended regard to E.O. 12372: State process recommendations which that applicants obtain documentation All States and Territories except may trigger the ‘‘accommodate or that the application was hand delivered Alabama, Alaska, Arizona, Colorado, explain’’ rule. on or before the closing date. Applicants Connecticut, Hawaii, Idaho, Indiana, Comments should be submitted are cautioned that express/overnight Kansas, Louisiana, Massachusetts, directly to Department of Health and mail services do not always deliver as Minnesota, Montana, Nebraska, New Human Services, Administration for agreed. Jersey, Ohio, Oklahoma, Oregon, Children and Families, Division of V. Application Review Information Pennsylvania, South Dakota, Tennessee, Discretionary Grants, 370 L’Enfant Vermont, Virginia, Washington and Promenade, SW., Washington, DC 1. Criteria Wyoming have elected to participate in 20447. A list of the Single Points of the Executive Order process and have Instructions: ACF Uniform Project Contact for each State and Territory is Description (UPD) established Single Point of Contacts included with the application materials (SPOCs). Applicants from these twenty- for this announcement. The following are instructions and five jurisdictions need take no action guidelines on how to prepare the regarding Executive Order 12372. 5. Funding Restrictions ‘‘project summary/abstract’’ and ‘‘Full Although the jurisdictions listed Applicants are cautioned that the Project Description’’ sections of the above no longer participate in the ceiling for individual awards is application. Under the evaluation process, entities which have met the $1,000,000. Applications exceeding the criteria section, note that each criterion eligibility requirements of the program $1,000,000 threshold will be returned is preceded by the generic evaluation are still eligible to apply for a grant even without review. requirement under the ACF Uniform if a State, Territory, Commonwealth, etc. Project Description (UPD). The UPD was does not have a SPOC. All remaining 6. Other Submission Requirements approved by the Office of Management jurisdictions participate in the Submission by Mail: An Applicant and Budget (OMB), Control Number Executive Order process and have must provide an original application 0970–0139, expiration date 03/31/04. established SPOCs. Applicants from with all attachments, signed by an The generic UPD requirement is participating jurisdictions should authorized representative and two followed by the evaluation criterion contact their SPOCs as soon as possible copies. The Application must be specific to the Promoting Safe and to alert them about the prospective received at the address below by 5 p.m. Stable Families Act.

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Objectives and Need for Assistance individuals who will work on the suggested that budget amounts and Clearly identify the physical, project along with a short description of computations be presented in a economic, social, financial, the nature of their effort or contribution. columnar format: first column, object class categories; second column, Federal institutional, and/or other problem(s) Staff and Position Data and budget; next column(s), non-Federal requiring a solution. The need for Organizational Profile assistance must be demonstrated and budget(s), and last column, total budget. Provide a biographical sketch for each the principal and subordinate objectives The budget justification should be a key person appointed and a job of the project must be clearly stated; narrative. description for each vacant key position. supporting documentation, such as A biographical sketch will also be Personnel letters of support and testimonials from required for new key staff as appointed. Description: Costs of new employee concerned interests other than the Provide information on the applicant applicant, may be included. Any salaries and wages. organization(s) and cooperating partners Justification: Identify the project relevant data based on planning studies such as organizational charts, financial should be included or referred to in the director or principal investigator, if statements, audit reports or statements known. For each staff person, provide endnotes/footnotes. Incorporate from CPAs/Licensed Public demographic data and participant/ the title, time commitment to the project Accountants, Employer Identification (in months), time commitment to the beneficiary information, as needed. In Numbers, names of bond carriers, developing the project description, the project (as a percentage or full-time contact persons and telephone numbers, equivalent), annual salary, grant salary, applicant may volunteer or be requested child care licenses and other to provide information on the total wage rates, etc. Do not include the costs documentation of professional range of projects currently being of consultants or personnel costs of accreditation, information on conducted and supported (or to be delegate agencies or of specific compliance with Federal/State/local initiated), some of which may be project(s) or businesses to be financed government standards, documentation outside the scope of the program by the applicant. of experience in the program area, and announcement. other pertinent information. Any Fringe Benefits Results or Benefits Expected nonprofit organization submitting an Description: Costs of employee fringe Identify the results and benefits to be application must submit proof of its benefits unless treated as part of an derived. For example, when applying application at the time of submission. approved indirect cost rate. for a grant to serve children of The nonprofit agency can accomplish Justification: Provide a breakdown of incarcerated parents, describe who will this by providing a copy of the the amounts and percentages that receive services, where and how the applicant’s listing in the Internal comprise fringe benefit costs such as services will be provided, and how the Revenue Service’s (IRS) most recent list health insurance, FICA, retirement services will benefit the youth, their of tax-exempt organizations described in insurance, taxes, etc. Section 501(C)(3) of the IRS code, or by families and the community. Travel providing a copy of the articles of Approach incorporation bearing the seal of the Description: Costs of project-related Outline a plan of action that describes State in which the corporation or travel by employees of the applicant the scope and detail of how the association is domiciled. organization (does not include costs of proposed work will be accomplished. consultant travel). Budget and Budget Justification Account for all functions or activities Justification: For each trip, show the identified in the application. Cite factors Provide line item detail and detailed total number of traveler(s), travel that might accelerate or decelerate the calculations for each budget object class destination, duration of trip, per diem, work and state your reason for taking identified on the Budget Information mileage allowances, if privately owned the proposed approach rather than form. Detailed calculations must vehicles will be used, and other others. Describe any unusual features of include estimation methods, quantities, transportation costs and subsistence the project such as design or unit costs, and other similar quantitative allowances. Travel costs for key staff to technological innovations, reductions in detail sufficient for the calculation to be attend ACF-sponsored workshops cost or time, or extraordinary social and duplicated. The detailed budget must should be detailed in the budget. community involvement. also include a breakout by the funding Equipment Provide quarterly reports of sources identified in Block 15 of the SF– accomplishments achieved for each 424. Provide a narrative budget Description: ‘‘Equipment’’ means an function or activity such as the number justification that describes how the article of nonexpendable, tangible of people served and the number of categorical costs are derived. Discuss personal property having a useful life of activities achieved. When activity or the necessity, reasonableness, and more than one year and an acquisition function cannot quantify allocability of the proposed costs. cost which equals or exceeds the lesser accomplishments, list them in of (a) the capitalization level established General chronological order to show the by the organization for the financial schedule of accomplishments and their The following guidelines are for statement purposes, or (b) $5,000. (Note: target dates. preparing the budget and budget Acquisition cost means the net invoice If any data is to be collected, justification. Both Federal and non- unit price of an item of equipment, maintained, and/or disseminated, Federal resources shall be detailed and including the cost of modifications, clearance may be required from the U.S. justified in the budget and narrative attachments, accessories, or auxiliary Office of Management and Budget justification. For purposes of preparing apparatus necessary to make it usable (OMB). This clearance pertains to any the budget and budget justification, for the purpose for which it is acquired. collection of information that is ‘‘Federal resources’’ refers only to the Ancillary charges, such as taxes, duty, conducted or sponsored by ACF. ACF grant for which you are applying. protective in-transit insurance, freight, List organizations, cooperating Non-Federal resources are all other and installation shall be included in or entities, consultants, or other key Federal and non-Federal resources. It is excluded from acquisition cost in

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accordance with organization’s regular currently has an indirect cost rate • The detailed plan designed to written accounting practices.) approval. identify, screen, and recruit mentors. Justification: For each type of Justification: An applicant that will The description of detailed volunteer equipment requested, provide a charge indirect costs to the grant must screening procedures to ensure that the description of the equipment, the cost enclose a copy of the current rate mentor poses no safety risk to the child per unit, the number of units, the total agreement. If the applicant organization and has the necessary skills to cost, and a plan for use on the project, is in the process of initially developing participate in a mentoring relationship. as well as use or disposal of the or renegotiating a rate, it should (10 points) equipment after the project ends. An immediately upon notification that an • The resources that will be applicant organization that uses its own award will be made, develop a tentative coordinated to support the needs of definition for equipment should provide indirect cost rate proposal based on its caretakers and other children in the a copy of its policy, which includes the most recently completed fiscal year in family setting. Also, when appropriate, equipment definition. accordance with the principles set forth the extent that the program proposes to in the cognizant agency’s guidelines for partner with identified programs Supplies establishing indirect cost rates and supporting incarcerated parents and Description: Costs of all tangible submit it to the cognizant agency. addresses their re-entry. (5 points) personal property other than that Applicants awaiting approval of their • The training process for mentors included under the Equipment category. indirect cost proposals may also request based on best practices which will Justification: Specify general indirect costs. It should be noted that ensure their ability to successfully categories of supplies and their costs. when an indirect cost rate is requested, mentor this special population. (5 Show computations and provide other those costs included in the indirect cost points) information that supports the amount pool should not also be charged as • The quality of the mechanism that requested. direct costs to the grant. Also, if the will be used to match children with applicant is requesting a rate which is mentors, demonstrating sensitivity to Contractual less than what is allowed under the the diverse needs of the children and Description: Costs of all contracts for program, the authorized representative the support provided for mentors in services and goods except for those that of the applicant organization must order to sustain long-term mentoring belong under other categories such as submit a signed acknowledgement that relationships. (5 points) equipment, supplies, construction, etc. the applicant is accepting a lower rate • The level of supervision, oversight, Third-party evaluation contracts (if than allowed. and monitoring of the child and mentor applicable) and contracts with Program Income relationships and activities. The secondary recipient organizations, description of the expected ratio of staff including delegate agencies and specific Description: The estimated amount of to mentors. The detailed plan for project(s) or businesses to be financed income, if any, expected to be generated collecting, on a monthly basis, data by the applicant, should be included from this project. documenting meetings and activities by under this category. Justification: Describe the nature, trained volunteer coordinators to ensure Justification: All procurement source and anticipated use of program personal oversight and safety of the transactions shall be conducted in a income in the budget or refer to the children and their mentors. (5 points) manner to provide, to the maximum pages in the application that contain Results and benefits expected in extent practical, open and free this information. determining the quality of expected competition. Recipients and sub Non-Federal Resources benefits the following factors are recipients, other than States that are considered: (20 points) Description: Amounts on non-Federal required to use Part 92 procedures, must • The extent to which goals, resources that will be used to support justify any anticipated procurement objectives, and outcomes to be achieved the project as identified in Block 15 of action that is expected to be awarded by the proposed project are clearly the SF–424. without competition and exceed the specified and measurable. (10 points) Justification: The firm commitment of • simplified acquisition threshold fixed at these resources must be documented The extent to which the methods of 41 U.S.C. 403(11)(currently set at and submitted with the application in evaluation will provide performance $100,000). Recipients might be required order to be given credit in the review feedback and permit periodic to make available to ACF pre-award process. A detailed budget must be assessment of progress toward achieving review and procurement documents, prepared for each funding source. intended outcomes. (5 points) such as request for proposals or • The extent to which outcomes invitations for bids; independent cost Total Direct Charges, Total Indirect reflect gains in positive social behaviors, estimates, etc. Charges, Total Project Costs youth engagement, and asset Note: Whenever the applicant intends to Self-explanatory. acquisition. (5 points) delegate part of the project to another agency, Staff and position data and the applicant must provide a detailed budget Assurance of Non-Construction organizational profile in reviewing the and budget narrative for each delegate Application requesting financial required staff and position data and the agency, by agency title, along with the assistance for non-construction projects organizational profile, the following required supporting information referred to must file the Standard Form 424B, factors are considered: (20 points) in these instructions. ‘‘Assurances: Non-Construction • A demonstrated history of Programs.’’ Applicants must sign and providing services to youth and families Indirect Charges return the Standard Form 424B with in disadvantaged situations, along with Description: Total amount of indirect their applications. the ability to partner and build costs. The Department of Health and Approach in determining the quality coalitions at the community level along Human Services (HHS) or another of the project design or approach the with specific definition of the area cognizant Federal agency should use following factors are considered: (30 where services are to be delivered. this category only when the applicant points) (Maps and graphic aids may be attached

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as part of the supplementary of federal funds received, as well as the applications under the Program documentation.) (10 points) accounting of cash and in-kind for the Narrative Statement by OMB (Approval • The extent to which community non-federal match. (5 points) Number 0980–0204). stakeholders, including parents, incarcerated parents, local community 2. Review and Selection Process 3. Reporting organizations, schools, government, All applications which are complete Programatic Reports: Quarterly. caretakers and children, have and conform to the requirements of this Financial Reports: Semi-Annually. participated in the project design. The program announcement will be subject Reporting Requirements: All grantees list and description of how these to a competitive review and evaluation are required to submit quarterly partners will contribute to the against the specific grant program program reports; grantees are also mentoring network. (5 points) criteria outlined in this announcement. required to submit semi-annual • The quality of skills, knowledge, This review will be conducted in expenditure reports using the required and experience of the project director Washington, DC, by panels of non- financial standard form (SF–269) which and project staff. This includes job Federal experts knowledgeable in the is located on the Internet at: http:// descriptions, as well as a description of areas related to children of prisoners, forms.psc.gov/forms/sf/SF–269.pdf. A staff training and specific cultural child development and human services. suggested format for the program report diversity training related to mentoring The overall panel review is managed by will be sent to all grantees after the the target population. (5 points) Federal staff. awards are made. Objectives and need for assistance in Application review panels will assign VII. Agency Contacts determining the need of assistance for a score to each application, identifying the proposed project, the following its strengths and weaknesses. Central Program Office Contact: Linda V. factors are considered: (15 points) office staff will conduct administrative Barnett, 370 L’Enfant Promenade, SW., • The conditions and characteristics reviews of those applications within Washington, DC 20447, (202) 401–9358, of youth and families affected by funding range. After all reviews have [email protected]. incarceration in the service delivery been completed, FYSB staff will Grants Management Office Contact: area. The description must demonstrate recommend the application for funding Sylvia Johnson, 370 L’Enfant an awareness of the special needs of this to the Commissioner, ACYF. The Promenade, SW., Washington, DC population, including service delivery Commissioner will make the final 20447, (202) 401–2344, gaps and the magnitude of the problem selection of the applications to be [email protected]. within the service delivery area. (5 funded. General: The Dixon Group, ACYF points) Operations Center, 118 Q Street, NE., • Please note that here will be a 5 The calculation of the number of percent set aside specifically for tribes Washington, DC 20002–2132, children with parents in prison and and tribal consortia. Telephone: (800) 351–2293 or (202) projection of the number of mentor- 245–9111 ext. 201. child matches proposed to be VI. Award Administration Information VIII. Other Information established and maintained annually 1. Award Notices under the program. (5 points) Additional information about this • The extent to which there are The successful applicants will be program and its purpose can be located existing support services for this notified through the issuance of a on the following websites: http:// population of youth, with specific Financial Assistance Award document www.ncfy.com, http:// references to coordination of courts, which will set forth the amount of funds www.manynet.org, http:// health and mental health care, social granted, the terms and conditions of the www.dhhs.gov/fbci. grant, the effective date of the grant, the services, school, and child welfare. It Dated: February 18, 2004. must be clear that the mentoring budget period for which initial support Wade F. Horn, program will complement and enhance, will be given, the non-Federal share to not duplicate available services and that be provided and the total project period Assistant Secretary for Children and Families. the mentoring program will work in for which support is contemplated. The [FR Doc. 04–3844 Filed 2–20–04; 8:45 am] conjunction with these services to Financial Assistance Award will be BILLING CODE 4184–01–P produce better outcomes for children signed by the Grants Officer. and families. (5 points) Organizations whose applications will Budget and budget justification in not be funded will be notified in writing DEPARTMENT OF HEALTH AND determining the soundness of the by the Administration on Children, HUMAN SERVICES Youth and Families. budget and budget justification, the National Institutes of Health following factors are considered: (15 2. Administrative and National Policy points) National Cancer Institute; Amended • Requirements The extent to which costs of the Notice of Meeting proposed program are reasonable and 45 CFR Part 74 and 45 CFR Part 92. justified in terms of numbers of children Paperwork Reduction Act of 1995 Notice is hereby given of a change in of prisoners, types and quantities of (Pub. L. 104–13): Under the Paperwork the meeting of the National Cancer services to be provided, and the Reduction Act of 1995, Public Law 104– Institute Special Emphasis Panel, anticipated results and benefits. 13, the Department is required to submit February 18, 2004, 7 p.m. to February Discussion should refer to the budget to the Office of Management and Budget 20, 2004, 1 p.m., Hilton Houston Plaza information presented on Standard (OMB) for review and approval any at Medical Center, 6633 Travis Street, Form 424 and 424A and the applicant’s reporting and record keeping Houston, TX, 77030 which was budget justification. (10 points) requirements or regulations including published in the Federal Register on • Identification of fiscal control and program announcements. This program January 22, 2004, 69 FR 3157–3158. accounting procedures that will be used announcement does not contain The meeting is being amended due to to ensure the prudent use, proper information collection requirements meeting location changed from Hilton disbursement, and accurate accounting beyond those approved for ACF grant Houston Plaza at Medical Center

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Houston, TX, to Radisson Hill Country DEPARTMENT OF HEALTH AND Dated: February 13, 2004. Resort & Spa San Antonio, TX. The HUMAN SERVICES LaVerne Y. Stringfield, meeting is closed to the public. Director, Office of Federal Advisory Dated: February 13, 2004. National Institutes of Health Committee Policy. LaVerne Y. Stringfield, [FR Doc. 04–3834 Filed 2–20–04; 8:45 am] National Heart, Lung, and Blood BILLING CODE 4140–01–M Director, Office of Federal Advisory Institute; Notice of Closed Meetings Committee Policy. [FR Doc. 04–3838 Filed 2–20–04; 8:45 am] Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–M Federal Advisory Committee Act, as HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice is hereby given of the following National Institutes of Health DEPARTMENT OF HEALTH AND meetings. HUMAN SERVICES National Institute on Aging; Notice of The meetings will be closed to the Closed Meetings National Institutes of Health public in accordance with the provisions set forth in sections Pursuant to section 10(d) of the National Cancer Institute; Notice of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Federal Advisory Committee Act, as Closed Meeting as amended. The grant applications and amended (5 U.S.C. Appendix 2), notice the discussions could disclose is hereby given of the following Pursuant to section 10(d) of the confidential trade secrets or commercial meetings. Federal Advisory Committee Act, as property such as patentable material, The meetings will be closed to the amended (5 U.S.C. Appendix 2), notice and personal information concerning public in accordance with the is hereby given of the following individuals associated with the grant provisions set forth in sections meeting. applications, the disclosure of which 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., The meeting will be closed to the would constitute a clearly unwarranted as amended. The grant applications and public in accordance with the invasion of personal privacy. the discussions could disclose provisions set forth in sections Name of Committee: National Heart, Lung, confidential trade secrets or commercial 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and Blood Institute Special Emphasis Panel, property such as patentable material, as amended. The contract proposals and Review of Programs for Genomic Application and personal information concerning the discussions could disclose (PGAs). individuals associated with the grant confidential trade secrets or commercial Date: March 4–5, 2004. applications, the disclosure of which property such as patentable material, Time: 7 a.m. to 5 p.m. would constitute a clearly unwarranted and personal information concerning Agenda: To review and evaluate grant invasion of personal privacy. individuals associated with the contract applications. Name of Committee: National Institute on proposals, the disclosure of which Place: Double Tree Rockville, 1750 Aging Initial Review Group, Clinical Aging Rockville Pike, Rockville, MD 20852. would constitute a clearly unwarranted Review Committee. Contact Person: Keith a Mintzer, Ph.D., Date: March 4–5, 2004. invasion of personal privacy. Scientific Review Administrator, Review Time: 6 p.m. to 5 p.m. Name of Committee: National Cancer Branch, Division of Extramural Affairs, Agenda: To review and evaluate grant Institute Special Emphasis Panel, SBIR National Heart, Lung, and Blood Institute, applications. Topics 200 & 201 (Cancer Communications). National Institutes of Health, 6701 Rockledge Place: Hyatt Regency Bethesda, One Date: March 25, 2004. Drive, Room 7186, MSC 7924, Bethesda, MD Bethesda Metro Center, 7400 Wisconsin Time: 8 a.m. to 6 p.m. 20892, 301–435–0280. Avenue, Bethesda, MD 20814. Agenda: To review and evaluate contract This notice is being published less than 15 Contact Person: Alicja L. Markowska, PhD., proposals. days prior to the meeting due to the timing DSC, Scientific Review Administrator, Scientific Review Office, National Institute Place: Holiday Inn Select Bethesda, 8120 limitations imposed by the review and on Aging, National Institutes of Health, Room Wisconsin Ave., Bethesda, MD 20814. funding cycle. Contact Person: Joyce C. Pegues, PhD, 2C212, 7201 Wisconsin Avenue, Bethesda, Name of Committee: National Heart, Lung, Scientific Review Administrator, Special MD 20814, 301–402–7703, and Blood Institute Special Emphasis Panel, Review and Resources Branch, Division of [email protected]. Extramural Activities, National Cancer Review of Granulomatous Lung Inflammation Name of Committee: National Institute on Institute, 6116 Executive Boulevard, Room in Sacroidosis (R21s). Aging Special Emphasis Panel, Epidemiology 7149, Bethesda, MD 20892, (301) 594–1286, Date: March 17, 2004. of Dementia. [email protected]. Time: 8 a.m. to 4 p.m. Date: March 7–8, 2004. Agenda: To review and evaluate grant Time: 6 p.m. to 5 p.m. (Catalogue of Federal Domestic Assistance applications. Agenda: To review and evaluate grant Program Nos. 93.392, Cancer Construction; Place: Double Tree Rockville, 1750 applications. 93.393, Cancer Cause and Prevention Rockville Pike, Rockville, MD 20852. Place: Hyatt Regency Bethesda, One Research; 93.394, Cancer Detection and Contact Person: Arthur N. Freed, Ph.D., Bethesda Metro Center, 7400 Wisconsin Diagnosis Research; 93.395, Cancer Avenue, Bethesda, MD 20814. Treatment Research; 93.396, Cancer Biology Review Branch, Room 7186, Division of Extramural Affairs, National Heart, Lung, and Contact Person: Ramesh Vemuri, PhD., Research; 93.397, Cancer Centers Support; National Institute on Aging, the Bethesda 93.398, Cancer Research Manpower; 93.399, Blood Institute, National Institutes of Health, 6701 Rockledge Drive, MSC 7924, Bethesda, Gateway Building, 7201 Wisconsin Avenue, Cancer Control, National Institutes of Health, Suite 2C212, Bethesda, MD 20892, 301–402– MD 20892, (301) 435–0280. HHS) 7700, [email protected]. Dated: February 13, 2004. (Catalogue of Federal Domestic Assistance Name of Committee: National Institute on Program Nos. 93.233, national Center for LaVerne Y. Stringfield, Aging Initial Review Group, Biological Aging Sleep Disorders Research; 93.837, Heart and Review Committee. Director, Office of Federal Advisory Vascular Diseases Research; 93.838, Lung Date: March 8–9, 2004. Committee Policy. Diseases Research; 93.839, Blood Diseases Time: 6 p.m. to 5 p.m. [FR Doc. 04–3840 Filed 2–20–04; 8:45 am] and Resources Research, National Institutes Agenda: To review and evaluate grant BILLING CODE 4140–01–M of Health, HHS) applications.

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Place: Holiday Inn Chevy Chase, 5520 Agenda: To review and evaluate grant and personal information concerning Wisconsin Avenue, Chevy Chase, MD 20815. applications. individuals associated with the contract Contact Person: Alessandra M. Bini, PhD., Place: National Institutes of Health, proposals, the disclosure of which Health Scientist Administrator, Scientific Gateway Building, Suite 2C212, 7201 would constitute a clearly unwarranted Review Office, National Institute on Aging, Wisconsin Ave., Bethesda, MD 20814, National Institutes of Health, 7201 Wisconsin (Telephone Conference Call). invasion of personal privacy. Avenue, Bethesda, MD 20892, 301–402– Contact Person: Louise L. Hsu, Ph.D., The Name of Committee: National Institute on 7708. Bethesda Gateway Building, 7201 Wisconsin Drug Abuse Special Emphasis Panel, ‘‘Virtual Name of Committee: National Institute on Avenue/Suite 2C212, Bethesda, MD 20892, Reality for the Neurobiological Study of Aging Initial Review Group, Behavior and (301) 496–7705. Drug-Brain-Behavior Interactions and Drug Social Science of Aging Review Committee. Name of Committee: National Institute on Abuse Treatment’’. Date: March 10–12, 2004. Aging Special Emphasis Panel, Genetics of Date: February 25, 2004. Time: 4 p.m. to 5 p.m. Longevity. Time: 1:30 p.m. to 3:30 p.m. Agenda: To review and evaluate grant Date: March 22–23, 2004. Agenda: To review and evaluate contract applications. Time: 6 p.m. to 5 p.m. proposals. Place: Hyatt Regency Bethesda, One Agenda: To review and evaluate grant Place: National Institutes of Health, 6101 Bethesda Metro Center, 7400 Wisconsin applications. Executive Boulevard, Room 220, Rockville, Avenue, Bethesda, MD 20814. Place: Holiday Inn Chevy Chase, 5520 MD 20852, (Telephone Conference Call). Contact Person: Alfonso R. Latoni, Ph.D., Wisconsin Avenue, Chevy Chase, MD 20815. Contact Person: Eric Zatman, Contract Scientific Review Administrator, Scientific Contact Person: Alessandra M. Bini, Ph.D., Review Specialist, Office of Extramural Review Office, National Institute on Aging, Health Scientist Administrator, Scientific Affairs, National Institute on Drug Abuse, Gateway Building 2C212, 7201 Wisconsin Review Office, National Institute on Aging, NIH, DHHS, Room 220, MSC 8401, 6101 Avenue, Bethesda, MD 20892, 301/496–9666, National Institutes of Health, Room 2C212, Executive Boulevard, Bethesda, MD 20892– [email protected]. 7201 Wisconsin Avenue, Bethesda, MD 8401, (301) 435–1438. 20814, 301–402–7708. This notice is being published less than 15 Name of Committee: National Institute on days prior to the meeting due to the timing Aging Initial Review Group, Neuroscience of Name of Committee: National Institute on limitations imposed by the review and Aging Review Committee. Aging Special Emphasis Panel, National funding cycle. Date: March 10–11, 2004. Alzheimer’s Coordinating Center. Time: 6 p.m. to 5 p.m. Date: March 26, 2004. (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Time: 1 p.m. to 4 p.m. Program Nos. 93.277, Drug Abuse Scientist applications. Agenda: To review and evaluate grant Development Award for Clinicians, Scientist Place: Hyatt Regency Bethesda, One applications. Development Awards, and Research Scientist Bethesda Metro Center, 7400 Wisconsin Place: National Institute on Aging, Awards; 93.278, Drug Abuse National Avenue, Bethesda, MD 20814. Gateway Building, 7201 Wisconsin Ave., Research Service Awards for Research Contact Person: Louise L. Huse, Ph.D., The 2C212, Bethesda, MD 20814, (Telephone Training; 93.279, Drug Abuse Research Bethesda Gateway Building, 7201 Wisconsin Conference Call). Programs, National Institutes of Health, HHS) Avenue/Suite 2C212, Bethesda, MD 20892, Contact Person: Ramesh Vemuri, Ph.D., Dated: February 13, 2004. (301) 496–9666, [email protected]. National Institute on Aging, The Bethesda LaVerne Y. Stringfield, Name of Committee: National Institute on Gateway Building, 7201 Wisconsin Avenue, Director, Office of Federal Advisory Aging Special Emphasis Panel, Chaperones, Suite 2C212, Bethesda, MD 20892, 301–402– Committee Policy. 7700, [email protected]. ROS Systems & IGF–I: Roles in Vascular [FR Doc. 04–3836 Filed 2–20–04; 8:45 am] Aging. (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–M Date: March 14–15, 2004. Program Nos. 93.866, Aging Research, Time: 5 p.m. to 8 p.m. National Institutes of Health, HHS) Agenda: To review and evaulate grant Dated: February 13, 2004. DEPARTMENT OF HEALTH AND applications. LaVerne Y. Stringfield, Place: Sheraton Chapel Hill, One Europa HUMAN SERVICES Drive, Chapel Hill, NC 27517. Director, Office of Federal Advisory Contact Person: Alfonso R. Latoni, Ph.D., Committee Policy. National Institutes of Health Scientific Review Administrator, Scientific [FR Doc. 04–3835 Filed 2–20–04; 8:45 am] National Institute of Mental Health; Review Office, National Institute on Aging, BILLING CODE 4140–01–M National Institutes of Health, 7201 Wisconsin Notice of Closed Meeting Avenue, Room 2C212, Bethesda, MD 20892, Pursuant to section 10(d) of the 301/496–9666, [email protected]. DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Name of Committee: National Institute on HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice Aging Special Emphasis Panel, Clinical Trial is hereby given of the following of Clioquinol. National Institutes of Health Date: March 18, 2004. meeting. The meeting will be closed to the Time: 2 p.m. to 4 p.m. National Institute on Drug Abuse; public in accordance with the Agenda: To review and evaluate grant Notice of Closed Meeting applications. provisions set forth in sections Place: National Institute on Aging, Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Gateway Building, 7201 Wisconsin Ave., Federal Advisory Committee Act, as as amended. The grant applications and 2C212, Bethesda, MD 20814, (Telephone amended (5 U.S.C. Appendix 2), notice the discussions could disclose Conference Call). is hereby given of the following confidential trade secrets or commercial Contact Person: Ramesh Vemuri, Ph.D., meeting. property such as patentable material, National Institute on Aging, The Bethesda The meeting will be closed to the and personal information concerning Gateway Building, 7201 Wisconsin Avenue, individuals associated with the grant Suite 2C212, Bethesda, MD 20892, 301–402– public in accordance with the 7700, [email protected]. provisions set forth in sections applications, the disclosure of which would constitute a clearly unwarranted Name of Committee: National Institute on 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Aging Special Emphasis Panel, Studies in as amended. The contract proposals and invasion of personal privacy. Early Alzheimer’s Disease. the discussions could disclose Name of Committee: National Institute of Date: March 19, 2004. confidential trade secrets or commercial Mental Health Special Emphasis Panel, Time: 1 p.m. to 3:30 p.m. property such as patentable material, Cooperative Review Agreement II.

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Date: February 26, 2004. Place: Holiday Inn Select Bethesda, 8120 Columbia (DC) State Incentive Grant Time: 11 a.m. to 12 p.m. Wisconsin Ave., Bethesda, MD 20814. (SIG) Program. Agenda: To review and evaluate grant Contact Person: Anne Krey, Scientific applications. Review Administrator, Division of Scientific SUMMARY: This notice is to inform the Place: National Institutes of Health, Review, National Institute of Child Health public that the Substance Abuse and Neuroscience Center, 6001 Executive and Human Development, NIH, 6100 Mental Health Services Administration Boulevard, Rockville, MD 20852, (Telephone Executive Blvd., room 5B01, Bethesda, MD (SAMHSA), Center for Substance Abuse Conference Call). 20892, 301–435–6908, [email protected]. Prevention (CSAP), intends to award Contact Person: Martha Ann Carey, PhD, (Catalogue of Federal Domestic Assistance RN, Scientific Review Administrator, approximately $300,000 (total costs) for Program Nos. 93.864, Population Research; a one-year project period to the District Division of Extramural Activities, National 93.865, Research for Mothers and Children; Institute of Mental Health, NIH, 93.929, Center for Medical Rehabilitation of Columbia (DC) State Incentive Grant Neuroscience Center, 6001 Executive Blvd., Research; 93.209, Contraception and (SIG) Program. This is not a formal Room 6151, MSC 9608, Bethesda, MD 20892– Infertility Loan Repayment Program, National request for applications. Assistance will 9608, 301–443–1606, [email protected]. Institutes of Health, HHS) be provided only to the District of This notice is being published less than 15 Dated: February 13, 2004. Columbia (DC) State Incentive Grant days prior to the meeting due to the timing (SIG) Program based on the receipt of a limitations imposed by the review and LaVerne Y. Stringfield, funding cycle. satisfactory application that is approved Director, Office of Federal Advisory by an independent review group. (Catalogue of Federal Domestic Assistance Committee Policy. Funding Opportunity Title: SP 04– Program Nos. 93.242, Mental Health Research [FR Doc. 04–3841 Filed 2–20–04; 8:45 am] 009. Grants; 93.281, Scientist Development BILLING CODE 4140–01–M Catalog of Federal Domestic Award, Scientist Development Award for Clinicians, and Research Scientist Award; Assistance (CFDA) Number: 93.243. Authority: Section 516 of the Public 93.282, Mental Health National Research DEPARTMENT OF HEALTH AND Service Awards for Research Training, Health Service Act, as amended. National Institutes of Health, HHS) HUMAN SERVICES Justification: Only the District of Columbia (DC) State Incentive Grant Dated: February 13, 2004. National Institutes of Health LaVerne Y. Stringfield, (SIG) Program is eligible to apply. The Substance Abuse and Mental Health Director, Office of Federal Advisory Center for Scientific Review; Amended Committee Policy. Notice of Meeting Services Administration (SAMHSA), Center for Substance Abuse Prevention [FR Doc. 04–3837 Filed 2–20–04; 8:45 am] (CSAP), is seeking to award a single BILLING CODE 4140–01–M Notice is hereby given of a change in the meeting of the Neural Basis of source supplemental grant to the DC SIG Psychopathology, Addictions and Sleep to support the expansion and bring to DEPARTMENT OF HEALTH AND Disorders Study Section, February 26, scale the Best Friends Foundation’s Best HUMAN SERVICES 2004, 8:30 a.m. to February 27, 2004, 5 Friends and Best Men Youth p.m. Governor’s House Hotel, 1615 Development Program by reaching a National Institutes of Health Rhode Island Avenue, NW., larger number of youth and schools. It Washington, DC 20036 which was has been shown that youth in DC National Institute of Child Health and published in the Federal Register on experience a large number of risk factors Human Development; Notice of Closed January 30, 2004, 69 FR 4526–4528. that impact significantly on their health, Meeting safety, and future productivity. The meeting will be held at the St. Pursuant to section 10(d) of the SAMHSA’s SIG programs provide States Gregory Hotel, 2033 M Street, NW., with an opportunity to focus resources Federal Advisory Committee Act, as Washington, DC 20036. The dates and amended (5 U.S.C. Appendix 2), notice to address risk and protective factors time remain the same. The meeting is and achieve positive outcomes by is hereby given of the following closed to the public. meeting. implementing programs that work. The Dated: February 13, 2004. The meeting will be closed to the DC SIG has previously supported the public in accordance with the LaVerne Y. Stringfield, Best Friends Programs by implementing provisions set forth in sections Director, Office of Federal Advisory the programs in 13 DC Public Schools, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. reaching 188 youth. A supplemental as amended. The grant applications [FR Doc. 04–3839 Filed 2–20–04; 8:45 am] award to the DC SIG will build on the and/or contract proposals and the BILLING CODE 4140–01–M initial investment and enable the Best discussions could disclose confidential Friends Program to be expanded to trade secrets or commercial property reach more youth through its such as patentable material, and DEPARTMENT OF HEALTH AND curriculum and activities. This personal information concerning HUMAN SERVICES supplement will facilitate funds being individuals associated with the grant awarded more expeditiously so the Substance Abuse and Mental Health program can be implemented in 2004. applications and/or contract proposals, Services Administration the disclosure of which would Since Best Friends has demonstrated positive outcomes, it furthers the goals constitute a clearly unwarranted Fiscal Year (FY) 2004 Funding invasion of personal privacy. and objectives of the DC SIG by Opportunity engaging community based Name of Committee: National Institute of organizations to improve prevention AGENCY: Center for Substance Abuse Child Health and Human Development Initial services for youth. It will address risk Review Group Function, Integration, and Prevention, Substance Abuse and and protective factors for DC youth and Rehabilitation Sciences Subcommittee. Mental Health Services Administration, help achieve positive outcomes. Date: March 15, 2004. HHS. Time: 8 a.m. to 5 p.m. Contact: Sheri Rucker, SAMHSA/ Agenda: To review and evaluate grant ACTION: Notice of intent to award a CSAP, Division of State & Community applications and/or proposals. single source grant to the District of Systems Development, 5600 Fishers

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Lane, Rockwall II, 9th Floor, Rockville, In accordance with the above Preparedness and Response Directorate, MD 20857; telephone: (301) 443–2288; considerations, and in order to afford U.S. Department of Homeland Security e-mail: [email protected]. the benefits intended from the ACTION: Notice and request for Dated: February 13, 2004. republication of the program comments. Daryl Kade, announcements and NOFAs to those SUMMARY: The Federal Emergency Director, Office of Policy, Planning and already planning to apply under the two Budget, Substance Abuse and Mental Health NOFAs identified, SAMHSA hereby Management Agency, as part of its Services Administration. notifies the public, and particularly continuing effort to reduce paperwork [FR Doc. 04–3766 Filed 2–20–04; 8:45 am] those who planned to apply in response and respondent burden, invites the general public and other Federal BILLING CODE 4162–20–P to those NOFAs, that the receipt date for both programs will now be March 31, agencies to take this opportunity to 2004, and the NOFAs will be comment on a proposed revised DEPARTMENT OF HEALTH AND republished to reflect the screening information collection. In accordance HUMAN SERVICES revisions and new receipt dates. Since with the Paperwork Reduction Act of all applications, whenever submitted, 1995 (44 U.S.C. 3506(c)(2)(A)), this Substance Abuse and Mental Health will be processed under the revised notice seeks comments concerning the Services Administration standards, those applying under either standardization and consistent use of of those NOFAs should await and study FEMA grant administrative forms for Notice of Extension of Receipt Dates the revised documents before disaster and non-disaster federal and Planned Republication of SAMHSA submitting their applications. Any assistance. Grant Announcements SM 04–003, applicant who has already applied may SUPPLEMENTARY INFORMATION: Statewide Consumer Network Grants, This request return of the application and by information collection is in accordance and SM 04–004, Statewide Family the new receipt date resubmit a revised Network Grants; and Planned with the requirements in 44 CFR, part one, or submit a revised application 13, Uniform Administrative Republication of Standing Grant with a cover letter telling us it is a Program Announcements Requirements for Grants and replacement for one previously Cooperative Agreements to State and SUMMARY: The Substance Abuse and submitted. Local Government (subpart B, 13.10, Mental Health Services Administration FOR FURTHER INFORMATION CONTACT: For and subpart C, 13.32, 13.33, 13.40, (SAMHSA), for Fiscal Year 2004, the CMHS Statewide Consumer 13.41, and subpart D, 13.50). This is published four standard grant Network Grants, Risa Fox, SAMHSA/ FEMA’s implementation of the Common announcements, which established Center for Mental Health Services, 5600 Rule for grant programs. mandatory formatting requirements for Fishers Lane, Room 11C–22, Rockville, The Senior Procurement Executive all applications that would be processed MD 20857; 301–443–3653; e-mail: (SPE) has determined that in order to in accordance with the terms of those [email protected]. have consistent implementation of standing announcements. The standard For the CMHS Statewide Family FEMA grant administrative policies, it is grant announcements did not directly Network Grants, Elizabeth Sweet, necessary to standardize the particular solicit any applications. Rather, they are SAMHSA/CMHS, Child, Adolescent forms that FEMA uses in the various to be used in conjunction with Notices and Family Branch, Center for Mental grant programs throughout the agency. of Funding Availability (NOFAs), which Health Services, 5600 Fishers Lane, Collection of Information solicit applications for specific Room 11C–16, Rockville, MD 20857; opportunities pursuant to the standard 301–443–1333; e-mail: Title: FEMA Grant Administrative announcements. [email protected]. For grants Forms. Upon further consideration, SAMHSA management issues, Kimberly Type of Information Collection: believes the formatting requirements Pendleton, SAMHSA/OPS/DGM, 5600 Revision of a currently approved common to those announcements, and Fishers Lane, Rockwall II, Room 630, collection. motivated by SAMHSA’s desire to Rockville, MD 20857; 301–443–6133; e- OMB Number: 1660–0025. assure equitable opportunity and a mail: [email protected]. Form Numbers: SF 424, Application ‘‘level playing field’’ to all applicants, for Federal Assistance; FF 20–10, Dated: February 13, 2004. will not best serve the public until we Financial Status Report; FF 20–15, revise and republish them. Accordingly, Daryl Kade, Budget Information-Construction we will quickly revise the identical Director, Office of Policy, Planning and Programs; FF 20–16, A,B,C Summary formatting discussions of all four Budget, Substance Abuse and Mental Health Sheet for Assurances and Certifications, Services Administration. standing grant program announcements FF 20–17, Outlay Report and Request and republish them in their entirety for [FR Doc. 04–3765 Filed 2–20–04; 8:45 am] for Reimbursement for Construction ease of the users. These formatting BILLING CODE 4162–20–P Programs; FF 20–18, Report of requirements are used for preliminary Government Property; FF 20–19, screening out of noncomplying Reconciliation of Grants and applications in order to assure some DEPARTMENT OF HOMELAND Cooperative Agreements; FF 20–20, applicants do not obtain a competitive SECURITY Budget Information-Non-construction advantage through failure to comply. Programs; and FF 76–10A, Obligating The revised screening criteria will be Federal Emergency Management Document for Award/Amendment. more lenient, permitting a greater Agency Abstract: The collection of number of applications to be reviewed. Agency Information Collection information focuses on the We had already solicited applications Activities: Proposed Collection; standardization and consistent use of under two NOFAs, which we will now Comment Request standard and FEMA forms associated also revise to address the revised with grantees requests for disaster and announcements and their AGENCY: Federal Emergency non-disaster Federal assistance interdependent screening requirements. Management Agency, Emergency submission of financial and

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administrative reporting, and record • Pre-Disaster Mitigation (PDM)—To and property, and to improve State dam keeping. The use of the forms will provide States and communities with a safety programs. minimize burden on the respondents much needed source of pre-disaster • Emergency Management and enable FEMA to continue to mitigation funding for cost-effective Performance Grants (EMPG)—To improve in its grants administration hazard mitigation activities that are part encourage the development of practices. The following FEMA grants of a comprehensive mitigation program, comprehensive emergency management, are included in this collection: and that reduce injuries, loss of life, and including for terrorism consequence • Individual and Family Grants damage and destruction of property. management, at the State and local level (IFG)—To provide funds for the • National Urban Search and Rescue and to improve emergency planning, necessary expenses and serious needs of (US&R) Response System—To develop preparedness, mitigation, response, and disaster victims which cannot be met an immediately deployable, national recovery capabilities. through other forms of disaster response capability to locate and • Community Emergency Response assistance or through other means such extricate, and medically stabilize Teams (CERT)—The purpose of the as insurance. victims of structural collapse during a • CERT program is to assist State and Public Assistance Grants (PA)—To disaster, while simultaneously local efforts to start or expand CERT provide supplemental assistance to enhancing the US&R response training and activities that contribute to States, local governments, and political capabilities of State and local the strengthening of homeland security subdivisions to the State, Indian Tribes, governments. • by enhancing individual, community, Alaskan Native Villages, and certain Community Assistance Program- family, and workplace preparedness. nonprofit organizations in alleviating State Support Services Element (CAP– • Interoperable Communications suffering and hardship resulting from SSSE)—To ensure that communities Equipment (ICE)—To provide funding major disasters or emergencies declared participating in the National Flood to jurisdictions across the nation for by the President. Insurance Program (NFIP) are achieving demonstration projects on uses of • Crisis Counseling (SCC)—To flood loss reduction measures consistent equipment and technologies to increase provide immediate crisis counseling with program direction. The CAP–SSSE communications interoperability among services, when required, to victims of a is intended to identify, prevent and the fire service, law enforcement, and major Federally-declared disaster for the resolve floodplain management issues emergency medical service purpose of relieving mental health in participating communities before communities. These projects will problems caused or aggravated by a they develop into problems requiring illustrate and encourage the acceptance major disaster or its aftermath. enforcement action. • Hazard Mitigation Grant (HMGP)— • Chemical Stockpile Emergency of new technologies and operating To provide States and local Preparedness Program (CSEPP)—To methods to assist communities in governments financial assistance to enhance emergency preparedness achieving interoperability. • implement measures that will capabilities of the States and local Cooperating Technical Partners permanently reduce or eliminate future communities at each of the eight (CTP)—To increase local involvement damages and losses from natural chemical agent stockpile storage in, and ownership of, the development hazards through safer building practices facilities. The purpose of the program is and maintenance of flood hazard maps and improving existing structures and to assist States and local communities in produced for the National Flood supporting infrastructure. efforts to improve their capacity to plan Insurance Program (NFIP). • Flood Mitigation Assistance for and respond to accidents associated Affected Public: State, Local or Tribal (FMA)—To assist States and with the storage and ultimate disposal Government. communities in implement measures to of chemical warfare materials. Estimated Total Annual Burden reduce or eliminate the long-term risk of • National Dam Safety Program Hours: 2,480,148.5 for disaster grants flood damage to buildings, (NDSP)—To encourage the and 15,426.7 for non-disaster grants for manufactured homes, and other establishment and maintenance of a total of 2,495,575.2 burden hours. A structures insurable under the National effective State programs intended to breakdown of the burden is as charted Flood Insurance Program (NFIP). ensure dam safety, to protect human life below:

DISASTER PROGRAMS

Total burden Disaster program data collections Number of Number of Hour burden hours × 50 dis- respondents responses per response asters annually

IFG: SF 424 ...... 56 1 45 minutes ...... 2,100 FF 20–20 ...... 56 1 9.7 hours...... 27,300 FF 20–16,A,B,C ...... 56 1 1.7 hours...... 4,900 FF 20–10 ...... 56 1 1 hour...... 2,800

Total ...... 56 4 ...... 37,100

PA: SF 424 ...... 56 1 45 minutes ...... 2,100 FF 20–20 ...... 56 1 9.7 hours...... 27,300 FF 20–16,A,B,C, ...... 56 1 1.7 hours...... 4,900 FF 20–10 ...... 56 1 1 hour...... 2,800

Total ...... 56 4 ...... 37,100

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DISASTER PROGRAMS—Continued

Total burden Disaster program data collections Number of Number of Hour burden hours × 50 dis- respondents responses per response asters annually

SCC: SF 424 ...... 17 1 45 minutes ...... 637.5 FF 20–16,A,B,C ...... 17 1 1.7 hours...... 1,487.5 FF 20–10 (SF 269) ...... 17 1 1 hour ...... 850 SF LLL ...... 17 1 10 minutes ...... 141.5

Total ...... 17 4 ...... 3,116.5

HMGP: SF 424 ...... 52 1 45 minutes ...... 1,950 FF 20–20 ...... 52 15 9.7 hours...... 380,250 FF 20–16,A,B,C ...... 52 1 1.7 hours...... 4,550 FF 20–10 ...... 52 4 1 hour...... 10,400 FF 20–17 ...... 52 15 17.2 hours...... 672,750 FF 20–18 ...... 52 6 4.2 hours...... 66,300 FF 20–19 ...... 52 6 5 minutes...... 1,300 SF LLL ...... 52 1 10 minutes ...... 433

Total ...... 52 49 ...... 1,137,933

FMA: SF 424 ...... 56 3 45 minutes ...... 6,300 FF 20–20 ...... 56 3 9.7 hours...... 81,900 FF 20–16,A,B,C ...... 56 1 1.7 hours...... 4,900 FF 76–10A ...... 56 3 1.2 hours...... 10,500 FF 20–10 ...... 56 4 1 hour...... 11,200 FF 20–18 ...... 56 1 4.2 hours...... 11,900 FF 20–19 ...... 56 1 5 minutes...... 233 SF LLL ...... 56 1 10 minutes ...... 466.5

Total ...... 56 17 ...... 127,399.5

PDM: SF 424 ...... 56 2 45 minutes ...... 4,200 FF 20–15 ...... 56 1 17.2 hours...... 48,300 FF 20–20 ...... 56 2 9.7 hours...... 54,600 FF 76–10A ...... 56 2 1.2 hours...... 7,000 FF 20–16,A,B,C ...... 56 2 1.7 hours...... 9,800 FF 20–10 ...... 56 8 1 hour...... 22,400 FF 20–17 ...... 56 20 17.2 hours...... 966,000 FF 20–18 ...... 56 2 4.2 hours...... 23,800 FF 20–19 ...... 56 2 5 minutes...... 466.5 SF LLL ...... 56 2 10 minutes ...... 933

Total ...... 56 43 ...... 1,137,499.5

NON-DISASTER PROGRAMS

Number of Number of Hour burden Total burden Non-disaster program data collection respondents responses per response hours

US&R: SF 424 ...... 28 1 45 minutes ...... 21 FF 20–20 ...... 28 1 9.7 hours...... 7,644 FF 20–16,A,B,C ...... 28 1 1.7 hours...... 49 FF 76–10A ...... 28 1 1.2 hours...... 35 FF 20–10 (SF 270) ...... 28 1 1 hour ...... 28 SF LLL ...... 28 1 10 minutes ...... 4.7

Total ...... 28 6 ...... 7,781.7

CAP-SSSE: SF 424 ...... 56 1 45 minutes ...... 42 FF 20–20 ...... 56 1 9.7 hours...... 546 FF 20–15 ...... 56 1 17.2 hours...... 966 FF 20–16,A,B,C ...... 56 1 1.7 hours...... 98 FF 76–10A ...... 56 1 1.2 hours...... 70 FF 20–10 ...... 56 1 1 hour...... 56 FF 20–18 ...... 56 1 4.2 hours ...... 238 FF 20–19 ...... 56 1 5 minutes...... 4.7

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NON-DISASTER PROGRAMS—Continued

Number of Number of Hour burden Total burden Non-disaster program data collection respondents responses per response hours

SF LLL ...... 56 1 10 minutes ...... 9.5

Total ...... 56 9 ...... 2,030.2

CSEPP: SF 424 ...... 10 1 45 minutes ...... 7.5 FF 20–20 ...... 10 1 9.7 hours...... 97.5 FF 20–10 ...... 10 1 1 hour...... 10 FF 20–16,A,B,C ...... 10 1 1.7 hour...... 17.5 FF 76–10A ...... 10 1 1.2 hour...... 12.5 FF 20–10 ...... 10 1 1 hour...... 10 FF 20–18 ...... 10 1 4.2 hours...... 42.5 FF 20–19 ...... 10 1 5 minutes...... *50 SF LLL ...... 10 1 10 minutes ...... 1.7

Total ...... 10 9 ...... 200

NDSP: SF 424 ...... 51 1 45 minutes ...... 38.2 FF 20–20 ...... 51 1 9.7 hours...... 497.2 FF 20–16,A,B,C ...... 51 1 1.7 hours...... 89.2 FF 76–10A ...... 51 1 1.2 hours...... 63.7 FF 20–10 (SF 270) ...... 51 1 1 hour ...... 51 SF LLL ...... 51 1 10 minutes ...... 8.5

Total ...... 51 6 ...... 748

EMPG: SF 424 ...... 56 1 45 minutes ...... 42 FF 20–20 ...... 56 1 9.7 hours...... 546 FF 20–15 ...... 56 1 17.2 hours...... 966 FF 20–16,A,B,C ...... 56 1 1.7 hours...... 98 FF 76–10A ...... 56 1 1.2 hours...... 70 FF 20–10 ...... 56 2 1 hour...... 112 FF 20–17 ...... 56 1 17.2 hours...... 966 FF 20–18 ...... 56 1 4.2 hours...... 238 FF 20–19 ...... 56 1 5 minutes...... 4.7 SF LLL ...... 56 1 10 minutes ...... 9.5

Total ...... 56 11 ...... 3,052.2

CERT: SF 424 ...... 56 1 45 minutes ...... 42 FF 20–20 ...... 56 1 9.7 hours...... 546 FF 20–16,A,B,C ...... 56 1 1.7 hours...... 98 FF 20–10 ...... 56 1 1 hour...... 56 SF LLL ...... 56 1 10 minutes ...... 9.5

Total ...... 56 5 ...... 751.5

ICE: SF 424 ...... 17 1 45 minutes ...... 12.7 FF 20–20 ...... 17 1 9.7 hours...... 165.7 FF 20–16,A,B,C ...... 17 1 1.7 hours...... 29.7 FF 76–10A ...... 17 1 1.2 hours...... 21.2 FF 20–10 ...... 17 1 1 hour...... 17 SF LLL ...... 17 1 10 minutes ...... 3

Total ...... 17 6 ...... 249.5

CTP: SF 424 ...... 20 1 45 minutes ...... 15 FF 20–20 ...... 20 1 9.7 hours...... 195 FF 20–15 ...... 20 1 17.2 hours...... 345 FF 20–16,A,B,C ...... 20 1 1.7 hours...... 35 FF 20–10 ...... 20 1 1 hour...... 20 SF LLL ...... 20 1 10 minutes ...... 3.5

Total ...... 20 6 ...... 613.5

* Minutes.

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Estimated Cost: See Table below.

DISASTER PROGRAMS

Average FEMA forms Number of Hours per hourly wage Estimated respondents response rate annual cost

SF 424...... 56 2,100 21.62 $45,402.00 FF 20–20 ...... 56 27,300 21.62 590,226.00 FF 20–15 ...... 56 48,300 21.62 1,044,246.00 FF 20–16,A,B,C ...... 56 4,900 21.62 105,938.00 FF 76–10A ...... 56 70 21.62 1,513.40 FF 20–10 ...... 56 2,800 21.62 60,536.00 FF 20–17 ...... 56 48,300 21.62 1,044,246.00 FF 20–18 ...... 56 11,900 21.62 257,278.00 FF 20–19 ...... 56 233.2 21.62 5,042.86 SF LLL...... 56 466.5 21.62 10,085.73

Total ...... 56 146,369.7 ...... 3,164,513.99

NON-DISASTER PROGRAMS

Average FEMA forms Number of Hours per hourly wage Estimated respondents response rate annual cost

SF 424 ...... 56 42 21.62 $908.04 FF 20–20 ...... 56 546 21.62 11,804.52 FF 20–15 ...... 56 966 21.62 20,884.92 FF 20–16,A,B,C ...... 56 98 21.62 2,118.76 FF 76–10A ...... 56 70 21.62 1,513.40 FF 20–10 ...... 56 56 21.62 1,210.72 FF 20–17 ...... 56 966 21.62 20,884.92 FF 20–18 ...... 56 238 21.62 5,145.56 FF 20–19 ...... 56 4.7 21.62 102.69 SF LLL ...... 56 9.5 21.62 205.39

Total ...... 56 2,996.2 ...... 64,778.92 Approximate annual salary of State and local person completing form is $40,000. Approximate hourly rate of pay ($40,000 divided by 1850 hours) is $21.62. The total cost to respondents is estimated to be $3,229,292.91 (149,366 hours x $21.62).

Comments: Written comments are 20472, facsimile number (202) 646– DEPARTMENT OF HOMELAND solicited to (a) evaluate whether the 3347, or email address SECURITY proposed data collection is necessary for [email protected]. the proper performance of the agency, Federal Emergency Management including whether the information shall FOR FURTHER INFORMATION CONTACT: Agency have practical utility; (b) evaluate the Contact Arlene Ramsey, Grants [FEMA–1505–DR] accuracy of the agency’s estimate of the Management Specialist, Grants burden of the proposed collection of Management Branch, 202–646–4531, for California; Amendment No. 1 to Notice information, including the validity of additional information. You may of a Major Disaster Declaration the methodology and assumptions used; contact Ms. Anderson for copies of the (c) enhance the quality, utility, and proposed information collection (see AGENCY: Federal Emergency clarity of the information to be ADDRESSES information above). Management Agency, Emergency Preparedness and Response Directorate, collected; and (d) minimize the burden Dated: February 12, 2004. of the collection of information on those Department of Homeland Security. Edward W. Kernan, who are to respond, including through ACTION: Notice. the use of appropriate automated, Division Director, Information Resources electronic, mechanical, or other Management Division, Information SUMMARY: This notice amends the notice technological collection techniques or Technology Services Directorate. of a major disaster for the State of other forms of information technology, [FR Doc. 04–3808 Filed 2–20–04; 8:45 am] California (FEMA–1505–DR), dated e.g., permitting electronic submission of BILLING CODE 9110–07–P January 13, 2004, and related responses. Comments must be received determinations. on or before April 23, 2004. EFFECTIVE DATE: February 6, 2004. ADDRESSES: Interested persons should FOR FURTHER INFORMATION CONTACT: submit written comments on the Magda Ruiz, Recovery Division, Federal proposed information collection to Emergency Management Agency, Muriel B. Anderson, Chief, Records Washington, DC 20472, (202) 646–2705. Management Branch, FEMA at 500 C SUPPLEMENTARY INFORMATION: Notice is Street, SW., Room 316, Washington, DC hereby given that the incident period for

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this disaster is closed effective February Counseling; 97.033, Disaster Legal Services Grant (IFG) Program; 83.544, Public 6, 2004. Program; 97.034, Disaster Unemployment Assistance Grants; 83.545, Disaster Housing Assistance (DUA); 97.046, Fire Management Program; 83.548, Hazard Mitigation Grant (The following Catalog of Federal Domestic Assistance; 97.048, Individual and Program) Assistance Numbers (CFDA) are to be used Household Housing; 97.049, Individual and Michael D. Brown, for reporting and drawing funds: 97.030, Household Disaster Housing Operations; Community Disaster Loans; 97.031, Cora 97.050 Individual and Household Program— Under Secretary, Emergency Preparedness Brown Fund Program; 97.032, Crisis Other Needs, 97.036, Public Assistance and Response, Department of Homeland Counseling; 97.033, Disaster Legal Services Grants; 97.039, Hazard Mitigation Grant Security. Program; 97.034, Disaster Unemployment Program.) [FR Doc. 04–3809 Filed 2–20–04; 8:45 am] Assistance (DUA); 97.046, Fire Management BILLING CODE 6718–02–P Assistance; 97.048, Individual and Michael D. Brown, Household Housing; 97.049, Individual and Under Secretary, Emergency Preparedness Household Disaster Housing Operations; and Response, Department of Homeland 97.050 Individual and Household Program- DEPARTMENT OF HOMELAND Security. SECURITY Other Needs, 97.036, Public Assistance [FR Doc. 04–3811 Filed 2–20–04; 8:45 am] Grants; 97.039, Hazard Mitigation Grant Program) BILLING CODE 9110–10–P National Communications System Michael D. Brown, AGENCY: National Communications Under Secretary, Emergency Preparedness DEPARTMENT OF HOMELAND System (NCS), DHA. and Response, Department of Homeland SECURITY ACTION: Notice of closed meeting. Security. [FR Doc. 04–3810 Filed 2–20–04; 8:45 am] Federal Emergency Management SUMMARY: A meeting of the President’s BILLING CODE 9110–10–P Agency National Security Telecommunications Advisory Committee (NSTAC) will be [FEMA–1503–DR] held via conference call on Thursday, March 4, 2004, from 1 p.m. to 2 p.m. DEPARTMENT OF HOMELAND Virgin Islands; Amendment No. 1 to SECURITY The NSTAC is subject to the Federal Notice of a Major Disaster Declaration Advisory Committee Act (FACA), Public Federal Emergency Management AGENCY: Federal Emergency Law 92–463, as amended (5 U.S.C. App. Agency Management Agency, Emergency II.) The conference call will be closed to the public to allow for discussion of: [FEMA–1507–DR] Preparedness and Response Directorate, • Department of Homeland Security. Financial Services Infrastructure Update. Ohio; Amendment No. 2 to Notice of a ACTION: Notice. Major Disaster Declaration Since discussion regarding SUMMARY: This notice amends the notice vulnerabilities of the financial services AGENCY: Federal Emergency of a major disaster for the Virgin Islands, infrastructure could reveal company Management Agency, Emergency (FEMA–1503–DR), dated December 9, proprietary information, it is necessary Preparedness and Response Directorate, 2003, and related determinations. to close this meeting. Closing this Department of Homeland Security. meeting is consistent with 5 U.S.C. EFFECTIVE DATE: February 10, 2004. ACTION: Notice. 552(b)(4). FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Call SUMMARY: This notice amends the notice Magda Ruiz, Recovery Division, Federal Ms. Kiesha Gebreyes, (703) 607–6134, or of a major disaster declaration for the Emergency Management Agency, write the Manager, National State of Ohio (FEMA–1507–DR), dated Washington, DC 20472, (202) 646–2705. Communications System, 701 South January 26, 2004, and related SUPPLEMENTARY INFORMATION: Notice is Court House Road, Arlington, Virginia determinations. hereby given that special conditions are 22204–2198. EFFECTIVE DATE: February 11, 2004. warranted regarding the cost-sharing arrangements concerning Federal funds Peter M. Fonash, FOR FURTHER INFORMATION CONTACT: provided under the authority of Robert Federal Register Liaison Officer, National Magda Ruiz, Recovery Division, Federal T. Stafford Disaster Relief and Communications System. Emergency Management Agency, Emergency Assistance Act, 42 U.S.C. [FR Doc. 04–3829 Filed 2–20–04; 8:45 am] Washington, DC 20472, (202) 646–2705. 5121–5206 (Stafford Act). Therefore, BILLING CODE 4410–10–M SUPPLEMENTARY INFORMATION: The notice consistent with the Insular Areas Act, of a major disaster declaration for the 48 U.S.C. 1469a(d), and the President’s State of Ohio is hereby amended to declaration letter dated December 9, DEPARTMENT OF HOUSING AND include the Hazard Mitigation Grant 2003, Federal funding for the Hazard URBAN DEVELOPMENT Program for the following areas among Mitigation Grant Program is authorized [Docket No. FR–4912–N–03] those areas determined to have been at 100 percent of total eligible costs for adversely affected by the catastrophe the Virgin Islands. This cost share is Notice of Intent To Prepare a Draft declared a major disaster by the effective as of the date of the President’s Environmental Impact Statement for President in his declaration of January major disaster declaration. the Marysville Hotel Demolition 26, 2004: (The following Catalog of Federal Domestic Project, City of Marysville, CA All counties in the State of Ohio are Assistance Numbers (CFDA) are to be used eligible to apply for assistance under the for reporting and drawing funds: 83.537, AGENCY: Office of the Assistant Hazard Mitigation Grant Program. Community Disaster Loans; 83.538, Cora Secretary for Community Planning and (The following Catalog of Federal Domestic Brown Fund Program; 83.539, Crisis Development, HUD. Assistance Numbers (CFDA) are to be used Counseling; 83.540, Disaster Legal Services ACTION: Notice. for reporting and drawing funds: 97.030, Program; 83.541, Disaster Unemployment Community Disaster Loans; 97.031, Cora Assistance (DUA); 83.542, Fire Suppression SUMMARY: The Department of Housing Brown Fund Program; 97.032, Crisis Assistance; 83.543, Individual and Family and Urban Development gives notice to

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the public, agencies, and Indian tribes The proposed project site is the ACTION: Announcement of funding that the City of Marysville, CA, intends Marysville Hotel. The Marysville Hotel awards. to prepare an Environmental Impact is located in the central business district Statement (EIS)/Environmental Impact of downtown Marysville on an SUMMARY: In accordance with section Report (EIR) (EIS/EIR) for the Marysville approximately .5 acre lot at the 102(a)(4)(C) of the Department of Hotel Demolition Project located in northwest corner of the block bounded Housing and Urban Development Marysville, CA. The City of Marysville, by Fifth Street to the north, D Street to Reform Act of 1989, this announcement CA, will prepare the EIS/EIR acting the east, Fourth Street to the south, and notifies the public of funding decisions under its authority as the responsible E Street to the west. The site address is made by the Department in a entity for compliance with the National 418 Fifth Street (APN: 010–176–014– SuperNOFA competition for funding of Environmental Policy Act (NEPA) in 000). The City’s Redevelopment Plan HUD-approved counseling agencies to accordance with 42 U.S.C. 5304(g) and and General Plan both call for the provide counseling services. This HUD regulations at 24 CFR 58.4, and removal of blight from the downtown announcement contains the names and under its authority as lead agency in area and the redevelopment of buildings addresses of the agencies selected for accordance with the California for commercial or mixed uses whenever funding and the award amounts. Environmental Quality Act (CEQA). The possible. The purpose of this project is Additionally, this announcement EIS/EIR will be a joint NEPA and CEQA to remove a source of blight to improve outlines noncompetitive housing document. The EIR will satisfy the appearance of the downtown core counseling grants made by the requirements of the CEQA (Public and to redevelop the area either for Department. Resources Code 21000 et seq.) and State parking or for mixed uses. FOR FURTHER INFORMATION CONTACT: CEQA Guidelines (14 California Code of The following alternatives will be Loyd LaMois, Director, Program Support Regulations 15000 et seq.), which considered: Division, Room 9274, Office of Single require that all state and local • Alternative 1 (the proposed action): Family Housing, Department of Housing government agencies consider the Acquisition and Demolition. The and Urban Development, 451 Seventh environmental consequences of projects Marysville Hotel would be acquired and Street, SW., Washington, DC 20410, over which they have discretionary demolished. telephone (202) 708–0317. Hearing- or authority before acting on those • Alternative 2: Reuse for Mixed speech-impaired individuals may access projects. Because federal Community Commercial/Residential Use. The this number by calling the Federal Development Block Grant (CDBG) funds Marysville Hotel would be refurbished Information Relay Service on 1–800– (under Title I of the Housing and for reuse with commercial and 877–8339 or (202) 708–9300. (With the Community Development Act of 1974) residential uses. exception of the ‘‘800’’ number, these would be used, the proposed action is • Alternative 3: Reuse for are not toll free numbers.) also subject to NEPA. This notice is Commercial/Senior Affordable Housing. SUPPLEMENTARY INFORMATION: The given in accordance with the Council on The Marysville Hotel would be Housing Counseling Program is Environmental Quality regulations at 40 refurbished for reuse with commercial authorized by Section 106 of the CFR parts 1500–1508. All interested and senior affordable housing uses. Housing and Urban Development Act of federal, state, and local agencies, Indian • No Project—No Action. No action 1968 (12 U.S.C. 1701x). The Catalog of tribes, groups, and the public are invited would be taken and the hotel would Federal Domestic Assistance number for to comment on the scope of the EIS. remain in its current condition. the Housing Counseling program is ADDRESSES: Comments relating to the The EIS/EIR will address, among 14.169. HUD enters into agreement with scope of the EIS are requested and will others, the following environmental qualified public or private nonprofit be accepted by the contact person listed issues: air quality, cultural resources, organizations to provide housing below. Parties interested in receiving flood hazard, noise, toxics, traffic, land counseling services to low- and future notices to comment on the use and environmental justice. moderate-income individuals and published Draft EIS should also notify Questions may be directed to the families nationwide. The services the contact person. individual named in this notice under include providing information, advice FOR FURTHER INFORMATION CONTACT: Gary the heading FOR FURTHER INFORMATION and assistance to renters, first-time Price, Community Development CONTACT. homebuyers, homeowners, and senior Coordinator, City of Marysville Planning Dated: February 11, 2004. citizens in areas such as pre-purchase Department, P.O. Box 150, CA 95901; Roy A. Bernardi, counseling, financial management, telephone (530) 749–3902, Fax (530) property maintenance and other forms 749–3991. Assistant Secretary for Community Planning and Development. of housing assistance to help SUPPLEMENTARY INFORMATION: This [FR Doc. 04–3760 Filed 2–20–04; 8:45 am] individuals and families improve their notice seeks public input on issues that housing conditions and meet the BILLING CODE 4210–29–P should be addressed in the EIS/EIR and responsibilities of tenancy and solicits input from potentially affected homeownership. agencies and interested parties DEPARTMENT OF HOUSING AND HUD funding of approved housing regarding the scope and content of the URBAN DEVELOPMENT counseling agencies is not guaranteed EIS/EIR. The Draft EIS/EIR will be and when funds are awarded, a HUD published and distributed on or about grant does not cover all expenses February 17, 2004. After February 17, [Docket No. FR–4800–FA–08] incurred by an agency to deliver 2004, copies for review by the public Housing Counseling Program housing counseling services. Counseling will be available at the Yuba County Announcement of Funding Awards for agencies must actively seek additional Library at 303 Second Street, Fiscal Year 2003 funds from other sources such as city, Marysville, CA. Copies of the document county, state and federal agencies and may be obtained from Copy City at 515 AGENCY: Office of the Assistant from private entities to ensure that they D Street, Marysville, phone (530) 743– Secretary for Housing—Federal Housing have sufficient operating funds. The 8400, for the cost of reproduction. Commissioner, HUD. availability of Housing Counseling

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grants depends upon appropriations and award amounts as provided in Amount Awarded: $894,161.00 the outcome of the award competition. Appendix A. Neighborhood Reinvestment Corporation 1325 G Street, NW, Suite 800, Washington, The 2003 grantees announced in Dated: February 2, 2004. DC 20005. Appendix A of this notice were selected Sean Cassidy, for funding through a competition Grant Type: Comprehensive General Deputy Assistant Secretary for Amount Awarded: $2,150,106.00 announced in a Notice of Funding Housing—Federal Housing, Commissioner. Structured Employment Economic Availability published in the Federal Appendix A—Fiscal Year 2003 Funding Development Corporation—SEEDCO Register on April 25, 2003, (68 FR 915 Broadway, 17th Floor, New York, NY 21002) for the housing counseling Awards for the Housing Counseling 10010. program. Submitted applications were Program Grant Type: Comprehensive scored and selected for funding on the Intermediary Organizations (17) Amount Awarded: $768,566.00 basis of selection criteria contained in AARP Foundation The Housing Partnership Network, Inc. the notice. HUD awarded $37,561,000 in 601 E. Street, NW, Washington, DC 20049. 160 State Street, 5th Floor, Boston, MA housing counseling grants to 363 Grant Type: Comprehensive 02109. housing counseling organizations Amount Awarded: $894,161.00 Grant Type: Comprehensive nationwide: 330 local agencies, 17 Grant Type: HECM Amount Awarded: $1,898,917.00 intermediaries, and 16 State housing Amount Awarded: $998,638.00 West Tennessee Legal Services, Inc. finance agencies. A total of $2.7 million Acorn Housing Corporation 27–A Brentshire Square, P.O. Box 2066, Jackson, TN 38301–2066. was awarded to four intermediaries, 846 N. Broad Street, Philadelphia, PA 19130. Grant Type: Comprehensive Grant Type: Comprehensive three State housing finance agencies Amount Awarded: $487,500.00 (SHFAs) and thirty one local housing Amount Awarded: $2,024,511.00 counseling agencies (LHCAs) for the Catholic Charities USA State Housing Finance Agencies (16) 1731 King Street, Suite 200, Alexandria, VA Atlanta (SHFA) purpose of combating predatory 22314. lending. A total of $2 million was Grant Type: Comprehensive Georgia Housing and Finance Authority awarded to four intermediaries, four Amount Awarded: $1,019,756.00 60 Executive Park South, NE, Atlanta, GA SHFAs and thirty-one LHCAs for Citizens’ Housing and Planning Association, 30329–2231. counseling in conjunction with HUD’s Inc. Grant Type: Comprehensive Section 8 Homeownership Voucher 18 Tremont Street, Suite 401, Boston, MA Amount Awarded: $147,388.00 Program. HUD also awarded 2 02108. Kentucky Housing Corporation competitive housing counseling grants, Grant Type: Comprehensive 1231 Louisville Road, Frankfort, KY 40601. totaling $250,000, to provide counseling Amount Awarded: $750,000.00 Grant Type: Comprehensive Amount Awarded: $150,000.00 services to families and individuals Community Housing Services, Inc. living in the Colonias, unincorporated 1012 N. Street, NW, Washington, DC 20001. Mississippi Home Corporation P.O. Box 23369, 735 Riverside Drive, Jackson, communities in the southwest border Grant Type: Comprehensive Amount Awarded: $266,189.00 MS 39225–3369. region of the United States. These grants Grant Type: Comprehensive were awarded to West Tennessee Legal HomefreeUSA, Inc. 318 Riggs Road, NE, Washington, DC 20011. Amount Awarded: $115,200.00 Services in the amount of $220,000 and Grant Type: Comprehensive North Carolina Housing Finance Agency Community Development Corporation Amount Awarded: $391,783.00 P.O. Box 28066, 3508 Bush Street, Raleigh, of Brownsville, TX in the amount of Housing Opportunities, Inc. NC 27611–8066. $30,000. 133 Seventh Avenue, P.O. Box 9, Grant Type: Comprehensive Finally, HUD awarded two McKeesport, PA 15132. Amount Awarded: $30,000.00 noncompetitive grants totaling Grant Type: Comprehensive Tennessee Housing Development Agency $1,038,638. HUD awarded $998,638 to Amount Awarded: $888,600.00 404 James Robertson Pkwy, Suite 1114, the American Association of Retired Mission of Peace Housing Counseling Agency Nashville, TN 37243–0900. 877 East Fifth Avenue, Flint, MI 48503. Grant Type: Comprehensive Persons (AARP) to provide housing Amount Awarded: $75,000.00 counseling services related to the HUD’s Grant Type: Comprehensive Home Equity Conversion Mortgage Amount Awarded: $894,161.00 Denver (SHFA) (HECM) Program. The award satisfies a National Association of Real Estate Brokers North Dakota Housing Finance Agency Congressional mandate to improve 1301 East 85th Avenue, Oakland, CA 94621– P.O. Box 1535, Bismarck, ND 58502–1535. 1605. counseling in the HECM program. In Grant Type: Comprehensive Grant Type: Comprehensive Amount Awarded: $85,000.00 1999, Congress mandated that HUD set Amount Awarded: $517,378.00 South Dakota Housing Development aside up to $1 million a year of the National Council of La Raza housing counseling funding for HECM Authority 1111 19th Street, NW, Suite 1000, P.O. Box 1237, Pierre, SD 57501–1237. counseling. The year 2003 was the last Washington, DC 20036. Grant Type: Comprehensive year of set-aside. An additional $40,000 Grant Type: Comprehensive Amount Awarded: $100,000.00 was awarded to the Cabarrus County Amount Awarded: $1,647,728.00 Community Development Corporation, a National Credit Union Foundation Philadelphia (SHFA) HUD-approved Housing Counseling 601 Pennsylvania Avenue, NW, Suite 600, Connecticut Housing Finance Agency Agency in Concord, North Carolina to South Building, Washington, DC 20004. 999 West Street, Rocky Hill, CT 06067. help families affected by the closing of Grant Type: Comprehensive Grant Type: Comprehensive the Pillowtex textile manufacturing Amount Awarded: $266,214.00 Amount Awarded: $28,263.00 plant in Kannapolis, North Carolina. National Foundation for Credit Counseling Maine State Housing Authority 801 Roeder Road, Suite 900, Silver Spring, 353 Water Street, Augusta, ME 04330–4633. In accordance with section MD 20910. Grant Type: Comprehensive 102(a)(4)(C) of the Department of Grant Type: Comprehensive Amount Awarded: $94,575.00 Housing and Urban Development Amount Awarded: $2,401,294.00 Maryland Department of Housing and Reform Act of 1989 (103 Stat. 1987, 42 National Urban League Community Development U.S.C. 3545), the Department is 120 Wall Street, New York, NY 10005. 100 Community Place, Crownsville, MD publishing the names, addresses, and Grant Type: Comprehensive 21032.

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Grant Type: Comprehensive Carolina Regional Legal Services, Inc. Grant Type: Comprehensive Amount Awarded: $28,263.00 279 West Evans Street, Florence, SC 29503– Amount Awarded: $15,000.00 New Hampshire Housing Finance Authority 0479. Community Action Partnership, Huntsville/ 32 Constitution Drive, Hillsborough, NH Grant Type: Comprehensive Madison 03110. Amount Awarded: $44,832.00 P.O. Box 3975, 3516 Stringfield Road, Grant Type: Comprehensive Catholic Charities, Inc. Huntsville, AL 35810. Amount Awarded: $40,000.00 1325 Jefferson Avenue, Memphis, TN 38104. Grant Type: Comprehensive Pennsylvania Housing Finance Agency Grant Type: Comprehensive Amount Awarded: $41,228.00 2101 North Front St., Harrisburg, PA 17105. Amount Awarded: $21,629.00 Community and Economic Development Grant Type: Comprehensive CCCS of Northwest Indiana, Inc. Assoc. of Cook County Amount Awarded: $57,500.00 3637 Grant Street, Gary, IN 46408. 208 South LaSalle, Suite 1900, Chicago, IL Rhode Island Housing and Mortgage Finance Grant Type: Comprehensive 60604–1001. Corporation Amount Awarded: $35,000.00 Grant Type: Comprehensive 44 Washington St., Providence, RI 02903. CCCS/Family Services Amount Awarded: $71,350.00 Grant Type: Comprehensive 4925 Lacross Road, Suite 215, North Community Enterprise Investments, Inc. Amount Awarded: $128,000.00 Charleston, SC 29406. 302 N. Barcelona Street, Pensacola, FL 32501. State of Michigan Grant Type: Comprehensive Grant Type: Comprehensive 735 E. Michigan, P.O. Box 30044–MSHDA, Amount Awarded: $31,573.00 Amount Awarded: $23,000.00 Lansing, MI 48909. CEFS Economic Opportunity Corporation Community Housing Initiative, Inc. Grant Type: Comprehensive 1805 S. Banker Street, P.O. Box 928, P.O. Box 410522, Melbourne, FL 32941– Amount Awarded: $100,000.00 Effingham, IL 62401. 0522. Grant Type: Comprehensive Virginia Housing Development Authority Grant Type: Comprehensive Amount Awarded: $18,870.00 601 S. Belvidere St., Richmond, VA 23220. Amount Awarded: $20,200.00 Grant Type: Comprehensive CEIBA Housing and Economic Development Community Investment Corporation of Amount Awarded: $114,469.00 Corporation Decatur, Inc. Ave. Lauro Pinero #252 (Altos), P.O. Box 203, 2121 S. Imboden Court, Decatur, IL 62521. Santa Ana (SHFA) Ceiba, PR 00735. Grant Type: Comprehensive Washington State Housing Finance Grant Type: Comprehensive Amount Awarded: $31,573.00 Commission Amount Awarded: $40,000.00 Community Service Programs of West 1000 Second Ave., Suite 2700, Seattle, WA Central Florida Community Development Alabama, Inc. 98104–1046. Corp. 601 17th Street, Tuscaloosa, AL 35401. Grant Type: Comprehensive P.O. Box 15065, Daytona Beach, FL 32115. Grant Type: Comprehensive Amount Awarded: $334,776.00 Grant Type: Comprehensive Amount Awarded: $34,887.00 Consumer Credit Counseling Service of Local Organizations (330) Amount Awarded: $25,000.00 Chicago Commons Housing Resource Central Indiana Atlanta (HOC) 3645 West Chicago Avenue, Chicago, IL 615 N. Alabama Street, Suite 134, Indianapolis, IN 46204–1477. 60651. Access Living of Metropolitan Chicago Grant Type: Comprehensive Grant Type: Comprehensive 614 West Roosevelt Road, Chicago, IL 60607. Amount Awarded: $48,147.00 Grant Type: Comprehensive Amount Awarded: $18,315.00 Consumer Credit Counseling Service of Amount Awarded: $35,303.00 Choanoke Area Development Association of Florida Gulf Coast, Inc. Affordable Housing Coalition NC, Inc. 200 S. Hoover, Tampa, FL 33609. 34 Wall Street, Suite 607, Asheville, NC P.O. Box 530, Rich Square, NC 27869. Grant Type: Comprehensive 28801. Grant Type: Comprehensive Amount Awarded: $87,100.00 Grant Type: Comprehensive Amount Awarded: $34,887.00 Amount Awarded: $58,091.00 Consumer Credit Counseling Service of Citizens For Affordable Housing, Inc. Forsyth County, Inc. Affordable Housing Corporation 1719 West End Avenue, Suite 322W, 8064 North Point Boulevard, Suite 204, 601 S. Adams Street, Marion, IN 46953. Nashville, TN 37203. Winston-Salem, NC 27106. Grant Type: Comprehensive Grant Type: Comprehensive Grant Type: Comprehensive Amount Awarded: $24,687.00 Amount Awarded: $18,315.00 Amount Awarded: $50,000.00 Alabama Council on Human Relations City of Albany, Georgia Consumer Credit Counseling Service of P.O. Drawer 1632, 319 West Glenn Avenue, 230 S. Jackson St., Suite 315, Albany, GA Western North Carolina Auburn, AL 36831–1632. 31701. 50 South French Broad Ave., Suite 227, Grant Type: Comprehensive Grant Type: Comprehensive Asheville, NC 28801. Amount Awarded: $18,000.00 Amount Awarded: $30,000.00 Grant Type: Comprehensive Anderson Housing Authority City of Bloomington Housing Amount Awarded: $50,000.00 528 West 11th Street, Anderson, IN 46016. P.O. Box 100, 401 North Morton Street, Cooperative Resource Center, Inc. Grant Type: Comprehensive Bloomington, IN 47402. 191 Edgewood Avenue SE, Atlanta, GA Amount Awarded: $40,000.00 Grant Type: Comprehensive 30303. Appalachian Housing and Redevelopment Amount Awarded: $35,812.00 Grant Type: Comprehensive Corporation Cobb Housing, Inc. Amount Awarded: $15,000.00 800 North 5th Ave., Rome, GA 30162. 700 Sandy Plains Road, Suite B–8, Marietta, Cumberland Community Action Program, Grant Type: Comprehensive GA 30066. Inc. Amount Awarded: $41,007.00 Grant Type: Comprehensive P.O. Box 2009, 316 Green Street, Fayetteville, Cabarrus County CDC Amount Awarded: $25,000.00 NC 28302. P.O. 1095, Concord, NC 28026. Community Action & Community Grant Type: Comprehensive Grant Type: Comprehensive Development Agency Amount Awarded: $40,000.00 Amount Awarded: $43,000.00 P.O. Box 1788, 207 Commerce Circle, SW, Davidson County Community Action, Inc. Campbellsville Housing and Redevelopment Decatur, AL 35601. P.O. Box 389, 701 South Salisbury Street, Authority Grant Type: Comprehensive Lexington, NC 27292–0389. P.O. Box 597, 400 Ingram Ave., Amount Awarded: $77,979.00 Grant Type: Comprehensive Campbellsville, KY 42718. Community Action Agency of Northwest Amount Awarded: $24,945.00 Grant Type: Comprehensive Alabama DeKalb Fulton Housing Counseling Center, Amount Awarded: $18,980.00 745 Thompson Street, Florence, AL 35630. Inc.

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4151 Memorial Drive, Suite 107–E, Decatur, Grant Type: Comprehensive 1200 County City Building, South Bend, IN GA 30032. Amount Awarded: $38,203.00 46601. Grant Type: Comprehensive Gwinnett Housing Resource Partnership, Inc. Grant Type: Comprehensive Amount Awarded: $21,629.00 2825 Breckinridge Boulevard, Suite 160, Amount Awarded: $22,475.00 DuPage Homeownership Center, Inc. Duluth, GA 30096. Housing Education and Economic 1333 North Main Street, Wheaton, IL 60187. Grant Type: Comprehensive Development Grant Type: Comprehensive Amount Awarded: $54,777.00 3405 Medgar Evers Blvd., Jackson, MS 39213. Amount Awarded: $40,000.00 Hammond Housing Authority Grant Type: Comprehensive East Athens Development Corporation, Inc. 7329 Columbia Circle—West, Hammond, IN Amount Awarded: $21,629.00 410 McKinley Drive, Suite 101, Athens, GA 46324. Indianapolis Urban League 30601. Grant Type: Comprehensive 777 Indiana Avenue, Indianapolis, IN 46202. Grant Type: Comprehensive Amount Awarded: $31,573.00 Grant Type: Comprehensive Amount Awarded: $15,000.00 Haven Economic Development, Inc. Amount Awarded: $20,000.00 Economic Opportunity for Savannah- 8606 State Road 84, Davie, FL 33324. Jefferson County Committee for Economic Chatham County Area, Inc. Grant Type: Comprehensive Opportunity 618 West Anderson Street, P.O. Box 1353, Amount Awarded: $35,000.00 300 Eighth Ave. West, Birmingham, AL Savannah, GA 31415. HCP of Illinois, Inc. 35204–3039. Grant Type: Comprehensive 407 S. Dearborn, Suite 1735, Chicago, IL Grant Type: Comprehensive Amount Awarded: $51,460.00 60605. Amount Awarded: $40,000.00 Elizabeth City State University Grant Type: Comprehensive Jefferson County Housing Authority 1704 Weeksville Road, Campus Box 761, Amount Awarded: $36,000.00 3700 Industrial Parkway, Birmingham, AL Elizabeth City, NC 27909. Highland Family Resource Center, Inc. 35217. Grant Type: Comprehensive P.O. Box 806, Gastonia, NC 28053. Grant Type: Comprehensive Amount Awarded: $35,516.00 Grant Type: Comprehensive Amount Awarded: $31,573.00 Family and Children’s Services of Amount Awarded: $36,000.00 Johnston-Lee Community Action, Inc. Chattanooga, Inc. Homekeeping Mortgage Default Counseling P.O. Drawer 711, 1102 Massey Street, 5704 Marlin Road, Suite 2300, Chattanooga, 414 Martin Luther King Jr. Drive, Greensboro, Smithfield, NC 27577. TN 37411. NC 27406. Grant Type: Comprehensive Grant Type: Comprehensive Grant Type: Comprehensive Amount Awarded: $20,000.00 Amount Awarded: $30,000.00 Amount Awarded: $21,629.00 Lake County Family Counseling Center Homes In Partnership, Inc. 2293 North Main Street, Crown Point, IN 220 Coral Sands Drive, Rockledge, FL 32955. 235 E. Fifth Street, P.O. Box 761, Apopka, FL 46307. Grant Type: Comprehensive 32704–0761. Grant Type: Comprehensive Amount Awarded: $39,960.00 Grant Type: Comprehensive Amount Awarded: $25,000.00 Family Service Center Amount Awarded: $43,000.00 Latin American Association 1800 Main Street, Columbia, SC 29201. Hoosier Uplands Economic Development 2750 Buford Hwy., Atlanta, GA 30324. Grant Type: Comprehensive Corporation Grant Type: Comprehensive Amount Awarded: $54,777.00 521 West Main Street, Mitchell, IN 47446. Amount Awarded: $18,315.00 Gainesville-Hall County Neighborhood Grant Type: Comprehensive Latin United Community Housing Revitalization Amount Awarded: $15,000.00 Association P.O. Box 642, 924 Athens Street, Gainesville, Hope of Evansville, Inc. 3541 W. North Avenue, Chicago, IL 60647. GA 30503. 608 Cherry Street, Evansville, IN 47713. Grant Type: Comprehensive Grant Type: Comprehensive Grant Type: Comprehensive Amount Awarded: $51,460.00 Amount Awarded: $39,000.00 Amount Awarded: $31,573.00 Legal Assistance Foundation of Chicago Goldenrule Housing & Community Housing and Economic Leadership Partners, 111 West Jackson Blvd., Chicago, IL 60604. Development Inc. Grant Type: Comprehensive 417 East 2nd Street, Sanford, FL 32771. 485 Huntington Road, Suite 200, Athens, GA Amount Awarded: $54,777.00 Grant Type: Comprehensive 30606. Amount Awarded: $58,091.00 Grant Type: Comprehensive Lincoln Hills Development Corporation 302 Main Street, P.O. Box 336, Tell City, IN Goodwill Industries Manastoa, Inc. Amount Awarded: $21,629.00 47586. 8490 Lockwood Ridge Road, Sarasota, FL Housing and Neighborhood Dev. Serv of Grant Type: Comprehensive 34243. Central Florida Amount Awarded: $15,380.00 Grant Type: Comprehensive 6900 S. Orange Blossom Trail, Orlando, FL Amount Awarded: $40,000.00 32809. Manatee Coalition for Affordable Housing, Greater Ocala Community Development Grant Type: Comprehensive Inc. Corp. Amount Awarded: $48,147.00 319 6th Avenue West, Bradenton, FL 34205. P.O. Box 5582, Ocala, FL 34478. Housing Authority of the Birmingham Grant Type: Comprehensive Grant Type: Comprehensive District Amount Awarded: $18,315.00 Amount Awarded: $15,000.00 1826 3rd Avenue South, Birmingham, AL Manatee Opportunity Council, Inc. Greensboro Housing Coalition, Incorporated 35233. 369 6th Avenue West, Bradenton, FL 34205– 122 N. Elm Street, Suite 608, Greensboro, NC Grant Type: Comprehensive 8820. 27401. Amount Awarded: $44,832.00 Grant Type: Comprehensive Grant Type: Comprehensive Housing Authority of the City of Fort Wayne Amount Awarded: $43,240.00 Amount Awarded: $44,832.00 2013 South Anthony Boulevard, Fort Wayne, Memphis Area Legal Services Greenville County Human Relations IN 46803. 109 N. Main, Suite 200, Memphis, TN Commission Grant Type: Comprehensive 38103–5013. 301 University Ridge, Suite 1600, Greenville, Amount Awarded: $33,899.00 Grant Type: Comprehensive SC 29601. Housing Authority of the County of Lake Amount Awarded: $68,035.00 Grant Type: Comprehensive 33928 North Route 45, Grayslake, IL 60030. Miami Beach Community Development Amount Awarded: $51,460.00 Grant Type: Comprehensive Corporation Gulf Coast Community Action Agency, Inc. Amount Awarded: $19,967.00 945 Pennsylvania Avenue, 2nd Floor, Miami 500 24th Street, P.O. Box 519, Gulfport, MS Housing Development Corporation of St. Beach, FL 33139. 39502–0519. Joseph County Grant Type: Comprehensive

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Amount Awarded: $38,203.00 Rogers Park Community Development Amount Awarded: $30,000.00 Mid-Florida Housing Partnership, Inc. 1530 W. Morse Avenue, Chicago, IL 60626. West Perrine Community Development 330 North Street, Daytona Beach, FL 32114. Grant Type: Comprehensive Corporation Grant Type: Comprehensive Amount Awarded: $40,000.00 17785 Homestead Avenue, Miami, FL 33157. Amount Awarded: $37,000.00 Sacred Heart Southern Missions Housing Grant Type: Comprehensive Amount Awarded: $28,259.00 Middle Georgia Community Action Agency, Corp. Inc. 6144 Highway 161 North, P.O. Box 365, Western Piedmont Council of Governments P.O. Box 2286, 121 Prince Street, Warner Walls, MS 38680. P.O. Box 9026, Hickory, NC 28603. Robins, GA 31099. Grant Type: Comprehensive Grant Type: Comprehensive Grant Type: Comprehensive Amount Awarded: $41,518.00 Amount Awarded: $25,350.00 Amount Awarded: $15,000.00 Sandhills Community Acton Program, Inc. Will County Center For Community Concerns Mobile Housing Board 103 Saunders Street, P.O. Box 937, Carthage, 304 N. Scott Street, Joliet, IL 60432. 151 South Claiborne Street, P.O. Box 1345, NC 28327. Grant Type: Comprehensive Mobile, AL 36602–1345. Grant Type: Comprehensive Amount Awarded: $15,000.00 Grant Type: Comprehensive Amount Awarded: $61,405.00 Wilmington Housing Finance and Amount Awarded: $48,147.00 South Suburban Housing Center Development Monroe-Union County Community 18220 Harwood Avenue, Suite 1, Homewood, P.O. Box 547, 310 North Front Street, 349 East Franklin Street, P.O. Box 887, IL 60430. Wilmington, NC 28402. Monroe, NC 28111. Grant Type: Comprehensive Grant Type: Comprehensive Grant Type: Comprehensive Amount Awarded: $36,000.00 Amount Awarded: $50,000.00 Amount Awarded: $40,000.00 Statesville Housing Authority Wilson Community Improvement Association, Inc. Muncie Homeownership and Development 110 West Allison Street, Statesville, NC 504 E. Green Street, Wilson, NC 27893. Center 28677. Grant Type: Comprehensive 407 South Walnut Street, Muncie, IN 47305. Grant Type: Comprehensive Amount Awarded: $40,000.00 Grant Type: Comprehensive Amount Awarded: $28,259.00 Amount Awarded: $50,000.00 Tallahassee Lenders’ Consortium Inc. Woodbine Community Organization 222 Oriel Avenue, Nashville, TN 37210. Neighborhood Housing Opportunities, Inc. 1114 East Tennessee Street, Tallahassee, FL 32308. Grant Type: Comprehensive 1548 Poplar Avenue, Memphis, TN 38104. Amount Awarded: $62,150.00 Grant Type: Comprehensive Grant Type: Comprehensive Amount Awarded: $12,000.00 Amount Awarded: $30,000.00 Colonias Neighborhood Housing Services of Chicago, Tallahassee Urban League, Inc. Community Development Corp. of Inc. 923 Old Bainbridge Road, Tallahassee, FL Brownsville 1279 N. Milwaukee, 5th Floor, Chicago, IL 32303. 901 E. Levee St., Brownsville, TX 78520. 60622. Grant Type: Comprehensive Grant Type: Colonias Grant Type: Comprehensive Amount Awarded: $38,203.00 Amount Awarded: $30,000.00 Amount Awarded: $34,887.00 Tenant Services & Housing Counseling, Inc. West Tennessee Legal Services Northwestern Regional Housing Authority 258 Clark Street, Lexington, KY 40507. 27–A Brentshire Square, P.O. Box 2066, P.O. Box 2510, 869 Hwy. 105 Ext., Boone, NC Grant Type: Comprehensive Jackson, TN 38302. 28607. Amount Awarded: $30,000.00 Grant Type: Colonias Grant Type: Comprehensive The Center For Affordable Housing, Inc. Amount Awarded: $220,000.00 Amount Awarded: $40,848.00 2524 S. Park Drive, Sanford, FL 32773. Denver (HOC) Ocala Housing Authority Grant Type: Comprehensive 233 S.W. 3rd Street, Ocala, FL 34474. Amount Awarded: $33,000.00 Adams County Housing Authority Grant Type: Comprehensive The Housing Authority of the City of 7190 Colorado Blvd., Commerce City, CO Amount Awarded: $35,000.00 Montgomery 80022. 1020 Bell Street, Montgomery, AL 36104– Grant Type: Comprehensive Olive Hill Comm ECO Dev Corp, Inc 3056. Amount Awarded: $120,000.00 P.O. Box 4008, Morganton, NC 28680. Grant Type: Comprehensive Grant Type: Comprehensive Avenida Guadalupe Association Amount Awarded: $40,000.00 Amount Awarded: $21,629.00 1327 Guadalupe Street, San Antonio, TX Trident United Way 78207. Organized Community Action Program 6296 Rivers Avenue, P.O. Box 63305, North Grant Type: Comprehensive P.O. Box 908, Troy, AL 36081. Charleston, SC 29419. Amount Awarded: $33,732.00 Grant Type: Comprehensive Grant Type: Comprehensive Amount Awarded: $30,000.00 Avenue Community Development Amount Awarded: $15,000.00 Corporation Purchase Area Housing Corporation TSP Hope, Inc. 2505 Washington Avenue, Suite 400, P.O. Box 158, 1002 Medical Drive, Mayfield, 1507 E. Cook Street, Springfield, IL 62703. Houston, TX 77007. KY 42066. Grant Type: Comprehensive Grant Type: Comprehensive Grant Type: Comprehensive Amount Awarded: $18,315.00 Amount Awarded: $45,000.00 Amount Awarded: $24,945.00 Unified Government of Athens-Clarke Boulder County Housing Authority Reach, Inc County P.O. Box 471, Boulder, CO 80306. 126 North Broadway, Lexington, KY 40507. P.O. Box 1868, 375 Satula Ave., Athens, GA Grant Type: Comprehensive Grant Type: Comprehensive 30601. Amount Awarded: $65,000.00 Amount Awarded: $48,147.00 Grant Type: Comprehensive Carver County Housing & Redevelopment Realtor-Community Housing Foundation Amount Awarded: $15,000.00 Authority 2250 Regency Road, Lexington, KY 40503. Vollintine Evergreen Community Association 705 North Walnut Street, Chaska, MN 55318. Grant Type: Comprehensive (VECA)—CDC Grant Type: Comprehensive Amount Awarded: $20,000.00 1680 Jackson Avenue, Memphis, TN 38107. Amount Awarded: $50,000.00 River City Community Development Grant Type: Comprehensive CCCS of Central Oklahoma, Inc. Corporation Amount Awarded: $38,203.00 3230 N. Rockwell Avenue, Bethany, OK 501 E. Main Street, Elizabeth City, NC 27909. Wateree Community Action, Inc. 73008. Grant Type: Comprehensive 13 South Main Street, Sumter, SC 29150. Grant Type: Comprehensive Amount Awarded: $21,629.00 Grant Type: Comprehensive Amount Awarded: $45,000.00

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CCCS of Salina 4831 Armour, P.O. Box 4069, Fort Smith, AR Justine Petersen Housing and Reinvestment 1201 West Walnut, Salina, KS 67401. 72914. Corp. Grant Type: Comprehensive Grant Type: Comprehensive 5031 Northrup Ave., St. Louis, MO 63110. Amount Awarded: $45,000.00 Amount Awarded: $11,010.00 Grant Type: Comprehensive Chickasaw Nation Dakota Plains Legal Services, Inc. Amount Awarded: $150,000.00 Division of Housing, P.O. Box 788, Ada, OK 528 Kansas City Street, Rapid City, SD 57709. Ki Bois Community Action Foundation, Inc. 74821–0788. Grant Type: Comprehensive P.O. Box 727, Stigler, OK 74462. Grant Type: Comprehensive Amount Awarded: $20,000.00 Grant Type: Comprehensive Amount Awarded: $15,000.00 District 7 Human Resources Development Amount Awarded: $35,510.00 City of Aurora—Home Ownership Assistance Council LaFayette Consolidated Government Program 7 North 31st Street, P.O. Box 2016, Billings, P.O. Box 4017–C, Lafayette, LA 70502. 9801 E. Colfax Ave., Aurora, CO 80010. MT 59103. Grant Type: Comprehensive Grant Type: Comprehensive Grant Type: Comprehensive Amount Awarded: $20,000.00 Amount Awarded: $50,000.00 Amount Awarded: $50,000.00 Legal Services of Eastern Missouri, Inc. City of Fort Worth Family Housing Advisory Services, Inc. 4232 Forest Park Avenue, St. Louis, MO Housing Department, 1000 Throckmorton 2416 Lake Street, Omaha, NE 68111. 63108. Street, Fort Worth, TX 76102. Grant Type: Comprehensive Grant Type: Comprehensive Grant Type: Comprehensive Amount Awarded: $75,000.00 Amount Awarded: $150,000.00 Amount Awarded: $150,000.00 Family Life Center/Utah State University Neighbor to Neighbor, Inc. City of San Antonio 424 Pine Street, Suite 203, Fort Collins, CO 115 Plaza de Armas, Suite 230, San Antonio, 493 North 700 East, Logan, UT 84321. Grant Type: Comprehensive 80524. TX 78205. Grant Type: Comprehensive Amount Awarded: $65,999.00 Grant Type: Comprehensive Amount Awarded: $40,000.00 Amount Awarded: $76,937.00 Family Management Credit Counselors, Inc. New Mexico Legal Aid, Inc. (FMCCI) City of St. Paul—Planning & Economic P.O. Box 25486, Albuquerque, NM 87125– 1409 W. 4th Street, Waterloo, IA 50702. Development 5486. 25 West Fourth Street, Room 1100, St. Paul, Grant Type: Comprehensive Grant Type: Comprehensive MN 55102. Amount Awarded: $26,000.00 Amount Awarded: $39,310.00 Grant Type: Comprehensive Family Service Agency Norman Housing Authority Amount Awarded: $30,000.00 4504 Burrow Drive, P.O. Box 16615, North 700 N. Berry Rd., Norman, OK 73069. Colorado Rural Housing Development Corp Little Rock, AR 72116. Grant Type: Comprehensive 3621 West 73rd Avenue, Suite C, Grant Type: Comprehensive Amount Awarded: $55,000.00 Westminster, CO 80030. Amount Awarded: $27,000.00 Northeast Denver Housing Center Grant Type: Comprehensive Greater Kansas City Housing Information Amount Awarded: $75,000.00 1735 Gaylord St., Denver, CO 80206. Center Grant Type: Comprehensive Community Action Agency of Oklahoma City 6285 Paseo, Kansas City, MO 64110. Amount Awarded: $45,000.00 and OK/CN Counties Grant Type: Comprehensive Northeast Kansas Community Action 1900 NW 10th Street, Oklahoma City, OK Amount Awarded: $44,085.00 73106. Program (NEK–CAP, Inc.) HBC Services, Inc. Grant Type: Comprehensive P.O. Box 380, Hiawatha, KS 66434. 217 Wisconsin Ave, Suite 207, Waukesha, WI Amount Awarded: $20,975.00 Grant Type: Comprehensive 53186. Amount Awarded: $15,000.00 Community Action For Suburban Hennepin Grant Type: Comprehensive Oglala Sioux Tribe Partnership for Housing, 33 Tenth Avenue South, Suite 150, Hopkins, Amount Awarded: $15,000.00 MN 55343. Inc. Grant Type: Comprehensive Housing and Credit Counseling, Inc. P.O. Box 3001, Pine Ridge, SD 57770. Amount Awarded: $145,000.00 1195 SW Buchanan, Suite 101, Topeka, KS Grant Type: Comprehensive 66604–1183. Amount Awarded: $15,000.00 Community Action Project of Tulsa County Grant Type: Comprehensive 717 S. Houston Ave, Suite 200, Tulsa, OK Senior Housing, Inc. Amount Awarded: $110,000.00 74127. 2021 East Hennipin, Suite 372, Minneapolis, Grant Type: Comprehensive Housing Options Provided for the Elderly MN 55413. Amount Awarded: $50,000.00 4265 Shaw, St. Louis, MO 63110. Grant Type: Comprehensive Grant Type: Comprehensive Amount Awarded: $50,000.00 Community Action Services Amount Awarded: $29,000.00 257 East Center Street, Provo, UT 84606. Southeastern North Dakota Community Grant Type: Comprehensive Housing Partners of Tulsa, Inc. Action Agency Amount Awarded: $50,000.00 P.O. Box 6369, Tulsa, OK 74148. 3233 South University Drive, P.O. Box 2683, Community Action, Inc. of Rock and Grant Type: Comprehensive Fargo, ND 58104. Walworth Counties Amount Awarded: $15,000.00 Grant Type: Comprehensive 2300 Kellogg Avenue, Janesville, WI 53546. Housing Solutions for the SW Amount Awarded: $14,000.00 Grant Type: Comprehensive 295 Girard Street, Durango, CO 81303. Southern Minnesota Regional Legal Service Amount Awarded: $20,000.00 Grant Type: Comprehensive 46 East Fourth Street, St. Paul, MN 55101. Community Development Authority of the Amount Awarded: $35,000.00 Grant Type: Comprehensive City of Madison Idabel Housing Authority Amount Awarded: $75,000.00 215 Martin Luther King Jr Blvd, Ste 318, P.O. P.O. Box 838, Idabel, OK 74745. St. Martin, Iberia, LaFayette Community Box 1785, Madison, WI 53701–1785. Grant Type: Comprehensive Action Agency, Inc. Grant Type: Comprehensive Amount Awarded: $41,719.00 501 St. John Street, P.O. Box 3343, Lafayette, Amount Awarded: $100,666.00 Interfaith of Natrona County, Inc. LA 70501. Community Development Corporation of 1514 East 12th Street, #303, Casper, WY Grant Type: Comprehensive Brownsville 82601. Amount Awarded: $15,000.00 901 East Levee Street, Brownsville, TX Grant Type: Comprehensive Texas Rural Legal Aid 78520. Amount Awarded: $25,000.00 2201 Post Road, Suite 104, Austin, TX 78704. Grant Type: Comprehensive Iowa Citizens for Community Improvement Grant Type: Comprehensive Amount Awarded: $50,000.00 2005 Forest Avenue, Des Moines, IA 50311. Amount Awarded: $150,000.00 Crawford-Sebastian Community Grant Type: Comprehensive United Neighbors, Inc. Development Council, Inc. Amount Awarded: $25,000.00 808 Harrison Street, Davenport, IA 52803.

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Grant Type: Comprehensive Amount Awarded: $40,400.00 7701 Dunmanway, Baltimore, MD 21222. Amount Awarded: $42,500.00 Center City Neighborhood Development Grant Type: Comprehensive Universal Housing Development Corp. Corporation Amount Awarded: $27,835.00 P.O. Box 846, Russellville, AR 72811. 1824 Main Street, Niagara Falls, NY 14305. Community Development Corporation of Grant Type: Comprehensive Grant Type: Comprehensive Long Island Amount Awarded: $40,000.00 Amount Awarded: $31,502.00 2100 Middle Country Road, Centereach, NY Women’s Opportunity and Resource Center for Family Services, Inc. 11720. Development 213 Center Street, Meadville, PA 16335. Grant Type: Comprehensive 127 N. Higgins, Suite 307, Missoula, MT Grant Type: Comprehensive Amount Awarded: $18,667.00 59802. Amount Awarded: $32,000.00 Community Housing, Inc. Grant Type: Comprehensive Central Vermont Community Action Council 613 Washington Street, Wilmington, DE Amount Awarded: $50,000.00 195 U.S. Route 302—Berlin, Barre, VT 05641. 19801. Grant Type: Comprehensive Your Community Connection Grant Type: Comprehensive Amount Awarded: $20,000.00 2261 Adams, Ogden, UT 84401. Amount Awarded: $40,670.00 Grant Type: Comprehensive Chautauqua Opportunities, Inc. Community Service Network Inc. Amount Awarded: $18,000.00 17 West Courtney Street, Dunkirk, NY 14048. 52 Broadway, Stoneham, MA 02180. Grant Type: Comprehensive Grant Type: Comprehensive Philadelphia (HOC) Amount Awarded: $49,838.00 Amount Awarded: $20,000.00 Affordable Homes of Millville Ecumenical Chester Community Improvement Project Consumer Credit and Budget Counseling, Inc. (AHOME), Inc. 412 Avenue of the States, Chester, PA 19016. 299 S. Shore Road, U.S. Route 9, Cape May, NJ 08223. P.O. Box 241, Millville, NJ 08332. Grant Type: Comprehensive Grant Type: Comprehensive Grant Type: Comprehensive Amount Awarded: $35,169.00 Amount Awarded: $33,336.00 Amount Awarded: $26,001.00 Children’s and Family Service Cortland Housing Assistance Council, Inc. Albany County Rural Housing Alliance, Inc. 535 Marmion Avenue, Youngstown, OH 159 Main Street, Cortland, NY 13045. P.O. Box 407, 24 Martin Road, Voorheesville, 44502. Grant Type: Comprehensive NY 12186. Grant Type: Comprehensive Amount Awarded: $15,000.00 Grant Type: Comprehensive Amount Awarded: $13,253.00 County Commissioners of Carroll County Amount Awarded: $25,623.00 Citizen Action of New Jersey 10 Distillery Drive, Suite 101, Westminster, Arundel Community Development Services, 400 Main Street, Hackensack, NJ 07601. MD 21157–5194. Inc. Grant Type: Comprehensive Grant Type: Comprehensive 2666 Riva Road, Suite 210, Annapolis, MD Amount Awarded: $49,838.00 Amount Awarded: $20,501.00 21224. City of Frederick Credit Counseling Centers, Inc. Grant Type: Comprehensive 100 South Market Street, Frederick County, Amount Awarded: $44,337.00 111 Westcott Road, South Portland, ME Frederick, MD 21701. 04106. Asian Americans for Equality, Inc. Grant Type: Comprehensive Grant Type: Comprehensive 111 Division Street, New York, NY 10002. Amount Awarded: $20,000.00 Amount Awarded: $38,836.00 Grant Type: Comprehensive Coastal Economic Development Corp. Cypress Hills Local Development Corp. Amount Awarded: $31,502.00 34 Wing Farm Parkway, Bath, ME 04530. 625 Jamaica Avenue, Kings County, Berks Community Action Program/Budget Grant Type: Comprehensive Brooklyn, NY 11208. Counseling Center Amount Awarded: $30,000.00 Grant Type: Comprehensive Post Office Box 22, Berks County, Reading, Coastal Enterprises, Inc. Amount Awarded: $27,835.00 PA 19603–0022. 36 Water Street, P.O. Box 268, Wiscasset, ME Detroit Non-Profit Housing Corporation Grant Type: Comprehensive 04578. 1200 Sixth Street, Suite 200, Detroit, MI Amount Awarded: $35,000.00 Grant Type: Comprehensive 48226. Berkshire County Regional Housing Amount Awarded: $30,000.00 Grant Type: Comprehensive Authority Commission on Economic Opportunity Amount Awarded: $15,000.00 150 North Street, Suite 28, Pittsfield, MA 165 Amber Lane, P.O. Box 1127, Wilkes- Fair Housing Contact Service 01201. Barre, PA 18703. 333 South Main Street—Suite 300, Akron, Grant Type: Comprehensive Grant Type: Comprehensive OH 44308. Amount Awarded: $25,000.00 Amount Awarded: $20,000.00 Grant Type: Comprehensive Better Housing League of Greater Cincinnati Community Action Commission of Belmont Amount Awarded: $27,835.00 2400 Reading Road, Cincinnati, OH 45202. Co. Fair Housing Council of Northern New Jersey Grant Type: Comprehensive 410 Fox-Shannon Place, St. Clairsville, OH 131 Main Street, Hackensack, NJ 07601. Amount Awarded: $24,168.00 43950. Grant Type: Comprehensive Better Neighborhoods, Inc. Grant Type: Comprehensive Amount Awarded: $35,169.00 986 Albany Street, Schenectady, NY 12307. Amount Awarded: $35,169.00 Fair Housing Resource Center, Inc. Grant Type: Comprehensive Community Action Committee of the Lehigh 54 S. State Street, Suite 303, Painesville, OH Amount Awarded: $38,000.00 Valley, Inc. 44060. Bishop Sheen Ecumenical Housing 1337 E. Fifth Street, Bethlehem, PA 18018. Grant Type: Comprehensive Foundation, Inc. Grant Type: Comprehensive Amount Awarded: $27,835.00 935 East Avenue, Suite 300, Rochester, NY Amount Awarded: $19,122.00 Family and Children’s Association 14607. Community Action Program—Madison 336 Fulton Avenue, Hempstead, NY 11550. Grant Type: Comprehensive County Grant Type: Comprehensive Amount Awarded: $22,334.00 3 East Main Street, P.O. Box 249, Morrisville, Amount Awarded: $35,169.00 Bucks County Housing Group, Inc. NY 13408. Fayette County Community Action Agency, 2324 Second Street Pk, Ste. 17, Wrightstown, Grant Type: Comprehensive Inc. PA 18940. Amount Awarded: $30,575.00 140 N. Beeson Avenue, Uniontown, PA Grant Type: Comprehensive Community Action Southwest 15401. Amount Awarded: $33,336.00 150 West Beau Street, Suite 304, Washington, Grant Type: Comprehensive Burlington County Community Action PA 15301. Amount Awarded: $15,000.00 Program Grant Type: Comprehensive First State Community Action Agency, Inc. 718 Route 130 South, Burlington, NJ 08016. Amount Awarded: $20,000.00 308 North Railroad Avenue, P.O. Box 877, Grant Type: Comprehensive Community Assistance Network, Inc. Georgetown, DE 19947.

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Grant Type: Comprehensive Amount Awarded: $55,339.00 Amount Awarded: $27,000.00 Amount Awarded: $38,280.00 Housing Partnership for Morris County, Inc. Mid-Ohio Regional Planning Commission Garden State Consumer Credit Counseling, 22 East Blackwell Street, Dover, NJ 07801. 285 East Main Street, Franklin County, Inc. Grant Type: Comprehensive Columbus, OH 43215–5572. 225 Willowbrook Road, Freehold, NJ 07728. Amount Awarded: $35,000.00 Grant Type: Comprehensive Grant Type: Comprehensive Inner City Christian Federation Amount Awarded: $18,667.00 Amount Awarded: $20,197.00 515 Jefferson SE, Grand Rapids, MI 49503. Monmouth County Board of Chosen Garfield Jubilee Association, Inc. Grant Type: Comprehensive Freeholders 5138 Penn Avenue, Pittsburgh, PA 15224. Amount Awarded: $35,169.00 P.O. Box 3000, Freehold, NJ 07728. Grant Type: Comprehensive Intercultural Family Services Grant Type: Comprehensive Amount Awarded: $20,000.00 4225 Chestnut Street, Philadelphia, PA Amount Awarded: $25,107.00 Garrett County Community Action 19104. Ncall Research, Inc. Committee, Inc. Grant Type: Comprehensive 363 Saulsbury Road, Dover, DE 19904. 104 E. Center Street, Oakland, MD 21550. Amount Awarded: $27,835.00 Grant Type: Comprehensive Grant Type: Comprehensive Isles, Inc. Amount Awarded: $35,169.00 Amount Awarded: $35,169.00 10 Wood Street, Trenton, NJ 08618. Near Northeast Community Improvement Greater Boston Legal Services, Inc. Grant Type: Comprehensive Corporation 197 Friend Street, Boston, MA 02114. Amount Awarded: $20,000.00 1326 Florida Avenue, NE., Washington, DC Grant Type: Comprehensive Jersey Counseling & Housing Development 20002. Amount Awarded: $38,836.00 Inc. Grant Type: Comprehensive Greater Eastside Community Association 1840 South Broadway, Camden City, NJ Amount Awarded: $28,962.00 2804 N. Franklin Avenue, Flint, MI 48506. 08104. Neighborhood House, Inc. Grant Type: Comprehensive Grant Type: Comprehensive 1218 B Street, New Castle County, Amount Awarded: $22,334.00 Amount Awarded: $36,000.00 Wilmington, DE 19801. Hill Development Corporation of New Haven Kanawha Institute for Social Research and Grant Type: Comprehensive 649 Howard Avenue, New Haven, CT 06519. Action Amount Awarded: $29,669.00 Grant Type: Comprehensive 124 Marshall Avenue, Dunbar, WV 25064. Neighborhood Housing Services of New Amount Awarded: $48,004.00 Grant Type: Comprehensive Britain, Inc. Home Partnership, Inc. Amount Awarded: $33,336.00 223 Broad Street, New Britian, CT 06053. 1221 B Brass Mill Road, Belcamp, MD 21017. Kiryas Joel Community Housing Grant Type: Comprehensive Grant Type: Comprehensive Development Organization, Inc. Amount Awarded: $44,337.00 Amount Awarded: $20,501.00 51 Forest Road, Suite 360, Monroe, NY Neighbors Helping Neighbors, Inc. Homes on the Hill Community Development 10950. 443 39th Street, Brooklyn, NY 11232. Corporation Grant Type: Comprehensive Grant Type: Comprehensive 12 South Terrace Avenue, Columbus, OH Amount Awarded: $25,000.00 Amount Awarded: $48,004.00 43204. Laconia Area Community Land Trust, Inc. Northfield Community LDC OF SI, Inc. Grant Type: Comprehensive 658 Union Avenue, P.O. Box 6104, Laconia, 160 Heberton Avenue, Staten Island, NY Amount Awarded: $18,667.00 NH 03247. 10302. Housing Authority of the City of Paterson Grant Type: Comprehensive Grant Type: Comprehensive 60 Van Houten Street, P.O. Box H, Paterson, Amount Awarded: $40,000.00 Amount Awarded: $37,003.00 NJ 07505. Lighthouse Community Development Northwest Counseling Service, Inc. Grant Type: Comprehensive 46156 Woodward Avenue, Pontiac, MI 5001 North Broad Street, Philadelphia, PA Amount Awarded: $29,669.00 48342. 19141. Housing Authority of the County of Butler Grant Type: Comprehensive Grant Type: Comprehensive 114 Woody Drive, Butler, PA 16001. Amount Awarded: $35,169.00 Amount Awarded: $42,500.00 Grant Type: Comprehensive Long Island Housing Services, Inc. Northwest Michigan Human Services Amount Awarded: $33,336.00 3900 Veterans Memorial Highway, Suite 251, Agency, Inc. Housing Council in the Monroe County Area, Bohemia, NY 11716. 3963 Three Mile Rd, Traverse City, MI 49686. Inc. Grant Type: Comprehensive Grant Type: Comprehensive 183 E. Main Street, Suite 1100, Rochester, NY Amount Awarded: $53,505.00 Amount Awarded: $49,838.00 14604. Lutheran Housing Corporation Oakland County Michigan Grant Type: Comprehensive 13944 Euclid Avenue, Suite 208, East 1200 North Telegraph Road, Oakland County, Amount Awarded: $46,171.00 Cleveland, OH 44112. Pontiac, MI 48341–0414. Housing Council of York, Inc. Grant Type: Comprehensive Grant Type: Comprehensive 35 South Duke Street, York County, York, PA Amount Awarded: $20,000.00 Amount Awarded: $38,836.00 17403. Lynchburg Community Action Group, Inc. Office of Human Affairs Grant Type: Comprehensive 926 Commerce Street, Lynchburg, VA 24504. 6060 Jefferson Avenue., Suite 12C, P.O. Box Amount Awarded: $36,000.00 Grant Type: Comprehensive 37, Newport News, VA 23607. Housing Counseling Services, Inc. Amount Awarded: $42,503.00 Grant Type: Comprehensive 2430 Ontario Road, NW., Washington, DC Marshall Heights Community Development Amount Awarded: $9,466.00 20009. Organization Opportunities For Chenango, Inc. Grant Type: Comprehensive 3939 Benning Road, NE., Washington, DC P.O. Box 470, 44 West Main Street, Norwich, Amount Awarded: $53,505.00 20019. NY 13815–0470. Housing Initiative Partnership, Inc. Grant Type: Comprehensive Grant Type: Comprehensive 4310 Gallatin Street, 3rd Floor, Hyattsville, Amount Awarded: $33,336.00 Amount Awarded: $30,000.00 MD 20781. Metro Interfaith Services, Inc. Oswego Housing Development Council Grant Type: Comprehensive 21 New Street, Binghamton, NY 13903. 2822 State Rte. 69, P.O. Box 147, Parish, NY Amount Awarded: $27,835.00 Grant Type: Comprehensive 13131. Housing Opportunities Made Equal of Amount Awarded: $20,000.00 Grant Type: Comprehensive Richmond, Inc. Michigan Housing Counselors, Inc. Amount Awarded: $19,000.00 2201 West Broad Street, Suite 200, 237 S.B. Gratiot Avenue, Mt. Clemens, MI People Incorporated of Southwest Virginia Richmond, VA 23220. 48043. 1173 West Main Street, Abington, VA 24210. Grant Type: Comprehensive Grant Type: Comprehensive Grant Type: Comprehensive

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Amount Awarded: $35,000.00 One West Main Street, 2nd Floor, Somerville, 8033 Ashton Avenue, Suite 105 Peoples Regional Opportunity Program NJ 08876. Manassas, VA 20109. (PROP) Grant Type: Comprehensive Grant Type: Comprehensive 510 Cumberland Avenue, Portland, ME Amount Awarded: $45,000.00 Amount Awarded: $38,836.00 04101. Southeast Community Development Virginia Eastern Shore Economic Grant Type: Comprehensive Corporation Empowerment and HSG. Corp. Amount Awarded: $35,000.00 10 South Wolfe Street, Baltimore, MD 21231. P.O. Box 814, Nassawadox, VA 23413. Philadelphia Council for Community Grant Type: Comprehensive Grant Type: Comprehensive Advancement Amount Awarded: $27,835.00 Amount Awarded: $10,000.00 100 North 17th Street, Suite 700, Southwest Michigan Community Action Washington County Community Housing Philadelphia, PA 19103. Agency Resource Board, Inc. Grant Type: Comprehensive 185 E. Main, Suite 200, Benton Harbor, MI 21 E. Franklin Street, Hagerstown, MD 21740. Amount Awarded: $29,000.00 49022–4432. Grant Type: Comprehensive Phoenix Non-Profit Housing Corp. Grant Type: Comprehensive Amount Awarded: $25,000.00 1640 Porter Street, Detroit, MI 48216. Amount Awarded: $8,920.00 Westchester Residential Opportunities, Inc. Grant Type: Comprehensive St. James Community Development 470 Mamaroneck Avenue, Suite 410 Amount Awarded: $35,169.00 Corporation White Plains, NY 10605. Piedmont Housing Alliance 402 Broad Street, Newark, NJ 07104. Grant Type: Comprehensive 2000 Holiday Drive, Suite 200, Grant Type: Comprehensive Amount Awarded: $22,334.00 Charlottesville, VA 22901. Amount Awarded: $15,000.00 WSOS Community Action Commission, Inc. Grant Type: Comprehensive Stark Metropolitan Housing Authority 109 South Front Street, Fremont, OH 43420. Amount Awarded: $38,836.00 400 E. Tuscarawas, Canton, OH 44702. Grant Type: Comprehensive Pine Tree Legal Assistance, Inc. Grant Type: Comprehensive Amount Awarded: $33,336.00 88 Federal St., Portland, ME 04112. Amount Awarded: $23,535.00 YWCA of New Castle County Grant Type: Comprehensive Strycker’s Bay Neighborhood Council, Inc. 233 King Street, Wilmington, DE 19801. Amount Awarded: $19,946.00 63 West 87th Street, New York, NY 10024. Grant Type: Comprehensive Plymouth Redevelopment Authority Grant Type: Comprehensive Amount Awarded: $20,000.00 11 Lincoln Street, Plymouth, MA 02360. Amount Awarded: $35,169.00 Grant Type: Comprehensive Tabor Community Services Inc. Santa Ana (HOC) Amount Awarded: $25,000.00 439 East King St., Lancaster, PA 17602. Access, Inc. Pro-Home, Inc. Grant Type: Comprehensive 3630 Aviation Way, P.O. Box 4666, Medford, 45 School Street, Taunton, MA 02780. Amount Awarded: $42,503.00 OR 97537. Grant Type: Comprehensive Telamon Corporation Grant Type: Comprehensive Amount Awarded: $27,835.00 4913 Fithzhugh Avenue, Suite 202, Amount Awarded: $15,000.00 Putnam County Housing Corporation Richmond, VA 23230. Administration of Resources and Choices 11 Seminary Hill Road, Carmel, NY 10512. Grant Type: Comprehensive 209 S. Tucson Blvd., P.O. Box 86802, Grant Type: Comprehensive Amount Awarded: $40,000.00 Tucson, AZ 85754. Amount Awarded: $35,000.00 The Way Home Grant Type: Comprehensive Quincy Community Action Programs, Inc. 214 Spruce Street, Manchester, NH 03103. Amount Awarded: $50,465.00 1509 Hancock Street, Norfolk County, Grant Type: Comprehensive CCCS of Alaska Quincy, MA 02169. Amount Awarded: $53,505.00 209 East 4th Avenue, Municipality of Grant Type: Comprehensive Three Rivers Center for Independent Living Anchorage, Anchorage, AK 99501. Amount Awarded: $35,000.00 Services (TRCIL) Grant Type: Comprehensive Rockland Housing Action Coalition, Inc. 900 Rebecca Avenue, Wilkinsburg, PA 15221. Amount Awarded: $95,352.00 95 New Clarkstown Road, Nanuet, NY 10954. Grant Type: Comprehensive CCCS of Mid Counties Grant Type: Comprehensive Amount Awarded: $18,667.00 2575 Grand Canal Blvd., Suite 100, Stockton, Amount Awarded: $30,000.00 Total Action Against Poverty (TAP) CA 95207. Rural Sullivan Housing Corporation 145 Campbell Avenue, S.W., P.O. Box 2868, Grant Type: Comprehensive P.O. Box 1497, Monticello, NY 12701. Roanoke, VA 24001–2868. Amount Awarded: $150,000.00 Grant Type: Comprehensive Grant Type: Comprehensive CCCS of Orange County Amount Awarded: $15,000.00 Amount Awarded: $34,506.00 1920 Old Tustin Avenue, Santa Ana, CA Rural Ulster Preservation Company, Inc. TRI County Housing Council 92711–1330. 289 Fair Street, Ulster County, Kingston, NY 143 Hibbard Road, P.O. Box 451, Grant Type: Comprehensive 12401. Chemung, NY 14814. Amount Awarded: $77,889.00 Grant Type: Comprehensive Grant Type: Comprehensive CCCS of Southern Nevada Amount Awarded: $33,431.00 Amount Awarded: $28,727.00 3650 S. Decatur, Suite 30, Las Vegas, NV Schuylkill Community Action United Neighborhood Centers of Lackawanna 89103. 206 North Second Street, Pottsville, PA County, Inc. Grant Type: Comprehensive 17901. 425 Alder Street, Scranton, PA 18505. Amount Awarded: $100,000.00 Grant Type: Comprehensive Grant Type: Comprehensive City of Anaheim Housing Authority Amount Awarded: $25,000.00 Amount Awarded: $42,503.00 201 S. Anaheim Blvd. Suite 203, Anaheim, Senior Citizens United Community Services University Legal Services CA 92805. of CC, Inc. 300 I Street, NE, Suite 130, Washington, DC Grant Type: Comprehensive 146 Black Horse Pike, Mt. Ephraim, NJ 20002. Amount Awarded: $68,567.00 08059. Grant Type: Comprehensive City of Vacaville, Office of Housing and Grant Type: Comprehensive Amount Awarded: $27,835.00 Redevelopment Amount Awarded: $15,000.00 Urban League of Rhode Island, Inc. 40 Eldridge Avenue, Suite 2, Vacaville, CA Skyline Cap, Inc. 246 Prairie Avenue, Providence County, 95688. P.O. Box 588, Madison, VA 22727. Providence, RI 02905. Grant Type: Comprehensive Grant Type: Comprehensive Grant Type: Comprehensive Amount Awarded: $15,000.00 Amount Awarded: $37,003.00 Amount Awarded: $33,245.00 Community Action Partnership Somerset County Coalition on Affordable Virginia Cooperative Extension, Prince 124 New 6TH Street, Lewiston, ID 83501 Housing William Grant Type: Comprehensive

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Amount Awarded: $55,000.00 8811 South Tacoma Way, Suite 201, Grant Type: Predatory Lending Community Housing and Credit Counseling Lakewood, WA 98499–4588. Amount Awarded: $39,176.00 Center (CHCCC) Grant Type: Comprehensive Commission on Economic Opportunity 1001 Willow St., Chico, CA 95928. Amount Awarded: $35,000.00 165 Amber Lane, P. O. Box 1127, Wilkes- Grant Type: Comprehensive Portland Housing Center Barre, PA 18703–1127. Amount Awarded: $40,000.00 3233 NE Sandy Boulevard, Grant Type: Predatory Lending Consumer Counseling Northwest Portland, OR 97232. Amount Awarded: $15,000.00 11306 Bridgeport Way SW, Tacoma, WA Grant Type: Comprehensive Community Action Services 98499. Amount Awarded: $60,000.00 815 South Freedom Blvd., Suite 100, Provo, Grant Type: Comprehensive San Diego Home Loan Counseling Service UT 84601. Amount Awarded: $20,000.00 3180 University Ave., Suite 430, San Diego, Grant Type: Predatory Lending Consumer Credit Counselors of Kern County, CA 92104. Amount Awarded: $7,965.00 Inc. Grant Type: Comprehensive Community and Economic Development 5300 Lennox Avenue, Suite 200, Bakersfield, Amount Awarded: $100,000.00 Association CA 93309, Spokane Neighborhood Action Program 208 S. LaSalle Street, Suite 1900, Chicago, IL Grant Type: Comprehensive 2116 East First Avenue, 60604. Amount Awarded: $68,567.00. Spokane, WA 99202. Grant Type: Predatory Lending County of Santa Cruz Housing Authority Grant Type: Comprehensive Amount Awarded: $30,707.00 2160 41st Avenue, Capitola, CA 95010–2060. Amount Awarded: $107,000.00 Community Development Corp. of Grant Type: Comprehensive Springboard, Non-Profit Consumer Credit Brownsville Amount Awarded: $30,000. Management 901 E. Levee St., Brownsville, TX 78520. East LA Community Corporation 6370 Magnolia Ave., Suite 200, Riverside, CA Grant Type: Predatory Lending 530 South Boyle Avenue, 92056 Amount Awarded: $25,000.00 Los Angeles, CA 90033. Grant Type: Comprehensive Community Service Network Inc. Grant Type: Comprehensive Amount Awarded: $150,000.00 52 Broadway, Stoneham, ME 02180–1003. Amount Awarded: $49,777.00 TMM Family Services, Inc. Grant Type: Predatory Lending Eden Council For Hope and Opportunity 3127 East Adams St., Tucson, AZ 85716. Amount Awarded: $15,000.00 770 A Street, Grant Type: Comprehensive Family Housing Advisory Services, Inc. Hayward, CA 94541. Amount Awarded: $25,000.00 2416 Lake Street, Omaha, NE 68111. Grant Type: Comprehensive Umpqua Community Action Network Grant Type: Predatory Lending Amount Awarded: $67,230.00 2448 W. Harvard, Roseburg, OR 97470. Amount Awarded: $37,843.00 Fair Housing Council of Orange County Grant Type: Comprehensive Fremont Public Association 201 So. Broadway, Amount Awarded: $40,000.00 P.O. Box 31151, Seattle, WA 98103–1151. Santa Ana, CA 92701. Washoe County Dept. of Senior Services Grant Type: Predatory Lending Grant Type: Comprehensive 1155 East Ninth Street, Reno, NV 89511. Amount Awarded: $37,843.00 Amount Awarded: $63,000.00 Grant Type: Comprehensive Housing Council in the Monroe County Area, Family Housing Resources, Inc. Amount Awarded: $40,000.00. Inc. 3002 N. Campbell Avenue, Suite 200, Washoe Legal Services 183 E. Main Street, Suite 1100, Rochester, NY Tucson, AZ 85719. 650 Tahoe Street, Reno, NV 89509. 14604. Grant Type: Comprehensive Grant Type: Comprehensive Grant Type: Predatory Lending Amount Awarded: $58,000.00 Amount Awarded: $40,000.00 Amount Awarded: $36,059.00 Fremont Public Association Women’s Development Center, Housing Council of York P.O. Box 31151, Seattle, WA 98103. 953 E. Sahara Suite #201, Las Vegas, NV 35 S. Duke Street, York, PA 17403. Grant Type: Comprehensive 89104. Grant Type: Predatory Lending Amount Awarded: $90,000.00 Grant Type: Comprehensive Amount Awarded: $30,707.00 Inland Fair Housing and Mediation Board Amount Awarded: $40,000.00 Housing Opportunities Made Equal of 1005 Begonia Avenue, Ontario, CA 91762. Richmond, Inc. Grant Type: Comprehensive Predatory Lending (38) 2201 West Broad Street, Suite 200, Amount Awarded: $137,551.00 Acorn Housing Corporation Richmond, VA 23220. Institute of Human Services, Inc. 846 N. Broad St., Philadelphia, PA 19130. Grant Type: Predatory Lending 546 Ka’haahi Street, Honolulu, HI 96817. Grant Type: Predatory Lending Amount Awarded: $40,000.00 Grant Type: Comprehensive Amount Awarded: $380,282.00 Justine Petersen Housing and Reinvestment Amount Awarded: $34,000.00 Anaheim Housing Authority 5031 Northrup Ave., St. Louis, MO 63110. Labor’s Community Service Agency 201 S. Anaheim Blvd., Suite 203, Anaheim, Grant Type: Predatory Lending 5818 N. 7th Street. #100, Phoenix, AZ 85014. CA 92805. Amount Awarded: $40,000.00 Grant Type: Comprehensive Grant Type: Predatory Lending Legal Aid Society of Hawaii Amount Awarded: $54,784.00 Amount Awarded: $25,351.00 924 Bethel, Honolulu, HI 96813. Legal Aid Society of Hawaii Carver County Housing and Redevelopment Grant Type: Predatory Lending 924 Bethel Street, Authority Amount Awarded: $22,858.00 Honolulu, HI 96813. 705 N. Walnut Street, Chaska, MN 55318. Legal Assistance Foundation of Metropolitan Grant Type: Comprehensive Grant Type: Predatory Lending Chicago Amount Awarded: $40,000.00 Amount Awarded: $25,000.00 111 West Jackson Blvd., Chicago, IL 60604. Neighborhood House Association Catholic Community Services, Inc. Grant Type: Predatory Lending 5660 Copley Drive, San Diego, CA 92111. 1416 Cumming Ave, Superior, WI 54880. Amount Awarded: $39,627.00 Grant Type: Comprehensive Grant Type: Predatory Lending Legal Services of Eastern Mo, Inc. Amount Awarded: $100,171.00 Amount Awarded: $20,000.00 4232 Forest Park Ave., St.Louis, MO 63108. Open Door Counseling Social Service Citizen Action of New Jersey Grant Type: Predatory Lending 34420 SW Tualatin Valley Highway, 400 Main Street, Hackensack, NJ 07601. Amount Awarded: $36,059.00 Hillsboro, OR 97123. Grant Type: Predatory Lending Memphis Area Legal Services, Inc. Grant Type: Comprehensive Amount Awarded: $40,000.00 109 N. Main, 2nd Floor, Memphis, TN 38103. Amount Awarded: $50,000.00 City of San Antonio Grant Type: Predatory Lending Pierce County Department of Community 115 Plaza De Armas, Suite 230, San Antonio, Amount Awarded: $36,059.00 Services TX 78205. Mobile Housing Board

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151 S. Claiborne St., Mobile, AL 36602. Westchester Residential Opportunities Inc. 1333 North Main Street, Wheaton, IL 60187. Grant Type: Predatory Lending 470 Mamaroneck Ave, Suite 410, White Grant Type: Section 8 Amount Awarded: $40,000.00 Plains, NY 10605. Amount Awarded: $10,000.00 Nareb Investment Div. INC.—HCA Grant Type: Predatory Lending Family Counseling Service, Inc. 1301 85th Ave., Oakland, CA 94621. Amount Awarded: $28,922.00 1639 Atlantic Blvd., Jacksonville, FL 32207. Grant Type: Predatory Lending Grant Type: Section 8 Section 8 (39) Amount Awarded: $367,605.00 Amount Awarded: $25,000.00 Acorn Housing Corporation National Foundation For Credit Counseling, Georgia Housing and Finance Authority 846 N. Broad Street, Philadelphia, PA 19130. Inc. 60 Executive Park South, NE, Atlanta, GA Grant Type: Section 8 801 Roder Road, #900, Silver Spring, MD 30329–2231. Amount Awarded: $250,962.00 20910. Grant Type: Section 8 Grant Type: Predatory Lending Anahein Housing Authority Amount Awarded: $21,280.00 Amount Awarded: $371,831.00 201 South Anaheim Blvd. Suite 203, Anaheim, CA 92805. Housing Authority of the City of Fresno NHS of New Britain, Inc. 1331 Fulton Mall, P.O. Box 11985, Fresno, 223 Broad Street, New Britain, CT 06053. Grant Type: Section 8 Amount Awarded: $31,305.00 CA 93776–1985. Grant Type: Predatory Lending Grant Type: Section 8 Appalachian Housing and Redevelopment Amount Awarded: $5,157.00 Amount Awarded: $36,740.00 Corporation Northwest Counseling Services, Inc. Housing Authority of the City of Paterson 5001 N. Broad St., Philadelphia, PA 19141. 800 North Fifth Avenue, Rome, GA 30162. Grant Type: Section 8 60 Van Houten Street, P.O. Box H, Paterson, Grant Type: Predatory Lending NJ 07505. Amount Awarded: $32,490.00 Amount Awarded: $15,600.00 Arundel Community Development Services Grant Type: Section 8 Oglala Sioux Tribe Partnership for Housing, Amount Awarded: $36,740.00 Inc. 2666 Riva Road Suite 210, Annapolis, MD Housing Authority of the County of Butler P. O. Box 3001, Pine Ridge, SD 57770. 21224. 114 Woody Drive, Butler, PA 16001. Grant Type: Predatory Lending Grant Type: Section 8 Grant Type: Section 8 Amount Awarded: $28,922.00 Amount Awarded: $15,000.00 Amount Awarded: $33,116.00 Phoenix Housing and Counseling Non-Profit Belmont Shelter Corp. Inner City Christian Federation Inc. 1195 Main Street, Buffalo, NY 14209. 515 Jefferson SE, Gran Rapids, MI 49503. 1640 Porter, Detroit, MI 48216. Grant Type: Section 8 Grant Type: Section 8 Grant Type: Predatory Lending Amount Awarded: $40,363.00 Amount Awarded: $30,000.00 Amount Awarded: $40,000.00 Better Neighborhoods, Inc. Piedmont Housing Alliance, Inc. 986 Albany Street, Schenectady, NY 12307. Latin United Community Housing 2000 Holiday Drive, Suite 200, Grant Type: Section 8 Association Charlottesville, VA 22901. Amount Awarded: $15,000.00 3541 W. North Avenue, Chicago, IL 60647. Grant Type: Predatory Lending Citizen Action of New Jersey Grant Type: Section 8 Amount Awarded: $40,000.00 400 Main Street, Hackensack, NJ 07601. Amount Awarded: $29,493.00 Rhode Island Housing and Mortgage Finance Grant Type: Section 8 Legal Aid Society of Hawaii 44 Washington Street, Providence, RI 02903. Amount Awarded: $36,740.00 924 Bethel, Honolulu, HI 96813. Grant Type: Predatory Lending Coastal Enterprises, Inc. Grant Type: Section 8 Amount Awarded: $110,810.00 36 Water Street, P.O. Box 268, Wiscasset, ME Amount Awarded: $23,050.00 Southeast Community Development Corp. 04578. Louisville Urban League 10 South Wolfe Street, Baltimore, MD 21231. Grant Type: Section 8 1535 West Broadway, Louisville, KY 40203. Grant Type: Predatory Lending Amount Awarded: $16,000.00 Grant Type: Section 8 Amount Awarded: $25,467.00 Commission on Economic Opportunity Amount Awarded: $42,175.00 St. Martin Center, Inc. 165 Amber Lane, P.O. Box 1127, Luzerne, PA Mobile Housing Board 1701 Parade Street, Erie, PA 16503. 18703–1127. 151 S. Claiborne Street, Mobile, AL 36602. Grant Type: Predatory Lending Grant Type: Section 8 Grant Type: Section 8 Amount Awarded: $25,000.00 Amount Awarded: $10,000.00 Amount Awarded: $45,798.00 Structured Employment Economic Community Action Agency of Northwest AL, National Council of La Raza Development Corporation Inc. 1111 19th Street, NW., Suite 1000, 915 Broadway 17th Floor, New York, NY 745 Thompson Street, Florence, AL 35630. Washington, DC 20036. 10010. Grant Type: Section 8 Grant Type: Section 8 Grant Type: Predatory Lending Amount Awarded: $15,000.00 Amount Awarded: $203,846.00 Amount Awarded: $380,282.00 Community Action Project of Tulsa County National Credit Union Foundation Tabor Community Services Inc. 717 S. Houston, Suite 200, Tulsa, OK 74127. 601 Pennsylvania Avenue NW., Suite 600, 439 E. King St, Lancaster, PA 17602. Grant Type: Section 8 South Building, Washington, DC 20004. Grant Type: Predatory Lending Amount Awarded: $18,000.00 Grant Type: Section 8 Amount Awarded: $26,000.00 Community Development Corp. of Amount Awarded: $224,038.00 Utah State University Family Life Center Brownsville Neighborhood Housing Services of NYC 493 N. 700 East, Logan, UT 84321–4231. 901 E. Levee Street, Brownsville, TX 78520. 307 West 36th Street, 12 Fl., New York, NY Grant Type: Predatory Lending Grant Type: Section 8 10018. Amount Awarded: $7,788.00 Amount Awarded: $30,000.00 Grant Type: Section 8 Amount Awarded: $33,116.00 Washington State Housing Finance Community Development Program Center of Commission Nevada Neighborhood Reinvestment Corporation 1000 Second Ave., Suite 2700, Seattle, WA 2009 Alta Driva, Las Vegas, NV 89106. 1325 G Street, NW., Suite 800, Washington, 98104–1046. Grant Type: Section 8 DC 20005. Grant Type: Predatory Lending Amount Awarded: $47,610.00 Grant Type: Section 8 Amount Awarded: $94,595.00 Consumer Credit Counselors of Kern County Amount Awarded: $271,154.00 West Tennessee Legal Services 5300 Lennox Avenue, Suite 200, Bakersfield, New Hampshire Housing Finance Authority 27–A Brentshire Square, P. O. Box 2066, CA 93309. 32 Constitutition Drive, Bedford, NH 03110. Jackson, TN 38302–2066. Grant Type: Section 8 Grant Type: Section 8 Grant Type: Predatory Lending Amount Awarded: $17,400.00 Amount Awarded: $46,134.00 Amount Awarded: $94,595.00 Dupage Homeownership Center, Inc. North Dakota Housing Finance Agency

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1500 East Capitol Avenue, P.O. Box 1535, apartments) on a 2.398-acre property in providing $4,796.00 to the Houston Bismarck, ND 58502. the Tahitian Village Subdivision, Toad Conservation Fund at the National Grant Type: Section 8 Bastrop County, Texas. Fish and Wildlife Foundation for the Amount Awarded: $20,000.00 DATES: To ensure consideration, written specific purpose of land acquisition and Philadelphia Council for Community comments must be received on or before management within Houston toad Advancement habitat. 100 North 17th Street, Suite 700, April 23, 2004. Philadelphia, PA 19103. ADDRESSES: Persons wishing to review Authority: 16 U.S.C. 1531, et seq. Grant Type: Section 8 the application may obtain a copy by Bryan Arroyo, Amount Awarded: $42,754.00 writing to the Regional Director, U.S. Assistant Regional Director, Ecological Rural Ulster Preservation Company, Inc. Fish and Wildlife Service, P.O. Box 289 Fair Street, Kingston, NY 12401. Services, Region 2, Albuquerque, New 1306, Room 4102, Albuquerque, New Mexico. Grant Type: Section 8 Mexico 87103. Persons wishing to Amount Awarded: $19,336.00 [FR Doc. 04–3794 Filed 2–20–04; 8:45 am] review the EA/HCP may obtain a copy BILLING CODE 4510–55–P Sandhills Community Action Program, Inc. by contacting Clayton Napier, U.S. Fish 103 Saunders Street, Carthage, NC 28327. Grant Type: Section 8 and Wildlife Service, 10711 Burnet Amount Awarded: $31,305.00 Road, Suite 200, Austin, Texas 78758 DEPARTMENT OF THE INTERIOR Spanish Coalition for Housing (512/490–0057). Documents will be 4035 West North Avenue, Chicago, IL 60639. available for public inspection by Fish and Wildlife Service Grant Type: Section 8 written request or by appointment only, Amount Awarded: $43,986.00 during normal business hours (8 to 4:30) Notice of Meeting of the Trinity Tabor Community Services, Inc. at the U.S. Fish and Wildlife Service, Adaptive Management Working Group 439 East King Street, Lancaster, PA 17602. Austin, Texas Office. Written data or Grant Type: Section 8 comments concerning the application AGENCY: Fish and Wildlife Service, Amount Awarded: $43,986.00 and EA/HCP should be submitted to the Interior. The Housing Partnership, Inc. Supervisor, U.S. Fish and Wildlife ACTION: Notice of meeting. 333 Guthrie Green, Suite 404, Lousiville, KY Service, Austin, Texas, at the above 40202. address. Please refer to permit number SUMMARY: Pursuant to section 10(a)(2) of Grant Type: Section 8 the Federal Advisory Committee Act (5 Amount Awarded: $43,986.00 TE–082706–0 when submitting comments. U.S.C. App. I), this notice announces a Twin Rivers Opportunities, Inc. meeting of the Trinity Adaptive 318 Craven Street, New Bern, NC 28563. FOR FURTHER INFORMATION CONTACT: Management Working Group (TAMWG). Grant Type: Section 8 Clayton Napier at the above U.S. Fish Amount Awarded: $21,401.00 The TAMWG affords stakeholders the and Wildlife Service, Austin, Texas opportunity to give policy, management, Washington State Housing Finance Office. Comission and technical input concerning Trinity 1000 Second Avenue, Suite 2700, Seattle, SUPPLEMENTARY INFORMATION: Section 9 River restoration efforts to the Trinity WA 98104–1046. of the Act prohibits the ‘‘taking’’ of Management Council. Primary Grant Type: Section 8 endangered species such as the Houston objectives of the meeting will include: Amount Awarded: $62,586.00 toad. However, the Fish and Wildlife discuss strategic plan for Trinity River Cabarrus County Community Development Service (Service), under limited Restoration Program, program Corporation circumstances, may issue permits to evaluation, election of officers, charter P.O. Box 1095, Concord, NC 28026. take endangered wildlife species when renewal and member appointments, Grant Type: the taking is incidental to, and not the TAMWG operations and subcommittees, Amount Type: $40,000.00 purpose of, otherwise lawful activities. annual flow schedule, and a tentative [FR Doc. 04–3761 Filed 2–20–04; 8:45 am] Regulations governing permits for field trip. The agenda items are BILLING CODE 4210–27–P endangered species are at 50 CFR 17.22. approximate and are dependent on the The Service has prepared the amount of time each item takes. The Environmental Assessment/Habitat meeting could end early if the agenda DEPARTMENT OF THE INTERIOR Conservation Plan (EA/HCP) for the has been completed. The meeting is incidental take application. A open to the public. Fish and Wildlife Service determination of jeopardy or non- DATES: The Trinity Adaptive jeopardy to the species and a decision Receipt of a Permit Application and Management Working Group will meet pursuant to the National Environmental from 1 p.m. to 5 p.m. on Thursday April Availability of an HCP (White) for Policy Act (NEPA) will not be made Incidental Take of the Houston Toad 1, and 8 a.m. to 5 p.m. on Friday April until at least 60 days from the date of 2, 2004. AGENCY: Fish and Wildlife Service, publication of this notice. This notice is ADDRESSES: The meeting will be held at Interior. provided pursuant to section 10(c) of the Weaverville Victorian Inn, 1709 ACTION: Notice of availability. the Act and NEPA regulations (40 CFR 1506.6). Main Street, Weaverville, CA 96093. SUMMARY: John White (applicant) has Applicant: John White plans to Telephone: (530) 623–4432. applied for an incidental take permit construct multi-family residential units, FOR FURTHER INFORMATION CONTACT: Dr. (TE–082706–0) pursuant to section 10(a) within 5 years, on a 2.398-acre property Mary Ellen Mueller of the U.S. Fish and of the Endangered Species Act, as in the Tahitian Village Subdivision in Wildlife Service, California/Nevada amended (Act). The requested permit Bastrop County, Texas. This action will Operations Office, 2800 Cottage Way, would authorize the incidental take of eliminate 2.398 acres or less of Houston W–2606, Sacramento, California 95825, the endangered Houston toad. The toad habitat and result in indirect (916) 414–6464. Dr. Mary Ellen Mueller proposed take would occur as a result impacts within the lot. The applicant is the designee of the committee’s of the construction of multi-family proposes to compensate for this Federal Official—Steve Thompson, residential units (four-plexes or incidental take of the Houston toad by Manager of the U.S. Fish and Wildlife

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Service, California/Nevada Operations T. 26 N., R. 1 W., approved September 24, investigation. The Commission has also Office. 2003, NM; decided to extend the target date for T. 21 N., R. 13 E., approved September 24, SUPPLEMENTARY INFORMATION: For completing the investigation to May 13, 2003, NM; 2004. background information and questions T. 21 N., R. 14 E., approved September 30, regarding the Trinity River Restoration 2003, NM; FOR FURTHER INFORMATION CONTACT: Wayne Herrington, Esq., Office of the Program, please contact Douglas If a protest against a survey, as shown Schleusner, Executive Director, Trinity General Counsel, U.S. International on any of the above plats is received Trade Commission, 500 E Street, SW., River Restoration Program, P.O. Box prior to the date of official filing, the 1300, 1313 South Main Street, Washington, DC 20436, telephone (202) filing will be stayed pending 205–3090. Copies of the ALJ’s ID and all Weaverville, California 96093, (530) consideration of the protest. A plat will 623–1800. other nonconfidential documents filed not be officially filed until the day after in connection with this investigation are Dated: February 13, 2004. all protests have been dismissed and or will be available for inspection Mary Ellen Mueller, become final or appeals from the during official business hours (8:45 a.m. Acting Manager, California/Nevada dismissal affirmed. to 5:15 p.m.) in the Office of the A person or party who wishes to Operations Office, Sacramento, CA. Secretary, U.S. International Trade protest against any of these surveys [FR Doc. 04–3686 Filed 2–20–04; 8:45 am] Commission, 500 E Street, SW., must file a written protest with the NM BILLING CODE 4310–55–P Washington, DC 20436, telephone (202) State Director, Bureau of Land 205–2000. General information Management, stating that they wish to concerning the Commission may also be protest. DEPARTMENT OF THE INTERIOR obtained by accessing its Internet server A statement of reasons for a protest (http://www.usitc.gov). The public Bureau of Land Management may be filed with the notice of a protest record for this investigation may be to the State Director, or the statement of viewed on the Commission’s electronic [NM–952–04–1420–BJ] reasons must be filed with the State docket (EDIS–ON–LINE) at http:// Director within thirty (30) days after the Notice of Filing Plats of Survey; New edis.usitc.gov. Hearing-impaired protest is filed. The above-listed plats Mexico persons are advised that information on represent dependent resurveys, surveys, this matter can be obtained by and subdivisions. AGENCY: Bureau of Land Management, contacting the Commission’s TDD Interior. FOR FURTHER INFORMATION CONTACT: terminal on (202) 205–1810. These plats will be available for ACTION: Notice. SUPPLEMENTARY INFORMATION: The inspection in the New Mexico State Commission instituted this investigation SUMMARY: The plats of survey described Office, Bureau of Land Management, on February 13, 2003, based on a below are scheduled to be officially P.O. Box 27115, Santa Fe, New Mexico, complaint filed by Deere & Company filed in the New Mexico State Office, 87502–0115. Copies may be obtained (‘‘Deere’’) of Moline, Illinois. 68 FR 7388 Bureau of Land Management, Santa Fe, from this office upon payment of $1.10 (February 13, 2003). The complaint, as New Mexico, (30) thirty calendar days per sheet. from the date of this publication. supplemented, alleged violations of Dated: December 29, 2003. section 337 of the Tariff Act of 1930 in SUPPLEMENTARY INFORMATION: Jay M. Innes, the importation into the United States, Indian Meridian, Oklahoma Acting Chief Cadastral Surveyor. sale for importation, and sale within the T. 10 N., R. 27 E., approved December 10, [FR Doc. 04–3820 Filed 2–20–04; 8:45 am] United States after importation of 2003, for Group 61 OK; BILLING CODE 4310–FB–M certain agricultural vehicles and T. 11 N., R. 27 E., approved December 12, components thereof by reason of 2003, for Group 61 OK; infringement and dilution of U.S. T. 25 N., R. 9 E., approved December 27, INTERNATIONAL TRADE Registered Trademarks Nos. 1,254,339; 2003, for Group 102 OK; COMMISSION 1,502,103; 1,503,576; and 91,860. New Mexico Principal Meridian, New On August 27, 2003, the Commission Mexico [Inv. No. 337–TA–487] issued notice that it had determined not to review Order No. 14, granting T. 5 S., R. 18 W., approved October 27, 2003, Certain Agricultural Vehicles and complainant’s motion to amend the for Group 915 NM; Components Thereof; Notice of T. 12 N., R. 4 E., approved September 30, complaint and notice of investigation to Commission Decision To Extend the 2003, for Group 999 NM; add U.S. Trademark Registration No. Time To Determine Whether To Review T. 32 N., R. 10 W., approved September 5, 2,729,766. an Initial Determination and To Extend 2003, for Group 1008 NM; On November 14, 2003, the the Target Date Sixth Principal Meridian, Kansas Commission issued notice that it had T. 34S., R. 40 W., approved September 3, AGENCY: International Trade determined not to review Order No. 29, 2003, for Group 25 KS; Commission. granting complainant’s motion for ACTION: Notice. summary determination that Protraction Diagrams for complainant had met the technical T. 24 N., R. 2 E., approved September 30, SUMMARY: Notice is hereby given that prong of the domestic industry 2003, NM; the U.S. International Trade requirement. T. 24 N., R. 3 E., approved September 30, Commission has decided to extend to Twenty-four respondents were named 2003, NM; March 29, 2004, the time to determine in the Commission’s notice of T. 25 N., R. 1 W., approved September 30, 2003, NM; whether to review the presiding investigation. Several of these have been T. 20 N., R. 11 E., approved September 30, administrative law judge’s (‘‘ALJ’s’’) terminated from the investigation on the 2003, NM; final initial determination (‘‘ID’’) finding basis of consent orders. Several other T. 20 N., R. 12 E., approved September 30, a violation of section 337 of the Tariff respondents have been found to be in 2003, NM; Act of 1930 in the above-captioned default.

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On January 13, 2004, the ALJ issued 9505.90.40. Unless the Department of representative consumer organizations his final initial determination finding a Commerce extends the time for have the right to appear as parties in violation of section 337. He also initiation pursuant to section Commission antidumping recommended the issuance of remedial 732(c)(1)(B) of the Act (19 U.S.C. investigations. The Secretary will orders. Two groups of respondents have 1673a(c)(1)(B)), the Commission must prepare a public service list containing petitioned for review of the ID. reach a preliminary determination in the names and addresses of all persons, Complainant and the Commission antidumping investigations in 45 days, or their representatives, who are parties investigative attorney have filed or in this case by April 2, 2004. The to this investigation upon the expiration oppositions to those petitions. Commission’s views are due at of the period for filing entries of This action is taken under the Commerce within five business days appearance. authority of section 337 of the Tariff Act thereafter, or by April 9, 2004. Limited disclosure of business of 1930, as amended (19 U.S.C. 1337), For further information concerning proprietary information (BPI) under an and sections 210.42 and 210.51 of the the conduct of this investigation and administrative protective order (APO) Commission’s Rules of Practice and rules of general application, consult the and BPI service list. Pursuant to section Procedure (19 CFR 210.42, 210.51). Commission’s rules of practice and 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in this Issued: February 18, 2004. procedure, part 201, subparts A through E (19 CFR part 201), and part 207, investigation available to authorized By order of the Commission. subparts A and B (19 CFR part 207). applicants representing interested Marilyn R. Abbott, EFFECTIVE DATE: February 17, 2004. parties (as defined in 19 U.S.C. 1677(9)) Secretary. who are parties to the investigation FOR FURTHER INFORMATION CONTACT: Fred [FR Doc. 04–3845 Filed 2–20–04; 8:45 am] under the APO issued in the Ruggles (202–205–3187 or BILLING CODE 7020–02–P investigation, provided that the [email protected]), Office of application is made not later than seven Investigations, U.S. International Trade days after the publication of this notice Commission, 500 E Street, SW., INTERNATIONAL TRADE in the Federal Register. A separate Washington, DC 20436. Hearing- COMMISSION service list will be maintained by the impaired persons can obtain Secretary for those parties authorized to [Investigation No. 731–TA–1070 information on this matter by contacting (Preliminary)] receive BPI under the APO. the Commission’s TDD terminal on 202– Conference. The Commission’s 205–1810. Persons with mobility Certain Tissue Paper Products and Director of Operations has scheduled a impairments who will need special Crepe Paper Products From China conference in connection with this assistance in gaining access to the investigation for 9:30 a.m. on March 9, AGENCY: International Trade Commission should contact the Office 2004, at the U.S. International Trade Commission. of the Secretary at 202–205–2000. Commission Building, 500 E Street, ACTION: Institution of antidumping General information concerning the SW., Washington, DC. Parties wishing to investigation and scheduling of a Commission may also be obtained by participate in the conference should preliminary phase investigation. accessing its Internet server (http:// contact Fred Ruggles (202–205–3187) www.usitc.gov). The public record for not later than March 5, 2004, to arrange SUMMARY: The Commission hereby gives this investigation may be viewed on the for their appearance. Parties in support notice of the institution of an Commission’s electronic docket (EDIS) of the imposition of antidumping duties investigation and commencement of at http://edis.usitc.gov. in this investigation and parties in preliminary phase antidumping SUPPLEMENTARY INFORMATION: opposition to the imposition of such investigation No. 731–TA–1070 Background. This investigation is duties will each be collectively (Preliminary) under section 733(a) of the being instituted in response to a petition allocated one hour within which to Tariff Act of 1930 (19 U.S.C. 1673b(a)) filed on February 17, 2004, by Seaman make an oral presentation at the (the Act) to determine whether there is Paper Company of Massachusetts, Inc. conference. A nonparty who has a reasonable indication that an industry (‘‘Seaman’’), American Crepe testimony that may aid the in the United States is materially Corporation (‘‘American Crepe’’), Eagle Commission’s deliberations may request injured or threatened with material Tissue LLC (‘‘Eagle’’), Flower City permission to present a short statement injury, or the establishment of an Tissue Mills Co. (‘‘Flower City’’), at the conference. industry in the United States is Garlock Printing & Converting, Inc. Written submissions. As provided in materially retarded, by reason of (‘‘Garlock’’), Paper Service Ltd. (‘‘Paper sections 201.8 and 207.15 of the imports from China of certain tissue Service’’), Putney Paper Co., Ltd. Commission’s rules, any person may paper products and crepe paper (‘‘Putney’’), and the Paper, Allied- submit to the Commission on or before products that are alleged to be sold in Industrial, Chemical and Energy March 12, 2004, a written brief the United States at less than fair value. Workers International Union AFL-CIO, containing information and arguments The tissue paper products and crepe CLC (‘‘PACE’’). pertinent to the subject matter of the paper products subject to this Participation in the investigation and investigation. Parties may file written investigation do not have specific public service list. Persons (other than testimony in connection with their classification numbers assigned to them petitioners) wishing to participate in the presentation at the conference no later under the Harmonized Tariff Schedule investigation as parties must file an than three days before the conference. If of the United States (HTS) and appear entry of appearance with the Secretary briefs or written testimony contain BPI, to be imported under one or more of to the Commission, as provided in they must conform with the several different residual or ‘‘basket’’ sections 201.11 and 207.10 of the requirements of sections 201.6, 207.3, categories, including but not necessarily Commission’s rules, not later than seven and 207.7 of the Commission’s rules. limited to the following subheadings: days after publication of this notice in The Commission’s rules do not 4802.30; 4802.54; 4802.61; 4802.62; the Federal Register. Industrial users authorize filing of submissions with the 4802.69; 4804.39; 4806.40; 4808.30; and (if the merchandise under Secretary by facsimile or electronic 4808.90; 4811.90; 4823.90; and investigation is sold at the retail level) means, except to the extent permitted by

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section 201.8 of the Commission’s rules, approved by the Data Integrity Board of debts to become delinquent and whose as amended, 67 FR 68036 (November 8, each agency, is sent to Congress and the debts have been sent by client Federal 2002). Office of Management and Budget, or 30 agencies to DOJ for enforced collection In accordance with sections 201.16(c) days after publication of this notice in through litigation. DOJ records will be and 207.3 of the rules, each document the Federal Register, whichever is later. matched against records contained in filed by a party to the investigation must The matching program will continue for the Privacy Act System of Records: be served on all other parties to the 18 months after the effective date and Individual Master File (IMF), Treasury/ investigation (as identified by either the may be extended for an additional 12 IRS 24.030, last published at 66 FR public or BPI service list), and a months, if the conditions specified in 5 63800 (December 10, 2001), which certificate of service must be timely U.S.C. 552a(o)(2)(D) have been met. contains taxpayer entity records and tax filed. The Secretary will not accept a modular records which contain all document for filing without a certificate REPORTING: records relative to specific tax returns of service. In accordance with the Privacy Act of for each applicable tax period or year. Authority: This investigation is being 1974 (5 U.S.C. 552a), as amended by the conducted under authority of title VII of the Computer Matching and Privacy CATEGORIES OF RECORDS/INDIVIDUALS Tariff Act of 1930; this notice is published Protection Act of 1988 (Pub. L. 100– INVOLVED: pursuant to section 207.12 of the 503), Office of Management and Budget Commission’s rules. (OMB) Guidelines on the Conduct of DOJ will submit the nine digit Social Issued: February 18, 2004. Matching Programs (54 FR 25818 Security Number (SSN) and four By order of the Commission. published June 19, 1989), OMB Bulletin character Name Control (the first four Marilyn R. Abbott, 89–22, ‘‘Instructions on Reporting letters of the surname) of each Secretary to the Commission. Computer Matching Programs to the individual whose current address is [FR Doc. 04–3799 Filed 2–20–04; 8:45 am] Office of Management and Budget requested. IRS will provide an address BILLING CODE 7020–02–P (OMB), Congress and the Public,’’ and for each taxpayer whose SSN and Name OMB Circular No. A–130, Revised Control matches the records submitted February 8, 1996, ‘‘Management of by DOJ. IRS will provide a code DEPARTMENT OF JUSTICE Federal Information Resources’’, copies explaining the type of error, if any, of this Notice and report are being encountered during processing if no [AAG/A Order No. 017–2003] provided to the Committee on address information is provided, or no Government Reform of the House of match is found. Privacy Act of 1974; Computer Representatives, the Committee on Matching Agreement Governmental Affairs of the Senate, and NOTICE PROCEDURES: AGENCY: Department of Justice. the Office of Management and Budget. IRS provides direct notice to ACTION: Notice–computer matching AUTHORITY: taxpayers in the instructions to Forms between the Department of Justice and This matching program is being 1040, 1040A, and 1040EZ, that the Internal Revenue Service, conducted under the authority of the information provided on U.S. Individual Department of Treasury. Internal Revenue Code (IRC) 6103(m)(2). Income Tax Returns may be given to SUMMARY: In accordance with the This provides for disclosure, upon other Federal agencies, as provided by Privacy Act of 1974 (5 U.S.C. 552a), as written request, of a taxpayer’s mailing law. For the records involved in this amended by the Computer Matching address for use by officers, employees, match, both IRS and DOJ have provided and Privacy Protection Act of 1988 (Pub. or agents of a Federal agency for the constructive notice to records subjects L. 100–503), Office of Management and purpose of locating such taxpayer to through the publication, in the Federal Budget (OMB) Guidelines on the collect or compromise a Federal claim Register, of system of record notices that Conduct of Matching Programs (54 FR against the taxpayer in accordance with contain routine uses permitting sections 3711, 3717, and 3718 of title 31 25818 published June 19, 1989), OMB disclosures for this matching program. Bulletin 89–22, ‘‘Instructions on of the United States Code, statutory Reporting Computer Matching Programs provisions which authorize DOJ to ADDRESS FOR RECEIPT OF PUBLIC COMMENTS to the Office of Management and Budget collect debts on behalf of the United OR INQUIRIES: (OMB), Congress and the Public,’’ and States through litigation. OMB Circular No. A–130, Revised Interested persons are invited to OBJECTIVES TO BE MET BY THE MATCHING submit written comments regarding this February 8, 1996, ‘‘Management of PROGRAM: notice to Imogene McCleary, Deputy Federal Information Resources’’, the The purpose of this program is to Department of Justice is issuing a public Director, Debt Collection Management, provide DOJ with the most current Justice Management Division, 325 7th notice of its intent to conduct a addresses of taxpayers to notify debtors Street NW., 2nd Floor South, computer matching program with the of legal actions that may be taken by Washington, DC 20530. Internal Revenue Service, Department of DOJ and the rights afforded them in the Treasury. Under this matching program, litigation to enforce collection of debts Dated: February 13, 2004. entitled Taxpayer Address Request, the owed to the United States. Paul R. Corts, IRS will provide information relating to taxpayers’ mailing addresses to the DOJ RECORDS TO BE MATCHED: Assistant Attorney General for Administration. for the purposes of enabling DOJ to DOJ will provide records from the locate debtors to initiate litigation and/ Debt Collection Management System, [FR Doc. 04–3793 Filed 2–20–04; 8:45 am] or enforce the collection of debts owed JUSTICE/JMD–006, last published at 58 BILLING CODE 4410–CN–P by the taxpayers to the United States. FR 60058–60060 (November 12, 1993). DATES: Effective date: The matching This system of records contains program will become effective 40 days information on persons indebted to the after a copy of the agreement, as United States who have allowed their

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DEPARTMENT OF JUSTICE DATES: Applications must be received have committed offenses that would not by March 24, 2004. be criminal if committed by an adult, Office of Juvenile Justice and FOR FURTHER INFORMATION CONTACT: alien juveniles in custody, and Delinquency Prevention Dennis Mondoro, Compliance nonoffenders such as dependent or [OJP (OJJDP) Docket No. 1393] Monitoring Coordinator, State Relations neglected children, shall not be placed and Assistance Division, Office of in secure detention facilities or secure Program Announcement for the Juvenile Justice and Delinquency correctional facilities. This section does Nonparticipating State Program, Prevention, at 202–307–5924 or not pertain to juveniles who are charged Wyoming [email protected]. with a violation of section 922(x) of Title 18 or a similar state law, juveniles AGENCY: Office of Juvenile Justice and SUPPLEMENTARY INFORMATION: who are charged with or who have Delinquency Prevention, Office of Purpose committed a violation of a valid court Justice Programs, Justice. order, or juveniles who are held in ACTION: Notice of solicitation. The JJDP Act, as amended through accordance with the Interstate Compact 2002, establishes four core on Juveniles. SUMMARY: The Office of Juvenile Justice requirements: Section 223(a)(12) provides that and Delinquency Prevention (OJJDP), (1) Deinstitutionalizing status juveniles alleged or found to be pursuant to the provisions of the offenders. delinquent, and those within the Juvenile Justice and Delinquency (2) Removing juveniles from adult purview of section 223(a)(11) above, Prevention (JJDP) Act, is issuing the jails and lockups. shall not be detained or confined in any following program announcement and (3) Separating juveniles and adults in institution in which they have contact solicitation for applications from local institutions. with adults incarcerated because they public and private nonprofit agencies (4) Addressing disproportionate have been convicted of a crime or are currently operating in the State of minority contact (DMC), when it exists. awaiting trial on criminal charges. Wyoming. Because Wyoming does not Meeting these core requirements is Section 223(a)(13) provides that no participate in the JJDP Act, the state is essential to creating a fair and equitable juvenile shall be detained or confined in not eligible to receive fiscal year (FY) juvenile justice system that advances any jail or lockup for adults. The OJJDP Formula Grants program allocations, the goals of the JJDP Act. The purpose Administrator may, however, declare which total $1,229,200.1 However, these of this program is to help Wyoming exceptions with regard to the detention funds are available to be competitively develop a range of secure and nonsecure of juveniles accused of nonstatus awarded through the Nonparticipating alternatives to confinement and revise offenses who are awaiting an initial State Program. Eligible applicants associated policies to ensure court appearance, provided that such include public and private nonprofit compliance with the core requirements exceptions are limited to areas that are agencies operating in Wyoming that of the JJDP Act. in compliance with section 223(a)(12). propose alternatives to secure Background Such exceptions are also limited to confinement settings that do not adhere areas that are outside a standard to the core requirements of the JJDP Act. Wyoming historically has not been metropolitan statistical area; have no These proposed programs must reflect able to successfully address the core existing acceptable alternative the core requirements of the JJDP Act. requirements of the JJDP Act due to state placement available; are located where Applicants are eligible to receive laws that sanction violations, a lack of travel conditions (e.g., a long distance or assistance awards for a 2-year period. Of local policies that promote the a lack of highway, road, or other ground the total amount of funds available, a coordination of available resources, and transportation) do not allow for court minimum of $983,360 must be used by a limited number of alternative appearances within 48 hours, so that a the grantee to contract with local public resources available to communities. brief (not to exceed 48 hours) delay is or private nonprofit agencies to provide Because of Wyoming’s inability to excusable; or are located where unsafe delinquent and status offender address the core requirements of the conditions exist (e.g., severely adverse, populations with local community- JJDP Act, the state did not submit a life-threatening weather conditions that based placement alternatives to adult Formula Grants Program plan for the FY do not allow for reasonably safe travel), jails and lockups. Up to $245,840 may 2001 and FY 2002 Formula Grants in which case the time for an be retained by the grantee to manage the Program allocations. The statutory appearance may be delayed until 24 contracts and to coordinate and provide requirements pertaining to states that do hours after the time that such conditions technical assistance and training to the not submit a Formula Grants Program allow for reasonably safe travel. local contractors funded under the plan are as follows: Section 223(a)(22) provides that states Nonparticipating State Program. Pursuant to section 223(d) of the JJDP address juvenile delinquency The grantee will be required to Act of 2002, if a state chooses not to prevention efforts and system- contract with American Indian tribes for submit a Formula Grants Program plan, improvement efforts designed to reduce, at least the same amount ($29,838) that fails to submit a plan, or submits a plan without establishing or requiring the State of Wyoming would have been that does not meet the requirements of numerical standards or quotas, the required to disburse to tribes under the the JJDP Act, the OJJDP Administrator disproportionate number of juvenile JJDP Act. The financial assistance shall make the Formula Grants Program members of minority groups who come provided by this program requires no fund allotment available, under section in contact with the juvenile justice matching contribution in accordance 222(a) of the JJDP Act, to public or system. with Part C of Title II of the JJDP Act. private nonprofit agencies within the For more information about the state. The funds must be used solely for regulatory exceptions to the provisions 1 This total is based on state allocations of the purpose of achieving compliance of sections 223(a)(11), (12), (13), and $647,000 (FY 2001) and $646,000 (FY 2002), minus with the following core requirements of (22), please contact Dennis Mondoro, $63,800, which has been awarded directly to the Wyoming Department of Family Services to support the JJDP Act: Compliance Monitoring Coordinator, the activities of the Wyoming State Advisory Group Section 223(a)(11) requires that State Relations and Assistance Division, Council on Juvenile Justice. juveniles who are charged with or who Office of Juvenile Justice and

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Delinquency Prevention, at 202–307– improvement efforts designed to reduce, adequate time to register with GMS, 592 or [email protected]. without establishing or requiring applicants must create a ‘‘user profile’’ numerical standards or quotas, the before March 9, 2004. Applicants who Goal disproportionate number of juvenile have previously registered with GMS In accordance with section 223(d) of members of minority groups who come and have a GMS password should log the JJDP Act, the goal of this program is into contact with the juvenile justice on to GMS prior to March 9, 2004 to to help Wyoming develop a range of system. Recognizing the complexity of determine whether the password is still secure and nonsecure alternatives to this issue, OJJDP requires that when a valid. If the password has expired, confinement and revise associated state determines that disproportionate follow the on-screen instructions or call policies to ensure that the core minority contact (DMC) exists, the state the GMS Hotline (888–549–9901). OJJDP requirements of the JJDP Act are met. must provide in its Formula Grants will begin accepting applications Comprehensive 3-Year Plan and Plan Objectives immediately. Applications submitted Updates a description of specific via GMS must be in the following word Local jurisdictions may be using delinquency prevention and system- processing formats: Microsoft Word secure facilities to detain or confine improvement efforts that are designed to (‘‘.doc’’), PDF files (‘‘.pdf’’), or Text juveniles in a manner inconsistent with reduce DMC within its juvenile justice Documents (‘‘.txt’’). sections 223(a)(11), (12), and (13) of the system, including law enforcement, JJDP Act. To address this issue, the courts, and corrections. In lieu of a 3- Selection Criteria following actions may be appropriate: Year Plan, the applicant should describe All applications will be peer • Develop local and statewide the extent of the DMC problem, if one reviewed. OJJDP will review peer policies regarding juveniles in secure exists, in the state and describe review results, and the U.S. Department confinement that are consistent with activities to be undertaken during the of Justice will make the final award sections 223(a)(12) and (13) and that project period to reduce DMC. determinations. Applicants will be address violations of section 223(a)(11) evaluated and rated by a peer review Eligibility Requirements of the JJDP Act. panel according to the following • Increase coordination and Eligible applicants include public and criteria: cooperation within the juvenile justice private nonprofit agencies operating in • Budget (10 points). system by involving schools, law Wyoming that propose alternatives to • Problem To Be Addressed (15 enforcement officials, prosecutors, secure confinement settings that do not points). judges, jail and corrections officials, adhere to the core requirements of the • Goals and Objectives (15 points). public and private service providers, JJDP Act. • Project Design, including and local public interest groups in Application Procedures Coordination of Federal Efforts (30 reform efforts. A lack of coordination points). and cooperation often contributes to the The Office of Justice Programs (OJP) • Management and Organizational placement of juveniles in jails and requires that applications be submitted Capability (30 points). lockups in violation of sections through its online Grants Management A completed application will include 223(a)(11), (12), and (13) of the JJDP Act. System (GMS). This online application the following program attachments: • Create a flexible network of services system is designed to streamline the and programs that responds to local processing of requests for funding. A Attachment #1: Budget Detail jurisdictions’ needs and capabilities. toll-free telephone number (888–549– Worksheet This network should focus on 9901) is available to provide applicants Budget (10 points): The proposed 24- jurisdictions with the most difficult with technical assistance as they work month budget must be complete, barriers to meeting the core through the online application process. detailed, reasonable, allowable, and requirements of the JJDP Act. Beginning October 1, 2003, a Dun and cost-effective in relation to the activities • Create alternative services that can Bradstreet (D&B) Data Universal described in this solicitation. be sustained over time with local Numbering System (DUNS) number Attachment #2: Program Narrative resources. These services include, but must be included in every application are not limited to, the following: for a new award or renewal of an award. The narrative portion of this • The availability of appropriate An application will not be considered application must not exceed 25 pages. secure juvenile facilities for the complete until a valid DUNS number is Problem To Be Addressed (15 points): detention of juvenile offenders. provided by the applicant. Individuals The applicant must demonstrate a clear • Intensive supervision in a child’s who would personally receive a grant or understanding of the core requirements home as a placement alternative and the cooperative agreement from the federal of the JJDP Act of 2002 and the manner use of home detention, including government are exempt from this in which they are currently being electronic monitoring, when safe and requirement. addressed or not addressed in appropriate. Organizations should verify that they jurisdictions throughout the state. • Emergency foster care, shelter care, have a DUNS number or take the steps Goals and Objectives (15 points): The group care, and independent living necessary to obtain one as soon as applicant must clearly outline the arrangements. possible. Applicants can receive a specific goals and objectives to be • Crisis intervention services, short- DUNS number at no cost by calling the achieved by the project. Simply term residential crisis intervention dedicated toll-free DUNS number restating the goals and objectives given programs, and nonsecure holdovers that request line at 800–333–0505. in this solicitation is not adequate. can be used for conflict mediation, Applicants should use the following Project Design (including emergency holding, and the provision of application guidelines when preparing Coordination of Efforts) (30 points): The emergency attention for youth with their application for this cooperative project design must describe how the physical or emotional problems. agreement. Applications must be applicant will have an effect on the The JJDP Act of 2002 requires states electronically submitted to OJP through following: to address juvenile delinquency GMS no later than 5 p.m., ET, on March • State laws affecting the placement prevention efforts and system- 24, 2004. However, in order to allow of juveniles in adult jails and lockups,

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status offenders and nonoffenders in evaluation) to the program or project • The grantee will reduce Wyoming’s secure detention or correctional described in the application. Deinstitutionalization of Status Offender facilities, and the issues surrounding the violations by 10 percent from the Attachment #3: Other Program removal of such juveniles from those number of violations, as reported in the Attachments facilities. 2002 Compliance Monitoring Report, by • State and local jurisdictions’ Management and Organizational the end of the project period. compliance in relation to the Capability (30 points): Applicants must • The grantee will reduce Wyoming’s measurable core requirements of the demonstrate that they are eligible to Sight and Sound Separation violations JJDP Act involving the development of compete for an award on the basis of by 10 percent from the number of alternative placements to adult jails and eligibility criteria established in this violations, as reported in the 2002 lockups. solicitation. Compliance Monitoring Report, by the • State legislative, judicial, and Organizational experience. end of the project period. • executive branch activities related to the Applicants must concisely describe The grantee will reduce Wyoming’s supervision and protection of status their experience with respect to the Jail Removal violations by 10 percent offenders and nonoffenders and jail eligibility criteria. Applicants must from the number of violations, as removal. demonstrate how their experience and reported in the 2002 Compliance • The implementation of delinquency capabilities will enable them to achieve Monitoring Report, by the end of the prevention and system-improvement the goals and objectives of this project period. efforts to reduce disproportionate initiative. Additional objectives leading to these minority contact (DMC) within the Capability of working with other outcomes should include: • Development and/or support of juvenile justice system, and the ability organizations in the state. Applicants alternatives to secure confinement for to evaluate the effectiveness of such must demonstrate that they have delinquent and status offending youth efforts and to monitor DMC trends over discussed this program with local and in those localities that inappropriately time. state-elected public officials or their hold the majority of juveniles in the • The establishment and maintenance staffs; the Wyoming State Advisory of a working relationship between the counties of Campbell and Natrona. Group; the Wyoming Department of • Proposing and ultimately adopting applicant, the Wyoming State Advisory Family Services, Division of Juvenile a Wyoming statute that changes minors Group, and the Wyoming Department of Services; key decisionmakers in the in possession of alcohol from a criminal Family Services, Division of Juvenile juvenile justice system such as juvenile offense to a status offense, and Services, to coordinate and enhance the court judges, associations of those legislation that disallows the secure project’s statewide efforts to meet the involved in juvenile justice, the boards custody of juveniles in jails and JJDP Act’s core requirements. of public and private youth-service prohibits the sight and sound contact Coordination of Federal Efforts. To providers; and other groups whose between juvenile and adults in secure encourage better coordination among cooperation or participation is essential facilities. federal agencies in addressing state and to the success of the program. The Your assistance in obtaining this local needs, the U.S. Department of applicant must describe how it will information will facilitate future Justice (DOJ) is requiring applicants to obtain the aforementioned cooperation program planning and will allow OJP to provide information on the following: or participation. provide Congress with measurable (1) Active federal grant award(s) Financial Capability. OJP requires program results of federally funded supporting this or related efforts, each private nonprofit applicant to programs. including awards from DOJ; (2) any demonstrate that its organization has or pending application(s) for federal funds can establish fiscal controls and Faith-based and Community for this or related efforts; and (3) plans accounting procedures that ensure that Organizations for coordinating any funds described in federal funds available under this It is OJP policy that faith-based and item (1) or (2) with the funding sought announcement are properly disbursed community organizations that by this application. For each federal and accounted for. statutorily qualify as eligible applicants award, applicants must include the Project and Award Period under OJP programs are invited and program or project title, the federal encouraged to apply for assistance grantor agency, the amount of the This project will be funded as a awards. Faith-based and community award, and a brief description of its cooperative agreement for a 2-year organizations will be considered for an purpose. budget and project period. award on the same basis as any other The term ‘‘related efforts’’ is defined Award Amount eligible applicants and, if they receive for these purposes as one of the assistance awards, will be treated on an following: A cooperative agreement in the equal basis with non faith-based and • Efforts for the same purpose (i.e., amount of $1,229,200 is available for the community organization grantees in the the proposed award would supplement, 2-year budget and project period. administration of such awards. No expand, complement, or continue Performance Measurement eligible applicant or grantee will be activities funded with other Federal discriminated against on the basis of its grants). To ensure compliance with the religious character or affiliation, • Another phase or component of the Government Performance and Results religious name, or the religious same program or project (e.g., to Act, Public Law 103–62, this solicitation composition of its board of directors or implement a planning effort funded by notifies applicants that they will be persons working in the organization. other Federal funds or to provide a required to collect and report on data substance abuse treatment or education that measure the results of the program Limited English Proficiency component within a criminal justice implemented by this grant. To ensure National origin discrimination project). the accountability of these data, for includes discrimination on the basis of • Services of some kind (e.g., which OJP is responsible, grantees are limited English proficiency (LEP). To technical assistance, research, or required to provide the following data: ensure compliance with Title VI and the

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Safe Streets Act, recipients are required Dated: February 17, 2004. admittance, attendees can provide to take reasonable steps to ensure that J. Robert Flores, identifying information in advance by LEP persons have meaningful access to Administrator, Office of Juvenile Justice and contacting Todd F. McIntyre via email their programs. Meaningful access may Delinquency Prevention. at [email protected] or by entail providing language assistance [FR Doc. 04–3821 Filed 2–20–04; 8:45 am] telephone at (202) 358–4621. services, including oral and written BILLING CODE 4410–18–P It is imperative that the meeting be translation when necessary. The U.S. held on these dates to accommodate the Department of Justice has issued scheduling priorities of the key guidance for grantees to assist them in NATIONAL AERONAUTICS AND participants. complying with Title VI requirements. SPACE ADMINISTRATION The guidance document can be accessed Michael F. O’Brien, [Notice (04–025)] on the internet at http://www.lep.gov, or Assistant Administrator, Office of External by contacting OJP’s Office for Civil NASA Advisory Council, Task Force on Relations, National Aeronautics and Space Rights at 202–307–0690, or by writing to International Space Station Administration. the following address: Office for Civil Operational Readiness; Meeting [FR Doc. 04–3762 Filed 2–20–04; 8:45 am] Rights, Office of Justice Programs, U.S. BILLING CODE 7510–01–P Department of Justice, 810 7th Street AGENCY: National Aeronautics and NW., Eighth Floor, Washington, DC Space Administration (NASA). 20531. ACTION: Notice of meeting. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Lobbying SUMMARY: The National Aeronautics and Space Administration announces an The Anti-Lobbying Act, 18 U.S.C. open meeting of the NASA Advisory [Notice (04–028)] 1913, recently was amended to expand Council (NAC), Task Force on Notice of Prospective Patent License significantly the restriction on use of International Space Station Operational appropriated funding for lobbying. This Readiness (IOR). expansion also makes the anti-lobbying AGENCY: National Aeronautics and DATES: Tuesday, April 6, 2004, 2 p.m.– restrictions enforceable via large civil Space Administration. 3 p.m. Eastern Standard Time. penalties, with civil fines between ADDRESSES: NASA Headquarters, 300 E ACTION: Notice of prospective patent $10,000 and $100,000 per each license. individual occurrence of lobbying Street, SW., Room 7U22, Washington, DC 20546. activity. These restrictions are in SUMMARY: NASA hereby gives notice addition to the anti-lobbying and FOR FURTHER INFORMATION CONTACT: Mr. Todd F. McIntyre, Code IH, National that Face International Corporation, of lobbying disclosure restrictions imposed 427 W. 35th Street, Norfolk, Virginia by 31 U.S.C. 1352. Aeronautics and Space Administration, Washington, DC 20546–0001, 202/358– 23508, has applied for an exclusive The Office of Management and Budget 4621. license to practice the invention (OMB) is currently in the process of SUPPLEMENTARY INFORMATION: This described in U.S. Patent No. 5,632,841, amending the OMB cost circulars and meeting will be open to the public up entitled ‘‘Thin Layer Composite the common rule (codified at 28 CFR to the seating capacity of the room. Five Unimorph Ferroelectric Driver and part 69 for DOJ grantees) to reflect these seats will be reserved for members of Sensor,’’ which is assigned to the modifications. However, in the interest the press. The agenda for the meeting is United States of America as represented of full disclosure, all applicants must as follows: by the Administrator of the National understand that no federally —To assess the operational readiness of Aeronautics and Space Administration. appropriated funding made available Written objections to the prospective under this grant program may be used, the International Space Station to support a new crew. grant of a license should be sent to either directly or indirectly, to support NASA Langley Research Center. NASA the enactment, repeal, modification or —To assess the American and Russian flight team’s preparedness to has not yet made a determination to adoption of any law, regulation, or accomplish the Expedition Nine grant the requested license and may policy, at any level of government, mission. deny the requested license even if no without the express approval by OJP. —To assess the health and flight objections are submitted within the Any violation of this prohibition is readiness of the Expedition Nine comment period. subject to a minimum $10,000 fine for crew. each occurrence. This prohibition DATES: Responses to this notice must be applies to all activity, even if currently Attendees will be requested to sign a received by March 9, 2004. allowed within the parameters of the register and to comply with NASA FOR FURTHER INFORMATION CONTACT: existing OMB circulars. security requirements, including the presentation of a valid picture ID, before Robin W. Edwards, Patent Attorney, Catalog of Federal Domestic Assistance receiving an access badge. Foreign Mail Stop 212, NASA Langley Research (CFDA) Number nationals attending this meeting will be Center, Hampton, VA 23681–2199. required to provide the following Telephone 757–864–3230; fax 757–864– For this program, the CFDA number, information: full name; gender; date/ 9190. which is required on Standard Form place of birth; citizenship; visa/green Dated: February 17, 2004. 424, is 16.541. card information (number, type, Robert M. Stephens, Due Date expiration date); passport information (number, country, expiration date); Deputy General Counsel. Applicants are responsible for employer/affiliation information (name [FR Doc. 04–3848 Filed 2–20–04; 8:45 am] ensuring that the application is received of institution, address, country, phone); BILLING CODE 7510–01–P by 5 p.m. ET on March 24, 2004. title/position of attendee. To expedite

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NATIONAL AERONAUTICS AND Stop 212, NASA Langley Research ACTION: Notice to add a new Privacy Act SPACE ADMINISTRATION Center, Hampton, VA 23681–2199. system of records and modify an Telephone 757–864–3227; fax 757–864– existing system of records. [Notice (04–027)] 9190. SUMMARY: The National Archives and Notice of Prospective Patent License Dated: February 17, 2004. Records Administration (NARA) Robert M. Stephens, AGENCY: National Aeronautics and proposes to add a system of records Space Administration. Deputy General Counsel. notice to its existing inventory of [FR Doc. 04–3847 Filed 2–20–04; 8:45 am] systems subject to the Privacy Act of ACTION: Notice of prospective patent license. BILLING CODE 7510–01–P 1974 (5 U.S.C. 552a), as amended. In this notice, NARA publishes NARA SUMMARY: NASA hereby gives notice 38—Project Management Records, for that Luna Innovations, Incorporated, of NATIONAL AERONAUTICS AND comment. SPACE ADMINISTRATION 2851 Commerce Street, Blacksburg, EFFECTIVE DATES: The establishment of Virginia 24060, has applied for an the new system NARA 38 will become exclusive license to practice the [Notice (04–026)] effective without further notice on inventions described and claimed in March 22, 2004, unless comments Notice of Prospective Patent License U.S. Patent No. 5,150,620 entitled received on or before that date cause a ‘‘Method of Recertifying a Loaded AGENCY: National Aeronautics and contrary decision. If changes are made Bearing Member’’; U.S. Patent No. Space Administration. based on NARA’s review of comments 5,214,955 entitled ‘‘Constant Frequency received, a new final notice will be Pulsed PhaseLocked Loop Measuring ACTION: Notice of prospective patent published. Device’’; U.S. Patent No. 5,617,873 license. ADDRESSES: NARA invites interested entitled ‘‘Non-Invasive Method and persons to submit comments on this Apparatus for Monitoring Intracranial SUMMARY: NASA hereby gives notice proposed rule. Comments may be Pressure and Pressure Volume Index in that STC Catalysts, Inc., of 10 Basil submitted by any of the following Humans’’; U.S. Patent No. 5,841,032 Sawyer Drive, Hampton, VA 23666– methods: entitled ‘‘Variable And Fixed Frequency 1340, has applied for an exclusive • Mail: Send comments to: Privacy Pulsed PhaseLocked Loop’’; U.S. Patent license to practice the invention Act Officer, Office of General Counsel No. 6,413,227 entitled ‘‘Method and described in NASA Case Number LAR– (NGC), Room 3110, National Archives Apparatus for Assessment of Changes in 15851–1–CU entitled ‘‘Process For and Records Administration, 8601 Intracranial Pressure’’; U.S. Patent No. Coating Substrates With Catalyst Adelphi Road, College Park, MD 20740– 6,475,147 entitled ‘‘Ultrasonic Materials’’ for which a U.S. Patent Application was filed and assigned to 6001. Apparatus and Technique to Measure • Fax: Submit comments by facsimile Changes in Intracranial Pressure’’; and the United States of America as represented by the Administrator of the transmission to: 301–837–0293. the inventions disclosed in NASA Case • E-mail: Send comments to http:// No. LAR 15854–1 entitled ‘‘Method and National Aeronautics and Space Administration. Written objections to www.regulations.gov. You may also Apparatus for Non-Invasive comment via e-mail to Measurement of Changes in Intracranial the prospective grant of a license should be sent to Langley Research Center. [email protected]. See Pressure’’; NASA Case No. LAR 15943– SUPPLEMENTARY INFORMATION for details. 1 entitled ‘‘Method and Apparatus for NASA has not yet made a determination FOR FURTHER INFORMATION CONTACT: Determining Changes in Intracranial to grant the requested license and may Ramona Branch Oliver, Privacy Act Pressure Utilizing Measurement of the deny the requested license even if no Officer, 301–837–2024 (voice) or 301– Circumferential Expansion or objections are submitted within the 837–0293 (fax). Contraction of a Patient’s Skull’’; NASA comment period. Case No. LAR 16440–1 entitled ‘‘Non- DATES: Responses to this notice must be SUPPLEMENTARY INFORMATION: NARA last Invasive Method of Determining received by March 9, 2004. published a comprehensive set of Privacy Act system notices in the Diastolic Intracranial Pressure’’; and FOR FURTHER INFORMATION CONTACT: NASA Case No. LAR 16510–1 entitled Federal Register on April 2, 2002 (67 FR Helen M. Galus, Patent Attorney, 15592). NARA published two additional ‘‘Non-Invasive Method of Determining Langley Research Center, Mail Stop 212, Absolute Intracranial Pressure’’; for systems: NARA 35 and NARA 36, in the Hampton, VA 23681–2199. Telephone Federal Register on October 17, 2002 which U.S. Patent Applications were 757–864–3227; fax 757–864–9190. filed, all of which are assigned to the (67 FR 64142). NARA also published United States of America as represented Dated: February 17, 2004. one additional system NARA 37 and a by the Administrator of the National Robert M. Stephens, revised version of the existing system Aeronautics and Space Administration. Deputy General Counsel. NARA 25, in the Federal Register on Written objections to the prospective [FR Doc. 04–3846 Filed 2–20–04; 8:45 am] October 21, 2003 (68 FR 60121). NARA is proposing to add NARA grant of a license should be sent to BILLING CODE 7510–01–P NASA Langley Research Center. NASA 38—Project Management Records, to its has not yet made a determination to existing inventory of systems subject to grant the requested license and may the Privacy Act of 1974 (5 U.S.C. 552a), deny the requested license even if no NATIONAL ARCHIVES AND RECORDS as amended. NARA 38 covers persons objections are submitted within the ADMINISTRATION who work on NARA projects. The notice for the new system of comment period. Privacy Act of 1974, as Amended; records states the following: DATES: Responses to this notice must be System of Records Notices • Name and the location of the record received by March 9, 2004. system; FOR FURTHER INFORMATION CONTACT: AGENCY: National Archives and Records • Authority for and manner of its Helen M. Galus, Patent Attorney, Mail Administration (NARA). operation;

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• Categories of individuals that it dates, resource requirements, RETRIEVABILITY: covers; dependencies and deliverables. Information in employee related files • Types of records that it contains; Work files consist of information will be retrieved by the name of the • Sources of information in these reported by an individual that shows, by individual. records; task: resource expenditures in hours and • SAFEGUARDS: Proposed ‘‘routine uses’’ of each dollars, remaining effort to complete the system of records; and task, date of completion, risk Electronic records are accessible to • Business address of the NARA assessments, issues and documentation authorized personnel via password from official who will inform interested that shows work progress. terminals owned by NARA and persons of the procedures they must maintained in NARA attended offices. follow to gain access to and correct AUTHORITY FOR MAINTENANCE OF THE SYSTEM: After business hours, buildings have records pertaining to themselves. security guards and/or secured doors, 44 U.S.C. 2104, 31 U.S.C. 1115, and and all entrances are monitored by One of the purposes of the Privacy 40 U.S.C. 1423. Act, as stated in section 2(b)(4) of the electronic surveillance equipment. Act, is to provide certain safeguards for ROUTINE USES OF RECORDS MAINTAINED IN THE RETENTION AND DISPOSAL: an individual against an invasion of SYSTEM, INCLUDING CATEGORIES OF USERS AND The disposition of the project personal privacy by requiring Federal THE PURPOSES OF SUCH USES: management records is under agencies to disseminate any record of NARA maintains this information to identifiable personal information in a consideration. Accordingly, the records effectively manage NARA’s project generated cannot be destroyed until a manner that assures that such action is portfolio. This includes defining for a necessary and lawful purpose, that records schedule is approved by the projects and, within them, activities, Archivist. Once the disposition is information is current and accurate for tasks, milestones, and deliverables and its intended use, and that adequate determined, retention and disposal of assigning individuals to projects, the records will be governed in safeguards are provided to prevent measuring performance of on-going misuse of such information. NARA accordance with the applicable projects against established baselines, disposition instructions in the NARA intends to follow these principles in assessing the availability of resources to transferring information to another records schedule contained in FILES begin new projects and determining the 203, the NARA Files Maintenance and agency or individual as a ‘‘routine use’’, capital costs of completed projects. including assurance that the Records Disposition Manual. Records will be disclosed for these uses Individuals may request a copy of the information is relevant for the purposes both to authorized NARA staff and to for which it is transferred. disposition instructions from the NARA contractors assisting NARA in these Privacy Act Officer. Dated: February 13, 2004. activities. These records may also be John W. Carlin, used to evaluate the performance of SYSTEM MANAGER(S) AND ADDRESS: Archivist of the United States. individuals, both NARA staff and The system manager for project Accordingly, we are publishing the contractors, against goals established by management records is the Assistant proposed new system of records notice project managers and/or contract Archivist for Human Resources and NARA 37 as follows: managers. Information Technology. The address Records from this system of records for this location is published at 67 FR NARA 38 may be disclosed as a routine use to an 15592. SYSTEM NAME: agency or official of the U.S. NOTIFICATION PROCEDURE: Government exercising oversight over Individuals interested in inquiring Project Management Records. an activity covered by the system, or about their records should notify the over the methods or manner in which SYSTEM LOCATION: NARA Privacy Act Officer at the address NARA manages these activities, the This system is located at the National listed in Appendix B published at 67 FR resources committed to them, and their Archives and Records Administration 15592. (NARA) in College Park, MD. results. Such disclosures are limited to the extent necessary for them to exercise RECORD ACCESS PROCEDURES: CATEGORIES OF INDIVIDUALS COVERED BY THE their oversight authority. Oversight Individuals who wish to gain access SYSTEM: agencies include, but are not limited to, to their records should submit their Individuals covered by this system the NARA Inspector General, GAO or request in writing to the NARA Privacy include NARA employees and NARA other entities evaluating, auditing, or Act Officer at the address listed in contractors who work on NARA reviewing NARA’s project management, Appendix B published at 67 FR 15592. projects. capital investments, and earned value management. They may include officials CONTESTING RECORD PROCEDURES: CATEGORIES OF RECORDS IN THE SYSTEM: of other agencies who are partners of NARA rules for contesting the Individual files may contain some or NARA in one or more of the projects contents and appealing initial all of the following information about covered by the system. determinations are found in 36 CFR part NARA employees and NARA The routine use statements A, C, D, E, 1202. contractors: name, job title, work F, and G described in Appendix A RECORD SOURCE CATEGORIES: organization, supervisor, project published at 67 FR 15592, also apply to Information about individuals in the assignments, work experience, and work this system of records. availability. records is obtained primarily from Project files consist of a list of NARA POLICIES AND PRACTICES FOR STORING, NARA employees and NARA approved projects and related RETRIEVING, ACCESSING, RETAINING, AND contractors who work on NARA information about these projects. These DISPOSING OF RECORDS IN THE SYSTEM: projects. Addition information may be files will contain some or all of the obtained from NARA supervisors, other following information: work tasks, STORAGE: personnel, NARA operational records planned and actual start and finish Electronic and paper. and information provided by contractors

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who provide staff to work on NARA recordkeeping burden associated with Office of Filings and Information Services, projects. rules 8b–1 to 8b–32 because the burden Washington, DC 20549. [FR Doc. 04–3763 Filed 2–20–04; 8:45 am] associated with these rules are included Notice is hereby given that, pursuant in the burden estimates the Commission BILLING CODE 7515–01–P to the Paperwork Reduction Act of 1995 submits for the investment company (44 U.S.C. 3501 et seq.) the Securities registration statement forms (e.g., Form and Exchange Commission N–1A, Form N–2, Form N–3, and Form (‘‘Commission’’) has submitted to the SECURITIES AND EXCHANGE N–4). For example, a mutual fund that COMMISSION Office of Management and Budget prepares a registration statement on (‘‘OMB’’) a request for extension of the Submission for OMB Review; Form N–1A must comply with the rules previously approved collection of Comment Request under section 8(b), including rules on information discussed below. riders, amendments, the form of the Rule 206(3)–2, which is entitled [Extension: Rules 8b–1 to 8b–32, SEC File registration statement, and the number ‘‘Agency Cross Transactions for No. 270–135, OMB Control No. 3235–0176.] of copies to be submitted. Because the Advisory Clients,’’ permits investment Upon written request, copies available fund only incurs a burden from the advisers to comply with section 206(3) from: Securities and Exchange Commission, section 8(b) rules when preparing a of the Investment Advisers Act of 1940 Office of Filings and Information Services, registration statement, it would be (‘‘Advisers Act’’) by obtaining a client’s 450 Fifth Street, NW., Washington, DC impractical to measure the compliance 20549. blanket consent to enter into agency burden of these rules separately. The cross transactions (i.e., a transaction in Notice is hereby given that pursuant Commission believes that including the which an adviser acts as a broker to both to the Paperwork Reduction Act of 1995 burden of the section 8(b) rules with the the advisory client and the opposite (44 U.S.C. 3501 et seq.), the Securities burden estimates for the investment party to the transaction). Rule 206(3)–2 and Exchange Commission company registration statement forms applies to all registered investment (‘‘Commission’’) has submitted to the provides a more accurate and complete advisers. In relying on the rule, Office of Management and Budget a estimate of the total burdens associated investment advisers must provide request for extension of the previously with the registration process. certain disclosures to their clients; Investment companies seeking to approved collection of information advisory clients can use the disclosures register under the Act are required to discussed below. to monitor agency cross transactions. • provide the information specified in Rules under section 8(b) of the The Commission also uses the rules 8b–1 to 8b–32 if applicable. Investment Company Act of 1940. information required by rule 206(3)–2 in Responses will not be kept confidential. Rules 8b–1 to 8b–32 under the connection with its investment adviser Investment Company Act of 1940 [15 An agency may not conduct or sponsor, and a person is not required to inspection program to ensure that U.S.C. 80a] (the ‘‘Act’’) are the advisers are in compliance with the procedural rules an investment respond to, a collection of information unless it displays a currently valid OMB rule. Without the information collected company must follow when preparing under the rule, advisory clients would and filing a registration statement. control number. Please direct general comments not have information available for These rules were adopted to standardize monitoring their adviser’s handling of the mechanics of registration under the regarding the above information to the following persons: (i) Desk Officer for their accounts and the Commission Act and to provide more specific would be less efficient and effective in guidance for persons registering under the Securities and Exchange Commission, Office of Information and its inspection program. the Act than the information contained The information requirements of the in the statute. For the most part, these Regulatory Affairs, Office of Management and Budget, Room 10102, rule consist of the following: (1) Prior to procedural rules do not require the obtaining the client’s consent, disclosure of information. Two of the New Executive Office Building, Washington, DC 20503; and (ii) R. Corey appropriate disclosure must be made to rules, however, require limited the client as to the practice of, and the 1 Booth, Director/Chief Information disclosure of information. The conflicts of interest involved in, agency information required by the rules is Officer, Office of Information Technology, Securities and Exchange cross transactions; (2) at or before the necessary to ensure that investors have completion of any such transaction, the clear and complete information upon Commission, 450 Fifth Street, NW., Washington, DC 20549. Comments must client must be furnished with a written which to base an investment decision. confirmation containing specified The Commission uses the information be submitted to OMB within 30 days of this notice. information and offering to furnish that investment companies provide on upon request certain additional registration statements in its regulatory, Dated: February 13, 2004. information; and (3) at least annually, disclosure review, inspection and Margaret H. McFarland, the client must be furnished with a policy-making roles. The respondents to Deputy Secretary. written statement or summary as to the the collection of information are [FR Doc. 04–3772 Filed 2–20–04; 8:45 am] total number of transactions during the investment companies filing registration BILLING CODE 8010–01–P period covered by the consent and the statements under the Act. total amount of commissions received The Commission does not estimate by the adviser or its affiliated broker- separately the total annual reporting and SECURITIES AND EXCHANGE dealer attributable to such transactions. COMMISSION The Commission estimates that 1 Rule 8b–3 [17 CFR 270.8b–3] provides that approximately 780 respondents use the whenever a registration form requires the title of Submission for OMB Review; rule annually, necessitating about 32 securities to be stated, the registrant must indicate Comment Request the type and general character of the securities to responses per respondent each year, for be issued. Rule 8b–22 [17 CFR 270.8b–22] provides [Extension: Rule 206(3)–2, SEC File No. a total of 24,960 responses. Each that if the existence of control is open to reasonable doubt, the registrant may disclaim the existence of 270–216, OMB Control No. 3235–0243.] response requires about .5 hours, for a control, but it must state the material facts pertinent Upon written request, copies available total of 12,480 hours. The estimated to the possible existence of control. from: Securities and Exchange Commission, average burden hours are made solely

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for the purposes of the Paperwork ACTION: Notice of an application under: ADDRESSES: Secretary, Commission, 450 Reduction Act and are not derived from (i) Section 6(c) of the Investment Fifth Street, NW., Washington, DC, a comprehensive or even representative Company Act of 1940 (‘‘Act’’) for 20549–0609; Applicants: Peter J. survey or study of the cost of exemptions from sections 2(a)(32), DeMarco, c/o Hennion & Walsh, Inc., Commission rules and forms. 2(a)(35), 14(a), 19(b), 22(d), and 2001 Route 46, Waterview Plaza, This collection of information is 26(a)(2)(C) of the Act and from rules Parsippany, New Jersey 07054. found at 17 CFR 275.206(3)–2 and is 19b–1 and 22c–1 under the Act; (ii) FOR FURTHER INFORMATION CONTACT: necessary in order for the investment sections 11(a) and 11(c) of the Act for Emerson S. Davis, Sr., Senior Counsel, adviser to obtain the benefits of rule approval of certain exchange and at (202) 942–0714 or Nadya B. Roytblat, 206(3)–2. An agency may not conduct or rollover privileges and conversion Assistant Director, at (202) 942–0564 sponsor, and a person is not required to offers; and (iii) sections 6(c) and 17(b) (Division of Investment Management, respond to, a collection of information of the Act for an exemption from section Office of Investment Company unless it displays a currently valid 17(a) of the Act. Regulation). control number. The collection of SUPPLEMENTARY INFORMATION: The information requirements under the rule SUMMARY OF APPLICATION: Applicants following is a summary of the is mandatory. Information subject to the request an order to permit certain unit application. The complete application disclosure requirements of rule 206(3)– investment trusts (‘‘UITs’’) to: (i) Impose may be obtained for a fee at the 2 does not require submission to the sales charges on a deferred basis and Commission’s Public Reference Branch, Commission; and, accordingly, the waive the deferred sales charge in 450 Fifth Street, NW., Washington, DC, disclosure pursuant to the rule is not certain cases; (ii) offer unitholders 20549–0102 (tel. (202) 942–8090). kept confidential. certain exchange and rollover privileges Commission-registered investment and conversion offers; (iii) publicly offer Applicants’ Representations units without requiring the sponsor to advisers are required to maintain and 1. Hennion & Walsh, a broker-dealer preserve certain information required take for its own account or place with others $100,000 worth of units; (iv) registered under the Securities under rule 206(3)–2 for five (5) years. Exchange Act of 1934, is the sponsor of The long-term retention of these records distribute capital gains resulting from the sale of portfolio securities within a the Trusts. Each Trust is or will be a UIT is necessary for the Commission’s registered under the Act.1 Each Series is inspection program to ascertain reasonable time after receipt; and (v) sell portfolio securities of a terminating or will be created by a trust indenture compliance with the Advisers Act. among the Sponsor, a banking An agency may not conduct or series of a UIT to a new series of that UIT. institution or trust company as trustee sponsor, and a person is not required to (‘‘Trustee’’), and, for those Series that APPLICANTS: Hennion & Walsh, Inc. respond to, a collection of information the Trustee does not also serve as (‘‘Sponsor’’ or ‘‘Hennion & Walsh’’), unless it displays a currently valid evaluator, the evaluator. control number. Smart Trust, EST Symphony Trust, The 2. The Sponsor acquires a portfolio of Written comments regarding the Pinnacle Family of Trusts, Equity securities, which it deposits with the above information should be directed to Securities Trust, Schwab Trusts, any Trustee in exchange for certificates the following persons: (1) Desk Officer future registered UIT sponsored or co- representing units of fractional for the Securities and Exchange sponsored by Hennion & Walsh or an undivided interest in the deposited Commission, Office of Information and entity controlled by or under common portfolio (‘‘Units’’). The Units are then Regulatory Affairs, Office of control with Hennion & Walsh (the offered to the public through the Management and Budget, Room 10202, future UITs, together with the above- Sponsor, underwriters and dealers at a New Executive Office Building, specified UITs are ‘‘Trusts’’) and any public offering price which, during the Washington, DC 20503; and (2) R. Corey presently outstanding or subsequently initial offering period, is based upon the Booth, Director/Chief Information issued series of each Trust (each, a aggregate market value (the aggregate Officer, Office of Information ‘‘Series’’). offering side evaluation for fixed income Technology, Securities and Exchange FILING DATES: The application was filed securities) of the underlying securities Commission, 450 Fifth Street, NW., on September 12, 2003 and amended on plus a front-end sales charge. The sales Washington, DC 20549. Comments must February 9, 2004. charge currently ranges from 1.25% to be submitted to OMB within thirty (30) HEARING OR NOTIFICATION OF HEARING: An 5.5% of the public offering price, days of this notice. order granting the application will be generally depending upon the terms of Dated: February 13, 2004. issued unless the Commission orders a the underlying securities. Margaret H. McFarland, hearing. Interested persons may request 3. The Sponsor maintains a secondary Deputy Secretary. a hearing by writing to the market for Units and continually offers [FR Doc. 04–3773 Filed 2–20–04; 8:45 am] Commission’s Secretary and serving to purchase Units at prices based upon applicants with a copy of the request, the market value (the bid side BILLING CODE 8010–01–P personally or by mail. Hearing requests evaluation for fixed income securities) should be received by the Commission of the underlying securities. Investors SECURITIES AND EXCHANGE by 5:30 p.m. on March 12, 2004 and may purchase Units on the secondary COMMISSION should be accompanied by proof of market at the current public offering service on the applicants, in the form of price plus a front-end sales charge. If the an affidavit or, for lawyers, a certificate [Release No. IC–26353; 812–13018] Sponsor discontinues maintaining such of service. Hearing requests should state a market at any time for any Series, Hennion & Walsh, Inc., et al.; Notice of the nature of the writer’s interest, the Application reason for the request, and the issues 1 All presently existing Trusts that currently contested. Persons who wish to be intend to rely on the requested order have been February 17, 2004. named as applicants. Any other existing Trust or notified of a hearing may request any Trust organized in the future that relies on the AGENCY: Securities and Exchange notification by writing to the requested order will comply with the terms and Commission (‘‘Commission’’). Commission’s Secretary. conditions of the application.

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holders of the Units (‘‘Unitholders’’) of Form N–1A (modified as appropriate to and (iv) for certain Series, Units may be that Series may redeem their Units reflect the difference between UITs and obtained in blocks of certain sizes only. through the Trustee. open-end management investment 3. Unitholders who wish to exchange companies) and a schedule setting forth Units under the Exchange Privilege, the A. Deferred Sales Charge and Waiver of the number and date of each Installment Rollover Privilege or the Conversion Deferred Sales Charge Under Certain Offer within the first five months of Circumstances Payment, along with the duration of the collection period. The prospectus for purchase will not be eligible for the 1. Applicants request an order to the that Series also will disclose that reduced sales charge. Such Unitholders extent necessary to permit them to portfolio securities may be sold to pay will be charged a sales load equal to the impose a sales charge on a deferred an Installment Payment if distribution greater of: (i) The reduced sales load, or basis (‘‘deferred sales charge’’ or income is insufficient, and that (ii) an amount which, when added to ‘‘DSC’’). For each Series, its prospectus securities will be sold pro rata or a the sales charge paid by the Unitholder will set a maximum sales charge per specific security will be designated for upon his or her original purchase of Unit as a dollar amount and/or as a sale. Units of the applicable Series, would percentage of the initial offering price, equal the sales charge applicable to the a portion of which may be collected ‘‘up B. Exchange Privilege, Rollover direct purchase of the newly acquired front’’ (i.e., at the time an investor Privilege, and Conversion Offer Units, determined as of the date of purchases the Units). The DSC would be 1. Applicants propose to offer an purchase. collected subsequently in installments exchange privilege to Unitholders of the (‘‘Installment Payments’’) from C. Purchase and Sale Transactions Trusts at a reduced sales charge Between a Terminating Series and a Unitholders’’ distributions on the Units. (‘‘Exchange Privilege’’). Unitholders 2. In order to ensure that sufficient New Series would be able to exchange any or all of cash is available to make Installment 1. Certain Terminating Series will their Units in a Series of a Trust for Payments, a Series may hold securities, have a date (‘‘Rollover Date’’) by which Units in one or more available Series of the proceeds from the maturity or sale Unitholders of that Series may, at their the Trusts (‘‘Exchange Series’’). of which may be used to make option, redeem their Units and receive Applicants also propose a conversion payments. Installment Payments will be in return Units of a subsequent Series of collected from Unitholders by offer (‘‘Conversion Offer’’) pursuant to the same type (‘‘New Series’’). The New withholding the payment amount from which Unitholders may elect to redeem Series will be created on or about the Unitholders’ distributions on Units, Units of any Series in which there is no Rollover Date and will have a portfolio from proceeds of Unit redemptions or active secondary market (‘‘Redemption that contains securities, many, if not all, sales by the Unitholder, or by reducing Series’’) and apply the proceeds to the of which are actively traded (i.e., have the number of Units held by the purchase of available Units of one or had an average daily trading volume in Unitholder. The Installment Payment more Series of the Trusts (‘‘Conversion the preceding six months of at least 500 will be passed by the Trustee to the Series’’). In addition, applicants propose shares equal in value to at least U.S. Sponsor at the time it is collected. The to offer a rollover privilege to $25,000) on an exchange (a ‘‘Qualified Trustee may advance an Installment Unitholders of the Trusts at a reduced Exchange’’) that is either (i) a national Payment if, for example, it is due sales charge (‘‘Rollover Privilege’’). securities exchange that meets the immediately before a dividend or Unitholders would be able to ‘‘roll over’’ qualifications of section 6 of the interest payment is due on portfolio their Units in a Series which is Securities Exchange Act of 1934, (ii) a securities. The Trustee will be terminating (‘‘Terminating Series’’) for foreign securities exchange meeting the reimbursed when the Installment Units in one or more new Series of the qualifications set forth in the proposed Payment is collected from the Trusts (‘‘Rollover Series’’). amendments to rule 12d3–1(d)(6) under Unitholder. 2. To exercise the Exchange Privilege the Act 2 and releasing daily closing 3. When a Unitholder redeems or sells or Rollover Privilege, a Unitholder must prices or (iii) the Nasdaq-National Units, the Sponsor intends to deduct notify the Sponsor. In order to exercise Market System (securities meeting the any unpaid DSC from the redemption or the Conversion Offer, a Unitholder must preceding tests are referred to as sale proceeds. When calculating the notify his or her retail broker. The ‘‘Qualified Securities’’). amount due, the Sponsor will assume Conversion Offer will be handled 2. Applicants anticipate that there that Units held for the longest time are entirely through the Unitholder’s retail will be some overlap in the Qualified redeemed or sold first. Applicants broker and the retail broker must tender Securities selected for the portfolios of represent that the DSC collected at the the Units to the Trustee of the a Terminating Series and the related time of redemption or sale, together Redemption Series for redemption and New Series. Absent the requested relief, with the Installment Payments and any then apply the proceeds toward the a Terminating Series would, upon amount collected up front, will not purchase of Units of a Conversion termination, sell its Qualified Securities exceed the maximum sales charge per Series. Exercise of the Exchange Unit. Under certain circumstances, the Privilege or Rollover Privilege is subject 2 Investment Company Act Rel. No. 17096 (Aug. Sponsor may waive the collection of any to the following conditions: (i) The 3, 1989) (proposing amendments to Rule 12d3–1). The proposed amended rule defined a ‘‘Qualified unpaid DSC in connection with Sponsor must be maintaining a Foreign Exchange’’ as a stock exchange in a country redemptions or sales of Units. These secondary market in Units of the other than the United States where: (i) Trading circumstances will be disclosed in the available Exchange Series or Rollover generally occurred at least four days per week, (ii) prospectus for the relevant Series and Series; (ii) at the time of the there were limited restrictions on the ability of acquiring companies to trade their holdings on the implemented in accordance with rule Unitholder’s election to participate, exchange, (iii) the exchange had a trading volume 22d–1 under the Act. there must be Units of the Exchange in stocks for the previous year of at least U.S. $7.5 4. Each Series offering Units subject to Series or Rollover Series to be acquired billion, and (iv) the exchange had a turnover ratio a DSC will state the maximum charge available for sale, either under the for the preceding year of at least 20% of its market capitalization. The version of the amended rule that per Unit in its prospectus. In addition, initial primary distribution or in the was adopted did not include the part of the the prospectus for such Series will Sponsor’s secondary market; (iii) proposed amendment defining the term ‘‘Qualified include the table required by item 3 of exchanges will be in whole Units only; Foreign Exchange.’’

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on the applicable Qualified Exchange. proposal meets the standards of section Rollover Privilege) or through Likewise, a New Series would acquire 6(c). Applicants state that the provisions redemption, and to reinvest, at the then its Qualified Securities on the of section 22(d) are intended to prevent fully applicable sales charge, into the applicable Qualified Exchange. This (i) riskless trading in investment chosen Series. procedure would result in Unitholders company securities due to backward 3. Applicants represent that of both the Terminating Series and the pricing, (ii) disruption of orderly Unitholders will not be induced or New Series incurring brokerage distribution by dealers selling shares at encouraged to participate in the commissions on the same Qualified a discount, and (iii) discrimination Exchange Privilege, Rollover Privilege, Securities. Applicants accordingly among investors resulting from different or Conversion Offer through an active request an order to the extent necessary prices charged to different investors. advertising or sale campaign. The to permit a Terminating Series to sell its Applicants assert that the proposed DSC Sponsor recognizes its responsibility to Qualified Securities to a New Series and program will present none of these its investors against generating to permit the New Series to purchases abuses. Applicants further state that all excessive commissions through those securities. scheduled variations in the sales load churning and asserts that the sales will be disclosed in the prospectus of charge collected will not be a significant Applicants’ Legal Analysis each Series and applied uniformly to all economic incentive to salesmen to A. DSC and Waiver of DSC Under investors, and that applicants will promote inappropriately the Exchange Certain Circumstances comply with all the conditions set forth Privilege, Rollover Privilege or the in rule 22d–1. Conversion Offer. Applicants state that 1. Section 4(2) of the Act defines a 4. Section 26(a)(2)(C) of the Act, in the reduced sales charge will fairly and ‘‘unit investment trust’’ as an relevant part, prohibits a trustee or adequately compensate the Sponsor and investment company that issues only custodian of a UIT from collecting from the participating underwriters and redeemable securities. Section 2(a)(32) the trust as an expense any payment to brokers for their services and expenses of the Act defines a ‘‘redeemable the trust’s depositor or principal in connection with the administration of security’’ as a security that, upon its underwriter. Because the Trustee’s the programs. Applicants further believe presentation to the issuer, enables the payment of the DSC to the Sponsor may that the Exchange Privilege, Rollover holder to receive approximately his or be deemed to be an expense under Privilege, and Conversion Offer are her proportionate share of the issuer’s section 26(a)(2)(C), applicants request appropriate in the public interest and current net assets or the cash equivalent relief under section 6(c) from section consistent with the protection of of those assets. Rule 22c–1 under the 26(a)(2)(C) to the extent necessary to investors and the purposes fairly Act requires that the price of a permit the Trustee to collect Installment intended by the policy and provisions of redeemable security issued by a Payments and disburse them to the the Act. registered investment company for Sponsor. Applicants submit that the C. Purchase and Sale Transactions purposes of sale, redemption or relief is appropriate because the DSC is Between a Terminating Series and a repurchase be based on the security’s more properly characterized as a sales New Series current net asset value (‘‘NAV’’). load. Because the collection of any unpaid 1. Section 17(a) of the Act prohibits DSC may cause a redeeming Unitholder B. Exchange Privilege, Conversion Offer an affiliated person of a registered to receive an amount less than the NAV and Rollover Privilege investment company from selling of the redeemed Units, applicants 1. Sections 11(a) and (c) of the Act securities to, or purchasing securities request relief from section 2(a)(32) and prohibit any offer of exchange by a UIT from, the company. Section 2(a)(3) of rule 22c–1. for the securities of another investment the Act defines an ‘‘affiliated person’’ of 2. Section 22(d) of the Act and rule company unless the terms of the offer another person to include any person 22d–1 under the Act require a registered have been approved in advance by the directly or indirectly controlling, investment company and its principal Commission. Applicants request an controlled by, or under common control underwriter and dealers to sell order under sections 11(a) and 11(c) for with the other person. Hennion & Walsh securities only at the current public Commission approval of the Exchange is or will be the sponsor of each Series. offering price described in the Privilege, the Conversion Offer and the Since the sponsor of a Series may be investment company’s prospectus, with Rollover Privilege. deemed to control the Series, all of the the exception of sales of redeemable 2. Applicants state that the Exchange Series may be deemed to be affiliated securities at prices that reflect Privilege and Rollover Privilege provide persons of each other. scheduled variations in the sales load. investors with a convenient means of 2. Rule 17a–7 under the Act was Section 2(a)(35) of the Act defines the transferring their interests at a reduced designed to permit registered term ‘‘sales load’’ as the difference sales charge into Exchange Series and investment companies which might be between the sales price and the portion Rollover Series which suit their current deemed affiliated persons by reason of of the proceeds invested by the investment objectives. Further, common investment advisers, directors depositor or trustee. Applicants request applicants state that the Conversion and/or officers, to purchase securities relief from sections 2(a)(35) and 22(d) to Offer provides Unitholders of a Series in from or sell securities to one another at permit waivers, deferrals or other which there is no active secondary an independently determined price, scheduled variations of the sales load. market to redeem those Units and invest provided that certain conditions are 3. Under section 6(c) of the Act, the the proceeds at a reduced sales charge met. Paragraph (e) of the rule requires Commission may exempt classes of into Units of the Conversion Series in an investment company’s board of transactions, if and to the extent that which there is an active secondary directors (‘‘Board’’) to adopt and such exemption is necessary or market. Applicants state that absent the monitor procedures to assure appropriate in the public interest and Exchange Privilege, Rollover Privilege compliance with the rule. Paragraph (f) consistent with the protection of and Conversion Offer, Unitholders of the rule requires that: (i) Directors investors and the purposes fairly would be required to dispose of their who are not interested persons under intended by the policy and provisions of Units, either in the secondary market (in section 2(a)(19) of the Act constitute a the Act. Applicants state that their the case of the Exchange Privilege and majority of the Board; (ii) such directors

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select and nominate any other directors sales prices for the date of the Because the Equity Series do not limit who are not interested persons under transactions, the Sponsor will ensure their investments to ‘‘eligible trust the Act; and (iii) any legal counsel for that the price of the Units of the New securities,’’ the Equity Series do not such directors be an ‘‘independent legal Series, and the distributions to qualify for the exemption in paragraph counsel,’’ as defined in rule 0–1(a)(6) Unitholders of the Terminating Series, (c) of rule 19b–1. Therefore, applicants under the Act. Because UITs do not accurately reflect the corrected price. To request an exemption under section 6(c) have Boards, the Series would be unable the extent that the Sponsor disagrees from section 19(b) and rule 19b–1 to the to comply with these requirements. with the Trustee’s corrected price, the extent necessary to permit capital gains Applicants represent that they will Sponsor and the Trustee will jointly earned in connection with the sale of comply with all of the provisions of rule determine the correct sales price by portfolio securities to be distributed to 17a–7, other than paragraphs (e) and (f). reference to a mutually agreeable, Unitholders along with the Equity 3. Section 17(b) of the Act provides independently published list of closing Series’ regular distributions. Applicants that the Commission will exempt a sales prices for the date of the state that their proposal meets the proposed transaction from section 17(a) transaction. standards of section 6(c). Applicants if evidence establishes that: (i) The C. Net Worth Requirements assert that any sale of portfolio terms of the transaction are reasonable securities would be triggered by the and fair and do not involve 1. Section 14(a) of the Act requires need to meet Series’ expenses, overreaching; (ii) the transaction is that registered investment companies Installment Payments or by requests to consistent with the policies of each have $100,000 of net worth prior to redeem Units, events over which the registered investment company making a public offering. Applicants Sponsor and the Equity Series have no involved; and (iii) the transaction is believe that each Series will comply control. Applicants further state that, consistent with the general purposes of with this requirement because the because principal distributions must be the Act. Applicants request relief under Sponsor will deposit substantially more clearly indicated in accompanying sections 6(c) and 17(b) to permit a than $100,000 of debt and/or equity reports to Unitholders as a return of Terminating Series to sell Qualified securities, depending on the objective of principal and will be relatively small in Securities to a New Series and permit the particular Series. Applicants assert, comparison to normal dividend the New Series to purchase the however, that the Commission has distributions, there is little danger of Qualified Securities. interpreted section 14(a) as requiring confusion from failure to differentiate 4. Applicants believe that the that the initial capital investment in an among distributions. proposed transactions satisfy the investment company be made without requirements of sections 6(c) and 17(b). any intention to dispose of the Applicants’ Conditions Applicants represent that purchases and investment. Applicants state that, under Applicants agree that any order sales between the Terminating and New this interpretation, a Series would not granting the requested relief will be Series will be consistent with the satisfy section 14(a) because of the subject to the following conditions: policies of each Series. Applicants Sponsor’s intention to sell all of the further state that permitting the Units of the Series. A. DSC and Waiver of DSC Under proposed transactions would result in 2. Rule 14a–3 under the Act exempts Certain Circumstances savings on brokerage fees for the UITs from section 14(a) if certain 1. Each Series offering Units subject to Terminating and New Series. conditions are met, including that the a DSC will include in its prospectus the 5. Applicants state that the condition UIT invest only in ‘‘eligible trust disclosure required in Form N–1A that the Qualified Securities must be securities,’’ as defined in the rule. relating to deferred sales charges, actively traded on a Qualified Exchange Applicants submit that they may not modified as appropriate to reflect the protects against overreaching. In rely on rule 14a–3 because certain differences between UITs and open-end addition, applicants state that the Series (collectively, ‘‘Equity Series’’) investment companies, and a schedule Sponsor will certify to the Trustee, may invest in equity securities which do setting forth the number and date of within five days of each sale of not satisfy the definition of eligible trust each installment payment. Qualified Securities from a Terminating securities. 2. Any DSC imposed on Units issued Series to a New Series: (i) That the 3. Consequently, applicants seek an by a Series will comply with the transaction is consistent with the policy exemption under section 6(c) of the Act requirements of subparagraphs (1), (2) of both the Terminating Series and the to exempt the Equity Series from the net and (3) of rule 6c–10(a) under the Act. New Series, as recited in their worth requirement of section 14(a) of respective registration statements and the Act. Applicants state that the Series B. Exchange Privilege, Conversion Offer reports filed under the Act; (ii) the date and the Sponsor will comply in all and Rollover Privilege of the transaction; and (iii) the closing respects with the requirements of rule 1. The prospectus of each Series sales price on the Qualified Exchange 14a–3, except that the Equity Series will offering exchanges, rollovers, or for the sale date of the Qualified not restrict their portfolio investments conversions and any sales literature or Securities. The Trustee will then to ‘‘eligible trust securities.’’ advertising that mentions the existence countersign the certificate, unless, in the of the Exchange Privilege, Conversion unlikely event that the Trustee disagrees D. Capital Gains Distribution Offer or Rollover Privilege will disclose with the closing sales price listed on the Section 19(b) of the Act and rule 19b– that the Exchange Privilege, Conversion certificate, the Trustee immediately 1 under the Act provide that, except Offer or Rollover Privilege is subject to informs the Sponsor orally of such under limited circumstances, no modification, termination or suspension disagreement and returns the certificate registered investment company may without notice, except in limited cases. within five days to the Sponsor with distribute long-term gains more than 2. Whenever the Exchange Privilege, corrections duly noted. Upon the once every twelve months. Rule 19b– Conversion Offer or Rollover Privilege is Sponsor’s receipt of a corrected 1(c), under certain circumstances, to be terminated or its terms are to be certificate, if the Sponsor can verify the except a UIT investing in ‘‘eligible trust amended materially, any holder of a corrected price by reference to an securities’’ (as defined in rule 14a–3) security subject to that privilege will be independently published list of closing from the requirements of rule 19b–1. given prominent notice of the

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impending termination or amendment For the Commission, by the Division of II. Self-Regulatory Organization’s at least 60 days prior to the date of Investment Management, under delegated Statement of the Purpose of, and termination or the effective date of the authority. Statutory Basis for, the Proposed Rule amendment, provided that: (a) No such Margaret H. McFarland, Change notice need be given if the only material Deputy Secretary. In its filing with the Commission, the effect of an amendment is to reduce or [FR Doc. 04–3830 Filed 2–20–04; 8:45 am] Amex included statements concerning eliminate the sales charge payable at the BILLING CODE 8010–01–P the purpose of, and basis for, the time of an exchange, to make one or proposed rule change and discussed any more New Series eligible for the comments it received on the proposed Exchange Privilege, Conversion Offer or SECURITIES AND EXCHANGE rule change. The text of these statements Rollover Privilege, or to delete a Series COMMISSION may be examined at the places specified which has terminated; and (b) no notice in Item IV below. The Amex has need be given if, under extraordinary [Release No. 34–49239; File No. SR–Amex– prepared summaries, set forth in circumstances, either (i) there is a 2004–02]) Sections A, B, and C below, of the most suspension of the redemption of Units significant aspects of such statements. of the Series under section 22(e) of the Self-Regulatory Organizations; Notice Act and the rules and regulations of Filing of a Proposed Rule Change A. Self-Regulatory Organization’s promulgated under that section, or (ii) a and Amendment No. 1 Thereto by the Statement of the Purpose of, and the Series temporarily delays or ceases the American Stock Exchange LLC Statutory Basis for, the Proposed Rule sale of its Units because it is unable to Relating to the Listing and Trading of Change invest amounts effectively in Notes Linked to the Performance of the 1. Purpose accordance with applicable investment Select Utility Index objectives, policies, and restrictions. Under Section 107A of the Amex Company Guide (‘‘Company Guide’’), 3. An investor who purchases Units February 12, 2004. the Exchange may approve for listing under the Exchange Privilege, Pursuant to section 19(b)(1) of the and trading securities which cannot be Conversion Offer or Rollover Privilege Securities Exchange Act of 1934 readily categorized under the listing will pay a lower sales charge than that (‘‘Act’’),1 and Rule 19b–4 thereunder,2 criteria for common and preferred which would be paid for the Units by notice is hereby given that on January 8, stocks, bonds, debentures, or warrants.4 a new investor. 2004, the American Stock Exchange LLC The Amex proposes to list for trading (‘‘Amex’’ or ‘‘Exchange’’) filed with the D. Net Worth Requirements under Section 107A of the Company Securities and Exchange Commission Guide notes, the performance of which (‘‘SEC’’ or ‘‘Commission’’) the proposed Applicants will comply in all respects is linked to the Select Utility Index (the rule change as described in Items I, II with the requirements of rule 14a–3, ‘‘Select Utility Index Notes’’ or and III below, which Items have been except that the Series will not restrict ‘‘Notes’’). The Select Utility Index will prepared by the Exchange. On February their portfolio investments to ‘‘eligible be calculated and maintained solely by 12, 2004, the Exchange filed trust securities.’’ the Amex.5 Amendment No. 1 to the proposed rule The Notes will initially conform to E. Purchase and Sale Transactions change.3 The Commission is publishing the listing guidelines under Section Between a Terminating Series and a this notice to solicit comments on the 107A 6 and continued listing guidelines New Series proposed rule change from interested 1. Each sale of Qualified Securities by persons. 4 See Securities Exchange Act Release No. 27753 a Terminating Series to a New Series I. Self-Regulatory Organization’s (March 1, 1990), 55 FR 8626 (March 8, 1990) (order will be effected at the closing price of approving File No. SR–Amex–89–29). Statement of the Terms of Substance of 5 Subject to the criteria in the prospectus the securities sold on a Qualified the Proposed Rule Change regarding the construction of the Index, the Exchange on the sale date, without any Exchange has sole discretion regarding changes to brokerage charges or other remuneration The Exchange proposes to list and the Index due to reconstitutions and adjustments to except customary transfer fees, if any. trade notes, the return on which is the Index and the multipliers of the individual components. Amex represents that it maintains and 2. The nature and conditions of such based upon a modified market enforces appropriate policies and trading transactions will be fully disclosed to capitalization-weighted portfolio of 20 restrictions that address the use of non-public investors in the appropriate prospectus dividend paying common stocks information by its employees, such as non-public selected from the Standard & Poor’s knowledge derived in the component selection and of each Terminating Series and New maintenance of the Select Utilities Index. Series. (‘‘S&P’’) Utilities Sector, as reconstituted Telephone Conversation between Jeffrey P. Burns, from time to time in the manner set 3. The Trustee of each Terminating Associate General Counsel, Amex, and Florence forth below (the ‘‘Select Utility Index’’ Harmon, Senior Special Counsel, Division, Series and New Series will review the or ‘‘Index’’). Commission, on February 10, 2004. procedures discussed in the application 6 The initial listing standards for the Notes relating to the sale of securities from a require: (1) A minimum public distribution of one 1 15 U.S.C. 78s(b)(l). million units; (2) a minimum of 400 shareholders; Terminating Series and the purchase of 2 those securities for deposit in a New 17 CFR 240.19b–4. (3) a market value of at least $4 million; and (4) a 3 See Letter from Jeffrey P. Burns, Associate term of at least one year. In addition, the listing Series, and make such changes to the General Counsel, Amex, to Nancy Sanow, Assistant guidelines provide that the issuer have assets in procedures as the Trustee deems Director, Division of Market Regulation excess of $100 million, stockholder’s equity of at necessary to ensure compliance with (‘‘Division’’), Commission, dated February 11, 2004 least $10 million, and pre-tax income of at least paragraphs (a) through (d) of rule 17a– (‘‘Amendment No. 1’’). In Amendment No. 1, the $750,000 in the last fiscal year or in two of the three Amex clarified its earlier comparison of the Select prior fiscal years. In the case of an issuer which is 7. Utility Index proposed herein with an existing unable to satisfy the earning criteria stated in 4. A written copy of these procedures index, the Select Sector Utilities Index. The Amex Section 101 of the Company Guide, the Exchange also included a representation that the Exchange will require the issuer to have the following: (1) and a written record of each transaction would consult with the Commission in the event Assets in excess of $200 million and stockholders’ pursuant to this order will be that the number of Index components falls to ten equity of at least $10 million; or (2) assets in excess maintained as provided in rule 17a–7(g). (10) or fewer stocks. Continued

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under Sections 1001–1003 7 of the the Select Sector Utilities Index and the Period or the Origination Period.11 Each Company Guide. The Notes are senior proposed Select Utility Index are similar Share Multiplier will be determined by non-convertible debt securities of by providing exposure to the utility using the weighting of each Select Merrill Lynch & Co., Inc. (‘‘Merrill industry sector of the economy, the Utility Stock fixed on a Determination Lynch’’). The Notes will have a term of methodology of each index differs so Date and the applicable closing prices of not less than one nor more than ten that the number of index components as such Select Utility Stock observed on years. The Notes will entitle the owner well as the component stocks are not the each day during any Reset Period or at maturity to receive an amount based same.9 The Exchange also lists and Origination Period. After any Reset upon the percentage change of the Index trades options on the Utilities Select Period or Origination Period, each Share over the term of the Notes. The starting Sector SPDR Fund. Multiplier will remain constant unless value (the ‘‘Starting Value’’) of the The securities contained in the Select adjusted for quarterly dividends, Select Utility Index initially will be set Utility Index (the ‘‘Select Utility quarterly reconstitutions or certain to 100 on the date the Notes are priced Stocks’’) initially were determined on corporate events. for initial sale to the public (the December 17, 2003 (the ‘‘Initial The stocks included in the Select ‘‘Origination Date’’). The ending value Determination Date’’).10 The Index will Utility Portfolio will be stocks (the ‘‘Ending Value’’) is the value of the thereafter be reconstituted quarterly in determined by the Amex to be Select Utility Index over a period of five January, April, July and October (each a Qualifying Stocks having the twenty business days shortly before the ‘‘Reset Period’’) on the second business (20) highest Combined Dividend expiration of the Notes. The Ending day prior to the start of the Reset Period Scores 12 on the relevant Determination Value will be used in calculating the (each a ‘‘Determination Date’’). A Date. ‘‘Qualifying Stocks’’ are all stocks amount owners will receive upon weighting will be assigned to each in the S&P Utilities Sector, a subset of maturity (the ‘‘Redemption Amount’’). Select Utility Stock based upon the the S&P Composite 1500 Index The Notes will not have a minimum market capitalization of such stock composed of stocks classified by S&P’s principal amount that will be repaid relative to the other newly determined as GICS Utilities Sector companies, and, accordingly, payments on the Select Utility Stocks, subject to a except for (i) stocks which have not paid Notes prior to or at maturity may be less maximum weighting for any single stock dividends in the prior calendar year, (ii) than the original issue price of the of no more than 10% of the aggregate stocks which have an Expected Notes. During an approximately two- market capitalization of the newly Dividend Growth Estimate of zero or week period in the designated month determined Select Utility Stocks (the less and (iii) stocks which have an each year, investors will have the right ‘‘Select Utility Portfolio’’). The market average daily value traded over the prior to require the Issuer to repurchase the capitalization will be the product of the 30 calendar days less than $5,000,000. Notes at an amount based on the value total number of shares outstanding for In the event that less than twenty (20) of the Index at such repurchase date. the Select Utility Stocks, as published of the S&P Utilities Sector stocks are The Notes are not callable by the issuer. by S&P, and the closing market price for Qualifying Stocks, the Select Utility such stock on the Determination Date. The Notes are cash-settled in U.S. Index will operate with less than twenty The aggregate amount, if any, by which Select Utility Stocks until such time that dollars and do not give the holder any all Select Utility Stocks are reduced due right to receive a portfolio security or twenty or more Qualifying Stocks are to this 10% limitation will be identified on a Determination Date. In any other ownership right or interest in redistributed proportionately across the the portfolio of securities comprising addition, the Amex represents that if the remaining stocks that represent less number of Index components falls to ten the Index. The Notes are designed for than 10% of the aggregate market investors who want to participate or (10) or fewer stocks, Amex will consult capitalization. If any other stock comes with the Commission.13 The ‘‘Expected gain exposure to specific securities to exceed this 10% limit as a result of within the S&P Utilities Sector and who Dividend Growth Estimate’’ for each such redistribution, the weights for such S&P Utilities Sector stock will equal the are willing to forego market interest stock will be set to 10% of the aggregate payments on the Notes during such quotient of the expected dividend for market capitalization, and the the subsequent fiscal year, published by term. The Commission has previously redistribution will be repeated. The approved the listing of the Utilities Institutional Brokers’ Earnings System, ‘‘Share Multiplier’’ for each Select over the Current Dividend minus one. Select Sector SPDR Fund based on the Utility Stock will be determined over Utilities Select Sector Index.8 Although five business days included in any Reset Initial Value of the Select Utility Index The Select Utility Index will not fully of $100 million and stockholders’ equity of at least 23492 (October 20, 1998), 63 FR 57332 (October 27, reflect changes in the value of the Select $20 million. 1998). 7 The Exchange’s continued listing guidelines are 9 The proposed Select Utility Index is comprised 11 set forth in Sections 1001 through 1003 of Part 10 of twenty (20) dividend paying securities of the S&P The Origination Period is a five (5) day period to the Exchange’s Company Guide. Section 1002(b) Utilities Sector while the Select Sector Utilities commencing on the Origination Date and lasting for of the Company Guide states that the Exchange will Index is comprised of thirty-seven (37) utility the next four (4) business days when the Index is consider removing from listing any security where, Securities that may or may not be included within calculated or published. in the opinion of the Exchange, it appears that the the S&P Utilities Sector. 12 The ‘‘Combined Dividend Score’’ for each extent of public distribution or aggregate market 10 As of the Initial Determination Date, the Select Qualifying Stock will equal the sum of the Dividend value has become so reduced to make further Utility Index consisted of the following stocks: Yield and the Expected Dividend Growth Estimate dealings on the Exchange inadvisable. With respect Atmos Energy Corporation (ATO); Black Hills for such common stock, represented as a to continued listing guidelines for distribution of Corporation (BKH); Consolidated Edison Inc. (ED); percentage. The ‘‘Dividend Yield’’ for each S&P the Notes, the Exchange will rely, in part, on the Constellation Energy Group (CEG); Energy East Utilities Sector stock will be determined by guidelines for bonds in Section 1003(b)(iv). Section Corporation (EAS); FirstEnergy Corp. (FE); FPL annualizing the last quarterly or semi-annual 1003(b)(iv)(A) provides that the Exchange will Group, Inc. (FP); National Fuel Gas Company ordinary cash dividend for which the ex-dividend normally consider suspending dealings in, or (NFG); Nicor Inc. (GAS); NiSource Inc. (NI); date has occurred, excluding any dividend which removing from the list, a security if the aggregate Northeast Utilities System (NU); NSTAR (NST); is deemed by the Index Calculation Agent in its sole market value or the principal amount of bonds Oneok, Inc. (OKE); Pinnacle West Capital discretion to constitute an extraordinary dividend publicly held is less than $400,000. Corporation (PNW); PPL Corporation (PPL); (the ‘‘Current Dividend’’), and dividing the result by 8 See Securities Exchange Act Release No. 40749 Progress Energy, Inc. (PGN); Questar Corporation the last available sale price for such stock on its (December 4, 1998), 63 FR 68483 (December 11, (STR); SCANA Corporation (SCG); The Southern primary exchange on the Determination Date. 1998) and Investment Company Act Release No. Company (SO); and TXU Corporation (TXU). 13 See Amendment No. 1, supra n. 3.

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Utility Portfolio until the end of the Index fully reflect full exposure to the (each a ‘‘Reset Date’’). The Exchange Origination Period. During the changes in the values of the Select will select the twenty (20) Qualifying Origination Period, the Select Utility Utility Portfolio. Stocks having the highest Combined Index will be calculated as though it On any Origination Period Day, the Dividend Scores (the ‘‘New Stocks’’) on tracked the value of (a) a decreasing value of the Select Utility Index will the sixth scheduled business day prior pool of cash and (b) an increasing equal (i) The sum of the products of the to the applicable Reset Date (the investment in the Select Utility Stocks. current market price for each of the ‘‘Quarterly Determination Date’’) using The Select Utility Portfolio Value will Select Utility Stocks and the applicable the methodology described above. be allocated to the Select Utility interim Share Multiplier, plus (ii) the The Select Utility Index will not fully Portfolio over a period of five (5) value of the hypothetical pool of cash, reflect changes in the Select Utility business days, with 20% of the value plus (iii) an amount equal to Current Portfolio until the end of the Reset being so allocated at the close of Quarter Dividends,14 and less (iv) a pro Period. Each Reset Period begins on the business on each such day. rata portion of the annual Index fourth business day prior to the Reset 15 For example, at the close of business Adjustment Factor. Each interim Date and ends on the Reset Date. During on the Origination Date, the first Share Multiplier will equal the number the Reset Period, the Select Utility Origination Period Day, the Select of shares of the related Select Utility Stocks comprising the Select Utility Utility Index will be calculated as Stock included in the Select Utility Portfolio for the quarter ending on such though it tracked the value of, for Portfolio. The Share Multiplier for any Reset Date (the ‘‘Old Stocks’’) will be instance, an initial $100 investment, $80 Select Utility Stock will be determined sold at the close of business each day in as follows, continuing the example an amount equal to approximately 20% of which remained in cash and $20 of provided in the paragraph above. Of the of the position represented by the which was deemed to have been daily $20 investment in the Select applicable Share Multipliers as of the invested in the Select Utility Stocks at Utility Stocks to be made at the close of commencement of the Reset Period. The the close of the market on such day and business on the first Origination Period proceeds from such deemed daily stock in proportion to the respective weight Day, a percentage of such daily sales, the value of which will equal the for each Select Utility Stock. At the investment equal to the percentage product of one-fifth of the Share close of business on the next, or second, weighting of the specific Select Utility Multiplier for each of the Old Stocks Origination Period Day, the Select Stock will be used to purchase the and the closing price of such Old Stock Utility Index will be calculated as number of shares of that Select Utility on such day, will be invested in the though it tracked the value of the same Stock that can be purchased at the New Stocks through a deemed daily initial $100 investment, $60 of which closing market price of that Select purchase of such New Stocks, based remained in cash, $20 of which was Utility Stock on such Origination Period upon the percentage weighting of each deemed to have been invested in the Day. The number of shares purchased is New Stock determined on the Quarterly Select Utility Stocks at the close of the the Share Multiplier for the first Determination Date and the closing market on such day and $20 of which Origination Period Day. This process prices of each New Stock observed on had been previously purchased at the will be repeated on each day during the the applicable Reset Period Day (as the previous day’s closing price. At the Origination Period and the sum of such initial Select Utility Stocks were close of business on the third business deemed stock purchases on any deemed to have been purchased as day, the Select Utility Index will be Origination Period Day and previously described above). Therefore, during the calculated as though it tracked the value determined interim Share Multiplier Reset Period, the Select Utility Index of the same initial $100 investment, $40 will equal the interim Share Multiplier will be calculated as though it tracked of which remained in cash, $20 of for that Select Utility Stock. In this way, the value of (a) a decreasing investment which was deemed to have been the interim Share Multiplier will in the Old Stocks and (b) an increasing invested in the Select Utility Stocks at increase at the close of business on each investment in the New Stocks. the close of the market on such day and Origination Period Day, and at the end On any business day, except during $40 of which had been previously of the Origination Period, the Share the Origination Period, the value of the purchased at the prior closing prices. At Multiplier will thereafter be fixed until Index will equal (i) the sum of the the close of business on the fourth adjusted for quarterly dividends, products of the current market price for business day, the Select Utility Index quarterly reconstitutions or certain each of the Select Utility Stocks and the will be calculated as though it tracked corporate events. applicable Share Multiplier, plus (ii) an the value of the same initial $100 amount equal to Current Quarter investment, $20 of which remained in Quarterly Index Reconstitution Dividends less (iii) a pro rata portion of cash, $20 of which was deemed to have The Select Utility Index will be the annual Index Adjustment Factor. been invested in the Select Utility reconstituted quarterly after a fixed date Merrill Lynch proposes to initially Stocks at the close of the market on such in January, April, July and October of constitute and reconstitute the Select day and $60 of which had been each year during the term of the Notes Utility Index in this manner in order purchased at the prior closing prices. At reduce the market impact. In addition, the close of business on the fifth 14 ‘‘Current Quarter Dividends’’ for any day will this process will also provide a better business day, the Select Utility Index be determined by the Exchange and will equal the process for the Issuer to hedge its sum of the products for each Select Utility Stock of will be calculated as though it tracked the cash dividend paid by an issuer on one share market risk in connection with the the value of the same initial $100 of stock during the quarterly period containing the Notes. Although we believe that there investment, $0 of which remained in day for which the applicable Current Quarter will be limited change in the component cash, $20 of which was deemed to have Dividends are being determined multiplied by the stocks of the Index, there may be Share Multiplier applicable to that stock on the ex- been invested in the Select Utility dividend date. significant changes in the weightings of Stocks at the close of the market on such 15 The Index Adjustment Factor is 1.5% per the Index components. Accordingly, the day and $80 of which had been annum and will reduce the value of the Select process of constitutions and purchased at the prior closing prices. In Utility Index each day by the pro rata amount. The reconstitutions described above, should Exchange will use an index divisor to reduce the this way, only on the sixth business day Select Utility Index daily by the pro rata portion of help to alleviate both market impact and and thereafter will the Select Utility the Index Adjustment Factor. Issuer risk.

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The Exchange will calculate the section 6(b)(5) 19 in particular in that it change that are filed with the Select Utility Index and, similar to other is designed to prevent fraudulent and Commission, and all written stock index values published by the manipulative acts and practices, communications relating to the Exchange, the value of the Select Utility promote just and equitable principles of proposed rule change between the Index will be calculated continuously trade, remove impediments to and Commission and any person, other than and disseminated every fifteen (15) perfect the mechanisms of a free and those that may be withheld from the seconds on the Consolidated Tape open market and a national market public in accordance with the Association’s Network B. system. provisions of 5 U.S.C. 552, will be Because the Select Utility Index Notes available for inspection and copying at B. Self-Regulatory Organization’s the Commission’s Public Reference are linked to a portfolio of equity Statement on Burden on Competition securities, the Amex’s existing equity Room. Copies of such filing will also be floor trading rules will apply to the The Exchange does not believe that available for inspection and copying at trading of the Notes. First, pursuant to the proposed rule change, as amended, the principal office of the Amex. All Amex Rule 411, the Exchange will will impose any burden on competition. submissions should refer to the File No. SR–Amex–2004–02 and should be impose a duty of due diligence on its C. Self-Regulatory Organization’s submitted by March 15, 2004. members and member firms to learn the Statement on Comments on the essential facts relating to every customer Proposed Rule Change Received From For the Commission by the Division of prior to trading the Notes.16 Second, the Members, Participants or Others Market Regulation, pursuant to delegated Notes will be subject to the equity authority.20 The Exchange did not receive any margin rules of the Exchange.17 Third, Margaret H. McFarland, written comments on the proposed rule the Exchange will, prior to trading the Deputy Secretary. change. Notes, distribute a circular to the [FR Doc. 04–3780 Filed 2–20–04; 8:45 am] membership providing guidance with III. Date of Effectiveness of the BILLING CODE 8010–01–P regard to member firm compliance Proposed Rule Change and Timing for responsibilities (including suitability Commission Action SECURITIES AND EXCHANGE recommendations) when handling Within 35 days of the date of COMMISSION transactions in the Notes and publication of this notice in the Federal highlighting the special risks and Register or within such longer period (i) [Release No. 34–49240; File No. SR–Amex– characteristics of the Notes. With as the Commission may designate up to 2003–21] respect to suitability recommendations 90 days of such date if it finds such and risks, the Exchange will require longer period to be appropriate and Self-Regulatory Organizations; Order members, member organizations and publishes its reasons for so finding or Approving Proposed Rule Change and Amendment Nos. 1, 2, 3, and 4 Thereto employees thereof recommending a (ii) as to which the self-regulatory by the American Stock Exchange LLC transaction in the Notes: (1) To organization consents, the Commission Relating to At-the-Close Orders and determine that such transaction is will: suitable for the customer, and (2) to A. By order approve the proposed rule Auxiliary Opening Procedures have a reasonable basis for believing change, as amended, or February 12, 2004. that the customer can evaluate the B. Institute proceedings to determine On March 27, 2003, the American special characteristics of, and is able to whether the proposed rule change, as Stock Exchange LLC (‘‘Amex’’ or bear the financial risks of such amended, should be disapproved. ‘‘Exchange’’) filed with the Securities transaction. In addition, Merrill Lynch and Exchange Commission will deliver a prospectus in connection IV. Solicitation of Comments (‘‘Commission’’), pursuant to section with the initial sales of the Notes. Interested persons are invited to 19(b)(1) of the Securities Exchange Act The Exchange represents that its submit written data, views and of 1934 (‘‘Act’’) 1 and Rule 19b–4 surveillance procedures are adequate to arguments concerning the foregoing, thereunder,2 a proposed rule change to properly monitor the trading of the including whether the proposed rule (1) to adopt Amex Rule 131A to set forth Notes. Specifically, the Amex will rely change, as amended, is consistent with Exchange rules and procedures on its existing surveillance procedures the Act. Persons making written regarding at-the-close orders; (2) to governing equities, which have been submissions should file six copies amend Amex Rules 131 and 156 relating deemed adequate under the Act. In thereof with the Secretary, Securities to at-the-close orders; (3) to implement addition, the Exchange also has a and Exchange Commission, 450 Fifth additional procedures, relating to daily general policy, which prohibits the Street, NW., Washington, DC 20549– at-the-close procedures and expiration distribution of material, non-public 0609. Comments may also be submitted day auxiliary opening procedures; and information by its employees. electronically to the following e-mail (4) to adopt Amex Rule 118(m) to reflect address: [email protected]. All 2. Statutory Basis procedures applicable to at-the-close comment letters should refer to File No. orders in Nasdaq securities traded on The Exchange believes that the SR–Amex–2004–02. The file number the Exchange pursuant to unlisted proposed rule change, as amended is should be included on the subject line trading privileges. On September 10, consistent with section 6 of the Act 18 in if e-mail is used. To help the 2003, the Amex amended the proposed general and furthers the objectives of Commission process and review your rule change.3 On October 20, 2003, the comments more efficiently, comments 16 Amex Rule 411 requires that every member, should be sent in hardcopy or by e-mail 20 17 CFR 200.30–3(a)(12). member firm or member corporation use due but not by both methods. Copies of the 1 15 U.S.C. 78s(b)(1). diligence to learn the essential facts, relative to submission, all subsequent 2 17 CFR 240.19b–4. every customer and to every order or account amendments, all written statements 3 See letter from Claire P. McGrath, Senior Vice accepted. President and Deputy General Counsel, Amex, to 17 See Amex Rule 462 and Section 107B of the with respect to the proposed rule Nancy Sanow, Assistant Director, Division of Company Guide. Market Regulation (‘‘Division’’), Commission, dated 18 15 U.S.C. 78f(b). 19 15 U.S.C. 78f(b)(5). September 9, 2003 (‘‘Amendment No. 1’’).

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Amex amended the proposed rule trade, to foster cooperation and Commission (‘‘Commission’’) the change.4 On November 14, 2003, the coordination with persons engaged in proposed rule change as described in Amex amended the proposed rule regulating, clearing, settling, processing Items I, II, and III below, which Items change.5 information with respect to, and have been prepared by the Exchange. The proposed rule change and facilitating transactions in securities, to The proposed rule change has been filed Amendment Nos. 1, 2, and 3 were remove impediments to and perfect the by CBOE under Rule 19b–4(f)(6) under published for comment in the Federal mechanism of a free and open market the Act.3 On January 2, 2004, CBOE 6 Register on November 28, 2003. The and a national market system, and in filed Amendment No. 1 to the proposed Commission received no comments on general, to protect investors and the rule change.4 The Commission is public interest. Specifically, the the proposal. On January 9, 2004, the publishing this notice to solicit Amex filed Amendment No. 4 to the Commission believes that the Amex’s comments on the proposed rule change, proposed rule change.7 This order proposal to amend its rules governing as amended, from interested persons. approves the proposed rule change. at-the-close orders and auxiliary In the filing, the Amex states that the opening procedures on the Exchange I. Self-Regulatory Organization’s proposed rule change consolidates may provide useful information to Statement of the Terms of Substance of current Exchange procedures regarding market participants and may minimize the Proposed Rule Change MOC and LOC orders in Rule 131A. In price volatility on the close. In addition, addition, paragraph (m) of Rule 118 the Commission believes that the CBOE proposes to amend its rules to establishes MOC and LOC procedures proposed rule change may result in the reflect the Commission’s recent for Nasdaq securities that are public dissemination of information that adoption of Rule 238 under the substantially similar to the procedures more accurately reflects the trading in a Securities Act of 1933 (the ‘‘Securities proposed in Rule 131A. Amex is particular security on the Exchange at Act’’) 5 and Rule 12a–9 under the Act,6 implementing an MOC Imbalance the close. which together exempt standardized Calculation Policy and amending its For the foregoing reasons, the options issued by a registered clearing MOC Imbalance Publication Policy so Commission finds that the proposed agency and traded on a registered that it more closely resembles the New rule change is consistent with the national securities exchange or on a York Stock Exchange’s (‘‘NYSE’’) policy requirements of the Act and rules and registered national securities association regulations thereunder. as set out in NYSE Rule 123C(5). The from most of the provisions of the Amex states that the most salient feature It is therefore ordered, pursuant to section 19(b)(2) of the Act 11, that the Securities Act and from the registration of the revised policies is the additional 7 proposed rule change (SR–Amex–2003– requirements of Section 12 of the Act. dissemination of an imbalance at 3:50 The text of the proposed rule change is p.m. 21) is approved. available at the Exchange and at the The Commission finds that the For the Commission, by the Division of Commission. proposed rule change is consistent with Market Regulation, pursuant to delegated the requirements of the Act and the authority.12 I. Self-Regulatory Organization’s rules and regulations thereunder Margaret H. McFarland, Statement of the Purpose of, and applicable to a national securities Deputy Secretary. Statutory Basis for, the Proposed Rule exchange.8 The Commission believes [FR Doc. 04–3781 Filed 2–20–04; 8:45 am] Change that the proposed rule change is BILLING CODE 8010–01–P consistent with Section 6(b) of the Act,9 In its filing with the Commission, the in general, and furthers the objectives of Exchange included statements section 6(b)(5),10 in particular, in that it SECURITIES AND EXCHANGE concerning the purpose of and basis for is designed to prevent fraudulent and COMMISSION the proposed rule change and discussed manipulative acts and practices, to [Release No. 34–49241; File No. SR–CBOE– any comments it received on the promote just and equitable principles of 2003–56] proposed rule change. The text of these statements may be examined at the 4 See letter from Claire P. McGrath, Senior Vice Self-Regulatory Organizations; Notice places specified in Item IV below. The President and Deputy General Counsel, Amex, to of Filing and Immediate Effectiveness Nancy Sanow, Assistant Director, Division, Exchange has prepared summaries, set Commission, dated October 17, 2003 (‘‘Amendment of Proposed Rule Change and forth in Sections A, B, and C below, of No. 2’’). Amendment No. 1 Thereto by the the most significant parts of such 5 See letter from Claire P. McGrath, Senior Vice Chicago Board Options Exchange, Inc. statements. President and Deputy General Counsel, Amex, to Relating to the Exemption of Nancy Sanow, Assistant Director, Division, Standardized Options From the Commission, dated November 13, 2003 3 17 CFR 240.19b–4(f)(6). Securities Act of 1933 and Provisions (‘‘Amendment No. 3’’). 4 See letter from David Doherty, Attorney, Legal 6 See Securities Exchange Act Release No. 48813 of the Securities Exchange Act of 1934 Division, CBOE, to Nancy Sanow, Assistant (November 20, 2003), 68 FR 66898. Director, Division of Market Regulation 7 See letter from Claire P. McGrath, Senior Vice February 12, 2004. (‘‘Division’’), Commission, December 30, 2003 President and Deputy General Counsel, Amex, to Pursuant to section 19(b)(1) of the (‘‘Amendment No. 1’’). In Amendment No. 1, CBOE Nancy Sanow, Assistant Director, Division, Securities Exchange Act of 1934 deleted proposed revisions to CBOE Rule 9.21(a)(iv) Commission, dated January 8, 2004 (‘‘Amendment 1 2 and its description. No. 4’’). In Amendment No. 4, the Amex revised the (‘‘Act’’) and Rule 19b–4 thereunder, 5 text of the proposed rule change to correct a number notice is hereby given that on December 17 CFR 230.238. of typographical errors. This was a technical 3, 2003, the Chicago Board Options 6 17 CFR 240.12a–9. amendment and is not subject to notice and Exchange, Inc. (‘‘Exchange’’ or ‘‘CBOE’’) 7 15 U.S.C. 78l. See also Exemption for comment. filed with the Securities and Exchange Standardized Options From Provisions of the 8 In approving this proposed rule change, the Securities Act of 1933 and From the Registration Commission has considered the proposed rule’s Requirements of the Securities Exchange Act of impact on efficiency, competition, and capital 11 15 U.S.C. 78s(b)(2). 1934, Securities Act Release No. 8171 and formation. 15 U.S.C. 78c(f). 12 17 CFR 200.30–3(a)(12). Securities Exchange Act Release No. 47082 9 15 U.S.C. 78f(b). 1 15 U.S.C. 78s(b)(1). (December 23, 2002), 68 FR 188 (January 2, 2003) 10 15 U.S.C. 78f(b)(5). 2 17 CFR 240.19b–4. (‘‘Commission Release’’).

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A. Self-Regulatory Organization’s section 6(b) of the Act,13 in general, and in furtherance of the purposes of the Statement of the Purpose of, and furthers the objectives of section 6(b)(5) Act.18 Statutory Basis for, the Proposed Rule of the Act,14 in particular, in that it is Change designed to promote just and equitable IV. Solicitation of Comments 1. Purpose principles of trade, to remove Interested persons are invited to impediments to and perfect the On January 2, 2003, final rules of the submit written data, views, and mechanism of a free and open market arguments concerning the foregoing, Commission became effective which and a national market system, and, in exempt standardized options issued by including whether the proposed rule general, to protect investors and the change is consistent with the Act. a registered clearing agency and traded public interest. on a registered national securities Persons making written submissions exchange or a registered national B. Self-Regulatory Organization’s should file six copies thereof with the securities association from all Statement on Burden on Competition Secretary, Securities and Exchange provisions of the Securities Act, other Commission, 450 Fifth Street, NW., than the anti-fraud provisions of section CBOE does not believe that the Washington, DC 20549–0609. 17 of the Securities Act,8 and from the proposed rule change will impose any Comments may also be submitted registration requirements of section burden on competition not necessary or electronically at the following e-mail 12(a) of the Act.9 CBOE is proposing to appropriate in furtherance of the address: [email protected]. All revise its rules that contain references to purposes of the Act. comment letters should refer to File No. a prospectus in connection with options C. Self-Regulatory Organization’s SR–CBOE–2003–56. This file number trading, because, as a registered national Statement on Comments on the should be included on the subject line securities exchange, CBOE represents Proposed Rule Change Received From if e-mail is used. To help us process and that all of its listed options fall within Members, Participants, or Others review comments more efficiently, the scope of the exemptions provided by comments should be sent in hardcopy these rules. CBOE neither solicited nor received Specifically, CBOE proposes to delete or by e-mail but not by both methods. written comments with respect to the Copies of the submission, all subsequent the phrase ‘‘and Prospectus’’ from the proposed rule change. title of current CBOE Rule 9.15 amendments, all written statements (‘‘Delivery of Current Options III. Date of Effectiveness of the with respect to the proposed rule Disclosure Documents and Prospectus’’) Proposed Rule Change and Timing for change that are filed with the and from the reference to the title of Commission Action Commission, and all written current CBOE Rule 9.15 in communications relating to the Interpretation and Policy .04 to CBOE Because the foregoing proposed rule proposed rule change between the Rule 9.7.10 CBOE is also proposing to change (1) does not significantly affect Commission and any person, other than delete current CBOE Rule 9.15(b), which the protection of investors or the public those that may be withheld from the essentially restates the prospectus interest; (2) does not impose any public in accordance with the delivery requirements of the Securities significant burden on competition; and provisions of 5 U.S.C. 552, will be Act. Likewise, the proposed rule change (3) by its terms, does not become available for inspection and copying in operative until 30 days from the date on deletes references to the prospectus the Commission’s Public Reference which it was filed, or such shorter time from CBOE Rules 21.19A and 26.10. Section. Copies of such filing will also as the Commission may designate if CBOE is currently in the process of be available for inspection and copying reviewing its rules to determine if more consistent with the protection of at the principal office of CBOE. All substantive changes to the CBOE rules investors and the public interest, and submissions should be submitted by should be made in light of the the Exchange provided the Commission Commission Release.11 with written notice of its intent to file March 15, 2004. the proposed rule change at least five For the Commission, by the Division of 2. Statutory Basis business days prior to the date of filing Market Regulation, pursuant to delegated The Exchange asserts that because the of the proposed rule change,15 it has authority.19 proposed rule change reflects final rules become effective pursuant to section Margaret H. McFarland, of the Commission, which exempt 16 19(b)(3)(A) of the Act and Rule 19b– Deputy Secretary. standardized options that are issued by 4(f)(6) thereunder.17 registered clearing agencies and traded [FR Doc. 04–3776 Filed 2–20–04; 8:45 am] At any time within sixty days of the on a registered national securities BILLING CODE 8010–01–P filing of Amendment No. 1 to the exchange or a registered national proposed rule change, the Commission securities association from all may summarily abrogate such rule provisions of the Securities Act (except change if it appears to the Commission for section 17 of the Securities Act) 12 that such action is necessary or and the registration provisions of the Act, it is therefore consistent with appropriate in the public interest, for the protection of investors, or otherwise 8 15 U.S.C. 77q. 9 15 U.S.C. 78l(a). 13 15 U.S.C. 78f(b). 10 CBOE is also correcting the reference to the title 14 15 U.S.C. 78f(b)(5). of current CBOE Rule 9.15 in Interpretation and 15 On October 17, 2003, CBOE provided the Commission with written notice of its intent to file Policy .04 to CBOE Rule 9.7 by adding the term 18 ‘‘Options Disclosure Document.’’ Telephone the proposed rule change. See letter from David For purposes of calculating the sixty-day conversation between David Doherty, Attorney, Doherty, Attorney, Legal Division, CBOE, to Nancy abrogation period, the Commission considers the Legal Division, CBOE, and Frank N. Genco, Sanow, Assistant Director, Division, Commission, abrogation period to have begun on January 2, 2004, Division, Commission, on December 22, 2003. October 17, 2003. the date on which the Commission received 11 See supra note 7. 16 15 U.S.C. 78s(b)(3)(A). Amendment No. 1. 12 15 U.S.C. 77q. 17 17 CFR 240.19b–4(f)(6). 19 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE (A) Self-Regulatory Organization’s almost all repo broker activity is now COMMISSION Statement of the Purpose of, and submitted to FICC on an interactive, Statutory Basis for, the Proposed Rule real-time basis that allows brokers to [Release No. 34–49242; File No. SR–FICC– Change readily rectify any outstanding data 2003–06] When GSD initially implemented its submission errors during the day. For blind-brokered repurchase agreement these reasons, FICC is proposing to Self-Regulatory Organizations; Fixed (‘‘repo’’) service, it operated a system modify the forward margin adjustment Income Clearing Corporation; Notice of whereby the majority of members process to require the repo brokers to Filing of a Proposed Rule Change submitted trade data in a single batch satisfy their forward margin obligations Relating to the Assessment of Funds- file at the end of each day. The batch including both paying forward margin Only Settlement Obligations file submission process made it virtually debits and receiving forward margin impossible for repo brokers, who expect credits. February 12, 2004. to net out of their position as Going forward, FICC proposes to Pursuant to section 19(b)(1) of the middlemen in brokered repos, to timely apply the following parameters with Securities Exchange Act of 1934 determine the existence of trades on respect to the forward margin (‘‘Act’’),1 notice is hereby given that on which they had positions, contact the obligations of repo brokers. Debits and credits up to a predetermined dollar July 11, 2003, the Fixed Income Clearing appropriate counterparties, and correct amount cap would be automatically Corporation (‘‘FICC’’) filed with the trade details. As a result, any erroneous submissions on the part of a dealer collected or paid as applicable by the Securities and Exchange Commission counterparty resulted in a forward repo brokers, as is the case for all other (‘‘Commission’’) the proposed rule margin assessment to the repo broker. netting members.6 Debits and credits in change as described in Items I, II, and Realizing that a repo broker should excess of the cap would be subject to III below, which items have been always be flat from a net-settlement hybrid processing, meaning that while prepared primarily by FICC. The position perspective, FICC granted repo the dollar amount up to the cap would Commission is publishing this notice to brokers relief from the forward always be collected or paid in its solicit comments on the proposed rule margining process by providing a look entirety by the broker, amounts over the change from interested persons. through to the dealer counterparties for cap (‘‘excess debits’’ or ‘‘excess credits’’) I. Self-Regulatory Organization’s purposes of assessing forward margin would be financed by GSD at the 4 discretion of FICC. Statement of the Terms of Substance of obligations. However, the look through the Proposed Rule Change involves a manual adjustment process As an example of hybrid processing that requires complex calculations for an excess debit, the Operations The proposed rule change would inconsistent with FICC’s overall Department would first request that the eliminate the complex manual management policy.5 affected repo broker pay the excess debit adjustments currently made by FICC’s FICC has determined that it will no to FICC. In the event that the repo Operations Department with regard to longer provide a look through to relieve broker is unable to pay the excess debit, the forward margin debit obligations repo brokers from forward margin the Operations Department, in and credit entitlements of repo broker obligations. Subsequent to the events of consultation with the Credit Risk September 11, 2001, FICC decided to members of the Government Securities Department, would determine whether eliminate all operations functions that Division (‘‘GSD’’) of FICC.2 it would be appropriate for FICC to require complex manual adjustment or finance the excess debit. If FICC II. Self-Regulatory Organization’s input as a way to reduce risk in all finances the excess debit, the broker Statement of the Purpose of, and operations processes. In addition, would be charged a financing fee, Statutory Basis for, the Proposed Rule representing the interest amount that Change 4 FICC, in a prior rule filing, amended its rules to FICC would be charged by the clearing allow management to look through brokered repo transactions in order that repo brokers were not left bank. The member also will be subject In its filing with the Commission, 7 with debit or credit obligations caused by erroneous to an administrative fee, and FICC’s FICC included statements concerning submissions on behalf of the dealers. Securities extension of financing would be secured the purpose of and basis for the Exchange Act Release No. 38603 (May 9, 1997), 62 by the clearing fund deposit of the repo proposed rule change and discussed any FR 27088 (May 16, 1997) [File No. SR–GSCC–96– 12]. In accordance with FICC’s risk strategy at the broker. GSD would collect the comments it received on the proposed time, the risk management process worked most calculated interest amount from the rule change. The text of these statements effectively if a repo broker was netted out of its repo broker on the subsequent business may be examined at the places specified positions as a middleman. However, with the day. GSD would also reserve the right in advent of real time trade matching and the ready in Item IV below. FICC has prepared ability of brokers to rectify dealer submission errors, certain situations to assess the forward summaries, set forth in sections (A), (B), GSD believes that risk management initiatives are margin amounts in excess of the dollar and (C) below, of the most significant better served by using the parameters outlined in amount cap excess by looking through aspects of such statements.3 this filing. to the dealer, as is done by the current 5 On each business day, the Operations Division manual process.8 routinely adjusts the overall funds-only settlement obligation of a repo broker that has a forward 1 15 U.S.C. 78s(b)(1). margin debit or credit. If the repo broker has an 6 The FICC Membership and Risk Management 2 Forward margin is a component of a netting overall credit forward margin, GSD will reduce its Committee will determine, based on historical data member’s daily funds-only settlement obligation. aggregate funds-only credit obligation or increase its and risk considerations, what the debit and credit Forward margin is a mark-to-market payment on aggregate funds-only debit entitlement by an cap will be for forward margin debits and credits. The Committee has approved an initial cap of $2 forward-settling positions. It is passed through in amount equal to the forward margin credit. million. the form of cash from the debit side to the credit Conversely, if the repo broker is in an overall debit forward margin position, GSD will reduce its 7 This fee will be designed to cover FICC’s cost side. The amounts are reversed on the following aggregate funds-only debit obligation or increase its of arranging financing. day with interest collected from the credit side and funds-only credit entitlement by an amount equal 8 FICC will continue to look through to the dealer paid through to the debit side. to the debit; however, it then will apply that conterparty for purposes of assessing forward 3 The Commission has modified parts of these amount to the uncompared dealer (the dealer who margin obligations in cases of a systemic outage statements. failed to submit or submitted erroneously). Continued

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In applying the hybrid processing to IV. Solicitation of Comments SECURITIES AND EXCHANGE excess credits, the Operations COMMISSION Department, in consultation with the Interested persons are invited to submit written data, views, and Credit Risk Department, would [Release No. 34–49251; File No. SR–ISE– determine whether it would be arguments concerning the foregoing, 2003–37] appropriate to pass through the excess including whether the proposed rule credit to the repo broker. To the extent change is consistent with the Act. Self-Regulatory Organizations; Order that GSD did not pass through to the Persons making written submissions Approving Proposed Rule Change by broker all or a portion of its calculated should file six copies thereof with the the International Securities Exchange, excess credit, GSD would calculate an Secretary, Securities and Exchange Inc. To Amend the Procedures for interest amount tied to the rate of Commission, 450 Fifth Street NW., Executing Stock-Option Orders Under interest earned by GSD on its overnight Washington, DC 20549–0609. ISE Rule 722 cash investment on such unpaid excess Comments may also be submitted February 13, 2004. credit and pay this interest amount to electronically at the following e-mail the repo broker on the subsequent address: [email protected]. All I. Introduction business day. comment letters should refer to File No. The proposed rule change would On December 18, 2003, the SR–FICC–2003–06. This file number International Securities Exchange, Inc. require some manual adjustments when should be included on the subject line the hybrid approach is used, but these (‘‘ISE’’ or ‘‘Exchange’’) filed with the if e-mail is used. To help the Securities and Exchange Commission instances will infrequently occur and Commission process and review your would not rise to the complexity of the (‘‘Commission’’), pursuant to Section comments more efficiently, comments current process. 19(b)(1) of the Securities Exchange Act 1 FICC believes the proposed rule should be sent in hardcopy or by e-mail of 1934 (‘‘Act’’), and Rule 19b–4 2 change is consistent with the but not by both methods. Copies of the thereunder, a proposed rule change to requirements of Section 17A of the Act submission, all subsequent revise the procedures for executing and the rules and regulations amendments, all written statements stock-option orders by: (1) Automating thereunder because it will enhance with respect to the proposed rule the transmission of the stock leg(s) of a FICC’s risk management strategy with change that are filed with the stock-option combination order to a regard to the daily funds-only Commission, and all written broker-dealer on behalf of members; and settlement process. communications relating to the (2) allowing for the pricing of the proposed rule change between the options leg(s) of stock-option (B) Self-Regulatory Organization’s Commission and any person, other than combination orders in penny Statement on Burden on Competition those that may be withheld from the increments. The proposed rule change FICC does not believe that the public in accordance with the was published for comment in the 3 proposed rule change would have an provisions of 5 U.S.C. 552, will be Federal Register on January 13, 2004. impact on or impose a burden on available for inspection and copying in The Commission received no comments on the proposed rule change. This order competition. the Commission’s Public Reference approves the proposed rule change. (C) Self-Regulatory Organization’s Section, 450 Fifth Street NW., Statement on Comments on the Washington, DC 20549. Copies of such II. Description of the Proposal Proposed Rule Change Received From filing will also be available for Under the ISE’s current procedure for Members, Participants, or Others inspection and copying at the principal executing stock-option orders, each Written comments relating to the office of FICC and on FICC’s Web site party to a stock-option trade must take proposed rule change have not yet been at www.ficc.com. All submissions steps to immediately transmit the stock solicited nor received. FICC will notify should refer to the File No. SR–FICC– leg(s) of a stock-option order to a non- the Commission of any written 2003–06 and should be submitted by ISE market for execution. The ISE has comments received by FICC. March 15, 2004. proposed to amend Supplementary For the Commission by the Division of Material .01 to ISE Rule 722 and to III. Date of Effectiveness of the adopt Supplementary Material .02 to Proposed Rule Change and Timing for Market Regulation, pursuant to delegated 9 ISE Rule 722 to provide an automated Commission Action authority. Margaret H. McFarland process for executing stock-option Within thirty five days of the date of orders. Under the automated process, an publication of this notice in the Federal Deputy Secretary ISE member will be able to elect to have Register or within such longer period (i) [FR Doc. 04–3777 Filed 2–20–04; 8:45 am] the ISE electronically communicate the as the Commission may designate up to BILLING CODE 8010–01–P stock leg(s) of a stock-option order to a ninety days of such date if it finds such designated broker-dealer for execution. longer period to be appropriate and To participate in the automated process, publishes its reasons for so finding or an ISE member must enter into a (ii) as to which the self-regulatory customer agreement with the designated organization consents, the Commission broker-dealer. The ISE member will be will: responsible for fees and other charges (a) By order approve the proposed the designated broker-dealer imposes for rule change or executing the trades, and the ISE has (b) institute proceedings to determine stated that it will not receive any fees whether the proposed rule change should be disapproved. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. where any non-submission by one counterparty 3 See Securities Exchange Act Release No. 49023 versus a repo broker exceeds $1 billion. 9 17 CFR 200.30–3(a)(12). (January 5, 2004), 69 FR 2030.

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related to the stock portion of the stock- electronically communicate the stock Rule 19b–4(f)(1) thereunder,4 as one option trade. leg(s) of a stock-option order to a constituting a stated policy, practice, or After the stock leg(s) of the orders are designated broker-dealer for execution interpretation with respect to the communicated to the designated broker- should facilitate the execution of stock- meaning, administration, or dealer for execution, the designated option orders. The Commission notes enforcement of an existing rule, which broker-dealer will be responsible for that an ISE member that elects to have renders the proposed rule change determining whether the orders may be the ISE electronically communicate the effective upon filing with the executed in accordance with all of the stock leg(s) of a stock-option order to a Commission. The Commission is rules applicable to the execution of designated broker-dealer must enter into publishing this notice to solicit equity orders, including compliance a customer agreement with the comments on the proposed rule change with the applicable short sale, trade- designated broker-dealer. In addition, from interested persons. through, and trade reporting rules. As the Commission notes that the ISE’s I. Self-Regulatory Organization’s with the current procedure, the stock- current procedure for executing stock- option order will not be executed on the Statement of the Terms of Substance of option orders will continue to be the Proposed Rule Change ISE if the broker-dealer cannot execute available to ISE members that choose the equity orders at the designated not to use the automated procedure. The text of the proposed rule change price. ISE members will be able to is below. Proposed new language is in continue using the current manual IV. Conclusion italics; proposed deletions are in procedure for executing stock-option For the foregoing reasons, the brackets. orders if they choose to do so. Commission finds that the proposed 4400. NASDAQ National Market—Issuer Because the options leg of a stock- rule change is consistent with the Designation Requirements option order must be executed in $.05 requirements of the Act and rules and increments (for options trading below regulations thereunder. Pursuant to SEC Rule 11Aa2–1, those $3) and $10 increments (for options It is therefore ordered, pursuant to securities for which transaction trading at or above $3),4 while the stock Section 19(b)(2) of the Act,7 that the reporting is required by an effective leg(s) of a stock-option order trade in proposed rule change (SR–ISE–2003–37) transaction reporting plan are $.01 increments, the ISE notes that it is is approved. designated as national market system securities. A transaction reporting plan not always possible to achieve the For the Commission, by the Division of desired net price for stock-option Market Regulation, pursuant to delegated has been filed with the Commission orders. Accordingly, the ISE has authority.8 under which securities satisfying the proposed to amend ISE Rule 722(b)(1) to Margaret H. McFarland, requirements of this Rule 4400 Series permit the execution of the option leg(s) Deputy Secretary. are covered by the transaction reporting of stock-option orders in one-cent plan and transactions in such securities [FR Doc. 04–3774 Filed 2–20–04; 8:45 am] increments. The options leg(s) of a stock are subject to the transaction reporting option order will continue to be BILLING CODE 8010–01–P provisions of the Rule 4630 Series. reported through the Options Price IM–4400 Impact of Non-Designation of Reporting Authority (‘‘OPRA’’) with a SECURITIES AND EXCHANGE Dually Listed Securities code indicating that the trade was part COMMISSION of a complex order. The trade will be To foster competition among markets reported at its actual price. [Release No. 34–49247; File No. SR–NASD– and further the development of the 2004–029] national market system following the III. Discussion repeal of NYSE Rule 500, Nasdaq shall The Commission finds that the Self-Regulatory Organizations; Notice permit issuers whose securities are proposed rule change is consistent with of Filing and Immediate Effectiveness listed on the New York Stock Exchange the requirements of the Act and the of Proposed Rule Change by the to apply also to list those securities on rules and regulations thereunder National Association of Securities the Nasdaq National Market (‘‘NNM’’). applicable to a national securities Dealers, Inc. Relating to Dual Listing Nasdaq shall make an independent 5 exchange. In particular, the February 13, 2004. determination of whether such issuers Commission believes that the proposed Pursuant to section 19(b)(1) of the satisfy all applicable listing rule change is consistent with Section Securities Exchange Act of 1934 requirements and shall require issuers 6(b)(5) of the Act,6 which requires, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 to enter into a dual listing agreement among other things, that the Exchange’s notice is hereby given that on February with Nasdaq. rules be designed to promote just and 12, 2004, the National Association of While Nasdaq shall certify such equitable principles of trade, to remove Securities Dealers, Inc. (‘‘NASD’’), dually listed securities for listing on the impediments to and perfect the through its subsidiary, The Nasdaq NNM, Nasdaq shall not exercise its mechanism of a free and open market Stock Market, Inc. (‘‘Nasdaq’’), filed authority under the NASD Rule 4400 and a national market system, and, in with the Securities and Exchange Series separately to designate or register general, to protect investors and the Commission (‘‘Commission’’) the such dually listed securities as Nasdaq public interest. The Commission proposed rule change as described in national market system securities within believes that permitting the execution of the meaning of Section 11A of the the options leg(s) of a stock-option order Items I, II, and III below, which Items have been prepared by Nasdaq. Nasdaq Securities Exchange Act of 1934 or the in one-cent increments and allowing ISE rules thereunder. As a result, these members to elect to have the ISE filed the proposed rule change pursuant to section 19(b)(3)(A)(i) of the Act,3 and securities, which are already designated as national market system securities 4 See ISE Rule 710. 7 under the Consolidated Quotation 5 In approving the proposed rule change, the 15 U.S.C. 78s(b)(2). 8 Service (‘‘CQS’’) and Consolidated Tape Commission has considered the proposed rule’s 17 CFR 200.30–3(a)(12). impact on efficiency, competition, and capital 1 15 U.S.C. 78s(b)(1). Association national market system formation. 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4. 6 15 U.S.C. 78f(b)(5). 3 15 U.S.C. 78s(b)(3)(A)(i). 4 17 CFR 240.19b–4(f)(1)

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plans (‘‘CQ and CTA Plans’’), shall II. Self-Regulatory Organization’s Service and Consolidated Tape remain subject to those plans and shall Statement of the Purpose of, and Association national market system not become subject to the Nasdaq UTP Statutory Basis for, the Proposed Rule plans (‘‘CQ and CTA Plans’’) will Plan, the national market system plan Change remain subject to those plans and will governing securities designated by the In its filing with the Commission, not become subject to the Nasdaq UTP Nasdaq Stock Market. For purposes of Nasdaq included statements concerning Plan, the national market system plan the national market system, such governing securities designated by the the purpose of and basis for the 6 securities shall continue to trade under proposed rule change. The text of these Nasdaq Stock Market. At this time, their current one, two, or three-character statements may be examined at the Nasdaq believes that subjecting a single ticker symbol. Nasdaq shall continue to places specified in Item IV below. security to two national market system send all quotations and transaction Nasdaq has prepared summaries, set plans would potentially cause confusion to public investors and market reports in such securities to the forth in sections A, B, and C below, of participants that are unaccustomed to processor for the CTA Plan. In addition, the most significant aspects of such dual listings among the nation’s major dually listed issues that are currently statements. equity markets. eligible for trading via the Intermarket A. Self-Regulatory Organization’s Based upon this interpretation, Trading System (‘‘ITS’’) shall remain so Statement of the Purpose of, and Nasdaq will regard dually listed and continue to trade on the Nasdaq Statutory Basis for, the Proposed Rule securities as CQS securities rather than Intermarket trading platform as they do Change as Nasdaq listed securities for quoting, today. trading, and transaction reporting Through this interpretation, Nasdaq 1. Purpose purposes. As a result, dually listed also resolves any potential conflicts that The recent repeal of NYSE Rule 500 securities shall continue to be traded arise under NASD rules as a result of a removed a significant barrier to under their current one, two, or three- single security being both a CQS competition that inhibited NYSE-listed character ticker symbol, rather than security, which is subject to one set of companies from listing on other trading under a four-character symbol as rules, and a listed NNM security, which markets.5 In light of that repeal, Nasdaq do exclusively listed NNM securities. In is subject to a different set of rules. has determined to permit the dual addition, Nasdaq will continue to send Specifically, dually listed securities listing of NYSE-listed securities on all quotation and transaction reports for shall be Nasdaq securities for purposes Nasdaq. Consistent with section consolidation and dissemination to the of rules related to listing and delisting, 11A(a)(1)(C)(ii) of the Exchange Act, Securities Industry Automation and shall remain as CQS securities Nasdaq believes this action will Corporation, the securities information under all other NASD rules. Treating promote fair competition between processor for the CQ and CT Plans, dually listed securities as CQS securities exchange markets and markets other rather than sending them to Nasdaq, the under NASD rules is consistent with than exchange markets, and by processor for the Nasdaq UTP Plan. their continuing status as CQS securities furthering the development of the Dually listed issues will continue to under the CTA, CQ, and ITS national national market system. Dual listing will trade over the Intermarket Trading System (‘‘ITS’’) and on the Nasdaq market system, as described above. This allow companies to demonstrate to their Intermarket trading platform as CQS interpretation also preserves the status shareholders and to investors that they meet Nasdaq’s governance securities as they do today.7 quo and avoids creating potential Nasdaq is also resolving potential confusion for investors and market requirements. In addition, dual listing on Nasdaq with its competitive market conflicts that may arise under NASD participants that currently trade these rules as a result of a single security securities on the Nasdaq InterMarket. maker system should benefit investors and shareholders by increasing being both a CQS security, which is For example, Nasdaq shall continue liquidity, reducing execution time, and subject to one set of rules, and a listed to honor the trade halt authority of the narrowing spreads. The comparison NNM security, which is subject to a primary market under the CQ and CT between executions on Nasdaq and on different set of rules. Specifically, while Plans. NASD Rule 4120(a)(2) and (3) the NYSE should also enable listed dually listed securities will be Nasdaq governing CQS securities shall apply to companies to assess the benefits of a securities for purposes of rules related dually listed securities, whereas NASD Nasdaq listing. to listing and delisting, they will remain Rule 4120(a)(1), (4), (5), (6), and (7) The proposed interpretation of NASD as CQS securities under all other NASD shall not. SEC Rule 10a–1 governing Rule 4400 is designed to facilitate the rules. Regarding dually listed securities short sales of CQS securities shall transition to dual listing on NYSE and as CQS securities under NASD rules is continue to apply to dually listed Nasdaq, and to minimize the potential consistent with their continuing status securities, rather than NASD Rule 3350 for confusion among investors, as CQS securities under the CT, CQ, and governing short sales of Nasdaq listed shareholders, and market participants that trade these securities. Specifically, 6 Nasdaq’s interpretation resolves all potential securities. Market makers in dually ambiguity in its rules to avoid a conflict between listed securities shall retain all Nasdaq will exercise its discretion to national market system plans. For example, obligations imposed by the NASD Rule refrain from designating or registering Nasdaq’s interpretation is consistent with NASD 5200, 6300, and 6400 Series regarding such securities as Nasdaq national Rule 4440(a)(5)(C), which pertains to designation or market system securities and thereby registration of a CQS national market system quoting, trading, and transaction security as a Nasdaq national market system reporting of CQS securities rather than subjecting them to coverage under the security. assuming the obligations appurtenant to Nasdaq UTP Plan. As a result, these 7 The current trading platform for CQS securities quoting, trading, and transaction securities, which are already designated is the Computer Assisted Execution System or as national market system securities ‘‘CAES’’. Nasdaq has filed SR–NASD–2003–149 to reporting of Nasdaq listed securities. propose to implement the Nasdaq’s SuperMontage The fees applicable to CQS securities set under the Consolidated Quotation as the trading platform for the InterMarket. As the forth in NASD Rule 7010 shall continue trading platform for the InterMarket, SuperMontage to apply to dually listed issues. 5 See Securities Exchange Act Release No. 48720 will continue to process quotation, trading, and (October 30, 2003), 68 FR 62645 (November 5, 2003) transaction reporting for CQS securities in * * * * * (SR–NYSE–2003–23) (approval order). compliance with the CQ/CT and ITS Plans.

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ITS national market system, as of investors, the maintenance of fair and comments more efficiently, comments described above. This interpretation orderly markets and fair competition should be sent in hardcopy or by e-mail also preserves the status quo and avoids among brokers and dealers, among but not by both methods. Copies of the creating potential confusion for exchange markets, and between submission, all subsequent investors and market participants that exchange markets and markets other amendments, all written statements currently trade these securities on the than exchange markets. with respect to the proposed rule Nasdaq InterMarket. change that are filed with the Dually listed securities will be B. Self-Regulatory Organization’s Commission, and all written regarded as CQS securities in all cases Statement on Burden on Competition communications relating to the where NASD rules governing quotation, Nasdaq does not believe that the proposed rule change between the trading, and transaction reporting refer proposed rule change will result in any Commission and any person, other than to CQS securities or Nasdaq listed burden on competition that is not those that may be withheld from the securities or both. For example, Nasdaq necessary or appropriate in furtherance public in accordance with the will not exercise its authority under of the purposes of the Act, as amended. provisions of 5 U.S.C. 552, will be NASD Rule 4120(a)(1), (4), (5), and (6) To the contrary, Nasdaq believes the available for inspection and copying in to halt trading in Nasdaq listed proposed interpretation is designed to the Commission’s Public Reference securities but will instead defer to the facilitate competition for listing and Room. Copies of such filing will also be trade halt authority of the primary multiple listings. available for inspection and copying at market under the CQ and CT Plans and the principal office of the NASD. All C. Self-Regulatory Organization’s apply NASD Rule 4120(a)(2) and (3) submissions should refer to file number governing CQS securities. Rule 10a–1 Statement on Comments on the SR–NASD–2004–029 and should be under the Act 8 governing short sales of Proposed Rule Change Received From submitted by March 15, 2004. Members, Participants, or Others CQS securities shall continue to apply For the Commission, by the Division of to dually listed securities, rather than Nasdaq neither solicited nor received Market Regulation, pursuant to delegated NASD Rule 3350 governing short sales written comments with respect to the authority.13 of Nasdaq listed securities. Market proposed rule change. Margaret H. McFarland, makers in dually listed securities will III. Date of Effectiveness of the Deputy Secretary. retain all obligations imposed by the Proposed Rule Change and Timing for [FR Doc. 04–3775 Filed 2–20–04; 8:45 am] NASD Rule 5200, 6300, and 6400 Series Commission Action BILLING CODE 8010–01–P regarding quoting, trading, and transaction reporting of CQS securities The foregoing proposal has become rather than assuming the obligations effective pursuant to section SECURITIES AND EXCHANGE 11 appurtenant to quoting, trading, and 19(b)(3)(A)(i) of the Act, and Rule COMMISSION transaction reporting of Nasdaq listed 19b–4(f)(1) 12 thereunder, in that it securities. The fees applicable to trading constitutes a stated policy and [Release No. 34–49246; File No. SR–NASD– 2003–183] of CQS securities, set forth in NASD interpretation with respect to the meaning of an existing rule. Rule 7010, will continue to apply to Self-Regulatory Organizations; Order At any time within 60 days of the dually listed issues. Granting Approval of Proposed Rule filing of the proposed rule change, the Change by the National Association of 2. Statutory Basis Commission may summarily abrogate Securities Dealers, Inc. Relating to Nasdaq believes that the proposed such rule change if it appears to the Proposed Amendments to Rule 1120 interpretation is consistent with the Commission that such action is Regarding Regulatory Element Contact provisions of section 15A(b)(6) of the necessary or appropriate in the public Person Act 9 in that treating dually listed interest, for the protection of investors, securities as CQS securities is or otherwise in furtherance of the February 13, 2004. specifically designed to foster purposes of the Act. cooperation and coordination with I. Introduction IV. Solicitation of Comments persons engaged in regulating, clearing, On December 9, 2003, the National settling, processing information with Interested persons are invited to Association of Securities Dealers, Inc. respect to, and facilitating transactions submit written data, views, and (‘‘NASD’’ or ‘‘Association’’) filed with in securities, to remove impediments to arguments concerning the foregoing, the Securities and Exchange and perfect the mechanism of a free and including whether the proposed rule Commission (‘‘Commission’’), pursuant open market and a national market change is consistent with the Act. to section 19(b)(1) of the Securities system, and to protect investors and the Persons making written submissions Exchange Act of 1934 (‘‘Act’’)1 and Rule public interest. Nasdaq also believes the should file six copies thereof with the 19b–4 thereunder,2 a proposed rule interpretation is also consistent with the Secretary, Securities and Exchange change to amend NASD Rule 1120 to provisions of section 15A(b)(6) of the Commission, 450 Fifth Street, NW., require that each member designate and Act 10 in that it is designed to produce Washington, DC 20549–0609. identify to NASD the individual(s) who fair and informative quotations and to Comments may also be submitted will receive Web Central Registration promote orderly procedures for electronically at the following e-mail Depository (‘‘CRD’’) continuing collecting, distributing, and publishing address: [email protected]. All education (‘‘CE’’) Regulatory Element e- quotations. comment letters should refer to File No. mails. The proposed rule change further Finally, Nasdaq believes the proposed SR–NASD–2004–029. This file number required that each member quarterly interpretation also supports the goals of should be included on the subject line review and update the CE contact section 11A, particularly the protection if e-mail is used. To help the person(s) information. The proposed Commission process and review 8 17 CFR 240.10a–1. 13 17 CFR 200.30–3(a)(12). 9 15 U.S.C. 78o–3(b)(6). 11 15 U.S.C. 78s(b)(3)(A)(i). 1 15 U.S.C. 78s(b)(1). 10 15 U.S.C. 78o–3(b)(11). 12 17 CFR 240.19b–4(f)(1). 2 17 CFR 240.19b–4.

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rule change was published for comment changes to the information. The NASD receiving reminders of the requirement in the Federal Register on December 31, intends to collect the contact to quarterly update the CE contact 2003.3 The Commission received one information through the NASD Contact person(s) information, and that such comment letter on the proposed rule System 6 on the NASD Web site. reminders would serve to simplify and change.4 The NASD submitted a letter To ensure the accuracy of the CE assist members’ compliance with the in response to the Wellfleet Letter on contact information, the proposed rule rule change. In this regard, the NASD February 12, 2004.5 This order approves change also would require that each stated, in the purpose section of the the proposed rule change, as originally member review and, if necessary, proposed rule change, that the NASD is update its CE contact person proposed. examining different methods of information within 17 business days notifying members of their quarterly II. Description of the Proposed Rule after the end of each calendar quarter.7 Change The NASD is examining different review and update requirement. The NASD methods under consideration NASD Rule 1120 sets forth the CE methods of reminding members of the requirements for registered persons. One obligation to quarterly review and include reminders that are tied to the of the two CE components is the update contact person information, act of filing quarterly FOCUS reports in Regulatory Element, a computer-based including the possibility of a web page the form of a link to the NASD Contact education program administered by the linked to the act of filing the FOCUS System where the CE contact person NASD to help ensure that registered report that would prompt members to information will be collected, pop-up persons are kept up-to-date on update the contact person and/or screen reminder messages, and periodic regulatory, compliance, and sales through e-mail reminders to the reminders through NASD’s e-mail practice matters in the industry. Each designated CE contact person.8 broadcasts distributed to members’ registered person is required to III. Comment Summary Executive Representatives. complete the Regulatory Element IV. Discussion initially within 120 days after the The Commission received one person’s second registration anniversary comment letter on the proposed rule 9 After careful consideration of the date and, thereafter, within 120 days change. The commenter stated that either the NASD or the SEC should proposal, the Wellfleet Letter, and the after every third registration anniversary NASD’s response to the comment letter, date. A registered person who becomes provide an NASD member firm with a notification 30 days before any rule the Commission finds that the proposed inactive for failing to complete the rule change is consistent with the required Regulatory Element program requiring action by the firm. The commenter further noted that the requirements of the Act and the rules (‘‘CE inactive’’) is prohibited from and regulations thereunder applicable to performing, or being compensated for, current e-mail system can facilitate such notifications and that NASD member a national securities association,12 and, any activities requiring registration, firms are currently provided with e-mail in particular, with the requirements of including supervision. Members are notifications, in certain instances.10 13 required under NASD Rule 1120 to section 15A of the Act. Specifically, Additionally, the commenter believed restrict CE inactive persons from the Commission finds that the proposal that notification reminders would 14 performing the prohibited activities. is consistent with section 15A(b)(6) of simplify compliance with the rule.11 To help firms keep track of their the Act in that the proposal is designed In its response letter, the NASD to prevent fraudulent and manipulative registered persons’ Regulatory Element agreed that members would benefit from status, NASD provides members with e- acts and practices, to promote just and equitable principles of trade, and, in mail notifications through Web CRD 6 Effective as of December 8, 2003, the NASD when a person is both 90 days and 30 Contact System replaced the Member Firm Contact general, to protect investors and the days away from the end of his or her Questionnaire, the previous system used for public interest. members to update and maintain certain required period to complete the Regulatory contact information. The Commission believes the NASD Element program before becoming 7 This proposed schedule is consistent with a has adequately addressed the comment inactive. CRD also notifies members member’s quarterly FOCUS reporting schedule, as letter, and that the proposed rule change when a registered person at the firm well as with the proposed rule change regarding should help NASD firms avoid an becomes CE inactive. Currently, receipt members’ business continuity plans. See Securities Exchange Act Release No. 46444 (August 30, 2002), NASD Rule 1120(a) violation by of the e-mail notifications is optional, 67 FR 57257 (September 9, 2002) (File No. SR– providing sufficient notice to enable and some firms have elected not to NASD–2002–108); Securities Exchange Act Release firms to ensure that their registered receive the notifications. The proposed No. 47441 (March 4, 2003), 68 FR 11432 (March 10, 2003) (Notice of Filing of Amendment Nos. 1, 2, persons complete the required rule change would require each member and 3 of File No. SR–NASD–2002–108); Securities Regulatory Element training or are to designate a contact person or persons Exchange Act Release No. 48503 (September 17, to receive such CRD Regulatory Element 2003), 68 FR 55686 (September 26, 2003) (Notice of prevented from conducting business if e-mail notifications. The member would Filing of Amendment Nos. 4 and 5 of File No. SR– they become CE inactive. Further, the NASD–2002–108). The Commission notes that this Commission believes that the proposed be required to provide to the NASD the filing is pending at the Commission, and would name and e-mail address of the require members to review and update emergency rule change may assist the NASD in its designated contact person(s) and to contact information within 17 business days after efforts to further automate various the end of each calendar quarter. Similarly, the aspects of its examination program with promptly notify the NASD of any proposed schedule is consistent with a proposed rule change filed with the Commission regarding a goal of removing a substantial portion 3 See Securities Exchange Act Release No. 48986 the review and update of a member’s Executive of CE compliance inspections from on- (December 23, 2003), 68 FR 75682. Representative designation and contact information. site firm examinations. 4 See letter from Michael S. Zarin, Wellfleet See SR–NASD–2003–184. Investments LLC, to Jonathan G. Katz, Secretary, 8 Similarly, NASD would prompt members to Commission, dated January 8, 2004 (‘‘Wellfleet review and update, where necessary, their 12 In approving this proposed rule change, the Letter’’). emergency contact and Executive Representative Commission notes that it has considered the 5 See letter from Grace Yeh, Assistant General information. See supra note 7. proposed rule’s impact on efficiency, competition, Counsel, NASD, to Katherine A. England, Assistant 9 See supra note 4. and capital formation. 15 U.S.C. 78c(f). Director, Division, Commission, dated February 11, 10 Id. 13 15 U.S.C. 78o–3. 2004. 11 Id. 14 15 U.S.C. 78o–3(b)(6).

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V. Conclusion publishing this notice to solicit A. Self-Regulatory Organizations’ It is therefore ordered, pursuant to comments on the proposed rule Statements of the Purpose of, and section 19(b)(2) of the Act,15 that the changes, as amended, from interested Statutory Basis for, the Proposed Rule proposed rule change (SR–NASD–2003– persons. Changes 183) be approved. I. Self-Regulatory Organizations’ 1. NYSE’s Purpose For the Commission, by the Division of Statements of the Terms of Substance of Exchange Rule 344 requires, in part, Market Regulation, pursuant to delegated the Proposed Rule Changes that research analysts must be registered authority.16 The Exchange hereby submits the with, qualified by, and approved by the Margaret H. McFarland, Study Outline and Examination Exchange. Deputy Secretary. Specifications for the Research Analyst Background [FR Doc. 04–3778 Filed 2–20–04; 8:45 am] Qualification Examination (‘‘Series 86 BILLING CODE 8010–01–P and 87’’).7 The Exchange seeks approval On July 29, 2003, the SEC approved of the Study Outline and Examination amendments to Exchange Rules: 472 Specifications. (‘‘Communications with the Public’’), SECURITIES AND EXCHANGE NASD is filing with the SEC the 351 (‘‘Reporting Requirements’’), 344 COMMISSION selection specifications and study (‘‘Research Analysts and Supervisory outline for the Research Analyst Analysts’’ (formerly titled ‘‘Supervisory [Release No. 34–49253; File Nos. SR–NYSE– Analysts’’)), and 345A (‘‘Continuing 2003–41; SR–NASD–2004–17] Qualification Examination program.8 The Series 86/87 examination program Education for Registered Persons’’) Self-Regulatory Organizations; Notice (collectively referred to as the ‘‘Research is proposed in connection with NASD 11 of Filing and Immediate Effectiveness Rule 1050, which requires all persons Analysts’’ Conflicts Rules’’). The amendments included, among of Proposed Rule Change and associated with a member who function other things, a new registration category Amendments Nos. 1 and 2 Thereto by as research analysts to register with and qualification examination for the New York Stock Exchange, Inc. and NASD and to pass a qualification Notice of Filing and Immediate research analysts. The amendments also examination for research analysts impose requirements regarding Effectiveness of Proposed Rule specified by NASD. NASD is not Change by the National Association of continuing education for this new proposing any textual changes to the By- registration category consisting of a Securities Dealers, Inc. Relating to Laws, Schedules to the By-Laws, or Research Analyst Qualification Regulatory Element and Firm Element Rules of NASD. to address applicable rules and Examination (Series 86/87) A description of the Series 86/87 regulations, ethics, and professional examination is included in the Study February 13, 2004. responsibility. Outline.9 Additional information on the Pursuant to section 19(b)(1) of the According to NYSE, the recent examination is included in the Series Securities Exchange Act of 1934 amendments were part of a continuous 86/87 selection specifications, which (‘‘Exchange Act’’ or ‘‘Act’’) 1 and Rule and ongoing joint regulatory effort NASD has omitted from this filing and 19b–4 thereunder,2 notice is hereby among the NYSE, NASD, and the SEC has submitted under separate cover with given that on December 3, 2003, the to address potential conflicts of interest a request for confidential treatment to New York Stock Exchange, Inc. relating to research analysts. This joint the Commission’s Secretary pursuant to (‘‘NYSE’’ or the ‘‘Exchange’’), and on regulatory effort has already resulted in Rule 24b–2 under the Act.10 January 29, 2004, the National SEC approval of major self-regulatory Association of Securities Dealers, Inc. II. Self-Regulatory Organizations’ organization (‘‘SRO’’) rule changes in 12 13 (‘‘NASD’’), filed with the Securities and Statements of the Purpose of, and May 2002 and July 2003. Exchange Commission (‘‘SEC’’ or the Statutory Basis for, the Proposed Rule According to NYSE, the Research ‘‘Commission’’) proposed rule changes Changes Analyst Qualification Examination represents another phase of the SRO as described in Items I, II, and III below, In their filings with the Commission, which Items have been prepared by the regulatory effort to safeguard the NASD and the NYSE included investing public from potential conflicts respective self-regulatory organizations statements concerning the purpose of (‘‘SROs’’). On December 22, 2003, NYSE of interest relating to research analysts. and basis for the proposed rule changes. As noted above the Research Analysts’ filed amendment No. 1 to the proposed The text of these statements may be Conflicts Rules were promulgated to rule change, and on January 29, 2004, examined at the places specified in Item mitigate and/or eliminate potential NYSE filed Amendment No. 2 to the IV below. NASD and the NYSE have conflicts of interest, and also to require proposed rule change.3 prepared summaries, set forth in disclosure in research reports and The SROs filed the proposals Sections A, B, and C below. pursuant to section 19(b)(3)(A) 4 of the during public appearances by research Act and paragraph (f)(6) of Rule 19b–4 analysts of other potential conflicts of 7 thereunder,5 which renders the The Commission has not published the Study interest. Outline. Interested persons may view the Study NYSE believes that a new proposals effective upon filing with the Outline at the places specified in Item IV below. qualification examination, in Commission.6 The Commission is 8 According to NASD, based upon instruction from the Commission staff, NASD is submitting SR– conjunction with new rules, will benefit the investing public by helping to 15 15 U.S.C. 78s(b)(2). NASD–2004–17 for immediate effectiveness pursuant to Section 19(b)(3)(A) of the Act and Rule 16 17 CFR 200.30–3(a)(12). ensure that research analysts are 19b–4(f)(6) thereunder, and is not filing the 1 competent to perform their jobs and are 15 U.S.C. 78s(b)(1). question bank for Commission review. See Letter 2 17 CFR 240.19b–4. from Belinda Blaine, Associate Director, Division of knowledgeable about the new regulatory 3 Amendment No. 2 replaces SR–NYSE–2003–41 Market Regulation, SEC, to Alden S. Adkins, Senior and Amendment No. 1 thereto in its entirety. Vice President and General Counsel, NASD 11 See Securities Exchange Act Release No. 48252 4 15 U.S.C. 78s(b)(3)(A). Regulation (July 24, 2000). The question bank is (July 29, 2003), 68 FR 4575 (August 4, 2003). 5 517 CFR 240.19b–4 (f)(6). available for Commission review. 12 See Securities Exchange Act Release No. 45908 6 For SR–NYSE–2003–41, the effective date is the 9 See note 7 supra. (May 10, 2002), 67 FR 34969 (May 16, 2002). date of the filing of Amendment No. 2. 10 17 CFR 240.24b–2. 13 See note 11 supra.

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requirements affecting them. Given the taking Part 1 (Series 86) of the specified levels of competence and scope and magnitude of these examination.14 knowledge. requirements, the SROs have developed Study Outline for Series 86/87 3. NASD’s Purpose an examination, discussed in more Examination detail below, with a part designed NASD Rule 1050 requires all persons specifically to address the new The Study Outline for the associated with a member who function requirements. examination, details the scope of the as research analysts to register with Series 86 and 87 examinations. NASD and to pass a qualification The Research Analyst Qualification According to NYSE, a fee, to be examination for research analysts Examination is a five-and-a-half hour determined at a later date, will be specified by NASD.17 Rule 1050 defines examination, consisting of 150 imposed per exam administration, and ‘‘research analyst’’ as an associated questions. The exam is divided into two this fee will be the subject of a separate person who is primarily responsible for parts. Part I, the Series 86, consists of filing. Implementation of the the preparation of the substance of a 100 questions, which address examination is scheduled to take place research report or whose name appears fundamental security analysis and not later than March 30, 2004. Research on a research report. NASD intends for valuation of equity securities. analysts, as defined in Exchange Rule the term ‘‘research report’’ in Rule 1050 Candidates will be allotted 240-minutes 344.10, must be registered with and to be defined as it is in Rule 2711(a)(8), to complete Part I. Part II, the Series 87, qualified and approved by the Exchange which applies only to equity securities. consists of 50 questions, which within 365 days of the implementation Accordingly, fixed income analysts do primarily address pertinent SRO and date. In addition, persons currently not need to be registered as research SEC rules and regulations, including the performing the function of a research analysts. recent Research Analysts’ Conflict analyst shall have one year from the Pursuant to section 15A(g)(3) of the Rules. Candidates will be allotted 90 implementation date of March 30, 2004 Act,18 NASD is required to prescribe minutes to complete Part II. to be qualified and approved by the standards of training, experience, and Exchange. In light of the March 30, 2004 competence for persons associated with The requirement to take and pass the implementation date, the Exchange will proposed Series 86/87 examination NASD members. According to NASD, publish the Study Outline expeditiously the proposed Series 86/87 examination applies to all prospective and current in order to provide prospective research analysts, as the term is defined program has been developed to ensure candidates time to prepare for and that persons associated with NASD in Exchange Rule 344.10. Exchange Rule complete the examination within the members who are seeking to register 344.10 provides that the term ‘‘research prescribed time frames. According to with NASD as research analysts have analyst’’ includes a member, allied NYSE, in no event will the examination attained specified levels of competence member, or employee who is primarily requirement be implemented until 30 and knowledge. responsible for the preparation of the days after the Study Outline is The proposed Series 86/87 substance of a research report and/or published by the NYSE. examination program will partially whose name appears on such report. As Due to the confidential nature of the qualify 19 an associated person of a noted above, Exchange Rule 344 material, the specifications for the member to function as a research requires that such analysts must pass a examination have been omitted and will analyst. The program consists of two qualification examination acceptable to be filed separately with the Commission parts (Series 86 and Series 87) that the Exchange. pursuant to 17 CFR 200.83(c). collectively test the knowledge, skills, The NYSE intends for the Series 86/ 2. NYSE’s Statutory Basis and abilities associated with critical job 87 examination to have a pre-requisite. The statutory basis for this proposed functions of a research analyst, Each candidate would have to pass the rule change is section 6(c)(3)(B) of the including a candidate’s knowledge of General Securities Registered Exchange Act.15 Under that Section, it is applicable federal and industry rules Representative Examination (Series 7) the Exchange’s responsibility to and regulations. prior to taking either Part I or Part II of prescribe standards of training, According to NASD, the Series 86/87 the examination. experience and competence for persons examination (the selection The NYSE also intends to allow a associated with Exchange members and specifications, study outline, and research analyst candidate that has member organizations. question bank) program was developed by NASD and NYSE staff in passed both Level I and Level II of the In addition, under section 6(c)(3)(B) of consultation with a committee of Chartered Financial Analysts (‘‘CFA’’) the Exchange Act,16 the Exchange may industry representatives. Examination to request an exemption bar a natural person from becoming a The Series 86/87 examination will be from Part I (Series 86) of the Research member or person associated with a a 51⁄2-hour, 150 multiple-choice Analyst Qualification Examination. member, if such natural person does not question examination. Since multiple Candidates will be registered and meet such standards of training, experience and competence as forms of the examination will be qualified as Research Analysts after administered, the passing score will passing the Series 86 and Series 87 prescribed by the rules of the Exchange. Pursuant to this statutory obligation, the fluctuate moderately from examination examinations (or the Series 87 only, if to examination. Candidates are allotted the candidate is exempt from Part I, the Exchange has developed an examination that will be administered to establish Series 86 examination). 17 that Research Analysts have attained See note 11 supra. In a separate filing, the Exchange will 18 15 U.S.C. 78o–3(g)(3). 19 Each candidate also would have to pass the propose amendments to NYSE Rule 344 14 On January 30, 2004, NYSE filed an General Securities Representative (Series 7), the to require the Series 7, 17, 37 or 38 amendment to establish certain requirements for, Limited Registered Representative (Series 17), or Examinations as a pre-requisite to the prerequisites to, and exemptions from, taking the the Canada Modules of the Series 7 (Series 37 or Series 86/87 examination and also to Research Analyst Qualification Examination. See Series 38) examinations before taking the Series 86/ SR–NYSE–2004–03. accept the CFA Level I and II 87 examination. NASD filed a separate proposed 15 15 U.S.C. 78f(c)(3)(B). rule change regarding the prerequisite requirement. accreditations as an exemption from 16 Id. See SR–NASD–2004–20 (February 3, 2004).

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4 hours to complete the first part (Series pursuant to section 19(b)(3)(A) 24 of the public in accordance with the 86) and 11⁄2 hours to complete the Act and paragraph (f)(6) of Rule 19b–425 provisions of 5 U.S.C. 552, will be second part (Series 87). thereunder, in that the proposed rule available for inspection and copying in The Series 86 is the ‘‘Analysis’’ changes (1) do not significantly affect the Commission’s Public Reference portion of the examination and consists the protection of investors or the public Room. Copies of such filings will also be of 100 multiple-choice questions interest; (2) do not impose any available for inspection and copying at covering the critical job functions of significant burden on competition; and the principal offices of the NASD and ‘‘Information and Data Collection’’ (10 (3) by their terms, do not become NYSE. All submissions should refer to questions) and ‘‘Analysis, Modeling, operative for 30 days after the date of the file numbers File Nos. SR–NYSE– and Valuation’’ (90 questions). The filing.26 At any time within 60 days of 2003–41; SR–NASD–2004–17 and second part, the Series 87, is the this filing, the Commission may should be submitted by March 15, 2004. ‘‘Regulatory Administration and Best summarily abrogate this proposal if it For the Commission, by the Division of Practices’’ portion of the examination appears to the Commission that such Market Regulation, pursuant to delegated and consists of 50 multiple-choice action is necessary or appropriate in the authority.29 questions covering the critical job public interest, for the protection of Margaret H. McFarland, functions of ‘‘Preparation of Research investors, or otherwise in furtherance of Deputy Secretary. Reports’’ (32 questions) and 27 the purposes of the Act. [FR Doc. 04–3779 Filed 2–20–04; 8:45 am] ‘‘Dissemination of Information’’ (18 The SROs requested that the questions). This portion of the Commission waive the five-day pre- BILLING CODE 8010–01–P examination focuses on rules and filing notice requirement. The regulations applicable to the work of a Commission finds good cause to research analyst. designate the proposals effective upon SMALL BUSINESS ADMINISTRATION The selection specifications for the filing with the Commission 28 because Series 86/87 examination, which NASD Reporting and Recordkeeping such designation is consistent with the Requirements Under OMB Review has omitted from this filing and has protection of investors and the public submitted under separate cover with a interest. AGENCY: Small Business Administration. request for confidential treatment to the ACTION: Notice of reporting requirements Commission’s Secretary pursuant to IV. Solicitation of Comments submitted for OMB review. Rule 24b–2 under the Act,20 describe Interested persons are invited to additional confidential information submit written data, views, and SUMMARY: Under the provisions of the regarding the examination. arguments concerning the foregoing, Paperwork Reduction Act (44 U.S.C. 4. NASD’s Statutory Basis including whether the proposed rule Chapter 35), agencies are required to changes, as amended, are consistent submit proposed reporting and NASD believes that the proposed with the Act. Persons making written recordkeeping requirements to OMB for Series 86/87 examination program is submissions should file six copies review and approval, and to publish a consistent with the provisions of notice in the Federal Register notifying 21 thereof with the Secretary, Securities sections 15A(b)(6) and 15A(g)(3) of the the public that the agency has made 22 and Exchange Commission, 450 Fifth Act, which authorize NASD to Street, NW., Washington, DC 20549– such a submission. prescribe standards of training, 0609. Comments may also be submitted DATES: Submit comments on or before experience, and competence for persons electronically at the following email March 24, 2004. If you intend to associated with NASD members. address: [email protected]. All comment but cannot prepare comments B. Self-Regulatory Organizations’ comment letters should refer to File promptly, please advise the OMB Statements on Burden on Competition Nos. SR–NYSE–2003–41; SR–NASD– Reviewer and the Agency Clearance NASD and NYSE do not believe that 2004–17. These file numbers should be Officer before the deadline. the proposed rule changes, as amended, included on the subject line if email is COPIES: Request for clearance (OMB 83– will result in any burden on used. To help the Commission process 1), supporting statement, and other competition that is not necessary or and review your comments more documents submitted to OMB for appropriate in furtherance of the efficiently, comments should be sent in review may be obtained from the purposes of the Exchange Act, as hard copy or by email but not by both Agency Clearance Officer. amended. methods. ADDRESSES: Address all comments Copies of the submission, all concerning this notice to: Agency C. Self-Regulatory Organizations’ subsequent amendments, all written Clearance Officer, Jacqueline White, Statements on Comments on the statements with respect to the proposed Small Business Administration, 409 3rd Proposed Rule Changes Received From rule changes that are filed with the Street, SW., 5th Floor, Washington, DC Members, Participants or Others Commission, and all written 20416; and communications relating to the The NASD and NYSE have neither [email protected], fax proposed rule changes between the solicited nor received written comments number 202–395–7285 Office of Commission and any person, other than on the proposed rule changes. Information and Regulatory Affairs, those that may be withheld from the III. Date of Effectiveness of the Office of Management and Budget. FOR FURTHER INFORMATION CONTACT: Proposed Rule Changes and Timing for 24 15 U.S.C. 78s(b)(3)(A). Commission Action 25 17 CFR 240.19b–4 (f)(6). Jacqueline White, Agency Clearance The proposed rule changes, as 26 The NASD notes that the proposed rule change Officer, (202) 205–7044. amended, are effective upon filing 23 does not alter the effective dates of Rule 2711 (as SUPPLEMENTARY INFORMATION: Title: amended by this proposed rule change) that the Disaster Survey Worksheet. Commission approved on May 10, 2002. 20 17 CFR 240.24b–2. 27 For SR–NYSE–2003–41, the 60-day period No.: 987. 21 15 U.S.C. 78o–3(b)(6). would run from the date of filing of Amendment Frequency: On Occasion. 22 15 U.S.C. 78o–3(g)(3). No. 2. 23 See note 6 supra. 28 See note 6 supra. 29 17 CFR 200.30–3(a)(12).

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Description of Respondents: ACTION: Notice of renewal of exemption; dms.dot.gov at any time or to Room PL– Applicants who warrant Disaster request for comments. 401 on the plaza level of the Nassif Declaration. Building, 400 Seventh Street, SW., SUMMARY: Responses: 40. This notice publishes the Washington, DC, between 9 a.m. and 5 Annual Burden: 249. FMCSA decision to renew the p.m., Monday through Friday, except exemptions from the vision requirement Federal holidays. Jacqueline White, in the Federal Motor Carrier Safety Chief, Administrative Information Branch. Regulations for 16 individuals. The FOR FURTHER INFORMATION CONTACT: Ms. [FR Doc. 04–3791 Filed 2–20–04; 8:45 am] FMCSA has statutory authority to Sandra Zywokarte, Office of Bus and BILLING CODE 8025–01–M exempt individuals from vision Truck Standards and Operations, (202) standards if the exemptions granted will 366–2987, FMCSA, Department of not compromise safety. The agency has Transportation, 400 Seventh Street, SMALL BUSINESS ADMINISTRATION concluded that granting these SW., Washington, DC 20590–0001. [Declaration of Disaster #3564] exemptions will provide a level of safety Office hours are from 7:45 a.m. to 4:15 that will be equivalent to, or greater p.m., e.t., Monday through Friday, State of Ohio (Amendment #2) than, the level of safety maintained except Federal holidays. without the exemptions for these In accordance with a notice received SUPPLEMENTARY INFORMATION: Public from the Department of Homeland commercial motor vehicle (CMV) drivers. Participation: The DMS is available 24 Security—Federal Emergency hours each day, 365 days each year. You DATES: This decision is effective March Management Agency, effective February can get electronic submission and 13, 2004, the above numbered 7, 2004. Comments from interested retrieval help guidelines under the declaration is hereby amended to persons should be submitted by March ‘‘help’’ section of the DMS Web site. If include Belmont County as a disaster 24, 2004. you want us to notify you that we area due to damages caused by severe ADDRESSES: You may submit comments storms, flooding, mudslides, and received your comments, please include identified by DOT DMS docket numbers a self-addressed, stamped envelope or landslides occurring on January 3, 2004, FMCSA–99–5578, FMCSA–99–5748, postcard or print the acknowledgement and continuing through January 30, FMCSA–99–6156, and FMCSA–2000– page that appears after submitting 2004. 7918 by any of the following methods: comments on-line. In addition, applications for economic • Web site: http://dms.dot.gov. injury loans from small businesses Follow the instructions for submitting Privacy Act: Anyone is able to search located in the contiguous county of comments on the DOT electronic docket the electronic form of all comments Marshall in the State of West Virginia site. received into any of our dockets by the may be filed until the specified date at • Fax: 1–202–493–2251. name of the individual submitting the the previously designated location. All • Mail: Docket Management Facility; comment (or signing the comment, if other counties contiguous to the above U.S. Department of Transportation, 400 submitted on behalf of an association, named primary county have been Seventh Street, SW., Nassif Building, business, labor union, etc.). You may previously declared. Room PL–401, Washington, DC 20590– review the Department of All other information remains the 0001. Transportation’s complete Privacy Act same, i.e., the deadline for filing • Hand delivery: Room PL–401 on the Statement in the Federal Register applications for physical damage is plaza level of the Nassif Building, 400 published on April 11, 2000 (volume 65, March 26, 2004, and for economic Seventh Street, SW., Washington, DC, number 70, pages 19477–78), or you injury the deadline is October 26, 2004. between 9 a.m. and 5 p.m., Monday may visit http://dms.dot.gov. (Catalog of Federal Domestic Assistance through Friday, except Federal holidays. Program Nos. 59002 and 59008) • Federal eRulemaking portal: Go to Exemption Decision Dated: February 17, 2004. http://www.regulations.gov. Follow the on-line instructions for submitting Under 49 U.S.C. 31315 and 31136(e), S. George Camp, the FMCSA may renew an exemption Acting Associate Administrator for Disaster comments. Instructions: All submissions must from the vision requirement in 49 CFR Assistance. 391.41(b)(10), which applies to drivers [FR Doc. 04–3843 Filed 2–20–04; 8:45 am] include the agency name and docket numbers for this notice. For detailed of CMVs in interstate commerce, for a 2- BILLING CODE 8025–01–P instructions on submitting comments year period if it finds ‘‘such exemption and additional information on the would likely achieve a level of safety rulemaking process, see the Public that is equivalent to, or greater than, the DEPARTMENT OF TRANSPORTATION Participation heading of the level that would be achieved absent such exemption.’’ The procedures for Federal Motor Carrier Safety SUPPLEMENTARY INFORMATION section of requesting an exemption (including Administration this document. Note that all comments received will be posted without change renewals) are set out in 49 CFR part 381. [Docket Nos. FMCSA–99–5578, FMCSA–99– to http://dms.dot.gov, including any This notice addresses 16 individuals 5748, FMCSA–99–6156, FMCSA–2000–7918] personal information provided. Please who have requested renewal of their exemptions in a timely manner. The Qualification of Drivers; Exemption see the Privacy Act heading under FMCSA has evaluated these 16 Applications; Vision Regulatory Notices. Docket: For access to the docket to applications for renewal on their merits AGENCY: Federal Motor Carrier Safety read background documents or and decided to extend each exemption Administration (FMCSA), DOT. comments received, go to http:// for a renewable 2-year period. They are:

Herman L. Bailey, Jr...... Myles E. Lane, Sr...... George L. Silvia. Mark A. Baisden ...... Dennis J. Lessard ...... James D. Simon. Brad T. Braegger ...... Harry R. Littlejohn ...... Wayland O. Timberlake.

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Clifford H. Dovel ...... Craig W. Miller ...... Robert J. Townsley. Daniel R. Franks ...... Martin D. Ortiz ...... Jeffrey G. Wuensch. Victor B. Hawks ......

These exemptions are extended commerce. Therefore, the FMCSA Virginia Department of Rail and Public subject to the following conditions: (1) concludes that extending the exemption Transportation (VDRPT) intend to That each individual have a physical for each renewal applicant for a period prepare an Environmental Impact exam every year (a) by an of 2 years is likely to achieve a level of Statement (EIS) for Richmond to ophthalmologist or optometrist who safety equal to that existing without the Hampton Roads High Speed Rail attests that the vision in the better eye exemption. Corridor. The EIS will evaluate potential continues to meet the standard in 49 alternatives for higher-speed rail service CFR 391.41(b)(10), and (b) by a medical Comments in both the Richmond-Petersburg-South examiner who attests that the individual The FMCSA will review comments Hampton Roads Corridor and the is otherwise physically qualified under received at any time concerning a existing Amtrak corridor from 49 CFR 391.41; (2) that each individual particular driver’s safety record and Richmond to Williamsburg to Newport provide a copy of the ophthalmologist’s determine if the continuation of the News, providing rail connections to the or optometrist’s report to the medical exemption is consistent with the Southeast, Northeast and Mid-Atlantic examiner at the time of the annual requirements at 49 U.S.C. 31315 and regions as part of the Southeast High medical examination; and (3) that each 31136(e). However, the FMCSA requests Speed Rail (SEHSR) Corridor. individual provide a copy of the annual that interested parties with specific data DATES: Written comments on the scope medical certification to the employer for concerning the safety records of these of alternatives and impacts considered retention in the driver’s qualification drivers submit comments by March 24, should be sent to the Virginia file and retain a copy of the certification 2004. Department of Rail and Public on his/her person while driving for In the past the FMCSA has received Transportation by May 15, 2004, at the presentation to a duly authorized comments from Advocates for Highway address below. Federal, State, or local enforcement and Auto Safety (Advocates) expressing FOR FURTHER INFORMATION CONTACT: Mr. official. Each exemption will be valid continued opposition to the FMCSA’s Christopher Bonanti, Environmental for 2 years unless rescinded earlier by procedures for renewing exemptions Program Manager, Federal Railroad the FMCSA. The exemption will be from the vision requirement in 49 CFR Administration (FRA), 400 Seventh rescinded if: (1) The person fails to 391.41(b)(10). Specifically, Advocates Street, SW., MS 20, Washington, DC comply with the terms and conditions objects to the agency’s extension of the 20590, telephone (202) 493–6383; or Mr. of the exemption; (2) the exemption has exemptions without any opportunity for Alan Tobias, Manager of Passenger Rail resulted in a lower level of safety than public comment prior to the decision to Programs, Virginia Department of Rail was maintained before it was granted; or renew, and reliance on a summary and Public Transportation, P.O. Box (3) continuation of the exemption would statement of evidence to make its 590, Richmond, VA, 23218–0590, not be consistent with the goals and decision to extend the exemption of telephone (804) 786–1063. objectives of 49 U.S.C. 31315 and each driver. SUPPLEMENTARY INFORMATION: 31136(e). The issues raised by Advocates were The FRA, in cooperation with the VDRPT, will Basis for Renewing Exemptions addressed at length in 66 FR 17994 (April 4, 2001). The FMCSA continues prepare a Tier I Environmental Impact Under 49 U.S.C. 31315(b)(1), an to find its exemption process Statement (EIS) for the Richmond to exemption may be granted for no longer appropriate to the statutory and Hampton Roads High Speed Rail than 2 years from its approval date and regulatory requirements. Corridor. The project will evaluate may be renewed upon application for potential alternatives and potential additional 2-year periods. In accordance Issued on: February 17, 2004. environmental impacts for higher-speed with 49 U.S.C. 31315 and 31136(e), each Pamela M. Pelcovits, rail service within the project study of the 16 applicants has satisfied the Director, Policy, Plans, and Regulations. area. The project study area generally entry conditions for obtaining an [FR Doc. 04–3758 Filed 2–20–04; 8:45 am] follows the Richmond-Petersburg-South exemption from the vision requirements BILLING CODE 4910–EX–P Hampton Roads Corridor and the (64 FR 27027, 64 FR 51568, 66 FR existing Amtrak corridor from 63289, 67 FR 10475, 64 FR 40404, 64 FR Richmond to Williamsburg to Newport 66962, 64 FR 54948, 65 FR 159, 65 FR DEPARTMENT OF TRANSPORTATION News. This rail service would serve as 66286, 66 FR 13825). Each of these 16 an extension of the Southeast High applicants has requested timely renewal Federal Railroad Administration Speed Rail (SEHSR) Corridor, providing of the exemption and has submitted rail connections to the Southeast, Environmental Impact Statement: Rail evidence showing that the vision in the Northeast and Mid-Atlantic regions. Corridor—Richmond, VA to Hampton better eye continues to meet the Multiple service and alignment Roads (via Williamsburg to Newport standard specified at 49 CFR alternatives exist within the project News, VA and via Petersburg to 391.41(b)(10) and that the vision study area to connect the Hampton Norfolk, VA) impairment is stable. In addition, a Roads region to the Main Street Station review of each record of safety while AGENCY: Federal Railroad in Richmond, Virginia, which is the driving with the respective vision Administration (FRA), Department of study terminus for intercity rail service deficiencies over the past 2 years Transportation (DOT). connections to the Southeast, Northeast indicates each applicant continues to ACTION: Notice of intent to prepare an and Mid-Atlantic regions. FRA and the meet the vision exemption standards. environmental impact statement. VDRPT will address project issues and These factors provide an adequate basis alternatives in environmental for predicting each driver’s ability to SUMMARY: The FRA is issuing this notice documentation prepared as part of the continue to drive safely in interstate to advise the public that FRA and the Alternatives Analysis and Tier I EIS.

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This study will also address the greater requirements of each agency, and the to request approval for three years of a travel shed in which this corridor will scope and content of the environmental new information collection. operate. Issues regarding schedule, information that is germane to the DATES: Comments should be submitted operational and capacity constraints, agency’s statutory responsibilities in on or before April 23, 2004. and ridership will be examined. connection with the proposed FOR FURTHER INFORMATION CONTACT: The environmental process will have improvements. An agency scoping Kelly Farrell, Maritime Administration, four basic goals: (1) Establish the meeting has been scheduled for March 400 Seventh St., SW., Washington, DC purpose and need; (2) develop 9, 2004, 1 p.m., at the following 20590. Telephone: 202–366–9041, FAX: alternatives within the study corridor; location: VDRPT, Central Conference 202–366–7485; or E-Mail: (3) conduct a detailed evaluation of Room, 1313 East Main Street, Suite 300, [email protected]. Copies of environmental impacts for the Richmond, Virginia. this collection also can be obtained from alternatives; and (4) select a locally Letters describing the proposed action that office. preferred alternative (LPA). and soliciting comments will be sent to SUPPLEMENTARY INFORMATION: The EIS will evaluate the following appropriate Federal, State, and local Title of Collection: Elements of passenger rail alternatives: A no-build agencies in Virginia. An interactive Request for Course Approval. alternative, consisting of already public involvement/information planned improvements to the corridor, Type of Request: New collection. program will support the process. The OMB Control Number: 2133–New. and build alternatives, consisting of a program will involve newsletters, a full range of passenger rail alternatives. Form Numbers: None. telephone hotline and Web site, Expiration Date of Approval: Three The type, location, and need for informational workshops, small group ancillary facilities (e.g. railroad years from date of approval by the meetings, and other methods to solicit Office of Management and Budget. switching, signaling and maintenance and incorporate public input throughout buildings, etc.) will also be considered Summary of Collection of the planning process. The public Information: Under this proposed for each alternative. Scoping will be scoping process runs concurrent with accomplished through correspondence voluntary collection, public and private agency scoping and will commence maritime security training course with interested persons, organizations, with a public meeting in Richmond on and Federal, State and local agencies, providers may choose to provide the March 9, 2004. Additional public Maritime Administration (MARAD) and through public meetings. scoping meetings will be held in In accordance with the National with information concerning the content Petersburg on March 10, Chesapeake on Environmental Policy Act (NEPA), a and operation of their courses. MARAD March 11, and Williamsburg on March public scoping process will be initiated will use this information to evaluate 24. Notices for the public scoping to identify corridor needs and whether the course meets the training meetings will be sent to individuals in alternatives. The scoping process will standards and curriculum promulgated the planning and EIS study areas and provide the basis for the evaluation of under Section 109 of the Maritime will be posted on official Web sites, and alternatives as part of the planning Transportation Security Act of 2002 study, and the selection of a LPA and advertised in local communities. (MTSA) (Pub. L. 107–295). Courses implementation program. The planning Comments and questions concerning found to meet these standards will study will consider a variety of the proposed action should be directed receive a course approval. passenger rail options in the corridor to VDRPT or to the FRA at the addresses Need and Use of the Information: based on input received during the provided above. Additional information This information collection is needed to scoping process. In addition to prudent can be obtained by visiting the project facilitate the approval of maritime alternatives developed as part of this Web site at www.rich2hrrail.info or security training courses that meet the study and those identified in previous calling the project hotline 1–877– standards and curriculum developed planning exercises, feasible alternatives RICH2HR (742–4247). under the MTSA. suggested during the scoping process Issued in Washington, DC on February 17, Description of Respondents: will be considered. 2004. Respondents are public and private Scoping and Comments: Scoping Mark E. Yachmetz, maritime security course training activities are being initiated at the outset Associate Administrator for Railroad providers. of the planning studies, in advance of Development. Annual Responses: 300. the EIS, to maximize the opportunity for [FR Doc. 04–3757 Filed 2–20–04; 8:45 am] Annual Burden: 3,000 hours. public involvement in the consideration BILLING CODE 4910–06–P Comments: Comments should refer to of alternatives and in reaching decisions the docket number that appears at the about the transportation investments top of this document. Written comments that will be advanced into the EIS phase DEPARTMENT OF TRANSPORTATION may be submitted to the Docket Clerk, of project development. U.S. DOT Dockets, Room PL–401, 400 FRA and VDRPT encourage broad Maritime Administration Seventh Street, SW., Washington, DC participation in the planning studies 20590. Comments also may be and EIS process during scoping and [Docket No. MARAD 2004 17127] submitted by electronic means via the subsequent review of the resulting Information Collection Available for Internet at http://dms.dot.gov/submit. environmental documents. Comments Public Comments and Specifically address whether this and suggestions are invited from all Recommendations information collection is necessary for interested agencies and the public at proper performance of the functions of large to insure the full range of issues ACTION: Notice and request for the agency and will have practical related to the proposed action and all comments. utility, accuracy of the burden reasonable alternatives are addressed estimates, ways to minimize this and all significant issues are identified. SUMMARY: In accordance with the burden, and ways to enhance the Public agencies with jurisdiction are Paperwork Reduction Act of 1995, this quality, utility, and clarity of the requested to advise the FRA and VDRPT notice announces the Maritime information to be collected. All of the applicable environmental review Administration’s (MARAD’s) intentions comments received will be available for

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examination at the above address end and one of which is located near its addressing those matters and making between 10 a.m. and 5 p.m. EDT (or southeastern end. the exemption effective at that time, if EST), Monday through Friday, except After the proposed construction of appropriate, subject to any necessary Federal holidays. An electronic version connecting trackage is completed, the conditions, thereby allowing of this document is available on the two shippers located near the construction to begin. World Wide Web at http://dms.dot.gov. northwestern end of the segment will be This exemption will be effective on served from the west by DOT Rail Dated: February 17, 2004. May 3, 2004, unless stayed. Petitions to Service, Inc., or its designee under an By Order of the Maritime Administrator, stay that do not involve environmental operating agreement with the City 1 and issues must be filed by March 4, 2004.3 Joel C. Richard, the shipper located near the Petitions for reconsideration must be Secretary, Maritime Administrator. southeastern end of the segment will be filed by March 15, 2004, with the [FR Doc. 04–3782 Filed 2–20–04; 8:45 am] served from the southeast by the same Surface Transportation Board, 1925 K BILLING CODE 4910–81–P or a different rail operator. Service over Street, NW., Washington, DC 20423– the approximately 7.5 miles of the 00001. segment that is no longer required to If the verified notice contains false or DEPARTMENT OF TRANSPORTATION serve shippers will be discontinued and misleading information, the exemption the right-of-way used for a recreational Surface Transportation Board is void ab initio. Petitions to revoke the trail.2 The trail would be supervised by exemption under 49 U.S.C. 10502(d) the Peoria Park District, and would may be filed at any time. The filing of [STB Finance Docket No. 34395] connect the Pimetoui Trail at the Peoria a petition to revoke will not riverfront with the Rock Island Trail automatically stay the transaction. City of Peoria, IL, d/b/a Peoria, Peoria near Alta, IL. Heights & Western Railroad— An original and 10 copies of all Construction is proposed to begin no pleadings, referring to STB Finance Construction of Connecting Track earlier than 90 days after the filing of Exemption—in Peoria County, IL Docket No. 34395, must be filed with this notice of exemption. the Surface Transportation Board, 1925 PPHW has certified that it has K St., NW., Washington, DC 20423– The City of Peoria, IL, d/b/a Peoria, complied with the Board’s 0001. In addition, a copy of each Peoria Heights & Western Railroad environmental rules at 49 CFR Part pleading must be served on Thomas F. (PPHW), has filed a verified notice of 1105, and with the pre-filing notice McFarland, 208 South LaSalle St., Suite exemption under 49 CFR 1150.36 to requirements of 49 CFR 1150.36(c)(1). construct approximately 1,800 feet of The Board’s Section of Environmental 1890, Chicago, IL 60604–1112. track in Peoria, Peoria County, IL, over Analysis (SEA) has approved PPHW’s Board decisions and notices are land that it owns or over which it has request to submit a Preliminary Draft available on our Web site at http:// an easement for railroad purposes. The Environmental Assessment in lieu of the www.stb.dot.gov. track to be constructed will connect a environmental and historic reports Decided: February 13, 2004. 1.9-mile segment of track that the City required under 49 CFR 1105.7 and By the Board, David M. Konschnik, of Peoria (the City) purchased from 1105.8. SEA has also granted a waiver Director, Office of Proceedings. Union Pacific Railroad Company (UP) of the 6-month prefiling notice generally Vernon A. Williams, with an 8.29-mile segment of track required for construction projects under Secretary. known as the Keller Branch that the City 49 CFR 1105.10(a)(1). Under 49 CFR [FR Doc. 04–3747 Filed 2–20–04; 8:45 am] acquired from the Chicago, Rock Island 1150.36(c)(3), SEA will generally issue BILLING CODE 4915–01–P & Pacific Railroad Company (Rock an environmental assessment (EA) 15 Island). days after the Federal Register notice, The former UP segment connects at its here by March 9, 2004. However, under west end with a UP main line that 49 CFR 1150.36(c)(10), a stay of the DEPARTMENT OF THE TREASURY extends in a generally north-south effective date may be issued if an direction between Nelson, IL, and St. informed decision on environmental Office of Thrift Supervision Louis, MO. It was acquired by the City issues cannot be made prior to March 9, Dollar Savings Bank, Newark, New in 2001 and there are no active shippers 2004. Interested persons may obtain a Jersey; Notice of Appointment of currently located on that segment. copy of the EA by writing to SEA (Room Receiver The former Rock Island segment was 500, Surface Transportation Board, acquired by the City in 1984 from the Washington, DC 20423–0001) or by Notice is hereby given that, pursuant Rock Island Trustee. It connects at its calling SEA, at (202) 565–1539. to the authority contained in section east end with a rail line of the Peoria & [Assistance for the hearing impaired is 5(d)(2) of the Home Owners’ Loan Act, Pekin Union Railway Company (P&PU). available through the Federal the Office of Thrift Supervision has duly P&PU initially operated the segment Information Relay Service (FIRS) at 1– appointed the Federal Deposit Insurance pursuant to a lease from the City. 800–877–8339.] Comments on Corporation as receiver for Dollar Thereafter, the Village of Peoria Heights, environmental and historic preservation Savings Bank, Newark, New Jersey (OTS IL, acquired a 25-percent interest in the matters must be filed within 30 days No. 06755), on February 13, 2004. segment, which was referred to under after the EA becomes available to the Dated: February 18, 2004. the doing-business designation of public. PPHW. In 1998, Pioneer Industrial On completion of the environmental review, the Board will issue a decision 3 The Board will grant a stay if an informed Railway Co., the current operator, began decision on environmental issues (whether raised operations over the segment pursuant to by a party or by SEA in its independent an assignment of P&PU’s lease from the 1 No part of the line that would continue to be investigation) cannot be made before the City (consented to by the Village of operated would be located in the Village of Peoria exemption’s effective date. See Exemption of Out- Heights. of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any Peoria Heights). There are three active 2 The City recognizes that Board authority or an request for a stay should be filed as soon as possible shippers located on the segment, two of exemption must be obtained for discontinuance of so that the Board may take appropriate action before which are located near its northwestern rail service over the line. the exemption’s effective date.

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By the Office of Thrift Supervision. a.m. and end at 4 p.m. on March 23 and March 24, the Committee will continue Nadine Y. Washington, at 12 Noon on March 24. The meeting preparation of its report. Corporate Secretary. is open to the public. Those wishing to attend the meeting [FR Doc. 04–3832 Filed 2–20–04; 8:45 am] The purpose of the Committee is to should contact Mr. Pete Dougherty, provide the Secretary of Veterans Affairs BILLING CODE 6720–01–M Department of Veterans Affairs, at (202) with an on-going assessment of the 273–5764. No time will be allocated for effectiveness of the policies, receiving oral presentations from the organizational structures, and services DEPARTMENT OF VETERANS public. However, the Committee will of the Department in assisting homeless AFFAIRS accept written comments from veterans. The Committee shall assemble and review information relating to the interested parties on issues affecting Advisory Committee on Homeless homeless veterans. Such comments Veterans, Notice of Meeting needs of homeless veterans and provide on-going advice on the most appropriate should be referred to the Committee at The Department of Veterans Affairs means of providing assistance to the following address: Advisory (VA) gives notice under Public Law 92– homeless veterans. The Committee will Committee on Homeless Veterans, 463 (Federal Advisory Committee Act) make recommendations to the Secretary Homeless Veterans Programs Office that a meeting of the Advisory regarding such activities. (075D), U.S. Department of Veterans Committee on Homeless Veterans will On March 22, the Committee will Affairs, 810 Vermont Avenue, NW., be held from Monday, March 22, 2004, receive reports and information Washington, DC 20420. through Wednesday, March 24, 2004, in requested by the Committee from its Dated: February 11, 2004. the McPherson Square Room of the 2003 Annual Report, from governmental By Direction of the Secretary. Hamilton Crowne Plaza, 14th & K and outside entities. On March 23, the E. Philip Riggin, Streets, NW., Washington, DC 20005. Committee will continue to receive On March 22, the session will convene reports and begin preparation of its Committee Management Officer. at 10 a.m. and end at 4 p.m. On March upcoming annual report and [FR Doc. 04–3855 Filed 2–20–04; 8:45 am] 23–24, the sessions will convene at 8 recommendations to the Secretary. On BILLING CODE 8320–01–M

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Part II

Department of Health and Human Services Administration for Children and Families

Grants and Cooperative Agreements; Notice of Availability; Notices

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DEPARTMENT OF HEALTH AND program. ANA’s FY 2004 SEDS goals governance policies and development HUMAN SERVICES and areas of interest are focused on strategies, Native American people and strengthening children, families, and communities can achieve self- Administration for Children and communities through community-based sufficiency. In order to move toward Families organizations, Tribes, and Village self-sufficiency, development in one governments. area should be balanced with the Grants and Cooperative Agreements; This program announcement development in the others. Accordingly, Notice of Availability emphasizes community-based community-based economic, social and partnerships and projects. This Program Office Name: Administration governance development programs and emphasis will increase the number of for Native Americans (ANA). activities proposed in response to this grants to local community organizations Funding Opportunity Title: Social and announcement should take into and expand the number of partnerships Economic Development Strategies for consideration the elements necessary to among locally based non-profit Native Americans. This program is build healthy self-sufficient organizations. ANA will accept authorized by U.S. Code Citation 42 communities. applications for funding and award ANA’s FY 2004 Program U.S.C. 2991 et seq. 1974, the Native grants to multiple organizations located Announcements are goal-category Americans Programs Act. in the same geographic area, provided specific. ANA will release separate Announcement Type: Competitive the activities are not duplicative of program announcements for funding Grant—Initial. previously funded ANA projects in the opportunities under SEDS, for Language Funding Opportunity Number: HHS– same geographic area or to the same Preservation and Maintenance, 2004–ACF–ANA–NA–0001. grantee. Previously, under each Environmental Regulatory CFDA Number: 93.612. competitive program area, ANA Enhancement, and for special Due Date for Application: April 23, accepted one application that served or initiatives. 2004, 4:30 p.m. (EST). impacted a reservation, Tribe or Native ANA’s policy is based on three SUMMARY: The Administration for American community. The reason for interrelated goals: (1) Economic Native Americans (ANA), within the this change is to expand and support Development: To foster the Administration for Children and large Native American rural and urban development of stable diversified local Families, announces the availability of communities that provide a variety of economies and economic activities that fiscal year (FY) 2004 funds for new services in the same geographic area. provide jobs, options and opportunities community-based projects under ANA’s Although Tribes are limited to three that promote economic well-being in Social and Economic Development simultaneous ANA grants (one each Native American communities; (2) Strategies (SEDS) program. ANA’s FY under SEDS, Language and Social Development: To support local 2004 SEDS goals and areas of interest Environmental programs) at any one access to, control of, and coordination are focused on strengthening children, time, this clarification allows other with, programs and services that families, and communities through community-based organizations to safeguard the health, well-being, and incorporated community-based apply for ANA funding to support on- culture of native peoples, and; (3) organizations, Tribes, and Village going community-based efforts, Governance: To assist Tribes and Alaska governments. provided the activities do not duplicate Native village governments to build The Program Areas of Interest are currently funded projects serving the capacity that results in local control and projects that ANA considers supportive same geographic area. decision-making over their resources. to Native American communities. In support of the Presidential The Administration for Children and Although eligibility for funding is not Executive Orders on Asian American Families through the Administration for restricted to projects of the type listed and Pacific Islanders, Community-based Native Americans supports and fosters under this program announcement, Alternatives for Individuals with strong families and healthy these Areas of Interest are ones which Disabilities, and Faith-based and communities under four initiatives. ANA sees as particularly beneficial to Community Organizations, ANA Eligible community and faith based the development of healthy Native encourages greater participation from organizations are invited to submit American communities. Hawaiian and Pacific Islander applications that: (1) Provide services Financial assistance under the SEDS communities, encourages Native directly to Native American people; (2) program is provided utilizing a communities to address the needs of organizations that support rural competitive process in accordance with people with disabilities, and invites communities; (3) organizations that the Native American Programs Act of eligible faith-based and community provide prevention and intervention 1974, as amended. The purpose of this organizations to apply. programs for youth and families, i.e. Act is to promote the goal of economic Financial assistance under the SEDS diabetes, substance abuse or mental and social self-sufficiency for American and Alaska SEDS program is provided health related programs; and (4) Indians, Native Hawaiians, Alaskan utilizing a competitive process in organizations that promote healthy Natives, and other Native American accordance with the Native American relationships to strengthen families. Pacific Islanders, including American Programs Act of 1974, as amended. The ANA’s FY 2004 program goals and Samoa natives. purpose of this Act is to promote the areas of interest are focused on goal of economic and social self- expanding community-based, culturally I. Funding Opportunity Description sufficiency for American Indians, Native appropriate economic development, The Administration for Native Hawaiians, Alaskan Natives, and other social development and governance Americans (ANA), within the Native American Pacific Islanders, activities. ANA is interested in projects Administration for Children and including American Samoan Natives. designed to grow Native American Families, announces the availability of The ANA SEDS Program supports the economies, strengthen Native families, fiscal year (FY) 2004 funds for new fundamental principle that economic and decrease the high rate of social community-based activities under development, social development and challenges caused by the lack of ANA’s Social and Economic governance are interrelated, and that community-based business, social, and Development Strategies (SEDS) with effective economic, social and economic infrastructure. In response to

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this announcement, ANA encourages approved by the Samoan government do Community: A group of people Native American tribes and not establish non-profit status for the residing in the same geographic area organizational leaders to propose, purpose of ANA eligibility. that can apply their own cultural and coordinate and implement community- Organizations incorporating in socio-economic values in implementing based projects to meet the needs of its American Samoa are cautioned that the ANA’s program objectives and goals. In community members and develop Samoan government relies exclusively discussing the applicant’s community, options and opportunities for future upon IRS determination of non-profit the following information should be generations. status; therefore, articles of provided: (1) A description of the The Program Areas of Interest are incorporation approved by the Samoan population segment within the projects that ANA considers supportive government do not establish non-profit community to be served or impacted; (2) to Native American communities. status for the purpose of ANA the size of the community; (3) Although eligibility for funding is not eligibility. geographic description or location, restricted to projects of the type listed • If the applicant, other than a Tribe including the boundaries of the under this program announcement, or an Alaska Native Village government, community; (4) demographic data on these Areas of Interest are ones which is proposing a project benefiting Native the target population; and (5) the ANA sees as particularly beneficial to Americans or Native Alaskans, or both, relationship of the community to any the development of healthy Native it must provide assurance that its duly larger group or tribe. American communities. elected or appointed board of directors Community Involvement: How the ANA Administrative Policies: is representative of the community to be community participated in the Applicants must comply with the served. To establish compliance, an development of the proposed project, following Administrative Policies: how the community will be involved • applicant should provide supporting An applicant must provide a 20% documentation and assurance that it’s during the project implementation and non-Federal match of the approved duly elected or appointed board of after the project is completed. Evidence project costs. Applications originating directors is majority Native American. of community involvement can include, from American Samoa, Guam, or the • Applicants must describe how the but is not limited to, certified petitions, Commonwealth of the Northern Mariana proposed project objectives and public meeting minutes, surveys, needs Islands are covered under section 501(d) activities relate to a locally determined assessments, newsletters, special of Public Law 95–134, as amended (48 strategy. meetings, public Council meetings, U.S.C. 1469a), under which HHS waives • Proposed projects must consider the public committee meetings, public any requirement for matching funds maximum use of all available hearings, and annual meetings with under $200,000 (including in-kind community-based resources. representatives from the community. contributions). • Proposed projects must present a The applicant should document the • An application from a Tribe, Alaska strategy to overcome the challenges that community’s support of the proposed Native Village or Native American hinder movement toward self- project. Applications from National and organization must be from the governing sufficiency in the community. Regional Indian and Native body. • Applicants proposing an Economic organizations should clearly • A non-profit organization Development project should address the demonstrate a need for the project, submitting an application must submit project’s viability. A business plan, if explain how the project originated, proof of its non-profit status in its applicable, must be included to describe identify the beneficiaries, and describe application at the time of submission. the project’s feasibility, cash flow, and and relate the actual project benefits to The non-profit agency can accomplish approach for the implementation and the community and organization. this by providing: (i) A reference to the marketing of the business. National Indian and Native applicant organization’s listing in the • ANA will not accept applications organizations should also identify their Internal Revenue Service’s (IRS) most from tribal components, which are membership and specifically discuss recent list of tax-exempt organizations tribally authorized divisions of a larger how the organization operates and described in the IRS Code; or (ii) a copy tribe, which are not approved by the impacts Native American people and of the currently valid IRS tax exemption governing body of the tribe. communities. certificate; or (iii) a statement from a • ANA funds projects not programs. Completed Project: A project funded State taxing body, State Attorney Proposed projects must have definitive by ANA is finished, or self-sustaining, General, or other appropriate State goals and objectives that will be or funded by other than ANA funds, and official certifying that the applicant achieved by the end of the project the results and outcomes are achieved organization has a non-profit status and period. All projects funded by ANA by the end of the project period. none of the net earnings accrue to any must be completed, or self-sustaining, or Consortia—Tribal / Village: A group of private shareholders or individuals; or supported by other than ANA funding at Tribes or villages that join together (iv) a certified copy of the organization’s the end of the project period. either for long-term purposes or for the certificate of incorporation or similar Definitions: The ANA program purpose of an ANA project. Applicant document that clearly establishes non- announcement will now include must identify Consortia membership. profit status; or (v) any of the items in definitions for the following terms: The Consortia applicant must be the the subparagraphs immediately above Authorized Representative: The recipient of the funds. A Consortia for a State or national parent person or person(s) authorized by Tribal applicant must be an ‘‘eligible entity’’ as organization and a statement signed by or Organizational resolution to execute defined by this Program Announcement the parent organization that the documents and other actions required and the ANA regulations. Consortia applicant organization is a local non- by outside agencies. applicants should include profit affiliate. Organizations Budget Period: The interval of time documentation (a resolution adopted incorporating in American Samoa are into which the project period is divided pursuant to the organization’s cautioned that the Samoan government for budgetary or funding purposes, and established procedures and signed by an relies exclusively upon IRS for which a grant is made. A budget authorized representative) from all determination of non-profit status; period usually lasts one year in a multi- consortia members supporting the ANA therefore, articles of incorporation year project period. application. An application from a

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consortium should have goals and contributed by the grantee, non-Federal Multi-year Project: Encompasses a objectives that will create positive third parties without charge to the single theme and requires more than 12 impacts and outcomes in the grantee, or a cost-type contractor under or 17 months to complete. A multi-year communities of its members. ANA will the grant agreement. Any proposed In- project affords the applicant an not fund activities by a consortium of kind match must meet the applicable opportunity to develop and address tribes which duplicates activities for requirements found in 45 CFR parts 74 more complex and in-depth strategies which member Tribes also receives and 92. that cannot be completed in one year. A funding from ANA. The consortium Letter of Commitment: A third party multi-year project is a series of related application should identify the role and statement to document the intent to objectives with activities presented in responsibility of each participating provide specific in-kind contributions chronological order over a two or three Consortia member and contain a copy of or cash to support the applicant. The year period. Prior to funding the second the consortia legal agreement or Letter of Commitment must state the or third year, of a multi-year grant, ANA Memoranda of Agreement to support the dollar amount (if applicable), the length will require verification and support proposed project. of time the commitment will be documentation from the Grantee that Construction: The initial building of a honored, and the conditions under objectives and outcomes proposed in facility. which the organization will support the the preceding year were accomplished, Core Administration: Salaries and proposed ANA project. If a dollar and the non-Federal share requirement other expenses for those functions that amount is included, the amount must be has been met. Applicants proposing support the applicant’s organization as based on market and historical rates multi-year projects must complete and a whole or for purposes unrelated to the charged and paid. The resources to be submit an Objective Work Plan (OWP) actual management or implementation committed may be human, natural, and budget with narrative for each of the ANA project. However, salaries physical, or financial, and may include project year, and fully describe and activities that are clearly related to other Federal and non-Federal objectives to be accomplished, outcomes the ANA project are eligible for grant resources. For example, a notice of to be achieved, and the results and funding. award from another Federal agency benefits to determine the successful Economic Development: Involves the committing $200,000 in construction outcomes of each budget period. ANA promotion of the physical, commercial, funding to complement a proposed will review the quarterly and annual technological, industrial, and/or ANA funded pre-construction activity is reports of grantees to determine if the agricultural capacities necessary for a evidence of a commitment. Statements grantee is meeting its goals, objectives sustainable local community. Economic about resources which have been and activities identified in the OWP. development includes activities and committed to support a proposed Objective(s): Specific outcomes or actions that develop sustainable, stable, results to be achieved within the project made in the application without and diversified private sector local proposed project period that are supporting documentation will be economies. For example, initiatives that specified in the Objective Work Plan. disregarded. support employment options, business Completion of objectives must result in opportunities, development and Leveraged Resources: The total dollar specific, measurable, outcomes that formation of a community’s economic value of all non-ANA resources that are would benefit the community and infrastructure, laws and policies that committed to a proposed ANA project directly contribute to the achievement result in the creation of businesses and and are supported by documentation of the stated community goals. employment options and opportunities that exceed the 20% non-Federal match Applicants should relate their proposed that provide for the foundation of required for an ANA grant. Such project objectives to outcomes that healthy communities and strong resources may include any natural, support the community’s long-range families. financial, and physical resources goals. Equipment: Tangible, non-expendable available within the tribe, organization, Partnerships: Agreements between personal property, including exempt or community to assist in the successful two or more parties that will support the property, charged directly to the award completion of the project. An example development and implementation of the having a useful life of more than one would be a written letter of commitment proposed project. Partnerships include year and an acquisition cost of $5,000 or from an organization that agrees to other community-based organizations or more per unit. However, consistent with provide a supportive action, product, associations, Tribes, Federal and State recipient policy, lower limits may be and service, human or financial agencies and private or non-profit established. contribution that will add to the organizations. Governance: Involves assistance to potential success of the project. Performance Indicators: Measurement tribal and Alaska Native village Multi-purpose Organization: A descriptions used to identify the government leaders to increase their community-based corporation whose outcomes or results of the project. ability to execute local control and charter specifies that the community Outcomes or results must be measurable decision-making over their resources. designates the Board of Directors and/or to determine that the project has Implementation Plan: The guidebook officers of the organization through an achieved its desired objective and can the applicant will use in meeting the elective procedure and that the be independently verified through results and benefits expected for the organization functions in several monitoring and evaluation. project. The Implementation Plan different areas of concern to the Real Property: Land, including land provides detailed descriptions of how, members of the local Native American improvements, structures, and when, where, by whom and why community. These areas are specified in appurtenances thereto, excluding activities are proposed for the project the by-laws and/or policies adopted by movable machinery and equipment. and is complemented and condensed by the organization. They may include, but Renovation or Alteration: The work the Objective Work Plan. need not be limited to, economic, required to change the interior In-kind Contributions: In-kind artistic, cultural, and recreational arrangements or other physical contributions are property or services activities, and the delivery of human characteristics of an existing facility, or which benefit a federally assisted services such as day care, education, install equipment so that it may be more project or program and which are and training. effectively used for the project.

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Alteration and renovation may include and economic self-sufficiency for Native and/or strengthen the local economy work referred to as improvements, Americans. through enhanced commercial trade in conversion, rehabilitation, remodeling, Economic Development: Involves the areas such as agriculture, aquaculture, or modernization, but is distinguished promotion of the physical, commercial, lumber, and traditional arts and crafts. from construction. technological, industrial, and/or Social Development: The investment Resolution: Applicants are required to agricultural components necessary for a in human and social capital for include a current signed Resolution (a sustainable local community. advancing people’s well-being. formal decision voted on by the official Applicants are encouraged to develop Applicants are encouraged to develop governing body) in support of the sustainable projects to support and implement culturally appropriate project for the entire project period. The sustainable, stable, and diversified programs to enhance tribal, community, Resolution should indicate who is private sector local economies. and village activities. Social authorized to sign documents and Program Areas of Interest include: development programs under this area • negotiate on behalf of the Tribe or Projects to strengthen an support families, elders, parents, organization. The Resolution should organization’s capacity to deliver positive youth development, healthy indicate that the community was business technical assistance, marriage, individuals with disabilities, involved in the project planning workshops, financial literacy programs, and personal commitment. Program and that create, expand, and retain Areas of Interest include: process, and indicate the specific dollar • amount of any non-Federal matching public and private sector community- Healthy Relationships and based businesses. Strengthening Families Initiative: The funds (if applicable). • Sustainable Project: A sustainable Projects to increase cooperative goal is to promote healthy family project is an on-going program or enterprise development activities, and environments and strengthen co- parenting teamwork, problem-solving, service that can be maintained without technical capacity of youth to establish and conflict resolution. To respond to additional ANA funds. and operate cooperative businesses with the goal of teaching financial, this initiative, applicants should Self-Sufficiency: The ability to management and long-term employment consider comprehensive projects that generate resources to meet a skills. are culturally and socially appropriate community’s needs in a sustainable • Projects to plan and coordinate to teach couples relationship-building manner. A community’s progress emergency response services within the skills, such as negotiation-based toward self-sufficiency is based on its community and with State and local interpersonal communications, efforts to plan, organize, and direct governments to protect against Acts of collaborative problem solving, and resources in a comprehensive manner Nature and other catastrophic events preservation of love, commitment, and that is consistent with its established such as fire, floods, and environmental friendship. Applicants are encouraged long-range goals. For a community to be catastrophes. to be creative in their efforts to integrate self sufficient, it must have local access • Projects to implement initiatives elders into these projects to support to, control of, and coordination of that are based on a feasibility study that traditional values and methods. services and programs that safeguard the assessed the economic potential of Initiatives could address problematic health, well-being, and culture of the energy resources in their community, periods in the family life cycle such as: people that reside and work in the including renewable energy sources pregnancy, postpartum care, first-time community. such as: Bio-energy, Geothermal, parenthood, parenting adolescents, and Social Development: Investment in Hydrogen, Hydropower, Ocean, Solar, goal setting for independent young human and social capital for advancing Wind, or other methods appropriate to adults. the well-being members of the Native the tribe and geographical location. • Project to strengthen the long-term American community served. Social • Projects to develop community commitment of married couples. development is the action taken to transportation activities that support the Projects should consider the support the health, education, culture, needs of the elderly, the disabled, and enhancement of relationship skills and employment options that expand an the local workforce. through premarital counseling, individual’s capabilities and • Projects to develop organizational mentoring activities, or role model opportunities, and that promote social and management capacity building activities. inclusion and combat social ills. activities that enhance community- • Projects to support young families Please note that this announcement is based program delivery systems and in order to reduce the challenges and divided into two program areas. The services. stress of child rearing and the risks first program area is Social and • Projects to develop and implement associated with child/infant abuse and Economic Development Strategies for community-based activities that neglect, and projects to strengthen the Native Americans (Non-Alaska) and the increase International Tourism and bonds between parents and children, second program area is Social and trade activities for Native American particularly between fathers and Economic Development Strategies for products, services, and communities. children, and the fathers’ role in healthy Native Americans (Alaska). The second Business sectors of interest include: The families. program area information immediately export of Native American packaged • Projects to develop and implement follows section VIII of program area one. foods; arts and crafts; literature and comprehensive culturally and socially Applications from Alaska Native music; manufactured products; appropriate projects to help youth entities may submit under either SEDS agricultural and organic products; practice personal responsibility; reach a or Alaska SEDS but not both program value-added product assembly or balance in their lives by learning how to areas. The SF 424 must clearly indicate processing that includes agriculture and set and meet short and long-term goals; the correct program area. aquaculture. and to practice healthy lifestyles with • Projects to develop and enhance the goal of decreasing gang activity, Program Area 1 subsistence activities that retain, or re- school drop out rates and juvenile Social and Economic Development establish Native traditional foods and or delinquency. Strategies for Native Americans (Non- by-products of natural resources for • Projects to recruit, train, and certify Alaska): To promote the goal of social local and commercial markets. Develop new Native American foster parents or

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promote appropriate extended family Ceiling on Amount of Individual and Pacific Islanders, Community-based placements or to assist abused, Awards: $500,000. Alternatives for Individuals With neglected, and abandoned Native An application that exceeds the upper Disabilities, and Faith-based and American children, youth, and their value of the dollar range specified will Community Organizations, ANA families. be considered ‘‘non-responsive’’ and be encourages greater participation from • Projects to develop, coordinate, and returned to the applicant without Hawaiian and Pacific Islander implement training for Native further review. communities, encourages Native Americans with disabilities in order to Floor on Amount of Individual communities to address the needs of join the workforce, obtain information Awards: $25,000. people with disabilities, and invites and technical assistance to apply for III. Eligibility Information eligible faith-based and community disability benefits, gain access to organizations to apply. workplace facilities, and receive 1. Eligible Applicants Proof of Non-Profit Status: Any non- reasonable accommodations necessary • Federally recognized Indian Tribes; profit organization submitting an to perform job functions. • Consortia of Indian Tribes; application must submit proof of its Governance: Involves assistance to • Incorporated non-Federally non-profit status in its application at the Tribal and Alaska native Village recognized Tribes. time of submission. The non-profit government leaders to increase their • Incorporated non-profit multi- agency can accomplish this by ability to execute local control and purpose community-based Indian providing: decision-making over their resources. organizations; • A reference to the applicant ANA encourages applications for the • Urban Indian Centers; • organization’s listing in the Internal development of laws and policies that National or regional incorporated Revenue Service’s (IRS) most recent list support community-based social, non-profit Native American of tax-exempt organizations described in economic and governance activities. organizations with Native American the IRS Code; or Governance projects under this area community-specific objectives; • A copy of the currently valid IRS may be used for leadership and • Alaska Native villages, as defined in the Alaska Native Claims Settlement Act tax exemption certificate; or management training or to assist eligible • applicants in the development of laws, (ANSCA) and/or non-profit village A statement from a State taxing regulations, codes, policies, and consortia; body, State Attorney General, or other practices that support and promote • Incorporated non-profit Alaska appropriate State official certifying that community-based activities. Program Native multi-purpose community-based the applicant organization has a non- Areas of Interest include: organizations; profit status and none of the net • Projects to enact laws that support • Non-profit Alaska Native Regional earnings accrue to any private and enforce business and investment Corporations/Associations in Alaska shareholders or individuals; or transactions, contracts, and property with village specific projects; • A certified copy of the rights. For example, develop and • Non-profit Native organizations in organization’s certificate of implement Uniform Commercial Codes Alaska with village specific projects; incorporation or similar document that • (business codes) and Tax Codes. Public and non-profit private clearly establishes non-profit status; or • Projects to enact laws, ordinances, agencies serving Native Hawaiians; • Any of the items in the • and policies, to develop, expand, and/ Public and non-profit private subparagraphs immediately above for a or enhance utility and communications agencies serving native peoples from State or national parent organization infrastructures. Guam, American Samoa, or the and a statement signed by the parent • Projects to enrich and strengthen Commonwealth of the Northern Mariana organization that the applicant the management and leadership skills of Islands (the populations served may be organization is a local non-profit senior Tribal government personnel, located on these islands or in the affiliate. and senior management personnel of continental United States); Resolution: Applicants are required to • Tribally-controlled Community tribally owned companies. include a current signed Resolution (a • Colleges, Tribally-controlled Post- Projects to establish and implement formal decision voted on by the official Secondary Vocational Institutions, and technology management information governing body) in support of the colleges and universities located in systems to assist with the effective and project for the entire project period. The Hawaii, Guam, American Samoa or the efficient administration of tribal Resolution must indicate who is Commonwealth of the Northern Mariana government programs. authorized to sign documents and • Islands which serve Native Pacific Projects to develop or amend tribal negotiate on behalf of the Tribe or Islanders; and constitutions, government procedures organization. The Resolution should and functions, by-laws or codes, and • Non-profit Alaska Native community entities or Tribal governing indicate that the community was council or executive branch duties in involved in the project planning order to improve the regulatory, judicial bodies (Indian Reorganization Act or Traditional Councils) as recognized by process, and indicate the specific dollar and/or administrative infrastructure of amount of any non-Federal matching tribal and village governments. the Bureau of Indian Affairs. Organizations in Palau are not longer funds (if applicable). II. Award Information eligible for assistance from ANA. (Legal Applicants are cautioned that the Funding Instrument Type: Grant. authority: 48 U.S.C 1931) ceiling for individual awards is Anticipated Total Program Area 1 Additional Information on Eligibility: $500,000. Applications exceeding the Funding: $18,000,000. Please refer to section I ‘‘Funding $500,000 threshold will be returned Anticipated Number of Awards: 110– Opportunity Description’’ to review without review. 120. general ANA Administrative Policies for Applications that fail to include the Average Projected Award Amount: any applicable statutory policies required amount of cost-sharing will be $25,000 to $500,000. pertaining to application eligibility. considered non-responsive and will not Length of Project Period: 12, 17, 24, or In support of the Presidential be eligible for funding under this 36 months. Executive Orders on Asian American announcement.

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2. Cost Sharing or Matching An application that exceeds the application are required. The original Grantees must provide at least 20 $500,000 will be considered ‘‘non- copy must include all required forms, percent of the total approved cost of the responsive’’ and be returned to the certifications, assurances, and project. The total approved cost of the applicant without further review. appendices, be signed by an authorized Applications that fail to include the project is the sum of the ANA share and representative, have original signatures, required amount of cost-sharing will be the non-Federal share. The required and be submitted unbound. The two considered non-responsive and will not match can be computed by dividing additional copies of the complete be eligible for funding under this total Federal funds by 80 percent for application must include all required announcement. total project costs then subtracting the forms, certifications, assurances, and Federal portion. The remainder is the IV. Application and Submission appendices and must also be submitted unbound. Applicants have the option of required match. Therefore, a project Information omitting from the application copies requesting $100,000 in Federal funds 1. Address to Request Application (not the original) specific salary rates or (per budget period) must provide a Package amounts for individuals specified in the match of at least $ 25,000 ($100,000/ application budget. A completed 80% = $125,000¥$100,000 = $25,000) The ANA regional Training and application for assistance under this which is 20% total approved project Technical Assistance (T/TA) providers Program Announcement consists of cost. Grantees will be held accountable at: Three Parts. Part One is the SF 424 and for commitments of non-Federal Region I: AL, AR, CT, DC, DE, FL, GA, other Required Government Forms, and resources even if over the amount of the IA, IL, IN, KS, KY, LA, MA, MD, ME, other required documentation. Part Two required match. Failure to provide the MI, MN, MO, MS, NC, ND, NE, NH, NJ, NY, OH, OK, PA, RI, SC, SD, TN, TX, of the application is the project non-federal share match will result in substance of the application. This the disallowance of Federal match. A VA, VT, WI, W.VA. Native American Management section of the application may not request for a waiver of the non-Federal exceed 45 pages. Part Three of the share requirement may be submitted in Services, Inc., 6858 Old Dominion Drive, Suite 302, McLean, Virginia application is the Appendix. This accordance with 45 CFR 1336.50(b)(3) of section of the application may not the Native American Program 22101, Toll Free: 888–221–9686, (703) 821–2226 x-234, Fax: (703) 821–3680, exceed 20 pages (the exception to this regulations. Applications originating 20-page limit applies only to projects from American Samoa, Guam, or the Kendra King-Bowes, Project Manager, E- mail: [email protected], that require, if relevant to the project, a Commonwealth of the Northern Mariana Business Plan or any Third-Party Islands are covered under section 501(d) www.anaeastern.org. Region II: AZ, CA, CO, ID, MT, NM, Agreements). of Public Law 95–134, as amended (48 NV, OR, UT, WA, WY. Electronic Submission: While ACF U.S.C. 1469a) under which HHS waives ACKCO, Inc., 2214 N. Central, Suite does have the capability to receive any requirement for matching funds 250, Phoenix, Arizona 85004, Toll Free: program announcement applications under $200,000 (including in-kind 800–525–2859, (602) 253–9211, Fax electronically through Grants.gov, contributions). For ANA grants under (602) 253–9135, Theron Wauneka, electronic submission of applications this announcement there is no match Project Manager, E-mail: will not be available for this particular required for these insular areas. [email protected], announcement. There are required 3. Other (If Applicable) www.anawestern.com. application form(s) specific to ANA that Region III: Alaska. have not yet received clearance from DUNS Number: On June 27, 2003, the Native American Management Grants.gov. While electronic submission Office of Management and Budget Services, Inc., 11723 Old Glenn of applications may be available in the published in the Federal Register a new Highway, Suite 201, Eagle River, Alaska next fiscal year for this program, no Federal policy applicable to all Federal 99577, Toll Free 877–770–6230, (907) electronic submission of applications grant applicants after giving notice in 694–5711, Fax (907) 694–5775, P.J. Bell, will be accepted for this announcement the Federal Register on June 27, 2002 Project Manager, E-mail: [email protected], this year as they would be missing those and opportunity for public comment. www.anaalaska.org. required ANA forms and be considered The policy requires all Federal grant Region IV: American Samoa (AS), incomplete. applicants to provide a Dun and Guam, HI, Commonwealth of Northern Organization and Preparation of Bradstreet Data Universal Numbering Mariana Islands (CNMI). Application: Due to the intensity and System (DUNS) number when applying Council for Native Hawaiian pace of the application review and for Federal grants or cooperative Advancement, 33 South King Street, evaluation process, ANA strongly agreements on or after October 1, 2003. Suite 513, Honolulu, Hawaii 96813, recommends applicants organize, label, The DUNS number will be required Toll-Free 800–709.2642, (808) 521– and insert required information in whether an applicant is submitting a 5011, Fax: (808) 521–4111, Jade Danner, accordance with Part One, Part Two and paper application or using the Project Manager, E-mail: Part Three as presented in the charts government-wide electronic portal [email protected], below. The application should begin (www.Grants.Gov). A DUNS number www.anapacific.org. with the information requested in Part will be required for every application One of the chart in the prescribed order. for a new award or renewal/ 2. Content and Form of Application Utilizing this format will insure all continuation of an award, including Submission information submitted to support an applications or plans under mandatory Please refer to section I ‘‘Funding applicant’s request for funding is grant programs, submitted on or after Opportunity Description’’ to review thoroughly reviewed. Submitting October 1, 2003. A DUNS number may general ANA Administrative Policies for information in this format will assist the be acquired at no cost by calling the any applicable statutory policies panel reviewer in locating and dedicated toll-free DUNS number pertaining to application content and evaluating the information. Deviation request line on 1–866–705–5711 or you form. from this suggested format may reduce may request a number on-line at Application Submission: An original the applicant’s ability to receive http://www.dnb.com. and two copies of the complete maximum points, which are directly

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related to ANA’s funding review their applications. Applicants must must appear on the envelope/package decisions. disclose lobbying activities on the containing the application with the note ANA Application Format: ANA will Standard Form LLL when applying for ‘‘Attention: Lois B. Hodge’’. Applicants now require all applications to be an award in excess of $100,000. are cautioned that express/overnight labeled with a Section Heading in Applicants who have used non-Federal mail services do not always deliver as compliance with the format provided in funds for lobbying activities in agreed. the program announcement. This format connection with receiving assistance Hand-delivered applications shall be applies to all applicants submitting under this announcement shall considered as meeting an announced applications for funding. All pages complete a disclosure form, if deadline if received on or before the submitted (including Government applicable, with their applications. The deadline date, between the hours of 8 Forms, certifications and assurances) forms (Forms 424, 424A–B; and a.m. to 4:30 p.m., EST, Monday through should be numbered consecutively. The Certifications may be found at: Friday (excluding Federal holidays). 1 paper size shall be 8 ⁄2 x 11 inches, line www.acf.hhs.gov/programs/ofs/ Applications may be delivered to the spacing shall be a space and a half (1.5 forms.htm. Fill out Standard Forms 424 U.S. Department of Health and Human line spacing), printed only on one side, and 424A and the associated Services, Administration for Children and have a half-inch margin on all sides certifications and assurances based on and Families, Office of Grants of the paper. The font size should be no the instructions on the forms. Management, Division of Discretionary smaller than 12-point and the font type Private, non-profit organizations are Grants, ACF Mail Room, Second Floor shall be Times New Roman. These encouraged to submit with their Loading Dock, Aerospace Center, 901 D requirements do not apply to the project applications the survey located under Street, SW., Washington, DC 20024. Abstract Form, Letters of Commitment, ‘‘Grant Related Documents and Forms’’ This address must appear on the the Table of Contents, and the Objective titled ‘‘Survey for Private, Non-Profit envelope/package containing the Work Plan. Grant Applicants.’’ The forms are application with the note ‘‘Attention: Forms and Assurances: The project located on the Web at www.acf.hhs.gov/ Lois B. Hodge’’. Applicants are description should include all the programs/ofs/forms.htm (OMB No. cautioned that express/overnight mail information requirements described in 1890–0014 Exp.1/31/06). services do not always deliver as agreed. the specific evaluation criteria outlined in the program announcement under 3. Submission Date and Time Late Applications: Applications that Part V. In addition to the project The closing time and date for receipt do not meet the Deadline criteria above description, the applicant needs to of applications is 4:30 p.m. (EST) on will be considered late applications. complete all the standard forms April 23, 2004. Mailed or hand- ACF shall notify each late applicant that required for making applications for delivered applications received after its application will not be considered in awards under this announcement. 4:30 p.m. on the closing date will be the current competition. Applicants requesting financial classified as late. Extension of Deadline: ACF may assistance for non-construction projects Deadline: Mailed applications shall be extend application deadlines when must file the Standard Form 424B, considered as meeting an announced circumstances such as acts of God ‘‘Assurances: Non-Construction deadline if received on or before the (floods, hurricanes, etc.) occur, when Programs.’’ Applicants must sign and deadline time and date at the U.S. there are widespread disruptions of mail return the Standard Form 424B with Department of Health and Human service. Determinations to extend or their applications. Applicants must Services, Administration for Children waive deadline requirements rest with provide a certification regarding and Families, Office of Grants the Chief Grants Management Officer. lobbying when applying for an award in Management, Division of Discretionary Required Forms: All requirements for excess of $100,000. Applicants must Grants, 370 L’Enfant Promenade, SW., submission are due on or before the sign and return the certification with Washington, DC 20447. This address deadline date.

PART ONE.—FEDERAL FORMS AND OTHER REQUIRED DOCUMENTS

Content and location of part one required forms, certifications, and doc- Part One must include the following: uments

SF 424, SF 424A, and SF 424B ...... http://www.acf.hhs.gov/programs/ofs/forms.htm. Table of Contents ...... Applicant must include a table of contents that accurately identifies the page number and where the information can be located. Table of Contents does not count against application page limit. Project Abstract...... ANA Form: OMB Clearance Number 0980–0204 http:// www.acf.hhs.gov/programs/ana. Proof of Non-Profit Status ...... As described in this announcement under Section ‘‘Other Eligibility In- formation’’. Resolution ...... Information for submission can be found in the Program Announce- ment Section ‘‘Other Eligibility Information’’. Documentation that the Board of Directors is majority Native American, As described in this announcement under ‘‘ANA Administrative Poli- if applicant is other than a tribe or Alaska Native Village government. cies’’. Audit Letter ...... A Certified Public Accountant’s ‘‘Independent Auditors’ Report on Fi- nancial Statement.’’ This is usually only a two to three page docu- ment. (This requirement applies only to applicants with annual ex- penditures of $300,000 or more of federal funds). Applicant must also include that portion of the audit document that identifies all other federal sources of funding.

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PART ONE.—FEDERAL FORMS AND OTHER REQUIRED DOCUMENTS—Continued

Content and location of part one required forms, certifications, and doc- Part One must include the following: uments

Indirect Cost Agreement ...... Organizations and Tribes must submit a current indirect cost agree- ment (if claiming indirect costs) that aligns with the approved ANA project period. The In-direct Cost Agreement must identify the indi- vidual components and percentages that make up the indirect cost rate. Non-Federal Share of Waiver Request, per 45 CFR 1336.50(b) ...... A request for a waiver of the non-Federal share requirement may be submitted in accordance with 45 CFR 1336.50(b)(3) of the Native American Program regulations (if applicable). Certification regarding Maintenance of Effort ...... May be found at www.acf.hhs.gov/programs/ofs/forms.htm. Certification regarding Lobbying ...... May be found at www.acf.hhs.gov/programs/ofs/forms.htm. Environmental Tobacco Smoke Certification ...... May be found at http://www.acf.hhs.gov/programs/ofs/forms.htm.

PART TWO.—APPLICATION REVIEW CRITERIA

Part two—proposed project Application review criteria; This section may not exceed 45 pages

Criteria One (5 pts) ...... Introduction and Project Summary/Project Abstract Criteria Two (20 pts) ...... Objectives and Need for Assistance Criteria Three (25 pts) ...... Approach: Include an Objective Work Plan (OWP) form for each year of project. 17-month project periods need to submit only one OWP Criteria Four (20 pts) ...... Organizational Capacity Criteria Five (20 pts) ...... Results or Benefits Expected Criteria Six (10 pts) ...... Budget and Budget Justification Summary/ Cost Effectiveness

PART THREE.—APPENDIX

Appendix

Part Three—Support Documentation ...... This section may not exceed 20 pages. Part Three includes only supplemental information or required support documentation that addresses the applicant’s capacity to carry out and ful- fill the proposed project. These items include: letters of agreement with cooperating entities, in-kind commitment and support letters, business plans, and a summary of the Third Party Agreements. Do not include books, videotapes, studies or published reports and articles, as they will not be made available to the reviewers, or be returned to the applicant.

Additional Forms: Private-non-profit located under ‘‘Grant Related for Private, Non-Profit Grant organizations may submit with their Documents and Forms’’ titled ‘‘Survey Applicants’’. applications the additional survey

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

Survey for Private, Non-Profit Grant Appli- Per required form ...... May be found on http://www.acf.hhs.gov/pro- By application due cants. grams/ofs/form.htm. date.

4. Intergovernmental Review previously funded or being funded otherwise eligible to apply for ANA Applications are not subject to under the same competition. The funding. However, ANA will fund T/TA Executive Order 12372. Agency will also consider whether the requested by a grantee for its own use grantee is already receiving funding for or for its members’ use (as in the case 5. Funding Restrictions a SEDS, Language, or Environmental of a consortium), when the T/TA is ANA does not fund: project from ANA. The Agency will also necessary to carry out project objectives. • take into account in making funding Activities in support of litigation • The purchase of real property or decisions whether a proposed project against the United States Government construction because those activities are that are unallowable under OMB would require funding on indefinite or recurring basis. This determination will not authorized by the Native American Circulars A–87 and A–122. Programs Act of 1974, as amended. • Duplicative projects or does not be made after it is determined whether • allow any one community to receive a the application meets the requirements Objectives or activities to support disproportionate share of the funds for eligibility as set forth in 45 CFR part core administration activities of an available for award. When making 1336, subpart C, but before funding organization. However, functions and decisions on awards of grants the decisions are complete. activities that are clearly project related Agency will consider whether the • Projects in which a grantee would are eligible for grant funding. Under project is essentially identical or provide training and/or technical Alaska SEDS projects, ANA will similar, in whole or significant part, to assistance (T/TA) to other tribes or consider funding core administrative projects in the same community Native American organizations that are capacity building projects at the village

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government level if the village does not V. Application Review Information less) with reference to the funding have governing systems in place. request. 1. Criteria • Costs associated with fund raising, Objectives and Need for Assistance: Clearly identify the physical, economic, including financial campaigns, Instructions: ACF Uniform Project social, financial, institutional, and/or endowment drives, solicitation of gifts Description (UPD) other problem(s) requiring a solution. The UPD text should be used as and bequests, and similar expenses The need for assistance must be general guidance in the development of incurred solely to raise capital or obtain demonstrated and the principal and projects. However, the specific ANA contributions are unallowable under an subordinate objectives of the project application submission format to be ANA grant award. must be clearly stated; supporting used in response to this announcement • Major renovation or alteration documentation, such as letters of is located in section IV Application and because those activities are not support and testimonials from Submission Information. concerned interests other than the authorized under the Native American Purpose: The Project Description is a applicant, may be included. Any Programs Act of 1974, as amended. major area by which an application is relevant data based on planning studies • Projects originated and designed by evaluated and ranked in competition should be included or referred to in the consultants who provide a major role for with other applications for financial endnotes/footnotes. Incorporate themselves and are not members of the assistance. The Project Description demographic data and participant/ applicant organization, Tribe, or village. should be concise and complete and beneficiary information, as needed. In • Project activities that do not further should address the activity for which developing the Project Description, the the three interrelated ANA goals of Federal funds are being requested. applicant should provide information economic development or social Supporting documents should be on the total range of projects currently development or governance, or meet the included if they present information being conducted and supported (or to be clearly and succinctly. In preparing purpose of this program announcement. initiated) to ensure they are within the your Project Description, all information scope of the program announcement. 6. Other Submission Requirements requested through each specific Results or Benefits Expected: Identify evaluation criteria should be provided. the results and benefits to be derived by Submission by Mail: An Applicant ANA uses this and other information to the community and its members. For must provide a complete original and make funding decisions. It is important, example, applicants are encouraged to two copies of the application with all therefore, that this information be describe the qualitative and quantitative required forms and signed by the included in the application. data collected, how this data will authorized representative. The General Instructions: ANA is measure progress towards the stated Application must be received at the particularly interested in specific factual results or benefits, and how address below by 4:30 p.m. Eastern information and statements of performance indicators under economic Standard Time on or before the closing measurable goals and performance and social development and governance date. Applications should be mailed to: indicators in quantitative terms. Project projects can be monitored, evaluated U.S. Department of Health and Human descriptions are evaluated on a basis of and verified. Services, Administration for Children substance, not length. Extensive exhibits Approach: Outline a plan of action and Families, Office of Grants are not required. Cross-referencing that describes the scope and detail of Management, Division of Discretionary should be used rather than repetition. how the proposed work will be Grants, ‘‘Attention: Lois B. Hodge’’, 370 Supporting information that does not accomplished. Account for all functions L’Enfant Promenade, SW., Washington, directly pertain to an integral part of the or activities identified in the DC 20447. grant-funded activity should be placed application. Cite factors, which might For Hand-Delivery: An Applicant in the appendix. The application accelerate or decelerate the work and narrative should be in a 12-pitch font. must deliver a complete original and state your reason for taking the A table of contents and an executive two copies of the application with all proposed approach rather than others. summary should be included. Each page Describe any unusual features of the required forms and signed by the should be numbered sequentially, project such as design or technological authorized representative. Applications including attachments or appendices. innovations, reductions in cost or time, shall be considered as meeting an Please do not include books, videotapes extraordinary social and community announced deadline if received on or or published reports because they are involvement or ease of project before the deadline date, between the not easily reproduced, are inaccessible replication by other tribes and Native hours of 8 a.m. to 4:30 p.m., est, to the reviewers, and will not be organizations. List organizations, Monday through Friday (excluding returned to the applicant. cooperating entities, consultants, or Federal holidays). Applications may be Introduction: Applicants are required other key individuals who will work on delivered to the U.S. Department of to submit a full Project Description and the project along with a short Health and Human Services, shall prepare this portion of the grant description of the nature of their effort Administration for Children and application in accordance with the or contribution. Provide quantitative Families, Office of Grants Management, following instructions and the specified monthly or quarterly projections of the Division of Discretionary Grants, ACF evaluation criteria. The introduction accomplishments to be achieved for Mail Room, Second Floor Loading Dock, provides a broad overview of the each function or activity in such terms Aerospace Center, 901 D Street, SW., Project, and the information provided as the number of people served and the Washington, DC 20024. This address under each evaluation criteria expands number of activities accomplished. must appear on the envelope/package and clarifies the project program- Examples of these activities would be containing the application with the note specific activities and information that the number of businesses started or ‘‘Attention: Lois B. Hodge’’. Applicants reviewers will need to assess the expanded, the number of jobs created or are cautioned that express/overnight proposed project. retained, the number of people trained, mail services do not always deliver as Project Summary: Provide a summary the number of youth, couples or families agreed. of the Project Description (a page or assisted or the number of elders

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participating in the activity during that Additional Information: The consultants or personnel costs of reporting period. When following are requests for additional delegate agencies or of specific accomplishments cannot be quantified information that need to be included in project(s) or businesses to be financed by activity or function, list them in the application: Any non-profit by the applicant. chronological order to show the dates organization submitting an application • Fringe Benefits: Costs of employee and schedule of accomplishments. List must submit proof of its non-profit fringe benefits unless treated as part of organizations, cooperating entities, status in the application at the time of an approved indirect cost rate. Provide consultants, or other key individuals submission. The non-profit organization a breakdown of the amounts and who will work on the project, as well as shall submit one of the following: (i) A percentages that comprise fringe benefit a short description of the nature of their reference to the applicant organization’s costs such as health insurance, FICA, effort or contribution. listing in the Internal Revenue Service’s retirement insurance, taxes, etc. • Staff and Position Data: Provide a (IRS) most recent list of tax-exempt Travel: Costs of project-related biographical sketch for each key person organizations described in the IRS Code; travel by employees of the applicant appointed and a job description for each or (ii) a copy of the currently valid IRS organization (does not include costs of vacant key position. A biographical tax exemption certificate; or (iii) a consultant travel). Justification: For each sketch will also be required for new key statement from a State taxing body, trip, show the total number of staff as appointed. Information should State Attorney General, or other traveler(s), travel destination, duration include the qualifications of each staff appropriate State official certifying that of trip, per diem, mileage allowances, if person as they pertain to the project. the applicant organization has a non- privately owned vehicles will be used, Organizational Profiles: Provide profit status and none of the net and other transportation costs and information on the applicant earnings accrue to any private subsistence allowances. Travel costs for organization(s) and cooperating partners shareholders or individuals; or (iv) a key staff to attend ACF-sponsored with organizational charts, financial certified copy of the organization’s workshops should be detailed in the budget. statements, audit reports or statements certificate of incorporation or similar • Equipment: Equipment means an from CPA/Licensed Public Accountants, document that clearly establishes non- profit status; or (v) any of the items in article of nonexpendable, tangible Employer Identification Numbers, personal property having a useful life of names of bond carriers, contact persons the subparagraphs immediately above for a State or national parent more than one year and an acquisition and telephone numbers, child care cost which equals or exceeds the lesser licenses and other documentation of organization and a statement signed by the parent organization that the of (a) the capitalization level established professional accreditation, information by the organization for the financial on compliance with Federal/State/local applicant organization is a local non- profit affiliate. Organizations statement purposes, or (b) $5,000. (Note: government standards, documentation Acquisition cost means the net invoice of experience in the program area, and incorporating in American Samoa are cautioned that the Samoan government unit price of an item of equipment, other pertinent information. Any non- including the cost of any modifications, profit organization submitting an relies exclusively upon IRS determinations of non-profit status; attachments, accessories, or auxiliary application must submit proof of its apparatus necessary to make it usable non-profit status in its application at the therefore, articles of incorporation approved by the Samoan government do for the purpose for which it is acquired. time of submission. not establish non-profit status for the Ancillary charges, such as taxes, duty, Third-Party Agreements: Include purpose of ANA program eligibility. protective in-transit insurance, freight, written agreements between grantees General: The following guidelines are and installation shall be included in or and sub grantees or subcontractors or for preparing the budget and budget excluded from acquisition cost in other cooperating entities. These justification. Both Federal and non- accordance with the organization’s agreements must detail scope of work to Federal resources shall be detailed and regular written accounting practices.). be performed, work schedules, justified in the budget and narrative Justification: For each type of remuneration, and other terms and justification. For purposes of preparing equipment requested, provide a conditions that structure or define the the budget and budget justification, description of the equipment, the cost relationship. ‘‘Federal resources’’ refers only to the per unit, the number of units, the total Budget and Budget Justification: ACF grant for which you are applying. cost, and a plan for use on the project, Provide line item detail and detailed Non-Federal resources are all other as well as use or disposal of the calculations for each budget object class Federal and non-Federal resources. It is equipment after the project ends. An identified on the Budget Information suggested that budget amounts and applicant organization that uses its own form. Detailed calculations must computations be presented in a definition for equipment should provide include estimation methods, quantities, columnar format: first column, object a copy of its policy or section of its unit costs, and other similar quantitative class categories; second column, Federal policy, which includes the equipment detail sufficient for the calculation to be budget; next column(s), non-Federal definition. duplicated. The detailed budget must budget(s); and last column, total budget. • Supplies: Costs of all tangible also include a breakout by the funding The budget justification should be a personal property other than that sources identified in Block 15 of the SF– narrative. included under the Equipment category. 424. Provide a narrative budget • Personnel: The description of the Justification: Specify general categories justification that describes how the costs of employee salaries and wages. of supplies and their costs. Show categorical costs are derived. Discuss Identify the project director or principal computations and provide other the necessity, reasonableness, and investigator, if known. For each staff information that supports the amount allow-ability of the proposed costs. person, provide the title, time requested. Geographic Location: Describe the commitment to the project (in months), • Contractual: Costs of all contracts precise location of the project and or time commitment to the project (as a for services and goods except for those, boundaries of the area to be served by percentage or full-time equivalent), which belong under other categories the proposed project. Maps or other annual salary, grant salary, wage rates, such as equipment, supplies, graphic aids may be attached. etc. Do not include the costs of construction, etc. Third-party evaluation

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contracts (if applicable) and contracts when an indirect cost rate is requested, activities to those objectives and with secondary recipient organizations, those costs included in the indirect cost activities that will be funded with ANA including delegate agencies and specific pool should not also be charged as grant funds. (Letters of Commitment are project(s) or businesses to be financed direct costs to the grant. Also, if the included in the Appendix). by the applicant, should be included applicant is requesting a rate which is Objectives and Need for Assistance under this category. Justification: All less than what is allowed under the (20 Points). Applicant should show a procurement transactions shall be program, the authorized representative clear relationship between the proposed conducted in a manner to provide, to of the applicant organization must project, the social and economic the maximum extent practical, open and submit a signed acknowledgement that development strategy, and the free competition. Recipients and sub- the applicant is accepting a lower rate community’s long-range goals. The need recipients, other than States that are than allowed. for assistance should clearly identify the required to use Part 92 procedures, must • Program Income: The estimated physical, economic, social, financial, justify any anticipated procurement amount of income, if any, expected to be governmental, and institutional action that is expected to be awarded generated from this project. challenges and problem(s) requiring a without competition (sole source) and Justification: Describe the nature, solution that supports the funding exceed the simplified acquisition source, and anticipated use of program request. Describe the community (see threshold fixed at 41 U.S.C. 403(11) income in the budget or refer to the Definitions) to be affected by the project (currently set at $100,000.). Recipients pages in the application, which contain and the community involvement in the may be required to make available to this information. project. The Applicant should describe ANA pre-award review and • Non-Federal Resources: Amounts of the community’s long-range goals, the procurement documents, such as non-Federal resources that will be used community planning process, and how request for proposals or invitations for to support the project as identified in the project supports the community bids, independent cost estimates, etc. Block 15 of the SF–424. Justification: goals. The applicant should describe Note: Whenever the applicant intends to The firm commitment of these resources how the proposed goals, objectives, and delegate part of the project to another must be documented and submitted activities reflect either the economic agency, the applicant must provide a with the application in order to be given and social development or governance detailed budget and budget narrative for credit in the review process. A detailed needs of the local community. Discuss each delegate agency, by agency title, budget must be prepared for each the geographic location of the project along with the required supporting budget period. and where the project and grant will be information referred to in these • Total Direct Charges, Total Indirect administered. instructions. Charges, and Total Project Costs. Applications from National and • Other: Enter the total of all other Evaluation Criteria: ANA Regional Indian and Native costs. Such costs, where applicable and organizations must clearly demonstrate appropriate, may include but are not Approach (25 Points). The a need for the project, explain how the limited to insurance, food, medical and Applicant’s narrative should be clear project originated, identify the intended dental costs (noncontractual), and concise. The applicant should beneficiaries, describe and relate the professional services costs, space and provide a detailed project description actual project benefits to the community equipment rentals, printing and with goals and objectives. It should and organization, and describe a publication, computer use, training discuss the project strategy and community-based project delivery costs, such as tuition and stipends, staff implementation plan over the project strategy. National Indian and Native development costs, and administrative period. Applicant should also describe organizations should also identify their costs. Justification: Provide the project strategy using the Objective membership and specifically discuss computations, a narrative description, Work Plan (OWP). In the OWP, the how the organization operates and and a justification for each cost under applicant should identify the project impacts Native American people and this category. objectives, time frames, proposed communities. Proposed project • Indirect Charges: Total amount of activities, outcomes, and evaluation objectives support the identified need indirect costs. This category should be activity, as well as the individuals and should be measurable. used only when the applicant currently responsible for completing the Organizational Profile (20 Points). has an indirect cost rate approved by the objectives and performing the activities. Provide information on the management Department of the Interior, Department Applicant should summarize how the structure of the Applicant and the of Labor, the Department of Health and project description, objective(s), organizational relationships with its Human Services (HHS), or other Federal approach, strategy and implementation cooperating partners. Include agency. Justification: An applicant that plan are inter-related. The applicant organizational charts that indicate how will charge indirect costs to the grant should also include the names and the proposed project will fit into the must enclose a copy of the current rate activities of any organizations, existing structure. Demonstrate agreement. If the applicant organization consultants, or other key individuals experience in the program area. is in the process of initially developing who will contribute to the project. The Describe the Applicant’s capabilities or renegotiating a rate, it should Applicant should discuss ‘‘Leveraged such as the administrative structure, its immediately upon notification that an Resources’’ (see Definitions) used to ability to administer a project of the award will be made, develop a tentative strengthen and broaden the impact of proposed scope and its capacity to indirect cost rate proposal based on its the proposed project. The Applicant fulfill the implementation plan. If most recently completed fiscal year in should discuss how commitments and relevant to the project, applicants must accordance with the principles set forth contributions from other entities will provide a Business Plan or any Third- in the cognizant agency’s guidelines for enhance the project. Applicant should Party Agreements (not counted in establishing indirect cost rates, and provide ‘‘Letters of Commitment’’ that Appendix page limit). Applicants are submit it to the cognizant agency. identify the time, dollar amount, and required to affirm that they will credit Applicants awaiting approval of their activity to be accomplished through the Administration for Native indirect cost proposals may also request partnerships. Applicants should discuss Americans, and reference the ANA indirect costs. It should be noted that the relationship of non-ANA funded funded project on any audio, video,

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and/or printed materials developed in the number of community partnerships which another agency or organization whole or in part with ANA funds. formed. In this section the applicant will support a project funded with ANA Applicants should list all current will indicate how it will measure the funds. These resources may be human, sources of federal funding, the agency, success of the separate project natural, or financial, and may include purpose, amount, and provide the most components and the project as a whole. other Federal and non-Federal recent certified signed audit letter for Applicant should describe how the resources. For example, a letter from the organization to be included in Part success of the project would be another Federal agency or foundation One of the application. If the applicant evaluated and verified by an pledging a commitment of $200,000 in has audit exceptions, these issues independent program monitoring and construction funding to complement should be addressed. evaluation team. Applicant should proposed ANA funded pre-construction Applicant should provide ‘‘staffing provide a narrative on the specific activity is evidence of a firm funding and position data’’ to include a performance indicators that can be commitment. Statements that additional proposed staffing pattern for the project analyzed, measured, monitored, and funding will be sought from other where the Applicant highlights the new evaluated. For example, if requesting specific sources are not considered a project and staff. Positions discussed in funds for a conference, workshop, or an binding commitment of outside this section must match the positions educational activity, the applicant resources. Letters of Support merely identified in the Objective Work Plan should discuss the value and long-term express another organization’s and in the proposed budget. Note: impact to the participants and the endorsement of a proposed project. Applicants are strongly encouraged to community and explain how the Support letters are not binding give preference to qualified Native information relates to the project goals, commitment letters and do not factually Americans in hiring project staff and in objectives and outcomes. The applicant establish the authenticity of other contracting services under an approved should discuss how the project will be resources and do not offer or bind ANA grant. Applicant should provide a completed, or self-sustaining, or specific resources to the project. paragraph on the duties and skills supported by other than ANA funds at If an applicant plans to charge or required for the proposed staff and a the end of the project period. Applicants otherwise seek credit for indirect costs paragraph on qualifications and should discuss and present objectives in its ANA application, a current copy experience of current staff (Full position and goals to be achieved and evaluated of its Indirect Cost Rate Agreement descriptions are required to be at the end of each budget period. Project should be included in the application, submitted in the Appendix). Applicant outcomes support the identified need with all cost broken down by category should explain and discuss how the and should be measurable. so ANA reviewers can be certain that no current and future staff will manage the Budget and Budget Justification/Cost budgeted line items are included in the proposed project. Brief biographies of Effectiveness (10 Points). Budget and indirect cost pool. Applicants that do key positions or individuals should be Budget Justification: An applicant must not submit a current Indirect Cost Rate included. submit an itemized budget detailing the Agreement, may not be able to claim the Results or Benefits Expected (20 applicant’s Federal and non-Federal allowable cost, may have the grant Points). In this section the applicant share and cite source(s) of funding. The award amount reduced, or result in a should discuss the ‘‘Performance applicant should provide a detailed line delay in grant award. Indicators’’ (see Definitions) and the item Federal and non-Federal share Applicants are encouraged to include benefits expected as a result of this budget by year for each year of project sufficient funds for principal project. Performance indicators identify funds requested. A budget narrative representatives, such as the applicant’s qualitative and quantitative data describing the line item budget should chief financial officer or project director directly associated with the project. be attached for each year of project to travel to one ANA post-award grant Each applicant should select five funds requested. The budget should training and technical assistance indicators to support the applicant’s include a line item justification for each workshop. This expenditure is project. Three performance indicators Object Class Category listed under allowable for new grant recipients and may be selected from the list of six Section B—‘‘Budget Categories’’ of the optional for grantees that have had below. Each grantee is required to ‘‘Budget Information-Non Construction previous ANA grant awards, and will be develop two additional indicators Programs’’ on the SF 424A form. The negotiated upon award. Applicants may specific to the project that directly budget should include the necessary also include costs to travel to an ANA support the goals and objectives. For details to facilitate the determination of grantee conference. each performance indicator selected the allowable costs and the relevance of For business development projects, applicant should discuss the relevance these costs to the proposed project. the proposal should demonstrate that of the data, the method for collecting the Applicant should briefly explain its the expected return on the ANA funds data, and the evaluation process. existing operational budget and any used to develop the project will provide Performance indicators will be reported additional anticipated funding a reasonable operating income and to ANA in the grantee’s quarterly report. including unique financial investment return within a specified Three of the five performance indicators circumstances, with potential impact on time period. If a profit-making venture required, should be selected from the the project such as upcoming monetary is being proposed, profits should be following list: (1) The number of jobs or land settlements, and how the reinvested in the business in order to created; (2) the number of people to proposed project fits in the overall decrease or eliminate ANA’s future successfully complete a workshop/ budget. Applicant should explain why it participation. Such revenue should be training; (3) the number of community- cannot apply other funding resources to reported as general program income. A based small businesses established or cover the ANA portion of funding. decision will be made at the time of the expanded; (4) identification of tribal or The non-federal budget share should grant award regarding appropriate use of village government business, industry, identify the source and be supported by program income. (See 45 CFR part 74 energy or financial codes or ordinances letters of commitment (see Definitions). and part 92). that were adopted or enacted; (5) the Letters of commitment are binding Cost Effectiveness: This criterion number of children, youth, families or when they specifically state the nature, reflects ANA’s concern with ensuring elders assisted or participating; and (6) the amount, and conditions under that the expenditure of its limited

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resources yields the greatest benefit Agency’s decision. Applicants may also parties. The Commissioner makes grant possible in achieving the economic and appeal an ANA decision that an awards consistent with the purpose of social self-sufficiency for Native applicant’s proposed activities are the Native American Programs Act American communities. Applicants ineligible for funding consideration. The (NAPA), all relevant statutory and demonstrate this by: Summarizing appeals process is stated in the final regulatory requirements, this program partnerships and the efficient use of rule published in the Federal Register announcement, and the availability of leveraged resources; explaining the on August 19, 1996 (61 FR 42817 and appropriated funds. The Commissioner impact on the identified community 45 CFR part 1336, subpart C). reserves the right to award more, or less, through measurable project outcomes; Competitive Review Process: than the funds described or under such and presenting a project that is Applications that pass the initial ANA circumstances as may be deemed to be completed, or self-sustaining or screening process will be analyzed, in the best interest of the Federal supported by other than ANA funds by evaluated and rated by an independent government. Applicants may be the end of the project period. review panel on the basis of the required to reduce the scope of projects Introduction and Project Summary/ Evaluation Criteria specified. The based on the amount of approved Project Abstract (5 Points). Using the evaluation criteria were designed to award. ANA Project Abstract form, the analyze and assess the quality of a applicant should provide a Project proposed community-based project, the VI. Award Administration Information Introduction. The Introduction will likelihood of its success, and the ability 1. Award Notices provide the reader an overview and to monitor and evaluate community some details of the proposed project. impact and long-term results. The Approximately 120 days after the This is where the project is introduced evaluation criteria and analysis are application due date, the successful to the peer review panel. Identify the closely related and are wholly applicants will be notified by mail name of the applicant, location of the considered in judging the overall quality through the issuance of a Financial community to be served by the of an application. In addition, the Assistance Award document which will proposed project, the project activities, evaluation criteria will standardize the set forth the amount of funds granted, funding amount requested, amount of review of each application and the terms and conditions of the grant, matching funds to be provided, the distribute the number of points more the effective date of the grant, the length of time required to accomplish equitably. Applications will be budget period for which initial support the project, and the outcomes or outputs evaluated in accordance with the will be given, the non-Federal share to to be achieved. program announcement criteria and be provided and the total project period ANA’s program areas of interest. A for which support is contemplated. The 2. Review and Selection Process determination will be made as to Financial Assistance Award will be Initial Screening: Each application whether the proposed project is an signed by the Grants Officer and sent to submitted under an ANA program effective use of federal funds. the applicants Authorizing Official. announcement will undergo a pre- Application Review Criteria: ANA has Organizations whose applications will review screening to determine if (a) the expanded the review criteria to allow not be funded will be notified in application was received by the Program for a more equitable distribution of writing. Announcement closing date; (b) the points during the application review 2. Administrative and National Policy application was submitted in and competition process. The use of the Requirements accordance with section IV six criteria distributes the number of ‘‘Application and Submission points more equitably. Based on the 45 CFR part 74, 45 CFR part 92, and Information’’; (c) the applicant is ACF Uniform Project Description, 45 CFR part 1336, subpart C and 42 eligible for funding in accordance with ANA’s criteria categories are Project U.S.C. Section 2991 et seq.—Native section III ‘‘Eligibility Information’’; (d) Introduction; Objectives and Need for American Programs Act of 1974. the applicant has submitted the proper Assistance; Project Approach; Paperwork Reduction Act of 1995 support documentation such as proof of Organizational Capacity; Results and (Pub. L. 104–13): Public reporting non-profit status, resolutions, and Benefits Expected; and Budget and burden for this collection of information required government forms; (e) an Budget Narrative. is estimated to average 120 hours per authorized representative has signed the As non-Federal reviewers will be response, including the time for application; and (f) applicant has a used, applicants have the option of reviewing instructions, gathering and DUNS number. An application that does omitting from the application copies maintaining the data needed and not meet one of the above elements will (not original) specific salary rates or reviewing the collection information. be determined to be incomplete and amounts for individuals specified in the The project description is approved excluded from the competitive review application budget and Social Security under OMB control number 0970–0139 process. Applicants, with an incomplete Numbers, if otherwise required for which expires 3/31/04. The Survey on application, will be notified by mail individuals. The copies may include Ensuring Equal Opportunity for within 30 business days from the summary salary information. Applicants form is approved under closing date of this program Application Consideration: The OMB control number 1890–0014 which announcement. ANA staff cannot Commissioner’s funding decision is expires 1/31/06. respond to requests for information based on an analysis of the application regarding funding decisions prior to the by the review panel, the panel review 3. Reporting Requirements official applicant notification. After the scores and recommendations; an Programmatic Reports: Quarterly. Commissioner has made funding analysis by the ANA staff, review of Financial Reports: Quarterly. decisions, unsuccessful applicants will previous ANA grant past performance An original and one copy of each be notified in writing within 90 days. (includes timely reporting and performance report and financial status Applicants are not ranked based on successful grant close-out); comments report must be submitted to the Grants general financial need. Applicants, who from State and Federal agencies having Officer. Failure to submit these reports are initially excluded from competition contract and grant performance related when required will mean the grantee is because of ineligibility, may appeal the information, and other interested non-compliant with the terms and

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conditions of the grant award and assisting individual villages in the trade activities for Native American subject to administrative action or development and implementation of products, services, and communities. termination. Performance reports are their own locally determined strategies, Business sectors of interest include: the submitted 30 days after each quarter (3- which capitalize on opportunities export of Native American packaged month intervals) of the budget period. afforded to Alaska Natives under the foods; arts and crafts; literature and The final performance report, due 90 Alaska Native Claims Settlement Act music; manufactured products; days after the project period end date, (ANCSA). agricultural and organic products; shall cover grantee performance during The Program Areas of Interest are value-added product assembly or the entire project period. All grantees projects that ANA considers supportive processing that includes agriculture and shall use the SF 269 (Long Form) to to Native American communities. aquaculture. report the status of funds. Grantees shall Although eligibility for funding is not • Projects to develop and enhance submit semi-annual Financial Status restricted to the projects of the type subsistence activities that retain, or re- Reports that shall be due 30 days after listed under this program establish Native traditional foods and or each quarter (3-month intervals) of the announcement, these Areas of Interest by-products of natural resources for budget period. The final report shall be are ones which ANA sees as particularly local and commercial markets. Develop due 90 days after the end of the project beneficial to the development of healthy and/or strengthen the local economy period. Native American communities. through enhanced commercial trade in Economic Development: Involves the areas such as agriculture, aquaculture, VII. Agency Contacts promotion of the physical, commercial, lumber, and traditional arts and crafts. Program Office Contact: ANA technological, industrial, and/or Social Development: The investment Applicant Help Desk, 370 L’Enfant agricultural components necessary for a in human and social capital for Promenade SW, Aerospace Center, 8- sustainable local community. advancing people’s well-being. West, Washington, DC 20447, Applicants are encouraged to develop Applicants are encouraged to develop Telephone: 202–690–7776 or toll free at sustainable projects to support and implement culturally appropriate 1–877–922–9262, E-mail: sustainable, stable, and diversified programs to enhance tribal, community, [email protected]. private sector local economies. Program and village activities. Social Grants Management Office Contact: Areas of Interest include: development programs under this area Lois B. Hodge, 370 L’Enfant Promenade, • Projects to strengthen an support families, elders, parents, SW., Aerospace Building 8th Floor- organization’s capacity to deliver positive youth development, healthy West, Washington, DC 20447–0002, business technical assistance, marriage, individuals with disabilities, Telephone: (202) 401–2344, E-mail: workshops, financial literacy programs, and personal commitment. [email protected]. and that create, expand, and retain Program Areas of Interest include: • Healthy Relationships and VIII. Other Information public and private sector community- based businesses. Strengthening Families Initiative: The Training and Technical Assistance: • Projects to increase cooperative goal is to promote healthy family All potential ANA applicants are enterprise development activities, and environments and strengthen co- eligible to receive free T&TA in the technical capacity of youth to establish parenting teamwork, problem-solving, SEDS, Language, or Environmental and operate cooperative businesses with and conflict resolution. To respond to program areas. Prospective applicants the goal of teaching financial, this initiative, applicants should should check ANA’s web site for management and long-term employment consider comprehensive projects that training and technical assistance dates skills. are culturally and socially appropriate and locations, or contact the ANA Help • Projects to plan and coordinate to teach couples relationship-building Desk at 1–877–922–9262. Due to the emergency response services within the skills, such as negotiation-based new application and program additions community and with State and local interpersonal communications, and modifications, ANA strongly governments to protect against Acts of collaborative problem solving, and encourages all prospective applicants to Nature and other catastrophic events preservation of love, commitment, and participate in free pre-application such as fire, floods, and environmental friendship. Applicants are encouraged training. catastrophes. to be creative in their efforts to integrate • elders into these projects to support Program Area 2 Projects to implement initiatives based on a feasibility study that traditional values and methods. Alaska Social and Economic assessed the economic potential of Initiatives could address problematic Development Strategies for Native energy resources in their community, periods in the family life cycle such as: Americans: In fiscal year 1984, ANA including renewable energy sources pregnancy, postpartum care, first-time implemented a special Alaska Social such as: Bio-energy, Geothermal, parenthood, parenting adolescents, and and Economic Development initiative to Hydrogen, Hydropower, Ocean, Solar, goal setting for independent young support activities at the village level. Wind, or other methods appropriate to adults. This special effort was designed to the tribe and geographical location. • Projects to strengthen the long-term provide small amounts of project seed • Projects to develop community commitment of married couples. money for village-specific projects to transportation activities that support the Projects should consider the improve and strengthen the capacity of needs of the elderly, the disabled, and enhancement of relationship skills village governments, an integral part of the local workforce. through premarital counseling, social and economic self-sufficiency. • Projects to develop organizational mentoring activities, or role model ANA continues to implement this and management capacity building activities. special initiative with a renewed activities that enhance community- • Projects to support young families awareness that economic, social and based program delivery systems and in order to reduce the challenges and governance development is interrelated. services. stress of child rearing, and the risks ANA believes both the non-profit and • Projects to develop and implement associated with child/infant abuse and for-profit corporations in Alaska can community-based activities that neglect, strengthening the bonds play an important supportive role in increase International Tourism and between parents and children, and

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particularly between fathers and and functions, by-laws or codes, and communities to address the needs of children and the fathers’ role in healthy council or executive branch duties in people with disabilities, and invites families. order to improve the regulatory, judicial eligible faith-based and community • In partnership with community and and/or administrative infrastructure of organizations to apply. or faith-based organizations, develop tribal and village governments. Proof of Non-Profit Status: Any non- and implement comprehensive profit organization submitting an culturally and socially appropriate II. Award Information application must submit proof of its projects to help youth practice personal Applications from Alaska Native non-profit status in its application at the responsibility; reach a balance in their entities may submit under either SEDS time of submission. The non-profit lives by learning how to set and meet or Alaska SEDS but not both program agency can accomplish this by short- and long-term goals; and to areas. The SF 424 must clearly indicate providing: practice healthy lifestyles with the goal the correct program area. • a reference to the applicant of decreasing gang activity, school drop Funding Instrument Type: Grant. organization’s listing in the Internal out rates and juvenile delinquency. Anticipated Total Program Area Revenue Service’s (IRS) most recent list • Projects to recruit, train, and certify Funding: $2,000,000. of tax-exempt organizations described in new Native American foster parents or Anticipated Number of Awards: 10– the IRS Code; or promote appropriate extended family 20. • a copy of the currently valid IRS tax placements or to assist abused, Average Projected Award Amount: exemption certificate; or neglected, and abandoned Native $25,000–$125,000 for Individual • a statement from a State taxing American children, youth, and their Village Projects. body, State Attorney General, or other families. $25,000–$175,000 for Regional Non- appropriate State official certifying that • Projects to develop, coordinate, and profit and Village Consortia. the applicant organization has a non- implement training for Native Length of Project Period: 12, 17, 24, or profit status and none of the net Americans with disabilities in order to 36 months. earnings accrue to any private join the workforce, obtain information Ceiling on Amount of Individual shareholders or individuals; or • and technical assistance to apply for Awards: a certified copy of the disability benefits, gain access to $175,000 for Regional Non-profit and organization’s certificate of workplace facilities, and receive Village Consortia. incorporation or similar document that reasonable accommodations necessary $125, 000 for Individual Village clearly establishes non-profit status; or • to perform job functions. Projects. any of the items in the Governance: Involves assistance to An application that exceeds the upper subparagraphs immediately above for a Tribal and Alaska native Village value of the dollar range specified will State or national parent organization government leaders to increase their be considered ‘‘non-responsive’’ and be and a statement signed by the parent ability to execute local control and returned to the applicant without organization that the applicant decision-making over their resources. further review. organization is a local non-profit ANA encourages applications for the Floor Amount: $25,000. affiliate. development of laws and policies that Resolution: Applicants are required to support community-based social, III. Eligibility Information include a current signed Resolution (a economic and governance activities. 1. Eligible Applicants formal decision voted on by the official governing body) in support of the Governance projects under this area • may be used for leadership and Federally Recognized Indian tribes project for the entire project period. The in Alaska; Resolution must indicate who is management training or to assist eligible • applicants in the development of laws, Alaska Native villages, as defined in authorized to sign documents and regulations, codes, policies, and the Alaska Native Claims Settlement Act negotiate on behalf of the Tribe or practices that support and promote (ANSCA) and/or non-profit village organization. The Resolution should consortia; indicate that the community was community-based activities. Program • Areas of Interest include: Incorporated non-profit Alaska involved in the project planning • Projects to enact laws that support Native multi-purpose community-based process, and indicate the specific dollar and enforce business and investment organizations; amount of any non-federal matching • transactions, contracts, and property Non-profit Alaska Native Regional funds (if applicable). Corporations/Associations in Alaska rights. For example, develop and 2. Cost Sharing or Matching implement Uniform Commercial Codes with village specific projects; and • (business codes) and Tax Codes. Non-profit Native organizations in Grantees must provide at least 20 • Projects to enact laws, ordinances, Alaska with village specific projects. percent of the total approved cost of the and policies, to develop, expand, and/ Additional Information on Eligibility: project. The total approved cost of the or enhance utility and communications Please refer to section I ‘‘Funding project is the sum of the ACF share and infrastructures. Opportunity Description’’ to review the non-federal share. The required • Projects to enrich and strengthen general ANA Administrative Policies for match can be computed by dividing the management and leadership skills of any applicable statutory policies total Federal funds by 80 percent for senior Tribal government personnel, pertaining to application eligibility. total project costs then subtracting the and senior management personnel of In support of the Presidential Federal portion. The remainder is the tribally owned companies. Executive Orders on Asian American required match. Therefore, a project • Projects to establish and implement and Pacific Islanders, Community-based requesting $100,000 in Federal funds technology management information Alternatives for Individuals with (per budget period) must provide a systems to assist with the effective and Disabilities, and Faith-based and match of at least $25,000 ($100,000/80% efficient administration of tribal Community Organizations, ANA = $125,000¥$100,000 = $25,000) which government programs. encourages greater participation from is 20% of the total approved cost. • Projects to develop or amend tribal Hawaiian and Pacific Islander Grantees will be held accountable for constitutions, government procedures communities, encourages Native commitments of the non-Federal

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resources even if over the amount of the general ANA Administrative Policies for maximum points, which are directly required match. Failure to provide the any applicable statutory policies related to ANA’s funding review non-Federal share match will result in pertaining to application content and decisions. the disallowance of Federal match. A form. ANA Application Format: This format request for a waiver of the non-Federal Application Submission: An original applies to all applicants submitting share requirement may be submitted in and two copies of the complete applications for funding. ANA will now accordance with 45 CFR 1336.50(b)(3) of application are required. The original require all applications to be labeled in the Native American Program copy must include all required forms, compliance with the format provided in regulations. certifications, assurances, and the program announcement. All pages appendices, be signed by an authorized 3. Other (if applicable) submitted (including Government representative, have original signatures, Forms, certifications and assurances) DUNS Number: On June 27, 2003, the and be submitted unbound. The two should be numbered consecutively. The Office of Management and Budget additional copies of the complete paper size shall be 81⁄2 x 11 inches, line published in the Federal Register a new application must include all required spacing shall be a space and a half (1.5 Federal policy applicable to all Federal forms, certifications, assurances, and line spacing), printed only on one side, grant applicants after giving notice in appendices and must also be submitted and have a half-inch margin on all sides the Federal Register on June 27, 2002 unbound. A complete application for of the paper. The font size should be no and opportunity for public comment. assistance under this Program smaller than 12-point and the font type The policy requires all Federal grant Announcement consists of Three Parts. shall be Times New Roman. These applicants to provide a Dun and Part One is the SF 424, Required requirements do not apply to the project Bradstreet Data Universal Numbering Government Forms, and other required Abstract Form, Letters of Commitment, System (DUNS) number when applying documentation. Part Two of the the Table of Contents, and the Objective for Federal grants or cooperative application is the project substance of Work Plan. agreements on or after October 1, 2003. the application. This section of the Forms and Assurances: The project application may not exceed 45 pages. The DUNS number will be required description should include all the Part Three of the application is the whether an applicant is submitting a information requirements described in Appendix. This section of the paper application or using the the specific evaluation criteria outlined application may not exceed 20 pages government-wide electronic portal in the program announcement under (the exception to this 20 page limit (www.Grants.Gov). A DUNS number Part V. In addition to the project applies only to projects that require, if will be required for every application description, the applicant needs to relevant to the project, a Business Plan for a new award or renewal/ complete all the standard forms or any Third-Party Agreements). continuation of an award, including required for making applications for applications or plans under mandatory Electronic Submission: While ACF does have the capability to receive awards under this announcement. grant programs, submitted on or after Applicants requesting financial October 1, 2003. A DUNS number may program announcement applications electronically through Grants.gov, assistance for non-construction projects be acquired at no cost by calling the must file the Standard Form 424B, dedicated toll-free DUNS number electronic submission of applications will not be available for this particular ‘‘Assurances: Non-Construction request line on 1–866–705–5711 or you Programs.’’ Applicants must sign and may request a number on-line at http:/ announcement. There are required application form(s) specific to ANA that return the Standard Form 424B with /www.dnb.com. their applications. Applicants must Applications exceeding the $175,000 have not yet received clearance from Grants.gov. While electronic submission provide a certification regarding for Regional Non-profit and Village of applications may be available in the lobbying when applying for an award in Consortia or $125,000 for Individual next fiscal year for this program, no excess of $100,000. Applicants must Village Projects thresholds will be electronic submission of applications sign and return the certification with returned without review. will be accepted for this announcement their applications. Applicants must Applications that fail to include the this year as they would be missing those disclose lobbying activities on the required amount of cost-sharing will be required ANA forms and be considered Standard Form LLL when applying for considered non-responsive and will not incomplete. an award in excess of $100,000. be eligible for funding under this Organization and Preparation of Applicants who have used non-Federal announcement. Application: Due to the intensity and funds for lobbying activities in IV. Application and Submission pace of the application review and connection with receiving assistance Information evaluation process, ANA strongly under this announcement shall recommends applicants organize, label, complete a disclosure form, if 1. Address To Request Application and insert required information in applicable, with their applications. The Package accordance with Part One, Part Two and forms (Forms 424, 424A–B; and The ANA regional Training and Part Three as presented in the charts Certifications may be found at: Technical Assistance (T/TA) provider below. The application should begin www.acf.hhs.gov/programs/ofs/ at: Native American Management with the information requested in Part forms.htm. Fill out Standard Forms 424 Services, Inc., 11723 Old Glenn One of the chart in the prescribed order. and 424A and the associated Highway, Suite 201, Eagle River, Alaska Utilizing this format will insure all certifications and assurances based on 99577, Toll Free 877–770–6230, (907) information submitted to support an the instructions on the forms. 694–5711, Fax (907) 694–5775, P.J. Bell, applicant’s request for funding is Private, non-profit organizations are Project Manager, E-mail: [email protected], thoroughly reviewed. Submitting encouraged to submit with their www.anaalaska.org. information in this format will assist the applications the survey located under panel reviewer in locating and ‘‘Grant Related Documents and Forms’’ 2. Content and Form of Submission evaluating the information. Deviation titled ‘‘Survey for Private, Non-Profit Please refer to section I ‘‘Funding from this suggested format may reduce Grant Applicants.’’ The forms are Opportunity Description’’ to review the applicant’s ability to receive located on the web at www.acf.hhs.gov/

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programs/ofs/forms.htm (OMB No. containing the application with the note application with the note ‘‘Attention: 1890–0014 Exp.1/31/06). ‘‘Attention: Lois B. Hodge’’. Applicants Lois B. Hodge’’. Applicants are are cautioned that express/overnight cautioned that express/overnight mail 3. Submission Date and Time mail services do not always deliver as services do not always deliver as agreed. The closing time and date for receipt agreed. Late Applications: Applications that of applications is 4:30 p.m. (Eastern Hand Delivery: The Application shall do not meet the Deadline criteria above Standard Time) on April 23, 2004. be considered as meeting an announced will be considered late applications. Mailed or hand-delivered applications deadline if received on or before the ACF will notify each late applicant that received after 4:30 p.m. on the closing deadline date, between the hours of 8 its application will not be considered date will be classified as late. a.m. to 4:30 p.m., Monday through for review in the current competition. Deadline: Mailed applications shall be Friday (excluding Federal holidays). Extension of Deadline: ACF may considered as meeting an announced Applications may be delivered to U.S. extend application deadlines when deadline if received on or before the Department of Health and Human circumstances such as acts of God deadline time and date at the U.S. Services, Administration for Children (floods, hurricanes, etc.) occur, when Department of Health and Human and Families, Office of Grants there are widespread disruptions of mail Services, Administration for Children Management, Division of Discretionary service. Determinations to extend or and Families, Office of Grants Grants, ACF Mail Room, Second Floor waive deadline requirements rest with Management, Division of Discretionary Loading Dock, Aerospace Center, 901 D the Chief Grants Management Officer. Grants, 370 L’Enfant Promenade, SW., Street, SW., Washington, DC 20024. Required Forms: All requirements for Washington, DC 20447. This address This address must appear on the submission are due on or before the must appear on the envelope/package envelope/package containing the deadline date.

PART ONE.—FEDERAL FORMS AND OTHER REQUIRED DOCUMENTS

Content and location of part one required forms, certifications, and doc- Part one must include the following: uments

SF 424, SF 424 A, and SF 424B ...... http://www.acf.hhs.gov/programs/ofs/forms.htm. Table of Contents ...... Applicant must include a table of contents that accurately identifies the page number and where the information can be located. Table of Contents does not count against application page limit. Project Abstract...... ANA Form: OMB Clearance Number 0980–0204 http:// www.acf.hhs.gov/programs/ana. Proof of Non-Profit Status ...... As described in this announcement under ‘‘Other Eligibility Informa- tion.’’ Resolution ...... Information for submission can be found in the Program Announce- ment Section ‘‘Other Eligibility Information.’’ Documentation that the Board of Directors is majority Native American, As described in this announcement under ‘‘ANA Administrative Poli- if applicant is other than a tribe or Alaska Native Village government. cies’’ section. Audit Letter ...... A Certified Public Accountant’s ‘‘Independent Auditors’’ Report on Fi- nancial Statement.’’ This is usually only a two to three page docu- ment. (This requirement applies only to applicants with annual ex- penditures of $300,000 or more of federal funds). Applicant must also include that portion of the audit document that identifies all other federal sources of funding. Indirect Cost Agreement ...... Organizations and Tribes must submit a current indirect cost agree- ment (if claiming in-direct costs) that aligns with the approved ANA project period. The In-direct Cost Agreement must identify the indi- vidual components and percentages that make up the indirect cost rate. Non-Federal Share of Waiver Request, per 45 CFR 1336.50(b) ...... A request for a waiver of the non-Federal share requirement may be submitted in accordance with 45 CFR 1336.50(b)(3) of the Native American Program regulations (if applicable). Certification regarding Lobbying ...... May be found at www.acf.hhs.gov/programs/ofs/forms.htm. Certification regarding Maintenance of Effort ...... May be found at www.acf.hhs.gov/programs/ofs/forms.htm. Environmental Tobacco Smoke Certification ...... May be found at http://www.acf.hhs.gov/programs/ofs/forms.htm.

PART TWO.—APPLICATION REVIEW CRITERIA

Part two—proposed project Application review criteria: This section may not exceed 45 pages

Criteria One (5 pts) ...... Introduction and Project Summary/Project Abstract. Criteria Two (20 pts) ...... Objectives and Need for Assistance. Criteria Three (25 pts) ...... Approach: Include an Objective Work Plan (OWP) form for each year of project period. 17-month project periods need only to submit one OWP. Criteria Four (20 pts) ...... Organizational Profile. Criteria Five (20 pts) ...... Results or Benefits Expected. Criteria Six (10 pts) ...... Budget and Budget Justification Summary/ Cost Effectiveness.

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PART THREE.—APPENDIX

Appendix

Part three—support documentation ...... This section may not exceed 20 pages. Part Three includes only supplemental information or required support documentation that addresses the applicant’s capacity to carry out and ful- fill the proposed project. These items include: letters of agreement with cooperating entities, in-kind commitment and support letters, business plans, and a summary of the Third Party Agreements. Do not include books, videotapes, studies or published reports and articles, as they will not be made available to the reviewers, or be returned to the applicant.

Additional Forms: Private-non-profit located under ‘‘Grant Related for Private, Non-Profit Grant organizations may submit with their Documents and Forms’’ titled ‘‘Survey Applicants’’. applications the additional survey

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

Survey for Private, Non-Profit Grant Appli- Per required form ...... May be found on http://www.acf.hhs.gov/pro- By application due cants. grams/ofs/form.htm. date.

4. Intergovernmental Review not authorized by the Native American and Families, Office of Grants Programs Act of 1974, as amended. Management, Division of Discretionary Applications are not subject to • Objectives or activities to support Grants, Attention: Lois B. Hodge, 370 Executive Order 12372. core administration activities of an L’Enfant Promenade, SW., Washington, 5. Funding Restrictions organization. However, functions and DC 20447. activities that are clearly project related For Hand Delivery: The application ANA does not fund: • are eligible for grant funding. Under shall be considered as meeting an Activities in support of litigation Alaska SEDS projects, ANA will announced deadline if received on or against the United States Government consider funding core administrative before the deadline date, between the that are unallowable under OMB capacity building projects at the village hours of 8 a.m. to 4:30 p.m., Monday Circulars A–87 and A–122. government level if the village does not through Friday (excluding Federal • Duplicative projects or does not have governing systems in place. holidays). Applications may be allow any one community to receive a • Costs associated with fund raising, delivered to U.S. Department of Health disproportionate share of the funds including financial campaigns, and Human Services, Administration for available for award. When making endowment drives, solicitation of gifts Children and Families, Office of Grants decisions on awards of grants the and bequests, and similar expenses Management, Division of Discretionary Agency will consider whether the incurred solely to raise capital or obtain Grants, ACF Mail Room, Second Floor project is essentially identical or contributions are unallowable under an Loading Dock, Aerospace Center, 901 D similar, in whole or significant part, to ANA grant award. Street, SW., Washington, DC 20024. projects in the same community • Major renovation or alteration This address must appear on the previously funded or being funded because those activities are not envelope/package containing the under the same competition. The authorized under the Native American application with the note ‘‘Attention: Agency will also consider whether the Programs Act of 1974, as amended. Lois B. Hodge.’’ Applicants are grantee is already receiving funding for • Projects originated and designed by cautioned that express/overnight mail a SEDS, Language, or Environmental consultants who provide a major role for services do not always deliver as agreed. project from ANA. The Agency will also themselves and are not members of the V. Application Review Information take into account in making funding applicant organization, Tribe, or village. decisions whether a proposed project • Project activities that do not further 1. Criteria would require funding on indefinite or the three interrelated ANA goals of Instructions: ACF Uniform Project recurring basis. This determination will economic development or social Description be made after it is determined whether development or governance, or meet the the application meets the requirements purpose of this program announcement. The UPD text should be used as for eligibility as set forth in 45 CFR part general guidance in the development of 1336, subpart C, but before funding 6. Other Submission Requirements projects. However, the specific ANA decisions are complete. Submission by Mail: An applicant application submission format to be • Projects in which a grantee would must provide an original and two copies used in response to this announcement provide training and/or technical of the application with all required is located in section IV ‘‘Application assistance (T/TA) to other tribes or forms and signed by an authorized and Submission Information’’. Native American organizations that are representative. The application must be Purpose: The Project Description is a otherwise eligible to apply for ANA received at the address below by 4:30 major area by which an application is funding. However, ANA will fund T/TA p.m. Eastern Standard Time (EST) on or evaluated and ranked in competition requested by a grantee for its own use before the closing date. Applicants are with other applications for financial or for its members’ use (as in the case cautioned that express/overnight mail assistance. The Project Description of a consortium), when the T/TA is services do not always deliver as agreed. should be concise and complete and necessary to carry out project objectives. Applications should be mailed to: U.S. should address the activity for which • The purchase of real property or Department of Health and Human Federal funds are being requested. construction because those activities are Services, Administration for Children Supporting documents should be

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included if they present information being conducted and supported (or to be on compliance with Federal/State/local clearly and succinctly. In preparing initiated) to ensure they are within the government standards, documentation your Project Description, all information scope of the program announcement. of experience in the program area, and requested through each specific Results or Benefits Expected: Identify other pertinent information. Any non- evaluation criteria should be provided. the results and benefits to be derived by profit organization submitting an ANA uses this and other information to the community and its members. For application must submit proof of its make funding decisions. It is important, example, applicants are encouraged to non-profit status in its application at the therefore, that this information be describe the qualitative and quantitative time of submission. included in the application. data collected, how this data will Third-Party Agreements: Include General Instructions: ANA is measure progress towards the stated written agreements between grantees particularly interested in specific factual results or benefits, and how and subgrantees or subcontractors or information and statements of performance indicators under economic other cooperating entities. These measurable goals and performance and social development and governance agreements must detail scope of work to indicators in quantitative terms. Project projects can be monitored, evaluated be performed, work schedules, descriptions are evaluated on a basis of and verified. remuneration, and other terms and substance, not length. Extensive exhibits Approach: Outline a plan of action conditions that structure or define the are not required. Cross-referencing that describes the scope and detail of relationship. should be used rather than repetition. how the proposed work will be Budget and Budget Justification: Supporting information that does not accomplished. Account for all functions Provide line item detail and detailed directly pertain to an integral part of the or activities identified in the calculations for each budget object class grant-funded activity should be placed application. Cite factors, which might identified on the Budget Information in the appendix. The application accelerate or decelerate the work and form. Detailed calculations must narrative should be in a 12-pitch font. state your reason for taking the include estimation methods, quantities, A table of contents and an executive proposed approach rather than others. unit costs, and other similar quantitative summary should be included. Each page Describe any unusual features of the detail sufficient for the calculation to be should be numbered sequentially, project such as design or technological duplicated. The detailed budget must including attachments or appendices. innovations, reductions in cost or time, also include a breakout by the funding Please do not include books, videotapes extraordinary social and community sources identified in Block 15 of the SF– or published reports because they are involvement or ease of project 424. Provide a narrative budget not easily reproduced, are inaccessible replication by other tribes and Native justification that describes how the to the reviewers, and will not be organizations. List organizations, categorical costs are derived. Discuss returned to the applicant. cooperating entities, consultants, or the necessity, reasonableness, and Introduction: Applicants are required other key individuals who will work on allow-ability of the proposed costs. to submit a full Project Description and the project along with a short Additional Information: The shall prepare this portion of the grant description of the nature of their effort following are requests for additional application in accordance with the or contribution. Provide quantitative information that need to be included in following instructions and the specified monthly or quarterly projections of the the application: Any non-profit evaluation criteria. The introduction accomplishments to be achieved for organization submitting an application provides a broad overview of the each function or activity in such terms must submit proof of its non-profit Project, and the information provided as the number of people served and the status in the application at the time of under each evaluation criteria expands number of activities accomplished. submission. The non-profit organization and clarifies the project program- Examples of these activities would be shall submit one of the following: (i) A specific activities and information that the number of businesses started or reference to the applicant organization’s reviewers will need to assess the expanded, the number of jobs created or listing in the Internal Revenue Service’s proposed project. retained, the number of people trained, (IRS) most recent list of tax-exempt Project Summary: Provide a summary the number of youth, couples or families organizations described in the IRS Code; of the Project Description (a page or assisted or the number elders or (ii) a copy of the currently valid IRS less) with reference to the funding participating in the activity during that tax exemption certificate; or (iii) a request. reporting period. When statement from a State taxing body, Objectives and Need for Assistance: accomplishments cannot be quantified State Attorney General, or other Clearly identify the physical, economic, by activity or function, list them in appropriate State official certifying that social, financial, institutional, and/or chronological order to show the dates the applicant organization has a non- other problem(s) requiring a solution. and schedule of accomplishments. List profit status and none of the net The need for assistance must be organizations, cooperating entities, earnings accrue to any private demonstrated and the principal and consultants, or other key individuals shareholders or individuals; or (iv) a subordinate objectives of the project who will work on the project, as well as certified copy of the organization’s must be clearly stated; supporting a short description of the nature of their certificate of incorporation or similar documentation, such as letters of effort or contribution. document that clearly establishes non- support and testimonials from Organizational Profiles: Provide profit status; or (v) any of the items in concerned interests other than the information on the applicant the subparagraphs immediately above applicant, may be included. Any organization(s) and cooperating partners for a State or national parent relevant data based on planning studies with organizational charts, financial organization and a statement signed by should be included or referred to in the statements, audit reports or statements the parent organization that the endnotes/footnotes. Incorporate from CPA/Licensed Public Accountants, applicant organization is a local non- demographic data and participant/ Employer Identification Numbers, profit affiliate. Organizations beneficiary information, as needed. In names of bond carriers, contact persons incorporating in American Samoa are developing the Project Description, the and telephone numbers, child care cautioned that the Samoan government applicant should provide information licenses and other documentation of relies exclusively upon IRS on the total range of projects currently professional accreditation, information determinations of non-profit status;

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therefore, articles of incorporation apparatus necessary to make it usable professional services costs, space and approved by the Samoan government do for the purpose for which it is acquired. equipment rentals, printing and not establish non-profit status for the Ancillary charges, such as taxes, duty, publication, computer use, training purpose of ANA program eligibility. protective in-transit insurance, freight, costs, such as tuition and stipends, staff General: The following guidelines are and installation shall be included in or development costs, and administrative for preparing the budget and budget excluded from acquisition cost in costs. Justification: Provide justification. Both Federal and non- accordance with the organization’s computations, a narrative description, Federal resources shall be detailed and regular written accounting practices.) and a justification for each cost under justified in the budget and narrative Justification: For each type of this category. justification. For purposes of preparing equipment requested, provide a • Indirect Charges: Total amount of the budget and budget justification, description of the equipment, the cost indirect costs. This category should be ‘‘Federal resources’’ refers only to the per unit, the number of units, the total used only when the applicant currently ACF grant for which you are applying. cost, and a plan for use on the project, has an indirect cost rate approved by the Non-Federal resources are all other as well as use or disposal of the Department of the Interior, Department Federal and non-Federal resources. It is equipment after the project ends. An of Labor, the Department of Health and suggested that budget amounts and applicant organization that uses its own Human Services (HHS), or other Federal computations be presented in a definition for equipment should provide agency. Justification: An applicant that columnar format: first column, object a copy of its policy or section of its will charge indirect costs to the grant class categories; second column, Federal policy, which includes the equipment must enclose a copy of the current rate budget; next column(s), non-Federal definition. agreement. If the applicant organization budget(s); and last column, total budget. • Supplies: Costs of all tangible is in the process of initially developing The budget justification should be a personal property other than that or renegotiating a rate, it should narrative. included under the Equipment category. immediately upon notification that an • Personnel: The description of the Justification: Specify general categories award will be made, develop a tentative costs of employee salaries and wages. of supplies and their costs. Show indirect cost rate proposal based on its Identify the project director or principal computations and provide other most recently completed fiscal year in investigator, if known. For each staff information that supports the amount accordance with the principles set forth person, provide the title, time requested. in the cognizant agency’s guidelines for commitment to the project (in months), • Contractual: Costs of all contracts establishing indirect cost rates, and or time commitment to the project (as a for services and goods except for those, submit it to the cognizant agency. percentage or full-time equivalent), which belong under other categories Applicants awaiting approval of their annual salary, grant salary, wage rates, such as equipment, supplies, indirect cost proposals may also request etc. Do not include the costs of construction, etc. Third-party evaluation indirect costs. It should be noted that consultants or personnel costs of contracts (if applicable) and contracts when an indirect cost rate is requested, delegate agencies or of specific with secondary recipient organizations, those costs included in the indirect cost project(s) or businesses to be financed including delegate agencies and specific pool should not also be charged as by the applicant. project(s) or businesses to be financed direct costs to the grant. Also, if the • Fringe Benefits: Costs of employee by the applicant, should be included applicant is requesting a rate which is fringe benefits unless treated as part of under this category. Justification: All less than what is allowed under the an approved indirect cost rate. Provide procurement transactions shall be program, the authorized representative a breakdown of the amounts and conducted in a manner to provide, to of the applicant organization must percentages that comprise fringe benefit the maximum extent practical, open and submit a signed acknowledgement that costs such as health insurance, FICA, free competition. Recipients and sub- the applicant is accepting a lower rate retirement insurance, taxes, etc. recipients, other than States that are • than allowed. Travel: Costs of project-related required to use Part 92 procedures, must • Program Income: The estimated travel by employees of the applicant justify any anticipated procurement amount of income, if any, expected to be organization (does not include costs of action that is expected to be awarded generated from this project. consultant travel). Justification: For each without competition (sole source) and Justification: Describe the nature, trip, show the total number of exceed the simplified acquisition source, and anticipated use of program traveler(s), travel destination, duration threshold fixed at 41 U.S.C. 403(11) income in the budget or refer to the of trip, per diem, mileage allowances, if (currently set at $100,000.). Recipients pages in the application, which contain privately owned vehicles will be used, may be required to make available to this information. and other transportation costs and ANA pre-award review and • Non-Federal Resources: Amounts of subsistence allowances. Travel costs for procurement documents, such as non-Federal resources that will be used key staff to attend ACF-sponsored request for proposals or invitations for to support the project as identified in workshops should be detailed in the bids, independent cost estimates, etc. Block 15 of the SF–424. Justification: budget. Note: Whenever the applicant intends to The firm commitment of these resources • Equipment: Equipment means an delegate part of the project to another must be documented and submitted article of nonexpendable, tangible agency, the applicant must provide a with the application in order to be given personal property having a useful life of detailed budget and budget narrative for credit in the review process. A detailed more than one year and an acquisition each delegate agency, by agency title, budget must be prepared for each cost which equals or exceeds the lesser along with the required supporting budget period. of (a) the capitalization level established information referred to in these • Total Direct Charges, Total Indirect by the organization for the financial instructions. Charges, and Total Project Costs. statement purposes, or (b) $5,000. (Note: • Other: Enter the total of all other Acquisition cost means the net invoice costs. Such costs, where applicable and Evaluation Criteria: ANA unit price of an item of equipment, appropriate, may include but are not Approach (25 Points). The including the cost of any modifications, limited to insurance, food, medical and Applicant’s narrative should be clear attachments, accessories, or auxiliary dental costs (noncontractual), and concise. The applicant should

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provide a detailed project description actual project benefits to the community explain and discuss how the current with goals and objectives. It should and organization, and describe a and future staff will manage the discuss the project strategy and community-based program delivery proposed project. Brief biographies of implementation plan over the project strategy. National American Indian and key positions or individuals should be period. Applicant should also describe Native organizations should describe included. the project strategy using the Objective their membership and define how the Results or Benefits Expected (20 Work Plan (OWP). In the OWP, the organization operates, and demonstrates Points). In this section the applicant applicant should identify the project native community and/or Tribal should discuss the ‘‘Performance objectives, time frames, proposed government support for the project. The Indicators’’ (see Definitions) and the activities, outcomes, and evaluation type of community served will benefits expected as a result of this activity, as well as the individuals determine the type of documentation project. Performance indicators identify responsible for completing the necessary. qualitative and quantitative data objectives and performing the activities. Applicants should discuss and directly associated with the project. Applicant should summarize how the present objectives and goals to be Each applicant should submit five project description, objective(s), achieved and evaluated at the end of indicators to support the applicant’s approach, strategy and implementation each budget period. Proposed project project. Three performance indicators plan are inter-related. The applicant objectives support the identified need may be selected from the list of six should also include the names and and should be measurable. below. Each grantee is required to Organizational Profile (20 Points). activities of any organizations, develop two additional indicators Provide information on the management consultants, or other key individuals specific to the project that directly structure of the Applicant and the who will contribute to the project. The support the goals and objectives. For organizational relationships with its Applicant should discuss ‘‘Leveraged each performance indicator selected the Resources’’ (see Definitions) used to cooperating partners. Include organizational charts that indicate how applicant should discuss the relevance strengthen and broaden the impact of of the data, the method for collecting the the proposed project. The Applicant the proposed project will fit into the existing structure. Demonstrate data, and the evaluation process. should discuss how commitments and Performance indicators will be reported contributions from other entities will experience in the program area. to ANA in the grantee’s quarterly report. enhance the project. Applicant should Describe the Applicant’s capabilities Three of the five Performance indicators provide ‘‘Letters of Commitment’’ that such as the administrative structure, its required, should be selected from the identify the time, dollar amount, and ability to administer a project of the following list: (1) The number of jobs activity to be accomplished through proposed scope and its capacity to created; (2) the number of people to partnerships. Applicant should discuss fulfill the implementation plan. If successfully complete a workshop/ the relationship of non-ANA funded relevant to the project, applicants must training; (3) the number of community- activities to those objectives and provide a Business Plan or any Third- based small businesses established or activities that will be funded with ANA Party Agreements (not counted in expanded; (4) identification of tribal or grant funds. (Letters of Commitment are Appendix page limit). Applicants are included in the Appendix). required to affirm that they will credit village government business, industry, Objectives and Need for Assistance the Administration for Native energy or financial codes or ordinances (20 Points). Applicant should show a Americans, and reference the ANA that were adopted or enacted; (5) the clear relationship between the proposed funded project on any audio, video, number of children, youth, families or project, the social and economic and/or printed materials developed in elders assisted or participating; and (6) development strategy, and the whole or in part with ANA funds. the number of community partnerships community’s long-range goals. The need Applicants should list all current formed. In this section the applicant for assistance should clearly identify the sources of federal funding, the agency, will indicate how it will measure the physical, economic, social, financial, purpose, amount, and provide the most success of the separate project governmental, and institutional recent certified signed audit letter for components and the project as a whole. challenges and problem(s) requiring a the organization to be included in Part Applicant should describe how the solution that supports the funding One of the application. If the applicant success of the project would be request. Describe the community (see has audit exceptions, these issues evaluated and verified by an Definitions) to be affected by the project should be addressed. Applicant should independent program monitoring and and the community involvement in the provide ‘‘staffing and position data’’ to evaluation team. Applicant should project. The Applicant should describe include a proposed staffing pattern for provide a narrative on the specific the community’s long-range goals, the the project where the Applicant performance indicators that can be community planning process, and how highlights the new project and staff. analyzed, measured, monitored, and the project supports these community Positions discussed in this section must evaluated. For example, if requesting goals. The applicant should describe match the positions identified in the funds for a conference, workshop, or an how the proposed goals, objectives, and Objective Work Plan and in the educational activity, the applicant activities reflect either the economic proposed budget. Note: Applicants are should discuss the value and long-term and social development or governance strongly encouraged to give preference impact to the participants and the needs of the local community. Discuss to qualified Native Americans in hiring community and explain how the the geographic location of the project project staff and in contracting services information relates to the project goals, and where the project and grant will be under an approved ANA grant. objectives and outcomes. The applicant administered. Applicant should provide a paragraph should discuss how the project will be Applications from National American of the duties and skills required for the completed, or self-sustaining, or Indian and Native American proposed staff and a paragraph on supported by other than ANA fund at organizations must clearly demonstrate qualifications and experience of current the end of the project period. Applicants a need for the project, explain how the staff. Full position descriptions are should discuss and present objectives project originated, and identify intended required to be submitted and included and goals to be achieved and evaluated beneficiaries, describe and relate the in the Appendix. Applicant should at the end of each budget period. Project

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outcomes support the identified need with all cost broken down by category the project, and the outcomes or outputs and should be measurable. so ANA reviewers can be certain that no to be achieved. Using the Project Budget and Budget Justification/Cost budgeted line items are included in the Abstract, applicant will identify which Effectiveness (10 Points). Budget and indirect cost pool. Applicants that do ANA goal the project addresses: Budget Justification: An applicant must not submit a current Indirect Cost Rate Governance, social development, or submit an itemized budget detailing the Agreement, may not be able to claim the economic development. applicant’s Federal and non-Federal allowable cost, may have the grant 2. Review and Selection Process share and citing source(s) of funding. award amount reduced, or result in a The applicant should provide a detailed delay in grant award. Initial Screening: Each application line item Federal and Non-federal share Applicants are encouraged to include submitted under this program budget by year for each year of project sufficient funds for principal announcement will undergo a pre- funds requested. A budget narrative representatives, such as the applicant’s review screening to determine if (a) the describing the line item budget should chief financial officer or project director application was received by the Program be attached for each year of project to travel to one ANA post-award grant Announcement closing date; (b) the funds requested. The budget should training and technical assistance application was submitted in include a line item justification for each workshop. This expenditure is accordance with Section IV, Object Class Category listed under allowable for new grant recipients and ‘‘Application and Submission Section B—‘‘Budget Categories’’ of the optional for grantees that have had Information’’; (c) the applicant is ‘‘Budget Information-Non Construction previous ANA grant awards, and will be eligible for funding in accordance with Programs on the SF 424A form. The negotiated upon award. Applicants may Section III, ‘‘Eligibility Information’’ of budget should include the necessary also include costs to travel to an ANA this program announcement; (d) the details to facilitate the determination of grantee conference. applicant has submitted the proper allowable costs and the relevance of For business development projects, support documentation such as proof of these costs to the proposed project. the proposal should demonstrate that non-profit status, resolutions, and Applicant should briefly explain its the expected return on the ANA funds required government forms; (e) an existing operational budget and any used to develop the project will provide authorized representative has signed the additional anticipated funding a reasonable operating income and application; and (f) applicant has a (including unique financial investment return within a specified DUNS number. An application that does circumstances, with potential impact on time period. If a profit-making venture not meet one of the above elements will the project such as upcoming monetary is being proposed, profits should be be considered incomplete and excluded or land settlements), and how the reinvested in the business in order to from the competitive review process. proposed project fits in the overall decrease or eliminate ANA’s future Applicants, with incomplete budget. Applicant should explain why it participation. Such revenue should be applications, will be notified by mail cannot apply other funding resources to reported as general program income. A within 30 business days from the cover the ANA portion of funding. decision will be made at the time of the closing date of this program The non-federal budget share should grant award regarding appropriate use of announcement. ANA staff cannot identify the source and be supported by program income. (See 45 CFR part 74 respond to requests for information letters of commitment (see Definitions). and part 92). regarding funding decisions prior to the Letters of commitment are binding Cost Effectiveness: This criterion official applicant notification. After the when they specifically state the nature, reflects ANA’s concern with ensuring Commissioner has made decisions on the amount, and conditions under that the expenditure of its limited all applications, unsuccessful applicants which another agency or organization resources yields the greatest benefit will be notified in writing within 90 will support a project funded with ANA possible in achieving the economic and days. Applicants are not ranked based funds. These resources may be human, social self-sufficiency for Native on general financial need. Applicants, natural, or financial, and may include American communities. Applicants who are initially excluded from other Federal and non-Federal demonstrate this by: Summarizing competition because of ineligibility, resources. For example, a letter from partnerships and the efficient use of may appeal the decision. Applicants another Federal agency or foundation leveraged resources; explaining the may also appeal an ANA decision that pledging a commitment of $200,000 in impact on the identified community an applicant’s proposed activities are construction funding to complement through measurable project outcomes; ineligible for funding consideration. The proposed ANA funded pre-construction and presenting a project that is appeals process is stated in the final activity is evidence of a firm funding completed, or self-sustaining or rule published in the Federal Register commitment. Statements that additional supported by other than ANA funds by on August 19, 1996 (61 FR 42817 and funding will be sought from other the end of the project period. 45 CFR part 1336, subpart C). specific sources are not considered a Introduction and Project Summary/ Competitive Review Process: binding commitment of outside Project Abstract (5 Points). Using the Applications that pass the initial resources. Letters of Support merely ANA Project Abstract form, the screening process will be analyzed, express another organization’s applicant should provide a Project evaluated and rated by an independent endorsement of a proposed project. Introduction. The Introduction will review panel on the basis of the Support letters are not binding provide the reader an overview and evaluation criteria specified below. The commitment letters. They do not some details of the proposed project. evaluation criteria were designed to factually establish the authenticity of This is where the project is introduced analyze and assess the quality of a other resources and do not offer or bind to the peer review panel. Identify the proposed community-based project, the specific resources to the project. name of the applicant, location of the likelihood of its success, and the ability If an applicant plans to charge or community to be served by the to monitor and evaluate community otherwise seek credit for indirect costs proposed project, the project activities, impact and long-term results. The in its ANA application, a current copy funding amount requested, amount of evaluation criteria and analysis are of its Indirect Cost Rate Agreement matching funds to be provided, the closely related and are wholly should be included in the application, length of time required to accomplish considered in judging the overall quality

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of an application. Applications will be for which support is contemplated. The Telephone: (202) 401–2344, E-mail: evaluated in accordance with the Financial Assistance Award will be [email protected]. program announcement criteria and signed by the Grants Officer and sent to VIII. Other Information ANA’s program areas of interest. A the applicants Authorizing Official. determination will be made as to Organizations whose applications will Training and Technical Assistance: whether the proposed project is an not be funded will be notified in All potential ANA applicants are effective use of federal funds. writing. eligible to receive free T&TA in the Application Review Criteria: ANA has SEDS, Language, or Environmental 2. Administrative and National Policy expanded the review criteria to allow program areas. Prospective applicants Requirements for a more equitable distribution of should check ANA’s Web site for points during the application review 45 CFR part 74, 45 CFR part 92, 45 training and technical assistance dates and competition process. The use of CFR part 1336, subpart C and 42 U.S.C. and locations, or contact the ANA these six criteria distributes the number 2991 et seq., Native American Programs Applicant Help Desk at 1–877–922– of points more equitably. Based on the Act of 1974. 9262. Due to the new application and ACF Uniform Project Description, Paperwork Reduction Act of 1995 program additions and modifications, ANA’s criteria categories are Project (Pub. L. 104–13): Public reporting ANA strongly encourages all Introduction; Objectives and Need for burden for this collection of information prospective applicants to participate in Assistance; Project Approach; is estimated to average 120 hours per free pre-application training. response, including the time for Organizational Capacity; Results and Dated: January 21, 2004. reviewing instructions, gathering and Benefits Expected; and Budget and Quanah Crossland Stamps, Budget Narrative. maintaining the data needed and reviewing the collection information. Commissioner, Administration for Native As non-Federal reviewers will be Americans. used, applicants have the option of The project description is approved [FR Doc. 04–3654 Filed 2–20–04; 8:45 am] omitting from the application copies under OMB control number 0970–0139 (not original) specific salary rates or which expires 3/31/04. The Survey on BILLING CODE 4184–01–P amounts for individuals specified in the Ensuring Equal Opportunity for Applicants form is approved under application budget and Social Security DEPARTMENT OF HEALTH AND OMB control number 1890–0014 which Numbers, if otherwise required for HUMAN SERVICES individuals. The copies may include expires 1/31/06. summary salary information. 3. Reporting Requirements Administration for Children and Application Consideration: The Families Commissioner’s funding decision is Programmatic Reports: Quarterly. based on an analysis of the application Financial Reports: Quarterly. Grants and Cooperative Agreements; by the review panel, the panel review An original and two copies of each Notice of Availability scores, recommendations of the ANA performance report and financial status staff, comments of State and Federal report must be submitted to the Grants Program Office Name: Administration agencies having contract and grant Officer. Failure to submit these reports for Native Americans (ANA). performance related information, and when required will mean the grantee is Funding Opportunity Title: Native other interested parties. The non-compliant with the terms and Language Preservation and Commissioner makes grant awards conditions of the grant award and Maintenance. Announcement Type: Competitive consistent with the purpose of the subject to administrative action or Grant—Initial. Native American Programs Act (NAPA), termination. Performance reports are Funding Opportunity Number: HHS– all relevant statutory and regulatory submitted 30 days after each quarter (3- 2004–ACF–ANA–NL–0003. requirements, this program month intervals) of the budget period. The final performance report, due 90 CFDA Number: 93.587. announcement, and the availability of Due Date for Applications: April 2, appropriated funds. The Commissioner days after the project period end date, shall cover grantee performance during 2004, 4:30 p.m. (Eastern Standard reserves the right to award more, or less, Time). than the funds described or under such the entire project period. All grantees shall use the SF 269 (Long Form) to Summary: The Administration for circumstances as may be deemed to be Native Americans (ANA), within the in the best interest of the federal report the status of funds. Grantees shall submit quarterly Financial Status Administration for Children and government. Applicants may be Families, announces the availability of required to reduce the scope of projects Reports that shall be due 30 days after each quarter (3-month intervals) of each fiscal year (FY) 2004 funds for new based on the amount of approved community-based activities under award. budget period. The final report shall be due 90 days after the end of the project ANA’s Native Language program. VI. Award Administration Information period. Financial assistance is provided utilizing a competitive process in 1. Award Notice VII. Agency Contacts accordance with the Native American Approximately 120 days after the Program Office Contact: ANA Programs Act of 1974, as amended. application due date, the successful Applicant Help Desk, 370 L’Enfant ANA provides financial assistance to applicants will be notified by mail Promenade, SW., Aerospace Building eligible applicants for the purpose of through the issuance of a Financial 8th Floor-West, Washington, DC 20447– assisting Native Americans in assuring Assistance Award document which will 0002, Telephone: 202–690–7776 or toll- the survival and continuing vitality of set forth the amount of funds granted, free at 1–877–922–9262, E-mail their languages. Grants are provided the terms and conditions of the grant, [email protected]. under the following two categories: the effective date of the grant, the Grants Management Office Contact: Category I Planning Grants are used to budget period for which initial support Lois B. Hodge, 370 L’Enfant Promenade, conduct the assessment and planning will be given, the non-Federal share to SW., Aerospace Building 8th Floor- needed to identify the current status of be provided and the total project period West, Washington, DC 20447–0002, the Native American language(s) to be

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addressed and to establish community government recognizes the substantial geographic area. Previously, under each long-range language goals; and, Category loss of Native American languages over competitive program area, ANA II Design and/or Implementation Grants the past several hundred years, and accepted one application that served or are to design and/or implement a acknowledges the nature and magnitude impacted a reservation, Tribe or Native preservation language program that will of the status of Native American American community. The reason for contribute to the achievement of the languages will be better defined when this change is to expand and support community’s long-range language eligible applicants under the Act have large Native American rural and urban goal(s). completed language assessments. communities that provide a variety of The Program Areas of Interest are The Administration for Native services in the same geographic area. projects that ANA considers supportive Americans (ANA) believes that the Although Tribes are limited to three to Native American communities. responsibility for achieving self- simultaneous ANA grants (one each Although eligibility for funding is not sufficiency rests with the governing under SEDS, Language and restricted to projects of the type listed bodies of Indian Tribes, Alaska Native Environmental programs) at any one under this program announcement, villages, and in the leadership of Native time, this clarification allows other these Areas of Interest are ones which American groups. This belief supports community based organizations to apply ANA sees as particularly beneficial to the ANA principle that the local for ANA funding, provided the the development of healthy Native community and its leadership are objectives and activities do not American communities. responsible for determining goals, duplicate currently funded projects setting priorities, and planning and I. Funding Opportunity Description serving the same geographic area. implementing programs that support the In response to this announcement, The Congress has recognized that the community’s long-range goals. ANA encourages Native American tribes history of past policies of the United Therefore, since preserving a language and organizational leaders to propose, States toward Indian and other Native and ensuring its continuation is coordinate and implement community- American languages has resulted in a generally one of the first steps taken based projects to meet the needs of its dramatic decrease in the number of toward strengthening a group’s identity; community members and develop Native American languages that have activities proposed under this program options and opportunities for future survived over the past 500 years. announcement will contribute to the generations. Consequently, the Native American social development of Native The Program Areas of Interest are Languages Act (Title 1, Pub. L. 101–477) communities and significantly projects that ANA considers supportive was enacted to address this decline. contribute to their efforts toward self- to Native American communities. This legislation vested the United States sufficiency. The Administration for Although eligibility for funding is not government with the responsibility to Native Americans recognizes that restricted to projects of the type listed work together with Native Americans to eligible applicants must have the under this program announcement, ensure the survival of cultures and opportunity to develop their own these Areas of Interest are ones which languages unique to Native America. language plans, improve technical ANA sees as particularly beneficial to This law declared that it is the policy of capabilities, and have access to the the development and preservation of the United States to ‘‘preserve, protect necessary financial and technical Native American languages. and promote the rights and freedom of resources in order to assess, plan, Financial assistance under the Native Native Americans to use, practice and develop and implement programs to Language program is provided utilizing develop Native American languages.’’ assure the survival and continuing a competitive process in accordance While the Congress made a significant vitality of their languages. ANA also with the Native American Programs Act first step in passing this legislation in recognizes that potential applicants may of 1974, as amended. 1990, it served only as a declaration of have specialized knowledge and This program is authorized by U.S. policy. No program initiatives were capabilities to address specific language Code Citation 42 U.S.C. 2991 et seq. proposed, nor any funds authorized to concerns at various levels. This program 1974, the Native Americans Programs enact any significant programs in announcement reflects these special Act. furtherance of this policy. needs and circumstances. ANA Administrative Policies: In 1992, Congressional testimony In support of the Presidential Applicants must comply with the provided estimates that of the several Executive Orders on Asian American following ANA Administrative Policies: hundred languages that once existed; and Pacific Islanders, Community-based • An applicant must provide a 20% only about 150 are still spoken or Alternatives for Individuals with non-federal match of the approved remembered today. Furthermore, only Disabilities, and Faith-based and project costs. Applications originating 20 are spoken by persons of all ages, 30 Community Organizations, ANA from American Samoa, Guam, or the are spoken by adults of all ages, about encourages greater participation from Commonwealth of the Northern Mariana 60 are spoken by middle-aged adults, Hawaiian and Pacific Islander Islands are covered under section 501(d) and 45 are spoken by the most elderly. communities, encourages Native of Public Law 95–134, as amended (48 In response to this testimony, the communities to address the needs of U.S.C. 1469a), under which HHS waives Congress passed the Native American people with disabilities, and invites any requirement for matching funds Languages Act of 1992 (the Act), Pub. L. eligible faith-based and community under $200,000 (including in-kind 102–524, to assist Native Americans in organizations to apply. contributions). assuring the survival and continuing This program announcement will • An application from a Tribe, Alaska vitality of their languages. Passage of the emphasize community-based, locally Native Village or Native American Act was an important second step in an designed projects. This emphasis will organization must be from the governing attempt to ensure the survival and increase the number of grants to local body. continuation of Native languages. It community organizations and expand • A non-profit organization provided the foundation upon which the number of partnerships among submitting an application must submit tribal nations can rebuild their locally based non-profit organizations. proof of its non-profit status at the time economic strength and enhance the rich ANA will accept applications from of submission. The non-profit agency cultural diversity. The Federal multiple organizations in the same can accomplish this by providing: (i) A

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reference to the applicant organization’s • ANA funds short-term projects not membership and specifically discuss listing in the Internal Revenue Service’s programs. Projects must have definitive how the organization operates and (IRS) most recent list of tax-exempt goals and objectives that will be impacts Native American people and organizations described in the IRS Code; achieved by the end of the project communities. or (ii) a copy of the currently valid IRS period. All projects funded by ANA Completed Project: A project funded tax exemption certificate; or (iii) a must be completed, or self-sustaining, or by ANA is finished, or is self-sustaining, statement from a State taxing body, supported by other than ANA funding at or funded by other than ANA funds, and State Attorney General, or other the end of the project period. the results and outcomes are achieved appropriate State official certifying that Definitions: Program specific terms by the end of the project period. the applicant organization has a non- and concepts are defined and should be Consortia—Tribe/Village: A group of profit status and none of the net used as a guide in writing and Tribes or villages that join together earnings accrue to any private submitting the proposed project. The either for long-term purposes or for the shareholders or individuals; or (iv) a program areas of interest in this program purpose of an ANA project. Applicant certified copy of the organization’s announcement are based on the must identify Consortia membership. certificate of incorporation or similar following definitions: The Consortia applicant must be the document that clearly establishes non- Authorized Representative: The recipient of the funds. A Consortia profit status; or (v) any of the items in person or person(s) authorized by Tribal applicant must be an ‘‘eligible entity’’ as the subparagraphs immediately above or Organizational resolution to execute defined by this Program Announcement for a State or national parent documents and other actions required and the ANA regulations. Consortia organization and a statement signed by by outside agencies. applicants should include the parent organization that the Budget Period: The interval of time documentation (a resolution adopted applicant organization is a local non- into which the project period is divided pursuant to the organization’s profit affiliate. Organizations for budgetary or funding purposes, and established procedures and signed by an incorporating in American Samoa are for which a grant is made. A budget authorized representative) from all cautioned that the Samoan government period usually lasts one year in a multi- consortia members supporting the ANA relies exclusively upon IRS year project period. application. An application from a determination of non-profit status; Community: A group of people consortium should have goals and therefore, articles of incorporation residing in the same geographic area objectives that will create positive approved by the Samoan government do that can apply their own cultural and impacts and outcomes in the not establish non-profit status for the socio-economic values in implementing communities of its members. ANA will purpose of ANA eligibility. ANA’s program objectives and goals. In not fund activities by a consortium of • If the applicant, other than a Tribe discussing the applicant’s community, tribes which duplicates activities for or an Alaska Native Village government, the following information should be which member Tribes also receives is proposing a project benefiting Native provided: (1) A description of the funding from ANA. The consortium Americans or Native Alaskans, or both, population segment within the application should identify the role and it must provide assurance that it’s duly community to be served or impacted; (2) responsibility of each participating elected or appointed board of directors the size of the community; (3) Consortia member and a copy of the is representative of the community to be geographic description or location, consortia legal agreement or Memoranda served. To establish compliance, an including the boundaries of the of Agreement to support the proposed applicant should provide supporting community; (4) demographic data on project. documentation and assurance that it’s the target population; and (5) the Construction: The initial building of a duly elected or appointed board of relationship of the community to any facility. directors is majority Native American. larger group or tribe. Core Administration: Salaries and • Applicants must describe how the Community Involvement: How the other expenses for those functions that proposed project objectives and community participated in the support the applicant’s organization as activities relate to a locally determined development of the proposed project, a whole or for purposes that are strategy. how the community will be involved unrelated to the actual management or • Proposed projects must consider the during the project implementation and implementation of the ANA project. maximum use of all available after the project is completed. Evidence However, salaries and activities that are community-based resources. of community involvement can include, clearly related to the ANA project are • Proposed projects must present a but is not limited to, certified petitions, eligible for grant funding. strategy to overcome the challenges that public meeting minutes, surveys, needs Economic Development: Involves the hinder movement toward self- assessments, newsletters, special promotion of the physical, commercial, sufficiency in the community. meetings, public Council meetings, technological, industrial, and/or • Applicants proposing an Economic public committee meetings, public agricultural capacities necessary for a Development project should address the hearings, and annual meetings with sustainable local community. Economic project’s viability. A business plan, if representatives from the community. development includes activities and applicable, must be included to describe The applicant should document the actions that develop sustainable, stable, the project’s feasibility, cash flow, and community’s support of the proposed and diversified private sector local approach for the implementation and project. Applications from National and economies. For example, initiatives that marketing of the business. Regional Indian and Native support employment options, business • ANA will not accept applications organizations should clearly opportunities, development and from tribal components, which are demonstrate a need for the project, formation of a community’s economic tribally authorized divisions of a larger explain how the project originated, infrastructure, laws and policies that tribe, which are not approved by the identify the beneficiaries, and describe result in the creation of businesses and governing body of the tribe. and relate the actual project benefits to employment options and opportunities • An applicant can have only one the community and organization. that provide for the foundation of active ANA Native Language grant National Indian and Native healthy communities and strong operating at any given time. organizations should also identify their families.

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Equipment: Tangible, non-expendable or community to assist in the successful development and implementation of the personal property, including exempt completion of the project. An example proposed project. Partnerships include property, charged directly to the award would be a written letter of commitment other faith-based or community-based having a useful life of more than one from an organization that agrees to organizations or associations, Tribes, year and an acquisition cost of $5,000 or provide a supportive action, product, federal and state agencies and private or more per unit. However, consistent with and service, human or financial non-profit organizations, which may recipient policy, lower limits may be contribution that will add to the include faith-based organizations. established. potential success of the project. Performance Indicators: Measurement Governance: Involves assistance to Multi-purpose Organization: A descriptions used to identify the tribal and Alaska Native village community-based corporation whose outcomes or results of the project. government leaders to increase their charter specifies that the community Outcomes or results must be measurable ability to execute local control and designates the Board of Directors and/or to determine that the project has decision-making over their resources. officers of the organization through an achieved its desired objective and can Implementation Plan: The guidebook elective procedure and that the be independently verified through the applicant will use in meeting the organization functions in several monitoring and evaluation. results and benefits expected for the different areas of concern to the Real Property: Land, including land project. The Implementation Plan members of the local Native American improvements, structures, and provides detailed descriptions of how, community. These areas are specified in appurtenances thereto, excluding when, where, by whom and why the by-laws and/or policies adopted by movable machinery and equipment. activities are proposed for the project the organization. They may include, but Renovation or Alteration: The work and is complemented and condensed by need not be limited to, economic, required to change the interior the Objective Work Plan. artistic, cultural, and recreational arrangements or other physical In-kind Contributions: In-kind activities, and the delivery of human characteristics of an existing facility, or contributions are property or services services such as day care, education, install equipment so that it may be more which benefit a federally assisted and training. effectively used for the project. project or program and which are Multi-year Project: Encompasses a Alteration and renovation may include contributed by the grantee, non-Federal single theme and requires more than 12 work referred to as improvements, third parties without charge to the or 17 months to complete. A multi-year conversion, rehabilitation, remodeling, grantee, or a cost-type contractor under project affords the applicant an or modernization, but is distinguished the grant agreement. Any proposed In- opportunity to develop and address from construction. kind match must meet the applicable more complex and in-depth strategies Resolution: Applicants are required to requirements found in 45 CFR parts 74 that cannot be completed in one year. A include a current signed Resolution (a and 92. multi-year project is a series of related formal decision voted on by the official Letter of Commitment: A third party objectives with activities presented in governing body) in support of the statement to document the intent to chronological order over a two or three project for the entire project period. The provide specific in-kind contributions year period. Prior to funding the second Resolution should indicate who is or cash to support the applicant. The or third year, of a multi-year grant, ANA authorized to sign documents and Letter of Commitment must state the will require verification and support negotiate on behalf of the Tribe or dollar amount (if applicable), the length documentation from the Grantee that organization. The Resolution should of time the commitment will be objectives and outcomes proposed in indicate that the community was honored, and the conditions under the preceding year were accomplished. involved in the project planning which the organization will support the Applicants proposing multi-year process, and indicate the specific dollar proposed ANA project. If a dollar projects must complete and submit an amount of any non-federal matching amount is included, the amount must be Objective Work Plan (OWP) and budget funds (if applicable). based on market and historical rates with narrative for each project year, and Sustainable Project: A sustainable charged and paid. The resources to be fully describe objectives to be project is an on-going program or committed may be human, natural, accomplished, outcomes to be achieved, service that can be maintained without physical, or financial, and may include and the results and benefits to additional ANA funds. other Federal and non-Federal determine the successful outcomes of Self-Sufficiency: The ability to resources. For example, a notice of each budget period. ANA will review generate resources to meet a award from another Federal agency the quarterly and annual reports of community’s needs in a sustainable committing $200,000 in construction grantees to determine if the grantee is manner. A community’s progress funding to complement a proposed meeting its goals, objectives and toward self-sufficiency is based on its ANA funded pre-construction activity is activities identified in the OWP. efforts to plan, organize, and direct evidence of a commitment. Statements Objective(s): Specific outcomes or resources in a comprehensive manner about resources which have been results to be achieved within the that is consistent with its established committed to support a proposed proposed project period that are long-range goals. For a community to be project made in the application without specified in the Objective Work Plan. self sufficient, it must have local access supporting documentation will be Completion of objectives must result in to, control of, and coordination of disregarded. specific, measurable, outcomes that services and programs that safeguard the Leveraged Resources: The total dollar would benefit the community and health, well being, and culture of the value of all non-ANA resources that are directly contribute to the achievement people that reside and work in the committed to a proposed ANA project of the stated community goals. community. and are supported by documentation Applicants should relate their proposed Social Development: Investment in that exceed the 20% non-federal match project objectives to outcomes that human and social capital for advancing required for an ANA grant. Such support the community’s long-range the well being of members of the Native resources may include any natural, goals. American community served. Social financial, and physical resources Partnerships: Agreements between development is the action taken to available within the tribe, organization, two or more parties that will support the support the health, education, culture,

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and employment options that expand an • Alaska Native villages, as defined in impacted a reservation, Tribe or Native individual’s capabilities and the Alaska Native Claims Settlement American community. The reason for opportunities, and that promote social Act (ANSCA) and/or non-profit this change is to expand and support inclusion and combat social ills. Please village consortia; large Native American rural and urban note that this announcement is divided • Incorporated non-profit Alaska Native communities that provide a variety of into two program areas. The first multi-purpose community based services in the same geographic area. program area is Native Language organizations; Although Tribes are limited to three Preservation and Maintenance (Category • Non-profit Alaska Native Regional simultaneous ANA grants (SEDS, I Planning Grant) and the second Corporations/Associations in Alaska Language and Environmental) at any program area is Native Language with village specific projects; one time, this clarification allows other • Preservation and Maintenance (Category Non-profit Native organizations in community based organizations to apply II: Design and/or Implementation Alaska with village specific projects; for ANA funding, provided the • Grants). Information on the second Public and non-profit private agencies objectives and activities do not serving Native Hawaiians; program area immediately follows • duplicate currently funded projects section VIII of program area one. Public and non-profit private agencies serving the same geographic area. serving native peoples from Guam, Proof of Non-Profit Status: Any non- Program Area 1 American Samoa, or the profit organization submitting an Native Language Preservation and Commonwealth of the Northern application must submit proof of its Maintenance (Category I Planning Mariana Islands (the populations non-profit status in its application at the Grant): The purpose of a Planning Grant served may be located on these time of submission. The non-profit is to conduct an assessment and to islands or in the continental United agency can accomplish this by develop the plan needed to describe the States); • providing: current status of the language(s) to be Tribally-controlled Community • A reference to the applicant addressed and to establish community Colleges, Tribally-controlled Post- organization’s listing in the Internal long-range goal(s) to ensure its survival. Secondary Vocational Institutions, Revenue Service’s (IRS) most recent list Program Area of Interest: and colleges and universities located of tax-exempt organizations described in • Data collection, compilation, in Hawaii, Guam, American Samoa or the IRS Code; or organization and description of current the Commonwealth of the Northern • A copy of the currently valid IRS language status through a ‘‘formal’’ Mariana Islands which serve Native tax exemption certificate; or method (e.g., work performed by a peoples; and • A statement from a State taxing • linguist, and/or a language survey Non-profit Alaska Native community body, State Attorney General, or other conducted by community members) or entities or Tribal governing bodies appropriate State official certifying that an ‘‘informal’’ method (e.g., a (Indian Reorganization Act or the applicant organization has a non- community consensus of the language Traditional Councils) as recognized profit status and none of the net status based on elders, tribal scholars, by the Bureau of Indian Affairs. earnings accrue to any private and/or other community members). Organizations in Palau are no longer shareholders or individuals; or eligible for assistance from ANA. (Legal • A certified copy of the II. Award Information authority: 48 U.S.C 1931) organization’s certificate of Funding Instrument Type: Grant. Additional Information on Eligibility: incorporation or similar document that Anticipated Total Program Area 1 Please refer to section I ‘‘Funding clearly establishes non-profit status; or Funding: $1,000,000. Opportunity Description’’ to review • Any of the items in the Anticipated Number of Awards: 10– general ANA Administrative Policies for subparagraphs immediately above for a 15. any applicable statutory policies State or national parent organization Average Projected Award Amount: pertaining to application eligibility. and a statement signed by the parent $25,000 to $100,000. In support of the Presidential organization that the applicant Length of Project Period: 12 months. Executive Orders on Asian American organization is a local non-profit Ceiling on Amount of Individual and Pacific Islanders, Community-based affiliate. Awards: $100,000. An application that Alternatives for Individuals with Resolution: Applicants are required to exceeds the upper value of the dollar Disabilities, and Faith-based and include a current signed Resolution (a range specified will be considered ‘‘non- Community Organizations, ANA formal decision voted on by the official responsive’’ and be returned to the encourages greater participation from governing body) in support of the applicant without further review. Hawaiian and Pacific Islander project for the entire project period. The Floor of Individual Award Amounts: communities, encourages Native Resolution must indicate who is $25,000. communities to address the needs of authorized to sign documents and people with disabilities, and invites III. Eligibility Information negotiate on behalf of the Tribe or eligible faith-based and community organization. The Resolution should 1. Eligible Applicants organizations to apply. This program indicate that the community was • Federally recognized Indian Tribes; announcement will emphasize involved in the project planning • Consortia of Indian Tribes; community-based, locally designed process, and indicate the specific dollar • Incorporated non-Federally projects. This emphasis will increase amount of any non-federal matching recognized Tribes; the number of grants to local funds (if applicable). • Incorporated non-profit multi- community organizations and expand purpose community-based Indian the number of partnerships among 2. Cost Sharing or Matching organizations; locally based non-profit organizations. Grantees must provide at least 20 • Urban Indian Centers; ANA will accept applications from percent of the total approved cost of the • National or regional incorporated multiple organizations in the same project. The total approved cost of the non-profit Native American geographic area. Previously, under each project is the sum of the ANA share and organizations with Native American competitive program area, ANA the non-federal share. The required community-specific objectives; accepted one application that served or match can be computed by dividing

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total Federal funds by 80 percent for responsive’’ and be returned to the application are required. The original total project costs then subtracting the applicant without further review. copy must include all required forms, Federal portion. The remainder is the Applications that fail to include the certifications, assurances, and required match. Therefore, a project required amount of cost-sharing will be appendices, be signed by an authorized requesting $100,000 in Federal funds considered non-responsive and will not representative, have original signatures, (per budget period) must provide a be eligible for funding under this and be submitted unbound. The two match of at least $ 25,000 ($100,000/ announcement. additional copies of the complete 80% = $125, 000¥$100,000 = $25,000) application must include all required IV. Application and Submission which is 20% total approved project forms, certifications, assurances, and Information cost. Grantees will be held accountable appendices and must also be submitted for commitments of non-Federal 1. Address To Request Application unbound. Applicants have the option of resources even if over the amount of the Package omitting from the application copies (not the original) specific salary rates or required match. Failure to provide the The ANA regional Training and amounts for individuals specified in the non-federal share match will result in Technical Assistance providers at: the disallowance of Federal match. application budget. A complete Region I: AL, AR, CT, DC, DE, FL, GA, Applications that fail to include the application for assistance under this IA, IL, IN, KS, KY, LA, MA, MD, ME, required amount of cost-sharing will be Program Announcement consists of MI, MN, MO, MS, NC, ND, NE, NH, considered non-responsive and will not Three Parts. Part One is the SF 424, NJ, NY, OH, OK, PA, RI, SC, SD, TN, be eligible for funding under this Required Government Forms, and other TX, VA, VT, WI, W.VA. announcement. A request for a waiver of required documentation. Part Two of the non-Federal share requirement may Native American Management the application is the project substance be submitted in accordance with 45 CFR Services, Inc., 6858 Old Dominion of the application. This section of the 1336.50(b) (3) of the Native American Drive, Suite 302, McLean, Virginia application may not exceed 45 pages. Program regulations. Applications 22101, Toll Free: 888–221–9686, Part Three of the application is the originating from American Samoa, (703) 821–2226 x–234, Fax: (703) Appendix. This section of the Guam, or the Commonwealth of the 821–3680, Kendra King-Bowes, application may not exceed 20 pages Northern Mariana Islands are covered Project Manager, E-mail: (the exception to this 20 page limit under section 501(d) of Public Law 95– [email protected], applies only to projects that require, if 134, as amended (48 U.S.C. 1469a) www.anaeastern.org. relevant to the project, a Business Plan under which HHS waives any Region II: AZ, CA, CO, ID, MT, NM, NV, or any Third-Party Agreements). requirement for matching funds under OR, UT, WA, WY. Electronic Submission: While ACF $200,000 (including in-kind ACKCO, Inc., 2214 N. Central, Suite does have the capability to receive contributions). For ANA grants under 250, Phoenix, Arizona 85004, Toll program announcement applications this announcement there is no match Free: 800–525–2859, (602) 253– electronically through Grants.gov, required for these insular areas. 9211, Fax (602) 253–9135, Theron electronic submission of applications Wauneka, Project Manager, E-mail: will not be available for this particular 3. Other (If Applicable) [email protected], announcement. There are required application form(s) specific to ANA that DUNS Number: On June 27, 2003, the www.anawestern.com. have not yet received clearance from Office of Management and Budget Region III: Alaska. Grants.gov. While electronic submission published in the Federal Register a new Native American Management of applications may be available in the Federal policy applicable to all Federal Services, Inc., 11723 Old Glenn next fiscal year for this program, no grant applicants after giving notice in Highway, Suite 201, Eagle River, electronic submission of applications Alaska 99577, Toll Free 877–770– the Federal Register on June 27, 2002 will be accepted for this announcement 6230, (907) 694.5711, Fax (907) and opportunity for public comment. this year as they would be missing those 694.5775, P.J. Bell, Project Manager, The policy requires all Federal grant required ANA forms and be considered applicants to provide a Dun and E-mail: [email protected], ≤ incomplete. Bradstreet Data Universal Numbering www.anaalaska.org. Organization and Preparation of System (DUNS) number when applying Region IV: American Samoa (AS), Application: Due to the intensity and for Federal grants or cooperative Guam, HI, Commonwealth of pace of the application review and agreements on or after October 1, 2003. Northern Mariana Islands (CNMI). evaluation process, ANA strongly The DUNS number will be required Council for Native Hawaiian recommends applicants organize, label, whether an applicant is submitting a Advancement, 33 South King and insert required information in paper application or using the Street, Suite 513, Honolulu, Hawaii accordance with Part One, Part Two and government-wide electronic portal 96813, Toll-Free 800–709–2642, Part Three as presented below. The (www.Grants.Gov). A DUNS number (808) 521–5011, Fax: (808) 521– application should begin with the will be required for every application 4111, Jade Danner, Project Manager, information requested in Part One. for a new award or renewal/ E-Mail: [email protected], Utilizing this format will insure all continuation of an award, including www.anapacific.org. information submitted to support an applications or plans under mandatory applicant’s request for funding is grant programs, submitted on or after 2. Content and Form of Submission thoroughly reviewed. Deviation from October 1, 2003. A DUNS number may Please refer to section I ‘‘Funding this suggested format may reduce the be acquired at no cost by calling the Opportunity Description’’ to review applicant’s ability to receive maximum dedicated toll-free DUNS number general ANA Administrative Policies for points, which are directly related to request line on 1–866–705–5711 or you any applicable statutory policies ANA’s funding review decisions. may request a number on-line at http:/ pertaining to application content and ANA Application Format: This format /www.dnb.com form. applies to all applicant prepared An application that exceeds the Application Submission: An original documents submitted in response to this $100,000 will be considered ‘‘non- and two copies of the complete announcement. All pages submitted

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(including Government Forms, Applicants who have used non-Federal ‘‘Attention: Lois B. Hodge’’. Applicants certifications and assurances) should be funds for lobbying activities in are cautioned that express/overnight numbered consecutively (for example, connection with receiving assistance mail services do not always deliver as the first page of the application should under this announcement shall agreed. be labeled as page one). The paper size complete a disclosure form, if Hand-delivered applications shall be shall be 81⁄2 x 11 inches. Application applicable, with their applications. The considered as meeting an announced pages must be numbered, line spacing forms (Forms 424, 424A–B; and deadline if received on or before the shall be a space and a half (1.5 line- Certifications may be found at: deadline date, between the hours of 8 spacing), printed only on one side, and www.acf.hhs.gov/programs/ofs/ a.m. to 4:30 p.m., EST, Monday through have a half-inch margin on all sides of forms.htm. Fill out Standard Forms 424 Friday (excluding Federal holidays). the paper (Note: the 1.5 line-spacing and 424A and the associated Applications may be delivered to the does not apply to the Project Abstract certifications and assurances based on U.S. Department of Health and Human Form, Letters of Commitment, the Table the instructions on the forms. Services, Administration for Children of Contents, and the Objective Work Survey: Private, non-profit and Families, Office of Grants Plans). The font size should be no organizations are encouraged to submit Management, Division of Discretionary smaller than 12-point and the font type with their applications the survey Grants, ACF Mail Room, Second Floor shall be Times New Roman. located under ‘‘Grant Related Loading Dock, Aerospace Center, 901 D Forms and Assurances: The project Documents and Forms’’ titled ‘‘Survey Street, SW., Washington, DC 20024. description should include all the for Private, Non-Profit Grant This address must appear on the information requirements described in Applicants’’ at www.acf.hhs.gov/ envelope/package containing the the specific evaluation criteria outlined programs/ofs/forms.htm. (OMB No. application with the note ‘‘Attention: in the program announcement under 1890–0014 exp. 1/31/06). Lois B. Hodge’’. Applicants are Part V. In addition to the project cautioned that express/overnight mail description, the applicant needs to 3. Submission Date and Time services do not always deliver as agreed. complete all the standard forms The closing time and date for receipt required for making applications for of applications is 4:30 p.m. (Eastern Late Applications: Applications that awards under this announcement. Standard Time) on April 2, 2004. do not meet the Deadline criteria above Applicants requesting financial Mailed or hand-delivered applications will be considered late applications. assistance for non-construction projects received after 4:30 p.m. on the closing ACF shall notify each late applicant that must file the Standard Form 424B, date will be classified as late. its application will not be considered in ‘‘Assurances: Non-Construction Deadline: Mailed applications shall be the current competition. Programs.’’ Applicants must sign and considered as meeting an announced Extension of Deadline: ACF may return the Standard Form 424B with deadline if received on or before the extend application deadlines when their applications. Applicants must deadline time and date at the U.S. circumstances such as acts of God provide a certification regarding Department of Health and Human (floods, hurricanes, etc.) occur, when lobbying when applying for an award in Services, Administration for Children there are widespread disruptions of mail excess of $100,000. Applicants must and Families, Office of Grants service. Determinations to extend or sign and return the certification with Management, Division of Discretionary waive deadline requirements rest with their applications. Applicants must Grants, 370 L’Enfant Promenade, SW., the Chief Grants Management Officer. disclose lobbying activities on the Washington, DC 20447. This address Required Forms: All requirements for Standard Form LLL when applying for must appear on the envelope/package submission are due on or before the an award in excess of $100,000. containing the application with the note deadline date.

PART ONE.—FEDERAL FORMS AND OTHER REQUIRED DOCUMENTS

Content and location of part one required forms, certifications and doc- Part One must include the following: uments

SF 424, SF 424 A, and SF 424B ...... http://www.acf.hhs.gov/programs/ofs/forms.htm. Table of Contents ...... Applicant must include a table of contents that accurately identifies the page number and where the information can be located. Table of Contents does not count against application page limit. Project Abstract ...... ANA Form: OMB Clearance Number 0980–0204. http://www.acf.hhs.gov/programs/ana. Proof of Non-Profit Status ...... As described in this announcement under Section ‘‘Other Eligibility In- formation’’. Resolution ...... Information for submission can be found in the Program Announce- ment Section ‘‘Other Eligibility Information’’. Documentation that the Board of Directors is majority Native American, As described in this announcement under ‘‘ANA Administrative Poli- if applicant is other than a tribe or Alaska Native Village government.. cies’’. Audit Letter ...... A Certified Public Accountant’s ‘‘Independent Auditors’ Report on Fi- nancial Statement.’’ This is usually only a two to three page docu- ment. (This requirement applies only to applicants with annual ex- penditures of $300,000 or more of federal funds). Applicant must also include that portion of the audit document that identifies all other federal sources of funding. Indirect Cost Agreement ...... Organizations and Tribes must submit a current indirect cost agree- ment (if claiming in-direct costs) that aligns with the approved ANA project period. The In-direct Cost Agreement must identify the indi- vidual components and percentages that make up the indirect cost rate.

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PART ONE.—FEDERAL FORMS AND OTHER REQUIRED DOCUMENTS—Continued

Content and location of part one required forms, certifications and doc- Part One must include the following: uments

Non-Federal Share of Waiver Request, per 45 CFR 1336.50(b) ...... A request for a waiver of the non-Federal share requirement may be submitted in accordance with 45 CFR 1336.50(b) (3) of the Native American Program regulations. (if applicable). Certification regarding Lobbying Disclosure of Lobbying Activities—SF May be found at www.acf.hhs.gov/programs/ofs/forms.htm. LLL. Certification regarding Maintenance of Effort ...... May be found at www.acf.hhs.gov/programs/ofs/forms.htm. Environmental Tobacco Smoke Certification ...... May be found at http://www.acf.hhs.gov/programs/ofs/forms.htm.

PART TWO.—APPLICATION REVIEW CRITERIA

Part two—proposed project Application Review Criteria—This section may not exceed 45 pages

Criteria One (5 pts) ...... Introduction and Project Summary/Project Abstract. Criteria Two (20 pts) ...... Objectives and Need for Assistance. Criteria Three (25 pts) ...... Approach: Include an Objective Work Plan (OWP) form for each 12 months of a project period. (Only one form is necessary for a 17- month project period). Criteria Four (20 pts) ...... Organizational Capacity. Criteria Five (20 pts) ...... Results or Benefits Expected. Criteria Six (10 pts) ...... Budget and Budget Justification Summary/Cost Effectiveness.

PART THREE.—APPENDIX

Appendix

Part Three—Support Documentation ...... This section may not exceed 20 pages. Part Three includes only supplemental information or required support documentation that addresses the applicant’s capacity to carry out and ful- fill the proposed project. These items include: letters of agreement with cooperating entities, in-kind commitment and support letters, business plans, and a summary of the Third Party Agreements. Do not include books, videotapes, studies or published reports and articles, as they will not be made available to the reviewers, or be returned to the applicant.

Additional Forms: Private-non-profit located under ‘‘Grant Related for Private, Non-Profit Grant organizations may submit with their Documents and Forms’’ titled ‘‘Survey Applicants’’. applications the additional survey

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

Survey for Private, Non-Profit Grant Appli- Per required form ...... May be found on http://www.acf.hhs.gov/pro- By application due cants. grams/ofs/form.htm. date.

4. Intergovernmental Review Agency will also consider whether the of a consortium), when the T/TA is Applications are not subject to grantee is already receiving funding for necessary to carry out project objectives. Executive Order 12372. a SEDS, Language, or Environmental • The purchase of real property or project from ANA. The Agency will also construction because those activities are 5. Funding Restrictions take into account in making funding not authorized by the Native American ANA does not fund: decisions whether a proposed project Programs Act of 1974, as amended. • Activities in support of litigation would require funding on indefinite or • Objectives or activities to support against the United States Government recurring basis. This determination will that are unallowable under OMB core administration activities of an be made after it is determined whether organization. However, functions and Circulars A–87 and A–122. the application meets the requirements • ANA has a policy of not funding activities that are clearly project related for eligibility as set forth in 45 CFR part are eligible for grant funding. Under duplicative projects or allowing any one 1336, subpart C, but before funding community to receive a Alaska SEDS projects, ANA will decisions are complete. disproportionate share of the funds consider funding core administrative available for award. When making • Projects in which a grantee would capacity building projects at the village decisions on awards of grants the provide training and/or technical government level if the village does not Agency will consider whether the assistance (T/TA) to other tribes or have governing systems in place. project is essentially identical or Native American organizations that are • Costs associated with fund raising, similar, in whole or significant part, to otherwise eligible to apply for ANA including financial campaigns, projects in the same community funding. However, ANA will fund T/TA endowment drives, solicitation of gifts previously funded or being funded requested by a grantee for its own use and bequests, and similar expenses under the same competition. The or for its members’ use (as in the case incurred solely to raise capital or obtain

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contributions are unallowable under an is located in section IV Application and support and testimonials from ANA grant award. Submission Information. concerned interests other than the • Major renovation or alteration Purpose: The Project Description is a applicant, may be included. Any because those activities are not major area by which an application is relevant data based on planning studies authorized under the Native American evaluated and ranked in competition should be included or referred to in the Programs Act of 1974, as amended. with other applications for financial endnotes/footnotes. Incorporate • Projects originated and designed by assistance. The Project Description demographic data and participant/ consultants who provide a major role for should be concise and complete and beneficiary information, as needed. In themselves and are not members of the should address the activity for which developing the Project Description, the applicant organization, Tribe, or village. Federal funds are being requested. applicant should provide information • Project activities that do not further Supporting documents should be on the total range of projects currently the three interrelated ANA goals of included if they present information being conducted and supported (or to be economic development or social clearly and succinctly. In preparing initiated) to ensure they are within the development or governance, or meet the your Project Description, all information scope of the program announcement. purpose of this program announcement. requested through each specific Results or Benefits Expected: Identify 6. Other Submission Requirements evaluation criteria should be provided. the results and benefits to be derived by ANA uses this and other information to the community and its members. For Submission by Mail: An Applicant make funding decisions. It is important, example, applicants are encouraged to must provide a complete original and therefore, that this information be describe the qualitative and quantitative two copies of the application with all included in the application. data collected, how this data will required forms and signed by the General Instructions: ANA is measure progress towards the stated authorized representative. The particularly interested in specific factual results or benefits, and how Application must be received at the information and statements of performance indicators under economic address below by 4:30 p.m. Eastern measurable goals and performance and social development and governance Standard Time on or before the closing indicators in quantitative terms. Project projects can be monitored, evaluated date. Applications should be mailed to: descriptions are evaluated on a basis of and verified. U.S. Department of Health and Human substance, not length. Extensive exhibits Approach: Outline a plan of action Services, Administration for Children are not required. Cross-referencing that describes the scope and detail of and Families, Office of Grants should be used rather than repetition. how the proposed work will be Management, Division of Discretionary Supporting information that does not accomplished. Account for all functions Grants, ‘‘Attention: Lois B. Hodge’’, 370 directly pertain to an integral part of the or activities identified in the L’Enfant Promenade, SW., Washington, grant-funded activity should be placed application. Cite factors, which might DC 20447. in the appendix. The application accelerate or decelerate the work and For Hand-Delivery: An Applicant narrative should be in a 12-pitch font. state your reason for taking the must deliver a complete original and A table of contents and an executive proposed approach rather than others. two copies of the application with all summary should be included. Each page Describe any unusual features of the required forms and signed by the should be numbered sequentially, project such as design or technological authorized representative. Applications including attachments or appendices. innovations, reductions in cost or time, shall be considered as meeting an Please do not include books, videotapes extraordinary social and community announced deadline if received on or or published reports because they are involvement or ease of project before the deadline date, between the not easily reproduced, are inaccessible replication by other tribes and Native hours of 8 a.m. to 4:30 p.m., EST, to the reviewers, and will not be organizations. List organizations, Monday through Friday (excluding returned to the applicant. cooperating entities, consultants, or Federal holidays). Applications may be Introduction: Applicants are required other key individuals who will work on delivered to the U.S. Department of to submit a full Project Description and the project along with a short Health and Human Services, shall prepare this portion of the grant description of the nature of their effort Administration for Children and application in accordance with the or contribution. Provide quantitative Families, Office of Grants Management, following instructions and the specified monthly or quarterly projections of the Division of Discretionary Grants, ACF evaluation criteria. The introduction accomplishments to be achieved for Mail Room, Second Floor Loading Dock, provides a broad overview of the each function or activity in such terms Aerospace Center, 901 D Street, SW., Project, and the information provided as the number of people served and the Washington, DC 20024. This address under each evaluation criteria expands number of activities accomplished. must appear on the envelope/package and clarifies the project program- Examples of these activities would be containing the application with the note specific activities and information that the number of businesses started or ‘‘Attention: Lois B. Hodge’’. Applicants reviewers will need to assess the expanded, the number of jobs created or are cautioned that express/overnight proposed project. retained, the number of people trained, mail services do not always deliver as Project Summary: Provide a summary the number of youth, couples or families agreed. of the Project Description (a page or assisted or the number elders less) with reference to the funding participating in the activity during that V. Application Review Information request. reporting period. When 1. Criteria Objectives and Need for Assistance: accomplishments cannot be quantified Clearly identify the physical, economic, by activity or function, list them in Instructions: ACF Uniform Project social, financial, institutional, and/or chronological order to show the dates Description (UPD) other problem(s) requiring a solution. and schedule of accomplishments. List The UPD text should be used as The need for assistance must be organizations, cooperating entities, general guidance in the development of demonstrated and the principal and consultants, or other key individuals projects. However, the specific ANA subordinate objectives of the project who will work on the project, as well as application submission format to be must be clearly stated; supporting a short description of the nature of their used in response to this announcement documentation, such as letters of effort or contribution.

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Organizational Profiles: Provide profit status; or (v) any of the items in • Equipment: Equipment means an information on the applicant the subparagraphs immediately above article of nonexpendable, tangible organization(s) and cooperating partners for a State or national parent personal property having a useful life of with organizational charts, financial organization and a statement signed by more than one year and an acquisition statements, audit reports or statements the parent organization that the cost, which equals or exceeds the lesser from CPA/Licensed Public Accountants, applicant organization is a local non- of (a) the capitalization level established Employer Identification Numbers, profit affiliate. Organizations by the organization for the financial names of bond carriers, contact persons incorporating in American Samoa are statement purposes, or (b) $5,000. (Note: and telephone numbers, child care cautioned that the Samoan government Acquisition cost means the net invoice licenses and other documentation of relies exclusively upon IRS unit price of an item of equipment, professional accreditation, information determinations of non-profit status; including the cost of any modifications, on compliance with Federal/State/local therefore, articles of incorporation attachments, accessories, or auxiliary government standards, documentation approved by the Samoan government do apparatus necessary to make it usable of experience in the program area, and not establish non-profit status for the for the purpose for which it is acquired. other pertinent information. Any non- purpose of ANA program eligibility. Ancillary charges, such as taxes, duty, profit organization submitting an General: The following guidelines are protective in-transit insurance, freight, application must submit proof of its for preparing the budget and budget and installation shall be included in or non-profit status in its application at the justification. Both Federal and non- excluded from acquisition cost in time of submission. Federal resources shall be detailed and accordance with the organization’s Third-Party Agreements: Include justified in the budget and narrative regular written accounting practices.). written agreements between grantees justification. For purposes of preparing Justification: For each type of and sub grantees or subcontractors or the budget and budget justification, equipment requested, provide a other cooperating entities. These ‘‘Federal resources’’ refers only to the description of the equipment, the cost agreements must detail scope of work to ACF grant for which you are applying. per unit, the number of units, the total be performed, work schedules, Non-Federal resources are all other cost, and a plan for use on the project, remuneration, and other terms and Federal and non-Federal resources. It is as well as use or disposal of the conditions that structure or define the suggested that budget amounts and equipment after the project ends. An relationship. computations be presented in a applicant organization that uses its own Budget and Budget Justification: columnar format: First column, object definition for equipment should provide Provide line item detail and detailed class categories; second column, Federal a copy of its policy or section of its calculations for each budget object class budget; next column(s), non-Federal policy, which includes the equipment identified on the Budget Information budget(s); and last column, total budget. definition. form. Detailed calculations must • The budget justification should be a Supplies: Costs of all tangible include estimation methods, quantities, personal property other than that narrative. unit costs, and other similar quantitative included under the Equipment category. • Personnel: The description of the detail sufficient for the calculation to be Justification: Specify general categories costs of employee salaries and wages. duplicated. The detailed budget must of supplies and their costs. Show Identify the project director or principal also include a breakout by the funding computations and provide other sources identified in Block 15 of the SF– investigator, if known. For each staff information that supports the amount 424. Provide a narrative budget person, provide the title, time requested. justification that describes how the commitment to the project (in months), • Contractual: Costs of all contracts categorical costs are derived. Discuss or time commitment to the project (as a for services and goods except for those, the necessity, reasonableness, and percentage or full-time equivalent), which belong under other categories allow-ability of the proposed costs. annual salary, grant salary, wage rates, such as equipment, supplies, Additional Information: The etc. Do not include the costs of construction, etc. Third-party evaluation following are requests for additional consultants or personnel costs of contracts (if applicable) and contracts information that need to be included in delegate agencies or of specific with secondary recipient organizations, the application: Any non-profit project(s) or businesses to be financed including delegate agencies and specific organization submitting an application by the applicant. project(s) or businesses to be financed must submit proof of its non-profit • Fringe Benefits: Costs of employee by the applicant, should be included status in the application at the time of fringe benefits unless treated as part of under this category. Justification: All submission. The non-profit organization an approved indirect cost rate. Provide procurement transactions shall be shall submit one of the following (i) a a breakdown of the amounts and conducted in a manner to provide, to reference to the applicant organization’s percentages that comprise fringe benefit the maximum extent practical, open and listing in the Internal Revenue Service’s costs such as health insurance, FICA, free competition. Recipients and sub- (IRS) most recent list of tax-exempt retirement insurance, taxes, etc. recipients, other than States that are organizations described in the IRS Code; • Travel: Costs of project-related required to use Part 92 procedures, must or (ii) a copy of the currently valid IRS travel by employees of the applicant justify any anticipated procurement tax exemption certificate; or (iii) a organization (does not include costs of action that is expected to be awarded statement from a State taxing body, consultant travel). Justification: For each without competition (sole source) and State Attorney General, or other trip, show the total number of exceed the simplified acquisition appropriate State official certifying that traveler(s), travel destination, duration threshold fixed at 41 U.S.C. 403(11) the applicant organization has a non- of trip, per diem, mileage allowances, if (currently set at $100,000.). Recipients profit status and none of the net privately owned vehicles will be used, may be required to make available to earnings accrue to any private and other transportation costs and ANA pre-award review and shareholders or individuals; or (iv) a subsistence allowances. Travel costs for procurement documents, such as certified copy of the organization’s key staff to attend ACF-sponsored request for proposals or invitations for certificate of incorporation or similar workshops should be detailed in the bids, independent cost estimates, etc. document that clearly establishes non- budget. Note: Whenever the applicant intends to

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delegate part of the project to another must be documented and submitted request. Describe the community (see agency, the applicant must provide a with the application in order to be given Definitions) to be affected by the project detailed budget and budget narrative for credit in the review process. A detailed and the community involvement in the each delegate agency, by agency title, budget must be prepared for each project. The Applicant should describe along with the required supporting budget period. the community’s long-range goals, and information referred to in these • Total Direct Charges, Total Indirect the community planning process and instructions. Charges, and Total Project Costs how the project supports these goals. • Other: Enter the total of all other Evaluation Criteria: ANA Discuss the geographic location of the costs. Such costs, where applicable and project and where the project and grant appropriate, may include but are not Approach (25 Points). The will be administered. limited to insurance, food, medical and Applicant’s narrative should be clear Applications from National American dental costs (noncontractual), and concise. The applicant should Indian and Native American professional services costs, space and provide a detailed project description organizations must clearly demonstrate equipment rentals, printing and with goals and objectives. It should a need for the project, explain how the publication, computer use, training discuss the project strategy and project originated, and discuss the costs, such as tuition and stipends, staff implementation plan over the project community-based program delivery development costs, and administrative period. Applicant should describe the strategy of the project, identify and costs. Justification: Provide project strategy using the Objective describe the intended beneficiaries, Work Plan (OWP). In the OWP, the computations, a narrative description, describe and relate the actual project applicant should identify the project and a justification for each cost under benefits to the community and objectives, time frames, proposed this category. organization, and describe a • activities, outcomes, and evaluation Indirect Charges: Total amount of community-based program delivery activity, as well as the individuals indirect costs. This category should be system. National Indian and Native responsible for completing the used only when the applicant currently organizations should describe their objectives and performing the activities. has an indirect cost rate approved by the membership and define how the Applicant should summarize how the Department of the Interior, Department organization operates, and demonstrates project description, objective(s), of Labor, the Department of Health and native community and/or Tribal approach, strategy and implementation Human Services (HHS), or other Federal government support for the project. The agency. Justification: An applicant that plan are inter-related. The applicant type of community served will will charge indirect costs to the grant should also include the names and determine the type of documentation must enclose a copy of the current rate activities of any organizations, necessary. agreement. If the applicant organization consultants, or other key individuals The applicant fully describes the is in the process of initially developing who will contribute to the project. status of Native American language(s) in or renegotiating a rate, it should The applicant should discuss the immediately upon notification that an planning and/or consultation efforts the community. Since obtaining this award will be made, develop a tentative undertaken, and the proposed objectives data may be part of the planning grant indirect cost rate proposal based on its and activities that reflect the language application being reviewed, applicants most recently completed fiscal year in needs of the local community. The can meet this requirement by explaining accordance with the principles set forth applicant explains how elders and other their current language status and in the cognizant agency’s guidelines for community members are involved in the providing a detailed description of any establishing indirect cost rates, and development of the language goals and circumstances or barriers, which have submit it to the cognizant agency. strategies. prevented the collection of community Applicants awaiting approval of their The Applicant should discuss any language data. If documentation exists, indirect cost proposals may also request Leveraged Resources (see Definitions) describe it in terms of current language indirect costs. It should be noted that used to strengthen and broaden the status. when an indirect cost rate is requested, impact of the proposed project. The Applicants should discuss and those costs included in the indirect cost Applicant should discuss commitments present objectives and goals to be pool should not also be charged as and contributions from other entities achieved and evaluated at the end of direct costs to the grant. Also, if the will enhance the project. Applicant each budget period. Proposed project applicant is requesting a rate which is should provide ‘‘Letters of objectives support the identified need less than what is allowed under the Commitment’’ that identify the time, and should be measurable. program, the authorized representative dollar amount, and activity to be Organizational Profile (20 Points). of the applicant organization must accomplished through partnerships. Provide information on the management submit a signed acknowledgement that Applicants should discuss the structure of the Applicant and the the applicant is accepting a lower rate relationship of non-ANA funded organizational relationships with its than allowed. activities to those objectives and cooperating partners. Include • Program Income: The estimated activities that will be funded with ANA organizational charts that indicate how amount of income, if any, expected to be grant funds. (Letters of Commitment are the proposed project will fit in the generated from this project. included in the Appendix). existing structure. Describe the Justification: Describe the nature, Objectives and Need for Assistance applicant’s capabilities such as the source, and anticipated use of program (20 Points). Applicant should show a administrative structure, and its ability income in the budget or refer to the clear relationship between the proposed to administer a project of the proposed pages in the application, which contain project, the strategy and community’s scope and its capacity to fulfill the this information. long-range goals. The need for implementation plan. • Non-Federal Resources: Amounts of assistance should clearly identify the If the applicant proposes to enter into non-Federal resources that will be used physical, economic, social, financial, a partnership arrangement with a to support the project as identified in governmental, and institutional school, college or university, Block 15 of the SF–424. Justification: challenges and problem(s) requiring a documentation of this commitment The firm commitment of these resources solution that supports the funding must be included in the application.

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Applicants are required to affirm that returned; (5) identify methods of express another organization’s they will credit the Administration for assessment used; and (6) the number of endorsement of a proposed project. Native Americans, and reference the children, youth, families or elders Support letters are not binding ANA funded project on any audio, involved. commitment letters. They do not video, and/or printed materials The applicant will indicate how it factually establish the authenticity of developed in whole or in part with ANA will measure the success of the separate other resources and do not offer or bind funds. project components and the project as a specific resources to the project. Applicants should list all current whole. The applicant should describe If an applicant plans to charge or sources of federal funding, the agency, how the success of the project would be otherwise seek credit for indirect costs purpose, amount, and provide the most evaluated and verified by an in its ANA application, a current copy recent certified signed audit letter for independent program monitoring and of its Indirect Cost Rate Agreement the organization to be included in Part evaluation team. Applicant should should be included in the application, One of the application. If the applicant provide a narrative on the specific with all cost broken down by category has audit exceptions, these issues performance indicators that can be so ANA reviewers can determine what should be addressed. analyzed, measured, monitored, and is included in the indirect cost pool. Applicants should provide ‘‘staffing evaluated. Relate these performance Applicants that do not submit a current and position data’’ to include a indicators to the project goals, Indirect Cost Rate Agreement, may not proposed staffing pattern for the project objectives, and outcomes. Project be able to claim the allowable cost, may where the applicant highlights the new outcomes support the identified need have the grant award amount reduced, project and staff. Positions discussed in and should be measurable. or result in a delay in grant award. this section must match the positions Budget and Budget Justification/Cost Applicants are strongly encouraged to identified in the Objective Work Plan Effectiveness (10 Points). Budget and include sufficient funds for principal and in the proposed budget. Note: Budget Justification: An applicant must representatives, such as the chief Applicants are strongly encouraged to submit an itemized budget detailing the financial officer or project director from give preference to qualified Native applicant’s Federal and non-Federal the applicant organization to travel to Americans in hiring project staff and in share and citing source(s) of funding. A one ANA post-award grant training and contracting services under an approved budget narrative describing the line item technical assistance workshop. This ANA grant. Applicant should provide a budget should be included. The budget expenditure is allowable for new grant paragraph of the duties and skills should include a line item justification recipients and optional for grantees that required for the proposed staff and a for each Object Class Category listed have had previous ANA grant awards, paragraph on qualifications and under Section B—‘‘Budget Categories’’ and will be negotiated upon award. experience of current staff. Full position of the ‘‘Budget Information-Non Applicants may also include costs to descriptions are required to be Construction Programs on the SF 424A travel to an ANA grantee conference. submitted and included in the form. The budget should include the Cost Effectiveness: This criterion Appendix. Applicant should explain necessary details to facilitate the reflects ANA’s concern with ensuring how the current and future staff will determination of allowable costs and the that the expenditure of its limited manage the proposed project. Brief relevance of these costs to the proposed resources yields the greatest benefit biographies of key positions or project. possible in achieving the preservation of individuals should be included. Applicant should briefly explain its Native American languages. Applicants Results or Benefits Expected (20 operational budget and any additional demonstrate this by: summarizing Points). In this section the applicant anticipated funding (including unique partnerships and the efficient use of should discuss the ‘‘Performance financial circumstances, with potential leveraged resources; explaining the Indicators’’ (see Definitions) and the impact on the project such as upcoming impact on the identified community benefits expected as a result of this monetary or land settlements), and how through measurable project outcomes; project. Performance indicators identify the proposed project fits in the overall and presenting a project that is qualitative and quantitative data budget. completed, or self-sustaining or directly associated with the project. The non-federal budget share should supported by other than ANA funds by Each applicant should submit five identify the source and be supported by the end of the project period. indicators to support the applicant’s letters of commitment. Letters of Introduction and Project Summary/ project. Three performance indicators commitment (see Definitions) are Project Abstract (5 Points). Using the should be selected from the list below. binding when they specifically state the ANA Project Abstract, the applicant Each grantee is required to develop two nature, the amount, and conditions should provide a Project Introduction. additional indicators specific to the under which another agency or The Introduction will provide the reader project that directly support the goals organization will support a project an overview and some details of the and objectives. For each performance funded with ANA funds. These proposed project. This is where the indicator selected the applicant should resources may be human, natural, or project is introduced to the peer review discuss the relevance of the data, the financial, and may include other panel. Identify the name of the method for collecting the data, and the Federal and non-Federal resources. For applicant, location of the community to evaluation process. Performance example, a letter from another Federal be served by the proposed project, the indicators will be reported to ANA in agency or foundation pledging a project activities, amount requested, the grantee’s quarterly report. For commitment of $200,000 in amount of matching funds to be Category I applications, three of the five construction funding to complement provided, the length of time required to performance indicators required, will be proposed ANA funded pre-construction accomplish the project, and the selected from the following list: (1) The activity is evidence of a firm funding outcomes or outputs to be achieved. type(s) of assessments used; (2) the commitment. Statements that additional number of community meetings held to funding will be sought from other 2. Review and Selection Process engage the public; (3) the number of specific sources are not considered a Initial Screening: Each application communities surveyed; (4) the number binding commitment of outside submitted under this program of surveys distributed and number resources. Letters of Support merely announcement will undergo a pre-

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review screening to determine if (a) the ANA’s program areas of interest. A for which support is contemplated. The application was received by the Program determination will be made as to Financial Assistance Award will be Announcement closing date; (b) the whether the proposed project is an signed by the Grants Officer and sent to application was submitted in effective use of federal funds. the applicants Authorizing Official. accordance with Section IV, Application Review Criteria: ANA has Organizations whose applications will ‘‘Application and Submission expanded the review criteria to allow not be funded will be notified in Information’’; (c) the applicant is for a more equitable distribution of writing. points during the application review eligible for funding in accordance with 2. Administrative and National Policy and competition process. The use of the Section III of this program Requirements announcement; (d) the applicant has six criteria distributes the number of submitted the proper support points more equitably. Based on the 45 CFR part 74, 45 CFR part 92, 45 documentation such as proof of non- ACF Uniform Project Description, CFR part 1336, subpart C, and 42 U.S.C. profit status, resolutions, and required ANA’s criteria categories are Project 2991 et seq.—Native American government forms; (e) an authorized Introduction; Objectives and Need for Programs Act of 1974. representative has signed the Assistance; Project Approach; Paperwork Reduction Act of 1995 application; and (f) applicant has a Organizational Capacity; Results and (Pub. L. 104–13): Public reporting DUNS number. An application that fails Benefits Expected; and Budget and burden for this collection of information to meet one of the above elements will Budget Narrative. is estimated to average 120 hours per be determined to be incomplete and As non-Federal reviewers will be response, including the time for excluded from the competitive review used, applicants have the option of reviewing instructions, gathering and process. Applicants, with incomplete omitting from the application copies maintaining the data needed and applications, will be notified by mail (not original) specific salary rates or reviewing the collection information. within 30 business days from the amounts for individuals specified in the The project description is approved closing date of this program application budget and Social Security under OMB control number 0970–0139 announcement. ANA staff cannot Numbers, if otherwise required for which expires 3/31/04. The Survey on respond to requests for information individuals. The copies may include Ensuring Equal Opportunity for regarding funding decisions prior to the summary salary information. Applicants form is approved under official applicant notification. After the Application Consideration: The OMB control number 1890–0014 which Commissioner has made decisions on Commissioner’s funding decision is expires 1/31/06. all applications, unsuccessful applicants based on: an analysis of the application 3. Reporting Requirements will be notified in writing within 90 by the review panel, panel review scores Programmatic Reports: Quarterly. days. If pertinent, the notification will and comments; an analysis by ANA staff Financial Reports: Quarterly. present the application weaknesses and review of previous ANA grant award performance (such as timely Special Reporting Requirements: An identified during the review process. original and two copies of each Applicants are not ranked based on reporting and successful grant close- out); comments of State and Federal performance report and financial status general financial need. Applicants, who report must be submitted to the Grants are initially excluded from competition agencies having contract and grant performance related information; and Officer. Failure to submit these reports because of ineligibility, may appeal the when required will mean the grantee is decision. Applicants may also appeal an other interested parties. The Commissioner makes grant awards non-compliant with the terms and ANA decision that an applicant’s conditions of the grant award and proposed activities are ineligible for consistent with the purpose of the Native American Programs Act (NAPA), subject to administrative action or funding consideration. The appeals termination. Performance reports are process is stated in the final rule all relevant statutory and regulatory requirements, this program submitted 30 days after each quarter (3- published in the Federal Register on month intervals) of the budget period. August 19, 1996 (61 FR 42817 and 45 announcement, and the availability of appropriated funds. The Commissioner The final performance report, due 90 CFR part 1336, subpart C). days after the project period end date, Competitive Review Process: reserves the right to award more, or less, than the funds described or under such shall cover grantee performance during Applications that pass the initial the entire project period. All grantees screening process will be analyzed, circumstances as may be deemed to be in the best interest of the federal shall use the SF 269 (Long Form) to evaluated and rated by an independent report the status of funds. Financial review panel on the basis of the government. Applicants may be required to reduce the scope of projects Status Reports are submitted 30 days evaluation criteria specified below. The after each quarter (3-month intervals) of evaluation criteria were designed to based on the amount of approved award. the budget period. The final report shall analyze and assess the quality of a be due 90 days after the end of the proposed community-based project, the VI. Award Administration Information project period. likelihood of its success, and the ability to monitor and evaluate community 1. Award Notice VII. Agency Contacts impact and long-term results. The Approximately 120 days after the Program Office Contact: ANA evaluation criteria and analysis are application due date, the successful Applicant Help Desk, 370 L’Enfant closely related and are wholly applicants will be notified by mail Promenade, SW., Aerospace Building considered in judging the overall quality through the issuance of a Financial 8th Floor-West, Washington, DC 20447– of an application. In addition, the Assistance Award document which will 0002, Telephone: 202–690–7776 or toll- evaluation criteria will standardize the set forth the amount of funds granted, free at 1–877–922–9262, E-mail: review of each application and the terms and conditions of the grant, [email protected]. distribute the number of points more the effective date of the grant, the Grants Management Office Contact: equitably. Applications will be budget period for which initial support Lois B. Hodge, 370 L’Enfant Promenade, evaluated in accordance with the will be given, the non-Federal share to SW., Aerospace Building 8th Floor- program announcement criteria and be provided and the total project period West, Washington, DC 20447–0002,

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Telephone: (202) 401–2344, E-mail: recording equipment, computers, and • Non-profit Alaska Native [email protected]. software) necessary to achieve the community entities or Tribal governing project objectives. The applicant must bodies (Indian Reorganization Act or VIII. Other Information fully justify the need for this equipment Traditional Councils) as recognized by Training and Technical Assistance: and explain how it will be used to the Bureau of Indian Affairs. All potential ANA applicants are achieve the project objectives. Organizations in Palau are not longer eligible to receive training and technical eligible for assistance from ANA. (Legal II. Award Information assistance in the Native Language authority: 48 U.S.C 1931). program area. Prospective applicants Funding Instrument Type: Grant. Additional Information on Eligibility: should check ANA’s Web site for Anticipated Total Program Area 2 Please refer to section I ‘‘Funding training and technical assistance dates Funding: $1,000,000. Opportunity Description’’ to review and locations, or contact the ANA Help Anticipated Number of Awards: 10– general ANA Administrative Policies for Desk at 1–877–922–9262. Due to the 20. any applicable statutory policies new application and program additions Average Projected Award Amount: pertaining to application eligibility. and modifications, ANA strongly $25,000 to $175,000. In support of the Presidential encourages all prospective applicants to Length of Project Period: 12, 17, 24, or Executive Orders on Asian American participate in free pre-application 36 months. and Pacific Islanders, Community-Based training. Ceiling on Amount of Individual Alternatives for Individuals With Awards: $175,000. Program Area 2 Disabilities, and Faith-Based and An application that exceeds the upper Community Organizations, ANA Native Language Preservation and value of the dollar range specified will encourages greater participation from Maintenance (Category II: Design and/or be considered ‘‘non-responsive’’ and be Hawaiian and Pacific Islander Implementation Grants) returned to the applicant without communities, encourages Native further review. The purposes of Design and/or communities to address the needs of Floor Amount: $25,000. Implementation Grants are so Tribes or people with disabilities, and invites communities may design and/or III. Eligibility Information eligible faith-based and community implement a language program to organizations to apply. This program 1. Eligible Applicants achieve their long-range goal(s) and to announcement will emphasize accommodate the Tribe or community • Federally recognized Indian Tribes; community-based, locally designed in reaching their long-term language • Consortia of Indian Tribes; projects. This emphasis will increase goal(s). • Incorporated non-Federally the number of grants to local Program Areas of Interest under recognized Tribes; community organizations and expand Category II include: • Incorporated non-profit multi- the number of partnerships among • Projects that produce culturally purpose community-based Indian locally based non-profit organizations. relevant printed stories for children on organizations; ANA will accept applications from mental and physical disabilities using • Urban Indian Centers; multiple organizations in the same the Native language of the community. • National or regional incorporated geographic area. Previously, under each • Establish and/or support of a non-profit Native American competitive program area, ANA community language project to bring organizations with Native American accepted one application that served or older and younger Native Americans community-specific objectives; impacted a reservation, Tribe or Native together to facilitate and encourage the • Alaska Native villages, as defined in American community. The reason for teaching of Native American language the Alaska Native Claims Settlement Act this change is to expand and support skills from one generation to another; (ANSCA) and/or non-profit village large Native American rural and urban • Establish and/or support training consortia; communities that provide a variety of projects to teach Native American • Incorporated non-profit Alaska services in the same geographic area. languages or to serve as interpreters or Native multi-purpose community based Although Tribes are limited to three translators of Native languages; organizations; simultaneous ANA grants (SEDS, • Projects that develop, print, and/or • Non-profit Alaska Native Regional Language and Environmental) at any disseminate materials to be used for the Corporations/Associations in Alaska one time, this clarification allows other teaching and enhancement of Native with village specific projects. community based organizations to apply American languages; • Non-profit Native organizations in for ANA funding, provided the • Projects that implement an Alaska with village specific projects; objectives and activities do not immersion model, mentor, or • Public and non-profit private duplicate currently funded projects incorporate distance learning for the agencies serving Native Hawaiians; serving the same geographic area. teaching of the Native language. • Public and non-profit private Proof of Non-Profit Status: Any non- • Projects to distribute or broadcast agencies serving native peoples from profit organization submitting an Native languages; Guam, American Samoa, or the application must submit proof of its • Establish and/or support training Commonwealth of the Northern Mariana non-profit status in its application at the projects to produce or participate in, Islands (the populations served may be time of submission. The non-profit television, radio or other media forms, located on these islands or in the agency can accomplish this by to be broadcast in Native American continental United States); providing: languages; • Tribally-controlled Community • A reference to the applicant • Projects that compile, transcribe Colleges, Tribally-controlled Post- organization’s listing in the Internal and perform analysis of oral testimony Secondary Vocational Institutions, and Revenue Service’s (IRS) most recent list in order to record and preserve the colleges and universities located in of tax-exempt organizations described in language; and, Hawaii, Guam, American Samoa or the the IRS Code; or • Project that purchase specialized Commonwealth of the Northern Mariana • A copy of the currently valid IRS equipment (including audio and video Islands which serve Native peoples; and tax exemption certificate; or

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• A statement from a State taxing be submitted in accordance with 45 CFR Drive, Suite 302, McLean, Virginia body, State Attorney General, or other 1336.50(b) (3) of the Native American 22101, Toll Free: 888–221–9686, (703) appropriate State official certifying that Program regulations. Applications 821–2226 x-234, Fax: (703) 821–3680, the applicant organization has a non- originating from American Samoa, Kendra King-Bowes, Project Manager, E- profit status and none of the net Guam, or the Commonwealth of the mail: [email protected], earnings accrue to any private Northern Mariana Islands are covered www.anaeastern.org. shareholders or individuals; or under section 501(d) of Public Law 95– Region II: AZ, CA, CO, ID, MT, NM, • A certified copy of the 134, as amended (48 U.S.C. 1469a) NV, OR, UT, WA, WY. organization’s certificate of under which HHS waives any ACKCO, Inc., 2214 N. Central, Suite incorporation or similar document that requirement for matching funds under #250, Phoenix, Arizona 85004, Toll clearly establishes non-profit status; or $200,000 (including in-kind Free: 800–525.2859, (602) 253–9211, • any of the items in the contributions). For ANA grants under Fax (602) 253–9135, Theron Wauneka, subparagraphs immediately above for a this announcement there is no match Project Manager, E-mail: State or national parent organization required for these insular areas. [email protected], and a statement signed by the parent www.anawestern.com. organization that the applicant 3. Other (If Applicable) Region III: Alaska. organization is a local non-profit DUNS Number: On June 27, 2003, the Native American Management affiliate. Office of Management and Budget Services, Inc., 11723 Old Glenn Organizations incorporating in published in the Federal Register a new Highway, Suite 201, Eagle River, Alaska American Samoa are cautioned that the Federal policy applicable to all Federal 99577, Toll Free 877–770–6230, (907) Samoan government relies exclusively grant applicants after giving notice in 694–5711, Fax (907) 694–5775, P.J. Bell, upon IRS determinations of non-profit the Federal Register on June 27, 2002 Project Manager, E-mail: [email protected], status; therefore, articles of and opportunity for public comment. www.anaalaska.org. incorporation approved by the Samoan The policy requires all Federal grant Region IV: American Samoa (AS), government do not establish non-profit applicants to provide a Dun and Guam, HI, Commonwealth of Northern status for the purpose of ANA program Bradstreet Data Universal Numbering Mariana Islands (CNMI). eligibility System (DUNS) number when applying Council for Native Hawaiian Resolution: Applicant is required to for Federal grants or cooperative Advancement, 33 South King Street, include a current signed Resolution (a agreements on or after October 1, 2003. Suite 513, Honolulu, Hawaii 96813, formal decision voted on by the official The DUNS number will be required Toll-Free 800–709–2642, (808) 521– governing body) in support of the whether an applicant is submitting a 5011, Fax: (808) 521–4111, Jade Danner, project for the entire project period. The paper application or using the Project Manager, E-mail: Resolution must indicate who is government-wide electronic portal [email protected], authorized to sign documents and (www.Grants.Gov). A DUNS number www.anapacific.org. negotiate on behalf of the Tribe or will be required for every application 2. Content and Form of Application organization. The Resolution should for a new award or renewal/ Submission indicate that the community was continuation of an award, including involved in the project planning applications or plans under mandatory Please refer to section I ‘‘Funding process, and indicate the specific dollar grant programs, submitted on or after Opportunity Description’’ to review amount of any non-Federal matching October 1, 2003. A DUNS number may general ANA Administrative Policies for funds (if applicable). be acquired at no cost by calling the any applicable statutory policies dedicated toll-free DUNS number pertaining to application content and 2. Cost Sharing or Matching request line on 1–866–705–5711 or you form. Grantees must provide at least 20 may request a number on-line at http:/ Application Submission: An original percent of the total approved cost of the /www.dnb.com. and two copies of the complete project. The total approved cost of the Applicants are cautioned that the application are required. The original project is the sum of the ACF share and ceiling for individual awards is copy must include all required forms, the non-federal share. The required $175,000. Applications exceeding the certifications, assurances, and match can be computed by dividing $175,000 threshold will be returned appendices, be signed by an authorized total Federal funds by 80 percent for without review. representative, have original signatures, total project costs then subtracting the Applications that fail to include the and be submitted unbound. The two Federal portion. The remainder is the required amount of cost-sharing will be additional copies of the complete required match. Therefore, a project considered non-responsive and will not application must include all required requesting $100,000 in Federal funds be eligible for funding under this forms, certifications, assurances, and (per budget period) must provide a announcement. appendices and must also be submitted match of at least $ 25,000 ($100,000/ unbound. Applicants have the option of ¥ IV. Application and Submission 80% = $125,000 $100,000 = $25,000). Information omitting from the application copies Grantees must be able to verify (not the original) specific salary rates or commitments of the non-Federal 1. Address To Request Application amounts for individuals specified in the resources. Failure to provide the non- Package application budget. A complete Federal share match will result in the The ANA regional Training and application for assistance under this disallowance of Federal funding Technical Assistance providers at: Program Announcement consists of commitment. Region I: AL, AR, CT, DC, DE, FL, GA, Three Parts. Part One is the SF 424, Applications that fail to include the IA, IL, IN, KS, KY, LA, MA, MD, ME, Required Government Forms, and other required amount of cost-sharing will be MI, MN, MO, MS, NC, ND, NE, NH, NJ, required documentation. Part Two of considered non-responsive and will not NY, OH, OK, PA, RI, SC, SD, TN, TX, the application is the project substance be eligible for funding under this VA, VT, WI, W.VA. of the application. This section of the announcement. A request for a waiver of Native American Management application may not exceed 45 pages. the non-Federal share requirement may Services, Inc., 6858 Old Dominion Part Three of the application is the

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Appendix. This section of the smaller than 12-point and the font type Standard Time) on or before April 2, application may not exceed 20 pages shall be Times New Roman. These 2004. (the exception to this 20 page limit requirements do not apply to the project Deadline: Mailed applications shall be applies only to projects that require, if Abstract Form, Letters of Commitment, considered as meeting an announced relevant to the project, a Business Plan the Table of Contents, and the Objective deadline if received on or before the or any Third-Party Agreements). Work Plan. deadline time and date at the U.S. Electronic Submission: While ACF Forms and Assurances: The project Department of Health and Human does have the capability to receive description should include all the Services, Administration for Children program announcement applications information requirements described in and Families, Office of Grants electronically through Grants.gov, the specific evaluation criteria outlined Management, Division of Discretionary electronic submission of applications in the program announcement under Grants, 370 L’Enfant Promenade, SW., will not be available for this particular Part V. In addition to the project Washington, DC 20447. This address announcement. There are required description, the applicant needs to must appear on the envelope/package application form(s) specific to ANA that complete all the standard forms containing the application with the note have not yet received clearance from required for making applications for ‘‘Attention: Lois B. Hodge’’. Applicants Grants.gov. While electronic submission awards under this announcement. are cautioned that express/overnight of applications may be available in the Applicants requesting financial mail services do not always deliver as next fiscal year for this program, no assistance for non-construction projects agreed. electronic submission of applications must file the Standard Form 424B, will be accepted for this announcement ‘‘Assurances: Non-Construction Hand Delivery: The Application shall this year as they would be missing those Programs.’’ Applicants must sign and be considered as meeting an announced required ANA forms and be considered return the Standard Form 424B with deadline if received on or before the incomplete. their applications. Applicants must deadline date, between the hours of 8 Organization and Preparation of provide a certification regarding a.m. to 4:30 p.m., Monday through Application: Due to the intensity and lobbying when applying for an award in Friday (excluding Federal holidays). pace of the application review and excess of $100,000. Applicants must Applications may be delivered to U.S. evaluation process, ANA strongly sign and return the certification with Department of Health and Human recommends applicants organize, label, their applications. Applicants must Services, Administration for Children and insert required information in disclose lobbying activities on the and Families, Office of Grants accordance with Part One, Part Two, Standard Form LLL when applying for Management, Division of Discretionary and Part Three as presented below. The an award in excess of $100,000. Grants, ACF Mail Room, Second Floor application should begin with the Applicants who have used non-Federal Loading Dock, Aerospace Center, 901 D information requested in Part One. funds for lobbying activities in Street, SW., Washington, DC 20024. Utilizing this format will ensure all connection with receiving assistance This address must appear on the information submitted to support an under this announcement shall envelope/package containing the applicant’s request for funding is complete a disclosure form, if application with the note ‘‘Attention: thoroughly reviewed. Deviation from applicable, with their applications. The Lois B. Hodge’’. Applicants are this suggested format may reduce the forms (Forms 424, 424A–B; and cautioned that express/overnight mail applicant’s ability to receive maximum Certifications may be found at: services do not always deliver as agreed. points, which are directly related to www.acf.hhs.gov/programs/ofs/ Late Applications: Applications that ANA’s funding review decisions. forms.htm. Fill out Standard Forms 424 do not meet the Deadline criteria above ANA Application Format: ANA and 424A and the associated will be considered late applications. Application Format: ANA will now certifications and assurances based on ACF will notify each late applicant that require all applications to be labeled the instructions on the forms. its application will not be considered with a Section Heading in compliance Survey: Private, non-profit for review in the current competition. with the format provided in the program organizations are encouraged to submit Extension of Deadline: ACF may announcement. This format applies to with their applications the survey extend application deadlines when all applicants submitting applications located under ‘‘Grant Related circumstances such as acts of God for funding. All pages submitted Documents and Forms’’ titled ‘‘Survey (floods, hurricanes, etc.) occur, when (including Government Forms, for Private, Non-Profit Grant there are widespread disruptions of mail certifications and assurances) should be Applicants’’ at www.acf.hhs.gov/ service. Determinations to extend or numbered consecutively. The paper size programs/ofs/forms.htm. (OMB No. 1 × waive deadline requirements rest with shall be 8 ⁄2 11 inches, line spacing 1890–0014 Exp. 1/31/06). shall be a space and a half (1.5 line the Chief Grants Management Officer. spacing), printed only on one side, and 3. Submission Date and Time Required Forms: All requirements for have a half-inch margin on all sides of The Application must be received at submission are due on or before the the paper. The font size should be no the address below by 4:30 p.m. (Eastern Deadline date.

PART ONE.—FEDERAL FORMS AND OTHER REQUIRED DOCUMENTS

Content and location of Part One required forms, certifications, and Part One must include the following: documents

SF 424, SF 424A, and SF 424B ...... http://www.acf.hhs.gov/programs/ofs/forms.htm. Table of Contents ...... Applicant must include a table of contents that accurately identifies the page number and where the information can be located. Table of Contents does not count against application page limit. Project Abstract...... ANA Form: OMB Clearance Number 0980–0204, http:// www.acf.hhs.gov/programs/ana.

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PART ONE.—FEDERAL FORMS AND OTHER REQUIRED DOCUMENTS—Continued

Content and location of Part One required forms, certifications, and Part One must include the following: documents

Proof of Non-Profit Status ...... As described in this announcement under Section ‘‘Other Eligibility In- formation’’. Resolution ...... Information for submission can be found in the Program Announce- ment Section ‘‘Other Eligibility Information’’. Documentation that the Board of Directors is majority Native American, As described in this announcement under ‘‘ANA Administrative Poli- if applicant is other than a tribe or Alaska Native Village government.. cies’’. Audit Letter ...... A Certified Public Accountant’s ‘‘Independent Auditors’ Report on Fi- nancial Statement.’’ This is usually only a two to three page docu- ment. (This requirement applies only to applicants with annual ex- penditures of $300,000 or more of federal funds). Applicant must also include that portion of the audit document that identifies all other federal sources of funding. Indirect Cost Agreement ...... Organizations and Tribes must submit a current indirect cost agree- ment (if claiming indirect costs) that aligns with the approved ANA project period. The Indirect Cost Agreement must identify the indi- vidual components and percentages that make up the indirect cost rate. Non-Federal Share of Waiver Request, per 45 CFR 1336.50(b) ...... A request for a waiver of the non-Federal share requirement may be submitted in accordance with 45 CFR 1336.50(b)(3) of the Native American Program regulations (if applicable). Certification regarding Lobbying Disclosure of Lobbying Activities—SF May be found at www.acf.hhs.gov/programs/ofs/forms.htm. LLL. Certification regarding Maintenance of Effort ...... May be found at www.acf.hhs.gov/programs/ofs/forms.htm. Environmental Tobacco Smoke Certification ...... May be found at http://www.acf.hhs.gov/programs/ofs/forms.htm.

PART TWO—APPLICATION REVIEW CRITERIA

Part two—proposed project Application review criteria—This section may not exceed 45 pages

Criteria One (5 pts) ...... Introduction and Project Summary/Project Abstract. Criteria Two (20 pts) ...... Objectives and Need for Assistance. Criteria Three (25 pts) ...... Approach: Include an Objective Work Plan (OWP) for each year of the project period. Only one OWP form is needed for a 17-month project period. Criteria Four (20 pts) ...... Organizational Capacity. Criteria Five (20 pts) ...... Results or Benefits Expected. Criteria Six (10 pts) ...... Budget and Budget Justification Summary/Cost Effectiveness.

PART THREE—APPENDIX

Appendix

Part Three—Support Documentation ...... This section may not exceed 20 pages. Part Three includes only supplemental information or required support documentation that addresses the applicant’s capacity to carry out and ful- fill the proposed project. These items include: letters of agreement with cooperating entities, in-kind commitment and support letters, business plans, and a summary of the Third Party Agreements. Do not include books, videotapes, studies or published reports and articles, as they will not be made available to the reviewers, or be returned to the applicant.

Additional Forms: Private-non-profit located under ‘‘Grant Related for Private, Non-Profit Grant organizations may submit with their Documents and Forms’’ titled ‘‘Survey Applicants’’. applications the additional survey

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

Survey for Private, Non-Profit Grant Appli- Per required form ...... May be found on http://www.acf.hhs.gov/pro- By application due cants. grams/ofs/form.htm. date.

4. Intergovernmental Review • Activities in support of litigation community to receive a against the United States Government disproportionate share of the funds Applications are not subject to that are unallowable under OMB available for award. When making Executive Order 12372. Circulars A–87 and A–122. decisions on awards of grants the 5. Funding Restrictions • ANA has a policy of not funding Agency will consider whether the ANA does not fund: duplicative projects or allowing any one project is essentially identical or

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similar, in whole or significant part, to address below by 4:30 PM Eastern measurable goals and performance projects in the same community Standard Time on or before the closing indicators in quantitative terms. Project previously funded or being funded date. Applications should be mailed to: descriptions are evaluated on a basis of under the same competition. The U.S. Department of Health and Human substance, not length. Extensive exhibits Agency will also consider whether the Services, Administration for Children are not required. Cross-referencing grantee is already receiving funding for and Families, Office of Grants should be used rather than repetition. a SEDS, Language, or Environmental Management, Division of Discretionary Supporting information that does not project from ANA. The Agency will also Grants, ‘‘Attention: Lois B. Hodge’’, 370 directly pertain to an integral part of the take into account in making funding L’Enfant Promenade, SW., Washington, grant-funded activity should be placed decisions whether a proposed project DC 20447. in the appendix. The application would require funding on indefinite or For Hand-Delivery: An Applicant narrative should be in a 12-pitch font. recurring basis. This determination will must deliver a complete original and A table of contents and an executive be made after it is determined whether two copies of the application with all summary should be included. Each page the application meets the requirements required forms and signed by the should be numbered sequentially, for eligibility as set forth in 45 CFR part authorized representative. Applications including attachments or appendices. 1336, subpart C, but before funding shall be considered as meeting an Please do not include books, videotapes decisions are complete. announced deadline if received on or or published reports because they are • Projects in which a grantee would before the deadline date, between the not easily reproduced, are inaccessible provide training and/or technical hours of 8 a.m. to 4:30 p.m., EST, to the reviewers, and will not be assistance (T/TA) to other tribes or Monday through Friday (excluding returned to the applicant. Native American organizations that are Federal holidays). Applications may be Introduction: Applicants are required otherwise eligible to apply for ANA delivered to the U.S. Department of to submit a full Project Description and funding. However, ANA will fund T/TA Health and Human Services, shall prepare this portion of the grant requested by a grantee for its own use Administration for Children and application in accordance with the or for its members’ use (as in the case Families, Office of Grants Management, following instructions and the specified of a consortium), when the T/TA is Division of Discretionary Grants, ACF evaluation criteria. The introduction necessary to carry out project objectives. Mail Room, Second Floor Loading Dock, provides a broad overview of the • The purchase of real property or Aerospace Center, 901 D Street, SW., Project, and the information provided construction because those activities are Washington, DC 20024. This address under each evaluation criteria expands not authorized by the Native American must appear on the envelope/package and clarifies the project program- Programs Act of 1974, as amended. containing the application with the note specific activities and information that • Objectives or activities to support ‘‘Attention: Lois B. Hodge’’. Applicants reviewers will need to assess the core administration activities of an are cautioned that express/overnight proposed project. organization. However, functions and mail services do not always deliver as Project Summary: Provide a summary activities that are clearly project related agreed. of the Project Description (a page or less) with reference to the funding are eligible for grant funding. Under V. Application Review Information Alaska SEDS projects, ANA will request. consider funding core administrative 1. Criteria Objectives and Need for Assistance: capacity building projects at the village Clearly identify the physical, economic, Instructions: ACF Uniform Project social, financial, institutional, and/or government level if the village does not Description (UPD) have governing systems in place. other problem(s) requiring a solution. • Costs associated with fund raising, The UPD text should be used as The need for assistance must be including financial campaigns, general guidance in the development of demonstrated and the principal and endowment drives, solicitation of gifts projects. However, the specific ANA subordinate objectives of the project and bequests, and similar expenses application submission format to be must be clearly stated; supporting incurred solely to raise capital or obtain used in response to this announcement documentation, such as letters of contributions are unallowable under an is located in section IV Application and support and testimonials from ANA grant award. Submission Information. concerned interests other than the • Major renovation or alteration Purpose: The Project Description is a applicant, may be included. Any because those activities are not major area by which an application is relevant data based on planning studies authorized under the Native American evaluated and ranked in competition should be included or referred to in the Programs Act of 1974, as amended. with other applications for financial endnotes/footnotes. Incorporate • Projects originated and designed by assistance. The Project Description demographic data and participant/ consultants who provide a major role for should be concise and complete and beneficiary information, as needed. In themselves and are not members of the should address the activity for which developing the Project Description, the applicant organization, Tribe, or village. Federal funds are being requested. applicant should provide information • Project activities that do not further Supporting documents should be on the total range of projects currently the three interrelated ANA goals of included if they present information being conducted and supported (or to be economic development or social clearly and succinctly. In preparing initiated) to ensure they are within the development or governance, or meet the your Project Description, all information scope of the program announcement. purpose of this program announcement. requested through each specific Results or Benefits Expected: Identify evaluation criteria should be provided. the results and benefits to be derived by 6. Other Submission Requirements ANA uses this and other information to the community and its members. For Submission by Mail: An Applicant make funding decisions. It is important, example, applicants are encouraged to must provide a complete original and therefore, that this information be describe the qualitative and quantitative two copies of the application with all included in the application. data collected, how this data will required forms and signed by the General Instructions: ANA is measure progress towards the stated authorized representative. The particularly interested in specific factual results or benefits, and how Application must be received at the information and statements of performance indicators under economic

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and social development and governance agreements must detail scope of work to ACF grant for which you are applying. projects can be monitored, evaluated be performed, work schedules, Non-Federal resources are all other and verified. remuneration, and other terms and Federal and non-Federal resources. It is Approach: Outline a plan of action conditions that structure or define the suggested that budget amounts and that describes the scope and detail of relationship. computations be presented in a how the proposed work will be Budget and Budget Justification: columnar format: first column, object accomplished. Account for all functions Provide line item detail and detailed class categories; second column, Federal or activities identified in the calculations for each budget object class budget; next column(s), non-Federal application. Cite factors, which might identified on the Budget Information budget(s); and last column, total budget. accelerate or decelerate the work and form. Detailed calculations must The budget justification should be a state your reason for taking the include estimation methods, quantities, narrative. proposed approach rather than others. unit costs, and other similar quantitative • Personnel: The description of the Describe any unusual features of the detail sufficient for the calculation to be costs of employee salaries and wages. project such as design or technological duplicated. The detailed budget must Identify the project director or principal innovations, reductions in cost or time, also include a breakout by the funding investigator, if known. For each staff extraordinary social and community sources identified in Block 15 of the SF– person, provide the title, time involvement or ease of project 424. Provide a narrative budget commitment to the project (in months), replication by other tribes and Native justification that describes how the or time commitment to the project (as a organizations. List organizations, categorical costs are derived. Discuss percentage or full-time equivalent), cooperating entities, consultants, or the necessity, reasonableness, and annual salary, grant salary, wage rates, other key individuals who will work on allow-ability of the proposed costs. etc. Do not include the costs of the project along with a short Additional Information: The consultants or personnel costs of description of the nature of their effort following are requests for additional delegate agencies or of specific or contribution. Provide quantitative information that need to be included in project(s) or businesses to be financed monthly or quarterly projections of the the application: Any non-profit by the applicant. accomplishments to be achieved for organization submitting an application • Fringe Benefits: Costs of employee each function or activity in such terms must submit proof of its non-profit fringe benefits unless treated as part of as the number of people served and the status in the application at the time of an approved indirect cost rate. Provide number of activities accomplished. submission. The non-profit organization a breakdown of the amounts and Examples of these activities would be shall submit one of the following: (i) A percentages that comprise fringe benefit the number of businesses started or reference to the applicant organization’s costs such as health insurance, FICA, expanded, the number of jobs created or listing in the Internal Revenue Service’s retirement insurance, taxes, etc. retained, the number of people trained, (IRS) most recent list of tax-exempt • Travel: Costs of project-related the number of youth, couples or families organizations described in the IRS Code; travel by employees of the applicant assisted or the number of elders or (ii) a copy of the currently valid IRS organization (does not include costs of participating in the activity during that tax exemption certificate; or (iii) a consultant travel). Justification: For each reporting period. When statement from a State taxing body, trip, show the total number of accomplishments cannot be quantified State Attorney General, or other traveler(s), travel destination, duration by activity or function, list them in appropriate State official certifying that of trip, per diem, mileage allowances, if chronological order to show the dates the applicant organization has a non- privately owned vehicles will be used, and schedule of accomplishments. List profit status and none of the net and other transportation costs and organizations, cooperating entities, earnings accrue to any private subsistence allowances. Travel costs for consultants, or other key individuals shareholders or individuals; or (iv) a key staff to attend ACF-sponsored who will work on the project, as well as certified copy of the organization’s workshops should be detailed in the a short description of the nature of their certificate of incorporation or similar budget. effort or contribution. document that clearly establishes non- • Equipment: Equipment means an Organizational Profiles: Provide profit status; or (v) any of the items in article of nonexpendable, tangible information on the applicant the subparagraphs immediately above personal property having a useful life of organization(s) and cooperating partners for a State or national parent more than one year and an acquisition with organizational charts, financial organization and a statement signed by cost that equals or exceeds the lesser of statements, audit reports or statements the parent organization that the (a) the capitalization level established from CPA/Licensed Public Accountants, applicant organization is a local non- by the organization for the financial Employer Identification Numbers, profit affiliate. Organizations statement purposes, or (b) $5,000. (Note: names of bond carriers, contact persons incorporating in American Samoa are Acquisition cost means the net invoice and telephone numbers, child care cautioned that the Samoan government unit price of an item of equipment, licenses and other documentation of relies exclusively upon IRS including the cost of any modifications, professional accreditation, information determinations of non-profit status; attachments, accessories, or auxiliary on compliance with Federal/State/local therefore, articles of incorporation apparatus necessary to make it usable government standards, documentation approved by the Samoan government do for the purpose for which it is acquired. of experience in the program area, and not establish non-profit status for the Ancillary charges, such as taxes, duty, other pertinent information. Any non- purpose of ANA program eligibility. protective in-transit insurance, freight, profit organization submitting an General: The following guidelines are and installation shall be included in or application must submit proof of its for preparing the budget and budget excluded from acquisition cost in non-profit status in its application at the justification. Both Federal and non- accordance with the organization’s time of submission. Federal resources shall be detailed and regular written accounting practices.). Third-Party Agreements: Include justified in the budget and narrative Justification: For each type of written agreements between grantees justification. For purposes of preparing equipment requested, provide a and sub grantees or subcontractors or the budget and budget justification, description of the equipment, the cost other cooperating entities. These ‘‘Federal resources’’ refers only to the per unit, the number of units, the total

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cost, and a plan for use on the project, has an indirect cost rate approved by the objectives and performing the activities. as well as use or disposal of the Department of the Interior, Department Applicant should summarize how the equipment after the project ends. An of Labor, the Department of Health and project description, objective(s), applicant organization that uses its own Human Services (HHS), or other Federal approach, strategy and implementation definition for equipment should provide agency. Justification: An applicant that plan are inter-related. The applicant a copy of its policy or section of its will charge indirect costs to the grant should also include the names and policy, which includes the equipment must enclose a copy of the current rate activities of any organizations, definition. agreement. If the applicant organization consultants, or other key individuals • Supplies: Costs of all tangible is in the process of initially developing who will contribute to the project. personal property other than that or renegotiating a rate, it should The applicant should discuss the included under the Equipment category. immediately upon notification that an planning and/or consultation efforts Justification: Specify general categories award will be made, develop a tentative undertaken, and the proposed objectives of supplies and their costs. Show indirect cost rate proposal based on its and activities that reflect the language computations and provide other most recently completed fiscal year in needs of the local community. The information that supports the amount accordance with the principles set forth applicant explains how elders and other requested. in the cognizant agency’s guidelines for • community members are involved in the Contractual: Costs of all contracts establishing indirect cost rates, and development of the language goals and for services and goods except for those, submit it to the cognizant agency. strategies. which belong under other categories Applicants awaiting approval of their The applicant should discuss the such as equipment, supplies, indirect cost proposals may also request leveraged resources (see Definitions) construction, etc. Third-party evaluation indirect costs. It should be noted that used to strengthen and broaden the contracts (if applicable) and contracts when an indirect cost rate is requested, impact of the proposed project. with secondary recipient organizations, those costs included in the indirect cost Applicant should discuss how including delegate agencies and specific pool should not also be charged as commitments and contributions from project(s) or businesses to be financed direct costs to the grant. Also, if the other entities will enhance the project. by the applicant, should be included applicant is requesting a rate which is Applicant should provide ‘‘Letters of under this category. Justification: All less than what is allowed under the Commitment’’ that identify the time, procurement transactions shall be program, the authorized representative dollar amount, and activity to be conducted in a manner to provide, to of the applicant organization must accomplished through partnerships. the maximum extent practical, open and submit a signed acknowledgement that Applicants should discuss the free competition. Recipients and sub- the applicant is accepting a lower rate relationship of non-ANA funded recipients, other than States that are than allowed. activities to those objectives and required to use Part 92 procedures, must • Program Income: The estimated activities that will be funded with ANA justify any anticipated procurement amount of income, if any, expected to be grant funds. (Letters of Commitment action that is expected to be awarded generated from this project. should be included in the Appendix without competition (sole source) and Justification: Describe the nature, Section of the application). exceed the simplified acquisition source, and anticipated use of program The application includes the threshold fixed at 41 U.S.C. 403(11) income in the budget or refer to the following three (3) plans: (currently set at $100,000). Recipients pages in the application, which contain may be required to make available to this information. (1) ‘‘Evaluation Plan’’ with a baseline ANA pre-award review and • Non-Federal Resources: Amounts of to measure project outcomes, including, procurement documents, such as non-Federal resources that will be used but not limited to, describing effective request for proposals or invitations for to support the project as identified in language growth in the community (e.g., bids, independent cost estimates, etc. Block 15 of the SF–424. Justification: an increase of Native American Note: Whenever the applicant intends to The firm commitment of these resources language use). This plan will be the delegate part of the project to another must be documented and submitted basis for evaluating the community’s agency, the applicant must provide a with the application in order to be given progress in achieving its language goals detailed budget and budget narrative for credit in the review process. A detailed and objectives. each delegate agency, by agency title, budget must be prepared for each (2) ‘‘Sharing Plan’’ that identifies how along with the required supporting budget period. the project’s methodology, research information referred to in these • Total Direct Charges, Total Indirect data, outcomes or other products can be instructions. Charges, and Total Project Costs. shared and modified for use by other • Other: Enter the total of all other Tribes or communities. If this is not costs. Such costs, where applicable and Evaluation Criteria: ANA feasible or culturally appropriate, appropriate, may include but are not Project Approach (25 Points). The provide the reasons. The goal is to limited to insurance, food, medical and Applicant’s narrative should be clear provide opportunities to ensure the dental costs (noncontractual), and concise. The applicant should survival and the continuing vitality of professional services costs, space and provide a detailed project description Native languages. equipment rentals, printing and with goals and objectives. It should (3) ‘‘Preservation Plan’’ to preserve publication, computer use, training discuss the project strategy and project products describes how the costs, such as tuition and stipends, staff implementation plan over the project products of the project will be preserved development costs, and administrative period. Applicant should describe the through archival or other culturally costs. Justification: Provide project strategy using the Objective appropriate methods, for the benefit of computations, a narrative description, Work Plan (OWP). In the OWP, the future generations. and a justification for each cost under applicant should identify the project Native Language programs that this category. objectives, time frames, proposed produce audio or print media will now • Indirect Charges: Total amount of activities, outcomes, and evaluation include a stipulation that a copy of the indirect costs. This category should be activity, as well as the individuals product(s) will be provided to ANA for used only when the applicant currently responsible for completing the the Language Repository. Federally-

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recognized Tribes have the option to not The applicant fully describes existing Third-Party Agreements (not counted in submit project products. community language or language Appendix page limit). If the applicant Objectives and Need for Assistance training programs and projects, if any, proposes to enter into a partnership (20 Points). Applicant should show a in support of the Native American arrangement with a school, college or clear relationship between the proposed language to be addressed by the university, documentation of this project, the strategy and community’s proposed project. The applicant should commitment must be included in the long-range goals. The need for include the following: if the applicant application. assistance should clearly identify the had a community language or language Applicants are required to affirm that physical, economic, social, financial, training program within the last 48 they will credit the Administration for governmental, and institutional months? Within the last 10 years? If so, Native Americans, and reference the challenges and problem(s) requiring a fully describe the program(s), and ANA funded project on any audio, solution that supports the funding include the following: video, and/or printed materials request. Proposed project objectives (1) Program goals; developed in whole or in part with ANA support the identified need and should (2) Number of program participants; funds. be measurable. (3) Number of speakers; Applicants should list all current Describe the community (see (4) Age range of participants (e.g., 0– sources of federal funding, the agency, Definitions) to be affected by the project 5, 6–10, 11–18, etc.); purpose, amount, and provide the most and the community involvement in the (5) Number of language teachers; recent certified signed audit letter for project. The Applicant should describe (6) Criteria used to acknowledge the organization to be included in Part the community’s long-range goals, and competency of language teachers; One of the application. If the applicant the community planning process and (7) Resources available to the has audit exceptions, these issues how the project supports these goals. applicant (e.g. valid grammars, should be addressed. Discuss the geographic location of the dictionaries, and orthographies or Applicants should provide ‘‘staffing project and where the project and grant describe other suitable resources); and position data’’ to include a (8) Program achievements. will be administered. proposed staffing pattern for the project If applicant has never had a language Applications from National American where the applicant highlights the new program, a detailed explanation of what Indian and Native American project and staff. Positions discussed in barriers or circumstances prevented the organizations must clearly demonstrate this section must match the positions establishment of a community language a need for the project, explain how the identified in the Objective Work Plan program should be included. The project originated, and discuss the and in the proposed budget. Note: application describes the proposed community-based program delivery Applicants are strongly encouraged to project’s long-range goals and strategies, strategy of the project, identify and give preference to qualified Native including: (1) How the specific Native describe the intended beneficiaries, Americans in hiring project staff and in American long-range community goal(s) describe and relate the actual project contracting services under an approved relate to the proposed project. (2) How benefits to the community and ANA grant. Applicant should provide a the goal(s) fit within the context of the organization, and describe a paragraph of the duties and skills current language status. (3) A clearly community-based program delivery required for the proposed staff and a delineated strategy to assist in assuring system. paragraph on qualifications and Category II applicants must be able to the survival and continued vitality of experience of current staff (Full position document: the language information has the Native American languages descriptions are required to be been collected and analyzed, that it is addressed in the community. (4) The submitted and included in the current (compiled within 36 months application explains how the Appendix). Applicant should explain prior to the grant application); and, the community and the tribal government how the current and future staff will community has established long-range (where one exists) intend to achieve manage the proposed project. Brief language goals. these goals. (5) All Tribes and biographies of key positions or The application fully describes the communities, however, must indicate in individuals should be included. current status of the Native American their application how they intend to Results or Benefits Expected (20 Points). In this section the applicant language to be addressed; current status involve elders and other community should discuss the ‘‘Performance is defined as data compiled within the members in development of language Indicators’’ (see Definitions) and the previous 48 months. The description of goals and strategies, and in evaluation of benefits expected as a result of this the current status minimally includes project outcomes. The type of project. Performance indicators identify the following information: community served will determine the • Number of speakers. type of documentation necessary to qualitative and quantitative data • Age of speakers. demonstrate participation. directly associated with the project. • Gender of speakers. Organizational Profile (20 Points). Each applicant must have five • Level(s) of fluency. Provide information on the management indicators to support the applicant’s • Number of first language speakers structure of the Applicant and the project. Three of the performance (Native language as the first language organizational relationships with its indicators should be selected from the acquired). cooperating partners. Include list below. Each grantee is required to • Number of second language organizational charts that indicate how develop two additional indicators speakers (Native language as the second the proposed project will fit in the specific to the project that directly language acquired). existing structure. Describe the support the goals and objectives. For • Where Native language is used (e.g. applicant’s capabilities such as the each performance indicator selected the home, court system, religious administrative structure, and its ability applicant should discuss the relevance ceremonies, church, media, school, to administer a project of the proposed of the data, the method for collecting the governance and cultural activities). scope and its capacity to fulfill the data, and the evaluation process. • Source of data (formal and/or implementation plan. Performance indicators will be reported informal). If relevant to the project, applicants to ANA in the grantee’s quarterly report. • Rate of language loss or gain. must provide a Business Plan or any Category II applications should select

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three of the five Performance Indicators will support a project funded with ANA possible in preserving Native American required from the following list: (1) The funds. These resources may be human, languages. Applicants demonstrate this number of children, youth and elders natural, or financial, and may include by: summarizing partnerships and the involved in establishment or operation other Federal and non-Federal efficient use of leveraged resources; of project; (2) number of training classes resources. For example, a letter from explaining the impact on the identified or workshops held to teach language; (3) another Federal agency or foundation community through measurable project number and type of materials pledging a commitment of $200,000 in outcomes; and presenting a project that developed; (4) number of media construction funding to complement is completed, or self-sustaining or products developed; (5) number of proposed ANA funded pre-construction supported by other than ANA funds by translations achieved; (6) number of activity is evidence of a firm funding the end of the project period. individuals who increased in ability to commitment. Statements that additional Introduction and Project Summary/ speak the language; (7) number of funding will be sought from other Project Abstract (5 Points). Using the participants who achieve fluency. specific sources are not considered a ANA Project Abstract form, the The applicant will indicate how it binding commitment of outside applicant should provide a Project will measure the success of the separate resources. Letters of Support merely Introduction. The Introduction will project components and the project as a express another organization’s provide the reader an overview and whole. The applicant should describe endorsement of a proposed project. some details of the proposed project. how the success of the project would be Support letters are not binding This is where the project is introduced evaluated and verified by an commitment letters. They do not to the peer review panel. Identify the independent program monitoring and factually establish the authenticity of name of the applicant, location of the evaluation team. Applicant should other resources and do not offer or bind community to be served by the provide a narrative on the specific specific resources to the project. proposed project, the project activities, performance indicators that can be If an applicant plans to charge or amount requested, amount of matching analyzed, measured, monitored, and otherwise seek credit for indirect costs funds to be provided, the length of time evaluated. Relate these performance in its ANA application, a current copy required to accomplish the project, and indicators to the project goals, of its Indirect Cost Rate Agreement the outcomes or outputs to be achieved. objectives, and outcomes. Project should be included in the application, Using the Project Abstract form, outcomes support the identified need with all cost broken down by category applicant will clearly indicate which and should be measurable. so ANA reviewers can be certain that no SEDS goal the project addresses: Budget and Budget Justification/Cost budgeted line items are included in the governance, social development, or Effectiveness. (10 Points). Budget and indirect cost pool. Applicants that do economic development. Justification: An applicant must submit not submit a current Indirect Cost Rate 2. Review and Selection Process an itemized budget detailing the Agreement, may not be able to claim the applicant’s Federal and non-Federal allowable cost, may have the grant Initial Screening: Each application share and citing source(s) of funding. award amount reduced, or results in a submitted under this program The applicant should provide a detailed delay in grant award. announcement will undergo a pre- line item Federal and Non-federal share Applicants are encouraged to include review screening to determine if (a) the budget by year for each year of project sufficient funds for principal application was received by the Program funds requested. A budget narrative representatives, such as the applicant’s Announcement closing date; (b) the describing the line item budget should chief financial officer or project director application was submitted in be attached for each year of project to travel to one ANA post-award grant accordance with Section IV, funds requested. The budget should training and technical assistance ‘‘Application and Submission include a line item justification for each workshop. This expenditure is Information’’; (c) the applicant is Object Class Category listed under allowable for new grant recipients and eligible for funding in accordance with Section B—‘‘Budget Categories’’ of the optional for grantees that have had Section III ‘‘Eligibility Information’’ of ‘‘Budget Information-Non Construction previous ANA grant awards, and will be this program announcement; (d) the Programs on the SF 424A form. The negotiated upon award. Applicants may applicant has submitted the proper budget should include the necessary also include costs to travel to an ANA support documentation such as proof of details to facilitate the determination of grantee conference. non-profit status, resolutions, and allowable costs and the relevance of For business development projects, required government forms; (e) an these costs to the proposed project. the proposal should demonstrate that authorized representative has signed the Applicant should briefly explain its the expected return on the ANA funds application; and (f) applicant has a existing operational budget and any used to develop the project will provide DUNS number. An application that fails additional anticipated funding a reasonable operating income and to meet one of the above elements will including unique financial investment return within a specified be determined to be incomplete and circumstances, with potential impact on time period. If a profit-making venture excluded from the competitive review the project such as upcoming monetary is being proposed, profits should be process. Applicants, with incomplete or land settlements, and how the reinvested in the business in order to applications, will be notified by mail proposed project fits in the overall decrease or eliminate ANA’s future within 30 business days from the budget. Applicant should explain why it participation. Such revenue should be closing date of this program cannot apply other funding resources to reported as general program income. A announcement. ANA staff cannot cover the ANA portion of funding. decision will be made at the time of the respond to requests for information The non-federal budget share should grant award regarding appropriate use of regarding funding decisions prior to the identify the source and be supported by program income. (See 45 CFR part 74 official applicant notification. After the letters of commitment (see Definitions). and part 92). Commissioner has made decisions on Letters of commitment are binding Cost Effectiveness: This criterion all applications, unsuccessful applicants when they specifically state the nature, reflects ANA’s concern with ensuring will be notified in writing within 90 the amount, and conditions under that the expenditure of its limited days. If pertinent, the notification will which another agency or organization resources yields the greatest benefit present the application weaknesses

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identified during the review process. and comments; an analysis by ANA staff 3. Reporting Requirements Applicants are not ranked based on and review of previous ANA grant general financial need. Applicants, who performance (such as timely reporting Programmatic Reports: Quarterly. are initially excluded from competition and successful grant close-out); Financial Reports: Quarterly. because of ineligibility, may appeal the comments of State and Federal agencies Special Reporting Requirements: An decision. Applicants may also appeal an having contract and grant performance original and one copy of each ANA decision that an applicant’s related information; and other interested performance report and financial status proposed activities are ineligible for parties. The Commissioner makes grant report must be submitted to the Grants funding consideration. The appeals awards consistent with the purpose of Officer. Failure to submit these reports process is stated in the final rule the Native American Programs Act when required will mean the grantee is published in the Federal Register on (NAPA), all relevant statutory and non-compliant with the terms and August 19, 1996 (61 FR 42817 and 45 regulatory requirements, this program conditions of the grant award and CFR part 1336, subpart C). announcement, and the availability of subject to administrative action or Competitive Review Process: appropriated funds. The Commissioner termination. Performance reports are Applications that pass the initial reserves the right to award more, or less, submitted 30 days after each quarter (3- screening process will be analyzed, than the funds described or under such month intervals) of the budget period. evaluated and rated by an independent circumstances as may be deemed to be The final performance report, due 90 review panel on the basis of the in the best interest of the federal days after the project period end date, evaluation criteria specified below. The government. Applicants may be shall cover grantee performance during evaluation criteria were designed to required to reduce the scope of projects the entire project period. All grantees analyze and assess the quality of a based on the amount of approved shall use the SF 269 (Long Form) to proposed community-based project, the award. report the status of funds. likelihood of its success, and the ability Financial Status Reports are to monitor and evaluate community VI. Award Administration Information submitted 30 days after each quarter (3- impact and long-term results. The 1. Award Notice month intervals) of each budget period. evaluation criteria and analysis are The final report shall be due 90 days closely related and are wholly Approximately 120 days after the after the end of the project period. considered in judging the overall quality application due date, the successful of an application. In addition, the applicants will be notified by mail VII. Agency Contacts evaluation criteria will standardize the through the issuance of a Financial review of each application and Assistance Award document which will Program Office Contact: ANA distribute the number of points more set forth the amount of funds granted, Applicant Help Desk, 370 L’Enfant equitably. Applications will be the terms and conditions of the grant, Promenade, SW., Aerospace Center 8th evaluated in accordance with the the effective date of the grant, the Floor-West, Washington, DC 20447– program announcement criteria and budget period for which initial support 0002, Telephone: 202–690–7776 or toll- ANA’s program areas of interest. A will be given, the non-Federal share to free at 1–877–922–9262, E-mail: determination will be made as to be provided and the total project period [email protected]. whether the proposed project is an for which support is contemplated. The Grants Management Office Contact: effective use of federal funds. Financial Assistance Award will be Lois B. Hodge, 370 L’Enfant Promenade, As non-Federal reviewers will be signed by the Grants Officer and sent to SW., Aerospace Center 8th Floor-West, used, applicants have the option of the applicants Authorizing Official. Washington, DC 20447–0002, omitting from the application copies Organizations whose applications will Telephone: (202) 401–2344, E-mail: (not original) specific salary rates or not be funded will be notified in [email protected]. amounts for individuals specified in the writing. VIII. Other Information application budget and Social Security 2. Administrative and National Policy Numbers, if otherwise required for Requirements Training and Technical Assistance: individuals. The copies may include All potential ANA applicants are summary salary information. 45 CFR part 74, 45 CFR part 92, 45 eligible to receive training and technical Application Review Criteria: ANA has CFR part 1336, subpart C, and 42 U.S.C. assistance in the Native Language expanded the review criteria to allow 2991 et seq.—Native American program areas. Prospective applicants for a more equitable distribution of Programs Act of 1974. should check ANA’s Web site for points during the application review Paperwork Reduction Act of 1995 training and technical assistance dates and competition process. The use of the (Pub. L. 104–13): Public reporting and locations, or contact the ANA Help six criteria distributes the number of burden for this collection of information Desk at 1–877–922–9262. Due to the points more equitably. Based on the is estimated to average 120 hours per new application and program additions ACF Uniform Project Description, response, including the time for and modifications, ANA strongly ANA’s criteria categories are Project reviewing instructions, gathering and encourages all prospective applicants to Introduction; Objectives and Need for maintaining the data needed and participate in free pre-application Assistance; Project Approach; reviewing the collection information. training. Organizational Capacity; Results and The project description is approved Benefits Expected; and Budget and under OMB control number 0970–0139 Dated: January 21, 2004. Budget Narrative. which expires 3/31/04. The Survey on Quanah Crossland Stamps, Application Consideration: The Ensuring Equal Opportunity for Commissioner, Administration for Native Commissioner’s funding decision is Applicants form is approved under Americans. based on an analysis of the application OMB control number 1890–0014 which [FR Doc. 04–3655 Filed 2–20–04; 8:45 am] by the review panel, panel review scores expires 1/31/06. BILLING CODE 4184–01–P

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Part III

Department of Defense General Services Administration National Aeronautics and Space Administration 48 CFR Parts 2, 10, et al. Federal Acquisition Regulation; Special Emergency Procurement Authority; Small Entity Compliance Guide; Interim Rules

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DEPARTMENT OF DEFENSE Submit electronic comments via the rule amends the Federal Acquisition Internet to—farcase.2003–[email protected]. Regulation (FAR) in order to implement GENERAL SERVICES Please submit comments only and cite Section 1443 of the Services Acquisition ADMINISTRATION FAC 2001–20, FAR case 2003–022, in Reform Act of 2003 (Title XIV of Pub. L. 108– 136). Section 1443 increases the amount of all correspondence related to this case. the micro-purchase threshold and the NATIONAL AERONAUTICS AND FOR FURTHER INFORMATION CONTACT: The simplified acquisition threshold for SPACE ADMINISTRATION FAR Secretariat at (202) 501–4755, for procurements of supplies and services to information pertaining to status or support a contingency operation or to 48 CFR Parts 2, 10, 12, 13, 15, 19, and publication schedules. For clarification facilitate defense against or recovery from 25 of content, contact Mr. Gerald Zaffos, nuclear, biological, chemical, or radiological Procurement Analyst, at (202) 208– attack. [FAC 2001–20; FAR Case 2003–022] 2. Succinct statement of the objectives of, 6091. Please cite FAC 2001–20, FAR RIN 9000–AJ88 and legal basis for, the interim rule. This case 2003–022. interim rule implements Section 1443 of the Federal Acquisition Regulation; SUPPLEMENTARY INFORMATION: Services Acquisition Reform Act of 2003 (Title XIV of Pub. L. 108–136). Special Emergency Procurement A. Background 3. Description of, and, where feasible, Authority This interim rule implements Section estimate of the number of small entities to AGENCIES: Department of Defense (DoD), 1443 of the Services Acquisition Reform which the interim rule will apply. The increased thresholds are limited to General Services Administration (GSA), Act of 2003 (Title XIV of Pub. L. 108– 136). Section 1443 increases the amount procurements that are to support a and National Aeronautics and Space contingency operation or to facilitate defense Administration (NASA). of the micro-purchase threshold and the against or recovery from nuclear, biological, ACTION: Interim rule with request for simplified acquisition threshold for chemical, or radiological attack. There are no comments. procurements of supplies or services by data available on the number of or for an executive agency that, as procurements that will be eligible. However, SUMMARY: The Civilian Agency determined by the head of the agency, we expect the number of small entities that Acquisition Council and the Defense are to be used in support of a will be impacted by the increased thresholds Acquisition Regulations Council contingency operation or to facilitate the to this limited class of procurements to be (Councils) have agreed on an interim defense against or the recovery from very small. In addition, although not required nuclear, biological, chemical, or by the statute, the interim rule raises the rule amending the Federal Acquisition small business set-aside ceilings for Regulation (FAR) to implement the radiological attack. Section 1443 also purchases made under the authority of special emergency procurement authorizes the expanded use of Section 1443 of the Services Acquisition authorities of section 1443 of the Simplified Acquisition and Commercial Reform Act of 2003 (Title XIV of Pub. L. 108– Services Acquisition Reform Act of 2003 Items procedures. 136). (Title XIV of Pub. L. 108–136). The This is not a significant regulatory 4. Description of projected reporting, Councils will publish a final rule upon action and, therefore, was not subject to record keeping, and other compliance receipt and evaluation of comments review under section 6(b) of Executive requirements of the interim rule, including Order 12866, Regulatory Planning and an estimate of the classes of small entities received in response to this interim rule. which will be subject to the requirement and Section 1443 increases the amount of Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. the type of professional skills necessary for the micro-purchase threshold and the preparation of the report or record. There are simplified acquisition threshold for 804. no reporting, record keeping, or other procurements of supplies or services by B. Regulatory Flexibility Act compliance requirements for this interim or for an executive agency that, as rule. determined by the head of the agency, The changes may have a significant 5. Identification, to the extent practicable, are to be used in support of a economic impact on a substantial of all relevant Federal rules which may contingency operation or to facilitate the number of small entities within the duplicate, overlap, or conflict with the interim rule. This rule does not duplicate, defense against or the recovery from meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. However, the overlap, or conflict with other relevant nuclear, biological, chemical, or Federal rules. radiological attack. Also, the head of the increased thresholds are limited to procurements that support a 6. Description of any significant contracting activity carrying out a alternatives to the interim rule, which procurement of supplies or services to contingency operation or to facilitate the accomplish the stated objectives of facilitate defense against or recovery defense against or the recovery from applicable statutes and which minimize any from nuclear, biological, chemical, or nuclear, biological, chemical, or significant economic impact of the interim radiological attack may treat such radiological attack. There are no data rule on small entities. There are no available on the number of significant alternatives to the interim rule supplies or services as a commercial that would accomplish the stated objectives item. procurements that will be eligible. We expect the increased thresholds to this yet further reduce impact on small entities. DATES: Effective Date: February 23, limited class of procurements will apply The rule includes only FAR text revisions required to implement the statute. 2004. to a very small number of small entities. Comment Date: Interested parties An Initial Regulatory Flexibility Act The FAR Secretariat has submitted a should submit comments to the FAR Analysis has been prepared and is as copy of the Initial Regulatory Flexibility Secretariat at the address shown below follows: Analysis (IRFA) to the Chief Counsel for on or before April 23, 2004 to be Advocacy of the Small Business considered in the formulation of a final Initial Regulatory Flexibility Act Analysis— FAR Case 2003–022 Administration. Interested parties may rule. obtain a copy from the FAR Secretariat. This Initial Regulatory Flexibility Analysis ADDRESSES: Submit written comments The Councils will consider comments has been prepared in accordance with to—General Services Administration, Section 603, Title 5, of the United States from small entities concerning the FAR Secretariat (MVA), 1800 F Street, Code. affected FAR parts 2, 10, 12, 13, 15, 19, NW., Room 4035, Attn: Ms. Laurie 1. Description of the reasons why action by and 25 in accordance with 5 U.S.C. 610. Duarte, Washington, DC 20405. the agency is being considered. This interim Interested parties must submit such

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comments separately and should cite 5 ■ Therefore, DoD, GSA, and NASA that are available in the marketplace for U.S.C. 601, et seq. (FAC 2001–20, FAR amend 48 CFR parts 2, 10, 12, 13, 15, 19, meeting the requirements of the agency case 2003–022), in correspondence. and 25 as set forth below: in furtherance of a contingency ■ 1. The authority citation for 48 CFR operation or defense against or recovery C. Paperwork Reduction Act parts 2, 10, 12, 13, 15, 19, and 25 is from nuclear, biological, chemical, or The Paperwork Reduction Act does revised to read as follows: radiological attack; and not apply because the changes to the Authority: 40 U.S.C. 121(c); 10 U.S.C. * * * * * FAR do not impose information chapter 137; and 42 U.S.C. 2473(c). collection requirements that require the PART 12—ACQUISITION OF approval of the Office of Management PART 2—DEFINITIONS OF WORDS COMMERCIAL ITEMS and Budget under 44 U.S.C. 3501, et AND TERMS seq. ■ 4. Amend section 12.102 by revising ■ D. Determination To Issue an Interim 2. Amend section 2.101 in paragraph paragraph (f) to read as follows: Rule (b) by revising the definitions ‘‘Micro- purchase threshold’’ and ‘‘Simplified 12.102 Applicability. A determination has been made under acquisition threshold’’ to read as follows: * * * * * the authority of the Secretary of Defense (f)(1) Contracting officers may treat (DoD), the Administrator of General 2.101 Definitions. any acquisition of supplies or services Services (GSA), and the Administrator * * * * * that, as determined by the head of the of the National Aeronautics and Space (b) * * * agency, are to be used to facilitate Administration (NASA) that urgent and Micro-purchase threshold means defense against or recovery from compelling reasons exist to promulgate $2,500, except it means— nuclear, biological, chemical, or this interim rule without prior (1) $2,000 for construction subject to radiological attack, as an acquisition of opportunity for public comment. This the Davis Bacon Act; and commercial items. action is necessary because the FAR (2) $15,000 for acquisitions of (2) A contract in an amount greater coverage implements Section 1443 of supplies or services that, as determined than $15,000,000 that is awarded on a the Services Acquisition Reform Act of by the head of the agency, are to be used sole source basis for an item or service 2003, signed on November 24, 2003, to support a contingency operation or to treated as a commercial item under which provides urgently needed facilitate defense against or recovery paragraph (f)(1) of this section but does emergency authorities. However, from nuclear, biological, chemical, or not meet the definition of a commercial pursuant to Public Law 98–577 and FAR radiological attack, as described in item as defined at FAR 2.101 shall not 1.501, the Councils will consider public 13.201(g)(1), except for construction be exempt from— comments received in response to this subject to the Davis Bacon Act (Pub. L. (i) Cost accounting standards (see interim rule in the formation of the final 108–136, Title XIV, Sec. 1443). Subpart 30.2); or rule. * * * * * (ii) Cost or pricing data requirements List of Subjects in 48 CFR Parts 2, 10, Simplified acquisition threshold (see 15.403). 12, 13, 15, 19, and 25 means $100,000, except for acquisitions ■ 5. Amend section 12.203 by revising of supplies or services that, as the last sentence to read as follows: Government procurement. determined by the head of the agency, Dated: February 13, 2004. are to be used to support a contingency 12.203 Procedures for solicitation, Laura Auletta, operation or to facilitate defense against evaluation, and award. Director, Acquisition Policy Division. or recovery from nuclear, biological, * * * For acquisitions of commercial chemical, or radiological attack (Pub. L. items exceeding the simplified Federal Acquisition Circular 108–136, Title XIV, Sec. 1443), the term acquisition threshold but not exceeding Federal Acquisition Circular (FAC) means— $5,000,000 ($10,000,000 for acquisitions 2001–20 is issued under the authority of (1) $250,000 for any contract to be entered into under the authority of the Secretary of Defense, the awarded and performed, or purchase to 12.102(f)(1)), including options, Administrator of General Services, and be made, inside the United States; and contracting activities shall employ the the Administrator for the National (2) $500,000 for any contract to be simplified procedures authorized by Aeronautics and Space Administration. awarded and performed, or purchase to Subpart 13.5 to the maximum extent Unless otherwise specified, all be made, outside the United States. practicable. Federal Acquisition Regulation (FAR) * * * * * and other directive material contained PART 13—SIMPLIFIED ACQUISITION in FAC 2001–20 are effective February PART 10—MARKET RESEARCH PROCEDURES 23, 2004. ■ 3. Amend section 10.001 by revising ■ 6. Amend section 13.000 by revising Dated: February 12, 2004. the second sentence to read as follows: Deidre A. Lee, paragraph (a)(2)(v) to read as follows: Director, Defense Procurement and 10.001 Policy. 13.000 Scope of part. Acquisition Policy. (a) * * * * * * Subpart 13.5 provides special Dated: February 13, 2004. (2) * * * authority for acquisitions of commercial David A. Drabkin, (v) Agencies shall conduct market items exceeding the simplified Deputy Associate Administrator, Office of acquisition threshold but not exceeding Acquisition Policy, General Services research on an ongoing basis, and take Administration. advantage to the maximum extent $5,000,000 ($10,000,000 for acquisitions entered into under the authority of Dated: February 12, 2004. practicable of commercially available 12.102(f)(1)), including options. * * * Tom Luedtke, market research methods, to identify Assistant Administrator for Procurement, effectively the capabilities, including ■ 7. Amend section 13.003 by revising National Aeronautics and Space the capabilities of small businesses and paragraphs (b)(1), (c), and (g)(2) to read Administration. new entrants into Federal contracting, as follows:

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13.003 Policy. relationship to the support of a (3) Commercial items. (i) * * * * * * * * contingency operation or the defense (ii) Any acquisition for (b)(1) Each acquisition of supplies or against or recovery from nuclear, noncommercial supplies or services services that has an anticipated dollar biological, chemical, or radiological treated as commercial items at value exceeding $2,500 ($15,000 for attack. 12.102(f)(1), except sole source contracts acquisitions as described in ■ 10. Amend section 13.303–5 by greater than $15,000,000, is exempt 13.201(g)(1)) and not exceeding revising paragraphs (b)(1) and (b)(2) to from the requirements for cost or pricing $100,000 ($250,000 for acquisitions read as follows: data (Pub. L. 108–136, Sec. 1443). described in paragraph (1) of the * * * * * Simplified Acquisition Threshold 13.303–5 Purchases under BPAs. definition at 2.101) is reserved * * * * * PART 19—SMALL BUSINESS exclusively for small business concerns (b) * * * PROGRAMS and shall be set aside (see 19.000 and (1) The simplified acquisition Subpart 19.5). See 19.502–2 for threshold and the $5,000,000 limitation ■ 14. Amend section 19.502–1 by exceptions. for individual purchases ($10,000,000 revising paragraph (b) to read as follows: * * * * * for purchases entered into under the authority of 12.102(f)(1)) do not apply to 19.502–1 Requirements for setting aside (c)(1) The contracting officer shall not acquisitions. use simplified acquisition procedures to BPAs established in accordance with acquire supplies and services if the 13.303–2(c)(3). * * * * * anticipated award will exceed— (2) The limitation for individual (b) This requirement does not apply to (i) The simplified acquisition purchases for commercial item purchases of $2,500 or less ($15,000 or threshold; or acquisitions conducted under Subpart less for acquisitions as described in (ii) $5,000,000 ($10,000,000 for 13.5 is $5,000,000 ($10,000,000 for 13.201(g)(1)), or purchases from acquisitions entered into under the purchases entered into under the required sources of supply under Part 8 authority of 12.102(f)(1)), including authority of 12.102(f)(1)). (e.g., Federal Prison Industries, options, for acquisitions of commercial * * * * * Committee for Purchase From People Who are Blind or Severely Disabled, and items using Subpart 13.5. ■ 11. Amend section 13.500 by revising (2) Do not break down requirements Federal Supply Schedule contracts). the first sentence of paragraph (a); and aggregating more than the simplified ■ removing paragraph (e). The revised text 15. Amend section 19.502–2 by acquisition threshold (or for commercial reads as follows: revising the first sentence of paragraph items, the threshold in Subpart 13.5) or (a) to read as follows: the micro-purchase threshold into 13.500 General. 19.502–2 Total small business set-asides. several purchases that are less than the (a) This subpart authorizes, as a test applicable threshold merely to— program, use of simplified procedures (a) Except for those acquisitions set (i) Permit use of simplified for the acquisition of supplies and aside for very small business concerns acquisition procedures; or services in amounts greater than the (see Subpart 19.9), each acquisition of (ii) Avoid any requirement that simplified acquisition threshold but not supplies or services that has an applies to purchases exceeding the exceeding $5,000,000 ($10,000,000 for anticipated dollar value exceeding micro-purchase threshold. acquisitions entered into under the $2,500 ($15,000 for acquisitions as * * * * * authority of 12.102(f)(1)), including described in 13.201(g)(1)), but not over (g) * * * options, if the contracting officer $100,000 ($250,000 for acquisitions (2) $5,000,000 ($10,000,000 for reasonably expects, based on the nature described in paragraph (1) of the acquisitions entered into under the of the supplies or services sought, and Simplified Acquisition Threshold authority of 12.102(f)(1)) for commercial on market research, that offers will definition at 2.101), is automatically items, use any appropriate combination include only commercial items. * * * reserved exclusively for small business of the procedures in Parts 12, 13, 14, concerns and shall be set aside for small * * * * * and 15 (see paragraph (d) of this business unless the contracting officer section). 13.501 [Amended] determines there is not a reasonable * * * * * ■ 12. Amend section 13.501 by removing expectation of obtaining offers from two or more responsible small business 13.105 [Amended] from paragraph (a)(1)(ii) ‘‘Homeland concerns that are competitive in terms ■ 8. Amend section 13.105 in the first Security Act (Pub. L. 107–296, section 856)’’ and adding ‘‘Services Acquisition of market prices, quality, and delivery. sentence of paragraph (b) by removing *** ‘‘and (f)(2)’’. Reform Act of 2003 (Title XIV of Pub. L. 108–136)’’ in its place. * * * * * ■ 9. Amend section 13.201 by revising paragraph (g) to read as follows: PART 15—CONTRACTING BY 19.805–1 [Amended] ■ 13.201 General. NEGOTIATION 16. Amend section 19.805–1 by— ■ a. Adding ‘‘or’’ to the end of paragraph * * * * * ■ 13. Amend section 15.403–1 in (g)(1) For acquisitions of supplies or (b)(1); paragraph (c)(3) by adding the paragraph ■ b. Removing ‘‘; or’’ from the end of services that, as determined by the head designation ‘‘(i)’’ before the first of the agency, are to be used to support paragraph (b)(2) and adding a period in sentence, and adding paragraph (c)(3)(ii) its place; and a contingency operation or to facilitate to read as follows: defense against or recovery from ■ c. Removing paragraph (b)(3). nuclear, biological, chemical, or 15.403–1 Prohibition on obtaining cost or ■ 17. Amend section 19.903 by adding radiological attack, the micro-purchase pricing data (10 U.S.C. 2306a and 41 U.S.C. the word ‘‘or’’ to the end of paragraph threshold is $15,000. 254b). (b)(2); revising paragraph (b)(3); and (2) Purchases using this authority * * * * * removing paragraph (b)(4). The revised must have a clear and direct (c) * * * text reads as follows:

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19.903 Applicability. 13, Restrictions on Certain Foreign Circular (FAC) 2001–20 which amends * * * * * Purchases, in solicitations and contracts the FAR. An asterisk (*) next to a rule (b) * * * with a value exceeding $2,500, $15,000 indicates that a regulatory flexibility (3) Acquisitions of $15,000 or less for for acquisitions as described in analysis has been prepared. Interested acquisitions of supplies or services that, 13.201(g)(1), unless an exception parties may obtain further information as determined by the head of the applies. regarding these rules by referring to FAC agency, are to be used to support a * * * * * 2001–20 which precedes this document. contingency operation or to facilitate [FR Doc. 04–3690 Filed 2–20–04; 8:45 am] These documents are also available via defense against or recovery from BILLING CODE 6820–EP–P the Internet at http://www.arnet.gov/far. nuclear, biological, chemical, or FOR FURTHER INFORMATION CONTACT: radiological attack as described in Laurie Duarte, FAR Secretariat, (202) 13.201(g)(1). DEPARTMENT OF DEFENSE 501–4225. For clarification of content, 19.1306 [Amended] contact Mr. Gerald Zaffos at (202) 208– GENERAL SERVICES 6091. ■ 18. Amend section 19.1306 by ADMINISTRATION removing paragraph (c). * Special Emergency Procurement NATIONAL AERONAUTICS AND Authority (FAR Case 2003–022) PART 25—FOREIGN ACQUISITION SPACE ADMINISTRATION This interim rule amends the FAR to ■ 19. Amend section 25.1101 by revising 48 CFR Chapter 1 implement Section 1443 of the Services the introductory text of paragraph (a)(1) Acquisition Reform Act of 2003 (Pub. L. to read as follows: Federal Acquisition Regulation; Small 108–136). This rule increases the amount of the micro-purchase threshold 25.1101 Acquisition of supplies. Entity Compliance Guide and the simplified acquisition threshold * * * * * AGENCIES: Department of Defense (DoD), for procurements of supplies and (a)(1) Insert the clause at 52.225–1, General Services Administration (GSA), services to support a contingency Buy American Act—Supplies, in and National Aeronautics and Space operation or to facilitate defense against solicitations and contracts with a value Administration (NASA). or recovery from nuclear, biological, exceeding $2,500 ($15,000 for ACTION: Small Entity Compliance Guide. chemical, or radiological attack. Also, acquisitions as described in the head of the contracting activity 13.201(g)(1)) but not exceeding $25,000; SUMMARY: This document is issued carrying out a procurement of supplies and in solicitations and contracts with under the joint authority of the or services to facilitate defense against a value exceeding $25,000, if none of Secretary of Defense, the Administrator or recovery from nuclear, biological, the clauses prescribed in paragraphs (b) of General Services and the chemical, or radiological attack may and (c) of this section apply, except if— Administrator for the National treat such supplies or services as a * * * * * Aeronautics and Space Administration. commercial item. ■ This Small Entity Compliance Guide has 20. Amend section 25.1103 by revising Dated: February 13, 2004. paragraph (a) to read as follows: been prepared in accordance with Section 212 of the Small Business Laura Auletta, 25.1103 Other provisions and clauses. Regulatory Enforcement Fairness Act of Director, Acquisition Policy Division. (a) Restrictions on certain foreign 1996. It consists of a summary of the [FR Doc. 04–3691 Filed 2–20–04; 8:45 am] purchases. Insert the clause at 52.225– rule appearing in Federal Acquisition BILLING CODE 6820–EP–P

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Part IV

Department of Education Office of Innovation and Improvement; Overview Information; State Charter School Facilities Incentive Grants Program; Notice Inviting Applications for New Awards for Fiscal Year (FY) 2004; Notice

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DEPARTMENT OF EDUCATION criteria that it meets and provide this choice by addressing the following documentation supporting its claims. factors: Office of Innovation and Improvement; • Statutory Criteria The extent to which the applicant Overview Information; State Charter would target services to geographic School Facilities Incentive Grants (a) Periodic Review and Evaluation (5 areas in which a large proportion or Program; Notice Inviting Applications points, ESEA paragraph 5202(e)(2)). The number of public schools have been for New Awards for Fiscal Year (FY) State provides for periodic review and identified for improvement, corrective 2004 evaluation by the authorized public action, or restructuring under title I of Catalog of Federal Domestic chartering agency of each charter school the ESEA, as amended by the No Child Assistance (CFDA) Number: 84.282D. at least once every 5 years unless Left Behind Act of 2001 (NCLB); required more frequently by State law, • DATES: Applications Available: March The extent to which the applicant to determine whether the charter school would target services to geographic 12, 2004. is meeting the terms of the school’s Deadline for Transmittal of areas in which a large proportion of charter, and is meeting or exceeding the Applications: July 1, 2004. students perform poorly on State Deadline for Intergovernmental student’s academic performance academic assessments; and Review: August 30, 2004. requirements and goals for charter • The extent to which the applicant Eligible Applicants: States that have schools as provided under State law or would target services to communities enacted a State law authorizing per- the school’s charter. with large proportions of low-income pupil facilities aid for charter schools. (b) Number of High-Quality Charter students. Estimated Available Funds: Schools (5 points, ESEA subparagraph Waiver of Proposed Rulemaking: $18,700,000. 5202(e)(3)(A)). The State has Under the Administrative Procedure Act Estimated Range of Awards: demonstrated progress in increasing the (5 U.S.C. 553) the Department generally $2,000,000–$10,000,000. number of high-quality charter schools offers interested parties the opportunity Estimated Average Size of Awards: that are held accountable in the terms of to comment on proposed selection $3,740,000. the schools’ charters for meeting clear criteria and other non-statutory Estimated Number of Awards: 5. and measurable objectives for the requirements. Section 437(d)(1) of the Note: Contingent upon the availability of educational progress of the students General Education Provisions Act funds, we may make additional awards in attending the schools, in the period (GEPA) (20 U.S.C. 1232(d)(1)), however, future years from the rank-ordered list of prior to the period for which an SEA or allows the Secretary to exempt from unfunded applications from this competition. eligible applicant applies for a grant rulemaking requirements rules Note: The Department is not bound by any under this competition. governing the first grant competition estimates in this notice. (c) One Authorized Public Chartering under a new or substantially revised Agency Other Than an LEA, or an Project Period: The program duration program authority. This is the first Appeals Process (5 points, ESEA may be for a period of up to 5 years. competition for this program. In order to subparagraph 5202(e)(3)(B)). The State— ensure timely grant awards in FY 2004, Full Text of Announcement (1) Provides for one authorized public the Secretary has decided to issue this I. Funding Opportunity Description chartering agency that is not an local application notice without first educational agency (LEA), such as a Purpose of Program: This program publishing the proposed selection State chartering board, for each criteria and other non-statutory will provide grants to eligible States to individual or entity seeking to operate a help them establish or enhance, and requirements. These selection criteria charter school pursuant to State law; or and other non-statutory requirements, administer, per-pupil facilities aid (2) In the case of a State in which programs for charter schools. such as the clarification under ‘‘Funding LEAs are the only authorized public Clarifications and Restrictions’’ that the Priorities chartering agencies, allows for an program funds for this facilities program Competitive Preference Priority: In appeals process for the denial of an may be used for construction or the accordance with 34 CFR application for a charter school. acquisition of real property, will apply 75.105(b)(2)(iv), the following priority is (d) High Degree of Autonomy (5 to this grant competition only. points, ESEA subparagraph from sections 5202(e) and 5205(b) of the Program Authority: 20 U.S.C. 7221d(b). Elementary and Secondary Education 5202(e)(3)(C)). The State ensures that Act of 1965 (ESEA), as amended. For each charter school has a high degree of Applicable Regulations: The this competition, this priority is a autonomy over the charter school’s Education Department General competitive preference priority. Under budgets and expenditures. Administrative Regulations (EDGAR) in 34 CFR 75.105(c)(2)(i), we award up to Invitational Priority: Under this 34 CFR parts 75, 76, 77, 79, 80, 81, 82, an additional 20 points to an competition we are particularly 84, 85, 86, 97, and 99. interested in applications that address application, depending on how well the II. Award Information application meets this priority. the following priority. For this This priority is: competition this priority is an Type of Award: Discretionary grants. The Secretary gives priority to States invitational priority. Under 34 CFR Estimated Available Funds: to the extent that States meet all four of 75.105(c)(1), we do not give an $18,700,000. the statutory criteria described in application that meets this invitational Estimated Range of Awards: paragraphs (a) through (d) of this priority a competitive or absolute $2,000,000–$10,000,000. section. preference over other applications. Estimated Average Size of Awards: A State educational agency (SEA) that This priority is: $3,740,000. does not meet any one of the four School choice. The Secretary invites Estimated Number of Awards: 5. statutory criteria will not receive any applications that propose to increase the Note: Contingent upon the availability of priority points. capacity of charter schools to offer funds, we may make additional awards in In order to receive preference, an public school choice in those future years from the rank-ordered list of applicant must identify the statutory communities with the greatest need for unfunded applications from this competition.

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Note: The Department is not bound by any large print, audiotape, or computer authorized by statute or regulation. estimates in this notice. diskette) by contacting the program Consistent with the provisions of 34 Project Period: The program duration contact persons listed elsewhere in this CFR 75.533, and based on the purpose may be for a period of up to 5 years. notice under FOR FURTHER INFORMATION of this facilities program, namely to CONTACT (see VII. Agency Contacts). provide funding for charter school III. Eligibility Information 2. Content and Form of Application facilities, we interpret section 5205(b) of 1. Eligible Applicants: States that have Submission: Requirements concerning the ESEA to permit the use of funds enacted a State law authorizing per- the content of an application, together awarded under this competition and the pupil facilities aid for charter schools. with the forms you must submit, are in acquisition of real property. 2. Cost Sharing or Matching: Under the application package for this Administrative costs in excess of five section 5205(b)(2)(C) of the ESEA, as program. percent are not allowable under the amended by the NCLB, States, or parties Page Limit: We have found that program statute. that are closely collaborating with them, reviewers are able to conduct the Administration of a per-pupil are required to provide matching funds. highest-quality review when facilities aid program includes The minimum non-Federal share of the applications are concise and easy to providing indirect costs, evaluation, total cost of the project increases each read. Applicants are encouraged to limit technical assistance, dissemination, year of the grant, from 10 percent the their applications to no more than 30 personnel costs, and any other costs first year to 80 percent in the fifth year. double-spaced pages (not including the involved in administering the State’s Applicants that are initially selected required forms and tables), to use a 12- per-pupil facilities aid program. to receive grants will not receive grant point or larger-size font with one-inch 6. Other Submission Requirements: funds until they demonstrate, by July margins at the top, bottom, and both Instructions and requirements for the 15, 2004, that they have funded the non- sides, and to number pages transmittal of applications by mail or by Federal share of the matching funds consecutively. Furthermore, applicants hand (including a courier service or required under this program. The are strongly encouraged to include a commercial carrier) are in the Department reserves the right to revoke table of contents that specifies where application package for this program. a grant award if an initial recipient does each required part of the application is Application Procedures: The not have the required non-Federal located. Government Paperwork Elimination Act funding by this date. 3. Submission Dates and Times: (GPEA) of 1998 (Pub. L. 105–277) and Supplement-not-supplant provision. Applications Available: March 12, the Federal Financial Assistance Grantees shall use funds under this 2004. Management Improvement Act of 1999 program to supplement, and not Deadline for Transmittal of (Pub. L. 106–107) encourage us to supplant, State and local public funds Applications: July 1, 2004. undertake initiatives to improve our spent on per-pupil facilities aid Note: We are requiring that applications for grant processes. Enhancing the ability of programs, administration of these grants under this program be submitted individuals and entities to conduct programs, and programs for charter electronically using the Electronic Grant business with us electronically is a schools in total at the State and local Application System (e-Application) available major part of our response to these Acts. levels. through the Department’s e-GRANTS system. Therefore, we are taking steps to adopt 3. Other: The charter schools that a For information about how to access the e- the Internet as our chief means of grantee selects to benefit from this GRANTS system or to request a waiver of the conducting transactions in order to electronic submission requirement, please program must meet the definition of a improve services to our customers and charter school, as defined in the Charter refer to Section IV, Other Submission Requirements, in this notice. to simplify and expedite our business Schools Program authorizing statute in processes. section 5210(1) of the ESEA. The The application package for this We are requiring that applications for definitions of charter school and program specifies the hours of operation grants under the State Charter School authorized public chartering agency are of the e-Application Web site. If you are Facilities Incentive Grants Program— in the application package. requesting a waiver of the electronic CFDA Number 84.282D be submitted submission requirement, the dates and electronically using the Electronic Grant IV. Application and Submission times for the transmittal of applications Information Application System (e-Application) by mail or by hand (including a courier available through the Department’s e- 1. Address to Request Application service or commercial carrier) are also GRANTS system. The e-GRANTS Package: Education Publications Center in the application package. system is accessible through its portal (ED Pubs), P.O. Box 1398, Jessup, MD We do not consider an application page at: http://e-grants.ed.gov. 20794–1398. Telephone (toll free): 1– that does not comply with the deadline 877–433–7827. Fax: (301) 470–1244. If requirements. Note: The e-Application for this program you use a telecommunications device Deadline for Intergovernmental will be available on March 12, 2004. Please Review: August 30, 2004. be advised that applicants can begin work on for the deaf (TDD), you may call (toll program narrative sections, using a word free): 1–877–576–7734. 4. Intergovernmental Review: This processing program such as MS Word or You may also contact ED Pubs at its program is subject to Executive Order WordPerfect, prior to the application Web site: www.ed.gov/pubs/ 12372 and the regulations in 34 CFR availability date. Applicants should be aware edpubs.html or you may contact ED part 79. Information about that, in e-Application, the program narrative Pubs at its e-mail address: Intergovernmental Review of Federal will be divided into sections with each [email protected] Programs under Executive Order 12372 selection criteria requiring a separate file If you request an application from ED is in the application package for this upload. All files should be saved in .DOC or Pubs, be sure to identify this program. .RTF format, as the e-Application system competition as follows: CFDA number 5. Funding Clarifications and only accepts those file types. 84.282D. Restrictions: Under 34 CFR 75.533, a If you are unable to submit an Individuals with disabilities may grantee is prohibited from using grant application through the e-GRANTS obtain a copy of the application package funds for construction or the acquisition system, you may submit a written in an alternative format (e.g., Braille, of real property, unless specifically request for a waiver of the electronic

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submission requirement. In your • After you electronically submit (a) Adequacy of facility funding (35 request, you should explain the reason your application, you will receive an points). or reasons that prevent you from using automatic acknowledgement, which (i) The extent to which the proposal the Internet to submit your application. will include a PR/Award number (an provides adequate funding for charter Address your request to: Jim Houser, identifying number unique to your school facilities on a per-pupil basis. U.S. Department of Education, 400 application). (ii) The extent to which there is Maryland Avenue, SW., room 3C140, • Within three working days after adequate funding, including funds other Washington, DC 20202. Please submit submitting your electronic application, than per-pupil facilities aid, for charter your request no later than two weeks fax a signed copy of the Application for schools to meet their facility needs. before the application deadline date. Federal Education Assistance (ED 424) (b) Quality of plan (35 points). If, within two weeks of the to the Application Control Center after (i) The likelihood that the proposed application deadline date, you are following these steps: grant project will result in the State unable to submit an application 1. Print ED 424 from e-Application. either retaining a new per-pupil electronically, you must submit a paper 2. The institution’s Authorizing facilities aid program or continuing to application by the application deadline Representative must sign this form. enhance such a program without the date in accordance with the transmittal 3. Place the PR/Award number in the total amount of assistance (State and instructions in the application package. upper right hand corner of the hard Federal) declining over a five-year The paper application must include a copy signature page of the ED 424. period. written request for a waiver 4. Fax the signed ED 424 to the (ii) The flexibility charter schools documenting the reasons that prevented Application Control Center at (202) you from using the Internet to submit have in their use of facility funds for the 260–1349. various authorized purposes. your application. • We may request that you give us Pilot Project for Electronic Submission (iii) The quality of the plan for original signatures on other forms at a of Applications: We are continuing to identifying charter schools and later date. expand our pilot project for electronic determining their eligibility to receive Application Deadline Date Extension submission of applications to include funds. in Case of System Unavailability: If you additional formula grant programs and (iv) The formula’s ability to target are prevented from submitting your additional discretionary grant resources to charter schools with the application on the application deadline competitions. The State Charter School greatest need and the highest date because the e-Application system is Facilities Incentive Grants Program— proportions of students in poverty. unavailable, we will grant you an CFDA Number 84.282D is one of the (v) For projects that plan to reserve extension of one business day in order programs included in the pilot project. funds for evaluation, the quality of the to transmit your application If you are an applicant under the State applicant’s plan to use grant funds for electronically, by mail, or by hand Charter School Facilities Incentive this purpose. delivery. We will grant this extension Grants Program, you must submit your (vi) For projects that plan to reserve if— application to us in electronic format or funds for technical assistance, 1. You are a registered user of e- receive a waiver. dissemination, or personnel, the quality The pilot project involves the use of Application and you have initiated an e- of the applicant’s plan to use grant e-Application. If you use e-Application, Application for this competition; and funds for these purposes. 2. (a) The e-Application system is you will be entering data online while (c) The grant project team (15 points). completing your application. You may unavailable for 60 minutes or more between the hours of 8:30 a.m. and 3:30 (i) The qualifications, including not e-mail an electronic copy of a grant relevant training and experience, of the application to us. The data you enter p.m., Washington, DC time, on the application deadline date; or project manager and other members of online will be saved into a database. We the grant project team, including (b) The e-Application system is shall continue to evaluate the success of employees not paid with grant funds, unavailable for any period of time e-Application and solicit suggestions for consultants, and subcontractors. during the last hour of operation (that is, its improvement. (ii) The adequacy and appropriateness If you participate in e-Application, for any period of time between 3:30 p.m. and 4:30 p.m., Washington, DC time) on of the applicant’s staffing plan for the please note the following: grant project. • When you enter the e-Application the application deadline date. (d) The budget (15 points). system, you will find information about We must acknowledge and confirm its hours of operation. We strongly these periods of unavailability before (i) The extent to which the requested recommend that you do not wait until granting you an extension. To request grant amount and the project costs are the application deadline date to initiate this extension or to confirm our reasonable in relation to the objectives, an e-Application package. acknowledgement of any system design, and potential significance of the • You will not receive additional unavailability, you may contact either proposed grant project. point value because you submit a grant (1) the persons listed elsewhere in this (ii) The extent to which the costs are application in electronic format, nor notice under FOR FURTHER INFORMATION reasonable in relation to the number of will we penalize you if you submit an CONTACT (see VII. Agency Contacts) or students served and to the anticipated application in paper format. (2) the e-GRANTS help desk at 1–888– results and benefits. • You must submit all documents 336–8930. (iii) The extent to which the Federal electronically, including the You may access the electronic grant share of the costs of the project (which Application for Federal Education application for the State Charter School may not exceed the percentages allowed Assistance (ED 424); program-specific Facilities Incentive Grants Program at: under section 5205(b)(2)(C) of the ESEA) tables, and all necessary assurances and http://e-grants.ed.gov. falls below the maximums allowed, certifications. particularly in the initial years of the • Your e-Application must comply V. Application Review Information program. with any page limit requirements Selection Criteria: The selection (iv) The need for per-pupil charter described in this notice. criteria for this program are as follows: school facility funding in the State.

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VI. Award Administration Information most current performance and financial VIII. Other Information 1. Award Notices: If your application expenditure information as specified by the Secretary in 34 CFR 75.118. Electronic Access to This Document: is successful, we notify your U.S. You may view this document, as well as Representative and U.S. Senators and 4. Performance Measures: The performance measure for this program is all other documents of this Department send you a Grant Award Notice (GAN). published in the Federal Register, in We may also notify you informally. growth in the number of States with per- pupil facilities aid programs for charter text or Adobe Portable Document If your application is not evaluated or Format (PDF) on the Internet at the not selected for funding, we notify you. schools. The Department may develop additional measures at a later date that following site: www.ed.gov/news/ 2. Administrative and National Policy fedregister. Requirements: We identify may require data collection from administrative and national policy grantees. To use PDF you must have Adobe Acrobat Reader, which is available free requirements in the application package VII. Agency Contacts and reference these and other at this site. If you have questions about requirements in the Applicable FOR FURTHER INFORMATION CONTACT: using PDF, call the U.S. Government Regulations section of this notice. Valarie Perkins or Jim Houser, U.S. Printing Office (GPO), toll free, at 1– We reference the regulations outlining Department of Education, 400 Maryland 888–293–6498; or in the Washington, the terms and conditions of the award Avenue, SW., room 3C140, Washington, DC, area at (202) 512–1530. in the Applicable Regulations section of DC 20202–6140. Telephone: (202) 260– Note: The official version of this document this notice and include these and other 1924 or by e-mail: is the document published in the Federal specific conditions in the GAN. The [email protected]. Register. Free Internet access to the official GAN also incorporates your approved If you use a telecommunications edition of the Federal Register and the Code application as part of your binding device for the deaf (TDD), you may call of Federal Regulations is available on GPO the Federal Information Relay Service access at: www.gpoaccess.gov/nara/ commitments under the grant. index.html. 3. Reporting: At the end of your (FIRS) at 1–800–877–8339. project period, you must submit a final Individuals with disabilities may Dated: February 18, 2004. performance report, including financial obtain this document in an alternative Nina Shokraii Rees, information, as directed by the format (e.g., Braille, large print, Deputy Under Secretary for Innovation and Secretary. If you receive a multi-year audiotape, or computer diskette) on Improvement. award, you must submit an annual request to the program contact persons [FR Doc. 04–3849 Filed 2–20–04; 8:45 am] performance report that provides the listed in this section. BILLING CODE 4000–01–P

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Reader Aids Federal Register Vol. 69, No. 35 Monday, February 23, 2004

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 768...... 6056 Presidential Documents 3 CFR 769...... 6056 Executive orders and proclamations 741–6000 Proclamations: 1205...... 5936 The United States Government Manual 741–6000 7754...... 5457 1423...... 6201 7755...... 5677 1728...... 6926 Other Services 7756...... 5903 Electronic and on-line services (voice) 741–6020 Executive Orders: 8 CFR Privacy Act Compilation 741–6064 12512 (Revoked by Proposed Rules: Public Laws Update Service (numbers, dates, etc.) 741–6043 EO 13327)...... 5897 103...... 5088 TTY for the deaf-and-hard-of-hearing 741–6086 12958(See EO 13328) ...... 6901 9 CFR 13327...... 5897 ELECTRONIC RESEARCH 78...... 7863 13328...... 6901 145...... 7679 World Wide Web Administrative Orders: Presidential 10 CFR Full text of the daily Federal Register, CFR and other publications Determinations: is located at: http://www.access.gpo.gov/nara 50...... 5267 No. 2004-21...... 4843 71...... 6139 Federal Register information and research tools, including Public Notices: 600...... 7865 Inspection List, indexes, and links to GPO Access are located at: Notice of February 13, Proposed Rules: http://www.archives.gov/federallregister/ 2004 ...... 7677 170...... 4865 E-mail 5 CFR 171...... 4865 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 532...... 5257, 7105 11 CFR an open e-mail service that provides subscribers with a digital Proposed Rules: 111...... 6525 form of the Federal Register Table of Contents. The digital form Ch. XCVII...... 8030 of the Federal Register Table of Contents includes HTML and 591...... 6020 12 CFR PDF links to the full text of each document. 890...... 5935 9701...... 8030 222...... 6526 To join or leave, go to http://listserv.access.gpo.gov and select 229...... 6917 Online mailing list archives, FEDREGTOC-L, Join or leave the list 6 CFR Proposed Rules: (orchange settings); then follow the instructions. 29...... 8074 25...... 5729 PENS (Public Law Electronic Notification Service) is an e-mail 228...... 5729 service that notifies subscribers of recently enacted laws. 7 CFR 345...... 5729 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 300...... 4845 502...... 6201 and select Join or leave the list (or change settings); then follow 301...... 4845, 8091 563e...... 5729 the instructions. 318...... 7541 Ch. VII...... 5300 319 ...... 4845, 5673, 6905 703...... 4886 FEDREGTOC-L and PENS are mailing lists only. We cannot 704...... 4886 respond to specific inquiries. 762...... 5259 772...... 7679 Reference questions. Send questions and comments about the 905...... 5679 13 CFR Federal Register system to: [email protected] 930...... 6905 107...... 8097 The Federal Register staff cannot interpret specific documents or 932...... 5905 Proposed Rules: regulations. 984...... 6910 121...... 5302 989...... 6912 1724...... 7105 14 CFR FEDERAL REGISTER PAGES AND DATE, FEBRUARY 1726...... 7105 1...... 6531 4843–5004...... 2 1755...... 7105 21...... 6531 5005–5256...... 3 1940...... 5263 25...... 6532 1941...... 5259 5257–5458...... 4 39 ...... 5505, 5007, 5459, 5907, 1943...... 5259 5459–5678...... 5 5909, 5911, 5913, 5914, 1951...... 5259, 5264 5918, 5920, 5922, 5924, 5679–5904...... 6 1962...... 5264 5926, 6139, 6532, 6533, 5905–6138...... 9 1965...... 5264 6534, 6536, 6538, 6539, 6139–6524...... 10 Proposed Rules: 6541, 6542, 6546, 6547, 6525–6904...... 11 301...... 7607 6549, 6552, 6553, 7111, 6905–7104...... 12 319...... 5673 7113, 7548, 7550, 7551, 7105–7346...... 13 761...... 6056 7553, 7555, 7556, 7558, 7347–7540...... 17 762...... 6056 7560, 7561, 7565, 7680, 7541–7678...... 18 763...... 6056 8098, 8101, 8103 7679–7862...... 19 764...... 6056 61...... 6531 7863–8090...... 20 765...... 6056 71 ...... 5008, 5009, 5010, 5011, 8091–8322...... 23 766...... 6056 5012, 5013, 5014, 5461, 767...... 6056 5462, 5463, 7681

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77...... 5682 5...... 5268 32 CFR 63...... 7397 91 ...... 6531, 6532, 6555 9...... 5268 199...... 6919 72...... 4901, 5944 93...... 6555 16...... 5268 312...... 7366 75...... 4901, 5944 97...... 5683, 5684 375...... 5268 775...... 8108 81...... 4908, 8126 119...... 6531, 6555 385...... 5268 96...... 4901, 5944 Proposed Rules: 121 .....5388, 6380, 6531, 6532, 153...... 4890 247...... 7612 6555, 6556 20 CFR 1602...... 5797 261...... 7888 125 ...... 6531, 6532, 6556 404...... 5691 1605...... 5797 268...... 6593 129...... 6531 1609...... 5797 300...... 7613, 7897 135 .....5388, 6531, 6532, 6555, 21 CFR 1656...... 5797 6556 1...... 4851, 7347 42 CFR 139...... 6380 119...... 6788 33 CFR 71...... 7165 142...... 6531 201...... 7114 106...... 7681 102...... 7376 145...... 5388 203...... 8105 110...... 5274 183...... 6555 522...... 7115 43 CFR 117 .....5017, 5275, 5276, 5463, 1260...... 5015, 5016 529...... 6556 6558, 7682, 7684, 7686 2930...... 5703 1274...... 5016 556...... 6556 147...... 6146 Proposed Rules: 558...... 6557 44 CFR 165 .....5277, 5280, 5282, 5284, 25...... 5747 610...... 7114 5465, 5467, 5469, 5471, 64...... 5474, 7166 36...... 6856 1271...... 5272 5473, 6148, 6150, 6152, 65 ...... 6165, 6166, 6170 39 ...... 5302, 5477, 5756, 5759, 1300...... 7348 6154, 6156, 6158, 6559, 67 ...... 6172, 6179, 8112, 8113 5762, 5765, 5767, 5769, 1313...... 7348 7367 Proposed Rules: 5771, 5773, 5775, 5778, 67 ...... 6224, 8128, 8130 5780, 5781, 5783, 5785, 22 CFR Proposed Rules: 165 ...... 6219, 6221, 7717 5787, 5790, 5792, 5794, 126...... 7349 45 CFR 5936, 5939, 6214, 6585, 23 CFR 34 CFR 1611...... 8114 6587, 7170, 7174, 7176, 2531...... 6181 140...... 7116 280...... 4995 7179, 7181, 7378, 7380, 2533...... 6181 7382, 7706, 7707, 7710, 200...... 7116 36 CFR 7878 630...... 7116 Proposed Rules: 2551...... 6225 60...... 6216 633...... 7116 242...... 5018 2552...... 6227 61...... 6218 635...... 7116 Proposed Rules: 2553...... 6228 71 ...... 5093, 5094, 5095, 5097, 640...... 7116 7...... 5799 5098, 5479, 7713, 7714, 242...... 5105 24 CFR 46 CFR 7715 1200...... 7881 Proposed Rules: 12...... 6575 73...... 5099 37 CFR 77...... 5101 200...... 7324 16...... 6575 91...... 6218 203...... 7324 262...... 5693 67...... 5390 119...... 6218 291...... 7324 263...... 5693 Proposed Rules: 121...... 6216, 6218 990...... 5796 Proposed Rules: 67...... 5403 135...... 6218 205...... 8120 221...... 5403 25 CFR 136...... 6218 Proposed Rules: 38 CFR 47 CFR 15 CFR 162...... 6500 Proposed Rules: 0...... 7376 730...... 5686 3...... 6223 1...... 5707, 6920 26 CFR 732...... 5686 2...... 5707 39 CFR 734...... 5686, 5928 1 ...... 5017, 5248, 5272, 5931, 20...... 6578 736...... 5686 7350, 7567, 7995 551...... 7688 25...... 5707, 6578 740...... 5686, 5928 31...... 7567 3001...... 7574 27...... 5711, 6920 746...... 5686 301...... 5017, 7567 Proposed Rules: 54...... 5718, 6181 748...... 5686 602 ...... 5017, 7350, 7567 111...... 7887 64...... 5718 750...... 5686 Proposed Rules: 73 ...... 6192, 6193, 6194, 6582, 752...... 5686 1 ...... 5101, 5797, 5940, 7183, 40 CFR 8115 764...... 7867 7384, 7389 19...... 7121 Proposed Rules: 766...... 7867 301...... 5101 27...... 7121 1...... 7615, 8132 774...... 5927 52 ...... 4852, 4856, 5036, 5286, 2...... 7397 28 CFR 5289, 5932, 6160, 7096, 15...... 5945, 7397 16 CFR 2...... 5273 7127, 7133, 7370 20...... 6595 456...... 5451 60...... 7135, 7148 22...... 8132 602...... 6526 29 CFR 63...... 5038, 7372 24...... 8132 Proposed Rules: 1910...... 7351 81...... 4856 25...... 4908, 6595 310...... 7330 4022...... 7119 141...... 7156 27...... 8132 315...... 5440 4044...... 7119 180 ...... 5289, 6561, 7161, 7596 54...... 6229 456...... 5440 4904...... 7120 268...... 6567 61...... 7615 Proposed Rules: 300...... 7873 64...... 6595 17 CFR 1926...... 7184 Proposed Rules: 68...... 6595 1...... 6140 30...... 6592 69...... 7615 30 CFR Proposed Rules: 31...... 6592 73...... 6238, 6239 239...... 6438, 7852 75...... 8107 33...... 6592 74...... 4908 240 ...... 6124, 6438, 6928, 7852 Proposed Rules: 35...... 6592 78...... 4908 249...... 6928 57...... 7881 40...... 6592 90...... 7397, 8132 274 ...... 6438, 6928, 7852 943...... 5102, 5942 51...... 4901, 5944 52 ...... 4902, 4903, 4908, 5412, 48 CFR 18 CFR 31 CFR 6223, 7098, 7185, 7389 Ch. I ...... 8315 2...... 5268 Proposed Rules: 55...... 6928 2...... 8312 4...... 5268 10...... 5304 60...... 7390 10...... 8312

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12...... 8312 212...... 8151 176...... 6195 622...... 5297, 6921 13...... 8312 214...... 8152 177...... 6195 648...... 4861 15...... 8312 224...... 8152 222...... 7169 679 .....5298, 5299, 5934, 6198, 19...... 8312 226...... 8148 229...... 7169 6199, 7703, 7704, 7876 25...... 8312 228...... 8153 538...... 7689 Proposed Rules: 225...... 8115 231...... 8154 571...... 6583 17 ...... 6240, 6600, 8161 1804...... 5087 234...... 8155 Proposed Rules: 1852...... 5087 235 ...... 8148, 8157, 8158 192...... 5305, 5480 100...... 5105 Proposed Rules: 242...... 8155 195...... 5305, 5480 223 ...... 5810, 6621, 7719 52...... 5480 251...... 8159 571...... 5108, 8160 300...... 5481, 8162 201...... 8145 252 .....8146, 8148, 8150, 8155, 600...... 5483, 7411 202...... 8145 8158, 8159 50 CFR 622 ...... 7185, 7186, 7187, 7898 203...... 8146 17...... 8116 635...... 6621 49 CFR 205...... 8148 100...... 5018 648...... 5307, 6635 206...... 8149 107...... 6195 216...... 5720 660...... 7188 209...... 8146, 8150 171...... 6195 229...... 6583

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REMINDERS Comparability ranges— California; comments due by Magnuson-Stevens Act The items in this list were Compact clothes washers; 3-5-04; published 1-6-04 provisions— editorially compiled as an aid published 11-24-03 [FR 04-00169] Domestic fisheries; to Federal Register users. GENERAL SERVICES AGRICULTURE exempted fishing permit Inclusion or exclusion from ADMINISTRATION DEPARTMENT applications; comments this list has no legal Federal Acquisition Regulation Animal and Plant Health due by 3-3-04; significance. (FAR): Inspection Service published 2-17-04 [FR Temporary emergency 04-03392] procurement authority; Plant-related quarantine, Domestic fisheries; RULES GOING INTO published 2-23-04 domestic: exempted fishing permit EFFECT FEBRUARY 23, HEALTH AND HUMAN Pine shoot beetle; applications; comments 2004 SERVICES DEPARTMENT comments due by 3-5-04; due by 3-3-04; Centers for Medicare & published 1-5-04 [FR 04- published 2-17-04 [FR 00080] 04-03391] DEFENSE DEPARTMENT Medicaid Services Medicare: Plant-related quarantine, Fishery conservation and Federal Acquisition Regulation Rural health clinics— domestic: management: (FAR): Participation requirements, Golden nematode; Caribbean, Gulf, and South Sweden; memorandum of payment provisions, and comments due by 3-5-04; Atlantic fisheries— understanding; published Quality Assessment and published 1-5-04 [FR 04- King mackerel and reef 2-23-04 Performance 00079] fish; meetings; Temporary emergency Improvement Program Karnal bunt; comments due comments due by 3-5- procurement authority; establishment; published by 3-5-04; published 1-5- 04; published 2-13-04 published 2-23-04 12-24-03 04 [FR 04-00078] [FR 04-03282] INTERIOR DEPARTMENT DEFENSE DEPARTMENT AGRICULTURE COURT SERVICES AND Fish and Wildlife Service Navy Department DEPARTMENT OFFENDER SUPERVISION Endangered and threatened National Environmental Policy AGENCY FOR THE species: Natural Resources Act; implementation; Conservation Service DISTRICT OF COLUMBIA published 2-23-04 Mariana mallard and the Semi-annual agenda; Open for Guam broadbill; removed Loan and purchase programs: comments until further ENVIRONMENTAL from list; published 2-23- Conservation Security notice; published 12-22-03 PROTECTION AGENCY 04 Program; comments due [FR 03-25121] Air pollution control: Rota bridled white-eye; by 3-2-04; published 1-2- DEFENSE DEPARTMENT Federal and State operating Northern Mariana Islands; 04 [FR 03-31916] Acquisition regulations: permits programs; published 1-22-04 AGRICULTURE Unique item identification sufficiency monitoring LABOR DEPARTMENT DEPARTMENT requirements; scope Mine Safety and Health and valuation; comments Rural Utilities Service clarification; published 1- Administration due by 3-1-04; published 12-30-03 [FR 03-31951] 22-04 Coal mine safety and health: Program regulations: Unique item identification Air quality implementation Emergency evacuations and Bonds and notes issued for and valuation; correction; plans; approval and firefighting program; electrification or telephone comments due by 3-1-04; promulgation; various standards; technical purposes; guarantees; published 1-2-04 [FR C3- States: amendment; published 2- comments due by 3-1-04; published 12-30-03 [FR 31951] California; published 1-22-04 23-04 03-31928] ENERGY DEPARTMENT Montana; published 1-22-04 LEGAL SERVICES CORPORATION COMMERCE DEPARTMENT Federal Energy Regulatory New York; published 1-23- Legal assistance eligibility; Commission 04 National Oceanic and maximum income guidelines; Atmospheric Administration Electric rate and corporate FEDERAL published 2-23-04 regulation filings: COMMUNICATIONS Fishery conservation and NATIONAL AERONAUTICS management: Virginia Electric & Power COMMISSION AND SPACE Co. et al.; Open for Common carrier services: ADMINISTRATION Alaska; fisheries of comments until further Exclusive Economic Federal Acquisition Regulation notice; published 10-1-03 Federal-State Joint Board Zone— on Universal Service— (FAR): [FR 03-24818] General limitations; Rural health care support Temporary emergency ENVIRONMENTAL procurement authority; comments due by 3-1- PROTECTION AGENCY mechanism; published 04; published 1-29-04 12-24-03 published 2-23-04 Air quality implementation TRANSPORTATION [FR 04-01810] plans; approval and Wireless telecommunications Individual Fishing Quota services— DEPARTMENT promulgation; various Federal Aviation Program; halibut, States; air quality planning 71-76 GHz, 81-86 GHz, Administration sablefish, and purposes; designation of and 92-95 GHz bands Airworthiness directives: groundfish; comments areas: allocations and service Empresa Brasileira de due by 3-1-04; rules; published 1-23-04 Ohio; comments due by 3- Aeronautica, S.A. published 1-29-04 [FR 3-04; published 2-2-04 Television broadcasting: (EMBRAER); published 2- 04-01938] [FR 04-01966] Major television markets; 18-04 Pollock; comments due by Air quality implementation designated communities; 3-5-04; published 2-19- plans; approval and additions to list; published COMMENTS DUE NEXT 04 [FR 04-03625] promulgation; various 1-23-04 WEEK Caribbean, Gulf, and South States: FEDERAL TRADE Atlantic fisheries— California; comments due by COMMISSION AGRICULTURE Offshore marine 3-5-04; published 2-4-04 Appliances, consumer; energy DEPARTMENT aquaculture; meetings; [FR 04-02264] consumption and water use Agricultural Marketing comments due by 3-5- Florida; comments due by information in labeling and Service 04; published 2-13-04 3-1-04; published 1-30-04 advertising: Almonds grown in— [FR 04-03283] [FR 04-01977]

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New Hampshire; comments special controls Braun’s Rock-cress; Dassault; comments due by due by 3-3-04; published designation; comments comments due by 3-1- 3-1-04; published 1-29-04 2-2-04 [FR 04-02067] due by 3-1-04; 04; published 1-29-04 [FR 04-01770] South Carolina; comments published 12-1-03 [FR [FR 04-01625] Fokker; comments due by due by 3-1-04; published 03-29739] INTERIOR DEPARTMENT 3-4-04; published 2-3-04 1-29-04 [FR 04-01818] Reports and guidance Surface Mining Reclamation [FR 04-02106] Tennessee; comments due documents; availability, etc.: and Enforcement Office General Electric Co.; by 3-3-04; published 2-2- Evaluating safety of Permanent program and comments due by 3-2-04; 04 [FR 04-01970] antimicrobial new animal abandoned mine land published 1-2-04 [FR 03- Disadvantaged Business drugs with regard to their reclamation plan 31665] Enterprise Program; microbiological effects on submissions: Glasflugel; comments due bacteria of human health participation by businesses Texas; comments due by 3- by 3-4-04; published 2-5- concern; Open for in procurement under 4-04; published 2-3-04 04 [FR 04-02484] comments until further financial assistance [FR 04-02130] HPH s.r.o.; comments due notice; published 10-27-03 agreements by 3-4-04; published 2-4- [FR 03-27113] JUSTICE DEPARTMENT Hearing; comments due by 04 [FR 04-02252] 3-4-04; published 2-11-04 HOMELAND SECURITY Executive Office for Immigration Review: Pratt & Whitney; comments [FR 04-02957] DEPARTMENT due by 3-1-04; published Environmental statements; Coast Guard Attorneys and 12-31-03 [FR 03-32156] representatives availability, etc.: Anchorage regulations: appearances; comments Class B airspace; comments Coastal nonpoint pollution Maryland; Open for due by 3-1-04; published due by 2-29-04; published control program— comments until further 12-30-03 [FR 03-32019] 11-17-03 [FR 03-28528] Minnesota and Texas; notice; published 1-14-04 Class E airspace; comments NATIONAL ARCHIVES AND Open for comments [FR 04-00749] due by 3-1-04; published 1- RECORDS ADMINISTRATION until further notice; HOMELAND SECURITY 14-04 [FR 04-00757] Public availability and use: published 10-16-03 [FR DEPARTMENT Noise certification standards: 03-26087] Federal records and Citizenship and Immigration donated historical Subsonic jet airplanes and Pesticides; tolerances in food, Services Bureau subsonic transport animal feeds, and raw materials containing Immigration: category large airplanes; agricultural commodities: restricted information; Benefit application fee comments due by 3-1-04; Cyprodinil; comments due access restrictions; schedule; adjustment; published 12-1-03 [FR 03- by 3-1-04; published 12- comments due by 3-5-04; comments due by 3-4-04; 29147] 31-03 [FR 03-32061] published 1-5-04 [FR 04- published 2-3-04 [FR 04- 00174] VOR Federal airways; Pesticides; tolerances in food, comments due by 3-1-04; 02290] NUCLEAR REGULATORY animal feeds, and raw published 1-14-04 [FR 04- agricultural commodities: HOMELAND SECURITY COMMISSION DEPARTMENT 00754] Fluroxypyr; comments due Fee schedules revision; 92% Federal Emergency fee recovery (2004 FY); TRANSPORTATION by 3-1-04; published 12- DEPARTMENT 31-03 [FR 03-32007] Management Agency comments due by 3-3-04; Federal Railroad Superfund program: National Flood Insurance published 2-2-04 [FR 04- Program: 02019] Administration National oil and hazardous Railroad safety: substances contingency Private sector property POSTAL RATE COMMISSION plan— insurers; assistance; Practice and procedure: Rail freight rolling stock comments due by 3-1-04; reflectorization; comments National priorities list Postal service definition; published 12-31-03 [FR due by 3-5-04; published update; comments due comments due by 3-1-04; 03-32198] 11-6-03 [FR 03-27649] by 3-1-04; published 1- published 1-23-04 [FR 04- 29-04 [FR 04-01543] INTERIOR DEPARTMENT 01389] TRANSPORTATION DEPARTMENT National priorities list Land Management Bureau SMALL BUSINESS update; comments due Environmental statements; ADMINISTRATION National Highway Traffic Safety Administration by 3-1-04; published 1- availability, etc.: Disaster loan areas: Motor vehicle safety 29-04 [FR 04-01544] Grazing administration— Maine; Open for comments standards: FEDERAL Livestock grazing on until further notice; COMMUNICATIONS public lands exclusive published 2-17-04 [FR 04- Small business entities; COMMISSION to Alaska; comments 03374] economic impacts; Common carrier services: due by 3-2-04; comments due by 3-5-04; TRANSPORTATION published 1-5-04 [FR 04- Satellite communications— published 1-6-04 [FR DEPARTMENT 03-32336] 00028] Coordination between Federal Aviation non-geostationary and Range management: Administration TRANSPORTATION DEPARTMENT geostationary satellite Grazing administration— Airworthiness directives: orbit; comments due by Research and Special Livestock grazing on Agusta S.p.A.; comments 3-3-04; published 2-2-04 Programs Administration public lands exclusive due by 3-1-04; published [FR 04-01991] of Alaska; correction; 12-31-03 [FR 03-31849] Pipeline safety: comments due by 3-2- HEALTH AND HUMAN Airbus; comments due by 3- Gas and hazardous liquid 04; published 1-16-04 SERVICES DEPARTMENT 1-04; published 1-29-04 gathering lines; safety [FR 04-01032] Food and Drug [FR 04-01908] regulation; clarification and meeting; comments due Administration INTERIOR DEPARTMENT Boeing; comments due by Medical devices: Fish and Wildlife Service by 3-4-04; published 2-4- 3-2-04; published 2-6-04 04 [FR 04-02310] Dental devices— Endangered and threatened [FR 04-02477] TREASURY DEPARTMENT Gold based alloys, species: Bombardier; comments due precious metal alloys Critical habitat by 3-1-04; published 1-29- Internal Revenue Service and base metal alloys; designations— 04 [FR 04-01769] Income taxes:

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Credit for increasing www.archives.gov/ index.html. Some laws may enacted public laws. To research activities; federal—register/public—laws/ not yet be available. subscribe, go to http:// comments due by 3-2-04; public—laws.html. listserv.gsa.gov/archives/ H.R. 2264/P.L. 108–200 published 1-2-04 [FR 03- publaws-l.html 31819] The text of laws is not Congo Basin Forest published in the Federal Partnership Act of 2004 (Feb. Note: This service is strictly Register but may be ordered 13, 2004; 118 Stat. 458) LIST OF PUBLIC LAWS for E-mail notification of new in ‘‘slip law’’ (individual Last List January 29, 2004 laws. The text of laws is not This is a continuing list of pamphlet) form from the public bills from the current Superintendent of Documents, available through this service. session of Congress which U.S. Government Printing Public Laws Electronic PENS cannot respond to have become Federal laws. It Office, Washington, DC 20402 Notification Service specific inquiries sent to this may be used in conjunction (phone, 202–512–1808). The (PENS) address. with ‘‘PLUS’’ (Public Laws text will also be made Update Service) on 202–741– available on the Internet from 6043. This list is also GPO Access at http:// PENS is a free electronic mail available online at http:// www.gpoaccess.gov/plaws/ notification service of newly

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CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–050–00038–5) ...... 60.00 Jan. 1, 2003 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–050–00039–3) ...... 58.00 Jan. 1, 2003 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–050–00040–7) ...... 28.00 Jan. 1, 2003 numbers, prices, and revision dates. 200–1199 ...... (869–050–00041–5) ...... 47.00 Jan. 1, 2003 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–050–00042–3) ...... 43.00 Jan. 1, 2003 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–050–00043–1) ...... 37.00 Jan. 1, 2003 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–050–00044–0) ...... 57.00 Jan. 1, 2003 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–050–00045–8) ...... 40.00 Jan. 1, 2003 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–050–00046–6) ...... 47.00 Jan. 1, 2003 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–050–00047–4) ...... 57.00 Jan. 1, 2003 index.html. For information about GPO Access call the GPO User Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 17 Parts: The annual rate for subscription to all revised paper volumes is 1–199 ...... (869–050–00049–1) ...... 50.00 Apr. 1, 2003 $1195.00 domestic, $298.75 additional for foreign mailing. 200–239 ...... (869–050–00050–4) ...... 58.00 Apr. 1, 2003 240–End ...... (869–050–00051–2) ...... 62.00 Apr. 1, 2003 Mail orders to the Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 18 Parts: accompanied by remittance (check, money order, GPO Deposit 1–399 ...... (869–050–00052–1) ...... 62.00 Apr. 1, 2003 Account, VISA, Master Card, or Discover). Charge orders may be 400–End ...... (869–050–00053–9) ...... 25.00 Apr. 1, 2003 telephoned to the GPO Order Desk, Monday through Friday, at (202) 19 Parts: 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–140 ...... (869–050–00054–7) ...... 60.00 Apr. 1, 2003 charge orders to (202) 512-2250. 141–199 ...... (869–050–00055–5) ...... 58.00 Apr. 1, 2003 Title Stock Number Price Revision Date 200–End ...... (869–050–00056–3) ...... 30.00 Apr. 1, 2003 1, 2 (2 Reserved) ...... (869–050–00001–6) ...... 9.00 4Jan. 1, 2003 20 Parts: 1–399 ...... (869–050–00057–1) ...... 50.00 Apr. 1, 2003 3 (2002 Compilation 400–499 ...... (869–050–00058–0) ...... 63.00 Apr. 1, 2003 and Parts 100 and 500–End ...... (869–050–00059–8) ...... 63.00 Apr. 1, 2003 101) ...... (869–050–00002–4) ...... 32.00 1 Jan. 1, 2003 21 Parts: 4 ...... (869–050–00003–2) ...... 9.50 Jan. 1, 2003 1–99 ...... (869–050–00060–1) ...... 40.00 Apr. 1, 2003 5 Parts: 100–169 ...... (869–050–00061–0) ...... 47.00 Apr. 1, 2003 1–699 ...... (869–050–00004–1) ...... 57.00 Jan. 1, 2003 170–199 ...... (869–050–00062–8) ...... 50.00 Apr. 1, 2003 700–1199 ...... (869–050–00005–9) ...... 46.00 Jan. 1, 2003 200–299 ...... (869–050–00063–6) ...... 17.00 Apr. 1, 2003 1200–End, 6 (6 300–499 ...... (869–050–00064–4) ...... 29.00 Apr. 1, 2003 Reserved) ...... (869–050–00006–7) ...... 58.00 Jan. 1, 2003 500–599 ...... (869–050–00065–2) ...... 47.00 Apr. 1, 2003 7 Parts: 600–799 ...... (869–050–00066–1) ...... 15.00 Apr. 1, 2003 1–26 ...... (869–050–00007–5) ...... 40.00 Jan. 1, 2003 800–1299 ...... (869–050–00067–9) ...... 58.00 Apr. 1, 2003 27–52 ...... (869–050–00008–3) ...... 47.00 Jan. 1, 2003 1300–End ...... (869–050–00068–7) ...... 22.00 Apr. 1, 2003 53–209 ...... (869–050–00009–1) ...... 36.00 Jan. 1, 2003 22 Parts: 210–299 ...... (869–050–00010–5) ...... 59.00 Jan. 1, 2003 1–299 ...... (869–050–00069–5) ...... 62.00 Apr. 1, 2003 300–399 ...... (869–050–00011–3) ...... 43.00 Jan. 1, 2003 300–End ...... (869–050–00070–9) ...... 44.00 Apr. 1, 2003 400–699 ...... (869–050–00012–1) ...... 39.00 Jan. 1, 2003 700–899 ...... (869–050–00013–0) ...... 42.00 Jan. 1, 2003 23 ...... (869–050–00071–7) ...... 44.00 Apr. 1, 2003 900–999 ...... (869–050–00014–8) ...... 57.00 Jan. 1, 2003 24 Parts: 1000–1199 ...... (869–050–00015–6) ...... 23.00 Jan. 1, 2003 0–199 ...... (869–050–00072–5) ...... 58.00 Apr. 1, 2003 1200–1599 ...... (869–050–00016–4) ...... 58.00 Jan. 1, 2003 200–499 ...... (869–050–00073–3) ...... 50.00 Apr. 1, 2003 1600–1899 ...... (869–050–00017–2) ...... 61.00 Jan. 1, 2003 500–699 ...... (869–050–00074–1) ...... 30.00 Apr. 1, 2003 4 1900–1939 ...... (869–050–00018–1) ...... 29.00 Jan. 1, 2003 700–1699 ...... (869–050–00075–0) ...... 61.00 Apr. 1, 2003 1940–1949 ...... (869–050–00019–9) ...... 47.00 Jan. 1, 2003 1700–End ...... (869–050–00076–8) ...... 30.00 Apr. 1, 2003 1950–1999 ...... (869–050–00020–2) ...... 45.00 Jan. 1, 2003 2000–End ...... (869–050–00021–1) ...... 46.00 Jan. 1, 2003 25 ...... (869–050–00077–6) ...... 63.00 Apr. 1, 2003 8 ...... (869–050–00022–9) ...... 58.00 Jan. 1, 2003 26 Parts: §§ 1.0–1–1.60 ...... (869–050–00078–4) ...... 49.00 Apr. 1, 2003 9 Parts: §§ 1.61–1.169 ...... (869–050–00079–2) ...... 63.00 Apr. 1, 2003 1–199 ...... (869–050–00023–7) ...... 58.00 Jan. 1, 2003 §§ 1.170–1.300 ...... (869–050–00080–6) ...... 57.00 Apr. 1, 2003 200–End ...... (869–050–00024–5) ...... 56.00 Jan. 1, 2003 §§ 1.301–1.400 ...... (869–050–00081–4) ...... 46.00 Apr. 1, 2003 10 Parts: §§ 1.401–1.440 ...... (869–050–00082–2) ...... 61.00 Apr. 1, 2003 1–50 ...... (869–050–00025–3) ...... 58.00 Jan. 1, 2003 §§ 1.441–1.500 ...... (869–050–00083–1) ...... 50.00 Apr. 1, 2003 51–199 ...... (869–050–00026–1) ...... 56.00 Jan. 1, 2003 §§ 1.501–1.640 ...... (869–050–00084–9) ...... 49.00 Apr. 1, 2003 200–499 ...... (869–050–00027–0) ...... 44.00 Jan. 1, 2003 §§ 1.641–1.850 ...... (869–050–00085–7) ...... 60.00 Apr. 1, 2003 500–End ...... (869–050–00028–8) ...... 58.00 Jan. 1, 2003 §§ 1.851–1.907 ...... (869–050–00086–5) ...... 60.00 Apr. 1, 2003 11 ...... (869–050–00029–6) ...... 38.00 Feb. 3, 2003 §§ 1.908–1.1000 ...... (869–050–00087–3) ...... 60.00 Apr. 1, 2003 §§ 1.1001–1.1400 ...... (869–050–00088–1) ...... 61.00 Apr. 1, 2003 12 Parts: §§ 1.1401–1.1503–2A .... (869–050–00089–0) ...... 50.00 Apr. 1, 2003 1–199 ...... (869–050–00030–0) ...... 30.00 Jan. 1, 2003 §§ 1.1551–End ...... (869–050–00090–3) ...... 50.00 Apr. 1, 2003 200–219 ...... (869–050–00031–8) ...... 38.00 Jan. 1, 2003 2–29 ...... (869–050–00091–1) ...... 60.00 Apr. 1, 2003 220–299 ...... (869–050–00032–6) ...... 58.00 Jan. 1, 2003 30–39 ...... (869–050–00092–0) ...... 41.00 Apr. 1, 2003 300–499 ...... (869–050–00033–4) ...... 43.00 Jan. 1, 2003 40–49 ...... (869–050–00093–8) ...... 26.00 Apr. 1, 2003 500–599 ...... (869–050–00034–2) ...... 38.00 Jan. 1, 2003 50–299 ...... (869–050–00094–6) ...... 41.00 Apr. 1, 2003 600–899 ...... (869–050–00035–1) ...... 54.00 Jan. 1, 2003 300–499 ...... (869–050–00095–4) ...... 61.00 Apr. 1, 2003 ...... 900–End (869–050–00036–9) 47.00 Jan. 1, 2003 500–599 ...... (869–050–00096–2) ...... 12.00 5Apr. 1, 2003 13 ...... (869–050–00037–7) ...... 47.00 Jan. 1, 2003 600–End ...... (869–050–00097–1) ...... 17.00 Apr. 1, 2003

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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 27 Parts: 86 (86.1–86.599–99) ...... (869–050–00151–9) ...... 57.00 July 1, 2003 1–199 ...... (869–050–00098–9) ...... 63.00 Apr. 1, 2003 86 (86.600–1–End) ...... (869–050–00152–7) ...... 50.00 July 1, 2003 200–End ...... (869–050–00099–7) ...... 25.00 Apr. 1, 2003 87–99 ...... (869–050–00153–5) ...... 60.00 July 1, 2003 ...... 28 Parts: ...... 100–135 (869–050–00154–3) 43.00 July 1, 2003 136–149 ...... 0–42 ...... (869–050–00100–4) ...... 61.00 July 1, 2003 (869–150–00155–1) 61.00 July 1, 2003 150–189 ...... 43–End ...... (869–050–00101–2) ...... 58.00 July 1, 2003 (869–050–00156–0) 49.00 July 1, 2003 190–259 ...... (869–050–00157–8) ...... 39.00 July 1, 2003 29 Parts: 260–265 ...... (869–050–00158–6) ...... 50.00 July 1, 2003 0–99 ...... (869–050–00102–1) ...... 50.00 July 1, 2003 266–299 ...... (869–048–00156–5) ...... 47.00 July 1, 2002 100–499 ...... (869–050–00103–9) ...... 22.00 July 1, 2003 300–399 ...... (869–050–00160–8) ...... 42.00 July 1, 2003 500–899 ...... (869–050–00104–7) ...... 61.00 July 1, 2003 400–424 ...... (869–050–00161–6) ...... 56.00 July 1, 2003 900–1899 ...... (869–050–00105–5) ...... 35.00 July 1, 2003 425–699 ...... (869–050–00162–4) ...... 61.00 July 1, 2003 1900–1910 (§§ 1900 to 700–789 ...... (869–050–00163–2) ...... 61.00 July 1, 2003 1910.999) ...... (869–050–00106–3) ...... 61.00 July 1, 2003 790–End ...... (869–050–00164–1) ...... 58.00 July 1, 2003 1910 (§§ 1910.1000 to 41 Chapters: end) ...... (869–050–00107–1) ...... 46.00 July 1, 2003 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 1911–1925 ...... (869–050–00108–0) ...... 30.00 July 1, 2003 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1926 ...... (869–050–00109–8) ...... 50.00 July 1, 2003 3–6 ...... 14.00 3 July 1, 1984 1927–End ...... (869–050–00110–1) ...... 62.00 July 1, 2003 7 ...... 6.00 3 July 1, 1984 30 Parts: 8 ...... 4.50 3 July 1, 1984 1–199 ...... (869–050–00111–0) ...... 57.00 July 1, 2003 9 ...... 13.00 3 July 1, 1984 200–699 ...... (869–050–00112–8) ...... 50.00 July 1, 2003 10–17 ...... 9.50 3 July 1, 1984 700–End ...... (869–050–00113–6) ...... 57.00 July 1, 2003 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 31 Parts: 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 0–199 ...... (869–050–00114–4) ...... 40.00 July 1, 2003 19–100 ...... 13.00 3 July 1, 1984 200–End ...... (869–050–00115–2) ...... 64.00 July 1, 2003 1–100 ...... (869–050–00165–9) ...... 23.00 7July 1, 2003 32 Parts: 101 ...... (869–050–00166–7) ...... 24.00 July 1, 2003 1–39, Vol. I ...... 15.00 2 July 1, 1984 102–200 ...... (869–050–00167–5) ...... 50.00 July 1, 2003 1–39, Vol. II ...... 19.00 2 July 1, 1984 201–End ...... (869–050–00168–3) ...... 22.00 July 1, 2003 1–39, Vol. III ...... 18.00 2 July 1, 1984 42 Parts: 1–190 ...... (869–050–00116–1) ...... 60.00 July 1, 2003 1–399 ...... (869–048–00166–2) ...... 56.00 Oct. 1, 2002 191–399 ...... (869–050–00117–9) ...... 63.00 July 1, 2003 400–429 ...... (869–050–00170–5) ...... 62.00 Oct. 1, 2003 400–629 ...... (869–050–00118–7) ...... 50.00 July 1, 2003 430–End ...... (869–050–00171–3) ...... 64.00 Oct. 1, 2003 630–699 ...... (869–050–00119–5) ...... 37.00 7July 1, 2003 700–799 ...... (869–050–00120–9) ...... 46.00 July 1, 2003 43 Parts: 800–End ...... (869–050–00121–7) ...... 47.00 July 1, 2003 1–999 ...... (869–050–00172–1) ...... 55.00 Oct. 1, 2003 1000–end ...... (869–048–00170–1) ...... 59.00 Oct. 1, 2002 33 Parts: 1–124 ...... (869–050–00122–5) ...... 55.00 July 1, 2003 44 ...... (869–050–00174–8) ...... 50.00 Oct. 1, 2003 125–199 ...... (869–050–00123–3) ...... 61.00 July 1, 2003 45 Parts: 200–End ...... (869–050–00124–1) ...... 50.00 July 1, 2003 1–199 ...... (869–050–00175–6) ...... 60.00 Oct. 1, 2003 34 Parts: 200–499 ...... (869–050–00176–4) ...... 33.00 9Oct. 1, 2003 1–299 ...... (869–050–00125–0) ...... 49.00 July 1, 2003 500–1199 ...... (869–050–00177–2) ...... 50.00 Oct. 1, 2003 300–399 ...... (869–050–00126–8) ...... 43.00 7July 1, 2003 1200–End ...... (869–050–00178–1) ...... 60.00 Oct. 1, 2003 400–End ...... (869–050–00127–6) ...... 61.00 July 1, 2003 46 Parts: 35 ...... (869–050–00128–4) ...... 10.00 6July 1, 2003 1–40 ...... (869–050–00179–9) ...... 46.00 Oct. 1, 2003 41–69 ...... (869–050–00180–2) ...... 39.00 Oct. 1, 2003 36 Parts 70–89 ...... (869–050–00181–1) ...... 14.00 Oct. 1, 2003 ...... 1–199 (869–050–00129–2) 37.00 July 1, 2003 90–139 ...... (869–050–00182–9) ...... 44.00 Oct. 1, 2003 ...... 200–299 (869–050–00130–6) 37.00 July 1, 2003 140–155 ...... (869–050–00183–7) ...... 25.00 9Oct. 1, 2003 ...... 300–End (869–050–00131–4) 61.00 July 1, 2003 156–165 ...... (869–050–00184–5) ...... 34.00 9Oct. 1, 2003 37 ...... (869–050–00132–2) ...... 50.00 July 1, 2003 166–199 ...... (869–050–00185–3) ...... 46.00 Oct. 1, 2003 ...... 38 Parts: 200–499 (869–050–00186–1) 39.00 Oct. 1, 2003 500–End ...... (869–050–00187–0) ...... 25.00 Oct. 1, 2003 0–17 ...... (869–050–00133–1) ...... 58.00 July 1, 2003 18–End ...... (869–050–00134–9) ...... 62.00 July 1, 2003 47 Parts: 0–19 ...... (869–050–00188–8) ...... 61.00 Oct. 1, 2003 39 ...... (869–050–00135–7) ...... 41.00 July 1, 2003 20–39 ...... (869–048–00186–7) ...... 45.00 Oct. 1, 2002 40 Parts: 40–69 ...... (869–050–00190–0) ...... 39.00 Oct. 1, 2003 1–49 ...... (869–050–00136–5) ...... 60.00 July 1, 2003 70–79 ...... (869–050–00191–8) ...... 61.00 Oct. 1, 2003 50–51 ...... (869–050–00137–3) ...... 44.00 July 1, 2003 80–End ...... (869–050–00192–6) ...... 61.00 Oct. 1, 2003 52 (52.01–52.1018) ...... (869–050–00138–1) ...... 58.00 July 1, 2003 48 Chapters: 52 (52.1019–End) ...... (869–050–00139–0) ...... 61.00 July 1, 2003 1 (Parts 1–51) ...... (869–050–00193–4) ...... 63.00 Oct. 1, 2003 53–59 ...... (869–050–00140–3) ...... 31.00 July 1, 2003 1 (Parts 52–99) ...... (869–050–00194–2) ...... 50.00 Oct. 1, 2003 60 (60.1–End) ...... (869–050–00141–1) ...... 58.00 July 1, 2003 2 (Parts 201–299) ...... (869–050–00195–1) ...... 55.00 Oct. 1, 2003 60 (Apps) ...... (869–050–00142–0) ...... 51.00 8July 1, 2003 3–6 ...... (869–050–00196–9) ...... 33.00 Oct. 1, 2003 61–62 ...... (869–050–00143–8) ...... 43.00 July 1, 2003 7–14 ...... (869–050–00197–7) ...... 61.00 Oct. 1, 2003 63 (63.1–63.599) ...... (869–050–00144–6) ...... 58.00 July 1, 2003 15–28 ...... (869–050–00198–5) ...... 57.00 Oct. 1, 2003 63 (63.600–63.1199) ...... (869–050–00145–4) ...... 50.00 July 1, 2003 29–End ...... (869–050–00199–3) ...... 38.00 9Oct. 1, 2003 63 (63.1200–63.1439) .... (869–050–00146–2) ...... 50.00 July 1, 2003 63 (63.1440–End) ...... (869–050–00147–1) ...... 64.00 July 1, 2003 49 Parts: 64–71 ...... (869–050–00148–9) ...... 29.00 July 1, 2003 1–99 ...... (869–050–00200–1) ...... 60.00 Oct. 1, 2003 72–80 ...... (869–050–00149–7) ...... 61.00 July 1, 2003 100–185 ...... (869–050–00201–9) ...... 63.00 Oct. 1, 2003 81–85 ...... (869–050–00150–1) ...... 50.00 July 1, 2003 186–199 ...... (869–050–00202–7) ...... 20.00 Oct. 1, 2003

VerDate jul 14 2003 19:25 Feb 20, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4721 Sfmt 4721 E:\FR\FM\23FECL.LOC 23FECL Federal Register / Vol. 69, No. 35 / Monday, February 23, 2004 / Reader Aids ix

Title Stock Number Price Revision Date 200–399 ...... (869–050–00203–5) ...... 64.00 Oct. 1, 2003 400–599 ...... (869–050–00204–3) ...... 63.00 Oct. 1, 2003 600–999 ...... (869–050–00205–1) ...... 22.00 Oct. 1, 2003 1000–1199 ...... (869–050–00206–0) ...... 26.00 Oct. 1, 2003 1200–End ...... (869–048–00207–8) ...... 33.00 Oct. 1, 2003 50 Parts: 1–16 ...... (869–050–00208–6) ...... 11.00 Oct. 1, 2003 17.1–17.95 ...... (869–050–00209–4) ...... 62.00 Oct. 1, 2003 17.96–17.99(h) ...... (869–050–00210–8) ...... 61.00 Oct. 1, 2003 17.99(i)–end ...... (869–050–00211–6) ...... 50.00 Oct. 1, 2003 18–199 ...... (869–050–00212–4) ...... 42.00 Oct. 1, 2003 200–599 ...... (869–050–00213–2) ...... 44.00 Oct. 1, 2003 600–End ...... (869–050–00214–1) ...... 61.00 Oct. 1, 2003 CFR Index and Findings Aids ...... (869–050–00048–2) ...... 59.00 Jan. 1, 2003 Complete 2003 CFR set ...... 1,195.00 2003 Microfiche CFR Edition: Subscription (mailed as issued) ...... 298.00 2003 Individual copies ...... 2.00 2003 Complete set (one-time mailing) ...... 298.00 2002 Complete set (one-time mailing) ...... 290.00 2001 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2002, through January 1, 2003. The CFR volume issued as of January 1, 2002 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2003. The CFR volume issued as of April 1, 2000 should be retained. 6 No amendments to this volume were promulgated during the period July 1, 2000, through July 1, 2003. The CFR volume issued as of July 1, 2000 should be retained. 7 No amendments to this volume were promulgated during the period July 1, 2002, through July 1, 2003. The CFR volume issued as of July 1, 2002 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2001, through July 1, 2003. The CFR volume issued as of July 1, 2001 should be retained. 9 No amendments to this volume were promulgated during the period October 1, 2001, through October 1, 2003. The CFR volume issued as of October 1, 2001 should be retained.

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