11–23–04 Tuesday Vol. 69 No. 225 Nov. 23, 2004
Pages 68053–68236
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i II Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004
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Contents Federal Register Vol. 69, No. 225
Tuesday, November 23, 2004
Agricultural Research Service Employment and Training Administration NOTICES RULES Committees; establishment, renewal, termination, etc.: Alien temporary employment labor certification process: Biotechnology and 21st Century Agriculture Advisory Nonimmigrant workers (H-1B); Labor condition Committee, 68124 applications and requirments, 68221–68229 Meetings: NOTICES Biotechnology and 21st Century Agriculture Advisory Adjustment assistance: Committee, 68124–68125 Amcor Plastube, Inc., 68175–68176 Delta Mills, 68176 General Cable, 68176–68177 Agriculture Department Glass Group, Inc., 68177 See Agricultural Research Service Honeywell/Hobbs Corp., et al., 68177–68178 VF Intimates, LP, 68179 Bonneville Power Administration NOTICES Employment Standards Administration Environmental statements; notice of intent: See Wage and Hour Division Transmission Business Line; comprehensive policy; termination, 68138–68139 Energy Department Environmental statements; record of decision: See Bonneville Power Administration Cherry Point Cogeneration Project, 68139 See Federal Energy Regulatory Commission NOTICES Meetings: Children and Families Administration Environmental Management Site-Specific Advisory NOTICES Board— Agency information collection activities; proposals, Fernald Site, OH, 68136–68137 submissions, and approvals, 68152–68153 Natural gas exportation and importation: Boise White Paper, LLC, et al., 68137–68138 Coast Guard Cascade Natural Gas Corp., 68138 RULES Environmental Protection Agency Drawbridge operations: RULES New Jersey, 68079 Air quality implementation plans; approval and New York, 68079–68080 promulgation; various States: Shipping and transportation; technical, organizational, and Pennsylvania, 68080–68089 conforming amendments; correction, 68089–68090 NOTICES Agency information collection activities; proposals, Commerce Department submissions, and approvals, 68140–68143 See Foreign-Trade Zones Board Committees; establishment, renewal, termination, etc.: See Industry and Security Bureau Children’s Environmental Exposure Research Study See National Institute of Standards and Technology Review Panel, 68143–68144 See National Oceanic and Atmospheric Administration NOTICES Federal Aviation Administration Grants and cooperative agreements; availability, etc.: RULES Postsecondary Internship Program, 68125–68126 Class D airspace, 68074 Class E airspace, 68074–68075 Restricted areas, 68075–68076 Committee for the Implementation of Textile Agreements PROPOSED RULES NOTICES Class E airspace, 68104–68105 Cotton, wool, and man-made textiles: VOR Federal airways, 68105–68106 China, 68133–68134 NOTICES Export visa requirements; certification, waivers, etc.: Air traffic operating and flight rules, etc.: China, 68134–68135 High density airports; takeoff and landing slots, slot exemption lottery, and slot allocation procedures— Defense Department Washington Reagan National Airport, VA, 68209 NOTICES Federal Deposit Insurance Corporation Meetings: Women in Services Advisory Committee, 68135 RULES Deposit insurance coverage: Assessments; certified statements, 68068–68073 Education Department NOTICES Federal Election Commission Agency information collection activities; proposals, RULES submissions, and approvals, 68135–68136 Political committee status, 68056–68068
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NOTICES Industry and Security Bureau Agency information collection activities; proposals, RULES submissions, and approvals, 68144–68145 Export administration regulations: License conditions; licensee’s responsiblity to Federal Energy Regulatory Commission communicate, 68076–68077 PROPOSED RULES NOTICES Alaska Natural Gas Pipeline Act: Chemical Weapons Convention; impact on commercial Conduct of open seasons for natural gas transportation activities involving Schedule I chemicals through 2004 projects, 68106–68110 CY, 68127–68128 NOTICES Applications, hearings, determinations, etc.: Interior Department Midwest Independent Transmission System Operator, See Indian Affairs Bureau Inc., 68139–68140 See National Park Service PPL Brunner Island, LLC, et al., 68140 Internal Revenue Service Federal Reserve System RULES NOTICES Income taxes: Banks and bank holding companies: Retirement plans; required distributions; correction, Change in bank control, 68146 68077 Formations, acquisitions, and mergers, 68146–68147 PROPOSED RULES Income taxes: Federal Trade Commission Charitable contributions, allocation and apportionment of NOTICES deductions; hearing cancellation, 68110–68111 Premerger notification waiting periods; early terminations, 68147–68149 International Trade Commission Prohibited trade practices: NOTICES Petco Animal Supplies, Inc., 68149–68151 Antidumping: Sunbelt Lending Services, Inc., 68151–68152 Petroleum wax candles from— China, 68175 Foreign-Trade Zones Board Labor Department NOTICES Applications, hearings, determinations, etc.: See Employment and Training Administration New York, 68127 See Mine Safety and Health Administration See Wage and Hour Division
General Services Administration Mine Safety and Health Administration PROPOSED RULES RULES Federal travel: Coal mine safety and health: Relocation allowance, 68111–68119 Underground mines— Electric motor-driven mine equipment and accessories Government Ethics Office and high-voltage longwall equipment standards; RULES correction, 68078–68079 Government ethics: Post-employment conflict of interest restrictions; National Institute of Standards and Technology departmental component designations revision, NOTICES 68053–68056 Information processing standards, Federal: Personal identification verification for Federal employees Health and Human Services Department and contractors, 68128–68129 See Children and Families Administration Meetings: See National Institutes of Health Advanced Technology Visiting Committee, 68129
Homeland Security Department National Institutes of Health See Coast Guard NOTICES See U.S. Citizenship and Immigration Services Meetings: National Institute of Allergy and Infectious Diseases, Housing and Urban Development Department 68153 PROPOSED RULES Patent licenses; non-exclusive, exclusive, or partially Practice and procedure: exclusive: Applications for grants and other financial assistance; N & N Scientific, 68153–68154 electronic submission, 68217–68219 NOTICES National Oceanic and Atmospheric Administration Agency information collection activities; proposals, RULES submissions, and approvals, 68156–68157 Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Indian Affairs Bureau Demersal shelf rockfish, 68095–68103 NOTICES Atlantic highly migratory species— Agency information collection activities; proposals, Atlantic bluefin tuna, 68094–68095 submissions, and approvals, 68157 Atlantic swordfish, 68090–68094
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PROPOSED RULES Public Utility Holding Company Act of 1935 filings, 68196– Fishery conservation and management: 68197 Caribbean, Gulf, and South Atlantic fisheries— Self-regulatory organizations; proposed rule changes: Red snapper, 68119–68123 Chicago Board Options Exchange, Inc., 68197–68200 Marine mammals: Fixed Income Clearing Corp., 68200–68201 Bottlenose Dolphin Take Reduction Plan National Association of Securities Dealers, Inc., 68202– Correction, 68215 68204 NOTICES Pacific Exchange, Inc., 68205–68206 Meetings: Philadelphia Stock Exchange, Inc., 68206–68209 Mid-Atlantic Fishery Management Council, 68129–68130 Applications, hearings, determinations, etc.: New England Fishery Management Council, 68130–68131 Aberdeen Global Income Fund, Inc., 68195–68196 North Pacific Fishery Management Council, 68131 South Atlantic Fishery Management Council, 68131– Small Business Administration 68133 NOTICES Disaster and emergency areas: National Park Service North Carolina, 68209 NOTICES Environmental statements; availability, etc.: Surface Transportation Board Padre Island National Seashore, TX, 68157–68158 NOTICES National Register of Historic Places: Rail carriers: Pending nominations, 68158–68159 Waybill data; release for use, 68212–68213 Native American human remains, funerary objects; Railroad operation, acquisition, construction, etc.: inventory, repatriation, etc.: Burlington Northern & Santa Fe Railway Co., 68213 Agriculture Department— Angeles National Forest, Arcadia, CA, 68159–68160 Textile Agreements Implementation Committee Archeological Research Laboratory, University of Texas, See Committee for the Implementation of Textile Austin, TX, 68160–68162 Agreements Colorado Historical Society, Denver, CO, 68162–68169 Interior Department— Transportation Department Guadalupe Mountains National Park, Salt Flat, TX, See Federal Aviation Administration 68169–68171 See Research and Special Programs Administration Milwaukee Public Museum, Milwaukee, WI, 68171– See Surface Transportation Board 68172 Milwaukee Public Museum, Milwaukee, WI, 68172– Treasury Department 68173 See Internal Revenue Service Peabody Museum of Archeology and Ethnology, Harvard University, Cambridge, MA, 68173–68174 U.S. Citizenship and Immigration Services University of Massachusetts, Amherst, MA, 68174–68175 NOTICES Immigration: Nuclear Regulatory Commission H-1B petition procedures; numerical limitation NOTICES information, 68154–68156 Environmental statements; availability, etc.: E.I. Du Pont De Nemours & Co., Inc., 68179 Veterans Affairs Department Operating licenses, amendments; no significant hazards NOTICES considerations; biweekly notices, 68180–68193 Meetings: Environmental Hazards Advisory Committee, 68213 Personnel Management Office Real property; enhanced use lease: NOTICES Chicago, IL; Veterans’ Affairs Lakeside property, 68214 Excepted service: Schedules A, B, and C; positions placed or revoked— Wage and Hour Division Consolidated list, 68193–68194 RULES Alien temporary employment labor certification process: Research and Special Programs Administration Nonimmigrant workers (H-1B); Labor condition NOTICES applications and requirments, 68221–68229 Hazardous materials: Applications; exemptions, renewals, etc., 68209–68212 Safety advisories; compressed gas cylinders; Separate Parts In This Issue unauthorized markings, 68212 Part II Securities and Exchange Commission Housing and Urban Development Department, 68217–68219 RULES Securities: Part III Annual and quarterly reports; acceleration of periodic Labor Department, Employment and Training filing dates and disclosure concerning web site Administration; Labor Department, Wage and Hour access to reports, 68231–68236 Division, 68221–68229 NOTICES Agency information collection activities; proposals, Part IV submissions, and approvals, 68194–68195 Securities and Exchange Commission, 68231–68236
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To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Reader Aids listserv.access.gpo.gov and select Online mailing list Consult the Reader Aids section at the end of this issue for archives, FEDREGTOC-L, Join or leave the list (or change phone numbers, online resources, finding aids, reminders, settings); then follow the instructions. and notice of recently enacted public laws.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
5 CFR 2641...... 68053 11 CFR 100...... 68056 102...... 68056 104...... 68056 106...... 68056 12 CFR 327...... 68068 14 CFR 71 (2 documents) ...... 68074 73...... 68075 Proposed Rules: 71 (2 documents) ...... 68104, 68105 15 CFR 750...... 68076 17 CFR 210...... 68232 240...... 68232 249...... 68232 18 CFR Proposed Rules: 157...... 68106 20 CFR 655...... 68222 24 CFR Proposed Rules: 5...... 68218 26 CFR 1...... 68077 Proposed Rules: 1...... 68110 30 CFR 18...... 68078 33 CFR 117 (2 documents) ...... 68079 40 CFR 52...... 68080 41 CFR Proposed Rules: 300-3...... 68111 302-2...... 68111 302-3...... 68111 302-4...... 68111 302-5...... 68111 302-6...... 68111 302-7...... 68111 302-9...... 68111 302-11...... 68111 302-15...... 68111 46 CFR 10...... 68089 12...... 68089 28...... 68089 30...... 68089 50 CFR 635 (2 documents) ...... 68090, 68094 679...... 68095 Proposed Rules: 223...... 68215 229...... 68215 622...... 68119
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Rules and Regulations Federal Register Vol. 69, No. 225
Tuesday, November 23, 2004
This section of the FEDERAL REGISTER appearance is made on behalf of any that, before designating an agency contains regulatory documents having general other person, except the United States. component as distinct and separate for applicability and legal effect, most of which For purposes of 18 U.S.C. 207, a ‘‘senior purposes of 18 U.S.C. 207(c), the are keyed to and codified in the Code of employee’’ is any individual whose rate Director must find that there exists no Federal Regulations, which is published under of basic pay is equal to or greater than potential for use by former senior 50 titles pursuant to 44 U.S.C. 1510. 86.5 percent of the rate for level II of the employees of undue influence or unfair The Code of Federal Regulations is sold by Executive Schedule. advantage based on past Government the Superintendent of Documents. Prices of The representational bar of 18 U.S.C. service, and that the component is an new books are listed in the first FEDERAL 207(c) usually extends to the whole of agency or bureau within a department REGISTER issue of each week. any department or agency in which a or agency that exercises functions which former senior employee served in any are distinct and separate from the capacity during the year prior to functions of the parent department or OFFICE OF GOVERNMENT ETHICS termination from a senior employee agency and from the functions of other position. However, 18 U.S.C. 207(h) components of that parent. 5 CFR Part 2641 provides that whenever the Director of Pursuant to the procedures prescribed RIN 3209–AA14 OGE determines that an agency or in 5 CFR 2641.201(e), several bureau within a department or agency departments have forwarded written Post-Employment Conflict of Interest in the executive branch exercises requests to OGE that their department’s Restrictions; Revision of Departmental functions which are distinct and listing in appendix B be amended. After Component Designations separate from the remaining functions of carefully reviewing the requested the department or agency and there changes in light of the criteria in 18 AGENCY: Office of Government Ethics U.S.C. 207(h) as implemented in 5 CFR (OGE). exists no potential for use of undue influence or unfair advantage based on 2641.201(e)(6), the current Acting ACTION: Final rule; amendments. past Government service, the Director Director of OGE has determined to grant shall by rule designate such agency or all the requests and amend appendix B SUMMARY: The Office of Government to 5 CFR part 2641 as explained below. Ethics is revising the component bureau as a separate department or designations of several departments, for agency. As a result, a former senior Department of Commerce employee who served in a ‘‘parent’’ purposes of the one-year post- The Department of Commerce (DOC) department or agency is not barred by employment conflict of interest has advised that the name of one DOC 18 U.S.C. 207(c) from making restriction for senior employees, at 18 component currently listed in appendix U.S.C. 207(c). OGE is adding several communications to or appearances B of part 2641 has been changed. new component designations, revoking before any employee of any designated According to DOC, the ‘‘Bureau of several existing component component of that parent, but is barred Export Administration’’ is now the designations, and changing the names of as to employees of that parent or of ‘‘Bureau of Industry and Security.’’ others, based upon the other components that have not been Therefore, the OGE Acting Director is recommendations of the departments designated. Moreover, a former senior amending the DOC listing in appendix concerned. employee who served in a designated B to reflect the current name of this component of a parent department or component. EFFECTIVE DATES: This final rule is agency is barred from communicating to effective November 23, 2004, except for or making an appearance before any Department of Defense the removals of certain designated employee of that component, but is not The Department of Defense (DOD) has components from appendix B to part barred as to any employee of the parent advised that the name of one DOD 2641, as set forth in amendatory or of any other component. designated component currently listed paragraph 3 below, which are effective Under 18 U.S.C. 207(h)(2), component in appendix B of part 2641 has been on February 22, 2005. designations do not apply to persons changed. According to DOD, the FOR FURTHER INFORMATION CONTACT: W. employed at a rate of pay specified in ‘‘National Imagery and Mapping Gregg Burgess, Associate General or fixed according to subchapter II of 5 Agency’’ is now the ‘‘National Counsel, Office of Government Ethics; U.S.C. chapter 53 (the Executive Geospatial-Intelligence Agency.’’ telephone: (202) 482–9300; TDD: (202) Schedule). Component designations are Therefore, the Acting Director is 482–9293; fax: (202) 482–9237. listed in appendix B of 5 CFR part 2641. amending the DOD listing in appendix SUPPLEMENTARY INFORMATION: The Director of OGE regularly reviews B to reflect the current name of this the component designations and component. A. Substantive Discussion determinations and, in consultation 18 U.S.C. 207(c) prohibits a former with the department or agency Department of Homeland Security ‘‘senior employee,’’ for a period of one concerned, makes such additions and The Department of Homeland year, from knowingly making, with the deletions as are necessary. As specified Security (DHS), which was created in intent to influence, any communication in 5 CFR 2641.201(e)(3)(iii), the Director the Homeland Security Act of 2002, to or appearance before an employee of ‘‘shall by rule make or revoke a Public Law No. 107–296, 116 Stat. 2135, the department or agency in which he component designation after has requested that the Director designate served in any capacity during the one- considering the recommendation of the seven distinct and separate components year period prior to termination from designated agency ethics official.’’ in DHS for purposes of 18 U.S.C. 207(c). senior service, if that communication or Section 2641.201(e)(6) further provides DHS has requested such designations
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for its Directorates of ‘‘Emergency designation of INS and to designate ATF 2641 to add TTB as a designated Preparedness and Response’’ (EPR), as a new component. component. Information Analysis and Infrastructure Department of Labor Effective Dates Protection (IAIP), and ‘‘Science and Technology’’ (S&T), as each was created The Department of Labor (DOL) has As indicated in 5 CFR 2641.201(e)(4), by separate statutory provision under advised that the name of one DOL a designation ‘‘shall be effective as of the Homeland Security Act of 2002. designated component currently listed the effective date of the rule that creates Largely composed of the Federal in appendix B of part 2641 has been the designation, but shall not be Emergency Management Agency changed. According to DOL, the effective as to employees who (FEMA), the EPR was established to ‘‘Pension and Welfare Benefits terminated senior service prior to that ensure that the nation is prepared for Administration’’ is now the ‘‘Employee date.’’ Initial designations were effective catastrophes, including natural disasters Benefits Security Administration.’’ as of January 1, 1991. The effective date and terrorist assaults. The IAIP was Therefore, the Acting Director is of subsequent designations is indicated established to merge the capability to amending the DOL listing in appendix by means of parenthetical entries in B to part 2641 to reflect the current identify and to assess a broad range of appendix B to part 2641. The new name of this component. intelligence information from Federal, component designations made by this State, and local authorities concerning Department of Transportation rulemaking document, as well as the threats to the homeland. The S&T The Department of Transportation component name changes being functions to serve as the primary reflected herein (which do not affect research and development arm of DHS (DOT) has advised that the functions of the Transportation Security their underlying component designation to organize the scientific and dates), are effective November 23, 2004. technological resources of the nation to Administration (TSA) and the United prevent or mitigate the effects of States Coast Guard (USCG) have been As also provided in 5 CFR catastrophic terrorism. transferred to the Department of 2641.201(e)(4), a revocation is effective In addition to these Directorates, DHS Homeland Security in accordance with 90 days after the effective date of the has requested the following distinct and the Homeland Security Act of 2002, and rule that revokes the designation. separate component designations: the has therefore requested that the Accordingly, the component ‘‘Federal Law Enforcement Training component designations of TSA and designation revocations made in this Center’’ (FLETC), the ‘‘Transportation USCG be revoked. The Acting Director rulemaking will take effect February 22, Security Administration’’ (TSA), the is granting the DOT requests and is 2005. Revocations are not effective as to ‘‘United States Coast Guard’’ (USCG), accordingly revising the DOT listing in any individual terminating senior and the ‘‘United States Secret Service’’ appendix B to part 2641 to revoke the service prior to the expiration of the 90- (USSS), all four of which were component designations of TSA and day period. previously designated as distinct and USCG. B. Matters of Regulatory Procedure separate components at other Department of the Treasury departments. The Homeland Security Administrative Procedure Act Act of 2002 established that each of In connection with the changes Pursuant to 5 U.S.C. 553, as the these four entities shall be maintained pursuant to the Homeland Security Act Acting Director of the Office of as a distinct and separate entity within of 2002, the Department of the Treasury Government Ethics, I find that good DHS. (Treasury) has requested that the The Acting Director is granting the following four component designations cause exists for waiving the general requests of DHS and amending be revoked, since these components no requirements for notice of proposed appendix B to part 2641 to add a listing longer are a part of Treasury: ‘‘Bureau of rulemaking, opportunity for public for DHS as a parent department and to Alcohol, Tobacco and Firearms’’ comment, and, except as to the designate the requested seven distinct (BATF), ‘‘Federal Law Enforcement component revocations (see the and separate components in the DHS Training Center’’ (FLETC), ‘‘United preamble discussion above), a 30-day listing. States Customs Service’’ (USCG), and delayed effective date. It is important ‘‘United States Secret Service’’ (USSS). and in the public interest that the Department of Justice The Acting Director is granting designation or revocation herein by OGE The Department of Justice (DOJ) has Treasury’s requests and is accordingly of the specified separate departmental requested revocation of the revising the Treasury listing in components, as well as the component ‘‘Immigration and Naturalization appendix B to part 2641 to revoke the name changes, all of which reflect the Service’’ (INS) currently listed in component designations of BATF, current organization of the concerned appendix B of part 2641 as a designated FLETC, USCG and USSS. departments and, as to the new component of DOJ, because the Further, Treasury has requested that component designations, relieve a functions of INS have been transferred the recently-established Treasury restriction, be published in the Federal to the Department of Homeland bureau, the ‘‘Alcohol and Tobacco Tax Register and take effect as promptly as Security. In addition, in accordance and Trade Bureau’’ (TTB) be designated possible. with the Homeland Security Act of a distinct and separate component of Regulatory Flexibility Act 2002, the ‘‘Bureau of Alcohol, Tobacco, Treasury. TTB was established under Firearms and Explosives’’ (ATF) has the Homeland Security Act of 2002. As Acting Director of the Office of been established as a new distinct entity TTB has all the authorities related to the Government Ethics, I certify under the within DOJ. Therefore, DOJ has also administration and enforcement of the Regulatory Flexibility Act (5 U.S.C. requested that this bureau be designated provisions of the tax code relative to chapter 6) that this rule will not have a a distinct and separate component of alcohol, tobacco, firearms and certain significant economic impact on a DOJ. The Acting Director is granting the other excise taxes. The Acting Director substantial number of small entities DOJ requests and therefore is amending is granting this additional Treasury because it affects only Federal the DOJ listing in appendix B to part request and is accordingly amending the departments and agencies and current 2641 to revoke the component Treasury listing in appendix B to part and former Federal employees.
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Paperwork Reduction Act PART 2641—POST-EMPLOYMENT Federal Law Enforcement Training Center CONFLICT OF INTEREST (effective November 23, 2004.) The Paperwork Reduction Act (44 RESTRICTIONS Transportation Security Administration U.S.C. chapter 35) does not apply to this (effective November 23, 2004.) rule because it does not contain ■ 1. The authority citation for part 2641 United States Secret Service (effective information collection requirements that continues to read as follows: November 23, 2004.) United States Coast Guard (effective require the approval of the Office of Authority: 5 U.S.C. App. (Ethics in November 23, 2004.) Management and Budget. Government Act of 1978); 18 U.S.C. 207; E.O. * * * * * Unfunded Mandates Reform Act 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, Parent: Department of Justice For purposes of the Unfunded 3 CFR, 1990 Comp., p. 306. Components Mandates Reform Act of 1995 (2 U.S.C. ■ 2. Effective November 23, 2004, chapter 25, subchapter II), the final rule appendix B to part 2641 is amended by Antitrust Division will not significantly or uniquely affect Bureau of Alcohol, Tobacco, Firearms and revising the listings for the Department Explosives (effective November 23, 2004.) small governments and will not result in of Commerce, the Department of increased expenditures by State, local Bureau of Prisons (including Federal Prison Defense, the Department of Justice, the Industries, Inc.) and tribal governments, in the aggregate, Department of Labor, the Department of Civil Division or by the private sector, of $100 million Transportation and the Department of Civil Rights Division or more (as adjusted for inflation) in any the Treasury, and by adding a listing for Community Relations Service one year. the Department of Homeland Security, to Criminal Division Congressional Review Act read as follows: Drug Enforcement Administration Environment and Natural Resources Division The Office of Government Ethics has Appendix B to Part 2641—Agency Executive Office for United States Attorneys 2 determined that this rulemaking Components for Purposes of 18 U.S.C. (effective January 28, 1992) involves a nonmajor rule under the 207(c) Executive Office for United States Trustees 3 Congressional Review Act (5 U.S.C. * * * * * (effective January 28, 1992) chapter 8) and will submit a report Federal Bureau of Investigation Parent: Department of Commerce thereon to the U.S. Senate, House of Foreign Claims Settlement Commission Components Immigration and Naturalization Service Representatives and General Accounting (expiring February 22, 2005.) Bureau of the Census Office in accordance with that law at the Independent Counsel appointed by the same time this rulemaking document is Bureau of Industry and Security (formerly Bureau of Export Administration) (effective Attorney General sent to the Office of the Federal Register Office of Justice Programs for publication in the Federal Register January 28, 1992) Economic Development Administration Office of the Pardon Attorney (effective Executive Order 12866 International Trade Administration January 28, 1992) Minority Business Development Offices of the United States Attorney (94) 4 In promulgating this final rule, the Administration Offices of the United States Trustee (21) 5 Office of Government Ethics has National Oceanic and Atmospheric Tax Division adhered to the regulatory philosophy Administration United States Marshals Service (effective and the applicable principles of National Telecommunications and May 16, 1997) regulation set forth in section 1 of Information Administration United States Parole Commission Patent and Trademark Office Executive Order 12866, Regulatory Parent: Department of Labor Technology Administration (effective January Planning and Review. This rule has not 28, 1992) Components been reviewed by the Office of Parent: Department of Defense Bureau of Labor Statistics Management and Budget under that Employee Benefits Security Administration Executive order since it deals with Components (formerly Pension and Welfare Benefits agency organization, management, and Department of the Air Force Administration) (effective May 16, 1997) personnel matters and is not Department of the Army Employment and Training Administration ‘‘significant’’ under the order. Department of the Navy Employment Standards Administration Defense Information Systems Agency Mine Safety and Health Administration Executive Order 12988 Defense Intelligence Agency Occupational Safety and Health Defense Logistics Agency Administration As Acting Director of the Office of Defense Threat Reduction Agency (effective Government Ethics, I have reviewed this Office of Disability Employment Policy February 5, 1999) (effective January 30, 2003) rule in light of section 3 of Executive National Geospatial-Intelligence Agency Order 12988, Civil Justice Reform, and (formerly National Imagery and Mapping * * * * * certify that it meets the applicable Agency) (effective May 16, 1997) standards provided therein. National Reconnaissance Office (effective 2 The Executive Office for United States Attorneys January 30, 2003) shall not be considered separate from any Office of List of Subjects in 5 CFR Part 2641 National Security Agency the United States Attorney for a judicial district, but only from other designated components of the Conflict of interests, Government * * * * * Department of Justice. 3 employees. Parent: Department of Homeland Security The Executive Office for United States Trustees shall not be considered separate from any Office of Approved: November 16, 2004. Components the United States Trustee for a region, but only from Marilyn L. Glynn, Directorate of Emergency Preparedness and other designated components of the Department of Justice. Acting Director, Office of Government Ethics. Response (effective November 23, 2004.) 4 Each Office of the United States Attorney for a Directorate of Information Analysis and ■ Accordingly, for the reasons set forth judicial district shall be considered a separate Infrastructure Protection (effective component from each other such office. in the preamble, the Office of November 23, 2004.) 5 Each Office of the United States Trustee for a Government Ethics is amending 5 CFR Directorate of Science and Technology region shall be considered a separate component part 2641 as follows: (effective November 23, 2004.) from each other such office.
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Parent: Department of Transportation FEDERAL ELECTION COMMISSION the public with regard to the various Components issues raised in the NPRM. The 11 CFR Parts 100, 102, 104, and 106 comments are available at http:// Federal Aviation Administration www.fec.gov/register.htm under Federal Highway Administration [Notice 2004–15] Federal Motor Carrier Safety Administration ‘‘Political Committee Status.’’ The (effective January 30, 2003) Political Committee Status, Definition Commission held a public hearing on Federal Railroad Administration of Contribution, and Allocation for April 14 and 15, 2004, at which 31 Federal Transit Administration Separate Segregated Funds and witnesses testified. A transcript of the Maritime Administration Nonconnected Committees public hearing is also available at National Highway Traffic Safety http://www.fec.gov/register.htm under AGENCY: Federal Election Commission. Administration ‘‘Political Committee Status.’’ For the Saint Lawrence Seaway Development ACTION: Final rules and transmittal of purposes of this document, the terms Corporation regulations to Congress. ‘‘comment’’ and ‘‘commenter’’ apply to both written comments and oral Surface Transportation Board (effective May SUMMARY: The Federal Election 16, 1997) testimony at the public hearing. Commission (‘‘Commission’’) is revising Under the Administrative Procedure Transportation Security Administration portions of its regulations regarding the (effective January 30, 2003, expiring Act, 5 U.S.C. 553(d), and the definition of ‘‘contribution’’ and the Congressional Review of Agency February 22, 2005.) allocation of certain costs and expenses United States Coast Guard (expiring February Rulemaking Act, 5 U.S.C. 801(a)(1), by separate segregated funds (‘‘SSFs’’) 22, 2005.) agencies must submit final rules to the and nonconnected committees. A new Speaker of the House of Representatives Parent: Department of the Treasury rule explains when funds received in and the President of the Senate and Components response to certain communications by publish them in the Federal Register at any person must be treated as least 30 calendar days before they take Alcohol and Tobacco Tax and Trade Bureau ‘‘contributions.’’ In the allocation (effective November 23, 2004.) effect. The final rules that follows were regulations, the final rules eliminate the Bureau of Alcohol, Tobacco and Firearms transmitted to Congress on November previous allocation formula under (expiring February 22, 2005.) 18, 2004. which SSFs and nonconnected Bureau of Engraving and Printing committees used the ‘‘funds expended’’ Explanation and Justification Bureau of the Mint Bureau of the Public Debt method to calculate a ratio for use of Solicitations Federal and non-Federal funds for Comptroller of the Currency The Commission is adopting one Federal Law Enforcement Training Center administrative and generic voter drive expenses, replacing it with a flat 50% addition to the regulatory definition of (expiring February 22, 2005.) ‘‘contribution’’ in 11 CFR part 100, Financial Crimes Enforcement Network minimum. These rules also spell out how SSFs and nonconnected subpart B. This addition comports with (FinCEN) (effective January 30, 2003) the statutory standard for Financial Management Service committees must pay for voter drives and certain public communications. ‘‘contribution’’ by reaching payments Internal Revenue Service ‘‘made * * * for the purpose of Office of Thrift Supervision Other changes proposed previously regarding the definitions of ‘‘political influencing any election for Federal United States Custom Service (expiring office.’’ 2 U.S.C. 431(8)(A)(i); 11 CFR February 22, 2005.) committee’’ and ‘‘expenditure’’ are not 100.51 and 100.52. This addition has United States Secret Service (expiring being adopted. Further information is several exceptions to avoid sweeping February 22, 2005.) provided in the supplementary information that follows. too broadly. ■ 3. Effective February 22, 2005, DATES: Effective January 1, 2005. 11 CFR 100.57—Funds Received in appendix B to part 2641 is further FOR FURTHER INFORMATION CONTACT: Ms. Response to Solicitations amended by: Mai T. Dinh, Assistant General Counsel, Section 100.57 is a new rule that ■ A. Removing the Immigration and Mr. J. Duane Pugh Jr., Senior Attorney, explains when funds received in Naturalization Service from the listing Mr. Richard T. Ewell, Attorney, Mr. response to certain communications by for the Department of Justice; Robert M. Knop, Attorney, or Ms. any person must be treated as ■ B. Removing the Transportation Margaret G. Perl, Attorney, 999 E Street, ‘‘contributions’’ under FECA. Paragraph Security Agency and the United States NW., Washington, DC 20463, (202) 694– (a) sets out the general rule, paragraphs Coast Guard from the listing for the 1650 or (800) 424–9530. (b) and (c) create two specific Department of Transportation; and SUPPLEMENTARY INFORMATION: The exceptions: Paragraph (b) addresses ■ Commission published a Notice of certain allocable solicitations, and C. Removing the Bureau of Alcohol, Proposed Rulemaking on March 11, paragraph (c) addresses joint Tobacco and Firearms, the Federal Law 2004. See Notice of Proposed fundraisers. These rules in new 11 CFR Enforcement Training Center, the United Rulemaking on Political Committee 100.57 apply to all political committees, States Custom Service and the United Status, 69 FR 11736 (Mar. 11, 2004) corporations, labor organizations, States Secret Service from the listing for (‘‘NPRM’’). Written comments were due partnerships, organizations and other the Department of the Treasury. by April 5, 2004 for those commenters entities that are ‘‘persons’’ under the [FR Doc. 04–25897 Filed 11–22–04; 8:45 am] who wished to testify at the Federal Election Campaign Act of 1971, BILLING CODE 6345–02–P Commission hearing on these proposed as amended (‘‘FECA’’). See 2 U.S.C. rules, and by April 9, 2004 for 431(11). The rules apply without regard commenters who did not wish to testify. to tax status, so they reach all FECA The NPRM addressed a number of ‘‘persons,’’ including, for example, proposed changes to 11 CFR parts 100, entities described in or operating under 102, 104, 106 and 114. The Commission section 501(c)(3), 501(c)(4), and 527 of received over 100,000 comments from the Internal Revenue Code.
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1. 11 CFR 100.57(a)—Treatment as a solicitation would change the result of that sends out a solicitation that is Contributions whether a solicitation is subject to new subject to new section 100.57(a) or (b)(1) New section 100.57(a) classifies all section 100.57. A solicitation might with a disclaimer similar to the one funds provided in response to a state the following: described above cannot accept any communication as contributions under • The President wants to cut taxes again. Our funds that are not Federal funds (funds the FECA if the communication group has been fighting for lower taxes since that comply with the amount indicates that any portion of the funds 1960, and we will fight for the President’s tax limitations, source prohibitions and received will be used to support or cuts. Send us money for our important reporting requirements of FECA) in oppose the election of a clearly work.’’ response to that solicitation unless it identified Federal candidate. Because this solicitation does not satisfies one of the exceptions in new Most political committees and other indicate that any funds received will be section 100.57(b)(2) or (c), discussed organizations pay careful attention to used to support or oppose the election below. Further examples of communications communications with potential donors. of any candidates, any funds received in that solicit contributions under new These communications are commonly response are not subject to new section 100.57. section 100.57(a) are: the cornerstone of the relationship 1. ‘‘Electing Joe Smith is crucial to our between a group and its donors, and In contrast, a solicitation that would trigger the new rule might read as efforts to preserve the environment. their effectiveness is vital to almost all Please send money to us so that we can follows: organizations. Many groups’ fundraising be successful in this cause.’’ solicitations will say nothing of an • The President wants to cut taxes again. Our 2. ‘‘Our group strives to preserve electoral objective regarding the use of group has been fighting for lower taxes since Social Security, and Representative funds (i.e., that any funds provided in 1960, and we will fight to give the President Jones has a great plan to protect this response to the solicitation will be used four more years to fight for lower taxes. Send vital program. The Congressman needs us money for our important work.’’ to support or oppose the election of our help to stay in Washington and clearly identified Federal candidates). Because this solicitation indicates that implement his plan to save Social Communications that do so, however, the funds received will be used to Security. Give now to help us fight to plainly seek funds ‘‘for the purpose of support the election of a Federal save Social Security.’’ influencing Federal elections.’’ Thus, candidate (‘‘give the President four more 3. ‘‘Senator Jane Doe voted against a the new rule appropriately concludes years’’), any funds received in response tax package that would have helped that such funds are ‘‘contributions’’ to this solicitation are ‘‘contributions’’ working families. Your generous gift under FECA. under the new rule. will enable us to make sure Californians The standard in new section 100.57 The rule’s focus on the planned use remember in November.’’ draws support from a 1995 decision of of funds leaves the group issuing the Because the italicized language in the United States Court of Appeals for communication with complete control each of these solicitations indicates that the Second Circuit. FEC v. Survival over whether its communications will the funds received will be used to Education Fund, Inc., 65 F.3d 285 (2d trigger new section 100.57. After support the election or defeat of a Cir. 1995). In the Second Circuit case, determining that a clearly identified Federal candidate, any funds received the court found that a July 1984 letter candidate is mentioned, new section in response to these solicitations are from two nonprofit issue advocacy 100.57 requires an examination of only ‘‘contributions’’ under the new rule. groups solicited ‘‘contributions’’ under the text of a communication. The In the NPRM, the proposed regulation FECA because it included a statement regulation turns on the plain meaning of text for section 100.57 took a different ‘‘[t]hat * * * leaves no doubt that the the words used in the communication approach. See NPRM at 11757. funds contributed would be used to and does not encompass implied However, new section 100.57(a) is advocate President Reagan’s defeat at meanings or understandings. It does not similar to an approach that the the polls, not simply to criticize his depend on reference to external events, Commission sought comment on in the policies during the election year.’’ Id. at such as the timing or targeting of a narrative of the NPRM. See NPRM at 295. According to the court, the critical solicitation, nor is it limited to 11743. The commenters did not address statement from the mailing was: ‘‘your solicitations that use specific words or the approach discussed in the NPRM’s special election-year contribution today phrases that are similar to a list of narrative, but some addressed the will help us communicate your views to illustrative phrases. proposed regulation text for this hundreds of thousands of members of It is important to note that if a provision. Those commenters raised the voting public, letting them know solicitation indicates that any portion of objections to proposed section 100.57 why Ronald Reagan and his anti-people the funds received will be used to based on some of the exemptions from policies must be stopped.’’ Id. at 289 support or oppose the election of a the ‘‘expenditure’’ definition for certain and 295 (first emphasis added by court, clearly identified candidate, new communications, as discussed below. second in original). The mailing section 100.57(a) applies even if the The exemption from the ‘‘expenditure’’ described in FEC v. Survival Education solicitation states that funds received definition for the costs of internal Fund, if used following the effective would be used for other purposes too, communications by corporations, labor date of these rules and modified to subject to the exceptions in new 11 CFR organizations and membership identify clearly a current Federal 100.57(b)(2) and (c), discussed below. In organizations in 2 U.S.C. 431(9)(B)(iii) candidate, would trigger new section addition, a disclaimer stating that any and 11 CFR 100.134 is not affected by 100.57(a) and would require the group funds received that cannot be treated as the Commission’s promulgation of new issuing the mailing to treat all the funds contributions, or that cannot be section 100.57. received in response to the mailing as accepted by a political committee or New section 100.57 does not address ‘‘contributions’’ under FECA. cannot be deposited in a committee’s when the costs of communications are The following are examples of Federal account, will be deposited in expenditures under FECA. Instead, it solicitations based on the one that the organization’s non-Federal account specifies when funds received in Survival Education Fund used that does not negate the application of new response to certain communications illustrate how a variation in the text of section 100.57(a). Thus, an organization must be treated as contributions under
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FECA. Thus, a corporation, labor make independent expenditures on or 106.7 is nonetheless subject to the organization or membership behalf of particular Federal candidates rule that all of its proceeds are organization that issues an internal must be immune from consequences ‘‘contributions’’ under FECA. This communication of the type described in under new section 100.57. Just as an approach is consistent with the new section 100.57 may consider the MCFL corporation’s independent ‘‘candidate-driven’’ approach in the costs of the communication to be expenditures can make it a political revised allocation rules, discussed disbursements not subject to FECA committee, an MCFL corporation’s below. See, e.g., Explanation and requirements under section 100.134, but solicitations can make it the recipient of Justification for new 11 CFR 106.6(f)(1). it must treat any funds received in contributions under the FECA. These b. 11 CFR 100.57(b)(2) response as FECA contributions under contributions will not transform an new section 100.57. If the corporation, MCFL corporation into a political New section 100.57(b)(2) provides labor organization, or membership committee unless its expenditures and that where the costs of a solicitation are organization maintains a separate contributions become so extensive as to allocable under 11 CFR 106.1, 106.6 or segregated fund (‘‘SSF’’), treating the lead to a conclusion that the 106.7, if the solicitation also refers to at funds received in response to the organization’s major purpose is least one clearly identified non-Federal communication as contributions to the campaign activity. Therefore, new candidate, at least fifty percent of the SSF will satisfy new section 100.57. section 100.57 is not inconsistent with proceeds of the solicitation must be Section 100.141 exempts from the MCFL. treated as contributions under FECA. ‘‘expenditure’’ definition any payments Some commenters addressed the See new 11 CFR 100.57(b)(2). The funds made by corporations or labor interplay between this regulation and that satisfy the requirement that fifty organizations that are permissible under other proposed rules that the percent of the funds received must be 11 CFR part 114. Part 114 authorizes the Commission is not adopting, which contributions under the FECA under use of non-Federal funds for the costs of renders these comments moot. new section 100.57(b)(2) must also various corporate, labor organization, New section 100.57 provides one comply with FECA’s amount limitations and membership organization example of communications that can and source prohibitions and must be communications under certain generate contributions; it is not an reported as contributions if the recipient conditions. See, e.g., 11 CFR 114.3 to exhaustive list. The rule addresses is a political committee. Thus, if such a 114.8; 2 U.S.C. 441b(b)(2)(A), (b)(2)(B), communications that indicate that the solicitation does not yield at least fifty (b)(4)(B). New section 100.57 does not funds received in response will be used percent in funds that meet the FECA’s make the costs of these communications to support or oppose the election of a amount limitations and source expenditures; instead, it concerns the clearly identified Federal candidate. prohibitions, then the organization must treatment of funds received in response Other communications that do not refund some of the donations to comply to certain communications without include such an indication may also with new section 100.57. For example, regard to how the costs of those generate contributions under FECA. A a political committee might raise a total of $30,000 for its Federal and non- communications were paid. solicitation that states that the funds Federal accounts with a fundraising One commenter argued that its status received will be used to influence event where the invitation includes a as an MCFL-type corporation (a Federal elections will generate FECA solicitation that is subject to both new qualified nonprofit corporation allowed contributions, see 11 CFR 102.5(a)(2)(ii), to make independent expenditures section 100.57 and allocation under even though such a communication pursuant to 11 CFR 114.10) means its section 106.6(d). Under new section would not be subject to new section communications that inform potential 100.57(b)(2), the political committee 100.57 because it does not mention a contributors of the organization’s ability must consider at least fifty percent of clearly identified Federal candidate. to advocate in connection with a the proceeds to be contributions. If the Any funds that are ‘‘contributions’’ by Federal election must be immune from $30,000 total receipts include only operation of new section 100.57 are FECA consequences. The Supreme $12,000 that are in compliance with contributions for purposes of the Court holding in FEC v. Massachusetts FECA’s limitations and prohibitions, ‘‘political committee’’ definition in 2 Citizens for Life, 479 U.S. 238 (1986) then the committee may retain only U.S.C. 431(4)(A) and 11 CFR 100.5(a), (‘‘MCFL’’), is not so broad. Indeed, the $12,000 in non-Federal funds. The which defines a ‘‘political committee’’ Court twice has recognized that an political committee must then refund as any group that makes $1,000 of MCFL-type corporation’s independent $6,000 of donations so that fifty percent spending can have FECA consequences. expenditures or receives $1,000 of of the proceeds from this solicitation are See id. at 262 (noting: ‘‘should MCFL’s contributions during a calendar year. In contributions. independent spending become so Buckley v. Valeo, 424 U.S. 1, 79 (1976), New section 100.57 does not change extensive that the organization’s major the Supreme Court narrowed the the allocation of direct costs of purpose may be regarded as campaign ‘‘political committee’’ definition with a fundraising under current 11 CFR activity, the corporation would be ‘‘major purpose’’ test, which is 106.6(d) or 106.7(d)(4). These costs are classified as a political committee’’); see discussed further below. The ‘‘major subject to allocation according to the also FEC v. Beaumont, 539 U.S. 146, purpose’’ test applies in the same way funds received method. New section 149 (2003) (holding that the ban on to groups that make or receive $1,000 of 100.57, however, does affect the nature corporate contributions directly to contributions and groups that make of the funds received from a solicitation Federal candidates applies to MCFL- $1,000 of expenditures. and requires that either 100% or at least type corporations). Independent 2. 11 CFR 100.57(b)—Certain Allocable 50% of the funds received must be expenditures were the core of the MCFL Solicitations contributions. The amount of holding, yet the opinion expressly notes contributions received, in turn, impacts that the independent expenditures can a. 11 CFR 100.57(b)(1) how the funds received method operates trigger political committee status. New section 100.57(b)(1) states that a when the fundraising includes a Nonetheless, the commenter claims that solicitation that meets section 100.57(a) solicitation that is subject to new an MCFL corporation’s ability to explain and refers to a political party so that its section 100.57. For example, consider to potential contributors that it will costs are allocable under 11 CFR 106.6 again the situation described above
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where a political committee raised percent of the proceeds must be treated communication refers to a political $30,000 for its Federal and non-Federal as FECA contributions, without regard party. When the voter drive or public accounts and spent $2,000 in direct to which entity receives those communication refers to clearly costs of fundraising. After the $6,000 contributions. Any joint fundraising identified Federal candidates, but no refund, the funds received from that agreement must reflect the appropriate clearly identified non-Federal event were 50% Federal and 50% non- division of proceeds and costs in order candidates, the costs must be paid for Federal, so the political committee must for the joint fundraising entities to with 100% Federal funds. Similarly, use at least $1,000 in Federal funds to comply with new section 100.57 and in when the voter drive or public pay for direct costs of fundraising under 11 CFR 102.17. communication refers to clearly section 106.6(d). In accordance with 11 For example, two political identified non-Federal candidates, but CFR 106.6(d)(2), the final allocation of committees, called A and B, each with no clearly identified Federal candidates, the direct costs of fundraising must a Federal and non-Federal account, sign the costs may be paid 100% from a non- result in the Committee using at least a joint fundraising agreement stating Federal account. Any voter drives or $1,000 of Federal funds to pay those that A will receive 75% of the proceeds public communications that refer to costs, and prior payments based on an and B will receive 25% of the proceeds. both clearly identified Federal and non- estimated allocation ratio under section In accordance with the agreement, they Federal candidates are subject to the 106.6(d)(1) must be adjusted to match jointly raise $100,000 with a solicitation time/space method of allocation under the final allocation ratio. subject to new section 100.57(b)(2), with 11 CFR 106.1. The final rules do not A receiving $75,000 and B receiving change the allocation methods in 11 3. 11 CFR 100.57(c)—Joint Fundraisers $25,000. The $100,00 raised by the two CFR 106.1, which are based on the New section 100.57(c) concerns joint committees must be distributed among benefit reasonably expected to be fundraising. It provides that funds their Federal and non-Federal accounts derived by each candidate. Minor received in response to solicitations in any way that results in at least 50% changes are being made in 11 CFR 102.5 conducted between or among the of the $100,000 total proceeds being and 104.10 to conform to the changes in authorized committees of Federal and deposited in the Federal accounts. For 11 CFR 106.6. non-Federal candidates are excepted example, A may deposit one third of its from being treated entirely as $75,000 in proceeds ($25,000) in its 11 CFR 102.5—Organizations Financing contributions under the new rule in Federal account and the remaining two Political Activity in Connection With section 100.57. Nevertheless, when a thirds ($50,000) in its non-Federal Federal and Non-Federal Elections, Federal candidate’s authorized account. B would then treat all of its Other Than Through Transfers and Joint committee participates in a joint $25,000 in proceeds as Federal funds, Fundraisers: Accounts and Accounting fundraiser, all funds solicited are deposit $25,000 in its Federal account, Section 102.5(a)(1)(i) regulates how subject to restrictions imposed on and nothing in its non-Federal account. political committees, other than Federal candidates by BCRA. See 2 All funds deposited in Federal accounts national committees, that finance U.S.C. 441i(e)(1) and either 11 CFR must comply with the amount political activity in connection with 300.61 or 300.62. When a Federal limitations, source prohibitions, and both Federal and non-Federal elections candidate conducts a joint fundraiser reporting requirements of the Act. set up accounts and transfer monies with a State candidate, the candidates Furthermore, at least 50% of the direct between Federal and non-Federal must divide the receipts according to costs of fundraising must be paid for accounts to pay for these activities. As the written joint fundraising agreement with Federal funds. explained below in the Explanation and under 11 CFR 102.17. All funds raised Justification for revised 11 CFR 106.6, for the Federal candidate are subject to Allocation the Commission is revising the rules for 11 CFR 300.61 and all funds raised for The Commission is adopting final SSFs and nonconnected committees the State candidate are subject to 11 rules at 11 CFR 106.6 to change the regarding allocation of administrative CFR 300.62 because of the Federal allocation regime for SSFs and and generic voter drive expenses, and candidate’s participation in the joint nonconnected committees. These final adding rules regarding the payment of fundraiser. rules establish a simpler bright-line rule costs of certain voter drives and public All other joint fundraising pursuant to providing that administrative expenses, communications. In order to conform to section 102.17 is subject to new section generic voter drives, and certain public revised 11 CFR 106.6, the Commission 100.57(a) and (b). Thus, section 100.57 communications that refer to a political is revising section 102.5(a)(1)(i) to add applies to solicitations for joint party must be paid for with at least 50% references to sections 106.6(c) and fundraisers involving unauthorized Federal funds. Under the previous 106.6(f), which govern transfers from political committees or other regulations, SSFs and nonconnected non-Federal to Federal accounts under organizations that are not political committees applied a complex ‘‘funds 11 CFR 102.5(a) to pay for allocable committees where the solicitations expended’’ formula to arrive at a ratio of activities. indicate that any portion of the funds Federal funds to total Federal and non- received will be used to support or Federal disbursements and then paid for 11 CFR 104.10—Reporting by Separate oppose the election of a clearly these expenses with allocated amounts Segregated Funds and Nonconnected identified Federal candidate. If the from Federal and non-Federal accounts. Committees of Expenses Allocated communication is subject to new The previous rules were a source of Amount Candidates and Activities section 100.57(a) or (b)(1), then the confusion for some SSFs and Section 104.10 specifies how SSFs entire amount of the proceeds of the nonconnected committees and resulted and nonconnected committees must joint fundraiser must be treated as in time-consuming reporting. report expenses allocated among contributions. Alternatively, if the These final rules also establish candidates and activities pursuant to 11 solicitation is subject to new section candidate-driven allocation rules for CFR 106.1 and 106.6. Previously, 100.57(b)(2) (includes at least one voter drives and public communications section 104.10(b)(1) established the clearly identified Federal candidate and that refer to clearly identified Federal or reporting requirements for allocation of at least one clearly identified non- non-Federal candidates regardless of administrative and generic voter drive Federal candidate), then at least fifty whether the voter drive or public expenses under the former ‘‘funds
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expended’’ method in section 106.6. As the circumvention of the FECA subject to allocation but must be paid explained in greater detail below (see permitted under the former party for in accordance with new 11 CFR Explanation and Justification for revised committee allocation rules could just as 106.6(f). 11 CFR 106.6), the Commission is easily be said of the allocation regime Proposed 11 CFR 106.6(b)(1) would revising the rules for SSFs and for SSFs and nonconnected committees. have applied the allocation rules to nonconnected committees and removing After carefully considering these public communications that promote or the ‘‘funds expended’’ method of public comments and examining support a political party or promote, allocation. In order to conform to the information regarding how the support, attack or oppose a clearly revised 11 CFR 106.6, the Commission allocation system under former 11 CFR identified candidate. NPRM at 11759. is deleting the requirements for 106.6 has worked over the past ten The final rules do not adopt this reporting allocated expenditures and years, the Commission adopts the approach. Rather, revised section disbursements under the ‘‘funds following amendments to 11 CFR 106.6: 106.6(b) lists public communications expended’’ method in section (1) Deleting the ‘‘funds expended’’ ratio that refer to a political party or a clearly 104.10(b)(1). Instead, revised paragraph from 11 CFR 106.6(c) and replacing it identified candidate. The Commission is (b)(1) states that in each report with a 50% flat minimum Federal adopting the standard in the final rules disclosing a disbursement for percentage; (2) applying this new 50% because it is an objective standard that administrative expenses, generic voter Federal minimum to administrative and is easy to administer. generic voter drive expenses, as well as drives, or public communications that A. 11 CFR 106.6(b)(1)—Costs To Be to a newly added category of allocable refer to a political party, but do not refer Allocated to any clearly identified candidates, the expenses—public communications that committee shall state the allocation ratio refer to a political party but do not refer The four types of disbursements in used for these categories of expenses to any clearly identified Federal or non- revised 11 CFR 106.6(b)(1) that are under revised 11 CFR 106.6(c). The Federal candidates; (3) providing for subject to allocation are: administrative committee must report whether it is allocation of certain voter drives and expenses, direct costs of fundraising, using the 50% minimum Federal funds public communications that may refer generic voter drives and public required under section 106.6(c) or to political parties and do refer to communications that refer to a political another percentage of Federal funds clearly identified candidates, based party. The final rules retain the former (greater than 50%). Because of the upon whether the candidates are descriptions of administrative expenses, simplified approach under the revised Federal, non-Federal, or both; and (4) direct costs of fundraising, and generic allocation provisions of section 106.6 directing SSFs and nonconnected voter drives in new paragraphs (b)(1)(i), explained below, the reporting committees to use the time/space (ii) and (iii) in section 106.6, obligations for SSFs and nonconnected allocation method for certain voter respectively. New paragraphs (b)(1)(i) committees should be easier to meet drives and public communications that and (ii) still make clear that SSFs may than the obligations under former refer to at least one clearly identified have the costs of administrative section 104.10. Federal candidate, and to at least one expenses and fundraising programs paid clearly identified non-Federal by their connected organization. 11 CFR 106.6—Payment for candidate, regardless of whether there is ‘‘Generic voter drives’’ is a defined term Administrative Expenses, Voter Drives a reference to a political party. Through used prior to BCRA and goes beyond the and Certain Public Communications these final rules, the Commission seeks limited activities defined under This section specifies how SSFs and to enhance compliance with the FECA, ‘‘Federal election activity.’’ For nonconnected committees must pay for to simplify the allocation system, and to example, a television ad urging the certain activities that are in connection make it easier for SSFs and general public to vote for candidates with Federal elections, non-Federal nonconnected committees to associated with a particular issue, elections, or both, using Federal and comprehend and for the Commission to without mentioning a specific non-Federal accounts established administer these requirements. candidate, would be considered pursuant to 11 CFR 102.5. As noted in allocable as a generic voter drive section 106.6(a), political committees 1. 11 CFR 106.6(b)—Payments for activity under 11 CFR 106.6(b)(1)(iii). required to allocate under this section Administrative Expenses, Voter Drives The final rules add a fourth type of do not include party committees and the and Certain Public Communications disbursement that must be allocated— authorized committees of any candidate Previous 11 CFR 106.6(b)(1) listed public communications, as defined in for Federal election. The NPRM disbursements that must be allocated by 11 CFR 100.26, that refer to a political included several proposals to amend the SSFs, and previous 11 CFR 106.6(b)(2) party but do not refer to any Federal or allocation provisions in 11 CFR 106.6, listed disbursements that must be non-Federal candidate. See 11 CFR which are discussed in greater detail allocated by nonconnected committees. 106.6(b)(1)(iv). To illustrate, public below. NPRM at 11753–55 and 11759– Because the allocation method is very communications that use phrases such 60. Approximately ten commenters similar for both SSFs and nonconnected as ‘‘the Democratic team,’’ ‘‘the provided substantive comments committees, it is unnecessary to create Minnesota Democratic Committee,’’ regarding these proposals. In general, separate lists for them. Rather, the ‘‘the GOP,’’ ‘‘Democrats,’’ and the commenters were divided as to the distinction in the final rules concerning ‘‘Republicans in Congress,’’ would fall impact of the U.S. Supreme Court allocation is between the types of under new paragraph (b)(1)(iv) of decision in McConnell v. FEC, 540 U.S. disbursements that are subject to section 106.6 because they refer to a 93 (2003), on the allocation rules for allocation and the types of political party. See also 11 CFR SSFs and nonconnected committees. disbursements that are not. Thus, 106.6.(b)(2)(iii) and (iv) discussed One commenter argued that McConnell revised 11 CFR 106.6(b)(1) lists the below. reaffirmed that allocation between disbursements that SSFs and Federal and non-Federal accounts is nonconnected committees must allocate B. 11 CFR 106.6(b)(2)—Costs Not appropriate for SSFs and nonconnected in accordance to revised 11 CFR Subject to Allocation committees. Other commenters believed 106.6(c). Revised 11 CFR 106.6(b)(2) Revised 11 CFR 106.6(b)(2) lists the that McConnell’s statements regarding lists the disbursements that are not four types of disbursements that are not
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subject to allocation between Federal seeks to capture only authorized applicable percentage across the board. and non-Federal accounts, but are statements; an SSF or nonconnected See id. subject to the payment requirements in committee is not required to treat an The NPRM also discussed other new paragraph (f) of section 106.6. Two otherwise generic voter drive as a possible minimums including a ‘‘two of the four types of disbursements candidate-specific one based on tier’’ system where SSFs and concern voter drives and the other two unauthorized comments by committee nonconnected committees that operate types concern public communications. employees or volunteers. SSFs and in fewer than 10 States would have used The Commission recognizes that the nonconnected committees should be a lower minimum Federal percentage allocation regulation for generic voter maintaining sufficient control over their (such as 25%), while any committees drives in new 11 CFR 106.6(b)(1)(iii) printed materials, scripts and written does not apply to voter drives that instructions to be on notice whether or operating in more than 10 States would mention a specific Federal or non- not the voter drive would qualify as a have been subject to a higher percentage Federal candidate. Without an candidate-specific voter drive in new (such as 50%). See id. The NPRM also additional regulatory clarification, some paragraphs (b)(2)(i) or (ii) of section proposed the alternative of a fixed voter drive activity may have fallen into 106.6. minimum Federal percentage as a the gap between the regulation of Revised 11 CFR 106.6(b)(2) also replacement for the ‘‘funds expended’’ generic voter drives in 11 CFR includes two types of public method. Finally, the NPRM also sought 106.6(b)(1)(iii) and the candidate- communications, as defined in 11 CFR comment on eliminating the allocation specific public communications 100.26. First, paragraph (b)(2)(iii) scheme and requiring SSFs and provisions in new 11 CFR describes public communications that nonconnected committees to use 100% 106.6(b)(2)(iii) and (iv), discussed refer to one or more clearly identified Federal funds for partisan voter drives below. To prevent such a gap, the Federal candidates, regardless of and public communications listed in Commission is issuing new rules for whether there is reference to a political proposed 11 CFR 106.6(b). voter drives that refer to a clearly party, but do not refer to any clearly B. Comments on Allocation Proposals identified Federal or non-Federal identified non-Federal candidates. candidate. Second, paragraph (b)(2)(iv) of section Little attention was focused on New paragraph (b)(2)(i) of section 106.6 describes public communications 106.6 describes voter drives in which allocation issues during the public that refer to a political party and one or comment period. Fewer than 10 the printed materials or scripted more clearly identified non-Federal messages refer to one or more clearly comments provided a substantive candidates, but do not refer to any response to the allocation issues raised identified Federal candidate, or any clearly identified Federal candidates. voter drives which include written in the NPRM. One commenter wanted to References to clearly identified Federal eliminate allocation altogether and instructions that direct the committee’s or non-Federal candidates that come require 100% Federal funds for almost employee or volunteer to refer to a within new 11 CFR 106.6(b)(2)(iii) and all activities, and two commenters clearly identified Federal candidate (iv) include ‘‘the President,’’ ‘‘your recommended revamping the allocation (including voter drives that also Senators,’’ and ‘‘the Republican generally refer to candidates of a candidate for Senate in the State of scheme by eliminating the funds particular party or those associated with Georgia.’’ See also 11 CFR 100.17 expended method. a particular issue), but do not refer to (definition of ‘‘clearly identified’’). The commenters differed regarding any clearly identified non-Federal whether it was appropriate to add a candidates. New paragraph (b)(2)(ii) also 2. 11 CFR 106.6(c)—Method for Federal minimum percentage into the addresses voter drives that similarly Allocating Administrative Expenses, ‘‘funds expended’’ method in former refer to one or more clearly identified Costs of Voter Drives and Certain Public section 106.6(c). One commenter non-Federal candidates, including voter Communications supported revision of the section 106.6 drives that generally refer to candidates A. Proposals in the NPRM of a particular party or candidates allocation scheme to avoid ‘‘absurd associated with a particular issue, but In the NPRM, the Commission set results’’ under the former system by do not refer to any clearly identified forth several proposals to amend the requiring a ‘‘significant minimum hard Federal candidates. allocation regulations in 11 CFR 106.6 money share’’ for allocated expenses. In both paragraphs, the reference to that apply to SSFs and nonconnected Another commenter noted that the new the clearly identified candidate must be committees other than state and local bookkeeping, reporting, and contained in printed materials, scripted party committees. Those included a calculations required for the proposed messages, or written instructions. Only number of proposals where minimum ‘‘funds expended method plus a written instructions that direct the Federal percentages would be added to minimum percentage’’ approach in the employee or volunteer to refer to a the funds expended method. One NPRM would be burdensome for clearly identified Federal or non-Federal alternative in the proposed rules would political committees. Some commenters candidate will satisfy these paragraphs.1 have required SSFs and nonconnected supported 100% Federal funds for The Commission included these committees to use the greatest certain expenditures, others supported a limitations to avoid converting an percentage applicable in any of the State-by-State approach, one supported allocable generic voter drive into an States in which the committee a modified ‘‘two tier’’ approach to unallocable candidate-specific voter conducted its activities as the minimum minimums, and others expressed drive based solely upon ‘‘off script’’ or Federal percentage applied to all concern that any number chosen as a unauthorized oral comments by an allocations under the funds expended minimum would be arbitrary. employee or volunteer. The regulation method. See NPRM at 11754. A competing alternative would have The commenters also differed with 1 For example, a written instruction to the allowed committees to choose between regard to the proposals for allocation of employees or volunteers that states ‘‘do not mention allocating costs on a State-by-State basis public communications and voter or refer to Candidate Y’’ would not by itself be drives. One commenter noted that if a covered by paragraphs (b)(2)(i) or (ii) of section according to the percentage applicable 106.6. in each State, or using the highest communication promotes, supports,
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attacks, or opposes (‘‘PASOs’’) 2 a required committees to monitor their political committees with the FEC; Federal candidate, then it should be Federal expenditures and non-Federal consistent with that status, political paid for with 100% Federal funds. disbursements, compare their current committees should not be permitted to Likewise, this commenter noted that if spending to the ratio reported at the pay for administrative expenses, generic a communication only includes non- start of the election cycle, and then voter drives and public communications Federal candidates, then the committee adjust the ratio to reflect their actual that refer to a political party with a should be allowed to use 100% non- behavior. The confusion and greater amount of non-Federal funds Federal funds to pay its costs. Some administrative burden associated with than Federal funds. However, the 50% commenters supported a minimum the funds expended method may at least figure also recognizes that some Federal Federal percentage for both PASO partly explain why, historically, SSFs SSFs and nonconnected committees communications and partisan voter and nonconnected committees have not conduct a significant amount of non- drives. One commenter asserted that adjusted their allocation ratios during Federal activity in addition to their allocation based on the PASO standard an election cycle, or from one election Federal spending. The Commission has would be vague. Another commenter cycle to the next election cycle. concluded that this approach is argued that adding PASO Given the complexity of former preferable to importing percentages communications to the ‘‘funds section 106.6(c), the confusion regarding used in other contexts for dissimilar expended’’ ratio would be the proper application of this rule entities, such as the former national unenforceable, arbitrary, and exhibited by some SSFs and party committee ratios repealed by unbalanced. In addition, some nonconnected committees, and the BCRA or the current ratios applicable to commenters suggested also revising 11 administrative burden of compliance, State and local party committees, as CFR 106.1 to include a minimum the Commission seeks to simplify, not suggested in the NPRM. Federal percentage under the time/space further complicate, the allocation Public communications that refer to a methodology of allocation. The system. Thus, the Commission is not political party without referring to any Commission is not able to adopt this retaining the funds expended method in clearly identified Federal or non-Federal latter suggestion because the NPRM did any form. candidates are subject to the new 50% not seek public comment on amending A flat minimum percentage makes the flat minimum percentage in revised 11 section 106.1. allocation scheme easier to understand CFR 106.6(c). Like the administrative and apply, while preserving the overall expenses and generic voter drives C. Final Rules rationale underlying allocation. The flat (which may refer to a political party), In examining public disclosure minimum percentage eliminates the which are also allocated under section reports filed by SSFs and nonconnected requirement—and, thus, the 106.6(c), these references solely to a committees over the past ten years, the accompanying burdens—of calculating political party inherently influence both Commission discovered that very few the ratio and monitoring it continuously Federal and non-Federal elections. committees chose to allocate their for accuracy. Furthermore, the Therefore, the 50% Federal funds administrative and generic voter drive Commission’s recent experience with requirement reflects the dual nature of expenses under former section 106.6(c). State and local party allocation ratios in the communication. As with other Anecdotal evidence suggested that 11 CFR 106.7 and 300.33 indicates that expenses under revised section 106.6(c), many committees, including those that flat minimum allocation ratios are easier an SSF or nonconnected committee may allocated, were confused as to how the for committees to understand and for choose to allocate more than 50% of the funds expended ratio should be the Commission to administer. A flat costs of any such public communication calculated and adjusted throughout the minimum Federal percentage will also to its Federal account, if it wishes to do two-year election cycle. Committees result in less complex, less intrusive, so. have consistently requested guidance on and speedier enforcement actions, The past decade of reports filed with the proper application of the allocation thereby enhancing compliance with the the FEC indicate that most SSFs and methods under former section 106.6 at law. Finally, SSFs and nonconnected nonconnected committees do not various Commission conferences, committees will retain the flexibility to allocate under section 106.6(c). In fact, roundtables and education events. allocate more than the flat minimum fewer than 2% of all registered non- Audit experience has also shown that percentage of these expenses to their party political committees filed H1 and some committees were not properly Federal account if they wish to do so. H4 schedules allocating administrative allocating under the complicated funds Accordingly, the Commission has and generic voter drive expenses under expended method. See Final Report of decided to replace the funds expended former section 106.6(c) in each election the Audit Division on Volunteer PAC method of allocation with a flat cycle since these regulations were made (Sept. 21, 2004) (improper application minimum allocation percentage. effective in 1991. Any SSF or of flat state ballot composition ratio Neither FECA nor any court decision nonconnected committee that was not instead of calculating ratio under funds dictates how the Commission should allocating under section 106.6 was expended method in section 106.6) and determine appropriate allocation ratios. presumably already using 100% Federal Final Report of the Audit Division on In fact, at least one court has recognized funds for these expenses, except where Republicans for Choice PAC (Dec. 2, that the Commission has the discretion those expenses were paid by other 1999) (apparent confusion between to establish the Federal funds entities in accordance with the Act and calculation of funds received ratio and percentage it deems best for Commission regulations, such as an funds expended ratio in section 106.6). administrative and generic voter drive SSF’s connected organization paying its In addition, calculating and adjusting expenses. See Common Cause v. FEC, administrative expenses. Thus, the funds expended ratio may have 692 F. Supp. 1391, 1396 (D.D.C. 1987). removing the funds expended method posed an administrative burden to some A flat 50% allocation minimum and replacing it with a flat minimum committees, particularly those with recognizes that SSFs and nonconnected percentage in section 106.6 should only limited resources, because compliance committees can be ‘‘dual purpose’’ in affect a small fraction of all SSFs and that they engage in both Federal and nonconnected committees. 2 ‘‘PASO’’ has emerged as a convenient acronym non-Federal election activities. These Even for those SSFs and for ‘‘promote, support, attack or oppose.’’ committees have registered as Federal nonconnected committees that were
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allocating, the impact of the final rules communications that refer to a political approach for these voter drives and should not be substantial. A review of party and also refer only to clearly public communications, coupled with past reports filed with the FEC shows identified Federal candidates must be the removal of the funds expended that almost half of these committees paid for with 100% Federal funds from method in favor of a flat percentage were already paying for these expenses the Federal account under new 11 CFR method, reduces the amount of with at least 50% Federal funds under 106.6(f)(1). Permitting these voter drives recordkeeping, tracking, and calculating the former system. These committees and communications to be paid for with that SSFs and nonconnected committees will not need to adjust their payments some non-Federal funds based on a must do to allocate properly under the 50% flat percentage method cursory reference to a political party administrative expenses, and to pay in revised 11 CFR 106.6(c). Moreover, would invite circumvention of the properly for voter drives, and public the actual dollar amounts of non- intent of the allocation scheme. Voter communication costs under 11 CFR Federal funds that were spent in past drives and public communications that 106.6. cycles on administrative and generic refer to clearly identified Federal The revised 11 CFR 106.6 allocation voter drive expenses under former candidates, without any reference to regulations should reduce the burden of section 106.6(c), and which will have to political parties or non-Federal compliance on SSFs and nonconnected be partially replaced with Federal funds candidates, similarly must be paid for committees. Incorporation of certain under the final rules, is relatively low. with 100% Federal funds from the voter drives and public communications With the exception of one or two Federal account.3 into 11 CFR 106.6 provides more committees per election cycle whose On the other hand, voter drives and specific guidance to committees that spending was out of line with other public communications that refer to a conduct such activity. The Commission SSFs and nonconnected committees, the political party and also refer only to believes that these final rules best final rules affect each committee by clearly identified non-Federal resolve the problems with the former requiring only a minimal increase in candidates may be paid for entirely by allocation scheme revealed through Federal funds expended. Additionally, the non-Federal account under new 11 reviewing past FEC reports and the these amounts were not high compared CFR 106.6(f)(2). SSFs and nonconnected issues raised by the commenters on the to total disbursements from these committees may pay for these NPRM. communications referring to non- committees’ Federal accounts in an Effective Date election cycle (and would have been Federal candidates partly or entirely even smaller if disbursements from non- with Federal funds, but are not required Many commenters on the NPRM Federal accounts were taken into to do so. Finally, voter drives and public argued that any changes made effective consideration). Thus, revised 11 CFR communications that refer to both before the general election on November 106.6(c) should not impose a significant Federal and non-Federal candidates, 2, 2004 would cause great disruption to fundraising burden on these regardless of whether there is also a political committees and other committees. reference to a political party are subject organizations. Taking into account the to a time/space allocation method in statutorily mandated waiting period 3. 11 CFR 106.6(f)—Payments for Public new 11 CFR 106.6(f)(3), which is similar before a regulation may be effective Communications and Voter Drives That to the method outlined in 11 CFR 106.1. under the Administrative Procedure Refer to One or More Clearly Identified See new 11 CFR 106.6(f)(3).4 SSFs and Act, these regulations could not be Federal or Non-Federal Candidates nonconnected committees must comply effective until after the November 2, The final rules add new paragraph (f) with section 106.6(f) when allocating 2004 general election. To provide an to 11 CFR 106.6 to address payments for public communications and voter drive orderly phase-in of the new rules and voter drives that refer to clearly activities, but must comply with 11 CFR transition from one election cycle to the identified Federal or non-Federal 106.1 for allocation of any other next election cycle, the Commission is candidates, as described in new 11 CFR expenditures made on behalf of more establishing January 1, 2005 as the 106.6(b)(2)(i) and (ii), and public than one clearly identified Federal effective date for all amendments and communications that refer to clearly candidate. additions to 11 CFR parts 100, 102, 104 identified Federal or non-Federal The final rules are simpler than the and 106. This effective date allows candidates, with or without a reference approach taken in Advisory Opinion affected political committees to ‘‘close to a political party, as described in new 2003–37 and proposed in the NPRM at out’’ the 2003–2004 election cycle by 11 CFR 106.6(b)(2)(iii) and (iv). The proposed 11 CFR 106.6(f) and (g). These making final adjustments to their final rules also direct SSFs and required a combined application of the section 106.6(c) ratios and any final nonconnected committees to use the time/space allocation method under 11 transfers of money between Federal, time/space allocation method for voter CFR 106.1 and the funds expended non-Federal, and allocation accounts. It drives and public communications that method under former 11 CFR 106.6 for also provides sufficient time for all refer to at least one clearly identified public communications that refer to a those affected to make whatever internal Federal candidate and to at least one party and to specific Federal candidates. changes necessary to comply with the clearly identified non-Federal Advisory Opinion 2003–37 is hereby new rules. candidate, without regard to any superseded. The candidate-driven references to a political party. Other Proposals The Commission views voter drives 3 Because section 106.6 of the Commission’s The NPRM proposed several and public communications that refer to regulations applies only to separate segregated additional new and revised rules, a political party and either Federal or funds and non-connected committees, the final including changes to the definitions of rules do not apply to the activities of other types non-Federal candidates, but not both, as of political committees, including state and local ‘‘political committee’’ and ‘‘candidate-driven.’’ The Federal or non- party committees, which are subject to separate ‘‘expenditure.’’ Other than the Final Federal nature of the political party allocation rules. See 11 CFR 300.30 to 300.33 Rules that follow, the Commission is not reference is determined by whether the (establishing allocation rules for state and local promulgating any of the proposed rules. party committees). clearly identified candidates in the 4 The Commission notes that State law may also The NPRM also raised many issues in communication are Federal or non- govern communications referring to non-Federal the narrative describing the proposed Federal. Thus, voter drives and public candidates. rules. The Commission cautions that no
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inferences should be made as to the with the structure Congress established investigations into the private internal Commission’s position on any of the in BCRA. workings of an organization. Another issues that are not discussed in this Many commenters questioned commenter feared that any definition of document or on any of the proposed whether new rules were necessary or ‘‘political committee’’ potentially rules that are not adopted as final rules. appropriate at this time and suggested encompassing nonprofit organizations Discussed below are some of the that Buckley’s ‘‘major purpose’’ would force them to choose between proposals from the NPRM that the language might be better addressed by accepting foundation funds or corporate Commission did not adopt. As noted Congress or the Supreme Court. A joint donations and advocating ballot above, the Commission received many comment from hundreds of 501(c) questions as a part of the organization’s comments on the NPRM. The comments organizations contended that the overall activity. related to proposed rules that the Commission has not obtained access to In addition, arguments were made Commission did not adopt are not the types of comprehensive reports that that the Commission would be in a specifically described and addressed in Congress has at its disposal, and the better position to address the issue of this document. Commission is therefore poorly political committee status after positioned at this time to assess monitoring the behavior of various Proposed 11 CFR 100.5—Political properly the operations of the variety of organizations during at least one Committee (2 U.S.C. 431(4), (5), (6)) organizations that might be affected by election cycle following the enactment Under current law, any committee, new regulations. of BCRA. A number of commenters club, association, or other group of Some observed that Congress did not asserted that it would be improper for persons that receives contributions address political committee status in the Commission to add a new ‘‘major aggregating in excess of $1,000 or which BCRA even though Congress appeared purpose’’ test without sufficient data makes expenditures aggregating in to be fully aware that some groups were demonstrating the existence of excess of $1,000 during a calendar year operating outside FECA’s registration corruption or the appearance of is a political committee. See 2 U.S.C. and reporting requirements as well as its corruption to justify the new 431(4)(A); 11 CFR 100.5(a). Nearly three limitations and prohibitions. These regulations. decades ago, the Supreme Court commenters found it significant that After evaluating these comments, the narrowed the Act’s references to Congress had recently focused on 527 Commission considered two separate ‘‘political committee’’ in order to organizations in 2000 and 2002 when it draft Final Rule approaches that would prevent their ‘‘reach [to] groups engaged added and revised IRS-based reporting have revised the definition of ‘‘political purely in issue discussion.’’ Buckley v. requirements for many of these committee.’’ Each of these approaches Valeo, 424 U.S. 1, 79 (1976). The Court organizations. According to the incorporated modified portions of the concluded that ‘‘[t]o fulfill the purpose commenters, Congress consciously did rules proposed in the NPRM. Each of the Act [the words ‘‘political not require 527 organizations to register approach included a ‘‘major purpose’’ committee’] need only encompass with the Commission as political test, but the tests were different in organizations that are under the control committees. purpose and operation. See draft 11 CFR of a candidate or the major purpose of There were additional concerns raised 100.5(a), Agenda Document 04–75, at which is the nomination or election of about the constitutional and practical 37–41, and draft 11 CFR 100.5(a), a candidate.’’ Id. issues relating to the ‘‘major purpose’’ Agenda Document 04–75–A, at 2–3 The NPRM proposed four alternatives test. Some commenters noted that the (Aug. 19, 2004 meeting). for revisions to the definition of a ‘‘major purpose’’ test is not a statutory The draft Final Rules in Agenda ‘‘political committee’’ in 11 CFR trigger for political committee status, Document 04–75 would have 100.5(a). NPRM at 11743–49 and 11756– but rather a court-created protection to incorporated one construction of the 57. The proposed alternatives differed avoid over-reach of the triggers for Buckley test into the definition of mainly in whether, and if so, how, the political committee status actually ‘‘political committee’’ in 11 CFR definition of ‘‘political committee’’ contained in the FECA. Many 100.5(a) by requiring an organization to should include a test to determine an commenters argued that a ‘‘major have ‘‘as its major purpose the organization’s ‘‘major purpose.’’ purpose’’ test would chill nomination or election of one or more The Commission received tens of constitutionally protected speech, some candidates for Federal office.’’ See draft thousands of comments addressing expressing the view that the boundaries 11 CFR 100.5(a)(1)(ii) of Agenda these proposals and the various of the test would be inherently vague Document 04–75 (emphasis added); see individual components of the proposed and thus force organizations to curtail also Buckley, 424 U.S. at 79. Draft ‘‘major purpose’’ tests. Many permissible activities. Other paragraph (a)(2) presented three ways in commenters supported the idea of commenters expressed concern about which any organization could have incorporating a major purpose test into the practical difficulties they perceived satisfied that test: (1) By publicly the definition of ‘‘political committee’’ in implementing a test intended to declaring that the purpose of the group and offered a variety of alternatives for ascertain a group’s ‘‘purpose.’’ For is to influence Federal elections; (2) by what the test should be. In contrast, instance, a number of commenters spending more than 50% of its funds on many other commenters opposed all of similarly expressed concern that the certain specified activities; or (3) by the proposals set forth in the NPRM and ‘‘major purpose’’ test set out in the receiving more than 50% of its funding expressed concerns about the potential NPRM might unfairly categorize through ‘‘contributions,’’ as defined in 2 impact of the proposed rules on non- organizations as political committees U.S.C. 431(8) and 11 CFR Part 100, electoral speech. Several provisions in based on a few statements or Subpart B. These draft Final Rules BCRA, such as those barring the use of organizational documents where those would have also established an corporate funds for electioneering statements and documents might not additional test whereby 527 communications but permitting the use accurately convey the actual purpose of organizations could satisfy the ‘‘major of unlimited individual funds for that the organization. Other commenters also purpose’’ test through the application of purpose, were cited for the proposition asserted that the Commission’s a broader 50% disbursements test. that an overly broad rule defining determinations of an organization’s The other set of draft Final Rules that ‘‘political committee’’ would conflict purpose would often result in intrusive the Commission considered, but did not
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adopt, would have incorporated a Proposed 11 CFR 100.34, 100.115, clearly identified candidate for Federal different construction of Buckley’s 100.133, 100.149, 114.4—Voter Drive office or that PASO a political party, but major purpose test into the definition of Provisions only when made by a political ‘‘political committee’’ in 11 CFR The NPRM proposed to define a new committee or 527 organizations. See 100.5(a). This test would have focused term, ‘‘partisan voter drive,’’ in draft 11 CFR 100.116, Agenda on whether an organization’s major proposed 11 CFR 100.34, to revise the Document No. 04–75–A, at 4 (Aug. 19, purpose was the ‘‘election of one or exemption from the ‘‘expenditure’’ 2004 meeting). The second version of more Federal or non-Federal definition for nonpartisan voter drives this rule would have been limited to communications that PASO a clearly candidates.’’ See draft 11 CFR in proposed 11 CFR 100.133, and to identified candidate, but only when 100.5(a)(1)(ii) of Agenda Document 04– specify that the costs for partisan voter made by Federal political committees 75–A (emphasis added). Coupled with drives are ‘‘expenditures’’ in proposed and unregistered groups that meet 11 CFR 100.115. Corresponding changes the Commission rule allowing a Buckley’s ‘‘major purpose’’ test, which were also proposed for 11 CFR 100.149 political committee to report only its was the subject of another draft rule and 114.4. See NPRM at 11740–41, Federal activity, this was designed to discussed above. See draft 11 CFR 11757, and 11760. prevent groups from avoiding political 100.115, Agenda Document No. 04–75, In its consideration of Final Rules, the committee status altogether because a at 19–23 and 42 (Aug. 19, 2004 Commission considered a different majority of the campaign activity is non- meeting). Federal. The major purpose test would version of these rules. Under this The Commission did not adopt a rule have been satisfied in one of two ways. proposal, draft 11 CFR 100.115 would addressing this subject. Without the Under draft 11 CFR 100.5(a)(2), an have specified that costs for certain ‘‘major purpose’’ rules, the rules Federal election activities would have organization described in section 527 of addressing PASO communications been ‘‘expenditures’’ when incurred by the Internal Revenue Code (a ‘‘527 could not have been adopted in the political committees or a 527 organization’’) would have satisfied the forms considered by the Commission. organization. See draft 11 CFR 100.115, ‘‘major purpose’’ test just by virtue of its Agenda Document No. 04–75–A, at 4 Proposed 11 CFR 100.155—Allocated having registered with the Internal (Aug. 19, 2004 meeting). The exemption Amounts Revenue Service under 26 U.S.C. 527, from the ‘‘expenditure’’ definition for The NPRM proposed a new regulation unless covered by one of five nonpartisan voter drives also would that would have specifically stated that enumerated exceptions. All other have been revised to state that voter when costs are properly allocable organizations would have been subject drives that PASO a Federal candidate, a between a Federal account and a non- to the previously existing standards for non-Federal candidate, or a political Federal account, the costs that must be determining their major purpose. See party can not be considered paid by a Federal account are draft 11 CFR 100.5(a)(4) of Agenda ‘‘nonpartisan’’ exempt voter drives. See ‘‘expenditures’’ under FECA, and the Document 04–75–A. draft 11 CFR 100.133, Agenda costs that may and in fact are paid by The comments raise valid concerns Document No. 04–75–A, at 4–5 (Aug. a non-Federal account are not that lead the Commission to conclude 19, 2004 meeting). The Commission ‘‘expenditures’’ under FECA. The that incorporating a ‘‘major purpose’’ rejected a motion to approve draft 11 proposed regulation was linked to test into the definition of ‘‘political CFR 100.115 and revisions to current 11 proposed 11 CFR 100.115 and 100.116 committee’’ may be inadvisable. Thus, CFR 100.133. The Commission regarding PASO communications and determined that the changes and the Commission has decided not to voter drives. See NPRM at 11757. The additions to the allocation rules in 11 adopt any of the foregoing proposals to Commission considered a version of this CFR 106.6 related to voter drives that regulation that was broader than the revise the definition of ‘‘political are described above sufficiently address version in the NPRM, in that it would committee.’’ As a number of these issues at this time, and therefore have extended this principle to any non- commenters noted, the proposed rules the new and revised voter drive rules in Federal funds disbursed pursuant to might have affected hundreds or proposed sections 100.34, 100.115, allocation rules at 11 CFR 106.1, 106.6, thousands of groups engaged in non- 100.133, 100.149, and 114.4 are not 106.7, or 300.33. See draft 11 CFR profit activity in ways that were both needed. 100.155, Agenda Document No. 04–75– far-reaching and difficult to predict, and A, at 5 (Aug. 19, 2004 meeting). For the would have entailed a degree of Proposed 11 CFR 100.116—Certain Public Communications reasons that the Commission did not regulation that Congress did not elect to adopt draft 11 CFR 100.115 and 100.116 undertake itself when it increased the FECA defines ‘‘expenditure’’ to in Agenda Document No. 04–75–A, it reporting obligations of 527 groups in include a payment for a communication also did not adopt draft 11 CFR 100.155. 2000 and 2002 and when it substantially that is ‘‘made * * * for the purpose of Proposed 11 CFR Part 102, Subpart A— transformed campaign finance laws influencing any election for Federal Conversion Rules through BCRA. Furthermore, no change office.’’ 2 U.S.C. 431(9)(A)(i). The NPRM through regulation of the definition of proposed to include in the definition of The NPRM included proposed rules ‘‘political committee’’ is mandated by ‘‘expenditure’’ payments for to address how organizations that BCRA or the Supreme Court’s decision communications that PASO any become political committees after in McConnell. The ‘‘major purpose’’ test candidate for Federal office or that operating for some time as non-political is a judicial construct that limits the promote or oppose any political party. committee organizations would reach of the statutory triggers in FECA See proposed 11 CFR 100.116, NPRM at demonstrate that they used Federally 11741–42 and 11757. permissible funds to pay for for political committee status. The In its consideration of Final Rules, the expenditures made before becoming Commission has been applying this Commission considered and rejected political committees. The proposed construct for many years without two different versions of this rule. One rules would have included a new additional regulatory definitions, and it version of this rule would have applied subpart A in 11 CFR part 102. See will continue to do so in the future. to public communications that PASO a NPRM at 11749–53, 11757–59. The
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proposed rules would have required a communications that seek funds ‘‘for PART 100—SCOPE AND DEFINITIONS new political committee to convert the purpose of influencing Federal (2 U.S.C. 431) funds received during the two years elections,’’ and includes a limited prior to the time the organization exception for communications that refer ■ 1. The authority citation for part 100 became a political committee into to a non-Federal candidate, and a continues to read as follows: Federal funds in an amount equal to the complete exception for joint fundraising Authority: 2 U.S.C. 431, 434, and 438(a)(8). amount of its expenditures during the efforts between or among authorized same time period. To do so, the new committees of Federal and non-Federal ■ 2. Section 100.57 is added to subpart political committee would have been candidates. Therefore, any economic B to read as follows: required to contact recent donors, make impact on Federal and non-Federal certain disclosures, and seek the donors’ § 100.57 Funds received in response to candidate committees, some of which solicitations. consent to use the funds for the purpose might qualify as small entities, is not of influencing Federal elections. See significant. (a) Treatment as contributions. A gift, NPRM at 11757–59. subscription, loan, advance, or deposit The Commission received numerous The final rules also revise the of money or anything of value made by comments in response to these proposed Commission’s rules regarding the any person in response to any changes. Although one commenter allocation of certain disbursements communication is a contribution to the supported the proposed rules, most between a political committee’s Federal person making the communication if the commenters who addressed this topic account and non-Federal account. Thus, communication indicates that any expressed broad opposition to the these revisions affect only some portion of the funds received will be proposals. Several commenters political committees. As discussed in used to support or oppose the election especially disagreed with the proposed the Explanation and Justification for of a clearly identified Federal candidate. rules that would have required political revised 11 CFR 106.6(c), a review of the (b) Certain allocable solicitations. If committees to look back at past activity past ten years of public disclosure the costs of a solicitation described in and repay debts of Federal money for reports filed with the FEC revealed that paragraph (a) of this section are activities completed up to two years few current political committees allocable under 11 CFR 106.1, 106.6 or before the organizations became allocate their administrative expenses 106.7 (consistent with 11 CFR political committees. Some commenters and generic voter drives under former 300.33(c)(3)) as a direct cost of also opposed the specific two-step 11 CFR 106.6, and among those political fundraising, the funds received in conversion process in the proposed committees, many already use 50% or response to the solicitation shall be rules, including the requirement to more as their Federal allocation ratio. contributions as follows: contact and obtain permission from past Although the new section 106.6(f) (1) If the solicitation does not refer to donors and the 60-day deadline for requires Federal funds be used for any clearly identified non-Federal converting funds to Federal funds. certain public communications and candidates, but does refer to a political In response to these comments and voter drive activities by political party, in addition to the clearly the Commission’s further consideration committees, the final rule does not limit identified Federal candidate described of the issued raised by the proposed the overall amount of money that in paragraph (a) of this section, one rules, the Commission has decided not political committees may raise and hundred percent (100%) of the total to promulgate final rules establishing spend on such activity. Consequently, funds received are contributions. subpart A of 11 CFR part 102. the final rules’ changes are unlikely to (2) If the solicitation refers to one or Certification of No Effect Pursuant to 5 have a significant economic impact on more clearly identified non-Federal U.S.C. 605(b) (Regulatory Flexibility substantial number of small entities. candidates, in addition to the clearly Act) List of Subjects identified Federal candidate described The Commission certifies that the in paragraph (a) of this section, at least final rules do not have a significant 11 CFR Part 100 fifty percent (50%) of the total funds economic impact on a substantial Elections. received are contributions, whether or number of small entities. not the solicitation refers to a political The final rules amend the 11 CFR Part 102 party. Commission’s definition of (c) Joint fundraisers. Joint fundraising ‘‘contribution’’ to include funds Political committees and parties, conducted under 11 CFR 102.17 shall received in response to certain Reporting and recordkeeping comply with the requirements of communications that are not expressly requirements. paragraphs (a) and (b) of this section included in the Commission’s prior 11 CFR Part 104 except that joint fundraising between or definition of ‘‘contribution.’’ For among authorized committees of political committees, whether a receipt Campaign funds, Political committees Federal candidates and campaign qualifies as a ‘‘contribution’’ determines and parties, Reporting and organizations of non-Federal candidates whether it is subject to amount recordkeeping requirements. is not subject to paragraph (a) or (b) of limitations and source prohibitions for this section. Federal funds imposed by FECA. For 11 CFR Part 106 organizations that are not political Campaign funds, Political committees PART 102—REGISTRATION, committees, whether a receipt is a and parties, Reporting and ORGANIZATION AND ‘‘contribution’’ may affect whether the recordkeeping requirements. RECORDKEEPING BY POLITICAL organization is a political committee. COMMITEES (2 U.S.C. 433) New section 100.57 does not, however, ■ For the reasons set out in the preamble, limit the overall amount of money that the Federal Election Commission ■ 3. The authority citation for part 102 may be raised or spent on electoral amends subchapter A of chapter 1 of title continues to read as follows: activity. The rule in new section 100.57 11 of the Code of Federal Regulations as Authority: 2 U.S.C. 432, 433, 434(a)(11), is carefully tailored to reach follows: 438(a)(8), 441d.
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■ 4. Section 102.5 is amended by § 104.10 Reporting by separate segregated connection with Federal and non- revising paragraph (a)(1)(i) to read as funds and nonconnected committees of Federal elections shall allocate expenses follows: expenses allocated among candidates and for the following categories of activity in activities. accordance with paragraphs (c) or (d) of § 102.5 Organizations financing political * * * * * this section: activity in connection with Federal and non- (b) Expenses allocated among (i) Administrative expenses including Federal elections, other than through activities. A political committee that is rent, utilities, office supplies, and transfers and joint fundraisers: Accounts a separate segregated fund or a salaries not attributable to a clearly and Accounting. nonconnected committee and that has identified candidate, except that for a (a) * * * established separate Federal and non- separate segregated fund such expenses Federal accounts under 11 CFR (1) * * * may be paid instead by its connected 102.5(a)(1)(i) shall allocate between organization; (i) Establish a separate Federal those accounts its administrative (ii) The direct costs of a fundraising account in a depository in accordance expenses and its costs for fundraising, program or event including with 11 CFR part 103. Such account generic voter drives, and certain public disbursements for solicitation of funds shall be treated as a separate Federal communications according to 11 CFR and for planning and administration of political committee that must comply 106.6, and shall report those allocations actual fundraising events, where Federal with the requirements of the Act according to paragraphs (b)(1) through and non-Federal funds are collected including the registration and reporting (5) of this section, as follows: through such program or event, except requirements of 11 CFR parts 102 and (1) Reporting of allocation of that for a separate segregated fund such 104. Only funds subject to the administrative expenses and costs of expenses may be paid instead by its prohibitions and limitations of the Act generic voter drives and public connected organization; shall be deposited in such separate communications that refer to any (iii) Generic voter drives including political party. In each report disclosing Federal account. See 11 CFR 103.3. All voter identification, voter registration, a disbursement for administrative disbursements, contributions, and get-out-the-vote drives, or any other expenses, generic voter drives, or public expenditures, and transfers by the activities that urge the general public to communications that refer to any register, vote or support candidates of a committee in connection with any political party, but do not refer to any particular party or associated with a Federal election shall be made from its clearly identified candidates, as particular issue, without mentioning a Federal account, except as otherwise described in 11 CFR 106.6(b)(1)(i), specific candidate; and permitted for State, district and local (b)(1)(iii) and (b)(1)(iv), as applicable, (iv) Public communications that refer party committees by 11 CFR part 300 the committee shall state the allocation to a political party, but do not refer to and paragraph (a)(5) of this section. No ratio to be applied to each category of any clearly identified Federal or non- transfers may be made to such Federal activity according to 11 CFR 106.6(c). Federal candidate; account from any other account(s) * * * * * (2) Costs not subject to allocation. maintained by such organization for the Separate segregated funds and purpose of financing activity in PART 106—ALLOCATIONS OF nonconnected committees that make connection with non-Federal elections, CANDIDATE AND COMMITTEE disbursements for the following except as provided by 11 CFR 300.33, ACTIVITIES categories of activity shall pay for those 300.34, 106.6(c), 106.6(f), and 106.7(f). activities in accordance with paragraph ■ Administrative expenses for political 7. The authority citation for part 106 (f) of this section: committees other than party committees continues to read as follows: (i) Voter drives, including voter shall be allocated pursuant to 11 CFR Authority: 2 U.S.C. 438(a)(8), 441a(b), identification, voter registration, and 106.6(c) between such Federal account 441a(g). get-out-the-vote drives, in which the printed materials or scripted messages and any other account maintained by ■ 8. Section 106.6 is amended by: refer to, or the written instructions such committee for the purpose for ■ a. Removing the words ‘‘(c) and (d)’’ direct the separate segregated fund’s or financing activity in connection with from paragraph (a) and adding in their nonconnected committee’s employee or non-Federal elections. Administrative place the words ‘‘(c), (d), and (f)’’; volunteer to refer to: ■ b. Removing the words ‘‘or (b)(1)(i)’’ expenses for State, district, and local (A) One or more clearly identified from paragraphs (a) and (e) introductory party committees are subject to 11 CFR Federal candidates, but do not refer to text; 106.7 and 11 CFR part 300; or any clearly identified non-Federal ■ c. Removing the citation * * * * * candidates; or ‘‘102.5(b)(1)(ii)’’ from paragraph (a) and (B) One or more clearly identified PART 104—REPORTS BY POLITICAL adding in its place the citation Federal candidates and also refer to COMMITTEES AND OTHER PERSONS ‘‘102.5(a)(1)(ii)’’; and candidates of a particular party or ■ d. Revising paragraphs (b) and (c) and (2 U.S.C. 434) associated with a particular issue, but adding paragraph (f) to read as follows: do not refer to any clearly identified ■ 5. The authority citation for part 104 § 106.6 Allocation of expenses between non-Federal candidates; continues to read as follows: federal and non-federal activities by (ii) Voter drives, including voter separate segregated funds and identification, voter registration, and Authority: 2 U.S.C. 431(1), 431(8), 431(9), nonconnected committees. get-out-the-vote drives, in which the 432(i), 434, 438(a)(8) and (b), 439a, 441a, and * * * * * printed materials or scripted messages 36 U.S.C. 510. (b) Payments for administrative refer to, or the written instructions expenses, voter drives and certain direct the separate segregated fund’s or ■ 6. Section 104.10 is amended by public communications. nonconnected committee’s employee or revising the introductory text in (1) Costs to be allocated. Separate volunteer to refer to: paragraph (b) and paragraph (b)(1) to segregated funds and nonconnected (A) One or more clearly identified read as follows: committees that make disbursements in non-Federal candidates, but do not refer
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to any clearly identified Federal described in paragraph (b)(2)(iv) of this invoice process. Two quarterly certified candidates; or section; and statement invoices will comprise the (B) One or more clearly identified (ii) Voter drives described in semiannual certified statement and non-Federal candidates and also refer to paragraph (b)(2)(ii) of this section. reflect the semiannual assessment candidates of a particular party or (3) Notwithstanding 11 CFR amount. If an insured institution agrees associated with a particular issue, but 106.1(a)(i), public communications and with its quarterly certified statement do not refer to any clearly identified voter drives that refer to one or more invoice, it will simply pay the assessed Federal candidates; clearly identified Federal candidates amount and retain the invoice in its (iii) Public communications that refer and one or more clearly identified non- own files. If it disagrees with the to one or more clearly identified Federal Federal candidates, regardless of quarterly certified statement invoice, it candidates, regardless of whether there whether there is a reference to a will either amend its report of condition is reference to a political party, but do political party, including those that are or similar report (to correct data errors) not refer to any clearly identified non- expenditures, independent expenditures or amend its quarterly certified Federal candidates; and or in-kind contributions, shall be statement invoice (to correct calculation (iv) Public communications that refer allocated as follows: errors). The FDIC will automatically to a political party, and refer to one or (i) Public communications and voter treat either as the insured institution’s more clearly identified non-Federal drives, other than phone banks, shall be request for revision of its assessment candidates, but do not refer to any allocated based on the proportion of computation, eliminating the clearly identified Federal candidates. space or time devoted to each clearly requirement of a separate filing. In (c) Method for allocating identified Federal candidate as addition, the FDIC will provide e-mail administrative expenses, costs of compared to the total space or time notification each quarter to let generic voter drives, and certain public devoted to all clearly identified depository institutions know when their communications. Nonconnected candidates, or quarterly certified statement invoices committees and separate segregated (ii) Public communications and voter are available on FDICconnect. An funds shall pay their administrative drives that are conducted through institution that lacks Internet access will expenses, costs of generic voter drives, phone banks shall be allocated based on be able request from the FDIC a one-year and costs of public communications that the number of questions or statements renewable exemption from the use of refer to any political party, as described devoted to each clearly identified FDICconnect, during which it will in paragraphs (b)(1)(i), (b)(1)(iii) or Federal candidate as compared to the continue to receive quarterly certified (b)(1)(iv) of this section, with at least 50 total number of questions or statements statement invoices by mail. With these percent Federal funds, as defined in 11 devoted to all clearly identified amendments, the time and effort CFR 300.2(g). candidates. required to comply with the certified * * * * * Dated: November 18, 2004. statement process will be reduced, a (f) Payments for public Bradley A. Smith, result of the FDIC’s ongoing program communications and voter drives that Chairman, Federal Election Commission. under the Economic Growth and Regulatory Paperwork Reduction Act refer to one or more clearly identified [FR Doc. 04–25946 Filed 11–22–04; 8:45 am] (EGRPRA) to provide regulatory burden Federal or non-Federal candidates. BILLING CODE 6715–01–P Nonconnected committees and separate relief to insured depository institutions. segregated funds shall pay for the costs DATES: This final rule will become effective on March 1, 2005. of all public communications that refer FEDERAL DEPOSIT INSURANCE to one or more clearly identified CORPORATION FOR FURTHER INFORMATION CONTACT: candidates, and voter drives that refer to Steve Wagoner, Senior Assessment one or more clearly identified 12 CFR Part 327 Specialist, Division of Finance, (202) candidates, as described in paragraphs 416–7152; Linda A. Abood, Supervisory (b)(2)(i) and (b)(2)(ii) of this section, as RIN 3064–AC84 IT Specialist, Division of Information follows: Deposit Insurance Assessments— Resources Management, (703) 516–1202; (1) The following shall be paid 100 Certified Statements or Christopher Bellotto, Counsel, Legal percent from the Federal account of the Division, (202) 898–3801, Federal nonconnected committee or separate AGENCY: Federal Deposit Insurance Deposit Insurance Corporation, 550 17th segregated fund: Corporation. Street, NW., Washington, DC 20429. (i) Public communications that refer ACTION: Final rule. SUPPLEMENTARY INFORMATION: to one or more clearly identified Federal candidates, regardless of whether there SUMMARY: The Federal Deposit I. Background is reference to a political party, but do Insurance Corporation (FDIC) is On June 8, 2004, the FDIC published not refer to any clearly identified non- modernizing and simplifying its deposit in the Federal Register, for a 60-day Federal candidates, as described in insurance assessment regulations comment period, a notice of proposed paragraph (b)(2)(iii) of this section; and governing certified statements, to rulemaking with request for comment (ii) Voter drives described in provide regulatory burden relief to on the proposed amendments to section paragraph (b)(2)(i) of this section. insured depository institutions. Under 327.2, the certified statement regulation. (2) The following may be paid 100 the final rule, insured institutions will (69 FR 31922). The comment period percent from the non-Federal account of obtain their certified statements on the closed on August 9, 2004. The FDIC the nonconnected committee or separate Internet via the FDIC’s transaction-based received 22 comment letters, one from segregated fund: e-business Web site, FDICconnect. a trade organization (Independent (i) Public communications that refer Correct certified statements will no Community Bankers of America) and 21 to a political party and one or more longer be signed by insured institutions from depository institutions. Seventeen clearly identified non-Federal or returned to the FDIC, and the of the commenters generally supported candidates, but do not refer to any semiannual certified statement process the proposal and the remaining five clearly identified Federal candidates, as will be synchronized with the quarterly generally opposed, although in varying
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degrees. Eleven commenters addressed the certified statement and calculating The invoice and the certified the question of e-mail notice, all of them each institution’s deposit insurance statement differ in two essential favoring the courtesy notification assessment. The information used by respects. The invoice contains the data, suggested by the FDIC. An alternative the FDIC in completing certified assessment computation, and amount form of delivery for institutions without statements is derived from institutions’ due for the first installment of the Internet access was requested by four Call Reports/TFRs, and is stored by the semiannual period only. The certified commenters. The following is a FDIC electronically. Because the June statement, however, contains more than discussion of the amendments to section and December Call Report/TFR data was just the data, assessment computation, 327.2 and the comments received. not available electronically until after and amount due for the second Under section 7(c) of the Federal the next semiannual payment date,1 the installment of the semiannual period. It Deposit Insurance Act (FDI Act or Act) FDIC instituted the practice of collecting also restates the first installment (12 U.S.C. 1817(c)) insured depository semiannual assessments in two information and combines the two sets institutions are required to file a quarterly installments to facilitate FDIC of information into a semiannual certified statement with the FDIC for preparation of assessment forms for presentation. In addition, the second each semiannual deposit insurance insured institutions. installment invoice—the certified assessment period, containing such Accordingly, since 1995, the statement—contains a signature block. information as the FDIC ‘‘may require semiannual assessment has been Institutions are required to sign and for determining the institution’s collected in two quarterly installments; return the certified statement to the semiannual assessment.’’ 12 U.S.C. the sum of these installments equals an FDIC, while the first installment invoice 1817(c)(1)(A). The FDI Act also provides institution’s semiannual assessment. was subject to neither requirement. that the certified statement ‘‘shall * * * Each quarterly installment is based on Under the present process, if an be in such form and set forth such deposit data contained in one of the two institution agrees with the information supporting information as the Board of quarterly Call Reports/TFRs submitted on the first installment invoice, it takes Directors shall prescribe * * *’’ 12 by the institution during the previous no action other than to fund the U.S.C. 1817(c)(1)(B)(i). In this way, the semiannual period. Under section designated assessment account Act vests in the FDIC discretion to 7(a)(3) of the FDI Act (12 U.S.C. sufficiently to allow the direct debit of prescribe the information contained in, 1817(a)(3)), reports of condition must the account. At most institutions, an as well as the form of, semiannual contain a declaration by an officer of the officer reviews the first installment certified statements. As a result of the institution, and a signed attestation by invoice before authorizing payment by FDIC’s exercise of this discretion over a two other institution officers, that the comparing the deposit data on the period of years, the certified statement information set forth is true and correct. invoice to the amounts reported by the process has evolved in response to The FDIC computes the amount of institution on its corresponding Call advances in collection procedures and each quarterly installment by retrieving Report/TAR, reconciling any data processing technology. the relevant electronic data from the adjustments from prior assessment Prior to 1995, the FDIC mailed a blank Call Report/TFR for each institution. periods as noted on the back of the certified statement form to every Under the present system, the FDIC invoice, verifying the rate multiplier insured depository institution every sends each insured institution an used and the ACH account information, semiannual period. Each institution was invoice for the first semiannual and spot checking mathematical required to transcribe manually on this installment, and, three months later, a calculations. If the institution disagrees form the deposit data culled from its certified statement for the second with the information on the first two prior Call Reports/Thrift Financial installment. The invoice and the installment invoice, the institution is Reports (TFRs) and to calculate its certified statement 2 are each mailed required by regulation (12 CFR assessment payment. The assessment about two weeks prior to the actual 327.3(h)), to file a request for revision of was paid for the entire semiannual collection of each respective its assessment computation if it wished period one month after the beginning of installment.3 to change its assessment payment, the semiannual period (i.e., January 31 which in practice was usually done to and July 31). An officer of the 1 The June 30 Call Report/TFR data is not obtain a refund. institution was required to certify the available electronically until after the July 31 If an institution agrees with the accuracy of that information by signing payment date; similarly, the December 31 Call Report/TFR data is not available electronically until second installment invoice (the certified the form, which was then returned to after the January 31 payment date. statement), in addition to ensuring that the FDIC along with the institution’s 2 The ‘‘invoice’’ is the first quarterly installment the designated account is adequately check for the assessment amount. Under sent each semiannual period; the ‘‘certified funded and payment is authorized, an statement’’ is the invoice for the second quarterly this system almost all of the certified officer of the institution is required to statements were returned to the FDIC installment. 3 Collection has been and will continue to be certify the accuracy of the statement and each semiannual period, but about 10 accomplished via Automated Clearing House (ACH) return it to the FDIC. Generally, this percent of the certified statements direct debit of the account designated by the process involves checking the restated received contained mistakes, due in part institution for that purpose. Like the invoice and first invoice data again, as well as to simple transpositions of figures and certified statement (which were mailed about two weeks prior to the ACH payment/settlement date), checking the data for the second half of mathematical errors that required quarterly certified statement invoices will be made the semiannual period. The institution correction and revision. available on FDICconnect approximately two weeks has to return its certified statement The FDIC revised the process for prior to the ACH payment/settlement date. The FDIC also collects Financing Corporation (FICO) (usually by mail) signed by an officer, collecting deposit insurance not later than the second quarterly assessments—adopting the system of assessments pursuant to the same statutory requirements that govern FDIC deposit insurance payment date of the semiannual period quarterly payments in 1994 and assessments. The FICO rate is based on the deposit (i.e., certified statements must be implementing it in March of 1995. 59 data reflected on the invoice and certified returned by March 30 for the January– FR 67153 (Dec. 29, 1994). As part of this statements. Under the final rule, the FICO rate will be based on the deposit data reflected on the two changeover to the automated invoicing quarterly certified statement invoices made will continue to pay the original amount due; any and collection system, the FDIC available each semiannual period. To ensure timely appropriate adjustments, plus interest, will be part assumed responsibility for ‘‘filling out’’ collection of adequate funds for FICO, institutions of a subsequent quarterly assessment collection.
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June semiannual period and by invoices are required under section FDICconnect access to quarterly September 30 for the July–December 327.3(h) to file a separate request for certified statement invoices was semiannual period).4 If the institution revision of that payment with the FDIC expressly supported by a majority (12) disagrees with the certified statement, within 60 days from the date of the of the commenters. One bank stated its the institution has to annotate changes quarterly assessment invoice. The desire to ‘‘eliminate as many paper on the statement, certify by signing, and request for revision sets in motion the processes as possible.’’ Another return the form to the FDIC. As with the process of FDIC review of the validity of appreciated ‘‘the regulatory effort under first installment, the institution is also the certified statement amendment, the the Economic Recovery and Regulatory required under section 327.3(h) to file a accuracy of the corresponding Paperwork Reduction Act (EGRPRA) to request for revision of its assessment assessment payment, and the potential reduce our filing and compliance computation if it wishes to change its for a refund or additional charges based burdens.’’ A third pronounced Internet assessment payment, which in practice on the FDIC’s determination. access to quarterly certified statement is usually done to obtain a refund. Finally, the return of certified invoices ‘‘an excellent move.’’ Others Under the automated invoicing and statements to the FDIC was important expressed ‘‘favor’’ for the proposal, saw collection system, over a period of when institutions themselves filled out ‘‘no problem’’ with it, agreed in years, the certified statement has the certified statement and computed principle with the FDIC’s goal, and were evolved from a semiannual form used the assessment owed to the FDIC. Since ‘‘supportive’’ of the amendments. This by insured institutions to report their 1995, however, the information used to group of twelve commenters included deposit data and calculate their complete the certified statement is institutions of various sizes, plus the assessment payments, into a form drawn from Call Reports/TFRs Independent Community Bankers of designed to confirm the accuracy of previously attested to by officers of the America. information previously provided by the insured depository institutions and In addition, two other institutions institution (via Call Reports/TFRs) and stored electronically by the FDIC. In supported the amendments by the accuracy of the FDIC’s assessment effect, the information on the certified inference, asking for e-mail notification calculations based on that information. statements that institutions are required of the availability of the quarterly The existing certified statement to certify and return is already certified certified statement invoices on process imposes significant and and transmitted to the FDIC when the FDICconnect. A third did not have unnecessary burdens on insured Call Reports/TFRs are filed. Unlike the Internet access yet and inquired about institutions and the FDIC. The FDIC certified statement, however, alternative notice; a fourth favored the mails out over 9,000 first installment institutions are not required to return proposal albeit incorrectly describing invoices and an equal number of the completed Call Report/TFR FDICconnect as receipt of quarterly certified statements each semiannual signature and attestation page to the certified statement invoices ‘‘via e- period. Institution officials must review appropriate Federal banking agency. mail’’; and one other commenter and accept the first installment Instead, the attestation page is signed opposed downloading of the quarterly assessment calculation twice: once in and attached to the hard-copy record of certified statement invoices, for security reviewing the first installment invoice the completed Call Report/TFR, which reasons, but favored e-mailing them. and then a second time, when reviewing the institution retains in its own files. Overall, 17 of the 22 comment letters the certified statement. Institutions For these reasons, return of certified were generally supportive of the change return their certified statements to the statements to the FDIC has been to FDICconnect. FDIC, even if no discrepancies are identified under the FDIC’s ongoing Five of the comment letters expressed found, a process prone to recurrent EGRPRA program as an outdated, an overall negative opinion, but in errors. For example, some institutions redundant, and burdensome process, varying degrees. The five negative return the wrong form (the first both for the industry and for the FDIC. comments were based largely on installment invoice rather than the opposition to the requirement that II. The Final Rule certified statement), or the certified institutions retrieve their invoices statement is lost in transit. Further, the Under the final rule, the two quarterly electronically through FDICconnect. FDIC does not receive approximately assessment invoices issued during a However, none of these comments 1,000 certified statements each semiannual period will each be a opposed the concepts of quarterly semiannual period, necessitating component of the required semiannual certified statement invoices, eliminating significant follow-up efforts by FDIC certified statement. The two quarterly return of correct quarterly certified staff through letters and telephone calls, certified statement invoices combined statement invoices to the FDIC, or which in turn imposes significant will reflect an institution’s total treating amendments as automatic burdens on the insured institutions that assessment payment for each requests for review of the corresponding must respond. semiannual period, just as the invoice assessment payments. One commenter In addition, institutions filing and certified statement do now. The favored the prior system of mailed corrected certified statements or FDIC, however, will no longer mail out certified statements, arguing that it was paper copies of certified statement uncomplicated and required only a pen 4 An institution’s assessment for the first invoices to insured institutions. Instead, and a 37 cent stamp. Another objected semiannual period of each year (January 1 through insured institutions will access their that the FDIC should not ‘‘force’’ June 30) is calculated on the deposits reported on the previous September and December Call Report/ quarterly certified statement invoices institutions to access their own TFR. The first installment (due January 2) is based each quarter via the FDIC’s transaction- quarterly certified statement invoices on on the September deposits and the second based e-business website, FDICconnect. FDICconnect. A third observed: ‘‘It installment (due March 30) is based on the In addition, Notices of Assessment Risk would be just as efficient, if not more December deposits. The assessment for the second semiannual period (July 1 through December 31) is Classification, formerly mailed with the efficient, to e-mail the certification to a calculated on the deposits reported on the previous first quarterly invoice each semiannual bank’s president with a 2nd copy to be March and June Call Report/TFR. The first period (see 12 CFR 327.4(a)), will be e-mailed to the individual responsible installment (due June 30) is based on the March provided with the first quarterly for compiling the Call Reports.’’ Two deposits, and the second installment (due September 30) is based on the June Deposits. See certified statement invoice each commenters, however, based their 12 CFR 327.3. semiannual period on FDICconnect. opposition on the fear that institutions
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would forget to download the invoice quarterly certified statement invoices Community Bankers of America every quarter. One of these complained will be provided as PDF files, as one commented that ‘‘some banks may not that electronic retrieval ‘‘Makes it really commenter requested, a secure format have ready access to the Internet’’ and easy to overlook, the receiving of the less vulnerable to manipulation. urged the FDIC to offer an alternative assessment prompts us to reply.’’ The Eleven comment letters specifically delivery method for those banks, other urged that ‘‘Your proposal adds requested that the FDIC remind suggesting either fax or mail. The FDIC another level of burden on the banks by institutions each quarter to download recognizes that some institutions may way of them having one more thing they the invoices and pay the assessment not yet have Internet access. have to remember to do, without the amounts. Several of the comments Accordingly, the final rule includes a benefit of receiving a notice, statement supporting the amendments specifically process for institutions without Internet or bill.’’ The FDIC’s courtesy e-mail requested that the FDIC include a access to request a renewable exemption notification of quarterly certified notification element in the final rule. for up to one year, during which they statement invoice availability each One commenter (a small bank—assets will continue to receive their quarterly quarter may substantially relieve these less than $100 million) suggested that certified statement invoices through the two commenters’ concerns. ‘‘an e-mail be sent to [the] registered mail. Any quarterly certified statement The FDIC believes that the benefits of recipient for each bank. It should be invoice mailed to an insured institution Internet access to quarterly certified sent when the assessments are available will be treated in all respects as if it had statements inure to insured institutions on the FDICconnect site.’’ A medium- been downloaded from FDICconnect. and the FDIC. FDICconnect access to size thrift ($500 million assets) urged: Under this provision, exemptions may quarterly certified statement invoices is ‘‘e-mail notification is the first thing I be requested in writing from the Chief another step toward providing business thought of when I began reading the of the Assessments Section, FDIC processes between insured institutions proposed changes. Thus, I find the Division of Finance. and the FDIC electronically. With the considered e-mail notification desirable Once institutions have obtained their advent of electronic business practices, and would be most appreciative of such quarterly certified statement invoices the effort and expense inherent in a service.’’ Another commenter, a very via FDICconnect, return of those mailing out and returning over 9,000 large institution (assets greater than $10 statements to the FDIC—if the paper certified statement invoices each billion) said: ‘‘Notification would serve institution believes the invoice is quarter can be eliminated. Further, most as a reminder, making daily searches correct—will no longer be required. If insured institutions already have around notice time unnecessary. It an institution agrees with its quarterly Internet service and regard access to would also ensure timely payments of certified statement invoice, an officer of quarterly certified statements as another assessment amounts.’’ The Independent the institution will simply retain it in favorable step in the direction of Community Bankers of America also the institution’s files for the five-year increasing electronic business practices. advocated for e-mail notification: ‘‘Such record retention period established in As one bank noted ‘‘We have already email notification would ensure that the FDI Act. See 12 U.S.C. 1817(b)(5).7 researched FDICconnect and plan to banks do not neglect to check their Because the data used to complete the sign up.’’ A bank CFO was ‘‘pleased that certified statements online or overlook quarterly certified statement invoice has the FDIC continues to progress towards funding their account in a timely been previously attested to on the providing regulatory burden relief to manner for the FDIC’s direct debit.’’ institution’s Call Report/TFR, signing insured depository institutions under The FDIC agrees that it would be the quarterly certified statement invoice the EGRPRA. I believe that these beneficial to remind institutions to will no longer be required. Instead, the changes * * * will reduce time and retrieve their assessment invoices each institution will simply pay the effort by my institution and others quarter. The final rule states that the assessment indicated on the quarterly required to comply with the assessment FDIC will send e-mail notification to all certified statement invoice—by funding and certified statement process.’’ 5 individuals at insured institutions who its designated account and permitting Two of the commenters requested that have FDICconnect access to quarterly the FDIC’s direct debit—and the invoice quarterly certified statement invoices be certified statement invoices each quarter data will be deemed certified by the e-mailed to institutions rather than when the invoices are available to institution in conformity with both the downloaded from FDICconnect. The download (no less that 15 days prior to final rule and the FDI Act. FDIC, however, believes that the the ACH payment date). In addition, the If an institution disagrees with the security infrastructure built into final rule also provides that the FDIC Call Report/TFR data used to compute FDICconnect makes retrieval by insured may communicate with insured the assessment amount listed on a institutions superior to e-mailing institutions by e-mail regarding quarterly certified statement invoice, the invoices directly to institutions. For this quarterly certified statement invoices institution will simply amend its Call reason, the FDIC has determined that and other assessment-related matters as Report/TFR data (as it has in the past), FDICconnect is the better approach to well. return it to the FDIC, and the FDIC will electronic dissemination of insured Four commenters requested that the automatically treat the amendment as a institutions’ quarterly certified FDIC provide an alternative invoice request for revision of assessment 6 statement invoices. In addition, delivery method. One commenter computation under 12 CFR 327.3(h). indicated that it would be a burden for Similarly, if an institution disagrees 5 Accessing quarterly certified statement invoices institutions to get Internet access and with the calculation of the assessment via FDICconnect is consistent with the provisions maintain the hardware necessary to amount (with no change required to Call of the Government Paperwork Elimination Act, retrieve invoices electronically. Another under which agencies offer on-line alternatives to Report/TFR data), the institution will paper-based processes. commenter—a small thrift (assets less simply annotate the quarterly certified 6 Access to FDICconnect as provided under the than $100 million)—observed: ‘‘As we statement invoice with the correct final rule requires that each institution register an do not have internet access, we are information, certify its accuracy by employee (or employees) as FDICconnect concerned whether these proposals will Designated Coordinator(s). The Designated Coordinator(s) will then be able to access the include some sort of alternative method 7 The quarterly certified statement invoice will quarterly certified statement invoice or grant access to obtain our assessments and invoices.’’ also remain accessible on FDICconnect for that for that purpose to other individuals. In addition, the Independent same five-year period.
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signing, and return it to the FDIC within burden imposed by the certified economic impact on any insured the specified timeframe. The FDIC will statement process. Finally, the depository institution. automatically treat the amended invoice amendment will simplify and The final rule changes the manner in as a request for revision of assessment streamline the FDIC’s review process for which insured institutions file certified computation under section 327.3(h). In assessment payment changes; when an statements. Under the final rule, either case, no separately filed request amended quarterly certified statement institutions will access their quarterly for revision will be needed.8 In the invoice is returned to the FDIC, a certified statement invoices via the event of an assessment dispute, the separately filed request for revision of FDIC’s e-business Web site, FDIC can request from an insured assessment computation will not be FDICconnect, rather than by mail. No institution the quarterly certified required. significant burden is anticipated in this statement invoice retained in the requirement because the FDIC believes III. Effective Date institution’s files. that very few institutions do not already Under the final rule, quarterly The final rule will become effective have Internet access or cannot readily certified statement invoices from prior on March 1, 2005. Quarterly certified obtain it (the final rule provides for an semiannual periods will still be subject statement invoices for the quarter exemption for up to one year). Return of to change should an institution discover beginning April 1, 2005, will be correct invoices is eliminated. An errors and seek to amend its Call available on FDICconnect on or about insured institution reviews each Report/TFR. The FDIC considers such March 15, 2005. The delayed effective quarterly certified statement invoice requests for assessment changes for the date will allow time for insured only once, unlike the prior system. Only full five-year statute of limitations institutions that have not already quarterly certified statement invoices period for assessments. Institutions, registered with FDICconnect to do so. that the institution believes are not however, must in every case ensure that correct are returned to the FDIC, the debit to the institution’s designated IV. Paperwork Reduction Act amended to show corrections. The FDIC ACH account is adequately funded and This final rule results in a reduction will treat amended certified statement invoices as requests for review, authorized. in burden for a collection of information eliminating the need for institutions to The final rule provides several entitled ‘‘Certified Statement for Semi- make a separate filing under 12 CFR benefits to the industry and the FDIC. annual Deposit Insurance Assessment,’’ 327.3(h). The final rule requires that By accessing FDICconnect, institutions subject to the Paperwork Reduction Act institutions retain a copy of the will obtain their assessment invoice of 1995 (PRA), 44 U.S.C. 3501 et seq. No quarterly certified statement invoice for data more quickly, more reliably, and at person is required to respond to, nor their records, but no significant burden less cost to the FDIC. Lowered costs to shall any person be subject to a penalty is anticipated in this requirement the FDIC will ultimately benefit for a failure to comply with, a collection because insured institutions already financial institutions because the FDIC of information subject to the retain copies of their certified is funded by assessments from the requirements of the PRA, unless that statements and invoices. Access to industry. The official(s) delegated with collection of information displays a quarterly certified statement invoices the responsibility for an institution’s currently valid Office of Management via FDICconnect will be more secure FDIC assessments will retrieve quarterly and Budget (OMB) control number. The than the mail, will eliminate much certified statement invoices at his or her FDIC solicited public comment on the internal routing of statements within convenience 24 hours a day (allowing change in burden for the information institutions, will permit 24-hour access limited downtime for maintenance collection in accordance with 44 U.S.C. to quarterly certified statement invoices during off hours) without mail or 3506(c)(2)(B). No comments were (with minimal maintenance downtime), internal routing delays. Institutions may received. The FDIC also submitted the and will eliminate significant FDIC facilitate internal distribution by change in burden resulting from this tracking and processing. In short, the authorizing more than one person to final rule to OMB for review in final rule will reduce the regulatory access FDICconnect. Signing and accordance with 44 U.S.C. 3507(d). The burden on insured institutions. returning correct quarterly certified OMB has approved the change in statement invoices will be eliminated. burden to the collection of information VI. The Treasury and General Because each quarterly certified under control number 3064–0057. Government Appropriations Act, statement invoice is a component of the 1999—Assessment of Federal institution’s semiannual certified V. Regulatory Flexibility Act Regulations and Policies on Families statement, the payment and certification Pursuant to 5 U.S.C. 605(b) the FDIC The FDIC has determined that the processes become synchronized, and the certifies that the final rule will not have final rule will not affect family well- confusion caused by the prior a significant economic impact on a being within the meaning of section 654 requirement that institutions return substantial number of small businesses of the Treasury and General every other invoice will be eliminated. within the meaning of the Regulatory Government Appropriations Act, In addition, insured institutions’ officers Flexibility Act (5 U.S.C. 601 et seq.). enacted as part of the Omnibus will benefit from fewer steps in their The final rule affects all insured Consolidated and Emergency review process. Under the prior system, depository institutions (there are Supplemental Appropriations Act of institutions were required to review approximately 9,700 at present). Of the 1999 (Public Law 105–277, 112 Stat. their first invoice data twice—once on total number of insured institutions, 2681). the first invoice and again when it was approximately 60% are small business reiterated on the certified statement. entities (assets of $150 million or less). VII. Plain Language Requirement This needless repetition will be The final rule slightly reduces the Section 722 of the Gramm-Leach- eliminated, reducing the regulatory regulatory burden (from an estimated 30 Bliley Act (GLBA), 15 U.S.C. 6801 et minutes per response to an estimated 20 seq., requires banking agencies to use 8 The requirements for filing a request for review of an institution’s assessment risk classification minutes per response) imposed by the plain language in all proposed and final under 12 CFR 327.4(d) are unaffected by this certified statement process, and rules published after January 1, 2000. change. therefore does not have a significant The proposed rule requested comments
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on how the rule might be changed to statement invoices via FDICconnect, (1) Amend its Report of Condition, or reflect the requirements of GLBA. No unless the FDIC provides notice to other similar report, to correct any data GLBA comments were received. insured depository institutions of a believed to be inaccurate on the successor system. In the event of a VIII. Small Business Regulatory quarterly certified statement invoice; contingency, the FDIC may employ an Enforcement Fairness Act amendments to such reports timely filed alternative means of delivering the under section 7(g) of the Federal Deposit The Office of Management and Budget quarterly certified statement invoices. A Insurance Act but not permitted to be has determined that the final rule is not quarterly certified statement invoice made by an institution’s primary a ‘‘major rule’’ within the meaning of delivered by any alternative means will Federal regulator may be filed with the the relevant sections of the Small be treated as if it had been downloaded FDIC for consideration in determining Business Regulatory Enforcement from FDICconnect. deposit insurance assessments; or Fairness Act of 1996 (SBREFA) (5 U.S.C. (3) Institutions that do not have 801 et seq.). As required by SBREFA, Internet access may request a renewable (2) Amend and sign its quarterly the FDIC will file the appropriate one-year exemption from the certified statement invoice to correct a reports with Congress and the General requirement that quarterly certified calculation believed to be inaccurate Accounting Office so that the final rule statement invoices be accessed through and return it to the FDIC by the may be reviewed. FDICconnect. Any exemption request quarterly payment date for that invoice as specified in § 327.3(c) and (d). List of Subjects in 12 CFR Part 327 must be submitted in writing to the Chief of the Assessments Section. (f) Certification. Data used by the Assessments, Bank deposit insurance, (4) Each quarter, the FDIC will Corporation to complete the quarterly Banks, Banking, Financing Corporation, provide courtesy e-mail notification to certified statement invoice has been Freedom of information, Hearing and insured depository institutions previously attested to by the institution appeal procedures, Record retention, indicating that new quarterly certified in its Reports of Condition, or other Reporting and record keeping statement invoices are available and requirements, Savings associations. similar reports, filed with the may be accessed on FDICconnect. E- institution’s primary Federal regulator. ■ For the reasons stated in the preamble, mail notification will be sent to all When an insured institution pays the the Board of Directors of the Federal individuals with FDICconnect access to amount shown on the quarterly certified Deposit Insurance Corporation hereby quarterly certified statement invoices. statement invoice and does not correct amends part 327 of Title 12 of the Code (5) E-mail notification may be used by that invoice as provided in paragraph (e) of Federal Regulations as follows: the FDIC to communicate with insured of this section, the information on that depository institutions regarding PART 327—ASSESSMENTS invoice shall be deemed true, correct, quarterly certified statement invoices complete, and certified for purposes of ■ 1. The authority citation for part 327 and other assessment-related matters. paragraph (a) of this section and section continues to read as follows: (c) Review by institution. The 7(c) of the Federal Deposit Insurance president of each insured depository Act. Authority: 12 U.S.C. 1441, 1441b, 1813, institution, or such other officer as the 1815, 1817–1819; Pub. L. 104–208, 110 Stat. (g) Requests for revision of assessment 3009–479 (12 U.S.C. 1821). institution’s president or board of directors or trustees may designate, computation. (1) The timely filing of an ■ 2. Section 327.2 of subpart A is revised shall review the information shown on amended Report of Condition or other to read as follows: each quarterly certified statement similar report, or an amended quarterly § 327.2 Certified statements. invoice. certified statement invoice, that will (a) Required. (1) Each insured (d) Retention by institution. If the result in a change to deposit insurance depository institution shall file and appropriate officer of the insured assessments owed or paid by an insured certify its semiannual certified depository institution agrees that to the depository institution shall be treated as statement in the manner and form set best of his or her knowledge and belief a timely filed request for revision of forth in this section. the information shown on the quarterly computation of quarterly assessment (2) The semiannual certified certified statement invoice is true, payment under § 327.3(h). statement shall be comprised of the two correct and complete and in accordance (2) The rate multiplier shown on the quarterly assessment invoices issued with the Federal Deposit Insurance Act quarterly certified statement invoice during each semiannual period as and the regulations issued under it, the shall be amended only if it is institution shall pay the amount prescribed in § 327.3(c) and (d). The two inconsistent with the assessment risk specified on the invoice and shall retain quarterly certified statement invoices classification assigned to the institution the quarterly certified statement invoice combined shall reflect the institution’s in writing by the Corporation for the in the institution’s files for five years as semiannual assessment base, assessment current semiannual period pursuant to computation, and semiannual specified in section 7(b)(5) of the Federal Deposit Insurance Act. § 327.4(a). Agreement with the rate assessment amount. multiplier shall not be deemed to (3) Any rule applicable to the certified (e) Amendment by institution. If the constitute agreement with the statement shall apply to each quarterly appropriate officer of the insured assessment risk classification assigned. certified statement invoice. depository institution determines that to (b) Availability and access. (1) The the best of his or her knowledge and By order of the Board of Directors. Corporation shall make available to each belief the information shown on the Dated in Washington, DC, this 15th day of insured depository institution via the quarterly certified statement invoice is November, 2004. FDIC’s e-business website FDICconnect not true, correct and complete and in Federal Deposit Insurance Corporation. two quarterly certified statement accordance with the Federal Deposit Robert E. Feldman, invoices during each semiannual Insurance Act and the regulations period. issued under it, the institution shall pay Executive Secretary. (2) Insured depository institutions the amount specified on the invoice, [FR Doc. 04–25804 Filed 11–22–04; 8:45 am] shall access their quarterly certified and may: BILLING CODE 6714–01–P
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DEPARTMENT OF TRANSPORTATION The FAA has determined that this date and time will thereafter be continuously regulation only involves an established published in the Airport/Facility Directory. Federal Aviation Administration body of technical regulations for which * * * * * frequent and routine amendments are Issued in Los Angeles, California, on 14 CFR Part 71 necessary to keep them operationally November 8, 2004. current. Therefore, this regulation: (1) Is [Docket FAA 2003–16805; Airspace Docket Leonard A. Mobley, 03–ANM–22] not a ‘‘significant regulatory action’’ Acting Area Director, Terminal Operations, under Executive Order 12866; (2) is not Western Service Area. Establish Class D Airspace; Provo, UT a ‘‘significant rule’’ under DOT [FR Doc. 04–25883 Filed 11–22–04; 8:45 am] Regulatory Policies and Procedures (44 BILLING CODE 4910–13–M AGENCY: Federal Aviation FR 11034; February 26, 1979); and (3) Administration (FAA), DOT. does not warrant preparation of a ACTION: Final rule. regulatory evaluation as the anticipated DEPARTMENT OF TRANSPORTATION impact is so minimal. Since this is a SUMMARY: This rule will establish Class routine matter that will only affect air Federal Aviation Administration D airspace at Provo, UT. An Airport traffic procedures and air navigation, it Traffic Control Tower (ATCT) is under is certified that this rule, when 14 CFR Part 71 construction at Provo Municipal promulgated, will not have a significant Airport, Provo, UT, which will meet economic impact on a substantial [Docket FAA 2003–16567; Airspace Docket 03–ANM–14] criteria for Class D airspace. A Class D number of small entities under the surface area is necessary when the criteria of the Regulatory Flexibility Act. Revision of Class E Airspace; ATCT is open. Sunriver, OR EFFECTIVE DATE: 0901 UTC, January 20, List of Subjects in 14 CFR Part 71 2005. Airspace, Incorporation by reference AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Navigation (air) Administration (FAA), DOT. Debra Trindle, Federal Aviation ACTION: Final rule. Administration, Western Terminal Adoption of the Amendment Operations, 15000 Aviation Boulevard, SUMMARY: This final rule will revise ■ Lawndale, CA 90261; telephone (310) In consideration of the foregoing, the Class E airspace at Sunriver, OR. A new 725–6613. Federal Aviation Administration Area Navigation (RNAV) Global Position amends 14 CFR Part 71 as follows: System (GPS) Standard Instrument SUPPLEMENTARY INFORMATION: Approach Procedure (SIAP) at Sunriver History PART 71—DESIGNATION OF CLASS A, airport, Sunriver, OR, makes it CLASS B, CLASS C, CLASS D, AND necessary to increase the Class E On June 28, 2004, the FAA proposed CLASS E AIRSPACE AREAS; ROUTES; airspace. This additional controlled to amend Title 14 Code of Federal AND REPORTING POINTS. airspace extending upward from 700 Regulations part 71 (CFR part 71) to feet or more above the surface of the establish Class D airspace at Provo, UT, ■ 1. The authority citation for 14 CFR earth is necessary for the containment (69 FR 36030). An Airport Traffic part 71 continues to read as follows: and safety of Instrument Flight Rules Control Tower (ATCT) is under Authority: 49 U.S.C. 106(g), 40103, 40113, (IFR) aircraft transitioning to/from the construction at Provo Municipal 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– en route environment and executing this Airport, Provo, UT, which will meet 1963 Comp., p. 389. SIAP procedure. criteria for Class D airspace. The current Class E2 surface area airspace will be § 71.1 [Amended] EFFECTIVE DATE: 0901 UTC, January 20, revoked in a separate rulemaking action. 2005. The Class D airspace area will be ■ 2. The incorporation by reference in 14 FOR FURTHER INFORMATION CONTACT: Ed effective during periods that the ATCT CFR part 71.1 of the Federal Aviation Haeseker, Federal Aviation is open. Administration Order 7400.9M, Administration, Air Traffic Interested parties were invited to Airspace Designations and Reporting Organization, 1601 Lind Avenue SW., participate in this rule making Points, dated August 30, 2004, and Renton, WA, 98055–4056; telephone proceeding by submitting written effective September 16, 2004, is (425) 227–2527. comments on the proposal to the FAA. amended as follows: SUPPLEMENTARY INFORMATION: No comments were received. Class E Paragraph 5000 Class D Airspace area airspace designations are published in extending upward from the surface of the History paragraph 6005 of FAA Order 7400.9M earth. On October 21, 2003, the FAA dated August 30, 2004, and effective * * * * * proposed to amend Title 14 Code of September 16, 2004, which is Federal Regulations part 71 (CFR part incorporated by reference in 14 CFR ANM UT D Provo, UT [New] 71) to modify Class E airspace at part 71.1. The Class D airspace Provo Municipal Airport, UT Sunriver, OR, (69 FR 19317). A new ° ′ ″ ° ′ ″ designation listed in this document will (Lat. 40 13 09 N., long. 111 42 42 W.) RNAV GPS SIAP at Sunriver Airport, be published subsequently in that Spanish Fork-Springville, UT Sunriver, OR, makes it necessary to (Lat. 40°08′30″ N., long. 111°39′41″ W.) Order. increase the Class E airspace. This The Rule: This amendment to 14 CFR That airspace extending upward from the additional controlled airspace is part 71 establishes Class D airspace at surface to and including 7,000 feet MSL necessary for the containment and within a 4.3-mile radius of Provo Municipal Provo Municipal Airport, Provo, UT. An Airport, excluding that airspace within 2.4 safety of IFR aircraft transitioning to/ Airport Traffic Control Tower (ATCT) is mile radius of the Spanish Fork-Springville from the en route environment and under construction at Provo Municipal Airport. This Class D airspace is effective executing this SIAP procedure. Airport, Provo, UT, which will meet during specific dates and times established in Interested parties were invited to criteria for Class D airspace. advance by a Notice to Airmen. The effective participate in this rule making
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proceeding by submitting written Administration Order 7400.9M, FOR FURTHER INFORMATION CONTACT: Paul comments on the proposal to the FAA. Airspace Designations and Reporting Gallant, Airspace and Rules, Office of No comments were received. Class E Points, dated August 30, 2004, and System Operations and Safety, Federal airspace designations are published in effective September 16, 2004, is Aviation Administration, 800 paragraph 6005 of FAA Order 7400.9M amended as follows: Independence Avenue, SW., Washington, DC 20591; telephone (202) dated August 30, 2004, and effective Paragraph 6005 Class E Airspace area September 16, 2004, which is extending upward from 700 feet or more 267–8783. incorporated by reference in 14 CFR above the surface of the earth. SUPPLEMENTARY INFORMATION part 71.1. The Class E airspace * * * * * Background designations listed in this document will be published subsequently in that ANM OR E5 Sunriver, OR (Revised) On February 25, 2004, the airspace Order. Sunriver Airport, Sunriver, OR manager for the 45th Space Wing, Cape The Rule: This amendment to 14 CFR (Lat. 43°52′35″ N., long. 121°27′11″ W.) Canaveral AFS, FL, requested a change part 71 revises Class E airspace at Deschutes VORTAC to the using agency information for R– Sunriver Airport, Sunriver, OR. A new (Lat. 43°15′10″ N., long. 121°18′13″ W.) 2932, R–2933, R–2934, and R–2935 to RNAV GPS SIAP at Sunriver Airport That airspace extending upward from 700 reflect the current organizational makes it necessary to increase the Class feet above the surface of the earth within a structure. This action responds to this E airspace. This additional controlled 6.1 mile radius of the Sunriver Airport and request. airspace extending upward from 700 within 3.5 miles each side of the Deschutes VORTAC 196° radial extending from the 6.1 The Rule feet or more above the surface of the mile radius to 14 miles north of the airport The FAA is amending Title 14 Code earth is for the containment and safety excluding that airspace within Federal of IFR aircraft transitioning to/from the of Federal Regulations (14 CFR) part 73 Airways. (part 73) by modifying R–2932, R–2933, en route environment and executing this * * * * * SIAP procedure. R–2934, and R–2935, Cape Canaveral The FAA has determined that this Issued in Seattle, Washington, on AFS, FL. Specifically, this action regulation only involves an established November 8, 2004. changes the using agency name from body of technical regulations for which Raul C. Trevin˜ o, ‘‘U.S. Air Force, Eastern Space and frequent and routine amendments are Area Director, Western En Route and Oceanic Missile Center/RRS, Cape Canaveral necessary to keep them operationally Operations. AFS, FL,’’ to ‘‘Commander, 1st Range current. Therefore, this regulation: (1) Is [FR Doc. 04–25884 Filed 11–22–04; 8:45 am] Operations Squadron, Cape Canaveral not a ‘‘significant regulatory action’’ BILLING CODE 4910–13–M AFS, FL.’’ This action is an under Executive Order 12866; (2) is not administrative change to reflect the a ‘‘significant rule’’ under DOT current organization name of the using Regulatory Policies and Procedures (44 DEPARTMENT OF TRANSPORTATION agency. This action does not alter the FR 11034; February 26, 1979); and (3) boundaries, altitudes, time of Federal Aviation Administration does not warrant preparation of a designation, or activities conducted regulatory evaluation as the anticipated within the restricted areas. Therefore, 14 CFR Part 73 impact is so minimal. Since this is a notice and public procedure under 5 routine matter that will only affect air U.S.C. 553(b) are unnecessary. [Docket No. FAA–2004–19438; Airspace Section 73.29 of part 73 of the Federal traffic procedures and air navigation, it Docket No. 04–ASO–9] is certified that this rule, when Aviation Regulations was republished promulgated, will not have a significant RIN 2120–AA66 in FAA Order 7400.8L, dated October 7, economic impact on a substantial 2003. Amendment to Restricted Areas 2932, This regulation is limited to an number of small entities under the 2933, 2934, and 2935; Cape Canaveral, established body of technical criteria of the Regulatory Flexibility Act. FL regulations for which frequent and List of Subjects in 14 CFR Part 71 routine amendments are necessary to AGENCY: Federal Aviation keep them operationally current. Airspace, Incorporation by reference, Administration (FAA), DOT. Navigation (air) Therefore, this regulation: (1) Is not a ACTION: Final rule. ‘‘significant regulatory action’’ under Adoption of the Amendment Executive Order 12866; (2) is not a SUMMARY: This action modifies ■ In consideration of the foregoing, the ‘‘significant rule’’ under DOT Restricted Areas 2932, 2933, 2934, 2935 Regulatory Policies and Procedures (44 Federal Aviation Administration (R–2932, R–2933, R–2934, and R–2935), amends 14 CFR part 71 as follows: FR 11034; February 26, 1979); and (3) Cape Canaveral Air Force Station (AFS), does not warrant preparation of a FL. Specifically, this action changes the regulatory evaluation as the anticipated PART 71—DESIGNATION OF CLASS A, name of the using agency for these areas CLASS B, CLASS C, CLASS D, AND impact is so minimal. It has been from ‘‘U.S. Air Force, Eastern Space and determined that this is a routine matter CLASS E AIRSPACE AREAS; ROUTES; Missile Center/RRS, Cape Canaveral AND REPORTING POINTS. that will only affect air traffic AFS, FL,’’ to ‘‘Commander, 1st Range procedures and air navigation, it is ■ 1. The authority citation for 14 CFR Operations Squadron, Cape Canaveral certified that this rule, when part 71 continues to read as follows: AFS, FL.’’ This action is being taken to promulgated, will not have a significant reflect the current organizational Authority: 49 U.S.C. 106(g), 40103, 40113, economic impact on a substantial 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– structure at Cape Canaveral AFS, FL, number of small entities under the 1963 Comp., p. 389. but does not change the boundaries, criteria of the Regulatory Flexibility Act. altitudes, time of designation, or use of § 71.1 [Amended] the restricted areas. Environmental Review ■ 2. The incorporation by reference in 14 EFFECTIVE DATE: 0901 UTC, January 20, This action is a minor administrative CFR part 71.1 of the Federal Aviation 2004. change to update the using agency name
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for existing restricted areas. There are DEPARTMENT OF COMMERCE manner in which the writing is no changes to air traffic procedures or formatted) is the most important aspect routes as a result of this action. Bureau of Industry and Security of this requirement. For example, if a Therefore, the FAA determined that this licensee communicates the conditions action qualifies for a categorical 15 CFR Part 750 via a sales contract, then the sales exclusion from further environmental [Docket No. 041001275–4275–01] contract must specifically state that the analysis under the National conditions continue beyond any stated Environmental Policy Act in accordance RIN 0694–AD05 validity period of the contract. with FAA Order 1050.1E, Export licenses may include several Revision of Licensee’s Responsibility ‘‘Environmental Impacts: Policies and different types of conditions, including To Communicate License Conditions Procedures,’’ paragraph 311d. restrictions on end-use, requirements to keep records or submit reports, or List of Subjects in 14 CFR Part 73 AGENCY: Bureau of Industry and Security, Commerce. requirements to return certain items to the United States. Some licenses may be Airspace, Navigation (air). ACTION: Interim rule. subject to several conditions, each of Adoption of the Amendment SUMMARY: This interim rule revises the which may affect a different party to the Export Administration Regulations export transaction. Pursuant to the ■ In consideration of the foregoing, the (EAR) to require licensees to requirements set forth in this rule, the Federal Aviation Administration communicate in writing specific license licensee bears the responsibility of amends 14 CFR part 73, as follows: conditions to the parties to whom the ensuring that the terms and text of the license conditions apply. This rule also conditions are clearly conveyed to the PART 73—SPECIAL USE AIRSPACE makes a technical correction to the title appropriate involved parties. of part 750 of the EAR. In addition to the above provisions, ■ 1. The authority citation for part 73 this rule also makes a technical DATES: This rule is effective: December continues to read as follows: correction to the title of Part 750 of the 23, 2004. Authority: 49 U.S.C. 106(g), 40103, 40113, EAR. Currently, that part is entitled 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– FOR FURTHER INFORMATION CONTACT: ‘‘Application Processing, Issuance or 1963 Comp., p. 389. Jeffery Lynch, Regulatory Policy and Denial.’’ The ‘‘or and’’ in the title Division, Office of Exporter Services, is in reverse order. This rule changes the § 73.29 [Amended] Bureau of Industry and Security; e-mail: title to read ‘‘Application Processing, ■ 2. § 73.29 is amended as follows: [email protected]. Issuance and Denial.’’ SUPPLEMENTARY INFORMATION: * * * * * Although the Export Administration Background Act expired on August 20, 2001, R–2932 Cape Canaveral, FL [Amended] Executive Order 13222 of August 17, By removing the words ‘‘Using agency. In July 2000, BIS published a 2001 (3 CFR, 2001 Comp., p. 783 U.S. Air Force, Eastern Space and Missile regulation (65 FR 42565) that required (2002)), as extended by the Notice of Center/RRS, Cape Canaveral AFS, FL,’’ and the licensee to communicate specific August 6, 2004, 69 FR 48763 (August substituting ‘‘Using agency. Commander, 1st license conditions to applicable parties. 10, 2004) continues the EAR in effect Range Operations Squadron, Cape Canaveral The Export Administration Regulations under the International Emergency AFS, FL.’’ (EAR) state, in § 750.7(d), that ‘‘it is the Economic Powers Act. R–2933 Cape Canaveral, FL [Amended] licensee’s responsibility to Rulemaking Requirements By removing the words ‘‘Using agency. communicate the specific license U.S. Air Force, Eastern Space and Missile conditions to the parties to whom those 1. This interim rule has been Center/RRS, Cape Canaveral AFS, FL,’’ and conditions apply. In addition, when determined to be not significant for substituting ‘‘Using agency. Commander, 1st required by the license condition, the purposes of E.O. 12866. Range Operations Squadron, Cape Canaveral licensee is responsible for obtaining 2. Notwithstanding any other AFS, FL.’’ written acknowledgment(s) of receipt of provision of law, no person is required R–2934 Cape Canaveral, FL [Amended] the conditions from the party(ies) to to respond to, nor shall any person be whom those conditions apply.’’ subject to a penalty for failure to comply By removing the words ‘‘Using agency. The purpose of this rule is to ensure with a collection of information, subject U.S. Air Force, Eastern Space and Missile Center/RRS, Cape Canaveral AFS, FL,’’ and that license conditions are to the requirements of the Paperwork substituting ‘‘Using agency. Commander, 1st communicated to the parties to whom Reduction Act of 1995 (44 U.S.C. 3501 Range Operations Squadron, Cape Canaveral they apply, and to clarify the manner in et seq.) (PRA), unless that collection of AFS, FL.’’ which the conditions should be information displays a currently valid communicated. Such communication Office of Management and Budget R–2935 Cape Canaveral, FL [Amended] must be in writing (which includes (OMB) Control Number. This rule By removing the words ‘‘Using agency. recorded and retrievable media, such as involves a collection of information U.S. Air Force, Eastern Space and Missile e-mail). This revision is in accordance subject to the PRA. This collection has Center/RRS, Cape Canaveral AFS, FL,’’ and substituting ‘‘Using agency. Commander, 1st with the Government Accountability been approved by OMB under control Range Operations Squadron, Cape Canaveral Office’s (GAO) post-shipment number 0694–0122, ‘‘Multi-Purpose AFS, FL.’’ verification recommendations to the Application,’’ which carries a burden * * * * * Bureau of Industry and Security (BIS) hour estimate of 10 minutes for a (found in GAO–04–357). This revision manual or electronic submission. Send Issued in Washington, DC, on November will not increase the burden to the comments regarding these burden 16, 2004. public, as license conditions generally estimates or any other aspect of this Reginald C. Matthews, are typically communicated in writing, collection of information, including Manager, Airspace and Rules. (e.g., via e-mail or facsimile). suggestions for reducing the burden, to [FR Doc. 04–25882 Filed 11–22–04; 8:45 am] The written communication of the David Rostker, Office of Management BILLING CODE 4910–13–P text of license conditions (not the and Budget (OMB), by e-mail to
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[email protected], or by fax Authority: 50 U.S.C. app. 2401 et seq.; 50 Need for Correction to (202) 395–7285; and to the Office of U.S.C. 1701 et seq.; Sec 1503, Pub. L. 108– 11, 117 Stat. 559; E.O. 13026, 61 FR 58767, As published, TD 9130 contains errors Administration, Bureau of Industry and that may prove to be misleading and are Security, Department of Commerce, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; in need of clarification. 14th and Pennsylvania Avenue, NW., Presidential Determination 2003–23 of May Room 6883, Washington, DC 20230. 7, 2003, 68 FR 26459, May 16, 2003; Notice List of Subjects in 26 CFR Part 1 3. This rule does not contain policies of August 6, 2004, 69 FR 48763 (August 10, Income taxes, Reporting and with federalism implications as that 2004). recordkeeping requirements. term is defined under E.O. 13132. ■ 2. Revise the title of part 750 to read 4. The Department finds under 5 Correction of Publication as follows: ‘‘PART 750—APPLICATION U.S.C. 553(b)(B) that good cause exists PROCESSING, ISSUANCE, AND ■ Accordingly, 26 CFR part 1 is corrected to waive prior notice and opportunity DENIAL’’. by making the following correcting for public comment. This rule revises amendments: the EAR to require licensees to § 750.7 [Amended] communicate in writing specific license ■ 3. Revise the sixth sentence in PART 1—INCOME TAXES conditions to the parties to whom they § 750.7(d) to read as follows: ‘‘It is the ■ Paragraph 1. The authority citation for apply. By requiring such notice to be in licensee’s responsibility to communicate writing, BIS merely clarifies the form in part 1 continues to read in part as in writing the specific license follows: which the notice must be provided. The conditions.’’ previously existing EAR requirement to Authority: 26 U.S.C. 7805 * * * provide such notice is unchanged by Dated: November 16, 2004. this rule. Because this revision is not a Peter Lichtenbaum, § 1.401(a)(9)–6 [Corrected] Assistant Secretary for Export substantive change to the EAR, it is ■ 1. Section 1.401(a)(9)–6(c)(3) of A–2, in unnecessary to provide prior notice and Administration. [FR Doc. 04–25951 Filed 11–22–04; 8:45 am] the Example., fifth sentence, the opportunity for public comment. language, ‘‘In this case, Z is 30 years BILLING CODE 3510–33–P Therefore, this rule is being issued in older than Y and is commencing benefit interim form. 5 years before attaining age 70 so the Although there is no formal comment adjusted employee-beneficiary age period, public comments on this DEPARTMENT OF THE TREASURY difference is 25 years.’’ is removed and regulation are welcome on a continuing Internal Revenue Service the language ‘‘In this case, Z is 30 years basis. Comments should be submitted to older than Y and is commencing benefit Jeffrey Lynch, Regulatory Policy 26 CFR Part 1 4 years before attaining age 70 so the Division, Office of Exporter Services, adjusted employee-beneficiary age Bureau of Industry and Security, P.O. [TD 9130] difference is 26 years.’’ is added in its Box 273, Washington, DC 20044, e- place. mailed to: [email protected], or faxed RIN 1545–BA60 ■ 2. Section 1.401(a)(9)–6(c)(3) of A–2, in to (202) 482–3355. Required Distributions From the Example., sixth sentence, the The public record concerning this Retirement Plans; Correction language, ‘‘Under the table in paragraph regulation will be maintained in the (c)(2) of this A–2, the applicable Bureau of Industry and Security AGENCY: Internal Revenue Service (IRS), percentage for a 25-year adjusted Freedom of Information Records Treasury. employee/beneficiary age difference is Inspection Facility, Room 6881, ACTION: Correcting amendment. 66 percent.’’ is removed and the language Department of Commerce, 14th Street ‘‘Under the table in the paragraph (c)(2) and Pennsylvania Avenue, NW., SUMMARY: This document contains of this A–2, the applicable percentage for Washington, DC 20230. Records in this corrections to final regulations (TD a 26-year adjusted employee/beneficiary facility may be inspected and copied in 9130) which were published in the age difference is 64 percent.’’ is added in accordance with regulations published Federal Register on Tuesday, June 15, its place. in part 4 of Title 15 of the Code of 2004 (69 FR 33288). These final ■ 3. Section 1.401(a)(9)–6(c)(2) of A–12 Federal Regulations. Information about regulations relate to the required is amended by removing ‘‘A–14’’ and the inspection and copying of records at minimum distributions under section adding ‘‘A–12’’ in its place. the facility may be obtained from the 401(a)(9) for defined benefit plans and Bureau of Industry and Security annuity contracts providing benefits ■ 4. Section 1.401(a)(9)–6(d) Example 1. Freedom of Information Officer, at the under qualified plans, individual (vii) of A–13 is amended by removing the above address or by calling (202) 482– retirement plans, and section 403(b) language ‘‘under paragraph (c)(1)’’. 0500. contracts. ■ 5. Section 1.401(a)(9)–6(d) Example 3. (i) of A–13, is amended by adding a new List of Subjects for 15 CFR Part 750 DATES: This correction is effective June 15, 2004. second sentence ‘‘E was born in 1935.’’. Administrative practice and ■ FOR FURTHER INFORMATION CONTACT: 6. Section 1.401(a)(9)–6(f) Example 8. procedure, Exports, Reporting and (ii) of A–14, last sentence of the recordkeeping requirements. Cathy Vohs at (202) 622–6090 (not a toll-free number). paragraph the word ‘‘be’’ is removed. ■ Accordingly, part 750 of the Export Cynthia E. Grigsby, Administration Regulations (15 CFR SUPPLEMENTARY INFORMATION: parts 730–799) is amended as follows: Acting Chief, Publications and Regulations Background Branch, Legal Processing Division, Associate PART 750—[AMENDED] The final regulations (TD 9130) that Chief Counsel, (Procedures and are the subject of these corrections are Administration). ■ 1. The authority citation for 15 CFR under sections 401 and 403 of the [FR Doc. 04–25963 Filed 11–22–04; 8:45 am] part 750 is revised to read as follows: Internal Revenue Code. BILLING CODE 4830–01–P
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DEPARTMENT OF LABOR mining systems used in underground Because MSHA is only correcting coal mines. The final rule also included typographical errors in the formula and Mine Safety and Health Administration design approval requirements for high- these changes do not add any voltage equipment operated in longwall requirements necessitating additional 30 CFR Part 18 face areas of underground mines. These time for compliance, MSHA finds good provisions allow the use of high-voltage cause to make this action effective RIN 1219–AA75 longwall face equipment with enhanced immediately. Electric Motor-Driven Mine Equipment safety protection from fire, explosion, The final rule published on March 11, and Accessories and High-Voltage and shock hazards. 2002, contained information collection Longwall Equipment Standards for These technical corrections are to two provisions that require an OMB Control Underground Coal Mines typographical errors contained in the Number. OMB has approved the formula in paragraphs 18.53(o)(1)(i) and information collection requirements and AGENCY: Mine Safety and Health (ii) found at the top of page 11001 (67 assigned OMB Control Number 1219– Administration (MSHA), Labor. FR). The second closed parenthesis 0065 to the information collection ACTION: Final rule, corrections. should be placed after the (C) and not requirements of the final rule. This the (t) in the numerator of paragraphs notice does not change these SUMMARY: This document contains two (o)(1)(i) and (o)(1)(ii). Discussion of the requirements. These corrections contain technical corrections to the final rule formula requirements can be found in no additional information collection published in the Federal Register on the final rule for Electric Motor-Driven requirements. March 11, 2002 (67 FR 10972). The final Mine Equipment and Accessories and In addition, this action is not a rule mandated electrical safety High-Voltage Longwall Equipment ‘‘significant regulatory action’’ within standards for the installation, use, and Standards for Underground Coal Mines; the meaning of Executive Order 12866. maintenance of high-voltage longwall Final Rule (67 FR 10972, 10979). That Furthermore, this action is not a ‘‘major mining systems used in underground rule can be found on MSHA’s Web site rule’’ within the meaning of the Small coal mines. The final rule also included at: http://www.msha.gov/REGS/ Business Regulatory Enforcement Act, design approval requirements for high- FEDREG/FINAL/2002finl/02-4863.pdf. or an ‘‘unfunded mandate’’ within the voltage equipment operated in longwall Procedural Requirements meaning of Title II of the Unfunded face areas of underground mines. These Correcting these inadvertent errors in Mandates Reform Act of 1995. Finally, provisions allow the use of high-voltage the action will not have Federalism longwall face equipment with enhanced the final rule is not an action to which the procedural requirements of 5 U.S.C. implications within the meaning of safety protection from fire, explosion, Executive Order 13132, and a regulatory and shock hazards. The formula in 553, or the various statutes and executive orders relating to rulemaking, flexibility analysis is not required by the paragraph 18.53(o)(1) contained two Regulatory Flexibility Act. typographical errors. This document apply. However, if these corrections corrects those errors. were deemed a rule, 5 U.S.C. 553(b)(B) List of Subjects in 30 CFR Part 18 permits an agency to issue a final rule EFFECTIVE DATE: These corrections are without notice and comment procedures Electric Motor Driven Mine effective November 23, 2004. when it finds that notice and comment Equipment and Accessories. FOR FURTHER INFORMATION CONTACT: procedures would be impracticable, ■ For the reasons set out in the preamble, Marvin W. Nichols, Jr., Director, Office unnecessary, and contrary to the public chapter I of title 30 of the Code of Federal of Standards, Regulations, and interest. MSHA finds that providing Regulations is amended as follows: Variances, MSHA, 1100 Wilson notice and comment procedures on this Boulevard, Room 2350, Arlington, action is unnecessary and contrary to PART 18—ELECTRIC MOTOR DRIVEN Virginia 22209–3939. Mr. Nichols can the public interest. MSHA is merely MINE EQUIPMENT AND be reached at [email protected] correcting typographical errors to a ACCESSORIES (Internet E-mail), (202) 693–9440 formula. Without these corrections, the ■ (voice), or (202) 693–9441 (facsimile). 1. The authority citation for Part 18 formula is unusable as codified. Further, continues to read as follows: You may obtain copies of this correction the public was advised of MSHA’s notice in a large print format by calling intention regarding the formula in Authority: 30 U.S.C. 957 and 961. (202) 693–9440. The document also is paragraph 18.53(o)(1) in the preamble to ■ 2. Section 18.53 is amended by available on the Internet at http:// the final rule and this action does not revising the formulas in paragraphs www.msha.gov/REGSFINL.HTM. change that intention. Consequently, (o)(1)(i) and (o)(1)(ii) to read as follows: SUPPLEMENTARY INFORMATION: MSHA MSHA finds good cause not to provide published a final rule in the Federal notice and comment procedures for this § 18.53 High-voltage longwall mining Register on March 11, 2002 (67 FR action. systems. 10972) that mandated electrical safety In addition, 5 U.S.C. 553(d)(3) allows * * * * * standards for the installation, use, and an agency, upon a finding of good cause, (o) * * * maintenance of high-voltage longwall to make a rule effective immediately. (1)(i) Steel Wall/Cover:
− ()35 + 105 (C)) (I (t) d MFD =×2. 296 10 6 sc − ()C (d) 2
− ()35 + 105 (C)) (I (t) d MFD =×1. 032 10 5 sc − ()C (d) 2
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* * * * * Request for Comments This deviation from the operating Signed at Arlington, VA, this 17th day of We encourage you to participate in regulations is authorized under 33 CFR November 2004. this rulemaking by submitting 117.43. David D. Lauriski, comments or related material. If you do Dated: November 9, 2004. Assistant Secretary for Mine Safety and so, please include your name and John L. Grenier, Health. address, identify the docket number for Captain, U.S. Coast Guard, Acting [FR Doc. 04–25891 Filed 11–22–04; 8:45 am] this rulemaking (CGD01–04–144), Commander, First Coast Guard District. BILLING CODE 4510–43–P indicate the specific section of this [FR Doc. 04–25966 Filed 11–22–04; 8:45 am] document to which each comment BILLING CODE 4910–15–P applies, and give the reason for each comment. Please submit all comments DEPARTMENT OF HOMELAND and related material in an unbound DEPARTMENT OF HOMELAND SECURITY format, no larger than 81⁄2 by 11 inches, SECURITY Coast Guard suitable for copying. If you would like to know if they reached us, please Coast Guard 33 CFR Part 117 enclose a stamped, self-addressed postcard or envelope. We will consider 33 CFR Part 117 [CGD01–04–144] all comments and material received [CGD01–04–145] during the comment period. We may Drawbridge Operation Regulations: change this rule in view of them. Drawbridge Operation Regulations: Hackensack River, NJ FOR FURTHER INFORMATION CONTACT: Joe Newtown Creek, Dutch Kills, English Arca, Project Officer, First Coast Guard Kills, and Their Tributaries, NY AGENCY: Coast Guard, DHS. District, at (212) 668–7165. ACTION: Notice of temporary deviation AGENCY: Coast Guard, DHS. SUPPLEMENTARY INFORMATION: The from regulations and request for AMTRAK Portal Bridge has a vertical ACTION: Notice of temporary deviation comment. clearance in the closed position of 23 from regulations. SUMMARY: The Commander, First Coast feet at mean high water and 28 feet at SUMMARY: The Commander, First Coast Guard District, has issued a temporary mean low water. The existing Guard District, has issued a temporary deviation from the drawbridge operation drawbridge operation regulations are deviation from the drawbridge operation regulations to test an alternate listed at 33 CFR § 117.723(c). regulations for the Metropolitan Avenue drawbridge operation regulation for the The bridge owner, National Railroad Bridge, mile 3.4, across English Kills at AMTRAK Portal Bridge, mile 5.0, across Passenger Corporation (AMTRAK) New York City, New York. Under this the Hackensack River at Little Snake requested a temporary deviation from temporary deviation the bridge may Hill, New Jersey. Under this temporary the drawbridge operation regulations to remain closed from 6 a.m. to midnight 90-day deviation the two time periods test for a period of 90 days, an alternate on the following days: December 6 in the morning and afternoon, Monday drawbridge operation schedule. This through December 8; December 15 through Friday, when the bridge may temporary 90-day deviation will expand through December 17; and December 20 remain closed to vessel traffic, will be the two time periods in the morning and through December 22, 2004. The expanded. The purpose of this afternoon Monday through Friday when temporary deviation is necessary to temporary deviation is to test an the bridge may remain closed to vessel facilitate bridge maintenance. traffic. alternate drawbridge operation schedule DATES: Rail traffic during the morning and This deviation is effective from for 90 days and solicit comment from December 6, 2004 through December 22, the public. afternoon commuter periods have increased. Additionally, bridge 2004. DATES: This deviation is effective from openings during the two commuter time FOR FURTHER INFORMATION CONTACT: Judy December 13, 2004 through March 12, periods have caused delays to rail traffic Leung-Yee, Project Officer, First Coast 2005. Comments must reach the Coast prompting the bridge owner to request Guard District, at (212) 668–7195. Guard on or before April 12, 2005. the expansion of the bridge closure SUPPLEMENTARY INFORMATION: The ADDRESSES: You may mail comments to periods during week days. Metropolitan Avenue Bridge has a Commander (obr), First Coast Guard The existing drawbridge operation vertical clearance in the closed position District Bridge Branch, One South regulations allow the bridge to remain of 10 feet at mean high water and 15 feet Street, Battery Park Building, New York, closed to vessel traffic, Monday through at mean low water. The existing New York, 10004, or deliver them to the Friday, from 7:20 a.m. to 9:20 a.m. and drawbridge operation regulations are same address between 7 a.m. and 3 from 4:30 p.m. to 6:50 p.m., daily. listed at 33 CFR 117.801(e). p.m., Monday through Friday, except, Under this 90-day temporary The owner of the bridge, New York Federal holidays. The telephone number deviation, effective from December 13, City Department of Transportation is (212) 668–7165. The First Coast 2004 through March 12, 2005, the (NYCDOT), requested a temporary Guard District, Bridge Branch, AMTRAK Portal Bridge need not open deviation from the drawbridge operation maintains the public docket for this for vessel traffic, Monday through regulations to facilitate rehabilitation rulemaking. Comments and material Friday, from 6 a.m. to 10 a.m. and from repairs at the bridge. The bridge must received from the public, as well as 4 p.m. to 8 p.m., daily. remain in the closed position to perform documents indicated in this preamble as Additional bridge openings shall be these repairs. being available in the docket, will provided for commercial vessels from 6 Under this temporary deviation the become part of this docket and will be a.m. to 7:20 a.m., from 9:20 a.m. to 10 NYCDOT Metropolitan Avenue Bridge available for inspection or copying at a.m., from 4 p.m. to 4:30 p.m. and from may remain in the closed position from the First Coast Guard District, Bridge 6:50 p.m. to 8 p.m., if at least a one-hour 6 a.m. through midnight on the Branch, 7 a.m. to 3 p.m., Monday advance notice is given by calling the following days: December 6 through through Friday, except Federal holidays. number posted at the bridge. December 8; December 15 through
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December 17; and December 20 through rulemaking (NPR) for the emission reductions, and we intend to December 22, 2004. Commonwealth of Pennsylvania. The address this issue in evaluating the This deviation from the operating NPR proposed approval of a amount of VOC emission reduction regulations is authorized under 33 CFR Pennsylvania regulation pertaining to credit attributable to the rule. 117.35, and will be performed with all the control of VOC from AIM coatings. II. Public Comments and EPA due speed in order to return the bridge The formal SIP revision was submitted Responses to normal operation as soon as possible. by the Pennsylvania Department of A. Comment: Request for Dated: November 9, 2004. Environmental Protection (PADEP) on Clarification—One commenter, the John L. Grenier, December 3, 2003. The specific requirements of Pennsylvania’s SIP Department of the Navy on behalf of the Captain, U.S. Coast Guard, Acting Department of Defense (DOD), Commander, First Coast Guard District. revision for AIM coatings and the rationale for EPA’s proposed action are compliments PADEP and EPA for their [FR Doc. 04–25965 Filed 11–22–04; 8:45 am] explained in the NPR and will not be effort to ensure that Pennsylvania BILLING CODE 4910–15–P restated here. On April 12, 2004, EPA attains and maintains compliance with received timely comments from two the National Ambient Air Quality parties on the March 11, 2004 NPR. Standards (NAAQS). The DOD requests ENVIRONMENTAL PROTECTION Some of the timely comments were clarification of the Applicability AGENCY adverse to EPA’s March 11, 2004 subsection of Pennsylvania’s rule (citing proposed rulemaking. EPA also received to 25 Pa. Code subsection 130.601). The 40 CFR Part 52 late comments from one party. While DOD states that in response to the [PA211–4231; FRL–7835–4] EPA is not obligated to consider late difficulty military installations have had comments, EPA has elected to do so in with managing hazardous materials, the Approval and Promulgation of Air this instance. A summary of the military services adopted and Quality Implementation Plans, comments submitted and EPA’s implemented an innovative approach to Pennsylvania; Control of Volatile responses are provided in Section II of managing hazardous materials, Organic Compound Emissions From this document. including AIM coatings that are used in AIM Coatings On October 19, 2004, the PADEP the military installations. The DOD submitted a supplement to its December explains that this approach establishes a AGENCY: Environmental Protection 3, 2003 SIP revision. The supplement single point of control and Agency (EPA). includes a nonsubstantive correction accountability over the purchase, ACTION: Final rule. notice published in the Pennsylvania receipt and distribution of hazardous SUMMARY: EPA is approving a State Bulletin, 33 Pa. B. 5618 (November 15, materials to the various organizations Implementation Plan (SIP) revision 2003) which corrects numbering and around a military installation. This submitted by the Commonwealth of typographical errors that appeared at 33 ‘‘single point of control’’ receives, Pennsylvania. This revision pertains to Pa. B. 5297 (October 25, 2003) in the approves, and processes all requests for the control of volatile organic adoption of Chapter 130, Subchapter C. hazardous materials submitted by the compounds (VOC) emissions from (relating to architectural and various organizations on an installation. architectural and industrial maintenance coatings). The subsections The DOD goes on to state that once the materials are ordered, purchased and maintenance (AIM) coatings. EPA is in Subchapter C. Architectural and obtained by this ‘‘single point of approving this SIP revision in Industrial Maintenance Coatings have control,’’ this unit ‘‘supplies’’ the accordance with the Clean Air Act (CAA been corrected to number as subsections various organizations with requested or the Act). 130.601—130.611. The supplement also includes the codified version of the amounts of particular hazardous EFFECTIVE DATE: This final rule is Pennsylvania AIM coating regulation, material for use. The DOD requests that effective on December 23, 2004. 25 Pa. Code, Subchapter C. Subsections a definition be added to Pennsylvania’s ADDRESSES: Copies of the documents 130.601–130.611, effective October 25, regulation that would state that the term relevant to this action are available for 2003. ‘‘Supply’’ or ‘‘Supplied’’ does not public inspection during normal EPA is aware that concerns have been include internal transactions within a business hours at the Air Protection raised about the achievability of VOC business or government entity, and that Division, U.S. Environmental Protection content limits of some of the product the term only applies to transactions Agency, Region III, 1650 Arch Street, categories under the Pennsylvania AIM between manufacturers/commercial Philadelphia, Pennsylvania 19103; the coatings rule. EPA understands that distributors that sell, or otherwise Air and Radiation Docket and under the Commonwealth’s rule these provide AIM coating products to Information Center, U.S. Environmental concerns may be addressed through a businesses/governmental entities/ Protection Agency, 1301 Constitution variance process, which we support, individuals. Alternatively, the DOD Avenue, NW., Room B108, Washington, that may result in changes to the limits requests that either PADEP provide a DC 20460; and Pennsylvania for certain categories. Although we are written reply clarifying whether the Department of Environmental approving this rule today, the Agency is terms ‘‘supply or ‘‘supplied’’ apply to Protection, Bureau of Air Quality, P.O. concerned that if the rule’s limits make ‘‘the single point of contact’’ at military Box 8468, 400 Market Street, Harrisburg, it impossible for manufacturers to installations, or that EPA clarify this Pennsylvania 17105. produce coatings that are desirable to issue in its response to comments. FOR FURTHER INFORMATION CONTACT: Rose consumers, there is a possibility that Response: Throughout its comments Quinto, (215) 814–2182, or by e-mail at users may misuse the products by to EPA, the DOD refers to the [email protected]. adding additional solvent, thereby Pennsylvania AIM coatings rule as a SUPPLEMENTARY INFORMATION: circumventing the rule’s intended VOC proposed regulation. In fact, this AIM emission reductions. We intend to work coatings regulation has been fully I. Background with the Commonwealth and adopted by the Commonwealth of On March 11, 2004 (69 FR 11580), manufacturers to explore ways to ensure Pennsylvania (see 33 Pa. B. 5297, EPA published a notice of proposed that the rule achieves the intended VOC October 25, 2003, 33 Pa. B. 5618,
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November 15, 2003 and 25 Pa. Code does hereby clarify that it does not Further, the commenters assert that if Subsections 130.601–130.611) and was interpret 130.603 (d) and (e) to require better data were used, the OTC model submitted to EPA for approval as the person who solicits and applies to AIM coatings rule would achieve greater revision to the Pennsylvania SIP on keep records ‘‘to prove that every time VOC emissions reductions, relative to December 3, 2003. EPA’s March 11, a coating is used, it is not thinned the Federal AIM coatings rule, than was 2004 NPR proposed approval of beyond allowable limits.’’ Rather each calculated in the Pechan Study (51 Pennsylvania’s request that its fully manufacturer is to comply with percent reduction versus 31 percent adopted AIM coatings regulation be subsection 130.604(a)(2) Thinning reduction), even if certain source made part of the SIP. EPA can only take Recommendations, and indicate on the categories were omitted from regulation action on a SIP revision as it is label or lid its recommendations under the OTC rule. For these reasons, submitted by a state, and cannot, regarding thinning of the coating or the commenters state that EPA must not through its rulemaking action, alter the specify that the coating is to be applied approve the proposed Pennsylvania state’s submission. EPA, however, does without thinning. So long as the person AIM coatings rule as a revision to the hereby clarify that it interprets that the who solicits and applies coatings (or SIP.1 ‘‘single point of control’’ system that the end user) does so in accordance with Response: EPA disagrees with this military services have developed to the VOC limits found in Table 1 of comment. What the commenters manage hazardous materials does not Pennsylvania’s AIM coatings rule, that characterize as the Pechan Study is not subject military installations to the rule person would be in compliance. at issue in this rulemaking. The Pechan in as much as they do not sell, offer for C. Comment: Container Labeling Study was not submitted to EPA by the sale or manufacture architectural Requirements—In its final comment, the Commonwealth in support of its AIM coating products. The DOD does have DOD states that while manufacturers of coatings rule. Further, even if the the obligation under section 130.601 of any architectural coatings are required Pechan Study had been submitted by the rule to ensure that the products a to display certain information, such as the Commonwealth the validity of that person ‘‘applies or solicits’’ meet the VOC content, on the container, they are data would not be at issue because, at requirements of the rule. not required to identify the applicable this time, Pennsylvania is not asking for B. Comment: Paperwork coating category on the container. The approval of any quantified amount of Requirements for End Users—The DOD DOD comments that for easy verification VOC emission reduction from the comments that a few scattered of VOC compliance by the user, 25 Pa. enactment of its regulation. Rather, this references to the ‘‘end user’’ in Code subsection 130.604 should be regulation has been submitted by the Pennsylvania’s AIM coatings rule amended to require the coating category Commonwealth, and is being subject the end user of AIM coatings to be listed next to VOC content. considered by EPA, on the basis that it additional reporting and monitoring Response: For the purposes satisfying strengthens the existing Pennsylvania requirements (e.g., prove that every time the requirements for approval as a SIP SIP. The commenters do not dispute a coating is used, it is not thinned revision, EPA has determined that the that the Pennsylvania AIM coatings rule beyond allowable limits). The DOD goes container labeling requirements found will, in fact, reduce VOC emissions. on to state that as it is DOD’s practice at section 130.604 of Pennsylvania’s Section 110 of the Act provides the to use coatings as specified by the AIM coatings rule are adequate. statutory framework for approval/ manufacturer, as an end user it will be D. Comment: The Pennsylvania AIM disapproval of SIP revisions. Under the subjected to additional burdensome Coatings Rule is Based on Flawed Act, EPA establishes NAAQS for certain paperwork requirements without any Data—Additional comments on EPA’s pollutants. The Act establishes a joint demonstrable reductions in VOC March 11, 2004 NPR proposing approval Federal and state program to control air emissions. The DOD, therefore request of Pennsylvania’s AIM coatings rule pollution and to protect public health. that 25 Pa. Code subsection 130.603 (c) have been submitted on behalf of the States are required to prepare SIPs for Thinning and (d) Rust Preventative Sherwin Williams Company and from each designated ‘‘air quality control Coatings be deleted from Pennsylvania’s the National Paint and Coatings region’’ within their borders. The SIP AIM coatings rule. (From its context, it Association (NPCA), hereafter referred must specify emission limitations and is clear that the DOD’s comment is in to as the commenters. The comments other measures necessary for that area to reference to 130.603(d) Thinning and (e) from NPCA reference and endorse the meet and maintain the required Rust Preventative Coatings in comments submitted on behalf of the NAAQS. Each SIP must be submitted to Pennsylvania’s AIM coatings Sherwin Williams Company and EPA for its review and approval. EPA regulation.) reiterate the comments made to the will review and must approve the SIP Response: Pennsylvania’s AIM Commonwealth by NPCA during revision if it is found to meet the coatings rule does not use the term ‘‘end Pennsylvania’s rule adoption process. minimum requirements of the Act. See user’’ but rather the term ‘‘the person The commenters assert that the Section 110(k)(3) of the Act; see also who solicits and applies.’’ As indicated Pennsylvania AIM coatings rule is based Union Elec. Co. v. EPA, 427 U.S. 246, in EPA’s response to Comment A, EPA’s on flawed data and that the use of this 265, 96 S.Ct. 2518, 49 L.Ed.2d 474 March 11, 2004 NPR proposed approval data violates the Data Quality Objectives (1976). The Act expressly provides that of Pennsylvania’s request that its fully Act (‘‘DQOA’’) (Section 515(a) of the the states may adopt more stringent air adopted AIM coatings rule be made part Treasury and General Government pollution control measures than the Act of the SIP. EPA can only take action on Appropriations Act for Fiscal Year 2001 requires with or without EPA approval. a SIP revision as it is submitted by a (Public Law 106–554; H.R. 5658)). The See Section 116 of the Act. EPA only state, and cannot, through its data at issue is contained in what the has power to disapprove state plans, rulemaking action, alter the state’s commenters characterize as a ‘‘study submission. EPA, cannot, therefore, prepared by E.H. Pechan & Associates’’ 1 One of the commenters has submitted a delete paragraphs (d) Thinning and (e) (‘‘Pechan Study’’) in 2001. The alleged ‘‘Request for Correction of Information’’ (RFC) dated Rust Preventative Coatings from section flaws relate to emissions reductions June 2, 2004, to EPA’s Information Quality Guidelines Office in Washington, DC. EPA is 130.603 of the Pennsylvania AIM calculated in the Pechan Study; certain evaluating and will respond separately to the RFC, coatings rule by its rulemaking on the of the underlying data and data analyses which raises substantively similar issues to those SIP revision submission. EPA, however, are allegedly ‘‘unreproduceable.’’ raised by this comment.
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and revisions thereto, that are less rule’s VOC content limit for anti-fouling Under 4004.2 of the PAPCA, in order stringent than a standard or limitation coatings is 450 grams/liter while the for the Commonwealth to adopt a rule provided by Federal law. See Section Pennsylvania AIM coatings rule’s is 400 for the State Implementation Plan that is 110(k) of the Act; see also Duquesne grams/liter. Examples of where more stringent than its comparable Light v. EPA, 166 F.3d 609 (3d Cir. Pennsylvania AIM coatings rule is as Federal requirement, the EQB must find 1999). stringent, but not more stringent, than that the rule is reasonably necessary to The Pechan Study is not part of the the Federal AIM coatings rule include, achieve and maintain the NAAQS or Commonwealth’s submission in support but are not limited to, the VOC content find the rule is necessary to avoid the of its AIM coatings rule. Because the limit for antenna coatings and low- impositions of sanctions under the Act. Commonwealth’s December 3, 2003 solids coatings. In both rules the VOC For the Pennsylvania AIM coatings rule, submission is not claiming a specific content limits for these categories are the EQB made those Findings. See J. amount of emissions reductions, the 530 grams/liter and 120 grams/liter, Findings, paragraphs (5) and (6), 33 Pa. level of emissions reductions that might respectively. Thus, on a category by B. 5306 (October 25, 2003). The EQB, be calculable using data contained in category basis, the Pennsylvania AIM acting under the authorizing statutes, the Pechan Study is irrelevant to coatings rule is as stringent or more ordered that the regulations of the whether EPA can approve this SIP stringent than the Federal AIM coatings PADEP are amended by adding 2 revision. The only relevant inquiry at rule. Further, EPA has received no Subsections 130.601–130.611 (as this time is whether this SIP revision comments that the Pennsylvania AIM correctly renumbered 33 Pa. B. 5618, meets the minimum criteria for approval coatings rule is less stringent than the November 18, 2003) as set forth in under the Act, including the Federal rule. Annex A, which has been codified as 25 requirement that the Commonwealth’s E. Comment: Approval of the Pa. Code Chapter 130, Subchapter C— AIM coatings rule be at least as stringent Pennsylvania AIM Coatings rule as a the Pennsylvania AIM coatings rule— as the Federal AIM coatings rule set SIP Revision Violates Clean Air Act that is the subject of this SIP revision. forth at 40 CFR 59.400, subpart D. Sections 110(a)(2)(A) and 110(a)(2)(E)— Further the EQB ordered that its As set forth herein, EPA has With respect to Sections 110(a)(2)(A) Chairperson submit the Order and concluded that the Pennsylvania AIM and 110(a)(2)(E) of the Act, the Annex A to the Office of the General coatings rule meets the criteria for commenters assert that Pennsylvania Counsel and the Office of the Attorney approvability. It is worth noting that cannot give the assurances required by General for review and approval as to EPA agrees with the commenters’ these provisions of the Act since each legality and form, as required by law. conclusion that the Pennsylvania AIM provision requires that a state be able to The EQB also ordered that its coatings rule is more stringent than the assure that SIP revisions ‘‘meet Chairperson submit its Order and Federal AIM coatings rule, though not applicable requirements’’ of the Act, Annex A to the Independent Regulatory for the reasons given by the and that no ‘‘Federal or State law’’ Review Committee (IRRC) and the commenters, i.e., that the commenters’ prohibits the state from ‘‘carrying out Senate and House Environmental ‘‘better’’ data demonstrates that OTC such implementation plan or portion Resources and Energy Committees as Model AIM coatings Rule achieves a 51 thereof.’’ Such assurance cannot be required by Pennsylvania’s Regulatory percent, as opposed to the Pechan given, the commenters allege, because Review Act. The EQB also ordered that Study’s 31 percent reduction in VOC the Pennsylvania AIM coatings rule its Chairperson certify the Order and emissions beyond that required by the violates the DQOA, Sections 183(e)(9) Annex A and deposit them with the Federal AIM coatings rule. Rather, the and 184(c) of the Act, and Sections Legislative Reference Bureau as required Pennsylvania AIM coatings rule is, on 4004.2 and 4005 of the Pennsylvania Air by law. Finally the EQB ordered that its its face, more stringent than the Federal Pollution Control Act (PAPCA). Order shall take effect immediately AIM coatings rule. The preamble of the Response: For the reasons set forth upon publication in the Pennsylvania Pennsylvania AIM coatings rule states: herein and in responses to comments D. Bulletin. See K. Order, paragraphs (a)– ‘‘This final-form rulemaking sets and F.–J., EPA disagrees that the (e), 33 Pennsylvania Bulletin 5306 specific VOC content limits, in grams Pennsylvania AIM coatings rule violates (October 25, 2003). The Order was per liter, for 48 AIM coating categories the DQOA, the provisions of the CAA or adopted by the Board at its July 15, 2003 and requires more stringent VOC the PAPCA. Therefore, nothing prevents meeting. Between the July 15, 2003 content limits than the Federal rule.’’ 33 Pennsylvania from giving the assurances adoption date of the Order and the Pa. B. 5297 (October 25, 2003). contemplated by Sections 110(a)(2)(A) October 25, 2003 date of its publication Examples of where Pennsylvania’s AIM and (a)(2)(E) of the Act. in the Pennsylvania Bulletin, the coatings rule is facially more stringent Section C. of the preamble of reviews as to legality and form of 25 Pa. than the Federal AIM coatings rule Pennsylvania’s rule states: ‘‘The final Code Chapter 130, Subchapter C—the include, but are not limited to, the VOC form rulemaking is being made under Pennsylvania AIM coatings rule were content limit for non-flat high gloss section 5 of the Air Pollution Control performed. The PADEP Office of coatings and antifouling coatings. The Act (35 P.S. subsection 4005), which General Counsel approved 25 Pa. Code, Federal AIM coatings rule VOC content grants the [Pennsylvania Environmental Chapter 130, Subchapter C as to its limit for non-flat high gloss coatings is Quality Board (the EQB)] the authority legality and form on July 24, 2003. The 380 grams/liter while the Pennsylvania to adopt regulations for the prevention, control, reduction and abatement of air IRRC approved 25 Pa. Code, Chapter AIM coatings rule’s limit is 250 grams/ pollution.’’ See C. Statutory Authority, 130, Subchapter C as to its legality and liter, and the Federal AIM coatings 33 Pa. B. 5297 (October 25, 2003). The form on September 12, 2003. The Office 2 After submission of a request for approval of a EQB made the Finding that ‘‘This of the Attorney General for the quantified amount of emissions reductions credit rulemaking is necessary and appropriate Commonwealth of Pennsylvania due to the AIM coatings rule, EPA will evaluate the for administration and enforcement of approved 25 Pa. Code, Chapter 130, credit attributable to the rule. Whatever the authorizing acts identified in Subchapter C as to its legality and form methodology and data the State uses in such a request, the issue of proper credit will become ripe Section C of this preamble.’’ See J. on October 3, 2003. EPA, in its review for public comment and any comments received Findings, paragraph (4), 33 Pa. B. 5306 of the SIP revision submission of the will be responded to at that time. (October 25, 2003). Pennsylvania AIM coatings rule, has
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found no reason to indicate that the 63 FR 48848, 48857. Accordingly, EPA was fully cognizant of the review performed by PADEP’s Office of PADEP retains authority to impose more requirements of the Pennsylvania AIM the General Counsel, the IRRC and the stringent limits for architectural coatings rule before its formal adoption Office of the Attorney General for the coatings as part of its SIP, and its by the Commonwealth.3 For all these Commonwealth of Pennsylvania as to election to do so is not a basis for EPA reasons, EPA disagrees that the legality of its AIM coatings rule to disapprove the SIP. See, Union Elec Pennsylvania violated Section 183(e)(9) under State law, is insufficient. Co. v. EPA, 427 U.S. at 265–66 (1976). in its adoption of the its AIM coatings (Documentation of the approvals by the Although national uniformity in rule, and disagrees that approval of the Office of General Counsel, the IRRC and consumer and commercial product Pennsylvania AIM coatings rule by EPA the Office of the Attorney General have regulations may have some benefit to is in violation of or prohibited by been made part of the administrative the regulated community, EPA Section 110(a)(2)(A) and (a)(2)(E) of the record of this final rulemaking). recognizes that some localities may Act. F. Comment: The PA AIM Coatings need more stringent regulation to G. Comment: The PA AIM Coatings Rule Was Adopted in Violation of Clean combat more serious and more Rule Was Adopted in Violation of Clean Air Act Section 183(e)(9)—The intransigent ozone nonattainment Air Act Section 184(c), and Approval of commenters state that in 1998, after a problems. the SIP Revision Would, Itself, Violate seven-year rule development process, Further, there was ample consultation That Section—The commenters believe EPA promulgated its nationwide with EPA prior to the Commonwealth’s the OTC violated Section 184(c)(l) of the regulations for AIM coatings pursuant to adoption of its AIM coatings rule. On Act by failing to ‘‘transmit’’ its Section183(e) of the Act. The March 28, 2001 the OTC adopted a recommendations to the Administrator, commenters note that Pennsylvania’s Memorandum of Understanding (MOU) and that the OTC’s violation was AIM coatings rule imposes numerous on regional control measures, signed by compounded by the Administrator’s VOC emission limits that will be more all the member states of the OTC, failure to review the Model Rule stringent than the corresponding limits including Pennsylvania, which through the notice, comment and in EPA’s regulation. The commenters officially made available the OTC model approval process required by CAA assert that Section 183(e)(9) of the Act rules, including the AIM coatings model Sections 184(c)(2)–(4). These alleged requires that any state which proposes rule. See the discussion of this MOU in violations of the Act should have regulations to establish emission the Report of the Executive Director, prevented Pennsylvania from adopting standards other than the Federal OTC, dated July 24, 2001, a copy of the Pennsylvania AIM coatings Rules, standards for products regulated under which has been included in and now prevent EPA from validly Federal rules shall first consult with the administrative record of this final approving them as a revision to the EPA Administrator. The commenters rulemaking. Pennsylvania SIP. believe that Pennsylvania failed to That MOU includes the following Response: EPA disagrees with this engage in that required consultation, text, ‘‘WHEREAS after reviewing comment. Section 184(c)(1) of the Act and, therefore (1) Pennsylvania violated regulations already in place in OTC and states that ‘‘the [OTC] may, after notice Section 183(e)(9) in its adoption of the other States, reviewing technical and opportunity for public comment, Pennsylvania AIM coatings rule, and (2) information, consulting with other develop recommendations for approval of the AIM coatings rule by States and Federal agencies, consulting additional control measures to be EPA would violate, and is, therefore, with stakeholders, and presenting draft applied within all or a part of such prohibited by Sections 110(a)(2)(A) and model rules in a special OTC meeting, transport region if the commission (a)(2)(E) of the Act. OTC developed model rules for the determines such measures are necessary Response: EPA disagrees with this following source categories * * * to bring any area in such region into comment. Contrary to the implication of architectural and industrial attainment by the dates provided by this the commenters, Section 183(3)(9) does maintenance coatings * * *’’ (a copy of subpart.’’ It is important to note that the not require states to seek EPA’s the signed March 28, 2001 MOU has OTC model AIM coatings rule was not permission to regulate consumer been placed in the administrative record developed pursuant to Section 184(c)(1), products. By its explicit terms, the of this final rulemaking). which provision is only triggered statute contemplates consultation with EPA Region III and the ‘‘[u]pon petition of any State within a EPA only with respect to ‘‘whether any Commonwealth of Pennsylvania transport region established for ozone other state or local subdivision has negotiated the adoption of the OTC ***.’’ No such petition preceded the promulgated or is promulgating model rules in the FY 2003 Work Plan development of the model AIM coatings regulations or any products covered for PADEP’s annual State Assistance rule. Nor, for that matter, was under [section 183(e)].’’ The Grant under Section 105 of the Act. The development of a rule upon State commenters erroneously construe this commitment included in the Grant petition under Section 184(e)(1) meant as a requirement for permission rather Work Plan (which was approved and to be the exclusive mechanism for than informational consultation. funded by EPA under Section 105 of the development of model rules within the Further, the final Federal architectural Act) stated that the PADEP would OTC. Nothing in Section 184 prevents coatings regulations at 40 CFR 59.410 continue to submit outstanding rules the voluntary development of model explicitly provides that States and their developed in accordance with the rules without the prerequisite of a state political subdivisions retain authority to March 28, 2001 OTC MOU as SIP petition. This provision of the Act was adopt and enforce their own additional revisions by September 9, 2003. The not intended to prevent OTC’s regulations affecting these products. See relevant page of the FY 2003 Grant also, 63 FR 48848, 48884. In addition, Work Plan has been placed in the 3 While EPA reviewed the model AIM coatings as stated in the preamble to the final administrative record of this final rule and the draft Pennsylvania version of that rule, rule for architectural coatings, Congress rulemaking. EPA had no authority conferred under the Clean Air did not intend Section 183(e) to Therefore, there is no validity to the Act to dictate the exact language or requirements of the rule beyond the general requirement that the preempt any existing or future State commenters’ assertion that Pennsylvania rule, in order to be approvable as a rules governing VOC emissions from Pennsylvania failed to consult with EPA SIP revision, must be at least as stringent as its consumer and commercial products. See in the adoption of its AIM coatings rule. Federal counterpart.
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development of model rules which that the PADEP has the resources to acknowledges that under the PAPCA, in states may individually choose to adapt implement and enforce the program. 35 order for the EQB to adopt a rule for the and adopt on their own, as P.S. subsection 4004. The commenters State Implementation Plan that is more Pennsylvania did, basing its AIM also cite to the PAPCA subsection 4005 stringent than its comparable Federal coatings rule on the model developed for the proposition that the EQB’s requirement, the EQB must find that the within the context of the OTC. In rulemaking authority powers are rule is reasonably necessary to achieve developing its State rule from the OTC specifically enumerated in thirteen and maintain the NAAQS or to avoid model, Pennsylvania was free to adapt explicit subsections, none of which the imposition of sanctions. For the that rule as it saw fit (or to leave the mention consumer products (with a Pennsylvania AIM coatings rule, the OTC model rule essentially unchanged), footnote to an exception in 4005(a)(13) EQB made those Findings. See J. so long as its rule remained at least as related to aerospace coatings). The Findings, paragraphs (5) and (6), 33 stringent as the Federal AIM coatings commenters also point to PAPCA Pennsylvania Bulletin 5306 (October 25, rule. subsection 4004.2 to note that it is the 2003). Consequently, EPA believes that As previously stated, on March 28, Legislature’s expressed intent that the EQB has made the requisite findings 2001, the OTC member states signed a delegated rulemaking authority not be for the adoption of rules and regulations MOU on regional control measures, broadly construed but is limited by a more stringent than those required by including the AIM coatings model rule. requirement that any rule adopted by the Act. Moreover, the Office of General The OTC did not develop the EQB under the PAPCA be no more Counsel for PADEP, the recommendations to the Administrator stringent than a specific Federal rule. Commonwealth’s IRRC, and the Office for additional control measures. The The commenters conclude, therefore, of the Attorney General for the MOU stated that implementing these that if Pennsylvania chooses to regulate Commonwealth of Pennsylvania have rules will help attain and maintain the AIM coatings beyond the levels set by each approved the Pennsylvania AIM 1-hour standard for ozone and were EPA, that choice must be made by the coatings rule with regard to its legality therefore made available to the states for Pennsylvania General Assembly in the and form under Pennsylvania law. See use in developing their own regulations. form of a specific statute or by EPA’s response to Comment E. EPA, in Even though the OTC did not develop delegating additional specific its review of the SIP revision the model AIM coatings rule pursuant to rulemaking authority to the EQB, and as submission of the Pennsylvania AIM Section 184(c)(1) of the Act, such delegation is absent, the coatings rule, has found no reason to nevertheless it provided ample Pennsylvania AIM coatings rule is indicate that the review performed by opportunity for OTC member and unlawful as a matter of Pennsylvania PADEP’s Office of the General Counsel, stakeholder comment by holding several law. the IRRC and the Office of the Attorney public meetings concerning the model General for the Commonwealth of rules including the AIM coatings model Response: EPA disagrees with this Pennsylvania as to the legality of its rule. The sign-in sheets or agenda for comment. The commenters’ citations to AIM coatings rule under State law, is four meetings held in 2000 and 2001 at the PAPCA are incomplete with regard insufficient. EPA has, therefore, which the OTC AIM coatings model was to the ability of the Commonwealth to determined pursuant to Section discussed (some of which reflect the adopt air pollution control regulations 110(a)(2)(E) of the Clean Air Act and 40 attendance of a representative of the that are more stringent than comparable CFR section 51, appendix V, that EPA and/or the commenters), have been Federal requirements. The commenters Pennsylvania has provided the placed in the administrative record for fail to note the provisions under PAPCA necessary assurances that it has this final rulemaking. subsection 4004.2(b) whereby the H. Comment: The PA AIM Coatings Commonwealth may adopt a rule for the adequate authority to implement the SIP Rule Was Adopted in Violation of the State Implementation Plan that is more revision and that it has followed all the Pennsylvania Air Pollution Control Act stringent than its comparable Federal procedural requirements of (PAPCA)—The commenters assert that requirement, if the EQB finds that the Pennsylvania’s laws and constitution in the General Assembly of the rule is reasonably necessary to achieve adopting the SIP revision submitted to Commonwealth of Pennsylvania, when and maintain the NAAQS or necessary EPA. it amended the PAPCA in 1992, to avoid the impositions of sanctions I. Comment: The Pennsylvania AIM addressed the issue of consumer under the Act. Pennsylvania adopted its Coatings Rule Violates the Commerce product regulation, not by delegating AIM coatings rule to achieve additional Clause of the U.S. Constitution—The rulemaking authority to the EQB, but by VOC reductions from AIM coatings. The commenters claim that the Pennsylvania conferring limited enforcement Pennsylvania AIM coatings rule is a part AIM coatings rule violates the authority upon PADEP. The of the Commonwealth’s strategy to Commerce Clause of Article I, Section 8, commenters state that the Legislature achieve and maintain the ozone of the U.S. Constitution, because it authorized PADEP to enforce the standard throughout the imposes an unreasonable burden on Federal standards, not to promulgate its Commonwealth. The Federal AIM interstate commerce. The commenters own more stringent standards. The coatings rule was promulgated in 1998. assert that because the Pennsylvania commenters cite to a provision of the To capture additional VOC emission AIM coatings rule contains VOC limits PAPCA which confers upon the PADEP reductions, the Commonwealth adopted and other provisions that differ from the the power and duty to develop and its more stringent AIM coatings rule in Federal AIM coatings rule in 40 CFR submit to EPA procedures to implement October of 2003. As EPA notes in its 59.400, the rule causes an unreasonable and enforce the regulations which EPA response to Comment B., the restriction on coatings in interstate adopts under Section 183(e) of the Act Pennsylvania AIM coatings rule sets commerce. The commenters further to reduce emissions from consumer and specific VOC content limits, in grams assert that the burdens of the commercial products, provided the per liter, for 48 AIM coating categories Pennsylvania AIM coatings rule are PADEP will receive the credits and requires, for certain categories, excessive and outweigh the benefits of attributed to the Federal consumer and more stringent VOC content limits than the rule. The commenters suggest that commercial products regulations under the Federal Rule. As indicated in EPA’s EPA should disapprove the SIP revision Section 182 of the CAA regulations, and response to Comment D., EPA on this basis.
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Response: EPA agrees with this Creamery, et al., 449 U.S. 456 in that state not an impermissible comment only to the extent that it (1981)(upholding state law that banned restriction). It may be that the acknowledges that AIM coatings are sales of milk in plastic containers to Pennsylvania AIM coatings rule will products in interstate commerce and conserve energy and ease solid waste have the effect of reducing the that state regulations on coatings problems). availability of coatings or increasing the therefore have the potential to violate The commenters assert, without cost of coatings within the State, but the Commerce Clause. EPA understands reference to any facts, that the courts typically view it as the the commenters’ practical concerns Pennsylvania AIM coatings rule prerogative of the state to make caused by differing state regulations, but imposes burdens and has impacts on regulatory decisions with such impacts disagrees with the commenters’ view consumers that are ‘‘clearly excessive in upon its own citizens. NPCA v. City of that the Pennsylvania AIM coatings rule relation to the purported benefits Chicago, 45 F.3d 1124 (7th Cir. 1994), impermissibly impinges on interstate ***’’ By contrast, EPA believes that cert. denied, 515 U.S. 1143 (1995) (local commerce. A state law may violate the any burdens and impacts occasioned by restriction on sales of paints used by Commerce Clause in two ways: (i) By the Pennsylvania AIM coatings rule are graffiti artists may not be the most explicitly discriminating between not so overwhelming as to trump the effective means to meet objective, but interstate and intrastate commerce; or state’s interest in the protection of that is up to the local government to (ii) even in the absence of overt public health. First, the Pennsylvania decide). discrimination, by imposing an AIM coatings rule does not restrict the Third, the burdens of the incidental burden on interstate transportation of coatings in commerce Pennsylvania AIM coatings rule commerce that is markedly greater than itself, only the sale of nonconforming typically do not appear to fall more that on intrastate commerce. The coatings within the state’s own heavily on interstate commerce than Pennsylvania AIM coatings rule does boundaries. The state’s rule excludes upon intrastate commerce. The effect on not explicitly discriminate against coatings sold or manufactured for use manufacturers and retailers will fall on interstate commerce because it applies outside the state or for shipment to all manufacturers and retailers evenhandedly to all coatings others. 25 Pa. Code. 130.601(1). The regardless of location if they intend manufactured or sold for use within the Pennsylvania AIM coatings rule cannot their products for sale within state. At most, therefore, the be construed to interfere with the Pennsylvania, and does not appear to Pennsylvania AIM coatings rule could transportation of coatings through the have the effect of unfairly benefitting in- have an incidental impact on interstate state en route to other states. As such, state manufacturers and retailers. The commerce. In the case of incidental EPA believes that the cases concerning mere fact that there is a burden on some impacts, the Supreme Court has applied impacts on the interstate modes of companies in other states does not alone a balancing test to evaluate the relative transportation themselves are establish impermissible interference impacts of a state law on interstate and inapposite. See, e.g., Bibb v. Navajo with interstate commerce. See, Exxon intrastate commerce. See, Pike v. Bruce Freight Lines, 359 U.S. 520 (1938). Corp. v. Maryland, 437 U.S. 117, 126 Second, the Pennsylvania AIM Church, Inc., 397 U.S. 137 (1970). (1978). coatings rule is not constructed in such In addition, EPA notes that courts do Courts have struck down even as way that it has the practical effect of not typically find violations of the nondiscriminatory state statutes when requiring extraterritorial compliance Commerce Clause in situations where the burden on interstate commerce is with the state’s VOC limits. The states have enacted state laws with the ‘‘clearly excessive in relation to the Pennsylvania AIM coatings rule only authorization of Congress. See, e.g., putative local benefits.’’ Id. at 142. governs coatings manufactured or sold Oxygenated Fuels Assoc., Inc. v. Davis, At the outset, EPA notes that it is for use within the state’s boundaries. 63 F. Supp. 1182 (E.D. Cal. 2001) (state unquestionable that the Commonwealth The manufacturers of coatings in ban on MTBE authorized by Congress); has a substantial and legitimate interest interstate commerce are not compelled NEMA v. Sorell, 272 F.3d 104 (2nd Cir. in obtaining VOC emissions for the to take any particular action, and they 2000) (RCRA’s authorization of more purpose of attaining the ozone NAAQS. retain a range of options to comply with stringent state regulations confers a The adverse health consequences of the rule, including, but not limited to: ‘‘sturdy buffer’’ against Commerce exposure to ozone are well known and (1) Ceasing sales of nonconforming Clause challenges). Section 183(e) of the well established and need not be products in Pennsylvania; (2) Act governs the Federal regulation of repeated here. See, e.g., National reformulating nonconforming products VOCs from consumer and commercial Ambient Air Quality Standards for for sale in Pennsylvania and passing the products, such as coatings covered by Ozone: Final Response to Remand, 68 extra costs on to consumers in that state; the Pennsylvania AIM coatings rule. FR 614, 620–25 (January 6, 2003). Thus, (3) reformulating nonconforming EPA has issued a Federal regulation that the objective of the Commonwealth in products for sale more broadly; (4) provides national standards, including adopting the Pennsylvania AIM coatings developing new lines of conforming VOC content limits, for such coatings. rule is to protect the public health of the products; or (5) entering into See 40 CF 59.400 et seq. Congress did citizens of Pennsylvania. The courts production, sales or marketing not, however, intend Section 183(e) to have recognized a presumption of agreements with companies that do pre-empt additional state regulation of validity where the state statute affects manufacture conforming products. coatings, as is evident in Section matters of public health and safety. See, Because manufacturers or sellers of 183(e)(9) which indicates explicitly that e.g., Kassel v. Consolidated Freightways coatings in other states are not forced to states may regulate such products. Corp. of Delaware, 450 U.S. 662, 671 meet Pennsylvania’s regulatory EPA’s regulations promulgated pursuant (1980). Moreover, even where the state requirements elsewhere, the rule does to the Act recognized that states might statute in question is intended to not impose the type of obligatory issue their own regulations, so long as achieve more general environmental extraterritorial compliance that the they meet or exceed the requirements of goals, courts have upheld such statutes courts have considered unreasonable. the Federal regulations. See, e.g., the notwithstanding incidental impacts on See, e.g., NEMA v. Sorrell, 272 F.3d 104 National Volatile Organic Compound out of state manufacturers of a product. (2nd Cir. 2000) (state label requirement Emission Standards for Architectural See, e.g, Minnesota v. Clover Leaf for light bulbs containing mercury sold Coatings, 40 CFR 59.410, and the
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Federal Register which published the standards. Pennsylvania may have (holding that ‘‘necessary’’ measures are standards, 63 FR 48848, 48857 additional burdens to insure compliance those that meet the ‘‘minimum (September 11, 1998). Thus, EPA with its rule, but for purposes of this conditions’’ of the Act, and that a state believes that Congress has clearly action EPA presumes that the ‘‘may select whatever mix of control provided that a state may regulate Commonwealth take appropriate actions devices it desires,’’ even ones more coatings more stringently than other to enforce it as necessary. The EPA has stringent than Federal standard, to states. no grounds for disapproval of the SIP achieve compliance with a NAAQS, and In Section 116 of the Act, Congress revision based upon the commenters’ that ‘‘the Administrator must approve has also explicitly reserved to states and Commerce Clause comment. such plans if they meet the minimum their political subdivisions the right to J. Comment: The Emission Limits and requirements’’ of Section 110(a)(2) of adopt local rules and regulations to Compliance Schedule in the the Act). Clearly, in light of the Act and impose emissions limits or otherwise Pennsylvania AIM Coatings Rule are the case law, EPA’s failure to specify the abate air pollution, unless there is a Neither Necessary nor Appropriate to state adoption of a specific control specific Federal preemption of that Meet Applicable Requirements of the measure cannot dictate whether a authority. When Congress intended to Clean Air Act—The commenters claim measure is necessary or appropriate. create such Federal preemption, it does that the Pennsylvania AIM coatings rule In this particular instance, EPA so through explicit provisions. See, e.g., is not ‘‘necessary or appropriate’’ for identified an emission reduction Section 209(a) of the Act, which inclusion in the Pennsylvania SIP, shortfall associated with Pennsylvania’s pertains to state or local emissions because EPA did not direct 1-hour ozone attainment demonstration standards for motor vehicles; and Pennsylvania to achieve VOC SIP, and required Pennsylvania to Section 211 of the Act which pertains to reductions through the AIM coatings address the shortfall (See, 64 FR 70428 fuel standards. Moreover, the very rule, but left it to the State to decide and 66 FR 54143). It is the structure of the Act is based upon how such reduction can be achieved. Commonwealth’s prerogative to develop ‘‘cooperative federalism,’’ which The commenters further assert that the whatever rule or set of rules it deems contemplates that each state will Pennsylvania AIM coatings rule is not necessary or appropriate such that the develop its own state implementation necessary or appropriate for inclusion in rule or rules will collectively achieve plan, and that states retain a large the Pennsylvania SIP because of the the additional emission reductions for degree of flexibility in choosing which numerous procedural and substantive attainment of the 1-hour ozone standard sources to control and to what degree in failings on the part of PADEP in as identified by EPA. order to attain the NAAQS by the promulgating the rule. As stated previously, the applicable attainment date. Union Response: EPA disagrees with this Commonwealth’s December 3, 2003 SIP Electric Co. v. EPA, 427 U.S. 246 (1976). comment. If fulfillment of the revision submittal, supplemented by Given the structure of the Act, the mere ‘‘necessary or appropriate’’ condition of further documentation added to the fact that one state might choose to Section 110(a)(2)(A) required EPA to administrative record by EPA to regulate sources differently than another determine that a measure was necessary respond to comments submitted on its state is not, in and of itself, contrary to or appropriate and require a state to March 11, 2004 NPR, provides evidence the Commerce Clause. adopt that measure, this condition that it that it has the legal authority to Finally, EPA understands that there would present a ‘‘catch 22’’ situation. adopt its AIM rule and that it has may be a practical concern that a EPA does not generally have the followed all of the requirements in the plethora of state regulations could create authority to require the State to enact Commonwealth law and constitution a checkerboard of differing requirements and include in its SIP any particular that are related to adoption of the plan. would not be the best approach to control measure, even a ‘‘necessary’’ K. Comment: The Written Comments regulating VOCs from AIM coatings or one.4 However, under Section Submitted by the Commenters to the other consumer products. Greater 110(a)(2)(a) a control measure must be Pennsylvania EQB, the Pennsylvania uniformity of standards does have either ‘‘necessary or appropriate’’ IRRC and the PADEP on Pennsylvania’s beneficial effects in terms of more cost (emphasis added); the use of the Proposed Version of its AIM Coatings effective and efficient regulations. As disjunctive ‘‘or’’ does not provide that a Rule Are Incorporated by Reference into EPA noted in its own AIM coatings rule, state must find that only a certain the Comments Submitted to EPA on its national uniformity in regulations is control measure and no other measure March 11, 2004 NPR Proposing also an important goal because it will will achieve the required reduction. Approval of the Final, Adopted facilitate more effective regulation and Rather, a state may adopt and propose Pennsylvania AIM Coatings Rule—In enforcement, and minimize the for inclusion in its SIP any measure that their letters submitted to EPA as opportunities for undermining the meets the other requirements for comment to EPA’s proposed approval of intended VOC emission reductions. 63 approvability so long as that measure is the Pennsylvania AIM coatings rule, the FR 48856–48857. However, EPA also at least as appropriate, though not commenters incorporate by reference a recognizes that Pennsylvania and other exclusive, means of achieving emissions letter from Madelyn K. Harding, states with longstanding ozone reduction. See also, Union Elec. Co. v. Sherwin Williams Company to the nonattainment problems have local EPA, 427 U.S. 246, 264–266 (1976) Pennsylvania EQB dated February 20, needs for VOC reductions that may 2002 and its attachments; a letter from necessitate more stringent coatings 4 As noted in Virginia v. EPA, 108 F.3d 1397 (DC W. Lance H. Hernsarth, Sherwin regulations. Under Section 116 of the Cir. 1997), EPA does have the authority within the Williams Company to Kathleen Act, states have the authority to do so, mechanism created by Section 184 of the Act to McGinty, Secretary of the Pennsylvania order states to adopt control measures and significantly, many states in the recommended by the OTC, if EPA agrees with and DEP, dated April 21, 2003 and its Northeast have joined together to approves that recommendation. 108 F.3d, n.3 at attachment; a letter from Harvey P. Sass, prepare and promulgate regulations 1402. As we have previously stated, the OTC model Sherwin Williams Company to more restrictive than the Federal AIM AIM coatings rule was not developed pursuant to Commissioner John R. McGinley, Jr., the Section 184 mechanism; EPA therefore has no coatings rule to apply uniformly across authority to order that Pennsylvania or any other IRRC, dated September 5, 2003 and its that region. This regional collaboration state adopt this measure in order to reduce VOC attachment; and NPCA’s Statement provides regional uniformity of emissions. Before Pennsylvania Independent
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Regulatory Review Commission, dated (6) The commenters assert that the the Act. In this case, the Commonwealth September 12, 2003. The following economic analysis of Pennsylvania’s of Pennsylvania’s December 3, 2003 summarizes the comments presented to proposed AIM coatings rule is submission of its AIM coatings rule to Pennsylvania and incorporated by inaccurate because it uses a cost figure EPA includes the necessary reference by the commenters: of $6400 per ton of emissions reduced documentation to demonstrate that it (1) The commenters have significant based upon an economic analysis done met these requirements. The concerns with the proposed standards for California. The commenters contend Commonwealth’s December 3, 2003 SIP for certain paints and coatings, e.g., that the cost figure is inappropriate revision submission is included in interior wood clear and semi- given the differences in the stringency docket of this rulemaking. A complete transparent stains, interior wood of the current requirements for AIM SIP revision submission from a state vanishes, interior wood sanding sealers, coatings in Pennsylvania versus includes copies of timely comments exterior wood primers, and floor California, and therefore, Pennsylvania properly submitted to the state on the coatings. The commenters assert that needs to make an independent proposed SIP revision and the state’s Pennsylvania’s proposed AIM coatings determination of the cost of VOC responses to those comments. The regulation is based upon the inaccurate reductions from its proposed AIM Commonwealth of Pennsylvania’s assumption that compliant coatings are coatings regulation. December 3, 2003 submission of its AIM available or can be developed which (7) The commenters indicate that both coatings rule as a SIP revision to EPA will satisfy customer requirements and the Consumer Products regulation and properly includes both the comments meet all of the performance AIM coatings rule proposed by submitted on its proposed AIM coatings requirements of these categories. The Pennsylvania are based on rule rule and the Commonwealth’s responses commenters contend that such coatings developments in California. However, to those comments. (See both the are not effectively within the limits of Pennsylvania’s proposal includes the document entitled, Architectural and current technology and that this California averaging provision for Industrial Maintenance (AIM) Coatings, inaccurate assumption will result in consumer products but does not do so Comment and Response Document increased and earlier repainting which for AIM. The commenters assert that the prepared by the DEP, dated February 27, can damage floors in Pennsylvania due failure to include the California 2003 and 33 Pennsylvania Bulletin 5297 to seasonal variations in temperature averaging provision in the Pennsylvania (October 25, 2003)). and humidity. AIM coatings rule is arbitrary and The Commonwealth of Pennsylvania’s (2) The commenters contend that capricious, and places an unequal SIP revision submission of its AIM PADEP has not considered the increase burden on the architectural coating coatings rule does not request that EPA in emissions resulting from the industry. approve a specific amount of VOC performance issues and consequential (8) The commenters also submitted emission reduction credit. As such, the repainting. comments to the Commonwealth of comments regarding the (3) The commenters suggest changes Pennsylvania regarding its proposed Commonwealth’s emission reduction to the VOC standards for only a few of AIM coatings rule asserting that the EQB calculations are not germane to EPA’s the product categories proposed by and PADEP do not have authority under rulemaking to approve Pennsylvania’s Pennsylvania in its AIM coatings the Commerce Clause and the requested SIP revision. The regulation, and claim that the version of Pennsylvania Air Pollution Control Act Commonwealth’s responses to the the AIM coatings rule it counter- (PAPCA) to adopt the proposed AIM timely comments on the proposed proposes will achieve significant coatings rule. Pennsylvania AIM coatings rule made reductions beyond the Federal AIM Response: As previously stated in this by the commenters to Pennsylvania are coatings rule (26.5 tons/day) which is document, EPA disagrees with the included in the Commonwealth’s very close to the amount of emission commenter’s assertion that the adoption December 3, 2003 submission to EPA for reductions determined by PADEP for of the AIM coatings regulation by the approval of the SIP revision. the Pennsylvania proposed regulation. Commonwealth is in violation of the The cost per ton figure determined by (4) The commenters state that PAPCA. Please see EPA’s response to the Commonwealth in its economic Pennsylvania’s proposed AIM coatings Comment H. With regard to the analysis, its decision to rely upon rule is unreasonably stringent and comments regarding the Commerce information from California and its unnecessary for the protection of public Clause, please see EPA’s response to decision whether to include averaging health, welfare and safety, and it is Comment I. provisions in its final AIM coatings rule arbitrary and capricious as the record With regard to the other comments are all decisions which fall within a does not support the emission reduction submitted by the commenters to the state’s purview, and issues regarding claims. Commonwealth on its proposed AIM those decisions are rightfully raised by (5) The commenters contend that coatings rule that they have interested parties to the State during its Pennsylvania’s proposed AIM coatings incorporated by reference in their regulatory adoption process. Therefore, rule will have a significant adverse comments to EPA on EPA’s March 11, it was appropriate that the commenters impact on the commenters, and that the 2004 proposed approval, EPA’s commented to the Commonwealth on PADEP can issue a regulation that response is that it is important to these matters during the adoption of its achieves substantial VOC reductions understand EPA’s role and AIM coatings rule. EPA has reviewed beyond the Federal AIM coatings rule responsibilities with regard to the the SIP revision submitted and has without causing serious adverse impact review and approval, or disapproval, of determined that the commenters’ on potential sales of certain products. A rules submitted as SIP revisions. Prior to comments on those issues they have further comment contends that due to approving a SIP revision request incorporated by reference on this Pennsylvania’s climate, the added costs submitted by a state, EPA reviews the rulemaking, along with the of heating trucks and warehouses to submission to ensure that the state Commonwealth’s responses to those transport and store coatings will provided the opportunity for comment issues, are included therein. In the adversely impact manufacturers, and held a hearing(s) on the proposed context of a SIP approval, EPA’s review shippers, end users and on society in state regulation that is at issue in the SIP of these state decisions is limited to the form of more energy consumption. revision pursuant to Section 110(a) of whether the SIP revision meets the
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minimum criteria of the Act. Provided governments, as described in the required information to the U.S. Senate, that the rule adopted by the state Unfunded Mandates Reform Act of 1995 the U.S. House of Representatives, and satisfies those criteria, EPA must (Public Law 104–4). This rule also does the Comptroller General of the United approve such a SIP revision. See, Union not have tribal implications because it States prior to publication of the rule in Elec Co. v. EPA. will not have a substantial direct effect the Federal Register. This rule is not a With regard to the comments on one or more Indian tribes, on the ‘‘major rule’’ as defined by 5 U.S.C. concerning the availability of complying relationship between the Federal 804(2). coatings and the ability to develop Government and Indian tribes, or on the C. Petitions for Judicial Review complying coatings that can meet distribution of power and customer requirements and performance responsibilities between the Federal Under section 307(b)(1) of the Clean requirements, EPA notes (as did the Government and Indian tribes, as Air Act, petitions for judicial review of Commonwealth in its responses to such specified by Executive Order 13175 (65 this action must be filed in the United comments) that the final version of the FR 67249, November 9, 2000). This States Court of Appeals for the Pennsylvania AIM coatings regulation action also does not have Federalism appropriate circuit by January 24, 2005. includes variance provisions at implications because it does not have Filing a petition for reconsideration by 130.606–130.610. These provisions substantial direct effects on the States, the Administrator of this final rule does allow for variances from the VOC on the relationship between the national not affect the finality of this rule for the standards found in 130.603 to be government and the States, or on the purposes of judicial review nor does it granted by the PADEP to applicants distribution of power and extend the time within which a petition which demonstrate technological responsibilities among the various for judicial review may be filed, and infeasibility. EPA finds that the levels of government, as specified in shall not postpone the effectiveness of Commonwealth’s approach to address Executive Order 13132 (64 FR 43255, such rule or action. This action, demonstrated technological infeasibility August 10, 1999). This action merely pertaining to Pennsylvania’s AIM in its AIM coatings rule by the variance approves a state rule implementing a coatings rule, may not be challenged provisions of 130.606–130.610 is both Federal standard, and does not alter the later in proceedings to enforce its reasonable and within its purview, and relationship or the distribution of power requirements. (See section 307(b)(2).) therefore approvable as a SIP revision. and responsibilities established in the Clean Air Act. This rule also is not List of Subjects in 40 CFR Part 52 III. Final Action subject to Executive Order 13045 Environmental protection, Air EPA is approving the Pennsylvania ‘‘Protection of Children from pollution control, Incorporation by SIP revision for the control of VOC Environmental Health Risks and Safety reference, Intergovernmental relations, emissions from AIM coatings submitted Risks’’ (62 FR 19885, April 23, 1997), Ozone, Reporting and recordkeeping on December 3, 2003 and supplemented because it is not economically requirements, Volatile organic on October 19, 2004. The Pennsylvania significant. In reviewing SIP compounds. AIM coatings rule is part of the submissions, EPA’s role is to approve Dated: November 1, 2004. state choices, provided that they meet Commonwealth’s strategy to achieve Donald S. Welsh, the criteria of the Clean Air Act. In this and maintain the 1-hour ozone standard Regional Administrator, Region III. throughout the Commonwealth. context, in the absence of a prior existing requirement for the State to use ■ 40 CFR part 52 is amended as follows: IV. Statutory and Executive Order voluntary consensus standards (VCS), Reviews EPA has no authority to disapprove a PART 52—[AMENDED] A. General Requirements SIP submission for failure to use VCS. ■ 1. The authority citation for part 52 It would thus be inconsistent with continues to read as follows: Under Executive Order 12866 (58 FR applicable law for EPA, when it reviews Authority: 42 U.S.C. 7401 et seq. 51735, October 4, 1993), this action is a SIP submission, to use VCS in place not a ‘‘significant regulatory action’’ and of a SIP submission that otherwise Subpart NN—Pennsylvania therefore is not subject to review by the satisfies the provisions of the Clean Air Office of Management and Budget. For Act. Thus, the requirements of section ■ 2. Section 52.2020 is amended by this reason, this action is also not 12(d) of the National Technology adding paragraph (c)(227) to read as subject to Executive Order 13211, Transfer and Advancement Act of 1995 follows: ‘‘Actions Concerning Regulations That (15 U.S.C. 272 note) do not apply. This Significantly Affect Energy Supply, rule does not impose an information § 52.2020 Identification of plan. Distribution, or Use’’ (66 FR 28355, May collection burden under the provisions * * * * * 22, 2001). This action merely approves of the Paperwork Reduction Act of 1995 (c) * * * state law as meeting Federal (44 U.S.C. 3501 et seq.). (227) Revisions pertaining to the requirements and imposes no additional control of volatile organic compound requirements beyond those imposed by B. Submission to Congress and the emissions from architectural and state law. Accordingly, the Comptroller General industrial maintenance coatings Administrator certifies that this rule The Congressional Review Act, 5 submitted on December 3, 2003 and will not have a significant economic U.S.C. 801 et seq., as added by the Small October 19, 2004 by the Commonwealth impact on a substantial number of small Business Regulatory Enforcement of Pennsylvania Department of entities under the Regulatory Flexibility Fairness Act of 1996, generally provides Environmental Protection: Act (5 U.S.C. 601 et seq.). Because this that before a rule may take effect, the (i) Incorporation by reference. rule approves pre-existing requirements agency promulgating the rule must (A) Letters of December 3, 2003 and under state law and does not impose submit a rule report, which includes a October 19, 2004 from the Pennsylvania any additional enforceable duty beyond copy of the rule, to each House of the Department of Environmental Protection that required by state law, it does not Congress and to the Comptroller General transmitting Pennsylvania’s contain any unfunded mandate or of the United States. EPA will submit a Architectural and Industrial significantly or uniquely affect small report containing this rule and other Maintenance Coatings regulations.
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(B) 25 Pa. Code Chapter 130, October 1. That rule, which became Department of Homeland Security Delegation Subchapter C. Architectural and effective September 30, 2004, corrected No. 0170.1. Industrial Maintenance Coatings, organization names and addresses, ■ 4. Revise § 12.02–3(b)(3) to read as Subsections 130.601–130.611, inclusive, revised authority citations for certain follows: effective October 25, 2003. parts to reflect our move to the (ii) Additional Material.—Remainder Department of Homeland Security § 12.02–3 Where documents are issued. of the Commonwealth’s submittals (DHS) in March 2003, and made other (a) * * * pertaining to the revisions listed in technical and editorial corrections (b) * * * paragraph (c)(227)(i) of this section. throughout titles 46 and 49. Neither that (3) The written examinations are [FR Doc. 04–25815 Filed 11–22–04; 8:45 am] rule nor this rule makes any substantive forwarded to the Commanding Officer, change to the existing regulations. BILLING CODE 6560–50–P National Maritime Center by Merchant Need for Correction Marine Details. Any Marine Inspection Office at which an applicant with a The final rule that was published on temporary permit appears may request DEPARTMENT OF HOMELAND September 30, 2004, contains errors SECURITY and obtain the examination in the case which may prove to be misleading and from the Commanding Officer, National need to be clarified. This rule makes Coast Guard Maritime Center. Any Marine Inspection those clarifications. Office which doubts the propriety of 46 CFR Parts 10, 12, 28, 30 List of Subjects issuing a permanent certificate in lieu of a temporary permit which has been [USCG–2004–18884] 46 CFR Part 10 issued by a foreign Merchant Marine RIN 1625–ZA03 Reporting and recordkeeping Detail shall inform the Commanding requirements, Schools, Seamen. Officer, National Maritime Center fully Shipping and Transportation; as to the circumstances. Technical, Organizational and 46 CFR Part 12 Conforming Amendments Reporting and recordkeeping § 12.15–5 [Amended] requirements, Seamen. ■ AGENCY: Coast Guard, DHS. 5. In § 12.15–5(c), remove the word ‘‘therefore’’ and add, in its place, the ACTION: 46 CFR Part 28 Final rule; corrections. word ‘‘therefor’’. Fire prevention, Fishing vessels, SUMMARY: This document contains Marine safety, Occupational safety and PART 28—REQUIREMENTS FOR corrections to the Shipping and health, Reporting and recordkeeping COMMERCIAL FISHING INDUSTRY Transportation; Technical, requirements, Seamen. VESSELS Organizational and Conforming Amendments final rule for Titles 46 and 46 CFR Part 30 ■ 6. The authority citation for part 28 49 of the Code of Federal Regulations Cargo vessels, Foreign relations, continues to read as follows: (USCG–2004–18884) published on Hazardous materials transportation, September 30, 2004, in the Federal Authority: 46 U.S.C. 3316, 4502, 4505, Penalties, Reporting and recordkeeping 4506, 6104, 10603; Department of Homeland Register (69 FR 58336). requirements, Seamen. Security Delegation No. 0170.1. DATES: These corrections are effective ■ For the reasons discussed in the November 23, 2004. § 28.30 [Amended] preamble, the Coast Guard amends 46 ADDRESSES: Documents as indicated in CFR parts 10, 12, 28, and 30 as follows: ■ 7. In § 28.30(a), after the words this preamble are available for ‘‘subchapter S’’, remove the words ‘‘of inspection or copying at the Docket PART 10—LICENSING OF MARITIME this chapter’’; and before the words Management Facility, USCG–2004– PERSONNEL ‘‘subchapter S’’, add the words ‘‘33 18884, U.S. Department of CFR’’. Transportation, room PL–401, 400 ■ 1. The authority citation for part 10 Seventh Street, SW., Washington, DC, continues to read as follows: PART 30—GENERAL PROVISIONS between 9 a.m. and 5 p.m., Monday Authority: 14 U.S.C. 633; 31 U.S.C. 9701; ■ through Friday, except Federal holidays. 46 U.S.C. 2101, 2103, and 2110; 46 U.S.C. 8. The authority citation for part 30 You may also find this docket on the Chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906; continues to read as follows: Internet at http://dms.dot.gov. Department of Homeland Security Delegation Authority: 46 U.S.C. 2103, 3306, 3703; No. 0170.1. Sec. 10.107 is also issued under Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. FOR FURTHER INFORMATION CONTACT: If the authority of 44 U.S.C. 3507. you have questions on these corrections, 5103, 5106; Department of Homeland Security Delegation No. 0170.1; Section § 10.805 [Amended] call Robert Spears, Project Manager, 30.01–2 also issued under the authority of 44 Standards Evaluation and Development ■ 2. In § 10.805(f), remove the words U.S.C. 3507; Section 30.01–05 also issued Division (G–MSR–2), Coast Guard, at ‘‘The expiration date of a certificate of under the authority of Sec. 4109, Pub. L. 202–267–1099. If you have questions on registry issued without an expiration 101–380, 104 Stat. 515. viewing, or submitting material to the date shall be determined in accordance § 30.15–1 [Amended] docket, call Andrea M. Jenkins, Program with § 10.811.’’ Manager, Docket Operations, ■ 9. In § 30.15–1(a) remove the word Department of Transportation, PART 12—CERTIFICATION OF ‘‘therefore’’ and add, in its place, the telephone 202–366–0271. SEAMEN word ‘‘therefor’’. SUPPLEMENTARY INFORMATION: ■ 3. The authority citation for part 12 § 30.30–11 [Amended] Background continues to read as follows: ■ 10. In § 30.30–11(b) remove the word Each year titles 46 and 49 of the Code Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, ‘‘therefore’’ and add, in its place, the of Federal Regulations are updated on 2103, 2110, 7301, 7302, 7503, 7505, 7701; word ‘‘therefor’’.
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Dated: November 17, 2004. FOR FURTHER INFORMATION CONTACT: options in Amendment 2 or other future Stefan G. Venckus, Chris Rilling, by phone: 301–713–2347 rulemaking. Chief, Office of Regulations and or by fax: 301–713–1917. Comment 3: If the United States is Administrative Law, United States Coast SUPPLEMENTARY INFORMATION: The unable to catch its quota, there will be Guard. United States Atlantic swordfish and efforts by other ICCAT countries to [FR Doc. 04–25967 Filed 11–22–04; 8:45 am] tuna fisheries are managed under the permanently reduce the U.S. quota BILLING CODE 4910–13–P Fishery Management Plan for Atlantic share and allocate that quota to other Tunas, Swordfish, and Sharks (HMS fishing nations. This will have FMP). Implementing regulations at 50 conservation ramifications given that U.S. fisheries are better managed than DEPARTMENT OF COMMERCE CFR part 635 are issued under the authority of the Magnuson-Stevens fisheries in other ICCAT nations. National Oceanic and Atmospheric Fishery Conservation and Management Response: This rule implements Administration Act (Magnuson-Stevens Act), 16 U.S.C. recommendations agreed to at the 2002 1801 et seq. and the Atlantic Tunas meeting of ICCAT. The North Atlantic 50 CFR Part 635 Convention Act (ATCA), 16 U.S.C. 971 swordfish quota levels are established et seq. Regulations issued under the through 2005. ICCAT will reevaluate the [Docket No. 030604143–4309–02; I.D. authority of ATCA carry out the current quotas and recommend new 030403C] recommendations of ICCAT. The June ones at that time. NMFS will continue to evaluate the need for all current RIN 0648–AQ90 20, 2003, proposed rule (68 FR 36967) contains the background information for regulations with regard to the effect on Atlantic Highly Migratory Species; the management measures in this final harvest rates and will work with Atlantic Swordfish Quotas rule; the background information is not fishermen to preserve the U.S. quota repeated in this final rule. share while ensuring consistency with AGENCY: National Marine Fisheries the Magnuson-Stevens Act, the Service (NMFS), National Oceanic and Comments and Responses Endangered Species Act (ESA), and Atmospheric Administration (NOAA), NMFS held three public hearings in other domestic laws. Commerce. July and August 2003 in Gloucester, Comment 4: U.S. underharvests are ACTION: Final rule. MA; Madeira Beach, FL; and Silver primarily a result of the premature Spring, MD. Comments were received closures of the directed fishery in 1997 SUMMARY: NMFS amends the regulations from fishery participants and other and 1998 and the overly restrictive governing the North and South Atlantic members of the public regarding the time/area closures currently in place. swordfish fisheries to implement proposed regulations. In addition, Scientific data shows swordfish recommendations adopted at the 2002 written comments were submitted to recovering before implementation of the meeting of the International NMFS during the 45-day comment time/area closures. Because of current Commission for the Conservation of period. Written and oral comments are management, this once thriving Atlantic Tunas (ICCAT). Specifically, summarized below with NMFS’ domestic fishery has exhibited reduced NMFS: increases the North Atlantic responses. effort and profitability. swordfish quota to 3,877 metric tons Response: NMFS implemented the North Atlantic Swordfish Quota (mt) whole weight (ww) in 2003 and to current time and area closures and other 3,907 mt ww in 2004 and 2005; Comment 1: One commenter supports restrictions to reduce bycatch in the establishes a dead discard allowance of opportunities for U.S. fishermen to land pelagic longline fishery. This bycatch 80 mt ww for 2003; transfers 25 mt ww more swordfish as long as it is done in included juvenile swordfish, billfish, of North Atlantic swordfish quota to a manner that does not compromise the sharks, and sea turtles. NMFS will Canada in 2003, 2004, and 2005; allows full rebuilding of the population and evaluate the impact and effectiveness of up to 200 mt ww of North Atlantic long-term sustainability of the resource. the closures in Amendment 2 to the swordfish quota to be caught between 5 Response: NMFS agrees that ensuring HMS FMP or other future rulemaking degrees North latitude and 5 degrees sustainability and rebuilding the and will modify them if necessary to South latitude; and establishes a South population are important aspects of meet management objectives and Atlantic swordfish quota of 100 mt ww providing long term opportunities for legislative requirements. in 2003, 2004, and 2005 and 120 mt ww fishermen to harvest the resource. The Comment 5: One commenter opposed in 2006. In addition, NMFS adjusts the selected alternatives are consistent with an increase in the North Atlantic 2003 and 2004 directed and reserve the objectives of the ICCAT rebuilding swordfish quota. Even though the stock quotas based on underharvests from the program, Magnuson-Stevens Act, ATCA, assessment indicates improvement, the 2002 and 2003 fishing years, and the HMS FMP and will ensure the stock is still overfished. Any increase in respectively. sustainability of the stock. quota will slow down or reverse the Comment 2: To facilitate harvest of improvement and lead to an increase in DATES: This final rule is effective the United States allocated quota, the dead discards of juvenile swordfish, December 23, 2004. United States should make a limited marlin, and sharks. Increasing the quota ADDRESSES: Copies of the number of new handgear permits goes against NMFS’ stated goal of risk- Environmental Assessment/Regulatory available for distribution. averse management. The increase is Impact Review (EA/RIR) may be Response: Making a limited number hard to understand given the United obtained from Christopher Rogers, of new handgear permits available is States has not landed the quota since Chief, Highly Migratory Species one option for addressing the 1995. Management Division F/SF1, 1315 East- underharvest occurring in recent years. Response: At its 2002 meeting, ICCAT West Highway, Silver Spring, MD Since this would require a plan conducted a North Atlantic swordfish 20910. These documents are also amendment, NMFS solicited comments stock assessment and determined that available from the Highly Migratory regarding this and other options during the population had nearly recovered to Species Management Division website the scoping process for Amendment 2 to a level that will support maximum at www.nmfs.noaa.gov/sfa/hms/. the HMS FMP and may consider those sustainable yield and that an increase
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will still allow the stock to rebuild by increased the total allowable catch vessels should not be required to 2009, the established goal for rebuilding (TAC) for South Atlantic swordfish from discard undersized swordfish that Atlantic swordfish. Based on this 14,620 mt ww to 15,631 mt ww. The cannot be returned to the sea alive and finding, ICCAT recommended an new ICCAT recommendation lowered that are caught outside the closed areas. increase in swordfish quota and will the U.S. quota for South Atlantic The minimum size should be enforced hold another stock assessment in 2005 swordfish from 384 mt ww in 2002 to for other gear types within the closed to monitor its results. NMFS does not 100 mt ww in 2003–2005. ICCAT areas. expect the increase in U.S. quota to further recommended that up to 200 mt Response: Currently, the minimum result in an increase in dead discards. ww of swordfish landed between 5 size restriction is a component of an Further, based on current regulations degrees North and 5 degrees South ICCAT management recommendation. and the level of effort in the U.S. latitude be applied against the North The U.S. adoption of the alternative fishery, it is unlikely that catch rates of Atlantic swordfish quota. minimum size with no tolerance is target and bycatch species will increase. designed to reduce dead discards while Comment 6: The United States should Quota Transfer still avoiding excess mortality of force ICCAT to reduce the overall quota Comment 9: One commenter stated juvenile fish. Until ICCAT changes the and refuse to accept increases in quota that the transfer of 25 mt ww of North minimum size, and NMFS implements for overfished stocks. Atlantic swordfish quota to Canada is an the changes via a rulemaking process, Response: ICCAT is currently industry initiative to keep from losing NMFS will continue to enforce it for all comprised of 38 contracting parties that part of the U.S. quota allocation if it is gear types in all areas. cooperate to formulate management not likely to be harvested in the near Comment 12: Commenters oppose the recommendations. The United States is future. Another commenter stated that 80 mt ww dead discard allowance over not in a position to force ICCAT to the United States should keep control of and above the increase in quota. Dead adopt a particular quota because the this quota and not transfer it to Canada discards should be counted against the organization works primarily by because any uncaught quota will help existing quota. consensus. In this case, the stock the stock rebuild faster and reduce Response: Previously, ICCAT assessment demonstrated that the bycatch. recommended that the dead discard swordfish population has nearly Response: If the quota transfer to allowance for North Atlantic swordfish recovered to a level that will support Canada did not transpire and there was be phased out by 2004. At that time, a maximum sustainable yield and that an a 25 mt ww underharvest, the remaining dead discard target was not provided for increase in allowable harvest would not quota would be incorporated into the the 2003 fishing year. ICCAT corrected prevent rebuilding within the originally next year’s U.S. North Atlantic this omission in the 2002 agreed timeframe. The North Atlantic swordfish quota. While keeping the 25 recommendation and maintained the swordfish quota was increased based on mt ww may help the stock rebuild in the established schedule for the elimination this scientific advice. short term (because neither the United of the dead discard allowance. Starting States nor Canada would catch it), the in 2004, dead discards will be counted South Atlantic Swordfish Quota quota would likely be harvested in the against the applicable quotas for the Comment 7: One commenter asked future. Transferring the quota to Canada harvesting nations. NMFS to explain why the United States may help maintain the U.S. allocation, North Atlantic Swordfish Quotas lost South Atlantic swordfish quota but due to the current level of despite quota increases for other nations underharvests, more measures may be The adjusted 2002 fishing year fishing in that area. necessary to facilitate harvest of the full landings quota was 3,363.5 mt dressed Response: The United States South U.S. allocation. weight (dw). Directed and incidental Atlantic swordfish quota was reduced Comment 10: Quota transfers and fishery landings of North Atlantic due to its lower catches in that area in rulemaking concerning ICCAT swordfish during the 2002 fishing year recent years. However, up to 200 mt ww recommendations should be conducted were reported to be 1747.2 mt dw, with of swordfish landed between 5 degrees in a more timely manner. The start of a total underharvest of 1,616.3 mt dw. North and 5 degrees South latitude may the fishing year was changed to June 1 In addition to the landings quota, be applied against the North Atlantic to give NMFS the opportunity to ICCAT allocated to the United States a swordfish quota. Because most of the propose and finalize any actions needed 2002 dead discard allowance of 120.3 historical U.S. catch of South Atlantic as a result of ICCAT recommendations. mt dw, of which an estimated 261.6 mt swordfish has been harvested from that Untimely actions can negatively impact dw were discarded. The 141.3 mt dw area, this should mitigate most impacts U.S. fishermen with respect to foreign excess dead discards are required to be from the reduction of the South Atlantic competitors. deducted from quota available to be swordfish quota. Response: NMFS attempts to conduct harvested in the subsequent fishing Comment 8: One commenter opposed rulemaking in as timely a manner as year. Thus, from the 2002 fishing year the proposed increase in South Atlantic possible. However, compliance with 1,475.0 mt dw is available as carryover quota to over 100 mt because it would other applicable laws, such as the (1,616.3 - 141.3). increase pressure on a stock for which Endangered Species Act, may require In addition, the dead discards from data are incomplete. the preparation of additional analyses 2001 were not accounted for at the Response: The Standing Committee and consultations, which can cause beginning of the 2002 fishing year on Research and Statistics (SCRS) delays. because the estimates were not available conducted a stock assessment of South at that time. The total dead discard Atlantic swordfish in 2002. Due to Dead Discard Allowance allowance in 2001 was 180.4 mt dw, discrepancies between several of the Comment 11: Because the dead and the United States discarded an data sets, reliable stock assessment discard allowance is slated to be phased estimated 306.8 mt dw. The 126.4 mt results could not be produced. In out in 2004, NMFS should develop a dw excess dead discards are required to general, the SCRS noted that the total rule to eliminate the waste resulting be deducted from quota available to be catches have decreased since 1995, as from the strict implementation of the harvested in the subsequent fishing recommended. As a result, ICCAT minimum size. U.S. pelagic longline year. However, due to the fact that the
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2002–2003 fishing years have been agreed to by ICCAT, but established Measures (RPMs) and terms and completed, it is necessary to deduct this autonomously. conditions necessary to authorize amount from 2004. For 2000, the landings quota was set continued take as part of the revised The 2003 fishing year base landings at 289 mt dw of which 93.8 mt dw were incidental take statement. On July 6, quota established by ICCAT was 2,915 landed, leaving an underharvest of 2004, NMFS published a final rule (69 mt dw, not adjusted for underharvests. 195.2 mt dw. This underharvest is FR 40734) implementing additional sea NMFS is adjusting this quota by the added to the base 2003 fishing year turtle bycatch and bycatch mortality carryover available from 2002 and the quota for an adjusted 2003 fishing year mitigation measures for all Atlantic excess dead discards in 2001. Thus, the quota of 270.4 mt dw (75.2 + 195.2). In vessels with PLL gear onboard. NMFS is adjusted total landings quota for 2003 is 2003, only 11.3 mt dw was harvested implementing the other RPMs in 4,263.6 mt dw (2,915 + 1,475 - 126.4). during the fishing year, leaving 259.1 mt compliance with the BiOp. On August Although the 2003 fishing year for dw available for carryover to the 12, 2004, NMFS published an Advance North and South Atlantic swordfish subsequent fishing year (270.4 - 11.3). Notice of Proposed Rulemaking (69 FR ended on May 31, 2004, NMFS is For 2004, the base fishing year 49858) to request comments on including the ICCAT established quotas landings quota established by ICCAT potential regulatory changes to further and landings for 2003 in this rule in was 75.2 mt dw. NMFS is adjusting this reduce bycatch and bycatch mortality of order to provide a complete accounting base quota to account for the sea turtles, as well as comments on the of underharvests in 2003 which were underharvest from 2003. Thus, the new feasibility of framework mechanisms to used to establish the 2004 adjusted adjusted quota for 2004 is 334.3 mt dw address unanticipated increases in sea quotas. Thus, the directed and (75.2 + 259.1). turtle interactions and mortalities, incidental fishery landings of North Changes from the Proposed Rule should they occur. NMFS will Atlantic swordfish during the 2003 undertake additional rulemaking and fishing year were reported to be 1,509 The final rule contains no significant non-regulatory actions, as required, to mt dw. Under this rule, NMFS is also changes from the proposed rule implement any management measures transferring 18.8 mt dw out of the published on June 20, 2003 (68 FR that are required under the 2004 BiOp. reserve category to Canada. In 2003, 36967). The majority of the measures that will 2,735.8 mt dw of the available quota Classification be implemented by this current rule are was not harvested (4,263.6 - 1,509 - not expected to have adverse impacts. 18.8). In addition to the landings quota, This final rule is published under the authority of the Magnuson-Stevens Act, The annual swordfish quota is being ICCAT allocated to the United States a increased to 3,877 mt ww from 2,951 mt 2003 dead discard allowance of 60.0 mt 16 U.S.C. 1801 et seq., and ATCA, 16 U.S.C. 971 et seq. The Assistant ww which, if effort increases, could dw, of which an estimated 278 mt dw potentially increase the number of were discarded. The 218 mt dw excess Administrator (AA) for Fisheries, protected species interactions. However, dead discards are required to be NOAA, has determined that the since 2000, U.S. fishermen have not deducted from quota available to be regulations contained in this rule are caught either the North or South harvested in the subsequent fishing necessary to implement the Atlantic swordfish quotas. For example, year. Therefore, a net total of 2,517.8 mt recommendations of ICCAT and to in 2003, there was a 1,348.6 mt dw dw (2,735.8 - 218) of unharvested manage the domestic Atlantic highly underharvest of North Atlantic swordfish quota may be carried over to migratory species fisheries. swordfish and a 195.2 mt dw 2004 from the 2003 fishing year. NMFS prepared an Environmental For 2004, the fishing year base Assessment (EA) for this final rule, and underharvest of South Atlantic landings quota established by ICCAT is the AA has concluded that there would swordfish. Based on existing 2,937.6 mt dw, not adjusted for be no significant impact on the human regulations, including time/area underharvests. NMFS is adjusting this environment. The EA presents analyses closures, minimum size, and permit quota based on underharvest from 2003, of the anticipated impacts of these final restrictions, NMFS feels it is unlikely and the excess discards from 2002. actions and the alternatives considered. that there will be an increase in effort Thus, the new adjusted quota for 2004 A copy of the EA, and other analytical in the fishery. Thus, interactions with is 5,455.4 mt dw (2,937.6 + 2,517.8), of documents prepared for this rule, are sea turtles should remain stable. which 5,035.1 mt dw is for the directed available from NMFS (see ADDRESSES). Accordingly, no irreversible or category, 300 mt dw is for the incidental This final rule has been determined to irretrievable commitments of resources category, and 120.3 mt dw is for the be not significant for purposes of are expected from this action as the reserve category. In addition, 18.8 mt Executive Order 12866. measures to be implemented by this dw of the reserve category quota will be Based on the management measures final rule are not expected to adversely transferred to Canada for the 2004 in several proposed rules, including the affect endangered species. fishing year. proposed rule for these regulations, a In examining the potential impact of new Biological Opinion (BiOp) on the these regulations, NMFS has determined South Atlantic Swordfish Atlantic pelagic longline (PLL) fishery that the only measure that could Beginning June 1, 2003, through May was issued on June 1, 2004. The 2004 adversely affect stocks of protected 31, 2005, the annual ICCAT established BiOp found that the continued species is the increase in the base North quota for the South Atlantic swordfish operation of the fishery was not likely Atlantic swordfish quota from 2,951 mt stock is 75.2 mt dw. Beginning June 1, to jeopardize the continued existence of ww to 3,877 mt ww and then to 3,907 2006, the annual directed fishery quota loggerhead, green, hawksbill, Kemp’s mt ww in the upcoming fishing years. for the South Atlantic swordfish stock is ridley, or olive ridley sea turtles, but The increase in available quota could 90.2 mt dw. ICCAT recommended that was likely to jeopardize the continued trigger an increase in fishing effort the U.S. underharvest from 2000 be existence of leatherback sea turtles. The which could then increase the carried over to 2003. Underharvests 2004 BiOp identified Reasonable and incidental catch of protected species. from 2001 and 2002 were ineligible for Prudent Alternatives (RPAs) necessary However, an increase in the incidental carryover because individual country to avoid jeopardizing leatherbacks, and take of protected species by the PLL quota levels for those years were not listed the Reasonable and Prudent fleet due to an increase in effort is
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unlikely. For the past several years, the economic impact on a substantial to catch the quota. For example, level of effort in the PLL fishery has number of small entities. The factual increasing the North Atlantic swordfish been steadily declining and a number of basis for this certification is stated quotas could increase ex-vessel grows restrictions such as limited access and below. revenues by $4.9 million if the entire time/area closures have been placed on As required by ATCA, this rule quota is caught. Currently, based on the PLL fleet. This declining effort has implements the recommendations of the existing regulations, including time/area led to underharvests of 1,025.4 mt dw 2002 meeting of the International closures, minimum size, and permit in the 2001 fishing year (68 FR 14167 Commission for the Conservation of restrictions, NMFS feels it is unlikely March 24, 2003, correction 68 FR 16216, Atlantic Tunas (ICCAT) regarding that there will be an increase in effort April 3, 2003), 1,475 mt dw in 2002, and swordfish. The final rule adjusts the in the fishery. Thus, the economic 2,517.8 mt dw in 2003 (the latter two quota for North and South Atlantic impacts of the rule should be negligible. estimates include dead discard swordfish, establishes the 2003 dead If effort is increased, U.S. fishermen overharvests from 2002 and 2003). discard allowance, transfers 25 mt ww would likely experience positive In addition, NMFS has implemented of North Atlantic swordfish quota to benefits as a result of this final rule. As regulations requiring PLL vessels to use Canada, and allows up to 200 mt ww of a result, a FRFA was not prepared. only 18/0 hooks with whole mackerel swordfish caught in the area between 5 and/or squid in the Northeast Distant degrees North and 5 degrees South to be List of Subjects in 50 CFR Part 635 (NED) Statistical Reporting Area, and applied to the North Atlantic swordfish Fisheries, Fishing, Fishing vessels, 16/0 hooks and/or 18/0 hooks quota. These actions are necessary to Foreign relations, Imports, Penalties, everywhere outside the NED using ensure continued progress toward the Reporting and recordkeeping whole finfish or squid, and to possess conservation goals of ICCAT, the requirements, Treaties. and use sea turtle release equipment Magnuson-Stevens Act, ATCA, and the Dated: November 17, 2004. with specified sea turtle handling and FMP for all tunas, swordfish, and release protocols. Handling and release sharks. Rebecca J. Lent, guidelines are also required to be posted There are currently 397 commercial Deputy Assistant Administrator for in the wheelhouse. Because this final permit holders of which fewer than 200 Regulatory Programs, National Marine Fisheries Service. rule does not relieve any of these have reported swordfish landings; most restrictions, the level of effort in the commercial permit holders use pelagic ■ For the reasons set out in the preamble, fleet is unlikely to increase despite the longline gear. There are also 50 CFR part 635 is amended as follows: change in quota level. Thus, the current approximately 20,000 permit holders PART 635—ATLANTIC HIGHLY level of incidental takes of protected who could land swordfish recreationally MIGRATORY SPECIES species will remain at current levels or (i.e., not for profit). Other sectors of will decrease. highly migratory species fisheries such ■ 1. The authority citation for part 635 NMFS determined that this rule will as dealers, processors, bait houses, and continues to read as follows: be implemented in a manner that is gear manufacturers might be affected by consistent to the maximum extent the final regulations, however, the final Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq. practicable with the enforceable policies rule does not apply directly to them. of the approved coastal zone The overall result of the final rule ■ 2. In § 635.27, paragraph (c)(1) is management programs of coastal states would be to increase the 2004 North revised to read as follows: in the Atlantic, Gulf of Mexico, and Atlantic swordfish quota by Caribbean. All of the states that replied approximately 2,500 mt dw and the § 635.27 Quotas. to the letter regarding compliance of the 2004 South Atlantic swordfish quota by * * * * * proposed rule with the Coastal Zone 259.1 mt dw. These increases could (c) Swordfish—(1) Categories. Management Act found NMFS’ potentially result in revenue increases, Consistent with ICCAT proposed actions to be consistent with however, U.S. fishermen have not met recommendations, the fishing year’s their coastal zone management either the North or South Atlantic total amount of swordfish that may be programs. NMFS presumes that the swordfish quotas since 2000. For caught, retained, possessed, or landed states that did not respond also concur. example, in 2003, there was a 1,348.6 by persons and vessels subject to U.S. At the proposed rule stage, NMFS mt dw underharvest of North Atlantic jurisdiction is divided into quotas for conducted an Initial Regulatory swordfish and a 195.2 mt dw the North Atlantic swordfish stock and Flexibility Analysis (IRFA) as required underharvest of South Atlantic the South Atlantic swordfish stock. The by the Regulatory Flexibility Act (RFA). swordfish. The net impact of the of the quota for the North Atlantic swordfish NMFS received no comments regarding final actions results in a quota level that stock is further divided into equal semi- the potential economic impact of the is greater than current catches. Thus, annual directed fishery quotas, an proposed rule or on the IRFA. In NMFS does not believe that the net annual incidental catch quota for preparing this final rule, NMFS has benefits and costs will change fishermen targeting other species or conducted a final EA and a final significantly as a result of the taking swordfish recreationally, and a regulatory impact review that examines implementation of the selected reserve category. the impacts of the selected alternatives, alternatives compared to the baseline of (i) North Atlantic swordfish. (A) A discussed previously in this rulemaking. no action. swordfish from the North Atlantic These analyses indicate that this rule Criteria used to evaluate potential swordfish stock caught prior to the would have negligible economic impacts include analysis of gross directed fishery closure by a vessel for impacts on small entities. Therefore, in revenues in recent years from pelagic which a directed fishery permit, or a compliance with the RFA, the Chief longline logbook data. In future fishing handgear permit for swordfish, has been Counsel for Regulation of the years, the present value of gross and net issued is counted against the directed Department of Commerce has certified revenues for the swordfish fishery at the fishery quota. The annual fishery quota, to the Chief Counsel for Advocacy of the ex-vessel level could be increased, but not adjusted for over- or underharvests, Small Business Administration that this that would depend on the extent to is 2,937.6 mt dw for 2004 and 2,937.6 final rule will not have a significant which fishermen can expand their effort mt dw for 2005. In 2004 and 2005, the
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annual quota is subdivided into two South Atlantic swordfish stock is 90.2 together with General category effort equal semiannual quotas of 1,468.8 mt mt dw. The entire quota for the South controls are specified annually under 50 dw: one for June 1 through November Atlantic swordfish stock is reserved for CFR 635.23(a) and 635.27(a). The 30, and the other for December 1 vessels with pelagic longline gear proposed initial 2004 BFT Quota and through May 31 of the following year. onboard and for which a directed General category effort controls will be (B) A swordfish from the North fishery permit for swordfish has been published in the Federal Register in the Atlantic swordfish stock landed by a issued; retention of swordfish caught near future. vessel for which an incidental catch incidental to other fishing activities or General and Angling Category Closure permit for swordfish or an HMS Angling with other fishing gear is prohibited in or Charter/Headboat permit has been the Atlantic Ocean south of 5 degrees Based on anticipated quotas and issued, or caught after the effective date North latitude. concern over potential overharvest, the most recent General category and of a closure of the directed fishery from * * * * * a vessel for which a directed fishery Angling category BFT landing estimates, [FR Doc. 04–25958 Filed 11–18–04; 3:44 pm] permit or a handgear permit for previous fishing years landing swordfish has been issued, is counted BILLING CODE 3510–22–S estimates, availability of BFT on the against the incidental catch quota. fishing grounds, physical oceanographic (C) A dead discard allowance of 60.2 conditions, and social and economic DEPARTMENT OF COMMERCE mt dw is established for North Atlantic aspects of these two fishing categories, swordfish in 2003, but the allowance is National Oceanic and Atmospheric NMFS has determined that a closure in reduced to zero in 2004 and beyond. All Administration both the General and Angling quota swordfish discarded dead from U.S. categories is warranted at this time. fishing vessels in 2004 and beyond, 50 CFR Part 635 Therefore, fishing for, retaining, regardless of whether such vessels are possessing, or landing BFT by persons permitted under this part, shall be [I.D. 111804A] aboard vessels permitted in the Atlantic counted against the annual directed tunas General, HMS Angling, and HMS fishing quota. Atlantic Highly Migratory Species; Charter/Headboat categories, must cease (D) A portion of the total allowable Bluefin Tuna Fisheries at 11:30 p.m. local time November 19, catch of North Atlantic swordfish shall AGENCY: National Marine Fisheries 2004, in all areas. The intent of these be held in reserve for inseason Service (NMFS), National Oceanic and closures is to ensure that the overall adjustments to fishing categories, to Atmospheric Administration (NOAA), U.S. BFT harvest is consistent with compensate for projected or actual Commerce. ICCAT recommendations. overharvest in any category, for fishery When more precise quota and ACTION: Closure. independent research, or for other landings estimates are available these purposes consistent with management SUMMARY: NMFS has determined that fisheries may be reopened to provide objectives. the Atlantic bluefin tuna (BFT) General Angling, General and Charter/Headboat (E) In the event of an overharvest of category and Angling category fisheries category fishermen fishing opportunities South Atlantic swordfish, up to 150.4 will close in all areas. This action is off south Atlantic states during the mt dw of swordfish landed between 5 being taken to ensure that U.S. BFT December/January time frame when degrees North and 5 degrees South harvest is consistent with BFT are expected to be available as in latitude may be applied against the recommendations of the International recent prior years. NMFS will announce North Atlantic swordfish quota. Commission for the Conservation of any re-openings and/or quota transfers Otherwise, swordfish landed from this Atlantic Tunas (ICCAT), pursuant to the in separate Federal Register notices. area shall be applied against the South Atlantic Tunas Convention Act (ATCA), Atlantic tunas General, HMS Angling, Atlantic swordfish quota. For example, to meet domestic management and HMS Charter/Headboat category if the South Atlantic swordfish quota objectives under the Magnuson-Stevens permit holders may tag and release BFT were 100 mt dw, and 50 mt dw were Fishery Conservation and Management of all sizes while the General and landed between 5 degrees North and 5 Act (Magnuson-Stevens Act) and the Angling quota categories are closed, degrees South latitude, and 75 mt dw Fishery Management Plan for Atlantic subject to the requirements of the tag- were caught south of 5 degrees South Tunas, Swordfish and Sharks (HMS and-release program at § 635.26. latitude, then 25 mt dw of the swordfish FMP), and to prevent overharvest of the NMFS is required, under caught between 5 degrees North and 5 2002 ICCAT recommended quota. § 635.28(a)(1), to file with the Office of degrees South latitude would be applied the Federal Register for publication, DATES: Effective 11:30 p.m., local time against the North Atlantic swordfish notification of closure when a BFT November 19, 2004, through 11:30 p.m., quota. If only 25 mt dw of swordfish quota is reached, or is projected to be local time May 31, 2005. were caught between 5 degrees North reached. On and after the effective date and 5 degrees South latitude, and 150 FOR FURTHER INFORMATION CONTACT: and time of such closure notification, mt dw of swordfish were caught south Highly Migratory Species (HMS) for the remainder of the fishing year, or of 5 degrees South latitude, 25 mt dw Management Division at 978–281–9260. for a specified period as indicated in the would be applied against the North SUPPLEMENTARY INFORMATION: notification, fishing for, retaining, Atlantic swordfish quota. The remaining Regulations implemented under the possessing, or landing BFT under that 50 mt dw overharvest would be counted authority of the ATCA (16 U.S.C. 971 et quota category is prohibited until the against the following year’s South seq.) and the Magnuson-Stevens Act (16 opening of the subsequent quota period, Atlantic swordfish quota. U.S.C. 1801 et seq.) governing the or until such date as specified in the (ii) South Atlantic swordfish. From harvest of BFT by persons and vessels notification. June 1, 2003, to May 31, 2006, the subject to U.S. jurisdiction are found at annual directed fishery quota for the 50 CFR part 635. Section 635.27 Classification South Atlantic swordfish stock is 75.2 subdivides the U.S. BFT quota The Assistant Administrator for mt dw. Beginning June 1, 2006, the recommended by ICCAT among the Fisheries, NOAA (AA), finds that it is annual directed fishery quota for the various domestic fishing categories, and impracticable and contrary to the public
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interest to provide prior notice of, and DEPARTMENT OF COMMERCE managed under the FMP. The FMP was an opportunity for public comment on, prepared by the North Pacific Fishery this action. Based on anticipated BFT National Oceanic and Atmospheric Management Council (Council) under quotas, recent landings reports, Administration the authority of the Magnuson-Stevens availability of BFT on the fishing Act, 16 U.S.C. 1801, et seq. Regulations grounds, and current fishing effort, 50 CFR Part 679 governing U.S. fisheries and implementing the FMP appear at 50 these closures are necessary to ensure [Docket No. 040106005–4316–02; I.D. sufficient quota remains available to 121603C] CFR parts 600 and 679. ensure overall 2004 fishing year RIN 0648 AP73 Background landings are consistent with ICCAT One of the species groups managed recommendations and the HMS FMP. Fisheries of the Exclusive Economic under the FMP is DSR, an assemblage of NMFS provides notification of closures Zone Off Alaska; Full Retention of seven rockfish species: Canary rockfish by publishing the closure notice in the Demersal Shelf Rockfish in the (Sebastes pinniger), China rockfish (S. Federal Register, faxing notification to Southeast Outside District of the Gulf nebulosus), copper rockfish (S. individuals on the HMS FAX Network of Alaska caurinus), quillback rockfish (S. and know fishery representatives, maliger), rosethorn rockfish (S. announcing the notice on the Atlantic AGENCY: National Marine Fisheries helvomaculatus), tiger rockfish (S. Tunas Information Lines, and posting Service (NMFS), National Oceanic and nigrocinctus), and yelloweye rockfish Atmospheric Administration (NOAA), the closure notice on the internet at (S. ruberrimus). Commerce. http://www.nmfspermits.com. The State of Alaska (State) manages ACTION: Final rule. all fisheries occurring within State These fisheries are currently waters, i.e., within three nautical miles underway and delaying this action SUMMARY: NMFS issues a final rule that of Alaska’s coastline. The FMP defers to would be contrary to the public interest requires the operator of a federally the State some management as it could result in excessive BFT permitted catcher vessel using hook- responsibility for the DSR fishery in the landings that would preclude planned and-line or jig gear in the Southeast SEO, subject to Council and Federal recreational and commercial fishing Outside District (SEO) of the Gulf of oversight. The State management regime opportunities off south Atlantic states Alaska (GOA) to retain and land all must be consistent with the goals of the later in the season. To provide sufficient demersal shelf rockfish (DSR) caught FMP. Commercial harvests of DSR are quota for this late season fishery and to while fishing for groundfish or for managed within the total allowable remain within ICCAT recommended Pacific halibut under the Individual catch (TAC) specified annually by quotas, NMFS must close these fisheries Fishing Quota (IFQ) program. This NMFS in consultation with the Council. before additional landings accumulate. action is necessary to improve estimates NMFS published the DSR TAC for 2004 Therefore, the AA finds good cause of fishing mortality of DSR. This final in the Federal Register on February 27, under 5 U.S.C. 553(b)(B) to waive prior rule is intended to further the goals and 2004 (69 FR 9261). notice and the opportunity for public objectives of the Magnuson-Stevens Existing State regulations for DSR Fishery Conservation and Management comment. For all of the above reasons, establish fishing seasons (5 AAC Act (Magnuson-Stevens Act) and the there is good cause under 5 U.S.C. 28.111(a)) and gear restrictions (5 AAC Fishery Management Plan for 28.130), set harvest guidelines for 553(d) to waive the delay in Groundfish of the Gulf of Alaska (FMP). effectiveness of this action. directed DSR fishing based on the TAC DATES: Effective December 23, 2004. (5 AAC 28.160), and limit the amount of This action is being taken under 50 ADDRESSES: Copies of the DSR that can be retained as bait (5 AAC CFR 635.23(a)(4) and is exempt from Environmental Assessment/Regulatory 28.190). Also, the State has a full review under Executive Order 12866. Impact Review/Initial Regulatory retention requirement for DSR caught in Authority: 16 U.S.C. 971 et seq. and 1801 Flexibility Analysis (EA/RIR/IRFA) and State waters (5 AAC 28.171). The et seq. the Final Regulatory Flexibility Analysis Council and NMFS establish the annual TAC for DSR (see 50 CFR 679.20), Dated: November 18, 2004. (FRFA) prepared for this action may be obtained from the Sustainable Fisheries regulate the catch of prohibited species Alan D. Risenhoover, Division, Alaska Region, NMFS, P.O. in the DSR directed fishery (see 50 CFR Acting Director, Office of Sustainable Box 21668, Juneau, AK 99802–1668, 679.21), set recordkeeping and reporting Fisheries, National Marine Fisheries Service. Attn: Lori Durall, by calling the Alaska requirements (see 50 CFR 679.5), and [FR Doc. 04–25959 Filed 11–18–04; 3:44 pm] Region, NMFS, at 907–586–7228, or impose a maximum retention BILLING CODE 3510–22–S from the Alaska Region, NMFS website requirement for DSR caught incidentally at www.fakr.noaa.gov. in Federal fisheries (see 50 CFR Send comments on collection-of- 679.20(d)-(e); Table 10 to part 679). information requirements to NMFS, Need for Action Alaska Region, and to the Office of Information and Regulatory Affairs, The existing management background Office of Management and Budget and explanation of the need for this (OMB), Washington D.C. 20503 (Attn: action were described in the preamble NOAA Desk Officer). to the proposed rule published in the Federal Register on January 21, 2004 FOR FURTHER INFORMATION CONTACT: Tom (69 FR 2875). The Council and NMFS Pearson, 907–481–1780 or have designed this action to achieve the [email protected]. following four objectives: SUPPLEMENTARY INFORMATION: The 1. Improve data collection on the groundfish fisheries in the exclusive incidental catch of DSR in the halibut economic zone (EEZ) of the GOA are and groundfish hook-and-line fisheries
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in the SEO to more accurately estimate comment period. The comments are Coast Guard, and compliance with these DSR fishing mortality, improve DSR summarized and responded to below. regulations is considered acceptable. stock assessments, and evaluate whether Comment 1: NMFS is The Office of Enforcement examines current maximum retainable amounts overemphasizing the collection of each violation of the fisheries (MRAs) are the appropriate levels for fisheries information and neglecting the regulations on a case by case basis. DSR in the SEO; value of marine sanctuaries to re- Penalties for violations can range from 2. Minimize waste to the extent establish fish populations. No marine a written warning to the revocation of practicable; sanctuaries have been created which fishing privileges, forfeiture of fishing 3. Avoid increasing incentives either should be an immediate first priority. vessels, fines, and imprisonment. to target DSR or to discard DSR that is Response: The primary purpose of Comment 4: NMFS, to the detriment caught in excess of the amount that can this regulatory amendment is not to re- of the American public, is too slow to legally be sold for profit; and establish DSR populations, but to react to problems. NMFS has taken no 4. Maintain a consistent approach improve information on the incidental action to address issues raised since within State and Federal regulations catch of these rockfish species while not 1996 and nothing has been done about that govern the retention and increasing incentives to either target or overfishing issues and anti- disposition of DSR. discard them. NMFS has no data that environmental actions. indicate DSR is overfished or that Response: The groundfish fisheries in The preamble to the proposed rule overfishing is occurring, hence, no need the GOA and off Alaska generally are (January 21, 2004, 69 FR 2875) contains is apparent to re-establish DSR among the best managed and most additional explanation as to how this populations. In addition, areas of the sustainable fisheries in the world. None action will achieve these objectives. GOA have been closed to fishing for of the groundfish stocks off Alaska are Elements of this Rule conservation purposes, such as the Sitka overfished or experiencing rates of Pinnacles Marine Reserve. This and harvest that are causing overfishing. This rule has two main provisions other closed areas are specified in the Working closely with the Council since that are added as paragraph (j) to groundfish regulations at § 679.22(b). 1996, NMFS has implemented more § 679.20. The first provision addresses The January 2004 draft environmental than 25 amendments to the FMP which retention and landing requirements. The impact statement (EIS) for essential fish have led to improvements in the operator of a federally-permitted catcher habitat discusses the effects of fishing conservation and management of the vessel using hook-and-line or jig gear is on sensitive habitat features and GOA groundfish fisheries. In required to retain and land all DSR that evaluates a range of options for considering any FMP or regulatory is caught while fishing for groundfish or minimizing adverse effects, such as change, the Council and NMFS carefully IFQ halibut in the SEO. Landed fish closing areas of rockfish habitat to consider a broad range of alternatives to must be reported under Federal and bottom trawling. Further information on address biological, environmental, and State regulations. the draft EIS may be found at the NMFS economic concerns. Preparation of these The second provision addresses Alaska Region website at analyses and receiving public comment disposal of retained amounts of DSR. www.fakr.noaa.gov. on them may take a period of months or Under this rule, a fisherman is limited Comment 2: Days at sea should be cut years, but this is done to assure that to selling an amount of retained DSR by 50 percent this year, and cut by 10 fishery management programs are well that is no more than 10 percent of the percent each year thereafter. It is time to justified and in compliance with all aggregate round weight equivalent of prevent overfishing that is obviously applicable law. IFQ halibut and groundfish, other than going on. Comment 5: Fishery quotas should be IFQ sablefish, that he or she retained Response: NMFS has identified no cut by 50 percent this year and by 10 onboard the vessel. For IFQ sablefish, a overfished stocks in the SEO District, or percent each year thereafter. Too many fisherman is limited to selling an in the GOA as a whole, and has seen no vessels are allowed to fish; government amount of retained DSR that is no more evidence of overfishing of groundfish in agencies act as if fisheries resources are than 1 percent of the aggregate round this area. A reduction in days at sea is infinite, when they are not. weight equivalent of IFQ sablefish he or a management tool that has been used Response: Fishery quotas or TACs are she retained onboard the vessel. in other areas of the United States. In based upon the best scientific Fishermen could use amounts of Alaska, however, NMFS has found that information available which is reviewed retained DSR in excess of these sale strict adherence to managing harvests at annually by the Council, its committees limits for other purposes, including or below TAC levels makes the use of and NMFS. The Council often sets TACs personal consumption or donation, but such a management tool unnecessary. at levels below the Acceptable amounts of DSR in excess of the sale Comment 3: The use of hook-and-line Biological Catch (ABC) levels in limits are prohibited from entering gear to target Pacific halibut should be response to social, economic, and commerce through sale, barter, or trade. prohibited. Enforcement is practically environmental concerns. The Additionally, the MRA table for the non-existent. When fishermen are found establishment of TACs on an annual GOA groundfish fisheries (Table 10 to in violation of the halibut fishery basis is implicit recognition that 50 CFR part 679) is amended to remove regulations, their fishing privileges fisheries resources are not infinite. the DSR MRA for catcher vessels in the should be permanently revoked. Additionally, the Council has SEO. A footnote is added to the DSR Response: As part of an international recommended and NMFS has entry cross referencing the requirements agreement between the U.S. and implemented several programs to specified in § 679.20(j). Canada, hook-and-line gear is the only reduce the number of vessels gear type authorized for use in the participating in the groundfish fisheries Response to Comments commercial harvest of halibut. of Alaska, including the groundfish and NMFS solicited public comments on Prohibiting its use would, in effect, crab License Limitation Program, the the proposed rule (January 21, 2004, 69 close the commercial fishery for halibut. pollock fishing co-operatives under the FR 2875) through February 20, 2004. Enforcement of the halibut fishing American Fisheries Act, and the IFQ One letter containing six separate regulations is conducted by NMFS program for the halibut and sablefish comments was received during this Office of Enforcement and the U.S. fisheries. Development of management
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programs to rationalize fisheries or of sablefish in the sablefish directed regulated entities. NMFS has not been provide market-based incentives to fishery is not applicable. able to identify any relevant Federal reduce excessive fishing capital rules that may duplicate, overlap, or Classification currently is underway in the Bering Sea conflict with the preferred alternative. crab fisheries and the GOA groundfish This final rule has been determined to Steps Taken to Minimize Economic fisheries. be not significant for purposes of Comment 6: Once DSR are caught, Executive Order 12866. Impacts on Small Entities they should be consumed. Markets NMFS prepared a FRFA which The FRFA evaluated four alternatives: could be found. The best ways to save incorporates the IRFA and a summary of (1) the status quo, (2) full retention fish stocks are to reduce quotas and to the analyses completed to support the allowing all retained DSR to enter the reduce fishing vessel days at sea. action. Copies of these analyses are stream of commerce, (3) full retention Fishermen found in violation of fishery available from NMFS (see ADDRESSES). prohibiting certain amounts of DSR regulations should have their vessels The FRFA did not reveal any Federal from entering the stream of commerce, confiscated and fishing privileges rules that duplicate, overlap, or conflict and (4) use of an observer program. permanently revoked. with the action. The following Alternative 3 is the preferred Response: This final rule will require summarizes the FRFA. alternative. Alternative 1 imposes no an operator of a federally permitted Need for and Objectives of the Rule adverse impacts on small entities, but catcher vessel using hook-and-line or jig fails to advance the action objectives of gear in the SEO to retain and land all A description of the need for and providing new information on DSR, DSR caught while fishing for groundfish objectives of this action is contained in reducing DSR wastage, and maintaining or for Pacific halibut under the IFQ the preamble to the proposed rule consistency between State and Federal program in the SEO. Amounts of DSR published in the Federal Register on regulations. Alternative 2 may be less species landed that are in excess of the January 21, 2004 (69 FR 2875), and in costly than Alternative 3 in that maximum amount that may be sold may the preamble of this final rule. fishermen could allow processors to sell not enter commerce, but may be Summary of Significant Issues Raised in the excess DSR and relinquish the retained for personal consumption or Public Comment proceeds to the State. However, donation to charity. Responses to regulation of the disposition of the concerns about conservation of fish No comments were received proceeds from the sale of DSR under stocks are given in the responses to specifically on the IRFA. Several Alternative 2 appears to exceed the comments 2 and 5. See the response to comments were received on the authority granted to NMFS under the comment 3 regarding fisheries proposed rule that were largely Magnuson-Stevens Act. Alternative 3, enforcement. irrelevant to the action, and none the preferred alternative, is discussed in focused on the potential economic Changes from the Proposed Rule detail in the preamble to the proposed impacts of the action. No substantive changes are made in rule and summarized in this final rule. this final rule from the proposed rule. Description and Estimate of Number of Under Alternative 4, fishermen face The headings of paragraphs at Small Entities to Which the Rule Will additional costs for observer coverage, § 679.20(j)(2)(i), (j)(2)(ii), and (j)(2)(iii) Apply including travel and logistical expenses are removed, however, to simplify the The directly regulated entities are for observers, and an additional cost of regulatory text. those vessels taking DSR as incidental about $330/day for 30 percent of days at To reflect the changes made by catch in halibut and groundfish fisheries sea. This alternative would provide new Amendment 63 to the FMP, Table 10 in in Federal waters of the SEO district and information on the status of DSR stocks, the final rule is changed from Table 10 the processors buying the DSR from but would not reduce DSR waste or in the proposed rule. Amendment 63 them. NMFS estimates that 423 vessels reduce the inconsistency between State separated skates from the ‘‘other participated in these fisheries in 2000. and Federal regulations. Using observers species’’ category to the target species Most of these vessels were less than 60 for the DSR incidental catch fishery category to allow for management of feet (18.3 m) in length, fishing with might become more feasible in the skates as a separate target species. The hook-and-line gear and jig gear. Average future in the context of a comprehensive final rule for Amendment 63 was gross revenues for these vessels from the restructuring of the observer program published May 12, 2004 (69 FR 26313). Alaskan halibut and groundfish that would include funding for the Because the proposed rule for DSR fisheries were about $262,000. Average observers so that the entire cost did not retention (January 21, 2004, 69 FR 2875) gross revenues from all fisheries for fall on fishermen. was published before the final rule for these entities are undoubtedly higher, The Council considered but rejected Amendment 63, the proposed rule for because these vessels participate in several other alternatives because they DSR did not include the changes to other fisheries in Alaska. In the years did not appear to be effective solutions Table 10 that became effective with the from 1996 to 2001, between 17 and 26 to the stated goals. Those mentioned in final rule for Amendment 63. To ensure plants bought groundfish in Southeast the EA include: (1) open the directed this final rule for DSR reflects changes Alaska. In 2000, the average gross DSR fishery during halibut IFQ seasons made to Table 10 by the final rule for revenues for these plants were about and require full retention, (2) defer all Amendment 63, Table 10 in the DSR $12 million. NMFS estimates that these management of DSR to the State, and (3) final rule is changed from the DSR fishing and processing operations were implement an IFQ fishery for DSR. The proposed rule to include the separation all ‘‘small entities’’ within the meaning EA also discussed the option of an of skates from the ‘‘other species’’ of the Regulatory Flexibility Act. exempted fishing permit (EFP) category. conducted in order to obtain bycatch A typographical error in Table 10 is Description of Projected Reporting, data. However, although such a program also corrected by this final rule. A ‘‘na9’’ Recordkeeping, and Other Compliance might allow more flexibility in design, is added to the cell at the intersection Requirements it would depend on voluntary of the sablefish column and row. This This rule will impose no new participation, and would therefore not addition shows that the incidental catch recordkeeping requirements on enable the State to obtain a full census.
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This rule contains collection-of- Small Entity Compliance Guide (j) Full retention of Demersal Shelf information requirements subject to the Rockfish (DSR) in the Southeast Outside Paperwork Reduction Act (PRA) that Affected commercial fishermen will District of the GOA (SEO)—(1) Retention have been approved by the Office of be in compliance with this rule if they and landing requirements. The operator Management and Budget (OMB). These retain all DSR they catch incidental to of a catcher vessel that is required to collections are provided below by OMB fishing for other groundfish and Pacific have a Federal fisheries permit, or that control number: halibut. Further, these fishermen may harvests IFQ halibut with hook and line not sell their incidental harvest of DSR OMB No. 0648–0206 Public reporting or jig gear, must retain and land all DSR if it is in excess of 10 percent of the that is caught while fishing for burden is estimated to average 21 aggregate round weight equivalent of minutes for a Federal Fisheries Permit groundfish or IFQ halibut in the SEO. IFQ halibut and groundfish species, (2) Disposal of DSR when closed to application and 20 minutes for a Federal other than sablefish, that are landed Processor Permit application. directed fishing. When DSR is closed to during the same fishing trip, or if it is directed fishing in the SEO, the operator OMB No. 0648–0213 This collection in excess of 1 percent of the aggregate of a catcher vessel that is required to contains the recordkeeping and round weight equivalent of IFQ have a Federal fisheries permit under reporting forms and logbooks in which sablefish that are landed during the § 679.4 (b), or the manager of a species, including DSR, are recorded same fishing trip. Copies of the final shoreside processor that is required to and reported. Total public reporting rule are available from NMFS (see have a Federal processor permit under burden for this family of forms is ADDRESSES) and at the following § 679.4(f), must dispose of DSR retained estimated at 32,329 hours. This estimate website: http:/www.fakr.noaa.gov. and landed in accordance with covers all forms of logbooks, and is not List of Subjects in 50 CFR Part 679 paragraph (j)(1) of this section as necessarily indicative of the burden follows: associated with those to whom this rule Alaska, Fisheries, Recordkeeping and (i) A person may sell, barter, or trade applies. No measurable increase in reporting requirements. a round weight equivalent amount of burden is associated with this final rule Dated: November 18, 2004. DSR that is less than or equal to 10 because activity under this final rule is Rebecca Lent, percent of the aggregate round weight included in the existing collection. Deputy Assistant Administrator for equivalent of IFQ halibut and The estimated response times shown Regulatory Programs, National Marine groundfish species, other than sablefish, include the time to review instructions, Fisheries Service. that are landed during the same fishing search existing data sources, gather and ■ For reasons set out in the preamble, 50 trip. maintain the data needed, and complete CFR part 679 is amended as follows: (ii) A person may sell, barter, or trade and review the collection of a round weight equivalent amount of information. Send comments regarding PART 679—FISHERIES OF THE DSR that is less than or equal to 1 this burden estimate, or any other aspect EXCLUSIVE ECONOMIC ZONE OFF percent of the aggregate round weight of this data collection, including ALASKA equivalent of IFQ sablefish that are suggestions for reducing the burden, to landed during the same fishing trip. NMFS (see ADDRESSES) and by e-mail to ■ 1. The authority citation for part 679 (iii) Amounts of DSR retained by [email protected], or fax to 202– continues to read as follows: catcher vessels under paragraph (j)(1) of 395–7285. Authority: 16 U.S.C. 773 et seq., 1801 et this section that are in excess of the Notwithstanding any other provision seq., and 3631 et seq.; 16 U.S.C. 1540(f); Pub. limits specified in paragraphs (j)(2)(i) of the law, no person is required to L. 105–277, Title II of Division C; Pub L. 106– and (ii) may be put to any use, including respond to, nor shall any person be 31, Sec. 3027; and Pub L. 106–554, Sec. 209. but not limited to personal consumption subject to a penalty for failure to comply ■ 2. In § 679.20, paragraph (j) is added to or donation, but must not enter with, a collection of information subject read as follows: commerce through sale, barter, or trade. to the requirements of the PRA, unless ■ 3. In 50 CFR part 679, Table 10 is that collection of information displays a § 679.20 General limitations. revised as follows: currently valid OMB Control Number. * * * * * BILLING CODE 3510–22–S
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[FR Doc. 04–25960 Filed 11–22–04; 8:45 am] BILLING CODE 3510–22–C
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Proposed Rules Federal Register Vol. 69, No. 225
Tuesday, November 23, 2004
This section of the FEDERAL REGISTER An informal docket may also be The Proposal contains notices to the public of the proposed examined during normal business hours The FAA is considering an issuance of rules and regulations. The at the Office of the Western En Route amendment to 14 CFR part 71 by purpose of these notices is to give interested and Oceanic Operations, Federal establishing a Class E airspace at persons an opportunity to participate in the Aviation Administration, 1601 Lind rule making prior to the adoption of the final Mariposa-Yosemite Airport, Mariposa, Avenue, SW., Renton, WA, 98055. rules. CA. New RNAV (GPS) SIAPs at SUPPLEMENTARY INFORMATION: Mariposa-Yosemite Airport requires additional controlled airspace extending Comments Invited DEPARTMENT OF TRANSPORTATION upward from 700 feet above the surface. This airspace is needed to contain Federal Aviation Administration Interested parties are invited to participate in this proposed rulemaking aircraft and provide adequate controlled airspace for aircraft executing the new 14 CFR Part 71 by submitting such written data, views, or arguments, as they may desire. IFR approaches at Mariposa-Yosemite [Docket FAA–2004–19084; Airspace Docket Comments that provide the factual basis Airport, Mariposa, CA. 04–ANM–08] supporting the views and suggestions Class E airspace designations are presented are particularly helpful in published in paragraph 6005 of FAA Proposed Establishment of Class E developing reasoned regulatory Order 7400.9M dated August 30, 2004, Airspace, Mariposa, CA decisions on the proposal. Comments and effective September 16, 2004, which AGENCY: Federal Aviation are specifically invited on the overall is incorporated by reference in 14 CFR Administration (FAA), DOT. regulatory, aeronautical, economic, part 71.1. The Class E airspace ACTION: Notice of Proposed Rule Making environmental, and energy-related designation listed in this document (NPRM). aspects of the proposal. would be published subsequently in Communications should identify both this Order. SUMMARY: This action would establish docket numbers and be submitted in The FAA has determined that this Class E airspace at Mariposa-Yosemite triplicate to the address listed above. proposed regulation only involves an Airport, Mariposa, CA. New Area Commenters wishing the FAA to established body of technical Navigation (RNAV) Global Positioning acknowledge receipt of their comments regulations for which frequent and System (GPS) Standard Instrument on this notice must submit with the routine amendments are necessary to Approach Procedures (SIAPs) has made comments a self-addressed, stamped keep them operationally current. this proposal necessary. Additional postcard on which the following Therefore, this proposed regulation: (1) controlled airspace extending upward statement is made: ‘‘Comments to is not a ‘‘significant regulatory action’’ from 700 feet or more above the surface Docket FAA–2004–19084, Airspace under Executive Order 12866; (2) is not of the earth is needed to contain aircraft Docket 04–ANM–08.’’ The postcard will a ‘‘significant rule’’ under DOT executing the RNAV (GPS) SIAPs at be date/time stamped and returned to Regulatory Policies and Procedures (44 Mariposa-Yosemite Airport. This action the commenter. FR 11034, February 26, 1979); and (3) is necessary for the safety of aircraft does not warrant preparation of a Availability of NPRM executing Instrument Flight Rules (IFR) regulatory evaluation as the anticipated operations at Mariposa-Yosemite An electronic copy of this document impact is so minimal. Since this is a Airport, Mariposa, CA. may be downloaded through the routine matter that will only affect air DATES: Comments must be received on Internet at http://dms.dot.gov. Recently traffic procedures and air navigation, it or before January 7, 2005. published rulemaking documents can is certified that this proposed rule ADDRESSES: Send comments on this also be accessed through the FAA’s Web would not have a significant economic proposal to the Docket Management page at http://www.faa.gov or the impact on a substantial number of small System, U.S. Department of Superintendent of Document’s Web entities under the criteria of the Transportation, Room Plaza 401, 400 page at http://www.access.gpo.gov/nara. Regulatory Flexibility Act. Seventh Street, SW., Washington, DC Additionally, a copy of this notice List of Subjects in 14 CFR Part 71 20590–0001. You must identify the may be obtained by submitting a request docket number FAA–2004–19084, to the Federal Aviation Administration, Airspace, Incorporation by reference, Airspace Docket 03–ANM–08, at the Airspace and Rules Division, 800 Navigation (air). beginning of your comments. You may Independence Avenue, SW., Adoption of the Amendment also submit comments on the Internet at Washington, DC 20591, or by calling In consideration of the foregoing, the http://dms.dot.gov. You may review the (202) 267–8783. Communications must Federal Aviation Administration public docket containing the proposal, identify both document numbers for this amends 14 CFR part 71 as follows: any comments received, and any final notice. Persons interested in being dispositions in person in the Docket placed on a mailing list for future PART 71—DESIGNATION OF CLASS A, Office between 9 a.m. to 5 p.m., Monday NPRM’s should contact the FAA’s CLASS B, CLASS C, CLASS D, AND through Friday, excpet federal holidays. Office of Rulemaking, (202) 267–9677, CLASS E AIRSPACE AREAS; ROUTES; The Docket Office (telephone 1–800– to request a copy of Advisory Circular AND REPORTING POINTS 647–5527) is on the plaza level of the No. 11–2A, Notice of Proposed Department of Transportation NASSIF Rulemaking Distribution System, which 1. The authority citation for 14 CFR Building at the above address. describes the application procedures. part 71 continues to read as follows:
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§ 71.1 [Amended] Docket No. 03–AEA–11, at the Federal Register’s Web page at http:// 2. The incorporation by reference in beginning of your comments. You may www.gpoaccess.gov/fr/index.html. 14 CFR part 71.1 of the Federal Aviation also submit comments on the Internet at You may review the public docket Administration Order 7400.9M, http://dms.dot.gov. containing the proposal, any comments Airspace Designations and Reporting FOR FURTHER INFORMATION CONTACT: Paul received, and any final disposition in Points, dated August 30, 2004, and Gallant, Airspace and Rules, Office of person in the Dockets Office (see Effective, September 16, 2004, is System Operations and Safety, Federal ADDRESSES section for address and amended as follows Aviation Administration, 800 phone number) between 9 a.m. and 5 Paragraph 6005 Class E airspace areas Independence Avenue, SW., p.m., Monday through Friday, except extending upward from 700 feet or more Washington, DC 20591; telephone: (202) Federal holidays. An informal docket above the surface of the earth. 267–8783. may also be examined during normal * * * * * SUPPLEMENTARY INFORMATION: business hours at the office of the Regional Air Traffic Division, Federal ANM CA E5 Mariposa, CA [NEW] Comments Invited Aviation Administration, 159–30 Mariposa-Yosemite Airport Rockaway Boulivard, Jamaica, NY ° ′ ″ ° ′ ″ Interested parties are invited to (Lat. 37 30 65 N., long. 120 02 37 W.) participate in this proposed rulemaking 11434–4848. That airspace extending upward from 700 by submitting such written data, views, Persons interested in being placed on feet above the surface of the earth within a or arguments, as they may desire. a mailing list for future NPRM’s should 6.5 mile radius of the Mariposa-Yosemite contact the FAA’s Office of Rulemaking, Airport. Comments that provide the factual basis supporting the views and suggestions (202) 267–9677, for a copy of Advisory * * * * * presented are particularly helpful in Circular No. 11–2A, Notice of Proposed Issued in Seattle, Washington, on October developing reasoned regulatory Rulemaking Distribution System, which 8, 2004. decisions on the proposal. Comments describes the application procedure. ˜ Raul C. Trevino, are specifically invited on the overall History Area Director, Western En Route and Oceanic regulatory, aeronautical, economic, Operations. environmental, and energy-related On September 5, 2002, the New York [FR Doc. 04–25885 Filed 11–22–04; 8:45 am] aspects of the proposal. Air Route Traffic Control Center BILLING CODE 4910–13–M Communications should identify both (ARTCC) requested an airway be docket numbers (FAA Docket No. FAA– established to accommodate air traffic 19422 and Airspace Docket No. 03– transiting from the New England area to DEPARTMENT OF TRANSPORTATION AEA–11) and be submitted in triplicate Newark Liberty International Airport to the Docket Management System (see and its satellites. This action responds Federal Aviation Administration ADDRESSES section for address and to this request. phone number). You may also submit The Proposal 14 CFR Part 71 comments through the Internet at [Docket No. FAA–19422; Airspace Docket http://dms.dot.gov. The FAA is proposing an amendment No. 03–AEA–11] Commenters wishing the FAA to to Title 14 Code of Federal Regulations acknowledge receipt of their comments (14 CFR) part 71 (part 71) to establish RIN 2120–AA66 on this action must submit with those V–623 in the vicinity of Newark, NJ; between the Sparta, NJ; VORTAC and Proposed Establishment of VOR comments a self-addressed, stamped the Carmel, NY; VOR/DME. The Federal Airway 623 (V–623) postcard on which the following statement is made: ‘‘Comments to FAA proposed airway would enhance the AGENCY: Federal Aviation Docket No. FAA–19422 and Airspace management of aircraft transiting from Administration (FAA), DOT. Docket No. 03–AEA–11.’’ The postcard the New England area to airports in the ACTION: Notice of proposed rulemaking will be date/time stamped and returned Newark, NJ, area. (NPRM). to the commenter. The FAA has determined that this All communications received on or proposed regulation only involves an SUMMARY: This action proposes to before the specified closing date for established body of technical establish Federal Airway 623 (V–623) comments will be considered before regulations for which frequent and between the Sparta, NJ, Very High taking action on the proposed rule. The routine amendments are necessary to Frequency Omnidirectional Range proposal contained in this action may keep them operationally current. Tactical Air Navigation (VORTAC) and be changed in light of comments Therefore, this proposed regulation: (1) the Carmel, NY, Very High Frequency received. All comments submitted will Is not a ‘‘significant regulatory action’’ Omnidirectional Range/Distance be available for examination in the under Executive Order 12866; (2) is not Measuring Equipment (VOR/DME). The public docket both before and after the a ‘‘significant rule’’ under Department of purpose of the proposed airway is to closing date for comments. A report Transportation (DOT) Regulatory enhance the management of aircraft summarizing each substantive public Policies and Procedures (44 FR 11034; transiting from the New England area to contact with FAA personnel concerned February 26, 1979); and (3) does not airports in the Newark, NJ area. with this rulemaking will be filed in the warrant preparation of a regulatory DATES: Comments must be received on docket. evaluation as the anticipated impact is or before January 7, 2005. so minimal. Since this is a routine ADDRESSES: Send comments on this Availability of NPRM’s matter that will only affect air traffic proposal to the Docket Management An electronic copy of this document procedures and air navigation, it is System, U.S. Department of may be downloaded through the certified that this proposed rule, when Transportation, Room Plaza 401, 400 Internet at http://dms.dot.gov. Recently promulgated, will not have a significant Seventh Street, SW., Washington, DC published rulemaking documents can economic impact on a substantial 20590–0001. You must identify FAA also be accessed through the FAA’s Web number of small entities under the Docket No. FAA–19422 and Airspace page at http://www.faa.gov, or the criteria of the Regulatory Flexibility Act.
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List of Subjects in 14 CFR Part 71 projects. These proposed regulations are bring Alaskan natural gas to markets in Airspace, Incorporation by reference, intended to fulfill the Commission’s Alaska and in the lower 48 states will Navigation (air). responsibilities to issue open season help ensure that the nation has adequate regulations under section 103 of the supplies of natural gas at reasonable The Proposed Amendment Alaska Natural Gas Pipeline Act (the prices.1 To this end, the Act charges the In consideration of the foregoing, the Act), enacted on October 13, 2004. Commission with the responsibility of Federal Aviation Administration Section 103(e)(1) of the Act directs the implementing an expedited approval proposes to amend 14 CFR part 71 as Commission, within 120 days from process consistent with the Act. The Act follows: enactment of the Act, to promulgate specifically directs the Commission to regulations governing the conduct of prescribe the rules which will apply to PART 71—DESIGNATION OF CLASS A, open seasons for Alaska natural gas any open season held for the purpose of B, C, D, AND E AIRSPACE AREAS; AIR transportation projects, including soliciting interest in, or making binding TRAFFIC SERVICE ROUTES; AND procedures for allocation of capacity. commitments to the acquisition of REPORTING POINTS According to section 103(e)(2) of the capacity on, any Alaska natural gas Act, these regulations must include the transportation project, including the 1. The authority citation for part 71 criteria for and timing of any open criteria for allocating capacity among continues to read as follows: season, promote competition in the competing bidders. Authority: 49 U.S.C. 106(g), 40103, 40113, exploration, development, and 2. To date, it has been the 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– production of Alaska natural gas, and Commission’s policy, developed 1963 Comp., p. 389. for any open seasons for capacity through its orders and opinions, that all new interstate pipeline construction be § 71.1 [Amended] exceeding the initial capacity, provide preceded by a non-discriminatory, non- 2. The incorporation by reference in for the opportunity for the transportation of natural gas other than preferential ‘‘open season’’ process 14 CFR 71.1 of FAA Order 7400.9M, through which potential shippers may Airspace Designations and Reporting from the Prudhoe Bay and Point Thomson units. seek and obtain firm capacity rights. Points, dated August 30, 2004, and Congress has determined that it is DATES: Comments are due on December effective September 16, 2004, is necessary to supplant Commission 17, 2004. amended as follows: policy with specific regulations ADDRESSES: Comments may be filed governing the conduct of open seasons Paragraph 6010(a) Domestic VOR Federal electronically via the eFiling link on the for an Alaska natural gas transportation Airways. Commission’s Web site at http:// project in order to take into account the * * * * * www.ferc.gov. Commenters unable to tremendous cost, long lead-time, and V–623 [New] file comments electronically must send environmental sensitivities that are ° an original and 14 copies of their unique to such a project. In this regard, From Carmel, NY; INT Carmel 275 (M) comments to: Federal Energy Regulatory 263°(T) and Sparta, NJ 039°(M) 028°(T) Congress has emphasized that the radials; Sparta. Commission, Office of the Secretary, Commission’s regulations are to be 888 First Street NE., Washington, DC, * * * * * designed to promote competition in the 20426. Refer to the Comment exploration, development, and Issued in Washington, DC, on November Procedures section of the preamble for production of Alaska natural gas and, as 16, 2004. additional information on how to file to any open season for expansion of the Reginald C. Matthews, comments. initial capacity of any Alaska natural gas Manager, Airspace and Rules. FOR FURTHER INFORMATION CONTACT: transportation project, the Commission’s [FR Doc. 04–25881 Filed 11–22–04; 8:45 am] Whit Holden, Office of the General regulations are to specifically provide BILLING CODE 4910–13–P Counsel, Federal Energy Regulatory the opportunity for gas other than Commission, 888 First Street, NE., Prudhoe Bay and Point Thomson Washington, DC 20426, (202) 502–8089, production to have access to the DEPARMENT OF ENERGY [email protected]. pipeline. 3. In summary, the Commission sees SUPPLEMENTARY INFORMATION: Federal Energy Regulatory as its goal the creation of an open season Commission Notice of Proposed Rulemaking process that provides non- discriminatory access to capacity on any I. Introduction 18 CFR Part 157 Alaska natural gas transportation project 1. The Alaska Natural Gas Pipeline while, at the same time, ensuring [Docket No. RM05–1–000] Act became law on October 13, 2004. sufficient economic certainty to support Regulations Governing the Conduct of Under the Act, Congress mandated the the construction of the pipeline and Open Seasons for Alaska Natural Gas expedited processing by the Transportation Projects Commission of any application for an 1 Secretary of Energy Spencer Abraham, in Alaska natural gas transportation requesting the National Petroleum Council (NPC) to project, namely any natural gas pipeline undertake a study of natural gas in the United November 15, 2004. States in the 21st century, sought ‘‘the NPC’s advice AGENCY: Federal Energy Regulatory system that carries natural gas derived on actions that can be taken by industry and Commission. from that portion of Alaska lying north Government to increase the productivity and of 64 degrees north latitude to the efficiency of North American natural gas markets ACTION: Notice of Proposed Rulemaking. and to ensure adequate and reliable supplies of border between Alaska and Canada. The energy for consumers.’’ The NPC’s resulting report SUMMARY: The Federal Energy new law recognizes the importance of found that the solution includes accessing ‘‘gas Regulatory Commission is proposing to our Alaskan natural gas resources in resources from previously inaccessible areas of the amend its regulations to establish meeting the rapidly rising demand for United States and gas from the Arctic.’’ Balancing Natural Gas Policy—Fueling the Demands of a requirements governing the conduct of natural gas in the United States. The Growing Economy, A Report of the National open seasons for proposals to construct timely development of an Alaska Petroleum Council, at 7 (Sept. 25, 2003) (NPC Alaska natural gas transportation natural gas transportation project to Report).
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thereby provide a stimulus for requested and ordered pursuant to Commission recognizes in this section exploration, development and section 105 of the Act. that a potential applicant for an Alaska production of Alaska natural gas. 8. Although the Commission is natural gas transportation project might 4. Congress has also given the authorized in section 105(e) to issue find it necessary or appropriate to Commission the statutory authority to regulations governing expansions initiate an open season before some of require an expansion of an Alaska requested under section 105(a), that the information can be determined. natural gas transportation project to authorization is separate from the Indeed, the Commission understands address the circumstance where authority granted the Commission in that in a given situation, such additional capacity is required but the section 103(e) to issue regulations for information cannot be reasonably pipeline owners have not committed to open seasons. Moreover, the determined until after an open season is expand the system on a timely basis. Commission is directed to issue the held. The Commission can envision, for Consequently, section 105(a) of the Act section 103(e) regulations within 120 instance, a situation where a authorizes the Commission, upon the days from the date of issuance of the prospective project sponsor might first request of one or more persons, and Act, whereas the Commission is not conduct a non-binding open season as a upon the satisfaction of certain statutory under any time constraints in manner of gathering information and criteria, to order the expansion of any considering the need for any regulations assessing demand, on the basis of which Alaska natural gas transportation to carry out its responsibilities under the sponsor would then be able to project. Section 105(e) authorizes the section 105. Therefore, the Commission conduct a second, binding open season Commission to issue such regulations as is focusing solely on those issues containing information sufficiently are necessary to fulfill this relevant to open seasons under section detailed to permit prospective shippers 103 of the Act at this time. However, the responsibility. While the Commission to enter into binding precedent proposed section 157.32 leaves open the may issue such regulations in the future, agreements. possibility that the requirements of this the regulations which are the subject of 12. The proposed list of information this rulemaking pertain solely to open subpart might, in a given case, have application or be suited to an expansion contained in proposed section 157.34(b) seasons for initial capacity or expansion ordered under section 105 of the Act. is intentionally inclusive. In this area, as capacity other than expansion capacity 9. Proposed section 157.33 requires well as others, the Commission is ordered pursuant to section 105 of the that any application for a certificate of soliciting comments received in Act. public convenience and necessity for a response to this Notice of Proposed II. Summary of Proposed Regulations proposed Alaska natural gas Rulemaking to fashion a final rule that transportation project include a showing meets the Commission’s goal which is, 5. Proposed section 157.30 sets out that the applicant conducted an open as stated above, to create an open season the purpose of Subpart B. That purpose season for capacity on its proposed process that provides non- is to prescribe rules for the conduct of project that fully complies with the discriminatory access to capacity on any any open season on any Alaska natural requirements of this subpart. To ensure Alaska natural gas transportation project gas transportation project. Section compliance with this requirement, while, at the same time, ensuring 103(e)(2) of the Act provides that these proposed section 157.33 provides that sufficient economic certainty to support regulations must include the criteria for any application lacking such a showing the construction of the pipeline and and timing of any open season, promote will be dismissed as deficient. thereby provide a stimulus for competition in the exploration, 10. Proposed section 157.34 sets forth exploration, development and development, and production of Alaska the criteria for and timing of any open production of Alaska natural gas. natural gas, and, for any open seasons season for an Alaska natural gas 13. Proposed section 157.34(c) for capacity exceeding the initial transportation project. Proposed section provides that an open season for an capacity, provide for the opportunity for 157.34(a) provides for public notice of Alaska natural gas transportation project the transportation of natural gas other an open season at least 30 days prior to than from the Prudhoe Bay and Point the commencement of the open season must remain open for a period of at least Thomson units.2 through methods including postings on 90 days. This minimum 90-day period for prospective shippers to examine the 6. Proposed section 157.31 defines the Internet websites, press releases, direct open season materials and make service terms ‘‘Alaska natural gas transportation mail solicitations, and other advertising. requests to the pipeline is intended to project’’ and ‘‘Commission’’ consistent The Commission believes that such establish some parity among shippers, with definitions provided in the Act. prior notice would serve several purposes. First, it would reduce, if not given that certain shippers, primarily 7. Proposed section 157.32 provides 3 eliminate, any advantage that one the ‘‘anchor shippers,’’ may have had that regulations proposed will apply to advance information relating to the any application to the Commission for potential shipper might have as a result of prior knowledge of the open season. pipeline’s proposed services, tariff a certificate of public convenience and provisions, and cost projections. Ninety necessity or other authorization for an Second, it would afford both project sponsors and prospective shippers a days is proposed as an adequate amount Alaska natural gas transportation of time in which to conduct a reasoned project, whether filed pursuant to the period of time prior to the actual open season period in which they can address evaluation of the open season materials Natural Gas Act, the Alaska Natural Gas and to help level the playing field. The Transportation Act of 1976 (15 U.S.C. and possibly resolve any questions or problems regarding the terms and Commission considers this provision 719 et seq.), or the Alaska Natural Gas essential to ensuring that the Pipeline Act, and to applications for conditions of the open season. Third, it would afford potential shippers time to Commission’s regulations promote expansion of such projects, other than competition in the exploration, expansions of Alaska natural gas prepare submissions in response to the transportation projects that are open season. 11. Proposed section 157.34(b) lists 3 ‘‘Anchor shipper(s)’’ as used in the natural gas industry means one or a very few shippers with 2 The Prudhoe Bay and Point Thomson units are the information that any notice of open very large, significant volumes of natural gas that gas fields located on Alaska’s North Slope with a season for an Alaska natural gas will fully financially support the initial design and total of approximately 35 Tcf of known gas reserves. transportation project must contain. The cost of a project.
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development, and production of Alaska resolution of objections or concerns transportation project to ancillary natural gas. regarding any open season for an Alaska services involving the treatment of gas natural gas transportation project? to meet specified gas quality III. Public Comment and Expedited (2) Should the Commission issue requirements or allocating capacity at a Procedures regulations now, pursuant to section gas treatment plant or other facility? 14. The Act mandates that the 105 of the Alaska Natural Gas Pipeline IV. Information Collection Statement Commission issue regulations Act, with respect to the Commission’s implementing the open season authority to require expansion of any 16. The Office of Management and requirements within 120 days of the Alaska natural gas transportation Budget (OMB) regulations require that date of its enactment. Congress and the project? If so, should those regulations OMB approve certain reporting, record Commission consider the promulgation deal with the rate treatment (rolled-in or keeping, and public disclosure of these regulations to be a matter of incremental) of any such expansion? (collections of information) imposed by critical importance to the construction (3) Should the Commission allow pre- an agency.4 The following information and development of, and access to, an subscribed, reserved capacity such as collection requirements contained in Alaska natural gas transportation was allowed in connection with open this proposed rule are being submitted project. Therefore, the Commission seasons for certain new Outer to the Office of Management and Budget intends to promulgate final regulations Continental Shelf pipeline facilities? (OMB) for review under section 3507(d) by February 10, 2005. To that end, See, e.g., Garden Banks Gas Pipeline, of the Paperwork Reduction Act of public comments on this notice are due LLC, 78 FERC ¶ 61,066 (1997); Green 1995.5 FERC identifies the information on December 17, 2004. The Commission Canyon Pipe Line Co., 47 FERC ¶ 61,310 disclosed under Part 157 as FERC–537. will carefully weigh and consider all (1989)? The Commission has submitted this public comments received. (4) Congress has made expressly clear information collection to OMB for 15. In addition to seeking comments that the open season rules must promote review and clearance under emergency on the proposed rules contained herein, competition in the exploration, processing procedures.6 OMB approval the Commission seeks comments on the development, and production of Alaska has been requested by December 31, following questions: natural gas. Commenters are invited to 2004. (1) Should the Commission require discuss whether, and to what extent, 17. Comments are solicited on the that prospective applicants for Alaska any tension may exist between this Commission’s need for this information, natural gas transportation projects, mandated purpose and the application whether the information will have before conducting open seasons, file of existing Commission policies to the practical utility, the accuracy of the with the Commission proposals for how open season rules due to circumstances provided burden estimates, ways to the open seasons will be conducted? If unique to access to capacity on any enhance the quality, utility, and clarity so, should the proposals be filed for Alaska natural gas transportation of the information to be collected, and notice and comment, or for a decision project. any suggested methods for minimizing or pre-determination by the Commission (5) To what extent should the respondent’s burden, including the use that such proposals conform to the Commission’s open season regulations of automated information techniques. regulations? What other procedures are address the issues of tying the receipt of The burden estimates for complying suitable to facilitate the expeditious capacity on any Alaska natural gas with this rule are as follows:
Number of Number of Hours per Total annual Data collection respondents responses response hours
FERC–537 ...... 30 1 80 2400
Totals ...... 2400
Total Annual Hours for Collection: Respondents: Business or other for because the use of normal clearance 2400 hrs. These are mandatory profit. procedures is reasonably likely to cause information collection requirements. Frequency of Responses: One-time a statutory ordered deadline to be Information Collection Costs: The implementation. missed. The proposed rule revises the Commission seeks comments on the Necessity of Information: On October reporting requirements contained in 18 cost to comply with these requirements. 13, 2004, Congress enacted the Alaska CFR Part 157. Specifically, the Alaska It has projected the average annualized Natural Gas Pipeline Act. Section Natural Gas Pipeline Act authorized the 103(e)(1) of the Act directs the cost for all respondents to be $139,000 Commission to expedite application for × Commission to issue regulations within (2400 $58.00). any natural gas transportation projects Title: FERC–537 ‘‘Gas Pipeline 120 days from the enactment of the Act. that carries gas derived from that Certificates: Construction, Acquisition Congress and the Commission consider portion of Alaska lying north of 64 and Abandonment.’’ the issuance of these regulations to be Action: Proposed Information of critical importance to the degree north latitude to the border Collection. construction and development of and between Alaska and Canada. OMB Control Nos.: 1902–0060. The access to Alaska natural gas Specifically, the Commission is applicant shall not be penalized for transportation projects. The proposing rules to establish open failure to respond to this collection of Commission must issue a final rule by seasons to accept bids for capacity on information unless the collection of February 10, 2005. The Commission any Alaska natural gas transportation information displays a valid OMB seeks emergency processing of this project. The Alaska Natural Gas Pipeline control number. proposed information collection Act regulations must (1) include the
4 5 CFR 1320.11. 5 44 U.S.C. 3507(d). 6 5 CFR 1320.13.
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criteria for and timing of any open proposed rule establishes requirements serve copies of their comments on other season, (2) promote competition in the governing the conduct of open seasons commenters. exploration, development and for proposals to construct Alaska natural VIII. Document Availability production of Alaska natural gas, and gas transportation projects and does not (3) for any open seasons for capacity substantially change the effect of the 26. In addition to publishing the full exceeding the initial capacity, provide underlying legislation or regulations text of this document in the Federal for the opportunity for the being revised. Register, the Commission provides all transportation of natural gas other than interested persons an opportunity to from Prudhoe Bay and Point Thomson. VI. Regulatory Flexibility Act Statement view and/or print the contents of this Internal Review: The Commission has 21. The Regulatory Flexibility Act of document via the Internet through assured itself, by means of internal 1980 (RFA) 9 generally requires a FERC’s Home Page (http://www.ferc.gov) review, that there is specific, objective description and analysis of final rules and in FERC’s Public Reference Room support for the burden estimates that will have significant economic during normal business hours (8:30 a.m. associated with the information impact on a substantial number of small to 5 p.m. eastern time) at 888 First requirements. The Commission’s Office entities. The Commission is not Street, NE., Room 2A, Washington DC of Energy Projects will review the data required to make such an analysis if a 20426. included in the application to determine rule would not have such an effect. 27. From FERC’s Home Page on the whether the proposed facilities are in 22. The Commission concludes that Internet, this information is available in the public interest as well as for general this rule would not have such an impact the Commission’s document industry oversight. This determination on small entities. Most companies management system, eLibrary. The full involves, among other things, an regulated by the Commission do not fall text of this document is available on examination of adequacy of design, cost, within the RFA’s definition of a small eLibrary in PDF and Microsoft Word reliability, redundancy, safety and entity.10 format for viewing, printing, and/or environmental acceptability of the downloading. To access this document proposed facilities. These requirements VII. Comment Procedures in eLibrary, type the docket number conform to the Commission’s plan for 23. The Commission invites interested excluding the last three digits of this efficient information collection, persons to submit comments on the document in the docket number field. communication and management within matters and issues proposed in this 28. User assistance is available for the natural gas industry. notice to be adopted, including any eLibrary and the FERC’s Web site during 18. Interested persons may obtain related matters or alternative proposals normal business hours. For assistance, information on the reporting that commenters may wish to discuss. please contact FERC Online Support at requirements by contacting the Comments are due on December 17, 1–866–208–3676 (toll free) or 202–502– Commission, as follows: Federal Energy 2004. Comments must refer to Docket 6652 (e-mail at Regulatory Commission, 888 First No.RM05–1 and must include the [email protected]), or the Street, NE, Washington, D.C. 20426 commenter’s name, the organization Public Reference Room at 202–502– (Attention: Michael Miller, Office of the they represent, if applicable, and their 8371, TTY (202) 502–8659 (e-mail at Executive Director, 202–502–8415, fax: address in their comments. Comments [email protected]). 202–273–0873), e-mail: [email protected]. may be filed either in electronic or List of Subjects in 18 CFR Part 157 19. For submitting comments paper format. Administrative practice and concerning the collection of information 24. Comments may be filed procedure; Natural gas; Reporting and and the associated burden estimate(s)s electronically via the eFiling link on the recordkeeping requirements. including suggestions for reducing this Commission’s web site at http:// www.ferc.gov. The Commission accepts By direction of the Commission. burden, please send your comments to Magalie R. Salas, the contact listed above and to the most standard word processing formats Secretary. Office of Management and Budget, and commenters may attach additional Room 10202 NEOB, 725 17th Street, files with supporting information in In consideration of the foregoing, the NW., Washington, DC 20503 (Attention: certain other file formats. Commenters Commission proposes to amend Part Desk Officer for the Federal Energy filing electronically do not need to make 157, Chapter I, Title 18, Code of Federal Regulatory Commission, 202–395–4650, a paper filing. Commenters that are not Regulations, as follows. fax: 202–395–7285). able to file comments electronically must send an original and 14 copies of PART 157—APPLICATIONS FOR V. Environmental Analysis their comments to: Federal Energy CERTIFICATES OF PUBLIC 20. The Commission is required to Regulatory Commission, Office of the CONVENIENCE AND NECESSITY AND prepare an Environmental Assessment Secretary, 888 First Street NE., FOR ORDERS PERMITTING AND or an Environmental Impact Statement Washington, DC, 20426. APPROVING ABANDONMENT UNDER for any action that may have a 25. All comments will be placed in SECTION 7 OF THE NATURAL GAS significant adverse effect on the human the Commission’s public files and may ACT 7 environment. No environmental be viewed, printed, or downloaded 1. The authority citation for part 157 consideration is raised by the remotely as described in the Document continues to read as follows: promulgation of a rule that is procedural Availability section below. Commenters Authority: 15 U.S.C. 717–717w. in nature or does not substantially on this proposal are not required to change the effect of legislation or 2. Subpart B is added to Part 157 to 8 regulations being amended. The 9 5 U.S.C. 601–612. read as follows: 10 5 U.S.C. 601(3), citing to section 3 of the Small Subpart B—Open Seasons for Alaska 7 Order No. 486, Regulations Implementing the Business Act, 15 U.S.C. 623. Section 3 of the Small Natural Gas Transportation Projects National Environmental Policy Act, 52 FR 47897 Business Act defines a ‘‘small-business concern’’ as (Dec. 17, 1987), FERC Stats. & Regs. Preambles a business which is independently-owned and Sec. 1986–1990 ¶ 30,783 (1987). operated and which is not dominant in its field of 157.30 Purpose. 8 18 CFR 380.4(a)(2)(ii) (2004). operation. 157.31 Definitions.
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157.32 Applicability. Coordinator for Alaska Natural Gas capacity and design, proposed tariff 157.33 Requirement for open season. Transportation Projects. provision, and cost projections, made 157.34 Notice of open season. (b) Contents of Notice. Notice of the available to or in the hands of any 157.35 Capacity allocation. open season shall contain at least the potential shipper, including any 157.36 Open season for expansion. following information, to the extent that affiliates of the project sponsor and any Subpart B—Open seasons for Alaska such information is known or shippers with pre-subscribed capacity, Natural Gas Transportation Projects determined at the time the notice is prior to the issuance of the public notice issued: of open season. § 157.30 Purpose. (1) The general route of the proposed (c) Timing. A prospective applicant This subpart establishes the project, including receipt and delivery must provide prospective shippers at procedures for conducting open seasons points, and any alternative routes under least 90 days from the date on which for Alaska natural gas transportation consideration; notice of the open season is given projects, as defined herein. (2) Size and design capacity within which to submit requests for (including proposed certificate capacity transportation services. § 157.31 Definitions. to the extent that it differs from design (a) ‘‘Alaska natural gas transportation capacity), and any estimated phase-in § 157.35 Capacity allocation. project’’ means any natural gas pipeline dates for capacity beyond initial Capacity allocated as a result of any system that carries Alaska natural gas to capacity; open season shall be awarded without the border between Alaska and Canada (3) Maximum allowable operating undue discrimination or preference of (including related facilities subject to pressure and expected actual operating any kind. the jurisdiction of the Federal Energy pressure; § 157.36 Open seasons for expansions. Regulatory Commission). (4) Delivery pressure; (b) ‘‘Commission’’ means the Federal (5) Projected in-service date; Any open season for capacity Energy Regulatory Commission. (6) An estimated unbundled exceeding the initial capacity of an transportation rate, stated on an MMBtu Alaska natural gas transportation project § 157.32 Applicability. basis, for each service offered, including must provide the opportunity for the These regulations shall apply to any reservation rates for pipeline capacity, transportation of gas other than Prudhoe application to the Commission for a interruptible transportation rates, usage Bay or Point Thomson production. certificate of public convenience and rates, fuel retention percentages, and [FR Doc. 04–25933 Filed 11–22–04; 8:45 am] necessity or other authorization for an other applicable charges, or surcharges, BILLING CODE 6717–01–P Alaska natural gas transportation such as annual charge adjustment project, whether filed pursuant to the (ACA); Natural Gas Act, the Alaska Natural Gas (7) The estimated costs of proposed Transportation Act of 1976, or the facilities and cost of service, and DEPARTMENT OF THE TREASURY Alaska Natural Gas Pipeline Act, and to expected return on equity used to justify Internal Revenue Service applications for expansion of such the transportation rates; projects. Absent a Commission order to (8) Negotiated rate and other rate 26 CFR Part 1 the contrary, these regulations are not options under consideration; applicable in the case of an expansion (9) Quality specifications and any [REG–208246–90] ordered by the Commission pursuant to other requirements applicable to gas to section 105 of the Alaska Natural Gas be delivered to the project; RIN 1545–BD47 (10) Terms and conditions for each Pipeline Act. Allocation and Apportionment of service offered; § 157.33 Requirement for open season. (11) Creditworthiness standards to be Deductions for Charitable Any application for a certificate of applied to prospective shippers; Contributions; Hearing Cancellation public convenience and necessity for a (12) The date, if any, by which AGENCY: Internal Revenue Service (IRS), proposed Alaska natural gas potential shippers and the prospective Treasury. transportation project must include a applicant must execute precedent ACTION: Cancellation of notice of public demonstration that the applicant has agreements; hearing on proposed rulemaking. conducted an open season for capacity (13) A detailed methodology for on its proposed project, in accordance determining the value of bids; SUMMARY: This document provides with the requirements of this sub-part. (14) The methodology by which notice of cancellation of a public Failure to provide the requisite capacity will be awarded, in the case of hearing on proposed regulations relating demonstration will result in an over-subscription, clearly stating all to the allocation and apportionment of application being dismissed as terms that will be considered, including charitable deductions. price and contract term; deficient. DATES: The public hearing originally (15) Required bid information, scheduled for Thursday, December 2, § 157.34 Notice of open season. whether bids are binding or non- 2004, at 10 a.m., is cancelled. (a) Notice. A prospective applicant binding, receipt and delivery point must provide reasonable public notice requirements, the form of a precedent FOR FURTHER INFORMATION CONTACT: of an open season, at least 30 days prior agreement and time of execution, Treena Garrett of the Publications and to the commencement of the open definition and treatment of non- Regulations Branch, Associate Chief season, through methods including conforming bids; Counsel (Procedure and Administration) postings on Internet websites, press (16) The projected date for filing an (202) 622–7180 (not a toll-free number). releases, direct mail solicitations, and application with the Commission; and SUPPLEMENTARY INFORMATION: A notice other advertising. In addition, a (17) All other information that may be of proposed rulemaking and notice of prospective applicant must provide relevant to the open season, including public hearing that appeared in the actual notice of an open season to the information pertaining to the proposed Federal Register on Wednesday, July State of Alaska and to the Federal service to be offered, projected pipeline 28, 2004, (69 FR 44988), announced that
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a public hearing was scheduled for benchmarking against private industry, expenses. Thus, temporary quarters, Thursday, December 2, 2004, at 10 a.m. and from GSA, representing miscellaneous expenses, and other in the IRS Auditorium, Internal Revenue Governmentwide policy interests. The payments have a small one-time Service Building, 1111 Constitution proposed changes are intended to keep administrative cost and do not need to Avenue, NW., Washington, DC. The Government relocation practices in line be reconciled in a post-payment audit. subject of the public hearing is proposed with current relocation trends and allow The administrative savings and regulations under section 861 of the for better management of the efficiency improvements of such Internal Revenue Code. The public Government relocation programs and systems are clear. comment period for these proposed costs. Private industry spends less time on regulations expired on Tuesday, October DATES: Comments must be received on its relocation packages because as a rule 26, 2004. Outlines of oral comments or before January 24, 2005. they are tiered, more flexible to handle were due on Tuesday, November 12, exceptions, and relocation expenses ADDRESSES: Submit comments rarely extend beyond one year because 2004. identified by FTR case 2003–309 by any The notice of proposed rulemaking there are no extensions. The focus is on of the following methods: and notice of public hearing, instructed • Federal eRulemaking Portal: http:// getting the transferee settled at the new those interested in testifying at the www.regulations.gov. Follow the location as fast as possible in permanent public hearing to submit a request to instructions for submitting comments. quarters. The main lesson that the speak and an outline of the topics to be • Agency Web Site: http:// Government can learn from addressed. As of Wednesday, November www.gsa.gov/ftr. Click on the FTR Case benchmarking against private industry 17, 2004, no one has requested to speak. number to submit comments. is that expediency is important. Therefore, the public hearing scheduled • E-mail: ftrcase.2003–[email protected]. Currently, the Government permits for Tuesday, December 2, 2004, is Include FTR case 2003–309 in the Federal employees to voucher items cancelled. subject line of the message. from a move up to 4 years after the • move (2 years to complete a relocation Cynthia E. Grigsby, Fax: 202–501–4067. • Mail: General Services plus a two year extension). This is a Acting Chief, Publications and Regulations drain on Federal accounting systems as Branch, Legal Processing Division, Associate Administration, Regulatory Secretariat Chief Counsel, (Procedure and (V), 1800 F Street, NW., Room 4035, monies must remain allocated to cover Administration). ATTN: Laurie Duarte, Washington, DC transactions. The Travel Management Policy [FR Doc. 04–25964 Filed 11–22–04; 8:45 am] 20405. Division of OGP examined the issues BILLING CODE 4830–01–P Instructions: Please submit comments only and cite FTR case 2003–309 in all facing agencies and employees in a correspondence related to this case. All relocation. Through benchmarking comments received will be posted sessions with private industry as well as GENERAL SERVICES a RBPC consisting of many agencies’ ADMINISTRATION without change to http://www.gsa.gov/ ftr, including any personal information relocation policy experts, the current 41 CFR Parts 300–3, 302–2, 302–3, provided. proposed rules emerged. 302–4, 302–5, 302–6, 302–7, 302–9, FOR FURTHER INFORMATION CONTACT: The B. Proposed Changes 302–11, and 302–15 Regulatory Secretariat, Room 4035, GS Building, Washington, DC, 20405, (202) This proposed rule— • Amends section 300–3.1 to add the [FTR Case 2003–309] 208–7312, for information pertaining to terms and definitions for ‘‘accompanied RIN 3090–AH91 status or publication schedules. For baggage’’ and ‘‘unaccompanied air clarification of content, contact Ed baggage’’ and change the definitions for Federal Travel Regulation; Relocation Davis, Program Analyst (Team Leader), ‘‘Household Goods (HHG)’’ and ‘‘Non- Allowances Office of Governmentwide Policy, foreign area’’; AGENCY: Office of Governmentwide Travel Management Policy, at (202) • Amends sections 302–2.8, 302–2.9, Policy, General Services Administration 208–7638. Please cite FTR case 2003– 302–2.10, 302–2.11, and 302–2.110 to (GSA). 309. reduce the length of time to complete a ACTION: Proposed rule. SUPPLEMENTARY INFORMATION: relocation from two years to one year; • Further amends sections 302–2.11 A. Background SUMMARY: The General Services and 302–2.110 to reduce the length of Administration (GSA) Office of The General Services Administration time for relocation extensions from two Governmentwide Policy (OGP) (GSA), Office of Governmentwide Policy years to one year; continually reviews and adjusts policies (OGP), reviews the regulations under its • Adds two new sections to part 302– as a part of its ongoing mission to purview to address current Government 2, subpart A, and amends section 302– provide policy assistance to the relocation needs and incorporate private 2.100 to require disclosure statements so Government agencies subject to the industry policies and best practices, that the Government will not pay for Federal Travel Regulation (FTR). where appropriate. Relocation is an area relocation expenses that are paid by Accordingly, GSA created the that continuously changes. Parts of the another Government or private source; Relocation Best Practices Committee relocation regulation, such as the • Adds seven new sections to part (RBPC) to examine Government storage time and temporary quarters 302–2, subpart B, to define relocation relocation policy. The RBPC consists of allowance time should not stand alone programs, relocation payment systems, Government as well as private sector but be considered in relation to each and relocation management reporting relocation experts and produced a other. Changes such as these need to be systems; complete package of recommendations made as part of a new comprehensive • Adds two new sections to part 302– affecting the statutes and regulations relocation regulation. 3, subpart D, relating to separation governing relocation. The following Much of private industry uses lump travel timing and extensions; proposed FTR changes are the result of sum relocation payments for all • Revises section 302–4.300 to reduce recommendations from the RBPC from relocation expenses except real estate the mileage rate for relocation to be in
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line with the Internal Revenue Service the HHG weight allowance for moves Regulatory Flexibility Act, 5 U.S.C. 601, (IRS) relocation reimbursement rates; between CONUS and OCONUS; et seq., does not apply. • Amends section 302–5.11 to reduce • Adds another condition to section E. Paperwork Reduction Act the maximum allowable number of days 302–9.301 that agencies must consider for a househunting trip from 10 to 8 before authorizing transportation of a The Paperwork Reduction Act does calendar days, to be in line with privately owned vehicle (POV) within not apply because this proposed rule industry practices; CONUS to assure that agencies are not does not impose recordkeeping or • Amends sections 302–5.13, 302– domestically transporting POV’s when information collection requirements, or 5.15, 302–5.16, 302–5.18, 302–5.101, the cost of transportation is more than the collection of information from 302–5.103 (to be redesignated as section the value of the POV; offerors, contractors, or members of the 302–5.104), 302–6.11, 302–6.12, 302– • Adds a new section to part 302–9, public which require the approval of the 6.301, and 302–6.304 by replacing the subpart F, to limit the number of POV’s Office of Management and Budget under term ‘‘fixed amount’’ with the term that may be transported at Government 44 U.S.C. 501 et seq. ‘‘lump sum’’; expense to two; F. Small Business Regulatory • • Revises section 302–5.14; Amends and redesignates sections Enforcement Fairness Act • Adds a new section to part 302–5, 302–9.504 and 302–9.505 to insure that subpart B, to establish a threshold for agencies are not transporting a POV to This proposed rule is also exempt determining which mode of a post of duty when the cost of from congressional review under 5 transportation (POV or common carrier) transportation is more than the value of U.S.C. 801 since it relates solely to should be authorized for more cost the POV and limits agency shipment of agency management and personnel. efficient househunting trips; a POV to 600 miles or more; List of Subjects in 41 CFR Parts 300–3, • Revises part 302–6, subpart C, to • Amends section 302–11.2 to follow 302–2, 302–3, 302–4, 302–5, 302–6, 302– encourage the use of lump sum guidelines in Internal Revenue Service 7, 302–9, 302–11 and 302–15 payments because of the administrative Publication 521, Moving Expenses, for Government employees, Travel and efficiency as well as the potential for relocation by requiring the commute to transportation expenses. cost savings; new job location via commonly traveled • Revises section 302–6.304 to routes from the old residence increase Dated: November 2, 2004. explain the factors to consider when by at least 50 miles; G. Martin Wagner, deciding to offer lump sum payments; • Revises section 302–11.21 to reduce Associate Administrator, Office of • Adds two new sections to part 302– the time limit for submitting claims for Governmentwide Policy. 6, subpart D, regarding temporary residence transactions from two years to For the reasons set out in this quarters subsistence expenses (TQSE) one year; preamble, 41 CFR parts 300–3, 302–2, payments requiring employees who • Revises section 302–11.22 to reduce 302–3, 302–4, 302–5, 302–6, 302–7, select lump sum TQSE reimbursement the time limit for extensions to submit 302–9, 302–11, and 302–15 are to certify that TQSE expenses will be claims for residence transactions from proposed to be amended as set forth incurred, and that payment to the two years to one year; below: employee of TQSE lump will be made • Amends section 302–11.200 by prior to occupancy of temporary revising the introductory paragraph to PART 300–3—GLOSSARY OF TERMS quarters (TQ); clarify that reimbursement of residence • 1. The authority citation for 41 CFR Revises section 302–7.2 to clarify transaction expenses is limited to part 300–3 is revised to read as follows: that the definition of 18,000 pounds net amounts customarily charged where the weight of household goods does not residences are located; Authority: 5 U.S.C. 5707; 5 U.S.C. 5738; 5 U.S.C. 5741–5742; 20 U.S.C. 905(a); 31 U.S.C. include packing materials; • Revises paragraph 302–15.2 to • 1353; 40 U.S.C. 121(c); 49 U.S.C. 40118; E.O. Revises section 302–7.4 to include correct grammatical error; and 11609, 3 CFR, 1971–1975 Comp., p. 586. • an agency option for unaccompanied air Revises paragraph 302–15.70 to 2. Amend section 300–3.1 by— baggage (UAB) as a part of the allow for direct payment of property a. Adding, in alphabetical order, the household goods allowance; management service fees to the • definitions ‘‘Accompanied baggage,’’ Adds a new section 302–7.8 to Government employee, when ‘‘Excess baggage,’’ and ‘‘Unaccompanied clarify where HHG may be temporarily appropriate. air baggage (UAB)’’; stored; Because of the insertion of several • b. Amending the definition of Revises and redesignates section new sections in the existing regulation, ‘‘Household Goods (HHG)’’ by removing 302–7.9 limiting the maximum number some existing sections will be ‘‘that can fit into a moving van’’ from of days of temporary storage of redesignated and therefore, several paragraph (l)(v) and adding paragraph household goods to a total of 150 and cross-references will also be changed. (l)(vii); and requiring that the number of days This proposed rule makes those c. Amending the definition of ‘‘Non- allowed parallel the number of days changes. foreign area’’ by removing allowed for TQSE; • C. Executive Order 12866 ‘‘Commonwealths of Puerto Rico,’’ and Revises the new section 302–7.10 to adding ‘‘Commonwealth of Puerto reduce the initial temporary storage GSA has determined that this Rico,’’ in its place. period from 90 to 60 days; proposed rule is not a significant The added text reads as follows: • Revises newly designated section regulatory action for the purposes of 302–7.21 specifying the responsibility Executive Order 12866 of September 30, § 300–3.1 What do the following terms for payment of weight additives; 1993. mean? • Redesignates part 302–7, subpart D, Accompanied baggage—Baggage that as subpart E (Agency Responsibilities) D. Regulatory Flexibility Act is carried free of charge for a passenger and adds a new subpart D (Baggage This proposed rule is not required to on a common carrier. There are weight Allowance) to incorporate policies for be published in the Federal Register for and size limitations depending on the including unaccompanied air baggage in notice and comment; therefore, the common carrier. You should check with
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the common carrier you are traveling on Service Agreements and Disclosure (2) Travel Management System (TMS) for any restrictions. Statement that provides reservation and ticketing * * * * * support for relocation activities; §§ 302–2.20, 302–2.21, 302–2.22 (3) Travel payment system for paying Excess baggage—Preauthorized/ [Redesignated] travel service providers used in support preapproved baggage carried by a 9. Redesignate §§ 302–2.20, 302–2.21, of a relocation; and use of all applicable passenger on a common carrier that is and 302–2.22 as §§ 302–2.22, 302–2.23, contracts and similar arrangements, in excess of the weight and size 302–2.24, respectively, and move the with transportation and lodging limitation that can be carried for free. undesignated center heading providers (e.g., Government-contract air * * * * * ‘‘Advancement of Funds’’ to precede the carriers, rental car companies, trains, Household Goods (HHG) *** newly designated § 302–2.22. hotels, etc.) that give preferential rates 9a. Add new §§ 302–2.20 and 302– (1) * * * and other benefits to Federal travelers 2.21 to read as follows: on official business. (vii) Unaccompanied air baggage. § 302–2.20 What is a disclosure (b) A relocation payment system for * * * * * statement? paying relocation service providers who Unaccompanied air baggage (UAB)— A disclosure statement is a written are not paid from the Travel payment Unaccompanied air baggage includes statement signed by you to your agency system; and personal items and equipment (i.e., stating that you, your immediate family, (c) A Relocation Management pots, pans, light housekeeping items, or any third party vendor have not and Reporting System that captures and collapsible items (cribs, playpens, baby will not accept duplicate reimbursement reports financial and other relocation carriages) and other articles required for for relocation expenses. The statement data required by the biennial Travel the care of the family that may be must be signed at the same time as the Survey (see §§ 300–70.1 through 300– shipped by air in accordance with service agreement. 70.4 of this title). chapter 302 of this subtitle. Household § 302–2.21 Must I sign a disclosure § 302–2.205 What are agency items (i.e., refrigerators, washing statement? responsibilities to implement the Federal machines and other major appliances or relocation management program? furniture) are not eligible as UAB. UAB Yes, you must sign a disclosure statement. Agencies must— is used in connection with permanent (a) Designate an authorized change of station OCONUS, renewal Subpart B—Agency Responsibilities representative to administer the agreement travel, and long term program including the eTravel service temporary duty assignments of 30 days 10. Amend § 302–2.100 by removing or your agency’s approved automated or more. UAB is subtracted from the ‘‘and’’ at the end of paragraph (e), travel system; 18,000 pound net weight household removing the period at the end of (b) Ensure that you have internal goods allowance. paragraph (f) and adding ‘‘; and’’ in its policies and procedures in place to * * * * * place, and adding paragraph (g) to read implement the requirements of this as follows: chapter; and PART 302–2—EMPLOYEE ELIGIBILITY § 302–2.100 What internal policies must (c) Implement a Relocation REQUIREMENTS we establish before authorizing a relocation Management Reporting System no later allowance? than September 30, 2005. 3. The authority citation for 41 CFR part 302–2 continues to read as follows: * * * * * Relocation Payment System (g) That all relocating employees are Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a). required to sign a disclosure statement § 302–2.300 What is a relocation payment system? § 302–2.8 [Amended] (see §§ 302–2.20 and 302–2.21). A relocation payment system § 302–2.110 [Amended] 4. Amend § 302–2.8 by removing ‘‘two facilitates the payment of official years’’ and adding ‘‘one year’’ in its 11. Amend § 302–2.110 by removing relocation expenses which include, but place. ‘‘2–year’’ wherever it appears and are not limited to— adding ‘‘1–year’’ in its place. (a) Issuance and maintenance of § 302–2.9 [Amended] 12. Amend Subpart B by adding a Government contractor issued 5. Amend § 302–2.9 by removing ‘‘2– new undesignated center heading and individually billed charge cards; year’’ and adding ‘‘1–year’’ in its place. new §§ 302–2.200, 302–2.205, 302– (b) Establishment of centrally billed 2.300, 302–2.305, 302–2.400, and 302– accounts for the purchase of travel and § 302–2.10 [Amended] 2.405 to read as follows: transportation services; 6. Amend § 302–2.10 by removing ‘‘2– Relocation Programs (c) Issuance of travelers checks; and year’’ in both the heading and the text (d) Provision of automated-teller- § 302–2.200 What does the Federal machine (ATM) services worldwide. and adding ‘‘1–year’’ in its place. relocation management program include? § 302–2.11 [Amended] The Federal relocation management § 302–2.305 How do agencies obtain program includes— relocation payment system services? 7. Amend § 302–2.11 by removing ‘‘2– (a) All aspects of the Federal travel You may obtain relocation payment year’’ in both the heading and the text management program that support services by— and adding ‘‘1–year’’ in its place; and Federal relocation activities. (See (a) Participating in GSA’s travel removing ‘‘2 additional years’’ and §§ 301–73.1 through 301–73.30.) These payment system; adding ‘‘one additional year’’ in its include, but are not limited to, a— (b) Participating in another Federal place. (1) Relocation authorization and claim agency’s travel payment system services 8. Revise the undesignated center system that implements the related program; or heading appearing immediately before requirements of the Federal Travel (c) Contracting directly with a travel § 302–2.12 to read as follows: Regulation; payment system service if your agency
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has contracting authority, and you are § 302–3.304 Is there a time limit by when § 302–5.11 [Amended] not a mandatory user of GSA SmartPay I must begin my relocation travel and 21. Amend § 302–5.11 by removing charge card program. transportation of household goods upon ‘‘10’’ and adding ‘‘8’’ in its place. separation? Note to § 302–2.305: Under the GSA charge Yes, all travel and transportation of § 302–5.13 [Amended] card program effective November 30, 1998, it will be your responsibility to select the household goods must begin no later 22. Amend § 302–5.13 by removing vendor that will be most beneficial to your than six months after— ‘‘fixed amount’’ wherever it appears and agency’s travel and transportation needs. (a) Your date of separation; or adding ‘‘lump sum’’ in its place. (b) The date of death of the employee 23. Revise § 302–5.14 to read as Relocation Management Reporting who died before separation. follows: System § 302–3.305 May I be granted an extension § 302–5.14 What transportation expenses § 302–2.400 How do agencies acquire a to the time limit for beginning my will my agency pay? separation travel? Relocation Management Reporting System? (a) Your agency will authorize you to You should acquire a Relocation Yes, your agency may grant you or travel by any transportation mode (e.g., Management Reporting System— your immediate family member(s) (in common carrier or POV) it determines case of your death) an extension to the to be advantageous to the Government. (a) As one of the services offered by time limit for beginning your separation a relocation management company Your agency will pay for your travel, for up to 2 years from your transportation expenses by the under contract with the Federal effective date of separation or death, if Government; authorized mode. If you travel by any you died before separation. other mode, your agency will pay your (b) As a separate service provided by § 302–3.306 [Amended] transportation expenses not to exceed third party companies who specialize in the cost of transportation by the 15. Amend newly redesignated § 302– such relocation management authorized mode. Generally, trips of 3.306 by removing ‘‘§ 302–3.307’’ in the information services, or as a service under 250 miles will only be introductory paragraph and adding provided by another Federal agency; or reimbursed for POV mileage and only at ‘‘§ 302–3.309’’ in its place. (c) You may also use relocation the rate prescribed in § 302–4.300 of this reporting capabilities that are included § 302–3.307 [Amended] chapter. with your agency’s financial 16. Amend newly redesignated § 302– (b) Unless the agency performs a management system, provided that 3.307 by removing ‘‘§ 302–3.304’’ in written cost comparison proving cost those capabilities are sufficient to satisfy paragraph (b) and adding ‘‘§ 302–3.306’’ savings, only common carrier will be the data capture and reporting in its place. authorized for trips with a distance requirements of a Relocation greater than 250 miles. Management Reporting System. (See § 302–3.308 [Amended] § 302–5.15 [Amended] § 302–2.200.) 17. Amend newly redesignated § 302– 3.308 by removing ‘‘§ 302–3.307’’ in the 24. Amend § 302–5.15 by removing § 302–2.405 May we obtain an exception ‘‘fixed amount’’ wherever it appears and from the use of a Relocation Management introductory paragraph and adding Reporting System? ‘‘§ 302–3.309’’ in its place. adding ‘‘lump sum’’ in its place. Yes, your agency head may request an PART 302–4—ALLOWANCES FOR § 302–5.16 [Amended] extension on the implementation SUBSISTENCE AND 25. Amend § 302–5.16 by removing deadline by writing the Administrator of TRANSPORTATION ‘‘§ 302–2.20’’ and adding ‘‘§§ 302–2.21 General Services, explaining the reason and 302–2.22’’ in its place; and by for the delay, and proposing an 18. The authority citation for 41 CFR removing ‘‘fixed amount’’ wherever it alternative deadline that would be more part 302–4 continues to read as follows: appears and adding ‘‘lump sum’’ in its achievable by your agency that is no Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); place. later than September 30, 2006. Requests E.O. 11609, 36 FR 13747, 3 CFR, 1971–1973 § 302–5.18 [Amended] for exceptions should be sent to the Comp., p. 586. Office of Govermentwide Policy, Travel 19. Revise § 302–4.300 to read as 26. Amend § 302–5.18 by removing Management Policy, Room G–219, follows: ‘‘fixed amount’’ in the section heading and adding ‘‘lump sum’’ in its place; General Services Administration, 1800 F § 302–4.300 What is the POV mileage rate Street, NW., Washington, DC 20405. and removing ‘‘fixed’’ in the section text for PCS travel? and adding ‘‘lump sum’’ in its place. PART 302–3—RELOCATION When PCS travel by POV is ALLOWANCE BY SPECIFIC TYPE authorized/approved, the mileage § 302–5.101 [Amended] reimbursement allowance shall not 27. Amend § 302–5.101 by removing 13. The authority citation for 41 CFR exceed that established, in any given ‘‘fixed amount’’ wherever it appears and part 302–3 continues to read as follows: year, by the IRS for moving expense adding ‘‘lump sum’’ in its place. Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a). deductions. See IRS Publication 521, Moving Expenses, available on the § 302–5.103 [Redesignated] §§ 302–3.304 through 302–3.315 Internet at http://www.irs.gov. 28. Redesignate § 302–5.103 as § 302– [Redesignated] 5.104 and add a new § 302–5.103 to read PART 302–5—ALLOWANCE FOR as follows: 14. Redesignate §§ 302–3.304 through HOUSEHUNTING TRIP EXPENSES 302–3.315 as §§ 302–3.306, 302–3.307, § 302–5.103 What modes of transportation 302–3.308, 302–3.309, 302–3.310, 302– 20. The authority citation for 41 CFR may we authorize for a househunting trip? 3.311, 302–3.312, 302–3.313, 302–3.314, part 302–5 is revised to read as follows: (a) When the new official station is 302–3.315, 302–3.316, 302–3.317, Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); less than 250 miles from the old official respectively, and add new §§ 302–3.304 E.O. 11609, 36 FR 13747, 3 CFR, 1971–1973 station, you should only authorize the and 302–3.305 to read as follows: Comp., p. 586. use of the employee’s POV for a
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househunting trip (HHT) and wherever it appears and adding ‘‘lump 33. Revise § 302–6.100 to read as reimbursement for POV mileage at the sum’’ in its place. follows: rate prescribed in this part. PART 302–6—ALLOWANCE FOR § 302–6.100 What am I paid under the (b) When the new official station is TEMPORARY QUARTERS actual TQSE reimbursement method? 250 miles or more from the old official SUBSISTENCE EXPENSES (TQSE) station, you may authorize the use of the Your agency will pay your actual common carrier transportation or POV 30. The authority citation for 41 CFR TQSE incurred, provided the expenses for a househunting trip, whichever is part 302–6 is revised to read as follows: are reasonable and do not exceed the most advantageous to the Government. Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); maximum allowable amount. The Reimbursement for the related E.O. 11609, 36 FR 13747, 3 CFR, 1971–1973 ‘‘maximum allowable amount’’ is the transportation costs is prescribed in part Comp., p. 586. ‘‘maximum daily amount’’ multiplied 302–5 of this chapter. by the number of days you actually §§ 302–6.11 and 302–6.12 [Amended] (c) Exceptions for this rule may be incur TQSE not to exceed the number of 31. Amend §§ 302–6.11 and 302–6.12 days authorized, taking into account granted by the agency when an by removing ‘‘fixed amount’’ wherever that the rates decrease after the first 30 employee or immediate family it appears and adding ‘‘lump sum’’ in its days. The ‘‘maximum daily amount’’ is member(s) has special circumstances place. requiring an exception (see § 303–13). determined by adding the rates in the § 302–6.15 [Amended] following table for you and each § 302–5.104 [Amended] 32. Amend § 302–6.15 by removing member of your immediate family 29. Amend newly redesignated § 302– ‘‘§ 302–2.20’’ and adding ‘‘§§ 302–2.21, authorized to occupy temporary 5.104 by removing ‘‘fixed amount’’ 302–2.22, and 302–2.23’’ in its place. quarters:
The ‘‘maximum daily amount’’ of TQSE under the actual expense method that— For You and your unaccompanied Your accompanied spouse or a mem- Any member of your immediate family 1 ber of your immediate family age 12 spouse may each receive is— or older may each receive is— under age 12 may each receive is—
Day 1 to Day 30 ...... 100% x the applicable per diem rate. 75% x the applicable per diem rate. 50% x the applicable per diem rate. Day 31 to Day 120 ... 55% x the applicable per diem rate. 40% x the applicable per diem rate. 30% x the applicable per diem rate.
1 (That is, when the spouse necessarily occupies temporary quarters in lieu of the employee or in a location separate from the employee.)
34. Revise subpart C, consisting of § 302–6.202 Will I receive additional TQSE § 302–6.301 [Amended] §§ 302–6.200 through 302–6.204 to read reimbursement if my lump sum payment is 34a. Amend § 302–6.301 by removing as follows: not adequate to cover my actual TQSE? ‘‘fixed amount’’ wherever it appears and No, you will not receive additional adding ‘‘lump sum’’ in its place. Subpart C—Lump Sum Payment TQSE reimbursement if the lump sum 35. Revise § 302–6.304 to read as § 302–6.200 What am I paid under the lump payment is not adequate to cover your follows: sum payment reimbursement method? actual TQSE. § 302–6.304 What factors should we If your agency offers and you select § 302–6.203 May I retain any balance left consider in determining whether to offer an the lump sum TQSE payment, you are over from my TQSE lump sum payment if employee the lump sum payment option for such payment is more than adequate? TQSE? paid a lump sum for each day authorized up to 30 days. No extensions Yes, if your lump sum TQSE payment When determining whether to offer an are allowed under the lump sum is more than adequate to cover your employee the lump sum payment option payment. actual TQSE expenses, any balance for TQSE, the following factors should belongs to you. be considered: § 302–6.201 How do I determine the Note to § 302–6.203: For example, if your (a) Ease of administration. A lump amount of my lump sum payment? agency authorizes and you accept a lump sum for TQSE is paid to the employee prior to the occupancy of temporary (a) Multiply the number of days your sum payment for 15 days of TQSE and you vacate temporary quarters after 10 days for quarters, and the voucher review agency authorizes TQSE by the any reason, you would retain the remaining process is eliminated under this maximum per diem rate (i.e., lodging balance for the 5 days of TQSE not incurred. method. Actual TQSE reimbursement plus meals and incidental expenses) requires an agency to review claims and prescribed in FTR Per Diem Bulletin for § 302–6.204 Am I required to file a voucher receipts for the validity, accuracy, and the locality i.e., the old or new official for TQSE if I selected the lump sum reasonableness of each expense amount. station or combination thereof, where payment? (b) Cost consideration. You must temporary quarters will be occupied. No, the intent of the lump sum weigh the cost of each alternative. (b) For each member of your payment is to simplify the process and Actual TQSE reimbursement may immediate family, multiply the same eliminate the need for filing a voucher, extend up to 120 consecutive days, number of days by .25 times the same however, your agency may request proof while the lump sum payment is limited per diem rate. that you actually occupied temporary to a maximum of 30 days. quarters and in the absence of sufficient (c) Treatment of employee. The (c) Your payment will be the sum of proof, demand repayment of the TQSE employee is allowed to choose between the calculations in paragraphs (a) and lump sum payment in accordance with actual TQSE reimbursement and the (b). § 302–6.305. lump sum TQSE payment when you
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offer the lump sum TQSE payment § 302–7.4 Does the weight of any number of days authorized for TQSE. method. You therefore should weigh professional books, papers and equipment For example, if TQSE is authorized for employee morale and productivity (PBP&E) or Unaccompanied Air Baggage 60 days, storage of HHG must be equal (UAB) count against the 18,000 pound HHG to the number of days authorized for considerations against actual cost weight limitation? considerations in determining which TQSE plus a reasonable number of days (a) Yes, the weight of any PBP&E and method to offer. for delivery from the storage location UAB (see subpart D of this part) is (not to exceed 14 days). § 302–6.305 [Redesignated as § 302–6.307] generally part of and not in addition to the 18,000 pounds net HHG weight § 302–7.10 [Amended] 36. Redesignate § 302–6.305 as § 302– limitation. However, if the weight of any 44. Amend newly redesignated § 302– 6.307. PBP&E causes the lot to exceed 18,000 7.10 by removing ‘‘90–day’’ and adding 37. Add new §§ 302–6.305 and 302– pounds net weight, the excess weight of ‘‘60–day’’ in its place in the section 6.306 to read as follows: the PBP&E may be transported to the heading and introductory paragraph. new duty station as an administrative 45. Revise newly redesignated § 302– § 302–6.305 Must we require transferees to expense of the agency. To the extent 7.16 to read as follows: sign a statement that TQSE was incurred? possible for ease of administration, the § 302–7.16 Must I use the method selected Yes, transferees electing the lump PBP&E items should be included as part of the HHG shipment. Only in the case by my agency for transporting my HHG, sum TQSE reimbursement option must PBP&E and temporary storage? of an overweight shipment should a sign a statement that they will occupy No, you do not have to use the temporary quarters and incur TQSE separate administrative expense be charged to the agency, and only for the method selected (§ 302–7.301) by your expenses. If no TQSE expenses are overweight portion of the shipment. agency for transporting your HHG, incurred, all monies advanced for the Authorization for such shipment is PBP&E and temporary storage. You may lump sum TQSE payment must be granted solely at the discretion of the pursue other methods. However, your returned to the agency. You must not agency and subject to its policies reimbursement is limited to the actual authorize lump sum TQSE for governing such shipment. (See cost incurred, not to exceed what the employees who do not need temporary definition of PBP&E in § 300–3.1 of this Government would have incurred under quarters. subtitle.) the method selected by your agency. (b) If PBP&E are included with an 46. Revise newly redesignated § 302– § 302–6.306 When must we make the lump 7.21 to read as follows: sum TQSE payment to the transferee? HHG shipment and cause an overweight condition, you must identify this fact § 302–7.21 If my HHG shipment includes You must pay the transferee the lump and the total weight of the PBP&E, so an item (e.g., boat, trailer, ultralight vehicle) sum TQSE payment prior to the that your agency is made aware of this for which a weight additive is assessed by occupancy of temporary quarters. situation and determine whether or not the HHG carrier, am I responsible for to approve the shipment of the payment? PART 302–7—TRANSPORTATION AND overweight PBP&E. Yes, you are responsible for the TEMPORARY STORAGE OF shipping charges resulting from the HOUSEHOLD GOODS AND §§ 302–7.8 through 302–7.20 [Redesignated] weight additive as well as any special PROFESSIONAL BOOKS, PAPERS, packing, crating, and handling of the AND EQUIPMENT (PBP&E) 42. Redesignate §§ 302–7.8 through weight additive items. If your HHG 302–7.20 as §§ 302–7.9, 302–7.10, 302– shipment includes an item (e.g., boat or 38. The authority citation for 41 CFR 7.11, 302–7.12, 302–7.13, 302–7.14, trailer) for which a weight additive is part 302–7 continues to read as follows: 302–7.15, 302–7.16, 302–7.17, 302–7.18, assessed by the HHG carrier (as 302–7.19, 302–7.20, 302–7.21, Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); prescribed in applicable tariffs), only respectively, and add a new § 302–7.8 to the actual weight of the item and not the E.O. 11609, 36 FR 13747, 3 CFR, 1971–1973 read as follows: Comp., p. 586. weight additive is included in the § 302–7.8 At what location may my HHG be computation of the maximum weight § 302–7.1 [Amended] temporarily stored? prescribed in § 302–7.2. (For example, when a weight additive of 700 pounds 39. Amend § 302–7.1 by removing Your HHG may be placed in is imposed by a HHG carrier on a 65– ‘‘§ 302–3.304’’ from paragraph (d) and temporary storage at origin, in transit, at pound canoe, only the 65 pounds is adding ‘‘§ 302–3.306’’ in its place. destination, or any combination thereof upon agency approval. charged against the employee’s 18,000 40. Revise § 302–7.2 to read as 43. Revise newly redesignated § 302– pounds net weight allowance). See follows: 7.9 to read as follows: § 302–7.200 on how charges are paid and who makes the shipping § 302–7.2 What is the maximum weight of § 302–7.9 Is there a time limit for the arrangements. HHG that may be transported or stored at temporary storage of an authorized HHG 47. Revise subpart D and add a new Government expense? shipment? subpart E to read as follows: By statue, the maximum weight (a) The initial period of temporary allowance of HHG that may be shipped storage at Government expense shall not Subpart D—Baggage Allowance or stored at Government expense is exceed 60 days in connection with any authorized HHG shipment. However, 302–7.300 When may I be authorized a 18,000 pounds net weight. The HHG net upon your written request, up to an UAB shipment? weight is determined by subtracting 10 additional 90 days may be authorized by 302–7.301 Is my UAB shipment in addition percent from the shipment net weight as to the 18,000 pounds net weight of HHG the designated agency official. In no weight allowance? shown on the shipping documents to case may the maximum time limit for reflect the weight of packing materials. 302–7.302 What is the maximum weight temporary storage exceed 150 days. allowance for a UAB shipment? 41. Revise section 302–7.4 to read as (b) The number of days authorized for 302–7.303 When may my agency authorize follows: HHG storage must coincide with the the shipment of UAB?
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302–7.304 Is there a time limit for § 302–7.304 Is there a time limit for CONUS, where deemed economical to shipment of my UAB? shipment of my UAB? the Government. 302–7.305 Who makes arrangements for Yes, your UAB must be shipped prior (b) Commuted Rate System. Under the transporting my UAB? to your departure from your old duty commuted rate system, the employee Subpart E—Agency Responsibilities station to ensure that your shipment assumes total responsibility for arrives by the time you report to your arranging and paying for the following 302–7.400 What policies and procedures new duty station. Arrangements should services: Packing/unpacking, crating/ must we establish for this part? begin prior to your departure to your uncrating, pickup/delivery, weighing, 302–7.401 What method of transportation new duty station. line-haul, drayage, and temporary should we authorize for shipment of storage of the employee’s HHG HHG and temporary storage? § 302–7.305 Who makes arrangements for (including PBP&E) with a commercial 302–7.402 What method of transportation transporting my UAB? should we authorize for shipment of HHG carrier or by renting self drive Your agency or your agency’s equipment for a do-it-yourself move. PBP&E and UAB? designee should arrange for the 302–7.403 What guidelines must we follow The commuted rate is calculated based when authorizing transportation of transport of your UAB. on published freight tariffs applied to PBP&E as an administrative expense? the actual weight of the goods being Subpart E—Agency Responsibilities 302–7.404 When HHG are shipped under shipped (subject also to the weight the actual expense method and PBP&E limitation in § 302–7.2). The commuted are shipped as an administrative expense Note to subpart E: Use of pronouns ‘‘we’’, rate method may be used in lieu of the ‘‘you’’, and their variants throughout this in the same lot, are separate weight actual expense method for relocation or certificates required? subpart refers to the agency. 302–7.405 How must we arrange first duty station assignment within transportation of HHG and UAB? § 302–7.400 What policies and procedures CONUS, as long as using this method is must we establish for this part? less expensive than using the actual expense method. If PBP&E make the Subpart D—Baggage Allowance You must establish policies and weight of a shipment under the procedures as required for this part, § 302–7.300 When may I be authorized a commuted rate method go over the including who will— UAB shipment? 18,000 net weight limit for HHE, then (a) Administer your household goods You may be authorized a UAB the actual cost of shipping that excess program; shipment prior to transferring from a weight must be paid as an (b) Authorize PBP&E to be transported CONUS location to an OCONUS administrative expense of the agency. In as an agency administrative expense; location, between OCONUS locations, this case, all related transportation (c) Authorize an employee to ship and from an OCONUS location to a arrangements (e.g., packing/unpacking, UAB; CONUS location. pickup/delivery, weighing, temporary (d) Authorize temporary storage in storage, etc.) associated with shipping § 302–7.301 Is my UAB shipment in excess of the initial 60–day limit; this excess weight will be handled and addition to the 18,000 pounds net weight of (e) Collect any excess cost or charges; paid for by your agency. HHG weight allowance? (f) Advise the employee on the No, the UAB shipment is part of, not Government’s liability for any loss and § 302–7.402 What method of in addition to, the 18,000 pounds net damage claims under 31 U.S.C. 3721– transportation should we authorize for weight allowance for HHG. 3723; and shipment of PBP&E and UAB? (g) Ensure that international HHG You should authorize the actual § 302–7.302 What is the maximum weight shipments by water are made on ships expense method for transporting an allowance for a UAB shipment? registered under the laws of the United employee’s PBP&E only when the The maximum weight allowance for a States whenever such ships are weight of the PBP&E causes the UAB shipment is— available. employee’s shipment to exceed the (a) 350 pounds net weight for the maximum 18,000 pounds net HHG § 302–7.401 What method of weight limitation and in accordance employee and for each immediate transportation should we authorize for family member 12 years of age and over; shipment of HHG and temporary storage? with § 302–7.403. PBP&E and UAB should be weighed prior to shipment, if or There are two methods of transporting (b) 175 pounds net weight for each necessary, so the weight can easily be HHG and providing for temporary deducted from the 18,000 pounds net immediate family member under 12 storage, actual expense and commuted years of age. weight allowance. The PBP&E shipment rate. As a general rule, you should should then be made separate from the § 302–7.303 When may my agency authorize the method that is less costly HHG shipment and is an administrative authorize the shipment of UAB by expedited to the Government. The selected method expense to your agency if your agency means? should be stated on the relocation travel authorized PBP&E and the PBP&E authorization. Additional Your agency may authorize the caused the HHG shipment to go considerations that might affect your shipment of UAB by expedited means overweight. choice of method are: when— (a) Actual Expense Method. Under the § 302–7.403 What guidelines must we (a) Shipment by a lower cost mode actual expense method, the Government follow when authorizing transportation of cannot provide the required service, or assumes the responsibility for arranging PBP&E as an administrative expense? (b) You certify that your UAB is and paying for the actual expenses of all You have the sole discretion to necessary to carry out your assigned aspects of transporting the employee’s authorize transportation of PBP&E as an duties, or HHG, including PBP&E (e.g., packing/ administrative expense and may do so (c) Your agency determines that an unpacking, pickup/delivery, weighing, provided that— expedited shipment is necessary to line-haul, drayage, temporary storage, (a) An itemized inventory of PBP&E is prevent undue hardship to you and etc.). This method is used for all provided for review by the authorizing members of your immediate family. shipments OCONUS and within official at the new official station;
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(b) The authorizing official at the new administrative appropriation chargeable potential to result in out-of-pocket official station has certified that the must be listed as separate items on the expenses to the employee. Advise PBP&E are necessary for performance of bill of lading or other shipping employees that they will have to use the employee’s duties at the new duty document. their personal funds to pay for station, and if these items were not transporting HHG (including UAB) in transported, the same or similar items § 302–7.405 How must we arrange excess of 18,000 pounds net weight. transportation of HHG and UAB? would have to be obtained at 48. Add Appendix A to part 302–7 as Government expense for the employee’s When arranging transportation of follows: use at the new official station; and HHG and UAB, you should— (a) Determine the constructive cost of Appendix A to Part 302–7—How to (c) You have acquired evidence that Calculate a Constructive Cost transporting the PBP&E would cause the transporting HHG plus UAB, not to employees’ HHG to exceed the 18,000 exceed 18,000 pounds net weight in one An employee is authorized temporary duty pounds maximum net weight lot by the most economical means and (TDY) in Dallas, TX, from his/her permanent duty station in Washington, DC. allowance. limit the employee’s HHG transportation payment to such Employee is authorized to travel by § 302–7.404 When HHG are shipped under constructive cost; commercial air; however, employee elects to the actual expense method and PBP&E are (b) Make arrangements for travel by privately owned vehicle (POV) (not shipped as an administrative expense in the authorized). Maximum per diem rate for transporting the employee’s UAB under Dallas, TX, at the time of the TDY same lot, are separate weight certificates the appropriate bill of lading with direct required? assignment, $142.00 ($95.00 maximum payment by the agency; and lodging plus $47.00 (meals and incidental Yes, separate weight certificates are (c) Advise employees of this expenses (M&IE)). Actual lodging cost at required. The weight of PBP&E and the relocation entitlement limitation and its Dallas, TX, was $85.00.
TOTAL CONSTRUCTED TRAVEL COST BY COMMON CARRIER
Round-trip air coach ticket (city-pair fare paid by Government) = ...... $355.71 Taxi fare residence to airport = ...... $35.00 Taxi fare airport to hotel = ...... $25.00 First Day - travel to Dallas: 75% of M&IE rate for Dallas, plus lodging cost = $35.25 (75% x $47.00) plus $85.00 lodging cost = ...... $120.25 Three full days TDY in Dallas: 3 days x $132.00 ($85.00 lodging + $47.00 M&IE) = ...... $396.00 Last Day - return to PDS Washington, DC: 75% of M&IE rate for Dallas, TX = (75% X $47.00) = ...... $35.25 Lodging Taxes in Dallas (13%) = ...... $44.20 Taxi fare hotel to airport = ...... $25.00 Taxi fare airport to residence = ...... $35.00 Total constructed cost by common carrier = ...... $1,071.41
PART 302–9—ALLOWANCES FOR (d) Your agency must determine that § 302–9.504 [Amended] TRANSPORTATION AND EMERGENCY the cost of transporting your POV is not 55. Amend newly designated § 302– STORAGE OF A PRIVATELY OWNED greater than the value of your POV; and 9.504 by removing the reference to VEHICLE (e) The distance to be shipped is 600 ‘‘§ 302–9.504’’ and adding ‘‘§ 302– miles or more. 9.505’’ in its place. 49. The authority citation for 41 CFR 53. Revise § 302–9.302 to read as 56. Amend newly designated § 302– part 302–9 continues to read as follows: follows: 9.505 by removing ‘‘and’’ at the end of Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); § 302–9.302 How many POV’s may I be paragraph (c), removing the period at E.O. 11609, 36 FR 13747, 3 CFR, 1971–1973 authorized to transport within CONUS? the end of paragraph (d) and adding ‘‘; Comp., p. 586. You may be authorized to transport and’’ in its place, and adding paragraph (e) to read as follows: § 302–9.140 [Amended] up to two POV’s within CONUS at Government expenses under this § 302–9.505 What factors must we 50. Amend § 302–9.140 in paragraph subpart, provided your agency consider in deciding whether to authorize (a) by removing ‘‘§ 302–9.503’’ and determines such transportation is transportation of a POV to a post of duty? adding ‘‘302–9.504’’ in its place. advantageous and cost effective to the * * * * * Government in accordance with § 302– § 302–9.170 [Amended] (e) Cost of transporting the POV to the 9.301. new duty station will be greater than the 51. Amend § 302–9.170 by removing §§ 302–9.501 through 302–9.505 value of the POV. ‘‘302–9.503’’ in paragraph (d) and [Redesignated] 57. Amend newly designated § 302– adding ‘‘302–9.504’’ in its place. 54. Redesignate §§ 302–9.501 through 9.506 by removing the period at the end 52. Amend § 302–9.301 by removing 302–9.505 as §§ 302–9.502, 302–9.503, of paragraph (d) and adding ‘‘; and’’ in ‘‘and’’ at the end of paragraph (b), 302–9.504, 302–9.505, 302–9.506, its place, and adding paragraph (e) to removing the period at the end of respectively, and add a new § 302–9.501 read as follows: paragraph (c) and adding ‘‘;’’ in its to read as follows: place, and adding paragraphs (d) and (e) § 302–9.506 What must we consider in determining whether transportation of a to read as follows: § 302–9.501 How many POV’s may we authorize for transporting at Government POV within CONUS is cost effective? § 302–9.301 Under what conditions may expense? * * * * * my agency authorize transportation of my You may authorize transportation of (e) Cost of transporting the POV to the POV within CONUS? up to two POV’s at Government new duty station will be greater than the * * * * * expense. value of the POV.
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PART 302–11—ALLOWANCES FOR PART 302–15—ALLOWANCE FOR DEPARTMENT OF COMMERCE EXPENSES INCURRED IN PROPERTY MANAGEMENT SERVICES CONNECTION WITH RESIDENCE National Oceanic and Atmospheric TRANSACTIONS 63. The authority citation for 41 CFR Administration part 302–15 continues to read as 58. The authority citation for 41 CFR follows: 50 CFR Part 622 part 302–11 continues to read as Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); follows: [Docket No. 040804227–4227–01; I.D. E.O. 11609, 36 FR 13747, 3 CFR, 1971–1973 072604A] Authority: 5 U.S.C. 5738 and 20 U.S.C. Comp., p. 586. 905(c). 64. Revise § 302–15.2 to read as RIN 0648–AP02 follows: 59. Amend § 302–11.2 by removing Fisheries of the Caribbean, Gulf of the period at the end of paragraph (b)(2) § 302–15.2 What are the purposes of the Mexico, and South Atlantic; Reef Fish and adding ‘‘; and’’ in its place, and property management services allowance? Fishery of the Gulf of Mexico; Red adding paragraphs (c) and (d) to read as Snapper Rebuilding Plan follows: The purposes of the property management allowance are— AGENCY: National Marine Fisheries § 302–11.2 Am I eligible to receive an (a) To reduce overall Government allowance for expenses incurred in Service (NMFS), National Oceanic and relocation costs by using the property Atmospheric Administration (NOAA), connection with my residence management allowance in place of the transactions? Commerce. allowances for the sale of the * * * * * ACTION: Proposed rule; request for employee’s residence; and comments. (c) For this allowance to be tax (b) To relieve employees transferred deductible, your commute from the old OCONUS from the costs of maintaining SUMMARY: NMFS issues proposed residence to the new duty station by a home in the United States during their regulations to implement Amendment commonly traveled routes must increase tour of duty. 22 to the Fishery Management Plan by at least 50 miles. (See Internal 65. Revise § 302–15.70 to read as (FMP) for the Reef Fish Resources of the Revenue Service Publication 521, follows: Gulf of Mexico (Amendment 22) Moving Expenses.) However, the head prepared by the Gulf of Mexico Fishery of your agency or designee may § 302–15.70 What governing policies must Management Council (Council). These authorize an exception to the 50–mile we establish for the allowance for property management services? proposed regulations would provide the threshold on a case-by-case basis when regulatory authority to implement a he/she determines that it is in the best You must establish policies and mandatory observer program for interest of the Government. If such an procedures governing— selected commercial and for-hire exception is authorized, however, this (a) When you will authorize payment (charter vessel/headboat) vessels in the allowance is not tax deductible. for property management services for an Gulf of Mexico reef fish fishery. The (d) Any relocation must be incident to employee who transfers in the interest observer program would be an the transfer and not for the convenience of the Government; important component of a standardized of the employee. (b) When it is appropriate to authorize methodology to collect bycatch § 302–11.21 [Amended] this service on a reimbursable basis to information in the fishery. In addition, the employee, rather than paying the consistent with the requirements of the 60. Amend § 302–11.21, in the second property management company directly Magnuson-Stevens Act, Amendment 22 sentence, by removing ‘‘two years’’ and as long as any reimbursement is limited would establish a stock rebuilding plan, adding ‘‘one year’’ in its place. to the agency negotiated rate for this biological reference points, and stock 61. Revise § 302–11.22 to read as service or lower; status determination criteria for red follows: (c) Who will determine, for snapper in the Gulf of Mexico. The § 302–11.22 May the 1–year time limitation relocations to official duty stations in intended effect of these proposed be extended by my agency? the United States, whether payment for regulations is to end overfishing and Yes, your agency may extend the 1– property management services is more rebuild the red snapper resource. year limitation for up to one additional advantageous and cost effective than DATES: Written comments on the year for reasons beyond your control sale of an employee’s residence at proposed rule must be received no later and acceptable to your agency. Government expense; than 5 p.m., eastern time, on January 7, 62. Amend § 302–11.200 by revising (d) If and when you will allow an 2005. the introductory paragraph to read as employee who was offered and accepted ADDRESSES: You may submit comments follows: payment for property management on the proposed rule by any of the services to change his/her residence at following methods: § 302–11.200 What residence transaction Government expense in accordance • E-mail: 0648– expenses will my agency pay? with paragraph (e) of this section; and [email protected]. Include in Your agency will reimburse you for (e) How you will offset expenses you the subject line the following document residence transaction expenses not to have paid for property management identifier: 0648–AP02. exceed those customarily charged in the services against payable expenses for • Federal e-Rulemaking Portal: http:/ locality where the residence is located. sale of the employee’s residence when /www.regulations.gov. Follow the Provided that they are customarily paid an eligible employee who elected instructions for submitting comments. by the seller of a residence at the old payment for property management • Mail: Peter Hood, Southeast official station or by the purchaser of a services later changes his/her mind and Regional Office, NMFS, 9721 Executive residence at the new official station, elects instead to sell his/her residence at Center Drive N., St. Petersburg, FL your agency will pay the following Government expense. 33702. expenses: [FR Doc. 04–25890 Filed 11–22–04; 8:45 am] • Fax: 727–570–5583, Attention: Phil * * * * * BILLING CODE 6820–14–S Steele.
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Copies of Amendment 22, which prior to the implementation of a April Red snapper MFMT would be equal to includes a Regulatory Impact Review 14, 1998, rule (63 FR 1813) requiring the FMSY which is currently estimated at (RIR), Initial Regulatory Flexibility use of bycatch reduction devices 0.092. Analyses (IRFA), and a Final (BRDs), which are estimated to have Stock Rebuilding Plan Supplemental Environmental Impact reduced shrimp trawl bycatch mortality Statement may be obtained from the of red snapper by 40 percent. However, The Magnuson-Stevens Act requires Gulf of Mexico Fishery Management the Council’s Reef Fish Stock that rebuilding plans establish a Council, The Commons at Rivergate, Assessment Panel indicated even greater schedule for rebuilding overfished 3018 U.S. Highway 301 North, Suite reductions would be required to rebuild stocks that is as short as possible, and 1000, Tampa, FL 33619–2266; the red snapper stock to BMSY within the not to exceed 10 years, except in cases telephone: 813–228–2815; fax: 813– maximum recommended 31-year time where the biology of the stock, other 225–7015; e-mail: frame, even if the directed red snapper environmental conditions, or [email protected]. Copies of fishery were eliminated. management measures under an Amendment 22 can also be downloaded international agreement dictate NMFS returned the red snapper otherwise. The National Standard from the Council’s website at regulatory amendment to the Council in www.gulfcouncil.org. Guidelines provide a formula for July 2002, identifying the need to calculating the maximum rebuilding Written comments regarding the further explore alternative rebuilding burden-hour estimates or other aspects schedule in situations where it would plans based on realistic expectations for take 10 years or longer to rebuild a stock of the collection-of-information further reductions in shrimp trawl to BMSY in the absence of fishing requirements contained in this rule bycatch, and to more fully evaluate the must be submitted to Robert Sadler, mortality. Applied to the red snapper impacts of these alternatives in a Draft stock, this formula defines the Southeast Region, NMFS, at the above Supplemental Environmental Impact address, and to maximum recommended rebuilding Statement. Additionally, NMFS schedule as 31 years (e.g., time it would [email protected], or 202– suggested the need to better address the 395–7285 (fax). take to rebuild the stock to BMSY in the bycatch provisions of the Magnuson- absence of fishing mortality (12 years) FOR FURTHER INFORMATION CONTACT: Stevens Act. Amendment 22 to the Reef plus one mean generation time (19.6 Peter Hood, telephone: 727–570–5305, Fish FMP was developed in response to years)). Implicit to establishing a fax: 727–570–5583, e-mail: NMFS’s suggestions. rebuilding plan for a stock, overfishing [email protected]. Biological Reference Points and Stock will end sometime during the rebuilding SUPPLEMENTARY INFORMATION: The reef Status Determination Criteria Proposed period. When overfishing ends depends fish fishery in the exclusive economic in Amendment 22 on the type of rebuilding schedule zone (EEZ) of the Gulf of Mexico is selected. managed under the FMP. The FMP was Consistent with the requirements of For Gulf of Mexico red snapper, the prepared by the Council and is the Magnuson-Stevens Act, Amendment rebuilding plan would initially maintain implemented under the authority of the 22 would establish the following total allowable catch (TAC) at 9.12 Magnuson-Stevens Fishery biological reference points and stock million lb (4.14 million kg) wwt, end Conservation and Management Act status criteria for Gulf of Mexico red overfishing between 2009 and 2010, and (Magnuson-Stevens Act) by regulations snapper: maximum sustainable yield rebuild the red snapper stock by 2032. at 50 CFR part 622. (MSY); optimum yield (OY); maximum The status of the stock would be fishing mortality threshold (MFMT) (the Background reviewed and management measures fishing mortality rate which, if would be adjusted, as necessary, based In May 2001, the Council submitted to exceeded, would constitute overfishing); upon periodic stock assessments. The NMFS a regulatory amendment to the and minimum stock size threshold next stock assessment is scheduled for FMP, based on NMFS’s 1999 stock (MSST) (the stock size below which the late 2004. Annual landings also would assessment, that proposed to redefine stock would be considered overfished). be monitored to ensure quotas are not biological reference points and status MSY for red snapper would equal the exceeded. determination criteria for the red yield associated with fishing at FMSY Bycatch Reporting Methodology snapper stock and proposed a plan to (currently estimated at 0.092); thus, rebuild the red snapper stock to the MSY would equal 41.13 million lb The Council is required by the stock biomass capable of producing (18.66 million kg) whole weight (wwt), Magnuson-Stevens Act to establish a maximum sustainable yield on a assuming low maximum recruitment standardized bycatch reporting continuous basis (BMSY) by the year and an initial steepness of 0.90 for the methodology for Federal fisheries. 2032. The rebuilding plan proposed in stock-recruitment relationship. Current regulations require commercial the regulatory amendment was based on and recreational for-hire participants in analyses provided by NMFS in 2000. Until the red snapper stock recovers the Gulf of Mexico reef fish fishery who Because the incidental catch of juvenile to the target level, BMSY, the harvest for are selected by the Southeast Science (age 0–age 1) red snapper in the shrimp red snapper would be defined as and Research Director (SRD) to maintain trawl fishery comprises the vast consistent with the rebuilding strategy and submit a fishing record, including majority of the total fishing mortality on selected in Amendment 22. After bycatch information, on forms provided red snapper, the success of the achieving BMSY, the OY for red snapper by the SRD. rebuilding plan is primarily dependent would correspond to a fishing mortality To enhance current bycatch reporting, upon reductions in shrimp trawl rate (FOY) defined as FOY = 0.75*FMSY = this proposed rule would provide for bycatch. 0.069. the establishment of a mandatory According to NMFS’s stock Red snapper MSST would equal (1– observer program for the reef fish assessment, the number of juvenile red M) *BMSY = 2.453 billion lb (1.112 fishery. NMFS would develop a snapper taken incidental to the shrimp billion kg) wwt where BMSY = 2.726 procedure for the random selection of trawl fisheries accounted for about 90 billion lb (1.237 billion kg) wwt and M vessels for which a Federal commercial percent of the total red snapper harvest (natural mortality) = 0.1. vessel permit or charter vessel/headboat
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permit for Gulf of Mexico reef fish has disapproval. The Secretary’s decision Classification been issued. Vessels selected by NMFS regarding approvability is based on a At this time, NMFS has not would be required to carry a NMFS- number of factors including careful determined that Amendment 22, which approved observer. The owner or consideration of public comments and this proposed rule would implement, is operator of a vessel selected for observer consistency of the proposed action with consistent with the national standards coverage would be required to provide national standards, other provisions of of the Magnuson-Stevens Act and other food and accommodations for the the Magnuson-Stevens Act, and other applicable laws. In making that observer and provide the observer applicable law. determination, NMFS will take into access to the vessel’s equipment, The national standards in the account the data, views, and comments personnel, and physical space sufficient Magnuson-Stevens Act state the received during the comment period on to carry out the observer’s duties. The following: Amendment 22 (August 3, 2004, 69 FR costs associated with observer coverage, IN GENERAL.–Any fishery management 46518) and the comment period on this other than food and accommodations, plan prepared, and any regulation promulgated to implement any such plan, proposed rule. would be borne by NMFS. In selecting This proposed rule has been vessels, NMFS would consider the pursuant to this title shall be consistent with the following national standards for fishery determined to be not significant for suitability of the vessel for observer conservation and management: purposes of Executive Order 12866. coverage and would ensure that the 1. Conservation and management measures An IRFA has been prepared, as universe of vessels included is shall prevent overfishing while achieving, on required by section 603 of the representative of all statistical sub-zones a continuing basis, the optimum yield from Regulatory Flexibility Act. The IRFA in the Gulf of Mexico. Vessel permits each fishery for the United States fishing describes the economic impact this would not be renewed for vessels that industry. proposed rule, if adopted, would have fail or refuse to carry observers in 2. Conservation and management measures on small entities. A copy of the full accordance with this process. NMFS shall be based upon the best scientific analysis is available from the Council would initiate implementation of the information available. 3. To the extent practicable, an individual office (see ADDRESSES). A summary of observer program as soon as sufficient stock of fish shall be managed as a unit the analysis follows. funding for the program is obtained. throughout its range, and interrelated stocks The Magnuson-Stevens Act provides In addition, to further improve of fish shall be managed as a unit or in close bycatch reporting for the headboat the statutory basis for the proposed rule. coordination. Consistent with the requirements of the sector of the Gulf of Mexico reef fish 4. Conservation and management measures fishery, NMFS’s Marine Recreational shall not discriminate between residents of Magnuson-Stevens Act, the proposed Fisheries Statistical Survey (MRFSS) different States. If it becomes necessary to rule would establish biological reference would be enhanced by including allocate or assign fishing privileges among points and stock status criteria for red headboats, using the same sampling various United States fishermen, such snapper, establish a rebuilding plan for methodology as currently used for allocation shall be (A) fair and equitable to the overfished red snapper stock, all such fishermen; (B) reasonably calculated develop an observer program for the reef charter vessels. The existing MRFSS to promote conservation; and (C) carried out catch-and-effort program would be fish fishery with implementation being in such manner that no particular individual, contingent on sufficient funding, and continued to collect bycatch corporation, or other entity acquires an information from the private excessive share of such privileges. enhance the MRFSS through the recreational sector of the fishery. 5. Conservation and management measures inclusion of headboats in that survey. shall, where practicable, consider efficiency The objectives of the proposed rule Request for Comment in the utilization of fishery resources; except are to bring management of the red Under the Magnuson-Stevens Act, the that no such measure shall have economic snapper fishery into compliance with Council is responsible for developing allocation as its sole purpose. requirements of the Magnuson-Stevens fishery management plans and 6. Conservation and management measures Act, to address the overfished and shall take into account and allow for overfishing conditions of the red amendments necessary for the variations among, and contingencies in, conservation and management of fisheries, fishery resources, and catches. snapper stock, and to establish a fisheries within its area of jurisdiction. 7. Conservation and management measures standardized methodology to collect In formulating proposed management shall, where practicable, minimize costs and bycatch information in the fishery. recommendations, the Council relies avoid unnecessary duplication. The proposed rule would impact both upon the expertise and informed 8. Conservation and management measures the commercial and recreational judgement of its members and staff; shall, consistent with the conservation participants in the Gulf reef fish fishery. development and evaluation of requirements of this Act (including the At present, both the commercial and for- scientific information by its scientific prevention of overfishing and rebuilding of hire reef fish vessel permits are under a overfished stocks), take into account the moratorium, and no new permits will be and statistical committees; advice from importance of fishery resources to fishing its advisory panels that are comprised of communities in order to (A) provide for the issued during the moratorium. There are balanced representation from user sustained participation of such communities, 1,158 vessels with active commercial groups and interested constituents; and and (B) to the extent practicable, minimize reef fish permits. Of these commercial substantial public input resulting from adverse economic impacts on such permitees, 131 entities hold Class 1 the public’s participation at Council communities. licenses that allow a vessel trip limit of meetings, public hearings, and during 9. Conservation and management measures up to 2,000 lb (907 kg) of red snapper, public comment periods on shall, to the extent practicable, (A) minimize and approximately 357 entities hold amendments and associated rules. After bycatch and (B) to the extent bycatch cannot Class 2 licenses that allow a trip limit be avoided, minimize the mortality of such considering all of this information and bycatch. of up to 200 lb (91 kg) of red snapper. making any appropriate revisions, the 10. Conservation and management There are 1,515 for-hire vessels with Council approves the fishery measures shall, to the extent practicable, permits for both reef fish and coastal management plan or amendment for promote the safety of human life at sea. migratory pelagics. Also, there are 431 submission to the Secretary of NMFS is requesting comments on dealers who purchase reef fish from Commerce (Secretary) for review and whether this proposed rule meets the various vessels in the Gulf of Mexico. approval, partial approval, or national standards. The proposed rule is expected to affect
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all these reef fish commercial and for- program covers 8 percent of commercial selected reef fish permitted vessels. hire vessels and dealers. vessel trips, 1 percent of charterboat Alternative 5 would expand the current According to a survey of commercial trips, and 4 percent of headboat trips, bycatch reporting program for fishing vessels in the Gulf, average gross total costs would be about $5.92 million commercial reef fish and mackerel receipts ranged from $24,095 for low- annually, including the total costs for all permitted vessels to cover 100 percent volume vertical line vessels to $116,989 observers’ food and accommodations, of such vessels and all federally for high-volume longline vessels. Also, which are estimated to range between permitted for-hire vessels. Alternative 6 according to a survey of reef fish $98,640 and $123,300 annually. Owners would enhance the MRFSS to include processors in the Southeast, of vessels selected for observer coverage the headboat sector using the same employment by reef fish processors would be responsible only for the cost sampling methodology as for charter totaled 700 individuals, both part- and associated with providing food and vessels. full-time. Given this number and the accommodations for the observer. Among the alternatives, Alternative 1 likelihood that fish dealers are generally NMFS would cover the cost of (no action) is the least costly as it of smaller size than processors, providing the observer. Because there is involves no additional burden on the employment by any of the affected no expected reduction in harvests, and fishermen and the Federal government dealers is very likely to be less than 100 the bycatch reporting through an other than what is currently being individuals. Furthermore, according to observer program would be imposed incurred in generating bycatch two surveys of for-hire vessels in the only on vessels, dealers are not expected information. The cost of Alternative 2 Gulf, average gross receipts for to be adversely affected by the proposed would range from $0.87 million to $2.9 charterboats range from $58,000 in the rule. million, with burden time ranging from eastern Gulf of Mexico to $81,000 in the There are four basic alternatives 3,764 to 4,053 hours for commercial western Gulf while gross receipts for considered for the rebuilding plan; two vessels and from $1.16 million to $3.88 headboats range from $281,000 in the are constant catch strategies and two are million, with burden time of 89,240 eastern Gulf to $550,000 in the western constant fishing mortality rate (F) hours for for-hire vessels. The cost of Gulf. A fishing business is considered a strategies. The no action alternative is Alternative 3 is proportional to that of small entity if it is independently not considered a viable alternative, Alternative 2 based on sample size. owned and operated and is not because a rebuilding plan has to be Alternative 4 is estimated to cost $5.92 dominant in its field of operation, and instituted for the overfished red snapper million per year. Alternative 5 would if it has annual receipts not in excess of stock. Under the constant catch affect 926 additional commercial $3.5 million in the case of commercial strategies, the preferred alternative vessels, with burden time ranging from harvesting entities or $6.0 million in the would hold TAC constant at 9.12 3,009 to 3,241 hours, and 1,552 for-hire case of for-hire entities, or if it has fewer million lb (4.14 million kg), while the vessels, with burden time of about than 500 employees in the case of fish other alternative would keep TAC 89,240 hours. Alternative 6 would processors, or fewer than 100 employees constant at 6.0 million lb (2.7 million mainly affect headboat vessels. Using in the case of fish dealers. Given these kg). For the constant F strategies, one the same sampling technique as for data on earnings and employment, all of alternative would hold the TAC at 9.12 charter vessels, approximately 85 the business entities affected by the million lb (4.14 million kg) for a period headboats would be sampled per wave proposed rule are determined to be of years and gradually increase it over (two-month period). small business entities. time, while the other would hold the The monetary outlay of a bycatch Specification of sustainable fishing TAC constant at 6.0 million lb (2.7 reporting requirement may be shared by parameters has no economic impacts on million kg) for a period of years and the industry and government, or borne small entities because it does not alter increase it over time. In essence, the solely by either entity. If the cost were the current harvest or use of component other significant alternative to the borne solely by the industry, an stocks. The specification merely preferred TAC of 9.12 million lb (4.14 observer program would have the largest establishes benchmarks for fishery and million kg) is a TAC of 6.0 million lb negative impacts on small entities. An resource evaluation from which future (2.7 million kg). Over the first 5 years, observer program paid for by the management actions would be based. As this lower TAC would reduce government would also be expected to benchmarks, these parameters do not commercial vessel profits by $3.92 cost fishery participants less than the limit how, when, where, or with what million and for-hire vessel profits by logbook alternatives, even if an frequency participants in the fishery $18.35 million. The profit reduction for electronic logbook program were engage the resource. For rebuilding the dealers cannot be estimated. Thus, the selected and the logbook paid for by the red snapper stock, a TAC of 9.12 million preferred alternative would enable the government. The reason for this is that lb (4.14 million kg) is selected, and achievement of the goal to rebuild the a logbook program, electronic or because this is the same as the current stock and at the same time would otherwise, entails additional reporting TAC, this measure has no impacts on minimize the impacts on small entities. and record-keeping activities that would small entities. The preferred alternative Six alternatives are considered for still have to be incurred by the fishery for bycatch reporting is an observer reporting bycatch in the commercial and participants. Such activities are less program for the commercial and for-hire for-hire reef fish fishery. Alternative 1 is likely to increase under an observer reef fish fishery. An observer program the no action alternative. Alternative 2 program since most would be conducted would be new to the Gulf of Mexico reef requires all permitted reef fish vessels in by the observer. Under the proposed fish fishery and is expected to the Gulf of Mexico to participate in an observer program, an owner of a vessel potentially affect all commercial and electronic logbook program that selected for observer coverage would be for-hire vessels, although each year only includes bycatch reporting. Alternative responsible only for the cost associated a sample of these vessels would be 3 is similar to Alternative 2, but the with providing food and selected to carry observers. An observer electronic logbook program would be accommodations for the observer. program can lessen the reporting burden administered only to a randomly NMFS would cover the cost of for bycatch to the extent that this task selected sample of reef fish permitted providing the observer. would be carried out by a trained vessels. Alternative 4 would establish Notwithstanding any other provision observer. Assuming the observer an observer program for randomly of law, no person is required to respond
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to, and no person shall be subject to a List of Subjects in 50 CFR Part 622 (ii) * * * If the RA’s notification penalty for failure to comply with, a Fisheries, Fishing, Puerto Rico, indicates that the owner’s or dealer’s collection of information subject to the Reporting and recordkeeping permit, license, or endorsement is requirements of the Paperwork requirements, Virgin Islands. ineligible for automatic renewal, the Reduction Act (PRA) unless that notification will specify the reasons collection of information displays a Dated: November 16, 2004. and, if applicable, will provide an currently valid OMB control number. Rebecca Lent, opportunity for correction of any Deputy Assistant Administrator for deficiencies. * * * This rule contains a collection-of- Regulatory Programs, National Marine information requirement subject to Fisheries Service. * * * * * review and approval by OMB to the For the reasons set out in the 3. In § 622.8, paragraph (a)(3) is added PRA. This requirement has been preamble, 50 CFR part 622 is proposed and paragraphs (c)(4) and (c)(5) are submitted to OMB for approval. This to be amended as follows: revised to read as follows: requirement involves notification § 622.8 At-sea observer coverage. requirements for the purpose of PART 622—FISHERIES OF THE accommodating observer coverage. CARIBBEAN, GULF, AND SOUTH (a) * * * Public reporting burden for this ATLANTIC (3) Gulf reef fish. A vessel for which collection of information is estimated to a Federal commercial vessel permit for 1. The authority citation for part 622 Gulf reef fish or a charter vessel/ average 5 minutes per response, continues to read as follows: including time for reviewing headboat permit for Gulf reef fish has instructions, searching existing data Authority: 16 U.S.C. 1801 et seq. been issued must carry a NMFS- 2. In § 622.4, the second sentence of sources, gathering and maintaining the approved observer, if the vessel’s trip is paragraph (h)(1) introductory text and data needed, and completing and selected by the SRD for observer the first sentence of paragraph (h)(1)(ii) reviewing the collection of information. coverage. Vessel permit renewal is are revised to read as follows: contingent upon compliance with this NMFS seeks comments regarding: paragraph (a)(3). Whether this proposed collection of § 622.4 Permits and fees. information is necessary for the proper * * * * * * * * * * performance of the functions of the (h) * * * (c) * * * agency, including whether the (1) * * * In the interim years, renewal (4) Allow the observer free and information has practical utility; the is automatic (without application) for a unobstructed access to the vessel’s accuracy of the burden estimates; ways vessel owner or a dealer who has met bridge, working decks, holding bins, to enhance the quality, utility, and the specific requirements for the weight scales, holds, and any other clarity of the information to be requested permit, license, or space used to hold, process, weigh, or collected; and ways to minimize the endorsement; who has complied with store fish. burden of the collection of information, all reporting and data collection (5) Allow the observer to inspect and including through the use of automated requirements, including observer copy the vessel’s log, communications collection techniques or other forms of requirements, under the Magnuson- logs, and any records associated with information technology. Send comments Stevens Act; and who is not subject to the catch and distribution of fish for that on these or any other aspects of the a sanction or denial under paragraph (j) trip. collection of information to NMFS and of this section. * * * [FR Doc. 04–25961 Filed 11–22–04; 8:45 am] OMB (see ADDRESSES). * * * * * BILLING CODE 3510–22–S
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Notices Federal Register Vol. 69, No. 225
Tuesday, November 23, 2004
This section of the FEDERAL REGISTER Nominations are being sought for open of business, those members will be contains documents other than rules or Committee seats. The terms of 9 eligible for travel expenses paid by REE, proposed rules that are applicable to the members of the AC21 will expire in USDA, including per diem in lieu of public. Notices of hearings and investigations, early 2005. The AC21 Charter allows for subsistence, at the same rate as a person committee meetings, agency decisions and flexibility to appoint up to a total of 11 employed intermittently in the rulings, delegations of authority, filing of petitions and applications and agency members. Members can be reappointed government service as allowed under statements of organization and functions are to serve up to 6 consecutive years. Equal Section 5703 of Title 5, United States examples of documents appearing in this opportunity practices, in line with Code. section. USDA policies, will be followed in all Submitting Nominations: membership appointments to the Nominations should be typed and Committee. To ensure that the include the following: DEPARTMENT OF AGRICULTURE recommendations of the Committee 1. A brief summary of no more than have taken into account the needs of the two (2) pages explaining the nominee’s Agricultural Research Service diverse groups served by USDA, suitability to serve on the AC21. membership shall include, to the extent 2. A resume or curriculum vitae. Advisory Committee on Biotechnology practicable, individuals with 3. A completed copy of form AD–755. and 21st Century Agriculture; demonstrated ability to represent Nominations should be sent to Nominations minorities, women, and persons with Michael Schechtman at the address AGENCY: Office of the Under Secretary, disabilities. listed above, and be post marked no Research, Education, and Economics, Nominees of the AC21 should have later than December 23, 2004. USDA. recognized expertise in one or more of Dated: November 16, 2004. the following areas: Recombinant-DNA SUMMARY: The Agricultural Research Joseph Jen, Service is requesting nominations for (rDNA) research and applications using plants; rDNA research and applications Under Secretary for Research, Education and qualified persons to serve as members of Economics. the Secretary’s Advisory Committee on using animals; rDNA research and applications using microbes; food [FR Doc. 04–25981 Filed 11–22–04; 8:45 am] Biotechnology and 21st Century BILLING CODE 3410–03–P Agriculture (AC21). The charge for the science; silviculture and related forest AC21 is two-fold: To examine the long- science; fisheries science; ecology; term impacts of biotechnology on the veterinary medicine; the broad range of DEPARTMENT OF AGRICULTURE U.S. food and agriculture system and farming or agricultural practices; weed USDA; and to provide guidance to science; plant pathology; biodiversity; Office of the Under Secretary, USDA on pressing individual issues, applicable laws and regulations relevant Research, Education, and Economics identified by the Office of the Secretary, to agricultural biotechnology policy; related to the application of risk assessment; consumer advocacy Notice of the Advisory Committee on biotechnology in agriculture. and public attitudes; public health/ Biotechnology and 21st Century DATES: Written nominations must be epidemiology; ethics, including Agriculture Meeting bioethics; human medicine; received by fax or postmarked on or AGENCY: Agricultural Research Service. before December 23, 2004. biotechnology industry activities and structure; intellectual property rights ACTION: Notice of meeting. ADDRESSES: All nomination materials systems; and international trade. should be sent to Michael Schechtman, Members will be selected by the SUMMARY: In accordance with the Designated Federal Official, Office of Secretary of Agriculture in order to Federal Advisory Committee Act, 5 the Deputy Secretary, USDA, 202B achieve a balanced representation of U.S.C. App. II, the United States Jamie L. Whitten Federal Building, 14th viewpoints to address effectively USDA Department of Agriculture announces a and Independence Avenue, SW., biotechnology policy issues under meeting of the Advisory Committee on Washington, DC 20250. Forms may also consideration. Biotechnology and 21st Century be submitted by fax to (202) 690–4265. Nominations for AC21 membership Agriculture (AC21). FOR FURTHER INFORMATION CONTACT: must be in writing and provide the DATES: December 9–10, 2004, 8:30 a.m. Questions should be addressed to appropriate background documents to 5 p.m. on the first day and 8 a.m. to Michael Schechtman, Designated required by USDA policy, including 4 p.m. on the second day. Written Federal Official, telephone (202) 720– background disclosure form AD–755. requests to make oral presentations at 3817; fax (202) 690–4265; e-mail The AC21 meets in Washington, DC, the meeting must be received by the [email protected]. To obtain up to four (4) times per year. The contact person identified herein at least form AD–755 ONLY please contact function of the AC21 is solely advisory. three business days before the meeting. Dianne Harmon, Office of Pest Members of the AC21 and its ADDRESSES: Waugh Auditorium, USDA Management Policy, telephone (202) subcommittees serve without pay, but Economic Research Service, Third 720–4074, fax (202) 720–3191; e-mail with reimbursement of travel expenses Floor, South Tower, 1800 M St., NW., [email protected]. and per diem for attendance at AC21 Washington, DC 20036. Requests to SUPPLEMENTARY INFORMATION: AC21 and subcommittee functions for those make oral presentations at the meeting members serve staggered 2-year terms, AC21 members who require assistance may be sent to the contact person at with terms for half of the Committee in order to attend the meetings. While USDA, Office of the Deputy Secretary, members expiring in any given year. away from home or their regular place 202 B Jamie L. Whitten Federal
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Building, 12th and Independence (202) 720–3191 or by E-mail at Commerce, Office of Human Resources Avenues, SW., Washington, DC 20250. [email protected] at least 5 days Management, ATTN: Carin Otero, 1401 FOR FURTHER INFORMATION CONTACT: prior to the meeting. Please provide Constitution Avenue, NW., Room 5004, Michael Schechtman, Designated your name, title, business affiliation, Washington DC 20230. Note: If the Federal Official, Office of the Deputy address, and telephone and fax numbers application is hand-delivered by the Secretary, USDA, Telephone (202) 720– when you register. If you require a sign applicant or its representative to the 3817; Fax (202) 690–4265; E-mail language interpreter or other special U.S. Department of Commerce, Herbert [email protected]. accommodation due to disability, please C. Hoover Building, the application SUPPLEMENTARY INFORMATION: The indicate those needs at the time of must be delivered to Room 1874, which seventh meeting of the AC21 has been registration. is located at Entrance #10, 15th Street, scheduled for December 9–10, 2004. Dated: November 16, 2004. NW., between Pennsylvania and The AC21 consists of 18 members Joseph J. Jen, Constitution Avenues. The application should be addressed as specified above. representing the biotechnology industry, Under Secretary, Research, Education, and the seed industry, international plant Economics. Applications delivered on the date of the application deadline must be genetics research, farmers, food [FR Doc. 04–25982 Filed 11–22–04; 8:45 am] delivered by 12 noon EST. Applications manufacturers, commodity processors BILLING CODE 3410–03–P and shippers, environmental and will not be accepted electronically or consumer groups, and academic via facsimile. FOR FURTHER INFORMATION CONTACT: For researchers. In addition, representatives DEPARTMENT OF COMMERCE from the Departments of Commerce, a copy of the full funding opportunity Health and Human Services, and State, [Docket No. 000817241–4320–03] announcement for this request for and the Environmental Protection proposals and/or an application kit, Agency, the Council on Environmental Notice of Funding Availability for please note the Web site below listed Quality, and the Office of the United Postsecondary Internship Program under ‘‘Electronic Access.’’ For a paper States Trade Representative serve as ‘‘ex AGENCY: Office of Human Resources copy of the full funding opportunity officio’’ members. The AC21 at this Management, U.S. Department of announcement and/or an application meeting will continue its work to Commerce. kit, contact Carin Otero, U.S. develop a report examining the impacts Department of Commerce, Office of ACTION: Notice and request for Human Resources Management, 1401 of agricultural biotechnology on proposals. American agriculture and USDA over Constitution Avenue, NW., Room 5004, the next 5 to 10 years. In particular, the SUMMARY: The Department of Commerce Washington DC 20230, or via Internet at AC21 will review the progress of four (DOC) established a postsecondary [email protected], or via telephone at work groups developing portions of the internship program to aid and promote (202) 482–1445. report, specifically: A work group experiential training activities which SUPPLEMENTARY INFORMATION: developing the two introductory report foster future employment in DOC or the Electronic Access: The full funding chapters; a work group on key Federal Government in general. United opportunity announcement for the definitions; a work group on potential States citizens enrolled as students in 2- Postsecondary Internship Program is issues to consider; and a work group on and 4-year accredited educational available via the Internet at: preparing for the future. In this review, institutions will participate in onsite http://ohrm.doc.gov/Intern/ the AC21 will provide comments and work experiences in DOC bureaus and internprogram.htm. This announcement suggestions for how the Committee can office in order to integrate academic will also be available through develop the reports and move them theory and workplace requirements, Grants.gov at: http://www.Grants.gov. toward completion. The AC21 will seek gain relevant skills and knowledge, Funding Availability: Projections to achieve consensus on the contents of explore federal career options, develop based upon previous programs indicate the report. The AC21 will also discuss, professional networks, and develop a an average availability of between with a view to finalizing, a second draft greater awareness of the role of federal $230,000–$950,000 to support from 25 report developed by another work group agencies. The program will be to 100 interns. However, the exact level on the issue of the proliferation of administered through a partnership of funding is not yet known until DOC traceability and mandatory labeling between the DOC and nonprofit and/or and other agency host offices project regimes for biotechnology-derived educational institution(s) of higher their participation levels. Proposals products in other countries, the education and funded by cooperative should be based upon the cost of implications of those regimes, and what agreement(s). There will be no administering a summer program for 25 industry is doing to attempt to address employer-employee relationship student interns and five interns for each those requirements for products shipped between DOC and its hosted interns. academic year session. to those countries. Background The recipient will be the supervisor of Statutory Authority: Authority for the information regarding the work of the record for the interns and shall control Postsecondary Internship Program is AC21 will be available on the USDA the means and manner of the interns’ provided by 5 U.S.C. 7201, which Web site at http://www.usda.gov/ activities. This notice solicits proposals requires that each Executive agency agencies/biotech/ac21.html. On from eligible institutions that desire to conduct a continuing program for the December 9, 2004, if time permits, collaborate with the DOC on this recruitment of members of minorities to reasonable provision will be made for initiative. address under representation of oral presentations of no more than five minorities in various categories of DATES: Proposals must be received by minutes each in duration. Federal employment. Executive Order The meeting will be open to the the DOC no later than 12 noon Eastern 13256 provides for Executive public, but space is limited. If you Standard Time (EST), December 23, departments to enter into, among other would like to attend the meetings, you 2004. things, cooperative agreements with must register by contacting Ms. Dianne ADDRESSES: Proposals must be Historically Black Colleges and Harmon at (202) 720–4074, by fax at submitted to the U.S. Department of Universities (HBCUs) to further the
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goals of the Executive Order, principally will be based upon the proposal receive funding or is cancelled because that of strengthening the capacity of ranking, availability of funding, and the of other agency priorities. Publication of HBCUs to provide quality education, Selecting Official’s (DOC Program this announcement does not oblige the and to increase opportunities to Officer) determination of which DOC to award any specific project or to participate in and benefit from Federal proposals best meet the objectives of the obligate any available funds. programs. Executive Order 13230 calls program, specifically relating to who The Department of Commerce Pre- for increasing opportunities for will best reach the targeted audience of Award Notification Requirements for Hispanic Americans to participate in intern candidates. The amount of funds and benefit from Federal education awarded to each recipient will be Grants and Cooperative Agreements: programs. Executive Order 13270 helps determined in pre-award negotiations The Department of Commerce Pre- ensure that greater Federal resources are between the applicant, the Grants Office Award Notification Requirements for available to the tribal colleges. and the DOC Program Officer. Grants and Cooperative Agreements Executive Order 13216 directs Federal Evaluation Criteria: contained in the Federal Register notice agencies to increase participation of (1) Quality of Program Plan (30 of October 1, 2001 (66 FR 49917), as Asian and Pacific Islanders in Federal percent). Includes, but is not limited to, amended by the Federal Register notice programs. Applications will be accepted strategy for outreach and publicity, published on October 30, 2002 (67 FR from any eligible institution, and procedures for collecting and evaluating 66109), are applicable to this applications for internships shall be applications, comprehensiveness of solicitation. accepted from all students meeting program to include plans for onsite Paperwork Reduction Act: This program eligibility criteria and will not orientation for summer sessions, and document contains collection-of- practicality of approach. be limited only to minority students. information requirements subject to the Application, referral, and selection (2) Proposed Costs (20 percent). The proposed budget must be Paperwork Reduction Act (PRA). The processes shall be conducted without use of Standard Forms 424, 424A, 424B, any consideration of race, ethnicity, comprehensive and should include all SF–LLL, and CD–346 has been approved gender, or other personal factors. costs for program personnel, fringe Catalog of Federal Domestic benefits, travel, equipment, supplies, by the Office of Management and Assistance: 11.702—Internship Program and other associated items. The stipend Budget (OMB) under the respective for Postsecondary Students. level and other benefits (i.e., housing, control numbers 0348–0043, 0348–0044, Eligibility: Accredited universities, local transportation, etc.) proposed for 0348–0040, 0348–0046, and 0605–0001. colleges and nonprofit organizations are students should be stated in the budget Notwithstanding any other provision of eligible to apply. Eligible institutions and the budget narrative. law, no person is required to respond to, may form joint ventures to submit a (3) Key Personnel Qualifications (20 nor shall any person be subject to a joint application to share costs and percent). Includes an assessment of the penalty for failure to comply with, a administration roles and number, qualifications, and proposed collection of information subject to the responsibilities. In such cases, one of roles of staff who will administer the requirements of the PRA unless that the institutions must be designated as internship program. Resumes of collection of information displays a the lead organization for purposes of proposed personnel will facilitate the currently valid OMB control number. evaluation of the competency and receipt and overall accountability for Executive Order 12866: This notice any financial assistance award received experience of the proposed staff. has been determined to be not under this program. (4) Capabilities of the Applicant Cost Sharing or Matching Organization (20 percent). Considers, significant for purposes of Executive Requirement: Cost sharing is not among other things, previous experience Order 12866. required for the internship program. and success administering similar Executive Order 13132 (Federalism): Intergovernmental Review: programs, and staff and resources to It has been determined that this notice Applications under this program are not assure adequate development, does not contain policies with subject to Executive Order 12372, supervision, and execution of the Federalism implications as that term is ‘‘Intergovernmental Review of Federal proposed program. Additionally, an defined in Executive Order 13132. Programs.’’ organization’s commitment to educate/ Administrative Procedure Act/ Evaluation and Selection Procedures: advance the education of women, Regulatory Flexibility Act: Prior notice Prior to the formal paneling process, minorities, and people with disabilities and an opportunity for public comments each application will receive an initial will be a consideration in evaluating review to ensure that all required forms, this factor. are not required by the Administrative signatures, and documentation are Limitation of Liability: Funding for Procedure Act or any other law for this present. Each application will receive the program listed in this notice is notice concerning grants, benefits, and an independent, objective review by a contingent upon the availability of contracts (5 U.S.C. 553(a)(2)). Because panel qualified to evaluate the Fiscal Year 2005 appropriations. DOC notice and opportunity for comment are applications submitted. The issues this notice subject to the not required pursuant to 5 U.S.C. 553 or Independent Review Panel, consisting appropriations made available under the any other law, the analytical of at least three individuals (who are current Continuing Resolution, H.J. Res. requirements of the Regulatory federal employees), will review all 107, ‘‘making continuing appropriations Flexibility Act (5 U.S.C. 601 et seq) are applications based on the criteria stated for the Fiscal Year 2005, and for other inapplicable. Therefore, a regulatory below. The Independent Review Panel purposes,’’ Public Law 108–309. DOC flexibility analysis has not been will evaluate and rank the proposals. anticipates making awards for this prepared. Each reviewer will evaluate and provide program provided that funding for the Dated: November 17, 2004. a score for each proposal. After all program is continued beyond November proposals are assigned a score, each 20, 2005, the expiration of the current Deborah A. Jefferson, proposal will be ranked according to the Continuing Resolution. In no event will Director for Human Resources Management. average total score given by the the DOC be responsible for proposal [FR Doc. 04–25901 Filed 11–22–04; 8:45 am] reviewers. The final decision on awards preparation costs if this program fails to BILLING CODE 3510–BS–P
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DEPARTMENT OF COMMERCE 1. Submissions via Express/Package • E-mail: [email protected]. Delivery Services: Foreign-Trade Zones Include the phrase ‘‘Schedule 1 Notice Foreign-Trade Zones Board Board, U.S. Department of Commerce, of Inquiry’’ in the subject line; Franklin Court Building—Suite 4100W, • Fax: (202) 482–3355 (Attn: Willard [Docket 52–2004] 1099 14th Street, NW., Washington, DC Fisher); 20005; or • Mail or Hand Delivery/Courier: Foreign-Trade Zone 141—Monroe 2. Submissions via U.S. Postal Willard Fisher, U.S. Department of County, NY; Application for Expansion Service: Foreign-Trade Zones Board, Commerce, Bureau of Industry and An application has been submitted to U.S. Department of Commerce, FCB– Security, Regulatory Policy Division, the Foreign-Trade Zones Board (the 4100W, 1401 Constitution Ave., NW., 14th Street & Pennsylvania Avenue, Board) by the County of Monroe, New Washington, DC 20230. NW., Room 2705, Washington, DC York, grantee of FTZ 141, requesting The closing period for their receipt is 20230. authority to expand FTZ 141, in Monroe January 24, 2005. Rebuttal comments in FOR FURTHER INFORMATION CONTACT: For County, New York, within the Rochester response to material submitted during questions on the Chemical Weapons Customs port of entry. The application the foregoing period may be submitted Convention requirements for ‘‘Schedule was submitted pursuant to the during the subsequent 15-day period (to 1’’ chemicals, contact Larry Denyer, provisions of the Foreign-Trade Zones February 7, 2005). Treaty Compliance Division, Office of Act, as amended (19 U.S.C. 81a–81u), A copy of the application will be Nonproliferation and Treaty and the regulations of the Board (15 CFR available for public inspection at the Compliance, Bureau of Industry and part 400). It was formally filed on Office of the Foreign-Trade Zones Security, U.S. Department of Commerce, November 17, 2004. Board’s Executive Secretary at address Phone: (703) 605–4400. For questions FTZ 141 was approved on April 2, No. 1 listed above and at the Office of on the submission of comments, contact 1987 (Board Order 355, 52 FR 12219, 4/ the County Executive, Suite 8100, 39 Willard Fisher, Regulatory Policy 15/87). The zone project currently West Main Street, Rochester, New York Division, Office of Exporter Services, consists of the following sites in the 14614. Bureau of Industry and Security, U.S. Monroe County, New York area: Site 1 Department of Commerce, Phone: (202) Dennis Puccinelli, (10 acres)—401 Pixley Road, Gates; Site 482–2440. Executive Secretary. 2 (8 acres)—39 Breck Street, Rochester; SUPPLEMENTARY INFORMATION: Site 3 (14 acres)—10 Carriage Street, [FR Doc. 04–25957 Filed 11–22–04; 8:45 am] Honoeye Falls; Site 4 (38 acres)—200 BILLING CODE 3510–DS–P Background Carlson Road, Rochester; Site 5 (5 In its resolution to advise and consent acres)—655–C Basket Road, Webster; to the ratification of the Chemical DEPARTMENT OF COMMERCE Site 6 (5 acres)—111 Commerce Drive, Weapons Convention (Convention) (S. Henrietta; Site 7 (3 acres)—10 Thruway Bureau of Industry and Security Res. 75, April 24, 1997), the Senate Park Drive, Henrietta; Site 8 (2.2 included several conditions. Condition acres)—1698 Lyell Avenue, Rochester; 9 of Senate Resolution 75, titled Site 9 (1 acre)—847 West Avenue, [Docket No. 041025291–4291–01] ‘‘Protection of Advanced Building #10, Rochester; Site 10 (2 Impact of Implementation of the Biotechnology,’’ provides that the acres)—3025 Winton Road South, Chemical Weapons Convention on President shall certify to the Congress Rochester. Commercial Activities Involving on an annual basis that ‘‘* * * the The applicant is requesting authority ‘‘Schedule 1’’ Chemicals Through legitimate commercial activities and to expand the zone to include one Calendar Year 2004 interests of chemical, biotechnology, additional site in Rochester: Proposed and pharmaceutical firms in the United Site 11 (314 acres)—Rochester AGENCY: Bureau of Industry and States are not being significantly Technology Park, 789 Elmgrove Road, Security, Commerce. harmed by the limitations of the Rochester. The site is principally owned ACTION: Notice of inquiry. Convention on access to, and by Cohen Asset Management, Inc., and production of, those chemicals and Continental Industrial Capital LLC. The SUMMARY: The Bureau of Industry and toxins listed in Schedule 1* * *’’. new site is part of the former Site 4 Security (BIS) is seeking public In 2000, 2001, 2002, and 2003, BIS (Elmgrove facility) subzone comments on the impact that solicited comments from the public on manufacturing site of FTZ 141A, implementation of the Chemical the commercial impact of the Eastman Kodak Company, which is Weapons Convention has had on Convention’s Schedule 1 limitations, being converted to general industrial commercial activities involving and received no comments. In light of use. No specific manufacturing requests ‘‘Schedule 1’’ chemicals through this, the President certified to Congress are being made at this time. Such calendar year 2004. This notice of that firms were not significantly harmed requests would be made to the Board on inquiry is part of an effort to collect by the Convention’s Schedule 1 a case-by-case basis. information to assist in the preparation limitations. The Bureau of Industry and In accordance with the Board’s of the annual certification required Security is collecting data to assist in regulations, a member of the FTZ Staff under Condition 9 of Senate Resolution determining the impact, if any, that the has been designated examiner to 75, April 24, 1997, in which the Senate implementation of the Convention’s investigate the application and report to gave its advice and consent to the requirements have had on commercial the Board. ratification of the Chemical Weapons ‘‘Schedule 1’’ activities through Public comment on the application is Convention. calendar year 2004. invited from interested parties. On July 8, 2004, President Bush, by Submissions (original and 3 copies) DATES: Comments are due December 21, Executive Order 13346, delegated his shall be addressed to the Board’s 2004. authority to make the annual Executive Secretary at one of the ADDRESSES: You may submit comments certification to the Secretary of following addresses below: by any of the following methods: Commerce.
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The Convention on the Prohibition of (6) Require advance notification and Dated: November 18, 2004. the Development, Production, annual reporting of all imports and Peter Lichtenbaum, Stockpiling, and Use of Chemical exports of ‘‘Schedule 1’’ chemicals to, or Assistant Secretary for Export Weapons and Their Destruction, from, other States Parties to the Administration. commonly called the Chemical Convention (15 CFR 712.6, 742.18 and [FR Doc. 04–25950 Filed 11–22–04; 8:45 am] Weapons Convention (CWC), is an 745); and BILLING CODE 3510–33–P international arms control treaty that (7) Prohibit the export of ‘‘Schedule establishes the Organization for the 1’’ chemicals to States not Party to the Prohibition of Chemical Weapons DEPARTMENT OF COMMERCE Convention (15 CFR 742.18 and 745.2). (OPCW) to implement the verification provisions of the treaty. The CWC Discussion and Request for Comments National Institute of Standards and imposes a number of obligations on Technology countries that have ratified the In order to assist in determining Convention (States Parties), including whether the legitimate commercial [Docket No. 041103306–4306–01] enactment of legislation to prohibit the activities and interests of chemical, production, storage, and use of chemical biotechnology, and pharmaceutical RIN 0693–AB54 weapons, and establishment of a firms in the United States are being Announcing Draft of Federal National Authority for liaison with the significantly harmed by the limitations Information Processing Standard OPCW and other States Parties. The of the Convention on access to, and (FIPS) 201, Personal Identification CWC also requires States Parties to production of, ‘‘Schedule 1’’ chemicals, Verification for Federal Employees and implement a comprehensive data BIS is seeking public comments on any Contractors declaration and inspection regime to effects that implementation of the provide transparency and to verify that Chemical Weapons Convention has had AGENCY: National Institute of Standards both the public and private sectors of on commercial activities involving and Technology (NIST), Commerce. States Parties are not engaged in ‘‘Schedule 1’’ chemicals through ACTION: Notice. activities prohibited under the CWC. calendar year 2004. Schedule 1’’ chemicals are those toxic SUMMARY: This notice announces Draft chemicals and precursors identified in Submission of Comments Federal Information Processing the Convention as posing a high risk to All comments must be submitted to Standard (FIPS) 201, Personal the object and purpose of the the address indicated in this notice. The Identification Verification for Federal Convention. The ‘‘Schedule 1’’ Department requires that all comments Employees and Contractors, for public chemicals are set forth in the be submitted in written form. review and comment. The draft of FIPS Convention’s ‘‘Annex on Chemicals,’’ as 201 is being proposed in response to well as in Supplement No. 1 to part 712 The Department encourages interested tasking to the Secretary of Commerce by of the Chemical Weapons Convention persons who wish to comment to do so the President to promulgate, in Regulations (15 CFR 712). at the earliest possible time. The period accordance with applicable law, a The ‘‘Schedule 1’’ provisions of the for submission of comments will close Federal standard for secure and reliable Convention that affect commercial on December 21, 2004. The Department forms of identification for Federal activities are implemented through part will consider all comments received employees. The standard specifies the 712 of the Chemical Weapons before the close of the comment period. minimum necessary technical and Convention Regulations and parts 742 Comments received after the end of the operational requirements for such and 745 of the Export Administration comment period will be considered if Federal identification credentials. Prior Regulations, both administered by the possible, but their consideration cannot to the submission of this proposed Bureau of Industry and Security. These be assured. The Department will not standard to the Secretary of Commerce regulations: accept comments accompanied by a for review and approval, it is essential (1) Prohibit the import of ‘‘Schedule request that a part or all of the material that consideration be given to the needs 1’’ chemicals from States not Party to be treated confidentially because of its and views of the public, users, the the Convention (15 CFR 712.2(b)); business proprietary nature or for any information technology industry, and (2) Require annual declarations by other reason. The Department will Federal, State and local government certain facilities engaged in the return such comments and materials to organizations. The purpose of this production of ‘‘Schedule 1’’ chemicals the persons submitting the comments notice is to solicit such views. in excess of 100 grams aggregate per and will not consider them. All DATES: calendar year (i.e., declared ‘‘Schedule Comments must be received on comments submitted in response to this or before December 23, 2004. 1’’ facilities) for purposes not prohibited notice will be a matter of public record by the Convention (15 CFR 712.5); ADDRESSES: Written comments may be and will be available for public sent to: Chief, Computer Security (3) Require government approval of inspection and copying. ‘‘declared Schedule 1’’ facilities (15 CFR Division, Information Technology 712.5(e)); The Office of Administration, Bureau Laboratory, Attention: Comments on (4) Provide that ‘‘declared Schedule of Industry and Security, U.S. Draft FIPS 201, 100 Bureau Drive—Stop 1’’ facilities are subject to initial and Department of Commerce, displays 8930, National Institute of Standards routine inspection by the Organization public comments on the BIS Freedom of and Technology, Gaithersburg, MD for the Prohibition of Chemical Information Act (FOIA) Web site at 20899–8930. Electronic comments may Weapons (15 CFR 712.5(d)); http://www.bis.doc.gov/foia. This office also be sent to: (5) Require 200 days advance does not maintain a separate public [email protected]. The draft of notification of establishment of new inspection facility. If you have technical the standard is available via http:// ‘‘Schedule 1’’ production facilities difficulties accessing this web site, csrc.nist.gov/piv-project/index.html. producing greater than 100 grams please call BIS’s Office of Comments received in response to this aggregate of ‘‘Schedule 1’’ chemicals per Administration, at (202) 482–2165, for notice will be published electronically calendar year (15 CFR 712.4); assistance. at http://csrc.nist.gov.
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FOR FURTHER INFORMATION CONTACT: Federal non-national security systems is have to pre-register to be admitted. William Barker, Computer Security undertaken pursuant to specific Please submit your name, time of Division, National Institute of Standards responsibilities assigned to NIST in the arrival, e-mail address and phone Federal Information Security Management and Technology, Gaithersburg, MD Act of 2002. In addition, development of number to Carolyn Peters no later than 20899–8930, telephone (301) 975–8443, FIPS 201 is being undertaken in response to Thursday, December 2, 2004, and she e-mail: [email protected]. Homeland Security Presidential Directive will provide you with instructions for SUPPLEMENTARY INFORMATION: On August Number 12. admittance. Mrs. Peter’s e-mail address 27, 2004, the President signed Dated: November 18, 2004. is [email protected] and her Homeland Security Presidential Richard F. Kayser, phone number is (301) 975–5607. Directive (HSPD) Number 12 that Acting Deputy Director. DATES: The meeting will convene on directed the Secretary of Commerce to [FR Doc. 04–25953 Filed 11–22–04; 8:45 am] December 7 at 8:15 a.m. and will promulgate a Federal Standard by adjourn at 5 p.m. BILLING CODE 3510–CN–P February 27, 2005, that assures secure ADDRESSES: The meeting will be held in and reliable forms of identification of the Employees Lounge, Administration Federal and Federal contractor DEPARTMENT OF COMMERCE Building, at NIST, Gaithersburg, employees. In response, the NIST Maryland. Please note admittance Computer Security Division has National Institute of Standards and instructions under SUMMARY paragraph. initiated development of this standard. Technology FOR FURTHER INFORMATION CONTACT: The principal requirements of HSPD Carolyn J. Peters, Visiting Committee on Number 12 are to create a secure and Visiting Committee on Advanced Technology Advanced Technology, National reliable automated system that may be Institute of Standards and Technology, used Government-wide to: (1) Establish AGENCY: National Institute of Standards Gaithersburg, Maryland 20899–1000, the authentic true identity of an and Technology Department of telephone number (301) 975–5607. individual; (2) issue an identity Commerce. credential token to each authenticated SUPPLEMENTARY INFORMATION: The ACTION: Notice of partially closed individual containing an ‘‘electronic Assistant Secretary for Administration, meeting. representation’’ of the identity and the with the concurrence of the General Counsel, formally determined on person to whom it is issued which can SUMMARY: Pursuant to the Federal December 24, 2003, that portions of the later be verified using appropriate Advisory Committee Act, 5 U.S.C. app. meeting of the Visiting Committee on technical means when access to a secure 2, notice is hereby given that the Advanced Technology which deal with Federal facility or information system is Visiting Committee on Advanced discussion of sensitive budget and requested; (3) provide graduated criteria Technology (VCAT), National Institute planning information that would cause that provide appropriate levels of of Standards and Technology (NIST), harm to third parties if publicly shared assurance and security to the will meet Tuesday, December 7, 2004, be closed in accordance with section application; (4) be strongly resistant to from 8:15 a.m. to 5 p.m. The Visiting 10(d) of the Federal Advisory identity fraud, counterfeiting, and Committee on Advanced Technology is Committee Act, 5 U.S.C. app. 2. exploitation by individuals, terrorist composed of fifteen members appointed organizations, or conspiracy groups; (5) by the Director of NIST; who are Dated: November 18, 2004. initiate development and use of eminent in such fields as business, Hratch G. Semerjian, interoperable automated systems research, new product development, Acting Director. meeting these requirements. engineering, labor, education, [FR Doc. 04–25952 Filed 11–22–04; 8:45 am] To meet these requirements, the draft management consulting, environment, BILLING CODE 3510–13–P FIPS proposes (1) a credential issuance and international relations. The purpose process that relies upon identity of this meeting is to review and make documentation supplemented by record recommendations regarding general DEPARTMENT OF COMMERCE checking; (2) specifications for storage policy for the Institute, its organization, of biometric information on the identity its budget, and its programs within the National Oceanic and Atmospheric credential; (3) use of existing graduated framework of applicable national Administration criteria for employee position sensitivity policies as set forth by the President and [I.D. 111804B] and physical/logical access levels; (4) the Congress. The agenda will include security controls to counter fraud and an update on NIST’s activities; a Mid-Atlantic Fishery Management exploitation; and (5) information to preview of a new NIST overview; a Council (MAFMC); Public Meetings facilitate agency establishment of real- VCAT member’s presentation on time credential validity checking and managing organizations with remote AGENCY: National Marine Fisheries integration of the new credential into sites; an update on outreach strategy; an Service (NMFS), National Oceanic and physical and logical access systems. update on the Manufacturing Extension Atmospheric Administration (NOAA), Under the requirements of HSPD Partnership Program; and updates from Commerce. Number 12, the standard must be the Fall Senior Management Board ACTION: Notice of public meeting. promulgated by February 27, 2005. Strategy Retreat. Two laboratory tours NIST anticipates that the initial are scheduled. Discussions scheduled to SUMMARY: The Mid-Atlantic Fishery standard will be augmented over the begin at 8:15 a.m. and to end at 9 a.m. Management Council (Council) and its course of two to three years as on December 7, on the NIST budget and Magnuson-Stevens Act (MSA) additional supporting technical planning information will be closed. Reauthorization Committee; its guidelines, recommendations, reference Agenda may change to accommodate Ecosystem Committee; and, its implementations, and conformance tests Committee business. The final agenda Executive Committee will hold public are developed. will be posted on the NIST Web site. All meetings. Authority: NIST’s activities to develop visitors to the National Institute of DATES: The meetings will be held on computer security standards to protect Standards and Technology site will Tuesday, December 7, 2004 through
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Thursday, December 9, 2004. See strengths and weaknesses of current law DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION for specific and how it could be reinforced or dates and times. modified; and, the meeting of the National Oceanic and Atmospheric ADDRESSES: The meetings will be at the Ecosystem Committee will review Administration Holiday Inn Select, Interstate 95 and NMFS’ ecosystem survey meeting Naamans Road, Claymont (North outcome, and review the status of GIS [I.D. 111704D] Wilmington), DE 19703; telephone 302– (Geographic Information System) 792–2700. capabilities and applications for fishery New England Fishery Management Council address: Mid-Atlantic Fishery management. On December 8, the Council; Public Meetings Management Council, 300 S. New meeting of the Executive Committee AGENCY: National Marine Fisheries Street, Dover, DE 19904; telephone: will discuss the implication of de- Service (NMFS), National Oceanic and 302–674–2331. coupling Council and Commission Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: FMPs, and possible elimination/transfer Commerce. Daniel T. Furlong, Executive Director, of authority to jointly manage dogfish ACTION: Mid-Atlantic Fishery Management and monkfish FMPs. The joint meeting Notice of a public meeting. Council; telephone: 302–674–2331, ext. with the ASMFC’s Summer Flounder, SUMMARY: The New England Fishery Scup, and Black Sea Bass Board will set 19. Management Council (Council) is recreational management for the 2005 SUPPLEMENTARY INFORMATION: scheduling a public meeting of its Ad summer flounder, scup, and black sea Hoc Bycatch Committee in December, Tuesday, December 7, 2004 bass recreational fisheries. For each 2004 to consider actions affecting New fishery, the Council and Commission 1 p.m. to 3 p.m., the MSA England fisheries in the exclusive will review and discuss the Monitoring Reauthorization Committee will meet. economic zone (EEZ). Committee’s recommendations on 3 p.m. to 5 p.m., the Ecosystem Recommendations from this group will management measures, and will also Committee will meet. be brought to the full Council for formal review and discuss the Advisory Panels’ consideration and action, if appropriate. Wednesday, December 8, 2004 recommendations on management 8:30–9:30 a.m.,the Executive measures. Council will present its DATES: The meeting will be held on Committee will meet. Fisheries Achievement Award to Sonja December 6, 2004 at 10 a.m. 9:30 a.m., the Council will convene. Fordham of The Ocean Conservancy. On ADDRESSES: The meeting will be held at 9:30–11:45 a.m., the Council will December 9, the Council will convene at the Holiday Inn, 31 Hampshire Street, meet jointly with the Atlantic States 8:30 a.m. to receive a presentation from Mansfield, MA 02048; telephone: (978) Marine Fishery Commission’s (ASMFC) NMFS regarding its Sea Turtle Strategy 339–2200. Summer Flounder, Scup, and Black Sea under the Endangered Species Act; Council address: New England Bass Board (Board) to establish approve August and October Council Fishery Management Council, 50 Water recreational management measures of meeting minutes; hear organizational Street, Mill 2, Newburyport, MA 01950. the 2005 summer flounder fishery. reports, liaison reports, internal staff FOR FURTHER INFORMATION CONTACT: Paul 1 p.m., Council will present its 2004 reports and committee reports; and, act J. Howard, Executive Director, New Fisheries Achievement Award. on any new and/or continuing business. England Fishery Management Council; 1:15 p.m. to 5:30 p.m., the Council, Although non-emergency issues not telephone: (978) 465–0492. jointly with the ASMFC’s Board, will set contained in this agenda may come recreation management measures for SUPPLEMENTARY INFORMATION: The Ad before the Council for discussion, these scup and black sea bass fisheries for Hoc Bycatch Committee will meet to issues may not be the subject of formal 2005. begin the development of fishery Council action during this meeting. management measures to reduce Thursday, December 9, 2004 Council action will be restricted to those potential bycatch in fisheries, in 8:30 a.m., the Council will convene. issues specifically listed in this notice particular the very large 2003–year class 8:45 a.m. to 9:30 a.m., Council will and any issues arising after publication of haddock. hear a NMFS presentation regarding its of this notice that require emergency Although non-emergency issues not Sea Turtle Strategy under the action under section 305(c) of the contained in this agenda may come Endangered Species Act. Magnuson-Stevens Act, provided the before this group for discussion, those 9:30 a.m. until adjournment, Council public has been notified of the Council’s issues may not be the subject of formal will approve the August and October intent to take final actions to address action during this meeting. Action will Council meeting minutes, hear such emergencies. be restricted to those issues specifically organizational reports, receive status of Special Accommodations listed in this notice and any issues the Council’s Fishery Management arising after publication of this notice Plans, and hear the Executive Director’s This meeting is physically accessible that require emergency action under Report. Council will then receive to people with disabilities. Requests for section 305(c) of the Magnuson-Stevens Committee and Council liaison reports sign language interpretation or other Act, provided the public has been and address any continuing and/or new auxiliary aids should be directed to notified of the Council’s intent to take business. Debbie Donnangelo (302–674–2331) at final action to address the emergency. Agenda items for the Council’s least 5 days prior to the meeting date. Special Accommodations committees and the Council itself are: Dated: November 18, 2004. on December 7, the meeting of the MSA This meeting is physically accessible Reauthorization Committee will review Tracey L. Thompson, to people with disabilities. Requests for Bills proposed during the 108th Acting Director, Office of Sustainable sign language interpretation or other Congress, discuss U.S. Commission on Fisheries, National Marine Fisheries Service. auxiliary aids should be directed to Paul Ocean Policy Report and its [FR Doc. 04–25962 Filed 11–22–04; 8:45 am] J. Howard (see ADDRESSES) at least 5 implications on MSA, and discuss BILLING CODE 3510–22–S days prior to the meeting dates.
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Dated: November 18, 2004. Alaska Department of Fish & Game before these groups for discussion, those Alan D. Risenhoover, Report (and review of proposals to issues may not be the subject of formal Acting Director, Office of Sustainable Board of Fisheries) action during this meeting. Action will Fisheries, National Marine Fisheries Service. U.S. Fish & Wildlife Service Report be restricted to those issues specifically [FR Doc. E4–3288 Filed 11–22–04; 8:45 am] Protected Species Report (Review identified in this notice and any issues BILLING CODE 3510–22–S MMPA listing proposed rule arising after publication of this notice 2. Crab Rationalization: Review that require emergency action under proposed rule and comment. section 305(c) of the Magnuson-Stevens DEPARTMENT OF COMMERCE 3. Gulf of Alaska Groundfish (GOA) Fishery Conservation and Management Rationalization: Receive report from Act, provided the public has been National Oceanic and Atmospheric Community Committee, refine notified of the Council’s intent to take Administration alternatives and options for analysis. final action to address the emergency. 4. GOA Rockfish Demonstration Project: Review available information Special Accommodations [I.D. 111704C] and take action as necessary. These meetings are physically North Pacific Fishery Management 5. Essential Fish Habitat (EFH) and accessible to people with disabilities. Council; Public Meetings Habitat Area Particular Concern Requests for sign language (HAPC): Review Alternative 5B options interpretation or other auxiliary aids AGENCY: National Marine Fisheries analysis; and finalize alternatives. should be directed to Gail Bendixen at Review HAPC Process, and consider Service (NMFS), National Oceanic and 907–271–2809 at least 7 working days revisions as necessary. Update on Atmospheric Administration (NOAA), prior to the meeting date. Commerce. proposed Dixon Entrance HAPC area, Dated: November 18, 2004. ACTION: Meetings of the North Pacific action as necessary. Fishery Management Council and its 6. Improved Retention/Improved Alan D. Risenhoover, advisory committees. Utilization (IR/IU): Finalize alternatives Acting Director, Office of Sustainable and options, and revise problem Fisheries, National Marine Fisheries Service. SUMMARY: The North Pacific Fishery statement for Amendment 80. [FR Doc. E4–3290 Filed 11–22–04; 8:45 am] Management Council (Council) and its 7. Observer Program: Preliminary BILLING CODE 3510–22–S advisory committees will hold public review of analysis of program meetings December 6 through December restructuring. 14, 2004 at the Anchorage Hilton Hotel, 8. Halibut/Sablefish Individual DEPARTMENT OF COMMERCE Anchorage, AK. Fishing Quotas (IFQs) Program: Report from IFQ implementation Team and National Oceanic and Atmospheric DATES: The Council’s Advisory Panel consider initiating amendments. Final Administration will begin at 8 a.m., Monday, December Action on 4C/4D amendment. Final 6 and continue through Saturday [I.D. 111704B] action on omnibus regulatory December 11, 2004. The Scientific and amendments. Statistical Committee will begin at 8 South Atlantic Fishery Management 9. Halibut Subsistence: Final action Council; Public Meeting a.m. on Monday, December 6, 2004, and on omnibus regulatory amendment. continue through Wednesday, December 10. Pacific Cod Allocation: Review AGENCY: National Marine Fisheries 8, 2004.The Council will begin its background paper and develop problem Service (NMFS), National Oceanic and plenary session at 8 a.m. on Wednesday, statement and alternatives. Atmospheric Administration (NOAA), December 8 and continuing through 11. Groundfish Management: Aleutian Commerce. Tuesday December 14. All meetings are Island Special Management Area, ACTION: Notice of public workshop. open to the public except executive review preliminary discussion paper. sessions. The Enforcement Committee Bering Sea Aleutian Island Salmon SUMMARY: The Southeast Data, will meet Tuesday, December 7 from 1 Bycatch, develop problem statement Assessment and Review (SEDAR) p.m. to 5 p.m. and alternatives. Review rockfish process for the Caribbean Yellowtail ADDRESSES: The meeting will be held at management discussion paper (T). Snapper and Spiny Lobster consists of the Anchorage Hilton Hotel, 500 West Receive report from Non-Target Species a series of three workshops: a data 3rd Avenue, Anchorage, AK. Committee. Final groundfish workshop, an assessment workshop, Council address: North Pacific specifications for Gulf of Alaska. Final and a review workshop. As part of this Fishery Management Council, 605 W. groundfish specifications for Bering Sea series, a Data Workshop is being held. 4th Avenue, Suite 306, Anchorage, AK Aleutian Islands. Final action on FMP See SUPPLEMENTARY INFORMATION. 99501–2252. updates. DATES: The SEDAR 8 Data Workshop for FOR FURTHER INFORMATION CONTACT: 12. Staff Tasking: Review tasking and yellowtail snapper and spiny lobster Council staff, telephone: 907–271–2809. Committee and initiate action as will take place December 6–10, 2004. appropriate. SUPPLEMENTARY INFORMATION: Council The workshop will be held December 6, 13. Other Business. 2004, 1 p.m. to 5:30 p.m.; December 7– Plenary Session: The agenda for the Scientific and Statistical Committee Council’s plenary session will include 9, 2004, 8:30 a.m. to 5 p.m.; and (SSC): The SSC agenda will include the December 10, 2004, 8:30 a.m. to12 noon. the following issues. The Council may following issues: ADDRESSES: The Data Workshop will be take appropriate action on any of the 1. EFH and HAPC issues identified. 2. Groundfish Management held at the Frenchman’s Reef and 1. Reports 3. Observer Program Morningstar Resort, 5 EstateBakkeroe, Executive Director’s Report Advisory Panel: The Advisory Panel St. Thomas, VI 00801; telephone: (340) National Marine Fisheries Service will address the same agenda issues as 776–8500. Management Report the Council. FOR FURTHER INFORMATION CONTACT: John Enforcement Report Although non-emergency issues not Carmichael, SEDAR Coordinator, Coast Guard Report contained in this agenda may come SEDAR/SAFMC, One Southpark Circle,
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Suite 306, Charleston, SC 29407; Special Accommodations telephone: 843–571–4366 or toll free at telephone: (843) 571–4366 or toll free These meetings are physically 866/SAFMC-10; fax: 843–769–4520; e- (866) SAFMC–10; fax: 843/769–4520. accessible to people with disabilities. mail: [email protected]. SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: The Gulf Requests for sign language of Mexico, South Atlantic, and interpretation or other auxiliary aids Meeting Dates Caribbean Fishery Management should be directed to the South Atlantic Fishery Management Council office (see 1. Joint Ecosystem-Based Management Councils, in conjunction with NOAA and Habitat Committee Meeting: Fisheries and the Atlantic and Gulf ADDRESSES) at least 5 business days prior to the workshop. December 6, 2004, 1:30 p.m. – 5 p.m. States Marine Fisheries Commissions, During the joint meeting, the have implemented the SEDAR process, Dated: November 18, 2004. Committees will review the status of the a multi-step method for determining the Alan D. Risenhoover, Council’s Draft Action Plan for status of fish stocks in the Southeast Acting Director, Office of Sustainable Ecosystem-Based Management and Region. SEDAR typically includes three Fisheries, National Marine Fisheries Service. receive an update on workshops workshops: (1) Data Workshop, (2) [FR Doc. E4–3287 Filed 11–22–04; 8:45 am] conducted thus far relevant to the Assessment Workshop, and (3) Review BILLING CODE 3510–22–S Action Plan. The Committees will also Workshop. The product of the Data receive a briefing on the results of the Workshop and the Assessment joint meeting of the Council’s Habitat Workshop is a stock assessment report, DEPARTMENT OF COMMERCE AP and Coral AP and provide staff with which describes the fisheries, evaluates direction for continued work regarding the status of the stock, estimates National Oceanic and Atmospheric Administration Ecosystem-Based Management. biological benchmarks, projects future Note: A public hearing for Action 5 population conditions, and recommends [I.D. 111704A] (federal shrimp permits) in Amendment research and monitoring needs. The 6 to the Shrimp Fishery Management assessment report is independently peer South Atlantic Fishery Management Plan (FMP) will be held December 6, reviewed at the Review Workshop. The Council; Public Meetings 2004 beginning at 6 p.m. products of the Review Workshop are a AGENCY: National Marine Fisheries 2. Personnel Committee Meeting: Consensus Summary Report, which Service (NMFS), National Oceanic and December 7, 2004, 8:30 a.m. – 10 a.m. reports Panel opinions regarding the Atmospheric Administration (NOAA), (CLOSED SESSION) strengths and weaknesses of the stock Commerce. The Committee will receive a report assessment and input data, and an from the Executive Director regarding ACTION: Notice of public meetings. Advisory Report, which summarizes the staff issues. status of the stock. Participants for SUMMARY: The South Atlantic Fishery 3. Joint Executive Committee and SEDAR workshops are appointed by the Management Council (Council) will Finance Committee Meeting: December Regional Fishery Management Councils. hold meetings of its Shrimp Committee, 7, 2004, 10 a.m. until 12 noon Participants include data collectors, Mackerel Committee, Protected The Committees will receive an database managers, stock assessment Resources Committee, Dolphin Wahoo update on the Calendar Year (CY) 2004 scientists, biologists, fisheries Committee and Snapper Grouper budget, the status of the Fiscal Year researchers, fishermen, Committee. The Council will also hold 2005 Congressional budget, Approve the environmentalists, Council members, a joint meeting of its Ecosystem-Based CY 2005 activities schedule and the international experts, and staff of Management Committee and Habitat 2005 CY budget, and receive a report on Regional Councils, Interstate Committee, a joint Executive/Finance the status of the CY 2005–09 grant Commissions, and state and Federal Committees meeting, and closed budget. agencies. sessions of its Personnel Committee and 4. Shrimp Committee Meeting: December 7, 2004, 1:30 p.m. 2:30 p.m. The Data Workshop gathers stock Advisory Panel (AP) Selection The Shrimp Committee will review information, synthesizes available data Committee. In addition, there will be a the public comments received regarding sets, and compiles recommendations public hearing addressing Action 5 in Action 5 to Amendment 6 to the Shrimp concerning the best available data. Amendment 6 to the Shrimp Fishery FMP. Action 5 in the amendment Workshop Panelists assemble the best Management Plan (FMP) (Federal addresses alternatives for federal shrimp available data and document their permits) and a meeting of the full vessel permit requirements in the South opinions on various biological and data Council. Atlantic exclusive economic zone (EEZ). collection issues. Panelists are DATES : The meeting will be held in After reviewing comments, the responsible for drafting section I of the SUPPLEMENTARY December 2004. See Committee will develop SEDAR Stock Assessment Report. INFORMATION for specific dates and recommendations for full Council to Although non-emergency issues not times. consider. contained in this agenda may come ADDRESSES: The meeting will be held at 5. Mackerel Committee Meeting: before this group for discussion, those Sheraton Atlantic Beach, 2717 Fort December 7, 2004, 2:30 p.m. – 3:30 p.m. issues may not be the subject of formal Macon Road, Atlantic Beach, NC 28512; The Mackerel Committee will review action during this meeting. Action will telephone: (1–800) 624–8875 or (252) public comments regarding Amendment be restricted to those issues specifically 240–1155, fax: (252) 240–1452. 15 to the FMP for Coastal Migratory identified in this notice and any issues Copies of documents are available Pelagic Resources (mackerel) in the Gulf arising after publication of this notice from Kim Iverson, Public Information of Mexico and South Atlantic. that require emergency action under Officer, South Atlantic Fishery Amendment 15 addresses the current section 305(c) of the Magnuson-Stevens Management Council, One Southpark permit moratorium for king mackerel Fishery Conservation and Management Circle, Suite 306, Charleston, SC 29407– and proposed changes to the fishing Act, provided the public has been 4699. year for both king and Spanish mackerel notified of the Council’s intent to take FOR FURTHER INFORMATION CONTACT: Kim in the South Atlantic. The Committee final action to address the emergency. Iverson, Public Information Officer; will review Final Amendment 15 and
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develop recommendations for the full Note: A public comment on Mackerel Dated: November 18, 2004. Council. Amendment 15 will be held at 9:30 a.m. Alan D. Risenhoover, 6. Advisory Panel Selection From 9:45 a.m. – 10 a.m., the Council Acting Director, Office of Sustainable Committee Meeting: December 7, 2004, will hear a report from the Snapper Fisheries, National Marine Fisheries Service. 3:30 p.m. 5 p.m. (CLOSED SESSION) Grouper Committee and take action as [FR Doc. E4–3289 Filed 11–22–04; 8:45 am] The Advisory Panel Selection appropriate. BILLING CODE 3510–22–S Committee will meet to review From 10 a.m. – 10:15 a.m., the applications to the Council’s advisory Council will hear a report from the joint panels and develop recommendations to meeting of the Ecosystem-Based COMMITTEE FOR THE full Council. Management Committee and Habitat IMPLEMENTATION OF TEXTILE 7. Protected Resources Committee Committee and take action as AGREEMENTS Meeting: December 8, 2004, 8:30 a.m. – appropriate. 10 a.m. From 10:15 a.m. – 10:45 a.m., the Solicitation of Public Comments on The Protected Resources Committee Council will hear a report from the Request for Textile and Apparel will receive an update on protected Advisory Panel Selection Committee Safeguard Action on Imports from resources activities, a report on the and appoint Advisory Panel members. China Southeast Aquatic Resources From 10:45 a.m. – 11 a.m., the Partnership (SARP) meeting, and a Council will hear a report from the November 17, 2004. briefing on the strategy for reducing sea Protected Resources Committee and take AGENCY: The Committee for the turtle bycatch in fisheries from NMFS. action as appropriate. Implementation of Textile Agreements The Committee will provide input on From 11 a.m. – 11:15 a.m., the (the Committee) future activities regarding protected Council will hear a report from the ACTION: Solicitation of public comments resources. Dolphin Wahoo Committee and take concerning a request for safeguard 8. Dolphin Wahoo Committee action as appropriate. action on imports from China of combed Meeting: December 8, 2004, 10 a.m. – 12 From 11:15 a.m. – 11:30 a.m., the cotton yarn (Category 301). noon Council will hear a report from the Law The Dolphin Wahoo Committee will SUMMARY: The Committee has received a Enforcement Committee and take action meet to discuss tournament sales of request from the National Council of as appropriate. dolphin and wahoo and take action as Textile Organizations, the National From 11:30 a.m. – 11:45 a.m., the necessary. Textile Association, and the American Council will receive status reports from 9. Snapper Grouper Committee Manufacturing Trade Action Coalition NMFS Southeast Regional Office. Meeting: December 8, 2004, 1:30 p.m. 5 (Requestors) asking the Committee to From 11:45 a.m. – 12:15 p.m., the p.m. and December 9, 2004, 8:30 a.m. – limit imports from China of combed Council will receive a briefing on 5 p.m. cotton yarn in accordance with the litigation and other legal issues affecting The Snapper Grouper Committee will textile and apparel safeguard provision the Council (CLOSED SESSION). meet to continue its review of draft of the Working Party on the Accession Amendment 13B to the Snapper From 12:15 p.m. – 1:30 p.m., the of China to the World Trade Grouper FMP and choose its preferred Council will hear agency and liaison Organization (the Accession management measure alternatives. In reports, discuss other business, and Agreement). The Committee hereby addition, the Committee will discuss the review upcoming meetings. solicits public comments on this issue of the renewal timeframe for Documents regarding these issues are request. federal snapper/grouper permits. available from the Council office (see FOR FURTHER INFORMATION CONTACT: 10. Council Session: December 10, ADDRESSES). Jay 2004, 8:30 a.m. – 1:30 p.m. Although non-emergency issues not Dowling, Office of Textiles and Apparel, From 8:30 a.m. – 8:45 a.m., the contained in this agenda may come U.S. Department of Commerce, (202) Council will call the meeting order, before this Council for discussion, those 482-4058. make introductions and roll call and issues may not be the subjects of formal SUPPLEMENTARY INFORMATION: adopt the meeting agenda. Council action during this meeting. Authority: Section 204 of the Agriculture From 8:45 a.m. – 9:15 a.m., the Council action will be restricted to those Act of 1956, as amended; Executive Order Council will hear a report from the issues specifically listed in this notice 11651, as amended. Shrimp Committee and approve and any issues arising after publication BACKGROUND: Amendment 6 for formal Secretarial of this notice that require emergency review. action under section 305 (c) of the The textile and apparel safeguard Note: A public comment period on Magnuson-Stevens Act, provided the provision of the Accession Agreement Action 5 (permit requirements) in public has been notified of the Council’s provides for the United States and other Shrimp Amendment 6 will be held at intent to take final action to address the members of the World Trade 8:45 a.m. emergency. Organization that believe imports of From 9:15 a.m. – 9:30 a.m., the Except for advertised (scheduled) Chinese origin textile and apparel Council will receive a report from the public hearings and public comment, products are, due to market disruption, Joint Executive/Finance Committee and the times and sequence specified on this threatening to impede the orderly take action to approve the CY 2005 agenda are subject to change. development of trade in these products Activities Schedule and Budget. to request consultations with China From 9:30 a.m. – 9:45 a.m., the Special Accommodations with a view to easing or avoiding the Council will hear a report from the These meetings are physically disruption. Pursuant to this provision, if Mackerel Committee and approve accessible to people with disabilities. the United States requests consultations Amendment 15 to the FMP for Coastal Requests for sign language with China, it must, at the time of the Migratory Pelagics in the Gulf of Mexico interpretation or other auxiliary aids request, provide China with a detailed and South Atlantic for formal should be directed to the Council office factual statement showing ‘‘(1) the Secretarial review. (see ADDRESSES) by December 3, 2004. existence or threat of market disruption;
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and (2) the role of products of Chinese production of combed cotton yarn, or to of the close of the comment period as origin in that disruption.’’ Beginning on an imminent and substantial increase in to whether the United States will the date that it receives such a request, production capacity or investment in request consultations with China. If the China must restrict its shipments to the production capacity), taking into Committee is unable to make a United States to a level no greater than account the availability of other markets determination within 60 calendar days, 7.5 percent (6 percent for wool product to absorb any additional exports; (3) it will cause to be published a notice in categories) above the amount entered Whether Chinese-origin combed cotton the Federal Register, including the date during the first 12 months of the most yarn that is presently sold in the by which it will make a determination. recent 14 months preceding the request. Chinese market or in third-country If the Committee makes a negative If exports from China exceed that markets will be diverted to the U.S. determination, it will cause this amount, the United States may enforce market in the imminent future (for determination and the reasons therefore the restriction. example, due to more favorable pricing to be published in the Federal Register. The Committee has published in the U.S. market or to existing or If the Committee makes an affirmative procedures (the Procedures) it follows imminent import restraints into third determination that imports of Chinese in considering requests for Accession country markets); (4) The level and the origin combed cotton yarn threaten to Agreement textile and apparel safeguard extent of any recent change in disrupt the U.S. market, the United actions (68 FR 27787, May 21, 2003; 68 inventories of combed cotton yarn in States will request consultations with FR 49440, August 18, 2003), including China or in U.S. bonded warehouses; (5) China with a view to easing or avoiding the information that must be included Whether conditions of the domestic the disruption. in such requests in order for the industry of the like or directly Committee to consider them. competitive product demonstrate that James C. Leonard III, On October 27, 2004, the Requestors market disruption is likely (as may be Chairman, Committee for the Implementation asked the Committee to impose an evident from any anticipated factory of Textile Agreements. Accession Agreement textile and closures or decline in investment in the [FR Doc. E4–3306 Filed 11–22–04; 8:45 am] apparel safeguard action on imports production of combed cotton yarn, and BILLING CODE 3510–DS–S from China of combed cotton yarn whether actual or anticipated imports of (Category 301) on the ground that an Chinese-origin combed cotton yarn are anticipated increase in imports of likely to affect the development and COMMITTEE FOR THE combed cotton yarn after January 1, production efforts of the U.S. combed IMPLEMENTATION OF TEXTILE 2005, threatens to disrupt the U.S. cotton yarn industry; and (6) Whether AGREEMENTS market for combed cotton yarn. The U.S. managers, retailers, purchasers, Removal of Export Visa and ELVIS request is available at http:// importers, or other market participants otexa.ita.doc.gov. In light of the Requirements for Certain Cotton, have recognized Chinese producers of Wool, and Man-Made Fiber Socks in considerations set forth in the combed cotton yarn as potential Category 432 and 632 Part Produced or Procedures, the Committee has suppliers (for example, through pre- Manufactured in the People’s Republic determined that the Requestors have qualification procedures or framework of China provided the information necessary for agreements). the Committee to consider the request. Comments may be submitted by any November 18, 2004. The Committee is soliciting public interested person. Comments must be AGENCY: Committee for the comments on the request, in particular received no later than December 23, Implementation of Textile Agreements with regard to whether there is a threat 2004. Interested persons are invited to (CITA). of disruption to the U.S. market for submit ten copies of such comments to ACTION: Issuing a directive to the combed cotton yarn and, if so, the role the Chairman, Committee for the Commissioner, Bureau of Customs and of Chinese-origin combed cotton yarn in Implementation of Textile Agreements, Border Protection removing visa and that disruption. To this end, the Room 3001A, U.S. Department of ELVIS requirements. Committee seeks relevant information Commerce, 14th and Constitution addressing factors such as the following, Avenue N.W., Washington, DC 20230. EFFECTIVE DATE: November 24, 2004. which may be relevant in the particular The Committee will protect any FOR FURTHER INFORMATION CONTACT: Ross circumstances of this case, involving a business confidential information that is Arnold, International Trade Specialist, product under a quota that will be marked ‘‘business confidential’’ from Office of Textiles and Apparel, U.S. removed on January 1, 2005: (1) disclosure to the full extent permitted Department of Commerce, (202) 482– Whether imports of combed cotton yarn by law. To the extent that business 4212. For information on the quota from China are entering, or are expected confidential information is provided, status of these limits, refer to the Bureau to enter, the United States at prices that two copies of a non-confidential version of Customs and Border Protection are substantially below prices of the like must also be provided in which website (http://www.cbp.gov), or call or directly competitive U.S. product, business confidential information is (202) 344-2650. For information on and whether those imports are likely to summarized or, if necessary, deleted. have a significant depressing or Comments received, with the exception embargoes and quota re-openings, refer suppressing effect on domestic prices of of information marked ‘‘business to the Office of Textiles and Apparel the like or directly competitive U.S. confidential’’, will be available for website at http://otexa.ita.doc.gov. product or are likely to increase demand inspection between Monday–Friday, SUPPLEMENTARY INFORMATION: for further imports from China; (2) 8:30 a.m. and 5:30 p.m. in the Trade Authority: Section 204 of the Agricultural Whether exports of Chinese-origin Reference and Assistance Center Help Act of 1956, as amended (7 U.S.C. 1854); combed cotton yarn to the United States Desk, Suite 800M, USA Trade Executive Order 11651 of March 3, 1972, as are likely to increase substantially and Information Center, Ronald Reagan amended. imminently (due to existing unused Building, 1300 Pennsylvania Avenue, On October 29, 2004, as provided for production capacity, to capacity that NW., Washington, DC, (202) 482–3433. under paragraph 242 of the Report of the can easily be shifted from the The Committee will make a Working Party on the Accession of production of other products to the determination within 60 calendar days China to the World Trade Organization
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(Accession Agreement), the United Effective on November 24, 2004, you are DATES: 9 December 2004, 10:30 a.m.–5 States requested consultations with the directed to remove the visa and ELVIS p.m., 10 December 2004, 8:30 a.m.–5 Government of the People’s Republic of requirements for textile products in Category p.m. 432 and 632 part. However, the quota limit China with respect to imports of ADDRESSES: Embassy Suites Hotel, Chinese origin socks in Category 332/ for Category 332/432 and 632 Part remains in effect. Goods in Category 332 shall remain Crystal City—National Airport, 1300 432 and 632 part. Through a letter subject to the Group II limit, and will Jefferson Davis Highway, Arlington, VA published on November 1, 2004, the continue to be subject to export visa and 22202. Chairman of CITA directed the ELVIS requirements. Commission, U.S. Customs and Border The Committee for the Implementation of FOR FURTHER INFORMATION CONTACT: Protection, to establish a twelve-month Textile Agreements has determined that this MSgt Gerald T. Posey, USAF, limit on these products, beginning on action falls within the foreign affairs DACOWITS, 4000 Defense Pentagon, October 29, 2004, and extending exception of the rulemaking provisions of 5 Room 2C548A, Washington, DC 20301– through October 28, 2005 (69 FR 63371). U.S.C. 553(a)(1). 4000. Telephone (703) 697–2122. Fax At the same time, the Chairman of CITA Sincerely, (703) 614–6233. directed the Commissioner to require James C. Leonard III, SUPPLEMENTARY INFORMATION: Meeting that shipments of these products be Chairman, Committee for the agenda. accompanied by an export visa and Implementation of Textile Agreements. Electronic Visa Information System [FR Doc. E4–3305 Filed 11–22–04; 8:45 am] Thursday December 9, 2004 10:30 a.m.– 5 p.m. (ELVIS) transmission issued by the BILLING CODE 3510–DS–S Government of the People’s Republic of 2004 Committee Report, 4:30 p.m.– China; this requirement did not apply to 4:45 p.m. (Public Forum). shipments exported prior to November DEPARTMENT OF DEFENSE Friday December 10, 2004 8:30 a.m.–5 28, 2004. The Government of the p.m. People’s Republic of China has objected Office of the Secretary to the requirement that shipments of 2004 Committee Report, 2 p.m.–3:30 products in Category 432 and 632 Part Meeting of the Defense Department p.m. Committee Presents Findings and be accompanied by an export visa and Advisory Committee on Women in the Recommendations of the 2004 ELVIS transmission. Therefore, effective Services; (DACOWITS) DACOWITS Report to Dr. David S.C. on November 24, 2004, the United Chu, Under Secretary of Defense for AGENCY: States is rescinding the visa and ELVIS Department of Defense. Personnel and Readiness and Mr. requirements for products in these ACTION: Notice of meeting. Charles Abell, Principle Deputy for categories. However, the quota limit for Personnel and Readiness. SUMMARY: Pursuant to section 10(a), Category 332/432 and 632 Part remains Public Law 92–463, as amended, notice Note: Exact order may vary. in effect. Goods in Category 332 shall is hereby given of a forthcoming remain subject to the Group II limit, and Dated: November 18, 2004. meeting of the Defense Department will continue to be subject to export visa Advisory Committee on Women in the Jeannette Owings-Ballard, and ELVIS requirements. CITA will OSD Federal Register Liaison Officer, revisit this issue if the situation Services (DACOWITS). The purpose of the Committee meeting is to discuss the Department of Defense. warrants. [FR Doc. 04–25906 Filed 11–22–04; 8:45 am] A description of the textile and 2004 DACOWITS Report. The meeting BILLING CODE 5001–06–P apparel categories in terms of is open to the public, subject to the Harmonized Tariff Schedule of the availability of space. United States numbers is available in Interested persons may submit a DEPARTMENT OF EDUCATION the CORRELATION: Textile and written statement for consideration by Apparel Category with the Harmonized the Committee and make an oral presentation of such. Persons desiring to Submission for OMB Review; Tariff Schedule of the United States (see Comment Request Federal Register notice 69 FR 4926, make an oral presentation or submit a published on February 2, 2004). Also written statement to the Committee AGENCY: Department of Education. must notify the point of contact listed see 68 FR 65445, published on SUMMARY: The Leader, Information November 20, 2003. below no later than 5 p.m., December 2, Management Case Services Team, 2004. Oral presentations by members of James C. Leonard III, Regulatory Information Management the public will be permitted only on Services, Office of the Chief Information Chairman, Committee for the Implementation Thursday, December 9, 2004, from 4:30 of Textile Agreements. Officer invites comments on the p.m. to 4:45 p.m. before the full submission for OMB review as required The Committee for the Implementation of Committee. Presentations will be by the Paperwork Reduction Act of Textile Agreements limited to two minutes. Number of oral 1995. November 18, 2004. presentations to be made will depend on the number of requests received from DATES: Interested persons are invited to Commissioner, submit comments on or before Bureau of Customs and Border Protection, members of the public. Each person Washington, DC 20229. desiring to make an oral presentation December 23, 2004. Dear Commissioner: This directive must provide the point of contact listed ADDRESSES: Written comments should amends, but does not cancel, the directive below with one (1) copy of the be addressed to the Office of issued to you on October 28, 2004. Those presentation by 5 p.m., December 2, Information and Regulatory Affairs, directives concern the establishment of quota 2004 and bring 35 copies of any material Attention: Carolyn Lovett, Desk Officer, and visa requirements for certain cotton, that is intended for distribution at the Department of Education, Office of wool, and man-made fiber socks in Category 332/432 and 632 Part, produced or meeting. Persons submitting a written Management and Budget, 725 17th manufactured in China and exported during statement must submit 35 copies of the Street, NW., Room 10235, New the period beginning on October 29, 2004, statement to the DACOWITS staff by 5 Executive Office Building, Washington, and extending through October 28, 2005. p.m. on December 2, 2004. DC 20503 or faxed to (202) 395–6974.
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SUPPLEMENTARY INFORMATION: Section Requests for copies of the submission Tentative Agenda 3506 of the Paperwork Reduction Act of for OMB review; comment request may 1995 (44 U.S.C. Chapter 35) requires be accessed from http:// Goals that the Office of Management and edicsweb.ed.gov, by selecting the • Update status of post-closure Budget (OMB) provide interested ‘‘Browse Pending Collections’’ link and education facility Federal agencies and the public an early by clicking on link number 2615. When • opportunity to comment on information you access the information collection, Understand the status of Legacy collection requests. OMB may amend or click on ‘‘Download Attachments’’ to Management waive the requirement for public view. Written requests for information 8:30 a.m.—Call to Order consultation to the extent that public should be addressed to U.S. Department 8:30 a.m.—Updates and participation in the approval process of Education, 400 Maryland Avenue, Announcements would defeat the purpose of the SW, Potomac Center, 9th Floor, information collection, violate State or Washington, DC 20202–4700. Requests 9:15 a.m.—Post-closure Education Federal law, or substantially interfere may also be electronically mailed to the Facility, Status of Trailers/ with any agency’s ability to perform its Internet address [email protected] or Warehouse Legacy Management statutory obligations. The Leader, faxed to (202) 245–6621. Please specify Report on Rocky Flats Museum Information Management Case Services the complete title of the information 9:45 a.m.—Legacy Management and Team, Regulatory Information collection when making your request. Institutional Controls Plan Management Services, Office of the Comments regarding burden and/or Timeline, DOE Response to Chief Information Officer, publishes that the collection activity requirements Environmental Protection Agency notice containing proposed information should be directed to Kathy Axt at her Comments collection requests prior to submission e-mail address [email protected]. 10:15 a.m.—Break of these requests to OMB. Each Individuals who use a 10:30 a.m.—Planning for Fernald proposed information collection, telecommunications device for the deaf Citizens’ Advisory Board History/ grouped by office, contains the (TDD) may call the Federal Information Final Report following: (1) Type of review requested, Relay Service (FIRS) at 1–800–877– e.g. new, revision, extension, existing or 8339. 11:40 a.m.—FY 2005 Meeting Topics reinstatement; (2) title; (3) summary of 12 noon—Adjourn the collection; (4) description of the [FR Doc. E4–3302 Filed 11–22–04; 8:45 am] need for, and proposed use of, the BILLING CODE 4000–01–P Public Participation: The meeting is information; (5) respondents and open to the public. Written statements frequency of collection; and (6) may be filed with the Board chair either reporting and/or recordkeeping burden. before or after the meeting. Individuals DEPARTMENT OF ENERGY OMB invites public comment. who wish to make oral statements pertaining to agenda items should Dated: November 17, 2004. Environmental Management Site- contact the Board chair at the address or Angela C. Arrington, Specific Advisory Board, Fernald telephone number listed below. Leader, Information Management Case Requests must be received five days Services Team, Regulatory Information AGENCY: Department of Energy. prior to the meeting and reasonable Management Services, Office of the Chief ACTION: Notice of open meeting. Information Officer. provisions will be made to include the SUMMARY: This notice announces a presentation in the agenda. The Deputy Institute of Education Sciences meeting of the Environmental Designated Federal Officer, Gary Type of Review: Revision. Management Site-Specific Advisory Stegner, Public Affairs Office, Ohio Title: Common Core of Data (CCD) Board (EMSSAB), Fernald. The Federal Field Office, U.S. Department of Energy, Survey System. Advisory Committee Act (Pub. L. No. is empowered to conduct the meeting in Frequency: Annually. 92–463, 86 Stat. 770) requires that a fashion that will facilitate the orderly Affected Public: State, local, or tribal public notice of this meeting be conduct of business. Individuals Gov’t, SEAs or LEAs. announced in the Federal Register. wishing to make public comment will Reporting and Recordkeeping Hour be provided a maximum of five minutes DATES: Saturday, December 4, 2004 8:30 to present their comments. This notice Burden: Responses: 58. Burden Hours: a.m.—12 noon. 12,040. is being published less than 15 days Abstract: The Common Core of Data is ADDRESSES: Fernald Closure Project before the date of the meeting due to the National Center for Education Site, Crosby Township Senior Center, programmatic issues that had to be Statistics’ universe data collection for 8910 Willey Road, Harrison, Ohio resolved prior to publication. finance and non-finance information 45030. Minutes: The minutes of this meeting about public school districts and FOR FURTHER INFORMATION CONTACT: will be available for public review and schools. Information is collected Doug Sarno, The Perspectives Group, copying at the Freedom of Information annually from school districts about the Inc., 1055 North Fairfax Street, Suite Public Reading Room, 1E–190, Forrestal districts and their member schools 204, Alexandria, VA 22314, at (703) Building, 1000 Independence Avenue, including enrollment by grade, race/ 837–1197, or e-mail; SW., Washington, DC, 20585 between 9 ethnicity, and gender. Information is [email protected]. a.m. and 4 p.m., Monday-Friday, except also collected about students receiving Federal holidays. Minutes will also be various types of services such as English SUPPLEMENTARY INFORMATION: available by writing to the Fernald Language Learner services. The CCD Purpose of the Board: Citizens’ Advisory Board, Phoenix also collects information about the The purpose of the Board is to make Environmental Corporation, MS–76, occurrence of high school dropouts. recommendations to DOE in the areas of Post Office Box 538704, Cincinnati, OH Information about teachers and staffing environmental restoration, waste 43253–8704, or by calling the Advisory is also collected. management, and related activities. Board at (513) 648–6478.
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Issued at Washington, DC, on November DEPARTMENT OF ENERGY ACTION: Notice of orders. 18, 2004. [FE Docket Nos. 04–87–NG; 04–93–NG; 04– Rachel Samuel, SUMMARY: The Office of Fossil Energy 95–LNG; 04–92–NG; 04–98–NG; 04–96–NG; Deputy Advisory Committee Management 04–100–NG; 04–105–NG; 04–103–NG; 04– (FE) of the Department of Energy gives Officer. 99–NG; 04–109–NG; 04–110–NG; 04–102– notice that during October 2004, it [FR Doc. 04–25913 Filed 11–22–04; 8:45 am] NG; 04–94–NG; 04–97–NG; 04–94–NG; 04– issued Orders granting authority to BILLING CODE 6450–01–P 112–NG] import and export natural gas, including liquefied natural gas. These Orders are Boise White Paper, L.L.C.; summarized in the attached appendix Transcanada Energy Ltd.; Duke Energy and may be found on the FE Web site LNG Marketing and Management at http://www.fe.doe.gov (select gas Company; Virginia Power Energy regulation). They are also available for Marketing, Inc.; Pioneer Natural Resources Canada Inc.; Petrocom inspection and copying in the Office of Ventures, Ltd.; Pasadena Water and Natural Gas Regulatory Activities, Power; Constellation Energy Docket Room 3E–033, Forrestal Commodities Group, Inc.; Astra Power, Building, 1000 Independence Avenue, LLC; Glendale Water and Power; WPS SW., Washington, DC 20585, (202) 586– Energy Services, Inc.; WPS Energy 9478. The Docket Room is open between Services of Canada Corp.; Connecticut the hours of 8 a.m. and 4:30 p.m., Natural Gas Corporation; Hunt Oil Monday through Friday, except Federal Company of Canada, Inc.; Kanebi Inc.; holidays. Hunt Oil Company of Canada, Inc.; Issued in Washington, DC, on November Regent Resources Ltd.; Office of 16, 2004. Fossil Energy; Orders Granting R.F. Corbin, Authority To Import and Export Natural Gas, Including Liquefied Natural Gas Manager, Natural Gas Regulation, Office of Natural Gas Regulatory Activities, Office of AGENCY: Office of Fossil Energy, DOE. Fossil Energy.
APPENDIX—ORDERS GRANTING IMPORT/EXPORT AUTHORIZATIONS [DOE/FE Authority]
Importer/Exporter FE docket Import Export Order No. Date issued No. volume volume Comments
2023 ...... 10–7–04 Boise White Paper, L.L.C. 04– 10 Bcf Import and export a combined total of natural gas from and 87–NG. to Canada, beginning on November 1, 2004, and extend- ing through October 31, 2006. 2024 ...... 10–14–04 TransCanada Energy Ltd. 04– 700 Bcf 300 Bcf Import and export natural gas from and to Canada, begin- 93–NG. ning on November 1, 2004, and extending through Octo- ber 31, 2006. 2025 ...... 10–14–04 Duke Energy LNG Marketing 700 Bcf Import LNG from various international sources, beginning on and Management company October 4, 2004, and extending through October 3, 2006. 04–95–LNG. 2026 ...... 10–18–04 Virginia Power Energy Mar- 100 Bcf Import and export a combined total of natural gas from and keting, Inc. 04–92–NG. to Canada, beginning on July 1, 2004, and extending through June 30, 2006. 2027 ...... 10–27–04 Pioneer Natural Resources 77 Bcf Import natural gas from Canada, beginning on October 30, Canada Inc. 04–98–NG. 2004, and extending through October 29, 2006. 2028 ...... 10–27–04 Petrocom Ventures, Ltd. 04– 73 Bcf 73 Bcf Import and export natural gas from and to Canada and Mex- 96–NG. 73 Bcf 73 Bcf ico, beginning on November 1, 2004, and extending through October 31, 2006. 2029 ...... 10–27–04 Pasadena Water and Power 3.8 Bcf Import natural gas from Canada, beginning on November 1, 04–100–NG. 2004, and extending through October 31, 2006. 2030 ...... 10–27–04 Constellation Energy Com- 400 Bcf Import and export a combined total of natural gas from and modities Group, Inc. to Canada, beginning on November 1, 2004, and extend- ing through October 31, 2006. 2031 ...... 10–27–04 Astra Power, LLC 04–103–NG 146 Bcf 146 Bcf Import and export natural gas from and to Canada, begin- ning on November 1, 2004, and extending through Octo- ber 31, 2006. 2032 ...... 10–28–04 Glendale Water and Power 3.8 Bcf Import natural gas from Canada, beginning on November 1, 04–99–NG. 2004, and extending through October 31, 2006. 2033 ...... 10–28–04 WPS Energy Services, Inc. 100 Bcf 100 Bcf Import and export natural gas from and to Canada, begin- 04–109–NG. ning on November 1, 2004, and extending through Octo- ber 31, 2006. 2034 ...... 10–28–04 WPS Energy Services of Can- 100 Bcf 100 Bcf Import and export natural gas from and to Canada, begin- ada Corp. 04–110–NG. ning on November 1, 2004, and extending through Octo- ber 31, 2006. 2035 ...... 10–28–04 Connecticut Natural Gas Cor- 19 Bcf Import natural gas from Canada, beginning on November 1, poration 04–102–NG. 2004, and extending through October 31, 2006. 2036 ...... 10–28–04 Kanebi Inc. 04–97–NG ...... 20 Bcf Import natural gas from Canada, beginning on December 20, 2004, and extending through December 19, 2006.
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APPENDIX—ORDERS GRANTING IMPORT/EXPORT AUTHORIZATIONS—Continued [DOE/FE Authority]
Importer/Exporter FE docket Import Export Order No. Date issued No. volume volume Comments
2037 ...... 10–28–04 Hunt Oil Company of Canada, 6 Bcf Import natural gas from Canada, beginning on December 1, Inc. 04–94–NG. 2004, and extending through November 31, 2006. 2038 ...... 10–28–04 Regent Resources Ltd. 04– 15 Bcf Import natural gas from Canada, beginning on October 22, 112–NG. 2004, and extending through October 21, 2006.
[FR Doc. 04–25912 Filed 11–22–04; 8:45 am] ACTION: Notice of order. conclusion of the public scoping BILLING CODE 6450–01–P process under the National SUMMARY: The Office of Fossil Energy Environmental Policy Act (NEPA), (FE) gives notice that it issued DOE/FE based on public comments received and DEPARTMENT OF ENERGY Order No. 2046 granting Cascade internal considerations. BPA has Natural Gas Corporation authority to decided that it is not necessary to Office of Fossil Energy import up to 7.3 billion cubic feet of proceed with preparation of the natural gas annually from Canada, over [FE Docket No. 04–106–NG] Transmission Policy-Level EIS at this a term of four years that began on time, and therefore BPA is issuing this Cascade Natural Gas Corporation; November 1, 2004. The natural gas will notice of termination of intent to Order Granting Authority To Import be imported under a Gas Transaction prepare the Transmission Policy-Level Natural Gas From Canada Agreement with Nexen Marketing. EIS. This Order may be found on the FE AGENCY: Office of Fossil Energy, DOE. Web site at http://www.fe.doe.gov (select FOR FURTHER INFORMATION CONTACT: ACTION: Notice of order. gas regulation). It is also available for Mike Mayer or Rick Yarde, NEPA inspection and copying in the Office of project managers, Bonneville Power SUMMARY: The Office of Fossil Energy Natural Gas Regulatory Activities Administration—KEC–4, PO Box 3621, (FE) gives notice that it issued DOE/FE Docket Room, 3E–033, Forrestal Portland, Oregon 97208–3621; toll-free Order No. 2045 granting Cascade Building, 1000 Independence Avenue, telephone number 1–800–282–3713; fax Natural Gas Corporation authority to SW., Washington, DC 20585–0334, (202) number 503–230–5699; e-mail addresses import up to 6.4 billion cubic feet of 586–9478. The Docket Room is open [email protected] or [email protected]. natural gas annually from Canada, over from 8 a.m. to 4:30 p.m., Monday SUPPLEMENTARY INFORMATION: BPA has a term of five years that began on through Friday, except Federal holidays. been considering the voluntary adoption November 1, 2004. The natural gas will Issued in Washington, DC, November 17, of a comprehensive policy for its be imported under a Base Contract and transmission business. At the time the Transaction Confirmation with Enserco 2004. R.F. Corbin, NOI was issued, the EIS thus was Energy. proposed as a policy-level document to This Order may be found on the FE Manager, Natural Gas Regulatory Activities, assist in decision-making for the Web site at http://www.fe.doe.gov (select Office of Global Supply and Security, Office planning, construction, operation, gas regulation). It is also available for of Fossil Energy. marketing, and other transmission- inspection and copying in the Office of [FR Doc. 04–25910 Filed 11–22–04; 8:45 am] related efforts of BPA’s Transmission Natural Gas Regulatory Activities BILLING CODE 6450–01–P Docket Room, 3E–033, Forrestal Business Line. Also at that time, BPA Building, 1000 Independence Avenue, decided it would reevaluate the need for SW., Washington, DC 20585–0334, (202) DEPARTMENT OF ENERGY this EIS at the conclusion of the public 586–9478. The Docket Room is open scoping process under NEPA, based on Bonneville Power Administration from 8 a.m. to 4:30 p.m., Monday public comments received and internal through Friday, except Federal holidays. considerations. Subsequent to Transmission Policy-Level publication of the NOI, BPA entered the Issued in Washington, DC November 17, Environmental Impact Statement formal scoping period, informing the 2004. public of the proposed Transmission R.F. Corbin, AGENCY: Bonneville Power Administration (BPA), Department of Policy-Level EIS via newspaper notices, Manager, Natural Gas Regulatory Activities, Energy (DOE). Internet postings, regular BPA Office of Global Supply and Security, Office publications, a focused mailing, and of Fossil Energy. ACTION: Notice of termination of intent public meetings. The public meetings [FR Doc. 04–25909 Filed 11–22–04; 8:45 am] to prepare an Environmental Impact Statement (EIS). were held in Portland, Oregon; Seattle BILLING CODE 6450–01–P and Spokane, Washington; Boise, Idaho; SUMMARY: On December 22, 2003, BPA and Helena, Montana, in January and DEPARTMENT OF ENERGY published in the Federal Register a February 2004. Once the meetings had Notice of Intent (NOI) to prepare an EIS concluded, BPA published the Office of Fossil Energy (Volume 68, Number 245, Page 71101– comments received, as well as a Public 71102). The NOI announced BPA’s Meeting Scoping Summary, on the [FE Docket No. 04–107–NG] intent to prepare an EIS in conjunction project Internet page on March 19, 2004. Cascade Natural Gas Corporation; with its exploration of a broad range of In addition to comments noted during Order Granting Authority To Import potential transmission policies. At the the public meetings, BPA received Natural Gas From Canada time the NOI was issued, BPA decided approximately 44 written statements. it would reevaluate the need for this BPA continued to accept comments on AGENCY: Office of Fossil Energy, DOE. Transmission Policy-Level EIS at the the proposed Transmission Policy-Level
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EIS until March 31, 2004. Once scoping transmission line to connect the Project DEPARTMENT OF ENERGY ended, BPA revised the Scoping to the FCRTS (0.8 miles of new Summary to reflect all comments construction, and about 5 miles Federal Energy Regulatory received, and republished the summary involving reconstruction of an existing Commission on April 7, 2004. transmission line). Bonneville also has [Docket Nos. ER04–691–010, EL04–104–009, Based on the results of the public decided to offer separate contract terms ER04–106–004] scoping conducted for the Transmission for firm transmission services from the Policy-Level EIS and internal point of interconnection to the Mid- Midwest Independent Transmission considerations such as the current and Columbia trading hub in central System Operator, Inc.; Notice of Filing most recently projected activities of Washington (400 megawatts) and to BPA’s Transmission Business Line and John Day Substation in north central November 17, 2004. budget issues, BPA has decided that Oregon (200 megawatts). Take notice that on November 15, 2004, the Midwest Independent continued consideration of a ADDRESSES: Copies of the ROD and EIS Transmission System Operator, Inc. comprehensive policy for BPA’s may be obtained by calling BPA’s toll- transmission business is not in the best (Midwest ISO) submitted a compliance free document request line, 1–800–622– filing pursuant to the Commission’s interests of the agency at this time. As 4520. The ROD and EIS Summary are a result, it is no longer necessary to September 16, 2004 Order in Midwest also available on our Web site, http:// Independent Transmission System proceed with preparation of the www.efw.bpa.gov. Transmission Policy-Level EIS. Operator, Inc., 108 FERC ¶ 61,236 FOR FURTHER INFORMATION, CONTACT: Therefore, BPA is issuing this notice of (2004). Thomas C. McKinney, Bonneville Power The Midwest ISO states that it has termination of intent to prepare the Administration-KEC–4, P.O. Box 3621, electronically served a copy of the filing Transmission Policy-Level EIS. Information gathered from the Portland, Oregon, 97208–3621; toll-free upon all Midwest ISO Members, Transmission Policy-Level EIS public telephone number 1–800–282–3713; fax Member representatives of Transmission scoping process will be considered in a number 503–230–5699; or e-mail Owners and Non-Transmission Owners, separate NEPA process being [email protected]. the Midwest ISO Advisory Committee undertaken by BPA to review its SUPPLEMENTARY INFORMATION: The participants, Policy Subcommittee Business Plan Environmental Impact proposed Project involves constructing participants, and all state commissions Statement (DOE/EIS–0183, June 1995) and operating a new 720-megawatt within the region. In addition, the which since its completion has acted as (MW) natural gas-fired, combined-cycle Midwest ISO states that the filing has a comprehensive analysis of the power generation facility at a 265-acre been posted on the Midwest ISO’s Web agency’s business practices. site adjacent to BP’s existing Cherry site at http://www.midwestiso.org under the heading ‘‘Filings to FERC’’. The Issued in Portland, Oregon, on November Point Refinery between Ferndale and Blaine in northwestern Whatcom Midwest ISO further states that it will 15, 2004. provide hard copies upon request. Stephen J. Wright, County, Washington. A new switchyard would be constructed at the Project site, Any person desiring to intervene or to Administrator and Chief Executive Officer. connecting to a new 230-kilovolt (kV) protest this filing must file in [FR Doc. 04–25911 Filed 11–22–04; 8:45 am] double-circuit transmission line 0.8 accordance with Rules 211 and 214 of BILLING CODE 6450–01–P miles east to Bonneville’s existing 230- the Commission’s Rules of Practice and kV Custer-Intalco No. 2 transmission Procedure (18 CFR 385.211, 385.214). line. From there, Bonneville would add Protests will be considered by the DEPARTMENT OF ENERGY another 230-kV circuit to Custer Commission in determining the appropriate action to be taken, but will Bonneville Power Administration Substation by rebuilding the single- circuit Custer-Intalco No. 2 line to not serve to make protestants parties to the proceeding. Any person wishing to BP Cherry Point Cogeneration Project double-circuit, a distance of about 5 miles. become a party must file a notice of AGENCY: Bonneville Power A Large Generation Interconnection intervention or motion to intervene, as Administration (Bonneville), Agreement with BP would provide for appropriate. Such notices, motions, or Department of Energy (DOE). interconnection of the BP Cherry Point protests must be filed on or before the ACTION: Notice of availability of Record Cogeneration Project with the FCRTS comment date. Anyone filing a motion of Decision (ROD). and electrical generation in the to intervene or protest must serve a copy Bonneville Control Area. The agreement of that document on the Applicant and SUMMARY: This notice announces the also would provide for construction of all the parties in this proceeding. availability of the ROD to implement the interconnection facilities (i.e., adding or The Commission encourages proposed action identified in the BP modifying electrical equipment at the electronic submission of protests and Cherry Point Cogeneration Project Final Cherry Point Switchyard and at Custer interventions in lieu of paper using the Environmental Impact Statement (FEIS) and/or Intalco Substations, and/or ‘‘eFiling’’ link at http://www.ferc.gov. (DOE/EIS–0349, August 2004). Under rebuilding the Custer-Intalco No. 2 Persons unable to file electronically the proposed action, Bonneville will transmission line) and continued should submit an original and 14 copies offer contract terms for interconnection operations and maintenance of of the protest or intervention to the of the BP Cherry Point Cogeneration interconnection equipment at BP Federal Energy Regulatory Commission, Project (Project) with the Federal expense. 888 First Street, NE., Washington, DC Columbia River Transmission System 20426. (FCRTS), as requested by BP West Coast Issued in Portland, Oregon, on November This filing is accessible on-line at Products, LLC (BP) and proposed in the 10, 2004. http://www.ferc.gov, using the FEIS. Under that contract, Bonneville Stephen J. Wright, ‘‘eLibrary’’ link and is available for and BP will jointly construct a Administrator and Chief Executive Officer. review in the Commission’s Public switchyard at the Project site, and [FR Doc. 04–25914 Filed 11–22–04; 8:45 am] Reference Room in Washington, DC. Bonneville will construct a 230-kilovolt BILLING CODE 6450–01–P There is an ‘‘eSubscription’’ link on the
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Web site that enables subscribers to of that document on the Applicant and mail to [email protected], or by mail receive e-mail notification when a all the parties in this proceeding. to: EPA Docket Center, Environmental document is added to a subscribed The Commission encourages Protection Agency, EPA Docket Center, docket(s). For assistance with any FERC electronic submission of protests and Environmental Protection Agency, Online service, please e-mail interventions in lieu of paper using the Water Docket, EPA West, 4101T, 1200 [email protected], or call ‘‘eFiling’’ link at http://www.ferc.gov. Pennsylvania Ave., NW., Washington, (866) 208–3676 (toll free). For TTY, call Persons unable to file electronically DC 20460. (202) 502–8659. should submit an original and 14 copies FOR FURTHER INFORMATION CONTACT: Erik Comment Date: 5 p.m. eastern time on of the protest or intervention to the Helm, Office of Science and November 29, 2004. Federal Energy Regulatory Commission, Technology, 4303T, Environmental 888 First Street, NE., Washington, DC Linda Mitry, Protection Agency, 1200 Pennsylvania 20426. Ave., NW., Washington, DC 20460; Deputy Secretary. This filing is accessible on-line at telephone number: 202–566–1066; fax [FR Doc. E4–3303 Filed 11–22–04; 8:45 am] http://www.ferc.gov, using the number: 202–566–1054; e-mail address: BILLING CODE 6717–01–P ‘‘eLibrary’’ link and is available for [email protected] review in the Commission’s Public SUPPLEMENTARY INFORMATION: EPA has Reference Room in Washington, DC. DEPARTMENT OF ENERGY established a public docket for this ICR There is an ‘‘eSubscription’’ link on the under Docket ID number OW–2004– Federal Energy Regulatory Web site that enables subscribers to 0020, which is available for public Commission receive e-mail notification when a viewing at the Water Docket in the EPA document is added to a subscribed Docket Center (EPA/DC), EPA West, [Docket Nos. ER00–744–002, ER00–1712– docket(s). For assistance with any FERC Room B102, 1301 Constitution Ave., 004, ER00–1703–001] Online service, please e-mail NW., Washington, DC. The EPA Docket [email protected], or call PPL Brunner Island, LLC, PPL Center Public Reading Room is open (866) 208–3676 (toll free). For TTY, call Holtwood, LLC, PPL Martins Creek, from 8:30 a.m. to 4:30 p.m., Monday (202) 502–8659. LLC, PPL Montour, LLC, PPL through Friday, excluding legal Comment Date: 5 p.m. eastern time on Susquehanna, LLC, PPL Electric holidays. The telephone number for the November 30, 2004. Utilities Corporation, PPL EnergyPlus, Reading Room is (202) 566–1744, and LLC; Notice of Filing Linda Mitry, the telephone number for the Water Deputy Secretary. Docket is (202) 566–2426. An electronic November 17, 2004. version of the public docket is available [FR Doc. E4–3304 Filed 11–22–04; 8:45 am] Take notice that on November 9, through EPA Dockets (EDOCKET) at 2004, PPL Brunner Island, LLC, PPL BILLING CODE 6717–01–P http://www.epa.gov/edocket. Use Holtwood, LLC, PPL Martins Creek, EDOCKET to obtain a copy of the draft LLC, PPL Montour, LLC and PPL collection of information, submit or Susquehanna, LLC (collectively, the PPL ENVIRONMENTAL PROTECTION view public comments, access the index Generating Companies), PPL Electric AGENCY listing of the contents of the public Utilities Corporation (PPL Electric) and [OW–2004–0020, FRL–7840–4] docket, and to access those documents PPL EnergyPlus, LLC (PPL EnergyPlus), in the public docket that are available tendered for filing amendments to their Agency Information Collection electronically. Once in the system, pending triennial market power updates Activities: Proposed Collection; select ‘‘search,’’ then key in the docket pursuant to Acadia Power Partners, LLC, Comment Request; Willingness To Pay ID number identified above. 107 FERC ¶ 61,168 (2004). The PPL Survey: Phase III Cooling Water Intake Any comments related to this ICR Generating Companies, PPL Electric and Structures, EPA ICR Number 2155.01 should be submitted to EPA within 60 PPL EnergyPlus also submitted days of this notice. EPA’s policy is that amendments to each of their market- AGENCY: Environmental Protection public comments, whether submitted based rate tariffs to incorporate the Agency. electronically or in paper, will be made Market Behavior Rules adopted by the ACTION: Notice. available for public viewing in Commission in Investigation of Terms EDOCKET as EPA receives them and SUMMARY: and Conditions of Public Utility Market- In compliance with the without change, unless the comment Based Rate Authorizations, 105 FERC Paperwork Reduction Act (44 U.S.C. contains copyrighted material, CBI, or ¶ 61,218 (2003). 3501 et seq.), this document announces other information whose public Any person desiring to intervene or to that EPA is planning to submit a disclosure is restricted by statute. When protest this filing must file in proposed Information Collection EPA identifies a comment containing accordance with Rules 211 and 214 of Request (ICR) to the Office of copyrighted material, EPA will provide the Commission’s Rules of Practice and Management and Budget (OMB). This is a reference to that material in the Procedure (18 CFR 385.211, 385.214). a request for a new collection. Before version of the comment that is placed in Protests will be considered by the submitting the ICR to OMB for review EDOCKET. The entire printed comment, Commission in determining the and approval, EPA is soliciting including the copyrighted material, will appropriate action to be taken, but will comments on specific aspects of the be available in the public docket. not serve to make protestants parties to proposed information collection as Although identified as an item in the the proceeding. Any person wishing to described below. official docket, information claimed as become a party must file a notice of DATES: Comments must be submitted on CBI, or whose disclosure is otherwise intervention or motion to intervene, as or before January 24, 2005. restricted by statute, is not included in appropriate. Such notices, motions, or ADDRESSES: Submit your comments, the official public docket, and will not protests must be filed on or before the referencing docket ID number OW– be available for public viewing in comment date. Anyone filing a motion 2004–0020, to EPA online using EDOCKET. For further information to intervene or protest must serve a copy EDOCKET (our preferred method), by e- about the electronic docket, see EPA’s
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Federal Register notice describing the regarding policy benefits and costs. provide insight into motivations electronic docket at 67 FR 38102 (May Many public comments on the proposed underlying respondents’ stated WTP 31, 2002), or go to http://www.epa.gov./ section 316(b) regulation for Phase II values (Mitchell and Carson 1989; edocket. facilities and the Phase II Notice of Data Desvousges et al. 1984; Desvousges and Affected entities: Entities potentially Availability suggested that a properly Smith 1988; Johnston et al. 1995). Focus affected by this action are individuals/ designed and conducted stated groups are often described as ‘‘informal households. preference, or contingent valuation sessions in which a skilled moderator Title: Willingness to Pay Survey: (CV), survey would be the most leads a group of individuals through a Phase III Cooling Water Intake appropriate and acceptable method to discussion of specific topics to discover Structures. estimate the non-use benefits of the their attitudes and opinions’’ Abstract: The U.S. Environmental rule.1 Stated preference survey (Desvousges et al. 1984, p. 2–1, cited in Protection Agency (EPA) is in the methodology is the generally accepted Johnston et al. 1995 p. 56). Following process of developing new regulations means to estimate non-use values. standard practice, EPA will use focus to provide national performance Stated preference surveys use carefully groups to better understand the public’s standards for controlling impacts from designed questions to elicit perceptions and attitude concerning cooling water intake structures (CWIS) respondents’ willingness to pay (WTP) fishery resources, to frame and define for Phase III facilities under section for particular ecological improvements, [CV] survey questions and to pretest 316(b) of the Clean Water Act (CWA). based on their responses to either draft survey questions. Focus groups The facilities considered Phase III discrete choice or open-ended questions will also be used, following advice of facilities under Clean Water Act section regarding hypothetical resource Mitchell and Carson (1989), Desvousges 316(b) regulations include existing improvements or programs. Such et al. (1984), Johnston et al. (1995), to electrical generators with cooling water improvements may include increased test for and eliminate or reduce intake structures that are designed to protection of aquatic habitats or species potential biases which may be withdraw 50 million gallons of water with particular attributes. associated with stated preference per day or less, as well as existing To assess public policy significance or methodology, and to ensure that both manufacturing and industrial facilities importance of the ecological gains from researchers and respondents share with cooling water intake structures, the section 316(b) regulation for Phase interpretations of survey language and that withdraw water from rivers, III facilities, EPA proposes to develop a scenarios. streams, lakes, reservoirs, estuaries, stated preference study to measure non- oceans, or other waters of the United EPA proposes to conduct 12 focus use benefits of reduced fish losses at groups at different locations across the States for cooling purposes. The CWIS due to the section 316(b) regulation also establishes section United States. The number of planned regulation. The study would focus on a focus groups is based on an average 316(b) requirements for new offshore oil broad range of aquatic species, and gas extraction facilities. number of focus groups used in prior including forage fish and a variety of EPA has previously published final stated preference studies to design a fish species harvested by commercial section 316(b) regulations that address draft survey. Following generally new facilities (Phase I) on December 18, and recreational fisherman. The accepted practice (e.g., Desvousges et al. 2001 (66 FR 65256) and existing large estimated values of reducing 1984), EPA would recruit seven to nine power producers (Phase II) on July 9, impingement and entrainment losses of individuals for each focus group. These 2004 (69 FR 41576). See 40 CFR part a variety of fish species are also of individuals will be randomly selected 125, subparts I and J, respectively. academic interest since past studies by commercial marketing research firms As required under executive Order focused only on a few selected fish from panels of focus group participants 12866, EPA performs economic impact species such as salmon and striped bass. maintained by each firm. Participants and cost/benefit analyses of the section The findings from this study would be will be asked to attend a focus group 316(b) regulation for Phase III facilities. used in developing estimates of the session and participate in a discussion Comprehensive, appropriate estimates economic benefits of the section 316(b) of specific topics led by a moderator. of total resource value include both use regulation for Phase III facilities. These Participation in the focus group sessions and non-use values, such that the findings would also be pertinent to is voluntary. Participants will have to resulting total social benefit estimates economists and policy makers studying expend time, effort, and travel to may be compared to total social cost. changes in fish populations and aquatic participate in the focus group sessions. Developing comprehensive quantified habitat improvements. Following standard practice in benefit estimates for the section 316(b) The purpose of this information marketing research, participants will be regulation requires consideration of collection is to assist in the compensated for their time and effort. non-use values because nearly all (96 development of a stated preference The offered compensation would also percent) of impingement and survey that would allow estimation of help to avoid the self selection bias that entrainment losses at CWIS consist of non-use benefits from reduced otherwise may result. To maximize the either forage species, or non-landed impingement and entrainment research value of the focus group recreational and commercial species attributable to the section 316(b) sessions for stated preference survey that do not have direct uses or, as a regulation for Phase III facilities. To design, EPA will proceed iteratively. result, direct use values. Although assist in the development of a stated The version of the focus group script individuals do not use these resources preference survey, EPA will conduct a available now in the ICR package will directly they may nevertheless be series of focus groups. Such use of focus undergo several modifications based on affected by changes in resource status or groups to assist in the design of stated findings from initial focus groups. The quality, such that they would be willing preference surveys is well-established, goal of subsequent modifications is to to pay to maintain these resources. It is as is the capacity of focus groups to develop and refine survey questions to generally accepted that non-use values ensure greater clarity of survey 1 For detail see ‘‘Phase II—Large Existing Electric may be substantial in some cases, and Generating Plants Response to Public Comment,’’ questions and, as a result, validity of the that failure to recognize such values U.S. EPA, 2004. Available at: http://www.epa.gov/ survey responses. Modifications will may lead to improper inferences waterscience/316b/commentph2.htm. also be tested in terms of their ability to
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eliminate or reduce biases that may complete and review the collection of Docket Center (EPA/DC), EPA West, occur in surveys that have undergone information; and transmit or otherwise Room B102, 1301 Constitution Ave., insufficient testing and development disclose the information. NW., Washington, DC. The EPA Docket (Mitchell and Carson 1989). Based on Dated: November 2, 2004. Center Public Reading Room is open the planned iterative modification of from 8:30 a.m. to 4:30 p.m., Monday Geoffrey H. Grubbs, survey questions, the structure of through Friday, excluding legal subsequent draft survey instruments Director, Office of Science and Technology. holidays. The telephone number for the will depend on how people respond to [FR Doc. 04–25942 Filed 11–22–04; 8:45 am] Reading Room is (202) 566–1744, and surveys and questions in previous focus BILLING CODE 6560–50–P the telephone number for the Water groups. Docket is (202) 566–2426. An electronic An agency may not conduct or version of the public docket is available sponsor, and a person is not required to ENVIRONMENTAL PROTECTION through EPA Dockets (EDOCKET) at respond to, a collection of information AGENCY http://www.epa.gov/edocket. Use unless it displays a currently valid OMB [OW–2004–0031, FRL–7840–6] EDOCKET to obtain a copy of the draft control number. The OMB control collection of information, submit or numbers for EPA’s regulations in 40 Agency Information Collection view public comments, access the index CFR are listed in 40 CFR part 9. Activities: Proposed Collection; listing of the contents of the public The EPA would like to solicit Comment Request; Information docket, and to access those documents comments to: Collection Request for National in the public docket that are available (i) Evaluate whether the proposed Pollutant Discharge Elimination electronically. Once in the system, collection of information is necessary System (NPDES) and Sewage Sludge select ‘‘search,’’ then key in the docket for the proper performance of the Monitoring Reports; OMB Control ID number identified above. functions of the Agency, including Number 2040–0004, EPA ICR Number Any comments related to this ICR whether the information will have 0229.16 should be submitted to EPA within 60 practical utility; days of this notice. EPA’s policy is that (ii) Evaluate the accuracy of the AGENCY: Environmental Protection public comments, whether submitted Agency’s estimate of the burden of the Agency (EPA). electronically or in paper, will be made proposed collection of information, ACTION: Notice. available for public viewing in including the validity of the EDOCKET as EPA receives them and methodology and assumptions used; SUMMARY: In compliance with the without change, unless the comment (iii) Enhance the quality, utility, and Paperwork Reduction Act (44 U.S.C. contains copyrighted material, CBI, or clarity of the information to be 3501 et seq.), this document announces other information whose public collected; and that EPA is planning to submit a disclosure is restricted by statute. When (iv) Minimize the burden of the continuing Information Collection EPA identifies a comment containing collection of information on those who Request (ICR) to the Office of copyrighted material, EPA will provide are to respond, including through the Management and Budget (OMB). This is a reference to that material in the use of appropriate automated electronic, a request to renew an existing approved version of the comment that is placed in mechanical, or other technological collection. This ICR is scheduled to EDOCKET. The entire printed comment, collection techniques or other forms of expire on February 28, 2005. Before including the copyrighted material, will information technology, e.g., permitting submitting the ICR to OMB for review be available in the public docket. electronic submission of responses. and approval, EPA is soliciting Although identified as an item in the Burden Statement: EPA estimates that comments on specific aspects of the official docket, information claimed as the public reporting and recordkeeping proposed information collection as CBI, or whose disclosure is otherwise burden associated with the focus groups described below. restricted by statute, is not included in will average 160 minutes per DATES: Comments must be submitted on the official public docket, and will not respondent. The estimated total number or before January 24, 2005. be available for public viewing in of respondents is 96, producing an ADDRESSES: Submit your comments, EDOCKET. For further information approximated 256 hours of total burden referencing docket ID number OW– about the electronic docket, see EPA’s at a projected cost of $4,883. EPA 2004–0031, to EPA online using Federal Register notice describing the estimates that there will be no capital EDOCKET (our preferred method), by e- electronic docket at 67 FR 38102 (May and operating and maintenance cost mail to [email protected], or by mail 31, 2002), or go to http://www.epa.gov./ burden. edocket. Burden means the total time, effort, or to: EPA Docket Center, Environmental Protection Agency, Water Docket, Mail Affected Entities: Entities potentially financial resources expended by persons affected by this action are those covered to generate, maintain, retain, or disclose Code 4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. by an NPDES permit and have or provide information to or for a monitoring and reporting requirements Federal agency. This includes the time FOR FURTHER INFORMATION CONTACT: as a condition of the permit. States needed to review instructions; develop, Direct questions on this ICR to: Jack responsible for reviewing and following acquire, install, and utilize technology Faulk, Industrial Branch, Water Permits up to these reports are also affected. and systems for the purposes of Division, Office of Wastewater Title: Information Collection Request collecting, validating, and verifying Management; tel.: (202) 564–0768, fax: for National Pollutant Discharge information, processing and (202) 564–6431; or e-mail: Elimination System (NPDES) and maintaining information, and disclosing [email protected]. Or see Section I.C of Sewage Sludge Monitoring Reports; and providing information; adjust the the SUPPLEMENTARY INFORMATION. OMB Control Number 2040–0004; EPA existing ways to comply with any SUPPLEMENTARY INFORMATION: EPA has ICR Number 0229.16. previously applicable instructions and established a public docket for this ICR Abstract: This ICR estimates the requirements; train personnel to be able under Docket ID number OW–2004– current monitoring, recordkeeping and to respond to a collection of 0031, which is available for public costs associated with submitting and information; search data sources; viewing at the Water Docket in the EPA reviewing Discharge Monitoring Reports
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(DMRs), sewage sludge monitoring NPDES permit requirements to collect SUMMARY: Requesting the nomination of reports, and other monitoring reports and report discharge monitoring data to experts for the Science Advisory Board under EPA’s NPDES program. The permit authorities. These permittees are (SAB) CHEERS Review Panel. NPDES program regulations, codified at expected to provide 598,016 responses DATES: December 17, 2004—Deadline 40 CFR parts 122 through 125, require to State and Federal NPDES permitting for submitting nomination of experts. permitted municipal and non-municipal authorities. Nationally, permittees will ADDRESSES: U.S. Postal Address—U.S. point source discharges to collect, spend 3,958,146 hours per year to EPA Science Advisory Board (1400F), analyze, and submit data on their collect samples of their wastewater or EPA, 1200 Pennsylvania Avenue, NW., wastewater discharges. Under these sludge, 9,041,965 hours per year to Washington, DC 20460–0001. For FedEx regulations, the permittee is required to analyze samples collected, 1,202,620 or courier deliveries: 1025 F Street, collect and analyze wastewater samples hours per year to record and report the NW., Room 3603, Mail Code: 1400F, or have the analysis performed at an sampling and analysis information on Washington, DC 20004. outside laboratory and report the results DMRs, and 19,226 hours per year for FOR FURTHER INFORMATION CONTACT: Dr. to the permitting authority (EPA or an sludge facilities to maintain records (the Suhair Shallal, Designated Federal authorized NPDES State) using a DMR, recordkeeping burden for the remaining Officer, by telephone/voice mail at (202) a preprinted form used for reporting NPDES permittees is reported in the 343–9977, by fax at (202) 233–0643; or pollutant discharge information. Sample Compliance Assessment ICR, OMB via e-mail at [email protected]. monitoring, analysis, and reporting Control No. 2040–0110) for a total of General information concerning the EPA frequencies vary by permit, but must be 14,221,957 burden hours annually. Each SAB can be found on the EPA SAB Web performed at least annually for all permittee will spend an average of 138 site at: http://www.epa.gov/sab. permitted discharges except for certain hours per year (23.8 hours per response) SUPPLEMENTARY INFORMATION: storm discharges. Upon renewal of this to collect, analyze and report discharge Background: The Science Advisory ICR, the permitting authority will monitoring data. Burden for State Board (SAB) was established by 42 continue to require NPDES and sewage permitting authorities to review and U.S.C. 4365 to provide independent sludge facilities to report pollutant follow-up on non-compliance identified scientific and technical advice, discharge monitoring data and other in the monitoring reports is estimated to consultation, and recommendations to monitoring information. The permitting be 150,932 hours. the EPA Administrator on the technical authority will use the data from these Burden means the total time, effort, or basis for Agency positions and forms to assess permittee compliance, financial resources expended by persons regulations. Pursuant to a request by modify/add new permit requirements, to generate, maintain, retain, or disclose EPA’s Office of Research and and revise effluent guidelines. The or provide information to or for a Development, the SAB will conduct a monitoring data required of NPDES and Federal agency. This includes the time review of the study design of the sewage sludge facilities represents the needed to review instructions; develop, Children’s Environmental Exposure minimum information necessary to acquire, install, and utilize technology Research Study (CHEERS) entitled achieve the Agency’s goals and satisfy and systems for the purposes of ‘‘Longitudinal Study of Young regulatory standards. collecting, validating, and verifying Children’s Exposures in their Homes to An Agency may not conduct or information, processing and sponsor, and a person is not required to Selected Pesticides, Phthalates, maintaining information, and disclosing Brominated Flame Retardants, and respond to, a collection of information and providing information; adjust the unless it displays a currently valid OMB Perfluorinated Chemicals.’’ The study is existing ways to comply with any designed to fill critical data gaps in control number. The OMB control previously applicable instructions and numbers for EPA’s regulations are understanding children’s exposures to requirements; train personnel to be able pesticides and chemicals that can be displayed in 40 CFR part 9. to respond to a collection of The EPA would like to solicit found in typical residential information; search data sources; environments. It will provide EPA with comments to: complete and review the collection of (1) Evaluate whether the proposed information to improve both risk information; and transmit or otherwise collection of information is necessary assessment and risk management disclose the information. for the proper performance of the practices that will ultimately be more functions of the Agency, including Dated: November 18, 2004. protective of children’s health. In a whether the information will have James A. Hanlon, separate notice, EPA announced the practical utility; Director, Office of Wastewater Management. availability of and the opportunity to (2) Evaluate the accuracy of the [FR Doc. 04–25943 Filed 11–22–04; 8:45 am] comment on the above-mentioned document (FRN 68(192):57442–57444; Agency’s estimate of the burden of the BILLING CODE 6560–50–P proposed collection of information; 69(42):10034–10035). The Agency has (3) Enhance the quality, utility, and asked the SAB to comment on: (a) The clarity of the information to be ENVIRONMENTAL PROTECTION scientific soundness of the study design collected; and AGENCY (b) the ethical standards of the study (4) Minimize the burden of the design (c) ways of improving the study collection of information on those who [FRL–7840–5] design. are to respond, including through the The SAB will be augmented with EPA Science Advisory Board Staff use of automated collection techniques members of EPA’s Federal Insecticide, Office, Request for Nominations of or other forms of information Fungicide, and Rodenticide Act Experts for the Children’s technology, e.g., permitting electronic Scientific Advisory Panel (FIFRA SAP) Environmental Exposure Research submission of responses. and EPA’s Children’s Health Protection Burden Statement: EPA estimates that Study (CHEERS) Review Panel Advisory Council (CHPAC) with 79,055 NPDES permittees and 24,346 AGENCY: Environmental Protection additional outside experts to form the sludge permittees will perform sample Agency (EPA). SAB CHEERS Review Panel. By collection, pollutant analysis, reporting including members of three EPA ACTION: Notice. and recordkeeping as part of their advisory bodies, the SAB, FIFRA SAP
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and CHPAC, in the review of this either this process or any other aspects membership on an EPA Federal document, the requesting office hopes to of this notice should be directed to the advisory committee) and private benefit from their unique expertise in DFO. The process for forming a SAB interests and activities, or the children’s exposure and health risk panel is described in the Overview of appearance of a lack of impartiality, as assessment and to receive a peer review the Panel Formation Process at the defined by Federal regulation. The form report which reflects the views of these Environmental Protection Agency, may be viewed and downloaded from bodies on the charge questions in an Science Advisory Board (EPA–SAB–EC– the following URL address: http:// expedited manner. Therefore, we are COM–02–010), on the SAB Web site at: www.epa.gov/sab/pdf/epaform3110- only soliciting additional experts in the http://www.epa.gov/sab/pdf/ 48.pdf. areas which are not represented in the ec02010.pdf. Dated: November 18, 2004. current membership of SAB, FIFRA SAP From the nominees identified by Vanessa T. Vu, or CHPAC. Additional experts are respondents to this Federal Register needed in the following areas: ethical notice (termed the ‘‘Widecast’’), the SAB Director, EPA Science Advisory Board Staff standards of research study protocols Staff Office will develop a smaller Office. and bioethics; development of risk subset (known as the ‘‘Short List’’) for [FR Doc. 04–25945 Filed 11–22–04; 8:45 am] communication tools; and more detailed consideration. The Short BILLING CODE 6560–50–P interdisciplinary experts with a focus on List will be posted on the SAB Web Site children’s exposure monitoring and at: http://www.epa.gov/sab, and will assessment. include, for each candidate, the This panel will comply with the nominee’s name and biosketch. Public FEDERAL COMMUNICATIONS provisions of the Federal Advisory comments on the Short List will be COMMISSION Committee Act (FACA) and all accepted for 21 calendar days. During Notice of Public Information appropriate SAB procedural policies. this comment period, the public will be Collection(s) Being Reviewed by the Upon completion, the panel’s report requested to provide information, will be submitted to the SAB for final analysis or other documentation on Federal Communications Commission approval for transmittal to the EPA nominees that the SAB Staff Office for Extension Under Delegated Administrator. should consider in evaluating Authority Availability of the Review Materials: candidates for the Panel. November 17, 2004. The updated EPA study design will be For the SAB, a balanced panel (i.e., SUMMARY: The Federal Communications made available by the Office of Research committee, subcommittee, or panel) is Commission, as part of its continuing and Development. For questions and characterized by inclusion of candidates effort to reduce paperwork burden who possess the necessary domains of information concerning the review invites the general public and other materials, please contact Nicolle Tulve, knowledge, the relevant scientific Federal agencies to take this U.S. EPA, 109 T.W. Alexander Drive, perspectives (which, among other opportunity to comment on the Research Triangle Park, NC 27709 factors, can be influenced by work following information collection(s), as (phone: 919–541–1077), or e-mail: history and affiliation), and the required by the Paperwork Reduction [email protected]. collective breadth of experience to Act (PRA) of 1995, Public Law 104–13. Request for Nominations: The SAB adequately address the charge. Public An agency may not conduct or sponsor Staff Office is requesting nominations of responses to the Short List candidates a collection of information unless it recognized experts with one or more of will be considered in the selection of displays a currently valid control the following areas to supplement its the panel, along with information available expertise: (a) Bioethics; (b) provided by candidates and information number. No person shall be subject to Interdisciplinary experts with a focus on gathered by SAB Staff independently on any penalty for failing to comply with children’s exposure monitoring and the background of each candidate (e.g., a collection of information subject to the assessment; (c) Risk Communication. financial disclosure information and Paperwork Reduction Act (PRA) that Process and Deadline for Submitting computer searches to evaluate a does not display a valid control number. Nominations: Any interested person or nominee’s prior involvement with the Comments are requested concerning (a) organization may nominate individuals topic under review). Specific criteria to whether the proposed collection of qualified in the areas of expertise be used in evaluation of an individual information is necessary for the proper described above to serve on the SAB Panel member include: (a) Scientific performance of the functions of the CHEERS Review Panel. Nominations and/or technical expertise, knowledge, Commission, including whether the should be submitted in electronic and experience (primary factors); (b) information shall have practical utility; format through the Form for Nominating absence of financial conflicts of interest; (b) the accuracy of the Commission’s Individuals to Panels of the EPA (c) scientific credibility and burden estimate; (c) ways to enhance Science Advisory Board which can be impartiality; (d) availability and the quality, utility and clarity of the accessed through a link on the blue willingness to serve; and (e) ability to information collected; and (d) ways to navigational bar on the SAB Web site at: work constructively and effectively in minimize the burden of the collection of http://www.epa.gov/sab. To be committees. information on the respondents, considered, all nominations must Short List candidates will be required including the use of automated include the information requested on to fill-out the ‘‘Confidential Financial collection techniques or other forms of that form. Disclosure Form for Special information technology. Anyone who is unable to submit Government Employees Serving on DATES: Written Paperwork Reduction nominations using this form and any Federal Advisory Committees at the (PRA) comments should be submitted questions concerning any aspects of the U.S. Environmental Protection Agency’’ on or before January 24, 2005. If you nomination process may contact the (EPA Form 3110–48). This confidential anticipate that you will be submitting DFO, as indicated above in this notice. form allows Government officials to comments, but find it difficult to do so Nominations should be submitted in determine whether there is a statutory within the period of time allowed by time to arrive no later than December conflict between that person’s public this notice, you should advise the 17, 2004. Any questions concerning responsibilities (which includes contact listed below as soon as possible.
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ADDRESSES: Direct all Paperwork Commission approval provided that displays a currently valid control Reduction Act (PRA) comments to equipment performance measurements number. No person shall be subject to Cathy Williams, Federal are made to ensure compliance with any penalty for failing to comply with Communications Commission, Room 1– FCC rules. This informal statement or a collection of information subject to the C823, 445 12th Street, SW., Washington, diagram is to be retained at the Paperwork Reduction Act (PRA) that DC 20554 or via the Internet to transmitter site as long as the equipment does not display a valid control number. [email protected]. is in use. The data is used by broadcast Comments are requested concerning (a) FOR FURTHER INFORMATION CONTACT: For licensees to provide prospective users of whether the proposed collection of additional information or copies of the the modified equipment with necessary information is necessary for the proper information collection(s), contact Cathy information. performance of the functions of the Williams at 202–418–2918 or via the OMB Control Number: 3060–0837. Commission, including whether the Internet at [email protected]. Title: Application for DTV Broadcast information shall have practical utility; (b) the accuracy of the Commission’s SUPPLEMENTARY INFORMATION: Station License. burden estimate; (c) ways to enhance OMB Control Number: 3060–0180. Form Number: FCC Form 302–DTV. the quality, utility, and clarity of the Title: Section 73.1610, Equipment Type of Review: Extension of a information collected; and (d) ways to Tests. currently approved collection. minimize the burden of the collection of Form Number: Not applicable. Respondents: Business or other for- Type of Review: Extension of a profit entities; Not-for-profit information on the respondents, currently approved collection. institutions. including the use of automated Respondents: Business or other for- Number of Respondents: 600. collection techniques or other forms of profit entities; Not-for-profit Estimated Time Per Response: 1.5–2 information technology. institutions. hours. DATES: Written comments should be Number of Respondents: 500. Frequency of Response: On occasion submitted on or before December 23, Estimated Time Per Response: 0.5 reporting requirement. 2004. If you anticipate that you will be hours. Total Annual Burden: 950 hours. submitting comments, but find it Frequency of Response: On occasion Total Annual Cost: $245,000. difficult to do so within the period of reporting requirement. Privacy Act Impact: No impact(s). time allowed by this notice, you should Total Annual Burden: 250 hours. Needs and Uses: Licensees and advise the contact listed below as soon Total Annual Cost: None. permittees of DTV broadcast stations are as possible. Privacy Act Impact Assessment: No required to file FCC Form 302–DTV to ADDRESSES: Direct all comments to Les impact(s). obtain a new or modified station Smith, Federal Communications Needs and Uses: 47 CFR Section license, and/or to notify the Commission, Room 1–A804, 445 12th 73.1610 requires the permittee of a new Commission of certain changes in the Street, SW., Washington, DC 20554 or broadcast station to notify the FCC of its licensed facilities of these stations. The via the Internet to [email protected] plans to conduct equipment tests for the data is used by FCC staff to confirm that or Kristy L. LaLonde, Office of purpose of making adjustments and the station has been built to terms Management and Budget (OMB), Room measurements as may be necessary to specified in the outstanding 10236 NEOB, Washington, DC 20503, assure compliance with the terms of the construction permit, and to update FCC (202) 395–3087 or via the Internet at construction permit and applicable station files. Data is then extracted from [email protected]. engineering standards. The data is used FCC Form 302–DTV for inclusion in the FOR FURTHER INFORMATION CONTACT: For subsequent license to operate the by FCC staff to assure compliance with additional information or copy of the station. the terms of the construction permit and information collection(s) contact Les applicable engineering standards. Federal Communications Commission. Smith at (202) 418–0217 or via the OMB Control Number: 3060–0374. Marlene H. Dortch, Internet at [email protected]. Title: Section 73.1690, Modification of Secretary. SUPPLEMENTARY INFORMATION: Transmission System. [FR Doc. 04–25947 Filed 11–22–04; 8:45 am] OMB Control Number: 3060–0609. Form Number: Not applicable. BILLING CODE 6712–01–P Title: Section 76.934(e), Petitions for Type of Review: Extension of a Extension of Time. currently approved collection. Form Number: N/A. Respondents: Business or other for- FEDERAL COMMUNICATIONS Type of Review: Extension of a profit entities; Not-for-profit COMMISSION currently approved collection. institutions. Respondents: Businesses or other for- Number of Respondents: 600. Notice of Public Information profit entities; and State, local, or tribal Estimated Time Per Response: 0.5–3 Collection(s) Being Submitted to OMB governments. hours. for Review and Approval Number of Respondents: 20. Frequency of Response: Estimated Time Per Response: 4 Recordkeeping requirement; On November 12, 2004. hours. occasion reporting requirement. SUMMARY: The Federal Communications Frequency of Response: On occasion Total Annual Burden: 1,050 hours. Commissions, as part of its continuing reporting requirement; Third party Total Annual Cost: None. effort to reduce paperwork burden disclosure. Privacy Act Impact: No impact(s). invites the general public and other Total Annual Burden: 80 hours. Needs and Uses: 47 CFR Section Federal agencies to take this Total Annual Costs: None. 73.1690(e) requires AM, FM and TV opportunity to comment on the Privacy Impact Assessment: No station licensees to prepare an informal following information collection, as impact(s). statement or diagram describing any required by the Paperwork Reduction Needs and Uses: Small cable systems electrical and mechanical modification Act of 1995, Public Law 104–13. An may obtain an extension of time to to authorized transmitting equipment agency may not conduct or sponsor a establish compliance regulations that can be made without prior collection of information unless it provided that they can demonstrate that
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timely compliance would result in Interested persons may express their (12 U.S.C. 1843). Unless otherwise economic hardship. Requests for an views in writing to the Reserve Bank noted, nonbanking activities will be extension of time are addressed to local indicated for that notice or to the offices conducted throughout the United States. franchising authorities concerning rates of the Board of Governors. Comments Additional information on all bank for basic service tiers. must be received not later than holding companies may be obtained OMB Control Number: 3060–0484. December 7, 2004. from the National Information Center Title: Part 4 of the Commission’s A. Federal Reserve Bank of Atlanta website at www.ffiec.gov/nic/. Rules Concerning Disruptions to (Sue Costello, Vice President) 1000 Communications. Peachtree Street, N.E., Atlanta, Georgia Unless otherwise noted, comments regarding each of these applications Form Number: NA. 30303: must be received at the Reserve Bank Type of Review: Revision of a 1. The Cecil and Olivia Batchelor currently approved collection. Family Limited Partnership, J. Gregory indicated or the offices of the Board of Respondents: Business or other for- Batchelor general partner; and The Governors not later than December 17, profit entities; Not-for-profit Olivia and Cecil Batchelor Family 2004. institutions; and/or State, local or tribal Limited Partnership, Rebecca Batchelor A. Federal Reserve Bank of Atlanta governments. Reeves general partner; along with Cecil (Sue Costello, Vice President) 1000 Batchelor, Oliva Batchelor, J. Gregory Number of Respondents: 52. Peachtree Street, N.E., Atlanta, Georgia Batchelor, Rebecca Batchelor Reeves, Estimated Time Per Response: 5 hours 30303: Ray Bradley Reeves, Donna Batchelor, (multiple responses annually). 1. Saladrigas Holdings, LP, Miami, Frequency of Response: On occasion and Dependable True Value, Inc., all of Florida; to become a bank holding reporting requirements. Russellville, Alabama; to collectively company by acquiring 100 percent of Total Annual Burden: 1,040 hours. acquire voting shares of CBS Banc-Corp, Total Annual Costs: None. Russellville, Alabama, and thereby the voting shares of Premier American Privacy Impact Assessement: No indirectly acquire voting shares of Bank, Miami, Florida. impact(s). Citizens Bank & Savings Company, B. Federal Reserve Bank of Chicago Needs and Uses: In recognition of the Russellville, Alabama, and Bank of (Patrick M. Wilder, Assistant Vice critical need for rapid, full, and accurate Bolivar, Bolivar, Tennessee. President) 230 South LaSalle Street, information on service disruptions that Board of Governors of the Federal Reserve Chicago, Illinois 60690-1414: System, November 17, 2004. could affect homeland security, public 1. Royal Financial, Inc., Chicago, health and safety, as well as the Robert deV. Frierson, Illinois; to become a bank holding economic well-being of our Nation, and Deputy Secretary of the Board. company by acquiring 100 percent of in view of the increasing importance of [FR Doc. 04–25896 Filed 11–22–04; 8:45 am] the voting shares of Royal Savings Bank, non-wireline communications in the BILLING CODE 6210–01–S Nation’s communications networks and Chicago, Illinois. critical infrastructure, we propose to C. Federal Reserve Bank of Kansas extend our disruption reporting FEDERAL RESERVE SYSTEM City (Donna J. Ward, Assistant Vice requirements to communications President) 925 Grand Avenue, Kansas providers who are not wireline carriers. Formations of, Acquisitions by, and City, Missouri 64198–0001: Mergers of Bank Holding Companies We also propose to move the outage- 1. First Bankshares of Las Animas, reporting requirements from part 63 of The companies listed in this notice Inc., Las Animas, Colorado; to acquire our rules to part 4. have applied to the Board for approval, 9.0 percent of the voting shares of Federal Communications Commission. pursuant to the Bank Holding Company Southern Colorado National Bancorp, Marlene H. Dortch, Act of 1956 (12 U.S.C. 1841 et seq.) Inc., and thereby indirectly acquire Secretary. (BHC Act), Regulation Y (12 CFR Part voting shares of Southern Colorado [FR Doc. 04–25948 Filed 11–22–04; 8:45 am] 225), and all other applicable statutes National Bank, both of Pueblo, and regulations to become a bank BILLING CODE 6712–01–P Colorado. holding company and/or to acquire the assets or the ownership of, control of, or D. Federal Reserve Bank of Dallas the power to vote shares of a bank or (W. Arthur Tribble, Vice President) 2200 FEDERAL RESERVE SYSTEM bank holding company and all of the North Pearl Street, Dallas, Texas 75201- 2272: Change in Bank Control Notices; banks and nonbanking companies Acquisition of Shares of Bank or Bank owned by the bank holding company, 1. MNB Ventures, Inc., Mercedes, Holding Companies including the companies listed below. Texas; to become a bank holding The applications listed below, as well company by acquiring 100 percent of The notificants listed below have as other related filings required by the the voting shares of Mercedes Bancorp, applied under the Change in Bank Board, are available for immediate Inc., Mercedes, Texas, and thereby Control Act (12 U.S.C. 1817(j)) and inspection at the Federal Reserve Bank indirectly acquire Mercedes Delaware § 225.41 of the Board’s Regulation Y (12 indicated. The application also will be Financial Corporation, Dover, Delaware, CFR 225.41) to acquire a bank or bank available for inspection at the offices of and Mercedes National Bank, Mercedes, holding company. The factors that are the Board of Governors. Interested Texas. considered in acting on the notices are persons may express their views in set forth in paragraph 7 of the Act (12 writing on the standards enumerated in Board of Governors of the Federal Reserve U.S.C. 1817(j)(7)). the BHC Act (12 U.S.C. 1842(c)). If the System, November 17, 2004. The notices are available for proposal also involves the acquisition of Robert deV. Frierson, immediate inspection at the Federal a nonbanking company, the review also Deputy Secretary of the Board. Reserve Bank indicated. The notices includes whether the acquisition of the [FR Doc. 04–25895 Filed 11–22–04; 8:45 am] also will be available for inspection at nonbanking company complies with the the office of the Board of Governors. standards in section 4 of the BHC Act BILLING CODE 6210–01–S
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FEDERAL RESERVE SYSTEM Additional information on all bank FEDERAL TRADE COMMISSION holding companies may be obtained Formations of, Acquisitions by, and from the National Information Center Granting of Request for Early Mergers of Bank Holding Companies website at www.ffiec.gov/nic/. Termination of the Waiting Period Unless otherwise noted, comments Under the Premerger Notification The companies listed in this notice regarding each of these applications Rules have applied to the Board for approval, must be received at the Reserve Bank pursuant to the Bank Holding Company indicated or the offices of the Board of Section 7A of the Clayton Act, 15 Act of 1956 (12 U.S.C. 1841 et seq.) Governors not later than December 17, U.S.C. 18a, as added by Title II of the (BHC Act), Regulation Y (12 CFR Part 2004. Hart-Scott-Rodino Antitrust 225), and all other applicable statutes A. Federal Reserve Bank of New Improvements Act of 1976, requires and regulations to become a bank York (Jay Bernstein, Bank Supervision persons contemplating certain mergers holding company and/or to acquire the Officer) 33 Liberty Street, New York, or acquisitions to give the Federal Trade assets or the ownership of, control of, or New York 10045–0001: the power to vote shares of a bank or 1. The Toronto–Dominion Bank, Commission and the Assistant Attorney bank holding company and all of the Toronot, Ontario; to acquire 51 percent General advance notice and to wait banks and nonbanking companies of the voting shares of Banknorth Group, designated periods before owned by the bank holding company, Inc., and thereby indirectly acquire consummation of such plans. Section including the companies listed below. voting shares of Banknorth, National 7A(b)(2) of the Act permits the agencies, The applications listed below, as well Association, both of Portland, Maine. in individual cases, to terminate this as other related filings required by the Comments on this application must be waiting period prior to its expiration Board, are available for immediate received by December 8, 2004. and requires that notice of this action be inspection at the Federal Reserve Bank B. Federal Reserve Bank of Chicago published in the Federal Register. indicated. The application also will be (Patrick Wilder, Assistant Vice The following transactions were President) 230 South LaSalle Street, available for inspection at the offices of granted early termination of the waiting the Board of Governors. Interested Chicago, Illinois 60690–1414: 1. Royal Financial, Inc., Chicago, period provided by law and the persons may express their views in Illinois; to become a bank holding premerger notification rules. The grants writing on the standards enumerated in company by acquiring 100 percent of were made by the Federal Trade the BHC Act (12 U.S.C. 1842(c)). If the the voting shares of Royal Savings Bank, Commission and the Assistant Attorney proposal also involves the acquisition of Chicago, Illinois. General for the Antitrust Division of the a nonbanking company, the review also Department of Justice. Neither agency includes whether the acquisition of the Board of Governors of the Federal Reserve System, November 18, 2004. intends to take any action with respect nonbanking company complies with the to these proposed acquisitions during standards in section 4 of the BHC Act Robert deV. Frierson, the applicable waiting period. (12 U.S.C. 1843). Unless otherwise Deputy Secretary of the Board. noted, nonbanking activities will be [FR Doc. 04–25954 Filed 11–22–04; 8:45 am] conducted throughout the United States. BILLING CODE 6210–01–S
Trans # Acquiring Acquired Entities
Transactions Granted Early Termination—10/12/2004
20041428 ...... GS Capital Partners 2000, L.P ...... CSA Acquisition Corp ...... CSA Acquisition Corp. 20041429 ...... Cypress Merchant Banking Partners CSA Acquisition Corp ...... CSA Acquisition Corp. II, L.P. 20041430 ...... Cypress Merchant Banking Partners Cooper Tire & Rubber Company ...... Cooper-Standard Automotive, Inc. II, L.P. and other subsidiaries. 20041437 ...... James N. Stanard ...... RenaissanceRe Holdings Ltd ...... RenaissanceRe Holdings Ltd. 20041439 ...... The PNC Financial Services Group, MetLife, Inc ...... SSRM Holdings, Inc. Inc. 20041472 ...... JLL Partners Fund IV, L.P ...... The Marco Group, Inc ...... The Marco Group, Inc. 20050008 ...... Dave & Buster’s, Inc ...... J.W. Childs Equity Partners, L.P ...... Jillian’s Entertainment Holdings, Inc.
Transactions Granted Early Termination—10/14/2004
20041411 ...... BAE Systems plc ...... DigitalNet Holdings, Inc ...... DigitalNet Holdings, Inc. 20041465 ...... CB Riley Investor LLC ...... MFA Limited Partnership ...... LNR Property Corporation.
Transactions Granted Early Termination—10/15/2004
20041433 ...... JLL Partners Fund IV, L.P ...... Long Point Capital Fund, L.P ...... CHI Holdings, Inc. 20041435 ...... U.S.I. Holdings Corporation ...... Summit Global Partners, Inc ...... Summit Global Partners, Inc. 20041444 ...... TRM Corporation ...... eFunds Corporation ...... eFunds Corporation. 20050007 ...... Broadlane, Inc ...... National Oncology, Alliance, Inc ...... National Oncology, Alliance, Inc.
Transactions Granted Early Termination—10/18/2004
20050015 ...... Westmoreland Coal Company ...... E.ON AG ...... Westmoreland—LG&E Partners. 20050023 ...... Triton PCS Holdings, Inc ...... SBC Communications, Inc ...... AT&T Wireless Services, Inc., Cingular Wireless LLC.
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Trans # Acquiring Acquired Entities
20050024 ...... SBC Communications, Inc ...... Triton PCS Holdings, Inc ...... Triton PCS Equipment Company, L.L.C., Triton PCS, Inc., Triton PCS License Company, L.L.C., Triton PCS Operating Company, L.L.C. 20050025 ...... Deseret Management Corporation .... Emmis Communications Corporation Emmis Radio License, LLC, Emmis Radio, LLC. 20050026 ...... Emmis Communications Corporation Deseret Management Corporation .... Bonneville Holding Company, Bon- neville International Corporation. 20050027 ...... Abbott Laboratories ...... North Castle Partners II, L.P ...... Natural Supplement Association, Inc. 20050032 ...... Alliance Data Systems Corporation .. Carlyle Partners III, L.P ...... The Relizon e-CRM Company. 20050035 ...... Fortstmann Little & Co. Equity Part- Imagine Parent Corp ...... Imagine Parent Corp. nership VII, L.P. 20050036 ...... Sol Price ...... PriceSmart, Inc ...... PriceSmart, Inc. 20050037 ...... Alcatel ...... Spatial Communications Tech- Spatial Communications Tech- nologies, Inc. nologies, Inc.
Transactions Granted Early Termination—10/19/2004
20041457 ...... Fortress Investment Fund II, LLC ..... GreenPoint Financial Corp ...... c/o GreenPoint Financial Corp., GreenPoint Agency, Inc., GreenPoint Credit, LLC, GreenPoint Credit of Mississippi, LLC. 20050033 ...... Forstmann Little & Co. Equity Part- Family Marital Trust c/o the Mark H. IMG Worldwide, Inc. ners VII, L.P. McCormick Trust. 20050034 ...... Forstmann Little & Co. Subordinated Imagine Parent Corp ...... Imagine Parent Corp. Debt & Equity Management. 20050044 ...... Scandent Holdings Mauritius Limited Aon Corporation ...... Cambridge Integrated Services Group, Inc.
Transactions Granted Early Termination—10/20/2004
20050045 ...... Williams Lea Group Limited ...... Browne & Co., Inc ...... Browne Business Solutions, Inc 20050054 ...... Stewart A. Resnick & Lynda Rae David H. Gilmour ...... Fiji Water Holdings, LLC. Resnick. 20050060 ...... Iron Mountain Incorporated ...... Connected Corporation ...... Connected Corporation.
Transactions Granted Early Termination—10/21/2004
20050021 ...... Herbst Gaming, Inc ...... Estate of William M. Grace ...... Mark Twain Casino, L.L.C., St. Jo- seph Riverboat Partners. 20050022 ...... Herbst Gaming, Inc ...... ALS Enterprise ...... Mark Twain Casino, L.L.C. 20050028 ...... United Technologies Corporation ...... Kidde plc ...... Kidde plc. 20050065 ...... Doughty Hanson & Co IV Limited ..... OCM Principal Opportunities Fund II, Tumi Holdings, Inc. L.P.
Transactions Granted Early Termination—10/22/2004
20050055 ...... Patni Computer Systems Limited ...... Cymbal Corporation ...... Cymbal Corporation. 20050056 ...... Apollo Investment Fund IV, L.P ...... Sirius Satellite Radio Inc ...... Sirius Satellite Radio Inc. 20050062 ...... Credit-Based Asset Servicing and National City Corporation ...... The Provident Bank. Securitization LLC. 20050063 ...... Roper Industries, Inc ...... TransCore Holdings, Inc ...... TransCore Holdings, Inc. 20050070 ...... TCV V, L.P ...... eHarmony.com, Inc ...... eHarmony.com, Inc. 20050078 ...... Carlyle Partners III, Hawaii, L.P ...... Verizon Communications, Inc ...... Verizon HoldCo, LLC. 20050083 ...... The Edward W. Scripps Trust ...... Glenn R. Jones ...... Great American Country, Inc.
Transactions Granted Early Termination—10/25/2004
20050072 ...... SBC Communications, Inc ...... Lawrence D. Canarelli ...... www.yellowpages.com. Inc.
Transactions Granted Early Termination—10/27/2004
20041445 ...... Delhaize Group ...... Victory Distributors, Inc ...... Victory Distributors, Inc. 20041454 ...... Hughes Supply, Inc ...... Southwest Power, Inc ...... Southwest Power, Inc. 20041455 ...... Hughes Supply, Inc ...... Western States Electric, Inc ...... Western States Electric, Inc. 20050012 ...... Harbert Distressed Investment Off- J.P. Morgan Chase & Co ...... Polaroid Holding Company. shore Fund, Ltd. 20050013 ...... Harbert Distressed Investment Off- Leap Wireless International, Inc ...... Leap Wireless International, Inc. shore Fund, Ltd. 20050019 ...... Integrated Alarm Services Group, Inc Tyco International, Ltd ...... National Alarm Computer Center, Inc. 20050038 ...... Harbert Distressed Investment Off- NorthWestern Corporation ...... NorthWestern Corporation. shore Fund, Ltd.
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Trans # Acquiring Acquired Entities
20050046 ...... Ares Corporate Opportunities Fund, KTIN Holdings, LLC ...... KTIN Holdings, LLC. L.P. 20050047 ...... Segal Projects, LLC ...... NRG Energy, Inc ...... LSP Equipment, LLC., LSP-Kendall Energy, LLC. 20050048 ...... ArcLight Energy Partners Fund II, Allegheny Energy, Inc ...... Monongohela Power Company, L.P. Mountaineer Gas Company. 20050067 ...... Ares Corporate Opportunities Fund, Samsonite Corporation ...... Samsonite Corporation. L.P. 20050068 ...... Harris Corporation ...... Encoda Systems Holdings, Inc ...... Encoda Systems Holdings, Inc. 20050074 ...... Macquarie Infrastructure Company Macquarie Global Infrastructure Fund Macquarie Airports North America Trust. A. Inc., Macquarie Americas Parking Corporation. 20050075 ...... TPG Partner IV, L.P ...... Enron Corp. (Debtor in Possession) Portland General Electric Company. 20050076 ...... Macquarie Infrastructure Company Macquarie Global Infrastructure Fund Macquarie Airports North America Trust. B. Inc., Macquarie Americas Parking Corporation. 20050080 ...... Vulcan Materials Company ...... Vulcan Materials Company ...... Vulcan Chloralkali, LLC. 20050084 ...... AAFK Acquisition, Inc ...... K&F Industries, Inc ...... K&F Industries, Inc.
Transactions Granted Early Termination—10/29/2004
20041442 ...... Olympus Growth Fund IV, L.P ...... Three Cities Fund III, L.P ...... Meridian Rail Acquisition Corp. 20041459 ...... BAE Systems plc ...... Alphatech, Inc ...... Alphatech, Inc. 20050003 ...... Fidelity National Financial, Inc ...... InterCept, Inc ...... InterCept, Inc. 20050040 ...... GlaxoSmithKline plc ...... Human Genome Sciences, Inc ...... Human Genome Sciences, Inc. 20050064 ...... Wells Fargo & Company ...... Richard S. Strong ...... Strong Capital Management, Inc., Strong Financial Corporation, Strong Investments, Inc., Strong Investor Services, Inc., Strong Re- tirement Plan Services, Inc. 20050089 ...... Windsor Food Company, Ltd ...... Fremont Partners III, L.P ...... SBI Holdings, Inc. 20050091 ...... AB Holdings Inc ...... Kenneth R. Thomson ...... Thomson Media Inc. 20050093 ...... Pfizer, Inc ...... GOJO Industries, Inc ...... GOJO Indusries, Inc.
FOR FURTHER INFORMATION CONTACT: agreement—that would settle these NW., Washington, DC 20580, (202) 326– Sandra M. Peay, Contact Representative, allegations. 3321. or Renee Hallman, Case Management DATES: SUPPLEMENTARY INFORMATION: Pursuant Assistant, Federal Trade Commission, Comments must be received on or before December 15, 2004. to Section 6(f) of the Federal Trade Premerger Notification Office, Bureau of Commission Act, 38 Stat. 721, 15 U.S.C. Competition, Room H–303, Washington, ADDRESSES: Comments should refer to 46(f), and Section 2.34 of the DC 20580, (202) 326–3100. ‘‘Petco Animal Supplies, Inc., File No. Commission’s Rules of Practice, 16 CFR By direction of the Commission. 032 3221,’’ to facilitate the organization 2.34, notice is hereby given that the of comments. A comment filed in paper Donald S. Clark, above-captioned consent agreement form should include this reference both containing a consent order to cease and Secretary. in the text and on the envelope, and [FR Doc. 04–25934 Filed 11–22–04; 8:45 am] desist, having been filed with and should be mailed or delivered to the accepted, subject to final approval, by BILLING CODE 6750–01–M following address: Federal Trade the Commission, has been placed on the Commission/Office of the Secretary, public record for a period of thirty (30) Room H–159, 600 Pennsylvania FEDERAL TRADE COMMISSION days. The following Analysis to Aid Avenue, NW., Washington, DC 20580. Public Comment describes the terms of Comments containing confidential the consent agreement, and the [File No. 032 3221] material must be filed in paper form, as allegations in the complaint. An explained in the SUPPLEMENTARY electronic copy of the full text of the Petco Animal Supplies, Inc.; Analysis INFORMATION section. The FTC is To Aid Public Comment consent agreement package can be requesting that any comment filed in obtained from the FTC Home Page (for AGENCY: Federal Trade Commission. paper form be sent by courier or November 17, 2004), on the World Wide overnight service, if possible, because ACTION: Proposed Consent Agreement. Web, at ‘‘http://www.ftc.gov/os/2004/ U.S. postal mail in the Washington area 11/index.htm.’’ A paper copy can be SUMMARY: The consent agreement in this and at the Commission is subject to obtained from the FTC Public Reference matter settles alleged violations of delay due to heightened security Room, Room 130–H, 600 Pennsylvania federal law prohibiting unfair or precautions. Comments filed in Avenue, NW., Washington, DC 20580, deceptive acts or practices or unfair electronic form (except comments either in person or by calling (202) 326– methods of competition. The attached containing any confidential material) 2222. Analysis to Aid Public Comment should be sent to the following e-mail Public comments are invited, and may describes both the allegations in the box: [email protected]. be filed with the Commission in either draft complaint that accompanies the FOR FURTHER INFORMATION CONTACT: paper or electronic form. Written consent agreement and the terms of the Alain Sheer, FTC, Bureau of Consumer comments must be submitted on or consent order—embodied in the consent Protection, 600 Pennsylvania Avenue, before December 15, 2004. Comments
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should refer to ‘‘Petco Animal Supplies, agreement and the comments received, consumers. The security program must Inc., File No. 032 3221,’’ to facilitate the and will decide whether it should contain administrative, technical, and organization of comments. A comment withdraw from the agreement and take physical safeguards appropriate to filed in paper form should include this appropriate action or make final the Petco’s size and complexity, the nature reference both in the text and on the agreement’s proposed order. and scope of its activities, and the envelope, and should be mailed or Petco is a national retailer that sells sensitivity of the personal information delivered to the following address: pet food, pet supplies, and pet services collected from or about consumers. Federal Trade Commission/Office of the from over 600 stores throughout the Specifically, the order requires Petco to: Secretary, Room H–159, 600 United States. It also sells pet food and • Designate an employee or Pennsylvania Avenue, NW., supplies through its online store at employees to coordinate and be Washington, DC 20580. If the comment http://www.PETCO.com. This matter accountable for the information security contains any material for which concerns alleged false or misleading program. confidential treatment is requested, it representations Petco made to • Identify material internal and must be filed in paper (rather than consumers about the security of external risks to the security, electronic) form, and the first page of personal information collected through confidentiality, and integrity of the document must be clearly labeled its online store. consumer information that could result ‘‘Confidential.’’ 1 The FTC is requesting The Commission’s proposed in unauthorized disclosure, misuse, that any comment filed in paper form be complaint alleges that Petco represented loss, alteration, destruction, or other sent by courier or overnight service, if that personal information it obtained compromise of such information, and possible, because U.S. postal mail in the from consumers through http:// assess the sufficiency of any safeguards Washington area and at the Commission www.PETCO.com was stored in an in place to control these risks. At a is subject to delay due to heightened encrypted format and therefore was not minimum, this risk assessment should security precautions. Comments filed in accessible to anyone except the include consideration of the risks in electronic form should be sent to the consumer that provided the each area of relevant operation. following e-mail box: information. The complaint alleges this • Design and implement reasonable [email protected]. representation was false because a safeguards to control the risks identified The FTC Act and other laws the commonly known attack on its Web site through risk assessment, and regularly Commission administers permit the could and was used to gain access in test or monitor the effectiveness of the collection of public comments to clear readable text to personal safeguards’ key controls, systems, and consider and use in this proceeding as information, including credit card procedures. appropriate. All timely and responsive numbers and expiration dates, that • Evaluate and adjust its information public comments, whether filed in Petco obtained from consumers. security program in light of the results paper or electronic form, will be The proposed complaint also alleges of testing and monitoring, any material considered by the Commission, and will that Petco represented that it changes to its operations or business be available to the public on the FTC implemented reasonable and arrangements, or any other Web site, to the extent practicable, at appropriate measures to protect the circumstances that Petco knows or has http://www.ftc.gov. As a matter of personal information it obtained reason to know may have a material discretion, the FTC makes every effort to through the website against impact on the effectiveness of its remove home contact information for unauthorized access. The complaint information security program. individuals from the public comments it alleges this representation was false Part III of the proposed order requires receives before placing those comments because Petco did not implement that Petco obtain within 180 days after on the FTC Web site. More information, reasonable and appropriate measures to being served with the final order including routine uses permitted by the detect common vulnerabilities and approved by the Commission, and on a Privacy Act, may be found in the FTC’s prevent them from being exploited. biennial basis thereafter, an assessment privacy policy, at http://www.ftc.gov/ The proposed order applies to Petco’s and report from a qualified, objective, ftc/privacy.htm. collection and storage of personal independent third-party professional, information from or about consumers in certifying, among other things, that: (1) Analysis of Proposed Consent Order To connection with its online business. It Petco has in place a security program Aid Public Comment contains provisions designed to prevent that provides protections that meet or The Federal Trade Commission has Petco from engaging in the future in exceed the protections required by Part accepted, subject to final approval, a practices similar to those alleged in the II of the proposed order, and (2) Petco’s consent agreement from Petco Animal complaint. security program is operating with Supplies, Inc. (‘‘Petco’’). Specifically, Part I of the proposed sufficient effectiveness to provide The consent agreement has been order prohibits Petco, in connection reasonable assurance that the security, placed on the public record for thirty with online advertising, marketing, confidentiality, and integrity of (30) days for receipt of comments by promotion, offering for sale, or sale of consumers’ personal information has interested persons. Comments received any product or service, from been protected. during this period will become part of misrepresenting the extent to which it Parts IV through VII of the proposed the public record. After thirty (30) days, maintains and protects the security, order are reporting and compliance the Commission will again review the confidentiality, or integrity of any provisions. Part IV requires Petco to personal information collected from or retain documents relating to 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The about consumers. compliance. It requires Petco to retain comment must be accompanied by an explicit Part II of the proposed order requires most documents for a five-year period; request for confidential treatment, including the factual and legal basis for the request, and must Petco to establish and maintain a assessments and supporting documents, identify the specific portions of the comment to be comprehensive information security however, must be retained for three withheld from the public record. The request will program in writing that is reasonably years after the date when each be granted or denied by the Commission’s General Counsel, consistent with applicable law and the designed to protect the security, assessment is prepared. Part V requires public interest. See Commission Rule 4.9(c), 16 CFR confidentiality, and integrity of personal dissemination of the order now and in 4.9(c). information collected from or about the future to persons with
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responsibilities relating to the subject containing any confidential material) possible, because U.S. postal mail in the matter of the proposed order. Part VI should be sent to the following email Washington area and at the Commission requires Petco to notify the Commission box: [email protected]. is subject to delay due to heightened of changes in Petco’s corporate status. FOR FURTHER INFORMATION CONTACT: security precautions. Comments filed in Part VII mandates that Petco submit Jessica Rich, FTC, Bureau of Consumer electronic form should be sent to the compliance reports to the FTC. Part VIII Protection, 600 Pennsylvania Avenue, following email box: is a provision ‘‘sunsetting’’ the order NW., Washington, DC 20580, (202) 326– [email protected]. after twenty (20 ) years, with certain 3224. The FTC Act and other laws the exceptions. SUPPLEMENTARY INFORMATION: Pursuant Commission administers permit the The purpose of this analysis is to to Section 6(f) of the Federal Trade collection of public comments to facilitate public comment on the Commission Act, 38 Stat. 721, 15 U.S.C. consider and use in this proceeding as proposed order. It is not intended to 46(f), and Section 2.34 of the appropriate. All timely and responsive constitute an official interpretation of Commission’s Rules of Practice, 16 CFR public comments, whether filed in the proposed order to modify its terms 2.34, notice is hereby given that the paper or electronic form, will be in any way. above-captioned consent agreement considered by the Commission, and will By direction of the Commission. containing a consent order to cease and be available to the public on the FTC Web site, to the extent practicable, at Donald S. Clark, desist, having been filed with and http://www.ftc.gov. As a matter of Secretary. accepted, subject to final approval, by the Commission, has been placed on the discretion, the FTC makes every effort to [FR Doc. 04–25935 Filed 11–22–04; 8:45 am] remove home contact information for BILLING CODE 6750–01–P public record for a period of thirty (30) days. The following Analysis to Aid individuals from the public comments it Public Comment describes the terms of receives before placing those comments on the FTC Web site. More information, FEDERAL TRADE COMMISSION the consent agreement, and the allegations in the complaint. An including routine uses permitted by the [File No. 042 3153] electronic copy of the full text of the Privacy Act, may be found in the FTC’s consent agreement package can be privacy policy, at http://www.ftc.gov/ Sunbelt Lending Services, Inc.; ftc/privacy.htm. Analysis To Aid Public Comment obtained from the FTC Home Page (for November 16, 2004), on the World Wide Analysis of Proposed Consent Order To AGENCY: Federal Trade Commission. Web, at http://www.ftc.gov/os/2004/11/ Aid Public Comment ACTION: Proposed consent agreement. index.htm. A paper copy can be The Federal Trade Commission obtained from the FTC Public Reference (‘‘Commission’’) has accepted a consent SUMMARY: The consent agreement in this Room, Room 130–H, 600 Pennsylvania matter settles alleged violations of agreement, subject to final approval, Avenue, NW., Washington, DC 20580, from Sunbelt Lending Services, Inc. federal law prohibiting unfair or either in person or by calling (202) 326– deceptive acts or practices or unfair (‘‘Sunbelt’’). Sunbelt is a mortgage 2222. broker with headquarters in Clearwater, methods of competition. The attached Public comments are invited, and may Analysis to Aid Public Comment Florida. Sunbelt collects sensitive be filed with the Commission in either customer information, including describes both the allegations in the paper or electronic form. Written draft complaint that accompanies the customer names, social security comments must be submitted on or numbers, credit histories, bank account consent agreement and the terms of the before December 15, 2004. Comments consent order—embodied in the consent numbers, and income tax returns, and is should refer to ‘‘Sunbelt Lending a ‘‘financial institution’’ subject to the agreement—that would settle these Services, Inc., File No. 042 3153,’’ to allegations. Gramm-Leach-Bliley Act’s Standards for facilitate the organization of comments. Safeguarding Customer Information DATES: Comments must be received on A comment filed in paper form should Rule, 16 CFR part 314 (‘‘Safeguards or before December 15, 2004. include this reference both in the text Rule’’) and Privacy of Consumer ADDRESSES: Comments should refer to and on the envelope, and should be Financial Information Rule, 16 CFR part ‘‘Sunbelt Lending Services, Inc., File mailed or delivered to the following 313 (‘‘Privacy Rule’’). No. 042 3153,’’ to facilitate the address: Federal Trade Commission/ The proposed consent agreement has organization of comments. A comment Office of the Secretary, Room H–159, been placed on the public record for filed in paper form should include this 600 Pennsylvania Avenue, NW., thirty (30) days for receipt of comments reference both in the text and on the Washington, DC 20580. If the comment by interested persons. Comments envelope, and should be mailed or contains any material for which received during this period will become delivered to the following address: confidential treatment is requested, it part of the public record. After thirty Federal Trade Commission/Office of the must be filed in paper (rather than (30) days, the Commission will again Secretary, Room H–159, 600 electronic) form, and the first page of review the agreement and the comments Pennsylvania Avenue, NW., the document must be clearly labeled received, and will decide whether it Washington, DC 20580. Comments ‘‘Confidential.’’ 1 The FTC is requesting should withdraw from the agreement containing confidential material must be that any comment filed in paper form be and take appropriate action or make filed in paper form, as explained in the sent by courier or overnight service, if final the agreement’s proposed order. Supplementary Information section. The This matter concerns Sunbelt’s FTC is requesting that any comment 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The alleged violations of the Safeguards and comment must be accompanied by an explicit filed in paper form be sent by courier or request for confidential treatment, including the Privacy Rules. The Safeguards Rule, overnight service, if possible, because factual and legal basis for the request, and must which became effective on May 23, U.S. postal mail in the Washington area identify the specific portions of the comment to be 2003, requires financial institutions to and at the Commission is subject to withheld from the public record. The request will implement reasonable policies and be granted or denied by the Commission’s General delay due to heightened security Counsel, consistent with applicable law and the procedures to ensure the security and precautions. Comments filed in public interest. See Commission Rule 4.9(c), 16 CFR confidentiality of customer information, electronic form (except comments 4.9(c). including:
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• Designating one or more employees Sunbelt failed to provide its online The purpose of this analysis is to to coordinate the information security customers with the notice required by facilitate public comment on the program; the Privacy Rule. proposed order. It is not intended to • Identifying reasonably foreseeable The proposed order contains constitute an official interpretation of internal and external risks to the provisions designed to prevent Sunbelt the proposed order or to modify its security, confidentiality, and integrity of from future practices similar to those terms in any way. customer information, and assessing the alleged in the complaint. Specifically, By direction of the Commission. sufficiency of any safeguards in place to Part I of the proposed order prohibits Donald S. Clark, control those risks; Sunbelt from violating the Safeguards • Secretary. Designing and implementing Rule or the Privacy Rule. Part II of the information safeguards to control the proposed order requires that Sunbelt [FR Doc. 04–25936 Filed 11–22–04; 8:45 am] risks identified through risk assessment, obtain, within 180 days after being BILLING CODE 6750–01–P and regularly testing or otherwise served with the final order approved by monitoring the effectiveness of the the Commission, and on a biennial basis safeguards’ key controls, systems, and thereafter for ten (10) years, an DEPARTMENT OF HEALTH AND procedures; assessment and report from a qualified, • HUMAN SERVICES Overseeing service providers, and objective, independent third-party requiring them by contract to protect the professional, certifying that: (1) Sunbelt security and confidentiality of customer Administration for Children and has in place a security program that Families information; and provides protections that meet or exceed • Evaluating and adjusting the the protections required by the information security program in light of Submission for OMB Review; Safeguards Rule and (2) Sunbelt’s the results of testing and monitoring, Comment Request security program is operating with changes to the business operation, and other relevant circumstances. sufficient effectiveness to provide Title: IV–E Foster Care and Adoption The Privacy Rule, which became reasonable assurance that the security, Assistance Financial Report (IV–E–1). effective on July 1, 2001, requires confidentiality, and integrity of OMB No.: 0970–0205. consumer’s personal information has financial institutions to provide Titled: Financial Reporting Form. customers with clear and conspicuous been protected. This provision is Description: This form is used by notices that explain the financial substantially similar to comparable states, the District of Columbia and institution’s information collection and provisions obtained in prior Puerto Rico9 to facilitate the reporting sharing practices and allow customers Commission orders under Section 5 of of expenditures for the Foster Care and to opt out of having their information the FTC Act. See Tower Records, FTC Adoption Assistance programs. State shared with certain non-affiliated third Docket No. C–4110 (June 2, 2004); agencies (including the District of parties. Guess?, Inc., FTC Docket No. C–4091 The Commission’s proposed (July 30, 2003); and Microsoft Corp., Columbia and Puerto Rico) use this form complaint charges that Sunbelt failed to FTC Docket No. C–4069 (Dec. 20, 2002). to report data on a quarterly basis. The implement the protections required by Part II of the proposed order requires form provides specific data regarding the Safeguards Rule and, specifically, Sunbelt to retain documents relating to financial disbursements, obligations and that it failed to: (1) Identify reasonably compliance. For the assessments and estimates. It provides states with a foreseeable internal and external risks to supporting documents, Sunbelt must mechanism to request grant awards and the security, confidentiality, and retain the documents for three years certify the availability of state matching integrity of customer information; (2) after the date that each assessment is funds. Failure to collect this data would implement information safeguards to prepared. seriously compromise the control the risks to customer Parts III through VI of the proposed Administration for Children and information and regularly test and order are reporting and compliance Families’ (ACF) ability to issue grant monitor them; (3) develop, implement, provisions. Part III requires awards monitor expenditures. This form and maintain a comprehensive written dissemination of the order now and in is also used to prepare the ACF budget information security program; (4) the future to persons with supervisory submission to Congress. ACF is oversee service providers and require responsibilities. Part IV ensures implementing the On-Line Data them by contract to implement notification to the FTC of changes in Collection System (OLDC) to allow safeguards to protect respondent’s corporate status. Part V mandates that grantees the option to electronically customer information; and (5) designate Sunbelt submit compliance reports to submit the data. one or more employees to coordinate the FTC. Part VI is a provision Respondents: States, District of the information security program. The ‘‘sunsetting’’ the order after twenty (20) Columbia and Puerto Rico Annual proposed complaint also alleges that years, with certain exceptions. Burden Estimates.
Number of Number of responses per Average Total burden Instrument respondents respondent burden hours hours (per year) per response
IV–E 1 ...... 52 4 24.5 5,096 IV–E–1 Proj...... 52 2 1 104
Estimated Total Annual Burden Additional Information: Copies of the Children and Families, Office of Hours: 5,200. proposed collection may be obtained by Administration, Office of Information writing to the Administration for Services, 370 L’Enfant Promenade, SW.,
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Washington, DC 20447, Attn: ACF Bethesda, MD 20892, (301) 402–5658, DEPARTMENT OF HEALTH AND Reports Clearance Officer. All requests [email protected]. HUMAN SERVICES should be identified by the title of the (Catalogue of Federal Domestic Assistance information collection. E-mail address: Program Nos. 93.855, Allergy, Immunology, National Institutes of Health [email protected]. and Transplantation Research; 93.856, OMB Comment: OMB is required to Microbiology and Infectious Diseases Prospective Grant of Exclusive Research, National Institutes of Health, HHS) make a decision concerning the License: Conformationally Locked collection of information between 30 Dated: November 15, 2004. Nucleoside Analogs LaVerne Y. Stringfield, and 60 days after publication of this AGENCY: National Institutes of Health, document in the Federal Register. Director, Office of Federal Advisory Public Health Service, DHHS. Committee Policy. Therefore, a comment is best assured of ACTION: Notice. having its full effect if OMB receives it [FR Doc. 04–25902 Filed 11–22–04; 8:45 am] within 30 days of publication. Written BILLING CODE 4140–01–M SUMMARY: This is notice, in accordance comments and recommendations for the with 35 U.S.C. 209(c)(1) and 37 CFR proposed information collection should 404.7(a)(1)(i), that the National be sent directly to the following: Office DEPARTMENT OF HEALTH AND Institutes of Health (NIH), Department of Management and Budget, Paperwork HUMAN SERVICES of Health and Human Services, is Reduction Project, Attn: Desk Officer for contemplating the grant of an exclusive National Institutes of Health ACF, E-mail address: license to practice the following _ _ Katherine T. [email protected]. National Institute of Allergy and invention as embodied in the following Dated: November 16, 2004. Infectious Diseases; Notice of Closed patent applications: DHHS Ref. No. E– 231–1993; U.S. Serial Number 08/ Robert Sargis, Meeting 126,796, filed on September 24, 1993; Reports Clearance Officer. Pursuant to section 10(d) of the 08/311,425, filed on September 23, [FR Doc. 04–25892 Filed 11–22–04; 8:45 am] Federal Advisory Committee Act, as 1994, U.S. Patent No. 5,629,454; 08/ BILLING CODE 4184–01–M amended (5 U.S.C. Appendix 2), notice 818,563, filed on March 14, 1997, U.S. is hereby given of the following Patent No. 5,869,666; PCT (PCT/US94/ meeting. 10794) filed on September 23, 1994, and DEPARTMENT OF HEALTH AND The meeting will be closed to the National Stage filed in Singapore HUMAN SERVICES public in accordance with the (9607728–4), Australia (78420/94), National Institutes of Health provisions set forth in sections Canada (2172534), Europe (94929321.1), 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Japan (07–506691), Greece (3026166); National Institute of Allergy and as amended. The grant applications and DHHS Ref. No. E–100–1996; U.S. Infectious Diseases; Notice of Closed the discussions could disclose Provisional 60/023,565, filed on August Meeting confidential trade secrets or commercial 7, 1996; U.S. Serial Number 08/908,724, property such as patentable material, filed on August 7, 1997, U.S. Patent No. Pursuant to section 10(d) of the and personal information concerning 5,840,728; PCT (PCT/US96/12800) filed Federal Advisory Committee Act, as individuals associated with the grant on August 15, 1996; DHHS Ref. No. E– amended (5 U.S.C. Appendix 2), notice applications, the disclosure of which 249–2000; U.S. Provisional 60/220,934, is hereby given of the following would constitute a clearly unwarranted filed on July 26, 2000; U.S. Serial meeting. invasion of personal privacy. Number 10/346,762, filed on January 15, The meeting will be closed to the 2003; PCT (PCT/US01/23246) filed on public in accordance with the Name of Committee: National Institute of Allergy and Infectious Diseases Special July 24, 2001, and National Stage filed provisions set forth in sections Emphasis Panel Unsolicited Program Project in Australia (2001278993), Canada 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., (PO1) Application. (2417251), Europe (01951228.8) to N&N as amended. The grant applications and Date: December 14, 2004. Scientific, having a place of business in the discussions could disclose Time: 2 p.m. to 5 p.m. Maryland but incorporated in Illinois. confidential trade secrets or commerical Agenda: To review and evaluate grant The patent rights in these inventions applications. property such as patentable material, have been assigned to the United States and personal information concerning Place: National Institutes of Health, Rockledge 6700B Rockledge Drive, Bethesda, of America. individuals associated with the grant MD 20817, (Telephone Conference Call). DATES: Only written comments and/or applications, the disclosure of which Contact Person: John A. Bogdan, PhD, application for a license which are would constitute a clearly unwarranted Scientific Review Administrator, Scientific received by the NIH Office of invasion of personal privacy. Review Program, Division of Extramural Technology Transfer on or before Name of Committee: National Institute of Activities, National Institutes of Health/ January 24, 2005 will be considered. Allergy and Infectious Diseases Special NIAID, 6700B Rockledge Drive, MSC 7616, Bethesda, MD 20892–7616, 301–496–2550, ADDRESSES: Requests for a copy of the Emphasis Panel NIAID AIDS Training Grant. [email protected]. patent application, inquiries, comments Date: December 14, 2004. Time: 1 p.m. to 4 p.m. (Catalogue of Federal Domestic Assistance and other materials relating to the Agenda: To review and evaluate grant Program Nos. 93.855, Allergy, Immunology, contemplated license should be directed applications. and Transplantation Research; 93.856, to: Robert M. Joynes, Office of Place: National Institutes of Health, Microbiology and Infectious Diseases Technology Transfer, National Institutes Rockledge 6700, 6700B Rockledge Drive, Research, National Institutes of Health, HHS) of Health, 6011 Executive Boulevard, 3145, Bethesda, MD 20817, (Telephone Dated: November 15, 2004. Suite 325, Rockville, MD 20852–3804; Conference Call). LaVerne Y. Stringfield, Email: [email protected]; Telephone: Contact Person: Geetha P. Bansal, PhD, Director, Office of Federal Advisory (301) 594–6565; Facsimile: (301) 402– Scientific Review Administrator, Scientific 0220. Review Program, Division of Extramural Committee Policy. Activities, NIAID/NIH/DHHS, Room 3145, [FR Doc. 04–25903 Filed 11–22–04; 8:45 am] SUPPLEMENTARY INFORMATION: The 6700–B Rockledge Drive, MSC 7616, BILLING CODE 4140–01–M prospective exclusive license will be
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royalty bearing and will comply with The licensed territory will be SUPPLEMENTARY INFORMATION: the terms and conditions of 35 U.S.C. exclusive worldwide. Who Is an H–1B Nonimmigrant? 209 and 37 CFR 404.7. The prospective Properly filed competing applications exclusive license may be granted unless, for a license filed in response to this An H–1B nonimmigrant is an alien within 60 days from the date of this notice will be treated as objections to employed in a specialty occupation or published Notice, NIH receives written the contemplated license. Comments as a fashion model of distinguished evidence and argument that establishes and objections submitted in response to merit and ability. A specialty that the grant of the license would not this notice will not be made available occupation is an occupation that be consistent with the requirements of for public inspection, and, to the extent requires theoretical and practical 35 U.S.C. 209 and 37 CFR 404.7. permitted by law, will not be released application of a body of specialized The compounds of the present under the Freedom of Information Act, knowledge and attainment of a invention represent the first examples of 5 U.S.C. 552. bachelor’s or higher degree in the carbocyclic dideoxynucleosides that in Dated: November 15, 2004. specific specialty as a minimum for solution exist locked in a defined N- admission into the United States. geometry (C3′-endo) conformation Steven M. Ferguson, typical of conventional nucleosides. Director, Division of Technology Development What Is the Cap or Numerical These analogues exhibit increased and Transfer, Office of Technology Transfer, Limitation on the H–1B Nonimmigrant stability due to the substitution of National Institutes of Health. Classification? [FR Doc. 04–25956 Filed 11–22–04; 8:45 am] carbon for oxygen in the ribose ring. The Section 214(g) of the Immigration and ′ ′ BILLING CODE 4140–01–P invention includes 4 -6 -cyclopropane Nationality Act (Act) provides that the fused carbocyclic dideoxynucleosides, total number of aliens who may be ′ 2 -deoxynucleosides and issued H–1B visas or otherwise granted ribonucleosides as well as DEPARTMENT OF HOMELAND H–1B status during FY 2005 may not oligonucleotides derived from these SECURITY exceed 65,000. In accordance with the analogues; the preferred embodiment of Free Trade Agreements (FTA) for Chile the invention is carbocyclic-4′-6′- U.S. Citizenship and Immigration Services and Singapore, as approved by Congress cyclopropane-fused analogues of in Public Laws 108–77 and 108–78, dideoxypurines, dideoxypyrimidines, [CIS NO. 2330–04] 1,400 out of the 65,000 H–1B numbers deoxypurines, deoxypyrimidines, are reserved for H–1B1 nonimmigrants RIN 1615–ZA07 purine ribonucleosides and pyrimidine from Chile, and 5,400 out of the 65,000 ribonucleosides. In addition, Information Regarding the H–1B are reserved for H–1B1 nonimmigrants oligonucleotides derived from one or from Singapore. This effectively reduces more of the nucleosides in combination Numerical Limitation for Fiscal Year 2005 the overall number of H–1B numbers with the naturally occurring nucleosides that may be used prior to September 30, are within the scope of the present AGENCY: U.S. Citizenship and 2005, from 65,000 to 58,200. invention. Immigration Services, DHS. The invention also includes a method Section 214(g)(8)(B)(iv) of the Act also ACTION: for the treatment of herpes virus Notice. requires that any unused H–1B1 numbers set aside for aliens from Chile infections by the administration of SUMMARY: ′ This notice explains how the and Singapore be applied to the cyclopropanated carbocyclic 2 - Department of Homeland Security deoxynucleosides to an affected numerical limitation for the fiscal year (DHS), through U.S. Citizenship and in which they were not used. Visas may individual. This invention is a method Immigration Services (USCIS), will of administration of the compounds be issued under such an adjustment process H–1B petitions for new within 45 days of the next fiscal year to described above. The compounds of this employment for Fiscal Year (FY) 2005 invention are particularly efficacious aliens who had applied for such visas now that it is clear that the demand for during the fiscal year for which the against herpes simplex viruses 1 and 2 H–1B workers will exceed the statutory (HSV–1 and HSV–2), Epstein-Barr Virus adjustment was made. Id. The total numerical limit (the cap) for H–1B number of Chileans and Singaporeans (EBV) and human cytomegalovirus nonimmigrant aliens for FY 2005. This (CMV), although the nucleoside who were granted H–1B1 visas or notice is published so that the public otherwise granted H–1B1 status during analogues of the invention may be used will understand the procedure for to treat any condition caused by a FY 2004 was less than 100. Therefore, processing H–1B petitions now that the pursuant to Section 214(g)(8)(B)(iv), herpes virus. Specifically, the N- cap is reached, as this procedure may methanocarba-T (Thymidine) analogue USCIS has returned approximately affect the hiring decisions of some (hereafter (N)–MCT) has been shown to 6,700 unused H–1B1 numbers to the FY prospective H–1B petitioners. These exhibit strong activity against HSV–1 2004 H–1B cap. procedures are intended to minimize and HSV–2, and moderate to strong Following the adjustment for the confusion and the burden on employers activity against EBV. Significantly, the Chile and Singapore H–1B1 program, who use the H–1B program. anti-HSV activity of the Thymidine and taking into account any other cases analogue is thirty times more potent DATES: This notice is effective that can be counted against the FY 2004 than Acyclovir (shown in a plaque November 23, 2004. cap, there now appears to be a sufficient reduction assay), a widely used anti- FOR FURTHER INFORMATION CONTACT: number of H–1B petitions with HSV therapeutic. Furthermore, the Kevin J. Cummings, Business and Trade employment start dates prior to October Thymidine analogue is also non-toxic Services Branch/Program and 1, 2005 pending at the USCIS Service against stationary cells and is potent Regulation Development, U.S. Centers to reach the adjusted cap for FY against rapidly dividing cells. Dosage Citizenship and Immigration Services, 2005. Therefore, as of October 2, 2004, amounts for the compounds are similar Department of Homeland Security, 111 and until April 1, 2005, USCIS will to those of Acyclovir. Massachusetts Avenue, NW., 3rd Floor, return any petitions (along with the The field of use may be limited to Washington, DC 20529, telephone (202) filing fee and, if applicable, the development of antiviral therapeutics. 305–3175. premium processing fee) requesting an
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employment start date prior to October to commence on or before September where the petition is pending or was 1, 2005. 30, 2005. A petition for new filed and approved. The request should employment includes a petition where be signed by the petitioner or an What Is the Effect of This Notice? the alien beneficiary is outside the authorized representative and include This notice explains the USCIS United States when the H–1B petition is the filing receipt number and the names procedure for processing H–1B petitions approved or where the alien is already of both the petitioner and beneficiary. for new employment, which are subject in the United States in another status Does This Process Apply to H–1B to the H–1B cap, and filed by employers and is seeking H–1B status, either Petitions Filed for Employment To seeking to employ H–1B aliens on or through a change of nonimmigrant Commence On or After October 1, before September 30, 2005. status from within the United States or 2005? a notice to the Consulate of the Will Electronic Filing (e-Filing) for H– No. Those petitions are not affected 1B Nonimmigrant Classification Still Be eligibility for the new status. Petitions for beneficiaries exempt by the procedures described in this Available Now That the H–1B Cap for from the H–1B numerical limitations, notice and will be adjudicated in the FY 2005 Has Been Reached? amended petitions, and petitions for normal fashion, regardless of whether No. Since the H–1B cap has been extension of stay are not affected by this they are filed after this year’s cap is reached and USCIS is no longer procedure because these petitions do reached. Petitioners are reminded that, accepting H–1B petitions pursuant to not count against the cap. Likewise, pursuant to 8 CFR part 214.2(h)(9)(i)(B), FY 2005 employment, e-filing for H–1B petitions for aliens in the United States petitions for H–1B classification may nonimmigrant classification has also who already hold H–1B status, i.e., not be filed or approved more than 6 been suspended. H–1B extensions and petitions filed on behalf of an H–1B months prior to the requested non-cap H–1B cases must now be filed alien by a new or additional employer, employment start date. Therefore, under the mail-in process. In generally are not affected by this petitioners filing for work to commence accordance with 8 CFR part procedure. This procedure does not on October 1, 2005 should not file prior 214.2(h)(9)(i)(B), which allows petitions relate to petitions filed before October 1, to April 1, 2005. H–1B petitions filed for for H–1B classification to be filed 6 2005, for employment to commence on employment to commence on or after months prior to the requested or after October 1, 2005. October 1, 2005 will be counted, if employment start date, petitions filed otherwise chargeable against the annual What Is the USCIS Procedure for for work to commence on October 1, H–1B cap, against the FY 2006 Processing H–1B Petitions for New 2005 (FY 2006) may be filed via e-filing numerical cap. Employment During the Remainder of as early as April 1, 2005. FY 2005? How Will USCIS Treat H–1B Petitions Why Was the Cap or Numerical This notice informs the public that That Are Revoked for Any Reason Limitation on the H–1B Nonimmigrant there appears to be a sufficient number Other Than Fraud or Willful Classification Reached So Early in FY of H–1B petitions pending at USCIS Misrepresentation? 2005? Service Centers to reach the adjusted For purposes of the annual numerical The FY 2004 cap or numerical cap of 58,200 for FY 2005. As of October limitation, if an H–1B petition was limitation on the H–1B nonimmigrant 2, 2004, USCIS will not accept for approved in a prior fiscal year (e.g. FY classification was reached on February adjudication any H–1B petition for new 2001, 2002, 2003, 2004) but revoked in 17, 2004. As explained in the February employment containing a request for a FY 2005, that revocation will have no 25, 2004 notice published in the Federal work start date prior to October 1, 2005. effect on the FY 2005 cap and the Register at 69 FR 8675, and under the Petitions filed on or after October 2, number will not be restored to the total procedure also carried out in this notice, 2004 will be returned (along with the number of H–1B new petition approvals USCIS regulations at 8 CFR part filing fee and, if applicable, the available for the remainder of FY 2005. 214.2(h)(9)(i)(B) allow petitions for H– premium processing fee) to the However, if an H–1B petition was 1B classification to be filed 6 months petitioner according to 8 CFR approved in FY 2005 (and the approval prior to the requested employment start 214.2(h)(8)(ii)(E). In accordance with was counted against the FY 2005 cap), date. Therefore, beginning on April 1, existing regulations, such petitioners and the H–1B petition subsequently is 2004, petitions filed for work to may refile those petitions after April 1, revoked during FY 2005 for any reason commence on October 1, 2004 could be 2005, with a new starting date of other than fraud or willful filed. Although these petitions were October 1, 2005, or later. misrepresentation (e.g. the petitioner filed in calendar year 2004 they count USCIS has established how many H– goes out of business), that number will against the FY 2005 H–1B cap, unless 1B petitions are pending and will likely be restored to the total number of H–1B applied to the required adjustment count towards the FY 2005 statutory petition approvals available for the under Section 214(g)(8)(B)(iv). limit. USCIS will adjudicate all remainder of FY 2005. If the same H–1B The H–1B cap or numerical limitation petitions filed prior to October 2, 2004 petition is revoked for any reason other of 65,000 under section 214(g) of the Act in the order in which they are received. than fraud or willful misrepresentation is set by Congress, and USCIS is USCIS is not suspending premium after the end of FY 2005, USCIS will not required to adhere to the statutory processing and normal rules applicable restore the number to the FY 2005 cap. numerical limitation. to those cases filed on or before October How Will USCIS Process H–1B Petitions 1, 2004 still apply. Does This Notice Announcing That the That Are Revoked for Fraud or Willful Cap Has Been Reached for FY 2005 How Should a Petitioner Notify USCIS Misrepresentation? Affect All H–1B Petitions Filed for FY That It Wishes To Withdraw a Petition? Section 108 of the American 2005? If a petitioner wishes to withdraw a Competitiveness in the Twenty-first No. This notice relates only to H–1B pending H–1B petition or an approved Century Act of 2000, Public Law 106– petitions filed for beneficiaries who are H–1B petition for new employment, the 313 (‘‘AC21’’), sets forth the procedure subject to the numerical limitations and petitioner should send a withdrawal when an H–1B petition is revoked on will be engaged in ‘‘new employment,’’ request to the USCIS service center the basis of fraud or willful
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misrepresentation. Under AC21, one DEPARTMENT OF HOUSING AND telephone (202) 708–2374. This is not a number for each petition that is revoked URBAN DEVELOPMENT toll-free number. Copies of available documents submitted to OMB may be on the basis of fraud or [Docket No. FR–4903-N–93] misrepresentation shall be restored to obtained from Mr. Eddins or Ms Deitzer the total number of H–1B petition Notice of Submission of Proposed and at HUD’s Web site at http:// approvals available for the fiscal year Information Collection to OMB; www5.hud.gov:63001/po/i/icbts/ during which an H–1B petition is Application for Access to the collectionsearch.cfm. revoked, regardless of the fiscal year in Automated Clearing House (ACH) SUPPLEMENTARY INFORMATION: This which the petition was approved. notice informs the public that the AGENCY: Office of the Chief Information Department of Housing and Urban How Will USCIS Process H–1B Petitions Officer, HUD. Development has submitted to OMB a That Were Originally Denied But ACTION: Notice of correction. request for approval of the information Subsequently Ordered Approved by the collection described below. This notice SUMMARY: The notice previously Administrative Appeals Office or by a is soliciting comments from members of published under Docket No. FR–4903– Federal Court? the public and affecting agencies N–92 displayed an incorrect title concerning the proposed collection of USCIS has considered cases currently heading. The correct title is information to: (1) Evaluate whether the on appeal in its determination of cases ‘‘Application for access to the proposed collection of information is that could count towards the statutory Automated Clearing House (ACH).’’ The necessary for the proper performance of cap. USCIS will process approved proposed information collection the functions of the agency, including petitions in the order that they were requirement described below has been whether the information will have submitted to the Office of Management originally filed with USCIS or the practical utility; (2) Evaluate the and Budget (OMB) for review, as former Immigration and Naturalization accuracy of the agency’s estimate of the required by the Paperwork Reduction Service. burden of the proposed collection of Act. The Department is soliciting public information; (3) Enhance the quality, Will USCIS Refund a Filing Fee if a comments on the subject proposal. utility, and clarity of the information to Petition Is Withdrawn or Revoked? This is a request for continued be collected; and (4) Minimize the approval to collect information from No, USCIS will not refund the $185 burden of the collection of information Title I Lenders applying for access to the on those who are to respond; including filing fee when a petition is revoked or Automated Clearing House (ACH) through the use of appropriate withdrawn. The provisions contained in Program for electronic premium automated collection techniques or 8 CFR 103.2(a)(1) preclude the payment for the Title I Mortgage other forms of information technology, refunding of filing fees on Form I–129 Insurance Program. petitions in these situations. USCIS will e.g., permitting electronic submission of DATES: Comments Due Date: December responses. refund a filing fee only if the refund 23, 2004. request is based on USCIS error or if the This notice also lists the following ADDRESSES: Interested persons are petition is filed subsequent to October 1, information: invited to submit comments regarding 2004. It should be noted that H–1B cap Title of Proposal: Application for this proposal. Comments should refer to cases filed under the premium access to the Automated Clearing House the proposal by name and/or OMB (ACH) processing program are subject to the approval Number (2502–0512) and conditions contained in this notice. OMB Approval Number: 2502–0512. should be sent to: HUD Desk Officer, Form Numbers: HUD–56150. Dated: October 4, 2004. Office of Management and Budget, New Description of The Need For the Michael Petrucelli, Executive Office Building, Washington, Information and Its Proposed Use: Deputy Director, U.S. Citizenship and DC 20503; fax: 202–395–6974. This is a request for continued Immigration Services. FOR FURTHER INFORMATION CONTACT: approval to collect information from [FR Doc. 04–25917 Filed 11–22–04; 8:45 am] Wayne Eddins, Reports Management Title I Lenders applying for access to the BILLING CODE 4410–10–P Officer, AYO, Department of Housing Automated Clearing House (ACH) and Urban Development, 451 Seventh Program for electronic premium Street, SW., Washington, DC 20410; e- payment for the Title I Mortgage mail [email protected]; or Insurance Program. Lillian Deitzer at Frequency of Submission: On [email protected] or occassion.
Number of burden Annual × Hours per = Hours respondents responses response
Reporting Burden ...... 2,406 147 0.2 29.4
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Total Estimated Burden Hours: 29.4. supplemental funding, unmet financial OMB has up to 60 days to make a Status: Extension of a currently needs of eligible students and college decision on the submission for renewal, approved collection. graduation rates. Authority for the but may make the decision after 30 Authority: Section 3507 of the Paperwork collection of information is contained in days. Therefore, to receive the best Reduction Act of 1995, 44 U.S.C. 35, as Public Law 93–638, The Indian Self- consideration of your comments, you amended. Determination and Education should submit them as early as possible. Assistance Act of 1975, as amended. Dated: November 16, 2004. Bureau of Indian Affairs Higher The Bureau of Indian Affairs Higher Wayne Eddins, Education Grant Program Annual Education Grant Application (OMB No. Report Form Departmental Reports Management Officer, 1076–0101) provides for an annual Office of the Chief Information Officer. collection of information required to Title: Bureau of Indian Affairs Higher [FR Doc. E4–3282 Filed 11–22–04; 8:45 am] make a determination of an applicant’s Education Grant Program Annual Report BILLING CODE 4210–72–P eligibility for funding. The information Form. must be collected for the applicant to be OMB Approval Number: 1076–0106. considered for a benefit. A request for Type of Review: Renewal. DEPARTMENT OF THE INTERIOR comments on these information Brief Description of Collection: collection requests appeared in the Respondents who receive a grant are Bureau of Indian Affairs Federal Register on April 16, 2004 (69 required to submit an annual report. Respondents: Tribal higher education Submission of Information Collection FR 20636). No comments were received regarding either of the information program directors. to the Office of Management and Number of Respondents: 125. collection forms. Budget (OMB) for Review Under the Estimated Time Per Response: 3 Paperwork Reduction Act Request for Comments hours. Frequency of Response: Annual. AGENCY: Bureau of Indian Affairs, The Bureau of Indian Affairs requests Total Annual Burden to Respondents: Interior. you to send your comments on this 375 hours. ACTION: Notice. collection to the locations listed in the ADDRESSES section. Your comments Bureau of Indian Affairs Higher SUMMARY: The Bureau of Indian Affairs should address: Education Grant Program Application (BIA) is submitting the information (a) The necessity of this information Title: Bureau of Indian Affairs Higher collection titled the Bureau of Indian collection for the proper performance of Education Grant Program Application. Affairs Higher Education Grant Program the functions of the agency, including OMB Approval Number: 1076–0101. Annual Report Form, OMB Control whether the information will have Type of Review: Renewal. Number 1076–0106, and the Bureau of practical utility; Brief Description of Collection: Indian Affairs Higher Education Grant (b) The accuracy of the agency’s Respondents receiving a benefit must Application Form, OMB Control estimate of the burden (hours and cost) annually complete the form to Number 1076–0101 to OMB for of the collection of information, demonstrate unmet financial need for approval under the Paperwork including the validity of the consideration for a grant. Reduction Act. Approval of the Higher methodology and assumptions used; Respondents: Tribal members, Education Annual Grant Report form (c) Ways we could enhance the students. and the Higher Education Grant quality, utility and clarity of the Number of Respondents: 14,000. Application need to be renewed. information to be collected; and Estimated Time Per Response: 1 hour. DATES: Submit comments on or before (d) Ways we could minimize the Frequency of Response: Annual. December 23, 2004. burden of the collection of the Total Annual Burden to Respondents: ADDRESSES: You may submit comments information on the respondents, such as 14,000 hours. on the information collection to the through the use of automated collection Dated: November 15, 2004. Desk Officer for the Department of the techniques or other forms of information David W. Anderson, Interior, by facsimile at (202) 395–6566, technology. Assistant Secretary—Indian Affairs. or via e-mail: Please note that an agency may not [FR Doc. 04–25949 Filed 11–22–04; 8:45 am] [email protected]. sponsor or request, and an individual BILLING CODE 4310–6W–P Please send a copy of your comments need not respond to, a collection of to Director, Office of Indian Education information unless it has valid OMB Programs, 1849 C Street, NW., MS– Control Number. DEPARTMENT OF THE INTERIOR 3609–MIB, Washington, DC 20240. The It is our policy to make all comments telephone number is (202) 208–6123. available to the public for review at the National Park Service FOR FURTHER INFORMATION CONTACT: You Bureau of Indian Affairs location listed may request further information or in the ADDRESSES section, room 3609, Plan of Operations, Environmental obtain copies of the information during the hours of 8 a.m. to 4 p.m., Assessment, Padre Island National collection from Garry R. Martin, Branch Monday through Friday, except for legal Seashore, TX Chief, Branch of Planning, Office of holidays. If you wish to have your name AGENCY: National Park Service, Indian Education Programs, 1849 C and/or address withheld, you must state Department of the Interior. Street, NW., MS–3609–MIB, this prominently at the beginning of ACTION: Notice of availability of a plan Washington, DC 20240. your comments. We will honor your of operations, environmental SUPPLEMENTARY INFORMATION: The request according to the requirements of assessment, and floodplains statement Bureau of Indian Affairs Higher the law. All comments from of findings for a 30-day public review at Education Grant Program Annual Report organizations or representatives will be Padre Island National Seashore. Form (OMB No. 1076–0106) provides a available for review. We may withhold profile of program financial data from comments from review for other SUMMARY: The National Park Service which to derive a national analysis of reasons. (NPS), in accordance with § 9.52(b) of
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Title 36 of the Code of Federal Dated: September 17, 2004. Jefferson County Regulations and Executive Order 11988, Michael D. Snyder, St. Cecilia School Building, 2530 Slevin St., Floodplain Management has received Deputy Director, Intermountain Region, Louisville, 04001252 from BNP Petroleum Corporation a Plan National Park Service. Livingston County of Operations for drilling and [FR Doc. 04–26001 Filed 11–22–04; 8:45 am] Mantle Rock, (Cherokee Trail of Tears MPS) production of the Dunn-Peach No. 2, 3, BILLING CODE 4312–CD–P 4 , 5, and 6 Wells from the existing KY133, Smithland, 04001253 Dunn-Peach No. 1 Well surface location Todd County 6.9 miles south along the Gulf beach, DEPARTMENT OF THE INTERIOR Gray’s Inn, (Cherokee Trail of Tears MPS) 88 from the end of Park Road 22, within Graysville Rd., Guthrie, 04001254 Padre Island National Seashore. National Park Service Additionally, the NPS has prepared an Whitley County Environmental Assessment and a National Register of Historic Places; Lane Theater, 510 Main St., Williamsburg, Floodplains Statement of Findings for Notification of Pending Nominations 04001255 the site of the proposed wells. Nominations for the following MASSACHUSETTS DATES: The above documents are properties being considered for listing Middlesex County available for public review and in the National Register were received comment through December 23, 2004. South Burying Ground, (Newton MRA) by the National Park Service before Winchester St., Newton, 04001256 ADDRESSES: The Plan of Operations, October, 16, 2004. Pursuant to section Environmental Assessment, and 60.13 of 36 CFR Part 60 written Plymouth County Floodplain Statement of Findings are comments concerning the significance Pillsbury Summer House, 45 Old Cove Rd., available for public review and of these properties under the National Duxbury, 04001257 comment in the Office of the Register criteria for evaluation may be Worcester County Superintendent, Colin Campbell, Padre forwarded by United States Postal Island National Seashore, 20301 Park Service, to the National Register of Warren First Congregational—Federated Road 22, Corpus Christi, Texas. Copies Historic Places, National Park Service, Church, 25 Winthrop Ter., Warren, 04001258 of the Plan of Operations are available, 1849 C St. NW., 2280, Washington, DC for a duplication fee, from the 20240; by all other carriers, National NEW JERSEY Superintendent, Colin Campbell, Padre Register of Historic Places, National Bergen County Island National Seashore, P.O. Box Park Service, 1201 Eye St. NW., 8th 181300, Corpus Christi, Texas 78480– floor, Washington DC 20005; or by fax, Bogert, John Jacob, House, 163 Bogert’s Mill Rd., Harrington Park, 04001259 1300. 202–371–6447. Written or faxed comments should be submitted by Burlington County FOR FURTHER INFORMATION CONTACT: Ms. December 8, 2004. Arlene Wimer, Environmental Burlington’s Lost Burial Ground, Address Restricted, Burlington, 04001260 Protection Specialist, Padre Island Carol D. Shull, National Seashore, P.O. Box 181300, Keeper of the National Register of Historic Cape May County Corpus Christi, Texas 78480–1300, Places. Ludlam, Thomas Jr., House, 707 NJ47, Dennis Telephone: 361–949–8173 x 224, e-mail ARIZONA Township, 04001261 at [email protected]. Maricopa County OREGON SUPPLEMENTARY INFORMATION: If you wish to submit comments about this Phoenix Union High School Historic District Deschutes County document within the 30 days; mail them (Boundary Decrease), 512 E. Van Buren, Downing Building, 1033–1035 NW Bond St., to the post office address provided Phoenix, 04001248 Bend, 04001262 Pima County above, hand-deliver them to the park at Multnomah County the street address provided above, or Agua Caliente Ranch Rural Historic Auto Freight Transport Building of Oregon electronically file them to the e-mail Landscape, (Cattle Ranching in Arizona and Washington, (Eastside MRA) 1001 SE address provided above. Our practice is MPS) 12325 E. Roger Rd., Tucson, Water Ave., Portland, 04001263 to make comments, including names 04001246 Empirita Cattle Ranch Rural Historic District, Bruening, Henry C. and Wilhemina, House, and home addresses of respondents, 5919 N. Williams, Portland, 04001264 available for public review during (Cattle Ranching in Arizona MPS) Between regular business hours. Individual Vail & Benson S. of I10, Benson, 04001247 VIRGINIA respondents may request that we KENTUCKY Accomack County withhold their home address from the Boone County Cokesbury Church, 13 Market St., Onancock, record, which we will honor to the 04001265 extent allowable by law. There also may South Main Street Historic District, (Boone County, Kentucky MPS) Roughly along Fauquier County be circumstances in which we would Main St. between Edwards and Oreco Sts., withhold from the record a respondent’s Walton, 04001249 Atoka Historic District, 1461, 1466, 1468, identity, as allowable by law. If you 1481 Atoka Rd. & 7258, 7260 Rectors Ln., wish us to withhold your name and/or Christian County Atoka, 04001266 address, you must state this Whitepath and Fly Smith Gravesite, Rectortown Historic District, Roughly prominently at the beginning of your (Cherokee Trail of Tears MPS) P.O. Box bounded by Maidstone, Rectortown, Atoka, comment. We will make all submissions 350, Hopkinsville, 04001250 Lost Corner and Crenshae Rds., Rectortown, 04001267 from organizations or businesses, and Daviess County from individuals identifying themselves Owensboro Historic Downtown Commercial Lexington Independent City as representatives or officials of District, (Owensboro MRA) Roughly Lexington and Covington Turnpike Toll organizations or businesses, available between Frederica, Clay, 2nd & 4th Sts., House, 453 Lime Kiln Rd., Lexington, for public inspection in their entirety. Owensboro, 04001251 04001268
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Loudoun County This notice is published as part of the that the human remains from Janney House, 15 W. Colonial Hwy., National Park Service’s administrative CA-Lan-1010 were interred during the Hamilton, 04001269 responsibilities under NAGPRA, 25 Middle period (800 B.C. to A.D. 100). U.S.C. 3003 (d)(3). The determinations Linguistic and ethnohistoric evidence Northampton County in this notice are the sole responsibility shows that at the beginning of the Chandler, John W., House, 3342 Main St., of the museum, institution, or Federal Middle period, Takic-speaking peoples, Exmore, 04001270 agency that has control of the Native who include both Gabrielino/Tongva Patrick County American human remains. The National peoples and the Serrano peoples, moved Goblintown Mill, 888 Iron Bridge Rd., Stuart, Park Service is not responsible for the into the area where the Angeles 04001271 determinations in this notice. National Forest is today located. The A detailed assessment of the human two groups had a common heritage, but Pulaski County remains was made by Angeles National were diverging by the beginning of the New Dublin Presbyterian Church, New Forest professional staff in consultation Middle period. Analysis of historical Dublin Church Rd., Dublin, 04001272 with representatives of the San Manuel records from missions in the area of the Rappahannock County Band of Serrano Mission Indians of the San Gabriel Mountains shows that at the Laurel Mills Historic District, Roughly San Manuel Reservation, California; time of mission recruitment, in the 16th bounded by Laurel Mills Rd., Thornton R. Santa Ynez Band of Chumash Mission and 17th centuries, the occupants of & Laurel Mills Farm, Laurel Mills, Indians of the Santa Ynez Reservation, Chilao were descended from the Middle 04001273 California; Native American Heritage period, Phase 2a people of Chilao Flats. Sunnyside, 186 Sunnyside Orchard Ln., Commission; and over 70 individuals The present-day San Manuel Band of Washington, 04001274 representing nonfederally recognized Serrano Mission Indians of the San Roanoke Independent City Indian groups. Manuel Reservation, California traces a In 1954, human remains representing shared group identity with the Serrano Boxley—Sprinkle House, 2611 Crystal Spring a minimum of one individual were Ave., Roanoke, 04001275 cultural groups that inhabited the area Henry Street Historic District, 100 blk. of removed from archeological site around the site during the Middle Henry St. NW, Roanoke, 04001276 05-01-51-08 (CA-LAn-1010), located in period. Chilao Flats, Angeles National Forest, Officials of Angeles National Forest Suffolk Independent City Los Angeles County, CA, during salvage have determined that, pursuant to 25 West End Historic District (Boundary excavations conducted by archeologists U.S.C. 3001 (9-10), the human remains Increase), Roughly bounded by Wellons, from the Southwest Museum, Highland described above represent the physical Washington & Smith Sts., Suffolk, Park, CA, and the Archaeological remains of at least one individual of 04001277 Survey Association. The excavations Native American ancestry. Officials of WISCONSIN were undertaken in response to Angeles National Forest also have discovery of human remains and Ozaukee County determined that, pursuant to 25 U.S.C. artifacts during construction of a sewer 3001 (3)(A), the 69 objects listed above Green Bay Road Historic District, 149—195 line for a Forest Service residence. are reasonably believed to have been Green Bay Rd., Thiensville, 04001278 Human bone (some fragments burned, placed with or near individual human Main Street Historic District, 101 N. Main St., 105—130 S. Main St., 101 Green Bay Rd. others unburned or slightly burned) and remains at the time of death or later as & 107 W. Buntrock Ave., Thiensville, cultural items were recovered. part of the death rite or ceremony. 04001279 Following the excavation, the human Lastly, officials of Angeles National remains were curated at the Southwest Forest have determined that, pursuant [FR Doc. 04–25898 Filed 11–22–04; 8:45 am] Museum under accession number 28-S to 25 U.S.C. 3001 (2), there is a BILLING CODE 4312–51–P until 2004, when they were transferred relationship of shared group identity to Angeles National Forest. Records that can be reasonably traced between indicate that some material from this the Native American human remains DEPARTMENT OF THE INTERIOR excavation was loaned back to the and associated funerary objects and the National Park Service Angeles National Forest in the early San Manuel Band of Serrano Mission 1960s at which time some of it was lost Indians of the San Manuel Reservation, Notice of Inventory Completion: U.S. or stolen. No known individual was California. Department of Agriculture, Forest identified. The 69 associated funerary Representatives of any other Indian Service, Angeles National Forest, objects are 11 pieces of charcoal, four tribe that believes itself to be culturally Arcadia, CA fragments of red garnet, one piece of affiliated with the human remains and jasper, five ochre/hematite fragments, associated funerary objects should AGENCY: National Park Service, Interior. one chalcedony flake, one flake contact Jody N. Noiron, Forest ACTION: Notice. identified as chipped stone, two Supervisor, Angeles National Forest, obsidian flakes, three quartz crystals, six 701 North Santa Anita Avenue, Arcadia, Notice is here given in accordance quartz flakes, three unidentified lithics, CA 91006, telephone (626) 574-1613, with the Native American Graves one groundstone, four groundstone before December 23, 2004. Repatriation Protection and Repatriation Act fragments, six steatite rim fragments, of the human remains to the San (NAGPRA), 25 U.S.C. 3003, of the one burnt fragment of a clay pipe, one Manuel Band of Serrano Mission completion of an inventory of human pelican stone, one pestle, one quartzite Indians of the San Manuel Reservation, remains in the possession of the U.S. projectile point, sixteen stone disc California may proceed after that date if Department of Agriculture, Forest beads, and one incised animal bone no additional claimants come forward. Service, Angeles National Forest, fragment. Angeles National Forest is responsible Arcadia, CA. The human remains were Based on archeological, ethnohistoric, for notifying the San Manuel Band of removed from a site at Chilao Flats, and linguistic evidence, the human Serrano Mission Indians of the San Angeles National Forest, Los Angeles remains and associated funerary objects Manuel Reservation, California; Santa County, CA. show a cultural affiliation with the Ynez Band of Chumash Mission Indians Serrano peoples. The bead data suggest of the Santa Ynez Reservation,
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California; Native American Heritage At an unknown date, human remains affiliated with the human remains Commission; and over 70 individuals representing a minimum of two should contact Dr. Darrell Creel, representing nonfederally recognized individuals were removed from private Director, The University of Texas at Indian groups that this notice has been land in Montezuma County, CO. In Austin, Texas Archeological Research published. 1960, the landowners donated the Laboratory, 1 University Station R7500, Dated: September 27, 2004 human remains to the Texas Memorial Austin, TX 78712–0714, telephone (512) Museum, University of Texas. The Sherry Hutt, 471–5960, before December 23, 2004. human remains were transferred to the Repatriation of the human remains to Manager, National NAGPRA Program. Texas Archeological Research the Hopi Tribe of Arizona; Pueblo of [FR Doc. 04–25926 Filed 11–22–04; 8:45 am] Laboratory at a later unknown date. No Acoma, New Mexico; Pueblo of Cochiti, BILLING CODE 4312–50–S known individuals were identified. No New Mexico; Pueblo of Isleta, New associated funerary objects are present. Mexico; Pueblo of Jemez, New Mexico; Little is known about the site, except Pueblo of Laguna, New Mexico; Pueblo DEPARTMENT OF THE INTERIOR that it was apparently a large pueblo of Nambe, New Mexico; Pueblo of about 5 miles east of the present city of National Park Service Picuris, New Mexico; Pueblo of Mancos, CO, occupied between A.D. Pojoaque, New Mexico; Pueblo of San Notice of Inventory Completion: Texas 750 and 1000. The site is within the Felipe, New Mexico; Pueblo of San Archeological Research Laboratory, historically documented territory of the Ildefonso, New Mexico; Pueblo of San The University of Texas at Austin, Hopi Tribe of Arizona; Pueblo of Juan, New Mexico; Pueblo of Sandia, Austin, TX Acoma, New Mexico; Pueblo of Cochiti, New Mexico; Pueblo of Santa Ana, New New Mexico; Pueblo of Isleta, New Mexico; Pueblo of Santa Clara, New AGENCY: National Park Service, Interior. Mexico; Pueblo of Jemez, New Mexico; Mexico; Pueblo of Santo Domingo, New Pueblo of Laguna, New Mexico; Pueblo ACTION: Notice. Mexico; Pueblo of Taos, New Mexico; of Nambe, New Mexico; Pueblo of Pueblo of Tesuque, New Mexico; Pueblo Notice is here given in accordance Picuris, New Mexico; Pueblo of of Zia, New Mexico; and Zuni Tribe of with the Native American Graves Pojoaque, New Mexico; Pueblo of San the Zuni Reservation, New Mexico may Protection and Repatriation Act Felipe, New Mexico; Pueblo of San proceed after that date if no additional (NAGPRA), 25 U.S.C. 3003, of the Ildefonso, New Mexico; Pueblo of San claimants come forward. completion of an inventory of human Juan, New Mexico; Pueblo of Sandia, New Mexico; Pueblo of Santa Ana, New The Texas Archeological Research remains and associated funerary objects Laboratory is responsible for notifying in the possession of the Texas Mexico; Pueblo of Santa Clara, New Mexico; Pueblo of Santo Domingo, New the Hopi Tribe of Arizona; Pueblo of Archeological Research Laboratory, The Acoma, New Mexico; Pueblo of Cochiti, University of Texas at Austin, Austin, Mexico; Pueblo of Taos, New Mexico; Pueblo of Tesuque, New Mexico; Pueblo New Mexico; Pueblo of Isleta, New TX. The human remains were removed Mexico; Pueblo of Jemez, New Mexico; from a site in Montezuma County, CO. of Zia, New Mexico; and Zuni Tribe of the Zuni Reservation, New Mexico. Pueblo of Laguna, New Mexico; Pueblo This notice is published as part of the Officials of the Texas Archeological of Nambe, New Mexico; Pueblo of National Park Service’s administrative Research Laboratory have determined Picuris, New Mexico; Pueblo of responsibilities under NAGPRA, 25 that, pursuant to 25 U.S.C. 3001 (9–10), Pojoaque, New Mexico; Pueblo of San U.S.C. 3003 (d)(3). The determinations the human remains described above Felipe, New Mexico; Pueblo of San in this notice are the sole responsibility represent the physical remains of two Ildefonso, New Mexico; Pueblo of San of the museum, institution, or Federal individuals of Native American Juan, New Mexico; Pueblo of Sandia, agency that has control of the Native ancestry. Officials of the Texas New Mexico; Pueblo of Santa Ana, New American human remains and Archeological Research Laboratory also Mexico; Pueblo of Santa Clara, New associated funerary objects. The have determined that, pursuant to 25 Mexico; Pueblo of Santo Domingo, New National Park Service is not responsible U.S.C. 3001 (2), there is a relationship Mexico; Pueblo of Taos, New Mexico; for the determinations in this notice. of shared group identity that can be Pueblo of Tesuque, New Mexico; Pueblo A detailed assessment of the human reasonably traced between the Native of Zia, New Mexico; and Zuni Tribe of remains was made by Texas American human remains and the Hopi the Zuni Reservation, New Mexico that Archeological Research Laboratory Tribe of Arizona; Pueblo of Acoma, New this notice has been published. professional staff, and the information Mexico; Pueblo of Cochiti, New Mexico; Dated: October 25, 2004 was provided to the Hopi Tribe of Pueblo of Isleta, New Mexico; Pueblo of Sherry Hutt, Arizona; Pueblo of Acoma, New Mexico; Jemez, New Mexico; Pueblo of Laguna, Manager, National NAGPRA Program. Pueblo of Cochiti, New Mexico; Pueblo New Mexico; Pueblo of Nambe, New of Isleta, New Mexico; Pueblo of Jemez, Mexico; Pueblo of Picuris, New Mexico; [FR Doc. 04–25924 Filed 11–22–04; 8:45 am] New Mexico; Pueblo of Laguna, New Pueblo of Pojoaque, New Mexico; BILLING CODE 4312–50–S Mexico; Pueblo of Nambe, New Mexico; Pueblo of San Felipe, New Mexico; Pueblo of Picuris, New Mexico; Pueblo Pueblo of San Ildefonso, New Mexico; DEPARTMENT OF THE INTERIOR of Pojoaque, New Mexico; Pueblo of San Pueblo of San Juan, New Mexico; Felipe, New Mexico; Pueblo of San Pueblo of Sandia, New Mexico; Pueblo National Park Service Ildefonso, New Mexico; Pueblo of San of Santa Ana, New Mexico; Pueblo of Juan, New Mexico; Pueblo of Sandia, Santa Clara, New Mexico; Pueblo of Notice of Inventory Completion: Texas New Mexico; Pueblo of Santa Ana, New Santo Domingo, New Mexico; Pueblo of Archeological Research Laboratory, Mexico; Pueblo of Santa Clara, New Taos, New Mexico; Pueblo of Tesuque, The University of Texas at Austin, Mexico; Pueblo of Santo Domingo, New New Mexico; Pueblo of Zia, New Austin, TX Mexico; Pueblo of Taos, New Mexico; Mexico; and Zuni Tribe of the Zuni Pueblo of Tesuque, New Mexico; Pueblo Reservation, New Mexico. AGENCY: National Park Service, Interior. of Zia, New Mexico; and Zuni Tribe of Representatives of any other Indian ACTION: Notice. the Zuni Reservation, New Mexico. tribe that believes itself to be culturally
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Notice is here given in accordance ancestry. Officials of the Texas This notice is published as part of the with the Native American Graves Archeological Research Laboratory also National Park Service’s administrative Protection and Repatriation Act have determined that, pursuant to 25 responsibilities under NAGPRA, 25 (NAGPRA), 25 U.S.C. 3003, of the U.S.C. 3001 (3)(A), the 111 objects U.S.C. 3003 (d)(3). The determinations completion of an inventory of human described above are reasonably believed in this notice are the sole responsibility remains and associated funerary objects to have been placed with or near of the museum, institution, or Federal in the possession of the Texas individual human remains at the time of agency that has control of the Native Archeological Research Laboratory, The death or later as part of the death rite American human remains and University of Texas at Austin, Austin, or ceremony. Lastly, officials of the associated funerary objects. The TX. The human remains and associated Texas Archeological Research National Park Service is not responsible funerary objects were removed from a Laboratory have determined that, for the determinations in this notice. site in Real County, TX. pursuant to 25 U.S.C. 3001 (2), there is A detailed assessment of the human This notice is published as part of the a relationship of shared group identity remains was made by Texas National Park Service’s administrative that can be reasonably traced between Archeological Research Laboratory responsibilities under NAGPRA, 25 the Native American human remains professional staff in consultation with U.S.C. 3003 (d)(3). The determinations and associated funerary objects and the representatives of the Alabama- in this notice are the sole responsibility Mescalero Apache Tribe of the Coushatta Tribes of Texas. No other of the museum, institution, or Federal Mescalero Reservation, New Mexico. tribes were consulted. agency that has control of the Native Representatives of any other Indian In 1968 and 1969, human remains American human remains and tribe that believes itself to be culturally representing a minimum of four associated funerary objects. The affiliated with the human remains and individuals were removed from the National Park Service is not responsible associated funerary objects should Arthur Patterson site, San Jacinto for the determinations in this notice. contact Dr. Darrell Creel, Director, The County, TX, during excavations by the A detailed assessment of the human University of Texas at Austin, Texas Texas State Building Commission, the remains was made by Texas Archeological Research Laboratory, 1 Texas Water Development Board, the Archeological Research Laboratory University Station R7500, Austin, TX Houston Archeological Society and professional staff and the information 78712–0714, telephone (512) 471–5960, students from Coldsprings High School. was provided to representatives of the before December 23, 2004. Repatriation The human remains were acquired by Mescalero Apache Tribe of the of the human remains and associated the Texas Archeological Research Mescalero Reservation, New Mexico, funerary objects to the Mescalero Laboratory at an undocumented date. who claim affiliation and who have Apache Tribe of the Mescalero No known individuals were identified. requested specific handling and housing Reservation, New Mexico may proceed The 93 associated funerary objects are conditions for the remains. No other after that date if no additional claimants 34 lots of beads, 2 ceramic cups, 2 tribe was consulted due to the clarity of come forward. ceramic saucers, 1 ceramic plate, 1 lot information on affiliation. The Texas Archeological Research of glass bottle fragments, 1 glass goblet, In 1962, human remains representing Laboratory is responsible for notifying 2 glass tumblers, 3 hawk bell fragments, a minimum of 17 individuals were the Mescalero Apache Tribe of the 5 iron fragments, 1 lot of iron nail removed from beneath the floor of the Mescalero Reservation, New Mexico fragments, 1 lot of iron scissors San Lorenzo de la Santa Cruz Mission that this notice has been published. fragments, 4 pieces of petrified wood, 7 church (site 41 RE 1), Real County, TX, sherds, 8 silver conchos, 6 white glass by the Texas Memorial Museum, Dated: October 25, 2004 buttons, 1 metal bucket, 1 wood University of Texas and subsequently Sherry Hutt, fragment, 5 pieces of quartzite, 1 bone- transferred to the Texas Archeological Manager, National NAGPRA Program. handled knife, 1 domesticated pig Research Laboratory. No known [FR Doc. 04–25927 Filed 11–22–04; 8:45 am] canine, 1 lot of feathers, 1 glass individuals were identified. The 111 BILLING CODE 4312–50–S medicine bottle, 2 fragmented rings, 1 associated funerary objects are 3 lot of sherds and flakes, and 1 lot of crucifixes, 2 brass medallions, 93 glass glass beads. beads, 7 alabaster beads, 1 coral bead, 1 DEPARTMENT OF THE INTERIOR The Arthur Patterson site is a Native amber bead, 1 vial of Opuntia seeds, and American cemetery that appears to have a minimum of 3 linen fragments. National Park Service been in use from the 1840s to the 1870s The San Lorenzo de la Santa Cruz based on the artifacts found with the Mission was established specifically for Notice of Inventory Completion: Texas human remains. The Alabama and the Lipan Apache. The mission was Archeological Research Laboratory, Coushatta Indians were the only groups operated by the Franciscan missionaries The University of Texas at Austin, known historically in the area during of the Colegio de la Santa Cruz de Austin, TX that period. The nature of the site from Queretaro between 1762 and 1771 for AGENCY: National Park Service, Interior. which the human remains were the purpose of converting the Lipan ACTION: Notice. obtained, the mode of interment, and Apache to Christianity. The Lipan the kinds of associated funerary objects Apache band became members of the Notice is here given in accordance are consistent with the practices of the Mescalero Apache Tribe of the with the Native American Graves Alabama-Coushatta Tribes of Texas. Mescalero Reservation, New Mexico in Protection and Repatriation Act Officials of the Texas Archeological 1936 under provisions of the Indian (NAGPRA), 25 U.S.C. 3003, of the Research Laboratory have determined Reorganization Act. completion of an inventory of human that, pursuant to 25 U.S.C. 3001 (9–10), Officials of the Texas Archeological remains and associated funerary objects the human remains described above Research Laboratory have determined in the possession of the Texas represent the physical remains of four that, pursuant to 25 U.S.C. 3001 (9–10), Archeological Research Laboratory, The individuals of Native American the human remains described above University of Texas at Austin, Austin, ancestry. Officials of the Texas represent the physical remains of 17 TX. The human remains were removed Archeological Research Laboratory also individuals of Native American from a site in San Jacinto County, TX. have determined that, pursuant to 25
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U.S.C. 3001 (3)(A), the 93 objects Felipe, New Mexico; Pueblo of San Ildefonso, New Mexico; Pueblo of San described above are reasonably believed Ildefonso, New Mexico; Pueblo of San Juan, New Mexico; Pueblo of Sandia, to have been placed with or near Juan, New Mexico; Pueblo of Sandia, New Mexico; Pueblo of Santa Ana, New individual human remains at the time of New Mexico; Pueblo of Santa Ana, New Mexico; Pueblo of Santa Clara, New death or later as part of the death rite Mexico; Pueblo of Santa Clara, New Mexico; Pueblo of Santo Domingo, New or ceremony. Lastly, officials of the Mexico; Pueblo of Santo Domingo, New Mexico; Pueblo of Taos, New Mexico; Texas Archeological Research Mexico; Pueblo of Taos, New Mexico; Pueblo of Tesuque, New Mexico; Pueblo Laboratory have determined that, Pueblo of Tesuque, New Mexico; Pueblo of Zia, New Mexico; Salt River Pima- pursuant to 25 U.S.C. 3001 (2), there is of Zia, New Mexico; Ysleta del Sur Maricopa Indian Community of the Salt a relationship of shared group identity Pueblo of Texas; and Zuni Tribe of the River Reservation, Arizona; San Carlos that can be reasonably traced between Zuni Reservation, New Mexico. Apache Tribe of the San Carlos the Native American human remains The National Park Service publishes Reservation, Arizona; Southern Ute and associated funerary objects and the this notice on behalf of the museum as Indian Tribe of the Southern Ute Alabama-Coushatta Tribes of Texas. part of the National Park Service’s Reservation, Colorado; Tonto Apache Representatives of any other Indian administrative responsibilities under Tribe of Arizona; Ute Indian Tribe of the tribe that believes itself to be culturally NAGPRA. The museum is solely Uintah & Ouray Reservation, Utah; Ute affiliated with the human remains and responsible for information and Mountain Tribe of the Ute Mountain associated funerary objects should determinations stated in this notice. The Reservation, Colorado, New Mexico & contact Dr. Darrell Creel, Director, The National Park Service is not responsible Utah; White Mountain Apache Tribe of University of Texas at Austin, Texas for the museum’s determinations. the Fort Apache Reservation, Arizona; Archeological Research Laboratory, 1 Information about NAGPRA is Yavapai-Apache Nation of the Camp University Station R7500, Austin, TX available online at www.cr.nps.gov/ Verde Indian Reservation, Arizona; 78712–0714, telephone (512) 471–5960, nagpra. Ysleta del Sur Pueblo of Texas; and before December 23, 2004. Repatriation Zuni Tribe of the Zuni Reservation, New DATES: Repatriation of the cultural items of the human remains and associated Mexico. to the Indian tribes listed above in funerary objects to the Alabama- Information about cultural items. Summary may proceed after December Coushatta Tribes of Texas may proceed Prior to 1882, human remains 23, 2004, if no additional claimants after that date if no additional claimants representing a minimum of one come forward. Representatives of any come forward. individual were removed by Charles R. The Texas Archeological Research other Indian tribe that believes itself to Weise and Charles Mayer from an Laboratory is responsible for notifying be culturally affiliated with the cultural unidentified site near Aztec, San Juan the Alabama-Coushatta Tribes of Texas items should contact the museum before County, NM. The human remains that this notice has been published. December 23, 2004. (O.1727.1) and associated funerary SUPPLEMENTARY INFORMATION: object (O.499.1) were transferred to the Dated: October 25, 2004 Colorado Historical Society by Dr. D.S. Sherry Hutt, Authority. 25 U.S.C. 3001 et seq. and 43 CFR Part 10. Griffith in 1882. No known individual Manager, National NAGPRA Program. was identified. The one associated [FR Doc. 04–25928 Filed 11–22–04; 8:45 am] Contact.Contact Georgianna funerary object is a black-on-white BILLING CODE 4312–50–S Contiguglia, President/SHPO/CPO, ceramic bowl. Cranial morphology is Colorado Historical Society, 1300 consistent with physical features Broadway, Denver, CO 80203, telephone common to Ancient Puebloan DEPARTMENT OF THE INTERIOR (303) 866–3355, regarding populations. Cultural items associated determinations stated in this notice or to with the burials are diagnostic of National Park Service claim the cultural items described in Ancient Puebloan technological this notice. Notice of Inventory Completion: traditions. Ancient Puebloan occupation Consultation.The museum identified of San Juan County generally dates Colorado Historical Society, Denver, the cultural items and cultural CO between approximately 1000 B.C. and affiliation of the cultural items in A.D. 1300. AGENCY: National Park Service, Interior. consultation with representatives of the In 1887 or 1888, human remains ACTION: Notice. Apache Tribe of Oklahoma; Fort representing a minimum of one McDowell Mohave-Apache Indian individual were removed by Al SUMMARY: Pursuant to the Native Community of the Fort McDowell Wetherill and C.C. Mason from the Mesa American Graves Protection and Indian Reservation, Arizona; Fort Sill Verde area, Montezuma County, CO. Repatriation Act (NAGPRA), the Apache Tribe of Oklahoma; Gila River The individual was then sold by B.K. Colorado Historical Society determined Indian Community of the Gila River Wetherill to Mr. and Mrs. James A. that the physical remains of 361 Indian Reservation, Arizona; Hopi Tribe Chain, who later donated the individual individuals of Native American ancestry of Arizona; Hualapai Indian Tribe of the to the Colorado Historical Society in and 345 associated funerary objects in Hualapai Indian Reservation, Arizona; approximately 1893. The human the museum’s collections, described Jicarilla Apache Nation, New Mexico; remains were accessioned by the below in Information about cultural Navajo Nation, Arizona, New Mexico & Colorado Historical Society in 1921 items, are culturally affiliated with the Utah; Paiute Indian Tribe of Utah; (O.675.1). No known individual was Hopi Tribe of Arizona; Pueblo of Pueblo of Acoma, New Mexico; Pueblo identified. No associated funerary Acoma, New Mexico; Pueblo of Cochiti, of Cochiti, New Mexico; Pueblo of objects are present. While specific New Mexico; Pueblo of Isleta, New Isleta, New Mexico; Pueblo of Jemez, provenience for this individual is Mexico; Pueblo of Jemez, New Mexico; New Mexico; Pueblo of Laguna, New unknown, the Wetherills and Mason Pueblo of Laguna, New Mexico; Pueblo Mexico; Pueblo of Nambe, New Mexico; excavated numerous sites in the Mesa of Nambe, New Mexico; Pueblo of Pueblo of Picuris, New Mexico; Pueblo Verde region. Cranial morphology is Picuris, New Mexico; Pueblo of of Pojoaque, New Mexico; Pueblo of San consistent with physical features Pojoaque, New Mexico; Pueblo of San Felipe, New Mexico; Pueblo of San common to Ancient Puebloan
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populations. Ancient Puebloan Prior to 1892, human remains were sold to Charles McLoyd, who sold occupation of the Mesa Verde area representing a minimum of one the collection to the Colorado Historical generally dates from approximately individual were removed by either Society in 1890. Later excavations led 1000 B.C. to A.D. 1300. Arthur Wilmarth or Al and Richard by Arthur Wilmarth were funded by the In 1888, human remains representing Wetherill from a site in Johnson Colorado State Legislature and items a minimum of 15 individuals were Canyon, Montezuma County, CO. The from the excavations were displayed at removed by Richard Wetherill, Al human remains (O.678.1) were the Columbian Exposition at the Wetherill, and Charlie Mason from Cliff accessioned by the Colorado Historical Chicago World’s Fair in 1893. These House, also known as Cliff Palace (site Society in 1892. No known individuals items were transferred to the Colorado 5MV.625.1), Montezuma County, CO. were identified. No associated funerary Historical Society later the same year. The human remains (O.668.1, O.670.1, objects are present. Cranial morphology Cranial morphology is consistent with O.677.1, O.696.1, O.702.1, O.703.1, is consistent with physical features physical features common to Ancient O.707.1, O.710.1, O.711.1, O.712.1, common to Ancient Puebloan Puebloan populations. Ancient O.716.1, O.719.1, O.729.1, O.731.1, populations. Ancient Puebloan Puebloan occupation of the Mesa Verde O.734.1) and associated funerary objects occupation of the Mesa Verde area area generally dates from approximately (O.188.1, O.1741.2) were initially sold generally dates from approximately 1000 B.C. to A.D. 1300. to Charles McLoyd, who sold the 1000 B.C. to A.D. 1300. In 1892, human remains representing collection to the Colorado Historical Prior to 1892, human remains Society in 1890. No known individuals representing a minimum of one a minimum of 30 individuals were were identified. The two associated individual were removed by Richard removed by Arthur Wilmarth, D.W. funerary objects are black-on-white Wetherill, Al Wetherill, and Charlie Ayers, and Al and/or Richard Wetherill ceramic bowls. Cranial morphology is Mason from a site in ‘‘Navajo [Canyon]’’ from the Mesa Verde area, Montezuma consistent with physical features in the Mesa Verde area, Montezuma County, CO. The human remains common to Ancient Puebloan County, CO. The human remains (O.664.1, O.1738.1, O.1740.1, O.665.1, populations. Cultural items associated (O.685.1) were initially sold to Charles O.666.1, O.667.1, O.669.1, O.671.1, with the burials are diagnostic of McLoyd, who sold the collection to the O.681.1, O.687.1, O.689.1, O.691.1, Ancient Puebloan technological Colorado Historical Society in 1890. No O.692.1, O.693.1, O.694.1, O.717.1, traditions. Occupation of Cliff House known individuals were identified. No O.723.1, O.724.1, O.725.1, O.726.1, dates from approximately A.D. 1250 to associated funerary objects are present. O.727.1, O.728.1, O.730.1, 1280. Cranial morphology is consistent with O.733.1O.1742.1, O.1743.1, O.1744.1, physical features common to Ancient Prior to 1890, human remains O.1745.1, O.2247.1, O.2250.1) were Puebloan populations. Ancient representing a minimum of two accessioned by the Colorado Historical Puebloan occupation of the Mesa Verde individuals were removed by Richard Society between 1893 and 1921. No area generally dates from approximately known individuals were identified. The Wetherill, Al Wetherill, and Charlie 1000 B.C. to A.D. 1300. Mason from unidentified sites in the 26 associated funerary objects Prior to 1892, human remains (O.1738.1.a-d, O.1740.1.a, O.1742.1.a-c, Mesa Verde area, Montezuma County, representing a minimum of 22 CO. The human remains (O.701.1, O.214.1, O.293.1, O.383.1, O.1742.2, individuals were removed by either O.1742.3, O.428.1, O.1743.1.a-b, O.2249.1) were initially sold to Charles Arthur Wilmarth or Al and Richard McLoyd, who sold the collection to the O.1744.1.a-b, O.1745.1.a, O.1745.2, Wetherill from the Mesa Verde area in O.1745.3, O.1745.4, O.1745.5, O.1745.6, Colorado Historical Society in 1890. No Montezuma County, CO. The human O.1745.7, O.1745.8) are a sewn hide, known individuals were identified. No remains (O.680.1, O.683.1, O.690.1, five feather blankets, two fragments of associated funerary objects are present. O.713.1, O.715.1, O.720.1, O.721.1, cotton cloth, three scirpus mats, two Cranial morphology is consistent with O.722.1, O.1731.1, O.1733.2, O.1734.1, hide wraps, a grayware kiva jar, a black- physical features common to Ancient O.1735.1, O.1736.1, O.1741.1, O.735.1, Puebloan populations. Ancient O.673.1, O.674.1, O.676.1, O.2252.1, on-white bowl, a black-on-white jar, a Puebloan occupation of the Mesa Verde O.2267.1, O.6017.1, UHR.171) were grayware bowl, a grayware pitcher, a area dates from approximately 1000 B.C. accessioned by the Colorado Historical black-on-white mug, four grayware jars, to A.D. 1300. Society in 1892. The 12 associated and three hammerstones. Using funds Prior to 1890, human remains funerary objects (O.432.1, O.285.1, approved by the Colorado State representing a minimum of two O.1733.3, O.1733.2.a, O.1733.1, Legislature, Mr. Wilmarth developed an individuals were removed by Richard O.1729.1, O.1736.1.b, O.188.2, exhibit for the Columbian Exposition at Wetherill, Al Wetherill and/or Charlie O.1741.1.b, O.7405.5A& B, O.935.1) are the Chicago World’s Fair in 1893 and Mason from the Mesa Verde area, a black-on-white ceramic mug, two transferred the artifacts to the Colorado Montezuma County, CO. The Wetherills black-on-white ceramic bowls, a black- Historical Society in 1893 after the fair. excavated numerous sites in the Mesa on-white ceramic pitcher, a cotton shirt, While specific provenience for these Verde area, the material from which a buckskin shirt, a feather blanket, and individuals is unknown, Mr. Wilmarth, they sold to Charles McLoyd, who in three single sandals. The original Al and Richard Wetherill, and D.W. turn sold the collection to the Colorado provenience within the Mesa Verde Ayers excavated Tower House, Balcony Historical Society in 1890 (O.695.1, region from which these human remains House, Cliff Palace, Mug House, O.672.1). No known individuals were were removed is unknown. Arthur Mummy House, Step House, and Spruce identified. No associated funerary Wilmarth, Al and Richard Wetherill and Tree House to assemble the collection. objects are present. Cranial morphology D.W. Ayers excavated numerous sites in Cranial morphology is consistent with is consistent with physical features the Mesa Verde area (including Tower physical features common to Ancient common to Ancient Puebloan House, Balcony House, Cliff Palace, Puebloan populations. Cultural items populations. Ancient Puebloan Mug House, Mummy House, Step associated with the burials are occupation of the Mesa Verde area House, and Spruce Tree House) at diagnostic of Ancient Puebloan generally dates from approximately different times. Items recovered from technological traditions. Ancient 1000 B.C. to A.D. 1300. earlier excavations led by the Wetherills Puebloan occupation of the Mesa Verde
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area generally dates from approximately In the early 1900s, human remains unknown individual from an unknown 1000 B.C. to A.D. 1300. representing a minimum of one location. The human remains (O.688.1) Prior to 1893, human remains individual were removed by the family were accessioned by the Colorado representing a minimum of 10 of Mrs. Margery Stanley from an Historical Society in 1912. No known individuals were removed by either unknown location in Arizona. The individual was identified. No associated Arthur Wilmarth or Al and Richard human remains (OAHP Case Number funerary objects are present. Cranial Wetherill from Cliff House (site 211) were transferred by the Denver morphology is consistent with physical 5MV.625.1) in Johnson Canyon, Office of the Medical Examiner to the features common to Ancient Puebloan Montezuma County, CO. The human Colorado Office of Archaeology and populations. Ancient Puebloan remains (O.679.1. O.697.1, O.704.1, Historic Preservation (OAHP, part of the occupation of the southwestern United O.705.1, O.706.1, O.708.1, O.709.1, Colorado Historical Society) in 2003. No States generally dates from O.718.1, O.720.1, O.732.1) were known individual was identified. No approximately 1000 B.C. to A.D. 1300. accessioned by the Colorado Historical associated funerary objects are present. Society in 1893. No known individuals Cranial morphology is consistent with In 1928 and 1929, human remains were identified. No associated funerary physical features common to Ancient representing a minimum of five objects are present. Mr. Wilmarth, Al Puebloan populations. Ancient individuals were removed by Paul and Richard Wetherill, and D.W. Ayers Puebloan sites in the southwestern Martin from Little Dog Ruin (site excavated Cliff House at different times. United States generally date between 5MT13403), Montezuma County, CO. Items recovered from earlier excavations approximately 1000 B.C. and A.D. 1300. The human remains (O.2233.1, led by the Wetherills were sold to In 1904, human remains representing O.2234.1, O.2235.1, O.2236.1, O.2239.1) Charles McLoyd, who sold the a minimum of one individual were were accessioned by the Colorado collection to the Colorado Historical removed by an unknown individual Historical Society in 1929. No known Society in 1890. Later excavations led from an unidentified cliff dwelling near individual was identified. The three by Arthur Wilmarth were funded by the Mancos, Montezuma County, CO. The associated funerary objects (O.2159.1, Colorado State Legislature and items human remains (O.7337.1) were O.2233.B, O.2233.C) are a black-on- from the excavations were displayed at accessioned by the Colorado Historical white bowl, a basket fragment, and a the Columbian Exposition at the Society in the 1960s. No known pine needle brush. Cranial morphology Chicago World’s Fair in 1893. These individual was identified. No associated is consistent with physical features funerary objects are present. Occupation items were transferred to the Colorado common to Ancient Puebloan of Ancient Puebloan cliff dwellings in Historical Society later that same year. populations. The cultural items the Mancos area generally date from Cranial morphology is consistent with associated with the burials are 1000 B.C. to A.D. 1300. diagnostic of Ancient Puebloan physical features common to Ancient In 1905, human remains representing technological traditions. Occupation of Puebloan populations. Cultural items a minimum of two individuals were associated with the burials are removed by Cecil A. Deane from an Little Dog Ruin dates to the Pueblo III diagnostic of Ancient Puebloan Ancient Puebloan architectural site in period, from approximately A.D. 1140 to technological traditions. Occupation of northwestern New Mexico. Mr. Deane 1300. Cliff House dates to the Pueblo III sold the human remains (O.684.1, In 1928, human remains representing period, from approximately A.D. 1250 to O.698.1) to the Colorado Historical a minimum of two individuals were 1280. Society in 1905. No known individuals removed by Paul Martin from the Prior to 1893, human remains were identified. No associated funerary Herren site (5MT2516), Montezuma representing a minimum of four objects are present. Cranial morphology County, CO. The human remains individuals were removed by either is consistent with physical features (O.2237.1, O.2238.1) were accessioned Arthur Wilmarth or Al and Richard common to Ancient Puebloan by the Colorado Historical Society in Wetherill from Mummy House populations. Ancient Puebloan 1928. No known individuals were (5MV524), Montezuma County, CO. It is occupation of northwestern New identified. No associated funerary likely that these individuals were Mexico generally dates from objects are present. Cranial morphology removed during excavations funded by approximately 1000 B.C. to A.D. 1300. is consistent with physical the Colorado State Legislature and led In 1908, human remains representing characteristics common to Ancient by Wilmarth, along with the Wetherill a minimum of one individual were Puebloan populations. Occupation of brothers and D.W. Ayers, to develop an removed by a collaborative team from the Herren site dates to the Pueblo II exhibit for the Columbian Exposition at the Colorado Historical Society, period, from approximately A.D. 1150 to the Chicago World’s Fair in 1893 and University of Colorado, and 1250. the individuals were transferred to the Archaeological Institute of America Colorado Historical Society that same from Cannonball Ruins (site 5MT338), In 1928, human remains representing year. (O.714.1, O.1732.1, O.1737.1 [1– Montezuma County, CO. The human a minimum of one individual were 2]). The six associated funerary objects remains (O.6016.1) were transferred to removed by Paul Martin from the (O.4903.1.a-f) are a feather blanket, the Colorado Historical Society by Carl Charnel House Tower, Montezuma cotton cloth, a piece of cotton twine, a E. Guthe in 1931. No known individual County, CO. The human remains hide, and two wooden objects. Cranial was identified. No associated funerary (O.2239.1) were accessioned by the morphology is consistent with physical objects are present. Cranial morphology Colorado Historical Society in 1928. No features common to Ancient Puebloan is consistent with physical features known individual was identified. No populations. Cultural items associated common to Ancient Puebloan associated funerary objects are present. with the burials are diagnostic of populations. Occupation of Cannonball Cranial morphology is consistent with Ancient Puebloan technological Ruins dates to the Pueblo II/III period, physical characteristics common to traditions. Ancient Puebloan occupation from approximately A.D. 1250 to 1280. Ancient Puebloan populations. of the Mesa Verde area generally dates Prior to 1912, human remains Occupation of Charnel House Tower from approximately 1000 B.C. to A.D. representing a minimum of one dates to the Pueblo II period, from 1300. individual were removed by an approximately A.D. 1175 to 1225.
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Prior to 1930, human remains associated funerary objects are present. associated with the burials is diagnostic representing a minimum of two Cranial morphology is consistent with of Ancient Puebloan technological individuals were removed by the physical features common to Ancient traditions. Ancient Puebloan occupation Colorado Historical Society from an Puebloan populations. Ancient of the southwestern Unites States unidentified site in Pagosa/Piedra Puebloan occupation of Montezuma generally dates from approximately region, Archuleta County, CO. The County generally dates from 1000 B.C. to A.D. 1300. human remains (O.2243.1, O.2260.1) approximately 1000 B.C. to A.D. 1300. In the 1940s and 1950s, human were accessioned by the Colorado In 1935, human remains representing remains representing a minimum of Historical Society in 1930. No known a minimum of six individuals were three individuals were removed by individuals were identified. No removed by Harold Westesen from an unknown persons from unidentified associated funerary objects are present. unknown location on Dove Creek, sites near Cortez, Montezuma County, Cranial morphology is consistent with Dolores County, CO. Mr. Westesen CO. The human remains (OAHP Case physical features common to Ancient donated the human remains (O.7359.1, Number 170) were sent to the Colorado Puebloan populations. Ancient O.7360.1.A, O.7360.2, O.7360.3, Office of Archaeology and Historic Puebloan occupation of the Pagosa/ O.7360.4.A, O.7360.4.B) to the Montrose Preservation in 1999. No known Piedra region generally dates from Chamber of Commerce, who transferred individuals were identified. No approximately 1000 B.C. to A.D. 1300. them to the Colorado Historical Society associated funerary objects are present. Prior to 1930, human remains in 1956. No known individuals were Cranial morphology is consistent with representing a minimum of one identified. The one associated funerary physical features common to Ancient individual were removed by Frank object (O.7359.19) is a black-on-white Puebloan populations. Ancient Hoder from site 5MT13290, Montezuma ceramic sherd. Cranial morphology is Puebloan sites in Montezuma County County, CO. Mr. Hoder willed the consistent with physical features generally date between approximately human remains to Red Morey, who common to Ancient Puebloan 1000 B.C. and A.D. 1300. transferred them to the custody of the populations. The cultural item Prior to 1961, human remains U.S. Department of the Interior, Bureau associated with the burials is diagnostic representing a minimum of one of Land Management, Anasazi Heritage of Ancient Puebloan technological individual were removed by William Center in 1992. The Bureau of Land traditions. Ancient Puebloan occupation Allen from an unidentified site near Management transferred the human of the Dove Creek area generally dates Durango, La Plata County, CO. The remains to the Colorado Office of from approximately 1000 B.C. to A.D. human remains (OAHP Case Number Archaeology and Historic Preservation 1300. 177) were transferred to the control of in 1992 (OAHP Case Number 72). No In 1940, human remains representing the Colorado Office of Archaeology and known individual was identified. No a minimum of one individual were Historic Preservation in 2000. No associated funerary objects are present. removed by a rancher from an known individual was identified. No Cranial morphology is consistent with unidentified location in the Shavanno associated funerary objects are present. physical features common to Ancient Valley, Montrose County, CO. The Cranial morphology is consistent with Puebloan populations. Ancient human remains (O.7450.1) were physical features common to Ancient Puebloan occupation of the Mesa Verde donated to the Colorado Historical Puebloan populations. Ancient area generally dates from approximately Society by Mr. R.J. Yarberry and Mr. Puebloan occupation of southwestern 1000 B.C. to A.D. 1300. Frank Hovery in 1964. No known United States generally dates from Prior to 1930, human remains individuals were identified. No approximately 1000 B.C. to A.D. 1300. representing a minimum of three associated funerary objects are present. Prior to 1963, human remains individuals were removed by Jean A. Cranial morphology is consistent with representing a minimum of one Jeancon and Frank H.H. Roberts from physical features common to Ancient individual were removed from an unidentified sites on Stollsteimer Mesa, Puebloan populations. Ancient unknown location. The human remains Archuleta County, CO. The human Puebloan occupation of the Montrose (O.7402.1) were accessioned by the remains (O.2240.1, O.2241.1, O.2242.1) County generally dates from Colorado Historical Society in 1963. No were accessioned by the Colorado approximately 1000 B.C. to A.D. 1300. known individual was identified. No Historical Society in 1930. No known Prior to 1944, human remains associated funerary objects are present. individuals were identified. One representing a minimum of 134 Cranial morphology is consistent with associated funerary object (O.7359.19) is individuals were removed by physical features common to Ancient a black-on-white ceramic sherd. Cranial avocational collector James Mellinger Puebloan populations. Ancient morphology is consistent with physical from unspecified sites in Colorado, New Puebloan occupation of southwestern features common to Ancient Puebloan Mexico, Arizona, or Utah. Mr. Mellinger United States generally dates from populations. The cultural item donated the human remains to the approximately 1000 B.C. to A.D. 1300. associated with the burials is diagnostic Colorado Historical Society between In approximately 1965, human of Ancient Puebloan technological 1944 and 1951 (CHS accession numbers remains representing a minimum of one traditions. Ancient Puebloan occupation 78.98.1, 3–10, 13–17, 19, 21–22, 24–35, individual were removed by an of Stollsteimer Mesa generally dates 38–39, 42–45, 48–51, 53–70, 72–80, 82– unknown individual from an unknown from approximately 1000 B.C. to A.D. 96, 98–100; 78.99.2–49; JS.2; O.1728.1). location in Montezuma County, CO. The 1300. No known individuals were identified. human remains (OAHP Case Number In approximately 1930, human The one associated funerary object 210) were later transferred to a student, remains representing a minimum of one (O.1728.3) is a woven mat. Mr. who transferred them to Pueblo individual were removed from an Mellinger is known to have collected Community College, who transferred unidentified site in Montezuma County, primarily in the Four Corners region of them to the Colorado Office of CO. The human remains (OAHP Case the southwestern United States. The Archaeology and Historic Preservation Number 64) were acquired by Joyce morphology of the human remains is in 2003. No known individual was Barnett, who donated them to the consistent with physical features identified. No associated funerary Colorado Historical Society in 1992. No common to Ancient Puebloan objects are present. Cranial morphology known individuals were identified. No populations. The cultural item is consistent with physical features
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common to Ancient Puebloan Historical Society conducted by James populations. Occupation of site populations. Ancient Puebloan sites in Hummert. The human remains (UHR.3, 5MT9105 dates to the Basketmaker III Montezuma County generally date 5, 56, 57, 104, 157, 175, 176, 183, period, from approximately A.D. 500 to between approximately 1000 B.C. to O.663.1) were accessioned by the 750. A.D. 1300. Colorado Historical Society in 1981. No In 1991, human remains representing In 1970, human remains representing known individuals were identified. No a minimum of two individuals were a minimum of one individual were associated funerary objects are present. removed by vandals from Bob Hampton removed by an unknown person from Cranial morphology is consistent with Ruin (site 5DL859), Dolores County, CO. Dolores County, CO. Robert A. Marra physical features common to Ancient The human remains (OAHP Case sent the human remains to the Office of Puebloan populations. Ancient Number 32) were transferred by the Archaeology and Historic Preservation Puebloan occupation of southwestern Dolores County Sheriff to the Colorado (part of the Colorado Historical Society) United States generally dates from Office of Archaeology and Historic in 1992 (OAHP Case Number 74). No approximately 1000 B.C. to A.D. 1300. Preservation in 1992. No known known individual was identified. The Prior to 1990, human remains individuals were identified. No 78 associated funerary objects are 41 representing a minimum of one associated funerary objects are present. pottery sherds, 1 daub fragment, 30 individual were removed by an Cranial morphology is consistent with chipped stone items, 1 shaped unknown person from site Montezuma physical features common to Ancient sandstone fragment (possibly a pot lid), County, CO. Peggy Bullard initially gave Puebloan populations. Occupation of and 5 fossilized bivalve shells. Pottery the human remains to the U.S. site 5DL859 dates to the Pueblo I-III types include Mesa Verde, San Juan, Department of the Interior, Bureau of periods from approximately A.D. 750 to and Kayenta whitewares; La Plata black- Land Management, Anasazi Heritage 1300. on-red, La Plata whitewares, La Plata Center, which subsequently transferred In 1991, human remains representing black-on-red, and Mesa Verde them to the Colorado Office of a minimum of two individuals were graywares. Cranial morphology is Archaeology and Historic Preservation removed by OAHP staff from site consistent with physical features in 1991 (OAHP Case Number 33). No 5LP2740, La Plata County, CO. The common to Ancient Puebloan known individual was identified. No removal was done pursuant to a state populations. The associated funerary associated funerary objects are present. permit (OAHP Case Number 36). No objects are diagnostic of Ancient Cranial morphology is consistent with known individuals were identified. The Puebloan technology. Ancient Puebloan physical features common to Ancient 21 associated funerary objects are 17 occupation of Dolores County generally Puebloan populations. The remains are lithic flakes and 4 plain grayware dates from approximately 1000 B.C to estimated to date to the Pueblo I-III sherds. Cranial morphology is A.D. 1300. periods, from approximately A.D. 750 to consistent with physical features In 1977, human remains representing 1300. common to Ancient Puebloan a minimum of two individuals were Prior to 1990, human remains human populations. The associated funerary removed by the University of Colorado remains representing a minimum of one objects are diagnostic of Ancient from the Tamarron site (5LP326), La individual were removed by J. Dean Puebloan technology. Occupation of site Plata County, CO. The removal was Larson from Hartman Draw, Montezuma 5LP2740 dates to the Basketmaker II/III done pursuant to a state permit. The County, CO. The human remains (OAHP and Pueblo I-III periods, from University of Colorado, Boulder Case Number 76) were transferred to the approximately 1000 B.C. to A.D. 1300. transferred the individuals to OAHP in U.S. Department of the Interior, Bureau In 1991, human remains representing 1991 (OAHP Case Numbers 59 and 60). of Land Management, Anasazi Heritage a minimum of two individuals were No known individuals were identified. Center in 1990, and were later removed by Complete Archaeological No associated funerary objects are transferred to the Colorado Office of Service’s Associated from site present. Cranial morphology is Archaeology and Historic Preservation 5MT10963, Montezuma County, CO. consistent with physical features in 1993. No known individual was The human remains (OAHP Case common to Ancient Puebloan identified. No associated funerary Number 37) were transferred to the populations. Occupation of the Pueblo I objects are present. Cranial morphology Colorado Office of Archaeology and component of the Tamarron Site is consistent with physical features Historic Preservation in 1993. The generally dates from approximately A.D. common to Ancient Puebloan removal was done pursuant to a state 750 to 900. populations. Sites in this locality date permit. No known individuals were Prior to 1980, human remains from approximately A.D. 400 to 1300. identified. No associated funerary representing a minimum of two In 1991, human remains representing objects are present. Cranial morphology individuals were removed by unknown a minimum of one individual were is consistent with physical features persons from unknown sites near removed by Complete Archaeological common to Ancient Puebloan Cortez, Montezuma County, CO. The Service’s Associates from site 5MT9105, populations. Occupation of site human remains (OAHP Case Number Montezuma County, CO. The human 5LP2740 dates to the Basketmaker III 165) were given to the Cortez Public remains (OAHP Case Number 28) were period, from approximately A.D. 500 to Library, which sent them to the initially transferred to the U.S. 750. Colorado Office of Archaeology and Department of Interior, Bureau of Prior to 1992, human remains Historic Preservation in 1999. Cranial Reclamation, which subsequently representing a minimum of one morphology is consistent with physical transferred them to the Colorado Office individual were removed by the Gullatt features common to Ancient Puebloan of Archaeology and Historic family from an unknown location in the populations. Ancient Puebloan sites Preservation in 1993. At the time of Four Corners region of the southwestern around Cortez generally date between removal, site 5MT9105 was located on United States. The human remains approximately A.D. 400 and 1300. private land. No known individual was (OAHP Case Number 77) were Prior to 1981, human remains identified. No associated funerary transferred to the U.S. Department of the representing a minimum of 10 objects are present. Cranial morphology Interior, Bureau of Land Management, individuals were identified during a is consistent with physical features Anasazi Heritage Center in 1992 and collections inventory at the Colorado common to Ancient Puebloan were later transferred to the Colorado
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Office of Archaeology and Historic site in southwestern Colorado. The of removal, site 5MT3873 was located Preservation 1993. No known individual human remains (OAHP Case Number on private land. No known individual was identified. No associated funerary 91) were donated to the La Puente was identified. No associated funerary objects are present. Cranial morphology Valley Historical Society in California, objects are present. Cranial morphology is consistent with physical features who sent the human remains to the is consistent with physical features common to Ancient Puebloan Colorado Office of Archaeology and common to Ancient Puebloan populations. Ancient Puebloan Historic Preservation in 1993. No populations. Occupation of the Ladle occupation of southwestern United known individual was identified. No House site dates to the Pueblo II period, States generally dates from associated funerary objects are present. from approximately A.D. 900 to 1150. approximately 1000 B.C. to A.D. 1300. Cranial morphology is consistent with In 1995, human remains representing In 1992, human remains representing physical features common to Ancient a minimum of two individuals were a minimum of one individual were Puebloan populations. Ancient removed by Fort Lewis College from site removed by Rice Reavis from site Puebloan sites in southwestern 5LP4553, La Plata County, CO. The 5AA2011, Archuleta County, CO. The Colorado generally date from human remains (OAHP Case Number human remains (OAHP Case Number approximately 1000 B.C. to A.D. 1300. 110) were transferred to the Colorado 65) were examined by staff at San Juan In 1993, human remains representing Office of Archaeology and Historic College and were transferred to the a minimum of six individuals were Preservation in 1995. The removal was Colorado Office of Archaeology and removed by Southwest Cultural done pursuant to a state permit. No Historic Preservation in 1992. At the Associates from sites 5MT5168, known individual was identified. The time of removal, site 5AA2011 was 5MT9343, 5MT11861, and 5MT7522, 26 associated funerary objects are one located on private land. No known Montezuma County, CO. The human stone, one piece of unworked hematite, individual was identified. No associated remains (OAHP Case Number 88) were one obsidian biface, seven Olivella sp. funerary objects are present. Cranial transferred to Janice Smith Olson, who beads, two bone awls, two shell morphology is consistent with physical later transferred them to the Colorado pendants, one biface, and 11 antler or features common to Ancient Puebloan Office of Archaeology and Historic bone gaming pieces. Cranial populations. Occupation of site Preservation in 1993. The removal was morphology is consistent with physical 5AA2011 dates to the Pueblo I period, done pursuant to a state permit. No features common to Ancient Puebloan from approximately A.D. 750 to 900. known individuals were identified. No populations. Cultural items associated In 1992, the Denver Coroner associated funerary objects are present. with the burials are diagnostic of transferred human remains representing Cranial morphology is consistent with Ancient Puebloan technological a minimum of one individual to the physical features common to Ancient traditions. Occupation of site 5LP4553 Denver Museum of Natural History, Puebloan populations. Occupation of dates to the Basketmaker III period, from which in turn transferred them to the sites 5MT9168, MT11861, and 5MT9343 approximately A.D. 500 to 750. Colorado Office of Archaeology and dates to the Basketmaker III period, from In 1995, human remains representing Historic Preservation the same year approximately A.D. 500 to 750. (OAHP Case Number 67). No known Occupation of 5MT7522 dates from the a minimum of three individuals were individual was identified. The 19 Basketmaker III to the Pueblo II periods, removed by Fort Lewis College from site associated funerary objects are pottery from approximately A.D. 500 to 1100. 5LP117, La Plata County, CO. The sherds. Pottery types are Mancos In 1994, human remains representing human remains were transferred to the graywares, Cortez and Mancos a minimum of six individuals were Colorado Office of Archaeology and whitewares and plainwares. Cranial removed by Woods Canyon Historic Preservation in 1995 (OAHP morphology is consistent with physical Archaeological Consultants from the Case Number 112). The removal was features common to Ancient Puebloan Seed Jar site (5MT3892), Montezuma done pursuant to a state permit. No populations. The associated funerary County, CO. The human remains (OAHP known individual was identified. The objects are diagnostic of Ancient Case Number 94) were transferred to the 16 associated funerary objects are 12 Puebloan technology dating to the Colorado Office of Archaeology and grayware ceramic sherds, one black-on- Pueblo I/II period, from approximately Historic Preservation in 1996. The white sherd, one Fugitive Redware A.D. 750 to 1150. removal was done pursuant to a state black-on-white sherd, one Fugitive Prior to 1993, human remains permit. At the time of removal, site Redware ceramic sherd, and one tubular representing a minimum of one 5MT3892 was located on private land. bone bead. Cranial morphology is individual were removed by an No known individuals were identified. consistent with physical features unknown individual from site No associated funerary objects are common to Ancient Puebloan 5MT13292, Montezuma County, CO. present. Cranial morphology is populations. Cultural items associated The human remains (OAHP Case consistent with physical features with the burials are diagnostic of Number 78) were transferred to Janice common to Ancient Puebloan Ancient Puebloan technological Smith Olson, who later transferred them populations. Occupation of the Seed Jar traditions. Occupation of site 5LP117 to the Colorado Office of Archaeology site dates to the Pueblo III period, from dates to the Basketmaker II /III, from and Historic Preservation in 1993. No approximately A.D. 1150 to 1300. approximately 1000 B.C. to A.D. 750. known individual was identified. No In 1995, human remains representing In 1997, human remains representing associated funerary objects are present. a minimum of two individuals were a minimum of one individual were Cranial morphology is consistent with removed by Woods Canyon removed by Centennial Archaeology physical features common to Ancient Archaeological Consultants from the from site 5LP678, La Plata County, CO. Puebloan populations. Occupation of Ladle House site (5MT3873), The human remains were transferred to site 5MT13292 dates from Montezuma County, CO. The human the Colorado Office of Archaeology and approximately A.D. 400 to 1300. remains (OAHP Case Number 117) were Historic Preservation in 2001 (OAHP Prior to 1993, human remains transferred to the Colorado Office of Case Number 188). No known representing a minimum of one Archaeology and Historic Preservation individual was identified. No associated individual were removed by an in 1995. The removal was done funerary objects are present. Occupation unknown individual from an unknown pursuant to a state permit. At the time of site 5LP678 dates to the Basketmaker
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III and Pueblo I periods, from Historic Preservation in 1999. The generally date from approximately A.D. approximately A.D. 400 to 1100. removal was done pursuant to a state 400 to 1300. In 1997, human remains representing permit. No known individual was a minimum of one individual were identified. The one associated funerary In 1999, human remains representing removed by Alpine Archaeological object is a grayware sherd. Cranial a minimum of one individual were Consultants from site 5LP695, La Plata morphology is consistent with physical removed by Woods Canyon County, CO. The human remains were features common to Ancient Puebloan Archaeological Consultants from site transferred to the Colorado Office of populations. The cultural item 5LP379, La Plata County, CO. Archaeology and Historic Preservation associated with the burials is diagnostic Excavations of site 5LP379 were in 2001 (OAHP Case Number 189). No of Ancient Puebloan technological conducted pursuant to a state permit. known individual was identified. No traditions. Occupation of site 5LP425 The human remains (OAHP Case associated funerary objects are present. dates from approximately 1000 B.C. to Number 160) were transferred to the Occupation of site 5LP695 dates to the A.D. 750. Colorado Office of Archaeology and Basketmaker II and Pueblo I/II periods, In 1998, human remains representing Historic Preservation in 2002. No from approximately A.D. 100 to 1100. a minimum of one individual were known individual was identified. No In 1997, human remains representing removed by the Montezuma County associated funerary objects are present. a minimum of one individual were Sheriff’s Department from site Cranial morphology is consistent with removed by Alpine Archaeological 5MT13240, Montezuma County, CO. physical features common to Ancient Consultants from site 5LP696, La Plata The human remains (OAHP Case Puebloan populations. Occupation of County, CO. The human remains (OAHP Number 140) were transferred to the site 5LP379 dates to the Pueblo I period, Case Number 190) were transferred to Colorado Office of Archaeology and from approximately A.D. 750 to 900. In 1999, human remains representing the Colorado Office of Archaeology and Historic Preservation in 1998. No a minimum of five individuals were Historic Preservation in 2001. No known individual was identified. No removed by Complete Archaeological known individual was identified. No associated funerary objects are present. Service’s from Stix and Leaves Pueblo associated funerary objects are present. Cranial morphology is consistent with Cranial morphology is consistent with (site 5MT11555), Montezuma County, physical features common to Ancient physical features common to Ancient CO. The human remains (OAHP Case Puebloan populations. Occupation of Puebloan populations. Occupation of Number 161) were transferred to the site 5MT13240 dates from site 5LP696 dates from approximately Colorado Office of Archaeology and approximately A.D. 750 to 1300. 1000 B.C. to A.D. 1300 Historic Preservation in 2002. In 1998, human remains representing In 1998, human remains representing Excavations at Stix and Leaves Pueblo a minimum of one individual were a minimum of one individual were were conducted pursuant to a state removed by Alpine Archeological removed by Ed Daniels from site permit. At the time of removal, site Consultants from site 5LP5084, La Plata 5MT13241, Montezuma County, CO. 5MT11555 was located on private land. County, CO. The human remains (OAHP The human remains (OAHP Case No known individuals were identified. Case Number 158) were transferred to Number 141) were transferred to the No associated funerary objects are the Colorado Office of Archaeology and Colorado Office of Archaeology and present. Cranial morphology is Historic Preservation in 2001. No Historic Preservation in 1998. At the consistent with physical features known individual was identified. No time of removal, site 5MT13241 was common to Ancient Puebloan associated funerary objects are present. located on private land. No known populations. Occupation of Stix and Cranial morphology is consistent with individuals were identified. No Leaves Pueblo dates to the Pueblo I-II physical features common to Ancient associated funerary objects are present. periods, from approximately A.D. 750 to Puebloan populations. Occupation of Cranial morphology is consistent with 1300. site 5LP5084 dates to the Basketmaker physical features common to Ancient Between 1999 and 2002, human III and Pueblo I periods, from Puebloan populations. Occupation of remains representing a minimum of 28 approximately A.D 400 to A.D. 1100. site 5MT13241 dates to the Pueblo II/II individuals were removed by staff from In 1998, human remains representing period, from approximately A.D. 900 to Fort Lewis College from the Dark Mold a minimum of one individual were 1300. site (5LP4991), La Plata County, CO. removed by Alpine Archaeological In 1998, human remains representing Excavations at the Dark Mold site were Consultants from site 5LP2820, La Plata a minimum of five individuals were conducted pursuant to a state permit. At County, CO. The human remains (OAHP found by Lyle Dennison in the trunk of the time of removal, site 5LP4991 was Case Number 159) were transferred to an abandoned vehicle in Montezuma located on private land. The human the Colorado Office of Archaeology and County, CO. The human remains (OAHP remains and associated funerary objects Historic Preservation in 2001. No Case Number 142) were reported to the (OAHP Case Number 156) were known individual was identified. No Montezuma County Coroner’s Office, transferred to the Colorado Office of associated funerary objects are present. who transferred the human remains to Archaeology and Historic Preservation Cranial morphology is consistent with the Colorado Office of Archaeology and in 2002. No known individuals were physical features common to Ancient Historic Preservation the same year. No identified. The 113 associated funerary Puebloan populations. Occupation of known individuals were identified. The objects are 84 Olivella beads, four site 5LP2820 dates to the Basketmaker 14 associated funerary objects are seven Haliotis pendants, one chlorite schist III period, from approximately A.D. 500 lithic flakes, four animal bone fragments pipe, one chlorite schist pendant, one to 750. and three ceramic sherds. Cranial bone bead, four bone awls, one mano, In 1998, human remains representing morphology is consistent with physical one biface, one bone tool, one bone a minimum of three individuals were features common to Ancient Puebloan bead, one utilized flake, one lithic core, removed by La Plata Archaeological populations. The cultural items one lithic tool, one lithic serrated tool, Consultants from site 5LP425, La Plata associated with the burials are two manos, one lithic core, one lithic County, CO. The human remains (OAHP diagnostic of Ancient Puebloan copper, one groundstone, one shell, one Case Number 139) were transferred to technological traditions. Ancient notched animal rib, and three stone the Colorado Office of Archaeology and Puebloan sites in Montezuma County beads. Cranial morphology is consistent
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with physical features common to Archaeology and Historic Preservation archeological, ethnographic, historic, Ancient Puebloan populations. Cultural in 1999. No known individual was anthropological and linguistic literature, items associated with the burials are identified. No associated funerary and artifact analysis. Similarities in site diagnostic of Ancient Puebloan objects are present. Cranial morphology architecture and material culture technological traditions. Occupation of is consistent with physical features associated with the human remains are the Dark Mold dates to the Basketmaker common to Ancient Puebloan consistent with Ancient Puebloan II period, from 1000 B.C. to A.D. 500. populations. Ancient Puebloan sites in occupation of the southwestern United Prior to 2000, human remains the southwestern United States States from the Basketmaker I period representing a minimum of one generally date between approximately through the Pueblo III period (between individual were removed by staff from 1000 B.C. and A.D. 1300. approximately 1000 B.C. and A.D. the University of Colorado from an On an unknown date, human remains 1300). The archeological literature refers unspecified site in southwestern representing a minimum of two to this widespread cultural tradition as Colorado. The human remains (OAHP individuals were removed by an ‘‘Anasazi,’’ ‘‘Ancestral Puebloan,’’ or Case Number 176) were transferred to unknown individual from an unknown ‘‘Ancient Puebloan.’’ Cranial the Colorado Office of Archaeology and site in Montezuma County, CO. The modification is common to many Historic Preservation in 2000. No human remains (OAHP Case Number Ancient Puebloan remains and is known individual was identified. No 115) were received by the Colorado believed to reflect their widespread use associated funerary objects are present. Office of Archaeology and Historic of cradleboards to carry infants. Ancient Cranial morphology is consistent with Preservation in 1996. An anonymous Puebloan ceramic typologies help to physical features common to Ancient note accompanying the human remains identify chronological and geographical Puebloan populations. Ancient states that the human remains came technological traditions. After Puebloan sites in southwestern from Cow Canyon in Montezuma approximately A.D. 1300, climatic Colorado generally date between County, CO. No known individual was changes evidently caused pueblo approximately A.D. 400 and 1300. identified. No associated funerary populations to leave the Four Corners In 2000, human remains representing objects are present. Cranial morphology region and resettle in Pueblos along the a minimum of one individual were is consistent with physical features Rio Grande and in the Pueblos of removed by staff from Fort Lewis common to Ancient Puebloan Acoma, Zuni, and Hopi. Extant oral College from site 5LP5980, La Plata populations. Ancient Puebloan sites in traditions corroborate dynamic County, CO. The human remains (OAHP Montezuma County generally date population movements within the Case Number 183) were transferred to between approximately A.D. 400 and region during this time. the Colorado Office of Archaeology and 1300. Historic Preservation in 2002. On an unknown date, human remains Determinations.Under 25 U.S.C. 3003, Excavations at site 5LP5980 were representing a minimum of one museum officials have determined that conducted pursuant to a state permit. At individual were removed by an the human remains represent the the time of removal, site 5LP5980 was unknown person from a site in Dolores physical remains of 361 individuals of located on private land. No known County, CO. Bill Wagner of Dolores, CO, Native American ancestry. Museum individual was identified. The three gave the human remains to Mrs. Odom, officials determined that the 345 associated funerary objects are two who subsequently transferred them to cultural items are reasonably believed to small gray ceramic pots and one deer the U.S. Department of the Interior, have been placed with or near scapula hoe. Cranial morphology is Bureau of Land Management, Anasazi individual human remains at the time of consistent with physical features Heritage Center. The Anasazi Heritage death or later as part of the death rite common to Ancient Puebloan Center transferred the human remains to or ceremony. Museum officials populations. Occupation of site the Colorado Office of Archaeology and determined that the human remains and 5LP5980 dates to the Basketmaker II/III Historic Preservation in 1991 (OAHP associated funerary objects are period from approximately 1500 B.C. to Case Number 34). At the time of culturally affiliated with the Indian A.D. 750. removal, site 5DL1989 was on private tribes listed in Summary. In 2003, human remains representing land. No known individual was Notification.The museum is a minimum of one individual were identified. No associated funerary responsible for sending copies of this removed by Charles Wheeler from site objects are present. Cranial morphology notice to the consulted Indian tribes 5LP7347 on the grounds of Fort Lewis is consistent with physical features listed above in Consultation. College, La Plata County, CO. The common to Ancient Puebloan Dated: October 12, 2004 human remains (OAHP Case Number populations. Ancient Puebloan sites in Sherry Hutt, 208) were transferred to the Colorado the southwestern United States Office of Archaeology and Historic generally date between approximately Manager, National NAGPRA Program. Preservation in 2003. No known 1000 B.C. and A.D. 1300. [FR Doc. 04–25918 Filed 11–22–04; 8:45 am] individual was identified. No associated The cultural affiliation of the human BILLING CODE 4312–50–S funerary objects are present. Occupation remains and associated funerary objects of 5LP7347 dates to the Basketmaker II/ described above with present-day III period, from approximately 1500 B.C. Native American tribes was determined DEPARTMENT OF THE INTERIOR through the use of the following lines of to A.D. 750. National Park Service On an unknown date, human remains evidence: geographical, kinship, representing a minimum of one biological, archeological, Notice of Inventory Completion: U.S. individual were removed from an anthropological, linguistic, oral Department of the Interior, National unidentified site in Jefferson County, tradition, historical, and expert opinion. Park Service, Guadalupe Mountains CO. The human remains (OAHP Case Evidence was gathered from National Park, Salt Flat, TX Number 149) were seized by the Arvada consultations with the Indian tribes Police Department as part of a criminal listed above in Consultation, physical AGENCY: National Park Service, Interior. investigation and subsequently examination, survey of acquisitional ACTION: Notice. transferred to the Colorado Office of history, review of pertinent
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SUMMARY: Pursuant to the Native Consultation. Guadalupe Mountains actions for disposition of culturally American Graves Protection and National Park identified the cultural unidentifiable human remains. In Repatriation Act (NAGPRA), the U.S. items and assessed the cultural December 1998, Guadalupe Mountains Department of the Interior, National affiliation of the cultural items in National Park requested that the Review Park Service, Guadalupe Mountains consultation with representatives of the Committee recommend repatriation of National Park, Salt Flat, TX (the Federal Apache Tribe of Oklahoma; Comanche the 10 culturally unidentifiable human agency that has control of the cultural Nation, Oklahoma; Fort Sill Apache remains to a group of 12 Indian tribes items), determined that the physical Tribe of Oklahoma; Hopi Tribe of that had requested the human remains remains of 10 individuals of Native Arizona; Jicarilla Apache Nation, New and that demonstrated a cultural American ancestry in Guadalupe Mexico; Kiowa Indian Tribe of relationship to the region. The Review Mountains National Park’s collections, Oklahoma; Mescalero Apache Tribe of Committee considered the proposal at described below in Information about the Mescalero Reservation, New Mexico; its December 1998 meeting in Santa Fe, cultural items, are culturally Pueblo of Isleta, New Mexico; Pueblo of NM, and recommended repatriation of unidentifiable. The Native American Zia, New Mexico; San Carlos Apache the human remains to the 12 Indian Graves Protection and Repatriation Tribe of the San Carlos Reservation, tribes. A May 25, 1999, letter from the Review Committee (Review Committee) Arizona; White Mountain Apache Tribe Departmental Consulting Archeologist recommended that Guadalupe of the Fort Apache Reservation, on behalf of the chair of the Review Mountains National Park repatriate the Arizona; Ysleta del Sur Pueblo of Texas; Committee to the superintendent of human remains to the Apache Tribe of and Zuni Tribe of the Zuni Reservation, Guadalupe Mountains National Park Oklahoma; Comanche Nation, New Mexico. summarized the Review Committee’s Oklahoma; Fort Sill Apache Tribe of Information about cultural items. In consideration of the park’s request and Oklahoma; Hopi Tribe of Arizona; 1934–35, human remains representing a transmitted the Review Committee’s Jicarilla Apache Nation, New Mexico; minimum of six individuals were recommendation that the park repatriate Kiowa Indian Tribe of Oklahoma; removed from Williams Cave in the human remains to all the tribes Mescalero Apache Tribe of the Culberson County, TX. At the time, the listed above in Summary except the Mescalero Reservation, New Mexico; land on which Williams Cave is located Pueblo of Isleta, New Mexico, which did Pueblo of Isleta, New Mexico; Pueblo of was privately owned. The excavations not join the consultation until after the Zia, New Mexico; San Carlos Apache were conducted under the auspices of Review Committee’s December 1998 Tribe of the San Carlos Reservation, the University Museum of Philadelphia meeting Arizona; White Mountain Apache Tribe and the Philadelphia Academy of In 2000, the human remains from the of the Fort Apache Reservation, Natural Sciences. Items found at the site 1934–35 Williams Cave excavations that Arizona; Ysleta del Sur Pueblo of Texas; indicate the human remains were buried were curated by the Philadelphia and Zuni Tribe of the Zuni Reservation, during the Archaic period (3,000 B.C. to Academy of Natural Sciences were New Mexico. A.D. 500). Following the excavation, the donated to Guadalupe Mountains human remains from Williams Cave National Park. The fragmentary human The National Park Service publishes were curated by several institutions, remains had been cataloged in this notice on behalf of Guadalupe including the Philadelphia Academy of Philadelphia as part of the Mountains National Park as part of the Natural Sciences, Carlsbad Municipal paleontological collections and were not National Park Service’s administrative Museum, and University of included in the December 1998 responsibilities under NAGPRA. The Nebraska-Lincoln. In 1998, the human repatriation request to the NAGPRA superintendent of Guadalupe Mountains remains curated by the Carlsbad Review Committee. Based on National Park is solely responsible for Municipal Museum and the University documentation from the 1934–35 information and determinations stated of Nebraska-Lincoln were donated to excavations, it is believed that the in this notice. Guadalupe Mountains National Park. No fragmentary human remains represent Information about NAGPRA is known individuals were identified. some of the six individuals removed available online at www.cr.nps.gov/ In 1965–67, human remains during the 1934–35 excavations. nagpra. representing a minimum of four In November 2000, the DATES: Repatriation of the cultural items individuals were recovered from Pratt superintendent of Guadalupe Mountains to the Indian tribes listed above in Cave in Culberson County, TX. At the National Park requested that the Review Summary may proceed after December time, the land on which Pratt Cave was Committee recommend repatriation of 23, 2004, if no additional claimants located was under Federal jurisdiction. the culturally unidentifiable human come forward. Representatives of any Items found at the site indicate the remains donated to the park by the other Indian tribe that believes itself to human remains were buried during the Philadelphia Academy of Natural be culturally affiliated with the cultural Late Archaic period (600 B.C. to A.D. Sciences to a group of 13 Indian tribes items should contact Guadalupe 500). No known individuals were that had requested the human remains Mountains National Park before identified. and that demonstrated a cultural December 23, 2004. On September 30, 1972, the lands on relationship to the region. The Review which both Williams Cave and Pratt Committee considered the request at its Cave are located became part of December 2000 meeting in Nashville, SUPPLEMENTARY INFORMATION: Guadalupe Mountains National Park. TN, and recommended repatriation of Authority. 25 U.S.C. 3001 et seq. and Guadalupe Mountains National Park the human remains to the 13 Indian 43 CFR Part 10. officials determined that a relationship tribes. A February 15, 2001, letter from Contact. Contact John Lujan, of shared group identity could not the Assistant Director, Cultural Superintendent, Guadalupe Mountains reasonably be traced between the Resources on behalf of the chair of the National Park, HC 60, Box 400, Salt Flat, human remains and any present-day Review Committee to the TX 79847–9400, telephone (915) 828– Indian tribe. superintendent of Guadalupe Mountains 3251, regarding determinations stated in According to the Review Committee’s National Park summarized the Review this notice or to claim the cultural items charter, the Review Committee is Committee’s consideration of the park’s described in this notice. responsible for recommending specific request and transmitted the Review
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Committee’s recommendation that the U.S.C. 3003 (d)(3). The determinations heap outside a kiva wall associated with park repatriate the human remains to in this notice are the sole responsibility the ruins. Stylistic attributes of the pot the tribes listed above in Summary. of the museum, institution, or Federal identify the occupation as affiliated In 2001, an additional human bone agency that has control of the Native with the Anasazi culture. Stylistic was discovered in the Guadalupe American human remains and attributes of the pot also date the burial Mountains National Park collection associated funerary objects. The of one of the other individuals to circa during a review of cataloged mammal National Park Service is not responsible A.D. 900–1300, Pueblo II-III period of bones. This bone was originally for the determinations in this notice. the archeologically defined Anasazi collected from Pratt Cave in 1967 and is A detailed assessment of the human culture. believed to represent one of the remains was made by Bureau of Indian Based on cranial morphology, dental individuals previously considered by Affairs and Milwaukee Public Museum traits, and associated funerary objects, the Review Committee. professional staff and contract the human remains are identified as Disposition of funerary objects specialists in physical anthropology in Native American. Consultation evidence associated with culturally unidentifiable consultation with representatives of the provided by the Hopi Tribe of Arizona human remains is not addressed by the Hopi Tribe of Arizona; Pueblo of indicates that Navajo Canyon in Native American Graves Protection and Acoma, New Mexico; Pueblo of Laguna, Arizona, and Navajo, AZ, both on the Repatriation Act and no associated New Mexico; and Zuni Tribe of the Zuni Navajo Indian Reservation, are part of funerary objects are included in this Reservation, New Mexico. the aboriginal territory of the Hopi notice. In 1925, human remains representing culture, despite current occupation by Determinations. Under 25 U.S.C. a minimum of one individual were the Navajo Nation, Arizona, New 3003, Guadalupe Mountains National removed from the vicinity of Inscription Mexico and Utah. Consultation Park officials determined that the House, Navajo Canyon, in Arizona, on evidence provided by representatives of human remains represent the physical the Navajo Indian Reservation by the Hopi Tribe of Arizona; Pueblo of remains of 10 individuals of Native museum curator, Samuel A. Barrett, Acoma, New Mexico; Pueblo of Laguna, American ancestry. Guadalupe during a Milwaukee Public Museum New Mexico; and Zuni Tribe of the Zuni Mountains National Park officials expedition. No known individual was Reservation, New Mexico indicates that determined that the human remains are identified. The one associated funerary these groups are descended from culturally unidentifiable. object is a potsherd. Anasazi people living in the vicinity of Notification. Guadalupe Mountains On the basis of stylistic attributes, the the present-day Navajo Indian National Park is responsible for sending associated funerary object can be Reservation. copies of this notice to the Indian tribes identified as dating to circa post- A.D. Officials of the Bureau of Indians listed above in Consultation. 1300, the Pueblo IV or Pueblo V period Affairs and the Milwaukee Public of Anasazi culture. Museum have determined that, Dated: September 28, 2004 At an unknown date, human remains pursuant to 25 U.S.C. 3001 (9–10), the Sherry Hutt, representing a minimum of one human remains described above Manager, National NAGPRA program individual were removed from ruins in represent the physical remains of at [FR Doc. 04–25922 Filed 11–22–04; 8:45 am] Navajo, AZ, on the Navajo Indian least five individuals of Native BILLING CODE 4312–50–S Reservation, by A.J. Newcomb, a trading American ancestry. Officials of the post operator in Tohatchi, NM. Mr. Bureau of Indian Affairs and Milwaukee Newcomb donated the human remains Public Museum also have determined DEPARTMENT OF THE INTERIOR to the Milwaukee Public Museum in that, pursuant to 25 U.S.C. 3001 (3)(A), 1925. No known individual was the two objects described above are National Park Service identified. No associated funerary reasonably believed to have been placed Notice of Inventory Completion: U.S. objects are present. with or near individual human remains The human remains were removed Department of the Interior, Bureau of at the time of death or later as part of from a refuse heap outside a kiva wall Indians Affairs, Washington, DC, and the death rite or ceremony. Lastly, associated with ruins in Navajo, AZ, on officials of the Bureau of Indian Affairs Milwaukee Public Museum, Milwaukee, the Navajo Indian Reservation. Objects and Milwaukee Public Museum have WI found in the ruins but not donated to determined that, pursuant to 25 U.S.C. AGENCY: National Park Service, Interior. the Milwaukee Public Museum indicate 3001 (2), there is a relationship of ACTION: Notice. that the formation of the refuse heap shared group identity that can be dates to circa A.D. 900–1600. The reasonably traced between the Native Notice is here given in accordance human remains exhibit lamboid cranial American human remains and with the Native American Graves deformation, which is associated with associated funerary objects and the Hopi Protection and Repatriation Act the Pueblo II through Pueblo IV periods Tribe of Arizona; Pueblo of Acoma, New (NAGPRA), 25 U.S.C. 3003, of the of Anasazi culture. Mexico; Pueblo of Laguna, New Mexico; completion of an inventory of human At an unknown date, human remains and Zuni Tribe of the Zuni Reservation, remains and associated funerary objects representing three individuals were New Mexico. in the control of the U.S. Department of removed from ‘‘Ruin #2, Silent City,’’ Representatives of any other Indian the Interior, Bureau of Indian Affairs, presumed to be located near Tohatchi, tribe that believes itself to be culturally Washington, DC, and in the possession NM, on the Navajo Indian Reservation affiliated with the human remains and of the Milwaukee Public Museum, by A.J. Newcomb. Mr. Newcomb associated funerary objects should Milwaukee, WI. The human remains donated the remains to the Milwaukee contact Dr. Alex Barker, Anthropology and associated funerary objects were Public Museum in 1921. No known Section Head, Milwaukee Public removed from the Navajo Indian individuals were identified. The one Museum, 800 West Wells Street, Reservation. associated funerary object is an Milwaukee, WI 53233, telephone (414) This notice is published as part of the earthenware pot. 278–2786, before December 23, 2004. National Park Service’s administrative One of the individuals from the Silent Repatriation of the human remains and responsibilities under NAGPRA, 25 City site was removed from a refuse associated funerary objects to the Hopi
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Tribe of Arizona; Pueblo of Acoma, New construction. In 1926, Robert Weeks ceremony. Lastly, officials of the Mexico; Pueblo of Laguna, New Mexico; donated a glazed ceramic perfume bottle Milwaukee Public Museum have and Zuni Tribe of the Zuni Reservation, from this grave to the Milwaukee Public determined that, pursuant to 25 U.S.C. New Mexico may begin after that date Museum. No known individual was 3001 (2), there is a relationship of if no additional claimants come identified. The one associated funerary shared group identity that can be forward. object is a glazed ceramic perfume reasonably traced between the Native The Bureau of Indian Affairs is bottle. American human remains and responsible for notifying the Hopi Tribe The presence of the perfume bottle associated funerary objects and the of Arizona; Pueblo of Acoma, New dates the burial to the 19th century. The Ho-Chunk Nation of Wisconsin and the Mexico; Pueblo of Laguna, New Mexico; human remains from this burial are Winnebago Tribe of Nebraska. and Zuni Tribe of the Zuni Reservation, currently in the possession of the Representatives of any other Indian New Mexico that this notice has been Wisconsin Historical Society. tribe that believes itself to be culturally published. In 1931, human remains representing affiliated with the human remains and a minimum of one individual were Dated: October 7, 2004 associated funerary objects should removed from a location on the south Sherry Hutt, contact Dr. Alex Barker, Anthropology shore of Lake Puckaway, Green Lake Section Head, Milwaukee Public Manager, National NAGPRA Program. County, WI, by Rudolf Boettger. Mr. Museum, 800 West Wells Street, [FR Doc. 04–25921 Filed 11–22–04; 8:45 am] Boettger donated the human remains Milwaukee, WI 53233, telephone (414) BILLING CODE 4312–50–S and an associated funerary object to the 278–2786, before December 23, 2004. Milwaukee Public Museum in the same Repatriation of the human remains and year. No known individuals were associated funerary objects to the DEPARTMENT OF THE INTERIOR identified. The one associated funerary Ho-Chunk Nation of Wisconsin and the object is a copper alloy bracelet. National Park Service Winnebago Tribe of Nebraska may The presence of the bracelet dates the proceed after that date if no additional burial to circa A.D. 1770–1900. Notice of Inventory Completion: claimants come forward. In 1931 and 1932, human remains The Milwaukee Public Museum is Milwaukee Public Museum, Milwaukee, representing a minimum of two WI responsible for notifying the Ho-Chunk individuals were removed from the Nation of Wisconsin; Iowa Tribe of AGENCY: National Park Service, Interior. McCauley Campsite (47–WN–222), Kansas and Nebraska; Iowa Tribe of ACTION: Notice. Oshkosh, Winnebago County, WI, by Oklahoma; Otoe-Missouria Tribe of Arthur P. Kannenberg. The McCauley Indians, Oklahoma; and Winnebago Notice is here given in accordance Campsite is located at the point where Tribe of Nebraska that this notice has with the Native American Graves the Fox River flows into Lake been published. Protection and Repatriation Act Winnebago, between Frankfort and (NAGPRA), 25 U.S.C. 3003, of the Eveline Streets, Oshkosh, WI. No known Dated: October 7, 2004 completion of an inventory of human individuals were identified. No Sherry Hutt, remains and associated funerary objects associated funerary objects are present. Manager, National NAGPRA Program. in the possession of the Milwaukee Archeological evidence indicates that [FR Doc. 04–25919 Filed 11–22–04; 8:45 am] Public Museum, Milwaukee, WI. The the McCauley site was inhabited during BILLING CODE 4312–50–S human remains and associated funerary the historic period. objects were removed from Fond du Based on cranial morphology and Lac, Green Lake, and Winnebago dental characteristics, the human DEPARTMENT OF THE INTERIOR Counties, WI. remains are determined to be Native This notice is published as part of the American. Archeological evidence and National Park Service National Park Service’s administrative oral historical evidence provided during responsibilities under NAGPRA, 25 consultations indicate that Luco Creek, Notice of Inventory Completion: U.S.C. 3003 (d)(3). The determinations Lake Puckaway, and Lake Winnebago, Milwaukee Public Museum, Milwaukee, in this notice are the sole responsibility WI, are located within the historic WI of the museum, institution, or Federal territory of the Ho-Chunk Nation of AGENCY: National Park Service, Interior. agency that has control of the Native Wisconsin and the Winnebago Tribe of ACTION: Notice. American human remains and Nebraska. The dates of occupation of the associated funerary objects. The sites are consistent with the time period Notice is here given in accordance National Park Service is not responsible during which the Ho-Chunk Nation of with the Native American Graves for the determinations in this notice. Wisconsin and the Winnebago Tribe of Protection and Repatriation Act A detailed assessment of the human Nebraska inhabited the area. (NAGPRA), 25 U.S.C. 3003, of the remains was made by Milwaukee Public Officials of the Milwaukee Public completion of an inventory of human Museum professional staff and contract Museum have determined that, remains and associated funerary objects specialists in physical anthropology in pursuant to 25 U.S.C. 3001 (9–10), the in the possession of the Milwaukee consultation with representatives of the human remains described above Public Museum, Milwaukee, WI. The Ho-Chunk Nation of Wisconsin; Iowa represent the physical remains of at human remains and associated funerary Tribe of Kansas and Nebraska; Iowa least three individuals of Native objects were removed from Maricopa Tribe of Oklahoma; Otoe-Missouria American ancestry. Officials of the County, AZ. Tribe of Indians, Oklahoma; and Milwaukee Public Museum also have This notice is published as part of the Winnebago Tribe of Nebraska. determined that, pursuant to 25 U.S.C. National Park Service’s administrative In 1926, human remains representing 3001 (3)(A), the two objects described responsibilities under NAGPRA, 25 a minimum of one individual were above are reasonably believed to have U.S.C. 3003 (d)(3). The determinations removed from a grave near Luco Creek been placed with or near individual in this notice are the sole responsibility (site 47–FD–242), Fond du Lac, Fond du human remains at the time of death or of the museum, institution, or Federal Lac County, WI, during sewer later as part of the death rite or agency that has control of the Native
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American human remains and American ancestry. Officials of the DEPARTMENT OF THE INTERIOR associated funerary objects. The Milwaukee Public Museum also have National Park Service is not responsible determined that, pursuant to 25 U.S.C. National Park Service for the determinations in this notice. 3001 (3)(A), the two objects described A detailed assessment of the human above are reasonably believed to have Notice of Inventory Completion: remains was made by Milwaukee Public been placed with or near individual Peabody Museum of Archaeology and Museum professional staff and contract human remains at the time of death or Ethnology, Harvard University, specialists in physical anthropology, in later as part of the death rite or Cambridge, MA consultation with representatives of the ceremony. Lastly, officials of the AGENCY: National Park Service, Interior. Gila River Indian Community of the Gila Milwaukee Public Museum have ACTION: Notice. River Indian Reservation, Arizona; the determined that, pursuant to 25 U.S.C. Hopi Tribe of Arizona; and the Zuni 3001 (2), there is a relationship of Notice is here given in accordance Tribe of the Zuni Reservation, New shared group identity that can be with the Native American Graves Mexico. reasonably traced between the Native Protection and Repatriation Act At an unknown date prior to 1965, American human remains and (NAGPRA), 25 U.S.C. 3003, of the cremated human remains representing a associated funerary objects and the Ak completion of an inventory of human minimum of two individuals and the Chin Indian Community of the remains in the possession of the vessels containing the human remains Maricopa (Ak Chin) Indian Reservation, Peabody Museum of Archaeology and were removed from an unknown site Arizona; Gila River Indian Community Ethnology, Harvard University, two miles northwest of Mesa, Maricopa of the Gila River Indian Reservation, Cambridge, MA. The human remains County, AZ, by E.K. Petrie, Burlington, Arizona; Hopi Tribe of Arizona; Salt were removed from the vicinity of WI. Mr. Petrie sold the vessels River Pima-Maricopa Indian Kayenta, Navajo County, AZ. containing the human remains to the Community of the Salt River This notice is published as part of the Milwaukee Public Museum in 1965. No Reservation, Arizona; Tohono O’odham National Park Service’s administrative known individuals were identified. The Nation of Arizona; and Zuni Tribe of the responsibilities under NAGPRA, 25 associated funerary objects are the two Zuni Reservation, New Mexico. U.S.C. 3003 (d)(3). The determinations vessels that contained the cremated in this notice are the sole responsibility human remains. Representatives of any other Indian of the museum, institution, or Federal On the basis of the mode of mortuary tribe that believes itself to be culturally agency that has control of the Native treatment, the human remains are affiliated with the human remains and American human remains. The National identified as Native American. Stylistic associated funerary objects should Park Service is not responsible for the attributes of the mortuary vessels contact Dr. Alex Barker, Anthropology determinations in this notice. suggest that the remains are affiliated Section Head, Milwaukee Public A detailed assessment of the human with the archeologically defined Museum, 800 West Wells Street, remains was made by the Peabody Hohokam culture. On the basis of Milwaukee, WI 53233, telephone (414) Museum of Archaeology and Ethnology stylistic analysis, one mortuary vessel 278-2786, before December 23, 2004. professional staff in consultation with can be dated to circa A.D. 500-1100, the Repatriation of the human remains and representatives of the Hopi Tribe of Colonial-Sedentary period. The other associated funerary objects to Ak Chin Arizona; Navajo Nation, Arizona, New mortuary vessel is dated to circa A.D. Indian Community of the Maricopa (Ak Mexico & Utah; Pueblo of Acoma, New 900-1100, the Sedentary period. Chin) Indian Reservation, Arizona; Gila Mexico; and Pueblo of Laguna, New Consultation evidence provided by River Indian Community of the Gila Mexico. representatives of the Gila River Indian River Indian Reservation, Arizona; Hopi In 1916, human remains representing Community of the Gila River Indian Tribe of Arizona; Salt River one individual were removed from a Reservation, Arizona indicates that the Pima-Maricopa Indian Community of surface location near Kayenta, Navajo Hohokam culture is ancestral to the Ak the Salt River Reservation, Arizona; County, AZ, by Samuel Guernsey and Chin Indian Community of the Tohono O’odham Nation of Arizona; John Wetherill. The human remains Maricopa (Ak Chin) Indian Reservation, and Zuni Tribe of the Zuni Reservation, were donated to the Peabody Museum Arizona; Gila River Indian Community New Mexico may proceed after that date of Archaeology and Ethnology, Harvard of the Gila River Indian Reservation, if no additional claimants come University the same year. No known Arizona; Salt River Pima-Maricopa forward. individual was identified. No associated Indian Community of the Salt River The Milwaukee Public Museum is funerary objects are present. Reservation, Arizona; and Tohono responsible for notifying the Ak Chin Museum documentation describes the O’odham Nation of Arizona. Indian Community of the Maricopa (Ak human remains as ‘‘probably Navajo.’’ Consultation evidence provided by Chin) Indian Reservation, Arizona; Gila The attribution of such a specific representatives of the Hopi Tribe of River Indian Community of the Gila cultural affiliation to the human Arizona and the Zuni Tribe of the Zuni River Indian Reservation, Arizona; Hopi remains indicates that the interment Reservation, New Mexico indicates that Tribe of Arizona; Salt River postdates sustained contact between the Hohokam culture is ancestral to the Pima-Maricopa Indian Community of indigenous groups and Europeans Hopi Tribe of Arizona and the Zuni the Salt River Reservation, Arizona; beginning in the 17th century. Cranial Tribe of the Zuni Reservation, New Tohono O’odham Nation of Arizona; morphology also supports that the Mexico, as clans in both of the above and Zuni Tribe of the Zuni Reservation, human remains are of Navajo ancestry. groups originated in the Salt River and New Mexico that this notice has been Oral tradition and historic Gila River area of Arizona. published. documentation support the conclusion Officials of the Milwaukee Public that the geographic area of Kayenta falls Museum have determined that, Dated: October 7, 2004 within the historic homelands of the pursuant to 25 U.S.C. 3001 (9-10), the Sherry Hutt, Navajo Nation. Based on this evidence, human remains described above Manager, National NAGPRA Program. the age of the human remains and the represent the physical remains of at [FR Doc. 04–25920 Filed 11–22–04; 8:45 am] occupation of the area by the Navajo least two individuals of Native BILLING CODE 4312–50–S Nation coincide.
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Officials of the Peabody Museum of U.S.C. 3003 (d)(3). The determinations The location of the Fort Neck Burying Archaeology and Ethnology have within this notice are the sole Ground was described in a 1912 determined that, pursuant to 25 U.S.C. responsibility of the museum, newspaper article: ‘‘The ancient burial 3001 (9–10), the human remains institution, or Federal agency that has place is beautifully located on Fort described above represent the physical control of the Native American human Neck, near Cross Mills in Charlestown, remains of one individual of Native remains. The National Park Service is at the head of Powaget, or Charlestown American ancestry. Officials of the not responsible for the determinations pond. It lies near the old Indian trail, Peabody Museum of Archaeology and within this notice. later known in Colonial days as the Ethnology also have determined that, A detailed assessment of the human King’s or Queen’s highway, as chanced pursuant to 25 U.S.C. 3001 (2), there is remains was made by the University of to be at the time the ruler of England. a relationship of shared group identity Massachusetts, Department of Later it was called the country road, and that can be reasonably traced between Anthropology professional staff in then again the Post road’’ (The Sun, the Native American human remains consultation with representatives of the Providence, RI, September 8, 1912). The Narragansett Indian Tribe of Rhode and the Navajo Nation, Arizona, New Wilders got permission to excavate from Island. Mexico & Utah. the owners of the land, heirs of the late Representatives of any other Indian In September of 1912, human remains representing a minimum of eight James S. Kenyon, and the town council tribe that believes itself to be culturally of Charlestown. The Wilders’ site map affiliated with the human remains individuals were removed from the Fort Neck Burying Ground, on the grounds of of ‘‘Fort Neck Burying Ground - should contact Patricia Capone, Charlestown, R.I. Excavation of Repatriation Coordinator, Peabody the James S. Kenyon estate in September 1912’’ plots the location of Museum of Archaeology and Ethnology, Charlestown, RI, by Dr. Harris 10 burials in the one row targeted for Harvard University, 11 Divinity Avenue, Hawthorne Wilder, his wife Dr. Inez study, and at least four additional rows. Cambridge, MA 02138, telephone (617) Whipple Wilder, and two assistants. No The site had been previously excavated 496–3702, before December 23, 2004. known individuals were identified on at least two occasions. In 1859, Repatriation of the human remains to among the remains excavated. The Charlestown citizens collected several the Navajo Nation, Arizona, New Wilders’ field notes indicate that there Mexico & Utah may proceed after that were wooden and metal coffin skeletal elements and artifacts from this date if no additional claimants come fragments, small cloth fragments, and and other Narragansett burial sites that forward. shroud pins associated with some of the were apparently sent to Brown The Peabody Museum of Archaeology burials, but there is no indication that University. Dr. Usher Parsons of and Ethnology is responsible for these items were collected with the Providence later re-opened this notifying the Hopi Tribe of Arizona; burials. The University of Massachusetts graveyard and other sites to supply his Navajo Nation, Arizona, New Mexico & is not in possession of either associated own ‘‘repository of scientific Utah; Pueblo of Acoma, New Mexico; or unassociated funerary objects from curiosities’’ (Wilder Field Notebook #1, and Pueblo of Laguna, New Mexico that these burials. Charlestown, R.I., summer 1912, stored this notice has been published. The human remains collected from in Wilder Collection Series VI: the Fort Neck Burying Ground were Professional Activities, Box 29, Folder Dated: September 30, 2004 originally exhibited in the ‘‘Smith 6, Smith College Archives). Sherry Hutt Anthropological and Zoological An entry in the Smith College Manager, National NAGPRA Program Museum’’ at Burton Hall, Smith College, Zoology Department Accession Book [FR Doc. 04–25925 Filed 11–22–04; 8:45 am] Northampton, MA. Each of the describes the remains as follows: BILLING CODE 4312–50–S individual bones was marked in black Indian ink, with identification numbers, ‘‘Collection of Skeletons from letters, and Roman numerals that Charlestown, R.I. Fort Neck Burying DEPARTMENT OF THE INTERIOR matched up to the Wilders’ site map, ground. People from Narragansett excavation schedule, and collections Reservation, buried perhaps between National Park Service storage system; each set of human 1750–1840. Ten bodies. Excavated 1912 remains was originally numbered 1, 2, by the Wilders. These not accessioned Notice of Inventory Completion: 5, 6, 7, 8, 9, and 10, based on their yet. (March 1919)’’ (Smith College University of Massachusetts, location in the row. In 1966, Smith Zoology Department Accession Book II, Department of Anthropology, Amherst, College transferred, as an extended loan, page 29, on file at University of MA the human remains from the Fort Neck Massachusetts, Amherst). The Wilders’ field notes indicate that two out of the AGENCY: National Park Service, Interior. Burying Ground, along with other ten graves they selected for excavation ACTION: Notice. Native American remains, to the Anthropology Department of the showed signs of previous disturbance, Notice is here given in accordance University of Massachusetts, Amherst, and the bodies were already missing. with the Native American Graves where they were accessioned as part of One empty grave had a marked Protection and Repatriation Act the ‘‘Wilder Collection,’’ and headstone: ‘‘Here lieth ye Body of (NAGPRA), 25 U.S.C. 3003, of the incorporated into the existing teaching George ye son of Charles Ninigret, King completion of an inventory of human and research collections. In 1987, the of ye Natives and his wife Hannah’’; the remains in the possession of the University of Massachusetts assigned footstone read: ‘‘Ninigret, George. 1731c University of Massachusetts, new accession numbers to the - 22 Dec 1732.’’ The Ninigret family is Department of Anthropology, Amherst, individuals from the Fort Neck Burying identified as Niantic and Narragansett in MA. The human remains were removed Ground as follows: 1987–019 (Wilder Narragansett tribal genealogical records. from the Fort Neck Burying Ground in #1), 1987–006 (Wilder #2), 1987–015 No materials were removed from the Charlestown, Washington County, RI. (Wilder #5), 1987–004 (Wilder #6), two empty graves by the Wilders. The This notice is published as part of the 1987–007 (Wilder #7), 1987–018 University of Massachusetts is now in National Park Service’s administrative (Wilder #8), 1987–016 (Wilder #9), and possession of eight sets of human responsibilities under NAGPRA, 25 1987–014 (Wilder #10). remains from the Fort Neck Burying
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Ground, none of which have been INTERNATIONAL TRADE The Commission also found that other identified by name. COMMISSION circumstances warranted conducting a full review. A record of the Based on Narragansett Indian tribal [Investigation No. 731–TA–282 (Second written and oral histories; colonial, Review)] Commissioners’ votes, the local, and regional historic Commission’s statement on adequacy, and any individual Commissioner’s documentation; documents in the Petroleum Wax Candles From China statements will be available from the Wilder Collection at the University of AGENCY: United States International Office of the Secretary and at the Massachusetts and the Smith College Trade Commission. Commission’s web site. Archives; Dr. Wilder’s reconstruction of ACTION: Notice of Commission genealogical information for the Authority: This review is being conducted determination to conduct a full five-year under authority of title VII of the Tariff Act Narragansett peoples based on review concerning the antidumping of 1930; this notice is published pursuant to ethnographic interviews at the time of duty order on petroleum wax candles section 207.62 of the Commission’s rules. excavation; Narragansett Indian tribal from China. By order of the Commission. genealogical records; geography; and proximity of the cemetery to the SUMMARY: The Commission hereby gives Issued: November 17, 2004. Narragansett Indian Tribal Reservation, notice that it will proceed with a full Marilyn R. Abbott, it has been determined that the human review pursuant to section 751(c)(5) of Secretary to the Commission. remains described in this notice are the Tariff Act of 1930 (19 U.S.C. [FR Doc. 04–25894 Filed 11–22–04; 8:45 am] affiliated with the Narragansett Indian 1675(c)(5)) to determine whether BILLING CODE 7020–02–P revocation of the antidumping duty Tribe of Rhode Island. order on petroleum wax candles from Officials of the University of China would be likely to lead to Massachusetts, Department of continuation or recurrence of material DEPARTMENT OF LABOR Anthropology have determined that, injury within a reasonably foreseeable Employment and Training pursuant to 25 U.S.C. 3001 (9–10), the time. A schedule for the review will be Administration human remains described above established and announced at a later represent the physical remains of eight date. For further information concerning [TA–W–54,945; TA–W–54,945A] individuals of Native American the conduct of this review and rules of ancestry. Officials of the University of general application, consult the Amcor Plastube, Inc., Breinigsville, Massachusetts, Department of Commission’s Rules of Practice and Pennsylvania; Amcor Plastube, Inc., Anthropology also have determined Procedure, part 201, subparts A through Lake in the Hills, Illinois; Amended that, pursuant to 25 U.S.C. 3001 (2), E (19 CFR part 201), and part 207, Certification Regarding Eligibility To there is a relationship of shared group subparts A, D, E, and F (19 CFR part Apply for Worker Adjustment identity that can be reasonably traced 207). Assistance between these Native American human EFFECTIVE DATE: November 5, 2004. In accordance with Section 223 of the remains and the Narragansett Indian FOR FURTHER INFORMATION CONTACT: Trade Act of 1974 (19 U.S.C. 2273) the Tribe of Rhode Island. Mary Messer (202–205–3193), Office of Department of Labor issued a Notice of Representatives of any other Indian Investigations, U.S. International Trade Certification Regarding Eligibility to tribe that believes itself to be culturally Commission, 500 E Street SW., Apply for Worker Adjustment affiliated with the human remains Washington, DC 20436. Hearing- Assistance on June 16, 2004, applicable should contact Ralph Faulkingham, impaired persons can obtain to workers of Amcor Plastube, Inc., Chair, Department of Anthropology, information on this matter by contacting Breinigsville, Pennsylvania. The notice University of Massachusetts, Room 215 the Commission’s TDD terminal on 202– was published in the Federal Register 205–1810. Persons with mobility Machmer Hall, Amherst, MA 01003, on July 7, 2004 (69 FR 40984). impairments who will need special telephone (413) 545–0028, before At the request of the State agency, the assistance in gaining access to the December 23, 2004. Repatriation of the Department reviewed the certification Commission should contact the Office human remains to the Narragansett for workers of the subject firm. New of the Secretary at 202–205–2000. information shows that a separation Indian Tribe of Rhode Island may General information concerning the occurred involving an employee of proceed after that date if no additional Commission may also be obtained by Amcor Plastube, Inc., Breinigsville, claimants come forward. accessing its internet server (http:// Pennsylvania, working in Lake in the The University of Massachusetts, www.usitc.gov). The public record for Hills, Illinois. Mr. James Sonsalla Department of Anthropology is this review may be viewed on the provided support services for the responsible for notifying the Commission’s electronic docket (EDIS) production of plastic squeeze tubes and Narragansett Indian Tribe of Rhode at http://edis.usitc.gov. polyfoil tubes for the cosmetic industry Island that this notice has been SUPPLEMENTARY INFORMATION: On that are produced by the firm. published. November 5, 2004, the Commission Based on these findings, the determined that it should proceed to a Department is amending this Dated: October 22, 2004 full review in the subject five-year certification to extend coverage to the Sherry Hutt, review pursuant to section 751(c)(5) of employee of the Breinigsville, Manager, National NAGPRA Program. the Act. The Commission found that the Pennsylvania facility of Amcor Plastube, [FR Doc. 04–25923 Filed 11–22–04; 8:45 am] domestic interested party group Inc., working in Lake in the Hills, BILLING CODE 4312–50–S response to its notice of institution (69 Illinois. F.R. 46182, August 2, 2004) was The intent of the Department’s adequate and that the respondent certification is to include all workers of interested party group response to its Amcor Plastube, Inc., Breinigsville, notice of institution was inadequate. Pennsylvania, who were adversely
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affected by a shift in production to U.S. Secretary of Labor, Court No. 04– In its remand investigation, the Canada. 00390. Department determined that the workers The amended notice applicable to The Department’s denial of Trade of the firm are separately identifiable as TA–W–54,945 is hereby issued as Adjustment Assistance (TAA) for the to whether they are engaged in the follows: workers of General Cable, Taunton, production of copper wire or PVC ‘‘All workers of Amcor Plastube, Inc., Massachusetts was issued on January compound. Breinigsville, Pennsylvania (TA–W–54,945), 13, 2004 and was published in the The Department contacted the and Amcor Plastube, Inc., Lake in the Hills, Federal Register on February 6, 2004 company for sales, production, and Illinois (TA–W–54,945A), who became (69 FR 5866). The workers produce import figures for copper wire and PVC totally or partially separated from copper wire and polyvinylchloride compound produced at the subject employment on or after May 17, 2003, (PVC) plastic compounds and are facility during 2002, 2003, January– through June 16, 2006, are eligible to apply separately identifiable by product line. November 2002 and January–November for adjustment assistance under Section 223 2003 as well as information regarding of the Trade Act of 1974.’’ The subject company and the United Electrical, Radio and Machine Workers the subject company’s customers. Signed at Washington, DC, this 10th day of of America, District Council 2 (‘‘Union’’) The investigation on remand November 2004. filed a joint primary- and secondarily- determined that the subject firm did not Linda G. Poole, affected petition, claiming that the import copper wire or PVC compound Certifying Officer, Division of Trade subject company lost sales to customers during 2002, 2003, January–November Adjustment Assistance. importing and that the subject company 2002 and January–November 2003. The remand investigation determined [FR Doc. E4–3292 Filed 11–22–04; 8:45 am] lost business as a supplier, assembler or that there was no loss of business with BILLING CODE 4510–30–P finisher of products or components for customers purchasing copper wire a trade-affected primary company during the relevant period. Production (General Cable, Montoursville, of copper wire increased at the subject DEPARTMENT OF LABOR Pennsylvania). facility in 2003 from 2002 levels and Employment and Training The initial investigation revealed that increased during January–November Administration during the relevant time period, the 2003 from January–December 2002 subject company did not supply a levels. [TA–W–55,894] component to a primary firm engaged in To support its findings on remand, production whose workers were the Department also conducted a new Delta Mills, Plant 3; Wallace, SC; currently certified as trade impacted. Notice of Termination of Investigation customer survey of the subject The primary firm ceased production in company’s major customers regarding Pursuant to Section 221 of the Trade 2001 and the TAA certification of their purchases of copper wire during Act of 1974, an investigation was workers at that facility expired 2002, 2003, January–November 2002 initiated on November 1, 2004 in November 9, 2003. The investigation and January–November 2003. The response to a petition filed on behalf of also revealed that sales and production investigation revealed that the workers at Delta Mills, Plant 3, Wallace, at the subject company increased in customers did not increase import South Carolina. 2003 from 2002 levels. purchases (direct or indirect) of copper The petitioner has requested that the By application dated February 4, wire during 2002, 2003, January– petition be withdrawn. Consequently, 2004, the Union requested November 2002 and January–November further investigation in this case would administrative reconsideration of the 2003. serve no purpose, and the investigation negative determination, stating that the The Department determined on its has been terminated. relevant period investigated by the remand investigation that PVC Department is not an accurate measure Signed in Washington, DC, this 8th day of compound production at the subject November, 2004. in determining workers’ eligibility for firm decreased in 2003 from 2002 levels TAA and suggests that the Department Elliott S. Kushner, and decreased during January– should extend the investigation back to November 2003 from January–December Certifying Officer, Division of Trade the beginning of 2000. The Notice of Adjustment Assistance. 2002 levels. Negative Determination Regarding [FR Doc. E4–3295 Filed 11–22–04; 8:45 am] The Department conducted a new Application for Reconsideration was customer survey of the subject BILLING CODE 4510–30–P issued on March 23, 2004 and was company’s major customers regarding published in the Federal Register on their purchases of PVC compound DEPARTMENT OF LABOR June 8, 2004 (69 FR 32046). during 2002, 2003, January–November The request for reconsideration was 2002 and January–November 2003. The Employment and Training denied because the closure of the investigation revealed that the Administration primary company occurred before the customers did not increase import relevant time period (November 20, purchases (direct or indirect) of PVC [TA–W–53,679] 2002 through November 20, 2003). The compound during 2002, 2003, January– TAA statute established the General Cable, Taunton, MA; Notice of November 2002 and January–November investigatory period as the twelve full Negative Determination on 2003. Therefore, the Department months prior to the petition date Reconsideration on Remand determined that the workers of the firm (November 20, 2003). producing PVC compound are not The United States Court of By application of July 31, 2004, the impacted by imports of PVC compound. International Trade (USCIT) granted the Union sought judicial review from the The remand investigation also Department of Labor’s request for USCIT. In response to the petitioner’s confirmed that workers of General voluntary remand of the negative appeal, the Department requested, and Cable, Taunton, Massachusetts, cannot determination on reconsideration in was granted, a voluntary remand. The be considered secondarily affected United Electrical, Radio and Machine Order was issued on September 16, because sales of copper wire and PVC Workers of America (General Cable) v. 2004. compound to the primary firm ceased in
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2001 (copper wire in August 2001 and This petition is a duplicate of a the workers are eligible to apply for PVC compound in September 2001). As petition instituted on October 27, 2004 adjustment assistance under Title II, previously determined, the primary firm (TA–W–55,864), which is the subject of Chapter 2, of the Act. The investigations ceased its production in 2001. an ongoing investigation. Consequently, will further relate, as appropriate, to the further investigation in this case would determination of the date on which total Conclusion serve no purpose, and the petition or partial separations began or After reconsideration on remand, I investigation has been terminated. threatened to begin and the subdivision affirm the original notice of negative Signed at Washington, DC, this 5th day of of the firm involved. determination of eligibility to apply for November, 2004. The petitioners or any other persons adjustment assistance for workers and Linda G. Poole, showing a substantial interest in the former workers of General Cable, subject matter of the investigations may Taunton, Massachusetts. Certifying Officer, Division of Trade Adjustment Assistance. request a public hearing, provided such Signed at Washington, DC, this 16th day of [FR Doc. 04–26017 Filed 11–22–04; 8:45 am] request is filed in writing with the November 2004. BILLING CODE 4510–30–P Director, Division of Trade Adjustment Linda G. Poole, Assistance, at the address shown below, Certifying Officer, Division of Trade not later than December 3, 2004. Adjustment Assistance. DEPARTMENT OF LABOR Interested persons are invited to [FR Doc. E4–3291 Filed 11–22–04; 8:45 am] submit written comments regarding the BILLING CODE 4510–30–P Employment and Training subject matter of the investigations to Administration the Director, Division of Trade Adjustment Assistance, at the address DEPARTMENT OF LABOR Investigation Regarding Certifications shown below, not later than December of Eligibility To Apply for Worker 3, 2004. Employment and Training Adjustment Assistance The petitions filed in this case are Administration Petitions have been filed with the available for inspection at the Office of [TA–W–55,889] Secretary of Labor under section 221(a) the Director, Division of Trade of the Trade Act of 1974 (‘‘the Act’’) and Adjustment Assistance, Employment The Glass Group, Inc., Park Hills, MO; are identified in the Appendix to this and Training Administration, U.S. Notice of Termination of Investigation notice. Upon receipt of these petitions, Department of Labor, Room C–5311, 200 Pursuant to Section 221 of the Trade the Director of the Division of Trade Constitution Avenue, NW., Washington, Act of 1974, as amended, an Adjustment Assistance, Employment DC 20210. investigation was initiated on October and Training Administration, has Signed at Washington, DC, this 29th day of 27, 2004 in response to a worker instituted investigations pursuant to October 2004. petition filed on behalf of workers at section 221(a) of the Act. Timothy Sullivan, The Glass Group, Inc., Park Hills, The purpose of each of the Director, Division of Trade Adjustment Missouri. investigations is to determine whether Assistance.
APPENDIX [Petitions instituted between 10/18/2004 and 10/29/2004]
Subject firm Date of Date of TA–W (petitioners) Location institution petition
55,810 ...... Honeywell/Hobbs Corp. (Wkrs) ...... Springfield, IL ...... 10/18/2004 10/14/2004 55,811 ...... Goza Manufacturing (Comp) ...... Fort Payne, AL ...... 10/18/2004 10/15/2004 55,812 ...... Circuit Images, Inc. (Comp) ...... Boulder, CO ...... 10/18/2004 10/18/2004 55,813 ...... NUVO Corporation (NPW) ...... Minnetonka, MN ...... 10/18/2004 10/12/2004 55,814 ...... United Receptacle (Wkrs) ...... Pottsville, PA ...... 10/18/2004 10/13/2004 55,815 ...... Philips Consumer Electronics (Comp) ...... Knoxville, TN ...... 10/18/2004 09/29/2004 55,816 ...... Tek Industries (Wkrs) ...... Fremont, NE ...... 10/18/2004 10/06/2004 55,817 ...... Celanese (Wkrs) ...... Bishop, TX ...... 10/18/2004 09/19/2004 55,818 ...... Vishay Dale Electronics (State) ...... Norfolk, NE ...... 10/18/2004 10/14/2004 55,819 ...... Coats American (Comp) ...... Old Fort, NC ...... 10/19/2004 10/19/2004 55,820 ...... Delphi Safety and Interior (USWA) ...... Vandalia, OH ...... 10/19/2004 10/18/2004 55,821 ...... Lear Corporation (UAW) ...... Hazelwood, MO ...... 10/19/2004 10/12/2004 55,822 ...... ZLB Behring (Formerly Aventis) (Wkrs) ...... Bradley, IL ...... 10/19/2004 10/18/2004 55,823 ...... Haldex Brake Products Corp. (Comp) ...... Iola, KS ...... 10/19/2004 10/18/2004 55,824 ...... Naturally Knits, Inc. (Comp) ...... Gastonia, NC ...... 10/19/2004 10/12/2004 55,825A ...... Jockey International, Inc...... Mt. Sterling, KY ...... 10/19/2004 10/18/2004 55,825 ...... Jockey International, Inc. (Comp) ...... Carlisle, KY ...... 10/19/2004 10/18/2004 55,826 ...... Dendrite International (Wkrs) ...... Stroudsburg, PA ...... 10/19/2004 10/11/2004 55,827 ...... Sanmina-SCI (Comp) ...... Carrolton, TX ...... 10/19/2004 10/18/2004 55,828 ...... Ross Mould, Inc. (USWA) ...... Washington, PA ...... 10/19/2004 10/12/2004 55,829 ...... Ex-Cell Home Fashions, Inc. (Comp) ...... Goldsboro, NC ...... 10/19/2004 10/14/2004 55,830 ...... Modine Manufacturing (Comp) ...... Euphoria, KS ...... 10/20/2004 10/18/2004 55,831 ...... Cardinal Health (State) ...... Springhill, UT ...... 10/20/2004 10/19/2004 55,832 ...... Davlyn Manufacturing Co., Inc. (Comp) ...... Spring City, PA ...... 10/20/2004 10/19/2004 55,833 ...... Brooks-Pri Automation Co. (State) ...... Chelmsford, MA ...... 10/20/2004 10/19/2004 55,834 ...... DreamTime, Inc. (State) ...... Santa Cruz, CA ...... 10/20/2004 10/12/2004 55,835 ...... ITT Industries (State) ...... Newton, MA ...... 10/20/2004 10/18/2004 55,836 ...... Frito Lay, Inc. (BCTGM) ...... Allen Park, MI ...... 10/20/2004 10/15/2004
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APPENDIX—Continued [Petitions instituted between 10/18/2004 and 10/29/2004]
Subject firm Date of Date of TA–W (petitioners) Location institution petition
55,837 ...... Highland Clinic, APMC (NPS) ...... Shreveport, LA ...... 10/20/2004 10/19/2004 55,838 ...... Carolinia Steel (Wkrs) ...... Lynchburg, VA ...... 10/20/2004 10/14/2004 55,839 ...... Lindsay Claire Designs, Ltd. (Comp) ...... Niagara Falls, NY ...... 10/20/2004 10/18/2004 55,840 ...... Sun Microsystems, Inc. (State) ...... Burlington, MA ...... 10/20/2004 10/15/2004 55,841 ...... Owens Corning (Wkrs) ...... Duncan, SC ...... 10/21/2004 10/18/2004 55,842 ...... Upholstry Felt (State) ...... Portland, OR ...... 10/21/2004 10/15/2004 55,843 ...... H.E. Services Co. (State) ...... Saginaw, MI ...... 10/21/2004 10/15/2004 55,844 ...... Stauffer Glove and Safety Company (Comp) ...... Pittston, PA ...... 10/22/2004 09/28/2004 55,845 ...... MAHA USA, LLC (Comp) ...... Pinckard, AL ...... 10/22/2004 10/15/2004 55,846 ...... Hewlett-Packard (Comp) ...... Vancouver, WA ...... 10/22/2004 10/22/2004 55,847 ...... Whitewater Mold, Inc. (State) ...... Traverse City, MI ...... 10/22/2004 10/18/2004 55,848 ...... Crotty Corp. (Wkrs) ...... Quincy, MI ...... 10/22/2004 10/20/2004 55,849 ...... Eaton Corporation (State) ...... Three Rivers, MI ...... 10/22/2004 10/11/2004 55,850 ...... Hill Fastener (Wkrs) ...... Rock Falls, IL ...... 10/22/2004 10/20/2004 55,851 ...... Quebecor World (Wkrs) ...... Effingham, IL ...... 10/22/2004 10/14/2004 55,852 ...... Guide Corp (State) ...... Monroe, LA ...... 10/25/2004 10/22/2004 55,853 ...... Avery Dennison (Wkrs) ...... Greensboro, NC ...... 10/25/2004 10/22/2004 55,854 ...... Amcor PET Packaging (Comp) ...... Merrimack, NH ...... 10/25/2004 10/22/2004 55,855 ...... Van De Weile—IRO, Inc. (State) ...... Charlotte, NC ...... 10/26/2004 09/30/2004 55,856 ...... Teepak, LLC (Comp) ...... Summerville, SC ...... 10/26/2004 10/20/2004 55,857 ...... Kamei Garment Co., Inc. (Wkrs) ...... San Francisco, CA ...... 10/26/2004 09/29/2004 55,858 ...... Orion Sewing Co. (Wkrs) ...... San Francisco, CA ...... 10/26/2004 09/29/2004 55,859 ...... C and H Fashions, Inc. (Wkrs) ...... San Francisco, CA ...... 10/26/2004 09/29/2004 55,860 ...... United States Ceramic Tile Co. (USWA) ...... East Sparta, OH ...... 10/26/2004 10/21/2004 55,861 ...... Northwest Pipe Co. (Wkrs) ...... Portland, OR ...... 10/26/2004 10/19/2004 55,862 ...... Piedmont home Textiles Corp. (Comp) ...... Walhalla, SC ...... 10/27/2004 10/22/2004 55,863 ...... Dorby-Frocks (UNITE) ...... New York, NY ...... 10/27/2004 10/27/2004 55,864 ...... Glass Group, Inc. (The) (Wkrs) ...... Park Hills, MO ...... 10/27/2004 10/02/2004 55,865 ...... Saint Gobain Container (State) ...... Maywood, CA ...... 10/27/2004 10/27/2004 55,866 ...... SCP Global Technologies, Inc. (Wkrs) ...... Boise, ID ...... 10/27/2004 10/06/2004 55,867 ...... Blue River Consulting, Inc. (NPS) ...... Denver, CO ...... 10/27/2004 10/25/2004 55,868 ...... TMT Picture Display Corp. of America (Comp) ...... Troy, OH ...... 10/27/2004 10/26/2004 55,869 ...... Teleplan International (Comp) ...... Norcross, GA ...... 10/27/2004 10/01/2004 55,870 ...... Philadelphia Binding and Trimming (Comp) ...... Philadelphia, PA ...... 10/27/2004 10/20/2004 55,871 ...... Merrow Machine Co. (IUE) ...... Newington, CT ...... 10/27/2004 10/16/2004 55,872 ...... Renfro Corporation (Comp) ...... Mr. Airy, NC ...... 10/27/2004 10/21/2004 55,873 ...... Santee Print Works (Comp) ...... Sumter, SC ...... 10/27/2004 10/25/2004 55,874A ...... Evansville Veneer (Comp) ...... High Point, NC ...... 10/27/2004 10/22/2004 55,874 ...... Evansville Veneer (Comp) ...... Chandler, IN ...... 10/27/2004 10/22/2004 55,875 ...... Hedstrom Corporation (Wkrs) ...... Hazlehurst, GA ...... 10/27/2004 10/13/2004 55,876 ...... Frito Lay, Inc. (BCTGM) ...... Beaverton, OR ...... 10/27/2004 10/22/2004 55,877 ...... EDS MAXTOR Subcontractor (State) ...... Longmont, CO ...... 10/27/2004 10/21/2004 55,878 ...... Jumpking (Comp) ...... Mesquite, TX ...... 10/27/2004 10/20/2004 55,879 ...... Sun Microsystems (Wkrs) ...... Newark, CA ...... 10/27/2004 10/25/2004 55,880 ...... Pitney Bowes (State) ...... Stamford, CT ...... 10/27/2004 10/22/2004 55,881 ...... Landis and Gyr, Inc. (Comp) ...... Lafayette, IN ...... 10/28/2004 10/27/2004 55,882 ...... Federal-Mogul Corporation (Comp) ...... Frankfort, IN ...... 10/28/2004 10/21/2004 55,883 ...... Hitachi Electronic Devices (USA), Inc. (Comp) ...... Greenville, SC ...... 10/28/2004 10/17/2004 55,884 ...... Jordan Fashions (UNITE) ...... Westbury, NY ...... 10/28/2004 10/20/2004 55,885 ...... Garner Automotive Electrical, Inc. (Comp) ...... Whiteville, TN ...... 10/28/2004 10/27/2004 55,886 ...... Whiting Manufacturing Co., Inc. (Comp) ...... Fairfield, OH ...... 10/28/2004 09/28/2004 55,887 ...... Woodbridge Corp. (State) ...... Whitmore Lake, MI ...... 10/29/2004 10/28/2004 55,888 ...... Trimtex Co., Inc. (Comp) ...... Williamsport, PA ...... 10/29/2004 10/29/2004 55,889 ...... The Glass Group Inc. (Wkrs) ...... Park Hills, MO ...... 10/29/2004 10/21/2004 55,890 ...... Gwinnett Medical Center (Wkrs) ...... Lawrenceville, GA ...... 10/29/2004 10/19/2004 55,891 ...... Wilsonart International Inc. (State) ...... Temple, TX ...... 10/29/2004 10/21/2004
[FR Doc. 04–25908 Filed 11–22–04; 8:45 am] BILLING CODE 4510–30–M
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DEPARTMENT OF LABOR (EA) in support of this action in Facilities’ (ML042310492, accordance with the requirements of 10 ML042320379, and ML042330385). On Employment and Training CFR part 51. Based on the EA, the NRC the basis of the EA, the NRC has Administration has concluded that a Finding of No concluded that the environmental [TA–W–54,952] Significant Impact (FONSI) is impacts from the proposed action are appropriate. The amendment will be expected to be insignificant and has VF Intimates, LP, Johnstown, PA; issued following the publication of this determined not to prepare an Dismissal of Application for Notice. environmental impact statement for the Reconsideration II. EA Summary proposed action. Pursuant to 29 CFR 90.18(C) an The purpose of the proposed action is IV. Further Information application for administrative to authorize the release of the licensee’s reconsideration was filed with the Delaware Technology Park facility in Documents related to this action, Director of the Division of Trade Newark, Delaware for unrestricted use. including the application for the license Adjustment Assistance for workers at The licensee’s Delaware Technology amendment and supporting VF Intimates, LP, Johnstown, Park facility was added to their NRC documentation, are available Pennsylvania. The application license on August 8, 1997, to use electronically at the NRC’s Agencywide contained no new substantial radioactive materials for research and Document Access and Management information which would bear development purposes. On July 16, System (ADAMS), which provides text importantly on the Department’s 2004, E.I. du Pont de Nemours and and image files of NRC’s public determination. Therefore, dismissal of Company, Inc. requested that NRC documents. The ADAMS accession the application was issued. release the Delaware Technology Park numbers for the documents related to TA–W–54,952; VF Intimates, LP Johnstown, facility for unrestricted use. E.I. du Pont this Notice are: ML043000055 (the de Nemours and Company, Inc. has Pennsylvania (October 8, 2004) Environmental Assessment), conducted surveys of the facility and ML042110242 (Initial Request), Signed at Washington, DC, this 15th day of determined that the facility meets the October 2004. license termination criteria in subpart E ML042660405 (Decommissioning Timothy Sullivan, of 10 CFR part 20. E.I. du Pont de Report), and ML042790369 Director, Division of Trade Adjustment Nemours and Company, Inc. will (Decommissioning Report—Revision 1). Assistance. continue licensed activities at another On October 25, 2004, the NRC [FR Doc. E4–3293 Filed 11–22–04; 8:45 am] location, as authorized by the license. terminated public access to ADAMS and BILLING CODE 4510–30–P The NRC staff has prepared an EA in initiated an additional security review support of the proposed license of publicly available documents to amendment. The facility was ensure that potentially sensitive NUCLEAR REGULATORY remediated and surveyed prior to the information is removed from the COMMISSION licensee requesting the license ADAMS database accessible through the amendment. The NRC staff has [Docket No. 030–20681] NRC’s web site. Interested members of reviewed the information and final the public may obtain copies of the Notice of Availability of Environmental status survey submitted by E.I. du Pont referenced documents for review and/or Assessment and Finding of No de Nemours and Company, Inc. Based copying by contacting the Public Significant Impact for License on its reviews, the staff has determined Document Room (PDR) pending Amendment for E.I. Du Pont de that there are no additional remediation resumption of public access to ADAMS. Nemours and Company, Inc.’s Facility activities necessary to complete the The NRC Public Documents Room is in Newark, DE proposed action. Therefore, the staff located at NRC Headquarters in considered the impact of the residual Rockville, MD, and can be contacted at AGENCY: Nuclear Regulatory radioactivity at the facility and (800) 397–4209, (301) 415–4737 or by e- Commission. concluded that since the residual mail to: [email protected]. ACTION: Notice of availability. radioactivity meets the requirements in subpart E of 10 CFR part 20, a Finding These documents may also be viewed FOR FURTHER INFORMATION CONTACT: of No Significant Impact is appropriate. electronically on the public computers Kathy Dolce Modes, Materials Security located at the NRC’s PDR, O 1 F21, One III. Finding of No Significant Impact & Industrial Branch, Division of Nuclear White Flint North, 11555 Rockville Materials Safety, Region I, 475 The staff has prepared the EA Pike, Rockville, MD 20852. The PDR Allendale Road, King of Prussia, (summarized above) in support of the reproduction contractor will copy Pennsylvania, 19406, telephone (610) proposed license amendment to release documents for a fee. 337–5251, fax (610) 337–5269; or by e- the facility for unrestricted use. The mail: [email protected]. NRC staff has evaluated E. I. du Pont de Dated at King of Prussia, Pennsylvania, this 16th day of November, 2004. SUPPLEMENTARY INFORMATION: Nemours and Company, Inc.’s request and the results of the surveys and has For The Nuclear Regulatory Commission. I. Introduction concluded that the completed action John D. Kinneman, The Nuclear Regulatory Commission complies with the criteria in subpart E Chief, Materials Security & Industrial Branch, (NRC) is considering the issuance of a of 10 CFR part 20. The staff has found Division of Nuclear Materials Safety, Region license amendment to E. I. du Pont de that the environmental impacts from the I. Nemours and Company, Inc. for proposed action are bounded by the [FR Doc. 04–25904 Filed 11–22–04; 8:45 am] Materials License No. 07–13441–02, to impacts evaluated by NUREG–1496, BILLING CODE 7590–01–P authorize release of its Delaware Volumes 1–3, ‘‘Generic Environmental Technology Park facility in Newark, Impact Statement in Support of Delaware for unrestricted use. NRC has Rulemaking on Radiological Criteria for prepared an Environmental Assessment License Termination of NRC-Licensed
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NUCLEAR REGULATORY proceeding and who wishes to proceeding must file a written request COMMISSION participate as a party in the proceeding for a hearing and a petition for leave to must file a written request for a hearing intervene. Requests for a hearing and a Biweekly Notice; Applications and and a petition for leave to intervene. petition for leave to intervene shall be Amendments to Facility Operating Normally, the Commission will not filed in accordance with the Licenses Involving No Significant issue the amendment until the Commission’s ‘‘Rules of Practice for Hazards Considerations expiration of 60 days after the date of Domestic Licensing Proceedings’’ in 10 publication of this notice. The CFR Part 2. Interested persons should I. Background Commission may issue the license consult a current copy of 10 CFR 2.309, Pursuant to section 189a. (2) of the amendment before expiration of the 60- which is available at the Commission’s Atomic Energy Act of 1954, as amended day period provided that its final PDR, located at One White Flint North, (the Act), the U.S. Nuclear Regulatory determination is that the amendment Public File Area 01F21, 11555 Rockville Commission (the Commission or NRC involves no significant hazards Pike (first floor), Rockville, Maryland. staff) is publishing this regular biweekly consideration. In addition, the Publicly available records will be notice. The Act requires the Commission may issue the amendment accessible from the Agencywide Commission publish notice of any prior to the expiration of the 30-day Documents Access and Management amendments issued, or proposed to be comment period should circumstances System’s (ADAMS) Public Electronic issued and grants the Commission the change during the 30-day comment Reading Room on the Internet at the authority to issue and make period such that failure to act in a NRC Web site, http://www.nrc.gov/ immediately effective any amendment timely way would result, for example in reading-rm/doc-collections/cfr/. (Note: to an operating license upon a derating or shutdown of the facility. Public access to ADAMS has been determination by the Commission that Should the Commission take action temporarily suspended so that security such amendment involves no significant prior to the expiration of either the reviews of publicly available documents hazards consideration, notwithstanding comment period or the notice period, it may be performed and potentially the pendency before the Commission of will publish in the Federal Register a sensitive information removed. Please a request for a hearing from any person. notice of issuance. Should the check the NRC Web site for updates on This biweekly notice includes all Commission make a final No Significant the resumption of ADAMS access.) If a notices of amendments issued, or Hazards Consideration Determination, request for a hearing or petition for proposed to be issued from October 29, any hearing will take place after leave to intervene is filed within 60 2004, through November 12, 2004. The issuance. The Commission expects that days, the Commission or a presiding last biweekly notice was published on the need to take this action will occur officer designated by the Commission or November 9, 2004 (69 FR 64984). very infrequently. by the Chief Administrative Judge of the Notice of Consideration of Issuance of Written comments may be submitted Atomic Safety and Licensing Board Amendments to Facility Operating by mail to the Chief, Rules and Panel, will rule on the request and/or Licenses, Proposed No Significant Directives Branch, Division of petition; and the Secretary or the Chief Administrative Services, Office of Hazards Consideration Determination, Administrative Judge of the Atomic Administration, U.S. Nuclear Regulatory and Opportunity for a Hearing Safety and Licensing Board will issue a Commission, Washington, DC 20555– notice of a hearing or an appropriate The Commission has made a 0001, and should cite the publication order. proposed determination that the date and page number of this Federal As required by 10 CFR 2.309, a following amendment requests involve Register notice. Written comments may petition for leave to intervene shall set no significant hazards consideration. also be delivered to Room 6D22, Two forth with particularity the interest of Under the Commission’s regulations in White Flint North, 11545 Rockville the petitioner in the proceeding, and 10 CFR 50.92, this means that operation Pike, Rockville, Maryland, from 7:30 how that interest may be affected by the of the facility in accordance with the a.m. to 4:15 p.m. Federal workdays. results of the proceeding. The petition proposed amendment would not (1) Copies of written comments received should specifically explain the reasons involve a significant increase in the may be examined at the Commission’s why intervention should be permitted probability or consequences of an Public Document Room (PDR), located with particular reference to the accident previously evaluated; or (2) at One White Flint North, Public File following general requirements: (1) The create the possibility of a new or Area O1F21, 11555 Rockville Pike (first name, address and telephone number of different kind of accident from any floor), Rockville, Maryland. (Note: the requestor or petitioner; (2) the accident previously evaluated; or (3) Public access to ADAMS has been nature of the requestor’s/petitioner’s involve a significant reduction in a temporarily suspended so that security right under the Act to be made a party margin of safety. The basis for this reviews of publicly available documents to the proceeding; (3) the nature and proposed determination for each may be performed and potentially extent of the requestor’s/petitioner’s amendment request is shown below. sensitive information removed. Please property, financial, or other interest in The Commission is seeking public check the NRC Web site for updates on the proceeding; and (4) the possible comments on this proposed the resumption of ADAMS access.) The effect of any decision or order which determination. Any comments received filing of requests for a hearing and may be entered in the proceeding on the within 30 days after the date of petitions for leave to intervene is requestor’s/petitioner’s interest. The publication of this notice will be discussed below. petition must also set forth the specific considered in making any final Within 60 days after the date of contentions which the petitioner/ determination. Within 60 days after the publication of this notice, the licensee requestor seeks to have litigated at the date of publication of this notice, the may file a request for a hearing with proceeding. licensee may file a request for a hearing respect to issuance of the amendment to Each contention must consist of a with respect to issuance of the the subject facility operating license and specific statement of the issue of law or amendment to the subject facility any person whose interest may be fact to be raised or controverted. In operating license and any person whose affected by this proceeding and who addition, the petitioner/requestor shall interest may be affected by this wishes to participate as a party in the provide a brief explanation of the bases
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for the contention and a concise [email protected]; or (4) No. 4, ‘‘Power Range Channel,’’ Item No. statement of the alleged facts or expert facsimile transmission addressed to the 7, ‘‘Reactor Coolant Temperature opinion which support the contention Office of the Secretary, U.S. Nuclear Channel,’’ Item No. 8, ‘‘High Reactor and on which the petitioner/requestor Regulatory Commission, Washington, Coolant Pressure Channel,’’ Item No. 9, intends to rely in proving the contention DC, Attention: Rulemakings and ‘‘Low Reactor Coolant Pressure at the hearing. The petitioner/requestor Adjudications Staff at (301) 415–1101, Channel,’’ Item No. 10,’’ Flux-Reactor must also provide references to those verification number is (301) 415–1966. Coolant Flow Comparator,’’ Item No. 11, specific sources and documents of A copy of the request for hearing and ‘‘Reactor Coolant Pressure-Temperature which the petitioner is aware and on petition for leave to intervene should Comparator,’’ Item No. 12, ‘‘Pump Flux which the petitioner/requestor intends also be sent to the Office of the General Comparator,’’ Item No. 13, ‘‘High to rely to establish those facts or expert Counsel, U.S. Nuclear Regulatory Reactor Building Pressure Channel,’’ opinion. The petition must include Commission, Washington, DC 20555– Item No. 45, ‘‘Loss of Feedwater Reactor sufficient information to show that a 0001, and it is requested that copies be Trip,’’ and Item No. 46, ‘‘Turbine Trip/ genuine dispute exists with the transmitted either by means of facsimile Reactor Trip.’’ The TS Section 4.1 Bases applicant on a material issue of law or transmission to 301–415–3725 or by e- would be revised to reflect the proposed fact. Contentions shall be limited to mail to [email protected]. A copy change from monthly to semi-annually matters within the scope of the of the request for hearing and petition and to specify that one channel is being amendment under consideration. The for leave to intervene should also be tested every 46 days on a continual contention must be one which, if sent to the attorney for the licensee. sequential rotation, which is consistent proven, would entitle the petitioner/ Nontimely requests and/or petitions with the calculations of BAW–10167A, requestor to relief. A petitioner/ and contentions will not be entertained Supplement 1, and associated Nuclear requestor who fails to satisfy these absent a determination by the Regulatory Commission Safety requirements with respect to at least one Commission or the presiding officer of Evaluation Report that indicate that the contention will not be permitted to the Atomic Safety and Licensing Board reactor protection system retains a high participate as a party. that the petition, request and/or the level of reliability for this test interval. Those permitted to intervene become contentions should be granted based on The proposed change would also revise parties to the proceeding, subject to any a balancing of the factors specified in 10 TS Table 4.1–1 functional testing limitations in the order granting leave to CFR 2.309(a)(1)(i)–(viii). surveillance interval from monthly to intervene, and have the opportunity to For further details with respect to this quarterly for the following reactor participate fully in the conduct of the action, see the application for protection system reactor trip devices: hearing. amendment which is available for Table 4.1–1, Item No. 1, ‘‘Protection If a hearing is requested, and the public inspection at the Commission’s Channel Coincidence Logic,’’ and Item Commission has not made a final PDR, located at One White Flint North, No. 2, ‘‘Control Rod Drive Trip Breaker determination on the issue of no Public File Area 01F21, 11555 Rockville and Regulating Rod Power SCRs.’’ The significant hazards consideration, the Pike (first floor), Rockville, Maryland. TS Section 4.1 Bases would be revised Commission will make a final Publicly available records will be to reflect the proposed change from determination on the issue of no accessible from the Agencywide monthly to quarterly testing and to significant hazards consideration. The Documents Access and Management specify that one channel is being tested final determination will serve to decide System’s (ADAMS) Public Electronic every 23 days on a continual sequential when the hearing is held. If the final Reading Room on the Internet at the rotation, which is consistent with the determination is that the amendment NRC Web site, http://www.nrc.gov/ calculations of BAW–10167A, request involves no significant hazards reading-rm/adams.html. (Note: Public Supplement 3, February 1998, and the consideration, the Commission may access to ADAMS has been temporarily NRC SER for BAW–10167A, issue the amendment and make it suspended so that security reviews of Supplement 3, dated January 7, 1998, immediately effective, notwithstanding publicly available documents may be that indicate that the reactor trip system the request for a hearing. Any hearing performed and potentially sensitive retains a high level of reliability for this held would take place after issuance of information removed. Please check the test interval. the amendment. If the final NRC Web site for updates on the Basis for proposed valuated no determination is that the amendment resumption of ADAMS access.) If you significant hazards consideration request involves a significant hazards do not have access to ADAMS or if there determination: As required by 10 CFR consideration, any hearing held would are problems in accessing the 50.91(a), the licensee has provided its take place before the issuance of any documents located in ADAMS, contact analysis of the issue of no significant amendment. the NRC PDR Reference staff at 1–800– hazards consideration, which is A request for a hearing or a petition 397–4209, 301–415–4737 or by e-mail to presented below: for leave to intervene must be filed by: [email protected]. (1) First class mail addressed to the 1. Does the proposed change involve a Office of the Secretary of the AmerGen Energy Company, LLC, Docket significant increase in the probability or No. 50–289, Three Mile Island Nuclear consequences of an accident previously Commission, U.S. Nuclear Regulatory evaluated? Commission, Washington, DC 20555– Station, Unit 1 (TMI–1), Dauphin County, Pennsylvania Response: No. 0001, Attention: Rulemaking and The reactor protection system monitors Adjudications Staff; (2) courier, express Date of amendment request: October parameters related to safe operation and trips mail, and expedited delivery services: 20, 2004. the reactor to protect the reactor core against Office of the Secretary, Sixteenth Floor, Description of amendment request: fuel cladding damage. It also assists in One White Flint North, 11555 Rockville The proposed change would revise protecting against reactor coolant system Pike, Rockville, Maryland, 20852, Technical Specification (TS) Table 4.1– damage caused by high system pressure by limiting energy input to the system through Attention: Rulemaking and 1 functional testing surveillance interval reactor trip action. Therefore, this change has Adjudications Staff; (3) E-mail from monthly to semi-annually for the no impact on the probability of an accident addressed to the Office of the Secretary, following reactor protection system previously evaluated. The results of the U.S. Nuclear Regulatory Commission, instrument channels: Table 4.1–1, Item reliability analyses conducted in accordance
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with NRC [Nuclear Regulatory Commission] Carolina Power & Light Company, a new or different kind of accident from any approved methodology and criteria show that Docket No. 50–261, H. B. Robinson accident previously evaluated. the test interval extension of the reactor Steam Electric Plant, Unit No. 2, 3. Do the proposed changes involve a protection system instrument channels and Darlington County, South Carolina significant reduction in the margin of safety? reactor trip devices is not a significant The proposed changes, as previously contributor to trip system unavailability or Date of amendment request: August described, ensure that the margin of safety for the risk of core damage. The reactor 20, 2004. the applicable fission product barriers that protection system instrument channel and Description of amendment request: are protected by these functions will reactor trip device functional test The proposed amendment would revise continue to be maintained. This conclusion surveillance program will continue to ensure the Allowable Values for the following is based on the use of a valid setpoint that the reactor protection system is capable Reactor Protection System (RPS) methodology for determining the Allowable of performing its intended safety function instrumentation functions: Intermediate Values for the reactor protection and during a design basis accident. Range Neutron Flux, Reactor Coolant engineered safety feature actuation functions. Therefore, this change has no effect on the Therefore, these changes do not involve a consequences of an accident previously Flow—Low, Steam Generator Water Level—Low Coincident with Steam significant reduction in the margin of safety. evaluated. Based on the preceding discussion, the Therefore, the proposed change does not Flow/Feedwater Flow Mismatch, and requested changes do not involve a involve a significant increase in the Intermediate Range Neutron Flux (P–6) significant hazards consideration. probability or consequences of an accident Interlock. Additionally, these changes previously evaluated. revise the Allowable Value for the The NRC staff has reviewed the 2. Does the proposed change create the Engineered Safety Feature Actuation licensee’s analysis and, based on this possibility of a new or different kind of System Instrumentation function for accident from any accident previously review, it appears that the three evaluated? High Steam Flow in Two Steam Lines standards of 10 CFR 50.92(c) are Response: No. Coincident with Steam Line Pressure— satisfied. Therefore, the NRC staff The proposed change involves the reactor Low. Also the proposed amendment proposes to determine that the protection system instrument channel and would delete an unnecessary footnote amendment request involves no reactor trip device surveillance test interval, associated with the applicability for the significant hazards consideration. which is not, in and of itself, considered to Automatic Trip Logic RPS be an accident initiator. Postulated failure of Attorney for licensee: Steven R. Carr, instrumentation function. Associate General Counsel—Legal the reactor protection system instrument Basis for proposed no significant Department, Progress Energy Service channel or reactor trip device to function is hazards consideration determination: an analyzed condition and does not Company, LLC, Post Office Box 1551, As required by 10 CFR 50.91(a), the constitute a new or different kind of accident. Raleigh, North Carolina 27602. The proposed change does not create any licensee has provided its analysis of the new failure modes not bounded by issue of no significant hazards NRC Section Chief: Michael L. previously analyzed accidents. consideration, which is presented Marshall. Therefore, the proposed change does not below: Duke Energy Corporation, et al., Docket create the possibility of a new or different 1. Do the proposed changes involve a Nos. 50–413 and 50–414, Catawba kind of accident from any accident significant increase in the probability or Nuclear Station, Units 1 and 2, York previously evaluated. consequences of an accident previously 3. Does the proposed change involve a County, South Carolina; Docket Nos. evaluated? 50–369 and 50–370, McGuire Nuclear significant reduction in a margin of safety? The proposal to revise the Allowable Response: No. Values for the affected reactor protection and Station, Units 1and 2, Mecklenburg The results of the reliability analysis engineered safety feature actuation functions County, North Carolina; Docket Nos. conducted in accordance with NRC approved was developed in accordance with the 50–269, 50–270, and 50–287, Oconee methodology and criteria show that the test current setpoint methodology for HBRSEP Nuclear Station, Units 1, 2, and 3, interval extension of the reactor protection [H. B. Robinson Steam Electric Plant], Unit Oconee County, South Carolina system instrument channels and reactor trip No. 2, thus ensuring that the probability and devices is not a significant contributor to trip consequences of previously evaluated Date of amendment request: system unavailability or the risk of core accidents are not significantly increased. The September 28, 2004. damage. The Technical Specifications will proposed deletion of the unnecessary continue to require the reactor protection footnote associated with the Automatic Trip Description of amendment request: system trip setpoints to remain within the Logic reactor protection instrumentation The proposed amendment would delete assumptions of the accident analysis and that function does not change the requirements Technical Specification (TS) 5.6.1, adequate reliability of the reactor protection for operability of this function. Therefore, the ‘‘Occupational Radiation Exposure system trip devices is maintained, thus proposed changes do not involve a Report,’’ and TS 5.6.4, ‘‘Monthly preserving existing margins of safety. significant increase in the probability or Operating Reports.’’ Therefore, the proposed change does not consequences of an accident previously involve a significant reduction in a margin of evaluated, because the factors that are used The NRC staff issued a notice of safety. to determine the probability and availability of a model no significant consequences of accidents are not being hazards consideration (NSHC) The NRC staff has reviewed the affected. licensee’s analysis and, based on this determination for referencing in license 2. Do the proposed changes create the amendment applications in the Federal review, it appears that the three possibility of a new or different kind of standards of 10 CFR 50.92(c) are accident from any previously evaluated? Register on June 23, 2004 (69 FR 35067). satisfied. Therefore, the NRC staff The proposed changes will continue to The licensee affirmed the applicability proposes to determine that the ensure that the operability of the previously of the model NSHC determination in its amendment request involves no described functions will be appropriately application dated September 28, 2004. significant hazards consideration. maintained. No physical changes to the Basis for proposed no significant HBRSEP, Unit No. 2, systems, structures, or hazards consideration determination: Attorney for licensee: Thomas S. components are being implemented. There O’Neill, Associate General Counsel, are no new or different accident initiators or As required by 10 CFR 50.91(a), an AmerGen Energy Company, LLC, 4300 sequences being created by the proposed analysis of the issue of no significant Winfield Road, Warrenville, IL 60555. Technical Specifications changes. Therefore, hazards consideration is presented NRC Section Chief: Richard J. Laufer. these changes do not create the possibility of below:
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Criterion 1—The proposed change does not System Instrumentation,’’ to modify changes do not alter the accident analyses involve a significant increase in the steam generator (SG) level allowable that credit actuation based on SG water level, probability or consequences of an accident value setpoints. The proposed changes the proposed change does not create the previously evaluated? address recent generic issues involving possibility of a new or different [kind of] The proposed change eliminates the TS accident from any accident previously new SG level uncertainty considerations evaluated. reporting requirements to provide a monthly and margins associated with operating report of shutdown experience and 3. Does the proposed change involve a operating statistics if the equivalent data is Westinghouse-designed SGs. significant reduction in a margin of safety? submitted using an industry electronic Basis for proposed no significant No. The Reactor Trip System and database. It also eliminates the TS reporting hazards consideration determination: Engineered Safety Feature Actuation System requirement for an annual occupational As required by 10 CFR 50.91(a), the setpoint analysis methodology and radiation exposure report, which provides licensee has provided its analysis of the acceptance criteria provide the margin of information beyond that specified in NRC issue of no significant hazards safety. The SG water level-low-low and SG regulations. The proposed change involves consideration, which is presented water level-high-high actuation setpoint and no changes to plant systems or accident below: allowable value have been calculated using analyses. As such, the change is the same methodology as previously administrative in nature and does not affect 1. Does the proposed change involve a approved for the BVPS Unit No. 1 and No. initiators of analyzed events or assumed significant increase in the probability or 2 while addressing newly identified mitigation of accidents or transients. consequences of an accident previously considerations needed to protect the limits Therefore, the proposed change does not evaluated? used in the safety analyses. The applicable involve a significant increase in the No. The SG water level-low-low setpoint safety analyses have been performed and probability or consequences of an accident and allowable value have been revised to show acceptable results. Therefore, the previously evaluated. address Westinghouse Nuclear Safety proposed change does not involve a Advisory Letter NSAL–03–9 and other significant reduction in a margin of safety. Criterion 2—The proposed change does not considerations on steam generator water level create the possibility of a new or different uncertainties. The revised setpoint and The NRC staff has reviewed the kind of accident from any accident allowable value calculations continues to licensee’s analysis and, based on this previously evaluated? follow the setpoint methodology previously review, it appears that the three The proposed change does not involve a approved for BVPS Unit No. 1 and No. 2 standards of 10 CFR 50.92(c) are physical alteration of the plant, add any new while addressing newly identified level satisfied. Therefore, the NRC staff equipment, or require any existing uncertainty considerations. The proposed equipment to be operated in a manner changes to the SG water level-low-low proposes to determine that the different from the present design. Therefore, Allowable Value for BVPS Unit No. 1 and amendment request involves no the proposed change does not create the No. 2 and to the SG water level-high-high significant hazards consideration. possibility of a new or different kind of Allowable Value for BVPS Unit No. 2 Attorney for licensee: Mary O’Reilly, accident from any accident previously continue [to] maintain the validity of the FirstEnergy Nuclear Operating evaluated. safety analysis limits used in the safety Company, FirstEnergy Corporation, 76 analyses that credit the actuations based on Criterion 3—The proposed change does not South Main Street, Akron, OH 44308. SG water level. involve a significant reduction in a margin of The proposed changes do not alter the NRC Section Chief: Richard J. Laufer. safety? causes for any accident described in the Nebraska Public Power District, Docket This is an administrative change to Updated Final Safety Analysis Report No. 50–298, Cooper Nuclear Station, reporting requirements of plant operating (UFSAR) that credit the SG water level information and occupational radiation setpoint actuations. Therefore, they do not Nemaha County, Nebraska exposure data, and has no effect on plant involve a significant increase in the Date of amendment request: October equipment, operating practices or safety probability of an accident previously 25, 2004. analyses assumptions. For these reasons, the evaluated. proposed change does not involve a The proposed changes do not alter the Description of amendment request: significant reduction in the margin of safety. accident analyses that credit the SG water The proposed amendment would revise Technical Specification 2.1.1.2 for the Based upon the reasoning presented level-low-low setpoint actuation or the associated accident acceptance criteria. dual recirculation loop and single above, the requested change does not Therefore, they do not involve a significant recirculation loop Safety Limit involve significant hazards increase in the consequences of an accident Minimum Critical Power Ratio consideration. previously evaluated. (SLMCPR) values to reflect results of a Attorney for licensee: Ms. Lisa F. 2. Does the proposed change create the cycle specific calculation. Vaughn, Legal Department (PB05E), possibility of a new or different kind of Basis for proposed no significant Duke Energy Corporation, 422 South accident from any accident previously hazards consideration determination: Church Street, Charlotte, North Carolina evaluated? As required by 10 CFR 50.91(a), the 28201–1006. No. The SG water level-low-low setpoint NRC Section Chief: Mary Jane Ross- and allowable value have been revised to licensee has provided its analysis of the address Westinghouse Nuclear Safety Lee, Acting. issue of no significant hazards Advisory letter NSAL–03–9 and other consideration, which is presented FirstEnergy Nuclear Operating considerations on steam generator water level below: Company, et al., Docket Nos. 50–334 uncertainties. Implementation of the 1. Do the proposed changes involve a and 50–412, Beaver Valley Power proposed setpoint changes have no significant effect on either the configuration significant increase in the probability or Station, Unit Nos. 1 and 2 (BVPS–1 and of the plant, or the manner in which the consequences of an accident previously 2), Beaver County, Pennsylvania plant is operated. The proposed changes to evaluated? Date of amendment request: October the SG water level-low-low allowable value Response: No. 5, 2004. for BVPS Unit No. 1 and No. 2 and to the SG The probability of an evaluated accident is Description of amendment request: water level-high-high allowable value for derived from the probabilities of the individual precursors to that accident. The proposed amendments would BVPS Unit No. 2 continue to maintain the validity of the safety analysis limits used in Changing the SLMCPR does not increase the revise Technical Specifications (TSs) 3/ the safety analyses that credit the actuations probability of an evaluated accident. The 4.3.1, ‘‘Reactor Trip System based on SG water level. change does not require any physical plant Instrumentation,’’ and 3/4.3.2, Therefore, since the plant configuration is modifications, physically affect any plant ‘‘Engineered Safety Feature Actuation not adversely changed and the proposed components, or entail changes in plant
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operation. Therefore, no individual boiling during normal operation as well as proposed changes to the UFSAR would not precursors of an accident are affected. anticipated operational occurrences) are met. change any response to a fire event. Also, the The consequences of an evaluated accident Based on the above NPPD concludes that probability of occurrence or the are determined by the operability of plant the proposed changes do not involve a consequences for an accident or malfunction systems designed to mitigate those significant reduction in a margin of safety. of equipment is not increased by the consequences. Limits have been established, The NRC staff has reviewed the proposed changes since the response to a fire consistent with NRC approved methods, to event would not change and the fire brigade ensure that fuel performance during normal, licensee’s analysis and, based on this would continue to respond rapidly to any transient, and accident conditions is review, it appears that the three fires or fire alarms. Further, the proposed acceptable. The proposed change standards of 10 CFR 50.92(c) are changes do not alter the way any structure, conservatively establishes the safety limit for satisfied. Therefore, the NRC staff system, or component (SSC) functions, do the minimum critical power ratio (SLMCPR) proposes to determine that the not modify the manner in which the plant is for Cooper Nuclear Station Cycle 23 such that amendment request involves no operated, and do not significantly alter the fuel is protected during normal operation significant hazards consideration. equipment out-of-service time. Changing the and during any plant transients or Attorney for licensee: Mr. John R. CO2 concentration requirement in the 4160 anticipated operational occurrences. McPhail, Nebraska Public Power Volt Switchgear Rooms, 460 Volt Switchgear The proposed change revises the SLMCPR District, Post Office Box 499, Columbus, Rooms and Lower Penetration Area Rooms at to protect the fuel during normal operation Salem Units 1 and 2 does not change the as well as during any transients or NE 68602–0499. probability or consequences of any accident anticipated operational occurrences. NRC Acting Section Chief: Michael K. and dose consequences are unaffected. No Operational limits Minimum Critical Power Webb. changes to the design of structures, systems, Ratio (MCPR) are established based on the or components (SSC) are made and there are proposed SLMCPR to ensure that the PSEG Nuclear LLC, Docket Nos. 50–272 and 50–311, Salem Nuclear Generating no effects on accident mitigation. SLMCPR is not violated during all modes of Therefore, the proposed changes do not operation. This will ensure that the fuel Station, Unit Nos. 1 and 2, Salem involve a significant increase in the design safety criteria (i.e., that at least 99.9% County, New Jersey probability or consequence of an accident of the fuel rods do not experience transition Date of amendment request: April 15, previously evaluated. boiling during normal operation and 2004. 2. Does the proposed change create the anticipated operational occurrences) is met. Description of amendment request: possibility of a new or different kind of Since the operability of plant systems accident from any accident previously designed to mitigate any consequences of The proposed change would modify the Salem Updated Final Safety Analysis evaluated? accidents has not changed, the consequences Response: No. of an accident previously evaluated are not Report (UFSAR) with respect to fire The possibility of a new or different kind expected to increase. protection requirements for the 4160 of accident from any accident or malfunction Based on the above NPPD [Nebraska Public Volt Switchgear Rooms, 460 Volt in the Salem Updated Final Safety Analysis Power District] concludes that the proposed Switchgear Rooms, and the Lower Report (UFSAR) is not created. The design changes do not involve a significant increase Electrical Penetration Area Rooms. basis event applicable to the proposed in the probability or consequences of an Specifically, the amendment would change is a fire in the 4160 Volt Switchgear accident previously evaluated. reduce the UFSAR description of the Rooms, 460 Volt Switchgear Rooms and 2. Do the proposed changes create the Lower Penetration Area Rooms at Salem possibility of a new or different kind of Carbon Dioxide Tank volume from being able to provide two full discharges Units 1 and 2. Therefore a different accident accident from any accident previously is not created. In addition, the proposed evaluated? to an affected room to one full and one changes cannot initiate an accident. Further, Response: No. partial discharge to an affected room. the proposed changes to the UFSAR do not Creation of the possibility of a new or Additionally, the assumed ability of the change the design function or operation of different kind of accident would require the Carbon Dioxide system would be any SSCs. creation of one or more new precursors of reduced from an ability to produce a Therefore, the proposed changes do not that accident. New accident precursors may CO2 concentration of 50% for 30 create the possibility of a new or different be created by modifications of the plant minutes to an ability to produce a CO2 kind of accident from any accident configuration or changes in allowable modes previously evaluated. of operation. The proposed change does not concentration of 27.6% for a length of time sufficient to suppress a fire and 3. Does the change involve a significant involve any modifications of the plant reduction in a margin of safety? configuration or allowable modes of allow the PSEG Nuclear Fire Response: No. operation. The proposed change to the Department to respond. The reduction in CO2 concentration SLMCPR assures that safety criteria are Basis for proposed no significant provides ample response time for the onsite maintained for Cycle 23. hazards consideration determination: dedicated fire brigade to respond to a fire Based on the above NPPD concludes that As required by 10 CFR 50.91(a), the event and a 20% safety factor in CO2 the proposed changes do not create the licensee has provided its analysis of the concentration remains. The proposed possibility of a new or different kind of issue of no significant hazards changes do not affect the ability to safely accident from any previously evaluated. consideration, which is presented shutdown and maintain the shutdown 3. Do the proposed changes involve a below: conditions of either unit following a fire in significant reduction in a margin of safety? the affected areas. The proposed changes do Response: No. 1. Does the proposed change involve a not rely on compensatory measures or The value of the proposed SLMCPR significant increase in the probability or actions deviating from the licensing or design provides a margin of safety by ensuring that consequences of an accident previously basis. In addition, the proposed changes do no more than 0.1% of the rods are expected evaluated? not change the margin of safety since no to be in boiling transition if the MCPR limit Response: No. SSCs are changed. The results of accident is not violated. The proposed change will The likelihood of a fire event is not analysis remain unchanged by the proposed ensure the appropriate level of fuel increased since the proposed change does not changes to the UFSAR. protection is maintained. Additionally, alter the fire hazards contained in the plant. Therefore, the proposed changes do not operational limits are established based on The ability to achieve and maintain safe involve a significant reduction in a margin of the proposed SLMCPR to ensure that the shutdown in the event of a fire is not safety. SLMCPR is not violated during all modes of impacted by the reduction of CO2 operation. This will ensure that the fuel concentration, since the Fire Brigade will The NRC staff has reviewed the design safety criteria (i.e., that at least 99.9% respond in ample time and extinguish a fire licensee’s analysis and, based on this of the fuel rods do not experience transition using alternate means. In addition, the review, it appears that the three
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standards of 10 CFR 50.92(c) are consequences of an accident previously methodology has been previously review[ed] satisfied. Therefore, the NRC staff evaluated. and approved by the NRC. The proposed RTS proposes to determine that the Nuclear Steam Supply System Evaluations and ESFAS Allowable Value changes will not amendment request involves no for Replacement Steam Generators initiate any accidents; therefore, they do not increase the probability of an accident significant hazards consideration. As discussed in the NSSS Licensing Report previously evaluated in the FSAR. The Attorney for licensee: Jeffrie J. Keenan, (Appendix A to this amendment application), comprehensive analytical effort performed to all acceptance criteria continue to be met. All Esquire, Nuclear Business Unit—N21, support the proposed RSG conditions P.O. Box 236, Hancocks Bridge, NJ major NSSS components (e.g., Reactor Vessel, Pressurizer, RCPs [(reactor coolant included a reanalysis or evaluation of all 08038. accident analyses that are impacted by the NRC Section Chief: James W. Clifford. pumps)], Steam Generators, etc.) have been assessed with respect to bounding conditions revised RTS and ESFAS Allowable Values. Union Electric Company, Docket No. expected for replacement steam generator All systems will function as designed. 50–483, Callaway Plant, Unit 1, (RSG) conditions. In all cases operation has The decrease in the Maximum Allowable Power for 3 OPERABLE MSSVs [main steam Callaway County, Missouri been found to be acceptable. Major systems and subsystems (e.g., safety injection, RHR safety valves] per SG from < 49% of Rated Date of application request: [residual heat removal], etc.) have been Thermal Power to < 45% of Rated Thermal September 17, 2004. reviewed and acceptable performance has Power resulted from the analyses and Description of amendment request: been verified for their normal operation and, evaluations performed to support plant The amendment is to support the as applicable, for their safety-related operation at the proposed RSG conditions. replacement of the steam generators functions. All reactor trip and ESFAS The accident analysis acceptance criteria (SGs) at Callaway during the refueling actuation setpoints have been assessed, and continue to be met with these changes. These the proposed setpoint modifications will proposed plant system changes do not outage in the Fall of 2005. The increase the probability of an accident amendment would (1) change the assure adequate protection is afforded for all design basis events. previously evaluated in the FSAR. The affected technical specifications (TSs) The reactor core safety limits have been comprehensive analytical effort performed to such as the reactor core safety limits (TS revised based on the RSG project parameters. support the proposed RSG conditions has 2.1.1), reactor trip system (RTS) and All of the acceptance criteria for the accident included a review and evaluation of all engineered safety feature actuation analyses (e.g., DNBR [departure from components and systems (including interface system (ESFAS) instrumentation (TSs nucleate boiling ratio] limits, fuel centerline systems and control systems) that could be 3.3.1 and 3.3.2), reactor coolant system temperatures, etc.) continue to be met with affected by this change. All systems will (RCS) limits (TS 3.4.1), RCS loops (TSs the revised safety limit lines. Therefore, the function as designed. The change in the 3.4.5, 3.4.6, and 3.4.7), RCS operational revised core safety limit line changes are manner in which the Reactor Coolant Flow— Low Allowable Value is defined (while leakage (TS 3.4.13), SG tube integrity acceptable. The proposed changes to the reactor core safety limits will not initiate any retaining the same numerical value), the (new TS 3.4.17), main steam safety accidents; therefore, they do not increase the change in the manner in which RCS average valves (TS 3.7.1), SG surveillance probability of an accident previously temperature is defined and the reduced program (TS 5.5.9), containment evaluated in the FSAR [Callaway Final Safety upper limit for nominal T-avg [average integrated leakage rate testing (ILRT) Analysis Report]. The comprehensive temperature] at full power conditions in the program (TS 5.5.16), and SG inspection analytical efforts performed to support the Overtemperature DT [delta temperature] and report (TS 5.6.10); (2) revise the affected proposed RSG conditions include a Overpower DT setpoint equations, and the transient analyses such as excessive reanalysis or evaluation of all accident changes to the pressurizer pressure and RCS increase in secondary steam flow event, analyses that are impacted by the revised average temperature limits in the DNB LCO loss of normal feedwater event, transient reactor core safety limits. [departure from nucleate boiling limiting The changes in various SG-related RTS and condition for operation] [TS] 3.4.1 have also mass and energy releases, radiological ESFAS Allowable Values have resulted from been evaluated. None of these proposed consequences of associated events, and the analyses performed to support plant changes will initiate any accidents; therefore, containment pressure/temperature operation at the proposed RSG conditions. the probability of an accident has not been responses; and (3) revise nuclear steam Setpoint uncertainty calculations confirm the increased. and supply system (NSSS) design acceptability of these revised Allowable The potential dose consequences have parameters and transients, and fatigue Values. The affected RTS and ESFAS been analyzed with respect to the above usage factors and stresses for the Allowable Values have been modified to changes collectively. The dose increases are replacement SGs. The amendment reflect the results of updated setpoint less than minimal (i.e., <10% of the margin involves the following areas of change calculations based on plant-specific between the regulatory limits and the uncertainties, calibration practices, to the license: nuclear steam supply currently reported doses). The applicable calibration equipment, and installed dose acceptance criteria continue to be met. system evaluations for the replacement hardware and procedures. The Allowable Therefore, the proposed changes do not steam generators, trip time delay (TTD) Values were calculated using the same involve a significant increase in the elimination for certain RTS and ESFAS Westinghouse setpoint methodology used for probability or consequences of an accident functions, the SG surveillance program the current trip setpoints, but improved in a previously evaluated. conservative fashion to include refinements in Technical Specification Task Force Trip Time Delay Elimination (TSTF) No. 449 (TSTF–449), and the that better reflect plant calibration practices This design change will eliminate only the post-modification containment ILRT and equipment performance. These refinements include the incorporation of a Trip Time Delay portion of the SG Water exception. sensor reference accuracy term to address Level Low-Low trip functions and return that Basis for proposed no significant repeatability effects when performing a single portion of the design to condition that hazards consideration determination: pass calibration (i.e., one up and one down existed prior to Callaway Amendment 43 As required by 10 CFR 50.91(a), the pass at several points verifies linearity and dated April 14, 1989. The coincidence logic licensee has provided its analysis of the hysteresis, but not repeatability). In addition, in the Solid State Protection System will be issue of no significant hazards sensor and rack error terms for calibration unaffected. In all other regards, the design of consideration for the above areas of accuracy and drift are grouped in the the RTS and ESFAS instrumentation will be review, which is presented below (with Channel Statistical Allowance equation with unaffected. These protection systems will the terms defined in the plant Technical their dependent measurement and test continue to function in a manner consistent equipment (M&TE) terms, then combined with the plant design basis. All design, Specifications capitalized): with the other independent error terms using material, and construction standards that 1. The proposed changes do not involve a the square root sum of the squares (SRSS) were applicable prior to this amendment significant increase in the probability or methodology. This improved setpoint request are maintained.
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The probability and consequences of criteria are only a part of the Steam Generator during an accident. Therefore, adding a accidents previously evaluated in the FSAR Program required by the proposed change to Technical Specification exception from the are not adversely affected because the TS 5.5.9. The program, defined by NEI steam generator replacement post- removal of the trip time delay circuitry [Nuclear Energy Institute] 97–06, Steam modification integrated leak rate testing assures a faster response by the affected trip Generator Program Guidelines, includes a requirements does not involve a significant functions, consistent with the safety analysis framework that incorporates a balance of increase in the probability or consequences acceptance criteria and the original plant prevention, inspection, evaluation, repair, of an accident previously evaluated. licensing basis. and leakage monitoring. 2. The proposed changes do not create the The proposed change will not affect the The consequences of design basis accidents possibility of a new or different kind of probability of any event initiators. There will are, in part, functions of the DOSE accident from any accident previously be no degradation in the performance of, or EQUIVALENT I–131 in the primary coolant evaluated. an increase in the number of challenges and the primary to secondary LEAKAGE Nuclear Steam Supply System Evaluations imposed on, safety-related equipment rates resulting from an accident. Therefore, for Replacement Steam Generators assumed to function during an accident limits are included in TS 3.4.13 for RCS situation. There will be no change to normal Operational leakage and in TS 3.4.16 for No new accident scenarios, transient plant operating parameters or accident DOSE EQUIVALENT I–131 in the primary precursors, failure mechanisms, or limiting mitigation performance. coolant to ensure the plant is operated within single failures are introduced as a result of The proposed change will not alter any its analyzed condition. The radiological this amendment. There will be no adverse assumptions or change any mitigation actions consequence analyses at Callaway Plant effect or challenges imposed on any safety- in the radiological consequence evaluations assume that the primary to secondary related system as a result of this amendment. in the FSAR. LEAKAGE rate is 1 gpm (more conservative This amendment does not alter the safe Therefore, the proposed TTD elimination than the limit in TS 3.4.13), and that the performance of the plant protection systems does not involve a significant increase in the reactor coolant activity levels of DOSE to trip the reactor when necessary or actuate probability or consequences of an accident EQUIVALENT I–131 are at the TS 3.4.16 ESF [engineered safety feature] systems. previously evaluated. limits. Therefore, the proposed changes do not The proposed TSTF–449 changes reflect create the possibility of a new or different TSTF–449 Generic Licensing Change kind of accident from any previously Package the design of the replacement SGs, but do not affect their method of operation or primary evaluated. This proposed change requires a Steam or secondary coolant chemistry controls. The Trip Time Delay Elimination Generator Program that includes performance proposed changes update the TS and criteria that will provide reasonable No new accident scenarios, transient enhance the requirements for SG inspections. precursors, failure mechanisms, or limiting assurance that the steam generator (SG) The proposed changes do not adversely tubing will retain integrity over the full range single failures are introduced as a result of impact the conclusions of any previously this amendment. There will be no adverse of operating conditions (including startup, evaluated design basis accident and are an operation in the power range, hot standby, effect or challenges imposed on any safety- improvement over the existing TS. related system as a result of this amendment. cooldown, and all anticipated transients Therefore, this proposed change to included in the design specification). The SG This amendment does not alter the safe implement TSTF–449 does not affect the performance of the plant protection systems performance criteria are based on tube consequences of a SGTR accident and the structural integrity, accident induced to trip the reactor when necessary or actuate probability of such an accident is reduced. In ESF systems. leakage, and operational LEAKAGE. addition, this proposed change does not A steam generator tube rupture (SGTR) Therefore, this proposed change does not affect the consequences of an MSLB, rod create the possibility of a new or different event is one of the design basis accidents that ejection, reactor coolant pump locked rotor, are analyzed as part of a plant’s licensing kind of accident from any previously or any other accident event involving the evaluated. basis. In the analysis cases for the SGTR potential release of radioactive fluids from event at Callaway Plant, a primary to the secondary side of Callaway Plant. TSTF–449 Generic Licensing Change secondary LEAKAGE rate of 1 gallon per [Therefore, this proposed change does not Package minute (gpm) to the unaffected SGs is involve a significant increase in the The proposed performance based assumed, in excess of the RCS Operational probability or consequences of an accident requirements are an improvement over the LEAKAGE rate limit in TS 3.4.13, and the previously evaluated.] requirements imposed by the existing TS. LEAKAGE rate associated with a double- Post-Modification ILRT Exception Implementation of the proposed Steam ended rupture of a single tube in the Generator Program will not introduce any ruptured SG is also assumed. For other This proposed change would provide adverse changes to the plant design basis or design basis accidents such as main steam Callaway Plant with an exception from postulated accidents resulting from potential line break (MSLB), rod ejection, and reactor performing a post-modification containment tube degradation. The result of the coolant pump locked rotor, the SG tubes are integrated leak rate test following the implementation of the Steam Generator assumed to retain their structural integrity replacement of the steam generators during Program will be an enhancement of SG tube (i.e., they are assumed not to rupture). These Refuel [Outage] 14. performance. Primary to secondary additional analyses for Callaway Plant Integrated leak rate tests are performed to LEAKAGE that may be experienced during assume, as an initial condition, that primary assure the leak-tightness of the primary all plant conditions will be monitored to to secondary LEAKAGE for all SGs is 1 gpm. containment boundary system, and as such ensure it remains within current accident The accident induced leakage criterion they are not accident initiators. Therefore, analysis assumptions. introduced by the proposed change to TS not performing an integrated leak rate test This proposed change does not impact the 5.5.9 accounts for tubes that may leak during will not affect the probability of an accident method of SG operation or primary or design basis accidents. The accident induced previously evaluated. The intent of post- secondary coolant chemistry controls. In leakage criterion limits this leakage to no modification integrated leak rate testing addition, this proposed change does not more than the 1 gpm value assumed in the requirements is to assure the leak-tight impact any other plant system or component. accident analyses. integrity of the area affected by the The change enhances SG inspection The SG performance criteria added to TS modification. For the Callaway Plant steam requirements. 5.5.9 identify the standards against which generator replacement modification, this Therefore, this proposed change does not tube integrity is to be measured. Meeting the intent will be satisfied by performing the create the possibility of a new or different performance criteria provides reasonable American Society of Mechanical Engineers type of accident from any accident assurance that the SG tubing will remain code required inspections and tests. Since previously evaluated. capable of fulfilling its specific safety the leak-tightness integrity of the primary function of maintaining reactor coolant containment boundary affected by the steam Post-Modification ILRT Exception pressure boundary integrity throughout each generator replacement will be assured, there The proposed change would provide operating cycle and in the unlikely event of is no change in the containment boundary’s Callaway Plant with an exception from a design basis accident. The performance ability to confine radioactive materials performing a post-modification containment
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integrated leak rate test following the TSTF–449 Generic Licensing Change proposes to determine that the replacement of the steam generators during Package amendment request involves no Refuel 14. Providing an exception from The SG tubes in pressurized water reactors significant hazards consideration. performing a test does not involve a physical are an integral part of the reactor coolant Attorney for licensee: John O’Neill, change to the plant nor does it change the pressure boundary and, as such, are relied Esq., Shaw, Pittman, Potts & operation of the plant. Thus it cannot upon to maintain the primary system’s Trowbridge, 2300 N Street, NW., introduce a new failure mode. Therefore pressure and inventory. As part of the reactor Washington, DC 20037. adding a Technical Specification requirement coolant pressure boundary, the SG tubes are NRC Section Chief: Robert A. Gramm. that provides an exception from the steam unique in that they are also relied upon as generator replacement post-modification a heat transfer surface between the primary Virginia Electric and Power Company, integrated leak rate testing requirement does and secondary systems such that residual Docket Nos. 50–338 and 50–339, North not create the possibility of a new or different heat can be removed from the primary Anna Power Station, Units No. 1 and kind of accident from any previously system. In addition, the SG tubes also isolate No. 2, Louisa County, Virginia evaluated. the radioactive fission products in the 3. The proposed changes do not involve a primary coolant from the secondary system. Date of amendment request: significant reduction in a margin of safety. In summary, the safety function of a SG is September 15, 2004. maintained by ensuring the integrity of its Description of amendment request: Nuclear Steam Supply System Evaluations tubes. The proposed changes will change the for Replacement Steam Generators Steam generator tube integrity is a function Administrative Controls Section of the The analyses and evaluations supporting of the design, environment, and the physical Technical Specifications (TS) in order to condition of the tube. This proposed change the proposed RSG conditions reflect the incorporate title changes, change the reactor core safety limits. All acceptance to implement TSTF–449 does not, of itself, affect tube design or operating environment. location where the plant-specific titles criteria continue to be met. and TS titles are correlated, and relocate The analyses supporting the proposed RSG The proposed change is expected to result in conditions reflect the proposed RTS and an improvement in the tube integrity by the unit staff requirements to the ESFAS Allowable Values. Setpoint implementing the Steam Generator Program Quality Assurance Program. These calculations demonstrate that margin exists to manage SG tube inspection, assessment, proposed changes will support the between these Allowable Values and the repair (only under NRC-approved methods, implementation of proposed Virginia corresponding safety analysis limits used in none of which currently apply to the RSGs), Electric and Power Company Topical and plugging. The requirements established the RSG analyses. The calculations are based Report DOM–QA–1, ‘‘Nuclear Facility by the Steam Generator Program are on plant instrumentation and calibration/ consistent with those in the applicable Quality Assurance Program functional test methods and include design codes and standards and are an Description,’’ currently under U.S. allowances for the RSG conditions. All improvement over the requirements in the Nuclear Regulatory Commission (NRC) analyses and evaluations supporting the existing TS. staff review. proposed RSG core safety limits, decrease in For the above reasons, the margin of safety Basis for proposed no significant maximum allowable power level for 3 is not changed and overall plant safety will hazards consideration determination: operable MSSVs per SG, the change in the be enhanced by this proposed change. As required by 10 CFR 50.91(a), the manner in which the Reactor Coolant Flow— licensee has provided its analysis of the Low Allowable Value is defined (while Post-Modification ILRT Exception issue of no significant hazards retaining the same numerical value), the The proposed change would provide change in the manner in which RCS average Callaway Plant with an exception from consideration, which is presented temperature is defined and the reduced performing a post-modification containment below: upper limit for nominal T-avg at full power integrated leak rate test following the 1. Operation of North Anna Units 1 and 2 conditions in the Overtemperature DT and replacement of the steam generators during in accordance with the proposed license Overpower DT setpoint equations, and the Refuel 14. The intent of post-modification amendments would not involve a significant changes to the pressurizer pressure and RCS integrated leak rate testing requirements is to increase in the probability or consequences average temperature limits in the DNB LCO assure the leak-tight integrity of the area of an accident previously evaluated. [TS] 3.4.1 are acceptable. All acceptance affected by the modification. This intent will The proposed change is administrative in criteria continue to be met. Therefore, the be satisfied by performing American Society nature and does not affect plant systems, of Mechanical Engineers code required proposed changes do not involve a structures or components (SSCs) or plant inspections and tests. The acceptance significant reduction in the margin of safety. operation during normal or accident criterion for American Society of Mechanical conditions. The proposed change only affects Trip Time Delay Elimination Engineers code system pressure testing for the designated titles of personnel, the This proposed change does not eliminate the base metal and welds is no leakage. In location of the TS title and plant-specific title any RTS or ESFAS surveillances or alter the addition, the test pressure for the system correlation, and the location of the unit staff frequency of those surveillances as required pressure test will be several times that qualification requirements. Therefore, this by the TS. The SG Water Level Low—Low required during an integrated leak rate test. change has no bearing on the probability of safety analysis limit of 0% span assumed in Since the leak-tight integrity of the primary an accident. Management organizational the analyses supporting the approval of the containment boundary affected by the steam structure and safety and operational reviews generator replacement will be assured, there TTD design in Callaway Amendment 43 have not changed and there is no change in is no change in the primary containment dated April 14, 1989 is also used in the RSG the method of plant operation, operation boundary’s ability to confine radioactive review, or system design review. As such, analyses discussed above. None of the materials during an accident. Therefore, this change does not alter the conclusions of acceptance criteria for any accident analysis adding a Technical Specification requirement the existing safety analyses and therefore is changed for TTD elimination. that provides an exception from the steam does not alter the consequences of an There will be no effect on the manner in generator replacement post-modification accident previously evaluated. which safety limits or limiting safety system integrated leak rate testing requirements does 2. Operation in accordance with the settings are determined nor will there be any not involve a significant reduction in a proposed license amendments would not effect on those plant systems necessary to margin of safety. create the possibility of a new or different assure the accomplishment of protection The NRC staff has reviewed the kind of accident from any accident functions. The radiological dose consequence previously evaluated. acceptance criteria will continue to be met. licensee’s analysis and, based on this The proposed administrative change Therefore, the proposed change does not review, it appears that the three continues to ensure that adequate involve a significant reduction in a margin of standards of 10 CFR 50.92(c) are management oversight exists at the plant in safety. satisfied. Therefore, the NRC staff accordance with the existing Technical
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Specifications. The proposed change only for the use of the National Academy for the use of Revision 1 of ACAD 00–003 for affects the designated titles of personnel, the Nuclear Training guideline, ACAD 00– initial training and qualification of licensed location of the TS title and plant-specific title 003, Revision 1, ‘‘Guidelines for Initial operators. WCNOC’s licensed operator correlation, and the location of the unit staff Training and Qualification of Licensed training program is accredited by the qualification requirements. This change does National Academy for Nuclear Training and not impact plant SSCs or plant operation. Operators.’’ Various other TSs would be is based on a systems approach to training Management organizational structure and revised to make corrections that were consistent with the requirements of 10 CFR safety and operational reviews have not identified by the NRC staff in its letter 55. Although licensed operator qualifications changed and there is no change in the dated January 28, 2004, and additional and training may have an indirect impact on method of plant operation, operation review, reviews performed by the licensee. accidents previously evaluated, the NRC or system design review. There are no new Basis for proposed no significant considered this impact during the or different accident scenarios, accident hazards consideration determination: rulemaking process, and by promulgation of initiators, nor failure mechanisms that will As required by 10 CFR 50.91(a), the the revised 10 CFR 55 rule, concluded that be introduced due to this change. Therefore, licensee has provided its analysis of the this impact remains acceptable as long as the the proposed change does not create the issue of no significant hazards licensed operator training program is possibility of an accident of a different type certified to be accredited and is based on a than evaluated previously. consideration, which is presented systems approach to training. below: 3. Operation in accordance with the Corrections proposed license amendments would not 1. The proposed change does not involve involve a significant reduction in a margin of a significant increase in the probability or The proposed change does not involve a safety. consequences of an accident previously physical alteration of the plant (no new or The proposed change only affects the evaluated. different type of equipment will be installed) or changes in methods of governing normal designated titles of personnel, the location of Unit Staff Qualifications the TS title and plant-specific title plant operation. The proposed change will correlation, and the location of the unit staff The proposed change is an administrative not impose any new or eliminate any old qualification requirements. This change does change to reinstate the qualification requirements. not impact plant design, plant operation or requirements for specific control room Therefore, the proposed changes do not any safety margin. Therefore, the proposed positions that were inadvertently eliminated create the possibility of a new or different change does not significantly reduce a through the issuance of Amendment No. 150 kind of accident from any accident margin of safety. and utilize Revision 1 to ACAD 00–003, previously evaluated. This evaluation concludes that the ‘‘Guidelines for Initial Training and 3. The proposed change does not involve proposed amendments to the North Anna Qualification of Licensed Operators.’’ The a significant reduction in a margin of safety. Units 1 and 2 Technical Specifications do not proposed change does not directly impact Unit Staff Qualifications accidents previously evaluated. WCNOC’s involve a significant increase in the The proposed change is an administrative probability or consequences of a previously [Wolf Creek Nuclear Operating Corporation’s] licensed operator training program is change to reinstate the current requirements evaluated accident, do not create the of specific control room positions and allow possibility of a new or different kind of accredited by the National Academy for Nuclear Training and is based on a systems the use of Revision 1 of ACAD 00–003 for accident and do not involve a significant initial training and qualification of licensed reduction in a margin of safety. approach to training consistent with the requirements of 10 CFR 55. Although operators. As noted previously, WCNOC’s The NRC staff has reviewed the licensed operator qualifications and training licensed operator training program is licensee’s analysis and, based on this may have an indirect impact on accidents accredited and is based on a systems review, it appears that the three previously evaluated, the NRC considered approach to training consistent with the standards of 50.92(c) are satisfied. this impact during the rulemaking process, requirements of 10 CFR 55. Licensed operator qualifications and training can have an Therefore, the NRC staff proposes to and by promulgation of the revised 10 CFR 55 rule, concluded that this impact remains indirect impact on the margin of safety. determine that the amendment request acceptable as long as the licensed operator However, the NRC considered this impact involves no significant hazards training program is certified to be accredited during the rulemaking process, and by consideration. and is based on a systems approach to promulgation of the revised 10 CFR 55 rule, Attorney for licensee: Ms. Lillian M. training. determined that this impact remains Cuoco, Esq., Senior Counsel, Dominion Corrections acceptable when licensees maintain a Resources Services, Inc., Millstone licensed operator training program that is The proposed change involves corrections Power Station, Building 475, 5th Floor, accredited and based on a systems approach to the Technical Specifications that are either to training. Rope Ferry Road, Rt. 156, Waterford, associated with the issuance of the Improved Connecticut 06385. Technical Specifications (Amendment No. Corrections NRC Section Chief: Mary Jane Ross- 123) or subsequent amendments. The The proposed change will not reduce a Lee (Acting). changes are considered administrative margin of safety because they have no effect changes and do not modify, add, delete, or on any safety analysis assumptions. The Wolf Creek Nuclear Operating relocate any technical requirements of the change is administrative in nature. Corporation, Docket No. 50–482, Wolf Technical Specifications. As such, Therefore, the proposed changes do not Creek Generating Station, Coffey administrative changes do not effect involve a significant reduction in the margin County, Kansas initiators of analyzed events or assumed of safety. Date of amendment request: October mitigation of accident or transient events. The NRC staff has reviewed the Therefore, the proposed changes do not 7, 2004. involve a significant increase in the licensee’s analysis and, based on this Description of amendment request: probability or consequences of an accident review, it appears that the three The proposed change would revise previously evaluated. standards of 10 CFR 50.92(c) are Technical Specification (TS) 5.3, ‘‘Unit 2. The proposed change does not create the satisfied. Therefore, the NRC staff Staff Qualifications,’’ to reinstate the possibility of a new or different kind of proposes to determine that the qualification requirements for the shift accident from any accident previously amendment request involves no manager and control room supervisor evaluated. significant hazards consideration. positions that were inadvertently Unit Staff Qualifications Attorney for licensee: Jay Silberg, Esq., eliminated through Amendment No. The proposed change is an administrative Shaw, Pittman, Potts and Trowbridge, 150. Also, TS 5.3 would be revised to change to reinstate the current requirements 2300 N Street, NW., Washington, DC reference this amendment application of specific control room positions and allow 20037.
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NRC Section Chief: Robert Gramm. connection with these actions was Facility Operating License No. DPR– published in the Federal Register as 16: Amendment revised the Technical Previously Published Notices of indicated. Specifications. Consideration of Issuance of Unless otherwise indicated, the Date of initial notice in Federal Amendments to Facility Operating Commission has determined that these Register: February 17, 2004 (69 FR Licenses, Proposed No Significant amendments satisfy the criteria for 7518). Hazards Consideration Determination, categorical exclusion in accordance The June 16, 2004, letter provided and Opportunity for a Hearing with 10 CFR 51.22. Therefore, pursuant clarifying information within the scope The following notices were previously to 10 CFR 51.22(b), no environmental of the original application and did not published as separate individual impact statement or environmental change the staff’s initial proposed no notices. The notice content was the assessment need be prepared for these significant hazards consideration same as above. They were published as amendments. If the Commission has determination. The Commission’s individual notices either because time prepared an environmental assessment related evaluation of this amendment is did not allow the Commission to wait under the special circumstances contained in a Safety Evaluation dated for this biweekly notice or because the provision in 10 CFR 51.12(b) and has November 2, 2004. action involved exigent circumstances. made a determination based on that No significant hazards consideration They are repeated here because the assessment, it is so indicated. comments received: No. biweekly notice lists all amendments For further details with respect to the Duke Energy Corporation, Docket Nos. issued or proposed to be issued action see (1) the applications for 50–269, 50–270, and 50–287, Oconee involving no significant hazards amendment, (2) the amendment, and (3) Nuclear Station, Units 1, 2, and 3, consideration. the Commission’s related letter, Safety For details, see the individual notice Evaluation and/or Environmental Oconee County, South Carolina in the Federal Register on the day and Assessment as indicated. All of these Date of application of amendments: page cited. This notice does not extend items are available for public inspection January 15, 2004, as supplemented by the notice period of the original notice. at the Commission’s Public Document letter dated March 15, 2004. Room, located at One White Flint North, Brief description of amendments: The FPL Energy Seabrook, LLC, Docket No. Public File Area 01F21, 11555 Rockville amendments revise the Technical 50–443, Seabrook Station, Unit No. 1, Pike (first floor), Rockville, Maryland. Specifications associated with the Rockingham County, New Hampshire Publicly available records will be control rod drive trip devices. The Date of amendment request: October accessible from the Agencywide amendments are needed to support 22, 2004. Documents Access and Management implementation of the reactor trip Description of amendment request: Systems (ADAMS) Public Electronic breaker replacement. The proposed amendment would revise Reading Room on the internet at the Date of Issuance: November 2, 2004. the allowed outage times of Technical NRC Web site, http://www.nrc.gov/ Effective date: As of the date of Specification 3.3.3.6, ‘‘Accident reading-rm/adams.html. If you do not issuance and shall be implemented Monitoring Instrumentation,’’ to be have access to ADAMS or if there are within 90 days from the date of consistent with the completion times in problems in accessing the documents issuance. the related specification in NUREG– located in ADAMS, contact the NRC Amendment Nos.: 341, 343, 342. 1431, Revision 3, ‘‘Standard Technical Public Document Room (PDR) Reference Renewed Facility Operating License Specifications Westinghouse Plants.’’ staff at 1–800–397–4209, 301–415–4737 Nos. DPR–38, DPR–47, and DPR–55: Date of publication of individual or by email to [email protected]. (Note: Amendments revised the Technical notice in Federal Register: November Public access to ADAMS has been Specifications. 2, 2004 (69 FR 63560). temporarily suspended so that security Date of initial notice in Federal Expiration date of individual notice: reviews of publicly available documents Register: April 13, 2004 (69 FR 19566). December 2, 2004 (public comments) may be performed and potentially The supplement dated March 15, 2004, and January 3, 2005 (hearing requests). sensitive information removed. Please provided clarifying information that did not change the scope of the January 15, Notice of Issuance of Amendments to check the NRC Web site for updates on 2004, application nor the initial Facility Operating Licenses the resumption of ADAMS access.) proposed no significant hazards During the period since publication of AmerGen Energy Company, LLC, et al., consideration determination. the last biweekly notice, the Docket No. 50–219, Oyster Creek The Commission’s related evaluation Commission has issued the following Nuclear Generating Station, Ocean of the amendments is contained in a amendments. The Commission has County, New Jersey Safety Evaluation dated November 2, determined for each of these Date of application for amendment: 2004. amendments that the application December 23, 2003, as supplemented by No significant hazards consideration complies with the standards and letter dated June 16, 2004. comments received: No. requirements of the Atomic Energy Act Brief description of amendment: The FirstEnergy Nuclear Operating of 1954, as amended (the Act), and the amendment revised Section 4.5.D of the Commission’s rules and regulations. Company, et al., Docket Nos. 50–334 Technical Specifications to specify and 50–412, Beaver Valley Power The Commission has made appropriate testing the main steam isolation valves findings as required by the Act and the Station, Unit Nos. 1 and 2 (BVPS–1 and at a pressure lower than Pa, the 2), Beaver County, Pennsylvania Commission’s rules and regulations in calculated peak containment internal 10 CFR Chapter I, which are set forth in pressure related to the design-basis loss- Date of application for amendments: the license amendment. of-coolant accident. March 22, 2004, as supplemented July Notice of Consideration of Issuance of Date of Issuance: November 2, 2004. 23 and October 11, 2004. Amendment to Facility Operating Effective date: November 2, 2004 and Brief description of amendments: The License, Proposed No Significant shall be implemented within 30 days of amendments modified Technical Hazards Consideration Determination, issuance Specification (TS) requirements to adopt and Opportunity for A Hearing in Amendment No.: 250. the provisions of Industry/TS Task
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Force (TSTF) change TSTF–359, 7524). The June 17, 2004, letter of a permanently revised steam ‘‘Increased Flexibility in Mode provided clarifying information within generator voltage-based repair criteria Restraints.’’ the scope of the original application and probability of detection (POD) method. Date of issuance: November 4, 2004. did not change the staff’s initial The revised POD method is referred to Effective date: As of the date of proposed no significant hazards as the probability of prior cycle issuance and shall be implemented consideration determination. The detection method. In addition, a within 60 days. Commission’s related evaluation of the reporting requirement is added to the Amendment Nos.: 263 and 144. amendments is contained in two Safety DCPP Technical Specifications as TS Facility Operating License Nos. DPR– Evaluations, both dated November 8, 5.6.10.i. 66 and NPF–73: Amendments revised 2004. Date of issuance: October 28, 2004. the TSs. No significant hazards consideration Effective date: October 28, 2004, and Date of initial notice in Federal comments received: No. shall be implemented within 30 days of Register: August 31, 2004 (69 FR the date of issuance. The 53108). The supplemental letters dated Nuclear Management Company, LLC, implementation of the amendment July 23 and October 11, 2004, provided Docket No. 50–263, Monticello Nuclear includes the incorporation into the additional information that clarified the Generating Plant, Wright County, FSAR Update the changes discussed application, did not expand the scope of Minnesota above, as described in the licensee’s the application as originally noticed, Date of application for amendment: application dated March 18, 2004, and and did not change the NRC staff’s December 23, 2003, as supplemented its supplements dated August 18 and original proposed no significant hazards June 21, 2004. 20, and September 17, 2004, and consideration determination. Brief description of amendment: The evaluated in the staff’s Safety Evaluation The Commission’s related evaluation amendment changes Technical attached to the amendments. of the amendments is contained in a Specification (TS) Limiting Condition Amendment Nos.: Unit 1–177; Unit Safety Evaluation dated November 4, for Operation (LCO) Tables 3.2.1 and 2–179. 2004. 3.2.4 to (1) eliminate the reactor head Facility Operating License Nos. DPR– No significant hazards consideration cooling containment isolation function 80 and DPR–82: The amendments comments received: No. from the TSs, (2) correct and clarify the revised the FSAR Update and the Nine Mile Point Nuclear Station, LLC, description of the number of instrument Technical Specifications. Date of initial notice in Federal Docket Nos. 50–220, and 50–410, Nine channels per trip system as defined in Register: June 22, 2004 (69 FR 34704). Mile Point Nuclear Station, Unit Nos. 1 the TSs, and (3) revise an existing LCO The August 18 and 20, and September and 2, Oswego County, New York for radiation monitors used to isolate reactor building ventilation and initiate 17, 2004, supplemental letters provided Date of application for amendments: the standby gas treatment system. additional clarifying information, did January 8, 2004 (2 letters), as Date of issuance: November 2, 2004. not expand the scope of the application supplemented by letter dated June 17, Effective date: As of the date of as originally noticed, and did not 2004. issuance and shall be implemented change the staff’s original proposed no Brief description of amendments: The within 60 days. significant hazards consideration amendments approve implementation of Amendment No.: 140. determination. the Boiling Water Reactor Vessel and Facility Operating License No. DPR– The Commission’s related evaluation Internals Project Reactor Pressure Vessel 22. Amendment revised the TSs. of the amendments is contained in a Integrated Surveillance Program as the Date of initial notice in Federal Safety Evaluation dated October 28, basis for demonstrating the units’ Register: March 30, 2004 (69 FR 2004. compliance with the requirements of 16621). No significant hazards consideration appendix H to Title 10 of the Code of The supplemental letter contained comments received: No. Federal Regulations. Specifically, the clarifying information and did not amendments approved the wording change the initial no significant hazards PPL Susquehanna, LLC, Docket Nos. 50– proposed by the licensee to update the consideration determination and did not 387 and 50–388, Susquehanna Steam units’ Updated Safety Analysis Reports. expand the scope of the original Federal Electric Station, Units 1 and 2 (SSES 1 In addition, the Unit 1 amendment also Register notice. and 2), Luzerne County, Pennsylvania revised the Technical Specifications to The Commission’s related evaluation Date of application for amendments: delete any reference to plant-specific of the amendment is contained in a December 22, 2003, as supplemented by surveillance requirements. Safety Evaluation dated November 2, letters dated June 18, July 15, and Date of issuance: November 8, 2004. 2004. September 8, 2004. Effective date: As of the date of No significant hazards consideration Brief description of amendments: The issuance. Integrated Surveillance comments received: No. amendment added TS 3.3.1.3, Program shall be implemented within ‘‘Oscillation Power Range Monitor Pacific Gas and Electric Company, 90 days of issuance. The units’ Final (OPRM) Instrumentation,’’ and changed Docket Nos. 50–275 and 50–323, Diablo Safety Analysis Report (Updated) shall TS 3.4.1, ‘‘Recirculation Loops Canyon Nuclear Power Plant, Unit Nos. be updated in accordance with 10 CFR Operating,’’ and TS 5.6.5, ‘‘Core 1 and 2, San Luis Obispo County, 50.71(e). Operating Limits Report,’’ to remove California Amendment Nos.: 184 and 114. specifications and information related to Facility Operating License Nos. DPR– Date of application for amendments: current stability specifications which 63 and NPF–69: Amendments revise the March 18, 2004, and its supplements will no longer be needed with the Technical Specifications (for Unit 1), dated August 18 and 20, and September operation of the OPRM system. the operating license (for Unit 2), and 17, 2004. Date of issuance: November 9, 2004. approve revision of licensing basis for Brief description of amendments: The Effective date: As of the date of both units. amendments authorize revisions to the issuance and shall be implemented Date of initial notice in Federal Final Safety Analysis Report (FSAR) within 90 days. Register: February 17, 2004 (69 FR Update to incorporate the NRC approval Amendment Nos.: 217 and 192.
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Facility Operating License Nos. NPF– standards and requirements of the The Commission has applied the 14 and NPF–22: The amendment Atomic Energy Act of 1954, as amended standards of 10 CFR 50.92 and has made revised the Technical Specifications. (the Act), and the Commission’s rules a final determination that the Date of initial notice in Federal and regulations. The Commission has amendment involves no significant Register: January 20, 2004 (69 FR made appropriate findings as required hazards consideration. The basis for this 2745). The supplements dated June 18, by the Act and the Commission’s rules determination is contained in the July 15, and September 8, 2004, and regulations in 10 CFR Chapter I, documents related to this action. provided additional information that which are set forth in the license Accordingly, the amendments have clarified the application, did not expand amendment. been issued and made effective as the scope of the application as originally Because of exigent or emergency indicated. noticed, and did not change the staff’s circumstances associated with the date Unless otherwise indicated, the original proposed no significant hazards the amendment was needed, there was Commission has determined that these consideration determination. not time for the Commission to publish, amendments satisfy the criteria for The Commission’s related evaluation for public comment before issuance, its categorical exclusion in accordance of the amendments is contained in a usual Notice of Consideration of with 10 CFR 51.22. Therefore, pursuant Safety Evaluation dated November 9, Issuance of Amendment, Proposed No to 10 CFR 51.22(b), no environmental 2004. Significant Hazards Consideration impact statement or environmental No significant hazards consideration Determination, and Opportunity for a assessment need be prepared for these comments received: No. Hearing. amendments. If the Commission has prepared an environmental assessment PSEG Nuclear LLC, Docket No. 50–354, For exigent circumstances, the Commission has either issued a Federal under the special circumstances Hope Creek Generating Station, Salem provision in 10 CFR 51.12(b) and has County, New Jersey Register notice providing opportunity for public comment or has used local made a determination based on that Date of application for amendment: media to provide notice to the public in assessment, it is so indicated. For further details with respect to the March 31, 2003, as supplemented by the area surrounding a licensee’s facility action see (1) the application for letter dated July 30, 2004. of the licensee’s application and of the amendment, (2) the amendment to Brief description of amendment: The Commission’s proposed determination Facility Operating License, and (3) the amendment revised the reactor pressure of no significant hazards consideration. Commission’s related letter, Safety vessel pressure-temperature limits and The Commission has provided a Evaluation and/or Environmental extends their validity to 32 effective full reasonable opportunity for the public to Assessment, as indicated. All of these power years. comment, using its best efforts to make Date of issuance: November 1, 2004. items are available for public inspection available to the public means of Effective date: As of the date of at the Commission’s Public Document communication for the public to issuance, to be implemented within 60 Room, located at One White Flint North, respond quickly, and in the case of days. Public File Area 01F21, 11555 Rockville Amendment No.: 157. telephone comments, the comments Pike (first floor), Rockville, Maryland. Facility Operating License No. NPF– have been recorded or transcribed as Publicly available records will be 57: This amendment revised the appropriate and the licensee has been accessible from the Agencywide Technical Specifications. informed of the public comments. Documents Access and Management Date of initial notice in Federal In circumstances where failure to act System’s (ADAMS) Public Electronic Register: June 8, 2004 (69 FR 32076). in a timely way would have resulted, for Reading Room on the Internet at the The July 30, 2004 letter provided example, in derating or shutdown of a NRC Web site, http://www.nrc.gov/ clarifying information that did not nuclear power plant or in prevention of reading-rm/adams.html. If you do not change the initial proposed no either resumption of operation or of have access to ADAMS or if there are significant hazards consideration increase in power output up to the problems in accessing the documents determination or expand the application plant’s licensed power level, the located in ADAMS, contact the NRC beyond the scope of the original Federal Commission may not have had an Public Document Room (PDR) Reference Register notice. opportunity to provide for public staff at 1–800–397–4209, 301–415–4737 The Commission’s related evaluation comment on its no significant hazards or by e-mail to [email protected]. (Note: of the amendment is contained in a consideration determination. In such Public access to ADAMS has been Safety Evaluation dated November 1, case, the license amendment has been temporarily suspended so that security 2004. issued without opportunity for reviews of publicly available documents No significant hazards consideration comment. If there has been some time may be performed and potentially comments received: No. for public comment but less than 30 sensitive information removed. Please days, the Commission may provide an check the NRC Web site for updates on Notice of Issuance of Amendments to opportunity for public comment. If the resumption of ADAMS access.) Facility Operating Licenses and Final comments have been requested, it is so The Commission is also offering an Determination of No Significant stated. In either event, the State has opportunity for a hearing with respect to Hazards Consideration and been consulted by telephone whenever the issuance of the amendment. Within Opportunity for a Hearing (Exigent possible. 60 days after the date of publication of Public Announcement or Emergency Under its regulations, the Commission this notice, the licensee may file a Circumstances) may issue and make an amendment request for a hearing with respect to During the period since publication of immediately effective, notwithstanding issuance of the amendment to the the last biweekly notice, the the pendency before it of a request for subject facility operating license and Commission has issued the following a hearing from any person, in advance any person whose interest may be amendments. The Commission has of the holding and completion of any affected by this proceeding and who determined for each of these required hearing, where it has wishes to participate as a party in the amendments that the application for the determined that no significant hazards proceeding must file a written request amendment complies with the consideration is involved. for a hearing and a petition for leave to
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intervene. Requests for a hearing and a opinion which support the contention made a final determination that the petition for leave to intervene shall be and on which the petitioner intends to amendment involves no significant filed in accordance with the rely in proving the contention at the hazards consideration, if a hearing is Commission’s ‘‘Rules of Practice for hearing. The petitioner must also requested, it will not stay the Domestic Licensing Proceedings’’ in 10 provide references to those specific effectiveness of the amendment. Any CFR Part 2. Interested persons should sources and documents of which the hearing held would take place while the consult a current copy of 10 CFR 2.309, petitioner is aware and on which the amendment is in effect. which is available at the Commission’s petitioner intends to rely to establish A request for a hearing or a petition PDR, located at One White Flint North, those facts or expert opinion. The for leave to intervene must be filed by: Public File Area 01F21, 11555 Rockville petition must include sufficient (1) First class mail addressed to the Pike (first floor), Rockville, Maryland, information to show that a genuine Office of the Secretary of the and electronically on the Internet at the dispute exists with the applicant on a Commission, U.S. Nuclear Regulatory NRC Web site, http://www.nrc.gov/ material issue of law or fact.1 Commission, Washington, DC 20555– reading-rm/doc-collections/cfr/. If there Contentions shall be limited to matters 0001, Attention: Rulemaking and are problems in accessing the document, within the scope of the amendment Adjudications Staff; (2) courier, express contact the PDR Reference staff at 1– under consideration. The contention mail, and expedited delivery services: 800–397–4209, 301–415–4737, or by e- must be one which, if proven, would Office of the Secretary, Sixteenth Floor, mail to [email protected]. (Note: Public entitle the petitioner to relief. A One White Flint North, 11555 Rockville access to ADAMS has been temporarily petitioner/requestor who fails to satisfy Pike, Rockville, Maryland 20852, suspended so that security reviews of these requirements with respect to at Attention: Rulemaking and publicly available documents may be least one contention will not be Adjudications Staff; (3) E-mail performed and potentially sensitive permitted to participate as a party. addressed to the Office of the Secretary, information removed. Please check the Each contention shall be given a U.S. Nuclear Regulatory Commission, NRC Web site for updates on the separate numeric or alpha designation [email protected]; or (4) facsimile resumption of ADAMS access.) If a within one of the following groups: transmission addressed to the Office of request for a hearing or petition for 1. Technical—primarily concerns/ the Secretary, U.S. Nuclear Regulatory leave to intervene is filed by the above issues relating to technical and/or Commission, Washington, DC, date, the Commission or a presiding health and safety matters discussed or Attention: Rulemakings and officer designated by the Commission or referenced in the applications. Adjudications Staff at (301) 415–1101, by the Chief Administrative Judge of the 2. Environmental—primarily verification number is (301) 415–1966. Atomic Safety and Licensing Board concerns/issues relating to matters A copy of the request for hearing and Panel, will rule on the request and/or discussed or referenced in the petition for leave to intervene should petition; and the Secretary or the Chief environmental analysis for the also be sent to the Office of the General Administrative Judge of the Atomic applications. Counsel, U.S. Nuclear Regulatory Safety and Licensing Board will issue a 3. Miscellaneous—does not fall into Commission, Washington, DC 20555– notice of a hearing or an appropriate one of the categories outlined above. 0001, and it is requested that copies be order. As specified in 10 CFR 2.309, if two transmitted either by means of facsimile As required by 10 CFR 2.309, a or more petitioners/requestors seek to transmission to 301–415–3725 or by e- petition for leave to intervene shall set co-sponsor a contention, the petitioners/ mail to [email protected]. A copy forth with particularity the interest of requestors shall jointly designate a of the request for hearing and petition the petitioner in the proceeding, and representative who shall have the for leave to intervene should also be how that interest may be affected by the authority to act for the petitioners/ sent to the attorney for the licensee. results of the proceeding. The petition requestors with respect to that Nontimely requests and/or petitions should specifically explain the reasons contention. If a petitioner/requestor and contentions will not be entertained why intervention should be permitted seeks to adopt the contention of another absent a determination by the with particular reference to the sponsoring petitioner/requestor, the Commission or the presiding officer or following general requirements: (1) The petitioner/requestor who seeks to adopt the Atomic Safety and Licensing Board name, address and telephone number of the contention must either agree that the that the petition, request and/or the the requestor or petitioner; (2) the sponsoring petitioner/requestor shall act contentions should be granted based on nature of the requestor’s/petitioner’s as the representative with respect to that a balancing of the factors specified in 10 right under the Act to be made a party contention, or jointly designate with the CFR 2.309(a)(1)(i)–(viii). to the proceeding; (3) the nature and sponsoring petitioner/requestor a extent of the requestor’s/petitioner’s representative who shall have the STP Nuclear Operating Company, property, financial, or other interest in authority to act for the petitioners/ Docket No. 50–499, South Texas Project, the proceeding; and (4) the possible requestors with respect to that Unit 2, Matagorda County, Texas effect of any decision or order which contention. Date of amendment request: may be entered in the proceeding on the Those permitted to intervene become September 30, 2004. requestor’s/petitioner’s interest. The parties to the proceeding, subject to any Description of amendment request: petition must also identify the specific limitations in the order granting leave to The amendment changes Technical contentions which the petitioner/ intervene, and have the opportunity to Specification 4.4.4.2 to expand the requestor seeks to have litigated at the participate fully in the conduct of the range of conditions under which proceeding. hearing. Since the Commission has quarterly testing of block valves for the Each contention must consist of a pressurizer power operated relief valves specific statement of the issue of law or 1 To the extent that the applications contain would be unnecessary. fact to be raised or controverted. In attachments and supporting documents that are not Date of issuance: October 21, 2004. addition, the petitioner/requestor shall publicly available because they are asserted to Effective date: As of the date of contain safeguards or proprietary information, provide a brief explanation of the bases petitioners desiring access to this information issuance and shall be implemented for the contention and a concise should contact the applicant or applicant’s counsel within 30 days of issuance. statement of the alleged facts or expert and discuss the need for a protective order. Amendment No.: 153.
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Facility Operating License No. NPF– Tennessee Valley Authority, Docket No. October 1, 2004 and October 31, 2004. 80: Amendment revises the Technical 50–327, Sequoyah Nuclear Plant, Unit 1, Future notices will be published on the Specifications. Hamilton County, Tennessee fourth Tuesday of each month, or as Public comments requested as to Date of amendment request: soon as possible thereafter. A proposed no significant hazards November 4, 2004. consolidated listing of all authorities as consideration (NSHC): Yes. October 6, Description of amendment request: of June 30 is published each year. 2004 (69 FR 59969). The notice The proposed amendment extended the Schedule A provided an opportunity to submit implementation period for License comments on the Commission’s Amendment 294 to May 15, 2005. Department of Homeland Security proposed NSHC determination. No Date of issuance: November 9, 2004. 213.3111 comments have been received. The Effective date: As of date of issuance, Up to 15 Senior Level and General notice also provided an opportunity to to be implemented by May 15, 2005. Schedule (or equivalent) positions request a hearing by December 6, 2004, Amendment No.: 297. within the Homeland Security Labor but indicated that if the Commission Facility Operating License No. DPR– Relations Board and the Homeland makes a final NSHC determination, any 77: Amendment revises the Security Mandatory Removal Panel. such hearing would take place after implementation date for License Effective October 15, 2004. issuance of the amendment. Amendment No. 294. The Commission’s related evaluation Public comments requested as to Schedule B of the amendment, finding of exigent proposed no significant hazards No Schedule B appointments for circumstances, state consultation, and consideration (NSHC): October 2004. final NSHC determination are contained The Commission’s related evaluation in a safety evaluation dated October 21, of the amendment, finding of emergency Schedule C 2004. circumstances, state consultation, and The following Schedule C Attorney for licensee: Mr. John E. final NSHC determination are contained appointments were approved for Matthews, Morgan, Lewis & Bokius, in a safety evaluation dated November October 2004: LLP, 1111 Pennsylvania Avenue, NW., 9, 2004. Section 213.3303 Executive Office of Washington, DC 20004. Attorney for licensee: General the President, Office of National Drug NRC Section Chief: Michael K. Webb, Counsel, Tennessee Valley Authority, Control Policy Acting. 400 West Summit Hill Drive, ET 11A, Nuclear Management Company, LLC, Knoxville, Tennessee 37902. QQGS00083 Intergovernmental Docket No. 50–255, Palisades Plant, Van NRC Section Chief: Michael L. Affairs Liaison to the Chief of Staff. Buren County, Michigan Marshall, Jr. Effective October 19, 2004. QQGS00086 Legislative Assistant to Date of amendment request: Dated at Rockville, Maryland, this 15th day of November, 2004. the Associate Director, Legislative November 2, 2004. Affairs. Effective October 19, 2004. Description of amendment request: For the Nuclear Regulatory Commission. The amendment revises Technical Ledyard B. Marsh, Section 213.3304 Department of State Specification Limiting Condition for Director, Division of Licensing Project DSGS60797 Legislative Management Operation 3.4.3, ‘‘Primary Coolant Management, Office of Nuclear Reactor Officer to the Assistant Secretary for System (PCS) Pressure and Temperature Regulation. Legislative and Intergovernmental (P/T) Limits’’ to add restrictions to the [FR Doc. 04–25664 Filed 11–22–04; 8:45 am] Affairs. Effective October 14, 2004. cooldown rate limits. This amendment BILLING CODE 7590–01–P DSGS60798 Legislative Management supports plant restart following repairs Officer to the Assistant Secretary for of two reactor vessel closure head Legislative and Intergovernmental control rod drive nozzle penetrations at OFFICE OF PERSONNEL Affairs. Effective October 14, 2004. the Palisades Nuclear Power Plant. MANAGEMENT DSGS60799 Foreign Affairs Officer to Date of issuance: November 8, 2004. the Under Secretary for Global Affairs. Effective date: As of the date of Excepted Service Effective October 14, 2004. issuance and shall be implemented DSGS60800 Staff Assistant to the AGENCY: Office of Personnel immediately. Management. Senior Advisor to the Secretary and Amendment No.: 218. White House Liaison. Effective October Facility Operating License No. DPR– ACTION: Notice. 28, 2004. 20: Amendment revises the Technical SUMMARY: This gives notice of OPM Specification. Section 213.3304 Department of decisions granting authority to make Public comments requested as to Treasury appointments under Schedules A, B and proposed no significant hazards DYGS00434 Special Assistant to the C in the excepted service as required by consideration (NSHC): Deputy Chief of Staff. Effective October 5 CFR 6.6 and 213.103. The Commission’s related evaluation 25, 2004. of the amendment, finding of emergency FOR FURTHER INFORMATION CONTACT: circumstances, state consultation, and Hughes Turner, Deputy Associate Section 213.3306 Department of final NSHC determination are contained Director, Center for Leadership and Defense in a safety evaluation dated November Executive Resources Policy, Division for DDGS16831 Research Assistant to the 8, 2004. Strategic Human Resources Policy, 202– Deputy Assistant Secretary of Defense Attorney for licensee: Jonathan Rogoff, 606–1811. (Strategic Communications Planning). Esquire, Vice President, Counsel & SUPPLEMENTARY INFORMATION: Appearing Effective October 1, 2004. Secretary, Nuclear Management in the listing below is one Schedule A DDGS16842 Staff Assistant to the Company, LLC, 700 First Street, appointment, no Schedule B Deputy Assistant Secretary of Defense Hudson, WI 54016. appointments, and Schedule C (Special Operations and Combating NRC Section Chief: L. Raghavan. appointments established between Terrorism). Effective October 20, 2004.
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Section 213.3307 Department of the DLGS60234 Chief of Staff to the SECURITIES AND EXCHANGE Army Assistant Secretary for Policy. Effective COMMISSION DWGS60053 Personal and October 15, 2004. Proposed Collection; Comment Confidential Assistant to the Principal Section 213.3316 Department of Request Deputy Assistant Secretary of the Army Health and Human Services (Financial Management and Upon Written Request, Copies Available DHGS60187 Special Assistant to the Comptroller). Effective October 6, 2004. From: Securities and Exchange Assistant Secretary for Public Affairs. Commission, Office of Filings and Section 213.3309 Department of the Effective October 4, 2004. Air Force DHGS60696 Confidential Assistant Information Services, Washington, DC 20549. DFGS60007 Confidential Assistant to (Scheduling) to the Director of the Assistant Secretary (Financial Scheduling. Effective October 12, 2004. Extension: Management and Comptroller). Effective Rule 7d–1; SEC File No. 270–176; OMB Section 213.3317 Department of Control No. 3235–0311. October 28, 2004. Education Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. Section 213.3310 Department of DBGS00206 Deputy Secretary’s Justice 3501–3520), the Securities and Exchange Regional Representative, Region IX to Commission (‘‘Commission’’) is soliciting DJGS00151 Special Assistant to the the Deputy Assistant Secretary for comments on the collections of information Administrator, Drug Enforcement Regional Services. Effective October 27, summarized below. The Commission plans to Administration. Effective October 15, 2004. submit these existing collections of 2004. information to the Office of Management and Section 213.3331 Department of Budget (‘‘OMB’’) for extension and approval. Section 213.3311 Department of Energy Section 7(d) of the Investment Company Homeland Security DEGS00431 Senior Policy Advisor to Act of 1940 [15 U.S.C. 80a–7(d)] (the ‘‘Act’’ DMGS00271 Deputy Assistant the Assistant Secretary of Energy or ‘‘Investment Company Act’’) requires an investment company (‘‘fund’’) organized Secretary for Border and Transportation (Environmental Management). Effective outside the United States (‘‘foreign fund’’) to Security Policy to the Assistant October 22, 2004. obtain an order from the Commission Secretary for Border and Transportation DEGS00432 Senior Scheduler to the allowing the fund to register under the Act Security Policy. Effective October 4, Director, Office of Scheduling and before making a public offering of its 2004. Advance. Effective October 7, 2004. securities through the United States mail or DMGS00274 Writer-Editor to the DEGS00433 Special Assistant to the any means of interstate commerce. The Executive Secretary. Effective October Executive Director, Secretary of Energy Commission may issue an order only if it 12, 2004. Advisory Board. Effective October 7, finds that it is both legally and practically feasible effectively to enforce the provisions DMGS00273 Special Assistant to the 2004. White House Liaison. Effective October of the Act against the foreign fund, and that 14, 2004. Section 213.3332 Small Business the registration of the fund is consistent with DMGS00275 Special Assistant to the Administration the public interest and protection of investors. Chief of Staff. Effective October 15, SBGS00557 Deputy Associate Rule 7d–1 [17 CFR 270.7d–1] under the 2004. Administrator for Communications and Act, which was adopted in 1954, specifies DMGS00276 Press Assistant to the Public Liaison to the Associate the conditions under which a Canadian Deputy Assistant Secretary for Public Administrator for Communications/ management investment company Affairs. Effective October 15, 2004. Public Liaison. Effective October 4, (‘‘Canadian fund’’) may request an order from DMGS00277 Writer-Editor to the 2004. the Commission permitting it to register Executive Secretary. Effective October SBGS60558 Legislative Assistant to under the Act. Although rule 7d–1 by its 22, 2004. terms applies only to Canadian funds, other the Associate Administrator for foreign funds generally have agreed to Section 213.3313 Department of Congressional and Legislative Affairs. comply with the requirements of rule 7d–1 Agriculture Effective October 14, 2004. as a prerequisite to receiving an order DAGS00727 Special Assistant to the SBGS60559 Assistant Administrator permitting those foreign funds’ registration Under Secretary for Natural Resources for Congressional and Legislative Affairs under the Act. The rule requires a Canadian fund that and Environment. Effective October 22, to the Associate Administrator for Congressional and Legislative Affairs. wishes to register to file an application with 2004. the Commission that contains various DAGS00728 Special Assistant to the Effective October 14, 2004. SBGS60560 Press Secretary to the undertakings and agreements by the fund. Under Secretary for Rural Development. Certain of these undertakings and Effective October 25, 2004. Associate Administrator for agreements, in turn, impose the following Communications/Public Liaison. Section 213.3314 Department of additional information collection Effective October 20, 2004. requirements: Commerce Section 213.3396 National (1) The fund must file agreements between the fund and its directors, officers, and DCGS00663 Executive Director, White Transportation Safety Board House Initiative on Asian Americans service providers requiring them to comply and Pacific Islanders to the National TBGS60106 Confidential Assistant to with the fund’s charter and bylaws, the Act, Director, Minority Business a Member. Effective October 7, 2004. and certain other obligations relating to the Development Agency. Effective October undertakings and agreements in the Authority: 5 U.S.C. 3301 and 3302; E.O. application; 15, 2004. 10577, 3 CFR 1954–1958 Comp., P.218. (2) The fund and each of its directors, Section 213.3315 Department of Labor Office of Personnel Management. officers, and investment advisers that is not Kay Coles James, a U.S. resident, must file an irrevocable DLGS60105 Regional Representative designation of the fund’s custodian in the Director. to the Assistant Secretary for United States as agent for service of process; Congressional and Intergovernmental [FR Doc. 04–25907 Filed 11–22–04; 8:45 am] (3) The fund’s charter and bylaws must Affairs. Effective October 6, 2004. BILLING CODE 6325–38–P provide that (a) the fund will comply with
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certain provisions of the Act applicable to all approximately 90 hours for the fund and its collected; and (d) ways to minimize the funds, (b) the fund will maintain originals or associated persons. The Commission is not burden of the collection of information on copies of its books and records in the United including these hours in its calculation of the respondents, including through the use of States, and (c) the fund’s contracts with its annual burden because no foreign fund has automated collection techniques or other custodian, investment adviser, and principal applied under rule 7d–1 to register under the forms of information technology. underwriter, will contain certain terms, Act in the last three years. Consideration will be given to comments and including a requirement that the adviser After registration, a foreign fund may file suggestions submitted in writing within 60 maintain originals or copies of pertinent a supplemental application seeking special days of this publication. records in the United States; relief designed for the fund’s particular Please direct your written comments to R. (4) The fund’s contracts with service circumstances. Because rule 7d–1 does not Corey Booth, Director/Chief Information providers will require that the provider mandate these applications and the fund Officer, Office of Information Technology, perform the contract in accordance with the determines whether to submit an application, Securities and Exchange Commission, 450 Act, the Securities Act of 1933 [15 U.S.C. the Commission has not allocated any burden 5th Street, NW., Washington, DC 20549. 77a–77z–3], and the Securities Exchange Act hours for the applications. Dated: November 15, 2004. of 1934 [15 U.S.C. 78a–78mm ], as The estimates of burden hours are made Margaret H. McFarland, applicable; and solely for the purposes of the Paperwork (5) The fund must file, and periodically Reduction Act. The estimates are not derived Deputy Secretary. revise, a list of persons affiliated with the from a comprehensive or even a [FR Doc. E4–3283 Filed 11–22–04; 8:45 am] fund or its adviser or underwriter. representative survey or study of BILLING CODE 8010–01–P Under section 7(d) of the Act the Commission rules and forms. Commission may issue an order permitting a The Commission believes that the active foreign fund’s registration only if the registrant and its associated persons may SECURITIES AND EXCHANGE Commission finds that ‘‘by reason of special spend (excluding the cost of burden hours) COMMISSION circumstances or arrangements, it is both approximately $540 per year in maintaining legally and practically feasible effectively to records in the United States. These estimated [File No. 1–10996] enforce the provisions of the [Act].’’ The costs include fees for a custodian or other information collection requirements are agent to retain records, storage costs, and the Issuer Delisting; Notice of Application necessary to assure that the substantive costs of transmitting records. of Aberdeen Global Income Fund, Inc., provisions of the Act may be enforced as a If a Canadian or other foreign fund in the to Withdraw its Common Stock, $.001 matter of contract right in the United States future applied to register under the Act under Par Value, From Listing and or Canada by the fund’s shareholders or by rule 7d–1, the fund initially might have Registration on the New York Stock the Commission. capital and start-up costs (not including Exchange, Inc. Certain information collection hourly burdens) of an estimated $17,280 to requirements in rule 7d–1 are associated with comply with the rule’s initial information November 17, 2004. complying with the Act’s provisions. These collection requirements. These costs include On October 28, 2004, Aberdeen requirements are reflected in the information legal and processing-related fees for Global Income Fund, Inc., a Maryland collection requirements applicable to those preparing the required documentation (such provisions for all registered funds. as the application, charter, bylaw, and corporation (‘‘Issuer’’), filed an The Commission believes that one fund is contract provisions), designations for service application with the Securities and registered under rule 7d–1 and currently of process, and the list of affiliated persons. Exchange Commission (‘‘Commission’’), active. Apart from requirements under the Other related costs would include fees for pursuant to section 12(d) of the Act applicable to all registered funds, rule establishing arrangements with a custodian Securities Exchange Act of 1934 7d–1 imposes ongoing burdens to maintain or other agent for maintaining records in the (‘‘Act’’) 1 and Rule 12d2–2(d) records in the United States, and to update, United States, copying and transportation thereunder,2 to withdraw its common as necessary, the fund’s list of affiliated costs for records, and the costs of purchasing stock, $.001 par value (‘‘Security’’), from persons. The Commission staff estimates that or leasing computer equipment, software, or listing and registration on the New York the rule requires a total of three responses other record storage equipment for records Stock Exchange, Inc. (‘‘NYSE’’). each year. The staff estimates that a maintained in electronic or photographic The Board of Directors (‘‘Board’’) of respondent would make two responses each form. year under the rule, one response to maintain The Commission expects that a fund and the Issuer approved a resolution on June records in the United States and one its sponsors would incur these costs 9, 2004 to withdraw the Issuer’s response to update its list of affiliated immediately, and that the annualized cost of Security from listing on the NYSE and persons. The Commission staff further the expenditures would be $17,280 in the to list on the American Stock Exchange estimates that a respondent’s investment first year. Some expenditures might involve LLC (‘‘Amex’’). The Board stated that it adviser would make one response each year capital improvements, such as computer determined to withdraw its Security under the rule to maintain records in the equipment, having expected useful lives for from the NYSE and to list the Security United States. Commission staff estimates which annualized figures beyond the first on the Amex for the following reasons: that each recordkeeping response would year would be meaningful. These annualized (i) The Board considered that the Issuer require 6.25 hours each of secretarial and figures are not provided, however, because, will pay lower listing fees to the Amex compliance clerk time at a cost of $21.10 and in most cases, the expenses would be $21.50 per hour, respectively, and the incurred immediately rather than on an than the listing fees that are currently response to update the list of affiliated annual basis. The Commission is not paid to the NYSE; (ii) the Board persons would require 0.25 hours of including these costs in its calculation of the considered that the two other closed- secretarial time, for a total annual burden of annualized capital/start-up costs because no end investment companies (‘‘funds’’), in 25.25 hours at a cost of $537.78. The foreign fund has applied under rule 7d–1 to the same fund complex as the Issuer, estimated number of 25.25 burden hours is register under the Act pursuant to rule 7d– have their common stock currently identical to the current allocation. 1 in the last three years. listed on the Amex; (iii) the Amex caps If a fund were to file an application under We request written comment on: (a) annual listing fees for multiple closed- the rule, the Commission estimates that the Whether the collections of information are end funds of the same sponsor, which rule would impose initial information necessary for the proper performance of the collection burdens (for filing an application, functions of the Commission, including will result in savings for both the Issuer preparing the specified charter, bylaw, and whether the information has practical utility; and the other funds in the fund contract provisions, designations of agents (b) the accuracy of the Commission’s estimate complex; and (iv) the Issuer also for service of process, and an initial list of of the burdens of the collection of affiliated persons, and establishing a means information; (c) ways to enhance the quality, 1 15 U.S.C. 78l(d). of keeping records in the United States) of utility, and clarity of the information 2 17 CFR 240.12d2–2(d).
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considered the fact that monitoring For the Commission, by the Division of Utility Holding to declare and pay two compliance with one set of listing Market Regulation, pursuant to delegated dividends out of its capital account to 4 requirements, rather than monitoring authority. CenterPoint consisting of the proceeds it compliance with the listing Jonathan G. Katz, receives from the first and second phase requirements of both the NYSE and the Secretary. of the sale of its interest in Texas Genco Amex, as is currently the case, would [FR Doc. E4–3296 Filed 11–22–04; 8:45 am] Holdings, Inc. (‘‘Texas Genco’’). result in administrative efficiencies. BILLING CODE 8010–01–P CenterPoint holds its utility interests The Issuer represented in its through Utility Holding, a Delaware application that it has complied with limited liability company that is a the NYSE’s rules governing an issuer’s SECURITIES AND EXCHANGE conduit entity formed solely to voluntary withdrawal of a security and COMMISSION minimize tax liability. Utility Holding is with all applicable laws in effect in the [Release No. 35–27910] wholly-owned by CenterPoint and a State of Maryland, the state in which it registered holding company subsidiary. is incorporated. The Issuer’s application Filing Under the Public Utility Holding Utility Holding owns the stock of Texas relates solely to the withdrawal of the Company Act of 1935, as Amended Genco and CenterPoint Energy Houston Security from listing on the NYSE, and Electric, LLC (‘‘T&D Utility’’).1 shall not affect its continued listing on November 16, 2004. Notice is hereby given that the CenterPoint is in the process of the Amex or its obligation to be completing the final steps in a registered under section 12(b) of the following filing(s) has/have been made 3 with the Commission under provisions restructuring process that began when Act. Texas adopted legislation designed to Any interested person may, on or of the Act and rules promulgated under deregulate and restructure the electric before December 13, 2004 comment on the Act. All interested persons are utility industry in the state. That the facts bearing upon whether the referred to the application(s) and/or legislation required integrated electric application has been made in declaration(s) for complete statements of utilities to separate their generating, accordance with the rules of the NYSE the proposed transaction(s) summarized transmission and distribution, and retail and what terms, if any, should be below. The application(s) and/or sales functions in accordance with plans imposed by the Commission for the declaration(s) and any amendment(s) is/ approved by the Public Utility protection of investors. All comment are available for public inspection Commission of Texas (‘‘Texas letters may be submitted by either of the through the Commission’s Branch of Commission’’). CenterPoint’s following methods: Public Reference. Interested persons wishing to predecessor, Reliant Energy Electronic Comments comment or request a hearing on the Incorporated (‘‘REI’’) accomplished its • Send an e-mail to rule- application(s) and/or declaration(s) restructuring in the fall of 2002, when [email protected]. Please include the should submit their views in writing by after CenterPoint became the parent File Number 1–10996 or; December 9, 2004, to the Secretary, entity, CenterPoint distributed to its Securities and Exchange Commission, shareholders its remaining ownership Paper Comments Washington, DC 20549–0609, and serve interest in its merchant power • Send paper comments in triplicate a copy on the relevant applicant(s) and/ generation and energy trading and to Jonathan G. Katz, Secretary, or declarant(s) at the address(es) marketing business.2 In order to Securities and Exchange Commission, specified below. Proof of service (by facilitate compliance with the Texas 450 Fifth Street, NW., Washington, DC affidavit or, in the case of an attorney at restructuring law, CenterPoint retained 20549–0609. law, by certificate) should be filed with ownership of the Texas generating All submissions should refer to File the request. Any request for hearing assets (which were placed in Texas Number 1–10996. This file number should identify specifically the issues of Genco), pending determination of should be included on the subject line facts or law that are disputed. A person stranded costs by the Texas if e-mail is used. To help us process and who so requests will be notified of any Commission.3 review your comments more efficiently, hearing, if ordered, and will receive a please use only one method. The copy of any notice or order issued in the 1 Texas Genco is an associate company, and not Commission will post all comments on matter. After December 9, 2004, the a subsidiary of the T&D Utility. 2 By order dated June 5, 2002, the Commission the Commission’s Internet Web site application(s) and/or declaration(s), as authorized the formation of CenterPoint as a new (http://www.sec.gov/rules/delist.shtml). filed or as amended, may be granted registered holding company and CenterPoint’s Comments are also available for public and/or permitted to become effective. distribution to shareholders of the remaining stock inspection and copying in the of Reliant Resources, Inc., a merchant power CenterPoint Energy, Inc., et al. generation and energy trading and marketing Commission’s Public Reference Room, business (Holding Company Act Release No. 450 Fifth Street, NW., Washington, DC CenterPoint Energy, Inc. 27548). 20549. All comments received will be (‘‘CenterPoint’’), 1111 Louisiana, 3 Under the Texas restructuring law, the T&D posted without change; we do not edit Houston, Texas, 77002, a registered Utility would be allowed to recover, among other personal identifying information from holding company under the Act and costs, the amount by which the market value of its generating assets, as determined by the Texas submissions. You should submit only Utility Holding, LLC, (‘‘Utility Commission under a formula prescribed by law, is information that you wish to make Holding’’), 200 West Ninth Street Plaza, below its regulatory book value for those assets as available publicly. Suite 411, Wilmington, Delaware, of the end of 2001 (otherwise known as stranded The Commission, based on the 19801, have filed with the Securities costs). Utility Holding has recorded an after-tax charge to earnings in the third quarter of 2004 of information submitted to it, will issue and Exchange Commission approximately $894 million. The charge was an order granting the application after (‘‘Commission’’) a declaration recorded before the Texas Commission rendered its the date mentioned above, unless the (‘‘Declaration’’) under section 12(c) of final decision and was based on CenterPoint’s Commission determines to order a the Act and rules 46 and 54 under the understanding of the Texas Commission’s deliberations during previous public meetings. On hearing on the matter. Act asking the Commission to authorize November 11, 2004, the Texas Commission issued a draft order and, based on that order, Utility 3 3 15 U.S.C. 78l(b). 4 4 17 CFR 200.30–3(a)(1). Holding does not believe that it will be required to
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On July 21, 2004, CenterPoint SECURITIES AND EXCHANGE one leg of the order betters the announced the sale of Texas Genco, COMMISSION corresponding bid (offer) in the book. which will be accomplished in two Stock-option orders and security future- steps. The first step is expected to be [Release No. 34–50682; File No. SR–CBOE– option orders, as defined in Rule 2004–45] completed in the fourth quarter of 2004 1.1(ii)(a) and Rule 1.1(zz)(a) and will involve Texas Genco Self-Regulatory Organizations; respectively, have priority over bids purchasing the approximately 19% of Chicago Board Options Exchange, (offers) of the trading crowd but not over its shares owned by the public at a price Incorporated; Notice of Filing of a bids (offers) of public customers in the of $47 per share, and then selling its Proposed Rule Change and limit order book. fossil-fueled generating business to the Amendment Nos. 1 and 2 Thereto * * * Interpretations and Policies buyer. In the second step, expected to Relating to the Trading of Complex *** No change. take place in the first half of 2005 Orders on the CBOE Hybrid System following receipt of approval by the Rule 6.45A Priority and Allocation of November 17, 2004. Nuclear Regulatory Commission, Texas Trades for CBOE Hybrid System Pursuant to Section 19(b)(1) of the Genco will merge with a subsidiary of Securities Exchange Act of 1934 * * * * * the buyer, thus transferring its (‘‘Act’’),1 and Rule 19b–4 thereunder,2 (a) No change. remaining asset, an interest in a nuclear notice is hereby given that on July 19, (b) (i)–(ii) No change. generating facility. 2004, the Chicago Board Options (iii) Exception: Complex Order Total cash proceeds from both steps Exchange, Incorporated (‘‘CBOE’’ or Priority: will be approximately $2.9 billion. ‘‘Exchange’’) filed with the Securities A [member holding a] spread, CenterPoint intends to use the net after- and Exchange Commission straddle, combination, or ratio order (or a stock-option order or security future- tax proceeds of about $2.5 billion to (‘‘Commission’’) the proposed rule option order, as defined in Rule retire debt. In the first stage of the sale change as described in Items I, II and III 1.1(ii)(b) and Rule 1.1(zz)(b), transaction, Texas Genco will receive below, which Items have been prepared respectively) may be executed at [and cash for the sale of its fossil generating by the CBOE. On November 8, 2004, the CBOE: submitted Amendment No. 1 to bidding (offering) on] a net debit or business and will dividend $2.231 credit [basis] price (in a multiple of the billion of those proceeds to Utility the proposed rule change; withdrew Amendment No. 1; and submitted minimum increment) [may execute the Holding. Utility Holding in turn will order] with another member without simultaneously dividend that amount to Amendment No. 2 to the proposed rule 3 giving priority to equivalent bids (offers) CenterPoint, which will repay bank debt change. The Commission is publishing this notice to solicit comments on the in the trading crowd or in the book and release a pledge that banks hold on provided at least one leg of the order the Texas Genco common stock. In the proposed rule change, as amended, from interested persons. betters the corresponding bid (offer) in second step, Utility Holding will receive the book. Stock-option orders and $700 million in cash for the sale of its I. Self-Regulatory Organization’s security future-option orders, as defined stock in Texas Genco and will dividend Statement of the Terms of Substance of in Rule 1.1(ii)(a) and Rule 1.1(zz)(a) that amount to CenterPoint. the Proposed Rule Change respectively, have priority over bids Because it is the vehicle through The CBOE proposes to adopt a (offers) of the trading crowd but not over which CenterPoint holds its utility complex order rule applicable to trading bids (offers) of public customers in the interests, Utility Holding has recorded a on the CBOE Hybrid System. The text of limit order book. (c)–(d) No change substantial charge to its retained the proposed rule change is set forth below. Proposed new language is in * * * Interpretations and Policies earnings account in connection with the No change extraordinary events of the sale of Texas italics; proposed deletions are in Genco and the stranded cost proceeding. [brackets]. RULE 6.53C COMPLEX ORDERS ON THE HYBRID SYSTEM In addition, the magnitude of the Rule 6.45 Priority of Bids and Offers— expected proceeds from both phases of Allocations of Trades (a) Definition: A complex order is any the sale of Texas Genco exceeds Utility order for the same account as defined * * * * * Holding’s ability to dividend to below: (a)–(d) No change. CenterPoint the proceeds from each 1. Spread Order: A spread order is as (e) Complex Order Priority Exception: defined in Rule 6.53(d). phase of the sale out of retained A [member holding a] spread, straddle, earnings. 2. Straddle Order: A straddle order is combination, or ratio order (or a stock- as defined in Rule 6.53(f). For the Commission, by the Division of option order or security future-option 3. Strangle Order: A strangle order is Investment Management, pursuant to order, as defined in Rule 1.1(ii)(b) and an order to buy (sell) a number of call delegated authority. Rule 1.1(zz)(b), respectively) may be option contracts and the same number Margaret H. McFarland, executed at [and bidding (offering) on] of put option contracts in the same Deputy Secretary. a net debit or credit [basis] price (in a underlying security, which contracts [FR Doc. E4–3286 Filed 11–22–04; 8:45 am] multiple of the minimum increment) have the same expiration date (e.g., an [may execute the order] with another BILLING CODE 8010–01–P order to buy two XYZ June 35 calls and member without giving priority to to buy two XYZ June 40 puts). equivalent bids (offers) in the trading 4. Combination Order: A combination crowd or in the book provided at least order is as defined in Rule 6.53(e). 5. Ratio Order: A spread, straddle or 1 15 U.S.C. 78s(b)(1). combination order may consist of legs 2 17 CFR 240.19b–4. 3 In Amendment No. 2, CBOE replaced in its that have a different number of take any additional material charges to earnings in entirety the original proposed rule filing. contracts, so long as the number of connection with the stranded cost proceeding. Amendment No. 2 is incorporated into this notice. contracts differs by a permissible ratio.
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For purposes of this section, a determined by the appropriate A. Self-Regulatory Organization’s permissible ratio is any ratio that is Exchange committee on a class by class Statement of the Purpose of, and equal to or greater than one-to-three basis. All pronouncements regarding Statutory Basis for, the Proposed Rule (.333) and less than or equal to three- routing procedures will be announced to Change to-one (3.00). For example, a one-to-two the membership via Regulatory Circular. 1. Purpose (.5) ratio, a two-to-three (.667) ratio, or The appropriate Exchange committee a two-to-one (2.00) ratio is permissible, also will determine whether to allow Complex orders typically involve whereas a one-to-four (.25) ratio or a complex orders from non-broker-dealer multiple option orders (which may be four-to-one (4.0) ratio is not. public customers and from broker- coupled with stock) executed 6. Butterfly Spread Order: A butterfly dealers that are not market makers or simultaneously as part of the same spread order is an order involving three specialists on an options exchange to strategy. Currently, these orders route to series of either put or call options all route from PAR to the COB. the PAR terminal in the trading crowd having the same underlying security (ii) Priority of Complex Orders in the where they are announced to the trading and time of expiration and, based on COB: Orders from public customers crowd and are traded in open outcry. As the same current underlying value, have priority over orders from non- an enhancement to the CBOE Hybrid where the interval between the exercise public customers. Multiple public System (‘‘Hybrid’’), the Exchange price of each series is equal, which customer complex orders at the same intends to develop a complex order orders are structured as either (i) a price are accorded priority based on book (‘‘COB’’), which will facilitate ‘‘long butterfly spread’’ in which two time. more automated handling of complex short options in the same series offset by orders.4 Additionally, the Exchange (iii) Execution of Complex Orders in one long option with a higher exercise proposes to adopt a separate complex the COB: Complex orders resting in the price and one long option with a lower order rule applicable solely to the COB may be executed without exercise price or (ii) a ‘‘short’’ butterfly Hybrid system. spread’’ in which two long options in consideration to prices of the same the same series are offset by one short complex orders that might be available 1. Definitional option with a higher exercise price and on other exchanges. Complex orders Proposed paragraph (a) of CBOE Rule one short option with a lower exercise resting in the COB may trade in the 6.53C is a definitional section. The first price. following way: five order types in that section (spread 7. Box/Roll Spread Order: Box spread (1) Orders in the Electronic Book order, straddle order, strangle order, means an aggregation of positions in a (‘‘EBook’’): A complex order in the COB combination order, and combination long call option and short put option will automatically execute against order with non-equity option legs) are with the same exercise price (‘‘buy individual orders or quotes residing in defined in other CBOE rules (most side’’) coupled with a long put option EBook provided the complex order can notably CBOE Rule 6.53, Certain Types and short call option with the same be executed in full (or in a permissible of Orders Defined) but for ease of exercise price (‘‘sell side’’) all of which ratio) by the orders in EBook. reference, the Exchange includes them have the same aggregate current (2) Orders in COB: Complex orders in in this new rule. The next four order underlying value, and are structured as the COB that are marketable against type definitions (ratio order, butterfly either: A) a ‘‘long box spread’’ in which each other will automatically execute. spread order, box/roll spread order, the sell side exercise price exceeds the (3) Market participants, as defined in collar order) are new but are buy side exercise price or B) a ‘‘short CBOE Rule 6.45A, may submit orders to substantially identical to those box spread’’ in which the buy side trade against orders in the COB. The contained in International Securities exercise price exceeds the sell side allocation of complex orders among Exchange, Inc. (‘‘ISE’’) Rule 722(a)(6–9). exercise price. market participants shall be done The last order type definitions are for 8. Collar Orders and Risk Reversals: A pursuant to CBOE Rule 6.45A(c). conversions and reversals, which are a collar order (risk reversal) is an order type of stock-option order as defined in involving the sale (purchase) of a call (iv) Complex orders in the COB may be designated as day orders or good-til- CBOE Rule 1.1(ii). They are included (put) option coupled with the purchase here merely for ease of reference. (sale) of a put (call) option in equivalent cancelled orders. Only those complex units of the same underlying security orders with no more than four legs and 2. Complex Order Book having a lower (higher) exercise price having a ratio of one-to-three or lower, A. Routing Complex Orders: Proposed than, and same expiration date as, the as determined by the appropriate paragraph (c) governs the COB. sold (purchased) call (put) option. Exchange committee, are eligible for Proposed paragraph (i) governs routing 9. Conversions and Reversals: A placement into the COB. and provides that the appropriate conversion (reversal) order is an order II. Self-Regulatory Organization’s Exchange committee will determine involving the purchase (sale) of a put Statement of the Purpose of, and whether complex orders should route to option and the sale (purchase) of a call Statutory Basis for, the Proposed Rule PAR or the COB on a class by class option in equivalent units with the same Change basis. Anytime the committee changes strike price and expiration in the same or amends its routing procedures, it will underlying security, and the purchase In its filing with the Commission, the announce such changes to the (sale) of the related instrument. CBOE included statements concerning membership via Regulatory Circular. (b) Types of Complex Orders: the purpose of, and basis for, the This will provide that all Exchange Complex orders may be entered as fill- proposed rule change and discussed any members will have access to all current or-kill, immediate or cancel, or as all-or- comments it received on the proposed information regarding the routing of none orders as defined in Rule 6.53, or rule change. The text of these statements complex orders. as good-’til-cancelled. may be examined at the places specified With respect to the handling of orders (c) Complex Order Book in Item IV below. The Exchange that route to PAR, the PAR operator will (i) Routing of Complex Orders: prepared summaries, set forth in Complex orders will route either to PAR Sections A, B, and C below, of the most 4 This new proposed rule will not apply to or the Complex Order Book (‘‘COB’’), as significant aspects of such statements. complex order trading in non-Hybrid classes.
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announce the order to the trading incoming complex order is marketable order priority rules as written envision crowd. Any member of the trading against the resting complex order in the open outcry trading, the Exchange crowd will then have the ability to trade COB, it will automatically execute makes minor changes to the text such the order at the limit price or he/she against the resting complex order in the that the rules will be applicable to may offer price improvement. COB upon being ‘‘booked.’’ Finally, electronic trading.7 Alternatively, trading crowd members market participants as defined in CBOE Adoption of a complex order rule for may choose not to trade the order, in Rule 6.45A will have the ability to Hybrid trading provides a framework for which case it will reside on PAR until submit orders to trade against the order the trading of complex orders on the PAR operator ‘‘books it.’’ If a in the COB. Under this option, the Hybrid. This, in turn, should provide complex order becomes marketable complex order in the COB would be investors with greater certainty in the while it is on PAR, the Exchange sends allocated to market participants in routing of their complex orders. The a notification to the PAR operator. accordance with the allocation Exchange believes that the development Proposed paragraph (c)(iii) governs procedures described in CBOE Rule of a complex order trading book will execution of orders in the COB and is 6.45A(c).5 Proposed paragraph (c)(iii) provide deeper and more liquid markets described below. provides that complex orders resting in for complex orders and will provide As stated in the introductory the COB may be executed without order entry firms with a trading paragraph of this rule filing, complex consideration to prices of the same platform the exchange believes is more orders currently route to, and continue complex orders that might be available conducive to satisfying their best to reside on, PAR until they are traded on other exchanges. This is similar to execution and due diligence obligations in open outcry. Accordingly, manual ISE Rule 722(b)(3).6 with respect to these types of orders. intervention is necessary before C. Priority and Complex Orders: This complex orders will execute. The rule filing does not negatively affect the 2. Statutory Basis proposal enhances the treatment of existing priority rules. In this regard, For these reasons, the Exchange complex orders by making them eligible proposed paragraph (c)(ii) explicitly believes the proposed rule change is for placement into an electronic format provides that orders from public consistent with the Act and the rules (i.e., into the COB). Once these orders customers have priority over orders and regulations under the Act rest in the COB, they may trade from non-public customers. For applicable to a national securities electronically (as described below), example, if members of the trading exchange and, in particular, the which means that they may trade more crowd wish to trade a complex order requirements of Section 6(b) of the Act.8 quickly than they otherwise may have resting on PAR that is marketable Specifically, the Exchange believes the in an open outcry environment. against individual public customer proposed rule change is consistent with Moreover, orders residing on PAR are orders in the electronic book, public the Section 6(b)(5) 9 requirements that not displayed. When orders are routed customers would have priority. Multiple the rules of an exchange be designed to into the COB, members with an public customer complex orders at the promote just and equitable principles of interface connection to CBOE will have same price are accorded priority based trade, to prevent fraudulent and the ability to view complex orders on time. The current complex order manipulative acts and, in general, to resting in the COB, which enhances priority exception contained in CBOE protect investors and the public interest. transparency. For these reasons, the Rules 6.45 and Rule 6.45A(b)(iii) will Exchange believes routing complex continue to be applicable. The complex B. Self-Regulatory Organization’s orders into the COB will enhance the order priority exception generally states Statement on Burden on Competition treatment these orders currently receive that a member holding a qualifying The Exchange does not believe that and allow the Exchange to compete complex order may trade ahead of the the proposed rule change will impose more effectively for this type of order book on one leg of the order provided any burden on competition that is not flow. the other leg of the order betters the necessary or appropriate in furtherance Finally, the appropriate Exchange corresponding bid (offer) in the limit of the purposes of the Act. committee also will determine whether order book. For example, assume a to allow complex orders from non- complex order rests in the COB (priced C. Self-Regulatory Organization’s broker-dealer public customers and at a net debit or credit). If this resting Statement on Comments on the from broker-dealers that are not market complex order was marketable against Proposed Rule Change Received From makers or specialists on an options both legs in EBook, the resting complex Members, Participants or Others exchange to route from PAR to the COB. order would have already traded The Exchange has neither solicited Proposed paragraph (c)(iv) provides that automatically. This makes it impossible nor received written comments on the only those complex orders with no more for a marketable incoming complex proposed rule change. than four legs and having a ratio of one- order to trade ahead of resting orders in to-three or lower, as determined by the Ebook that are marketable against all III. Date of Effectiveness of the appropriate Exchange committee, are legs of the resting complex order. Proposed Rule Change and Timing for eligible for placement into the COB. Accordingly, when a marketable Commission Action B. Trading Complex Orders: When the incoming complex order trades against Within 35 days of the date of PAR operator ‘‘books’’ the order, it will a resting complex order, it is only publication of this notice in the Federal route directly into the COB. Once in the because the resting complex order is at Register or within such longer period (i) COB, the order may trade in one of three a better price than the orders in Ebook. as the Commission may designate up to ways. If individual orders or quotes in Finally, because the existing complex 90 days of such date if it finds such the Exchange’s electronic book longer period to be appropriate and (‘‘EBook’’) ‘‘line-up’’ against the legs of 5 Interpretations and Policies .01 and .02 to CBOE publishes its reasons for so finding or the complex order, an automatic Rule 6.45A apply to complex orders on the Hybrid execution occurs, provided the complex System. 6 The Options Price Reporting Authority does not 7 As amended, the proposed rule mirrors ISE’s order can be executed in full (or in a disseminate complex order prices, which eliminates complex order priority rule (Rule 722(b)(2)). permissible ratio) by the orders in market participants’ ability to know what pricing is 8 15 U.S.C. 78(f)(b). EBook. Second, if a subsequent available on other exchanges. 9 15 U.S.C. 78(f)(b)(5).
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(ii) as to which the CBOE consents, the For the Commission, by the Division of (A) Self-Regulatory Organization’s Commission will: Market Regulation, pursuant to delegated Statement of the Purpose of, and 10 (A) By order approve such proposed authority. Statutory Basis for, the Proposed Rule rule change, or Margaret H. McFarland, Change Deputy Secretary. (B) Institute proceedings to determine FICC is seeking to provide whether the proposed rule change [FR Doc. E4–3284 Filed 11–22–04; 8:45 am] interpretive guidance to members should be disapproved. BILLING CODE 8010–01–P pertaining to the member surveillance IV. Solicitation of Comments rules of the Government Securities Division (‘‘GSD’’) and the Mortgage- SECURITIES AND EXCHANGE Interested persons are invited to Backed Securities Division (‘‘MBSD’’) of COMMISSION submit written data, views, and FICC. arguments concerning the foregoing, including whether the proposed rule [Release No. 34–50671; File No. SR–FICC– 1. Background 2004–08] change, as amended, is consistent with Prior to the Commission’s approval of the Act. Comments may be submitted by Self-Regulatory Organizations; Fixed SR–FICC–2003–03,4 the GSD had the any of the following methods: Income Clearing Corporation; Notice of ability to place a member in a Electronic Comments Filing of Proposed Rule Change To surveillance status class depending on Provide Interpretive Guidance to whether the member satisfied one or • Use the Commission’s Internet Members Regarding the Criteria Used more of the enumerated financial and comment form (http://www.sec.gov/ To Place Members on Surveillance operational criteria in the specific class. rules/sro.shtml); or Upon approval of SR–FICC–2003–03, • Status Send an e-mail to rule- FICC implemented new criteria for [email protected]. Please include File November 16, 2004. placing members on surveillance. Number SR–CBOE–2004–45 on the Pursuant to Section 19(b)(1) of the Specifically, all domestic broker-dealers subject line. Securities Exchange Act of 1934 and banks that are GSD netting members 1 Paper Comments (‘‘Act’’), notice is hereby given that on and/or MBSD clearing members are now March 29, 2004, the Fixed Income • assigned a rating that is generated by Send paper comments in triplicate Clearing Corporation (‘‘FICC’’) filed entering financial data of the member to Jonathan G. Katz, Secretary, with the Securities and Exchange into a matrix (‘‘Matrix’’). Members who Securities and Exchange Commission, Commission (‘‘Commission’’) the receive a low rating are placed on an 450 Fifth Street, NW., Washington, DC proposed rule change described in Items internal ‘‘watch list’’ and are monitored 20549–0609. I, II, and III below, which items have more closely. All other types of netting All submissions should refer to File been prepared primarily by FICC. The and clearing members (those who are Number SR–CBOE–2004–45. This file Commission is publishing this notice to not domestic banks or broker-dealers) number should be included on the solicit comments on the proposed rule are not included in the Matrix process subject line if e-mail is used. To help the change from interested parties. but are monitored by FICC’s credit risk Commission process and review your I. Self-Regulatory Organization’s staff using financial criteria deemed comments more efficiently, please use relevant by FICC. only one method. The Commission will Statement of the Terms of Substance of post all comments on the Commission’s the Proposed Rule Change 2. Clarification of Rules Provisions Internet Web site (http://www.sec.gov/ FICC is seeking to provide In describing the process by which rules/sro.shtml). Copies of the interpretive guidance regarding an Credit Risk staff would review members submission, all subsequent approved rule change that amended the and implement the Matrix process, FICC amendments, all written statements criteria used to place members on included in SR–FICC–2003–03 several with respect to the proposed rule surveillance status.2 explanatory footnotes. Specifically, in change that are filed with the footnotes 2 and 3 of Amendment I of the Commission, and all written II. Self-Regulatory Organization’s Statement of the Purpose of, and filing, FICC explained that members communications relating to the would be placed on the Matrix after a proposed rule change between the Statutory Basis for, the Proposed Rule Change thorough review had been performed of Commission and any person, other than various quantitative factors. FICC also those that may be withheld from the In its filing with the Commission, stated that members would be evaluated public in accordance with the FICC included statements concerning for certain parameter breaks based on provisions of 5 U.S.C. 552, will be the purpose of and basis for the applicable monthly or quarterly reports available for inspection and copying in proposed rule change and discussed any generated by credit risk staff.5 FICC at the Commission’s Public Reference comments it received on the proposed Room. Copies of the filing also will be rule change. The text of these statements 4 Supra at 2. available for inspection and copying at may be examined at the places specified 5 In Amendment I to FICC–2003–03, footnote 2 the principal office of the CBOE. All in Item IV below. FICC has prepared stated, ‘‘FICC’s approach to the analysis of members will be based on a thorough quantitative analysis. comments received will be posted summaries, set forth in sections (A), (B), A member’s rating on the Matrix will be based on without change; the Commission does and (C) below, of the most significant factors including (for broker/dealers): Size (total not edit personal identifying aspects of these statements.3 excess net capital), capital, leverage, liquidity and information from submissions. You profitability. Banks will be reviewed based on: size, capital, asset quality, earnings and liquidity.’’ 10 should submit only information that 17 CFR 200.30–3(a)(12). Footnote 3 stated, ‘‘Members will also be evaluated you wish to make available publicly. All 1 15 U.S.C. 78s(b)(1). based on their compliance with certain ‘‘parameter submissions should refer to File 2 Securities Exchange Act Release No. 49158 breaks’’ which will be determined based on Number SR–CBOE–2004–45 and should (January 30, 2004), 69 FR 5624 (February 5, 2004) applicable monthly and/or quarterly exception [File No. SR–FICC–2003–03]. reports generated by Credit Risk. A member may be be submitted on or before December 14, 3 The Commission has modified the text of the placed on the Watch List for failure to fall within, 2004. summaries prepared by FICC. for example, prescribed excess net capital, excess
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this time wishes to clarify its procedures credit risk staff will not be reviewing the Comments may be submitted by any of in this regard. same criteria for these members but will the following methods: Credit risk staff approaches its use similar criteria. As stated in the analysis of members pursuant to the narrative of SR–FICC–2003–03, these Electronic Comments new procedures in the following criteria may include failure to meet • Use the Commission’s Internet manner. First, as mentioned above, minimum financial requirements, comment form (http://www.sec.gov/ domestic broker-dealers and domestic experiencing a significant decrease in rules/sro.shtml) or banks are run through the Matrix and equity or net asset value, or a significant • assigned a rating. Low-rated members loss. This class of members may be Send an E-mail to rule- are placed on the watch list. At this placed on the watch list based on credit [email protected]. Please include File point, credit risk staff may downgrade a risk staff’s analysis of this information. Number SR–FICC–2004–08 on the particular member’s score based on FICC believes that the proposed rule subject line. various qualitative factors. For example, change is consistent with the Paper Comments one qualitative factor might be that the requirements of Section 17A of the Act 6 member in question received a qualified and the rules and regulations • Send paper comments in triplicate audit opinion on its annual audit. In thereunder applicable to FICC because it to Jonathan G. Katz, Secretary, order to protect FICC and its other will facilitate the safeguarding of Securities and Exchange Commission, members, it is important that credit risk securities and funds which are in its 450 Fifth Street, NW., Washington, DC staff maintain the discretion to custody or control or for which it is 20549–0609. downgrade a member’s rating on the responsible and in general will protect All submissions should refer to File Matrix and thus subject the member to investors and the public interest by closer monitoring. Members who Number SR–FICC–2004–08. This file improving FICC’s member surveillance number should be included on the receive a downgraded rating which process. makes them eligible for the watch list subject line if e-mail is used. To help the are also placed on the watch list. All (B) Self-Regulatory Organization’s Commission process and review your rated members, including those on the Statement on Burden on Competition comments more efficiently, please use only one method. The Commission will watch list, are monitored monthly or FICC does not believe that the post all comments on the Commission’s quarterly, depending upon the proposed rule change will have any Internet Web site (http://www.sec.gov/ member’s financial filing frequency, impact, or impose any burden, on against basic minimum financial competition. rules/sro.shtml). Copies of the requirements and other parameters. submission, all subsequent All broker-dealer members included (C) Self-Regulatory Organization’s amendments, all written statements on the watch list are monitored more Statement on Comments on the with respect to the proposed rule closely. This means that they are also Proposed Rule Change Received from change that are filed with the monitored for various parameter breaks, Members, Participants or Others Commission, and all written which may include but are not limited Written comments relating to the communications relating to the to, a defined decline in excess net proposed rule change have not yet been proposed rule change between the capital over a one month or three month solicited or received. FICC will notify Commission and any person, other than period, a defined period loss, a defined the Commission of any written those that may be withheld from the aggregate indebtedness/net capital ratio, comments received by FICC. public in accordance with the a defined net capital/aggregate debit provisions of 5 U.S.C. 552, will be items ratio, and a defined net capital/ III. Date of Effectiveness of the available for inspection and copying in regulatory net capital ratio. All bank Proposed Rule Change and Timing for the Commission’s Public Reference members included on the watch list are Commission Action Section, 450 Fifth Street, NW., also monitored more closely for watch Within thirty-five days of the date of Washington, DC 20549. Copies of such list parameter breaks, which may publication of this notice in the Federal filing also will be available for include but are not limited to, a defined Register or within such longer period (i) inspection and copying at the principal quarter loss, a defined decline in equity, as the Commission may designate up to office of FICC and on FICC’s Web site a defined tier one leverage ratio, a ninety days of such date if it finds such at http://www.ficc.com. All comments defined tier one risk-based capital ratio, longer period to be appropriate and received will be posted without change; and a defined total risk-based capital publishes its reasons for so finding or the Commission does not edit personal ratio. FICC wishes to make clear that (ii) as to which the self-regulatory identifying information from monitoring for the above more stringent organization consents, the Commission submissions. You should submit only parameter breaks is only applicable to will: information that you wish to make those members placed on the watch list. In addition, FICC would like to (A) By order approve such proposed available publicly. All submissions address footnote 5 of Amendment I to rule change or should refer to File Number SR–FICC– rule filing SR–FICC–2003–03. That (B) Institute proceedings to determine 2004–08 and should be submitted on or footnote stated that credit risk staff whether the proposed rule change before December 14, 2004. would monitor those members not should be disapproved. For the Commission by the Division of included in the Matrix process (this IV. Solicitation of Comments Market Regulation, pursuant to delegated includes netting and clearing members authority.7 who are not domestic banks and broker Interested persons are invited to submit written data, views, and Margaret H. McFarland, dealers) using the same criteria as those Deputy Secretary. used for members included on the arguments concerning the foregoing, [FR Doc. E4–3285 Filed 11–22–04; 8:45 am] Matrix. FICC wishes to make clear that including whether the proposed rule change is consistent with the Act. BILLING CODE 8010–01–P liquid capital, aggregate indebtedness, leverage ratio or financial membership requirement parameters.’’ 6 15 U.S.C. 78q–1. 7 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE (A)–(B) No Change. Under current Nasdaq Market Center COMMISSION (C) Decrementation Procedures—The rules, order-delivery ECNs must size of a Quote/Order displayed in the respond to messages sent to them by the [Release No. 34–50678; File No. SR–NASD– order display service and/or the system within 5 seconds on average, 2004–156] quotation montage of the Nasdaq Market and in no event later than 30 seconds Self-Regulatory Organizations; Notice Center will be decremented upon the for any one message. The 5-second of Filing and Immediate Effectiveness delivery of a Liability Order or the average response standard is measured of Proposed Rule Change by National delivery of an execution of a Non- by timestamps generated by the ECN’s Association of Securities Dealers, Inc. Directed Order or Preferenced Order in Service Delivery Platform (‘‘SDP’’) at the Related to ECN Response Time an amount equal to the system-delivered ECN’s trading location. In this filing, Measurement in the Nasdaq Market order or execution. Nasdaq is proposing the adoption of an Center (i) through (iii) No Change. alternative method to measure the 5- (iv) If a Nasdaq ECN regularly fails to second response time for ECNs that November 16, 2004. meet a 5-second response time (as voluntarily elect to link to Nasdaq using Pursuant to section 19(b)(1) of the measured by the ECN’s Service Delivery a direct, dedicated point-to-point Securities Exchange Act of 1934 Platform if linked to the Nasdaq Market communication linkage to receive and (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Center by an application programming respond to order matches delivered to notice is hereby given that on November interface; or as measured by timestamps them.4 Since use of the dedicated 3, 2004, the National Association of generated by the Nasdaq Market Center linkage obviates the need for the SDP to Securities Dealers, Inc. (‘‘NASD’’), if linked to the system by a direct process order match and response through its subsidiary, The Nasdaq connection) over a period of orders, traffic, Nasdaq proposes to measure Stock Market, Inc. (‘‘Nasdaq’’), filed such that the failure endangers the directly-linked ECN response times with the Securities and Exchange maintenance of a fair and orderly using data generated by the Nasdaq Commission (‘‘Commission’’) the market, Nasdaq will place that ECN’s Market Center’s host computers. In proposed rule change as described in quote in a closed-quote state. Nasdaq short, Nasdaq will calculate and Items I, II, and III below, which Items will lift the closed-quote state when the monitor, on a real-time basis, the have been prepared by Nasdaq. The Nasdaq ECN certifies that it can meet difference between two time stamps: (1) Commission is publishing this notice to the 5-second response time requirement The time the Nasdaq Market Center host solicit comments on the proposed rule with regularity sufficient to maintain a dispatched a message to the ECN, and change from interested persons. fair and orderly market. (2) the time the Nasdaq Market Center (v) No Change. received a response back from the ECN. I. Self-Regulatory Organization’s (D) No Change. On an ongoing basis, Nasdaq will Statement of the Terms of the Substance (2)–(8) No Change. monitor individual directly-linked ECN of the Proposed Rule Change (c) through (e) No Change. response times and provide those ECNs with its own order responsiveness time Nasdaq proposes to change NASD II. Self-Regulatory Organization’s statistics, which will not be made Rule 4710 pertaining to the Statement of the Purpose of, and public. As before, if an ECN regularly measurement of Electronic Statutory Basis for, the Proposed Rule fails to meet the 5-second response time Communication Network (‘‘ECN’’) Change response times and will provide ECNs over a number of orders, Nasdaq will participating in the Nasdaq Market In its filing with the Commission, place that ECN’s quote in a closed quote Center the option to receive and Nasdaq included statements concerning state and the closed quote state will be respond to order match delivery traffic the purpose of and basis for the lifted when the ECN can certify that it using a direct, dedicated point-to-point proposed rule change and discussed any can meet the 5-second response time communication linkage.3 The text of the comments it received on the proposed requirement. proposed rule change is below. rule change. The text of these statements By providing ECNs the option to use Proposed new language is in italics. may be examined at the places specified a dedicated linkage, Nasdaq expects to * * * * * in Item IV below. Nasdaq has prepared significantly reduce response delays summaries, set forth in Sections A, B, that can be encountered in the current 4710. Participant Obligations in the and C below, of the most significant environment where order delivery Nasdaq Market Center aspects of such statements. messages directed to ECNs use existing Nasdaq Market Center application (a) No Change. A. Self-Regulatory Organization’s programming interfaces (‘‘APIs’’) to (b) Non-Directed Orders Statement of the Purpose of, and reach their destination and are (1) General Provisions—A Quoting Statutory Basis for, the Proposed Rule commingled, and compete with, other Market Participant in a Nasdaq Market Change Center eligible security, as well as Order Nasdaq Market Center messaging Entry Firms, shall be subject to the 1. Purpose (executions, cancels, etc.) for bandwidth following requirements for Non- ECNs have two options when to reach the ECN’s SDP. All messaging Directed Orders: participating in the Nasdaq Market other than ECN match order delivery Center. They can be ‘‘Auto-Ex’’ ECNs, in and response traffic (e.g., quote updates/ 1 15 U.S.C. 78s(b)(1). which case their quotes/orders are order deliveries, cancels, and executions 2 17 CFR 240.19b–4. subject to automatic execution, or they 3 Pursuant to a telephone conversation on 4 This proposed rule change replaces File No. SR– November 15, 2004, between Thomas Moran, can elect to be ‘‘Order-Delivery,’’ where NASD–2004–66, which was published for Associate General Counsel, Nasdaq, and Marc the system instead delivers a buy or sell comment, and subsequently withdrawn. See McKayle, Special Counsel, Division of Market trading message to the ECN that, in respectively, Securities Exchange Act Release No. Regulation (‘‘Division’’), Commission, the above response, either executes or rejects the 49604 (April 22, 2004), 69 FR 54818 (April 30, language was changed to clarify that an ECN’s use 2004), and Letter from Edward S. Knight, Executive of the direct, dedicated point-to-point message. Today, all ECNs in the Nasdaq Vice President, Nasdaq to Katherine A. England, communication linkage is voluntary under the Market Center participate as order- Assistant Director, Division of Market Regulation, proposed rule change. delivery ECNs. Commission, dated October 15, 2004.
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reports) will continue to flow between The foregoing rule change: (1) Does IV. Solicitation of Comments Nasdaq and ECNs using existing not significantly affect the protection of communications linkages.5 As such, investors or the public interest, (2) does Interested persons are invited to ECNs electing to use a dedicated linkage not impose any significant burden on submit written data, views, and will be required, for the foreseeable competition, and (3) by its terms does arguments concerning the foregoing, future, to maintain the current linkage not become operative for 30 days after including whether the proposed rule infrastructure as well as support the the date of this filing, or such shorter change, as amended, is consistent with new dedicated match order delivery and time as the Commission may designate, the Act. Comments may be submitted by response linkage.6 if consistent with the protection of any of the following methods: 2. Statutory Basis investors and the public interest. Electronic Comments Nasdaq has requested that the Nasdaq believes that the proposed Commission waive the 30-day pre- • Use the Commission’s Internet rule change is consistent with the operative period and the five-day pre- comment form (http://www.sec.gov/ provisions of section 15A of the Act,7 in filing notice requirement for ‘‘non- rules/sro.shtml); or general and with section 15A(b)(6) of controversial’’ proposals, based on the 8 • Send an e-mail to rule- the Act, in particular, in that it is following representations: (1) The [email protected]. Please include File designed to prevent fraudulent and instant proposal is substantively similar manipulative acts and practices, to to File No. SR–NASD–2004–66, which Number SR–NASD–2004–156 on the promote just and equitable principles of was published for comment,11 (2) this subject line. trade, remove impediments to a free and proposal simply establishes a means for Paper Comments open market and a national market ECNs to link directly with Nasdaq in system, and, in general, to protect order to measure the 5-second response • Send paper comments in triplicate investors and the public interest. time obligation that ECNs are currently to Jonathan G. Katz, Secretary, B. Self-Regulatory Organization’s subject to, (3) Nasdaq will conduct the Securities and Exchange Commission, Statement on Burden on Competition calculation process for policing the 5- 450 Fifth Street, NW., Washington, DC Nasdaq does not believe that the second standard for directly-linked 20549–0609. proposed rule change will result in any ECNs and this proposal will not impose All submissions should refer to File burden on competition that is not any specific programming burdens on Number SR–NASD–2004–156. This file necessary or appropriate in furtherance ECNs, and (4) the use of a dedicated number should be included on the of the purposes of the Act, as amended. linkage by an ECN will be purely subject line if e-mail is used. To help the voluntary. In light of the foregoing, and Commission process and review your C. Self-Regulatory Organization’s because the Commission believes that comments more efficiently, please use Statement on Comments on the the proposal should assist Nasdaq’s only one method. The Commission will Proposed Rule Change Received From ability to oversee and monitor the post all comments on the Commission’s Members, Participants, or Others quality of its market, the Commission Internet Web site (http://www.sec.gov/ believes that waiver of the 5-day pre- Written comments were neither rules/sro.shtml). Copies of the solicited nor received. filing requirement and 30-day operative delay is consistent with the protection submission, all subsequent III. Date of Effectiveness of the of investors and the public interest. amendments, all written statements Proposed Rule Change and Timing for Accordingly, the Commission has with respect to the proposed rule Commission Action determined to waive the pre-filing change that are filed with the The proposed rule change has been requirement and the operative delay. Commission, and all written communications relating to the designated by Nasdaq as a ‘‘non- Consequently, the proposed rule proposed rule change between the controversial’’ rule change pursuant to change has become effective pursuant to 9 section 19(b)(3)(A) of the Act and section 19(b)(3)(A) of the Act,12 and Commission and any person, other than subparagraph (f)(6) of Rule 19b–4 Rule 19b–4(f)(6) thereunder,13 with no those that may be withheld from the 10 thereunder. operative delay.14 public in accordance with the provisions of 5 U.S.C. 552, will be 5 While all of this data is important, it is in the At any time within 60 days of the available for inspection and copying in area of Match Order delivery and response traffic filing of the proposed rule change, the the Commission’s Public Reference where delays can have the most negative impact on Commission may summarily abrogate Section, 450 Fifth Street, NW., market participants as a whole since they are the such rule change if it appears to the basis for the swift execution of trades between Washington, DC 20549. Copies of such Commission that such action is order-delivery ECNs and those seeking to interact filing also will be available for with them. Thus, it is on this messaging that necessary or appropriate in the public Nasdaq’s proposed rule change is initially focused. interest, for the protection of investors, inspection and copying at the principal 6 Nasdaq notes that the above linkage only speeds or otherwise in furtherance of the office of the NASD. All comments delivery and receipt of match delivery and response purposes of the Act. received will be posted without change; messages between the Nasdaq Market Center host the Commission does not edit personal computers and the directly-linked ECN, it would not give such traffic any special priority in the 11 See supra note 4. identifying information from Nasdaq Market Center execution process. Nasdaq 12 15 U.S.C. 78s(b)(1). submissions. You should submit only believes that its approach will enhance the speed 13 17 CFR 240.19b–4(f)(6). information that you wish to make and efficiency of the Nasdaq Market Center system 14 Nasdaq will provide market participants with as a whole and can provide a more accurate available publicly. notice of the exact date of the implementation of understanding of whether Nasdaq or an ECN’s own the proposed rule change via a Head Trader Alert All submissions should refer to File internal system is at fault when ECN order on http://www.nasdaqtrader.com. Corresponding processing is unduly delayed. Number SR–NASD–2004–156 and changes and footnote added pursuant to telephone 7 should be submitted on or before 15 U.S.C. 78o–3. conversation between Thomas Moran, Associate 8 15 U.S.C. 78o–3(b)(6). General Counsel, Nasdaq, and Marc McKayle, December 14, 2004. 9 15 U.S.C. 78s(b)(1). Special Counsel, Division, Commission, on 10 17 CFR 240.19b–4(f)(6). November 16, 2004.
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For the Commission, by the Division of longer persist. Under procedures makers trading non-Rule 19c–3 and Market Regulation, pursuant to delegated implemented by the Consolidated Tape Rule 19c–3 securities,7 thus allowing 15 authority. Association,4 Nasdaq, as well as any market makers to engage in CGQ in Margaret H. McFarland, other Participant, now has the exchange-listed securities, under Deputy Secretary. opportunity to request additional particular circumstances. The [FR Doc. E4–3300 Filed 11–22–04; 8:45 am] capacity to accommodate increased Commission has extended the BILLING CODE 8010–01–P quoting, while bearing the expense. exemption annually since December Under the proposal, market makers 2000.8 In granting the exemption, the would be able to engage in CGQ without Commission determined that the SECURITIES AND EXCHANGE limitations. COMMISSION exemption was consistent with the III. Discussion and Commission public interest, the protection of [Release No. 34–50683; File No. SR–NASD– Findings investors, the maintenance of fair and 2004–107] In the past, the Commission has orderly markets and the removal of Self-Regulatory Organizations; recognized concerns regarding the impediments to, and the perfection of National Association of Securities accessibility of CGQ and the impact of the mechanisms of, a national market Dealers, Inc.; Order Approving such quoting on system capacity.5 system because it allowed market Proposed Rule Change Relating to Nasdaq has assured the Commission makers to continue to participate in the Computer Generated Quoting in that these capacity constraints no longer market for non-Rule 19c–3 securities Exchange-Listed Securities persist, since it is now able to request and to compete for order flow in Rule additional capacity in order to 19c–3 securities. The Commission is not November 17, 2004. accommodate increased quoting. Thus aware of any negative effects from the I. Introduction the Commission believes that lifting the use of computer generated quotations by On July 12, 2004, the National current restrictions on CGQ in Nasdaq market makers during the nearly Association of Securities Dealers, Inc. exchange-listed securities should not four year period covered by the (‘‘NASD’’), through its subsidiary, The cause a significant impact upon system Commission’s exemption. Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), capacity and data traffic. Furthermore, For the foregoing reasons, the filed with the Securities and Exchange the Commission notes that various Commission finds that the proposed markets have moved towards automated Commission (‘‘Commission’’), pursuant rule change is consistent with the systems to make their markets more to Section 19(b)(1) of the Securities provisions of section 15A of the Act 9 in 1 efficient.6 Exchange Act of 1934 (‘‘Act’’) and Rule general, and section 15A(b)(6) of the 2 19b–4 thereunder, a proposed rule In addition, the Commission notes 10 that permitting automated generation of Act, which requires that the rules of change to allow market makers to the NASD foster cooperation and engage in Computer Generated Quoting quotations will likely contribute to more accurate and informative quotations coordination with persons engaged in (‘‘CGQ’’) in exchange-listed securities. facilitating transactions in securities and The proposed rule change was because market makers are able to use remove impediments to and perfect the published for comment in the Federal automated measures to produce mechanism of a free and open market. Register on October 12, 2004.3 The accessible quotations that add value to Commission received no comment the market without limitation. IV. Conclusion letters on the proposal. This order Permitting the use of CGQ by market approves the proposed rule change. makers allows them to utilize It is therefore ordered, Pursuant to technology to fulfill their quotation section 19(b)(2) of the Act 11 the II. Description of the Proposal obligations efficiently. Moreover, proposed rule change (SR–NASD–2004– Nasdaq proposed to eliminate NASD allowing market makers to utilize 107) is approved. Rule 6330(d), which governs CGQ in technology in this manner reduces any For the Commission, by the Division of exchange-listed securities. NASD Rule competitive disadvantage that the Market Regulation, pursuant to delegated 6330(d) prohibits the practice of previous auto-quote ban may have authority.12 automatically, and without cognizable created, with the potential to benefit human intervention, updating a market investors by improving liquidity, Margaret H. McFarland, maker’s quote to keep the market maker transparency, and order interaction in Deputy Secretary. away from the inside market. NASD the Nasdaq Market Center. [FR Doc. E4–3301 Filed 11–22–04; 8:45 am] Rule 6330(d)(2) however, contains Section 8(d)(ii) of the Intermarket BILLING CODE 8010–01–P exceptions to the general prohibition in Trading System (‘‘ITS’’) Plan governs CGQ, including exceptions for conduct the adoption and implementation of 7 See Letter to Eugene A. Lopez, Senior Vice that is consistent with the Commission’s trade-through rules by ITS Participants. President, Nasdaq, from Robert L.D. Colby, Deputy Order Handling Rules, and for CGQ that In February 2000, the Commission Director, Division of Market Regulation equals or improves either or both sides granted NASD an exemption from the (‘‘Division’’), Commission, dated February 11, 2000. 8 See Letters to Eugene A. Lopez, Senior Vice of the national best bid or offer provisions of the ITS Plan relating to President, Nasdaq, from Robert L.D. Colby, Deputy (‘‘NBBO’’) or adds size to the NBBO. automated quote generation by market Director, Division, Commission dated December 22, The limitations contained in NASD 2000, and December 21, 2001; Letter to Eugene A. Rule 6330(d) were originally 4 See Securities Exchange Act Release No. 47030 Lopez, Senior Vice President, Nasdaq, from Alden implemented because of capacity (December 18, 2002), 67 FR 78832 (December 26, S. Adkins, Associate Director, Division, Commission, December 31, 2002; and Letter to constraints that Nasdaq has stated no 2002). 5 See Securities Exchange Act Release No. Eugene A. Lopez, Executive Vice President, Nasdaq, 37619A (September 6, 1996), 61 FR 48290 from David S. Shillman, Associate Director, 15 17 CFR 200.30–3(a)(12). (September 12, 1996) (‘‘Order Execution Division, Commission, dated December 23, 2003. 1 15 U.S.C. 78s(b)(1). Obligations’’). 9 15 U.S.C. 78o–3. 2 17 CFR 240.19b–4. 6 See Securities Exchange Act Release No. 49749 10 15 U.S.C. 78o–3(b)(6). 3 See Securities Exchange Act Release No. 50478 (February 26, 2004), 69 FR 11126 (March 9, 2004) 11 15 U.S.C. 78s(b)(2). (September 30, 2004), 69 FR 60692. (‘‘Proposed Regulation NMS’’). 12 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE Rules of the PCX Equities, Inc. prior service (provided such COMMISSION Rule 5 Listings compensation is not contingent in any way on continued service). Such ¶ 7956R Corporate Governance and director shall not be independent until [Release No. 34–50677; File No. SR–PCX– Disclosure Policies 2004–108] three years after he or she ceases to Rule 5.3–5.3(k)(1)—No Change. receive more than $100,000 per year in Self-Regulatory Organizations; Notice Rule 5.3(k)(1)(A)—A director who is such compensation. of Filing and Immediate Effectiveness an employee or former employee, or Rule 5.3(k)(1)(G)–5.3(k)(6)—No of Proposed Rule Change by the whose immediate family member is an Change. executive officer, of the listed company Pacific Exchange, Inc. To Amend the * * * * * Corporate Governance Requirements whose employment ended within the for PCX Listed Companies past three years. II. Self-Regulatory Organization’s Rule 5.3(k)(1)(B)–(D)—No Change. Statement of the Purpose of, and November 16, 2004. Rule 5.3(k)(1)(E)—A director who is Statutory Basis for, the Proposed Rule Pursuant to section 19(b)(1) of the an executive officer or an employee, or Change whose immediate family member is an Securities Exchange Act of 1934 In its filing with the Commission, the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 executive officer, of a company that makes payments to, or receives PCX included statements concerning the notice is hereby given that on November payments from, the listed company for purpose of and basis for the proposed 15, 2004, the Pacific Exchange, Inc. property or services in an amount rule change and discussed any (‘‘PCX’’ or ‘‘Exchange’’) filed with the which, in any single fiscal year, exceeds comments it received on the proposed Securities and Exchange Commission the greater of $200,000 or 5% of such rule change. The text of these statements (‘‘Commission’’) the proposed rule other company’s consolidated gross may be examined at the places specified change as described in Items I, II and III revenues, is not ‘‘independent’’ until in Item IV below. The self-regulatory below, which Items have been prepared three years after falling below such organization has prepared summaries, by the self-regulatory organization. The threshold. For purposes of this rule, set forth in sections A, B and C below, Commission is publishing this notice to charitable organizations shall not be of the most significant aspects of such solicit comments on the proposed rule considered ‘‘companies’’, provided statements. change from interested persons. The however that a listed company shall A. Self-Regulatory Organization’s proposed rule change has been filed by disclose in its annual proxy statement, Statement of the Purpose of, and PCX as a ‘‘non-controversial’’ rule or if the listed company does not file an Statutory Basis for, the Proposed Rule change under Rule 19b–4 under the annual proxy statement, in the Change Act,3 which renders the proposal company’s annual report on Form 10–K effective upon filing with the filed with the SEC, any charitable 1. Purpose Commission.4 The Commission is contributions made by the listed publishing this notice to solicit company to any charitable organization The purpose of this rule change is to comments on the proposed rule change in which a director serves as an make certain modifications to the from interested persons. executive officer if, within the Exchange’s Corporate Governance and preceding three years, contributions in Disclosure Policies. With regard to PCX I. Self-Regulatory Organization’s any single fiscal year exceeded the Rule 5.3(k)(1)(A) and 5.3(k)(1)(F), the Statement of the Terms of Substance of greater of $200,000 or 5% of such proposed changes will amend director the Proposed Rule Change charitable organization’s consolidated independence standards so that immediate family members of a director The Pacific Exchange, Inc. (‘‘PCX’’ or gross revenues. At any time, however, are only included in the standards if ‘‘Exchange’’), through its wholly owned when an issuer has a class of securities they are executive officers of the listed subsidiary PCX Equities, Inc. (‘‘PCXE’’) that is listed on a national securities exchange or national securities company.5 The Exchange also proposes is proposing to amend its Corporate association other than the Corporation to allow, in the limited situation of Rule Governance and Disclosure Policies. and is subject to requirements 5.3(k)(1)(E), dually listed companies to The proposed changes will amend substantially similar to those set forth in apply the independence standards of certain director independence standards this Section 5.3(k)(1)(E) the issuer shall other SROs. The proposed changes to so that immediate family members of a not be required to separately meet the Rules 5.3(k)(1)(A) and 5.3(k)(1)(F) will director are only included in the requirements set forth above. eliminate certain inconsistencies standards if they are executive officers Governance requirements of other between the Exchange’s rules and those of the listed company. The Exchange markets will be considered to be of other national securities exchanges or also proposes to allow dually listed substantially similar to the requirements national securities associations. The companies to apply the independence above if they are adopted by the New proposed change to Rule 5.3(k)(1)(E) standards of other self-regulatory York Stock Exchange or the National will allow dually listed issuers to apply organizations (‘‘SROs’’) in limited Association of Securities Dealers (for the one uniform test to determine situations. The text of the proposed rule Nasdaq National Market or Small Cap independence of their directors change is set forth below. Proposed new Market). regardless of how many SROs list their language is in italics; proposed Rule 5.3(k)(1)(F)—A director who security. deletions are in brackets. receives, or whose immediate family * * * * * member is an executive employee who 5 As revised by the proposed rule change, these receives, more than $100,000 per year in provisions will be similar to Sections 303A.02(b)(i) and (b)(ii) of the NYSE Listed Company Manual. 1 direct compensation from the listed 15 U.S.C. 78s(b)(1). Telephone conversation between Steven B. Matlin, 2 17 CFR 240.19b–4. company, other than director and Senior Attorney, Regulatory Policy, PCX, and 3 Id. committee fees and pension or other Geoffrey Pemble, Special Counsel, Division, 4 17 CFR 240.19b–4(f)(6). forms of deferred compensation for Commission, on November 16, 2004.
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2. Statutory Basis 19(b)(3)(A) of the Act 10 and Rule 19b– identifying information from 4(f)(6) thereunder.11 submissions. You should submit only The Exchange believes that the At any time within 60 days of the information that you wish to make proposed rule change is consistent with filing of the proposed rule change, the available publicly. section 6(b) of the Act 6 in general, and Commission may summarily abrogate All submissions should refer to File furthers the objectives of section 6(b)(5) such rule change if it appears to the No. SR–PCX–2004–108 and should be of the Act 7 in particular, because it is Commission that such action is submitted on or before December 14, designed to prevent fraudulent and necessary or appropriate in the public 2004. manipulative acts and practices, to interest, for the protection of investors, For the Commission, by the Division of promote just and equitable principles of or otherwise in furtherance of the Market Regulation, pursuant to delegated change, to foster cooperation and purposes of the Act. authority.12 coordination with persons engaged in IV. Solicitation of Comments Margaret H. McFarland, facilitating transactions in securities, Deputy Secretary. and to remove impediments to and Interested persons are invited to [FR Doc. E4–3297 Filed 11–22–04; 8:45 am] perfect the mechanism of a free and submit written data, views, and BILLING CODE 8010–01–P open market and a national market arguments concerning the foregoing, system. including whether the proposed rule B. Self-Regulatory Organization’s change is consistent with the Act. SECURITIES AND EXCHANGE Statement on Burden on Competition Comments may be submitted by any of COMMISSION the following methods: The Exchange does not believe that [Release No. 34–50676; File No. SR–Phlx– Electronic Comments 2004–67] the proposed rule change will impose • Use the Commission’s Internet any burden on competition that is not Self-Regulatory Organizations; comment form (http://www.sec.gov/ necessary or appropriate in furtherance Philadelphia Stock Exchange, Inc.; rules/sro.shtml); or of the purposes of the Act. Notice of Filing and Immediate • Send an e-mail to rule- Effectiveness of Proposed Rule C. Self-Regulatory Organization’s [email protected]. Please include File Change Relating To Assessing Index Statement on Comments on the No. SR–PCX–2004–108 on the subject Option Charges for FXI Options Proposed Rule Change Received From line. Members, Participants, or Others Paper Comments November 16, 2004. Pursuant to section 19(b)(1) of the Written comments on the proposed • Send paper comments in triplicate rule change were neither solicited nor Securities Exchange Act of 1934 to Jonathan G. Katz, Secretary, 1 2 received. (‘‘Act’’), and Rule 19b–4 thereunder, Securities and Exchange Commission, notice is hereby given that on October III. Date of Effectiveness of the 450 Fifth Street, NW., Washington, DC 19, 2004, the Philadelphia Stock Proposed Rule Change and Timing for 20549–0609. Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) Commission Action All submissions should refer to File filed with the Securities and Exchange No. SR–PCX–2004–108. This file Commission (‘‘Commission’’) the The proposed rule change has been number should be included on the proposed rule change as described in designated by PCX as a ‘‘non- subject line if e-mail is used. To help the Items I and II below, which Items have controversial’’ rule change pursuant to Commission process and review your been prepared by the Phlx. On section 19(b)(3)(A) of the Act 8 and comments more efficiently, please use November 16, 2004, the Exchange filed subparagraph (f)(6) of Rule 19b–4 only one method. The Commission will Amendment No. 1 to the proposed rule thereunder.9 post all comments on the Commission’s change.3 The Commission is publishing The foregoing proposed rule change: Internet Web site (http://www.sec.gov/ this notice to solicit comments on the (1) Does not significantly affect the rules/sro.shtml). Copies of the proposed rule change from interested protection of investors or the public submission, all subsequent persons. interest, (2) does not impose any amendments, all written statements significant burden on competition, and with respect to the proposed rule I. Self-Regulatory Organization’s (3) by its terms does not become change that are filed with the Statement of the Terms of Substance of operative for 30 days after the date of Commission, and all written the Proposed Rule Change this filing, or such shorter time as the communications relating to the The Phlx proposes to amend its Commission may designate, if proposed rule change between the Summary of Index Option Charges fee consistent with the protection of Commission and any person, other than schedule to include options listed on investors and the public interest. those that may be withheld from the the iShares FTSE/Xinhua China 25 Furthermore, the PCX gave the public in accordance with the Index Fund (‘‘FXI Options’’),4 an Commission written notice of its intent provisions of 5 U.S.C. 552, will be exchange-traded fund (‘‘ETF’’). to file the proposed rule change, along available for inspection and copying in Specifically, the Exchange proposes to with a brief description and text of the the Commission’s Public Reference charge transactions involving FXI proposed rule change, at least five Section, 450 Fifth Street, NW., Options according to the Exchange’s business days prior to the date of filing Washington, DC 20549. Copies of such of the proposed rule change. filing also will be available for 12 17 CFR 200.30–3(a)(12). Consequently, the proposed rule change inspection and copying at the principal 1 15 U.S.C. 78s(b)(1). has become effective pursuant to section office of the PCX. All comments 2 17 CFR 240.19b–4. received will be posted without change; 3 Amendment No. 1 made a minor technical change to the proposed Summary of Index Option 6 6 15 U.S.C. 78f(b). the Commission does not edit personal and FXI Options Charges. 7 15 U.S.C. 78f(b)(5). 4 The Exchange started listing and trading FXI 8 15 U.S.C. 78s(b)(3)(A). 10 15 U.S.C. 78s(b)(3)(A). Options, a product that is an equity option, on 9 17 CFR 240.19b–4(f)(6). 11 17 CFR 240.19b–4(f)(6). October 19, 2004.
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Summary of Index Option Charges, as 2. Statutory Basis Paper Comments opposed to the fees set forth in the The Exchange believes that its • Exchange’s Summary of Equity Option Send paper comments in triplicate proposal to amend its schedule of dues, to Jonathan G. Katz, Secretary, Charges. fees and charges is consistent with Securities and Exchange Commission, The Exchange also proposes to delete section 6(b) of the Act 6 in general, and 450 Fifth Street, NW., Washington, DC references on its fee schedule to the furthers the objectives of section 6(b)(4) Specialist Unit Fixed Monthly Fee of the Act 7 in particular, in that it 20549–0609. (‘‘fixed monthly fee’’), as that fee is no provides for an equitable allocation of All submissions should refer to File longer in effect.5 reasonable dues, fees, and other charges Number SR–Phlx–2004–67. This file The proposal to include the FXI number should be included on the options in the Exchange’s Summary of among Exchange members. subject line if e-mail is used. To help the Index Options is effective for B. Self-Regulatory Organization’s transactions settling on or after October Statement on Burden on Competition Commission process and review your comments more efficiently, please use 19, 2004. The Exchange does not believe that The text of the proposed rule change, only one method. The Commission will the proposed rule change will impose including the Exchange’s Summary of post all comments on the Commission’s any inappropriate burden on Equity Option Charges, Summary of Internet Web site (http://www.sec.gov/ competition. Index Option Charges, and fixed rules/sro.shtml). Copies of the monthly fee schedule is available at the C. Self-Regulatory Organization’s submission, all subsequent Phlx and at the Commission. Statement on Comments on the amendments, all written statements Proposed Rule Change Received From II. Self-Regulatory Organization’s with respect to the proposed rule Members, Participants, or Others Statement of the Purpose of, and change that are filed with the Statutory Basis for, the Proposed Rule No written comments were either Commission, and all written Change solicited or received. communications relating to the proposed rule change between the III. Date of Effectiveness of the In its filing with the Commission, the Commission and any person, other than Phlx included statements concerning Proposed Rule Change and Timing for those that may be withheld from the the purpose of, and basis for, the Commission Action public in accordance with the proposed rule change and discussed any The proposed rule change has been comments it received on the proposed provisions of 5 U.S.C. 552, will be designated as a fee change pursuant to available for inspection and copying in rule change. The text of these statements 8 section 19(b)(3)(A)(ii) of the Act and the Commission’s Public Reference may be examined at the places specified Rule 19b–4(f)(2) thereunder.9 in Item IV below. The Phlx has prepared Room. Copies of the filing also will be Accordingly, the proposal has become available for inspection and copying at summaries, set forth in Sections A, B, effective upon filing with the the principal office of the Phlx. and C below, of the most significant Commission. At any time within 60 aspects of such statements. days of the filing of the proposed rule All comments received will be posted A. Self-Regulatory Organization’s change, the Commission may summarily without change; the Commission does Statement of the Purpose of, and abrogate such rule change if it appears not edit personal identifying Statutory Basis for, the Proposed Rule to the Commission that such action is information from submissions. You Change necessary or appropriate in the public should submit only information that interest, for the protection of investors, you wish to make available publicly. All 1. Purpose or otherwise in furtherance of the submissions should refer to File The purpose of the proposed rule purposes of the Act.10 Number SR–Phlx–2004–67 and should change is to charge for the FXI Options IV. Solicitation of Comments be submitted on or before December 14, in the same manner that the Exchange 2004. charges for index options. The Exchange Interested persons are invited to believes that charging for FXI Options submit written data, views, and For the Commission, by the Division of Market Regulation, pursuant to delegated according to the rates set forth in the arguments concerning the foregoing, authority.11 Exchange’s Summary of Index Option including whether the proposed rule Charges is reasonable for these types of change, as amended, is consistent with Margaret H. McFarland, products because the higher charges the Act. Comments may be submitted by Deputy Secretary. should help defray some of the license any of the following methods: [FR Doc. E4–3298 Filed 11–22–04; 8:45 am] fees incurred by the Exchange in Electronic Comments BILLING CODE 8010–01–P connection with the listing and trading • of FXI Options. Use the Commission’s Internet The purpose of the proposed rule comment form (http://www.sec.gov/ rules/sro.shtml); or change as it relates to deleting • references to the fixed monthly fee is to Send an e-mail to rule- update the Exchange’s fee schedule to [email protected]. Please include File accurately reflect the fees currently Number SR–Phlx–2004–67 on the charged by the Exchange. subject line.
6 15 U.S.C. 78f(b). 5 The fixed monthly fee was in effect for 7 transactions settling through August 31, 2004. See 15 U.S.C. 78f(b)(4). Securities Exchange Act Release Nos. 49467 (March 8 15 U.S.C. 78(s)(b)(3)(A)(ii). 24, 2004), 69 FR 17017 (March 31, 2004) (SR–Phlx– 9 17 CFR 240.19b–4(f)(2). 2004–17); 49693 (May 12, 2004), 69 FR 28974 (May 10 For purposes of calculating the 60-day 19, 2004) (SR–Phlx–2004–30); and 50229 (August abrogation period, the Commission considers the 23, 2004), 69 FR 52953 (August 30, 2004) (SR–Phlx– proposal to have been filed on November 15, 2004, 2004–42). the date the Phlx filed Amendment No. 1. 11 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE delineate the specific types of firm- transaction charges as outlined in this COMMISSION related transaction charges.4 proposal, which should, in turn, The Exchange also proposes to amend generate additional revenue for the [Release No. 50679; File No. SR–Phlx–2004– the index option transaction charges for Exchange. Also, increasing the firm- 69] customer executions. Currently, the related transaction charges as described Exchange charges an index option Self-Regulatory Organizations; Notice above will make Phlx charges more in transaction charge for customer of Filing and Immediate Effectiveness line with similar charges imposed by executions at two rates: $.20 per 7 of Proposed Rule Change and other exchanges. The Exchange contract when the premium 5 is less Amendment No. 1 Thereto by the proposes to eliminate the block than $1.00, and $.40 per contract when Philadelphia Stock Exchange, Inc. transaction discount as this discount is the premium is $1.00 or over. The Relating to Amendments to the seldom used by members and has not Exchange proposes to charge an index Summary of Index Option and FXI had the desired effect of promoting and option transaction charge of $.40 per Options Charges Fee Schedule encouraging additional customer market contract for all customer executions, participation. In addition, the purpose November 16, 2004. regardless of the premium. In addition, of making minor, technical amendments Pursuant to section 19(b)(1) of the the Exchange proposes to eliminate the to the Summary of Index Option and Securities Exchange Act of 1934 related block transaction discounts of 15 FXI Options Charges fee schedule is to (‘‘Act’’),1 and Rule 19b–4 2 thereunder, percent and 25 percent for customer more accurately describe the fees that notice is hereby given that on October executions of 500 to 999 contracts and are charged by the Exchange.8 1000 contracts, respectively.6 29, 2004, the Philadelphia Stock 2. Basis Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) In addition, the Exchange proposes to filed with the Securities and Exchange make minor, technical amendments to The Exchange believes the proposed its Summary of Index Option and FXI Commission (‘‘Commission’’) the rule change is consistent with Section 6 Options Charges fee schedule. 9 proposed rule change as described in of the Act, in general, and with section The proposal would become effective 6(b)(4) of the Act,10 in particular, in that Items I and II below, which Items have for transactions settling on or after been prepared by Phlx. On November it is an equitable allocation of November 1, 2004. The text of the reasonable dues, fees, and other charges 16, 2004, Phlx filed Amendment No. 1 proposed rule change is available at 3 among Exchange members. to the proposed rule change. The Phlx and at the Commission. Commission is publishing this notice to B. Self-Regulatory Organization’s solicit comments on the proposed rule II. Self-Regulatory Organization’s Statement on Burden on Competition change from interested persons. Statement of the Purpose of, and Statutory Basis for, the Proposed Rule The Exchange does not believe that I. Self-Regulatory Organization’s Change the proposed rule change will impose Statement of the Terms of Substance of any inappropriate burden on In its filing with the Commission, the Proposed Rule Change competition. Phlx included statements concerning Phlx proposes to amend its Summary the purpose of and basis for the C. Self-Regulatory Organization’s of Index Option and FXI Options proposed rule change and discussed any Statement on Comments on the Charges fee schedule to: (1) Increase the comments it received on the proposed Proposed Rule Change Received From firm option transaction charge from $.15 rule change. The text of these statements Members, Participants, or Others per contract to $.20 per contract and may be examined at the places specified No written comments were either more clearly identify the types of firm in Item IV below. Phlx has prepared solicited or received. option transaction charges; (2) assess a summaries, set forth in Sections A, B, $.40 per contract option transaction and C below, of the most significant III. Date of Effectiveness of the charge for customer executions aspects of such statements. Proposed Rule Change and Timing for (regardless of the premium); (3) Commission Action eliminate the block transaction discount A. Self-Regulatory Organization’s for customer executions; and (4) make Statement of the Purpose of, and The foregoing proposed rule change Statutory Basis for, the Proposed Rule has become effective pursuant to section minor amendments to the Exchange’s 11 Summary of Index Option and FXI Change 19(b)(3)(A)(ii) of the Act and subparagraph (f)(2) of Rule 19b–4 12 Options Charges fee schedule to more 1. Purpose accurately reflect current Exchange thereunder, because it establishes or The purpose of the proposed rule charges. changes a due, fee, or other charge. change is to increase the index option Specifically, the Exchange will At any time within 60 days of the increase the current firm option filing of the proposed rule change, the 4 No new types of transactions are being added to Commission may summarily abrogate transaction charge from $.15 per the firm-related transaction charges. In Amendment contract to $.20 per contract. The No. 1, Phlx corrected the proposed rule text to 7 See Securities Exchange Act Release No. 42675 Exchange also proposes to separate the include a ‘‘+’’ symbol after the Firm/Proprietary Facilitation option transaction charge to indicate (April 13, 2000), 65 FR 21223 (April 20, 2000) (File reference to the firm option transaction that the associated footnote regarding a maximum No. SR–Amex–00–15), and Chicago Board Options charge into ‘‘firm/proprietary’’ and fee of $50,000 relates to both firm/proprietary and Exchange, Inc. Index Options fee schedule dated ‘‘firm/proprietary facilitation’’ charges firm/proprietary facilitation option transaction October 1, 2004, located at www.cboe.com. charges. Amendment No. 1 also made technical 8 In addition, separating the current firm option (collectively ‘‘firm-related transaction transaction charges into two categories of ‘‘firm/ charges’’) in order to more clearly corrections to the footnote. 5 The premium appears on the Exchange’s proprietary’’ and ‘‘firm/proprietary facilitation Summary of Index Option and FXI Options Charges transaction’’ fee will correspond to the firm-related 1 15 U.S.C. 78s(b)(1). fee schedule as ‘‘market value.’’ transaction charges that appear on the Exchange’s Summary of Equity Option Charges. 2 17 CFR 240.19b–4. 6 The block transaction discounts are available to 9 3 Amendment No. 1 made clarifying and technical Phlx members upon submission to the Exchange of 15 U.S.C. 78f. corrections to the proposed changes to the a customer option block discount request form with 10 15 U.S.C. 78f(b)(4). Summary of Index Option and FXI Options Charges supporting documentation within thirty days of the 11 15 U.S.C. 78s(b)(3)(A)(ii). fee schedule. See infra, note 4. monthly billing date. 12 17 CFR 240.19b–4(f)(2).
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such rule change if it appears to the For the Commission, by the Division of DEPARTMENT OF TRANSPORATION Commission that such action is Market Regulation, pursuant to delegated necessary or appropriate in the public authority.14 Federal Aviation Administration interest, for the protection of investors, Margaret H. McFarland, or otherwise in furtherance of the Deputy Secretary. High Density Airports; Notice of purposes of the Act.13 [FR Doc. E4–3299 Filed 11–22–04; 8:45 am] Reagan National Airport Lottery Allocation Procedures IV. Solicitation of Comments BILLING CODE 8010–01–P AGENCY: Federal Aviation Interested persons are invited to Administration, DOT. submit written data, views, and SMALL BUSINESS ADMINISTRATION ACTION: Notice of lottery and allocation arguments concerning the foregoing, [Declaration of Disaster #3628] procedures for slots at Washington including whether the proposed rule Reagan National Airport; extension of change is consistent with the Act. submission deadline. Comments may be submitted by any of State of North Carolina (Amendment #2) the following methods: SUMMARY: On November 17, 2004, the FAA announced that a lottery will be Electronic Comments In accordance with a notice received held on December 3, 2004, to allocate • from the Department of Homeland Use the Commission’s Internet Security—Federal Emergency six available commuter slots at comment form (http://www.sec.gov/ Management Agency—effective Washington’s Reagan National Airport rules/sro.shtml); or (DCA). (69 FR 67382; November 17, • November 3, 2004, the above numbered Send an e-mail to rule- declaration is hereby amended to extend 2004). The closing date for carriers to [email protected]. Please include File the deadline for filing applications for submit requests to participate in the Number SR–Phlx–2004–69 on the physical damages as a result of this lottery is November 18, 2004. The FAA subject line. disaster to December 17, 2004. is extending that date for submissions to Paper Comments All other information remains the November 29, 2004. FOR FURTHER INFORMATION CONTACT: • Send paper comments in triplicate same, i.e., the deadline for filing Lorelei Peter, Operations and Air Traffic to Jonathan G. Katz, Secretary, applications for economic injury is June Law Branch, Regulations Division, Securities and Exchange Commission, 20, 2005. Office of the Chief Counsel, Federal 450 Fifth Street, NW., Washington, DC (Catalog of Federal Domestic Assistance Aviation Administration, 800 20549–0609. Program Nos. 59002 and 59008) All submissions should refer to File Independence Avenue, SW., Dated: November 10, 2004. Washington, DC 20591; telephone Number SR–Phlx–2004–69. This file Herbert L. Mitchell, number should be included on the number (202) 267–3134. Associate Administrator for Disaster SUPPLEMENTARY INFORMATION: subject line if e-mail is used. To help the Assistance. Commission process and review your [FR Doc. 04–25939 Filed 11–22–04; 8:45 am] Background comments more efficiently, please use BILLING CODE 8025–01–P On November 10, 2004, the FAA only one method. The Commission will issued a notice announcing a lottery to post all comments on the Commission’s allocate six commuter slots at DCA (69 Internet Web site (http://www.sec.gov/ SMALL BUSINESS ADMINISTRATION FR 67382; November 17, 2004). rules/sro.shtml). Copies of the According to the provisions of the submission, all subsequent [Declaration of Disaster #3623] notice, carriers seeking to participate in amendments, all written statements State of North Carolina (Amendment the lottery must notify the FAA in with respect to the proposed rule #4) writing no later than 5 p.m. e.d.t. on change that are filed with the November 18, 2004. The FAA is Commission, and all written In accordance with a notice received extending this submission deadline to 5 communications relating to the from the Department of Homeland p.m. e.s.t on November 29, 2004. This proposed rule change between the Security—Federal Emergency extension will allow adequate time for Commission and any person, other than Management Agency—effective carriers to respond to the lottery notice those that may be withheld from the November 3, 2004, the above numbered in view of the original publication date public in accordance with the declaration is hereby amended to extend and the Thanksgiving holiday. provisions of 5 U.S.C. 552, will be the deadline for filing applications for available for inspection and copying in physical damages as a result of this Issued on November 17, 2004 in Washington, DC. the Commission’s Public Reference disaster to December 17, 2004. Room. Copies of the filing also will be All other information remains the James Whitlow, available for inspection and copying at same, i.e., the deadline for filing Deputy Chief Counsel. the principal office of Phlx. applications for economic injury is June [FR Doc. 04–25880 Filed 11–17–04; 2:52 pm] All comments received will be posted 10, 2005. BILLING CODE 4910–13–M without change; the Commission does (Catalog of Federal Domestic Assistance not edit personal identifying Program Nos. 59002 and 59008) information from submissions. You DEPARTMENT OF TRANSPORTATION should submit only information that Dated: November 10, 2004. you wish to make available publicly. All Herbert L. Mitchell, RESEARCH AND SPECIAL submissions should refer to File Associate Administrator for Disaster PROGRAMS ADMINISTRATION Assistance. Number SR–Phlx–2004–69 and should Office of Hazardous Materials Safety; [FR Doc. 04–25940 Filed 11–22–04; 8:45 am] be submitted on or before December 14, Notice of Application for Exemptions 2004. BILLING CODE 8025–01–P AGENCY: Research and Special Programs 13 See 15 U.S.C. 78s(b)(3)(C). 14 17 CFR 200.30–3(a)(12). Administration, DOT.
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ACTION: List of applications for freight, 3—Cargo vessel, 4—Cargo for inspection in the Records Center, exemption. aircraft only, 5—Passenger-carrying Nassif Building, 400 7th Street SW., aircraft. Washington, DC or at http:// SUMMARY: In accordance with the DATES: Comments must be received on dms.dot.gov. procedures governing the application or before December 23, 2004. This notice of receipt of applications for, and the processing of, exemptions Address Comments to: Record Center, for modification of exemption is from the Department of Transportation’s Research and Special Programs published in accordance with Part 107 Hazardous Material Regulations (49 CFR Administration, U.S. Department of of the Federal hazardous materials Part 107, Subpart B), notice is hereby Transportation, Washington, DC 20590. transportation law (49 U.S.C. 5117(b); Comments should refer to the given that the Office of Hazardous 49 CFR 1.53(b)). Materials Safety has received the application number and be submitted in application described herein. Each triplicate. If Confirmation of receipt of Issued in Washington, DC, on November mode of transportation for which a comments is desired, include a self- 16, 2004. particular exemption is requested is addressed stamped postcard showing R. Ryan Posten, indicated by a number in the ‘‘Nature of the exemption number. Exemptions Program Officer, Office of Application’’ portion of the table below FOR FURTHER INFORMATION CONTACT: Hazardous Materials Safety Exemptions & as follows: 1—Motor vehicle, 2—Rail Copies of the applications are available Approvals.
NEW EXEMPTION
Application number Docket number Applicant Regulation(s) affected Nature of exemption thereof
13998–N ...... RSPA–2004– 3AL Testing Corp. 49 CFR 180.205(f)(g); To authorize an alternative requalification method for 19651. Miami, FL. 180.209(a),(b)(1)(iv); DOT–3A, DOT–3AA, DOT–3ADX and DOT–3AAX steel 172.203(a); cylinders. (modes 1,3,4) 172.302a(b)(2),(4)(5). 13999–N ...... RSPA–2004– Kompozit-Praha s.r.o. 49 CFR To authorize the manufacture, marking, sale and use of a 19659. Dysina u Plzne 173.304a(a)(1);175.3. non-DOT specification fully-wrapped fiberglass com- Czech Republic. posite cylinder with a seamless, specially designed liner for use in transporting certain hydrocarbon gases. (modes 1,2,3,4) 14001–N ...... RSPA–2004– Koch Hyrocarbon LP 49 CFR 177.834(i)(3); To authorize the use of video cameras and monitors to 19646. Medford, OK. 177.840(q)(1). observe the loading and unloading operations of certain hazardous materials from a remote control station in place of personnel remaining within 7.62 meters (25 feet) of cargo tank motor vehicles. (mode 1) 14002–N ...... RSPA–2004– BOC Gases Murray 49 CFR 178.338–11(c) To authorize the use of a cargo tank in oxygen, refrig- 19645. Hill, NJ. erated liquid service that is not equipped with a re- motely controlled self closing shut-off value. (mode 1) 14003–N ...... RSPA–2004– INOCOM Inc. River- 49 CFR 173.302(a)(1), To authorize the manufacture, mark, sale and use of non- 19647. side, CA. 173.304(a), 175.3 DOT specification fully wrapped carbon fiber reinforced and 180.205. aluminum lined cylinders for the transportation in com- merce of certain Division 2.2 materials. (modes 1,2,3,4,5) 14004–N ...... RSPA–2004– Praxair, Inc. Danbury, 49 CFR 179.13 ...... To authorize the transportation in commerce of certain Di- 19657. CT. vision 2.2 gases in DOT Specification 105J500W tank cars with a maximum gross weight on rail greater than currently authorized. 14008–N ...... RSPA–2004– Air Products and 49 CFR 173.301(f)(3); To authorize an alternative retesting method for DOT–3, 19656. Chemicals, Inc. Al- 180.205(c)(4). 3A, 3AA cylinders used in transporting Division 2.1 haz- lentown, PA. ardous materials. (modes 1,2,3) 14009–N ...... United States Can 49 CFR 178.33a–7; .... To authorize the transportation in commerce of DOT–2Q Company Elgin, IL. receptacles with an alternative wall thickness for use in transporting ORM–D, Division 2.1 and Division 2.2. (modes 1, 2, 3, 4) 14010–N ...... RSPA–2004– Varsal, LLC War- 49 CFR 173.202 ...... To authorize the one-way transportation in commerce of a 19644. minster, PA. 50% solution of Hypophosphorous Acid in alternative UN 3H2 packagings. (mode 1)
[FR Doc. 04–25887 Filed 11–22–04; 8:45 am] DEPARTMENT OF TRANSPORTATION ACTION: List of applications for BILLING CODE 4909–60–M modification of exemption. Research and Special Programs Administration SUMMARY: In accordance with the procedures governing the application Office of Hazardous Materials Safety; for, and the processing of, exemptions Notice of Applications for Modification from the Department of Transportation’s of Exemption Hazardous Material Regulations (49 CFR Part 107, Subpart B), notice is hereby AGENCY: Research and Special Programs given that the Office of Hazardous Administration, DOT. Materials Safety has received the
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application described herein. This application for exemption to facilitate for inspection in the Records Center, notice is abbreviated to expedite processing. Nassif Building, 400 7th Street SW., docketing and public notice. Because Washington DC or at http://dms.dot.gov. DATES: Comments must be received on the sections affected, modes of or before December 8, 2004. This notice of receipt of applications transportation, and the nature of for modification of exemption is application have been shown in earlier Address Comments To: Record published in accordance with Part 107 Federal Register publications, they are Center, Research and Special Programs not repeated here. Request of Administration, U.S. Department of of the Federal hazardous materials modifications of exemptions (e.g. to Transportation, Washington, DC 20590. transportation law (49 U.S.C. 5117(b); provide for additional hazardous Comments should refer to the 49 CFR 1.53(b)). materials, packaging design changes, application number and be submitted in Issued In Washington, DC, on November additional mode of transportation, etc.) triplicate. If Confirmation of receipt of 16, 2004. comments is desired, include a self- are described in footnotes to the R. Ryan Posten, application number. Application addressed stamped postcard showing the exemption number. Exemptions Program Officer, Office of numbers with the suffix ‘‘M’’ denote a Hazardous Materials Exemptions & modification request. There applications FOR FURTHER INFORMATION CONTACT: Approvals. have been separated from the new Copies of the applications are available
MODIFICATION EXEMPTIONS
Application Docket num- Modification of number ber Applicant Regulation(s) affected exemption Nature of exemption thereof
10798–M ...... Olin Corporation 49 CFR 174.67(i), (j).. 10798 To modify the exemption to authorize the Cleveland, TN. transportation of an additional Class 8 ma- terial in DOT Specification tank cars. 10985–M ...... Georgia-Pacific Cor- 49 CFR 174.67(i), (j).. 10985 To modify the exemption to authorize the poration Atlanta, GA. transportation of Class 3, Division 6.1 and additional Class 8 materials in DOT Speci- fication tank cars. 12274–M ...... RSPA–99– Snow Peak USA, Inc. 49 CFR 12274 To modify the exemption to authorize the 5707. Clackamas, OR. 173.304(a)(d)(3)(ii). transportation of an additional Division 2.1 material in non-DOT specification nonrefill- able inside containers. 12783–M ...... RSPA–01– CryoSurgery, Inc. 49 CFR 12783 To modify the exemption to allow up to 18 10309. Nashville, TN. 173.304a(a)(1); oz. non-DOT specification nonrefillable 173.306(a). containers be filled to 55% filling density for the transportation of ORM–D materials. 12920–M ...... RSPA–02– Epichem, Inc. Haver- 49 CFR 173.181(c) .... 12920 To modify the exemption to authorize the 11638. hill, MA. transportation of an additional Division 4.2 material in combination packagings with inner containers that exceed currently au- thorized quantities. 12988–M ...... RSPA–02– Air Products and 49 CFR 173.304; 12988 To modify the exemption to update the non- 12215. Chemicals, Inc. Al- 179.300. DOT specification design drawings, the lentown, PA. material of construction requirements and the minimum burst pressure from 249 bar to 240 bar. 13182–M ...... RSPA–02– Cytec Industries Inc. 49 CFR 173.304a(b) .. 13182 To modify the exemption to authorize do- 14023. West Paterson, NJ. mestic distribution of DOT Specification cylinders containing a certain Division 2.3 material filled to liquid full at 130 degrees F. 13208–M ...... RSPA–03– Provensis Limited, 49 CFR 171.11(d)(7) 13208 To modify the exemption to authorize the 14944. Keaton House. and (14); transportation of an additional Division 2.2 171.12(b)(17); material in DOT Specification 2Q con- 173.302(a)(1); Part tainers and relief from certain operational 174; Part 177;. controls and modal requirements. 13344–M ...... RSPA–04– Precision Technik At- 49 CFR 13344 To modify the exemption to authorize the ad- 16868. lanta, GA. 173.301(a)(d)(1); dition of a bottom liquid drain valve and 180.209; 173.201; rail mount brackets to the non-DOT speci- 173.202; 173.203; fication salvage cylinder. 173.302; 173.304. 13565–M ...... RSPA–04– H.C. Starck, Inc. New- 49 CFR 173.211 ...... 13565 To reissue the exemption originally issued 17863. ton, MA. on an emergency basis for the transpor- tation of Division 4.3 material in alternative packaging (an accumulator). 13601–M ...... RSPA–04– DS Containers, Inc. 49 CFR 173.306(b)(1); 13601 To modify the exemption to authorize a pres- 18713. Lemont, IL. 175.3. sure relief device in the bottom end of the non-DOT specification inner nonrefillable metal container with a venting pressure not below 175 psi.
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[FR Doc. 04–25888 Filed 11–22–04; 8:45 am] never applied for or received a RIN; FOR FURTHER INFORMATION CONTACT: BILLING CODE 4909–60–M therefore it is not an authorized cylinder Anthony Lima, Senior Hazardous requalification facility. Cylinders Materials Enforcement Specialist, serviced by Statewide were found to be Eastern Region, Office of Hazardous DEPARTMENT OF TRANSPORTATION marked with the RINs of four different Materials Enforcement, Research and authorized requalification facilities. The Special Programs Administration, U.S. Research and Special Programs facilities and RIN numbers are: RIN Department of Transportation, 820 Bear Administration A803 issued to AAA Fire Extinguisher Tavern Road, Suite 306, West Trenton, [Docket No. RSPA–04–18975; Notice No. Co., Inc. (AAA Fire Extinguisher), 328 NJ 08628. Telephone: (609) 989–2252. 04–07] Rodman Road, Auburn, ME, (207) 784– 8306; RIN A887 issued to Simplex RSPA requests that any person Safety Advisory: Unauthorized Marking Grinnell LP (Simplex Grinnell), 20 possessing a high pressure DOT of Compressed Gas Cylinders Thomas Drive, Westbrook, ME, (207) specification fire extinguisher serviced 842–6440; RIN A813 issued to J. N. by Statewide since 1995 contact AGENCY: Research and Special Programs inspector Anthony Lima with the Administration (RSPA), DOT. Johnson Sales & Service, Inc., (J. N. Johnson), 4200 West 76th Street, Edina, following information for each cylinder: ACTION: Safety advisory notice. MN, (952) 835–4600; and RIN A857 (1) The DOT specification number and service pressure, (2) the serial number SUMMARY: This is to notify the public issued to Orange County Fire Protection that RSPA is investigating the (Orange County Fire), 137 West Bristol which should be marked in association unauthorized marking of DOT Lane, Orange, CA, (714) 974–9025. with the specification number and specification high-pressure carbon RSPA has reviewed the retester service pressure, (3) the RIN number dioxide fire extinguishers serviced by records from these four companies from and the month and year of the last Statewide Fire Equipment, Inc. 1995 to the present, and has determined marked requalification, (4) invoices (Statewide), West Buxton, ME. Note that that none of these companies have from Statewide that have the line item, non-DOT specification dry chemical fire performed any cylinder requalification ‘‘Hydrostatic Tests’’ completed, and (5) extinguishers are not at issue. RSPA has for Statewide. Although AAA Fire the customer name, address, contact evidence that suggests Statewide Extinguisher of Auburn, ME requalified person and telephone number so the marked, certified and returned to DOT specification high pressure carbon inspector may contact you if necessary. service numerous high-pressure DOT dioxide fire extinguishers for Statewide Please provide the requested specification carbon dioxide fire until approximately 1995, it has not information via facsimile to: (775) 307– extinguishers when the cylinders had performed any services for Statewide 4971. not been properly requalified in since then. In addition to the four RIN Issued in Washington, DC, on November accordance with the Hazardous numbers mentioned above, RSPA 17, 2004. Materials Regulations (HMR). In believes that Statewide may have Robert A. McGuire, addition, the evidence suggests that marked cylinders with other Associate Administrator for Hazardous Statewide used the Retester unauthorized RINs. The RIN and date of Materials Safety. Identification Numbers (RINs) of several retest are marked on the shoulders of other licensed retest facilities without cylinders in the following pattern: [FR Doc. 04–25889 Filed 11–22–04; 8:45 am] the permission or knowledge of these BILLING CODE 4910–60–P facilities. A hydrostatic retest and visual inspection are used to verify the DEPARTMENT OF TRANSPORTATION structural integrity of compressed gas cylinders. If a hydrostatic retest and Surface Transportation Board visual inspection are not performed Release of Waybill Data within the time period required by the M is the month of retest (e.g., 10), and HMR, cylinders with compromised The Surface Transportation Board has Y is the year of the retest (e.g., 04). structural integrity may be returned to received a request from Harkins service when they should be This safety advisory covers all high- Cunningham on behalf of Canadian condemned. Extensive property damage, pressure DOT specification fire National Railway Company (WB525–9– serious personal injury, or death could extinguishers that have been marked 11/9/2004), for permission to use certain result from rupture of a cylinder. and certified as having been requalified data from the Board’s Carload Waybill SUPPLEMENTARY INFORMATION: Through while in the custody of Statewide. Samples. A copy of the request may be its investigation, RSPA believes that These cylinders may pose a safety risk obtained from the Office of Economics, Statewide marked, certified and to the public and should be considered Environmental Analysis, and returned to service an undetermined unsafe for use in hazardous materials Administration. number of high-pressure carbon dioxide service until requalified by an fire extinguishers without the authority authorized retest facility. Furthermore, The waybill sample contains to perform such servicing or without cylinders described in this safety confidential railroad and shipper data; ensuring that the cylinders were advisory must not be filled with a therefore, if any parties object to these properly requalified by an authorized hazardous material unless the cylinders requests, they should file their retest facility. The cylinders are owned are first properly retested by an objections with the Director of the by municipal school systems, fire authorized retest facility. A list of Board’s Office of Economics, departments, and a yet to be determined authorized requalification facilities Environmental Analysis, and number of other customers in southern sorted by state or by RIN number may Administration within 14 calendar days Maine, The HMR require that a cylinder be obtained at RSPA’s Web site: of the date of this notice. The rules for requalification facility hold a current http://hazmat.dot.gov/files/approvals/ release of waybill data are codified at 49 RIN issued by RSPA. Statewide has hydro/hydro_retesters.htm. CFR 1244.9.
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Contact: Mac Frampton, (202) 565– operate a portion of BNSF’s Wymore will be held on Thursday and Friday, 1541. Subdivision located between milepost January 6–7, 2005, from 9 a.m. to 5 p.m. 216.95 near Franklin, NE., and milepost Vernon A. Williams, each day. The meeting will be held at 257.36 near Oxford Jct., NE., In 810 Vermont Avenue, NW., Room 530, Secretary. addition, BNSF will grant Nebraska Washington, DC 20420. The meeting is [FR Doc. 04–25929 Filed 11–22–04; 8:45 am] incidental trackage rights for the open to the public. BILLING CODE 4915–01–P purpose of interchange with BNSF over The purpose of the Committee is to BNSF’s line between milepost 236.0 near Oxford, NE, and milepost 257.36 provide advice to the Secretary of DEPARTMENT OF TRANSPORTATION near Oxford Jct.; between milepost Veterans Affairs on adverse health effects that may be associated with Surface Transportation Board 257.36 near Oxford Jct., and milepost 288.0 near McCook, NE; and between exposure to ionizing radiation and to make recommendations on proposed Release of Waybill Data milepost 0.89 near Culbertson, and milepost 286.0 near McCook. standards and guidelines regarding VA The Surface Transportation Board has Nebraska certifies that its projected benefit claims based upon exposure to received a request from Covington & revenues as a result of this transaction ionizing radiation. Burling on behalf of Union Pacific will not result in the creation of a Class The major items on the agenda for Corporation (WB468–6—11/15/04), for II or Class I rail carrier so as to require both days will be discussions and permission to use certain data from the processing under 49 CFR 1150.45. analyses of medical and scientific Board’s Carload Waybill Samples. A Nebraska also states that on or about papers concerning the health effects of copy of the request may be obtained July 29, 2004, it posted and served exposure to ionizing radiation. On the from the Office of Economics, notice to employees of the proposed basis of its analyses and discussions, the Environmental Analysis, and transaction as required under 49 CFR Committee may make recommendations Administration. 1150.42(e) and certified to the Board to the Secretary concerning the The waybill sample contains that it had done so on the same date. confidential railroad and shipper data; relationship of certain diseases with The transaction was scheduled to be exposure to ionizing radiation. On therefore, if any parties object to these consummated on or after November 12, January 6 there will be presentations by requests, they should file their 2004. VA’s Public Health and Environmental objections with the Director of the If the verified notice contains false or Hazards Office, and by Specialists in Board’s Office of Economics, misleading information, the exemption Energy, Nuclear, and Environmental Environmental Analysis, and is void ab initio. Petitions to revoke the Administration within 14 calendar days exemption under 49 U.S.C. 10502(d) Sciences (SENES). The January 7 of the date of this notice. The rules for may be filed at any time. The filing of session will include planning future release of waybill data are codified at 49 a petition to revoke will not Committee activities and assignment of CFR 1244.9. automatically stay the transaction. tasks among the members. Contact: Mac Frampton, (202) 565– An original and 10 copies of all Those who wish to attend should 1541. pleadings, referring to STB Finance contact Ms. Bernice Green of the Vernon A. Williams, Docket No. 34512, must be filed with Department of Veterans Affairs, the Surface Transportation Board, 1925 Secretary. Compensation and Pension Service, 810 K Street, NW., Washington, DC 20423– [FR Doc. 04–25930 Filed 11–22–04; 8:45 am] Vermont Avenue, NW., Washington, DC 0001. In addition, a copy of each 20420, by phone at (202) 273–7210, or BILLING CODE 4915–01–P pleading must be served on John D. by fax at (202) 275–1728. Members of Heffner, 1920 N Street, NW., Suite 800, the public may submit written questions DEPARTMENT OF TRANSPORTATION Washington, DC 20036. or prepared statements for review by the Board decisions and notices are Committee in advance of the meeting. Surface Transportation Board available on our Web site at http:// Statements should be sent to Ms. www.stb.dot.gov. Green’s attention at least 5 days prior to [STB Finance Docket No. 34512] Decided: November 15, 2004. the meeting at the address shown above. Nebraska, Kansas & Colorado Railnet, By the Board, David M. Konschnik, Those who submit material may be Inc.—Acquisition and Operation Director, Office of Proceedings. asked to clarify it prior to its Exemption—The Burlington Northern Vernon A. Williams, consideration by the Committee. and Santa Fe Railway Company Secretary. An open forum for verbal statements [FR Doc. 04–25931 Filed 11–22–04; 8:45 am] Nebraska, Kansas & Colorado Railnet, from the public will also be available for BILLING CODE 4915–01–P Inc. (Nebraska), a Class III rail carrier, 20 minutes during the morning and 20 has filed a verified notice of exemption minutes in the afternoon each day. Each under 49 CFR 1150.41 et seq. to acquire person who wishes to make a verbal and operate two lines of railroad from DEPARTMENT OF VETERANS statement before the Committee will be The Burlington Northern and Santa Fe AFFAIRS accommodated on a first come, first Railway Company (BNSF). The subject served basis and will be provided three Veterans’ Advisory Committee on (3) minutes to present the statement. lines total 88.6 miles in length and are Environmental Hazards; Notice of located in Harlan, Franklin, Hitchcock, Meeting Dated: November 15, 2004. Hayes, and Chase Counties, NE. By Direction of the Secretary. Specifically, Nebraska will: (1) Lease The Department of Veterans Affairs and operate BNSF’s Imperial (VA) gives notice under Pub. L. 92–463 E. Philip Riggin, Subdivision between milepost 0.89 near (Federal Advisory Committee Act) that Committee Management Officer. Culbertson, NE., and milepost 49.1 near a meeting of the Veteran’s Advisory [FR Doc. 04–25916 Filed 11–22–04; 8:45 am] Imperial, NE.; and (2) purchase and Committee on Environmental Hazards BILLING CODE 8320–01–M
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DEPARTMENT OF VETERANS redevelop the property into a modern the Secretary may enter into an AFFAIRS health care campus, at no cost to VA. enhanced-use lease if he determines that VA would use the consideration from the implementation of a business plan Enhanced-Use Lease of VA Property, the proposed lease to improve health proposed by the Under Secretary for Chicago (Lakeside), IL care services and facilities for veterans. Health for applying the consideration AGENCY: Department of Veterans Affairs. Under other terms of the proposed lease, under such a lease to the provision of VA could continue to use the hospital ACTION: Notice of intent to enter into an medical care and services would result property to provide health care and enhanced-use lease. in a demonstrable improvement of services to veterans until December 31, services to eligible veterans in the SUMMARY: The Secretary of the 2007. geographic service-delivery area within Department of Veterans Affairs (VA) FOR FURTHER INFORMATION CONTACT: which the property is located. This intends to enter into an enhanced-use Brian A. McDaniel, Office of Asset project meets this requirement. lease of approximately 3.8 acres known Enterprise Management (004B), as VA’s Lakeside property in Chicago, Approved: November 15, 2004. Department of Veterans Affairs, 810 Illinois (‘‘Lakeside’’). The Department Anthony J. Principi, Vermont Avenue, NW., Washington, DC proposes to enter into a long-term (up to 20420, (202) 273–9492. Secretary of Veterans Affairs. 75 years) lease with a competitively [FR Doc. 04–25915 Filed 11–22–04; 8:45 am] SUPPLEMENTARY INFORMATION: selected lessee that would bear full 38 U.S.C. BILLING CODE 8320–01–P financial and legal responsibility to 8161 et seq., specifically provides that
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Corrections Federal Register Vol. 69, No. 225
Tuesday, November 23, 2004
This section of the FEDERAL REGISTER DEPARTMENT OF COMMERCE Wednesday, November 10, 2004 make contains editorial corrections of previously the following correction: published Presidential, Rule, Proposed Rule, National Oceanic and Atmospheric On page 65129, the second table and Notice documents. These corrections are Administration should have the heading: ‘‘Table 2. prepared by the Office of the Federal Estimated Bycatch for the Mid-Atlantic Register. Agency prepared corrections are 50 CFR Parts 223 and 229 issued as signed documents and appear in Beach-Based and Ocean Gillnet Fisheries in 2000 and Southeast U.S. the appropriate document categories [Docket No. 040903253–4253–01; I.D. elsewhere in the issue. 081104H] Shark Gillnet Fishery from 1992–2001, and Current PBR Estimates for Each RIN 0648–AR39 Management Unit Within the Western North Atlantic Coastal Bottlenose Taking of Marine Mammals Incidental Dolphin Stock Applied Semi-Annually. to Commercial Fishing Operations; For Management Units South of North Bottlenose Dolphin Take Reduction Carolina, the PBR Is Applied Annually. Plan; Sea Turtle Conservation; Bycatch Estimates for Other Fisheries Restrictions to Fishing Activities Impacting the Bottlenose Dolphin Stock Correction Are Unavailable Due to Lack of Observer Effort.’’. In proposed rule document 04–25113 beginning on page 65127 in the issue of [FR Doc. C4–25113 Filed 11–22–04; 8:45 am] BILLING CODE 1505–01–D
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Part II
Department of Housing and Urban Development 24 CFR Part 5 Electronic Submission of Applications for Grants and Other HUD Financial Assistance; Proposed Rule
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DEPARTMENT OF HOUSING AND I. Background the integrity of HUD’s grant making URBAN DEVELOPMENT process. The President’s Management Agenda For the purpose of this policy, 24 CFR Part 5 for Fiscal Year 2002 sets forth the President’s goals for electronic applications subject to this requirement [Docket No. FR–4875–P–01] government (e-government), which would include submissions from applicants for HUD grants, cooperative RIN 2501–AD02 include a requirement for federal agencies to allow applicants for federal agreements, capital fund or operating fund subsidies, capital advances, Electronic Submission of Applications grants and other federal financial for Grants and Other HUD Financial assistance to find, apply for, and vouchers, and other financial assistance Assistance ultimately manage grant funds online awards, including programs that are through a common government-wide classified by OMB as mandatory, as well AGENCY: Office of the Secretary, HUD. portal. The President’s Management as formula grant programs or activities ACTION: Proposed rule. Agenda furthers the objectives of the for which HUD has placed an electronic Federal Financial Assistance application on Grants.gov/Apply. SUMMARY: This proposed rule Management Improvement Act of 1999 Electronic submissions may also establishes the requirement for (31 U.S.C. 6101), which seeks to unify include plans, updates to plans, and applicants for HUD grants or certain and simplify application submission funding requests submitted to HUD to other financial assistance to submit their and reporting requirements for potential fulfill requirements to receive new or applications to HUD electronically applicants and grantees of federal funding renewals or other federal through the federal government grant financial assistance. This policy is also financial assistance. The requirement portal, Grants.gov, in response to a HUD consistent with the objectives of the for electronic application to be announcement of funding availability Government Paperwork Elimination Act established through this rulemaking that is placed on Grants.gov/Apply or its (GPEA) (44 U.S.C. 3504), which seeks to does not extend to Federal Housing successor Web site. reduce or eliminate application Administration (FHA) insurance or loan DATES: Comments Due Date: December submission and reporting burdens on guarantee transactions that are not 23, 2004. program participants. associated with the grants and financial ADDRESSES: Interested persons are On October 8, 2003 (68 FR 58146), the assistance previously described. The invited to submit comments regarding Office of Management and Budget FHA is covering its e-government this rule to the Regulations Division, (OMB) published in the Federal transactions through separate Office of General Counsel, Room 10276, Register, a notice of issuance of a final rulemaking. Department of Housing and Urban policy directive requiring federal Electronic application submission Development, 451 Seventh Street, SW., agencies to use the Web site, Grants.gov, means applicants will not waste time Washington, DC 20410–0500. Interested to electronically post synopses of and resources on preparing, mailing, persons may also submit comments funding opportunities under federal and hand delivering paper copies of electronically through either: financial assistance programs that award their applications to HUD Headquarters, • The federal electronic rulemaking discretionary grants and cooperative field offices, or multiple locations. To portal at: www.regulations.gov; or agreements. Grants.gov allows participate in electronic grant • The HUD electronic Web site at: applicants, to find, apply for, and submission on Grants.gov, applicants www.epa.gov/feddocket. Follow the link manage federal grants through a single need only a computer with access to the entitled ‘‘View Open HUD Dockets.’’ web portal. The governmentwide use of Internet. To make it easier for applicants Commenters should follow the Grants.gov will simplify the grant to use the Grants.gov electronic portal, instructions provided on that site to management process and create a applicants can download the submit comments electronically. centralized, online process to find and application instructions and forms, Facsimile (FAX) comments are not apply for over 600 grant programs from complete the application off-line and acceptable. In all cases, communications the 26 federal grant-making agencies. share with others via e-mail, and later must refer to the docket number and Grants.gov will streamline the process upload and submit the completed title. All comments and of awarding over $360 billion annually application to Grants.gov. communications submitted will be to state and local governments, The requirement for electronic available, without revision, for public academia, and not-for-profit and other submission would apply to all program inspection and copying between 8 a.m. organizations. This initiative is one of application or plan submissions placed and 5 p.m. weekdays at the above the 24 federal cross-agency e- by HUD at www.Grants.gov/Apply for address. Copies are also available for government initiatives focused on electronic submission via the Grants.gov inspection and downloading at improving access to services via the portal. The requirement would not take www.epa.gov/feddocket. Internet. Additionally, the Grants.gov effect for individual program FOR FURTHER INFORMATION CONTACT: initiative will facilitate efficient applications until HUD makes available Barbara Dorf, Director, Office of operations for federal grant agencies and the electronic application on the Departmental Grants Management and the grant community. www.grants.gov/Apply Web site. Placing Oversight, Room 3156, Department of II. This Proposed Rule an application on the www.grants.gov/ Housing and Urban Development, 451 Find Web site with a link to find forms Seventh Street, SW., Washington, DC Based on OMB’s directive, this and other application materials would 20410–3000, telephone (202) 708–0667 proposed rule would require all not trigger the requirement for (this is not a toll-free number). Hearing- applicants for HUD grants and other mandatory, electronic application or speech-impaired individuals may financial assistance to submit submission. The HUD assistant access this number through TTY by applications electronically through the secretary with authority over the calling the toll-free Federal Information Grants.gov Web site. HUD believes that program may waive the electronic Relay Service at (800) 877–8339. electronic grant application submission submission requirement, as provided for SUPPLEMENTARY INFORMATION: will standardize, simplify, and improve in 24 CFR part 5.
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III. Findings and Certifications substantial direct compliance costs on demolition, or new construction, or state and local governments and is not establish, revise, or provide for Justification for 30-Day Public Comment required by statute, or the rule preempts standards for construction or Period state law, unless the agency meets the construction materials, manufactured In accordance with HUD’s regulations consultation and funding requirements housing, or occupancy. Therefore, this concerning rulemaking at 24 CFR part of Section 6 of the order. This proposed proposed rule is categorically excluded 10 (entitled, ‘‘Rulemaking Policy and rule does not have federalism from the requirements of the National Procedures’’), it is HUD’s policy that the implications and does not impose Environmental Policy Act (42 U.S.C. public comment period for notice of substantial direct compliance costs on 4321 et seq.). proposed rulemaking should be 60 days. state and local governments or preempt For the reasons described in the In the case of this proposed rule state law within the meaning of the preamble, HUD proposes to amend 24 however, HUD has determined that order. CFR part 5 as follows: there is good cause to reduce the public comment period to 30 days. As Impact on Small Entities PART 5—GENERAL HUD PROGRAM discussed in more detail earlier in this The Secretary, in accordance with the REQUIREMENTS; WAIVERS preamble, this proposed rule would Regulatory Flexibility Act (5 U.S.C. simply require applicants to submit 605(b)), has reviewed and approved this 1. The authority citation for 24 CFR applications electronically rather than proposed rule and in so doing, certifies part 5 continues to read as follows: paper copy. Electronic submission of that this rule will not have a significant Authority: 42 U.S.C. 3535(d). grants and other funding applications economic impact on a substantial requires only a computer with access to number of small entities. Providing for 2. Add § 5.1005 to Subpart K to read the Internet and poses no substantial electronic submission of grant as follows: burden on applicants, and in fact may applications will simplify and lessen actually reduce the paperwork burden § 5.1005 Electronic submission of the burden on applicants’ resources applications for grants and other financial for timely application submission. because they will no longer need to assistance. Unfunded Mandates Reform Act duplicate and submit paper Applicants described under 24 CFR Title II of the Unfunded Mandates applications. Although HUD has 5.1001 are required to submit electronic Reform Act of 1995 (2 U.S.C. 1531– determined that this proposed rule does applications or plans for grants and 1538) establishes requirements for not have a significant economic impact other financial assistance in response to federal agencies to assess the effects of on a substantial number of small any application that HUD has placed on their regulatory actions on state, local, entities, HUD invites comments the www.grants.gov/Apply Web site or and tribal governments and the private regarding any less burdensome its successor. The HUD Assistant sector. This proposed rule does not alternatives to this rule that will meet Secretary or equivalent HUD official impose any federal mandate on any HUD’s objectives as described in this with authority over a program may state, local, or tribal government or the preamble. waive the electronic submission private sector within the meaning of the Environmental Impact requirement for an applicant on the Unfunded Mandates Reform Act of basis of good cause in accordance with 1995. In accordance with 24 CFR 24 CFR 5.110. 50.19(c)(1), this proposed rule does not Executive Order 13132, Federalism direct, provide for assistance or loan Dated: October 25, 2004. Executive Order 13132 (entitled and mortgage insurance for, or Alphonso Jackson, ‘‘Federalism’’) prohibits an agency from otherwise govern or regulate, real Secretary. publishing any rule that has federalism property acquisition, disposition, [FR Doc. 04–25893 Filed 11–22–04; 8:45 am] implications, if the rule imposes either leasing, rehabilitation, alteration, BILLING CODE 4210–32–P
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Part III
Department of Labor Employment and Training Administration
20 CFR Part 655 Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H–1B Visas in Specialty Occupations and as Fashion Models; Labor Attestations Regarding H–1B1 Visas; Interim Final Rule
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DEPARTMENT OF LABOR ADDRESSES: You may submit comments, Department of Labor, 200 Constitution identified by Regulatory Information Avenue, NW., Room S–3510, Employment and Training Number (RIN) 1205–AB38, by any of the Washington, DC 20210; Telephone: Administration following methods: (202) 693–0745 (this is not a toll-free • Federal e-Rulemaking Portal: number). 20 CFR Part 655 http://www.regulations.gov. Follow the Individuals with hearing or speech RIN 1205–AB38 website instructions for submitting impairments may access the telephone comments. numbers above via TTY by calling the Labor Condition Applications and • E-mail: Comments may be toll-free Federal Information Relay Requirements for Employers Using submitted by e-mail to Service at 1–800–877–8339. Nonimmigrants on H–1B Visas in [email protected]. Include RIN 1205– SUPPLEMENTARY INFORMATION: Specialty Occupations and as Fashion AB38 in the subject line of the message. I. Statutory Authority and Background Models; Labor Attestations Regarding • Mail: Submit written comments to H–1B1 Visas the Assistant Secretary for Employment The United States-Chile Free Trade and Training Administration, U.S. Agreement (Chile FTA) and United AGENCIES: Employment and Training Department of Labor, 200 Constitution States-Singapore Free Trade Agreement Administration and Wage and Hour Avenue, NW., Room C–4312, (Singapore FTA) have been Division, Employment Standards Washington, DC 20210, Attention: implemented by the U.S. Congress Administration, Labor. William Carlson, Chief, Division of through legislation. See United States- ACTION: Interim final rule; request for Foreign Labor Certification. Because of Chile Free Trade Agreement comments. security measures, mail directed to Implementation Act, Pub. L. 108–77, 117 Stat. 909 (September 3, 2003) (Chile SUMMARY: The Department of Labor Washington, DC is sometimes delayed. We will only consider comments FTA Implementation Act); United (Department or DOL) is amending its States-Singapore Free Trade Agreement regulations related to the temporary postmarked by the U.S. Postal Service or other delivery service on or before the Implementation Act, Pub. L. 108–78, employment of foreign professionals to 117 Stat. 948 (September 3, 2003) implement procedural requirements deadline for comments. Instructions: All submissions received (Singapore FTA Implementation Act). applicable to a new visa category—the The Chile FTA and Singapore FTA are H–1B1 visa. The H–1B1 visa permits the must include the RIN 1205–AB38 for this rulemaking. Receipt of submissions, available on the Web site for the Office temporary entry and employment in the of the United States Trade United States of professionals in whether by mail, Internet, or e-mail will not be acknowledged. Because DOL Representative at http://www.ustr.gov. specialty occupations from countries The Chile FTA Implementation Act continues to experience delays in with which the United States has amends the Immigration and Nationality receiving postal mail in the Washington, entered into agreements identified in Act (INA) to create a new visa DC area, commenters are encouraged to section 214(g)(8)(A) of the Immigration category—the H–1B1 visa—for the submit any comments by mail early. and Nationality Act (INA). Congress temporary entry and employment in the Comments will be available for public created the new visa category as part of United States of professionals from inspection during normal business its approval of the United States-Chile countries with which the United States Free Trade Agreement and the United hours at the address listed above for has entered into agreements identified States-Singapore Free Trade Agreement. mailed comments. Persons who need in section 214(g)(8)(A) of the INA. See By statute, the new H–1B1 visa is assistance to review the comments will INA section 101(a)(15)(H)(i)(b1) [8 available only to nationals of Chile and be provided with appropriate aids such U.S.C. 1101(a)(15)(H)(i)(b1)]. The H–1B1 Singapore. Under the implementing as readers or print magnifiers. Copies of visa is available for individuals in legislation, DOL’s responsibilities this interim final rule may be obtained specialty occupations who seek to come regarding H–1B1 visas are to be in alternative formats (e.g., large print, to the United States temporarily to implemented in a manner similar to the Braille, audiotape, or disk) upon engage in professional activities for an existing H–1B program for temporary request. To schedule an appointment to employer. Id. The INA amendments employment of nonimmigrant aliens in review the comments and/or to obtain creating the H–1B1 visa took effect on specialty occupations and as fashion the proposed rule in an alternative January 1, 2004. The INA as amended models. Thus, employers in the United format, contact the Division of Foreign identifies two agreements with States seeking to temporarily employ Labor Certification at 202–693–3010 countries that qualify for the H–1B1 foreign professionals in specialty (this is not a toll-free number). program—the Chile FTA and Singapore occupations through H–1B1 visas must FOR FURTHER INFORMATION CONTACT: On FTA. See INA section 214(g)(8)(A) [8 file a labor attestation with the 20 CFR part 655, subpart H, regarding U.S.C. 1184(g)(8)(A)]. Department of Labor making the same the H–1B1 labor attestation procedures, To qualify as a professional for attestations regarding payment of contact Denis Gruskin, Senior purposes of the H–1B1 program, a prevailing wages, working conditions, Specialist, Division of Foreign Labor person must be engaged in a specialty absence of strikes or lockouts, and Certification, Employment and Training occupation requiring theoretical and notice to other employees that Administration (ETA), Department of practical application of a body of employers currently make when seeking Labor, 200 Constitution Avenue, NW., specialized knowledge, and attainment entry of a foreign worker under the H– Room C–4312, Washington, DC 20210; of a bachelor’s degree or higher as a 1B program. Telephone: (202) 693–2953 (this is not minimum for entry into the occupation DATES: This interim final rule is a toll-free number). in the United States. See INA section effective on November 23, 2004. On 20 CFR part 655, subpart I, 214(i)(3) [8 U.S.C. 1184(i)(3)]. Both the Interested persons are invited to submit regarding the H–1B1 enforcement Chile FTA and Singapore FTA state that written comments on this interim final process, contact Michael Ginley, they cover ‘‘a business person seeking to rule. To ensure consideration, Director, Office of Enforcement Policy, engage in a business activity as a comments must be received on or before Wage and Hour Division, Employment professional, or to perform training January 24, 2005. Standards Administration (ESA), functions related to a particular
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profession, including conducting adversely affect working conditions for The statute establishing the H–1B1 seminars, if the business person similarly employed workers; visa category also provides that an H– otherwise complies with immigration • There is no strike or lockout in the 1B1 nonimmigrant may be denied entry measures applicable to temporary course of a labor dispute in the into the U.S. if a labor dispute is in entry.’’ Chile FTA Annex 14.3(D)(1); occupational classification at the progress in the occupational Singapore FTA Annex 11A(IV)(1). Both worksite; and classification at the intended place of agreements also identify certain • It has provided notice of its filing of employment, unless the nonimmigrant professions that qualify for temporary a labor attestation to its employees’ establishes, pursuant to regulations to entry, along with required credentials bargaining representative for the be issued by the Department of for each. See Chile FTA at Annex occupational classification affected or, if Homeland Security, after consultation 14.3(D)(2) and Appendix 14.3(D)(2) there is no bargaining representative, with the Department of Labor, that the (Disaster Relief Claims Adjuster, has provided notice to its employees in nonimmigrant’s entry will not adversely Management Consultant, Agricultural the affected occupational classification affect settlement of the labor dispute or Manager, and Physical Therapist); by physical posting or other means. employment of the workers involved. Singapore FTA at Annex 11A(IV)(3) and Under the INA amendments creating See INA section 214(j)(2) [8 U.S.C. Appendix 11A.2 (Disaster Relief Claims the H–1B1 visas, as under the H–1B 1184(j)(2)]. This interim final rule does Adjuster and Management Consultant). labor condition application not address this situation, but the The Statement of Administrative Action requirements, the Department must Department will consult with USCIS on regarding the Chile FTA, which was review labor attestations only for development of the USCIS labor dispute approved by Congress, notes that the completeness and obvious inaccuracies. regulation. definition of ‘‘specialty occupation’’ Unless a filing is incomplete or During the period that the temporary will be interpreted in a manner similar obviously inaccurate, the Secretary of entry of professionals provisions of the to the term’s use in the H–1B visa Labor must certify the H–1B1 filing Chile FTA are in effect, prospective program. See Public Law 108–77, within 7 days of the filing. See INA employers of Chilean nationals seeking section 212(t)(2)(C) [8 U.S.C. § 101(a) (approving United States-Chile H–1B1 visas will be subject to the 1182(t)(2)(C)]. As with the H–1B Free Trade Agreement Implementation attestation requirements of section program, the Department will certify the Act—Statement of Administrative 212(t) of the INA, in accordance with H–1B1 labor attestation for the period of Action, July 15, 2003, available at Chapter 14 and Section D of Annex 14.3 employment requested by the employer http://waysandmeans.house.gov/media/ of the Chile FTA and section 402 of the on the ETA Form 9035, up to a pdf/chile/hr2738ChileSAA7–15–03.pdf). Chile FTA Implementation Act. The maximum 3-year period. By statute, Determinations of specialty occupation number of Chilean professionals that however, H–1B1 visas will be valid and and of nonimmigrant qualifications are may enter the United States on H–1B1 renewable for 1-year periods, with visa not made by the Department of Labor, visas under Annex 14.3, Section D is renewals beyond 3 years requiring the but by the Department of State and/or limited to 1,400 annually. See Appendix filing of a new labor attestation with the 14.3(D)(6) of the Chile FTA and INA the United States Citizenship and Department of Labor. See INA section Immigration Services (USCIS) of the section 214(g)(8)(B). 214(g)(8)(C) [8 U.S.C. 1184(g)(8)(C)]. For their part, prospective employers Department of Homeland Security Steps for receiving an H–1B1 visa of Singaporean nationals seeking H–1B1 (formerly the Immigration and subsequent to the Department of Labor visas will be subject to the attestation Naturalization Service or INS) in attestation process are the responsibility requirements of section 212(t) of the accordance with the procedures of those of and will be identified by USCIS and INA during the period that the agencies for processing H–1B or H–1B1 the Department of State. temporary entry of professionals visa requests. As with labor condition applications provisions of the Singapore FTA are in An employer in the United States for H–1B nonimmigrants, the Secretary effect, in accordance with Chapter 11 wishing to employ a professional from of Labor is required to compile a list, by and Section IV of Annex 11A of the one of the countries for which H–1B1 employer and occupational Singapore FTA and section 402 of the visas are available (now Chile or classification, of all labor attestations Singapore FTA Implementation Act. Singapore) must submit a labor filed regarding H–1B1 nonimmigrants. The number of Singaporean attestation to the Department of Labor The list is to identify for each professionals entering the United States that includes the same elements attestation: the wage rate, number of under Annex 11A, Section IV is limited required for employers’ attestations alien professionals sought, period of to 5,400 annually. See Appendix 11A.3 under the existing H–1B visa program. intended employment, and date of need. of the Singapore FTA and INA section Compare INA section 212(t)(1) with INA section 212(t)(2)(B) [8 U.S.C. 214(g)(8)(B). 212(n)(1) [8 U.S.C. 1182(t)(1) and (n)(1)]. 1182(t)(2)(B)]. The Department must The Chile and Singapore Free Trade As with the H–1B program, the potential make the list publicly available in Agreements specify that their provisions H–1B1 employer must attest that: Washington, DC. for the temporary entry of professionals • It is offering the nonimmigrant, and Enforcement provisions for the (that is, the H–1B1 visa program) do not will pay during the period of authorized attestation are also based on limit the ability of such professionals to employment, wages that are at least the requirements under the H–1B visa seek entry under other immigration actual wage level paid to other program. See INA section 212(t)(3) [8 measures. Likewise, entry into the employees with similar experience and U.S.C. 1182(t)(3)]. The Department will United States of Chilean or Singaporean qualifications for the specific receive, investigate, and make nationals under the H–1B1 provisions employment in question, or the determinations on complaints filed by neither forecloses nor establishes their prevailing wage level for the any aggrieved person or organization eligibility for entry under other similar occupational classification in the area of regarding the failure of an employer to provisions of the INA. intended employment, whichever is meet the terms of its attestation. greater; Penalties for failure to meet conditions II. Overview of Regulatory Changes • It will provide working conditions of the labor attestation are the same as This interim final rule implements for the nonimmigrant that will not those under the H–1B program. responsibilities of the Department of
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Labor with respect to the admission and 655.710(b); 655.730(d)(5) and (e)(3); 2007). The new forms allow the related enforcement provisions under 655.736; 655.737; 655.738; 655.739; Department to distinguish between the new H–1B1 program of 655.760(a)(8), (9) and (10); part of Form 9035s filed under the H–1B nonimmigrant professionals in specialty 655.705(c); and 655.805(a)(7), (8), and statutory terms and those filed under occupations from countries with which (9). These provisions also no longer the H–1B1 statutory terms, and between the United States has reached apply to H–1B filings, because the labor attestations regarding H–1B1 agreements identified in section statutory provisions regarding H–1B- nonimmigrants from Chile and H–1B1 214(g)(8)(A) of the INA. This rule dependent employers and willful nonimmigrants from Singapore. ETA amends the subpart headings, violators have lapsed for H–1B labor will announce changes in filing applicability section, and other sections condition applications filed after procedures and instructions by of the Department of Labor regulations September 30, 2003. publication of notice in the Federal pertaining to employers seeking the This interim final rule also directs in Register and posting on the ETA Web temporary entry on H–1B visas of § 655.700(d)(2) that certain terms in site at http://atlas.doleta.gov/foreign/. nonimmigrant aliens in specialty subparts H and I of part 655 will be As required by the new INA occupations and as fashion models (20 interpreted to include terminology amendments related to the H–1B1 CFR part 655, subparts H and I) to applicable to the H–1B1 program in program, this interim rule provides in extend the same procedures, with accordance with the INA amendments, 20 CFR 655.760(b) that ETA will limited exceptions based upon statutory except as excluded. Thus, wherever 20 compile and maintain a list of H–1B1 requirements, to temporary entry and CFR part 655, subparts H or I, reference labor attestations filed under INA employment on H–1B1 visas. ‘‘H–1B’’ (for example, ‘‘H–1B section 212(t). For each attestation, this In accordance with the provisions of nonimmigrant’’ or ‘‘H–1B visas’’), it list will show, by employer, the the legislation implementing the Chile includes ‘‘H–1B1’’ (e.g., ‘‘H–1B1 occupational classification, wage rate(s), and Singapore FTAs, this rule nonimmigrants’’ or ‘‘H–1B1 visas’’), number of nonimmigrants sought, specifically applies subparts H and I, except as excluded. Likewise, references period(s) of intended employment, and subject to the limited exceptions, to H– to a ‘‘labor condition application’’ or date(s) of need for each employer’s 1B1 labor attestations regarding ‘‘LCA’’ shall be understood to include application. The list will be available for nationals of those countries by reference to a labor attestation under the public examination at the Washington, amending 20 CFR 655.0(d), adding a H–1B1 provisions, except as excluded. DC offices of ETA’s Division of Foreign new introductory paragraph to To provide clear statutory citations Labor Certification. § 655.700, adding new paragraphs (c)(3) within the regulation, this interim final As stated in 20 CFR 655.700(c)(3), this and (d) to § 655.700, and adding a new rule amends several sections of part 655, interim rule, which implements the introductory paragraph to § 655.730. subparts H and I, that refer to the INA Department of Labor’s statutory The specific applicability of subparts H statutory provisions regarding H–1B responsibilities regarding the H–1B1 and I of part 655 to nonimmigrants from visas (that is, INA section 212(n) and its program, will take effect immediately on Chile and Singapore is identified in new subordinate clauses) to add references to publication in the Federal Register and § 655.700(d)(5) (applicability to Chile) the corresponding INA statutory will apply to H–1B1 attestations and § 655.700(d)(6) (applicability to provisions regarding H–1B1 visas (that regarding Chilean or Singaporean Singapore). Other conforming changes is, INA section 212(t) and its nationals filed on or after that date. H– are made as described below. corresponding subordinate clauses). In 1B1 attestations filed on or after January As provided in this rule, employers some instances, no additional reference 1, 2004, but prior to this interim final seeking to temporarily employ to the H–1B1 statutory provisions is rule’s effective date, will be handled in professionals under H–1B1 visas must necessary because the particular H–1B accordance with the statutory terms and file labor attestations with the statutory provision ‘‘for example, the processing procedures that the Department in accordance with the regarding ‘‘H–1B-dependent employers’’ Department posted on its Web Site in regulations at 20 CFR part 655, subpart and ‘‘willful violators’’ ‘‘has no parallel advance of the January 1, 2004, H, and comply with the requirements of provision in the H–1B1 statutory section commencement of the H–1B1 program. subpart I, with certain exclusions (see, e.g., reference to H–1B statutory identified in the regulation. Because the provision in § 655.705(a)). Amendments III. Administrative Information Department is making the existing H–1B addressing statutory citations are made Executive Order 12866—Regulatory regulations generally applicable to H– to §§ 655.731, 655.740, 655.800, Planning and Review 1B1 nonimmigrants, rather than writing 655.801, 655.805, and 655.810. a new rule for the H–1B1 program, this Corrections are also made to statutory We have determined that this interim interim final rule identifies in citations in §§ 655.731(c)(10)(i)(C) and final rule is not an ‘‘economically § 655.700(c) and (d) the portions of (c)(10)(ii), and in § 655.801(c). significant regulatory action’’ within the subparts H and I that will apply and Filing procedures for H–1B1 labor meaning of Executive Order 12866. The others that will not apply to the H–1B1 attestations are identified in procedures for filing a labor attestation program. Employer’s responsibilities § 655.700(d)(3). As provided by that under the new H–1B1 visa category, and under the H–1B1 program are identified section, employers seeking to hire an H– specifically on behalf of nonimmigrant in new § 655.700(d)(4). New section 20 1B1 nonimmigrant must make the professionals from Chile and Singapore, CFR 655.700(d)(1) lists the provisions of required labor attestations by submitting will not have an economic impact of the H–1B regulations that do not apply a completed ETA Form 9035 or ETA $100 million or more because employers to H–1B1 nonimmigrants, but rather Form 9035E (electronic) to the seeking to employ H–1B1 nonimmigrant apply only to H–1B nonimmigrants. Department in accordance with the professionals will use the same Among these exclusions are several procedures identified in §§ 655.720 and procedures and forms presently provisions related to ‘‘H–1B-dependent 655.730. The Department has obtained required for the H–1B nonimmigrant employers’’ and ‘‘willful violators’’ of approval for revised ETA Forms 9035 professionals program, and H–1B1 visas the H–1B rules that Congress did not and 9035E covering both the H–1B and will be subject to annual numerical include in the legislation establishing H–1B1 programs (OMB control number limits. While it is not economically the H–1B1 visa, specifically 20 CFR 1205–0310, expiration date August 31, significant, the Office of Management
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and Budget (OMB) reviewed this and significantly below the potential Executive Order 12866, we certify that interim final rule because this is a new universe of small businesses to which it also is not a major rule under program and needs to be closely the program is open. Further, it should SBREFA. It will not result in an annual coordinated with other Federal be noted that a sizeable number of effect on the economy of $100 million agencies, in particular the Departments employers file multiple applications. or more; a major increase in costs or of State and of Homeland Security, Because applications come from prices; or significant adverse effects on which are also charged with employers in all industry segments, we competition, employment, investment, responsibilities in implementing the H– consider all small businesses as the productivity, innovation, or on the 1B1 program. appropriate universe for comparison ability of United States-based purposes. According to the Small Regulatory Flexibility Analysis companies to compete with foreign- Business Administration’s publication based companies in domestic and We have notified the Chief Counsel The Regulatory Flexibility Act—An export markets. for Advocacy, Small Business Implementation Guide for Federal Administration, and made the Agencies, there were 22,900,000 small Executive Order 13132—Federalism certification pursuant to the Regulatory businesses in the United States in 2002. This interim final rule will not have Flexibility Act (RFA) at 5 U.S.C. 605(b), Thus in comparison to the universe of a substantial direct effect on the States, that this interim final rule will not have all small businesses, we estimate the on the relationship between the a significant economic impact on a number of different (or non-duplicated) National Government and the States, or substantial number of small entities. employers that will be involved in filing on the distribution of power and The factual basis for that certification the expected 260,000 applications responsibilities among the various is as follows: This rule, which is represents approximately 1% of all levels of government. Therefore, in procedural in nature, is required to small businesses. The Department of accordance with Executive Order 13132, implement statutory provisions enacted Labor asserts a small business pool of we have determined that this interim by Congress pursuant to the Chile FTA 1% does not represent a substantial final rule does not have sufficient and Singapore FTA that narrowly proportion of small entities. federalism implications to warrant the extend the scope of the Department of Moreover, the Department of Labor preparation of a summary impact Labor’s existing H–1B program to does not believe that this rule will have statement. include similar labor attestation filing a significant economic impact. Under requirements for the temporary entry of the interim final rule, an employer will Assessment of Federal Regulations and Chilean and Singaporean professionals spend the same amount of time Policies on Families under the H–1B1 program. The preparing and submitting the Form ETA This interim final rule does not affect regulatory change will affect only those 9035 for the H–1B1 program as the family well-being. employers seeking nonimmigrant H– employer would for application under Paperwork Reduction Act 1B1 professionals in specialty the H–1B program. Since the attestation occupations from Chile or Singapore for and filing activities are no different from Forms and information collection temporary employment in the United those required under the existing H–1B requirements related to the States. Employers seeking to employ program, the interim rule establishes no Department’s H–1B and H–1B1 these H–1B1 nonimmigrant additional economic burden on small programs under 20 CFR part 655, professionals will use the same entities. subpart H, are currently approved under procedures and forms presently The Department of Labor welcomes OMB control number 1205–0310 required for H–1B nonimmigrant comments on this RFA certification. (expiration date August 31, 2007). This professionals, and H–1B1 visas will be interim final rule does not include a subject to annual numerical limits. Unfunded Mandates Reform Act of 1995 substantive or material modification of Based on past filing data, the DOL This interim final rule will not result that collection of information. Under estimates that in the upcoming year in the expenditure by State, local, and this interim final rule, employers filing employers will file approximately tribal governments, in the aggregate, or labor attestations regarding H–1B1 260,000 attestations under the H–1B and by the private sector, of $100 million or nonimmigrants will use the same forms H–1B1 programs. (Since the H–1B more in any one year, and it will not and follow the same procedures as program’s inception, the number of H– significantly or uniquely affect small employers seeking entry for H–1B 1B attestations has exceeded the initial governments. Therefore, no actions are nonimmigrants. This interim final rule H–1B visas available each year; for deemed necessary under the provisions simply extends existing H–1B example, for Fiscal Year 2003, about of the Unfunded Mandates Reform Act paperwork forms and filing procedures 261,000 attestations covering 517,000 of 1995. to potential employers of an additional job openings were certified even though category of potential foreign temporary Small Business Regulatory Enforcement only 195,000 initial H–1B visas were workers—nationals of countries with Fairness Act of 1996 available that year.) Some employers which the United States has entered will file multiple attestations in a year. This interim final rule is not a major into certain agreements (Chile and Because entry of professionals from rule as defined by section 804 of the Singapore) seeking to enter the United Chile and Singapore under the H–1B1 Small Business Regulatory Enforcement States under H–1B1 visas to perform program will be subject to annual Act of 1996 (SBREFA). The standards professional work. Because H–1B1 visas numerical limits (1,400 from Chile and for determining whether a rule is a will be subject to annual numerical 5,400 from Singapore), the Department major rule as defined by section 804 of limits, the Department does not does not anticipate a significant SBREFA are similar to those used to anticipate a substantial increase in expansion in filings. We do not inquire determine whether a rule is an filings under 20 CFR part 655, subpart about the size of employers filing labor ‘‘economically significant regulatory H. attestations; however, the number of action’’ within the meaning of Executive small entities that file attestations in the Order 12866. Because we certified that Publication as an Interim Final Rule upcoming year will be less than the this interim final rule is not an The Department has determined that expected total of 260,000 applications economically significant rule under the public interest requires the
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immediate issuance of this interim final effective date because the statutory Subparts L and M issued under 8 U.S.C. rule, and that it is unnecessary to amendments creating the H–1B1 1101(a)(15)(H)(i)(c), 1182(m), and 1184; and publish this technical amendment to the nonimmigrant category, extending the 29 U.S.C. 49 et seq. H–1B regulations as a Notice of procedural filing requirements under ■ 2. Section 655.0 is amended by Proposed Rulemaking. Pursuant to the the H–1B program to H–1B1 revising paragraph (d) to read as follows: September 2003 legislation nonimmigrants, and applying these implementing the Chile Free Trade provisions to nationals of Chile and § 655.0 Scope and purpose of part. Agreement, the statutory changes Singapore became effective January 1, * * * * * extending the H–1B labor attestation 2004. (d) Subparts H and I of this part. procedures, with limited changes, to the Subparts H and I of this part set forth Catalog of Federal Domestic Assistance newly created H–1B1 visa category for the process by which employers can file Number nonimmigrant professionals from with, and the requirements for obtaining certain countries became effective This program is listed in the Catalog approval from, the Department of Labor January 1, 2004. In accordance with the of Federal Domestic Assistance at of labor condition applications Chile FTA and the Singapore FTA and Number 17.252, ‘‘Attestations by necessary for the purpose of petitioning their respective implementing Employers Using Non-Immigrant Aliens the United States Citizenship and legislation, application of the new H– in Specialty Occupations.’’ Immigration Services (USCIS) of the 1B1 nonimmigrant procedures, List of Subjects in 20 CFR Part 655 Department of Homeland Security including the labor attestation (formerly the Immigration and requirements, to employers seeking to Administrative practice and Naturalization Service or INS) for H–1B temporarily employ nonimmigrant procedure, Agriculture, Aliens, Chile, visas for aliens to be employed in professionals of those countries also Employment, Forest and forest specialty occupations or as fashion took effect on January 1, 2004. (While products, Health professions, models of distinguished merit and this interim rule, which implements the Immigration, Labor, Longshore work, ability, and the enforcement provisions Department of Labor’s statutory Migrant labor, Penalties, Reporting and relating thereto. With respect to H–1B1 responsibilities regarding the H–1B1 recordkeeping requirements, Singapore, visas for the temporary employment in program, will take effect immediately on Students, Wages. specialty occupations of nonimmigrant publication in the Federal Register, any ■ For the reasons stated in the Preamble, professionals from countries with which H–1B1 applications filed on or after 20 CFR part 655 is amended as follows: the U.S. has entered into certain January 1, 2004, but prior to this interim agreements identified in section rule’s effective date, have been handled PART 655—TEMPORARY 214(g)(8)(A) of the INA, subparts H and in accordance with the statutory terms EMPLOYMENT OF ALIENS IN THE I set forth the process for an employer and the processing procedures that the UNITED STATES to file a labor attestation with the Department of Labor, the Department’s Department posted on its website in ■ 1. The authority citation for part 655 is approval procedures regarding these advance of the January 1, 2004, revised to read as follows: commencement of the H–1B1 program.) attestations, and enforcement positions Insufficient time existed following Authority: Section 655.0 issued under 8 related thereto. enactment of the statutory U.S.C. 1101(a)(15)(H)(i) and (ii), 1182(m), (n), and (t), 1184, 1188, and 1288(c) and (d); 29 * * * * * implementing provisions for the U.S.C. 49 et seq.; sec. 3(c)(1), Pub. L. 101– ■ 3. Part 655, subpart H, is amended by Department to issue a proposal for 238, 103 Stat. 2099, 2102 (8 U.S.C. 1182 revising the subpart heading to read as comments, review the comments, and note); sec. 221(a), Pub. L. 101–649, 104 Stat. follows: promulgate a final rule to be effective by 4978, 5027 (8 U.S.C. 1184 note); sec. 323, January 1, 2004. Moreover, the changes Pub. L. 103–206, 107 Stat. 2149; Title IV, Subpart H—Labor Condition being made by this interim final rule Pub. L. 105–277, 112 Stat. 2681; Pub. L. 106– Applications and Requirements for merely extend the H–1B regulations to 95, 113 Stat. 1312 (8 U.S.C. 1182 note); and Employers Using Nonimmigrants on H–1B1 nonimmigrants, subject to 8 CFR 213.2(h)(4)(i). H–1B Visas in Specialty Occupations limited exceptions, in accordance with Section 655.00 issued under 8 U.S.C. and as Fashion Models, and Labor 1101(a)(15)(H)(ii), 1184, and 1188; 29 U.S.C. statutory provisions that extend the H– 49 et seq.; and 8 CFR 214.2(h)(4)(i). Attestation Requirements for 1B procedural filing requirements to the Subparts A and C issued under 8 U.S.C. Employers Using Nonimmigrants on temporary entry of Chilean and 1101(a)(15)(H)(ii)(b) and 1184; 29 U.S.C. 49 et H–1B1 Visas in Specialty Occupations Singaporean professionals during the seq.; and 8 CFR 214.2(h)(4)(i). effective periods of the Chile FTA and Subpart B issued under 8 U.S.C. ■ 4. Section 655.700 is amended by Singapore FTA. Therefore, the 1101(a)(15)(H)(ii)(a), 1184, and 1188; and 29 revising the section title and paragraph Department finds, pursuant to 5 U.S.C. U.S.C. 49 et seq. (a) introductory text, by adding a new 553(b)(3)(B), that good cause exists for Subparts D and E issued under 8 U.S.C. introductory paragraph to be placed publishing this regulatory amendment 1101(a)(15)(H)(i)(a), 1182(m), and 1184; 29 prior to paragraph (a), and by adding new U.S.C. 49 et seq.; and sec. 3(c)(1), Pub. L. paragraphs (c)(3) and (d) as follows: as an interim final rule. While notice of 101–238, 103 Stat. 2099, 2103 (8 U.S.C. 1182 proposed rulemaking is being waived, note). § 655.700 What statutory provisions the Department is interested in Subparts F and G issued under 8 U.S.C. govern the employment of H–1B and H–1B1 comments and advice regarding this 1184 and 1288(c); and 29 U.S.C. 49 et seq. nonimmigrants and how do employers interim final rule. Subparts H and I issued under 8 U.S.C. apply for an H–1B or H–1B1 visa? In addition, for these same reasons, it 1101(a)(15)(H)(i)(b) and (b1), 1182(n), 1182(t), Under the H–1B1 visa, the has been determined that good cause and 1184; 29 U.S.C. 49 et seq.; sec 303(a)(8), Immigration and Nationality Act (INA), Pub. L. 102–232, 105 Stat. 1733, 1748 (8 exists for waiving the requirements to U.S.C. 1182 note); and Title IV, Pub. L. 105– as amended, permits nonimmigrant delay the effective date of these 277, 112 Stat. 2681. professionals in specialty occupations technical amendments under 5 U.S.C. Subparts J and K issued under 29 U.S.C. 49 from countries with which the U.S. has 553(d). It is impracticable and et seq.; and sec. 221(a), Pub. L. 101–649, 104 entered into certain agreements that are unnecessary to provide for a delayed Stat. 4978, 5027 (8 U.S.C. 1184 note). identified in section 214(g)(8)(A) of the
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INA to temporarily enter the U.S. for posted on its website in advance of Changes in the procedures and professional employment. Employers January 1, 2004. instructions for submission of the H– seeking to temporarily employ H–1B1 (d) Nonimmigrants on H–1B1 visas. 1B1 labor attestation will be provided in professionals must file a labor (1) Exclusions. The following sections a notice published in the Federal attestation with the Department of Labor and portions of sections in this subpart Register and posted at the ETA web site in accordance with this subpart as set and in subpart I of this part do not apply at http://atlas.doleta.gov/foreign/. out in § 655.700(c)(3) and (d), which to H–1B1 nonimmigrants but apply only (4) Employer’s responsibilities identify the sections of this subpart H to H–1B nonimmigrants: Sections regarding H–1B1 labor attestation. Each and of subpart I of this part that apply 655.700(a), (b), (c)(1) and (c)(2); employer seeking an H–1B1 to the H–1B1 program, sections and 655.705(b) and (c); 655.710(b); the last nonimmigrant in a specialty occupation subsections applicable only to the H–1B clause of the second sentence of has several responsibilities, as described program, and how terminology is to be 655.720(c) (regarding a petition to INS); more fully in this subpart and subpart applied. Steps for receiving an H–1B1 655.730(d)(5) and (e)(3); 655.736; I of this part, including: visa and entering the U.S. on an H–1B1 655.737; 655.738; 655.739; (i) By completing and submitting the visa after the attestation process is 655.760(a)(8), (9) and (10); and LCA, and in addition by signing the completed with the Department of 655.805(a)(7), (8) and (9). Additionally, LCA, the employer makes certain Labor, which differ in some respects the definition of the Immigration and representations and agrees to several from the steps for H–1B visas, are the Naturalization Service in § 655.715 is attestations regarding the employer’s responsibility of the Department of State inapplicable to the H–1B1 program. responsibilities, including the wages, and the United States Citizenship and Further, any of the following references working conditions, and benefits to be Immigration Services (USCIS) of the in this subpart H or in subpart I of this provided to the H–1B1 nonimmigrant (8 Department of Homeland Security part, whether in the excluded sections U.S.C. 1182(t)(1)). These attestations are (formerly the Immigration and listed above or elsewhere, do not apply specifically identified and incorporated Naturalization Service or INS) and are to H–1B1 nonimmigrants but apply only in the LCA, as well as being set forth in identified in regulations and procedures to H–1B nonimmigrants: References to full on Form ETA 9035CP. (ii) The employer reaffirms its of those agencies. Consult the fashion models of distinguished merit acceptance of all of the attestation Department of State (http:// and ability (H–1B but not H–1B1 visas obligations by transmitting the certified www.state.gov/) and USCIS (http:// are available to such fashion models); labor attestation to the nonimmigrant, uscis.gov/) websites and regulations for references to a petition process before the Department of State, and/or the specific instructions regarding H–1B1 the INS (now USCIS) (the petition USCIS in accordance with the further visas. Procedures described in this process applies only to H–1B not H–1B1 visas); references to H–1B-dependent procedures of those agencies necessary subpart H for obtaining a visa and employers and employers found to have for the nonimmigrant to obtain an H– entering the U.S. after the Department of willfully violated the H–1B program 1B1 visa and enter or remain in the U.S. Labor attestation process, including requirements (these provisions do not (iii) The employer shall maintain the procedures in this section and apply to the H–1B1 program); and original signed and certified LCA in its § 655.705, apply only to H–1B reference in § 655.750(a) or elsewhere in files, and shall make a copy of the filed nonimmigrants, not to H–1B1 this part to the provision in INA section LCA, as well as necessary supporting nonimmigrants. 214(n) (formerly INA section 214(m)) documentation (as identified under this (a) Statutory provisions regarding H– regarding increased portability of H–1B subpart), available for public 1B visas. With respect to nonimmigrant status (by the statutory terms, the examination in a public access file at workers entering the U.S. on H–1B portability provision is inapplicable to the employer’s principal place of visas, which are available to H–1B1 nonimmigrants). business in the U.S. or at the place of nonimmigrant aliens in specialty (2) Terminology. For purposes of this employment within one working day occupations or certain fashion models subpart H and subpart I of this part, after the date on which the LCA is filed from any country, the INA, as amended, except in those sections identified in with ETA. provides as follows: * * * paragraph (d)(1) of this section as (iv) The employer shall develop * * * * * inapplicable to H–1B1 nonimmigrants sufficient documentation to meet its (c) * * * and as otherwise excluded: burden of proof, in the event that such (3) Subject to paragraph (d) of this (i) The term ‘‘H–1B’’ shall include statement or information is challenged, section, this subpart H and subpart I of ‘‘H–1B1’’ (INA section with respect to the validity of the this part apply to all employers seeking 101(a)(15)(H)(i)(b1)); and statements made in its LCA and the to employ foreign workers under the H– (ii) The term ‘‘labor condition accuracy of information provided. The 1B1 visa classification in specialty application’’ or ‘‘LCA’’ shall include a employer shall also maintain such occupations in accordance with INA labor attestation pursuant to the documentation at its principal place of section 101(a)(15)(H)(i)(b1) (8 U.S.C. provisions of INA section 212(t)(1) with business in the U.S. and shall make 1101(a)(15)(H)(i)(b1)), under an respect to an H–1B1 nonimmigrant such documentation available to DOL agreement listed in INA section professional under INA section for inspection and copying upon 214(g)(8)(A) (8 U.S.C. 1184(g)(8)(A)), 101(a)(15)(H)(i)(b1). request. and during the period that the listed (3) Filing procedures for H–1B1 labor (5) Application to Chile. During the agreement is in effect. This paragraph is attestations. Employers seeking to period that the provisions of Chapter 14 applicable to H–1B1 attestations filed on employ an H–1B1 nonimmigrant must and Section D of Annex 14.3 of the or after November 23, 2004; H–1B1 submit to DOL a completed ETA Form United States-Chile Free Trade attestations filed prior to that date but 9035 or ETA Form 9035E (electronic) in Agreement (Chile FTA) are in effect, this on or after January 1, 2004, the the manner prescribed in §§ 655.720 subpart H and subpart I of this part shall commencement of the H–1B1 program, and 655.730. Employers must indicate apply (except for the provisions will be handled in accordance with the on the form whether the labor excluded under paragraph (d)(1) of this H–1B1 statutory terms and the H–1B1 attestation is for an ‘‘H–1B1 Chile’’ or section) to the temporary entry and processing procedures the Department ‘‘H–1B1 Singapore’’ nonimmigrant. employment of a nonimmigrant who is
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a national of Chile under the provisions (i) Full state licensure to practice in ■ (a) In paragraph (c)(10)(i)(C) by of Article 14.9 and Annex 2.1 of the the occupation, if licensure is required removing the phrase ‘‘filing fee under Chile FTA and who is a professional for the occupation; section 214(c)(1) of the INA’’ and adding under the provisions of Annex 14.3(D) (ii) Completion of the required degree; in lieu thereof the phrase ‘‘filing fee, if of the Chile FTA. or any, under section 214(c) of the INA’’ (6) Application to Singapore. During (iii) Experience in the specialty and the period that the provisions of Section equivalent to the completion of such ■ (b) In paragraph (c)(10)(ii) by removing IV of Annex 11A of the United States- degree and recognition of expertise in the phrase ‘‘filing fee paid by the Singapore Free Trade Agreement the specialty through progressively employer under Section 214(c)(1) of the (Singapore FTA) are in effect, this responsible positions relating to the INA’’ and adding in lieu thereof the subpart H and subpart I of this part shall specialty. INA, 8 U.S.C. 1184(i)(1) and phrase ‘‘filing fee paid by the employer, apply (except for the provisions (2). if any, under section 214(c) of the INA.’’ (2) For purposes of the H–1B1 excluded under paragraph (d)(1) of this § 655.740 [Amended] section) to the temporary entry and program, specialty occupation means an ■ employment of a nonimmigrant who is occupation that requires theoretical and 8. Section 655.740 is amended in a national of Singapore under the practical application of a body of paragraph (a)(2)(ii) by removing the provisions of Chapter 11 and Section IV specialized knowledge, and attainment phrase ‘‘disqualified from employing H– of Annex 11A of the Singapore FTA and of a bachelor’s or higher degree (or its 1B nonimmigrants under section who is a professional under the equivalent) in the specific specialty as a 212(n)(2) of the INA.’’ and adding in lieu provisions of Annex 11A(IV) of the minimum for entry into the occupation thereof the phrase ‘‘disqualified from Singapore FTA. in the United States. INA, 8 U.S.C. employing H–1B nonimmigrants under 1184(i)(3). For H–1B1 nonimmigrants section 212(n)(2) of the INA or from 5. Section 655.715 is amended by from Chile, additional occupations that employing H–1B1 nonimmigrants under revising the definitions of ‘‘employer’’ qualify as specialty occupations are 212(t)(3) of the INA.’’ and ‘‘specialty occupation’’ to read as Disaster Relief Claims Adjuster, ■ follows: 9. Section 655.760 is amended by Management Consultant, Agricultural revising paragraph (b) to read as follows: § 655.715 Definitions. Manager, and Physical Therapist, as § 655.760 What records are to be made * * * * * defined in Appendix 14.3(D)(2) of the United States-Chile Free Trade available to the public, and what records Employer means a person, firm, Agreement. For H–1B1 nonimmigrants are to be retained? corporation, contractor, or other from Singapore, additional occupations * * * * * association or organization in the that qualify as specialty occupations are (b) National lists of applications and United States that has an employment Disaster Relief Claims Adjuster and attestations. ETA shall compile and relationship with H–1B or H–1B1 Management Consultant, as defined in maintain on a current basis a list of the nonimmigrants and/or U.S. worker(s). In Appendix 11A.2 of the United States- labor condition applications filed under the case of an H–1B nonimmigrant (not Singapore Free Trade Agreement. INA section 212(n) regarding H–1B including an H–1B1 nonimmigrant), the (3) Determinations of specialty nonimmigrants and a list of labor person, firm, contractor, or other occupation and of nonimmigrant attestations filed under INA section association or organization in the qualifications for the H–1B and H–1B1 212(t) regarding H–1B1 nonimmigrants. United States that files a petition with programs are not made by the Each list shall be by employer, showing the United States Citizenship and Department of Labor, but by the the occupational classification, wage Immigration Services (USCIS) of the Department of State and/or United rate(s), number of nonimmigrants Department of Homeland Security States Citizenship and Immigration sought, period(s) of intended (formerly the Immigration and Services (USCIS) of the Department of employment, and date(s) of need for Naturalization Service or INS), on behalf Homeland Security (formerly the each employer’s application. The list of the nonimmigrant is deemed to be the Immigration and Naturalization Service shall be available for public employer of that nonimmigrant. In the or INS) in accordance with the examination at the Division of Foreign case of an H–1B1 nonimmigrant, the procedures of those agencies for Labor Certification, Department of person, firm, contractor, or other processing visas, petitions, extensions of Labor, 200 Constitution Avenue, NW., association or organization in the stay, or requests for change of Room C–4312, Washington, DC 20210. United States that files an LCA with the nonimmigrant status for H–1B or H–1B1 * * * * * Department of Labor on behalf of the nonimmigrants. nonimmigrant is deemed to be the ■ 10. Part 655, subpart I is amended by employer of that nonimmigrant. * * * * * revising the subpart heading to read as ■ follows: * * * * * 6. Section 655.730 is amended by adding a new introductory paragraph to Specialty occupation: be placed prior to paragraph (a) to read Subpart I—Enforcement of H–1B Labor (1) For purposes of the H–1B (not as follows: Condition Applications and H–1B1 including H–1B1) program, specialty Labor Attestations § 655.730 What is the process for filing a occupation means an occupation that § 655.800 [Amended] requires theoretical and practical labor condition application? application of a body of highly This section applies to the filing of ■ 11. Section 655.800 is amended: specialized knowledge, and attainment labor condition applications for both H– (a) In paragraph (a) by removing the of a bachelor’s or higher degree (or its 1B nonimmigrants and H–1B1 phrase ‘‘section 212(n) of the INA (8 equivalent) in the specific specialty as a nonimmigrants. U.S.C. 1182(n))’’ and adding in lieu minimum for entry into the occupation * * * * * thereof the phrase ‘‘sections 212(n) and in the United States. The nonimmigrant (t) of the INA (8 U.S.C. 1182(n) and (t))’’; in a specialty occupation shall possess § 655.731 [Amended] ■ (b) In paragraph (c) by removing the the following qualifications: ■ 7. Section 655.731 is amended: phrase ‘‘section 212(n) of the INA’’ and
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adding in lieu thereof the phrase 212(n)(2)(C)(v) and (t)(3)(C)(v) of the § 655.810 [Amended] ‘‘sections 212(n) or (t) of the INA’’; and INA’’; and removing the phrase ■ 14. Section 655.810 is amended: ■ (c) In paragraph (c) by removing the ‘‘paragraph (d)(1) of this section (or ■ (a) In paragraph (b)(1)(vi) by removing phrase ‘‘pursuant to 8 U.S.C. 1182(n)’’ § 655.501(a)) may be allowed’’ and the phrase ‘‘section 212(n)’’ wherever it and adding in lieu thereof the phrase adding in lieu thereof the phrase appears and adding in lieu thereof the ‘‘pursuant to 8 U.S.C. 1182(n) or (t).’’ ‘‘paragraph (a)(1) of this section may be phrase ‘‘sections 212(n) or (t)’’; and § 655.801 [Amended] allowed’’; and ■ (b) In paragraph (c)(4) by removing the ■ phrase ‘‘8 U.S.C. 1182(n)’’ and adding in ■ 12. Section 655.801 is amended: (d) In the second sentence of paragraph ■ (c) by removing the phrase ‘‘section lieu thereof the phrase ‘‘8 U.S.C. 1182(n) (a) In paragraphs (a)(1) and (2) by or (t).’’ removing the phrase ‘‘section 212(n)’’ 212(n) of the INA’’ and adding in lieu wherever it appears and adding in lieu thereof the phrase ‘‘sections 212(n) or (t) Signed in Washington, DC, this 16th day of thereof the phrase ‘‘sections 212(n) or of the INA, as applicable.’’ November 2004. (t)’’; Emily Stover DeRocco, § 655.805 [Amended] ■ (b) In paragraph (b) by removing the Assistant Secretary, Employment and phrase ‘‘section 212(n)(2)(C)(ii)’’ and ■ 13. Section 655.805 is amended in Training Administration. adding in lieu thereof the phrase paragraph (c) by removing the phrase Alfred B. Robinson, Jr., ‘‘sections 212(n)(2)(C)(ii) or (t)(3)(C)(ii)’’; ‘‘section 212(n)(1)(A)(i) or (ii) of the Acting Administrator, Wage and Hour ■ (c) In the first sentence of paragraph (c) Division, Employment Standards INA’’ and adding in lieu thereof the Administration. by: removing the phrase ‘‘section phrase ‘‘sections 212(n)(1)(A)(i) or (ii), or 212(n)(2)(v) of the INA’’ and adding in [FR Doc. 04–25783 Filed 11–22–04; 8:45 am] 212(t)(1)(A)(i) or (ii) of the INA.’’ lieu thereof the phrase ‘‘sections BILLING CODE 4510–30–P
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Part IV
Securities and Exchange Commission 17 CFR Parts 210, 240, and 249 Temporary Postponement of the Final Phase-In Period for Acceleration of Periodic Report Filing Dates; Final Rule
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SECURITIES AND EXCHANGE Rule 12b–2 12 defines an ‘‘accelerated and 35-day deadlines remaining in COMMISSION filer’’ to mean an issuer after it first place for all subsequent periods. meets the following conditions as of the II. Proposing Release 17 CFR Parts 210, 240 and 249 end of its fiscal year: • On August 25, 2004, we published for [Release Nos. 33–8507; 34–50684; File No. The issuer has a public float of $75 S7–32–04] million or more as computed on the last comment a proposal to postpone for one business day of the issuer’s most year the final phase-in period for RIN 3235–AJ30 recently completed second fiscal acceleration of the filing deadlines of annual and quarterly reports filed by Temporary Postponement of the Final quarter; • The issuer has been subject to ‘‘accelerated filers,’’ as defined in Phase-In Period for Acceleration of Exchange Act reporting requirements for Exchange Act Rule 12b–2.14 Periodic Report Filing Dates at least 12 calendar months; Specifically, the annual report deadline AGENCY: Securities and Exchange • The issuer has filed at least one would remain at 75 days and the Commission. annual report; and quarterly report deadline would remain • ACTION: Final rule. The issuer is not eligible to use at 40 days for annual reports filed for Forms 10–KSB and 10–QSB for its fiscal years ending on or after December SUMMARY: We are adopting amendments annual and quarterly reports. 15, 2004, and the three subsequently to postpone for one year the final phase- We also adopted changes to related filed quarterly reports. The accelerated in period for acceleration of the due rules governing the timeliness of filing phase-in period would resume for dates of quarterly and annual reports financial information in Commission reports filed for fiscal years ending on required to be filed under the Securities filings, such as Securities Act or after December 15, 2005, during Exchange Act of 1934 by certain registration statements and proxy which an accelerated filer would have reporting companies known as statements and information statements to file its annual report within 60 days ‘‘accelerated filers,’’ which are issuers under Section 14 of the Exchange Act. after year end and file its next three that have a public float of at least $75 We originally determined to phase-in quarterly reports within 35 days. These million, that have been subject to the the accelerated filing deadlines over a filing deadlines would then remain in Exchange Act’s reporting requirements three-year period in an effort to balance place for all annual and quarterly for at least 12 calendar months, that the market’s need for information with reports filed thereafter. We proposed the previously have filed at least one annual the time companies need to prepare that one year postponement to allow report, and that are not eligible to file information without undue burden. In additional time and opportunity for their quarterly and annual reports on our September 2002 adopting release, accelerated filers and their auditors to Forms 10–QSB and 10–KSB. we stated that a phase-in period would focus their efforts on complying with DATES: Effective December 23, 2004. allow a greater transition period for our new requirements regarding internal control over financial reporting.15 An FOR FURTHER INFORMATION CONTACT: companies to adjust their reporting Jennifer G. Williams, Attorney-Advisor, schedules and to develop efficiencies to accelerated filer must begin to include Office of Rulemaking, Division of ensure that the quality and accuracy of both a management report and auditor report on the effectiveness of its internal Corporation Finance, at (202) 942–2910, reported information would not be control over financial reporting in its U.S. Securities and Exchange compromised. annual report filed for its first fiscal year Commission, 450 Fifth Street, NW., Year one of the phase-in period began ending on or after November 15, 2004.16 Washington, DC 20549. for accelerated filers with fiscal years ending on or after December 15, 2002. We received forty-one comment SUPPLEMENTARY INFORMATION: We are 17 During year one, the annual report letters on the proposal from adopting amendments to Rules 3–01,1 2 3 4 deadline remained at 90 days after fiscal 3–09 and 3–12 of Regulation S–X, 14 year end, and the quarterly report See Release No. 33–8477 (Aug. 25, 2004) [69 FR and Forms 10–Q 5 and 10–K,6 as well as 53550] (the ‘‘Proposing Release’’). deadline remained at 45 days after the Rules 13a–10 7 and 15d–10,8 under the 15 See Release No. 33–8238 (June 5, 2003) [68 FR end of a quarter, but accelerated filers Securities Exchange Act of 1934.9 36636]. See also Release No. 33–8392 (Feb. 24, became subject to new disclosure 2004) [69 FR 9722]. I. Introduction requirements concerning website access 16 Item 308 of Regulations S–B and S–K [17 CFR to their Exchange Act reports.13 In year 228.308 and 229.308]. On September 5, 2002, we adopted 17 See letters from Addison, American Bar amendments to certain rules and forms two, the deadline for annual reports Association (‘‘ABA’’), American Institute of to accelerate the filing of quarterly, filed for fiscal years ending on or after Certified Public Accountants (‘‘AICPA’’), American annual and transition reports under the December 15, 2003 was accelerated to Society of Corporate Secretaries (‘‘ASCS’’), America’s Community Bankers (‘‘ACB’’), AmSouth 10 75 days and the deadline for the three Securities Exchange Act of 1934 by Bancorporation (‘‘AmSouth’’), Astoria Financial reporting companies that are subsequently filed quarterly reports was Corporation (‘‘Astoria’’), BDO Seidman (‘‘BDO’’), ‘‘accelerated filers.’’ 11 Exchange Act accelerated to 40 days. We currently are Becker & Poliakoff (‘‘Becker’’), Bierce & Kenerson in year two of the phase-in period. (‘‘Bierce’’), BMC Software (‘‘BMC’’), Business Roundtable (‘‘BR’’), Central Vermont Public Service 1 In year three, the annual report 17 CFR 210.3–01. Corporation (‘‘CVPSC’’); Computer Sciences Corp. 2 17 CFR 210.3–09. deadline was to become further (‘‘CSC’’), Deloitte & Touche (‘‘Deloitte2’’), Eli Lilly 3 17 CFR 210.3–12. accelerated to 60 days with respect to and Company (‘‘Eli Lilly’’), Enterprise Products 4 17 CFR 210.1–01 et seq. annual reports filed for fiscal years (‘‘EP’’), Ernst & Young (‘‘E&Y’’), Federal Signal 5 17 CFR 249.308a. ending on or after December 15, 2004, Corporation (‘‘FSC’’), FFLC Bancorp (‘‘FFLC’’), First 6 17 CFR 249.310. Federal Bancshares of Arkansas (‘‘FFBA’’), and the deadline for the three FirstBank Northwest (‘‘FirstBank’’), Franklin 7 17 CFR 240.13a–10. subsequently filed quarterly reports was Financial Services Corporation (‘‘FFSC’’), Gary 8 17 CFR 240.15d–10. to change to 35 days. This would have Bilello, CPA (‘‘Bilello’’), Horizon Organic Dairy 9 15 U.S.C. 78a et seq. completed the phase-in, with the 60-day (‘‘Horizon’’), ICU Medical (‘‘ICU’’), KPMG, 10 Id. MAXXAM, MBNA, National Association of Real 11 Release No. 33–8128 (Sept. 5, 2002)[67 FR Estate Investment Trusts (‘‘NAREIT’’), New York 58480]. On April 8, 2003, we published technical 12 17 CFR 240.12b–2. State Bar Association (‘‘NYSBA’’), Paul Allen, CPA amendments to these final rules in Release No. 33– 13 See Item 101(e) of Regulation S–K [17 CFR (‘‘Allen’’), Pfizer, PricewaterhouseCoopers 8128A [67 FR 17880]. 229.101(e)]. (‘‘PWC’’), Protective Life Corporation (‘‘PLC’’), Red
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companies, accounting firms, individual the filing deadlines with respect to both the postponed phase-in period to the accountants, business associations and types of reports in year four.24 financial information updating law firms.18 An overwhelming majority In the Proposing Release, we requirements in other Commission of the commenters supported the requested comment on possible filings, such as Securities Act and proposed postponement.19 They agreed alternatives to the proposed Exchange Act registration statements that a postponement of the final phase- postponement, such as whether we and proxy statements and information in period for acceleration of the annual should extend the filing deadlines only statements under Section 14 of the report would provide additional time for accelerated filers requesting an Exchange Act, as these updating for companies and auditors to focus extension by filing Form 12b–25 under requirements also are tied to periodic their efforts and resources on complying the Exchange Act. All of those report due dates under the Exchange with the internal control commenting on this alternative rejected Act.27 Updated interim financial requirements.20 A few of these it on grounds that companies would information will continue to be required commenters noted the proposed have to incur additional time and cost within 130 days after the end of the postponement would afford accelerated to file Form 12b–25 and that public registrant’s fiscal year for a fiscal year filers more time to address difficult filing of the form could raise ending on or after December 15, 2004 analytical issues that may arise in the unnecessary concerns about the and before December 15, 2005. The course of management’s internal control registrant in the capital markets.25 They phase-in schedule will resume in year assessment.21 Several commenters favored the proposed approach and four, during which updated interim agreed that the additional time would expressed the view that the one year financial information will be required allow companies to improve the postponement would more uniformly within 125 days after the end of the accuracy and reliability of financial assist companies in their efforts to registrant’s fiscal year for fiscal years reports available to investors.22 thoroughly implement the internal ending on or after December 15, 2005. All commenters remarking on the control requirements.26 In the Proposing Release, we issue suggested that the final phase-in of III. Final Rule Amendments requested comment on whether the the accelerated filing deadlines should length of the proposed postponement be postponed for both annual and Based on the public comments, we are was appropriate. Several of the quarterly reports. Some of these adopting the amendments to postpone commenters agreed that the one-year commenters stated that the additional for one year the completion of the final postponement was appropriate.28 time to file quarterly reports would phase-in of the accelerated filing A number of commenters offered assist management in improving and deadlines for annual and quarterly suggestions outside the scope of the refining companies’ ongoing evaluation reports, as proposed. We also are proposal. For example, nine and testing of internal control over adopting the proposed conforming commenters recommended that the financial reporting.23 Other commenters changes to the deadlines for transition Commission postpone the noted that applying the postponement reports to ensure the deadlines are implementation of the internal control to the annual and quarterly reports similar to the deadlines for periodic requirements by one year or some other would simplify companies’ efforts to reports. period to improve managements’ initial Under the amended rules, the plan and implement the acceleration of assessments of internal controls and deadline for an accelerated filer to file accountants’ internal control audits.29 its annual report for its fiscal year Robin Gourmet Burgers (‘‘Red Robin’’), Spectrum Four commenters requested that we Organic Products (‘‘Spectrum’’), The Chubb ending on or after December 15, 2004 increase the public float threshold in the Corporation (‘‘Chubb’’), Troutman Sanders will remain at 75 days after fiscal year Rule 12b–2 definition of an ‘‘accelerated (‘‘Troutman’’), Valero Energy Corporation (‘‘VEC’’) end. Similarly, the quarterly report filer.’’ 30 Finally, four commenters and Vineyard National Bancorp (‘‘Vineyard’’). The deadlines for the three subsequently asserted that we should reconsider public comments that we received and a summary filed quarterly reports will remain at 40 of the comments prepared by our staff (the whether further acceleration of the days after quarter end. The current year ‘‘Comment Summary’’) are available for inspection current periodic report filing deadlines in our Public Reference Room at 450 Fifth Street, two deadlines therefore will remain in may have potential adverse NW., Washington, DC 20549 in File No. S7–32–04, place for one additional year, which is consequences on the quality and or may be viewed at http://www.sec.gov/rules/ year three of the phase-in period. The proposed/33–8477.htm. accuracy of information provided to 18 phase-in schedule will resume in year Prior to publishing the proposed amendments, investors.31 we received a letter from James H. Quigley, Chief four, during which an accelerated filer The limited purpose of the Executive Officer of Deloitte & Touche USA to will have to file its annual report within amendments that we are adopting is to Donald Nicolaisen, Chief Accountant for the 60 days after its fiscal year ending on or Commission (Jul. 28, 2004) (‘‘Deloitte1’’) and a address concerns that were raised that after December 15, 2005. The company letter from Deloitte & Touche LLP, Ernst & Young the final step in acceleration of the will then have to file its next three LLP, KPMG LLP, and PricewaterhouseCoopers LLP periodic reports could impede some to Donald T. Nicolaisen, Chief Accountant for the quarterly reports within 35 days after accelerated filers’ initial efforts to Commission (Aug. 3, 2004) (‘‘Four Firms’’). These quarter end. At the end of year four, the two letters and transmittal memorandum are implement the internal control accelerated filing phase-in period will included in File No. S7–32–04. requirements carefully and completely. 19 be complete, with the 60-day and 35- See, for example, letters from AICPA, BR, Eli While we will continue to closely day deadlines remaining in place for Lilly and MBNA. monitor the quality of financial 20 Some commenters confirmed that compliance accelerated filers for all subsequent with the internal control requirements is placing periods. 27 substantial demands on the same personnel and We are also adopting conforming 15 U.S.C. 78n. systems are key to preparing and filing periodic 28 See the letters from ABA, AICPA, AmSouth, reports. See, for example, letters from the ASCS, amendments to Regulation S–X to apply Astoria, BMC, BR, Pfizer and PWC. BMC and FSC. 29 See the letters from ACB, Allen, Becker, Bierce, 21 See, for example, letters from the ABA, Eli Lilly 24 See, for example, letters from ABA, BR and Bilello, FFLC, FFSC, Red Robin and Troutman. and E&Y. NYSBA. 30 See the letters from Becker, BDO, FFSC and 22 See, for example, letters from Astoria, NYSBA, 25 See, for example, letters from BMC, ICU and Spectrum. and PWC. Pfizer. 31 See the letters from BDO, Chubb, Pfizer and 23 See, for example, letters from Astoria, AICPA 26 See, for example, letters from AmSouth, Eli PLC. We considered this issue when the accelerated and E&Y. Lilly and FSC. filing requirements initially were proposed.
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reporting, we remain committed to the companies and their auditors to prepare VI. Consideration of Burden on completion of the final phase-in period meaningful disclosure about their Competition, and Promotion of of the accelerated filing deadlines after internal control reviews in this period of Efficiency, Competition, and Capital the one year postponement. initial compliance with the internal Formation IV. Paperwork Reduction Act control requirements during which we Section 23(a)(2) of the Exchange expect companies and auditors to incur Act 36 requires us, when adopting rules The amendments that we are adopting the highest compliance burdens. postpone the final phase-in of under the Exchange Act, to consider the accelerating filing deadlines of quarterly Many commenters representing impact that any new rule would have on reports on Form 10–Q and annual companies, accounting firms, individual competition. In addition, Section reports on Form 10–K for companies accountants, business associations and 23(a)(2) prohibits us from adopting any that are ‘‘accelerated filers,’’ as defined law firms concurred with our rule that would impose a burden on in Exchange Act Rule 12b–2.32 Our assessment of the benefits of the competition not necessary or amendments to postpone the final proposal. They believed that postponing appropriate in furtherance of the compliance dates will not change the the final phase-in period for purposes of the Exchange Act. information required to be included in acceleration of the filing deadlines of Furthermore, Section 3(f) of the accelerated filers’ annual and quarterly periodic reports will afford accelerated Exchange Act 37 requires us, when reports; they affect only the forms’ due filers and their auditors greater engaging in rulemaking where we are dates. We did not receive any comments opportunity to focus their efforts and required to consider or determine on the Paperwork Reduction Act resources on successfully completing whether an action is necessary or analysis contained in the Proposing their first assessment and appropriate in the public interest, to Release. documentation of internal control over consider, in addition to the protection of investors, whether the action will V. Cost-Benefit Analysis financial reporting with care and accuracy. These commenters concurred promote efficiency, competition, and The amendments that we are adopting with our view that investors will benefit capital formation. We have considered postpone the final phase-in of from the more thoughtful and the amendments in light of standards in accelerated filing deadlines of quarterly meaningful disclosure that companies these provisions. and annual reports filed by ‘‘accelerated will be able to provide if the The amendments will minimize the filers,’’ as defined in Exchange Act Rule postponement is adopted. They also cost and disruption of implementing the accelerated final phase-in period at the 12b–2. Specifically, the annual report thought that adoption of the proposed same time companies and their external deadline will remain at 75 days for postponement strikes an appropriate auditors must comply for the first time annual reports filed for the fiscal year balance between the quality and ending on or after December 15, 2004, with our new internal control over integrity of financial reporting and the and the quarterly report deadline will financial reporting requirements. The market’s need for timely information. remain at 40 days for the three amendments will provide additional subsequently filed quarterly reports. B. Costs time for affected companies and their The accelerated filing phase-in period auditors to conduct a high-quality and will resume for reports filed for fiscal The amendments will result in thorough initial assessment and audit of years ending on or after December 15, investors not having access to the the effectiveness of the companies’ 2005, during which an accelerated filer information included in accelerated internal control over financial reporting. will have to file its annual report within filers’ quarterly and annual reports as This, in turn, will increase the 60 days after year end and file its next quickly as they would have if we reliability and integrity of the three quarterly reports within 35 days. adhered to the original accelerated filing company’s financial reporting to These filing deadlines will then remain phase-in schedule. However, the delay investors. Enhanced investor confidence in place for all annual and quarterly of information will be temporary and leads to increased efficiency and reports filed thereafter. In this section, limited to 15 days with respect to competitiveness of the U.S. capital we examine the benefits and costs of our annual reports and five days with markets. Increased market efficiency amendments. respect to quarterly reports. and investor confidence also should encourage more efficient capital A. Benefits None of the commenters believed that investors would be significantly formation. The amendments will afford an disadvantaged by the proposal. The amendments may have certain accelerated filer’s management an Commenters emphasized that the negative effects. The adopted additional 15 days after the end of the postponement of compliance dates will filer’s fiscal year ending on or after benefits from the postponement substantially outweighed any minor delay the timeliness and accessibility of November 15, 2004 to carefully evaluate Exchange Act reports to investors and the effectiveness of the company’s impact on the delay of information to investors.33 Some of the commenters the financial markets. The delay of internal control over financial reporting information to investors may hinder an thought that the recent Form 8–K and to prepare a report assessing such investor’s ability to make informed requirements,34 which expanded the effectiveness. The amendments also will decisions, and as a result, may impede number of reportable events, should allow the accelerated filer’s market efficiency and delay capital help to provide investors with timely independent auditor additional time to formation. However, the delay will be information regarding any significant prepare its report on the effectiveness of limited to 15 days with respect to events in the interim.35 the filer’s internal control over financial annual reports and five days with reporting in sufficient time for inclusion respect to quarterly reports; these 33 in the company’s annual report. We See, for example, letters from ASCS, Eli Lilly, negative effects are temporary and will expect investors to benefit from the Enterprise, E&Y, and PWC. 34 See Release No. 333–8400 (March 16, 2004) [69 be eliminated once the final phase-in additional time that we are affording FR 48370]. 35 See, for example, letters from ASCS, E&Y, and 36 15 U.S.C. 78w(a)(2). 32 17 CFR 240.12b–2. Pfizer. 37 15 U.S.C. 78c(f).
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period is completed next year. PART 210—FORM AND CONTENT OF (C) 60 days for fiscal years ending on Furthermore, we believe that the AND REQUIREMENTS FOR FINANCIAL or after December 15, 2005; and proposal will not have any additional STATEMENTS, SECURITIES ACT OF (ii) * * * competitive effect between accelerated 1933, SECURITIES EXCHANGE ACT (4) * * * and non-accelerated filers other than the OF 1934, PUBLIC UTILITY HOLDING (i) * * * (B) 75 days for fiscal years ending on incremental costs imposed by COMPANY ACT OF 1935, INVESTMENT or after December 15, 2003 and before accelerated deadlines. COMPANY ACT OF 1940, INVESTMENT ADVISERS ACT OF 1940, AND December 15, 2005; and We did not receive any comment on (C) 60 days for fiscal years ending on ENERGY POLICY AND any anti-competitive effects of the or after December 15, 2005; and CONSERVATION ACT OF 1975 proposal or how the proposal would * * * * * affect efficiency, competition and ■ 1. The authority citation for Part 210 ■ capital formation. Many commenters continues to read as follows: 4. Section 210.3–12 is amended by revising paragraph (g)(1)(i)(B) and (C) concurred that the combination of the Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, and (g)(2)(i)(B) and (C) to read as follows: internal control requirements and 77z–2, 77z–3, 77aa(25), 77aa(26), 78c, 78j–1, further acceleration of the reporting 78l, 78m, 78n, 78o(d), 78q, 78u–5, 78w(a), § 210.3–12 Age of financial statements at deadlines at the same time will 78ll, 78mm, 79e(b), 79j(a), 79n, 79t(a), 80a– effective date of registration statement or at diminish the quality of financial reports 8, 80a–20, 80a–29, 80a–30, 80a–31, 80a– mailing date of proxy statement. 37(a), 80b–3, 80b–11, 7202 and 7262, unless * * * * * available to investors as well as increase otherwise noted. the cost of financial reporting (g)(1) * * * requirements. A few commenters ■ 2. Section 210.3–01 is amended by (i) * * * (B) 130 days for fiscal years ending on believed that a disproportionate number revising paragraphs (e)(1)(ii) and (iii), or after December 15, 2003 and before of accelerated filers rely on Rule 12b–25 (i)(1)(i)(B) and (C), (i)(2)(i)(B) and (C) and (i)(2)(ii) to read as follows: December 15, 2005; and to obtain filing extensions if the (C) 125 days for fiscal years ending on proposal was not adopted, and asserted § 210.3–01 Consolidated balance sheets. or after December 15, 2005; and that such action could raise unnecessary * * * * * (ii) * * * concerns about these filers in the capital (e) * * * (2) * * * 38 (i) * * * markets. (1) * * * (B) 75 days for fiscal years ending on (ii) 130 days for fiscal years ending on VII. Regulatory Flexibility Analysis or after December 15, 2003 and before or after December 15, 2003 and before Certification December 15, 2005; and December 15, 2005; and (C) 60 days for fiscal years ending on Under Section 605(b) of the (iii) 125 days for fiscal years ending or after December 15, 2005; and Regulatory Flexibility Act,39 we on or after December 15, 2005; and * * * * * certified that, when adopted, the * * * * * proposal would not have a significant (i)(1) * * * PART 240—GENERAL RULES AND economic impact on a substantial (i) * * * REGULATIONS, SECURITIES number of small entities. We included (B) 75 days for fiscal years ending on EXCHANGE ACT OF 1934 this certification in Part VII of the or after December 15, 2003 and before Proposing Release. While we solicited December 15, 2005; and ■ 5. The authority citation for part 240 written comment regarding this (C) 60 days for fiscal years ending on continues to read, in part, as follows: certification, none of the commenters or after December 15, 2005; and Authority: 15 U.S.C. 77c, 77d, 77g, 77j, responded to this request. (2) * * * 77s, 77z–2, 77z–3, 77eee, 77ggg, 77nnn, (i) * * * 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, VIII. Statutory Authority and Text of (B) 129 days subsequent to the end of 78j–1, 78k, 78k–1, 78l, 78m, 78n, 78o, 78p, Rule Amendments the registrant’s most recent fiscal year 78q, 78s, 78u–5, 78w, 78x, 78ll, 78mm, 79q, for fiscal years ending on or after 79t, 80a–20, 80a–23, 80a–29, 80a–37, 80b–3, The amendments contained in this December 15, 2003 and before December 80b–4, 80b–11, and 7201 et. seq.; and 18 U.S.C. 1350, unless otherwise noted. document are being adopted under the 15, 2005; and authority set forth in Sections 3(b) and (C) 124 days subsequent to the end of * * * * * 19(a) of the Securities Act and Sections the registrant’s most recent fiscal year ■ 6. Section 240.13a–10 is amended by 13, 15(d) and 23(a) of the Exchange Act. for fiscal years ending on or after revising paragraph (j)(1)(i)(B) and (C) and Text of Rule Amendments December 15, 2005; and (j)(2)(i)(B) and (C) to read as follows: * * * * * List of Subjects in 17 CFR Parts 210, § 240.13a–10 Transition reports. 240 and 249 ■ 3. Section 210.3–09 is amended by * * * * * revising paragraph (b)(3)(i)(B) and (C) (j)(1) * * * Reporting and recordkeeping and (b)(4)(i)(B) and (C) to read as follows: (i) * * * requirements, Securities. (B) 75 days for fiscal years ending on § 210.3–09 Separate financial statements or after December 15, 2003 and before ■ In accordance with the foregoing, Title of subsidiaries not consolidated and 50 percent or less owned persons. December 15, 2005; and 17, Chapter II of the Code of Federal (C) 60 days for fiscal years ending on Regulations is amended as follows. * * * * * or after December 15, 2005; and (b) * * * (ii) * * * (3) * * * (2) * * * (i) * * * (i) * * * 38 See, for example, the letter from the Four (B) 75 days for fiscal years ending on (B) 40 days for fiscal years ending on Firms. or after December 15, 2003 and before or after December 15, 2004 and before 39 5 U.S.C. 605(b). December 15, 2005; and December 15, 2006; and
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(C) 35 days for fiscal years ending on (ii) 40 days after the end of the fiscal (ii) 75 days after the end of the fiscal or after December 15, 2006; and quarter for fiscal years ending on or after year covered by the report for fiscal December 15, 2004 and before December years ending on or after December 15, ■ 7. Section 240.15d–10 is amended by 15, 2006; and 2003 and before December 15, 2005; revising paragraph (j)(1)(i)(B) and (C) and (iii) 35 days after the end of the fiscal (j)(2)(i)(B) and (C) to read as follows: (iii) 60 days after the end of the fiscal quarter for fiscal years ending on or after year covered by the report for fiscal § 240.15d–10 Transition reports. December 15, 2006; and years ending on or after December 15, * * * * * * * * * * 2005; and (j)(1) * * * ■ * * * * * (i) * * * 10. Form 10–Q (referenced in (B) 75 days for fiscal years ending on § 249.308a) is amended by revising ■ 12. Form 10–K (referenced in or after December 15, 2003 and before paragraph a.(ii) and (iii) of General § 249.310) is amended by revising December 15, 2005; and Instruction A.1. to read as follows: paragraph (2)(a)(ii) and (iii) of General (C) 60 days for fiscal years ending on Note: The text of Form 10–Q does not, and Instruction A, to read as follows: or after December 15, 2005; and this amendment will not, appear in the Code Note: The text of Form 10–K does not, and (ii) * * * of Federal Regulations. this amendment will not, appear in the Code (2) * * * of Federal Regulations. (i) * * * Form 10–Q (B) 40 days for fiscal years ending on Form 10–K General Instructions or after December 15, 2004 and before * * * * * December 15, 2006; and A. Rule as to Use of Form 10–Q. (C) 35 days for fiscal years ending on 1. * * * General Instructions or after December 15, 2006; and a. * * * A. Rule as to Use of Form 10–K. * * * * * (ii) 40 days after the end of the fiscal quarter for fiscal years ending on or after (2) * * * PART 249—FORMS, SECURITIES December 15, 2004 and before December (a) * * * EXCHANGE ACT OF 1934 15, 2006; and (ii) 75 days after the end of the fiscal ■ 8. The authority citation for part 249 (iii) 35 days after the end of the fiscal year covered by the report for fiscal continues to read, in part, as follows: quarter for fiscal years ending on or after years ending on or after December 15, December 15, 2006; and 2003 and before December 15, 2005; and Authority: 15 U.S.C. 78a et seq. and 7201 et seq.; and 18 U.S.C. 1350, unless otherwise * * * * * (iii) 60 days after the end of the fiscal year covered by the report for fiscal noted. ■ 11. Section 249.310 is amended by years ending on or after December 15, * * * * * revising paragraph (b)(1)(ii) and (iii) to 2005; and ■ 9. Section 249.308a is amended by read as follows: revising paragraph (a)(1)(ii) and (iii) to * * * * * § 249.310 Form 10–K, for annual and read as follows: Dated: November 17, 2004. transition reports pursuant to sections 13 By the Commission. § 249.308a Form 10–Q, for quarterly and or 15(d) of the Securities Exchange Act of transition reports under sections 13 or 15(d) 1934. Jill M. Peterson, of the Securities Exchange Act of 1934. * * * * * Assistant Secretary. (a) * * * (b) * * * [FR Doc. 04–25938 Filed 11–22–04; 8:45 am] (1) * * * (1) * * * BILLING CODE 8010–01–P
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Reader Aids Federal Register Vol. 69, No. 225 Tuesday, November 23, 2004
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER
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. 4274...... 65517 Presidential Documents 3 CFR 4279...... 64829 Proclamations: Executive orders and proclamations 741–6000 Proposed Rules: The United States Government Manual 741–6000 7838...... 65041 923...... 63958 7839...... 65043 Other Services 1005...... 67670 7840...... 65045 1006...... 67670 Electronic and on-line services (voice) 741–6020 7841...... 65047 1007...... 67670 Privacy Act Compilation 741–6064 7842...... 65049 1260...... 65386 Public Laws Update Service (numbers, dates, etc.) 741–6043 7843...... 65051 1717...... 64689 TTY for the deaf-and-hard-of-hearing 741–6086 7844...... 65511 1782...... 65546 7845...... 65515 1951...... 65546 7846...... 67501 ELECTRONIC RESEARCH 1955...... 65546 World Wide Web Executive Orders: 1956...... 65546 12163 (Amended by 4280...... 65554 Full text of the daily Federal Register, CFR and other publications EO 13361)...... 67633 is located at: http://www.gpoaccess.gov/nara/index.html 12170 (See Notice of 8 CFR November 9, Federal Register information and research tools, including Public 215...... 64477, 65508 2004) ...... 65513 Inspection List, indexes, and links to GPO Access are located at: 235...... 64477, 65508 12938 (See Notice of http://www.archives.gov/federallregister/ 252...... 64477, 65508 November 4, E-mail 2004) ...... 64637 9 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13067 (See Notice of an open e-mail service that provides subscribers with a digital November 1, 71...... 64644 form of the Federal Register Table of Contents. The digital form 2004) ...... 63915 77...... 64644 of the Federal Register Table of Contents includes HTML and 13094 (See Notice of 78 ...... 64245, 64644, 67501 PDF links to the full text of each document. November 4, 79...... 64644 80...... 64644 To join or leave, go to http://listserv.access.gpo.gov and select 2004) ...... 64637 13361...... 67633 85...... 64644 Online mailing list archives, FEDREGTOC-L, Join or leave the list 93...... 64644 (or change settings); then follow the instructions. Administrative Orders: Notices: PENS (Public Law Electronic Notification Service) is an e-mail 10 CFR Notice of November 1, service that notifies subscribers of recently enacted laws. 2004 ...... 63915 50...... 68808 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Notice of November 4, 74...... 64249 and select Join or leave the list (or change settings); then follow 2004 ...... 64637 431...... 63574 the instructions. Notice of November 9, Proposed Rules: FEDREGTOC-L and PENS are mailing lists only. We cannot 2004 ...... 65513 2...... 67070 respond to specific inquiries. Presidential 30...... 67070 Determinations: 40...... 67070 Reference questions. Send questions and comments about the 50...... 67070 Federal Register system to: [email protected] No. 2005-05 of October 20, 2004 ...... 63917 52...... 67070 The Federal Register staff cannot interpret specific documents or No. 2005-06 of 63...... 67070 regulations. October 22, 2004 ...... 64475 70...... 67070 72...... 67070 5 CFR 73...... 64690, 67070 FEDERAL REGISTER PAGES AND DATE, NOVEMBER 2641...... 68053 76...... 67070 63317–63438...... 1 Proposed Rules: 150...... 67070 63439–63916...... 2 307...... 64503 430...... 67680 63917–64244...... 3 7 CFR 11 CFR 64245–64474...... 4 100...... 68056 64475–64636...... 5 Ch. XXX...... 64477 102...... 63919, 68056 64637–64828...... 8 27–52...... 65053 301...... 64639, 67041 104...... 68056 64829–65052...... 9 319...... 65053 106...... 63919, 68056 65053–65366...... 10 905...... 64641 109...... 63919 65367–65514...... 12 1580...... 63317 65515–67040...... 15 1775...... 65517 12 CFR 67041–67262...... 16 1776...... 67263 5...... 64478 67263–67500...... 17 1777...... 65517 19...... 65067 67501–67632...... 18 1778...... 65517 201...... 67635 67633–67804...... 19 1780...... 65517 327...... 68068 67805–68052...... 22 1942...... 65517 509...... 64249 68053–68236...... 23 1955...... 65520 Proposed Rules: 3570...... 65517 615...... 67070
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617...... 67074 Proposed Rules: 57...... 67681 302-6...... 68111 1...... 64873 58...... 67681 302-7...... 68111 13 CFR 228...... 67392 70...... 67681 302-9...... 68111 105...... 63921 229...... 67392 71...... 67681 302-11...... 68111 230...... 67392 72...... 67681 302-15...... 68111 14 CFR 239...... 67392 75...... 67681 23...... 67636 240...... 67392 90...... 67681 42 CFR 25...... 64651, 67492 243...... 67392 33 CFR 39 ...... 63439, 63440, 63442, 270...... 64816 403...... 66236 63443, 64251, 64253, 64255, 274...... 67392 117 ...... 63574, 64494, 64860, 405...... 66236 65369, 65371, 67055, 67056, 410...... 66236 64482, 64653, 64832, 64835, 18 CFR 64836, 64839, 64842, 64846, 68079 411...... 66236 64847, 64849, 64850, 64852, 375...... 64659 165...... 65373 412...... 66922 64854, 64856, 64858, 65520, Proposed Rules: 402...... 64258 413...... 66922 65522, 65523, 65528, 65531, 157...... 68106 403...... 64258 414...... 66236 65533, 65535, 67043, 67045, Proposed Rules: 418...... 66236 19 CFR 67047, 67050, 67805, 67807, Ch. I...... 63979, 65555 419...... 65682 67809 10...... 63445 110 ...... 64546, 64549, 64551 424...... 66236 71 ...... 64656, 65069, 65367, 178...... 63445 117 ...... 64553, 64875, 67294 484...... 66236 65368, 67052, 67215, 67638, Proposed Rules: 165...... 64555 486...... 66236 67811, 68074 206...... 64541 73...... 68075 207...... 64541 36 CFR 43 CFR 97...... 63318, 65538 7...... 65348 Proposed Rules: 20 CFR 121...... 67492 Proposed Rules: 2530...... 67880 Proposed Rules: 404...... 67018 7...... 65556 44 CFR 23...... 67860 655...... 68222 1228...... 67692 39 ...... 63336, 63960, 63962, Proposed Rules: 1234...... 63980 64...... 63456 63963, 63965, 63968, 64260, 404...... 64702, 67039 Proposed Rules: 64262, 64263, 64504, 64506, 37 CFR 67...... 63338 21 CFR 64510, 64513, 64515, 64517, 2...... 63320 64520, 64523, 64525, 64530, 180...... 65540 7...... 63320 45 CFR 64534, 64537, 64539, 64692, 522...... 67817, 67818 Proposed Rules: 64695, 64869, 64871, 65059, 558...... 67263 39 CFR 98...... 64881 65097, 65099, 65101, 65103, Proposed Rules: 20...... 63946 65105, 65388, 65391, 67864, 101...... 67513 111...... 63452 46 CFR 67867, 67869 341...... 63482 501...... 67508 10...... 68089 61...... 67258 890...... 64266 Proposed Rules: 12...... 68089 71 ...... 63970, 63972, 63973, 28...... 68089 22 CFR 111...... 64877 63974, 63975, 63976, 63978, 3001...... 65563, 67514 30...... 68089 65107, 68104, 68105 51...... 67053 501...... 64398 382...... 64364 171...... 63934 40 CFR 535...... 64398 Proposed Rules: 15 CFR 24 CFR 52 ...... 63321, 63324, 63947, 64259, 64661, 64860, 65069, 531...... 63981 740 ...... 64483, 64490, 64657 5...... 65024 65375, 65378, 67058, 67060, 744 ...... 64657, 65368, 65539 81...... 63580 67062, 67645, 67819, 68080 47 CFR 748...... 64483 92...... 68850 63...... 63452 1...... 65544 750...... 68076 Proposed Rules: 81...... 64133, 64860 2...... 67823, 67853 774...... 64483, 64490 5...... 68218 131...... 67218 13...... 64664 Proposed Rules: 81...... 63576 180 ...... 63950, 63954, 65073, 22...... 67823, 67853 700...... 67872 203...... 65324 65081 24...... 67823, 67853 732...... 65555 239...... 65381 73 ...... 63458, 64681, 64682, 26 CFR 736...... 65555 258...... 65381 65381, 65382, 65545, 67265, 740...... 65555 1...... 68077 268...... 67647 67266 744...... 65555 31...... 67054 271...... 64861 74...... 67823, 67853 752...... 65555 Proposed Rules: Proposed Rules: 78...... 67823, 67853 764...... 65555 1 ...... 64546, 65108, 65555, 52 ...... 63981, 64703, 65117, 80...... 64664 772...... 65555 67075, 67681, 67873, 68110 65393, 65394, 67100, 67694, 90...... 67823, 67853 31...... 67075 67880 Proposed Rules: 16 CFR 63...... 63489 2...... 65570, 67880 27 CFR 603...... 63922 136...... 64704, 64707 22...... 67880 613...... 63922 24...... 67639 194...... 64558 24...... 67880 614...... 63922 268...... 67695 27...... 63459 28 CFR Proposed Rules: 271...... 64880 64...... 65401 Ch. I ...... 64698 0...... 65542 720...... 65565 73 ...... 65118, 65119, 65120, 310...... 67287 67296, 67297, 67882 29 CFR 41 CFR 74...... 67880 17 CFR 4022...... 65543 Proposed Rules: 78...... 67880 37...... 67811 4044...... 65543 51-2...... 65395 80...... 65570 38...... 67811 Proposed Rules: 51-3...... 65395 90...... 67880 40...... 67503 458...... 64226 51-4...... 65395 41...... 67503 300-3...... 68111 48 CFR 145...... 67503 30 CFR 302-2...... 68111 201...... 63326 210...... 68232 18...... 68078 302-3...... 68111 202...... 63326 240...... 68232 Proposed Rules: 302-4...... 68111 204...... 63327 249...... 67053, 68232 56...... 67681 302-5...... 68111 205...... 63327
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208...... 63327, 62328 2...... 63436 49 CFR 1522...... 65332 209...... 65088 5...... 63436 40...... 64865 1540...... 65258 210...... 63328 7...... 63436 171...... 64462 1542...... 65258 211...... 67854 23...... 65330 172...... 64462 1544...... 65258 212 ...... 63329, 62330, 65089 52...... 65330 173...... 64462 1546...... 65258 214...... 65089 204...... 65121 222...... 67858 1548...... 65258 217...... 67855 208...... 65121 229...... 67858 219...... 63328, 67855 209...... 65121 501...... 63957 224...... 67856 212...... 65121 50 CFR 541...... 63957 226...... 63327 213...... 65121 300 ...... 65382, 67267, 67268 227...... 67856 215...... 65121 571 ...... 64495, 67068, 67654, 67660, 67663 622...... 65092 228...... 65090 217...... 65121 635 ...... 67268, 68090, 68094 231...... 63331 574...... 64500 219...... 65121 648 ...... 63460, 67284, 67780 235 ...... 63327, 65091, 67857 Proposed Rules: 222...... 65121 660 ...... 63332, 62333, 64501, 251...... 67858 223...... 65121 171...... 65294 65093, 67285, 67508, 67509, 252 ...... 63327, 62328, 65088, 225...... 65121 172...... 65294 67510 65091, 67856, 67858 227...... 65121 173...... 65294 679 ...... 64683, 67668, 68095 1804...... 63458 233...... 65121 175...... 65294 1815...... 63458 235...... 65121 229...... 63890 Proposed Rules: 1816...... 63458 236...... 65121 238...... 63890 17 ...... 64710, 64884, 64889 1817...... 63458 237...... 65121 379...... 63997 223...... 65127, 68215 1823...... 63458 239 ...... 67883, 67884, 67885 381...... 63997 229...... 65127, 68215 1837...... 63458 242...... 65121 385...... 63997 600...... 67100 1852...... 63458 247...... 65121 390...... 63997 622 ...... 67104, 67106, 68119 Proposed Rules: 252...... 65121, 67885 395...... 63997 648 ...... 63341, 63498, 67528 Ch. 2 ...... 65121 253...... 65121 571...... 65126 679...... 67107
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REMINDERS Nonimmigrant workers (H- COURT SERVICES AND Iowa; comments due by 12- The items in this list were 1B); Labor condition OFFENDER SUPERVISION 3-04; published 11-3-04 editorially compiled as an aid applications and AGENCY FOR THE [FR 04-24531] to Federal Register users. requirments; published 11- DISTRICT OF COLUMBIA Texas; comments due by Inclusion or exclusion from 23-04 Semi-annual agenda; Open for 11-29-04; published 10- this list has no legal TRANSPORTATION comments until further 29-04 [FR 04-24127] significance. DEPARTMENT notice; published 12-22-03 Environmental statements; Federal Aviation [FR 03-25121] availability, etc.: DEFENSE DEPARTMENT RULES GOING INTO Administration Coastal nonpoint pollution control program— EFFECT NOVEMBER 23, Airworthiness directives: Federal Acquisition Regulation (FAR): 2004 Rolls-Royce plc; published Minnesota and Texas; 11-8-04 Accounting for unallowable Open for comments costs; comments due by until further notice; AGRICULTURE 11-29-04; published 9-28- published 10-16-03 [FR DEPARTMENT COMMENTS DUE NEXT 04 [FR 04-21640] 03-26087] Agricultural Marketing WEEK EDUCATION DEPARTMENT Pesticides; tolerances in food, Service Civil rights: animal feeds, and raw Egg Products Inspection Act: AGRICULTURE agricultural commodities: Technical amendments; Boy Scouts of America DEPARTMENT Allethrin, etc.; comments published 9-24-04 Equal Acess Act; Agricultural Marketing implementation; comments due by 11-29-04; GOVERNMENT ETHICS Service due by 12-3-04; published published 9-29-04 [FR 04- OFFICE Cotton classing, testing and 10-19-04 [FR 04-23290] 21695] Government ethics: standards: ENERGY DEPARTMENT Bacillus thuringiensis var. Post-employment conflict of Classification services to aizawai strain PS811 interest restrictions; Meetings: growers; 2004 user fees; (Cry1F insecticidal departmental component Environmental Management Open for comments until protein); comments due designations revision; Site-Specific Advisory further notice; published by 11-29-04; published 9- published 11-23-04 Board— 5-28-04 [FR 04-12138] 30-04 [FR 04-21877] HEALTH AND HUMAN Oak Ridge Reservation, COMMERCE DEPARTMENT Carfentrazone-ethyl; SERVICES DEPARTMENT TN; Open for comments comments due by 11-29- Centers for Medicare & National Oceanic and until further notice; 04; published 9-29-04 [FR Medicaid Services Atmospheric Administration published 11-19-04 [FR 04-21586] 04-25693] Medicare: Fishery conservation and Citrate Esters; comments Entitlement continuation management: ENERGY DEPARTMENT due by 11-29-04; when disability benefit Caribbean, Gulf, and South Energy Efficiency and published 9-29-04 [FR 04- entitlement ends because Atlantic fisheries— Renewable Energy Office 21587] of substanial gainful Puerto Rico and US Commercial and industrial Cyazofamid; comments due activity; published 9-24-04 Virgin Islands reef fish; equipment; energy efficiency by 11-29-04; published 9- HOMELAND SECURITY comments due by 12-1- program: 30-04 [FR 04-21931] DEPARTMENT 04; published 11-16-04 Test procedures and Dichlormid; comments due Coast Guard [FR 04-25430] efficiency standards— by 11-29-04; published 9- Shipping and transportation; Northeastern United States Commercial packaged 30-04 [FR 04-21930] technical, organizational, fisheries— boilers; Open for Fenamidone; comments due and conforming Atlantic sea scallop comments until further by 11-29-04; published 9- amendments; correction; fishery; comments due notice; published 10-21- 29-04 [FR 04-21694] published 11-23-04 by 12-1-04; published 04 [FR 04-17730] Fludioxonil; comments due LABOR DEPARTMENT 11-1-04 [FR 04-24344] ENERGY DEPARTMENT by 11-29-04; published 9- Employment and Training West Coast States and Federal Energy Regulatory 29-04 [FR 04-21803] Administration Western Pacific Commission Forchlorfenuron; comments Alien temporary employment fisheries— Electric rate and corporate due by 11-29-04; labor certification process: West Coast salmon; regulation filings: published 9-30-04 [FR 04- Nonimmigrant workers (H- comments due by 12-3- Virginia Electric & Power 21932] 1B); Labor condition 04; published 11-18-04 Co. et al.; Open for Mesotrione; comments due applications and [FR 04-25642] comments until further by 11-29-04; published 9- requirments; published 11- International fisheries notice; published 10-1-03 30-04 [FR 04-21934] 23-04 regulations: [FR 03-24818] Methoxyfenozide; comments LABOR DEPARTMENT Fraser River sockeye and ENVIRONMENTAL due by 11-29-04; Mine Safety and Health pink salmon; inseason PROTECTION AGENCY published 9-29-04 [FR 04- Administration orders; comments due by Air programs; approval and 21804] Coal mine safety and health: 12-2-04; published 11-17- promulgation; State plans Octanal; comments due by Underground mines— 04 [FR 04-25524] for designated facilities and 11-29-04; published 9-30- Electric motor-driven mine Marine mammals: pollutants: 04 [FR 04-21937] equipment and Incidental taking— Virginia; comments due by Sodium thiosulfate; accessories and high- Dolphin and tuna 11-29-04; published 10- comments due by 11-29- voltage longwall conservation; tuna 29-04 [FR 04-24240] 04; published 9-30-04 [FR equipment standards; purse seine vessels in Air quality implementation 04-21933] correction; published Eastern Tropical Pacific plans; approval and Superfund program: 11-23-04 Ocean; classification promulgation; various Landowner liability LABOR DEPARTMENT and permit application States: protection; standards for Wage and Hour Division changes; comments due Indiana; comments due by conducting appropriate Alien temporary employment by 11-29-04; published 11-29-04; published 10- inquiries into previous labor certification process: 10-29-04 [FR 04-24008] 29-04 [FR 04-24238] ownership, uses; and
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environmental conditions microbiological effects on NATIONAL AERONAUTICS TRANSPORTATION of property; comments bacteria of human health AND SPACE DEPARTMENT due by 11-30-04; concern; Open for ADMINISTRATION Federal Aviation published 9-17-04 [FR 04- comments until further Federal Acquisition Regulation Administration 20972] notice; published 10-27-03 (FAR): Airworthiness directives: [FR 03-27113] Water pollution; effluent Accounting for unallowable Airbus; comments due by guidelines for point source Medical devices— costs; comments due by 11-29-04; published 9-30- categories: Dental noble metal alloys 11-29-04; published 9-28- 04 [FR 04-21650] and base metal alloys; Meat and poultry products 04 [FR 04-21640] Boeing; Open for comments Class II special processing facilities; Open NATIONAL ARCHIVES AND until further notice; controls; Open for for comments until further RECORDS ADMINISTRATION published 8-16-04 [FR 04- notice; published 9-8-04 comments until further Presidential records: 18641] [FR 04-12017] notice; published 8-23- 04 [FR 04-19179] Denial of access; appeals Bombardier; comments due FEDERAL extension; comments due by 12-3-04; published 11- HOMELAND SECURITY COMMUNICATIONS by 11-30-04; published 3-04 [FR 04-24543] DEPARTMENT COMMISSION 10-1-04 [FR 04-22051] Eagle Aircraft; comments Coast Guard Radio services, special: due by 11-29-04; Anchorage regulations: NUCLEAR REGULATORY Fixed microwave services— COMMISSION published 10-22-04 [FR 37.0-38.6 GHz and 38.6- Maryland; Open for 04-23623] comments until further Environmental statements; 40.0 GHz bands; availability, etc.: Pilatus Aircraft Ltd.; competitive bidding; notice; published 1-14-04 comments due by 12-3- [FR 04-00749] Fort Wayne State comments due by 12-3- Developmental Center; 04; published 11-1-04 [FR 04; published 10-4-04 HOMELAND SECURITY 04-24323] DEPARTMENT Open for comments until [FR 04-22194] further notice; published Pratt & Whitney; comments United States Visitor and Private land mobile 5-10-04 [FR 04-10516] due by 11-29-04; Immigrant Status Indicator services— Nuclear equipment and published 9-29-04 [FR 04- 800 MHz band; public Technology Program (US- 21812] VISIT): material; export and import: safety interference Security policies; high-risk Pratt & Whitney Canada; proceeding; ex parte Biometric data collection comments due by 11-30- from additional travelers; radioactive material presentations, etc.; license requirements; 04; published 10-1-04 [FR comments due by 12-2- expansion to 50 most 04-21913] highly trafficked land comments due by 11-30- 04; published 11-22-04 Rolls-Royce Deutschland; border ports of entry; 04; published 9-16-04 [FR [FR 04-25261] comments due by 12-3- comments due by 12-1- 04-20855] Radio stations; table of 04; published 10-4-04 [FR 04; published 11-5-04 [FR PERSONNEL MANAGEMENT assignments: 04-22192] 04-24811] OFFICE Louisiana; comments due by Class E airspace; comments Acquisition regulations: 11-29-04; published 10- HOMELAND SECURITY due by 11-30-04; published 20-04 [FR 04-23458] DEPARTMENT Federal Employees Group 10-26-04 [FR 04-23868] Transportation Security Life Insurance— Louisiana; correction; TRANSPORTATION Administration comments due by 11-29- Administrative policy, DEPARTMENT Hazardous materials drivers; practices, and clarifying 04; published 11-10-04 Federal Motor Carrier Safety [FR 04-25064] security threat assessments; language changes; fees; comments due by 12- comments due by 12-3- Administration Various States; comments 1-04; published 11-10-04 04; published 10-4-04 Motor carrier safety standards: due by 11-29-04; [FR 04-25122] [FR 04-21922] Drivers’ hours of service— published 10-20-04 [FR 04-23457] INTERIOR DEPARTMENT SMALL BUSINESS Compliance requirements; Fish and Wildlife Service ADMINISTRATION electronic on-board GENERAL SERVICES Endangered and threatened Disaster loan areas: recorders use; ADMINISTRATION comments due by 11- species permit applications Maine; Open for comments Federal Acquisition Regulation 30-04; published 9-1-04 Recovery plans— until further notice; (FAR): [FR 04-19907] published 2-17-04 [FR 04- Accounting for unallowable Paiute cutthroat trout; Open for comments 03374] TREASURY DEPARTMENT costs; comments due by Internal Revenue Service 11-29-04; published 9-28- until further notice; Standards of conduct and 04 [FR 04-21640] published 9-10-04 [FR employee restrictions and Estate and gift taxes: 04-20517] responsibilities; comments Generation-skipping transfer HEALTH AND HUMAN Endangered and threatened due by 12-3-04; published tax; predeceased parent SERVICES DEPARTMENT species: 11-3-04 [FR 04-24498] rule; public hearing; Food and Drug Critical habitat OFFICE OF UNITED STATES comments due by 12-2- Administration designations— TRADE REPRESENTATIVE 04; published 9-3-04 [FR Human drugs: Sacramento Mountains Trade Representative, Office 04-20165] Labeling of drug products checkerspot butterfly; of United States VETERANS AFFAIRS (OTC)— comments due by 11- Generalized System of DEPARTMENT Standardized format; 29-04; published 11-8- Preferences: Adjudication; pensions, 04 [FR 04-24869] implementation date 2003 Annual Product compensation, dependency, delay; comments due MERIT SYSTEMS Review, 2002 Annual etc.: by 12-2-04; published PROTECTION BOARD Country Practices Review, Accrued benefits; death 9-3-04 [FR 04-18842] Practice and procedure: and previously deferred compensation and special Reports and guidance Electronic filing; product decisions; rules applicable upon documents; availability, etc.: implementation; comments petitions disposition; Open beneficiary’s death; Evaluating safety of due by 11-29-04; for comments until further comments due by 11-30- antimicrobial new animal published 9-27-04 [FR 04- notice; published 7-6-04 04; published 10-1-04 [FR drugs with regard to their 21589] [FR 04-15361] 04-21541]
VerDate jul 14 2003 17:30 Nov 22, 2004 Jkt 205001 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\23NOCU.LOC 23NOCU vi Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Reader Aids
located at 1115 South Clinton located at 411 Midway (Oct. 30, 2004; 118 Stat. Avenue in Dunn, North Avenue in Mascotte, Florida, 2303) LIST OF PUBLIC LAWS Carolina, as the ‘‘General as the ‘‘Specialist Eric William Carey Lee Post Office Ramirez Post Office’’. (Oct. S. 129/P.L. 108–411 This is a continuing list of Building’’. (Oct. 30, 2004; 118 30, 2004; 118 Stat. 2257) public bills from the current Federal Workforce Flexibility Stat. 2249) H.R. 5039/P.L. 108–403 session of Congress which Act of 2004 (Oct. 30, 2004; have become Federal laws. It H.R. 4579/P.L. 108–396 To designate the facility of the 118 Stat. 2305) may be used in conjunction Truman Farm Home United States Postal Service with ‘‘PLUS’’ (Public Laws Expansion Act (Oct. 30, 2004; located at United States Route S. 144/P.L. 108–412 Update Service) on 202–741– 118 Stat. 2250) 1 in Ridgeway, North Carolina, as the ‘‘Eva Holtzman Post To require the Secretary of 6043. This list is also H.R. 4618/P.L. 108–397 Office’’. (Oct. 30, 2004; 118 Agriculture to establish a available online at http:// To designate the facility of the Stat. 2258) program to provide assistance www.archives.gov/ United States Postal Service H.R. 5051/P.L. 108–404 to eligible weed management federal—register/public—laws/ located at 10 West Prospect To designate the facility of the entities to control or eradicate public—laws.html. Street in Nanuet, New York, noxious weeds on public and as the ‘‘Anthony I. Lombardi United States Postal Service The text of laws is not located at 1001 Williams private land. (Oct. 30, 2004; Memorial Post Office published in the Federal Street in Ignacio, Colorado, as 118 Stat. 2320) Building’’. (Oct. 30, 2004; 118 Register but may be ordered the ‘‘Leonard C. Burch Post Stat. 2251) in ‘‘slip law’’ (individual Office Building’’. (Oct. 30, S. 643/P.L. 108–413 pamphlet) form from the H.R. 4632/P.L. 108–398 2004; 118 Stat. 2259) Hibben Center Act (Oct. 30, Superintendent of Documents, To designate the facility of the H.R. 5107/P.L. 108–405 U.S. Government Printing 2004; 118 Stat. 2325) United States Postal Service Justice for All Act of 2004 Office, Washington, DC 20402 located at 19504 Linden (Oct. 30, 2004; 118 Stat. S. 1194/P.L. 108–414 (phone, 202–512–1808). The Boulevard in St. Albans, New 2260) text will also be made York, as the ‘‘Archie Spigner H.R. 5131/P.L. 108–406 Mentally Ill Offender Treatment available on the Internet from Post Office Building’’. (Oct. 30, Special Olympics Sport and and Crime Reduction Act of GPO Access at http:// 2004; 118 Stat. 2252) 2004 (Oct. 30, 2004; 118 Stat. www.gpoaccess.gov/plaws/ Empowerment Act of 2004 H.R. 4731/P.L. 108–399 (Oct. 30, 2004; 118 Stat. 2327) index.html. Some laws may To amend the Federal Water not yet be available. 2294) Last List November 8, 2004 Pollution Control Act to H.R. 5133/P.L. 108–407 reauthorize the National H.R. 4381/P.L. 108–392 To designate the facility of the Estuary Program. (Oct. 30, To designate the facility of the United States Postal Service United States Postal Service 2004; 118 Stat. 2253) located at 11110 Sunset Hills Public Laws Electronic located at 2811 Springdale H.R. 4827/P.L. 108–400 Road in Reston, Virginia, as Avenue in Springdale, To amend the Colorado the ‘‘Martha Pennino Post Notification Service Arkansas, as the ‘‘Harvey and Canyons National Office Building’’. (Oct. 30, (PENS) Bernice Jones Post Office Conservation Area and Black 2004; 118 Stat. 2297) Building’’. (Oct. 30, 2004; 118 Ridge Canyons Wilderness H.R. 5147/P.L. 108–408 Stat. 2245) Act of 2000 to rename the To designate the facility of the PENS is a free electronic mail Colorado Canyons National H.R. 4471/P.L. 108–393 United States Postal Service notification service of newly Conservation Area as the Homeownership Opportunities located at 23055 Sherman enacted public laws. To McInnis Canyons National for Native Americans Act of Way in West Hills, California, subscribe, go to http:// Conservation Area. (Oct. 30, 2004 (Oct. 30, 2004; 118 Stat. as the ‘‘Evan Asa Ashcraft listserv.gsa.gov/archives/ 2004; 118 Stat. 2254) 2246) Post Office Building’’. (Oct. 30, publaws-l.html H.R. 4481/P.L. 108–394 H.R. 4917/P.L. 108–401 2004; 118 Stat. 2298) Wilson’s Creek National Federal Regulatory H.R. 5186/P.L. 108–409 Note: This service is strictly Battlefield Boundary Improvement Act of 2004 Taxpayer-Teacher Protection for E-mail notification of new Adjustment Act of 2004 (Oct. (Oct. 30, 2004; 118 Stat. Act of 2004 (Oct. 30, 2004; laws. The text of laws is not 30, 2004; 118 Stat. 2247) 2255) 118 Stat. 2299) available through this service. H.R. 4556/P.L. 108–395 H.R. 5027/P.L. 108–402 H.R. 5294/P.L. 108–410 PENS cannot respond to To designate the facility of the To designate the facility of the John F. Kennedy Center specific inquiries sent to this United States Postal Service United States Postal Service Reauthorization Act of 2004 address.
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