9–3–04 Friday Vol. 69 No. 171 Sept. 3, 2004

Pages 53791–53998

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i II Federal Register / Vol. 69, No. 171 / Friday, September 3, 2004

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Contents Federal Register Vol. 69, No. 171

Friday, September 3, 2004

Agricultural Marketing Service Education Department RULES NOTICES Nectarines and peaches grown in— Agency information collection activities; proposals, California, 53791–53794 submissions, and approvals, 53901 Grants and cooperative agreements; availability, etc.: Agriculture Department Postsecondary education— See Agricultural Marketing Service Student Support Services Program, 53901–53902 See Commodity Credit Corporation Technological Innovation and Cooperation for Foreign See Food and Nutrition Service Information Access Program, 53902–53905 See Natural Resources Conservation Service Meetings: Foreign Medical Education and Accreditation National Army Department Committee; correction, 53905 NOTICES Patent licenses; non-exclusive, exclusive, or partially Election Assistance Commission exclusive: NOTICES Portable thermocycler, 53901 Meetings; Sunshine Act, 53905

Blind or Severely Disabled, Committee for Purchase From Employment Standards Administration People Who Are NOTICES See Committee for Purchase From People Who Are Blind Minimum wages for Federal and federally-assisted or Severely Disabled construction; general wage determination decisions, 53947–53949 Centers for Medicare & Medicaid Services NOTICES Energy Department Agency information collection activities; proposals, See Federal Energy Regulatory Commission submissions, and approvals, 53924–53925 Environmental Protection Agency Coast Guard RULES RULES Air pollutants, hazardous; national emission standards: Drawbridge operations: Secondary aluminum production, 53979–53986 Florida, 53805–53807 Air quality implementation plans; approval and Vessel documentation and measurement: promulgation; various States: Lease financing for coastwise trade, 53838 California; correction, 53835 PROPOSED RULES NOTICES Meetings: Air pollutants, hazardous; national emission standards: Towing Safety Advisory Committee, 53932–53933 Secondary aluminum production, 53986–53988 Pesticide programs: Pesticides use under emergency conditions; emergency Commerce Department exemption process; revisions, 53866–53879 See Foreign-Trade Zones Board NOTICES See International Trade Administration Environmental statements; availability, etc.: See National Oceanic and Atmospheric Administration Agency statements— See Patent and Trademark Office Comment availability, 53914–53915 Weekly receipts, 53915–53916 Committee for Purchase From People Who Are Blind or Meetings: Severely Disabled Acute Exposure Guideline Levels for Hazardous NOTICES Substances National Advisory Committee, 53916– Procurement list; additions and deletions, 53883–53885 53917

Commodity Credit Corporation Federal Aviation Administration NOTICES RULES Grants and cooperative agreements; availability, etc.: Airworthiness directives: New Mexico Tebuthiuron Program, 53880–53882 McDonnell Douglas, 53794–53795 Class D and E airspace; correction, 53976 Defense Department Restricted areas, 53795–53798 See Army Department Standard instrument approach procedures, 53798–53800 NOTICES PROPOSED RULES Meetings: Airworthiness directives: Science Advisory Board, 53895 Boeing, 53848–53853, 53855–53860 Travel per diem rates, civilian personnel; changes, 53895– McDonnell Douglas, 53853–53855 53900 Saab, 53846–53848

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Airworthiness standards: Food and Drug Administration Special conditions— RULES Airbus model A330, A340-200, and A340-300 series Human drugs: airplanes, 53841–53846 Labeling of drug products (OTC)— Colored Federal airways, 53860–53861 Standardized format; implementation date delay, VOR Federal airways; withdrawn, 53861–53862 53801–53804 NOTICES NOTICES Aeronautical land-use assurance; waivers: Animal drugs, feeds, and related products: Fort Wayne International Airport, IN, 53972–53973 Ivermectin and praziquantel oral paste, 53925 Reports and guidance documents; availability, etc.: Meetings: Endurance test; policy statement, 53973 Vaccines and Related Biological Products Advisory Committee, 53925–53926 Federal Communications Commission RULES Food and Nutrition Service Television broadcasting: NOTICES Cable Television Consumer Protection and Competition Food distribution programs: Act— Emergency Food Assistance Program; commodities Direct broadcast satellite public interest obligations, availability, 53882–53883 53838–53839 NOTICES Foreign-Trade Zones Board Common carrier services: NOTICES Federal-State Joint Board on Universal Services— Applications, hearings, determinations, etc.: Rural high-cost universal service support, 53917–53923 Alabama Bender Shipbuilding and Repair Co.; shipbuilding and Federal Emergency Management Agency repair activity, 53885 RULES California Flood insurance; communities eligible for sale: Galloway Golf Co; golf club manufacturing and Minnesota, 53835–53838 warehousing facilities, 53885–53886 NOTICES New York Disaster and emergency areas: Festo Corp.; pneumatic industrial automation Florida, 53933 components manufacturing facilities, 53886 Nevada, 53933–53934 Puerto Rico, 53886–53887 Northern Mariana Islands, 53934–53935 Texas, 53887 Pennsylvania, 53935 Health and Human Services Department Federal Energy Regulatory Commission See Centers for Medicare & Medicaid Services RULES See Food and Drug Administration Oil pipeline companies (Interstate Commerce Act): See Health Resources and Services Administration Oil pipeline rate methodologies and procedures; oil See National Institutes of Health pipeline rate index, 53800–53801 See Substance Abuse and Mental Health Services NOTICES Administration Electric rate and corporate regulation filings, 53910–53912 NOTICES Hydroelectric applications, 53912 Agency information collection activities; proposals, Meetings: submissions, and approvals, 53923 American Wind Energy Association; technical Meetings: conference, 53912–53913 Medicare Trustee Reports Technical Advisory Panel, North American Electric Reliability Council; reliability 53924 readiness reviews; technical conference, 53913 Pacific Gas & Electric Co.; technical conference, 53913– Health Resources and Services Administration 53914 NOTICES Off-the-record communications, 53914 Reports and guidance documents; availability, etc.: Applications, hearings, determinations, etc.: Federal Tort Claims Act coverage of free clinic volunteer Algonquin Gas Transmission, LLC, et al., 53905–53906 health care professionals, 53926 American Transmission Co., LLC, et al., 53906–53907 ANR Pipeline Co., 53907 Homeland Security Department Central Iowa Power Cooperative et al., 53907–53908 See Coast Guard Columbia Gas Transmission Corp., et al., 53908 See Federal Emergency Management Agency Green Mountain Power Corp., 53908 See Immigration and Customs Enforcement Bureau Gulfstream Natural Gas System, L.L.C., 53909 MidAmerican Energy Co., 53909–53910 Housing and Urban Development Department Natural Gas Pipeline Co. of America, 53910 RULES Northern Natural Gas Co., 53910 Debarment and suspension (nonprocurement) and drug-free workplace (grants): Fish and Wildlife Service Governmentwide requirements— RULES Ultimate beneficiaries definition, 53977–53978 Migratory bird hunting: NOTICES Federal Indian reservations, off-reservation trust lands, Agency information collection activities; proposals, and ceded lands, 53989–53998 submissions, and approvals, 53936–53938

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Grants and cooperative agreements; availability, etc.: Environmental statements; notice of intent: Homeless assistance; excess and surplus Federal Adams County et al., ID; Cottonwood Resource property, 53938 Management Plan, 53940–53941 Environmental statements; record of decision: Immigration and Customs Enforcement Bureau Black Rock Desert-High Rock Canyon Emigrant Trails NOTICES National Conservation Area, NV, 53941 Agency information collection activities; proposals, Resource management plans, etc.: submissions, and approvals, 53935–53936 Coeur d’ Alene Field Office planning area, ID, 53941– 53942 Interior Department See Fish and Wildlife Service Legal Services Corporation See Land Management Bureau NOTICES See National Park Service Meetings; Sunshine Act, 53949–53951

Internal Revenue Service National Institutes of Health RULES NOTICES Income taxes: Meetings: Partnership transactions involving long-term contracts; National Cancer Institute, 53926–53927 accounting method National Center for Minority Health and Health Correction, 53804 Disparities, 53927 PROPOSED RULES National Heart, Lung, and Blood Institute, 53927–53928 Estate and gift taxes: National Institute of Child Health and Human Generation-skipping transfer tax; predeceased parent rule; Development, 53928–53929 public hearing, 53862–53866 National Institute on Deafness and Other Communication NOTICES Disorders, 53928 Meetings: Scientific Review Center, 53929–53930 Taxpayer Advocacy Panels, 53975 Patent licenses; non-exclusive, exclusive, or partially exclusive: International Trade Administration Reata Discovery, Inc., 53930 NOTICES Antidumping: National Oceanic and Atmospheric Administration Structural steel beams from— RULES Korea, 53887–53892 Fishery conservation and management: Northeastern United States fisheries— International Trade Commission Summer flounder, 53839–53840 NOTICES NOTICES Agency information collection activities; proposals, Environmental statements; notice of intent: submissions, and approvals, 53944 Columbia River basin hatcheries funding and operation, Import investigations: 53892–53893 Barbed wire and barbless wire strand— Gulf of Mexico reef fish resources, 53893 Argentina, 53944 Meetings: Medical devices used to compact inner bone tissue and South Atlantic Fishery Management Council, 53893– products containing same, 53944–53945 53895 Point of sale terminals and components, 53945–53946 Stainless steal plate from— National Park Service Various countries, 53946–53947 NOTICES Environmental statements; notice of intent: Justice Department Apostle Islands National Lakeshore, WI; general See Prisons Bureau management plan, 53942–53943 Environmental statements; record of decision: Labor Department Apostle Islands National Lakeshore, WI; wilderness See Employment Standards Administration study, 53943–53944 See Labor Statistics Bureau NOTICES Natural Resources Conservation Service Agency information collection activities; proposals, NOTICES submissions, and approvals, 53947 Meetings: Resource Conservation and Development Program, 53883 Labor Statistics Bureau NOTICES Nuclear Regulatory Commission Agency information collection activities; proposals, NOTICES submissions, and approvals, 53949 Meetings; Sunshine Act, 53951

Land Management Bureau Patent and Trademark Office NOTICES NOTICES Environmental statements; availability, etc.: Committees; establishment, renewal, termination, etc.: National Petroleum Reserve and Colville River Delta, AK; Patent Public Advisory Committee and Trademark Public Alpine Satellite Development Plan, 53938–53940 Advisory Committee, 53895

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Postal Service See Surface Transportation Board RULES See Transportation Statistics Bureau Domestic Mail Manual: NOTICES Wall-mounted centralized mail receptacles; design Privacy Act: standards, 53808–53834 Systems of records, 53971–53972

Prisons Bureau Transportation Statistics Bureau RULES NOTICES Inmate control, custody, care, etc.: Meetings: Over-the-counter (OTC) medications; inmate access Transportation Statistics Advisory Council, 53974–53975 Correction, 53804–53805 Securities and Exchange Commission Treasury Department NOTICES See Internal Revenue Service Meetings; Sunshine Act, 53951–53952 Public Utility Holding Company Act of 1935 filings, 53952– Veterans Affairs Department 53963 RULES Self-regulatory organizations; proposed rule changes: Board of Veterans Appeals: American Stock Exchange LLC, 53963–53966 Appeals regulations and rules of practice— Boston Stock Exchange, Inc., 53966–53969 Obtaining evidence and curing procedural defects, 53807–53808 State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 53969 Separate Parts In This Issue Art objects; importation for exhibition: Asian Games: The Art of Contest, 53969–53970 Part II Peter Paul Rubens (1577-1640): The Drawings, 53970 Housing and Urban Development Department, 53977–53978 Spain in the Age of Exploration (1492-1819), 53970 Cultural property: Part III China; Paleolithic to Qing Dynasty archaeological Environmental Protection Agency, 53979–53988 material; U.S. import restrictions, 53970 Meetings: Shipping Coordinating Committe, 53971 Part IV Interior Department, Fish and Wildlife Service, 53989– Substance Abuse and Mental Health Services 53998 Administration NOTICES Federal agency urine drug testing; certified laboratories Reader Aids meeting minimum standards, list, 53930–53932 Consult the Reader Aids section at the end of this issue for Surface Transportation Board phone numbers, online resources, finding aids, reminders, NOTICES and notice of recently enacted public laws. Railroad services abandonment: To subscribe to the Federal Register Table of Contents Twin State Railroad Co., 53973–53974 LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Transportation Department archives, FEDREGTOC-L, Join or leave the list (or change See Federal Aviation Administration settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 916...... 53791 917...... 53791 14 CFR 39...... 53794 71...... 53976 73 (2 documents) ...... 53795, 53796 97...... 53798 Proposed Rules: 25...... 53841 39 (5 documents) ...... 53846, 53848, 53853, 53855, 53858 71 (2 documents) ...... 53860, 53861 18 CFR 342...... 53800 21 CFR 201...... 53801 24 CFR 24...... 53978 26 CFR 1...... 53804 Proposed Rules: 26...... 53862 28 CFR 549...... 53804 33 CFR 117...... 53805 38 CFR 19...... 53807 20...... 53807 39 CFR 111...... 53808 40 CFR 52...... 53835 63...... 53980 Proposed Rules: 63...... 53987 166...... 53866 44 CFR 64...... 53835 46 CFR 67...... 53838 47 CFR 25...... 53838 50 CFR 20...... 53990 648...... 53839

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Rules and Regulations Federal Register Vol. 69, No. 171

Friday, September 3, 2004

This section of the FEDERAL REGISTER Administration Branch, Fruit and not later than 20 days after the date of contains regulatory documents having general Vegetable Programs, AMS, USDA, 1400 the entry of the ruling. applicability and legal effect, most of which Independence Avenue, SW Stop 0237, This rule revises the orders’ rules and are keyed to and codified in the Code of Washington, DC 20250–0237; telephone: regulations pertaining to reporting Federal Regulations, which is published under (202) 720–2491; Fax: (202) 720–8938. requirements by revising the current 50 titles pursuant to 44 U.S.C. 1510. Small businesses may request handler shipment report for fresh The Code of Federal Regulations is sold by information on compliance with this nectarines and peaches. Handlers will the Superintendent of Documents. Prices of regulation, or obtain a guide on be required to report the names, new books are listed in the first FEDERAL complying with fruit, vegetable, and addresses, telephone numbers, and any REGISTER issue of each week. specialty crop marketing agreements available facsimile numbers and e-mail and orders by contacting Jay Guerber, addresses for the growers who produced Marketing Order Administration the nectarines and/or peaches the DEPARTMENT OF AGRICULTURE Branch, Fruit and Vegetable Programs, handlers shipped during the season. AMS, USDA, 1400 Independence Handlers will also be required to report Agricultural Marketing Service Avenue, SW Stop 0237, Washington, DC the nectarine and/or peach volumes of 20250–0237; telephone: (202) 720–2491; each of their growers annually. This 7 CFR Parts 916 and 917 Fax: (202) 205–8938; or E-mail: change was unanimously recommended [Docket No. FV04–916/917–03 FR] [email protected]. by the committees at their meetings on SUPPLEMENTARY INFORMATION: This final February 25, 2004. Nectarines and Peaches Grown in rule is issued under Marketing In §§ 916.60 and 917.50 of the orders, California; Revision of Reporting Agreements Nos. 124 and 85, and authority is provided for the committees Requirements for Fresh Nectarines Marketing Order Nos. 916 and 917 (7 to require handlers to file reports with and Peaches CFR parts 916 and 917) regulating the the committees. The information authorized includes, but is not limited AGENCY: Agricultural Marketing Service, handling of nectarines and peaches to: (1) The name of the shipper and the USDA. grown in California, respectively. The marketing agreements and orders are shipping point; (2) the car or truck ACTION: Final rule. effective under the Agricultural license number (or name of the trucker), SUMMARY: This rule revises the reporting Marketing Agreement Act of 1937, as and identification of the carrier; (3) the requirements in the rules and amended (7 U.S.C. 601–674), hereinafter date and time of departure; (4) the regulations of the marketing orders referred to as the ‘‘Act.’’ number and type of containers in the (orders) for fresh nectarines and peaches The Department of Agriculture shipment; (5) the quantities shipped, grown in California. The orders regulate (USDA) is issuing this rule in showing separately the variety, grade, the handling of nectarines and peaches conformance with Executive Order and size of the fruit; (6) the destination; grown in California and are 12866. and (7) the identification of the administered locally by the Nectarine This final rule has been reviewed inspection certificate or waiver pursuant Administrative and Peach Commodity under Executive Order 12988, Civil to which the fruit was handled. Committees (committees). Under the Justice Reform. This rule is not intended The nectarine order also requires that orders, authority is provided for the to have retroactive effect. This rule will handlers supply the committee with committees to require handlers to file not preempt any State or local laws, other information, pursuant to reports on their shipments of fresh regulations, or policies, unless they paragraph (b) of §§ 916.60, which states, nectarines and peaches. This rule present an irreconcilable conflict with in part: ‘‘Upon request of the committee, revises the current shipment report to this rule. made with the approval of the Secretary, require handlers to include new The Act provides that administrative each handler shall furnish to the information on the growers whose fruit proceedings must be exhausted before committee, in such manner and at such the handler handles annually. The new parties may file suit in court. Under times as it may prescribe, such other information enhances committee section 608c(15)(A) of the Act, any information as may be necessary to communications and facilitates the handler subject to an order may file enable the committee to perform its development of a simplified ballot for with USDA a petition stating that the duties under this part.’’ referenda. order, any provision of the order, or any The requirement under the peach obligation imposed in connection with order is similar in paragraph (b) of DATES: Effective Date: This final rule the order is not in accordance with law § 917.50, which states, in part, ‘‘Upon becomes effective September 4, 2004. and request a modification of the order request of any committee, made with FOR FURTHER INFORMATION CONTACT: or to be exempted therefrom. A handler the approval of the Secretary, each Terry Vawter, Marketing Specialist, is afforded the opportunity for a hearing handler shall furnish to the Manager of California Marketing Field Office, on the petition. After the hearing, USDA the Control Committee, in such manner Marketing Order Administration would rule on the petition. The Act and at such times as it may prescribe, Branch, Fruit and Vegetable Programs, provides that the district court of the such other information as may be AMS, USDA, 2202 Monterey Street, United States in any district in which necessary to enable the committee to suite 102B, Fresno, California 93721; the handler is an inhabitant, or has his perform its duties under this part.’’ telephone: (559) 487–5901; Fax: (559) or her principal place of business, has Under paragraph (b) of §§ 916.160 and 487–5906; or George Kelhart, Technical jurisdiction to review USDA’s ruling on 917.178 of the orders’ rules and Advisor, Marketing Order the petition, provided an action is filed regulations, the requirement for a

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shipment report is specified, and termination of the marketing orders if service firms, which include handlers, information required on the report and less than two-thirds of those voting and as those whose annual receipts are less a due date for submission of the report less than two-thirds of the volume than $5,000,000. Small agricultural are established, as well. With this final represented in the referendum favor producers are defined as those having rule, paragraph (b) in §§ 916.160 and continuance. annual receipts of less than $750,000. 917.178 is amended to add the Currently, the ballot requires growers The committees’ staff has estimated requirement that handlers begin to list the total volume of nectarines that there are less than 20 handlers in reporting each of their grower’s annual and/or peaches that he or she produced the industry who could be defined as nectarine and/or peach volumes by during a representative period (usually other than small entities. In the 2003 including the grower’s name, address, the crop year preceding the referendum) season, the average handler price telephone number, facsimile number (if by container type. This information is received was $7.00 per container or applicable), e-mail address (if necessary to ensure that each grower’s container equivalent of nectarines or applicable), and total volumes in 25- vote is properly weighted by the volume peaches. A handler would have to ship pound containers or container of fruit he or she produced. However, at least 714,286 containers to have equivalent units. growers have complained that the ballot annual receipts of $5,000,000. Given At their February 25, 2004, meetings, is confusing and difficult to complete data on shipments maintained by the the Nectarine Administrative Committee partly because of the requirement for committees’ staff and the average and the Peach Commodity Committee each grower to provide volume handler price received during the 2003 discussed the merits of revising the information. The committees believe season, the committees’ staff estimates current shipment reports. The that elimination of this requirement that small handlers represent committees considered including from the ballot will not only simplify approximately 94 percent of all the information about varieties and styles of the ballot, but also encourage more packers within the industry. pack for each handler’s growers. After growers to vote. The committees’ staff also has some discussion about the proposed USDA may now simplify the ballot by estimated that less than 20 percent of new information, it was determined that removing the requirement for grower the producers in the industry could be varietal and pack style information was volume information; the committee defined as other than small entities. In unnecessary as long as each grower’s staff, based upon information from the the 2003 season, the average producer total volume was required. The revised shipment report, can now price received was $4.00 per container committees, then, unanimously provide that information to USDA to or container equivalent for nectarines recommended amending the existing facilitate vote tabulations in the next and peaches. A producer would have to shipment reports to include the name, referendum. However, in the event that produce at least 187,500 containers of address, telephone number, facsimile a handler fails to file a shipment report, nectarines and peaches to have annual number (if applicable), e-mail address his or her growers will be required to receipts of $750,000. Given data (if applicable), and volume of nectarines provide the volume of nectarines and/or maintained by the committees’ staff and and/or peaches each handler handled peaches that were packed during the the average producer price received annually on behalf of each of their representative period, as part of the during the 2003 season, the committees’ growers. tabulation process. staff estimates that small producers The committees believe that having Producer ballots on order represent more than 80 percent of the such information allows them to amendments, as well, will be similarly producers within the industry. communicate more effectively and changed by USDA to foster more With an average producer price of efficiently with growers. Material producer participation. $4.00 per container or container distributed by the committees includes equivalent, and a combined packout of information such as: Production and Final Regulatory Flexibility Analysis nectarines and peaches of 44,202,600 post-harvest research; proposed and Pursuant to requirements set forth in containers, the value of the 2003 existing regulatory requirements under the Regulatory Flexibility Act (RFA), packout level is estimated to be the marketing orders, and requirements AMS has considered the economic $176,810,400. Dividing this total of local, county, State, or other Federal impact of this action on small entities. estimated grower revenue figure by the agencies; surveys about research needs; Accordingly, AMS has prepared this estimated number of producers (1,800) crop estimates; seasonal packout final regulatory flexibility analysis. yields an estimated average revenue per information; annual reports; meeting The purpose of the RFA is to fit producer of approximately $98,228 from notices; and meeting minutes, etc. regulatory actions to the scale of the sales of nectarines and peaches. The grower information provides the business subject to such actions in order This final rule revises §§ 916.160 and committees with more complete that small businesses will not be unduly 917.178 of the orders’ administrative information on the growers that or disproportionately burdened. rules and regulations to require handlers constitute their respective industries. Marketing orders issued pursuant to the to provide information annually about More importantly, the committees will Act, and rules issued thereunder, are growers who grew the fruit they have information on each grower’s unique in that they are brought about handled. The handlers will be required volume of fruit, which will help the through group action of essentially to list each grower’s name, address, committees make more accurate crop small entities acting on their own telephone number, facsimile number (if estimates and compute seasonal packout behalf. Thus, both statutes have small applicable), and e-mail address (if totals. entity orientation and compatibility. applicable). Additionally, the handlers According to the committees, such There are approximately 250 will be required to list the volume of information also permits USDA to California nectarine and peach handlers nectarines and/or peaches handled (in simplify continuance referendum subject to regulation under the orders containers or container equivalents) for ballots that are used to determine covering nectarines and peaches grown each of their growers. whether growers support the in California, and about 1,800 producers Information obtained from such continuation of the marketing orders. of these fruits in California. The Small reports is expected to improve These referenda are required under the Business Administration (13 CFR communications within the industry orders every four years. USDA considers 121.201) defines small agricultural and facilitate the development of

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simplified continuance referendum and As noted in the initial regulatory I For the reasons set forth in the amendatory ballots. flexibility analysis, USDA has not preamble, 7 CFR parts 916 and 917 are In accordance with the Paperwork identified any relevant Federal rules amended as follows: Reduction Act of 1995 (44 U.S.C. that duplicate, overlap, or conflict with I 1. The authority citation for 7 CFR chapter 35), AMS is seeking OMB this final rule. As with all Federal parts 916 and 917 continues to read as approval of a new information marketing order programs, reports and follows: collection. The new information forms are periodically reviewed to collection would not become effective reduce information collection Authority: 7 U.S.C. 601–674. until OMB approves of the additional requirements and duplication by PART 916—NECTARINES GROWN IN information collection. Upon OMB industry and public sector agencies. CALIFORNIA approval of the new information A proposed rule concerning this collection, the reports would be merged action was published in the Federal I 2. In § 916.160, paragraph (b) is revised into 0581–0189. Register on May 28, 2004 (69 FR 30597). to read as follows: An alternative to this action is to Copies of the rule were provided to the continue operations without requiring industry through a link on the § 916.160 Reporting procedure. grower information. However, having committees’ website, as well as through * * * * * such grower information enhances the Internet by USDA and the Office of communication in the industry and may the Federal Register. A 60-day comment (b) Recapitulation of shipments. Each promote industry cohesion. Committee period ending on July 27, 2004 was shipper of nectarines shall furnish to the members agreed that the value of having provided to allow interested persons to manager of the Nectarine grower information outweighed the respond to the proposal. No comments Administrative Committee not later than burden on handlers of filing such were received. Accordingly, no changes November 15 of each year a reports by allowing the committees to will be made to the rule as proposed. recapitulation of shipments of each more effectively target information and variety shipped during the just- A small business guide on complying communications to growers. In addition, completed season. The recapitulation with fruit, vegetable, and specialty crop when e-mail addresses are provided, shall show: The name of the shipper, marketing agreements and orders may much of the information that the the shipping point, the district of origin, be viewed at the following Web site: committees now mail to the industry the variety, and the number of packages, http://www.ams.usda.gov/fv/moab.html. could be sent electronically, thereby by size, for each container type. Each Any questions about the compliance reducing committee administrative shipper also shall furnish to the guide should be sent to Jay Guerber at costs. manager not later than November 15, a the previously mentioned address in the During the deliberations, some recapitulation of shipments by that FOR FURTHER INFORMATION CONTACT committee members indicated their shipper’s growers showing: each section. concern that confidentiality of the grower’s name, address, telephone required information would not be After consideration of all relevant number, facsimile number (if maintained. However, such information matters presented, including the applicable), and e-mail address (if is available only to committee staff information and recommendations applicable), and the total number of members, who are required by submitted by the committees and other packages shipped by container or §§ 916.60(d) and 917.50(d) to maintain available information, it is hereby found container equivalents for each grower. confidentiality of all reports and records that this rule, as hereinafter set forth, submitted by handlers. will tend to effectuate the declared * * * * * Further, a confidentiality statement policy of the Act. will be provided on each form. Other PART 917—PEACHES GROWN IN It is further found that good cause CALIFORNIA concerns about confidentiality were exists for not postponing the effective addressed by not requiring handlers to date of this rule until 30 days after report the volume handled by variety I 3. In § 917.178, paragraph (b) is revised publication in the Federal Register (5 to read as follows: and style of pack. By limiting the U.S.C. 553) because handlers are already quantity reported by the handler to the receiving nectarines and peaches from § 917.178 Peaches. total volume handled for each of the growers and will need to begin * * * * * handler’s growers, members felt that collecting complete grower information confidentiality was better assured. as soon as possible for submission to the (b) Recapitulation of shipments. Each The committee meetings on February committees by November 15. Further, shipper of peaches shall furnish to the 25 were widely publicized throughout handlers are aware of this rule, which manager of the Control Committee not the tree fruit industry and all interested was recommended at public meetings, later than November 15 of each year a persons were invited to express their and interested persons were provided recapitulation of shipments of each views and participate in committee 60 days in the proposed rule to submit variety shipped during the just- deliberations. Like all committee comments. completed season. The recapitulation meetings, the February 25, 2004, shall show: The name of the shipper, meetings were public meetings, and all List of Subjects the shipping point, the district of origin, entities, large and small, were able to 7 CFR Part 916 the variety, and the number of packages, express their views on this issue. by size, for each container type. Each Meeting notices were provided to Marketing agreements, Nectarines, shipper also shall furnish to the committee members and other Reporting and recordkeeping manager not later than November 15, a interested persons both by mail and requirements. recapitulation of shipments by that through the committee website. Finally, 7 CFR Part 917 shipper’s growers showing: each interested persons were invited to grower’s name, address, telephone submit information on the regulatory Marketing agreements, Peaches, Pears, number, facsimile number (if and informational impacts of this action Reporting and recordkeeping applicable), and e-mail address (if on small businesses. requirements. applicable), and the total number of

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packages shipped by container or • Mail: Docket Management Facility; SUPPLEMENTARY INFORMATION: We have container equivalents for each grower. U.S. Department of Transportation, 400 received a report of two violations of the * * * * * Seventh Street, SW., Nassif Building, selected flight control panel (FCP) Room PL–401, Washington, DC 20590. altitude during flight management Dated: August 30, 2004. • Fax: (202) 493–2251. system (FMS) profile (PROF) descents Kenneth C. Clayton, • Hand Delivery: Room PL–401 on on McDonnell Douglas Model MD–11 Associate Administrator, Agricultural the plaza level of the Nassif Building, airplanes. Investigation by the airplane Marketing Service. 400 Seventh Street, SW., Washington, and avionics manufacturers revealed [FR Doc. 04–20107 Filed 9–2–04; 8:45 am] DC, between 9 a.m. and 5 p.m., Monday that under certain conditions during an BILLING CODE 3410–02–P trough Friday, except Federal holidays. FMS PROF descent, the FMS will allow You can examine this information at an airplane to descend below the the National Archives and Records selected FCP altitude or FMS- DEPARTMENT OF TRANSPORTATION Administration (NARA). For constrained altitude or both. In information on the availability of this addition, the FMS will not command Federal Aviation Administration material at NARA, call (202) 741–6030, the autopilot or flight director to level or go to: http://www.archives.gov/ off at the next altitude constraint, if a 14 CFR Part 39 federallregister/codelofl specific series of events occur and the [Docket No. FAA–2004–19017; Directorate federallregulations/ airspeed of the airplane is within the Identifier 2004–NM–144–AD; Amendment ibrllocations.html. overspeed detection window during an 39–13782; AD 2004–18–04] • You can examine the contents of FMS descent. Under certain conditions during the FMS PROF descent, the RIN 2120–AA64 this AD docket on the Internet at http://dms.dot.gov, or at the Docket uncommanded descent of the airplane Airworthiness Directives; McDonnell Management Facility, U.S. Department below the selected level-off altitude, if Douglas Model MD–10–10F, MD–10– of Transportation, 400 Seventh Street, not corrected, could result in an 30F, MD–11, MD–11F, and 717–200 SW., Room PL–401, on the plaza level unacceptable reduction in the Airplanes of the Nassif Building, Washington, DC. separation between the airplane and nearby air traffic or terrain. AGENCY: Federal Aviation Docket Management Systems (DMS) The FMS software on Model MD–10– Administration (FAA), DOT. The FAA has implemented new 10F, MD–10–30F, MD–11F, and 717– ACTION: Final rule; request for procedures for maintaining AD dockets 200 airplanes is identical to that on the comments. electronically. As of May 17, 2004, new affected Model MD–11 airplanes. AD actions are posted on DMS and Therefore, all of these models may be SUMMARY: The FAA is adopting a new assigned a docket number. We track subject to the same unsafe condition. airworthiness directive (AD) for all each action and assign a corresponding FAA’s Determination and Requirements McDonnell Douglas MD–10–10F, MD– directorate identifier. The DMS AD of This AD 10–30F, MD–11, MD–11F, and 717–200 docket number is in the form ‘‘Docket airplanes. This AD requires a revision to No. FAA–2004–99999.’’ The Transport The unsafe condition described the Limitations section of the Airplane Airplane Directorate identifier is in the previously is likely to exist or develop Flight Manual (AFM) to prohibit use of form ‘‘Directorate Identifier 2004–NM– on other airplanes of the same type the flight management system (FMS) 999–AD.’’ Each DMS AD docket also design, which use the same FMS profile (PROF) mode for descent and/or lists the directorate identifier (‘‘Old software. Therefore, we are issuing this approach operations unless certain Docket Number’’) as a cross-reference AD to prevent, under certain conditions conditions are met. This AD is for searching purposes. during the FMS PROF descent, the promoted by a report of two violations uncommanded descent of an airplane of the selected flight control panel (FCP) Examining the Dockets below the selected level-off altitude, altitude during FMS PROF descents. We You can examine the AD docket on which could result in reducing the are issuing this AD to prevent, under the Internet at http://www.dms.dot.gov, separation between the airplane and certain conditions during the FMS or in person at the Docket Management nearby air traffic or terrain. This AD PROF descent, the uncommanded Facility office between 9 a.m. and 5 requires a revision to the Limitations descent of an airplane below the p.m., Monday through Friday, except section of the Airplane Flight Manual selected level-off altitude, which could Federal holidays. The Docket (AFM) to prohibit use of the FMS PROF result in an unacceptable reduction in Management Facility office (telephone mode for descent and/or approach the separation between the airplane and (800) 647–5227) is located on the plaza operations unless certain conditions are nearby air traffic or terrain. level of the Nassif Building at the DOT met. DATES: Effective September 20, 2004. street address stated in the ADDRESSES Interim Action We must receive comments on this section. Comments will be available in This is considered to be interim AD by November 2, 2004. the AD docket shortly after the DMS action. The manufacturer has advised ADDRESSES: Use one of the following receives them. that it currently is developing a software addresses to submit comments on this FOR FURTHER INFORMATION CONTACT: modification that will address the AD. Technical information: Jim Webre, unsafe condition addressed by this AD. • DOT Docket Web site: Go to Flight Test Pilot, Flight Test Branch, Once this modification is developed, http://dms.dot.gov and follow ANM–160L, FAA, Los Angeles Aircraft approved, and available, the FAA may instructions for sending your comments Certification Office, 3960 Paramount consider additional rulemaking. electronically. Boulevard, Lakewood, California • Government-wide rulemaking Web 90712–4137; telephone (562) 627–5364; FAA’s Determination of the Effective site: Go to http://www.regulations.gov fax (562) 627–5210. Date and follow the instructions for sending Plain language information: Marcia An unsafe condition exists that your comments electronically. Walters, [email protected]. requires the immediate adoption of this

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AD; therefore, providing notice and 2. Is not a ‘‘significant rule’’ under the AFM Revision opportunity for public comment before DOT Regulatory Policies and Procedures (f) Within 90 days after the effective date the AD is issued is impracticable, and (44 FR 11034, February 26, 1979); and of this AD, revise the Limitations section of good cause exists to make this AD 3. Will not have a significant the Airplane Flight Manual (AFM) to include effective in less than 30 days. economic impact, positive or negative, the following statement. This may be done by on a substantial number of small entities inserting a copy of this AD in the AFM. Comments Invited ‘‘Use of PROF mode for descent and/or under the criteria of the Regulatory approach operations is prohibited unless This AD is a final rule that involves Flexibility Act. 1. The airplane is on path and the FMA requirements that affect flight safety and We prepared a regulatory evaluation indicates THRUST | xxx | PROF, or was not preceded by notice and an of the estimated costs to comply with 2. The indicated airspeed is below Vmax opportunity for public comment; this AD. See the ADDRESSES section for for the airplane configuration by at least: however, we invite you to submit any a location to examine the regulatory a. 10 knots at indicated altitudes below written relevant data, views, or evaluation. 10,000 feet, or arguments regarding this AD. Send your b. 15 knots at indicated altitudes of 10,000 comments to an address listed under List of Subjects in 14 CFR Part 39 feet or above, or 3. Basic autoflight modes (e.g., LVL CHG ADDRESSES. Include ‘‘Docket No. FAA– Air transportation, Aircraft, Aviation V/S, or FPA) are used to recapture the path 2004–19017; Directorate Identifier safety, Safety. when the PROF mode is engaged and the 2004–NM–144–AD’’ at the beginning of Adoption of the Amendment airplane is: your comments. We specifically invite a. Above or below the path and the FMA | | comments on the overall regulatory, I Accordingly, under the authority indicates PITCH xxx IDLE, or economic, environmental, and energy delegated to me by the Administrator, b. Below the path and the FMA indicates THRUST | xxx | V/S.’’ aspects of the AD. We will consider all the FAA amends 14 CFR part 39 as comments received by the closing date follows: Note 1: When a statement identical to that and may amend the AD in light of those in paragraph (f) of this AD has been included comments. PART 39—AIRWORTHINESS in the general revisions of the AFM, the DIRECTIVES general revisions may be inserted into the We will post all comments we AFM, and the copy of this AD may be receive, without change, to http:// I removed from the AFM. dms.dot.gov, including any personal 1. The authority citation for part 39 information you provide. We will also continues to read as follows: Alternative Methods of Compliance post a report summarizing each Authority: 49 U.S.C. 106(g), 40113, 44701. (AMOCs) substantive verbal contact with FAA (g) The Manager, Los Angeles Aircraft § 39.13 [Amended] personnel concerning this AD. Using the Certification Office (ACO), FAA, has the search function of our docket Web site, I 2. The FAA amends § 39.13 by adding authority to approve AMOCs for this AD, if anyone can find and read the comments the following new airworthiness requested in accordance with the procedures in any of our dockets, including the directive (AD): found in 14 CFR 39.19. name of the individual who sent the 2004–18–04 McDonnell Douglas: Material Incorporated by Reference comment (or signed the comment on Amendment 39–13782. Docket No. (h) None. behalf of an association, business, labor FAA–2004–19017; Directorate Identifier Issued in Renton, Washington, on August union, etc.). You can review the DOT’s 2004–NM–144–AD. 25, 2004. complete Privacy Act Statement in the Effective Date Kevin M. Mullin, Federal Register published on April 11, 2000 (65 FR 19477–78), or you can visit (a) This AD becomes effective September Acting Manager, Transport Airplane 20, 2004. Directorate, Aircraft Certification Service. http://dms.dot.gov. [FR Doc. 04–20015 Filed 9–2–04; 8:45 am] We are reviewing the writing style we Affected ADs currently use in regulatory documents. (b) None. BILLING CODE 4910–13–M We are interested in your comments on Applicability whether the style of this document is DEPARTMENT OF TRANSPORTATION clear, and your suggestions to improve (c) This AD applies to all McDonnell Douglas Model MD–10–10F, MD–10–30F, the clarity of our communications with MD–11F, and 717–200 airplanes; certificated Federal Aviation Administration you. You can get more information in any category. about plain language at http://www/ 14 CFR Part 73 faa.gov/language and http:// Unsafe Condition www.plainlanguage.gov. (d) This AD was prompted by a report of [Docket No. FAA–2001–17180; Airspace two violations of the selected flight control Docket No. 03–AWP–03] Regulatory Findings panel (FCP) altitude during flight RIN 2120–AA66 We have determined that this AD will management system (FMS) profile (PROF) descents. The FAA is issuing this AD to not have federalism implications under Amendment of Restricted Area 2306C, prevent, under certain conditions during the Yuma West, AZ Executive Order 13132. This AD will FMS PROF descent, the uncommanded not have a substantial direct effect on descent of an airplane below the selected AGENCY: Federal Aviation the States, on the relationship between level-off altitude, which could result in an Administration (FAA), DOT. the national Government and the States, unacceptable reduction in the separation ACTION: Final rule. or on the distribution of power and between the airplane and nearby air traffic or responsibilities among the various terrain. SUMMARY: This action amends the levels of government. Compliance designated altitudes and times of use for For the reasons discussed above, I (e) You are responsible for having the Restricted Area R–2306C (R–2306C), certify that the regulation: actions required by this AD performed within Yuma West, AZ. This action would raise 1. Is not a ‘‘significant regulatory the compliance times specified, unless the the upper altitude of R–2306C from action’’ under Executive Order 12866; actions have already been done. 17,000 feet mean seal level (MSL) to

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40,000 feet MSL. This action also does not warrant preparation of a DEPARTMENT OF TRANSPORTATION reduces the time of use from regulatory evaluation as the anticipated continuous, to 0600 to 2200 hours daily impact is so minimal. Since this is a Federal Aviation Administration local time, other times by NOTAM. The routine matter that will only affect air U.S. Army requested the modification to traffic procedures and air navigation, it 14 CFR Part 73 better accommodate existing and future is certified that this rule, when [Docket No. FAA–2003–16722; Airspace testing requirements at the Yuma promulgated, will not have a significant Docket No. 03–AWP–19] Proving Ground, AZ. This modification economic impact on a substantial does not alter the current lateral number of small entities under the RIN 2120–AA66 boundaries or activities conducted in R– criteria of the Regulatory Flexibility Act. Establishment of Restricted Area 2306C. Environmental Review 2503D; Camp Pendleton, CA EFFECTIVE DATE: 0901 UTC, November 25, 2004. The FAA determined that this change AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Ken applies to on-going military activities Administration (FAA), DOT. McElroy, Airspace and Rules, Office of occurring between 17,000 feet MSL and ACTION: Final rule. System Operations and Safety, Federal 40,000 feet MSL, and not over noise- SUMMARY: Aviation Administration, 800 sensitive areas; that there will be no This action establishes a Independence Avenue, SW., significant noise increase associated Restricted Area 2503D (R–2503D) at Washington, DC 20591; telephone: (202) with this change; and no significant air Camp Pendleton, CA. Specifically, this 267–8783. quality impacts. The FAA further action converts the current San Onofre determined that this action does not High and Low Military Operations SUPPLEMENTARY INFORMATION: trigger any extraordinary circumstances Areas (MOAs) and the associated Background that would warrant further Controlled Firing Area (CFA) to R– 2503D. The FAA is taking this action to On May 28, 2004, the FAA proposed environmental review. The FAA assist the Camp Pendleton U.S. Marine to modify the designated altitudes and concluded that this action is Corps (USMC) Base, CA, mission to times of use for R–2306C (69 FR 30606). categorically excluded from further provide realistic fleet training The U.S. Army requested this environmental analysis in accordance requirements and enhance safety. modification to better accommodate with FAA Order 1050.1E, Policies and existing and forecasted training Procedures for Considering EFFECTIVE DATE: 0901 UTC, November requirements at Yuma Proving Ground, Environmental Impacts, dated June 8, 25, 2004. AZ. Interested parties were invited to 2004. FOR FURTHER INFORMATION CONTACT: Ken participate in this rulemaking by List of Subjects in 14 CFR Part 73 McElroy, Airspace and Rules, Office of submitting written comments. No System Operations and Safety, Federal comments were received. Airspace, Navigation (air). Aviation Administration, 800 Adoption of the Amendment Independence Avenue, SW., The Rule Washington,DC 20591; telephone: (202) This action amends 14 Code of I In consideration of the foregoing, the 267–8783. Federal Regulations (14 CFR) part 73 Federal Aviation Administration SUPPLEMENTARY INFORMATION (part 73) by changing the designated amends 14 CFR part 73 as follows: altitude and times of use for R–2306C, History Yuma, AZ. Specifically, this action PART 73—SPECIAL USE AIRSPACE On March 26, 2004, the FAA changes the designated altitudes from published in the Federal Register a I ‘‘Surface to 17,000 feet MSL,’’ to 1. The authority citation for part 73 notice proposing to establish R–2503D ‘‘surface to 40,000 feet MSL’’. This continues to read as follows: at Camp Pendleton, CA (69 FR 15746). amendment also reduces the times of Authority: 49 U.S.C. 106(g), 40103, 40113, Interested parties were invited to use from ‘‘continuous,’’ to ‘‘0600 to 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– participate in this rulemaking effort by 2200 hours daily local time, other times 1963 Comp., p. 389. submitting written comments on the by NOTAM.’’ The U.S. Army requested § 73.23 [Amended] proposal. In response to the notice, the this modification to better accommodate FAA received twenty written comments. existing and forecast training I 2. § 73.23 is amended as follows: All comments received were considered requirements at Yuma Proving Ground, * * * * * before making a determination on the AZ. This action does not change the final rule. An analysis of the comments R–2306C Yuma, AZ [Amended] current lateral boundaries or activities received and the FAA’s responses are conducted within R–2306C. I By removing ‘‘Designated altitude. summarized in the ‘‘Discussion of Section 73.23 of 14 CFR part 73 was Surface to 17,000 feet MSL,’’ and ‘‘Times Comments’’ section. republished in FAA Order 7400.8L, of use. Continuous,’’ and substituting Discussion of Comments dated October 7, 2003. ‘‘Designated altitude. Surface to 40,000 The FAA has determined that this feet MSL,’’ and ‘‘Times of use. 0600 to The Aircraft Owners and Pilots regulation only involves an established 2200 daily local time, other times by Association (AOPA) endorsed the body of technical regulations for which NOTAM.’’ proposal stating the overall impact of frequent and routine amendments are * * * * * the proposed changes would be less necessary to keep them operationally severe than the impact of the current current. Therefore, this regulation: (1) Is Issued in Washington, DC on August 27, MOA for most general aviation (GA) not a ‘‘significant regulatory action’’ 2004. pilots. However, if the use of the area under Executive Order 12866; (2) is not Reginald C. Matthews, exceeds the times of use stated in the a ‘‘significant rule’’ under DOT Manager, Airspace and Rules. proposal, no more than twenty days per Regulatory Policies and Procedures (44 [FR Doc. 04–20172 Filed 9–2–04; 8:45 am] year from 0600 to 2400, they would FR 11034; February 26, 1979); and (3) BILLING CODE 4910–13–P withdraw their support.

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The FAA agrees with the AOPA for IFR operations during activation of does not warrant preparation of a comments. In order for operations to the current MOA’s will remain in use. regulatory evaluation as the anticipated exceed the times stated in the proposal, Instrument procedures into Oceanside impact is so minimal. Since this is a further rulemaking actions would be airport, McClellan-Palomar airport, and routine matter that will only affect air required. holding over the Oceanside VORTAC traffic procedures and air navigation, it Several commentors stated that the are addressed in a Letter of Procedure is certified that this rule, when boundary description was not clear between the SCT and the Military Air promulgated, will not have a significant enough for pilots to determine when Traffic Control Facility facilitating real economic impact on a substantial they are clear of the proposed airspace. time use of the airspace. number of small entities under the The FAA agrees with the comments Two comments were received criteria of the Regulatory Flexibility Act. concerning the boundary description. concerning a lack of public notice on To assist visual flight rules (VFR) pilots, the proposal. Environmental Review the San Diego VFR Terminal Area Chart Formal briefings were provided to the Pursuant to Section 102(2) of the will be amended to include waypoints San Diego Airspace Users Group and National Environmental Policy Act of and radial (DME), depicting the correct Southern California Airspace Users 1969 (NEPA), the Council on lateral distance from the shore line. Working Group on March 6, 2003, and Environmental Quality (CEQ) The Orange County Pilots Association April 6, 2003. A formal briefing was also regulations implementing NEPA (40 suggested that the proposal be modified provided to AOPA on May 7, 2003. CFR Parts 1500–1508), and other to establish a corridor along Interstate 5 Discussion of the proposal was also applicable law, the FAA conducted an to allow normal operations on Victor 23 added to regularly scheduled aviation independent review of the U.S. Marine (V–23). safety briefings to the public via Corps Final Environmental Assessment The FAA does not agree. A VFR coordination with area Flight Standards (FEA) for New Restricted Airspace at corridor along Interstate 5 would not District Offices. Marine Corps Base, Camp Pendleton, permit normal operations on V–23. The The FAA believes that the real-time CA, dated August 2003. The FAA restricted area will be managed on a procedures for the airspace, and limited adopted the FEA and prepared a real-time basis to minimize the impact use twenty days per year between 0600 Finding of No Significant Impact on normal operations. Southern to 2400 hours should minimize the (FONSI)/Record of Decision (ROD) California TRACON (SCT) will be the impact on aviation operations. dated March 2004. The FONSI/ROD designated controlling agency for the With the exception of editorial analyzed the modification of Special restricted area. The SCT has dedicated changes, this amendment is the same as Use Airspace at Marine Corps Base direct landlines with the Marine air that proposed in the notice. Camp Pendleton California and traffic controllers who have the The Rule establishment of the restricted area to authority to allow transit through the support training. This final rule, which area in accordance with a letter of The FAA is amending Title 14 Code establishes a new restricted area, will procedure between SCT and the Marine of Federal Regulations (14 CFR) part 73 not result in significant environmental Corps. (part 73) to establish R–2503D, Camp Several commentors stated that they Pendleton, CA. The USMC requested impacts. will be forced further from the shoreline this change because the existing special List of Subjects in 14 CFR Part 73 over the water during the activation of use airspace did not permit essential the restricted area. large-scale amphibious assault activities Airspace, Navigation (air). Currently, during MOA activations, a (including artillery live-fire, fixed-wing Adoption of the Amendment majority of transitioning VFR pilots close air support, and remotely operated contact SCT for flight following and aircraft operations). The time of I In consideration of the foregoing, the receive vectors around the MOA designation for R–2503D will be Federal Aviation Administration airspace. They are vectored three miles intermittent by NOTAM 24 hours in proposes to amend 14 CFR part 73 as offshore. With the new R–2503D, advance; limited to a maximum use of follows: vectors will only be one mile offshore. 20 days per year from 0600 to 2400 Further, a pilot can contact Camp hours local time; and no more than 90 PART 73—SPECIAL USE AIRSPACE Pendleton’s Radar Air Traffic Control days per year between 0001 and 0600 I 1. The authority citation for part 73 Facility (RATCF) ‘‘Longrifle’’ on 123.2/ local time. The restricted area is continues to read as follows: 301.9 and request transition through R– available for joint-use and is scheduled 2503D. When conditions do not permit for training operations on an as needed Authority: 49 U.S.C. 106(g), 40103, 40113, a transition through the area and the basis subject to the maximum use limits. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. pilot is required to circumnavigate the This action amends 14 CFR Section area, it is approximately 1 nautical mile 73 of the Federal Aviation Regulations § 73.25 [Amended] (NM) offshore to remain clear of the that were republished in FAA Order I 2. § 73.25 is amended as follows: airspace. Instrument flight plans (IFR) 7400.8L dated October 7, 2003. aircraft are vectored to remain clear of The FAA has determined that this * * * * * the lateral boundaries of the MOA by proposed regulation only involves an three miles. This change will reduce the established body of technical R–2503D Camp Pendleton, CA (Added) lateral distance offshore for IFR aircraft regulations for which frequent and Boundaries. Beginning at lat. 33°22′42″ N.; ° ′ ″ ° ′ ″ from 6 NM to 4 NM. routine amendments are necessary to long. 117 36 45 W.; to lat. 33 27 13 N.; long. 117°34′17″ W.; to lat. 33°18′41″ N.; Several comments were received keep them operationally current. ° ′ ″ ° ′ ″ Therefore, this proposed regulation: (1) long. 117 23 58 W.; to lat. 33 17 30 N.; concerning the restricted area impact on long. 117°16′43″ W.; to lat. 33°14′09″ N.; IFR operations for both Oceanside and Is not a ‘‘significant regulatory action’’ long. 117°26′38″ W.; to the point of the Carlsbad (McClellan-Palomar) airports. under Executive Order 12866; (2) is not beginning by following a line 1 NM from Pilots operating on IFR will not a ‘‘significant rule’’ under DOT and parallel to the shoreline. experience any additional impact from Regulatory Policies and Procedures (44 Designated altitudes. 2,000 feet MSL to the restricted area. Procedures utilized FR 11034; February 26, 1979); and (3) 11,000 feet MSL.

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Time of designation. Intermittent by 2. The FAA Regional Office of the of each SIAP contained in FAA form NOTAM 24 hours in advance not to exceed region in which the affected airport is documents is unnecessary. The 20 days per year from 0600 to 2400 local time located; provisions of this amendment state the and not more than 90 days per year between 3. The Flight Inspection Area Office affected CFR (and FAR) sections, with 0001 and 0600 local. which originated the SIAP; or, the types and effective dates of the Controlling agency. FAA, Southern California TRACON. 4. The National Archives and Records SIAPs. This amendment also identifies Using agency. U.S. Marine Corps, Administration(NARA). For information the airport, its location, the procedure Commanding General, MCB Camp Pendleton, on the availability of this material at identification and the amendment CA. NARA, call 202–741–6030, or go to: number. http://www.archives.gov/ * * * * * The Rule federal_register/ Issued in Washington, DC, August 27, code_of_federal_regulations/ This amendment to part 97 is effective 2004. ibr_locations.html. upon publication of each separate SIAP Reginald C. Matthews, For Purchase—Individual SIAP as contained in the transmittal. Some Manager, Airspace and Rules. copies may be obtained from: SIAP amendments may have been [FR Doc. 04–20173 Filed 9–2–04; 8:45 am] 1. FAA Public Inquiry Center (APA– previously issued by the FAA in a National Flight Data Center (NFDC) BILLING CODE 4910–13–P 200), FAA Headquarters Building, 800 Independence Avenue, SW., Notice to Airmen (NOTAM) as an Washington, DC 20591; or emergency action of immediate flight DEPARTMENT OF TRANSPORTATION 2. The FAA Regional Office of the safety relating directly to published region in which the affected airport is aeronautical charts. The circumstances Federal Aviation Administration located. which created the need for some SIAP By Subscription—Copies of all SIAPs, amendments may require making them 14 CFR Part 97 mailed once every 2 weeks, are for sale effective in less than 30 days. For the remaining SIAPs, an effective date at [Docket No. 30423; Amdt. No. 3104] by the Superintendent of Documents, U.S. Government Printing Office, least 30 days after publication is Standard Instrument Approach Washington, DC 20402. provided. Further, the SIAPs contained in this Procedures; Miscellaneous FOR FURTHER INFORMATION CONTACT: Amendments Donald P. Pate, Flight Procedure amendment are based on the criteria Standards Branch (AMCAFS–420), contained in the U.S. Standard for AGENCY: Federal Aviation Flight Technologies and Programs Terminal Instrument Procedures Administration (FAA), DOT. Division, Flight Standards Service, (TERPS). In developing these SIAPs, the ACTION: Final rule. Federal Aviation Administration, Mike TERPS criteria were applied to the Monroney Aeronautical Center, 6500 conditions existing or anticipated at the SUMMARY: This amendment establishes, South MacArthur Blvd. Oklahoma City, affected airports. Because of the close amends, suspends, or revokes Standard OK 73169 (Mail Address: P.O. Box and immediate relationship between Instrument Approach Procedures 25082 Oklahoma City, OK 73125) these SIAPs and safety in air commerce, (SIAPs) for operations at certain telephone: (405) 954–4164. I find that notice and public procedure airports. These regulatory actions are before adopting these SIAPs are needed because of the adoption of new SUPPLEMENTARY INFORMATION: This impracticable and contrary to the public or revised criteria, or because of changes amendment to part 97 of the Federal interest and, where applicable, that occurring in the National Airspace Aviation Regulations (14 CFR part 97) good cause exists for making some System, such as the commissioning of establishes, amends, suspends, or SIAPs effective in less than 30 days. new navigational facilities, addition of revokes Standard Instrument Approach Conclusion new obstacles, or changes in air traffic Procedures (SIAPs). The complete requirements. These changes are regulatory description of each SIAP is The FAA has determined that this designed to provide safe and efficient contained in official FAA form regulation only involves an established use of the navigable airspace and to documents which are incorporated by body of technical regulations for which promote safe flight operations under reference in this amendment under 5 frequent and routine amendments are instrument flight rules at the affected U.S.C. 552(a), 1 CFR part 51, and § 97.20 necessary to keep them operationally airports. of the Federal Aviation Regulations current. It, therefore—(1) is not a (FAR). The applicable FAA Forms are ‘‘significant regulatory action’’ under DATES: This rule is effective September identified as FAA Forms 8260–3, 8260– Executive Order 12866; (2) is not a 3, 2004. The compliance date for each 4, and 8260–5. Materials incorporated ‘‘significant rule’’ under DOT SIAP is specified in the amendatory by reference are available for Regulatory Policies and Procedures (44 provisions. examination or purchase as stated FR 11034; February 26, 1979); and (3) The incorporation by reference of above. does not warrant preparation of a certain publications listed in the The large number of SIAPs, their regulatory evaluation as the anticipated regulations is approved by the Director complex nature, and the need for a impact is so minimal. For the same of the Federal Register as of September special format make their verbatim reason, the FAA certifies that this 3, 2004. publication in the Federal Register amendment will not have a significant ADDRESSES: Availability of matters expensive and impractical. Further, economic impact on a substantial incorporated by reference in the airmen do not use the regulatory text of number of small entities under the amendment is as follows: the SIAPs, but refer to their graphic criteria of the Regulatory Flexibility Act. For Examination— depiction on charts printed by 1. FAA Rules Docket, FAA publishers of aeronautical materials. List of Subjects in 14 CFR Part 97 Headquarters Building, 800 Thus, the advantages of incorporation Air traffic control, Airports, Independence Avenue, SW., by reference are realized and Incorporation by reference, and Washington, DC 20591; publication of the complete description Navigation (Air).

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Issued in Washington, DC, on August 27, Augusta, GA, Augusta Regional at Bush Massena, NY, Massena Intl-Richards Field, 2004. Field, RNAV (GPS) RWY 35, Amdt 1 RNAV (GPS) RWY 27, Orig James J. Ballough, Marion, IN, Marion Muni, ILS OR LOC RWY Cleveland, OH, Cleveland-Hopkins Intl, ILS 4, Amdt 7 Director, Flight Standards Service. OR LOC RWY 6R, Amdt 19A, ILS RWY Marion, IN, Marion Muni, VOR RWY 4, 6R (CAT II) Amdt 19A, ILS RWY 6R Adoption of the Amendment Amdt 13 (CAT III), Amdt 19A Marion, IN, Marion Muni, VOR RWY 15, Cleveland, OH, Cleveland-Hopkins Intl, I Accordingly, pursuant to the authority Amdt 10 RNAV (GPS) Y RWY 6L, Orig–A, delegated to me, part 97 of the Federal Marion, IN, Marion Muni, VOR RWY 22, CANCELLED Aviation Regulations (14 CFR part 97) is Amdt 16 Cleveland, OH, Cleveland-Hopkins Intl, amended by establishing, amending, Marion, IN, Marion Muni, RNAV (GPS) RWY RNAV (GPS) RWY 6L, Amdt 1 suspending, or revoking Standard 15, Orig San Antonio, TX, San Antonio Intl, NDB Instrument Approach Procedures, Marion, IN, Marion Muni, RNAV (GPS) RWY RWY 12R, Amdt 21 22, Orig San Antonio, TX, San Antonio Intl, NDB effective at 0901 UTC on the dates Marion, IN, Marion Muni, RNAV (GPS) RWY RWY 30L, Amdt 12 specified, as follows: 33, Orig San Antonio, TX, San Antonio Intl, VOR/ Owensboro, KY, Owensboro-Daviess County, DME RNAV RWY 30L, Amdt 11, PART 97—STANDARD INSTRUMENT ILS OR LOC RWY 36, Amdt 11 APPROACH PROCEDURES Owensboro, KY, Owensboro-Daviess County, CANCELLED San Antonio, TX, San Antonio Intl, RNAV I RNAV (GPS) RWY 5, Orig 1. The authority citation for part 97 Owensboro, KY, Owensboro-Daviess County, (GPS) RWY 3, Amdt 1 continues to read as follows: RNAV (GPS) RWY 18, Orig Charlottesville, VA, Charlottesville- Authority: 49 U.S.C. 106(g), 40103, 40106, Owensboro, KY, Owensboro-Daviess County, Albemarle, ILS OR LOC RWY 3, Amdt 13 40113, 40114, 40120, 44502, 44514, 44701, RNAV (GPS) RWY 23, Orig Charlottesville, VA, Charlottesville- 44719, 44721–44722. Owensboro, KY, Owensboro-Daviess County, Albemarle, NDB RWY 3, Amdt 16 I RNAV (GPS) RWY 36, Orig * * * Effective October 28, 2004 2. Part 97 is amended to read as Owensboro, KY, Owensboro-Daviess County, follows: NDB RWY 36, Amdt 9 Belleville, IL, Scott AFB/Midamerica, NDB Owensboro, KY, Owensboro-Daviess County, RWY 32L, Orig * * * Effective September 30, 2004 VOR RWY 5, Amdt 1 Indianapolis, IN, Indianapolis Metropolitan, Greenville, AL, Mac Crenshaw Memorial, Owensboro, KY, Owensboro-Daviess County, NDB RWY 15, Amdt 2 RNAV (GPS) RWY 14, Orig VOR RWY 18, Amdt 9 Indianapolis, IN, Indianapolis Metropolitan, Greenville, AL, Mac Crenshaw Memorial, Owensboro, KY, Owensboro-Daviess County, VOR RWY 33, Amdt 9 RNAV (GPS) RWY 32, Orig VOR RWY 36, Amdt 17 Indianapolis, IN, Indianapolis Metropolitan, Greenville, AL, Mac Crenshaw Memorial, Owensboro, KY, Owensboro-Daviess County, GPS RWY 33, Orig–A, CANCELLED GPS RWY 14, Orig–A, CANCELLED GPS RWY 5, Orig, CANCELLED Indianapolis, IN, Indianapolis Metropolitan, Greenville, AL, Mac Crenshaw Memorial, Orange, MA, Orange Muni, VOR–A, Amdt 6B RNAV (GPS) RWY 15, Orig GPS RWY 32, Orig–A, CANCELLED Orange, MA, Orange Muni, NDB RWY 32, Indianapolis, IN, Indianapolis Metropolitan, Anchorage, AK, Ted Stevens Anchorage Intl, Orig RNAV (GPS) RWY 33, Orig RNAV (GPS) RWY 6R, Amdt 1 Orange, MA, Orange Muni, NDB OR GPS–B, Kalamazoo, MI, Kalamazoo/Battle Creek Intl, San Francisco, CA, San Francisco Intl, LDA Amdt 4C, CANCELLED VOR RWY 5, Orig–B PRM RWY 28R, Orig, (Simultaneous Minneapolis, MN, Minneapolis-St Paul Intl/ Hibbing, MN, Chisholm-Hibbing, RNAV Close Parallel) Wold Chamberlain, ILS OR LOC RWY (GPS) RWY 22, Orig–A San Francisco, CA, San Francisco Intl, ILS 12L, Amdt 6A, ILS RWY 12L (CAT II) Oshkosh, WI, Wittman Regional, RNAV PRM RWY 28L, Orig (Simultaneous Amdt 6A, ILS RWY 12L (CAT III) Amdt (GPS) RWY 36, Amdt 1B Close Parallel) 6A * * * Effective November 25, 2004 San Jose, CA, Norman Y. Mineta San Jose Omaha, NE, Eppley Airfield, ILS OR LOC Intl, VOR RWY 12R, Amdt 4 RWY 32R, Orig; ILS RWY 32R (CAT II), Sandersville, GA, Kaolin Field, VOR/DME– San Jose, CA, Norman Y. Mineta San Jose Orig; ILS RWY 32R (CAT III), Orig A, Amdt 5 Intl, VOR/DME RWY 30L, Amdt 2 Las Vegas, NV, McCarran Intl, ILS OR LOC/ Sandersville, GA, Kaolin Field, RNAV (GPS) San Jose, CA, Norman Y. Mineta San Jose DME RWY 1L, Orig RWY 12, Orig Intl, VOR–A, Orig, CANCELLED Atlantic City, NJ, Atlantic City International, Sandersville, GA, Kaolin Field, RNAV (GPS) San Jose, CA, Norman Y. Mineta San Jose ILS OR LOC/DME RWY 31, Orig RWY 30, Orig Intl, NDB/DME RWY 30L, Amdt 6 Tucumcari, NM, Tucumcari Muni, VOR RWY Northwood, ND, Northwood Muni-Vince Fld, San Jose, CA, Norman Y. Mineta San Jose 26, Amdt 6 RNAV (GPS) RWY 26, Orig Intl, ILS OR LOC RWY 12R, Amdt 6 Buffalo, NY, Buffalo Niagara Intl, ILS OR Philadelphia, PA, Philadelphia International, San Jose, CA, Norman Y. Mineta San Jose LOC/DME RWY 32, Orig RNAV (GPS) RWY 35, AMDT 1 Intl, ILS OR LOC/DME RWY 30L, Amdt Massena, NY, Massena Intl-Richards Field, Philadelphia, PA, Philadelphia International, 22 VOR–A, Orig RNAV (GPS) Y RWY 9R, AMDT 1 San Jose, CA, Norman Y. Mineta San Jose Massena, NY, Massena Intl-Richards Field, Philadelphia, PA, Philadelphia International, Intl, LOC/DME RWY 30L, Amdt 11A, VOR OR GPS RWY 27, Amdt 4A, RNAV (GPS) Z RWY 9R, AMDT 1 CANCELLED CANCELLED Tullahoma, TN, Tullahoma Regional Arpt/ Crestview, FL, Bob Sikes, VOR–A, Amdt 12 Massena, NY, Massena Intl-Richards Field, Wm Northern Field, RNAV (GPS) RWY Crestview, FL, Bob Sikes, NDB RWY 17, VOR/DME RNAV OR GPS RWY 5, Amdt 6, Orig Amdt 3 5A, CANCELLED Tullahoma, TN, Tullahoma Regional Arpt/ Crestview, FL, Bob Sikes, ILS OR LOC RWY Massena, NY, Massena Intl-Richards Field, Wm Northern Field, RNAV (GPS) RWY 17, Orig–B VOR/DME RNAV OR GPS RWY 23, 18, Orig Crestview, FL, Bob Sikes, RNAV (GPS) RWY Amdt 7A, CANCELLED Tullahoma, TN, Tullahoma Regional Arpt/ 35, Orig Massena, NY, Massena Intl-Richards Field, Wm Northern Field, RNAV (GPS) RWY Fernandina Beach, FL, Fernandina Beach RNAV (GPS) Y RWY 5, Orig 24, Orig Muni, RNAV (GPS) RWY 13, Orig Massena, NY, Massena Intl-Richards Field, Tullahoma, TN, Tullahoma Regional Arpt/ Fernandina Beach, FL, Fernandina Beach RNAV (GPS) Z RWY 5, Orig Wm Northern Field, RNAV (GPS) RWY Muni, GPS RWY 13, Orig–A, Massena, NY, Massena Intl-Richards Field, 36, Orig CANCELLED RNAV (GPS) RWY 9, Orig Tullahoma, TN, Tullahoma Regional Arpt/ Augusta, GA, Augusta Regional at Bush Massena, NY, Massena Intl-Richards Field, Wm Northern Field, NDB RWY 18, Amdt Field, RNAV (GPS) RWY 17, Amdt 1 RNAV (GPS) RWY 23, Orig 2

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Tullahoma, TN, Tullahoma Regional Arpt/ Energy Policy Act of 1992,1 the appropriate index to measure cost Wm Northern Field, SDF RWY 18, Amdt Commission issued Order No. 561,2 in changes in the oil pipeline industry. On 4 which the Commission February 24, 2003, the Commission Tullahoma, TN, Tullahoma Regional Arpt/ Wm Northern Field, VOR RWY 6, Orig comprehensively revised the issued its order on remand, determining Tullahoma, TN, Tullahoma Regional Arpt/ Commission’s regulation of the oil after further cost data analysis that the Wm Northern Field, VOR RWY 24, Orig pipeline industry. Among other things, appropriate oil pricing index for the Tullahoma, TN, Tullahoma Regional Arpt/ Order No. 561 established a price cap current five year period should be the Wm Northern Field, VOR/DME A, Orig, for oil pipeline rates, to be adjusted PPI.8 Review of this order was sought by CANCELLED annually based upon changes in the Tullahoma, TN, Tullahoma Regional Arpt/ the Shippers, and on April 9, 2004, the Producer Price Index for Finished Court affirmed the Commission.9 Wm Northern Field, VOR/DME OR GPS– Goods (published each May by the U.S. B, Amdt 3B, CANCELLED Department of Labor, Bureau of Labor 5. In view of the Court’s finding that Tullahoma, TN, Tullahoma Regional Arpt/ the Commission had acted properly in Wm Northern Field, VOR/DME RNAV Statistics) minus one percent (PPI–1). OR GPS RWY 36, Amdt 4, CANCELLED Order No. 561 recognized that its establishing the PPI as the appropriate responsibilities under the Interstate oil pricing index, the Commission [FR Doc. 04–20060 Filed 9–2–04; 8:45 am] Commerce Act,3 to both shippers and amends 18 CFR part 342, section BILLING CODE 4910–13–P pipelines, required monitoring of the 342.3(d)(2) by deleting ‘‘, and then relationship between the change in the subtracting 0.01’’ from the end of that selected index and the actual cost section. DEPARTMENT OF ENERGY changes experienced by the industry. Information Collection Statement Therefore, the Commission stated that it Federal Energy Regulatory would review the choice of index every Commission 6. There is no need for Office of 5 years.4 Management and Budget review 10 3. On July 27, 2000, the Commission 18 CFR Part 342 under section 3507(d) of the Paperwork issued a notice of inquiry in Docket No. Reduction Act of 1995,11 since this final [Docket No. RM93–11–002; Order No. 650] RM00–11–000 on its five-year review of rule does not affect information the oil pricing index.5 After receiving Revisions to Oil Pipeline Regulations collection and recordkeeping and considering comments of numerous requirements. Pursuant to the Energy Policy Act of parties, the Commission affirmed that 1992 the PPI–1 index closely approximated Environmental Analysis the actual cost changes in the oil Issued August 27, 2004. pipeline industry as reported in FERC 7. The Commission is required to AGENCY: Federal Energy Regulatory Form No. 6, and concluded that this prepare an Environmental Assessment Commission. index continued to satisfy the mandates or an Environmental Impact Statement ACTION: Final rule. of the Energy Policy Act of 1992.6 for any action that may have a SUMMARY: The Federal Energy Review of this order was sought by the significant adverse effect on the human 12 Regulatory Commission is amending a Association of Oil Pipe Lines (AOPL), environment. However, the certain regulation following a judicial and on March 1, 2002, the U.S. Court of Commission has categorically excluded determination that the Commission Appeals for the D.C. Circuit remanded certain actions from this requirement as acted properly in establishing the oil the proceeding to the Commission for not having a significant effect on the pipeline rate index. further review and explanation, human environment.13 The clarifying EFFECTIVE DATE: The rule will become particularly with respect to the choice of and corrective nature of the change here effective September 3, 2004. PPI–1 as the appropriate index for promulgated qualifies for such an future oil pipeline rate changes.7 14 FOR FURTHER INFORMATION CONTACT: exclusion. 4. Two separate petitions for Harris Wood, Office of General Counsel, Commission action on the remand by Regulatory Flexibility Act Certification Federal Energy Regulatory Commission, the Court were filed, one by AOPL, and 8. The Regulatory Flexibility Act of 888 First Street, NE., Washington, DC the other jointly by Sinclair Oil 1980 (RFA) 15 generally requires a 20426; (202) 502–8224. Corporation and Tesoro Refining and description and analysis of final rules SUPPLEMENTARY INFORMATION: Marketing Company (Shippers). AOPL Before Commissioners: Pat Wood, III, argued for the use of the PPI, while that will have significant economic Chairman; Nora Mead Brownell, Joseph Shippers urged the Commission to impact on a substantial number of small T. Kelliher, and Suedeen G. Kelly. reaffirm its decision to use PPI–1, as the entities. Inasmuch as the change here Revisions to oil pipeline regulations promulgated reduces the complexity of pursuant to the Energy Policy Act of 1 42 U.S.C.A. 7172 note (West Supp. 1993). oil pipeline ratemaking, the change will 1992; Docket No. RM93–11–002. References to the Energy Policy Act are to this note, have no significant economic impact on 1. The Federal Energy Regulatory indicating the section number of the statute. a substantial number of small entities. Commission (Commission) is modifying 2 Revisions to Oil Pipeline Regulations Pursuant a certain regulation pertaining to oil to the Energy Policy Act of 1992, FERC Stats. & 8 102 FERC ¶ 61,195 (2003). Regs. (Regs. Preambles, 1991–1996), ¶ 30,985 9 Flying J Inc., et al. v. Federal Energy Regulatory pipeline ratemaking following a judicial (1993); order on reh’g., FERC Stats. & Regs. (Regs. Commission, 363 F. 3d 495 (D.C. Cir. 2004). determination upholding the Preambles, 1991–1996) ¶ 31,000; aff’d., Association 10 Commission’s determination that the of Oil Pipe Lines v. Federal Energy Regulatory 5 CFR 1320.11. 11 appropriate index for oil pipeline rate Commission, 83 F.3d 1424 (D.C. Cir. 1996). 44 U.S.C. 3507(d). 3 12 changes is the Producer Price Index, 49 U.S.C. app. 1 (1988). Order No. 486, Regulations Implementing the 4 Order No. 561, ¶ 30,985 at 30,952. National Environmental Policy Act, 52 FR 47897 from and after July 2001. 5 FERC Statutes & Regulations [Notices] ¶ 35,536 (Dec. 17, 1987), FERC Stats. & Regs. Preambles Background and Discussion (2000). 1986–1990 ¶ 30,783 (1987). 6 93 FERC ¶ 61,266 (2000). 13 18 CFR 380.4. 2. On October 22, 1993, in response 7 Association of Oil Pipe Lines v. FERC, 281 F.3d 14 18 CFR 380.4(a)(2)(ii). to the requirements of Title XVIII of the 239 (D.C. Cir. 2002). 15 5 U.S.C. 601–612

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Accordingly, no regulatory flexibility Business Regulatory Enforcement the drug facts rule to modify the analysis is required. Fairness Act of 1996.16 The Commission labeling requirements for OTC will submit the Final Rule to both sunscreen drug products. This Document Availability Houses of Congress and the General document postpones the 9. In addition to publishing the full Accounting Office.17 implementation date of the drug facts text of this document in the Federal rule as it applies to OTC sunscreen drug List of Subjects in 18 CFR Part 342 Register, the Commission provides all products pending the outcome of the interested persons an opportunity to Reporting and recordkeeping future rulemaking. view and/or print the contents of this requirements. DATES: Effective: October 4, 2004. FDA document via the Internet through By the Commission. is delaying the May 16, 2005, FERC’s home page (http://www.ferc.gov) Magalie R. Salas, implementation date for the drug facts and in FERC’s Public Reference Room rule (21 CFR 201.66) as it applies to during normal business hours (8:30 a.m. Secretary. I OTC sunscreen drug products (21 CFR to 5 p.m. eastern time) at 888 First In consideration of the foregoing, the part 352) until further notice. Street, NE., Room 2A, Washington, DC Commission amends part 342, chapter I, Comment Date: Submit written or 20426. The full text of this document is title 18, Code of Federal Regulations, as electronic comments by December 2, available on the FERC’s Home Page at follows: 2004. the eLibrary link. To access this SUBCHAPTER P—REGULATIONS UNDER ADDRESSES: You may submit comments, document in eLibrary, type the docket THE INTERSTATE COMMERCE ACT number excluding the last three digits of identified by Docket Nos. 1998N–0337, this document in the docket number PART 342—OIL PIPELINE RATE 1996N–0420, 1995N–0259, and 1990P– field and follow other directions on the METHODOLOGIES AND PROCEDURES 0201 and/or RIN number 0910–AA79, search page. by any of the following methods: • 10. User assistance is available for § 342.3 [Amended] Federal eRulemaking Portal: http:// eLibrary and other aspects of the FERC’s I 1. Part 342, section 342.3(d)(2) is www.regulations.gov. Follow the Web site during normal business hours. amended by removing the words ’’, and instructions for submitting comments. • For assistance, contact FERC Online then subtracting 0.01’’. Agency Web site: http:// www.fda.gov/docket/ecomments. Support at [email protected], [FR Doc. 04–20084 Filed 9–2–04; 8:45 am] or call toll-free at (866) 208–3676, or for Follow the instructions for submitting BILLING CODE 6717–01–P TTY, contact (202) 502–8659. comments on the agency Web site. • E-mail: [email protected]. Effective Date Include Docket Nos. 1998N–0337, 11.These regulations are effective DEPARTMENT OF HEALTH AND 1996N–0420, 1995N–0259, and 1990P– immediately, pursuant to 5 U.S.C. HUMAN SERVICES 0201 and/or RIN number 0910–AA79 in 533(b), upon the date of publication in the subject line of your e-mail message. the Federal Register. The Commission Food and Drug Administration • FAX: 301–827–6870. • is issuing this as a final rule without a Mail/Hand delivery/Courier [For period for public comment, because 21 CFR Part 201 paper, disk, or CD–ROM submissions]: under 5 U.S.C. 533(b), notice and [Docket Nos. 1998N–0337, 1996N–0420, Division of Dockets Management, 5630 comment procedures are unnecessary 1995N–0259, and 1990P–0201] Fishers Lane, rm. 1061, Rockville, MD where a rulemaking concerns only 20852. agency procedure and practice or where RIN 0910–AA79 Instructions: All submissions received must include the agency name and the agency finds notice and comment Over-the-Counter Human Drugs; unnecessary. Inasmuch as the change docket numbers or regulatory Labeling Requirements; Delay of information number (RIN) for this promulgated in this proceeding is Implementation Date consistent with a court remand and rulemaking. All comments received will subsequent affirmance of the AGENCY: Food and Drug Administration, be posted without change to http:// Commission’s order on remand, and HHS. www.fda.gov/ohrms/dockets/ default.htm, including any personal because substantial public comments ACTION: Final rule; delay of information provided. For detailed have already been made on the implementation date of certain instructions on submitting comments substance of the change, the provisions. Commission finds that further notice and additional information on the and comment are unnecessary. The SUMMARY: The Food and Drug rulemaking process, see the provisions of 5 U.S.C. 801 regarding Administration (FDA) is providing a ‘‘Comments’’ heading of the Congressional review of Final Rules delay of the implementation date for SUPPLEMENTARY INFORMATION section of does not apply to this Final Rule, certain products subject to its final rule this document. because the rule concerns agency that established standardized format Docket: For access to the dockets to procedure and practice and will not and content requirements for the read background documents or substantially affect the rights of non- labeling of over-the-counter (OTC) drug comments received, go to http:// agency parties. products (drug facts rule). That final www.fda.gov/ohrms/dockets/ rule requires all OTC drug products to default.htm and/or the Division of Congressional Notification comply with new format and labeling Dockets Management, 5630 Fishers 12. The Commission has determined requirements within prescribed Lane, rm. 1061, Rockville, MD 20852. with the concurrence of the implementation periods. The agency FOR FURTHER INFORMATION CONTACT: Administrator of the Office of intends in a future issue of the Federal Gerald M. Rachanow, Center for Drug Information and Regulatory Affairs of Register to propose an amendment to Evaluation and Research (HFD–560), the Office of Management and Budget, Food and Drug Administration, 5600 that this rule is not a major rule within 16 See 5 U.S.C. 804(2)(2000). Fishers Lane, Rockville, MD 20857, the meaning of section 251 of the Small 17 See 5 U.S.C. 801(a)(1)(A)(2000). 301–827–2307.

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SUPPLEMENTARY INFORMATION: of this document had to comply with monograph to be finalized specifies a the drug facts rule ‘‘as of: (1) The next later date.’’ The restated implementation I. Background major revision to any part of the label chart can be found at 65 FR 38191 at In the Federal Register of March 17, or labeling after April 16, 2001, or (2) 38193. FDA concluded that this 1999 (64 FR 13254), FDA published a April 18, 2005, whichever occurs first.’’ additional language should alleviate any final rule establishing standardized possible ambiguities that might have B. Correction Document format and standardized content existed about when relabeling required requirements for the labeling of OTC In the Federal Register of April 15, by two different rules would have to drug products (drug facts rule). Those 1999 (64 FR 18571), FDA published a occur. A similar concept applies to requirements are codified in § 201.66. correction to the drug facts rule and FDA’s delay of the drug facts rule for Section 201.66(a) states that the changed its effective date from April 16, OTC sunscreen drug products discussed content and format requirements in 1999, to May 16, 1999. While FDA did in section III of this document. § 201.66 apply to the labeling of all OTC not explicitly discuss the drug products. In the drug facts rule and implementation plan and compliance II. Stay of the FM for OTC Sunscreen in subsequent documents, FDA dates for the drug facts rule, the Drug Products provided different dates by which OTC correction had the effect of changing the In the Federal Register of May 21, drug products had to comply with the compliance dates for the drug facts rule 1999 (64 FR 27666), FDA published the new requirements. These dates varied as follows: (1) The April 16, 1999, FM for OTC sunscreen drug products in according to the regulatory status of the compliance date became May 16, 1999; part 352. In the Federal Register of products (64 FR 13254 at 13273 and (2) the April 16, 2001, compliance date December 31, 2001 (66 FR 67485), FDA 13274). became May 16, 2001; and (3) the April stayed that final rule until further A. Compliance Dates for the Drug Facts 18, 2005, compliance date became May notice. FDA issued that partial stay Rule 16, 2005. because it intends to propose amendments to part 352 that address C. Partial Extension 1. Products in the OTC Drug Review both ultraviolet A and ultraviolet B Products for which a final monograph In the Federal Register of June 20, radiation protection. FDA stated that (FM) became effective on or after April 2000 (65 FR 38191), FDA published a because the agency has not yet 16, 1999, had to comply ‘‘as of: (1) The partial extension of compliance dates published the proposed amendment to applicable implementation date for that for the drug facts rule. FDA extended part 352, it is not possible for final monograph, (2) the next major the May 16, 2001, date to May 16, 2002 manufacturers of OTC sunscreen drug revision to any part of the label or (and the corresponding May 16, 2002, products to relabel and test their labeling after April 16, 2001, or (3) April date for products with annual sales of products in accord with an amended 18, 2005, whichever occurs first.’’ less than $25,000 to May 16, 2003). The FM by the, then current, effective date Combination drug products in which May 16, 2005, date was not changed. of December 31, 2002. Accordingly, one or more active ingredients were the FDA did not extend the date for FDA stayed part 352 until further notice subject of an FM, and one or more products marketed under an NDA or could be provided in a future issue of ingredients were still under review as of ANDA approved after May 16, 1999. the Federal Register. FDA added that it the effective date of the drug facts rule, FDA also made one minor change in the anticipated the new effective date had to comply as of the implementation implementation chart that appeared in would not be before January 1, 2005. date for the last applicable FM for the the drug facts rule (64 FR 13254 at The future document will contain combination, or as of April 16, 2001, 13274). That change involved proposed amendments to the drug facts whichever occurred first. Combination combination products subject to an OTC labeling currently included in part 352 products in which none of the active drug monograph or monographs in for OTC sunscreen drug products. At ingredients was the subject of an FM or which at least one applicable this time, FDA has not completed the monographs as of the effective date of monograph was finalized before May 16, proposed amendment of the sunscreen the drug facts rule had to comply ‘‘as of: 1999, and at least one applicable FM discussed in the December 31, 2001, (1) The implementation date of the last monograph was finalized on or after stay. applicable final monograph for the May 16, 1999. The final rule had stated the compliance date for such products III. FDA’s Delay of the Drug Facts Rule combination, (2) the next major revision for OTC Sunscreen Drug Products to any part of the label or labeling after as ‘‘Within the period specified in the April 16, 2001, or (3) April 18, 2005, last applicable monograph to be FDA has determined that a final whichever comes first.’’ finalized, or by May 16, 2002 (or by May amendment of the sunscreen FM will 16, 2003, if annual sales of the product not be completed by the May 16, 2005, 2. Products Marketed Under NDAs and are less than $25,000), whichever occurs final implementation date for the OTC ANDAs first.’’ FDA recognized that some final drug facts rule. FDA hopes to publish Products that were the subject of a monographs may be finalized close to the final amendment of the sunscreen drug application (NDA or ANDA) that the May 16, 2002, date. If that occurred, FM shortly after the May 16, 2005, was approved before April 16, 1999, had relabeling might be required at two implementation date. Thus, to avoid to comply with the drug facts rule as of closely related time intervals by two dual relabeling that might be required at April 16, 2001. Products that became different final rules. FDA added that it two closely related time intervals by two the subject of an approved NDA or would be aware of that possibility when different final rules, FDA believes the ANDA on or after April 16, 1999, were the last applicable monograph is final implementation date for the OTC required to comply with the drug facts published and would make allowance drug facts rule should also be rule at the time of approval (64 FR there to avoid this dual relabeling concurrently delayed as it applies to 13254 at 13274). within a short time period. Therefore, at OTC sunscreen drug products. For these the end of the time period for this reasons, FDA is delaying the May 16, 3. Additional Provisions specific type of combination product in 2005, implementation date for the drug In addition, any OTC drug product the implementation chart, FDA added facts rule as it applies to OTC sunscreen not described in sections I.A.1 and I.A.2 the words ‘‘unless the last applicable drug products until further notice. The

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new implementation date for these IV. Delay of May 16, 2005, Under the Regulatory Flexibility Act, products will be coordinated with the Implementation Date for Other OTC if a rule has a significant economic lifting of the stay for OTC sunscreen Drug Products impact on a substantial number of small drug products covered by part 352. FDA is not delaying the May 16, 2005, entities, an agency must analyze The delay in the implementation date implementation date for the drug facts regulatory options that would minimize for OTC sunscreen drug products will rule for any other OTC drug products in any significant impact of the rule on remain in effect until FDA publishes an this document. In a restated small entities. amended FM and provides a new implementation chart for the drug facts Section 202(a) of the Unfunded compliance date or until FDA issues rule published in the Federal Register Mandates Reform Act of 1995 requires further notice. In either case, the delay of April 5, 2002 (67 FR 16304 at 16306 that agencies prepare a written enables manufacturers of these products to 16307), FDA stated different dates by statement, which includes an to continue marketing them in their which OTC single entity or combination assessment of anticipated costs and present labeling formats pending drug products had to comply with the benefits, before proposing ‘‘any rule that completion of the amended FM. The drug facts rule when OTC drug includes any Federal mandate that may monographs were finalized after May labeling of these products still needs to result in the expenditure by State, local, 16, 1999. In all cases, the final comply with the Federal Food, Drug, and tribal governments, in the aggregate, implementation date was May 16, 2005, or by the private sector, of $100,000,000 and Cosmetic Act (the act) and other unless an FM specifies a different time applicable regulatory requirements. or more (adjusted annually for inflation) period. At this time, no FM has in any one year.’’ Notwithstanding this delay in the specified a different time period. FDA FDA concludes that this final rule is implementation date, manufacturers intends that all OTC drug products consistent with the principles set out in who wish to do so may still relabel the comply with the May 16, 2005, Executive Order 12866 and in these two affected products in the drug facts implementation date for the drug facts format, particularly when existing rule even if a final OTC drug monograph statutes. This final rule is not a labeling is exhausted and relabeling has not issued for a specific drug significant regulatory action as defined would occur in the normal course of product class. The only other exceptions by the Executive order and so is not business. are as follows: (1) OTC sunscreen drug subject to review under the Executive order. As discussed in this section, FDA To the extent that 5 U.S.C. 553 applies products discussed in this document and (2) OTC ‘‘convenience-size’’ drug has determined that this final rule will to this action, it is exempt from notice not have a significant economic impact and comment because it constitutes a products discussed in the April 5, 2002, partial delay of compliance dates for on a substantial number of small rule of procedure under 5 U.S.C. entities. The Unfunded Mandates 553(b)(3)(A). Alternatively, FDA’s labeling requirements for OTC human drugs. Reform Act does not require FDA to implementation of this action without prepare a statement of costs and benefits opportunity for public comment comes V. Analysis of Impacts for this final rule because the final rule within the good cause exceptions in 5 The economic impact of the drug facts is not expected to result in any 1-year U.S.C. 553(b)(3)(B) in that obtaining rule was discussed in the final rule (64 expenditure that would meet or exceed public comment is impracticable, FR 13254 at 13276 to 13285). This $100 million adjusted for inflation. The unnecessary, and contrary to the public partial delay of the May 16, 2005, current threshold after adjustment for interest. FDA is delaying the implementation date for OTC sunscreen inflation is about $110 million. compliance date of § 201.66 for OTC drug products provides additional time The purpose of this final rule is to sunscreen drug products because it for companies to relabel certain provide a partial delay of the May 16, intends to amend the FM for those products to comply with an amended 2005, implementation date by which products in the near future. That FM, to be published in a future issue of manufacturers need to relabel their OTC amendment will propose a new the Federal Register. This delay will sunscreen drug products. Accordingly, compliance date for those products to also reduce label obsolescence as under the Regulatory Flexibility Act, implement § 201.66 and provide an companies will have additional time to FDA certifies that this final rule will not opportunity to comment on this new use up more existing labeling. Thus, have a significant economic impact on date. In addition, given the imminence delaying the implementation date for a substantial number of small entities. of the current implementation date, these specific products will significantly No further analysis is required. seeking prior public comment on this reduce the economic impact of the final VI. Paperwork Reduction Act of 1995 delay is contrary to the public interest rule on manufacturers of these products. in the orderly issuance and FDA has examined the impacts of this final rule (partial delay of the This final rule contains no collections implementation of regulations. Notice of information. Therefore, clearance by and comment procedures in this compliance date) under Executive Order 12866 and the Regulatory Flexibility Act the Office of Management and Budget instance would create uncertainty, (5 U.S.C. 601–612), and the Unfunded under the Paperwork Reduction Act of confusion, and undue financial Mandates Reform Act of 1995 (Public 1995 is not required. hardship because, during the time that Law 104–4). Executive Order 12866 VII. Environmental Impact FDA would be proposing to extend the directs agencies to assess all costs and implementation date for § 201.66, those benefits of available regulatory FDA has determined under 21 CFR companies affected would have to be alternatives and, when regulation is 25.31(a) that this action is of a type that preparing to relabel to comply with the necessary, to select regulatory does not individually or cumulatively May 16, 2005, implementation date. In approaches that maximize net benefits have a significant effect on the human accordance with 21 CFR 10.40(e)(1), (including potential economic, environment. Therefore, neither an FDA is providing an opportunity for environmental, public health and safety, environmental assessment nor an comment on whether this delay should and other advantages; distributive environmental impact statement is be modified or revoked. impacts; and equity). required.

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VIII. Federalism SUMMARY: This document contains average daily trust fund account balance FDA has analyzed this final rule in corrections to final regulations (TD of less than $6.00 for the past 30 days. accordance with the principles set forth 9137) that were published in the The words ‘‘average daily’’ in that in Executive Order 13132. FDA has Federal Register on Friday, July 16, definition resulted in incorrect determined that the rule does not 2004 (69 FR 42551) relating to classifications by the Bureau’s business contain policies that have substantial partnership transactions involving offices. The more accurate definition of direct effects on the States, on the contracts accounted for under a long- an inmate without funds is one who has relationship between the National term contract method of accounting. not had a trust fund account balance of Government and the States, or on the DATES: This correction is effective July $6.00 for the past 30 days. We therefore distribution of power and 16, 2004. issue this technical correction. responsibilities among the various FOR FURTHER INFORMATION CONTACT: DATES: This rule is effective September levels of government. Accordingly, FDA Richard Probst at (202) 622–3060 (not a 3, 2004. Comments are due by has concluded that the rule does not toll-free number). November 2, 2004. contain policies that have federalism SUPPLEMENTARY INFORMATION: implications as defined in the Executive ADDRESSES: Rules Unit, Office of order and, consequently, a federalism Background General Counsel, Bureau of Prisons, 320 summary impact statement is not The final regulations that are the First Street, NW., Washington, DC required. subject of these corrections are under 20534. Our e-mail address is [email protected]. IX. Comments section 460 of the Internal Revenue Code. Interested persons may submit to the FOR FURTHER INFORMATION CONTACT: Division of Dockets Management (see Need for Correction Sarah Qureshi, Office of General ADDRESSES) written or electronic As published, TD 9137 contains errors Counsel, Bureau of Prisons, phone (202) comments regarding this document. that may prove to be misleading and are 307–2105. Submit a single copy of electronic in need of clarification. SUPPLEMENTARY INFORMATION: We amend comments or two paper copies of any Correction of Publication our regulations on Over-The-Counter mailed comments, except that (OTC) medications (28 CFR part 549, individuals may submit one paper copy. Accordingly, the publication of the subpart B). We published a final rule on Comments are to be identified with the final regulations (TD 9137), which was this subject in the Federal Register on docket numbers found in brackets in the the subject of FR Doc. 04–15833, is August 12, 2003(68 FR 47847). heading of this document and may be corrected as follows: accompanied by a supporting Previously, our rule defined an memorandum or brief. Received § 1.1362–3 [Corrected] inmate without funds as one who has comments may be seen in the Division I 1. On page 42559, column 2, § 1.1362– had an average daily trust fund account of Dockets Management between 9 a.m. 3, Par. 14., second line, the language, ‘‘by balance of less than $6.00 for the past and 4 p.m., Monday through Friday. adding a sentence is at the end of’’ is 30 days. The words ‘‘average daily’’ in corrected to read ‘‘by adding a sentence that definition resulted in incorrect X. Authority at the end of’’. classifications by the Bureau’s business This final rule (partial delay of offices. The more accurate definition of compliance date) is issued under Cynthia E. Grigsby, an inmate without funds is one who has sections 201, 501, 502, 503, 505, 510, Acting Chief, Publications and Regulations not had a trust fund account balance of and 701 of the act (21 U.S.C. 321, 351, Branch, Legal Processing Division, Associate $6.00 for the past 30 days. We therefore Chief Counsel (Procedures and 352, 353, 355, 360, and 371) and under Administration). issue this technical correction. authority of the Commissioner of Food [FR Doc. 04–20166 Filed 9–2–04; 8:45 am] and Drugs. Administrative Procedure Act BILLING CODE 4830–01–P Dated: July 30, 2004. The Administrative Procedure Act (5 Jeffrey Shuren, U.S.C. 553) allows exceptions to notice- Assistant Commissioner for Policy. DEPARTMENT OF JUSTICE and-comment rulemaking ‘‘when the [FR Doc. 04–18842 Filed 9–2–04; 8:45 am] agency for good cause finds * * * that BILLING CODE 4160–01–S Bureau of Prisons notice and public procedure thereon are impracticable, unnecessary, or contrary 28 CFR Part 549 to the public interest.’’ DEPARTMENT OF THE TREASURY [BOP–1129–I] This rulemaking is exempt from normal notice-and-comment procedures Internal Revenue Service RIN 1120–AB29 because it makes a minor technical correction in the wording of a Over-The-Counter (OTC) Medications: 26 CFR Part 1 definition. This change does not change Technical Correction [TD 9137] the substance or application of the AGENCY: Bureau of Prisons, Justice. definition. This rulemaking makes no RIN 1545–BA81 ACTION: Interim final rule. change to any rights or responsibilities of the agency or any regulated entities. Partnership Transactions Involving SUMMARY: This document makes a minor Because this minor change is of a Long-Term Contracts; Correction technical correction to the Bureau of practical nature, normal notice-and- AGENCY: Internal Revenue Service (IRS), Prisons (Bureau) regulations on Over- comment rulemaking is unnecessary. Treasury. The-Counter (OTC) medications. The public may, however, comment on Previously, our rule defined an inmate this rule change because it is an interim ACTION: Correction to final regulations. without funds as one who has had an final rule.

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Executive Order 12866 List of Subjects in 28 CFR Part 549 DATES: This temporary rule is effective This regulation has been drafted and Prisoners. from 9 a.m. to 10 a.m. on October 30, reviewed in accordance with Executive 2004. Harley G. Lappin, Order 12866, ‘‘Regulatory Planning and ADDRESSES: Documents referred to in Review’’, section 1(b), Principles of Director, Bureau of Prisons. this rule are available for inspection or Regulation. The Director of the Bureau I Under the rulemaking authority vested copying at the office of the Eighth Coast of Prisons has determined that this rule in the Attorney General in 5 U.S.C. Guard District, Bridge Administration is not a ‘‘significant regulatory action’’ 552(a) and delegated to the Director, Branch, 500 Poydras Street, New under Executive Order 12866, section Bureau of Prisons, we amend 28 CFR part Orleans, Louisiana 70130–3310, 3(f), and accordingly this rule has not 549 as follows. between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. been reviewed by the Office of SUBCHAPTER C—INSTITUTIONAL Management and Budget. MANAGEMENT The telephone number is (504) 589– 2965. The Eighth District Bridge Executive Order 13132 PART 549—MEDICAL SERVICES Administration Branch maintains the This regulation will not have public docket for this rulemaking. I substantial direct effects on the States, 1. The authority citation for 28 CFR FOR FURTHER INFORMATION CONTACT: on the relationship between the national part 549 continues to read as follows: David Frank, Bridge Administration government and the States, or on Authority: 5 U.S.C. 301; 18 U.S.C. 3621, Branch, (504) 589–2965. distribution of power and 3622, 3624, 4001, 4005, 4042, 4045, 4081, SUPPLEMENTARY INFORMATION: responsibilities among the various 4082 (Repealed in part as to offenses levels of government. Under Executive committed on or after November 1, 1987), Good Cause for Not Publishing an 4241–4247, 5006–5024 (Repealed October 12, NPRM Order 13132, this rule does not have 1984, as to offenses committed after that sufficient federalism implications for date), 5039; 28 U.S.C. 509, 510. We did not publish a notice of which we would prepare a Federalism proposed rulemaking (NPRM) for this Assessment. Subpart B—Over-The-Counter (OTC) regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists Regulatory Flexibility Act Medications for not publishing an NPRM. Thousands The Director of the Bureau of Prisons, I 2. Revise § 549.31(a) to read as follows: of pedestrians will cross the bridge under the Regulatory Flexibility Act (5 during the event and this temporary rule § 549.31 Inmates without funds. U.S.C. 605(b)), reviewed this regulation. is necessary to ensure their safety as By approving it, the Director certifies (a) The Warden must establish they cross the bridge. Additionally, the that it will not have a significant procedures to provide up to two OTC event will only impact the waterway economic impact upon a substantial medications per week for an inmate users for one hour and will open for number of small entities because: This without funds. An inmate without funds vessels in distress. rule is about the correctional is an inmate who has not had a trust Background and Purpose management of offenders committed to fund account balance of $6.00 for the the custody of the Attorney General or past 30 days. The City of Panama City has the Director of the Bureau of Prisons, * * * * * requested a temporary rule changing the and its economic impact is limited to [FR Doc. 04–20097 Filed 9–2–04; 8:45 am] operation of the Tarpon Dock bascule the Bureau’s appropriated funds. BILLING CODE 4410–05–P span drawbridge across Massalina Bayou, mile 0.0, in Panama City, Bay Unfunded Mandates Reform Act of County, Florida. This temporary rule is 1995 needed to accommodate approximately DEPARTMENT OF HOMELAND This rule will not cause State, local 2,000 pedestrians that are expected to SECURITY and tribal governments, or the private participate in a 3.5-mile walk. The sector, to spend $100,000,000 or more in Coast Guard bridge is near the beginning of the walk any one year, and it will not and allowing the bridge to open for significantly or uniquely affect small 33 CFR Part 117 navigation during this short time period governments. We do not need to take would disrupt the event and could action under the Unfunded Mandates [CGD08–04–031] result in injury. The bridge has a Reform Act of 1995. vertical clearance of 7 feet above mean RIN 1625–AA09 high water in the closed-to-navigation Small Business Regulatory Enforcement position and unlimited in the open-to- Fairness Act of 1996 Drawbridge Operation Regulation; Massalina Bayou, Panama City, FL navigation position. Navigation on the This rule is not a major rule as waterway consists primarily of defined by section 804 of the Small AGENCY: Coast Guard, DHS. commercial fishing vessels, sailing Business Regulatory Enforcement ACTION: Temporary rule. vessels and other recreational craft. Fairness Act of 1996. This rule will not Presently, Title 33, Code of Federal result in an annual effect on the SUMMARY: The Commander, Eighth Regulations (CFR), Part 117.301 states: economy of $100,000,000 or more; a Coast Guard District, has temporarily The draw of the Tarpon Dock bascule major increase in costs or prices; or changed the regulation governing the span bridge, Massalina Bayou, mile 0.0, significant adverse effects on operation of the Tarpon Dock bascule shall open on signal; except that from 9 competition, employment, investment, span drawbridge across Massalina p.m. until 11 p.m. on July 4, each year, productivity, innovation, or on the Bayou, mile 0.0, at Panama City, Bay the draw need not open for the passage ability of United States-based County, Florida. The regulation will of vessels. The draw will open at any companies to compete with foreign- allow the draw of the bridge to remain time for a vessel in distress. This based companies in domestic and closed to navigation for one hour to temporary rule will allow the bridge to export markets. facilitate the American Heart Walk. be maintained in the closed-to-

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navigation position from 9 a.m. to 10 and the Regional Small Business 13175, Consultation and Coordination a.m. on October 30, 2004 to facilitate the Regulatory Fairness Boards. The with Indian Tribal Governments, American Heart Walk. Ombudsman evaluates these actions because it does not have a substantial annually and rates each agency’s direct effect on one or more Indian Regulatory Evaluation responsiveness to small business. If you tribes, on the relationship between the This rule is not a ‘‘significant wish to comment on actions by Federal Government and Indian tribes, regulatory action’’ under section 3(f) of employees of the Coast Guard, call 1– or on the distribution of power and Executive Order 12866, Regulatory 888–REG–FAIR (1–888–734–3247). responsibilities between the Federal Planning and Review, and does not Government and Indian tribes. require an assessment of potential costs Collection of Information and benefits under section 6(a)(3) of that This rule calls for no new collection Energy Effects Order. The Office of Management and of information under the Paperwork We have analyzed this rule under Budget has not reviewed it under that Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions Order. It is not ‘‘significant’’ under the 3520). Concerning Regulations That regulatory policies and procedures of Federalism Significantly Affect Energy Supply, the Department of Homeland Security Distribution, or Use. We have A rule has implications for federalism (DHS). determined that it is not a ‘‘significant under Executive Order 13132, We expect the economic impact of energy action’’ under that order because this rule to be so minimal that a full Federalism, if it has a substantial direct effect on State or local governments and it is not a ‘‘significant regulatory action’’ Regulatory Evaluation under the under Executive Order 12866 and is not regulatory policies and procedures of would either preempt State law or impose a substantial direct cost of likely to have a significant adverse effect DHS is unnecessary. on the supply, distribution, or use of This temporary rule will be only one compliance on them. We have analyzed this rule under that Order and have energy. The Administrator of the Office hour in duration and is therefore of Information and Regulatory Affairs expected to have only a minor affect on determined that it does not have implications for federalism. has not designated it as a significant the local economy. energy action. Therefore, it does not Small Entities Unfunded Mandates Reform Act require a Statement of Energy Effects under Executive Order 13211. Under the Regulatory Flexibility Act The Unfunded Mandates Reform Act (5 U.S.C. 601–612), we have considered of 1995 (2 U.S.C. 1531–1538) requires Technical Standards whether this rule would have a Federal agencies to assess the effects of The National Technology Transfer significant economic impact on a their discretionary regulatory actions. In and Advancement Act (NTTAA) (15 substantial number of small entities. particular, the Act addresses actions U.S.C. 272 note) directs agencies to use The term ‘‘small entities’’ comprises that may result in the expenditure by a voluntary consensus standards in their small businesses, not-for-profit State, local, or tribal government, in the regulatory activities unless the agency organizations that are independently aggregate, or by the private sector of provides Congress, through the Office of owned and operated and are not $100,000,000 or more in any one year. Management and Budget, with an dominant in their fields, and Though this rule will not result in such explanation of why using these governmental jurisdictions with an expenditure, we do discuss the standards would be inconsistent with populations of less than 50,000. effects of this rule elsewhere in the The Coast Guard certifies under 5 preamble. applicable law or otherwise impractical. Voluntary consensus standards are U.S.C. 605(b) that this temporary rule Taking of Private Property will not have a significant economic technical standards (e.g., specifications This rule will not affect a taking of of materials, performance, design, or impact on a substantial number of small private property or otherwise have entities. operation; test methods; sampling taking implications under Executive procedures; and related management This rule may affect the following Order 12630, Governmental Actions and entities, some of which may be small systems practices) that are developed or Interference with Constitutionally adopted by voluntary consensus entities: the owners or operators of Protected Property Rights. vessels intending to transit through the standards bodies. Tarpon dock bridge across Massalina Civil Justice Reform This rule does not use technical standards. Therefore, we did not Bayou during the closure. There is not This rule meets applicable standards consider the use of voluntary consensus expected to be a significant impact due in sections 3(a) and 3(b)(2) of Executive to the short duration of the closure and Order 12988, Civil Justice Reform, to standards. the publicity given the event. minimize litigation, eliminate Environment ambiguity, and reduce burden. Assistance for Small Entities We have analyzed this rule under Under section 213(a) of the Small Protection of Children Commandant Instruction M16475.lD, Business Regulatory Enforcement We have analyzed this rule under which guides the Coast Guard in Fairness Act of 1996 (Pub. L. 104–121), Executive Order 13045, Protection of complying with the National we want to assist small entities in Children from Environmental Health Environmental Policy Act of 1969 understanding this rule so that they can Risks and Safety Risks. This rule is not (NEPA) (42 U.S.C. 4321–4370f), and better evaluate its effects on them and an economically significant rule and have concluded that there are no factors participate in the rulemaking process. does not cause an environmental risk to in this case that would limit the use of Small businesses may send comments health or risk to safety that may a categorical exclusion under section on the actions of Federal employees disproportionately affect children. 2.B.2 of the Instruction. Therefore, this who enforce, or otherwise determine temporary rule is categorically compliance with, Federal regulations to Indian Tribal Governments excluded, under figure 2–1, paragraph the Small Business and Agriculture This rule does not have tribal (32)(e), of the Instruction, from further Regulatory Enforcement Ombudsman implications under Executive Order environmental documentation because

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it modifies an existing bridge operation Veterans Health Administration, or Board’s authority under 38 U.S.C. 7109 regulation. National Cemetery Administration, and, therefore, is unlawful. This depending upon the origin of the comment actually concerns an interim List of Subjects in 33 CFR Part 117 appealed decision. This rulemaking is final rule amending 38 CFR 20.901 Bridges. required to simplify the appellate (specifically, section 20.901(a) Regulations process and to conform to a recent authorizing Board requests for medical decision from the United States Court of opinions from the VHA), which was I For the reasons set out in the preamble, Appeals for the Federal Circuit. published on July 23, 2001, in the the Coast Guard amends 33 CFR Part 117 DATES: Effective date: October 4, 2004. Federal Register (66 FR 38158). This as follows: Applicability date: The amendments particular comment is more in this final rule will apply to appeals appropriately addressed at length in the PART 117—DRAWBRIDGE pending before the Board on the OPERATION REGULATIONS final rulemaking notice amending 38 effective date of this final rule and to all CFR 20.901, which has been published I 1. The authority citation for Part 117 appeals for which a notice of recently in the Federal Register. disagreement is filed on or after the continues to read as follows: The commenter’s statements specific effective date of this final rule. Authority: 33 U.S.C. 499; Department of to the amendments finalized in this Homeland Security Delegation No. 0170.1; 33 FOR FURTHER INFORMATION CONTACT: document concern 38 CFR 20.903 and CFR 1.05–1(g); section 117.255 also issued Steven L. Keller, Senior Deputy Vice 20.1304(b)(2). In 38 CFR 20.903(a), the under the authority of Pub. L. 102–587, 106 Chairman, Board of Veterans’ Appeals second sentence is revised to require Stat. 5039. (01C), Department of Veterans Affairs, that a medical opinion obtained by the I 810 Vermont Avenue, NW., 2. Effective 9 a.m. until 10 a.m. on Board be provided to the appellant and Washington, DC 20420, (202–565–5978). October 30, 2004, § 117.301 is his or her representative, if any, rather temporarily suspended and a new SUPPLEMENTARY INFORMATION: The Board than to just the representative. With § 117.T302 is added to read as follows: of Veterans’ Appeals is the component regard to 38 CFR 20.1304(b)(2), the of the Department of Veterans Affairs § 117.T302 Massalina Bayou. changes are not substantive and involve (VA) in Washington, DC, that decides removing references to ‘‘paragraph (b) or The draw of the Tarpon Dock bascule appeals from denials of claims for (c)’’ and replacing those references with span bridge, Massalina Bayou, mile 0.0, veterans’ benefits. ‘‘paragraph (a) or (b).’’ Since these shall open on signal; except that from 9 On December 11, 2003, VA published a.m. until 10 a.m. on October 30, 2004, in the Federal Register (68 FR 69062), changes are not relevant to the the draw need not open for the passage a notice of proposed rulemaking to commenter’s concerns, we decline to of vessels. The draw will open at any remove the Board’s authority to develop make changes based on this comment. time for a vessel in distress. evidence for initial consideration. The Accordingly, the proposed rule is Dated: August 19, 2004. proposed rule would require the Board, adopted as a final rule without change. R.F. Duncan, with certain exceptions, to remand an Unfunded Mandates Rear Admiral, U. S. Coast Guard, appeal to the agency of original Commander, Eighth Coast Guard District. jurisdiction (AOJ) when there is a need The Unfunded Mandates Reform Act [FR Doc. 04–20118 Filed 9–2–04; 8:45 am] to obtain evidence, clarify the evidence, requires, at 2 U.S.C. 1532, that agencies BILLING CODE 4910–15–P correct a procedural defect, or take any prepare an assessment of anticipated other action deemed essential for a costs and benefits before developing any proper appellate decision. The proposed rule that may result in an expenditure DEPARTMENT OF VETERANS rule would also provide that the Board by State, local, or tribal governments, in AFFAIRS may consider additional evidence in the the aggregate, or by the private sector of first instance, without remand to the $100 million or more in any given year. 38 CFR Parts 19 and 20 AOJ, when the appellant or appellant’s This proposed rule would have no such representative waives this procedural effect on State, local, or tribal RIN 2900–AL77 right. In addition, the proposed rule governments, or the private sector. would redefine ‘‘agency of original Board of Veterans’ Appeals: Obtaining Regulatory Flexibility Act Evidence and Curing Procedural jurisdiction’’ to refer to the broad Defects administrative body within VA that The Secretary hereby certifies that governs the office from which the this final rule will not have a significant AGENCY: decision on appeal originated. As set Department of Veterans Affairs. economic impact on a substantial forth in the proposed rule, we are ACTION: Final rule. number of small entities as they are adopting the proposed rule as a final defined in the Regulatory Flexibility SUMMARY: This document adopts as final rule without change. the proposed rule amending the We received one comment from a Act, 5 U.S.C. 601–612. Only VA Appeals Regulations and Rules of veterans’ service organization opposing beneficiaries could be directly affected. Practice of the Board of Veterans’ the amendments in the proposed rule. Therefore, pursuant to 5 U.S.C. 605(b), Appeals (Board). The final rule removes We do not agree with the commenter’s this final rule is exempt from the initial the Board’s authority to develop objections. and final regulatory flexibility analysis evidence for initial consideration unless The veterans’ service organization requirements of sections 603 and 604. the appellant or appellant’s suggests that the proposed rule Paperwork Reduction Act representative waives the right to initial amending 38 CFR 20.903 and review by the agency of original 20.1304(b)(2), insofar as it relates to the The Secretary hereby certifies that jurisdiction of new evidence received by Board’s consideration of medical this final rule contains no provisions the Board. The final rule also redefines opinions obtained by the Board from the constituting a collection of information ‘‘agency of original jurisdiction’’ to refer Veterans Health Administration (VHA) under the Paperwork Reduction Act (44 to the Veterans Benefits Administration, pursuant to 38 CFR 20.901, exceeds the U.S.C. 3501–3521).

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Executive Order 12866 Subpart B—Appeals Processing by I d. Adding new paragraph (c). This regulatory amendment has been Agency of Original Jurisdiction I e. In newly designated paragraph (d), adding a new sentence immediately after reviewed by the Office of Management § 19.38 [Amended] and Budget under the provisions of ‘‘additional evidence in rebuttal.’’ Executive Order 12866. I 3. Section 19.38 is amended by The additions read as follows: removing ‘‘the Board and’’ from the third List of Subjects in 38 CFR Parts 19 and sentence. § 20.1304 Rule 1304. Request for change 20 in representation, request for personal PART 20—BOARD OF VETERANS’ hearing, or submission of additional Administrative practice and evidence following certification of an appeal procedure, Claims, Veterans. APPEALS: RULES OF PRACTICE to the Board of Veterans’ Appeals. Approved: May 3, 2004. I 4. The authority citation for part 20 * * * * * Anthony J. Principi, continues to read as follows: (c) Consideration of additional Secretary of Veterans Affairs. Authority: 38 U.S.C. 501(a) and as noted in evidence by the Board or by the agency I For the reasons set out in the preamble, specific sections. of original jurisdiction. Any pertinent 38 CFR parts 19 and 20 are amended as evidence submitted by the appellant or I 5. Section 20.3 is amended by revising set forth below: representative which is accepted by the paragraph (a) to read as follows: Board under the provisions of this PART 19—BOARD OF VETERANS’ § 20.3 Rule 3. Definitions. section, or is submitted by the appellant APPEALS: APPEALS REGULATIONS or representative in response to a * * * * * § 20.903 of this part, notification, as I 1. The authority citation for part 19 (a) Agency of original jurisdiction well as any such evidence referred to continues to read as follows: means the Department of Veterans the Board by the agency of original Authority: 38 U.S.C. 501(a), unless Affairs activity or administration, that jurisdiction under § 19.37(b) of this otherwise noted. is, the Veterans Benefits Administration, chapter, must be referred to the agency Veterans Health Administration, or of original jurisdiction for review, Subpart A—Operation of the Board of National Cemetery Administration, that unless this procedural right is waived Veterans’ Appeals made the initial determination on a by the appellant or representative, or claim. I 2. Section 19.9 is amended by revising unless the Board determines that the * * * * * the section heading and paragraphs (a) benefit or benefits to which the I and (b) to read as follows: 6. Section 20.903 is amended by: evidence relates may be fully allowed I a. Revising the second sentence in on appeal without such referral. Such a § 19.9 Remand for further development. paragraph (a); waiver must be in writing or, if a (a) General. If further evidence, I b. Removing paragraph (b); hearing on appeal is conducted, the I clarification of the evidence, correction c. Redesignating paragraph (c) as waiver must be formally and clearly of a procedural defect, or any other paragraph (b); and I entered on the record orally at the time action is essential for a proper appellate d. Revising the first sentence in newly of the hearing. Evidence is not pertinent decision, a Veterans Law Judge or panel redesignated paragraph (b). if it does not relate to or have a bearing The revisions read as follows: of Veterans Law Judges shall remand the on the appellate issue or issues. case to the agency of original § 20.903 Rule 903. Notification of evidence (d) * * * For matters over which the jurisdiction, specifying the action to be secured and law to be considered by the Board does not have original undertaken. Board and opportunity for response. jurisdiction, a waiver of initial agency of (b) Exceptions. A remand to the (a) * * * When the Board receives the original jurisdiction consideration of agency of original jurisdiction is not opinion, it will furnish a copy of the pertinent additional evidence received necessary for the purposes of: opinion to the appellant, subject to the by the Board must be obtained from (1) Clarifying a procedural matter limitations provided in 38 U.S.C. each claimant in accordance with before the Board, including the 5701(b)(1), and to the appellant’s paragraph (c) of this section. * * * appellant’s choice of representative representative, if any. * * * [FR Doc. 04–19693 Filed 9–2–04; 8:45 am] before the Board, the issues on appeal, (b) * * * If, pursuant to § 19.9(b)(2) of or requests for a hearing before the this chapter, the Board intends to BILLING CODE 8320–01–P Board; consider law not already considered by (2) Consideration of an appeal, in the agency of original jurisdiction and accordance with § 20.903(b) of this such consideration could result in POSTAL SERVICE chapter, with respect to law not already denial of the appeal, the Board will 39 CFR Part 111 considered by the agency of original notify the appellant and his or her jurisdiction. This includes, but is not representative, if any, of its intent to do Standards Governing the Design of limited to, statutes, regulations, and so and that such consideration in the Wall-Mounted Centralized Mail court decisions; or first instance by the Board could result Receptacles (3) Reviewing additional evidence in denial of the appeal. * * * received by the Board, if, pursuant to I 7. Section 20.1304 is amended by: AGENCY: Postal Service. § 20.1304(c) of this chapter, the I a. In paragraphs (a) and (b)(1)(ii), ACTION: Final rule. appellant or the appellant’s removing ‘‘paragraph (c)’’ from each, and representative waives the right to initial adding, in each place, ‘‘paragraph (d)’’. SUMMARY: This final rule replaces consideration by the agency of original I b. In paragraph (b)(2), removing United States Postal Service (USPS) jurisdiction, or if the Board determines ‘‘paragraph (b) or (c)’’ each place it Standard 4B, Receptacles, Apartment that the benefit or benefits to which the appears, and adding, in each place, House, Mail, which governs the design evidence relates may be fully allowed ‘‘paragraph (a) or (b)’’. of wall-mounted centralized mail on appeal. I c. Redesignating paragraph (c) as receptacles whether utilized in * * * * * paragraph (d). commercial, residential, mixed

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residential or other types of structures. The members of the committee met six present only as possible compartment The new standard was developed times as an advisory group and configurations. through a consensus process and was negotiated among themselves and with 3. Eliminates the vertical form factor agreed to by a committee of the Postal Service to reach a consensus (5″w × 6″d × 15″h) design. The letter representatives from mailbox on a new standard. Committee members carrier delivers mail into the receptacle manufacturers; mailbox distributors; were selected for the purpose of, and through the top of the receptacle down mailbox installers and servicers; Postal accepted the responsibility for, into the customer compartment. Service customers; multi-unit representing other interested 4. Introduces a parcel locker residential and commercial property individuals and organizations that were requirement based on a 1:10 parcel builders, owners, and managers; and the not present at committee meetings and locker to customer compartment ratio. Postal ServiceTM. In addition, Domestic to keep them informed of the 5. Strengthens security requirements Mail Manual (DMMTM) standards committee’s proceedings. As part of the for the entire receptacle. provide manufacturers and customers consensus process, the Postal Service 6. Standardizes and improves tenant with notice of the specifications. agreed to use a recommendation by the compartment customer lock design. 7. Adds testing requirements to verify EFFECTIVE DATE: October 4, 2004. committee as the basis of the revised acceptability for either indoor or FOR FURTHER INFORMATION CONTACT: standard. Standard 4C represents the outdoor use. Stephen A. Landi, (202) 268–2198. committee’s recommendation. With one 8. Incorporates a preliminary review SUPPLEMENTARY INFORMATION: As exception, each member of the by Postal Service engineers intended to justification for changes to Standard 4B, committee signed the final agreement identify design discrepancies before the Postal Service presented the recommending adoption of this manufacturers build prototypes and committee with evidence of changing standard. That one committee member, make tooling investments. customer mailing habits and specific a builders association, though 9. Allows manufacturers to submit mail and package volume trends. Postal supportive of the process and generally their designs to approved independent Service statistics indicate customers in concurrence with the new standard, laboratories for initial environmental receive more mail and of varying sizes declined to sign the agreement because and functional testing. The Postal today than at the time of the last a provision of the adopted standard Service will perform security tests. updated standard. A new standard establishes a minimum ratio of parcel 10. Introduces quality management would provide designed receptacles lockers to customer compartments. This systems provisions. with increased protection for the mail, committee member stated its concerns 11. Enhances design flexibility for benefiting both senders and addressees; in a comment submitted on the concept, ergonomics, and materials. would improve the overall safety of the proposed rule, which the Postal Service 12. Meets Americans with Disabilities equipment in use; should reduce will address with the other comments Act (ADA) standards. maintenance costs incurred by received. 13. Provides a progressive phase-in buildings; and would result in cleaner The current standard, adopted in period to allow consumers to become lobbies with less clutter. Finally, the 1975, prescribes design limitations that aware of the new standard and include newly designed receptacle would be are no longer consistent with the it in development plans. easier to access and serve by carriers, operational requirements of the Postal Analysis of Comments thereby helping to reduce Postal Service Service. The revised Standard 4C is costs. consistent with the day-to-day use of the The Postal Service received four In a proposed rule published in the mail by Postal Service customers, comments in response to the proposal. Federal Register on April 21, 2004 [69 addresses the operational needs of the Two commenters, a building material FR 21455], the Postal Service proposed Postal Service, and provides security for supplier and a trade association of to replace United States Postal Service mail through improved design of the builders that was a member of the Standard 4B, Receptacles, Apartment equipment. The previous standard was consensus committee, submitted House, Mail, with a new standard, entitled United States Postal Service comments. designated United States Postal Service Standard 4B, Receptacles, Apartment The two individual commenters Standard 4C, Wall-Mounted Centralized House, Mail. The revised standard is expressed a concern that the committee Mail Receptacles. The proposal also entitled United States Postal Standard did not include any party representing included new provisions in the 4C, Wall-Mounted Centralized Mail the interests of individual apartment Domestic Mail Manual (DMM) to Receptacles. The Postal Service made residents. However, in establishing the provide manufacturers and customers the change in the title solely to reflect committee, the Postal Service attempted notice of the new standard. The Postal that the standard applies to receptacles to assure representation of all interests. Service received four comments. After in a variety of residential and Before the selection of the committee, thorough consideration of the issues commercial buildings, and not only the Postal Service chose a facilitator raised in these comments, and for the ‘‘apartments.’’ The final rule does not who attempted to identify all interests reasons discussed below, the Postal result in any change in Postal Service and secure a suitable representative for Service adopts the rules as proposed. policies concerning the purchase of this each. The Postal Service also published As discussed in the proposal, a Postal delivery equipment or the provision of a notice in the Federal Register and Service Apartment Mailbox Consensus delivery equipment for Postal Service other publications announcing its Committee, which included customers previously in effect under intention to revise this mailbox representatives of mailbox Standard 4B. standard, employing a negotiated manufacturers; mailbox distributors; The new standard does the following: rulemaking process, and identifying mailbox installers and servicers; Postal 1. Creates a new form factor and those whom it planned to invite. The Service customers; multi-unit increases the minimum size notice encouraged any member of the residential and commercial property requirement to 12″w × 15″d × 3″h. public who believed he/she was not builders, owners, and managers; and the 2. Introduces 12 suggested design adequately represented to seek Postal Service, developed the new types. Note: The allowable design types committee membership. The Postal standard through a consensus process. are not limited to these 12, which we Service received no applications by

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representatives from the ‘‘general installation of these receptacles and compartment, coupled with the parcel public’’. After the committee convened, asserted the opinion that this locker requirement, and the resulting the Postal Service and the committee requirement would give the Postal increase in the ‘‘footprint’’ for the facilitator continued to seek out Service an advantage over other parcel equipment. The committee recognized representatives of apartment and delivery companies that cannot require that increased size would present condominium dwellers. Some buildings to provide such receptacles. challenges and create pressures on apartment and condominium residents The Postal Service does not, of course, lobby size, architectural design, attended meetings and participated require its customers to provide industry education, and construction actively, but chose not to serve as receptacles. Rather, it establishes the costs. The committee debated these committee members. Further, the Postal type of equipment that customers, factors and reached compromises that Service ensured that all committee including multi-unit residential and address those concerns by allowing meetings were open to the public, and commercial structures, must provide if buildings currently under design, as that every individual who expressed they wish to receive postal delivery well as buildings just beginning any interest in wall-mounted service. Moreover, the new standard construction, time for approval of plans centralized mail receptacles received does not invariably require the without requiring modifications. The notice of meetings and copies of all installation of parcel lockers when committee established a timeline for relevant documents in advance. receptacles meeting the requirements of mandatory compliance in new Moreover, even though none of the Standard 4C are installed. There are construction, at 2 years from the committee members directly certain buildings that will be exempt publication of the final rule. This represented apartment residents, from the requirement (i.e., buildings timeline allows committee members and members shared some of the substantive with relatively few units). Moreover, to the Postal Service time to educate the concerns expressed by the individual be exempt from the requirement, public and members and employees of commenters. For example, building buildings may provide an alternative their respective organizations of the managers, owners, and builders shared procedure for delivery of parcels. provisions of the Standard 4C. the concern for affordable receptacles; The parcel locker requirement is Moreover, as briefly noted above, the and Postal Service customers shared the consistent with the Postal Service’s standard does not require parcel lockers concern that the receptacles should be statutory responsibility to provide an in buildings with less than 10 customer secure and large enough to allow mail efficient system for the delivery and compartments, and establishes the delivery without damage. collection of mail (39 U.S.C. 403(b)(1)). parcel locker to customer compartment Two commenters noted issues with Although the receptacles are commonly ratio at 1:10 in buildings with more than retrofitting; i.e. replacement of called ‘‘parcel lockers,’’ the Postal 10 customer compartments. The receptacles that met the specifications Service will use them for more than the standard provides that postmasters shall in effect at the time of their installation delivery of parcels. For example, for consider and may excuse buildings from with receptacles that meet the delivering mail held pursuant to a the need to provide parcel lockers if specifications in Standard 4C. The customer’s request during the period they have an agreement in place with committee discussed retrofitting at while a customer is absent, and for the building owners or property length from the first meeting until near periodically delivering mail to managers that establishes an alternate the midpoint of the meetings, at which customers whose volume exceeds the parcel delivery service (e.g., concierge time members reached consensus on size of their assigned receptacle. service or acceptance at the building how to address retrofitting concerns. Accordingly, they will be used for a management office). The standard These discussions generally contrasted broader variety of matter than that allows flexibility in the location of the benefits of retrofitting against the generally delivered by parcel delivery costs of purchasing new receptacles companies and will save the Postal parcel lockers (subject to local approval) and, in some cases, making structural Service the time and expense needed to if not fully integrated in the mail alterations necessary to accommodate attempt redelivery of mail, and receptacle or if located adjacent to those boxes. Committee members also customers the time and expense of trips customer compartments. The standard raised concerns involving building to a Postal Service facility to retrieve also recognizes that some commercial codes, waivers, historical buildings, and mail that could not be delivered. and residential buildings provide objective standards that might trigger a However, even if the parcel lockers receptacles for tenants that exceed the retrofitting requirement. The committee were only used for parcels, the adoption minimum size requirements and can agreed that building owners and of the parcel locker requirement would accommodate parcels. property managers might retrofit be fair. The commenter observed that Commenters also addressed the voluntarily; and that such voluntary the cost of the receptacles will potentially increased cost of new retrofits might be encouraged. However, ultimately be passed on by building receptacles to property owners/ the new standard imposes no general owners to residents. Therefore, the managers and the possibility of property retrofit requirement. residents would ultimately bear the owners/managers passing these cost One commenter raised the concern costs of their mail delivery, which also increases on to their tenants. The that Postal Service officials might allow seems fair. The alternative would be committee included manufacturers of the use of non-Postal Service-approved that the Postal Service incur the costs apartment mailboxes who estimated mail receptacles. However, the standard and pass them on to all customers, increases in cost for materials, did not change the general and through postal rates, even though they components, and tooling would vary longstanding requirement that, in order may not be residents of multi-unit between 15 and 30 percent over current to receive delivery service, the Postal structures. Parcel delivery companies costs depending on many factors Service must approve the delivery would also pass their costs on, through including the size and abilities of the equipment provided by the customer. the rates they charge, to the specific manufacturer, the materials and One commenter objected to the customers that use their services rather components they use to manufacture requirement that parcel lockers be than to all residents of the country. mail receptacles, and market conditions. provided. It questioned the Postal Two commenters raised as an issue One commenter questioned whether Service’s authority to require the the changes in the size of the customer these estimates were accurate, although

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it did not provide any information Service must approve the boxes. In submissions within the 365-day period. suggesting the estimates are inaccurate. order to receive approval under USPS Engineering will respond to each Another commenter alleged that the Standard 4C, the manufacturer must submittal within 45 days. costs might increase by a factor of ‘‘ten submit the receptacle(s), along with the 6. A previously approved vendor to twelve times,’’ questioning whether supporting materials listed in section 6 must submit written notification within the resultant costs were worth the of the standard, to the Postal Service at the 60-day period to manufacture and benefits that would result from the new the following address: distribute equipment that meets standards, but did not provide evidence Attn: Delivery and Retail Systems, Standard 4B+ requirements. However, to support its cost estimates. The Postal USPS Engineering, 8403 Lee Hwy, the vendor may elect to submit Service does not have any basis to Merrifield Va 22082–8101. equipment for approval to the believe the committee’s cost estimates Re-Approval of Standard Receptacles, requirements set forth in section 6 of understate the future price increases for Apartment House, Mail USPS STD 4B+ Standard 4C. receptacles meeting the Standard 4C List of Subjects in 39 CFR Part 111 requirements, and believes the benefits The re-approval process for will justify the changes. manufacturers with mailbox designs Postal Service. One commenter questioned the need that were approved before the final for upgraded security for delivery publication date of Standard 4C will be PART 111—[AMENDED] equipment. This commenter felt the conducted as follows: (The approval I 1. The authority citation for 39 CFR security level of current boxes was process for all other wall-mounted part 111 continues to read as follows: sufficient, a position not supported by receptacle designs will be conducted in the committee nor the Postal Service. accordance with section 6 of Standard Authority: 5 U.S.C. § 552(a), 39 U.S.C. USPS Engineering and the Postal 4C.) §§ 101, 401, 403, 404, 3001–3011, 3201–3219, Inspection Service demonstrated that 1. The Postal Service will permit, for 3403–3406, 3621, 3626, 5001. better equipment would improve the 180 days after publication in the I 2. Revise the Domestic Mail Manual security of personal information from Federal Register of the final rule, (DMM) as follows: current Postal Service Standard 4B- identity theft. They provided historical Domestic Mail Manual (DMM) documentation of mail theft and approved equipment for new demonstrated proven methods of attacks installations or as replacement for * * * * * existing boxes. After the 180-day period on mail equipment. From 2000 to 2002, D Deposit, Collection, and Delivery Inspection Service statistics indicate has elapsed, the Postal Service will no that reported attacks on wall-mounted longer authorize the distribution and D000 Basic Information boxes increased from 988 in FY 2000 to installation of equipment approved * * * * * 2,819 in FY 2002. While it is not under Standard 4B or install Arrow economically feasible to require locks in this equipment. D040 Delivery of Mail equipment that will protect receptacles 2. Only manufacturers with current, D041 Customer Mail Receptacles Postal Service-approved Standard 4B against all potential attacks, this final [Add new section 3.0, to read as designs may submit design and product rule provides equipment that will follows] increase mail security and help to for recertification to Standard 4B+. reduce the incidences of theft. This 3. The Postal Service will notify 3.0 WALL-MOUNTED CENTRALIZED effort is consistent with other ongoing currently approved manufacturers MAIL RECEPTACLES within two (2) business days after final Postal Service initiatives to improve 3.1 Manufacturer Requirements mail security and customer ease of use publication of Standard 4C in the in mail delivery equipment. Federal Register that they may submit Manufacturers of wall-mounted A commenter also asked whether the their equipment for recertification. The centralized mail receptacles used for Postal Service would supply these Postal Service will provide a copy of mail delivery must receive approval receptacles to customers and whether Standard 4B+ Change Notice #2, which under the specifications and procedures there would be more than two outlines the Standard 4B+ requirements. set forth in USPS Standard 4. The authorized suppliers. As explained All equipment must be submitted to: specifications and other applicable above, this rulemaking will not result in Attn: Delivery and Retail Systems, USPS information can be obtained by writing any changes in Postal Service policies Engineering, 8403 Lee Highway, to USPS Engineering (see G043 for concerning the provision of delivery Merrifield, Va 22082–8101. address) or from equipment. Rather, owners/managers of 4. Manufacturers will have 60 days [email protected]. after receipt of this notification to multi-unit buildings will remain 3.2 Customer Requirements responsible for the provision of wall- submit a written response to USPS mounted centralized mail receptacles Engineering of their intent to submit The installation of proper equipment required for delivery service. Moreover, equipment for recertification to is required for the provision of delivery the rule does not establish any limit on Standard 4B+. service. The type of equipment must be the number of manufacturers authorized 5. Manufacturers who have properly approved by the Postal Service under to manufacture and distribute notified the Postal Service of their intent 3.1 and must be appropriate for the receptacles meeting the specifications of to manufacture equipment to Standard structure. Customers should discuss the Standard 4C; any manufacturers 4B+ under step 4 have 365 days from types of approved equipment permitted (currently six) that meet the the date of publication of the final rule for their structures with their postmaster specifications may apply for and receive to gain the necessary approval for the before purchasing and installing an authorization to produce and receptacle under Standard 4B+. delivery equipment. Additional distribute such boxes. However, a vendor may not make an information is available at additional submission until it has [email protected]. Approval Process for Receptacles received a decision from the Postal * * * * * In order to be eligible for Postal Service on a pending submission. A I 3. Replace USPS–STD–4B with USPS– Service carrier mail delivery, the Postal vendor may make unlimited STD–4C as set forth below:

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U.S. Postal Service Standard Wall- collection compartment with separate are incorporated by reference as part of Mounted Centralized Mail Receptacles outgoing mail slot and Arrow lock door. this standard. Type VII, Rear Loader (No Parcel 1. Scope United States Postal Service—POM, Compartment)—A family of mail Postal Operations Manual 1.1 Scope—This standard covers the receptacles in a single column Copies of the applicable sections of design, testing, and acceptance of wall- configuration with a rear access cover the Postal Operations Manual can be mounted, centralized mail receptacles. design, a minimum of 3 and a maximum obtained from USPS Delivery and The use of this standard is mandatory of 9 customer compartments, and 1 mail Retail, 475 L’Enfant Plaza SW, and the receptacles shall conform to this collection compartment. Washington, D.C. 20260–6200. Type VIII, Front Loader (No Parcel standard in order to be approved by the USPS–L–1172—Locks, Compartment, TM Compartment)—A family of mail Postal Service . Customer—PSIN O910 1.2 Suggested Design Types—Wall- receptacles in a double column Copies of United States Postal mounted, centralized mail receptacles configuration with a double master door Service specifications, standards and may be of the general types as shown in design, a minimum of 3 and a maximum drawings may be obtained from USPS figures 1 through 12. The depicted of 19 customer compartments, and 1 Delivery and Industrial Equipment representations are only examples of mail collection compartment with CMC, Greensboro, NC 27498–0001. possible compartment configurations. separate outgoing mail slot and Arrow 2.3 Non-Government Documents— The intention of these figures is not to lock door. The following documents of the latest dictate specific designs and Type IX, Rear Loader (No Parcel issue are incorporated by reference as compartment arrangements, but to Compartment)—A family of mail part of this standard. portray design examples that meet the receptacles in a double column requirements. In all cases, the units configuration with a rear access cover STANDARDS—American Society for shall be designed for fully recessed wall design, a minimum of 3 and a maximum Testing and Materials (ASTM) ASTM G85 Standard Practice for mounting. of 19 customer compartments, and 1 mail collection compartment. Modified Salt Spray (Fog) Testing Type I, Front Loader—A family of ASTM D968 Standard Test Methods mail receptacles in a single column Type X, Front Loader, Parcel Only (No Master Door)—A family of parcel for Abrasion Resistance of Organic configuration with a single master door Coatings by Falling Sand design, a minimum of 3 and a maximum receptacles in a single column configuration without a master door ASTM D3801 Standard Test Methods of 8 customer compartments, 1 mail for Measuring the Comparative collection compartment with separate design. These units are designed to provide separate parcel delivery Burning Characteristics of Solid outgoing mail slot and Arrow lock door, Plastics in a Vertical Position and 1 parcel compartment. capability for wall-mounted centralized mail receptacles installed without Copies of the preceding documents Type II, Front Loader—A family of may be obtained from the American mail receptacles in a double column integral parcel compartments. Type XI, Front Loader, Parcel Only— Society for Testing and Materials, 100 configuration with a double master door Barr Harbor, West Conshohocken, PA design, a minimum of 3 and a maximum A family of parcel receptacles in a single column configuration with a master 19428–2959. (http://www.astm.org) of 16 customer compartments, 1 mail Underwriters Laboratories—UL 771, collection compartment with separate door design. These units are designed to provide separate parcel delivery Night Depositories (Rain Test Only) outgoing mail slot and Arrow lock door, Copies of the preceding document can and 1 or 2 parcel compartments. capability for wall-mounted, centralized mail receptacles installed without be obtained from Underwriters Type III, Front Loader—A family of integral parcel compartments. Laboratories Inc., 333 Pfingsten Road, mail receptacles in a double column Type XII, Rear Loader, Parcel Only— Northbrook, IL 60062–2096. (http:// configuration with a single master door A family of parcel receptacles in a single www.ul.com) design, a minimum of 3 and a maximum column configuration with a rear access of 16 customer compartments, 1 mail 3. Requirements cover design. These units are designed collection compartment with separate to provide separate parcel delivery 3.1 General Design and outgoing mail slot and Arrow lock door, capability for wall-mounted, centralized Construction–The general and 1 or 2 parcel compartments. mail receptacles installed without configurations of the wall-mounted, Type IV, Rear Loader—A family of integral parcel compartments. centralized mail receptacles shall mail receptacles in a single column 1.3 Approved Manufacturers—A list conform to the requirements as configuration with a rear access cover of approved manufacturers is available described in this standard. The design, a minimum of 3 and a maximum upon request from: USPS Engineering, receptacles shall be designed and of 8 customer compartments, 1 mail Delivery and Retail Systems, 8403 Lee constructed so that they can be serviced collection compartment, and 1 parcel Highway, Merrifield Va 22082–8101. according to the intended method, front compartment. 1.3.1 Interested Manufacturers— or rear access. The receptacles shall be Type V, Rear Loader—A family of Manufacturers interested in selling wall- designed to allow wall mounting in mail receptacles in a double column mounted, centralized mail receptacles to accordance with the installation configuration with a rear access cover the public are required to obtain Postal requirements as stipulated in this design, a minimum of 3 and a maximum Service approval. See section 6 for the document and the applicable sections of of 16 customer compartments, 1 mail application process. the current Postal Operations Manual collection compartment, and 1 or 2 (POM) as referenced in section 2.2. The parcel compartments. 2. Applicable Documents receptacle design shall preclude access Type VI, Front Loader (No Parcel 2.1 Specifications and Standards— from one compartment to another and it Compartment)—A family of mail Except where specifically noted, the shall provide the required level of receptacles in a single column specifications set forth herein shall security for all receptacle contents and configuration with a single master door apply to all receptacle designs. resistance to vandalism. The clearance design, a minimum of 3 and a maximum 2.2 Government Documents—The between shelving sides and interior of 9 customer compartments and 1 mail following documents of the latest issue sides or rear walls shall prevent the

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passage of a 31⁄2-inch (height) by 5-inch requirements listed in this section. In locked. This door shall not be numbered (length) by .007-inch thick card from addition, each type of compartment or lettered. one compartment to another. doors shall meet any unique door 3.5.4 Collection Mail Compartment The design of all wall-mounted, requirements as described in 3.5.1 Blanking Plate (Rear Loader Designs)— centralized mail receptacles may be of through 3.5.4 below. Rear loader receptacles shall have a the Types specified in 1.2. The design All compartments of front loading blanking plate, sized to cover a of all receptacles shall be such that the receptacles shall have their own door minimum 3 inches high by 12 inches unit can be installed either indoors or and shall be hinged on the right. The wide compartment, directly beneath the outdoors. Outdoor installations shall be door hinges shall be concealed or collection mail slot. This plate ensures in compliance with conditions as designed to prevent tampering. The a minimally acceptable compartment described in this document and the doors shall be designed to open, close, volume for the customer outgoing mail applicable sections of the POM without and lock without binding or excessive on rear loaders. damage or deterioration to the materials play. All doors shall open a minimum 3.6 Master Loading Door(s) of the receptacle or to its contents. Each of 90 degrees. The clearance between 3.6.1 Front Loader Designs—These unit shall be made of the exact door and door opening shall be evenly units shall be equipped with a master materials, construction, coating, finish, spaced, consistent in size, and loading door(s) on the same side as the etc., as shown on the manufacturer’s minimized to preclude prying with such individual compartment and parcel drawings, which are identified and simple tools as knives, screwdrivers, doors. The master loading door(s) shall certified by the Postal Service. The thin metal strips, etc. allow access to all the unit’s customer compartments and parcel compartments overall height, width, and depth of any Optional compartment heights, for the deposit of letter mail and parcels receptacle shall be such that all the requiring doors or blanking plates larger and the collection of customer outgoing applicable mounting requirements shall than the minimum, shall be allowable, mail. The master loading doors shall be be met. except as stated in section 3.5.3. designed not to interfere with the All front loading receptacles shall However, no offered compartment have fixed solid backs. loading of customer and parcel height shall preclude any of the critical 3.2 Materials—Latitude shall be compartments. These doors shall be installation requirements, or any other allowed in the materials used. The designed so the withdrawal of mail thickness, form, and mechanical and requirement, from being met. In through the individual customer doors chemical properties of the material shall addition, no compartment size shall be allows the mail to slide smoothly over be adequate to meet the operational, offered as ‘‘approved’’ that is larger than any parts of the master, customer, or structural, and performance any Postal Service tested and approved parcel doors. The master loading door(s) requirements set forth in this standard. size for that particular manufacturer. shall be easy to open and close. For any Materials must be compatible with each 3.5.1 Customer Compartment double master loading door design, the other; nontoxic and nonirritating to Doors—Once opened, a customer door doors shall be hinged on opposite sides humans. Dissimilar metals shall be shall remain in the opened position and latched at the center of the unit. protected against galvanic corrosion. until closed and locked. Each door shall The door hinges shall be continuous or The material used in the fabrication of permit the mounting of a lock as concealed and designed to prevent this equipment shall be new, suitable required by 3.10.1. tampering. The doors shall lock in the for the purpose used, free from all 3.5.2 Parcel Compartment Doors— open position by an automatic self- defects, and of the best commercial The doors shall be spring loaded to locking device until the delivery quality for this type of equipment. return the doors to the fully closed employee completes loading. The doors 3.3 Colors, Coatings and Finishes— position. The spring shall be of shall be held open at an angle of 90 Exterior colors and finishes of the sufficient strength to close the door from degrees (+5, ¥0). The delivery receptacles, in general, shall be optional any opened position. The strength of the employee shall be able to easily release with the manufacturer. Any finish or spring shall not be excessive as to create the hold open device to close the door coating selected should meet all the the potential for injury or cause the when loading has been completed. The requirements of this document. doors to ‘‘slam’’ shut. Each door shall door hold-open device shall withstand 3.4 Mounting and Hardware—The permit the mounting of locks as an inward or outward pull of 50 (+5, hardware for attaching the receptacle to required by 3.10.2. ¥0) pounds when applied to the master the wall shall be provided and packaged 3.5.3 Carrier Access (Arrow Lock) door edge farthest from the master door with the unit. All mounting hardware Door (Front Loader Designs)—The hinge and in a direction perpendicular shall meet the corrosion resistance carrier access door shall have to the door. (Note: For any nonparcel requirements of this document. accommodations for mounting either compartment design, disregard parcel Mounting hardware shall not protrude Arrow lock shown in figure 13 in such compartment references.) from any part of the unit to create a a manner that the modified Arrow lock The master loading door for any hazardous catch or bump point for cylinder is flush with the front of the single door receptacle design and the customers or carriers. The mounting compartment door and the standard right master loading door for any double hardware shall be accessible for Arrow lock is slightly recessed. This master door design shall, as a minimum, replacement in the event of damage to door shall be designed to accommodate have provisions and accommodations the unit and shall be hidden from public the mounting of the Arrow lock and the for a three-point (top, middle, bottom) view while in service. The mounting securing of a minimum-sized (3 inches latching mechanism, exclusive of the technique and hardware selected shall high by 12 inches wide by 15 inches hinges, in conjunction with either a allow the receptacle, when wall- deep) compartment, which typically standard or modified Arrow lock to mounted in accordance with the shall be used for retrieval of collection secure the door. Unless used solely as manufacturer’s instructions, to meet the mail. For security reasons, under no an actuator for locking pin(s), the Arrow pull requirements of section 4.11.9. circumstances shall this door be offered lock shall lock the master loading door 3.5 Customer and Parcel in any larger sizes. Once opened, the latch mechanism to ensure that the Compartment Doors—All compartment carrier access door shall remain in the master loading doors are securely doors shall meet the common opened position until closed and latched and that the latch mechanism

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cannot be moved. A limited loading parcel compartment size requirements outgoing mail compartment heights shall be permitted on the end of the shall be as specified below. shall be allowable. Hard-mounted front Arrow lock bolt only when the Arrow 3.7.1 Customer Compartment blanking plates shall be used as required lock is used as an actuator to engage Sizes—The minimum interior under the Arrow lock door for any larger locking pins. In this case, the locking dimensions of each customer delivery collection mail compartment offerings. pin(s) shall secure the Arrow lock door compartment shall be 3 inches high by In addition, no offered outgoing mail to the master loading door frame. Only 12 inches wide by 15 inches deep. compartment height shall preclude any Arrow locks dimensioned in figure 13 Optional compartment heights, greater of the critical installation requirements, shall be acceptable. The latching than the 3 inch minimum, shall be or any other requirement, from being mechanism shall be rigid in design to allowable, and mixed size customer met, and no compartment size shall be avoid distortion. Locknuts shall be compartments may be offered in any offered that is larger than any fully included for installing the Arrow lock. one unit. However, no combination tested size. The master loading door(s) shall be easy shall preclude any of the critical 3.8.2 Rear-Loading Designs—For to open, close, and lock. The carrier installation requirements, or any other rear-loading designs, the front of the access shall not have pinch points or requirement, from being met. In minimum-sized collection compartment sharp edges. Clearance between the door addition, no compartment size shall be shall consist of a blanking plate hard and door opening shall be evenly offered as ‘‘approved’’ that is larger than mounted to the master door structure spaced and consistent in size. The any Postal Service-tested and approved and the mail collection/deposit slot, master loading doors shall be easily size for that particular manufacturer. which is framed by separate elements unlatched and opened using one hand. 3.7.2 Parcel Compartment Sizes— providing the weather and security The latch mechanism may be mounted The minimum interior dimensions of shielding. Optional outgoing mail either on the unit frame or the master the parcel compartments shall be as compartment heights, requiring loading door. Clearance below the latch follows: blanking plates larger than the handle in either case shall be a (a) Standard Parcel Locker—15 inches minimum, shall be allowable. However, minimum of 1.25 inches. When the high by 12 inches wide by 15 inches no offered outgoing mail compartment carrier activates a master loading door deep height shall preclude any of the critical latch mechanism mounted on the unit (b) Large Parcel Locker—18 inches high installation requirements, or any other frame, the outer edge of the master by 12 inches wide by 15 inches deep requirement, from being met. In addition, no compartment size shall be loading door shall be automatically 3.7.2.1 Parcel Locker to Customer opened a minimum of 1 inch outside offered that is larger than any fully Compartment Ratio—A minimum of tested size. the door frame, enabling the carrier to one standard parcel locker shall be easily grasp the door. When the latch 3.9 Identification—Customer and provided for every ten customer compartment identifications shall be in mechanism is mounted on the unit compartments. For installation sites the following manner. frame, the handle must provide between with less than ten customer 3.9.1 Customer Compartment 1.25 and 1.50 inches of grip length and compartments, there shall be no Identification—Customer compartment a minimum of 1 square inch of surface mandatory parcel locker requirement, doors shall be identified using either area. When the carrier activates a master however, it shall be the intent of the numbers or letters, optionally, in loading door latch mounted on the door, Postal Service to strongly encourage the sequence from top to bottom. For any the latch handle may be used to pull the inclusion of a parcel locker. double master door designs, the door open. When the latch mechanism 3.8 Collection Mail and Carrier numbers or letters shall start from the is mounted on the door, the handle Access (front-loading designs only) upper left corner compartment. In must provide a minimum of 1.75 inches Compartment—All units shall have one addition, they shall be 3⁄4 to 1 inch high, of grip length. In any double master reinforced collection mail compartment. sequential, black, and recessed. They door design, when the master loading A mail deposit slot 10.75 inches wide may be engraved or stamped. Brushed door with the Arrow lock traps, or locks by .75 inches high shall be provided aluminum decals with black numbering the left master loading door, a push-out with a weather shield and a security may be used, provided the decals are device shall not be required if the shield to protect the deposited mail recessed in the door or a raised rib is carrier can easily grasp and open the left from the rain and snow and to prevent provided around the decal to enhance door. removal of the mail by fishing and the decal’s location and limit removal. 3.6.2 Rear Loader Designs—The pilfering techniques through the deposit Decals shall be secured using a master loading door for any rear loading slot. This compartment shall not be permanent type of adhesive. Numbers units shall be in the form of a rear cover numbered or lettered. The phrase shall be made with one decal and not or door, which can be opened or ‘‘OUTGOING MAIL’’ shall be marked on a combination of two single letter or removed and closed or replaced by the the deposit slot shield in black, recessed number decals. In the horizontal mail carrier, which will permit delivery lettering. Marking shall be permanent direction, the centerline of the numbers of mail to each compartment. The cover and lettering size shall be 3⁄8 to 1⁄2 inch shall be to the right of the customer lock or door shall prevent the mail from high. (top lock) centerline. In the vertical falling out between the cover or door 3.8.1 Front-Loading Designs—For direction, the customer lock and the and shelves, and be strong enough to front-loading designs, the front of the numbers shall be the same centerline. prevent theft of the contents of minimum-sized collection compartment 3.9.2 Parcel Compartment adjoining receptacles by manually shall consist of the carrier access (Arrow Identification—Parcel compartment forcing the rear door or cover from the lock) door, as described in section 3.5.3, doors shall be provided with 3⁄4 to 1 front of the receptacle through a and the mail collection/deposit slot, inch high, sequential, black, recessed compartment. The cover or door shall be which is framed by separate elements numbers. Numbers may be engraved or capable of being latched or secured; providing the weather and security stamped. Brushed aluminum decals locking is not required. shielding. The mail deposit slot frame with black numbering may be used, 3.7 Customer and Parcel design shall be hard mounted to the provided they are recessed in the door Compartment Sizes—Customer and master door structure. Optional or a raised rib is provided around the

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decal to enhance decal location and All customer compartment doors shall contacting/scraping any adjoining limit removal. Decals shall be secured be locked for shipment. surface. using a permanent type of adhesive. 3.10.2 Parcel Compartment Locks— 3.11.1 Compartment Keys—Three Numbers shall be made with one decal Each parcel compartment door shall be keys shall be provided for each and not a combination of two single configured to accept a combination 910/ customer compartment and shall be letter or number decals. Raised lettering Arrow lock arrangement. The 910 lock delivered on a single key ring. All keys shall not be acceptable. Parcel shall serve as the customer access lock. shall be temporarily identified for their compartment doors shall be numbered Any parcel compartment provided as an respective compartment, bagged, and (typically, 1P, 2P, etc). In the horizontal integral part of a receptacle design shall securely taped inside the collection direction, the centerline of the letters have a 910 lock that is keyed differently compartment for shipping. shall be to the right of the customer lock than any customer compartment lock in 3.11.2 Parcel Keys and Tags— (top lock) centerline. In the vertical the receptacle. The lock may itself Heavy-duty, rigid, clear plastic tags with direction, the customer lock and the provide the locking cam to secure the card inserts containing instructions to numbers shall be the same centerline. parcel door or it may be used as an the Postal Service customer on the use 3.9.3 Customer Identification—A actuator in such a way as its cam moves of the key, shall be furnished with each minimum 1⁄2 inch wide surface shall be locking pins into place to secure the key for an individual parcel receptacle. 1 ± 1 located below the front of each delivery parcel door. The locking pins would The plastic tags shall be 1 ⁄2 ⁄16 inches compartment shelf. The surface shall be wide by 3 ± 1⁄16 inches long by 1⁄16 (+1⁄16, withstand the pry attack loads. The ¥ concealed by the master door(s) and Arrow lock ‘‘captures’’ the 910 lock after 0) inches thick, and shall have an shall be visible only by the carrier once its key has been inserted and the lock opening at one end for a key ring. All the master door(s) is opened. The turned to allow the customer to remove holes or openings shall be reinforced. surface provided shall be smooth and their parcel. The Arrow lock and the The tags shall also have a swivel device will allow for the optional attachment of 910 lock shall be located in a for key ring mounting. Heavy-duty rings self-adhesive labels. Alternatively, each partitioned compartment and, for ease for attaching the holder to the compartment may be equipped with of maintenance reasons, shall not share individual key shall be provided for parcel receptacle keys. The key shall not either a clasp or holder to accommodate the same compartment cover. The 910 be easy to remove from the key ring. a name card, or supplied with a lock cover shall be secured with Each insert card shall be identified with designated flat surface for a permanent- standard hardware while the Arrow lock a serial number that is the same as the type pressure-sensitive label for compartment cover shall be secured mail receptacle unit’s serial number. identifying the customer using the with tamper resistant screws. All parcel The cards shall be numbered (e.g., 1P, compartment. The holder or clasp shall compartment doors shall be locked for 2P, etc) to correspond with their be located on the frame above each shipment. compartment or inside of the respective parcel receptacles. Card 3.10.3 Master Loading Door Lock compartment where the customer’s insert lettering shall be legible and of (Front-Loading Designs)—Front loader name will be easily visible to the carrier sufficient size and contrast to be easily when the box is opened for loading. The receptacles shall be secured with an read. All keys shall move freely in and holder shall be of sufficient size to hold Arrow lock, in accordance with figure out of the lock. Three keys shall be a name card of .75 inch by 2.50 inches 13, to lock the master loading door(s) as provided for each receptacle lock, or as large as space permits. defined in section 3.6.1. These units tagged with the clear plastic holder for 3.10 Locks–—Locks and cams shall shall be configured so that the Arrow their respective receptacle, and placed be provided as specified below. lock is always located directly beneath in the same bag with compartment keys. 3.10.1 Customer Compartment the collection mail slot. The mail slot The card insert shall be as follows: Locks—Each customer compartment and the Arrow lock door (carrier access Clear Plastic Holder with card insert door shall use a PSIN O910 lock, as door) shall share the same compartment (side A & B), YOU HAVE MAIL IN specified in USPS–L–1172, or but be separate items for security RECEPTACLE #ll * UNLOCK TOP equivalent. The hole pattern for the lock reasons. The Arrow lock shall be LOCK AND REMOVE MAIL. KEY is shown in figure 14. The hole shall be furnished and installed by the local REMAINS IN LOCK. able to withstand 100 foot pounds of postmaster or his representative. In rotational torque, preventing the lock addition, the Postal Service will provide *Note: The manufacturer shall provide the from being turned in the door allowing dummy Arrow locks for test purposes numbers and names as specified above. unauthorized entry into the upon request. 3.12 Marking—For front-loading compartment. The locks shall be 3.11 Keys and Key Identification— designs, there must be two inscriptions oriented so that the locking cam rotates All compartment keys for locks in centered on the carrier access door: 90 degrees from the locked to the accordance with USPS–L–1172 or ‘‘U.S. MAIL’’ in a minimum of .50 inch unlocked position. The key shall be equivalent shall be identified and high letters and ‘‘APPROVED BY THE removable only in the locked position. perform in the following manner to POSTMASTER GENERAL’’ in a Individual customer locks shall be allow for efficient control, security, and minimum of .18 inch high letters. For located in the compartment doors on the operation. No two compartments in the rear-loading designs, these inscriptions left side. Each lock shall be provided same receptacle shall be keyed alike. In must be centered on the blank panel of with three keys as specified in section addition, the full complement of the outgoing mail compartment. These 3.11.1. Key numbers shall not be placed required key codes shall be utilized in inscriptions shall be positioned in a on any exterior exposed surface. Cams sequential order prior to repeating any vertical stack with ‘‘U.S. Mail’’ shall be designed by the manufacturer to individual key code within a production appearing above ‘‘APPROVED BY THE allow a secure grip of the lock to the lot of receptacles. All keys shall have POSTMASTER GENERAL.’’ Markings compartment side wall. Each any burrs removed and shall move must be permanent and may be compartment lock shall be keyed freely in and out of the lock. When the accomplished by applying a decal, differently in each receptacle. The locks lock is installed and the key is inserted, embossing on sheet metal, applying must be securely fastened to the door to the locks must be positioned so that the raised lettering on plastic, or using other preclude punching out and twisting off. key is free to turn without binding or methods that are suitable. In addition, a

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legible and permanently marked decal fabricated and assembled to be not exceed 3 seconds per cycle. The with ‘‘USPS–STD–4C,’’ the permanently square and rigid to cycle rate for the master loading door(s) manufacturer’s name, address, date of preclude binding, warping, or and hold open device(s) shall not manufacture (month and year), unit misalignment, which may reduce or exceed 10 seconds per cycle. Testing serial number, and model number or prevent proper equipment operation or may be performed either manually or by nomenclature must be affixed to the maintenance or may result in a means of an automated, mechanically receptacle in a location that is readily premature failure of any part or driven test fixture that replicates a visible to carriers. component. manual operation. 3.13 Assembly and Installation 4.4 Water-Tightness—A rain test in Instructions—A complete set of 4. Testing Requirements accordance with UL 771, section 47.7 instructions including illustrations for 4.1 Testing Requirements—Units shall be performed to determine a assembling and installing the receptacle will be subjected to all applicable receptacle’s ability to protect mail from shall be prepared and provided with testing described herein. A unit that water. Prior to the test, the unit shall be each receptacle. Both front- and rear- fails to pass any test will be rejected. prepared by shielding the body of the loading receptacles shall be mounted in Testing will be conducted in sequence receptacle so that only the master door, accordance with the installation as listed herein and in table III. customer doors, and front frame requirements as stipulated in this 4.2 Capacity elements shall be directly exposed to document and the applicable sections of 4.2.1 Customer Compartments— rain during the test. The rain test shall the current Postal Operations Manual Customer compartments must meet be operated for a period of 15 minutes (POM) as referenced in section 2.2. The minimum capacity requirements tested on the customer compartment door installation described shall be tested in by insertion and removal of a standard (front) side of the mail receptacle. At the accordance with the testing of section test gauge which measures 215⁄16 inches conclusion of the test, the outside of the 4.11.9. These instructions shall high by 1115⁄16 inches wide by 1415⁄16 unit is wiped dry and all doors are completely convey all recess wall- inches deep. The test gauge will be opened. The inside of the compartments mounting details, including equipment inserted with its 215⁄16-inch dimension must contain no water other than that installation height restrictions as aligned in the vertical axis produced by high moisture provided in the figures and the parcel (perpendicular to the compartment condensation. locker ratio information. In addition, the floor). The gauge must be capable of 4.5 Salt Fog Resistance—A salt fog instruction sheet shall carry a notice easy insertion and removal, and while test shall be conducted in accordance that the receptacle met all requirements inserted, allow for the door(s) to be with method A5 of ASTM G85, of the Postal Service standard. completely closed without interference. Standard Practice for Modified Salt 3.14 Workmanship—Workmanship 4.2.2 Collection Mail Spray (Fog) Testing. The salt test shall shall be of the highest quality Compartment—The collection mail be operated for 25 continuous cycles throughout. All parts shall be clean, compartment must meet minimum with each cycle consisting of 1-hour fog straight, accurately formed and capacity requirements tested by and 1-hour dry-off. The unit shall be assembled, properly fitted, and uniform insertion through the mail deposit slot tested in a finished condition, including in size and shape. Parts shall be free of 48 standard letters (4.00 inches high all protective coating, paint, and from delaminations, cracks, warpage, by 9.50 inches long by .12 inch thick) mounting hardware and shall be bulges, kinks, dents, porosity, voids, and 4 Express Mail or Priority Mail thoroughly washed when submitted to lumps, foreign matter, and other defects. envelopes (9.50 inches high by 12.50 remove all oil, grease, and other Finished or coated surfaces shall be inches long by .50 inch thick). Letter nonpermanent coatings. No part of the smooth and uniform, and free from soft and envelope thicknesses shall be receptacle may show finish corrosion, areas, stain, chips, crazing, and cracks. achieved by inserting 8.50 inch by 11 blistering, or peeling, or other Seams and connections shall be tight. inch paper. destructive reaction upon conclusion of Welding, riveting, and other joining 4.2.3 Parcel Compartment—Parcel test. Corrosion is defined as any form of shall be done in a neat and approved compartments must meet minimum property change such as rust, oxidation, manner. The receptacle shall be free capacity requirements tested by color changes, perforation, accelerated from sharp edges, sharp corners, insertion and removal of a standard test erosion, or disintegration. The buildup protruding rivets, and operational gauge which measures 1415⁄16 inches of salt deposits upon the surface shall features, which might injure or hamper high by 1115⁄16 inches wide by 1415⁄16 not be cause for rejection. However, any the carrier or customer. inches deep. The test gauge will be corrosion, paint blistering, or paint 3.15 Bolted Connections—Bolts or inserted with a 1415⁄16 inch dimension peeling is cause for rejection. It is also screws that can be removed in any aligned on the vertical axis valid for units made of plastic that exposed area shall not be used for (perpendicular to the compartment employ metal hardware. joining parts of the receptacle. Sheet floor). The gauge must be capable of 4.6 Abrasion Resistance—The unit’s metal screws shall not be used in the easy insertion and removal; and while coating/finish shall be tested for assembly of the receptacle. inserted, allow for the door(s) to be resistance to abrasion in accordance 3.16 Riveted Joints—Hollow-type completely closed without interference. with method A of ASTM D968. The rate eyelets or grommets shall not be used in 4.3 Operational Requirements—The of sand flow shall be 2 liters of sand in the fabrication of the receptacle. carrier access (Arrow lock) door, 22±3 seconds. The receptacle will have 3.17 Welding—Any type of weld customer doors, parcel doors, master failed the sand abrasion test if less than (electric-arc, resistance, gas, etc.) may be loading door(s), and hold open device(s) 15 liters of sand penetrates its coating or used in the fabrication of the receptacle, must be capable of operating 10,000 if less than 75 liters of sand penetrates providing it produces a satisfactory and normal operating cycles (1 cycle = open/ its plating. This test is applicable to safe joint and is performed in close) at room temperature, metal receptacle designs only. accordance with applicable best continuously and correctly, without any 4.7 Temperature Stress Test—The commercial practices. failures such as breakage of parts. The unit under test shall be placed in a cold 3.18 Fabrication and Assembly—All cycle rate for carrier access (Arrow chamber at ¥40° Fahrenheit (F) for 24 components and parts shall be lock), customer and parcel doors shall hours. The chamber shall first be

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stabilized at the test temperature. After required and defined by this document. Supplemental bracing may be used to remaining in the ¥40° F environment The unit under test shall undergo a isolate the loading on the specific item for the 24-hour period, the unit shall be similar temperature test, as described to be tested. After the release of the quickly removed from the cold chamber above, at a temperature of 140° F. load, the permanent deformation caused into room ambient and tested for normal 4.8 Structural Rigidity by the forces shall be measured. If the operation. The removal from the Requirements—Pull loads of the deformation exceeds the limit specified chamber and the testing for normal specified magnitudes (see table II) shall in table II, the unit under test has failed operation shall be accomplished in less be slowly applied at any point of the to meet the structural rigidity than 3 minutes. The room ambient shall specific item of the unit under test. requirement. be between 65° and 75° F. Normal These forces shall be held for a time not operation is defined as operation to exceed one minute and then released.

TABLE II [Pull load permanent deformation limits]

Permanent Item deformation Pull load (inches) (pounds)

Carrier Access (Arrow Lock) Door(Front-Loading Designs) ...... 1⁄8 1400 Collection Comp. Front Blanking Plate(Rear-Loading Designs) ...... 1⁄8 1400 Collection Mail Slot Frame(All Designs Except Parcel-Only) ...... 1⁄8 1400 Master Door(s) at Hinge Side—Top & Bottom (Front-Loading Designs) ...... 1⁄8 1000 Master Door at Center Along Arrow Lock Side—(Front-Loading Designs) ...... 1⁄8 1000 Rear Cover(Rear-Loading Designs) ...... 1⁄8 250 Customer Compartment Door(All Designs Except Parcel-Only) ...... 1⁄8 250 Parcel Compartment Door (All Designs Except Non-Parcel Versions) ...... 1⁄8 250 Master Door Hold-Open Device(Front-Loading Designs) ...... 0 50

4.9 Impact Test—The front exposed 4.11.1 Customer Compartment and using pry tools listed in 4.11 for a surfaces of the receptacles and any Parcel Compartment Customer Access period not to exceed 3 minutes. A 3- coatings applied to them shall not be Locks—Customer lock plugs shall pound hammer shall be used for a time cracked, chipped, broken, dented (more withstand a minimum of 70 pounds of period not to exceed 1 minute in than 1⁄16 inch in depth), or visibly force slowly applied inward. Load tandem with these other tools during permanently deformed by a hard steel 2- forces shall be applied to the key the tests of the master-loading door(s). pound ball with a 1⁄2-inch spherical entrance side of the lock. The lock and 4.11.5 Arrow Lock Compartment radius dropped from a height of 6 door shall remain closed and locked Door (Front Loading Designs only)—The inches. after each test. In addition, the locks Arrow lock compartment door shall be 4.10 Flammability—A flammability shall be tested using vise grips and other tested using the pry tools in 4.11 for a test shall be conducted on all tools in an attempt to turn the lock with period not to exceed 3 minutes. A 3- potentially flammable materials used in the customer or parcel door in the pound hammer shall be used for a time the unit. The test shall be conducted in closed position. These tests shall not period not to exceed 1 minute in accordance with ASTM D3801. The allow access to the customer or parcel tandem with these other tools during ASTM D3801 standard flame test shall compartment. the tests of various features of the Arrow achieve a rating of V–1 or better. (Note: 4.11.2 Customer Compartment lock compartment. Seams and gaps It is the building owner’s responsibility Doors—Gaps and seams around the around the perimeter of the Arrow lock to make sure that the installation of any perimeter of the customer compartment compartment door and the structural receptacle is in compliance with local doors shall be tested using pry tools integrity of the door itself shall not building and fire codes.) listed in 4.11 for a period not to exceed allow access to the receptacle under test 4.11 Security Test—Receptacles 3 minutes to ensure that access to the conditions. In addition, the Arrow lock shall be tested, as described below, for compartment cannot be gained. The compartment door will also be subjected resistance to tampering and lock-mounting hole in the door shall be to a 2-minute torch test using commonly unauthorized entry through the use of able to withstand 100 foot-pounds of available microtorch kits. (Note: These tools such as screwdrivers, flat plates, torque applied in the plane of the door, tests shall not be performed on the same knives, pry bars, vise grips, pliers, preventing the lock from being turned in test door.) chisels, and punches for a period not to the door allowing unauthorized entry 4.11.6 Outgoing Mail Slot—The mail exceed 3 minutes for each feature tested. into the compartment. slot and security shield design shall be No pry tools shall exceed 18 inches in 4.11.3 Parcel Compartment Door— tested using the pry tools in 4.11 for a length. Because of the critical nature of Gaps and seams around the perimeter of period not to exceed 3 minutes. A 3- the master-loading door and Arrow lock the parcel compartment door(s) shall be pound hammer shall be used for a time (outgoing mail) compartment, a hammer tested using pry tools listed in 4.11 for period not to exceed 1 minute in shall be used in tandem with the other a period not to exceed 3 minutes to tandem with these other tools during tools during tests of these items. The ensure that access to the compartment the tests of the seams and gaps around head weight of any hammer used shall cannot be gained. the perimeter of the mail slot. In not exceed 3 pounds. In addition, the 4.11.4 Master Loading Door (Front- addition, as part of the test, a pry bar not Arrow lock compartment door will also Loading Designs only)—Seams around exceeding 18 inches in length shall be be subjected to a 2-minute torch test the perimeter of the master loading inserted into the mail slot in an attempt using commonly available microtorch door(s) shall not allow access to the to gain access to deposited mail in the kits. interior of the receptacle when tested compartment.

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4.11.7 Outgoing Mail Compartment 5.3 System—The approved source methods of accomplishment. It is not the Front Blanking Plate—Gaps and seams shall use a documented quality intent of this standard to attempt to around the perimeter of any outgoing management system acceptable to the standardize these systems, but to present the mail compartment front blanking plate basic functional concepts that when USPS. The USPS has the right to conscientiously implemented will provide shall be tested using pry tools listed in evaluate the acceptability and assurance that the approved source’s product 4.11 for a period not to exceed 3 effectiveness of the approved source’s meets the requirements and fully matches the minutes to ensure that access to the quality management system prior to approved design. compartment cannot be gained. A 3- approval, and during tenure as an pound hammer shall be used for a time approved source. As a minimum, the In addition to outlining the approved period not to exceed 1 minute in quality management system shall source’s approach to quality, the tandem with these other tools during include controls and record keeping in documentation should specify the the tests of the seams and gaps around the following areas: methodology used to accomplish the the perimeter of this item. 5.3.1 Document Control— interlinked processes and describe how 4.11.8 Rear Door/Panel (Rear Documents used in the manufacture of they are controlled. The approved Loading Designs only)—The rear cover product shall be controlled. The control source shall submit its quality shall be tested for a period not to exceed process for documents shall ensure the documentation to the Postal Service for 3 minutes by attempting to force it to following: review along with the preliminary unseat. No access to the backside of the • Documents are identified, reviewed, design review. 5.3.7 Documentation Retention—All unit or to any adjacent compartments and approved prior to use, shall be gained as a result of this test. • Revision status is identified, of the approved source’s documentation All customer compartment and parcel • Documents of external origin are pertaining to the approved product shall locker doors shall be open for this test. identified and controlled. be kept for a minimum of three (3) years 4.11.9 Receptacle Installation (All after shipment of product. 5.3.2 Supplier Oversight—A Designs)—Receptacles will be installed 5.3.8 Documentation Submittal— documented process that ensures the in a representative wall fixture in The approved source shall submit a following: copy of their quality system accordance with the installation • instructions provided by the Material requirements and documentation relevant to the manufacturer. The receptacle’s specifications are clearly described in manufacture of wall-mounted, procurement documents, centralized mail receptacles for review mounting hardware will be subjected to • a uniform pull load of 500 pounds. This Inspection or other verification as requested during the approval load will be applied by placing a bolster methods are established and process and tenure as an approved plate to the backside area of the implemented for validation of source. purchased materials. receptacle and attaching it to one or 6. Application Requirements more cables that are passed through 5.3.3 Inspection and Testing—The drill holes added to the rear wall of the approved source shall monitor and 6.1 Application Requirements—All actual receptacle. Any front doors of verify that product characteristics match correspondence and inquiries shall be customer compartments in alignment approved design. This activity shall be directed to the address in 1.3. The with the cables may be opened or carried out at appropriate stages of application process consists of: removed for the test. All bolster plate manufacture to ensure that only 6.1.1 Preliminary Review— cables will be tied together at a acceptable products are delivered. Manufacturers must first satisfy minimum distance of 3 feet from the 5.3.4 Control of Nonconforming requirements of a preliminary review front surface of the unit with a single Product—The control method and prior to submitting samples of any cable fitted with a shackle, hook, etc. A disposition process shall be defined and receptacles. The preliminary review maximum horizontal pull load of 500 ensure that any product or material that consists of a review of the pounds will be applied and the does not conform to the approved manufacturer’s conceptual design receptacle will have met this design is identified and controlled to drawings for each receptacle type for requirement if its mounting hardware is prevent its unintended use or delivery. which the manufacturer is seeking not loosened from its wall mount. 5.3.5 Control of Inspection, approval. Computer-generated drawings Supplemental bracing of the wall may Measuring, and Test Equipment—The are preferred, but hand-drawn sketches be used to isolate the loading on the approved source shall ensure that all are acceptable provided they adequately receptacle’s mounting hardware. equipment used to verify product depict the important design aspects of conformance is controlled, identified, the proposed receptacle design. In 5. Quality Management System and calibrated at prescribed intervals particular, drawings should include Provisions traceable to nationally recognized overall unit with standard and optional 5.1 Quality System—The approved standards in accordance with compartment size information plus source shall ensure and be able to documented procedures. details on the design of such critical substantiate that manufactured units 5.3.6 Corrective Action—The features as the carrier access, customer, conform to requirements and match the approved source shall maintain a parcel and master load door(s) designs, approved design. documented complaint process. This hinge designs, all lock-mounting 5.2 Inspection—The USPS reserves process shall ensure that all complaints techniques and cam engagements, the right to inspect units for are reviewed and that appropriate action material selections, the 3-point latching conformance at any stage of is taken to determine cause and prevent and handle designs, the wall mounting manufacture. Inspection by the USPS reoccurrence. Action shall be taken in a concept, and outgoing mail slot design. does not relieve the approved source of timely manner and be based on the If drawings show that the proposed the responsibility to provide conforming severity of the nonconformance. receptacle design appears likely to product. The USPS may, at its Note: It is recognized that each approved comply with the requirements of this discretion, revoke the approval status of source functions individually and standard, manufacturers will be notified any product that does not meet the consequently, the quality system of each in writing and may then continue with requirements of this standard. approved source may differ in the specific the application requirements described

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in 6.1.2. Do NOT submit any sample total-compartment) version to the USPS drawings must completely document units to the USPS prior to complying for security testing, final review and and represent the design of the unit with the requirements of 6.1.2. approval. If the vendor plans to offer tested. If other versions of the approved Notification that a manufacturer’s optional compartment sizes, the Type unit are to be offered, the drawings drawings satisfy the requirements of the submitted samples shall include at least must include the unique or differing preliminary review does NOT constitute one of the largest compartment size. The design items of these versions. The USPS approval of a design, and shall sample shall be accompanied with a drawings must include sufficient details NOT be relied upon as an assurance that certificate of compliance and a copy of to allow the USPS to inspect all a design will ultimately be approved. the laboratory test results (see 6.1.3.3). materials, construction methods, 6.1.2 Independent Lab Testing— Receptacles submitted to the USPS (see processes, coatings, treatments, finishes Upon receiving written notification 1.3) for final evaluation must be (including paint types), control from the USPS that their design(s) identical in every way to the receptacles specifications, parts, and assemblies satisfies requirements of the preliminary to be marketed, and must be marked as used in the construction of the unit. review, manufacturers shall at their own specified in 3.11. Manufacturers may be Additionally, the drawings must fully expense submit at least one subject to a verification of their quality describe any purchased materials, representative sample of the highest system prior to approval. This may components, and hardware including total-compartment version of each Type consist of a review of the manufacturer’s their respective finishes. The USPS may apartment receptacle for which the quality manual (see 6.1.3.4) and an request individual piece parts to verify vendor seeks USPS approval to an onsite quality system evaluation (see drawings. independent laboratory for testing along 5.2). 6.1.3.3 Certification of Compliance with a copy of the preliminary review 6.1.3.1 Installation Instructions— & Test Results—Manufacturers shall letter from the USPS. If the vendor plans Manufacturers shall furnish a written furnish a written certificate of to offer optional compartment sizes, the copy of their installation instructions for compliance indicating that their design submitted samples shall include at least review. These instructions shall contain fully complies with the requirements of one of the largest compartment size. All all information as detailed in section this standard. In addition, the tests shall be performed by an approved 3.13. manufacturer shall submit the lab’s independent test lab, except for the 6.1.3.2 Documentation—Units original report which clearly shows security tests which shall be performed submitted for approval shall be results of each test conducted (see table by the Postal Service. See Appendix A accompanied by two complete sets of IV). The manufacturer bears all for a list of USPS approved independent manufacturing drawings consisting of responsibility for their unit(s) meeting test labs. black on white prints (blueprints or these requirements and the USPS 6.1.3 Final Review—Manufacturers sepia are unacceptable). The drawings reserves the right to retest any and all shall submit two representative samples shall be dated and signed by a units submitted including those which of the largest (typically, the highest manufacturer’s representative(s). The are available to the general public.

TABLE IV.—TEST REQUIREMENTS

Industry Test Requirement Reference specifications

Capacity ...... Insertion of test gauges ...... 4.2 Operational Requirements ...... 10,000 cycles ...... 4.3 Water-Tightness ...... No appreciable moisture ...... 4.4 UL 771, section 47.7. Salt Fog Resistance ...... 25 cycles ...... 4.5 ASTM G85. Abrasion Resistance ...... 75 liters ...... 4.6 ASTM D968. Temperature Stress Test ...... Shall function between ¥40°F and 140°F ...... 4.7 Structural Rigidity Requirements ...... Refer to Table I for loads and points, maximum 1⁄8 4.8 inch permanent deformation. Impact ...... 2 lbs. dropped from 6 inches ...... 4.9 Flammability ...... V–1 or better ...... ASTM D 3801.

6.1.3.4 Quality Policy Manual— written notification of disapproval or specification and be of the same Manufacturer shall submit its quality returned to the manufacturer, if materials, construction, coating, policy manual to the address listed in requested, provided the manufacturer workmanship, finish, etc., as the section 1.3. pays shipping costs. approved units. The USPS reserves the right at any time to examine and retest 7. Approval or Disapproval 7.2 Approval—One set of manufacturing drawings with written units obtained either in the general 7.1 Disapproval—Written notification of approval will be returned marketplace or from the manufacturer. If notification, including reasons for to the manufacturer. The drawings will the USPS determines that a receptacle disapproval, will be sent to the be stamped and identified as model is not in compliance with this manufacturer within 30 days of representing each unit. standard or is out of conformance with completion of the final review of all 7.2.1 Approved Receptacles—Units approved drawings, the USPS may, at submitted units. All correspondence that are approved will be retained by the its discretion, rescind approval of the and inquiries shall be directed to the USPS. receptacle as follows: address listed in 1.3. 7.2.2. Rescission—Manufacturer’s 7.2.2.1 Written Notification—The 7.1.1 Disapproved Receptacles— production units shall be constructed in USPS shall provide written notification Units disapproved will be disposed of accordance with the USPS-certified to the manufacturer that a receptacle is in 30 calendar days from the date of the drawings and the provisions of this not in compliance with this standard or

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is out of conformance with approved calendar days after receipt of the applying for a new approval pursuant to drawings. This notification shall corrected receptacle with a the provisions of section 6. include the specific reasons that the determination of whether the 7.2.3 Revisions, Product or unit is noncompliant or out of manufacturer’s submission is accepted Drawings—Changes that affect the form, conformance and shall be sent via or rejected and with specific reasons for fit, and/or function (i.e., dimensions, Registered MailTM. the determination. material, finish, etc.) of approved 7.2.2.1.1 Health and Safety—If the 7.2.2.4 Manufacturer’s Second products or drawings shall not be made USPS determines that the Response—If the USPS rejects the without written USPS approval. Any noncompliance or nonconformity proposed changes shall be submitted corrected receptacle, the manufacturer constitutes a danger to the health or with the affected documentation may submit a second sample of the safety of customers and/or letter reflecting the changes (including a corrected receptacle to the USPS for carriers, the USPS may, at its discretion, notation in the revision area), and a approval no later than 45 calendar days immediately rescind approval of the written explanation of the changes. One after receipt of the notification unit. In addition, the USPS may, at its unit, incorporating the changes, may be described in 7.2.2.3. Failure to confer or discretion, order that production of the required to be resubmitted for testing submit a corrected receptacle within the receptacle cease immediately, and that and evaluation for approval. prescribed period shall constitute any existing inventory not be sold for 7.2.3.1 Corporate or Organizational grounds for immediate rescission. receipt of U.S. mail. Changes—If any substantive part of the 7.2.2.2 Manufacturer’s Response—In 7.2.2.5 Final USPS Rescission approved manufacturer’s structure all cases of noncompliance or Notification—The USPS shall provide a changes from what existed when the nonconformity other than those final response to the manufacturer in manufacturer became approved, the determined to constitute a danger to the writing no later than 30 calendar days manufacturer shall promptly notify the health or safety of customers and/or after receipt of the second sample USPS and will be subject to a letter carriers, the manufacturer shall corrected receptacle with a reevaluation of their approved confer with the USPS and shall submit determination of whether the product(s) and/or quality system. one sample of a corrected receptacle to manufacturer’s submission is accepted Examples of substantive structural the USPS for approval no later than 45 or rejected and with specific reasons for changes include the following: change calendar days after receipt of the the determination. If the second in ownership, executive or quality notification described in 7.2.2.1. Failure submission is rejected, the USPS may, at management; major change in quality to confer or submit a corrected its discretion, rescind approval of the policy or procedures; relocation of receptacle within the prescribed period receptacle. In addition, the USPS may, manufacturing facilities; major shall constitute grounds for immediate at its discretion, order that production equipment or manufacturing process rescission. of the receptacle cease immediately, and change (e.g., outsourcing vs. inplant 7.2.2.3 Second Written that any existing inventory not be sold fabrication); etc. Notification of such Notification—The USPS shall respond or used for receipt of U.S. mail. If the changes must be sent to the address in to the manufacturer in writing, via USPS rescinds approval, the section 1.3. Registered MailTM, no later than 30 manufacturer is not prohibited from BILLING CODE 7710–12–P

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BILLING CODE 7710–12–C (3) Ithaca Materials Research & Testing, certification criteria. Interested laboratories Inc. (IMR), Contact: Jeff Zerilli, Vice Appendix A should contact: USPS, Engineering, Test President, Phone: 607–533–7000, Lansing Evaluation & Quality, 8403 Lee Highway, USPS Approved Independent Test Business and Technology Park, 31 Merrifield, VA 22082–8101. Laboratories Woodsedge Drive, Lansing, NY 14882. (4) Independent Test Laboratories, Inc., (1) ACTS Test Labs, Contact: Dennis The Postal Service will publish an Contact: Robet Bouvier, Phone: 800–962-Test appropriate amendment to 39 CFR 111.3 MacLaughlin, Phone: 716–505–3547 Fax: Fax: 714–641–3836, 1127B Baker Street, 716–505–3301, 100 Northpointe Parkway, Costa Mesa, CA 92626. to reflect these changes. Buffalo, NY 14228–1884. (5) Midwest Testing Laboratories, Inc., Stanley F. Mires, (2) The Coatings Lab, Contact: Tom Contact: Cherie Ulatowski, Phone: 248–689– Chief Counsel, Legislative. Schwerdt, Phone: 713–981–9368 Fax: 713– 9262, Fax: 248–689–7637, 1072 Wheaton, [FR Doc. 04–19781 Filed 9–2–04; 8:45 am] 776–9634, 10175 Harwin Drive, Suite 110, Troy, MI 48083. Houston, TX 77036. Note: Additional test laboratories may be BILLING CODE 7710–12–P added provided they satisfy USPS

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ENVIRONMENTAL PROTECTION action, EPA approved these materials as and other required information to the AGENCY Transportation Control Measures U.S. Senate, the U.S. House of (TCMs), which were explicitly included Representatives and the Comptroller 40 CFR Part 52 by reference in the 2003 PM–10 Plan in General of the General Accounting [CA–121–CORR; FRL–7807–2] order to address the Best Available Office prior to publication of this rule in Control Measure (BACM) provisions for today’s Federal Register. This rule is Approval and Promulgation of PM–10 with respect to TCMs. See 69 FR not a ‘‘major rule’’ as defined by 5 Implementation Plans for California— 30020–21, and 30035. In today’s action, U.S.C. 804(2). Appendix E of the April 10, 2003 San Joaquin Valley PM–10 List of Subjects in 40 CFR Part 52 submittal is being added in its entirety AGENCY: U.S. Environmental Protection to 40 CFR 52, subpart F, as new Environmental protection, Air Agency (EPA). paragraph (c)(330)(i)(A)(1). This action pollution control, Incorporation by ACTION: Final rule; correction. makes no other corrections to the May reference, Intergovernmental relations, 26, 2004 final rule. Nitrogen oxides, Particulate matter, SUMMARY: This action corrects language In this action, EPA is simply Reporting and recordkeeping in Title 40 of the Code of Federal correcting an omission and amending requirements, Volatile organic Regulations that appeared in a final rule the regulatory language accordingly. compounds. published in the Federal Register on The affected provisions were previously Dated: August 13, 2004. May 26, 2004, relating to the particulate subject to notice and comment prior to Laura Yoshii, matter (PM–10) State Implementation EPA approval. Thus, notice and public Plan (SIP) for the San Joaquin Valley Acting Regional Administrator, Region IX. procedure are unnecessary. EPA finds I portion of California. that this constitutes good cause under 5 Part 52, Chapter I, Title 40 of the Code DATES: Effective Date: This action is U.S.C. 553(b)(B). Section 553 of the of Federal Regulations is amended as effective October 4, 2004. Administrative Procedure Act, 5 U.S.C. follows: FOR FURTHER INFORMATION CONTACT: 553(b)(B), provides that, when an PART 52—[AMENDED] Doris Lo, EPA Region IX, (415) 972– agency for good cause finds that notice 3959, [email protected]. and public procedures are I 1. The authority citation for part 52 continues to read as follows: SUPPLEMENTARY INFORMATION: On May impracticable, unnecessary or contrary 26, 2004 (69 FR 30006), EPA published to the public interest, the agency may Authority: 42 U.S.C. 7401 et seq. a final rule approving the ‘‘2003 PM10 issue a rule without providing notice Plan, San Joaquin Valley Plan to Attain and an opportunity for public comment. Subpart F—California Federal Standards for Particulate Matter Administrative Requirements I 2. Section 52.220 is amended by 10 Microns and Smaller,’’ submitted on Under Executive Order 12866 (58 FR adding paragraph (c)(330) to read as August 19, 2003, and amendments to follows: that plan submitted on December 30, 51735, October 4, 1993), this action is 2003 (collectively, ‘‘2003 PM–10 Plan’’), not a ‘‘significant regulatory action’’ § 52.220 Identification of plan. and, is therefore not subject to review by as meeting the Clean Air Act (CAA) * * * * * requirements applicable to the San the Office of Management and Budget. In addition, this action does not impose (c) * * * Joaquin Valley (SJV) nonattainment area (330) The following plan was any enforceable duty or contain any for particulate matter of ten microns or submitted on April 10, 2003 by the unfunded mandate as described in the less (PM–10). The final rule contained Governor’s designee. amendments to 40 CFR part 52, subpart Unfunded Mandates Reform Act of 1995 (i) Incorporation by reference. F. The final rule, which incorporated (P.L. 104–4), or require prior (A) San Joaquin Valley Unified Air material by reference in Sec. 52.220, consultation with State officials as Pollution Control District. Identification of plan, inadvertently specified by Executive Order 12875 (58 (1) Amended 2002 and 2005 Ozone omitted a paragraph relating to the FR 58093, October 28, 1993), or involve Rate of Progress Plan for San Joaquin following submittal, which was special consideration of environmental Valley, adopted on December 19, 2002. incorporated by reference in the 2003 justice related issues as required by (i) Appendix E, ‘‘Regional PM–10 Plan and approved by EPA in Executive Order 12898 (59 FR 7629, Transportation Planning Agency the May 26, 2004 action: Appendix E February 16, 1994). Commitments for Implementation.’’ (‘‘Regional Transportation Planning Because this action is not subject to * * * * * Agency Commitments for notice-and-comment requirements under the Administrative Procedure Act [FR Doc. 04–20136 Filed 9–2–04; 8:45 am] Implementation’’) to the ‘‘Amended BILLING CODE 6560–50–P 2002 and 2005 Ozone Rate of Progress or any other statute, it is not subject to Plan for San Joaquin Valley,’’ adopted the provisions of the Regulatory on December 19, 2002, and submitted Flexibility Act (5 U.S.C. 601 et seq.). Under 5 U.S.C. 801(a)(1)(A) as added DEPARTMENT OF HOMELAND by the California Air Resources Board SECURITY on April 10, 2003.1 In the May 26, 2004 by the Small Business Regulatory Enforcement Fairness Act of 1996, EPA Federal Emergency Management 1 submitted a report containing this rule The San Joaquin Valley Unified Air Pollution Agency Control District mistakenly identified these materials as ‘‘Appendix F’’ in the Table of Contents plan referenced above. The two plans contain an to the April 10, 2003 submittal, but the document identical version of Appendix E. Because the ROP 44 CFR Part 64 itself is titled ‘‘Appendix E.’’ In the May 26, 2004 plan submitted in September 2002 has been final rule, EPA refers to the ozone ROP plan in replaced by the ROP plan submitted in 2003, EPA [Docket No. FEMA–7843] some places as the ‘‘2002 Ozone ROP Plan’’ and in is incorporating Appendix E as included in the other places as the ‘‘2003 Ozone ROP Plan.’’ The 2003 submittal. EPA determined that the April 10, Suspension of Community Eligibility SJV Ozone ROP Plan, was originally adopted in 2003 SIP submittal was complete on September 4, May 2002 and submitted in September 2002, but 2003, pursuant to CAA section 110(k)(1)(B) and 40 AGENCY: Federal Emergency this submittal was wholly replaced by the amended CFR 51, Appendix V. Management Agency, Emergency

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Preparedness and Response Directorate, of legally enforceable floodplain requirements of the Regulatory Department of Homeland Security. management measures after this rule is Flexibility Act because the National ACTION: Final rule. published but prior to the actual Flood Insurance Act of 1968, as suspension date. These communities amended, 42 U.S.C. 4022, prohibits SUMMARY: This rule identifies will not be suspended and will continue flood insurance coverage unless an communities, where the sale of flood their eligibility for the sale of insurance. appropriate public body adopts insurance has been authorized under A notice withdrawing the suspension of adequate floodplain management the National Flood Insurance Program the communities will be published in measures with effective enforcement (NFIP), that are suspended on the the Federal Register. measures. The communities listed no effective dates listed within this rule In addition, the Federal Emergency longer comply with the statutory because of noncompliance with the Management Agency has identified the requirements, and after the effective floodplain management requirements of special flood hazard areas in these date, flood insurance will no longer be the program. If the Federal Emergency communities by publishing a Flood available in the communities unless Management Agency (FEMA) receives Insurance Rate Map (FIRM). The date of they take remedial action. documentation that the community has the FIRM if one has been published, is adopted the required floodplain indicated in the fourth column of the Regulatory Classification management measures prior to the table. No direct Federal financial This final rule is not a significant effective suspension date given in this assistance (except assistance pursuant to regulatory action under the criteria of rule, the suspension will be withdrawn the Robert T. Stafford Disaster Relief section 3(f) of Executive Order 12866 of by publication in the Federal Register. and Emergency Assistance Act not in September 30, 1993, Regulatory EFFECTIVE DATES: The effective date of connection with a flood) may legally be Planning and Review, 58 FR 51735. each community’s suspension is the provided for construction or acquisition third date (‘‘Susp.’’) listed in the third of buildings in the identified special Paperwork Reduction Act column of the following tables. flood hazard area of communities not participating in the NFIP and identified This rule does not involve any ADDRESSES: If you wish to determine collection of information for purposes of whether a particular community was for more than a year, on the Federal Emergency Management Agency’s the Paperwork Reduction Act, 44 U.S.C. suspended on the suspension date, 3501 et seq. contact the appropriate FEMA Regional initial flood insurance map of the Office or the NFIP servicing contractor. community as having flood-prone areas Executive Order 12612, Federalism (section 202(a) of the Flood Disaster FOR FURTHER INFORMATION CONTACT: Protection Act of 1973, 42 U.S.C. This rule involves no policies that Mike Grimm, Mitigation Division, 500 C 4106(a), as amended). This prohibition have federalism implications under Street, SW.; Room 412, Washington, DC against certain types of Federal Executive Order 12612, Federalism, 20472, (202) 646–2878. assistance becomes effective for the October 26, 1987, 3 CFR, 1987 Comp.; SUPPLEMENTARY INFORMATION: The NFIP communities listed on the date shown p. 252. enables property owners to purchase in the last column. The Administrator flood insurance which is generally not Executive Order 12778, Civil Justice finds that notice and public comment Reform otherwise available. In return, under 5 U.S.C. 553(b) are impracticable communities agree to adopt and and unnecessary because communities This rule meets the applicable administer local floodplain management listed in this final rule have been standards of section 2(b)(2) of Executive aimed at protecting lives and new adequately notified. Order 12778, October 25, 1991, 56 FR construction from future flooding. Each community receives a 6-month, 55195, 3 CFR, 1991 Comp.; p. 309. Section 1315 of the National Flood 90-day, and 30-day notification Insurance Act of 1968, as amended, 42 addressed to the Chief Executive Officer List of Subjects in 44 CFR Part 64 U.S.C. 4022, prohibits flood insurance that the community will be suspended Flood insurance, Floodplains. coverage as authorized under the unless the required floodplain National Flood Insurance Program, 42 management measures are met prior to I Accordingly, 44 CFR part 64 is U.S.C. 4001 et seq.; unless an the effective suspension date. Since amended as follows: appropriate public body adopts these notifications have been made, this PART 64—[AMENDED] adequate floodplain management final rule may take effect within less measures with effective enforcement than 30 days. I measures. The communities listed in 1. The authority citation for Part 64 this document no longer meet that National Environmental Policy Act continues to read as follows: statutory requirement for compliance This rule is categorically excluded Authority: 42 U.S.C. 4001 et seq.; with program regulations, 44 CFR part from the requirements of 44 CFR Part Reorganization Plan No. 3 of 1978, 3 CFR, 59 et seq. Accordingly, the communities 10, Environmental Considerations. No 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, will be suspended on the effective date environmental impact assessment has 3 CFR, 1979 Comp.; p. 376. in the third column. As of that date, been prepared. § 64.6 [Amended] flood insurance will no longer be available in the community. However, Regulatory Flexibility Act I 2. The tables published under the some of these communities may adopt The Administrator has determined authority of § 64.6 are amended as and submit the required documentation that this rule is exempt from the follows:

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Date certain fed- eral assistance Community Effective date authorization/cancellation of Current effective no longer avail- State and location No. sale of flood insurance in community map date able in special flood hazard areas

Region V Minnesota: Brooklyn Center, City of, Hennepin 270151 July 29, 1974, Emerg; February 17, 1982, 09/02/2004 ...... 09/02/2004 County. Reg; September 2, 2004, Susp. Brooklyn Park, City of, Hennepin Coun- 270152 February 5, 1974, Emerg; May 17, 1982, ...... do ...... Do. ty. Reg; September 2, 2004, Susp. Camplin, City of, Hennepin County ...... 270153 March 30, 1973, Emerg; July 18, 1977, ...... do ...... Do. Reg; September 2, 2004, Susp. Corcoran, City of, Hennepin County ..... 270155 September 8, 1975, Emerg; January 16, ...... do ...... Do. 1981, Reg; September 2, 2004, Susp. Crystal, City of, Hennepin County ...... 270156 May 13, 1974, Emerg; June 1, 1978, Reg; ...... do ...... Do. September 2, 2004, Susp. Dayton, City of, Hennepin County ...... 270157 September 25, 1973, Emerg; February 1, ...... do ...... Do. 1978, Reg; September 2, 2004, Susp. Deephaven, City of, Hennepin County .. 270158 September 4, 1974, Emerg; December 26, ...... do ...... Do. 1978, Reg; September 2, 2004, Susp. Eden Prairie, City of, Hennepin County 270159 May 16, 1975, Emerg; September 27, 1985, ...... do ...... Do. Reg; September 2, 2004, Susp. Edina, City of, Hennepin County ...... 270160 July 27, 1973, Emerg; May 1, 1980, Reg; ...... do ...... Do. September 2, 2004, Susp. Excelsior, City of Hennepin County ...... 270161 May 20, 1974, Emerg; March 20, 1981, ...... do ...... Do. Reg; September 2, 2004, Susp. Greenfield, City of, Hennepin County ... 270673 December 26, 1974, Emerg; April 15, 1981, ...... do ...... Do. Reg; September 2, 2004, Susp. Greenwood, City of, Hennepin County 270164 July 25, 1975, Emerg; December 26, 1978, ...... do ...... Do. Reg; September 2, 2004, Susp. Hanover, City of, Hennepin and Wright 270540 October 25, 1974, Emerg; May 5, 1981, ...... do ...... Do. Counties. Reg; September 2, 2004, Susp. Hopkins, City of, Hennepin County ...... 270166 May 2, 1974, Emerg; May 5, 1981, Reg; ...... do ...... Do. September 2, 2004, Susp. Independence, City of, Hennepin Coun- 270167 January 28, 1975, Emerg; January 6, 1983, ...... do ...... Do. ty. Reg; September 2, 2004, Susp. Long Lake, City of, Hennepin County ... 270168 May 2, 1975, Emerg; February 20, 1979, ...... do ...... Do. Reg; September 2, 2004, Susp. Loretto, City of, Hennepin County ...... 270659 May 29, 1975, Emerg; June 22, 1984, Reg; ...... do ...... Do. September 2, 2004, Susp. Maple Plain, City of, Hennepin County 270170 October 24, 1975, Emerg; June 22, 1984, ...... do ...... Do. Reg; September 2, 2004, Susp. Medicine Lake, City of, Hennepin Coun- 270690 December 21, 1978, Emerg; April 15, 1982, ...... do ...... Do. ty. Reg; September 2, 2004, Susp. Medina, City of, Hennepin County ...... 270171 July 18, 1975, Emerg; September 3, 1980, ...... do ...... Do. Reg; September 2, 2004, Susp. Minneapolis, City of, Hennepin County 270172 March 23, 1973, Emerg; February 18, 1981, ...... do ...... Do. Reg; September 2, 2004, Susp. Minnetonka, City of, Hennepin County 270173 April 9, 1975, Emerg; May 19, 1981, Reg; ...... do ...... Do. September 2, 2004, Susp. Minnetonka Beach, City of, Hennepin 270174 June 9, 1975, Emerg; June 22, 1984, Reg; ...... do ...... Do. County. September 2, 2004, Susp. Minnetrista, City of, Hennepin County .. 270175 September 12, 1978, Emerg; September ...... do ...... Do. 27, 1985, Reg; September 2, 2004, Susp. New Hope, City of, Hennepin County ... 270177 July 2, 1975, Emerg; January 2, 1981, Reg; ...... do ...... Do. September 2, 2004, Susp. Orono, City of, Hennepin County ...... 270178 February 24, 1975, Emerg; October 17, ...... do ...... Do. 1978, Reg; September 2, 2004, Susp. Plymouth, City of, Hennepin County ..... 270179 April 15, 1974, Emerg; May 15, 1978, Reg; ...... do ...... Do. September 2, 2004, Susp. Richfield, City of, Hennepin County ...... 270180 April 22, 1975, Emerg; August 24, 1981, ...... do ...... Do. Reg; September 2, 2004, Susp. Robbinsdale, City of, Hennepin County 270181 May 9, 1974, Emerg; August 1, 1977, Reg; ...... do ...... Do. September 2, 2004, Susp. Rockford, City of, Hennepin County...... 270182 February 5, 1975, Emerg; November 1, ...... do ...... Do. 1979, Reg; September 2, 2004, Susp. Shorewood, City of, Hennepin County .. 270185 April 8, 1975, Emerg; December 4, 1979, ...... do ...... Do. Reg; September 2, 2004, Susp. Spring Park, City of, Hennepin County 270186 July 16, 1975, Emerg; May 1, 1979, Reg; ...... do ...... Do. September 2, 2004, Susp. St. Anthony, City of, Hennepin County 270716 February 26, 1998, Emerg; September 2, ...... do ...... Do. 2004, Reg; September 2, 2004, Susp.

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Date certain fed- eral assistance Community Effective date authorization/cancellation of Current effective no longer avail- State and location No. sale of flood insurance in community map date able in special flood hazard areas

St. Bonifacius, City of, Hennepin Coun- 270183 April 22, 1976, Emerg; December 26, City ...... do ...... Do. ty. 1978, Reg; September 2, 2004, Susp. St. Louis Park City, of, Hennepin Coun- 270184 December 22, 1972, Emerg; June 1, 1977, ...... do ...... Do. ty. Reg; September 2, 2004, Susp. Tonka Bay, City of, Hennepin County ... 270187 January 17, 1975, Emerg; May 1, 1979, ...... do ...... Do. Reg; September 2, 2004, Susp. Wayzata, City of, Hennepin County ...... 270188 November 25, 1974, Emerg; November, 1, ...... do ...... Do. 1979, Reg; September 2, 2004, Susp. Woodland, City of, Hennepin County .... 270189 June 11, 1975, Emerg; August 1, 1979, ...... do ...... Do. Reg; September 2, 2004, Susp. *do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp—Suspension.

Dated: August 26, 2004. National Vessel Documentation Center, FEDERAL COMMUNICATIONS David I. Maurstad, Coast Guard, telephone 304–271–2506. COMMISSION Acting Mitigation Division Director, If you have questions on viewing the Emergency Preparedness and Response docket (USCG–2001–8825), call Andrea 47 CFR Part 25 Directorate. M. Jenkins, Program Manager, Docket [MM Docket No. 93–25; FCC 04–44] [FR Doc. 04–20099 Filed 9–2–04; 8:45 am] Operations, telephone 202–366–0271. BILLING CODE 9110–12–P SUPPLEMENTARY INFORMATION: Section RIN 3060–AF39 67.147 of title 46 of the Code of Federal Implementation of the Cable Television DEPARTMENT OF HOMELAND Regulations (CFR) requires a vessel Consumer Protection and Competition SECURITY owner who seeks a coastwise Act of 1992; Direct Broadcast Satellite endorsement to submit a certified Public Interest Obligations Coast Guard application and in some cases supporting documentation. Section AGENCY: Federal Communications 46 CFR Part 67 67.179 of title 46 of the CFR requires a Commission. [USCG–2001–8825] barge owner qualified to engage in ACTION: Final rule; announcement of coastwise trade under the lease- effective date. RIN 1625–AA28 (Formerly RIN 2115–AG08) financing provisions of 46 U.S.C. SUMMARY: 12106(e) to submit a certified The Commission adopted Vessel Documentation: Lease new rules on Political Broadcasting application for the coastwise operation Financing for Vessels Engaged in the Requirements and Guidelines of a barge under a demise charter. Coastwise Trade concerning Commercialization of Submitting applications is a collection- AGENCY: Coast Guard, DHS. Children’s Programming and public of-information under OMB control no. interest obligations for Direct Broadcast ACTION: Final rule; announcement of 1625–0016 (Formerly 2115–0054). The effective date. Satellite providers. Certain rules final rule that contained the provisions contained new and modified SUMMARY: In the final rule with this for applications was published in the information collection requirements and same title published February 4, 2004, Federal Register on February 4, 2004 were published in the Federal Register we noted that the Office of Management (69 FR 5398), and is available on April 28, 2004. This document and Budget (OMB) had not approved a electronically through the docket announces the effective date of these collection-of-information associated (USCG–2001–8825) Web site at http:// published rules. with the amendments by §§ 67.147 and www.dms.dot.gov. became effective on DATES: The amendments to 47 CFR 67.179 to the collection-of-information February 4, 2004, with the exception of 25.701(d)(1)(i), 25.701(d)(1)(ii), requirements for vessel owners and § 67.147 and 67.179. 25.701(d)(2), 25.701(d)(3), 25.701(e)(3), charterers applying to engage in the As required by 44 U.S.C. 3507(d), we 25.701 (f)(6)(i), and 25.701(f)(6)(ii) coastwise trade under the lease submitted a copy of the final rule to published at 69 FR 23155, April 28, financing provisions of 46 U.S.C. OMB for its review. On July 30, 2004, 2004, are effective September 3, 2004. 12106(e). OMB has since approved that after reviewing the rule, OMB approved SUPPLEMENTARY INFORMATION: On August collection-of-information and the the collection-of-information required 24, 2004, the Office of Management and portions of the rule with these by this final rule under OMB control no. Budget (OMB) approved the information requirements will become effective 1625–0027. collection requirements contained in September 3, 2004. §§ 25.701(d)(1)(i), 25.701(d)(1)(ii), Dated: August 27, 2004. DATES: 46 CFR 67.147 and 46 CFR 25.701(d)(2), 25.701(d)(3), 25.701(e)(3), 67.179, as published February 4, 2004 Joseph J. Angelo, 25.701 (f)(6)(i), and 25.701(f)(6)(ii) (69 FR 5390), are effective September 3, Director of Standards, Marine Safety, pursuant to OMB Control No. 3060– 2004. Security, and Environmental Protection, U.S. 1065. Accordingly, the information FOR FURTHER INFORMATION CONTACT: If Coast Guard. collection requirements contained in you have questions on this document, [FR Doc. 04–20117 Filed 9–2–04; 8:45 am] these rules become effective September call Patricia Williams, Deputy Director, BILLING CODE 4910–15–P 3, 2004.

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Pursuant to the Paperwork Reduction Flounder Board of the Atlantic States vessels, registered in states and subject Act of 1995, Public Law 104–13, an Marine Fisheries Commission. to the Federal recreational summer agency may not conduct or sponsor a DATES: Effective August 31, 2004. flounder fishing measures, that land in collection of information unless it FOR FURTHER INFORMATION CONTACT: New York were subject to the following displays a currently valid control Sarah McLaughlin, Fishery Policy precautionary default measures: An number. Notwithstanding any other Analyst, (978) 281–9279, fax (978) 281– open season January 1 through provisions of law, no person shall be 9135. December 31; a minimum size of 18 subject to any penalty for failing to inches (45.7 cm) total length; and a SUPPLEMENTARY INFORMATION: The comply with a collection of information possession limit of one fish. The summer flounder conservation subject to the Paperwork Reduction Act precautionary default measures are equivalency determination process is (PRA) that does not display a valid defined as the measures that would described in the preamble of the final control number. Questions concerning achieve at least the overall required rule to implement Framework the OMB control numbers and reduction in landings for each state. expiration dates should be directed to Adjustment 2 to the Summer Flounder, Scup, and Black Sea Bass Fishery The Commission has notified NMFS Leslie F. Smith, Federal that, effective July 30, 2004, New York Communications Commission, (202) Management Plan (FMP) (66 FR 36208, implemented emergency regulations 418–0217 or via the Internet at July 11, 2001), and in the preamble to that are the conservation equivalent of [email protected]. the proposed rule to implement the 2004 recreational management measures the season, minimum size, and Federal Communications Commission. for summer flounder, scup, and black possession limit prescribed in Marlene H. Dortch, sea bass (69 FR 19805, April 14, 2004). §§ 648.102, 648.103, and 648.105(a), Secretary. NMFS published a final rule in the respectively. With regard to New York, [FR Doc. 04–20164 Filed 9–2–04; 8:45 am] Federal Register on July 13, 2004 (69 FR based on Commission approval of the BILLING CODE 6712–01–P 41980), implementing recreational state’s emergency measures, NMFS management measures for the summer announces a waiver of the permit flounder, scup, and black sea bass condition at § 648.4(b), which requires DEPARTMENT OF COMMERCE fisheries for 2004. Based on the federally permitted vessels to comply recommendation of the Atlantic States with the more restrictive management National Oceanic and Atmospheric Marine Fisheries Commission measures when state and Federal Administration (Commission), for states other than New measures differ. Therefore, effective York, NMFS determined that the immediately, federally permitted 50 CFR Part 648 summer flounder recreational fishing charter/party vessels and recreational [Docket No.040326103–4239–03; I.D. measures proposed to be implemented vessels fishing for summer flounder in 031504A] by the states for 2004 were the the Exclusive Economic Zone (EEZ) and conservation equivalent of the season, landing in New York are subject to the RIN 0648–AQ82 minimum size, and possession limit recreational management measures as prescribed in §§ 648.102, 648.103, and implemented by New York, i.e., an 18– Fisheries of the Northeastern United 648.105(a), respectively. Pursuant to the inch (45.7–cm) minimum size, a 3–fish States; Summer Flounder Recreational regulation at § 648.107(a)(1), vessels possession limit, and an open season of Fishery; Fishing Year 2004; New York subject to the Federal recreational May 15 through September 6. NMFS Measures summer flounder fishing measures and amends § 648.107(a) to indicate that the AGENCY: National Marine Fisheries landing summer flounder in one of the recreational management measures Service (NMFS), National Oceanic and states with an approved conservation implemented by the States of Atmospheric Administration (NOAA), equivalency program are not subject to Massachusetts through North Carolina Commerce. the more restrictive Federal measures, have been determined to be the ACTION: Final rule. pursuant to the provisions of § 648.4(b), conservation equivalent of the season, and instead are subject to the minimum size, and possession limit SUMMARY: NMFS announces approval of recreational fishing measures prescribed in §§ 648.102, 648.103, and conservation equivalent recreational implemented by the state in which they 648.105(a), respectively. The table management measures for summer land. Pursuant to § 648.107(b), federally below replaces Table 2 as published in flounder in New York for the remainder permitted vessels subject to the the recreational management measures of 2004. This determination is based on recreational summer flounder fishing final rule on July 13, 2004 (69 FR a recommendation from the Summer measures and other recreational fishing 41980).

2004 STATE RECREATIONAL MANAGEMENT MEASURES FOR SUMMER FLOUNDER

Posses- Minimum Size Minimum sion Limit State (inches) Size (cm) (number Open Season of fish)

MA ...... 16.5 41.9 7 Year-Round. RI ...... 17.5 44.5 7 April 1 through December 31. CT ...... 17 43.2 6 Year-Round. NY ...... 18 45.7 3 May 15 through September 6. NJ ...... 16.5 41.9 8 May 8 through October 11. DE ...... 17.5 44.5 4 Year-Round. MD ...... 16 40.6 3 Year-Round. VA ...... 17 43.2 6 March 29 through December 31. NC ...... 14 35.6 8 Year-Round.

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Classification York are now subject to the U.S.C. 604(a), as part of the final rule to precautionary default measures in implement the 2004 recreational This action is required by 50 CFR part § 648.107(b). These measures are much management measures for the summer 648. This final rule has been determined more restrictive than any measures flounder, scup, and black sea bass to be not significant for purposes of implemented by New York or any of the fisheries (69 FR 41980, July 13, 2004). Executive Order 12866. other states. This final rule reflects that A small entity compliance guide will This final rule follows a rulemaking a review of a newly submitted be sent to all holders of New York that implemented the recreational recreational management plan by New Federal party/charter permits issued for specifications for the 2004 summer York concluded that it is the the summer flounder fisheries. In flounder fishery. Coincidental with conservation equivalent to the Federal addition, copies of this notice and guide soliciting comments on the actual coastwide measures. Soliciting prior (i.e., permit holder letter) are available recreational specifications of possession comment on this rule will cause New from NMFS (see ADDRESSES) and at the limit, minimum size, and season, the York recreational fishermen fishing in following website: http:// public was invited to comment on the the exclusive economic zone, www.nero.noaa.gov. prospect of implementing the particularly the party and charter boat recreational measures through the fleet, to forego a considerable benefit. List of Subjects in 50 CFR Part 648 conservation equivalency mechanism as The New York recreational fishery is Fisheries, Fishing, Reporting and opposed to implementing them as scheduled to close on September 6, recordkeeping requirements. Federal coastwide measures. 2004. Prior comment on this final rule Dated: August 30, 2004. Conservation equivalency allows states will prevent this rule from becoming Rebecca Lent, with recreational management plans effective before the closure of the New approved by the Commission’s Summer York recreational fishery. The Deputy Assistant Administrator for Flounder Technical Committee and the Regulatory Programs, National Marine recreational fishing measures that Fisheries Service. Administrator, Northeast Region, NMFS would be implemented for federally (Regional Administrator) to implement a permitted New York vessels by this final I For the reasons set out in the preamble, modified possession limit, minimum rule allow for a greater harvest of 50 CFR part 648 is amended as follows: size, and season provided it achieves summer flounder than the precautionary PART 648—FISHERIES OF THE such state’s required reduction in default measures that will remain in NORTHEASTERN UNITED STATES recreational fishing effort. This enables effect until this final rule is states to tailor their measures to a degree implemented. Therefore, the Assistant I 1. The authority citation for part 648 to address the differing circumstances of Administrator for Fisheries, NOAA, continues to read as follows: their fisheries occasioned by the finds pursuant to 5 U.S.C. 553(b) that Authority: 16 U.S.C. 1801 et seq. seasonal movement of the stock or the prior notice and comment on this final predominance of certain sized summer rule is impracticable. I 2. In § 648.107, paragraph (a) flounder in their waters. Once a In addition, the Assistant introductory text is revised to read as conservation equivalent state plan is Administrator for Fisheries, NOAA, follows: approved, the Regional Administrator finds, pursuant to 5 U.S.C. 553(d)(1), § 648.107 Conservation equivalent waives the application of § 648.4(b); this that this final rule relieves a restriction measures for the summer flounder fishery. section of the regulations requires and, therefore, makes this rule effective (a) The Regional Administrator has federally permitted vessels to abide by immediately. The party and charter determined that the recreational fishing the stricter of the state or Federal boats from New York are currently measures proposed to be implemented measures. In the final rule subject to the precautionary default by the States of Massachusetts, Rhode implementing the recreational measures. These precautionary default Island, Connecticut, New Jersey, New specifications, the public was advised measures result in a decrease in York, Delaware, Maryland, Virginia, and that the recreational measures recreational fishing effort well in excess North Carolina for 2004 are the implemented by New York were not of the 48.5 percent that the New York conservation equivalent of the season, approved as a conservation equivalent measures must achieve to be considered minimum size, and possession limit plan. New York had originally the conservation equivalent of the prescribed in §§ 648.102, 648.103, and submitted several recreational Federal coastwide measures. As noted 648.105(a), respectively. This management plans to the Technical above, these measures are far more determination is based on a Committee that could have served as a restrictive than the measures that will recommendation from the Summer basis to approve a New York plan as a be in effect in New York waters as a Flounder Board of the Atlantic States conservation equivalent to the Federal result of this rule or to which vessels Marine Fisheries Commission. coastwide measures. However, in the from other states fishing in the exclusive end, New York elected to implement economic zone are subject. * * * * * less restrictive measures. Consequently, A Final Regulatory Flexibility [FR Doc. 04–20141 Filed 8–31–04; 3:14 pm] federally permitted vessels from New Analysis was prepared, pursuant to 5 BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 69, No. 171

Friday, September 3, 2004

This section of the FEDERAL REGISTER Renton, Washington, 98055–4056; compartment will have a smoke contains notices to the public of the proposed telephone (425) 227–2797; facsimile detection system, a fire extinguishing issuance of rules and regulations. The (425) 227–1149. system and an oxygen system. purpose of these notices is to give interested SUPPLEMENTARY INFORMATION: The LD–MCR compartment will be persons an opportunity to participate in the accessed from the main deck via a rule making prior to the adoption of the final Comments Invited ‘‘stairhouse.’’ The floor within the rules. The FAA invites interested persons to stairhouse has a hatch that leads to participate in this rulemaking by stairs which occupants use to descend DEPARTMENT OF TRANSPORTATION submitting written comments, data, or into the LD–MCR compartment. An views. The most helpful comments interface will keep this hatch open Federal Aviation Administration reference a specific portion of the when the stairhouse door is open. In special conditions, explain the reason addition, there will be an emergency 14 CFR Part 25 for any recommended change, and hatch which opens directly into the include supporting data. We ask that main passenger cabin. The LD–MCR [Docket No. NM287; Notice No. 25–04–02– compartment has a maintenance door SC] you send us two copies of written comments. which allows access to and from the Special Conditions: Airbus Model We will file in the docket all cargo compartment. This door is A330, A340–200 and A340–300 Series comments we receive as well as a report intended to be used when the airplane Airplanes; Lower Deck Mobile Crew summarizing each substantive public is not in flight for cargo loading through Rest (LD–MCR) Compartment contact with FAA personnel concerning the LD–MCR compartment and for these special conditions. The docket is maintenance personnel access to the AGENCY: Federal Aviation available for public inspection before airplane through the LD–MCR Administration (FAA), DOT. and after the comment closing date. If compartment from the cargo ACTION: Notice of proposed special you wish to review the docket in compartment. conditions. person, go to the address in the Type Certification Basis ADDRESSES section of this preamble SUMMARY: This document proposes Under the provisions of § 21.101, special conditions for Airbus Model between 9 a.m. and 5 p.m., Monday Airbus must show that Airbus Model A330, A340–200 and A340–300 series through Friday, except Federal holidays. A330, A340–200, and A340–300 series airplanes. These airplanes will have We will consider all comments we airplanes, as changed, continue to meet novel or unusual design features receive on or before the closing date for (1) the applicable provisions of the associated with a lower deck mobile comments. We will consider comments regulations incorporated by reference in crew rest (LD–MCR) compartment. The filed late if it is possible to do so A46NM (for Airbus Model A330) and in applicable airworthiness regulations do without incurring expense or delay. We A43NM (for Airbus Model A340–200 not contain adequate or appropriate may change these special conditions in and A340–300 series airplanes) or (2) safety standards for this design feature. light of the comments we receive. the applicable regulations in effect on These proposed special conditions If you want the FAA to acknowledge the date of application for the change. contain the additional safety standards receipt of your comments on this The regulations incorporated by that the Administrator considers proposal, include with your comments reference in the type certificate are necessary to establish a level of safety a pre-addressed, stamped postcard on commonly referred to as the ‘‘original equivalent to that established by the which the docket number appears. We type certification basis.’’ The regulations existing airworthiness standards. will stamp the date on the postcard and incorporated by reference in A46NM mail it back to you. DATES: Comments must be received on and A43NM are as follows: or before October 4, 2004. Background The certification basis for Airbus Models A330–300, A340–200, and ADDRESSES: Comments on this proposal On March 20, 2003, Airbus applied A340–300 series airplanes is 14 CFR may be mailed in duplicate to: Federal for a change to Type Certificate part 25, as amended by Amendments Aviation Administration, Transport Numbers A46NM and A43NM to permit 25–1 through 25–63; certain regulations Airplane Directorate, Attn: Rules Docket installation of an LD–MCR compartment at later Amendments 25–65, 25–66, and (ANM–113), Docket No. NM287, 1601 in Airbus Model A330, A340–200, and 25–77; and Amendment 25–64 with Lind Avenue, SW., Renton, Washington A340–300 series airplanes. exceptions. Refer to Type Certificate 98055–4056; or delivered in duplicate to The LD–MCR compartment will be Data Sheet (TCDS) A46NM or A43NM, the Transport Airplane Directorate at located under the passenger cabin floor as applicable, for a complete description the above address. Comments must be in the aft cargo compartment of Airbus of the certification basis for these marked: Docket No. NM287. Comments Model A330, A340–200 and A340–300 models, including certain special may be inspected in the Rules Docket series airplanes. It will be the size of a conditions that are not relevant to these weekdays, except Federal holidays, standard airfreight container and will be proposed special conditions. between 7:30 a.m. and 4 p.m. removable from the cargo compartment. The certification basis for Airbus FOR FURTHER INFORMATION CONTACT: Tim The LD–MCR compartment will be Model A330–200 series airplanes is 14 Backman, FAA, International Branch, occupied in flight but not during taxi, CFR part 25, as amended by ANM–116, Transport Airplane takeoff or landing. No more than seven Amendments 25–1 through 25–63, 25– Directorate, Aircraft Certification crewmembers at a time will be 65, 25–66, 25–68, 25–69, 25–73, 25–75, Service, 1601 Lind Avenue, SW., permitted to occupy it. The LD–MCR 25–77, 25–78, 25–81, 25–82, 25–84 and

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25–85; certain regulations at the need to address other applicable § 25.1439(a) by adding the following Amendments 25–72 and 25–74; and part 25 regulations. language, Amendment 25–64 with exceptions. Operational Evaluations and Approval In addition, protective breathing equipment Refer to TCDS A46NM for a complete must be installed in each isolated separate description of the certification basis for These special conditions specify compartment in the airplane, including that model, including certain special requirements for design approvals (i.e., upper and lower lobe galleys, in which conditions that are not relevant to these type design changes and supplemental crewmember occupancy is permitted during proposed special conditions. type certificates) of LD–MCR flight for the maximum number of If the Administrator finds that the compartments administered by the crewmembers expected to be in the area applicable airworthiness regulations FAA’s Aircraft Certification Service. during any operation. (i.e., 14 CFR part 25) do not contain Prior to operational use of a LD–MCR Section 25.1439(a) requires protective adequate or appropriate safety standards compartment, the FAA’s Flight breathing equipment (PBE) in isolated for Airbus Model A330, A340 –200, and Standards Service, Aircraft Evaluation separate compartments in which A340–300 series airplanes because of a Group (AEG), must evaluate and crewmember occupancy is permitted. novel or unusual design feature, special approve the ‘‘basic suitability’’ of the But the PBE requirements of conditions are prescribed under the LD–MCR compartment for occupation § 25.1439(a) are not appropriate in this provisions of § 21.16. by crewmembers. If an operator wishes case, because the LD–MCR compartment In addition to the applicable to utilize a LD–MCR compartment as is novel and unusual in terms of the airworthiness regulations and special ‘‘sleeping quarters,’’ the LD–MCR number of occupants. conditions, Airbus Model A330, A340– compartment must undergo an In 1976, when Amendment 25–38 was 200, and A340–300 series airplanes additional operational evaluation and adopted, underfloor galleys were the must comply with the fuel vent and approval. only isolated compartments that had exhaust emission requirements of 14 To obtain an operational evaluation, been certificated, with a maximum of CFR part 34 and with the noise the type design holder must contact the two crewmembers expected to occupy certification requirements of 14 CFR AEG within the Flight Standards those galleys. Special Condition No. 9 part 36, and the FAA must issue a Service which has operational approval addresses PBE requirements for LD– finding of regulatory adequacy pursuant authority for the project. In this MCR compartments, which can to § 611 of Public Law 92–574, the instance, it is the Seattle AEG. The type accommodate up to 7 crewmembers. ‘‘Noise Control Act of 1972.’’ design holder must request a ‘‘basic Special conditions, as defined in This number of occupants in an isolated suitability’’ evaluation or a ‘‘sleeping § 11.19, are issued in accordance with compartment was not envisioned at the § 11.38 and become part of the type quarters’’ evaluation of the crew rest. time Amendment 25–38 was adopted. certification basis in accordance with The results of these evaluations will In the event of a fire, the occupant’s § 21.101. be documented in the A330, A340–200 first action should be to leave the Special conditions are initially and A340–300 Flight Standardization confined space, unless the occupant(s) applicable to the model for which they Board (FSB) Report Appendix. In is fighting the fire. It is not appropriate are issued. Should the type certificate discussions with their FAA Principal for all LD–MCR compartment occupants for that model be amended later to Operating Inspector (POI), individual to don PBE. Taking the time to don the include any other model that operators may reference these PBE would prolong the time for the incorporates the same or similar novel standardized evaluations as the basis for occupant’s emergency evacuation and or unusual design feature, or should any an operational approval, in lieu of an possibly interfere with efforts to other model already included on the on-site operational evaluation. extinguish the fire. same type certificate be modified to An operational re-evaluation and In regards to Special Condition No. incorporate the same or similar novel or approval will be required for any 12, the FAA considers that during the unusual design feature, the special changes to the approved LD–MCR one minute smoke detection time, conditions would also apply to the other compartment configuration, if the penetration of a small quantity of smoke model under the provisions of § 21.101. changes affect procedures for emergency from the LD–MCR compartment into an egress of crewmembers, other safety occupied area on this airplane Novel or Unusual Design Features procedures for crewmembers occupying configuration would be acceptable While the installation of a LD–MCR the LD–MCR compartment, or training based upon the limitations placed in compartment is not a new concept for related to these procedures. The these special conditions. The FAA large transport category airplanes, each applicant for any such change is determination considers that the special crew rest compartment has unique responsible for notifying the Seattle conditions place sufficient restrictions features based on design, location, and AEG that a new crew rest evaluation is in the quantity and type of material use on the airplane. The LD–MCR required. allowed in crew carry-on bags that the compartment is novel in regards to part All instructions for continued threat from a fire in this remote area 25 in that it will be located below the airworthiness (ICAW), including service would be equivalent to that experienced passenger cabin floor in the aft cargo bulletins, must be submitted to the on the main cabin. compartment of Airbus Model A330, Seattle AEG for approval acceptance Applicability A340–200, and A340–300 series before the FAA issues its approval of the airplanes. Due to the novel or unusual modification. As mentioned above, these special features associated with the installation conditions are applicable to Airbus Discussion of the Proposed Special of a LD–MCR compartment, special Model A330, A340–200 and A340–300 Conditions conditions are considered necessary to series airplanes. Should Airbus apply at provide a level of safety equal to that The following clarifies how proposed a later date for a change to the type established by the airworthiness Special Condition No. 9 should be certificate to include another model regulations incorporated by reference in understood relative to the requirements incorporating the same novel or unusual the type certificates of these airplanes. of § 25.1439(a). Amendment 25–38 design feature, these special conditions These special conditions do not negate modified the requirements of would apply to that model as well.

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List of Subjects in 14 CFR Part 25 locking mechanism is installed, it must demonstrated for all evacuation routes. Aircraft, Aviation safety, Reporting be capable of being unlocked from the A flight attendant or other crewmember and recordkeeping requirements. outside without the aid of special tools. (a total of one assistant within the LD– The lock must not prevent opening from MCR compartment) may provide The authority citation for these the inside of a compartment at any time. assistance in the evacuation. Additional special conditions is as follows: 2. There must be at least two assistance may be provided by up to Authority: 49 U.S.C. 106(g), 40113, 44701, emergency evacuation routes, which three persons in the main passenger 44702, 44704. could be used by each occupant of the compartment. For evacuation routes The Proposed Special Conditions LD–MCR compartment to rapidly having stairways, the additional evacuate to the main cabin and could be assistants may descend down to one Accordingly, the Federal Aviation closed from the main passenger cabin half the elevation change from the main Administration (FAA) proposes the after evacuation. deck to the LD–MCR compartment or to following special conditions as part of (a) The routes must be located with the first landing, whichever is higher. the type certification basis for Airbus one at each end of the LD–MCR 4. The following signs and placards Model A330, A340–200 and A340–300 compartment or with two having must be provided in the LD–MCR series airplanes with a lower deck sufficient separation within the LD– compartment: mobile crew rest (LD–MCR) MCR compartment and between the (a) At least one exit sign which meets compartment installed under the routes to minimize the possibility of an the requirements of § 25.812(b)(1)(i) at passenger cabin floor in the aft cargo event (either inside or outside of the Amendment 25–58 must be located near compartment. LD–MCR compartment) rendering both each exit. However, a sign with reduced 1. Occupancy of the LD–MCR routes inoperative. background area of no less than 5.3 compartment is limited to the total (b) The routes must be designed to square inches (excluding the letters) number of installed bunks and seats in minimize the possibility of blockage, may be utilized, provided that it is each compartment. For each occupant which might result from fire, installed such that the material permitted in the LD–MCR compartment, mechanical or structural failure or from surrounding the exit sign is light in there must be an approved seat or berth persons standing on top of or against the color (e.g., white, cream, light beige). If able to withstand the maximum flight escape route. If an evacuation route the material surrounding the exit sign is loads when occupied. The maximum utilizes an area where normal not light in color, a sign with a occupancy in the LD–MCR movement of passengers occurs, it must minimum of a one-inch wide compartment is seven. be demonstrated that passengers would background border around the letters (a) There must be appropriate not impede egress to the main deck. If would also be acceptable; placards displayed in a conspicuous a hatch is installed in an evacuation (b) An appropriate placard which place at each entrance to the LD–MCR route, the point at which the evacuation defines the location and the operating compartment indicating the following route terminates in the passenger cabin instructions for each evacuation route information: should not be located where normal must be located near each exit; (1) The maximum number of movement by passengers or crew occur, (c) Placards must be readable from a occupants allowed; such as in a main aisle, cross aisle, distance of 30 inches under emergency (2) That occupancy is restricted to passageway or galley complex. crewmembers trained in the evacuation If such a location cannot be avoided, lighting conditions; and procedures for the LD–MCR special consideration must be taken to (d) The exit handles and the placards compartment; ensure that the hatch or door can be with the evacuation path operating (3) That occupancy is prohibited opened when a person who is the instructions must be illuminated to at during taxi, take-off and landing; weight of a ninety-fifth percentile male least 160 microlamberts under (4) That smoking is prohibited in the is standing on the hatch or door. emergency lighting conditions. LD–MCR compartment; and The use of evacuation routes must not 5. There must be a means for (5) That the LD–MCR compartment is be dependent on any powered device. If emergency illumination to be limited to the stowage of personal there is low headroom at or near an automatically provided for the LD–MCR luggage of crewmembers and must not evacuation route, provision must be compartment in the event of failure of be used for the stowage of cargo or made to prevent or to protect occupants the main power system of the airplane passenger baggage. of the LD–MCR compartment from head or of the normal lighting system of the (b) There must be at least one ashtray injury. LD–MCR compartment. located conspicuously on or near the (c) Emergency evacuation procedures, (a) This emergency illumination must entry side of any entrance to the LD– including the emergency evacuation of be independent of the main lighting MCR compartment. an incapacitated crewmember from the system. (c) There must be a means to prevent LD–MCR compartment, must be (b) The sources of general cabin passengers from entering the LD–MCR established. All of these procedures illumination may be common to both compartment in an emergency or when must be transmitted to the operator for the emergency and the main lighting no flight attendant is present. incorporation into its training programs systems, if the power supply to the (d) There must be a means for any and appropriate operational manuals. emergency lighting system is door installed between the LD–MCR (d) There must be a limitation in the independent of the power supply to the compartment and the passenger cabin to Airplane Flight Manual or other suitable main lighting system. be capable of being quickly opened from means requiring that crewmembers be (c) The illumination level must be inside the LD–MCR compartment, even trained in the use of evacuation routes. sufficient for the occupants of the LD– when crowding occurs at each side of 3. There must be a means for the MCR compartment to locate and transfer the door. evacuation of an incapacitated to the main passenger cabin floor by (e) For all doors installed in the crewmember who is representative of a means of each evacuation route. evacuation routes, there must be a 95th percentile male from the LD–MCR (d) The illumination level must be means to preclude anyone from being compartment to the passenger cabin sufficient to locate a deployed oxygen trapped inside a compartment. If a floor. The evacuation must be mask with the privacy curtains in the

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closed position for each occupant of the (a) At least one approved hand-held within five minutes after the LD–MCR LD–MCR compartment. fire extinguisher appropriate for the compartment is closed. 6. There must be means for two-way kinds of fires likely to occur; Hazardous quantities of smoke may voice communications between (b) Two Personal Breathing not enter any other compartment crewmembers on the flight deck and Equipment (PBE) units approved to occupied by crewmembers or crewmembers in the LD–MCR Technical Standard Order (TSO)–C116 passengers during subsequent access to compartment. Section 25.785(h) at or equivalent, which are suitable for fire manually fight a fire in the LD–MCR Amendment 25–51 requires flight fighting, or one PBE for each hand-held compartment. (The amount of smoke attendant seats near required floor level fire extinguisher, whichever is greater; entrained by a firefighter exiting the emergency exits. Each such exit seat on and LD–MCR compartment through the the aircraft must have a public address (c) One flashlight. access is not considered hazardous). system microphone that allows two-way Note: Additional PBEs and fire During the one-minute smoke detection voice communications between flight extinguishers in specific locations, beyond time, penetration of a small quantity of attendants and crewmembers in the LD– the minimum numbers prescribed in Special smoke from the LD–MCR compartment MCR compartment. One microphone Condition No. 9, may be required as a result into an occupied area is acceptable. may serve more than one such exit seat, of any egress analysis accomplished to satisfy Flight tests must be conducted to show provided the proximity of the exits Special Condition No. 2(a). compliance with this requirement. allows unassisted verbal 10. A smoke or fire detection system If a built-in fire extinguishing system communications between seated flight or systems must be provided to monitor is used in lieu of manual fire fighting, attendants. each occupiable area within the LD– the fire extinguishing system must be 7. There must be a means for manual MCR compartment, including those designed so that no hazardous activation of an aural emergency alarm areas partitioned by curtains. Flight quantities of extinguishing agent will system, audible during normal and tests must be conducted to show enter other compartments occupied by emergency conditions, to enable compliance with this requirement. Each passengers or crewmembers. The system crewmembers on the flight deck and at smoke or fire detection system must must have adequate capacity to each pair of required floor-level provide the following: suppress any fire occurring in the LD– emergency exits to alert crewmembers (a) A visual indication to the flight MCR compartment, considering the fire in the LD–MCR compartment of an deck within one minute after the start of threat, the volume of the compartment emergency. Use of a public address or a fire; and the ventilation rate. crew interphone system will be (b) An aural warning in the LD–MCR 13. For each seat and berth in the LD– acceptable, provided an adequate means compartment; and MCR compartment, there must be a of differentiating between normal and (c) A warning in the main passenger supplemental oxygen system equivalent emergency communications is cabin. This warning must be readily to that provided for main deck incorporated. The system must be detectable by a flight attendant, taking passengers. The system must provide an powered in flight for at least ten into consideration the positioning of aural and visual warning to alert the minutes after the shutdown or failure of flight attendants throughout the main occupants of the LD–MCR compartment all engines and auxiliary power units passenger compartment during various of the need to don oxygen masks in the (APU) or the disconnection or failure of phases of flight. event of decompression. The warning all power sources which are dependent 11. The LD–MCR compartment must must activate before the cabin pressure on the continued operation of the be designed such that fires within it can altitude exceeds 15,000 feet. The aural engines and APUs. be controlled without a crewmember warning must sound continuously for a 8. There must be a means’readily having to enter the compartment or be minimum of five minutes or until a reset detectable by seated or standing designed such that crewmembers push button in the LD–MCR occupants of the LD–MCR equipped for fire fighting have compartment is depressed. Procedures compartment’which indicates when seat unrestricted access to the compartment. for crewmembers in the LD–MCR belts should be fastened. If there are no The time for a crewmember on the main compartment to follow in the event of seats, at least one means, such as deck to react to the fire alarm, don the decompression must be established. sufficient handholds, must be provided fire fighting equipment, and gain access These procedures must be transmitted to cover anticipated turbulence. Seat must not exceed the time for the to the operator for incorporation into belt-type restraints must be provided for compartment to become smoke-filled, their training programs and appropriate berths and must be compatible with the making it difficult to locate the source operational manuals. sleeping attitude during cruise of the fire. 14. The following requirements apply conditions. There must be a placard on 12. There must be a means provided to LD–MCR compartments that are each berth indicating that seat belts to exclude hazardous quantities of divided into several sections by the must be fastened when the berth is smoke or extinguishing agent installation of curtains or doors: occupied. If compliance with any of the originating in the LD–MCR (a) To warn crewmembers who may other requirements of these special compartment from entering any other be sleeping, there must be an aural alert conditions is predicated on specific compartment occupied by crewmembers that accompanies automatic head location, there must be a placard or passengers. This means must include presentation of supplemental oxygen specifying the head position. the time periods during the evacuation masks. The alert must be able to be 9. To provide a level of safety of the LD–MCR compartment and, if heard in each section of the LD–MCR equivalent to that provided to occupants applicable, when accessing the LD–MCR compartment. A visual indicator that of a small isolated galley—in lieu of the compartment to manually fight a fire. occupants must don an oxygen mask is requirements of § 25.1439(a) at Smoke entering any other compartment required in each section where seats or Amendment 25–38 that pertain to occupied by crewmembers or berths are not installed. A minimum of isolated compartments—the following passengers when the LD–MCR two supplemental oxygen masks are equipment must be provided in the LD– compartment is opened during an required for each seat or berth. There MCR compartment: emergency evacuation must dissipate must also be a means to manually

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deploy the oxygen masks from the flight (2) Any door between the sections boundary of the reduced cargo deck. must be shown to be openable when compartment and is subject to direct (b) A placard is required adjacent to crowded against, even when crowding flame impingement from a fire in the each curtain that visually divides or occurs at each side of the door. cargo compartment—and any interface separates the LD–MCR compartment (3) There may be no more than one item between the LD–MCR into small sections for privacy purposes. door between any seat or berth and the compartment and the airplane structure The placard must indicate that the primary stairway exit. or systems must meet the applicable curtain is to remain open when the (4) There must be exit signs in each requirements of § 25.855 at Amendment private section it creates is unoccupied. section which meet the requirements of 25–60. (c) For each section created by the § 25.812(b)(1)(i) at Amendment 25–58 installation of a curtain, the following that direct occupants to the primary (b) Means must be provided to ensure requirements of these special conditions stairway exit. An exit sign with reduced that the fire protection level of the cargo must be met both with the curtain open background area, as described in Special compartment meets the applicable or the curtain closed: Condition No. 4.(a), may be used to requirements of §§ 25.855 at (1) Emergency illumination (Special meet this requirement. Amendment 25–60; 25.857 at Condition No. 5); (5) Special Conditions No. 5 Amendment 25–60; and 25.858 at (2) Aural emergency alarm (Special (emergency illumination), No. 7 (aural Amendment 25–54 when the LD–MCR Condition No. 7); emergency alarm), No. 8 (fasten seat belt compartment is not installed. (3) Fasten seat belt signal or return to signal or return to seat signal as (c) Use of each emergency evacuation seat signal as applicable (Special applicable) and No. 10 (smoke and fire route must not require occupants of the Condition No. 8); and detection) must be met both with the LD–MCR compartment to enter the (4) Smoke or fire detection (Special door open and the door closed. cargo compartment in order to return to Condition No. 10). (6) Special Conditions No. 6 (two-way the passenger compartment. (d) Crew rest compartments visually voice communication) and No. 9 (PBE divided to the extent that evacuation and other equipment) must be met (d) The aural emergency alarm could be affected must have exit signs independently for each separate section, specified in Special Condition No. 7 that direct occupants to the primary except in lavatories or other small areas must sound in the LD–MCR stairway exit. The exit signs must be that are not intended to be occupied for compartment in the event of a fire in the provided in each separate section of the extended periods of time. cargo compartment. LD–MCR compartment and must meet 15. Where a waste disposal receptacle 19. Means must be provided to the requirements of § 25.812(b)(1)(i) at is fitted, it must be equipped with a prevent access into the Class C cargo Amendment 25–58. An exit sign with built-in fire extinguisher designed to compartment during all airplane reduced background area, as described discharge automatically upon operations and to ensure that the in Special Condition No. 4.(a), may be occurrence of a fire in the receptacle. maintenance door is closed during all used to meet this requirement. 16. Materials, including finishes or airplane flight operations. (e) For sections within a LD–MCR decorative surfaces applied to the compartment that are created by the materials, must comply with the 20. All enclosed stowage installation of a partition with a door flammability standards of § 25.853 at compartments within the LD–MCR separating the sections, the following Amendment 25–66. Mattresses must compartment—that are not limited to requirements of these special conditions comply with the flammability standards stowage of emergency equipment or must be met with the door open and of § 25.853(b) and (c) at Amendment 25– airplane supplied equipment (i.e., with the door closed: 66. bedding)—must meet the design criteria (1) There must be a secondary 17. A lavatory within the LD–MCR given in the table below. As indicated evacuation route from each section to compartment must meet the same in the table, enclosed stowage the main deck, or it must be shown that requirements as a lavatory installed on compartments larger than 200 ft 3 in any door between the sections has been the main deck, except with regard to interior volume are not addressed by designed to preclude anyone from being Special Condition No. 10 for smoke this Special Condition. The in-flight trapped inside the compartment. detection. accessibility of very large enclosed Removal of an incapacitated 18. When a LD–MCR compartment is stowage compartments and the crewmember from this area must be installed or enclosed as a removable subsequent impact on the considered. A secondary evacuation module in part of a cargo compartment crewmembers’ ability to effectively route from a small room designed for or is located directly adjacent to a cargo reach any part of the compartment with only one occupant for a short period of compartment without an intervening the contents of a hand fire extinguisher time, such as a changing area or cargo compartment wall, the following will require additional fire protection lavatory, is not required. However, conditions apply: considerations similar to those required removal of an incapacitated occupant (a) Any wall of the LD–MCR for inaccessible compartments such as from this area must be considered. compartment—which forms part of the Class C cargo compartments.

Fire protection features Interior volume of stowage compartment less than 25 ft 3 25 ft 3 to 57 ft 3 57 ft 3 to 200 ft 3

Materials of Construction1 ...... Yes ...... Yes ...... Yes. Smoke or Fire Detectors2 ...... No ...... Yes ...... Yes. Liner 3 ...... No ...... Conditional ...... Yes. Location Detector 4 ...... No ...... Yes ...... Yes. 1 Material: The material used to construct each enclosed stowage compartment must at least be fire resistant and must meet the flammability standards for interior components specified in § 25.853. For compartments less than 25 ft 3 in interior volume, the design must ensure the ability to contain a fire likely to occur within the compartment under normal use.

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2 Detectors: Enclosed stowage compartments with an interior volume which equals or exceeds 25 ft 3 must be provided with a smoke or fire detection system to ensure that a fire can be detected within a one-minute detection time. Flight tests must be conducted to show compliance with this requirement. Each system (or systems) must provide: (a) A visual indication in the flight deck within one minute after the start of a fire; (b) An aural warning in the LD–MCR compartment; and (c) A warning in the main passenger cabin. This warning must be readily detectable by a flight attendant, taking into consideration the posi- tioning of flight attendants throughout the main passenger compartment during various phases of flight. 3 Liner: If it can be shown that the material used to construct the stowage compartment meets the flammability requirements of a liner for a Class B cargo compartment, no liner would be required for enclosed stowage compartments equal to or greater than 25 ft 3 but less than 57 ft 3 in interior volume. For all enclosed stowage compartments equal to or greater than 57 ft 3 but less than or equal to 200 ft 3 in interior volume, a liner must be provided that meets the requirements of § 25.855 at Amendment 25–60 for a class B cargo compartment. 4 Location Detector: LD–MCR compartments which contain enclosed stowage compartments with an interior volume which exceeds 25 ft 3 and which are located away from one central location, such as the entry to the LD–MCR compartment or a common area within the LD–MCR com- partment, would require additional fire protection features or devices to assist the firefighter in determining the location of a fire.

Issued in Renton, Washington, on August and follow the instructions for sending regarding this proposed AD. Send your 26, 2004. your comments electronically. comments to an address listed under K.C. Yanamura, • Mail: Docket Management Facility, ADDRESSES. Include ‘‘Docket No. FAA– Acting Manager, Transport Airplane U.S. Department of Transportation, 400 2004–19001; Directorate Identifier Directorate, Aircraft Certification Service. Seventh Street SW, Nassif Building, 2004–NM–98–AD’’ at the beginning of [FR Doc. 04–20170 Filed 9–2–04; 8:45 am] room PL–401, Washington, DC 20590. your comments. We specifically invite • BILLING CODE 4910–13–P By fax: (202) 493–2251. comments on the overall regulatory, • Hand Delivery: Room PL–401 on economic, environmental, and energy the plaza level of the Nassif Building, aspects of the proposed AD. We will DEPARTMENT OF TRANSPORTATION 400 Seventh Street SW, Washington, consider all comments submitted by the DC, between 9 a.m. and 5 p.m., Monday closing date and may amend the Federal Aviation Administration through Friday, except Federal holidays. proposed AD in light of those You can get the service information comments. 14 CFR Part 39 identified in this proposed AD from We will post all comments we [Docket No. FAA–2004–19001; Directorate Saab Aircraft AB, SAAB Aircraft receive, without change, to http:// Identifier 2004–NM–98–AD] Product Support, S–581.88, Linko¨ping, dms.dot.gov, including any personal Sweden. information you provide. We will also RIN 2120–AA64 You can examine the contents of this post a report summarizing each AD docket on the Internet at http:// substantive verbal contact with FAA Airworthiness Directives; Saab Model dms.dot.gov, or in person at the Docket SAAB SF340A and SAAB 340B Series personnel concerning this proposed AD. Management Facility, U.S. Department Airplanes Using the search function of our docket of Transportation, 400 Seventh Street Web site, anyone can find and read the AGENCY: Federal Aviation SW, room PL–401, on the plaza level of comments in any of our dockets, Administration (FAA), DOT. the Nassif Building, Washington, DC. including the name of the individual ACTION: Notice of proposed rulemaking FOR FURTHER INFORMATION CONTACT: who sent the comment (or signed the (NPRM). Technical information: Dan Rodina, comment on behalf of an association, Aerospace Engineer, International business, labor union, etc.). You may SUMMARY: The FAA proposes to adopt a Branch, ANM–116, FAA, Transport review the DOT’s complete Privacy Act new airworthiness directive (AD) for Airplane Directorate, 1601 Lind Statement in the Federal Register certain Saab Model SAAB SF340A and Avenue, SW., Renton, Washington published on April 11, 2000 (65 FR SAAB 340B series airplanes. This 98055–4056; telephone (425) 227–2125; 19477–78), or you may visit http:// proposed AD would require an fax (425) 227–1149. dms.dot.gov. inspection of the elevator and aileron Plain language information: Marcia We are reviewing the writing style we trim-tab fittings, and related Walters, [email protected]. currently use in regulatory documents. investigative/corrective actions if SUPPLEMENTARY INFORMATION: We are interested in your comments on necessary. This proposed AD is whether the style of this document is prompted by reports of improperly Docket Management System (DMS) clear, and your suggestions to improve installed rivets in the retainers that hold The FAA has implemented new the clarity of our communications that the elevator trim-tab bearings. We are procedures for maintaining AD dockets affect you. You can get more proposing this AD to prevent the electronically. As of May 17, 2004, new information about plain language at elevator and aileron trim-tab bearings AD actions are posted on DMS and http://www.faa.gov/language and http:// from coming loose, which could result assigned a docket number. We track www.plainlanguage.gov. in excessive play in the elevator and each action and assign a corresponding Examining the Docket aileron trim systems, and reduced directorate identifier. The DMS AD controllability of the airplane. docket number is in the form ‘‘Docket You may examine the AD docket in DATES: We must receive comments on No. FAA–2004–99999.’’ The Transport person at the Docket Management this proposed AD by October 4, 2004. Airplane Directorate identifier is in the Facility office between 9 a.m. and 5 ADDRESSES: Use one of the following form ‘‘Directorate Identifier 2004–NM– p.m., Monday through Friday, except addresses to submit comments on this 999–AD.’’ Each DMS AD docket also Federal holidays. The Docket proposed AD. lists the directorate identifier (‘‘Old Management Facility office (telephone • DOT Docket Web site: Go to http:/ Docket Number’’) as a cross-reference (800) 647–5227) is in the Nassif /dms.dot.gov and follow the instructions for searching purposes. Building at the DOT street address for sending your comments stated in the ADDRESSES section. electronically. Comments Invited Comments will be available in the AD • Government-wide rulemaking Web We invite you to submit any relevant docket shortly after the DMS receives site: Go to http://www.regulations.gov written data, views, or arguments them.

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Discussion Saab 340 Structural Repair Manual agreement. According to this bilateral The Luftfartsverket (LFV), which is (SRM) 51–40–20, paragraph ‘‘Solid airworthiness agreement, the LFV has the airworthiness authority for Sweden, Rivet Inspection’’) the rivets and kept the FAA informed of the situation notified us that an unsafe condition may retainers that attach the elevator and described above. We have examined the exist on certain Saab Model SAAB aileron trim-tabs to the airplane LFV’s findings, evaluated all pertinent SF340A and SAAB 340B series structure. information, and determined that we • Replacing damaged rivets with new airplanes. The LFV advises that it has need to issue an AD for products of this rivets and installing new bearings. received reports from operators type design that are certificated for • Inspecting the elevator and aileron regarding improperly installed rivets in operation in the United States. trim mechanical installations (e.g., the retainers located in the elevator Therefore, we are proposing this AD, pushrods and levers) for damage (as trim-tab fittings. The retainers hold the which would require inspections of the specified in the SRM) and loose elevator trim-tab bearings. Improperly elevator and aileron trim-tab fittings, fasteners. and related investigative/corrective installed rivets, if not corrected, could • Replacing damaged parts and actions if necessary. The proposed AD result in loose elevator trim-tab tightening loose fasteners. bearings, which could result in • would require you to use the service Inspecting the axial play of the information described previously to excessive play in the elevator control elevator trim-tab bearings. system, severe oscillations, and reduced • perform these actions, except as Inspecting the axial play of the discussed under ‘‘Differences Between controllability of the airplane. aileron trim-tab bearings and the The aileron trim-tab system is similar the Proposed AD and Service movement of the third hinge. Information.’’ in design to the elevator trim-tab • Doing a backlash inspection after all system. The aileron trim-tabs may be of the necessary corrective actions have Differences Between the Proposed AD subject to a similar unsafe condition. If been done. and Service Information the rivets that hold the retainers for the • Reporting to the manufacturer any aileron trim-tab bearings are improperly major damage found to any retainer. Although the Accomplishment installed, the aileron trim-tab bearing • Marking the lower right corner of Instructions of the referenced service could become loose. This condition, if each elevator and aileron trim-tab bulletin describe procedures for not corrected, could result in excessive identification plate with three in-line reporting certain damage to the play in the aileron control system, punch marks. manufacturer, this proposed AD would severe oscillations, and reduced We have determined that not require that action. controllability of the airplane. Because accomplishing the actions specified in The service bulletin specifies to do a of the similar design, the LFV advises the service information will adequately ‘‘visual inspection’’ to determine if that both the elevator and aileron trim- address the unsafe condition. The LFV riveted greasable bearings are installed tab fittings be inspected. mandated the service information and on the elevator and aileron trim-tab fittings. The service bulletin also Relevant Service Information issued Swedish airworthiness directive 1–194, dated October 14, 2003, to specifies to do an ‘‘inspection’’ for Saab has issued Service Bulletin 340– ensure the continued airworthiness of damage to the rivets that attach the 51–025, Revision 01, dated October 21, these airplanes in Sweden. retainers to the elevator and aileron 2003. The service bulletin describes trim-tab fittings. This proposed AD procedures for visual inspections of the FAA’s Determination and Requirements would require ‘‘detailed inspections’’ elevator and aileron trim-tab fittings to of the Proposed AD for these actions. We have included the determine if riveted, greasable bearings These airplane models are definition for a detailed inspection in a are installed, and related investigative manufactured in Sweden and are type note in this proposed AD. and corrective actions. The related certificated for operation in the United Costs of Compliance investigative and corrective actions States under the provisions of section include: 21.29 of the Federal Aviation The following table provides the • Inspecting for damage and Regulations (14 CFR 21.29) and the estimated costs for U.S. operators to acceptance limits (as specified in the applicable bilateral airworthiness comply with this proposed AD.

ESTIMATED COSTS

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

Inspection ...... 16 $65 None $1,040 170 $176,800

Regulatory Findings responsibilities among the various on a substantial number of small entities levels of government. under the criteria of the Regulatory We have determined that this For the reasons discussed above, I Flexibility Act. proposed AD would not have federalism certify that the proposed regulation: We prepared a regulatory evaluation implications under Executive Order 1. Is not a ‘‘significant regulatory 13132. This proposed AD would not action’’ under Executive Order 12866; of the estimated costs to comply with have a substantial direct effect on the 2. Is not a ‘‘significant rule’’ under the this proposed AD. See the ADDRESSES States, on the relationship between the DOT Regulatory Policies and Procedures section for a location to examine the national Government and the States, or (44 FR 11034, February 26, 1979); and regulatory evaluation. on the distribution of power and 3. Will not have a significant economic impact, positive or negative,

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List of Subjects in 14 CFR Part 39 irregularity. Available lighting is normally reinforced flight deck door. This supplemented with a direct source of good proposed AD would expand the Air transportation, Aircraft, Aviation lighting at an intensity deemed appropriate. safety, Safety. applicability of the existing AD and Inspection aids such as mirror, magnifying require other actions related to the The Proposed Amendment lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be reinforced flight deck door. These other Accordingly, under the authority required.’’ actions include modifying the door, delegated to me by the Administrator, inspecting and modifying wiring in the the FAA proposes to amend 14 CFR part Parts Installation area, and revising the maintenance 39 as follows: (g) As of the effective date of this AD, no program to require more frequent testing person may install on any airplane an of the decompression panels of the PART 39—AIRWORTHINESS elevator or aileron trim-tab fitting unless it flight deck door. This proposed AD is DIRECTIVES has been inspected, and any applicable prompted by reports of discrepancies corrective actions have been done, in with the reinforced flight deck door. We 1. The authority citation for part 39 accordance with paragraph (f) of this AD. are proposing this AD to prevent continues to read as follows: Reporting Not Required inadvertent release of the Authority: 49 U.S.C. 106(g), 40113, 44701. (h) Although the service bulletin decompression latch and consequent § 39.13 [Amended] referenced in this AD specifies to submit opening of the decompression panel in certain information to the manufacturer, this the flight deck door, or penetration of 2. The FAA amends § 39.13 by adding AD does not include that requirement. the flight deck door by smoke or the following new airworthiness shrapnel, any of which could result in directive (AD): Alternative Methods of Compliance (AMOCs) injury to the airplane flightcrew. This Saab Aircraft AB: Docket No. FAA–2004– (i) The Manager, International Branch, proposed AD would also find and fix 19001; Directorate Identifier 2004–NM– ANM–116, Transport Airplane Directorate, wire chafing, which could result in 98–AD. FAA, has the authority to approve AMOCs arcing, fire, and/or reduced Comments Due Date for this AD, if requested using the procedures controllability of the airplane. found in 14 CFR 39.19. (a) The Federal Aviation Administration DATES: We must receive comments on must receive comments on this AD action by Related Information this proposed AD by October 18, 2004. October 4, 2004. (j) Swedish airworthiness directive 1–194, ADDRESSES: Use one of the following Affected ADs dated October 14, 2003, also addresses the addresses to submit comments on this subject of this AD. (b) None. proposed AD. Issued in Renton, Washington, on August • Applicability DOT Docket Web site: Go to http:/ 25, 2004. /dms.dot.gov and follow the instructions (c) This AD applies to certain Saab Model Kevin M. Mullin, for sending your comments SAAB SF340A series airplanes, line numbers Acting Manager, Transport Airplane 004 through 159 inclusive; and SAAB 340B electronically. Directorate, Aircraft Certification Service. • series airplanes, line numbers 160 through Government-wide rulemaking Web 459 inclusive; certificated in any category. [FR Doc. 04–20121 Filed 9–2–04; 8:45 am] site: Go to http://www.regulations.gov BILLING CODE 4910–13–P and follow the instructions for sending Unsafe Condition your comments electronically. (d) This AD was prompted by reports of • Mail: Docket Management Facility; improperly installed rivets in the retainers DEPARTMENT OF TRANSPORTATION U.S. Department of Transportation, 400 located in the elevator trim-tab fittings. The Seventh Street SW., Nassif Building, retainers hold the trim-tab bearings. We are Federal Aviation Administration issuing this AD to prevent the elevator and room PL–401, Washington, DC 20590. • Fax: (202) 493–2251. aileron trim-tab bearings from coming loose, 14 CFR Part 39 which could result in excessive play in the • Hand Delivery: Room PL–401 on elevator and aileron trim systems, and [Docket No. FAA–2004–18998; Directorate the plaza level of the Nassif Building, reduced controllability of the airplane. Identifier 2003–NM–253–AD] 400 Seventh Street SW., Washington, Compliance RIN 2120–AA64 DC, between 9 a.m. and 5 p.m., Monday (e) You are responsible for having the through Friday, except Federal holidays. actions required by this AD performed within Airworthiness Directives; Boeing For service information identified in the compliance times specified, unless the Model 737–200, 737–300, 737–400, this proposed AD, contact Boeing actions have already been done. 737–500, 737–600, 737–700, 737–800, Commercial Airplanes, P.O. Box 3707, 737–900, 757–200, and 757–300 Series Inspection and Related Investigative/ Seattle, Washington 98124–2207; or Corrective Actions Airplanes; and McDonnell Douglas C & D Aerospace, 5701 Bolsa Avenue, Model DC–10–10, DC–10–10F, DC–10– Huntington Beach, California 92647– (f) Within 800 flight hours or 6 months 30, DC–10–30F, DC–10–40, MD–10– after the effective date of this AD, whichever 2063. is first: Do a detailed inspection of the 10F, MD–10–30F, MD–11, and MD–11F You can examine the contents of this elevator and aileron trim-tab fittings, and all Airplanes AD docket on the Internet at http:// applicable related investigative and dms.dot.gov, or at the Docket AGENCY: Federal Aviation corrective actions, by accomplishing all of Management Facility, U.S. Department Administration (FAA), DOT. the actions in the Accomplishment of Transportation, 400 Seventh Street Instructions of Saab Service Bulletin 340–51– ACTION: Notice of proposed rulemaking SW., room PL–401, on the plaza level of 025, Revision 01, dated October 21, 2003. (NPRM). the Nassif Building, Washington, DC. Any related investigative and corrective actions must be done before further flight. SUMMARY: The FAA proposes to FOR FURTHER INFORMATION CONTACT: Ron Note 1: For the purposes of this AD, a supersede an existing airworthiness Atmur, Aerospace Engineer, Airframe detailed inspection is: ‘‘An intensive directive (AD) that applies to certain Branch, ANM–120L, FAA, Los Angeles examination of a specific item, installation, transport category airplanes. That AD Aircraft Certification Office, 3960 or assembly to detect damage, failure, or currently requires modification of the Paramount Boulevard, Lakewood,

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California 90712–4137; telephone (562) Examining the Docket • Based on post-certification testing, 627–5224; fax (562) 627–5210. You can examine the AD docket on other modifications are necessary to the reinforced flight deck door. These SUPPLEMENTARY INFORMATION: the Internet at http://dms.dot.gov, or in person at the Docket Management modifications are included in the Docket Management System (DMS) Facility office between 9 a.m. and 5 service information we reference in AD p.m., Monday through Friday, except 2003–14–04, but we did not previously The FAA has implemented new Federal holidays. The Docket require them (as explained in the procedures for maintaining AD dockets Management Facility office (telephone ‘‘Differences Between This AD and the electronically. As of May 17, 2004, new (800) 647–5227) is located on the plaza Service Bulletins’’ section of AD 2003– AD actions are posted on DMS and level of the Nassif Building at the DOT 14–04). Installing an armor plate over assigned a docket number. We track street address stated in the ADDRESSES the deadbolt area of the flight deck door each action and assign a corresponding section. Comments will be available in will better protect the door edge and directorate identifier. The DMS AD the AD docket shortly after the DMS door lip extrusion against penetration docket number is in the form ‘‘Docket receives them. by bullets. Although the door as No. FAA–2004–99999.’’ The Transport certified meets the ballistics and Airplane Directorate identifier is in the Discussion intrusion resistance security form ‘‘Directorate Identifier 2004–NM– On July 2, 2003, we issued AD 2003– requirements of Section 25.795 999–AD.’’ Each DMS AD docket also 14–04, amendment 39–13223 (68 FR (‘‘Security Considerations’’) of the lists the directorate identifier (‘‘Old 41063, July 10, 2003), for certain Boeing Federal Aviation Regulations (14 CFR Docket Number’’) as a cross-reference Model 737–200, 737–300, 737–400, 25.795) (when the door is properly for searching purposes. 737–500, 737–600, 737–700, 737–800, closed, latched, and locked), fragments 737–900, 757–200, and 757–300 series caused by a bullet striking the door Comments Invited airplanes; and McDonnell Douglas latch area could enter the flight deck and cause injury to a member of the We invite you to submit any written Model DC–10–10F, DC–10–30, DC–10– flightcrew. Also, strengthening the relevant data, views, or arguments 30F, DC–10–40, MD–10–30F, MD–11, smoke screens will allow the smoke regarding this proposed AD. Send your and MD–11F airplanes. That AD requires modification of the reinforced screens to close properly and prevent comments to an address listed under smoke from entering the flight deck in ADDRESSES. flight deck door installed on the Include ‘‘Docket No. FAA– the event of a fire in the airplane. Smoke 2004–18998; Directorate Identifier airplane. That AD was prompted by several reports of incidents involving in the flight deck could hinder the 2003–NM–253–AD’’ at the beginning of the reinforced flight deck door on flightcrew’s ability to continue to fly the your comments. We specifically invite certain Boeing Model 737–300, 737– airplane safely. comments on the overall regulatory, 500, 737–800, and 757–200 series • For certain Model 737 and 757 economic, environmental, and energy airplanes. We issued that AD to prevent series airplanes, the interval for the aspects of the proposed AD. We will inadvertent release of the repetitive functional test of the consider all comments received by the decompression latch and consequent decompression panels of the reinforced closing date and may amend the opening of the decompression panel in flight deck doors, as established in the proposed AD in light of those the flight deck door. If an airplane original issue of the Certification comments. crewmember is in close proximity to the Maintenance Requirements (CMR) We will post all comments we flight deck door when the document, is not conservative enough. receive, without change, to http:// decompression panel opens, the More frequent inspections are needed to dms.dot.gov, including any personal decompression panel could hit and ensure that any failure is found in a information you provide. We will also injure the crewmember. timely manner. post a report summarizing each • Certain wiring in the area of the Actions Since Existing AD Was Issued substantive verbal contact with FAA flight deck door on Model 737–200 personnel concerning this proposed AD. Since we issued AD 2003–14–04, we series airplanes could be damaged due have made these determinations: to, for example, chafing against a Using the search function of our docket • Web site, anyone can find and read the Some subject airplanes may have connector bracket for the flight deck comments in any of our dockets, been excluded from AD 2003–14–04’s door wiring and the flight deck door including the name of the individual applicability. The requirements of that post. This damage could result in who sent the comment (or signed the AD should apply to any airplane that arcing, fire, and/or reduced comment on behalf of an association, has an affected reinforced flight deck controllability of the airplane. door installed under certain business, labor union, etc.). You can These determinations have prompted supplemental type certificates (STC), review the DOT’s complete Privacy Act us to propose the new AD. not just those airplanes listed in the Statement in the Federal Register service bulletins that AD 2003–14–04 Relevant Service Information published on April 11, 2000 (65 FR references. We have reviewed these service 19477–78), or you can visit http:// • For Model DC–10, MD–11, and bulletins: dms.dot.gov. MD–11F series airplanes, the currently • C & D Aerospace Report B22–69, We are reviewing the writing style we required modifications may not prevent Revision E, dated November 8, 2002, currently use in regulatory documents. inadvertent release of the which applies to certain McDonnell We are interested in your comments on decompression latch and consequent Douglas Model 737 and 757 series whether the style of this document is opening of the decompression panel in airplanes. That report summarizes the clear, and your suggestions to improve the flight deck door. Installing new, CMRs for the reinforced flight deck the clarity of our communications that improved latch straps on the upper and doors installed on those airplanes. affect you. You can get more lower decompression panels on the Revision E of that report reduces the information about plain language at flight deck door will better ensure that repetitive interval for functional tests of http://www.faa.gov/language and http:// a decompression panel does not open the decompression panels of the flight www.plainlanguage.gov. inadvertently. deck door.

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• C & D Aerospace Service Bulletin 30, 2003, which applies to certain flight C & D Aerospace Alert Service B211200–52–02, Revision 2, dated deck door assemblies installed on Bulletin B221001–52A02 specifies September 29, 2003, which applies to certain Model MD–11 airplanes. That inspecting for chafing of wire bundles in certain flight deck door assemblies service bulletin describes procedures for the area of the flight deck door, but does installed on certain McDonnell Douglas modifying the flight deck door by not specify the type of inspection. Model DC–10, MD–10, and MD–11 installing stiffeners to strengthen the Paragraph (l)(2) of this proposed AD airplanes. (AD 2003–14–04 refers to smoke screen on the flight deck door’s identifies this inspection as a general Revision 1 of that service bulletin, dated decompression panels. visual inspection, and Note 2 of this June 3, 2003, as the appropriate source Doing the actions specified in the proposed AD defines this inspection. of service information for installing applicable service information is Table 3 of this proposed AD specifies spacers in the upper and lower pressure intended to adequately address the that the actions in C & D Aerospace relief latch assemblies.) In addition to unsafe condition. Service Bulletin B211200–52–01 must the procedures for installing spacers in be done on McDonnell Douglas Model the upper and lower pressure relief FAA’s Determination and Requirements of the Proposed AD DC–10–10, DC–10–10F, DC–10–30, DC– latch assemblies, that service bulletin 10–30F, DC–10–40, MD–10–10F, MD– describes procedures for installing an We have evaluated all pertinent 10–30F, MD–11, and MD–11F airplanes armor plate in the area of the deadbolt information and identified an unsafe that are equipped with a flight deck for ballistics reinforcement, and condition that is likely to exist or door assembly having part number installing stiffeners to strengthen the develop on other products of this same B211200. Though the effectivity listing smoke screen on the decompression type design. Therefore, we are of C & D Aerospace Service Bulletin panels. proposing this AD, which would B211200–52–01 does not identify all of • C & D Aerospace Service Bulletin supersede AD 2003–14–04. This these models, we find that the subject B211200–52–01, Revision 3, dated proposed AD would continue to require flight deck door assembly is type September 18, 2003, which applies to modification of the reinforced flight certain flight deck door assemblies certificated for all of these models. deck door. This proposed AD would Thus, listing all affected models will installed on certain McDonnell Douglas expand the applicability of the existing Models DC–10, MD–11, and MD–11F ensure that the applicable actions are AD to include all airplanes modified done on all affected airplanes. airplanes. That service bulletin under certain STCs. This proposed AD describes procedures for modifying the would require you to do the actions in Changes to Existing AD upper and lower pressure relief latch the applicable service information assemblies by installing new latch This proposed AD would retain all described previously, using that same straps. requirements of AD 2003–14–04. Since service information, except as discussed • C & D Aerospace Alert Service AD 2003–14–04 was issued, the AD Bulletin B221001–52A02, dated under ‘‘Differences Between the format has been revised, and certain November 5, 2002, which applies to Proposed AD and Service Information.’’ paragraphs have been rearranged. As a certain flight deck door assemblies This proposed AD would also require result, the corresponding paragraph installed on certain Boeing Model 737– you to revise the airplane’s maintenance identifiers have changed in this 200 series airplanes. That service program to require repetitive functional proposed AD, as listed in the following bulletin describes procedures for testing of the decompression panels of table: inspecting for chafing of wire bundles in the flight deck door at the intervals the area of the flight deck door, and specified in C & D Aerospace Report REVISED PARAGRAPH IDENTIFIERS corrective actions if necessary. The B22–69, Revision E. corrective actions involve rerouting Differences Between the Proposed AD Corresponding Requirement in AD requirement in certain wiring or reorienting certain and Service Information 2003–14–04 this proposed AD brackets, as applicable. • Although the service bulletins C & D Aerospace Alert Service Paragraph (a) ...... Paragraph (f). Bulletin B221001–52A05, Revision 2, recommend accomplishing the Paragraph (b) ...... Paragraph (g). dated June 19, 2003, which applies to modification ‘‘as soon as manpower, Paragraph (c) ...... Paragraph (h). certain flight deck door assemblies facilities, and retrofit kits become installed on certain Boeing Model 737– available,’’ or ‘‘as soon as possible,’’ we have determined that a more specific Also, we have revised paragraph (f)(3) 200 series airplanes. That service of this proposed AD (which was bulletin describes procedures for compliance time is necessary to ensure an adequate level of safety for the paragraph (a)(3) of the existing AD) to reworking certain wiring for the flight remove the last sentence of the deck door to relocate a power wire for affected fleet. In developing an appropriate compliance time for this paragraph. We have determined that the flight deck door. this sentence does not apply to the • C & D Aerospace Service Bulletin AD, we considered the flight deck door airplanes listed in paragraph (f)(3). B221200–52–01, Revision 1, dated June manufacturer’s recommendation, the 27, 2003, which applies to certain flight degree of urgency associated with the Costs of Compliance deck door assemblies installed on subject unsafe conditions, the number of certain Boeing Model 737 and 757 series affected airplanes in the fleet, and the This proposed AD would affect about airplanes. That service bulletin time necessary to perform the 3,423 airplanes worldwide. describes procedures for installing an modifications. In light of all of these The following table provides the armor plate in the area of the flight deck factors, we find that 6 months to 18 estimated costs for U.S. operators to door deadbolt for ballistics months, depending on the action, comply with the currently required reinforcement. represents an appropriate interval of actions that this proposed AD would • C & D Aerospace Alert Service time for affected airplanes to continue to continue to require, at an average labor Bulletin B251200–52–01, dated April operate without compromising safety. rate of $65 per work hour.

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ESTIMATED COSTS: EXISTING REQUIREMENTS OF AD 2003–14–04

Number of As Listed in C & D Aerospace Cost per U.S.-reg- Airplane models Service Bulletin— Work hours Parts airplane istered air- Fleet cost planes

737 ...... B221001–52–03, Revision 3 ...... 1 $0 $65 1,040 $67,600 757 ...... B231001–52–02, Revision 4 ...... 2 0 130 519 67,470 DC–10, MD–10, MD–11 ...... B211200–52–02, Revision 1 ...... 2 0 130 21 2,730

The following table provides the be required by this proposed AD, at an estimated costs for U.S. operators to average labor rate of $65 per work hour. comply with the new actions that would

ESTIMATED COSTS: NEW PROPOSED REQUIREMENTS

Cost per air- Number of U.S.-registered Airplane models Action Work hours Parts plane airplanes Fleet cost

737 ...... Modification in C & D 1 $0 $65 Unknown: airplanes not N/A Aerospace Service Bul- modified under AD letin B221001–52–03, 2003–14–04. Revision 3. 737, 757 ...... Revision of maintenance 1 None 65 651...... $42,315 program. 737, 757 ...... Modification in C & D 1 0 65 1,673 ...... 108,745 Aerospace Service Bul- letin B221200–52–01, Revision 1. 737–200 ...... Modification in C & D 1 None 65 134...... 8,710 Aerospace Alert Service Bulletin B221001– 52A05, Revision 2. 737–200 ...... Inspection in C & D Aero- 2 None 130 134...... 17,420 space Alert Service Bul- letin B221001–52A02. 757 ...... Modification in C & D 2 0 130 Unknown: airplanes not N/A Aerospace Service Bul- modified under AD letin B231001–52–02, 2003–14–04. Revision 4. DC–10, MD–11, MD–11F Modification in C & D 1 0 65 155 ...... 10,075 Aerospace Service Bul- letin B211200–52–01, Revision 3. DC–10, MD–10, MD–11 .... Modification in C & D 2 0 130 Unknown: airplanes not N/A Aerospace Service Bul- modified under AD letin B211200–52–02. 2003–14–04. MD–11 ...... Modification in C & D 1 0 65 6 ...... 390 Aerospace Alert Service Bulletin B251200–52–01.

Regulatory Findings 3. Will not have a significant the FAA proposes to amend 14 CFR part We have determined that this economic impact, positive or negative, 39 as follows: proposed AD would not have federalism on a substantial number of small entities PART 39—AIRWORTHINESS implications under Executive Order under the criteria of the Regulatory DIRECTIVES 13132. This proposed AD would not Flexibility Act. have a substantial direct effect on the We prepared a regulatory evaluation 1. The authority citation for part 39 States, on the relationship between the of the estimated costs to comply with continues to read as follows: national Government and the States, or this proposed AD. See the ADDRESSES section for a location to examine the on the distribution of power and Authority: 49 U.S.C. 106(g), 40113, 44701. responsibilities among the various regulatory evaluation. levels of government. List of Subjects in 14 CFR Part 39 § 39.13 [Amended] For the reasons discussed above, I 2. The FAA amends § 39.13 by certify that the proposed regulation: Air transportation, Aircraft, Aviation removing amendment 39–13223 (68 FR 1. Is not a ‘‘significant regulatory safety, Safety. 41063, July 10, 2003) and adding the action’’ under Executive Order 12866; The Proposed Amendment 2. Is not a ‘‘significant rule’’ under the following new airworthiness directive DOT Regulatory Policies and Procedures Accordingly, under the authority (AD): (44 FR 11034, February 26, 1979); and delegated to me by the Administrator,

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Transport Category Airplanes: Docket No. Affected ADs Applicability FAA–2004–18998; Directorate Identifier (b) This AD supersedes AD 2003–14–04, (c) This AD applies to the airplanes listed 2003–NM–253–AD. amendment 39–13223. in Table 1 of this AD, certificated in any Comments Due Date category. (a) The Federal Aviation Administration must receive comments on this airworthiness directive (AD) action by October 18, 2004.

TABLE 1.—AFFECTED AIRPLANE MODELS

Modified by Supplemental Type Airplane manufacturer Airplane model Certificate (STC)

Boeing ...... 737–200, –300, –400, –500, –600, –700, –800, and –900 series ...... ST01335LA Boeing ...... 757–200 and –300 series ...... ST9514LA–T McDonnell Douglas ...... DC–10–10, DC–10–10F, DC–10–30, DC–10–30F, DC–10–40, MD– ST01391LA 10–10F, MD–10–30F, MD–11, and MD–11F.

Unsafe Condition and/or reduced controllability of the Requirements of AD 2003–14–04 (d) This AD was prompted by reports of airplane. Note 1: Where there are differences discrepancies with the reinforced flight deck Compliance between this AD and the referenced service door. We are issuing this AD to prevent bulletins, this AD prevails. inadvertent release of the decompression (e) You are responsible for having the latch and consequent opening of the actions required by this AD performed within Modification decompression panel in the flight deck door, the compliance times specified, unless the (f) For airplanes listed in Table 2 of this or penetration of the flight deck door by actions have already been done. AD: Within 90 days after July 25, 2003 (the smoke or shrapnel, any of which could result effective date of AD 2003–14–04, amendment in injury to the airplane flightcrew. We are 39–13223), modify the reinforced flight deck also issuing this AD to find and fix wire door according to paragraph (f)(1), (f)(2), or chafing, which could result in arcing, fire, (f)(3) of this AD, as applicable.

TABLE 2.—AIRPLANE MODELS SUBJECT TO REQUIREMENTS OF AD 2003–14–04

Airplane manufacturer Airplane model As listed in C&D Aerospace Service Bulletin—

Boeing ...... 737–200, –300, –400, –500, –600, –700, –800, and B221001–52–03, Revision 3, dated March 25, 2003. –900 series. Boeing ...... 757–200 and –300 series ...... B231001–52–02, Revision 4, dated March 19, 2003. McDonnell Douglas ...... DC–10–10F, DC–10–30, DC–10–30F, DC–10–40, MD– B211200–52–02, Revision 1, dated June 3, 2003. 10–30F, MD–11, and MD–11F.

(1) For Boeing Model 737–200, –300, –400, 30F, MD–11, and MD–11F airplanes: Install (3) For McDonnell Douglas DC–10–10F, –500, –600, –700, –800, and –900 series spacers in the upper and lower pressure DC–10–30, DC–10–30F, DC–10–40, MD–10– airplanes: Modify the upper and lower relief latch assemblies of the flight deck door, 30F, MD–11, and MD–11F airplanes: C & D pressure relief latch assemblies on the flight by doing all actions specified in and Aerospace Service Bulletin B211200–52–02, deck door by doing all actions specified in according to paragraphs 3.A., 3.C., and 3.D. dated April 30, 2003. and according to paragraphs 3.A., 3.B., and of C & D Aerospace Service Bulletin 3.C. of the Accomplishment Instructions of C B211200–52–02, Revision 1, dated June 3, Parts Installation & D Aerospace Service Bulletin B221001–52– 2003; or Revision 2, dated September 29, (h) As of July 25, 2003, no person may 03, Revision 3, dated March 25, 2003. One 2003. install, on any airplane, a reinforced flight latch strap should be installed at the bottom deck door having any part number listed in of the upper pressure relief assembly, and a Modifications Accomplished Per Previous second latch strap should be installed at the Issues of Service Bulletin the paragraph 1.A. of C & D Aerospace top of the lower pressure relief assembly. (g) For airplanes listed in Table 2 of this Service Bulletin B221001–52–03, Revision 3, When properly installed, the strap should AD: Modifications accomplished before July dated March 25, 2003; B231001–52–02, cover a portion of the latch hook. 25, 2003, per a service bulletin listed in Revision 4, dated March 19, 2003; or (2) For Boeing Model 757–200 and –300 paragraph (g)(1), (g)(2), or (g)(3) of this AD; B211200–52–02, Revision 1, dated June 3, series airplanes: Modify the upper and lower as applicable; are considered acceptable for 2003; as applicable; unless the door has been pressure relief latch assemblies on the flight compliance with the corresponding action modified as required by paragraph (f) of this deck door by doing all actions specified in specified in paragraph (f) of this AD. AD. and according to paragraphs 3.A., 3.B., and (1) For Boeing Model 737–200, –300, –400, 3.C. of the Accomplishment Instructions of C –500, –600, –700, –800, and –900 series New Requirements of This AD & D Aerospace Service Bulletin B231001–52– airplanes: C & D Aerospace Service Bulletin Model 737 and 757 Series Airplanes: Revise 02, Revision 4, dated March 19, 2003. One B221001–52–03, dated December 6, 2002; Maintenance Program latch strap should be installed at the bottom Revision 1, dated January 2, 2003; or of the upper pressure relief assembly, and a Revision 2, dated February 20, 2003. (i) For Model 737–200, –300, –400, –500, second latch strap should be installed at the (2) For Boeing Model 757–200 and –300 –600, –700, –800, and –900 series airplanes; top of the lower pressure relief assembly. series airplanes: C & D Aerospace Service and Model 757–200 and –300 series When properly installed, the strap should Bulletin B231001–52–02, dated December 6, airplanes: Within 6 months after the effective cover a portion of the latch hook. 2002; Revision 1, dated January 2, 2003; date of this AD, revise the FAA-approved (3) For McDonnell Douglas DC–10–10F, Revision 2, dated February 20, 2003; or maintenance inspection program to include DC–10–30, DC–10–30F, DC–10–40, MD–10– Revision 3, dated March 7, 2003. the information specified in C & D Report

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CDR B22–69, Revision E, dated November 8, Modifications to Flight Deck Door the applicable service bulletin listed in Table 2002. (j) Modify the reinforced flight deck door 3 of this AD at the applicable compliance by doing all applicable actions specified in time specified in that table.

TABLE 3.—NEW MODIFICATIONS TO THE FLIGHT DECK DOOR

Within this com- Equipped with a pliance time For these models— flight deck door after the effec- Do all actions in the accomplishment instructions assembly having tive date of this of— this P/N— AD—

McDonnell Douglas DC–10–10, DC–10–10F, DC– B211200 6 months ...... C & D Aerospace Service Bulletin B211200–52–01, 10–30, DC–10–30F, DC–10–40, MD–10–10F, Revision 3, dated September 18, 2003. MD–10–30F, MD–11, and MD–11F airplanes. McDonnell Douglas Model MD–11 and MD–11F air- B251200 6 months ...... C & D Aerospace Alert Service Bulletin B251200– planes. 52–01, dated April 30, 2003. Boeing Model 737–200, –300, –400, –500, –600, B221200 18 months ...... C & D Aerospace Service Bulletin B221200–52–01, –700, –800, and –900 series airplanes; and Revision 1, dated June 27, 2003. Model 757–200 and –300. Boeing Model 737–200, –300, –400, –500, –600, B221001 18 months ...... C & D Aerospace Service Bulletin B221001–52–03, –700, –800, and –900 series airplanes. Revision 3, dated March 25, 2003; except as pro- vided by paragraph (k) of this AD. Boeing Model 757–200 and –300 series airplanes ... B231001 18 months ...... C & D Aerospace Service Bulletin B231001–52–02, Revision 4, dated March 19, 2003; except as pro- vided by paragraph (k) of this AD. McDonnell Douglas DC–10–10, DC–10–10F, DC– B211200 18 months ...... C & D Aerospace Service Bulletin B211200–52–02, 10–30, DC–10–30F, DC–10–40, MD–10–10F, Revision 1, dated June 3, 2003; or Revision 2, MD–10–30F, MD–11, and MD–11F airplanes. dated September 29, 2003, except as provided by paragraph (k) of this AD.

(k) For airplanes subject to paragraph (f) of required to gain proximity to the area being DEPARTMENT OF TRANSPORTATION this AD: Actions required by paragraph (f) of checked.’’ this AD that were done within the Federal Aviation Administration compliance time specified in paragraph (f) of Parts Installation this AD do not need to be repeated in (m) As of the effective date of this AD, no 14 CFR Part 39 accordance with paragraph (j) of this AD. person may install a reinforced flight deck door under any STC listed in Table 1 of this [Docket No. FAA–2004–18994; Directorate Model 737–200 Series Airplanes: Wiring Identifier 2003–NM–210–AD] Modification/Inspection AD, on any airplane, unless all applicable requirements of this AD have been done on (l) For Model 737–200 series airplanes RIN 2120–AA64 equipped with flight deck door assembly the door. Airworthiness Directives; McDonnell P/N B221001: Within 18 months after the Alternative Methods of Compliance (AMOCs) effective date of this AD, do paragraphs (l)(1) Douglas Model DC–9–14 and DC–9–15 and (l)(2) of this AD. (n)(1) The Manager, Los Angeles Aircraft Airplanes; and Model DC–9–20, DC–9– (1) Rework the wiring for the flight deck Certification Office (ACO), FAA, has the 30, DC–9–40, and DC–9–50 Series door to relocate a power wire for the flight authority to approve AMOCs for this AD, if Airplanes deck door, in accordance with the requested in accordance with the procedures Accomplishment Instructions of C & D found in 14 CFR 39.19. AGENCY: Federal Aviation Aerospace Alert Service Bulletin B221001– (2) Alternative methods of compliance, Administration (FAA), DOT. 52A05, Revision 2, dated June 19, 2003. approved previously per AD 2003–14–04, ACTION: Notice of proposed rulemaking (2) Perform a general visual inspection for amendment 39–13223, are approved as (NPRM). chafing of wire bundles in the area of the alternative methods of compliance with this flight deck door and applicable corrective AD. SUMMARY: The FAA proposes to adopt a actions by doing all of the actions in the new airworthiness directive (AD) for Issued in Renton, Washington, on August Accomplishment Instructions of C & D certain McDonnell Douglas Model DC– 25, 2004. Aerospace Alert Service Bulletin B221001– 9–14 and DC–9–15 airplanes; and Model 52A02, dated November 5, 2002. Any Kevin M. Mullin, applicable corrective actions must be done DC–9–20, DC–9–30, DC–9–40, and DC– Acting Manager, Transport Airplane before further flight. 9–50 series airplanes. This proposed AD Note 2: For the purposes of this AD, a Directorate, Aircraft Certification Service. would require repetitive high frequency general visual inspection is ‘‘a visual [FR Doc. 04–20122 Filed 9–2–04; 8:45 am] eddy current inspections to detect examination of a interior or exterior area, BILLING CODE 4910–13–P cracks in the vertical radius of the upper installation or assembly to detect obvious cap of the center wing rear spar, and damage, failure or irregularity. This level of repair if necessary. This proposed AD is inspection is made from within touching prompted by reports of cracks in the distance unless otherwise specified. A mirror upper cap of the center wing rear spar may be necessary to ensure visual access to that resulted from stress corrosion. We all surfaces in the inspection area. This level of inspection is made under normal available are proposing this AD to detect and lighting conditions such as daylight, hangar correct cracking of the left or right upper lighting, flashlight or drop-light and may cap of the center rear spar, which could require removal or opening of access panels cause a possible fuel leak and structural or doors. Stands, ladders or platforms may be failure of the upper cap, and result in

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reduced structural integrity of the Comments Invited flight hours, and 25,150 to 88,029 total airplane. We invite you to submit any written flight cycles. Investigation revealed that DATES: We must receive comments on relevant data, views, or arguments the cracks resulted from stress this proposed AD by October 18, 2004. regarding this proposed AD. Send your corrosion. This cracking of the left or right upper cap of the center wing rear ADDRESSES: Use one of the following comments to an address listed under addresses to submit comments on this ADDRESSES. Include ‘‘Docket No. FAA– spar, if not detected and corrected in a proposed AD. 2004–18994; Directorate Identifier timely manner, could cause a possible • DOT Docket Web site: Go to 2003–NM–210–AD’’ in the subject line fuel leak and structural failure of the http://dms.dot.gov and follow the of your comments. We specifically upper cap, and result in reduced instructions for sending your comments invite comments on the overall structural integrity of the airplane. electronically. regulatory, economic, environmental, Relevant Service Information • Government-wide rulemaking Web and energy aspects of the proposed AD. site: Go to http://www.regulations.gov We will consider all comments We have reviewed McDonnell and follow the instructions for sending submitted by the closing date and may Douglas Service Bulletin DC9–57–223, your comments electronically. amend the proposed AD in light of those dated July 21, 2003. The service bulletin • Mail: Docket Management Facility, comments. describes procedures for doing U.S. Department of Transportation, 400 We will post all comments we repetitive high frequency eddy current Seventh Street SW., Nassif Building, receive, without change, to http:// inspections of the left and right upper room PL–401, Washington, DC 20590. dms.dot.gov, including any personal caps of the center wing rear spar at • By fax: (202) 493–2251. information you provide. We will also • station Xcw=58.500, and contacting Hand delivery: Room PL–401 on the post a report summarizing each Boeing for repair instructions if any plaza level of the Nassif Building, 400 substantive verbal contact with FAA crack is found during the inspections. Seventh Street SW., Washington, DC, personnel concerning this proposed AD. Accomplishing the actions specified in between 9 a.m. and 5 p.m., Monday Using the search function of that Web the service bulletin is intended to through Friday, except Federal holidays. site, anyone can find and read the adequately address the identified unsafe For service information identified in comments in any of our dockets, condition. this proposed AD, contact Boeing including the name of the individual Commercial Airplanes, Long Beach who sent the comment (or signed the FAA’s Determination and Requirements Division, 3855 Lakewood Boulevard, comment on behalf of an association, of the Proposed AD Long Beach, California 90846, business, labor union, etc.). You can Attention: Data and Service review DOT’s complete Privacy Act We have evaluated all pertinent Management, Dept. C1–L5A (D800– Statement in the Federal Register information and identified an unsafe 0024). published on April 11, 2000 (65 FR condition that is likely to exist or You can examine the contents of this 19477–78), or you can visit http:// develop on other airplanes of this same AD docket on the Internet at http:// dms.dot.gov. type design. Therefore, we are dms.dot.gov, or at the Docket We are reviewing the writing style we proposing this AD, which would require Management Facility, U.S. Department currently use in regulatory documents. high frequency eddy current of Transportation, 400 Seventh Street We are interested in your comments on inspections, and corrective actions if SW., room PL–401, on the plaza level of whether the style of this document is necessary, in accordance with the FAA. the Nassif Building, Washington, DC. clear, and your suggestions to improve The proposed AD would require you to FOR FURTHER INFORMATION CONTACT: the clarity of our communications that use the service information described Technical Information: Wahib Mina, affect you. You can get more previously to perform these actions, Aerospace Engineer, Airframe Branch, information about plain language at except as discussed under ‘‘Difference ANM–120L, FAA, Los Angeles Aircraft http://www.faa.gov/language and http:// Between the Proposed AD and the Certification Office, 3960 Paramount www.plainlanguage.gov. Service Bulletin.’’ Boulevard, Lakewood, California 90712–4137; telephone (562) 627–5324; Examining the Docket Difference Between the Proposed AD fax (562) 627–5210. You can examine the AD docket on and the Service Bulletin Plain Language Information: Marcia the Internet at http://dms.dot.gov, or in Although the service bulletin Walters, [email protected]. person at the Docket Management specifies that operators may contact the SUPPLEMENTARY INFORMATION: Facility office between 9 a.m. and 5 manufacturer for disposition of repair p.m., Monday through Friday, except Docket Management System (DMS) conditions, this proposed AD would Federal holidays. The Docket require operators to repair those The FAA has implemented new Management Facility office (telephone conditions per a method approved by procedures for maintaining AD dockets (800) 647–5227) is located on the plaza the FAA. electronically. As of May 17, 2004, new level of the Nassif Building at the DOT AD actions are posted on DMS and street address stated in the ADDRESSES Costs of Compliance assigned a docket number. We track section. Comments will be available in each action and assign a corresponding the AD docket shortly after the DMS This proposed AD would affect about directorate identifier. The DMS AD receives them. 396 airplanes of U.S. registry and 963 docket number is in the form ‘‘Docket airplanes worldwide. The proposed No. FAA–2004–99999.’’ The Transport Discussion inspection would take about 3 work Airplane Directorate identifier is in the We have received several reports of hours per airplane, per inspection cycle, form ‘‘Directorate Identifier 2004–NM– cracking of the upper cap of the center at an average labor rate of $65 per work 999–AD.’’ Each DMS AD docket also wing rear spar at station Xcw=58.500 on hour. Based on these figures, the lists the directorate identifier (‘‘Old certain McDonnell Douglas Model DC– estimated cost of the proposed AD for Docket Number’’) as a cross-reference 9 airplanes. These airplanes had U.S. operators is $77,220, or $195 per for searching purposes. accumulated 20,100 to 76,183 total airplane, per inspection cycle.

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Regulatory Findings Unsafe Condition DEPARTMENT OF TRANSPORTATION We have determined that this (d) This AD was prompted by reports of Federal Aviation Administration proposed AD would not have federalism cracks in the upper cap of the center wing implications under Executive Order rear spar that resulted from stress corrosion. 14 CFR Part 39 13132. This proposed AD would not We are issuing this AD to detect and correct have a substantial direct effect on the cracking of the left or right upper cap of the [Docket No. FAA–2004–18996; Directorate States, on the relationship between the center rear spar, which could cause a Identifier 2004–NM–40–AD] possible fuel leak and structural failure of the national Government and the States, or RIN 2120–AA64 on the distribution of power and upper cap, and result in reduced structural responsibilities among the various integrity of the airplane. Airworthiness Directives; Boeing levels of government. Compliance Model 737–700 and –800 Series For the reasons discussed above, I (e) You are responsible for having the Airplanes certify that the proposed regulation: actions required by this AD performed within 1. Is not a ‘‘significant regulatory AGENCY: Federal Aviation the compliance times specified, unless the action’’ under Executive Order 12866; Administration (FAA), DOT. actions have already been done. 2. Is not a ‘‘significant rule’’ under the ACTION: Notice of proposed rulemaking DOT Regulatory Policies and Procedures Inspection (NPRM). (44 FR 11034, February 26, 1979); and (f) At the later of the times specified in SUMMARY: The FAA proposes to adopt a 3. Will not have a significant paragraph (f)(1) or (f)(2) of this AD: Do a high new airworthiness directive (AD) for economic impact, positive or negative, frequency eddy current inspection to detect certain Boeing Model 737–700 and –800 on a substantial number of small entities cracks in the vertical radius of the upper cap series airplanes. This proposed AD under the criteria of the Regulatory of the center wing rear spar, in accordance would require doing an initial Flexibility Act. with the Accomplishment Instructions of We prepared a regulatory evaluation McDonnell Douglas Service Bulletin DC9– inspection for pitting and cracks of the of the estimated costs to comply with 57–223, dated July 21, 2003. lower skin panel at the lap joint; this proposed AD. See the ADDRESSES (1) Before the accumulation of 25,000 total trimming the inner skin; installing section for a location to examine the flight cycles. exterior doublers; replacing the fuselage regulatory evaluation. (2) Within 15,000 flight cycles or 5 years skin assembly; doing repetitive supplemental inspections; and repairing List of Subjects in 14 CFR Part 39 after the effective date of this AD, whichever occurs first. if necessary; as applicable. This Air transportation, Aircraft, Aviation proposed AD is prompted by a report safety, Safety. Corrective Action indicating that localized pitting in the lower skin panels was found during The Proposed Amendment (g)(1) If no crack is found, then repeat the inspection thereafter at intervals not to production on a limited number of Accordingly, under the authority exceed 15,000 flight cycles or 5 years, airplanes. We are proposing this AD to delegated to me by the Administrator, whichever occurs first. detect and correct premature fatigue the FAA proposes to amend 14 CFR part (2) If any crack is found, before further cracking at certain lap splice locations 39 as follows: flight, repair per a method approved by the and consequent rapid decompression of Manager, Los Angeles Aircraft Certification the airplane. PART 39—AIRWORTHINESS Office (ACO), FAA. For a repair method to DATES: DIRECTIVES We must receive comments on be approved by the Manager, Los Angeles this proposed AD by October 18, 2004. ACO, as required by this paragraph, the 1. The authority citation for part 39 ADDRESSES: Use one of the following Manager’s approval letter must specifically continues to read as follows: addresses to submit comments on this refer to this AD. Authority: 49 U.S.C. 106(g), 40113, 44701. proposed AD. Alternative Methods of Compliance • DOT Docket Web site: Go to § 39.13 [Amended] (AMOCs) http://dms.dot.gov and follow the 2. The FAA amends § 39.13 by adding (h) The Manager, Los Angeles ACO, FAA, instructions for sending your comments the following new airworthiness has the authority to approve AMOCs for this electronically. directive (AD): AD, if requested in accordance with the • Government-wide rulemaking web McDonnell Douglas: Docket No. FAA–2004– procedures found in 14 CFR 39.19. site: Go to http://www.regulations.gov 18994; Directorate Identifier 2003–NM– and follow the instructions for sending Issued in Renton, Washington, on August 210–AD. your comments electronically. 20, 2004. • Mail: Docket Management Facility, Comments Due Date Kevin M. Mullin, U.S. Department of Transportation, 400 (a) The Federal Aviation Administration Acting Manager, Transport Airplane Seventh Street, SW., Nassif Building, (FAA) must receive comments on this AD Directorate, Aircraft Certification Service. room PL–401, Washington, DC 20590. action by October 18, 2004. [FR Doc. 04–20123 Filed 9–2–04; 8:45 am] • By fax: (202) 493–2251. Affected ADs BILLING CODE 4910–13–U • Hand Delivery: Room PL–401 on (b) None. the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, Applicability DC, between 9 a.m. and 5 p.m., Monday (c) This AD applies to certain McDonnell through Friday, except Federal holidays. Douglas Model DC–9–14, DC–9–15, DC–9– For service information identified in 21, DC–9–31, DC–9–32, DC–9–32 (VC–9C), DC–9–32F, DC–9–33F, DC–9–34, DC–9–34F, this proposed AD, contact Boeing DC–9–32F (C–9A, C–9B), DC–9–41, and DC– Commercial Airplanes, P.O. Box 3707, 9–51 airplanes, certificated in any category; Seattle, Washington 98124–2207. as listed in McDonnell Douglas Service You can examine the contents of this Bulletin DC9–57–223, dated July 21, 2003. AD docket on the Internet at http://

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dms.dot.gov, or at the Docket We will post all comments we panels was found during production on Management Facility, U.S. Department receive, without change, to http:// a limited number of Boeing Model 737– of Transportation, 400 Seventh Street, dms.dot.gov, including any personal 700 and –800 series airplanes. The SW., room PL–401, on the plaza level of information you provide. We will also pitting was caused by chemical milling the Nassif Building, Washington, DC. post a report summarizing each solution leaking through sealer at a FOR FURTHER INFORMATION CONTACT: Sue substantive verbal contact with FAA maskant line. The leakage caused local Lucier, Aerospace Engineer, Airframe personnel concerning this proposed AD. pits to form on the surface of the skin. Branch, ANM–120S, FAA, Seattle Using the search function of that Testing and analysis revealed that the Aircraft Certification Office, 1601 Lind website, anyone can find and read the chemical mill pitting does not reduce Avenue, SW., Renton, Washington comments in any of our dockets, the ultimate strength of the effected skin 98055–4056; telephone (425) 917–6438; including the name of the individual panels, but chemical mill pitting greater fax (425) 917–6590. who sent the comment (or signed the than the allowable limit may reduce the comment on behalf of an association, SUPPLEMENTARY INFORMATION: fatigue performance and damage business, labor union, etc.). You can tolerance capability of the lower skin Docket Management System (DMS) review DOT’s complete Privacy Act panels. This condition, if not corrected, The FAA has implemented new Statement in the Federal Register could result in premature fatigue procedures for maintaining AD dockets published on April 11, 2000 (65 FR cracking at certain lap splice locations electronically. As of May 17, 2004, new 19477–78), or you can visit http:// and consequent rapid decompression of AD actions are posted on DMS and dms.dot.gov. the airplane. We are reviewing the writing style we assigned a docket number. We track currently use in regulatory documents. Relevant Service Information each action and assign a corresponding We are interested in your comments on directorate identifier. The DMS AD We have reviewed Boeing Service whether the style of this document is docket number is in the form ‘‘Docket Bulletin 737–53–1256, dated September clear, and your suggestions to improve No. FAA–2004–99999.’’ The Transport 18, 2003, which describes the following the clarity of our communications that procedures depending on the airplane Airplane Directorate identifier is in the affect you. You can get more configuration: form ‘‘Directorate Identifier 2004–NM– information about plain language at 999–AD.’’ Each DMS AD docket also http://www.faa.gov/language and http:// • Doing an initial external ultrasonic lists the directorate identifier (‘‘Old www.plainlanguage.gov. inspection for pitting and cracks of the Docket Number’’) as a cross-reference lower skin panel at the lap joint; for searching purposes. Examining the Docket • Trimming the inner skin and Comments Invited You can examine the AD docket on installing two exterior doublers the Internet at http://dms.dot.gov, or in We invite you to submit any written (including an internal high frequency person at the Docket Management eddy current inspection of the edge of relevant data, views, or arguments Facility office between 9:00 a.m. and regarding this proposed AD. Send your the trim for cracks) or installing three 5:00 p.m., Monday through Friday, exterior doublers, as applicable; comments to an address listed under except Federal holidays. The Docket ADDRESSES. Include ‘‘Docket No. FAA– Management Facility office (telephone • Replacing the fuselage skin 2004–18996; Directorate Identifier (800) 647–5227) is located on the plaza assembly with a new assembly; 2004–NM–40–AD’’ in the subject line of level of the Nassif Building at the DOT • Doing supplemental repetitive your comments. We specifically invite street address stated in the ADDRESSES inspections; and comments on the overall regulatory, section. Comments will be available in • Contacting Boeing for repair of economic, environmental, and energy the AD docket shortly after the DMS discrepancies. aspects of the proposed AD. We will receives them. consider all comments submitted by the The service bulletin recommends closing date and may amend the Discussion compliance times at the following proposed AD in light of those We have received a report indicating approximate intervals, depending on the comments. that localized pitting in the lower skin lap splice location:

TABLE—SERVICE BULLETIN RECOMMENDED COMPLIANCE TIMES

Action Recommended compliance time

Initial inspection ...... Ranging from 28,000 to 75,000 total flight cycles. Initial supplemental inspection ...... 56,000 flight cycles after repair incorporation. Repetitive supplemental inspections ...... Ranging from 5,000 to 7,500 flight cycles.

Accomplishing the actions specified type design. Therefore, we are Difference Between the Proposed AD in the service information is intended to proposing this AD, which would require and Service Bulletin adequately address the unsafe you to use the service information The service bulletin specifies that you condition. described previously to perform the may contact the manufacturer for required actions, except as discussed FAA’s Determination and Requirements instructions on how to repair certain under ‘‘Difference Between the of the Proposed AD conditions, but this proposed AD would Proposed AD and Service Bulletin.’’ require you to repair those conditions in We have evaluated all pertinent one of the following ways: information and identified an unsafe • Using a method that we approve; or condition that is likely to exist or • Using data that meet the type develop on other airplanes of this same certification basis of the airplane, and

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that have been approved by a Boeing Costs of Compliance The average labor rate is $65 per work Company Designated Engineering This proposed AD would affect about hour. The cost impact of the proposed Representative who has been authorized 4 airplanes worldwide and 2 airplanes AD on U.S. operators is estimated to be by the FAA to make those findings. of U.S. registry. The following table $83,855. provides the estimated costs to comply with this proposed AD.

TABLE—COST IMPACT

For airplanes listed in the referenced service bulletin Per airplane as group— Work hours Parts cost cost

1 ...... Inspection: 2 ...... None $130 Modification: 38 ...... $105 2,575 2 ...... Inspection: 2 ...... None 130 Modification: 30 ...... 104 2,054 3 ...... Inspection: 2 ...... None 130 Modification: 42 ...... 106 2,836 4 ...... Repair: 920 ...... 16,200 76,000

Regulatory Findings under the criteria of the Regulatory Authority: 49 U.S.C. 106(g), 40113, 44701. Flexibility Act. We have determined that this We prepared a regulatory evaluation § 39.13 [Amended] proposed AD would not have federalism of the estimated costs to comply with implications under Executive Order 2. The FAA amends § 39.13 by adding this proposed AD. See the ADDRESSES 13132. This proposed AD would not the following new airworthiness section for a location to examine the directive (AD): have a substantial direct effect on the regulatory evaluation. States, on the relationship between the Boeing: Docket No. FAA–2004–18996; national Government and the States, or List of Subjects in 14 CFR Part 39 Directorate Identifier 2004–NM–40–AD. on the distribution of power and Air transportation, Aircraft, Aviation Comments Due Date responsibilities among the various safety, Safety. levels of government. (a) The Federal Aviation Administration For the reasons discussed above, I The Proposed Amendment (FAA) must receive comments on this AD certify that the proposed regulation: Accordingly, under the authority action by October 18, 2004. 1. Is not a ‘‘significant regulatory delegated to me by the Administrator, Affected ADs the FAA proposes to amend 14 CFR part action’’ under Executive Order 12866; (b) None. 2. Is not a ‘‘significant rule’’ under the 39 as follows: DOT Regulatory Policies and Procedures Applicability PART 39—AIRWORTHINESS (44 FR 11034, February 26, 1979); and DIRECTIVES (c) This AD applies to Boeing Model 737– 3. Will not have a significant 700 and –800 series airplanes, certificated in economic impact, positive or negative, 1. The authority citation for part 39 any category; having variable and serial on a substantial number of small entities continues to read as follows: numbers listed in Table 1 of this AD.

TABLE 1.—APPLICABLE VARIABLE AND SERIAL NUMBERS

Variable No.— Serial No.— Group—

YA004 ...... 27837 1 YA005 ...... 27836 2 YA201 ...... 28004 4 YC003 ...... 27977 3

Unsafe Condition and consequent rapid decompression of the Initial Inspection and/or Repair (d) This AD was prompted by a report airplane. (f) At the applicable times specified in indicating that localized pitting in the lower Compliance Table 1 of paragraph 1.E., ‘‘Compliance’’ of skin panels was found during production on Boeing Service Bulletin 737–53–1256, dated (e) You are responsible for having the a limited number of airplanes. We are issuing September 18, 2003, do the applicable actions required by this AD performed within this AD to detect and correct premature actions specified in Table 2 of this AD in the compliance times specified, unless the accordance with the Accomplishment fatigue cracking at certain lap splice locations actions have already been done. Instructions of the service bulletin.

TABLE 2.—INITIAL INSPECTION AND/OR REPAIR

For airplanes identified in the service bulletin as— Requirements—

(1) Groups 1, 2, and 3 ...... Do an external ultrasonic inspection for pitting and cracks of the lower skin panel at the lap joint. (2) Groups 1 and 2 ...... Trim the inner skin and install two exterior doublers (including related investigative actions).

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TABLE 2.—INITIAL INSPECTION AND/OR REPAIR—Continued

For airplanes identified in the service bulletin as— Requirements—

(3) Group 3 ...... Install three exterior doublers. (4) Group 4 ...... Replace the fuselage skin assembly with a new assembly.

Repetitive Inspections DEPARTMENT OF TRANSPORTATION 400 Seventh Street, SW., Washington, (g) For Groups 1, 2, and 3 airplanes DC, between 9 a.m. and 5 p.m., Monday identified in Boeing Service Bulletin 737–53– Federal Aviation Administration through Friday, except Federal holidays. 1256, dated September 18, 2003: At the For service information identified in applicable times specified in Table 2 of 14 CFR Part 39 this proposed AD, contact Boeing paragraph 1.E., ‘‘Compliance’’ of the service [Docket No. FAA–2004–18997; Directorate Commercial Airplane Group, P.O. Box bulletin, do the repetitive supplemental Identifier 2004–NM–19–AD] 3707, Seattle, Washington 98124–2207. inspections of the lower skins and external You can examine the contents of this RIN 2120–AA64 doublers for discrepancies in accordance AD docket on the Internet at http:// dms.dot.gov, or at the Docket with the Accomplishment Instructions of the Airworthiness Directives; Boeing service bulletin. Management Facility, U.S. Department Model 737–100, –200, –200C, –300, of Transportation, 400 Seventh Street, Corrective Action –400, and –500 Series Airplanes SW., room PL–401, on the plaza level of (h) If any discrepancy is found during any AGENCY: Federal Aviation the Nassif Building, Washington, DC. action required by this AD, before further Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: flight, repair per a method approved by the ACTION: Notice of proposed rulemaking Howard Hall, Aerospace Engineer, Manager, Seattle Aircraft Certification Office (NPRM). Airframe Branch, ANM–120S, FAA, (ACO), FAA; or per data meeting the type Seattle Aircraft Certification Office, certification basis of the airplane approved SUMMARY: The FAA proposes to adopt a 1601 Lind Avenue, SW., Renton, by a Boeing Company Designated new airworthiness directive (AD) for Washington 98055–4056; telephone Engineering Representative (DER) who has certain Boeing Model 737–100, –200, (425) 917–6430; fax (425) 917–6590. been authorized by the Manager, Seattle –200C, –300, –400, and –500 series SUPPLEMENTARY INFORMATION: ACO, to make such findings. For a repair airplanes. This proposed AD would method to be approved, the approval must require repetitive detailed and eddy Docket Management System (DMS) specifically reference this AD. current inspections to detect cracking of The FAA has implemented new Alternative Methods of Compliance the frame web around the cutout for the procedures for maintaining AD dockets (AMOCs) doorstop intercostal strap at the aft side electronically. As of May 17, 2004, new of the Body station 291.5 frame at AD actions are posted on DMS and (i)(1) The Manager, Seattle Aircraft stringer 16R, and corrective actions if assigned a docket number. We track Certification Office (ACO), FAA, has the necessary. This proposed AD is each action and assign a corresponding authority to approve AMOCs for this AD, if prompted by reports of fatigue cracks in directorate identifier. The DMS AD requested in accordance with the procedures the web of the Body station 291.5 frame found in 14 CFR 39.19. docket number is in the form ‘‘Docket near the forward galley door. We are (2) An AMOC that provides an acceptable No. FAA–2004–99999.’’ The Transport proposing this AD to detect and correct level of safety may be used for any repair Airplane Directorate identifier is in the fatigue cracking of the aft frame and required by this AD, if it is approved by a form ‘‘Directorate Identifier 2004–NM– frame support structure of the forward Boeing Company DER who has been 999–AD.’’ Each DMS AD docket also authorized by the Manager, Seattle ACO, to galley door, which could result in a lists the directorate identifier (‘‘Old make those findings. For a repair method to severed fuselage frame web, rapid Docket Number’’) as a cross-reference be approved, the approval must specifically decompression of the airplane, and for searching purposes. possible loss of the forward galley door. refer to this AD. Comments Invited DATES: We must receive comments on Issued in Renton, Washington, on August this proposed AD by October 18, 2004. We invite you to submit any written 20, 2004. ADDRESSES: Use one of the following relevant data, views, or arguments Kevin M. Mullin, addresses to submit comments on this regarding this proposed AD. Send your Acting Manager, Transport Airplane proposed AD. comments to an address listed under Directorate, Aircraft Certification Service. • DOT Docket Web site: Go to ADDRESSES1. Include ‘‘Docket No. FAA– [FR Doc. 04–20124 Filed 9–2–04; 8:45 am] http://dms.dot.gov and follow the 2004–18997; Directorate Identifier BILLING CODE 4910–13–P instructions for sending your comments 2004–NM–19–AD’’ in the subject line of electronically. your comments. We specifically invite • Government-wide rulemaking Web comments on the overall regulatory, site: Go to http://www.regulations.gov economic, environmental, and energy and follow the instructions for sending aspects of the proposed AD. We will your comments electronically. consider all comments submitted by the • Mail: Docket Management Facility, closing date and may amend the U.S. Department of Transportation, 400 proposed AD in light of those Seventh Street, SW., Nassif Building, comments. room PL–401, Washington, DC 20590. We will post all comments we • By fax: (202) 493–2251. receive, without change, to http:// • Hand Delivery: Room PL–401 on dms.dot.gov, including any personal the plaza level of the Nassif Building, information you provide. We will also

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post a report summarizing each for the stringer 16R doorstop intercostal doorstop intercostal strap at the aft side substantive verbal contact with FAA strap. Fatigue cracking of the aft frame of the Body station 291.5 frame at personnel concerning this proposed AD. and frame support structure of the stringer 16R, and corrective action if Using the search function of that forward galley door, if not detected and necessary. The proposed AD would website, anyone can find and read the corrected, could result in a severed require you to use the service comments in any of our dockets, fuselage frame web, rapid information described previously to including the name of the individual decompression of the airplane, and perform these actions, except as who sent the comment (or signed the possible loss of the forward galley door. discussed under ‘‘Differences Between comment on behalf of an association, The subject area on certain Boeing the Proposed AD and Service Bulletin.’’ business, labor union, etc.). You can Model 737–100, –200C, –300, –400, and review DOT’s complete Privacy Act –500 series airplanes is similar to that Differences Between the Proposed AD Statement in the Federal Register on the affected Model 737–200 series and Service Bulletin published on April 11, 2000 (65 FR airplanes. Therefore, those airplanes The alert service bulletin states that 19477–78), or you can visit http:// may be subject to the unsafe condition the threshold for the inspections is dms.dot.gov. revealed on the Model 737–200 series 50,000 total flight cycles or 2,250 flight We are reviewing the writing style we airplanes. cycles after the release date of the currently use in regulatory documents. Relevant Service Information service bulletin, whichever is later. This We are interested in your comments on proposed AD would require a threshold We have reviewed Boeing Alert whether the style of this document is of 40,000 total flight cycles or 2,250 Service Bulletin 737–53A1241, dated clear, and your suggestions to improve flight cycles after the effective date of June 13, 2002. The alert service bulletin the clarity of our communications that the AD, whichever is later. The describes procedures for performing affect you. You can get more threshold for the proposed AD is based repetitive detailed and eddy current information about plain language at upon service history reported after the inspections to detect cracking of the http://www.faa.gov/language and http:// release of the service bulletin. The frame web around the cutout for the www.plainlanguage.gov. manufacturer intends to issue a revised doorstop intercostal strap at the aft side service bulletin that includes a Examining the Docket of the Body station 291.5 frame at threshold of 40,000 total flight cycles. You can examine the AD docket on stringer 16R, and corrective action if the Internet at http://dms.dot.gov, or in necessary. The alert service bulletin also Although the alert service bulletin person at the Docket Management specifies to contact Boeing for repair specifies that operators may contact the Facility office between 9 a.m. and 5 instructions if any crack is found. manufacturer for disposition of certain p.m., Monday through Friday, except Accomplishing the actions specified in cracking conditions, this proposed AD Federal holidays. The Docket the service information is intended to would require operators to repair those Management Facility office (telephone adequately address the unsafe conditions per a method approved by (800) 647–5227) is located on the plaza condition. the FAA, or per data meeting the type level of the Nassif Building at the DOT certification basis of the airplane FAA’s Determination and Requirements street address stated in the ADDRESSES approved by a Boeing Company of the Proposed AD section. Comments will be available in Designated Engineering Representative the AD docket shortly after the DMS We have evaluated all pertinent who has been authorized by the FAA to receives them. information and identified an unsafe make such findings. condition that is likely to exist or Costs of Compliance Discussion develop on other airplanes of this same We have received reports of fatigue type design. Therefore, we are This proposed AD would affect about cracks in the web of the Body station proposing this AD, which would require 3,113 airplanes worldwide. The 291.5 frame near the forward galley door repetitive detailed and eddy current following table provides the estimated of a Model 737–200 series airplane. The inspections to detect cracking of the costs for U.S. operators to comply with cracks initiate at the frame web cutout frame web around the cutout for the this proposed AD.

ESTIMATED COSTS

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

Inspection, per inspection 2 $65 None ...... $130, per inspec- 876 $113,880, per in- cycle. tion cycle. spection cycle.

Regulatory Findings For the reasons discussed above, I under the criteria of the Regulatory certify that the proposed regulation: Flexibility Act. We have determined that this proposed AD would not have federalism 1. Is not a ‘‘significant regulatory We prepared a regulatory evaluation implications under Executive Order action’’ under Executive Order 12866; of the estimated costs to comply with 13132. This proposed AD would not 2. Is not a ‘‘significant rule’’ under the this proposed AD. See the ADDRESSES section for a location to examine the have a substantial direct effect on the DOT Regulatory Policies and Procedures regulatory evaluation. States, on the relationship between the (44 FR 11034, February 26, 1979); and national government and the States, or List of Subjects in 14 CFR Part 39 on the distribution of power and 3. Will not have a significant responsibilities among the various economic impact, positive or negative, Air transportation, Aircraft, Aviation levels of government. on a substantial number of small entities safety, Safety.

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The Proposed Amendment lighting at an intensity deemed appropriate. Docket No. FAA–2004–18734 and Inspection aids such as mirror, magnifying Airspace Docket No. 03–AAL–03, at the Accordingly, under the authority lenses, etc., may be necessary. Surface delegated to me by the Administrator, beginning of your comments. You may cleaning and elaborate procedures may be also submit comments on the Internet at the FAA proposes to amend 14 CFR part required.’’ 39 as follows: http://dms.dot.gov. Corrective Action FOR FURTHER INFORMATION CONTACT: Ken PART 39—AIRWORTHINESS (g) If any crack is found during any McElroy, Airspace and Rules, Office of DIRECTIVES inspection required by this AD: Before System Operations and Safety, Federal further flight, repair per a method approved Aviation Administration, 800 1. The authority citation for part 39 by the Manager, Seattle Aircraft Certification Independence Avenue, SW., continues to read as follows: Office (ACO), FAA; or per data meeting the Washington, DC 20591; telephone: (202) Authority: 49 U.S.C. 106(g), 40113, 44701. type certification basis of the airplane 267–8783. approved by a Boeing Company Designated § 39.13 [Amended] Engineering Representative who has been SUPPLEMENTARY INFORMATION: 2. The FAA amends § 39.13 by adding authorized by the Manager, Seattle ACO, to Comments Invited make such findings. For a repair method to the following new airworthiness be approved, the approval must specifically Interested parties are invited to directive (AD): reference this AD. participate in this proposed rulemaking Boeing: Docket No. FAA–2004–18997; Alternative Methods of Compliance by submitting such written data, views, Directorate Identifier 2004–NM–19–AD. (AMOCs) or arguments as they may desire. Comments Due Date (h) The Manager, Seattle ACO, has the Comments that provide the factual basis (a) The Federal Aviation Administration authority to approve AMOCs for this AD, if supporting the views and suggestions (FAA) must receive comments on this AD requested in accordance with the procedures presented are particularly helpful in action by October 18, 2004. found in 14 CFR 39.19. developing reasoned regulatory decisions on the proposal. Comments Affected ADs Issued in Renton, Washington, on August 20, 2004. are specifically invited on the overall (b) None. Kevin M. Mullin, regulatory, aeronautical, economic, environmental, and energy-related Applicability Acting Manager, Transport Airplane (c) This AD applies to Boeing Model 737– Directorate, Aircraft Certification Service. aspects of the proposal. Communications should identify both 100, –200, –200C, –300, –400, and –500 [FR Doc. 04–20125 Filed 9–2–04; 8:45 am] series airplanes, as listed in Boeing Alert docket numbers (FAA Docket No. FAA– BILLING CODE 4910–13–P Service Bulletin 737–53A1241, dated June 2004–18734 and Airspace Docket No. 13, 2002; certificated in any category. 03–AAL–03) and be submitted in Unsafe Condition DEPARTMENT OF TRANSPORTATION triplicate to the Docket Management System (see ADDRESSES section for (d) This AD was prompted by reports of address and phone number). You may fatigue cracks in the web of the Body station Federal Aviation Administration 291.5 frame near the forward galley door. We also submit comments through the are issuing this AD to detect and correct 14 CFR Part 71 Internet at http://dms.dot.gov. fatigue cracking of the aft frame and frame Commenters wishing the FAA to [Docket No. FAA–2004–18734; Airspace support structure of the forward galley door, acknowledge receipt of their comments Docket No. 03–AAL–03] which could result in a severed fuselage on this notice must submit with those frame web, rapid decompression of the RIN 2120–AA66 comments a self-addressed, stamped airplane, and possible loss of the forward postcard on which the following galley door. Proposed Revision of Colored Federal statement is made: ‘‘Comments to Compliance Airway; AK Docket No. FAA–2004–18734 and (e) You are responsible for having the AGENCY: Federal Aviation Airspace Docket No. 03–AAL–03.’’ The actions required by this AD performed within Administration (FAA), DOT. postcard will be date/time stamped and the compliance times specified, unless the returned to the commenter. ACTION: actions have already been done. Notice of proposed rulemaking All communications received on or (NPRM). Initial and Repetitive Inspections before the specified closing date for SUMMARY: This action proposes to revise comments will be considered before (f) Prior to the accumulation of 40,000 total taking action on the proposed rule. The flight cycles, or within 2,250 flight cycles Colored Federal Airway Green 16 (G– after the effective date of this AD, whichever 16), in Alaska. This action would add to proposal contained in this action may occurs later: Do a detailed inspection and an the instrument flight rules (IFR) airway be changed in light of comments eddy current inspection to detect cracking of and route structure in Alaska by received. All comments submitted will the frame web around the cutout for the extending G–16 from Put River, AK, to be available for examination in the doorstop intercostal strap at the aft side of Barter Island, AK. The FAA is taking public docket both before and after the the Body station 291.5 frame at stringer 16R, this action to enhance safety and closing date for comments. A report in accordance with the Accomplishment summarizing each substantive public Instructions of Boeing Alert Service Bulletin management of aircraft operations in Alaska. contact with FAA personnel concerned 737–53A1241, dated June 13, 2002. If no with this rulemaking will be filed in the cracking is found, repeat the inspections DATES: Comments must be received on docket. thereafter at intervals not to exceed 4,500 or before October 18, 2004. flight cycles. ADDRESSES: Send comments on this Availability of NPRM’s Note 1: For the purposes of this AD, a detailed inspection is: ‘‘An intensive proposal to the Docket Management An electronic copy of this document examination of a specific item, installation, System, U.S. Department of may be downloaded through the or assembly to detect damage, failure, or Transportation, Room Plaza 401, 400 Internet at http://dms.dot.gov. Recently irregularity. Available lighting is normally Seventh Street, SW., Washington, DC published rulemaking documents can supplemented with a direct source of good 20590–0001. You must identify FAA also be accessed through the FAA’s Web

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page at http://www.faa.gov, or the keep them operationally current. DEPARTMENT OF TRANSPORTATION Federal Register’s Web page at http:// Therefore, this proposed regulation: (1) www.gpoaccess.gov/fr/index.html. Is not a ‘‘significant regulatory action’’ Federal Aviation Administration You may review the public docket under Executive Order 12866; (2) is not containing the proposal, any comments a ‘‘significant rule’’ under DOT 14 CFR Part 71 received, and any final disposition in Regulatory Policies and Procedures (44 person in the Dockets Office between 9 FR 11034; February 26, 1979); and (3) [Docket No. FAA–2003–15529; Airspace a.m. and 5 p.m., Monday through does not warrant preparation of a Docket No. 03–ANM–03] Friday, except Federal holidays. An regulatory evaluation as the anticipated informal docket may also be examined impact is so minimal. Since this is a RIN 2120–AA66 during normal business hours at the routine matter that will only affect air office of the Regional Air Traffic traffic procedures and air navigation, it Proposed Establishment of VOR Division, Federal Aviation is certified that this proposed rule, Federal Airway 584; MT Administration, 222 West 7th Avenue, when promulgated, will not have a #14, Anchorage, AK 99533. significant economic impact on a AGENCY: Federal Aviation Persons interested in being placed on substantial number of small entities Administration (FAA), DOT. a mailing list for future NPRM’s should under the criteria of the Regulatory ACTION: Proposed rule; withdrawal. contact the FAA’s Office of Rulemaking, Flexibility Act. (202) 267–9677, to request a copy of List of Subjects in 14 CFR Part 71 SUMMARY: This action withdraws a Advisory Circular No. 11–2A, Notice of notice proposing to establish Federal Proposed Rulemaking Distribution Airspace, Incorporation by reference, Airway 584 (V–584) between the System, which describes the application Navigation (air). Helena, MT, Very High Frequency procedure. Omnidirectional Radio Range and History The Proposed Amendment Tactical Air Navigation Aid (VORTAC), Presently there is an uncharted non- In consideration of the foregoing, the and the Missoula, MT, VORTAC (68 FR regulatory part 95 route that uses the Federal Aviation Administration 51737, August 28, 2003). With the same routing as the proposed colored proposes to amend 14 CFR part 71 as decommissioning of the Drummond Federal airway. The uncharted non- follows: Very High Frequency Omnidirectional regulatory route is used daily by Range (VOR) in January 2004 there is no commercial and general aviation PART 71—DESIGNATION OF CLASS A, longer a requirement for the proposed aircraft. However, the air traffic control CLASS B, CLASS C, CLASS D, AND V–584. Several airways in the state of (ATC) management of aircraft CLASS E AIRSPACE AREAS; AIR Montana will be revised in a subsequent operations is limited on this route. The TRAFFIC SERVICE ROUTES; AND NPRM. FAA is proposing to convert this REPORTING POINTS FOR FURTHER INFORMATION CONTACT: Ken uncharted non-regulatory route to a McElroy, Airspace and Rules, Office of colored Federal airway. This action 1. The authority citation for part 71 System Operations and Safety, Federal would add to the IFR airway and route continues to read as follows: Aviation Administration, 800 structure in Alaska. The route Authority: 49 U.S.C. 106(g), 40103, 40113, Independence Avenue, SW., conversion would provide an airway 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Washington, DC 20591; telephone: (202) structure to support existing commercial 1963 Comp., p.389. 267–8783. services in Alaska. § 71.1 [Amended] SUPPLEMENTARY INFORMATION: On August The Proposal 28, 2003, a notice was published in the 2. The incorporation by reference in Federal Register proposing to amend 14 The FAA is proposing an amendment 14 CFR 71.1 of the FAA Order 7400.9L, to Title 14 Code of Federal Regulations Code of Federal Regulations (14 CFR) Airspace Designations and Reporting part 71 (part 71) to establish V–584 (CFR) part 71 (part 71) to extend G–16 Points, dated September 2, 2003, and from the Put River, NDB, to the Barter between the Helena, MT, VORTAC, and effective September 16, 2003, is the Missoula, MT, VORTAC. With the Island, NDB in Alaska. This action amended as follows: would add to the IFR airway and route decommissioning of the Drummond structure in Alaska. The FAA is taking Paragraph 6009(a)—Green Federal VOR in January 2004 there is no longer this action to enhance the safety and Airways a requirement for the proposed V–584. management of aircraft operations in Several airways in the state of Montana * * * * * Alaska. will be revised in a subsequent NPRM. Adoption of this Federal airway G–16 [Revised] List of Subjects in 14 CFR part 71 would: (1) Provide pilots with minimum en route altitudes and minimum From Point Lay, AK, NDB; Airspace, Incorporation by reference, obstruction clearance altitudes Wainwright Village, AK, NDB; Navigation (air). information; (2) establish controlled Browerville, AK, NDB; Nuiqsut Village, The Withdrawal airspace thus eliminating some of the AK, NDB; Put River, AK, NDB; to Barter commercial IFR operations in Island, AK, NDB. In consideration of the foregoing, the uncontrolled airspace; and (3) improve * * * * * Notice of Proposed Rulemaking, FAA the management of air traffic operations Docket No. FAA–2003–15529/Airspace Issued in Washington, DC, on August 27, Docket No. 03-ANM–03, as published in and thereby enhance safety. 2004. The FAA has determined that this the Federal Register on August 28, 2003 proposed regulation only involves an Reginald C. Matthews, (68 FR 51737), is hereby withdrawn. Manager, Airspace and Rules Division. established body of technical Authority: 49 U.S.C. 106(g), 40103, 40113, regulations for which frequent and [FR Doc. 04–20175 Filed 9–2–04; 8:45 am] 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– routine amendments are necessary to BILLING CODE 4910–13–P 1963 Comp., p. 389.

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Issued in Washington, DC, on August 27, FOR FURTHER INFORMATION CONTACT: and that parent was deceased at the time 2004. Concerning the proposed regulations, of the transfer. Reginald C. Matthews, Lian A. Mito at (202) 622–7830; Former section 2612(c)(2) further Manager, Airspace and Rules. concerning submissions of comments, provided that, if a transferor’s [FR Doc. 04–20171 Filed 9–2–04; 8:45 am] the hearing and/or to be placed on the grandchild was treated as the BILLING CODE 4910–13–P building access list to attend the transferor’s child, the lineal descendants hearing, Guy R. Traynor, (202) 622–7180 of that grandchild also moved up one (not toll-free numbers). generation level. Furthermore, if any DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: transfer of property to a trust would be a direct skip but for the application of Background Internal Revenue Service the exception, any generation This document contains proposed assignment determined under this 26 CFR Part 26 regulations under sections 2651(e) and exception also applied for purposes of (f)(1) of the Internal Revenue Code applying chapter 13 of the Code to [REG–145988–03] (Code). Section 2651(e) was added to transfers from the portion of the trust RIN 1545–BC60 the Code by section 511(a) of the attributable to the property. Therefore, a Taxpayer Relief Act of 1997 (Public Law subsequent distribution of property Predeceased Parent Rule 105–34; 111 Stat. 778; 1997–4 C.B. 1, from a trust to a grandchild treated as vol. 1) (the 1997 Act) and expands the a child of the transferor was not treated AGENCY: Internal Revenue Service (IRS), predeceased parent exception from GST as a taxable distribution. Treasury. tax previously contained in former Section 511(a) of the 1997 Act ACTION: Notice of proposed rulemaking section 2612(c)(2). repealed former section 2612(c)(2) and and notice of public hearing. Under chapter 13 of the Code, a GST replaced it with new subsection (e) of tax is imposed on all transfers, whether section 2651, which contains the rules SUMMARY: This document contains made directly or indirectly, to skip for assigning individuals to generations proposed regulations relating to the persons. Generally, a skip person is a for purposes of the GST tax. Section predeceased parent rule, which person who is two or more generations 2651(e) broadens the predeceased provides an exception to the general below the generation of the transferor, parent rule by expanding its application rules of section 2651 of the Internal or a trust if all of the interests are held to: (1) Transfers that would be taxable Revenue Code (Code) for determining by skip persons. The transferor is the distributions or taxable terminations; the generation assignment of a individual who transferred property in and (2) transfers to collateral heirs transferee of property for generation- a transaction subject to the gift or estate (lineal descendants of the transferor’s skipping transfer (GST) tax purposes. tax. Transfers that are subject to the GST parents, or the parents of the transferor’s These proposed regulations also provide tax are direct skips, taxable spouse or former spouse), provided that rules regarding a transferee assigned to terminations, and taxable distributions. the transferor (or the transferor’s spouse more than one generation. The proposed A direct skip is a transfer subject to gift or former spouse) has no living lineal regulations reflect changes to the law or estate tax of an interest in property descendants at the time of the transfer. made by the Taxpayer Relief Act of 1997 to a skip person. A taxable termination Section 2651(e) applies to terminations, and generally apply to individuals, is the termination by death, lapse of distributions, and transfers occurring trusts, and estates. This document also time, release of power, or otherwise, of after December 31, 1997. provides notice of a public hearing on an interest in property held in a trust Section 2651(e) applies if an these proposed regulations. unless, immediately after the individual is a descendant of a parent of DATES: Written or electronic comments termination, a non-skip person has an the transferor (or the transferor’s spouse must be received by December 2, 2004. interest in the property or at no time or former spouse) and if the individual’s Requests to speak and outlines of topics after the termination may a distribution parent, who also is a lineal descendant to be discussed at the public hearing be made from the trust to a skip person. of the parent of the transferor (or the scheduled for December 14, 2004, at 10 A taxable distribution is any transferor’s spouse or former spouse), a.m., must be received by November 23, distribution (other than a direct skip or died prior to the time the transferor is 2004. taxable termination) from a trust to a subject to estate or gift tax on the ADDRESSES: Send submissions to skip person. transfer from which an interest of that CC:PA:LPD:PR (REG–145988–03), room For transfers before 1998, former individual is established or derived. If 5203, Internal Revenue Service, P.O.B. section 2612(c)(2) provided an these criteria are satisfied, then the 7604, Ben Franklin Station, Washington, exception to the general rule that a individual is treated under section DC 20044. Submissions may be hand- transfer, either outright or in trust, to a 2651(e) as if the individual is a member delivered Monday through Friday grandchild of the transferor was a direct of the generation that is one generation between the hours of 8 a.m. and 4 p.m. skip. Under former section 2612(c)(2), if below the lower of either the transferor’s to CC:PA:LPD:PR (REG–145988–03), a parent of the transferor’s grandchild generation or the generation of the Courier’s Desk, Internal Revenue was a lineal descendant of the transferor individual’s youngest living lineal Service, 1111 Constitution Avenue, and that parent was deceased at the time ancestor who is also a descendant of the NW., Washington, DC, or sent of the transfer, the grandchild was parent of the transferor (or the electronically, via the IRS Internet site treated as the child of the transferor for transferor’s spouse or former spouse). at: http://www.irs.gov/regs or via the purposes of determining whether a Section 2651(e) does not apply, Federal eRulemaking portal at http:// transfer was a direct skip. This rule also however, to a transfer to an individual www.regulations.gov (IRS and REG– applied to a transfer made to a who is not a lineal descendant of the 145988–03). The public hearing will be grandchild of the transferor’s spouse or transferor (or the transferor’s spouse or held in the IRS Auditorium, Internal former spouse if a parent of the former spouse) if, at the time of the Revenue Building, 1111 Constitution grandchild was a lineal descendant of transfer, the transferor (or the Avenue, NW., Washington, DC. the transferor’s spouse or former spouse transferor’s spouse or former spouse, if

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applicable) has any living lineal inference should be drawn with respect submitted to the Chief Counsel for descendant. to the definition of ancestor for Advocacy of the Small Business purposes of any other section of the Explanation of Provisions Administration for comment on their Code. impact. Predeceased Parent Rule Individuals Assigned to More Than One Comments and Public Hearing The proposed regulations provide Generation rules and examples regarding the Under section 2651(f)(1), an Before these proposed regulations are predeceased parent rule of section individual who would be assigned to adopted as final regulations, 2651(e). One issue addressed in these more than one generation is assigned to consideration will be given to any proposed regulations is the time when the youngest of those generations. This written (a signed original and eight (8) an interest is established or derived. The rule prevents the avoidance of the GST copies) or electronic comments that are proposed regulations provide that, for tax through adoption or marriage. Thus, submitted timely to the IRS. The IRS purposes of section 2651(e), an for example, a transferor cannot avoid and Treasury Department also request individual’s interest in property or a GST tax by adopting the transferor’s comments on the clarity of the proposed trust is established or derived at the adult grandchild. The Treasury rules and how they can be made easier time the transferor is subject to transfer Department and IRS believe, however, to understand. All comments will be tax under chapter 11 or 12 of the Code. that it is reasonable to presume that tax available for public inspection and If a transferor is subject to transfer tax avoidance is not a primary motive when copying. under chapter 11 or 12 of the Code on a transferor adopts a descendant of a A public hearing has been scheduled the property transferred on more than parent of the transferor (or the for December 14, 2004, beginning at 10 one occasion, then the individual’s transferor’s spouse or former spouse) interest will be considered established who is a minor. Thus, under the a.m., in the Auditorium of the Internal or derived on the earliest of those proposed regulations, if an adoptive Revenue Building, 1111 Constitution occasions. parent legally adopts an individual who Avenue, NW., Washington, DC. Due to However, the proposed regulations is: (1) A descendant of a parent of the building security procedures, visitors provide an exception to this general rule adoptive parent (or the adoptive must enter at the Constitution Avenue for remainder interests in trusts for parent’s spouse or former spouse); and entrance. In addition, all visitors must which an election under section (2) under the age of 18 at the time of the present photo identification to enter the 2056(b)(7) (QTIP election) has been adoption, then the adopted individual building. Because of access restrictions, made to treat all or part of the trust as will be treated as a member of the visitors will not be admitted beyond the qualified terminable interest property generation that is one generation below immediate entrance area more than 30 (QTIP). Specifically, to the extent of the the adoptive parent for purposes of minutes before the hearing starts. For QTIP election, the remainder determining whether a transfer from the information about having your name beneficiary’s interest will be deemed to adoptive parent (or the spouse or former placed on the building access list to have been established or derived on the spouse of the adoptive parent, or a attend the hearing, see the FOR FURTHER death of the transferor’s spouse (the lineal descendant of a grandparent of INFORMATION CONTACT section of this income beneficiary), rather than on the the adoptive parent) to the adopted preamble. transferor’s earlier death. Absent this individual is subject to GST tax. The rules of 26 CFR 601.601(a)(3) exception, a remainder beneficiary of a In addition, the proposed regulations QTIP trust would not benefit from the provide that if an individual’s apply to the hearing. Persons who wish predeceased parent rule if the remainder generation assignment is adjusted with to present oral comments at the hearing beneficiary’s parent is alive when the regard to a transfer under either section must submit electronic or written QTIP trust is established, but is 2651(e) or as a result of an adoption comments and an outline of the topics deceased when the income beneficiary’s described above, a corresponding to be discussed and the time to be interest terminates. Without this adjustment with respect to that transfer devoted to each topic (signed original exception, the rule under section is made to the generation assignment of and eight (8) copies) by December 2, 2651(e) would be more restrictive than that individual’s spouse or former 2004. A period of 10 minutes will be the previous rule under former section spouse, that individual’s descendants, allotted to each person for making 2612(c)(2) which, by referring to the and the spouse or former spouse of each comments. An agenda showing the transfer from the transferor (i.e., the of that individual’s descendants. scheduling of the speakers will be surviving spouse, in the case of a QTIP prepared after the deadline for receiving Special Analyses trust), would have made the outlines has passed. Copies of the predeceased parent rule available to the It has been determined that these agenda will be available free of charge remainder beneficiary. The rule under proposed regulations are not a at the hearing. section 2651(e), however, does not significant regulatory action as defined apply to any trust for which the election in Executive Order 12866. Therefore, a Drafting Information regulatory assessment is not required. It under section 2652(a)(3) (reverse QTIP) The principal author of these is made. If a reverse QTIP election is also has been determined that section proposed regulations is Lian A. Mito of made, the grantor remains the transferor 553(b) of the Administrative Procedure the Office of Associate Chief Counsel of the trust for purposes of chapter 13 Act (5 U.S.C. chapter 5) does not apply (Passthroughs and Special Industries). of the Code. In most cases in which the to these regulations and because these However, other personnel from the IRS reverse QTIP election has been made for regulations do not impose a collection a trust, the transferor’s GST exemption of information on small entities, the and Treasury Department participated has been allocated to the trust. Thus, the Regulatory Flexibility Act (5 U.S.C. in their development. trust will be exempt from GST tax. chapter 6) does not apply. Therefore, a List of Subjects in 26 CFR Part 26 Solely for purposes of section 2651(e), Regulatory Flexibility Analysis is not these proposed regulations limit the required. Pursuant to section 7805(f) of Estate taxes, Reporting and term ancestor to a lineal ancestor. No the Code, these regulations will be recordkeeping requirements.

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Proposed Amendments to the (f) * * * that transfer is a generation-skipping Regulations transfer. Example 7. Taxable termination resulting (iii) Ninety-day rule. For purposes of Accordingly, 26 CFR part 26 is from distribution. The facts are the same as proposed to be amended as follows: paragraph (a)(1) of this section, any in Example 6, except twenty years after C’s individual who dies no later than 90 death the trustee exercises its discretionary PART 26—GENERATION-SKIPPING power and distributes the entire principal to days after a transfer is treated as having TRANSFER TAX REGULATIONS GGC. * * * predeceased the transferor. UNDER THE TAX REFORM ACT OF * * * * * (iv) Local law. Except as provided in 1986 Example 11. Exercise of withdrawal right paragraph (a)(2)(iii) of this section, a living descendant is not treated as Paragraph 1. The authority citation as taxable distribution. The facts are the having predeceased the transferor solely for part 26 continues to read, in part, as same as in Example 10, except GC holds a continuing right to withdraw trust principal by reason of a provision of applicable follows: and after one year GC withdraws $10,000. local law; e.g., an individual who Authority: 26 U.S.C. 7805 * * * *** disclaims is not treated as a predeceased Par. 2. In § 26.2600–1, the table is * * * * * parent solely because state law treats a amended by: Par. 4. Sections 26.2651–1, 26.2651– disclaimant as having predeceased the 1. Removing the entries for § 26.2612– 2 and 26.2651–3 are added to read as transferor for purposes of determining 1, paragraphs (a)(1) and (a)(2). follows: the disposition of the disclaimed 2. Adding entries for §§ 26.2651–1, property. § 26.2651–1 Generation assignment. 26.2651–2, and 26.2651–3. (3) Established or derived. For The additions read as follows: (a) Special rule for persons with a purposes of section 2651(e) and deceased parent—(1) In general. This paragraph (a)(1) of this section, an § 26.2600–1 Table of contents paragraph (a) applies for purposes of individual’s interest is established or * * * * * determining whether a transfer to or for derived at the time the transferor who the benefit of an individual who is a § 26.2612–1 Definitions. transferred the property that makes up descendant of a parent of the transferor the interest is subject to transfer tax § 26.2651–1 Generation assignment. (or the transferor’s spouse or former imposed by either chapter 11 or 12 of (a) Special rule for persons with a deceased spouse) is a generation-skipping the Internal Revenue Code on the parent. transfer. If that individual’s parent, who property transferred. If the transferor (1) In general. is a lineal descendant of the parent of will be subject to transfer tax imposed (2) Special rules. the transferor (or the transferor’s spouse (3) Established or derived. by either chapter 11 or 12 of the Internal or former spouse), is deceased at the Revenue Code on the property (4) Special rule in the case of additional time the transfer (from which an interest contributions to a trust. transferred on more than one occasion, (b) Limited application to collateral heirs. of such individual is established or then the relevant time for determining (c) Examples. derived) is subject to the tax imposed by whether paragraph (a)(1) of this section chapter 11 or 12 of the Internal Revenue applies is the earliest time at which the § 26.2651–2 Individual assigned to more Code on the transferor, the individual is than one generation transferor is subject to the tax imposed treated as if that individual were a by either chapter 11 or 12 of the Internal (a) In general. member of the generation that is one (b) Exception. Revenue Code. However, for purposes of generation below the lower of— section 2651(e) and paragraph (a)(1) of (c) Special rules. (i) The transferor’s generation; or this section, the interest of a remainder (1) Corresponding generation adjustment. (ii) The generation assignment of the (2) Continued application of generation beneficiary in a trust for which an individual’s youngest living lineal assignment. election under section 2056(b)(7) (QTIP ancestor who is also a descendant of the election) has been made will be deemed § 26.2651–3 Effective dates parent of the transferor (or the to have been established or derived, to (a) In general. transferor’s spouse or former spouse). (b) Transition rule. (2) Special rules—(i) Corresponding the extent of the QTIP election, on the death of the transferor’s spouse (the Par. 3. Section 26.2612–1 is amended generation adjustment. If an individual’s generation assignment is income beneficiary). The preceding by: sentence does not apply to a trust for 1. Removing the paragraph adjusted with respect to a transfer in accordance with paragraph (a)(1) of this which the election under section designation and heading for (a)(1). 2652(a)(3) (reverse QTIP election) is 2. Removing paragraph (a)(2). section, a corresponding adjustment made. 3. Removing the second sentence of with respect to that transfer is made to paragraph (f). the generation assignment of each— (4) Special rule in the case of 4. Removing Examples 6 and 7 in (A) Spouse or former spouse of that additional contributions to a trust. If a paragraph (f). individual; transferor referred to in paragraph (a)(1) 5. Redesignating Examples 8 through (B) Descendant of that individual; and of this section contributes additional 15 as Examples 6 through 13 in (C) Spouse or former spouse of each property to a trust that existed before paragraph (f). descendant of that individual. the application of paragraph (a)(1), then 6. Revising the first sentence of (ii) Continued application of the additional property is treated as newly designated Example 7 in generation assignment. If a transfer to a being held in a separate trust for paragraph (f). trust would be a generation-skipping purposes of chapter 13 of the Internal 7. Revising the first sentence of newly transfer but for paragraph (a)(1) of this Revenue Code. The provisions of designated Example 11 in paragraph (f). section, any generation assignment § 26.2654–1(a)(2) apply as if the The revisions read as follows: determined under this paragraph (a) portions of the single trust had had continues to apply in determining separate transferors. Other subsequent § 26.2612–1 Definitions. whether any subsequent distribution contributions are treated as (a) * * * from (or termination of an interest in) contributions to the appropriate portion * * * * * the portion of the trust attributable to of the single trust.

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(b) Limited application to collateral deceased at that time, GC is treated as a individual who would be assigned to heirs. Paragraph (a) of this section does member of the generation that is one more than 1 generation is assigned to not apply in the case of a transfer to any generation below the generation of the the youngest of the generations to which individual who is not a lineal transferor, S. As a result, GC is not a skip that individual would be assigned. person and the transfer to GC is not a direct descendant of the transferor (or of the skip. (b) Exception. An adopted individual transferor’s spouse or former spouse) if Example 4. The facts are the same as in will be treated as a member of the the transferor (or the transferor’s spouse Example 3. However, the executor of T’s generation that is one generation below or former spouse) has any living lineal estate makes the election under section the adoptive parent for purposes of descendant at the time of the transfer. 2652(a)(3) (reverse QTIP election) for the determining whether a transfer to the (c) Examples. The following examples entire trust. Therefore, T remains the adopted individual from the adoptive illustrate the provisions of this section: transferor because, for purposes of chapter 13 parent (or the spouse or former spouse of the Internal Revenue Code, the election to of the adoptive parent, or a lineal Example 1. T establishes an irrevocable be treated as qualified terminable interest trust, Trust, providing that trust income is to property is treated as if it had not been made. descendant of a grandparent of the be paid to T’s grandchild, GC, for 5 years. At In this case, the rule in paragraph (a)(3) of adoptive parent) is subject to chapter 13 the end of the 5-year period or on GC’s prior this section does not apply, so GC’s interest of the Internal Revenue Code. For death, Trust is to terminate and the principal is established or derived on T’s death in purposes of this paragraph (b), an is to be distributed to GC if GC is living or 2002. Because C1 was living at the time of adopted individual is an individual who to GC’s children if GC has died. The transfer T’s death, the predeceased parent rule under is— that occurred on the creation of the trust is section 2651(e) does not apply, even though subject to the tax imposed by chapter 12 of (1) A descendant of a parent of the C1 was deceased at the time the transfer from adoptive parent (or the spouse or former the Internal Revenue Code and, at the time S to GC is subject to the tax under chapter of the transfer, T’s child, C, who is a parent spouse of the adoptive parent); and 11 of the Internal Revenue Code. When the (2) Under the age of 18 at the time of of GC, is deceased. GC is treated as a member trust terminates, the distribution to GC is a of the generation that is one generation below taxable termination that is subject to the GST the adoption. T’s generation. As a result, GC is not a skip tax to the extent the trust has an inclusion (c) Special rules—(1) Corresponding person and Trust is not a skip person. ratio greater than zero. See section 2642(a). generation adjustment. If an Therefore, the transfer to Trust is not a direct Example 5. T establishes an irrevocable individual’s generation assignment is skip. Similarly, distributions to GC during trust providing that trust income is to be paid adjusted with respect to a transfer in the term of Trust and at the termination of to T’s grandniece, GN, for 5 years or until accordance with paragraph (b) of this Trust will not be GSTs. GN’s prior death. At the end of the 5-year Example 2. On January 1, 2004, T transfers section, a corresponding adjustment period or on GN’s prior death, the trust is to with respect to that transfer is made to $100,000 to an inter vivos trust that provides terminate and the principal is to be T with an annuity payable for four years or distributed to GN if living, or if GN has died, the generation assignment of each— until T’s prior death. The annuity satisfies to GN’s descendants, per stirpes. S is a (i) Spouse or former spouse of that the definition of a qualified interest under sibling of T and the parent of N. N is the individual; section 2702(b). When the trust terminates, parent of GN. At the time of the transfer, T (ii) Descendant of that individual; and the corpus is to be paid to T’s grandchild, has no living lineal descendant, S is living, (iii) Spouse or former spouse of each GC. The transfer is subject to the tax imposed N is deceased, and the transfer is subject to descendant of that individual. by chapter 12 of the Internal Revenue Code the gift tax imposed by chapter 12 of the (2) Continued application of and, at the time of the transfer, T’s child, C, Internal Revenue Code. GN is treated as a who is a parent of GC, is living. C dies in generation assignment. If a transfer to a member of the generation that is one 2006. In this case, C was alive at the time the trust would be a generation-skipping generation below T’s generation because S, transfer by T is subject to the tax imposed by transfer but for paragraph (b) of this GN’s youngest living lineal ancestor who is chapter 12 of the Internal Revenue Code. section, any generation assignment also a descendant of T’s parent, is in T’s Therefore, section 2651(e) and paragraph determined under paragraph (b) of this generation. As a result, GN is not a skip (a)(1) of this section do not apply. When the section continues to apply in trust subsequently terminates, the person and the transfer to the trust is not a direct skip. In addition, distributions to GN determining whether any subsequent distribution to GC is a taxable termination. distribution from (or termination of an Example 3. T dies testate in 2002, survived during the term of the trust and at the by T’s spouse, S, their children, C1 and C2, termination of the trust will not be GSTs. interest in) the portion of the trust and C1’s child, GC. Under the terms of T’s Example 6. On January 1, 2004, T transfers attributable to that transfer is a will, a trust is established for the benefit of $50,000 to the great grandchild, GGC, of B, generation-skipping transfer. S and their descendants. Under the terms of a brother of T. At the time of the transfer, B’s the trust, all income is payable to S during grandchild, GC, who is a parent of GGC and § 26.2651–3 Effective dates. S’s lifetime and the trustee may distribute a child of B’s living child, C, is deceased. (a) In general. The rules of trust corpus for S’s health, support and GGC will be treated as a member of the §§ 26.2651–1 and 26.2651–2 are maintenance. At S’s death, the corpus is to generation that is one generation below the applicable for terminations, lower of T’s generation or the generation be distributed, outright, to C1 and C2. If distributions, and transfers occurring on either C1 or C2 has predeceased S, the assignment of GGC’s youngest living lineal ancestor who is also a descendant of the or after the date these regulations are deceased child’s share of the corpus is to be issued as final regulations in the distributed to that child’s descendants, per parent of the transferor. In this case, C is stirpes. The executor of T’s estate makes the GGC’s youngest living lineal ancestor who is Federal Register. election under section 2056(b)(7) to treat the also a descendant of the parent of T. Because (b) Transition rule. (1) The rule trust property as qualified terminable interest C’s generation assignment is lower than T’s contained in the last two sentences of property (QTIP) but does not make the generation, GGC will be treated as a member § 26.2651–1(a)(3) is applicable for election under section 2652(a)(3) (reverse of the generation that is one generation below terminations, distributions, and QTIP election). In 2003, C1 dies survived by C’s generation assignment (i.e., GGC will be transfers occurring on or after the date S and GC. In 2004, S dies, and the trust treated as a member of GC’s generation). As these regulations are issued as final terminates. The full fair market value of the a result, GGC remains a skip person and the transfer to GGC is a direct skip. regulations in the Federal Register. trust is includible in S’s gross estate under (2) Except as provided in paragraph section 2044 and S becomes the transferor of the trust under section 2652(a)(1)(A). Under § 26.2651–2 Individual assigned to more (b)(1) of this section, in the case of the rule in paragraph (a)(3) of this section, than 1 generation. transfers occurring after December 31, GC’s interest is considered established or (a) In general. Except as provided in 1997, and before the date that this derived at S’s death, and because C1 is paragraphs (b) or (c) of this section, an document is published in the Federal

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Register as a final regulation, taxpayers Federal eRulemaking Portal: http:// about EPA’s public docket visit may rely on any reasonable www.regulations.gov/. Follow the on- EDOCKET on-line or see the Federal interpretation of section 2651(e). For line instructions for submitting Register of May 31, 2002 (67 FR 38102) this purpose, these proposed regulations comments. (FRL–7181–7). For additional are treated as a reasonable interpretation Agency Web Site: http://www.epa.gov/ instructions on submitting comments, of the statute. edocket/. EDOCKET, EPA’s electronic go to Unit I.C. of the SUPPLEMENTARY public docket and comment system, is INFORMATION section of this document. Deborah M. Nolan, EPA’s preferred method for receiving Docket: All documents in the docket Acting Deputy Commissioner for Services and comments. Follow the on-line are listed in the EDOCKET index at Enforcement. instructions for submitting comments. http://www.epa.gov/edocket/. Although [FR Doc. 04–20165 Filed 9–2–04; 8:45 am] E-mail: [email protected]. listed in the index, some information is BILLING CODE 4830–01–P Mail: Public Information and Records not publicly available, i.e., CBI or other Integrity Branch (PIRIB) (7502C), Office information whose disclosure is of Pesticide Programs (OPP), restricted by statute. Certain other ENVIRONMENTAL PROTECTION Environmental Protection Agency, 1200 material, such as copyrighted material, AGENCY Pennsylvania Ave., NW., Washington, is not placed on the Internet and will be DC 20460–0001. publicly available only in hard copy 40 CFR Part 166 Hand Delivery: Public Information form. Publicly available docket [OPP–2004–0038; FRL–7371–3] and Records Integrity Branch (PIRIB), materials are available either Office of Pesticide Programs (OPP), RIN 2070–AD36 electronically in EDOCKET or in hard Environmental Protection Agency, Rm. copy at the Public Information and 119, Crystal Mall #2, 1801 S. Bell St., Pesticides; Emergency Exemption Records Integrity Branch (PIRIB), Rm. Arlington, VA. Such deliveries are only Process Revisions 119, Crystal Mall #2, 1801 S. Bell St., accepted during the Docket’s normal Arlington, VA. This Docket Facility is AGENCY: Environmental Protection hours of operation, and special open from 8:30 a.m. to 4 p.m., Monday Agency (EPA). arrangements should be made for through Friday, excluding legal deliveries of boxed information. ACTION: Proposed rule. holidays. The Docket telephone number Instructions: Direct your comments to is (703) 305–5805. SUMMARY: EPA is proposing several docket ID number OPP–2004–0038. revisions to its regulations governing EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT: emergency exemptions that allow received will be included in the public Joseph Hogue, Field and External unregistered uses of pesticides to docket without change and may be Affairs Division (7506C), Office of address emergency pest conditions for a made available online at http:// Pesticide Programs, Environmental limited time. The first significant www.epa.gov/edocket, including any Protection Agency, 1200 Pennsylvania change would allow applicants for personal information provided, unless Ave., NW., Washington, DC 20460– certain repeat exemptions a simple way the comment includes information 0001; telephone number: 703–308–9072; to re-certify that the emergency claimed to be Confidential Business fax number: 703–305–5884; e-mail conditions that initially qualified for an Information (CBI) or other information address: [email protected]. exemption continue to exist in the whose disclosure is restricted by statute. SUPPLEMENTARY INFORMATION: second and third years. The second Do not submit information that you I. General Information significant proposal would re-define consider to be CBI or otherwise significant economic loss and adjust the protected through EDOCKET, A. Does this Action Apply to Me? data requirements for documenting the regulations.gov, or e-mail. The EPA You may be potentially affected by loss. These proposed revisions would EDOCKET and the federal this action if you are a Federal, State, or streamline and improve the application regulations.gov websites are Territorial government agency that and review process by reducing the ‘‘anonymous access’’ systems, which petitions EPA for an emergency use burden to both applicants and the EPA, means EPA will not know your identity authorization under section 18 of the allowing for quicker decisions by the or contact information unless you Federal Insecticide, Fungicide, and Agency, and providing for more provide it in the body of your comment. Rodenticide Act (FIFRA). Regulated consistently equitable determinations of If you send an e-mail comment directly categories and entities may include, but ‘‘significant economic loss’’ as the basis to EPA without going through are not limited to: for an emergency. These two proposals EDOCKET or regulations.gov, your e- • Federal Government (NAICS Code are currently being employed in limited mail address will be automatically 9241), i.e., Federal agencies that petition pilot programs. In addition, EPA is captured and included as part of the EPA for section 18 use authorization. proposing several minor revisions to the comment that is placed in the public • State or Territorial governments regulations to clarify that quarantine docket and made available on the (NAICS Code 9241), i.e., States, as exemptions may be used for control of Internet. If you submit an electronic defined in FIFRA section 2(aa), that invasive species, and to update or revise comment, EPA recommends that you petition EPA for section 18 use certain administrative aspects of the include your name and other contact authorization. regulations. All of these proposed information in the body of your This listing is not intended to be revisions can be accomplished without comment and with any disk or CD-ROM exhaustive, but rather provides a guide compromising protections for human you submit. If EPA cannot read your for readers regarding entities likely to be health and the environment. comment due to technical difficulties affected by this action. Other types of DATES: Comments must be received on and cannot contact you for clarification, entities not listed in this unit could also or before November 2, 2004. EPA may not be able to consider your be affected. The North American ADDRESSES: Submit your comments, comment. Electronic files should avoid Industrial Classification System identified by docket ID number OPP– the use of special characters, any form (NAICS) codes have been provided to 2004–0038, by one of the following of encryption, and be free of any defects assist you and others in determining methods: or viruses. For additional information whether this action might apply to

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certain entities. To determine whether your estimate in sufficient detail to falls into one of the following categories: you or your business may be affected by allow for it to be reproduced. Correction of typographical or this action, you should carefully vi. Provide specific examples to administrative errors; conformance with examine the summary of the illustrate your concerns, and suggest requirements of the Food Quality applicability provisions as found in alternatives. Protection Act of 1996 (FQPA); and Unit III.B. of this proposed rule. If you vii. Explain your views as clearly as codification of improved practices that have any questions regarding the possible, avoiding the use of profanity have been voluntarily but widely applicability of this action to a or personal threats. followed by applicants. Second, the particular entity, consult the person viii. Make sure to submit your Agency is proposing to add specific listed under FOR FURTHER INFORMATION comments by the comment period language to the regulations to clarify CONTACT. deadline identified. that treatment of ‘‘invasive species’’ is a valid basis for issuing a quarantine B. How Can I Access Electronic Copies II. Purpose exemption. Third, this proposed rule of this Document and Other Related The primary purpose of this notice of includes a discussion of how the Information? proposed rulemaking is to simplify the Agency protects endangered and process of applying for emergency In addition to using EDOCKET (http:/ threatened species, and ensures exemptions, and allow for quicker /www.epa.gov/edocket/), you may compliance with the Endangered responses to emergency pest conditions, access this Federal Register document without affecting current protections for Species Act, through its implementation electronically through the EPA Internet human health and the environment. of the emergency exemption program. under the ‘‘Federal Register’’ listings at This document proposes several No regulatory proposals are included http://www.epa.gov/fedrgstr/. A revisions to the regulations at 40 CFR relative to endangered species measures. frequently updated electronic version of part 166, in an effort to make a variety Finally, this proposed rule informs the 40 CFR part 166 is available at E-CFR of improvements to the pesticide public that EPA has revised its tentative Beta Site Two at http:// emergency exemption program and plan to include in this proposed rule a www.gpoaccess.gov/ecfr/. process. The two most significant of the proposal to allow exemptions for the purpose of pest resistance management. C. What Should I Consider as I Prepare revised practices being proposed are An explanation of why resistance My Comments for EPA? streamlining provisions intended to reduce the burden to both applicants management exemptions are not being 1. Submitting CBI. Do not submit this and the Agency, and expedite decisions proposed at this time, and a discussion information to EPA through EDOCKET, on exemption requests. The first of these of what alternative plans the Agency has regulations.gov or e-mail. Clearly mark revisions would expressly authorize for addressing resistance management, the part or all of the information that applicants for certain repeat exemptions are included. you claim to be CBI. For CBI to re-certify that an emergency The Agency encourages interested information in a disk or CD ROM that condition continues in the second and parties to submit comments on any of you mail to EPA, mark the outside of the third years, and to incorporate by the proposed regulatory revisions by disk or CD ROM as CBI and then reference all information submitted in a following the instructions under identify electronically within the disk or previous application rather than ADDRESSES. Commenters should explain CD ROM the specific information that is annually submit complete applications. any modifications they suggest for the claimed as CBI. In addition to one The second revision would pertain to proposed revisions, along with their complete version of the comment that the determination of ‘‘significant rationale. EPA would like applicants for includes information claimed as CBI, a economic loss,’’ shifting the emphasis emergency exemptions to submit copy of the comment that does not from the historical profit variability to comments concerning their experience contain the information claimed as CBI the potential loss relative to yields and/ with the pilot for the two streamlining must be submitted for inclusion in the or revenues without the emergency, and provisions being proposed. Applicants public docket. Information so marked establishing a tiered analysis that will in who have participated in the pilot are will not be disclosed except in many cases substantially reduce asked to submit comments explaining accordance with procedures set forth in applicants’ data burden related to the pros and cons of the revised 40 CFR part 2. substantiating the significance of losses. practices. Applicants who were eligible 2. Tips for preparing your comments. Each of these revisions would for, but elected not to participate in, the When submitting comments, remember streamline the application and review pilot are asked to submit comments to: process for emergency exemptions. In explaining why they did not participate. i. Identify the rulemaking by docket addition, the proposed economic Units V. and VI. outline the specific ID number and other identifying assessment approach would directly revisions being proposed, but also information (subject heading, Federal result in more consistently equitable include discussion asking potential Register date, and page number). determinations of whether a significant commenters to consider alternative ii. Follow directions. The Agency may economic loss is expected than does the approaches for particular aspects of the ask you to respond to specific questions current approach. These two proposal. In addition to inviting public or organize comments by referencing a streamlining proposals are currently comments on this proposed rule, EPA Code of Federal Regulations (CFR) part being employed in limited pilot plans to consult the Pesticide Program or section number. projects. Dialogue Committee (PPDC) on these iii. Explain why you agree or disagree; EPA also intends to achieve several proposed revisions, as it has prior to suggest alternatives and substitute other objectives in this proposed rule. initiating the pilot for the streamlining language for your requested changes. First, revisions are proposed to correct proposals. Input from the public iv. Describe any assumptions and or update several minor administrative comments received in response to this provide any technical information and/ aspects of the emergency exemption proposed rule, and experience from the or data that you used. regulations, which have not been pilot will be carefully considered, when v. If you estimate potential costs or revised since 1986. The reason for each deciding whether to modify these burdens, explain how you arrived at of these minor administrative revisions proposed revisions for the final rule.

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III. Statutory and Regulatory generally considered to exist when no IV. Background Framework other viable (chemical or non-chemical) A. April 2003 Notice Initiating Pilot for means of control exist, and where the A. Statutory Authority Two Revisions Now Being Proposed emergency situation will cause EPA regulates the use of pesticides significant economic losses to affected EPA published a Notice in the under the authority of two federal individuals if the exemption is not Federal Register on April 24, 2003 (68 statutes: the Federal Insecticide, approved. FR 20145) (FRL–7293–6), announcing Fungicide, and Rodenticide Act (FIFRA) A Federal or State agency must the initiation of a limited pilot program and the Federal Food, Drug, and submit an emergency exemption request to test two potential improvements to Cosmetic Act (FFDCA). in writing that documents the the emergency exemption process. The FIFRA provides the basis for emergency situation, the pesticide two potential improvements currently regulation, sale, distribution and use of proposed for the use, the target pest, the being piloted are: (1) Allowing pesticides in the United States. FIFRA crop, the rate and number of applicants for certain repeat exemptions generally prohibits the sale and applications to be made, the to re-certify that the emergency distribution of any pesticide product, geographical region where the pesticide condition still exists in the second and unless it has been registered by EPA in would be applied, and a discussion of third years, and to incorporate by accordance with section 3. (7 U.S.C. risks that may be posed to human health reference all information submitted in a 136a.). Section 18 of FIFRA gives the or to the environment as a result of the previous application rather than Administrator of EPA broad authority to pesticide use (40 CFR 166.20). EPA annually submit complete new exempt any Federal or State agency reviews the request, verifying the applications and, (2) a new approach to from any provision of FIFRA if the existence of the emergency, assessing documenting a significant economic Administrator determines that risks posed to human health through loss that focuses on the significance of emergency conditions exist which food, drinking water, and residential the potential loss relative to yields and/ require such an exemption. (7 U.S.C. exposure, assessing risks posed to or revenues without the emergency 136p). Under section 2(aa) of FIFRA, the farmworkers and other handlers of the rather than comparison to historical term ‘‘State’’ is defined to include a pesticide, assessing any adverse effects profit variation. The April 2003 Notice ‘‘State, the District of Columbia, the on non-target organisms (including also discussed whether exemptions for Commonwealth of Puerto Rico, the Federally listed endangered species), the purpose of pest resistance Virgin Islands, Guam, the Trust and assessing the potential for management might be allowed. Finally, Territory of the Pacific Islands, and contamination of ground water and the Notice solicited public comment on America Samoa.’’ (7 U.S.C. 136(aa)). surface water. If an application for the all three potential changes, and Section 408 of FFDCA authorizes EPA requested use has been made in announced EPA’s plan to issue a to set maximum residue levels, or previous years, EPA also does an proposed rule addressing them. The two tolerances, for pesticides used in or on assessment of the progress toward revised practices included in the pilot foods or animal feed, or to exempt a registration for the use of the requested are also included in this proposed rule, pesticide from the requirement of a chemical on the requested crop, and without the restriction to reduced-risk tolerance, if warranted. (21 U.S.C. 346a). considers this status in the final pesticides that limits the scope of the B. Existing Regulatory Provisions determination to approve or deny the pilot. exemption. If EPA concludes that the Anyone interested in the background Regulations governing FIFRA section situation is an emergency, and that the leading up to the pilot program, or other 18 emergency exemptions are codified use of the pesticide under the related documents, may wish to review in 40 CFR part 166. Generally, these exemption will be consistent with the the Federal Register Notice announcing regulations set forth information standards of section 18 and 40 CFR part the pilot, and the related documents. A requirements, procedures, and 166, and, for food uses, section 408 of public docket was established for that standards for EPA’s approval or denial FFDCA, then EPA may authorize Notice under docket ID number OPP– of a request from a Federal or State emergency use of the pesticide. 2002–0231. Interested parties should agency for an exemption to allow a use Use under specific and public health follow instructions under ADDRESSES for of a pesticide that is not registered when exemptions can be authorized for accessing the docket, but use docket ID such use is necessary to alleviate an periods not to exceed 1 year, and uses number OPP–2002–0231 to access the emergency condition. under quarantine exemptions can be docket for the April 24, 2003 Notice. Federal and State agencies may apply authorized for up to 3 years (40 CFR for an emergency exemption due to a 166.28). Public health exemptions are B. Summary of Early Pilot Experience public health emergency, a quarantine for the control of pests that will cause The pilot program is limited to emergency, or a ‘‘specific’’ emergency. a significant risk to human health, while requests for a specific set of ‘‘reduced- Most emergency exemptions requested quarantine exemptions are intended to risk’’ pesticides, which significantly or approved fall under the category of control the introduction or spread of limits the number of potentially eligible ‘‘specific exemptions’’ and are requested pests that are new or not known to be exemption requests. The summary of in order to avert an economic widely prevalent or distributed within participation in the pilot focuses on the emergency for an agricultural activity. and throughout the United States and its 2003 growing season, since the 2004 Typical justifications for specific territories. Emergency exemptions season was still underway at this time. exemptions include, but are not limited should not be viewed as an alternative The first part of the pilot allowed to, the expansion of the range of a pest; to registering the use(s) needed for applicants for eligible repeat the cancellation or removal from the longer periods. If the situation exemptions to re-certify the existence of market of a previously registered and addressed with the section 18 their emergency condition. The re- effective pesticide product; and the exemption persists, or is expected to certification pilot involves exemptions development of resistance in pests to a persist, affected entities must take the that meet all of the following eligibility registered product, or loss of efficacy of proper steps to amend the existing criteria: (1) EPA approved the same available products for any reason. registration or seek a new registration to exemption the previous year, and it is Additionally, an emergency situation is address that future need. the second or third year of the request

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by that applicant, (2) the emergency understanding among State agencies now available; (3) any changes have situation can reasonably be expected to increases. Efforts to facilitate the occurred in the status of the chemical’s continue for longer than 1 year, (3) the understanding and use of the pilot risk assessment; (4) the requested exemption is not for a new chemical, a initiatives are currently underway. conditions of use have changed; and (5) first food use, or for a chemical under the pesticide for the requested use has V. Proposed Revisions to Emergency Special Review, and (4) the exemption made sufficient progress towards Exemption Process is for a chemical previously identified registration. by EPA as reduced-risk. For the 2003 The two revisions discussed below 2. How would re-certification work growing season, 16 exemptions were are currently being employed in limited under the proposed approach? This identified by EPA as eligible for re- pilot programs that were initiated by a proposed revision would reduce the certification and the list was made Federal Register Notice in April 2003. burden on applicants who seek re- available to States and the public. Of the A guidance document was prepared for approval of certain emergency 16 exemptions eligible to repeat by re- use by applicants to participate in the exemptions in subsequent years. EPA certification, 7 submitted applications pilot programs. After reviewing this proposes to add a new paragraph (b)(5) using re-certification. Of the nine Unit V., interested parties may find it to 40 CFR 166.20, which would allow exemptions that were eligible but for useful to review that guidance applicants for eligible repeat which no re-certification was submitted, document for the Agency’s detailed exemptions to submit applications that three were for pesticide uses that had plans for implementation of these rely on the preceding year’s submission obtained federal registration under revisions. A final guidance document to document the economic impact of the FIFRA section 3 since the 2002 will be made available when a final rule pest emergency. This re-certification exemption; three were not requested at is published. In the meantime, the approach would allow applicants to all in 2003; and the remaining three guidance document for the pilot would incorporate by reference all information were requested using conventional be particularly helpful in understanding submitted in a previous application, emergency exemption requests. In the what information would be required to instead of submitting a complete re- seven instances of a re-certification, be submitted by applicants under the application and supporting EPA staff was able to make expedited proposed revisions. The pilot guidance documentation. The re-certification of decisions with an average of 9 days from document for the 2004 growing season the emergency condition by the receipt of the request until the decision is available in the public docket. applicant combined with the materials was made. Interested parties should follow already in EPA’s files would serve as the The second part of the pilot, for the instructions under ADDRESSES. basis for EPA’s determination as to loss-based approach for determining a A. Re-certification of Emergency whether an emergency condition significant economic loss, is limited Condition by Applicants continues to exist. only by the restriction to reduced-risk Upon approval of any emergency pesticides. Unlike the re-certification 1. What is our current practice? EPA exemption, EPA would make an up- part of the pilot, there is no specific list authorizes emergency exemptions front, separate, additional determination of eligible exemptions, only eligible (except quarantine exemptions) for no regarding eligibility for a streamlined re- pesticide active ingredients to be longer than 1 year. However, depending certification application the following requested. Therefore, there is no fixed on the nature of the non-routine year, in the event that the applicant number of eligible exemptions for the condition that caused the emergency, reapplies the next year. Eligibility for a loss-based economic approach. EPA did some exemptions may subsequently be re-certification application would not not receive any submissions using the approved again, 1 year at a time. determine whether an emergency loss-based approach for determining a Currently, EPA conducts a full review of exemption application could be significant economic loss under the an application for the first year of an approved. Rather eligibility would affect terms of the pilot during the 2003 exemption, to determine whether an the information that should be growing season, although we have emergency condition exists, to ensure submitted in the application. EPA already received some in 2004. For the the use will not result in unreasonable would consider several factors in past year, the Agency has routinely adverse effects to human health or the determining eligibility to use a prepared side-by-side assessments that environment, and, if the use will result streamlined re-certification application: evaluate the data under the traditional in pesticide residues in food or feed, to 1. Whether the emergency situation method, as well as the loss-based make a safety finding consistent with could reasonably be expected to approach outlined in the pilot, to gain section 408 of the Federal Food, Drug, continue for longer than 1 year. An a better understanding and compare the and Cosmetic Act (FFDCA). emergency situation could reasonably ways of measuring whether pest If the emergency condition continues be expected to continue where, for situations represent emergencies. The in subsequent years, applicants may example, a registered product relied loss-based approach is considered to submit a similar application, in which upon by growers becomes permanently measure more accurately the case the Agency must again confirm the unavailable, a pest expands its range, or significance of losses associated directly emergency condition and acceptability a registered product ceases to be with the pest problem, and is less of the risk. For requests after the first effective against a pest. Situations that influenced by other factors such as year, the applicant again submits would not be expected to continue market fluctuations. In addition, cursory information to support the emergency would include a temporary supply assessments of available past finding, with a full application, problem of a registered product, an submissions have been done using the including updated economic data. For isolated weather event, or a sporadic loss-based approach. these repeat requests EPA reevaluates pest outbreak. Both of these proposed revisions offer the situation to determine, relative to 2. Whether an emergency exemption a cost saving and reduce the burden on the first year, whether: (1) The has been approved more than twice for States as well as on EPA. The Agency emergency condition has changed; (2) the same pesticide at the same site. EPA expects that the level of participation in any alternative products have been recognizes that some emergency both areas of the pilot will increase as newly registered for the use, or other situations can continue for more than 1 the level of familiarity and effective pest control techniques are year, however, pesticide registration

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pursuant to FIFRA section 3 is the would make it eligible, the applicant newly registered for the use; (2) any appropriate long-term response, rather may contact the Agency to request an changes have occurred in the status of than the section 18 emergency eligibility determination. In some the chemical’s risk assessment; (3) the exemption. According to the regulations instances, EPA may determine that an requested conditions of use have and EPA policy, a failure to request emergency condition exists, and that the changed; and, (4) the pesticide for the registration of a use requested under exemption is eligible for a re- requested use has made sufficient section 18 for more than 3 years may certification application the following progress towards registration. If an indicate that adequate progress toward year, yet conclude that additional effective product has been registered for registration is not being made. information should be gathered in order the requested use since the previous Therefore, EPA carefully examines all to support approval in future years. In exemption was approved, then an exemption submissions submitted for such instances, EPA may indicate in the emergency condition may no longer more than 3 years. approval notice that the exemption is exist. If the Agency has received new 3. Whether the pesticide product, eligible for re-certification upon risk information since approving the owing to its regulatory status, warrants submission of the specified information. previous exemption, then the risk heightened review before any additional Under the proposed rule, an eligible would be re-evaluated. Likewise, if the use is approved. EPA will rely on the re-certification applicant would be request includes any change in the same criteria used in the existing exempted from the information conditions of use that may increase regulations at 40 CFR 166.24(a), which requirements of 40 CFR 166.20(a)(1) exposure (application rate, number of identifies a number of different through (a)(10), and of the existing 40 applications, type of application, pre- situations where, upon receipt of an CFR 166.20(b), where the applicant harvest interval, re-entry interval, total application for an emergency certifies that: number of acres, and all other directions exemption, the regulatory status of a (i) The emergency condition for use) then the risk would also be re- pesticide product calls for public notice described in the preceding year’s evaluated. Because some applicants may and comment: application continues to exist. start their 3–year re-certification period (1) The application proposes use of a (ii) Except as expressly identified, all in later years than others, it is possible new chemical. information submitted in the preceding that EPA may determine that sufficient (2) The application proposes the first year’s application is still accurate. progress towards registration has not food use of an active ingredient. (iii) Except as expressly identified, the been made for a pesticide requested by (3) The application proposes any use proposed conditions of use are identical an applicant eligible for re-certification. of a pesticide if the pesticide has been to the conditions of use EPA approved For eligible requests where the subject to a suspension notice under for the preceding year. applicant has certified a continuing section 6(c) of the Act. (iv) Any conditions or limitations on emergency, if the three remaining (4) The application proposes use of a the eligibility for re-certification review factors (product registrations, pesticide which: identified in the preceding year’s notice risk assessment status, and requested (i) Was the subject of a notice under of approval of the emergency exemption conditions of use) have not changed, the section 6(b) of the Act and was have been satisfied. Agency’s review time is expected to be subsequently canceled. Applicants meeting the above significantly reduced. In such cases, (ii) Is intended for a use that poses a requirements would not need to submit applicants are expected to benefit by risk similar to the risk posed by any use new, updated documentation that the expedited decisions, in addition to the of the pesticide which was the subject emergency condition continues or the reduced burden due to the certification of the notice under section 6(b). additional data elements generally of the emergency. Applicants would be (5) The application proposes use of a required under 40 CFR 166.20, except permitted to modify the conditions of pesticide which: that the interim report specified in 40 the emergency use in an application in (i) Contains an active ingredient CFR 166.20(a)(11) would still be which they re-certify the emergency. which is or has been the subject of a required where a re-certification is filed However, EPA would need to determine Special Review. before the final report on the previous whether, and how, such changes impact (ii) Is intended for a use that could exemption is available. exposure and risk to human health or pose a risk similar to the risk posed by Eligibility for re-certifying the the environment. Therefore, such any use of the pesticide which is or has emergency condition would not changes may undercut the Agency’s been the subject of the Special Review. determine whether an emergency ability to make an expedited decision. If In instances where EPA determines exemption application could be the conditions of use are the same as the that the emergency situation could approved. For applications that are conditions of use in the exemption reasonably be expected to continue, eligible and include a proper re- approved by EPA in the previous year, where an emergency exemption has certification of the emergency condition, applicants may include a separate been approved not more than twice for EPA would again determine whether the certification that their requested the same pesticide at the same site, and requested use poses a risk to human conditions of use have not changed, and where the pesticide product’s regulatory health or the environment that exceeds incorporate by reference all conditions status does not warrant heightened statutory and regulatory standards. If the of use submitted in a previous review, EPA would notify the successful risks posed by the requested use are application or applications. This applicant that, should it re-apply the determined to be unacceptable, the certification that the conditions of use following year, it is eligible to use a re- exemption request would be denied are unchanged would aid in expediting certification application. EPA unless the risks could be mitigated. the Agency’s decision. anticipates that this notification would Where an application re-certifies that If the Agency determines that there be included in the notice of approval of the emergency condition and requested has been insufficient progress towards the current year’s application. However, use are the same as in the initial year registration of the requested chemical if an exemption is not classified as a of the exemption, EPA would only re- on the requested crop, a request could candidate for re-certification in the evaluate the situation to determine, be denied, consistent with current approval notice, and an applicant relative to the first year, whether: (1) regulations and practice, regardless of believes that subsequent information Any alternative products have been eligibility for submitting a re-

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certification application. Registrant certification of a continuing emergency, calculate the economic consequences of progress toward registration is reliance on the previously submitted an unusual pest outbreak, although the determined for a pesticide-crop data and other supporting information calculation would be done in steps combination, whereas the year-count should be adequate to support a (tiers) and sometimes the later steps (first, second, third) in the eligibility decision to approve or deny an would be unnecessary. States would cycle for re-certification would be emergency exemption application. still have to submit data to demonstrate determined separately for each State/ the emergency nature of the outbreak B. Determining and Documenting Federal applicant, and could often differ including the expected losses in ‘‘Significant Economic Loss’’ among section 18 applicants in a given quantity, and sometimes quality and/or year. Lack of progress towards 1. What is our current practice? In additional production costs. However, registration would not cause denials determining whether a pest emergency the proposed approach would impose during the first 3 years of exemptions is likely to result in ‘‘significant standard criteria for determining the for a chemical-crop combination. economic loss,’’ EPA ordinarily significance of that loss, rather than However, since some applicants may compares the affected growers’ comparing losses to past variations in apply for the first time in a year projected per-acre ‘‘profits’’ (gross revenue or profit. The goal of the criteria subsequent to the first request for a revenue less expenses, where expenses is to compare losses to farm or firm chemical-crop combination by another have often been poorly defined) for the income in the absence of the emergency applicant, lack of progress towards affected crop, based on anticipated yield in a manner that can be easily and registration could potentially interrupt losses, to the historical variation in their consistently measured. Further, the eligibility cycle for some applicants. ‘‘profits’’ for that crop in that region. successive screening levels (tiers) have It is EPA’s view that section 18 Applicants are required under 40 CFR been chosen that will permit situations applies to non-routine conditions, and 166.20(b)(4) to submit economic that clearly qualify to be resolved thus the Agency does not expect to re- information necessary to make this quickly, with a minimum of data. Each approve emergency exemptions determination. In addition to tier has a quantitative threshold that indefinitely. Under this proposal EPA information used to estimate the amount would generally apply to all eligible would not allow submission of re- of the anticipated yield and profit emergency exemption applications. If certification applications where losses, EPA generally asks for annual the pest situation does not appear likely exemptions have been previously data for 5 years of average yields, prices, to result in a significant economic loss granted for 3 or more years. As provided and production costs to establish profit based on the first tier analysis, it might in 40 CFR 166.25(b)(2)(ii), an applicant variability. qualify based on further analysis in for an emergency exemption for a use Under the current approach, EPA and succeeding tiers. Each additional tier that has been subject to an emergency applicants estimate expected net would require more data and involve exemption in 3 previous years will be revenues under the emergency more analysis on how the emergency required to demonstrate reasonable conditions and compare them to the affects revenues. Where conditions do progress towards registering the product variation in annual profitability during not neatly fit into the tiered approach, for the use, as part of a full application. the previous 5 years. If the expected net for example long-term losses in orchard 3. Why propose this change? Allowing revenues under the emergency are less crops, the Agency would make its applicants for certain eligible exemption than the smallest net revenues of the significant economic loss requests to re-certify the existence of an previous 5 years, then the Agency determinations based on other criteria, ongoing emergency condition and to would typically conclude that a such as changes in the net present value incorporate by reference all information significant economic loss will occur. of an orchard, if these losses are submitted in a previous application is Some crops have very wide fluctuations demonstrated by the applicant. expected to reduce the burden to both in net revenues (that in many cases are Tier 1: Yield loss. Tier 1 is based on applicants and EPA as well as allow for the result of market forces entirely crop yield loss. If the projected yield quicker decisions. When an applicant unrelated to pest pressure). For such loss due to the emergency condition is certifies the continuation of the crops, growers may experience a large sufficiently large, EPA would conclude emergency condition and incorporates economic loss due to non-routine pest- that a significant economic loss will previously submitted materials by related conditions, without a significant occur, due to the magnitude of the reference, a complete new application economic loss finding by EPA under expected revenue loss. The yield loss sufficient to characterize the situation in strict adherence to the current approach. threshold in Tier 1 would be 20% for all accordance with 40 CFR 166.20 will not Other crops may have very little crops. This threshold is set at a be required. This will save applicants variation in historical net revenues, sufficiently high level such that a loss time and effort in gathering data and which could lead to a very small that exceeded the threshold would also preparing their submissions. The economic loss being found significant meet the thresholds in Tiers 2 and 3, if Agency will save time and resources by under the current approach. the additional economic data were not having to annually repeat each step 2. How would the proposed approach submitted and analyzed. Therefore, for of its review of the documents work? This second proposed such large yield losses it would not be supporting the exemption requests. If no improvement would focus EPA’s necessary to separately estimate pesticides that could avert the analysis on the economic impact of the economic loss, which would require emergency have been newly registered, pest emergency relative to yields and/or detailed economic data. and nothing has changed to affect the revenues without the pest emergency, Tier 2: Economic loss as a percentage assessment of risk, then re-certification rather than comparing it to historical of gross revenues. A yield loss that does of an emergency will lead to profit variation for the crop and region. not satisfy the threshold in Tier 1 may significantly shorter Agency review. Moreover, the new approach would nonetheless cause a significant EPA’s experience indicates that allow applicants to document economic economic loss because yield loss alone emergency situations that continue after losses with a less burdensome may not reflect all economic losses. In the initial year generally are projected to methodology where appropriate. addition to yield losses, there may be cause comparable yield losses in The proposed loss-based approach other impacts that contribute to succeeding years. Therefore, with the would use the existing methodology to economic loss. Quality losses may result

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in reductions in prices received and/or showed that the median economic loss This loss-based approach is designed there may be changes in production that qualified as a significant economic to capture the economic impact of pest costs, such as pest control costs and loss was about 51% of net revenue. The activity as it affects the current growing harvesting costs. For situations with analysis also showed that these season, which will be sufficient for most yield losses that do not meet the thresholds collectively result in about emergency exemption applications. significant economic loss criterion for the same overall likelihood of an Although the loss-based approach Tier 1, EPA would evaluate estimates of application qualifying for a significant appears in a proposed revision to the economic loss as a percent of gross economic loss. That is, approximately definition of significant economic loss revenue in Tier 2, to determine if the the same total number of emergency at 40 CFR 166.3(h)(1), EPA is not loss meets that threshold for a requests that qualified for a significant attempting to revise the approach for significant economic loss. The economic economic loss using the current other types of losses, at the proposed 40 loss threshold in Tier 2 would be 20% approach would qualify using the CFR 166.3(h)(2). Where losses affect of gross revenue for all crops. Again, proposed loss-based approach, although more than the current growing season, this threshold in Tier 2 is set with the there would be some differences in for example long-term losses in orchard intention that losses exceeding the individual cases. crops, the Agency would continue to threshold would also meet the threshold The regulatory revisions in this make its significant economic loss in Tier 3, if the additional Tier 3 proposed rule include the quantitative determinations based on other criteria, analysis were performed. thresholds for the three tiers, presented such as changes in the net present value Tier 3: Economic loss as a percentage above, as this is EPA’s preferred of an orchard, if these losses are of net revenues. If neither yield or approach. Commenters are asked to demonstrated by the applicant. In economic losses were above the consider whether the actual thresholds situations where the simple methods of required thresholds in Tiers 1 and 2, should be included in the revised the loss-based approach would not EPA would compare impacts to net regulations, or whether more flexibility adequately reflect the likely extent of revenues. Net revenues are defined for should be preserved to refine that aspect the economic loss, EPA would still the purposes of this proposed rule as of the proposed approach in the future. attempt to determine, on a case-by-case gross revenues minus operating costs. Commenters should also consider basis, whether the pest emergency is The loss threshold in Tier 3 would be whether the levels of the proposed likely to result in a substantial loss or 50% of net revenues for all crops. Some thresholds are appropriate, and if not, impairment of capital assets, or a loss emergency conditions that would fall what the levels should be and why. that would affect the long-term financial short of the thresholds in Tiers 1 and 2 For specific emergency exemptions viability expected from the productive may qualify as a significant economic (the only ones in which significant activity. loss in Tier 3, particularly for crops with economic loss is a qualifying factor), 3. Why propose this change? This narrow profit margins (net revenues as EPA anticipates that applicants would proposed methodology for determining a percentage of gross revenues). Even if first determine whether their projected a significant economic loss is intended economic loss seems small in loss meets the Tier 1 yield loss to streamline the data and analytical comparison to gross revenues, the threshold of 40 CFR 166.3(h)(1)(i), requirements for emergency exemption situation could still be a significant analytically the least burdensome requests, and allow for quicker economic loss if the profit margin is criterion. The associated data decisions by EPA. In addition, the narrow. requirements are proposed in 40 CFR methodology is designed to reflect more EPA selected the sizes of the proposed 166.20(b)(4)(i). If the projected loss does accurately the significance of an thresholds (20%, 20%, and 50%) based not meet this threshold, EPA expects anticipated economic loss. Specifically, on average farm income and production that applicants would determine this approach makes a more direct expenses in the U.S., and an analysis of whether their projected loss meets the comparison between the losses past requests showing what results the Tier 2 gross revenue threshold of 40 anticipated owing to the emergency proposed method would provide with CFR 166.3(h)(1)(ii), providing additional situation and the yield and/or revenues various thresholds. Data on farm income data as noted in 40 CFR 166 20(b)(4)(ii). without the pest emergency, rather than in ‘‘USDA Agricultural Statistics, 2003’’ Failing to meet that threshold, a comparison to the historical range of shows that net farm income averages applicants would submit the data to profit variability. Year-to-year profit about 20% of gross revenue. Therefore, perform the analysis necessary for the variability often reflects market forces an economic loss of 20% of gross Tier 3 net revenue threshold of 40 CFR entirely unrelated to pest pressure. revenue would be sufficient to eliminate 166.3(h)(1)(iii) as given in 40 CFR Although EPA has attempted to make net farm income. A yield loss of 20% 166.20(b)(4)(iii). The three tiers allowances for crops’ differing profit results in economic loss of 20% or established in 40 CFR 166.3(h)(1)(i), (ii) variability when determining the higher. Also, since average net farm and (iii) are designed such that when an economic significance of losses under income is a little less than 50% of net emergency condition qualifies for the current approach, EPA now believes revenue, an economic loss that is 50% significant economic loss under a lower that the loss-based approach better and of net revenue would be sufficient to tier, data for higher tiers are not more directly permits EPA to evaluate eliminate net farm income. The analysis required, and the burden and cost of the significance of economic losses. of past requests indicated that the preparing the emergency exemption An analysis of past section 18 average and median economic losses application are reduced. Each requests suggests that this proposed that qualified as a significant economic successive tier builds upon the previous approach would not cause a significant loss were about 18% and 15% of gross one. That is, the information required change in the overall likelihood of a revenue, respectively. Since the first 2 for estimating a lower tier is also significant economic loss finding, tiers are screening thresholds, these necessary in estimating each higher tier. although findings may differ in thresholds were rounded up to 20% to This would allow an applicant to collect individual cases. Further, it is expected be a little more stringent, with the data, and build a case for significant to lead to savings to both applicants and intention that if a request did not pass economic loss, as needed and EPA from reduced data and analytical Tiers 1 or 2, it could qualify with Tier determined by the conditions, without burdens. Under the proposed procedure, 3. The analysis of past requests also requiring additional unnecessary data. applicants could elect to submit the

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minimum amount of data necessary to and other information supporting the quarantine exemption is stated in the demonstrate a significant economic loss discussion, which addresses all of the regulations as follows: in one of three increasingly refined tiers. following: 40 CFR 166.2(b) Quarantine exemption If the first tier is sufficient, the burden (i) Historical net and gross revenues for the A quarantine exemption may be authorized site; in an emergency condition to control the is reduced most significantly. Even in (ii) The estimated net and gross revenues the highest tier, the burden may be introduction or spread of any pest new to or for the site without the use of the proposed not theretofore known to be widely prevalent reduced relative to the current approach pesticide; and or distributed within and throughout the as the analysis focuses on the current (iii) The estimated net and gross revenues United States and its territories. year rather than historical data. Like re- for the site with use of the proposed Quarantine exemptions are not certification of emergencies, this would pesticide. directly for the purpose of, or approved save applicants time and resources in The existing regulations state that all on the basis of, averting a significant gathering data and preparing of the above information must be economic loss, although they may submissions. The Agency’s burden included ‘‘as appropriate.’’ EPA ultimately help prevent large economic would be reduced due to streamlined recognizes that each pest emergency has losses. In addition to being for the reviews. individual characteristics, and exercises control of pests that are not widely An analysis of available past requests judgement based on experience, in for emergency exemptions submitted by prevalent or distributed in the U.S., determining what information is quarantine exemptions are intended to States, including requests for which appropriate. For example, under the significant losses were not found, shows control recently-introduced, non-native current approach, the Agency typically species. In recent years such species that in many cases significant economic considers 5 years of annual data on loss can be adequately demonstrated in have come to be commonly known as historical net and gross revenues to be ‘‘invasive species.’’ Because of the a more flexible manner without loss of appropriate, and has suggested in reliability through the proposed potentially widespread and devastating guidance materials that applicants impacts of invasive species to methodology. The loss-based approach submit revenue data for the preceding 5 would require less data from applicants ecosystems, the environment, and the years. However, in some cases, such as economy, the challenge of preventing in cases that qualify under Tier 1, where a very minor or new crop for which less the same conclusion of a significant their introduction, and when necessary data are available, the Agency may rely controlling them, has garnered economic loss would be made with the on other credible information. Further, additional data and analysis under the increasing attention in recent years. EPA does not compare the emergency Although invasive species implicitly fall higher tiers. situation to the situation with the Because the proposed approach shifts within the scope of quarantine proposed pesticide, but to the situation exemptions, the now widely-recognized the focus from annual price variability without the emergency. Therefore, EPA to actual pest-related losses, while still term does not appear in the regulations, believes that the proposed approach probably because it was not widely used considering typical net revenues for the would allow applicants to focus their crop and State, it leads to more at the time 40 CFR part 166 was applications on the most ‘‘appropriate’’ consistently accurate findings of the promulgated. EPA is proposing to add information for determining whether or significance of economic losses. Under the term ‘‘invasive species’’ to 40 CFR not a significant economic loss will the current approach, producers of 166.2(b) and to 166.3(d)(3)(i), to clarify occur. that the intent of making quarantine crops that have very wide fluctuations Because the analysis of past exemptions available includes the in net revenues, even if due to price exemption requests, on which the control of invasive species. EPA also variability, may experience a large proposed approach is based, proposes to add, at 40 CFR 166.3(k), a economic loss due to non-routine pest- demonstrates that the likelihood of definition of ‘‘invasive species’’ that is related conditions, without a significant approval of some requests is not derived from that used in Executive economic loss finding by EPA under significantly changed by the loss-based Order 13112 (64 FR 6183, February 3, strict adherence to the current approach. approach, EPA believes that the current 1999). Other crops and cases may have very requirement of those additional data in little variation in historical net those cases can be improved. However, B. Updating Administrative and revenues, which could lead to a small even when annual historical data are Communication Processes economic loss being found significant not required, applicants would A number of minor revisions to 40 under the current approach. Again, the sometimes continue to utilize historical proposed approach is designed so that CFR part 166 are being proposed to data under the proposed approach, correct errors or update administrative it would not cause a significant change albeit in a different way. This is because in the overall likelihood of a significant aspects of the emergency exemption each tier requires a quantitative regulations, particularly in light of the economic loss finding, but it may threshold to be met, that is a certain change the findings in individual cases fact that FQPA was enacted since the percentage of a baseline of either crop regulations under part 166 were last so that determinations of significance yield, gross revenues, or net revenues. are more accurate, appropriate and revised. Each of these revisions is being The best approach to determine the proposed for one of the following equitable. baseline in some cases may be to use the Current regulations list certain reasons: (1) To correct typographical or average of historical data, including information that must be included, as administrative errors or inaccuracies, (2) yield and price data. appropriate, in an application for a to bring the regulations into agreement specific exemption: 40 CFR 166.20(b) VI. Proposed Minor Updates and with current requirements put in place Information required for a specific Revisions by the FQPA, or (3) to reflect exemption. An application for a specific improvements to the process that have A. Specifying Invasive Species as been identified since 40 CFR part 166 exemption shall provide all of the Targets under Quarantine Exemptions following information, as appropriate, was last revised, and that have been concerning the nature of the emergency: Current regulations describe four voluntarily practiced by applicants. (4) A discussion of the anticipated types of exemptions, one of which is a Each of these revisions would be non- significant economic loss, together with data quarantine exemption. The purpose of a substantive or reflect minor changes to

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the regulatory requirements, but all exemption, namely, that a State may registered for other uses, but not for the would correct, improve, or update the issue a crisis exemption for a food use requested use. regulations. The corrections of only where a tolerance or exemption is Next, under 40 CFR 166.20(a)(3), EPA typographical or administrative errors or already in effect, or where EPA has is proposing to add a new item and inaccuracies are self-explanatory. The provided verbal confirmation that a revise several of the others, to specify proposed revisions for the other reasons time-limited tolerance for the proposed that the conditions of use in an are discussed below. use can be established in a timely application must state the maximum Under FFDCA section 408(l)(6), as manner. It is in the best interests of number of applications, the period of amended by FQPA, EPA is required to applicants and potential users of the time for which the use is proposed, and establish time-limited tolerances, or pesticide under the crisis exemption to specify the earliest possible harvest exemptions from the requirement of a that there is some assurance that an dates of the treated crop. Such tolerance, for pesticide residues in food exemption can be established in a information is clearly necessary for both or feed resulting from uses under timely manner before use of the risk assessment and tolerance setting, emergency exemptions. The current pesticide begins. EPA also proposes that and in those rare occasions where it is regulations predate FQPA and therefore all crisis exemptions be conditioned not apparent from the application, EPA do not reflect this requirement. Four upon EPA confirming that it has no must contact the applicant to obtain the revisions are being proposed to bring 40 other risk-based objection to the use of information. Expressly requiring this CFR part 166 into agreement with the pesticide under the crisis information in 40 CFR 166.20(a)(3) current practices as required by the provisions. would expedite review of applications FFDCA. Inasmuch as section 408(l)(6) The fourth proposed change, which and allow tolerances to be established in applies to all food-use emergency arises because EPA now establishes a timely fashion. exemptions, regardless of whether its formal tolerances under FQPA, is to Additionally, EPA is proposing that requirements are reflected in 40 CFR remove the requirement under 40 CFR 40 CFR 166.20(a)(9) be revised to part 166, these proposed changes to 40 166.30(b) and 40 CFR 166.47 to directly specify that in addition to the registrant CFR part 166 do not substantively notify the U.S. Food and Drug or manufacturer being notified of the change the applicable law. For ease of Administration (FDA), the U.S. application submission, the application discussion, below, ‘‘tolerance’’ is used Department of Agriculture (USDA), and must also include a statement of support to refer to a tolerance or exemption from the State health officials. The purpose of from the registrant or manufacturer, and the requirement of a tolerance. this requirement was to notify these the expectation that supplies of the First, EPA proposes to amend 40 CFR agencies of levels of pesticides that may requested material will be adequate to 166.3(e) to revise the definition of ‘‘first occur in food and feed items as a result meet the needs under the proposed food use,’’ which reads ‘‘The term first of an emergency exemption use. emergency use. food use refers to the use of a pesticide However, with the requirement that The existing regulations establish a on a food or in a manner which time-limited tolerances be established in measure of whether adequate progress otherwise would be expected to result accordance with FFDCA section toward the registration of a requested in residues in a food, if no permanent 408(l)(6), such levels are published in use is being made. Existing regulations tolerance, exemption from the the Federal Register, as well as the 40 suggest that the lack of a request for requirement of a tolerance, or food CFR part 180, and detailed background registration, within 3 years of an additive regulation for residues of the is given regarding safety of these emergency exemption first being pesticide on any food has been tolerances. Therefore, notifying the requested for the use, suggests that established for the pesticide under other regulatory organizations (FDA, adequate progress is not being made. section 408(d) or (e) or 409 of the USDA, and State health officials) on an EPA proposes to revise 40 CFR Federal Food, Drug, and Cosmetic Act.’’ individual basis is considered 166.24(a)(6)(i) and 40 CFR EPA is proposing to change this redundant to the Federal Register notice 166.25(b)(2)(ii) to relax this definition by removing the word and incorporation of the regulatory presumption for repeat emergency ‘‘permanent,’’ so that the establishment decision in the appropriate section of 40 exemption applications for uses being of any tolerance, including a time- CFR part 180. supported by the Interregional Research limited tolerance, would be considered Several proposed revisions are to Project No. 4 (IR-4). The IR-4 program is when determining whether a use was codify minor improvements to the a cooperative effort of the state land the first food use, and by removing the process that have been identified since grant universities, USDA and EPA, to reference to ‘‘food additive regulation,’’ the current regulations became effective. address the chronic shortage of pest because, owing to the FQPA Applicants have been generally control options for minor crops. amendments, EPA no longer issues food following these practices, in most cases Generally, the crop protection industry additive regulations. for several years, and EPA believes that lacks economic incentive to pursue Second, under 40 CFR 166.25, Agency the public will generally agree that these registrations on minor crops because of review, the regulations state that the are improvements to the regulatory low acreage. IR-4 generates and supplies review enables EPA to make a requirements. First, under 40 CFR research data needed by EPA in order to determination with respect to several 166.20, Application for a specific, register compounds for use on minor items, including in 40 CFR 166.25(a)(2) quarantine, or public health exemption, crops. Owing to the limited pest control the level of residues in or on all food EPA is proposing to revise 40 CFR options available for minor use crops, resulting from the proposed use. The 166.20(a)(2)(i)(A) so that an application the significance of the need evidenced proposed revision would add to this list must include a copy of the registered by IR-4 action, and the limits on IR-4 the establishment of a time-limited label(s) if a specific pesticide product(s) resources, EPA believes that a somewhat tolerance for such residues, where is/are requested, instead of the current slower rate of progress towards necessary. requirement to include the registration registration should be accepted for The third proposed revision made number and name of the product. This emergency exemptions for uses being necessary by FQPA is to add, under 40 is practical because emergency supported by the IR-4 program. CFR 166.40, an additional limitation to exemption requests are generally for Accordingly, EPA is proposing that 40 the authority of a State to issue a crisis pesticide products that are already CFR 166.24(a)(6)(i) and 40 CFR

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166.25(b)(2)(ii) be revised so that the quickly as possible, thereby often service fee system for applications for presumption against adequate progress allowing use of the crisis exemption in pesticide registration and amended toward registration of repeat emergency less than 36 hours. The Agency registration. Under this new system, fees exemptions for uses being supported by recognizes that speed is important for will be charged for new applications for the IR-4 program would begin after 5 all crisis exemptions, and that certain registration received on or after the years, 2 years more than allowed for situations may be particularly urgent, effective date of the statute (March 23, uses supported by the registrant. For including, but not necessarily limited 2004) and EPA is required to make a such major crop uses, the 3–year to, national security threats and some decision on the application within presumption in the current regulations requests under USDA’s Animal and prescribed decision timeframes. Under would remain in effect. Plant Health Inspection Service PRIA, EPA will eliminate its backlog of EPA is proposing that 40 CFR quarantine program. registration actions and make more 166.30(a)(1) be revised to reflect that To clarify necessary information for a timely decisions. This will accelerate EPA will not process incomplete crisis exemption, EPA is proposing that the registration of many products that applications, and that action on such 40 CFR 166.43(b)(1) and (b)(4), be will be beneficial to resistance submissions will be halted until revised to specify submission of the management, including reduced risk required additional information is registered label(s) for the pesticide products. EPA’s reduced risk process submitted. product(s) proposed for crisis use, as considers resistance management as an EPA is proposing to clarify 40 CFR well as proposed use directions specific important factor. New products that 166.32(b) to ensure that applicants to the crisis use, and the timeframe for would address significant resistance submit interim use reports for anticipated use, including end date. management needs would reach the exemptions if requesting a repeated To bring the reporting requirements market sooner, thereby providing a emergency exemption prior to the due for crisis exemption requests into strong incentive to registrants to date of the final report. agreement with those for specific, incorporate resistance management in EPA proposes clarifying the authority quarantine, and public health their registration submissions. of an applicant to issue a crisis exemption requests, EPA is proposing In addition, EPA will continue to exemption by specifying in 40 CFR that 40 CFR 166.49(a)(1) through (a)(4) promote the implementation of its 166.40(a) that crisis exemptions are to be revised and 40 CFR 166.49(a)(5) voluntary resistance management be used only for unpredictable deleted, to clarify information labeling guidelines based on rotation of emergency conditions. This proposed requirements, such as applicant, mode of action described in Pesticide change is strictly for purposes of product used, site treated, and contact Registration Notice 2001-5 (PR Notice clarification, as the term information. 2001-5). These guidelines are part of a ‘‘unpredictable’’ already appears in the North American Free Trade Agreement introductory language of 40 CFR 166.40, VII. EPA Plans for Resistance (NAFTA) effort to harmonize resistance and does not represent any intention by Management and Endangered Species management guidelines. The Agency EPA to change the circumstances that Considerations supports incorporating resistance are acceptable for crisis exemptions. A. Revised Plans for Addressing management considerations into EPA is proposing that 40 CFR Resistance Management pesticide labeling (i.e., PR Notice 2001- 166.43(a)(1) be revised to improve the 5), resistance management education notification process for crisis The EPA-USDA Committee to Advise programs, crop management and exemptions, reflect the standard on Reassessment and Transition stewardship programs, and outreach practice of the state agencies, and (CARAT) is a diverse group of efforts with stakeholders. EPA will provide for advance notice so that EPA stakeholders formed to make continue working with stakeholder may make a determination of whether a recommendations to EPA and USDA groups on sustainable resistance tolerance may be supported in regarding strategic approaches for pest management strategies that protect accordance with FFDCA section 408 management planning, transition to human health and the environment requirements. EPA is proposing that 40 safer pesticides for agriculture, and including the various Resistance Action CFR 166.43(a)(1) be revised to require tolerance reassessment for pesticides. In Committees (RACs), registrants, advance notification for crisis October 2003, CARAT provided draft consultants, academia, USDA, States, exemptions by applicants. The state’s recommendations, including one that and public interest groups. authority to exercise the crisis ‘‘EPA and USDA need to recognize that exemption would be stayed for up to 36 any transition program has to consider B. Protections for Endangered Species hours pending verbal confirmation by efficacy, economics, resistance Like all federal agencies, EPA must EPA that a tolerance can be established management, and impact on non- comply with the requirements of the in a timely manner and that the Agency targets.’’ EPA agrees with the CARAT on Endangered Species Act (ESA), which has no other risk-based objections. This the importance of resistance requires that an agency ensure, in would replace the currently ambiguous management and is exploring how to consultation with the U.S. Fish and requirement that notification must be use its regulatory and non-regulatory Wildlife Service (FWS) and the National made at least 36 hours in advance, or no initiatives to support and facilitate Marine Fisheries Service (NMFS) later than 24 hours after the decision of effective resistance management. (jointly referred to as ‘‘the Services’’), a State to avail itself of a crisis Although the April 2003 Federal that its actions are not likely to exemption. Notification after the crisis Register Notice indicated that EPA was jeopardize the continued existence of has been declared does not allow EPA considering addressing resistance threatened or endangered (listed) to evaluate whether a crisis use can be management in this proposed rule, EPA species or destroy or adversely modify supported with a section 408 safety now plans to pursue opportunities to their critical habitat. This requirement finding, or whether other potential risks address pest resistance management as applies, among others, to EPA actions are unacceptable, before use of the it implements the Pesticide Registration approving emergency exemptions under pesticide begins. In any case, EPA Improvement Act (PRIA) enacted FIFRA section 18. Under current ESA would continue to provide the January 23, 2004. This Act requires the consultation regulations, an agency necessary verbal confirmations as Agency to establish a registration must consult with FWS and NMFS if an

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action ‘‘may affect’’ a listed species or threatened species. EPA also plans direct impacts on any other sector of the its critical habitat. through its reevaluation, to refocus and economy. FWS and NMFS, in collaboration with possibly increase consideration of these The only significant impacts expected EPA and USDA, have developed a impacts in its decision process for would be burden reductions to States counterpart regulation (69 FR 48115, exemption requests, including any need and Federal agencies in the application August 6, 2004), that would make the to consult with USFWS and NMFS. process for emergency exemptions, and process of consultation about EPA to EPA in the review process, as well as actions involving pesticides more VIII. FIFRA Review Requirements quicker responses to emergency efficient, effective, and timely, thereby In accordance with FIFRA section conditions. As detailed in the economic strengthening the protections for 25(a), this proposed rule was submitted analysis prepared for this proposed rule, endangered and threatened species. As to the FIFRA Science Advisory Panel based on predicted future applications part of the work supporting the (SAP), the Secretary of Agriculture affected by the proposed revisions, EPA counterpart rule, the Services and EPA (USDA), and appropriate Congressional estimates the annual combined savings reviewed the Agency’s approach to the Committees. The SAP has waived its for applicants and EPA of around $0.94 assessment of potential risks to listed review of this proposed rule, and no million, a little over $0.6 million from species resulting from pesticide use. A comments were received from any of the re-certification, and about $0.33 million January 26, 2004, letter from the Congressional Committees or USDA. from changing to the loss-based method Services to EPA includes a quote stating of determining significant economic that EPA’s approach to ecological risk IX. Statutory and Executive Order loss. assessment ‘‘will produce effects Reviews B. Paperwork Reduction Act determinations that reliably assess the A. Executive Order 12866 effects of pesticides on . . . listed species This action does not impose any new Pursuant to Executive Order 12866, and critical habitat pursuant to the ESA information collection burden that entitled Regulatory Planning and and implementing regulations.’’ That would require additional approval by Review (58 FR 51735, October 4, 1993), letter is in the public docket for this OMB under the Paperwork Reduction proposed rule, and interested parties the Office of Management and Budget Act (PRA), 44 U.S.C. 3501 et seq. This may access it by following the (OMB) has designated this proposed proposed rule is expected to reduce the rule as a ‘‘significant regulatory action’’ instructions under ADDRESSES. existing burden that is approved under As a result of the Services’ review of under section 3(f) of the Executive OMB Control No. 2070–0032 (EPA ICR the Agency’s ecological risk assessment Order because it may raise novel legal No. 596), which covers the information methodology, EPA intends to look more or policy issues arising out of legal collection activities contained in the closely at potential risks of pesticide use mandates, the President’s priorities, or existing regulations at 40 CFR part 166, in connection with decisions on the principles set forth in the Executive and under the pilot program announced requests for emergency exemptions. Order. This action was therefore April 23, 2003 (68 FR 20145). A copy of EPA currently requires, under 40 CFR submitted to OMB for review under this the OMB approved Information 166.20(a)(7), information to be included Executive Order, and any changes to Collection Request (ICR) has been in applications for emergency this document made at the suggestion of placed in the public docket for this exemption that addresses potential risks OMB have been documented in the rulemaking, and the Agency’s estimated of the requested use to endangered and public docket for this rulemaking. burden reduction is presented in the threatened species. Although EPA, In addition, EPA has prepared an economic analysis that has been under existing requirements, routinely economic analysis of the potential prepared for this proposed rule. considers the impacts of emergency regulatory impacts of this proposed Under the PRA, ‘‘burden’’ means the exemptions on endangered and action on those affected, which is total time, effort, or financial resources threatened species, the Agency seeks to contained in a document entitled expended by persons to generate, improve the guidance it gives to Economic Analysis of the Proposed maintain, retain, or disclose or provide applicants concerning data on Pesticides Emergency Exemption information to or for a Federal agency. endangered and threatened species. EPA Process Revisions. A copy of this This includes the time needed to review will need to rely on States and federal Economic Analysis is available in the instructions; develop, acquire, install, agencies to supply information as part public docket for this action and is and utilize technology and systems for of their requests for emergency briefly summarized here. the purposes of collecting, validating, exemptions that will enable EPA to EPA is considering these and verifying information, processing assess the potential impacts on listed improvements in an effort to reduce the and maintaining information, and species and critical habitat of pesticide burden to both the applicants and EPA, disclosing and providing information; use under the proposed exemption. EPA and to allow for quicker decisions by adjust the existing ways to comply with also plans to work with the Association the Agency, while maintaining health any previously applicable instructions of American Pest Control Officials and safety requirements. As such, this and requirements; train personnel to be (AAPCO) and with individual States, as proposed action is not expected to cause able to respond to a collection of the primary applicants for emergency any significant adverse economic information; search data sources; exemptions, to improve the quality of impacts if implemented as proposed. complete and review the collection of their submissions as they try to frame This proposed action would only information; and transmit or otherwise the potential impact of a requested potentially affect Federal, State, or disclose the information. pesticide use on endangered and Territorial government agencies that can An agency may not conduct or threatened species. EPA believes these petition EPA for an emergency use sponsor, and a person is not required to measures fall within existing authorization under FIFRA section 18. It respond to an information collection requirements but should increase the would therefore have no direct impacts request unless it displays a currently availability of essential information on local governments, small entities, valid OMB control number. The OMB needed to make a timely and pesticide producers or on government control numbers for EPA’s regulations substantive determination of the entities that may be registrants of in 40 CFR, after appearing in the potential impact to endangered and pesticide products, and would have no preamble of the final rule, are listed in

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40 CFR part 9 and included on any on the states, on the relationship I. National Technology Transfer and related collection instrument (e.g., form between the national government and Advancement Act or survey). the states, or on the distribution of Section 12(d) of the National Submit any comments on the power and responsibilities among the Technology Transfer and Advancement Agency’s need for this information, the various levels of government, as Act of 1995 (NTTAA), (15 U.S.C. 272 accuracy of the provided burden specified in the Order. As indicated note) directs EPA to use voluntary estimates, and any suggested methods above, this proposed rule is expected to consensus standards in its regulatory for minimizing respondent burden, reduce burden on Federal and State activities unless to do so would be including the use of automated government agencies that petition EPA inconsistent with applicable law or collection techniques, along with your under FIFRA section 18, and on EPA in impractical. Voluntary consensus comments on the proposed rule. The processing the applications. Thus, standards are technical standards (e.g., Agency will consider any comments Executive Order 13132 does not apply materials specifications, test methods, related to the information collection to this proposed rule. In the spirit of the and sampling procedures) that are requirements contained in this proposed Order, and consistent with EPA policy developed or adopted by voluntary rule as it develops a final rule. Any to promote communications between consensus standards bodies. This changes to the burden estimate for the the Agency and State governments, EPA proposed rule does not impose any ICR will be effectuated with the final has specifically solicited comment from technical standards that would require rule. State officials. EPA to consider any voluntary C. Regulatory Flexibility Act F. Executive Order 13175 consensus standards. Pursuant to section 605(b) of the As required by Executive Order J. Executive Order 12898 Regulatory Flexibility Act (RFA), 5 13175, entitled Consultation and U.S.C. 601 et seq., the Agency hereby This proposed rule does not have an Coordination with Indian Tribal certifies that this proposed rule will not adverse impact on the environmental Governments (65 FR 67249, November have a significant adverse economic and health conditions in low-income 6, 2000), EPA has determined that this impact on a substantial number of small and minority communities. Therefore, proposed rule does not have tribal entities. This action will only directly under Executive Order 12898, entitled implications because it will not have impact State and Federal agencies, Federal Actions to Address any affect on tribal governments, on the neither of which qualify as a small Environmental Justice in Minority relationship between the Federal entity under the RFA. This proposed Populations and Low-Income government and the Indian tribes, or on rule does not have any direct adverse Populations (59 FR 7629, February 16, the distribution of power and impacts on small businesses, small non- 1994), the Agency has not considered responsibilities between the Federal profit organizations, or small local environmental justice-related issues. government and Indian tribes, as governments. Section 18 only applies to specified in the Order. As indicated List of Subjects in 40 CFR Part 166 Federal and State governments. above, this proposed rule only applies Environmental protection, Emergency D. Unfunded Mandates Reform Act to State and Federal government exemptions, Pesticides and pests. Under Title II of the Unfunded agencies. FIFRA section 18 does not Mandates Reform Act of 1995 (UMRA) apply to tribal governments. Thus, Dated: August 25, 2004. (Public Law 104–4), EPA has Executive Order 13175 does not apply Michael O. Leavitt, determined that this action does not to this proposed rule. Administrator. contain a Federal mandate that may G. Executive Order 13211 Therefore, it is proposed that 40 CFR result in expenditures of $100 million or chapter I be amended as follows: more for State, local, and tribal This proposed rule is not subject to governments, in the aggregate, or the Executive Order 13211, Actions PART 166—[AMENDED] private sector in any 1 year. This Concerning Regulations that proposed rule only applies to Federal Significantly Affect Energy Supply, 1. The authority citation for part 166 and State government agencies, the only Distribution, or Use (66 FR 28355, May would continue to read as follows: entities that can petition the EPA under 22, 2001) because it is not designated as Authority: 7 U.S.C. 136–136y. FIFRA section 18. As described in Unit an ‘‘economically significant’’ IX.A., this proposed rule is expected to regulatory action as defined by 2. Section 166.2 is amended by result in an overall reduction of existing Executive Order 12866 (see Unit XI.A.), revising paragraph (b) to read as follows: costs for applicants and EPA of around nor is it likely to have any significant § 166.2 Types of exemptions. adverse effect on the supply, $0.94 million. As such, this action will * * * * * not impact local or tribal governments distribution, or use of energy. (b) Quarantine exemption. A or the private sector, and will not H. Executive Order 13045 quarantine exemption may be significantly or uniquely affect small authorized in an emergency condition to governments. Accordingly, this rule is Executive Order 13045, entitled control the introduction or spread of not subject to the requirements of Protection of Children from any pest that is an invasive species, or sections 202, 203, 204, and 205 of Environmental Health Risks and Safety is otherwise new to or not theretofore UMRA. Risks (62 FR 19885, April 23, 1997) does not apply to this proposed rule because known to be widely prevalent or E. Executive Order 13132 this action is not designated as an distributed within and throughout the Pursuant to Executive Order 13132, ‘‘economically significant’’ regulatory United States and its territories. entitled Federalism (64 FR 43255, action as defined by Executive Order * * * * * August 10, 1999), EPA has determined 12866 (see Unit XI.A.), nor does it 3. Section 166.3 is amended by that this proposed rule does not have establish an environmental standard, or revising paragraphs (a), (d)(3)(i), (e), (h), ‘‘federalism implications,’’ because it otherwise have a disproportionate effect and adding paragraphs (k) and (l) to will not have substantial direct effects on children. read as follows:

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§ 166.3 Definitions. for registration by the crop protection (ii) The information in paragraph * * * * * industry. (b)(4)(i) of this section plus prices (a) The term the Act means the 4. Section 166.20 is amended by reasonably anticipated in the absence of Federal Insecticide, Fungicide, and revising paragraphs (a)(2)(i)(A), (a)(3), the emergency and changes in prices Rodenticide Act, as amended, 7 U.S.C. (a)(9), (b)(4), and adding paragraph and/or production costs due to the 136 et seq. (b)(5) to read as follows: emergency; * * * * * (iii) The information in paragraph § 166.20 Application for a specific, (b)(4)(ii) of this section plus operating (d)*** quarantine, or public health exemption. (3)*** costs reasonably anticipated in the (i) Involves the introduction or (a)*** absence of the emergency; dissemination of an invasive species or (2)*** (iv) Any other information explaining a pest new to or not theretofore known (i)*** the economic consequences of the to be widely prevalent or distributed (A) A copy of the label(s) if a specific emergency. within or throughout the United States product(s) is/are requested; or the (5) Re-certification of an emergency and its territories; or formulation(s) requested if a specific condition. Applicants for specific product is not desired; and exemptions for which the emergency * * * * * (e) The term first food use refers to the * * * * * condition could reasonably be expected use of a pesticide on a food or in a (3) Desciption of the proposed use. to continue for longer than 1 year, and manner which otherwise would be The application shall identify all of the for which the exemption was granted for expected to result in residues in a food, following: the same pesticide at the same site to if no tolerance or exemption from the (i) Sites to be treated, including their the same applicant the previous year, requirement of a tolerance for residues locations within the State; but no more than twice, may submit less of the pesticide on any food has been (ii) The method of application; information by basing such application established for the pesticide under (iii) The rate of application in terms on previously submitted information. section 408(b)(2) and (c)(2) of the of active ingredient and product; For applications for such exemptions, Federal Food, Drug, and Cosmetic Act. (iv) The maximum number of except for applications subject to public applications; notice pursuant to § 166.24(a)(1) * * * * * (v) The total acreage or other through (a)(5), the information (h) The term significant economic loss appropriate unit proposed to be treated; requirements of paragraphs (a)(1) means that, compared to the situation (vi) The total amount of pesticide through (a)(10) of this section, and of without the pest emergency and despite proposed to be used in terms of both paragraphs (b)(1) through (b)(4) of this the best efforts of the affected persons, active ingredient and product; section, shall not apply where the the emergency conditions at the specific (vii) All applicable restrictions and applicant certifies that all of the use site identified in the application are requirements concerning the proposed following are true: reasonably expected to cause losses use which may not appear on labeling; (i) The emergency condition meeting any of the following criteria: (viii) The duration of the proposed described in the preceding year’s (1) For pest activity that primarily use; and application continues to exist; affects the current crop, one or more of (ix) Earliest possible harvest dates. (ii) Except as expressly identified, all the following: information submitted in the preceding (i) Crop yield loss greater than or * * * * * (9) Acknowledgment by registrant. year’s application is still accurate; equal to 20%; (iii) Except as expressly identified, the The application shall contain a (ii) Economic loss, including revenue proposed conditions of use are identical statement by the registrants of all losses and cost increases, greater than or to the conditions of use EPA approved pesticide products proposed for use equal to 20% of gross revenues; for the preceding year; acknowledging that a request has been (iii) Economic loss, including revenue (iv) Any conditions or limitations on made to the Agency for use of the losses and cost increases, greater than or the eligibility for re-certification pesticide under this section. This equal to 50% of net revenues; identified in the preceding year’s notice acknowledgment shall include a (2) For all other pest activity, of approval of the emergency exemption statement of support for the requested substantial loss or impairment of capital have been satisfied. assets, or a loss that would affect the use, including the expected availability long-term financial viability expected of adequate quantities of the requested * * * * * 5. Section 166.24 is amended by from the productive activity. product under the use scenario revising the introductory text of * * * * * proposed by the applicant(s); and the status of the registration in regard to the paragraph (a) and (a)(6)(i) to read as (k) The term invasive species means, follows: with respect to a particular ecosystem, requested use including appropriate any species that is not native to that petition numbers, or of the registrant’s § 166.24 Public notice of receipt of ecosystem, and whose introduction does intentions regarding the registration of application and opportunity for public or is likely to cause economic or the use. comment. environmental harm or harm to human * * * * * (a) Publication requirement. The health. (b)*** Administrator shall issue a notice of (l) The term IR-4 program refers to the (4) A discussion of the anticipated receipt in the Federal Register for a Interregional Research Project No. 4, significant economic loss, together with specific, quarantine, or public health which is a cooperative effort of the state data and other information supporting exemption and request public comment land grant universities, the U.S. the discussion, that addresses one or when any one of the following criteria Department of Agriculture (USDA) and more of the following, as appropriate: is met: EPA, to address the chronic shortage of (i) Crop yield or utilized yield * * * * * pest control options for minor crops, reasonably anticipated in the absence of (6)*** which are generally of too small an the emergency and expected losses in (i) An emergency exemption has been acreage to provide economic incentive quantity due to the emergency; requested or approved for that use in

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any 3 previous years, or any 5 previous § 166.32 Reporting and recordkeeping utilization of the crisis provisions. EPA years if the use is supported by the IR- requirements for specific, quarantine, and will attempt to provide such 4 program, and public health exemptions. confirmation as quickly as possible, but * * * * * * * * * * shall notify the applicant of its 6. Section 166.25 is amended by (b) Interim and final reports. A final determination within 36 hours. revising paragraphs (a)(2), (a)(4), and report summarizing the results of * * * * * pesticide use under any specific, (b)(2)(ii) to read as follows: (b) Contents of notice. Information quarantine, or public health exemption required to be provided in notices shall § 166.25 Agency review. must be submitted to the Agency within include all of the following: (a)*** 6 months from the expiration of the exemption unless otherwise specified (1) The name of the product and (2) The Agency’s ability and intention active ingredient authorized for use, to establish a time-limited tolerance(s) by the Agency. For quarantine exemptions granted for longer than 1 along with the common name and CAS or exemption(s) from the requirement of number if available, including a copy of a tolerance for any pesticide residues year, interim reports must be submitted annually. When an application for the EPA registered label and use resulting from the authorized use, directions appropriate to the authorized identifying the level of permissible renewal of the exemption is submitted before the expiration of the exemption use; residues in or on food or feed resulting (2) The site on which the pesticide is from the proposed use; or before submission of the final report, an interim report must be submitted to be used or is being used; * * * * * (3) The use pattern; (4) The potential risks to human with the application. The information in interim and final reports shall include (4) The date on which the pesticide health, endangered or threatened use is to begin and the date when the species, beneficial organisms, and the all of the following: * * * * * use will end; environment from the proposed use. (5) An estimate of the level of residues (b)*** 9. Section 166.40 is amended by revising paragraph (a), removing the of the pesticide expected to result from (2)*** use under the crisis exemption; (ii) The progress which has been period at the end of paragraph (b) and (6) Earliest anticipated harvest date of made toward registration of the adding a semi-colon and the word the treated commodity; proposed use, if a repeated specific or ‘‘and’’ at the end of paragraph (b), and public health exemption is sought. It adding paragraph (c) to read as follows: (7) Description of the emergency situation; and shall be presumed that if a complete § 166.40 Authorization. application for registration of a use, (8) Any other pertinent information * * * * * available at the time. which has been under a specific or (a) An unpredictable emergency public health exemption for any 3 condition exists; § 166.47—[Removed] previous years, or any 5 previous years if the use is supported for registration by * * * * * (c) EPA has provided verbal 11. Section 166.47 is removed. the IR-4 program, has not been confirmation that, for food uses, a 12. Section 166.49 is amended by submitted, reasonable progress towards tolerance or exemption from the revising paragraph (a) to read as follows: registration has not been made. requirement of a tolerance can be 7. Section 166.30 is amended by §166.49 Public notice of crisis established in a timely manner, revising paragraph (a)(1), removing exemptions. responsive to the projected timeframe of paragraph (b), and redesignating use of the chemical and harvest of the (a) Periodic notices. At least quarterly, existing paragraph (c) as paragraph (b). commodity, and that, for any use, the the Administrator shall issue a notice in Agency has no other risk-based the Federal Register announcing § 166.30 Notice of Agency decision. issuance of crisis exemptions. The (a)*** objection. 10. Section 166.43 is amended by notice shall contain all of the following: (1) Incomplete applications. The (1) The name of the applicant; Agency may discontinue the processing revising paragraphs (a)(1) and (b) to read as follows: (2) The pesticide authorized for use; of any application that does not address (3) The crop or site to be treated; and all of the requirements of § 166.20 until § 166.43 Notice to EPA and registrants or (4) The name, address, and telephone such time the additional information is basic manufacturers. number of a person in the Agency who submitted by the applicant. (a)*** (1) The State or Federal can provide further information. * * * * * Agency issuing the crisis exemption * * * * * 8. Section 166.32 is amended by must notify the Administrator, and revising the introductory text of receive verbal confirmation from EPA [FR Doc. 04–20038 Filed 9–2–04; 8:45 am] paragraph (b) to read as follows: required in § 166.40(c), in advance of BILLING CODE 6560–50–S

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Notices Federal Register Vol. 69, No. 171

Friday, September 3, 2004

This section of the FEDERAL REGISTER Paperwork Reduction Act address those claims. The program is contains documents other than rules or Section 217 of the 2003 Act (Pub. L. limited to farmers in that area and for proposed rules that are applicable to the their losses and related expenses due to public. Notices of hearings and investigations, 108–7) requires that this program be administered without regard to 44 the July, 2002, applications. No other committee meetings, agency decisions and claims will be allowed. Allowance of rulings, delegations of authority, filing of U.S.C. 35, the Paperwork Reduction Act petitions and applications and agency (PRA) and exempts this action from claims is not intended to be, and is not, statements of organization and functions are notice and comment requirements that an admission of fact or liability on the examples of documents appearing in this might otherwise apply. This means the part of anyone, but is intended to carry section. information to be collected from the out the program as required by the 2003 public to implement this program and Act, based on the claims of the the burden, in time and money, the producers and the assessment of New DEPARTMENT OF AGRICULTURE collection of the information would Mexico State University (NMSU), which will help collect and assess the Commodity Credit Corporation have on the public does not need to be approved by the Office of Management information. Assistance will be and Budget nor is it subject to the 60- provided to affected producers in Notice of Funds Availability: proportion to the losses incurred. No Tebuthiuron Application Losses— day public comment period required by the PRA. claims will be paid except upon the Additional Assistance for Producers in making of a proper application during New Mexico Background the application period as announced in this notice. All claims are subject to the AGENCY: Commodity Credit Corporation, This notice provides NMTP terms and USDA. conditions and informs affected parties availability of funds. Funding is limited that they may be eligible for additional to the $414,614, which are the funds ACTION: Notice. benefits. Section 210 of the 2003 Act, as remaining from the 2003 Act. Each amended by Public Law 108–11, producer must file a claim on a form SUMMARY: The Commodity Credit provides that the Secretary shall use not developed by FSA and provide Corporation (CCC) is issuing this notice more than $1,650,000 of Commodity supporting documentation for 2004 to inform interested parties that Credit Corporation funds to reimburse losses. Losses must have occurred prior additional payments are available under agricultural producers on farms located to the filing of the application. They the 2003 New Mexico Tebuthiuron in the vicinity of Malaga, New Mexico, must not have been previously Program (NMTP). The Agricultural for all losses to crops and related compensated under this program. Assistance Act of 2003 (the 2003 Act) expenses incurred as the result of the Applications must be submitted by the required the Secretary to reimburse application by the Federal Government program application deadline, which certain agricultural producers on farms of Tebuthiuron on land on or near the will be 30 days after the publication of in New Mexico for losses claimed in farms of the producers during July 2002. this notice in the Federal Register, relation to the application by the An amount of $414,614 remains. The unless extended. Once the money is Federal Government of the herbicide agency will disburse this remaining expended, all other claims must be Tebuthiuron on land on or near the amount to eligible producers that rejected. The final determinations in farms of the producers during July 2002. suffered losses from Tebuthiuron during this matter will be made by the FSA A Notice was published on July 8, 2003 the 2004 crop year. Deputy Administrator for Farm announcing the terms of the program Tebuthiuron is a commercially Programs (Deputy Administrator). (68 FR 40619). This notice is to inform available herbicide that is used to Should funds still remain after this new producers that remaining funds from control broadleaf weeds, grasses, and round is completed, producers who file this program are available to those brush. It can be toxic to many plants in this round may, in the period producers who suffered crops losses in and can kill trees, shrubs and other September 1–10, 2005, petition the 2004 from the lingering residue of desirable plants with roots extending Deputy Administrator for additional Tebuthiuron. into treated areas. payments. DATES: The Farm Service Agency (FSA) Tebuthiuron has been used in the past New Mexico Tebuthiuron Program will accept applications from September by Federal agencies, such as the Forest 3, 2004, through October 4, 2004. Service and Natural Resources I. How To Apply Conservation Service (NRCS) of USDA, (A) Producers must submit the FOR FURTHER INFORMATION CONTACT: and the Bureau of Land Management Eloise Taylor, Chief, Compliance following to FSA: (BLM) of the Department of Interior, in (1) Application for benefits; Branch, FSA/PECD, 1400 Independence drug crop eradication efforts and to (2) Certification from a qualified crop Ave., SW., Washington, DC 20250–0517, control brush and weeds on public consultant or New Mexico Department (202) 720–9882, or e-mail at: _ lands. Producers have claimed that of Agriculture soil test, that supports the Eloise [email protected]. Persons Tebuthiuron use by the Federal producer’s contention that the acreage with disabilities who require alternative Government and by a private landowner claimed to have been damaged was means of communication (Braille, large on July 8, 10, and 12, 2002, caused caused by the July, 2002, Tebuthiuron print, audiotape, etc.) should contact water drawn from the Black River to be applications; and USDA’s TARGET Center at (202) 720– tainted, causing losses to crops and (3) Verifiable or reliable production 2600 (voice and TDD). livestock in the vicinity of Malaga, New records for 2004 for the crop and farm, SUPPLEMENTARY INFORMATION: Mexico. The 2003 Act provided funds to including, as applicable, commercial

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receipts, settlement sheets, warehouse program application or otherwise provisions of the Noninsured Crop ledgers, load summaries, or appraisal imposed by the Deputy Administrator. Disaster Assistance Program at 7 CFR information from a loss adjuster 1437, subpart B. Verifiable or reliable IV. Eligibility Determinations acceptable to CCC. In the absence of production evidence acceptable to the such records, CCC may assign Eligibility determinations will be Deputy Administrator may be used to production. made by the Deputy Administrator upon establish the farms APH. (4) Records for any production of a receipt of all of the necessary data and (C) NMTP payments to producers crop that is grown with an arrangement the report of eligible claims timely under this notice for losses to crops or contract for guaranteed payment. submitted. Subject to the continued shall be based on an amount determined Failure to report any applicable availability of funds, eligible losses are by multiplying the eligible loss of guaranteed contract or similar only those (1) claimed as a direct result production for the farm by the agreement shall be considered as from the Federal Government’s use of applicable payment rate. The payment providing false information to CCC, will Tebuthiuron in the vicinity of Malaga, rate will be based on the 2004 render producers ineligible for NMTP New Mexico; (2) incurred before the established Risk Management Agency payments, and may lead to other civil or filing of the producer’s application; and (RMA) price for local, applicable criminal sanctions. (3) not previously paid under the NMTP insured crops, or the 1999–2003 (5) For applicable prevented planting program provided for in the Federal Olympic average for local, applicable claims for 2004, a certification by a Register notice published July 8, 2003. noninsured crops, as determined by the qualified crop consultant that supports All three criteria must also be met. All Deputy Administrator. Prices will be the producer’s claim that a crop could other applicable criteria must also be established by the Deputy not be taken to maturity because of the met. Payments are subject to the Administrator, using supporting data presence of Tebuthiuron. Prevented availability of funds. Claims are subject from RMA, NASS, or other available planted acreage shall be limited to the to proration if the claims of all sources. Grazing losses will be based on acres of the crop planted in 2002. Late- applicants filing in the 2004 application the loss of forage value. filed acreage reports can be submitted period set out in this notice exceed the (D) Attorney’s fees may be claimed for according to 7 CFR 1480.16. remaining available funding ($414,614) representation resulting from eligible (6) Other information needed to verify provided in this notice or any other losses due to the application of the amount of the claim, including but level as restricted by law. Proration Tebuthiuron if the attorney certifies in not limited to information relating to shall be on the basis described a manner acceptable to the Deputy acres planted, actual yields, actual elsewhere in this notice. The Deputy Administrator that representation was production history, replanting expenses, Administrator shall determine the level provided to a farmer. A written legal fees, livestock records and of proof needed to substantiate a claim agreement of the terms and conditions associated matters as determined for purposes of payment. must be provided along with the necessary by CCC or as offered by the V. Payment Calculations amount (by formula or dollar amount) as producer in support of the claim. certified by the producer and attorney Subject to all the other conditions of II. References and Payment Limitations for which the producer is currently this notice or conditions of the obligated or will be obligated to the (A) ‘‘Deputy Administrator’’ in this application, and subject to the attorney upon receipt of the NMTP notice means the Farm Service Agency availability of funds and proration, payments. (FSA) Deputy Administrator for Farm payment shall only be made to eligible Programs. producers for eligible losses and, to the VI. General (B) Funding for the program is limited extent practicable, shall be calculated in (A) The NMTP shall be under the to $414,614. In the event that amount is the following manner: supervision of the Deputy insufficient to pay all approved claims, (A) NMTP payments for crop losses Administrator, who shall have the CCC will reduce payments of all eligible shall be based on the producer’s share authority to modify terms and and timely submitted claims on a pro of the crop lost, or, if no crop was conditions of the NMTP, and to impose rata basis or other method deemed produced, the share the producer would additional terms and conditions, in appropriate by CCC. have received if the crop had been order to achieve the purposes of the (C) Total NMTP payments are not produced. When calculating a payment program. subject to a per person payment for a unit loss: (B) The producer, to receive payment, limitation as defined in 7 CFR part (1) An unharvested payment factor must meet all conditions set out in these 1400. shall be applied to the crop acreage regulations, the program application, or (D) NMTP payments shall be made planted but not harvested; otherwise imposed by the Deputy without regard to crop liens or title (2) A prevented planting factor shall Administrator. under State law, but may be assigned. be applied to any prevented planted (C) For additional information, and to acreage eligible for payment; and III. Who Is Eligible submit an application directly to FSA, (B) NMTP payments for lost crops affected producers should contact the Eligible producers for NMTP will be calculated using the ‘‘county Farm Service Agency at the address payments are agricultural producers in expected yield’’, as established by the above or contact the Eddy County FSA the State of New Mexico who suffered Deputy Administrator, which will be Office in Carlsbad, New Mexico. an eligible loss in 2004 claimed in good the Olympic average (disregard the high (D) Payments are subject to faith to be a result of residue of the and low yields) yield for base period administrative offset. herbicide Tebuthiuron in the Black 1999–2003. In lieu of county expected River watershed in July 2002 in the yields, as determined acceptable by the VII. Procedure, Application Deadline, vicinity of Malaga, New Mexico. An Deputy Administrator, payment may be Appeals, and Appeals Resolutions eligible loss will be a loss that meets all based on the use of ‘‘approved yields’’ FSA will collect the information from the criteria in section IV of this notice, using provisions similar to those for all claimants. Claimants must submit an plus those set out elsewhere in this developing an ‘‘actual production application by the close of business on notice, and those contained in the history’’ (APH) for producers under the October 4, 2004. You must submit an

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application for benefits at the Eddy Signed at Washington, DC, August 24, use in preparing meals, and/or for County, New Mexico FSA office. CCC 2004. distribution to households for home will accept or reject each application in Michael W. Yost, consumption. whole or in part and will notify each Acting Executive Vice President, Commodity The types of commodities the producer in writing of such Credit Corporation. Department expects to make available to determination. If a producer disagrees [FR Doc. 04–20108 Filed 9–2–04; 8:45 am] States for distribution through TEFAP in with the determination, the producer BILLING CODE 0510–034–P FY 2004 are described below. may request reconsideration, file an Surplus Commodities appeal, and enter into Alternative Dispute Resolution (ADR) according to DEPARTMENT OF AGRICULTURE Surplus commodities donated for the regulations found at 7 CFR part 780, distribution under TEFAP are Appeal Regulations, and 7 CFR part 11. Food and Nutrition Service Commodity Credit Corporation (CCC) commodities determined to be available If there are amounts in dispute, those The Emergency Food Assistance for donation by the Secretary of amounts may be withheld from Program; Availability of Commodities Agriculture under the authority of distribution to address those claims. If for Fiscal Year 2004 section 416 of the Agricultural Act of there is to be a pro-ration, such a 1949, 7 U.S.C. 1431 (section 416), and withholding can affect all claimants. AGENCY: Food and Nutrition Service, commodities purchased under the Alternatively, CCC may resolve the USDA. surplus removal authority of section 32 matter based upon the information at ACTION: Notice. of the Act of August 24, 1935, 7 U.S.C. hand and make a full distribution, in SUMMARY: This notice announces the 612c (section 32). The types of which case there may not be sufficient surplus and purchased commodities commodities typically made available funds to allow an appeal. The Deputy that the Department expects to make under section 416 include dairy, grains, Administrator shall make the final available for donation to States for use oils, and peanut products. The types of determinations. All determinations on in providing nutrition assistance to the commodities purchased under section all claims shall be final except to the needy under the Emergency Food 32 include meat, poultry, fish, extent a withholding is made to allow Assistance Program (TEFAP) in Fiscal vegetables, dry beans, juices, and fruits. for appeal to the USDA National Year (FY) 2004. The commodities made In FY 2004, the Department Appeals Division. Notwithstanding any available under this notice must be anticipates that there will be sufficient provision of this notice, the Deputy distributed to eligible recipient agencies quantities of nonfat dry milk and ready- Administrator can adjust claims in any for use in preparing meals and/or for to-eat pudding available for donation manner deemed appropriate to distribution to households for home under section 416 and frozen turkey accomplish the goals of the program, consumption. breast, canned and frozen orange juice, may allow waivers of requirements as fruit-nut mix, dried cherries, dates, figs, EFFECTIVE DATE: October 1, 2003. appropriate, and may prorate or canned tomatoes, walnuts, canned and withhold funds as needed to resolve FOR FURTHER INFORMATION CONTACT: frozen asparagus, canned salmon and claims under this program within the Lillie Ragan, Assistant Branch Chief, raisins under section 32 to support the funding limit. The purpose of this Household Programs Branch, Food distribution of these commodities notice is to inform producers of the Distribution Division, Food and through TEFAP. Other surplus availability of the program and to Nutrition Service, U.S. Department of commodities may be made available to establish the basis on which program Agriculture, 3101 Park Center Drive, TEFAP later in the year. The determinations can be made. Upon the Alexandria, Virginia 22302–1594 or Department would like to point out that end of the 2004 application period telephone (703) 305–2662. commodity acquisitions are based on referred to in this section, the Deputy SUPPLEMENTARY INFORMATION: In changing agricultural market conditions; Administrator shall decide whether, accordance with the provisions set forth therefore, the availability of based on the total claims filed, a in the Emergency Food Assistance Act commodities is subject to change. proration is appropriate or needed. If a of 1983 (EFAA), 7 U.S.C. 7502, and the Approximately $80.7 million in proration is decided upon, payment Food Stamp Act of 1977, 7 U.S.C. 2011, surplus commodities purchased in FY calculations shall be adjusted et seq., the Department makes 2003 are being delivered to States in FY accordingly. commodities and administrative funds 2004. These commodities include frozen If after paying claims for the 2004 available to States for use in providing strawberries, frozen ground bison, applications, funds remain from the nutrition assistance to those in need frozen turkey deli, frozen peaches, $414, 614 referred to in section II of this through TEFAP. In accordance with 7 frozen asparagus, frozen lamb roasts, notice, then, subject to conditions that CFR 251.3(h), each State’s share of salmon, dried plums, dried raisins, will now be set out, those eligible TEFAP commodities and administrative dehydrated potatoes, non-fat dry milk, producers who filed 2004 claims may funds is based 60 percent on the number ready-to-eat pudding, and the following file additional claims. The conditions of low-income households within the canned items: tomatoes and tomato are as follow. The claims must be filed State and 40 percent on the number of sauce, apricots, peaches, pears, in the period September 1–10, 2005. unemployed persons within the State. pineapple, asparagus, and bison stew. Payments on those claims may not State officials are responsible for exceed the funds remaining of the $414, establishing the network through which Purchased Commodities 614 mentioned above. The losses must the commodities will be used by eligible In accordance with section 27 of the meet the same criteria, except as to the recipient agencies (ERAs) in providing Food Stamp Act of 1977, 7 U.S.C. 2036, time of occurrence, as the 2004 claims. nutrition assistance to those in need, the Secretary is directed annually, The claims may be prorated as needed and for allocating commodities and through FY 2007, to purchase $140 to reflect the remaining funds. The administrative funds among those million worth of commodities for Deputy Administrator may set agencies. States have full discretion in distribution through TEFAP. These additional conditions as deemed determining the amount of commodities commodities are made available to warranted by the Deputy Administrator. that will be made available to ERAs for States in addition to those surplus

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commodities which otherwise might be DEPARTMENT OF AGRICULTURE • September 22, 2004—Savannah provided to States for distribution under Marriott Riverfront Hotel, Savannah, TEFAP. However, the Consolidated Natural Resources Conservation Georgia, 2 p.m.–5 p.m. Appropriations Act, 2004 (Public Law Service • September 28, 2004—Campbell 108–199) permits States to convert any Resort, Chelan, Washington, 9 a.m.–12 Public Meeting Will allow Interested or all of their fair share of $10 million p.m. Parties To Comment on the Activities of these funds to administrative funds to Written comments may also be of the Resource Conservation and submitted, no later than September 30, pay costs associated with the Development Program distribution of TEFAP commodities at 2004, to Terry D’Addio, National RC&D the State and local level. States have in AGENCY: Natural Resources Program Manager, Natural Resources Conservation Service, 1400 the current fiscal year chosen to use Conservation Service, USDA. Independence Avenue, SW., Room 312, $744,206 of their ‘‘fair shares’’ of this ACTION: Notice of meeting. Cotton Annex Building, Washington, DC $10 million to increase their commodity SUMMARY: 20250. entitlements. The Department of Agriculture’s Natural Resources FOR FURTHER INFORMATION CONTACT: In addition, $50 million was Conservation Service (NRCS) will hold Terry D’Addio, Natural Resources appropriated under the Commodity a meeting to solicit comments on the Conservation Service, telephone: (202) Assistance Program heading of the activities of the Resource Conservation 720–0557; fax (202) 690–0639; e-mail: Consolidated Appropriations Act, 2004, and Development (RC&D) Program. Terry.d’[email protected]. as administrative funds. State agencies Section 2504 of the Farm Security and Signed in Washington, DC on August 23, have the option of requesting that the Rural Investment Act of 2002 (Pub. L. 2004. Department use any or all of their ‘‘fair 107–171) requires that the Secretary of Bruce I. Knight, shares’’ of this $50 million to purchase Agriculture, in consultation with the Chief, Natural Resources Conservation additional commodities for them. National Association of Resource Service. For FY 2004, the Department Conservation and Development [FR Doc. 04–20094 Filed 9–2–04; 8:45 am] Councils (NAR&DC), evaluate RC&D to anticipates purchasing the following BILLING CODE 3410–16–P determine whether it is effectively commodities for distribution through meeting the needs of, and purposes TEFAP: dehydrated potatoes, corn identified by States, units of syrup, egg mix, blackeye beans, great COMMITTEE FOR PURCHASE FROM government, Indian tribes, non-profit PEOPLE WHO ARE BLIND OR northern beans, kidney beans, lima organizations, and councils SEVERELY DISABLED beans, pinto beans, dried plums, raisins, participating in, or served by, the bakery mix, lowfat bakery mix, egg program. The Secretary of Agriculture, Procurement List Proposed Deletions noodles, white and yellow corn grits, acting through NRCS, will conduct this macaroni, oats, peanut butter, rice, evaluation, and submit to the AGENCY: Committee for Purchase From spaghetti, vegetable oil, rice cereal, corn Committee on Agriculture of the U.S. People Who Are Blind or Severely flakes, corn squares, oat cereal, bran House of Representatives and the Disabled. flakes, frozen ground beef, frozen Committee on Agriculture, Nutrition, ACTION: Proposed deletions from chicken, frozen ham, frozen turkey and Forestry of the Senate a report Procurement List. roast, and the following canned items: describing the results of the evaluation, green beans, refried beans, vegetarian together with any recommendations of SUMMARY: The Committee is proposing beans, carrots, cream corn, whole kernel the Secretary for continuing, to delete from the Procurement List corn, sliced potatoes, spaghetti sauce, terminating, or modifying the program, products previously furnished by tomatoes, tomato sauce, tomato soup, by June 30, 2005. nonprofit agencies employing persons vegetarian soup, apple juice, cranapple As part of this evaluation, NRCS is who are blind or have other severe juice, grapefruit juice, orange juice, conducting public meetings, with all disabilities. pineapple juice, tomato juice, apricots, interested parties, to solicit comments DATES: Comments must be received on peaches, pineapples, applesauce, pears, on the activities of the program. or before: October 3, 2004. Comments will be solicited on, and plums, beef, beef stew, chicken, pork, ADDRESSES: Committee for Purchase tuna, and roasted peanuts. The amounts should be limited to, the following From People Who Are Blind or Severely of each item purchased will depend on topics: (1) RC&D effectiveness in Disabled, Jefferson Plaza 2, Suite 10800, meeting the needs of the States, units of the prices the Department must pay, as 1421 Jefferson Davis Highway, government, Indian tribes, non-profit well as the quantity of each item Arlington, Virginia, 22202–3259. organizations, and RC&D councils requested by the States. Changes in FOR FURTHER INFORMATION CONTACT: served by the program; (2) RC&D agricultural market conditions may effectiveness in developing community Sheryl D. Kennerly, (703) 603–7740. result in the availability of additional leadership; (3) RC&D Program elements SUPPLEMENTARY INFORMATION: This types of commodities or the non- that best serve regional conservation notice is published pursuant to 41 U.S.C availability of one or more types listed and development needs; and (4) RC&D 47(a)(2) and 41 CFR 51–2.3. Its purpose above. Program elements that can be is to provide interested persons an Dated: August 11, 2004. strengthened to better serve regional opportunity to submit comments on the proposed actions. Roberto Salazar, conservation and development needs. Administrator. EFFECTIVE DATES: The schedule for the Deletions [FR Doc. 04–20078 Filed 9–2–04; 8:45 am] remaining three listening sessions is as follows: Regulatory Flexibility Act Certification BILLING CODE 3410–30–P • September 2, 2004—Ogleby Resort I certify that the following action will and Conference Center, Wheeling, West not have a significant impact on a Virginia, 1 p.m.–4:30 p.m. substantial number of small entities.

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The major factors considered for this Additions Ranger Station/Comp Bldg., certification were: 765 S. Main, Colville, Washington. On June 25, July 2, and July 9, 2004, NPA: Career Connections, Spokane, 1. If approved, the action may result the Committee for Purchase From in additional reporting, recordkeeping Washington. People Who Are Blind or Severely Contract Activity: USDA, Forest Service, or other compliance requirements for Disabled published notice (69 FR 35580, small entities. Colville, Washington. 40350, and 41456) of proposed Service Type/Location: Switchboard 2. If approved, the action may result additions to the Procurement List. Operation, in authorizing small entities to furnish After consideration of the material 4th Communication Squadron, the products to the Government. presented to it concerning capability of 1695 Wright Brothers Avenue, Seymour 3. There are no known regulatory qualified nonprofit agencies to provide Johnson AFB, North Carolina. alternatives which would accomplish the services and impact of the additions NPA: Coastal Enterprises of Jacksonville, the objectives of the Javits-Wagner- on the current or most recent Inc., Jacksonville, North Carolina. O’Day Act (41 U.S.C. 46–48c) in contractors, the Committee has Contract Activity: AF–ACC–Seymour connection with the products proposed determined that the services listed Johnson, Seymour Johnson AFB, North for deletion from the Procurement List. below are suitable for procurement by Carolina. End of Certification the Federal Government under 41 U.S.C. Deletions 46–48c and 41 CFR 51–2.4. The following products are proposed On April 7, and April 30, 2004, the Regulatory Flexibility Act Certification for deletion from the Procurement List: Committee for Purchase From People Products I certify that the following action will Who Are Blind or Severely Disabled not have a significant impact on a published notice (69 FR 17391, and Product/NSN: Assembly of Kit Camouflage substantial number of small entities. Support System, 23723) of proposed deletions to the 1080–00–108–1173; The major factors considered for this Procurement List. 1080–00–179–6025; certification were: After consideration of the relevant 1080–00–556–4954; 1. The action will not result in any matter presented, the Committee has 1080–01–179–6024. additional reporting, recordkeeping or determined that the products listed NPA: Lighthouse for the Blind, St. Louis, other compliance requirements for small below are no longer suitable for Missouri. entities other than the small procurement by the Federal Government Contract Activity: U.S. Army organizations that will furnish the Communications-Electronic Command, under 41 U.S.C. 46–48c and 41 CFR 51– services to the Government. 2.4. Ft. Monmouth, NJ. 2. The action will result in G. John Heyer, authorizing small entities to furnish the Regulatory Flexibility Act Certification General Counsel. services to the Government. 3. There are no known regulatory I certify that the following action will [FR Doc. 04–20142 Filed 9–2–04; 8:45 am] not have a significant impact on a BILLING CODE 6353–01–P alternatives which would accomplish the objectives of the Javits-Wagner- substantial number of small entities. O’Day Act (41 U.S.C. 46–48c) in The major factors considered for this certification were: COMMITTEE FOR PURCHASE FROM connection with the services proposed PEOPLE WHO ARE BLIND OR for addition to the Procurement List. 1. The action may result in additional reporting, recordkeeping or other SEVERELY DISABLED End of Certification compliance requirements for small Procurement List; Additions and Accordingly, the following services entities. Deletions are added to the Procurement List: 2. The action may result in AGENCY: Committee for Purchase From Services authorizing small entities to furnish the People Who Are Blind or Severely Service Type/Location: Custodial Services, products to the Government. Disabled. Colville NF Ranger Station, 3. There are no known regulatory 255 W 11th, Kettle Falls, Washington. ACTION: Additions to and deletions from alternatives which would accomplish NPA: Career Connections, Spokane, the objectives of the Javits-Wagner- procurement list. Washington. Contract Activity: USDA, Forest Service, O’Day Act (41 U.S.C. 46–48c) in SUMMARY: This action adds to the Colville, Washington. connection with the products deleted Procurement List services to be Service Type/Location: Custodial Services, from the Procurement List. National Institute of Standards & furnished by nonprofit agencies End of Certification employing persons who are blind or Technology (NIST), have other severe disabilities, and Advanced Measurement Laboratory, Accordingly, the following products Gaithersburg, Maryland. deletes from the Procurement List are deleted from the Procurement List: products previously furnished by such NPA: Opportunities, Inc., Alexandria, Virginia. Products agencies. Contract Activity: National Institute of Product/NSN: Sheet, Bed, Disposable, EFFECTIVE DATE: October 3, 2004. Standards & Technology, Gaithersburg, Maryland. 7210–00–498–0512. ADDRESSES: Committee for Purchase Service Type/Location: Custodial Services, NPA: East Texas Lighthouse for the Blind, From People Who Are Blind or Severely Quad-Cities Veterans Center, Tyler, Texas. Disabled, Jefferson Plaza 2, Suite 10800, 1529 46th Avenue, Moline, Illinois. Contract Activity: Defense Supply Center 1421 Jefferson Davis Highway, NPA: Association for Retarded Citizens of Philadelphia, Philadelphia, Arlington, Virginia, 22202–3259. Rock Island County, Rock Island, Pennsylvania. Illinois. Product/NSN: Tarpaulin, Support Arm, FOR FURTHER INFORMATION CONTACT: Contract Activity: Veterans Affairs Medical 5815–01–108–9180. Sheryl D. Kennerly, (703) 603–7740. Center, Iowa City, Iowa. NPA: None currently authorized. SUPPLEMENTARY INFORMATION: Service Type/Location: Custodial Services, Contract Activity: Defense Supply Center

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Columbus, Columbus, Ohio. is used in manufacturing, shall be subject to sq.ft.)—2261 Rutherford Road, located full Customs duties in accordance with G. John Heyer, immediately to the west of Building 2; applicable law, unless the Executive Site 2—Headquarters Building General Counsel. Secretary determines that the same item is (manufacturing/11 acres/245,000 sq. [FR Doc. 04–20160 Filed 9–2–04; 8:45 am] not then being produced by a domestic steel mill. ft.)—2180 Rutherford Road, located BILLING CODE 6353–01–P 2. In addition to the annual report, Bender about 1,500 feet to the west of Site 1; shall advise the Board’s Executive Secretary Site 3 (three buildings)—Building 5 (§ 400.28(a)(3)) as to significant new contracts (research and development/5 acres/ DEPARTMENT OF COMMERCE with appropriate information concerning 63,000 sq.ft.)—5858 Dryden Place, foreign purchases otherwise dutiable, so that located about three-fourths of a mile Foreign-Trade Zones Board the Board may consider whether any foreign southwest of Site 2; and, Building 6 dutiable items are being imported for (testing and development/9 acres/10,000 [Order No. 1350] manufacturing in the subzone primarily because of subzone status and whether the sq.ft.)—5860 Dryden Place, located Approval of Manufacturing Authority Board should consider requiring Customs adjacent to Building 5; and, Grounds Within Foreign-Trade Zone 82; Mobile, duties to be paid on such items. Keeping Building (960 sq.ft.)—5825 Alabama; Bender Shipbuilding and 3. All foreign-origin netting of twine, Dryden Place; Site 4—Building 7 Repair Company (Shipbuilding) cordage, or rope covered by Textile Category (warehousing/9 acres/150,000 sq.ft./ 229 must be admitted under domestic status leased)—2081 Faraday Avenue, located Pursuant to its authority under the Foreign- (19 CFR 146.43). approximately 900 feet to the west of Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u) (the Act), the Signed at Washington, DC, this 27th day of Site 2. Foreign-Trade Zones Board (the Board) August 2004. The facilities (2,000 employees) are adopts the following Order: James J. Jochum, used to produce golf clubs (drivers/ fairway woods, irons, putters) and to Whereas, the City of Mobile, Alabama, Assistant Secretary of Commerce for Import Administration, Alternate Chairman, Foreign- distribute U.S. and foreign-made golf grantee of FTZ 82, has requested Trade Zones Board. clubs, parts of golf clubs, and authority under Section 400.32(b)(1) of [FR Doc. 04–20156 Filed 9–2–04; 8:45 am] accessories for export and the U.S. the Board’s regulations on behalf of BILLING CODE 3510–DS–P market. The golf club manufacturing Bender Shipbuilding and Repair process at the facilities involves Company (Bender), to construct and machining and assembly, and could repair oceangoing vessels under FTZ DEPARTMENT OF COMMERCE produce up to 13 million units procedures within FTZ 82—Site 1, annually. Components purchased from Mobile, Alabama (Docket 37–2003, filed Foreign-Trade Zones Board abroad (about 35% of finished golf club 7–29–2003); [Docket 40–2004] value) used in manufacturing and Whereas, pursuant to 15 CFR production may include: parts of golf 400.32(b)(1), the Commerce Foreign-Trade Zone 153—San Diego, clubs (heads and parts of heads, shafts, Department’s Assistant Secretary for CA; Application for Subzone Status; grips, head covers, divot tools), glues, Import Administration has the authority Callaway Golf Company Facilities (Golf adhesives, plastic plugs and ferrules, to act for the Board in making such Clubs), Carlsbad, CA leather golf bags, golf bags of textile decisions on new manufacturing/ materials (Textile Categories 369 and processing activity under certain An application has been submitted to 870; would be admitted under circumstances, including situations the Foreign-Trade Zones Board (the privileged foreign (PF) status (19 CFR where the proposed activity is the same, Board) by the City of San Diego, 146.41)), name plates, medallions, and in terms of products involved, to California, grantee of FTZ 153, plates (duty rate range: free—20%, ad activity recently approved by the Board requesting special-purpose subzone valorem). Additional foreign-sourced (§ 400.32(b)(1)(i)); status for the golf club manufacturing components and accessories to be Whereas, the proposed shipbuilding facilities of Callaway Golf Company distributed to the U.S. market and and repair activity would be subject to (Callaway), located in Carlsbad, export include: golf clubs, parts of golf the ‘‘Standard Shipyard Restriction’’ California. The application was clubs, golf balls, plugs, ferrules, leather (full Customs duties paid on steel mill submitted pursuant to the provisions of luggage/briefcases/shoe cases/golf products); and, the Foreign-Trade Zones Act, as gloves/duffel bags, leather golf bags, Whereas, the FTZ Staff has reviewed amended (19 U.S.C. 81a–81u), and the umbrellas, metal boxes and lids, name the proposal, taking into account the regulations of the Board (15 CFR part plates, table decorations of iron or steel; criteria of Section 400.31, and the 400). It was formally filed on August 27, and, the following items classified Executive Secretary has recommended 2004. within Textile Categories 331/631/831, approval, subject to restriction; The proposed subzone would include 359/459/659/859, 363/369/669, 670/ Now, Therefore, the Assistant Callaway’s manufacturing and 870: golf bags of textile materials, Secretary for Import Administration, warehousing facilities at four sites in pouches, hats/caps/visors, towels, and acting for the Board pursuant to Section Carlsbad (San Diego County), California: golf gloves of textile materials (to be 400.32(b)(1), concurs in the Site 1 (four buildings)’’ Building 1 admitted under PF status). recommendation and hereby approves (manufacturing/7 acres/128,000 sq.ft. FTZ procedures would exempt the request subject to the Act and the under roof)—2285 Rutherford Road, Callaway from Customs duty payments Board’s regulations, including Section located adjacent to the McClellen- on the foreign component inputs used 400.28, and the following special Palomar Airport; Building 2 (2 acres/ in export production. On its domestic conditions: 38,000 sq.ft.)—5928 Pascal Court, sales and exports to NAFTA markets, 1. Any foreign steel mill product admitted located immediately to the west of the company would be able to choose to the subzone, including plate, angles, Building 1; Building 3 (manufacturing, the duty rate that applies to finished shapes, channels, rolled steel stock, bars, warehousing/5 acres/73,000 sq.ft.)— golf clubs (4.4%) for the foreign-sourced pipes and tubes, not incorporated into 5960 Pascal Court, located to the rear of inputs noted above. Callaway would be merchandise otherwise classified, and which Building 2; Building 8 (2 acres/20,000 able to defer Customs duty payments on

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the foreign-origin golf clubs and foreign-trade zones in ports of entry of DEPARTMENT OF COMMERCE accessories that would be admitted to the United States, to expedite and the proposed subzone for U.S. encourage foreign commerce, and for Foreign-Trade Zones Board distribution. The application indicates other purposes,’’ as amended (19 U.S.C. that subzone status would help improve 81a–81u) (the FTZ Act), the Foreign- [Docket 39–2004] the facilities’ international Trade Zones Board (the Board) is Foreign-Trade Zone 163—Ponce, competitiveness. authorized to grant to qualified Puerto Rico Area; Application for In accordance with the Board’s corporations the privilege of Expansion/Time Extension regulations, a member of the FTZ Staff establishing foreign-trade zones in or has been designated examiner to adjacent to U.S. Customs ports of entry; An application has been submitted to investigate the application and report to Whereas, the Board’s regulations (15 the Foreign-Trade Zones Board (the the Board. CFR part 400) provide for the Board) by Codezol, C.D., grantee of FTZ Public comment on the application is establishment of special-purpose 163, requesting authority to expand FTZ invited from interested parties. subzones when existing zone facilities 163, in the Ponce, Puerto Rico area, Submissions (original and three copies) cannot serve the specific use involved, adjacent to the Ponce Customs port of shall be addressed to the Board’s and when the activity results in a entry. The application was submitted Executive Secretary at the following significant public benefit and is in the pursuant to the provisions of the addresses: public interest; Foreign-Trade Zones Act, as amended 1. Submissions via Express/Package (19 U.S.C. 81a–81u), and the regulations Delivery Services: Foreign-Trade Zones Whereas, an application from Suffolk of the Board (15 CFR part 400). It was Board, U.S. Department of Commerce, County, New York, grantee of FTZ 52, formally filed on August 25, 2004. Franklin Court Building-Suite 4100W, for authority to establish special- FTZ 163 was approved on October 18, 1099 14th Street, NW., Washington, DC purpose subzone status for the 1989 (Board Order 443, 54 FR 46097, 20005; or, pneumatic industrial automation (‘‘fluid 11/01/89) and expanded on April 18, 2. Submissions via the U.S. Postal power’’) components manufacturing 2000 (Board Order 1091, 65 FR 24676, Service: Foreign-Trade Zones Board, facilities of Festo Corporation, in 4/27/00). The zone project currently U.S. Department of Commerce, FCB– Hauppauge, New York, was filed by the consists of the following sites in the 4100W, 1401 Constitution Ave., NW., Board on June 23, 2003, and notice Ponce, Puerto Rico, area: Site 1 (106 Washington, DC 20230. inviting public comment was given in acres)—within the Port of Ponce area, The closing period for their receipt is the Federal Register (FTZ Docket 32– including a site (11 acres) located at November 2, 2004. Rebuttal comments 2003, 68 FR 39509, 7–2–2003); and, 3309 Avenida Santiago de los in response to material submitted Whereas, the Board adopts the Caballeros, Ponce; Site 2 (191 acres, 5 during the foregoing period may be findings and recommendations of the parcels)—Peerless Oil & Chemicals, Inc. submitted during the subsequent 15-day examiner’s report, and finds that the Petroleum Terminal facilities located at period (to November 17, 2004). requirements of the FTZ Act and Rt. 127, Km. 17.1, Penuelas; Site 3 (13 A copy of the application will be Board’s regulations would be satisfied, acres, 2 parcels)—Rio Piedras available for public inspection at the and that approval of the application Distribution Center located within the Office of the Foreign-Trade Zones would be in the public interest if central portion of the Quebrada Arena Board’s Executive Secretary at address approval were subject to restriction; Industrial Park, and the Hato Rey No.1 listed above and at the U.S. Now, Therefore, the Board hereby Distribution Center located within the Department of Commerce Export grants authority for subzone status at the northeastern portion of the Tres Assistance Center, Suite 230, 6363 pneumatic industrial automation (‘‘fluid Monjitas Industrial Park, San Juan; Site Greenwich Drive, San Diego, CA 92122. power’’) components manufacturing 4 (14 acres)—warehouse facility located Dated: August 27, 2004. facilities of Festo Corporation, in at State Road No. 3, Km. 1401, Guayama Dennis Puccinelli, Hauppauge, New York (Subzone 52A), (expires 10/1/04). Executive Secretary. at the locations described in the The applicant is requesting authority [FR Doc. 04–20152 Filed 9–2–04; 8:45 am] application, subject to the FTZ Act and to expand the zone to include 2 additional sites (342 acres) in Ponce: BILLING CODE 3510–DS–P the Board’s regulations, including Section 400.28, and further subject to Proposed Site 5 (256 acres, 34 parcels)— the following restrictions: (1) All Mercedita Industrial Park located at the DEPARTMENT OF COMMERCE foreign-origin steel mill products must intersection of Route PR–9 and Las be admitted under privileged foreign Americas Highway, Ponce; and, Foreign-Trade Zones Board status (19 CFR 146.41) or domestic Proposed Site 6 (86 acres)—Coto Laurel Industrial Park located at the southwest [Order No. 1349] status (19 CFR 146.43); (2) All foreign- origin textile mill products must be corner of the intersection of Highways Grant of Authority for Subzone Status; admitted under privileged foreign status PR–56 and PR–52, Ponce. The sites are Festo Corporation (Pneumatic or domestic status; and, (3) Festo will principally owned by the Port of Ponce, Industrial Automation Products), submit supplemental annual report data Vassallo Industries, Inc., and Hauppauge, NY for FTZ Staff monitoring purposes. Desarrollos E Inversiones Del Sur, Inc. The applicant is also requesting Pursuant to its authority under the Signed at Washington, DC, this 27th day of permanent zone status for Site 4. No Foreign-Trade Zones Act of June 18, August 2004. specific manufacturing requests are 1934, as amended (19 U.S.C. 81a–81u), James J. Jochum, being made at this time. Such requests the Foreign-Trade Zones Board (the Assistant Secretary of Commerce for Import would be made to the Board on a case- Board) adopts the following Order: Administration, Alternate Chairman, Foreign- by-case basis. Whereas, by an Act of Congress Trade Zones Board. In accordance with the Board’s approved June 18, 1934, an Act ‘‘To [FR Doc. 04–20155 Filed 9–2–04; 8:45 am] regulations, a member of the FTZ Staff provide for the establishment * * * of BILLING CODE 3510–DS–P has been designated examiner to

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investigate the application and report to Register (69 FR 5315, 2/4/04; 69 FR EFFECTIVE DATE: September 3, 2004. the Board. 18530, 4/8/04), and the application has FOR FURTHER INFORMATION CONTACT: Public comment on the application is been processed pursuant to the FTZ Act Mark Flessner or Robert James, AD/CVD invited from interested parties. and the Board’s regulations; and, Enforcement, Office 7, Import Submissions (original and 3 copies) Whereas, the Board adopts the Administration, International Trade shall be addressed to the Board’s findings and recommendations of the Administration, U.S. Department of Executive Secretary at one of the examiner’s report, and finds that the Commerce, 14th Street and Constitution following addresses below: requirements of the FTZ Act and Avenue, NW., Room 7866, Washington, 1. Submissions via Express/Package Board’s regulations are satisfied, and DC 20230; telephone (202) 482–6312 or Delivery Services: Foreign-Trade Zones that the proposal is in the public (202) 482–0649. Board, U.S. Department of Commerce, interest; SUPPLEMENTARY INFORMATION: Franklin Court Building–Suite 4100W, Now, Therefore, the Board hereby 1099 14th Street, NW., Washington, DC orders: Background 20005; or The application to reorganize and On August 1, 2003 the Department 2. Submissions via U.S. Postal expand FTZ 36 is approved, subject to published a notice of opportunity to Service: Foreign-Trade Zones Board, the Act and the Board’s regulations, request an administrative review of the U.S. Department of Commerce, FCB– including Section 400.28. antidumping duty order on structural 4100W, 1401 Constitution Avenue, Signed at Washington, DC, this 27th day of steel beams from Korea. (See NW., Washington, DC 20230. August 2004. Antidumping or Countervailing Duty The closing period for their receipt is James J. Jochum, Order, Finding, or Suspended November 2, 2004. Rebuttal comments Assistant Secretary of Commerce for Import Investigation; Opportunity to Request in response to material submitted Administration, Alternate Chairman, Foreign- Administrative Review, 68 FR 45218 during the foregoing period may be Trade Zones Board. (August 1, 2003)). On August 29, 2003, submitted during the subsequent 15-day [FR Doc. 04–20154 Filed 9–2–04; 8:45 am] petitioners Nucor Corporation, Nucor period (to November 17, 2004). BILLING CODE 3510–DS–P Yamato Steel Co., and TXI-Chaparral A copy of the application will be Steel Co. requested that the Department available for public inspection at the conduct an administrative review of Office of the Foreign-Trade Zones DEPARTMENT OF COMMERCE DSM and INI, which are Korean Board’s Executive Secretary at address producers of subject merchandise. Also, No. 1 listed above and Codezol, C.D., International Trade Administration on August 29, 2003, DSM requested that 3309 Avenida Santiago de los [A–580–841] the Department conduct an Caballeros, Ponce, Puerto Rico 00734. administrative review of their sales of Dated: August 25, 2004. Structural Steel Beams from Korea: subject merchandise during the POR. Dennis Puccinelli, Preliminary Results of Antidumping On September 30, 2003, the Department Executive Secretary. Duty Administrative Review published a notice of initiation of a [FR Doc. 04–20153 Filed 9–2–04; 8:45 am] review of structural steel beams from AGENCY: Import Administration, Korea covering the period August 1, BILLING CODE 3510–DS–P International Trade Administration, 2002, through July 31, 2003. (See U.S. Department of Commerce. Initiation of Antidumping and DEPARTMENT OF COMMERCE SUMMARY: On September 30, 2003, the Countervailing Duty Administrative Department of Commerce (the Reviews and Requests for Revocation in Foreign-Trade Zones Board Department) published in the Federal Part, 68 FR 56262 (September 30, Register (68 FR 56262) a notice 2003)). On December 17, 2003 the [Order No. 1348] announcing the initiation of the Department issued its antidumping duty Expansion of Foreign-Trade Zone 36, administrative review of the questionnaires, covering Sections A Galveston, TX Area antidumping duty order on structural through E, to INI and to DSM. steel beams from the Republic of Korea The Department had not disregarded Pursuant to its authority under the (Korea). The period of review (POR) is sales of structural steel beams made by Foreign-Trade Zones Act of June 18, August 1, 2002, to July 30, 2003. DSM at prices below the cost of 1934, as amended (19 U.S.C. 81a–81u), We preliminarily determine that sales production (COP) in the most recently the Foreign-Trade Zones Board (the of structural steel beams from Korea completed review of DSM; therefore Board) adopts the following Order: have been made at prices below the DSM was not initially required to Whereas, the Board of Trustees of the normal value (NV) by the respondents, respond to section D of the Galveston Wharves, grantee of Foreign- INI Steel Company (INI) and Dongkuk questionnaire. On March 2, 2004, Trade Zone 36, submitted an Steel Mill Co., Ltd. (DSM). If these petitioners filed an allegation that DSM application to the Board to expand and preliminary results are adopted in the had made below-cost sales. On April 6, reorganize FTZ 36 to add four parcels final results of this administrative 2004, the Department initiated a cost (112 acres) to Site 1; to remove a parcel review, we will instruct Customs and investigation of DSM, after which DSM from Site 1 (formerly Parcel 1, 2.67 Border Protection (CBP) to assess was required to respond to Section D of acres); to add 45 acres to Site 1, Parcel antidumping duties based on all the questionnaire. 2; to add a parcel (96 acres) to Site 2; appropriate entries. Because we disregarded sales of and, to add a new site (Site 3: 74 acres, Interested parties are invited to certain products made by INI at prices 2 parcels) at Scholes International comment on these preliminary results. below the COP in what was at that time Airport, adjacent to the Houston- Parties who submit argument in these the most recently completed review of Galveston Customs port of entry (FTZ proceedings are requested to submit structural steel beams from Korea (see Docket 2–2004; filed 1/23/04); with the argument: (1) a statement of the Structural Steel Beams From the Whereas, notice inviting public issues, (2) a brief summary of the Republic of Korea; Final Results of comment was given in the Federal argument, and (3) a table of authorities. Antidumping Duty Administrative

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Review, 68 FR 2499 (January 17, 2003)), hot- or cold-rolled, drawn, extruded, Affiliation we had reasonable grounds to believe or formed or finished, having at least one In the previous administrative review, suspect INI made sales of the foreign dimension of at least 80 mm (3.2 inches which covered the August 1, 2001 like product at prices below the COP, as or more), whether of carbon or alloy through July 31, 2002 POR, the provided by section 773(b)(2)(A)(ii) of (other than stainless) steel, and whether Department found DSM and Dongkuk the Tariff Act. Therefore, pursuant to or not drilled, punched, notched, Industries Co., Ltd., (DKI) to be affiliated section 773(b)(1) of the Tariff Act, from painted, coated or clad. These products because they were under the common the outset of this review we required INI include, but are not limited to, wide- control of a family grouping. (See to respond to section D of the flange beams (‘‘W’’ shapes), bearing Preliminary Results of Antidumping questionnaire. piles (‘‘HP’’ shapes), standard beams Duty Administrative Review: Structural INI submitted its response to sections (‘‘S’’ or ‘‘I’’ shapes) and ‘‘M’’ shapes. All Steel Beams From the Republic of A through D on January 16, 2004. On products that meet the physical and Korea, 68 FR 53129, 53131 (September April 6, 2004, the Department issued a metallurgical descriptions provided 9, 2003), unchanged in Structural Steel supplemental questionnaire to INI, to above are within the scope of this Beams From the Republic of Korea; which INI responded on April 30, 2004. review unless otherwise excluded. The Final Results of Antidumping Duty On July 21, 2004, the Department issued following products are outside and/or Administrative Review, 69 FR 7200, a second supplemental questionnaire to specifically excluded from the scope of 7201 (February 13, 2004)). DSM and DKI INI, to which INI responded on August this review: structural steel beams have been determined to be affiliated in 11, 2004. greater than 400 pounds per linear foot recent reviews of other antidumping DSM submitted its response to section or with a web or section height (also duty orders covering PORs that overlap A of the questionnaire on January 7, known as depth) over 40 inches. with the POR of the current review of 2004, and its response to sections B and The merchandise subject to this structural steel beams from Korea. (See C of the questionnaire on February 9, Certain Cut-to-Length Carbon-Quality 2004. On March 9, 2004, the Department review is classified in the Harmonized Tariff Schedule of the United States Steel Plate Products From the Republic issued a supplemental questionnaire to of Korea: Preliminary Results and DSM for Section A, to which DSM (‘‘HTSUS’’) at subheadings: 7216.32.00000, 7216.33.0030, Rescission in Part of Antidumping Duty responded on April 6, 2004. On April Administrative Review, 68 FR 62770, 15, 2004, the Department issued a 7216.33.0060, 7216.33.0090, 7216.50.0000, 7216.61.0000, 62771 (November 6, 2003), unchanged supplemental questionnaire to DSM for in Certain Cut-to-Length Carbon-Quality Section B, to which DSM responded on 7216.69.0000, 7216.91.0000, 7216.99.0000, 7216.99.0010, Steel Plate Products from the Republic May 10, 2004. On May 3, 2004, the of Korea: Final Results and Rescission Department issued a supplemental 7216.99.0090, 7228.70.3040, and 7228.70.6000. Although the HTSUS in Part of Antidumping Duty questionnaire to DSM for Section C, to Administrative Review, 69 FR 26361 which DSM responded on May 27, subheadings are provided for convenience and Customs purposes, the (May 12, 2004), with a POR of February 2004. 1, 2002, through January 31, 2003; and DSM submitted its response to written description of the merchandise Steel Concrete Reinforcing Bar From the Section D of the questionnaire on May is dispositive. Republic of Korea: Final Results of 4, 2004. On July 22, 2004, the Product Comparisons Antidumping Duty Administrative Department issued an additional Review, 69 FR 19399 (April 13, 2004), supplemental questionnaire to DSM, In accordance with section 771(16) of and accompanying Issues and Decision covering sections A, B, C, and D, to the Tariff Act, we considered all Memorandum at Comment 1, with a which DSM responded on August 20, structural steel beams produced by DSM POR of January 30, 2001, through 2004. and INI covered by the description in Both INI and DSM indicated in their August 31, 2002). the ‘‘Scope of the Review’’ section of In the current structural steel beams initial Section A responses that no this notice, supra, which were sold in review, DSM stated in its January 7, further manufacturing in the United the home market during the reporting 2004, Section A response at page 9 that States was performed by an affiliate or period for home market sales, to be the DKI ceased to be affiliated with DSM as a contractor, and neither provided foreign like product for the purpose of of January 2001 because of a change in responses to Section E of the determining appropriate product DKI’s ownership percentage of DSM. questionnaire. comparisons to structural steel beams Because it was not practicable to However, this change took place prior to products sold in the United States. In complete this review within the normal the previous (August 1, 2001, through making product comparisons, we time frame, on December 16, 2003, the July 31, 2002) POR, and this information matched products based on the physical Department extended the time limit for was also accounted for in the characteristics identified in our the preliminary results of the Department’s affiliation decisions in the questionnaire and reported by DSM and administrative review to August 30, aforementioned proceedings. INI as follows (listed in order of 2004 (see Structural Steel Beams From Furthermore, DSM acknowledged that preference): hot-formed or cold-formed, Korea: Extension of Time Limit for some of the major owners of DKI are shape/size (section depth), strength/ Preliminary Results of Antidumping relatives of some of the major owners of grade, whether or not coated. Where Duty Administrative Review, 69 FR DSM (see January 7, 2004, Section A 16894 (March 31, 2004)). there were no sales of identical response at page 9), as was the case in merchandise in the home market to the previous review, and did not Period of Review compare to U.S. sales, we compared provide any additional arguments why The POR is from August 1, 2002, to U.S. sales to the next most similar the Department should determine July 30, 2003. foreign like product on the basis of the differently in this review. DSM has characteristics and reporting since continued to maintain that it is Scope of the Review instructions listed in the questionnaire, not affiliated with DKI (see DSM’s The products covered by this review or to constructed value (CV), as August 20, 2004, supplemental are doubly-symmetric shapes, whether appropriate. questionnaire response in footnote 8 at

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page 23), but DSM did not provide any freight, U.S. duties, and U.S. brokerage of the starting price sale, which is additional information or explanation to expenses. We made an addition to U.S. usually from the exporter to the demonstrate that any substantive change price for duty drawback pursuant to importer. For CEP, it is the level of the has taken place. Consequently, we find section 772(c)(1)(B) of the Tariff Act. constructed sale from the exporter to the sufficient evidence to conclude that importer. DSM DSM and DKI continue to be affiliated To determine whether NV sales are at based on the record of this review, given For DSM, we calculated CEP based on a different LOT than EP or CEP sales, we the lack of any new information which the prices from Dongkuk International, examine stages in the marketing process would lead us to conclude otherwise. Inc. (DKA), a U.S. affiliate of DSM, to and selling functions along the chain of unaffiliated purchasers in the United distribution between the producer and Normal Value Comparisons States. We made deductions for the customer. If the comparison market To determine whether sales of movement expenses in accordance with sales are at a different LOT and that structural steel beams from Korea to the section 772(c)(2)(A) of the Tariff Act; difference affects price comparability (as United States were made at less than these included, where appropriate, manifested in a pattern of consistent normal value (NV), we compared the foreign inland freight from the plant to price differences between the sales on export price (EP) or the constructed the port of export, foreign brokerage and which NV is based and comparison- export price (CEP) to the NV, as handling expenses incurred by DSM market sales at the LOT of the export described in the ‘‘Export Price,’’ and DKI (i.e., loading and unloading transaction), we make an LOT ‘‘Constructed Export Price,’’ and charges, wharfage and lashing expenses, adjustment under section 773(a)(7)(A) of ‘‘Normal Value’’ sections of this notice, brokerage fees, and port renovation the Tariff Act. Finally, for CEP sales, if below. In accordance with section expenses), international freight, marine the NV level is more remote from the 777A(d)(2) of the Tariff Act, we insurance, other U.S. transportation factory than the CEP level and there is compared the EPs and CEPs of expenses (i.e., U.S. wharfage, brokerage, no basis for determining whether the individual U.S. transactions to the and handling charges), and U.S. differences in the levels between NV monthly weighted-average NVs of the customs duty. Also, we made and CEP sales affects price foreign like product where there were deductions for commissions for selling comparability, we adjust NV under sales at prices above the cost of the subject merchandise in the United section 773(A)(7)(B) of the Tariff Act production (COP), as discussed in the States in accordance with section (the CEP offset provision). (See Notice of ‘‘Cost of Production’’ section below. 772(d)(1)(A) of the Tariff Act. Final Determination of Sales at Less Additionally, we made deductions for Export Price and Constructed Export Than Fair Value: Certain Carbon Steel expenses that bear a direct relationship Plate from South Africa, 62 FR 61731 Price to the sale in the United States (i.e., (November 19, 1997)). Section 772(a) of the Tariff Act credit, and other direct selling expenses) In identifying levels of trade for CEP, defines EP as ‘‘the price at which the pursuant to section 772(d)(1)(B). We we considered only the selling activities subject merchandise is first sold (or added an amount for duty drawback reflected in the price after the deduction agreed to be sold) before the date of pursuant to section 772(c)(1)(B) of the of expenses and profit under section importation by the producer or exporter Act. 772(d) of the Tariff Act. (See Micron of the subject merchandise outside of For CEP sales, we also made an Technology, Inc. v. United States, 243 the United States to an unaffiliated adjustment for profit in accordance with F.3d 1301, 1314–1315 (Fed. Cir. 2001)). purchaser for exportation to the United section 772 (d)(3) of the Tariff Act. We Generally, if the reported levels of trade States * * *,’’ as adjusted under deducted the profit allocated to are the same in the home and U.S. subsection (c). Section 772(b) of the expenses deducted under sections markets, the functions and activities of Tariff Act defines CEP as ‘‘the price at 772(d)(1) and 772(d)(2) in accordance the seller should be similar. Conversely, which the subject merchandise is first with sections 772(d)(3) and 772(f) of the if a party reports levels of trade that are sold (or agreed to be sold) in the United Tariff Act. In accordance with section different for different categories of sales, States before or after the date of 772(f) of the Tariff Act, we computed the functions and activities should be importation by or for the account of the profit based on total revenue realized on dissimilar. (See Porcelain-on-Steel producer or exporter, to a purchaser not sales in both the U.S. and home Cookware from Mexico; Final Results of affiliated with the producer or exporter markets, less all expenses associated Administrative Review, 65 FR 30068 ***,’’ as adjusted under subsections with those sales. We then allocated (May 10, 2000)). (c) and (d). For the purposes of this profit expenses incurred with respect to In implementing these principles in administrative review, DSM has U.S. economic activity, based on the this administrative review, we obtained classified all of its U.S. sales as CEP ratio of total U.S. expenses to total information from INI and DSM about sales, and INI has classified all of its expenses for both the U.S. and home the marketing stages involved in its U.S. sales as EP sales. markets. reported U.S. and home market sales, including descriptions of the selling INI Level of Trade activities performed for each channel of For INI, we calculated the price of In accordance with section distribution. U.S. sales made prior to importation to 773(a)(1)(B)(i) of the Tariff Act, to the unaffiliated purchasers in the United extent practicable, we determine NV INI States. We made deductions from the based on sales in the comparison market INI indicated its home market sales reported gross price for movement at the same level of trade (LOT) as the were through two channels (sales to expenses in accordance with section CEP transaction. The NV LOT is that of unaffiliated distributors, and sales to 772(c)(2)(A) of the Tariff Act; these the starting-price sales in the affiliated and unaffiliated end-users) included, where appropriate, foreign comparison market or, when NV is and its U.S. sales were through one inland freight from plant to warehouse, based on CV, that of the sales from channel (to unaffiliated U.S. customers). foreign inland freight from plant/ which we derive selling, general and INI did not claim any distinct levels of warehouse to port of exportation, administrative (SG&A) expenses and trade, and its descriptions of selling foreign warehousing, international profit. For EP, the LOT is also the level functions indicated very little variation

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across channels and markets. market to serve as a viable basis for C. Cost of Production Analysis Consequently, we preliminarily calculating NV (i.e., the aggregate In accordance with section 773(b)(3) determine that there is only one level of volume of home market sales of the of the Tariff Act, we calculated the trade in both markets for INI. foreign like product is greater than five weighted-average COP for each model DSM percent of the aggregate volume of U.S. based on the sum of material and sales), we compared the respondent’s fabrication costs for the foreign like DSM claimed only one level of trade volume of home market sales of the product, plus amounts for selling in the home market. (See DSM’s foreign like product to the volume of expenses, general and administrative February 9, 2004, Section B response at U.S. sales of the subject merchandise, in (G&A) expenses, interest expenses and page 22). Additionally, DSM reported accordance with section 773(a)(1)(B) of packing costs. The Department relied on that it sold through two channels of the Tariff Act. Because the respondent’s the COP data reported by INI and DSM. distribution in the home market: aggregate volume of home market sales In determining whether to disregard directly to unaffiliated customers of the foreign like product was greater home market sales made at prices below (distributors and end-users); and than five percent of its aggregate volume the COP, we examined, in accordance government entities. (See DSM’s of U.S. sales for the subject with sections 773(b)(1)(A) and (B) of the February 9, 2004 Section B response at merchandise, we determined the home Tariff Act, whether, within an extended page 10). DSM reported that it period of time, such sales were made in performed a limited range of selling market was viable. (See INI’s April 30, 2004, response at Exhibit A–23 and substantial quantities, and whether such functions in the home market. (See sales were made at prices which DSM’s January 7, 2004, section A DSM’s January 7, 2004 section A response at Appendix A–1). permitted the recovery of all costs response at Appendix 4). Because DSM within a reasonable period of time. performed the same selling functions for B. Affiliated Party Transactions and Pursuant to section 773(b)(2)(C) of the its two channels of distribution in the Arm’s-Length Test Tariff Act, where less than 20 percent of home market and identical selling the respondent’s home market sales of a functions are performed for all home The Department may calculate NV given model were at prices below the market sales, we preliminarily based on a sale to an affiliated party COP, we did not disregard any below- determine there is one LOT in the home only if it is satisfied that the price to the cost sales of that model because we market. affiliated party is comparable to the determined that the below-cost sales DSM claimed one level of trade in the prices at which sales are made to parties were not made within an extended U.S. market. DSM reported it sold not affiliated with the respondent, i.e., period of time in ‘‘substantial through one channel of distribution in sales at arm’s-length. (See section quantities.’’ Where 20 percent or more the U.S. market, directly from its 773(f)(2) of the Tariff Act; see also 19 of the respondent’s home market sales production facility to the unaffiliated CFR 351.403(c)). of a given model were at prices less than U.S. customer. However the complete COP, we disregarded the below-cost sales process was as follows: DSM sold DSM reported no sales to affiliated sales because: (1) they were made the merchandise to an affiliated Korean parties in the home market. INI reported within an extended period of time in trading company, DKI, which then that a small portion of its home market ‘‘substantial quantities,’’ in accordance resold the merchandise to another sales were to affiliated parties. Those with sections 773(b)(2)(B) and (C) of the affiliate, DKA, which resold the sales to affiliated parties amounted to Tariff Act, and (2) based on our merchandise to the unaffiliated U.S. less than five percent of total home comparison of prices to the weighted- customer. (See DSM’s January 7, 2004, market sales, and INI was not required average COPs for the POR, they were at section A response at pages 8 and 9). to report downstream sales of those prices which would not permit the To determine the LOT of the affiliated parties. Sales to affiliated recovery of all costs within a reasonable respondent’s CEP sales, we analyze the customers in the home market not made period of time, in accordance with cumulative selling functions performed at arm’s-length prices are excluded from section 773(b)(2)(D) of the Tariff Act. our analysis because we consider them by DSM and by DKI. With respect to the To determine whether INI made sales to be outside the ordinary course of assorted selling functions identified by at prices below COP, we compared the DSM and its affiliates in DSM’s trade. (See 19 CFR 351.102(b)). To test product-specific COP figures to home response, the record indicates that those whether the sales to affiliates were made market prices net of reported billing selling functions were the same for all at arm’s-length prices, we compared on adjustments, discounts and rebates, and U.S. sales. (See DSM’s January 7, 2004 a model-specific basis the starting prices applicable movement charges of the section A response at Appendix 4). In of sales to affiliated and unaffiliated foreign like product as required under addition, DSM did not identify all of the customers net of all direct selling section 773(b) of the Tariff Act. To functions in the Department’s original expenses, discounts and rebates, determine whether DSM made sales at questionnaire, nor did it appear to movement charges, and packing. Where prices below COP, we compared the identify all of the functions performed applicable, we also made adjustments to product-specific COP figures to home for U.S. sales. Therefore, we gross unit price for reported billing market prices net of applicable preliminarily determine that there is no adjustments. Where prices to the movement charges of the foreign like basis for determining that there is a affiliated party were, on average, within product as required under section distinct, less advanced LOT for U.S. a range of 98 to 102 percent of the price 773(b) of the Tariff Act. sales than for home market sales. of identical or comparable merchandise Our cost test for INI and for DSM Therefore, no LOT adjustment or CEP to the unaffiliated parties, we revealed that for home market sales of offset is warranted. determined that the sales made to the certain models, less than 20 percent of Normal Value affiliated party were at arm’s length. In the sales volume (by weight) of those accordance with the Department’s models were at prices below the COP. A. Selection of Comparison Market practice, we disregarded sales to We therefore retained all such sales To determine whether there is a affiliated parties that we determined observations in our analysis and used sufficient volume of sales in the home were not made at arm’s length. them in the calculation of NV. Our cost

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test also indicated that for certain INI the Department was unable to determine days after the date of publication of this models, 20 percent or more of the home NV on the basis of contemporaneous notice. Parties who submit arguments in market sales volume (by weight) were matches in accordance with section these proceedings are requested to sold at prices below COP within an 773(a)(1)(B)(i) of the Act, we based NV submit with the argument: (1) A extended period of time and were at on CV. statement of the issue, (2) a brief prices which would not permit the For DSM, we based NV on the home summary of the argument, and (3) a recovery of all costs within a reasonable market prices to unaffiliated purchasers. table of authorities. Further, we would period of time; for DSM that was not the We made adjustments for discounts. We appreciate it if parties submitting case case. Thus, in accordance with section made adjustments, where appropriate, briefs, rebuttal briefs, and written 773(b)(1) of the Tariff Act, for INI we for physical differences in the comments would provide the excluded these below-cost sales from merchandise in accordance with section Department with an additional copy of our analysis and used the remaining 773(a)(6)(C)(ii) of the Tariff Act. We the public version of any such argument above-cost sales in the calculation of made adjustments, where applicable, for on diskette. The Department will issue NV. movement expenses (i.e., inland freight final results of this administrative from plant to customer) in accordance review, including the results of our D. Constructed Value with section 773(a)(6)(B) of the Tariff analysis of the issues in any such case In accordance with section 773(e) of Act. We made circumstance-of-sale briefs, rebuttal briefs, and written the Tariff Act, for both INI and DSM, we adjustments for credit, where comments or at a hearing, within 120 calculated CV based on the sum of the appropriate, in accordance with section days of publication of these preliminary respondent’s material and fabrication 773(a)(6)(C)(iii) of the Tariff Act. In results. costs, SG&A expenses, profit, and U.S. accordance with section 773(a)(6) of the The Department shall determine, and packing costs. We calculated the COP Tariff Act, we deducted home market CBP shall assess, antidumping duties on component of CV as described above in packing costs and added U.S. packing all appropriate entries. The Department the ‘‘Cost of Production Analysis’’ costs. Finally, in accordance with will issue appropriate appraisement section of this notice. In accordance section 773(a)(4) of the Tariff Act, where instructions directly to CBP upon with section 773(e)(2)(A) of the Tariff the Department was unable to determine completion of the review. For the Act, we based SG&A expenses and NV on the basis of contemporaneous preliminary results, we calculated profit on the amounts incurred and matches in accordance with importer-specific assessment rates based realized by the respondent in 773(a)(1)(B)(i), we based NV on CV. upon importer information provided by connection with the production and sale INI and DSM. Furthermore, the Currency Conversion of the foreign like product in the following deposit requirements will be ordinary course of trade, for We made currency conversions into effective upon completion of the final consumption in the foreign country. For U.S. dollars, in accordance with section results of this administrative review for selling expenses, we used the weighted- 773A(a) of the Tariff Act, based on the all shipments of structural steel beams average home market direct and indirect exchange rates in effect on the dates of from Korea entered, or withdrawn from selling expenses. the U.S. sales as certified by the Federal warehouse, for consumption on or after Reserve Bank. E. Price-to-Price Comparisons the publication date of the final results Preliminary Results of Review of this administrative review, as We calculated NV based on prices to provided by section 751(a)(1) of the unaffiliated customers and prices to As a result of our review, we Tariff Act: affiliated customers we determined to preliminarily determine the weighted- (1) The cash deposit rates for the be at arm’s length for home market sale average dumping margin for the period companies reviewed will be the rates observations that passed the cost test, August 1, 2002, through July 31, 2003, established in the final results of review; and made adjustments, where to be as follows: (2) For any previously reviewed or appropriate, for physical differences in investigated company not listed above, the merchandise in accordance with Margin Manufacturer/Exporter (percent) the cash deposit rate will continue to be section 773(a)(6)(C)(ii) of the Tariff Act. the company-specific rate published for For INI, we made adjustments to gross INI Steel Company ...... 16.62 the most recent period; unit price, where applicable, for billing Dongkuk Steel Mill Co., Ltd. 4.39 (3) If the exporter is not a firm adjustments, discounts and rebates, and covered in this review, a previous interest revenue, and made deductions, The Department will disclose review, or the less-than-fair-value where applicable, for foreign inland calculations performed within five days (LTFV) investigation, but the freight (i.e., inland freight from plant to of the date of publication of this notice manufacturer is, the cash deposit rate distribution warehouse, and inland in accordance with 19 CFR 351.224(b). will be the rate established for the most freight from plant/distribution An interested party may request a recent period for the manufacturer of warehouse to customer), pursuant to hearing within thirty days of the merchandise; and section 773(a)(6)(B) of the Tariff Act. In publication of these preliminary results. (4) If neither the exporter nor the accordance with section 773(a)(6)(A) (See 19 CFR 351.310(c)). Any hearing, if manufacturer is a firm covered in this or and (B) of the Tariff Act, we deducted requested, will be held 37 days after the any previous review conducted by the home market packing costs and added date of publication, or the first business Department, the cash deposit rate will U.S. packing costs. We made day thereafter, unless the Department be the ‘‘all others’’ rate of 37.21 percent adjustments for differences in alters the date per 19 CFR 351.310(d). from the LTFV investigation; (see Notice circumstances of sale, where applicable, Interested parties may submit case briefs of Amended Final Determination of for commissions, home market credit or written comments no later than 30 Sales at Less Than Fair Value: expenses, warranty expenses, and U.S. days after the date of publication of Structural Steel Beams From South imputed credit expenses, in accordance these preliminary results of review. Korea, 65 FR 50501 (August 18, 2000) with section 773(a)(6)(C)(iii) of the Rebuttals to written comments, limited and Structural Steel Beams From South Tariff Act. Finally, in accordance with to issues raised in the case briefs and Korea: Notice of Antidumping Duty section 773(a)(4) of the Tariff Act, where comments, may be filed no later than 35 Order, 65 FR 50502 (August 18, 2000)).

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This notice also serves as a scope of issues and alternatives to determinations under NMFS’ 4(d) Rule preliminary reminder to importers of include in the EIS. (July 10, 2000, 65 FR 42422). their responsibility under 19 CFR DATES: Written scoping comments are Consequently, NMFS must take two 351.402(f) to file a certificate regarding encouraged and should be received at connected actions: (1) Allocate and the reimbursement of antidumping the appropriate address or fax number distribute Mitchell Act funds for duties prior to liquidation of the (see ADDRESSES) no later than 5 p.m. Columbia River hatchery operations; relevant entries during this review Pacific time on December 2, 2004. If the and, (2) make ESA determinations on period. Failure to comply with this response to this Notice indicates there is the operation of Mitchell Act hatchery requirement could result in the a need, one or more public scoping programs. Secretary’s presumption that meetings will be held. NMFS will notify NMFS is seeking public input on the reimbursement of antidumping duties the public of the time, date, and location scope of the proposed action, including occurred and the subsequent assessment of the meeting(s) in a subsequent the range of reasonable alternatives and of double antidumping duties. Federal Register. the associated impacts of any We are issuing and publishing this ADDRESSES: Address comments and alternatives. Alternatives evaluated in notice in accordance with sections requests for information related to the EIS may include: (1) current 751(a)(1) and 777(i)(1) of the Tariff Act. preparation of the EIS, requests for operation and funding of Mitchell Act Dated: August 30, 2004. public meetings, or requests to be added hatchery programs (i.e., No Action James J. Jochum, to the mailing list for this project, to Alternative); (2) where feasible, a conversion of hatchery programs Assistant Secretary for Import Allyson Ouzts, NMFS Northwest Administration. Regional Office, 525 N.E. Oregon Street, currently operated to augment harvest into programs designed to aid in [FR Doc. E4–2069 Filed 9–2–04; 8:45 am] Suite 510, Portland, OR 97232; facsimile recovery of ESA listed salmon and BILLING CODE 3510–P (503) 872–2737. Comments may be submitted by e-mail to the following steelhead; (3) movement of some address: [email protected]. hatchery production to areas upstream DEPARTMENT OF COMMERCE In the subject line of the e-mail, include to accommodate different fisheries; (4) a the document identifier: Mitchell Act change in the numbers and species of National Oceanic and Atmospheric Hatchery EIS. Comments and materials salmon and steelhead produced; and (5) Administration received will be available for public an emphasis on maximizing the numbers of harvestable fish in certain [I.D. 083004A] inspection, by appointment, during normal business hours at the above areas. Currently, most funds provided Notice of Intent to Conduct Public address. through the Mitchell Act support Scoping and Prepare an Environmental FOR FURTHER INFORMATION CONTACT: hatcheries located downstream of The Impact Statement on the Funding and Allyson Ouzts at 503–736–4736. In Dalles Dam. However, NMFS will Operation of Columbia River addition, further information on the analyze the use of funds for hatchery Hatcheries Mitchell Act hatchery program may be production throughout the Columbia AGENCY: National Marine Fisheries found at: www.nwr.noaa.gov. River basin in various alternatives. As a Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: The result, all counties with tributaries to Atmospheric Administration (NOAA), Mitchell Act (16 U.S.C. 755 et seq.), the Columbia River that could support Commerce which was approved by Congress on salmon and steelhead production may ACTION: Notice of intent to prepare an May 11, 1938 (Public Law 75–502) and be affected by the proposed action. In environmental impact statement. amended on August 8, 1946 (Public Law Oregon, these counties include: Clatsop, 79–676), provides authority for the Columbia, Multnomah, Clackamas, SUMMARY: NMFS is currently developing funding, operation, and maintenance of Hood River, Wasco, Sherman, Gilliam, options for funding and operation of hatcheries in the Columbia River basin Morrow, Umatilla, Yamhill, Columbia River basin hatcheries in the States of Oregon, Washington, Washington, Polk, Marion, Benton, consistent with the Mitchell Act, and Idaho. NMFS administers funds Linn, Lane, Wheeler, Union, Baker, Endangered Species Act (ESA), treaty appropriated for the Mitchell Act Wallowa, and Grant Counties. In Indian trust responsibilities, and program by Congress and provides Washington, these counties include: broader NMFS objectives for sustainable annual funding to states, tribes, and Pacific, Wahkiakum, Cowlitz, Clark, salmon fisheries under the Magnuson- other Federal agencies for the operation Skamania, Klickitat, Benton, Franklin, Stevens Fishery Conservation and of Columbia River salmon and steelhead Asotin, Columbia, Walla Walla, Management Act (Magnuson-Stevens hatchery programs. Funds are used for Whitman, Yakima, Kittitas, Chelan, Act). This activity is a major Federal salmon and steelhead production, Douglas, Grant, and Okanogan Counties. action significantly effecting the monitoring, reform, and associated In Idaho, these counties include: Latah, environment and, therefore must scientific investigations. Salmon and Clearwater, Nez Perce, Lewis, Idaho, comply with the National steelhead produced in these hatcheries Valley, Lemhi, Custer, and Adams Environmental Policy Act, (NEPA). are for harvest in the Columbia River Counties. NMFS will be the lead agency basin and ocean fisheries consistent The EIS will evaluate, to the extent undertaking the NEPA process for the with the Magnuson-Stevens Act, treaty possible, the effects of each alternative allocation and distribution of Federal Indian trust responsibilities, and Court on the following resources: fish, funding authorized by the Mitchell Act decisions (e.g. U.S. v. Oregon). Under wildlife, water quality, economic for Columbia River basin hatcheries the ESA, NMFS must ensure that benefits, environmental justice, and through preparation of an hatchery operations in the Columbia tribal subsistence and ceremonial Environmental Impact Statement (EIS). River Basin do not jeopardize the fisheries. In addition, each alternative NMFS provides this notice to: advise survival and recovery of ESA listed will be analyzed in terms of estimated other agencies and the public of its salmon or steelhead. Potential ESA costs for implementation and benefits to intent to prepare an EIS; and obtain evaluations include section 7 fisheries and recovery of salmon. The suggestions and information on the consultations, section 10 permits, and Preferred Alternative will be identified

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at the earliest possible time in the EIS amended (42 U.S.C. 4321 et seq.), time frame, or extend the existing process as stipulated by Council on National Environmental Policy Act moratorium indefinitely. Environmental Quality regulations. The Regulations (40 CFR 1500 1508), NOAA On February 13, 2004, NMFS and the Preferred Alternative will identify a Administrative Order 216–6, and other Council published a Notice of Intent in proposed plan for funding and appropriate Federal laws and the Federal Register to prepare a DSEIS operation of Mitchell Act hatchery regulations. in association with Amendment 24 (69 programs after considering funding Dated: August 30, 2004. FR 7187). However, the preliminary availability, consistency with the ESA, Alan D. Risenhoover, environmental review of Amendment 24 potential impacts on environmental indicated that it would not likely have resources, and broader objectives for Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. a significant impact on the quality of the harvest and/or conservation. human environment. Consequently, [FR Doc. 04–20157 Filed 9–2–04; 8:45 am] ESA listed species under NMFS NMFS and the Council are preparing an jurisdiction that may potentially be BILLING CODE 3510–22–S EA, rather than proceeding directly with affected by the proposed action include: the development of a SEIS. This notice Lower Columbia River Chinook Salmon DEPARTMENT OF COMMERCE is intended to inform the public of this (Oncorhynchus tshawytscha); Upper change. Willamette River Chinook Salmon (O. National Oceanic and Atmospheric If the EA results in a Finding of No tshawytscha); Upper Columbia River Administration Significant Impact (FONSI), the EA and Spring-Run Chinook Salmon (O. FONSI will be the final environmental tshawytscha); Snake River Spring/ documents required by the National [I.D. 083004C] Summer-Run Chinook Salmon (O. Environmental Policy Act. If the EA tshawytscha); Snake River Fall-Run Fisheries of the Caribbean, Gulf of reveals that significant environmental Chinook Salmon (O. tshawytscha); Mexico and South Atlantic; Fishery impacts may be reasonably expected to Snake River Sockeye Salmon (O. nerka); Management Plan for the Reef Fish result from the proposed actions, NMFS Columbia River Chum Salmon (O. keta); Resources of the Gulf of Mexico; and the Council will develop a DSEIS to Lower Columbia River Steelhead (O. further evaluate those impacts. mykiss); Upper Willamette River Amendment 24 Authority: 16 U.S.C. 1801 et seq. Steelhead (O. mykiss); Middle Columbia AGENCY: National Marine Fisheries River Steelhead (O. mykiss); Upper Service (NMFS), National Oceanic and Dated: August 30, 2004. Columbia River Steelhead (O. mykiss); Atmospheric Administration (NOAA), Alan D. Risenhoover, and, Snake River Basin Steelhead (O. Commerce. Acting Director, Office of Sustainable mykiss). ESA listed species regulated by Fisheries, National Marine Fisheries Service. ACTION: Notice announcing the the U. S. Fish and Wildlife Service that preparation of an environmental [FR Doc. 04–20158 Filed 9–2–04; 8:45 am] may potentially be affected by the assessment. BILLING CODE 3510–22–S proposed action include bull trout (Salvelinus confluentus) and bald eagles SUMMARY: NMFS, in cooperation with (Haliaeetus leucocephalus). the Gulf of Mexico Fishery Management DEPARTMENT OF COMMERCE Comments and suggestions are invited Council (Council), is preparing an from all interested parties to ensure that environmental assessment (EA) for National Oceanic and Atmospheric the EIS considers the full range of proposed Amendment 24 to the Fishery Administration related issues and alternatives to the Management Plan for Reef Fish [I.D. 082304C] proposed action. NMFS requests that Resources of the Gulf of Mexico (Reef comments be as specific as possible. In Fish FMP). A notice published February South Atlantic Fishery Management particular, NMFS requests information 13, 2004, indicated that Amendment 24 Council; Public Meetings regarding: other possible alternatives; would be supported by a Draft AGENCY: National Marine Fisheries the direct, indirect, and cumulative Supplemental Environmental Impact Service (NMFS), National Oceanic and impacts that implementation of the Statement (DSEIS). This notice is Atmospheric Administration (NOAA), proposed plan could have on intended to inform the public of the Commerce. endangered and threatened species and change in the environmental review their communities and habitats; document supporting Amendment 24. ACTION: Notice of public meetings. potential adaptive management and/or monitoring provisions; funding issues; FOR FURTHER INFORMATION CONTACT: Rick SUMMARY: The South Atlantic Fishery baseline environmental conditions in Leard, phone: 813–228–2815 ext. 228, Management Council (Council) will counties that may be affected; other fax: 813–225–7015, e-mail: hold meetings of its Scientific and plans or projects that might be relevant [email protected]; or Phil Statistical Committee’s (SSC) to this proposed project; and potential Steele, phone: 727–570–5305, fax: 727– Socioeconomic Subcommittee, SSC methods to minimize and mitigate for 570–5583, e-mail: [email protected]. Biological Assessment Subcommittee, impacts. SUPPLEMENTARY INFORMATION: NMFS, in the SSC, and a joint meeting of the SSC Written comments concerning the cooperation with the Council, is and the SSC Selection Committee. The proposed action and its environmental preparing an EA for proposed Council will also hold a joint meeting of review should be directed to NMFS as Amendment 24 to the Reef Fish FMP. its Ecosystem-Based Management described above (see ADDRESSES). All The EA will examine alternatives Committee and Habitat Committee, a comments and materials received, related to the commercial vessel reef joint meeting of its Shrimp Advisory including names and addresses, will be fish permit moratorium, which is Panel and Committee, Shrimp made available to the public upon scheduled to expire on December 31, Committee, Snapper Grouper request. 2005. Specifically, Amendment 24 Committee, Standard Operation, Policy, The environmental review of this includes alternatives that would: allow and Procedure (SOPPs) Committee, Law project will be conducted in accordance the moratorium to expire, extend the Enforcement Committee, Mackerel with the requirements of NEPA, as existing moratorium for a designated Committee, and a joint Executive/

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Finance Committee meeting. In 3. Joint SSC Selection Committee and Fishery Management Council’s SSC addition, there will be a meeting of the SSC Meeting: September 20, 2004, 3 review of the Mackerel Stock full Council. p.m. – 5 p.m. Assessment. DATES: The meeting will be held in The Committees will develop 11. Joint Executive Committee and September 2004. See SUPPLEMENTARY recommendations for expanding the role Finance Committee Meeting: September INFORMATION for specific dates and of the SSC. 23, 2004, 3 p.m. – 6 p.m. times. 4. Joint Ecosystem-Based Management The Committees will meet jointly to and Habitat Committee Meeting: review the current Calendar Year (CY) ADDRESSES: The meeting will be held at September 21, 2004, 8:30 a.m. – 12 noon 2004 budget, the status of the Fiscal Pawleys Plantation, 70 Tanglewood The Ecosystem-Based Management Year (FY) 2005 budget, and receive a Drive, Pawleys Island, SC 29585; and Habitat Committees will meet briefing on the national councils/NOAA telephone: (1–800) 367–9959 or (843) jointly to review the draft Action Plan Fisheries budget planning for FY 2007– 237–6100, fax: 843/237–6069. for Ecosystem-Based Management, 2011. The Committees will develop Copies of documents are available receive a report on workshops, and timeline recommendations for CY 2005– from Kim Iverson, Public Information develop directions to staff. There will 2009 FMP/Amendment/Framework Officer, South Atlantic Fishery also be an opportunity for public input development and approve the grant Management Council, One Southpark on ecosystem-based management. budget for that time period. The Circle, Suite 306, Charleston, SC 29407– 5. Joint Shrimp Advisory Panel and Committees will also develop comments 4699. Committee Meeting: September 21, for proposed changes to National FOR FURTHER INFORMATION CONTACT: Kim 2004, 1:30 p.m. – 5 p.m. Standard 1. Iverson, Public Information Officer; The Shrimp Advisory Panel (AP) will 12. Council Session: September 24, telephone: 843–571–4366 or toll free at meet jointly with the Committee to 2004, 8:30 a.m. – 4 p.m. 866/SAFMC–10; fax: 843–769–4520; review public comments received for From 8:30 a.m. – 8:45 a.m., the email: [email protected]. Amendment 6 to the Shrimp FMP and Council will call the meeting order, the AP will develop recommendations SUPPLEMENTARY INFORMATION: make introductions and roll call, and for the Committee to consider. The AP adopt the meeting agenda. Meeting Dates will also provide input on ecosystem From 8:45 a.m. – 9:15 a.m., the 1. SSC Socioeconomic Subcommittee considerations in the Shrimp FMP and Council will elect its Chairman and and SSC Biological Assessment receive a presentation on the NOAA Vice-Chairman. Subcommittee: September 19, 2004 Fisheries Shrimp Business Plan. From 9:15 a.m. – 10:15 a.m., the (Concurrent Sessions) 6. Shrimp Committee Meeting: Council will receive a report from the September 22, 2004, 8:30 a.m. – 12 noon Shrimp Committee and approve Socioeconomic Subcommittee The Shrimp Committee will meet to Amendment 6 to the Shrimp FMP for Meeting, 1 p.m. – 5 p.m. develop Committee recommendations submission to the Secretary of The SSC Socioeconomic for Shrimp Amendment 6. Commerce. Note: A public comment Subcommittee will meet to discuss the 7. Snapper Grouper Committee period for Amendment 6 to the Shrimp Deepwater (Snowy Grouper and Golden Meeting: September 22, 2004, 1:30 p.m. FMP will be held at 9:15 a.m. tilefish) Assessment, review and –6 p.m. and September 23, 2004, 8:30 From 10:15 a.m. – 10:30 a.m., the comment on the Southeast Data, a.m. – 10 a.m. Council will hear a report from the Assessment, and Review (SEDAR) stock The Snapper Grouper Committee will Snapper Grouper Committee and take assessment process, and review and meet to discuss the structure and timing action as appropriate. comment on data for ecosystem-based of Amendment 13B to the Snapper From 10:30 a.m. – 10:45 a.m., the management. Grouper FMP and stock status Council will hear a joint Executive/ Biological Assessment Subcommittee, determination criteria contained in the Finance Committee report and approve 2 p.m. – 6 p.m. draft document. The Committee will the CY 2005–09 FMP/Amendment/ The SSC Biological Assessment also review preliminary analysis of Framework timelines and grant budget, Subcommittee will meet to discuss the management regarding size limits, bag and National Standard 1 comments. Deepwater (Snowy Grouper and Golden limits, and other management measures. From 10:45 a.m. – 11 a.m., the tilefish) Assessment, review and 8. SOPPs Committee Meeting: Council will hear a report from the comment on the SEDAR stock September 23, 2004, 10 a.m. – 11 a.m. Mackerel Committee and approve assessment process, and discuss the The SOPPs Committee will review the Amendment 15 for public hearing. results of the Gulf of Mexico Fishery Council’s Standard Operating, Policy From 11 a.m. – 11:15 a.m., the Management Council’s SSC review of and Procedures and modify as Council will hear a SOPPs Committee the Mackerel Assessment. appropriate. report and approve the SOPPs for 2. Scientific and Statistical Committee 9. Law Enforcement Committee submission to the Secretary of Meeting: September 20, 2004, 8:30 a.m. Meeting: September 23, 2004, 11 a.m. – Commerce. – 3 p.m. 12 noon From 11:15 a.m. – 11:30 a.m., the The SSC will meet to review the The Law Enforcement Committee will Council will hear a report from the joint Subcommittee reports and develop receive a report on Vessel Monitoring meeting of the Ecosystem-Based recommendations on the Deepwater Systems (VMS) and review the Oculina Management Committee and Habitat Assessment, SEDAR stock assessment Bank Experimental Closed Area Committee. process and data for ecosystem-based evaluation plan. From 11:30 a.m. – 11:45 a.m., the management. The SSC will also provide 10. Mackerel Committee Meeting: Council will hear a report from the SSC input regarding the Ecosystem-Based September 23, 2004, 1:30 p.m. – 3 p.m. Selection Committee. Management or Fishery Ecosystem Plan, The Mackerel Committee will review From 11:45 a.m. – 12 noon, the Amendment 6 to the Shrimp Fishery Amendment 15 to the Coastal Migratory Council will hear a report from the Law Management Plan (FMP), and Pelagics FMP and approve it for public Enforcement Committee. Amendment 13B to the Snapper hearing. The Committee will also From 1 p.m. – 1:30 p.m., the Council Grouper FMP. discuss the results of the Gulf of Mexico will received a briefing on litigation and

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other legal issues affecting the Council Trademark Public Advisory Dated: August 30, 2004. (CLOSED SESSION). Committees. This Notice was published Stephen M. Pinkos, From 1:30 p.m. – 1:45 p.m., the in the Federal Register at 69 FR 46136. Deputy Under Secretary of Commerce for Council will hear a report from the The Notice requested nominations for Intellectual Property and Deputy Director of Information and Education Committee. three (3) members to each Public the United States Patent and Trademark From 1:45 p.m. – 2:15 p.m., the Advisory Committee for terms that Office. Council will receive a report on NOAA begin November 27, 2004. The Notice [FR Doc. 04–20110 Filed 9–2–04; 8:45 am] Fisheries’ Marine Recreational Fisheries further advised that nominations must BILLING CODE 3510–16–P Statistics Survey. be postmarked or electronically From 2:15 p.m. – 2:45 p.m., the transmitted on or before September 3, Council will hear status reports from DEPARTMENT OF DEFENSE NOAA Fisheries. 2004. This notice extends the From 2:45 p.m. – 3 p.m., the Council submission deadline to September 17, Office of the Secretary will hear agency and liaison reports, 2004. discuss other business and upcoming Strategic Environmental Research and DATES: Nominations must be meetings. Development Program, Scientific Documents regarding these issues are postmarked or electronically Advisory Board available from the Council office (see transmitted on or before September 17, AGENCY: Department of Defense. ADDRESSES). 2004. ACTION: Notice. Although non-emergency issues not ADDRESSES: Persons wishing to submit contained in this agenda may come nominations should send the nominee’s SUMMARY: In accordance with Section before this Council for discussion, those resume´ to Chief of Staff, Office of the 10(a)(2) of the Federal Advisory issues may not be the subjects of formal Under Secretary of Commerce for Committee Act (Pub. L. 92–463), Council action during this meeting. Intellectual Property and Director of the announcement is made of the following Council action will be restricted to those USPTO, Post Office Box 1450, Committee meeting. issues specifically listed in this notice Alexandria, Virginia, 22313–1450; by and any issues arising after publication DATES: October 13, 2004 from 8 a.m. to electronic mail to: of this notice that require emergency 5:15 p.m. and October 14, 2004 from 8 action under section 305 (c) of the [email protected] for the a.m. to 4:10 p.m. Magnuson-Stevens Act, provided the Patent Public Advisory Committee or ADDRESSES: SERDP Program Office, 901 public has been notified of the Council’s [email protected] for the North Stuart Street, Suite 804, intent to take final action to address the Trademark Patent Public Advisory Arlington, VA 22203. emergency. Committee; by facsimile transmission FOR FURTHER INFORMATION CONTACT: Ms. Except for advertised (scheduled) marked to the Chief of Staff’s attention Veronica Rice, SERDP Program Office, public hearings and public comment, at (703) 305–8664; or by mail marked to 901 North Stuart Street, Suite 303, the times and sequence specified on this the Chief of Staff’s attention and Arlington, VA or by telephone at (703) agenda are subject to change. addressed to the Office of the Under 696–2119. Secretary of Commerce for Intellectual Special Accommodations SUPPLEMENTARY INFORMATION: Property and Director of the USPTO, These meetings are physically Post Office Box 1450, Alexandria, Matters To Be Considered accessible to people with disabilities. Virginia, 22313–1450. Research and Development proposals Requests for sign language and continuing projects requesting FOR FURTHER INFORMATION CONTACT: interpretation or other auxiliary aids Strategic Environmental Research and should be directed to the Council office Chief of Staff by facsimile transmission Development Program funds in excess (see ADDRESSES) by September 17, 2004. marked to her attention at (703) 305– of $1M will be reviewed. Dated: August 31, 2004. 8664, or by mail marked to her attention This meeting is open to the public. and addressed to the Office of the Under Bruce C. Morehead, Any interested person may attend, Secretary of Commerce for Intellectual Acting Director, Office of Sustainable appear before, or file statements with Fisheries, National Marine Fisheries Service. Property and Director of the USPTO, the Scientific Advisory Board at the Post Office Box 1450, Alexandria, [FR Doc. 04–20159 Filed 9–2–04; 8:45 am] time and in the manner permitted by the Virginia, 22313–1450. BILLING CODE 3510–22–S Board. SUPPLEMENTARY INFORMATION: Dated: August 30, 2004. Background concerning the nominations L.M. Bynum, DEPARTMENT OF COMMERCE may be found at 69 FR 46136. Alternate OSD Federal Register Liaison Officer, Department of Defense. Patent and Trademark Office Procedures for Submitting Nominations [FR Doc. 04–20113 Filed 9–2–04; 8:45 am] [Docket No. 2004–C–042] Submit resume´s for nomination for BILLING CODE 5001–08–M Public Advisory Committees the Patent Public Advisory Committee and the Trademark Public Advisory DEPARTMENT OF DEFENSE AGENCY: Patent and Trademark Office. Committee to: Chief of Staff to the ACTION: Notice and request for Under Secretary of Commerce for Office of the Secretary nominations; extension for submission Intellectual Property and Director of the of nominations. United States Patent and Trademark Revised Non-Foreign Overseas Per Office, utilizing the addresses provided Diem Rates SUMMARY: On August 2, 2004, the above. United States Patent and Trademark AGENCY: Per Diem, Travel and Office issued a ‘‘Notice and Request for Transportation Allowance Committee, Nominations,’’ for its Patent and DoD.

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ACTION: Notice of Revised Non-Foreign Bulletin Number 235 is being published Distribution of Civilian Personnel Per Overseas Per Diem Rates. in the Federal Register to assure that Diem Bulletins by mail was travelers are paid per diem at the most discontinued. Per Diem Bulletins SUMMARY: The Per Diem, Travel and current rates. published periodically in the Federal Transportation Allowance Committee is publishing Civilian Personnel Per Diem EFFECTIVE DATE: September 1, 2004. Register now constitute the only Bulletin Number 235. This bulletin lists SUPPLEMENTARY INFORMATION: This notification of revisions in per diem revisions in the per diem rates document gives notice of revisions in rates to agencies and establishments prescribed for U.S. Government per diem rates prescribed by the Per outside the Department of Defense. For employees for official travel in Alaska, Diem Travel and Transportation more information or questions about per Hawaii, Puerto Rico, the Northern Allowance Committee for non-foreign diem rates, please contact your local Mariana Islands and Possessions of the areas outside the continental United travel office. The text of the Bulletin United States. AEA changes announced States. It supersedes Civilian Personnel follows: in Bulletin Number 194 remain in effect. Per Diem Bulletin Number 234. BILLING CODE 5001–06–M

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[FR Doc. 04–20114 Filed 9–2–04; 8:45 am] BILLING CODE 5001–06–C

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DEPARTMENT OF DEFENSE DATES: Interested persons are invited to Education are required to describe in submit comments on or before October their applications the steps they propose Department of the Army 4, 2004. to take to ensure equitable access to, and ADDRESSES: Written comments should equitable participation in, the proposed Availability for Non-Exclusive, be addressed to the Office of grant activities conducted with federal Exclusive, or Partially Exclusive Information and Regulatory Affairs, funds. The Department has developed a Licensing of U.S. Patent Application Attention: Carolyn Lovett, Desk Officer, single document that provides common Concerning Portable Thermocyler Department of Education, Office of guidance for all competitive and AGENCY: Department of the Army, DoD. Management and Budget, 725 17th formula grant applicants. Requests for copies of the submission ACTION: Notice. Street, NW., Room 10235, New Executive Office Building, Washington, for OMB review; comment request may SUMMARY: In accordance with 37 CFR DC 20503 or faxed to (202) 395–6974. be accessed from http:// 404.6 and 404.7, announcement is made SUPPLEMENTARY INFORMATION: Section edicsweb.ed.gov, by selecting the of the availability for licensing of U.S. 3506 of the Paperwork Reduction Act of ‘‘Browse Pending Collections’’ link and Patent Application No. 10/668,365 1995 (44 U.S.C. Chapter 35) requires by clicking on link number 2568. When entitled ‘‘Portable Thermocycler,’’ filed that the Office of Management and you access the information collection, September 24, 2003. Foreign rights are Budget (OMB) provide interested click on ‘‘Download Attachments’’ to also available (PCT/US03/29749). The Federal agencies and the public an early view. Written requests for information United States Government, as opportunity to comment on information should be addressed to U.S. Department represented by the Secretary of the collection requests. OMB may amend or of Education, 400 Maryland Avenue, Army, has rights in this invention. waive the requirement for public SW., Potomac Center, 9th Floor, Washington, DC 20202–4700. Requests ADDRESSES: Commander, U.S. Army consultation to the extent that public may also be electronically mailed to the Medical Research and Materiel participation in the approval process _ Command, ATTN: Command Judge would defeat the purpose of the Internet address OCIO [email protected] or Advocate, MCMR–JA, 504 Scott Street, information collection, violate State or faxed to 202–245–6621. Please specify Fort Detrick, Frederick, MD 21702– Federal law, or substantially interfere the complete title of the information 5012. with any agency’s ability to perform its collection when making your request. statutory obligations. The Leader, Comments regarding burden and/or FOR FURTHER INFORMATION CONTACT: For Regulatory Information Management the collection activity requirements patent issues, Ms. Elizabeth Arwine, should be directed to Sheila Carey at her Patent Attorney, (301) 619–7808. For Group, Office of the Chief Information Officer, publishes that notice containing e-mail address [email protected]. licensing issues, Dr. Paul Mele, Office of Individuals who use a Research & Technology Assessment, proposed information collection requests prior to submission of these telecommunications device for the deaf (301) 619–6664, both at telefax (301) (TDD) may call the Federal Information 619–5034. requests to OMB. Each proposed information collection, grouped by Relay Service (FIRS) at 1–800–877– SUPPLEMENTARY INFORMATION: This office, contains the following: (1) Type 8339. invention relates to a portable of review requested, e.g. new, revision, [FR Doc. E4–2071 Filed 9–2–04; 8:45 am] thermocycler having a unique geometric extension, existing or reinstatement; (2) BILLING CODE 4001–01–P configuration, which allows the device Title; (3) Summary of the collection; (4) to be made durable, compact and Description of the need for, and adapted for field-use. In general, the proposed use of, the information; (5) DEPARTMENT OF EDUCATION device includes a case, a rotary plate Respondents and frequency of Office of Postsecondary Education; having a plurality of constant collection; and (6) Reporting and/or temperature heating blocks and a Notice Reopening Application Deadline Recordkeeping burden. OMB invites Dates for the Student Support Services plurality of sample wheels, wherein the public comment. wheels are rotatable and pivotable to (SSS) Program Dated: August 31, 2004. allow a plurality of reaction vessels, SUMMARY: The Secretary reopens the Angela C. Arrington, organized in cassettes, to be moved into deadline dates listed in the sections contact with the heating blocks for heat Leader, Regulatory Information Management entitled Dates and IV. Application and Group, Office of the Chief Information Officer. transfer applications. Submission Information, 3. Submission Brenda S. Bowen, Office of the Chief Financial Officer Dates and Times, as published in the Army Federal Register Liaison Officer. Type of Review: Extension. Federal Register on July 8, 2004 (69 FR [FR Doc. 04–20112 Filed 9–2–04; 8:45 am] Title: GEPA Section 427 Guidance for 41235) for the submission of applications from applicants in certain BILLING CODE 3710–08–M All Grant Applications. Frequency: One-time. nationally declared disaster areas. The Affected Public: State, Local, or Tribal Secretary takes this action to allow more time for the preparation and submission DEPARTMENT OF EDUCATION Gov’t, SEAs or LEAs; Businesses or other for-profit; Not-for-profit of applications by potential applicants Submission for OMB Review; institutions. who have been affected by severe Comment Request Reporting and Recordkeeping Hour weather conditions in certain counties Burden: in Florida and in the Commonwealth of AGENCY: Department of Education. Responses: 21,200. the Northern Mariana Islands. The SUMMARY: The Leader, Regulatory Burden Hours: 31,800. reopening of these deadline dates is Information Management Group, Office Abstract: In compliance with section intended to help the potential of the Chief Information Officer invites 427 of the General Education Provisions applicants compete fairly with other comments on the submission for OMB Act (GEPA), as amended by Public Law applicants under these competitions. review as required by the Paperwork 103–282, all applicants for grant awards Eligibility: The new deadline date will Reduction Act of 1995. made by the U.S. Department of apply to you if you are a potential

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applicant from The Commonwealth of DEPARTMENT OF EDUCATION Administrative Regulations (EDGAR) in the Northern Mariana Islands, or from a 34 CFR parts 74, 75, 77, 79, 82, 84, 85, county on the following list. The Office of Postsecondary Education 86, 97, 98, and 99. President has declared a major disaster As there are no program-specific for the following counties in Florida as Overview Information; Technological regulations, we encourage each a result of Hurricane Charley and Innovation and Cooperation for potential applicant to read the Tropical Storm Bonnie. Foreign Information Access; Notice authorizing statute for the TICFIA Inviting Applications for New Awards program in section 606 of title VI, part Counties: Brevard, Charlotte, Collier, for Fiscal Year (FY) 2005 DeSoto, Dixie, Duval, Flagler, Glades, A, of the Higher Education Act of 1965, Hardee, Hendry, Highlands, Indian Catalog of Federal Domestic Assistance as amended (HEA), 20 U.S.C. 1126. River, Lake, Lee, Levy, Manatee, (CFDA) Number: 84.337A. Note: The regulations in 34 CFR part 79 Monroe, Okeechobee, Orange, Osceola, DATES: Applications Available: apply to all applicants except federally Pasco, Polk, St. Johns, Sarasota, September 14, 2004. recognized Indian tribes. Seminole, and Volusia. Deadline for Transmittal of Applications: November 17, 2004. Note: The regulations in 34 CFR part 86 SUPPLEMENTARY INFORMATION: The new apply to institutions of higher education Deadline for Intergovernmental only. deadline date for eligible applicants to Review: January 17, 2005. transmit applications for this program is Eligible Applicants: Institutions of II. Award Information September 14, 2004. The deadline date higher education, public or nonprofit for Intergovernmental Review under private libraries, or consortia of such Type of Award: Discretionary grants. Executive Order 12732 remains as institutions or libraries may apply. Estimated Available Funds: The originally published. Estimated Available Funds: The Administration has requested $1,700,000 for this program for FY 2005. FOR FURTHER INFORMATION CONTACT: Administration has requested Deborah I. Walsh or Dorothy Marshall, $1,700,000 for this program for FY 2005. The actual level of funding, if any, U.S. Department of Education, 1990 K The actual level of funding, if any, depends on final congressional action. Street, NW., suite 7000, Washington, DC depends on final congressional action. However, we are inviting applications to 20006–8510. Telephone: (202) 502–7600 However, we are inviting applications to allow enough time to complete the grant or by e-mail: [email protected]. allow enough time to complete the grant process if Congress awards funds for process if Congress appropriates funds this program. If you use a telecommunications for this program. Estimated Range of Awards: device for the deaf (TDD), you may call Estimated Range of Awards: $100,000–$200,000. the Federal Information Relay Service $100,000–$200,000. Estimated Average Size of Awards: (FIRS) at 1–800–877–8339. Estimated Average Size of Awards: $170,000. Individuals with disabilities may $170,000. Maximum Award: We will reject any obtain this document in an alternative Maximum Award: We will reject any application that proposes a budget format (e.g., Braille, large print, application that proposes a budget exceeding $200,000 for a single budget audiotape, or computer diskette) on exceeding $200,000 for a single budget period of 12 months. The Assistant request to the program contact persons period of 12 months. The Assistant Secretary for Postsecondary Education listed in this section. Secretary for Postsecondary Education may change the maximum amount Electronic Access to This Document: may change the maximum amount through a notice published in the You may view this document, as well as through a notice published in the Federal Register. all other documents of this Department Federal Register. Estimated Number of Awards: 10. published in the Federal Register, in Estimated Number of Awards: 10. Note: The Department is not bound by any text or Adobe Portable Document Note: The Department is not bound by any estimates in this notice. Format (PDF) on the Internet at the estimates in this notice. Project Period: Up to 48 months. following site: http://www.ed.gov/news/ Project Period: Up to 48 months. fedregister. III. Eligibility Information Full Text of Announcement To use PDF you must have Adobe 1. Eligible Applicants: Institutions of Acrobat Reader, which is available free I. Funding Opportunity Description higher education, public or nonprofit at this site. If you have questions about Purpose of Program: The purpose of private libraries, or consortia of such using PDF, call the U.S. Government the Technological Innovation and institutions or libraries may apply. Printing Office (GPO), toll free, at 1– Cooperation for Foreign Information 2. Cost Sharing or Matching: The 888–293–6498; or in the Washington, Access (TICFIA) Program is to support matching requirement is described in DC area at (202) 512–1530. projects that will develop innovative section 606(d) of the HEA. The statute states that the Federal share of the total Note: The official version of this document techniques or programs using new is the document published in the Federal electronic technologies to collect cost of carrying out a program supported Register. Free Internet access to the official information from foreign sources. Grants by a grant under this program shall not edition of the Federal Register and the Code will be made to access, collect, organize, exceed 662⁄3 percent. The non-Federal of Federal Regulations is available on GPO preserve, and widely disseminate share of such costs may be provided Access at: http://www.gpoaccess.gov/nara/ information on world regions and either in-kind or in cash, and may index.htm. countries other than the United States include contributions from private sector corporations or foundations. Dated: September 1, 2004. that address our Nation’s teaching and research needs in international Sally L. Stroup, IV. Application and Submission education and foreign languages. Assistant Secretary for Postsecondary Information Education. Program Authority: 20 U.S.C. 1126. 1. Address to Request Application [FR Doc. 04–20196 Filed 9–2–04; 8:45 am] Applicable Regulations: (a) The Package: Mrs. Susanna Easton, BILLING CODE 4000–01–U Education Department General International Education Programs

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Service, U.S. Department of Education, available through the Department’s e- unable to submit an application 1990 K Street, NW., 6th floor, GRANTS system. For information electronically, you must submit a paper Washington, DC 20006–8521. (including dates and times) about how application in accordance with the mail Telephone: (202) 502–7628 or by e-mail: to submit your application or hand delivery instructions described [email protected]. electronically through the e-GRANTS in this notice. The paper application If you use a telecommunications system or to request a waiver of the must include a written request for a device for the deaf (TDD), you may call electronic submission requirement, waiver documenting the reasons that the Federal Information Relay Service please refer to Section IV.6. Other prevented you from using the Internet to (FIRS) at 1–800–877–8339. Submission Requirements in this notice. submit your application. Individuals with disabilities may Deadline for Intergovernmental Review: When using e-Application to obtain a copy of the application package January 17, 2005. complete the application, you will be in an alternative format (e.g., Braille, 4. Intergovernmental Review: This entering data online. Do not e-mail an large print, audiotape, or computer program is subject to Executive Order electronic copy of any part of a grant diskette) by contacting the program 12372 and the regulations in 34 CFR application to us. The data that is contact person listed in this section. part 79. Information about entered online will be saved into a 2. Content and Form of Application Intergovernmental Review of Federal database. Submission: Requirements concerning Programs under Executive Order 12372 If you participate in e-Application, the content of an application, together is in the application package for this please note the following: with the forms you must submit, are in program. • You must submit the grant the application package for this 5. Funding Restrictions: We reference application electronically through the program. regulations outlining funding Internet using the software provided on Page Limit: The application narrative restrictions in the Applicable the e-Grants Web site (http://e- (Part III of the application) is where you, Regulations section of this notice. grants.ed.gov) by 4:30 p.m., Washington, the applicant, address the selection 6. Other Submission Requirements: DC time, on the application deadline criteria that reviewers use to evaluate We are requiring that applications for date. The regular hours of operation of your application. You must limit Part III grants under this program be submitted the e-Grants Web site are 6 a.m. Monday to the equivalent of no more than 40 electronically, unless the applicant until 7 p.m. Wednesday; and 6 a.m. pages, using the following standards: requests a waiver of this requirement in Thursday until midnight Saturday, • A ‘‘page’’ is 8.5″ x 11″, on one side accordance with the instructions in this Washington, DC time. Please note that only, with 1″ margins at the top, bottom, section. the system is unavailable on Sundays, and both sides. a. Electronic Submission of and after 7 p.m. on Wednesdays for • Double space (no more than three Applications. maintenance, Washington, DC time. lines per vertical inch) all text in the Applications for grants under the Any modifications to these hours are application narrative, including titles, Technological Innovation and posted on the e-Grants Web site. We headings, footnotes, quotations, Cooperation For Foreign Information strongly recommend that you do not references, and captions. However, you Access Program—CFDA Number wait until the application deadline date may single space all text in charts, 84.337A must be submitted to initiate an e-Application package. tables, figures and graphs. electronically using e-Application • You will not receive additional • Use a font that is either 12-point or available through the Department’s e- point value because you submit the larger or no smaller than 10 pitch GRANTS system. The e-GRANTS application in electronic format, nor (characters per inch). However, you may system is accessible through its portal will we penalize you if you request a use a 10-point font in charts, tables, page at: http://e-grants.ed.gov. waiver and submit the application in figures, and graphs. Unless a waiver of the electronic paper format because you were The page limit does not apply to the submission requirement has been prevented from submitting the cover sheet; the budget section, requested by the applicant in application electronically as required. including the narrative budget accordance with the procedures in this • You must submit all documents justification; the assurances and section, all portions of the application electronically, including the certifications; or the one-page abstract or must be submitted electronically. Application for Federal Education the appendices. However, you must If you are unable to submit an Assistance (ED 424) and all necessary include your complete response to the application through the e-GRANTS assurances and certifications. selection criteria in the application system, you must submit a written • Your e-Application must comply narrative. request for a waiver of the electronic with any page limit requirements We will reject your application if— submission requirement. In your described in this notice. • You apply these standards and request, you should explain the reason • After you submit your application exceed the page limit; or or reasons that prevent you from using to the Department, you will receive an • You apply other standards and the Internet to submit your application. automatic acknowledgement, which exceed the equivalent of the page limit. You should address this request to: Mrs. will include a PR/Award number (an 3. Submission Dates and Times: Susanna Easton, International Education identifying number unique to your Applications Available: September 14, Programs Service, U.S. Department of application). 2004. Education, 1990 K Street, NW., 6th • Within three working days after you Deadline for Transmittal of floor, Washington, DC 20006–8521. submit your electronic application, you Applications: November 17, 2004. Please submit the request no later than must fax a signed copy of the We do not consider an application two weeks before the application Application for Federal Education that does not comply with the deadline deadline date. Your paper application Assistance (ED 424) to the Application requirements. must be submitted in accordance with Control Center after following these We are requiring that applications for the mail or hand delivery instructions steps: grants under this program be submitted described in this notice. 1. Print ED 424 from e-Application. electronically using the Electronic Grant If, within two weeks of the 2. The applicant’s Authorizing Application System (e-Application) application deadline date, you are Representative must sign this form.

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3. Place the PR/Award number in the 4. Any other proof of mailing statute (20 points), (b) need for project upper right hand corner of the hard acceptable to the U.S. Secretary of (10 points), (c) significance (12 points), copy signature page of the ED 424. Fax Education. (d) quality of the project design (12 the signed ED 424 to the Application If you mail the application through points), (e) quality of key personnel (8 Control Center at (202) 245–6272. the U.S. Postal Service, please note that points), (f) quality of project personnel • We may request that you give us we do not accept either of the following (6 points), (g) adequacy of resources (12 original signatures on other forms at a as proof of mailing: points), (h) quality of the management later date. 1. A private metered postmark, or plan (10 points), (i) quality of the project Application Deadline Date Extension 2. A mail receipt that is not dated by evaluation (10 points). in Case of System Unavailability: If you the U.S. Postal Service. If your Note: Applicants should address these are prevented from submitting your application is post marked after the selection criteria only in the context of the application on the application deadline application deadline date, we will program requirements in section 606 of the date because the e-Application system is notify you that we will not consider the HEA. unavailable, we will grant you an application. extension of one business day in order Note: Applicants should note that the U.S. VI. Award Administration Information to transmit your application Postal Service does not uniformly provide a 1. Award Notices: If your application electronically, by mail, or by hand dated postmark. Before relying on this is successful, we notify your U.S. delivery. We will grant this extension method, applicants should check with their Representative and U.S. Senators and if— local post office. send you a Grant Award Notification 1. The applicant’s Project Director is c. Submission of Paper Applications (GAN). We may also notify you a registered user of e-Application and by Hand Delivery. informally. has initiated an e-Application for this If you have requested a waiver of the If your application is not evaluated or competition; and not selected for funding, we notify you. 2. (a) The e-Application system is electronic submission requirement, you 2. Administrative and National Policy unavailable for 60 minutes or more (or a courier service) may deliver the Requirements: We identify between the hours of 8:30 a.m. and 3:30 paper application to the Department by administrative and national policy p.m., Washington, DC time, on the hand. The original and two copies of requirements in the application package application deadline date; or your application must be hand- (b) The e-Application system is delivered on or before the application and reference these and other unavailable for any period of time deadline date to the following address: requirements in the Applicable during the last hour of operation (that is, U.S. Department of Education, Regulations section of this notice. We reference the regulations outlining for any period of time between 3:30 p.m. Application Control Center, Attention: the terms and conditions of an award in and 4:30 p.m., Washington, DC time) on (CFDA Number 84.337A), 550 12th the Applicable Regulations section of the application deadline date. Street, SW., Room 7041, Potomac Center We must acknowledge and confirm Plaza, Washington, DC 20202–4260. The this notice and include these and other these periods of unavailability before Application Control Center accepts specific conditions in the GAN. The granting you an extension. To request deliveries daily between 8 a.m. and 4:30 GAN also incorporates your approved this extension or to confirm our p.m., Washington, DC time, except application as part of your binding acknowledgement of any system Saturdays, Sundays and Federal commitments under the grant. unavailability, you may contact either holidays. A person delivering an 3. Reporting: At the end of your (1) the person listed elsewhere in this application must show identification to project period, you must submit a final performance report, including financial notice under FOR FURTHER INFORMATION enter the building. information, as directed by the CONTACT (see VII. Agency Contact) or (2) Note for Mail or Hand Delivery of the e-GRANTS help desk at 1–888–336– Paper Applications: If you mail or hand Secretary. If you receive a multi-year 8930. deliver your application to the award, you must submit an annual b. Submission of Paper Applications Department: performance report that provides the by Mail. 1. You must indicate on the envelope most current performance and financial If you have requested a waiver of the and—if not provided by the expenditure information as specified by electronic submission requirement, you Department—in Item 4 of the the Secretary in 34 CFR 75.118. The may mail (through the U.S. Postal Application for Federal Education applicant is required to use the Service or a commercial carrier) your Assistance (ED 424 (exp. 11/30/2004)) electronic data instrument EELIAS to paper application to the Department. the CFDA number—and suffix letter, if complete the final report. The original and two copies of the any—of the competition under which VII. Agency Contact application must be mailed on or before you are submitting the application. the application deadline date to the 2. The Application Control Center FOR FURTHER INFORMATION CONTACT: Mrs. following address: U.S. Department of will mail a Grant Application Receipt Susanna Easton, International Education Education, Application Control Center, Acknowledgment to you. If you do not Programs Service, U.S. Department of Attention: (CFDA Number 84.337A), receive the notification of application Education, 1990 K Street, NW., 6th 400 Maryland Avenue, SW., receipt within 15 days from the mailing floor, Washington, DC 20006–8521. Washington, DC 20202. of your application, you should call the Telephone: (202) 502–7628 or by e-mail: You must show proof of mailing U.S. Department of Education [email protected]. consisting of one of the following: Application Control Center at (202) If you use a telecommunications 1. A legibly dated U.S. Postal Service 245–6288. device for the deaf (TDD), you may call Postmark; the Federal Information Relay Service V. Application Review Information 2. A legible mail receipt with the date (FIRS) at 1–800–877–8339. of mailing stamped by the U.S. Postal Selection Criteria: The selection Individuals with disabilities may Service; criteria for this program from EDGAR obtain this document in an alternative 3. A dated shipping label, invoice, or (34 CFR 75.210) are as follows: (a) format (e.g., Braille, large print, receipt from a commercial carrier; or Meeting the purpose of the authorizing audiotape, or computer diskette) on

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request to the program contact person The first day of the National Committee Military and Overseas Voters Best listed in this section. meeting, originally scheduled from 9 Practice Report; HAVA College Program a.m. until approximately 4:45 p.m. on Update; Polling Place Access for VIII. Other Information Thursday, September 16, 2004, will now Individuals with Disabilities Update— Electronic Access to This Document: be scheduled from 8:30 a.m. until U.S. Department of Health and Human You may view this document, as well as approximately 5 p.m. on that day. Services; National Voter Registration all other documents of this Department (2) The second day of the National Week Kickoff; EAC Management published in the Federal Register, in Committee meeting, originally Update. The Commission will also text or Adobe Portable Document scheduled from 8:30 a.m. until receive the following presentation: Format (PDF) on the Internet at the approximately 11:30 a.m. on Friday, National Poll Worker Initiative Panel following site: http://www.ed.gov/news/ September 17, 2004, will now be Presentation. Panelists will include Ms. fedregister. scheduled from 8 a.m. until Rebecca Vigil-Giron—Secretary of State To use PDF you must have Adobe approximately noon on that day. of New Mexico and President of the Acrobat Reader, which is available free (3) Liberia, which was originally National Association of Secretaries of at this site. If you have questions about scheduled for review during the State (NASS); Ms. Barbara Jackson, using PDF, call the U.S. Government National Committee’s September 2004 Election Director, Baltimore City, Printing Office (GPO), toll free, at 1– meeting, will be postponed for review Maryland; Ms. Rose MarcAntonio, Poll 888–293–6498; or in the Washington, until the spring 2005 meeting. Worker, Savannah, Georgia; Ms. Nancy DC, area at (202) 512–1530. How May I Obtain Electronic Access to Tate, Executive Director, League of Note: The official version of this document This Document? Women Voters of the U.S. is the document published in the Federal PERSON TO CONTACT FOR INFORMATION: You may view this document, as well Register. Free Internet access to the official Bryan Whitener, Telephone: (202) 566– as all other Department of Education edition of the Federal Register and the Code 3100. of Federal Regulations is available on GPO documents published in the Federal Access at: http://www.gpoaccess.gov/nara/ Register, in text or Adobe Portable Gracia M. Hillman, index.html. Document Format (PDF) on the Internet Vice-Chair, U.S. Election Assistance at the following site: http://www.ed.gov/ Commission. Dated: August 31, 2004. legislation/FedRegister. [FR Doc. 04–20233 Filed 9–1–04; 1:02 pm] Sally L. Stroup, To use PDF you must have Adobe BILLING CODE 6820–YN–M Assistant Secretary for Postsecondary Acrobat Reader, which is available free Education. at this site. If you have questions about [FR Doc. E4–2070 Filed 9–2–04; 8:45 am] using PDF, call the U.S. Government DEPARTMENT OF ENERGY BILLING CODE 4000–01–P Printing Office (GPO), toll free, at 1– 888–293–6498; or in the Washington, Federal Energy Regulatory DC, area at (202) 512–1530. Commission DEPARTMENT OF EDUCATION Note: The official version of this document [Docket Nos. RM01–10–000 et al.] National Committee on Foreign is the document published in the Federal Medical Education and Accreditation, Register. Free Internet access to the official Standards of Conduct for edition of the Federal Register and the Code Transmission Providers et al.; Notice (National Committee); Notice of of Federal Regulations is available on GPO Meeting Changes of Proposed Changes in FERC Gas Access at: http://www.access.gpo.gov/nara/ Tariff index.html. AGENCY: National Committee on Foreign August 27, 2004. Medical Education and Accreditation, Authority: 5 U.S.C. Appendix 2. Department of Education. In the matter of: RM01–10–000, RP04–469– Dated: August 30, 2004. 000, RP04–473–000, RP04–474–000, RP04– SUMMARY: This notice advises interested Sally L. Stroup, 487–000, RP04–497–000, RP04–477–000, parties of changes concerning the RP04–479–000, RP04–480–000, RP04–494– upcoming meeting of the National Assistant Secretary for Postsecondary Education. 000, RP04–481–000, RP04–483–000, RP04– Committee and amends information 489–000, RP04–486–000, RP04–485–000; provided in the original meeting notice [FR Doc. 04–20111 Filed 9–2–04; 8:45 am] Standards of Conduct for Transmission published in the July 23, 2004 Federal BILLING CODE 4000–01–P Providers, Algonquin Gas Transmission, LLC, Register (69 FR 43974). East Tennessee Natural Gas, LLC, Egan Hub Storage, LLC, Florida Gas Transmission FOR FURTHER INFORMATION CONTACT: Ms. ELECTION ASSISTANCE COMMISSION Company, Gulfstream Natural Gas System, Bonnie LeBold, the Executive Director L.L.C., Maritimes & Northeast Pipeline, of the National Committee on Foreign Sunshine Act Notice L.L.C., Panhandle Eastern Pipe Line Medical Education and Accreditation, Company, LP, Sea Robin Pipeline Company, U.S. Department of Education, room AGENCY: Election Assistance Southern Natural Gas Company, Southwest 7007, MS 7563, 1990 K St., NW., Commission. Gas Storage Company, Texas Eastern Transmission, LP, Transwestern Pipeline Washington, DC 20006, telephone: (202) ACTION : Notice of public meeting. Company, Trunkline Gas Company, LLC, 219–7009, fax: (202) 219–7008, e-mail: Trunkline LNG Company, LLC. [email protected]. DATE AND TIME: Monday, September 13, Individuals who use a 2004, 10 a.m.–12 Noon Take notice that on August 20, 23, telecommunications device for the deaf PLACE: U.S. Election Assistance and 24, 2004, the above-referenced (TDD) may call the Federal Information Commission, 1225 New York Ave, NW., pipelines tendered for filing their tariff Relay Service at 1–800–877–8339 Suite 1100, Washington, DC 20005, sheets respectively, in compliance with 1 between 8 a.m. and 8 p.m. Eastern time, (Metro Shop: Metro Center). the Commission’s Orders pertaining to Monday through Friday. AGENDA: The Commission will receive 1 Standards of Conduct for Transmission SUPPLEMENTARY INFORMATION: The updates and reports on the following: Providers, 68 FR 69134 (December 11, 2003), III changes to the agenda are as follows: (1) Title II Requirements Payments Update; Continued

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Standards of Conduct regulations DEPARTMENT OF ENERGY protests on persons other than the pursuant to part 358 of the Applicant. Commission’s regulations, 18 CFR part Federal Energy Regulatory Anyone filing an intervention or 358. Commission protest must file a separate motion to intervene or protest in each docket. Any person desiring to intervene or to Notice of Proposed Changes in FERC The Commission encourages protest said filings must file in Gas Tariff electronic submission of protests and accordance with Rules 211 and 214 of August 30, 2004. interventions in lieu of paper using the the Commission’s Rules of Practice and ‘‘eFiling’’ link at http://www.ferc.gov. Procedure (18 CFR 385.211 and Algonquin Gas Transmission, LLC Persons unable to file electronically 385.214). Protests will be considered by [Docket No. RP04–468–000] should submit an original and 14 copies the Commission in determining the of the protest or intervention to the appropriate action to be taken, but will Algonquin Gas Transmission, LLC Federal Energy Regulatory Commission, not serve to make protestants parties to [Docket No. RP04–470–000] 888 First Street, NE., Washington, DC the proceeding. Any person wishing to 20426. become a party must file a notice of East Tennessee Natural Gas, LLC This filing is accessible on-line at intervention or motion to intervene, as [Docket No. RP04–471–000] http://www.ferc.gov, using the appropriate. Such notices, motions, or ‘‘eLibrary’’ link and is available for East Tennessee Natural Gas, LLC protests must be filed in accordance review in the Commission’s Public with the provisions of Section 154.210 [Docket No. RP04–472–000] Reference Room in Washington, DC. of the Commission’s regulations (18 CFR Egan Hub Storage, LLC There is an ‘‘eSubscription’’ link on the 154.210). Anyone filing an intervention web site that enables subscribers to or protest must serve a copy of that [Docket No. RP04–475–000] receive e-mail notification when a document on the Applicant. Anyone Maritimes &Northeast Pipeline, LLC document is added to a subscribed filing an intervention or protest on or docket(s). For assistance with any FERC [Docket No. RP04–476–000] before the intervention or protest date Online service, please e-mail need not serve motions to intervene or Maritimes & Northeast Pipeline, LLC [email protected], or call (866) 208–3676 (toll free). For TTY, call protests on persons other than the [Docket No. RP04–478–000] Applicant. (202) 502–8659. Texas Eastern Transmission, LP Anyone filing an intervention or Magalie R. Salas, protest must file a separate motion to [Docket No. RP04–482–000] Secretary. intervene or protest in each docket. Texas Eastern Transmission, LP [FR Doc. E4–2062 Filed 9–2–04; 8:45 am] BILLING CODE 6717–01–P The Commission encourages [Docket No. RP04–484–000] electronic submission of protests and Take notice that on August 20, 2004, interventions in lieu of paper using the the above-referenced pipelines tendered DEPARTMENT OF ENERGY ‘‘eFiling’’ link at http://www.ferc.gov. for filing their respective tariff sheets, Persons unable to file electronically all with an effective date of September Federal Energy Regulatory should submit an original and 14 copies 22, 2004. Commission of the protest or intervention to the The pipelines states that the purpose [TS04–76–001, et al.] Federal Energy Regulatory Commission, of their filings is to modify certain tariffs 888 First Street, NE., Washington, DC in their current tariffs to implement Notice of Filing; American 20426. changes to the procedures for obtaining Transmission Company, et al. This filing is accessible on-line at access to the LINKr Customer Interface http://www.ferc.gov, using the System, which is available on their August 2, 2004. ‘‘eLibrary’’ link and is available for internet web site. Equitrans, LP [TS04–270–000] review in the Commission’s Public Any person desiring to intervene or to Granite State Gas Transmission, Inc. [TS04– 150–000] Reference Room in Washington, DC. protest this filing must file in accordance with Rules 211 and 214 of High Island Offshore System [TS04–262–000] There is an ‘‘eSubscription’’ link on the Kinder Morgan Pipelines [TS04–271–000] Web site that enables subscribers to the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and Kinder Morgan Pipelines [TS04–272–000] receive e-mail notification when a Northern Border Pipeline Company [TS04– 385.214). Protests will be considered by document is added to a subscribed 208–000] the Commission in determining the docket(s). For assistance with any FERC Midwestern Gas Transmission Company appropriate action to be taken, but will Online service, please e-mail [TS04–209–000] not serve to make protestants parties to Petal Gas Storage LLC [TS04–263–000] [email protected], or call the proceeding. Any person wishing to Shell Offshore, Inc. and Shell Gulf of Mexico, (866) 208–3676 (toll free). For TTY, call become a party must file a notice of Inc. [TS04–273–000] (202) 502–8659. intervention or motion to intervene, as Shell Gas Transmission LLC [TS04–274–000] Venice Gathering System, LLC [TS04–164– Magalie R. Salas, appropriate. Such notices, motions, or protests must be filed in accordance 000] Secretary. Viking Gas Transmission Company [TS04– with the provisions of Section 154.210 [FR Doc. E4–2057 Filed 9–2–04; 8:45 am] 212–000] of the Commission’s regulations (18 CFR BILLING CODE 6717–01–P 154.210). Anyone filing an intervention The above-referenced Transmission 1 or protest must serve a copy of that Providers have filed motions FERC Stats. & Regs., ¶ 31,155 (November 25, 2003) document on the Applicant. Anyone (‘‘Order No. 2004’’ or Final Rule’’); order on reh’g 1 Northern Border Pipeline Company, Midwestern and clarification (Order No. 2004–A), 107 FERC ¶ filing an intervention or protest on or Gas Transmission Company and Viking Gas 61,032 (2004), order on reh’g and clarification, 108 before the intervention or protest date Transmission filed on February 9, 2004, FERC ¶ 61,118 (2004) (Order No. 2004–B). need not serve motions to intervene or respectively. The other Transmission Providers

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requesting a full or partial waiver or Filing. ANR states that it is submitting DEPARTMENT OF ENERGY exemption from the requirements of this filing in compliance with the Order No. 2004. FERC Stats. & Regs. Commission’s Order authorizing ANR’s Federal Energy Regulatory ¶ 31,355 (2003). Interested parties may WestLeg Project requiring ANR to file Commission file a petition to intervene in each the applicable negotiated rate [Docket No. EL04–129–000] individual docket. agreements. Any person desiring to intervene or to Central Iowa Power Cooperative v. Any person desiring to intervene or to protest each filing should file with the Midwest Independent Transmission protest this filing must file in Federal Energy Regulatory Commission, System Operator, Inc.; Notice of 888 First Street, NE., Washington, DC accordance with Rules 211 and 214 of Complaint 20426, in accordance with Rules 211 the Commission’s Rules of Practice and and 214 of the Commission’s Rules of Procedure (18 CFR 385.211 and August 27, 2004. Practice and Procedure (18 CFR 385.211 385.214). Protests will be considered by Take notice that on August 26, 2004, and 385.214). Protests will be the Commission in determining the Central Iowa Power Cooperative filed a considered by the Commission in appropriate action to be taken, but will formal complaint against the Midwest determining the appropriate action to be not serve to make protestants parties to Independent Transmission System taken, but will not serve to make the proceeding. Any person wishing to Operator, Inc. pursuant to 18 CFR protestants parties to the proceeding. become a party must file a notice of 385.206, alleging that the Midwest Any person wishing to become a party intervention or motion to intervene, as Independent Transmission System must file a motion to intervene in each appropriate. Such notices, motions, or Operator, Inc. failed to properly apply the Midwest ISO’s OATT with regard to individual proceeding. All such motions protests must be filed in accordance its use of intervening transmission or protests should be filed on or before with the provisions of Section 154.210 the comment date, and, to the extent systems. of the Commission’s regulations (18 CFR Central Iowa Power Cooperative applicable, must be served on the 154.210). Anyone filing an intervention certifies that copies of the complaint applicant and on any other person or protest must serve a copy of that were served on the contacts for Midwest designated on the official service list. document on the Applicant. Anyone Independent Transmission System These filings are available for review at filing an intervention or protest on or Operator, Inc. as listed on the the Commission or may be viewed on before the intervention or protest date Commission’s list of Corporate Officials. the Commission’s Web site at http:// need not serve motions to intervene or Any person desiring to intervene or to www.ferc.gov, using the eLibrary protests on persons other than the protest this filing must file in (FERRIS) link. Enter the docket number Applicant. accordance with Rules 211 and 214 of excluding the last three digits in the the Commission’s Rules of Practice and docket number field to access the The Commission encourages electronic submission of protests and Procedure (18 CFR 385.211 and document. For assistance, please contact 385.214). Protests will be considered by interventions in lieu of paper using the FERC Online Support at the Commission in determining the ‘‘eFiling’’ link at http://www.ferc.gov. [email protected] or toll- appropriate action to be taken, but will free at (866) 208–3676, or for TTY, Persons unable to file electronically not serve to make protestants parties to contact (202) 502–8659. Protests and should submit an original and 14 copies the proceeding. Any person wishing to interventions may be filed electronically of the protest or intervention to the become a party must file a notice of via the Internet in lieu of paper; see 18 Federal Energy Regulatory Commission, intervention or motion to intervene, as CFR 385.2001(a)(1)(iii) and the 888 First Street, NE., Washington, DC appropriate. The Respondent’s answer instructions on the Commission’s Web 20426. and all interventions, or protests must site under the ‘‘e-Filing’’ link. The This filing is accessible on-line at be filed on or before the comment date. Commission strongly encourages http://www.ferc.gov, using the The Respondent’s answer, motions to electronic filings. ‘‘eLibrary’’ link and is available for intervene, and protests must be served Comment Date: August 17, 2004. review in the Commission’s Public on the Complainants. Magalie R. Salas, Reference Room in Washington, DC. The Commission encourages Secretary. There is an ‘‘eSubscription’’ link on the electronic submission of protests and [FR Doc. E4–2049 Filed 9–2–04; 8:45 am] Web site that enables subscribers to interventions in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. BILLING CODE 6717–01–P receive e-mail notification when a Persons unable to file electronically document is added to a subscribed should submit an original and 14 copies docket(s). For assistance with any FERC DEPARTMENT OF ENERGY of the protest or intervention to the Online service, please e-mail Federal Energy Regulatory Commission, [email protected], or call Federal Energy Regulatory 888 First Street, NE., Washington, DC (866) 208–3676 (toll free). For TTY, call Commission 20426. (202) 502–8659. This filing is accessible on-line at [Docket No. RP99–301–115] Magalie R. Salas, http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for ANR Pipeline Company; Notice of Secretary. review in the Commission’s Public Negotiated Rate [FR Doc. E4–2064 Filed 9–2–04; 8:45 am] Reference Room in Washington, DC. August 27, 2004. BILLING CODE 6717–01–P There is an ‘‘eSubscription’’ link on the Take notice that on August 24, 2004, Web site that enables subscribers to ANR Pipeline Company (ANR) tendered receive e-mail notification when a for filing its Negotiated Rate Tariff document is added to a subscribed docket(s). For assistance with any FERC listed in the caption filed between June 17 and July Online service, please e-mail 27, 2004. [email protected], or call

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(866) 208–3676 (toll free). For TTY, call Commission’s Rules of Practice and DEPARTMENT OF ENERGY (202) 502–8659. Procedure (18 CFR 385.214 or 385.211) Comment Date: 5 p.m. eastern and the Regulations under the NGA (18 Federal Energy Regulatory standard time on September 15, 2004. CFR 157.10). A person obtaining party Commission status will be placed on the service list Magalie R. Salas, maintained by the Secretary of the [Docket No. ER01–989–003] Secretary. Commission and will receive copies of [FR Doc. E4–2050 Filed 9–2–04; 8:45 am] all documents filed by the applicant and Green Mountain Power Corporation; BILLING CODE 6717–01–P by all other parties. A party must submit Notice of Filing 14 copies of filings made in the proceeding with the Commission and August 30, 2004. DEPARTMENT OF ENERGY must mail a copy to the applicant and Take notice that on August 26, 2004, to every other party. Only parties to the Federal Energy Regulatory Green Mountain Power Corporation proceeding can ask for court review of Commission (GMP) tendered for filing a supplement Commission orders in the proceeding. to its triennial updated market power [Docket No. CP04–403–000] However, a person does not have to report stating the reasons why it should intervene in order to have comments still be considered eligible to sell power Columbia Gas Transmission considered. The second way to to wholesale purchasers at market-based Corporation; KO Transmission participate is by filing with the rates. Company; Notice of Application Secretary of the Commission, as soon as possible, an original and two copies of Any person desiring to intervene or to August 27, 2004. comments in support of or in opposition protest this filing must file in On August 24, 2004, Columbia Gas to this project. The Commission will accordance with Rules 211 and 214 of Transmission Corporation (Columbia), consider these comments in the Commission’s Rules of Practice and 1700 MacCorkle Avenue S.E., determining the appropriate action to be Procedure (18 CFR 385.211 and Charleston, West Virginia 25314 and KO taken, but the filing of a comment alone 385.214). Protests will be considered by Transmission Company (KO), 139 East will not serve to make the filer a party the Commission in determining the Fourth Street, Cincinnati, Ohio 45202, to the proceeding. The Commission’s appropriate action to be taken, but will filed an application in the above rules require that persons filing not serve to make protestants parties to referenced docket, pursuant to Section comments in opposition to the project the proceeding. Any person wishing to 7(b) and 7(c) of the Natural Gas Act provide copies of their protests only to become a party must file a notice of (NGA), for Columbia to abandon by sale the party or parties directly involved in intervention or motion to intervene, as to KO an undivided interest in its E- the protest. appropriate. Such notices, motions, or System. KO seeks authority to acquire Persons who wish to comment only protests must be filed on or before the the undivided interest that Columbia is on the environmental review of this comment date. Anyone filing a motion selling. The facilities extend from an project should submit an original and to intervene or protest must serve a copy interconnection with Columbia Gulf in two copies of their comments to the of that document on the Applicant. Menifee County, Kentucky to an Secretary of the Commission. The Commission encourages interconnection with KO in Bracken Environmental commenters will be electronic submission of protests and County, Kentucky. This filing is placed on the Commission’s interventions in lieu of paper using the available for review at the Commission environmental mailing list, will receive ‘‘eFiling’’ link at http://www.ferc.gov. in the Public Reference Room or may be copies of the environmental documents, Persons unable to file electronically viewed on the Commission’s Web site at and will be notified of meetings should submit an original and 14 copies http://www.ferc.gov using the ‘‘e- associated with the Commission’s of the protest or intervention to the Library’’ link. Enter the docket number environmental review process. Federal Energy Regulatory Commission, excluding the last three digits in the Environmental commenters will not be 888 First Street, NE., Washington, DC docket number field to access the required to serve copies of filed 20426. document. For assistance, contact FERC documents on all other parties. This filing is accessible on-line at at [email protected] or call However, the non-party commenters toll-free, (866) 208–3676, or for TTY, http://www.ferc.gov, using the will not receive copies of all documents ‘‘eLibrary’’ link and is available for (202) 502–8659. filed by other parties or issued by the Any questions regarding this review in the Commission’s Public Commission (except for the mailing of Reference Room in Washington, DC. application should be directed to environmental documents issued by the Fredric K. George, Senior Attorney, There is an ‘‘eSubscription’’ link on the Commission) and will not have the right web site that enables subscribers to Columbia Gas Transmission to seek court review of the Corporation, P.O. Box 1273, Charleston, receive e-mail notification when a Commission’s final order. document is added to a subscribed West Virginia 25325–1273; telephone Protests and interventions may be docket(s). For assistance with any FERC 304–357–2359, fax 304–357–3206. filed electronically via the Internet in Online service, please e-mail There are two ways to become lieu of paper; see, 18 CFR [email protected], or call involved in the Commission’s review of 385.2001(a)(1)(iii) and the instructions (866) 208–3676 (toll free). For TTY, call this project. First, any person wishing to on the Commission’s web site under the (202) 502–8659. obtain legal status by becoming a party ‘‘e-Filing’’ link. The Commission to the proceedings for this project strongly encourages electronic filings. Comment Date: 5 p.m. eastern should, on or before the comment date Comment Date: September 17, 2004. standard time on September 3, 2004. stated below file with the Federal Energy Regulatory Commission, 888 Magalie R. Salas, Magalie R. Salas, First Street, NE, Washington, DC 20426, Secretary. Secretary. a motion to intervene in accordance [FR Doc. E4–2065 Filed 9–2–04; 8:45 am] [FR Doc. E4–2051 Filed 9–2–04; 8:45 am] with the requirements of the BILLING CODE 6717–01–P BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY [email protected], or call (866) 208–3676 (toll free). For TTY, call Federal Energy Regulatory Federal Energy Regulatory (202) 502–8659. Commission Commission Magalie R. Salas, [Docket No. RP02–361–038] [Docket Nos. RP04–397–001; RP02–361– Secretary. 039] Gulfstream Natural Gas System, L.L.C.; [FR Doc. E4–2061 Filed 9–2–04; 8:45 am] Notice of Compliance Filing Gulfstream Natural Gas System L.L.C.; BILLING CODE 6717–01–P Notice of Compliance Filing August 27, 2004. Take notice that on August 23, 2004, August 27, 2004. DEPARTMENT OF ENERGY Gulfstream Natural Gas System, L.L.C. Take notice that, on August 25, 2004, (Gulfstream) tendered for filing as part Gulfstream Natural Gas System, L.L.C. Federal Energy Regulatory of its FERC Gas Tariff, Original Volume (Gulfstream) tendered for filing as part Commission No. 1, Second Sub Original Sheet No. 8L of its FERC Gas Tariff, Original Volume [Docket No. ES04–45–000] and Second Sub Original Sheet No. 8M, No. 1, the following tariff sheets, with with an effective date of October 1, an effective date of August 11, 2004: MidAmerican Energy Company; Notice 2003. Gulfstream states that the filing is Sub First Revised Sheet No. 302 of Application being made in compliance with the Sub First Revised Sheet No. 304 Commission’s June 23, 2004 Order Sub First Revised Sheet No. 311 August 27, 2004. issued in the above-captioned docket. Sub First Revised Sheet No. 313 Take notice that on August 23, 2004, Gulfstream states that copies of the Sub First Revised Sheet No. 322 MidAmerican Energy Company filing were served on parties on the Sub First Revised Sheet No. 343 (MidAmerican) submitted an official service list in the above- Gulfstream states that the filing is application pursuant to section 204 of captioned proceeding. being made in compliance with an order the Federal Power Act requesting that Any person desiring to protest this by the Commission’s Division of Tariffs the Commission authorize the issuance filing must file in accordance with Rule and Market Development–South, issued of long-term debt in the form of bonds, 211 of the Commission’s Rules of on August 10, 2004, in Docket Nos. notes and guarantees in an amount not Practice and Procedure (18 CFR RP04–397–000 and RP02–361–035. to exceed $425 million. 385.211). Protests to this filing will be Gulfstream states that copies of the MidAmerican also requests a waiver considered by the Commission in filing were served on parties on the from the Commission’s competitive determining the appropriate action to be official service list in the above- bidding and negotiated placement taken, but will not serve to make captioned proceeding. requirements at 18 CFR 34.2. protestants parties to the proceeding. Any person desiring to protest this Any person desiring to intervene or to Such protests must be filed in filing must file in accordance with Rule protest this filing should file with the accordance with the provisions of 211 of the Commission’s Rules of Federal Energy Regulatory Commission, Section 154.210 of the Commission’s Practice and Procedure (18 CFR 888 First Street, NE., Washington, DC regulations (18 CFR 154.210). Anyone 385.211). Protests to this filing will be 20426, in accordance with Rules 211 filing a protest must serve a copy of that considered by the Commission in and 214 of the Commission’s Rules of document on all the parties to the determining the appropriate action to be Practice and Procedure (18 CFR 385.211 proceeding. taken, but will not serve to make and 385.214). Protests will be The Commission encourages protestants parties to the proceeding. considered by the Commission in electronic submission of protests in lieu Such protests must be filed in determining the appropriate action to be of paper using the ‘‘eFiling’’ link at accordance with the provisions of taken, but will not serve to make http://www.ferc.gov. Persons unable to Section 154.210 of the Commission’s protestants parties to the proceeding. file electronically should submit an regulations (18 CFR 154.210). Anyone Any person wishing to become a party original and 14 copies of the protest to filing a protest must serve a copy of that must file a motion to intervene. All such the Federal Energy Regulatory document on all the parties to the motions or protests should be filed on Commission, 888 First Street, N.E., proceeding. or before the comment date, and, to the Washington, DC 20426. The Commission encourages extent applicable, must be served on the This filing is accessible on-line at electronic submission of protests in lieu applicant and on any other person http://www.ferc.gov, using the of paper using the ‘‘eFiling’’ link at designated on the official service list. ‘‘eLibrary’’ link and is available for http://www.ferc.gov. Persons unable to This filing is available for review at the review in the Commission’s Public file electronically should submit an Commission or may be viewed on the Reference Room in Washington, DC. original and 14 copies of the protest to Commission’s Web site at http:// There is an ‘‘eSubscription’’ link on the the Federal Energy Regulatory www.ferc.gov, using the eLibrary link. web site that enables subscribers to Commission, 888 First Street, NE., Enter the docket number excluding the receive email notification when a Washington, DC 20426. last three digits in the docket number document is added to a subscribed This filing is accessible on-line at field to access the document. For docket(s). For assistance with any FERC http://www.ferc.gov, using the assistance, please contact FERC Online Online service, please email ‘‘eLibrary’’ link and is available for Support at [email protected], or call review in the Commission’s Public [email protected] or toll- (866) 208–3676 (toll free). For TTY, call Reference Room in Washington, DC. free at (866) 208–3676, or for TTY, (202) 502–8659. There is an ‘‘eSubscription’’ link on the contact (202) 502–8659. Protests and Web site that enables subscribers to interventions may be filed electronically Magalie R. Salas, receive e-mail notification when a via the Internet in lieu of paper; see 18 Secretary. document is added to a subscribed CFR 385.2001(a)(1)(iii) and the [FR Doc. E4–2059 Filed 9–2–04; 8:45 am] docket(s). For assistance with any FERC instructions on the Commission’s Web BILLING CODE 6717–01–P Online service, please e-mail site under the ‘‘e-Filing’’ link. The

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Commission strongly encourages Reference Room in Washington, DC. or protest must serve a copy of that electronic filings. There is an ‘‘eSubscription’’ link on the document on the Applicant. Anyone Comment Date: 5 p.m. eastern Web site that enables subscribers to filing an intervention or protest on or standard time on September 16, 2004. receive e-mail notification when a before the intervention or protest date document is added to a subscribed need not serve motions to intervene or Magalie R. Salas, docket(s). For assistance with any FERC protests on persons other than the Secretary. Online service, please e-mail Applicant. [FR Doc. E4–2053 Filed 9–2–04; 8:45 am] [email protected], or call The Commission encourages BILLING CODE 6717–01–P (866) 208–3676 (toll free). For TTY, call electronic submission of protests and (202) 502–8659. interventions in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. DEPARTMENT OF ENERGY Magalie R. Salas, Persons unable to file electronically Secretary. should submit an original and 14 copies Federal Energy Regulatory [FR Doc. E4–2060 Filed 9–2–04; 8:45 am] Commission of the protest or intervention to the BILLING CODE 6717–01–P Federal Energy Regulatory Commission, [Docket No. RP03–262–005] 888 First Street, NE., Washington, DC 20426. DEPARTMENT OF ENERGY Natural Gas Pipeline Company of This filing is accessible on-line at America; Notice of Compliance Filing Federal Energy Regulatory http://www.ferc.gov, using the August 27, 2004. Commission ‘‘eLibrary’’ link and is available for Take notice that on August 24, 2004, review in the Commission’s Public [Docket No. RP04–498–000] Natural Gas Pipeline Company of Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the America (Natural) filed as part of its Northern Natural Gas Company; Notice Web site that enables subscribers to FERC Gas Tariff, Sixth Revised Volume of Proposed Changes in FERC Gas receive e-mail notification when a No. 1, a Substitute Revised Sheet No. Tariff 226, with an effective date of October 1, document is added to a subscribed 2004. August 27, 2004. docket(s). For assistance with any FERC Natural states that the filing is being Take notice that on August 25, 2004, Online service, please e-mail made to comply with the Commission’s Northern Natural Gas Company [email protected], or call Order issued on August 9, 2004, in the (Northern) tendered for filing to become (866) 208–3676 (toll free). For TTY, call above-referenced proceeding. Natural part of its FERC Gas Tariff, Fifth Revised (202) 502–8659. further states that the change required Volume No. 1 the following tariff sheets Magalie R. Salas, to be effective November 1, 2004: by the Order relates to a prior Secretary. compliance filing made by Natural, First Revised Sheet No. 263F [FR Doc. E4–2063 Filed 9–2–04; 8:45 am] involving reservation charge credits. First Revised Sheet No. 263G BILLING CODE 6717–01–P Natural states that copies of its filing Eighth Revised Sheet No. 263H were served on parties on the official Seventh Revised Sheet No. 263H.1 First Revised Sheet No. 263I service list in the above-captioned DEPARTMENT OF ENERGY proceeding. Northern states that Tariff Sheet Nos. Any person desiring to protest this 263H and 263H.1 reflect the sourcers’ Federal Energy Regulatory filing must file in accordance with Rule flow obligation as a result of the Commission 211 of the Commission’s Rules of Appendix B customers’ election to Practice and Procedure (18 CFR source or buyout of their flow obligation [Docket No. EC04–151–000, et al.] 385.211). Protests to this filing will be based on section 29(C)2 of Northern’s considered by the Commission in tariff. In addition, Northern states that it Crescent Ridge LLC, et al.; Electric determining the appropriate action to be is updating the list of company names Rate and Corporate Filings taken, but will not serve to make on the referenced tariff sheets. protestants parties to the proceeding. Northern states that copies of the August 27, 2004. Such protests must be filed in filing were served upon Northern’s The following filings have been made accordance with the provisions of customers and interested State with the Commission. The filings are Section 154.210 of the Commission’s Commissions. listed in ascending order within each regulations (18 CFR 154.210). Anyone Any person desiring to intervene or to docket classification. filing a protest must serve a copy of that protest this filing must file in 1. Crescent Ridge LLC document on all the parties to the accordance with Rules 211 and 214 of proceeding. the Commission’s Rules of Practice and [Docket Nos. EC04–151–000 and ER02–2310– The Commission encourages Procedure (18 CFR 385.211 and 002] electronic submission of protests in lieu 385.214). Protests will be considered by Take notice that on August 24, 2004, of paper using the ‘‘eFiling’’ link at the Commission in determining the Crescent Ridge LLC (Crescent) filed an http://www.ferc.gov. Persons unable to appropriate action to be taken but will application pursuant to section 203 of file electronically should submit an not serve to make protestants parties to the Federal Power Act and a notice of original and 14 copies of the protest to the proceeding. Any person wishing to status change, seeking authorization for the Federal Energy Regulatory become a party must file a notice of a transaction that would result in the Commission, 888 First Street, NE., intervention or motion to intervene, as transfer of indirect control of certain Washington, DC 20426. appropriate. Such notices, motions, or jurisdictional rate schedule facilites This filing is accessible on-line at protests must be filed in accordance assocated with Cresent’s planned 54.5 http://www.ferc.gov, using the with the provisions of Section 154.210 megawatt wind farm located in Bureau ‘‘eLibrary’’ link and is available for of the Commission’s regulations (18 CFR County, Illinois and jurisdictional books review in the Commission’s Public 154.210). Anyone filing an intervention and records.

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Crescent states that the transaction 5. Allegheny Power System Operating sources service (reactive service) for the will have no effect on competition, rates Companies: Monongahela Power Aurora generation facility located in or regulation and is in the public Company, Potomac Edison Company, Aurora DuPage County, Illinois. REWG’s interest. and West Penn Power Company, All d/ filing substitutes REWG’s affiliate, b/a Allegheny Power; PHI Operating Reliant Energy Aurora, LP, for REWG as Comment Date: 5 p.m. Eastern Time Companies: Potomac Electric Power the party-in-interest with respect to the on September 14, 2004. Company, Delmarva Power & Light reactive service rate schedule. REWG 2. Calpine Fox LLC Company, and Atlantic City Electric requests an effective date of September Company; Baltimore Gas and Electric 1, 2004. [Docket No. EG04–96–000] Company; Jersey Central Power & Light Comment Date: 5 p.m. Eastern Time Take notice that on August 23, 2004, Company; Metropolitan Edison on September 14, 2004. Calpine Fox LLC (Calpine), filed with Company; PECO Energy Company; 7. Rolling Hills Generating, L.L.C. the Federal Energy Regulatory Pennsylvania Electric Company; PPL [Docket No. ER04–1098–001] Commission an application for Electric Utilities Corporation; Public determination of exempt wholesale Service Electric and Gas Company; Take notice that on August 24, 2004, Rolling Hills Generating, L.L.C. (Rolling generator status pursuant to part 365 of Rockland Electric Company; and UGI Hills) pursuant to section 205 of the the Commission’s regulations. Utilities, Inc.; (Consolidated) Allegheny Power System Operating Companies; Federal Power Act (FPA), 16 U.S.C. Calpine, a Wisconsin limited liability Monongahela Power Company, 824d, and Part 35 of the Commission’s company, states that it proposes to Potomac Edison Company, and West regulations, 18 CFR Part 35, submitted operate an approximately 600 megawatt Penn Power Company, All d/b/a for filing a supplement in further natural gas-fired combined cycle electric Allegheny Power; PJM Interconnection, support of its August 4, 2004 reactive generating facility located in the Town LLC power service filing. Rolling Hills of Kaukauna, Outagamie County, requests an effective date of October 1, [Docket Nos. ER04–156–005, EL04–41–003, 2004. Wisconsin. Calpine further states that RT01–10–000 and RT01–98–000] copies of the application were served Rolling Hills states that it has Take notice that on August 24 2004, upon the United States Securities and provided copies of the filing to the the PJM Transmission Owners, on designated corporate officials and or Exchange Commission and Public behalf of the Allegheny Power System Service Commission of Wisconsin. representatives of AEPSC and the PJM Operating Companies: (Monongahela and the Public Utilities Commission of Comment Date: 5 p.m. Eastern Time Power Company, The Potomac Edison Ohio, as well as the official service list on September 13, 2004. Company, and West Penn Power in this proceeding, if applicable. Company, all doing business as 3. Fox Energy Company LLC Comment Date: 5 p.m. Eastern Time Allegheny Power); the PHI Operating on September 3, 2004. [Docket No. EG04–97–000] Companies (Potomac Electric Power Company, Delmarva Power & Light Standard Paragraph Take notice that on August 23, 2004, Company, and Atlantic City Electric Any person desiring to intervene or to Fox Energy Company LLC (Fox Energy) Company), Baltimore Gas and Electric protest this filing must file in filed with the Federal Energy Regulatory Company; Jersey Central Power & Light accordance with Rules 211 and 214 of Commission an application for Company; Metropolitan Edison the Commission’s Rules of Practice and determination of exempt wholesale Company; Pennsylvania Electric Procedure (18 CFR 385.211 and generator status pursuant to part 365 of Company; PECO Energy Company; PPL 385.214). Protests will be considered by the Commission’s regulations. Electric Utilities Corporation; Public the Commission in determining the Fox Energy, a Wisconsin limited Service Electric and Gas Company; appropriate action to be taken, but will liability company, states that it proposes Rockland Electric Company; and UGI not serve to make protestants parties to to own an approximately 600 megawatt Utilities, Inc., tendered for filing the proceeding. Any person wishing to natural gas-fired combined cycle electric replacement tariff sheets for Schedule become a party must file a notice of generating facility located in the Town 12A (cancellation of transmission intervention or motion to intervene, as of Kaukauna, Outagamie County, enhancement charges) of the PJM Open appropriate. Such notices, motions, or Wisconsin. Fox Energy further states Access Transmission Tariff, in protests must be filed on or before the that copies of the application were compliance with the Order Accepting comment date. Anyone filing a motion served upon the United States Securities Settlement Agreement, 108 FERC to intervene or protest must serve a copy and Exchange Commission and Public ¶ 61,167 (2004), issued August 9, 2004. of that document on the Applicant. On Allegheny Power System Operating Service Commission of Wisconsin. or before the comment date, it is not Companies states that copies of the necessary to serve motions to intervene Comment Date: 5 p.m. Eastern Time filing were served on those persons or protests on persons other than the on September 13, 2004. designated on the service lists in the Applicant. 4. Sulphur Springs Valley Electric above-captioned dockets. The Commission encourages Comment Date: 5 p.m. Eastern Time Cooperative, Inc. electronic submission of protests and on September 14, 2004. interventions in lieu of paper using the [Docket No. EL04–128–000] 6. Reliant Energy Aurora, LP ‘‘eFiling’’ link at http://www.ferc.gov. Persons unable to file electronically Take notice that on August 20, 2004, [Docket No. ER04–1066–001] should submit an original and 14 copies Sulphur Springs Valley Electric Take notice that on August 24, 2004, of the protest or intervention to the Cooperative, Inc. filed a request for Reliant Energy Wholesale Generation, Federal Energy Regulatory Commission, waiver of the requirements of Order No. LLC (REWG) submitted a substitute rate 888 First Street, N.E., Washington, DC 888, Order No. 889 and Order No. 2004. sheet to its rate schedule filed July 30, 20426. Comment Date: 5 p.m. Eastern Time 2004, for a proposed reactive support This filing is accessible on-line at on September 10, 2004. and voltage control from generation http://www.ferc.gov, using the

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‘‘eLibrary’’ link and is available for maintenance take place to July 25 obtained by agencies directly from the review in the Commission’s Public through October 15 in 2004 and May 1 Applicant. If an agency does not file Reference Room in Washington, DC through October 15 in 2006. The comments within the time specified for There is an ‘‘eSubscription’’ link on the reservoir will not be lowered in 2005. filing comments, it will be presumed to Web site that enables subscribers to l. Locations of Applications: A copy of have no comments. One copy of an receive e-mail notification when a the application is available for agency’s comments must also be sent to document is added to a subscribed inspection and reproduction at the the Applicant’s representatives. docket(s). For assistance with any FERC Commission in the Public Reference q. Comments, protests and Online service, please email Room, located at 888 First Street, NE., interventions may be filed electronically [email protected], or call Room 2A, Washington DC 20426, or by via the Internet in lieu of paper. See, 18 (866) 208–3676 (toll free). For TTY, call calling (202) 502–8371. This filing may CFR 385.2001(a)(1)(iii) and the (202) 502–8659. also be viewed on the Commission’s instructions on the Commission’s Web Web site at http://www.ferc.gov using Magalie R. Salas, site at http://www.ferc.gov under the ‘‘e- the ‘‘eLibrary’’ link. Enter the docket Filing’’ link. Secretary. number excluding the last three digits in [FR Doc. E4–2048 Filed 9–2–04; 8:45 am] the docket number field to access the Magalie R. Salas, BILLING CODE 6717–01–P document. You may also register on-line Secretary. at http://www.ferc.gov/docs-filing/ [FR Doc. E4–2054 Filed 9–2–04; 8:45 am] esubscription.asp to be notified via BILLING CODE 6717–01–P DEPARTMENT OF ENERGY email of new filings and issuances related to this or other pending projects. Federal Energy Regulatory For assistance contact FERC Online DEPARTMENT OF ENERGY Commission Support at [email protected] or toll- Federal Energy Regulatory Notice of Application for Amendment free 1–866–208–3676, or for TTY, call Commission of License and Soliciting Comments, (202) 502–8659. A copy is also available Motions To Intervene, and Protests for inspection and reproduction at the Interconnection for Wind Energy and address in item (h) above. Other Alternative Technologies August 27, 2004. [Docket No. PL04–15–000]; Take notice that the following m. Individuals desiring to be included on the Commission’s mailing list should Standardization of Small Generator application has been filed with the Interconnection Agreements and Commission and is available for public so indicate by writing to the Secretary of the Commission (see items o below). Procedures [Docket No. RM02–12– inspection: 000]; Standardizing Generator a. Application Type: Amendment of n. Comments, Protests, or Motions to Interconnection Agreements and License. Intervene—Anyone may submit Procedures; [Docket Nos. RM02–1– b. Project No: 2514–093. comments, a protest, or a motion to c. Date Filed: July 27, 2004. intervene in accordance with the 001, RM02–1–005]; Notice of Technical d. Applicant: Appalachian Power requirements of Rules of Practice and Conference Procedure, 18 CFR 385.210, .211, .214. Company, Virginia. August 27, 2004. e. Name of Project: Byllesby/Buck In determining the appropriate action to Project. take, the Commission will consider all Take notice that the Federal Energy f. Location: The project is located on protests or other comments filed, but Regulatory Commission will host a the New River in Carroll County, only those who file a motion to technical conference on Friday, Virginia. intervene in accordance with the September 24, 2004 to discuss issues g. Filed Pursuant to: Federal Power Commission’s Rules may become a raised by a petition for rulemaking Act, 16 U.S.C. 791(a)–825(r). party to the proceeding. Any comments, submitted by the American Wind h. Applicant Contact: Frank M. protests, or motions to intervene must Energy Association (AWEA) related to Simms, American Electric Power, P.O. be received on or before the specified the adoption of certain requirements for Box 2021, Roanoke, VA 24022–2121 comment date for the particular the interconnection of large wind i. FERC Contact: Any questions on application. generators. The conference will be held this notice should be addressed to Mr. o. Filing and Service of Responsive at the Commission’s Washington, DC Eric Gross at (202) 502–6213, or e-mail Documents—Any filings must bear in headquarters, 888 First St., NE., 20426. address: [email protected]. all capital letters the title The event is scheduled to begin at 10:30 j. Deadline for filing comments and or ‘‘COMMENTS’’, ‘‘PROTEST’’, or a.m. and end at approximately 4:30 p.m. motions: September 27, 2004. ‘‘MOTION TO INTERVENE’’, as (e.s.t.) in the Commission Meeting k. Description of Request: In an April applicable, and the Project Number of Room, Room 2–C. 15, 2004, order the Commission the particular application to which the The goal of the technical conference approved Appalachian Power filing refers. All documents (original is to discuss the technical requirements Company’s (Appalachian) request for a and eight copies) should be filed with: for the interconnection of large and temporary variance to their license to Magalie R. Salas, Secretary, Federal small wind generators and other allow them to lower the reservoir at the Energy Regulatory Commission, 888 alternative technologies, and the need Byllesby Development by up to 11 feet First Street, NE., Washington DC 20426. for creating specific requirements for below the licensed minimum elevation. A copy of any motion to intervene must their interconnection to the grid. These The variance was needed to perform also be served upon each representative issues include the use of non- routine maintenance on the spillway of the Applicant specified in the synchronous generator and other and tainter gates and was planned to particular application. alternative technologies that respond occur from May 1 through October 15 in p. Agency Comments—Federal, state, differently to grid disturbances and may 2004 and 2005. In their July 27, 2004, and local agencies are invited to file have different effects on the grid than filing Appalachian requests to revise the comments on the described application. large, synchronous generators. AWEA’s dates that the spillway and tainter gate A copy of the application may be request for technical consideration is

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contained in a filing it made on May 20, technical conference on Wednesday, McKinley at 202–502–8004, 2004 in Docket No. RM02–1–005. September 29, 2004 to discuss [email protected]. The conference is open for the public Reliability Readiness Reviews that are Magalie R. Salas, to attend, and registration is not being conducted by the North American Secretary. required; however, in-person attendees Electric Reliability Council (NERC). The are asked to register for the conference workshop will be held at the Attachment A on-line by close of business on Commission’s Washington, DC Reliability Readiness Reviews, Wednesday, September 22, 2004 at headquarters, 888 First St., NE, 20426. September 29, 2004, Agenda http://www.ferc.gov/whats-new/ The workshop is scheduled to begin at 9 a.m.—Introductions registration/wind-0924-form.asp. 9 a.m. and end at approximately 12:30 Parties interested in speaking at the 9:15 a.m.—Reliability Assessment p.m. (EST) in the Commission Meeting conference should file their requests to • Audit Results Room, Room 2–C. The Commissioners speak no later than close of business on • Actual Grid Performance may attend and participate. September 10, 2004. An on-line form 10 a.m.—Reliability/Capability Trends requesting to speak is available at: http: The goal of the technical conference and Patterns //www.ferc.gov/whats-new/registration/ is to offer a public progress report on the • Tools • speaker-form.asp. Reliability Readiness Reviews Strengths and weaknesses • Topics to be discussed at this conducted by NERC, in which FERC Identifying and Institutionalizing conference may include: a discussion of staff participated, since the August 14, Best Practices the AWEA proposal; the impact of the 11 a.m.—The Audit Process 2003 blackout. Audit reports are • proposal on issues of reliability; the available on the NERC Web site. The What Worked • What Didn’t Work specific requirements of small wind conference will report on what these • What’s Changing generators; and the technical and reviews reveal about the overall 12 p.m.—Stakeholder and Audience operational needs of other alternative ‘‘readiness’’ of the nation’s reliability technologies. Participation coordinators and control areas, and the 12:30 p.m.—Adjourn Transcripts of the conference will be strengths and weaknesses of the review [FR Doc. E4–2055 Filed 9–2–04; 8:45 am] available for a fee from Ace Reporting process as implemented to date. A draft BILLING CODE 6717–01–P Company (202–347–3700 or 1–800– agenda is included as Attachment A to 336–6646) on the next business day. this Notice. The final agenda will be They will be available for the public on made available at a later time. the Commission’s eLibrary system seven DEPARTMENT OF ENERGY calendar days after FERC receives the The conference is open for the public Federal Energy Regulatory transcript. Additionally, Capitol to attend, and preregistration is not Commission Connection offers the opportunity for required. There will be no on-line remote listening and viewing of the registration established for this event; [Docket Nos. ER04–688–000; ER04–689– conference. It is available for a fee, live on-site attendees may simply attend on 000; ER04–690–000; ER04–693–000] over the Internet, by phone or via the day of the event. satellite. Persons interested in receiving Pacific Gas and Electric Company; Transcripts of the conference will be Notice of Technical Conference the broadcast, or who need information available for a fee from Ace Reporting on making arrangements should contact Company (202–347–3700 or 1–800– August 27, 2004. David Reininger or Julia Morelli at the 336–6646) the next business day. They Parties are invited to attend a Capitol Connection (703–993–3100) as will be available for the public on the technical conference in the above- soon as possible or visit the Capitol referenced Pacific Gas and Electric Connection Web site at http:// Commission’s eLibrary system seven calendar days after FERC receives the Company (PG&E) proceedings on www.capitolconnection.gmu.edu and August 31–September 1, 2004, at click on ‘‘FERC.’’ transcript. Additionally, Capitol Connection offers the opportunity for Commission Headquarters, 888 First For more information about the Street, NE., Washington, DC 20426. The conference, please contact Bruce Poole remote listening and viewing of the conference. It is available for a fee, live technical conference will be held in at 202–502–8468 or at Conference Room 3M4–A/B on both over the Internet, by phone or via [email protected]. days. The August 31st technical satellite. Persons interested in receiving conference will be held from 9 a.m. Magalie R. Salas, the broadcast, or who need information until 5 p.m. (e.s.t.). The September 1st Secretary. on making arrangements should contact [FR Doc. E4–2056 Filed 9–2–04; 8:45 am] technical conference will be held from David Reininger or Julia Morelli at the 9 a.m. until 3 p.m. Arrangements have BILLING CODE 6717–01–P Capitol Connection (703–993–3100) as been made for parties to listen to the soon as possible or visit the Capitol technical conference by telephone. Connection Web site at http:// DEPARTMENT OF ENERGY The purpose of the conference is to www.capitolconnection.gmu.edu and identify the issues raised in these Federal Energy Regulatory click on ‘‘FERC.’’ proceedings, develop information for Commission For more information about the use by Commission staff in preparing an order on the merits, and to facilitate any [Docket No. PL04–13–000] conference, please contact Donald Lekang at 202–502–8127, possible settlements in these Reliability Readiness Reviews; Notice [email protected] or Sarah proceedings. The parties will discuss, of Technical Conference among other things, the following issues related to the unexecuted agreements August 27, 2004. filed by PG&E in the above-referenced Take notice that the Federal Energy dockets: (1) The Parallel Operation Regulatory Commission will host a Agreement between PG&E and Western

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Area Power Administration (WAPA) of exempt and prohibited off-the-record having made a prohibited off-the-record (PG&E Original Rate Schedule FERC No. communications. communication shall serve the 228), (2) the Interconnection Agreement, Order No. 607 (64 FR 51222, document on all parties listed on the (3) the Wholesale Distribution Tariff September 22, 1999) requires official service list for the applicable Service Agreement and (4) related issues Commission decisional employees, who proceeding in accordance with Rule to these Agreements. make or receive an exempt or prohibited 2010, 18 CFR 385.2010. Questions about the conference and off-the-record communication relevant Exempt off-the-record the telephone conference call to the merits of a contested on-the- communications will be included in the arrangements should be directed to: record proceeding, to deliver a copy of Julia A. Lake, Office of the General the communication, if written, or a decisional record of the proceeding, Counsel—Markets, Tariffs and Rates, summary of the substance of any oral unless the communication was with a Federal Energy Regulatory Commission, communication, to the Secretary. cooperating agency as described by 40 888 First Street, NE., Washington, DC Prohibited communications will be CFR 1501.6, made under 18 CFR 20426, (202) 502–8370, included in a public, non-decisional file 385.2201(e)(1)(v). [email protected] associated with, but not a part of, the The following is a list of exempt Magalie R. Salas, decisional record of the proceeding. communications recently received in Unless the Commission determines that Secretary. the Office of the Secretary. The the prohibited communication and any [FR Doc. E4–2052 Filed 9–2–04; 8:45 am] communications listed are grouped by responses thereto should become a part docket numbers. These filings are BILLING CODE 6717–01–P of the decisional record, the prohibited available for review at the Commission off-the-record communication will not in the Public Reference Room or may be DEPARTMENT OF ENERGY be considered by the Commission in viewed on the Commission’s website at reaching its decision. Parties to a http://www.ferc.gov using the eLibrary Federal Energy Regulatory proceeding may seek the opportunity to (FERRIS) link. Enter the docket number Commission respond to any facts or contentions excluding the last three digits in the made in a prohibited off-the-record [Docket No. RM98–1–000] docket number field to access the communication, and may request that document. For Assistance, please Records Governing Off-the Record the Commission place the prohibited contact FERC, Online Support at Communications; Public Notice communication and responses thereto [email protected] or toll in the decisional record. The free at (866)208–3676, or for TTY, August 27, 2004. Commission will grant such a request contact (202)502–8659. This constitutes notice, in accordance only when it determines that fairness so with 18 CFR 385.2201(b), of the receipt requires. Any person identified below as Exempt

Docket number Date filed Presenter or requester

1. CP04–41–000, CPO4–36–000 ...... 8–18–04 Raymond E. Gallison, Jr. 2. CP04–223–000, CP04–293–000 ...... 8–11–04 W. Mark Russo, Christopher M. Mulhearn. 3. CP04–391–000 ...... 8–24–04 Wallace Danny Laffoon. 4. PF04–7–000 ...... 8–24–04 David Swearingen. 5. Project No. 1971–079 ...... 8–24–04 Michael J. Bart, P.E. 6. Project No. 1971–079 ...... 8–24–04 Keith Kirkendall. 7. Project No. 1971–079 ...... 8–24–04 Dorothy Mason. 8. Project No. 1971–079 ...... 8–24–04 James C. Miller. 9. Project No. 1971–079 ...... 8–26–04 Dorothy Mason. 10. Project No. 2064–000 ...... 8–13–04 Vince Yearick. 11. Project No. 2064–000 ...... 8–24–04 Steve Kartalia. 12. Project No. 12063–000 ...... 8–24–04 Robert Easton.

Magalie R. Salas, Policy Act, as amended. Requests for of alternatives; does not disclose enough Secretary. copies of EPA comments can be directed of the CWA Section 404 process, but [FR Doc. E4–2058 Filed 9–2–04; 8:45 am] to the Office of Federal Activities at defers the process until later; does not BILLING CODE 6717–01–P (202) 564–7167. An explanation of the disclose the effects of additional diesel ratings assigned to draft environmental emissions from locomotives on air impact statements (EISs) was published quality; and does not disclose mitigation ENVIRONMENTAL PROTECTION in FR dated April 2, 2004 (69 FR 17403). for the preferred alternative, particularly for wetlands, riparian woodland and air AGENCY Draft EISs quality impacts from construction. [ER–FRL–6655–4] ERP No. D–FTA–J54001–UT Rating ERP No. D–NOA–E91015–00 Rating EC2, Weber County to Salt Lake City LO, Reef Fish Fishery Management Plan Environmental Impact Statements and Commuter Rail Project, Proposes a (FMP) Amendment 23, To Set Vermilion Regulations; Availability of EPA Commuter Rail Transit Service with Snapper Sustainable Fisheries Act Comments Nine Stations between Salt Lake City Targets and Thresholds and to Establish Availability of EPA comments and Peasant View, Funding, Weber, a Plan to End Overfishing and Rebuild prepared pursuant to the Environmental Davis and Salt Lake Counties, UT. the Stock, Implementation, Gulf of Review Process (ERP), under Section Summary: EPA expressed Mexico. 309 of the Clean Air Act and Section environmental concerns because the Summary: EPA has no objections to 102(2)(c) of the National Environmental draft EIS: does not analyze a full range the proposed action.

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ERP No. DS–BLM–K60105–CA Rating Three New Auxiliary Hatchery Subsistence Harvest of Northern Fur EC2, U.S. Army National Training Facilities, Wallowa County, OR. Seals, To Determine and Publish the Center, Proposed Addition of Maneuver Summary: No formal comment letter Take Ranges, Pribilof Islands, AK, Training Land at Fort Irwin, was sent to the preparing agency. Comment Period Ends: October 19, Implementation, San Bernardino ERP No. F–NOA–E91014–00, Generic 2004, Contact: Kaja Brix (907) 586– County, CA. Essential Fish Habitat Amendment to 7824. This document is available on Summary: EPA raised environmental the Fishery Management Plans of the the Internet at: http:// concerns regarding impacts and Gulf of Mexico (GOM) for Shrimp, Red www.fakr.noaa.gov. mitigation for construction-related air Drum, Reef Fish, Stone Crab, Coral and EIS No. 040407, Final EIS, NPS, AZ, emission, and properly reporting the Coral Reef and Spiny Lobster Fisheries, Petrified Forest National Park General release of oil or a hazardous substance Implementation, GOM and South Management Plan Revision, into the environment. Atlantic Coastal Migratory Pelagic Implementation, Navajo and Apache ERP No. DS–NOA–A91063–00 Rating Resources of the Gulf of Mexico and Counties, AZ, Wait Period Ends: LO, Monkfish Fishery Management Plan South Atlantic. October 4, 2004, Contact: Suzy (FMP) Amendment 2, Implementation, Summary: EPA supported the NOAA Stutzman (303) 987–6671. Updated and Additional Information, Fisheries designation of EFH for the EIS No. 040408, Final EIS, SFW, WA, New England and Mid-Atlantic Coast. subject fisheries and suggested strategies Nisqually National Wildlife Refuge to reduce the administrative burden of Summary: EPA has no objections to (NWR) Comprehensive Conservation consultations of EFH designation. Plan, Habitat Restoration, Refuge the proposed action. ERP No. F–NOA–L91017–00, Boundary Expansion and Related Final EISs Programmatic EIS—Pacific Salmon Fisheries Management Plan, Off the Environmental and Recreational ERP No. F–AFS–J65414–UT, State of Coasts of Southeast Alaska, Washington, Opportunities, Approval and Utah School and Institutional Trust Oregon and California, and the Implementation, Puget Sound, Lands Administration (SITLA) Access Columbia River Basin, Implementation, Nisqually River Delta, Thornton and Route on East Mountain, National Forest Magnuson-Stevens Act, AK, WA, OR Pierce Counties, WA, Wait Period System Lands Administered by Mantila and CA. Ends: October 4, 2004, Contact: Jean Sal National Forest, Ferron/Price Ranger Summary: No formal comment letter Takekawa (360) 753–9467. District, Emery Counties, UT. was sent to the preparing agency. EIS No. 040409, Draft EIS, AFS, UT, Summary: EPA continues to express ERP No. F–NOA–L91023–00, Pacific Reissuance of 10-Year Term Grazing environmental concerns with the Coast Groundfish Fishery Management Permits to Continue Authorize potential for adverse impacts to water Plan, Amendment 16–3 Adopts Rebuild Grazing on Eight Cattle Allotments, quality, soils and fish and wildlife, from Plans for Bocaccio, Cowcod, Widow Permit Reissuance, Fishlake National the logging, exploratory wells and coal Rockfish and Yelloweye Rockfish, Forest, Beaver Mountain Tushar exploration as proposed in the selected Maximum Sustainable Yield (MSY), Range, Millard, Piute, Garfield, Beaver alternative. Implementation, WA, OR, ID and CA. and Iron Counties, UT, Comment ERP No. F–AFS–L65443–OR, Biscuit Summary: No formal comment letter Period Ends: October 18, 2004, Fire Recovery Project, Various was sent to the preparing agency. Contact: Dave Grider (435) 865–3731. Management Activities Alternatives, ERP No. FB–NOA–A91065–00, Final EIS No. 040410, Final EIS, NOA, AK, Implementation, The Rogue River and Rule to Implement Management Bering Sea and Aleutian Islands King Siskiyou National Forests, Josephine Measures for the Reduction of Sea and Tanner Crab Fisheries and and Curry Counties, OR. Turtle Bycatch and Bycatch Mortality in Fishery Management Plan, Summary: EPA continues to express the Atlantic Pelagic Longline Fishery. Implementation, United States the following environmental concerns: Summary: No formal comment letter Exclusive Economic Zone (EEZ) off (1) Potential adverse impacts to large- was sent to the preparing agency. Alaska, Wait Period Ends: October 4, scale postfire logging on sediment loads Dated: August 31, 2004. 2004, Contact: Gretchen Harrington to impaired streams; (2) detrimental Robert W. Hargrove, (907) 586–7228. effects to key watersheds; (3) loss of Director, NEPA Compliance Division, Office EIS No. 040411, Final EIS, BLM, AK, large woody debris to streams; and (4) of Federal Activities. Alpine Satellite Development Plan, adverse effects on riparian habitat and [FR Doc. 04–20143 Filed 9–2–04; 8:45 am] Construction and Operation of Five inventoried roadless areas. BILLING CODE 6560–50–U Oil Production Pads, Associated Well, ERP No. F–BIA–J60021–UT, Tekoi Roads, Airstrips, Pipelines and Balefill Project on the Skull Valley Band Powerlines, Authorization and of Goshute Indians Reservation, ENVIRONMENTAL PROTECTION Permits Issuance, Northeast corner of Approval of Long-Term Lease of Indian AGENCY the National Petroleum Reserve— Land for a Commercial Solid Waste Alaska, Colville River Delta, North Disposal Facility, Salt Lake City, Tooele [ER–FRL–6655–3] Slope Borough, AK, Wait Period Ends: County, UT. Environmental Impact Statements; October 4, 2004, Contact: Jim Ducker Summary: EPA continues to have Notice of Availability (907) 271–3130. concerns regarding the Tribe’s oversight This document is available on the and regulation of the landfill to ensure Responsible Agency: Office of Federal Internet at: http://www.ak.blm.gov. that environmental impacts are Activities, General Information (202) EIS No. 040412, Draft EIS, AFS, FL, controlled and/or mitigated. 564–7167 or http://www.epa.gov/ Ocala National Forest Access ERP No. F–DOE–L91018–OR, compliance/nepa. Weekly receipt of Designation Process, Roads and Trails Northeast Oregon Hatchery Program, Environmental Impact Statements Filed Systems Development, Grande Ronde—Imnaha Spring Chinook August 23, 2004 Through August 27, Implementation, Lake, Marion, and Hatchery Modification and 2004 Pursuant to 40 CFR 1506.9. Putnam Counties, FL, Comment Modernization of Two Existing EIS No. 040406, Draft EIS, NOA, AK, Period Ends: November 1, 2004, Hatchery Facilities and Construction of Pribilof Islands Setting for the Annual Contact: Will Ebaugh (850) 523–8557.

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This document is available on the Updated Information on Issuance of SUMMARY: A meeting of the National Internet at: http:// New National Pollutant Discharge Advisory Committee for Acute Exposure www.southernregion.fs.fed.us/florida. Elimination System General Permit Guideline Levels for Hazardous EIS No. 040413, Draft EIS, AFS, OR, and the Ocean Discharge Criteria Substances (NAC/AEGL Committee) West Maurys Fuels and Vegetation Evaluation, MS, AL and FL, Wait will be held on September 21-23, 2004, Management Project, Prescribed Fire, Period Ends: September 27, 2004, in Washington, DC. At this meeting, the Commercial and Noncommercial Contact: Lena Scott (404) 562–9607. NAC/AEGL Committee will address, as Thinning, Grapple Piling and Hand Revision of FR Notice Published on time permits, the various aspects of the Piling, Implementation, Lookout 08/27/2004: CEQ Wait Period Ending acute toxicity and the development of Mountain Range District, Ochoco 09/07/2004 Corrected 09/27/2004. Acute Exposure Guideline Levels National Forest, Crook County, OR, EIS No. 040400, Final EIS, DOE, WA, BP (AEGLs) for the following chemicals: Comment Period Ends: October 19, Cherry Point Cogeneration Project, To 1,1,1-trichloroethane; acetaldehyde; 2004, Contact: Arthur J. Currier (541) Build a 720-megawatt Gas-Fired acetone cyanohydrin; chloromethyl 416–6500. Combined Cycle Cogeneration methyl ether; cumene; dibromoethane; EIS No. 040414, Draft EIS, BPA, WA, Facility, Energy Facility Site diketene; disulfur dichloride; ethylene Salmon Creek Project, Water Flow Evaluation Council (EFSEC), oxide (10 minute AEGL-2 value); Restoration and Streambed Whatcom County, WA, Wait Period hydroxylamine; jet fuel 8; Rehabilitation, Providing Passage for Ends: September 27, 2004, Contact: propionaldehyde; propylene oxide; Summer Steelhead and Spring Thomas E. McKinney (503) 230–4749. tetranitromethane and vinyl acetate. Chinook, Funding, Okanogan County, Revision of FR Notice Published on Regarding one chemical scheduled for WA, Comment Period Ends: October 08/27/2004: CEQ Wait Period Ending the December, 2004 NAC/AEGL 19, 2004, Contact: Donald Rose (503) 09/07/2004 Corrected to 09/27/2004. Committee meeting, methylene 230–3796. EIS No. 040401, Final EIS, EPA, FL, chloride, the public is requested to Palm Beach Harbor Ocean Dredged Amended Notices provide comment on the Draft Technical Material Disposal Site and the Port Support Document, which is available EIS No. 040276, Final EIS, FAA, MN, Everglades Harbor Ocean Dredged Flying Cloud Airport Expansion, Material Disposal Site, Designation, upon request from the technical FOR FURTHER Extension of the Runways 9R/27L and FL, Wait Period Ends: September 27, information contact (see 9L/27R, Long-Term Comprehensive 2004, Contact: Christopher McArthur INFORMATION CONTACT below). All Development in the City of Eden (404) 562–9391. Revision of FR Notice comments and suggestions including Prairie, Hennepin County, MN, Wait Published on 8/27/2004: CEQ Wait alternative pharmacokinetic and Period Ends: September 16, 2004, Period Ending 9/7/2004 Corrected to pharmacodynamic modeling for the Contact: Glen Orcult (612) 713–4354. 9/27/2004. derived methylene chloride draft Revision of FR Notice Published on EIS No. 040403, Final Supplement, provisional AEGL values should be 08/27/2004: CEQ Comment Period NOA, FL, MS, TX, AL, LA, Reef Fish directed to the technical information Extended from 09/01/2004 to 09/16/ Fishery Management Plan contact. Any comments should be 2004. Amendment 22, To Set Red Snapper submitted no later than October 29, EIS No. 040385, Final EIS, AFS, WA, Sustainable Fisheries Act Targets and 2004. Requests for short presentations Crystal Mountain Master Thresholds, Set a Rebuilding Plan, regarding methylene chloride AEGL Development Plan, To Provide Winter and Establish Bycatch Reporting derivation should also be directed to the and Summer Recreational Use, Methodologies for the Reef Fish technical information contact. Proposed Special-Use-Permit, Mt. Baker- Fishery, Gulf of Mexico, Wait Period AEGL values for methylene chloride are Snoqualmie National Forest, Silver Ends: September 27, 2004, Contact: scheduled to be balloted at the Creek Watershed, Pierce County, WA, Dr. Roy E. Crabtree (727) 570–5305. December 13-15, 2004 NAC/AEGL Wait Period Ends: September 20, Revision of FR Notice Published on 8/ Committee meeting currently planned to 2004, Contact: Larry Donovan (425) 27/2004: CEQ Wait Period Ending 9/ be held in Research Triangle Park, North 744–3403. Revision of FR Notice 7/2003 Corrected to 9/27/2004. Carolina. published on 08/20/2004: Change in Dated: August 31, 2004. DATES: A meeting of the NAC/AEGL Contact Person Telephone Number. Robert W. Hargrove, Committee will be held from 10:00 a.m. EIS No. 040389, Draft Supplement, to 5:30 p.m. on September 21, 2004; FHW, WI, MN, MN–36/WI–64 St. Director, NEPA Compliance Division, Office of Federal Activities. 8:30 a.m. to 5:30 p.m. on September 22, Croix River Crossing Project, 2004 and from 8:00 a.m. to 12:00 p.m. [FR Doc. 04–20145 Filed 9–2–04; 8:45 am] Construction of a New Crossing on September 23, 2004. between the Cities of Stillwater and BILLING CODE 6560–50–P ADDRESSES: Oak Park Heights in Washington The meeting will be held at County, MN and the Town of St. the U.S. Department of Labor, 200 ENVIRONMENTAL PROTECTION Joseph in St. Croix County, WI, Constitution Avenue, NW., Washington, AGENCY Updated and Additional Information, DC 20210, Room numbers C5515 1A Funding, Washington County, MN [OPPT–2004–0103; FRL–7673–7] and 1B. and St. Croix County, WI, Comment FOR FURTHER INFORMATION CONTACT: For Period Ends: October 6, 2004, National Advisory Committee for Acute general information contact: Colby Contact: Cheryl Martin (651) 291– Exposure Guideline Levels for Lintner, Regulatory Coordinator, 6120. Revision of FR Notice Published Hazardous Substances; Notice of Environmental Assistance Division on 8/20/2004: Correction of CEQ Public Meeting and Proposed AEGL (7408M), Office of Pollution Prevention Comment Period from 10–4–2004 to Chemicals and Toxics, Environmental Protection 10–6–2004. AGENCY: Environmental Protection Agency, 1200 Pennsylvania Ave., NW., EIS No. 040398, Final Supplement, EPA, Agency (EPA). Washington, DC 20460–0001; telephone MS, FL, AL, Eastern Gulf of Mexico number: (202) 554–1404; e-mail address: ACTION: Notice. Offshore Oil and Gas Extraction, [email protected].

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For technical information contact: under the ‘‘Federal Register’’ listings at FEDERAL COMMUNICATIONS Paul S. Tobin, Designated Federal http://www.epa.gov/fedrgstr/. COMMISSION Officer (DFO), Economics, Exposure, An electronic version of the public [CC Docket No. 96–45; FCC 04J–2] and Technology Division (7406M), docket is available through EPA’s Office of Pollution Prevention and electronic public docket and comment Federal-State Joint Board on Universal Toxics, 1200 Pennsylvania Ave., NW., system, EPA Dockets. You may use EPA Service Seeks Comment on Certain of Washington, DC 20460–0001; telephone Dockets at http://www.epa.gov/edocket/ the Commission’s Rules Relating to number: (202) 564–8557; e-mail address: High-Cost Universal Service Support [email protected]. to submit or view public comments, access the index listing of the contents AGENCY: Federal Communications SUPPLEMENTARY INFORMATION: of the official public docket, and to Commission. I. General Information access those documents in the public ACTION: Notice; solicitation of docket that are available electronically. comments. A. Does this Action Apply to Me? Although not all docket materials may This action is directed to the public be available electronically, you may still SUMMARY: In this document, the Federal- in general. This action may be of access any of the publicly available State Joint Board on Universal Service particular interest to anyone who may docket materials through the docket seeks comment on issues recently be affected if the AEGL values are facility identified in Unit I.B.1. Once in referred to it by the Commission, adopted by government agencies for the system, select ‘‘search,’’ then key in relating to the high-cost universal emergency planning, prevention, or the appropriate docket ID number. support mechanisms for rural carriers response programs, such as EPA’s Risk and the appropriate rural mechanism to Management Program under the Clean II. Meeting Procedures succeed the five-year plan adopted in the Rural Task Force Order. By this Air Act and Amendments Section 112r. For additional information on the It is possible that other Federal agencies document, the Joint Board initiates its scheduled meeting, the agenda of the review. The Federal-State Joint Board on besides EPA, as well as State agencies NAC/AEGL Committee, or the and private organizations, may adopt Universal Service invites public submission of information on chemicals the AEGL values for their programs. As comment on whether these rules to be discussed at the meeting, contact such, the Agency has not attempted to continue to fulfill their intended the DFO listed under FOR FURTHER describe all the specific entities that purposes, whether modifications are may be affected by this action. If you INFORMATION CONTACT. warranted, and if so, how the rules have any questions regarding the The meeting of the NAC/AEGL should be modified. applicability of this action to a Committee will be open to the public. DATES: Comments are due on or before particular entity, consult the DFO listed Oral presentations or statements by October 15, 2004. Reply Comments are under FOR FURTHER INFORMATION interested parties will be limited to 10 due on or before December 14, 2004. CONTACT. minutes. Interested parties are ADDRESSES: Comments may be filed using the Commission’s Electronic B. How Can I Get Copies of this encouraged to contact the DFO to Comment Filing System (ECFS) or by Document and Other Related schedule presentations before the NAC/ filing paper copies. See Electronic Filing Information? AEGL Committee. Since seating for outside observers may be limited, those of Documents in Rulemaking 1. Docket. EPA has established an wishing to attend the meeting as Proceedings, 63 FR 24121, May 1, 1998. official public docket for this action observers are also encouraged to contact See SUPPLEMENTARY INFORMATION for under docket identification (ID) number the DFO at the earliest possible date to additional filing instructions. OPPT–2004–0103. The official public ensure adequate seating arrangements. FOR FURTHER INFORMATION CONTACT: Ted docket consists of the documents Inquiries regarding oral presentations Burmeister, Attorney, or Sheryl Todd, specifically referenced in this action, and the submission of written Management Analyst, Wireline any public comments received, and statements or chemical-specific Competition Bureau, other information related to this action. information should be directed to the Telecommunication Access Policy Although a part of the official docket, Division, (202) 418–7400 TTY: (202) DFO. the public docket does not include 418–0484. Confidential Business Information (CBI) III. Future Meetings SUPPLEMENTARY INFORMATION: 1. In this or other information whose disclosure is Public Notice, we seek comment on restricted by statute. The official public Another meeting of the NAC/AEGL issues recently referred to us by the docket is the collection of materials that Committee is scheduled for December Commission, relating to the high-cost is available for public viewing at the 13-15, 2004. universal support mechanisms for rural EPA Docket Center, Rm. B102-Reading List of Subjects carriers and the appropriate rural Room, EPA West, 1301 Constitution mechanism to succeed the five-year Ave., NW., Washington, DC. The EPA Environmental protection, Chemicals, plan adopted in the Rural Task Force Docket Center is open from 8:30 a.m. to Hazardous substances, Health. Order, 66 FR 30080, June 5, 2001. In 4:30 p.m., Monday through Friday, particular, the Commission asked the excluding legal holidays. The EPA Dated: August 30, 2004. Joint Board to consider whether a Docket Center Reading Room telephone Wendy C. Hamnett, universal service support mechanism number is (202) 566–1744 and the Acting Director, Office of Pollution Prevention for rural carriers based on forward- telephone number for the OPPT Docket, and Toxics. looking economic cost estimates or which is located in EPA Docket Center, [FR Doc. 04–20138 Filed 9–2–04; 8:45 am] embedded costs would most efficiently is (202) 566–0280. and effectively achieve the goals set BILLING CODE 6560–50–S 2. Electronic access. You may access forth in the Telecommunications Act of this Federal Register document 1996. The Commission also asked the electronically through the EPA Internet Joint Board both to revisit the definition

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of ‘‘rural telephone company’’ for high- State, but exceed the 100,000 access line among carriers of different sizes or cost universal service support purposes threshold in subsection 3(37)(C), are characteristics. Would using finer and to consider consolidating multiple considered to be non-rural carriers. distinctions among carriers better study areas within a State. Finally, the 4. We seek comment on whether the recognize the great diversity among Commission requested that the Joint Commission should continue to use rural telephone companies? Would such Board consider whether to retain or subsection 3(37)(D) to identify rural distinctions be useful in more modify § 54.305 of the Commission’s carriers for high-cost universal service effectively targeting universal service rules, which concerns the amount of purposes despite the anomalies support to rural carriers serving the universal service support for transferred resulting from carriers self-certifying highest cost areas? For example, should exchanges. By this Public Notice, the under this test. There being no statutory the Commission have different high-cost Joint Board initiates its review. As set requirement that the Commission uses universal service support mechanisms forth below, we invite public comment the Act’s definition of rural telephone for small, medium, and large size on whether these rules continue to company for high-cost universal service companies? How should the fulfill their intended purposes, whether purposes, should the Commission Commission determine carrier size? modifications are warranted, and if so, simply eliminate this test? This likely What other characteristics should the how the rules should be modified. would ensure that no study area serving Commission consider in distinguishing more than 100,000 access lines would among carriers? I. Issues for Comment be considered ‘‘rural.’’ Alternatively, 7. We seek comment on whether the 2. We seek comment below on the would some other method be Commission should continue to issues referred to us by the Commission preferable? Is there some universal categorize carriers based generally upon in the Referral Order, 69 FR 48232, service policy objective that would be study area size. Although a carrier’s August 9, 2004, and seek further served by treating a carrier with more study area generally corresponds to the comment on issues from the Joint Board than 100,000 lines as rural when most carrier’s entire service territory within a Recommended Decision on Portability. of those lines are in rural areas? How State, for various reasons a carrier may We first seek comment regarding can we ensure that those policy have more than one study area per state. whether the Commission should objectives are met? Should the To what extent does a carrier operating continue to use the statutory definition Commission interpret subsection multiple study areas in a given State of ‘‘rural telephone company’’ to 3(37)(D) to exclude carriers that are achieve some economies of scale that determine which carriers are rural serving areas that are merely separate, are not reflected in high-cost support carriers for high-cost universal service but adjacent, communities in an calculations based on separate study support purposes. We then seek urbanized area? areas? To what extent is the fact that a comment regarding the appropriate 5. Specifically, could the Commission single company currently has multiple structure of universal service support interpret ‘‘communities of more than study areas within a State inconsistent mechanisms in areas served by rural 50,000’’ in a way that would prevent with the policies underlying the study carriers, including the cost basis of rural treatment of urbanized or area freeze? Would considering all of a support and the method of calculating suburban areas? When the Commission company’s study areas within a State for support. Finally, we seek comment decided to use Census Bureau statistics universal service support purposes regarding whether the Commission for legally incorporated localities, better reflect the appropriate economies should retain, modify, or eliminate consolidated cities, and census- of scale achieved by the carrier? § 54.305 of its rules, which governs designated places to define 8. We seek comment on whether the high-cost universal service support for communities of more than 50,000, there Commission should consider holding transferred exchanges. was no information on the record to company size, as well as study area size, indicate that this definition would when identifying companies that A. Definition of ‘‘Rural’’ for Universal present any problems in the generally do not benefit as much from Service Purposes Commission’s determination of a economies of scale and scope as the 3. We seek comment on whether the carrier’s status as a rural or non-rural large non-rural companies. Many rural Commission should continue to use the company. The Commission declined to carriers are the operating subsidiaries of statutory definition of ‘‘rural telephone adopt an approach proposed by GTE larger holding companies that may company’’ to determine which carriers that would have differentiated between provide some economies of scale not are rural carriers for high-cost universal lines serving metropolitan statistical realized by other non-affiliated rural service purposes. In particular, we seek areas (MSAs) and those serving rural carriers. For example, although mid- comment on the extent to which each of areas. We seek comment on whether we sized rural telephone holding the four subparts of the definition should use different Census Bureau companies with operations in many accurately identifies companies that definitions, such as MSA, urbanized States do not have the same buying ‘‘generally serve fewer subscribers, serve area, or urban cluster, to define power as the largest non-rural more sparsely populated areas, and ‘‘communities of more than 50,000.’’ companies, they likely have greater generally do not benefit as much from Would using any of these broader economies of scale and scope than very economies of scale and scope’’ as the definitions be either under-inclusive or small rural companies with only one large non-rural carriers. For example, over-inclusive in identifying companies study area. Should the Commission approximately 40 companies serving that should be considered as rural for consider having categories of carriers for study areas with more than 100,000 high-cost universal service purposes? high-cost universal service purposes access lines, including one company 6. We also seek comment more that would take into account all serving over 2 million access lines, self- generally on the extent to which the affiliated companies nationwide? certified as rural carriers under Commission should continue to use the 9. If the Commission were to subsection 3(37)(D) of the Act. Most of other three parts of the statutory differentiate between small, medium, these companies are owned by holding definition. We seek comment on and large companies for high-cost companies that have operations in many whether the Commission should modify universal service purposes, how should States. On the other hand, companies its rural/non-rural definitional the Commission define those sizes? that serve only one study area in one framework to permit finer distinctions Should the Commission consider using

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the size categories in subsections benefit consumers? To what extent do those combinations. So that we may 3(37)(B)–(C) of the Act? For example, the Commission’s rules encourage or better understand all of the possible carriers with fewer than 50,000 lines discourage consolidation that may options, we encourage commenters to could be considered small; carriers with provide economies of scale and scope? analyze the impact of each particular more than 50,000 lines, but fewer than To what extent does the existence of option in isolation. Of course, 100,000 lines, could be considered separate support mechanisms for rural commenters should also identify any medium size; and carriers with more and non-rural carriers create incentives benefits or concerns related to particular than 100,000 lines could be considered or disincentives for carriers to achieve combinations of cost bases and support large. To what extent would the size economies of scale that permit the calculations. categories depend on whether the efficient provision of quality Commission is considering study area, telecommunications to consumers in 1. Cost Basis of Support statewide operations, or nationwide rural areas at rates that are reasonably a. Forward-Looking Economic Costs operations in determining company comparable to those in urban areas? Versus Embedded Costs size? Should size categories include 12. We also seek comment on the 15. We seek comment on what impact of changing the definition of consideration of both study area size method should be used to determine the rural carriers. It is possible that if a new and total company size? We invite costs associated with serving a definition of ‘‘rural’’ is adopted for commenters to propose alternative size particular area for the purposes of the purposes of determining high-cost categories, and number of categories, rural support mechanism. In the support, some companies that are that would take into account the Universal Service First Report and currently designated as rural will significant distinctions and great Order, 62 FR 32862, June 17, 1997, the instead be deemed non-rural. We seek diversity among rural telephone Commission agreed with the Joint companies. comment on how such companies Board’s recommendation that forward- 10. We seek comment on what carrier should be treated. For example, should looking economic costs should be the characteristics, in addition to company these companies receive support under size, the Commission should consider the same system as applies to existing basis for universal service support for purposes of determining how high- non-rural companies, or should some because, unlike embedded costs, they cost support should be calculated. To other methodology apply? Should there provide appropriate incentives for what extent should the Commission try be a transition period allowing these investment, entry, and innovation in the to identify carriers that serve rural companies to adjust to whatever new marketplace. In the Ninth Report and areas? While the test in subsection rules and support levels may apply? Order, 64 FR 67416, December 1, 1999, 3(37)(A) would exclude carriers serving and Tenth Report and Order, 64 FR B. Universal Service Support in Areas urbanized areas, the tests in subsections 67372, December 1, 1999, the Served by Rural Carriers 3(37)(B) and (C) consider only the Commission implemented a forward- number of lines. To what extent do 13. In this section, we seek comment looking support mechanism for non- these definitions permit carriers serving on how to determine universal service rural carriers. The Commission’s relatively low-cost suburban areas to support in areas served by rural carriers methodology, based on the forward- receive high-cost support, merely after the end of the RTF plan on June looking high-cost synthesis model, has because of their small size? Should a 30, 2006. We first seek comment on how been used to determine support for non- small carrier in an urbanized area and the underlying costs that provide the rural carriers since January 2000. a small carrier in a sparsely populated basis for support should be determined. However, in the Rural Task Force Order rural area be treated the same for high- Specifically, we seek comment in 2001, the Commission acknowledged cost support purposes? Should the regarding whether forward-looking that it did not, at that time, have Commission try to target support more economic cost estimates, embedded sufficient information to develop a effectively to the highest cost rural areas costs, or some other method of forward-looking model that by considering whether the area served determining costs should be used for appropriately could be used to estimate is rural, as defined in some fashion? rural carriers, how each potential costs in areas served by rural carriers, Should the Commission try to target method of determining costs should be and retained a modified embedded cost support to the highest cost rural areas by implemented, and what method of mechanism. Is it possible now to design comparing the costs among companies determining costs should be used for a forward-looking model that would be or areas and identifying the highest-cost competitive eligible appropriate to estimate costs for some or companies or areas as rural? Should the telecommunications carriers (ETCs). all rural carriers, or do embedded costs Commission consider providing Finally, we seek comment on what remain a more appropriate basis for different levels of support depending on methodology should be used to determining the costs for all rural the rural nature of the area served? If calculate each rural carrier’s support. carriers? If embedded costs remain more commenters believe that the 14. We ask that commenters, in appropriate, what future actions or Commission should consider the type of analyzing these issues, recognize the events, if any, are necessary to make a area served for universal service distinction between the method of forward-looking economic cost model purposes, we ask them to propose how determining the cost basis of support viable? Is a forward-looking economic the Commission should define ‘‘rural and the method of calculating support, cost mechanism a viable long-term goal area.’’ which together form a universal service for areas served by rural carriers? Are 11. Within the context of the support mechanism. For example, there any other methods for determining definition of rural carrier, we seek embedded costs have been linked, in the a rural carrier’s costs, besides a forward- comment on whether the Commission’s past, to universal service support looking economic cost model or universal service rules encourage calculated on a study area basis, while embedded costs, that would be carriers to provide quality, affordable forward-looking economic cost appropriate for universal service services more efficiently. To what extent estimates have been linked to support purposes? do the Commission’s rules encourage calculated using statewide averages. 16. We seek comment on whether a carriers serving rural areas to achieve There is no requirement, however, rural support mechanism that bases economies of scale and scope that may limiting us to consideration of only support on forward-looking economic

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cost estimates or on embedded costs if support is based on the results of a that commenters address these issues more efficiently and effectively achieves forward-looking economic cost model, generally and emphasize that the Act’s goals. Does basing support on should a company’s support be capped commenters need not rely on the forward-looking economic costs or on at the level of support determined under Commission’s synthesis model—which embedded costs better ensure the an embedded cost system? Stated is currently used in the non-rural high- availability of telecommunications another way, should support be capped cost support mechanism—to form the services in rural areas that are at the lesser of embedded or forward- basis of their comments. We seek comparable to those in urban areas, in looking costs? Would such a system comment regarding whether there are terms of both rates and quality? Does provide sufficient support and create other methods of estimating forward- basing support on forward-looking proper incentives for investment and looking economic costs. If a commenter economic costs remain integral to efficiency? contends that some other method of providing appropriate incentives for 20. We seek comment on whether estimating forward-looking economic investment, innovation, and entry into other factors should be analyzed to costs would be appropriate, it should the marketplace? Can embedded costs determine when it is appropriate to use describe its proposed method in detail. be utilized in a manner that would a cost model to determine support for a 23. We also seek comment regarding provide appropriate incentives? We also carrier. In particular, we seek comment the synthesis model. The Rural Task ask commenters to address the on whether the demographics of the Force critiqued the synthesis model and competitive and technological neutrality territory served, such as the density of found fault with its application to rural of each method of determining the cost customer locations, rather than the carriers. What are the major concerns basis of support. lineage of the company or the number regarding the synthesis model with 17. How would shifting to a of lines served should be used to respect to its application to rural mechanism based on forward-looking determine whether support should be carriers? To what extent can those economic costs affect investment in paid under a forward-looking or an concerns be addressed through the facilities that are capable of providing embedded cost system. In addition, we modification or redesign of the advanced services? In the Rural Task seek comment on whether the relative synthesis model? We encourage Force Order, the Commission noted that cost characteristics of the area served commenters to discuss developments the public switched telephone network should be considered in determining the and refinements in cost modeling is not a single-use network. Modern cost basis of support. For example, do techniques that have occurred since the network infrastructure can provide embedded costs provide any useful Rural Task Force evaluated forward- access not only to voice services, but information in determining whether looking costs several years ago. Are also to data, graphics, video, and other using a cost model is appropriate? We there forward-looking cost models now services. High-cost loop support is seek comment on what other factors, in available that may be superior to the available to rural carriers ‘‘to maintain addition to demographics and costs, synthesis model for estimating rural existing facilities and make prudent should be considered in making this carriers’ costs? Are geocoded data for facility upgrades[.]’’ To what extent has decision. rural carriers more readily available the use of embedded costs affected the 21. Finally, we seek comment on the now than in the past? deployment of infrastructure capable of impact of any proposed changes in the 24. Should a forward-looking providing advanced services? Does the rural support mechanism on existing economic cost model for rural carriers embedded cost mechanism create rules that limit the growth of support for use different inputs than those used for different incentives to deploy facilities rural carriers. How would existing non-rural carriers? If so, how should the that are capable of providing advanced capping mechanisms that apply to rural inputs differ for rural carriers? Are there services than the forward-looking carrier support be affected by proposed additional inputs that should be synthesis model? changes in the basis of support for rural considered? We note that in the non- 18. While mindful of our caveat that carriers? If particular changes in the rural mechanism a nationwide set of commenters should distinguish between basis of support are adopted, are inputs is used. To what extent should a the method of determining the cost basis capping mechanisms still necessary? If model for smaller carriers use input of support and the method of so, are there alternative mechanisms values that vary by region or locality? calculating support, we seek comment that would limit growth of the fund to For example, would using inputs that on the extent to which the choice of sufficient levels, while still promoting reflected local or regional physical plant forward-looking economic costs or efficiency and investment? limitations, such as soil or rock embedded costs should be considered in conditions or climate, significantly b. Estimating Forward-Looking the context of a specific method of improve the usefulness of a model for Economic Costs calculating support. For example, is rural carriers? Are there other local or there any reason that forward-looking 22. If the Commission ultimately regional conditions that could be economic costs should be utilized only concludes that it should base support included in a model for rural carriers? as part of a mechanism that calculates for at least some rural carriers on 25. As previously discussed, the support based on statewide average forward-looking economic costs, we Commission has used a forward-looking costs? Or should embedded costs only seek comment on how to estimate cost model as part of the support be used to compare study area costs to forward-looking economic costs in areas mechanism for non-rural carriers since nationwide average cost benchmarks? served by those rural carriers. If 2000. When making proposals for Commenters should explain in detail commenters propose to base support on appropriate changes to the model for why certain methods of determining a forward-looking economic cost model, rural carriers, commenters should costs are particularly appropriate or what factors should be considered in address whether their proposals inappropriate for certain methods of designing a forward-looking economic implicate the non-rural model, and if so, calculating support. cost model for areas served by rural how. For example, if a commenter 19. We also seek comment on whether carriers? To what extent are these proposes that the Commission’s both embedded and forward-looking factors different, in type or degree, from synthesis model should be modified economic costs can be used when the factors relevant to a model for areas before being applied to rural carriers, developing support levels. For example, served by non-rural carriers? We ask the commenter should also explain

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whether such changes are also needed d. Basis of Support for Competitive one ETC? In providing comment, we ask as the model is applied to non-rural ETCs commenters to address the significant carriers. Is it necessary that the model 30. On November 8, 2002, the changes in the marketplace that have or model platform that applies to rural Commission asked the Joint Board to occurred over the past several years. We and non-rural carriers be the same? If review, among other things, the note that, in considering issues related not, why not? Commission’s rules relating to high-cost to support for competitive ETCs, we 26. Should a forward-looking support in study areas in which a may find that it is necessary or economic cost model reflect the competitive ETC is providing service. In appropriate to address these issues availability of telecommunications particular, the Commission sought the separately from other issues we consider provided by ETCs using wireless Joint Board’s review of the methodology in this proceeding. technology? Should there be a single for calculating support for ETCs in 2. Calculation of Support model that estimates costs using the competitive areas and asked the Joint 33. We seek comment on whether the lowest cost technology? Should there be Board to address the concerns raised in Commission should continue to a wireless model, in addition to a the Rural Task Force Order regarding calculate high-cost support for rural wireline model, that estimates costs excessive fund growth if incumbent carriers based on individual carriers’ only for those ETCs that use wireless LECs lose a significant number of lines study area average costs. Does the technology? to competitive ETCs. In our current rural universal service support 27. If a forward-looking economic cost Recommended Decision in response to mechanism provide appropriate model is adopted for some or all rural the prior referral order, we indicated incentives for investment in network telephone companies, how would it be that it would be desirable to ‘‘consider facilities and functions used to provide implemented? Would there be a possible modifications to the basis of supported services? What modifications, transition period, or could it be support for all ETCs during the if any, would improve the incentives for implemented immediately? Or should ‘comprehensive review of the high-cost rural carriers to invest in their network there be different implementation support mechanisms for rural and non- facilities efficiently? Does the current periods for differently sized rural rural carriers.’’’ We explained that our mechanism, by basing support on per- carriers? approach to harmonizing the two line costs, create inefficiencies by mechanisms for rural and non-rural increasing support when rural carriers c. Measuring Embedded Costs carriers will necessarily influence our have declining line counts? recommendations on the basis of 34. The current universal service 28. Assuming that the Commission support in competitive areas. ultimately concludes that rural carriers support mechanisms for rural carriers 31. We thus again seek comment on measure investment expenses using the should continue to receive support the methodology for calculating support based on embedded costs, we seek Commission’s authorized rate-of-return for ETCs in competitive study areas. on investment. In addition, forward- comment on whether changes should be Specifically, we seek comment looking cost models often apply a rate- made with respect to how embedded regarding whether, if multiple carriers of-return to a forward-looking rate base. costs are determined, or if the current are supported, the competitive ETC For example, the Commission’s rules should be retained beyond the five should receive support based on its own synthesis model for non-rural carriers years of the RTF plan. Commenters that costs, the incumbent’s costs, the lesser uses the Commission’s authorized rate- favor changes to embedded costs should of its own or the incumbent’s costs, or of-return as an input for the cost of describe those changes with specificity some other estimate of costs. If the cost capital. We seek comment on the rates and explain how the proposed changes characteristics of the incumbent and the of return that should be used in those would be consistent with the Act’s competitor are different, what are the calculations for rural carriers. Should goals. In particular, we seek comment consequences? If support is based on the the Commission use a rate-of-return regarding changes that would improve incumbent’s costs and the competitive other than that currently used for the reliability of the cost data or reduce ETC has lower costs, does that provide calculating high-cost support for rural the administrative burdens associated a fair or unfair competitive advantage to carriers? Should the Commission use a with compiling, filing, and processing the competitive ETC? Alternatively, rate-of-return other than its authorized cost data. Do the Commission’s rules would providing higher per-line support rate-of-return for the purpose of create reliable accounts of the costs of to the incumbent than to the calculating universal service support for providing supported services in rural competitive ETC pose a regulatory rural carriers? areas? What modifications, if any, barrier to competitive entry in rural 35. Assuming that some support will would improve the incentives for rural areas? If the competitive ETC’s costs are continue to be based on embedded carriers to invest in their network higher than the incumbent’s, should the costs, we also seek comment, for all facilities efficiently? We also seek competitive ETC’s support be limited to support mechanisms, on whether new comment on whether there should be that provided to the incumbent? limitations should be imposed or any changes to the manner in which 32. If support should be provided to existing limitations adjusted on average schedule companies—which do competitive ETCs based on their own particular categories of investment or not currently file actual cost data— costs, how should those costs be expense. For example, the high-cost receive high-cost support. determined? Competitive LECs are not loop support mechanism currently 29. We also seek comment regarding subject to the Commission’s cost limits corporate operations expense. We whether there are any alternative allocation rules. Should the seek comment on whether this methods of developing costs for rural Commission’s cost allocation rules be particular limit remains appropriate or carriers without requiring that rural extended to competitive carriers that needs to be adjusted. More generally, we carriers file actual cost data. For seek to receive universal service seek comment on whether federal example, could proxy data like line support? How would cost studies for support programs should include counts, line density, or other measures wireless carriers be developed? Are similar limitations on corporate be used to determine the cost of serving there other methods of calculating operations or other categories of high-cost areas served by rural carriers? support in study areas with more than expense.

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36. As demonstrated by the Rural rural carriers based on study area costs mechanisms provide sufficient support Task Force, the size of the area over rather than statewide average costs for such carriers? which costs are averaged and the adequately take into account a state’s 42. We seek comment on whether the national average cost benchmark used in ability to address its own universal high-cost loop support mechanism the non-rural mechanism have more service needs? Do states that have many should be merged with local switching impact on determining overall support rural carriers receiving federal support support. Additionally, we seek levels than whether those costs are place greater burdens on the federal comment regarding whether carriers forward-looking or embedded. universal service fund than states that that experience high transport costs Similarly, the area over which costs are have fewer rural carriers? On the other should receive support. Non-rural averaged and the national average cost hand, are there historical or policy carriers receive support for high-cost benchmarks used in the high-cost loop reasons why the Commission should not loops, switching and transport pursuant support mechanism impact overall base rural carrier support on statewide to the non-rural high-cost mechanism. support levels. Should the Commission average costs? The Joint Board and the Would there be benefits to moving rural consider averaging costs over larger Commission have recognized ‘‘that carriers to a single embedded cost areas or smaller areas for high-cost loop statewide averaging may not be mechanism that includes support for support and other programs? For appropriate for the high-cost mechanism high-cost loops, switching and example, should the Commission providing support to rural carriers.’’ transport? consider calculating support based on 40. We also seek comment on whether C. Support for Transferred Exchanges statewide average costs or wire center basing rural company support on wire 43. Under the Commission’s current costs, rather than study areas costs? center costs, rather than study area rules, a carrier that acquires exchanges 37. We seek comment on the cost costs, would more effectively target benchmark or benchmarks that would from an unaffiliated carrier receives support to rural carriers serving the universal service support for those be appropriate to use in future highest cost rural areas. To what extent programs. If the Commission bases acquired exchanges at the same per-line would basing support on wire center support levels for which the exchanges support on statewide costs, what should costs require the use of a cost model? be the benchmarks? If the Commission were eligible prior to the transfer. The Because embedded costs are submitted Commission adopted this rule in its continues to base support on study area at the study area level, it likely would costs, what should be the benchmarks? Universal Service First Report and be administratively burdensome to Order in response to its concern that We also note that the high-cost loop calculate embedded costs at the wire support program uses different until universal service support for all center level. Even if the Commission benchmarks based on the carrier’s size. carriers is based on a forward-looking continues to base rural company We seek comment on whether that economic cost methodology, potential support on embedded costs, should it distinction should be maintained, and if universal service support payments use a cost model to target support to the so, whether the differences in treatment might unduly influence a carrier’s highest cost wire centers? Would of the two groups should remain as large decision to purchase exchanges from targeting support to wire centers be as at present. another carrier. The high-cost support 38. In the high-cost loop support more or less effective than rural carriers’ mechanisms that are subject to the program, the national average current disaggregation plans, which limitations in section 54.305 include unseparated loop cost serves as the basis permit targeting support below the wire rural carrier high-cost loop support, for comparing costs of individual study center level? Given that the LSS, non-rural carrier high-cost model areas. Since 2001, the national average overwhelming majority of rural support, and interim hold-harmless has been defined as $240 per line per telephone companies have chosen not to support for non-rural carriers. In its year, adjusted for inflation. We seek disaggregate, is further targeting of rural Rural Task Force Order, the comment on whether this remains an support necessary or desirable? Could Commission modified this rule to appropriate policy. the Commission use a cost model in permit an acquiring rural carrier to 39. We seek comment on whether conjunction with embedded costs in any receive additional support (i.e., ‘‘safety basing support on statewide average other useful manner? For example, valve’’ support) for substantial costs, as the Commission does in the could the Commission compare investments it made in its acquired non-rural mechanism, is more embedded costs with forward-looking exchanges. Specifically, the safety valve consistent with the purposes of cost estimates to evaluate whether or mechanism enables rural carriers universal service support and the not support is effectively targeted to acquiring access lines to receive principles set forth in section 254 of the rural telephone companies serving the additional high-cost loop support to Act. In reaffirming its decision to use highest cost areas? account for post-acquisition investments statewide average costs in the non-rural 41. The local switching support made to enhance the infrastructure of mechanism, the Commission agreed mechanism (LSS) provides support to and improve the service in the acquired with the Joint Board that ‘‘the general carriers serving 50,000 or fewer lines, exchanges. framework of the non-rural mechanism, without regard to other cost 44. If the Commission concludes that through the use of statewide average characteristics of the carrier. Should the it should maintain separate mechanisms costs, reflects the appropriate division LSS mechanism take switching costs for rural and non-rural carriers, we seek of federal and state responsibility for into account? Is 50,000 lines in service comment on whether the Commission determining high-cost support for non- an appropriate benchmark for eligibility should retain, repeal, or further modify rural carriers.’’ The Commission for LSS? Does this condition provide § 54.305 of its rules. We ask commenters explained that ‘‘[s]tatewide averaging appropriate incentives for rural carriers to discuss the costs and benefits of effectively enables the state to support to consolidate their operations to a level retaining this rule in its current form its high-cost wire centers with funds where quality telecommunications and whether more effective alternatives from its low-cost wire centers through services could be provided more exist to ensure that carriers do not implicit support mechanisms, rather efficiently? Is there a continued need to purchase exchanges in order to than unnecessarily shifting funds from provide support for carriers with high maximize the amount of universal other states.’’ Does providing support to switching costs, or do other high-cost service support that they receive while

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not discouraging rural carriers, entering the building. Commercial Title of Information Collection: SF– including those defined as such in this overnight mail (other than U.S. Postal 424 Research & Related (R&R). proceeding, from acquiring high-cost Service Express Mail and Priority Mail) Form/OMB No.: OS–0994. exchanges from carriers with low must be sent to 9300 East Hampton average costs. We also request comment Drive, Capitol Heights, MD 20743. U.S. Use: The SF–424 (R&R) will on whether the safety valve mechanism Postal Service first-class mail, Express consolidate research and related grants provides sufficient incentives for Mail, and Priority Mail should be application data and forms currently investment in acquired exchanges. addressed to 445 12th Street, SW., used by Federal grant-making agencies with a research mission or conducting II. Request for Comment Washington, DC 20554. All filings must be addressed to the Commission’s research-related activities. The SF–424 45. Pursuant to §§ 1.415 and 1.419 of Secretary, Office of the Secretary, (R&R) will become the common Federal the Commission’s rules, 47 CFR 1.415, Federal Communications Commission. (standard) form for research and related 1.419, interested parties may file In addition, one copy of each pleading grant applications, replacing numerous comments on or before October 15, must be sent to each of the following: agency-specific forms thus reducing the 2004, and reply comments on or before The Commission’s duplicating administrative burden to the Federal December 14, 2004. Comments may be contractor, Best Copy and Printing, Inc, grants community that includes grantees filed using the Commission’s Electronic 445 12th Street, SW., Room CY–B402, (State, Local and Tribal governments; Comment Filing System (ECFS) or by Washington, DC 20554; Web site: non-profit organizations, and education filing paper copies. See Electronic Filing http://www.bcpiweb.com; phone: 1– and research institutions) and Federal of Documents in Rulemaking 800–378–3160; Sheryl Todd, staff involved in grants-related Proceedings, 63 FR 24121, May 1, 1998. Telecommunications Access Policy activities. The form will be available to 46. Comments filed through the ECFS Division, Wireline Competition Bureau, applicants interested in pursuing can be sent as an electronic file via the 445 12th Street, SW., Room 5–B540, research and related grant opportunities. Internet to http://www.fcc.gov/cgb/ecfs/. Washington, DC 20554; e-mail: Generally, only one copy of an Frequency: Recording, Reporting, and [email protected]. electronic submission must be filed. If on occasion. multiple docket or rulemaking numbers Federal Communications Commission. Affected Public: Federal , State, local, appear in the caption of this proceeding, Marlene H. Dortch, or tribal governments, business or other however, commenters must transmit Secretary. for profit, not for profit institutions. one electronic copy of the comments to [FR Doc. 04–20163 Filed 9–2–04; 8:45 am] Annual Number of Respondents: each docket or rulemaking number BILLING CODE 6712–01–P 312,500. referenced in the caption. In completing the transmittal screen, commenters Total Annual Responses: 312,500. should include their full name, U.S. Average Burden Per Response: 40 Postal Service mailing address, and the DEPARTMENT OF HEALTH AND hours. HUMAN SERVICES applicable docket or rulemaking Total Annual Hours: 12,500,000. number. Parties may also submit an Office of the Secretary electronic comment by Internet e-mail. To obtain copies of the supporting statement and any related forms for the To get filing instructions for e-mail [Document Identifier: OS–0994] comments, commenters should send an proposed paperwork collections e-mail to [email protected], and should Emergency Clearance: Public referenced above, access the HHS Web include the following words in the body Information Collection Requirements site address at http://www.hhs.gov/ of the message, ‘‘get form.’’ A sample oirm/infocollect/pending/ or e-mail your form and directions will be sent in AGENCY: Office of the Secretary, HHS. request, including your address, phone reply. Parties who choose to file by In compliance with the requirement number, OMB number, and OS paper must file an original and four of section 3506(c)(2)(A) of the document identifier, to copies of each filing. If more than one Paperwork Reduction Act of 1995, the [email protected], or call the Reports docket or rulemaking number appears in Office of the Secretary (OS), Department Clearance Office on (202) 690–6162. the caption of this proceeding, of Health and Human Services, is Written comments and commenters must submit two additional publishing the following summary of recommendations for the proposed copies for each additional docket or proposed collections for public information collections must be mailed rulemaking number. comment. Interested persons are invited directly to the OS Paperwork Clearance 47. Filings can be sent by hand or to send comments regarding this burden Officer designated at the following messenger delivery, by commercial estimate or any other aspect of this address: Department of Health and overnight courier, or by first-class or collection of information, including any Human Services, Office of the Secretary, overnight U.S. Postal Service mail of the following subjects: (1) The Assistant Secretary for Budget, (although we continue to experience necessity and utility of the proposed Technology, and Finance, Office of delays in receiving U.S. Postal Service information collection for the proper Information and Resource Management, mail). performance of the agency’s functions; Attention: Naomi Cook (0994–), Fax 48. The Commission’s contractor, (2) the accuracy of the estimated Number (202) 690–8715, Room 531–H, Natek, Inc., will receive hand-delivered burden; (3) ways to enhance the quality, 200 Independence Avenue, SW., or messenger-delivered paper filings for utility, and clarity of the information to Washington DC 20201. the Commission’s Secretary at 236 be collected; and (4) the use of Dated: August 27, 2004. Massachusetts Avenue, NE., Suite 110, automated collection techniques or Washington, DC 20002. The filing hours other forms of information technology to Robert E. Polson, at this location are 8 a.m. to 7 p.m. All minimize the information collection Office of the Secretary, Paperwork Reduction hand deliveries must be held together burden. Act Reports Clearance Officer. with rubber bands or fasteners. Any #1 Type of Information Collection [FR Doc. 04–20083 Filed 9–2–04; 8:45 am] envelopes must be disposed of before Request: Emergency Clearance. BILLING CODE 4168–17–P

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DEPARTMENT OF HEALTH AND requesting nominations for individuals compliance with provisions of section HUMAN SERVICES to serve on the Panel. The panel 1011 of the Medicare Prescription Drug, members are: Mark Pauly, Edwin Improvement, and Modernization Act of Office of the Assistant Secretary for Hustead, Alice Rosenblatt, Michael 2003 (MMA). We cannot reasonably Planning and Evaluation Medicare Chernew, David Meltzer, John Bertko, comply with the normal clearance Program; Meeting of the Technical and William Scanlon. procedures because of the statutory Advisory Panel on Medicare Trustee Topics of the Meeting: The Panel is implementation date of September 1, Reports specifically charged with discussing and 2004. possibly making recommendations to OMB evaluated the collection for AGENCY: Assistant Secretary for the Medicare Trustees on how the necessity and utility of the proposed Planning and Evaluation, HHS. Trustees might more accurately estimate information collection for the proper ACTION: Notice of meeting. the long-term rate of health spending in performance of the agency’s functions; the United States. The discussion is SUMMARY: This notice announces a the accuracy of the estimated burden; expected to focus on highly technical public meeting of the Technical ways to enhance the quality, utility, and aspects of estimation involving Advisory Panel on Medicare Trustee clarity of the information to be economics and actuarial science. Reports (Panel). Notice of this meeting collected; and the use of automated Panelists are not restricted, however, in is given under the Federal Advisory collection techniques or other forms of the topics that they choose to discuss. information technology to minimize the Committee Act (5 U.S.C. App. 2, section Procedure and Agenda: This meeting 10(a)(1) and (a)(2)). The Panel will information collection burden. is open to the public. Interested persons OMB approved the collection discuss the long-term rate of change in may observe the deliberations and emergency review of the information health spending and may make discussions, but the Panel will not hear collection referenced below on August recommendations to the Medicare public comments during this time. The 31, 2004. OMB approved CMS’s request Trustees on how the Trustees might Commission will also allow an open of this collection for a 180-day approval more accurately estimate health public session for any attendee to period. spending in the long run. The Panel’s address issues specific to the topic. discussion is expected to be very Note: CMS will issue its payment technical in nature and will focus on the Authority: 42 U.S.C. 217a; Section 222 of methodology shortly. actuarial and economic methods by the Public Health Services Act, as amended. The panel is governed by provisions of Background which Trustees might more accurately Public Law 92–463, as amended (5 U.S.C. measure health spending. Although Appendix 2), which sets forth standards for Section 1011 provides $250 million panelists are not limited in the topics the formation and use of advisory per year for fiscal years (FY) 2005–2008 they may discuss, the Panel is not committees. for payments to eligible providers for expected to discuss or recommend Dated: August 26, 2004. emergency health services provided to changes in current or future Medicare Michael J. O’Grady, undocumented aliens and other specified aliens. Two-thirds of the funds provider payment rates or coverage Assistant Secretary for Planning and policy. Evaluation. will be divided among all 50 States and the District of Columbia based on their DATES: September 15, 2004, 8 a.m.–5 [FR Doc. 04–20161 Filed 9–2–04; 8:45 am] p.m., e.s.t. relative percentages of undocumented BILLING CODE 4150–05–P aliens. One-third will be divided among ADDRESSES: The meeting will be held at the six States with the largest number of HHS headquarters at 200 Independence undocumented alien apprehensions. Ave., SW., 20201, Room 425A. DEPARTMENT OF HEALTH AND HUMAN SERVICES From the respective State allotments, Comments: The meeting will allocate payments will be made directly to time on the agenda to hear public Centers for Medicare and Medicaid hospitals, certain physicians, and comments. In lieu of oral comments, Services ambulance providers for some or all of formal written comments may be the costs of providing emergency health submitted for the record to Andrew [Document Identifier: CMS–10115] care required under section 1867 and Cosgrove, OASPE, 200 Independence related hospital inpatient, outpatient Ave., SW., 20201, Room 443F.8. Those Emergency Clearance: Public Information Collection Requirements and ambulance services to eligible submitting written comments should individuals. Eligible providers may identify themselves and any relevant Submitted to the Office of Management and Budget (OMB) include an Indian Health Service facility organizational affiliations. whether operated by the Indian Health FOR FURTHER INFORMATION CONTACT: AGENCY: Center for Medicare and Service or by an Indian tribe or tribal Andrew Cosgrove (202) 205–8681, Medicaid Services, HHS. organization. A Medicare critical access [email protected]. Note: In compliance with the requirement hospital (CAH) is also a hospital under Although the meeting is open to the of section 3506(c)(2)(A) of the the statutory definition. Payments under public, procedures governing security Paperwork Reduction Act of 1995, the section 1011 may only be made to the procedures and the entrance to Federal Centers for Medicare and Medicaid extent that care was not otherwise buildings may change without notice. Services (CMS), Department of Health reimbursed (through insurance or Those wishing to attend the meeting and Human Services, submitted the otherwise) for such services during that should call or e-mail Mr. Cosgrove by following collection for emergency fiscal year. September 8, 2004, so that their name review and approval. Payments may be made for services may be put on a list of expected We requested an emergency review furnished to certain individuals attendees and forwarded to the security because the collection of this described in the statute as: (1) officers at HHS Headquarters. information is needed before the Undocumented aliens; (2) aliens who SUPPLEMENTARY INFORMATION: On April expiration of the normal time limits have been paroled into the United States 22, 2004, we published a notice under OMB’s regulations at 5 CFR part at a port of entry for the purpose of announcing the establishment and 1320. This is necessary to ensure receiving eligible services; and (3)

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Mexican citizens permitted to enter the Dated: August 31, 2004. a.m. and 4 p.m., Monday through United States for not more than 72 John P. Burke, III, Friday. hours under the authority of a biometric Reports Clearance Officer, Office of Strategic Under section 512(c)(2)(F)(iii) of the machine readable border crossing Operations and Strategic Affairs, Division of act (21 U.S.C. 360b(c)(2)(F)(iii)), this identification card (also referred to as a Regulations Development and Issuances. approval qualifies for 3 years of ‘‘laser visa’’) issued in accordance with [FR Doc. 04–20242 Filed 9–1–04; 1:58 pm] marketing exclusivity beginning July 30, the requirements of regulations BILLING CODE 4120–03–P 2004. prescribed under a specific section of The agency has determined under 21 the Immigration and Nationality Act. CFR 25.33(d)(1) that this action is of a DEPARTMENT OF HEALTH AND type that does not individually or Type of Information Collection HUMAN SERVICES cumulatively have a significant effect on Request: New collection; Title of the human environment. Therefore, Information Collection: Federal Funding Food and Drug Administration neither an environmental assessment of Emergency Health Services (Section nor an environmental impact statement 1011): Enrollment Application; Use: Notice of Approval of Supplemental is required. New Animal Drug Application; This enrollment application will: Dated: August 25, 2004. identify a provider’s potential interest in Ivermectin and Praziquantel Paste Steven D. Vaughn, seeking payment under section 1011, AGENCY: Food and Drug Administration, Director, Office of New Animal Drug but does not require the hospital to seek HHS. Evaluation, Center for Veterinary Medicine. that payment; will allow hospitals to ACTION: Notice. [FR Doc. 04–20178 Filed 9–2–04; 8:45 am] make a payment election, as required by BILLING CODE 4160–01–S section 1011(c)(3)(C); allow CMS to SUMMARY: The Food and Drug obtain necessary financial information Administration (FDA) is providing to effectuate payments and issue the notice that it has approved a DEPARTMENT OF HEALTH AND appropriate tax information; establish supplemental new animal drug HUMAN SERVICES the State of service for each provider; application (NADA) filed by Virbac AH, allow CMS to verify that the hospital, Inc. The supplemental NADA provides Food and Drug Administration physician or provider of ambulance for use of an ivermectin and Vaccines and Related Biological services is currently enrolled as a praziquantel oral paste for the treatment and control of various species of Products Advisory Committee; Notice Medicare provider; require hospitals to internal parasites in mares intended for of Meeting notify physicians of its election under breeding purposes. (c)(3)(C) of section 1011; require AGENCY: Food and Drug Administration, FOR FURTHER INFORMATION CONTACT: hospitals electing hospital and HHS. Melanie R. Berson, Center for Veterinary physician payments to provide Medicine (HFV–110), Food and Drug ACTION: Notice. reimbursement to physicians in a Administration, 7500 Standish Pl., prompt manner; prohibit hospitals This notice announces a forthcoming Rockville, MD 20855, 301–827–7543, e- meeting of a public advisory committee electing to receive both hospital and mail: [email protected]. physician payments from charging an of the Food and Drug Administration SUPPLEMENTARY INFORMATION: Virbac administrative or other fee to physicians (FDA). At least one portion of the AH, Inc., 3200 Meacham Blvd., Ft. for the purpose of transferring meeting will be closed to the public. Worth, TX 7613, filed a supplement to Name of Committee: Vaccines and reimbursement to physicians (see approved NADA 141–215 for EQUIMAX Related Biological Products Advisory section 1011(c)(3)(D)); establishes the (ivermectin 1.87%/praziquantel Committee. provider’s obligation to repay any 14.03%) Paste, used in horses for the General Function of the Committee: assessed overpayment within 30 days of treatment and control of various species To provide advice and notification by CMS; and, informs a of internal parasites. The supplemental recommendations to the agency on provider that applicable Federal laws NADA provides for use of EQUIMAX FDA’s regulatory issues. apply to submission of false claims. Paste in mares intended for breeding Date and Time: The meeting will be Form Number: CMS–10115 (OMB#: purposes. In accordance with section held on September 22, 2004, from 8:15 0938—New); Frequency: Other: as 512(i) of the Federal Food, Drug, and a.m. to 4:30 p.m. and on September 23, needed; Affected Public: Business or Cosmetic Act (the act) (21 U.S.C. 2004, from 9 a.m. to 12:15 p.m. other for-profit, Not-for-profit 360b(i)) and 21 CFR 514.105(a) and Location: Holiday Inn Select institutions, and State, local or tribal 514.106(a), the Center for Veterinary Bethesda, 8120 Wisconsin Ave., govt.; Number of Respondents: 62,500; Medicine is providing notice that this Bethesda, MD 20814. Total Annual Responses: 62,500; Total supplemental NADA is approved as of Contact Person: Christine Walsh or Annual Hours: 31,250. July 30, 2004. The basis of approval is Denise Royster, Center for Biologics discussed in the freedom of information Evaluation and Research (HFM–71), To obtain copies of the supporting summary. Food and Drug Administration, 1401 statement and any related forms for the In accordance with the freedom of Rockville Pike, Rockville, MD, 20852, proposed paperwork collections information provisions of 21 CFR part 301–827–0314, or FDA Advisory referenced above, access CMS’s Web site 20 and 21 CFR 514.11(e)(2)(ii), a Committee Information Line, 1–800– address at http://www.cms.hhs.gov/ summary of safety and effectiveness 741–8138 (301–443–0572 in the regulations/pra/, or e-mail your request, data and information submitted to Washington, DC area), code including your address, phone number, support approval of this application 3014512391. Please call the Information OMB number, and CMS document may be seen in the Division of Dockets Line for up-to-date information on this identifier, to [email protected], Management (HFA–305), Food and Drug meeting. or call the Reports Clearance Office on Administration, 5630 Fishers Lane, rm. Agenda: On September 22, 2004, the (410) 786–1326. 1061, Rockville, MD 20852, between 9 committee will consider the safety and

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efficacy of a tetravalent meningococcal DEPARTMENT OF HEALTH AND participate in the Program are health conjugate vaccine, Menactra, HUMAN SERVICES care practitioners volunteering at free manufactured by Aventis Pasteur, Inc. clinics who meet certain requirements. On September 23, 2004, the committee Health Resources and Services If the health care practitioner meets the will hear an update on the phase 3 Thai Administration Program requirements, he or she can be trial of ALVAC vCP 1521 (Aventis ‘‘deemed’’ to be an employee of the Development of Application Guidance Pasteur, Inc.) with AIDSVAX B/E Public Health Service and would be for Free Clinics To Sponsor a protected from non-FTCA medical (VaxGen, Inc.) for the prevention of Volunteer Health Professional for HIV–1 infection. malpractice lawsuits as a result of the Federal Tort Claims Act (FTCA) performance of medical, surgical, dental Procedure: On September 22, 2004, Deemed Status and FTCA Coverage for or related functions within the scope of from 10 a.m. to 4:30 p.m. and on Medical Malpractice Claims their volunteer work at the free clinic. September 23, 2004, from 9 a.m. to These related functions may include the 10:45 a.m. the meeting is open to the AGENCY: Health Resources and Services Administration, HHS. conduct in certain clinical studies or public. Interested persons may present investigations. data, information, or views, orally or in ACTION: Solicitation of comments. Authorizing Legislation: Section 224 writing, on issues pending before the of the Public Health Service Act (42 SUMMARY: In preparation for the committee. Written submissions may be development of application guidance for U.S.C. 233), as amended by Public Law 104–191 (the Health Insurance made to the contact person by determining the Free Clinics Federal Portability and Accountability Act of September 15, 2004. Oral presentations Tort Claims Act (FTCA) Medical 1996 (HIPAA)). Section 194 of HIPAA from the public will be scheduled Malpractice Program (Program) amended the Act by adding subsection between approximately 2 p.m. and 2:30 qualifications, extent of protection, 224(o), which provides for liability p.m. on September 22, 2004, and requirements for participation, and protection for certain free clinic health between approximately 10:15 a.m. and application process by which persons professionals. 10:45 a.m. on September 23, 2004. Time can determine if and/or how a volunteer allotted for each presentation may be free clinic health professional can be DATES: Please send comments no later limited. Those desiring to make formal deemed a Public Health Service than October 4, 2004. The comments oral presentations should notify the employee and, therefore, afforded FTCA should be addressed to Sam Shekar, contact person before September 16, medical malpractice protections, the M.D., M.P.H., Associate Administrator 2004, and submit a brief statement of Health Resources and Services for Primary Health Care, Health the general nature of the evidence or Administration (HRSA) is offering an Resources and Services Administration, arguments they wish to present, the opportunity to comment on the draft 11th Floor, 4350 East West Highway, Bethesda, Maryland 20814. names and addresses of proposed Program Information Notice (PIN) titled participants, and an indication of the ‘‘Federal Tort Claims Act Coverage of FOR FURTHER INFORMATION CONTACT: approximate time requested to make Free Clinic Volunteer Health Care Program Director, Federal Tort Claims Act Medical Malpractice Program, their presentation. Professionals.’’ This Notice is available Division of Clinical Quality, Bureau of Closed Presentation of Data: On on HRSA’s Bureau of Primary Health Care (BPHC) Web site at http:// Primary Health Care, Health Resources September 22, 2004, from 8:15 a.m. to www.bphc.hrsa.gov/freeclinicsftca. This and Services Administration, 4350 East 9:45 a.m. and on September 23, 2004, PIN details key definitions, sponsorship West Highway, Bethesda, Maryland from 11 a.m. to 12:15 p.m., the meeting requirements, FTCA coverage, and the 20814 (Phone: 301–594–0818 or e-mail: will be closed to permit discussion and documentation required for the deeming [email protected].) review of trade secret and/or application. Dated: August 30, 2004. confidential information (5 U.S.C. HRSA believes that consultation with Elizabeth M. Duke, 552b(c)(4)). the public is an integral part of the Administrator. Persons attending FDA’s advisory application guidance development effort [FR Doc. 04–20180 Filed 9–2–04; 8:45 am] committee meetings are advised that the directed at implementing the Free BILLING CODE 4165–15–P agency is not responsible for providing Clinics FTCA Program. access to electrical outlets. The opportunity to comment includes FDA welcomes the attendance of the (1) Identifying those areas in the DEPARTMENT OF HEALTH AND public at its advisory committee guidance that need clarification and/or HUMAN SERVICES meetings and will make every effort to improvement, and (2) offering suggestions for achieving National Institutes of Health accommodate persons with physical improvements. This PIN will be disabilities or special needs. If you National Cancer Institute; Notice of effective when issued, and BPHC will require special accommodations due to Closed Meeting use the feedback received under this a disability, please contact Christine comment process for future updates to Pursuant to section 10(d) of the Walsh or Denise Royster at least 7 days the PIN for the Free Clinics FTCA Federal Advisory Committee Act, as in advance of the meeting. Program. Comments will be reviewed, amended (5 U.S.C. Appendix 2), notice Notice of this meeting is given under analyzed, and summarized for use in is hereby given of the following the Federal Advisory Committee Act (5 implementing the FTCA Free Clinic meeting. U.S.C. app. 2). Volunteer Health Care Professionals The meeting will be closed to the Dated: August 30, 2004. deeming process. public in accordance with the Background: The purpose of the provisions set forth in sections Lester M. Crawford, Program is to provide FTCA medical 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Acting Commissioner of Food and Drugs. malpractice protection for eligible as amended. The grant applications and [FR Doc. 04–20179 Filed 9–2–04; 8:45 am] volunteer free clinic health the discussions could disclose BILLING CODE 4160–01–S professionals. Individuals eligible to confidential trade secrets or commercial

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property such as patentable material, Date: September 22, 2004. applications, the disclosure of which and personal information concerning Time: 8 a.m. to 2 p.m. would constitute a clearly unwarranted individuals associated with the grant Agenda: To review and evaluate grant invasion of personal privacy. applications. applications, the disclosure of which Place: Marriott Gaithersburg, Name of Committee: National Advisory would constitute a clearly unwarranted Washingtonian Ctr., 9751 Washington Blvd., Council on Minority Health and Health invasion of personal policy. Gaithersburg, MD 20878. Disparities. Name of Committee: National Cancer Contact Person: Peter J. Wirth, Scientific Date: September 14, 2004. Institute Special Emphasis Panel. National Review Adminsitrator, Research Programs Open: 8:30 a.m. to 4:30 p.m. Cooperative Drug Discovery Groups for Review Branch, Division of Extramural Agenda: The Agenda will include Opening Cancer. Activities, National Cancer Institute, 6116 Remarks, Administrative Matters, Director’s Date: October 25–27, 2004. Executive Boulevard, Room 8131, Bethesda, Report, NCMHD, Advisory Council Time: 8 a.m. to 12 p.m. MD 20892–8328. (301) 496–7565; Subcommittee Reports, HHS Health Agenda: To review and evaluate grant [email protected]. Disparities Update, NIH IC and NCMHD applications. Any interested person may file written Grantees Health Disparities Reports, and Place: Gaithersburg Hilton, 620 Perry comments with the committee by forwarding other business of the Council. Parkway, Gaithersburg, MD 20877. the statement to the Contact Person listed on Place: Bethesda Marriott, 5151 Pooks Hill Contact Person: C. Michael Kerwin, PhD, this notice. The statement should include the Road, Bethesda, MD 20814. MPH, Scientific Review Administrator, name, address, telephone number and when Closed: 4:30 p.m. to Adjournment. Special Review and Logistics Branch, applicable, the business or professional Agenda: To review and evaluate grant Division of Extramural Activities, National affiliation of the interested person. applications. Cancer Institute, National Institutes of (Catalogue of Federal Domestic Assistance Place: Bethesda Marriott, 5151 Pooks Hill Health, 6116 Executive Boulevard, Room Program Nos. 93.392, Cancer Construction; Road, Bethesda, MD 20814. 8057, MSC 8329, Bethesda, MD 20892–8329, 93.393, Cancer Cause and Prevention Contact Person: Lisa Evans, JD, Senior (301) 496–7421, [email protected]. Research; 93.394, Cancer Detection and Advisor for Policy, National Center on (Catalogue of Federal Domestic Assistance Diagnosis Research; 93.395, Cancer Minority Health, and Health Disparities, 6707 Program Nos. 93.392, Cancer Construction; Treatment Research; 93.396, Cancer Biology Democracy Blvd., Suite 800, Bethesda, MD 93.393, Cancer Cause and Prevention Research; 93.397, Cancer Centers Support; 20892, 301–402–1366, Research; 93.394, Cancer Detection and 93.398, Cancer Research Manpower; 93.399, [email protected]. Diagnosis Research; 93.395, Cancer Cancer Control, National Institutes of Health, This notice is being published less than 15 Treatment Research; 93.396, Cancer Biology HHS) days prior to the meeting due to the timing limitations imposed by the review and Research; 93.397, Cancer Centers Support; Dated: August 26, 2004. 93.398, Cancer Research Manpower; 93.399, funding cycle. LaVerne Y. Stringfield, Cancer Control, National Institutes of Health, Any interested person may file written HHS) Director, Office of Federal Advisory comments with the committee by forwarding Committee Policy. the statement to the Contact Person listed on Dated: August 26, 2004. [FR Doc. 04–20092 Filed 9–2–04; 8:45 am] this notice. The statement should include the LaVerne Y. Stringfield, name, address, telephone number and when BILLING CODE 4140–01–M Director, Office of Federal Advisory applicable, the business or professional Committee Policy. affiliation of the interested person. [FR Doc. 04–20087 Filed 9–2–04; 8:45 am] DEPARTMENT OF HEALTH AND Dated: August 20, 2004. BILLING CODE 4140–01–M HUMAN SERVICES LaVerne Y. Stringfield, Director, Office of Federal Advisory National Institutes of Health Committee Policy. DEPARTMENT OF HEALTH AND [FR Doc. 04–20091 Filed 9–2–04; 8:45 am] HUMAN SERVICES National Center on Minority Health and Health Disparities; Notice of Meeting BILLING CODE 4140–01–M National Institutes of Health Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND National Cancer Institute; Notice of Federal Advisory Committee Act, as HUMAN SERVICES Closed Meeting amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the Pursuant to section 10(d) of the National Advisory Council on Minority National Institutes of Health Federal Advisory Committee Act, as Health and Health Disparities. National Heart, Lung, and Blood amended (5 U.S.C. Appendix 2), notice The meeting will be open to the Institute; Notice of Closed Meetings is hereby given of the following public as indicated below, with meeting. attendance limited to space available. Pursuant to section 10(d) of the The meeting will be closed to the Individuals who plan to attend and Federal Advisory Committee Act, as public in accordance with the need special assistance, such as sign amended (5 U.S.C. Appendix 2), notice provisions set forth in sections language interpretation or other is hereby given of the following 552b(c)(4) and 552b(c)(6), title 5 U.S.C., reasonable accommodations, should meetings. as amended. The grant applications and notify the Contact Person listed below The meetings will be closed to the the discussions could disclose in advance of the meeting. public in accordance with the confidential trade secrets or commercial The meeting will be closed to the provisions set forth in sections property such as patentable material, public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and personal information concerning provisions set forth in sections as amended. The grant applications individuals assoicated with the grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and/or contract proposals and the applications, the disclosure of which as amended. The grant applications and discussions could disclose confidential would constitute a clearly unwarranted the discussions could disclose trade secrets or commercial property invasion of personal privacy. confidential trade secrets or commercial such as patentable material, and Name of Committee: National Cancer property such as patentable material, personal information concerning Institute Special Emphasis Panel, Natural and personal information concerning individuals associated with the grant Inhibitors of Carcinogenesis. individuals associated with the grant applications and/or contract proposals,

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the disclosure of which would DEPARTMENT OF HEALTH AND Name of Committee: National Institute on constitute a clearly unwarranted HUMAN SERVICES Deafness and Other Communications invasion of personal privacy. Disorders Special Emphasis Panel—Small National Institutes of Health Grants Program. Name of Committee: National Heart, Lung, Date: November 12, 2004. and Blood Institute Special Emphasis Panel, National Institute on Deafness and Time: 8 a.m. to 5 p.m. Jackson Heart Study. Other Communication Disorders; Agenda: To review and evaluate grant Date: October 4, 2004. Notice of Closed Meetings applications. Time: 8 a.m. to 5 p.m. Place: Residence Inn Bethesda, 7335 Agenda: To review and evaluate grant Pursuant to section 10(d) of the Wisconsin Avenue, Bethesda, MD 20814. applications and/or proposals. Federal Advisory Committee Act, as Contact Person: Sheo Singh, PhD, Place: Double Tree Rockville, 1750 amended (5 U.S.C. Appendix 2), notice Scientific Review Administrator, Scientific Review Branch, Division of Extramural Rockville Pike, Rockville, MD 20852. is hereby given of the following Activities, Executive Plaza South, Room Contact Person: Patricia A Haggerty, PhD, meetings. 400C, 6120 Executive Blvd., Bethesda, MD Scientific Review Administrator, Review The meetings will be closed to the 20892, 301–496–8683. Branch, Division of Extramural Affairs, public in accordance with the Name of Committee: National Institute on National Heart, Lung, and Blood Institute, provisions set forth in sections Deafness and Other Communications National Institutes of Health, 6701 Rockledge 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Disorders Special Emphasis Panel—Balance Drive, Room 7188, MSC 7924, Bethesda, MD as amended. The grant applications and Disorders. 20892, (301) 435–0280. the discussions could disclose Date: November 15, 2004. Name of Committee: National Heart, Lung, confidential trade secrets or commercial Time: 1 p.m. to 4 p.m. and Blood Institute Special Emphasis Panel, property such as patentable material, Agenda: To review and evaluate grant review of mentored patient-oriented research and personal information concerning applications. career develop. awards (K–23s), midcareer individuals associated with the grant Place: National Institutes of Health, 6120 investigator awards in patient-oriented applications, the disclosure of which Executive Blvd., Rockville, MD 20852, (Telephone Conference Call). research (K–24s), and mentored quantitative would constitute a clearly unwarranted Contact Person: Sheo Singh, PhD, res. career develop. awards (K–25s). invasion of personal privacy. Scientific Review Administrator, Scientific Date: October 4–5, 2004. Name of Committee: National Institute on Review Branch, Division of Extramural Time: 8 a.m. to 4 p.m. Deafness and Other Communications Activities, Executive Plaza South, Room Agenda: To review and evaluate grant Disorders Special Emphasis Panel—SPO For 400C, 6120 Executive Blvd., Bethesda, MD applications and/or proposals. Cochlear Implants. 20892, 301–496–8683. Place: Hilton Silver Spring, 8727 Colesville Date: October 7, 2004. (Catalogue of Federal Domestic Assistance Road, Silver Spring, MD 20910. Time: 2 p.m. to 5 p.m. Program Nos. 93.173, Biological Research Contact Person: Nancy L Di Fronzo, PhD, Agenda: To review and evaluate grant Related to Deafness and Communicative Review Branch, Division of Extramural applications. Disorders, National Institutes of Health, HHS) Place: National Institutes of Health, 6120 Affairs, National Heart, Lung, and Blood Dated: August 26, 2004. Institute, National Institutes of Health, Executive Blvd., Rockville, MD 20852, (Telephone Conference Call). LaVerne Y. Stringfield, Bethesda, MD 20892, (301) 435–0288, Contact Person: Da-yu Wu, PhD, Scientific [email protected]. Director, Office of Federal Advisory Review Administrator, Scientific Review Committee Policy. Name of Committee: National Heart, Lung, Branch, Division of Extramural Activities, [FR Doc. 04–20086 Filed 9–2–04; 8:45 am] and Blood Institute Special Emphasis Panel, NIDCD, NIH, 6120 Executive Blvd., Suite Review of Institutional National Research 400C, Bethesda, MD 20892, 301–496–8683, BILLING CODE 4140–01–M Service Award Applications (T32s). [email protected]. Date: October 12–14, 2004. Name of Committee: Communication DEPARTMENT OF HEALTH AND Time: 8 a.m. to 5 p.m. Disorders Review Committee. HUMAN SERVICES Agenda: To review and evaluate grant Date: October 20–21, 2004. applications. Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant National Institutes of Health Place: Hilton Silver Spring, 8727 Colesville applications. Road, Silver Spring, MD 20910. Place: Residence Inn Bethesda, 7335 National Institute of Child Health and Contact Person: Judy S Hannah, PhD, Wisconsin Avenue, Bethesda, MD 20814. Human Development; Notice of Closed Scientific Review Administrator, Review Contact Person: Melissa J. Stick, PhD, Meeting Branch, Division of Extramural Affairs, MPH, Chief, Scientific Review Branch, National Heart, Lung, and Blood Institute, Scientific Review Branch, Division of Pursuant to section 10(d) of the National Institutes of Health, 6701 Rockledge Extramural Research, NIDCD/NIH, 6120 Federal Advisory Committee Act, as Drive, Room 7190, Bethesda, MD 20892, Executive Blvd., Bethesda, MD 20892, 301– amended (5 U.S.C. Appendix 2), notice (301) 435–0287. 496–8683. is hereby given of the following Name of Committee: National Institute on meeting. (Catalogue of Federal Domestic Assistance Deafness and Other Communications Program Nos. 93.233, National Center for The meeting will be closed to the Disorders Special Emphasis Panel—NIDCD public in accordance with the Sleep Disorders Research; 93.837, Heart and Training Grant Review. Vascular Diseases Research; 93.838, Lung Date: November 2, 2004. provisions set forth in section 552b(c)(4) Diseases Research; 93.839, Blood Diseases Time: 1 p.m. to 4 p.m. and 552b(c)(6), Title 5 U.S.C., as and Resources Research, National Institutes Agenda: To review and evaluate grant amended. The grant applications and of Health, HHS) applications. the discussions could disclose Place: National Institutes of Health, 6120 confidential trade secrets or commercial Dated: August 26, 2004. Executive Blvd., Rockville, MD 20852, property such as patentable material, LaVerne Y. Stringfield, (Telephone Conference Call). and personal information concerning Contact Person: Shiguang Yang, PhD, Director, Office of Federal Advisory individuals associated with the grant Committee Policy. Scientific Review Administrator, Division of Extramural Activities, NIDCD, NIH, 6120 applications, the disclosure of which [FR Doc. 04–20085 Filed 9–2–04; 8:45 am] Executive Blvd., Bethesda, MD 20892, 301– would constitute a clearly unwarranted BILLING CODE 4140–01–M 496–8683. invasion of personal privacy.

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Name of Committee: National Institute of Name of Committee: National Advisory as amended. The grant applications and Child Health and Human Development Initial Child Health and Human Development the discussions could disclose Review Group Pediatrics Subcommittee. Council. confidential trade secrets or commercial Date: October 13, 2004. Date: September 20–21, 2004. property such as patentable material, Time: 9 a.m. to 5 p.m. Open: September 20, 2004, 8:30 a.m. to Agenda: To review and evaluate grant adjournment. and personal information concerning applications. Agenda: (1) A report by the Director, individuals associated with the grant Place: Holiday Inn Select Bethesda, 8120 NICHD; (2) a presentation by the Child applications, the disclosure of which Wisconsin Ave., Bethesda, MD 20814. Development and Behavior Branch; (3) an would constitute a clearly unwarranted Contact Person: Rita Anand, PhD, update on the NICHD Reading First Teacher invasion of personal privacy. Scientific Review Administrator, Division of Education Network; (4) a presentation by the Name of Committee: Center for Scientific Scientific Review, National Institute of Child Division of Intramural Research; and other Review Special Emphasis Panel, Human Health, and Human Development, NIH, 9000 business of the Council. Brain Project/Neuroinformatics. Rockville Pike, Msc 7510, 6100 Building, Place: National Institutes of Health, Date: September 23–24, 2004. Room 5B01, Bethesda, MD 20892, (301) 496– Building 31, 31 Center Drive, Conference Time: 9 a.m. to 5 p.m. 1487, [email protected]. Room 6, Bethesda, MD 20892. Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Closed: September 21, 2004, 8:30 a.m. to applications. Program Nos. 93.864, Population Research; adjournment. Place: Hyatt Regency Bethesda, One 93.865, Research for Mothers and Children; Agenda: To review and evaluate grant Bethesda Metro Center, 7400 Wisconsin 93.929, Center for Medical Rehabilitation applications and/or proposals. Avenue, Bethesda, MD 20814. Research; 93.209, Contraception and Place: National Institutes of Health, Contact Person: Peter B. Guthrie, PhD, Infertility Loan Repayment Program, National Building 31, 31 Center Drive, Conference Scientific Review Administrator, Center for Institutes of Health, HHS) Room 6, Bethesda, MD 20892. Scientific Review, National Institutes of Contact Person: Yvonne T. Maddox, PhD, Health, 6701 Rockledge Drive, Room 4142, Dated: August 26, 2004. Deputy Director, National Institute of Child MSC 7850, Bethesda, MD 20892, (301) 435– LaVerne Y. Stringfield, Health, And Human Development, NIH, 9000 1239, [email protected]. Rockville Pike MSC 7510, Building 31, Room Name of Committee: Center for Scientific Director, Office of Federal Advisory 2A03, Bethesda, MD 20892, (301) 496–1848. Review Special Emphasis Panel, ZRG1 SBIB Committee Policy. Any interested person may file written [FR Doc. 04–20088 Filed 9–2–04; 8:45 am] C (30): Shared Instrumentation. comments with the committee by forwarding Date: September 28, 2004. BILLING CODE 4140–01–M the statement to the Contact Person listed on Time: 8 a.m. to 12 p.m. this notice. The statement should include the Agenda: To review and evaluate grant name, address, telephone number and when applications. DEPARTMENT OF HEALTH AND applicable, the business or professional Place: Holiday Inn Select Bethesda, 8120 HUMAN SERVICES affiliation of the interested person. Wisconsin Ave. Bethesda, MD 20814. Information is also available on the Contact Person: Bill Bunnag, PhD, National Institutes of Health Institute’s/Center’s home page: http:// Scientific Review Administrator, Center for www.nichd.nih.gov/about/nachhd.htm, Scientific Review, National Institutes of National Institute of Child Health And where an agenda and any additional Health, 6701 Rockledge Drive, Room 5124, Human Delevopment; Notice of information for the meeting will be posted MSC 7854, Bethesda, MD 20892, (301) 435– Meeting when available. 1177, [email protected]. (Catalogue of Federal Domestic Assistance Name of Committee: Center for Scientific Pursuant to section 10(d) of the Program Nos. 93.864, Population Research; Review Special Emphasis Panel, ZRG1 BCHI Federal Advisory Committee Act, as 93.865, Research for Mothers and Children; (50) R: Bioengineering. amended (5 U.S.C. Appendix 2), notice 93.929, Center for Medical Rehabilitation Date: September 28, 2004. is hereby given of a meeting of the Research; 93.209, Contraception and Time: 1 p.m. to 3 p.m. National Advisory Child Health and Infertility Loan Repayment Program, National Agenda: To review and evaluate grant Human Development Council. Institutes of Health, HHS) applications. Dated: August 26, 2004. Place: Holiday Inn Select Bethesda, 8120 The meeting will be open to the Wisconsin Ave. Bethesda, MD 20814. public as indicated below, with LaVerne Y. Stringfield, Contact Person: Bill Bunnag, PhD, attendance limited to space available. Director, Office of Federal Advisory Scientific Review Administrator, Center for Individuals who plan to attend and Committee Policy. Scientific Review, National Institutes of need special assistance, such as sign [FR Doc. 04–20089 Filed 9–2–04; 8:45 am] Health, 6701 Rockledge Drive, Room 5124, language interpretation or other BILLING CODE 4140–01–M MSC 7854, Bethesda, MD 20892, (301) 435– reasonable accommodations, should 1177, [email protected]. notify the Contact Person listed below Name of Committee: Center for Scientific in advance of the meeting. DEPARTMENT OF HEALTH AND Review Special Emphasis Panel, ZRG1 BCHI HUMAN SERVICES (01) Q: Small Business. The meeting will be closed to the Date: September 28–29, 2004. public in accordance with the National Institutes of Health Time: 3 p.m. to 6 p.m. provisions set forth in sections Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Center for Scientific Review; Notice of applications. Place: Holiday Inn Select Bethesda, 8120 as amended. The grant applications Closed Meetings and/or contract proposals and the Wisconsin Ave., Bethesda, MD 20814. discussions could disclose confidential Purusant to section 10(d) of the Contact Person: Bill Bunnag, PhD, trade secrets or commercial property Federal Advisory Committee Act, as Scientific Review Administrator, Center for Scientific Review, National Institutes of such as patentable material, and amended (5 U.S.C. Appendix 2), notice Health, 6701 Rockledge Drive, Room 5124, personal information concerning is hereby given of the following MSC 7854, Bethesda, MD 20892, (301) 435– individuals associated with the grant meetings. 1177, [email protected]. applications and/or contract proposals, The meetings will be closed to the Name of Committee: Oncological Sciences the disclosure of which would public in accordance with the Integrated Review Group, Cancer Molecular constitute a clearly unwarranted provisions set forth in sections Pathobiology Study Section. invasion of personal privacy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: October 3–5, 2004.

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Time: 6 p.m. to 5 p.m. part 404.7(a)(1)(i), that the National infections (e.g., baculoviruses and Agenda: To review and evaluate grant Institutes of Health, Department of retroviruses). applications. Health and Human Services, is Place: Ritz-Carlton Hotel, 1700 Tysons The prospective exclusive license will Boulevard, McLean, VA 22102. contemplating the grant of an exclusive be royalty bearing and will comply with Contact Person: Elaine Sierra-Rivera, PhD, patent license to practice the inventions the terms and conditions of 35 U.S.C. Scientic Review Administrator, Center for embodied in International Patent 209 and 37 CFR part 404.7. The Scientific Review, National Institutes of Application PCT/US98/15011, all prospective exclusive license may be Health, 6701 Rockledge Drive, Room 6184, related foreign and domestic patents granted unless within sixty (60) days MSC 7804, Bethesda, MD 20892, (301) 435– and patent applications, entitled from the date of this published notice, 1779, [email protected]. ‘‘Antitumor Macrocyclic Lactones, the NIH receives written evidence and Name of Committee: Digestive Sciences Compositions and Methods of Use’’ argument that establish that the grant of Integrated Review Group, Clinical and (DHHS Ref. No. E–244–1997/0), and in Integrative Gastrointestinal Pathobiology the license would not be consistent with Study Section. International Patent Application PCT/ the requirements of 35 U.S.C. 209 and Date: October 4–5, 2004. US00/05582, all related foreign and 37 CFR part 404.7. Time: 8 a.m. to 5 p.m. domestic patents and patent Applications for a license in the field Agenda: To review and evaluate grant applications, entitled ‘‘Vacuolar-Type ∂ of use filed in response to this notice applications. (H )-ATPase Inhibiting Compounds, will be treated as objections to the grant Place: Hyatt Regency Bethesda, One Compositions, And Use Thereof ’’ of the contemplated exclusive license. Bethesda Metro Center, 7400 Wisconsin (DHHS Ref. No. E–244–1997/3), to Reata Comments and objections submitted to Avenue, Bethesda, MD 20814. Discovery, Inc., located in Dallas, TX. Contact Person: Mushtaq A. Khan, PhD, this notice will not be made available DVM, Scientic Review Administrator, Center The patent rights in these inventions for public inspection and, to the extent for Scientific Review, National Institutes of have been assigned to the United States permitted by law, will not be released Health, 6701 Rockledge Drive, Room 2176, of America. under the Freedom of Information Act, MSC 7818, Bethesda, MD 20892, (301) 435– The prospective exclusive license 5 U.S.C. 552. 1778, [email protected]. territory will be worldwide and the field Dated: August 25, 2004. Name of Committee: Digestive Sciences of use may be limited to human Integrated Review Group, Xenobiotic and therapeutics for the treatment of cancer. Steven M. Ferguson, Nutrient Disposition and Action Study Director, Division of Technology Development DATES: Only written comments and/or Section. and Transfer, Office of Technology Transfer, Date: October 6–7, 2004. license applications which are received National Institutes of Health. Time: 8 a.m. to 5 p.m. by the National Institutes of Health on [FR Doc. 04–20093 Filed 9–2–04; 8:45 am] or before November 2, 2004 will be Agenda: To review and evaluate grant BILLING CODE 4140–01–P applications. considered. Place: Wyndham Washington, DC, 1400 M Street, NW., Washington, DC 20005. ADDRESSES: Requests for copies of the Contact Person: Patricia Greenwel, PhD, patent, inquiries, comments and other DEPARTMENT OF HEALTH AND Scientic Review Administrator, Center for materials relating to the contemplated HUMAN SERVICES Scientific Review, National Institutes of exclusive license should be directed to: Health, 6701 Rockledge Drive, Room 2174, George G. Pipia, PhD, Technology Substance Abuse and Mental Health MSC 7818, Bethesda, MD 20892, (301) 435– Licensing Specialist, Office of Services Administration 1169, [email protected]. Technology Transfer, National Institutes Suspension of a Laboratory Which No (Catalogue of Federal Domestic Assistance of Health, 6011 Executive Boulevard, Program Nos. 93.306, Comparative Medicine; Longer Meets Minimum Standards To Suite 325, Rockville, MD 20852–3804; Engage in Urine Drug Testing for 93.333, Clinical Research, 93.306, 93.333, Telephone: (301) 435–5560; Facsimile: 93.337, 93.393–93.396, 93.837–93.844, Federal Agencies 93.846–93.878, 93.892, 93.893, National (301) 402–0220; and e-mail: Institutes of Health, HHS) [email protected]. AGENCY: Substance Abuse and Mental Dated: August 26, 2004. SUPPLEMENTARY INFORMATION: The Health Services Administration, HHS. LaVerne Y. Stringfield, present inventions include macrocyclic ACTION: Notice. Director, Office of Federal Advisory lactones, and specifically Committee Policy. salicylihalamides and related SUMMARY: The Department of Health and [FR Doc. 04–20090 Filed 9–2–04; 8:45 am] compounds, which are among the Human Services routinely publishes a list of laboratories in the Federal BILLING CODE 4140–01–M classes of compounds identified from biological sources. The NIH licensee for Register that are currently certified to this technology might have some meet standards of Subpart C of the DEPARTMENT OF HEALTH AND obligations to the source-country of the Mandatory Guidelines for Federal HUMAN SERVICES biological material. The present Workplace Drug Testing Programs (59 inventions further provide a method of FR 29925) dated June 9, 1994. National Institutes of Health preventing or treating cancer, which This notice informs the public that comprises administration to a patient an the following laboratory’s certification is Prospective Grant of Exclusive effective anticancer amount of at least suspended because extensive fire License: Antitumor Macrocyclic one compound of the present invention. damage that occurred on July 9, 2004, Lactones, Compositions and Methods Furthermore, these compounds act as has prevented the laboratory from of Use vacuolar-type (H∂)-ATP-ase inhibitors testing specimens and fully AGENCY: National Institutes of Health, and can possibly be useful for the participating in the National Laboratory Public Health Service, DHHS. treatment of osteoporosis, development Certification Program: Gamma-Dynacare ACTION: Notice. of drug resistance in tumor cells, Medical Laboratories, A Division of the Alzheimer’s disease, glaucoma, Gamma-Dynacare Laboratory SUMMARY: This is notice, in accordance abnormal urinary acidification and Partnership, 245 Pall Mall Street, with 35 U.S.C. 209(c)(1) and 37 CFR treatment or prevention of viral London, ONT, Canada N6A 1P4.

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FOR FURTHER INFORMATION CONTACT: ‘‘Certification of Laboratories Engaged Alberta, Canada T5J 5E2; 780–451– Donna M. Bush, PhD, Division of in Urine Drug Testing for Federal 3702/800–661–9876. Workplace Programs, SAMHSA/CSAP, Agencies,’’ sets strict standards that ElSohly Laboratories, Inc., 5 Industrial Room 2–1035, 1 Choke Cherry Road, laboratories must meet in order to Park Dr., Oxford, MS 38655; 662–236– Rockville, Maryland 20857, 240–276– conduct urine drug testing for Federal 2609. 2600 (voice), 240–276–2610 (fax). agencies. To become certified, an Express Analytical Labs, 3405 7th Ave., applicant laboratory must undergo three Anna Marsh, Suite 106, Marion, IA 52302; 319– rounds of performance testing plus an Executive Officer, SAMHSA. 377–0500. on-site inspection. General Medical Laboratories, 36 South [FR Doc. 04–19840 Filed 9–2–04; 8:45 am] To maintain that certification, a BILLING CODE 4160–20–P Brooks St., Madison, WI 53715; 608– laboratory must participate in a 267–6225. quarterly performance testing program Kroll Laboratory Specialists, Inc., 1111 plus periodic, on-site inspections. DEPARTMENT OF HEALTH AND Laboratories which claim to be in the Newton St., Gretna, LA 70053; 504– HUMAN SERVICES applicant stage of certification are not to 361–8989/800–433–3823 (Formerly: be considered as meeting the minimum Laboratory Specialists, Inc.). Substance Abuse and Mental Health LabOne, Inc., 10101 Renner Blvd., Services Administration requirements expressed in the HHS Mandatory Guidelines. A laboratory Lenexa, KS 66219; 913–888–3927/ 800–873–8845 (Formerly: Center for Current List of Laboratories Which must have its letter of certification from Laboratory Services, a Division of Meet Minimum Standards To Engage in HHS/SAMHSA (formerly: HHS/NIDA) LabOne, Inc.). Urine Drug Testing for Federal which attests that it has met minimum Agencies standards. LabOne, Inc., d/b/a Northwest In accordance with Subpart C of the Toxicology, 1141 E. 3900 S., Salt Lake AGENCY: Substance Abuse and Mental Mandatory Guidelines, the following City, UT 84124; 801–293–2300/800– Health Services Administration, HHS. laboratories meet the minimum 322–3361 (Formerly: NWT Drug ACTION: Notice. standards set forth in the Mandatory Testing, NorthWest Toxicology, Inc.; Guidelines: Northwest Drug Testing, a division of SUMMARY: The Department of Health and NWT Inc.). Human Services (HHS) notifies Federal ACL Laboratories, 8901 W. Lincoln Ave., West Allis, WI 53227; 414–328– Laboratory Corporation of America agencies of the laboratories currently Holdings, 7207 N. Gessner Rd., certified to meet the standards of 7840/800–877–7016 (Formerly: Bayshore Clinical Laboratory). Houston, TX 77040; 713–856–8288/ Subpart C of the Mandatory Guidelines 800–800–2387. for Federal Workplace Drug Testing ACM Medical Laboratory, Inc., 160 Laboratory Corporation of America Programs (Mandatory Guidelines) Elmgrove Park, Rochester, NY 14624; Holdings, 69 First Ave., Raritan, NJ published in the Federal Register on 585–429–2264. April 11, 1988 (53 FR 11970), and Advanced Toxicology Network, 3560 08869; 908–526–2400/800–437–4986 revised in the Federal Register on June Air Center Cove, Suite 101, Memphis, (Formerly: Roche Biomedical 9, 1994 (59 FR 29908), and on TN 38118; 901–794–5770/888–290– Laboratories, Inc.). September 30, 1997 (62 FR 51118). A 1150. Laboratory Corporation of America Aegis Analytical Laboratories, Inc., 345 notice listing all currently certified Holdings, 1904 Alexander Dr., Hill Ave., Nashville, TN 37210; 615– laboratories is published in the Federal Research Triangle Park, NC 27709; Register during the first week of each 255–2400. 919–572–6900/800–833–3984 Baptist Medical Center-Toxicology month. If any laboratory’s certification (Formerly: LabCorp Occupational Laboratory, 9601 I–630, Exit 7, Little is suspended or revoked, the laboratory Testing Services, Inc., CompuChem Rock, AR 72205–7299; 501–202–2783 will be omitted from subsequent lists Laboratories, Inc.; CompuChem (Formerly: Forensic Toxicology until such time as it is restored to full Laboratories, Inc., A Subsidiary of Laboratory Baptist Medical Center). certification under the Mandatory Roche Biomedical Laboratory; Roche Clinical Reference Lab, 8433 Quivira CompuChem Laboratories, Inc., A Guidelines. Rd., Lenexa, KS 66215–2802; 800– If any laboratory has withdrawn from Member of the Roche Group). 445–6917. Laboratory Corporation of America HHS National Laboratory Certification Diagnostic Services Inc., dba DSI, 12700 Holdings, 10788 Roselle St., San Program (NLCP) during the past month, Westlinks Dr., Fort Myers, FL 33913; Diego, CA 92121; 800–882–7272 it will be listed at the end, and will be 239–561–8200/800–735–5416. (Formerly: Poisonlab, Inc.). omitted from the monthly listing Doctors Laboratory, Inc., 2906 Julia thereafter. Drive, Valdosta, GA 31602; 229–671– Laboratory Corporation of America This notice is also available on the 2281. Holdings, 1120 Stateline Rd. West, Internet at http://workplace.samhsa.gov DrugProof, Division of Dynacare/ Southaven, MS 38671; 866–827–8042/ and http://www.drugfreeworkplace.gov. Laboratory of Pathology, LLC, 1229 800–233–6339 (Formerly: LabCorp FOR FURTHER INFORMATION CONTACT: Mrs. Madison St., Suite 500, Nordstrom Occupational Testing Services, Inc.; Giselle Hersh or Dr. Walter Vogl, Medical Tower, Seattle, WA 98104; MedExpress/National Laboratory Division of Workplace Programs, 206–386–2661/800–898–0180 Center). SAMHSA/CSAP, Room 2–1035, 1 Choke (Formerly: Laboratory of Pathology of Marshfield Laboratories, Forensic Cherry Road, Rockville, Maryland Seattle, Inc., DrugProof, Division of Toxicology Laboratory, 1000 North 20857; 240–276–2600 (voice), 240–276– Laboratory of Pathology of Seattle, Oak Ave., Marshfield, WI 54449; 715– 2610 (fax). Inc.). 389–3734/800–331–3734. SUPPLEMENTARY INFORMATION: The DrugScan, Inc., P.O. Box 2969, 1119 MAXXAM Analytics Inc.1, 6740 Mandatory Guidelines were developed Mearns Rd., Warminster, PA 18974; Campobello Road, Mississauga, ON, in accordance with Executive Order 215–674–9310. Canada L5N 2L8; 905–817–5700 12564 and section 503 of Pub. L. 100– Dynacare Kasper Medical Laboratories1, (Formerly: NOVAMANN (Ontario) 71. Subpart C of the Guidelines, 10150–102 St., Suite 200, Edmonton, Inc.).

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MedTox Laboratories, Inc., 402 W. Clinical Laboratories; International A Division of the Gamma-Dynacare County Rd. D, St. Paul, MN 55112; Toxicology Laboratories). Laboratory Partnership, 245 Pall Mall 651–636–7466/800–832–3244. Quest Diagnostics Incorporated, 7600 St., London, ONT, Canada N6A 1P4; MetroLab-Legacy Laboratory Services, Tyrone Ave., Van Nuys, CA 91405; 519–679–1630. 1225 NE 2nd Ave., Portland, OR 818–989–2520/800–877–2520 Anna Marsh, 97232; 503–413–5295/800–950–5295. (Formerly: SmithKline Beecham Minneapolis Veterans Affairs Medical Clinical Laboratories). Executive Officer, SAMHSA. Center, Forensic Toxicology Scientific Testing Laboratories, Inc., 450 [FR Doc. 04–19841 Filed 9–2–04; 8:45 am] Laboratory, 1 Veterans Dr., Southlake Blvd., Richmond, VA BILLING CODE 4160–20–P Minneapolis, MN 55417; 612–725– 23236; 804–378–9130. 2088. Sciteck Clinical Laboratories, Inc., 317 National Toxicology Laboratories, Inc., Rutledge Rd., Fletcher, NC 28732; DEPARTMENT OF HOMELAND 1100 California Ave., Bakersfield, CA 828–650–0409. SECURITY 93304; 661–322–4250/800–350–3515. S.E.D. Medical Laboratories, 5601 Office One Source Toxicology Laboratory, Inc., Blvd., Albuquerque, NM 87109; 505– Coast Guard 1213 Genoa-Red Bluff, Pasadena, TX 727–6300/800–999–5227. [USCG–2004–18981] 77504; 888–747–3774 (Formerly: South Bend Medical Foundation, Inc., University of Texas Medical Branch, 530 N. Lafayette Blvd., South Bend, Towing Safety Advisory Committee Clinical Chemistry Division; UTMB IN 46601; 574–234–4176 x276. AGENCY: Coast Guard, DHS. Pathology-Toxicology Laboratory). Southwest Laboratories, 2727 W. Oregon Medical Laboratories, P.O. Box Baseline Rd., Tempe, AZ 85283; 602– ACTION: Notice of meetings. 972, 722 East 11th Ave., Eugene, OR 438–8507/800–279–0027. SUMMARY: The Towing Safety Advisory 97440–0972; 541–687–2134. Sparrow Health System, Toxicology Committee (TSAC) and its working Pacific Toxicology Laboratories, 9348 Testing Center, St. Lawrence Campus, groups will meet as required to discuss DeSoto Ave., Chatsworth, CA 91311; 1210 W. Saginaw, Lansing, MI 48915; various issues relating to shallow-draft 800–328–6942 (Formerly: Centinela 517–364–7400 (Formerly: St. inland and coastal waterway navigation Hospital Airport Toxicology Lawrence Hospital & Healthcare and towing safety. All meetings will be Laboratory). System). open to the public. Pathology Associates Medical St. Anthony Hospital Toxicology DATES: TSAC will meet on Wednesday, Laboratories, 110 West Cliff Dr., Laboratory, 1000 N. Lee St., September 29, 2004, from 8 a.m. to 2 Spokane, WA 99204; 509–755–8991/ Oklahoma City, OK 73101; 405–272– p.m. Working groups will meet on the 800–541–7897x7. 7052. previous day, Tuesday, September 28, PharmChem Laboratories, Inc., 4600 N. Toxicology & Drug Monitoring 2004, from 8:30 a.m. to 3:30 p.m. These Beach, Haltom City, TX 76137; 817– Laboratory, University of Missouri meetings may close early if all business 605–5300 (Formerly: PharmChem Hospital & Clinics, 301 Business Loop is finished. Written material for and Laboratories, Inc., Texas Division; 70 West, Suite 208, Columbia, MO requests to make oral presentations at Harris Medical Laboratory). 65203; 573–882–1273. the meetings should reach the Coast Physicians Reference Laboratory, 7800 Toxicology Testing Service, Inc., 5426 Guard on or before September 13, 2004. West 110th St., Overland Park, KS NW 79th Ave., Miami, FL 33166; 305– Requests to have a copy of your material 66210; 913–339–0372/800–821–3627. 593–2260. Quest Diagnostics Incorporated, 3175 US Army Forensic Toxicology Drug distributed to each member of the Presidential Dr., Atlanta, GA 30340; Testing Laboratory, 2490 Wilson St., Committee or working groups prior to 770–452–1590/800–729–6432 Fort George G. Meade, MD 20755– the meetings should reach the Coast (Formerly: SmithKline Beecham 5235; 301–677–7085. Guard on or before September 13, 2004. ADDRESSES: TSAC will meet in Room Clinical Laboratories; SmithKline Bio- The following laboratory has been 2415, U.S. Coast Guard Headquarters, Science Laboratories). suspended as of July 9, 2004, because 2100 Second Street SW., Washington, Quest Diagnostics Incorporated, 4770 extensive fire damage has prevented the DC 20593–0001. The working groups Regent Blvd., Irving, TX 75063; 800– laboratory from testing specimens: will first meet in the same room and 824–6152 (Moved from the Dallas Gamma-Dynacare Medical Laboratories 1, location on 03/31/01; Formerly: then, if necessary, move to separate SmithKline Beecham Clinical 1 The Standards Council of Canada (SCC) voted spaces designated at that time. Send Laboratories; SmithKline Bio-Science to end its Laboratory Accreditation Program for written material and requests to make Laboratories). Substance Abuse (LAPSA) effective May 12, 1998. oral presentations to Mr. Gerald P. Laboratories certified through that program were Miante, Commandant (G–MSO–1), U.S. Quest Diagnostics Incorporated, 4230 accredited to conduct forensic urine drug testing as South Burnham Ave., Suite 250, Las required by U.S. Department of Transportation Coast Guard Headquarters, G–MSO–1, Vegas, NV 89119–5412; 702–733– (DOT) regulations. As of that date, the certification Room 1210, 2100 Second Street SW., 7866/800–433–2750 (Formerly: of those accredited Canadian laboratories will Washington, DC 20593–0001. This continue under DOT authority. The responsibility notice and related documents are Associated Pathologists Laboratories, for conducting quarterly performance testing plus Inc.). periodic on-site inspections of those LAPSA- available on the Internet at http:// Quest Diagnostics Incorporated, 400 accredited laboratories was transferred to the U.S. dms.dot.gov under the docket number Egypt Rd., Norristown, PA 19403; HHS, with the HHS’ NLCP contractor continuing to USCG–2004–18981. 610–631–4600/877–642–2216 have an active role in the performance testing and FOR FURTHER INFORMATION CONTACT: Mr. laboratory inspection processes. Other Canadian (Formerly: SmithKline Beecham laboratories wishing to be considered for the NLCP Gerald P. Miante, Assistant Executive Clinical Laboratories; SmithKline Bio- may apply directly to the NLCP contractor just as Science Laboratories). U.S. laboratories do. June 9, 1994 (59 FR 29908), and on September 30, Quest Diagnostics Incorporated, 506 E. Upon finding a Canadian laboratory to be 1997 (62 FR 51118). After receiving DOT qualified, HHS will recommend that DOT certify certification, the laboratory will be included in the State Pkwy., Schaumburg, IL 60173; the laboratory (Federal Register, July 16, 1996) as monthly list of HHS certified laboratories and 800–669–6995/847–885–2010 meeting the minimum standards of the Mandatory participate in the NLCP certification maintenance (Formerly: SmithKline Beecham Guidelines published in the Federal Register on program.

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Director, telephone (202) 267–0214, fax Information on Services for Individuals Household Housing; 97.049, Individual and (202) 267–4570, or e-mail at: With Disabilities Household Disaster Housing Operations; [email protected]. 97.050, Individual and Household Program— For information on facilities or Other Needs; 97.036, Public Assistance SUPPLEMENTARY INFORMATION: Notice of services for individuals with disabilities Grants; 97.039, Hazard Mitigation Grant these meetings is given under the or to request special assistance at the Program.) meetings, contact the Assistant Federal Advisory Committee Act, 5 Michael D. Brown, U.S.C. App. 2 (Pub. L. 92–463, 86 Stat. Executive Director as soon as possible. Under Secretary, Emergency Preparedness 770, as amended). Dated: August 26, 2004. and Response, Department of Homeland Agenda of Committee Meeting Joseph J. Angelo, Security. Director of Standards, Marine Safety, Security [FR Doc. 04–20102 Filed 9–2–04; 8:45 am] The agenda includes the following and Environmental Protection. BILLING CODE 9110–10–P items: [FR Doc. 04–20116 Filed 9–2–04; 8:45 am] (1) Status Report of the Crew BILLING CODE 4910–15–P Alertness Working Group. DEPARTMENT OF HOMELAND (2) Status Report of the Towing Vessel SECURITY Regulatory Review Working Group DEPARTMENT OF HOMELAND focusing on Travel Time. SECURITY Federal Emergency Management Agency (3) Status Report of the Maritime Federal Emergency Management Security Working Group. [FEMA–1540–DR] Agency (4) Status Report of the Commercial/ Recreational Boating Interface Working [FEMA–1539–DR] Nevada; Major Disaster and Related Group. Determinations Florida; Amendment No. 6 to Notice of (5) Status Report of the Towing Vessel AGENCY: Federal Emergency a Major Disaster Declaration Designated Examiner Recordkeeping Management Agency, Emergency Working Group. AGENCY: Federal Emergency Preparedness and Response Directorate, (6) Status Report of the Mariner Management Agency, Emergency Department of Homeland Security. Deaths during Nighttime Barge Fleeting Preparedness and Response Directorate, ACTION: Notice. Operations Working Group. Department of Homeland Security. SUMMARY: (7) Status Report of the International ACTION: Notice. This is a notice of the Convention on Standards of Training, Presidential declaration of a major Certification and Watchkeeping for SUMMARY: This notice amends the notice disaster for the State of Nevada (FEMA– Seafarers, 1978, as amended (STCW) of a major disaster declaration for the 1540-DR), dated August 26, 2004, and Implementation Working Group. State of Florida (FEMA–1539–DR), related determinations. (8) Presentation on Oversize/ dated August 13, 2004, and related EFFECTIVE DATE: August 26, 2004. Overloaded Tows and Consideration of determinations. FOR FURTHER INFORMATION CONTACT: Pilot Stress. EFFECTIVE DATES: August 26, 2004. Magda Ruiz, Recovery Division, Federal (9) Presentation on Pilothouse FOR FURTHER INFORMATION CONTACT: Emergency Management Agency, Visibility on Towing Vessels. Magda Ruiz, Recovery Division, Federal Washington, DC 20472, (202) 646–2705. (10) Presentation on Crew Endurance Emergency Management Agency, SUPPLEMENTARY INFORMATION: Notice is Management. Washington, DC 20472, (202) 646–2705. hereby given that, in a letter dated (11) Discussion on Towing Vessel SUPPLEMENTARY INFORMATION: The notice August 26, 2004, the President declared Inspections. of a major disaster declaration for the a major disaster under the authority of the Robert T. Stafford Disaster Relief Procedural State of Florida is hereby amended to include the following areas among those and Emergency Assistance Act, 42 All meetings are open to the public. areas determined to have been adversely U.S.C. 5121–5206 (the Stafford Act), as Please note that the meetings may close affected by the catastrophe declared a follows: early if all business is finished. major disaster by the President in his I have determined that the damage in Members of the public may make oral declaration of August 13, 2004: certain areas of the State of Nevada resulting from a wildland fire on July 14–27, 2004, is presentations during the meetings. If The counties of Brevard, Flagler, Glades, of sufficient severity and magnitude to you would like to make an oral Hendry, and Manatee for Categories C–G warrant a major disaster declaration under presentation at a meeting, please notify under the Public Assistance program (already the Robert T. Stafford Disaster Relief and the Assistant Executive Director no later designated for Categories A and B under the Emergency Assistance Act, 42 U.S.C. 5121– Public Assistance program and Individual than September 13, 2004. Written 5206 (the Stafford Act). I, therefore, declare Assistance.) material for distribution at a meeting that such a major disaster exists in the State Hillsborough County for Categories C–G should reach the Coast Guard no later of Nevada. under the Public Assistance program (already than September 13, 2004. If you would In order to provide Federal assistance, you designated for Categories A and B under the like a copy of your material distributed are hereby authorized to allocate from funds Public Assistance program.) to each member of the Committee or available for these purposes, such amounts as Working Groups in advance of a (The following Catalog of Federal Domestic you find necessary for Federal disaster meeting, please submit 20 copies to the Assistance Numbers (CFDA) are to be used assistance and administrative expenses. Assistant Executive Director no later for reporting and drawing funds: 97.030, You are authorized to provide Public Community Disaster Loans; 97.031, Cora Assistance and Hazard Mitigation in the than September 13, 2004. You may also Brown Fund Program; 97.032, Crisis designated areas, and any other forms of submit this material electronically to the Counseling; 97.033, Disaster Legal Services assistance under the Stafford Act you may e-mail address in FOR FURTHER Program; 97.034, Disaster Unemployment deem appropriate. Consistent with the INFORMATION CONTACT, no later than Assistance (DUA); 97.046, Fire Management requirement that Federal assistance be September 13, 2004. Assistance; 97.048, Individual and supplemental, any Federal funds provided

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under the Stafford Act for Public Assistance Northern Mariana Islands (FEMA–1541– affected adversely by this declared and Hazard Mitigation will be limited to 75 DR), dated August 26, 2004, and related major disaster: percent of the total eligible costs. If Other determinations. Needs Assistance under Section 408 of the The islands of Rota, Saipan, and Tinian for Stafford Act is later requested and warranted, EFFECTIVE DATE: August 26, 2004. debris removal and emergency protective Federal funding under that program will also FOR FURTHER INFORMATION CONTACT: measures (Categories A and B) under the be limited to 75 percent of the total eligible Magda Ruiz, Recovery Division, Federal Public Assistance program. Direct Federal costs. Emergency Management Agency, assistance is authorized. Further, you are authorized to make Washington, DC 20472, (202) 646–2705. The islands of Rota, Saipan, and Tinian in changes to this declaration to the extent the Commonwealth of the Northern Mariana SUPPLEMENTARY INFORMATION: allowable under the Stafford Act. Notice is Islands are eligible to apply for assistance hereby given that, in a letter dated under the Hazard Mitigation Grant Program. The Federal Emergency Management August 26, 2004, the President declared (The following Catalog of Federal Domestic Agency (FEMA) hereby gives notice that a major disaster under the authority of Assistance Numbers (CFDA) are to be used pursuant to the authority vested in the the Robert T. Stafford Disaster Relief for reporting and drawing funds: 97.030, Under Secretary for Emergency and Emergency Assistance Act, 42 Community Disaster Loans; 97.031, Cora Preparedness and Response, Department U.S.C. 5121–5206 (the Stafford Act), as Brown Fund Program; 97.032, Crisis of Homeland Security, under Executive follows: Counseling; 97.033, Disaster Legal Services Order 12148, as amended, Michael Karl, Program; 97.034, Disaster Unemployment of FEMA is appointed to act as the I have determined that the damage in Assistance (DUA); 97.046, Fire Management certain areas of the Commonwealth of the Assistance; 97.048, Individual and Federal Coordinating Officer for this Northern Mariana Islands from flooding, high Household Housing; 97.049, Individual and declared disaster. surf, storm surge, and high winds as a result Household Disaster Housing Operations; I do hereby determine the following of Super Typhoon Chaba beginning on 97.050 Individual and Household Program- area of the State of Nevada to have been August 21, 2004, and continuing, is of Other Needs, 97.036, Public Assistance affected adversely by this declared sufficient severity and magnitude to warrant Grants; 97.039, Hazard Mitigation Grant major disaster: a major disaster declaration under the Robert Program.) T. Stafford Disaster Relief and Emergency Carson City County for Public Assistance. Assistance Act, 42 U.S.C. 5121–5206 (the Michael D. Brown, Carson City County in the State of Nevada Stafford Act). I, therefore, declare that such Under Secretary, Emergency Preparedness is eligible to apply for assistance under the a major disaster exists in the Commonwealth and Response, Department of Homeland Hazard Mitigation Grant Program. of the Northern Mariana Islands. Security. (The following Catalog of Federal Domestic In order to provide Federal assistance, you [FR Doc. 04–20100 Filed 9–2–04; 8:45 am] Assistance Numbers (CFDA) are to be used are hereby authorized to allocate from funds for reporting and drawing funds: 97.030, available for these purposes, such amounts as BILLING CODE 9110–10–P Community Disaster Loans; 97.031, Cora you find necessary for Federal disaster Brown Fund Program; 97.032, Crisis assistance and administrative expenses. Counseling; 97.033, Disaster Legal Services You are authorized to provide assistance DEPARTMENT OF HOMELAND Program; 97.034, Disaster Unemployment for debris removal and emergency protective SECURITY Assistance (DUA); 97.046, Fire Management measures (Categories A and B) under the Assistance; 97.048, Individual and Public Assistance program and Hazard Federal Emergency Management Household Housing; 97.049, Individual and Mitigation in the designated areas and any Agency Household Disaster Housing Operations; other forms of assistance under the Stafford 97.050, Individual and Household Program— Act you may deem appropriate subject to [FEMA–1541–DR] Other Needs; 97.036, Public Assistance completion of Preliminary Damage Grants; 97.039, Hazard Mitigation Grant Assessments. Direct Federal Assistance is Northern Mariana Islands; Amendment Program.) authorized. Consistent with the requirement No. 1 to Notice of a Major Disaster that Federal assistance be supplemental, any Declaration Michael D. Brown, Federal funds provided under the Stafford Under Secretary, Emergency Preparedness Act for Public Assistance and Hazard AGENCY: Federal Emergency and Response, Department of Homeland Mitigation will be limited to 75 percent of the Management Agency, Emergency Security. total eligible costs. If Other Needs Assistance Preparedness and Response Directorate, [FR Doc. 04–20101 Filed 9–2–04; 8:45 am] under Section 408 of the Stafford Act is later Department of Homeland Security. BILLING CODE 9110–10–P warranted, Federal funding under that ACTION: Notice. program will also be limited to 75 percent of the total eligible costs. You are authorized to SUMMARY: This notice amends the notice DEPARTMENT OF HOMELAND make adjustments as warranted to the non- of a major disaster declaration for the SECURITY Federal cost shares as provided under the Commonwealth of the Northern Mariana Insular Areas Act, 48 U.S.C. 1469a(d). Further, you are authorized to make Islands (FEMA–1541–DR), dated August Federal Emergency Management changes to this declaration to the extent 26, 2004, and related determinations. Agency allowable under the Stafford Act. EFFECTIVE DATE: August 27, 2004. [FEMA–1541–DR] The Federal Emergency Management FOR FURTHER INFORMATION CONTACT: Agency (FEMA) hereby gives notice that Magda Ruiz, Recovery Division, Federal Northern Mariana Islands; Major pursuant to the authority vested in the Emergency Management Agency, Disaster and Related Determinations Under Secretary for Emergency Washington, DC 20472, (202) 646–2705. AGENCY: Federal Emergency Preparedness and Response, Department SUPPLEMENTARY INFORMATION: The notice Management Agency, Emergency of Homeland Security, under Executive of a major disaster declaration for the Preparedness and Response Directorate, Order 12148, as amended, William Commonwealth of the Northern Mariana Department of Homeland Security. Lokey, of FEMA is appointed to act as Islands is hereby amended to include ACTION: Notice. the Federal Coordinating Officer for this Individual Assistance and Categories C– declared disaster. G under the Public Assistance program SUMMARY: This is a notice of the I do hereby determine the following for the following areas determined to Presidential declaration of a major areas of the Commonwealth of the have been adversely affected by the disaster for the Commonwealth of the Northern Mariana Islands to have been catastrophe declared a major disaster by

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the President in his declaration of Assistance; 97.048, Individual and regarding additional information, to August 26, 2004: Household Housing; 97.049, Individual and include obtaining a copy of the Household Disaster Housing Operations; information collection instrument with The islands of Rota, Saipan, and Tinian for 97.050, Individual and Household Program— Individual Assistance and Categories C–G Other Needs; 97.036, Public Assistance instructions, should be directed to Mr. under the Public Assistance program (already Grants; 97.039, Hazard Mitigation Grant Richard A. Sloan, 202–616–7600, designated for Categories A and B under the Program.) Director, Regulations and Forms Public Assistance program and direct Federal Services Division, Department of assistance.) Michael D. Brown, Homeland Security, Room 4034, 425 I (The following Catalog of Federal Domestic Under Secretary, Emergency Preparedness Street, NW., Washington, DC 20536. Assistance Numbers (CFDA) are to be used and Response, Department of Homeland Written comments and suggestions from Security. for reporting and drawing funds: 97.030, the public and affected agencies Community Disaster Loans; 97.031, Cora [FR Doc. 04–20103 Filed 9–2–04; 8:45 am] concerning the proposed collection of Brown Fund Program; 97.032, Crisis BILLING CODE 9110–10–P information should address one or more Counseling; 97.033, Disaster Legal Services of the following four points: Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management DEPARTMENT OF HOMELAND (1) Evaluate whether the proposed Assistance; 97.048, Individual and SECURITY collection of information is necessary Household Housing; 97.049, Individual and for the proper performance of the Household Disaster Housing Operations; Bureau of Immigration and Customs functions of the agency, including 97.050 Individual and Household Program— Enforcement whether the information will have Other Needs, 97.036, Public Assistance practical utility; Grants; 97.039, Hazard Mitigation Grant Agency Information Collection Program.) (2) Evaluate the accuracy of the Activities: Extension of Existing agencies estimate of the burden of the Michael D. Brown, Collection; Comment Request proposed collection of information, Under Secretary, Emergency Preparedness including the validity of the ACTION: Request OMB emergency and Response, Department of Homeland methodology and assumptions used; Security. approval: screening requirements of carriers; OMB–16, 1653–0016. (3) Enhance the quality, utility, and [FR Doc. 04–20104 Filed 9–2–04; 8:45 am] clarity of the information to be BILLING CODE 9110–10–P The Department of Homeland collected; and Security (DHS) and the Bureau of (4) Minimize the burden of the Immigration and Customs Enforcement collection of information on those who DEPARTMENT OF HOMELAND (ICE) has submitted an emergency are to respond, including through the SECURITY information collection request (ICR) use of appropriate automated, utilizing emergency review procedures, electronic, mechanical, or other Federal Emergency Management to the Office of Management and Budget Agency technological collection techniques or (OMB) for review and clearance in other forms of information technology, [FEMA–1538–DR] accordance with section e.g., permitting electronic submission of 1320.13(a)(1)(ii) and (a)(2)(iii) of the responses. Pennsylvania; Amendment No. 1 to Paperwork Reduction Act of 1995. The Notice of a Major Disaster Declaration DHS has determined that it cannot Overview of This Information reasonably comply with the normal Collection AGENCY: Federal Emergency clearance procedures under this part (1) Type of Information Collection: Management Agency, Emergency because normal clearance procedures Preparedness and Response Directorate, Extension of a currently approved are reasonably likely to prevent or information collection. Department of Homeland Security. disrupt the collection of information. (2) Title of the Form/Collection: ACTION: Notice. Therefore, immediate OMB approval Screening Requirements for Carriers. has been requested. If granted, the SUMMARY: This notice amends the notice emergency approval is only valid for (3) Agency form number, if any, and of a major disaster for the 180 days. All comments and/or the applicable component of the Commonwealth of Pennsylvania questions pertaining to this pending Department of Homeland Security (FEMA–1538–DR), dated August 6, request for emergency approval must be sponsoring the collection: No Agency 2004, and related determinations. direct to OMB, Office of Information Form Number; File No. OMB–16, EFFECTIVE DATE: August 25, 2004. and Regulatory Affairs, Attention: Desk Bureau of Immigration and Customs FOR FURTHER INFORMATION CONTACT: Officer, Department of Homeland Enforcement. Magda Ruiz, Recovery Division, Federal Security, 725—17th Street, NW., Suite 1. Affected public who will be asked Emergency Management Agency, 10235, Washington, DC 20503; 202– or required to respond, as well as a brief Washington, DC 20472, (202) 646–2705. 395–5806. abstract: Primary: Business or other for- SUPPLEMENTARY INFORMATION: Notice is During the first 60 days of this same profit. The evidence collected is used by hereby given that the incident period for period, a regular review of this DHS to determine whether sufficient this disaster is closed effective August information collection is also being steps were taken by a carrier 25, 2004. undertaken. During the regular review demonstrating improvement in the period, the DHS requests written screening of its passengers in order for (The following Catalog of Federal Domestic comments and suggestions from the the carrier to be eligible for automatic Assistance Numbers (CFDA) are to be used public and affected agencies concerning fines mitigation. for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora this the information collection. (4) An estimate of the total number of Brown Fund Program; 97.032, Crisis Comments are encouraged and will be respondents and the amount of time Counseling; 97.033, Disaster Legal Services accepted until November 2, 2004. estimated for an average respondent to Program; 97.034, Disaster Unemployment During 60-day regular review, ALL respond: 65 responses at 100 hours per Assistance (DUA); 97.046, Fire Management comments and suggestions, or questions response.

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(6) An estimate of the total public Department of Housing Urban and a narrative statement addressing the burden (in hours) associated with the Development, 451 7th Street, SW., factors for award, and a budget collection: 6,500 annual burden hours. Room 7232, Washington, DC 20410. summary. After awards are made, If you have additional comments, FOR FURTHER INFORMATION CONTACT: Jean providers are required to submit a work suggestions, or need a copy of the Whaley, (202) 708–3176 (this is not a plan which includes a planned schedule proposed information collection toll-free number). for accomplishing each of the planned instrument with instructions, or SUPPLEMENTARY INFORMATION: The activities/tasks to be accomplished with additional information, please contact Department is submitting the proposed TA funds, the amount of funds budgeted Richard A. Sloan 202–616–7600, information collection to OMB for for each activity/task and the staff and Director, Regulations and Forms review, as required by the Paperwork other resources allocated to each Services Division, Bureau of Citizenship Reduction Act of 1995 (44 U.S.C. activity/task. Narrative quarterly reports and Immigration Services, Department Chapter 35, as Amended). are required so that the provider’s of Homeland Security, Room 4304, 425 This Notice is soliciting comments performance can be evaluated and I Street, NW., Washington, DC 20536. from members of the public and affected measured against the workplan. Additionally, comments and/or agencies concerning the proposed Quarterly reports also require the suggestions regarding the item(s) collection of information to: (1) Evaluate submission of the SF 269a, a financial contained in this notice, especially whether the proposed collection of status report. A narrative final report regarding the estimated public burden information is necessary for the proper and final SF 269A are also required. and associated response time may also performance of the functions of the Agency form numbers, if applicable: be directed to Mr. Richard A. Sloan. agency, including whether the SF–424, SF–424B, SF–LLL, and HUD– information will have practical utility; Dated: August 31, 2004. 2880. Richard A. Sloan, (2) evaluate the accuracy of the agency’s estimate of the burden of the proposed Members of affected public: For-profit Department Clearance Officer, Department of and non-profit organizations or State Homeland Security, Bureau of Citizenship collection of information; (3) enhance and Immigration Services. the quality, utility, and clarity of the and local governments equipped to provide technical assistance to [FR Doc. 04–20109 Filed 9–2–04; 8:45 am] information to be collected; and (4) minimize the burden of the collection of recipients of CPD programs. BILLING CODE 4410–10–M information on those who are to Estimation of the total numbers of respond, including through the use of hours needed to prepare the appropriate automated collection Information collection including DEPARTMENT OF HOUSING AND techniques or other forms of information URBAN DEVELOPMENT number of respondents, frequency of technology, e.g., permitting electronic response, and hours of response. [Docket No. FR–4904–N–09] submission of responses. This Notice also lists the following Status of the proposed information Notice of Proposed Information information: collection: The FY 2003 Notice of Collection: Comment Request Title of Proposal: Technical Funding Availability (NOFA) for Technical Assistance for Community Assistance for Community Planning and technical assistance providers for CPD Planning and Development Programs Development Program. programs elicited 161 responses. The OMB Control Number, if applicable: Department estimates that each AGENCY: Office of the Assistant 2506–0166. applicant required an average of 60 Secretary for Community Planning And Description of the need for the hours to prepare an application. Each Development, HUD. information and proposed use: year approximately 50 applicants are ACTION: Notice. Application information is needed to chosen for awards. Winners of the determine competition winners, i.e., competition are required to develop a SUMMARY: The proposed information those technical assistance (TA) work plan, requiring approximately 20 collection requirement described below providers best able to offer local hours, submit quarterly reports needing will be submitted to the Office of jurisdictions an ability to shape their approximately six hours each (including Management and Budget (OMB) for CPD resources and other available a final report) and perform record review, as required by the Paperwork resources into effective, coordinated, keeping to include submission of Reduction Act. The Department is neighborhood and community vouchers for reimbursement, estimated soliciting public comments on the development strategies to revitalize and at 12 hours annually. Because these subject proposal. to physically, socially and economically actions are undertaken for each field DATES: Comments Due Date: November strengthen their communities. The office in which the applicant wins 2, 2004. application for the competition requires funds, the numbers reflect more than ADDRESSES: Interested persons are the completion of Standard Forms 424, the base number of winners. invited to submit comments regarding 424B, LLL (if engaged in lobbying), and Approximately 177 workplans were this proposal. Comments should refer to 2880, as well as supplementary developed as a result of the FY 2003 the proposal by name and/or OMB information such as identification of competition and each requires quarterly Control Number and should be sent to: field offices to be served and amounts reports and recordkeeping. The specific Shelia Jones, Reports Liaison Officer, of funds requested for each field office, numbers are as follows:

Number of Number of responses per Hours per respondents respondent Total annual response Total hours frequency

Applctns ...... 161 1 161 60 9660 Workplan Devlpmt ...... 177 1 177 20 3540 Qrtly Reports (incl final report) ...... 177 4 708 6 4248

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Number of Number of responses per Hours per respondents respondent Total annual response Total hours frequency

Rcrdkpng ...... 177 12 2124 2 4248

Total ...... 3170 ...... 21696

Status of the proposed information Seventh Street, Southwest, Washington, families who otherwise would not collection: Reinstatement. DC 20410; e-mail become homeowners. Homebuyers must _ _ Authority: The Paperwork Reduction Act Louise D. [email protected]; be willing to contribute significant of 1995, 44 U.S.C. Chapter 35, as amended. telephone (202) 708–2470 (this is not a amounts of their own sweat equity toll-free number) for copies of the toward the construction of the housing Dated: August 27, 2004. proposed forms and other available units. HUD awards grants to national or Nelson R. Brego´n, information. regional nonprofit public or private General Deputy Assistant Secretary for organizations or consortia for self-help Community Planning and Development. SUPPLEMENTARY INFORMATION: The Department is submitting the proposed housing projects of at least 30 homes. [FR Doc. 04–20076 Filed 9–2–04; 8:45 am] This Notice also lists the following BILLING CODE 4210–29–M information collection to OMB for review, as required by the Paperwork information: Reduction Act of 1995 (44 U.S.C. Title of Proposal: Self-Help DEPARTMENT OF HOUSING AND Chapter 35, as Amended). Homeownership Opportunity Program URBAN DEVELOPMENT This Notice is soliciting comments (SHOP). from members of the public and OMB Control Number, if applicable: [Docket No. FR–4904–N–10] affecting agencies concerning the OMB Control Number: 2506–0157, Expiration Date: August 31, 2004. Notice of Proposed Information proposed collection of information to: Description of the need for the Collection to OMB Comment Request (1) Evaluate whether the proposed information and proposed use: This is a Self-Help Homeownership Opportunity collection of information is necessary proposed information collection for Program (SHOP) for the proper performance of the functions of the agency, including reporting requirements under SHOP. AGENCY: Office of the Assistant whether the information will have SHOP grants are used to fund Secretary for Community Planning and practical utility; (2) evaluate the acquisition and infrastructure Development, HUD. accuracy of the agency’s estimate of the improvements to new self-help housing ACTION: Notice of proposed information burden of the proposed collection of projects, to be occupied by persons collection. information; (3) enhance the quality, meeting the definition of low-income. utility, and clarity of the information to Grant recipients are required to report to SUMMARY: The proposed information be collected; and (4) minimize the HUD on a quarterly and annual basis collection requirement described below burden of the collection of information regarding the success of their SHOP will be submitted to the Office of on those who are to respond; including programs. Information collected from Management and Budget (OMB) for through the use of appropriate SHOP recipients includes proposed review, as required by the Paperwork automated collection techniques or accomplishments, actual Reduction Act. The Department is other forms of information technology, accomplishments, and financial, unit soliciting public comments on the e.g., permitting electronic submission of and beneficiary information. The subject proposal. responses. information collected will be used by DATES: Comment Due Date: November 2, SHOP provides funds for eligible non- HUD to assess the performance of SHOP 2004. profit organizations to purchase home grant recipients and the success of the ADDRESSES: Interested persons are sites and develop or improve the program. invited to submit comments regarding infrastructure needed to set the stage for Agency form numbers, if applicable: this proposal. Comments should refer to sweat equity and volunteer-based HUD–424, HUD–424B, HUD–424CB, the proposal by name and/or OMB homeownership programs for low- SF–LLL, HUD–2880, HUD–2990, HUD– Control Number and should be sent to: income persons and families. SHOP is 2993, HUD–40215, HUD–40216, HUD– Shelia Jones, Reports Liaison Officer, authorized by the Housing Opportunity 40217, HUD–40218, HUD–40219, and Department of Housing Urban and Program Extension Act of 1996, Section HUD–40220. Development, 451 7th Street, SW., 11, and is subject to other Federal Estimation of the total numbers of Room 7232, Washington, DC 20410. crosscutting requirements. SHOP funds hours needed to prepare the information FOR FURTHER INFORMATION CONTACT: are used for eligible expenses to develop collection including number of Louise D. Thompson, Department of decent, safe and sanitary non-luxury respondents, frequency of response, and Housing and Urban Development, 451 housing for low-income persons and hours of response:

Frequency of Hours per Number of Annual hour Paperwork requirement response response respondents burden

HUD–424 ...... 1 0.25 9 2.25 HUD–424B ...... 1 0.25 9 2.25 HUD–424CB ...... 1 2.00 9 18.00 SF–LLL ...... 1 0.25 9 2.25 HUD–2880 ...... 1 0.25 9 2.25 HUD–2990 ...... 1 0.50 9 4.50

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Frequency of Hours per Number of Annual hour Paperwork requirement response response respondents burden

HUD–2993 ...... 1 0 9 0 Rating factor 1 ...... 1 4.00 9 36.00 Rating factor 2 ...... 1 4.00 9 36.00 Rating factor 3 ...... 1 6.00 9 54.00 Rating factor 4 ...... 1 3.00 9 27.00 Rating factor 5 ...... 1 4.00 9 36.00 HUD–40215 ...... 4 2.25 16 144.00 HUD–40216 ...... 1 9.00 16 144.00 HUD–40217 ...... 4 2.25 16 144.00 HUD–40218 ...... 4 2.25 912 8,208.00 HUD–40219 ...... 1 0.50 5 2.50 HUD–40220 ...... 4 0.50 16 32.00

Total annual hour burden ...... 8,895.00

Status of the proposed information reviewed for suitability for use to assist Preferred Alternative within its collection: Revision of a currently the homeless. Today’s Notice is for the authority. Comments on EPA’s NPDES approved collection. purpose of announcing that no GP coverage will also be accepted for Authority: The Paperwork Reduction Act additional properties have been the same 30 days. of 1995, 44 U.S.C. Chapter 35, as amended. determined suitable or unsuitable this ADDRESSES: Written comments on the week. Dated: August 27, 2004. FEIS should be sent to James H. Ducker, Nelson R. Bego´n, Dated: August 26, 2004. Bureau of Land Management, Alaska State Office (931), 222 West 7th Avenue, General Deputy Assistant Secretary for Mark R. Johnston, Community Planning and Development. Director, Office of Special Needs Assistance Anchorage, Alaska 99513–7599. Individual respondents may request [FR Doc. 04–20077 Filed 9–2–04; 8:45 am] Programs. confidentiality. If you wish to withhold BILLING CODE 4210–29–M [FR Doc. 04–19861 Filed 9–2–04; 8:45 am] BILLING CODE 4210–29–M your name or street address from public review or from disclosure under the DEPARTMENT OF HOUSING AND Freedom of Information Act, you must URBAN DEVELOPMENT DEPARTMENT OF THE INTERIOR state this prominently at the beginning of your written comment. Such request [Docket No. FR–4901–N–36] Bureau of Land Management will be honored to the extent allowed by law. All submissions from organizations Federal Property Suitable as Facilities [AK–931–1310–DB–CPAI] and businesses and from individuals to Assist the Homeless identifying themselves as Notice of Availability of the Alpine representatives or officials of AGENCY: Office of the Assistant Satellite Development Plan Final organizations or businesses will be Secretary for Community Planning and Environmental Impact Statement; available for public inspection in their Development, HUD. National Petroleum Reserve—Alaska, entirety. The FEIS will be available in ACTION: Notice. and Colville River Delta either hard copy or on compact disk at SUMMARY: This Notice identifies AGENCY: Bureau of Land Management, the Alaska State Office, Public unutilized, underutilized, excess, and Interior. Information Center at 222 West 7th surplus Federal property reviewed by ACTION: Notice of availability. Avenue, Anchorage, Alaska, 99513– HUD for suitability for possible use to 7599. Copies of the FEIS will also be assist the homeless. SUMMARY: The Bureau of Land available for public review at the EFFECTIVE DATE: September 3, 2004. Management (BLM) announces the following locations: City of Anaktuvuk FOR FURTHER INFORMATION CONTACT: availability of the Alpine Satellite Pass, Anaktuvuk Pass, Alaska; Loussac Kathy Burruss, Department of Housing Development Plan Final Environmental Library and Alaska Resources Library and Urban Development, Room 7262, Impact Statement (FEIS). The FEIS and Information Service, Anchorage, 451 Seventh Street, SW., Washington, provides National Environmental Policy Alaska; City of Atqasuk, Atqasuk, DC 20410; telephone (202) 708–1234; Act (NEPA) analysis and examines Alaska; Tuzzy Public Library, Barrow, TTY number for the hearing- and potential impacts of ConocoPhillips Alaska; City of Nuiqsut, Nuiqsut, speech-impaired (202) 708–2565 (these Alaska, Inc.’s (CPAI) proposed action to Alaska; and Noel Wein Library telephone numbers are not toll-free), or develop five satellite oil accumulations Fairbanks, Alaska. The entire document call the toll-free Title V information line in the Northeast National Petroleum can be reviewed at the project Web site at 1–800–927–7588. Reserve—Alaska and the adjacent at http://www.alpine-satellites-eis.com SUPPLEMENTARY INFORMATION: In Colville River Delta. or through BLM—Alaska’s Web site at accordance with the December 12, 1988 DATES: Written comments on the FEIS http://www.ak.blm.us. court order in National Coalition for the will be accepted for 30 days following Written comments on EPA’s NPDES Homeless v. Veterans Administration, the date the Environmental Protection GP should be sent to Cindi Godsey, U.S. No. 88–2503–OG (D.D.C.), HUD Agency (EPA) publishes the Notice of Environmental Protection Agency, 222 publishes a Notice, on a weekly basis, Availability in the Federal Register. W. 7th Avenue, Box 19, Anchorage, identifying unutilized, underutilized, Following this period of availability for Alaska 99513. excess and surplus Federal buildings public review, the BLM will issue a FOR FURTHER INFORMATION CONTACT: Jim and real property that HUD has Record of Decision regarding the Ducker, BLM Alaska State Office, 907–

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271–3130 or Gary Foreman, BLM a 5-feet high pipeline; and power coverage may do so in writing within Northern Field Office, 907–474–2339. transmission on power poles or buried the public notice period. Comments SUPPLEMENTARY INFORMATION: CPAI in the ground. The No Action must be received by EPA no later than proposes to develop five drilling pads Alternative is presented as a benchmark, 30 days following the date the EPA and associated access roads, bridges, enabling the public and decision makers publishes the Notice of Availability for pipelines, power lines, and an airstrip. to compare the magnitude of the FEIS in the Federal Register, to be The pads are termed CD–3, CD–4, CD– environmental affects of the action considered in the EPA’s final 5, CD–6, and CD–7. In the Colville River alternatives. The alternatives cover the determinations regarding NPDES GP Delta, CD–3 is on State of Alaska land full range of reasonable development coverage. and CD–4 is on land owned by Kuukpik scenarios. All comments regarding NPDES GP Corporation, a Native-owned Also included in the FEIS is an coverage should include: (1) The name, corporation created under the authority analysis of full-field development (FFD) address, and telephone number of the of the Alaska Native Claims Settlement for an 890,000-acre area that includes commenter; (2) a concise statement of Act for the village of Nuiqsut. CD–5 is the Colville River Delta west of its the exact basis for any comment; and (3) on land conveyed to Kuukpik within the eastern-most channel and extends west the relevant facts upon which the National Petroleum Reserve—Alaska; to the vicinity of the mouth of the Kogru comment is based. For additional CD–6 and CD–7 are on lands River on the west side of Harrison Bay information regarding the NPDES GP, administered by the BLM in the and south from the Kogru River mouth please refer to Appendix M: Public for approximately 45 miles. In addition Notice of Coverage Under the National National Petroleum Reserve—Alaska. to development proposed by CPAI, the Pollutant Discharge Elimination System The company proposes to place 20 to 30 EIS analyzes development options for General Permit to Discharge to Waters of wells on each pad and to transport the pads, pipelines, and other facilities the United States for Facilities Related unprocessed, three-phase (oil, gas, and throughout the Plan Area in order to to the Extraction of Oil and Gas on the water) drilling product to the Alpine identify potential mitigation measures North Slope of the Brooks Range, Alaska Central Processing Facility for for future development in the area. FFD (AKG–33–0000) in the FEIS. Public processing. Processed oil would be is provided for analysis purposes only, participation has occurred throughout placed in the existing pipeline system and neither the Preferred Alternative the period since the BLM published a for transport to the Trans-Alaska nor the Record of Decision will include Notice of Intent (NOI) in the Federal Pipeline System. FFD as part of the action proposal. Register on February 18, 2003, The FEIS evaluates a range of Decisions on future proposals for announcing the intent to begin alternatives, consistent with applicable developments in the area would be preparation of the Alpine Satellite law, by which to accomplish the addressed through additional NEPA Development Plan EIS. Public scoping proposed action while mitigating analysis. meetings were held in Anchorage, adverse impacts. Five action alternatives Section 810 of the Alaska National Barrow, Nuiqsut, and Fairbanks that fulfill the purpose and need of the Lands Conservation Act requires the between March 6 and March 20, 2003. proposed action are presented and BLM to evaluate the effects of plans Public comments were received on the analyzed, including a Preferred presented in this FEIS on subsistence DEIS from January 16 through March 8, Alternative. The Preferred Alternative is activities in the area of the proposed 2004, and during that period public a modification of the applicant’s action and alternatives, and to hold comment meetings were held in proposal, includes components from public hearings if it finds that any Anaktuvuk Pass, Anchorage, Atqasuk, each of the action alternatives analyzed alternative may significantly restrict Barrow, Nuiqsut, and Fairbanks. in the DEIS and reflects consideration of subsistence activities. The Draft EIS The BLM and four cooperating public and agency comments, regulatory found that the proposal and some agencies—EPA, U.S. Army Corps of needs, and further mitigation of alternatives may significantly restrict Engineers (USACE), U.S. Coast Guard, environmental concerns. The Preferred subsistence activities. As a and the State of Alaska have also Alternative would authorize consequence, BLM held public hearings conducted government-to-government development of the five pads at the on subsistence in conjunction with the consultation with three Native Alaskan locations requested by CPAI. Gravel public meetings to accept comments on governments: The Native Village of roads would connect CD–4 through CD– the Draft EIS in the northern Alaskan Barrow, the Inupiaq Community of the 7 to the Alpine Central Processing communities of Nuiqsut, Barrow, Arctic Slope, and the Native Village of Facility; CD–3 would be accessed by use Atqasuk, and Anaktuvuk Pass. Nuiqsut, and have worked closely with of an airstrip or by ice road. Substantial Appendix B of the FEIS describes how the North Slope Borough, the local portions of the road and pipeline on the Preferred Alternative and the other government of Nuiqsut, and other BLM-managed lands would be moved action alternatives may significantly Federal agencies on the environmental outside of a setback from Fish Creek, restrict subsistence activities. In impact statement. bridges across the Nigliq Channel and addition, all alternatives may The development on Federal lands the Ublutuoch River would be from significantly restrict subsistence in the within the National Petroleum Reserve- bank to bank, all pipelines would be cumulative case. The Appendix makes Alaska is subject to the management elevated a minimum of 7 feet above the determinations required by Section 810 direction provided by the BLM’s Record ground as measured at the vertical prior to authorizing an action. of Decision for the Northeast National support members, and all power lines The EPA has made a tentative Petroleum Reserve-Alaska Integrated would be placed in cable trays mounted determination to issue coverage under Activity Plan/Environmental Impact on the vertical support members. The the North Slope General Permit AKG– Statement (IAP/EIS). The Record of other alternatives include the 33–0000 (NSGP) to ConocoPhillips Decision (ROD) for this development applicant’s proposal (Alternative A) and Alaska, Incorporated, for discharges of environmental impact statement may variations that included such features domestic wastewater from the Alpine amend the IAP/EIS. Any amendment, alternative road, bridge, pipeline, and Satellite Development Plan. Persons including exceptions to requirements to pad locations; access only by airplane or wishing to comment on EPA’s tentative the IAP/EIS, would be limited to those helicopter; a mix of road and air access; determinations of General Permit (GP) changes necessary for the development

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authorized by BLM in the ROD and will Cottonwood, ID 83522–9498, or fax to new land use planning decisions to not constitute a general amendment of (208) 962–3275. All public comments, address issues identified through public the IAP/EIS. including names and mailing addresses scoping and, where appropriate, will EPA is a cooperating agency because of respondents, will be available for incorporate decisions from the existing it potentially has a permitting decision public review at the Cottonwood Field Chief Joseph MFP. to make on the disposal of wastewater Office during regular business hours Public Participation: The BLM will from camps under an NPDES permit. (7:45 a.m. to 4:30 p.m.) Monday through work collaboratively with interested The alternatives presented in the FEIS Friday, except holidays, and may be parties to identify the management discuss the use of a general permit or an published as part of the EIS. Individual decisions that are best suited to local, individual permit. The USACE as a respondents may request regional, and national interests. The cooperating agency will review the confidentiality. If you wish to withhold public scoping process will hold proposed project pursuant to relevant your name or street address from public identify planning issues and provide for Federal jurisdiction. review or from disclosure under the public comment on the proposed Freedom of Information Act, please state planning criteria. Henri R. Bisson, this prominently at the beginning of BLM has identified the following State Director. your written correspondence. The BLM preliminary issue themes: [FR Doc. 04–20036 Filed 9–2–04; 8:45 am] will honor such requests to the extent 1. Vegetation management (including BILLING CODE 4310–JA–P allowed by law. All submissions from noxious weeds, riparian areas and organizations and businesses, and from Wetlands, and fuels and forest individuals identifying themselves as management). DEPARTMENT OF THE INTERIOR representatives or officials of 2. Fire management. 3. Management of habitat for wildlife Bureau of Land Management organizations or businesses, will be available for public inspection in their and special status species. [ID–087–1610–DO–034D] entirety. 4. Management of transportation, public access, and recreational FOR FURTHER INFORMATION CONTACT: For Notice of Intent To Prepare a Resource opportunities. further information or to have your Management Plan and Associated 5. Land tenure adjustments. name added to the Cottonwood RMP Environmental Impact Statement for 6. Availability and management of Mailing List, contact Carrie Christman at the Cottonwood Field Office public lands for commercial uses the Cottonwood Field Office (see (minerals, forest products and livestock AGENCY: Bureau of Land Management, address above), telephone (208) 962– grazing). Interior. 3245. 7. Management of areas with special ACTION: Notice of intent. SUPPLEMENTARY INFORMATION: The values. Cottonwood RMP planning area is 8. Tribal treaty rights and trust SUMMARY: This document provides located in the southern part of the Idaho responsibilities. notice that the Bureau of Land panhandle. The area is bordered to the These preliminary issue themes are not Management (BLM) intends to prepare west by the Oregon and Washington final and may be refined or added to an RMP with an associated EIS for the state lines, to the north by Benewah and through future public participation. Cottonwood Field Office. The planning Shoshone Counties, to the east by the BLM has also identified some area for the RMP, which includes Montana state line, and to the south by preliminary planning criteria to guide 140,143 acres of BLM-administered Lemhi and Valley Counties and the development of the plan, to avoid public lands, is located in Adams, southern portion of Adams County. The unnecessary data collection and Clearwater, Idaho, Latah, Lewis, and Cottonwood Field Office planning area analysis, and to ensure the plan is Nez Perce Counties, Idaho. Preparation lies entirely within the ceded territory tailored to the issues. These criteria may of this RMP and EIS will conform to the of the Nez Perce Tribe. The Nez Perce be modified or other criteria identified Federal Land Policy and Management Reservation lies entirely within the during the public scoping process. The Act (FLPMA), the National planning area, and there are about public is invited to comment on the Environmental Policy Act (NEPA), 17,586 acres of BLM administered land following preliminary planning criteria. Federal regulations, and BLM within the reservation boundary. 1. The plan will comply with all management policies. Management of BLM administered lands applicable laws, regulations, and DATES: This notice initiates the public will involve trust and treaty resources. current policies. This includes local, scoping process. Comments on the The BLM-administered public lands State, tribal, and Federal air quality scope of the plan, including issues or within the Cottonwood Field Office standards; as well as water quality concerns that should be considered, planning area are currently managed in standards from the Idaho Non-Point should be submitted in writing to the accordance with the decisions in the Source Management Program Plans. address listed below by November 15, 1981 Chief Joseph Management 2. The RMP planning effort will be 2004. However, collaboration with the Framework Plan (MFP) as amended. collaborative and multi-jurisdictional in public will continue throughout the BLM will continue to manage these nature. The BLM will strive to ensure planning process. Dates and locations lands in accordance with the MFP and that its management decisions are for public meetings will be announced amendments until the RMP is complementary to other planning through local news media, newsletters, completed and a Record of Decision is jurisdictions and adjoining properties, and the BLM Web site (http:// signed. within the boundaries described by law www.id.blm.gov/planning/ctnwdrmp/ Preparation of an RMP for the and Federal regulations. index.htm), at least 15 days prior to the Cottonwood Field Office is necessary to 3. All previously established event. respond to changing resource Wilderness Study Areas will continue to ADDRESSES: Please mail written conditions; respond to new issues; and be managed for wilderness values and comments to the BLM, Cottonwood provide a comprehensive framework for character until Congress designates Field Office. ATTN: RMP, House 1, managing public lands administered by them as wilderness areas, or releases Butte Drive Route 3, Box 181, the field office. The RMP will establish them for multiple use management.

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4. The RMP will recognize all valid Getchell Library, Reno, NV; Humboldt the RMP/ROD. These modifications existing rights. County Library, Winnemucca, NV; corrected technical errors that were 5. As part of this RMP process, BLM BLM-Nevada Carson City Field Office, noted during review of the PRMP/FEIS will analyze areas for potential Carson City, NV; BLM-Nevada State and provided further clarification for designation as Areas of Critical Office, Reno, NV; Public Library, some of the decisions. Environmental Concern (ACEC) in Gerlach, NV; Public Library, Reno, NV; Dated: May 10, 2004. accordance with 43 CFR 1610.7–2 and Pershing County Public Library, Terry A. Reed, river corridors for suitability for Lovelock, NV; Lyon County Library, designation under the Wild and Scenic Field Manager, Winnemucca Field Office, Dayton, NV; Lyon County Library, Bureau of Land Management. Rivers Act. Fernley, NV; BLM-California Surprise [FR Doc. 04–19606 Filed 9–2–04; 8:45 am] July 6, 2004. Field Office, Cedarville, CA; Modoc BILLING CODE 4310–HC–P K. Lynn Bennett, County Library, Cedarville, CA; Modoc Idaho State Director, Bureau of Land County Library, Alturas CA; BLM- Management. California State Office, Sacramento, CA; DEPARTMENT OF THE INTERIOR [FR Doc. 04–19607 Filed 9–2–04; 8:45 am] and BLM-California Eagle Lake Field BILLING CODE 4310–GG–P Office, Susanville, CA. Persons who are Bureau of Land Management not able to inspect the RMP/ROD either on-line or at one of the locations [ID–086–1610–DO–006D] DEPARTMENT OF THE INTERIOR provided may request one of a limited Notice of Intent To Prepare a Resource number of printed copies or compact Management Plan and Associated Bureau of Land Management discs (CDs) by contacting the NCA Environmental Impact Statement for Planning Staff at the Winnemucca Field the Coeur d’Alene Field Office Notice of Availability of Record of Office by e-mail at [email protected], Decision for the Black Rock Desert- by telephone at (775) 623–1500, or by AGENCY: Bureau of Land Management, High Rock Canyon Emigrant Trails fax at (775) 623–1503. Requests should Interior. National Conservation Area (NCA) and be directed to the NCA Planning Staff, ACTION: Notice of Intent. Associated Wilderness and Other clearly state that it is a request for a Contiguous Lands in Nevada, printed copy or CD of the Black Rock- SUMMARY: This document provides Resource Management Plan (RMP)/ High Rock RMP/ROD, and include the notice that the Bureau of Land Environmental Impact Statement (EIS), name, mailing address and phone Management (BLM) intends to prepare Nevada number of the requesting party. an RMP with an associated EIS for the AGENCY: Bureau of Land Management, FOR FURTHER INFORMATION CONTACT: Coeur d’Alene Field Office. The Interior. David C. Cooper, NCA Manager, BLM planning area for the RMP, which ACTION: Notice of availability of Record Winnemucca Field Office, 5100 E includes 96,745 acres of BLM- of Decision (ROD). Winnemucca Blvd., Winnemucca, NV administered public land, is located in 89445–2921, (775) 623–1500, Boundary, Bonner, Kootenai, Benewah, SUMMARY: In accordance with the [email protected] (‘‘Attn: NCA and Shoshone Counties, Idaho. National Environmental Policy Act Manager’’ in subject line of message). Preparation of this RMP and EIS will (NEPA), the Federal Land Policy and SUPPLEMENTARY INFORMATION: The RMP/ conform with the Federal Land Policy Management Act (FLPMA), Bureau of ROD was developed with broad public and Management Act (FLPMA), the Land Management (BLM) policies, and participation through a 3-year National Environmental Policy Act the Black Rock Desert-High Rock collaborative planning process. This (NEPA), Federal Regulations, and BLM Canyon Emigrant Trails National RMP/ROD addresses management on management policies. Conservation Area Act of 2000 (Public approximately 1.2 million acres of DATES: This notice initiates the public Law 106–554), the BLM announces the public land in the planning area. The scoping process. Comments on the availability of the RMP/ROD for the RMP/ROD is designed to achieve or scope of the plan, including issues or Black Rock Desert-High Rock Canyon maintain objectives that were identified concerns that should be considered, Emigrant Trails National Conservation in the legislation that created the NCA should be submitted in writing to the Area Planning Area, located in and wilderness areas or developed address listed below by November 15, northwestern Nevada. The Nevada and through the planning process. The RMP/ 2004. However, collaboration with the California State Directors will sign the ROD includes a series of management public will continue throughout the RMP/ROD, which becomes effective actions to meet the desired resource planning process. Dates and locations immediately. conditions for upland and riparian for public meetings will be announced ADDRESSES: Copies of the Black Rock vegetation, wildlife habitats, cultural through local news media, newsletters, Desert-High Rock Canyon Emigrant and visual resources, livestock grazing and the BLM Web site (http:// Trails National Conservation Area and recreation. www.id.blm.gov/planning/cdarmp/ (NCA) and Associated Wilderness and The approved RMP is essentially the index.htm), at least 15 days prior to the Other Contiguous Lands in Nevada same as Alternative D in the Proposed event. RMP/ROD are available upon request RMP/Final Environmental Impact ADDRESSES: Please mail written from the Field Manager, Winnemucca Statement (PRMP/FEIS), published in comments to the BLM, Coeur d’Alene Field Office, Bureau of Land September 2003. BLM received eight Field Office, Attn: RMP, 1808 North Management, 5100 E Winnemucca protests to the PRMP/FEIS. No Third Street, Coeur d’Alene, ID 83814– Blvd., Winnemucca, Nevada 89445– inconsistencies with State or local 3407, or fax to (208) 769–5050. All 2921, or via the Internet at http:// plans, policies or programs were public comments, including names and www.blackrockhighrock.org. Copies of identified during the Governor’s mailing addresses of respondents, will the RMP/ROD are also available for consistency review of the PRMP/FEIS. be available for public review at the public inspection at the following As a result, only minor editorial Coeur d’Alene Field Office during repositories: University of Nevada-Reno modifications were made in preparing regular business hours (7:45 a.m. to 4:30

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p.m.) Monday through Friday, except new land use planning decisions to 4. The RMP will recognize all valid holidays, and may be published as part address issues identified through public existing rights. of the EIS. Individual respondents may scoping and, where appropriate, will 5. As part of this RMP process, BLM request confidentiality. If you wish to incorporate decisions from the existing will analyze areas for potential withhold your name or street address Emerald Empire MFP. designation as Areas of Critical from public review or from disclosure Public Participation: The BLM will Environmental Concern (ACEC) in under the Freedom of Information Act, work collaboratively with interested accordance with 43 CFR 1610.7–2, and please state this prominently at the parties to identify the management river corridors for suitability for beginning of your written decisions that are best suited to local, designation under the Wild and Scenic correspondence. The BLM will honor regional, and national interests. The Rivers Act. such requests to the extent allowed by public scoping process will help Dated: July 6, 2004. identify planning issues and provide for law. All submissions from organizations K. Lynn Bennett, and businesses, and from individuals public comment on the proposed planning criteria. Idaho State Director, Bureau of Land identifying themselves as Management. representatives or officials of BLM has identified the following [FR Doc. 04–19916 Filed 9–2–04; 8:45 am] organizations or businesses, will be preliminary issue themes: available for public inspection in their 1. Vegetation management (including BILLING CODE 4310–GG–P entirety. noxious weeds, riparian areas and wetlands, and fuels and forest FOR FURTHER INFORMATION CONTACT: For management). DEPARTMENT OF THE INTERIOR further information or to have your 2. Fire management. name added to the Coeur d’Alene RMP 3. Management of habitat for wildlife National Park Service Mailing List, contact Scott Pavey at the and special status species. Coeur d’Alene Field Office (see address 4. Management of transportation, Apostle Islands National Lakeshore above), telephone (208) 769–5059. public access, and recreational General Management Plan, SUPPLEMENTARY INFORMATION: The Coeur opportunities. Environmental Impact Statement, d’Alene RMP planning area is located 5. Land tenure adjustments. Wisconsin entirely in the northern part of the Idaho 6. Availability and management of AGENCY: National Park Service, panhandle. The area is bordered to the public lands for commercial uses Department of the Interior. (minerals, forest products and livestock west by the Washington state line, to the ACTION: Notice of Intent to prepare an grazing). north by the Canadian border, to the Environmental Impact Statement for the east by the Montana state line, and to 7. Management of areas with special values. General Management Plan, Apostle the south by Latah and Clearwater Islands National Lakeshore. Counties, Idaho. The Coeur d’Alene 8. Tribal treaty rights and trust Field Office planning area also lies responsibilities. SUMMARY: Pursuant to the National partially within the ceded territory of These preliminary issue themes are Environmental Policy Act of 1969, 42 not final and may be refined or added the Coeur d’Alene Tribe. The Coeur U.S.C. 4332(C), the National Park to through future public participation. d’Alene Reservation lies entirely within Service (NPS) is preparing an BLM has also identified some the planning area, and there are about preliminary planning criteria to guide environmental impact statement for a 180 acres of BLM-administered land development of the plan, to avoid general management plan for Apostle within the reservation boundary. unnecessary data collection and Islands National Lakeshore, Wisconsin. Management of BLM-administered analysis, and to ensure the plan is The environmental impact statement lands within the ceded area and the tailored to the issues. will be approved by the Regional reservation boundaries will involve These criteria may be modified or Director, Midwest Region. trust and treaty resources. Other other criteria identified during the The general management plan will Federally recognized tribes with public scoping process. The public is establish the overall direction for the aboriginal or historic ties to the invited to comment on the following park, setting broad management goals planning area include the Kootenai preliminary planning criteria: for managing the area over the next 15 Tribe in Idaho, the Kalispell Tribe in 1. The plan will comply with all to 20 years. The plan will prescribe Washington, and the Salish and applicable laws, regulations, and desired resource conditions and visitor Kootenai Tribes in Montana. current policies. This includes local, experiences that are to be achieved and The BLM-administered public lands State, tribal, and Federal air quality maintained throughout the park based within the Coeur d’Alene Field Office standards; as well as water quality on such factors as the park’s purpose, planning area are currently managed in standards from the Idaho Non-Point significance, special mandates, the body accordance with the decisions in the Source Management Program Plans. of laws and policies directing park 1981 Emerald Empire Management 2. The RMP planning effort will be management, resource analysis, and the Framework Plan (MFP) as amended. collaborative and multi-jurisdictional in range of public expectations and BLM will continue to manage these nature. The BLM will strive to ensure concerns. The plan, also, will outline lands in accordance with the MFP and that its management decisions are the kinds of resource management amendments until the RMP is complementary to other planning activities, visitor activities, and completed and a Record of Decision is jurisdictions and adjoining properties, developments that would be appropriate signed. within the boundaries described by law in the park in the future. Preparation of an RMP for the Coeur and Federal Regulations. A range of reasonable alternatives for d’Alene Field Office is necessary to 3. All previously established managing the park will be developed respond to changing resource Wilderness Study Areas will continue to through this planning process and will conditions; respond to new issues; and be managed for wilderness values and include, at a minimum, a no-action and prepare a comprehensive framework for character until Congress designates a preferred alternative. Major issues the managing public lands administered by them as wilderness areas, or releases plan will address include changes in the field office. The RMP will establish them for multiple use management. visitor use patterns, adequacy and

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sustainability of existing visitor associated with the plan, you may codified as amended at 42 U.S.C. facilities and park operations, submit your comments by any one of § 4332(2)(C), the National Park Service management of natural and cultural several methods. You may mail (NPS) announces the availability of the resources, and partnership comments to Apostle Islands National record of decision for the wilderness opportunities. The environmental Lakeshore, Route 1, Box 4, Bayfield, study, Apostle Islands National impact statement will evaluate the Wisconsin 54814. You may, also, Lakeshore, Wisconsin. On May 5 the potential environmental impacts of the comment via the Internet to Director, Midwest Region, approved the alternative management approaches. [email protected]. Please record of decision for the wilderness As the first phase of the planning submit Internet comments as a text file study. Specifically, the NPS has selected process, the NPS is beginning to scope avoiding the use of special characters the preferred alternative (alternative C) the issues to be addressed in the general and any form of encryption. Be sure to as described in the Final Wilderness management plan/environmental include your name and return street Study/Environmental Impact Statement. impact statement. All interested address in your Internet message. If you Under the selected action (alternative persons, organizations, and agencies are do not receive a confirmation from the C), the NPS proposes that 33,500 acres encouraged to submit comments and system that we have received your of the park’s 42,160-acre land base suggestions on issues and concerns that Internet message, contact us directly at (80%) be permanently protected as should be addressed in the general Apostle Islands National Lakeshore, wilderness. Basswood, Sand, and Long management plan/environmental (715) 779–3398, extension 102. Finally, Islands would not be proposed for impact statement, and the range of you may hand-deliver comments to the wilderness designation. appropriate alternatives that should be park at 415 Washington Avenue, The selected action and three other examined. Bayfield, Wisconsin 54814. alternatives were analyzed in the draft DATES: The NPS is planning to begin Our practice is to make comments, and final environmental impact public scoping in September 2004 via a including names and home addresses of statements. The full range of foreseeable newsletter to State and Federal respondents, available for public review environmental consequences was Agencies; associated American Indian during regular business hours. assessed. tribes; neighboring communities; county Individual respondents may request that Among the alternatives the NPS commissioners; local organizations, we withhold their home address from considered, the selected action best researchers, and institutions; the the record, which we will honor to the protects the park’s natural and cultural congressional delegation; and other extent allowable by law. There, also, resources, and most of its wilderness interested members of the public. In may be circumstances in which we resource, while providing a reasonable addition, the NPS will hold public would withhold from the record a level of administrative flexibility for scoping meetings regarding the general respondent’s identity, as allowable by addressing future visitor and management plan beginning in October law. If you wish us to withhold your management needs. It also ensures that 2004. At least one public meeting will address, you must state this a range of quality recreational and be held in Bayfield, Wisconsin. Specific prominently at the beginning of your educational experiences will continue dates, times, and locations will be comment. We will make all submissions to be provided on the islands, meet NPS announced in the local media, on the from organizations or businesses, and goals for managing the park, and meet Internet at http://www.nps.gov/apis, and from individuals identifying themselves national environmental policy goals. will, also, be available by contacting the as representatives or officials of The preferred alternative will not result park’s chief of planning and resource organizations or businesses, available in the impairment of resources and management. In addition to attending for public inspection in their entirety. values. the scoping meetings, people wishing to Dated: July 9, 2004. The record of decision includes a provide input to this initial phase of Ernest Quintana, statement of the decision made, developing the general management synopses of other alternatives Regional Director. plan/environmental impact statement considered, the basis for the decision, may mail or e-mail comments to the [FR Doc. 04–20023 Filed 9–2–04; 8:45 am] the rationale for why the selected action park’s chief of planning and resource BILLING CODE 4312–97–P is the environmentally preferred management at the address below. alternative, a finding on impairment of ADDRESSES: General park information DEPARTMENT OF THE INTERIOR park resources and values, and an requests or requests to be added to the overview of public involvement in the project mailing list should be directed National Park Service decisionmaking process. to: Jim Nepstad, Chief of Planning and FOR FURTHER INFORMATION CONTACT: Mr. Resource Management, Apostle Islands Notice of Availability of a Record of Jim Nepstad, Wilderness Study National Lakeshore, Route 1, Box 4, Decision on the Final Environmental Coordinator, Apostle Islands National Bayfield, Wisconsin 54814. Telephone: Impact Statement for the Wilderness Lakeshore, Route 1, Box 4, Bayfield, (715) 779–3398, extension 102, e-mail: Study, Apostle Islands National Wisconsin 54814, or by calling (715) [email protected]. Lakeshore 779–3198, extension 102. FOR FURTHER INFORMATION CONTACT: Jim AGENCY: National Park Service, SUPPLEMENTARY INFORMATION: Copies of Nepstad, Chief of Planning and Department of the Interior. the record of decision may be obtained Resource Management, at the address ACTION: Notice of Availability of a from the contact listed above or may be above. Telephone: (715) 779–3398, Record of Decision on the Final viewed online at http://www.nps.gov/ extension 102, e-mail: Environmental Impact Statement for the apis/wstudy.htm. With the concurrence [email protected]. General Wilderness Study, Apostle Islands of the NPS Director, the NPS wilderness information about Apostle Islands National Lakeshore. proposal will be sent to the Assistant National Lakeshore is available on the Secretary of Fish and Wildlife and Parks Internet at http://www.nps.gov/apis. SUMMARY: Pursuant to § 102(2)(C) of the and the Secretary of the Interior, who SUPPLEMENTARY INFORMATION: If you National Environmental Policy Act of may revise or approve the proposal. The wish to comment on any issues 1969, P.L. 91–190, 83 Stat. 852, 853, as Secretary may then forward a

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wilderness recommendation to the (2) the accuracy of the agency’s estimate industry in the United States within a President, who in turn may approve or of the burden of the proposed reasonably foreseeable time.2 revise the recommendation and then information collection; (3) the quality, Background transmit the recommendation to utility, and clarity of the information to Congress for consideration. be collected; and (4) minimization of the The Commission instituted this Dated: May 5, 2004. burden of the proposed information review on April 1, 2004 (69 FR 17226), and determined on August 5, 2004, that Ernest Quintana, collection on those who are to respond. it would conduct an expedited review Regional Director, Midwest Region. Summary of the Proposed Information (69 FR 47404). The Commission [FR Doc. 04–20022 Filed 9–2–04; 8:45 am] Collection transmitted its determination in this BILLING CODE 4312–97–P In its Strategic Plan (available on the review to the Secretary of Commerce on agency’s Internet server at http:// August 30, 2004. The views of the www.usitc.gov) the Commission set Commission are contained in USITC INTERNATIONAL TRADE itself the goal of obtaining feedback on Publication 3718 (August 2004), entitled COMMISSION the effectiveness of its exclusion orders Barbed Wire and Barbless Wire Strand from complainants who obtained such From Argentina: Investigation No. 731– Agency Information Collection TA–208 (Second Review). Activities; Proposed Collection; orders under 19 U.S.C. 1337. The survey Comment Request asks each firm responding to the survey Issued: August 30, 2004. to: (i) Evaluate whether the remedial By order of the Commission. AGENCY: U.S. International Trade exclusion order has prevented the Marilyn R. Abbott, Commission. importation of items covered by the Secretary to the Commission. ACTION: Notice of Proposed Collection; order, (ii) if not, estimate what are the [FR Doc. 04–20079 Filed 9–2–04; 8:45 am] Comment Request. absolute value and effect in the United BILLING CODE 7020–02–P States market of such imports, and (iii) SUMMARY: Pursuant to the Paperwork indicate what experience it has had in Reduction Act of 1995 (44 U.S.C. Ch. policing the exclusion order, 35), the Commission intends to seek INTERNATIONAL TRADE particularly with respect to any COMMISSION approval from the Office of Management investigatory efforts and any and Budget to survey complainants who interactions with the U.S. Customs [Inv. No. 337–TA–507] obtained exclusion orders that are Service. currently in effect from the United In the Matter of Certain Medical States International Trade Commission Responses to the survey are voluntary. Devices Used To Compact Inner Bone following proceedings under 19 U.S.C. The Commission estimates that the Tissue and Products Containing Same; 1337. The survey will seek feedback on survey will require less than 1 hour to Notice of Commission Decision Not To the effectiveness of the exclusion orders complete. Review an Initial Determination in stopping certain imports. Comments By order of the Commission. Terminating the Investigation; concerning the proposed information Issued: August 30, 2004. Issuance of Consent Order collection are requested in accordance Marilyn R. Abbott, AGENCY: International Trade with 5 CFR 1320.8(d). Secretary to the Commission. Commission. DATES: To be assured of consideration, [FR Doc. 04–20080 Filed 9–2–04; 8:45 am] ACTION: Notice. written comments must be received not BILLING CODE 7020–02–P later than sixty (60) days after SUMMARY: Notice is hereby given that publication of this notice. the U.S. International Trade ADDRESSES: Signed comments should be INTERNATIONAL TRADE Commission has determined not to submitted to Marilyn R. Abbott, COMMISSION review an initial determination (‘‘ID’’) Secretary, U.S. International Trade issued by the presiding administrative Commission, 500 E Street SW., [Investigation No. 731–TA–208 (Second law judge (‘‘ALJ’’) terminating the Washington, DC 20436. Review)] above-captioned investigation on the FOR FURTHER INFORMATION CONTACT: basis of a consent order. Copies of the proposed survey that the Barbed Wire and Barbless Wire Strand FOR FURTHER INFORMATION CONTACT: Commission will submit to the Office of From Argentina Michael Liberman, Esq., Office of the Management and Budget for approval Determination General Counsel, U.S. International are posted on the Commission’s Internet Trade Commission, 500 E Street, SW., server at http://www.usitc.gov or may be On the basis of the record 1 developed Washington, DC 20436, telephone (202) obtained from Lynn I. Levine, Office of in the subject five-year review, the 205–3115. Copies of the ALJ’s ID and all Unfair Import Investigations, U.S. United States International Trade other nonconfidential documents filed International Trade Commission, 500 E Commission (Commission) determines, in connection with this investigation are Street SW., Washington, DC 20436, pursuant to section 751(c) of the Tariff or will be available for inspection telephone, 202–205–2560. Act of 1930 (19 U.S.C. 1675(c)) (the during official business hours (8:45 a.m. SUPPLEMENTARY INFORMATION: Act), that revocation of the antidumping to 5:15 p.m.) in the Office of the Request for Comments duty order on barbed wire and barbless Secretary, U.S. International Trade wire strand from Argentina would be Commission, 500 E Street, SW., Comments are solicited as to: (1) likely to lead to continuation or Washington, DC 20436, telephone (202) Whether the proposed information recurrence of material injury to an 205–2000. Hearing-impaired persons are collection is necessary for the proper advised that information on this matter performance of the functions of the 1 The record is defined in sec. 207.2(f) of the agency, including whether the Commission’s Rules of Practice and Procedure (19 2 Vice Chairman Deanna Tanner Okun and information will have practical utility; CFR 207.2(f)). Commissioner Daniel R. Pearson dissenting.

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can be obtained by contacting the U.S.C. 1337, on behalf of Verve LLC of or the sale within the United States after Commission’s TDD terminal on (202) Austin, Texas. Supplements to the importation of certain point of sale 205–1810. General information complaint were filed on August 9, 19, terminals and components thereof by concerning the Commission may also be and 23, 2004. The complaint, as reason of infringement of claims 1 or 2 obtained by accessing its Internet server supplemented, alleges violations of of U.S. Patent No. 5,012,077; and (http://www.usitc.gov). The public section 337 in the importation into the whether an industry in the United record for this investigation may be United States, the sale for importation, States exists as required by subsection viewed on the Commission’s electronic and the sale within the United States (a)(2) of section 337. docket (EDIS) at http://edis.usitc.gov. after importation of certain point of sale (2) For the purpose of the SUPPLEMENTARY INFORMATION: The terminals and components thereof by investigation so instituted, the following Commission instituted this investigation reason of infringement of claims 1 and are hereby named as parties upon which on May 2, 2004, based on a complaint 2 of U.S. Patent No. 5,012,077. The this notice of investigation shall be filed by complainant Kyphon Inc. of complaint further alleges that an served: Sunnyvale, California. The respondents industry in the United States exists as (a) The complainant is—Verve L.L.C., are Disc-O-Tech Medical Technologies, required by subsection (a)(2) of section 8127 Mesa Drive, # B–206–67, Austin, Ltd. of Herzliya, Israel, and Disc 337. The complainant requests that the TX 78759. Orthopaedic Technologies, Inc. of Commission institute an investigation (b) The respondents are the following Monroe Township, NJ. The complaint and, after the investigation, issue a companies alleged to be in violation of alleged violations of section 337 in the permanent exclusion order and section 337, and are parties upon which importation and sale of certain medical permanent cease and desist orders. the complaint is to be served: devices used to compact inner bone ADDRESSES: The complaint and Thales e-Transactions, Inc., 53 tissue and products containing same by supplements, except for any Perimeter Center East, Suite 175, reason of infringement of certain claims confidential information contained Atlanta, GA 30346 1, 3, 7–9, 11, and 14 of U.S. Patent No. therein, are available for inspection Thales Group, 9, rue Elsa Triolet, Z. I. 4,969,888, claims 1, 3, 8–10, 12, and 15 during official business hours (8:45 a.m. des Gatines, BP 13, 78373, Plaisir of U.S. Patent 5,108,404, and claims 2, to 5:15 p.m.) in the Office of the Cedex, France 17, 20, and 23–28 of U.S. Patent No. Secretary, U.S. International Trade CyberNet, USA, Inc., iPark Silicon 6,248,110. Commission, 500 E Street, SW., Room Valley, Suite 319, 3003 North First On August 5, 2004, the ALJ issued an 112, Washington, DC 20436, telephone Street, San Jose, CA 95134 ID (Order No. 13) granting in part (202) 205–2000. Hearing impaired CyberNet, Inc., 6th Floor, Sebang respondents’ motion to terminate the individuals are advised that information Building, 708–8, Yoksamdong, investigation and based on entry of a on this matter can be obtained by Kangnamku, Seoul, Korea consent order proposed by respondents. contacting the Commission’s TDD Lipman USA, Inc., 50 Gordon Drive, No petitions for review of the ID were terminal on (202) 205–1810. Persons Syosset, NY 11791 filed. with mobility impairments who will Lipman Electronic Engineering, Ltd., 11 The authority for the Commission’s need special assistance in gaining access Haamal Street, Park Afek, Rosh determination is contained in section to the Commission should contact the Haayin, Israel 48092 337 of the Tariff Act of 1930, as Office of the Secretary at (202) 205– Hypercom Corporation, 2851 W. amended (19 U.S.C. 1337), and in 2000. General information concerning Kathleen Road, Phoenix, AZ 85053 section 210.42 of the Commission’s the Commission may also be obtained VeriFone, Inc., One Northwinds Center, Rules of Practice and Procedure (19 CFR by accessing its Internet server at http: Suite 500, 2475 Northwinds Parkway, 210.42). //www.usitc.gov. The public record for Alpharetta, GA 30004 Issued: August 30, 2004. this investigation may be viewed on the Ingenico Corp. USA, 1003 Mansell By order of the Commission. Commission’s electronic document Road, Atlanta, GA 30076 Ingenico, 9, Quai de Dion Bouton, 92816 Marilyn R. Abbott, information system (EDIS) at http:// edis.usitc.gov. Puteaux Cedex, France Secretary to the Commission. Trintech Inc., 15851 Dallas Parkway, FOR FURTHER INFORMATION CONTACT: Juan [FR Doc. 04–20082 Filed 9–2–04; 8:45 am] Suite 855, Addison, TX 75001 Cockburn, Esq., Office of Unfair Import BILLING CODE 7020–02–P Trintech Group PLC, Trintech Building, Investigations, U.S. International Trade South County Business Park, Commission, telephone (202) 205–2572. Leopardstown, Dublin 18, Ireland INTERNATIONAL TRADE Authority: The authority for institution of (c) Juan Cockburn, Esq., Office of COMMISSION this investigation is contained in section 337 Unfair Import Investigations, U.S. [Inv. No. 337–TA–524] of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC In the Matter of Certain Point of Sale of Practice and Procedure, 19 CFR 210.10 (2003). 20436, who shall be the Commission Terminals and Components Thereof; investigative attorney, party to this Notice of Investigation Scope Of Investigation investigation; and AGENCY: U.S. International Trade Having considered the complaint, the (3) For the investigation so instituted, Commission. U.S. International Trade Commission, the Honorable Charles E. Bullock is ACTION: Institution of investigation on August 30, 2004, Ordered That— designated as the presiding pursuant to 19 U.S.C. 1337. (1) Pursuant to subsection (b) of administrative law judge. section 337 of the Tariff Act of 1930, as Responses to the complaint and the SUMMARY: Notice is hereby given that a amended, an investigation be instituted notice of investigation must be complaint was filed with the U.S. to determine whether there is a submitted by the named respondents in International Trade Commission on violation of subsection (a)(1)(B) of accordance with section 210.13 of the August 2, 2004, under section 337 of the section 337 in the importation into the Commission’s Rules of Practice and Tariff Act of 1930, as amended, 19 United States, the sale for importation, Procedure, 19 CFR 210.13. Pursuant to

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19 CFR 201.16(d) and 210.13(a), such to 19 U.S.C. 1675(c)(5)(B). For further Limited Disclosure of Business responses will be considered by the information concerning the conduct of Proprietary Information (BPI) Under an Commission if received not later than 20 these reviews and rules of general Administrative Protective Order (APO) days after the date of service by the application, consult the Commission’s and BPI Service List Commission of the complaint and the Rules of Practice and Procedure, part Pursuant to section 207.7(a) of the notice of investigation. Extensions of 201, subparts A through E (19 CFR part Commission’s rules, the Secretary will time for submitting the responses to the 201), and part 207, subparts A, D, E, and make BPI gathered in these reviews complaint and the notice of F (19 CFR part 207). available to authorized applicants under investigation will not be granted unless EFFECTIVE DATE: August 26, 2004. the APO issued in the reviews, provided good cause therefor is shown. that the application is made by 45 days Failure of a respondent to file a timely FOR FURTHER INFORMATION CONTACT: after publication of this notice. response to each allegation in the Douglas Corkran (202–205–3057), Office Authorized applicants must represent complaint and in this notice may be of Investigations, U.S. International interested parties, as defined by 19 deemed to constitute a waiver of the Trade Commission, 500 E Street SW., U.S.C. 1677(9), who are parties to the right to appear and contest the Washington, DC 20436. Hearing- reviews. A party granted access to BPI allegations of the complaint and this impaired persons can obtain following publication of the notice, and to authorize the information on this matter by contacting Commission’s notice of institution of administrative law judge and the the Commission’s TDD terminal on the reviews need not reapply for such Commission, without further notice to (202) 205–1810. Persons with mobility access. A separate service list will be the respondent, to find the facts to be as impairments who will need special maintained by the Secretary for those alleged in the complaint and this notice assistance in gaining access to the parties authorized to receive BPI under and to enter a final determination Commission should contact the Office the APO. containing such findings, and may of the Secretary at (202) 205–2000. Staff Report result in the issuance of a limited General information concerning the exclusion order or cease and desist Commission may also be obtained by The prehearing staff report in the order or both directed against such accessing its Internet server (http:// reviews will be placed in the nonpublic respondent. www.usitc.gov). The public record for record on March 9, 2005, and a public Issued: August 31, 2004. these reviews may be viewed on the version will be issued thereafter, pursuant to section 207.64 of the By order of the Commission. Commission’s electronic docket (EDIS) Commission’s rules. Marilyn R. Abbott, at http://edis.usitc.gov. Secretary to the Commission. SUPPLEMENTARY INFORMATION: Hearing [FR Doc. 04–20144 Filed 9–2–04; 8:45 am] The Commission will hold a hearing Background BILLING CODE 7020–02–P in connection with the reviews On July 6, 2004, the Commission beginning at 9:30 a.m. on March 29, determined that responses to its notice 2005, at the U.S. International Trade INTERNATIONAL TRADE of institution of the subject five-year Commission Building. Requests to COMMISSION reviews were such that full reviews appear at the hearing should be filed in [Investigations Nos. 701–TA–376, 377, & 379 pursuant to section 751(c)(5) of the Act writing with the Secretary to the and 731–TA–788–793 (Review)] should proceed (69 FR 45076, July 28, Commission on or before March 21, 2004). A record of the Commissioners’ 2005. A nonparty who has testimony Certain Stainless Steel Plate From votes, the Commission’s statement on that may aid the Commission’s Belgium, Canada, Italy, Korea, South adequacy, and any individual deliberations may request permission to Africa, and Taiwan Commissioner’s statements are available present a short statement at the hearing. from the Office of the Secretary and at All parties and nonparties desiring to AGENCY: United States International the Commission’s Web site. appear at the hearing and make oral Trade Commission. presentations should attend a ACTION: Scheduling of full five-year Participation in the Reviews and Public prehearing conference to be held at 9:30 reviews concerning the countervailing Service List a.m. on March 23, 2005, at the U.S. duty and antidumping duty orders on International Trade Commission certain stainless steel plate from Persons, including industrial users of Building. Oral testimony and written Belgium, Canada, Italy, Korea, South the subject merchandise and, if the materials to be submitted at the public Africa, and Taiwan. merchandise is sold at the retail level, hearing are governed by sections representative consumer organizations, 201.6(b)(2), 201.13(f), 207.24, and SUMMARY: The Commission hereby gives wishing to participate in these reviews 207.66 of the Commission’s rules. notice of the scheduling of full reviews as parties must file an entry of Parties must submit any request to pursuant to section 751(c)(5) of the appearance with the Secretary to the present a portion of their hearing Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) Commission, as provided in section testimony in camera no later than 7 (the Act) to determine whether 201.11 of the Commission’s rules, by 45 days prior to the date of the hearing. revocation of the countervailing duty days after publication of this notice. A and antidumping duty orders on certain party that filed a notice of appearance Written Submissions stainless steel plate from Belgium, following publication of the Each party to the reviews may submit Canada, Italy, Korea, South Africa, and Commission’s notice of institution of a prehearing brief to the Commission. Taiwan would be likely to lead to the reviews need not file an additional Prehearing briefs must conform with the continuation or recurrence of material notice of appearance. The Secretary will provisions of section 207.65 of the injury within a reasonably foreseeable maintain a public service list containing Commission’s rules; the deadline for time. The Commission has determined the names and addresses of all persons, filing is March 18, 2005. Parties may to exercise its authority to extend the or their representatives, who are parties also file written testimony in connection review period by up to 90 days pursuant to the reviews. with their presentation at the hearing, as

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provided in section 207.24 of the DEPARTMENT OF LABOR Affected Public: Business or other for- Commission’s rules, and posthearing profit; Federal Government; and State, briefs, which must conform with the Office of the Secretary Local, or Tribal Government. provisions of section 207.67 of the Number of Respondents: 630,021. Submission for OMB Review: Commission’s rules. The deadline for Number of Annual Responses: Comment Request filing posthearing briefs is April 7, 2005; 23,586,234. Estimated Time Per Response: Varies witness testimony must be filed no later July 13, 2004. from 5 minutes to maintain records to than three days before the hearing. In The Department of Labor (DOL) has 1.5 hours for employees to receive addition, any person who has not submitted the following public training or medical evaluations. entered an appearance as a party to the information collection request (ICR) to Total Burden Hours: 14,060,764. reviews may submit a written statement the Office of Management and Budget Total Annualized Capital/Startup of information pertinent to the subject of (OMB) for review and approval in Costs: $0. the reviews on or before April 7, 2005. accordance with the Paperwork Total Annual Costs (operating/ On May 5, 2005, the Commission will Reduction Act of 1995 (Pub. L. 104–13, maintaining systems or purchasing make available to parties all information 44 U.S.C. chapter 35). A copy of this services): $24,507,892. on which they have not had an ICR, with applicable supporting Description: The information opportunity to comment. Parties may documentation, may be obtained by collection requirements contained in 29 submit final comments on this contacting the Department of Labor CFR 1910.1030, the Bloodborne information on or before May 9, 2005, (DOL). To obtain documentation, Pathogens Standard, serve to protect but such final comments must not contact Darrin King on 202–693–4129 employees from infections resulting contain new factual information and (this is not a toll-free number) or e-mail: from occupational exposure to [email protected]. must otherwise comply with section bloodborne pathogens. These infections Comments should be sent to Office of 207.68 of the Commission’s rules. All can lead to serious illness which may Information and Regulatory Affairs, written submissions must conform with result in death. The information Attn: OMB Desk Officer for the generated in accordance with the the provisions of section 201.8 of the Occupational Safety and Health Standard provides the employer and the Commission’s rules; any submissions Administration (OSHA), Office of employee with the means to provide that contain BPI must also conform with Management and Budget, Room 10235, protection from the adverse health the requirements of sections 201.6, Washington, DC 20503, 202–395–7316 effects associated with occupation 207.3, and 207.7 of the Commission’s (this is not a toll-free number), within exposure to bloodborne pathogens. rules. The Commission’s rules do not 30 days from the date of this publication OSHA compliance officers use some of authorize filing of submissions with the in the Federal Register. the information to help determine if Secretary by facsimile or electronic The OMB is particularly interested in employers are providing employees the means, except to the extent permitted by comments which: protection afforded by the Standard. section 201.8 of the Commission’s rules, • Evaluate whether the proposed as amended, 67 FR 68036 (November 8, collection of information is necessary Ira L. Mills, 2002). for the proper performance of the Departmental Clearance Officer. [FR Doc. 04–20105 Filed 9–2–04; 8:45 am] In accordance with sections 201.16(c) functions of the agency, including and 207.3 of the Commission’s rules, whether the information will have BILLING CODE 4510–26–P practical utility; each document filed by a party to the • Evaluate the accuracy of the reviews must be served on all other agency’s estimate of the burden of the DEPARTMENT OF LABOR parties to the reviews (as identified by proposed collection of information, either the public or BPI service list), and including the validity of the Employment Standards a certificate of service must be timely methodology and assumptions used; Administration, Wage and Hour filed. The Secretary will not accept a • Enhance the quality, utility, and Division document for filing without a certificate clarity of the information to be Minimum Wages for Federal and of service. collected; and • Federally Assisted Construction; Authority: These reviews are being Minimize the burden of the General Wage Determination Decisions conducted under authority of title VII of the collection of information on those who Tariff Act of 1930; this notice is published are to respond, including through the General wage determination decisions pursuant to section 207.62 of the use of appropriate automated, of the Secretary of Labor are issued in Commission’s rules. electronic, mechanical, or other accordance with applicable law and are technological collection techniques or based on the information obtained by Issued: August 30, 2004. other forms of information technology, the Department of Labor from its study By order of the Commission. e.g., permitting electronic submission of of local wage conditions and data made Marilyn R. Abbott, responses. available from other sources. They Secretary to the Commission. Agency: Occupational Safety and specify the basic hourly wage rates and [FR Doc. 04–20081 Filed 9–2–04; 8:45 am] Health Administration. fringe benefits which are determined to Type of Review: Extension of be prevailing for the described classes of BILLING CODE 7020–02–P currently approved collection. laborers and mechanics employed on Title: Bloodborne Pathogens Standard construction projects of a similar (29 CFR 1910.1030). character and in the localities specified OMB Number: 1218–0180. therein. Frequency: On occasion; quarterly; The determinations in these decisions and annually. of prevailing rates and fringe benefits Type of Response: Recordkeeping and have been made in accordance with 29 third party disclosure. CFR part 1, by authority of the Secretary

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of Labor pursuant to the provisions of Employment Standards Administration, UT030034 (Jun. 13, 2003) the Davis-Bacon Act of March 3, 1931, Wage and Hour Division, Division of Washington as amended (46 Stat. 1494, as amended, Wage Determinations, 200 Constitution WA030001 (Jun. 13, 2003) 40 U.S.C. 276a) and of other Federal Avenue, NW., Room S–3014, WA030002 (Jun. 13, 2003) statutes referred to in 29 CFR part 1, Washington, DC 20210. WA030003 (Jun. 13, 2003) Appendix, as well as such additional WA030005 (Jun. 13, 2003) statutes as may from time to time be Modification to General Wage WA030007 (Jun. 13, 2003) Determination Decisions enacted containing provisions for the Volume VII payment of wages determined to be The number of the decisions listed to prevailing by the Secretary of Labor in the Government Printing Office Arizona accordance with the Davis-Bacon Act. document entitled ‘‘General Wage AZ030001 (Jun. 13, 2003) The prevailing rates and fringe benefits Determinations Issued Under the Davis- AZ030002 (Jun. 13, 2003) determined in these decisions shall, in Bacon and Related Acts’’ being modified AZ030003 (Jun. 13, 2003) accordance with the provisions of the are listed by Volume and State. Dates of AZ030004 (Jun. 13, 2003) foregoing statutes, constitute the publication in the Federal Register are AZ030005 (Jun. 13, 2003) minimum wages payable on Federal and in parentheses following the decisions AZ030010 (Jun. 13, 2003) federally assisted construction projects being modified. AZ030011 (Jun. 13, 2003) to laborers and mechanics of the AZ030012 (Jun. 13, 2003) specified classes engaged on contract Volume I AZ030016 (Jun. 13, 2003) work of the character and in the Vermont AZ030017 (Jun. 13, 2003) localities described therein. VT030001 (Jun. 13, 2003) California Good cause is hereby found for not VT030042 (Jun. 13, 2003) CA30029 (Jun. 13, 2003) utilizing notice and public comment CA30030 (Jun. 13, 2003) procedure thereon prior to the issuance Volume II Nevada of these determinations as prescribed in Virginia NV030001 (Jun. 13, 2003) 5 U.S.C. 533 and not providing for delay VA030005 (Jun. 13, 2003) NV030002 (Jun. 13, 2003) in the effective date as prescribed in that VA030022 (Jun. 13, 2003) NV030003 (Jun. 13, 2003) section, because the necessity to issue VA030023 (Jun. 13, 2003) NV030009 (Jun. 13, 2003) current construction industry wage VA030031 (Jun. 13, 2003) General Wage Determination determinations frequently and in large VA030033 (Jun. 13, 2003) Publication volume causes procedures to be VA030036 (Jun. 13, 2003) impractical and contrary to the public VA030067 (Jun. 13, 2003) General wage determinations issued interest. VA030085 (Jun. 13, 2003) under the Davis-Bacon and related Acts, General wage determination VA030087 (Jun. 13, 2003) including those noted above, may be decisions, and modifications and VA030088 (Jun. 13, 2003) found in the Government Printing Office supersedeas decisions thereto, contain (GPO) document entitled General Wage no expiration dates and are effective Volume III Determinations Issued Under the Davis- from their date of notice in the Federal None. Bacon and Related Acts. This Register, or on the date written notice publication is available at each of the 50 Volume IV is received by the agency, whichever is Regional Government Depository earlier. These decisions are to be used None. Libraries and many of the 1,400 Government Depository Libraries across in accordance with the provisions of 29 Volume V CFR parts 1 and 5. Accordingly, the the country. applicable decision, together with any Iowa General wage determinations issued modifications issued, must be made a IA030003 (Jun. 13, 2003) under the Davis-Bacon and related Acts part of every contract for performance of IA030004 (Jun. 13, 2003) are available electronically at no cost on the described work within the IA030005 (Jun. 13, 2003) the Government Printing Office site at geographic area indicated as required by IA030008 (Jun. 13, 2003) http://www.access.gpo.gov/davisbacon. an applicable Federal prevailing wage IA030009 (Jun. 13, 2003) They are also available electronically by law and 29 CFR part 5. The wage rates IA030010 (Jun. 13, 2003) subscription to the Davis-Bacon Online and fringe benefits, notice of which is IA030013 (Jun. 13, 2003) Service (http:// published herein, and which are IA030028 (Jun. 13, 2003) davisbacon.fedworld.gov) of the contained in the Government Printing IA030056 (Jun. 13, 2003) National Technical Information Service Office (GPO) document entitled IA030060 (Jun. 13, 2003) (NTIS) of the U.S. Department of ‘‘General Wage Determinations Issued IA030067 (Jun. 13, 2003) Commerce at 1–800–363–2068. This Under The Davis-Bacon And Related Kansas subscription offers value-added features Acts,’’ shall be the minimum paid by KS030010 (Jun. 13, 2003) such as electronic delivery of modified contractors and subcontractors to Missouri wage decisions directly to the user’s laborers and mechanics. MO030002 (Jun. 13, 2003) desktop, the ability to access prior wage Any person, organization, or MO030004 (Jun. 13, 2003) decisions issued during the year, governmental agency having an interest MO030009 (Jun. 13, 2003) extensive Help desk Support, etc. in the rates determined as prevailing is MO030049 (Jun. 13, 2003) Hard-copy subscriptions may be encouraged to submit wage rate and MO030050 (Jun. 13, 2003) purchased from: Superintendent of fringe benefit information for MO030060 (Jun. 13, 2003) Documents, U.S. Government Printing consideration by the Department. Office, Washington, DC 20402, (202) Further information and self- Volume VI 512–1800. explanatory forms for the purpose of Oregon When ordering hard-copy submitting this data may be obtained by OR030001 (Jun. 13, 2003) subscription(s), be sure to specify the writing to the U.S. Department of Labor, Utah State(s) of interest, since subscriptions

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may be ordered for any or all of the six FOR FURTHER INFORMATION CONTACT: Total Responses: 43,500. separate Volumes, arranged by State. Amy A. Hobby, BLS Clearance Officer, Average Time Per Response: 8 Subscriptions include an annual edition telephone number 202–691–7628. (See minutes. (issued in January or February) which ADDRESSES section.) Estimated Total Burden Hours: 5,800 includes all current general wage SUPPLEMENTARY INFORMATION: hours. determinations for the States covered by Total Burden Cost (capital/startup): each volume. Throughout the remainder I. Background $0. of the year, regular weekly updates will Since the mid-1980s, there has been a Total Burden Cost (operating/ be distributed to subscribers. growing belief among labor market maintenance): $0. Signed at Washington, DC, this 26th day of researchers that employers require Comments submitted in response to August 2004. greater flexibility in their use of labor. this notice will be summarized and/or Terry Sullivan, As a result, many workers find included in the request for Office of Acting Chief, Branch of Construction Wage themselves in ‘‘contingent jobs’’ that are Management and Budget approval of the Determinations. structured to last for only limited information collection request; they also [FR Doc. 04–19885 Filed 9–2–04; 8:45 am] duration or in alternative employment will become a matter of public record. arrangements such as independent BILLING CODE 4510–27–M Signed at Washington, DC, this 24th day of contracting, on-call work, working August, 2004. through a contract company, or through Kimberley Hill, DEPARTMENT OF LABOR a temporary help firm. It is feared that Acting Chief, Division of Management workers with such employment may Systems, Bureau of Labor Statistics. Bureau of Labor Statistics have little job security, low pay, and no [FR Doc. 04–20106 Filed 9–2–04; 8:45 am] employee benefits. This CPS BILLING CODE 4510–24–P Proposed Collection; Comment supplement provides objective Request information about ‘‘contingent work.’’ II. Desired Focus of Comments ACTION: Notice. LEGAL SERVICES CORPORATION The Bureau of Labor Statistics is SUMMARY: The Department of Labor, as particularly interested in comments Sunshine Act Meeting of the Board of part of its continuing effort to reduce that: Directors Provision for the Delivery of paperwork and respondent burden, • Evaluate whether the proposed Legal Services Committee conducts a pre-clearance consultation collection of information is necessary program to provide the general public for the proper performance of the TIME AND DATE: The Provision for the and Federal agencies with an functions of the agency, including Delivery of Legal Services Committee of opportunity to comment on proposed whether the information will have the Legal Services Corporation Board of and/or continuing collections of practical utility; Directors will meet September 10, 2004. information in accordance with the • Evaluate the accuracy of the The Committee will convene following Paperwork Reduction Act of 1995 agency’s estimate of the burden of the a lunch break expected to conclude at (PRA95) [44 U.S.C. 3506(c) (2)(A)]. This proposed collection of information, approximately 1:45 p.m. program helps to ensure that requested including the validity of the LOCATION: The Best Western, 835 Great data can be provided in the desired methodology and assumptions used; Northern Boulevard, Helena, Montana. format, reporting burden (time and • Enhance the quality, utility, and STATUS OF MEETING: Open. financial resources) is minimized, clarity of the information to be collection instruments are clearly collected; and MATTERS TO BE CONSIDERED: understood, and the impact of collection • Minimize the burden of the Open Session requirements on respondents can be collection of information on those who properly assessed. Currently, the Bureau are to respond, including through the 1. Approval of agenda; of Labor Statistics (BLS) is soliciting use of appropriate automated, 2. Approval of the minutes of the comments concerning the proposed electronic, mechanical, or other Committee’s meeting of June 4, 2004; reinstatement of the ‘‘Contingent Work technological collection techniques or 3. Presentation by Montana Legal Supplement to the Current Population other forms of information technology, Services Association (MLSA) Staff on Survey (CPS)’’ to be conducted in e.g., permitting electronic submissions MLSA’s efforts and specific activities to February 2005. A copy of the proposed of responses. improve quality legal services, information collection request (ICR) can including: III. Current Action be obtained by contacting the individual a. Overview of MLSA by Klaus Sitte, Executive Director; listed below in the ADDRESSES section of Office of Management and Budget this notice. clearance is being sought for the b. How Technology Improves MLSA’s Contingent Work Supplement to the Client Service Delivery: Earned Income DATES: Written comments must be Tax Credit Project by Alison Paul, submitted to the office listed in the CPS. Type of Review: Reinstatement, Deputy Director, & Kate Bladow, ADDRESSES section of this notice on or without change, of a previously Technology Project Coordinator; before November 2, 2004. approved collection for which approval c. Expanding Clients’ Access to ADDRESSES: Send comments to Amy A. has expired. Service and Delivering Quality Advice Hobby, BLS Clearance Officer, Division Agency: Bureau of Labor Statistics. through MLSA’s Hotline by Deborah of Management Systems, Bureau of Title: Contingent Work Supplement to Anspach, Hotline Managing Attorney; Labor Statistics, Room 4080, 2 the Current Population Survey (CPS). d. Quality Client Services Begins with Massachusetts Avenue, NE., OMB Number: 1220–0153. Understanding Client Community’s Washington, DC 20212, telephone Affected Public: Households. Needs: Montana Comprehensive Legal number 202–691–7628 (this is not a toll Total Respondents: 43,500. Needs Study by Chris Manos, Executive free number). Frequency: Biennially. Director, State Bar of Montana;

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e. A Client’s Perspective on Quality 8. Presentation by NLADA of 9. Consider and act on adjournment of Client Service Delivery by Leah recommended budget mark; meeting. Sliwinski, MLSA Client; 9. Presentation by management of Contact Person for Information: f. Quality Service Delivery to a recommended budget mark; Patricia D. Batie, Manager of Board Special Population: MLSA’s Migrant 10. Consider and act on other Operations, at (202) 295–1500. Component by Maria Beltran, Managing business; Special Needs: Upon request, meeting Attorney of the Migrant Unit; 11. Public comment; 4. Report on status of Mentoring 12. Consider and act on adjournment notices will be made available in Project; of meeting. alternate formats to accommodate visual 5. Public comment; Contact Person for Information: and hearing impairments. Individuals 6. Consider and act on other business; Patricia D. Batie, Manager of Board who have a disability and need an 7. Consider and act on adjournment of Operations, at (202) 295–1500. accommodation to attend the meeting meeting. Special Needs: Upon request, meeting may notify Patricia D. Batie, at (202) notices will be made available in 295–1500. FOR FURTHER INFORMATION CONTACT: Patricia D. Batie, Manager of Board alternate formats to accommodate visual Dated: September 1, 2004. Operations, at (202) 295–1500. and hearing impairments. Individuals Victor M. Fortuno, who have a disability and need an SPECIAL NEEDS: Upon request, meeting Vice President for Legal Affairs, General accommodation to attend the meeting Counsel & Corporate Secretary. notices will be made available in may notify Patricia D. Batie, at (202) [FR Doc. 04–20268 Filed 9–1–04; 3:12 pm] alternate formats to accommodate visual 295–1500. and hearing impairments. Individuals BILLING CODE 7050–01–P who have a disability and need an Dated: September 1, 2004. accommodation to attend the meeting Victor M. Fortuno, may notify Patricia D. Batie, at (202) Vice President for Legal Affairs, General LEGAL SERVICES CORPORATION 295–1500. Counsel & Corporate Secretary. [FR Doc. 04–20267 Filed 9–1–04; 3:12 pm] Sunshine Act Meeting of the Board of Dated: September 1, 2004. Directors Victor M. Fortuno, BILLING CODE 7050–01–P Vice President for Legal Affairs, General TIME AND DATE: The Board of Directors Counsel & Corporate Secretary. LEGAL SERVICES CORPORATION of the Legal Services Corporation will [FR Doc. 04–20266 Filed 9–1–04; 3:12 pm] meet September 11, 2004. The Board BILLING CODE 7050–01–P Sunshine Act Meeting of the Board of will convene following a lunch break Directors Operations and Regulations expected to conclude at approximately Committee 1:15 p.m. It is possible that the meeting LEGAL SERVICES CORPORATION may convene earlier or later than TIME AND DATE: The Operations and expected, depending upon the length of Sunshine Act Meeting of the Board of Regulations Committee of the Legal the committee meeting occurring in the Directors Finance Committee Services Corporation Board of Directors morning. will meet September 11, 2004. The TIME AND DATE: The Finance Committee meeting will begin at 9 a.m., and LOCATION: The Best Western, 835 Great of the Legal Services Corporation Board continue until completion of the Northern Boulevard, Helena, Montana. of Directors will meet September 10, Committee’s agenda. STATUS OF MEETING: Open, except that a 2004. The meeting will commence LOCATION: The Best Western, 835 Great portion of the meeting may be closed immediately following conclusion of the Northern Boulevard, Helena, Montana. pursuant to a vote of the Board of Provision for the Delivery of Legal Directors to hold an executive session. Services Committee meeting, the STATUS OF MEETING: Open. At the closed session, the Corporation’s deliberations of which are anticipated to MATTERS TO BE CONSIDERED: General Counsel will report to the Board terminate at approximately 3:15 p.m. Open Session on litigation to which the Corporation is LOCATION: The Best Western, 835 Great 1. Approval of agenda; or may become a party, and the Board Northern Boulevard, Helena, Montana. 2. Approval of the Committee’s may act on the matters reported. The STATUS OF MEETING: Open. meeting minutes of June 4, 2004; closing is authorized by 5 U.S.C. MATTERS TO BE CONSIDERED: 3. Consider and act on retainer 552b(c)(2) and LSC’s corresponding agreement and group representation regulation 45 CFR 1622.5(a); 5 U.S.C. Open Session issues relating to LSC open rulemaking 552b(c)(6) and LSC’s corresponding 1. Approval of agenda; on financial eligibility, 45 CFR part regulation 45 CFR 1622.5(e); 5 U.S.C. 2. Approval of the minutes of the 1611; a. Staff report; and b. Public 552b(c)(7) and LSC’s implementing Committee’s meeting of June 4, 2004; comment; regulation 45 CFR 1622.5(f)(4), and 5 3. Presentation of LSC’s Financial 4. Consider and act on Mr. Dean U.S.C. 522b(c)(9)(B) and LSC’s Reports for the Ten-Month Period Andal’s petition for rulemaking to implementing regulation 45 CFR Ending July 31, 2004; amend LSC regulations on Class 1622.5(g); and 5 U.S.C. 552b(c)(10) and 4. Report on FY 2004 Internal Actions, 45 CFR Part 1617; a. Staff LSC’s corresponding regulation 45 CFR Budgetary Adjustments based on the report; and b. Public comment; 1622.5(h). A copy of the General June Financial Report as recommended 5. Consider and act on management’s Counsel’s Certification that the closing by the President and Inspector General; clarification of LSC Grant Assurance 24 is authorized by law will be available 5. Consider and act on the FY 2005 that LSC requires of its grantees; a. Staff upon request. Temporary Operating Budget; report; and b. Public comment; 6. Consider and act on the FY 2006 6. Other public comment; MATTERS TO BE CONSIDERED: Budget ‘‘Mark’’; 7. Consider and act on other business; Open Session 7. Presentation by ABA of 8. Consider and act on adjournment of recommended budget mark; meeting; 1. Approval of agenda;

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2. Approval of minutes of the Board’s PLACE: Commissioners’ Conference public meetings in another format (e.g. meetings of May 24, 2004 and June 5, Room, 11555 Rockville Pike, Rockville, braille, large print), please notify the 2004; Maryland. NRC’s Disability Program Coordinator, 3. Approval of minutes of the Search STATUS: Public and closed. August Spector, at (301) 415–7080, Committee’s meeting of June 5, 2004; MATTERS TO BE CONSIDERED: TDD: (301) 415–2100, or by e-mail at 4. Chairman’s Report; [email protected]. Determinations on 5. Members’ Reports; Week of September 6, 2004 requests for reasonable accommodation 6. President’s Report; Tuesday, September 7, 2004 will be made on a case-by-case basis. 7. Acting Inspector General’s Report; * * * * * 2 p.m. Discussion of Security Issues 8. Consider and act on the report of This notice is distributed by mail to (closed—ex. 1). the Board’s Committee on Provision for several hundred subscribers; if you no the Delivery of Legal Services; Wednesday, September 8, 2004 longer wish to receive it, or would like 9. Consider and act on the report of 9:30 a.m. Discussion of Office of to be added to the distribution, please the Board’s Finance Committee; Investigations (OI) Programs and contact the Office of the Secretary, 10. Consider and act on the report of Investigations (closed—ex. 7). Washington, DC 20555 (301) 415–1969. the Board’s Operations & Regulations In addition, distribution of this meeting Committee; Week of September 13, 2004 notice over the Internet system is 11. Consider and act on the locations Tuesday, September 14, 2004 available. If you are interested in of the Board’s meetings for the receiving this Commission meeting remainder of calendar year 2004 and the 9:30 a.m. Discussion of Security Issues schedule electronically, please send an date and location of the 2005 Annual (closed—ex. 1). electronic message to [email protected]. Meeting; Week of September 20, 2004—Tentative Dated: August 31, 2004. 12. Consider and act on other Dave Gamberoni, business; There are no meetings scheduled for 13. Public comment; the week of September 20, 2004. Office of the Secretary. 14. Consider and act on whether to Week of September 27, 2004—Tentative [FR Doc. 04–20195 Filed 9–1–04; 8:45 am] authorize an executive session of the BILLING CODE 7590–01–M There are no meetings scheduled for Board to address items listed below the week of September 27, 2004. under Closed Session; Week of October 4, 2004—Tentative SECURITIES AND EXCHANGE Closed Session COMMISSION 15. Briefing by management on Thursday, October 7, 2004 internal personnel matters; 10:30 a.m. Discussion of Security Sunshine Act Meeting 16. Briefing by the Inspector General Issues (closed—ex. 1). Notice is hereby given, pursuant to on the activities of the Office of 1 p.m. Discussion of Security Issues the provisions of the Government in the Inspector General; (closed—ex. 1). Sunshine Act, Pub. L. 94–409, that the 17. Consider and act on General Week of October 11, 2004—Tentative Securities and Exchange Commission Counsel’s report on potential and will hold the following meeting during pending litigation involving LSC; Wednesday, October 13, 2004 the week of September 6, 2004: 18. Consider and act on motion to 9:30 a.m. Briefing on A closed meeting will be held on adjourn meeting. Decommissioning Activities and Contact Person for Information: Thursday, September 9, 2004 at 10 Status (Public Meeting). (Contact: a.m. Patricia D. Batie, Manager of Board Claudia Craig, (301) 415–7276.) Commissioners, Counsel to the Operations, at (202) 295–1500. This meeting will be webcast live at Commissioners, the Secretary to the Special Needs: Upon request, meeting the Web address, http://www.nrc.gov. notices will be made available in Commission, and recording secretaries alternate formats to accommodate visual 1:30 p.m. Discussion of will attend the closed meeting. Certain and hearing impairments. Individuals Intragovernmental Issues (closed—ex. staff members who have an interest in who have a disability and need an 1 & 9). the matters may also be present. accommodation to attend the meeting * The schedule for Commission The General Counsel of the may notify Patricia D. Batie, at (202) meetings is subject to change on short Commission, or his designee, has 295–1500. notice. To verify the status of meetings certified that, in his opinion, one or call (recording)—(301) 415–1292. Dated: September 1, 2004. more of the exemptions set forth in 5 Contact person for more information: U.S.C. 552b(c)(3), (5), (7), (9)(B), and Victor M. Fortuno, Dave Gamberoni, (301) 415–1651. (10) and 17 CFR 200.402(a)(3), (5), (7), Vice President for Legal Affairs, General * * * * * (9)(ii) and (10), permit consideration of Counsel & Corporate Secretary. The NRC Commission Meeting the scheduled matters at the closed [FR Doc. 04–20269 Filed 9–1–04; 3:12 pm] Schedule can be found on the internet meeting. BILLING CODE 7050–01–P at: http://www.nrc.gov/what-we-do/ Commissioner Atkins, as duty officer, policy-making/schedule.html. voted to consider the items listed for the * * * * * closed meeting in closed session. The subject matter of the Closed NUCLEAR REGULATORY The NRC provides reasonable meeting scheduled for Thursday, COMMISSION accommodation to individuals with disabilities where appropriate. If you September 9, 2004 will be: Sunshine Act Meeting need a reasonable accommodation to formal orders of investigations; participate in these public meetings, or settlement of injunctive actions; DATE: Weeks of September 6, 13, 20, 27, need this meeting notice or the institution and settlement of October 4, 11, 2004. transcript or other information from the administrative proceedings of an

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enforcement nature; and adjudicatory proper legal analysis to support its Court’s opinion and to determine on matter. conclusion that the resulting system remand whether the combined AEP and At times, changes in Commission would operate in a single area or region. CSW systems meet the relevant priorities require alterations in the The Court therefore remanded the standards of sections 10(c)(1) and scheduling of meeting items. For further matter for the Commission to provide a 11(b)(1) of the Act and in particular, information and to ascertain what, if fuller explanation of its rationale. what specific facts about AEP’s and any, matters have been added, deleted Section 10(c)(1) and, by reference, CSW’s electric systems and the or postponed, please contact: section 11(b)(1), of the Act require the geographic area covered by their The Office of the Secretary at (202) Commission to find that the utility systems are relevant to the required 942–7070. operations to be acquired by a holding determinations. We recognize that Dated: August 31, 2004. company, when combined with its parties to this proceeding may wish to introduce facts regarding the current Jonathan G. Katz, existing operations, will constitute a ‘‘single integrated public-utility state of the utility industry, in particular Secretary. system.’’ 3 Section 2(a)(29)(A) of the Act facts regarding the growth of regional [FR Doc. 04–20215 Filed 9–1–04; 11:20 am] defines an electric ‘‘integrated public- transmission organizations and the BILLING CODE 8010–01–P utility system’’ to mean, unbundling of generation, transmission [A] system * * * whose utility assets, and distribution assets that has occurred in recent years that they believe are SECURITIES AND EXCHANGE whether owned by one or more electric relevant to this determination. We also COMMISSION utility companies, are physically interconnected or capable of physical recognize that the parties may wish to [Release No. 35–27886; 3–11616] interconnection and which under normal introduce further facts—demographic, conditions may be economically operated as economic, and otherwise—regarding the American Electric Power Company Inc. a single interconnected and coordinated geographic area in which the combined (70–9381); Notice and Order for a system confined in its operations to a single AEP–CSW system operates that they area or region, in one or more States, not so Hearing Pursuant to Section 19 of the believe are relevant to this Public Utility Holding Company Act of large as to impair (considering the state of the art and the area or region affected) the determination. 1935 advantages of localized management, Therefore, in light of the issues raised by the Court of Appeals’ opinion, it August 30, 2004. efficient operation, and the effectiveness of regulation. appears to the Commission that it is This matter is before the Securities appropriate in the public interest that a and Exchange Commission Section 10(c)(2) of the Act further hearing be held with respect to the (‘‘Commission’’) on remand from the requires the Commission to find that a proposed transaction. The hearing shall United States Court of Appeals for the proposed acquisition will ‘‘serve the be limited to determining whether AEP District of Columbia (‘‘Court’). The public interest by tending towards the and CSW are interconnected, through a Court, in National Rural Electric economical and the efficient unidirectional contract path or Cooperative Association, et al. v. development of an integrated public- otherwise, and whether the resulting Securities and Exchange Commission, utility system.’’ combined system operates in a single 276 F.3d 609 (D.C. Cir. 2002), The Court of Appeals upheld the 1 Commission’s finding under section area or region. Accordingly, considered a Commission order that It is ordered that a hearing shall be authorized the American Electric Power 10(c)(2) that the merger would produce economies and efficiencies. However, commenced, pursuant to section 19 of Company Inc. (‘‘AEP’’), a holding the Act and in accordance with the company registered under the Public the Court found that the Commission’s 6 order did not adequately justify two of Commission’s Rules of Practice, at a Utility Holding Company Act of 1935, time and place to be fixed by further as amended (‘‘Act’’), to acquire Central its findings: (1) it did not ‘‘provide a order, for the purpose of determining and South West Corporation (‘‘CSW’’).2 satisfactory explanation’’ for the whether the AEP and CSW systems are However, the Court found that the determination that a unidirectional interconnected and operate in the same Commission’s order did not adequately contract path would ‘‘interconnect’’ area or region, and hence satisfy the explain its determination that a AEP and CSW (together, ‘‘Applicants’’),4 requirements of sections 10(c)(1) and unidirectional contract met the Act’s and (2) it ‘‘failed to make any 11(b)(1) of the Act and that an interconnection requirement and that it evidentiary findings’’ or to engage in the Administrative Law Judge, to be had not made sufficient evidentiary proper legal analysis to support its designated by further order, preside at findings and had not engaged in the conclusion that the resulting system would operate in a ‘‘single area or the hearing. It is further ordered that the 1 American Electric Power Co., Inc., and Central region.’’ 5 Based on these conclusions, Administrative Law Judge shall issue an and South West Corp., Holding Co. Act Release No. the Court vacated the order and initial decision no later than 300 days 27186 (June 14, 2000). In addition to approving the ‘‘remanded for further proceedings proposed transaction, the Commission denied the from the date of service of this Order. hearing requests of the American Public Power consistent with this opinion.’’ It is further ordered the Division of Association (‘‘APPA’’), the National Rural Electric We believe further supplementation Investment Management shall be a party Cooperative Association (‘‘NRECA’’), Consumers for of the record is required for us to to the proceeding. Fair Competition and Mr. Paul S. Davis. The APPA address the issues identified in the and NRECA jointly filed the petition for review that It is further ordered that any person, led to the Court of Appeals decision remanding this other than the American Electric Power 3 matter to the Commission. Section 10(c)(1) of the Act in pertinent part Company and the Division of The merger was completed on June 15, 2000. The requires the Commission not to approve an appeal did not stay the operation of the order. See acquisition of securities or utility assets that is Investment Management, who wishes to section 24(b) of the Act. ‘‘detrimental to the carrying out of the provisions be heard or who otherwise desires to 2 In the original proceeding, AEP and CSW, at of section 11.’’ Section 11(b)(1) in pertinent part participate in the proceeding, whether that time each public utility holding companies limits the operations of a holding company system as a party or as a limited participant, separately registered under the Act, were joint to a single integrated public-utility system. applicants. AEP and CSW merged following 4 National Rural Electric Cooperative Association shall file a written motion seeking to do issuance of the Commission’s order, with AEP as v. SEC, 276 F.3d at 616 (D.C. Cir. 2002). the surviving registrant. 5 Id at 617. 6 17 CFR part 201.

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so with the Secretary of the Commission Interested persons wishing to I. Background in accordance with the requirements of comment or request a hearing on the By order dated October 16, 2002 Rule 210(b) of the Commission’s Rules application(s) and/or declaration(s) (HCAR No. 27577) (‘‘October 2002 7 of Practice. A movant shall serve a should submit their views in writing by Order’’), National Grid Group plc copy of any such motion upon September 24, 2004, to the Secretary, merged with Lattice Group plc (‘‘Lattice American Electric Power Company Inc. Securities and Exchange Commission, Group’’) (‘‘Merger’’) and was renamed at the address noted below in Washington, DC 20549–0609, and serve National Grid Transco. In connection accordance with Rule 150(c) of the a copy on the relevant applicant(s) and/ with the Merger, the Commission Commission’s Rules of Practice, and or declarant(s) at the address(es) authorized National Grid Transco to proof of service shall be filed with the specified below. Proof of service (by invest up to $20 billion in foreign utility Secretary of the Commission affidavit or, in the case of an attorney at companies (‘‘FUCOs’’) and to issue and contemporaneously with the motion. law, by certificate) should be filed with sell equity and debt securities and to It is further ordered that the Secretary the request. Any request for hearing enter into guarantees to finance and of the Commission shall give notice of should identify specifically the issues of support these investments. The the hearing by mailing copies of this facts or law that are disputed. A person financing authority granted in the Notice and Order by certified mail to: who so requests will be notified of any October 2002 Order supplemented The American Electric Power Company, hearing, if ordered, and will receive a financing authority that National Grid 1 Riverside Plaza, Columbus, Ohio copy of any notice or order issued in the Transco had received prior to the 43215 matter. After September 24, 2004, the Merger by order dated January 16, 2002 The American Public Power application(s) and/or declaration(s), as (HCAR No. 27490) (‘‘January 2002 Association, 2301 M Street, NW., filed or as amended, may be granted Order’’). The January 2002 Order and Washington, DC 20037 and/or permitted to become effective. the October 2002 Order provide that the The National Rural Electric Cooperative National Grid Transco, plc et al (70– financing authorizations granted by Association, 4301 Wilson Blvd., 10236) each order expires on September 30, Arlington, Virginia 22203 2004. Applicants now propose the It is further ordered that the Secretary National Grid Transco plc (‘‘National following new financing authorizations of the Commission shall give notice to Grid Transco’’), and its registered for the National Grid Transco system. all other persons by publication of this holding company subsidiaries A. National Grid Transco Notice and Order in the Federal (‘‘Intermediate Subsidiaries’’), National National Grid Transco is a registered Register; that a copy of this Notice and Grid Holdings One plc, National Grid holding company under the Act. Order shall be published in the ‘‘SEC (U.S.) Investments, all at 1–3 Strand, National Grid Transco’s ordinary shares Docket’’; and that an announcement of London WC2N 5EH, United Kingdom, are listed on the London Stock the hearing shall be included in the National Grid General Partnership c/o Exchange and its American Depositary ‘‘SEC News Digest.’’ RL&F Service Corp., One Rodney Square, Wilmington, New Castle Receipts (‘‘ADRs’’) are listed on the New By the Commission. County, DE 19801, National Grid USA, York Stock Exchange. As of March 31, Margaret H. McFarland, National Grid Holdings Inc., both at 25 2004, there were 3,087,603,756 ordinary Deputy Secretary. Research Drive, Westborough, MA shares (including ADRs) outstanding. [FR Doc. E4–2047 Filed 9–2–04; 8:45 am] 01582 all registered holding companies, For the 12 months ended March 31, BILLING CODE 8010–01–P National Grid USA’s public utility 2004, National Grid Transco reported subsidiaries (‘‘Utility Subsidiaries’’) consolidated gross revenues, operating New England Power Company income and net income of $15.2 billion, SECURITIES AND EXCHANGE (‘‘NEPCO’’), Massachusetts Electric $3.1 billion, and $1.8 billion, calculated COMMISSION Company (‘‘Mass. Electric’’), The in accordance with United States Narragansett Electric Company generally accepted accounting [Release No. 35–27888; International Series principles (‘‘US GAAP’’). As of March Release No. 1280; 70–10236] (‘‘Narragansett’’), Granite State Electric Company (‘‘Granite State’’), Nantucket 31, 2004, National Grid Transco had total consolidated assets of $59.4 Filings Under the Public Utility Holding Electric Company (‘‘Nantucket’’), New billion, and a market capitalization of Company Act of 1935, as Amended England Electric Transmission approximately $21.5 billion. National (‘‘Act’’) Corporation (‘‘NEET’’), New England Hydro-Transmission Corporation (‘‘N.H. Grid Transco and its subsidiaries August 30, 2004. Hydro’’), New England Hydro- employ approximately 25,000 Notice is hereby given that the Transmission Electric Co. Inc. (‘‘Mass. employees. following filing(s) has/have been made Hydro’’), all at 25 Research Drive, National Grid Transco’s consolidated with the Commission pursuant to Westborough, MA 01582, and Niagara capitalization (including short-term provisions of the Act and rules Mohawk Power Corporation (‘‘Niagara debt) at March 31, 2004 was as follows: promulgated under the Act. All Mohawk’’), 300 Erie Boulevard, West Book value Percentage interested persons are referred to the Syracuse, New York 13202 and the (millions) of total (%) application(s) and/or declaration(s) for direct and indirect nonutility complete statements of the proposed subsidiaries (‘‘Nonutility Subsidiaries’’) Common transaction(s) summarized below. The of National Grid Transco listed in Stock application(s) and/or declaration(s) and Exhibit A (‘‘Subsidiaries,’’ and Equity* ...... 16,428.7 41.2 any amendment(s) is/are available for collectively ‘‘Applicants’’) to this Preferred public inspection through the Stock ...... 70.6 0.2 application-declaration (‘‘Application’’), Long-Term Commission’s Branch of Public have filed under sections 6(a), 7, 9(a), Debt ...... 20,590.1 51.7 Reference. 10, 12(b), 12(c) and 13(b) of the Act and Short-Term rules 20, 26, 42, 43, 45, 46, 52, 53, 54, Debt** ...... 2,761.9 6.9 7 17 CFR 201.210(b). 87 and 90 under the Act.

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Book value Percentage Through its subsidiaries, National Telecommunications and Energy (millions) of total (%) Grid USA is engaged in electric (‘‘MDTE’’). transmission and distribution to Narragansett is engaged in the Total ...... 39,851.3 100.0 residential, commercial, and industrial delivery of electric energy to * Including minority interests. customers in New England and the approximately 473,000 customers in 38 ** Including current portion of long-term transmission and distribution of cities and towns in Rhode Island. As of debt. electricity and the distribution of and for the 12 months ended March 31, National Grid Transco’s senior natural gas to residential, commercial, 2004, Narragansett had total assets of unsecured debt is currently rated A¥ by and industrial customers in New York. $1,552.2 million, operating revenues of Standard & Poor’s Inc. (‘‘S&P’’) and Baa1 Applicants state that National Grid USA $812.1 million and net income of $30.1 by Moody’s Investor Service and its direct and indirect subsidiaries million. Narragansett is subject to rate (‘‘Moody’s’’). (‘‘National Grid USA Group’’) operates regulation by the FERC and the Rhode and maintains distribution power lines Island Public Utilities Commission 1. U.K. Business Overview and substations; provides metering, (‘‘RIPUC’’). The Rhode Island Division Through its direct wholly owned billing, and customer services; designs of Public Utilities and Carriers subsidiary, National Grid Holdings One and builds distribution-related facilities; (‘‘RIDIV’’) has jurisdiction over plc (‘‘NGH One’’), and that company’s and provides related products and Narragansett’s financings and subsidiary, National Grid Holdings Ltd, services including energy efficiency transactions with affiliates. National Grid Transco owns The programs for customers. Granite State provides retail electric National Grid Company plc (‘‘NGC’’) National Grid USA owns companies service to approximately 40,000 and certain other non-U.S. subsidiaries. that deliver electricity to approximately customers in 21 communities in New NGC is engaged in the transmission of 3.3 million customers in New York, Hampshire. As of and for the 12 months electricity in England and Wales. NGC Massachusetts, Rhode Island and New ended March 31, 2004, Granite State owns and operates a transmission Hampshire. These electric public utility had total assets of $100.8 million, operating revenues of $73.1 million and system consisting of approximately companies own and operate net income of $2.7 million. Granite State 4,500 route miles of overhead lines and approximately 76,000 miles of is subject to regulation by the FERC and approximately 410 route miles of transmission and distribution lines in the New Hampshire Public Utilities underground cable together with New York and New England. The Commission (‘‘NHPUC’’). approximately 341 substations at some National Grid USA Group includes five 243 sites. Nantucket provides retail electric wholly owned electricity distribution service to approximately 11,000 Through NGH One and its subsidiary 2 companies: Niagara Mohawk, Mass. customers on Nantucket Island, Lattice Group, National Grid Transco Electric, Narragansett, Granite State, and owns Transco plc (‘‘Transco’’) and Massachusetts. As of and for the 12 Nantucket and four other utility months ended March 31, 2004, certain other non-U.S. subsidiaries. companies: NEPCO, NEET, N.H. Hydro, Transco is the owner and operator of the Nantucket had total assets of $59.2 and Mass. Hydro. million, operating revenues of $19.8 majority of Great Britain’s gas Niagara Mohawk provides gas utility transportation and distribution system million and net income of $0.9 million. service to over 560,000 retail customers Nantucket is subject to regulation by the however it does not sell gas to in New York State and electric service consumers. Transco’s transportation FERC and the MDTE. to about 1.6 million electric customers National Grid USA’s wholly owned network comprises approximately 4,200 in eastern, central, northern and western subsidiary, NEPCO, is the operator of miles of high pressure national New York State. As of and for the 12 electricity transmission facilities in the transmission pipelines and months ended March 31, 2004, Niagara states of Massachusetts, Rhode Island, approximately 170,000 miles of lower Mohawk had total assets of $12,415.9 New Hampshire, and Vermont. As of pressure regional transmission and million, operating revenues of $4,063.6 and for the 12 months ended March 31, distribution systems pipelines. An million and net income of $139.7 2004, NEPCO had total assets of interconnector to Belgium links million. Niagara Mohawk is subject to $2,715.1 million, operating revenues of Transco’s own gas transportation system rate regulation by the Federal Energy $457.9 million and net income of $72.5 to continental Europe. A second Regulatory Commission (‘‘FERC’’) and million. NEPCO is subject to rate interconnector supplies gas to Eire and the New York State Public Service regulation by the FERC. The Vermont Northern Ireland. Commission (‘‘NYPSC’’). Public Service Board (‘‘VPSB’’), the 2. U.S. Business Overview Mass. Electric is engaged in the MDTE and the NHPUC have jurisdiction delivery of electric energy to National Grid Transco’s U.S. business over NEPCO’s financings and approximately 1.2 million customers in is conducted through National Grid transactions with affiliates. Although 171 cities and towns in Massachusetts. USA, a registered holding company and the Maine Public Utilities Commission As of and for the 12 months ended an indirect wholly owned subsidiary of (‘‘MPUC’’) has jurisdiction over March 31, 2004, Mass. Electric had total National Grid Transco. National Grid NEPCO’s financings, it defers to assets of $3,123.8 million, operating USA is held directly and indirectly by financing authorizations from the revenues of $1,993.5 million and net intermediate companies (‘‘Intermediate MDTE. The Nuclear Regulatory income of $34.8 million. Mass. Electric Companies’’) which also are registered Commission (‘‘NRC’’) has jurisdiction is subject to regulation by the FERC and holding companies.1 over NEPCO’s ownership of nuclear the Massachusetts Department of facilities. 1 Applicants state that Intermediate Companies NEET, a wholly owned subsidiary of are all the holding companies in the chain of National Grid Holdings Inc. and any new National Grid USA, owns and operates ownership of National Grid USA that are direct or companies in the chain of ownership as the a direct current/alternating current indirect subsidiaries of National Grid Transco structure may be revised from time to time. converter terminal facility for the first including National Grid (US) Holdings Limited, 2 Niagara Mohawk is indirectly held by National National Grid (US) Investments 4, National Grid Grid USA through the exempt holding company phase of the Hydro-Quebec and New (US) Partner 1 Limited, National Grid (US) Partner Niagara Mohawk Holdings Inc. (‘‘NiMo Holdings’’). England interconnection 2 Limited, National Grid General Partnership, See January 2002 Order. (‘‘Interconnection’’) and six miles of

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high voltage direct current transmission II. Request for Financing Authorization of total consolidated capitalization 4, as line in New Hampshire. As of and for shown in its most recent quarterly A. Financing Parameters the 12 months ended March 31, 2004, balance sheet (but measured on a book NEET had total assets of $9.8 million, Applicants request authorization to value U.S. GAAP basis), of at least 30% operating revenues of $6.3 million, and engage in financing transactions through or above. National Grid USA, on a net income of $0.5 million. NEET is September 30, 2007 (‘‘Authorization consolidated basis, and each Utility subject to rate regulation by FERC. The Period’’), for which the specific terms Subsidiary 5 on an individual basis NHPUC has jurisdiction over its and conditions are not known at this (except NEET),6 will maintain common financings and transactions with time. Applicants state that the following stock equity of at least 30% of total affiliates. N.H. Hydro, in which National general terms (‘‘Financing Parameters’’) capitalization as shown in each Grid USA holds 53.7% of the common will be applicable where appropriate to company’s most recent quarterly stock, operates 121 miles of high-voltage the proposed external financing balance sheet (measured on a book direct current transmission line in New activities requested (including, without value U.S. GAAP basis). Hampshire for the second phase of the limitation, securities issued for the 5. Investment Grade Ratings Interconnection, extending to the purpose of refinancing or refunding Massachusetts border. As of and for the outstanding securities of the issuer): Applicants further represent that, 12 months ended March 31, 2004, N.H. 1. Effective Cost of Money except for securities issued for the Hydro had total assets of $92.2 million, purpose of funding money pool operating revenues of $25.5 million, and The effective cost of capital on long- operations, no guarantees or other net income of $3.1 million. N.H. Hydro term debt, preferred stock, preferred securities, other than common stock, is subject to rate regulation by FERC. securities, equity-linked securities, and may be issued in reliance upon the The NHPUC has jurisdiction over N.H. short-term debt will not exceed the authorization granted by the Hydro’s financings and transactions greater of (a) 500 basis points over U.K. Commission under this Application, with affiliates. or U.S. government-issued securities or unless (a) the security to be issued, if Mass. Hydro, 53.7% of the voting other government benchmark for the rated, is rated investment grade; (b) all stock of which is held by National Grid currency concerned having a remaining outstanding securities of the issuer that USA, operates a direct current/ term equal to the term of such series or are rated are rated investment grade; alternating current terminal and related (b) a gross spread over U.K. or U.S. and (c) all outstanding securities of facilities for the second phase of the government-issued securities that is National Grid Transco that are rated, are Interconnection and 12 miles of high- consistent with similar securities of rated investment grade. For purposes of voltage direct current transmission line comparable credit quality and this provision, a security will be in Massachusetts. As of and for the 12 maturities issued by other companies. deemed to be rated ‘‘investment grade’’ months ended March 31, 2004, Mass. 2. Maturity if it is rated investment grade by at least Hydro had total assets of $107.8 million, one nationally recognized statistical operating revenues of $31.1 million, and The maturity of long-term debt will be rating organization (‘‘NRSRO’’), as that net income of $5.1 million. New between one and 50 years after issuance. term is used in paragraphs (c)(2)(vi)(E), England Hydro Finance Company, Inc. Preferred securities and equity-linked (F) and (H) of Rule 15c3–1 under the (‘‘N.E. Hydro Finance’’) is owned in securities will be redeemed no later Securities Exchange Act of 1934, as equal shares by Mass. Hydro and N.H. than 50 years after issuance, unless amended (‘‘1934 Act’’). Applicants Hydro. NE Hydro Finance provides the converted into common stock. Preferred request that the Commission reserve debt financing required by the owners to stock issued directly by National Grid jurisdiction over the issuance of any fund the capital costs of their Transco may be perpetual in duration. guarantee or other securities in reliance participation in the Interconnection. Short-term debt will have a maturity of upon the authorization granted by the Mass. Hydro is subject to rate regulation one year or less. Commission under this Application at by FERC. The MDTE has jurisdiction 3. Issuance Expenses any time that the conditions set forth in over Mass. Hydro’s financings and The underwriting fees, commissions, transactions with affiliates. 4 Applicants would calculate the common stock or other similar remuneration paid in equity to total capitalization ratio as follows: Applicants state that the table below connection with the non-competitive common stock equity (as defined in the shows the capital structure of each issue, sale or distribution of securities immediately preceding footnote)/(common stock Utility Subsidiary as of March 31, 2004. under this Application will not exceed equity + preferred stock + gross debt). Gross debt is the sum of long-term debt, short-term debt, and the greater of (a) 5% of the principal or Common current maturities. Utility subsidiary stock Debt total amount of the securities being 5 Nantucket would maintain a minimum of 30% Equity issued or (b) issuance expenses that are common stock equity as a percentage of total generally paid at the time of the pricing capitalization on a combined basis with Mass. Electric. Niagara Mohawk ...... 42.4 57.6 for sales of the particular issuance, 6 Mass. Electric ...... 77.5 22.5 Applicants state that NEET owns and operates having the same or reasonably similar a direct current/alternating current converter Nantucket ...... 49.6 50.4 terms and conditions issued by similar terminal facility for the first phase of the Hydro- Narragansett ...... 89.4 10.6 companies of reasonably comparable Quebec and New England interconnection and six Granite State ...... 78.0 22.0 credit quality. miles of high voltage DC transmission line in New NEPCO ...... 71.1 28.9 Hampshire. The facilities are financed with a high NEET ...... 2.6 97.4 4. Common Equity Ratio level of debt on a project basis. The New England NH Hydro ...... 39.4 57.7 utilities participating in Phase 1 are responsible for Mass. Hydro ...... 39.9 61.1 National Grid Transco will maintain the full costs of the facilities under a support common stock equity 3 as a percentage agreement. Applicants state that it would be disruptive and economically inappropriate to The Nonutility Subsidiaries in the refinance the facilities with additional equity since National Grid Transco System that are 3 Common stock equity includes common stock that would increase the cost of operating the (i.e., amounts received equal to the par or stated facility. Based on this reasoning, the Commission Applicants are described in Exhibit A to value of the common stock), additional paid in excepted NEET from the 30% minimum common the Application. capital, retained earnings, and minority interests. equity standard in the January 2002 Order.

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clauses (a) through (c) above are not outstanding not to exceed $6 billion A. Common Stock satisfied. (‘‘NGT Short-term Limit’’). Although the financing limits in the 1. General Issuance B. Use of Proceeds application are stated in U.S. dollars, a National Grid Transco proposes to The proceeds from the financings large portion of the securities issued issue and sell common stock, or options, authorized by the Commission under under this authorization are expected to warrants, or other stock purchase rights this Application will be used for general be denominated in pounds or other exercisable for common stock, through corporate purposes, including (a) currencies the value of which will underwriting agreements of a type financing investments by and capital fluctuate against the dollar. To provide generally standard in the industry. expenditures of the National Grid consistent financing limits over the Public distributions may be under Transco System, (b) the funding of Authorization Period, for purposes of private negotiation with underwriters, future investments in FUCOs, and measuring compliance with the limits, dealers or agents, or effected through companies exempt under rule 58 under National Grid Transco would value competitive bidding among the Act (‘‘Rule 58 Subsidiaries’’), (c) the securities issued in currencies other underwriters. In addition, sales may be repayment, redemption, refunding, or than the dollar, on their date of made through private placements or purchase by National Grid Transco or issuance, based on the applicable other non-public offerings to one or any Subsidiary of any of its own exchange rate between the dollar and more persons. All common stock sales securities, and (d) financing working the currency in which the security is will be at rates or prices and under capital requirements of National Grid denominated in effect on the date the conditions negotiated or based upon, or Transco and the Subsidiaries. The Commission order granting the otherwise determined by, competitive Applicants represent that no financing Application is entered. capital markets. proceeds will be used to acquire the National Grid Transco contemplates 2. Acquisitions equity securities of any company unless that securities would be issued and sold the acquisition has been approved by directly to one or more purchasers in National Grid Transco proposes to the Commission in this proceeding or in privately-negotiated transactions or to issue common stock or options, a separate proceeding or in accordance one or more investment banking or warrants, or other stock purchase rights with an available exemption under the underwriting firms or other entities who exercisable for common stock in public Act or rules, including sections 32, 33, would resell the securities without or privately-negotiated transactions as 34, and rule 58. registration under the Securities Act of consideration for the equity securities or 1933, as amended (‘‘1933 Act’’) in assets of other companies, provided that III. Proposed Financing Program reliance upon one or more applicable the acquisition of any equity securities National Grid Transco requests exemptions from registration or assets has been authorized in a authorization to increase its thereunder, or to the public either (a) separate proceeding or is exempt under capitalization through the issuance and through underwriters selected by the Act or the rules thereunder (e.g., sale of securities including, but not negotiation or competitive bidding or (b) rule 58). necessarily limited to, common stock, through selling agents acting either as 3. Stock Plans preferred stock, preferred securities, agent or as principal for resale to the equity-linked securities, options, public either directly or through dealers. National Grid Transco also proposes warrants, purchase contracts, units If underwriters are used, securities will to issue common stock and/or purchase (consisting of one or more purchase be acquired by the underwriters for their shares of its common stock (either contracts, warrants, debt securities, own account and may be resold from currently or under forward contracts) in shares of preferred stock, shares of time to time in one or more transactions, the open market for purposes of (a) common stock, or any combination of including negotiated transactions, at a reissuing the shares at a later date under these securities), long-term debt, fixed public offering price or at varying stock-based plans which are maintained subordinated debt, bank borrowings, prices determined at the time of sale. for stockholders, employees and securities with call or put options, and These securities may be offered to the nonemployee directors or (b) managing securities convertible into any of these public either through underwriting its capital structure. Applicants state securities. The aggregate amount of new syndicates (which may be represented that National Grid Transco’s stock-based financing obtained by National Grid by a managing underwriter or plans are briefly described in Exhibit E Transco during the Authorization underwriters designated by National to the Application. National Grid Period (exclusive of short-term debt) Grid Transco) or directly by one or more Transco proposes to issue shares of its through the issuance of securities, in underwriters acting alone, or may be common stock in order to satisfy its each case valued at the time of issuance, sold directly by National Grid Transco obligations under each of these existing shall not exceed $20 billion outstanding or through agents designated by stock-based plans, as they may be at any one time, (‘‘NGT External National Grid Transco from time to amended or extended, and similar plans Limit’’), provided that securities issued time. If dealers are utilized, National or plan funding arrangements hereafter for purposes of refunding or replacing Grid Transco will sell securities to the adopted without any additional other securities where National Grid dealers, as principals. Any dealer may Commission order. Shares of common Transco’s capitalization is not increased then resell these securities to the public stock issued under these plans may as a result shall not be counted against at varying prices to be determined by either be newly issued shares, treasury the NGT External Limit. In addition, the dealer at the time of resale. If shares or shares purchased in the open National Grid Transco requests common stock is being sold in an market, including ADSs, provided that authority to issue and sell from time to underwritten offering, National Grid only the net proceeds from sales of time, directly or indirectly through one Transco may grant the underwriters a newly issued shares will be counted or more financing subsidiaries ‘‘green shoe’’ option permitting the against the NGT External Limit. (‘‘Financing Subsidiaries’’), short-term purchase from National Grid Transco at National Grid Transco proposes to make debt, including commercial paper and the same price additional shares then open-market purchases of common bank borrowings, in an aggregate being offered solely for the purpose of stock in accordance with the terms of, principal amount at any time covering over-allotments. or in connection with, the operation of

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the plans, or as part of a program to placement or indirectly through one or approved by the public service repurchase its securities generally. more financing subsidiaries, in the form commission in the state in which each Stock repurchases would be conducted of notes, convertible notes, medium- Utility Subsidiary is incorporated and through open market transactions and term notes, or debentures under one or operating.7 To the extent their financing could include the acquisition at arms’- more indentures, or unsecured long- is not exempt under rule 52(a) or length of National Grid Transco term indebtedness under agreements otherwise, Applicants request common stock from institutional with banks or other institutional authorization for the Utility Subsidiaries investors that may have an affiliate lenders. The maturity dates, interest listed in the table below to issue debt interest in National Grid Transco. rates, redemption and sinking fund securities having a maturity of 12 provisions, and conversion features, if B. Preferred Stock, Preferred Securities months or less in the aggregate amounts any, with respect to the long-term debt and Equity-Linked Securities shown. of a particular series, as well as any Applicants state that National Grid associated placement, underwriting, or In dollars Transco states that it has not issued any selling agent fees, commissions, and preferred stock directly or other forms of discounts, if any, will be established by Niagara Mohawk ...... 1 billion. preferred securities indirectly through negotiation or competitive bidding at Mass. Electric ...... 400 million. Nantucket ...... 40 million. any financing subsidiary. In the future, the time of issuance. however, National Grid Transco wishes Narragansett ...... 145 million. D. Short-Term Debt Granite State ...... 10 million. to have the flexibility to issue preferred NEPCO ...... 750 million. stock directly and/or issue, indirectly National Grid Transco proposes to NEET ...... 10 million. through one or more Financing issue and sell from time to time, directly NH Hydro ...... 12.5 million. Subsidiaries, other forms of preferred or indirectly through one or more Mass. Hydro ...... 12.5 million. securities (including, without financing subsidiaries, short-term debt, limitation, trust preferred securities or in the form of unsecured commercial F. Nonutility Subsidiary Financing monthly income preferred securities). paper, notes issued to banks and other Preferred stock and other forms of institutional lenders, and other forms of 1. Generally preferred securities may be issued in unsecured short-term indebtedness, in Applicants request authority for one or more series with rights, an aggregate principal amount at any National Grid Transco or any Nonutility preferences, and priorities as may be time outstanding not to exceed the NGT Subsidiary, including a Financing designated in the instrument creating Short-Term Limit. Unused borrowing Subsidiary, to make loans to Nonutility each series, as determined by National capacity under a credit facility would Subsidiaries. Applicants state that these Grid Transco’s board of directors, and not count towards the NGT Short-Term loans would generally have interest may be convertible or exchangeable into Limit. National Grid Transco proposes rates and maturities that are designed to shares of National Grid Transco that short-term borrowings under credit parallel the lending company’s effective common stock or unsecured lines will have maturities of a year or cost of capital. Applicants request indebtedness. Dividends or less from the date of each borrowing. authorization to acquire the equity distributions on these securities would National Grid Transco proposes that securities of wholly owned subsidiaries be made periodically and to the extent commercial paper issued under any and to lend funds to these companies to funds are legally available for the commercial paper facility would be finance ongoing operations and purpose, but may be made subject to sold, directly or indirectly through one additional investments consistent with terms which allow the issuer to defer or more Financing Subsidiaries, in their existing businesses. Except as dividend payments for specified established U.S. or European noted below, loans would bear interest periods. National Grid Transco also commercial paper markets. Commercial at the lender’s effective cost of capital. proposes to issue and sell equity-linked paper would typically be sold to dealers Applicants state that no financing securities in the form of stock purchase at the discount rate per annum proceeds will be used to acquire the units, which combine a security with a prevailing at the date of issuance for equity securities of any company unless fixed obligation (e.g.,, preferred stock or commercial paper of comparable quality the acquisition has been approved by debt) with a stock purchase contract that and maturities sold to commercial paper the Commission in this proceeding or in is exercisable (either mandatorily or at dealers generally. It is expected that the a separate proceeding or in accordance the option of the holder) within a dealers acquiring the commercial paper relatively short period (e.g., three to six would reoffer it at a discount to 7 Specifically, Applicants state that: (a) The years after issuance). The dividend or corporate, institutional and, with NYPSC must approve all financings by Niagara distribution rates, interest rates, respect to European commercial paper, Mohawk other than short-term indebtedness having a maturity of 12 months or less, (b) the MDTE must redemption and sinking fund individual investors. It is anticipated approve all financings by Mass. Electric and provisions, conversion features, if any, that commercial paper would be Nantucket other than short-term indebtedness and maturity dates with respect to the reoffered to investors such as having a maturity of 12 months or less, (c) the preferred stock or other types of commercial banks, insurance RIDIV must approve all financings by Narragansett other than short-term indebtedness having a preferred securities and equity-linked companies, pension funds, investment maturity of 12 months or less, (d) the NHPUC must securities of a particular series, as well trusts, foundations, colleges and approve all financings by Granite State, a New as any associated placement, universities, finance companies, and Hampshire corporation, (e) NEPCO is regulated by underwriting or selling agent fees, nonfinancial corporations. the VPSB, MDTE, and the MPUC with regard to commissions and discounts, if any, will security issuances other than short-term E. Utility Subsidiary Financing indebtedness having a maturity of 12 months or less be established by negotiation or and by the NHPUC with regard to both long- and competitive bidding. Applicants state that they expect the short-term financings; (f) NEET and N.H. Hydro are issue and sale of most securities by the subject to the jurisdiction of the NHPUC with C. Long-Term Debt Utility Subsidiaries will be exempt from respect to all financing transactions and (g) Mass. Hydro is subject to the jurisdiction of the MDTE Applicants state that long-term debt the preapproval requirements of which must approve all financings, other than would be unsecured and may be issued sections 6(a) and 7 of the Act under rule short-term indebtedness having a maturity of 12 directly through a public or private 52(a), as most of these securities must be months or less.

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with an available exemption under the Intermediate Companies, National Grid Transco would use a rate equal to the Act or rules. USA, or NiMo Holdings to borrow funds effective rate that National Grid Transco from an indirect parent company or 2. U.S. Chain of Companies would pay on the issuance of a from a FUCO associate company. comparable security in a competitive Applicants request authority for Applicants assert that these loans allow offering to unaffiliated banks or other National Grid USA Group, the National Grid Transco the flexibility to lenders. Intermediate Companies, National Grid meet the short-term working capital The interest rates paid by the National USA, and NiMo Holdings to issue and requirements of National Grid USA and sell securities to: (a) direct and indirect its subsidiaries when funds can be Grid USA Group companies in parent companies, and (b) FUCOs, such raised at a lower cost by National Grid connection with borrowings from as NGH One and Lattice Group and their Transco. National Grid Transco and the other associate company subsidiaries. Applicants propose that the terms and companies in the National Grid System, Applicants state that no FUCO or conditions of any financings between an including the FUCO subsidiaries, would subsidiary of a FUCO will purchase Intermediate Company and its direct or not increase the cost of capital used by equity and convertible debt securities indirect parent, or between an the National Grid USA Group. National from the Intermediate Companies, Intermediate Company and a FUCO Grid Transco regularly monitors its National Grid USA or NiMo Holdings. subsidiary, such as NGH One or Lattice ability to access the capital markets and The Intermediate Companies, National Group or their associate company states that if it determines that the rate Grid USA, and NiMo Holdings also subsidiaries, be on market terms. at which it can borrow is higher than propose to acquire securities from their Applicants state that financing on the rate a National Grid USA Group direct or indirect subsidiary companies. market terms assists National Grid company would pay in a direct The financing of Utility Subsidiaries Transco to comply with U.K. tax borrowing at that time from a would be subject to the Finance regulations. Market rate financing nonassociated party, the interest rate Parameters and the best rate method assures that intercompany loans will not applied to National Grid USA Group (‘‘Best Rate Method’’), described below. be used to transfer profits from one borrowings from associated companies Applicants propose that financing of related entity to another. Market rates would be based on that lower cost of Nonutility Subsidiaries of National Grid also allow the lending entity to recover funds. Consequently, Applicants state USA also would be conducted under the its true costs of liquidity, and the risks that under the Best Rate Method, the Best Rate Method. associated with credit quality and interest rate on loans to any company in Applicants state that in no case would interest rate and currency variability. the Intermediate Companies, National the National Grid USA Group would be Grid USA or NiMo Holdings borrow, or 4. Best Rate Method set at a rate equal to the lower of: (a) receive any extension of credit or Applicants propose that, regardless of National Grid Transco’s cost of funds, indemnity from any of their respective the market rate applicable to these (b) the cost of funds of another associate direct or indirect subsidiary companies, transactions, debt funding provided to company that proposes to lend funds to except their Financing Subsidiaries or National Grid USA Group companies the prospective National Grid USA the Financing Subsidiaries of a direct or would bear interest at a rate set Group company borrower, or (c) the cost indirect parent company. Further, the according to the Best Rate Method. of funds that would be paid by the Intermediate Companies, National Grid Under the Best Rate Method, short-term prospective National Grid USA Group USA and NiMo Holdings would not loans from associate companies to company borrower in a transaction acquire equity or convertible securities National Grid USA Group companies directly with a nonassociated lender. from indirect subsidiaries, unless would bear interest at the rate, as In implementing the Best Rate otherwise authorized or permitted by published in the Wall Street Journal on Method, National Grid Transco states the Commission, if the result would be the day of the borrowing (or the most that it would determine whether the to create a minority interest in a public recently published rate when lending rate applied to an associated utility company. borrowings occur on days when the company loan is equal to or lower than Wall Street Journal is not published), for the rate available to a National Grid 3. Intermediate Companies high grade 30-day commercial paper USA Group company in a direct Applicants commit that the issued by major corporations and sold borrowing from a nonassociated party Intermediate Companies would not through dealers plus an ‘‘at cost’’ issue securities to third parties. allocation of National Grid Transco’s (i.e., a market rate), in much the same Applicants state that all borrowings by funding costs.8 For medium and long- manner as an independent bank would the Intermediate Companies would be term loans to National Grid USA Group determine the market rate. National Grid unsecured, but may be guaranteed by companies, unless there is a directly Transco further states that it would take National Grid Transco or other identifiable external borrowing intended into account the nature of National Grid Intermediate Companies. Debt offerings to finance the company, National Grid USA’s business, or that of the individual by the Intermediate Companies and subsidiary to be financed, evaluate its National Grid USA would have short, 8 National Grid Transco states that the ‘‘at cost’’ capital structure, the particular risks to medium, and long-term maturities. allocation would add to the interest rate for high which it is subject, and generally grade 30-day commercial paper a small additional prevailing market conditions. National Short-term debt would have a maturity percentage that would compensate National Grid of one year or less, medium-term debt Transco for the cost that it incurs in issuing Grid Transco would also evaluate and would have maturities up to 5 years, commercial paper, notes to banks or other take into account information from third institutional lenders, and other forms of unsecured parties such as banks that would and long-term debt would have short-term debt. The issuance costs include any maturities up to 50 years. selling agent fees, commissions, discounts, indicate the prevailing market rates for Applicants propose to structure commitment fees, facility fees and other costs similar businesses. In particular, financings within the National Grid directly associated with the financing. The costs National Grid Transco states that it will Transco System and with FUCO would be allocated among all borrowers based on obtain information on the range of rates a ratio derived from historical National Grid subsidiaries. From time-to-time, Transco short-term borrowings and the average used by one or more banks for loans to Applicants request authority for the costs associated of those borrowings. similar businesses.

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5. National Grid USA notes from, one another through the to the weighted monthly average of the Money Pool. rates on its outstanding commercial National Grid USA requests Applicants further request authority paper; authorization to issue debt securities to for: (a) National Grid Transco, (b) the (b) During any month when a third parties through public or private Intermediate Companies, (c) NGH One, Commercial Paper Issuer has no offerings. Any issuances would be Lattice Group, their subsidiaries and commercial paper outstanding, the rate limited to an aggregate amount any subsequently organized or acquired will be the monthly average of the rate outstanding at any one time of $1 billion FUCO, (d) National Grid USA, (e) NiMo for high grade 30-day commercial paper (‘‘NGUSA Limit’’) and would be subject Holdings, and (f) the Nonutility sold through dealers by major to the Financing Parameters. All Subsidiaries of National Grid USA to corporations as published in the Wall borrowings by National Grid USA invest surplus funds and/or lend and Street Journal. The rate to be used for would be unsecured. extend credit to the Participating weekends and holidays will be the next 6. NiMo Holdings Subsidiaries through the Money Pool. preceding published rate. All the Utility Subsidiaries request (c) An Eligible Borrower other than In the January 2002 Order, the authorization within the limits for short- Commercial Paper Issuers will pay Commission found NiMo Holdings to be term debt set forth in section III.E. above interest at a rate of 1.08 times the rate an exempt holding company under to: (a) Invest surplus funds and/or lend described in paragraph (b). In no event section 3(a)(1) of the Act, although it and extend credit to the Money Pool will the rate be greater than the monthly remains (regulated as) a subsidiary of a and (b) to borrow from the Money Pool. average of the Base Lending Rate of registered holding company. NiMo Applicants state that the effective cost Fleet Boston. Holdings requests authorization to issue of short-term borrowings under the Applicants state that funds not and sell securities to associate Money Pool will generally be as required by the Money Pool to make companies, but not NiMo Holdings’ favorable to the Participating loans (with the exception of funds direct and indirect subsidiaries (other Subsidiaries than the comparable cost of required to satisfy the Money Pool’s than Financing Subsidiaries), for the external short-term borrowings. liquidity requirements) would purpose of financing NiMo Holdings’ Applicants state that the investment rate ordinarily be invested in one or more existing business, the businesses of its paid to Participating Subsidiaries that short-term investments, including: (a) respective subsidiaries, and future invest surplus funds in the Money Pool Obligations issued or guaranteed by the authorized or permitted businesses. will generally be higher than the typical U.S. government and/or its agencies and Applicants state that NiMo Holdings yield on short-term money market instrumentalities; (b) commercial paper; would not issue equity or convertible investments. Applicants state that, (c) certificates of deposit; (d) bankers’ securities to associate companies other under the Money Pool agreement acceptances; (e) repurchase agreements; than its immediate parent company and (‘‘Money Pool Agreement’’), short-term (f) tax exempt notes; (g) tax exempt would not issue securities to third funds are available from the following bonds; (h) tax exempt preferred stock; parties. Debt securities issued by NiMo sources for short-term loans to the and (i) such other investments as are Holdings would bear interest at the rates Participating Subsidiaries from time to permitted by section 9(c) of the Act and applicable to National Grid USA Group time: (a) Surplus funds in the treasuries rule 40 thereunder. Applicants state that the interest companies under the Best Rate Method of Participating Subsidiaries and (b) income and investment income earned described above. All borrowings by proceeds received by National Grid on loans and investments of surplus NiMo Holdings would be unsecured, Transco and National Grid USA from funds would be allocated among those except that borrowings may be the sale of commercial paper, Money Pool participants that have guaranteed as provided below. borrowings from banks and other lenders, and other financing invested funds in accordance with the G. Continuation of Money Pool arrangements (‘‘External Funds’’). ratio of the surplus funds contributed by Applicants state that funds are made each participant to the total surplus Applicants request authority for the available from sources in the order that funds invested in the Money Pool. Utility Subsidiaries, National Grid USA ServiceCo, as the administrative agent Applicants state that each Eligible Service Company (‘‘ServiceCo’’) and any under the Money Pool Agreement, Borrower receiving a loan through the National Grid Transco System company determines would result in a lower cost Money Pool would be required to repay (‘‘Participating Subsidiaries’’) (to of borrowing, consistent with the the principal amount of the loan, participate in the money pool individual borrowing needs and together with all interest accrued, on established for the National Grid USA financial standing of the Participating demand and in any event within one Group (‘‘Money Pool’’) in the Merger Subsidiaries. year after the date of the loan. All loans Order. Applicants request that the Applicants state that Participating made through the Money Pool may be Commission reserve jurisdiction over Subsidiaries authorized to borrow from prepaid by the borrower without the participation of any National Grid the Money Pool (‘‘Eligible Borrowers’’) premium or penalty and without prior Transco System company in the Money will borrow pro rata from each lending notice. Pool, other than the Utility Subsidiaries Participating Subsidiary in the Applicants state that proceeds of any and ServiceCo, as a borrower until the proportion that the total amount short-term borrowings from the Money record in this matter has been invested by each Participating Pool may be used by an Eligible supplemented with additional Subsidiary bears to the total amount Borrower: (a) For the interim financing information regarding the proposed then invested in the Money Pool. The of its construction and capital participant. interest rate charged to Eligible expenditure programs; (b) for its Applicants request authority for the Borrowers on borrowings under the working capital needs; (c) for the Participating Subsidiaries to make Money Pool will be as follows: repayment, redemption or refinancing of unsecured short-term borrowings from (a) A borrower with a commercial its debt and preferred stock; (d) to meet the Money Pool, to contribute surplus paper credit rating or an investment unexpected contingencies, payment and funds to the Money Pool, to lend and grade bond rating (‘‘Commercial Paper timing differences, and cash extend credit to, and acquire promissory Issuer’’) will pay interest at a rate equal requirements; and (e) to otherwise

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finance its own business and for other commitment fees or letter of credit fees, (‘‘Put Options Purchase’’), (c) a Put lawful general corporate purposes. plus other transactional expenses) for Options Purchase in combination with the period of time that it remains the sale of call options on government III. Guarantees outstanding. securities (‘‘Zero Cost Collar’’), (d) National Grid Transco requests In addition, Applicants request transactions involving the purchase or authorization to provide guarantees authority for the Nonutility sale, including short sales, of (‘‘Guarantees’’) with respect to debt Subsidiaries, National Grid USA, NiMo government securities, or (e) some securities or other contractual Holdings, the Intermediate Companies, combination of a Forward Sale, Put obligations of any Subsidiary as may be and NGH One to guarantee the Options Purchase, Zero Cost Collar, appropriate in the ordinary course of the indebtedness or contractual obligations and/or other derivative or cash Subsidiary’s business, in an aggregate and to otherwise provide credit support transactions, including, but not limited principal or nominal amount not to to associate companies. Guarantees to structured notes, caps, and collars exceed $20 billion (‘‘NGT Guarantee provided by National Grid USA and appropriate for the Anticipatory Hedges. Limit’’) at any one time outstanding, NiMo Holdings in support of the National Grid may seek to hedge its provided however, that the amount of external obligations of direct or indirect exposure to currency fluctuations any Guarantees in respect of obligations subsidiaries would not exceed $1 billion through currency swaps or options and of any Subsidiaries shall also be subject outstanding at any one time, in the forward exchange or similar to the limitations of rule 53(a)(1) or rule aggregate, exclusive of any Guarantees transactions. 58(a)(1), as applicable. and other forms of credit support that Applicants state that Hedging National Grid Transco states that are exempt pursuant to rule 45(b) and Instruments and instruments used to Guarantees may take the form of, among rule 52(b), provided however, that the effect Anticipatory Hedges will be others, direct guarantees, amount of Guarantees in respect of executed on-exchange (‘‘On-Exchange reimbursement undertakings under obligations of any Rule 58 Subsidiaries Trades’’) with brokers through the letters of credit, ‘‘keep well’’ shall remain subject to the limitations of opening of futures and/or options undertakings, agreements to indemnify, rule 58(a)(1). The company providing positions, the opening of over-the- expense reimbursement agreements, and credit support may charge its associate counter positions with one or more credit support with respect to the company a fee for each Guarantee counterparties (‘‘Off-Exchange Trades’’), obligations of the Subsidiaries as may be provided on its behalf determined in the or a combination of On-Exchange appropriate to enable Subsidiaries to same manner as specified above. Trades and Off-Exchange Trades. carry on their respective authorized or National Grid Transco will determine permitted businesses. Any Guarantee IV. Interest Rate and Currency Risk Management Devices the optimal structure of each transaction that is outstanding at the end of the at the time of execution. Off-Exchange Authorization Period shall remain in National Grid Transco proposes to Trades would be entered into only with enter into, perform, purchase and sell force until it expires or terminates in Intermediate Companies or with financial instruments intended to accordance with its terms. counterparties whose senior debt ratings National Grid Transco states that any manage the volatility of currencies and are investment grade as determined by Guarantee provided to a Financing interest rates, including but not limited Standard & Poor’s, Moody’s Investors Subsidiary will comply with the to currency and interest rate swaps, Service, Inc. or Fitch IBCA, Inc. Financing Parameters and will count caps, floors, collars and forward (‘‘Approved Counterparties’’). against the NGT External Limit. To agreements or any other similar The Utility Subsidiaries also propose avoid double counting, Applicants agreements (‘‘Hedging Instruments’’). to enter into Hedging Instruments with National Grid Transco would employ propose that the amount of any third-party Approved Counterparties, Hedging Instruments as a means of Guarantee with respect to securities but not other National Grid Transco prudently managing the risk associated issued by a Financing Subsidiary will System companies, on the same terms with any of its outstanding or not also be counted against the generally applicable to National Grid proposed limit on Guarantees. anticipated debt by, for example, Transco.9 The Utility Subsidiaries Applicants state that Guarantees may synthetically (a) converting variable rate expect to use this authority principally be provided to support obligations of debt to fixed rate debt, (b) converting to hedge external debt. Subsidiaries that are not readily fixed rate debt to variable rate debt, (c) The Intermediate Companies also susceptible of exact quantification or limiting the impact of changes in request authorization to enter into that may be subject to varying interest rates resulting from variable rate currency derivatives with National Grid quantification. In these cases, National debt, and (d) providing an option to Transco and other Intermediate Grid Transco will determine the enter into interest rate swap transactions Companies for the purpose of managing exposure under that Guarantee for in future periods for planned issuances their exposure to various currencies that purposes of measuring compliance with of debt securities. may be used to finance their business. National Grid Transco proposes to the proposed limitation on Guarantees National Grid Transco maintains a enter into Hedging Instruments with by appropriate means, including central treasury department whose estimation of exposure based on loss respect to anticipated debt offerings experience or projected potential (‘‘Anticipatory Hedges’’), to fix and/or 9 Applicants state that the terms applicable to payment amounts. If appropriate, limit the interest rate or currency Hedging Instruments entered into by the Utility estimates will be made in accordance exchange rate risk associated with any Subsidiaries differ from those applicable to with GAAP and this estimation will be new issuance. In addition to the use of National Grid Transco in that the Utility Subsidiaries will qualify Hedging Instruments reevaluated periodically. Hedging Instruments, Anticipatory entered into by the Utility Subsidiaries for hedge National Grid Transco requests Hedges may include: (a) A forward sale accounting treatment under U.S. GAAP. In authorization to charge each Subsidiary of exchange-traded government addition, to the extent a Utility Subsidiary incurs a fee for each Guarantee that is not securities futures contracts, government a gain or loss on a Hedging Instrument that it has entered into to hedge a currency or interest rate risk greater than the cost, if any, of obtaining securities and/or a forward swap (each associated with a security that the Utility the liquidity necessary to perform the a ‘‘Forward Sale’’), (b) the purchase of Subsidiary has issued, the gain or loss would be Guarantee (for example, bank line put options on government securities attributed to the Utility Subsidiary.

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activities are governed by policies and Applicants request that the Utility of stock to National Grid Transco or guidelines approved by the Board of Subsidiaries continue to be authorized other immediate parent company during Directors, with regular reviews and to pay dividends out of capital or the Authorization Period under rule 52 monitoring by a standing committee of unearned surplus in an amount up to: and/or under an order issued by the the Board. The treasury department (a) The amount of any retained earnings Commission cannot be ascertained at operates as a service center rather than of the subsidiary prior to the mergers this time. The proposed sale of capital as a profit center and is subject to authorized in the January 2002 Order securities (i.e., common stock or internal and external audit. Treasury (with respect to Niagara Mohawk) and preferred stock) may in some cases activities are managed in a non- the March 2000 Order (with respect to exceed the then authorized capital stock speculative manner and all transactions all other Utility Subsidiaries), and (b) of the Subsidiary. In addition, the in Hedging Instruments would be the amount of any goodwill impairment Subsidiary may choose to use capital matched to an underlying business charge. Consequently, ‘‘Income stock with no par value. purpose. Consequently, Applicants Available for Dividends’’ would be Applicants request authorization to state, National Grid Transco, the calculated by starting with the amount change the terms of any 50% or more Intermediate Companies and the Utility of pre-merger retained earnings that had owned Subsidiary’s authorized capital Subsidiaries would not enter into not already been paid in previous stock capitalization or other equity transactions in Hedging Instruments for periods, adding any post-merger interests by an amount deemed speculative purposes or to finance retained earnings, and adding any appropriate by National Grid Transco or businesses that are not permitted, current period income grossed up for other intermediate parent company, authorized or exempt under the Act. non-cash charges to income resulting provided that the consents of all other National Grid Transco will qualify from a determination that goodwill has shareholders have been obtained for the transactions in Hedging Instruments for been impaired. proposed change. This request for hedge-accounting treatment under In addition, the January 2002 Order authorization is limited to National Grid GAAP in the U.S. or the UK. In the further authorized Niagara Mohawk to Transco’s 50% or more owned event transactions in Hedging calculate ‘‘Income Available for Subsidiaries and will not affect the Instruments are qualified for hedge Dividends,’’ by excluding non-cash aggregate limits or other conditions accounting treatment under UK GAAP, charges to income resulting from contained herein. A Subsidiary would but not under U.S. GAAP, National Grid accounting changes or charges to be able to change the par value, or Transco’s financial statements filed with income resulting from significant change between par value and no-par the Commission will contain a unanticipated events. stock, or change the form of equity from reconciliation of the difference between Applicants now request that the common stock to limited partnership or Commission continue to authorize this the two methods of accounting limited liability company interests or variation in the calculation of Income treatment as is required by Form 20–F. similar instruments, or from Available for Dividends for Niagara Applicants affirm that no gain or loss on instruments to common stock, without Mohawk alone, consistent with the a Hedging Instrument entered into by additional Commission approval. January 2002 Order. Applicants state National Grid Transco or the Additional terms that may be changed that the Utility Subsidiaries would not Intermediate Companies, or associated include dividend rates, conversion rates pay dividends out of capital or tax effects, will be allocated to National and dates, and expiration dates. Any unearned surplus if the effect of the action of this kind by a Utility Grid USA or NiMo Holdings or their dividend would be to reduce Subsidiary would be subject to and subsidiaries, regardless of the capitalization to less than 30% equity as would only be taken upon the receipt of accounting treatment accorded to the a percentage of total capitalization or to any necessary approvals by the state transaction and that National Grid USA, reduce a rated Utility Subsidiary to commission in the state or states where and its subsidiaries would not be below investment grade. the Utility Subsidiary is incorporated adversely affected by these transactions. Applicants also seek authorization for and doing business. National Grid V. Payment of Dividends Out of Capital the Nonutility Subsidiaries to pay Transco will be subject to all applicable or Unearned Surplus dividends from time to time through the laws regarding the fiduciary duty of Authorization Period, out of capital and fairness of a majority shareholder to By order dated March 15, 2000 (HCAR unearned surplus, to the extent minority shareholders in any 50% or No. 27154) (‘‘March 2000 Order’’) and permitted under applicable corporate more owned Subsidiary and will also in the January 2002 Order, the law and the terms of any credit undertake to ensure that any change Commission authorized, subject to agreements and indentures that restrict implemented under this paragraph certain conditions, the payment of the amount and timing of distributions comports with such legal requirements. dividends out of capital and unearned to shareholders. In addition, Applicants VII. Financing Entities surplus of National Grid USA and its state that none of the Nonutility Utility and Nonutility Subsidiaries. As Subsidiaries will declare or pay any National Grid Transco currently owns to the Utility Subsidiaries, dividends dividend out of capital or unearned the stock of NGG Finance plc which were permitted to be paid out of capital surplus unless it: (a) Has received assists in the financing of National Grid and unearned surplus in an amount excess cash as a result of the sale of Transco and its Subsidiaries. Applicants equal to the retained earnings of each some or all of its assets, (b) has engaged request authorization to organize and subsidiary prior to the mergers of in a restructuring or reorganization, acquire the securities of Financing National Grid Transco’s predecessors and/or (c) is returning capital to an Subsidiaries in the form of one or more with New England Electric System and associate company. additional corporations, trusts, NiMo Holdings. In addition, the March partnerships or other entities, to finance 2000 Order and January 2002 Order VI. Changes in Capitalization of the business of the respective founding stated that the amortization or write Majority-Owned Subsidiaries company or its subsidiaries. A down of goodwill could be ignored in Applicants state that the portion of an Financing Subsidiary would be used to calculating earnings available for the individual Subsidiary’s aggregate finance the authorized or permitted payment of dividends after the mergers. financing to be effected through the sale businesses of its direct or indirect

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parent company (‘‘Founding Parent’’), and terms entered into by other Applicants state that Administrative including the businesses of the National companies so that a successor service Activities include ongoing personnel, Grid USA Group, but in no event would provider could assume the duties of the accounting, engineering, legal, financial, a Financing Subsidiary engage in parent or Subsidiary in the event of the and other support activities necessary to prohibited upstream loans involving bankruptcy of the parent or Subsidiary manage National Grid Transco’s companies in the National Grid USA without interruption or an increase of investments in Nonutility Subsidiaries. Group. Financing Subsidiaries may fees. Applicants seek approval under Applicants state that Development issue any securities that the Founding section 13(b) of the Act and rules 87 and Activities will be limited to due Parent would be authorized to issue 90 to provide the services described in diligence and design review; market under the terms of this Application as this paragraph at a charge not to exceed studies; preliminary engineering; site authorized by the Commission, or a market price but only for so long as inspection; preparation of bid proposals, Commission rule, regulation or order such Expense Agreement established by including, in connection therewith, under the Act. Applicants also request the Financing Subsidiary is in place. posting of bid bonds; application for authorization to issue securities to a required permits and/or regulatory VIII. FUCO Financing Limits Financing Subsidiary to evidence the approvals; acquisition of site options transfer of financing proceeds by a Applicants propose that National Grid and options on other necessary rights; Financing Subsidiary to a company Transco use the proceeds of the negotiation and execution of contractual receiving financing. Applicants state financings proposed in this Application, commitments with owners of existing that the terms of the securities issued to in part, for investments in FUCOs.10 In facilities, equipment vendors, a Financing Subsidiary would typically the October 2002 Order, National Grid construction firms, and other project be designed to service the obligations of Transco was authorized to issue contractors; negotiation of financing the Financing Subsidiary under the securities to finance additional FUCO commitments with lenders and other securities that it has issued. investments and operations up to a total third-party investors; and other As noted above, a Financing aggregate investment of $20 billion. preliminary activities as may be Subsidiary would raise funds and Applicants state that they have current required in connection with the finance the businesses of its Founding investments in FUCOs of approximately purchase, acquisition, financing or Parent company, or the subsidiaries $14.9 billion. National Grid Transco construction of facilities or the thereof, as authorized and permitted now seeks to use the authorization acquisition of securities of or interests under the Act. A Financing Subsidiary requested in this Application to issue in new businesses. would finance these companies on up to $20 billion of securities during the An Intermediate Subsidiary may be terms and conditions applicable to Authorization Period for the purpose of organized, among other things, (a) in financings conducted by its parent as set financing additional FUCO investments order to facilitate the making of bids or forth in this Application or permitted by beyond its current $14.9 investment. proposals to develop or acquire an rule, regulation, or order of the Applicants do not seek authorization to interest in any FUCO, Rule 58 Commission. Applicants state, for invest in exempt wholesale generators, Subsidiary, ETC or other nonutility example, NGG Finance plc may finance as that term is defined in section 33 of subsidiary, (b) after the award of a bid an Intermediate Company at market the Act. proposal, in order to facilitate closing on rates, but a financing of National Grid IX. Intermediate Subsidiaries and the purchase or financing of such USA or its subsidiaries must be in Nonutility Subsidiary Reorganizations acquired company, (c) at any time accordance with the Best Rate Method. subsequent to the consummation of an Securities issued by Financing National Grid Transco proposes to acquisition of an interest in any such Subsidiaries to third parties would acquire, directly or indirectly, the company in order, among other things, count against issuance limits set forth in securities of one or more entities to effect an adjustment in the respective this Application that are applicable to (‘‘Intermediate Subsidiaries’’), which ownership interests in such business the Founding Parent of the Financing would be organized exclusively for the held by National Grid Transco and non- Subsidiary. To avoid double counting, purpose of acquiring, holding and/or affiliated investors, (d) to facilitate the securities or Guarantees issued by the financing the acquisition of the sale of ownership interests in one or Founding Parent to the Financing securities of or other interest in one or more acquired Nonutility Subsidiaries, Subsidiary would not count against the more FUCOs, Rule 58 Subsidiaries, (e) to comply with applicable laws of Founding Parent’s respective issuance exempt telecommunications companies foreign jurisdictions limiting or limits. as that term is defined in section 34 of otherwise relating to the ownership of National Grid Transco and its the Act (‘‘ETCs’’) or other non-exempt domestic companies by foreign Subsidiaries also request authorization Nonutility Subsidiaries (as authorized nationals, (f) as a part of tax planning in to enter into support or expense in this proceeding or in a separate order to limit National Grid Transco’s agreements (‘‘Expense Agreement’’) proceeding), provided that Intermediate exposure to taxes, (g) to further insulate with Financing Subsidiaries to pay the Subsidiaries may also engage in National Grid Transco and the Utility expenses of any such entity. In cases administrative activities Subsidiaries from operational or other where it is necessary or desirable to (‘‘Administrative Activities’’) and business risks that may be associated ensure legal separation for purposes of development activities (‘‘Development with investments in Nonutility isolating the Financing Subsidiary from Activities’’), as those terms are defined Subsidiaries, or (h) for other lawful its parent or another Subsidiary for below, relating to those subsidiaries. business purposes. bankruptcy purposes, the ratings Applicants propose that investments agencies may require that any Expense 10 Applicants propose that a reorganization of in Intermediate Subsidiaries may take existing FUCO investments that results in an Agreement whereby the parent or increased FUCO investment for accounting the form of any combination of the Subsidiary provides financing related purposes as a result of the recognition of the market following: (a) Purchases of capital services to the Financing Subsidiary be value of transferred FUCO interests would not be shares, partnership interests, member at a price, not to exceed a market price, counted as an increased FUCO investment if interests in limited liability companies, National Grid Transco did not actually make a cash consistent with similar services for investment in, or increase its guarantee exposure to, trust certificates or other forms of equity parties with comparable credit quality a FUCO subsidiary. interests, (b) capital contributions, (c)

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open account advances with or without would be carried out in compliance is publishing this notice to solicit interest, (d) loans, and (e) Guarantees with all applicable U.S. or foreign laws comments on the proposed rule change, issued, provided or arranged in respect and accounting requirements. In as amended, from interested persons. of the securities or other obligations of addition, in the event that proxy I. Self-Regulatory Organization’s solicitations are necessary with respect any Intermediate Subsidiaries. Funds Statement of the Terms of Substance of for any direct or indirect investment in to any corporate reorganization, the Proposed Rule Change any Intermediate Subsidiary will be Applicants state that they will seek derived from: (a) Financings authorized Commission approvals as necessary The Exchange proposes to add in this proceeding, (b) any appropriate under section 6(a)(2) and 12(e) of the Commentary .04 to Amex Rule 933 for future debt or equity securities issuance Act through the filing of a declaration. the purpose of enhancing the Auto- authorization obtained by National Grid National Grid Transco requests Match feature of the Amex Order Transco from the Commission, and (c) authorization to make expenditures on Display Book (‘‘AODB’’) and to amend other available cash resources, Development Activities, as defined Amex Rule 590 to include the failure to including proceeds of securities sales by above, in an aggregate amount of up to sign on and use Auto-Match in the Nonutility Subsidiaries under rule 52. $600 million. National Grid Transco Minor Rule Violation Fine System. Applicants state that, to the extent that proposes a ‘‘revolving fund’’ for Proposed new text is italicized, and National Grid Transco provides funds or permitted expenditures on Development proposed deletions are [bracketed]. Guarantees directly or indirectly to an Activities. Thus, Applicants propose, to * * * * * Intermediate Subsidiary that are used the extent a Nonutility Subsidiary in Rule 590. Minor Rule Violation Fine for the purpose of making an investment respect of which expenditures for Systems in any FUCO or a Rule 58 Subsidiary, Development Activities were made the amount of the funds or Guarantees subsequently becomes a FUCO or Part 1 General Rule Violations will be included in National Grid qualifies as an ‘‘energy-related (a)–(f) No Change. Transco’s ‘‘aggregate investment’’ in company’’ under Rule 58, the amount so (g) The Enforcement Department may those entities, as calculated in expended will cease to be considered an impose fines according to the following accordance with rule 53 or rule 58, as expenditure for Development Activities, schedule for the rule violations listed applicable. but will instead be considered as part of below: • National Grid Transco requests the ‘‘aggregate investment’’ in such Failure to sign on and use the Auto- authorization to consolidate or entity under rule 53 or 58, as applicable. Match feature of the Amex Options otherwise reorganize all or any part of For the Commission by the Division of Display Book its direct and indirect ownership Investment Management, pursuant to * * * * * delegated authority. interests in Nonutility Subsidiaries, and Rule 933. Automatic Execution of the activities and functions related to Margaret H. McFarland, Options Orders such investments. To effect any such Deputy Secretary. consolidation or other reorganization, (a) No Change. [FR Doc. E4–2068 Filed 9–2–04; 8:45 am] (b) Broker-dealer orders entered National Grid Transco may wish to BILLING CODE 8010–01–P through the Exchange’s order routing either contribute the equity securities of system will not be automatically one Nonutility Subsidiary to another executed against orders in the limit Nonutility Subsidiary (including a SECURITIES AND EXCHANGE order book unless permitted on a class- newly formed Intermediate Subsidiary) COMMISSION by-class basis by the appropriate or sell (or cause a Nonutility Subsidiary [Release No. 34–50283; File No. SR–Amex– Options Floor Procedure Committee. to sell) the equity securities or all or part 2003–82] Broker-dealer orders may interact with of the assets of one Nonutility orders in the limit order book only after Subsidiary to another one. National Grid Self-Regulatory Organizations; being re-routed to the Amex Options Transco requests authorization to American Stock Exchange LLC; Notice Display Book (AODB) for execution consolidate or otherwise reorganize, of Filing of Proposed Rule Change and unless permitted to be automatically under one or more direct or indirect Amendment No. 1 Relating to Auto- executed on a class-by-class basis by the Intermediate Subsidiaries, National Grid Match appropriate Options Floor Procedure Transco’s ownership interests in Committee. existing and future Nonutility August 27, 2004 (c) through (h) No Change. Subsidiaries. Applicants state that these Pursuant to section 19(b)(1) of the transactions may take the form of a Securities Exchange Act of 1934 Commentaries (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Nonutility Subsidiary selling, .01 through .03 No Change. contributing, or transferring the equity notice is hereby given that on September 9, 2003, the American Stock securities of a subsidiary or all or part (‘‘Division’’), Commission, dated August 13, 2004 of a subsidiary’s assets as a dividend to Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’) (‘‘Amendment No. 1’’). In Amendment No. 1, the an Intermediate Subsidiary or to another filed with the Securities and Exchange Exchange modified proposed Commentary .04 to Nonutility Subsidiary, and the Commission (‘‘Commission’’) the Amex Rule 933 by providing that orders of a broker- proposed rule change as described in dealer that submitted a customer order for acquisition, directly or indirectly, of the placement on the limit order book, orders from equity securities or assets of a items I, II and III below, which items affiliates of a broker-dealer, or orders solicited by subsidiary, either by purchase or by have been prepared by the Amex. On a broker-dealer from member or non-member receipt of a dividend. The purchasing August 16, 2004, the Amex amended the broker-dealers may not execute against the proposed rule change.3 The Commission customer limit order on the limit order book, unless Nonutility Subsidiary in any transaction the customer limit order is exposed on the book for structured as an intrasystem sale of at least 30 seconds. The Exchange also represented 1 equity securities or assets may execute 15 U.S.C. 78s(b)(1). that, similar to the Exchange’s automatic execution 2 17 CFR 240.19b–4. system (‘‘Auto-Ex’’), orders executed through Auto- and deliver its promissory note 3 See letter from Jeffrey P. Burns, Associate Match will be at the current national best bid or evidencing all or a portion of the General Counsel, Amex, to Nancy Sanow, Assistant offer (‘‘NBBO’’) so that such orders do not trade consideration given. Each transaction Director, Division of Market Regulation through the NBBO.

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.04. Auto-Ex eligible orders that by- II. Self-Regulatory Organization’s expanded to provide faster, more pass Auto-Ex pursuant to Rule Statement of the Purpose of, and efficient execution of market and 933(f)(i)(F) will be automatically Statutory Basis for, the Proposed Rule marketable limit orders as well as more matched and executed with orders in Change efficient handling of limit orders on the the limit order book representing the In its filing with the Commission, the specialist’s book. As a result, the best bid or offer (‘‘Auto-Match’’). Amex included statements concerning Exchange proposes to add Commentary Specialists are required to use the Auto- the purpose of and basis for the .04 to Amex Rule 933 in order to Match feature for all option classes in proposed rule change and discussed any significantly enhance the current Auto- which such specialist is registered. The comments it received on the proposed Match feature as follows. First, Auto-Match would be expanded failure to sign on to Auto-Match is a rule rule change. The text of these statements to all option classes traded on the violation subject to the Minor Rule may be examined at the places specified Exchange. Second, specialist Violation Plan set forth in Rule 590(g). in item IV below. Amex has prepared participation in Auto-Match would be The Auto-Match feature operates in the summaries, set forth in sections A, B, mandatory. Third, Auto-Match would following manner: and C below, of the most significant • If the size of the by-passed Auto-Ex be enhanced to provide the ability to aspects of such statements. eligible order is less than the size of the automatically match and partially customer limit order representing the A. Self-Regulatory Organization’s execute an incoming Auto-Ex eligible best bid or offer in the limit order book Statement of the Purpose of, and order when the disseminated limit order (the ‘‘Auto-Match Order’’), the entire Statutory Basis for, the Proposed Rule is for less contracts than the incoming Auto-Ex eligible order will be executed Change Auto-Ex eligible order. In such a against the Auto-Match Order. situation, the remaining contracts of the • If the size of the by-passed Auto-Ex 1. Purpose incoming Auto-Ex eligible order would eligible order is greater than the size of In April 2000, the Exchange enhanced be routed to the specialist AODB ACK the Auto-Match Order, the Auto-Ex the AODB to provide for automatic Box 7 for manual handling. Fourth, eligible order will be executed against matching and execution of limit orders Auto-Match would be disengaged if the the Auto-Match Order for the number of on the specialist’s book representing the Exchange’s Auto-Ex system is contracts of the Auto-Match Order. The displayed best bid or offer in select disengaged or operated in a manner remaining contracts of the Auto-Ex option classes (‘‘Auto-Match’’). The other than the normal manner, due to eligible order would then be routed to Auto-Match functionality provides that market data delays, unusual markets, or the specialist for manual handling or limit orders residing on the AODB are system malfunctions pursuant to Amex subject to Quick Trade, if applicable. automatically matched and executed Rule 933(f)(i)(A)–(D). Finally, in classes • Auto-Match will not be engaged if with market or marketable limit orders of options where broker-dealer orders Auto-Ex is disengaged due to market that have by-passed the Exchange’s are permitted to be automatically delays, unusual markets or system Auto-Ex at the limit order’s displayed executed against orders in the limit malfunctions pursuant to Rule best bid or offer.4 order book pursuant to proposed Amex 933(f)(i)(A)–(D). As originally proposed, Auto-Match Rule 933(b), the Exchange proposes that • In classes of options where broker- was to be used in selected less-active neither proprietary orders of an order dealer orders are permitted to be option classes.5 At that time, the entry firm that submitted a customer automatically executed against orders Exchange indicated that after it had order for placement in the limit order in the limit order book pursuant to Rule gained experience with Auto-Match, the book, orders from any affiliated firm 933(b) above, neither proprietary orders program would be reviewed in with such order entry firm, or orders of an order entry firm that submitted a consultation with the membership to solicited by the order entry firm from customer order for placement in the determine whether Auto-Match should members or non-member broker-dealers limit order book, orders from any be expanded to additional option could execute against the customer affiliated firm with such order entry classes.6 The Exchange represents that order on the book, unless the customer firm, or orders solicited by the order Auto-Match has never been used or order on the book is exposed for at least entry firm from members or non- expanded as originally intended. The thirty (30) seconds.8 Furthermore, the member broker-dealers, may execute Exchange believes that the proposed Exchanges proposes that it would be a against the customer order on the book enhancements to Auto-Match and the violation for any member or member unless the customer order on the book evolving nature of the options market organization to be party to any is exposed for at least thirty (30) supports an expansion of the feature as arrangement designed to circumvent seconds. It shall be a violation of this detailed below. this rule by providing an opportunity Rule for any member or member The Exchange submits that an for a customer, member, or non-member organization to be party to any expansion of Auto-Match is necessary broker-dealer to execute immediately arrangement designed to circumvent given the current competitive against an agency order delivered to the this Rule by providing an opportunity environment, and therefore, believes the Exchange, whether such orders are for a customer, member or non-member limited nature of Auto-Match should be delivered electronically or represented broker-dealer to execute immediately in the trading crowd by a member or against an agency order delivered to the 4 Auto-Ex is by-passed pursuant to Amex Rule member organization.9 The Exchange Exchange, whether such orders are 933(f)(i)(F) in the following situations: (1) believes that these changes to Auto- delivered electronically or represented Whenever the bid or offer in a specific option series Match would benefit market in the trading crowd by a member or represents a limit order on the specialist’s book; (2) whenever a crossed or locked market causes an member organization. inversion in the quote; and (3) whenever a better 7 The ‘‘Acknowledgement Box’’ or ‘‘ACK Box’’ is .05 For purposes of the Rule, the bid or offer is being disseminated by another a feature of the AODB that displays incoming term ‘‘order entry firm’’ means a options exchange and the order is not eligible for market executable limit orders as well as any other member organization of the Exchange automatic price matching as set forth in orders directed by filter settings. Orders in the ACK that is able to route orders through the Commentary .01(b). BOX are displayed in the trading crowd by means 5 See Securities Exchange Act Release No. 42652 of overhead screens. Exchange’s order routing system. (April 7, 2000), 65 FR 20235 (April 14, 2000). 8 See Amendment No. 1, supra note 3. * * * * * 6 Id. 9 Id.

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participants by providing greater provide that if the size of an incoming classes of options where broker-dealer certainty and efficiency in the handling order is greater than the Auto-Match orders would be permitted to be of options orders. Order, Auto-Match would automatically automatically executed against orders in As previously stated, the AODB is the match and execute the limit orders the limit order book pursuant to Amex specialist’s electronic book which residing on the AODB with the Rule 933(b), the Exchange’s proposal provides for the handling of options incoming order. Any remaining would prohibit proprietary orders of an orders and the executing and reporting contracts would be allocated via Quick order entry firm that submitted a of options transactions. Limit orders Trade, if applicable, to the ROTs and customer order for placement in the that better the current displayed bid or specialist,12 or routed to the specialist limit order book, orders from any offer become the Amex’s displayed best for manual handling. affiliated firm with such order entry bid or offer, and it is at these prices that Since the introduction of Auto-Match firm, or orders solicited by the order market orders to buy or sell are in April 2000, there have been no option entry firm from members or non- executed. However, when the displayed classes that have employed the Auto- member broker-dealers from executing best bid or offer is represented by a limit Match system. Specialists have chosen against the customer order on the book, order, market and marketable limit not to use Auto-Match based on the unless the customer order on the book orders sent through the Amex Order File belief that the inability to provide is exposed for at least thirty (30) (‘‘AOF’’) to Auto-Ex for execution at the partial executions renders the system seconds.14 displayed bid or offer will by-pass Auto- unattractive. For example, if an inbound The Exchange believes that the Ex and be sent directly to the AODB for order exceeds the size of the Auto- proposed revision to Auto-Match would handling and execution by the specialist Match Order, the current system will provide for faster, more efficient with the limit order as contra-party to send the entire order to the specialist for executions of market and marketable the trade.10 The Auto-Ex system is by- manual handling. Because an eligible limit orders, as well as more efficient passed in these situations in order to Auto-Ex order size can be as large as 500 handling of limit orders on the prevent the specialist and any registered contracts (1,000 contracts for the QQQ specialist’s book. More importantly, it options traders (‘‘ROTs’’) signed on as option), Auto-Match, in many cases, would also assure that the limit order on contra-parties to transactions executed will not operate because the Auto-Match the specialist’s book would retain its on Auto-Ex from trading ahead of Order will be less than the incoming priority over the specialist and ROTs. customer limit orders on the specialist’s order. Thus, the proposed rule change would book, in violation of Amex Rules 950(c) Therefore, the Exchange’s proposal benefit customers using the Auto-Ex and (d). would modify Auto-Match to provide a system, as well as those customers The Auto-Match feature currently partial execution, so that if the inbound whose orders are on the specialist’s operates as follows. If the customer limit order is greater than the Auto-Match book. order representing the best bid or offer Order, Auto-Match would execute the 2. Statutory Basis displayed in the AODB (the ‘‘Auto Auto-Match Order and route the Match Order’’) is a greater size than the remaining contracts to the specialist The Exchange believes that its inbound order, the entire incoming AODB ACK Box for manual handling. proposed rule change, as amended, is order is executed against the Auto- As noted above, the Quick Trade consistent with section 6(b) of the Act,15 Match Order. The remaining contracts function of AODB, if applicable, would in general, and furthers the objectives of on the book continue to reside on the automatically allocate the remaining section 6(b)(5) of the Act,16 in AODB until canceled, replaced by a contracts to the ROTs and specialist particular, because it is designed to more competitive bid or offer, or based upon a pre-set allocation ratio. prevent fraudulent and manipulative completely executed. If the inbound The Exchange represents that its staff acts and practices, to promote just and order is greater than the Auto-Match would conduct periodic reviews to equitable principles of trade, to foster Order represented on the AODB, the ensure that specialists are employing cooperation and coordination with entire order is routed to the specialist Auto-Match. In connection with these persons engaged in facilitating for manual handling and by-passes reviews, any failure to sign on and use transactions in securities, and to remove Auto-Match. For example, if the best bid Auto-Match would be a violation of impediments to and perfect the is represented by a limit order to buy 10 Amex Rule 590 and handled by the mechanism of a free and open market contracts in an option class whose Auto- Exchange’s Enforcement Department as and a national market system. Ex eligible size is 20 contracts, a market part of the Minor Rule Violation Fine B. Self-Regulatory Organization’s order of 20 contracts to sell will be System. Finally, the Exchange proposes Statement on Burden on Competition routed to the AODB with the entire to permit certain broker-dealer Auto-Ex order of 20 contracts executed by the orders to execute against orders in the The Exchange believes that the specialist without the use of the Auto- limit order book via Auto-Match.13 In proposed rule change, as amended, will Match feature.11 The new proposal will impose no burden on competition. 45180 (December 20, 2001) 66 FR 67585 (December C. Self-Regulatory Organization’s 10 As discussed above, this process of routing the 31, 2001). Auto-Ex order to the limit order book and executing 12 For example, assume that the best bid is Statement on Comments on the it against a customer limit order in the book is represented by a limit order to buy 20 contracts in Proposed Rule Change Received from automated via Auto-Match. Telephone conversation an option class in which the Auto-Ex eligible size Members, Participants or Others between Jeffrey P. Burns, Associate General is 50 contracts. A market order of 50 contracts to Counsel, Amex and Kelly Riley, Assistant Director, sell would by-pass Auto-Ex and be routed to the No written comments were solicited Division, Commission (August 27, 2004). AODB. 20 contracts would be matched and or received with respect to the proposed 11 The Quick Trade feature of AODB, if executed with the limit order on the AODB, and the rule change, as amended. applicable, automatically allocates trades to ROTs remaining 30 contracts would be allocated through and the specialist. If there are remaining contracts Quick Trade to the specialist and ROTs according of an Auto-Ex eligible order after Auto-Match is to the allocation ratios set forth in the Amex Rule. automatically executed against orders in the limit completed, Quick Trade would distribute the See Commentary .07 to Rule 950(d). order book. remaining excess among the ROTs and specialist. 13 Amex proposes that the appropriate Options 14 See Amendment No. 1, supra note 3. See Securities Exchange Act Release No. 45974 Floor Procedure Committee would determine in 15 15 U.S.C. 78f(b). (May 22, 2002), 67 FR 37886 (May 30, 2002) and which classes broker-dealer orders can be 16 15 U.S.C. 78f(b)(5).

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III. Date of Effectiveness of the without change; the Commission does proposed rule change, as amended, from Proposed Rule Change and Timing for not edit personal identifying interested persons. Commission Action information from submissions. You I. Self-Regulatory Organization’s should submit only information that Within 35 days of the date of Statement of the Terms of Substance of you wish to make available publicly. All publication of this notice in the Federal the Proposed Rule Change Register or within such longer period (i) submissions should refer to File BSE seeks to amend its rules as the Commission may designate up to Number SR–Amex–2003–82 and should concerning its Specialist Performance 90 days of such date if it finds such be submitted on or before September 24, Evaluation Program (‘‘SPEP’’). Below is longer period to be appropriate and 2004. the text of the proposed rule change. publishes its reasons for so finding or For the Commission, by the Division of Proposed new language is italicized; (ii) as to which the Amex consents, the Market Regulation, pursuant to delegated 17 proposed deletions are in [brackets]. Commission will: authority. (A) By order approve the proposed Margaret H. McFarland, * * * * * rule change, or Deputy Secretary. Chapter XV (B) Institute proceedings to determine [FR Doc. E4–2067 Filed 9–2–04; 8:45 am] Specialists whether the proposed rule change BILLING CODE 8010–01–P should be disapproved. Specialist Performance Evaluation IV. Solicitation of Comments Program SECURITIES AND EXCHANGE SEC. 17 Interested persons are invited to COMMISSION submit written data, views, and (a) All Specialists shall be subject to arguments concerning the foregoing, [Release No. 34–50287; File No. SR–BSE– regular [performance] evaluation including whether the proposed rule 2004–25] [designed to identify areas of change, as amended, is consistent with performance needing improvement]. Self-Regulatory Organizations; Notice The Specialist Performance Evaluation the Act. Comments may be submitted by of Filing of Proposed Rule Change and any of the following methods: Program shall be administered by the Amendment Nos. 1, 2 and 3 Thereto by Exchange, subject to the supervision of Electronic Comments the Boston Stock Exchange, Inc. the Market Performance Committee. The Relating to Its Specialist Performance • Use the Commission’s Internet Market Performance Committee will Evaluation Program comment form (http://www.sec.gov/ determine, from time to time as it deems rules/sro.shtml); or August 27, 2004. necessary, which measures under Rule • Send an e-mail to rule- Pursuant to section 19(b)(1) of the 11Ac1–5 (‘‘Rule 5’’) of the Act shall be [email protected]. Please include File Securities Exchange Act of 1934 used to evaluate Exchange specialists, Number SR–Amex–2003–82 on the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 and the threshold levels of performance subject line. notice is hereby given that on June 21, against which specialist will be evaluated in each of the relevant Rule Paper Comments 2004, the Boston Stock Exchange, Inc. 5 measurements. Measurements and • (‘‘BSE’’ or ‘‘Exchange’’) filed with the Send paper comments in triplicate Securities and Exchange Commission threshold levels will be communicated to Jonathan G. Katz, Secretary, (‘‘Commission’’) the proposed rule to all members via Floor Memoranda on Securities and Exchange Commission, change as described in items I, II, and a periodic basis, at least thirty days in 450 Fifth Street, NW., Washington, DC III below, which items have been advance, at least each time a new Rule 20549–0609. prepared by the BSE. On July 26, 2004, 5 measurement is chosen, or a new All submissions should refer to File BSE submitted Amendment No. 1 to the threshold established. Specialists will be Number SR–Amex–2003–82. This file proposed rule change.3 On August 25, evaluated for competitive stock number should be included on the 2004, BSE submitted Amendment Nos. allocation purposes and any other subject line if e-mail is used. To help the 2 4 and 3 5 to the proposed rule change. purposes for which the Market Commission process and review your The Commission is publishing this Performance Committee deems it comments more efficiently, please use notice to solicit comments on the necessary and/or prudent to have only one method. The Commission will objective standards by which it can post all comments on the Commission’s 17 CFR 200.30–3(a)(12). evaluate all Exchange specialists Internet Web site (http://www.sec.gov/ 1 15 U.S.C. 78s(b)(1). equally. Any Specialist whose rules/sro.shtml). Copies of the 2 17 CFR 240.19b–4. performance is below acceptable levels submission, all subsequent 3 See letter from John Boese, Vice President, Chief established by the Market Performance amendments, all written statements Regulatory Officer, BSE, to Nancy Sanow, Assistant Director, Division of Market Regulation Committee shall be subject to specific with respect to the proposed rule (‘‘Division’’), Commission, dated July 22, 2004 and improvement actions as determined by change that are filed with the accompanying Form 19b–4 (‘‘Amendment No. 1’’). the Market Performance Committee as Commission, and all written Amendment No. 1 replaced and superceded the set forth in paragraphs 2156.10 through communications relating to the originally filed proposed rule change. 4 2156.80. proposed rule change between the See letter from John Boese, Vice President, Chief Regulatory Officer, BSE, to Nancy Sanow, Assistant (b) In the event that the performance Commission and any person, other than Director, Division, Commission, dated August 18, of a Specialist is below acceptable those that may be withheld from the 2004 (‘‘Amendment No. 2’’). Amendment No. 2 performance levels, notice of such fact public in accordance with the replaced and superceded BSE Rule Chapter XV, shall be given to the Specialist. Section 17, Paragraph (a) of the previously filed provisions of 5 U.S.C. 552, will be proposed rule change. (c) Set forth below are the conditions available for inspection and copying in 5 See letter from John Boese, Vice President, Chief warranting performance improvement the Commission’s Public Reference Regulatory Officer, BSE, to Nancy Sanow, Assistant action: Room. Copies of the filing also will be Director, Division, Commission, dated August 19, (i) Any Specialist who receives a available for inspection and copying at 2004 (‘‘Amendment No. 3’’). Amendment No. 3 deficient score in one objective measure replaced and superceded BSE Rule Chapter XV, the principal offices of the Amex. All Section 17, Paragraph (a) of the previously filed in any review period shall be deemed to comments received will be posted proposed rule change. have a deficient performance, and shall

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be required to attend an informal Supplementary Material .50 While reallocated stocks will not meeting with the [Performance .10 Stock Reallocation—Notice of be restored upon the improved Improvement Action]Market Particular Stock—Together with written performance of a Specialist, a Specialist Performance Committee to discuss notice of the specific grounds to be may, with the approval of the Market possible methods of improving his/her considered as the basis for withdrawal Performance Committee, have lifted one performance. If a[A]ny Specialist [who] of approval, the Market Performance or more of the actions previously receives a deficient score in any one Committee will give the member written imposed. objective measure for two out of three notice of the particular stock or stocks .60 The Market Performance consecutive review periods, [shall be to be considered for withdrawal of Committee, in determining which required to appear before] the Market approval and give a written explanation action(s) should be applied against a Performance Committee[, which] shall of the basis on which the stock or stocks deficient Specialist, will use the take such actions as it deems necessary were selected. following guidelines to determine the and appropriate to address the deficient .20 Stock Reallocation—Selection of order of actions, but in its discretion score, including imposing actions as Particular Stocks—In designating a may apply them in any order or may specified in the Supplemental Material. particular stock or stocks to be apply more than one in a given (ii) Those Specialists that fall below considered as the basis for withdrawal situation: the threshold level for the overall of approval, the Market Performance (i) Suspension of trading account performance evaluation program in any Committee shall consider indications of privilege. evaluation review period shall be weaknesses in specialist performance in (ii) Suspension of Alternate Specialist required to appear before the Market individual stocks to the extent such account privilege. (iii) Stock reallocation. Performance Committee, which shall indications are available. Such .70 In the event that a Specialist is take such actions it deems necessary indications of weak performance may ranked in the bottom ten percent but and appropriate to address the deficient include, among other factors, references does not fall below the threshold level performance. (See Supplemental to a particular stock by those responding for the overall evaluation program, Material for possible actions.) to initial or supplemental evaluation Exchange staff will review the [(iii) Exceptions. Where Specialists questionnaires, references in such performance of the Specialist to have threshold scores in each measure questionnaires to weaknesses in determine if there is sufficient reason to at the following levels (subject to change performance of a type which relate to a warrant informing the [Performance pursuant to Commission approval), they particular stock or groups of stocks, Improvement Action]Market will be deemed to have adequately and/or indications of weaknesses as Performance Committee of potential performed: demonstrated by the objective measures performance problems. Overall Evaluation Score—at or above in such stock or stocks. weighted score of 5.00 When the available measures of * * * * * Turnaround Time—below 21.0 seconds Specialist performance indicate weak II. Self-Regulatory Organization’s (5 points) (5%) performance generally, and not Statement of the Purpose of, and Holding Orders Without Action—below precisely in any particular stock or Statutory Basis for, the Proposed Rule 21.0% (5 points) (5%) stocks, the Market Performance Change Price Improvement in <8th Markets—at Committee may decide nonetheless to or above 2.0% (5 points) (20%) withdraw approval for a particular stock In its filing with the Commission, the Price Improvement in 8th Markets—at or stocks. In any case, the Market Exchange included statements or above 15.0% (5 points) (15%) Performance Committee will exercise its concerning the purpose of, and basis for, Price Improvement in >8th Markets—at best judgment to select a stock or stocks the proposed rule change and discussed or above 25.0% (5 points) (15%) as to which a reallocation by the Stock any comments it received on the Depth—at or above 75.0% (5 points) Allocation Committee is likely to result proposed rule change. The text of these (20%) in improved Specialist performance. statements may be examined at the Added Depth—at or above 1.0% (5 .30 Trading and/or Alternate places specified in item IV below. The points) (20%)] Specialist Account Suspension—A Exchange has prepared summaries, set (d) The Specialist shall be notified in Specialist that meets a condition for forth in sections A, B, and C below, of writing of the basis for such action and review subject to the Specialist the most significant aspects of such shall have an opportunity to submit a Performance Evaluation Program criteria statements. written reply no later than ten days after after one review period resulting in a A. Self-Regulatory Organization’s the receipt of such notice. deficient score for the overall evaluation Statement of the Purpose of, and (e) The Specialist shall also have an program or for two review periods with Statutory Basis for, the Proposed Rule opportunity to be heard upon the a deficient score in any one objective Change specific grounds to be considered before measure shall be put on notice that the Market Performance Committee and approval for his or her trading account 1. Purpose a written record of any such hearing or Alternate Specialist Account may be The rules governing the Exchange’s shall be maintained. Following any such suspended if the Specialist receives a SPEP program, set forth in Chapter XV, proceeding, the Market Performance deficient score in the subsequent review Dealer-Specialists, Section 17, Specialist Committee will inform the Specialist in period and may continue until the Performance Evaluation Program, of the writing of its decision and any actions Specialist’s scores meet the threshold BSE Rules, were approved in their to be imposed, and its reasons therefore. levels as set forth in Paragraph 2156(d). current form in 1998,6 primarily for use The decision of a majority of the .40 Other Action—The Market members of that Committee shall be Performance Committee, in addition to 6 See Securities Exchange Act Release No. 39730 final, subject to the power of the Board the foregoing actions, may take such (March 6, 1998), 63 FR 12847 (March 16, 1998) (File No. SR–BSE–97–09). Telephone conversation of Governors to review such decision in other action as it deems appropriate to between John Boese, Vice President, Chief accordance with the provisions of address deficient performance of a Regulatory Officer, BSE, and David Liu, Attorney, Article II, Section 6 of the Constitution. Specialist. Division, Commission, on August 2, 2004.

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in ranking BSE specialists for The Exchange believes that the Rule 5 and other actions to encourage performance measurement and stock measurements provide a much broader specialists to perform at least at a allocation purposes. The SPEP program view on which to base the performance threshold level. currently operates on a pilot basis, with of specialists. By utilizing existing Finally, the Exchange is also the current pilot approved through statistics required under Rule 5, the BSE proposing to replace the Performance September 30, 2004.7 The Exchange believes it would be expanding its Improvement Action Committee in the now believes that the SPEP program is current evaluation of specialists and rule text with the Market Performance outdated and redundant with several avoiding repetition and confusion. For Committee. The Performance measures required under Rule 11Ac1–5 instance, instead of the current Improvement Action Committee was a under the Act 8 (‘‘Rule 5’’).9 The BSE measurements, the Exchange could subcommittee of the Market proposes to eliminate the current evaluate specialist performance in such Performance Committee which has been measurement standards set forth in its Rule 5 measurements as those abolished, and its duties have been SPEP program and replace them with a addressing average effective spread, subsumed by the Market Performance ranking program based on statistics price improvement, liquidity Committee.10 reported under Rule 5. The statistics to enhancement, away shares and time of be utilized would vary from time to execution. 2. Statutory Basis time, as determined by the Exchange’s The proposed rule text would not set The Exchange believes that the Market Performance Committee. The forth specific Rule 5 measurements proposed rule change, as amended, is Market Performance Committee of the which will be utilized. Rather, the consistent with section 6(b) of the Act 11 Exchange has approved the proposal to Exchange seeks to have the Market in general, and furthers the objectives of replace the current SPEP measurements Performance Committee determine, section 6(b)(5) 12 in particular, in that it with existing Rule 5 measurements. from time to time as conditions warrant, is designed to promote just and The BSE states that the primary which Rule 5 statistics would be equitable principles of trade, to foster purpose for the replacement of the utilized as measurement criteria for cooperation and coordination with ranking specialists. The Market current SPEP measurements is the persons engaged in regulating securities Performance Committee’s duplicative nature between them and transactions, to remove impediments to determinations would be disseminated the measurements required under Rule and perfect the mechanism of a free and to all Exchange members via Floor 5. Both SPEP and Rule 5 require that the open market and a national market Memorandum at least thirty days prior BSE make available monthly reports of system and, in general, to protect to their application, as is currently the statistical information concerning investors and the public interest. Exchange specialists’ order executions. practice. The Exchange believes that this The Exchange believes that its B. Self-Regulatory Organization’s provides a means to evaluate the proposal would give the Market Statement on Burden on Competition Performance Committee the flexibility performance of specialists, which The Exchange does not believe that encourages visibility and competition, to respond to market conditions or future changes in the Exchange’s rules the proposed rule change will impose particularly on the factors of execution any burden on competition that is not price and speed. According to the BSE, which may obviate or change the reason for a particular SPEP measurement. For necessary or appropriate in furtherance the rankings have also been utilized by of the purposes of the Act. the Exchange’s Stock Allocation example, according to the BSE, one of Committee as a consideration in the primary reasons the BSE started the C. Self-Regulatory Organization’s competitive stock allocations. SPEP program was to provide its Stock Statement on Comments on the SPEP currently measures 7 different Allocation Committee with an Proposed Rule Change Received from categories against BSE floor averages, additional criteria during deliberations Members, Participants, or Others with threshold levels for each measure. of competitive stock allocations. No written comments were either Rule 5 has numerous categories, many However, with the expansion of the solicited or received. of which correspond to the Exchange’s Exchange’s Competing Specialist SPEP measurements currently utilized. Initiative, the instances of competitive III. Date of Effectiveness of the The categories currently measured in stock allocations have been greatly Proposed Rule Change and Timing for the SPEP program are: reduced. The Exchange believes that Commission Action future changes to the Exchange’s rules Price Improvement—.01–.05 Within 35 days of the date of Price Improvement—.06–.15 may likewise render a particular SPEP publication of this notice in the Federal Price Improvement—> .15 measurement moot in favor of another Depth Rule 5 measurement, or none at all. Register or within such longer period (i) Added Depth Therefore, the Exchange seeks to give its as the Commission may designate up to Turnaround Time Market Performance Committee the 90 days of such date if it finds such Holding Orders w/o Actions ability to determine which Rule 5 longer period to be appropriate and In comparison, Rule 5 has three main statistics should be used to rank publishes its reasons for so finding, or measurements (security, order type, and Exchange specialists, as necessitated by (ii) as to which the Exchange consents, order size) each subcategorized by 11 market conditions, rule changes or other the Commission will: smaller measurements. For market factors. (A) By order approve such proposed orders and marketable limit orders there The proposed rule change would rule change; or are an additional 9 sub-measurements. leave intact the disciplinary procedures set forth throughout the SPEP rules. 10 The Performance Improvement Action 7 See Securities Exchange Act Release No. 49525 Although the Exchange believes that Committee was abolished as of January 1, 2004. (April 2, 2004), 69 FR 18994 (April 9, 2004) (File economic forces will compel specialists Telephone conversation between John Boese, Vice No. SR–BSE–2004–12). to maximize their performance so as to President, Chief Regulatory Officer, BSE, and David 8 17 CFR 240.11Ac1–5. Liu, Attorney, Division, Commission, on August 11, 9 See Securities Exchange Act Release No. 43590 receive the benefits of directed order 2004. (November 17, 2000), 65 FR 75414 (December 31, flow, the BSE also believes that there is 11 15 U.S.C. 78f(b). 2000) (adopting Rule 5). some merit to providing for punitive 12 15 U.S.C. 78f(b)(5).

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(B) Institute proceedings to determine For the Commission, by the Division of information regarding the collection whether the proposed rule change Market Regulation, pursuant to delegated listed in this notice, including requests 13 should be disapproved. authority. for copies of the proposed information Margaret H. McFarland, collection and supporting documents, to IV. Solicitation of Comments Deputy Secretary. Amy Nelson, Refugee Processing Center, Interested persons are invited to [FR Doc. E4–2066 Filed 9–2–04; 8:45 am] 1401 Wilson Blvd, Arlington, VA 22209, submit written data, views, and BILLING CODE 8010–01–P who may be reached on 703–907–7200. arguments concerning the foregoing, SUPPLEMENTARY INFORMATION: We are including whether the proposed rule soliciting public comments to permit change is consistent with the Act. DEPARTMENT OF STATE the Department to: • Comments may be submitted by any of [Public Notice 4812] Evaluate whether the proposed the following methods: information collection is necessary for 60-Day Notice of Proposed Information the proper performance of our Electronic Comments Collection: Refugee Biographic Data, functions. • • OMB Control Number 1405–0102 Evaluate the accuracy of our Use the Commission’s Internet estimate of the burden of the proposed comment form (http://www.sec.gov/ ACTION: Notice of request for public collection, including the validity of the rules/sro.shtml); or comments. methodology and assumptions used. • Send an e-mail to rule- • Enhance the quality, utility, and [email protected]. Please include File SUMMARY: The Department of State is clarity of the information to be Number SR-BSE–2004–25 on the subject seeking Office of Management and collected. line. Budget (OMB) approval for the • Minimize the reporting burden on information collection described below. those who are to respond, including the Paper Comments The purpose of this notice is to allow 60 use of automated collection techniques days for public comment in the Federal • or other forms of technology. Send paper comments in triplicate Register preceding submission to OMB. to Jonathan G. Katz, Secretary, We are conducting this process in Abstract of proposed collection: The Securities and Exchange Commission, Refugee Biographic Data Sheet describes a accordance with the Paperwork refugee applicant’s personal characteristics 450 Fifth Street, NW., Washington, DC Reduction Act of 1995. • and is needed to match the refugee with a 20549–0609. Title of Information Collection: sponsoring voluntary agency to ensure initial All submissions should refer to File Refugee Biographic Data. reception and placement in the U.S. under Number SR–BSE–2004–25. This file • OMB Control Number: 1405–0102. the United States Refugee Program • number should be included on the Type of Request: Extension of a administered by the Bureau for Population, subject line if e-mail is used. To help the Currently Approved Collection. Refugees, and Migration. • Originating Office: Bureau of Methodology: Biographic information is Commission process and review your collected in a face-to-face interview of the comments more efficiently, please use Population, Refugees, and Migration, PRM/A. applicant overseas. An employee of an only one method. The Commission will • Overseas Processing Entity, under contract post all comments on the Commission’s Form Number: N/A. with PRM, collects the information and • Respondents: Refugee applicants for Internet Web site (http://www.sec.gov/ enters it into the Worldwide Refugee the U.S. Resettlement Program. rules/sro.shtml). Copies of the Admissions Processing System. • Estimated Number of Respondents: Dated: August 27, 2004. submission, all subsequent 70,000. amendments, all written statements • Estimated Number of Responses: Terry Rusch, with respect to the proposed rule 70,000. Director, Office of Admissions, Bureau of change that are filed with the • Average Hours Per Response: One- Population, Refugees and Migration, Commission, and all written half hour. Department of State. communications relating to the • Total Estimated Burden: 35,000 [FR Doc. 04–20148 Filed 9–2–04; 8:45 am] proposed rule change between the hours. BILLING CODE 4710–33–P Commission and any person, other than • Frequency: Once per respondent. those that may be withheld from the • Obligation to Respond: Required to public in accordance with the obtain a benefit. DEPARTMENT OF STATE provisions of 5 U.S.C. 552, will be DATES: The Department will accept [Public Notice 4814] available for inspection and copying in comments from the public up to 60 days the Commission’s Public Reference from September 3, 2004. Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Asian Section, 450 Fifth Street, NW., ADDRESSES: You may submit comments Games: The Art of Contest’’ Washington, DC 20549. Copies of such by either of the following methods: filing also will be available for • E-mail: [email protected]. You AGENCY: Department of State. inspection and copying at the principal must submit information collection title ACTION: Notice. office of the BSE. All comments and OMB control number in the subject received will be posted without change; line of your message. SUMMARY: Notice is hereby given of the the Commission does not edit personal • Mail (paper, disk, or CD–ROM following determinations: Pursuant to identifying information from submissions): Refugee Processing the authority vested in me by the Act of submissions. You should submit only Center, 1401 Wilson Blvd, Arlington, October 19, 1965 (79 Stat. 985; 22 U.S.C. information that you wish to make VA 22209. 2459), Executive Order 12047 of March available publicly. All submissions FOR FURTHER INFORMATION CONTACT: 27, 1978, the Foreign Affairs Reform and should refer to File Number SR–BSE– Direct requests for additional Restructuring Act of 1998 (112 Stat. 2004–25 and should be submitted on or 2681, et seq.; 22 U.S.C. 6501 note, et before September 24, 2004. 13 17 CFR 200.30–3(a)(12). seq.), Delegation of Authority No. 234 of

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October 1, 1999, Delegation of Authority Rubens (1577–1640): The Drawings,’’ 2005 to on or about May 2, 2005, and No. 236 of October 19, 1999, as imported from abroad for temporary at possible additional venues yet to be amended, and Delegation of Authority exhibition within the United States, are determined, is in the national interest. No. 257 of April 15, 2003 [68 FR 19875], of cultural significance. The objects are Public Notice of these Determinations is I hereby determine that the objects to be imported pursuant to loan agreements ordered to be published in the Federal included in the exhibition ‘‘Asian with the foreign owners. I also Register. Games: The Art of Contest,’’ imported determine that the exhibition or display from abroad for temporary exhibition of the exhibit objects at the Metropolitan FOR FURTHER INFORMATION CONTACT: For within the United States, are of cultural Museum Art, New York, NY, from on or further information, including a list of significance. The objects are imported about January 14, 2005, to on or about the exhibit objects, contact Wolodymyr pursuant to loan agreements with the April 3, 2005, and at possible additional R. Sulzynsky, the Office of the Legal foreign owners. I also determine that the venues yet to be determined, is in the Adviser, Department of State, exhibition or display of the exhibit national interest. Public Notice of these (telephone: (202) 619–5078). The objects at the Asia Society, New York, Determinations is ordered to be address is: Department of State, SA–44, NY, from on or about October 13, 2004, published in the Federal Register. and 301 4th Street, SW., Room 700, to on or about January 16, 2005; Arthur FOR FURTHER INFORMATION CONTACT: For Washington, DC 20547–0001. M. Sackler Gallery, Washington, DC, further information, including a list of Dated: August 27, 2004. from on or about February 26, 2005, to the exhibit objects, contact Julianne C. Miller Crouch, on or about May 15, 2005, and at Simpson, Attorney-Adviser, Office of Principal Deputy Assistant Secretary for possible additional venues yet to be the Legal Adviser, U.S. Department of Educational and Cultural Affairs, Department determined, is in the national interest. State, (telephone: 202/619–6529). The of State. Public Notice of these Determinations is address is U.S. Department of State, SA– [FR Doc. 04–20149 Filed 9–2–04; 8:45 am] ordered to be published in the Federal 44, 301 4th Street, SW., Room 700, Register. Washington, DC 20547–0001. BILLING CODE 4710–08–P FOR FURTHER INFORMATION CONTACT: For Dated: August 27, 2004. further information, including a list of C. Miller Crouch, DEPARTMENT OF STATE the exhibit objects, contact Julianne Principal Deputy Assistant Secretary for Simpson, Attorney-Adviser, Office of Educational and Cultural Affairs, Department [Public Notice 4780] the Legal Adviser, U.S. Department of of State. State, (telephone: 202/619–6529). The [FR Doc. 04–20151 Filed 9–2–04; 8:45 am] Notice of Receipt of Cultural Property address is U.S. Department of State, SA– BILLING CODE 4710–08–P Request from the Government of the 44, 301 4th Street, SW., Room 700, People’s Republic of China Washington, DC 20547–0001. Dated: August 27, 2004. DEPARTMENT OF STATE The Government of the People’s C. Miller Crouch, [Public Notice 4813] Republic of China, concerned that its Principal Deputy Assistant Secretary for cultural heritage is in jeopardy from Educational and Cultural Affairs, Department Culturally Significant Objects Imported pillage, made a request to the of State. for Exhibition Determinations: ‘‘Spain Government of the United States under [FR Doc. 04–20150 Filed 9–2–04; 8:45 am] in the Age of Exploration 1492–1819’’ Article 9 of the 1970 UNESCO BILLING CODE 4710–08–P Convention. The request was received SUMMARY: Notice is hereby given of the following determinations: Pursuant to on May 27, 2004, by the United States Department of State. It seeks U.S. import DEPARTMENT OF STATE the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. restrictions on Chinese archaeological [Public Notice 4815] 2459), Executive Order 12047 of March material from the Paleolithic to the Qing 27, 1978, the Foreign Affairs Reform and Dynasty including, but not limited to, Culturally Significant Objects Imported Restructuring Act of 1998 (112 Stat. certain categories of metal implements, for Exhibition 2681, et seq.; 22 U.S.C. 6501 note, et weapons, vessels, sculpture, and jewelry; pottery and porcelain vessels, Determinations: ‘‘Peter Paul Rubens seq.), Delegation of Authority No. 234 of sculpture, and architectural elements; (1577–1640): The Drawings’’ October 1, 1999, Delegation of Authority stone implements, weapons, vessels, AGENCY: Department of State. No. 236 of October 19, 1999, as sculpture, jewelry and architectural ACTION: Notice. amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], elements; painting and calligraphy; SUMMARY: Notice is hereby given of the I hereby determine that the objects to be textiles; lacquer; bone, ivory and horn following determinations: Pursuant to included in the exhibition ‘‘Spain in the wares; and wood and bamboo objects. the authority vested in me by the Act of Age of Exploration 1492–1819’’ Information about the Act and U.S. October 19, 1965 (79 Stat. 985; 22 U.S.C. imported from abroad for temporary implementation of the 1970 UNESCO 2459), Executive Order 12047 of March exhibition within the United States, are Convention can be found at http:// 27, 1978, the Foreign Affairs Reform and of cultural significance. The objects are exchanges.state.gov/culprop. A public Restructuring Act of 1998 (112 Stat. imported pursuant to loan agreements summary of the China Request will be 2681, et seq.; 22 U.S.C. 6501 note, et with the foreign owners. I also posted on the web site. seq.), Delegation of Authority No. 234 of determine that the exhibition or display Dated: August 26, 2004. October 1, 1999, Delegation of Authority of the exhibit objects at The Seattle Art No. 236 of October 19, 1999, as Museum, Seattle, Washington, from on C. Miller Crouch, amended, and Delegation of Authority or about October 16, 2004 to on or about Acting Assistant Secretary for Educational No. 257 of April 15, 2003 [68 FR 19875], January 2, 2005, and at the Norton and Cultural Affairs, Department of State. I hereby determine that the objects to be Museum of Art, West Palm Beach, [FR Doc. 04–20146 Filed 9–2–04; 8:45 am] included in the exhibition ‘‘Peter Paul Florida, from on or about February 2, BILLING CODE 4710–11–P

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DEPARTMENT OF STATE DEPARTMENT OF TRANSPORTATION Street, SW., Suite 5326, Washington, DC 20590. Office of the Secretary [Public Notice 4782] CATEGORIES OF INDIVIDUALS COVERED BY THE Privacy Act of 1974: System of SYSTEM: Shipping Coordinating Committee Records Vehicle owners, Vehicle operators, Complainants. The Shipping Coordinating AGENCY: National Highway Traffic Committee (SHC) will conduct an open Safety Administration (NHTSA). CATEGORIES OF RECORDS IN THE SYSTEM: meeting at 1 p.m. on Monday, ACTION: Notice to establish a system of Vehicle owner questionnaire forms September 20, 2004, in Room 6244 of records. (electronic and hard copy) and the Department of Transportation consumer correspondence. Information Headquarters, 400 Seventh Street, SW., SUMMARY: NHTSA proposes to amend a may contain names, addresses, Washington, DC 20590–0001. The system of records under the Privacy Act telephone numbers, vehicle primary purpose of the meeting is to of 1974. identification numbers, and vehicle prepare for the Ninth Session of the EFFECTIVE DATE: October 13, 2004. If no complaint information. comments are received, the proposal International Maritime Organization AUTHORITY FOR MAINTENANCE OF THE SYSTEM: will become effective on the above date. (IMO) Sub-Committee on Dangerous 49 U.S.C. 30166. Goods, Solid Cargoes and Containers to If comments are received, the comments be held at the IMO Headquarters in will be considered and, where adopted, PURPOSE(S): London, England from September 27 to the documents will be republished with To ensure that vehicle manufacturers changes. October 1, 2004. recall and repair or replace defective or ADDRESSES: Address all comments noncompliant motor vehicles or items of The primary matters to be considered concerning this notice to Yvonne L. motor vehicle equipment and to ensure include: Coates, Privacy Officer, Department of that they do so in an effective manner. —Amendments to the International Transportation, Office of the Secretary, To identify alleged problems and trends Maritime Dangerous Goods (IMDG) 400 7th Street, SW., Washington, DC and to conduct investigations and Code and Supplements including 20590, (202) 366–6964 (telephone), determine whether recalls are necessary harmonization of the IMDG Code with (202) 366–7024 (fax), and ensure that recalls are conducted in the United Nations Recommendations [email protected] (Internet accordance with agency requirements. address). on the Transport of Dangerous Goods, ROUTINE USES OF RECORDS MAINTAINED IN THE and review of Annex III of the Marine FOR FURTHER INFORMATION CONTACT: Dee SYSTEM, INCLUDING CATEGORIES OF USERS AND Pollution Convention (MARPOL 73/ Smith, Department of Transportation, THE PURPOSES OF SUCH USES: 78), as amended. NHTSA, Office of the Chief Information —To permit ODI to review complaints Officer, Suite 6100, 400 7th Street, SW., —Review of the Code of Safe Practice about defects in motor vehicles and Washington, DC 20590, (202) 366–2622 for Solid Bulk Cargoes (BC Code), items of motor vehicle equipment in (telephone), (202) 493–2080 (fax), including evaluation of properties of order to identify trends that could [email protected] (Internet solid bulk cargoes. result in defect investigations, and address). ultimately in safety-related recalls. —Cargo securing manual. SUPPLEMENTARY INFORMATION: This —To permit ODI to review complaints —Casualty and incident reports and amendment establishes two new routine to identify uncorrected recall analysis. uses to allow NHTSA to: (1) Provide performance problems which require investigation into the adequacy of the —Development of a manual on loading complaint information, including notification or remedy in accordance and unloading of solid bulk cargoes personal identifiers, to vehicle with agency regulations. for terminal representatives. manufacturers during defect investigations; and (2) refer complaint —To make complaints about recall —Guidance on serious structural information to appropriate State or performance available to applicable deficiencies in containers. Federal agency for actions involving manufacturers in order to allow them —Measures to enhance maritime matters of law or regulation beyond the to rectify owner complaints and security. responsibility of the agency or problems. Department, such as the Federal Trade —To provide complaints to the —Document of compliance required by applicable vehicle manufacturer SOLAS Regulation II–2/19. Commission in matters involving warranties. during a defect investigation to enable Members of the public may attend the the manufacturer to identify the meeting up to the seating capacity of the SYSTEM NUMBER: specific complaint vehicle and to room. Interested persons may seek DOT/NHTSA 415. research the root cause of the alleged problem. information by writing: Mr. E. P. SYSTEM NAME: —To refer complaints to the appropriate Pfersich, U.S. Coast Guard (G–MSO–3), State or Federal agency for actions Room 1210, 2100 Second Street, SW., Artemis System/Vehicle Owner Complaint Information. involving matters of law or regulation Washington, DC 20593–0001 or by beyond the responsibility of the calling (202) 267–1217. SECURITY CLASSIFICATION: agency or Department, such as the Dated: August 24, 2004. Sensitive, unclassified. Federal Trade Commission in matters involving warranties. Clay Diamond, SYSTEM LOCATION: —See Prefatory Statement of General Executive Secretary, Shipping Coordinating U.S. Department of Transportation Routine Uses. Committee, Department of State. (DOT), National Highway Traffic Safety [FR Doc. 04–20147 Filed 9–2–04; 8:45 am] Administration (NHTSA), Office of DISCLOSURE TO CONSUMER REPORTING: BILLING CODE 4710–07–P Defects Investigation (ODI), 400 7th None.

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POLICIES AND PRACTICES FOR STORING, Dated: August 30, 2004. notice is required to be published in the RETRIEVING, ACCESSING, RETAINING AND Yvonne L. Coates, Federal Register 30 days before DISPOSING OF RECORDS IN THE SYSTEM: Departmental Privacy Officer. modifying the land-use assurance that STORAGE: [FR Doc. 04–20169 Filed 9–2–04; 8:45 am] requires the property to be used for an Records are stored electronically in a BILLING CODE 4910–59–P aeronautical purpose. storage area network (SAN) that is part DATES: Comments must be received on of the Artemis system. Any images or before October 4, 2004. associated with these records are also DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: stored in the SAN. The SAN is Richard Pur, Program Manager, 2300 Federal Aviation Administration partitioned into public and private East Devon Avenue, Des Plaines, IL sections. Public Notice For Waiver Of 60018. Telephone Number 847–294– 7527/FAX Number 847–294–7046. RETRIEVABILITY: Aeronautical Land-use Assurance Fort Wayne International Airport, Fort Documents reflecting this FAA action Records may be retrieved by any Wayne, IN may be reviewed at this same location personal identifier associated with the by appointment or at the Fort Wayne— vehicle owner questionnaire or other AGENCY: Federal Aviation Allen County Airport Authority, Fort consumer correspondence. Administration, DOT. Wayne International Airport, Lt. Paul ACTION: Notice of intent of waiver with Baer Terminal, Suite 209, Fort Wayne, SAFEGUARDS: respect to land. IN 46809. To safeguard against the risk of SUPPLEMENTARY INFORMATION: Following unauthorized access and disclosure, SUMMARY: The Federal Aviation are the legal descriptions of the property Artemis users must follow strict security Administration (FAA) is considering a located at Fort Wayne, Allen County, guidelines to gain access to the system. proposal to change portions of airport Indiana: Artemis is also equipped with an land from aeronautical use to non- intrusion detection system and the aeronautical use and to authorize the Part of Parcel 5–19 entire Artemis database is periodically sale of the airport property. The Part of the Southeast Quarter of backed up onto digital storage media proposal consists of a 4.0-acre portion of Section 5, Township 29 North, Range 12 and stored offsite in a secure location. Parcel 6–4 and a 2.6758-acre portion of East, together with part of the Northeast Parcel 5–19. Presently the land is vacant Quarter of Section 8, Township 29 RETENTION AND DISPOSAL: and used as open land for control of North, Range 12 East, in Allen County, The information is retained for ten FAR Part 77 surfaces and compatible Indiana, being also a part of a 3.112 acre years. land use and is not needed for road right of way contained in aeronautical use, as shown on the SYSTEM MANAGER(S) AND ADDRESS: Document Number 200009390, more Airport Layout Plan. Parcel 6–4 (80.14 particularly described as follows, to-wit: Department of Transportation (DOT), acres) was acquired in 1993 without To arrive at the point of beginning, National Highway Traffic Safety Federal participation. Parcel 5–19 (22.00 commence on the south line of the Administration (NHTSA), Office of acres) was obtained from the United Southeast Quarter of said Section 5, Defects Investigation (ODI), 400 7th States of America by Warranty Deed being coincident with the centerline of Street, SW., Suite 5326, Washington, DC dated June 29, 1949. The release of the a public road known as the Ferguson 20590. 2.6758-acre portion of Parcel 5–19 will Road at a point situated 138.9 feet East NOTIFICATION PROCEDURE: require the coordination and approval of of the Southwest corner of the Southeast the United States of America Quarter of the Southeast Quarter of said To determine whether the system may (Department of Defense). It is the intent Section 5, said point being 268.6 feet contain records relating to you, write to of the Fort Wayne—Allen County West of the centerline of 2nd Street as the System Manager. Airport Authority (FWACAA) to sell the established; thence South 0 degrees 49 RECORD ACCESS PROCEDURES: 4.0-acre portion of Parcel 6–4 and the minutes 15 seconds East and normal to Same as ‘‘Notification Procedure’’ 2.6758-acre portion of Parcel 5–19. said Ferguson Road centerline (bearings above. There are no impacts to the airport by based upon plans by Certified Individuals requesting access must allowing the FWACAA to dispose of the Engineering, Inc. For Indianapolis and include their full name in the request. property. This notice announces that the Ferguson Road Alignment modification Individuals requesting access must also FAA intends to authorize the disposal of dated Dec. 19, 2002), a distance of 40.00 comply with the Department of the subject airport property at Fort feet to the point of beginning initially Transportation’s Privacy Act regulations Wayne International Airport, Fort referred to; thence North 89 degrees 10 on verification of identity (49 CFR Wayne, IN. Approval does not minutes 45 seconds East, parallel with 10.37). constitute a commitment by the FAA to the South line of said Southeast Quarter financially assist in disposal of the along the South 40 foot right of way of CONTESTING RECORD PROCEDURES: subject airport property nor a said Ferguson Road, a distance of 124.78 Same as ‘‘Notification Procedure’’ determination that all measures covered feet to the South 50 foot right of way per above. by the program are eligible for grant-in- plans aforesaid; thence Northwesterly aid funding from the FAA. The on said South 50 foot right of way on RECORD SOURCE CATEGORIES: disposition of proceeds from the a non tangent circular curve to the right Information is collected from the disposal of the airport property will be having a radius of 655.00 feet, a distance general public, State highway offices, in accordance with FAA’s Policy and of 253.90 feet to a point of compound insurance companies, and vehicle Procedures Concerning the Use of curve, the chord of which bears North manufacturers. Airport Revenue, published in the 69 degrees 41 minutes 28 seconds West, Federal Register on February 16, 1999. 252.31 feet; thence continuing along EXEMPTIONS CLAIMED FOR THE SYSTEM: In accordance with section 47107(h) said South 50 foot right of way on a None. of Title 49, United States Code, this circular curve to the right having a

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radius of 955.0 feet, a distance of 390.76 the said North half of the Southeast you may request a copy of the policy by feet to the Northeasterly 40 foot right of Quarter a distance of 79.49 feet to the contacting the individual listed in this way as described in said Document point of beginning, said point being on section. Number 200009390; thence along said the Westerly right of way line of Smith We have filed in the docket all 40 foot right of way, North 46 degrees Road relocated; thence continuing comments we received, as well as a 05 minutes 15 seconds West along the South 88 degrees 59 minutes 17 seconds report summarizing each substantive line aforesaid, a distance of 288.78 feet West along the said South line of the public contact with FAA personnel to a point of curve; thence Northerly North half of the Southeast Quarter a concerning this policy. The docket is and continuing along said 40 foot right distance of 661.77 feet; thence North 00 available for public inspection before of way along a circular curve to the right degrees 42 minutes 18 seconds West and after the comment closing date. If having a radius of 260.00 feet, a distance and parallel with said East line of the you wish to review the docket in of 351.96 feet to a point of tangent; Southeast Quarter a distance of 290.00 person, go to the above address between thence continuing along said 40 foot feet; thence North 88 degrees 59 9 a.m. and 5 p.m., Monday through right of way, North 31 degrees 28 minutes 17 seconds East and parallel Friday, except Federal holidays. minutes 25 seconds East along said with the said South line of the North tangent, a distance of 155.80 feet to the half of the Southeast Quarter a distance SUPPLEMENTARY INFORMATION: The FAA West 50 foot right of way per the plans of 518.05 feet to a point on the said published a notice in the Federal aforesaid; thence Northeasterly along Westerly right of way line of Smith Register on February 25, 2003 (68 FR said 50 foot right of way on a non Road relocated; thence South 35 degrees 8794) to announce the availability of the tangent circular curve to the right 31 minutes 41 seconds East along said proposed policy and invite interested having a radius of 955.0 feet, a distance right of way line a distance of 77.30 feet; parties to comment. of 279.74 feet to the Northwesterly 40 thence South 27 degrees 48 minutes 13 Background foot right of way of the Indianapolis seconds East along said Westerly right Road as described in the Document of way line a distance of 187.36 feet; The FAA was asked to consider a 2- Number aforesaid, the chord of which thence South 14 degrees 16 minutes 14 minute gas temperature overshoot limit bears North 14 degrees 47 minutes 42 seconds East along the said Westerly approval within the 5-minute steady seconds East, 278.74 feet; thence South right of way line a distance of 60.67 feet state gas temperature limit associated 31 degrees 28 minutes 25 seconds West to the point of beginning, containing with the takeoff power or thrust rating along said 40 foot right of way, a 4.00 acres of land more or less. established under § 33.7, for certain distance of 422.82 feet to a point of engine operating conditions. This policy curve; thence Southerly and continuing Issued in Des Plaines, Illinois on August 24, 2004. provides additional guidance to on said 40 foot right of way along a establish a uniform approach for Philip M. Smithmeyer, circular curve to the left having a radius Aircraft Certification Offices (ACOs) to of 340.00 feet, a distance of 460.26 feet Manager, Chicago Airports District Office, evaluate and approve up to a 2-minute FAA, Great Lakes Region. to a point of tangent; thence continuing gas temperature overshoot limit casued along said 40 foot right of way South 46 [FR Doc. 04–20177 Filed 9–2–04; 8:45 am] by thermal mismatch of engine degrees 05 minutes 15 seconds East, a BILLING CODE 4910–13–M hardware. This policy does not create distance of 580.05 feet to a point of any new requirements. curve; thence continuing along said 40 DEPARTMENT OF TRANSPORTATION Authority: 49 U.S.C. 106(g), 40113, 44701– foot right of way on a circular curve to 44702, 44704. the left having a radius of 340.00 feet, Federal Aviation Administration a distance of 265.45 feet to the point of Issued in Burlington, Massachusetts, on beginning, containing 2.5964 Acres of [Policy Statement No. ANE–2000–33.87–R3] August 24, 2004. land, more or less. Robert Guyotte, Policy for 14 CFR 33.87, Endurance Acting Manager, Engine and Propeller Part of Parcel 6–4 Test Directorate, Aircraft Certification Service. Part of the North half of the Southeast [FR Doc. 04–20176 Filed 9–2–04; 8:45 am] AGENCY: Federal Aviation Quarter of Section 6, Township 29 BILLING CODE 4910–13–M North, Range 12 East, Allen County, Administration, DOT. Indiana, more particularly described as ACTION: Notice of issuance; policy follows: statement. DEPARTMENT OF TRANSPORTATION Commencing at the Southeast corner of the said southeast Quarter of Section SUMMARY: The Federal Aviation Surface Transportation Board 6, thence North 00 degrees 42 minutes Administration (FAA) announces the availability of policy for 14 CFR 33.87, 18 seconds West (bearing from Dalman [STB Docket No. AB–862X] Road Project INDOT STP–RS6602(4) Endurance test. and used for all subsequent bearings in DATES: The FAA issued policy statement Twin State Railroad Company— this description) along the East line of number ANE–2000–33.87–R3 on August Abandonment Exemption—in the said Southeast Quarter of Section 6, 24, 2004. Caledonia and Essex Counties, VT said line being within the boundaries of FOR FURTHER INFORMATION CONTACT: the public highway known as Smith Karen Grant, FAA, Engine and Propeller The Twin State Railroad Company Road, a distance of 1326.91 feet to the Standards Staff, ANE–110, 12 New (TSRR) has filed a notice of exemption Southeast corner of the said North half England Executive Park, Burlington, MA under 49 CFR part 1152 subpart F— of the Southeast Quarter, thence South 01803; e-mail: [email protected]; Exempt Abandonments to abandon 88 degrees 59 minutes 17 seconds West telephone: (781) 238–7119; fax: (781) approximately 20 route miles of rail line (south 89 degrees 00 minutes 12 238–7199. The policy statement is between milepost 0.057 in St. Johnsbury seconds West from Recorded Document available on the Internet at the following and Railroad Engineering Station 5503 #970038227 owner County of Allen, address: http://www.airweb.faa.gov/rgl. at River Road (Town Road) in State of Indiana) along the South line of If you do not have access to the Internet, Lunenburg (Gilman), in Caledonia and

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Essex Counties, VT.1 The line traverses 2004. Petitions to reopen or requests for ACTION: Notice. United States Postal Service ZIP Codes public use conditions under 49 CFR 05819, 05824, and 05906. 1152.28 must be filed by September 23, This notice announces, pursuant to TSRR has certified that: (1) No local 2004, with: Surface Transportation section 10(A)(2) of the Federal Advisory traffic has moved over the line for at Board, 1925 K Street, NW., Washington, Committee Act (FACA) (Public Law 72– least 2 years; (2) there is no overhead DC 20423–0001. 363; 5 U.S.C. app. 2), a meeting of the traffic on the line; (3) no formal A copy of any petition filed with the BTS Advisory Council on complaint filed by a user of rail service Board should be sent to TSRR’s Transportation Statistics (ACTS). The on the line (or by a state or local representative: David H. Anderson, Esq., meeting will be held on September 27, government entity acting on behalf of 288 Littleton Road, Suite 21, Westford, 2004, from 10 a.m. to 4 p.m. The such user) regarding cessation of service MA 01886. meeting will take place at the U.S. over the line either is pending with the If the verified notice contains false or Department of Transportation, 400 Surface Transportation Board or with misleading information, the exemption Seventh Street, SW., Washington DC, on any U.S. District Court or has been is void ab initio. the 3rd Floor, in Conference Room 3200 decided in favor of complainant within TSRR has filed an environmental of the Nassif Building. the 2-year period; and (4) the report which addresses the effects, if The ACTS, established under section requirements at 49 CFR 1105.7 any, of the abandonment on the 6007 of Public Law 102–240, Intermodal (environmental reports), 49 CFR 1105.8 environment and historic resources. Surface Transportation Efficiency Act of (historic reports), 49 CFR 1105.11 SEA will issue an environmental 1991, December 18, 1991, and chartered (transmittal letter), 49 CFR 1105.12 assessment (EA) by September 10, 2004. on June 19, 1995, was created to advise (newspaper publication), and 49 CFR Interested persons may obtain a copy of the Director of BTS on transportation 1152.50(d)(1) (notice to governmental the EA by writing to SEA (Room 500, statistics and analyses, including agencies) have been met. Surface Transportation Board, whether or not the statistics and As a condition to this exemption, any Washington, DC 20423–0001) or by analysis disseminated by the BTS are of employee adversely affected by the calling SEA, at (202) 565–1539. high quality and are based upon the best abandonment shall be protected under (Assistance for the hearing impaired is available objective information. Oregon Short Line R. Co.— available through the Federal The following is a summary of the Abandonment—Goshen, 360 I.C.C. 91 Information Relay Service (FIRS) at 1– meeting’s agenda: (1) Introductions and (1979). To address whether this 800–877–8339.) Comments on Opening Remarks; (2) Program Update; condition adequately protects affected environmental and historic preservation (3) General Discussion of the Research employees, a petition for partial matters must be filed within 15 days and Innovative Technology revocation under 49 U.S.C. 10502(d) after the EA becomes available to the Administration (RITA) proposal; (4) must be filed. Provided no formal public. Review of BTS response to TRB Special expression of intent to file an offer of Environmental, historic preservation, Report 277 (Measuring Personal Travel financial assistance (OFA) has been public use, or trail use/rail banking and Goods Movement); (5) Commodity received, this exemption will be conditions will be imposed, where Flow Survey; (6) National Household effective on October 6, 2004, unless appropriate, in a subsequent decision. Travel Survey; (7) Update on BTS’ stayed pending reconsideration. Pursuant to the provisions of 49 CFR Indexes; (8) General Discussion; and (9) Petitions to stay that do not involve 1152.29(e)(2), TSRR shall file a notice of Public Comments and Closing Remarks. environmental issues,2 formal consummation with the Board to signify Since access to the DOT building is expressions of intent to file an OFA that it has exercised the authority controlled, all persons who plan to under 49 CFR 1152.27(c)(2),3 and trail granted and fully abandoned the line. If attend the meeting must notify Ms. use/rail banking requests under 49 CFR consummation has not been effected by Phyllis Seville, the Committee 1152.29 must be filed by September 13, TSRR’s filing of a notice of Management Officer at (202) 366–9510 consummation by September 3, 2005, prior to September 24, 2004. Individuals 1 The subject line is a portion of TSRR’s line that and there are no legal or regulatory attending the meeting must report to the extends between St. Johnsbury, VT, and Whitefield, barriers to consummation, the authority SW Lobby of the Nassif Building for NH (TSRR line). TSRR notes that related to this to abandon will automatically expire. admission to the building. Attendance is matter is a line of railroad that is owned by the State open to the public, but limited space is of Vermont and was operated by Lamoille Valley Board decisions and notices are Railroad Company (LVRC) that extends between available on our Web site at http:// available. With the approval of the Swanton, VT, and St. Johnsbury, VT (LVRC line). www.stb.dot.gov. Chair, members of the public may The TSRR line and the LVRC line connected at St. present oral statements at the meeting. Johnsbury and comprised a continuous corridor Decided: August 27, 2004. By the Board, Non-committee members wishing to from Swanton to Whitefield. The LVRC line was David M. Konschnik, Director, Office of present oral statements or obtain recently authorized for abandonment. See Lamoille Proceedings. Valley Railroad Company—Abandonment and information should also contact Ms. Discontinuance of Trackage Rights Exemption—in Vernon A. Williams, Seville. Caledonia, Washington, Orleans, Lamoille, and Secretary. Questions about the agenda or written Franklin Counties, VT, STB Docket No. AB–444 [FR Doc. 04–20034 Filed 9–2–04; 8:45 am] (Sub-No. 1X) (STB served Jan. 16, 2004). comments may be submitted by U.S. 2 The Board will grant a stay if an informed BILLING CODE 4915–01–P Mail to: U.S. Department of decision on environmental issues (whether raised Transportation, BTS, Attention: Robert by a party or by the Board’s Section of A. Monniere, Room 3103, 400 Seventh Environmental Analysis (SEA) in its independent DEPARTMENT OF TRANSPORTATION St., SW., Washington, DC 20590 or investigation) cannot be made before the faxed to (202) 366–3640. BTS requests exemption’s effective date. See Exemption of Out- Bureau of Transportation Statistics of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any that written comments be submitted request for a stay should be filed as soon as possible Advisory Council on Transportation prior to the meeting. so that the Board may take appropriate action before Persons with a disability requiring the exemption’s effective date. Statistics; Notice of Meeting 3 Each OFA must be accompanied by the filing special services, such as an interpreter fee, which currently is set at $1,100. See 49 CFR AGENCY: Bureau of Transportation for the hearing impaired, should contact 1002.2(f)(25). Statistics (BTS), DOT. Ms. Seville at (202) 366–9510 at least

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seven calendar days prior to the ACTION: Notice. 1–888–912–1227 or 954–423–7977, or meeting. write Inez E. De Jesus, TAP Office, 1000 Notice of this meeting is provided in SUMMARY: An open meeting of the South Pine Island Rd., Suite 340, accordance with the FACA and the Taxpayer Advocacy Panel Multilingual Plantation, FL 33324. Due to limited General Service Administration Initiative (MLI) Issue Committee will be conference lines, notification of intent regulations (41 CFR part 102–3) conducted (via teleconference). The to participate in the telephone Taxpayer Advocacy Panel is soliciting covering management of Federal conference call meeting must be made public comments, ideas, and advisory committees. with Inez E. De Jesus. Ms. De Jesus can Issued in Washington, DC, on the 27th day suggestions on improving customer service at the Internal Revenue Service. be reached at 1–888–912–1227 or 954– of August, 2004. 423–7977, or post comments to the Web DATES: Rick Kowalewski, The meeting will be held Friday, site: http://www.improveirs.org. Deputy Director, Bureau of Transportation September 17, 2004, from 1 p.m. to 2 Statistics. p.m. e.d.t. The agenda will include the following: various IRS issues. [FR Doc. 04–20168 Filed 9–2–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: Inez BILLING CODE 4910–HY–P E. De Jesus at 1–888–912–1227, or 954– Dated: August 30, 2004. 423–7977. Bernard Coston, SUPPLEMENTARY INFORMATION: Notice is Director, Taxpayer Advocacy Panel. DEPARTMENT OF THE TREASURY hereby given pursuant to section [FR Doc. 04–20167 Filed 9–2–04; 8:45 am] 10(a)(2) of the Federal Advisory BILLING CODE 4830–01–P Internal Revenue Service Committee Act, 5 U.S.C. App. (1988) Open Meeting of the Taxpayer that an open meeting of the Taxpayer Advocacy Panel Multilingual Initiative Advocacy Panel Multilingual Initiative (MLI) Issue Committee Will be Issue Committee will be held Friday, Conducted (Via Teleconference) September 17, 2004, from 1 p.m. to 2 p.m. e.d.t. via a telephone conference AGENCY: Internal Revenue Service (IRS), call. If you would like to have the TAP Treasury. consider a written statement, please call

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Corrections Federal Register Vol. 69, No. 171

Friday, September 3, 2004

This section of the FEDERAL REGISTER DEPARTMENT OF TRANSPORTATION August 24, 2004 make the following contains editorial corrections of previously correction: published Presidential, Rule, Proposed Rule, Federal Aviation Administration and Notice documents. These corrections are §71.1 [Corrected] prepared by the Office of the Federal 14 CFR Part 71 On page 51944, in the third column, Register. Agency prepared corrections are in §71.1, under the heading AGL MN D issued as signed documents and appear in [Docket No. FAA–2004–17163; Airspace Rochester, MN [Revised], in the first the appropriate document categories Docket No. 04–AGL–10] elsewhere in the issue. line, ‘‘NM’’ should read, ‘‘MN’’. Modification of Class D Airspace; [FR Doc. C4–19375 Filed 9–2–04; 8:45 am] Rochester, MN; Modification of Class E BILLING CODE 1505–01–D Airspace; Rochester, MN Correction In rule document 04–19375 beginning on page 51944 in the issue of Tuesday,

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Part II

Department of Housing and Urban Development 24 CFR Part 24 Suspension, Debarment, Limited Denial of Participation; Final Rule

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DEPARTMENT OF HOUSING AND The definition of the term ‘‘ultimate practicable and permitted by law, an URBAN DEVELOPMENT beneficiaries’’ added by this rule is agency from promulgating a regulation identical to the definition of this term that has federalism implications and 24 CFR Part 24 that was in effect prior to the effective either imposes substantial direct [Docket No. FR–4692–F–04] date of the NCR and codified at compliance costs on state and local § 24.105. This definition has been used governments and is not required by RIN 2501–AC81 consistently since the promulgation of statute, or preempts state law, unless the the 1988 NCR (53 FR 19182 and 19204). relevant requirements of section 6 of the Suspension, Debarment, Limited order are met. This final rule does not Denial of Participation Findings and Certifications have federalism implications and does AGENCY: Office of the Secretary, HUD. Justification for Direct Final Rulemaking not impose substantial direct ACTION: Final rule. In general, the Department publishes compliance costs on state and local a rule for public comment before issuing governments or preempt state law SUMMARY: On November 26, 2003, HUD a rule for effect, in accordance with its within the meaning of the order. published a final rule adopting the own regulations on rulemaking, 24 CFR Unfunded Mandates Reform Act Interagency Suspension and Debarment part 10. However, part 10 does provide Committee’s 2003 enactment of a for exceptions from that general rule Title II of the Unfunded Mandates Nonprocurement Common Rule for where the agency finds good cause to Reform Act of 1995 (2 U.S.C. 1531– Suspensions and Debarments (NCR). omit advance notice and public 1538) (UMRA) establishes requirements HUD also published agency-specific participation. The good cause for Federal agencies to assess the effects requirements that, along with the NCR, requirement is satisfied when prior of their regulatory actions on State, would best serve HUD’s programs. In public procedure is ‘‘impracticable, local, and tribal governments, and on HUD’s agency-specific rule, HUD unnecessary, or contrary to the public the private sector. This final rule does referenced a definition for the term interest’’ (24 CFR 10.1). In this case, not impose any Federal mandate on any ultimate beneficiaries, but failed to public comment is unnecessary because State, local, or tribal government, or on include the definition in the regulation. HUD is adding a definition of the term the private sector, within the meaning of This rule corrects this omission by ‘‘ultimate beneficiaries’’ that was UMRA. adding the definition of ultimate inadvertently omitted from the List of Subjects in 24 CFR Part 24 beneficiaries. publication of the NCR. In addition, Administrative practice and DATES: Effective Date: October 4, 2004. HUD is making no change to the procedure, Government contracts, Grant FOR FURTHER INFORMATION CONTACT: definition of this term from that in effect prior to the effective date of the NCR. programs, Loan programs, Technical Dane Narode, Assistant General assistance, Reporting and recordkeeping Counsel, Office of Program Therefore, there would be no purpose served by accepting public comments requirements. Enforcement, Administrative I Proceedings Division, Department of on this rule. For the reasons stated in the preamble, HUD amends 24 CFR part 24 as follows: Housing and Urban Development, 1250 Regulatory Flexibility Act Maryland Avenue, Suite 200, The Secretary, in accordance with the PART 24—GOVERNMENTWIDE Washington, DC 20024–0500; telephone Regulatory Flexibility Act (5 U.S.C. DEBARMENT AND SUSPENSION (202) 708–2350 (this is not a toll-free 605(b)), has reviewed and approved this (NONPROCUREMENT) number); e-mail: rule and, in so doing, certified that this [email protected]. Individuals I rule would not have a significant 1. The authority citation for part 24 with hearing or speech impairments economic impact on a substantial continues to read as follows: may access the voice telephone number number of small entities. This rule Authority: 41 U.S.C. 701 et seq.; 42 U.S.C. listed above by calling the Federal imposes no new obligation of any kind 3535(d); Sec. 2455, Pub. L. 103–355, 108 Stat. Information Relay Service during but simply adds a definition for the term 3327 (31 U.S.C. 6101 note); E.O. 12549 (3 working hours at 800–877–8339. ‘‘ultimate beneficiaries’’ without CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. 235). SUPPLEMENTARY INFORMATION: On changing what was in effect prior to the November 26, 2003 (68 FR 66592), HUD effective date of the NCR. I 2. Section 24.1017 is added to read as published a final rule adopting the follows: Interagency Suspension and Debarment Environmental Impact Committee’s NCR. HUD also codified In accordance with 24 CFR § 24.1017 Ultimate beneficiaries. agency-specific requirements that, along 50.19(c)(6), this rule sets forth Ultimate beneficiaries of HUD with the NCR, would best serve HUD’s administrative requirements which do programs include, but are not limited to, programs. In the table of contents for not constitute a development decision subsidized tenants and subsidized Subpart I (entitled Definitions) of HUD’s that affects the physical condition of mortgagors, such as those assisted under agency-specific rule, HUD included a specific project areas or building sites, Section 8 Housing Assistance Payment reference for a definition of the term and therefore is categorically excluded contracts, by Section 236 Rental ultimate beneficiaries. The definition from the requirements of the National Assistance, or by Rent Supplement was to have been added at § 24.1017. Environmental Policy Act (42 U.S.C. payments. The actual definition, however, was 4321 et seq.) and related federal laws Dated: August 24, 2004. inadvertently omitted from HUD’s and authorities. agency-specific regulation. This final Alphonso Jackson, rule corrects this omission by adding Executive Order 13132, Federalism Secretary. the definition of the term, ‘‘ultimate Executive Order 13132 (entitled [FR Doc. 04–20075 Filed 9–2–04; 8:45 am] beneficiaries.’’ ‘‘Federalism’’) prohibits, to the extent BILLING CODE 4210–32–P

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Part III

Environmental Protection Agency 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production; Direct Final Rule and Proposed Rule

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ENVIRONMENTAL PROTECTION view the revisions as noncontroversial copy at the Air and Radiation Docket AGENCY and anticipate no adverse comments. and Information Center, EPA/DC, EPA DATES: This direct final rule is effective West, Room B102, 1301 Constitution 40 CFR Part 63 on November 2, 2004 without further Ave., NW., Washington, DC. The Public notice, unless EPA receives adverse Reading Room is open from 8:30 a.m. to [OAR–2002–0084; FRL–7808–2] written comment by October 4, 2004 or 4:30 p.m., Monday through Friday, if a public hearing is requested by excluding legal holidays. The telephone National Emission Standards for September 13, 2004. If EPA receives number for the Public Reading Room is Hazardous Air Pollutants for such comments, it will publish a timely (202) 566–1744, and the telephone Secondary Aluminum Production withdrawal in the Federal Register number for the Air and Radiation AGENCY: Environmental Protection indicating which provisions will Docket and Information Center is (202) Agency (EPA). become effective and which provisions 566–1742. are being withdrawn due to adverse ACTION: Direct final rule; amendments. FOR FURTHER INFORMATION CONTACT: Mr. comment. Joseph Wood, P.E., U.S. EPA, Minerals SUMMARY: On March 23, 2000, EPA ADDRESSES: EPA has established a and Inorganic Chemicals Group (C–504– promulgated national emission docket for this action under Docket ID 05), Emission Standards Division, Office standards for hazardous air pollutants No. OAR–2002–0084. All documents in of Air Quality Planning and Standards, (NESHAP) for secondary aluminum the docket are listed in the EDOCKET Research Triangle Park, North Carolina production under section 112 of the index at http://www.epa.gov/edocket. 27711, telephone number (919) 541– Clean Air Act (CAA), and on September Although listed in the index, some 5446, facsimile number (919) 541–5600, 24, 2002, and on December 30, 2002, we information is not publicly available, electronic mail address: published final amendments to the i.e., confidential business information or [email protected]. standards based on two separate other information whose disclosure is settlement agreements. These restricted by statute. Certain other SUPPLEMENTARY INFORMATION: Regulated amendments further clarify regulatory material, such as copyrighted material, Entities. This action does not affect the text, correct errors, and improve is not placed on the Internet and will be applicability of the existing rule as understanding of the rule requirements publicly available only in hard copy amended on December 30, 2002 (67 FR as promulgated. We are making the form. Publicly available docket 79808). Categories and entities amendments by direct final rule, materials are available either potentially regulated by this action without prior proposal, because we electronically in EDOCKET or in hard include:

Category NAICS 1 Examples of regulated entities

Industry ...... 331314 Secondary smelting and alloying of aluminum facilities. Secondary aluminum production facility affected sources that are collocated at: 331312 Primary aluminum production facilities. 331315 Aluminum sheet, plate, and foil manufacturing facilities. 331316 Aluminum extruded product manufacturing facilities. 331319 Other aluminum rolling and drawing facilities. 331521 Aluminum die casting facilities. 331524 Aluminum foundry facilities. 1 North American Industry Classification System.

This table is not intended to be exchange in various areas of air publish a timely withdrawal in the exhaustive, but rather provides a guide pollution control. If more information Federal Register informing the public for readers regarding entities likely to be regarding the TTN is needed, call the which provisions will become effective regulated by this action. To determine TTN HELP line at (919) 541–5384. and which provisions are being whether your facility is regulated by this Comments. We are publishing the withdrawn due to adverse comment. We action, you should examine the direct final rule without prior proposal will address all public comments in a applicability criteria in § 63.1500 of the because we view the amendments as subsequent final rule based on the secondary aluminum production noncontroversial and do not anticipate proposed rule. Any of the distinct NESHAP. If you have any questions adverse comments. We consider the amendments in the direct final rule for regarding the applicability of this action changes to be noncontroversial because which we do not receive adverse to a particular entity, consult the person we are correcting errors in equations to comment will become effective on the listed in the preceding FOR FURTHER ensure that the proper units are used; date set out above. We will not institute INFORMATION CONTACT section. correcting typographical and printing a second comment period on the direct Worldwide Web (WWW). In addition errors; making minor changes for final rule. Any parties interested in to being available in the docket, an clarification and consistency within the commenting must do so at this time. electronic copy of today’s correcting rule; and eliminating an erroneous Judicial Review. Under section amendments will also be available on reference to a reporting requirement. 307(b)(1) of the CAA, judicial review of the WWW through the Technology However, in the Proposed Rules section the direct final rule is available only by Transfer Network (TTN). Following of this Federal Register, we are filing a petition for review in the U.S. signature, a copy of this action will be publishing a separate document that Court of Appeals for the District of posted on the TTN’s policy and will serve as the proposal in the event Columbia Circuit by November 2, 2004. guidance page for newly proposed rules that timely and significant adverse Under section 307(d)(7)(B) of the CAA, or promulgated rules at http:// comments are received. only an objection to the direct final rule www.epa.gov/ttn/oarpg. The TTN If we receive any relevant adverse that was raised with reasonable provides information and technology comments on the amendments, we will specificity during the period for public

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comment can be raised during judicial Because aluminum die casters and standards concerning aluminum die review. Moreover, under section foundries sometimes conduct the same casters and foundries. The changes 307(b)(2) of the CAA, the requirements type of operations as other secondary included permitting customer returns established by the direct final rule may aluminum producers, we originally without paints or solid coatings to be not be challenged separately in any civil intended to apply the standards to those treated like internal scrap, and or criminal proceedings brought by the facilities, but only in those instances permitting facilities operated by the EPA to enforce these requirements. where they conduct such operations. same company at different locations to Outline. The following outline is However, representatives of the affected be aggregated for purposes of provided to aid in reading this preamble facilities argued that they should not be determining what is internal scrap. The to this direct final rule. considered to be secondary aluminum revisions of the applicability criteria I. Background producers and should be wholly exempt were proposed on June 14, 2002 (67 FR II. Amendments to the NESHAP from the secondary aluminum 41125) and adopted on December 30, III. Statutory and Executive Order Reviews production NESHAP. During the 2002 (67 FR 79808). A. Executive Order 12866: Regulatory rulemaking development, we decided to In the new Foundrymen’s settlement, Planning and Review permit die casters and foundries to melt we also agreed to defer the compliance B. Paperwork Reduction Act contaminated internal scrap without date for new sources constructed or C. Regulatory Flexibility Act being considered to be secondary reconstructed at existing aluminum die D. Unfunded Mandates Reform Act aluminum producers, but their casters, foundries, and extruders until E. Executive Order 13132: Federalism representatives insisted that too many the compliance date for existing sources F. Executive Order 13175: Consultation so that the rulemaking on general and Coordination with Indian Tribal facilities would still be subject to the Governments NESHAP. At promulgation of the applicability issues could be completed G. Executive Order 13045: Protection of standards, in response to a request by first. We took final action concerning Children From Environmental Health the die casters and foundries, we that element of the new Foundrymen’s Risks and Safety Risks announced we would withdraw the settlement in a final rule published on H. Executive Order 13211: Actions standards as applied to die casters and September 24, 2002 (67 FR 59787). Concerning Regulations That foundries and develop separate In entirely separate discussions, we Significantly Affect Energy Supply, maximum achievable control also agreed on a settlement of the Distribution, or Use technology (MACT) standards for those Aluminum Association case. That I. National Technology Transfer and facilities. settlement required that we propose a Advancement Act After the Foundrymen’s case was number of substantive clarifications and J. Congressional Review Act filed, we negotiated an initial settlement revisions of the standards, which were also adopted in the final rule on I. Background agreement in that case which established a process to effectuate our December 30, 2002 (67 FR 79808). The On March 23, 2000 (63 FR 15690), we commitment to develop new MACT Aluminum Association settlement also promulgated the NESHAP for secondary standards. In that initial settlement, EPA required that we clarify and simplify the aluminum production (40 CFR part 63, agreed that it would stay the current compliance dates for the standards and subpart RRR). Those standards were standards for those facilities, collect defer certain early compliance established under the authority of comprehensive data to support alternate obligations which might otherwise come section 112(d) of the CAA to reduce standards, and promulgate alternate due during the rulemaking process. We emissions of hazardous air pollutants standards. We then published a took final action concerning those (HAP) from major and area sources. proposal to stay the standards for those compliance issues in the final rule After promulgation of the NESHAP facilities (65 FR 55491, September 14, published on September 24, 2002 (67 FR for secondary aluminum production, 2000) and an advance notice of 59787). two petitions for judicial review of the proposed rulemaking (ANPR) II. Amendments to the NESHAP standards were filed in the D.C. Circuit announcing new standards for Court of Appeals. The first of these aluminum die casters and foundries (65 Today’s direct final amendments petitions was filed by the American FR 55489, September 14, 2000). revise the secondary aluminum Foundrymen’s Society, the North During the subsequent process of production NESHAP (40 CFR part 63, American Die Casting Association, and preparing for information collection, the subpart RRR) as follows: the Non-Ferrous Founders’ Society petitioners concluded that the existing • In § 63.1503, we are deleting the (American Foundrymen’s Society et al. standards were not as sweeping in definition of ‘‘Internal runaround’’ and v. U.S. EPA, Civ. No 00–1208 (D.C. applicability as they had feared, and the replacing it with the definition of Cir.)). A second petition for judicial parties then agreed to explore an ‘‘Runaround scrap.’’ review was filed by the Aluminum alternate approach to settlement based • In § 63.1506, we are including units Association (The Aluminum on clarifications of the existing for emissions of dioxin/furans (D/F) to Association v. U.S. EPA, No. 00–1211 standards. We subsequently reached clarify that the requirements for (D.C. Cir.)). There was no significant agreement with the Foundrymen’s measurement of feed/charge weight overlap in the issues presented by the petitioners on a new settlement which apply to facilities subject to emission two petitions, and the cases have never entirely supplanted the initial limits for D/F, as well as emission limits been consolidated. However, we did settlement. Accordingly, we published a for other pollutants. The proper units thereafter enter into separate settlement notice withdrawing the proposed stay of for measurement of D/F emissions for discussions with the petitioners in each the existing standards for aluminum die the standards are micrograms per case. casters and foundries and announcing megagram (µg/Mg) or grains per ton (gr/ The Foundrymen’s case presented that we would take no further action on ton). We are also amending the issues concerning the applicability of 40 new standards for those facilities (67 FR operating requirement for dross-only CFR part 63, subpart RRR, to aluminum 41138, June 14, 2002). furnaces in § 63.1506(i)(3) to be die casters and aluminum foundries In the new settlement, we agreed to consistent with the definition for this which were considered during the propose some changes in the type of furnace in § 63.1503. The revised initial rulemaking development. applicability provisions of the existing requirement states that the owner or

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operator must operate each furnace III. Statutory and Executive Order small entities, a small entity is defined using dross and salt flux as the sole Reviews as: (1) A small business whose parent feedstock. company has fewer than 500 employees; A. Executive Order 12866: Regulatory • In Equation 4 of § 63.1510, we are (2) a small governmental jurisdiction Planning and Review amending the definition of ‘‘Ti’’ (the that is a government of a city, county, total amount of feed or aluminum Under Executive Order 12866 (58 FR town, school district or special district produced for the emission unit for the 51735, October 4, 1993), the EPA must with a population of less than 50,000; or 24-hour period) in paragraph (t)(4) to determine whether the regulatory action (3) a small organization that is any not- state the proper units. Because ‘‘ERi’’ is ‘‘significant’’ and therefore subject to for-profit enterprise which is (the measured emission rate for the unit) review by the Office of Management and independently owned and operated and can be either pounds per ton (lb/ton) or Budget (OMB) and the requirements of is not dominant in its field. µ g/Mg, the definition of ‘‘Ti’’ should be the Executive Order. The Executive After considering the economic in units of tons or Mg instead of only Order defines a ‘‘significant regulatory impacts of today’s direct final tons. action’’ as one that is likely to result in • amendments on small entities, the EPA In § 63.1512, we are amending a rule that may: has concluded that this action will not paragraph (g) to state that the testing for (1) Have an annual effect on the have a significant economic impact on dross-only furnaces is to be performed economy of $100 million or more or a substantial number of small entities. while the unit processes only dross and adversely affect in a material way the salt flux. This change will make the economy, a sector of the economy, D. Unfunded Mandates Reform Act testing requirement consistent with the productivity, competition, jobs, the Title II of the Unfunded Mandates definition of ‘‘dross-only furnace.’’ environment, public health or safety, or Reform Act of 1995 (UMRA), Public • In § 63.1513, we are amending State, local, or tribal governments or Equation 7 to apply only to particulate Law 104–4, establishes requirements for communities; Federal agencies to assess the effects of matter (PM) and hydrogen chloride (2) Create a serious inconsistency or their regulatory actions on State, local, (HCl) emissions and adding a separate otherwise interfere with an action taken and tribal governments and the private equation (7A) for computing D/F or planned by another agency; sector. Under section 202 of the UMRA, emissions in the appropriate (3) Materially alter the budgetary the EPA generally must prepare a measurement units for the standards impact of entitlement, grants, user fees, written statement, including a cost- (µg/Mg or gr/ton). This change will or loan programs or the rights and benefit analysis, for proposed and final avoid confusion that may result from obligations of recipients thereof; or the differences in measurement units for (4) Raise novel legal or policy issues rules with ‘‘Federal mandates’’ that may D/F and PM or HCl. arising out of legal mandates, the result in expenditures by State, local, • In § 63.1516, we are amending the President’s priorities, or the principles and tribal governments, in the aggregate, requirements for the semiannual excess set forth in the Executive Order. or by the private sector, of $100 million emissions/summary report such that the It has been determined that the direct or more in any 1 year. Before owner or operator must submit final amendments are not a ‘‘significant promulgating an EPA rule for which a semiannual reports according to the regulatory action’’ under the terms of written statement is needed, section 205 requirements in § 63.10(e)(3), but the Executive Order 12866 and are therefore of the UMRA generally requires the EPA reports are due within 60 days after the not subject to OMB review. to identify and consider a reasonable end of each 6-month period instead of number of regulatory alternatives and within 30 days after the calendar half as B. Paperwork Reduction Act adopt the least costly, most cost- required by § 63.10(e)(3)(v). When no The OMB has previously approved effective, or least-burdensome deviations of parameters have occurred, the information collection requirements alternative that achieves the objectives the owner or operator must submit a in the existing rule (subpart RRR) under of the rule. The provisions of section report stating that no excess emissions the provisions of the Paperwork 205 do not apply when they are occurred during the reporting period. Reduction Act, 44 U.S.C. 3501 et seq. inconsistent with applicable law. We are also amending the certification and assigned OMB control number Moreover, section 205 allows the EPA to requirements for dross-only furnaces in 2060–0433. The direct final adopt an alternative other than the least- § 63.1516(b)(2)(ii) to state that only amendments have no impact on the costly, most cost-effective, or least- dross and salt flux were used as the existing information collection burden burdensome alternative if the charge material during the reporting estimates. Consequently, the ICR has not Administrator publishes with the final period. This change will make the been revised. rule an explanation why that alternative certification statement consistent with was not adopted. Before the EPA C. Regulatory Flexibility Act the definition of ‘‘dross-only furnace.’’ establishes any regulatory requirements • In table 2 to subpart RRR, we are The EPA has determined that it is not that may significantly or uniquely affect correcting a typographical error and necessary to prepare a regulatory small governments, including tribal revising the measurement units cited for flexibility analysis in conjunction with governments, it must have developed the flux injection rate. The revised units the direct final amendments. The EPA under section 203 of the UMRA a small for the flux injection rate are kilograms has also determined that the government agency plan. The plan must per megagram (kg/Mg) or (lb/ton) rather amendments will not have a significant provide for notifying potentially than pound per hour (lb/hr). economic impact on a substantial affected small governments, enabling The direct final amendments correct a number of small entities and do not officials of affected small governments typographical error in table 3 to subpart pose any requirements or costs on any to have meaningful and timely input in RRR, revise the table of contents to firm, large or small. Small entities the development of EPA regulatory correct typographical and printing include small businesses, small not-for- proposals with significant Federal errors, and also revise appendix A to profit enterprises, and small intergovernmental mandates, and subpart RRR (General Provisions governmental jurisdictions. informing, educating, and advising Applicability to Subpart RRR) to add a For purposes of assessing the impacts small governments on compliance with note in the comment column. of today’s direct final amendments on the regulatory requirements.

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This action contains no Federal F. Executive Order 13175: Consultation I. National Technology Transfer and mandates (under the regulatory and Coordination With Indian Tribal Advancement Act provisions of title II of the UMRA) for Governments Section 12(d) of the National State, local, or tribal governments. The Executive Order 13175 (65 FR 67249, Technology Transfer and Advancement EPA has determined that the direct final November 6, 2000) requires EPA to Act (NTTAA) of 1995 (Pub. L. 104–113; amendments do not contain a Federal develop an accountable process to 15 U.S.C 272 note), directs EPA to use mandate that may result in estimated ensure ‘‘meaningful and timely input by voluntary consensus standards in their costs of $100 million or more to either tribal officials in the development of regulatory and procurement activities State, local, or tribal governments, in the regulatory policies that have tribal unless to do so would be inconsistent aggregate, or to the private sector in any implications.’’ ‘‘Policies that have tribal with applicable law or otherwise 1 year. No costs are attributable to the implications’’ is defined in the impracticable. Voluntary consensus amendments. In addition, the Executive Order to include regulations standards are technical standards (such amendments do not significantly or that have ‘‘substantial direct effects on as material specifications, test methods, uniquely affect small governments one or more Indian tribes, on the sampling procedures, business because they contain no requirements relationship between the Federal practices) developed or adopted by one that apply to such governments or government and Indian tribes.’’ or more voluntary consensus bodies. impose obligations upon them. The direct final amendments do not The NTTAA requires Federal agencies Therefore, the requirements of the have tribal implications. They do not to provide Congress, through annual UMRA do not apply to the direct final have substantial direct effects on tribal reports to OMB, with explanations amendments. governments, on the relationship when an agency does not use available E. Executive Order 13132: Federalism between the Federal government and and applicable voluntary consensus Indian tribes, or on the distribution of standards. Executive Order 13132 (64 FR 43255, power and responsibilities between the August 10, 1999) requires EPA to The EPA’s response to the NTTAA Federal government and Indian tribes, requirements are discussed in the develop an accountable process to as specified in Executive Order 13175. ensure ‘‘meaningful and timely input by preamble to the final rule (65 FR 15690, No tribal governments own plants March 23, 2000). The direct final State and local officials in the subject to the existing rule or to the development of regulatory policies that amendments do not change the required direct final amendments. Thus, methods or procedures. have federalism implications.’’ ‘‘Policies Executive Order 13175 does not apply that have federalism implications’’ is to the direct final amendments. J. Congressional Review Act defined in the Executive Order to include regulations that have G. Executive Order 13045: Protection of The Congressional Review Act, 5 ‘‘substantial direct effects on the States, Children from Environmental Health & U.S.C. 801 et seq., as added by the Small on the relationship between the national Safety Risks Business Regulatory Enforcement Fairness Act of 1996, generally provides government and the States, or on the Executive Order 13045 (62 FR 19885, distribution of power and that before a rule may take effect, the April 23, 1997) applies to any rule that: agency promulgating the rule must responsibilities among the various (1) Is determined to be ‘‘economically submit a rule report, which includes a levels of government.’’ significant,’’ as defined under Executive copy of the rule, to each House of the Under section 6 of Executive Order Order 12866, and (2) concerns an Congress and to the Comptroller General 13132, EPA may not issue a regulation environmental health or safety risk that of the United States. The EPA will that has federalism implications, that EPA has reason to believe may have a submit a report containing this action imposes substantial direct compliance disproportionate effect on children. If and other required information to the costs, and that is not required by statute, the regulatory action meets both criteria, U.S. Senate, the U.S. House of unless the Federal government provides we must evaluate the environmental Representatives, and the Comptroller the funds necessary to pay the direct health or safety effects of the planned General of the United States prior to compliance costs incurred by State and rule on children and explain why the local governments, or EPA consults with planned regulation is preferable to other publication of the correcting State and local officials early in the potentially effective and reasonably amendments in the Federal Register. process of developing the proposed feasible alternatives. The direct final amendments are not a regulation. The EPA also may not issue We interpret Executive Order 13045 ‘‘major rule’’ as defined by 5 U.S.C. a regulation that has federalism as applying only to those regulatory 804(2). implications and that preempts State actions that are based on health or safety List of Subjects in 40 CFR Part 63 law unless the EPA consults with State risks, such that the analysis required and local officials early in the process under section 5–501 of the Executive Environmental protection, of developing the proposed regulation. Order has the potential to influence the Administrative practice and procedure, The direct final amendments do not regulation. The direct final amendments Air pollution control, Reporting and have federalism implications. They do are not subject to Executive Order 13045 recordkeeping requirements. not have substantial direct effects on the because the existing rule is based on Dated: August 25, 2004. States, on the relationship between the technology performance and not on Michael O. Leavitt, national government and the States, or health or safety risks. Administrator. on the distribution of power and I responsibilities among the various H. Executive Order 13211: Actions That For the reasons stated in the preamble, levels of government, as specified in Significantly Affect Energy Supply, title 40, chapter I, part 63 of the Code of Executive Order 13132. None of the Distribution, or Use Federal Regulations is amended as affected plants are owned or operated by The direct final amendments are not follows: State governments. Thus, the subject to Executive Order 13211 (66 FR PART 63—[AMENDED] requirements of section 6 of the 28355, May 22, 2001) because they are Executive Order do not apply to the not a significant regulatory action under I 1. The authority citation for part 63 direct final amendments. Executive Order 12866. continues to read as follows:

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Authority: 42 U.S.C. 7401 et seq. § 63.1512 Performance test/compliance Where: demonstration requirements and µ Subpart RRR—[Amended] procedures. E = Emission rate of D/F, g/Mg (gr/ton) of feed; § 63.1503 [Amended] * * * * * µ (g) Dross-only furnace. The owner or C = Concentration of D/F, g/dscm (gr/ I 2. Section 63.1503 is amended by operator must conduct a performance dscf); removing the definition for the term, test to measure emissions of PM from Q = Volumetric flow rate of exhaust ‘‘Internal runaround.’’ each dross-only furnace at the outlet of gases, dscm/hr (dscf/hr); and I 3. Section 63.1506 is amended by each control device while the unit P = Production rate, Mg/hr (ton/hr). revising paragraphs (d) and (i)(3) to read processes only dross and salt flux as the * * * * * as follows: sole feedstock. I 7. Section 63.1516 is amended by § 63.1506 Operating requirements. * * * * * revising the introductory text of * * * * * I 6. Section 63.1513 is amended by paragraph (b) and paragraph (b)(2)(ii) to (d) Feed/charge weight. The owner or revising paragraph (b) to read as follows: read as follows: operator of each affected source or § 63.1513 Equations for determining § 63.1516 Reports. emission unit subject to an emission compliance. µ * * * * * limit in kg/Mg (lb/ton) or g/Mg (gr/ton) * * * * * of feed/charge must: (b) Excess emissions/summary report. (b) PM, HCl and D/F emission limits. The owner or operator must submit * * * * * (1) Use Equation 7 of this section to (i) * * * semiannual reports according to the determine compliance with an emission requirements in § 63.10(e)(3). Except, (3) Operate each furnace using dross limit for PM or HCl: and salt flux as the sole feedstock. the owner or operator must submit the semiannual reports within 60 days after * * * * * CQK×× E =1 (Eq. 7) the end of each 6-month period instead I 4. Section 63.1510 is amended by P of within 30 days after the calendar half revising the definition of ‘‘Ti’’ for Where: as specified in § 63.10(e)(3)(v). When no Equation 4 in paragraph (t)(4) to read as deviations of parameters have occurred, follows: E = Emission rate of PM or HCl, kg/Mg (lb/ton) of feed; the owner or operator must submit a § 63.1510 Monitoring requirements. C = Concentration of PM or HCl, g/dscm report stating that no excess emissions occurred during the reporting period. * * * * * (gr/dscf); (t) * * * Q = Volumetric flow rate of exhaust * * * * * (4) * * * gases, dscm/hr (dscf/hr); (2) * * * Where: K1 = Conversion factor, 1 kg/1,000 g (1 (ii) For each dross-only furnace: lb/7,000 gr); and * * * * * ‘‘Only dross and salt flux were used as P = Production rate, Mg/hr (ton/hr). Ti = The total amount of feed, or the charge materials in any dross-only aluminum produced, for emission (2) Use Equation 7A of this section to furnace during this reporting period.’’ unit i for the 24-hour period (tons determine compliance with an emission * * * * * or Mg); limit for D/F: I 8. Table 2 to Subpart RRR of Part 63 is * * * * * CQ× amended by revising the following I 5. Section 63.1512 is amended by E = (Eq. 7A) ‘‘Group 1 furnace’’ entries to read as revising paragraph (g) to read as follows: P follows:

TABLE 2 TO SUBPART RRR OF PART 63.—SUMMARY OF OPERATING REQUIREMENTS FOR NEW AND EXISTING AFFECTED SOURCES AND EMISSION UNITS

Affected source/emission unit Monitor type/operation/process Operating requirements

******* Group 1 furnace with lime-injected fabric filter Bag leak detector or Initiate corrective action within 1-hr of alarm; (including those that are part of a secondary operate such that alarm does not sound of aluminum processing unit).. more than 5% of operating time in 6-month period; complete corrective action in accord- ance with the OM&M plan.b COM ...... Initiate corrective action within 1-hr of a 6- minute average opacity reading of 5% or more; complete corrective action in accord- ance with the OM&M plan.b Fabric filter inlet temperature ...... Maintain average fabric filter inlet temperature for each 3-hour period at or below average temperature during the performance test +14°C (+25° F). Reactive flux injection rate ...... Maintain reactive flux injection rate (kg/Mg) (lb/ ton) at or below rate used during the per- formance test for each furnace cycle.

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TABLE 2 TO SUBPART RRR OF PART 63.—SUMMARY OF OPERATING REQUIREMENTS FOR NEW AND EXISTING AFFECTED SOURCES AND EMISSION UNITS—Continued

Affected source/emission unit Monitor type/operation/process Operating requirements

Lime injection rate ...... Maintain free-flowing lime in the feed hopper or silo at all times for continuous injection systems; maintain feeder setting at level es- tablished at performance test for continuous injection systems. Maintain molten aluminum level ...... Operate sidewell furnaces such that the level of molten metal is above the top of the pas- sage between sidewell and hearth during re- active flux injection, unless the hearth is also controlled. Fluxing in sidewell furnace hearth ...... Add reactive flux only to the sidewell of the furnace unless the hearth is also controlled. Group 1 furnace without add-on controls (in- Reactive flux injection rate ...... Maintain reactive flux injection rate (kg/Mg) (lb/ cluding those that are part of a secondary ton) at or below rate used during the per- aluminum processing unit). formance test for each operating cycle or time period used in the performance test. Site-specific monitoring planc ...... Operate furnace within the range of charge materials, contaminant levels, and param- eter values established in the site-specific monitoring plan. Feed material (melting/holding furnace) ...... Use only clean charge.

******* a *** b OM&M plan—Operation, maintenance, and monitoring plan. c Site-specific monitoring plan. Owner/operators of group 1 furnaces without control devices must include a section in their OM&M plan that documents work practice and pollution prevention measures, including procedures for scrap inspection, by which compliance is achieved with emission limits and process or feed parameter-based operating requirements. This plan and the testing to demonstrate adequacy of the moni- toring plan must be developed in coordination with and approved by the permitting authority.

I 9. Table 3 to Subpart RRR of Part 63 is amended by revising the ‘‘Scrap dryer’’ entry to read as follows:

TABLE 3.—TO SUBPART RRR OF PART 63.—SUMMARY OF MONITORING REQUIREMENTS FOR NEW AND EXISTING AFFECTED SOURCES AND EMISSION UNITS

Affected source/emission unit Monitor type/operation/process Monitoring requirements.

******* Scrap dryer/delacquering kiln/decoating Afterburner operating temperature...... Continuous measurement device to meet specifications in kiln with afterburner and lime-injected § 63.1510(g)(1); record temperature for each 15-minute fabric filter. block; determine and record 3-hr block averages. Afterburner operation ...... Annual inspection of afterburner internal parts; complete re- pairs in accordance with the OM&M plan. Bag leak detector or ...... Install and operate in accordance with ‘‘Fabric Filter Bag Leak Detection Guidance c; record voltage output from bag leak detector. COM ...... Design and Install in accordance with PS–1; collect data in accordance with subpart A of 40 CFR part 63; determine and record 6-minute block averages. Lime injection rate ...... For continuous injection systems, inspect each feed hooper or silo every 8 hours to verify that lime is free flowing; record results of each inspection. If blockage occurs, in- spect every 4 hours for 3 days; return to 8-hour inspec- tions if corrective action results in no further blockage during 3-day period, record feeder setting daily. Fabric filter inlet temperature...... Continous measurement device to meet specifications in § 63.1510(h)(2); record temperatures in 15-minute block averages; determine and record 3-hr block averages.

*******

a *** b OM&M plan—Operation, maintenance, and monitoring plan.

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c Site-specific monitoring plan. Owner/operators of group 1 furnaces without control devices must include a section in their OM&M plan that documents work practice and pollution prevention measures, including procedures for scrap inspection, by which compliance is achieved with emission limits and process or feed parameter-based operating requirements. This plan and the testing to demonstrate adequacy of the moni- toring plan must be developed in coordination with and approved by the permitting authority.

I 10. Appendix A to Subpart RRR of Part Appendix A to Subpart RRR—General 63 is amended by revising the entry for Provisions Applicability to Subpart § 63.10(e)(3) to read as follows: RRR

Applies Citation Requirement to RRR Comment

******* § 63.10(e)(3) ...... Excess Emissions/CMS Performance Yes ...... Reporting deadline given in § 63.1516. Reports.

*******

[FR Doc. 04–20128 Filed 9–2–04; 8:45 am] BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION DATES: Comments must be received on mail address will be automatically AGENCY or before October 4, 2004, unless a captured and included as part of the hearing is requested by September 13, comment that is placed in the public 40 CFR Part 63 2004. If a timely hearing is requested, docket and made available on the [OAR–2002–0084; FRL–7808–1] written comments must be received by Internet. If you submit an electronic October 18, 2004. If a hearing is held, comment, EPA recommends that you National Emission Standards for it will take place on September 20, include your name and other contact Hazardous Air Pollutants for 2004, beginning at 10 a.m. information in the body of your Secondary Aluminum Production ADDRESSES: Submit your comments, comment and with any disk or CD–ROM identified by Docket ID No. OAR–2002– you submit. If EPA cannot read your AGENCY: Environmental Protection 0084, by one of the following methods: comment due to technical difficulties Agency (EPA). • Federal eRulemaking Portal: http:// and cannot contact you for clarification, ACTION: Proposed rule; amendments. www.regulations.gov. Follow the on-line EPA may not be able to consider your instructions for submitting comments. comment. Electronic files should avoid SUMMARY: On March 23, 2000, EPA • Agency Web site: http:// the use of special characters, any form promulgated national emission www.epa.gov/edocket. EDOCKET, EPA’s of encryption, and be free of any defects standards for hazardous air pollutants electronic public docket and comment or viruses. For additional information (NESHAP) for secondary aluminum system, is EPA’s preferred method for about EPA’s public docket visit production under section 112 of the receiving comments. Follow the on-line EDOCKET on-line or see the Federal Clean Air Act (CAA), and on September instructions for submitting comments. Register of May 31, 2002 (67 FR 38102). 24, 2002, and on December 30, 2002, we • E-mail: [email protected]. Docket: All documents in the docket published final amendments to the • Fax: (202) 566–1741. are listed in the EDOCKET index at standards based on two separate • Mail: Air Docket (in duplicate if http://www.epa.gov/edocket. Although settlement agreements. These possible), Environmental Protection listed in the index, some information is amendments further clarify regulatory Agency, Mail code: 6102T, 1200 not publicly available, i.e., CBI or other text, correct errors, and improve Pennsylvania Ave., NW., Washington, information whose disclosure is understanding of the rule requirements DC, 20460, as promulgated. We are making the • Hand Delivery: Air Docket, restricted by statute. Certain other amendments by direct final rule, Environmental Protection Agency, 1301 material, such as copyrighted material, without prior proposal, because we Constitution Avenue, NW., Room B108, is not placed on the Internet and will be view the revisions as noncontroversial Mail code: 6102T, Washington, DC publicly available only in hard copy and anticipate no adverse comments. 20004. Such deliveries are only form. Publicly available docket In the Rules and Regulations section accepted during the Docket’s normal materials are available either of this Federal Register, we are taking hours of operation, and special electronically in EDOCKET or in hard direct final action on the proposed arrangements should be made for copy at the Air Docket, EPA/DC, EPA amendments because we view the deliveries of boxed information. West, Room B102, 1301 Constitution amendments as noncontroversial and Instructions: Direct your comments to Ave., NW, Washington, DC. The Public anticipate no adverse comments. We Docket ID No. OAR–2002–0084. EPA’s Reading Room is open from 8:30 a.m. to have explained our reasons for the policy is that all comments received 4:30 p.m., Monday through Friday, amendments in the preamble to the will be included in the public docket excluding legal holidays. The telephone direct final rule. If we receive no without change and may be made number for the Public Reading Room is significant adverse comments, we will available online at http://www.epa.gov/ (202) 566–1744, and the telephone take no further action on the proposed edocket, including any personal number for the Air Docket is (202) 566– amendments. If we receive significant information provided, unless the 1742. adverse comments, we will withdraw comment includes information claimed FOR FURTHER INFORMATION CONTACT: Mr. only those provisions on which we to be Confidential Business Information Joseph Wood, Minerals and Inorganic received significant adverse comments. (CBI) or other information whose Chemicals Group, Emission Standards We will publish a timely withdrawal in disclosure is restricted by statute. Do Division, Office of Air Quality Planning the Federal Register indicating which not submit information that you and Standards, U.S. EPA, Research provisions will become effective and consider to be CBI or otherwise Triangle Park, NC 27711, telephone which provisions are being withdrawn. protected through EDOCKET, number (919) 541–5446, fax number If part or all of the direct final rule in regulations.gov, or e-mail. The EPA (919) 541–5600, and electronic mail: the Rules and Regulations section of EDOCKET and the federal [email protected]. today’s Federal Register is withdrawn, regulations.gov websites are all comments pertaining to those ‘‘anonymous access’’ systems, which SUPPLEMENTARY INFORMATION: provisions will be addressed in a means EPA will not know your identity Does this action apply to me? This subsequent final rule based on the or contact information unless you action does not affect the applicability proposed amendments. We will not provide it in the body of your comment. of the existing rule as amended on institute a second comment period on If you send an e-mail comment directly December 30, 2002 (67 FR 79808). this action. Any parties interested in to EPA without going through Categories and entities potentially commenting must do so at this time. EDOCKET or regulations.gov, your e- regulated by this action include:

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Category NAICS 1 Examples of regulated entities

Industry ...... 331314 Secondary smelting and alloying of aluminum facilities. Secondary aluminum production facility affected sources that are collocated at: 331312 Primary aluminum production facilities. 331315 Aluminum sheet, plate, and foil manufacturing facilities. 331316 Aluminum extruded product manufacturing facilities. 331319 Other aluminum rolling and drawing facilities. 331521 Aluminum die casting facilities. 331524 Aluminum foundry facilities. 1 North American Industry Classification System.

This table is not intended to be ii. Follow directions—The agency analysis of any rule subject to notice exhaustive, but rather provides a guide may ask you to respond to specific and comment rulemaking requirements, for readers regarding entities likely to be questions or organize comments by under the Administrative Procedure Act regulated by this action. To determine referencing a Code of Federal or another statute, unless the agency whether your facility is regulated by this Regulations (CFR) part or section certifies that the rule will not have a action, you should examine the number. significant economic impact on a applicability criteria in § 63.1500 of the iii. Explain why you agree or disagree; substantial number of small entities. secondary aluminum production suggest alternatives and substitute Small entities include small businesses, NESHAP. If you have any questions language for your requested changes. small organizations, and small regarding the applicability of this action iv. Describe any assumptions and governmental jurisdictions. For to a particular entity, consult the person provide any technical information and/ purposes of assessing the impacts of or data that you used. listed in the preceding FOR FURTHER today’s proposed rule on small entities, INFORMATION CONTACT section. v. If you estimate potential costs or burdens, explain how you arrived at small entity is defined as: (1) A small For further information, please see the your estimate in sufficient detail to business that is a business with less information provided in the direct final allow for it to be reproduced. than 750 employees; (2) a small rule that is located in the ‘‘Rules and vi. Provide specific examples to governmental jurisdiction that is a Regulations’’ section of this Federal illustrate your concerns, and suggest government of a city, county, town, Register publication. alternatives. school district or special district with a What Should I Consider as I Prepare vii. Explain your views as clearly as population of less than 50,000; and (3) My Comments for EPA? possible, avoiding the use of profanity a small organization that is any not-for- or personal threats. profit enterprise which is independently 1. Submitting CBI. Do not submit this viii. Make sure to submit your owned and operated and is not information to EPA through EDOCKET, comments by the comment period dominant in its field. regulations.gov or e-mail. Clearly mark deadline identified. The EPA has also determined that the the part or all of the information that Worldwide Web (WWW). In addition amendments will not have a significant you claim to be CBI. For CBI to being available in the docket, an information in a disk or CD ROM that electronic copy of this proposed rule economic impact on a substantial you mail to EPA, mark the outside of the will also be available on the WWW number of small entities. The direct disk or CD ROM as CBI and then through the Technology Transfer final amendments do not pose any identify electronically within the disk or Network (TTN). Following the requirements or costs on any firm, large CD ROM the specific information that is Administrator’s signature, a copy of the or small. After considering the claimed as CBI. In addition to one action will be posted on the TTN’s economic impacts of today’s proposed complete version of the comment that policy and guidance page for newly rule on small entities, I certify that this includes information claimed as CBI, a proposed or promulgated rules http:// action will not have a significant copy of the comment that does not www.epa.gov/ttn/oarpg. The TTN economic impact on a substantial contain the information claimed as CBI provides information and technology number of small entities. must be submitted for inclusion in the exchange in various areas of air For information regarding other public docket. Information so marked pollution control. If more information administrative requirements for this will not be disclosed except in regarding the TTN is needed, call the action, please see the direct final/final accordance with procedures set forth in TTN HELP line at (919) 541–5384. rule action notice that is located in the 40 CFR part 2. Administrative Requirements ‘‘Rules and Regulations’’ section of this 2. Tips for Preparing Your Comments. Federal Register publication. When submitting comments, remember Regulatory Flexibility Act (RFA), as Dated: August 25, 2004. to: Amended by the Small Business i. Identify the rulemaking by docket Regulatory Enforcement Fairness Act of Michael O. Leavitt, number and other identifying 1996 (SBREFA), 5 U.S.C. 601 et seq. Administrator. information (subject heading, Federal The RFA generally requires an agency [FR Doc. 04–20129 Filed 9–2–04; 8:45 am] Register date, and page number). to prepare a regulatory flexibility BILLING CODE 6560–50–P

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Part IV

Department of the Interior Fish and Wildlife Service

50 CFR Part 20 Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2004–05 Early Season; Final Rule

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DEPARTMENT OF THE INTERIOR tribes, recognition of their authority to Population Status and Harvest regulate hunting by both tribal members The following paragraphs provide a Fish and Wildlife Service and nonmembers on their reservations. brief summary of information on the The guidelines include possibilities for: status and harvest of waterfowl 50 CFR Part 20 (1) On-reservation hunting by both excerpted from various reports. For RIN 1018–AT53 tribal members and nonmembers, with more detailed information on hunting by nontribal members on some methodologies and results, you may Migratory Bird Hunting; Migratory Bird reservations to take place within Federal obtain complete copies of the various Hunting Regulations on Certain frameworks but on dates different from reports at the address indicated under Federal Indian Reservations and those selected by the surrounding ADDRESSES or from our Web site at Ceded Lands for the 2004–05 Early State(s); http://migratorybirds.fws.gov. Season (2) On-reservation hunting by tribal members only, outside of usual Federal Status of Ducks AGENCY: Fish and Wildlife Service, frameworks for season dates and length, Interior. Federal, provincial, and State and for daily bag and possession limits; agencies conduct surveys each spring to ACTION: Final rule. and estimate the size of breeding (3) Off-reservation hunting by tribal SUMMARY: This rule prescribes special populations and to evaluate the members on ceded lands, outside of early season migratory bird hunting conditions of the habitats. These usual framework dates and season regulations for certain tribes on Federal surveys are conducted using fixed-wing length, with some added flexibility in Indian reservations, off-reservation trust aircraft and encompass principal daily bag and possession limits. lands, and ceded lands. This responds breeding areas of North America, and In all cases, the regulations to tribal requests for U.S. Fish and cover over 2.0 million square miles. The established under the guidelines must Wildlife Service (hereinafter Service or Traditional survey area comprises be consistent with the March 10– we) recognition of their authority to Alaska, Canada, and the northcentral September 1 closed season mandated by regulate hunting under established United States, and includes the 1916 Migratory Bird Treaty with guidelines. This rule allows the approximately 1.3 million square miles. Canada. establishment of season bag limits and, The Eastern survey area includes parts In the March 22, 2004, Federal thus, harvest at levels compatible with of Ontario, Quebec, Labrador, Register (69 FR 13440), we requested populations and habitat conditions. Newfoundland, Nova Scotia, Prince that tribes desiring special hunting Edward Island, New Brunswick, New DATES: This rule takes effect on regulations in the 2004–05 hunting September 1, 2004. York, and Maine, an area of season submit a proposal including approximately 0.7 million square miles. ADDRESSES: You may inspect comments details on: received on the proposed special (a) Harvest anticipated under the Breeding Ground Conditions hunting regulations and tribal proposals requested regulations; Most of the U.S. and Canadian during normal business hours in room (b) Methods that would be employed prairies were much drier in May 2004 4107, Arlington Square Building, 4501 to measure or monitor harvest (such as than in May 2003, which was reflected N. Fairfax Drive, Arlington, Virginia. bag checks, mail questionnaires, etc.); in the pond counts for this region. For FOR FURTHER INFORMATION CONTACT: Ron (c) Steps that would be taken to limit the U.S. Prairies and Canadian Prairie W. Kokel, Division of Migratory Bird level of harvest, where it could be and Parkland combined, the May pond Management, U.S. Fish and Wildlife shown that failure to limit such harvest estimate was 3.9 ± 0.2 million, which is Service, (703) 358–1967. would adversely impact the migratory 24% lower than last year’s (P < 0.001) SUPPLEMENTARY INFORMATION: The bird resource; and and 19% below the long-term average (P Migratory Bird Treaty Act (MBTA) of (d) Tribal capabilities to establish and < 0.001). Pond numbers in both Canada July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 enforce migratory bird hunting (2.5 ± 0.1 million) and the United States et seq.), authorizes and directs the regulations. (1.4 ± 0.1 million) were below 2003 Secretary of the Department of the No action is required if a tribe wishes estimates (¥29% in Canada and ¥16% Interior, having due regard for the zones to observe the hunting regulations in the United States; P ≤ 0.033). The of temperature and for the distribution, established by the State(s) in which an number of ponds in Canada was 25% abundance, economic value, breeding Indian reservation is located. We have below the long-term average (P < 0.001). habits, and times and lines of flight of successfully used the guidelines since Unfortunately, last year’s good water migratory game birds, to determine the 1985–86 hunting season. We conditions on the short-grass prairies of when, to what extent, and by what finalized the guidelines beginning with southern Alberta and Saskatchewan did means such birds or any part, nest, or the 1988–89 hunting season (August 18, not continue in 2004, and habitat in egg thereof may be taken, hunted, 1988, Federal Register [53 FR 31612]). these areas went from good last year to captured, killed, possessed, sold, Although the proposed rule included fair or poor this year. Habitat in purchased, shipped, carried, exported, generalized regulations for both early- southern Manitoba ranged from poor in or transported. and late-season hunting, this the east to good in the west, conditions In the August 17, 2004, Federal rulemaking addresses only the early- similar to last year’s. In the Dakotas, a Register (69 FR 51036), we proposed season proposals. Late-season hunting slow drying trend seen over the past few special migratory bird hunting will be addressed in late-September. As years continued, and much of eastern regulations for the 2004–05 hunting a general rule, early seasons begin South Dakota was in poor condition. season for certain Indian tribes, under during September each year and have a Conditions in the Dakotas improved to the guidelines described in the June 4, primary emphasis on such species as the north, and eastern Montana was a 1985, Federal Register (50 FR 23467). mourning and white-winged dove. Late mosaic of poor to good conditions, with The guidelines respond to tribal seasons begin about October 1 or later overall production potential rated only requests for Service recognition of their each year and have a primary emphasis fair. Although prairie areas received reserved hunting rights, and for some on waterfowl. considerable moisture from snow,

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including a late-spring snowstorm in estimates. Compared to the long-term biologists from other survey areas southern regions, the snowmelt was averages, gadwall (2.6 ± 0.2 million; communicated with local biologists to absorbed by the parched ground. +56%), green-winged teal (2.5 ± 0.1 get their impressions of 2004 waterfowl Furthermore, snow and cold during May million; +33%) and shovelers (+32%) production and monitored weather probably adversely affected early nesters were above their 1955–2003 averages (P conditions. Habitat conditions in the and young broods. Many prairie areas < 0.001), as they were in 2003. In 2004, northern and eastern areas are more received abundant water after May northern pintails (2.2 ± 0.2 million; stable because of the deeper, more surveys, but it likely did not alleviate ¥48%) and scaup (3.8 ± 0.2 million; permanent water bodies there. Because dry conditions, because this ¥27%) remained well below their long- temperatures were so cold in May, the precipitation also soaked into the term averages (P < 0.001). Wigeon also outlook for production from these areas ground. Therefore, overall expected were below their long-term average in remains fair in the northern Prairie production from the prairies was only 2004 (¥25%; P < 0.001). Estimates of Provinces, and good to excellent in the poor to fair this year. redheads and canvasbacks were eastern survey area. Spring thaw was exceptionally late unchanged from their previous year and this year in the Northwest Territories, long-term averages (P ≥ 0.396). Fall Flight Estimate northern Alberta, northern The eastern survey area comprises The mid-continent mallard Saskatchewan, and northern Manitoba. strata 51–56 and 62–69. The 2004 total- ± population is composed of mallards This meant that birds that over-flew the duck estimate for this area was 3.9 0.3 from the traditional survey area, prairies due to poor conditions million birds. This estimate was similar Michigan, Minnesota, and Wisconsin, encountered winter-like conditions in to that of last year and the 1996–2003 ± ≥ and is 8.4 0.3 million. This is similar the bush, and nesting may have been average (P 0.102). Estimates for most to the 2003 estimate of 8.8 ± 0.4 million curtailed. This is especially true for individual species were similar to last (P = 0.289). The 2004 mid-continent early-nesting species like mallards and year and to 1996–2003 averages. Only mallard fall-flight index is 9.4 ± 0.1 northern pintails; late nesters should numbers of ring-necked ducks were million, statistically similar to the 2003 have better success. Overall, the bush significantly different from 2003 estimate of 10.3 ± 0.1 million birds (P regions were only fair to marginally estimates, increasing by 67% to 0.7 ± 0.2 ± = 0.467). These indices were based on good for production due to this late million birds (P = 0.095). Wigeon (0.1 revised mid-continent mallard thaw. However, Alaska birds should 0.1 million; ¥61%) and goldeneye (0.4 ± ¥ population models and, therefore, differ produce well due to excellent habitat 0.1 million; 42%) were below their from those previously published. conditions there. Areas south of the 1996–2003 averages (P ≤ 0.052). All Brooks Range experienced a other species were similar to 2003 Status of Geese and Swans widespread, record-setting early spring estimates and 1996–2003 averages. breakup, and flooding of nesting areas We provide information on the Breeding Activity and Production was minimal. population status and productivity of Breeding habitat conditions were Weather and habitat conditions North American Canada geese (Branta generally good to excellent in the during the summer months can canadensis), brant (B. bernicla), snow eastern United States and Canada. influence waterfowl production. Good geese (Chen caerulescens), Ross’s geese Although spring was late in most areas, wetland conditions increase renesting (C. rossii), emperor geese (C. canagica), nesting was not significantly affected effort and brood survival. In general, white-fronted geese (Anser albifrons) because of abundant spring rain and 2004 habitat conditions stabilized or and tundra swans (Cygnus mild temperatures. Production in the improved over most of the traditional columbianus). The timing of spring east was normal in Ontario and the survey area between May and July. This snowmelt in northern goose and swan Maritimes, and slightly below normal in year, we had no traditional July nesting areas varied in 2004, from very Quebec. Production Survey to verify the early early in western Alaska to very late in predictions of our biologists in the field, areas near Hudson Bay and in northern Breeding Population Status due to severe budget constraints within Quebec. Reproductive success of geese In the traditional survey area, the total the migratory bird program. However, and swans in areas that experienced duck population estimate (excluding experienced crew leaders in Montana near-average spring phenology might scoters, eiders, long-tailed ducks, and the western Dakotas, the eastern have been reduced by persistent snow mergansers, and wood ducks) was 32.2 Dakotas, southern Alberta, and southern cover and harsh conditions that ± 0.6 million birds, 11% below (P < Saskatchewan returned to their May encompassed a large expanse of 0.001) last year’s estimate of 36.2 ± 0.7 survey areas in early July to migration and staging habitat. Of the 26 million birds, and 3% below the long- qualitatively assess habitat changes populations for which current primary term (1955–2003) average (P = 0.053). between May and July. Biologists from population indices were available, 7 Mallard abundance was 7.4 ± 0.3 other survey areas communicated with populations (Atlantic Population, million birds, which was similar to last local biologists to get their impressions Aleutian, and 3 temperate-nesting year’s estimate of 7.9 ± 0.3 million birds of 2004 waterfowl production and populations of Canada geese; Pacific (P = 0.177) and the long-term average (P monitored weather conditions. Habitat Population white-fronted geese; and = 0.762). Blue-winged teal abundance in some portions of the prairies, Eastern Population tundra swans) was 4.1 ± 0.2 million birds. This value particularly in the Dakotas and Alberta, displayed significant positive trends, was 26% below last year’s estimate of improved between May and July and only Short Grass Prairie Population 5.5 ± 0.3 million birds (P < 0.001) and because of abundant summer rain. Canada geese displayed a significant 10% below the long-term average (P = However, there were few birds in these negative trend over the most recent 10- 0.073). Of the other duck species, only areas because many had left the prairies year period. The forecast for production estimates of northern shovelers (2.8 ± in the early spring when habitat of geese and swans in North America in 0.2 million) and American wigeon (2.0 conditions were dry. Therefore, the 2004 is improved from 2003 in the ± 0.1 million) were significantly production potential from most prairie Pacific Flyway, but similar to, or lower different from 2003 estimates (P < areas ranged from poor to good and was than, 2003 for the remainder of North 0.003), and both were 22% below 2003 generally worse than in 2003. Pilot America.

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Waterfowl Harvest and Hunter Activity 87 Stat. 884), provides that, ‘‘The 1998, and 2004. The primary source of During the 2003–04 hunting season, Secretary shall review other programs information about hunter expenditures duck harvest was about the same as the administered by him and utilize such for migratory game bird hunting is the previous year, but goose harvest programs in furtherance of the purposes National Hunting and Fishing Survey, increased. U.S. hunters harvested of this Act’’ (and) shall ‘‘insure that any which is conducted at 5-year intervals. 13,402,000 ducks in 2003 compared to action authorized, funded or carried out The 2004 Analysis was based on the 12,740,000 in 2002, and they harvested * * * is not likely to jeopardize the 2001 National Hunting and Fishing 3,828,000 geese, an increase of 13% continued existence of any endangered Survey and the U.S. Department of over the 3,378,600 geese taken in 2002. species or threatened species or result in Commerce’s County Business Patterns, The five most commonly harvested the destruction or adverse modification from which it was estimated that duck species were mallard (5,019,200), of [critical] habitat. * * *’’ migratory bird hunters would spend green-winged teal (1,516,000), gadwall Consequently, we conducted between $481 million and $1.2 billion at (1,473,800), wood duck (1,234,500), and consultations to ensure that actions small businesses in 2004. Copies of the blue-winged/cinnamon teal (977,600). resulting from these regulations would Analysis are available upon request not likely jeopardize the continued from the address indicated under Comments and Issues Concerning existence of endangered or threatened ADDRESSES or from our Web site at Tribal Proposals species or result in the destruction or http://www.migratorybirds.gov. adverse modification of their critical For the 2004–05 migratory bird Small Business Regulatory Enforcement habitat. Findings from these hunting season, we proposed Fairness Act regulations for 30 tribes and/or Indian consultations are included in a groups that followed the 1985 biological opinion and may have caused This rule is a major rule under 5 guidelines and were considered modification of some regulatory U.S.C. 804(2), the Small Business appropriate for final rulemaking. Some measures previously proposed. The Regulatory Enforcement Fairness Act. of the proposals submitted by the tribes final frameworks reflect any For the reasons outlined above, this rule had both early- and late-season modifications. Our biological opinions has an annual effect on the economy of elements. However, as noted earlier, resulting from this Section 7 $100 million or more. However, because only those with early-season proposals consultation are public documents this rule establishes hunting seasons, we are included in this final rulemaking; 22 available for public inspection at the do not plan to defer the effective date tribes have proposals with early address indicated under ADDRESSES. under the exemption contained in 5 U.S.C. 808 (1) and this rule will be seasons. The comment period for the Executive Order 12866 proposed rule, published on August 16, effective immediately. The migratory bird hunting 2004, closed on August 26, 2004. No Energy Effects—Executive Order 13211 comments were received on the regulations are economically significant proposals. Because of the necessary and were reviewed by the Office of On May 18, 2001, the President issued brief comment period, we will respond Management and Budget (OMB) under Executive Order 13211 on regulations to any comments received on the Executive Order 12866. As such, a cost/ that significantly affect energy supply, proposed rule and/or these regulations benefit analysis was initially prepared distribution, and use. Executive Order in the September late-season final rule. in 1981. This analysis was subsequently 13211 requires agencies to prepare Further, we have not received any revised annually from 1990–1996, and Statements of Energy Effects when comments regarding the notice of intent then updated in 1998. We have updated undertaking certain actions. While this published on March 22, 2004, which again this year. It is further discussed rule is a significant regulatory action announced rulemaking on regulations below under the heading Regulatory under Executive Order 12866, it is not for migratory bird hunting by American Flexibility Act. Results from the 2004 expected to adversely affect energy Indian tribal members. analysis indicate that the expected supplies, distribution, or use. Therefore, welfare benefit of the annual migratory it is not a significant energy action and NEPA Consideration bird hunting frameworks is on the order no Statement of Energy Effects is NEPA considerations are covered by of $734 million to $1.064 billion, with required. a midpoint estimate of $899 million. the programmatic document, ‘‘Final Paperwork Reduction Act Supplemental Environmental Impact Copies of the cost/benefit analysis are Statement: Issuance of Annual available upon request from the address We examined these regulations under Regulations Permitting the Sport indicated under ADDRESSES or from our the Paperwork Reduction Act of 1995. Hunting of Migratory Birds’’ (FSES 88– Web site at http:// We utilize the various recordkeeping 14), filed with the Environmental www.migratorybirds.gov. and reporting requirements imposed Protection Agency on June 9, 1988. We under regulations established in 50 CFR Regulatory Flexibility Act published a Notice of Availability in the part 20, Subpart K, in the formulation of Federal Register on June 16, 1988 (53 These regulations have a significant migratory game bird hunting FR 22582) and our Record of Decision economic impact on substantial regulations. Specifically, OMB has on August 18, 1988 (53 FR 31341). numbers of small entities under the approved the information collection Copies are available from the address Regulatory Flexibility Act (5 U.S.C. 601 requirements of the Migratory Bird indicated under ADDRESSES. In addition, et seq.). We analyzed the economic Harvest Information Program and an August 1985 Environmental impacts of the annual hunting assigned clearance number 1018–0015 Assessment titled ‘‘Guidelines for regulations on small business entities in (expires 10/31/2004). This information Migratory Bird Hunting Regulations on detail as part of the 1981 cost-benefit is used to provide a sampling frame for Federal Indian Reservations and Ceded analysis discussed under Executive voluntary national surveys to improve Lands’’ is available under ADDRESSES. Order 12866. This analysis was revised our harvest estimates for all migratory annually from 1990 through 1995. In game birds in order to better manage Endangered Species Act Considerations 1995, the Service issued a Small Entity these populations. OMB has also Section 7 of the Endangered Species Flexibility Analysis (Analysis), which approved the information collection Act, as amended (16 U.S.C. 1531–1543; was subsequently updated in 1996, requirements of the Sandhill Crane

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Harvest Questionnaire and assigned thereby having an influence on their Therefore, under the authority of the control number 1018–0023 (expires 10/ own regulations. This process preserves Migratory Bird Treaty Act of July 3, 31/2004). The information from this the ability of the States and Tribes to 1918, as amended (40 Stat. 755; 16 survey is used to estimate the determine which seasons meet their U.S.C. 703 et seq.), we prescribe final magnitude and the geographical and individual needs. Further, any State or hunting regulations for certain tribes on temporal distribution of harvest, and the Tribe may be more restrictive than the Federal Indian reservations (including portion it constitutes of the total Federal frameworks at any time. These off-reservation trust lands), and ceded population. A Federal agency may not rules do not have a substantial direct lands. The regulations specify the conduct or sponsor, and a person is not effect on fiscal capacity, change the species to be hunted and establish required to respond to, a collection of roles or responsibilities of Federal or season dates, bag and possession limits, information unless it displays a State governments, or intrude on State season length, and shooting hours for currently valid OMB control number. policy or administration. Therefore, in migratory game birds. accordance with Executive Order 13132, Unfunded Mandates Reform Act these regulations do not have significant List of Subjects in 50 CFR Part 20 We have determined and certify, in federalism effects and do not have compliance with the requirements of the sufficient federalism implications to Exports, Hunting, Imports, Reporting Unfunded Mandates Reform Act, 2 warrant the preparation of a Federalism and recordkeeping requirements, U.S.C. 1502 et seq., that this rulemaking Assessment. Transportation, Wildlife. will not ‘‘significantly or uniquely’’ I Government-to-Government Accordingly, part 20, subchapter B, affect small governments, and will not Relationship With Tribes chapter I of title 50 of the Code of Federal produce a Federal mandate of $100 Regulations is amended as follows: million or more in any given year on Due to the migratory nature of certain local or State government or private species of birds, the Federal government PART 20—[AMENDED] entities. Therefore, this proposed rule is has been given responsibility over these not a ‘‘significant regulatory action’’ species by the MBTA. Thus, in I 1. The authority citation for part 20 under the Unfunded Mandates Reform accordance with the President’s continues to read as follows: Act. memorandum of April 29, 1994, ‘‘Government-to-Government Relations Authority: 16 U.S.C. 703–712 and 16 Civil Justice Reform—Executive Order with Native American Tribal U.S.C. 742 a–j, Pub L. 106–108. 12988 Governments’’ (59 FR 22951) Executive (Note: The following hunting regulations The Department, in promulgating this Order 13175, and 512 DM 2, we have provided for by 50 CFR 20.110 will not proposed rule, has determined that this evaluated possible effects on Federally appear in the Code of Federal Regulations rule will not unduly burden the judicial recognized Indian tribes and have because of their seasonal nature). system and meets the requirements of determined that there are no effects on I sections 3(a) and 3(b)(2) of Executive Indian trust resources. However, by 2. Section 20.110 is revised to read as Order 12988. virtue of the tribal proposals received in follows: response to the March 22, 2004, request Takings Implication Assessment § 20.110 Seasons, limits, and other for proposals and the August 8, 2004, regulations for certain Federal Indian In accordance with Executive Order proposed rule, we have consulted with reservations, Indian Territory, and ceded 12630, these rules, authorized by the all the tribes affected by this rule. lands. MBTA, do not have significant takings Regulations Promulgation implications and do not affect any (a) Colorado River Indian Tribes, constitutionally protected property The rulemaking process for migratory Parker, Arizona (Tribal Members and rights. These rules will not result in the game bird hunting must, by its nature, Nontribal Hunters) operate under severe time constraints. physical occupancy of property, the Doves physical invasion of property, or the However, we intend that the public be regulatory taking of any property. In given the greatest possible opportunity Season Dates: Open September 1, fact, these rules allow hunters to to comment on the regulations. Thus, close September 15, 2004; then open exercise privileges that would be when the preliminary proposed November 12, 2004, close December 26, otherwise unavailable; and, therefore, rulemaking was published, we 2004. reduce restrictions on the use of private established what we believed were the Daily Bag and Possession Limits: For and public property. longest periods possible for public comment. In doing this, we recognized the early season, daily bag limit is 10 Federalism Effects that when the comment period closed, mourning or 10 white-winged doves, Due to the migratory nature of certain time would be of the essence. That is, singly, or in the aggregate. For the late species of birds, the Federal if there were a delay in the effective date season, the daily bag limit is 10 Government has been given of these regulations after this final mourning doves. Possession limits are responsibility over these species by the rulemaking, the tribes would have twice the daily bag limits. MBTA. Annually, we prescribe insufficient time to communicate these General Conditions: A valid Colorado frameworks from which the States make seasons to their member and non-tribal River Indian Reservation hunting permit selections and employ guidelines to hunters and to establish and publicize is required and must be in possession of establish special regulations on Federal the necessary regulations and all persons 14 years and older before Indian reservations and ceded lands. We procedures to implement their taking any wildlife on tribal lands. Any develop the frameworks in a cooperative decisions. We, therefore, find that ‘‘good person transporting game birds off the process with the States and the Flyway cause’’ exists, within the terms of 5 Colorado River Indian Reservation must Councils. This process allows States to U.S.C. 553(d)(3) of the Administrative have a valid transport declaration form. participate in the development of Procedure Act, and these regulations Other tribal regulations apply, and may frameworks from which they will will take effect immediately upon be obtained at the Fish and Game Office ultimately make season selections, publication. in Parker, Arizona.

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(b) Confederated Salish and Kootenai face. Special regulations established by above. For purposes of enforcing bag Tribes, Flathead Indian Reservation, the Crow Creek Sioux Tribe also apply and possession limits, all migratory Pablo, Montana (Tribal Hunters) on the reservation. birds in the possession or custody of band members on ceded lands will be Tribal Members Only (d) Fond du Lac Band of Lake Superior considered to have been taken on those Chippewa Indians, Cloquet, Minnesota Ducks (including mergansers) lands unless tagged by a tribal or State (Tribal Members Only) Season Dates: Open September 1, conservation warden as having been All seasons in Minnesota, 1854 and 2004, close March 9, 2005. taken on-reservation. All migratory Daily Bag and Possession Limits: The 1837 Treaty Zones: birds that fall on reservation lands will Tribe does not have specific bag and Ducks and Mergansers not count as part of any off-reservation bag or possession limit. possession restrictions for Tribal Season Dates: Open September 18, members. The season on harlequin duck 2004, close December 1, 2004. (e) Grand Traverse Band of Ottawa and is closed. Daily Bag Limit for Ducks: 18 ducks, Chippewa Indians, Suttons Bay, Coots including no more than 12 mallards Michigan (Tribal Members Only) (only 6 of which may be hens), 3 black All seasons in Michigan, 1836 Treaty Season Dates: Same as ducks. ducks, 9 scaup, 6 wood ducks; 6 Daily Bag and Possession Limits: Zone: redheads, 3 pintails and 3 canvasbacks. Same as ducks. Daily Bag Limit for Mergansers: 15 Ducks Geese mergansers, including no more than 3 Season Dates: Open September 15, hooded mergansers. Season Dates: Same as ducks. 2004, close January 15, 2005. Daily Bag and Possession Limits: Geese (All species) Daily Bag Limit: 12 ducks, which may include no more than 2 pintail, 2 Same as ducks. Season Dates: Open September 1, General Conditions: Tribal and canvasback, 3 black ducks, 1 hooded close December 1, 2004. merganser, 3 wood ducks, 3 redheads, Nontribal hunters must comply with all Daily Bag Limit: 12 geese. basic Federal migratory bird hunting and 6 mallards (only 3 of which may be regulations contained in 50 CFR part 20 Coots and Common Moorhens hens). (Gallinule) regarding manner of taking. In addition, Canada Geese shooting hours are sunrise to sunset, Season Dates: Open September 18, and each waterfowl hunter 16 years of close December 1, 2004. Season Dates: Open September 1, age or older must carry on his/her Daily Bag Limit: 20 coots and close November 30, 2004, and open person a valid Migratory Bird Hunting common moorhens, singly or in the January 1, 2005, close February 8, 2005. and Conservation Stamp (Duck Stamp) aggregate. Daily Bag Limit: Five geese. signed in ink across the stamp face. Sora and Virginia Rails Other Geese (white-fronted geese, snow Special regulations established by the geese, and brant) Confederated Salish and Kootenai Season Dates: Open September 1, Tribes also apply on the reservation. close December 1, 2004. Season Dates: Open September 20, Daily Bag Limit: 25 sora and Virginia close November 30, 2004. (c) Crow Creek Sioux Tribe, Crow rails, singly or in the aggregate. There is Daily Bag Limit: Five geese. Creek Indian Reservation, Fort no possession limit. Thompson, South Dakota (Tribal Sora Rails, Common Snipe, and Members and Nontribal Hunters) Common Snipe and Woodcock Woodcock Season Dates: Open September 1, Sandhill Cranes Season Dates: Open September 1, close December 1, 2004. close November 14, 2004. Season Dates: Open September 11, Daily Bag Limit: Eight snipe and three Daily Bag Limit: Ten rails, ten snipe, close October 17, 2004. woodcock. and five woodcock. Daily Bag Limit: Three sandhill General Conditions: Mourning Doves cranes. 1. While hunting waterfowl, a tribal Permits: Each person participating in member must carry on his/her person a Season Dates: Open September 1, the sandhill crane season must have a valid tribal waterfowl hunting permit. close November 14, 2004. valid Federal sandhill crane hunting 2. Except as otherwise noted, tribal Daily Bag Limit: Ten mourning doves. permit in their possession while members will be required to comply General Conditions: A valid Grand hunting. with tribal codes that will be no less Traverse Band Tribal license is required restrictive than the provisions of and must be in possession before taking Doves Chapter 10 of the Model Off-Reservation any wildlife. All other basic regulations Season Dates: Open September 1, Code. Except as modified by the Service contained in 50 CFR part 20 are valid. close October 30, 2004. rules adopted in response to this Other tribal regulations apply, and may Daily Bag Limit: 15 mourning doves. proposal, these amended regulations be obtained at the tribal office in General Conditions: The possession parallel Federal requirements in 50 CFR Suttons Bay, Michigan. limit is twice the daily bag limit. Tribal part 20 as to hunting methods, (f) Great Lakes Indian Fish and Wildlife and nontribal hunters must comply with transportation, sale, exportation, and Commission, Odanah, Wisconsin basic Federal migratory bird hunting other conditions generally applicable to (Tribal Members Only) regulations in 50 CFR part 20 regarding migratory bird hunting. shooting hours and manner of taking. In 3. Band members in each zone will Ducks addition, each waterfowl hunter 16 comply with State regulations providing A. Wisconsin and Minnesota 1837 and years of age or over must carry on his/ for closed and restricted waterfowl 1842 Zones: her person a valid Migratory Bird hunting areas. Hunting and Conservation Stamp (Duck 4. There are no possession limits on Season Dates: Begin September 15 Stamp) signed in ink across the stamp any species, unless otherwise noted and end December 1, 2004.

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Daily Bag Limit: 20 ducks, including restrictive than the model ceded (g) Kalispel Tribe, Kalispel Reservation, no more than 10 mallards (only 5 of territory conservation codes approved Usk, Washington (Tribal Members and which may be hens), 4 black ducks, 4 by Federal courts in the Lac Courte Nontribal Hunters) redheads, 4 pintails, and 2 canvasbacks. Oreilles v. State of Wisconsin (Voigt) Nontribal Hunters on Reservation and Mille Lacs Band v. State of B. Michigan 1836 and 1842 Treaty Geese Zones: Minnesota cases. The respective Chapters 10 of these model codes Season Dates: Open September 1, Season Dates: Begin September 15 regulate ceded territory migratory bird 2004, close September 15, 2004, for the and end December 1, 2004. hunting. They parallel Federal early-season, and open October 1, 2004, Daily Bag Limit: 10 ducks, including requirements as to hunting methods, close January 31, 2005, for the late- no more than 5 mallards (only 2 of season. During this period, days to be which may be hens), 2 black ducks, 2 transportation, sale, exportation, and hunted are specified by the Kalispel redheads, 2 pintails, and 1 canvasback. other conditions generally applicable to migratory bird hunting. They also Tribe. Nontribal hunters should contact Mergansers: All Ceded Areas automatically incorporate by reference the Tribe for more detail on hunting Season Dates: Begin September 15 the Federal migratory bird regulations days. and end December 1, 2004. adopted in response to this proposal. Daily Bag and Possession Limits: 5 and 10, respectively, for the early Daily Bag Limit: Five mergansers. C. Particular regulations of note season, and 3 light geese and 4 dark Geese: All Ceded Areas include: geese, for the late season. The daily bag Season Dates: Begin September 1 and 1. Nontoxic shot will be required for limit is 2 brant and is in addition to end December 1, 2004. In addition, any all off-reservation waterfowl hunting by dark goose limits for the late-season. portion of the ceded territory which is tribal members. The possession limit is twice the daily open to State-licensed hunters for goose 2. Tribal members in each zone will bag limit. hunting after December 1 shall also be comply with tribal regulations Tribal Hunters Within Kalispel Ceded open concurrently for tribal members. providing for closed and restricted Lands Daily Bag Limit: 10 geese in the waterfowl hunting areas. These Ducks aggregate. regulations generally incorporate the Other Migratory Birds: All Ceded Areas same restrictions contained in parallel Season Dates: Open September 1, except where noted below. State regulations. 2004, close January 31, 2005. Daily Bag and Possession Limits: 7 3. Possession limits for each species A. Coots and Common Moorhens ducks, including no more than 2 female are double the daily bag limit, except on (Common Gallinules) mallards, 4 scaup, and 2 redheads. The the opening day of the season, when the Season Dates: Begin September 15 seasons on canvasbacks and pintail are possession limit equals the daily bag and end December 1, 2004. closed. The possession limit is twice the limit, unless otherwise noted above. Daily Bag Limit: 20 coots and daily bag limit. Possession limits are applicable only to common moorhens (common Geese gallinules), singly or in the aggregate. transportation and do not include birds which are cleaned, dressed, and at a Season Dates: Open September 1, B. Sora and Virginia Rails member’s primary residence. For 2004, close January 31, 2005. Season Dates: Begin September 15 purposes of enforcing bag and Daily Bag Limit: 3 light geese and 4 and end December 1, 2004. possession limits, all migratory birds in dark geese. The daily bag limit is 2 brant Daily Bag Limit: 25 sora and Virginia the possession and custody of tribal and is in addition to dark goose limits. rails singly, or in the aggregate. members on ceded lands will be General: Tribal members must possess Possession Limit: 25. considered to have been taken on those a validated Migratory Bird Hunting and lands unless tagged by a tribal or State C. Common Snipe Conservation Stamp and a tribal ceded conservation warden as taken on lands permit. Season Dates: Begin September 15 reservation lands. All migratory birds (h) Leech Lake Band of Ojibwe, Cass and end December 1, 2004. that fall on reservation lands will not Lake, Minnesota (Tribal Members Only) Daily Bag Limit: Eight common snipe. count as part of any off-reservation bag D. Woodcock or possession limit. Ducks Season Dates: Begin September 7 and 4. The baiting restrictions can be Season Dates: Open September 15, end December 1, 2004. obtained at the Tribal office in the close December 31, 2004. Daily Bag Limit: Five woodcock. model ceded territory conservation Daily Bag Limits: 10 birds. codes. These codes will be amended to Geese E. Mourning Doves: 1837 and 1842 include language that parallels that in Ceded Territories place for nontribal members as Season Dates: Open September 1, Season Dates: Begin September 1 and published in 64 FR 29804, June 3, 1999. close December 31, 2004. Daily Bag Limits: 10 geese. end October 30, 2004. 5. The shell limit restrictions of the General: Possession limits are twice Daily Bag Limit: Fifteen mourning model ceded territory conservation doves. the daily bag limits. Shooting hours are codes will be removed. General Conditions: one-half hour before sunrise to one-half A. All tribal members will be required D. Michigan—Duck Blinds and hour after sunset. Nontoxic shot is to obtain a valid tribal waterfowl Decoys. Tribal members hunting in required. Use of live decoys, bait, and hunting permit. Michigan will comply with tribal codes commercial use of migratory birds are B. Except as otherwise noted, tribal that contain provisions parallel to prohibited. Waterfowl may not be members will be required to comply Michigan law regarding duck blinds and pursued or taken while using motorized with tribal codes that will be no less decoys. craft.

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(i) Little River Band of Ottawa Indians, redheads, 3 wood ducks, 2 pintail, 1 Daily Bag and Possession Limits: 10 Manistee, Michigan (Tribal Members hooded merganser, and 2 canvasback. and 20 snipe, respectively. Only) Canada Geese Band-tailed Pigeon Canada Geese Season Dates: Open September 1, Season Dates: Open September 15, Season Dates: Open September 1, 2004, close February 8, 2005. 2004, close December 30, 2004. close November 30, 2004, and open Daily Bag Limit: Five geese. Daily Bag and Possession Limits: 2 January 1, close February 8, 2005. White-fronted Geese, Snow Geese, and and 4, respectively. Daily Bag and Possession Limits: Five Brant General Conditions: All hunters Canada geese and possession limit is authorized to hunt migratory birds on twice the daily bag limit. Season Dates: Open September 1, close November 30, 2004. the reservation must obtain a tribal White-fronted Geese, Snow Geese, Ross Daily Bag Limit: 10 of each species. hunting permit from the Tribe. Hunters Geese, and Brant are also required to adhere to a number Sora Rails, Snipe, and Mourning Doves Season Dates: Open September 20, of special regulations available at the close November 30, 2004. Season Dates: Open September 1, tribal office. Daily Bag and Possession Limits: Five close November 14, 2004. (l) Makah Indian Tribe, Neah Bay, Daily Bag Limit: 10 of each species. birds and the possession limit is twice Washington (Tribal Members) the daily bag limit. Woodcock Band-tailed Pigeons Mourning Doves, Rails, Snipe, and Season Dates: Open September 1, Woodcock close November 14, 2004. Season Dates: Open September 1, 2004, close October 31, 2004. Season Dates: Open September 1, Daily Bag Limit: Five woodcock. Daily Bag Limit: Two band-tailed close November 14, 2004. General: Possession limits are twice Daily Bag and Possession Limits: 10 the daily bag limits. pigeons. doves, 10 rails, 10 snipe, and 5 (k) Lower Elwha Klallam Tribe, Port Ducks and Coots woodcock. The possession limit is twice Angeles, Washington (Tribal Members Season Dates: Open September 25, the daily bag limit. Only) General: 2004, close January 19, 2005. A. All tribal members are required to Ducks and Mergansers Daily Bag Limit: Seven ducks obtain a valid tribal resource card and Season Dates: Open September 15, including no more than one redhead, 2004–05 hunting license. 2004, close December 30, 2004. one pintail, and one canvasback. The B. Except as modified by the Service Daily Bag and Possession Limits: seasons on wood duck and harlequin rules adopted in response to this Seven ducks, including no more than are closed. proposal, these amended regulations two hen mallards, one pintail, one Geese parallel all Federal regulations canvasback, one harlequin, and two contained in 50 CFR part 20. redheads. Possession limit is twice the Season Dates: Open September 25, C. Particular regulations of note daily bag limit. 2004, close January 19, 2005. include: Daily Bag Limit: Four. The seasons on (1) Nontoxic shot will be required for Geese Aleutian and dusky Canada geese are all waterfowl hunting by tribal Season Dates: Open September 15, closed. members. 2004, close December 30, 2004. (2) Tribal members in each zone will Daily Bag and Possession Limits: Four General comply with tribal regulations geese, and may include no more than All other Federal regulations providing for closed and restricted three light geese. The season on contained in 50 CFR part 20 would waterfowl hunting areas. These Aleutian Canada geese is closed. apply. The following restrictions are regulations generally incorporate the Possession limit is twice the daily bag also proposed by the Tribe: (1) As per same restrictions contained in parallel limit. Makah Ordinance 44, only shotguns State regulations. Brant may be used to hunt any species of (3) Possession limits for each species waterfowl. Additionally, shotguns must are double the daily bag limit, except on Season Dates: Open November 1, not be discharged within 0.25 miles of the opening day of the season, when the 2004, close February 15, 2005. an occupied area; (2) Hunters must be possession limit equals the daily bag Daily Bag and Possession Limits: Two eligible, enrolled Makah tribal members limit, unless otherwise noted above. brant. Possession limit is twice the daily and must carry their Indian Treaty D. Tribal members hunting in bag limit. Fishing and Hunting Identification Card Michigan will comply with tribal codes Coots while hunting. No tags or permits are that contain provisions parallel to Season Dates: Open September 15, required to hunt waterfowl; (3) The Michigan law regarding duck blinds and Cape Flattery area is open to waterfowl decoys. 2004, close December 30, 2004. Daily Bag Limits: 25 coots. hunting, except in designated (j) The Little Traverse Bay Bands of wilderness areas, or within 1 mile of Odawa Indians, Petoskey, Michigan Mourning Doves Cape Flattery Trail, or in any area that (Tribal Members Only) Season Dates: Open September 15, is closed to hunting by another 2004, close December 30, 2004. ordinance or regulation; (4) The use of Ducks Daily Bag and Possession Limits: 10 live decoys and/or baiting to pursue any Season Dates: Open September 15, and 20 doves, respectively. species of waterfowl is prohibited; (5) 2004, close January 20, 2005. Steel or bismuth shot only for waterfowl Daily Bag Limits: 12 ducks, including Snipe is allowed; the use of lead shot is no more than 6 mallards (only 3 of Season Dates: Open September 15, prohibited; (6) The use of dogs is which may be hens), 3 black ducks, 3 2004, close December 30, 2004. permitted to hunt waterfowl.

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(m) Navajo Indian Reservation, Reservation or on lands under the Daily Bag Limit: 50 ducks, including Window Rock, Arizona (Tribal jurisdiction of the Tribe will observe all no more than 20 mallards (10 of which Members and Nonmembers) basic Federal migratory bird hunting may be hens), 10 black ducks, 10 regulations found in 50 CFR part 20, redheads, 10 pintail, and 8 canvasback. Band-tailed Pigeons with the following exceptions: tribal Coots and Gallinules Season Dates: Open September 1, members are exempt from the purchase close September 30, 2004. of the Migratory Waterfowl Hunting and Season Dates: Same as Ducks. Daily Bag and Possession Limits: 5 Conservation Stamp (Duck Stamp); and Daily Bag Limit: 50, singly or in the and 10 pigeons, respectively. shotgun capacity is not limited to three aggregate. Mourning Doves shells. Sora and Virginia Rails Season Dates: Open September 1, (o) Skokomish Tribe, Shelton, Season Dates: Same as ducks. close September 30, 2004. Washington (Tribal Members Only) Daily Bag Limit: 25 singly or in the Daily Bag and Possession Limits: 10 aggregate. Ducks and Mergansers and 20 doves, respectively. Geese General Conditions: Tribal and Season Dates: Open September 16, nontribal hunters will comply with all 2004, close December 31, 2004. Season Dates: Open September 1, basic Federal migratory bird hunting Daily Bag and Possession Limits: 2004, close December 1, 2004. regulations in 50 CFR Part 20, regarding Seven ducks, including no more than Daily Bag Limit: 25 in the aggregate. two hen mallards, one pintail, one shooting hours and manner of taking. In Woodcock addition, each waterfowl hunter 16 canvasback, one harlequin, and two years of age or over must carry on his/ redheads. Possession limit is twice the Season Dates: Open September 1, her person a valid Migratory Bird daily bag limit. 2004, close December 1, 2004. Daily Bag Limit: Seven. Hunting and Conservation Stamp (Duck Geese Shooting hours are one-half hour Stamp) signed in ink across the face. Season Dates: Open September 16, before sunrise until three-quarters of an Special regulations established by the hour after sunset. Possession limits for Navajo Nation also apply on the 2004, close December 31, 2004. Daily Bag and Possession Limits: Four all species are twice the daily bag limit, reservation. geese, and may include no more than except on opening day of the season (n) Oneida Tribe of Indians of three light geese. The season on when the possession limit equals the Wisconsin, Oneida, Wisconsin (Tribal Aleutian Canada geese is closed. daily bag limit. Members Only) Possession limit is twice the daily bag (q) Squaxin Island Tribe, Squaxin limit. Geese Island Reservation, Shelton, Season Dates: Open September 1, Coots Washington (Tribal Members Only) close November 19, 2004, and open Season Dates: Open September 16, Ducks November 29, close December 31, 2004. 2004, close December 31, 2004. Season Dates: Open September 1, Daily Bag and Possession Limits: Daily Bag Limits: 25 coots. 2004, close January 15, 2005. Three and Six Canada geese, Mourning Doves Daily Bag and Possession Limits: Five respectively. Hunters will be issued Season Dates: Open September 16, ducks, which may include only one three tribal tags for geese in order to canvasback. The season on harlequin monitor goose harvest. An additional 2004, close December 31, 2004. Daily Bag and Possession Limits: 10 ducks is closed. Possession limit is three tags will be issued each time birds twice the daily bag limit. are registered. A season quota of 150 and 20 doves, respectively. birds is adopted. If the quota is reached Snipe Geese before the season concludes, the season Season Dates: Open September 15, will be closed at that time. Season Dates: Open September 16, 2004, close December 31, 2004. 2004, close January 15, 2005. Woodcock Daily Bag and Possession Limits: 8 Daily Bag and Possession Limits: Four and 16 snipe, respectively. geese, and may include no more than Season Dates: Open September 11, two snow geese. The season on Aleutian close November 14, 2004. Band-tailed Pigeon and cackling Canada geese is closed. Daily Bag and Possession Limits: 5 Season Dates: Open September 16, Possession limit is twice the daily bag and 10 woodcock, respectively. 2004, close December 31, 2004. limit. Daily Bag and Possession Limits: 2 Dove Brant Season Dates: Open September 1, and 4, respectively. General Conditions: All hunters Season Dates: Open September 1, 2004, close November 14, 2004. close December 31, 2005. Daily Bag and Possession Limits: 10 authorized to hunt migratory birds on the reservation must obtain a tribal Daily Bag and Possession Limits: Two and 20, respectively. and four brant, respectively. General Conditions: Tribal member hunting permit from the respective shooting hours are one-half hour before Tribe. Hunters are also required to Coots sunrise to one-half hour after sunset. adhere to a number of special regulations available at the tribal office. Season Dates: Open September 1, Nontribal members hunting on the 2004, close January 15, 2005. Reservation or on lands under the (p) Sokaogon Chippewa Community, Daily Bag Limits: 25 coots. jurisdiction of the Tribe must comply Crandon, Wisconsin (Tribal Members with all State of Wisconsin regulations, Only) Snipe including season dates, shooting hours, Season Dates: Open September 15, and bag limits, that differ from tribal Ducks (including Mergansers) 2004, and close January 15, 2005. member seasons. Tribal members and Season Dates: Open September 1, Daily Bag and Possession Limits: 8 nontribal members hunting on the 2004, close December 1, 2004. and 16 snipe, respectively.

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Band-tailed Pigeons apply, and may be obtained at the tribal Sora and Virginia Rails Season Dates: Open September 1, office in Marysville, Washington. Season Dates: Open September 4, close December 31, 2004. (s) Upper Skagit Indian Tribe, Sedro close November 30, 2004. Daily Bag and Possession Limits: 5 Woolley, Washington (Tribal Members Daily Bag Limit: 25 sora and Virginia and 10 pigeons, respectively. Only) rails, singly or in the aggregate. General Conditions: All tribal hunters must obtain a Tribal Hunting Tag and Mourning Dove Common Snipe and Woodcock Permit from the Tribe’s Natural Season Dates: Open September 1, end Season Dates: Open September 4, Resources Department and must have December 31, 2004. close November 30, 2004. the permit, along with the member’s Daily Bag and Possession Limits: 12 Daily Bag Limit: 10 snipe and 10 treaty enrollment card, on his or her and 15 mourning doves, respectively. woodcock. person while hunting. Shooting hours Tribal members must have the tribal are one-half hour before sunrise to one- Mourning Dove identification and harvest report card on half hour after sunset, and steel shot is their person to hunt. Tribal members Season Dates: Open September 4, required for all migratory bird hunting. hunting on the Reservation will observe close November 30, 2004. Other special regulations are available at all basic Federal migratory bird hunting Daily Bag Limit: 25 doves. the tribal office in Shelton, Washington. regulations found in 50 CFR, except General Conditions: Shooting hours (r) Tulalip Tribes of Washington, shooting hours would be one-half hour are one-half hour before sunrise to one- Tulalip Indian Reservation, Marysville, before official sunrise to one-half hour half hour after sunset. Nontoxic shot is Washington (Tribal Members and after official sunset. required. Nontribal Hunters) (t) Wampanoag Tribe of Gay Head, (v) White Mountain Apache Tribe, Fort Tribal Members Aquinnah, Massachusetts (Tribal Apache Indian Reservation, Whiteriver, Members Only) Arizona (Tribal Members and Nontribal Ducks (Including Coots and Mergansers) Hunters) Geese Season Dates: Open September 15, Band-tailed Pigeons (Wildlife 2004, and close February 29, 2005. Season Dates: Open September 11, Management Unit 10 and areas south of Daily Bag and Possession Limits: 7 2004, and close September 25, 2004, Y–70 in Wildlife Management Unit 7, and 14 ducks, respectively, except that and open November 8, 2004, close only) bag and possession limits may include February 21, 2005. no more than 2 female mallards, 1 Season Dates: Open September 1, Daily Bag Limits: 5 Canada geese pintail, 4 scaup, and 2 redheads. close September 15, 2004. during the first period, 3 during the Daily Bag and Possession Limits: Geese second, and 15 snow geese. Three and six pigeons, respectively. Season Dates: Open September 15, General Conditions: Shooting hours 2004, and close February 29, 2005. are one-half hour before sunrise to Mourning Doves (Wildlife Management Daily Bag and Possession Limits: 7 sunset. Nontoxic shot is required. All Unit 10 and areas south of Y–70 in and 14 geese, respectively; except that basic Federal migratory bird hunting Wildlife Management Unit 7, only) the bag limits may not include more regulations contained in 50 CFR will be Season Dates: Open September 1, than 2 brant and 1 cackling Canada observed. close September 15, 2004. goose. The Tribes also set a maximum (u) White Earth Band of Ojibwe, White Daily Bag and Possession Limits: 10 annual bag limit on ducks and geese for Earth, Minnesota (Tribal Members and 20 doves, respectively. those tribal members who engage in Only) General Conditions: All nontribal subsistence hunting of 365 ducks and hunters hunting band-tailed pigeons 365 geese. Ducks and Mergansers and mourning doves on Reservation Snipe Season Dates: Open September 27, lands shall have in their possession a close December 14, 2004. valid White Mountain Apache Daily or Season Dates: Open September 15, Daily Bag Limit for Ducks: 10 ducks, Yearly Small Game Permit. In addition 2004, through February 29, 2005. to a small game permit, all nontribal Daily Bag and Possession Limits: 8 including no more than 2 mallards and 1 canvasback. hunters hunting band-tailed pigeons and 16, respectively. must have in their possession a White Daily Bag Limit for Mergansers: Five General Conditions: All hunters on Mountain Special Band-tailed Pigeon mergansers, including no more than two Tulalip Tribal lands are required to Permit. Other special regulations hooded mergansers. adhere to shooting hour regulations set established by the White Mountain at one-half hour before sunrise to Geese Apache Tribe apply on the reservation. sunset, special tribal permit Tribal and nontribal hunters will requirements, and a number of other Season Dates: Open September 1, close September 24, 2004, and open comply with all basic Federal migratory tribal regulations enforced by the Tribe. bird hunting regulations in 50 CFR Part Nontribal hunters 16 years of age and September 25, 2004, close December 14, 2004. 20 regarding shooting hours and manner older, hunting pursuant to Tulalip of taking. Tribes’ Ordinance No. 67, must possess Daily Bag Limit: Eight geese during a valid Federal Migratory Bird Hunting first season and five during late season. Dated: August 31, 2004. Craig Manson, and Conservation Stamp and a valid Coots State of Washington Migratory Assistant Secretary for Fish and Wildlife and Waterfowl Stamp. Both stamps must be Season Dates: Open September 4, Parks. validated by signing across the face of close November 30, 2004. [FR Doc. 04–20127 Filed 8–31–04; 3:34 pm] the stamp. Other tribal regulations Daily Bag Limit: 20 coots. BILLING CODE 4310–55–P

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Reader Aids Federal Register Vol. 69, No. 171 Friday, September 3, 2004

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

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. 21 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 20...... 53615 Executive Orders: 201...... 53801 The United States Government Manual 741–6000 12333 (See EO 522...... 53617, 53618 13354) ...... 53589 Other Services 12333 (Amended by Proposed Rules: Electronic and on-line services (voice) 741–6020 EO 13355)...... 53593 20...... 53662 Privacy Act Compilation 741–6064 12333 (See EO 22 CFR Public Laws Update Service (numbers, dates, etc.) 741–6043 13356) ...... 53599 TTY for the deaf-and-hard-of-hearing 741–6086 12958 (See EO 22...... 53618 13354) ...... 53589 24 CFR 12958 (See EO ELECTRONIC RESEARCH 24...... 53978 World Wide Web 13356) ...... 53599 13311 (See EO 236...... 53558 Full text of the daily Federal Register, CFR and other publications 13356) ...... 53599 26 CFR is located at: http://www.gpoaccess.gov/nara/index.html 13353...... 53585 1...... 53804 Federal Register information and research tools, including Public 13354...... 53589 Proposed Rules: Inspection List, indexes, and links to GPO Access are located at: 13355...... 53593 1...... 53373, 53664 http://www.archives.gov/federallregister/ 13356...... 53599 26...... 53862 E-mail 7 CFR 28 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 59...... 53784 549...... 53804 an open e-mail service that provides subscribers with a digital 226...... 53502 form of the Federal Register Table of Contents. The digital form 301...... 53335 29 CFR of the Federal Register Table of Contents includes HTML and 457...... 53500 Proposed Rules: PDF links to the full text of each document. 916...... 53791 1210...... 53373 To join or leave, go to http://listserv.access.gpo.gov and select 917...... 53791 Online mailing list archives, FEDREGTOC-L, Join or leave the list 31 CFR (orchange settings); then follow the instructions. 8 CFR 356...... 53619 PENS (Public Law Electronic Notification Service) is an e-mail 215...... 53603 service that notifies subscribers of recently enacted laws. 235...... 53603 33 CFR 252...... 53603 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 117...... 53337, 53805 and select Join or leave the list (or change settings); then follow 14 CFR Proposed Rules: the instructions. 100...... 53373 21...... 53335 117...... 53376 FEDREGTOC-L and PENS are mailing lists only. We cannot 39 ...... 53336, 53603, 53605, respond to specific inquiries. 53607, 53609, 53794 36 CFR Reference questions. Send questions and comments about the 71...... 53614, 53976 7...... 53626, 53630 Federal Register system to: [email protected] 73...... 53795, 53796 The Federal Register staff cannot interpret specific documents or 91...... 53337 38 CFR regulations. 97...... 53798 19...... 53807 Proposed Rules: 20...... 53807 25...... 53841 FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 39 ...... 53366, 53655, 53658, 39 CFR 53335–53602...... 1 53846, 53848, 53853, 53855, 111...... 53641, 53808 53858 53603–53790...... 2 Proposed Rules: 71 ...... 53661, 53860, 53861 53791–53998...... 3 111 ...... 53664, 53665, 53666 16 CFR 40 CFR Proposed Rules: 52...... 53778, 53835 436...... 53661 63...... 53338, 53980 170...... 53341 17 CFR Proposed Rules: Proposed Rules: 51...... 53378 37...... 53367 63...... 53380, 53987 38...... 53367 166...... 53866 210...... 53550 240...... 53550 44 CFR 249...... 53550 64...... 53835 18 CFR 46 CFR 342...... 53800 67...... 53838

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47 CFR 25...... 53838 32...... 53645 51...... 53645 64...... 53346 65...... 53645 73...... 53352 Proposed Rules: 64...... 53382 48 CFR 1871...... 53652 Proposed Rules: 19...... 53780 52...... 53780 49 CFR 171...... 53352 541...... 53354 Proposed Rules: 10...... 53385 395...... 53386 50 CFR 20...... 53564, 53990 600...... 53359 635...... 53359 648...... 53359, 53839 660...... 53359, 53362 679 ...... 53359, 53364, 53653 Proposed Rules: 679...... 53397 680...... 53397

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REMINDERS Respiratory protection— Open for comments until Islands groundfish; The items in this list were Controlled negative further notice; published comments due by 9-10- editorially compiled as an aid pressure REDON fit 5-28-04 [FR 04-12138] 04; published 7-27-04 to Federal Register users. testing protocol; Pears (winter) grown in— [FR 04-16957] Inclusion or exclusion from published 8-4-04 Oregon and Washington; Northeastern United States this list has no legal TRANSPORTATION comments due by 9-7-04; fisheries— significance. DEPARTMENT published 8-16-04 [FR 04- Atlantic sea scallop; Federal Aviation 18615] comments due by 9-10- Administration Prunes (dried) produced in— 04; published 8-26-04 RULES GOING INTO [FR 04-19474] Airworthiness directives: California; comments due by EFFECT SEPTEMBER 3, West Coast States and Airbus; published 7-30-04 9-7-04; published 8-16-04 2004 [FR 04-18611] Western Pacific Empresa Brasileira de fisheries— Aeronautica, S.A. Raisins produced from grapes ENERGY DEPARTMENT grown in— American Samoa; pelagic (EMBRAER); published 7- longline fishery; limited Federal Energy Regulatory California; comments due by 30-04 entry; comments due by Commission 9-7-04; published 7-9-04 Eurocopter France; 9-7-04; published 7-22- [FR 04-15583] Oil pipeline companies published 7-30-04 04 [FR 04-16587] (Interstate Commerce Act): Fokker; published 7-30-04 AGRICULTURE West Coast salmon; DEPARTMENT Oil pipeline rate Standard instrument approach comments due by 9-7- methodologies and procedures; published 9-3- Animal and Plant Health 04; published 8-20-04 procedures; oil pipeline 04 Inspection Service [FR 04-19166] rate index; published 9-3- Plant-related quarantine, West Coast salmon; 04 domestic: comments due by 9-10- RULES GOING INTO FEDERAL Japanese beetle; comments 04; published 8-26-04 COMMUNICATIONS EFFECT SEPTEMBER 4, due by 9-7-04; published [FR 04-19558] COMMISSION 2004 7-6-04 [FR 04-15214] West Coast salmon; Television broadcasting: AGRICULTURE comments due by 9-10- Cable Television Consumer AGRICULTURE DEPARTMENT 04; published 8-26-04 Protection and DEPARTMENT Forest Service [FR 04-19557] Competition Act— Agricultural Marketing National Forest System lands: COURT SERVICES AND Service Direct broadcast satellite Locatable minerals; notice of OFFENDER SUPERVISION public interest Nectarines and peaches intent or plan of AGENCY FOR THE obligations; published 9- grown in— operations filing DISTRICT OF COLUMBIA 3-04 California; published 9-3-04 requirements; comments Semi-annual agenda; Open for HOMELAND SECURITY HOMELAND SECURITY due by 9-7-04; published comments until further DEPARTMENT DEPARTMENT 7-9-04 [FR 04-15483] notice; published 12-22-03 [FR 03-25121] Coast Guard Coast Guard AGRICULTURE DENALI COMMISSION Vessel documentation and Regattas and marine parades: DEPARTMENT National Environmental Policy measurement: Rural Business-Cooperative Susquehana River; Port Act; implementation: Lease financing for Deposit, MD; marine Service Policies and procedures; coastwise trade; published events; published 8-31-04 State Nonmetropolitan Median comments due by 9-9-04; 9-3-04 Household Income; definition TRANSPORTATION published 8-10-04 [FR 04- clarification; comments due INTERIOR DEPARTMENT DEPARTMENT 18100] by 9-8-04; published 8-9-04 Federal Aviation Fish and Wildlife Service [FR 04-18087] ENERGY DEPARTMENT Endangered and threatened Administration AGRICULTURE Energy Efficiency and species: Air carrier certification and DEPARTMENT Renewable Energy Office California tiger salamander; operations: Rural Housing Service Consumer products; energy threatened status Light-sport aircraft conservation program: State Nonmetropolitan Median determination and existing Correction; published 8- Energy conservation Household Income; definition routine ranching activities 18-04 standards—- clarification; comments due exemption; published 8-4- Commercial packaged 04 by 9-8-04; published 8-9-04 COMMENTS DUE NEXT [FR 04-18087] boilers; test procedures Critical habitat WEEK and efficiency designations— AGRICULTURE standards; Open for DEPARTMENT Pierson’s milk-vetch; comments until further AGRICULTURE published 8-4-04 Rural Utilities Service notice; published 12-30- DEPARTMENT State Nonmetropolitan Median JUSTICE DEPARTMENT 99 [FR 04-17730] Agricultural Marketing Household Income; definition ENERGY DEPARTMENT Prisons Bureau Service clarification; comments due Federal Energy Regulatory Inmate control, custody, care, Almonds grown in— by 9-8-04; published 8-9-04 Commission etc.: [FR 04-18087] California; comments due by Electric rate and corporate Over-the-counter (OTC) 9-7-04; published 7-6-04 COMMERCE DEPARTMENT regulation filings: medications; inmate [FR 04-15278] National Oceanic and Virginia Electric & Power access Cherries (tart) grown in— Atmospheric Administration Co. et al.; Open for Correction; published 9-3- Michigan et al.; comments Fishery conservation and comments until further 04 due by 9-7-04; published management: notice; published 10-1-03 LABOR DEPARTMENT 7-9-04 [FR 04-15584] Alaska; fisheries of [FR 03-24818] Occupational Safety and Cotton classing, testing and Exclusive Economic ENVIRONMENTAL Health Administration standards: Zone— PROTECTION AGENCY Safety and health standards, Classification services to Gulf of Alaska and Bering Air quality implementation etc.: growers; 2004 user fees; Sea and Aleutian plans; approval and

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promulgation; various for comments until further microbiological effects on published 2-17-04 [FR 04- States; air quality planning notice; published 9-8-04 bacteria of human health 03374] purposes; designation of [FR 04-12017] concern; Open for OFFICE OF UNITED STATES areas: FEDERAL comments until further TRADE REPRESENTATIVE notice; published 10-27-03 Colorado; comments due by COMMUNICATIONS Trade Representative, Office [FR 03-27113] 9-7-04; published 8-5-04 COMMISSION of United States [FR 04-17656] Medical devices— Common carrier services: Generalized System of Air quality implementation Satellite communications— Dental noble metal alloys Preferences: plans; approval and and base metal alloys; 2003 Annual Product promulgation; various Non-geostationary satellite Class II special Review, 2002 Annual States: orbit mobile satellite controls; Open for service systems; 1.6/2.4 Country Practices Review, South Carolina; comments comments until further GHz bands and previously deferred due by 9-9-04; published notice; published 8-23- redistribution; comments product decisions; 8-10-04 [FR 04-18138] 04 [FR 04-19179] due by 9-8-04; petitions disposition; Open Virginia; comments due by published 8-9-04 [FR HOMELAND SECURITY for comments until further 9-8-04; published 8-9-04 04-18147] DEPARTMENT notice; published 7-6-04 [FR 04-18023] Digital television stations; table Coast Guard [FR 04-15361] Air quality planning purposes; of assignments: Anchorage regulations: TRANSPORTATION designation of areas: Oklahoma; comments due Maryland; Open for DEPARTMENT California; comments due by by 9-9-04; published 7-30- comments until further Federal Aviation 9-10-04; published 8-11- 04 [FR 04-17341] notice; published 1-14-04 Administration 04 [FR 04-18379] [FR 04-00749] Washington; comments due Airspace: Environmental statements; by 9-9-04; published 7-26- HOUSING AND URBAN Brookville, KS; restricted availability, etc.: 04 [FR 04-16891] DEVELOPMENT areas 3601A and 3601B; Coastal nonpoint pollution DEPARTMENT Radio stations; table of modification; comments control program— assignments: Community development block due by 9-7-04; published Minnesota and Texas; grants: Nebraska; comments due by 7-21-04 [FR 04-16521] Open for comments 9-7-04; published 7-29-04 Eligibility and national Airworthiness directives: until further notice; [FR 04-17241] objectives; comments due Airbus; comments due by 9- published 10-16-03 [FR by 9-7-04; published 7-9- 7-04; published 8-5-04 03-26087] FEDERAL DEPOSIT 04 [FR 04-15634] INSURANCE CORPORATION [FR 04-17857] Pesticides; tolerances in food, LABOR DEPARTMENT Community Reinvestment Act; Boeing; Open for comments animal feeds, and raw Veterans Employment and implementation; comments until further notice; agricultural commodities: Training Service due by 9-7-04; published 7- published 8-16-04 [FR 04- Allethrin, etc.; comments Grants: 18641] due by 9-7-04; published 8-04 [FR 04-15526] Services for veterans; state Cessna; comments due by 7-7-04 [FR 04-15211] FEDERAL RESERVE grants funding formula; 9-10-04; published 7-15- SYSTEM Propoxycarbazone-sodium; comments due by 9-7-04; 04 [FR 04-16098] comments due by 9-7-04; Community Reinvestment Act; published 7-6-04 [FR 04- Fokker; comments due by published 7-7-04 [FR 04- implementation; comments 15078] 9-7-04; published 8-6-04 15210] due by 9-7-04; published 7- LIBRARY OF CONGRESS [FR 04-17987] Pyridaben; comments due 8-04 [FR 04-15526] by 9-7-04; published 7-9- Copyright Office, Library of Kaman Aerospace Corp.; GENERAL SERVICES Congress comments due by 9-7-04; 04 [FR 04-15354] ADMINISTRATION Copyright office and published 7-7-04 [FR 04- Sulfuric acid; comments due Acquisition regulations: 15127] by 9-7-04; published 7-7- procedure: Disputes and appeals; 04 [FR 04-15352] Unpublished audio and Pratt & Whitney; comments comments due by 9-7-04; due by 9-7-04; published Superfund program: audiovisual transmission published 7-6-04 [FR 04- programs; acquisition and 7-7-04 [FR 04-15391] National oil and hazardous 15154] deposit; comments due by Raytheon; comments due by substances contingency HEALTH AND HUMAN 9-7-04; published 8-5-04 9-7-04; published 7-22-04 plan— SERVICES DEPARTMENT [FR 04-17939] [FR 04-16684] National priorities list Food and Drug NATIONAL MEDIATION Rolls-Royce Corp.; update; comments due Administration BOARD comments due by 9-7-04; by 9-8-04; published 8- published 7-9-04 [FR 04- 9-04 [FR 04-17874] Food for human consumption: Arbitration programs administration; comments 15508] National priorities list Current good manufacturing due by 9-8-04; published 8- Airworthiness standards: update; comments due practice; meetings; 9-04 [FR 04-18133] by 9-8-04; published 8- comments due by 9-10- Special conditions— 9-04 [FR 04-17875] 04; published 7-2-04 [FR NUCLEAR REGULATORY Garmin AT, Inc. Piper PA- National priorities list 04-15197] COMMISSION 32 airplane; comments update; comments due Human drugs: Environmental statements; due by 9-7-04; by 9-9-04; published 8- Foreign clinical studies not availability, etc.: published 8-5-04 [FR 10-04 [FR 04-18141] conducted under Fort Wayne State 04-17925] National priorities list investigational new drug Developmental Center; Class E airspace; comments update; comments due application; comments due Open for comments until due by 9-10-04; published by 9-9-04; published 8- by 9-8-04; published 6-10- further notice; published 8-11-04 [FR 04-18401] 10-04 [FR 04-18142] 04 [FR 04-13063] 5-10-04 [FR 04-10516] TREASURY DEPARTMENT Water pollution; effluent Reports and guidance SMALL BUSINESS Comptroller of the Currency guidelines for point source documents; availability, etc.: ADMINISTRATION Community Reinvestment Act; categories: Evaluating safety of Disaster loan areas: implementation; comments Meat and poultry products antimicrobial new animal Maine; Open for comments due by 9-7-04; published 7- processing facilities; Open drugs with regard to their until further notice; 8-04 [FR 04-15526]

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TREASURY DEPARTMENT pamphlet) form from the Foreign Assets Control Superintendent of Documents, Office LIST OF PUBLIC LAWS U.S. Government Printing Public Laws Electronic Sudanese and Libyan Office, Washington, DC 20402 Notification Service sanctions regulations and This is a continuing list of (phone, 202–512–1808). The (PENS) Iranian transactions public bills from the current text will also be made regulations: session of Congress which available on the Internet from Agricultural commodities, have become Federal laws. It GPO Access at http:// PENS is a free electronic mail medicine, and medical may be used in conjunction www.gpoaccess.gov/plaws/ notification service of newly devices; export licensing with ‘‘PLUS’’ (Public Laws index.html. Some laws may enacted public laws. To procedures effectiveness; Update Service) on 202–741– not yet be available. subscribe, go to http:// comments due by 9-8-04; 6043. This list is also listserv.gsa.gov/archives/ published 8-9-04 [FR 04- available online at http:// publaws-l.html www.archives.gov/ H.R. 4842/P.L. 108–302 17954] Note: This service is strictly federal—register/public—laws/ TREASURY DEPARTMENT United States-Morocco Free for E-mail notification of new public—laws.html. Thrift Supervision Office Trade Agreement laws. The text of laws is not Community Reinvestment Act; The text of laws is not Implementation Act (Aug. 17, available through this service. implementation; comments published in the Federal 2004; 118 Stat. 1103) PENS cannot respond to due by 9-7-04; published 7- Register but may be ordered specific inquiries sent to this 8-04 [FR 04-15526] in ‘‘slip law’’ (individual Last List August 12, 2004 address.

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