8–19–04 Thursday Vol. 69 No. 160 Aug. 19, 2004

Pages 51355–51546

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i II Federal Register / Vol. 69, No. 160 / Thursday, August 19, 2004

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Contents Federal Register Vol. 69, No. 160

Thursday, August 19, 2004

Agency for International Development Education Department PROPOSED RULES NOTICES Food commodities transfer for use in disaster relief, Agency information collection activities; proposals, economic development, and other assistance, 51404 submissions, and approvals, 51454–51455

Agricultural Research Service Energy Department See Federal Energy Regulatory Commission NOTICES See Western Area Power Administration Meetings: Biotechnology and 21st Century Agriculture Advisory Environmental Protection Agency Committee, 51443 RULES Air quality implementation plans; approval and Agriculture Department promulgation; various States: See Agricultural Research Service Minnesota, 51371–51373 See Animal and Plant Health Inspection Service Utah, 51368–51370 See Forest Service PROPOSED RULES See National Agricultural Statistics Service Air quality implementation plans; approval and promulgation; various States: Animal and Plant Health Inspection Service Utah, 51404–51405 NOTICES NOTICES Uruguay Round Agreement Act: Agency information collection activities; proposals, International sanitary and phytosanitary standard-setting submissions, and approvals, 51461–51464 activities, 51443–51449 Meetings: World Trade Center Expert Technical Review Panel, 51464–51465 Centers for Disease Control and Prevention NOTICES Federal Aviation Administration Meetings: RULES Childhood Lead Poisoning Prevention Advisory Airworthiness directives: Committee, 51466 Eurocopter France, 51358–51362 Clinical Laboratory Improvement Advisory Committee, PROPOSED RULES 51466–51467 Airworthiness directives: Public Health Service Activities and Research at DOE Eurocopter France, 51402–51404 Sites Citizens Advisory Committee, 51467 NOTICES Advisory circulars; availability, etc.: Centers for Medicare & Medicaid Services Aircraft weight and balance control, 51507–51544 NOTICES Federal Communications Commission Agency information collection activities; proposals, RULES submissions, and approvals, 51467–51468 Radio stations; table of assignments: Indiana, 51390 Commerce Department North Carolina, 51390–51391 See National Oceanic and Atmospheric Administration Various States, 51389–51390 See Patent and Trademark Office PROPOSED RULES Radio stations; table of assignments: Comptroller of the Currency Kentucky and Virginia, 51414–51415 RULES Tennessee, 51415 Lending limits: Texas, 51414–51416 Residential real estate and small business loans; pilot program, 51355–51358 Federal Emergency Management Agency RULES Defense Department Flood elevation determinations: Nebraska, 51388–51389 See Navy Department Various States, 51373–51388 PROPOSED RULES Drug Enforcement Administration Flood elevation determinations: NOTICES Alabama, 51405–51406 Applications, hearings, determinations, etc.: Various states, 51406–51414 Barnes, Steven A., M.D., 51474–51475 Georgia Wholesale, 51475–51477 Federal Energy Regulatory Commission Hoxie, David A., M.D., 51477–51479 NOTICES J&H Wholesale, 51480–51481 Applications, hearings, determinations, etc.: Proveedora Jiron, Inc., 51481–51483 Columbia Gas Transmission Corp., 51455

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Columbia Gulf Transmission Co., 51455–51456 Homeland Security Department Gas Technology Institute, 51456 See Federal Emergency Management Agency Iroquois Gas Transmission System, L.P., 51456 North Baja Pipeline, LLC, 51456–51457 Interior Department Penn-Jersey Pipe Line Co. and NUI Utilities, Inc., 51457 See Fish and Wildlife Service PJM Interconnection, LLC, 51457 See Geological Survey Tacoma, WA, 51457–51458 See Land Management Bureau Trunkline Gas Company, LLC, 51458 See Minerals Management Service Internal Revenue Service Federal Maritime Commission NOTICES NOTICES Agency information collection activities; proposals, Agreements filed, 51465–51466 submissions, and approvals, 51545 Federal Motor Carrier Safety Administration International Trade Commission RULES NOTICES Motor carrier safety standards: Import investigations: Commercial driver’s licenses with hazardous materials Frozen or canned warmwater shrimp and prawns from— endorsement; limitations on issuance; compliance Various countries, 51472–51474 date delay, 51391–51393 Natural bristle paintbrushes from— China, 51474 Federal Reserve System NOTICES Justice Department Banks and bank holding companies: See Drug Enforcement Administration Formations, acquisitions, and mergers, 51466 Labor Department Fish and Wildlife Service See Mine Safety and Health Administration NOTICES PROPOSED RULES Endangered and threatened species: Agency information collection activities; proposals, Critical habitat designations— submissions, and approvals, 51483–51484 Committees; establishment, renewal, termination, etc.: Buena Vista Lake shrew, 51417–51442 Employee Welfare and Pension Benefit Plans Advisory Santa Ana sucker, 51416–51417 Council, 51484 Food and Drug Administration Land Management Bureau RULES NOTICES Human drugs: Survey plat filings: Skin protectant products (OTC)— Nebraska, 51471 Astringent products; final monograph, 51362 Wyoming, 51471 NOTICES Agency information collection activities; proposals, Minerals Management Service submissions, and approvals, 51468–51469 NOTICES Reports and guidance documents; availability, etc.: Agency information collection activities; proposals, Independent consultants for biotechnology clinical trial submissions, and approvals, 51471–51472 protocols, 51469–51470 Mine Safety and Health Administration Forest Service NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 51484–51485 submissions, and approvals, 51449–51450 Meetings: National Aeronautics and Space Administration California Coast Provincial Advisory Committee, 51450 NOTICES Lake Tahoe Basin Federal Advisory Committee, 51450– Agency information collection activities; proposals, 51451 submissions, and approvals, 51485–51486 Resource Advisory Committees— National Agricultural Statistics Service Davy Crockett National Forest, 51451 NOTICES Agency information collection activities; proposals, Geological Survey submissions, and approvals, 51451 NOTICES Meetings: National Highway Traffic Safety Administration Scientific Earthquake Studies Advisory Committee, RULES 51470–51471 Motor vehicle safety standards: Fuel system integrity, 51393–51399 Health and Human Services Department Transportation Recall Enhancement, Accountability, and See Centers for Disease Control and Prevention Documentation (TREAD) Act; implementation— See Centers for Medicare & Medicaid Services Tire safety information; correction, 51399–51400 See Food and Drug Administration NOTICES See Substance Abuse and Mental Health Services Agency information collection activities; proposals, Administration submissions, and approvals, 51544–51545

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National Oceanic and Atmospheric Administration National Stock Exchange, 51502–51504 RULES Pacific Exchange, Inc., 51504–51506 Fishery conservation and management: West Coast States and Western Pacific fisheries— Statistical Reporting Service Western Pacific bottomfish and seamount groundfish, See National Agricultural Statistics Service 51400–51401 NOTICES Substance Abuse and Mental Health Services Meetings: Administration Gulf of Mexico Fishery Management Council, 51452 NOTICES New England Fishery Management Council, 51452 Agency information collection activities; proposals, submissions, and approvals, 51470 Navy Department NOTICES Environmental statements; notice of intent: Tennessee Valley Authority Naval Surface Warfare Center Panama City, FL; new and NOTICES increased mission activities, 51453 Environmental statements; notice of intent: Loudon, Meigs, Rhea, and Roane Counties, TN; Watts Bar Nuclear Regulatory Commission Reservoir Integrated Land Plan NOTICES Public scoping meeting, 51506–51507 Meetings; Sunshine Act, 51486–51487 Operating licenses, amendments; no significant hazards Transportation Department considerations; biweekly notices, 51487–51494 See Federal Aviation Administration See Federal Motor Carrier Safety Administration Nuclear Waste Technical Review Board See National Highway Traffic Safety Administration NOTICES Meetings: Treasury Department Yucca Mountain, NV, 51494–51495 See Comptroller of the Currency See Internal Revenue Service Patent and Trademark Office RULES Western Area Power Administration Trademark cases: NOTICES Registrations; amendment and correction requirements, Power rates: 51362–51364 Boulder Canyon Project, 51458–51461 Postal Service RULES Purchasing Manual: Reader Aids Issue 3; availability, 51364–51368 Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, Securities and Exchange Commission and notice of recently enacted public laws. NOTICES Self-regulatory organizations; proposed rule changes: To subscribe to the Federal Register Table of Contents American Stock Exchange LLC, 51495–51498 LISTSERV electronic mailing list, go to http:// International Securities Exchange, Inc., 51498–51500 listserv.access.gpo.gov and select Online mailing list National Association of Securities Dealers, Inc., 51500– archives, FEDREGTOC-L, Join or leave the list (or change 51502 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.

12 CFR 32...... 51355 14 CFR 39...... 51358 Proposed Rules: 39...... 51402 21 CFR 310...... 51362 22 CFR Proposed Rules: 211...... 51404 37 CFR 2...... 51362 39 CFR 601...... 51364 40 CFR 52 (2 documents) ...... 51368, 51371 Proposed Rules: 52...... 51404 44 CFR 65 (3 documents) ...... 51373, 51375, 51380 67 (2 documents) ...... 51382, 51388 Proposed Rules: 67 (2 documents) ...... 51405, 51406 47 CFR 73 (3 documents) ...... 51389, 51390 Proposed Rules: 73 (4 documents) ...... 51414, 51415 49 CFR 383...... 51391 571 (2 documents) ...... 51393, 51399 574...... 51399 586...... 51393 50 CFR 660...... 51400 Proposed Rules: 17 (2 documents) ...... 51416, 51417

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Rules and Regulations Federal Register Vol. 69, No. 160

Thursday, August 19, 2004

This section of the FEDERAL REGISTER 874–5090; Jonathan Fink, Senior extending the pilot program through contains regulatory documents having general Attorney, Bank Activities and Structure, September 11, 2004.2 69 FR 32435 (June applicability and legal effect, most of which (202) 874–5300; or Thomas O’Dea, 10, 2004). We issued the interim rule to are keyed to and codified in the Code of National Bank Examiner, Credit Risk, allow the pilot program to continue, Federal Regulations, which is published under (202) 874–5170. Mailing address: Office uninterrupted, while we reviewed 50 titles pursuant to 44 U.S.C. 1510. of the Comptroller of the Currency, 250 public comments on the proposed rule. E Street, SW., Washington, DC 20219. The Code of Federal Regulations is sold by II. Overview of Comments Received the Superintendent of Documents. Prices of SUPPLEMENTARY INFORMATION: new books are listed in the first FEDERAL The OCC received 13 comments on REGISTER issue of each week. I. Background the proposed rule. Eight comments were Federal statutes and regulations from national banks, most operating in provide that a national bank may make small communities. Two comments DEPARTMENT OF THE TREASURY loans to a single borrower in an amount were submitted by national-level bank up to 15 percent of its unimpaired trade associations; one comment was Office of the Comptroller of the capital and surplus.1 A national bank submitted by a state banking trade Currency also may extend credit up to an association. One comment was from a additional 10 percent of unimpaired major trade association for 12 CFR Part 32 capital and surplus to the same homebuilders; and one comment was [Docket No. 04–21] borrower if the amount of the loan that submitted by a Federal thrift. exceeds the 15 percent limit is secured All of the commenters supported the RIN 1557–AC83 by ‘‘readily marketable collateral.’’ pilot program and favored extending it Twelve CFR part 32 refers to these for three years, although many would Lending Limits Pilot Program lending limits as the ‘‘combined general prefer that the OCC make it permanent. AGENCY: Office of the Comptroller of the limit.’’ The statute and regulation also One commenter, a national bank, stated Currency, Treasury. provide exceptions to the combined that the lending program helped the bank retain customers who want one ACTION: Final rule. general limit for various types of loans and extensions of credit. institution to provide all of their SUMMARY: The Office of the Comptroller Twelve U.S.C. 84 authorizes the OCC financing. A second commenter, also a of the Currency (OCC) is extending for to establish lending limits ‘‘for national bank, stated that the pilot three years the lending limits pilot particular classes or categories of loans’’ program has enabled the bank to remain program (pilot program or program) that that are different from those expressly competitive with state-chartered currently authorizes special lending provided by the statute’s terms. In 2001, institutions with higher lending limits. limits for 1–4 family residential real relying on this authority, the OCC A third commenter, a trade association estate loans and small business loans. published a final rule establishing a for banks, endorsed the pilot program, Under the pilot program, which pilot program with special lending noting that the higher lending limits originated in 2001, eligible national limits for residential real estate loans have allowed community banks to banks with main offices located in states and small business loans. 66 FR 31114 retain customers they may have that prescribe a lending limit for (June 11, 2001) (2001 Final Rule). The otherwise lost to other institutions.3 residential real estate loans or small purpose of the program is to enable III. Description of the Final Rule business loans that is higher than the community banks to remain competitive current Federal limit may apply to take in states that provide their state- 1. Continuation of the Pilot Program part in the program and use the higher chartered institutions with a higher The preamble to the 2001 Final Rule limits. While the program has operated lending limit for these types of loans, stated that, prior to conclusion of the in a safe and sound manner thus far, we while continuing to ensure that banks pilot program, we would evaluate our believe that additional experience with conduct their lending operations in a experiences under the program and the program is needed before we can safe and sound manner. As of the end determine whether, and under what make a long-term determination of June 2004, 178 national banks circumstances, to extend its duration. whether to retain, modify, or rescind headquartered in 23 states had received The proposal to this final rule noted that these special lending limits. approval to participate in the program. banks in the program have not had the Accordingly, the final rule extends the On April 24, 2004, the OCC proposed additional lending authority for a pilot program, as revised by this rule, to extend the pilot program for three sufficient period of time to allow the for an additional three years, until June years beyond its current expiration date 11, 2007. The final rule also expands the of June 11, 2004. 69 FR 21978 (April 23, 2 Under the 2001 Final Rule, national banks with 2004). We proposed this extension to approval to participate in the pilot program could program to include certain agricultural make loans under the program until September 11, loans. gain additional information and experience about the program and to 2004. DATES: Effective Date: August 19, 2004. 3 In the proposed rule, we solicited comment on reach a determination of whether, and whether to expand part 32 beyond its current scope FOR FURTHER INFORMATION CONTACT: under what circumstances, to terminate, (loans made by banks and their domestic operating Stuart Feldstein, Assistant Director, modify, or extend the program. On June subsidiaries) to statutory subsidiaries (e.g., Legislative and Regulatory Activities 10, 2004, the OCC issued an interim rule agricultural credit corporations). We received no Division, (202) 874–5090; Mitchell comment on this question. Nor do we have any indication that this change is required by safety and Plave, Counsel, Legislative and 1 12 U.S.C. 84; 12 CFR part 32 (implementing soundness concerns. Therefore, the final rule does Regulatory Activities Division, (202) section 84). not change the scope of 12 CFR part 32.

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OCC to assess fully the effects of the special lending limits. One commenter to farmers.’’ We adopted this definition program. We also observed that the observed that consolidation has resulted because banks are familiar with the Call limited number of banks in the pilot in fewer, but larger, farms with Report Instructions. program, and the relatively small expanded credit needs. This situation One commenter, a major trade number of quarters of data available for makes the higher lending limit more association for homebuilders, suggested review, made reaching a final important and useful to serving the that we add loans for property conclusion about the program bank’s customers. Another commenter construction and land development premature. For these reasons, we stated that rural banks have significant (construction and development) proposed extending the pilot program expertise in agricultural lending, purposes to the program. The for an additional three years. thereby reducing the risk of loss of the commenter asserted that lending limits As described earlier, all of the agricultural loans they make. Another are problematic for community banks. commenters supported extending the commenter stated that loans to small We did not receive comment from any program. Several commenters also farms present no more risk, and perhaps banks suggesting that banks have been indicated that the pilot program has less risk, than small business loans. disadvantaged due to higher state allowed them to remain competitive or We agree with the commenters that lending limits for construction and retain customers. We continue to the addition of agricultural loans to the development lending. Nor did the believe, however, that more data are pilot program likely will help both the homebuilders association provide such needed before we can adequately community national banks that serve evidence. Moreover, it is our evaluate whether to make the program rural agricultural communities in those supervisory experience that permanent. Therefore, the final rule states with higher lending limits and construction and development loans extends the program for an additional their customers. Moreover, the present more significant risks than do three years until June 11, 2007, with one incremental risk posed by the expansion loans currently in the pilot program. substantive change to include an of the pilot program to include Therefore, we decline to extend the additional special lending limit for farm agricultural loans does not raise program to construction and lending. Banks already approved under significant safety and soundness development loans. the pilot program need not reapply to concerns. It is our supervisory 3. Safeguards continue lending under the program. observation that agricultural loans have At the outset of the pilot program, in 2. Scope of the Pilot Program rates of loss that are similar to, and sometimes lower than, other types of 2001, we adopted a number of The pilot program authorizes an loans. Therefore, the final rule provides safeguards that apply to banks using the eligible national bank to apply for that, in addition to the amount that a authority under the pilot program. For approval to make residential real estate bank may lend to one borrower under example, the amount that a bank may loans and small business loans to a §§ 32.3 (a) and (b), an eligible national lend under the pilot program’s special single borrower in addition to amounts bank may make small farm loans to one limits is subject to an individual that they may already lend to a single borrower in the lesser of the following borrower cap and an aggregate borrower borrower under the existing combined two amounts: 10 percent of its capital cap. Under the individual borrower cap, general limit and special limits in 12 and surplus; or the percent of its capital the total outstanding amount of a bank’s CFR 32.3(a) and (b). Under the pilot and surplus, in excess of 15 percent, loans to one borrower under 12 CFR program, an eligible national bank may that a state bank is permitted to lend 32.3(a) and (b), together with loans make residential loans in an additional under the state lending limit that is made under the program, may not amount up to the lesser of 10 percent of available for small farm loans or exceed 25 percent of the bank’s capital its capital and surplus, or the percent of unsecured loans in the state where the and surplus. The aggregate cap provides its capital and surplus in excess of 15 main office of the national bank is that the total outstanding amount of any percent that a state bank is permitted to located. In no event may a bank lend loan or parts of loans made by a bank lend under the state lending limit that more than $10 million to one borrower to all of its borrowers under the special is available for residential real estate under this authority. The OCC will use limits of the pilot program may not loans or unsecured loans in the state the data we accumulate over the three- exceed 100 percent of the bank’s capital where the main office of the national year extension of the program to and surplus. And, as noted earlier, the bank is located. Similarly, an eligible evaluate the effects of this additional amount a bank may lend to one national bank may make small business authority on participating banks. borrower under the special lending limit loans in an additional amount up to the This final rule defines the term ‘‘small may not exceed $10 million. These caps, lesser of 10 percent of capital and farm loans’’ by referring to the which apply to residential real estate surplus, or the percent of its capital and instructions for preparation of the loans and small business loans banks, surplus in excess of 15 percent that a Consolidated Report of Condition and will now include small farm loans made state bank is permitted to lend under the Income (Call Report Instructions).4 The by a bank under the expanded pilot state lending limit that is available for Call Report Instructions include loans or program. small business loans or unsecured loans extensions of credit ‘‘secured by One commenter suggested that the in the state where the main office of the farmland (including farm residential OCC increase the $10 million individual national bank is located. In each case, and other improvements)’’ or loans or cap to $20 million to broaden the appeal the bank may lend no more than $10 extensions of credit ‘‘to finance of the program and further level the million to a single borrower under the agricultural production and other loans playing field between state and national special authority. The 2001 Final Rule banks. The same commenter also provides specific definitions for 4 The Call Report Instructions are available at recommended expanding the program’s residential real estate loans and small http://www.ffiec.gov. The addition of agricultural aggregate lending cap on all small business loans. 66 FR 31120 (June 11, loans to the pilot program is not intended to expand business and real estate loans from 100 2001); see also 12 CFR 32.2(p) and (r). the program to loans for farm property construction percent to 200 percent of a bank’s and land development. Such loans are currently Several commenters requested that excluded from the definition of ‘‘loans to small capital and surplus. the OCC add agricultural loans as farms.’’ See Call Report Instructions, item 1.b, at We believe that the 100 percent another category of loans eligible for the RC–C–4. aggregate lending cap provides

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significant opportunity for lending on a substantial number of small entities 1532 (Unfunded Mandates Act), under the pilot program and is a and publishes its certification and a requires that an agency prepare a provision that comports with safety and short, explanatory statement in the budgetary impact statement before soundness. As we stated in the Federal Register along with its rule. promulgating any rule likely to result in proposed rule, while the pilot program Pursuant to section 605(b) of the RFA, a Federal mandate that may result in the has operated in a safe and sound the OCC hereby certifies that this final expenditure by state, local, and tribal manner, the data available to the OCC rule will not have a significant governments, in the aggregate, or by the is not of sufficient volume or maturity economic impact on a substantial private sector, of $100 million or more to make a long-term decision about number of small entities for the in any one year. If a budgetary impact whether to modify these safeguards. following reasons. Participation in the statement is required, section 205 of the Therefore, at this time we decline to pilot program is voluntary; the program Unfunded Mandates Act also requires increase the amounts that banks may does not impose new requirements on the agency to identify and consider a lend under the pilot program. During banks; the program confers a benefit; reasonable number of regulatory the course of the next few years, we will and banks that participate in the alternatives before promulgating the consider the effect of the cap on lending program will not experience a rule. The OCC has determined that this under the revised pilot program, e.g., significant economic impact, regardless final rule will not result in expenditures whether agricultural lenders typically of size. Also, to date, only a small by state, local, and tribal governments, make loans under other parts of the fraction of national banks have taken in the aggregate, or by the private sector, pilot program and, if so, whether the part in the program. of $100 million or more in any one year. caps have resulted in a competitive 2. Administrative Procedure Act Accordingly, the OCC has not prepared disadvantage for participating banks. a budgetary impact statement or Under section 553(d) of the specifically addressed the regulatory 4. Application Process Administrative Procedure Act (APA), 5 alternatives considered. A bank is eligible for the pilot U.S.C 553(d), the OCC must generally program only if it is well capitalized, as provide a 30-day delayed effective date 5. Paperwork Reduction Act defined in 12 CFR 6.4(b)(1), and has a for final rules. The OCC may dispense The Office of Management and Budget rating of 1 or 2 under the Uniform with the 30-day delayed effective date (OMB) has reviewed and approved the Financial Institutions Rating System requirement ‘‘for good cause found and collection of information requirements (UFIRS), with at least a rating of 2 for published with the rule.’’ Similarly, contained in the pilot program under asset quality and for management. These section 302 of the Riegle Community control number 1557–0221, in criteria ensure that only banks with Development and Regulatory accordance with the Paperwork sufficient capital and good managerial Improvement Act of 1994 (CDRI), Reduction Act of 1995 (44 U.S.C. 3501 oversight are permitted to use the requires a banking agency to make a rule et seq.). effective on the first day of the calendar increased limits. List of Subjects in 12 CFR Part 32 A bank also must apply and obtain quarter that begins on or after the date the OCC’s approval before it may use on which the regulations are published National banks, Reporting and the special lending limits. The in final form, unless the agency finds recordkeeping requirements. application includes a certification that good cause for an earlier effective date. Authority and Issuance the bank is well capitalized and has the 12 U.S.C. 4802(b)(1). requisite ratings, citation to state law on The OCC finds that there is good I For the reasons set forth in the lending limits, a copy of a written cause to dispense with the two effective preamble, part 32 of chapter I of title 12 resolution by a majority of the bank’s date requirements because a failure to of the Code of Federal Regulations is board of directors approving the use of extend the September 11, 2004, sunset amended to read as follows: the new lending authority, and a date would cause unnecessary PART 32—LENDING LIMITS description of how the board will disruption in the operation of the pilot exercise its continuing responsibility to program. In addition, the purpose of the I 1. The authority citation for part 32 oversee the use of this lending APA and CDRI delayed effective date continues to read as follows: authority. provisions is to afford affected persons a reasonable time to comply with rule Authority: 12 U.S.C. 1 et seq., 12 U.S.C. 84, One commenter suggested that the and 12 U.S.C. 93a. changes. While the final rule expands OCC allow a national bank to self-certify I 2. In § 32.2, paragraph (s) is that it is an eligible bank rather than go the scope of loans a bank may make under the program, the rule makes no redesignated as paragraph (t), and a new through an application process. We paragraph (s) is added to read as follows: believe that the application process is substantive changes to the existing an important tool that allows the OCC lending limits pilot program. Therefore, § 32.2 Definitions. to monitor carefully the banks that wish there is no additional regulatory or * * * * * to participate in the program. Therefore, compliance burden associated with the (s) Small farm loans or extensions of we are maintaining the application final rule for banks that apply to enter credit means ‘‘loans to small farms,’’ as requirement. the program or banks already in the defined in the instructions for pilot program. IV. Regulatory Analysis preparation of the Consolidated Report 3. Executive Order 12866 of Condition and Income. 1. Regulatory Flexibility Act The OCC has determined that this * * * * * Pursuant to section 605(b) of the final rule is not a significant regulatory I 3. Section 32.7 is amended by Regulatory Flexibility Act (RFA), 5 action under Executive Order 12866. removing the phrase ‘‘(a)(1) and (2)’’ each U.S.C. 605(b), the regulatory flexibility place it appears and adding the phrase analysis otherwise required under 4. Unfunded Mandates Reform Act of ‘‘(a)(1), (2), and (3)’’ in its place; revising section 604 of the RFA is not required 1995 Determinations the heading of paragraph (a); if the agency certifies that the rule will Section 202 of the Unfunded redesignating paragraphs (a)(3) and (4) as not have a significant economic impact Mandates Reform Act of 1995, 2 U.S.C. paragraphs (a)(4) and (5); adding a new

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paragraph (a)(3); in paragraph (c), (MGB) baseplate for a crack and attachment hole using a 10x or higher removing the phrase ‘‘the date three replacing the MGB if a crack is found in magnifying glass. Stripping paint from years after September 10, 2001,’’ and the MGB base plate. This amendment is the inspection area is also required, but adding in its place ‘‘September 10, prompted by the discovery of a crack in only before the initial inspection. This 2007,’’; in the first sentence of paragraph a MGB base plate. The actions specified amendment is prompted by the (d), removing the phrase ‘‘residential or in this AD are intended to detect a crack discovery of a crack in the MGB base small business’’ and adding in its place in a MGB base plate and prevent failure plate of a MGB installed in a Model AS– ‘‘residential real estate, small business, of one of the MGB attachment points to 365 N2 helicopter. The cause of the or small farm’’; and in paragraph (e), the frame, which could result in severe crack is under investigation, therefore, removing the phrase ‘‘2004’’ and adding vibration and subsequent loss of control this AD is an interim action until the in its place the phrase ‘‘2007’’ to read as of the helicopter. cause of the crack can be determined. follows: DATES: Effective September 3, 2004. The crack was located very close to the Comments for inclusion in the Rules attachment points of one of the § 32.7 Pilot program for residential real laminated pads, and it propagated to the estate, small business, and small farm Docket must be received on or before loans. October 18, 2004. inside of the MGB base plate and then continued into the MGB casing. This (a) Residential real estate, small ADDRESSES: Use one of the following condition, if not detected, could result business, and small farm loans. addresses to submit comments on this AD: in failure of one of the MGB attachment * * * * * • DOT Docket Web site: Go to points to the frame, which could result (3) In addition to the amount that a in severe vibration and subsequent loss national bank may lend to one borrower http://dms.dot.gov and follow the instructions for sending your comments of control of the helicopter. under § 32.3, an eligible national bank The Direction Generale De L’Aviation may make small farm loans or electronically; • Government-wide rulemaking Web Civile (DGAC), the airworthiness extensions of credit to one borrower in site: Go to http://www.regulations.gov authority for France, notified the FAA the lesser of the following two amounts: and follow the instructions for sending that an unsafe condition may exist on 10 percent of its capital and surplus; or your comments electronically; Eurocopter Model SA 365 N, N1, SA the percent of its capital and surplus, in • Mail: Docket Management Facility; 366 G1, AS 365 N2, N3, and EC 155 B excess of 15 percent, that a State bank U.S. Department of Transportation, 400 and B1 helicopters. The DGAC advises is permitted to lend under the State Seventh Street, SW., Nassif Building, of the discovery of a crack on the MGB lending limit that is available for small Room PL–401, Washington, DC 20590; base plate of a Model AS 365 N2 farm loans or unsecured loans in the • Fax: (202) 493–2251; or helicopter. State where the main office of the • Hand Delivery: Room PL–401 on Eurocopter has issued Alert Telexes: national bank is located. In no event the plaza level of the Nassif Building, • No. 05.00.45, applicable to Model may a bank lend more than $10 million 400 Seventh Street, SW., Washington, 365 N, N1, N2, and N3 helicopters; to one borrower under this authority. DC, between 9 a.m. and 5 p.m., Monday • No. 05.29, applicable to Model 366 * * * * * through Friday, except Federal holidays. G1 helicopters; and • Dated: August 6, 2004. Examining the Dockets No. 05A005, applicable to Model John D. Hawke, Jr., EC 155 B and B1 helicopters, all dated You may examine the docket that Comptroller of the Currency. February 5, 2004. These alert telexes contains the AD, any comments, and specify visually inspecting the MGB [FR Doc. 04–18888 Filed 8–18–04; 8:45 am] other information on the Internet at BILLING CODE 4810–33–P base plate for absence of cracks. In http://dms.dot.gov, or in person at the addition, the alert telexes state that a Docket Management System (DMS) 10x magnifying glass can be used to Docket Offices between 9 a.m. and 5 DEPARTMENT OF TRANSPORTATION facilitate the crack inspection. Also, if in p.m., Monday through Friday, except doubt about the existence of a crack, the Federal holidays. The Docket Office Federal Aviation Administration alert telexes specify inspecting for a (telephone (800) 647–5227) is located on crack using a dye-penetrant crack the plaza level of the Department of 14 CFR Part 39 detection inspection. The DGAC Transportation Nassif Building at the classified these alert telexes as [Docket No. FAA–2004–18850; Directorate street address stated in the ADDRESSES mandatory and issued AD No. UF– Identifier 2004–SW–19–AD; Amendment 39– section. Comments will be available in 2004–023(A), dated February 6, 2004, 13771; AD 2004–16–15] the AD docket shortly after the DMS and AD No. F–2004–023, dated March RIN 2120–AA64 receives them. 3, 2004, to ensure the continued FOR FURTHER INFORMATION CONTACT: Ed airworthiness of these helicopters in Airworthiness Directives; Eurocopter Cuevas, Aviation Safety Engineer, FAA, France. France Model AS–365N2, AS 365 N3, Rotorcraft Directorate, Safety These helicopter models are EC 155B, EC155B1, SA–365N and N1, Management Group, Fort Worth, Texas manufactured in France and are type and SA–366G1 Helicopters 76193–0111, telephone (817) 222–5355, certificated for operation in the United AGENCY: Federal Aviation fax (817) 222–5961. States under the provisions of 14 CFR Administration, DOT. SUPPLEMENTARY INFORMATION: This 21.29 and the applicable bilateral ACTION: Final rule; request for amendment adopts a new AD for agreement. Pursuant to the applicable comments. Eurocopter Model AS–365N2, AS 365 bilateral agreement, the DGAC has kept N3, EC 155B, EC155B1, SA–365N and the FAA informed of the situation SUMMARY: This amendment adopts a N1, and SA–366G1 helicopters. This described above. The FAA has new airworthiness directive (AD) for the action requires visually inspecting the examined the findings of the DGAC, specified Eurocopter France MGB for a crack in the MGB base plate, reviewed all available information, and (Eurocopter) helicopters. This action part number (P/N) 366A32–1062–03 or determined that AD action is necessary requires inspecting the main gearbox P/N 366A32–1062–06, close to the for products of these type designs that

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are certificated for operation in the (the initial inspection plus 199 recurring For the reasons discussed above, I United States. inspections), and one cracked MGB base certify that the regulation: This unsafe condition is likely to exist plate is found requiring the replacement 1. Is not a ‘‘significant regulatory or develop on other helicopters of the of one MGB. This estimate also assumes action’’ under Executive Order 12866; same type design. Therefore, this AD is that a replacement MGB will not need 2. Is not a ‘‘significant rule’’ under the being issued to detect a crack in the to be purchased while a previously- DOT Regulatory Policies and Procedures MGB base plate and prevent failure of installed MGB is being repaired. (44 FR 11034, February 26, 1979); and one of the MGB attachment points to the Comments Invited 3. Will not have a significant frame, which could result in severe economic impact, positive or negative, vibration and subsequent loss of control This AD is a final rule that involves on a substantial number of small entities of the helicopter. This AD requires requirements that affect flight safety and under the criteria of the Regulatory initial and repetitive inspections of the was not preceded by notice and an Flexibility Act. MGB base plate for cracking at various opportunity for public comment; We prepared an economic evaluation short time intervals until its cause can however, we invite you to submit any of the estimated costs to comply with be determined. Various compliance written data, views, or arguments this AD. See the DMS to examine the times are required depending on the regarding this AD. Send your comments economic evaluation. helicopter model. The short compliance to an address listed under ADDRESSES. times involved are required because the Include ‘‘Docket No. FAA–2004–18850; List of Subjects in 14 CFR Part 39 previously described critical unsafe Directorate Identifier 2004–SW–19–AD’’ Air transportation, Aircraft, Aviation condition can adversely affect the at the beginning of your comments. We safety, Safety. controllability or structural integrity of specifically invite comments on the Adoption of the Amendment the helicopter. Therefore, since initial overall regulatory, economic, and repetitive inspections of the MGB environmental, and energy aspects of I Accordingly, pursuant to the authority base plate for cracking are required at the AD. We will consider all comments delegated to me by the Administrator, short time intervals, this AD must be received by the closing date and may the Federal Aviation Administration issued immediately. amend the AD in light of those amends part 39 of the Federal Aviation Since a situation exists that requires comments. Regulations (14 CFR part 39) as follows: the immediate adoption of this We will post all comments we regulation, it is found that notice and receive, without change, to http:// PART 39—AIRWORTHINESS opportunity for prior public comment dms.dot.gov, including any personal DIRECTIVES hereon are impracticable, and that good information you provide. We will also I 1. The authority citation for part 39 cause exists for making this amendment post a report summarizing each continues to read as follows: effective in less than 30 days. substantive verbal contact with FAA We estimate that this AD will affect personnel concerning this AD. Using the Authority: 49 U.S.C. 106(g), 40113, 44701. 142 helicopters and that the initial search function of our docket Web site, § 39.13 [Amended] inspection will take approximately 0.5 you can find and read the comments to work hour. Each recurring inspection any of our dockets, including the name I 2. Section 39.13 is amended by adding will take approximately 0.25 work hour, of the individual who sent the a new airworthiness directive to read as and replacing the MGB, if necessary, comment. You may review the DOT’s follows: will take approximately 4 work hours to complete Privacy Act Statement in the 2004–16–15 Eurocopter France: accomplish, all at an average labor rate Federal Register published on April 11, Amendment 39–13771. Docket No. of $65 per work hour. It will cost 2000 (65 FR 19477–78), or you may visit FAA–2004–18850; Directorate Identifier approximately $25,000 to repair a http://dms.dot.gov. 2004–SW–19–AD. cracked MGB base plate. Based on these We have determined that this AD will Applicability: Eurocopter France Model figures, the total cost impact of the AD not have federalism implications under AS–365N2, AS 365 N3, EC 155B, EC155B1, on U.S. operators is estimated to be Executive Order 13132. This AD will SA–365N and N1, and SA–366G1 helicopters $138,067, assuming that each of the 135 not have a substantial direct effect on with a main gearbox (MGB) base plate, part number (P/N) 366A32–1062–03 or P/N Model AS 365 and SA 366 helicopters the States, on the relationship between 366A32–1062–06, installed, certificated in are inspected 40 times (the initial the national Government and the States, any category. inspection plus 39 recurring or on the distribution of power and Compliance: Required as indicated in the inspections) and each of the 7 Model EC responsibilities among the various following table and before installing a 155 helicopters are inspected 200 times levels of government. replacement main gearbox (MGB).

For... Then... Or... Or...

Model SA–365N and N1, If a MGB is installed that has less If a MGB is installed that has 9,900 If a MGB is installed that is over- and Model SA–366G1 than 9,900 cycles and has never or more cycles and has never hauled or repaired, before further helicopters. been overhauled or repaired. On been overhauled or repaired, be- flight, unless accomplished pre- or before accumulating 9,900 cy- fore further flight, unless accom- viously, and thereafter, at intervals cles, unless accomplished pre- plished previously, and thereafter, not to exceed 15 hours TIS. viously, and thereafter, at intervals at intervals not to exceed 15 hours not to exceed 15 hours time-in- TIS. service (TIS).

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For... Then... Or... Or...

Model AS–365N2 and AS If a MGB is installed that has less If a MGB is installed that has 7,300 If a MGB is installed that has been 365 N3 helicopters. than 7,300 cycles and has never or more cycles and has never overhauled or repaired, before fur- been overhauled or repaired, on or been overhauled or repaired, be- ther flight, and thereafter, at inter- before accumulating 7,300 cycles, fore further flight, and thereafter, at vals not to exceed 15 hours TIS. unless accomplished previously, intervals not to exceed 15 hours and thereafter, at intervals not to TIS. exceed 15 hours TIS. Model EC 155B and If a MGB base plate is installed that If a MGB base plate is installed that EC155B1 helicopters. has less than 2,600 cycles, no has 2,600 or more cycles, unless later than 2,600 cycles, unless ac- accomplished previously, before complished previously, and there- further flight, and thereafter, before after, before the first flight of each the first flight of each day and on day and on or before reaching or before reaching each 9 hours each 9 hours TIS interval during TIS interval during the day. the day. One cycle equates to one helicopter landing in which a landing gear touches the ground.

To detect a crack in the MGB base plate severe vibration and subsequent loss of paint from area ‘‘D’’ on both sides (‘‘B’’ and and prevent failure of a MGB attachment control of the helicopter: ‘‘C’’) of the MGB base plate as depicted in point to the frame, which could result in (a) Before the initial inspection at the time Figure 1. indicated in the compliance table, strip the BILLING CODE 4910–13–P

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(b) At the times indicated in the to Model SA–366G1 helicopters, and Alert (d) To request a different method of compliance table, inspect area ‘‘D’’ of the Telex No. 05A005, applicable to Model EC compliance or a different compliance time MGB base plate for a crack using a 10x or 155B and EC155B1 helicopters, pertain to the for this AD, follow the procedures in 14 CFR higher magnifying glass. subject of this AD. All three alert telexes are 39.19. Contact the Safety Management Group, Note 1: Eurocopter France Alert Telex No. dated February 5, 2004. Rotorcraft Directorate, FAA, for information 05.00.45, applicable to Model AS–365N2, AS (c) If a crack is found in a MGB base plate, about previously approved alternative 365 N3, SA–365N and SA–365N1 remove and replace the MGB with an methods of compliance. helicopters; Alert Telex No. 05.29, applicable airworthy MGB before further flight.

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(e) This amendment becomes effective on FOR FURTHER INFORMATION CONTACT: Dated: August 11, 2004. September 3, 2004. Gerald M. Rachanow, Center for Drug Jeffrey Shuren, Note 2: The subject of this AD is addressed Evaluation and Research (HFD–560), Assistant Commissioner for Policy. in Direction Generale De L’Aviation Civile Food and Drug Administration, 5600 [FR Doc. 04–18975 Filed 8–18–04; 8:45 am] (France) AD No. UF–2004–023(A), dated Fishers Lane, Rockville, MD 20857, BILLING CODE 4160–01–S February 6, 2004, and AD No. F–2004–023, 301–827–2222. dated March 3, 2004. SUPPLEMENTARY INFORMATION: Issued in Fort Worth, Texas, on August 4, DEPARTMENT OF COMMERCE 2004. List of Subjects in 21 CFR Part 310 David A. Downey, Administrative practice and Patent and Trademark Office Manager, Rotorcraft Directorate, Aircraft procedure, Drugs, Labeling, Medical Certification Service. devices, Reporting and recordkeeping 37 CFR Part 2 [FR Doc. 04–18438 Filed 8–18–04; 8:45 am] requirements. [Docket No. 2003–T–023] BILLING CODE 4910–13–C I Therefore, under the Federal Food, RIN 0651–AB67 Drug, and Cosmetic Act and under authority delegated to the Commissioner Changes in the Requirements for DEPARTMENT OF HEALTH AND of Food and Drugs, 21 CFR part 310 is HUMAN SERVICES Amendment and Correction of amended as follows: Trademark Registrations Food and Drug Administration PART 310—NEW DRUGS AGENCY: United States Patent and Trademark Office, Commerce. 21 CFR Part 310 I 1. The authority citation for 21 CFR ACTION: Final rule. [Docket Nos. 1978N–0021 and 1978N–021P] part 310 continues to read as follows: Authority: 21 U.S.C. 321, 331, 351, 352, SUMMARY: The United States Patent and RIN 0910–AF42 353, 355, 360b–360f, 360j, 361(a), 371, 374, Trademark Office (‘‘Office’’) is 375, 379e; 42 U.S.C. 216, 241, 242(a), 262, amending its rules to eliminate the Skin Protectant Drug Products for 263b–263n. requirement that a request for Over-the-Counter Human Use; Final I amendment or correction of a Monograph; Technical Amendment 2. Section 310.545 is amended by revising paragraphs (a)(18)(v)(A) and registration be accompanied by the AGENCY: Food and Drug Administration, (a)(18)(vi)(A) headings and paragraphs original certificate of registration or a HHS. (d)(1) and (d)(11) to read as follows: certified copy thereof, and the requirement that an application to ACTION: Final rule; technical § 310.545 Drug products containing surrender a registration for cancellation amendment. certain active ingredients offered over-the- be accompanied by the original counter (OTC) for certain uses. SUMMARY: The Food and Drug certificate or a certified copy. Administration (FDA) published a (a) * * * DATES: Effective September 20, 2004. document in the Federal Register of (18) * * * FOR FURTHER INFORMATION CONTACT: June 4, 2003 (68 FR 33362), that (v) * * * Cheryl Black, Office of the established a final monograph with (A) Ingredients—Approved as of Commissioner for Trademarks, by conditions under which over-the- November 10, 1993. telephone at (703) 308–8910, ext. 153; or counter (OTC) skin protectant drug by e-mail to [email protected]. * * * * * products are generally recognized as SUPPLEMENTARY INFORMATION: A Notice (vi) * * * safe and effective and not misbranded as of Proposed Rule Making was published part of FDA’s ongoing review of OTC (A) Ingredients—Approved as of in the Federal Register (68 FR 70482) on drug products. That final monograph November 10, 1993. December 18, 2003. No public hearing included OTC skin protectant drug * * * * * was held. Two organizations, two law products for minor cuts, scrapes, burns, (d) * * * firms and two attorneys submitted chapped skin and lips, poison ivy, (1) May 7, 1991, for products subject written comments. poison oak, poison sumac, and insect The Office is amending its rules to bites. That document also amended the to paragraphs (a)(1) through (a)(2)(i), (a)(3)(i), (a)(4)(i), (a)(6)(i)(A), eliminate the requirement that the regulation that lists nonmonograph original certificate of registration or a active ingredients by adding those OTC (a)(6)(ii)(A), (a)(7) (except as covered by paragraph (d)(3) of this section), (a)(8)(i), certified copy thereof accompany a skin protectant ingredients that were request for amendment of a registration, found to be not generally recognized as (a)(10)(i) through (a)(10)(iii), (a)(12)(i) through (a)(12)(iv)(A), (a)(14) through a request for correction of a registration, safe and effective. However, that or an application to surrender a document had an incorrect ‘‘approved (a)(15)(i), and (a)(16) through (a)(18)(i)(A). registration for cancellation. as of’’ date (May 7, 1991, instead of References below to ‘‘the Act,’’ ‘‘the * * * * * November 10, 1993) in Trademark Act,’’ or ‘‘the statute’’ refer to § 310.545(a)(18)(v)(A) and (a)(18)(vi)(A) (11) November 10, 1993, for products the Trademark Act of 1946, 15 U.S.C. in part 310 (21 CFR part 310) and subject to paragraphs (a)(8)(ii), (a)(10)(v) 1051 et seq., as amended. incorrectly added paragraphs (a)(18)(ii) through (a)(10)(vii), (a)(18)(ii) (except through (a)(18)(vi)(A) to § 310.545(d)(1) products that contain ferric subsulfate Requirement for Submission of Original when those paragraphs should have as covered by paragraph (d)(22) of this Certificate of Registration or Certified been included in § 310.545(d)(11). This section) through (a)(18)(v)(A), Copy document corrects those errors. (a)(18)(vi)(A), (a)(22)(ii), (a)(23)(i), The Office is eliminating the DATES: This rule is effective August 19, (a)(24)(i), and (a)(25) of this section. requirement under §§ 2.173, 2.174, and 2004. * * * * * 2.175(b) that a request for amendment or

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correction of a registration under section registration in the Office’s Trademark correction of a registration. Therefore, 7 of the Trademark Act be accompanied electronic database. Two comments these rule changes involve interpretive by the original certificate of registration stated that denying requests to correct rules, or rules of agency practice and or a certified copy thereof. Under the errors in registrations after the one-year procedure under 5 U.S.C. 553(b)(A), and current rules, the Office attaches an limit could result in the loss of prior notice and an opportunity for updated registration certificate showing substantive trademark rights and that public comment were not required the amendment or correction to the maintaining a registration with pursuant to 5 U.S.C. 553(b)(A) (or any original certificate and returns it to the inaccurate information could cause other law). See Bachow registrant. However, the Office believes problems for registrants in establishing Communications Inc. v. FCC, 237 F.3d that requiring the registrant to submit a complete chain of title, seeking foreign 683, 690 (D.C. Cir. 2001) (rules the original certificate or a certified and international trademark rights, and governing an application process are copy for the purpose of physically protecting against trademark ‘‘rules of agency organization, attaching an updated registration infringement. Accordingly, the Office procedure, or practice’’ and exempt certificate, only to return the original has reconsidered this proposed change from the Administrative Procedure Act’s certificate (or certified copy thereof) to and at this time is not imposing a time notice and comment requirement); the owner of record is unnecessary and limit for requests for corrections to Merck & Co., Inc. v. Kessler, 80 F.3d inefficient. Instead, the Office will send registrations under §§ 2.174 and 2.175. 1543, 1549–50, 38 USPQ2d 1347, 1351 the updated registration certificate The benefits of providing accurate (Fed. Cir. 1996) (the rules of practice showing the amendment or correction to information about registrations in the promulgated under the authority of the registrant, and instruct the registrant records of the Office, protecting the former 35 U.S.C. 6(a) (now in 35 U.S.C. to attach it to the certificate of rights of owners to seek correction of 2(b)(2)) are not substantive rules (to registration. The Office will update its errors in registrations and avoiding which the notice and comment own records to show the amendment or possible loss of substantive trademark requirements of the Administrative correction and attach an updated rights due to mistakes in the registration Procedure Act apply)); Fressola v. registration certificate to the printed outweigh the concerns that would Manbeck, 36 USPQ2d 1211, 1215 copy of the registration on file in the warrant a time limit on filing requests (D.D.C. 1995) (‘‘it is doubtful whether Office. for corrections. any of the rules formulated to govern The Office is also eliminating the patent and trade-mark practice are other requirement under § 2.172, that an Discussion of Specific Rules than ‘interpretative rules, general application for surrender of a The Office is amending §§ 2.172, statements of policy, * * * procedure, registration for cancellation under 2.173, 2.174, 2.175, and 2.176. or practice’’ ’ (quoting C.W. Ooms, The section 7 of the Trademark Act be The Office is amending § 2.172 to United States Patent Office and the accompanied by the original certificate, eliminate the requirement that an Administrative Procedure Act, 38 if not lost or destroyed. The requirement application to surrender a trademark Trademark Rep. 149, 153 (1948)). is unnecessary and inefficient. The registration for cancellation be Nevertheless, the Office published a Office will process a request for accompanied by the original certificate notice of proposed rule making in the cancellation regardless of whether the of registration. Federal Register, 68 FR 70482 (Dec. 18, original registration certificate The Office is amending § 2.173 to 2003), and in the Official Gazette of the accompanies the request. If the original eliminate the requirement that the United States Patent Office on January certificate is submitted, the Office will original certificate of registration or a 13, 2004, in order to solicit public destroy the certificate once the certified copy thereof accompany a participation with regard to this rule registration is cancelled. request for amendment of a trademark package. Pursuant to the notice of proposed rule making, the Deputy One-Year Time Limit for Requests for registration. General Counsel for General Law of the Correction of Registrations The Office is amending § 2.174 to eliminate the requirement that the United States Patent and Trademark The proposed amendment to §§ 2.174 original certificate of registration or a Office certified to the Chief Counsel for and 2.175 required registrants to file all certified copy thereof accompany a Advocacy of the Small Business requests for correction of a registration request for correction of a mistake by Administration under the provisions of within one year after the date of the Office in a trademark registration section 605(b) of the Regulatory registration, even where a mistake in a pursuant to section 7(g) of the Flexibility Act that the proposed rule registration resulted from an Office Trademark Act. would not have a significant economic error. This change in practice was The Office is amending § 2.175 to impact on a substantial number of small proposed because granting requests to eliminate the requirement that the entities. No comments were received correct errors in registrations years after original certificate of registration or a which referenced any impact the the date of registration caused confusion certified copy thereof accompany a proposed rules would have on small to examining attorneys and third parties request for correction of a mistake by a entities. who might have previously searched This final rule package does not registrant in a trademark registration Office records and relied on information impose any new fees on members of the pursuant to section 7(g) of the about existing registrations. public. In fact, because this final rule Four comments stated that many of Trademark Act. eliminates the requirement that the mistakes go unnoticed for years after The Office is amending § 2.176 to registrants must submit the original issuance and are not discovered until it change ‘‘Examiner of Trademarks’’ to certificate of registration or a certified is time to file an affidavit of use or ‘‘Post Registration Examiners.’’ copy thereof with a request for excusable nonuse under Section 8 of the Rule Making Requirements amendment, correction, or surrender of Trademark Act. In an example provided a registration, this final rule will lessen by one commenter, a registrant received Regulatory Flexibility Act the financial burden on many an error-free registration certificate and The changes in this final rule relate registrants. In situations where a years later after preparing an affidavit of solely to the procedure to be followed registrant does not have a certified copy use discovered an error on the in requesting an amendment or of his or her own registration, the

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registrant, whether a large or small more entire class(es) but less than the such changes in the registration as to entity, will no longer be required to pay total number of classes may be require republication of the mark. fees to the USPTO to obtain a certified surrendered. Deletion of less than all of (b) An application for such action copy of his or her own registration. the goods or services in a single class must: Accordingly, the Deputy General constitutes amendment of registration as (1) Include the following: Counsel for General Law of the United to that class (see § 2.173). (i) Specification of the mistake for States Patent and Trademark Office has I 3. Amend § 2.173 by revising which correction is sought; certified to the Chief Counsel for paragraph (a) to read as follows: (ii) Description of the manner in Advocacy of the Small Business which it arose; and Administration that the rule changes § 2.173 Amendment of registration. (iii) A showing that it occurred in will not have a significant impact on a (a) A registrant may apply to amend good faith; substantial number of small entities a registration or to disclaim part of the (2) Be signed by the registrant and (Regulatory Flexibility Act, 5 U.S.C. mark in the registration. The registrant verified or include a declaration in 605(b)). must submit a written request accordance with § 2.20; and (3) Be accompanied by the required Executive Order 13132 specifying the amendment or disclaimer. This request must be signed fee. This rule making does not contain by the registrant and verified or * * * * * policies with federalism implications supported by a declaration under § 2.20, I 6. Revise § 2.176 to read as follows: sufficient to warrant preparation of a and accompanied by the required fee. If Federalism Assessment under Executive the amendment involves a change in the § 2.176 Consideration of above matters. Order 13132 (Aug. 4, 1999). mark, the registrant must submit a new The matters in §§ 2.171 to 2.175 will Executive Order 12866 specimen showing the mark as used on be considered in the first instance by the or in connection with the goods or Post Registration Examiners. If the This rule making has been determined services, and a new drawing of the action of the Examiner is adverse, not to be significant for purposes of amended mark. The registration as registrant may petition the Director to Executive Order 12866 (Sept. 30, 1993). amended must still contain registrable review the action under § 2.146. If the Paperwork Reduction Act matter, and the mark as amended must registrant does not respond to an be registrable as a whole. An adverse action of the Examiner within 6 This rule contains no new amendment or disclaimer must not months of the mailing date, the matter information collection or recordkeeping materially alter the character of the will be considered abandoned. requirements under the Paperwork mark. Reduction Act of 1995 (44 U.S.C. 3501 Dated: August 13, 2004. et seq.). Existing collections of * * * * * Jon W. Dudas, information and recordkeeping I 4. Revise § 2.174 to read as follows: Under Secretary of Commerce for Intellectual requirements have been reviewed and Property and Director of the United States § 2.174 Correction of Office mistake. approved by OMB under OMB Control Patent and Trademark Office. Number 0651–0009, Trademark Whenever a material mistake in a [FR Doc. 04–19016 Filed 8–18–04; 8:45 am] Processing. Notwithstanding any other registration, incurred through the fault BILLING CODE 3510–16–P provision of law, no person is required of the United States Patent and to respond to nor shall a person be Trademark Office, is clearly disclosed subject to a penalty for failure to comply by the records of the Office, a certificate POSTAL SERVICE with a collection of information subject of correction stating the fact and nature to the requirements of the Paperwork of the mistake, signed by the Director or 39 CFR Part 601 Reduction Act unless that collection of by an employee designated by the Issue 3 of the Purchasing Manual; information displays a currently valid Director, shall be issued without charge Incorporation by Reference OMB control number. and recorded. A printed copy of the certificate of correction shall be attached AGENCY: Postal Service. List of Subjects in 37 CFR Part 2 to each printed copy of the registration ACTION: Final rule. Administrative practice and certificate. Thereafter, the corrected procedure, Trademarks. certificate shall have the same effect as SUMMARY: The Postal Service announces I For the reasons given in the preamble if it had been originally issued in the the publication of Issue 3 of the Postal and under the authority contained in 35 corrected form. In the discretion of the Service Purchasing Manual. Issue 3 U.S.C. 2 and 15 U.S.C. 1123, as amended, Director, the Office may issue a new supersedes previous editions of the the Office amends part 2 of title 37 as certificate of registration without charge. Purchasing Manual, and is incorporated follows: I 5. Amend § 2.175 by revising by reference in the Code of Federal I 1. The authority citation for 37 CFR paragraphs (a) and (b) to read as follows: Regulations. Part 2 continues to read as follows: § 2.175 Correction of mistake by EFFECTIVE DATE: This final rule is Authority: 15 U.S.C. 1123, 35 U.S.C. 2, registrant. effective on August 19, 2004. The unless otherwise noted. (a) Whenever a mistake has been incorporation by reference of the Purchasing Manual, Issue 3 is approved I 2. Revise § 2.172 to read as follows: made in a registration and a showing has been made that the mistake by the Director of the Federal Register § 2.172 Surrender for cancellation. occurred in good faith through the fault as of August 19, 2004. Upon application by the registrant, of the registrant, the Director may issue FOR FURTHER INFORMATION CONTACT: the Director may permit any registration a certificate of correction. In the Michael J. Harris (202) 268–5653. to be surrendered for cancellation. An discretion of the Director, the Office SUPPLEMENTARY INFORMATION: Issue 1 of application for surrender must be signed may issue a new certificate upon the Purchasing Manual was issued on by the registrant. When there is more payment of the required fee, provided January 31, 1997, as the successor to than one class in a registration, one or that the correction does not involve former USPS Publication 41, the U.S.

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Postal Service Procurement Manual. At rulemaking is proceeding separately and specifically limited in his or her letter that time, purchasing organizations independently, and should not be of delegation, a contracting officer may were advised that, pending the updating considered to be a part of this current award a contract regardless of of contract-writing systems, the notice. commodity group. purchasing organizations could On June 28, 2004 (69 FR 36018), the 1.4.4.a.2 Appointment Authority has determine, subject to specific Postal Service published in the Federal been revised to state that contracting limitations, when and to what extent Register a detailed discussion of the officer appointment officials must keep they may adopt its policies and policy changes and other major features a record of all letters of delegation, procedures. The Purchasing Manual contained in Issue 1 of the Purchasing certificates of appointment, and then became fully effective on January Manual. Subsequently, on July 29, 2004 documentation concerning a contracting 27, 2000. (69 FR 45270) the Postal Service officer’s education, experience and Subsequently, updated editions of the published a detailed discussion of the training related to the individual CO’s Purchasing Manual were issued on policy changes and other major features level. January 31, 2002 (Issue 2), and contained in Issue 2 of the Purchasing 1.4.4.b.3 Qualifications has been December 25, 2003 (Issue 3). Pending Manual. The following is a similar revised in a number of areas to (1) the updating of purchasing support discussion of the most significant specify that a certification as a certified systems for consistency with the new changes in Postal Service purchasing purchase manager from the Institute of policies contained in Issue 3, policy contained in Issue 3. Supply Management meets the purchasing organizations were advised certification requirement for level I that they might adopt the policies and Purchasing Manual Issue 3—Major contracting officer; and (2) establish procedures contained in Issue 3 Policy Changes new training requirements. immediately, or might continue to Overview: Issue 3 of the Postal Service Chapter 2, Purchase Planning: follow the policies and procedures Purchasing Manual continues the efforts 2.1.3.b.2 Responsibilities (Purchase contained in Issue 2. If a purchasing of the Postal Service (1) to reflect the Planning) has been revised to state that organization adopted Issue 3 policies best practices of the private and public the purchase team has the responsibility and procedures for any category or sectors, (2) to streamline the purchasing to maintain and apply the cost and categories of purchases, it would be process and ensure it concentrates on pricing models in order to optimize the required to use those policies and furthering the business and competitive total cost of ownership, and in 2.1.3.b.3, procedures consistently for that category interests of the Postal Service, and (3) to transportation planning matters have or categories, and not revert to previous provide a policy structure that furthers been added as areas in which materials policies and procedures. Contracting the Postal Service’s use of supply chain professionals may offer expertise. officers were required to ensure that management business practices. Issue 3 2.1.5.b Elements (Individual solicitations and other purchasing also contains the cumulative changes Purchase Plans) has been revised to add documents made prospective offerors made to Issue 2 of the Purchasing two elements (subparagraphs 7 and 21) fully aware of the authority (Issue 3 or Manual between January 31, 2002, and that a purchase plan should include. Issue 2, as revised through April 18, December 25, 2003. A discussion of all 2.1.6.c.4 Reviews and Approvals 2002) pursuant to which an individual significant changes contained in Issue 3 (Noncompetitive Purchase Method) has purchase was made. Particular care was is available to all users on the World been revised to clarify approval required that previous versions of Wide Web at http://www.usps.com/ authority for noncompetitive purchases. provisions and clauses were not used in business. 2.1.7.b.3 Developing Strategies purchases made under the policies and Organizational Changes: The (Supplier Selection Strategy) has been procedures of Issue 3, and vice versa. To restructuring of Purchasing and revised to state that purchase teams date, the Postal Service has not formally Materials into Supply Management has should take care to ensure that transitioned from PM Issue 2 to PM resulted in numerous changes in solicitations do not include unnecessary Issue 3 primarily because of problems in organization names (i.e., Purchasing and minimum standards, mandatory feature updating purchasing support systems Materials is now called Supply call outs or other inappropriate for consistency with the new policies Management) and managerial titles and limitations on supplier selection. contained in Issue 3. The end of this authorities. These changes are reflected 2.2.1.c Clauses (Quality transition period will be announced in throughout Purchasing Manual Issue 3. Requirements). This paragraph has been the Federal Register. revised to discuss the use of new The Purchasing Manual is published Purchasing Manual Issue 3—Other Clauses 2–1, Inspection and Acceptance and available to all users on the World Significant Changes and 2–2, Quality Management System. Wide Web at http://www.usps.com/ Chapter 1, Authority, Responsibility These clauses replace previous Clauses business, and contains the Postal and Policy: 1.1.2.b Supply 2–1, Inspection and Acceptance— Service’s purchasing policy. Management Policy Committee. The Supplies, 2–2, Quality Assurance I— It will be noted that on March 24, Supply Management Policy Committee Supplies, 2–3, Quality Assurance II— 2004 (69 FR 13786), the Postal Service (SMPC) replaces the Purchasing Policy Supplies, 2–24, Inspection and published a proposed rule in the Committee. SMPC membership has Acceptance—Supplies—Nonfixed Price, Federal Register entitled ‘‘Purchasing of changed to reflect the SM organization. 2–48, Inspection and Acceptance— Property and Services’’. In this 1.4.1.b.4 Required Approvals has Services, and 2–49, Quality Assurance— document, the Postal Service proposed been revised to state that the Vice Services, all of which have been to amend its regulations in order to President (VP), Supply Management’s deleted. implement the acquisition portions of (SM) approval of a proposed contract 2.2.5.f F.O.B. Points (Delivery and its Transformation Plan (April 2000) award or modification serves as the Acceptance). Subparagraph 1 has been and the similar recommendations of the delegation of authority required by PM revised to state that solicitations should President’s Commission on the United 1.4.2.d Actions Exceeding a Contracting require offerors to include both f.o.b. States Postal Service (July 2003) as they Officer’s Delegated Authority. origin and destination prices for relate to the acquisition of property and 1.4.2.c Delegations of Authority has transportation analysis and that such services. That earlier, ongoing been revised to state that, unless analysis is available from field material

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management specialists and suppliers proposed for debarment are 4.2.5.d.3 Documentation (Best Value Headquarters. Subparagraph 3 has been treated the same as those which are Determinations) has been revised to revised to add shipment base points to debarred or suspended and excluded state that this documentation should the areas that may be specified as f.o.b. from receiving contracts unless other include the extent and result of any destination. treatment is approved by the Vice discussions with the supplier awarded 2.2.10.c Sharing Savings (Value President, Supply Management. In the contract and any other offerors. Engineering). This paragraph has been addition, the VP, SM, may direct the 4.2.7.a Clause 4–1 General Terms and revised to change the sharing scheme to termination for default of any contracts Conditions has been revised to state that one that is based on a negotiated with a supplier which has been replacing subject matter contained in arrangement contained in the contract. debarred, suspended or made ineligible. this clause with the text of a PM clause Paragraph 2.2.10.e Evaluation has been 3.7.1.d Causes for Debarment has addressing the same subject matter does revised to for clarity, and Clause 2–22, been rewritten to add to the causes for not require consultation with counsel. Value Engineering, has been revised to which a supplier may be debarred, and Similar changes are reflected in B.2.1 in reflect these changes. to state that the existence for several of Appendix B, Contract Clauses. 2.2.11 Price Reduction. This new the causes for debarment will be 4.2.7.b Clause 4–2 Contract Terms section states that when they plan to established by a preponderance of the and Conditions Required To Implement award strategically-sourced or long-term evidence. Policies, Statutes, or Executive Orders contracts, purchase teams must consider 3.7.1.e Mitigating Factors is a new has been revised to state (1) that neither the inclusion of new Clauses 2–48, Most section, and contains a series of factors this clause nor any of the clauses added Favored Customer Pricing and 2–49, the VP, SM, should consider when by reference may be modified unless a Cost/Price Reduction. The new clauses deciding whether debarment is deviation has been reviewed and are included in Appendix B. warranted. approved by an individual at a higher 2.2.12 Investment Recovery. This 3.7.1.f Period of Debarment has been level than the contracting officer who new section states that an effective and revised in paragraph 2., to state that the holds deviation approval authority; and efficient investment recovery plan can VP, SM, may refer requests for removal (2) that any changes to paragraph b of further the Postal Service’s supply chain from debarment or a reduction of the this clause (Examination of Records) management goals, and directs purchase period of debarment to the Judicial must be reviewed by assigned counsel teams to include new Provision 2–8, Officer for a hearing and findings of fact and the Office of the Inspector General Investment Recovery, in solicitations which the VP will then consider. before a related deviation request is when it is determined that investment submitted. 3.7.1.g Procedural Requirements for recovery will play a significant role in 4.2.7.d Modifying Clauses has been Debarment has been revised to state that the overall success of the purchase. The revised to agree with the revision to debarment decisions are made based on new provision is included in Appendix 4.2.7.a and 4.2.7.b, above. the preponderance of the evidence, and A. 4.5.5.a.6 Definitions (Information that, if there are questions regarding 2.4.4.h Provision (Cost- Technology) has been revised to provide material facts, that the VP, SM, may (1) Reimbursement Contracts). This new a new definition of this term. seek additional information or (2) paragraph requires purchase teams to 4.5.5.b.6 Security Considerations request the Judicial Officer to hold fact- include new Provision 2–9, Accounting (Information Technology) has been finding hearings on the matter. The VP, System Guidelines—Cost Type revised to state that purchase teams SM, may reject findings when they are Contracts, in all solicitations for cost- ensure that specifications or statements deemed arbitrary or capricious or type contracts the estimated value of of work for IT purchases address the clearly erroneous. which is $100,000 or more. The security aspects of the Business Impact provision requires pre-award review 3.7.1.m Solicitation Provision is a Assessment (BIA). and approval of the potential supplier’s new section that requires that offerors Chapter 5, Contract Pricing: 5.2.12.d cost accounting system by the Postal complete a new paragraph e. of Educational Institutions has been Service’s Inspector General or Provision 4–3, Representations and revised to reference the new Office of representative, and delineates the Certifications, when the contract value Management and Budget Circular (OMB elements required in such accounting is expected to exceed $100,000. Circular A–21) that establishes the systems. The new provision is included Chapter 4, Purchasing: 4.2.2.e indirect cost rates for cost- in Appendix A. Solicitation Provisions. This paragraph reimbursement contracts with Chapter 3, Supplier Relations: 3.3.3.b has been revised to state (1) that when educational institutions and to provide Procurement Lists (Workshops for a purchase team decides to modify, a new source for the Directory of People who are Blind or Severely supplement or add to Provision 4–1, Federal Contract Audit Offices. Disabled) has been revised to state that Standard Solicitation Provisions, or Chapter 6, Contract Administration: additions and deletions to the paragraphs b. and c. of Provision 4–2, 6.1.2.a.7 Contracting Officer Procurement List are published in the Evaluation, counsel need not be Responsibilities (Contract Federal Register as they occur. consulted if a provision already Administration Functions) has been 3.4.5 Department of Veterans Affairs contained in Appendix A, Solicitations, revised to state that, when appropriate, has been revised to provide the proper will replace similar subject matter in the contracting officer is responsible for name of this department. Provision 4–1 or b. and c. of Provision including in the contract file the 3.7 Debarment, Suspension and 4–2; and (2) that counsel should be business reason for a particular action. Ineligibility. This subchapter has been consulted when the evaluation scheme Chapter 7, Bonds, Insurance and revised extensively. Some of the to be used in Provision 4–2 is unusual, Taxes: 7.1.8.g.1 Contract Modifications highlights of the revision are: particularly complex, or there are other (Execution of Bonds) has been revised to 3.7.1.a Definitions contains a new circumstances under which such state that, when a contract modification set of relevant definitions. consultation is advisable. Similar increases the contract price, the supplier 3.7.1.c Treatment of Suppliers on changes are reflected in A.2.1, and the surety must execute a consent the Postal Service and GSA List has Solicitation Contents in Appendix A, of surety and increase the penal amount, been rewritten and now states that Solicitations. and submit it to the contracting officer.

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Chapter 8, Patents and Data Rights: Clause 2–9 Definition of Delivery Service Board of Contract Appeals: No significant changes have been made Terms and Supplier’s Responsibilities These appendices have been revised to in this Chapter. has been revised for clarity. correct obsolete mailing addresses. Chapter 9, Labor Policies: 9.4.5.l Clause 2–22 Value Engineering Liquidated Damages has been revised to Incentive has been revised along the List of Subjects in 39 CFR Part 601 state that, under certain circumstances, lines of 2.2.10.c above. Government procurement, Postal Clauses 2–48 Most Favored when the VP, SM, finds that an Service, Incorporation by reference. assessment of liquidated damages is Customer Pricing and 2–49, Cost/Price incorrect, the VP may adjust the Reduction are two new clauses as I In view of the considerations damages, or release the supplier, lessor discussed in 2.2.11 above. discussed above, the Postal Service or subcontractor from liability when the Clause 3–2 Participation of Small, hereby amends 39 CFR as follows: Minority and Woman-Owned amount of damages is $500 or less. I 9.7.2.e Contracts With a Religious Businesses has been revised in b.(1) by 1. The authority citation for part 601 Corporation, Association, or stating that showing the amount of continues to read as follows: Educational Institution or Society money paid to subcontractors during the Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, (Exempt Contracts) is a new paragraph reporting period is one of the methods 404, 410, 411, 2008, 5001–5605. that states that, when contracting with by which suppliers report I these types of organizations, it is not a subcontracting activity. 2. Section 601.100 is revised to read as violation of Section 202 of Executive Clause 4–1 General Terms and follows: Conditions has been revised by adding Order 11246 to employ individuals of a § 601.100 Purchasing Manual; certain religion to perform work new c.1.(e) which states that the incorporation by reference. connected with the carrying-on of such delivery or performance schedule is one an entity. Previous paragraphs 9.7.2.e of the contractual elements the (a) Section 552(a) of Title 5, U.S.C., and 9.7.2.f are renumbered as 9.7.2.f and contracting officer may change under relating to public information 9.7.2.g. the Changes paragraph of this clause. requirements of the Administrative 9.10 Veterans has been revised as a Paragraph m. has also been revised to Procedure Act, provides in pertinent result of the passage of the Veterans’ state that the debarment, suspension, or part that ‘‘* * * matter reasonably Employment Opportunities Act and the ineligibility of a supplier, its partners, available to the class of persons affected Secretary of Labor’s related officers, or principal owners may thereby is deemed published in the implementing regulations. Clause 9–14 constitute an act of default under the Federal Register when incorporated by Affirmative Action for Special Disabled contract, and that act will not be subject reference therein with the approval of Veterans, Veterans of the Vietnam Era, to notice and cure pursuant to any the Director of the Federal Register.’’ In and Other Eligible Veterans has been termination of default provision of the conformity with that provision, with 39 similarly revised. contract. U.S.C. section 410(b)(1), and as Appendix A, Solicitations: A.2.1 Clause 4–2 Contract Terms and provided in this part, the U.S. Postal Solicitation Contents has been revised Conditions Required To Implement Service hereby incorporates by reference along the lines discussed in 4.2.2.e, Policies, Statutes, or Executive Orders. its Purchasing Manual (PM), Issue 3, above. Paragraph b., Examination of Records, dated December 25, 2003. The Director Provision 2–8 Investment Recovery has been revised. In addition, no of the Federal Register approves this is a new provision and has been added changes may be made to this paragraph incorporation by reference in as discussed in 2.2.12 above. before (1) consultation with assigned accordance with 5 U.S.C. 552(a) and 1 Provision 2–9 Accounting System counsel and the Office of the Inspector CFR part 51. The PM is available for Guidelines—Cost Type Contracts is a General and (2) a deviation has been examination on the World-Wide Web at new provision that has been added as reviewed and approved by a higher http://www.usps.com/business. You discussed in 2.4.4.h above. level than the contracting officer who may inspect a copy at the U.S. Postal Provision 4–1 Standard Solicitation holds deviation approval authority. Service Library, 475 L’Enfant Plaza West Provisions paragraph b., Period for Clause 4–5 Inspection of SW., Washington, DC 20260–1641, or at Acceptance of Offers, has been deleted. Professional Services has been revised the National Archives and Records Provision 4–3 Representations and by deleting the final sentence. Administration (NARA). For Certifications has been revised to Clause 4–14 Software Development information on the availability of this include a new paragraph e (Certification Warranty has been revised for clarity. material at NARA, call 202–741–6030, Regarding Debarment, Proposed Clause 7–5 Errors and Omissions or go to: http://www.archives.gov/ Debarment, and Other Matters) as has been revised for clarity. federal_register/code_of_federal_ discussed in 3.7 above. Clause 8–1 Patent Rights has been _ Appendix B, Contract Clauses: B.2.1 revised by removing the reference to regulations/ibr locations.html. Clause 4–1 General Terms and Form 7398, Report of Inventions and (b) The current Issue of the PM is Conditions has been revised along the Subcontracts (this form is obsolete) and incorporated by reference in paragraph lines discussed in 4.2.7.d, above. by stating that the reports required (a) of this section. Successive issues of B.2.2 Clause 4–2 Contract Terms and under this clause must be in a form the PM are listed in the following table: Conditions Required To Implement acceptable to the contracting officer. Policies, Statutes, or Executive Orders Clause 9–14 Affirmative Action for Purchasing manual Date of issuance has been revised along the lines Special Disabled Veterans, Veterans of discussed in 4.2.7.a and d, above. the Vietnam Era, and Other Eligible Issue 1 ...... January 31, 1997. Clauses 2–1 Inspection and Veterans has been revised to reflect the Issue 2 ...... January 31, 2002. Acceptance and 2–2 Quality changes discussed in 9.10 above. Issue 3 ...... December 25, Management System. As discussed in Appendices D Rules of Practice in 2003. 2.2.1.c, above, this clause and Clause 2– Proceedings Relative to Debarment and 2 replace previous Clauses 2–1, 2–2, 2– Suspension From Contracting and E, I 3. Section 601.101 is revised to read as 3, 2–24, 2–48 and 2–49. Rules of Practice Before the Postal follows:

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§ 601.101 Effective date. ADDRESSES: Submit your comments, information in the body of your The provisions of the Purchasing identified by Docket ID R08–OAR– comment and with any disk or CD–ROM Manual Issue 3, effective December 25, 2004–UT–0002, by one of the following you submit. If EPA cannot read your 2003, are applicable with respect to all methods: comment due to technical difficulties covered purchasing activities of the • Federal eRulemaking Portal: http:// and cannot contact you for clarification, Postal Service. www.regulations.gov. Follow the on-line EPA may not be able to consider your instructions for submitting comments. comment. Electronic files should avoid Stanley F. Mires, • Agency Web site: http:// the use of special characters, any form Chief Counsel, Legislative. docket.epa.gov/rmepub/index.jsp. of encryption, and be free of any defects [FR Doc. 04–18772 Filed 8–18–04; 8:45 am] Regional Materials in EDOCKET (RME), or viruses. For additional information BILLING CODE 7710–12–P EPA’s electronic public docket and about EPA’s public docket visit comment system for regional actions, is EDOCKET online or see the Federal EPA’s preferred method for receiving Register of May 31, 2002 (67 FR 38102). ENVIRONMENTAL PROTECTION comments. Follow the on-line For additional instructions on AGENCY instructions for submitting comments. • submitting comments, go to Section I. E-mail: [email protected] and General Information of the 40 CFR Part 52 [email protected]. SUPPLEMENTARY INFORMATION section of • Fax: (303) 312–6064 (please alert [RME Docket Number R08–OAR–2004–UT– this document. the individual listed in the FOR FURTHER 0002; FRL–7791–7] Docket: All documents in the docket INFORMATION CONTACT if you are faxing are listed in the Regional Materials in Approval and Promulgation of Air comments). • Mail: Richard R. Long, Director, Air EDOCKET index at http:// Quality Implementation Plans; Utah; docket.epa.gov/rmepub/index.jsp. Revisions to New Source Review Rules and Radiation Program, Environmental Protection Agency, Region 8, Mailcode Although listed in the index, some AGENCY: Environmental Protection 8P–AR, 999 18th Street, Suite 300, information is not publicly available, Agency (EPA). Denver, Colorado 80202–2466. i.e., CBI or other information whose ACTION: Direct final rule. • Hand Delivery: Richard R. Long, disclosure is restricted by statute. Director, Air and Radiation Program, Certain other material, such as SUMMARY: EPA is taking direct final Environmental Protection Agency, copyrighted material, is not placed on action approving State Implementation Region 8, Mailcode 8P–AR, 999 18th the Internet and will be publicly Plan (SIP) revisions submitted by the Street, Suite 300, Denver, Colorado available only in hard copy form. State of Utah on November 9, 2001, and 80202–2466. Such deliveries are only Publicly available docket materials are September 16, 2003. The revisions accepted Monday through Friday, 8 a.m. available either electronically in incorporate new and revise existing to 4:55 p.m., excluding Federal Regional Materials in EDOCKET or in definitions in the State’s New Source holidays. Special arrangements should hard copy at the Air and Radiation Review (NSR) rules. The revisions be made for deliveries of boxed Program, Environmental Protection update the State’s NSR rules so that they information. Agency (EPA), Region 8, 999 18th are consistent with the revisions EPA Instructions: Direct your comments to Street, Suite 300, Denver, Colorado made to its NSR rules on July 21, 1992. Docket ID Nos. R08–OAR–2004–UT– 80202–2466. EPA requests that if at all These revisions were referred to as the 0002. EPA’s policy is that all comments possible, you contact the individual WEPCO rule (for the Wisconsin Electric received will be included in the public listed in the FOR FURTHER INFORMATION Power Company court ruling). In the docket without change and may be CONTACT section to view the hard copy July 1992 action, EPA adopted a broad made available at http://docket.epa.gov/ of the docket. You may view the hard NSR exclusion for utility pollution rmepub/index.jsp, including any copy of the docket Monday through control projects and an ‘‘actual to future personal information provided, unless Friday, 8 a.m. to 4 p.m., excluding actual’’ methodology for determining the comment includes information Federal holidays. whether all other non-routine physical claimed to be Confidential Business FOR FURTHER INFORMATION CONTACT: Carl or operational changes at utilities (other Information (CBI) or other information Daly, Air & Radiation Program, than the replacement of a unit or whose disclosure is restricted by statute. Mailcode 8P–AR, EPA, Region 8, 999 addition of a new unit) are subject to Do not submit information that you 18th Street, Suite 300, Denver, Colorado NSR, and modified its regulations to consider to be CBI or otherwise 80202–2466, (303) 312–6416, reflect changes made by Congress in the protected through EDOCKET, [email protected]. 1990 Amendments to the Clean Air Act regulations.gov, or e-mail. The EPA’s to the applicability of new source Regional Materials in EDOCKET and SUPPLEMENTARY INFORMATION: requirements to clean coal technology Federal regulations.gov Web site are Table of Contents (CCT) and repowering projects, and to ‘‘anonymous access’’ systems, which I. General Information ‘‘very clean’’ units. The purpose of this means EPA will not know your identity II. Background action is to make the changes to the or contact information unless you III. Summary of SIP Revisions and EPA’s State’s rule federally enforceable. This provide it in the body of your comment. Review action is being taken under section 110 If you send an e-mail comment directly IV. Final Action of the Clean Air Act. to EPA without going through V. Statutory and Executive Order Reviews DATES: This rule is effective on October EDOCKET or regulations.gov, your e- Definitions 18, 2004, without further notice, unless mail address will be automatically EPA receives adverse comment by captured and included as part of the For the purpose of this document, we September 20, 2004. If adverse comment comment that is placed in the public are giving meaning to certain words or is received, EPA will publish a timely docket and made available on the initials as follows: withdrawal of the direct final rule in the Internet. If you submit an electronic (i) The words or initials Act or CAA Federal Register informing the public comment, EPA recommends that you mean or refer to the Clean Air Act, that the rule will not take effect. include your name and other contact unless the context indicates otherwise.

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(ii) The words EPA, we, us or our permitting requirements, as well as to ‘‘Major Modification’’ and adds the mean or refer to the United States the Federal new source performance following definitions: ‘‘Clean Coal Environmental Protection Agency. standard (NSPS) requirements in 40 Technology,’’ ‘‘Clean Coal Technology (iii) The initials SIP mean or refer to CFR part 60, regarding utility pollution Demonstration Project,’’ ‘‘Electric Utility State Implementation Plan. control projects (57 FR 32314–32339). Steam Generating Unit,’’ ‘‘Emissions (iv) The words state or Utah mean the Specifically, EPA made changes to the Unit,’’ ‘‘Pollution Control Project,’’ State of Utah, unless the context definition of ‘‘major modification’’ in 40 ‘‘Reactivation of Very Clean Coal-Fired indicates otherwise. CFR parts 51 and 52 to set forth the Electric Utility Steam Generating Unit,’’ conditions under which the addition, ‘‘Repowering,’’ ‘‘Representative Actual I. General Information replacement, or use at existing utility Annual Emissions,’’ and ‘‘Temporary A. What Should I Consider as I Prepare generating units of any system or device Clean Coal Technology Demonstration My Comments for EPA? whose primary function is the reduction Project.’’ In the prevention of significant deterioration (PSD) rule a definition for 1. Submitting CBI. Do not submit this of air pollutants (including the ‘‘major modification’’ was added. information to EPA through Regional switching to less polluting fuel where the primary purpose of the switch will We have reviewed the new and Materials in EDOCKET, regulations.gov revised definitions submitted by Utah. or e-mail. Clearly mark the part or all of be the reduction of air pollutants) will or will not subject the source to We have found that the revisions are the information that you claim to be consistent with all of the regulatory CBI. For CBI information in a disk or CD preconstruction review. In addition, in the July 1992 notice, revisions promulgated by EPA on July ROM that you mail to EPA, mark the EPA amended its NSR regulations as 21, 1992. outside of the disk or CD ROM as CBI they apply to utilities to (1) clarify the and then identify electronically within IV. Final Action NSR baseline for determining whether a the disk or CD ROM the specific proposed physical or operational change EPA is approving Utah’s SIP revisions information that is claimed as CBI. In will subject a utility to the submitted on November 9, 2001, and addition to one complete version of the preconstruction review requirements of September 16, 2003. Specifically, in the comment that includes information these provisions; (2) set forth an actual- general definitions regulation, R307– claimed as CBI, a copy of the comment to-future actual methodology for 101–2, we are approving the revisions to that does not contain the information determining whether a physical or the definitions of ‘‘Actual Emissions’’ claimed as CBI must be submitted for operational change is subject to NSR; (3) and ‘‘Major Modification’’ and the inclusion in the public docket. provide further clarification of the addition of the definitions: ‘‘Clean Coal Information so marked will not be Technology,’’ ‘‘Clean Coal Technology existing regulatory requirement that disclosed except in accordance with Demonstration Project,’’ ‘‘Electric Utility only those increases in emission that procedures set forth in 40 CFR part 2. Steam Generating Unit,’’ ‘‘Emissions actually result from the physical change 2. Tips for Preparing Your Comments. Unit,’’ ‘‘Pollution Control Project,’’ or change in the method of operation When submitting comments, remember ‘‘Reactivation of Very Clean Coal-Fired can be considered in determining to: Electric Utility Steam Generating Unit,’’ whether the proposed change subjects • Identify the rulemaking by docket ‘‘Repowering,’’ ‘‘Representative Actual the utility to NSR requirements; and (4) number and other identifying Annual Emissions,’’ and ‘‘Temporary implement sections 409 and 415 of title information (subject heading, Federal Clean Coal Technology Demonstration IV of the 1990 Amendments of the Clean Register date and page number). Project.’’ In the PSD regulation, R307– • Follow directions—The agency may Air Act which create special NSPS 405–1, we are approving the addition of ask you to respond to specific questions treatment for certain repowering a definition for ‘‘Major Modification.’’ or organize comments by referencing a projects and limited NSR exemptions EPA is publishing this rule without Code of Federal Regulations (CFR) part for temporary and permanent CCT prior proposal because the Agency or section number. projects and for certain ‘‘very clean’’ views this as a noncontroversial • Explain why you agree or disagree; units. Refer to the July 21, 1992, Federal amendment and anticipates no adverse suggest alternatives and substitute Register document for further comments. EPA does not anticipate any language for your requested changes. information. adverse comments as this Utah SIP States were not required to adopt • Describe any assumptions and approval is only a change to bring revisions to implement these changes, provide any technical information and/ Utah’s current SIP into alignment with although these changes are in effect in or data that you used. the NSR revisions EPA promulgated on areas where the Federal PSD permitting • If you estimate potential costs or July 21, 1992 (57 FR 32314). However, regulations apply. Utah has opted to burdens, explain how you arrived at in the ‘‘Proposed Rules’’ section of revise its NSR program to incorporate your estimate in sufficient detail to today’s Federal Register publication, the changes to EPA’s NSR rules allow for it to be reproduced. EPA is publishing a separate document promulgated on July 21, 1992. • Provide specific examples to that will serve as the proposal to illustrate your concerns, and suggest III. Summary of SIP Revisions and approve the SIP revision if adverse alternatives. EPA’s Review comments are filed. This rule will be • Explain your views as clearly as On November 9, 2001, and September effective October 18, 2004, without possible, avoiding the use of profanity 16, 2003, the State of Utah submitted further notice unless the Agency or personal threats. formal revisions to its State receives adverse comments by • September 20, 2004. If the EPA receives Make sure to submit your Implementation Plan (SIP).1 adverse comments, EPA will publish a comments by the comment period Specifically, in the general definition timely withdrawal in the Federal deadline identified. rule, the submittals revise the Register informing the public that the definitions of ‘‘Actual Emissions’’ and II. Background rule will not take effect. EPA will On July 21, 1992, EPA promulgated 1 The September 16, 2003, submittal contains address all public comments in a revisions to Federal PSD and non-substantive changes to correct minor errors in subsequent final rule based on the nonattainment new source review (NSR) the November 9, 2001, submittal. proposed rule. The EPA will not

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institute a second comment period on Clean Air Act. This rule also is not List of Subjects in 40 CFR Part 52 this action. Any parties interested in subject to Executive Order 13045 commenting must do so at this time. ‘‘Protection of Children from Environmental protection, Air Please note that if EPA receives adverse Environmental Health Risks and Safety pollution control, Carbon monoxide, Incorporation by reference, comment on an amendment, paragraph, Risks’’ (62 FR 19885, April 23, 1997), Intergovernmental relations, Lead, or section of this rule and if that because it is not economically Nitrogen dioxide, Ozone, Particulate provision may be severed from the significant. remainder of the rule, EPA may adopt matter, Reporting and recordkeeping In reviewing SIP submissions, EPA’s as final those provisions of the rule that requirements, Sulfur oxides, Volatile role is to approve State choices, are not the subject of an adverse organic compounds. provided that they meet the criteria of comment. Dated: July 14, 2004. the Clean Air Act. In this context, in the Max H. Dodson, V. Statutory and Executive Order absence of a prior existing requirement Review for the State to use voluntary consensus Acting Regional Administrator, Region 8. Under Executive Order 12866 (58 FR standards (VCS), EPA has no authority I 40 CFR part 52 is amended as follows: 51735, October 4, 1993), this action is to disapprove a SIP submission for not a ‘‘significant regulatory action’’ and failure to use VCS. It would thus be PART 52—[AMENDED] therefore is not subject to review by the inconsistent with applicable law for I 1. The authority citation for part 52 Office of Management and Budget. For EPA, when it reviews a SIP submission, continues to read as follows: this reason, this action is also not to use VCS in place of a SIP submission subject to Executive Order 13211, that otherwise satisfies the provisions of Authority: 42 U.S.C. 7401 et seq. ‘‘Actions Concerning Regulations That the Clean Air Act. Thus, the Subpart TT—Utah Significantly Affect Energy Supply, requirements of section 12(d) of the Distribution, or Use’’ (66 FR 28355, May National Technology Transfer and I 22, 2001). This action merely approves Advancement Act of 1995 (15 U.S.C. 2. Section 52.2320 is amended by State law as meeting Federal 272 note) do not apply. This rule does adding paragraph (c)(58) to read as requirements and imposes no additional not impose an information collection follows: requirements beyond those imposed by burden under the provisions of the § 52.2320 Identification of plan. Paperwork Reduction Act of 1995 (44 State law. Accordingly, the * * * * * Administrator certifies that this rule U.S.C. 3501 et seq.). (c) * * * will not have a significant economic The Congressional Review Act, 5 impact on a substantial number of small U.S.C. 801 et seq., as added by the Small (58) On November 9, 2001 and entities under the Regulatory Flexibility Business Regulatory Enforcement September 16, 2003 the State of Utah Act (5 U.S.C. 601 et seq.). Because this Fairness Act of 1996, generally provides submitted revisions to its State Implementation Plan (SIP) to rule approves pre-existing requirements that before a rule may take effect, the incorporate new and revise existing under State law and does not impose agency promulgating the rule must definitions in the new source review any additional enforceable duty beyond submit a rule report, which includes a (NSR) rules. The revisions update the that required by State law, it does not copy of the rule, to each House of the State’s NSR rules so that they are contain any unfunded mandate or Congress and to the Comptroller General consistent with the revisions EPA made significantly or uniquely affect small of the United States. EPA will submit a to its NSR rules on July 21, 1992. governments, as described in the report containing this rule and other Unfunded Mandates Reform Act of 1995 required information to the U.S. Senate, (i) Incorporation by reference. (Public Law 104–4). the U.S. House of Representatives, and (A) Revisions to the Utah Air This rule also does not have tribal the Comptroller General of the United Conservation Regulations, R307–101–2, implications because it will not have a States prior to publication of the rule in the definitions ‘‘Actual Emissions,’’ substantial direct effect on one or more the Federal Register. A major rule ‘‘Clean Coal Technology,’’ ‘‘Clean Coal Indian tribes, on the relationship cannot take effect until 60 days after it Technology Demonstration Project,’’ between the Federal government and is published in the Federal Register. ‘‘Electric Utility Steam Generating Indian tribes, or on the distribution of This action is not a ‘‘major rule’’ as Unit,’’ ‘‘Emissions Unit,’’ ‘‘Pollution power and responsibilities between the defined by 5 U.S.C. 804(2). Control Project,’’ and ‘‘Representative Federal government and Indian tribes, Actual Annual Emissions,’’ effective 7/ Under section 307(b)(1) of the Clean as specified by Executive Order 13175 12/01. (65 FR 67249, November 9, 2000). This Air Act, petitions for judicial review of action also does not have federalism this action must be filed in the United (B) Revisions to the Utah Air implications because it does not have States Court of Appeals for the Conservation Regulations, R307–101–2, substantial direct effects on the States, appropriate circuit by October 18, 2004. the definitions ‘‘Major Modification,’’ on the relationship between the national Filing a petition for reconsideration by ‘‘Reactivation of Very Clean Coal-Fired government and the States, or on the the Administrator of this final rule does Electric Utility Steam Generating Unit,’’ distribution of power and not affect the finality of this rule for the ‘‘Repowering,’’ and ‘‘Temporary Clean responsibilities among the various purposes of judicial review nor does it Coal Technology Demonstration levels of government, as specified in extend the time within which a petition Project,’’ effective 6/1/03. Executive Order 13132 (64 FR 43255, for judicial review may be filed, and (C) Revisions to the Utah Air August 10, 1999). This action merely shall not postpone the effectiveness of Conservation Regulations, R307–405–1, approves a State rule implementing a such rule or action. This action may not the definition ‘‘Major Modification’’ Federal standard, and does not alter the be challenged later in proceedings to effective 6/1/03. relationship or the distribution of power enforce its requirements. (See section [FR Doc. 04–18936 Filed 8–18–04; 8:45 am] and responsibilities established in the 307(b)(2).) BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION III. Background on Minnesota Submittal III. Background on Minnesota AGENCY 1. What Is the Background for This Action? Submittal 2. What Information Did Minnesota 40 CFR Part 52 Submit, and What Were its Requests? 1. What Is the Background for This 3. What Is a ‘‘Title I Condition?’’ Action? [MN73–3; FRL–7794–8] IV. Final Rulemaking Action Lafarge’s Red Rock Road facility is Approval and Promulgation of State V. Statutory and Executive Order Reviews located at 1363 Red Rock Road in Saint Implementation Plans; Minnesota Paul, Ramsey County, Minnesota. On General Information July 22, 1998, MPCA submitted to EPA AGENCY: Environmental Protection I. Does This Action Apply to Me? a SIP revision for Ramsey County, Agency (EPA). Minnesota, for the control of PM ACTION: Final rule. This action applies to a single source, emissions from certain sources located Lafarge Corporation’s facility located on along Red Rock Road. Included in this SUMMARY: The EPA is approving a site- Red Rock Road in Saint Paul, Ramsey submittal was a State operating permit specific revision to the Minnesota County, Minnesota. for Lafarge Corporation (Air Emission particulate matter (PM) State Permit No. 12300353–001 issued by II. What Action Is EPA Taking Today? Implementation Plan (SIP) for Lafarge MPCA on April 14, 1998), which Corporation’s (Lafarge) facility located In this action, EPA is approving into includes and identifies the Title I SIP on Red Rock Road in Saint Paul, the Minnesota PM SIP certain portions conditions for the Red Rock Road Ramsey County, Minnesota. By its of Minnesota Air Emission Permit No. facility. The EPA took final action submittal dated July 18, 2002, the approving the Lafarge Red Rock Road Minnesota Pollution Control Agency 12300353–002, issued to Lafarge Corporation—Red Rock Terminal on permit into the PM SIP on August 13, (MPCA) requested that EPA approve 1999 (64 FR 44131). Lafarge’s State operating permit into the May 7, 2002. Specifically, EPA is only Minnesota PM SIP. The request is approving into the SIP those portions of 2. What Information Did Minnesota approvable because it satisfies the the permit cited as ‘‘Title I condition: Submit, and What Were its Requests? requirements of the Clean Air Act (Act). SIP for PM10 NAAQS.’’ The SIP revision submitted by MPCA The rationale for the approval and other 1. Why Is EPA Taking This Action? on July 18, 2002, consists of a revised information are provided in this State operating permit issued to the rulemaking action. EPA is taking this action because the Lafarge Red Rock Road facility. The DATES: This rule is effective September State’s request does not change any of State has requested that EPA approve 20, 2004. the emission limitations currently in the the following: ADDRESSES: EPA has established a SIP. The revised permit includes the ‘‘(1) The inclusion of only the docket for this action under Docket ID addition of a pneumatic vacuum pump portions of the revised Lafarge-Rock No. MN–73. All documents in the and a new cement silo. The revision to Terminal permit cited as ‘‘Title I docket are listed in the index. Although the SIP does not approve any new condition: SIP for PM10 NAAQS’’ into listed in the index, some information is construction or allow an increase in the Minnesota PM SIP.’’ not publicly available, i.e., confidential emissions, thereby providing for 3. What Is a ‘‘Title I Condition?’’ business information (CBI) or other attainment and maintenance of the PM SIP control measures were contained information where disclosure is National Ambient Air Quality Standards in permits issued to culpable sources in restricted by statute. Publicly available (NAAQS) and satisfying the applicable Minnesota until 1990 when EPA docket materials are available in hard PM requirements of the Act. determined that limits in State-issued copy at the following address: United The pneumatic vacuum pump, which permits are not federally enforceable States Environmental Protection was in place and already controlled by because the permits expire. The State Agency, Region 5, Air and Radiation a baghouse, had inadvertently been then issued permanent Administrative Division, 77 West Jackson Boulevard, omitted from the Red Rock Road permit Orders to culpable sources in Chicago, Illinois 60604. The Docket approved into the SIP by EPA in 1999. nonattainment areas from 1991 to Facility is open during normal business After consulting EPA, MPCA was February of 1996. hours, Monday through Friday, advised that a major amendment to the Minnesota’s Title V permitting rule, excluding legal holidays. We approved into the State SIP on May 2, recommend that you telephone Christos permit was not needed to include this existing unit and that the pneumatic 1995 (60 FR 21447), includes the term Panos at (312) 353–8328, before visiting ‘‘Title I condition’’ which was written, the Region 5 office. vacuum pump unit should be added into the permit during the next major in part, to satisfy EPA requirements that FOR FURTHER INFORMATION CONTACT: amendment. Therefore, MPCA included SIP control measures remain permanent. Christos Panos, Environmental A ‘‘Title I condition’’ is defined as ‘‘any Engineer, Criteria Pollutant Section, Air the emission unit and baghouse in the 2002 permit amendment. condition based on source-specific Programs Branch, United States determination of ambient impacts Environmental Protection Agency, The 2002 permit includes a major imposed for the purposes of achieving Region 5, Mailcode AR–18J, 77 West amendment authorizing the additional or maintaining attainment with the Jackson Boulevard, Chicago, Illinois emission point associated with a new national ambient air quality standard 60604. Telephone: (312) 353–8328. E- cement silo. The silo emissions are to be and which was part of the State mail address: [email protected]. controlled by a baghouse located on the implementation plan approved by EPA SUPPLEMENTARY INFORMATION: This top of the silo. Although actual or submitted to the EPA pending supplemental information section is emissions of PM from the facility would approval under section 110 of the act organized as follows: most likely decrease, the installation of ***.’’ The rule also states that ‘‘Title I. Does this Action Apply to Me? the new unit did change the modeling I conditions and the permittee’s II. What Action Is EPA Taking Today? parameters for the facility, thereby obligation to comply with them, shall 1. Why Is EPA Taking This Action? requiring a revision to the SIP. not expire, regardless of the expiration

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of the other conditions of the permit.’’ Regulatory Flexibility Act (5 U.S.C. 601 the criteria of the Act. Absent a prior Further, ‘‘any title I condition shall et seq.). existing requirement for the State to use remain in effect without regard to voluntary consensus standards, EPA has Unfunded Mandates Reform Act permit expiration or reissuance, and no authority to disapprove a program shall be restated in the reissued permit.’’ Because this rule approves pre- submission for failure to use such Minnesota has since resumed using existing requirements under State law standards, and it would thus be permits as the enforceable document for and does not impose any additional inconsistent with applicable law for imposing emission limitations and enforceable duty beyond that required EPA to use voluntary consensus compliance requirements in SIPs. The by State law, it does not contain any standards in place of a program SIP requirements in the permit unfunded mandate or significantly or submission that otherwise satisfies the submitted by MPCA are cited as ‘‘Title uniquely affect small governments, as provisions of the Act. Therefore, the I condition: SIP for PM10 NAAQS,’’ described in the Unfunded Mandates requirements of section 12(d) of the therefore assuring that the SIP Reform Act of 1995 (Public Law 104–4). NTTA do not apply. requirements will remain permanent Executive Order 13175: Consultation Civil Justice Reform and enforceable. In addition, EPA and Coordination With Indian Tribal As required by section 3 of Executive reviewed the State’s procedure for using Governments permits to implement site-specific SIP Order 12988 (61 FR 4729, February 7, requirements and found it to be This rule also does not have tribal 1996), in issuing this rule, EPA has acceptable under both Titles I and V of implications because it will not have a taken the necessary steps to eliminate the Act (July 3, 1997 letter from David substantial direct effect on one or more drafting errors and ambiguity, minimize Kee, EPA, to Michael J. Sandusky, Indian tribes, on the relationship potential litigation, and provide a clear MPCA). The MPCA has committed to between the Federal Government and legal standard for affected conduct. Indian tribes, or on the distribution of using this procedure if the Title I SIP Governmental Interference With conditions in the permit issued to the power and responsibilities between the Federal Government and Indian tribes, Constitutionally Protected Property Lafarge Red Rock Road facility and Rights included in the SIP submittal need to be as specified by Executive Order 13175 revised in the future. (65 FR 67249, November 9, 2000). EPA has complied with Executive Order 12630 (53 FR 8859, March 15, Executive Order 13132: Federalism IV. Final Rulemaking Action 1988) by examining the takings EPA is approving the site-specific SIP This action also does not have implications of the rule in accordance revision for the Lafarge Red Rock Road federalism implications because it does with the ‘‘Attorney General’s facility, located in Saint Paul, Ramsey not have substantial direct effects on the Supplemental Guidelines for the County, Minnesota. Specifically, EPA is States, on the relationship between the Evaluation of Risk and Avoidance of approving into the SIP only those national government and the States, or Unanticipated Takings’’ issued under portions of Lafarge’s State operating on the distribution of power and the executive order, and has determined permit cited as ‘‘Title I condition: SIP responsibilities among the various that the rule’s requirements do not for PM10 NAAQS.’’ levels of government, as specified in constitute a taking. Executive Order 13132 (64 FR 43255, V. Statutory and Executive Order August 10, 1999). This action merely Paperwork Reduction Act Reviews approves a State rule implementing a This rule does not impose an information collection burden under the Executive Order 12866: Regulatory Federal standard, and does not alter the provisions of the Paperwork Reduction Planning and Review relationship or the distribution of power and responsibilities established in the Act of 1995 (44 U.S.C. 3501 et seq.). Under Executive Order 12866 (58 FR Clean Air Act. 51735, October 4, 1993), this action is Congressional Review Act not a ‘‘significant regulatory action’’ and Executive Order 13045: Protection of The Congressional Review Act, 5 therefore is not subject to review by the Children From Environmental Health U.S.C. 801 et seq., as added by the Small Office of Management and Budget. and Safety Risks Business Regulatory Enforcement This rule also is not subject to Fairness Act of 1996, generally provides Executive Order 13211: Actions Executive Order 13045 ‘‘Protection of that before a rule may take effect, EPA Concerning Regulations That Children from Environmental Health promulgating the rule must submit a Significantly Affect Energy Supply, Risks and Safety Risks’’ (62 FR 19885, rule report, which includes a copy of Distribution, or Use April 23, 1997), because it is not the rule, to each House of the Congress For this reason, this action is also not economically significant. and to the Comptroller General of the subject to Executive Order 13211, United States. EPA will submit a report ‘‘Actions Concerning Regulations That National Technology Transfer containing this rule and other required Significantly Affect Energy Supply, Advancement Act information to the U.S. Senate, the U.S. Distribution, or Use’’ (66 FR 28355, May Section 12(d) of the National House of Representatives, and the 22, 2001). Technology Transfer and Advancement Comptroller General of the United Act of 1995 (NTTA), 15 U.S.C. 272, States prior to publication of the rule in Regulatory Flexibility Act requires Federal agencies to use the Federal Register. A major rule This action merely approves State law technical standards that are developed cannot take effect until 60 days after it as meeting Federal requirements and or adopted by voluntary consensus to is published in the Federal Register. imposes no additional requirements carry our policy objectives, so long as This action is not a ‘‘major rule’’ as beyond those imposed by State law. such standards are not inconsistent with defined by 5 U.S.C. 804(2). Accordingly, the Administrator certifies applicable law or otherwise Under section 307(b)(1) of the Clean that this rule will not have a significant impracticable. In reviewing program Air Act, petitions for judicial review of economic impact on a substantial submissions, EPA’s role is to approve this action must be filed in the United number of small entities under the State choices, provided that they meet States Court of Appeals for the

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appropriate circuit by October 18, 2004. DEPARTMENT OF HOMELAND For rating purposes, the currently Filing a petition for reconsideration by SECURITY effective community number is shown the Administrator of this final rule does and must be used for all new policies not affect the finality of this rule for the Federal Emergency Management and renewals. purposes of judicial review nor does it Agency The modified BFEs are the basis for extend the time within which a petition the floodplain management measures for judicial review may be filed, and 44 CFR Part 65 that the community is required to either shall not postpone the effectiveness of adopt or to show evidence of being Changes in Flood Elevation already in effect in order to qualify or such rule or action. This action may not Determinations be challenged later in proceedings to to remain qualified for participation in enforce its requirements. (See section AGENCY: Federal Emergency the National Flood Insurance Program 307(b)(2).) Management Agency (FEMA), (NFIP). Emergency Preparedness and Response These modified elevations, together List of Subjects in 40 CFR Part 52 Directorate, Department of Homeland with the floodplain management criteria Security. required by 44 CFR 60.3, are the Environmental protection, Air minimum that are required. They ACTION: Final rule. pollution control, Incorporation by should not be construed to mean that reference, Intergovernmental relations, SUMMARY: Modified Base (1% annual the community must change any Particulate matter, Reporting and chance) Flood Elevations (BFEs) are existing ordinances that are more recordkeeping requirements. finalized for the communities listed stringent in their floodplain Dated: July 21, 2004. below. These modified elevations will management requirements. The Norman Niedergang, be used to calculate flood insurance community may at any time enact stricter requirements of its own, or Acting Regional Administrator, Region 5. premium rates for new buildings and their contents. pursuant to policies established by other Federal, State or regional entities. I For the reasons stated in the preamble, EFFECTIVE DATES: The effective dates for part 52, chapter I, of title 40 of the Code these modified BFEs are indicated on These modified elevations are used to meet the floodplain management of Federal Regulations is amended as the following table and revise the Flood requirements of the NFIP and are also follows: Insurance Rate Map(s) (FIRMs) in effect for each listed community prior to this used to calculate the appropriate flood PART 52—[AMENDED] date. insurance premium rates for new buildings built after these elevations are ADDRESSES: The modified BFEs for each I made final, and for the contents in these 1. The authority citation for part 52 community are available for inspection continues to read as follows: buildings. at the office of the Chief Executive The changes in BFEs are in Authority: 42 U.S.C. 7401 et seq. Officer of each community. The accordance with 44 CFR 65.4. respective addresses are listed in the I National Environmental Policy Act. 2. Section 52.1220 is amended by table below. adding paragraph (c)(64) to read as This rule is categorically excluded from FOR FURTHER INFORMATION CONTACT: follows: the requirements of 44 CFR part 10, Doug Bellomo, P.E., Hazard Environmental Consideration. No § 52.1220 Identification of plan. Identification Section, Emergency environmental impact assessment has * * * * * Preparedness and Response Directorate, been prepared. FEMA, 500 C Street, SW., Washington, Regulatory Flexibility Act. The (c) * * * DC 20472, (202) 646–2903. Mitigation Division Director of the (64) On July 18, 2002, the State of SUPPLEMENTARY INFORMATION: FEMA Emergency Preparedness and Response Minnesota submitted a site-specific makes the final determinations listed Directorate certifies that this rule is revision to the Minnesota particulate below of modified BFEs for each exempt from the requirements of the matter (PM) SIP for the Lafarge community listed. These modified Regulatory Flexibility Act because Corporation (Lafarge) Red Rock Road elevations have been published in modified BFEs are required by the Flood facility, located in Saint Paul, Ramsey newspapers of local circulation and Disaster Protection Act of 1973, 42 County, Minnesota. Specifically, EPA is ninety (90) days have elapsed since that U.S.C. 4105, and are required to approving into the PM SIP only those publication. The Mitigation Division maintain community eligibility in the portions of the Lafarge Red Rock Road Director of the Emergency Preparedness NFIP. No regulatory flexibility analysis facility state operating permit cited as and Response Directorate has resolved has been prepared. ‘‘Title I condition: SIP for PM10 any appeals resulting from this Regulatory Classification. This final NAAQS.’’ notification. rule is not a significant regulatory action The modified BFEs are not listed for under the criteria of section 3(f) of (i) Incorporation by reference. AIR each community in this notice. Executive Order 12866 of September 30, EMISSION PERMIT NO. 12300353–002, However, this rule includes the address 1993, Regulatory Planning and Review, issued by the Minnesota Pollution of the Chief Executive Officer of the 58 FR 51735. Control Agency (MPCA) to Lafarge community where the modified base Executive Order 12612, Federalism. Corporation—Red Rock Terminal on flood elevation determinations are This rule involves no policies that have May 7, 2002, Title I conditions only. available for inspection. federalism implications under Executive [FR Doc. 04–18953 Filed 8–18–04; 8:45 am] The modifications are made pursuant Order 12612, Federalism, dated October BILLING CODE 6560–50–P to section 206 of the Flood Disaster 26, 1987. Protection Act of 1973, 42 U.S.C. 4105, Executive Order 12778, Civil Justice and are in accordance with the National Reform. This rule meets the applicable Flood Insurance Act of 1968, 42 U.S.C. standards of section 2(b)(2) of Executive 4001 et seq., and with 44 CFR part 65. Order 12778.

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List of Subjects in 44 CFR Part 65 PART 65—[AMENDED] 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. Flood insurance, floodplains, I 1. The authority citation for part 65 reporting and recordkeeping § 65.4 [Amended] continues to read as follows: requirements. I 2. The tables published under the I Accordingly, 44 CFR Part 65 is Authority: 42 U.S.C. 4001 et seq.; authority of § 65.4 are amended as amended to read as follows: Reorganization Plan No. 3 of 1978, 3 CFR, follows:

Dates and name of newspaper where Effective date of Community State and county Location notice was pub- Chief Executive Officer of community modification number lished

Florida: Duval City of Jacksonville November 21, The Honorable John Peyton, Mayor of November 10, 2003 120077 E (FEMA Docket 2003, November the City of Jacksonville, 4th Floor, No. D–7549). 28, 2003, The City Hall at St. James, 117 West Florida Times- Duval Street, Suite 400, Jacksonville, Union. Florida 32202. Florida: Walton Unincorporated January 1, 2004, Mr. Larry Jones, Chairman of the Wal- April 8, 2004 ...... 120317 F (FEMA Docket Areas. January 8, 2004, ton County Board of Commissioners, No. D–7553). Defuniak Springs P.O. Drawer 1355, Defuniak Springs, Herald-Breeze. Florida 32435. Georgia: Gwinnett Unincorporated January 8, 2004, Mr. F. Wayne Hill, Chairman of the December 29, 2003 130322 C (FEMA Docket Areas. January 15, Gwinnett County Board of Commis- No. D–7551). 2004, Gwinnett sioners, Justice and Administration Daily Post. Center, 75 Langley Drive, Lawrenceville, Georgia 30045. Georgia: Bibb and City of Macon and December 31, The Honorable C. Jack Ellis, Mayor of April 7, 2004 ...... 130011 E Jones (FEMA Bibb County. 2003, January 7, the City of Macon, 700 Poplar Street, Docket No. D– 2004, The Macon Macon, Georgia 31201. 7551). Telegraph. Georgia: Oconee City of Watkinsville December 4, 2003, The Honorable W. B. Hardigree, Mayor May 20, 2004 ...... 130369 A (FEMA Docket December 11, of the City of Watkinsville, P.O. Box No. D–7549). 2003, Oconee 27, Watkinsville, Georgia 31827. Enterprise. Massachusetts: Town of Andover ... December 9, 2003, Mr. Reginald S. Stapczynski, Manager March 16, 2004 ...... 250076 B Middlesex (FEMA December 16, of the Town of Andover, Andover Docket No. D– 2003, The Eagle- Town Office, 36 Bartlet Street, Ando- 7551). Tribune. ver, Massachusetts 01810. Massachusetts: Town of Wilmington December 9, 2003, Mr. Michael Caira, Manager of the March 16, 2004 ...... 250227 Middlesex (FEMA December 16, Town of Wilmington, Wilmington C&D Docket No. D– 2003, The Sun. Town Hall, 121 Glen Road, Wil- 7551). mington, Massachusetts 01887. Mississippi: DeSoto City of Southaven .. January 1, 2004, The Honorable Charles G. Davis, Mayor April 8, 2004 ...... 280331 F (FEMA Docket January 8, 2004, of the City of Southaven, 8710 North- No. D–7553). The DeSoto west Drive, Southaven, Mississippi County Tribune. 38671. New Jersey: Union Borough of Roselle November 14, The Honorable Joseph E. Croteau, February 20, 2004 340472 A (FEMA Docket 2003, November Mayor of the Borough of Roselle, 210 No. D–7549). 21, 2003, Home Chestnut Street, Roselle, New Jersey News Tribune. 07203. North Carolina: City of Belmont ...... December 8, 2003, The Honorable Billy W. Joye, Jr., Mayor December 1, 2003 370320 E Gaston (FEMA December 15, of the City of Belmont, P.O. Box 431, Docket No. D– 2003, The Gas- Belmont, North Carolina 28012. 7551). ton Gazette. North Carolina: Unincorporated December 8, 2003, Mr. Jan Winters, Gaston County Man- December 1, 2003 370099 E Gaston (FEMA Areas. December 15, ager, P.O. Box 1578, Gastonia, North Docket No. D– 2003, The Gas- Carolina 28053. 7551). ton Gazette. North Carolina: City of Mount Holly December 8, 2003, The Honorable Robert Black, Mayor of December 1, 2003 370102 E Gaston (FEMA December 15, the City of Mount Holly, P.O. Box Docket No. D– 2003, The Gas- 406, Mount Holly, North Carolina 7551). ton Gazette. 28120. Pennsylvania: Leb- City of Lebanon ..... January 2, 2004, The Honorable Robert A. Anspach, April 9, 2004 ...... 420573 B anon (FEMA January 9, 2004, Mayor of the City of Lebanon, 400 Docket No. D– Lebanon Daily South Eight Street, Lebanon, Penn- 7551). News. sylvania 17042. Pennsylvania: Leb- Township of South January 2, 2004, Mr. Curtis Kulp, Township of South Leb- April 9, 2004 ...... 420581 C anon (FEMA Lebanon. January 9, 2004, anon Manager, 1800 South Fifth Ave- Docket No. D– Lebanon Daily nue, Lebanon, Pennsylvania 17042. 7551). News. Pennsylvania: Township of Spring- December 17, Mr. Donald Berger, Township of Spring- December 10, 2003 425388 E Montgomery field. 2003, December field Manager, 1510 Papermill Road, (FEMA Docket 24, 2003, Ambler Wyndmoor, Pennsylvania 19118. No. D–7551). Gazette.

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Dates and name of newspaper where Effective date of Community State and county Location notice was pub- Chief Executive Officer of community modification number lished

Pennsylvania: Township of Upper December 17, Mr. Paul Leonard, Township of Upper December 10, 2003 420708 E Montgomery Dublin. 2003, December Dublin Manager, 801 Loch Alsh Ave- (FEMA Docket 24, 2003, Ambler nue, Fort Washington, Pennsylvania No. D–7551). Gazette. 19304. Pennsylvania: Township of December 17, Mr. Lawrence J. Gregan, Township of December 10, 2003 420712 E Montgomery Whitemarsh. 2003, December Whitemarsh Manager, 616 German- (FEMA Docket 24, 2003, Times town Pike, Lafayette Hill, Pennsyl- No. D–7551). Herald. vania 19444–1821. South Carolina: Unincorporated December 29, Mr. Danny Knight, Horry County Admin- December 22, 2003 450104 H Horry (FEMA Areas. 2003, January 5, istrator, P.O. Box 1236, Conway, Docket No. D– 2004, The Sun South Carolina 29528. 7551). News. Tennessee: Ruther- City of LaVergne .... January 5, 2004, The Honorable Mike Webb, Mayor of December 29, 2003 470167 E ford (FEMA January 12, the City of LaVergne, 5093 Docket No. D– 2004, The Daily Murfreesboro Road, LaVergne, Ten- 7551). News Journal. nessee 37086. Virginia: Fauquier Unincorporated January 8, 2004, Mr. G. Robert Lee, Fauquier County December 23, 2003 510055 A (FEMA Docket Areas. January 15, Administrator, 40 Culpeper Street, No. D–7551). 2004, Fauquier Warrenton, Virginia 20186. Citizen. Wisconsin: Dane Unincorporated November 20, Ms. Kathleen Falk, Dane County Execu- February 26, 2004 550077 F (FEMA Docket Areas. 2003, November tive, City-County Building, Room 421, No. D–7551). 27, 2003, Wis- 210 Martin Luther King, Jr., Boule- consin State vard, Madison, Wisconsin 53709. Journal. Wisconsin: Dane Village of November 20, Mr. Jeff Wirth, Mazomanie Village February 26, 2004 550085 F (FEMA Docket Mazomanie. 2003, November President, 133 Crescent Street, No. D–7551). 27, 2003, News- Mazomanie, Wisconsin 53560. Sickle-Arrow.

(Catalog of Federal Domestic Assistance No. EFFECTIVE DATES: The effective dates for of the Chief Executive Officer of the 83.100, ‘‘Flood Insurance.’’) these modified BFEs are indicated on community where the modified BFE Dated: August 10, 2004. the table below and revise the Flood determinations are available for David I. Maurstad, Insurance Rate Maps (FIRMs) in effect inspection. Acting Director, Mitigation Division, for the listed communities prior to this The modifications are made pursuant Emergency Preparedness and Response date. to section 206 of the Flood Disaster Directorate. ADDRESSES: The modified BFEs for each Protection Act of 1973, 42 U.S.C. 4105, [FR Doc. 04–19008 Filed 8–18–04; 8:45 am] community are available for inspection and are in accordance with the National BILLING CODE 9110–12–P at the office of the Chief Executive Flood Insurance Act of 1968, 42 U.S.C. Officer of each community. The 4001 et seq., and with 44 CFR part 65. respective addresses are listed in the For rating purposes, the currently DEPARTMENT OF HOMELAND table below. effective community number is shown SECURITY FOR FURTHER INFORMATION CONTACT: and must be used for all new policies Doug Bellomo, P.E., Hazard and renewals. Federal Emergency Management Identification Section, Emergency The modified BFEs are the basis for Agency Preparedness and Response Directorate, the floodplain management measures Federal Emergency Management that the community is required to either 44 CFR Part 65 Agency, 500 C Street, SW., Washington, adopt or to show evidence of being DC 20472, (202) 646–2903. already in effect in order to qualify or Changes in Flood Elevation to remain qualified for participation in Determinations SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency the National Flood Insurance Program (NFIP). AGENCY: Federal Emergency makes the final determinations listed Management Agency, Emergency below for the modified BFEs for each These modified BFEs, together with Preparedness and Response Directorate, community listed. These modified the floodplain management criteria Department of Homeland Security. elevations have been published in required by 44 CFR 60.3, are the newspapers of local circulation and minimum that are required. They ACTION: Final rule. ninety (90) days have elapsed since that should not be construed to mean that publication. The Mitigation Division the community must change any SUMMARY: Modified Base (1% annual- Director of the Emergency Preparedness existing ordinances that are more chance) Flood Elevations (BFEs) are and Response Directorate has resolved stringent in their floodplain finalized for the communities listed any appeals resulting from this management requirements. The below. These modified elevations will notification. community may at any time enact be used to calculate flood insurance The modified BFEs are not listed for stricter requirements of its own, or premium rates for new buildings and each community in this notice. pursuant to policies established by other their contents. However, this rule includes the address Federal, State, or regional entities.

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These modified BFEs are used to meet modified base flood elevations are List of Subjects in 44 CFR Part 65 the floodplain management required by the Flood Disaster requirements of the NFIP and are also Protection Act of 1973, 42 U.S.C. 4105, Flood insurance, Floodplains, used to calculate the appropriate flood and are required to maintain community Reporting and recordkeeping insurance premium rates for new eligibility in the NFIP. No regulatory requirements. buildings built after these elevations are flexibility analysis has been prepared. I Accordingly, 44 CFR part 65 is made final, and for the contents in these Regulatory Classification. This final amended to read as follows: buildings. rule is not a significant regulatory action The changes in BFEs are in under the criteria of section 3(f) of PART 65—[AMENDED] accordance with 44 CFR 65.4. Executive Order 12866 of September 30, National Environmental Policy Act. 1993, Regulatory Planning and Review, I 1. The authority citation for part 65 This rule is categorically excluded from 58 FR 51735. continues to read as follows: the requirements of 44 CFR part 10, Environmental Consideration. No Executive Order 12612, Federalism. Authority: 42 U.S.C. 4001 et seq.; environmental impact assessment has This rule involves no policies that have Reorganization Plan No. 3 of 1978, 3 CFR, been prepared. federalism implications under Executive 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Regulatory Flexibility Act. The Order 12612, Federalism, dated October 3 CFR, 1979 Comp., p. 376. 26, 1987. Mitigation Division Director of the § 65.4 [Amended] Emergency Preparedness and Response Executive Order 12778, Civil Justice Directorate certifies that this rule is Reform. This rule meets the applicable I 2. The tables published under the exempt from the requirements of the standards of section 2(b)(2) of Executive authority of § 65.4 are amended as Regulatory Flexibility Act because Order 12778. follows:

Dates and names of newspaper Effective date of Community State and county Location where notice was Chief Executive Officer of community modification number published

Illinois: Adams Unincorporated December 3, 2003, Mr. Mike McLaughlin, Adams County March 10, 2004 ...... 170001 (Case No. 03– Areas. December 10, Board Chairman, Adams County 05–5163P) 2003, Quincy Courthouse, 507 Vermont Street, (FEMA Docket Herald-Whig. Quincy, IL 62301. No. P7632). Illinois: Calhoun Unincorporated December 3, 2003, Mr. Vince Tepen, Calhoun County, March 10, 2004 ...... 170018 (Case No. 03– Areas. December 10, Board of County Commissioners, 05–5163P) 2003, Calhoun P.O. Box 187, Hardin, IL 62047. (FEMA Docket News-Herald. No. P7632). Illinois: Madison Village of Hartford .. November 19, The Hon. William Moore, Jr., Mayor, Vil- December 8, 2003 170444 (Case No. 03– 2003, November lage of Hartford, 140 West Haw- 05–5172P) 26, 2003, The thorne, Hartford, IL 62048. (FEMA Docket Telegraph. No. P7632). Illinois: Pike (Case Village of Hull ...... December 2, 2003, The Honorable Kirk Rued, Mayor, Vil- March 10, 2004 ...... 170553 No. 03–05– December 9, lage of Hull, Hull Village Hall, P.O. 5163P) (FEMA 2003, The Paper. Box 70, Hull, IL 62343. Docket No. P7632). Illinois: Madison Unincorporated November 19, The Honorable Alan J. Dunstan, Madi- December 8, 2003 170436 (Case No. 03– Areas. 2003, November son County Board Chairman, Madi- 05–5172P) 26, 2003, The son County Admin. Building, 157 N. (FEMA Docket Telegraph. Main Street, Suite 165, Edwardsville, No. P7632). IL 62025–1963. Illinois: Pike (Case Unincorporated December 3, 2003, Mr. Scott Syrcle, Pike County Board March 10, 2004 ..... 170551 No. 03–05– Areas. December 10, Chairman, 100 East Washington 5163P) (FEMA 2003, The Pike Street, Pittsfield, IL 62363. Docket No. Press. P7632). Illinois: Pike (Case Village of Pleasant December 3, 2003, Mr. William R. Graham, President, Vil- March 10, 2004 ...... 170558 No. 03–05– Hill. December 10, lage of Pleasant Hill, Village Hall, 104 5163P) (FEMA 2003, The Pike West Quincy Street, Pleasant Hill, IL Docket No. Press. 62366. P7632). Illinois: Madison Village of Roxana .. November 19, The Honorable Fred Hubbard, Presi- December 8, 2003 170448 (Case No. 03– 2003, November dent, Village of Roxana, 400 South 05–5172P) 26, 2003, The Central Avenue, Roxana, IL 62084. (FEMA Docket Telegraph. No. P7632). Illinois: Kendall Village of Oswego .. October 23, 2003, Mr. Craig Weber, President, Village of October 6, 2003 ..... 170345 (Case No. 03– October 30, Oswego, 113 Main Street, Oswego, 05–0545P) 2003, The Ledg- IL 60543. (FEMA Docket er-Sentinel. No. P7630).

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Dates and names of newspaper Effective date of Community State and county Location where notice was Chief Executive Officer of community modification number published

Indiana: Lake (Case Town of Griffith ...... October 23, 2003, The Honorable Stanley Dobosz, Town January 29, 2004 ... 185175 No. 03–05– October 30, Council President, Town of Griffith, 5175P) (FEMA 2003, The Times. 111 North Broad Street, Griffith, IN Docket No. 46319. P7630). Indiana: Lake (Case Town of Highland ... October 23, 2003, The Honorable Mark Herak, Town January 29, 2004 ... 185176 No. 03–05– October 30, Council President, Town of Highland, 5174P) (FEMA 2003, The Times. 3333 Ridge Road, Highland, IN Docket No. 46322. P7630). Indiana: Lake (Case Unincorporated October 23, 2003, The Honorable Gerry J. Scheub, Presi- January 29, 2004 ... 180126 No. 03–05– Areas. October 30, dent, Lake County, Board of Commis- 3366P) (FEMA 2003, The Times. sioners, 2293 North Main Street, 3rd Docket No. Floor, Building A, Crown Point, IN P7630). 46307. Iowa: Johnson City of Coralville ..... November 7, 2003, The Honorable Jim Fausett, Mayor, City February 13, 2004 190169 (Case No. 03– November 14, of Coralville, 1512 7th Street, 07–105P) (FEMA 2003, Iowa City Coralville, IA 52241. Docket No. Press-Citizen. P7632). Kansas: Douglas City of Lawrence .... November 7, 2003, The Hon. David M. Dunfield, Mayor, February 13, 2004 200090 (Case No. 03– November 14, City of Lawrence, P.O. Box 708, 6 07–1276P) 2003, Lawrence East 6th Street, Lawrence, KS 66044. (FEMA Docket Journal World. No. P7632). Louisiana: East City of Zachary ...... October 16, 2003, The Honorable Charlene Smith, Mayor, September 30, 220061 Baton Rouge October 23, City of Zachary, 4700 Main Street, 2003. Parish (Case No. 2003, The Zachary, LA 70791. 03–06–827P) Zachary (FEMA Docket Plainsman. No. P7630). Michigan: Macomb City of Fraser ...... October 31, 2003, The Hon. Edmund T. Adamczyk, Mayor, October 17, 2003 ... 260122 (Case No. 03– November 7, City of Fraser, City Hall, 33000 Gar- 05–3367P) 2003, The field Road, Fraser, MI 48026. (FEMA Docket Macomb Daily. No. P7630). Michigan: Oakland City of Troy ...... December 4, 2003, The Honorable Matt Pryor, Mayor, City March 11, 2004 ...... 260180 (Case No. 03– December 11, of Troy, 500 West Big Beaver Road, 05–0535P) 2003, The Troy Troy, MI 48084. (FEMA Docket Times. No. P7632). Minnesota: Carver Unincorporated October 23, 2003, Mr. David Hemze, Acting Administrator, January 29, 2004 ... 270049 (Case No. 02– Areas. October 30, Carver County, Carver County Court- 05–0831P) 2003, The house, 600 East Fourth Street, (FEMA Docket Waconia Patriot. Chaska, MN 55318. No. P7630). Minnesota: Le City of New Prague December 4, 2003, The Honorable Craig Sindelar, Mayor, March 11, 2004 ..... 270249 Sueur (Case No. December 11, City of New Prague, 118 Central Ave- 03–05–1835P) 2003, The New nue, New Prague, MN 56071. (FEMA Docket Prague Times. No. P7632). Minnesota: Unincorporated December 19, Mr. Brian Bensen, Sherburne County December 3, 2003 270435 Sherburne (Case Areas. 2003, December Administrator, Sherburne County No. 03–05– 26, 2003, St. Government Center, 13880 Highway 3980P) (FEMA Cloud Times. 10, Elk River, MN 55330. Docket No. P7632). Missouri: St. Louis Unincorporated October 22, 2003, Mr. Buzz Westfall, St. Louis County Ex- January 28, 2004 ... 290327 (Case No. 03– Areas. October 29, ecutive, 41 South Central Avenue, St. 07–894P) (FEMA 2003, St. Louis Louis, MO 63105. Docket No. Post Dispatch. P7630). New Mexico: City of Albuquerque December 22, The Honorable Martin Chavez, Mayor, November 20, 2003 350002 Bernalillo (Case 2003, December City of Albuquerque, P.O. Box 1293, No. 04–06–241P) 29, 2003, Albu- Albuquerque, NM 87103. (FEMA Docket querque Journal. No. P7632).

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Dates and names of newspaper Effective date of Community State and county Location where notice was Chief Executive Officer of community modification number published

New Mexico: City of Albuquerque December 22, The Honorable Martin Chavez, Mayor, November 20, 2003 350002 Bernalillo (Case 2003, December City of Albuquerque, P.O. Box 1293, No. 04–06–245P) 29, 2003, Albu- Albuquerque, NM 87103. (FEMA Docket querque Journal. No. P7632). New Mexico: City of Albuquerque December 22, The Honorable Martin Chavez, Mayor, November 20, 2003 350002 Bernalillo (Case 2003, December City of Albuquerque, P.O. Box 1293, No. 04–06–245P) 29, 2003, Albu- Albuquerque, NM 87103. (FEMA Docket querque Journal. No. P7632). New Mexico: City of Albuquerque December 22, The Honorable Martin Chavez, Mayor, November 20, 2003 350002 Bernalillo (Case 2003, December City of Albuquerque, P.O. Box 1293, No. 04–06–246P) 29, 2003, Albu- Albuquerque, NM 87103. (FEMA Docket querque Journal. No. P7632). New Mexico: City of Albuquerque October 23, 2003, The Honorable Martin Chavez, Mayor, October 9, 2003 ..... 350002 Bernalillo (Case October 30, City of Albuquerque, P.O. Box 1293, No. 03–06– 2003, Albu- Albuquerque, NM 87103. 1734P) (FEMA querque Journal. Docket No. P7630). New Mexico: City of Albuquerque November 6, 2003, The Honorable Martin Chavez, Mayor, October 21, 2003 ... 350002 Bernalillo (Case November 13, City of Albuquerque, P.O. Box 1293, No. 03–06– 2003, Albu- Albuquerque, NM 87103. 1742P) (FEMA querque Journal. Docket No. P7632). New Mexico: Unincorporated September 30, Mr. Tom Rutherford, Chairman, January 6, 2004 ..... 350001 Bernalillo (Case Areas. 2003, October 7, Bernalillo County, One Civic Plaza No. 03–06– 2003, Albu- NW., Albuquerque, NM 87102. 2528P) (FEMA querque Journal. Docket No. P7630). New Mexico: Unincorporated November 6, 2003, Mr. Tom Rutherford, Chairman, October 21, 2003 ... 350001 Bernalillo (Case Areas. November 13, Bernalillo County, One Civic Plaza, No. 03–06– 2003, Albu- NW., Albuquerque, NM 87102. 1742P) (FEMA querque Journal. Docket No. P7632). New Mexico: Unincorporated December 22, Mr. Tom Rutherford, Chairman, November 20, 2003 350001 Bernalillo (Case Areas. 2003, December Bernalillo County, One Civic Plaza, No. 04–06–241P) 29, 2003, Albu- NW., Albuquerque, NM 87102. (FEMA Docket querque Journal. No. P7632). New Mexico: Unincorporated December 22, Mr. Tom Rutherford, Chairman, November 20, 2003 350001 Bernalillo (Case Areas. 2003, December Bernalillo County, One Civic Plaza, No. 04–06–242P) 29, 2003, Albu- NW., Albuquerque, NM 87102. (FEMA Docket querque Journal. No. P7632). New Mexico: Unincorporated December 22, Mr. Tom Rutherford, Chairman, December 4, 2003 350001 Bernalillo (Case Areas. 2003, December Bernalillo County, One Civic Plaza, No. 04–06–243P) 29, 2003, Albu- N.W., Albuquerque, NM 87102. (FEMA Docket querque Journal. No. P7632). Ohio: Allen (Case Allen County ...... December 22, Mr. Fred Eldridge, Allen County Admin- March 29, 2004 ...... 390758 No. 03–05– 2003, December istrator, 301 North Main, Lima, OH 0444P) (FEMA 29, 2003, The 45802. Docket No. Lima News. P7632). Ohio: Delaware Village of Powell .... November 19, The Honorable Art Schultz, Mayor, Vil- February 25, 2004 390626 (Case No. 03– 2003, November lage of Powell, 47 Hall Street, Powell, 05–2574P) 26, 2003, OH 43065. (FEMA Docket Olentangy Valley No. P7632). News. Oklahoma: Okla- Unincorporated November 18, Mr. Stan Inman, Chairman, Oklahoma February 24, 2004 400466 homa (Case No. Areas. 2003, November County Commission, 320 Robert S. 03–06–691P) 25, 2003, The Kerr Avenue, Suite 621, Oklahoma (FEMA Docket Daily Oklahoman. City, OK 73102. No. P7632).

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Dates and names of newspaper Effective date of Community State and county Location where notice was Chief Executive Officer of community modification number published

Oklahoma: Rogers Unincorporated August 29, 2003, Mr. Gerry Payne, Chairman, Board of September 12, 405379 (Case No. 03– Areas. September 5, Commissioners, 219 South Missouri, 2003. 06–1392P) 2003, Claremore Claremore, OK 74017. (FEMA Docket Daily Progress. No. P7632). Oklahoma: Tulsa City of Tulsa ...... October 17, 2003, The Honorable Bill LaFortune, Mayor, October 1, 2003 ..... 405381 (Case No. 03– October 24, City of Tulsa, City Hall, 200 Civic 06–1541P) 2003, Tulsa Center, Tulsa, OK 74103. (FEMA Docket World. No. P7630). Oklahoma: Tulsa City of Tulsa ...... October 24, 2003, The Honorable Bill LaFortune, Mayor, October 9, 2003 ..... 405381 (Case No. 03– October 31, City of Tulsa, City Hall, 200 Civic 06–1945P) 2003, Tulsa Center, Tulsa, OK 74103. (FEMA Docket World. No. P7630). Texas: Johnson City of Burleson ..... October 22, 2003, The Honorable Byron Black, Mayor, January 28, 2004 ... 485459 (Case No. 03– October 29, City of Burleson, 141 West Renfro, 06–060P) (FEMA 2003, The Burleson, TX 76028. Docket No. Burleson Star. P7630). Texas: Johnson City of Burleson ..... December 3, 2003, The Honorable Byron Black, Mayor, March 10, 2004 ...... 485459 (Case No. 03– December 10, City of Burleson, 141 West Renfro, 06–1544P) 2003, The Burleson, TX 76028. (FEMA Docket Burleson Star. No. P7632). Texas: Dallas City of Carrollton .... October 24, 2003, The Honorable Mark Stokes, Mayor, October 7, 2003 ..... 480167 (Case No. 03– October 31, City of Carrollton, 1945 E. Jackson 06–435P) (FEMA 2003, Northwest Road, Carrollton, TX 75006. Docket No. Morning News. P7630). Texas: Dallas City of Carrollton .... November 14, The Honorable Mark Stokes, Mayor, October 30, 2003 ... 480167 (Case No. 03– 2003, November City of Carrollton, 1945 E. Jackson 06–838P) (FEMA 21, 2003, North- Road, Carrollton, TX 75006. Docket No. west Morning P7632). News. Texas: Dallas City of Cedar Hill ... October 17, 2003, The Honorable Robert Franke, Mayor, January 23, 2004 ... 480168 (Case No. 02– October 24, City of Cedar Hill, P.O. Box 96, 06–2440P) 2003, Dallas Cedar Hill, TX 75106. (FEMA Docket Morning News. No. P7630). Texas: Tarrant City of Fort Worth .. October 21, 2003, The Hon. Michael J. Moncrief, Mayor, October 9, 2003 ..... 480596 (Case No. 02– October 28, City of Fort Worth, 1000 06–2311P) 2003, The Star Throckmorton Street, Fort Worth, TX (FEMA Docket Telegram. 76102–6311. No. P7630). Texas: Tarrant City of Fort Worth .. October 22, 2003, The Hon. Michael J. Moncrief, Mayor, October 7, 2003 ..... 480596 (Case No. 03– October 29, City of Fort Worth, 1000 06–1376P) 2003, The Star Throckmorton Street, Fort Worth, TX (FEMA Docket Telegram. 76102–6311. No. P7630). Texas: Denton Town of Flower October 29, 2003, The Honorable Lori DeLuca, Mayor, October 15, 2003 ... 480777 (Case No. 03– Mound. November 5, Town of Flower Mound, 2121 Cross 06–1926P) 2003, Flower Timbers Road, Flower Mound, TX (FEMA Docket Mound Leader. 75028. No. P7630). Texas: Harris (Case Unincorporated November 11, The Hon. Robert A. Eckels, Judge, Har- February 17, 2004 480287 No. 03–06–405P) Areas. 2003, November ris County, 1001 Preston, Suite 911, (FEMA Docket 18, 2003, The Houston, TX 77002. No. P7632). Houston Chron- icle. Texas: Denton City of Hebron ...... October 22, 2003, The Honorable Kelly Clem, Mayor, October 7, 2003 ..... 481495 (Case No. 03– October 29, Town of Hebron, 4216 Charles 06–435P) (FEMA 2003, The Street, Carrollton, TX 75010. Docket No. Carrollton Leader. P7630). Texas: Hidalgo Unincorporated December 10, The Honorable Ramon Garcia, Judge, March 17, 2004 ...... 480334 (Case No. 03– Areas. 2003, December Hidalgo County, 100 East Cano 06–1738P) 17, 2003, Edin- Street, Edinburg, TX 78539. (FEMA Docket burg Daily Re- No. P7632). view.

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Dates and names of newspaper Effective date of Community State and county Location where notice was Chief Executive Officer of community modification number published

Texas: Harris (Case City of Houston ...... November 11, The Honorable Bill White, Mayor, City February 17, 2004 480296 No. 03–06–405P) 2003, November of Houston, P.O. Box 1562, Houston, (FEMA Docket 18, 2003, The TX 77251. No. P7632). Houston Chron- icle. Texas: Hays (Case City of Kyle ...... December 10, The Honorable James Adkins, Mayor, November 17, 2003 481108 No. 03–06– 2003, December City of Kyle, 300 West Center, Kyle, 1735P) (FEMA 17, 2003, The TX 78640. Docket No. Kyle Eagle. P7632). Texas: Hidalgo City of La Joya ...... December 10, The Honorable Billy Leo, Mayor, City of March 17, 2004 ...... 480341 (Case No. 03– 2003, December La Joya, 100 West Expressway 83, 06–1738P) 17, 2003, Edin- La Joya, TX 78560. (FEMA Docket burg Daily Re- No. P7632). view. Texas: Tarrant City of North Rich- October 22, 2003, The Hon. T. Oscar Trevino, Jr., Mayor, October 7, 2003 ..... 480607 (Case No. 03– land Hills. October 29, City of N. Richland Hills, 7301 North 06–444P) (FEMA 2003, The North- East Loop 820, North Richland Hills, Docket No. east Tarrant, TX 76180. P7630). County Morning News. Texas: Harris (Case City of Pasadena ... November 11, The Honorable John Manlove, Mayor, February 17, 2004 480307 No. 03–06– 2003, November City of Pasadena, City Hall, 1211 1531P) (FEMA 18, 2003, The Southmore, Pasadena, TX 77502. Docket No. Pasadena Citizen. P7632). Texas: Collin (Case City of Plano ...... October 29, 2003, The Honorable Pat Evans, Mayor, City February 4, 2004 ... 480140 No. 03–06–407P) November 5, of Plano, P.O. Box 860358, Plano, (FEMA Docket 2003, Plano Star TX 75086–0358. No. P7630). Courier. Texas: Dallas City of Richardson December 4, 2004, The Honorable Gary A. Slagel, Mayor, November 12, 2003 480184 (Case No. 03– December 11, City of Richardson, P.O. Box 830309, 06–427P) (FEMA 2003, The Rich- Richardson, TX 75083–0309. Docket No. ardson Morning P7632). News. Texas: Bexar (Case City of San Antonio December 5, 2003, The Honorable Ed Garza, Mayor, City March 12, 2004 ...... 480045 No. 03–06–039P) December 12, of San Antonio, P.O. Box 839966, (FEMA Docket 2003 San Antonio San Antonio, TX 78283–3966. No. P7632). Express News. Texas: Hays (Case City of San Marcos October 17, 2003, The Hon. Robert Habingreither, Mayor, September 30, 485505 No. 02–06– October 24, City of San Marcos, 630 East Hop- 2003. 1681P) (FEMA 2003, San kins, San Marcos, TX 78666. Docket No. Marcos Daily P7630). Record.

(Catalog of Federal Domestic Assistance No. DEPARTMENT OF HOMELAND Elevations (BFEs) is appropriate because 83.100, ‘‘Flood Insurance.’’) SECURITY of new scientific or technical data. New Dated: August 10, 2004. flood insurance premium rates will be David I. Maurstad, Federal Emergency Management calculated from the modified BFEs for Agency Acting Director, Mitigation Division, new buildings and their contents. Emergency Preparedness and Response DATES: These modified BFEs are 44 CFR Part 65 Directorate. currently in effect on the dates listed in [FR Doc. 04–19009 Filed 8–18–04; 8:45 am] [Docket No. FEMA–D–7559] the table and revise the Flood Insurance BILLING CODE 9110–12–P Rate Map(s) (FIRMs) in effect prior to Changes in Flood Elevation this determination for each listed Determinations community. From the date of the second AGENCY: Federal Emergency Management Agency (FEMA), publication of these changes in a Emergency Preparedness and Response newspaper of local circulation, any Directorate, Department of Homeland person has ninety (90) days in which to Security. request through the community that the Director reconsider the changes. The ACTION: Interim rule. modified elevations may be changed SUMMARY: This interim rule lists during the 90-day period. communities where modification of the ADDRESSES: The modified BFEs for each Base (1% annual chance) Flood community are available for inspection

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at the office of the Chief Executive to remain qualified for participation in Regulatory Classification. This Officer of each community. The the National Flood Insurance Program interim rule is not a significant respective addresses are listed in the (NFIP). regulatory action under the criteria of table below. These modified elevations, together section 3(f) of Executive Order 12866 of FOR FURTHER INFORMATION CONTACT: with the floodplain management criteria September 30, 1993, Regulatory Doug Bellomo, P.E., Hazard required by 44 CFR 60.3, are the Planning and Review, 58 FR 51735. Identification Section, Emergency minimum that are required. They Executive Order 12612, Federalism. Preparedness and Response Directorate, should not be construed to mean that This rule involves no policies that have FEMA, 500 C Street SW., Washington, the community must change any federalism implications under Executive DC 20472, (202) 646–2903. existing ordinances that are more Order 12612, Federalism, dated October SUPPLEMENTARY INFORMATION: The stringent in their floodplain 26, 1987. modified BFEs are not listed for each management requirements. The Executive Order 12778, Civil Justice community in this interim rule. community may at any time enact Reform. This rule meets the applicable However, the address of the Chief stricter requirements of its own, or standards of section 2(b)(2) of Executive Executive Officer of the community pursuant to policies established by other Order 12778. Federal, State or regional entities. where the modified BFE determinations List of Subjects in 44 CFR Part 65 are available for inspection is provided. The changes in BFEs are in Any request for reconsideration must accordance with 44 CFR 65.4. Flood insurance, floodplains, be based upon knowledge of changed National Environmental Policy Act. reporting and recordkeeping conditions, or upon new scientific or This rule is categorically excluded from requirements. technical data. the requirements of 44 CFR part 10, I Accordingly, 44 CFR part 65 is The modifications are made pursuant Environmental Consideration. No amended to read as follows: to section 201 of the Flood Disaster environmental impact assessment has Protection Act of 1973, 42 U.S.C. 4105, been prepared. PART 65 —[AMENDED] and are in accordance with the National Regulatory Flexibility Act. The Flood Insurance Act of 1968, 42 U.S.C. Mitigation Division Director of the I 1. The authority citation for part 65 4001 et seq., and with 44 CFR part 65. Emergency Preparedness and Response continues to read as follows: For rating purposes, the currently Directorate certifies that this rule is Authority: 42 U.S.C. 4001 et seq.; effective community number is shown exempt from the requirements of the Reorganization Plan No. 3 of 1978, 3 CFR, and must be used for all new policies Regulatory Flexibility Act because 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, and renewals. modified BFEs are required by the Flood 3 CFR, 1979 Comp., p. 376. The modified BFEs are the basis for Disaster Protection Act of 1973, 42 § 65.4 [Amended] the floodplain management measures U.S.C. 4105, and are required to that the community is required to either maintain community eligibility in the I 2. The tables published under the adopt or to show evidence of being NFIP. No regulatory flexibility analysis authority of § 65.4 are amended as shown already in effect in order to qualify or has been prepared. below:

Dates and name of newspaper where Effective date of Community State and county Location notice was pub- Chief Executive Officer of community modification number lished

Alabama: Houston City of Dothan ...... May 13, 2004, May The Honorable Chester L. Sowell, III, May 5, 2004 ...... 010104 E 20, 2004, The Mayor of the City of Dothan, P.O. Dothan Eagle. Box 2128, Dothan, Alabama 36302. Alabama: Jefferson Unincorporated June 1, 2004, June Mr. Larry Langford, President of the Jef- September 7, 2004 010217 E Areas. 8, 2004, The Bir- ferson County Commission, 716 Rich- mingham News. ard Arrington Jr. Boulevard North, Bir- mingham, Alabama 35203–0005. Connecticut: Fair- Town of Greenwich May 4, 2004, May Mr. Jim Lash, Town of Greenwich First April 26, 2004 ...... 090008 C field. 11, 2004, Green- Selectman, Town Hall, 101 Field wich Time. Point Road, Greenwich, Connecticut 06830. Connecticut: Town of Somers .... June 4, 2004, June Mr. David A. Pinney, Town of Somers May 27, 2004 ...... 090112 B Tolland. 11, 2004, Journal First Selectman, Somers Town Hall, Inquirer. 600 Main Street, Somers, Con- necticut 06071. Delaware: New Unincorporated May 10, 2004, May Mr. Thomas P. Gordon, New Castle August 16, 2004 .... 105085 G Castle. Areas. 17, 2004, The County Executive, New Castle Coun- News Journal. ty Government Center, 87 Reads Way, New Castle, Delaware 19720. Florida: Duval ...... City of Jacksonville April 19, 2004, April The Honorable John Peyton, Mayor of July 26, 2004 ...... 120077 E 26, 2004, The the City of Jacksonville, City Hall at Florida Times- St. James, 4th Floor, 117 West Duval Union. Street, Suite 400, Jacksonville, Flor- ida 32202. Florida: Polk ...... Unincorporated April 20, 2004, April Mr. Michael Herr, Polk County Man- July 27, 2004 ...... 120261 F Areas. 27, 2004, The ager, 330 West Church Street, P.O. Ledger. Box 9005, Drawer CS–10, Bartow, Florida 33831–9005.

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Dates and name of newspaper where Effective date of Community State and county Location notice was pub- Chief Executive Officer of community modification number lished

Florida: Polk ...... Unincorporated June 14, 2004, Mr. Michael Herr, Polk County Man- June 7, 2004 ...... 120261 F Areas. June 21, 2004, ager, 330 West Church Street, P.O. The Ledger. Box 9005, Drawer CA01, Bartow, Florida 33831–9005. Georgia: Harris ...... Unincorporated June 3, 2004, June Ms. Carol Silva, Harris County Man- May 25, 2004 ...... 130338 A Areas. 10, 2004, Harris ager, P.O. Box 365, Hamilton, Geor- County Journal. gia 31811. Georgia: Chatham City of Savannah ... June 10, 2004, The Honorable Otis S. Johnson, Ph.D., June 3, 2004 ...... 135163 C June 17, 2004, Mayor of the City of Savannah, P.O. Savannah Morn- Box 1027, Savannah, Georgia 31402. ing News. Illinois: DuPage ...... Village of Lisle ...... June 7, 2004, June The Honorable Joseph Broda, Mayor of September 13, 170211 B 14, 2004, Daily the Village of Lisle, 925 Burlington 2004. Herald. Avenue, Lisle, Illinois 60532–1838. Kentucky ...... Lexington-Fayette April 23, 2004, April The Honorable Teresa Isaac, Mayor of July 30, 2004 ...... 210067 C Urban County 30, 2004, Lex- the Lexington-Fayette Urban County Government. ington Herald- Government, 200 East Main Street, Leader. 12th Floor, Lexington-Fayette Gov- ernment Building, Lexington, Ken- tucky 40507. Maryland: Harford .. Unincorporated June 18, 2004, Mr. James M. Harkins, Harford County September 24, 240040 D Areas. June 25, 2004, Executive, 220 South Main Street, 2004. The Aegis. Bel Air, Maryland 21014. Massachusetts: Town of Falmouth .. April 23, 2004, April Mr. Robert L. Whritenour, Jr., Falmouth April 16, 2004 ...... 255211 G Barnstable. 30, 2004, Cape Town Administrator, 59 Town Hall Cod Times. Square, Falmouth, Massachusetts 02540. New Jersey: Cam- Township of Wins- March 31, 2004, The Honorable Sue Ann Metzner, August 20, 2004 .... 340148 B den. low. April 7, 2004, The Mayor of the Township of Winslow, Jersey Journal. 125 South Route 73, Winslow, New Jersey 08037. North Carolina: Dur- Unincorporated May 28, 2004, June Mr. Michael M. Ruffin, Durham County May 21, 2004 ...... 370085 G ham. Areas. 4, 2004, The Her- Manager, 200 East Main Street, 2nd ald-Sun. Floor, Durham, North Carolina 27701. North Carolina: City of Fayetteville May 6, 2004, May Mr. Roger Stancil, Fayetteville City August 13, 2004 .... 370077 B Cumberland. 13, 2004, Fay- Manager, P.O. Box 1846, Fayette- etteville Observer. ville, North Carolina 28301. Puerto Rico ...... Commonwealth ...... May 14, 2004, May The Honorable Sila M. Calderon, Gov- May 5, 2004 ...... 720000 C 21, 2004, The ernor of the Commonwealth of Puerto San Juan Star. Rico, Office of the Governor, P.O. Box 9020082, San Juan, Puerto Rico 00902–0082. South Carolina: Unincorporated April 20, 2004, April Mr. T. Cary McSwain, Richland County July 27, 2004 ...... 450170 H Richland. Areas. 27, 2004, The Administrator, 2020 Hampton Street, State. P.O. Box 192, Columbia, South Caro- lina 29202.

(Catalog of Federal Domestic Assistance No. DEPARTMENT OF HOMELAND and modified BFEs are the basis for the 83.100, ‘‘Flood Insurance.’’) SECURITY floodplain management measures that Dated: August 10, 2004. each community is required either to David I. Maurstad, Federal Emergency Management adopt or to show evidence of being Agency Acting Director, Mitigation Division, already in effect in order to qualify or Emergency Preparedness and Response remain qualified for participation in the 44 CFR Part 67 Directorate. National Flood Insurance Program (NFIP). [FR Doc. 04–19010 Filed 8–18–04; 8:45 am] Final Flood Elevation Determinations BILLING CODE 9110–12–P EFFECTIVE DATES: The date of issuance of AGENCY: Federal Emergency the Flood Insurance Rate Map (FIRM) Management Agency (FEMA), showing BFEs and modified BFEs for Emergency Preparedness and Response each community. This date may be Directorate, Department of Homeland obtained by contacting the office where Security. the maps are available for inspection as ACTION: Final rule. indicated on the table below. SUMMARY: Base (1% annual chance) ADDRESSES: The final BFEs for each Flood Elevations (BFEs) and modified community are available for inspection BFEs are made final for the at the office of the Chief Executive communities listed below. The BFEs Officer of each community. The

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respective addresses are listed in the standards of section 2(b)(2) of Executive # Depth in table below. Order 12778. feet above ground. FOR FURTHER INFORMATION CONTACT: * Elevation List of Subjects in 44 CFR Part 67 Source of flooding and location in feet Doug Bellomo, P.E., Hazard (NGVD) Identification Section, Emergency Administrative practice and • Elevation Preparedness and Response Directorate, procedure, flood insurance, reporting in feet (NAVD) FEMA, 500 C Street, SW., Washington, and recordkeeping requirements. DC 20472, (202) 646–2903. I Accordingly, 44 CFR part 67 is Approximately 1,200 feet up- SUPPLEMENTARY INFORMATION: stream of confluence with FEMA amended as follows: Ginger Creek ...... * 671 makes the final determinations listed Approximately 500 feet up- below for the modified BFEs for each PART 67 [AMENDED] stream of Kingston Road .. * 672 community listed. These modified I Village of Oak Brook elevations have been published in 1. The authority citation for part 67 continues to read as follows: Midwest Club Tributary: newspapers of local circulation and At confluence with Ginger ninety (90) days have elapsed since that Authority: 42 U.S.C. 4001 et seq.; Creek ...... *696 publication. The Mitigation Division Reorganization Plan No. 3 of 1978, 3 CFR, Approximately 550 feet up- Director of the Emergency Preparedness 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, stream of Oak Brook Road *702 and Response Directorate, has resolved 3 CFR, 1979 Comp., p. 376. Village of Oak Brook any appeals resulting from this § 67.11 [Amended] Lombard Tributary: notification. Approximately 500 feet up- I 2. The tables published under the stream of confluence with This final rule is issued in accordance Ginger Creek ...... *701 with section 110 of the Flood Disaster authority of § 67.11 are amended as Approximately 670 feet up- Protection Act of 1973, 42 U.S.C. 4104, follows: stream of Royal Valley and 44 CFR part 67. Drive ...... *703 # Depth in The Agency has developed criteria for feet above Village of Oak Brook floodplain management in floodprone ground. Heritage Oaks Tributary: areas in accordance with 44 CFR part * Elevation At the confluence with Ginger Source of flooding and location in feet Creek ...... *699 60. (NGVD) Approximately 750 feet up- Interested lessees and owners of real • Elevation in feet stream of Ginger Creek ..... *699 property are encouraged to review the (NAVD) Salt Creek: proof Flood Insurance Study and FIRM ILLINOIS Approximately 100 feet up- available at the address cited below for stream of York Road ...... *645 each community. DuPage County (FEMA Downstream side of Frontage The BFEs and modified BFEs are Docket No. D–7568) Road ...... *662 made final in the communities listed Des Plaines River: Village of Oak Brook, City of below. Elevations at selected locations At southern County boundary Oak Brook Terrace along Chicago Sanitary Midwest Club Tributary in each community are shown. Canal ...... * 594 National Environmental Policy Act. Ponding Area: At southern County boundary Approximately 50 feet south- This rule is categorically excluded from along Chicago Sanitary west of the intersection of the requirements of 44 CFR part 10, Canal ...... * 595 CT 20 and Midwest Club Environmental Consideration. No ——— Parkway ...... *702 environmental impact assessment has DuPage County (Unincor- Village of Oak Brook porated Areas), Village of been prepared. For all communities listed Lemont above, maps are available Regulatory Flexibility Act. The for inspection at the DuPage Mitigation Division Director of the West Branch Tributary No. 4: Approximately 600 feet up- County Department of Devel- Emergency Preparedness and Response stream of Timber Lane ...... * 744 opment and Environmental Directorate certifies that this rule is Approximately 925 feet up- Concerns, 2nd floor, 421 stream of Timber Lane ...... *744 North County Farm Road, exempt from the requirements of the Wheaton, Illinois. Regulatory Flexibility Act because final Village of Carol Stream or modified BFEs are required by the East Branch Tributary No. 2: KENTUCKY Flood Disaster Protection Act of 1973, Approximately 250 feet up- stream of the confluence 42 U.S.C. 4104, and are required to Boyd County (FEMA Docket with East Branch DuPage No. D–7590) establish and maintain community River ...... * 694 Ohio River: eligibility in the NFIP. No regulatory Approximately 1,400 feet up- Approximately 0.8 mile up- flexibility analysis has been prepared. stream of Main Street ...... * 723 stream of the downstream Regulatory Classification. This final Village of Glendale Heights county boundary ...... *546 rule is not a significant regulatory action Ginger Creek: At upstream county boundary *549 At confluence with Salt Creek * 655 under the criteria of section 3(f) of City of Ashland, City of Approximately 1,000 feet up- Catlettsburg, Boyd County Executive Order 12866 of September 30, stream of Myers Road ...... * 699 (Unincorporated Areas) 1993, Regulatory Planning and Review, Village of Oak Brook Keys Creek: 58 FR 51735. Mays Lake Tributary: Approximately 1,350 feet up- From the confluence with Executive Order 12612, Federalism. Ohio River ...... *549 This rule involves no policies that have stream of confluence with Ginger Creek ...... * 672 Just upstream of Catlett federalism implications under Executive Approximately 1,565 feet up- Creek Road ...... *549 Order 12612, Federalism, dated October stream of Mays Lake Cul- City of Ashland, Boyd Coun- 26, 1987. vert ...... * 718 ty (Unincorporated Areas) Executive Order 12778, Civil Justice Village of Oak Brook City of Ashland Reform. This rule meets the applicable Briarwood Ditch:

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# Depth in # Depth in # Depth in feet above feet above feet above ground. ground. ground. * Elevation * Elevation * Elevation Source of flooding and location in feet Source of flooding and location in feet Source of flooding and location in feet (NGVD) (NGVD) (NGVD) • Elevation • Elevation • Elevation in feet in feet in feet (NAVD) (NAVD) (NAVD) Maps available for inspection at At the confluence with Salt Maps available for inspection at the Ashland Department of River ...... • 447 the Pioneer Village City Hall, Planning and Community De- Approximately 565 feet up- 4700 Summitt Drive, Louis- velopment, 1700 Greenup stream of Blue Lick Creek ville, Kentucky. Avenue, Room 208, Ashland, Road ...... • 447 City of Shepherdsville City of Shepherdsville Kentucky. Maps available for inspection at City of Catlettsburg Floyds Fork: At the confluence with Salt the Shepherdsville City Hall, Maps available for inspection at River ...... • 450 170 Frank E. Simon Avenue, the Catlettsburg City Hall, Approximately 3.3 miles up- Shepherdsville, Kentucky. 216 26th Street, Catlettsburg, stream of State Highway ——— Kentucky. 44 ...... • 454 Campbell County (FEMA Boyd County (Unincor- City of Hillview, City of Docket No. D–7590) porated Areas) Shepherdsville Ohio River: Maps available for inspection at Knob Creek: Approximately 4.1 miles up- the Boyd County Courthouse, At the confluence with Pond • stream of Louisville and 2800 Louisa Street, Creek ...... 431 Nashville Railroad Bridge .. *501 Catlettsburg, Kentucky. Approximately 1.3 miles up- • At upstream County bound- ——— stream of State Route 44 .. 456 ary ...... *506 Bullitt County (Unincor- Bracken County (FEMA Cities of California, Fort Docket No. D–7590) porated Areas) Knob Creek Tributary: Thomas, Melbourne, Men- Ohio River: At the confluence with Knob tor and Silver Grove, and At the downstream County Creek ...... • 444 Campbell County (Unin- boundary ...... * 506 Approximately 1 mile up- corporated Areas) Approximately 125 feet up- stream of Shuffet Lane ...... • 494 Moock Road Tributary: stream of the upstream Long Lick Creek: Approximately 100 feet up- County boundary ...... * 512 At the confluence with Salt stream of Bentwood Hills City of Augusta, Bracken River ...... • 446 Drive ...... *502 County (Unincorporated Approximately 4,100 feet up- Approximately 2,050 feet up- Areas) stream of Happy Hallow stream of Bentwood Hills Road ...... • 487 Drive ...... *521 Bracken Creek: Ohio River: At the confluence with the At the confluence of Salt City of Southgate Ohio River ...... * 510 River ...... • 443 Four Mile Creek: Approximately 1,100 feet up- Approximately 1.4 miles up- Approximately 900 feet up- stream of State Route 8 .... * 510 stream of the confluence of stream of the confluence of Bracken County (Unincor- Salt River ...... • 443 Owl Creek ...... *503 porated Areas) Pond Creek: Approximately 0.6 mile up- stream of the confluence of City of Augusta A ponding area extending from the pump station to Owl Creek ...... *503 Maps available for inspection at the confluence of Brier City of Melbourne the Augusta City Office, 219 Creek ...... • 431 Woodlawn Creek: Main Street, Augusta, Ken- Salt River: Approximately 325 feet tucky. At the confluence of Bullitt downstream of the con- Bracken County (Unincor- Lick Creek ...... •447 fluence of Woodlawn porated Areas) Approximately 1.1 miles up- Creek Tributary 2 ...... *517 Maps available for inspection at stream of the confluence of Approximately 450 feet up- the Bracken County Court- Bullitt Lick Creek ...... •447 stream of Wilson Road ...... *518 house, 116 West Miami, Bullitt County (Unincor- City of Woodlawn Brooksville, Kentucky. porated Areas) Woodlawn Creek Tributary 2: Approximately 225 feet up- ——— Whittaker Run: At the confluence with Salt stream of the confluence Bullitt County (FEMA Docket River ...... •461 with Woodlawn Creek ...... *517 No. D–7592) Approximately 700 feet up- Approximately 340 feet Brooks Run: stream of U.S. Route 31 downstream of Grand Ave- At the confluence with Floyds East ...... •490 nue ...... *517 Fork ...... • 454 Bullitt County (Unincor- City of Woodlawn Approximately 200 feet up- porated Areas) City of California stream of State Route • Maps available for inspection at Maps available for inspection at 1020 ...... 515 the Bullitt County Planning the California City Clerk’s Of- Bullitt County (Unincor- Commission, 214 Frank E. fice, 45 Madison Street, Cali- porated Areas), City of Simon Avenue, fornia, Kentucky. Fox Chase, City of Shepherdsville, Kentucky. Campbell County (Unincor- Hillview, City of Pioneer City of Fox Chase porated Areas) Village Maps available for inspection at Maps available for inspection at Brier Creek: the Fox Chase City Hall, the Campbell County Fiscal A ponding area extending 4814 Fox Chase Drive, Court, Planning and Zoning from the confluence with Shepherdsville, Kentucky. Department, 24 West Fourth Pond Creek to approxi- City of Hillview Street, Newport, Kentucky. mately 1,520 feet upstream Maps available for inspection at City of Fort Thomas • of the Railroad ...... 431 the Hillview City Hall, 298 Maps available for inspection at Bullitt County Prairie Drive, Louisville, Ken- the Fort Thomas City Office, (Unincorporated Areas) tucky. 130 North Fort Thomas Ave- Bullitt Lick Creek—Mud Run: City of Pioneer Village nue, Fort Thomas, Kentucky.

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# Depth in # Depth in # Depth in feet above feet above feet above ground. ground. ground. * Elevation * Elevation * Elevation Source of flooding and location in feet Source of flooding and location in feet Source of flooding and location in feet (NGVD) (NGVD) (NGVD) • Elevation • Elevation • Elevation in feet in feet in feet (NAVD) (NAVD) (NAVD) City of Melbourne Maps available for inspection at Approximately 0.04 mile up- Maps available for inspection at the Greenup County Court- stream of the upstream the Melbourne City Hall, 502 house, Room 102, Greenup, county boundary ...... *518 Garfield Avenue, Melbourne, Kentucky. City of Dover, City of Kentucky. City of Greenup Maysville, Mason County City of Mentor Maps available for inspection at (Unincorporated Areas) Maps available for inspection at the Greenup City Hall, 1005 City of Dover the Campbell County Fiscal Walnut Street, Greenup, Maps available for inspection at Court, Planning and Zoning Kentucky. the Dover City Hall, 2060 Department, 24 West Fourth City of Russell Lucretia Street, Dover, Ken- Street, Newport, Kentucky. Maps available for inspection at tucky. City of Silver Grove the Russell City Hall, 410 Mason County (Unincor- Maps available for inspection at Ferry Street, Russell, Ken- porated Areas) the Silver Grove City Hall, tucky. Maps available for inspection at 308 Oak Street, Silver Grove, City of Worthington the Mason County Judge/Ex- Kentucky. Maps available for inspection at ecutive’s Office, 219 Court Street, Maysville, Kentucky. City of Southgate the Worthington City Hall, City of Maysville Maps available for inspection at 512 Ferry Street, Wor- the Southgate City Hall, 122 thington, Kentucky. Maps available for inspection at Electric Avenue, Southgate, City of Wurtland the Maysville City Hall, 216 Kentucky. Bridge Street, Maysville, Maps available for inspection at Kentucky. City of Woodlawn the Wurtland City Hall, 500 ——— Maps available for inspection at Wurtland Avenue, Wurtland, the Campbell County Fiscal Kentucky. Pendleton County (FEMA Court, Planning and Zoning ——— Docket No. D–7584) Department, 24 West Fourth Lewis County (FEMA Docket Ohio River: Street, Newport, Kentucky. Approximately 475 feet No. D–7590) downstream of the down- ——— Ohio River: stream county boundary .... *506 Greenup County (FEMA Approximately 0.5 mile up- Approximately 425 feet up- Docket No. D–7590) stream of the County stream of the upstream Ohio River: boundary ...... *519 county boundary ...... *506 Approximately 4.7 miles Approximately 1.2 miles up- Pendleton County (Unincor- stream of downstream downstream of the County boundary ...... *534 porated Areas) County boundary ...... *536 Licking River: At upstream County bound- Town of Concord, City of At the confluence of Grassy ary ...... *546 Vanceburg, Lewis County Creek ...... *530 Cities of Greenup, Russell, (Unincorporated Areas) Approximately 1.09 miles up- Worthington, Wurtland, Kinniconick Creek: stream of State Route 22 .. *556 and Greenup County (Un- Approximately .07 mile down- South Fork Licking River: incorporated Areas) stream of McDowell Creek At the confluence with Lick- Road ...... *533 ing River ...... *555 Lower White Oak Creek: Approximately 8 miles up- Approximately 1.32 miles up- At the confluence with stream of State Route 59 .. 678 stream of U.S. Route 27 ... *559 Tygarts Creek ...... *537 Lewis County (Unincor- Pendleton County (Unincor- Approximately 1,660 feet up- porated Areas) stream of State Highway porated Areas) 1134 ...... *537 Town of Concord Maps available for inspection at the Pendleton County Greenup County (Unincor- Maps available for inspection at Judge’s Office, 233 Main porated Areas) the Concord Town Hall, Street, Falmouth, Kentucky. White Oak Creek: Route 2, Vanceburg, Ken- Approximately 325 feet tucky. NORTH CAROLINA downstream of U.S. High- Lewis County (Unincor- way 23 ...... *546 porated Areas) Camden County (FEMA Approximately 330 feet Maps available for inspection at Docket No. D–7584) downstream of State Route the Lewis County Court- Areneuse Creek: 693 ...... *546 house, 514 Second Street, At the upstream side of NC Cities of Bellefonte and Rus- Vanceburg, Kentucky. 343 ...... *6 Approximately 150 feet sell City of Vanceburg Tygarts Creek: downstream of Smith Cor- Maps available for inspection at ner Road ...... *6 Entire length within commu- the Vanceburg City Hall, 615 nity ...... *537 Camden County (Unincor- 2nd Street, Vanceburg, Ken- porated Areas) Greenup County (Unincor- tucky. porated Areas) Joyce Creek: ——— At the confluence with Dis- City of Bellefonte Mason County (FEMA Docket mal Swamp Canal ...... *6 Maps available for inspection at No. D–7590) Approximately 100 feet up- the Bellefonte City Hall, 705 Ohio River: stream of Keeter Barn Bellefonte Princess Road, Approximately 0.28 mile Road ...... *9 Ashland, Kentucky. downstream of *512 the Joyce Creek Tributary 1: Greenup County (Unincor- downstream county bound- At the confluence with Joyce porated Areas) ary ...... *512 Creek ...... *7

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# Depth in # Depth in # Depth in feet above feet above feet above ground. ground. ground. * Elevation * Elevation * Elevation Source of flooding and location in feet Source of flooding and location in feet Source of flooding and location in feet (NGVD) (NGVD) (NGVD) • Elevation • Elevation • Elevation in feet in feet in feet (NAVD) (NAVD) (NAVD) Approximately 1.8 miles up- Approximately 550 feet up- At the confluence with stream of the confluence stream of Roanoke Avenue •9 Pasquotank River ...... •6 with Joyce Creek ...... *8 City of Elizabeth City, Approximately 500 feet Mill Dam Creek: Pasquotank County (Unin- downstream of U.S. High- At NC 343 ...... *6 corporated Areas) way 17 ...... •10 Symonds Creek: Approximately 1.0 miles up- Halls Creek: stream of Ivy Neck Road .. *6 Just upstream of Nixonton Approximately 0.5 mile up- Road ...... •5 Mill Dam Creek Tributary 1: stream of Halls Creek • Approximately 0.4 mile up- At the confluence with Mill Road ...... 6 • Dam Creek ...... *6 Approximately 0.3 mile up- stream of Nixonton Road .. 6 Approximately 60 feet down- stream of Simpson Ditch Symonds Creek Tributary 2: stream of NC 343 ...... *6 Road ...... •9 At the confluence with Symonds Creek ...... •5 Mill Dam Creek Tributary 2: Pasquotank County (Unincor- Approximately 0.8 mile up- At the confluence with Mill porated Areas) stream of the confluence Dam Creek ...... *6 Halls Creek Tributary 1: with Symonds Creek ...... •6 Approximately 0.7 mile up- At the confluence with Halls stream of Mercer Drive ..... *7 Creek ...... •6 Pasquotank County (Unincor- porated Areas) Mill Dam Creek Tributary 3: Approximately 2.0 miles up- stream of the confluence City of Elizabeth City At the confluence with Mill • Dam Creek ...... *6 with Halls Creek ...... 9 Maps available for inspection at Knobbs Creek: the Elizabeth City Inspections Approximately 0.3 mile up- • stream of Ivy Neck Road .. *6 At Creek Road ...... 6 Department, 306 East Colo- Approximately 0.6 mile up- nial Avenue, Elizabeth City, Mill Dam Creek Tributary 4: stream of Berea Church North Carolina. At the confluence with Mill Road ...... •7 Dam Creek ...... *6 Pasquotank County (Unincor- Approximately 0.7 mile up- City of Elizabeth City, porated Areas) stream of Bushell Road ..... *6 Pasquotank County (Unin- Maps available for inspection at corporated Areas) Pasquotank River: the Pasquotank County Plan- Knobbs Creek Tributary: ning Department, 206 East Approximately 5.9 miles up- Approximately 0.2 mile up- stream of the confluence of • Main Street, 2nd Floor, Eliza- stream of Providence Road 7 beth City, North Carolina. Sawyers Creek ...... *5 Approximately 0.8 mile up- Approximately 8.1 miles up- • stream of U.S. Highway 17 9 SOUTH CAROLINA stream of Morgans Corner Little River: Road ...... *13 Approximately 1.4 miles up- • Charleston County (FEMA Sawyers Creek: stream of U.S. Highway 17 9 Docket No. D–7578) At the downstream side of Approximately 2.7 miles up- Charleston Harbor/Atlantic Scotland Road ...... •5 stream of Foreman Bundy Ocean: Approximately 0.6 mile up- Road ...... •10 • Approximately 500 feet east stream of Trafton Road ..... 8 Pasquotank County (Unincor- along Clearview Drive from Sawyers Creek Tributary 2: porated Areas) • the intersection of At U.S. Highway 158/NC 34 5 New Begun Creek: Clearview Drive and Beau- Approximately 1.3 miles up- At Florida Road ...... •5 regard Street ...... *13 stream of U.S. Highway Approximately 250 feet • Approximately 0.9 mile 158/NC 34 ...... 6 downstream Pitts Chapel southwest of the intersec- Sawyers Creek Tributary 3: Road ...... •6 tion of Garland Road and At the downstream side of Newland Drainage Canal: Bay View Drive ...... *17 U.S. Highway 158/NC 34 .. •5 At the confluence with Charleston County (Unincor- Approximately 0.5 mile up- Pasquotank River ...... •7 stream of U.S. Highway porated Areas), Town of Approximately 500 feet Mount Pleasant, City of 158/NC 34 ...... •6 downstream of Newland Sawyers Creek Tributary 4: • Charleston Road ...... 14 Wando River/Atlantic Ocean: At the downstream side of Newland Drainage Canal Tribu- Scotland Road ...... •5 tary 1: Approximately 2,000 feet Approximately 1,600 feet up- At the confluence with west of the intersection of stream of Scotland Road .. •6 Newland Drainage Canal .. •7 Sugar Cane Way and 6th Sawyers Creek Tributary 5: Approximately 0.4 mile up- Street ...... *13 At the confluence with Saw- stream of Brothers Lane ... •11 Approximately 1,800 feet yers Creek ...... •5 Newland Drainage Canal Tribu- north of the intersection of Approximately 400 feet tary 1A: Molasses Lane and downstream of Bourbon At the confluence with Hobcaw Drive ...... *16 Street ...... •6 Newland Drainage Canal Town of Mount Pleasant, City Camden County (Unincor- Tributary 1 ...... •7 of Charleston porated Areas) Approximately 500 feet Ashley River/Atlantic Ocean: Maps available for inspection at downstream of Blindman Approximately 0.4 mile east the Camden County Offices, Road ...... •8 of the intersection of Albe- 117 North NC 343, Camden, Pasquotank River: marle Road and Ashley North Carolina. Approximately 9.1 miles up- Point Road ...... *13 Approximately 1,600 feet ——— stream of U.S. Highway 158 ...... •5 east of the intersection of Pasquotank County (FEMA Approximately 6.6 miles up- Mill Street and Albemarle Docket No. D–7584) stream of the confluence Road ...... *16 East Branch Knobbs Creek with Newland Drainage City of North Charleston, City Tributary: Canal ...... •13 of Charleston At West Ehringhaus Street ... •8 Pasquotank River Tributary 3: Cooper River/Atlantic Ocean:

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# Depth in # Depth in # Depth in feet above feet above feet above ground. ground. ground. * Elevation * Elevation * Elevation Source of flooding and location in feet Source of flooding and location in feet Source of flooding and location in feet (NGVD) (NGVD) (NGVD) • Elevation • Elevation • Elevation in feet in feet in feet (NAVD) (NAVD) (NAVD) Approximately 0.8 mile Approximately 50 feet up- Approximately 0.95 mile up- southeast of the intersec- stream of the confluence stream of Ridge Road ...... •868 tion of Partridge Avenue with Gilder Creek Tributary • Greenville County (Unincor- and Juneau Street ...... *12 3 ...... 829 porated Areas), City of At the confluence with Approximately 150 feet up- Greenville Wando River and Charles- stream of U.S. Interstate ton Harbor ...... *17 385 ...... •890 Little Creek: City of North Charleston, City Gilder Creek Tributary 4: At the confluence with Huff of Charleston At confluence with Gilder Creek ...... •664 Creek ...... •798 Approximately 3,800 feet up- Charleston County (Unincor- • porated Areas) Approximately 1,085 feet up- stream of the dam ...... 778 stream of Substation Dam •931 Maps available for inspection at Greenville County (Unincor- the Charleston County Build- Baker Creek: porated Areas) At the confluence with Huff Payne Branch: ing Services, 4045 Bridge • View Drive, North Charles- Creek ...... 693 At the county boundary ...... •681 Approximately 190 feet up- Approximately 120 feet up- ton, South Carolina 29405– • 7464. stream of Greybridge Road 780 stream of Tall Pines Road •750 City of Charleston Greenville County (Unincor- Reedy River: porated Areas) Approximately 1.0 mile down- Maps available for inspection at Brushy Creek Tributary 2: stream of the confluence the Charleston City Hall, 75 with Huff Creek ...... •650 Calhoun Street, Division 301, At the confluence with Brushy Creek ...... •841 Approximately 3,100 feet up- Charleston, South Carolina stream of Log Shoals 29401. Approximately 40 feet up- • • Road ...... 744 City of North Charleston stream of Meyers Drive ..... 894 City of Greenville Reedy River Tributary 4: Maps available for inspection at Enoree River Tributary 1: Approximately 1,235 feet up- the North Charleston City stream of the confluence Hall, 4900 Lacrosse Road, Approximately 150 feet up- with Reedy River ...... •746 North Charleston, South stream of the confluence with Enoree River ...... •780 Approximately 175 feet up- Carolina 29406–6501. stream of Owens Lane ...... •903 Approximately 2,540 feet up- ——— stream of East Suber Road •890 Greenville County (Unincor- Greenville County (FEMA porated Areas), City of Greenville County (Unincor- Mauldin Docket No. D–7578) porated Areas), City of Big Durbin Creek Tributary 1: Greer Reedy River Tributary 5: At the confluence with Big At the confluence with Reedy Durbin Creek ...... •787 Enoree River Tributary 2: River Tributary 4 ...... •799 Approximately 650 feet up- Just upstream of East Suber Approximately 1.26 miles up- stream of the confluence Road ...... •820 stream of Ashmore Bridge with Big Durbin Creek ...... •789 Approximately 175 feet up- Road ...... •900 • Greenville County (Unincor- stream of Hood Road ...... 903 Richland Creek Tributary 1: Graze Creek: At the confluence with Rich- porated Areas), City of • Simpsonville Approximately 650 feet up- land Creek ...... 855 stream of Brown Lane ...... •737 Approximately 175 feet up- Gilder Creek: Approximately 400 feet up- stream of Azalea Court ..... •965 At the confluence with stream of McKinney Road •782 City of Greenville • Enoree River ...... 676 Greenville County (Unincor- Richland Creek Tributary 1A: Approximately 450 feet up- porated Areas) At the confluence with Rich- stream of McDougal Court •907 Grove Creek: land Creek Tributary 1 ...... •881 Greenville County (Unincor- At Emily Lane ...... •772 Approximately 500 feet up- • porated Areas), City of Approximately 75 feet up- stream of Keith Drive ...... 947 Mauldin stream of Fairview Boule- Richland Creek Tributary 1B: vard ...... •848 At the confluence with Rich- Gilder Creek Tributary 1: • At the confluence with Gilder Huff Creek: land Creek Tributary 1 ...... 960 Creek ...... •813 At the confluence with Reedy Approximately 65 feet up- Approximately 750 feet up- River ...... •656 stream of Greenland Drive/ Dera Drive ...... •979 stream of the confluence Approximately 1.25 miles up- with Gilder Creek ...... •815 stream of West Georgia Rock Creek: City of Mauldin Road ...... •756 Approximately 1,050 feet downstream of Alder Drive •743 Gilder Creek Tributary 2: Laurel Creek: At the confluence with Reedy Approximately 1,760 feet up- At the confluence with Gilder • stream of Capewood Road •772 Creek ...... •825 River ...... 768 Approximately 550 feet up- Approximately 200 feet up- Greenville County (Unincor- stream of the confluence stream of Interstate 85 ...... •878 porated Areas) with Gilder Creek ...... •825 Greenville County (Unincor- Rocky Creek: Gilder Creek Tributary 3: porated Areas), City of At the confluence with At the confluence with Gilder Greenville, City of Mauldin Enoree River ...... •712 Creek ...... •825 Approximately 490 feet up- Approximately 1,500 feet up- Laurel Creek Tributary: stream of Frontage Road .. •1,001 At the confluence with Laurel stream of the confluence • Greenville County (Unincor- with Gilder Creek ...... •827 Creek ...... 781 porated Areas), City of Gilder Creek Tributary 3A: Greenville

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# Depth in Preparedness and Response Directorate, available at the address cited below for feet above Department of Homeland Security. each community. ground. * Elevation ACTION: Final rule. The BFEs and modified BFEs are Source of flooding and location in feet made final in the communities listed (NGVD) SUMMARY: Base (1% annual-chance) • Elevation below. Elevations at selected locations in feet Flood Elevations and modified Base in each community are shown. (NAVD) Flood Elevations (BFEs) are made final National Environmental Policy Act. for the communities listed below. The South Tyger River: This rule is categorically excluded from BFEs and modified BFEs are the basis Approximately 200 feet the requirements of 44 CFR part 10, for the floodplain management downstream of State Route Environmental Consideration. No 14 ...... •822 measures that each community is environmental impact assessment has Approximately 180 feet up- required either to adopt or to show been prepared. stream of State Route 414 •928 evidence of being already in effect in Greenville County (Unincor- order to qualify or remain qualified for Regulatory Flexibility Act. The porated Areas) participation in the National Flood Mitigation Division Director of the City of Greenville Insurance Program (NFIP). Emergency Preparedness and Response Maps available for inspection at Directorate certifies that this rule is DATES: Effective Date: The date of the Greenville City Hall, 206 exempt from the requirements of the issuance of the Flood Insurance Rate South Main Street, Green- Regulatory Flexibility Act because ville, South Carolina. Map (FIRM) showing BFEs and modified base flood elevations are Greenville County (Unincor- modified BFEs for each community. required by the Flood Disaster porated Areas) This date may be obtained by contacting Protection Act of 1973, 42 U.S.C. 4105, Maps available for inspection at the office where the FIRM is available the Greenville County Codes and are required to establish and for inspection as indicated in the table Department, 301 University maintain community eligibility in the below. Ridge, Greenville, South NFIP. No regulatory flexibility analysis Carolina. ADDRESSES: The final base flood has been prepared. City of Greer elevations for each community are Regulatory Classification. This final Maps available for inspection at available for inspection at the office of rule is not a significant regulatory action the Greer City Hall, 106 the Chief Executive Officer of each South Main Street, Greer, under the criteria of Section 3(f) of community. The respective addresses South Carolina. Executive Order 12866 of September 30, are listed in the table below. City of Mauldin 1993, Regulatory Planning and Review, Maps available for inspection at FOR FURTHER INFORMATION CONTACT: 58 FR 51735. the Mauldin City Hall, 5 East Doug Bellomo, P.E., Hazard Executive Order 12612, Federalism. Butler Avenue, Mauldin, Identification Section, Emergency South Carolina. This rule involves no policies that have Preparedness and Response Directorate, federalism implications under Executive City of Simpsonville Federal Emergency Management Order 12612, Federalism, dated October Maps available for inspection at Agency, 500 C Street, SW., Washington, the Simpsonville City Hall, 26, 1987. DC 20472, (202) 646–2903. 118 Northeast Main Street, Executive Order 12778, Civil Justice Simpsonville, South Carolina. SUPPLEMENTARY INFORMATION: The Reform. This rule meets the applicable Federal Emergency Management Agency standards of Section 2(b)(2) of Executive (Catalog of Federal Domestic Assistance No. makes the final determinations listed Order 12778. 83.100, ‘‘Flood Insurance’’) below of BFEs and modified BFEs for Dated: August 10, 2004. each community listed. List of Subjects in 44 CFR Part 67 These modified elevations have been David I. Maurstad, Administrative practice and published in newspapers of local Acting Director, Mitigation Division, procedure, Flood insurance, Reporting circulation and ninety (90) days have Emergency Preparedness and Response and record keeping requirements. Directorate. elapsed since that publication. The I Accordingly, 44 CFR part 67 is [FR Doc. 04–19011 Filed 8–18–04; 8:45 am] Mitigation Division Director of the amended to read as follows: BILLING CODE 9110–12–P Emergency Preparedness and Response Directorate has resolved any appeals resulting from this notification. PART 67—[AMENDED] DEPARTMENT OF HOMELAND This final rule is issued in accordance I 1. The authority citation for Part 67 SECURITY with Section 110 of the Flood Disaster continues to read as follows: Protection Act of 1973, 42 U.S.C. 4105, Federal Emergency Management and 44 CFR part 67. Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, Agency The Federal Emergency Management Agency has developed criteria for 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. 44 CFR Part 67 floodplain management in floodprone areas in accordance with 44 CFR part § 67.11 [Amended] Final Flood Elevation Determinations 60. Interested lessees and owners of real I 2. The tables published under the AGENCY: Federal Emergency property are encouraged to review the authority of § 67.11 are amended as Management Agency, Emergency proof Flood Insurance Study and FIRM follows:

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

Little Blue River: Approximately 6,650 feet downstream of U.S. Highway 81 ..... *1,440 Thayer County, City of Hebron (FEMA Docket No. P7643)

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

Approximately 14,320 feet upstream of South First Street ...... *1,459

ADDRESSES Thayer County, Nebraska (Unincorporated Areas) Maps are available for inspection at the Thayer County Courthouse, 225 North Fourth Street, Hebron, Nebraska. City of Hebron, Thayer County, Nebraska Maps are available for inspection at City Hall, City of Hebron, 216 Lincoln Avenue, Hebron, Nebraska. * National Geodetic Vertical Datum.

(Catalog of Federal Domestic Assistance No. request of American Family noncommercial educational use. The 83.100, ‘‘Flood Insurance.’’) Association, the Audio Division grants a reference coordinates for Channel Dated: August 10, 2004. petition requesting to reserve vacant *240A at Burnet are 30–51–05 North David I. Maurstad, Channel 227A at Susquehanna, Latitude and 98–17–35 West Longitude. Acting Director, Mitigation Division, Pennsylvania for noncommercial At the request of American Family Emergency Preparedness and Response educational use. The reference Association, the Audio Division grants a Directorate. coordinates for Channel *227A at petition to reserve vacant Channel [FR Doc. 04–19012 Filed 8–18–04; 8:45 am] Susquehanna are 41–55–44 North 248C2 at Denver City, Texas for Latitude and 75–31–50 West Longitude. BILLING CODE 9110–12–P noncommercial educational use. The At the request of American Family reference coordinates for Channel Association, the Audio Division grants a *248C2 at Denver City are 33–01–53 FEDERAL COMMUNICATIONS petition requesting to reserve vacant North Latitude and 102–48–47 West COMMISSION Channel 256C3 at Barnwell, South Longitude. At the request of American Carolina for noncommercial educational Family Association, the Audio Division 47 CFR Part 73 use. The reference coordinates for grants a petition requesting to reserve [DA 04–2508; MB Docket No. 04–127, RM– Channel *256C3 at Barnwell are 33–24– vacant Channel 260A at Van Alstyne, 10941; MB Docket No. 04–128, RM–10942; 29 North Latitude and 81–16–43 West Texas for noncommercial educational SUPPLEMENTARY MB Docket No. 04–129, RM–10943; MB Longitude. See use. The reference coordinates for Docket No. 04–130, RM–10944; MB Docket INFORMATION, infra. Channel *260A at Van Alstyne are 33– No. 04–131, RM–10945; MB Docket No. 04– DATES: Effective September 27, 2004. 27–08 North Latitude and 96–27–21 132, RM–10946; MB Docket No. 04–133, ADDRESSES: Federal Communications RM–10947; MB Docket No. 04–135, RM– West Longitude. At the request of 10949, RM–10950; MB Docket No. 04–136, Commission, 445 Twelfth Street, SW., Intermountain Educational RM–10951; MB Docket No. 04–137, RM– Washington, DC 20554. Communications, Inc., the Audio 10952; MB Docket No. 04–138, RM–10953, FOR FURTHER INFORMATION CONTACT: Division grants a petition requesting to RM–10954] Rolanda F. Smith, Media Bureau, (202) reserve vacant Channel 260A at 418–2180. Fountain Green, Utah for Radio Broadcasting Services; SUPPLEMENTARY INFORMATION: This is a Augusta, WI, Barnwell, SC, Burnet, TX, noncommercial educational use. The synopsis of the Commission’s Report reference coordinates for Channel Denver City, TX, Fountain Green, UT, and Order, MB Docket Nos. 04–127, 04– Hayward, WI, Liberty, PA, Shenandoah, *260A at Fountain Green are 39–37–42 128, 04–129, 04–130, 04–131, 04–132, North Latitude and 111–38–24 West VA, St. Marys, WV, Susquehanna, PA, 04–133, 04–135, 04–136, 04–137, 04– Longitude. At the request of Sister and Van Alstyne, TX 138 adopted August 10, 2004 and Sherry Lynn Foundation, Inc. and released August 12 , 2004. The full text AGENCY: Federal Communications American Family Association, the of this Commission decision is available Commission. Audio Division grants petitions ACTION: Final rule. for inspection and copying during regular business hours at the FCC’s requesting to reserve vacant Channel SUMMARY: The Audio Division grants Reference Information Center, Portals II, 296A at Shenandoah, Virginia for eleven reservation proposals requesting 445 Twelfth Street, SW., Room CY– noncommercial educational use. The to amend the FM Table of Allotments by A257, Washington, DC 20554. The reference coordinates for Channel reserving certain vacant FM allotments complete text of this decision may also *296A at Shenandoah are 38–30–00 for noncommercial educational use in be purchased from the Commission’s North Latitude and 78–36–33 West Augusta, WI, Barnwell, SC, Burnet, TX, duplicating contractor, Best Copy and Longitude. At the request of Starboard Denver City, TX, Fountain Green, UT, Printing, Inc., 445 12th Street, SW., Media Foundation, Inc., the Audio Hayward, WI, Liberty, PA, Shenandoah, Room CY–B402, Washington, DC 20554, Division grants a petition requesting to VA, St. Marys, WV, Susquehanna, PA, telephone 1–800–378–3160, or via e- reserve vacant Channel 268C3 at and Van Alstyne, TX. See 69 FR 26061, mail http://www.BCPIWEB.com. The Augusta, Wisconsin for noncommercial published May 11, 2004. At the request Commission will send a copy of the educational use. The reference of Youngshine Media, Inc., the Audio Report and Order in a report to be sent coordinates for Channel *268C3 at Division grants a petition requesting to to Congress and the General Accounting Augusta are 44–40–11 North Latitude reserve vacant Channel 298A at Liberty, Office pursuant to the Congressional and 90–57–55 West Longitude. At the Pennsylvania for noncommercial Review Act, see 5 U.S.C. 801(a)(1)(A). request of Starboard Media Foundation, educational use. The reference At the request of American Family Inc., the Audio Division grants a coordinates for Channel *298A at Association, the Audio Division grants a petition requesting to reserve vacant Liberty are 41–29–28 North Latitude petition requesting to reserve vacant Channel 232C2 at Hayward, Wisconsin and 77–12–22 West Longitude. At the Channel 240A at Burnet, Texas for for noncommercial educational use. The

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reference coordinates for Channel by adding Channel *296A and by Information Center, Portals II, 445 12th *232C2 at Hayward are 46–15–04 North removing Channel 296A at Shenandoah. Street, SW., Room CY–A257, Latitude and 91–23–01 West Longitude. I 7. Section 73.202(b), the Table of FM Washington, DC, 20554. The complete At the request of Fine Arts Radio, Inc. Allotments under West Virginia, is text of this decision may also be and West Virginia Educational amended by adding Channel *287A and purchased from the Commission’s Broadcasting Authority, the Audio by removing Channel 287A at St. Marys. duplicating contractor, Qualex Division grants petitions requesting to I 8. Section 73.202(b), the Table of FM International, Portals II, 445 12th Street, reserve vacant Channel 287A at St. Allotments under Wisconsin, is SW., Room CY–B402, Washington, DC, Marys, West Virginia for noncommercial amended by adding Channel *268C3 and 20554, telephone 202–863–2893. The educational use. The reference by removing Channel 268C3 at Augusta; Commission will send a copy of this coordinates for Channel *287A at St. and by adding Channel *232C2 and by Report and Order in a report to be sent Marys are 39–18–03 North Latitude and removing Channel 232C2 at Hayward. to Congress and the General Accounting 81–15–19 West Longitude. Federal Communications Commission. Office pursuant to the Congressional The FM Table of Allotments currently John A. Karousos, Review Act, see 5 U.S.C. 801(a)(1)(A). lists Channel 257C1 at Barnwell, South Assistant Chief, Audio Division, Media List of Subjects in 47 CFR Part 73 Carolina, however, the Audio Division Bureau. Radio, Radio broadcasting. substituted Channel 257C1 for Channel [FR Doc. 04–19023 Filed 8–18–04; 8:45 am] 256C3 at Barnwell, SC, reallotted I BILLING CODE 6712–01–P Part 73 of title 47 of the Code of Federal Channel 257C1 to Pembroke, Georgia, Regulations is amended as follows: and modified the license of Station WBAW to specify operation on Channel FEDERAL COMMUNICATIONS PART 73—RADIO BROADCAST 257C1 at Pembroke in MM Docket No. COMMISSION SERVICES 00–18. As such, Channel 256C3 was I 1. The authority citation for Part 73 allotted to Barnwell, SC as a 47 CFR Part 73 continues to read as follows: replacement service not Channel 257C1. [DA 04–2462; MB Docket No.03–98; RM– Authority: 47 U.S.C. 154, 303, 334 and 336. See 66 FR 55596, published November 10688] 2, 2001. § 73.202 [Amended] List of Subjects in 47 CFR Part 73 Radio Broadcasting Services; I 2. Section 73.202(b), the Table of FM Sellersburg and Seymour, IN Radio, Radio broadcasting. Allotments under Indiana, is amended AGENCY: Federal Communications by removing Seymour, Channel 229B I For the reasons discussed in the Commission. and by adding Sellersburg, Channel preamble, the Federal Communications 230A. Commission amends 47 CFR part 73 as ACTION: Final rule. Federal Communications Commission. follows: SUMMARY: This document substitutes John A. Karousos, PART 73—RADIO BROADCAST Channel 230A from 229B at Seymour, Assistant Chief, Audio Division, Media SERVICES Indiana and reallots Channel 230A from Bureau. Seymour to Sellersburg, Indiana, and [FR Doc. 04–19024 Filed 8–18–04; 8:45 am] modifies the license for Station WQKC I 1. The authority citation for part 73 BILLING CODE 6712–01–P continues to read as follows: to specify operation Channel 230A at Sellersburg, Indiana, in response to a Authority: 47 U.S.C. 154, 303, 334 and 336. petition filed by of INDY LICO, Inc., FEDERAL COMMUNICATIONS § 73.202 [Amended] licensee of Station WGRL(FM), COMMISSION I 2. Section 73.202(b), the Table of FM Noblesville, Indiana, and S.C.I. Allotments under Pennsylvania is Broadcasting, Inc., licensee of Station 47 CFR Part 73 WQKC(FM). See 68 FR 35617, June 16, amended by adding Channel *298A and [DA 04–2507; MM Docket No. 02–40; RM– by removing Channel 298A at Liberty; 2003. Channel 23A can be reallotted to 10377, RM–10508] and by adding Channel *227A and by Sellersburg in compliance with the removing Channel 227A at Commission’s minimum distance Radio Broadcasting Services; Susquehanna. separation requirements at a site11.5 Goldsboro, Louisburg, Rolesville, and I 3. Section 73.202(b), the Table of FM kilometers (7.1 miles) south of the Smithfield, NC Allotments under South Carolina, is community. The coordinates for Channel 230A at Sellerseburg are 38– AGENCY: Federal Communications amended by adding Channel *256C3 and Commission. by removing Channel 257C1 at Barnwell. 17–41 NL and 85–45–07 WL. Oppositions filed by Evangel Schools, ACTION: Final rule. I 4. Section 73.202(b), the Table of FM Inc., and Eric Heyob are denied. Allotments under Texas, is amended by SUMMARY: In response to a Notice of adding Channel *240A and by removing DATES: Effective September 23, 2004. Proposed Rule Making, 67 FR 10872 Channel 240A at Burnet; by adding FOR FURTHER INFORMATION CONTACT: (March 11, 2002), this Report and Order Channel *248C2 and by removing Victoria M. McCauley, Media Bureau, reallots Channel 272A, Station Channel 248C2 at Denver City; by adding (202) 418–2180. WKIX(FM), Goldsboro, North Carolina Channel *260A and by removing SUPPLEMENTARY INFORMATION: This is a to Smithfield, North Carolina, and Channel 260A at Van Alstyne. summary of the Commission’s Report modifies Station WKIX(FM)’s license I 5. Section 73.202(b), the Table of FM and Order, MB Docket No. 03–98, accordingly. The Commission approved Allotments under Utah, is amended by adopted August 4, 2004, and released the withdrawal of a counterproposal to adding Channel *260A and by removing August 9, 2004. The full text of this reallot Channel 273A from Station Channel 260A at Fountain Green. Commission decision is available for WHLQ(FM), Louisburg, North Carolina, I 6. Section 73.202(b), the Table of FM inspection and copying during regular to Rolesville, North Carolina. The Allotments under Virginia, is amended business hours in the FCC’s Reference coordinates for Channel 272A at

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Smithfield, North Carolina, are 35–28– DEPARTMENT OF TRANSPORTATION Administration’s Web page at http:// 21 NL and 78–19–43 WL, with a site www.sba.gov/advo/laws/law_lib.html. Federal Motor Carrier Safety restriction of 4.1 kilometers (2.5 miles) Summary of Today’s Action south of Smithfield. Administration The Uniting and Strengthening DATES: Effective September 27, 2004. 49 CFR Part 383 America by Providing Appropriate Tools Required to Intercept and FOR FURTHER INFORMATION CONTACT: R. [Docket No. FMCSA–2001–11117] Barthen Gorman, Media Bureau, (202) Obstruct Terrorism (USA PATRIOT) Act RIN 2126–AA70 418–2180. [Public Law 107–56, 115 Stat. 272] was enacted on October 25, 2001. Section SUPPLEMENTARY INFORMATION: This is a Limitations on the Issuance of 1012 of the USA PATRIOT Act synopsis of the Commission’s Report Commercial Driver’s Licenses With a amended 49 U.S.C. Chapter 51 by and Order, MM Docket No. 02–40, Hazardous Materials Endorsement adding a new sec. 5103a titled adopted August 10, 2004, and released AGENCY: Federal Motor Carrier Safety ‘‘Limitation on issuance of hazmat August 12, 2004. The full text of this Administration (FMCSA), DOT. licenses.’’ Section 5103a(a)(1) provides: Commission decision is available for ACTION: Interim final rule; delay of A State may not issue to any individual a inspection and copying during normal compliance date. license to operate a motor vehicle business hours in the FCC’s Reference transporting in commerce a hazardous Information Center at Portals II, 445 SUMMARY: FMCSA issues this rule to material unless the Secretary of 12th Street, SW., Room CY–A257, amend the compliance date in its Transportation has first determined, upon receipt of a notification under subsection Washington, DC 20554. The document Interim final rule (IFR) published in the May 5, 2003 Federal Register regarding (c)(1)(B), that the individual does not pose a may also be purchased from the security risk warranting denial of the license. Commission’s duplicating contractor, limitations on State issuance of a Best Copy and Printing, Inc., Portals II, commercial driver’s license (CDL) with FMCSA shares with TSA responsibility for implementing sec. 445 12th Street, SW., Room CY–B402, a hazardous materials endorsement. 1012 of the USA PATRIOT Act. Washington, DC 20554, telephone (202) States must not issue, renew, transfer or upgrade a CDL with a hazardous For reasons described in its April 6, 863–2893, facsimile (202) 863–2898. materials endorsement unless the 2004 final rule (Security Threat The Commission will send a copy of Transportation Security Administration Assessment for Individuals Applying for this Report and Order in a report to be (TSA) has first conducted a background a Hazardous Materials Endorsement for sent to Congress and the General records check of the applicant and a Commercial Drivers License; Final Accounting Office pursuant to the determined the applicant does not pose Rule, 69 FR 17969), TSA is amending Congressional Review Act, see 5 U.S.C. a security risk warranting denial of the the April 1, 2004, deadline for States to 801(a)(1)(A). hazardous materials endorsement. begin collecting fingerprints from a List of Subjects in 47 CFR Part 73 FMCSA is changing the date by which driver requesting authority to transport States must comply with TSA hazardous materials in commerce. The Radio, Radio broadcasting. regulations to coincide with the new new compliance date is January 31, compliance date established by TSA. 2005. Therefore, FMCSA revises the I Part 73 of Title 47 of the Code of The compliance date is changed from compliance date for hazardous materials Federal Regulations is amended as April 1, 2004, to January 31, 2005. security requirements published in its follows: DATES: Effective: This rule is effective on companion IFR (68 FR 23844, May 5, September 20, 2004. Compliance: States 2003) from April 1, 2004 to January 31, PART 73—RADIO BROADCAST must comply with this rule by January 2005 to coincide with the new TSA SERVICES 31, 2005. deadline. I 1. The authority citation for Part 73 FOR FURTHER INFORMATION CONTACT: Mr. Rulemaking Analyses and Notices reads as follows: Robert Redmond, Office of Safety Programs, (202) 366–9579, FMCSA, 400 Justification for Immediate Adoption Authority: 47 U.S.C. 154, 303, 334 and 336. 7th Street, SW., Washington, DC 20590. FMCSA is issuing this IFR without Office hours are from 8:30 a.m. to 5 prior notice and opportunity to § 73.202 [Amended] p.m., e.t., Monday through Friday, comment pursuant to its authority I 2. Section 73.202(b), the Table of FM except Federal holidays. under section 4(a) of the Administrative Allotments under North Carolina, is SUPPLEMENTARY INFORMATION: Procedure Act (5 U.S.C. 553(b)). This amended by removing Channel 272A at provision allows the agency to issue a Small Entity Inquiries Goldsboro and by adding Smithfield, final rule without notice and Channel 272A. The Small Business Regulatory opportunity to comment when the Enforcement Fairness Act of 1996 agency for good cause finds that notice Federal Communications Commission. requires FMCSA to comply with small and comment procedures are John A. Karousos, entity requests for information or advice ‘‘impracticable, unnecessary or contrary Assistant Chief, Audio Division, Media about compliance with statutes and to the public interest.’’ This amended Bureau. regulations within FMCSA’s IFR is ministerial in nature. It changes [FR Doc. 04–19027 Filed 8–18–04; 8:45 am] jurisdiction. Any small entity that has a the date on which States are required to BILLING CODE 6712–01–P question regarding this document may collect fingerprints from individuals contact the person listed in the FOR who are applying for, renewing, FURTHER INFORMATION CONTACT section upgrading or transferring a CDL with a for information or advice. You can get hazardous materials endorsement. further information regarding the Small Because the rule relieves a burden on Business Regulatory Enforcement stakeholders by extending the Fairness Act on the Small Business compliance date, FMCSA has concluded

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that it is within the scope of the May 5, conflicts with the exercise of Federal from further environmental 2003, IFR and that further notice and authority under the federal statute. documentation. That CE relates to comment on this issue are unnecessary. Although this amended interim final establishing regulations and actions The agency intends to issue a final rule potentially has direct effects on the taken pursuant to these regulations that rule at a later date and will respond to States, they are not substantial because concern the training, qualifying, comments to the May 5, 2003 IFR at that the rule will allow States more time to licensing, certifying, and managing of time. comply with the TSA regulation personnel. In addition, the agency published on April 6, 2004 (69 FR Executive Order 12866 (Regulatory believes that the action includes no 17969), and thus avoid the withholding Planning and Review) and DOT extraordinary circumstances that will of Federal-aid highway funds that could Regulatory Policies and Procedures have any effect on the quality of the result from non-compliance with the environment. Thus, the action does not The FMCSA has determined that this TSA rule. FMCSA has determined that require an environmental assessment or action is a significant regulatory action this amended interim final rule does not an environmental impact statement. within the meaning of Executive Order have sufficient federalism implications We have also analyzed this rule under 12866, and is significant within the to warrant the preparation of a sec. 175(c) of the Clean Air Act, as meaning of the Department of federalism assessment. amended (CAA) sec. 176(c), (42 U.S.C. Transportation’s regulatory policies and The provisions of 49 U.S.C. 31314 7506(c)) and implementing regulations procedures (DOT Order 2100.5 dated require DOT to withhold certain promulgated by the Environmental May 22, 1980; 44 FR 11034, February Federal-aid highway funds from States Protection Agency. Approval of this 26, 1979) because of significant public that fail to comply substantially with action is exempt from the CAA’s interest. This rule does not impose any the requirements for State participation General Conformity requirement since it costs on any public, private, or in the CDL program. As discussed in involves policy development and civil government sector, therefore further detail in the May 5 IFR [see 68 FR at enforcement activities, such as, economic analysis is unnecessary. The 23847–23848], those provisions apply investigations, inspections, Office of Management and Budget has also to State compliance with portions examinations, and the training of law completed its review of this rule under of the TSA rule implementing sec. 1012 enforcement personnel. See 40 CFR Executive Order 12866. that apply to States. In addition, 49 93.153(c)(2). It will not result in any Regulatory Flexibility Act U.S.C. 31312 authorizes DOT to prohibit emissions increase nor will it have any States from issuing CDLs if the Secretary potential to result in emissions that are The Regulatory Flexibility Act of 1980 determines ‘‘that a State is in substantial above the general conformity rule’s de (RFA), as amended, was enacted by noncompliance’’ with 49 U.S.C. chapter minimis emission threshold levels. Congress to ensure that small entities 313. These penalties are available for Moreover, it is reasonably foreseeable (small businesses, small not-for-profit DOT to use when and if appropriate to that the rule change will not increase organizations, and small governmental encourage State compliance with TSA’s total CMV mileage, change how CMVs jurisdictions) are not unnecessarily or sec. 1012 rule. operate, the routing of CMVs, or the disproportionately burdened by Federal CMV fleet-mix of motor carriers. This regulations. The Regulatory Flexibility Executive Order 12372 action merely extends a compliance Act requires agencies to review rules to (Intergovernmental Review) date for State licensing agencies to meet determine if they have ‘‘a significant Catalog of Federal Domestic TSA requirements to coincide with the economic impact on a substantial Assistance Program Number 20.217, new TSA deadline. number of small entities.’’ I certify that Motor Carrier Safety. The regulations Executive Order 13211 (Energy Supply, the final rule will not have a significant implementing Executive Order 12372 Distribution, or Use) economic impact on a substantial regarding intergovernmental number of small entities. As noted consultation on Federal programs and We have analyzed this action under above, this final rule applies only to activities do not apply to this program. Executive Order 13211, Actions State governments and does not impose Concerning Regulations That any costs on any public, private, or Paperwork Reduction Act Significantly Affect Energy Supply, government sector. Under the Paperwork Reduction Act Distribution, or Use. This action is not of 1995 (PRA) (44 U.S.C. 3501–3520), a a significant energy action within the Executive Order 13132 (Federalism) Federal agency must obtain approval meaning of sec. 4(b) of the Executive Executive Order 13132 requires from the Office of Management and Order because it is not likely to have a FMCSA to develop an accountable Budget (OMB) for each collection of significant adverse effect on the supply, process to ensure ‘‘meaningful and information it conducts, sponsors, or distribution, or use of energy. timely input by State and local officials requires through regulations. This Trade Impact Assessment in the development of regulatory amended interim final rule does not policies that have federalism contain any information collection The Trade Agreement Act of 1979 implications.’’ ‘‘Policies that have requirements. prohibits Federal agencies from federalism implications’’ is defined in engaging in any standards-related the Executive Order to include National Environmental Policy Act activities that create unnecessary regulations that have ‘‘substantial direct The agency analyzed this amended obstacles to the foreign commerce of the effects on the States, on the relationship interim final rule for the purpose of the United States. Legitimate domestic between the national government and National Environmental Policy Act of objectives, such as safety and security, the States, or on the distribution of 1969 (NEPA) (42 U.S.C. 4321 et seq.) are not considered unnecessary power and responsibilities among the and determined under our obstacles. The statute also requires various levels of government.’’ Under environmental procedures Order 5610.1, consideration of international standards the Executive Order, FMCSA may issued on March 1, 2004 and effective and, where appropriate, that they be the construe a Federal statute to preempt March 31, 2004, that this action is basis for U.S. standards. FMCSA has State law only where, among other categorically excluded (CE) under assessed the potential effect of this final things, the exercise of State authority Appendix 2, paragraph 6.d of the Order rule and has determined that it will not

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impose any costs on domestic or increase the number of non-hazardous DEPARTMENT OF TRANSPORTATION international entities and thus would materials commercial motor vehicle have a neutral trade impact. crashes. Therefore, the FMCSA certifies National Highway Traffic Safety Administration Unfunded Mandates Reform Act of 1995 that this action is not an economically significant rule and does not concern an Section 202 of the Unfunded environmental risk to health or safety 49 CFR Parts 571 and 586 Mandates Reform Act of 1995 (UMRA) that may disproportionately affect [Docket No. NHTSA–2004–18900] requires Federal agencies to prepare a children. written assessment of the costs, benefits, RIN 2127–AJ45 and other effects of proposed or final Energy Impact rules that include a Federal mandate Federal Motor Vehicle Safety likely to result in the expenditure by FMCSA has assessed the energy Standards; Fuel System Integrity and State, local, or tribal governments, in the impact of this rule in accordance with Electric Powered Vehicles: Electrolyte aggregate, or by the private sector, of the Energy Policy and Conservation Act Spillage and Electrical Shock more than $100 million in any one year (EPCA), Public Law 94–163, as amended Protection (adjusted for inflation with base year of (42 U.S.C. 6362). FMCSA has AGENCY: National Highway Traffic 1995). Before promulgating a rule for determined that this final rule is not a Safety Administration (NHTSA), DOT. which a written statement is needed, major regulatory action under the ACTION: Final rule; Response to petitions sec. 205 of the UMRA generally requires provisions of the EPCA. for reconsideration. FMCSA to identify and consider a List of Subjects in 49 CFR Part 383 reasonable number of regulatory SUMMARY: This document responds to alternatives and adopt the least costly, Administrative practice and petitions for reconsideration of the most cost-effective, or least burdensome procedure, Commercial driver’s license, December 2003 final rule upgrading the alternative that achieves the objective of Commercial motor vehicles, Highway rear and side impact tests in the the rule. The provisions of sec. 205 do safety, Motor carriers. agency’s fuel system integrity standard. not apply when they are inconsistent Under that final rule, compliance with with applicable law. Moreover, sec. 205 I For the reasons set forth in the the rear impact requirement will be allows FMCSA to adopt an alternative preamble, the FMCSA amends title 49, phased-in following a three-year lead other than the least costly, most cost- Code of Federal Regulations, Chapter III, time beginning September 1, 2006, by effective, or least burdensome as follows: the following annually increasing alternative if the agency publishes with percentages of production: 40, 70, and the rule an explanation why that PART 383—COMMERCIAL DRIVER’S 100%. That final rule provided further alternative was not adopted. LICENSE STANDARDS; that compliance with the side impact This amended interim final rule will REQUIREMENTS AND PENALTIES upgrade will be required for all vehicles not result in the expenditure by State, on and after September 1, 2004. local, or tribal governments, in the I 1. The authority citation for part 383 In response to the petitions, the aggregate, or by the private sector, of continues to read as follows: agency is providing additional lead time more than $100 million annually. Thus, Authority: 49 U.S.C. 521, 31136, 31301 et for some vehicles. It is providing FMCSA has not prepared a written seq., 31502; Sec. 214 of Pub. L. 106–159, 113 manufacturers of motor vehicles with a assessment under the UMRA. Stat. 1766; Sec. 1012(b) of Pub. L. 107–56, gross vehicle weight rating greater than Executive Order 12630 (Taking of 115 Stat. 397; and 49 CFR 1.73. 6,000 lb (2,722 kg) an additional year of Private Property) lead time to comply with the upgraded I 2. Revise § 383.141 paragraph (a) to side impact requirements. The agency is This rule will not effect a taking of read as follows: also providing multistage manufacturers private property or otherwise have and alterers an additional year of lead taking implications under Executive § 383.141 General. time to comply with both the upgraded Order 12630, Governmental Actions and side and rear impact requirements. To (a) Applicability date. Beginning on Interference with Constitutional provide small volume manufacturers January 31, 2005, this section applies to Protected Property Rights. with flexibility in complying with the State agencies responsible for issuing Civil Justice Reform upgraded rear impact requirements, the hazardous materials endorsements for a agency is permitting them to comply This action meets applicable CDL, and applicants for such with the following percentages of standards in sections 3(a) and 3(b)(2) of endorsements. production: 0%, 0%, and 100%. Executive Order 12988, Civil Justice * * * * * Reform, to minimize litigation, DATES: Effective date: The amendments eliminate ambiguity, and reduce Issued on: August 13, 2004. made in this rule are effective August burden. Annette M. Sandberg, 31, 2004. Petitions: Petitions for reconsideration Executive Order 13045 (Protection of Administrator. must be received by October 4, 2004, Children) [FR Doc. 04–19004 Filed 8–18–04; 8:45 am] and should refer to this docket and the We have analyzed this action under BILLING CODE 4910–EX–P notice number of this document. Executive Order 13045, Protection of ADDRESSES: Petitions for reconsideration Children from Environmental Health must be sent to: Administrator, National Risks and Safety Risks. This amended Highway Traffic Safety Administration, interim final rule changes the 400 Seventh St., SW., Washington, DC compliance dates by which States must 20590. meet TSA requirements. This rule will FOR FURTHER INFORMTION CONTACT: For not cause an increase in the number of non-legal issues, you may contact hazardous materials incidents, nor Tewabe Asebe, Office of

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Crashworthiness Standards, at (202) To provide manufacturers time to that vehicles with a GVWR greater than 366–2264, and fax him at (202) 493– address the rear impact test upgrade and 6,000 lb (2,722 kg) were not previously 2739. to accommodate new vehicle models subject to the FMVSS No. 214, Side For legal issues, you may contact that were designed and developed based impact protection, test procedures on Christopher Calamita, Office of Chief on the old requirements, the December which the FMVSS No. 301 side impact Counsel, at (202) 366–2992, and fax 2003 final rule provided for three years upgrade is based. Petitioner further them at (202) 366–3820. of lead time followed by a phase-in. The explained that additional time would be You may send mail to these officials upgraded rear impact test will be required to perform the testing at the National Highway Traffic Safety phased-in over a three year period necessary to certify vehicles with a Administration, 400 Seventh St., SW., beginning September 1, 2006, according GVWR greater than 6,000 lb (2,722 kg) Washington, DC 20590. to the following percentages of even if no modifications were required. Agency response: The agency is SUPPLEMENTARY INFORMATION: production: 40%, 70%, and 100%. As a result of the low failure rate among amending FMVSS No. 301 to provide Table of Contents existing vehicle designs with the new vehicles with a GVWR greater than I. Background lateral impact test, the December 2003 6,000 lb (2,722 kg) an additional year to II. Petitions for Reconsideration final rule established a September 1, comply with the upgraded side impact A. Side impact test 2004 effective date for the side impact requirement. Vehicles with a GVWR of B. Rear impact test upgrade, without a phase-in. 6,000 lb (2,722 kg) or less must comply C. Test severity with the upgrade on and after III. Correction II. Petitions for Reconsideration September 1, 2004. IV. Effective Date In the December 2003 final rule, the V. Rulemaking Analysis and Notices NHTSA received petitions for reconsideration of the December 2003 agency stated that less than one percent I. Background final rule from the Braun Corporation of the vehicles tested failed FMVSS No. 301’s fuel leakage requirements using Preserving fuel system integrity in a (Braun), an alterer and final stage the FMVSS No. 214 side impact test. crash is critical to preventing occupant manufacturer; Lotus Cars Ltd. (Lotus); The agency expects less than one exposure to fire. Federal Motor Vehicle the National Truck Equipment Association (NTEA); Ferrari S.p.A. percent of vehicles to require Safety Standard (FMVSS) No. 301, Fuel modification in order to comply with system integrity, specifies performance (Ferrari); the Alliance of Automobile Manufacturers 1 (Alliance); American the side impact upgrade, including requirements for the fuel systems of vehicles with a GVWR greater than vehicles with a gross vehicle weight Honda Motor Company, Inc. (Honda); General Motors of North America 6,000 lb (2,722 kg). However, vehicles rating (GVWR) of 10,000 lb (4,536 kg) or with a GVWR greater than 6,000 lb less. The standard limits the amount of (General Motors); the Center for Auto Safety, a public interest group; and the (2,722 kg) have not previously been fuel spillage from fuel systems of subject to the FMVSS No. 214 side vehicles during and after frontal, rear, Victim’s Committee for Recall of Defective Vehicles, Inc., a public impact test. Therefore, we are providing and lateral impact tests. these vehicles with an additional year of To increase safety and provide for interest group. The petition from the Victim’s Committee for Recall of lead time to comply with the new side more realistic testing of fuel systems, impact requirement. NHTSA upgraded both the rear impact Defective Vehicles, Inc. was in support of the petition submitted by the Center Conversely, vehicles with a GVWR of and lateral (side) impact test 6,000 lb (2,722 kg) or less have requirements in FMVSS No. 301 (68 for Auto Safety. Additional comments were received previously been subject to the FMVSS Federal Register 67068; December 1, No. 214 side impact test. As stated in 2003). The December 2003 upgrade from the Automotive Safety Research Institute and Mr. Mark W. Athan, a the final rule, the agency does not established an offset rear impact test anticipate difficulty in certifying these procedure that specifies striking the rear police officer. Petitioners’ requests broke down into vehicles to the upgraded requirements of the test vehicle at 50 mph (80 ± 1 km/ three major areas: compliance schedule and the petitioner has not provided any h) with a 3,015 lb (1,368 kg) deformable for the side impact test, compliance data to demonstrate any such difficulty. barrier at a 70 percent overlap with the schedule for the rear impact test, and Therefore, the Alliance’s request to test vehicle. The deformable barrier in the issue of more severe testing. extend the effective date for vehicles the rear impact test is similar to that with a GVWR of 6,000 lb (2,722 kg) or currently used in FMVSS No. 214, Side A. Side Impact Test less is denied. impact protection, except that the Compliance Date Based on Vehicle barrier is 50 millimeter (2 inches) lower Alterers, Multistage Manufacturers, and GVWR to simulate pre-crash braking. This Small Volume Manufacturers replaced the 30 mph (48 km/h), 4,000 lb The Alliance requested a one-year Under the December 2003 final rule, (1,814 kg) rigid moving barrier crash test extension of the compliance date for the manufacturers will have to comply with previously required under FMVSS No. side impact upgrade for all vehicles and the upgraded side impact requirements 301. a phase-in for vehicles greater than on and after September 1, 2004. Several The final rule also replaced the lateral 6,000 pound (lb) (2,722 kg) GVWR. The multistage manufacturers, second stage crash test with the side impact crash test Alliance requested a phase-in to begin manufacturers, and small volume specified in FMVSS No. 214. The September 1, 2005 according to the manufacturers requested additional lead upgraded side impact test requires that following percentages of production, time for complying with the upgraded the test vehicle be impacted at 33 ± 0.6 90% in the first year, and 100% in the side impact requirements. mph (53 ± 1 km/h) with a 3,015 pound second year. The petitioner explained Both NTEA and Braun stated that (1,368 kg) deformable barrier. This multistage manufacturers and alterers replaced the 20 mph (32 km/h) crash 1 The Alliance is a trade association of motor would be unable to begin compliance vehicle manufacturers including BMW group, test with a 4,000 lb (1,814 kg) rigid DaimlerChrysler, Ford Motor Company, General efforts until a chassis manufacturer has moving barrier previously required Motors, Mazda, Mitsubishi Motors, Porsche, Toyota, made a production-ready model. under FMVSS No. 301. and Volkswagen. Petitioners explained that a multistage

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manufacturer or alterer cannot ascertain anticipate that vehicles previously We have also decided to exclude vehicle compliance with the upgraded subject to the side impact procedure small volume manufacturers (i.e., standard until they receive a chassis under FMVSS No. 214 will have any manufacturers of less than 5,000 manufactured after the September 1, difficulty in certifying compliance with vehicles per year produced for the U.S. 2004 date. Therefore, they continued, the new requirement starting September market) from the phase-in because of multistage manufacturers and alterers 1, 2004. Further, the petitioners did not their small size. We note that, unlike the are restricted to design and re- demonstrate that any vehicle would be advanced air bag or tire pressure certification analysis on compliant unable to meet the requirements. monitor system rulemakings, in which vehicles obtainable only after the the technologies used to comply with standard takes effect. Petitioners argued B. Rear Impact Test the standard are relatively new, the that they cannot reasonably produce a Alterers, Multistage Manufacturers, and technologies for complying with the vehicle for several months after the Small Volume Manufacturers upgraded rear impact requirement are upgraded side impact requirements take well established. Accordingly, these The December 2003 final rule effect. As such, NTEA requested that manufacturers are unlikely to face the established a phase-in for the upgraded multistage manufacturers and alterers be supply-and-demand problems rear impact test, beginning on excluded from the application of the anticipated in the afore-referenced September 1, 2006, according to the upgraded requirements. In the rulemakings. However, based on the following percentages of production: alternative, NTEA and Braun, requested small size of these manufacturers, we 40%, 70% and 100%. Braun and NTEA an additional year of lead time for are providing additional flexibility to requested that second stage multistage manufacturers and alterers to comply with the rear impact upgrade. manufacturers and alterers not be follow the September 1, 2004 effective Advanced Credits and Phase-in date. The Alliance requested a similar required to comply with the rear impact Schedule delay for second stage manufacturers. upgrade until one year following the Ferrari argued that current vehicle 100 percent compliance date. Honda requested that the agency designs have not been subjected to the Petitioners presented the same permit use of carry-forward credits FMVSS No. 214 side impact procedure arguments for requiring one year of during the phase-in period for vehicles for purposes of fuel system integrity and additional lead time for the rear impact that comply in advance. Honda argued that it would be burdensome to test upgrade as with the side impact that carry-forward credits would act as vehicles that are nearing end of upgrade. an incentive to introduce vehicles production. The petitioner requested Lotus and Ferrari both requested that compliant with the upgraded rear that the agency provide small volume the small volume manufacturers be impact requirement into the market manufacturers with either a phase-in permitted to comply with the following sooner. In the alternative, Honda option, two years of additional lead percentages of production: 0%, 0%, and petitioned for the agency to reduce the time, or exclusion for carlines that will 100%. Both Lotus and Ferrari argued required percentage in the first year of no longer be produced after September that because small volume the phase-in from 40 percent to 30 1, 2005. manufacturers have smaller numbers of percent. With regard to calculating Agency response: The agency is carlines, they could be required to vehicle production for the phase-in granting the petitioners’ request to comply with the upgraded rear impact percentages, Honda requested that the provide multistage manufacturers and requirements at a higher percentage of alternatives of using the three year alterers with an additional year of lead production than required. average annual production, or one year time beyond that provided other Agency response: The agency is annual production, include the phase-in manufacturers for the side impact granting the petitioners’ request to year. Honda stated that inclusion of the upgrade. provide multistage manufacturers and phase-in year would allow for possible The agency agrees with Braun and alterers an additional year of lead time drastic changes in vehicle sales within NTEA in that multistage manufacturers following the 100 percent compliance the phase-in year to be factored into the and alterers would not be able to date for the rear impact upgrade. The production numbers. ascertain vehicle compliance with the agency is also permitting small volume Agency response: The agency is upgraded side impact standard until manufacturers to wait until the end of denying Honda’s requests for advanced they receive a chassis manufactured the phase-in to comply with the rear credits under the rear impact phase-in after the respective compliance date. An impact upgrade. schedule, but is amending the final rule additional year of lead time will permit The compliance difficulties present to include the phase-in year in the multistage manufacturers and alterers to for multistage manufacturers and production calculation. rely on the incomplete certification of a alterers in the side impact upgrade are NHTSA recognizes that, under some vehicle without delaying production also present in the rear impact upgrade. circumstances, allowing carry-forward capabilities. Therefore, multistage Multistage manufacturers and alterers credits during a phase-in can enhance manufacturers and alterers must certify would not be able to ascertain vehicle safety by encouraging manufacturers to vehicles with a GVWR of 6,000 lb or less compliance with the upgraded rear build and certify vehicles that comply as complying with the upgraded side impact standard until they receive a with the new requirements earlier. In impact requirement beginning chassis manufactured after the 100 fact, we have authorized such credits in September 1, 2005. Multistage percent compliance date. Again, an the past. See, e.g., S14 of FMVSS No. manufacturers and alterers must certify additional year of lead time will permit 208, Occupant Protection, 63 FR 49958, all vehicles as complying with the multistage manufacturers and alterers to 49961 (Advanced Air Bag Rule; May 12, upgraded side impact requirement rely on the incomplete certification of a 2000). However, in that case, it was beginning September 1, 2006. vehicle without delaying production clear that no existing vehicles complied The agency is denying the petitioners’ capabilities. Therefore, multistage with the new requirements and that request to provide small volume manufacturers and alterers must comply manufacturers would have to make manufacturers with an additional year with the upgraded rear impact major design changes to bring their of lead time. As with other requirement beginning September 1, vehicles into compliance with the manufacturers, the agency does not 2009. standard. Allowing manufacturers to

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use carry-forward credits for vehicles impact requirements. As we stated in result of the FMVSS No. 301 upgrade, certified to the standard prior to the first the December 2003 final rule, the compliance with the FMVSS Nos. 301 year of the phase-in to help satisfy the impact test procedures established in and 305 rear moving barrier percentage requirements in the later the final rule effectively reproduce the requirements is no longer based on years of the phase-in acted as an damage profile seen in real world similar test conditions and procedures. incentive to encourage manufacturers to crashes that most often lead to fires. The differences in the conditions and make those design changes earlier than Further, an amendment to increase the procedures could eliminate the they would otherwise have done. impact side speed to 50 (80 km/h) or 60 opportunity to conduct one test instead However, that principle does not apply (95 km/h) mph and increase the rear of two for gas-electric hybrid vehicles. here, since our testing program impact speed to 80 mph (128 km/h) is To reinstate the opportunity to demonstrates that many existing beyond the scope of the notice of conduct two tests instead of one, we are vehicles can already comply with the proposed rulemaking that led to the amending FMVSS No. 305 to permit upgraded rear impact requirements. December 2003 final rule. compliance with the electrolyte spillage, Thus, allowing credits for vehicles III. Correction battery retention and electrical isolation produced between now and September rear moving barrier impact requirements 1, 2006 could reduce the number of General Motors stated that in of FMVSS No. 305 under the upgraded vehicles that would have to be upgrading the rear impact test, the FMVSS No. 301 rear moving barrier test redesigned for the first two years of the agency inadvertently amended the conditions. As stated in the December phase-in. requirements of FMVSS No. 305, 2003 final rule, the upgraded FMVSS Further, the agency is denying Electric-powered vehicles: electrolyte No. 301 rear moving barrier test Honda’s request to reduce the spillage and electrical shock protection. conditions are more stringent than the production percentage required to FMVSS No. 305 requires vehicles that current conditions. Therefore, this comply with the first stage of the phase- use electricity as propulsion power to revision will permit manufacturers of in. The agency has provided a three-year meet requirements for limitation of gas-electric hybrid vehicles to conduct lead time prior to the phase-in, which electrolyte spillage, retention of fewer tests, while maintaining, if not the agency believes to be sufficient for propulsion batteries during a crash, and improving, current levels of vehicle most vehicles in need of modification. electrical isolation of the chassis from safety. A manufacturer’s decision to While Honda requested a reduced the high-voltage system. Section 7.4 of certify under this option must percentage for the initial phase-in FMVSS No. 305 (Rear moving barrier irrevocably be made not later than the period, it did not provide data impact test conditions) references the time of certification. demonstrating that its vehicles would test conditions in S7.3 of FMVSS No. need modification or, if modifications 301, including the impact speed and IV. Effective Date were required, that additional time barrier. General Motors noted that by The agency is making the would be needed. amending the rear impact test procedure amendments in this final rule effective We are amending the annual in FMVSS No. 301, the agency also on August 31, 2004. The agency is production calculation for the phase-in amended, most likely unintentionally, making them effective in less than 30 to include the phase-in year. This will the rear impact test procedure days because of the imminence of allow manufacturers to account for an applicable to electric-powered vehicles. September 1, 2004, the compliance date unanticipated and drastic drop in sales General Motors is correct in that for the upgraded side impact test, as NHTSA did not intend to amend the of a particular line and is consistent established by the December 2003 final rear impact test requirements for electric with the calculation method used in the rule. Specifying an effective date for vehicles. This notice amends S7.4 of advanced air bag rule. today’s final rule prior to that FMVSS No. 305 to maintain the current compliance date is necessary to C. Test Severity rear impact test requirements for establish a new compliance date. This The Center for Auto Safety and the electric-powered vehicles. will prevent manufacturers from having Automotive Safety Research Institute Additionally, the agency is amending to certify vehicles at potentially great petitioned the agency to increase the S6.2 Rear moving barrier impact of expense on September 1, 2004, when severity of the upgraded test FMVSS No. 305 to permit those vehicles are provided additional requirements. The Center for Auto manufacturers to comply with the rear compliance lead time in this document. Safety requested that the agency adopt moving barrier impact requirements a 60 mph (95 km/h) side impact test and under the applicable conditions of the V. Rulemaking Analyses and Notices the Automotive Safety Research upgraded FMVSS No. 301. Prior to the A. Executive Order 12866 and DOT Institute requested a 50 mph (80 km/h) upgrade of the FMVSS No. 301 rear Regulatory Policies and Procedures side impact test requirement. The moving barrier impact test, compliance Center for Auto Safety also petitioned with the FMVSS Nos. 301 and 305 rear NHTSA has considered the impact of for the agency to adopt an 80 mph (128 moving barrier requirements was based this rulemaking action under Executive km/h) rear impact test requirement, on similar test conditions and Order 12866 and the Department of stating that in the absence of a fire, a procedures. The similarity in test Transportation’s regulatory policies and crash at this impact speed would be conditions gave manufacturers of gas- procedures. This rulemaking document survivable. electric hybrid vehicles the opportunity was not reviewed by the Office of Agency response: The agency is not to conduct one test instead of two to Management and Budget under E.O. amending the impact speed of either the determine compliance with the two sets 12866, ‘‘Regulatory Planning and side or rear impact requirement of rear impact requirements. Gas-electric Review.’’ The rulemaking action has established in the December 2003 final hybrid vehicles with a GVWR of 4536 kg been determined to not be significant rule. The Center for Auto Safety and the or less are subject to the rear moving under the Department’s regulatory Automotive Safety Research Institute impact requirements of both FMVSS policies and procedures. The did not provide the data or analysis Nos. 301 and 305, if they use both liquid amendments made in this final rule do regarding the potential benefits for fuel and more than 48 nominal volts of not significantly impact the costs and increasing the speed of the side and rear electricity as propulsion power. As a benefits of the December 2003 final rule.

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The agency has concluded that the impact on a substantial number of small burdensome alternative that achieves impacts of today’s amendments are so entities. the objectives of the rule. The minimal that a regulatory evaluation is NHTSA has considered the effects of provisions of section 205 do not apply not required. this final rule under the Regulatory when they are inconsistent with In response to petitions for Flexibility Act. I certify that this final applicable law. Moreover, section 205 rulemaking to the December 2003 rule will not have a significant allows NHTSA to adopt an alternative FMVSS No. 301 upgrade, we are economic impact on a substantial other than the least costly, most cost- providing additional lead time for number of small entities. The December effective, or least burdensome specified vehicles and manufacturers. 2003 final rule, which this notice alternative if the agency publishes with Manufacturers of motor vehicles with a amends, was certified as not having a the final rule an explanation why that gross vehicle weight rating greater than significant economic impact on a alternative was not adopted. 6,000 lb (2,722 kg) are provided an substantial number of small entities. This final rule will not result in the additional year of lead time to comply The amendments made by this final rule expenditure by State, local, or tribal with the upgraded side impact do not substantially impact the governments, in the aggregate, or by the requirements to determine what changes economic effects of the December 2003 private sector, of more than $100 if any need to be made. The agency is final rule, except that this final rule million annually. Consequently, no also providing multistage manufacturers provides multistage manufacturers and Unfunded Mandates assessment has and alterers an additional year of lead alterers, many of which are small been prepared. time to comply with both the upgraded entities, additional time to comply with F. Executive Order 12778 (Civil Justice side and rear impact requirements. This the December 2003 final rule. will permit alterers and multistage Consequently, the agency has Reform) manufacturers to rely on an incomplete concluded that this rulemaking will not This final rule does not have any vehicle certification without delaying have a significant economic impact on retroactive effect. Under section 49 production. Additionally, small volume a substantial number of small entities. U.S.C. 30103, whenever a Federal motor manufacturers are permitted to comply vehicle safety standard is in effect, a C. National Environmental Policy Act with the rear impact upgrade phase-in state may not adopt or maintain a safety with the following percentages of NHTSA has analyzed these standard applicable to the same aspect production: 0%, 0%, and 100%. This amendments for the purposes of the of performance which is not identical to allows small manufacturers to avoid the National Environmental Policy Act and the Federal standard, except to the expense of testing and possibly determined that they will not have any extent that the state requirement modifying a model going out of significant impact on the quality of the imposes a higher level of performance production during the first two years of human environment. and applies only to vehicles procured the phase-in, and delays their costs to D. Executive Order 13132 (Federalism) for the State’s use. 49 U.S.C. 30161 sets the final year. The agency is also forth a procedure for judicial review of providing flexibility for manufacturers The agency has analyzed this final rules establishing, amending or of vehicles that are required to comply rulemaking in accordance with the revoking Federal motor vehicle safety with both FMVSS Nos. 301 and 305, principles and criteria contained in standards. That section does not require which may reduce the amount of Executive Order 13132 and has submission of a petition for vehicle testing performed. determined that it does not have reconsideration or other administrative sufficient federalism implications to B. Regulatory Flexibility Act proceedings before parties may file suit warrant consultation with State and in court. Pursuant to the Regulatory Flexibility local officials or the preparation of a Act (5 U.S.C. 601 et seq., as amended by federalism summary impact statement. G. Paperwork Reduction Act the Small Business Regulatory The final rule has no substantial effects Under the Paperwork Reduction Act Enforcement Fairness Act (SBREFA) of on the States, or on the current Federal- of 1995, a person is not required to 1996), whenever an agency is required State relationship, or on the current respond to a collection of information to publish a notice of rulemaking for distribution of power and by a Federal agency unless the any proposed or final rule, it must responsibilities among the various local collection displays a valid OMB control prepare and make available for public officials. number. This rule does not establish comment a regulatory flexibility E. Unfunded Mandates Reform Act any new information collection analysis that describes the effect of the requirements. rule on small entities (i.e., small Section 202 of the Unfunded businesses, small organizations, and Mandates Reform Act of 1995 (UMRA) H. Regulation Identifier Number (RIN) small governmental jurisdictions). The requires Federal agencies to prepare a The Department of Transportation Small Business Administration’s written assessment of the costs, benefits, assigns a regulation identifier number regulations at 13 CFR Part 121 define a and other effects of proposed or final (RIN) to each regulatory action listed in small business, in part, as a business rules that include a Federal mandate the Unified Agenda of Federal entity ‘‘which operates primarily within likely to result in the expenditure by Regulations. The Regulatory Information the United States.’’ (13 CFR 121.105(a)). State, local, or tribal governments, in the Service Center publishes the Unified No regulatory flexibility analysis is aggregate, or by the private sector, of Agenda in April and October of each required if the head of an agency more than $100 million in any one year year. You may use the RIN contained in certifies the rule will not have a (adjusted for inflation with base year of the heading at the beginning of this significant economic impact on a 1995). Before promulgating a rule for document to find this action in the substantial number of small entities. which a written statement is needed, Unified Agenda. SBREFA amended the Regulatory section 205 of the UMRA generally Flexibility Act to require Federal requires NHTSA to identify and I. Executive Order 13045 agencies to provide a statement of the consider a reasonable number of Executive Order 13045 applies to any factual basis for certifying that a rule regulatory alternatives and adopt the rule that: (1) is determined to be will not have a significant economic least costly, most cost-effective, or least ‘‘economically significant’’ as defined

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under E.O. 12866, and (2) concerns an List of Subjects S6.3 Side moving barrier crash. environmental, health or safety risk that *** 49 CFR Part 571 NHTSA has reason to believe may have * * * * * a disproportionate effect on children. If Imports, Motor vehicle safety, (c) Notwithstanding S6.3(b) of this the regulatory action meets both criteria, Reporting and recordkeeping standard, vehicles having a GVWR we must evaluate the environmental requirements, Tires. greater than 6,000 lb (2,722 kg) may health or safety effects of the planned 49 CFR Part 586 meet S6.3(a) of this standard until rule on children, and explain why the September 1, 2005. Vehicles that have a Imports, Motor vehicle safety, planned regulation is preferable to other GVWR greater than 6,000 lb (2,722 kg) Reporting and recordkeeping potentially effective and reasonably and that are manufactured on or after requirements, Tires. feasible alternatives considered by us. September 1, 2005 must meet the I In consideration of the foregoing, This rulemaking does not involve requirements of S6.3(b). NHTSA is amending 49 CFR Part 571 decisions about health risks that (d) Notwithstanding S6.3(b) of this and Part 586 as follows: disproportionately affect children. standard, vehicles with a GVWR of 6,000 lb (2,722 kg) or less that are J. National Technology Transfer and PART 571—FEDERAL MOTOR manufactured in two or more stages or Advancement Act VEHICLE SAFETY STANDARDS altered (within the meaning of 49 CFR I 1. The authority citation for Part 571 567.7) after having been previously Section 12(d) of the National continues to read as follows: certified in accordance with Part 567 of Technology Transfer and Advancement this chapter may meet S6.3(a) of this Act of 1995 (NTTAA), Public Law 104– Authority: 49 U.S.C. 322, 30111, 30115, standard until September 1, 2005. 113, section 12(d) (15 U.S.C. 272) 30117, and 30166; delegation of authority at 49 CFR 1.50. Vehicles with a GVWR of 6,000 lb directs NHTSA to use voluntary (2,722 kg) or less that are manufactured consensus standards in its regulatory I 2. Section 571.301 is amended by in two or more stages or altered (within activities unless doing so would be adding paragraphs S6.2(c), S6.3(c), the meaning of 49 CFR 567.7) after inconsistent with applicable law or S6.3(d) and S6.3(e), and by revising S6, having been previously certified in otherwise impractical. Voluntary S8.1(a), S8.1(b), S8.2.1 and S8.2.2 to read accordance with Part 567 of this chapter consensus standards are technical as follows: and that are manufactured on or after standards (e.g., materials specifications, September 1, 2005 must meet the § 571.301 Standard No. 301; Fuel system test methods, sampling procedures, and integrity. requirements of S6.3(b) business practices) that are developed or (e) Notwithstanding S6.3(b) and (c) of adopted by voluntary consensus * * * * * this standard, vehicles with a GVWR S6. Test requirements. Each vehicle standards bodies, such as the Society of greater than 6,000 lb (2,722 kg) that are with a GVWR of 4,536 kg or less shall Automotive Engineers (SAE). The manufactured in two or more stages or be capable of meeting the requirements NTTAA directs NHTSA to provide altered (within the meaning of 49 CFR of any applicable barrier crash test Congress, through OMB, explanations 567.7) after having been previously followed by a static rollover, without when the agency decides not to use certified in accordance with Part 567 of alteration of the vehicle during the test this chapter may meet S6.3(a) of this available and applicable voluntary sequence. A particular vehicle need not consensus standards. standard until September 1, 2006. meet further requirements after having Vehicles with a GVWR greater than This final rule does not address been subjected to a single barrier crash 6,000 lb (2,722 kg) that are matters such as performance test and a static rollover test. Where manufactured in two or more stages or requirements or test conditions, manufacturer options are specified in altered (within the meaning of 49 CFR procedures or devices. It addresses this standard, the manufacturer must 567.7) after having been previously compliance schedules only. Therefore, select an option not later than the time certified in accordance with Part 567 of the voluntary consensus standards are it certifies the vehicle and may not this chapter and that are manufactured not relevant to this final rule. In the thereafter select a different option for on or after September 1, 2006 must meet December 2003 final rule, the agency that vehicle. Each manufacturer must, the requirements of S6.3(b). noted that there were not any voluntary upon request from the National consensus standards available at that Highway Traffic Safety Administration, * * * * * S8.1 Rear impact test upgrade. (a) time. It stated further that NHTSA provide information regarding which of Vehicles manufactured on or after would consider any such standards the compliance options it has selected September 1, 2006 and before when they become available. for a particular vehicle or make/model. September 1, 2007. For vehicles * * * * * K. Privacy Act manufactured on or after September 1, S6.2 Rear moving barrier crash.* * * 2006, and before September 1, 2007, the Anyone is able to search the * * * * * number of vehicles complying with electronic form of all submissions (c) Small volume manufacturers. S6.2(b) of this standard must not be less received into any of our dockets by the Notwithstanding S6.2(b) of this than 40 percent of: name of the individual submitting the standard, vehicles manufactured on or (1) The manufacturer’s average annual comment or petition (or signing the after September 1, 2004 and before production of vehicles manufactured on comment or petition, if submitted on September 1, 2008 by a manufacturer or after September 1, 2004, and before behalf of an association, business, labor that produces fewer than 5,000 vehicles September 1, 2007; or union, etc.). You may review DOT’s worldwide annually may meet the (2) The manufacturer’s production on complete Privacy Act Statement in the requirements of S6.2(a). Vehicles or after September 1, 2006, and before Federal Register published on April 11, manufactured on or after September 1, September 1, 2007. 2000 (Volume 65, Number 70; Pages 2008 by small volume manufacturers (b) Vehicles manufactured on or after 19477–78) or you may visit http:// must meet the requirements of S6.2(b). September 1, 2007 and before dms.dot.gov. * * * * * September 1, 2008. For vehicles

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manufactured on or after September 1, surface and perpendicular to that SUPPLEMENTARY INFORMATION: In 2007 and before September 1, 2008, the surface coincides with the longitudinal response to a final rule on tire safety number of vehicles complying with centerline of the vehicle. information published on November 18, S6.2(b) of this standard must not be less * * * * * 2002 (67 FR 69600), we received a than 70 percent of: request for an interpretation asking (1) The manufacturer’s average annual PART 586—FUEL SYSTEM INTEGRITY whether laser etching of the date code production of vehicles manufactured on UPGRADE PHASE-IN REPORTING portion of the Tire Identification or after September 1, 2005, and before REQUIREMENTS Number (TIN) is permitted.1 September 1, 2008; or Specifically, S5.5 of FMVSS No. 139 (2) The manufacturer’s production on I 4. The authority citation for Part 586 requires that each new pneumatic tire or after September 1, 2007, and before continues to read as follows: for light vehicles must be ‘‘marked’’ September 1, 2008. Authority: 49 U.S.C. 322, 30111, 30115, with the TIN in accordance with 49 CFR * * * * * 30117, and 30166; delegation of authority at 574.5. In responding to this request, the S8.2.1 Vehicles manufactured on or 49 CFR 1.50. agency issued a letter of interpretation after September 1, 2006 and before I 5. Section 586.6 is amended by indicating that 49 CFR 574.5 permitted September 1, 2009 are not required to revising paragraph (a)(4) as follows: laser etching of the date code portion of comply with the requirements specified § 586.6 Reporting requirements. the TIN, as ‘‘long as it occurred in-line, in S6.2(b) of this standard. i.e., as part of the manufacturing process (a) Phase-in reporting requirements. S8.2.2 Vehicles manufactured on or of the tire.’’ We also indicated in that *** after September 1, 2009 must comply letter that in responding to petitions for with the requirements specified in * * * * * reconsideration of the November 2002 S6.2(b) of this standard. (4) Contain a statement regarding tire safety information final rule, we * * * * * whether or not the manufacturer would amend 49 CFR 574.5 to codify I 3. Section 571.305 is amended by complied with the requirements of the interpretation.2 revising S6.2 and S7.4 to read as follows: S6.2(b), or S6.2(c) if applicable, of Standard No. 301 (49 CFR 571.301) for We inadvertently omitted the § 571.305 Standard No. 305; Electric the period covered by the report and the codifying amendment from the response powered vehicles: electrolyte spillage and basis for that statement; to the petitions for reconsideration published on June 3, 2004. In order to electrical shock protection. * * * * * * * * * * avoid ambiguities associated with S6.2 Rear moving barrier impact. Issued: August 12, 2004. defining ‘‘in-line’’ or ‘‘part of the The vehicle must meet the requirements Jeffrey W. Runge, manufacturing process,’’ this correcting of S5.1, S5.2, and S5.3, when: Administrator. amendment includes a time limit within (a) it is impacted from the rear by a [FR Doc. 04–18968 Filed 8–18–04; 8:45 am] which the date code can be laser etched barrier moving at any speed up to and BILLING CODE 4910–59–P into the tire. including 48 km/h, with a dummy at In addition to omitting the codifying each front outboard designated seating amendment, we inadvertently omitted position, or DEPARTMENT OF TRANSPORTATION making certain changes to the regulatory (b) at the manufacturer’s option (with National Highway Traffic Safety text discussed in the preamble on page said option irrevocably selected prior to, 31315. or at the time of, certification of the Administration vehicle), it is impacted at 80 ± 1.0 km/ Correcting the omission of the h with 50th percentile test dummies as 49 CFR Parts 571 and 574 codifying amendment will not impose or relax any additional substantive specified in part 572 of this chapter at [Docket No. NHTSA–04–17917] each front outboard designated seating requirements or burdens on RIN 2127–AJ36 position under the conditions specified manufacturers. Therefore, NHTSA finds for good cause that any notice and in S7.3(b) of FMVSS No. 301 and S7 of Tire Safety Information; Correction this section as applicable. opportunity for comment on these AGENCY: National Highway Traffic correcting amendments are not * * * * * necessary. S7.4 Rear moving barrier impact test Safety Administration (NHTSA), conditions. In addition to the conditions Department of Transportation. I In FR Doc. 04–11963 published on of S7.1 and S7.2, the rear moving barrier ACTION: Correcting amendments. June 3, 2004 (69 FR 31306), make the test conditions for S6.2(a) are those following corrections: SUMMARY: On June 3, 2004, the National specified in S8.2 of Standard No. 208 Highway Traffic Safety Administration (49 CFR 571.208), except for the PART 571—[CORRECTED] (NHTSA) published a final rule; positioning of the barrier and the response to the petitions for vehicle. The rear moving barrier is I 1. On page 31317, second column, reconsideration of a final rule on tire described in S8.2 of Standard No. 208 amendatory instruction 2 is corrected as safety information published on of this chapter. The barrier and test follows: November 18, 2002. We inadvertently vehicle are positioned so that at omitted regulatory text related to several ‘‘2. Section 571.110 is amended by impact— revising paragraph S4.2.2, S4.3, (a) The vehicle is at rest in its normal issues raised by petitioners. This document corrects these omissions. S4.3.4(c), adding paragraph S4.3.5, and attitude; revising Figures 1 and 2 at the end of DATES: Effective September 1, 2005. (b) The barrier is traveling at 48 km/ § 571.110, to read as follows:’’ h with its face perpendicular to the FOR FURTHER INFORMATION CONTACT: Mr. longitudinal centerline of the vehicle; George Feygin, Office of Chief Counsel 1 See http://dmses.dot.gov/docimages/pdf86/ and (Telephone: 202–366–2992) (Fax: 202– 245047_web.pdf. (c) A vertical plane through the 366–3820), 400 7th, SW., Washington, 2 See http://www.nhtsa.dot.gov/cars/rules/ geometric center of the barrier impact DC 20590. interps/files/firestonelaser-2.html.

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§ 571.110 [CORRECTED] information set forth in paragraphs (a) DEPARTMENT OF COMMERCE I 2. On page 31317, in the second through (d) of this section. However, at column, add paragraph S4.2.2 to read as the option of the manufacturer, the National Oceanic and Atmospheric follows: information contained in paragraph (d) Administration ‘‘S4.2.2 The vehicle normal load on of this section may, instead of being the tire shall not be greater than the test permanently molded, be laser etched 50 CFR Part 660 load used in the high speed into or onto the sidewall in the location [Docket No. 04061787–4234–02; I.D. performance test specified in S5.5 of specified in Figure 1, during the 060704H] § 571.109, or S7.4 of § 571.119, as manufacturing process of the tire and RIN 0648–AR85 appropriate, for that tire.’’ not later than 24 hours after the tire is * * * * * removed from the mold. Each tire Fisheries Off West Coast States and in I 3. On page 31317, in the third column, retreader, except tire retreaders who the Western Pacific; Western Pacific paragraph (d) is corrected as follows: retread tires solely for their own use, Bottomfish and Seamount Groundfish ‘‘(d) Tire size designation, indicated shall conspicuously label one sidewall Fishery; Fishing Moratorium by the headings ‘‘size’’ or ‘‘original tire of each tire it retreads by permanently AGENCY: National Marine Fisheries size’’ or ‘‘original size,’’ and ‘‘spare tire’’ molding or branding into or onto the Service, National Oceanic and or ‘‘spare,’’ for the tires installed at the sidewall, in the manner and location Atmospheric Administration (NOAA), time of the first purchase for purposes specified in Figure 2, a tire Commerce. other than resale;’’ identification number containing the ACTION: Final rule. I 4. On page 31318, in the first column, information set forth in paragraphs (a) following the first paragraph, add through (d) of this section. However, at SUMMARY: NOAA Fisheries issues this paragraph S4.3.4(c) to read as follows: the option of the retreader, the final rule to extend the current ‘‘S4.3.4 (c) The tire load rating information set forth in paragraph (d) of moratorium on harvesting seamount specified in a submission by an this section may, instead of being groundfish from the Hancock Seamount individual manufacturer, pursuant to permanently molded or branded, be in the Northwestern Hawaiian Islands S4.1.1(a) of § 571.139 or contained in laser etched into or onto the sidewall in for 6 years, until August 31, 2010. The one of the publications described in the location specified in Figure 2, fishery has been closed since 1986. S4.1.1(b) of § 571.139, for the tire size at during the retreading of the tire and not NMFS is promulgating this final rule in that inflation pressure is not less than later than 24 hours after the application response to recommendation by the the vehicle maximum load and the of the new tread. * * * Western Pacific Fishery Management vehicle normal load on the tire for those Council (Council). The closure is vehicle loading conditions.’’ * * * * * intended to conserve pelagic armorhead * * * * * (d) Fourth grouping. The fourth (Pseudopentaceros wheeleri, formerly, grouping, consisting of four numerical Pentaceros richardsoni), which is an PART 574—[CORRECTED] symbols, must identify the week and overfished stock. year of manufacture. The first two I DATES: Effective September 20, 2004. 5. On page 31320, third column, symbols must identify the week of the amendatory instruction 6 and the ADDRESSES: A regulatory impact review year by using ‘‘01’’ for the first full authority citation for part 574 are (RIR) was prepared for this final rule. A calendar week in each year, ‘‘02’’ for the corrected as follows: copy of the RIR is available from ‘‘6. The authority citation for Part 574 second full calendar week, and so on. William L. Robinson, Regional continues to read as follows: Authority: The calendar week runs from Sunday Administrator, NOAA Fisheries Pacific 49 U.S.C. 322, 30111, 30115, 30117, through the following Saturday. The Islands Regional Office, 1601 Kapiolani 30166; delegation of authority at CFR final week of each year may include not Blvd., Suite 1110, Honolulu, HI 96814. 1.50.’’ more than 6 days of the following year. FOR FURTHER INFORMATION CONTACT: Mr. The third and fourth symbols must Lewis Van Fossen, Resource § 574.5 [Corrected] identify the year. Example: 0101 means Management Specialist, Sustainable I 6. On page 31320, third column, the 1st week of 2001, or the week Fisheries Division (808) 973–2937. amendatory instruction 7 and the beginning Sunday, January 7, 2001, and SUPPLEMENTARY INFORMATION: amendments to § 574.5 are revised to ending Saturday, January 13, 2001. The Electronic Access read as follows: symbols signifying the date of ‘‘7. Section 574.5 is amended by manufacture shall immediately follow This Federal Register document is removing the first two sentences of the the optional descriptive code (paragraph also accessible via the internet at the introductory text and adding four (c) of this section). If no optional website of the Office of Federal sentences in their place, and by revising descriptive code is used, the symbols Register: http://www.access.gpo.gov/su- paragraph (d) to read as follows: signifying the date of manufacture must docs/aces/aces140.html § 574.5 Tire identification requirements. be placed in the area shown in Figures Background 1 and 2 of this section for the optional Each tire manufacturer shall When the Fishery Management Plan conspicuously label on one sidewall of descriptive code.’’ for the Bottomfish and Seamount each tire it manufactures, except tires * * * * * Groundfish Fisheries of the Western manufactured exclusively for mileage- Issued: August 13, 2004. Pacific Region (FMP) was implemented contract purchasers, or non-pneumatic Stephen R. Kratzke, (51 FR 27413, July 31, 1986), it was tires or non-pneumatic tire assemblies, determined that a 6–year moratorium on by permanently molding into or onto Associate Administrator for Rulemaking. fishing at Hancock Seamount was the sidewall, in the manner and location [FR Doc. 04–18950 Filed 8–18–04; 8:45 am] needed to aid the recovery of the pelagic specified in Figure 1, a tire BILLING CODE 4910–59–P armorhead (Pseudopentaceros wheeleri, identification number containing the formerly, Pentaceros richardsoni).

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Foreign vessels over exploited the moratorium expires. Therefore, at its program is developed by the Council. In seamount groundfish resource before March 2004 meeting the Council regard to the harvest of pelagic the Fishery Conservation and recommended extending the current management unit species targeted by Management Act, now called the moratorium another 6 years (i.e., August longliners and trollers, see the response Magnuson-Stevens Fishery 31, 2010). During the proposed to Comment 1. Conservation and Management Act, was moratorium, an amendment to the FMP Classification enacted in 1976. There has never been that would permanently close Hancock a domestic fishery targeting these Seamount to groundfish harvest could This final rule has been determined to stocks. Periodic reviews since the be developed. be not significant for the purposes of Executive Order 12866. original moratorium was implemented Comments and Responses consistently determined that the stock The Chief Counsel for Regulation of has not recovered. Therefore, the NMFS received 2 comments on the the Department of Commerce certified moratorium was extended twice already proposed rule from 2 commenters. to the Chief Counsel for Advocacy of the for 6–year increments in 1992 and 1998 Comment 1: The moratorium Small Business Administration that the (57 FR 36907, August 17, 1992; and 63 extension should be expanded to 20 proposed rule for this action would not FR 35162, June 29, 1998; respectively). years and include all fish - not just have a significant economic impact on On June 25, 2004, a proposed rule (69 groundfish - and increase enforcement a substantial number of small entities. FR 35570) was published announcing at Hancock Seamount. The factual basis for the certification Response: NMFS is limited to another extension until August 31, was published in the proposed rule. No imposing a 6–year extension specifically 2010. comments were received regarding the to seamount groundfish resources. The economic impacts of this action. As a The last U.S. research cruise to the moratorium extension implemented by Hancock Seamount was conducted in result a regulatory flexibility analysis this final rule is intended to be an was not prepared. 1993. However, the Japanese trawl fleet interim measure until a more permanent continues to harvest pelagic armorhead management regime is developed by the List of Subjects in 50 CFR Part 660 on neighboring seamounts outside of the Council for the Hancock Seamount U.S. exclusive economic zone (EEZ) Administrative practice and groundfish fishery. In regard to closing procedure, American Samoa, Fisheries, surrounding the Northwestern Hawaiian fishing to other species besides Islands. According to information Fishing, Guam, Hawaiian Natives, groundfish at Hancock Seamount, Indians, Northern Mariana Islands, provided by the Japan National NMFS’ current data indicate that stocks Research Institute of Far Seas Fisheries, Reporting and recordkeeping of other potential commercially requirements. the most current (2002) spawning harvested fish (i.e., pelagics) can potential ratio (SPR) for the armorhead continue to be harvested in a Dated: August 13, 2004. stock is 0.1 percent at all seamounts sustainable manner. Closure of the area Rebecca Lent, outside of the EEZ. These seamounts to the harvest of these resources is Deputy Assistant Administrator for comprise 95 percent of the trawl unwarranted. Finally, NMFS Regulatory Programs, National Marine grounds for the Japanese trawl fishery. Enforcement is monitoring the area as Fisheries Service. Based on the low SPR value, it is funds permit. However, due to its I For the reasons set out in the preamble, inferred that the status of the Hancock remote location and poor potential 50 CFR part 660 is amended as follows: Seamount is similarly depressed and returns on investments, U.S. fishermen well under 20 percent SPR which is the are unlikely to target pelagic armorhead PART 660—FISHERIES OFF WEST standard for determining when pelagic resources in the remote NWHI. COAST STATES AND IN THE armorhead overfished. At its October Additionally, the U.S. Coast Guard WESTERN PACIFIC 2003 meeting the Council heard reports already has plans to increase patrols in I from its Bottomfish Plan Team and 1. The authority citation for part 660 the U.S. EEZ surrounding Hawaii, continues to read as follows: Scientific and Statistical Committee on because of heightened national security the status of the seamount groundfish concerns. Authority: 16 U.S.C. 1801 et seq. resources. On the basis of these reports, Comment 2: If the Hancock Seamount I 2. Section 660.68 is revised to read as and in accordance with the framework is only one of the seamounts potentially follows: at 50 CFR 660.67, the Council harvested [for] armorhead then why not recommended a permanent closure of make it a sanctuary permanently off § 660.68 Fishing moratorium on Hancock Seamount. the Hancock Seamount to the harvest of limits to bottomfishing? Keep it open to groundfish resources. However, it is tuna/swordfish longliners and albacore Fishing for bottomfish and seamount unlikely that an amendment to the FMP trollers. groundfish on the Hancock Seamount is closing Hancock Seamount to the Response: As stated above, this final prohibited through August 31, 2010. harvesting of groundfish resources rule is intended to be an interim [FR Doc. 04–18956 Filed 8–18–04; 8:45 am] could be completed before the current measure until a long-term management BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 69, No. 160

Thursday, August 19, 2004

This section of the FEDERAL REGISTER 47–AD, 2601 Meacham Blvd., Room have issued an AD following the loss in contains notices to the public of the proposed 663, Fort Worth, Texas 76137. You may flight of a cabin sliding door. issuance of rules and regulations. The also send comments electronically to Eurocopter issued Alert Service purpose of these notices is to give interested the Rules Docket at the following Bulletin No. 52A015, dated September persons an opportunity to participate in the address: [email protected]. 8, 2003, which specified a modification rule making prior to the adoption of the final rules. Comments may be inspected at the (MOD 0753C48) to the micro switch Office of the Regional Counsel between support, and an adjustment to the micro 9 a.m. and 3 p.m., Monday through switch to ensure lighting of the DEPARTMENT OF TRANSPORTATION Friday, except Federal holidays. instrument panel ‘‘DOORS’’ light in the FOR FURTHER INFORMATION CONTACT: event of insufficient engagement of the Federal Aviation Administration Richard Monschke, Aviation Safety cabin sliding door locking pin in its Engineer, FAA, Rotorcraft Directorate, catch. The FAA did not mandate 14 CFR Part 39 Rotorcraft Standards Staff, Fort Worth, compliance with this alert service [Docket No. 2003–SW–47–AD] Texas 76193–0110, telephone (817) bulletin. 222–5116, fax (817) 222–5961. Eurocopter has also issued Alert Telex RIN 2120–AA64 SUPPLEMENTARY INFORMATION: No. 52A013, Revision 1, dated September 24, 2003, which specifies: Airworthiness Directives; Eurocopter Comments Invited • Within the next 50 hours time-in- France Model EC 155B and EC 155B1 service (TIS), inspecting the length of Helicopters Interested persons are invited to participate in the making of the the chamfer on the stop of the lower rail AGENCY: Federal Aviation proposed rule by submitting such aft fitting of the cabin sliding doors; • Administration, DOT. written data, views, or arguments as Prior to flight with a cabin sliding ACTION: Notice of proposed rulemaking they may desire. Communications door open, visually checking that the (NPRM). should identify the Rules Docket door is correctly locked in the open number and be submitted in triplicate to position; • SUMMARY: This document proposes the address specified above. All Prior to flight with a cabin sliding adopting a new airworthiness directive communications received on or before door closed, checking that the locking (AD) for the specified Eurocopter France the closing date for comments will be indicator light on the instrument panel (Eurocopter) model helicopters. This considered before taking action on the is off when the door is closed, and when proposal would require inspecting the proposed rule. The proposals contained locking the door, checking that the door chamfer of the stop on the cabin sliding in this document may be changed in handle is in the closed position; and • doors (doors) and installing an light of the comments received. While in flight, prohibiting the airworthy stop if the chamfer exceeds a Comments are specifically invited on opening or closing of a cabin sliding certain length; and prior to each flight, the overall regulatory, economic, door at airspeeds of 40 or greater KIAS. visually checking the door to determine environmental, and energy aspects of The DGAC classified this alert telex as if it is correctly locked in the open the proposed rule. All comments mandatory and issued AD No. F–2003– position before flying with the doors submitted will be available, both before 345 R1, dated November 12, 2003, to open, and checking the locking and after the closing date for comments, ensure the continued airworthiness of indicator light and the position of the in the Rules Docket for examination by these helicopters in France. door handles before flying with the interested persons. A report These helicopter models are doors closed. This document also summarizing each FAA-public contact manufactured in France and are type proposes to revise the Limitations concerned with the substance of this certificated for operation in the United Section of the Rotorcraft Flight Manual proposal will be filed in the Rules States under the provisions of 14 CFR (RFM) prohibiting the opening or Docket. 21.29 and the applicable bilateral closing of a cabin sliding door at Commenters wishing the FAA to agreement. Pursuant to the applicable airspeeds of 40 or greater knots acknowledge receipt of their mailed bilateral agreement, the DGAC has kept indicated airspeed (KIAS). This comments submitted in response to this the FAA informed of the situation proposal is prompted by a report of a proposal must submit a self-addressed, described above. The FAA has door separating from a helicopter during stamped postcard on which the examined the findings of the DGAC, flight. The actions specified by this following statement is made: reviewed all available information, and proposed AD are intended to prevent ‘‘Comments to Docket No. 2003–SW– determined that AD action is necessary separation of a door during flight and 47–AD.’’ The postcard will be date for products of these type designs that damage to the helicopter, resulting in a stamped and returned to the are certificated for operation in the forced landing or loss of control of the commenter. United States. helicopter. The previously described unsafe DATES: Comments must be received on Discussion condition is likely to exist or develop on or before October 18, 2004. The Direction Generale De L’Aviation other helicopters of the same type ADDRESSES: Submit comments in Civile (DGAC), the airworthiness designs registered in the United States. triplicate to the Federal Aviation authority for France, notified the FAA Therefore, the proposed AD would Administration (FAA), Office of the that an unsafe condition may exist on require: Regional Counsel, Southwest Region, Model EC 155B and EC 155B1 • Before further flight, revising the Attention: Rules Docket No. 2003–SW– helicopters. The DGAC advises that they Limitations Section of the RFM to

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prohibit opening or closing the cabin replaced on each helicopter, each in a forced landing or loss of control of the doors except at speeds of less than 40 helicopter is modified in accordance helicopter, accomplish the following: KIAS. with MOD 0753C48, and the time to (a) Before further flight, revise the • Within the next 50 hours TIS, make the one-time revision to the RFM Limitations Section of the Rotorcraft Flight Manual (RFM) permitting the opening or inspecting the chamfer of the stop of the would be negligible. closing of the cabin sliding doors only at lower rail aft fitting of the doors, and if The regulations proposed herein speeds of less than 40 knots indicated the chamfer is greater than 2mm in would not have a substantial direct airspeed. length, installing an airworthy stop; effect on the States, on the relationship (b) Within 50 hours time-in-service, • Prior to each flight with a door between the national Government and inspect the length of the chamfer on the stop open, visually checking that the door is the States, or on the distribution of of the lower rail aft fitting on each cabin correctly locked in the open position; power and responsibilities among the sliding door (door), and if the chamfer is more than 2mm in length, install an and various levels of government. Therefore, • airworthy stop in accordance with paragraph Prior to flight with a door closed, it is determined that this proposal 2.B., Operational Procedure, of Eurocopter checking that the locking indicator light would not have federalism implications Alert Telex No. 52A013, Revision 1, dated on the instrument panel is ‘‘off’’ when under Executive Order 13132. September 24, 2003. the door is closed, that the door handles For the reasons discussed above, I Note 1: The inspection required by are in the correct closed position when certify that this proposed regulation (1) paragraph (b) of this AD has already been the door is locked, and that the lower is not a ‘‘significant regulatory action’’ accomplished for all Model EC 155B1 locking pin is correctly positioned in its under Executive Order 12866; (2) is not helicopters prior to delivery. catch. These closed-door checks are a ‘‘significant rule’’ under the DOT (c) Before each flight with a door open, required until a chamfer that is 2mm or Regulatory Policies and Procedures (44 check that each open door is locked in the less in length is installed and, in FR 11034, February 26, 1979); and (3) if ‘‘open’’ position with the upper roller in its rail and the door open locking latch engaged. accordance with MOD 0753C48, the promulgated, will not have a significant mounting support plates are modified (d) Before each flight with a door closed, economic impact, positive or negative, check that: and the door micro-switches are on a substantial number of small entities (1) The locking indicator light on the adjusted. under the criteria of the Regulatory instrument panel is ‘‘off,’’ The actions would be required to be Flexibility Act. A copy of the draft (2) The door handle is in the correct accomplished in accordance with the economic evaluation prepared for this ‘‘closed’’ position, and alert telex described previously. The action is contained in the Rules Docket. (3) The lower locking pin is positioned in proposed AD would be an interim A copy of it may be obtained by its catch. action until modified parts are contacting the Rules Docket at the Note 2: If the door is correctly closed and developed. Additionally, if a door is location provided under the caption latched, when viewed from the outside, the door handle will be flush with the profile of opened or closed during flight, in ADDRESSES. the housing and the aft lower corner of the accordance with the limitations of the List of Subjects in 14 CFR Part 39 door will be flush with the profile of the RFM, the FAA anticipates that the fuselage; when viewed from the inside, the appropriate crewmembers will assure Air transportation, Aircraft, Aviation door handle will be positioned opposite the that the door is properly secured. safety, Safety. locking indicator with no gap between the The owner/operator (pilot) holding at structure seal and the aft lower sealing The Proposed Amendment least a private pilot certificate may surface of the door. perform the visual checks required by Accordingly, pursuant to the Note 3: If the door is closed and the lower paragraphs (c) and (d) of this proposed authority delegated to me by the locking pin is outside its catch, when viewed AD and must enter compliance with Administrator, the Federal Aviation from the outside, the aft lower corner of the those paragraphs into the aircraft Administration proposes to amend part door is approximately 15 to 20mm from the 39 of the Federal Aviation Regulations fuselage; when viewed from the inside, the maintenance records in accordance with aft lower corner of the door is approximately 14 CFR 43.11 and 91.417(a)(2)(v). This (14 CFR part 39) as follows: 10 to 15mm from the fuselage. proposed AD allows a pilot to perform (e) An owner/operator (pilot) holding at these checks because they involve only PART 39—AIRWORTHINESS DIRECTIVES least a private pilot certificate may perform visual checks to ensure that the cabin the visual checks required by paragraphs (c) sliding doors are correctly locked in the 1. The authority citation for part 39 and (d) of this AD and must enter compliance open or closed position, and can be continues to read as follows: with those paragraphs into the aircraft performed equally well by a pilot or a maintenance records in accordance with 14 mechanic. Authority: 49 U.S.C. 106(g), 40113, 44701. CFR 43.11 and 91.417(a)(2)(v). The FAA estimates that this proposed (f) After the stops of the lower rail aft § 39.13 [Amended] fitting with a chamfer 2mm or less in length AD would affect 3 helicopters of U.S. 2. Section 39.13 is amended by are installed and in accordance with MOD registry and the proposed actions would 0753C48, the mounting plate supports are take approximately 1 minute for each adding a new airworthiness directive to read as follows: modified and the door micro-switches are check on each helicopter, 2 work hours adjusted, the checks required by paragraph per helicopter to install 2 new stops, Eurocopter France: Docket No. 2003–SW– (d) of this AD are no longer required. and 2 work hours to modify each 47–AD. (g) To request a different method of helicopter in accordance with MOD Applicability: Model EC 155B and EC compliance or a different compliance time 0753C48, at an average labor rate of $65 155B1 helicopters with cabin sliding doors, for this AD, follow the procedures in 14 CFR part number (P/N) 365A82–1064–02 (left- 39.19. Contact the Safety Management Group, per work hour. Required parts would Rotorcraft Directorate, FAA, for information cost approximately $1,125 ($375 per hand door) and P/N 365A82–1064–03 (right- hand door) and stop, P/N 365A25–8085–21, about previously approved alternative helicopter). Based on these figures, we installed, certificated in any category. methods of compliance. estimate the total cost impact of the Compliance: Required as indicated, unless Note 4: The subject of this AD is addressed proposed AD on U.S. operators to be accomplished previously. in Direction Generale De L’Aviation Civile $3,855 for the entire fleet, assuming 600 To prevent separation of a door during (France) AD No. F–2003–345–R1, dated checks per helicopter, two stops are flight and damage to the helicopter, resulting November 12, 2003.

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Issued in Fort Worth, Texas, on August 6, Background 8. Revise commodity transfer 2004. Title II of Pub. L. 480, as amended language in § 211.5(o) in accordance David A. Downey, authorizes appropriation of resources with Development Assistance Program Manager, Rotorcraft Directorate, Aircraft intended to combat hunger and (DAP) guidance. Certification Service. malnutrition through support to 9. Revise to increase dollar thresholds [FR Doc. 04–18999 Filed 8–18–04; 8:45 am] activities that raise the level of throughout regulation to reflect more BILLING CODE 4910–13–P availability, access and utilization of appropriate levels of USAID mission food in recipient countries. Title II and PVO responsibility, considering use programs are the responsibility of the of blanket waivers in lieu of thresholds where suitable. AGENCY FOR INTERNATIONAL United States Agency for International 10. Clarify the use of collected claims DEVELOPMENT Development Bureau for Democracy, Conflict and Humanitarian Assistance, proceed types in § 211.9: monetized 22 CFR Part 211 Office of Food for Peace. commodity, program income and 22 CFR part 211 is the primary commodity loss; clarify where to [A.I.D. Reg 11] regulatory document governing the deposit claims proceeds; revise transfer of commodities to non- thresholds. Clarify the differences in (a) RIN 0412–AA54 governmental organization (NGO) marine claims/losses, and (b) inland and/or third party losses. Transfer of Food Commodities for Use programs. The document is out of date as it was last revised in 1992 following This request for comments provides a in Disaster Relief, Economic summary description of possible Development and Other Assistance the 1990 Farm Bill. Thus, a re-written regulation with up to date guidance changes and is not limited to the AGENCY: Agency for International reflecting the significant legislative foregoing. USAID/DCHA/FFP also seeks Development. changes that have occurred (1996 and comments and/or suggestions concerning other issues that may affect ACTION: 2002 Farm Bills) and revised financial Advance notice of proposed the implementation of the Transfer of rulemaking. and programmatic reporting requirements is necessary. This effort Food Commodities under Title II of Pub. SUMMARY: The USAID Office of Food for will be a tremendous benefit to the L. 480 and whether FFP’s regulations Peace proposes to amend and update 22 overall management of Title II programs. should be amended or modified in light CFR part 211, the primary regulatory For the reasons discussed in the of such issues. document governing the transfer of preamble, examples of what USAID List of Subjects in 22 CFR Part 211 commodities to non-governmental proposes to amend in 22 CFR part 211 organizations under Title II of the are as follows: Agricultural commodities, Disaster Agricultural Trade Development and 1. Revise the overall organization of assistance, Food assistance programs, Assistance Act of 1954. The purpose of 22 CFR part 211 in accordance with all Foreign aid, Non-profit organizations, rewriting this regulation is to bring the Federal Register publication Reporting and recordkeeping rule in line with legislative changes requirements and Office of the Federal requirements. made in both the 1996 and 2002 Farm Register document drafting resources. Authority: 7 U.S.C. 1726a(c). Bills, (Farm Security and Rural 2. Update legislative regulatory Dated: August 13, 2004. Investment Act of 2002, and Federal references and references to agency Lauren Landis, Agriculture Improvement and Reform policy and program guidelines. Office Director for the Office of Food for Act of 1996), as well as to update the 3. Update and clarify definitions of Peace, Bureau of Democracy, Conflict and overall financial and programmatic and references to FFP/W, Missions, Humanitarian Assistance, United States procedural and reporting requirements. USAID, diplomatic posts, M/OP/ Agency for International Development. Changes are expected to update and TRANS, M/FM, USDA/Washington and [FR Doc. 04–19007 Filed 8–18–04; 8:45 am] clarify standard operating procedures, Kansas City. Ensure references to these BILLING CODE 6116–01–P resulting in more efficient and entities are used consistently streamlined management of Title II throughout the regulation in terms of programs. roles, decision-making and re- ENVIRONMENTAL PROTECTION delegations of authority. Update existing DATES: Submit comments on or before AGENCY September 18, 2004. definitions as well as new conceptual terms in accordance with Food for 40 CFR Part 52 ADDRESSES: Mail or hand deliver Peace’s new strategic plan, policy and comments to Lisa Witte, USAID/DCHA/ legislation. [RME Docket Number R08–OAR–2004–UT– FFP, 1300 Pennsylvania Avenue, NW., 4. Update program application 0002; FRL–7791–8] Rm. 7.06–102; Washington, DC 20523. process, program procedures, closeout Approval and Promulgation of Air Telephone: (202) 712–5162. Submit and disposition guidance, and electronic comments and other relevant Quality Implementation Plans; Utah; terminology used throughout the Revisions to New Source Review Rules data to [email protected]. regulation. Ensure consistency with 22 FOR FURTHER INFORMATION CONTACT: Lisa CFR part 226 and OMB Circular A–110. AGENCY: Environmental Protection Witte, (202) 712–5162. 5. Update deposit and account Agency (EPA). SUPPLEMENTARY INFORMATION: information. ACTION: Proposed rule. 6. Update commodity and shipping Electronic Access and Filing procedures as well as the ocean carrier SUMMARY: EPA is proposing to take You may submit comments and data loss and damage section. direct final action approving a State by sending electronic mail (e-mail) to: 7. Revise language on displacement of Implementation Plan (SIP) revision [email protected]. Submit comments as a sales to be written in the context of submitted by the State of Utah on Word file avoiding the use of special usual marketing requirements (UMR) as November 9, 2001, and September 16, characters and any form of encryption. promulgated by USDA. 2003. The revisions incorporate new

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and revise existing definitions in the EPA’s electronic public docket and Directorate, Department of Homeland State’s New Source Review (NSR) rules. comment system for regional actions, is Security. The revisions update the State’s NSR EPA’s preferred method for receiving ACTION: Proposed rule. rules so that they are consistent with the comments. Follow the on-line revisions EPA made to its NSR rules on instructions for submitting comments. SUMMARY: Technical information or July 21, 1992. These revisions were • E-mail: [email protected] and comments are requested on the referred to as the WEPCO rule (for the [email protected]. proposed Base (1% annual chance) Wisconsin Electric Power Company • Fax: (303) 312–6064 (please alert Flood Elevations (BFEs) and proposed court ruling). In the July 1992 action, the individual listed in the FOR FURTHER BFE modifications for the communities EPA adopted a broad NSR exclusion for INFORMATION CONTACT if you are faxing listed below. The BFEs are the basis for utility pollution control projects and an comments). the floodplain management measures ‘‘actual to future actual’’ methodology • Mail: Richard R. Long, Director, Air that the community is required either to for determining whether all other non- and Radiation Program, Environmental adopt or to show evidence of being routine physical or operational changes Protection Agency (EPA), Region 8, already in effect in order to qualify or at utilities (other than the replacement Mailcode 8P–AR, 999 18th Street, Suite remain qualified for participation in the of a unit or addition of a new unit) are 300, Denver, Colorado 80202–2466. National Flood Insurance Program subject to NSR, and modified its • Hand Delivery: Richard R. Long, (NFIP). regulations to reflect changes made by Director, Air and Radiation Program, DATES: The comment period is ninety Congress in the 1990 Amendments to Environmental Protection Agency, (90) days following the second the Clean Air Act to the applicability of Region 8, Mailcode 8P–AR, 999 18th publication of this proposed rule in a new source requirements to clean coal Street, Suite 300, Denver, Colorado newspaper of local circulation in each technology (CCT) and repowering 80202–2466. Such deliveries are only community. projects, and to ‘‘very clean’’ units. The accepted Monday through Friday, 8 a.m. ADDRESSES: The proposed BFEs for each purpose of this action is to make the to 4:55 p.m., excluding Federal community are available for inspection changes to the State’s rule federally holidays. Special arrangements should at the office of the Chief Executive enforceable. This action is being taken be made for deliveries of boxed Officer of each community. The under section 110 of the Clean Air Act. information. respective addresses are listed in the In the ‘‘Rules and Regulations’’ section Please see the direct final rule which table below. of this Federal Register, EPA is is located in the rules section of this FOR FURTHER INFORMATION CONTACT: approving the State’s SIP revision as a Federal Register for detailed Doug Bellomo, P.E., Hazard direct final rule without prior proposal instructions on how to submit Identification Section, Emergency because the Agency views this as a comments. Preparedness and Response Directorate, noncontroversial SIP revision and FOR FURTHER INFORMATION CONTACT: Carl FEMA, 500 C Street, SW., Washington, anticipates no adverse comments. A Daly, Air & Radiation Program, DC 20472, (202) 646–2903. detailed rationale for the approval is set Mailcode 8P–AR, EPA, Region 8, 999 SUPPLEMENTARY INFORMATION: FEMA forth in the preamble to the direct final 18th Street, Suite 300, Denver, Colorado proposes to make determinations of rule. If EPA receives no adverse 80202–2466, (303) 312–6446, BFEs and modified BFEs for each comments, EPA will not take further [email protected]. community listed below, in accordance action on this proposed rule. If EPA with Section 110 of the Flood Disaster SUPPLEMENTARY INFORMATION: See the receives adverse comments, EPA will Protection Act of 1973, 42 U.S.C. 4104, withdraw the direct final rule and it will information provided in the Direct Final action of the same title which is located and 44 CFR 67.4(a). not take effect. EPA will address all These proposed base flood and in the rules and regulations section of public comments in a subsequent final modified BFEs, together with the this Federal Register. rule based on this proposed rule. EPA floodplain management criteria required will not institute a second comment Authority: 42 U.S.C. 7401 et seq. by 44 CFR 60.3, are the minimum that period on this action. Any parties Dated: July 14, 2004. are required. They should not be interested in commenting must do so at Max H. Dodson, construed to mean that the community this time. Please note that if EPA must change any existing ordinances receives adverse comment on an Acting Regional Administrator, Region 8. [FR Doc. 04–18935 Filed 8–18–04; 8:45 am] that are more stringent in their amendment, paragraph, or section of floodplain management requirements. this rule and if that provision may be BILLING CODE 6560–50–P The community may at any time enact severed from the remainder of the rule, stricter requirements of its own, or EPA may adopt as final those provisions pursuant to policies established by other of the rule that are not the subject of an DEPARTMENT OF HOMELAND Federal, state or regional entities. These adverse comment. SECURITY proposed elevations are used to meet DATES: Written comments must be the floodplain management received on or before September 20, Federal Emergency Management requirements of the NFIP and are also 2004. Agency used to calculate the appropriate flood ADDRESSES: Submit your comments, insurance premium rates for new identified by RME Docket Number R08– 44 CFR Part 67 buildings built after these elevations are made final, and for the contents in these OAR–2004–UT–0002, by one of the [Docket No. FEMA–D–7596] following methods: buildings. • Federal eRulemaking Portal: http:// Proposed Flood Elevation National Environmental Policy Act. www.regulations.gov. Follow the on-line Determinations This proposed rule is categorically instructions for submitting comments. excluded from the requirements of 44 • Agency Web site: http:// AGENCY: Federal Emergency CFR Part 10, Environmental docket.epa.gov/rmepub/index.jsp. Management Agency (FEMA), Consideration. No environmental Regional Materials in EDOCKET (RME), Emergency Preparedness and Response impact assessment has been prepared.

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Regulatory Flexibility Act. The Section 3(f) of Executive Order 12866 of Accordingly, 44 CFR part 67 is Mitigation Division Director of the September 30, 1993, Regulatory proposed to be amended as follows: Emergency Preparedness and Response Planning and Review, 58 FR 51735. Directorate certifies that this proposed Executive Order 12612, Federalism. PART 67—[AMENDED] rule is exempt from the requirements of This proposed rule involves no policies the Regulatory Flexibility Act because that have federalism implications under 1. The authority citation for part 67 proposed or modified BFEs are required Executive Order 12612, Federalism, continues to read as follows: by the Flood Disaster Protection Act of dated October 26, 1987. Authority: 42 U.S.C. 4001 et seq.; Executive Order 12778, Civil Justice 1973, 42 U.S.C. 4104, and are required Reorganization Plan No. 3 of 1978, 3 CFR, Reform. This proposed rule meets the to establish and maintain community 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, applicable standards of Section 2(b)(2) eligibility in the NFIP. As a result, a 3 CFR, 1979 Comp., p. 376. of Executive Order 12778. regulatory flexibility analysis has not been prepared. List of Subjects in 44 CFR Part 67 § 67.4 [Amended] Regulatory Classification. This Administrative practice and 2. The tables published under the proposed rule is not a significant procedure, flood insurance, reporting authority of § 67.4 are proposed to be regulatory action under the criteria of and recordkeeping requirements. amended as follows:

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

Existing Modified

Alabama ...... Roanoke (City), Graves Creek ...... Approximately 1,000 feet upstream of the None *733 Randolph County. confluence with High Pine Creek. Approximately 1.2 miles upstream of U.S. None *770 Highway 431. Maps available for inspection at Roanoke City Hall, 809 East Main Street, Roanoke, Alabama. Send comments to The Honorable Betty Ziglar, Mayor of the City of Roanoke, P.O. Box 1270, Roanoke, Alabama 36274.

(Catalog of Federal Domestic Assistance No. adopt or to show evidence of being that are more stringent in their 83.100, ‘‘Flood Insurance.’’) already in effect in order to qualify or floodplain management requirements. Dated: August 10, 2004. remain qualified for participation in the The community may at any time enact David I. Maurstad, National Flood Insurance Program stricter requirements of its own, or Acting Director, Mitigation Division, (NFIP). pursuant to policies established by other Emergency Preparedness and Response DATES: The comment period is ninety Federal, state or regional entities. These Directorate. (90) days following the second proposed elevations are used to meet [FR Doc. 04–19013 Filed 8–18–04; 8:45 am] publication of this proposed rule in a the floodplain management BILLING CODE 9110–12–P newspaper of local circulation in each requirements of the NFIP and are also community. used to calculate the appropriate flood insurance premium rates for new DEPARTMENT OF HOMELAND ADDRESSES: The proposed BFEs for each buildings built after these elevations are SECURITY community are available for inspection made final, and for the contents in these at the office of the Chief Executive buildings. Federal Emergency Management Officer of each community. The National Environmental Policy Act. Agency respective addresses are listed in the This proposed rule is categorically table below. excluded from the requirements of 44 44 CFR Part 67 FOR FURTHER INFORMATION CONTACT: CFR Part 10, Environmental [Docket No. FEMA–D–7594] Doug Bellomo, P.E., Hazard Consideration. No environmental Identification Section, Emergency impact assessment has been prepared. Proposed Flood Elevation Preparedness and Response Directorate, Regulatory Flexibility Act. The Determinations FEMA, 500 C Street, SW., Washington, Mitigation Division Director of the AGENCY: Federal Emergency DC 20472, (202) 646–2903. Emergency Preparedness and Response Management Agency (FEMA), SUPPLEMENTARY INFORMATION: FEMA Directorate certifies that this proposed Emergency Preparedness and Response proposes to make determinations of rule is exempt from the requirements of Directorate, Department of Homeland BFEs and modified BFEs for each the Regulatory Flexibility Act because Security. community listed below, in accordance proposed or modified BFEs are required ACTION: Proposed rule. with Section 110 of the Flood Disaster by the Flood Disaster Protection Act of Protection Act of 1973, 42 U.S.C. 4104, 1973, 42 U.S.C. 4105, and are required SUMMARY: Technical information or and 44 CFR 67.4(a). to establish and maintain community comments are requested on the These proposed base flood and eligibility in the NFIP. As a result, a proposed Base (1% annual chance) modified BFEs, together with the regulatory flexibility analysis has not Flood Elevations (BFEs) and proposed floodplain management criteria required been prepared. BFE modifications for the communities by 44 CFR 60.3, are the minimum that Regulatory Classification. This listed below. The BFEs are the basis for are required. They should not be proposed rule is not a significant the floodplain management measures construed to mean that the community regulatory action under the criteria of that the community is required either to must change any existing ordinances Section 3(f) of Executive Order 12866 of

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September 30, 1993, Regulatory List of Subjects in 44 CFR Part 67 Authority: 42 U.S.C. 4001 et seq.; Planning and Review, 58 FR 51735. Administrative practice and Reorganization Plan No. 3 of 1978, 3 CFR, Executive Order 12612, Federalism. procedure, flood insurance, reporting 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, This proposed rule involves no policies and recordkeeping requirements. 3 CFR, 1979 Comp., p. 376. that have federalism implications under Executive Order 12612, Federalism, Accordingly, 44 CFR part 67 is § 67.4 [Amended] proposed to be amended as follows: dated October 26, 1987. 2. The tables published under the Executive Order 12778, Civil Justice PART 67—[AMENDED] authority of § 67.4 are proposed to be Reform. This proposed rule meets the amended as follows: applicable standards of Section 2(b)(2) 1. The authority citation for part 67 of Executive Order 12778. continues to read as follows:

#Depth in feet above ground. *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

ALABAMA Cullman County

Mud Creek ...... At Interstate 31 ...... None *533 Cullman County (Unincorporated Areas), City of Hanceville. Approximately 800 feet upstream of State Route None *537 91. Bavar Creek ...... Approximately 2,400 feet downstream of County None *567 Town of Good Hope. Route 37. At Section Line Road ...... None *692 Ryan Creek ...... Approximately 1,000 feet downstream of County None *643 Cullman County (Unincorporated Road 38. Areas), City of Cullman. Approximately 0.4 mile upstream of 16th Street None *713 Southeast. Wolf Creek ...... At the confluence with Ryan Creek ...... None *676 City of Cullman. Approximately 0.3 mile upstream of Briarwood None *691 Drive Southeast. Cullman County (Unincorporated Areas) Maps available for inspection at the Cullman County Commission, 500 Second Avenue SW., Room 202, Cullman, Alabama. Send comments to Mr. Norman Tucker, Chairman of the Cullman County Board of Commissioners, 500 Second Avenue SW., Room 202, Cullman, Alabama 35055. City of Cullman Maps available for inspection at the City of Cullman Building Department, 201 2nd Avenue, Cullman, Alabama. Send comments to The Honorable Donald E. Green, Mayor of the City of Cullman, P.O. Box 278, Cullman, Alabama 35056–0278. City of Good Hope Maps available for inspection at the Good Hope City Hall, 134 Town Hall Drive, Cullman, Alabama. Send comments to The Honorable Gordon Dunagan, Mayor of the City of Good Hope, 134 Town Hall Drive, Cullman, Alabama 35057. City of Hanceville Maps available for inspection at the Hanceville City Hall, 112 Main Street SE., Hanceville, Alabama. Send comments to The Honorable Bobby Brown, Mayor of the City of Hanceville, 112 Main Street SE., Hanceville, Alabama 35077.

FLORIDA Flagler County

Big Mulberry Branch ...... Approximately 1,620 feet downstream of Palm None *7 City of Palm Coast. Harbor Parkway. Approximately 3,500 feet upstream of Belle Terre None *24 Parkway. Black Branch ...... At the confluence with Haw Creek ...... None *12 Flagler County (Unincorporated Areas), City of Bunnell. Approximately 0.75 mile upstream of Old Haw *12 *16 Creek Road. Black Point Swamp ...... At the confluence with Black Branch ...... None *12 Flagler County (Unincorporated Areas). At the upstream side of State Routes 20/100 ...... None *14 Wadsworth/Korona Canal Approximately 75 feet downstream of Old Kings None *12 Flagler County (Unincorporated Road. Areas). At the upstream side of County Road 325 ...... None *27 Bull Creek ...... At the confluence with Crescent Lake ...... None *7 Flagler County (Unincorporated Areas). At the upstream side of State Route 100 ...... None *19 Bull Creek Tributary ...... At the confluence with Bull Creek ...... None *11 Flagler County (Unincorporated Areas). Approximately 20 feet upstream of County Route None *24 305.

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#Depth in feet above ground. *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Bulow Creek ...... Approximately 1.3 miles upstream of Old Kings *9 *8 Flagler County (Unincorporated Road. Areas). At the upstream side of Old Kings Road ...... *18 *21 Bulow Creek Tributary ... Approximately 500 feet downstream of the con- *12 *13 Flagler County (Unincorporated fluence with Bulow Creek. Areas). Approximately 2,000 feet downstream of the con- *17 *18 fluence with Bulow Creek. Haw Creek ...... At the confluence with Crescent Lake ...... None *7 Flagler County (Unincorporated Areas). Approximately 3.48 miles upstream of County None *12 Route 305. Graham Swamp ...... At the confluence with the Intracoastal Waterway None *6 Flagler County (Unincorporated Areas), City of Palm Coast. Approximately 3.3 miles downstream of East None *12 Highway. Parker Canal ...... At the confluence with Black Branch ...... None *12 Flagler County (Unincorporated Areas). At the confluence with Sweetwater Branch ...... None *23 Atlantic Ocean ...... Approximately 475 feet east of the intersection of *13 *16 Flagler County (Unincorporated Deerwood Street and North Ocean Shore Bou- Areas), Town of Beverly Beach, levard. City of Flagler Beach, Town of Marineland, City of Palm Coast. Approximately 100 feet south of the intersection *6 *7 of North Shore Boulevard and Camino Del Ray Parkway.

Town of Beverly Beach Maps available for inspection at the Beverly Beach Town Hall, 2770 North Oceanshore Boulevard, Beverly Beach, Florida. Send comments to The Honorable Stephen M. Emmett, Mayor of the Town of Beverly Beach, 2770 North Ocean Shore Boulevard, Beverly Beach, Florida 32136. City of Bunnell Maps available for inspection at the Bunnell City Hall, 200 South Church Street, Bunnell, Florida. Send comments to Mr. Lyndon Bonner, Bunnell City Manager, City Hall, 200 South Church Street, Bunnell, Florida 32110. City of Flagler Beach Maps available for inspection at the Flagler Beach City Hall, 105 South 2nd Street, Flagler Beach, Florida. Send comments to The Honorable Bruce Jones, Mayor of the City of Flagler Beach, 105 South 2nd Street, Flagler Beach, Florida 32137. Flagler County (Unincorporated Areas) Maps available for inspection at the Flagler County Planning and Zoning Department, 1200 East Moody Boulevard, Suite 2, Bunnell, Florida. Send comments to Mr. David Haas, Flagler County Administrator, 1200 East Moody Boulevard, Suite 1, Bunnell, Florida 32110. Town of Marineland Maps available for inspection at the Marineland Town Office, 9507 Oceanshore Boulevard, St. Augustine, Florida. Send comments to The Honorable James Netherton, Mayor of the Town of Marineland, 9507 Oceanshore Boulevard, St. Augustine, Florida 32080. City of Palm Coast Maps available for inspection at the Palm Coast City Hall, 2 Commerce Boulevard, Palm Coast, Florida. Send comments to The Honorable James V. Canfield, Mayor of the City of Palm Coast, City Hall, 2 Commerce Boulevard, Palm Coast, Flor- ida 32164.

NEW JERSEY Union County

Rahway River ...... At a point immediately upstream of Lawrence *10 *9 City of Rahway, Townships of Street. Clark, Cranford, Springfield, Union, Winfield, Borough of Ken- ilworth. Approximately 400 feet downstream of Springfield *90 *91 Avenue. Black Brook ...... At the confluence with Rahway River ...... *74 *75 Borough of Kenilworth, Township of Union. Approximately 180 feet downstream of Springfield *74 *75 Road. Branch 10–30–1 ...... At the confluence with Drainage Ditch ...... *71 *75 Borough of Kenilworth. Approximately 350 feet upstream of Lafayette *74 *75 Place. College Branch ...... At the confluence with Rahway River ...... *70 *72 Township of Cranford. At a point immediately upstream of Springfield Av- *70 *72 enue.

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#Depth in feet above ground. *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Drainage Ditch ...... At the confluence with Rahway River ...... *71 *73 Borough of Kenilworth, Township of Springfield. At the confluence of Branch 10–30–1 ...... *71 *75 Gallows Hill Road At the confluence with Rahway River ...... *69 *71 Township of Cranford. Branch. Approximately 350 feet upstream of Pittsfield *70 *71 Street. Garwood Brook ...... At the confluence with Rahway River ...... *68 *70 Township of Cranford. Approximately 250 feet upstream of West Holly *69 *70 Street. Nomahegan Brook ...... At the confluence with Rahway River ...... *73 *74 Townships of Cranford and Spring- field, Town of Westfield. Approximately 580 feet downstream of Springfield *73 *74 Avenue. Robinsons Branch ...... At the confluence with Rahway River ...... *15 *14 City of Rahway, Town of Westfield, Township of Clark. At the confluence of Robinsons Branch ...... *51 *50 South Branch ...... At the confluence with Rahway River ...... *11 *9 City of Rahway. Approximately 100 feet upstream of East Inman *11 *10 Avenue. Stream 10–30 ...... At the confluence with Drainage Ditch ...... *71 *74 Borough of Kenilworth. Approximately 100 feet downstream of Willshire *73 *74 Drive. Vauxhall Branch ...... At the confluence with Rahway River ...... *90 *91 Township of Union. At Liberty Avenue ...... *90 *91 Cedar Brook ...... At Terrill Road ...... None *131 Borough of Fanwood. A point immediately upstream of Willow Avenue .. None *141 Vauxhall Sub Branch ..... At the confluence with Vauxhall Branch ...... *90 *91 Township of Union. At Interstate 78 ...... *90 *91 West Branch ...... At the confluence with Elizabeth River ...... *43 *42 Township of Union. Approximately 1,400 feet upstream of Garden None *60 State Parkway entrance ramp. Lightning Brook ...... At the confluence with Elizabeth River ...... *56 *55 Township of Union. Approximately 950 feet downstream of Union Av- *56 *55 enue. Elizabeth River ...... At Trotters Lane ...... *27 *18 Townships of Union and Hillside. Approximately 1,050 feet upstream of Union Ave- *67 *68 nue. Trotters Lane Branch ..... At Morris Avenue ...... None *27 City of Elizabeth. Approximately 300 feet downstream of North Ave- None *28 nue. Kings Creek ...... A point immediately upstream of Barnett Street .... None *10 City of Rahway. Approximately 1,000 feet upstream of Lower None *13 Road to Rahway. East Branch Rahway Approximately 450 feet upstream of the con- *90 *91 Townships of Union and Spring- River. fluence with Rahway River. field. Approximately 2,800 feet downstream of Vauxhall *90 *91 Road. Kings Creek ...... Approximately 715 feet downstream of U.S. Route *14 #1 City of Linden. 9. Just downstream of U.S. Route 9 ...... *16 #1

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#Depth in feet above ground. *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Township of Clark Maps available for inspection at the Clark Township Engineer’s Office, Municipal Building, 430 Westfield Avenue, Clark, New Jersey. Send comments to The Honorable Salvatore Bonaccorso, Mayor of the Township of Clark, Municipal Building, 430 Westfield Avenue, Clark, New Jersey 07066–1590. Township of Cranford Maps available for inspection at the Cranford Township Engineer’s Office, Municipal Building, 8 Springfield Avenue, Cranford, New Jersey. Send comments to The Honorable Barbara A. Bilger, Mayor of the Township of Cranford, Municipal Building, 8 Springfield Avenue, Cranford, New Jersey 07016–2199. City of Elizabeth Maps available for inspection at the Elizabeth City Engineer’s Office, 50 Winfield Scott Plaza, Elizabeth, New Jersey. Send comments to The Honorable J. Christian Bollwage, Mayor of the City of Elizabeth, City Hall, 50 Winfield Scott Plaza, Elizabeth, New Jersey 07201. Borough of Fanwood Maps available for inspection at the Fanwood Borough Engineer’s Office, 75 North Martine Avenue, Fanwood, New Jersey. Send comments to The Honorable Colleen Mahr, Mayor of the Borough of Fanwood, 75 North Martine Avenue, Fanwood, New Jersey 07023–1397. Township of Hillside Maps available for inspection at the Hillside Township Engineer’s Office, JFK Plaza, Hillside and Liberty Avenue, Hillside, New Jersey. Send comments to The Honorable Karen McCoy Oliver, Mayor of the Township of Hillside, JFK Plaza, Hillside and Liberty Avenue, Hillside, New Jersey 07205. Borough of Kenilworth Maps available for inspection at the Kenilworth Borough Engineer’s Office, Municipal Building, 567 Boulevard, Kenilworth, New Jersey. Send comments to The Honorable Gregg David, Mayor of the Borough of Kenilworth, Municipal Building, 567 Boulevard, Kenilworth, New Jersey 07033–1699. City of Linden Maps available for inspection at the Linden City Engineer’s Office, Municipal Building, 301 North Wood Avenue, Linden, New Jersey. Send comments to The Honorable John T. Gregorio, Mayor of the City of Linden, Municipal Building, 301 North Wood Avenue, Linden, New Jersey 07036. City of Rahway Maps available for inspection at the Rahway City Engineer’s Office, 1 City Hall Plaza, Rahway, New Jersey 07065. Send comments to The Honorable James J. Kennedy, Mayor of the City of Rahway, 1 City Hall Plaza, Rahway, New Jersey 07065. Town of Springfield Maps available for inspection at the Springfield Township Engineer’s Office, Municipal Building, 100 Mountain Avenue, Springfield, New Jer- sey. Send comments to The Honorable Clara T. Harelik, Mayor of the Township of Springfield, Municipal Building, 100 Mountain Avenue, New Jersey 07081. Township of Union Maps available for inspection at the Union Township Engineer’s Office, Municipal Building, 1976 Morris Avenue, Union, New Jersey. Send comments to The Honorable Anthony Terrezza, Mayor of the Township of Union, Municipal Building, 1976 Morris Avenue, Union, New Jersey 07083–3579. Town of Westfield Maps available for inspection at the Westfield Town Engineer’s Office, Municipal Building, 425 East Broad Street, Westfield, New Jersey. Send comments to The Honorable Gregory McDermott, Mayor of the Town of Westfield, Municipal Building, 425 East Broad Street, Westfield, New Jersey 07090. Township of Winfield Maps available for inspection at the Winfield Township Municipal Building, 12 Gulfstream Avenue, New Jersey. Send comments to The Honorable Norman Whitehouse, Jr., Mayor of the Township of Winfield, 12 Gulfstream Avenue, Winfield, New Jersey 07036.

PENNSYLVANIA Lancaster County

Bachman Run ...... At the confluence with Little Conestoga Creek ..... •325 •324 Township of Manheim. Approximately 1,800 feet upstream of Koser Road None •364 Tributary No. 1 to From the confluence with Bachman Run ...... None •335 Township of Manheim. Bachman Run. Approximately 450 feet upstream of Snyder Road None •363 Conoy Creek ...... Approximately 1,850 feet upstream of State Route None •398 Township of West Donegal. 241. Approximately 4,350 feet upstream of State Route None •406 241. Chiques Creek ...... Approximately 1,350 feet upstream of Kinderhook None •295 Townships of Rapho, East Hemp- Road. field, West Hempfield, Penn. Approximately 600 feet downstream of State None •438 Route 72.

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#Depth in feet above ground. *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Cocalico Creek ...... Approximately 400 feet downstream of Disston None •300 Townships of Warwick, East Co- View Road. calico, West Cocalico. Approximately 150 feet downstream of Pennsyl- None •394 vania Turnpike. Little Cocalico Creek ...... Approximately 800 feet downstream of Pennsyl- None •390 Township of East Cocalico. vania Turnpike. Approximately 200 feet upstream of Pennsylvania None •390 Turnpike. Little Chiques Creek ...... Approximately 300 feet downstream of Mount Joy None •326 Township of Mount Joy. Road. Just downstream of Milton Grove Road ...... None •351 Conestoga River ...... Approximately 10,100 feet upstream of Stehman None •227 Borough of Millersville, Townships Road. of Ephrata, Upper Leacock. Approximately 3,200 feet upstream of U.S. Route None •333 322. Mill Creek ...... Approximately 4,500 feet downstream of Park None •261 City of Lancaster, Township of Drive. Earl. Approximately 450 feet downstream of T–763 ...... None •458 Pequea Creek...... Approximately 3,700 feet downstream of None •279 Townships of Providence, Lea- Rawlinsville Road. cock, Pequea, East Lampeter, West Lampeter, Paradise. Approximately 450 feet downstream of U.S. Route None •346 30. Beaver Creek...... Approximately 25 feet downstream of North None •455 Township of Eden. Church Street. Approximately 250 feet downstream of North None •456 Church Street. West Branch Octorano Approximately 3,900 feet downstream of Mount None •497 Township of Colerain. Creek. Pleasant Road. Approximately 3,800 feet downstream of Mount None •497 Pleasant Road. Lees Creek...... Approximately 480 feet downstream of Willow None •456 Township of Brecknock. Street. Approximately 420 feet downstream of Willow None •457 Street. Tributary No. 1 to Con- Just upstream of Barbara Street ...... None •281 Borough of Millersville. estoga River. Approximately 610 feet upstream of Barbara None •289 Street. Little Conestoga Creek .. Approximately 3,050 feet upstream of Millersville None •278 Borough of Millersville. Road. Approximately 3,350 feet upstream of Millersville None •278 Road.

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#Depth in feet above ground. *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Township of Brecknock Maps available for inspection at the Brecknock Township Office, 1026 Dry Tavern Road, Denver, Pennsylvania. Send comments to Mr. Levi Hoover, Chairman of the Township of Brecknock Board of Supervisors, 1026 Dry Tavern Road, Denver, Pennsyl- vania 17517. Township of Colerain Maps available for inspection at the Colerain Township Office, 1803 Kirkwood Pike, Kirkwood, Pennsylvania. Send comments to Mr. Walter L. Todd, Jr., Chairman of the Township of Colerain Board of Supervisors, 1803 Kirkwood Pike, Kirkwood, Pennsylvania 17536. Township of Earl Maps available for inspection at the Earl Township Office, 517 North Railroad Avenue, New Holland, Pennsylvania. Send comments to Mr. Rick L. Kochel, Chairman of the Township of Earl Board of Supervisors, 517 North Railroad Avenue, New Holland, Pennsylvania 17557. Township of East Cocalico Maps available for inspection at the East Cocalico Township Office, 100 Hill Road, Denver, Pennsylvania. Send comments to Mr. Douglas B. Mackley, Chairman of the Township of East Cocalico Board of Supervisors, 100 Hill Road, Denver, Penn- sylvania 17517. Township of East Hempfield Maps available for inspection at the East Hempfield Township Office, 1700 Nissley Road, Landisville, Pennsylvania. Send comments to Mr. George Marcinko, East Hempfield Township Manager, 1700 Nissley Road, P.O. Box 128, Landisville, Pennsylvania 17538. Township of East Lampeter Maps available for inspection at the East Lampeter Township Office, 2205 Old Philadelphia Pike, Lancaster, Pennsylvania. Send comments to Mr. Glen Eberly, Chairman of the Township of East Lampeter Board of Supervisors, 2205 Old Philadelphia Pike, Lan- caster, Pennsylvania 17602. Township of Eden Maps available for inspection at the Eden Township Office, 489 Stony Hill Road, Quarryville, Pennsylvania. Send comments to Mr. Ellis Ferguson, Chairman of the Township of Eden Board of Supervisors, 489 Stony Hill Road, Quarryville, Pennsyl- vania 17566. Township of Ephrata Maps available for inspection at the Ephrata Township Office, 265 Akron Road, Ephrata, Pennsylvania. Send comments to Mr. Clark R. Stauffer, Chairman of the Township of Ephrata Board of Supervisors, 265 Akron Road, Ephrata, Pennsyl- vania 17522–2792. City of Lancaster Maps available for inspection at the Lancaster City Office, 120 North Duke Street, Lancaster, Pennsylvania. Send comments to The Honorable Charles W. Smithgall, Mayor of the City of Lancaster, 120 North Duke Street, P.O. Box 1599, Lancaster, Pennsylvania 17608–1599. Township of Leacock Maps available for inspection at the Leacock Township Office, 3545 West Newport Road, Intercourse, Pennsylvania. Send comments to Mr. Frank Howe, Chairman of the Township of Leacock Board of Supervisors, 3545 West Newport Road, Intercourse, Pennsylvania 17534. Township of Manheim Maps available for inspection at the Manheim Township Office, 1840 Municipal Drive, Lancaster, Pennsylvania. Send comments to Mr. James Martin, Chairman of the Township of Manheim Board of Supervisors, 1840 Municipal Drive, Lancaster, Penn- sylvania 17601–4162.

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#Depth in feet above ground. *Elevation in feet (NGVD) Source of flooding Location •Elevation in feet (NAVD) Communities affected Existing Modified

Borough of Millersville Maps available for inspection at the Millersville Borough Office, 10 Colonial Avenue, Millersville, Pennsylvania. Send comments to Mr. Edward J. Arnold, Millersville Borough Manager, 10 Colonial Avenue, Millersville, Pennsylvania 17551. Township of Mount Joy Maps available for inspection at the Mount Joy Township Office, 159 Merts Drive, Elizabethtown, Pennsylvania. Send comments to Mr. Charles W. Ricedorf, Chairman of the Township of Mount Joy Board of Supervisors, 159 Merts Drive, Elizabethtown, Pennsylvania 17022. Township of Paradise Maps available for inspection at the Paradise Township Office, 196 Blackhorse Road, Paradise, Pennsylvania. Send comments to Mr. Kevin J. McClarigan, Chairman of the Township of Paradise Board of Supervisors, 196 Blackhorse Road, P.O. Box 40, Paradise, Pennsylvania 17562. Township of Penn Maps available for inspection at the Penn Township Office, 97 North Penryn Road, Manheim, Pennsylvania. Send comments to Mr. Daryl J. LeFever, Chairman of the Township of Penn Board of Supervisors, 97 North Penryn Road, Manheim, Penn- sylvania 17545. Township of Pequea Maps available for inspection at the Pequea Township Office, 1028 Millwood Road, Willow Street, Pennsylvania. Send comments to Ms. Virginia Brady, Chairman of the Township of Pequea Board of Supervisors, 1028 Millwood Road, Willow Street, Penn- sylvania 17584. Township of Providence Maps available for inspection at the Providence Township Office, 200 Mt. Airy Road, New Providence, Pennsylvania. Send comments to Mr. Wayne S. Herr, Chairman of the Township of Providence Board of Supervisors, 200 Mt. Airy Road, New Providence, Pennsylvania 17560. Township of Rapho Maps available for inspection at the Rapho Township Office, 971 North Colebrook Road, Manheim, Pennsylvania. Send comments to Mr. Lowell Fry, Chairman of the Township of Rapho Board of Supervisors, 971 North Colebrook Road, Manheim, Pennsyl- vania 17545. Township of Upper Leacock Maps available for inspection at the Upper Leacock Township Office, 36 Hillcrest Avenue, Leola, Pennsylvania. Send comments to Mr. Richard P. Heilig, Chairman of the Township of Upper Leacock Board of Supervisors, 36 Hillcrest Avenue, P.O. Box 325, Leola, Pennsylvania 17540. Township of Warwick Maps available for inspection at the Warwick Township Office, 315 Clay Road, Lititz, Pennsylvania. Send comments to Mr. W. Logan Myers, III, Chairman of the Township of Warwick Board of Supervisors, 315 Clay Road, P.O. Box 308, Lititz, Pennsylvania 17543. Township of West Cocalico Maps available for inspection at the West Cocalico Township Office, 156 B West Main Street, Reinholds, Pennsylvania. Send comments to Mr. Jacque A. Smith, Chairman of the Township of West Cocalico Board of Supervisors, 156 B West Main Street, P.O. Box 244, Reinholds, Pennsylvania 17569. Township of West Donegal Maps available for inspection at the West Donegal Township Office, 1 Municipal Drive, Elizabethtown, Pennsylvania. Send comments to Mr. Roger Snyder, Chairman of the Township of West Donegal Board of Supervisors, 1 Municipal Drive, Elizabethtown, Pennsylvania 17022. Township of West Hempfield Maps available for inspection at the West Hempfield Township Office, 3401 Marietta Avenue, Lancaster, Pennsylvania. Send comments to Mr. David Dumeyer, Chairman of the Township of West Hempfield Board of Supervisors, 3401 Marietta Avenue, Lan- caster, Pennsylvania 17601. Township of West Lampeter Maps available for inspection at the West Lampeter Township Office, 852 Village Road, Lampeter, Pennsylvania. Send comments to Mr. James Kalenich, Chairman of the Township of West Lampeter Board of Supervisors, 852 Village Road, Box 237, Lampeter, Pennsylvania 17537–0237.

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(Catalog of Federal Domestic Assistance No. NW., Suite 450, Washington, DC 20005, FEDERAL COMMUNICATIONS 83.100, ‘‘Flood Insurance.’’) (Counsel to Pacific Broadcasting of COMMISSION Dated: August 10, 2004. Missouri, LLC). 47 CFR Part 73 David I. Maurstad, FOR FURTHER INFORMATION CONTACT: Acting Director, Mitigation Division, Victoria McCauley, Media Bureau, (202) Emergency Preparedness and Response 418–2180. [DA 04–2501; MB Docket No. 04–319, RM– Directorate. 10984] [FR Doc. 04–19014 Filed 8–18–04; 8:45 am] SUPPLEMENTARY INFORMATION: This is a BILLING CODE 9110–12–P synopsis of the Commission’s Notice of Radio Broadcasting Services; Proposed Rule Making, MB Docket No. Clinchco, VA and Coal Run, KY 04–299, adopted August 10, 2004, and released August 12, 2004. The full text AGENCY: Federal Communications FEDERAL COMMUNICATIONS Commission. COMMISSION of this Commission decision is available for inspection and copying during ACTION: Proposed rule. 47 CFR Part 73 normal business hours in the FCC’s Reference Information Center at Portals SUMMARY: The Audio Division requests [DA 04–2460; MB Docket No. 04–299; RM– II, CY–A257, 445 Twelfth Street, SW., comments on a petition filed by East 10958] Washington, DC. This document may Kentucky Broadcasting Corp. proposing also be purchased from the the substitution of Channel 221C3 for Radio Broadcasting Services; Refugio, Channel 276A at Coal Run, Kentucky, Sinton, and Taft, TX Commission’s duplicating contractors, Best Copy and Printing, Inc., 445 12th and the modification of Station WPKE– AGENCY: Federal Communications Street, SW., Room CY–B402, FM’s license accordingly. To Commission. Washington, DC 20554, telephone 1– accommodate the upgrade, petitioner also proposes the substitution Channel ACTION: Proposed rule. 800–378–3160 or http:// www.BCPIWEB.com. 276A for Channel 221A at Clinchco, Virginia, and the modification of Station SUMMARY: This document requests Provisions of the Regulatory WDIC–FM’s license accordingly. comments on a petition for rulemaking Flexibility Act of l980 do not apply to Channel 221C3 can be substituted at filed jointly by Amigo Radio, Ltd. this proceeding. licensee of Station KOUL(FM), Sinton, Coal Run in compliance with the Members of the public should note Texas, and Pacific Broadcasting of Commission’s minimum distance that from the time a Notice of Proposed Missouri LLC, licensee of Station separation requirements with a site Rule Making is issued until the matter KTKY(FM), Taft, proposing the restriction of 19.2 kilometers (11.9 is no longer subject to Commission reallotment of Channel 279C1 from miles) southeast to avoid a short-spacing consideration or court review, all ex Sinton to Refugio, Texas and modify the to the licensed site for Station parte contacts are prohibited in license of Station KOUL(FM) to reflect WZAQ(FM), Channel 222A, Louisa, Commission proceedings, such as this the change of community. They also Kentucky. The coordinates for Channel one, which involve channel allotments. request that we modify the operating 221C3 at Coal Run are 37–23–57 NL and See 47 CFR § 1.1204(b) for rules condition for Station KTKY(FM), Taft, 82–23–42 WL. Additionally, Channel governing permissible ex parte contacts. Texas, to permit the station to 276A can be substituted at Clinchco at commence program test authority on For information regarding proper Station WDIC–FM’s presently licensed Channel 293C2 when Station filing procedures for comments, see 47 site. The coordinates for Channel 276A KOUL(FM) commences program test CFR 1.415 and 1.420. at Clinchco are 37–08–42 NL and 82– authority at Refugio. Channel 279C1 can List of Subjects in 47 CFR Part 73 23–22 WL As an ‘‘incompatible channel be reallotted at Refugio at Petitioners’ swap,’’ in accordance with the proposed site, 33.8 kilometers (21 miles) Radio, Radio broadcasting. provisions of Section 1.420(g)(3) of the southwest of the community. Since this For the reasons discussed in the Commission’s Rules, we will not accept proposal is within 320 kilometers (199 preamble, the Federal Communications competing expressions of interest for the miles) of the U.S.-Mexico border, Commission proposes to amend 47 CFR use of Channel 221C3 at Coal Run, concurrence of the Mexican government Part 73 as follows: Kentucky, or require petitioner to to the proposed allotments has been demonstrate the existence of an requested. The coordinates for Channel PART 73—RADIO BROADCAST equivalent class channel for the use of 279C2 at Refugio are 28–02–07 NL and SERVICES other interested parties. 97–26–11 WL. DATES: Comments must be filed on or 1. The authority citation for Part 73 DATES: Comments must be filed on or before October 4, 2004, reply comments continues to read as follows: before October 4, 2004, and reply on or before October 19, 2004. comments on or before October 19, Authority: 47 U.S.C. 154, 303, 334 and 336. ADDRESSES: Federal Communications 2004. § 73.202 [Amended] Commission, Washington, DC 20554. In ADDRESSES: Secretary, Federal addition to filing comments with the 2. Section 73.202(b), the Table of FM FCC, interested parties should serve the Communications Commission, 445 Allotments under Texas, is amended by Twelfth Street, SW., Washington, DC petitioner, or its counsel or consultant, adding Channel 279C1 at Refugio, and as follows: Howard J. Barr, Esq., 20554. In addition to filing comments by removing Channel 279C1 at Sinton. with the FCC, interested parties should Womble, Carlyle, Sandridge Rice, PLLC, serve the petitioner as follows: Robert B. Federal Communications Commission. 1401 Eye Street, NW., Suite 700, Jacobi, Esq., Cohn & Marks, 1920 N John A. Karousos, Washington, DC 20005 (Counsel for Street, NW., Suite 300, Washington, DC Assistant Chief, Audio Division, Media Petitioner). 20036, (Counsel to Amigo Radio, Ltd.) Bureau. FOR FURTHER INFORMATION CONTACT: and Pamela C. Cooper, Esq., Davis, [FR Doc. 04–19022 Filed 8–18–04; 8:45 am] Sharon P. McDonald, Media Bureau, Wright & Tremaine, LLP, 1500 K Street, BILLING CODE 6712–01–P (202) 418–2180.

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SUPPLEMENTARY INFORMATION: This is a FEDERAL COMMUNICATIONS The Provisions of the Regulatory synopsis of the Commission’s Notice of COMMISSION Flexibility Act of 1980 do not apply to Proposed Rule Making, MB Docket No. this proceeding. Members of the public 04–319, adopted August 10, 2004, and 47 CFR Part 73 should note that from the time a Notice released August 12, 2004. The full text of Proposed Rule Making is issued until of this Commission decision is available [DA 04–2498; MB Docket No. 04–316; RM– the matter is no longer subject to for inspection and copying during 11047] Commission consideration or court normal business hours in the FCC review, all ex parte contacts are Radio Broadcasting Services; prohibited in Commission proceedings, Reference Information Center (Room Morrison and Sparta, TN CY-A257), 445 12th Street, SW., such as this one, which involve channel Washington, DC. The complete text of AGENCY: Federal Communications allotments. See 47 CFR 1.1204(b) for this decision may also be purchased Commission. rules governing permissible ex parte contacts. from the Commission’s copy contractor, ACTION: Proposed rule. For information regarding proper Best Copy and Printing, Inc., Portals II, SUMMARY: This document sets forth a filing procedures for comments, see 47 445 12th Street, SW., Room CY-B402, CFR 1.415 and 1.420. Washington, DC 20054. proposal to amend the FM Table of Allotments, Section 73.202(b) of the List of Subjects in 47 CFR Part 73 Provisions of the Regulatory Commission’s rules, 47 CFR 73.202(b). Flexibility Act of 1980 do not apply to The Audio Division requests comment Radio, Radio broadcasting. this proceeding. on a petition and amendment to petition For the reasons discussed in the Members of the public should note filed by Clear Channel Broadcasting preamble, the Federal Communications that from the time a Notice of Proposed Licenses, Inc., licensee of Station Commission proposes to amend 47 CFR Rule Making is issued until the matter WRKK-FM, Channel 288A, Sparta, Part 73 as follows: Tennessee. Petitioner proposes to delete is no longer subject to Commission PART 73—RADIO BROADCAST Channel 288A at Sparta, Tennessee, to consideration or court review, all ex SERVICES parte contacts are prohibited in allot Channel 287A at Morrison, Commission proceedings, such as this Tennessee, and to modify the license of 1. The authority citation for Part 73 one, which involve channel allotments. Station WRKK-FM accordingly. The continues to read as follows: coordinates for Channel 287A at See 47 CFR 1.1204(b) for rules Authority: 47 U.S.C. 154, 303, 334 and 336. Morrison are 35–37–27 North Latitude governing permissible ex parte contacts. and 85–53–37 West Longitude. See § 73.202 [Amended] For information regarding proper filing SUPPLEMENTARY INFORMATION infra. procedures for comments, see 47 CFR 2. Section 73.202(b), the Table of FM 1.415 and 1.420. DATES: Comments must be filed on or Allotments under Tennessee, is before October 4, 2004, and reply amended by adding Morrison, Channel List of Subjects in 47 CFR Part 73 comments on or before October 19, 287A and by removing Sparta, Channel 2004. 288A. Radio, Radio broadcasting. ADDRESSES: Federal Communications Federal Communications Commission. For the reasons discussed in the Commission, Washington, DC 20554. In John A. Karousos, preamble, the Federal Communications addition to filing comments with the Assistant Chief, Audio Division, Media Commission proposes to amend 47 CFR FCC, interested parties should serve Bureau. part 73 as follows: counsel for the petitioner and counsel [FR Doc. 04–19026 Filed 8–18–04; 8:45 am] for Clear Channel Broadcasting BILLING CODE 6712–01–P PART 73—RADIO BROADCAST Licenses, Inc., as follows: Gregory L. SERVICES Masters, Evan S. Henschel, Wilen Rein & Fielding LLP, 1776 K Street, NW., FEDERAL COMMUNICATIONS 1. The authority citation for Part 73 Washington, DC 20006. COMMISSION continues to read as follows: FOR FURTHER INFORMATION CONTACT: Authority: 47 U.S.C. 154, 303, 334 and 336. Deborah A. Dupont, Media Bureau (202) 47 CFR Part 73 418–7072. [DA 04–2499; MB Docket No. 04–317, RM– § 73.202 [Amended] SUPPLEMENTARY INFORMATION: This is a 11004] 2. Section 73.202(b), the Table of FM synopsis of the Commission’s Further Radio Broadcasting Services; Center, Allotments under Kentucky, is amended Notice of Proposed Rule Making, MB TX by adding Channel 221C3 and by Docket No. 04–316, adopted August 10, removing Channel 276A at Coal Run. 2004 and released August 12, 2004. The AGENCY: Federal Communications 3. Section 73.202(b), the Table of FM full text of this Commission decision is Commission. available for inspection and copying Allotments under Virginia, is amended ACTION: Proposed rule. during normal business hours in the by adding Channel 276A and by FCC Reference Information Center SUMMARY: The Audio Division requests removing Channel 221A at Clinchco. (Room CY-A257), 445 12th Street, SW., comments on two petitions filed by Federal Communications Commission. Washington, DC. The complete text of Team Broadcasting Company, Inc., and John A. Karousos, this decision may also be purchased Charles Crawford, proposing the Assistant Chief, Audio Division, Media from the Commission’s copy contractor, allotment of Channel 248A at Center, Bureau. Best Copy and Printing, Inc., 445 12th Texas, as the community’s second local [FR Doc. 04–19025 Filed 8–18–04; 8:45 am] Street, SW, Room CY-B402, FM transmission service. Channel 248A Washington, DC, 20554, (800) 378–3160, can be allotted to Center in compliance BILLING CODE 6712–01–P or via the company’s Web site, http:// with the Commission’s minimum www.bcpiweb.com. distance separation requirements with a

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site restriction of 12.5 kilometers (7.8 PART 73—RADIO BROADCAST Carlsbad Fish and Wildlife Office, 6010 miles) southeast to avoid a short-spacing SERVICES Hidden Valley Road, Carlsbad, to the proposed allotment site for California 92009. Channel 247C2 at Longview, Texas. The 1. The authority citation for Part 73 2. You may hand-deliver written coordinates for Channel 248A at Center continues to read as follows: comments and information to our are 31–42–51 North Latitude and 94– Authority: 47 U.S.C. 154, 303, 334 and 336. Carlsbad Fish and Wildlife Office at the above address, or fax your comments to 05–13 West Longitude. § 73.202 [Amended] (760) 431–9618. DATES: Comments must be filed on or 2. Section 73.202(b), the Table of FM 3. You may send comments by before October 4, 2004, reply comments Allotments under Texas, is amended by electronic mail (e-mail) to on or before October 19, 2004. adding Channel 248A at Center. [email protected]. Please see the ADDRESSES: Federal Communications Federal Communications Commission. Public Comments Solicited section Commission, Washington, DC 20554. In John A. Karousos, below for file format and other addition to filing comments with the Assistant Chief, Audio Division, Media information about electronic filing. FCC, interested parties should serve the Bureau. Comments and materials received, as petitioner, or its counsel or consultant, [FR Doc. 04–19028 Filed 8–18–04; 8:45 am] well as supporting documentation used as follows: Mark N. Lipp, Esq., Law BILLING CODE 6712–01–P in preparation of the proposed critical Offices of Vinson & Elkins, L.L.P., The habitat rule for the Santa Ana sucker Willard Office Building, 1455 will be available for public inspection, Pennsylvania Ave., NW., Washington, DEPARTMENT OF THE INTERIOR by appointment, during normal business DC. 20004–1008, (Counsel for Team hours at the above address. Any Broadcasting Co., Inc.); and Charles Fish and Wildlife Service comments received after the closing Crawford, 4553 Bordeaux Ave., Dallas, date may not be considered in the final Texas 75205 (Petitioner). 50 CFR Part 17 decisions on this action. You may obtain copies of the proposed critical FOR FURTHER INFORMATION CONTACT: RIN 1018–AT57 habitat designation by contacting the Sharon P. McDonald, Media Bureau, Carlsbad Fish and Wildlife Office at the (202) 418–2180. Endangered and Threatened Wildlife and Plants; Reopening of the Public above address. SUPPLEMENTARY INFORMATION: This is a Comment Period and Notice of Public FOR FURTHER INFORMATION CONTACT: Mr. synopsis of the Commission’s Notice of Hearings for the Proposed Designation Jim Bartel, Field Supervisor, Carlsbad Proposed Rule Making, MB Docket No. of Critical Habitat for the Santa Ana Fish and Wildlife Office, at the above 04–317, adopted August 10, 2004, and Sucker address (telephone (760) 431–9440; released August 12, 2004. The full text facsimile (760) 431–9618). AGENCY: Fish and Wildlife Service, of this Commission decision is available SUPPLEMENTARY INFORMATION: for inspection and copying during Interior. normal business hours in the FCC ACTION: Proposed rule; reopening of Public Comments Solicited Reference Information Center (Room public comment period and notice of public hearings. We solicit comments or suggestions CY–A257), 445 12th Street, SW., from the public, other concerned Washington, DC. The complete text of SUMMARY: We, the U.S. Fish and governmental agencies, Tribes, the this decision may also be purchased Wildlife Service (Service), announce scientific community, industry, or any from the Commission’s copy contractor, that we are reopening a 30-day public other interested parties concerning our Best Copy and Printing, Inc., Portals II, comment period and holding public proposed designation of critical habitat 445 12th Street, SW., Room CY–B402, hearings on the proposed designation of for the Santa Ana sucker. We Washington, DC 20054. critical habitat for the Santa Ana sucker particularly seek comments concerning: Provisions of the Regulatory (Catostomus santaanae). Comments (1) The reasons why any habitat Flexibility Act of 1980 do not apply to previously submitted on the February should or should not be determined to this proceeding. 26, 2004, proposed rule (69 FR 8911) be critical habitat as provided by section Members of the public should note need not be resubmitted as they have 4 of the Act, including whether the that from the time a Notice of Proposed been incorporated into the public record benefit of designation will outweigh any Rule Making is issued until the matter and will be fully considered in the final threats to the species due to designation; is no longer subject to Commission decision. (2) Specific information on the consideration or court review, all ex DATES: The public comment period for amount and distribution of Santa Ana parte contacts are prohibited in this proposed designation of critical sucker habitat, and what habitat is Commission proceedings, such as this habitat is now reopened, and we will essential to the conservation of the one, which involve channel allotments. accept comments and information until species and why; See 47 CFR 1.1204(b) for rules 5 p.m. PST on September 20, 2004. (3) Land use designations and current governing permissible ex parte contacts. The public hearings on the proposed or planned activities in the subject areas For information regarding proper filing designation will be held on September and their possible impacts on proposed procedures for comments, see 47 CFR 9, 2004, from 1 p.m. to 3 p.m. and from critical habitat; 1.415 and 1.420. 6 p.m. to 8 p.m. in Pasadena, California. (4) Any foreseeable economic, ADDRESSES: The public hearings will be national security, or other potential List of Subjects in 47 CFR Part 73 held at the Pasadena Hilton, 168 S. Los impacts resulting from the proposed designation and, in particular, any Radio, Radio broadcasting. Robles Ave., Pasadena, California. Written comments and materials may impacts on small entities; and For the reasons discussed in the be submitted to us by one of the (5) Whether our approach to preamble, the Federal Communications following methods: designating critical habitat could be Commission proposes to amend 47 CFR 1. You may submit written comments improved or modified in any way to part 73 as follows: and information to the Field Supervisor, provide for greater public participation

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and understanding, or to assist us in 231–2080 as soon as possible. In order Dated: August 12, 2004. accommodating public concerns and to allow sufficient time to process David P. Smith, comments. requests, please call no later than one Acting Assistant Secretary for Fish and If you wish to comment, you may week before the hearing date. Wildlife and Parks. submit your comments and materials Information regarding this proposal is [FR Doc. 04–18987 Filed 8–18–04; 8:45 am] concerning this rule by any one of available in alternative formats upon BILLING CODE 4310–55–P several methods (see ADDRESSES requests. section). Please submit Internet Background comments to [email protected] in DEPARTMENT OF THE INTERIOR ASCII file format and avoid the use of On February 26, 2004, we special characters or any form of concurrently published in the Federal Fish and Wildlife Service encryption. Please also include ‘‘Attn: Register a final rule and a proposed rule Santa Ana Sucker Critical Habitat’’ in to designate critical habitat for the Santa 50 CFR Part 17 your e-mail subject header and your Ana sucker (69 FR 8839; 69 FR 8911). RIN 1018–AT66 name and return address in the body of In order to comply with the designation your message. If you do not receive a deadline established by the district Endangered and Threatened Wildlife confirmation from the system that we court, we were unable to open a public and Plants; Proposed Designation of have received your Internet message, comment period, hold a public hearing, Critical Habitat for the Buena Vista contact us directly by calling our or complete an economic analysis of the Lake Shrew Carlsbad Fish and Wildlife Office (see final rule. Please refer to the final rule FOR FURTHER INFORMATION CONTACT (69 FR 8839) for a complete explanation AGENCY: Fish and Wildlife Service, section). Interior. Our practice is to make comments, of our reasons for dispensing with the ACTION: Proposed rule. including names and home addresses of notice and comment procedures respondents, available for public review generally required under the Administrative Procedure Act. SUMMARY: We, the U.S. Fish and during regular business hours. Wildlife Service (Service), propose to Individual respondents may request that However, we fully recognize the value designate critical habitat for the Buena we withhold their home address, which and importance of public input in Vista Lake shrew (Sorex ornatus we will honor to the extent allowable by developing a critical habitat designation relictus) (referred to here as the shrew) law. There also may be circumstances in for the Santa Ana sucker. Therefore, in pursuant to the Endangered Species Act which we would withhold a order to allow members of the public an of 1973, as amended (Act). In total, respondent’s identity, as allowable by opportunity to comment on the critical approximately 4,649 acres (ac) (1,881 law. If you wish us to withhold your habitat designation for the Santa Ana hectares (ha)) occur within the name and/or address, you must state sucker, and to enable the Service to seek boundaries of the proposed critical this prominently at the beginning of peer review of such designation, and to habitat designation. The proposed your comments. However, we will not complete and circulate for public review critical habitat is located in the Central consider anonymous comments. To the an economic analysis of critical habitat Valley floor of Kern County, California. extent consistent with applicable law, designation, we published and solicited DATES: We will accept comments from we will make all submissions from comment on a proposed rule (69 FR all interested parties until October 18, organizations or businesses, and from 8911) to designate critical habitat for the 2004. We will hold public hearings on individuals identifying themselves as Santa Ana sucker on approximately Thursday, September 30, 2004 at the representatives or officials of 21,129 acres (ac) (8,550 hectares (ha)) of DoubleTree Hotel, 3100 Camino del Rio organizations or businesses, available land in Los Angeles and San Bernardino Court, Bakersfield, California. The for public inspection in their entirety. counties. The original comment period public hearing will include two on the proposed rule closed on April 26, Public Hearings sessions: 1 p.m. until 3 p.m. and 6 p.m. 2004. Anyone wishing to make an oral until 8 p.m. Registration for the hearings Section 4(b)(5)(E) of the Act (16 U.S.C. statement for the record is encouraged will begin at 12:30 p.m. for the 1531 et seq.) requires that a public to provide a written copy of their afternoon session and at 5:30 p.m. for hearing be held if it is requested within statement and present it to us at the the evening session. 45 days of the publication of a proposed hearings. In the event there is a large ADDRESSES: If you wish to comment, rule. In response to several requests for attendance, the time allotted for oral you may submit your comments and a public hearing from citizens statements may be limited. Oral and materials concerning this proposal by concerned with the designation of written statements receive equal any one of several methods: critical habitat in the Angeles National consideration. There are no limits on 1. You may submit written comments Forest, we will conduct public hearings the length of written comments and information by mail or hand on the date and at the address described submitted to us. If you have any delivery to the Field Supervisor, U.S. in the DATES and ADDRESSES sections questions concerning the public Fish and Wildlife Service, Sacramento above. hearings, please contact the Carlsbad Fish and Wildlife Office, 2800 Cottage Fish and Wildlife Office (see ADDRESSES Author Way, W–2605, Sacramento, California above). This notice is being published in 95825. the Federal Register to provide the The primary authors of this notice are 2. You may send comments by public and interested parties with a the staff of the Carlsbad Fish and electronic mail (e-mail) to minimum of 15 days’ notification about Wildlife office (see ADDRESSES section). [email protected]. Please see the the public hearings. Authority Public Comments Solicited section Persons needing reasonable below for file format and other accommodations in order to attend and The authority for this action is the information about electronic filing. In participate in the public hearings Endangered Species Act of 1973 (16 the event that our internet connection is should contact Patti Carroll at (503) U.S.C. 1531 et seq.). not functional, please submit your

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comments by the alternate methods message. If you do not receive a designation of statutory critical habitat mentioned above. confirmation from the system that we provides little additional protection to The comments and materials have received your Internet message, most listed species, while consuming received, as well as supporting contact us directly by calling our significant amounts of available documentation used in the preparation Sacramento Fish and Wildlife Office at conservation resources. The Service’s of this proposed rule, will be available phone number 916–414–6600. Please present system for designating critical for public inspection, by appointment, note that the Internet address habitat has evolved since its original during normal business hours at the [email protected] will be closed out statutory prescription into a process that Sacramento Fish and Wildlife Office, at the termination of the public provides little real conservation benefit, 2800 Cottage Way, W–2605, comment period. is driven by litigation and the courts Sacramento, California (telephone 916– Our practice is to make comments, rather than biology, limits our ability to 414–6600). including names and home addresses of fully evaluate the science involved, FOR FURTHER INFORMATION CONTACT: respondents, available for public review consumes enormous agency resources, Shannon Holbrook or Arnold Roessler, during regular business hours. and imposes huge social and economic Sacramento Fish and Wildlife Office, Individual respondents may request that costs. The Service believes that 2800 Cottage Way, W–2605 Sacramento, we withhold their home addresses from additional agency discretion would California, (telephone 916–414–6600; the rulemaking record, which we will allow our focus to return to those facsimile 916–414–6712). honor to the extent allowable by law. actions that provide the greatest benefit There also may be circumstances in to the species most in need of SUPPLEMENTARY INFORMATION: which we would withhold from the protection. Public Comments Solicited rulemaking record a respondent’s identity, as allowable by law. If you Role of Critical Habitat in Actual We intend that any final action wish us to withhold your name and/or Practice of Administering and resulting from this proposal will be as address, you must state this Implementing the Act accurate and as effective as possible. prominently at the beginning of your While attention to and protection of Therefore, comments or suggestions comment. However, we will not habitat is paramount to successful from the public, other concerned consider anonymous comments. We conservation actions, we have governmental agencies, the scientific will make all submissions from consistently found that, in most community, industry, or any other organizations or businesses, and from circumstances, the designation of interested parties concerning this individuals identifying themselves as critical habitat is of little additional proposed rule are hereby solicited. We representatives or officials of value for most listed species, yet it particularly seek comments concerning: organizations or businesses, available consumes large amounts of conservation (1) The reasons why any habitat for public inspection in their entirety. resources. Sidle (1987) stated, ‘‘Because should or should not be determined to Comments and materials received will the Act can protect species with and be critical habitat as provided by section be available for public inspection, by without critical habitat designation, 4 of the Act, including whether the appointment, during normal business critical habitat designation may be benefit of designation will outweigh any hours at the above address. redundant to the other consultation threats to the species due to designation. requirements of section 7.’’ Currently, (2) Specific information on the Public Hearings only 445 species or 36 percent of the amount and distribution of shrew The Act provides for a public hearing 1,244 listed species in the U.S. under habitat, and what habitat is essential to on this proposal, if requested. Given the the jurisdiction of the Service have the conservation of the species and why; high likelihood of requests, we have designated critical habitat. We address (3) Land use designations and current scheduled a public hearing on the habitat needs of all 1,244 listed or planned activities in the subject areas Thursday, September 30, 2004 at the species through conservation and their possible impacts on proposed DoubleTree Hotel, 3100 Camino del Rio mechanisms such as listing, section 7 critical habitat; Court, Bakersfield. Anyone wishing to consultations, the Section 4 recovery (4) Any foreseeable economic or other make oral comments for the record at planning process, the Section 9 potential impacts resulting from the the public hearing is encouraged to protective prohibitions of unauthorized proposed designation and, in particular, provide a written copy of their take, Section 6 funding to the States, any impacts on small entities; and statement and present it to us at the and the Section 10 incidental take (5) Whether our approach to hearing. In the event there is a large permit process. The Service believes designating critical habitat could be attendance, the time allotted for oral that it is these measures that may make improved or modified in any way to statements may be limited. Oral and the difference between extinction and provide for greater public participation written statements receive equal survival for many species. and understanding, or to assist us in consideration. We note, however, that a recent 9th accommodating public concerns and Persons needing reasonable Circuit judicial opinion, Gifford Pinchot comments. accommodations in order to attend and Task Force v. United State Fish and If you wish to comment, you may participate in the public hearing should Wildlife Service, has invalidated the submit your comments and materials contact Patti Carroll at 503/231–2080 as Service’s regulation defining destruction concerning this proposal by any one of soon as possible. In order to allow or adverse modification of critical several methods (see ADDRESSES sufficient time to process requests, habitat. We are currently reviewing the section). Please submit Internet please call no later than 1 week before decision to determine what effect it may comments to [email protected] in the hearing date. have on the outcome of consultations ASCII file format and avoid the use of pursuant to Section 7 of the Act. special characters or any form of Designation of Critical Habitat Provides encryption. Please also include ‘‘Attn: Little Additional Protection to the Procedural and Resource Difficulties in Buena Vista Lake shrew’’ in your e-mail Species Designating Critical Habitat subject header and your name and In 30 years of implementing the Act, We have been inundated with return address in the body of your the Service has found that the lawsuits for our failure to designate

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critical habitat, and we face a growing rule published in the Federal Register Federal Register on March 6, 2002 (67 number of lawsuits challenging critical on March 6, 2002 (67 FR 10101). FR 10101). Please refer to the final rule habitat determinations once they are The shrew formerly occurred in listing the shrew for information on made. These lawsuits have subjected the wetlands around Buena Vista Lake, and previous Federal actions prior to March Service to an ever-increasing series of presumably throughout the Tulare Basin 6, 2002. On January 12, 2004, the United court orders and court-approved (Grinnell 1932, 1933; Hall 1981; States District Court for the Eastern settlement agreements, compliance with Williams and Kilburn 1984; Williams District of California issued a which now consumes nearly the entire 1986; Service 1998). The animals were Memorandum Opinion and Order (Kern listing program budget. This leaves the likely distributed throughout the County Farm Bureau et al. v. Anne Service with little ability to prioritize its swampy margins of Kern, Buena Vista, Badgley, Regional Director of the United activities to direct scarce listing Goose, and Tulare Lakes. By the time States Fish and Wildlife Service, Region resources to the listing program actions the first shrews were collected and 1 et al., CV F 02–5376 AWIDLB). The with the most biologically urgent described, these lakes had already been order required the Service to publish a species conservation needs. drained and mostly cultivated with only proposed critical habitat determination The consequence of the critical sparse remnants of the original flora and for the shrew no later than July 12, habitat litigation activity is that limited fauna remaining (Grinnell 1932; Mercer 2004, and a final determination no later listing funds are used to defend active and Morgan 1991; Griggs 1992; Service than January 12, 2005. On July 8, 2004, lawsuits, to respond to Notices of Intent 1998). the court extended the deadline for (NOIs) to sue relative to critical habitat, Nearly the entire valley floor in the submitting the proposed rule to the and to comply with the growing number Tulare Basin is cultivated, and most of Federal Register to August 13, 2004. of adverse court orders. As a result of the lakes and marshes have been this consequence, listing petition drained and cultivated (Williams 1986; Critical Habitat responses, the Service’s own proposals Werschkull et al. 1992; Williams and Section 3(5)(A) of the Act defines to list critically imperiled species, and Kilburn 1992; Williams and Harpster critical habitat as—(i) the specific areas final listing determinations on existing 2001). The shrew is now known from within the geographic area occupied by proposals are all significantly delayed. five isolated locations along an a species, at the time it is listed in The accelerated schedules of court approximately 70-mile (mi) (113- accordance with the Act, on which are ordered designations have left the kilometer (km)) stretch on the west side found those physical or biological Service with almost no ability to of the Tulare Basin. The five locations features (I) essential to the conservation provide for adequate public are the former Kern Lake Preserve (Kern of the species and (II) that may require participation or to ensure a defect-free Preserve) on the old Kern Lake bed, the special management considerations or rulemaking process before making Kern Fan recharge area, Cole Levee protection; and (ii) specific areas decisions on listing and critical habitat Ecological Preserve (Cole Levee), the outside the geographic area occupied by proposals due to the risks associated Kern National Wildlife Refuge (Kern a species at the time it is listed, upon with noncompliance with judicially NWR) and the Goose Lake slough a determination that such areas are imposed deadlines. This situation in bottoms. essential for the conservation of the turn fosters a second round of litigation Over the last 20 years, a number of species. ‘‘Conservation’’ means the use in which those who fear adverse surveys have taken place in other of all methods and procedures that are impacts from critical habitat freshwater marshes and moist riparian necessary to bring an endangered or a designations challenge those areas on private and public lands threatened species to the point at which designations. The cycle of litigation throughout the range of the subspecies listing under the Act is no longer appears endless, is very expensive, and and were all unsuccessful in capturing necessary. in the final analysis provides relatively any shrews. For other previous surveys The designation of critical habitat little additional protection to listed for the shrew, please refer to the final does not affect land ownership or species. listing rule published in the Federal establish a refuge, wilderness, reserve, The costs associated with the critical Register on March 6, 2002 (67 FR preserve, or other conservation area. It habitat designation process include 10101). does not allow government or public legal costs, the costs of preparation and In 2003, a survey was conducted by access to private lands. Under section 7 publication of the designation, the the California State University, of the Act, Federal agencies must analysis of the economic effects and the Stanislaus Endangered Species consult with us on activities they costs of requesting and responding to Recovery Program (ESRP) for the Goose undertake, fund, or permit that may public comments, and, in some cases, Lake Bottoms Wetland project. The five affect critical habitat and lead to its the costs of compliance with National shrews captured on the sloughs and destruction or adverse modification. Environmental Policy Act. None of canals and in the inundation zone of However, the Act prohibits these costs result in any benefit to the Goose Lake during the 2003 survey were unauthorized take of listed species and species that is not already afforded by located within approximately 6.5 ac (2.6 requires consultation for activities that the protections of the Act enumerated ha) along the sloughs that consisted of may affect them, including habitat earlier, and these associated costs emergent vegetation that includes an alterations, regardless of whether directly reduce the scarce funds abundance of saltgrass, Allenrolfea and critical habitat has been designated. We available for direct and tangible Suaeda (ESRP 2004). The study have found that the designation of conservation actions. concluded that the preferred habitat of critical habitat provides little additional the shrew is along the margins of wet protection to most listed species. Background areas where emergent vegetation To be included in a critical habitat It is our intent to discuss only those provides cover and foraging designation, habitat must be either a topics directly relevant to the opportunities. specific area within the geographic area designation of critical habitat in this occupied by the species on which are proposed rule. For more information on Previous Federal Actions found those physical or biological the Buena Vista Lake shrew (Sorex A final rule listing the shrew as features essential to the conservation of ornatus relictus), refer to the final listing endangered was published in the the species (primary constituent

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elements, as defined at 50 CFR critical habitat. When determining Williams and Kilburn 1984; Williams 424.12(b)) and which may require which areas are critical habitat, a 1986), habitat and wetland mapping and special management considerations or primary source of information should be other data collected and reports protections, or be specific areas outside the listing package for the species. submitted by biologists holding section of the geographic area occupied by the Additional information may be obtained 10(a)(1)(A) recovery permits, biological species which are determined to be from a recovery plan, articles in peer- assessments provided to the Service essential to the conservation of the reviewed journals, conservation plans through section 7 consultations, reports species. Section 3(5)(C) of the Act states developed by States and counties or and documents that are on file in the that not all areas that can be occupied other entities that develop HCPs, Service’s field office (Center for by a species should be designated as scientific status surveys and studies, Conservation Biology 1990; Maldonado critical habitat unless the Secretary biological assessments, or other et al. 1998; ESRP 1999a; ESRP 2004), determines that all such areas are unpublished materials and expert and personal discussions with experts essential to the conservation of the opinion or personal knowledge. inside and outside of the Service with species. Our regulations (50 CFR Section 4 of the Act requires that we extensive knowledge of the shrew and 424.12(e)) also state that, ‘‘The Secretary designate critical habitat on the basis of habitat in area. We then conducted site shall designate as critical habitat areas what we know at the time of visits and visual habitat evaluation in outside the geographic area presently designation. Habitat is often dynamic, areas known to have shrew, and in areas occupied by the species only when a and species may move from one area to within the historical ranges that had designation limited to its present range another over time. Furthermore, we potential to contain shrew habitat. would be inadequate to ensure the recognize that designation of critical The proposed critical habitat units conservation of the species.’’ habitat may not include all of the were delineated by creating rough areas Regulations at 50 CFR 424.02(j) define habitat areas that may eventually be for each unit by screen digitizing special management considerations or determined to be necessary for the polygons (map units) using ArcView protection to mean any methods or recovery of the species. For these (Environmental Systems Research procedures useful in protecting the reasons, critical habitat designations do Institute, Inc.), a computer Geographic physical and biological features of the not signal that habitat outside the Information System (GIS) program. The environment for the conservation of designation is unimportant or may not polygons were created by overlaying listed species. When we designate be required for recovery. current and historic species location critical habitat, we may not have the Areas that support populations, but points (CNDDB 2004), and mapped information necessary to identify all are outside the critical habitat wetland habitats (California Department areas that are essential for the designation, will continue to be subject of Water Resources 1999) or other conservation of the species. to conservation actions implemented wetland location information, onto Nevertheless, we are required to under section 7(a)(1) of the Act and to SPOT imagery (satellite aerial designate those areas we consider to be the regulatory protections afforded by photography) (CNES/SPOT Image essential, using the best information section 7(a)(2) and section 9 of the Act, Corporation 1993–2000) and Digital available to us. Accordingly, we do not as determined on the basis of the best Ortho-rectified Quarter Quadrangles designate critical habitat in areas available information at the time of the (DOQQs) (USGS 1993–1998) for areas outside the geographic area occupied by action. Federally funded or permitted containing the shrew. We utilized GIS the species unless the best available projects affecting listed species outside data derived from a variety of Federal, scientific and commercial data their designated critical habitat areas State, and local agencies, and from demonstrate that those areas are may still result in jeopardy findings in private organizations and individuals. essential for the conservation needs of some cases. Similarly, critical habitat To identify where essential habitat for the species. designations made on the basis of the the shrew occurs we evaluated the GIS Section 4(b)(2) of the Act requires that best available information at the time of habitat mapping and species occurrence we take into consideration the economic designation will not control the information from the CNDDB (2004). We impact, the impact on national security, direction and substance of future presumed occurrences identified in and any other relevant impact of recovery plans, habitat conservation CNDDB to be extant unless there was specifying any particular area as critical plans, or other species conservation affirmative documentation that an habitat. We may exclude areas from planning efforts if new information occurrence had been extirpated. We also critical habitat designation when the available to these planning efforts calls relied on unpublished species benefits of exclusion outweigh the for a different outcome. occurrence data contained within our benefits of including the areas within files including section 10(a)(1)(A) Methods critical habitat, provided the exclusion reports and biological assessments. will not result in extinction of the As required by section 4(b)(2) of the These polygons of identified habitat species. Act and regulations at 50 CFR 424.12, were further evaluated. Several factors Our Policy on Information Standards we used the best scientific and were used to delineate the proposed Under the Endangered Species Act, commercial data available to determine critical habitat units from these land published in the Federal Register on areas that contain the physical and areas. We reviewed any information in July 1, 1994 (59 FR 34271), provides biological features that are essential for the Recovery Plan for Upland Species of criteria, establishes procedures, and the conservation of the shrew. This the San Joaquin Valley, California provides guidance to ensure that our included data and information (Service 1998), or other peer reviewed decisions represent the best scientific contained in, but not limited to, the literature or expert opinion for the and commercial data available. It proposed and final rules listing the shrew to determine if the designated requires our biologists, to the extent shrew (Service 2000, 2002), the areas would meet the species needs for consistent with the Act and with the use Recovery Plan for Upland Species of the conservation and that these areas of the best scientific and commercial San Joaquin Valley, California (Service contained the appropriate primary data available, to use primary and 1998), research and survey observations constituent elements for the species. original sources of information as the published in peer reviewed articles Further refinement was done by using basis for recommendations to designate (Grinnell 1932, 1933; Hall 1981; satellite imagery, watershed boundaries,

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soil type coverages, vegetation/land lakes basins on the valley floor below description of shrew critical habitat cover data, and agricultural/urban land 350 ft (107 m) elevation (Grinnell 1932, because they are the habitat use data to eliminate areas that did not 1933; Hall 1981; Williams and Kilburn requirements needed by the shrew. contain the appropriate vegetation or 1984; Williams 1986; Service 1998). Food associated native plant species, as well With the draining and conversion of the as features such as cultivated agriculture majority of the shrew’s natural habitat The specific feeding and foraging fields, development, and other areas from wetland to agriculture and the habits of the shrew are not well known. that are unlikely to contribute to the channelization of riparian corridors for In general, shrews primarily feed on conservation of the shrew. water conveyance structures, the insects and other animals, mostly As stated earlier, the shrew occurs in vegetative communities associated with invertebrates (Harris 1990, Williams habitats in and adjacent to riparian and the shrew have become degraded and 1991, Maldonado 1992). Food probably wetland edge areas with a vegetation non-native species have replaced the is not cached and stored, so the shrew structure that provides cover, allowing plant species associated with the shrew must forage periodically day and night for moist soils that support a diversity (Grinnell 1932; Mercer and Morgan to maintain its high metabolic rate. The vegetation communities of terrestrial and aquatic insect prey. We 1991; Griggs 1992; Service 1998). described above provide a diversity of have determined that all five of the Current survey information has known locations of shrew are essential structural layers and plant species and identified five areas where the shrew likely contribute to the availability of to the conservation of the species has been found (CNDDB 2004; (CNDDB 2003). These areas all contain prey for shrews. Therefore, conservation Maldonado 1992; Williams and Harpster of the shrew should include wetland and/or riparian habitat and are 2001; ESRP 2004). The five locations are located within the historical range of the consideration of the habitat needs of the former Kern Lake Preserve (Kern shrew. The specific essential habitat is prey species, including structural and Preserve) on the old Kern Lake bed, the explained in greater detail below in the species diversity and seasonal Kern Fan recharge area, Cole Levee Unit Descriptions section. availability. Shrew habitat must provide Ecological Preserve (Cole Levee), the sufficient prey base and cover from Primary Constituent Elements Kern National Wildlife Refuge (Kern which to hunt in an appropriate In accordance with section 3(5)(A)(i) NWR) and the Goose Lake slough configuration and proximity to nesting of the Act and regulations at 50 CFR bottoms. The vegetative communities sites. The shrew feeds indiscriminately 424.12, in determining which areas to associated with these areas and with on available larvae and adults of several propose as critical habitat, we are shrew occupancy are characterized by species of aquatic and terrestrial insects. required to base critical habitat the presence of but is not limited to: An abundance of invertebrates is determinations on the best scientific Fremont cottonwood (Populus associated with moist habitats, such as and commercial data available and to fremontii), willows, Salix spp.) wetland edges, riparian habitat, edges of consider those physical and biological glasswort (Salicornia sp.), wild-rye grass lakes, ponds, or drainages that possess features (primary constituent elements (Elymus sp.), and rush grass (Juncus sp.) a dense vegetative cover (Owen and (PCEs)) that are essential to the and other emergent vegetation (Service Hoffmann 1983). Therefore, to be conservation of the species, and that 1998). Maldonado (1992) found shrews considered essential, critical habitat may require special management in areas of moist ground covered with consists of a vegetative structure that considerations and protection. These leaf litter near other low-lying contains suitable soil moisture capable include, but are not limited to: Space for vegetation, branches, tree roots, and of supporting a diversity of invertebrates individual and population growth and fallen logs, or in areas with cool, moist so that there is a substantial food source for normal behavior; food, water, air, soil beneath dense mats of vegetation to sustain occurrences of the shrew. light, minerals, or other nutritional or kept moist by its proximity to the water physiological requirements; cover or line. He described specific habitat Water shelter; sites for breeding, reproduction, features that would make them suitable Open water does not appear to be and rearing (or development) of for the shrew: (1) Dense vegetative necessary for the survival of the shrew. offspring; and habitats that are protected cover; (2) a thick, three-dimensional The habitat where the shrew have been from disturbance or are representative of understory layer of vegetation and felled found contain areas with both open the historic geographical and ecological logs, branches, and detritus/debris; (3) water and mesic environments distributions of a species. heavy understory of leaf litter with duff (Maldonado 1992; Williams and The specific primary constituent overlying soils; (4) proximity to suitable Harpster 2001). The availability of water elements required for the shrew are moisture; and (5) a year-round supply of contributes to improved vegetation derived from the biological needs of the invertebrate prey. Williams and structure and diversity which improves shrew as described in the Background Harpster (2001) concluded that the best cover availability. The presence of water section of this proposal and in the final habitat for the shrew was found in also attracts potential prey species listing rule. ‘‘riparian and wetland communities improving prey availability. with an abundance of leaf litter (humus) Space for Individual and Population or dense herbaceous cover.’’ They also Reproduction and Rearing of Offspring Growth and Normal Behavior determined that ‘‘although moist soil in Little is known about the reproductive As described previously, shrew were areas with an overstory of willows or needs of the shrew. The breeding season recorded in association with perennial cotton woods appears to be favored,’’ begins in February or March and ends and intermittent wetland habitats along they doubted that such overstory was in May or June, but can be extended riparian corridors, marsh edges, and essential. Based on changes in the depending on habitat quality and other palustrine (marsh type) habitats in native habitat composition and structure available moisture (J. Maldonado, Pers the southern San Joaquin Valley of and information on habitat descriptions Comm., 1998; Paul Collins, Santa California. The shrew presumably of where the shrew have been found, we Barbara Museum of Natural History, in occurred in the moist habitat include the moist vegetative litt. 2000). The edges of wetland or surrounding wetland margins in the communities surrounding permanent marshy habitat allow the shrew to Kern, Buena Vista, Goose and Tulare and semi-permanent wetlands in our provide hospitable environments and

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have larger prey base to give birth and units proposed to be designated are do not find any areas outside of the raise its young. The shrew’s preference determined to be essential for the known geographical area occupied by for dense vegetative understories also conservation of the species because they the shrew to be essential to the provides cover from predators. Dense contain a variety of habitats. Protecting conservation of the species at this time. vegetation also allows for the soil a variety of habitats and conditions that Special Management Considerations or moisture necessary for a consistent contain the PCE’s will allow the shrew Protections supply of terrestrial and aquatic insect to be self-sustaining because it will prey (Kirkland 1991; Ma and Talmage increase the ability of the shrew to Special management considerations 2001, Freas 1990, Maldonado 1992, survive stochastic environmental (e.g., or protections may be needed to Maldonado et al., 1998). fire), natural (e.g., predators), maintain the physical and biological The areas proposed for designation as demographic (e.g., low recruitment), or features as well as the primary critical habitat for the shrew consist of genetic (e.g., inbreeding) events, constituent elements that are essential habitat with the primary constituent therefore lowering the probability of for the conservation of the shrew within elements that are essential for adult and extinction. Suitable habitat within the designated critical habitat. The term juvenile shrews to maintain and sustain historic range is extremely limited and ‘‘special management considerations or occurrences throughout their range. The remaining habitats are vulnerable to protection’’ originates in section 3(5)(A) PCE’s below describe the habitat of both anthropogenic and natural threats of the Act under the definition of units that are being designated as because so few extant occurrences of the critical habitat. We believe that the critical habitat. Special management, shrew exist, and the number of proposed critical habitat units may such as habitat rehabilitation efforts individuals at each location is estimated require the special management (e.g., provision of an adequate and to be low. Also, these areas provide considerations or protections due to the reliable water source and restoration of habitats essential for the maintenance threats identified below. riparian habitat), may be necessary and growth of self-sustaining throughout the areas being proposed. The majority of locations supporting populations and metapopulations (a set the shrew are on private land, and are Primary Constituents for the Buena of local populations where typically subject to a change in water supply that Vista Lake Shrew migration from one local population to maintains the current habitat. Elevated other areas containing suitable habitat is Based on our current knowledge of concentrations of selenium also possible) of shrews throughout its range. the life history, biology, and ecology of represent a serious environmental threat Therefore, these areas are essential to the species and the requirements of the to the species (Service 2002). High the conservation of the shrew. habitat to sustain the essential life levels of selenium have been measured We are proposing to designate critical history functions of the species, we have in recharge and evaporation ponds habitat in five units that we have determined that the shrew requires the adjacent to areas where the shrew determined are essential to the following primary constituent elements: occurs (California Department of Water (i) Riparian or wetland communities conservation of the shrew. In our Resources in litt. 1997). Potential supporting a complex vegetative development of critical habitat for the dietary selenium concentrations, from structure with a thick cover of leaf litter shrew, we used the following methods. sampled aquatic insects, are within or dense mats of low-lying vegetation; All of the units have the primary ranges toxic to small mammals (Olson and constituent element described above. 1986, Skorupa et al. 1996), and could (ii) Suitable moisture supplied by a When determining critical habitat include, but may not be limited to, shallow water table, irrigation, or boundaries, we made every effort to reduced reproductive output or proximity to permanent or semi- exclude all developed areas, such as premature death (Eisler 1985, Skorupa permanent water; and towns, housing developments, and other et al. 1996). The shrew also faces high (iii) A consistent and diverse supply lands unlikely to contain the primary risks of extinction from random of prey. constituent elements essential for shrew catastrophic events (e.g. floods, drought, The requisite riparian and wetland conservation. Our mapping units and inbreeding) (Service 1998). These habitat is essential for the shrew by exclude any developed lands, such as threats and others mentioned above providing space and cover necessary to lands supporting outbuildings, would render the habitat less suitable sustain the entire life cycle needs of the paddocks, roads, paved areas, lawns, for the shrew, and special management shrew, as well as its invertebrate prey. and other lands unlikely to contain the may be needed to address them. The shrew is preyed upon by many primary constituent elements. large vertebrate carnivores as well as In summary, we are proposing to Proposed Critical Habitat Designation avian predators. Therefore, a dense designate five critical habitat units within the known geographical area We are proposing 5 units as critical vegetative structure provides the cover habitat for the shrew. These 5 critical or shelter essential for evading predators occupied by the species. The primary constituent elements are present and the habitat units described below constitute as well as serving as habitat for breeding our best assessment at this time of the and reproduction, and allows for the shrew is extant in all units. Additional areas outside of the geographic area areas essential for the conservation of protection and rearing of offspring and the shrew. The 5 units proposed as the growth of adult shrews. currently known to be occupied by the shrew were evaluated to determine if critical habitat for the shrew are: Criteria Used To Identify Critical they are essential to the conservation of (1) Kern National Wildlife Refuge; (2) Habitat the shrew and should be included in the Goose Lake; (3) Kern Fan Recharge Area; For the eventual delisting of the proposed critical habitat. Based upon (4) Coles Levee; and, (5) Kern Lake. shrew, it is necessary to conserve our evaluation of available information The approximate area encompassed sufficient population numbers to ensure which included the Recovery Plan, within each proposed critical habitat that it can be self-sustaining. The five survey data, and historical records, we unit is shown in Table 1.

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TABLE 1.—CRITICAL HABITAT UNITS PROPOSED FOR THE BUENA VISTA LAKE SHREW [Area estimates reflect all lands within proposed critical habitat unit boundaries, not just the areas supporting primary constituent elements.]

Federal State Local agencies Private Total Unit ac ha ac ha ac ha ac ha ac ha

1. Kern National Wildlife Refuge .. 387 157 ...... 387 157 2. Goose Lake ...... 1,277 517 1,277 517 3. Kern Fan Recharge Area ...... 2,682 1,085 ...... 2,682 1,085 4. Coles Levee ...... 214 87 214 87 5. Kern Lake ...... 90 36 90 36

Grand Total ...... 387 157 0 0 2,682 1,085 1,581 640 4,649 1,881

Although we are aware that less than CCP is available to the public, an experienced widespread losses due to ten percent of Federal lands occur internal section 7 review will take place the diversion of water for agricultural within these boundaries, the majority of and an evaluation of effects of the plan purposes. This unit is essential to the these areas proposed for critical habitat on the shrew will be determined. conservation of the species because it designation occur on privately owned Kern NWR has 1,102 acres of wetland represents one of five remaining areas land. communities on the approximately known to support an extant population The areas essential for the shrew 10,618 acre refuge. Much of this of the shrew that also contains the include areas throughout the species’ wetland acreage is seasonally flooded. PCE’s. range in California and includes areas Dominant plants included bulrushes Water from the California Aqueduct is representative of all habitat types where (Scirpus sp.), cattails (Typha sp.), rushes transferred to the Goose Lake area in the species is found, so as to better (Juncus sp.), spike rush (Heleocharis years of abundant water, where it is ensure the long term survival of the palustris), and arrowhead (Sagittaria allowed to recharge the aquifer that is species. Below are brief descriptions of longiloba). Riparian areas next to creeks used for irrigated agriculture. Small, all the proposed units and the reasons and sloughs comprised approximately degraded examples of freshwater marsh why they are essential for the 125 acres, less than 1 percent of the and riparian communities still exist in conservation of the shrew. refuge. Fremont cottonwoods (Populus the area of Goose Lake and Jerry Slough, fremontii), and various species of which is a portion of historical Goose Unit 1: Kern National Wildlife Refuge willows (Salix spp.) are the dominant Slough, an overflow channel of the Kern (Kern NWR) Unit woody plants in riparian areas. Other River. Suitable habitat for shrews is The Kern NWR Unit is in plant communities on the Refuge that found in the Goose Lake area (Germano northwestern Kern County. The Kern support shrews are Valley iodine bush and Tabor 1993). NWR consists of two sub-units totaling scrub, dominated by iodine bush Gooselake Holding Co., a partnership approximately 387 ac (157 ha) (unit 1a, (Allenrolfea occidentalis), suaeda comprised of members of the Tracy 274 ac (111 ha); unit 1b, 66 ac (27 ha); (Suaeda sp.), alkali heath (Frankenia family and Buttonwillow Land and unit 1c, 47 ac (19 ha)). Shrew habitat in salina), and salt-cedar scrub dominated Cattle Company, in cooperation with this unit receives its soil moisture by Tamarix sp. (salt cedar). Both of Ducks Unlimited (DU), Inc. and regime from the California Aqueduct. these communities occupy sites with Semitropic Water Storage District There are known occurrences at two moist, alkaline soils. Iodine bush scrub (Semitropic WSD), is proposing to locations within the refuge. One of these often has poorly drained soils, the first create and restore habitat for waterfowl areas has standing water from few inches of which are often dry in the project area, and restoration September 1 through approximately during the long, hot season. This unit is activities are currently planned for the April 15. After that time, the trees in the essential to the conservation of the area and funded through grants under area may receive irrigation water so the species because it represents one of five the North American Wetlands area may possibly remain damp through remaining areas known to support an Conservation Act (NAWCA). This May. This area is dry for approximately extant population of the shrew that also project will enhance existing sloughs 3 months during the summer. The contains the PCE’s. and create new water delivery second area of known occurrences has conveyance systems to provide a more Unit 2: Goose Lake Unit standing water from the second week of efficient and permanent water supply to August through June into early July and The Goose Lake Unit, consisting of existing wetlands on the two properties. is only dry for a short time during the 1,277 ac (517 ha) and located about 10 The wetlands within the project site summer. Two other areas where shrew miles south of Kern NWR, is the historic generally lie within a trough on the occurrences are likely within the refuge lake bed of Goose Lake. The Goose Lake southeastern shores of historic Goose are the Poso Creek Channel, which area consists of approximately 4,000 Lake. A water conveyance system will maintains moisture from August to June acres of former marshes and wetlands provide wetland managers with a more and a unit in the northeastern portion of and over 4,000 acres of upland dependable water supply to existing the refuge that is wet for approximately communities. Goose Lake is managed by wetland basins and will help to convey 10 months of the year (Dave Hardt the Semitropic Water District as a excess agricultural field run-off water to pers.comm.). The Kern NWR has not ground-water recharge basin. There are the eastern portion of Goose Lake during completed a Comprehensive currently no conservation agreements flood events or periods of excess run-off Conservation Plan (CCP) for the refuge. covering this land. The Goose Lake Unit water discharges. The current water A draft plan is scheduled to be available is found south of Kern National Wildlife regime for the Goose Lake area is driven to the public and a final CCP completed Refuge in northwestern Kern County. by supplies from agricultural activity prior to October, 2004. Once the draft Shrew habitat in this unit has southeast of Goose Lake, where the

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water is mostly from wells. Most of the these areas includes cattails, bulrushes, shrews. This site had no standing water water supplied to the wetlands located Juncus sp., and saltgrass. at the time of the capture within 100m on the eastern portion of Goose Lake Approximately 6.5 acres of potential of the location where the shrews were comes from tail water generated from shrew habitat located along the Goose caught. Water diversion projects are the this agriculture, but in some years, well Lake sloughs were surveyed in January greatest threats to shrews within this water is occasionally added into the 2004 (ESRP 2004). Five shrews were unit. This unit is essential to the canal system and delivered to the captured during the survey effort with conservation of the species because it wetlands. the greatest distance between capture represents one of five remaining areas In the Southwest part of the Lake, sites being 1.6 miles, indicating that known to support an extant population Semitropic WSD has a spillway which shrews are widely distributed on the of the shrew that also contains the is occasionally used in times of site. PCE’s. The unit is adjacent to, but not flooding. In the northwestern portion of Unit 3: Kern Fan Water Recharge Unit included within, the Kern Water Bank the lake, the district periodically floods Habitat Conservation Plan/Natural wetlands for duck hunting. Currently, The Kern Fan Water Recharge Area Community Conservation Plan (Kern much floodwater is lost to the district. Unit consists of 2,687 ac (1,088 ha). The Water Bank HCP/NCCP) permit area Through an agreement being prepared unit is within the Kern Fan Water (Kern Water Bank Authority 1997). between Semitropic WSD and Recharge Area (2,800 ac (1,133 ha)), Gooselake Holding Company, which is owned by the City of Unit 4: Coles Levee Unit floodwater will be captured and stored Bakersfield. The unit is located adjacent The Coles Levee Unit is on his property from March through to the Kern Water Bank, a 19,000 ac approximately 214 ac (87 ha) in Kern April (or May). Later these waters will (7,689 ha) area owned by the Kern County, owned by Aera Energy. The be pumped into the Semitropic WSD Water Bank Authority. Portions of the area was established as a mitigation system and delivered to their customers. recharge area are flooded sporadically, bank in 1992, in an agreement between In exchange for this storage, the district forming fragmented wetland Atlantic Richfield Company (ARCO) will partially subsidize the landowner’s communities throughout the area. and California Department of Fish and water cost for his wetlands. The result Narrow strips of riparian communities Game. The area serves as a mitigation of this will be a significant increase in exist on both sides of the Kern River. bank to compensate for take of habitats the duration and area of wetlands The plant communities of the Kern Fan for listed upland species. The site is flooded each year. Water Recharge Area include a mixture mostly highly degraded upland saltbush Many of the ditches on the property of Valley saltbush scrub, Great Valley and mequite scrub, and interlaces with east of Gooselake are in need of repair. mesquite shrub, and some remnant slough channels for the historical Kern The project will repair much of the riparian areas. The Valley saltbush River fan where it entered Buena Vista water delivery system, allowing the scrub is characterized by the presence of Lake from the northeast. Most slough landowner to improve water Valley saltbush (Atriplex polycarpa), channels are dry except in times of conveyance. Enhancements proposed at alkali heath, goldenbush (Isocoma heavy flooding, every several years. The Goose Lake would substantially increase acradenia), and common spikeweed area contains approximately 2 mi (3.2 the quantity and quality of shrew (Hemizonia pungens). The soils in this km) of much degraded riparian habitat on the site. The principle area are sandy to loamy with no surface communities along the Kern River. periods that water will be conveyed alkalinity. This community seems to Located in the unit is a human-made through the perimeter sloughs will be intergrade with the Great Valley pond that was formed less than 5 years during the agricultural irrigation season mesquite scrub plant community. This ago. Water from the adjacent oil fields (approximately June through November) is an open scrubland dominated by is constantly being pumped into the and during stochastic flooding events mesquite (Prosopis juliflora), Valley basin. Vegetation includes bulrushes, between November and July. It is saltbush, and goldenbush. The soils also stinging nettle, mulefat, salt grass, possible, depending on flows in Jerry are sandy loams of alluvial origin. quailbush (Atriplex lentiformis), and Slough caused by the above sources, Remnant riparian areas are found poison hemlock (Conium maculatum). that water might be conveyed through throughout the water bank area, but are There are a few willows and Fremont the perimeter sloughs during any time mainly located near the main channel of cottonwoods scattered throughout the of the year. Wetland basins will be the Kern River and are dominated by area. This site runs parallel to the Kern managed to provide optimal habitat Fremont cottonwood, willow species River bed. conditions for migrating and wintering (Salix spp.), stinging nettle (Urtica This unit is essential to the waterfowl. This involves flooding dioica), creeping wild rye (Leymus conservation of the species because it seasonal and semi-permanent wetland triticoides), mulefat (Baccharis represents one of five remaining areas basins beginning in September and salicifolia), and narrow-leaved known to support an extant population maintaining this wetland habitat milkweed (Asclepias fascicularis). of the shrew that also contains the through March. Dominant species found in the PCE’s. An HCP was issued for the Coles Dominant vegetation along the slough trapping locations included Fremont Levee Ecological Preserve Area. The channels includes frankenia cottonwood, stinging nettle, creeping HCP permit expired when ARCO sold (Frankenia), iodine bush, and seepweed wild rye, and salt grass. The areas under the property to the current owner and (Suaeda). The northern portion of the the cottonwoods are normally thick the permit was not transferred. unit consists of scattered mature with leaf litter or with creeping wild Allenrolfea shrubs in an area that has rye, which tends to grow in thick mats. Unit 5: Kern Lake Unit relatively moist soils. The southern Some low-lying land has little The Kern Lake Unit is approximately portion of the unit is characterized by a vegetation and mostly bare soil, whereas 90 acres (36 ha) and is found in the dense mat of saltgrass (Distichilis) and some of the higher sites contained lush southern portion of the San Joaquin clumps of Allenrolfea and Suaeda. A patches of creeping wild rye. Valley in southwestern Kern County, portion of the unit currently exhibits Willow species, stinging nettles, and approximately 16 miles south of inundation and saturation during the a thick mat of creeping wild rye Bakersfield. This unit lies between Hwy winter months. Dominant vegetation in dominate the location of the captured 99 and Interstate 5, south of Herring

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Road near the New Rim Ditch. The that were the basis for determining the consultation on previously reviewed moisture regime for shrew habitat in habitat to be critical.’’ We are currently actions in instances where critical this unit is maintained by agricultural reviewing the regulatory definition of habitat is subsequently designated and runoff from the New Rim ditch. This adverse modification in relation to the the Federal agency has retained unit is essential to the conservation of conservation of the species. discretionary involvement or control the species because it represents one of Section 7(a) of the Act requires over the action or such discretionary five remaining areas known to support Federal agencies, including the Service, involvement or control is authorized by an extant population of the shrew that to evaluate their actions with respect to law. Consequently, some Federal also contains the PCE’s. The Kern Lake any species that is proposed or listed as agencies may request reinitiation of area was formerly managed by the endangered or threatened and with consultation or conference with us on Nature Conservancy for the Boswell respect to its critical habitat, if any is actions for which formal consultation Corporation, and was once thought to proposed or designated. Regulations has been completed, if those actions contain the last remaining population of implementing this interagency may affect designated critical habitat or the shrew. This area does not have a cooperation provision of the Act are adversely modify or destroy proposed conservation easement and is managed codified at 50 CFR part 402. Section critical habitat. by the landowners. We are unaware of 7(a)(4) of the Act requires Federal We may issue a formal conference any plans to develop this site. agencies to confer with us on any action report if requested by a Federal agency. The Kern Lake Unit is situated at the that is likely to jeopardize the continued Formal conference reports on proposed edge of the historic Kern Lake. Since the existence of a proposed species or result critical habitat contain an opinion that advent of reclamation and development, in destruction or adverse modification is prepared according to 50 CFR 402.14, the surrounding lands have seen of proposed critical habitat. Conference as if critical habitat were designated. We intensive cattle and sheep ranching and, reports provide conservation may adopt the formal conference report more recently, cotton and alfalfa recommendations to assist the agency in as the biological opinion when the farming. While Kern Lake is now only eliminating conflicts that may be caused critical habitat is designated, if no a dry lake bed, the unit’s ‘‘Gator Pond’’ by the proposed action. The substantial new information or changes site and wet alkali meadows stand as conservation recommendations in a in the action alter the content of the unique reminders of their biological conference report are advisory. If a opinion (see 50 CFR 402.10(d)). heritage. species is listed or critical habitat is Activities on Federal lands that may A portion of the run-off from the designated, section 7(a)(2) requires affect the shrew or its critical habitat surrounding hills travels through Federal agencies to ensure that activities will require section 7 consultation. underground aquifers, surfacing as they authorize, fund, or carry out are not Activities on private or State lands artesian springs at Gator Pond. The likely to jeopardize the continued requiring a permit from a Federal heavy clay soils support a distinctive existence of such a species or to destroy agency, such as a permit from the U.S. assemblage of native species. An island or adversely modify its critical habitat. Army Corps of Engineers under section of native vegetation situated among a If a Federal action may affect a listed 404 of the Clean Water Act, a section sea of cotton fields, this Unit contains species or its critical habitat, the 10(a)(1)(B) permit from the Service, or three ecologically significant natural responsible Federal agency (action some other Federal action, including communities: Freshwater marsh, alkali agency) must enter into consultation funding (e.g., Federal Highway meadow, and iodine bush scrub. Gator with us. Through this consultation, the Administration or Federal Emergency Pond, in the sanctuary’s eastern quarter, action agency ensures that the permitted Management Agency funding), will also lies near the shoreline of the historic actions do not destroy or adversely continue to be subject to the section 7 consultation process. Federal actions Kern Lake. modify critical habitat. Shrews were discovered at the Kern When we issue a biological opinion not affecting listed species or critical Lake Unit in 1986 near a community of concluding that a project is likely to habitat and actions on non-Federal and saltbushes and saltgrass. In 1988 and result in the destruction or adverse private lands that are not federally 1989, 25 shrews were captured in low- modification of critical habitat, we also funded, authorized, or permitted do not provide reasonable and prudent require section 7 consultation. lying, riparian and/or wetland habitats alternatives to the project, if any are Section 4(b)(8) of the Act requires us with an overstory of cottonwoods and identifiable. ‘‘Reasonable and prudent to briefly evaluate and describe in any willows, abundant ground litter, and alternatives’’ are defined at 50 CFR proposed or final regulation that moist soil (Center for Conservation 402.02 as alternative actions identified designates critical habitat those Biology 1990). during consultation that can be activities involving a Federal action that Effects of Critical Habitat Designation implemented in a manner consistent may destroy or adversely modify such with the intended purpose of the action, habitat, or that may be affected by such Section 7 Consultation that are consistent with the scope of the designation. Activities that may destroy Section 7 of the Act requires Federal Federal agency’s legal authority and or adversely modify critical habitat agencies, including the Service, to jurisdiction, that are economically and include those that appreciably reduce ensure that actions they fund, authorize, technologically feasible, and that the the value of critical habitat to the shrew. or carry out are not likely to destroy or Director believes would avoid We note that such activities may also adversely modify critical habitat. In our destruction or adverse modification of jeopardize the continued existence of regulations at 50 CFR 402.2, we define critical habitat. Reasonable and prudent the species. destruction or adverse modification as alternatives can vary from slight project To properly portray the effects of ‘‘a direct or indirect alteration that modifications to extensive redesign or critical habitat designation, we must appreciably diminishes the value of relocation of the project. Costs first compare the section 7 requirements critical habitat for both the survival and associated with implementing a for actions that may affect critical recovery of a listed species. Such reasonable and prudent alternative are habitat with the requirements for alterations include, but are not limited similarly variable. actions that may affect a listed species. to: Alterations adversely modifying any Regulations at 50 CFR 402.16 require Section 7 prohibits actions funded, of those physical or biological features Federal agencies to reinitiate authorized, or carried out by Federal

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agencies from jeopardizing the action to ensure that their actions do not substantially implement the plan and continued existence of a listed species jeopardize the continued existence of achieve the plan’s goals and objectives). or destroying or adversely modifying the the species. Therefore, we believe that Further, section 4(b)(2) of the Act listed species’ critical habitat. Actions the designation of critical habitat is not states that critical habitat shall be likely to ‘‘jeopardize the continued likely to result in a significant designated, and revised, on the basis of existence’’ of a species are those that regulatory burden above that already in the best available scientific data after would appreciably reduce the place due to the presence of the listed taking into consideration the economic likelihood of the species’ survival and species. Few additional consultations impact, national security impact, and recovery. Actions likely to ‘‘destroy or are likely to be conducted due to the any other relevant impact of specifying adversely modify’’ critical habitat are designation of critical habitat. any particular area as critical habitat. those that would appreciably reduce the An area may be excluded from critical Application of Section 3(5)(A) and value of critical habitat to the listed habitat if it is determined that the 4(a)(3) and Exclusions Under Section species. benefits of exclusion outweigh the Common to both definitions is an 4(b)(2) of the Act benefits of specifying a particular area appreciable detrimental effect on both Section 3(5)(A) of the Act defines as critical habitat, unless the failure to survival and recovery of a listed species. critical habitat as the specific areas designate such area as critical habitat Given the similarity of these definitions, within the geographic area occupied by will result in the extinction of the actions likely to destroy or adversely the species on which are found those species. modify critical habitat would often physical and biological features (i) In our critical habitat designations, we result in jeopardy to the species essential to the conservation of the use the provisions outlined in sections concerned when the area of the species and (ii) which may require 3(5)(A) and 4(b)(2) of the Act to evaluate proposed action is occupied by the special management considerations and those specific areas that we are species concerned. protection. Therefore, areas within the considering proposing to designate as Federal agencies already consult with geographic area occupied by the species critical habitat, as well as for those areas us on activities in areas currently that do not contain the features essential that are formally proposed for occupied by the species to ensure that for the conservation of the species are designation as critical habitat. Lands we have found that do not meet the their actions do not jeopardize the not, by definition, critical habitat. definition of critical habitat under continued existence of the species. Similarly, areas within the geographic section 3(5)(A), or have been excluded These actions include, but are not area occupied by the species that do not pursuant to section 4(b)(2), include limited to: require special management or those covered by the following types of (1) Regulation of activities affecting protection also are not, by definition, plans if they provide assurances that the waters of the United States by the U.S. critical habitat. To determine whether conservation measures they outline will Army Corps of Engineers under section an area requires special management, be implemented and effective: (1) 404 of the Clean Water Act; we first determine if the essential Legally operative HCPs that cover the (2) Regulation of water flows, features located there generally require damming, diversion, and channelization species, (2) draft HCPs that cover the special management to address species and have undergone public by any Federal agency; applicable threats. If those features do (3) Road construction and review and comment (i.e., pending not require special management, or if HCPs), (3) Tribal conservation plans that maintenance, right-of-way designation, they do in general but not for the and regulation funded or permitted by cover the species, (4) State conservation particular area in question because of plans that cover the species, and (5) the Federal Highway Administration; the existence of an adequate (4) Voluntary conservation measures National Wildlife Refuge System management plan or for some other by private landowners funded by the Comprehensive Conservation Plans. reason, then the area does not require Natural Resources Conservation Service; Pursuant to section 4(b)(2) of the Act, (5) Regulation of airport improvement special management. we must consider relevant impacts in activities by the Federal Aviation We consider an existing, current plan addition to economic ones. We Administration; to provide adequate management or determined that the lands within the (6) Licensing of construction of protection if it meets three criteria: (1) designation of critical habitat for the communication sites by the Federal The plan is complete and provides a shrew are not owned or managed by the Communications Commission; and, conservation benefit to the species (i.e., Department of Defense, there are (7) Funding of activities by the U.S. the plan must maintain or provide for currently no habitat conservation plans Environmental Protection Agency, an increase in the species’ population, for the shrew, and the designation does Department of Energy, Federal or the enhancement or restoration of its not include any Tribal lands or trust Emergency Management Agency, habitat within the area covered by the resources. Federal Highway Administration, or any plan); (2) the plan provides assurances The Coles Levee Ecological Preserve other Federal agency. that the conservation management area was covered under a previous HCP; All lands proposed for designation as strategies and actions will be however, the permit has expired (see critical habitat are within the historical implemented (i.e., those responsible for Coles Levee unit 4). In addition the geographic area occupied by the species, implementing the plan are capable of permit did not cover the shrew. The and are likely to be used by the shrew accomplishing the objectives, have an area is currently owned by Aera Energy whether for foraging, breeding, growth implementation schedule, and adequate and serves as a mitigation bank to of juveniles, dispersal, migration, funding for implementing the compensate for take of habitats for listed genetic exchange, or sheltering. We management plan); and (3) the plan upland species. Coles Levee does have consider all lands included in this provides assurances that the a recorded easement; however the designation to be essential to the conservation strategies and measures easement does not provide any means survival of the species. Federal agencies will be effective (i.e., it identifies for protection of the shrew. Should already consult with us on activities in biological goals, has provisions for information become available regarding areas currently occupied by the species monitoring and reporting progress, and the protection of the lands within the or if the species may be affected by the is of a duration sufficient to unit, these lands may be excluded from

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the designation if they meet our criteria section 7 consultation and be evaluated We will consider all comments and identified above for exclusion. for effects to the shrew, the areas on the information received during the The Kern Fan Water Recharge Area Goose Lake unit may be excluded in the comment period on this proposed rule unit (see unit 5) is owned by the City final critical habitat designation during preparation of a final of Bakersfield as a groundwater recharge provided assurances that the rulemaking. Accordingly, the final zone. The unit is adjacent to but not conservation measures for the species decision may differ from this proposal. included within the Kern Water Bank will be implemented and effective. The Habitat Conservation Plan/Natural project includes restoration activities Public Hearings Community Conservation Plan (Kern that are funded through grants under the We will hold a public hearing on Water Bank HCP/NCCP) permit area NAWCA. This project will enhance Thursday, September 30, 2004 at the (Kern Water Bank Authority 1997). The existing sloughs and create new water DoubleTree Hotel, 3100 Camino del Rio Kern Water Bank Authority has delivery conveyance systems to provide Court, Bakersfield, California. The requested an expansion of the permit a more efficient and permanent water public hearing will include two area for the currently approved HCP/ supply to existing wetlands on the two sessions: 1 p.m. until 3 p.m. and 6 p.m. NCCP but the expansion does not properties. until 8 p.m. Registration for the hearings include the proposed critical habitat We anticipate no impact to national will begin at 12:30 p.m. for the area. As a result, the Kern Fan Water security, Tribal lands, partnerships, or afternoon session and at 5:30 p.m. for Recharge Area unit would not be habitat conservation plans from this the evening session. Further information excluded in the final critical habitat critical habitat designation. Based on on the public hearing can be obtained designation unless the current land the best available information, we from our Web site at http:// owners are able to provide assurances believe that all of these units are sacramento.fws.gov, or by contacting the that conservation measures for the essential for the conservation of this Sacramento Fish and Wildlife Office shrew will be implemented and species. We have found no areas for directly (see ADDRESSES section). effective. which the benefits of exclusion An area on the Kern NWR is also outweigh the benefits of inclusion, and Clarity of the Rule included in this proposed designation so have not proposed to exclude any Executive Order 12866 requires each (see units 2a and 2b). The areas from this proposed designation of agency to write regulations and notices Comprehensive Conservation Plan critical habitat for the shrew. However, that are easy to understand. We invite (CCP) for the Kern NWR has not been as noted previously, there are a number your comments on how to make this completed and has not gone through a of pending conservation actions for proposed rule easier to understand, section 7 consultation for activities proposed areas which, if they reach a including answers to questions such as which may affect the shrew. The draft sufficient state of completion, might the following: (1) Are the requirements CCP for the Kern and Pixley NWRs was warrant exclusion from the final in the proposed rule clearly stated? (2) released for public comment June, 2004 designation. Does the proposed rule contain and a final CCP is scheduled for release Economic Analysis technical jargon that interferes with the by October, 2004. Should a final CCP be clarity? (3) Does the format of the approved and the CCP be evaluated for An analysis of the economic impacts proposed rule (grouping and order of effects to the shrew with a finding of no of proposing critical habitat for the the sections, use of headings, effect or not likely to adversely affect, shrew is being prepared. We will paragraphing, and so forth) aid or the areas on the Kern NWR would be announce the availability of the draft reduce its clarity? (4) Is the description excluded in the final critical habitat economic analysis as soon as it is of the notice in the SUPPLEMENTARY designation, provided that there are completed, at which time we will seek INFORMATION section of the preamble adequate assurances that the public review and comment. At that helpful in understanding the proposed conservation measures for the shrew in time, copies of the draft economic rule? (5) What else could we do to make the CCP and the BO for the CCP will be analysis will be available for this proposed rule easier to understand? implemented and effective. downloading from the Internet at http:/ Send a copy of any comments on how Located about 10 miles south of Kern /sacramento.fws.gov, or by contacting we could make this proposed rule easier NWR is the historic lake bed of Goose the Sacramento Fish and Wildlife Office to understand to: Office of Regulatory Lake. The Goose Lake area consists of directly (see ADDRESSES section). Affairs, Department of the Interior, approximately 4,000 ac (1,618 ha) of Room 7229, 1849 C Street, NW., former marshes and wetlands and over Peer Review Washington, DC 20240. You may e-mail 4,000 ac (1,618 ha) of upland In accordance with our joint policy your comments to this address: communities. The proposed Goose Lake published in the Federal Register on [email protected]. unit consists of 2,605 ac (1,054 ha) July 1, 1994 (59 FR 34270), we will seek within this area (see unit 2). Goose Lake the expert opinions of at least three Required Determinations is managed by the Semitropic Water appropriate and independent specialists District as a ground-water recharge regarding this proposed rule. The Regulatory Planning and Review basin. Currently there are no purpose of such review is to ensure that This document has not been reviewed conservation agreements covering this our critical habitat designation is based by the Office of Management and land. However, the Gooselake Holding on scientifically sound data, Budget (OMB), in accordance with Co., in cooperation with DU Inc., assumptions, and analyses. We will Executive Order 12866. OMB makes the Semitropic WSD, and the U.S. Fish and send these peer reviewers copies of this final determination of significance Wildlife Service through the Joint proposed rule immediately following under Executive Order 12866. We are Venture Program is proposing the Goose publication in the Federal Register. We preparing a draft economic analysis of Lake Wetland Project to create and will invite these peer reviewers to this proposed action, which will be restore habitat for waterfowl in the comment, during the public comment available for public comment, to project area. The proposed project has period, on the specific assumptions and determine the economic consequences not completed a section 7 consultation. conclusions regarding the proposed of designating the specific areas as Should the proposed project complete a designation of critical habitat. critical habitat. OMB may review this

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document and the draft economic RFA. Deferring the RFA finding in this Family Support Welfare Services; and analysis, when the latter is available for manner will ensure that the Service Child Support Enforcement.) ‘‘Federal public comment. makes a sufficiently informed private sector mandate’’ includes a Within these areas, the types of determination based on adequate regulation that ‘‘would impose an Federal actions or authorized activities economic information and provides the enforceable duty upon the private that we have identified as potential necessary opportunity for public sector, except (i) a condition of Federal concerns are listed above in the section comment. assistance; or (ii) a duty arising from on section 7 consultations. participation in a voluntary Federal Executive Order 13211 The availability of the draft economic program.’’ analysis will be announced in the On May 18, 2001, the President issued The designation of critical habitat Federal Register and in local an Executive Order (E.O. 13211) on does not impose a legally binding duty newspapers so that it is available for regulations that significantly affect on non-Federal government entities or public review and comments. energy supply, distribution, and use. private parties. Under the Act, the only Executive Order 13211 requires agencies Regulatory Flexibility Act (5 U.S.C. 601 regulatory effect is that Federal agencies to prepare Statements of Energy Effects et seq.) must ensure that their actions do not when undertaking certain actions. This destroy or adversely modify critical Under the Regulatory Flexibility Act proposed rule to designate critical habitat under section 7. While non- (5 U.S.C. 601 et seq., as amended by the habitat for the shrew is not a significant Federal entities who receive Federal Small Business Regulatory Enforcement regulatory action under Executive Order funding, assistance, permits or Fairness Act (SBREFA) of 1996), 12866, and it is not expected to otherwise require approval or whenever an agency is required to significantly affect energy supplies, authorization from a Federal agency for publish a notice of rulemaking for any distribution, or use. Therefore, this an action may be indirectly impacted by proposed or final rule, it must prepare action is not a significant energy action the designation of critical habitat, the and make available for public comment and no Statement of Energy Effects is legally binding duty to avoid a regulatory flexibility analysis that required. destruction or adverse modification of describes the effects of the rule on small critical habitat rests squarely on the entities (i.e., small businesses, small Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) Federal agency. Furthermore, to the organizations, and small government extent that non-Federal entities are jurisdictions). However, no regulatory In accordance with the Unfunded indirectly impacted because they flexibility analysis is required if the Mandates Reform Act (2 U.S.C. 1501), receive Federal assistance or participate head of the agency certifies the rule will the Service makes the following in a voluntary Federal aid program, the not have a significant economic impact findings: Unfunded Mandates Reform Act would on a substantial number of small (a) This rule will not produce a not apply; nor would critical habitat entities. The SBREFA amended the Federal mandate. In general, a Federal shift the costs of the large entitlement Regulatory Flexibility Act (RFA) to mandate is a provision in legislation, programs listed above on to State require Federal agencies to provide a statute or regulation that would impose governments. statement of the factual basis for an enforceable duty upon State, local, (b) We do not believe that this rule certifying that the rule will not have a tribal governments, or the private sector will significantly or uniquely affect significant economic impact on a and includes both ‘‘Federal small governments. A Small substantial number of small entities. intergovernmental mandates’’ and Government Agency Plan is not At this time, the Service lacks the ‘‘Federal private sector mandates.’’ required. There are no state lands in the available economic information These terms are defined in 2 U.S.C. proposed designation. Although city necessary to provide an adequate factual 658(5)–(7). ‘‘Federal intergovernmental and county lands comprise about 58 basis for the required RFA finding. mandate’’ includes a regulation that percent of the total proposed Therefore, the RFA finding is deferred ‘‘would impose an enforceable duty designation, this rule proposes to until completion of the draft economic upon State, local, or tribal governments’’ designate only 2,682 acres on local analysis prepared pursuant to section with two exceptions. It excludes ‘‘a lands. Small governments will not be 4(b)(2) of the ESA and E.O. 12866. This condition of federal assistance.’’ It also affected at all unless they proposed an draft economic analysis will provide the excludes ‘‘a duty arising from action requiring Federal funds, permits required factual basis for the RFA participation in a voluntary Federal or other authorization. Any such finding. Upon completion of the draft program,’’ unless the regulation ‘‘relates activity will require that the involved economic analysis, the Service will to a then-existing Federal program Federal agency ensure that the action is publish a notice of availability of the under which $500,000,000 or more is not likely to adversely modify or destroy draft economic analysis of the proposed provided annually to State, local, and designated critical habitat. However, as designation and reopen the public tribal governments under entitlement discussed above, Federal agencies are comment period for the proposed authority,’’ if the provision would currently required to ensure that such designation for an additional 60 days. ‘‘increase the stringency of conditions of activity is not likely to jeopardize the The Service will include with the notice assistance’’ or ‘‘place caps upon, or species, and no further regulatory of availability, as appropriate, an initial otherwise decrease, the Federal impacts from this proposed designation regulatory flexibility analysis or a Government’s responsibility to provide of critical habitat are anticipated. We certification that the rule will not have funding’’ and the State, local, or tribal will, however, further evaluate this a significant economic impact on a governments ‘‘lack authority’’ to adjust issue as we conduct our economic substantial number of small entities accordingly. (At the time of enactment, analysis and revise this assessment if accompanied by the factual basis for these entitlement programs were: appropriate. that determination. The Service has Medicaid; AFDC work programs; Child concluded that deferring the RFA Nutrition; Food Stamps; Social Services Federalism finding until completion of the draft Block Grants; Vocational Rehabilitation In accordance with Executive Order economic analysis is necessary to meet State Grants; Foster Care, Adoption 13132, the rule does not have significant the purposes and requirements of the Assistance, and Independent Living; federalism effects. A federalism

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assessment is not required. In keeping Paperwork Reduction Act of 1995 (44 have determined that there are no tribal with DOI policy, we requested U.S.C. 3501 et seq.) lands essential for the conservation of information from, and coordinated This rule does not contain any new the shrew. Therefore, proposed development of, this proposed critical collections of information that require designation of critical habitat for the habitat designation with appropriate approval by OMB under the Paperwork shrew has not been designated on Tribal State resource agencies in California. Reduction Act. This rule will not lands. The designation of critical habitat in impose recordkeeping or reporting References Cited areas currently occupied by the shrew requirements on State or local A complete list of all references cited imposes no additional restrictions to governments, individuals, businesses, or in this rulemaking is available upon those currently in place and, therefore, organizations. An agency may not request from the Field Supervisor, has little incremental impact on State conduct or sponsor, and a person is not Sacramento Fish and Wildlife Office and local governments and their required to respond to, a collection of (see ADDRESSES section). activities. The designation may have information unless it displays a some benefit to these governments in currently valid OMB control number. Author(s) that the areas essential to the National Environmental Policy Act The primary author of this package is conservation of the species are more the Sacramento Fish and Wildlife Office It is our position that, outside the clearly defined, and the primary staff. constituent elements of the habitat Tenth Circuit, we do not need to necessary to the survival of the species prepare environmental analyses as List of Subjects in 50 CFR Part 17 are specifically identified. While defined by the NEPA in connection with Endangered and threatened species, making this definition and designating critical habitat under the Exports, Imports, Reporting and record identification does not alter where and Endangered Species Act of 1973, as keeping requirements, Transportation. what federally sponsored activities may amended. We published a notice occur, it may assist these local outlining our reasons for this Proposed Regulation Promulgation governments in long-range planning determination in the Federal Register Accordingly, we propose to amend (rather than waiting for case-by-case on October 25, 1983 (48 FR 49244). This part 17, subchapter B of chapter I, title section 7 consultations to occur). assertion was upheld in the courts of the 50 of the Code of Federal Regulations, Ninth Circuit (Douglas County v. as set forth below: Civil Justice Reform Babbitt, 48 F.3d 1495 (9th Cir. Ore. 1995), cert. denied 116 S. Ct. 698 (1996). PART 17—[AMENDED] In accordance with Executive Order 12988, the Office of the Solicitor has Government-to-Government 1. The authority citation for part 17 determined that the rule does not Relationship With Tribes continues to read as follows: unduly burden the judicial system and In accordance with the President’s Authority: 16 U.S.C. 1361–1407; 16 U.S.C. meets the requirements of sections 3(a) memorandum of April 29, 1994, 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– and 3(b)(2) of the Order. We have ‘‘Government-to-Government Relations 625, 100 Stat. 3500; unless otherwise noted. proposed designating critical habitat in with Native American Tribal 2. In § 17.11(a), revise the entry for accordance with the provisions of the Governments’’ (59 FR 22951), Executive ‘‘Shrew, Buena Vista Lake’’ under Endangered Species Act. This proposed Order 13175, and the Department of the ‘‘MAMMALS’’ to read as follows: rule uses standard property descriptions Interior’s manual at 512 DM 2, we and identifies the primary constituent readily acknowledge our responsibility § 17.11 Endangered and threatened elements within the designated areas to to communicate meaningfully with wildlife. assist the public in understanding the recognized Federal Tribes on a * * * * * habitat needs of the shrew. government-to-government basis. We (h) * * *

Species Vertebrate popu- Historic lation where endan- Status When Critical Special Common name Scientific name range gered or threatened listed habitat rules

MAMMALS

******* Shrew, Buena Vista Sorex ornatus U.S.A. (CA) ...... Entire ...... E 725 17.95(a) NA Lake. relictus.

*******

* * * * * Buena Vista Lake Shrew (Sorex ornatus (i) Riparian or wetland communities 3. In § 17.95, amend paragraph (a)(2) relictus) supporting a complex vegetative by adding an entry for ‘‘Buena Vista structure with a thick cover of leaf litter (1) Critical habitat units are depicted or dense mats of low-lying vegetation; Lake shrew’’ in the same alphabetical for Kern County, California, on the maps order as this species appears in the table and below. (ii) Suitable moisture supplied by a in § 17.11 to read as follows: (2) The primary constituent elements shallow water table, irrigation, or § 17.95 Critical habitat—fish and wildlife. of critical habitat for the Buena Vista proximity to permanent or semi- permanent water; and (a) Mammals. Lake shrew are the habitat components that provide: (iii) A consistent and diverse supply * * * * * of prey.

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(3) Critical habitat does not include containing one or more of the primary were then mapped using Universal existing features and structures, such as constituent elements. Transverse Mercator (UTM) coordinates. (4) Data layers defining map units buildings, aqueducts, airports, roads, (5) Note: Map 1 (index map) follows: and other developed areas not were created on a base of USGS 7.5′ quadrangles, and critical habitat units BILLING CODE 4310–55–U

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BILLING CODE 4310–55–C (6) Unit 1a: Kern National Wildlife (i) From USGS 1:24,000 quadrangle Refuge, Kern County, California. maps Hacienda Ranch, California, and

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Lost Hills NE, California, land bounded 261938, 3955627; 261370, 3955645; 263195, 3956526; 263239, 3956520; by the following UTM 11 NAD 27 returning to 261370, 3955645. 263254, 3956502; 263272, 3956540; coordinates (E, N): 261370, 3955645; (7) Unit 1b: Kern National Wildlife 263296, 3956603; 263334, 3956647; 261384, 3955731; 261457, 3955912; Refuge, Kern County, California. 263384, 3956662; 263423, 3956647; 261502, 3955985; 261534, 3956044; (i) From USGS 1:24,000 quadrangle 263423, 3956674; 263450, 3956703; 261643, 3955967; 261679, 3955949; map Lost Hills NW, California, and Lost 263473, 3956727; 263482, 3956757; 261775, 3955967; 261797, 3955981; Hills NE, California; land bounded by 263467, 3956780; 263467, 3956810; 261784, 3956017; 261779, 3956062; the following UTM 11 NAD 27 263470, 3956831; 263473, 3956854; 261802, 3956149; 261829, 3956249; coordinates (E, N): 263287, 3957189; 263461, 3956860; 263426, 3956866; 261815, 3956326; 261788, 3956417; 263287, 3957174; 263304, 3957163; 263384, 3956869; 263340, 3956902; 261784, 3956621; 261734, 3956675; 263343, 3957160; 263390, 3957139; 263319, 3956949; 263310, 3956976; 261711, 3956716; 261716, 3956762; 263399, 3957115; 263411, 3957100; 263293, 3957006; 263275, 3957020; 261756, 3956784; 261788, 3956825; 263438, 3957086; 263459, 3957050; 263248, 3957041; 263207, 3957047; 261793, 3956862; 261797, 3957157; 263464, 3957023; 263464, 3957003; 263162, 3957056; 263136, 3957080; 261806, 3957170; 261825, 3957175; 263506, 3957003; 263553, 3956997; 263115, 3957136; 263109, 3957171; 263589, 3956964; 263607, 3956929; 263109, 3957195; 263287, 3957189; 261943, 3957120; 261993, 3957107; 263613, 3956887; 263607, 3956834; returning to 263287, 3957189. 262179, 3957093; 262297, 3957089; 263613, 3956801; 263627, 3956748; (8) Unit 1c: Kern National Wildlife 262315, 3957071; 262424, 3956857; 263621, 3956686; 263571, 3956638; Refuge, Kern County, California. 262469, 3956771; 262479, 3956739; 263547, 3956617; 263550, 3956573; (i) From USGS 1:24,000 quadrangle 262479, 3956707; 262465, 3956685; 263539, 3956532; 263500, 3956505; map Lost Hills NW, California, and Lost 262460, 3956671; 262460, 3956644; 263453, 3956490; 263402, 3956502; Hills NE, California; land bounded by 262465, 3956607; 262469, 3956566; 263390, 3956511; 263382, 3956463; the following UTM 11 NAD 27 262479, 3956535; 262465, 3956494; 263364, 3956416; 263328, 3956381; coordinates (E, N): 262564, 3955705; 262451, 3956453; 262447, 3956417; 263287, 3956363; 263236, 3956360; 262575, 3955694; 262592, 3955680; 262447, 3956385; 262460, 3956367; 263207, 3956354; 263180, 3956321; 262623, 3955677; 262864, 3955666; 262488, 3956362; 262519, 3956385; 263147, 3956271; 263097, 3956241; 263540, 3955646; 264029, 3955635; 262551, 3956417; 262598, 3956482; 263053, 3956232; 262988, 3956226; 264946, 3955607; 266049, 3955565; 262561, 3956219; 262543, 3956086; 262931, 3956250; 262878, 3956283; 266680, 3955534; 266700, 3955531; 262536, 3956035; 262456, 3955981; 262822, 3956309; 262786, 3956318; 266714, 3955523; 266714, 3955495; 262429, 3955903; 262397, 3955881; 262745, 3956315; 262688, 3956318; 266588, 3955497; 266243, 3955511; 262347, 3955858; 262320, 3955844; 262662, 3956321; 262650, 3956327; 264214, 3955584; 262687, 3955626; 262265, 3955822; 262224, 3955799; 262674, 3956499; 262715, 3956472; 262572, 3955629; 262528, 3955647; 262197, 3955776; 262202, 3955763; 262748, 3956455; 262783, 3956458; 262530, 3955660; 262533, 3955685; 262220, 3955744; 262256, 3955717; 262816, 3956458; 262854, 3956443; 262536, 3955706; 262564, 3955705; 262288, 3955704; 262383, 3955694; 262899, 3956428; 262961, 3956389; returning to ): 262564, 3955705. 262438, 3955690; 262487, 3955684; 263005, 3956372; 263053, 3956386; (ii) Note: Map 2 (Unit 1a, 1b, and 1c) 262486, 3955677; 262477, 3955610; 263091, 3956431; 263142, 3956484; follows:

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(9) Unit 2: Goose Lake, Kern County, (i) From USGS 1:24,000 quadrangle bounded by the following UTM 11 NAD California. map Semitropic, California, land 27 coordinates (E, N): 269741, 3939122;

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269841, 3939090; 269931, 3939074; 272625, 3935533; 272669, 3935517; 271006, 3935859; 270976, 3935873; 270005, 3939064; 270065, 3939048; 272703, 3935479; 272729, 3935427; 270910, 3935887; 270824, 3935911; 270081, 3939030; 270117, 3939010; 272763, 3935380; 272810, 3935344; 270712, 3935979; 270624, 3936038; 270185, 3938968; 270273, 3938860; 272858, 3935316; 272864, 3935290; 270598, 3936089; 270550, 3936181; 270351, 3938749; 270403, 3938691; 272860, 3935258; 272822, 3935212; 270528, 3936215; 270488, 3936249; 270443, 3938671; 270484, 3938649; 272790, 3935148; 272788, 3935086; 270419, 3936275; 270327, 3936295; 270502, 3938621; 270544, 3938573; 272808, 3935024; 272802, 3934974; 270265, 3936325; 270199, 3936375; 270598, 3938547; 270660, 3938527; 272814, 3934916; 272882, 3934818; 270135, 3936421; 270089, 3936463; 270782, 3938449; 270824, 3938423; 272920, 3934764; 272964, 3934686; 270033, 3936493; 269891, 3936500; 270848, 3938423; 270878, 3938431; 272998, 3934652; 273032, 3934632; 269745, 3936506; 269603, 3936566; 270930, 3938449; 271005, 3938452; 273064, 3934608; 273084, 3934508; 269575, 3936586; 269523, 3936650; 271020, 3938439; 271064, 3938409; 273090, 3934444; 273126, 3934370; 269503, 3936684; 269513, 3936714; 271120, 3938353; 271186, 3938269; 273172, 3934302; 273216, 3934257; 269557, 3936768; 269633, 3936788; 271260, 3938173; 271286, 3938125; 273234, 3934231; 273242, 3934185; 269761, 3936784; 269835, 3936788; 271286, 3938079; 271278, 3938035; 273244, 3934139; 273228, 3934101; 270035, 3936782; 270071, 3936778; 271288, 3937959; 271318, 3937905; 273208, 3934081; 273158, 3934055; 270153, 3936728; 270285, 3936688; 271334, 3937887; 271392, 3937893; 273122, 3934045; 273076, 3934041; 270417, 3936680; 270550, 3936690; 271444, 3937905; 271556, 3937957; 273018, 3934049; 272956, 3934067; 270716, 3936690; 271054, 3936732; 271578, 3937939; 271623, 3937907; 272940, 3934071; 272890, 3934081; 271166, 3936772; 271242, 3936820; 271635, 3937885; 271639, 3937855; 272870, 3934079; 272850, 3934077; 271312, 3936896; 271324, 3936926; 271653, 3937819; 271667, 3937785; 272832, 3934055; 272824, 3934035; 271314, 3936962; 271300, 3937002; 271685, 3937767; 271727, 3937751; 272828, 3933995; 272832, 3933957; 271266, 3937064; 271260, 3937094; 271749, 3937735; 271761, 3937702; 272850, 3933923; 272876, 3933881; 271278, 3937156; 271290, 3937256; 271761, 3937658; 271763, 3937582; 272912, 3933819; 272922, 3933791; 271286, 3937368; 271278, 3937422; 271765, 3937570; 271777, 3937548; 272946, 3933753; 273012, 3933641; 271222, 3937530; 271164, 3937596; 271793, 3937526; 271843, 3937504; 273014, 3933611; 273004, 3933579; 271150, 3937632; 271136, 3937652; 271905, 3937470; 272025, 3937400; 272980, 3933575; 272946, 3933579; 271084, 3937668; 271038, 3937699; 272087, 3937372; 272123, 3937328; 272916, 3933593; 272898, 3933597; 270979, 3937746; 270981, 3937783; 272141, 3937312; 272143, 3937294; 272854, 3933621; 272818, 3933637; 272139, 3937274; 272125, 3937250; 272800, 3933637; 272788, 3933625; 270987, 3937969; 270960, 3938011; 272091, 3937212; 271995, 3937122; 272780, 3933601; 272763, 3933575; 270868, 3938143; 270728, 3938249; 271931, 3937068; 271911, 3937040; 272743, 3933571; 272705, 3933585; 270692, 3938259; 270628, 3938259; 271901, 3937004; 271901, 3936914; 272665, 3933669; 272445, 3933945; 270606, 3938273; 270500, 3938387; 271901, 3936848; 271903, 3936802; 272411, 3933951; 272379, 3933963; 270435, 3938483; 270401, 3938521; 271907, 3936750; 271915, 3936716; 272317, 3933995; 272227, 3934081; 270373, 3938543; 270315, 3938561; 271935, 3936700; 271969, 3936702; 272177, 3934169; 272139, 3934245; 270287, 3938569; 270113, 3938769; 272009, 3936706; 272037, 3936694; 272135, 3934294; 272115, 3934362; 269941, 3938928; 269843, 3938962; 272047, 3936674; 272061, 3936638; 272063, 3934402; 272011, 3934470; 269715, 3939032; 269585, 3939032; 272075, 3936580; 272067, 3936533; 271817, 3934758; 271739, 3934912; 269563, 3939032; 269543, 3939040; 272065, 3936457; 272083, 3936371; 271711, 3935000; 271663, 3935054; 269533, 3939054; 269533, 3939074; 272089, 3936307; 272085, 3936191; 271596, 3935112; 271514, 3935154; 269543, 3939096; 269567, 3939110; 272067, 3936127; 272067, 3936087; 271470, 3935200; 271364, 3935298; 269591, 3939120; 269621, 3939122; 272101, 3936007; 272181, 3935911; 271310, 3935413; 271296, 3935477; 269659, 3939144; 269685, 3939146; 272241, 3935853; 272379, 3935749; 271304, 3935523; 271304, 3935571; 269709, 3939138; 269741, 3939122; 272429, 3935687; 272504, 3935603; 271254, 3935639; 271156, 3935723; returning to 269741, 3939122. 272525, 3935587; 272573, 3935555; 271082, 3935797; 271040, 3935817; (ii) Note: Map 3 (Unit 2) follows:

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(10) Unit 3: Kern Fan Water Recharge (i) From USGS 1:24,000 quadrangle California, land bounded by the Area, Kern County, California. maps Tupman, California, and Stevens, following UTM 11 NAD 27 coordinates

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(E, N): 295516, 3908835; 295279, 3913131; 301885, 3913492; 302639, 3910972; 301270, 3910731; 301149, 3908837; 295290, 3909235; 295839, 3913467; 302689, 3913456; 302875, 3910709; 300352, 3910586; 298760, 3909235; 295839, 3909605; 296123, 3913452; 302953, 3913467; 303501, 3909525; 298405, 3909289; 298306, 3909598; 296123, 3910008; 296939, 3913456; 303499, 3913377; 303346, 3909259; 296918, 3909128; 295881, 3909995; 296945, 3910388; 297306, 3913377; 303182, 3913345; 303096, 3909023; 295832, 3908998; 295780, 3910388; 297306, 3910580; 298301, 3913310; 302950, 3913206; 302850, 3908939; 295750, 3908877; 295710, 3910571; 298305, 3911170; 298614, 3913113; 302800, 3913024; 302782, 3908847; 295653, 3908837; returning to 3911161; 298617, 3911357; 299013, 3912942; 302764, 3912860; 302686, 295516, 3908835. 3911357; 299021, 3911981; 300650, 3912771; 302671, 3912700; 302664, 3911934; 300666, 3912745; 301491, 3912300; 302261, 3912303; 302250, (ii) Note: Map 4 (Unit 3) follows: 3912726; 301496, 3913131; 301878, 3911900; 301850, 3911907; 301827,

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(11) Unit 4: Coles Levee Unit, Kern (i) From USGS 1:24,000 quadrangle Lakebed, California, land bounded by County, California. maps Tupman, and Buena Vista the following UTM 11 NAD 27

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coordinates (E, N): 287308, 3908077; 290244, 3904477; 290234, 3904437; 290113, 3904653; 290087, 3904717; 287165, 3908138; 287172, 3908222; 290242, 3904380; 290275, 3904275; 290060, 3904773; 290050, 3904836; 287285, 3908192; 287341, 3908153; 290324, 3904182; 290376, 3904078; 290030, 3904894; 290008, 3904975; 287414, 3908098; 287610, 3908020; 290418, 3903999; 290467, 3903903; 289979, 3905056; 289927, 3905163; 287614, 3907949; 287624, 3907898; 290499, 3903856; 290545, 3903769; 289868, 3905242; 289805, 3905291; 287631, 3907847; 287668, 3907818; 290575, 3903699; 290601, 3903641; 289745, 3905342; 289684, 3905386; 287716, 3907803; 287779, 3907811; 290624, 3903595; 290673, 3903473; 289617, 3905441; 289518, 3905517; 287843, 3907787; 287915, 3907750; 290708, 3903444; 290705, 3903422; 289397, 3905610; 289269, 3905708; 288008, 3907711; 288058, 3907689; 290695, 3903396; 290733, 3903335; 289176, 3905781; 289124, 3905822; 288114, 3907658; 288160, 3907643; 290771, 3903227; 290793, 3903070; 289088, 3905884; 289068, 3905932; 288138, 3907573; 288150, 3907533; 290795, 3903016; 290802, 3902968; 289055, 3905970; 289036, 3906012; 288182, 3907490; 288229, 3907431; 290815, 3902899; 290812, 3902870; 289029, 3906057; 289016, 3906107; 288272, 3907372; 288298, 3907314; 290794, 3902836; 290778, 3902637; 289006, 3906162; 288994, 3906200; 288284, 3907242; 288348, 3907166; 290775, 3902582; 290802, 3902553; 288973, 3906236; 288940, 3906273; 288396, 3907126; 288453, 3907045; 290785, 3902492; 290764, 3902406; 288835, 3906369; 288791, 3906415; 288530, 3906966; 288583, 3906909; 290768, 3902275; 290782, 3902151; 288729, 3906457; 288672, 3906513; 288667, 3906812; 288705, 3906757; 290776, 3902124; 290744, 3902068; 288656, 3906561; 288651, 3906608; 288744, 3906700; 288796, 3906619; 290668, 3901981; 290608, 3901920; 288641, 3906669; 288619, 3906723; 288848, 3906542; 288901, 3906392; 290572, 3901811; 290459, 3901742; 288598, 3906761; 288545, 3906827; 288938, 3906357; 288998, 3906330; 290454, 3901756; 290386, 3901852; 288415, 3906958; 288351, 3907026; 289020, 3906301; 289045, 3906261; 290407, 3901876; 290507, 3901957; 288255, 3907123; 288204, 3907179; 289081, 3906173; 289115, 3906128; 290601, 3902026; 290671, 3902088; 288155, 3907233; 288109, 3907278; 289131, 3906076; 289119, 3906028; 290699, 3902164; 290699, 3902230; 288080, 3907311; 288060, 3907340; 289135, 3906004; 289165, 3905928; 290693, 3902301; 290694, 3902410; 288028, 3907386; 287992, 3907412; 289197, 3905879; 289271, 3905813; 290690, 3902504; 290694, 3902638; 287960, 3907420; 287893, 3907455; 289358, 3905761; 289389, 3905735; 290701, 3902789; 290711, 3902878; 287829, 3907486; 287774, 3907509; 289480, 3905654; 289597, 3905561; 290722, 3903028; 290722, 3903129; 287709, 3907532; 287645, 3907569; 289758, 3905425; 289910, 3905291; 290696, 3903214; 290677, 3903290; 287613, 3907589; 287570, 3907640; 290046, 3905162; 290070, 3905143; 290619, 3903389; 290577, 3903475; 287558, 3907682; 287537, 3907740; 290115, 3904972; 290125, 3904923; 290495, 3903653; 290439, 3903768; 287491, 3907756; 287471, 3907781; 290185, 3904904; 290200, 3904868; 290401, 3903848; 290347, 3903947; 287449, 3907839; 287435, 3907900; 290206, 3904784; 290205, 3904694; 290298, 3904071; 290224, 3904237; 287419, 3907959; 287365, 3908021; 290207, 3904637; 290218, 3904594; 290169, 3904357; 290152, 3904432; returning to 287308, 3908077. 290234, 3904560; 290251, 3904514; 290141, 3904507; 290139, 3904575; (ii) Note: Map 5 (Unit 4) follows:

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(12) Unit 5: Kern Lake, Kern County, (i) From USGS 1:24,000 quadrangle bounded by the following UTM 11 NAD California. map Coal Oil Canyon, California, land 27 coordinates (E, N): 312996, 3887027;

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312953, 3887034; 312911, 3887047; 313786, 3887267; 313696, 3887224; 313168, 3887157; 313136, 3887152; 312886, 3887054; 312657, 3887298; 313618, 3887189; 313491, 3887139; 313091, 3887112; 313056, 3887072; 313456, 3887299; 313458, 3887806; 313363, 3887112; 313298, 3887107; returning to 312996, 3887027. 313823, 3887799; 313823, 3887314; 313231, 3887112; 313193, 3887142; (ii) Note: Map 6 (Unit 5) follows:

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* * * * * Dated: August 13, 2004. Paul Hoffman, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 04–18988 Filed 8–18–04; 8:45 am] BILLING CODE 4310–55–C

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Notices Federal Register Vol. 69, No. 160

Thursday, August 19, 2004

This section of the FEDERAL REGISTER and academic researchers. In addition, DEPARTMENT OF AGRICULTURE contains documents other than rules or representatives from the Departments of proposed rules that are applicable to the Commerce, Health and Human Services, Animal and Plant Health Inspection public. Notices of hearings and investigations, and State, and the Environmental Service committee meetings, agency decisions and Protection Agency, the Council on rulings, delegations of authority, filing of [Docket 04–058–1] petitions and applications and agency Environmental Quality, and the Office statements of organization and functions are of the United States Trade International Sanitary and examples of documents appearing in this Representative serve as ‘‘ex officio’’ Phytosanitary Standard-Setting section. members. The AC21 at this meeting will Activities continue its work to develop a report examining the impacts of agricultural AGENCY: Animal and Plant Health DEPARTMENT OF AGRICULTURE biotechnology on American agriculture Inspection Service, USDA. and USDA over the next 5 to 10 years, ACTION: Notice and request for Office of the Under Secretary, specifically: to review two draft comments. Research, Education, and Economics; introductory chapters prepared by Notice of the Advisory Committee on USDA staff with input from specific SUMMARY: In accordance with legislation Biotechnology and 21st Century AC21 members; to review the progress implementing the results of the Uruguay Agriculture Meeting of two work groups on developing Round of negotiations under the General report chapters on potential issues to Agreement on Tariffs and Trade, we are AGENCY: Agricultural Research Service, consider and on preparing for the future informing the public of international Agriculture. and to provide guidance to them in their standard-setting activities of the Office ACTION: Notice of meeting. work. The AC21 will also discuss the International des Epizooties, the SUMMARY: In accordance with the progress of a work group drafting a Secretariat of the International Plant Federal Advisory Committee Act, 5 separate report for the committee’s Protection Convention, and the North U.S.C. App. II, the United States consideration on the issue of the American Plant Protection Organization, Department of Agriculture announces a proliferation of traceability and and we are soliciting public comment meeting of the Advisory Committee on mandatory labeling regimes for on the standards to be considered. biotechnology-derived products in other Biotechnology and 21st Century ADDRESSES: You may submit comments countries, the implications of those Agriculture (AC21). by any of the following methods: regimes, and what industry is doing to • DATES: September 13–14, 2004, 8:30 Postal Mail/Commercial Delivery: attempt to address those requirements Please send four copies of your a.m. to 5 p.m. on the first day and 8 a.m. for products shipped to those countries. to 4 p.m. on the second day. Written comment (an original and three copies) Background information regarding the to Docket No. 04–058–1, Regulatory requests to make oral presentations at work of the AC21 will be available on the meeting must be received by the Analysis and Development, PPD, the USDA Web site at http:// APHIS, Station 3C71, 4700 River Road contact person identified herein at least www.usda.gov/agencies/biotech/ three business days before the meeting. Unit 118, Riverdale, MD 20737–1238. ac21.html. On September 13, 2004, if Please state that your comment refers to ADDRESSES: Monticello Ballroom at the time permits, reasonable provision will Docket No. 04–058–1. Wyndham Washington Hotel, 1400 M be made for oral presentations of no • E-mail: Address your comment to Street, NW., Washington, DC 20005. more than five minutes each in [email protected]. Your Requests to make oral presentations at duration. comment must be contained in the body the meeting may be sent to the contact The meeting will be open to the of your message; do not send attached person at USDA, Office of the Deputy public, but space is limited. If you files. Please include your name and Secretary, 202 B Jamie L. Whitten would like to attend the meetings, you address in your message and ‘‘Docket Federal Building, 12th and must register by contacting Ms. Dianne No. 04–058–1’’ on the subject line. Independence Avenues, SW., Harmon at (202) 720–4074, by fax at • Agency Web Site: Go to http:// Washington, DC 20250. (202) 720–3191 or by E-mail at www.aphis.usda.gov/ppd/rad/ [email protected] at least 5 days FOR FURTHER INFORMATION CONTACT: cominst.html for a form you can use to prior to the meeting. Please provide Michael Schechtman, Designated submit an e-mail comment through the your name, title, business affiliation, Federal Official, Office of the Deputy APHIS Web site. address, and telephone and fax numbers Secretary, USDA, Telephone (202) 720– Reading Room: You may read any when you register. If you require a sign 3817; Fax (202) 690–4265; E-mail comments that we receive on this language interpreter or other special [email protected]. docket in our reading room. The reading accommodation due to disability, please SUPPLEMENTARY INFORMATION: The sixth room is located in room 1141 of the indicate those needs at the time of meeting of the AC21 has been scheduled USDA South Building, 14th Street and registration. for September 13–14, 2004. The AC21 Independence Avenue, SW., consists of 18 members representing the Dated: August 10, 2004. Washington, DC. Normal reading room biotechnology industry, the seed Rodney J. Brown, hours are 8 a.m. to 4:30 p.m., Monday industry, international plant genetics Deputy Under Secretary, Research, through Friday, except holidays. To be research, farmers, food manufacturers, Education, and Economics. sure someone is there to help you, commodity processors and shippers, [FR Doc. 04–19030 Filed 8–18–04; 8:45 am] please call (202) 690–2817 before environmental and consumer groups, BILLING CODE 3410–34–P coming.

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Other Information: You may view standards under consideration or agenda for each of these organizations. APHIS documents published in the planned for consideration by the We have described the agenda that each Federal Register and related international standard-setting of these organizations will address at information, including the names of organization; and (2) for each SPS their annual general sessions, including groups and individuals who have standard specified, a description of the standards that may be presented for commented on APHIS dockets, on the consideration or planned consideration adoption or consideration, as well as Internet at http://www.aphis.usda.gov/ of that standard, a statement of whether other initiatives that may be underway ppd/rad/webrepor.html. the United States is participating or at the OIE, IPPC, and NAPPO. FOR FURTHER INFORMATION CONTACT: For plans to participate in the consideration The agendas for these meetings are general information on the topics of that standard, the agenda for U.S. subject to change, and the draft covered in this notice, contact Mr. John participation, if any, and the agency standards identified in this notice may Greifer, Director, Trade Support Team, responsible for representing the United not be sufficiently developed and ready International Services, APHIS, room States with respect to that standard. for adoption as indicated. Also, while it 1132, South Building, 14th Street and International standard’’ is defined in is the intent of the United States to Independence Avenue, SW., 19 U.S.C. 2578b as any standard, support adoption of international Washington, DC 20250; (202) 720–7677. guideline, or recommendation: (1) standards and to participate actively For specific information regarding Adopted by the Codex Alimentarius and fully in their development, it standard-setting activities of the Office Commission (Codex) regarding food should be recognized that the U.S. International des Epizooties, contact Dr. safety; (2) developed under the auspices position on a specific draft standard will Michael David, Chief, Sanitary of the Office International des depend on the acceptability of the final International Standards Team, VS, Epizooties (the World Organization for draft. Given the dynamic and interactive APHIS, 4700 River Road Unit 33, Animal Health, OIE) regarding animal nature of the standard-setting process, health and zoonoses; (3) developed we encourage any persons who are Riverdale, MD 20737–1231; (301) 734– under the auspices of the Secretariat of interested in the most current details 8093. For specific information regarding the International Plant Protection about a specific draft standard or the the standard-setting activities of the Convention (IPPC) in cooperation with U.S. position on a particular standard- International Plant Protection the North American Plant Protection setting issue, or in providing comments Convention or the North American Plant Organization (NAPPO) regarding plant on a specific standard that may be under Protection Organization, contact Mr. health; or (4) established by or development, to contact APHIS. Contact Narcy Klag, Program Director, developed under any other international information is provided at the beginning Phytosanitary Issues Management, PPQ, organization agreed to by the member of this notice under FOR FURTHER APHIS, 4700 River Road Unit 140, countries of the North American Free INFORMATION CONTACT. Riverdale, MD 20737–1236; (301) 734– Trade Agreement (NAFTA) or the OIE Standard-Setting Activities 8469. member countries of the WTO. The SUPPLEMENTARY INFORMATION: President, pursuant to Proclamation No. The OIE was established in Paris, Background 6780 of March 23, 1995 (60 FR 15845), France, in 1924 with the signing of an designated the Secretary of Agriculture international agreement by 28 countries. The World Trade Organization (WTO) as the official responsible for informing It is currently composed of 167 member was established as the common the public of the SPS standard-setting nations, each of which is represented by international institutional framework for activities of Codex, OIE, IPPC, and a delegate who, in most cases, is the governing trade relations among its NAPPO. The United States Department chief veterinary officer of that country. members in matters related to the of Agriculture’s (USDA’s) Food Safety The WTO has recognized the OIE as the Uruguay Round Agreements. The WTO and Inspection Service (FSIS) informs international forum for setting animal is the successor organization to the the public of Codex standard-setting health standards, reporting global General Agreement on Tariffs and activities and USDA’s Animal and Plant animal disease events, and presenting Trade. U.S. membership in the WTO Health Inspection Service (APHIS) guidelines and recommendations on was approved by Congress when it informs the public of OIE, IPPC, and sanitary measures relating to animal enacted the Uruguay Round Agreements NAPPO standard-setting activities. health. Act (Pub. L. 103–465), which was FSIS publishes an annual notice in The OIE facilitates intergovernmental signed into law by the President on the Federal Register to inform the cooperation to prevent the spread of December 8, 1994. The WTO public of SPS standard-setting activities contagious diseases in animals by Agreements, which established the for Codex. Codex was created in 1962 by sharing scientific research among its WTO, entered into force with respect to two United Nations organizations, the members. The major functions of the the United States on January 1, 1995. Food and Agriculture Organization OIE are to collect and disseminate The Uruguay Round Agreements Act (FAO) and the World Health information on the distribution and amended title IV of the Trade Organization. It is the major occurrence of animal diseases and to Agreements Act of 1979 (19 U.S.C. 2531 international organization for ensure that science-based standards et seq.). Section 491 of the Trade encouraging international trade in food govern international trade in animals Agreements Act of 1979, as amended and protecting the health and economic and animal products. The OIE aims to (19 U.S.C. 2578), requires the President interests of consumers. achieve this through the development to designate an agency to be responsible APHIS is responsible for publishing and revision of international standards for informing the public of the sanitary an annual notice of OIE, IPPC, and for diagnostic tests, vaccines, and the and phytosanitary (SPS) standard- NAPPO activities related to safe international trade of animals and setting activities of each international international standards for plant and animal products. standard-setting organization. The animal health and representing the The OIE provides annual reports on designated agency must inform the United States with respect to these the global distribution of animal public by publishing an annual notice standards. Following are descriptions of diseases, recognizes the free status of in the Federal Register that provides the the OIE, IPPC, and NAPPO member countries for certain diseases, following information: (1) The SPS organizations and the standard-setting categorizes animal diseases with respect

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to their international significance, or develop standards for the following Code Commission will revise that publishes bulletins on global disease issues: standard accordingly and present the status, and provides animal disease revised draft for adoption at the General 1. Traceability control guidelines to member countries. Session in May. In the event that a Various OIE commissions and working This would be a new OIE Code country’s concerns regarding a draft groups undertake the development and chapter which is intended to improve standard are not taken into account, that preparation of draft standards, which procedures for identifying animals and country may refuse to support the are then circulated to member countries animal products and monitoring their standard when it comes up for adoption for consultation (review and comment). movements. at the General Session. However, each Draft standards are revised accordingly 2. Aujeszky’s Disease member country is obligated to review, and then presented to the OIE General comment, and make decisions regarding Session, which meets annually every This disease is also known as the adoption of standards strictly on May, for review and adoption. pseudorabies in the United States. The their scientific merits. OIE will convene an ad hoc group to Adoption, as a general rule, is based on Other OIE Topics consensus of the OIE membership. draft surveillance guidelines for the The next OIE General Session is disease. Every year at the General Session, two technical items are presented. For the scheduled for May 21–28, 2005, in 3. Appendix on Bluetongue May 2005 General Session, the Paris, France. Currently, the Associate Surveillance following technical items will be Administrator for APHIS is the official This would be a new OIE appendix presented: U.S. delegate to the OIE. The Associate which is intended to guide countries in 1. The implication of genetic Administrator intends to participate in the surveillance and monitoring of engineering for livestock and the proceedings and will discuss or bluetongue. biotechnology products. comment on APHIS’ position on any 2. Implementation of OIE standards in standard up for adoption. Information 4. Paratuberculosis the framework of the SPS Agreement. about current and past OIE draft Code This would represent a complete The information in this notice chapters may be found on the Internet redrafting of a current OIE Code chapter includes all the information available to at http://www.aphis.usda.gov/vs/ncie/ that has been determined to be us on OIE standards currently under oie/ or by contacting Dr. Michael David outdated. A draft should be available for development or consideration. (see FOR FURTHER INFORMATION CONTACT review within 1 or 2 years. Information on OIE standards is above). available on the Internet at http:// The Process OIE Code Chapters Up for Adoption www.oie.int. Further, a formal agenda These chapters are drafted (or revised) for the next General Session should be Existing Code chapters that may be by either the Code Commission or by ad available to member countries by March revised and new chapters that may be hoc groups composed of technical 2005, and copies will be available to the drafted in preparation for the next experts nominated by the Director public once the agenda is published. For General Session in 2005 include the General of the OIE by virtue of their the most current information on meeting following: subject-area expertise. Once a new times, working groups, and/or meeting 1. Avian Influenza chapter is drafted or an existing one agendas, including information on revised, the chapter is distributed to official U.S. participation in OIE This chapter was recently redrafted, member countries for review and activities, and U.S. positions on however it was not adopted. Country comment. The OIE attempts to provide standards being considered, contact Dr. comments are being considered for a proposed chapters by early September Michael David (see FOR FURTHER second draft that will be up for adoption to allow member countries sufficient INFORMATION CONTACT above). Those in 2005. time for comment. Comments are due by wishing to provide comments on any 2. Bovine Spongiform Encephalopathy mid-November of the same year. The areas of work under the OIE may do so (BSE) draft standard is revised by the OIE at any time by responding to this notice Code Commission on the basis of (see ADDRESSES above) or by providing This chapter is continuously being relevant scientific comments received comments through Dr. Michael David. updated as new and additional from member countries. information becomes available. For the The United States (i.e., USDA/APHIS) IPPC Standard-Setting Activities next General Session, the Code intends to review and, where The IPPC is a multilateral convention Commission will propose a three tier appropriate, comment on all draft adopted in 1952 for the purpose of category under which countries are chapters and revisions once it receives securing common and effective action to placed with respect to BSE. them from the OIE. USDA/APHIS prevent the spread and introduction of pests of plants and plant products and 3. Animal Welfare intends to distribute these drafts to the U.S. livestock and aquaculture to promote appropriate measures for Various ad hoc groups will be industries, veterinary experts in various their control. Under the IPPC, the continuing to draft chapters establishing U.S. academic institutions, and other understanding of plant protection has international standards for the interested persons for review and been, and continues to be, broad, transportation of livestock. The chapters comment. Additional information encompassing the protection of both should be available for comment and regarding these draft standards may be cultivated and noncultivated plants review in the fall of 2004. obtained by contacting Dr. Michael from direct or indirect injury by plant David (see FOR FURTHER INFORMATION pests. Activities addressed by the IPPC Code Commission Future Work Program CONTACT above). include the development and During the next few years, the OIE Generally, if a country has concerns establishment of international plant Code Commission is expected to with a particular draft standard, and health standards, the harmonization of address the following issues or establish supports those concerns with sound phytosanitary activities through ad hoc groups of experts to update and/ technical information, the pertinent OIE emerging standards, the facilitation of

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the exchange of official and scientific individual countries, but are more efforts to reach a consensus have been information among countries, and the commonly submitted by regional plant exhausted may a decision on a standard furnishing of technical assistance to protection organizations (RPPOs). be passed by a vote of two-thirds of developing countries that are signatories Alternately, the Secretariat can propose delegates present and voting. to the IPPC. a new standard or amendments to Technical experts from the United The IPPC is placed under the existing standards. States have participated directly in authority of the FAO, and the members Step 2: A summary of proposals is working groups and indirectly as of the Secretariat of the IPPC are submitted by the Secretariat to the reviewers of all IPPC draft standards. In appointed by the FAO. The IPPC is ICPM. The ICPM identifies the topics addition, documents and positions implemented by national plant and priorities for standard setting from developed by APHIS and NAPPO have protection organizations in cooperation among the proposals submitted to the been sources of significant input for with regional plant protection Secretariat and others that may be raised many of the standards adopted to date. organizations, the Interim Commission by the ICPM. This notice describes each of the IPPC on Phytosanitary Measures (ICPM), and Step 3: Specifications for the standards currently under consideration the Secretariat of the IPPC. The United standards identified as priorities by the or up for adoption. The full text of each States plays a major role in all standard- ICPM are drafted by the Secretariat. The standard will be available on the setting activities under the IPPC and has draft specifications are submitted to the Internet at http://www.aphis.gov/ppq/ representation on FAO’s highest Standards Committee for approval/ pim/standards/. Interested individuals governing body, the FAO Conference. amendment and are subsequently made may review the standards posted on this The United States became a available to members and RPPOs for Web site and submit comments via the contracting party to the IPPC in 1972 comment (60 days). Comments are Web site. and has been actively involved in submitted in writing to the Secretariat. The next ICPM meeting is scheduled furthering the work of the IPPC ever Taking into account the comments, the for April 4–April 8, 2005, at FAO since. The IPPC was amended in 1979, Standards Committee finalizes the Headquarters in Rome, Italy. The and the amended version entered into specifications. Deputy Administrator for APHIS’ PPQ force in 1991 after two-thirds of the Step 4: The standard is drafted or contracting countries accepted the revised in accordance with the program is the U.S. delegate to the amendment. More recently, in 1997, specifications by a working group ICPM. The Deputy Administrator contracting parties completed designated by the Standards Committee. intends to participate in the proceedings negotiations on further amendments The resulting draft standard is and will discuss or comment on APHIS’ that were approved by the FAO submitted to the Standards Committee position on any standards up for Conference and submitted to the parties for review. adoption. The provisional agenda for for acceptance. This 1997 amendment Step 5: Draft standards approved by the Seventh Session of the Interim updated phytosanitary concepts and the Standards Committee are distributed Commission on Phytosanitary Measures formalized the standard-setting to members by the Secretariat and is as follows: structure within the IPPC. The 1997 RPPOs for consultation (100 days). 1. Opening of the session. amended version of the IPPC will enter Comments are submitted in writing to 2. Adoption of the agenda. into force on the thirtieth day after two- the Secretariat. Where appropriate, the 3. Report by the chairperson. thirds of the current contracting parties Standards Committee may establish 4. Report by the Secretariat. notify the Director General of FAO of open-ended discussion groups as 5. Standards up for adoption in 2005. their acceptance of the amendment. At forums for further comment. The 6. Items arising from the Sixth Session this date, 56 of the required 85 member Secretariat summarizes the comments of the ICPM (see section below countries have deposited their official and submits them to the Standards entitled ‘‘New Standard Setting letters of acceptance. The U.S. Senate Committee. Initiatives’’ for details). gave its advice and consent to Step 6: Taking into account the 7. Work program for harmonization. acceptance of the newly revised IPPC on comments, the Secretariat, in October 18, 2000. The President cooperation with the Standards 8. Status of the 1997 revised IPPC. submitted the official letter of Committee, revises the draft standard. 9. Other business. acceptance to the FAO Director General The Standards Committee submits the 10. Date and venue of the next meeting. on October 4, 2001. final version to the ICPM for adoption. 11. Adoption of the report. The IPPC has been, and continues to Step 7: The ISPM is established IPPC Standards Up for Adoption in be, administered at the national level by through formal adoption by the ICPM 2005 plant quarantine officials whose according to Rule X of the Rules of primary objective is to safeguard plant Procedure of the ICPM. It is expected that the following resources from injurious pests. In the Step 8: Review of the ISPM is standards will be sufficiently developed United States, the national plant completed by the specified date or such to be considered by the ICPM for protection organization is APHIS’ Plant other date as may be agreed upon by the adoption at its April 2005 meeting. The Protection and Quarantine (PPQ) ICPM. United States, represented by APHIS’ program. The steps for developing a Each member country is represented Deputy Administrator for PPQ, will standard under the revised IPPC are on the ICPM by a single delegate. participate in the consideration of these described below. Although experts and advisers may standards. The U.S. position on each of Step 1: Proposals for a new accompany the delegate to meetings of these issues will be developed prior to international standard for phytosanitary the ICPM, only the delegate (or an the ICPM session and will be based on measures (ISPM) or for the review or authorized alternate) may represent APHIS’ analysis, information from other revision of an existing ISPM are each member country in considering a U.S. Government agencies, and relevant submitted to the Secretariat of the IPPC standard up for approval. Parties scientific information from interested in the form of a discussion paper involved in a vote by the ICPM are to stakeholders. The standards that are accompanied by a topic or draft make every effort to reach agreement on most likely to be considered for standard. Drafts can be submitted by all matters by consensus. Only after all adoption include:

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1. Amendments to ISPM No. 5 (Glossary consignments in transit through their biological control agents and beneficial of Phytosanitary Terms) territories only where such measures are organisms. It lists the related This standard is intended to assist technically justified and necessary to responsibilities of contracting parties, national plant protection organizations prevent the introduction and/or spread national plant protection organizations, and others in the exchange of of pests.’’ This draft standard was importers, and exporters. The standard posted on APHIS’ Web site on June 15, addresses the importation of biological information and with the harmonization 2004, with comments due by September control agents capable of self- of vocabulary used in official 10, 2004. Subsequently this draft will be replication, as well as sterile insects, communication and legislation prepared for ICPM approval at its 7th and beneficial organisms, and includes pertaining to phytosanitary measures. session in April 2005. The United States those packaged or formulated as ISPMs are subject to periodic review (i.e., USDA/APHIS) intends to support commercial products (i.e., and amendment. The last time this adoption of this draft standard. biopesticides). It covers import for standard was amended was 2002. The purposes including research in draft standard includes proposals to 4. Guidelines for Inspection of quarantine facilities and release into the amend 11 definitions, add 9 new Consignments environment. The scope of this standard definitions, and add clarification to 2 This standard describes the does not extend to cover living modified terms in the form of ‘‘agreed procedures for the inspection of organisms (LMOs) or issues related to interpretation statements.’’ This draft consignments of plants, plant products, product registration. This draft standard standard was posted on APHIS’ Web and other regulated articles at import was posted on APHIS’ Web site on June site on June 15, 2004, with comments and export. It is focused on the 15, 2004, with comments due by due by September 10, 2004. determination of compliance with September 10, 2004. Subsequently this Subsequently this draft will be prepared phytosanitary requirements, based on draft will be prepared for ICPM for ICPM approval at its 7th session in visual examination for the detection of approval at its 7th session in April 2005. April 2005. The United States (i.e., pests. Sampling procedures will be The United States (i.e., USDA/APHIS) USDA/APHIS) intends to support covered in a future standard. This draft intends to support adoption of this draft adoption of this draft standard. standard was posted on APHIS’ Web standard. 2. Guidelines on the Concept of site on June 15, 2004, with comments due by September 10, 2004. New Standard-Setting Initiatives, Equivalence of Phytosanitary Measures Including Those in Development and Its Application in International Subsequently this draft will be prepared Trade for ICPM approval at its 7th session in A number of expert working group April 2005. The United States (i.e., meetings or other technical This standard describes the principles USDA/APHIS) intends to support consultations will take place during and requirements that apply to the adoption of this draft standard. 2004 and 2005 on the topics listed concept of equivalence of phytosanitary below. These standard-setting initiatives measures. It also describes a procedure 5. Requirements for the Establishment, are not expected to be completed prior for equivalence determinations in Maintenance, and Verification of Areas to April 2005 and, therefore, will not be international trade. Equivalence is one of Low Pest Prevalence ready for adoption at the 2005 ICPM of the IPPC general principles. It This standard describes the session. Nonetheless, APHIS intends to generally applies to cases where requirements for the establishment, participate actively and fully in each of phytosanitary measures already exist for maintenance, verification, and use of these working groups. The U.S. position a specific pest associated with trade in areas of low pest prevalence for on each of the topics to be addressed by a specific commodity. Equivalence regulated pests. Once established, these these various working groups will be determinations are based on the areas may be used in conjunction with developed prior to these working group specified pest risk and equivalence may other phytosanitary measures as part of meetings and will be based on APHIS’ apply to individual measures, a a systems approach. Such areas are technical analysis, information from combination of measures, or integrated recognized in the IPPC and are other U.S. Government agencies, and measures in a systems approach. This described as ‘‘an area, whether all of a relevant scientific information from draft standard was posted on APHIS’ country, or all or parts of several interested stakeholders. Web site on June 15, 2004, with countries, as identified by the 1. Revision of ISPM No. 2 (Guidelines comments due by September 10, 2004. competent authorities, in which a for Pest Risk Analysis) Subsequently this draft will be prepared specific pest occurs at low levels and for ICPM approval at its 7th session in which is subject to effective This standard was adopted in 1995 April 2005. The United States (i.e., surveillance, control or eradication and is considered a foundation standard USDA/APHIS) intends to support measures.’’ This draft standard was describing the basic framework for adoption of this draft standard. posted on APHIS’ Web site on June 15, conducting a pest risk analysis. This 2004, with comments due by September was before the revision of the IPPC and 3. Guidelines for Consignments in also before many national plant Transit 10, 2004. Subsequently this draft will be prepared for ICPM approval at its 7th protection organizations had experience This standard describes phytosanitary session in April 2005. The United States with pest risk analysis. The subsequent procedures that allow consignments of (i.e., USDA/APHIS) intends to support revision of the IPPC and the rapid regulated articles to pass in transit adoption of this draft standard. advancement of pest risk analysis in through a country under procedures less practice created the need for updating restrictive than those for import and re- 6. Guidelines for the Export, Shipment, the guidance provided by ISPM No. 2. export while appropriately managing Import, and Release of Biological In particular, the standard provides no the phytosanitary risk. This standard Control Agents and Beneficial guidance in certain situations such as provides guidance for countries in Organisms regulated non-quarantine pests, LMOs, adhering to the IPPC, which states that This standard provides guidelines for or biological control agents, and it has ‘‘Contracting parties may apply risk management related to the export, certain key deficiencies such as not measures specified in this Article to shipment import, and release of considering the feasibility of measures

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in risk management. As a result, ICPM 6. Alternatives to Methyl Bromide panels are made up of representatives members agreed on the need to review, This standard will address the need from each member country who have update, and make consistent the original for an alternative to methyl bromide scientific expertise related to the policy concept standard with these more (MB). With restrictions on the use of MB or standard being considered. Proposals contemporary standards. and decreasing availability of MB, drawn up by the individual panels are 2. Efficacy of Phytosanitary Measures alternative strategies for dealing with circulated for review to government and quarantine pests need to be developed. industry officials in Canada, Mexico, This standard will provide guidance and the United States, who may suggest for evaluating the efficacy of 7. Guidelines on Sampling of revisions. In the United States, draft phytosanitary measures. This will be Consignments standards are circulated to industry, significant guidance as the IPPC begins This standard will provide guidelines States, and various government agencies to develop recommendations on for sampling for import, export, for consideration and comment. The acceptable phytosanitary measures for domestic movement, and transit of draft standards are posted on the managing specific pests. A range of consignments. Sampling is an important Internet at http://www.aphis.usda.gov/ supplemental and specific standards component of inspection and a standard ppq/pim/standards/; interested persons could follow (e.g., hot water treatment is needed to provide guidelines in order may submit comments via that Web site. for fruit flies). to adequately and consistently sample Once revisions are made, the proposal is consignments being inspected. The draft sent to the NAPPO working group and 3. Use of Integrated Measures in a standard on guidelines for inspection of Systems Approach for Pest Risk the NAPPO standards panel for consignments only contains basic technical reviews and then to the Management of Citrus Fruit for Citrus information on sampling. However, Canker Executive Committee for final approval, more information and guidance is which is granted by consensus. This standard provides specific required on the principles and statistical aspects of sampling. The annual NAPPO meeting is guidelines for citrus canker risk scheduled for October 18–22, 2004, in management to facilitate the trade of For more detailed information on the above topics, which will be addressed Vancouver, Canada. The NAPPO citrus fruit. At the Fourth Session of the Executive Committee meeting will take ICPM, members agreed on the need to by various working groups established place on October 17, 2004, and a special develop a standard to harmonize the by the ICPM, contact Mr. Narcy Klag session will be held on October 18, approach used by countries in (see FOR FURTHER INFORMATION CONTACT 2004, to solicit comment from industry establishing systems approaches for above). export purposes. APHIS posts draft standards on the groups so that suggestions can be Internet (http://www.aphis.usda.gov/ incorporated into the NAPPO work plan 4. Guidelines for Regulating Potato ppq/pim/standards/) as they become for the 2005 NAPPO year. The Deputy Micropropagation Material and available and provides information Administrator for PPQ is a member of Minitubers in International Trade when comments on standards are due. the NAPPO Executive Committee. The Additional information on IPPC Deputy Administrator intends to This standard describes phytosanitary standards is available on the FAO’s Web participate in the proceedings and will measures to reduce the risks of site at http://www.ippc.int/IPP/En/ discuss or comment on APHIS’ position regulated pests being associated with default.htm. For the most current on any standard up for adoption or any potato micropropagation material and information on official U.S. proposals to develop new standards. minitubers in international trade. participation in IPPC activities, The work plan for 2004 was Internationally, there are large numbers including U.S. positions on standards of pests associated with potato established after the October 2003 being considered, contact Mr. Narcy Annual Meeting in New Orleans, LA. propagative material. Since potato FOR FURTHER INFORMATION Klag (see The Deputy Administrator for PPQ minitubers and micropropagation CONTACT above). participated in establishing this NAPPO material are intended for use in Those wishing to provide comments work plan (see panel assignments vegetative propagation, the risk of on any of the areas of work being below). Below is a summary of current spreading pests is increased. Certain undertaken by the IPPC may do so at panel assignments as they relate to the micropropagation processes can free any time by responding to this notice ongoing development of NAPPO propagative material from pests and (see ADDRESSES above) or by providing therefore can be used as the basis for comments through Mr. Klag. standards. The United States (i.e., importing healthy material. USDA/APHIS) intends to participate Consequently, the export certification of NAPPO Standard-Setting Activities actively and fully in the work of each of such material is important and its basis NAPPO, a regional plant protection these panels. The U.S. position on each may be harmonized. organization created in 1976 under the topic will be guided and informed by the best scientific information available 5. Classification of Commodities by IPPC, coordinates the efforts among on each of these topics. For each of the Phytosanitary Risk Related to Level of Canada, the United States, and Mexico following panels, the United States will Processing and Intended Use to protect their plant resources from the entry, establishment, and spread of consider its position on any draft This standard aims to facilitate trade harmful plant pests, while facilitating standard after it reviews a prepared and increase transparency. It is intra- and inter-regional trade. NAPPO draft. Information regarding the generally acknowledged that the level of conducts its business through panels following NAPPO panel topics, processing and the intended use of and annual meetings held among the assignments, activities, and updates on commodities may result in different three member countries. The NAPPO meeting times and locations may be levels of pest and disease risk. This may Executive Committee charges individual obtained from the NAPPO homepage at result in differences in the application panels with the responsibility for http://www.nappo.org or by contacting of phytosanitary measures, hence the drawing up proposals for NAPPO Mr. Narcy Klag (see FOR FURTHER need for harmonization. positions, policies, and standards. These INFORMATION CONTACT above).

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1. Accreditation Panel new and amended NAPPO standards DATES: Comments must be received in The panel will develop an audit and ensure that comments received writing on or before October 18, 2004, protocol for reviewing compliance with during the country consultation phase to be assured of consideration. the NAPPO laboratory accreditation are incorporated as appropriate, Comments received after that date will standard (RSPM No. 9). They will then organize conference calls and prepare be considered to the extent practicable. use this protocol to audit the programs NAPPO discussion documents for ADDRESSES: Comments concerning this in the three NAPPO countries starting possible use at the IPPC, and promote notice should be addressed to Dr. with the United States. They will review implementation of recently adopted Barbara McDonald, Resource Valuation and update the current NAPPO standards. and Use Research, Forestry Sciences laboratory accreditation standard (RSPM The PPQ Deputy Administrator, as the Laboratory, Forest Service, USDA, 320 No. 9). official U.S. delegate to NAPPO, intends Green Street, Athens, GA 30602–2044. to participate in the adoption of these Comments also may be submitted via 2. Biological Control Panel regional plant health standards, facsimile to (706) 559–4245 or by e-mail This panel will finalize the NAPPO including the work described above, to [email protected]. standard on biological control once they are completed and ready for The public may inspect comments containment facilities. such consideration. received at Forestry Sciences 3. Biotechnology Panel The information in this notice Laboratory, Forest Service, USDA, 320 includes all the information available to Green Street, Athens, Georgia, during This panel will continue to develop a us on NAPPO standards currently under normal business hours. Visitors are NAPPO standard for the review of development or consideration. For encouraged to call ahead to (706) 559– products of biotechnology that focuses updates on meeting times and for 4224 to facilitate entry to the building. on the assessment of the potential to information on the working panels that FOR FURTHER INFORMATION CONTACT: Dr. present a plant pest risk. The final may become available following Barbara McDonald, Resource Valuation module, importation for uses other than publication of this notice, check the and Use Research, at (706) 559–4224. propagation, will be developed. NAPPO Web site on the Internet at Individuals who use 4. Citrus Panel http://www.nappo.org or contact Mr. telecommunication devices for the deaf Narcy Klag (see FOR FURTHER (TDD) may call the Federal Relay The panel will revise the NAPPO INFORMATION CONTACT above). Service (FRS) at 1–800–877–8339 standard ‘‘Guidelines for the Information on official U.S. twenty-four hours a day, every day of Importation of Citrus Propagative participation in NAPPO activities, the year, including holidays. Material into a NAPPO Member including U.S. positions on standards SUPPLEMENTARY INFORMATION: Country’’ (RSPM No. 16) to include being considered, may also be obtained additional pests. Title: Assessing and Extending the from Mr. Klag. Utility of The Natural Inquirer. 5. Fruit Panel Those wishing to provide comments OMB Number: 0596–New. The panel will finalize the on any of the topics being addressed by Expiration Date of Approval: N/A. amendments to the plum pox virus any of the NAPPO panels may do so at Type of Request: New. Abstract: The Office of Management standard (RSPM No. 18), and will any time by responding to this notice and Budget (OMB) created guidelines prepare a new standard entitled (see ADDRESSES above) or by for information quality in accordance ‘‘Guidelines for the International transmitting comments through Mr. with Section 515 of Public Law 106– Movement of Pome and Stone Fruit Klag. 554. That section is known as the Data Trees into a NAPPO Member Country.’’ Done in Washington, DC, this 13th day of August 2004. Quality Act. OMB published guidelines 6. Grapevine Panel Kevin Shea, that require all federal government agencies to create their own agency- The panel will provide direction and Acting Administrator, Animal and Plant support to the Technical Advisory Health Inspection Service. specific guidelines to ensure compliance with the Data Quality Act. Group to include insects and nematodes [FR Doc. 04–19005 Filed 8–18–04; 8:45 am] Hence, the United States Department of in the NAPPO standard for grapevines BILLING CODE 3410–34–P (RSPM No. 15). Agriculture (USDA) created detailed guidelines for the quality of information 7. Potato Panel DEPARTMENT OF AGRICULTURE disseminated by its agencies and offices. The panel will develop an appendix As an agency of the USDA, the Forest to RSPM No. 3 on nematode Forest Service Service is subject to these guidelines. identification and update appendix 5 The USDA guidelines state that the based on the latest molecular Information Collection; Request for USDA ‘‘will strive to ensure and information for PVYn. Comment; Assessing and Extending maximize the quality, objectivity, the Utility of The Natural Inquirer utility, and integrity of the information 8. Propagative Material Panel that its agencies and offices disseminate The panel will review and revise the AGENCY: Forest Service, USDA. to the public.’’ Specifically, the utility ‘‘Concept Paper on Propagative ACTION: Notice. standard provides that agencies and Material’’ and begin the development of offices should assess the usefulness of a NAPPO standard on the importation of SUMMARY: In accordance with the information disseminated to its plants for planting into NAPPO member Paperwork Reduction Act of 1995, the intended users as well as the public. countries. Forest Service is seeking comments Forest Service Research and from all interested individuals and Development (R&D) annually publishes 9. Standards Panel organizations on the new information a science journal for middle and high The panel will continue to provide collection entitled, ‘‘Assessing and school students called The Natural updates on standards for the NAPPO Extending the Utility of The Natural Inquirer. The Natural Inquirer makes newsletter, coordinate the review of Inquirer.’’ Forest Service research accessible and

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interesting to middle and high school utility of The Natural Inquirer DEPARTMENT OF AGRICULTURE students. The distribution for the publication and Web site for educators newest Natural Inquirer, which includes and students. Forest Service both national and international The Forest Service has invested destinations, will be over 500,000. heavily in producing timely, relevant, California Coast Provincial Advisory Formal, non-formal, and informal and credible forest science across a wide Committee educators, as well as the general public, range of natural resource disciplines. AGENCY: Forest Service, USDA. receive this journal through the Forest This information should be readily ACTION: Notice of meeting. Service Conservation Education accessible to the general public, network, federal and state partners, and including non-traditional audiences SUMMARY: The California Coast through The Natural Inquirer Web site. such as students. The Natural Inquirer Provincial Advisory Committee (PAC) The Natural Inquirer provides a new extends the utility of Forest Service will meet on September 15 and 16, benchmark for the utility of Forest research by making it accessible to a 2004, in Ukiah, California. The purpose Service research, as it extends the utility middle school audience. This of the meeting is to conduct annual of the research to an educational information collection will enable the implementation monitoring of two resource meant to increase scientific Forest Service to extend the utility of projects completed in previous years, literacy in middle and high school The Natural Inquirer, increase relating to standards and guidelines in students. accountability regarding federal the Northwest Forest Plan (NWFP). Current evaluation of The Natural information outreach, and provide the DATES: The meeting will be held from 8 Inquirer by its users is not systematic or most useful information possible to the a.m. to 5 p.m., September 15 and 16, scientifically valid and provides only public by gathering feedback on how to 2004. anecdotal information about the utility improve the journal for the use of its ADDRESSES: The meeting will be held in of the Forest Service research being intended audience. presented. The Forest Service, therefore, the field both days, beginning at the Estimate of Annual Burden: 20 needs a systematic and scientifically Bureau of Land Management Office minutes. valid way of assessing the usefulness of Conference Room, 2550 North State St., the journal in accordance with USDA Type of Respondents: Individuals in Ukiah, CA. guidelines for implementing the Data the United States who have ordered The FOR FURTHER INFORMATION CONTACT: Quality Act. Further, such systematic Natural Inquirer. Phebe Brown, Committee Coordinator, assessment should be the basis for Estimated Annual Number of USDA, Mendocino National Forest, 825 extending the utility of information Respondents: 400. N. Humboldt Avenue, Willows, CA dissemination via The Natural Inquirer. Estimated Annual Number of 95988, (530) 934–1137; e-mail Five hundred respondents will be Responses per Respondent: 1. [email protected]. selected using a random sample based Estimated Total Annual Burden on SUPPLEMENTARY INFORMATION: The two on addresses of individuals who have Respondents: 133.33 hours. projects to be monitored are: (1) County ordered The Natural Inquirer Comment is invited on: (1) Whether Line hazardous fuel removal, Bureau of publication within the United States. this collection of information is Land Management project; and (2) Elk They will be asked to respond to necessary for the stated purposes and Mountain fuelbreak, Upper Lake Ranger questions in the following categories: (1) the proper performance of the functions District of the Mendocino National The utility of The Natural Inquirer of the agency, including whether the Forest. The meeting is open to the journal; (2) the utility of The Natural information will have practical or public. Inquirer Web site; (3) suggestions for scientific utility; (2) the accuracy of the improvement of utility of The Natural agency’s estimate of the burden of the Dated: August 13, 2004. Inquirer; and (4) selected demographic collection of information, including the James D. Fenwood, information regarding teaching validity of the methodology and Designated Federal Official. experience. assumptions used; (3) ways to enhance [FR Doc. 04–19033 Filed 8–18–04; 8:45 am] The majority of information will be the quality, utility, and clarity of the BILLING CODE 3410–11–M collected using the Dillman method information to be collected; and (4) through a mail survey instrument. Some ways to minimize the burden of the personal interviews with a small sample collection of information on DEPARTMENT OF AGRICULTURE of educators, and classroom respondents, including the use of Forest Service observations will also be employed to automated, electronic, mechanical, or assess how The Natural Inquirer is used other technological collection in the classroom. A graduate student at Lake Tahoe Basin Federal Advisory techniques or other forms of information Committee the University of Georgia will collect the technology. information. The graduate student will All comments received in response to AGENCY: Forest Service, USDA. contact potential respondents via a this notice, including names and ACTION: Notice of meeting. postcard, then with the survey, follow- addresses when provided, will be a up postcards as necessary, and follow- matter of public record. Comments will SUMMARY: The Lake Tahoe Basin Federal up with a thank you note. A Forest be summarized and included in the Advisory Committee will hold a Service social scientist will supervise submission request for Office of meeting on September 13, 2004, at the the data collection. Management and Budget approval. U.S. Forest Service Office, Emerald Bay A graduate student from the Conference Room, 35 College Drive, University of Georgia and a Forest Dated: August 13, 2004. South Lake Tahoe, CA. This Committee, Service social scientist will analyze and Bov B. Eav, established by the Secretary of evaluate the collected information. The Associate Deputy Chief for Research & Agriculture on December 15, 1998 (64 information collected will be used to Development. FR 2876), is chartered to provide advice increase accountability of Forest Service [FR Doc. 04–19042 Filed 8–18–04; 8:45 am] to the Secretary on implementing the information outreach and to extend the BILLING CODE 3410–11–P terms of the Federal Interagency

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Partnership on the Lake Tahoe Region ADDRESSES: The Davy Crockett National DATES: Comments on this notice must be and other matters raised by the Forest RAC meeting will be held at the received by October 18, 2004 to be Secretary. Davy Crockett Ranger Station located on assured of consideration. DATES: The meeting will be held State Highway 7, approximately one- quarter mile west of FM 227 in Houston ADDRESSES: Comments may be sent to September 13, 2004, beginning at 9 a.m. Ginny McBride, NASS Clearance and ending at 4 p.m. County, Texas. The meeting will begin at 6 p.m. and adjourn at approximately Officer, U.S. Department of Agriculture, ADDRESSES: The meeting will be held at Room 5336 South Building, 1400 the U.S. Forest Service Office, Emerald 9 p.m. A public comment period will be at 8:45 p.m. Independence Avenue SW., Washington Bay Conference Room, 35 College Drive, DC 20250–2024, or FOR FURTHER INFORMATION CONTACT: South Lake Tahoe, CA. [email protected]. FOR FURTHER INFORMATION CONTACT: Raoul Gagne, District Ranger, Davy Maribeth Gustafson or Jeannie Stafford, Crockett National Forest, Rt. 1, Box 55 FOR FURTHER INFORMATION OR COMMENTS Lake Tahoe Basin Management Unit, FS, Kennard, Texas 75847; telephone: CONTACT: Carol House, Associate Forest Service, 35 College Drive, South 936–655–2299 or e-mail at: Administrator, National Agricultural Lake Tahoe, CA 96150, (530) 543–2642. [email protected]. Statistics Service, U.S. Department of SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: The Davy Agriculture, (202) 720–4333. committee will meet jointly with the Crockett National Forest RAC proposes SUPPLEMENTARY INFORMATION: Lake Tahoe Basin Executives projects and funding to the Secretary of Title: 2002 Census of Agriculture. Committee. Items to be covered on the Agriculture under section 203 of the agenda include: (1) Review and Secure Rural Schools and Community Type of Request: Solicitation of recommendations on the Forest Service Self Determination Act of 2000. The Evaluations. FY 2005 Lake Tahoe Restoration Act purpose of the October 12, 2004, Project List; (2) Committee focus for Census Web site: http:// meeting is to review and approve www.nass.usda.gov/census. 2004–2006; (3) Nominations for project proposals to submit to the Forest Committee Chair; and (4) Public Supervisor for National Forests and Abstract: The census of agriculture Comment. All Lake Tahoe Basin Federal Grasslands in Texas. These meetings are conducted every 5 years is the primary Advisory Committee meetings are open open to the public. The public may source of statistics concerning the to the public. Interested citizens are present written comments to the RAC. nation’s agricultural industry and encouraged to attend at the above Each formal RAC meeting will also have provides the only basis of consistent, address. Issues may be brought to the time, as identified above, allocated for comparable data at the county, state and attention of the Committee during the hearing public comments. Depending on national levels. The 2002 Census of open public comment period at the the number of persons wishing to Agriculture covered all agricultural meeting or by filing written statements comment and time available, the time operations in each state, the with the secretary for the Committee for individual oral comments may be Commonwealth of Puerto Rico, Guam, before or after the meeting. Please refer limited. the U.S. Virgin Islands, and the any written comments to the Lake Dated: August 9, 2004. Commonwealth of Northern Mariana Tahoe Basin Management Unit at the Islands which meet the census farm contact address stated above. Raoul W. Gagne, Designated Federal Officer, Davy Crockett definition. Because of the desire to Dated: August 12, 2004. National Forest RAC. improve data collection in the 2007 Mary G. Morgan, [FR Doc. 04–18989 Filed 8–18–04; 8:45 am] Census of Agriculture, we are asking for Acting Forest Supervisor. BILLING CODE 3410–11–M comments and recommendations [FR Doc. 04–18990 Filed 8–18–04; 8:45 am] concerning the most recent data BILLING CODE 3410–11–M collection. DEPARTMENT OF AGRICULTURE Comments: Comments are invited on: (a) Ways to enhance the quality, utility, DEPARTMENT OF AGRICULTURE National Agricultural Statistics Service and clarity of the information collected; Forest Service Notice of Public Information Collection (b) ways to minimize the burden of Evaluation collection of information on those who Notice of Public Meeting, Davy are to respond. Comments may be sent Crockett National Forest Resource AGENCY: National Agricultural Statistics to Ginny McBride, Agency OMB Advisory Committee Service, USDA. Clearance Officer, U.S. Department of AGENCY: Forest Service, Agriculture. ACTION: Notice and request for Agriculture, Room 5330B South Building, 1400 Independence Avenue, ACTION: Notice of meeting. comments. SW., Washington, DC 20250–2024, or SUMMARY: In accordance with the Secure SUMMARY: The National Agricultural [email protected]. Rural Schools and Community Self Statistics Service (NASS) is starting All responses to this notice will Determination Act of 2000 (Pub. L. 106– preparations for the 2007 Census of become a matter of public record. 393) and the Federal Advisory Agriculture. NASS invites the general Committee Act of 1972 (FACA), the U.S. public and other Federal agencies to Signed at Washington, DC, July 2004. Department of Agriculture, Forest comment on the recently released 2002 Carol House, Service, Davy Crockett National Forest census. This notice announces the Associate Administrator. Resource Advisory Committee (RAC) intent of the National Agricultural [FR Doc. 04–19029 Filed 8–18–04; 8:45 am] meeting will meet on October 12, 2004. Statistics Service (NASS) to solicit BILLING CODE 3410–20–P DATES: The Davy Crockett National evaluation of a previous information Forest RAC meeting will be held on collection, the 2002 Census of October 12, 2004. Agriculture.

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DEPARTMENT OF COMMERCE action under Section 305(c) of the England Fishery Management Council; Magnuson Act, provided the public has telephone: (978) 465–0492. National Oceanic and Atmospheric been notified of the Council’s intent to SUPPLEMENTARY INFORMATION: Administration take final action to address the The Committee will discuss Essential Fish [I.D. 081104E] emergency. A copy of the Joint Coral AP/SSC agenda can be obtained by Habitat (EFH) Omnibus Amendment 2 Gulf of Mexico Fishery Management calling (813) 228–2815. issues, including, but not limited to, the Council; Public Meeting review of the draft purpose and need Special Accommodations statement based on the approved goals AGENCY: National Marine Fisheries The meeting is open to the public and and objectives, the draft timeline, Service (NMFS), National Oceanic and is physically accessible to people with Habitat Areas of Particular Concern and Atmospheric Administration (NOAA), disabilities. Requests for sign language Dedicated Habitat Research Areas Commerce. interpretation or other auxiliary aids issues, and thresholds and terms of ACTION: Notice of public meeting. should be directed to the Council office reference for EFH. They will also review (see ADDRESSES) by August 26, 2004. Monkfish Amendment 2/General legal SUMMARY: The Gulf of Mexico Fishery The Gulf of Mexico Fishery guidance requested on deep-sea coral Management Council (Council) will Management Council is 1 of 8 Regional alternatives. Also on the agenda will be convene a joint public meeting of its Fishery Management Councils that were the discussion of Framework 40B to the Coral Scientific and Statistical established by the MSFCMA of 1976, as Northeast Multispecies Fishery Committees (SSC) and its Coral amended. The Gulf of Mexico Fishery Advisory Panel (AP). Management Plan with the possible Management Council prepares fishery development or review of alternatives DATES: The Council’s Coral SSC/AP will management plans and amendments related to EFH. convene from 1 p.m. to 5 p.m. on that are designed to manage fishery Thursday, September 2, 2004. resources to the 200–mile limit in the The committee will discuss the ADDRESSES: The meeting will be at the U.S. Gulf of Mexico. organization of a workshop, co- sponsored by the Marine Protected Area DoubleTree Guest Suites Tampa Bay, Dated: August 13, 2004. (MPA) Center, to assist in the 3050 North Rocky Point Drive West, Alan D. Risenhoover, development of a draft Council MPA Tampa, FL; telephone: 813–888–8800. Acting Director, Office of Sustainable Council address: Gulf of Mexico Fisheries, National Marine Fisheries Service. policy. They will hear presentations on Fishery Management Council, 3018 U.S. an ongoing basis in an effort to increase [FR Doc. E4–1845 Filed 8–18–04; 8:45 am] Highway 301 North, Suite 1000, Tampa, the understanding of habitat and MPA BILLING CODE 3510–22–S FL 33619. related issues. Other business will be FOR FURTHER INFORMATION CONTACT: Dr. discussed at the discretion of the Rick Leard, Deputy Executive Director, DEPARTMENT OF COMMERCE Committee. Gulf of Mexico Fishery Management Although non-emergency issues not Council, 3018 U.S. Highway 301 North, National Oceanic and Atmospheric contained in this agenda may come Suite 1000, Tampa, FL 33619; Administration before this group for discussion, those telephone: 813–228–2815. [I.D. 081104D] issues may not be the subject of formal SUPPLEMENTARY INFORMATION: The Gulf action during this meeting. Action will of Mexico Fishery Management Council New England Fishery Management be restricted to those issues specifically (Council) will jointly convene its Council; Public Meetings listed in this notice and any issues Special Coral Scientific and Statistical AGENCY: National Marine Fisheries arising after publication of this notice Committee (SSC) and Coral Advisory that require emergency action under Panel (AP) to discuss information Service (NMFS), National Oceanic and section 305(c) of the Magnuson-Stevens relevant to the location of coral reef Atmospheric Administration (NOAA), Act, provided the public has been resources in the Gulf of Mexico, Commerce notified of the Council’s intent to take particularly deep coral reefs and any ACTION: Notice of a public meeting. potential impacts from existing or final action to address the emergency. SUMMARY: The New England Fishery reasonably foreseeable fishing activities. Management Council (Council) is Special Accommodations The Joint Coral AP/SSC will also be scheduling a public meeting of its asked to provide recommendations This meeting is physically accessible Habitat Oversight Committee in relative to a Rulemaking Petition to to people with disabilities. Requests for September, 2004. Recommendations Protect Deep-Sea Coral and Sponge sign language interpretation or other from the committee will be brought to Habitat filed with the Secretary of auxiliary aids should be directed to Paul the full Council for formal consideration Commerce by Oceana. J. Howard (see ADDRESSES) at least 5 and action, if appropriate. Although non-emergency issues not days prior to the meeting dates. contained in the agenda may come DATES: The meeting will held on Dated: August 13, 2004. before the Joint Coral AP/SSC for Wednesday, September 8, 2004, at 9:30 discussion, in accordance with the a.m. Alan D. Risenhoover, Magnuson-Stevens Fishery ADDRESSES: The meeting will be held at Acting Director, Office of Sustainable Conservation and Management Act the Sheraton Braintree Hotel, 37 Forbes Fisheries, National Marine Fisheries Service. (Magnuson Act), those issues may not Road, Braintree, MA 02184; telephone: [FR Doc. E4–1844 Filed 8–18–04; 8:45 am] be the subject of formal action during (781) 848–0600. BILLING CODE 3510–22–S this meeting. The Joint Coral AP/SSC Council address: New England actions will be restricted to those issues Fishery Management Council, 50 Water specifically identified in this notice and Street, Newburyport, MA 01950. any issues arising after publication of FOR FURTHER INFORMATION CONTACT: Paul this notice that require emergency J. Howard, Executive Director, New

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DEPARTMENT OF DEFENSE City, Attn: Mrs. Carmen Ferrer, 110 future needs by incorporating new test Vernon Avenue, Panama City, FL 32407; capabilities and increases in tempo and Department of the Navy telephone (850) 234–4146; E–Mail: intensity of RDT&E activities. [email protected]. Alternative 2 also involves an Notice of Intent To Prepare an increase in NSWCPC capabilities over Environmental Impact Statement (EIS) SUPPLEMENTARY INFORMATION: The baseline mission activities. Alternative 2 for Naval Surface Warfare Center NSWCPC currently utilizes the adjacent also uses foreseeable test and training Panama City (NSWCPC) Mission coastal and marine environments to requirements to project needed Activities and Announcement of Public provide naval research, development, capabilities. The principal difference Scoping Meetings test and evaluation (RDT&E) and in- service support for acquisition of between Alternatives 1 and 2 is that AGENCY: Department of the Navy, DOD. various systems. The northern Gulf of Alternative 2 proposes an increase in ACTION: Notice. Mexico military operating areas testing and training tempo 15% greater currently utilized encompasses portions than that proposed in Alternative 1. SUMMARY: Pursuant to Section of the Eglin Gulf Test and Training The no action alternative addresses (102)(2)(c) of the National Range (EGTTR). The adjacent littoral historic and current mission activities Environmental Policy Act (NEPA) of and coastal environments are also (e.g. baseline mission activities or the 1969, as implemented by the Council on currently used to test and evaluate status quo) at the NSWCPC operating Environmental Quality Regulations (40 systems. These sites include St. areas. CFR parts 1500–1508), the Department Andrews Bay, East Bay, West Bay and The EIS will evaluate the potential of the Navy (Navy) announces its intent beaches along the Gulf of Mexico up to environmental effects associated with to prepare an Environmental Impact the mean high water line. The the identified alternatives. The EIS will Statement (EIS) to evaluate the potential environmental consequences associated focus on the following areas: air quality; environmental consequences associated with such support have historically water resources; coastal zone with new and increased Naval Surface been addressed on a test-by-test or management; noise; wildlife, including Warfare Center Panama City (NSWCPC) program-by-program basis. This method threatened and endangered species, mission activities in three military frequently creates time constraints and marine mammals, and migratory birds; operating areas in the northern Gulf of schedule limitations, including delays. fisheries including an analysis of Mexico and in St. Andrews Bay. The proposed action is to improve essential fish habitat, coastal/marine/ Existing and evolving activities include NSWCPC’s capabilities to conduct new benthic communities, and special research, development, testing and and increased mission operations for biological resource areas; socioeconomic evaluation, and in-service engineering DOD and other users within three resources; and cultural resources. The for mine warfare, special warfare, military operating areas in the northern analysis will include an evaluation of amphibious warfare, diving, and other Gulf of Mexico, and in the St. Andrews the direct, indirect, and cumulative naval missions that take place primarily Bay area. impacts. Environmental effects that in the coastal region. These activities The proposed action would enable the occur outside of U.S. territorial waters generally include air, surface, and Navy to successfully meet current and will be evaluated under Executive Order subsurface operations that require the future national and global defense 12114. No decision will be made to use of sonar, lasers, live ordnance, and challenges by developing a robust implement any alternative until the electromagnetic fields. capability to meet littoral and NEPA process is completed. DATES: Public scoping meetings will be expeditionary warfare requirements and The Navy is initiating the scoping held in Panama City, FL; Port St. Joe, by providing RDT&E, and in-service process to identify community concerns FL; and Pensacola, FL, to receive oral engineering for mine warfare, special and local issues that should be and written comments on warfare, amphibious warfare, diving, addressed in the EIS. Federal, state, and environmental concerns that should be and other naval missions that take place local agencies and interested persons addressed in the EIS. The public primarily in the coastal region. This are encouraged to provide oral and/or meeting dates are as follows: allows the Navy to meet its statutory written comments to NSWCPC to 1. Tuesday, September 14, 2004, 6 p.m. mission to deploy world wide naval identify specific issues or topics of to 9 p.m., Panama City, FL. forces equipped and trained to meet environmental concern. The Navy will 2. Wednesday, September 15, 2004, existing and emergent threats, and to consider these comments in from 6 p.m. to 9 p.m., Port St. Joe, FL. enhance its ability to operate jointly determining the scope of the EIS. 3. Thursday, September 16, 2004, 6 p.m. with other components of the armed Written comments on the scope of the to 9 p.m., Pensacola, FL. forces. EIS must be postmarked by October 16, Alternatives to be considered in the ADDRESSES: The public meeting 2004, and should be mailed to: EIS include two action alternatives that locations are as follows: Commanding Officer, Naval Surface address variations in the level and Warfare Center Panama City, Attn: 1. Panama City, FL—Florida State tempo of mission operations plus a no Environmental Team Lead, Mrs. Carmen University, Panama City Campus, action alternative. Additionally, the EIS Ferrer, 110 Vernon Avenue, Panama 4750 Collegiate Drive, Panama City, may also consider other alternatives City, FL 32407–7001; telephone (850) FL 32405. defined during the public scoping 234–4146; E-Mail: 2. Port St. Joe, FL—Port St. Joe High process, if the options meet established [email protected]. School, 100 Shark Drive, Port St. Joe, operational criteria. FL 32456. Alternative 1 involves an increase in Dated: August 16, 2004. 3. Pensacola, FL—Pensacola Junior NSWCPC capabilities over baseline S.K. Melancon, College, Warrington Campus, 5555 mission activities, using foreseeable (e.g. Paralegal Specialist, Office of the Judge West Highway 98, Pensacola, FL over a five year period) test and training Advocate General, Alternate Federal Register 32507. requirements to project needed Liaison Officer. FOR FURTHER INFORMATION CONTACT: capabilities. Alternative 1 would [FR Doc. 04–19045 Filed 8–18–04; 8:45 am] Naval Surface Warfare Center Panama enhance NSWCPC’s ability to meet BILLING CODE 3810–FF–P

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DEPARTMENT OF EDUCATION Dated: August 13, 2004. (TDD) may call the Federal Information Angela C. Arrington, Relay Service (FIRS) at 1–800–877– Notice of Proposed Information Leader, Regulatory Information Management 8339. Collection Requests Group, Office of the Chief Information Officer. [FR Doc. 04–18983 Filed 8–18–04; 8:45 am] Office of Vocational and Adult AGENCY: Department of Education. BILLING CODE 4000–01–P Education SUMMARY: The Leader, Regulatory Type of Review: New. Information Management Group, Office Title: Community Partnerships for DEPARTMENT OF EDUCATION of the Chief Information Officer, invites Adult Learning Website—Customer comments on the proposed information Survey. Submission for OMB Review; collection requests as required by the Frequency: On Occasion. Comment Request Paperwork Reduction Act of 1995. Affected Public: State, Local, or Tribal AGENCY: Department of Education DATES: Interested persons are invited to Gov’t, SEAs or LEAs; Individuals or submit comments on or before October household; Businesses or other for- SUMMARY: The Leader, Regulatory 18, 2004. profit; Not-for-profit institutions. Information Management Group, Office Reporting and Recordkeeping Hour of the Chief Information Officer invites SUPPLEMENTARY INFORMATION: Section Burden: comments on the submission for OMB 3506 of the Paperwork Reduction Act of Responses: 3,000. review as required by the Paperwork Burden Hours: 750. 1995 (44 U.S.C. Chapter 35) requires Reduction Act of 1995. that the Office of Management and Abstract: The U.S. Department of Budget (OMB) provide interested Education’s Office of Vocational and DATES: Interested persons are invited to Federal agencies and the public an early Adult Education established the submit comments on or before Community Partnerships for Adult opportunity to comment on information September 20, 2004. Education (C–PAL) project to facilitate collection requests. OMB may amend or the building of partnerships to improve ADDRESSES: Written comments should waive the requirement for public the quality of adult education in the be addressed to the Office of consultation to the extent that public United States. The project’s Web site Information and Regulatory Affairs, participation in the approval process (http://www.c-pal.net) was launched in Attention: Carolyn Lovett, Desk Officer, would defeat the purpose of the June of 2002 and contains a high-quality Department of Education, Office of information collection, violate State or and broadly representative selection of Management and Budget, 725 17th Federal law, or substantially interfere community building and adult Street, NW., Room 10235, New with any agency’s ability to perform its education resources. The C–PAL project Executive Office Building, Washington, statutory obligations. The Leader, staff is committed to ensuring that the DC 20503 or faxed to (202) 395–6974. Regulatory Information Management Web site continues to meet the ongoing SUPPLEMENTARY INFORMATION: Group, Office of the Chief Information needs of the adult education community Section Officer, publishes that notice containing and that it contains up-to-date 3506 of the Paperwork Reduction Act of proposed information collection information about adult education 1995 (44 U.S.C. Chapter 35) requires requests prior to submission of these programs, practices, and products. To that the Office of Management and requests to OMB. Each proposed this end, we have created and plan to Budget (OMB) provide interested information collection, grouped by post the Community Partnerships for Federal agencies and the public an early office, contains the following: (1) Type Adult Learning Website Customer opportunity to comment on information of review requested, e.g. new, revision, Survey in an effort to compile and collection requests. OMB may amend or extension, existing or reinstatement; (2) respond to user feedback about the Web waive the requirement for public title; (3) summary of the collection; (4) site. consultation to the extent that public description of the need for, and Requests for copies of the proposed participation in the approval process proposed use of, the information; (5) information collection request may be would defeat the purpose of the accessed from http://edicsweb.ed.gov, respondents and frequency of information collection, violate State or by selecting the ‘‘Browse Pending collection; and (6) reporting and/or Federal law, or substantially interfere Collections’’ link and by clicking on with any agency’s ability to perform its recordkeeping burden. OMB invites link number 2604. When you access the public comment. statutory obligations. The Leader, information collection, click on Regulatory Information Management The Department of Education is ‘‘Download Attachments’’ to view. Group, Office of the Chief Information especially interested in public comment Written requests for information should Officer, publishes that notice containing addressing the following issues: (1) Is be addressed to U.S. Department of proposed information collection this collection necessary to the proper Education, 400 Maryland Avenue, SW., requests prior to submission of these Potomac Center, 9th Floor, Washington, functions of the Department; (2) will requests to OMB. Each proposed DC 20202–4700. Requests may also be this information be processed and used information collection, grouped by electronically mailed to the Internet in a timely manner; (3) is the estimate office, contains the following: (1) Type of burden accurate; (4) how might the address [email protected] or faxed to 202–245–6621. Please specify the of review requested, e.g. new, revision, Department enhance the quality, utility, extension, existing or reinstatement; (2) and clarity of the information to be complete title of the information collection when making your request. title; (3) summary of the collection; (4) collected; and (5) how might the description of the need for, and Department minimize the burden of this Comments regarding burden and/or the collection activity requirements proposed use of, the information; (5) collection on the respondents, including should be directed to Sheila Carey at her respondents and frequency of through the use of information e-mail address [email protected]. collection; and (6) reporting and/or technology. Individuals who use a recordkeeping burden. OMB invites telecommunications device for the deaf public comment.

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Dated: August 13, 2004. (Columbia) tendered for filing as part of (866) 208–3676 (toll free). For TTY, call Angela C. Arrington, its FERC Gas Tariff, Second Revised (202) 502–8659. Volume No. 1, Twelfth Revised Sheet Leader, Regulatory Information Management Magalie R. Salas, Group, Office of the Chief Information Officer. No. 395, with a proposed effective date of August 1, 2004. Secretary. Office of Intergovernmental and [FR Doc. E4–1840 Filed 8–18–04; 8:45 am] Columbia states that on July 1, 2004, Interagency Affairs BILLING CODE 6717–01–P it filed revised tariff sheets to eliminate Type of Review: Extension. the Gas Research Institute (GRI) Title: Sign-on Form for Educational surcharge from its rates pursuant to a Partnerships and Family Involvement. DEPARTMENT OF ENERGY January 21, 1998, Stipulation and Frequency: One time. Agreement approved by the Federal Energy Regulatory Affected Public: Not-for-profit Commission. Gas Research Institute, 83 Commission institutions; Businesses or other for- FERC ¶61,093 (1998); order on reh’g, 83 profit; State, Local, or Tribal Gov’t, [Docket No. RP04–373–001] SEAs or LEAs. FERC ¶ 61,331 (1998). On July 28, 2004, Reporting and Recordkeeping Hour the Commission accepted Columbia’s Columbia Gulf Transmission Burden: proposed revised tariff sheets (July 28 Company; Notice of Compliance Filing Order) subject to Columbia making a Responses: 720. August 11, 2004. Burden Hours: 60. tariff sheet revision. Take notice that on August 6, 2004, Abstract: Educational Partnerships Columbia states that it was directed to Columbia Gulf Transmission Company and Family Involvement promotes remove the GRI reference from Section (Columbia Gulf) tendered for filing as educational opportunities for parents 20.2, Apportionment to Discounts, in part of its FERC Gas Tariff, Second and youth and disseminates the General Terms and Conditions of its Revised Volume No. 1, Third Revised publications and relevant information. Tariff. The Commission required that Sheet No. 220, with a proposed effective Requests for copies of the submission Columbia make the revision to the tariff date of August 1, 2004. for OMB review; comment request may sheet within 10 days of the date of Columbia Gulf states that on July 1, be accessed from http:// issuance of the July 28 Order. Columbia 2004, it filed revised tariff sheets to edicsweb.ed.gov, by selecting the states that the revised tariff sheet listed eliminate the Gas Research Institute ‘‘Browse Pending Collections’’ link and above reflects the change required by (GRI) surcharge from its rates pursuant by clicking on link number 2559. When the Commission in the July 28 Order. to a January 21, 1998, Stipulation and you access the information collection, Any person desiring to protest this Agreement approved by the click on ‘‘Download Attachments’’ to filing must file in accordance with Rule Commission. Gas Research Institute, 83 view. Written requests for information 211 of the Commission’s Rules of FERC ¶ 61,093 (1998); order on reh’g, 83 should be addressed to U.S. Department Practice and Procedure (18 CFR FERC ¶ 61,331 (1998). of Education, 400 Maryland Avenue, 385.211). Protests to this filing will be On July 28, 2004, the Commission SW., Potomac Center, 9th Floor, considered by the Commission in accepted Columbia Gulf’s proposed Washington, DC 20202–4700. Requests determining the appropriate action to be revised tariff sheets (July 28 Order) may also be electronically mailed to the _ taken, but will not serve to make subject to Columbia Gulf making a tariff Internet address OCIO [email protected] or protestants parties to the proceeding. sheet revision. Columbia Gulf states that faxed to 202–245–6621. Please specify Such protests must be filed in it was directed to remove the GRI the complete title of the information accordance with the provisions of reference from Section 20.2, collection when making your request. section 154.210 of the Commission’s Apportionment to Discounts, in the Comments regarding burden and/or regulations (18 CFR 154.210). Anyone General Terms and Conditions of its the collection activity requirements filing a protest must serve a copy of that Tariff. The Commission required that should be directed to Katrina Ingalls at document on all the parties to the Columbia Gulf make the revision to the her e-mail address proceeding. tariff sheet within 10 days of the date of [email protected]. Individuals who The Commission encourages issuance of the July 28 Order. Columbia use a telecommunications device for the Gulf states that the revised tariff sheet deaf (TDD) may call the Federal electronic submission of protests in lieu of paper using the ‘‘eFiling’’ link at listed above reflects the change required Information Relay Service (FIRS) at by the Commission in the July 28 Order. http://www.ferc.gov. Persons unable to 1–800–877–8339. Any person desiring to protest this file electronically should submit an filing must file in accordance with Rule [FR Doc. 04–18984 Filed 8–18–04; 8:45 am] original and 14 copies of the protest to 211 of the Commission’s Rules of BILLING CODE 4000–01–P the Federal Energy Regulatory Practice and Procedure (18 CFR Commission, 888 First Street, NE., 385.211). Protests to this filing will be Washington, DC 20426. DEPARTMENT OF ENERGY considered by the Commission in This filing is accessible on-line at determining the appropriate action to be Federal Energy Regulatory http://www.ferc.gov, using the taken, but will not serve to make Commission ‘‘eLibrary’’ link and is available for protestants parties to the proceeding. review in the Commission’s Public Such protests must be filed in [Docket No. RP04–375–001] Reference Room in Washington, DC. accordance with the provisions of Columbia Gas Transmission There is an eSubscription link on the section 154.210 of the Commission’s Corporation; Notice of Compliance Web site that enables subscribers to regulations (18 CFR 154.210). Anyone Filing receive e-mail notification when a filing a protest must serve a copy of that document is added to a subscribed document on all the parties to the August 11, 2004. docket(s). For assistance with any FERC proceeding. Take notice that on August 6, 2004, Online service, please e-mail The Commission encourages Columbia Gas Transmission Corporation [email protected], or call electronic submission of protests in lieu

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of paper using the ‘‘eFiling’’ link at DEPARTMENT OF ENERGY docket(s). For assistance with any FERC http://www.ferc.gov. Persons unable to Online service, please e-mail file electronically should submit an Federal Energy Regulatory [email protected], or call original and 14 copies of the protest to Commission (866) 208–3676 (toll free). For TTY, call the Federal Energy Regulatory [Docket No. RP04–366–001] (202) 502–8659. Commission, 888 First Street, NE., Magalie R. Salas, Washington, DC 20426. Iroquois Gas Transmission System, Secretary. L.P.; Notice of Compliance Filing This filing is accessible on-line at [FR Doc. E4–1838 Filed 8–18–04; 8:45 am] http://www.ferc.gov, using the August 11, 2004. BILLING CODE 6717–01–P ‘‘eLibrary’’ link and is available for Take notice that on August 9, 2004, review in the Commission’s Public Iroquois Gas Transmission System, L.P., Reference Room in Washington, DC. (Iroquois) tendered for filing as part of DEPARTMENT OF ENERGY There is an ‘‘eSubscription’’ link on the its FERC Gas Tariff, First Revised Web site that enables subscribers to Volume No. 1, the following tariff Federal Energy Regulatory receive e-mail notification when a sheets, with an effective date of August Commission document is added to a subscribed 1, 2004: [Docket No. RP04–448–000] docket(s). For assistance with any FERC Online service, please e-mail Sixth Revised Sheet No. 16 Sixth Revised Sheet No. 30 North Baja Pipeline, LLC; Notice of [email protected], or call First Revised Sheet No. 151A Tariff Filing (866) 208-3676 (toll free). For TTY, call (202) 502–8659. In the July 28, 2004 order, the August 11, 2004. Commission accepted Iroquois’ proposal Take notice that, on August 5, 2004, Magalie R. Salas, to revise its tariff to reflect the North Baja Pipeline, LLC (NBP) Secretary. elimination of the Gas Research Institute submitted a compliance filing pursuant [FR Doc. E4–1839 Filed 8–18–04; 8:45 am] (GRI) surcharge from its tariff, effect to Commission order issued on January BILLING CODE 6717–01–P August 1, 2004. In approving Iroquois’ 16, 2002, in Docket Nos. CP01–22–000, request, the Commission noted that et al. Iroquois has failed to remove references NBP states that copies of the filing DEPARTMENT OF ENERGY to the GRI surcharge from Sheets 16, 30 were served on parties on the official and 151A. In accordance with the service list in the above-captioned Federal Energy Regulatory Commission’s directives, Iroquois states proceeding. Commission that it is filing revisions to those tariff Any person desiring to intervene or to sheets in order to eliminate the protest this filing must file in [Docket No. RP04–378–000] references to the GRI surcharge. accordance with Rules 211 and 214 of Any person desiring to protest this the Commission’s Rules of Practice and Gas Technology Institute; Notice of filing must file in accordance with Rule Procedure (18 CFR 385.211 and Extension of Time 211 of the Commission’s Rules of 385.214). Protests will be considered by Practice and Procedure (18 CFR the Commission in determining the August 11, 2004. 385.211). Protests to this filing will be appropriate action to be taken, but will On July 8, 2004, the Commission considered by the Commission in not serve to make protestants parties to issued a Notice of Five-Year Research, determining the appropriate action to be the proceeding. Any person wishing to Development and Demonstration Plan taken, but will not serve to make become a party must file a notice of (Notice) announcing an application for protestants parties to the proceeding. intervention or motion to intervene, as approval of the plan filed on July 1, Such protests must be filed in appropriate. Such notices, motions, or 2004, by the Gas Technology Institute, accordance with the provisions of protests must be filed in accordance in the above-docketed proceeding. On section 154.210 of the Commission’s with the provisions of section 154.210 regulations (18 CFR 154.210). Anyone August 9, 2004, Bruce B. Ellsworth of the Commission’s regulations (18 CFR filing a protest must serve a copy of that 154.210). Anyone filing an intervention (Ellsworth) filed a motion for an document on all the parties to the or protest must serve a copy of that extension of time within which to file proceeding. document on the Applicant. Anyone comments in response to the The Commission encourages filing an intervention or protest on or Commission’s notice. In the motion, electronic submission of protests in lieu before the intervention or protest date Ellsworth states that due to the press of of paper using the ‘‘eFiling’’ link at need not serve motions to intervene or other commitments and the time needed http://www.ferc.gov. Persons unable to protests on persons other than the to request additional supportive file electronically should submit an Applicant. information, an extension of time is original and 14 copies of the protest to The Commission encourages needed to prepare and submit a the Federal Energy Regulatory electronic submission of protests and comment. Commission, 888 First Street, NE., interventions in lieu of paper using the Upon consideration, notice is hereby Washington, DC 20426. eFiling link at http://www.ferc.gov. given that an extension of time for the This filing is accessible on-line at Persons unable to file electronically filing of comments in response to the http://www.ferc.gov, using the should submit an original and 14 copies Commission’s notice is granted to and ‘‘eLibrary’’ link and is available for of the protest or intervention to the includingAugust 23, 2004. review in the Commission’s Public Federal Energy Regulatory Commission, Reference Room in Washington, DC. 888 First Street, NE., Washington, DC Magalie R. Salas, There is an ‘‘eSubscription’’ link on the 20426. Secretary. Web site that enables subscribers to This filing is accessible on-line at [FR Doc. E4–1841 Filed 8–18–04; 8:45 am] receive e-mail notification when a http://www.ferc.gov, using the BILLING CODE 6717–01–P document is added to a subscribed ‘‘eLibrary’’ link and is available for

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review in the Commission’s Public 1085 Morris Ave, Union, NJ 07083 at DEPARTMENT OF ENERGY Reference Room in Washington, DC. (908) 351–7373 or by fax at (908) 352- There is an ‘‘eSubscription’’ link on the 3908. Federal Energy Regulatory Commission Web site that enables subscribers to There are two ways to become receive e-mail notification when a involved in the Commission’s review of [Docket Nos. ER04–539–001, ER04–539– document is added to a subscribed this project. First, any person wishing to 002, and EL04–121–000] docket(s). For assistance with any FERC obtain legal status by becoming a party Online service, please e-mail PJM Interconnection, LLC; Notice of to the proceedings for this project [email protected], or call Initation of Investigation and Refund should, before the comment date of this (866) 208–3676 (toll free). For TTY, call Effective Date (202) 502–8659. notice, file with the Federal Energy Regulatory Commission, 888 First August 11, 2004. Magalie R. Salas, Street, NE., Washington, DC 20426, a On August 10, 2004, the Commission Secretary. motion to intervene in accordance with issued an order in the above-referenced [FR Doc. E4–1842 Filed 8–18–04; 8:45 am] the requirements of the Commission’s dockets initiating an investigation in BILLING CODE 6717–01–P Rules of Practice and Procedure (18 CFR Docket No. EL04–121–000 pursuant to 385.214 or 385.211) and the Regulations section 206 of the Federal Power Act to under the NGA (18 CFR 157.10). A determine whether the existing tariff DEPARTMENT OF ENERGY person obtaining party status will be provision providing for an exemption placed on the service list maintained by from mitigation for generators in Federal Energy Regulatory particular control areas needs to be Commission the Secretary of the Commission and will receive copies of all documents revised in light of the expansions of the [Docket No. CP04-392-000] filed by the applicant and by all other PJM system. parties. A party must submit 14 copies The refund effective date in Docket Penn-Jersey Pipe Line Co. and NUI No. EL04–121–000, established Utilities, Inc. (Elizabethtown Gas of filings made with the Commission and must mail a copy to the applicant pursuant to section 206(b) of the Federal Division); Notice of Application Power Act, will be 60 days following and to every other party in the publication of this notice in the Federal August 11, 2004. proceeding. Only parties to the Register. On August 3, 2004, Penn-Jersey Pipe proceeding can ask for court review of Line Co. (Penn-Jersey) and NUI Utilities, Commission orders in the proceeding. Magalie R. Salas, Inc. (Elizabethtown Gas Division) (NUI) However, a person does not have to Secretary. filed a Joint Application pursuant to intervene in order to have comments [FR Doc. E4–1836 Filed 8–18–04; 8:45 am] sections 7(b) and 7(f) of the Natural Gas considered. The second way to BILLING CODE 6717–01–P Act, as amended, 15 U.S.C. 717f(b) and 717f(f) (2000), and part 157 of the participate is by filing with the Secretary of the Commission, as soon as Commission’s regulations, 18 CFR part DEPARTMENT OF ENERGY 157 (2004), for an order (i) approving possible, an original and two copies of Penn-Jersey’s abandonment of its comments in support of or in opposition Federal Energy Regulatory jurisdictional facilities and service to this project. The Commission will Commission authorized under its part 157 certificate consider these comments in [Project No. 2016–073] of public convenience and necessity; (ii) determining the appropriate action to be granting NUI/Elizabethtown a taken, but the filing of a comment alone City of Tacoma, Washington; Notice determination of a service area within will not serve to make the filer a party Rejecting Request for Rehearing which NUI/Elizabethtown may, without to the proceeding. The Commission’s further Commission authorization, rules require that persons filing August 11, 2004. enlarge or expand its facilities, and (iii) comments in opposition to the project On June 10, 2004, the Director, granting such waivers or other relief as provide copies of their protests only to Division of Hydropower Administration the Commission may deem necessary or the party or parties directly involved in and Compliance, issued an order appropriate, all as more fully set forth the protest. approving a public information management plan filed by Tacoma in the application which is on file with Comments, protests and interventions the Commission. The filing may be also Power pursuant to Article 405 of the may be filed electronically via the viewed on the Web at http:// license for the Cowlitz River Internet in lieu of paper. See 18 CFR www.ferc.gov using the ‘‘e-Library’’ link. Hydroelectric Project No. 2016.1 On July Enter the docket number excluding the 385.2001(a)(1)(iii) and the instructions 13, 2004, Friends of the Cowlitz and last three digits in the docket number on the Commission’s Web site under the CPR–Fish filed a request for rehearing of field to access the document. For ‘‘e-Filing’’ link. that order. assistance, please contact FERC Online Comment Date: September 1, 2004. Pursuant to Section 313(a) of the Support at Federal Power Act, 16 U.S.C. 8251(a), a [email protected] or toll- Magalie Roman Salas, request for rehearing may be filed only free, (866) 208–3676, or for TTY, (202) Secretary. by a party (intervenor) to the 502–8659. [FR Doc. E4–1843 Filed 8–18–04; 8:45 am] proceeding. With regard to a licensee’s Any questions regarding the BILLING CODE 6717–01–P post-licensing compliance filings, the application should be directed to C.R. Commission entertains motions to Carver, President and Treasurer, Penn- intervene only where the filing entails a Jersey Pipe Line Co., 105 Stewart Rd, material change in the plan of project Short Hills, NJ 07078–1923, at (973) development or terms of the license; 379–5342 or by fax at (973) 467–0529 or Mary Patricia Keefe, NUI Utilities, Inc., 1 107 FERC ¶62,225 (2004).

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would adversely affect the rights of a Any person desiring to intervene or to (BCP) electric service provided by the property holder in a manner not protest this filing must file in Western Area Power Administration contemplated by the license; or involves accordance with Rules 211 and 214 of (Western). The Rates will provide an appeal by an agency or entity the Commission’s Rules of Practice and sufficient revenue to pay all annual specifically given a consultation role by Procedure (18 CFR 385.211 and costs, including interest expense, and the license article pursuant to which the 385.214). Protests will be considered by investment repayment within the compliance filing is made.2 None of the Commission in determining the allowable period. these circumstances was present here,3 appropriate action to be taken, but will DATES: The Rates will be effective the and accordingly the Commission did not serve to make protestants parties to first day of the first full billing period not issue notice of, or entertain non- the proceeding. Any person wishing to beginning on or after October 1, 2004. consulted entities’ intervention motions become a party must file a notice of These Rates will stay in effect through concerning, Tacoma Power’s Article 405 intervention or motion to intervene, as September 30, 2005, or until superseded compliance filing.4 In light of this, the appropriate. Such notices, motions, or by other rates. rehearing request filed by Friends of the protests must be filed in accordance FOR FURTHER INFORMATION CONTACT: Mr. Cowlitz and CPR–Fish is rejected. with the provisions of section 154.210 Jack Murray, Rates Team Lead, Desert This notice constitutes final agency of the Commission’s regulations (18 CFR Southwest Customer Service Region, action. Request for rehearing by the 154.210). Anyone filing an intervention Western Area Power Administration, Commission of this rejection notice or protest must serve a copy of that P.O. Box 6457, Phoenix, AZ 85005– must be filed within 30 days of the date document on the Applicant. Anyone 6457, telephone (602) 352–2442, e-mail of issuance of this notice, pursuant to 18 filing an intervention or protest on or [email protected]. CFR 385.713 (2004). before the intervention or protest date SUPPLEMENTARY INFORMATION: The Magalie R. Salas, need not serve motions to intervene or Deputy Secretary of Energy approved protests on persons other than the Secretary. the existing Rate Schedule BCP–F6 for Applicant. BCP electric service on September 18, [FR Doc. E4–1837 Filed 8–18–04; 8:45 am] The Commission encourages BILLING CODE 6717–01–P 2000 (Rate Order No. WAPA–94, 65 FR electronic submission of protests and 60932, October 13, 2000), on an interim interventions in lieu of paper using the basis. Rate Schedule BCP–F6, effective ‘‘eFiling’’ link at http://www.ferc.gov. DEPARTMENT OF ENERGY October 1, 2000, through September 30, Persons unable to file electronically 2005, allows for an annual recalculation Federal Energy Regulatory should submit an original and 14 copies of the rates. On July 31, 2001, the Commission of the protest or intervention to the Federal Energy Regulatory Commission Federal Energy Regulatory Commission, [Docket No. RP04–449–000] (Commission) approved Rate Order No. 888 First Street, NE., Washington, DC WAPA–94 on a final basis. 20426. Trunkline Gas Company, LLC; Notice Under Rate Schedule BCP–F6, the This filing is accessible on-line at existing composite rate, effective on of Proposed Changes in FERC Gas http://www.ferc.gov, using the Tariff October 1, 2003, was 12.91 mills per ‘‘eLibrary’’ link and is available for kilowatthour (mills/kWh), the base August 11, 2004. review in the Commission’s Public charge was $51,719,075, the energy rate Take notice that on August 9, 2004, Reference Room in Washington, DC. was 6.46 mills/kWh, and the capacity Trunkline Gas Company, LLC There is an ‘‘eSubscription’’ link on the rate was $1.17 per kilowattmonth (Trunkline) tendered for filing as part of Web site that enables subscribers to (kWmonth). The newly calculated Rates its FERC Gas Tariff, Third Revised receive e-mail notification when a for BCP electric service, to be effective Volume No. 1, the revised tariff sheets document is added to a subscribed October 1, 2004, will result in an overall listed on Appendix A attached to the docket(s). For assistance with any FERC composite rate of 14.82 mills/kWh. This filing proposed to become effective Online service, please e-mail is an increase of approximately 15 September 10, 2004. [email protected], or call percent when compared with the Trunkline states that this filing is (866) 208–3676 (toll free). For TTY, call existing BCP electric service composite being made to propose generally (202) 502–8659. rate. The increase is due to an increase applicable tariff provisions that offer Magalie R. Salas, in the annual base charge and a decrease contract demand reduction rights under Secretary. in the projected energy sales. The Fiscal specified circumstances. Trunkline also [FR Doc. E4–1835 Filed 8–18–04; 8:45 am] Year (FY) 2005 base charge is increasing states that it proposes to allow shippers BILLING CODE 6717–01–P to $57,654,683. The increase is due to elect from four types of contract mainly to an increase in annual demand reduction options if they meet operation, maintenance, visitor services the eligibility requirements set forth in DEPARTMENT OF ENERGY expenses, and replacement costs. A the tariff. They include (1) regulatory contributing factor to the increases is unbundling; (2) loss of load; (3) plant Western Area Power Administration the additional security costs incurred at outage and (4) buyout. the Hoover Dam. The FY 2005 energy Boulder Canyon Project—Base Charge rate of 7.41 mills/kWh is approximately 2 Kings River Conservation District, 36 FERC and Rates a 15-percent increase from the existing ¶61,365 (1986). In addition, intervention in a relicensing proceeding does not carry over into AGENCY: Western Area Power energy rate of 6.46 mills/kWh. The post-licensing proceedings. See Pacific Gas and Administration, DOE. increase in the energy rate is due to a Electric Company, 40 FERC ¶61,035 (1987). ACTION: Notice of Base Charge and Rates. decrease in the projected energy sales 3 Article 405 gave neither of these entities a resulting from a continuing drop in lake consultation role. See 98 FERC ¶61,274 at 62,110 SUMMARY: The Deputy Secretary of the elevations due to poor hydrology in the (2002). 4 Even if their rehearing requests would have Department of Energy (DOE) has lower Colorado River basin. The FY been entertained, Friends of the Cowlitz and CPR– approved the FY 2005 Base Charge and 2005 capacity rate of $1.39/kWmonth is Fish did not move to intervene in this proceeding. Rates (Rates) for Boulder Canyon Project approximately a 19-percent increase

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from the existing $1.17/kWmonth the BCP Contractors that Hoover Dam, Hoover Dam continue to be critical to capacity rate. The capacity rate is as one of the five national critical improving our security posture and increasing due to decreased generation infrastructures in the Western United improving effectiveness. Hoover Dam ratings resulting from lower lake States, is unable to receive annual has received substantial support for elevations. Another factor that nonreimbursable security funding, security through the appropriation contributes to the increase in the energy which in FY 2005 would total process in the past 2 years. Reclamation and capacity rates is the increase in the approximately $4 million. The BCP is aggressively pursuing appropriations annual base charge due to increasing Contractors stated that if the Federal to complete upgrades to systems and annual costs. Government is unwilling to spread the processes in future years. The following summarizes the steps costs to all beneficiaries of the multi- Comment: An Interested Party stated taken by Western to ensure involvement purpose facility (flood control, river that Reclamation has an obligation to of all interested parties in determining regulation, water storage and irrigation, assess a surcharge associated with the Rates: municipal and industrial uses, incurred security costs similar to those 1. A Federal Register (FR) notice was international treaties, power generation, imposed at airports, Disneyland, and published on February 18, 2004 (69 FR recreation, and environmental entertainment facilities. 7627), announcing the proposed rate mitigation), then the government should Response: Reclamation has no adjustment process, initiating a public assume the obligation to pay for the obligation to assess a surcharge, but will consultation and comment period, increased security costs. One Contractor review this option for possible announcing public information and asked Western to represent its position implementation in the future. public comment forums, and presenting on increased security costs during Visitor Center procedures for public participation. discussions concerning the FY 2005 2. On February 27, 2004, a letter was Energy and Water Appropriations Comment: The Contractors have mailed from Western’s Desert Southwest Development Bill. stressed the importance of Customer Service Region to the BCP Response: Western and Reclamation Reclamation’s efforts to manage the Contractors and other interested parties recognize the concerns the BCP Visitor Center budget. With rising costs, announcing an informal customer Contractors have regarding additional fewer visitors, and reduced revenues meeting and public information and security costs at Hoover Dam. The since the September 11, 2001, terrorist comment forums. decision regarding reimbursement of attack, the BCP Contractors feel the need 3. Discussion of the proposed Rates security costs is based on congressional to find other sources of income. The was initiated at an informal BCP enactment of the annual budget for BCP Contractors claim they were Contractor meeting held March 11, Federal agencies and reflects a decision promised that Reclamation would 2004, in Phoenix, Arizona. At this of reimbursability adopted during the manage the Visitor Center so that informal meeting, representatives from President’s budget formulation process. revenues would offset at least 50 Western and the Bureau of Reclamation The beneficiaries’ reimbursable percent of the capital repayment (Reclamation) explained the basis for obligations in FY 2005 are being requirements so that the Visitor Center estimates used to calculate the Rates determined consistent with Reclamation did not cause high power rate increases. and held a question and answer session. policy and Hoover Dam’s specific Response: Reclamation agreed to 4. At the public information forum authorizations. Western will implement strive for generation of revenues to fund held on March 25, 2004, in Phoenix, any congressional decision to make operation, maintenance, and Arizona, Western and Reclamation these costs nonreimbursable in its rate replacement expenses associated with representatives explained the proposed development and project repayment. the Visitor Facilities, together with Rates for FY 2005 in greater detail and Comment: What happens if the approximately 50 percent of the capital held a question and answer session. Contractors are successful in getting the repayment requirements. Refurbishment 5. A public comment forum held on additional costs declared of the exhibits and ongoing new product April 15, 2004, in Phoenix, Arizona, nonreimbursable in FY 2005? How do development are aimed at bringing gave the public an opportunity to the Contractors get the benefit of this? repeat and new business to the facility. comment for the record. Five persons Response: If the Contractors are Reclamation has received a $538,000 representing the BCP Contractors and successful in obtaining nonreimbursable grant for renovating the old exhibit Interested Parties made oral comments. authority for the additional Hoover building, a $275,000 grant for the canoe 6. Western received three comment security costs, and depending on the launch area, a $545,000 grant for the letters during the 90-day consultation timing, the benefit to the BCP River Mountains Loop pedestrian trail, and comment period. The consultation Contractors would occur at year end and is pursuing other grant and comment period ended May 18, when actual expenses are reconciled opportunities. 2004. All comments were considered in with estimated expenses. Future Budgets developing the Rates for FY 2005. Comment: In Reclamation’s green Written comments were received from: book provided to a House subcommittee Comment: An Interested Party Irrigation & Electrical Districts just a few weeks ago, Hoover Dam was suggested Reclamation postpone every Association of Arizona, Metropolitan among other Reclamation facilities possible replacement in FY 2005 to Water District of Southern California, singled out to pay for security costs. If mitigate the increase in replacement Southern California Edison. Hoover Dam is a national critical costs in the proposed base charge and Comments and responses, infrastructure, why are security costs for rates. They further state that paraphrased for brevity, are presented Hoover Dam not a national obligation, replacements need to be prioritized and below. instead of being treated as reimbursable only those absolutely necessary should in Western’s power rates? be made in FY 2005. Security Costs Response: Reimbursability of security Response: Reclamation agrees and Comment: A number of Contractors costs at Hoover Dam is being supports efforts to mitigate the increase expressed concern about the additional determined consistent with Reclamation in the proposed base charge and rates. security costs that Hoover Dam is policy and Hoover Dam’s specific Reclamation’s effort is demonstrated incurring in FY 2005. It is troubling to authorizations. Security upgrades at and implemented during the annual

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Technical Review Committee (TRC) beginning in FY 1998, Western would 3% annual process. FY 2005 replacement costs have expended approximately Reclamation’s inflation were examined and reviewed during the $806,000.00 more in FY 2003 than the Fiscal year actual O&M rate from program1 FY 1998 TRC process in September 2003, by actual expenditures. FY 2003 actuals Reclamation, Western, and the BCP demonstrates Western’s success in cost Contractors. The FY 2005 Final Ten containment. See table below: 2000 ...... 29,699,462 28,787,305 Year Operating Plan includes the 2001 ...... 34,579,410 29,650,924 increased replacement costs that are 3% annual 2002 ...... 33,567,080 30,540,452 included in the upcoming proposed FY Western’s inflation 2003 ...... 36,507,037 31,456,666 Fiscal year actual O&M rate from 2005 Base Charge and Rates. program FY 1998 1 Includes Operations, Maintenance, Post Comment: A Contractor asked actuals Civil Service Retirement, Administrative & Western to consider deferring principal General Expenses, Extraordinary Operation payments in FY 2005 and the next 1998 ...... $3,814,306 $3,814,306 and Maintenance, Replacements, Visitor couple of years while the replacement 1999 ...... 4,431,417 3,928,735 Services. 2000 ...... 4,606,203 4,046,597 costs are abnormally high. They also Rate Adjustment suggested that Western investigate the 2001 ...... 4,321,965 4,167,995 2002 ...... 4,353,469 4,293,035 Comment: An Interested Party ability to refinance over a longer period 2003 ...... 3,615,829 4,421,826 or find another way to finance future commented that adding the additional security costs to the FY 2005 rate base replacement costs. In addition to ongoing cost Response: Western and Reclamation at this time is premature. He further containment, Western will continue to commented that Western and are open to any discussions with the identify sources that have historically BCP Contractors related to lowering the Reclamation need to face the reality of provided additional revenue to the BCP, the budgeting situation and not raise annual revenue requirement. The which reduces the amount paid by the existing rate methodology is designed to rates until they have some specific BCP Contractors. For FY 1998 through authorization from Congress concerning recover all annual costs including FY 2003 other revenues transferred to principal payments and complies with FY 2005. Since both agencies will be the BCP totaled $5,049,942. See table operating under continuing resolutions Department of Energy Order RA 6120.2, below: Basic Policy for Rate Adjustments. for some time into FY 2005, the rate increase can be planned, but any rate Additionally, the Boulder Canyon Western’s other Project Implementation Agreement Fiscal year revenues trans- increase should be postponed until a (BCPIA) sets forth the expectation that ferred to BCP budget is finally decided upon. the project’s full revenue requirement Response: The BCP Base Charge and will be funded each year, including the 1998 ...... $1,195,321 Rates are determined by using the most principal payments on a ‘‘house type’’ 1999 ...... 1,382,369 current budget projections. The costs are 2000 ...... 1,738,317 all estimated based on historical data levelized debt payment. While there 2001 ...... 238,657 may be some flexibility to defer 2002 ...... 64,318 and inflation. Under Hoover Dam principal payments, Western and 2003 ...... 430,960 legislation, we cannot allow for a Reclamation believe the Contractors deficiency in any given year, nor does must raise this issue to the Engineering In FY 2004, approximately $2 million the existing rate methodology allow for and Operating Committee (E&OC) for in sales of generator-based ancillary delaying annual repayment of the BCP. resolution. Likewise, the BCP services provided by the BCP will be Section 13.12 under the BCPIA requires Contractors must bring up proposals for credited to help reduce the overall an annual rate review to adjust the base alternate methods of financing future revenue requirement. While Western charge either upward or downward replacement costs (i.e., capitalizing does not expect these amounts to annually to assure sufficient revenues to replacements vs. annual expensing) to continue at this magnitude, it illustrates pay all costs and financial obligations the E&OC for review, discussion, and Western’s commitment to minimizing associated with the BCP. Any under- or resolution before implementation by the net revenue requirement. over-collection of revenues is Western. As one customer pointed out, over the recognized at year end when actual Comment: An Interested Party past few years, Reclamation has expenses are reconciled with estimated expressed concern over the effects of the improved unit availability and expenses. It is true that Western has anticipated long-term drought. The BCP dramatically reduced critical items operated under a continuing resolution Contractors are faced with less energy identified in the comprehensive power at times in the past. FY 2005 could be and capacity due to less water storage review. In FY 2004, Reclamation will similar; however, waiting until Western behind Hoover Dam and the falling level have completed two overhauls using receives legislative direction is not of Lake Mead means units are de-rated. roughly the same number of employees justification for postponing an annual He said it is time for a new paradigm on required for one unit due to rate adjustment. financial planning for this Project and improvements in productivity, BCP Electric Service Rates suggested that the BCP Contractors, planning, and scheduling. High costs to Western, and Reclamation take a hard establish reliability should taper off BCP electric service rates are designed look at costs and do some inventive somewhat in the future years. See table to recover an annual revenue thinking about future costs. below: requirement that includes operation and Response: Both Western and maintenance expenses, payments to Reclamation have expended significant 3% annual States, visitor services, uprating effort on keeping costs down and Reclamation’s inflation program, replacements, investment increasing efficiency and productivity, Fiscal year actual O&M rate from repayment, and interest expense. program1 FY 1998 and will continue their ongoing effort to actuals Western’s power repayment study (PRS) manage costs. If a constant 3 percent allocates the projected annual revenue escalation factor used for budgeting was 1998 ...... $27,134,796 $27,134,796 requirement for electric service equally applied to Western’s actual expenses 1999 ...... 28,145,636 27,948,840 between capacity and energy.

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Procedural Requirements Western’s BCP electric service DATES: Comments must be submitted on ratesetting formula set forth in Rate or before October 18, 2004. BCP electric service rates are Order No. WAPA–70 was approved on ADDRESSES: Submit your comments, developed under the Department of April 19, 1996, in Docket No. EF96– referencing docket ID number OA– Energy Organization Act (42 U.S.C. 5091–000 at 75 FERC ¶ 62,050, for the 2004–0005, to EPA online using 7101–7352), through which the power period beginning November 1, 1995, EDOCKET (our preferred method), by e- marketing functions of the Secretary of and ending September 30, 2000. Rate mail to [email protected], or by mail the Interior and the Bureau of Order No. WAPA–94 extended the to: EPA Docket Center, Environmental Reclamation under the Reclamation Act existing ratesetting formula beginning Protection Agency, Office of of 1902 (ch. 1093, 32 Stat. 388), as on October 1, 2000, and ending Environmental Information Docket, Mail amended and supplemented by September 30, 2005. The BCP ratesetting Code 2822T, 1200 Pennsylvania Ave., subsequent enactments, particularly formula includes a base charge, an NW., Washington, DC 20460. section 9(c) of the Reclamation Project energy rate, and a capacity rate. The FOR FURTHER INFORMATION CONTACT: Dr. Act of 1939 (43 U.S.C. 485h(c)), and ratesetting formula was used to Kelly Maguire, Office of Policy, other acts that specifically apply to the determine the BCP FY 2005 Base Charge Economics, and Innovation, National project involved, were transferred to and Rates. Center for Environmental Economics, and vested in the Secretary of Energy, Western proposes the FY 2005 base MC 1809T, Environmental Protection acting by and through Western. charge of $57,654,683, the energy rate of Agency, 1200 Pennsylvania Ave., NW., By Delegation Order No. 00–037.00, 7.41 mills/kWh, and the capacity rate of Washington, DC 20460; telephone effective December 6, 2001, the $1.39/kWmonth be approved on a final number: (202) 566–2273; fax number: Secretary of Energy delegated (1) the basis. (202) 566–2339; e-mail address: authority to develop long-term power Consistent with procedures set forth [email protected]. and transmission rates on a in 10 CFR 903, Western held a SUPPLEMENTARY INFORMATION: nonexclusive basis to Western’s EPA has consultation and comment period. The established a public docket for this ICR Administrator, (2) the authority to notice of the proposed FY 2005 Rates for confirm, approve, and place such rates under Docket ID number OA–2004– electric service was published in the 0005, which is available for public into effect on an interim basis to the Federal Register on February 18, 2004. viewing at the Office of Environmental Deputy Secretary of Energy, and (3) the Following review of Western’s Information Docket in the EPA Docket authority to confirm, approve, and place proposal, I approve the FY 2005 Rates, Center (EPA/DC), EPA West, Room into effect on a final basis, to remand or on a final basis for the BCP electric B102, 1301 Constitution Ave., NW., to disapprove such rates to the service, under Rate Schedule BCP–F6, Washington, DC. The EPA Docket Commission. Existing DOE procedures through September 30, 2005. Center Public Reading Room is open for public participation in electric Dated: August 5, 2004. from 8:30 a.m. to 4:30 p.m., Monday service rate adjustments are located at through Friday, excluding legal 10 CFR 903, effective September 18, Kyle E. McSlarrow, holidays. The telephone number for the 1985 (50 FR 37835). DOE procedures Deputy Secretary. Reading Room is (202) 566–1744, and were followed by Western in developing [FR Doc. 04–19046 Filed 8–18–04; 8:45 am] the telephone number for the Office of the rate formula approved by the BILLING CODE 6450–01–P Environmental Information Docket is Commission on July 31, 2001, at 96 (202) 566–1752. An electronic version of FERC ¶ 61,171. the public docket is available through The Boulder Canyon Project ENVIRONMENTAL PROTECTION EPA Dockets (EDOCKET) at http:// Implementation Agreement Contract No. AGENCY www.epa.gov/edocket. Use EDOCKET to 95–PAO–10616 requires Western, prior obtain a copy of the draft collection of to October 1 of each rate year, to [OA–2004–0005, FRL–7803–1] information, submit or view public determine the annual rates for the next comments, access the index listing of fiscal year. The rates for the first rate Agency Information Collection Activities: Proposed Collection; the contents of the public docket, and to year and each fifth rate year thereafter, access those documents in the public will become effective provisionally Comment Request; Pilot Test of the Pollution and Abatement Costs and docket that are available electronically. upon approval by the Deputy Secretary Once in the system, select ‘‘search,’’ of Energy subject to final approval by Expenditures (PACE) Survey, EPA ICR Number 2158.01 then key in the docket ID number the Commission. For all other rate years, identified above. the rates will become effective on a final AGENCY: Environmental Protection Any comments related to this ICR basis upon approval by the Deputy Agency (EPA). should be submitted to EPA within 60 Secretary of Energy. ACTION: Notice. days of this notice. EPA’s policy is that Western will continue to provide the public comments, whether submitted BCP Contractors annual rates by October SUMMARY: In compliance with the electronically or in paper, will be made 1 of each year using the same ratesetting Paperwork Reduction Act (44 U.S.C. available for public viewing in formula. The rates are reviewed 3501 et seq.), this document announces EDOCKET as EPA receives them and annually and adjusted upward or that EPA is planning to submit a without change, unless the comment downward to assure sufficient revenues proposed Information Collection contains copyrighted material, CBI, or to achieve payment of all costs and Request (ICR) to the Office of other information whose public financial obligations associated with the Management and Budget (OMB). This is disclosure is restricted by statute. When project. Each fiscal year, Western a request for a new collection. Before EPA identifies a comment containing prepares a PRS that updates actual submitting the ICR to OMB for review copyrighted material, EPA will provide revenues and expenses and includes and approval, EPA is soliciting a reference to that material in the future estimates of annual revenues and comments on specific aspects of the version of the comment that is placed in expenses for the BCP including interest proposed information collection as EDOCKET. The entire printed comment, and capitalized costs. described below. including the copyrighted material, will

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be available in the public docket. respond to, a collection of information ENVIRONMENTAL PROTECTION Although identified as an item in the unless it displays a currently valid OMB AGENCY official docket, information claimed as control number. The OMB control [OARM–2004–0001, FRL–7809–9] CBI, or whose disclosure is otherwise numbers for EPA’s regulations in 40 restricted by statute, is not included in CFR are listed in 40 CFR part 9. Agency Information Collection the official public docket, and will not The EPA would like to solicit Activities: Proposed Collection; be available for public viewing in comments to: Comment Request; General EDOCKET. For further information (i) Evaluate whether the proposed Administrative Requirements for about the electronic docket, see EPA’s collection of information is necessary Assistance Programs, EPA ICR Federal Register notice describing the for the proper performance of the Number 0938.09, OMB Control Number electronic docket at 67 FR 38102 (May functions of the Agency, including 2030–0020 31, 2002), or go to http://www.epa.gov./ whether the information will have edocket. AGENCY: Environmental Protection practical utility; Affected entities: Entities potentially Agency (EPA). affected by this action are (ii) Evaluate the accuracy of the ACTION: Notice. manufacturing, mining, and electric Agency’s estimate of the burden of the utility operations. proposed collection of information, SUMMARY: In compliance with the Title: Pilot Test of the Pollution and including the validity of the Paperwork Reduction Act (44 U.S.C. Abatement Costs and Expenditures methodology and assumptions used; 3501 et seq.), this document announces (PACE) Survey. (iii) Enhance the quality, utility, and that EPA is planning to submit a Abstract: The Pollution Abatement clarity of the information to be proposed Information Collection Costs and Expenditures (PACE) Survey collected; and Request (ICR) to the Office of was conducted by the U.S. Bureau of the (iv) Minimize the burden of the Management and Budget (OMB). This is Census annually between 1973 and collection of information on those who a request for a new collection. Before 1994 (excluding 1987) and again in are to respond, including through the submitting the ICR to OMB for review 1999. This pilot test is to evaluate a use of appropriate automated electronic, and approval, EPA is soliciting revised PACE survey instrument which mechanical, or other technological comments on specific aspects of the will be reinstituted in 2006. collection techniques or other forms of proposed information collection as The data from the PACE Survey are information technology, e.g., permitting described below. mainly used by the U.S. Environmental electronic submission of responses. DATES: Comments must be submitted on Protection Agency (EPA) to better satisfy or before October 18, 2004. legislative and executive requirements Burden Statement: The public reporting burden for this collection of ADDRESSES: Submit your comments, to track the costs of regulatory programs referencing docket ID number OARM– and to provide aggregate national information is estimated to average 4.5 hours per response. 2004–0001, to EPA online using statistics on costs and expenditures for EDOCKET (our preferred method), by e- pollution abatement activities. Other Estimated Number of Respondents: 1000. mail to [email protected], or by mail users of these aggregate data include to: EPA Docket Center, Environmental trade associations, manufacturers, Estimated Number of Responses per Protection Agency, Office of marketing and research companies, Respondent: 1. Environmental Information Docket-Mail universities, financial and Estimated Total Annual Burden on Code 2822IT, 1200 Pennsylvania Ave., environmental institutions, other federal Respondents: 4500 hours. NW., Washington, DC 20460. agencies, state and local governments, Burden means the total time, effort, or FOR FURTHER INFORMATION CONTACT: and environmental reporters. financial resources expended by persons Marguerite Pridgen, Office of Grants and This information collection request is to generate, maintain, retain, or disclose Debarment, Mail Code 3903R, to conduct a pilot of the redesigned or provide information to or for a Environmental Protection Agency, 1200 survey instrument being considered for Federal agency. This includes the time Pennsylvania Ave., NW., Washington, use in reinstating the annual PACE needed to review instructions; develop, DC 20460; telephone number: (202) Survey conducted by the Bureau of the acquire, install, and utilize technology 564–5308; fax number: (202) 565–2470; Census. The survey collects information and systems for the purposes of e-mail address: on facility-specific costs and collecting, validating, and verifying [email protected]. expenditures for pollution abatement information, processing and SUPPLEMENTARY INFORMATION: EPA has activities among manufacturing, mining, maintaining information, and disclosing established a public docket for this ICR and electric utility facilities. Pollution and providing information; adjust the under Docket ID number OARM–2004– abatement includes treatment, recycling, existing ways to comply with any 0001, which is available for public waste disposal, pollution prevention, previously applicable instructions and viewing at the Office of Environmental and other pollution management requirements; train personnel to be able Information Docket in the EPA Docket activities such as monitoring and testing to respond to a collection of Center (EPA/DC), EPA West, Room and record-keeping and reporting. information; search data sources; B102, 1301 Constitution Ave., NW., Participation in the pilot test of the complete and review the collection of Washington, DC. The EPA Docket PACE survey will be voluntary. The information; and transmit or otherwise Center Public Reading Room is open findings from the pilot test will be used disclose the information. to develop the final version of the from 8:30 a.m. to 4:30 p.m., Monday survey that will be required by law Dated: August 5, 2004. through Friday, excluding legal (Title 13, U.S. Code). The survey Al McGartland, holidays. The telephone number for the responses from the pilot test will only Director, National Center for Environmental Reading Room is (202) 566–1744, and be used to validate the redesigned Economics, Office of Policy, Economics, and the telephone number for the Office of survey instrument. Innovation. Environmental Information Docket is An agency may not conduct or [FR Doc. 04–19048 Filed 8–18–04; 8:45 am] (202) 566–1752. An electronic version of sponsor, and a person is not required to BILLING CODE 6560–50–P the public docket is available through

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EPA Dockets (EDOCKET) at http:// time unless administrative management management, property management, www.epa.gov/edocket. Use EDOCKET to issues arise before the certification procurement standards and financial obtain a copy of the draft collection of period has ended. This Notice invites reporting and record-keeping. information, submit or view public comments on the proposed data As part of its pre-award procedures, comments, access the index listing of collection effort. EPA is considering whether to collect the contents of the public docket, and to In applying for a non-construction, information on programmatic capability access those documents in the public discretionary grant from EPA, each from non-profit organizations that apply docket that are available electronically. applicant is currently required to for non-competitive grants. For Once in the system, select ‘‘search,’’ complete and submit Standard Form purposes of this Notice, EPA uses the then key in the docket ID number (SF) series forms SF 424, SF 424A, and term ‘‘programmatic capability’’ to mean identified above. SF 424B. By signing the SF 424B, the technical capability of an applicant Any comments related to this ICR ‘‘Assurances—Non-Construction to successfully carry out a project, should be submitted to EPA within 60 Programs,’’ the applicant is assuring taking into account factors such as past days of this notice. EPA’s policy is that compliance with various statutory and performance on similar projects, prior public comments, whether submitted regulatory requirements (40 CFR Part experience, timely progress reporting, electronically or in paper, will be made 30—Grants and Agreements with the qualifications of key personnel and available for public viewing in Institutions of Higher Education, allocation of roles and responsibilities EDOCKET as EPA receives them and Hospitals, and other Non-Profit for proper project management, and the without change, unless the comment Organizations) and is assuring that it adequacy of equipment, resources and contains copyrighted material, CBI, or ‘‘[h]as the * * * institutional, facilities. other information whose public managerial and financial capability An agency may not conduct or disclosure is restricted by statute. When (including funds sufficient to pay the sponsor, and a person is not required to EPA identifies a comment containing non Federal share of project cost) to respond to, a collection of information copyrighted material, EPA will provide ensure proper planning, management unless it displays a currently valid OMB a reference to that material in the and completion of the project described control number. The OMB control version of the comments that is placed in this application.’’ Despite this numbers for EPA’s regulations in 40 in EDOCKET. The entire printed assurance of administrative and CFR are listed in 40 CFR Part 9. comment, including the copyrighted programmatic capability, EPA’s Office The EPA would like to solicit material, will be available in the public of the Inspector General and Office of comments to: docket. Although identified as an item Grants and Debarment within EPA’s (i) Evaluate whether the proposed in the official docket, information Office of Administration and Resources collection of information is necessary claimed as CBI, or whose disclosure is Management have documented for the proper performance of the otherwise restricted by statue, is not numerous instances of non-profit functions of the Agency, including included in the official public docket, recipients that have inadequate whether the information will have and will not be available for public administrative systems to manage EPA practical utility; viewing in EDOCKET. For further funds or lack the capability to information about the electronic docket, successfully perform the project scope (ii) Evaluate the accuracy of the see EPA’s Federal Register notice of work. Agency’s estimate of the burden of the describing the electronic docket at 67 Recognizing that it is preferable to proposed collection of information, FR 38102 (May 31, 2002), or go to address such issues before, rather than including the validity of the http://www.epa.gov/edocket. after an assistance agreement is methodology and assumptions used; Affected entities: Entities potentially awarded, EPA is prescribing uniform (iii) Enhance the quality, utility, and affected by this action are non-profit pre-award procedures for evaluating the clarity of the information to be organizations applying for EPA administrative and programmatic collected; and assistance awards, including grants and capability of non-profit applicants. (iv) Minimize the burden of the cooperative agreements. Specifically, EPA will require that non- collection of information on those who Title: General Administrative profit applicants recommended for are to respond, including through the Requirements For Assistance Programs. award complete a checklist entitled use of appropriate automated electronic, Abstract: The Environmental ‘‘EPA Administrative Capability mechanical, or other technological Protection Agency (EPA) is establishing Questionnaire’’ and return it to the collection techniques or other forms of procedures for assessing administrative designated EPA office with supporting information technology, e.g., permitting capability of non-profit organizations documentation. Note that much of the electronic submission of responses. applying for EPA assistance agreements. information to be collected in the Burden Statement: The EPA estimates Under the new procedures, EPA will proposed questionnaire is currently the average annual reporting burden for require non-profit applicants being collected from assistance non-profit applicants recommended for recommended for award to complete a agreement recipients during EPA’s post- award to complete the ‘‘Administrative checklist entitled ‘‘EPA Administrative award monitoring activities (ref.: OMB Capability Questionnaire’’ to be 2 hours. Capability Questionnaire’’ and return it 2030–0020, Expiration date 12/31/05). In the first year of the new pre-award to EPA with supporting documentation. In addition, 40 CFR Part 30 currently procedures, EPA will only require non- The responses to the form will be a basis requires non-profit organizations that profit applicants recommended for new for assessing administrative capability receive EPA assistance agreements to assistance awards of greater than and deciding whether to make awards to maintain documentation supporting $100,000 to provide this information. the non-profit applicant. Applicants that their administrative capability. The estimated applicant pool for these provide information that demonstrates For purposes of this Notice, EPA uses awards is 210, which results in a burden they are administratively capable will the term ‘‘administrative capability’’ to of 420 hours (210 × 2 hours). In be ‘‘certified’’ for a specified period mean the capability of an applicant to subsequent years, EPA may require all (e.g., four years) and therefore, would develop and implement administrative non-profit applicants recommended for not have to resubmit the questionnaire systems required by 40 CFR Part 30, new awards to provide this information. and supporting documents during that including systems related to financial Based on a total non-profit applicant

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pool of approximately 700, the resultant exposures and risks, identify unmet Matthews,EPA Office of the Science burden would be 1400 hours (700 X 2). public health needs, and recommend Advisor, telephone (202) 564–6669 or e- The EPA estimates the average annual any steps to further minimize the risks mail: [email protected]. For reporting burden for non-profit associated with the aftermath of the further information regarding the 9/11 applicants recommended for award to World Trade Center attacks. The panel World Trade Center Dust Health Effects provide programmatic capability will meet several times over the course Conference on September 12, please see information to be 6 hours. The Agency of approximately two years. These panel the web site http://www.med.nyu.edu/ also estimates that 35% of the 700 new meetings will be open to the public, pulmonary or contact Mr. Derek Grimes, awards to non-profit organizations—245 except where the public interest Senior Research Coordinator, NYU awards—would be made non- requires otherwise. Information on the School of Medicine, Division of competitively. The resultant burden panel meeting agendas, documents Pulmonary and Critical Care Medicine, would be 1470 hours (245 × 6 hours). (except where the public interest at (212) 263–2315. Burden means the total time, effort, or requires otherwise), and public SUPPLEMENTARY INFORMATION: financial resources expended by persons registration to attend the meetings will to generate, maintain, retain, or disclose be available from an Internet web site. I. WTC Technical Panel Meeting or provide information to or for a EPA has established an official public Information Federal agency. This includes the time docket for this action under Docket ID Eastern Research Group, Inc., (ERG), needed to review instructions; develop, No. ORD–2004–0003. an EPA contractor, will coordinate the acquire, install, and utilize technology DATES: The sixth meeting of the WTC WTC Technical Panel meeting. To and systems for the purposes of Technical Panel will be held on attend the panel meeting as an observer, collecting, validating, and verifying September 13, 2004, from 9 a.m. to 5 please register by visiting the web site information, processing and p.m., Eastern Daylight Savings Time. at: http://www.epa.gov/wtc/panel. You maintaining information, and disclosing On-site registration will begin at 8:30 may also register for the meeting by and providing information, adjust the a.m. Also, on September 12, 2004, EPA, calling ERG’s conference registration existing ways to comply with any in collaboration with the New York line between the hours of 9 a.m. and previously applicable instructions and University Environmental Lung Health 5:30 p.m. EDST at (781) 674–7374 or toll requirements; train personnel to be able Center/Division of Pulmonary and free at 1–800–803–2833, or by faxing a to respond to a collection of Critical Care Medicine, New York registration request to (781) 674–2906 information; search data sources; University Department of (include full address and contact complete and review the collection of Environmental Medicine, Fire information). Pre-registration is strongly information; and transmit or otherwise Department of New York, and Mt. Sinai recommended as space is limited, and disclose the information. Department of Community and registrations are accepted on a first- Dated: August 13, 2004. Preventative Medicine, will co-sponsor come, first-served basis. The deadline a 9/11 World Trade Center Dust Health Howard Corcoran, for pre-registration is September 8, Effects Conference from 12 noon to 5 2004. Registrations will continue to be Acting Assistant Administrator, Office of p.m., Eastern Daylight Savings Time. Administration and Resources Management. accepted after this date, including on- This will be a comprehensive health site registration, if space allows. There [FR Doc. 04–19049 Filed 8–18–04; 8:45 am] symposium entailing multidisciplinary BILLING CODE 6560–50–P will be a limited time at the meeting for research on the health effects of the oral comments from the public. Oral World Trade Center disaster. comments will be limited to five (5) ENVIRONMENTAL PROTECTION ADDRESSES: The WTC Technical Panel minutes each. If you wish to make a AGENCY meeting on September 13 will be held statement during the observer comment at St. John’s University, Saval period, please check the appropriate box [FRL–7803–3] Auditorium, 101 Murray Street when you register at the web site. Please (between Greenwich Street and West Sixth Meeting of the World Trade bring a copy of your comments to the Side Highway), New York City Center Expert Technical Review Panel meeting for the record or submit them (Manhattan). The auditorium is located and 9/11 World Trade Center Dust electronically via e-mail to on the second floor of the building and Health Effects Conference to Continue [email protected], subject line: WTC. is handicap accessible. A government- Evaluation on Issues Relating to issued identification (e.g., driver’s II. Background Information Impacts of the Collapse of the World license) is required for entry. The 9/11 Trade Center Towers Immediately following the September World Trade Center Dust Health Effects 11, 2001 terrorist attack on New York AGENCY: Environmental Protection Conference on September 12 will be City’s World Trade Center, many federal Agency (EPA). held at the Rosenthal Pavilion in the agencies, including the EPA, were ACTION: Notice of meetings. New York University Kimmel Center, 60 called upon to focus their technical and Washington Square South, New York, scientific expertise on the national SUMMARY: The World Trade Center NY 10012. emergency. EPA, other federal agencies, Expert Technical Review Panel (or WTC FOR FURTHER INFORMATION CONTACT: For New York City, and New York State Technical Panel) will hold its sixth WTC Technical Panel meeting public health and environmental meeting intended to provide for greater information, registration and logistics, authorities focused on numerous input from individuals on ongoing please see the panel’s Web site http:// cleanup, dust collection, and ambient efforts to monitor the situation for New www.epa.gov/wtc/panel or contact ERG air monitoring activities to ameliorate York residents and workers impacted by at (781) 674–7374. The meeting agenda and better understand the human health the collapse of the World Trade Center. and logistical information will be posted impacts of the disaster. Detailed The panel members will help guide the on the Web site and will also be information concerning the EPA’s use of the available exposure and available in hard copy. For further environmental monitoring activities that health surveillance databases and information regarding the WTC were conducted as part of this response registries to characterize any remaining Technical Panel, contact Ms. Lisa is available at the EPA Response to 9–

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11 web site at http://www.epa.gov/wtc/ Environmental and Community docket is the collection of materials that . Medicine at the Environmental and is available for public viewing at the In addition to environmental Occupational Health Sciences Institute Office of Environmental Information monitoring, EPA efforts also included of the Robert Wood Johnson Medical (OEI) Docket in the Headquarters EPA toxicity testing of the dust, as well as School-UMDNJ and Rutgers University, Docket Center, (EPA/DC) EPA West the development of a human exposure serves as Vice Chair. A full list of the Building, Room B102, 1301 Constitution and health risk assessment. This risk panel members, a charge statement and Avenue, NW., Washington, DC 20460. assessment document, Exposure and operating principles for the panel are The EPA Docket Center Public Reading Human Health Evaluation of Airborne available from the panel Web site listed Room is open from 8:30 a.m. to 4:30 Pollution from the World Trade Center above. Panel meetings typically will be p.m., Monday through Friday, excluding Disaster, is available on the Web at one-or two-day meetings, and they will legal holidays. The telephone number http://www.epa.gov/ncea/wtc.htm). occur over the course of approximately for the Public Reading Room is 202) Numerous additional studies by other a two-year period. Panel members will 566–1744, and the telephone number for Federal and State agencies, universities, provide individual advice on issues the the OEI Docket is (202) 566–1752; and other organizations have panel addresses. These meetings will facsimile: (202) 566–1753; or e-mail: documented impacts to both the occur in New York City and nearby [email protected]. outdoor and indoor environments and locations. All of the meetings will be An electronic version of the public to human health. announced on the web site and by a docket is available through EPA’s While these monitoring and Federal Register Notice, and they will electronic public docket and comment assessment activities were ongoing, and be open to the public for attendance and system, EPA Dockets. You may use EPA the cleanup at Ground Zero itself was brief oral comments. Dockets at http://www.epa.gov/edocket/ occurring, EPA began planning for a The focus of the sixth meeting of the to submit or view public comments, program to clean and monitor WTC Technical Panel is to review status access the index listing of the contents residential apartments. From June 2002 of a sampling and testing proposal of the official public docket, and to until December 2002, residents (refined based on input from the July 26 access those documents in the public impacted by World Trade Center dust meeting) to determine the geographic docket that are available electronically. and debris in an area of about 1 mile by extent of World Trade Center Once in the system, select ‘‘search,’’ 1 mile south of Canal Street were contamination, to provide an update on then key in the appropriate docket eligible to request either federally- the World Trade Center signature identification number. funded cleaning and monitoring for validation study, and also to brief the airborne asbestos or monitoring of their panel members on current public health Dated: August 13, 2004. residences. The cleanup continued into studies related to World Trade Center William H. Farland, the summer of 2003, by which time the impacts. Further information on Acting EPA Science Advisor and Assistant EPA had cleaned and monitored 3,400 meetings of the WTC Technical Panel Administrator for Research and Development. apartments and monitored 800 can be found at the web site identified [FR Doc. 04–19050 Filed 8–18–04; 8:45 am] apartments. Detailed information on this earlier: http://www.epa.gov/wtc/panel. BILLING CODE 6560–50–P portion of the EPA response is also Also, as noted above, on September 12, available at http://www.epa.gov/wtc/. 2004, EPA and some members of the A critical component of WTC panel will participate in a 9/11 understanding long-term human health World Trade Center Dust Health Effects FEDERAL MARITIME COMMISSION impacts is the establishment of health Conference at the New York University registries. The World Trade Center Kimmel Center. This comprehensive Notice of Agreements Filed Health Registry is a comprehensive and health symposium entailing The Commission hereby gives notice confidential health survey of those most multidisciplinary research on the health directly exposed to the contamination of the filing of the following agreements effects of the World Trade Center under the Shipping Act of 1984. resulting from the collapse of the World disaster is co-sponsored by EPA, New Interested parties may obtain copies of Trade Center towers. It is intended to York University Environmental Lung agreements by contacting the give health professionals a better picture Health Center/Division of Pulmonary Commission’s Office of Agreements at of the health consequences of 9/11. It and Critical Care Medicine, New York 202–523–5793 or via e-mail at was established by the Agency for Toxic University Department of [email protected]. Interested Substances and Disease Registry Environmental Medicine, Fire parties may submit comments on an (ATSDR) and the New York City Department of New York and Mt. Sinai agreement to the Secretary, Federal Department of Health and Mental Department of Community and Maritime Commission, Washington, DC Hygiene (NYCDHMH) in cooperation Preventative Medicine. with a number of academic institutions, 20573, within 10 days of the date this public agencies, and community groups. III. How to Get Information on E- notice appears in the Federal Register. Detailed information about the registry DOCKET Agreement No.: 011517–010. can be obtained from the registry Web EPA has established an official public Title: APL/HSDG/Lykes/Evergreen site at: http://www.nyc.gov/html/doh/ docket for this action under Docket ID Vessel Sharing Agreement. html/wtc/index.html. No. ORD–2004–0003. The official public Parties: American President Lines In order to obtain individual advice docket consists of the documents Ltd.; APL Co, Pte Ltd.; Hamburg-Su¨ d; on the effectiveness of these programs, specifically referenced in this action, Lykes Lines Limited, LLC; and unmet needs, and data gaps, the EPA any public comments received, and Evergreen Marine Corp (Taiwan) Ltd. has convened a technical panel of other information related to this action. Filing Party: Wayne R. Rohde, Esq.; experts who have been involved with Although a part of the official docket, Sher & Blackwell; 1850 M Street, NW., World Trade Center assessment the public docket does not include Suite 900; Washington, DC 20036. activities. Dr. Paul Gilman, EPA Science Confidential Business Information (CBI) Synopsis: The amendment revises the Advisor, serves as Chair of the panel, or other information whose disclosure is slot allocation of Evergreen. and Dr. Paul Lioy, Professor of restricted by statute. The official public Agreement No.: 011642–009.

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Title: East Coast United States/East proposal also involves the acquisition of The Committee shall also review and report Coast of South America Vessel Sharing a nonbanking company, the review also regularly on childhood lead poisoning Agreement. includes whether the acquisition of the prevention practices and recommend Parties: A.P. Moller-Maersk A/S; P&O nonbanking company complies with the improvements in national childhood lead Nedlloyd Limited; P&O Nedlloyd B.V.; standards in section 4 of the BHC Act poisoning prevention efforts. Matters to be Discussed: Agenda items Mercosul Line Navegacao e Logistica (12 U.S.C. 1843). Unless otherwise include: Update on the Primary Prevention Ltda.; Alianca Navegacao e Logistica noted, nonbanking activities will be Workgroup document, update on the Adverse Ltda.; and Hamburg-Su¨ d. conducted throughout the United States. Health Effects of Blood Lead Levels less than Filing Party: Wayne R. Rohde, Esq.; Additional information on all bank 10 Report, update from the Lead and Sher & Blackwell; 1850 M Street, NW., holding companies may be obtained Pregnancy Workgroup, update of strategic Suite 900; Washington, DC 20036. from the National Information Center planning process by state and local Synopsis: The amendment revises the website at www.ffiec.gov/nic/. childhood lead poisoning prevention slot allocations of the parties. Unless otherwise noted, comments programs, update on cooperation with Agreement No.: 011888. regarding each of these applications Housing Urban Development and Title: APL/MOL 2004 Peak Season must be received at the Reserve Bank Environmental Protection Agency enforcement of the Lead Disclosure Rule, and Space Charter Agreement. indicated or the offices of the Board of Governors not later than September 13, an update on research and program Parties: American President Lines, evaluation activities ongoing in the Lead 2004. Ltd.; APL Co. Pte Ltd.; and Mitsui Poisoning Prevention Branch. Agenda items O.S.K. Lines, Ltd. A. Federal Reserve Bank of Chicago are subject to change as priorities dictate. Filing Party: David B. Cook, Esq.; Shea (Patrick Wilder, Assistant Vice Opportunities will be provided during the & Gardner; 1800 Massachusetts Avenue, President) 230 South LaSalle Street, meeting for oral comments. Depending on the NW., Washington, DC 20036–1872. Chicago, Illinois 60690–1414: time available and the number of requests, it Synopsis: The agreement authorizes 1. Metropolitan Bank Group, Inc., may be necessary to limit the time of each the parties to cooperate in providing a Chicago, Illinois; to acquire 100 percent presenter. limited number of round-trip voyages of the voting shares of Allegiance Contact Person for More Information: during the 2004 peak season in the trade Community Bank, Tinley Park, Illinois. Crystal M. Gresham, Program Analyst, Lead between ports in the State of Poisoning Prevention Branch, Division of Board of Governors of the Federal Reserve Emergency and Environmental Health Washington and China (including Hong System, August 13, 2004. Services, NCEH, CDC, 4770 Buford Hwy, NE, Kong) and Taiwan. The parties Jennifer J. Johnson, M/S F–40, Atlanta, Georgia 30341, telephone requested expedited review. Secretary of the Board. (770) 488–7490, fax (770) 488–3635. By Order of the Federal Maritime [FR Doc. 04–19047 Filed 8–18–04; 8:45 am] The Director, Management Analysis and Services Office, has been delegated the Commission. BILLING CODE 6210–01–S Dated: August 13, 2004. authority to sign Federal Register notices pertaining to announcements of meetings and Bryant L. VanBrakle, other committee management activities for Secretary. DEPARTMENT OF HEALTH AND both the CDC and the Agency for Toxic [FR Doc. 04–18949 Filed 8–18–04; 8:45 am] HUMAN SERVICES Substances and Disease Registry. BILLING CODE 6730–01–P Centers for Disease Control and Dated: August 13, 2004. Prevention Alvin Hall, Director, Management Analysis and Services FEDERAL RESERVE SYSTEM Advisory Committee on Childhood Office, Centers for Disease Control and Lead Poisoning Prevention (ACCLPP): Prevention. Formations of, Acquisitions by, and Meeting [FR Doc. 04–18991 Filed 8–18–04; 8:45 am] Mergers of Bank Holding Companies BILLING CODE 4163–18–P In accordance with section 10(a)(2) of The companies listed in this notice the Federal Advisory Committee Act have applied to the Board for approval, (Pub. L. 92–463), the National Center for pursuant to the Bank Holding Company DEPARTMENT OF HEALTH AND Environmental Health (NCEH) of the Act of 1956 (12 U.S.C. 1841 et seq.) HUMAN SERVICES Centers for Disease Control and (BHC Act), Regulation Y (12 CFR Part Prevention (CDC) announces the Centers for Disease Control and 225), and all other applicable statutes following committee meeting. Prevention and regulations to become a bank holding company and/or to acquire the Name: Advisory Committee on Childhood Lead Poisoning Prevention. Clinical Laboratory Improvement assets or the ownership of, control of, or Advisory Committee the power to vote shares of a bank or Times and Dates: 8:30 a.m.—5 p.m., October 19, 2004. 8:30 a.m.—12:30 p.m., bank holding company and all of the October 20, 2004. In accordance with section 10(a)(2) of banks and nonbanking companies Place: Doubletree Hotel Atlanta Buckhead, the Federal Advisory Committee Act owned by the bank holding company, 3342 Peachtree Road, Atlanta, Georgia, 30326 (Pub. L. 92–463), the Centers for Disease including the companies listed below. Telephone: (404) 231–1234 or toll free (404) Control and Prevention (CDC) The applications listed below, as well 231–3112. announces the following committee as other related filings required by the Status: Open to the public, limited only by meeting. Board, are available for immediate the space available. The meeting room inspection at the Federal Reserve Bank accommodates approximately 75 people. Name: Clinical Laboratory Improvement indicated. The application also will be Purpose: The Committee shall provide Advisory Committee (CLIAC). advice and guidance to the Secretary; the Times and Dates: 8:30 a.m.–5:15 p.m., available for inspection at the offices of Assistant Secretary for Health; and the September 22, 2004. 8:30 a.m.–3:10 p.m., the Board of Governors. Interested Director, CDC, regarding new scientific September 23, 2004. persons may express their views in knowledge and technological developments Place: Doubletree Hotel (Atlanta/ writing on the standards enumerated in and their practical implications for Buckhead), 3342 Peachtree Rd. NE., Atlanta, the BHC Act (12 U.S.C. 1842(c)). If the childhood lead poisoning prevention efforts. Georgia 30326, Telephone: (404) 231–1234.

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Status: Open to the public, limited only by DEPARTMENT OF HEALTH AND Contact Persons for More Information: the space available. The meeting room HUMAN SERVICES Marilyn Horton, Designated Federal Official accommodates approximately 100 people. and Committee Management Specialist, Purpose: This committee is charged with Centers for Disease Control and Division of Health Assessment and providing scientific and technical advice and Prevention Consultation, ATSDR, 1600 Clifton Road, NE guidance to the Secretary of Health and M/S E–32 Atlanta, Georgia 30333, telephone Human Services, the Assistant Secretary for Agency for Toxic Substances and 1–888–42–ATSDR (28737), fax (404) 498– Health, and the Director, CDC, regarding the Disease Registry Public Meeting of the 1744. The Director, Management Analysis and need for, and the nature of, revisions to the Citizens Advisory Committee on Public standards under which clinical laboratories Services Office, has been delegated the are regulated; the impact on medical and Health Service (PHS) Activities and authority to sign Federal Register notices laboratory practice of proposed revisions to Research at Department of Energy pertaining to announcements of meetings and the standards; and the modification of the Sites (DOE): Oak Ridge Reservation other committee management activities, for standards to accommodate technological Health Effects Subcommittee both CDC and ATDSR. advances. Matters to be Discussed: The agenda will Name: Public meeting of the Citizens Dated: August 13, 2004. include updates from CDC, the Centers for Advisory Committee on PHS Activities and Alvin Hall, Medicare & Medicaid Services, and the Food Research at DOE Sites: Oak Ridge Reservation Health Effects Subcommittee Director, Management Analysis and Services and Drug Administration; and presentations (ORRHES). Office, Centers for Disease Control and and discussion on non-regulatory approaches Time and Date: 12 p.m.–6:30 p.m., Prevention. to laboratory improvement. September 14, 2004. [FR Doc. 04–18993 Filed 8–18–04; 8:45 am] Agenda items are subject to change as Place: Oak Ridge Mall, Alpine Meeting BILLING CODE 4163–18–P priorities dictate. Room, 333 East Main Street, Oak Ridge, Providing Oral or Written Comments: It is Tennessee. the policy of CLIAC to accept written public Background: Under a Memorandum of comments and provide a brief period for oral DEPARTMENT OF HEALTH AND Understanding (MOU) was signed in October HUMAN SERVICES public comments whenever possible. Oral 1990 and renewed in September 2000 Comments: In general, each individual or between ATSDR and DOE. The MOU Centers for Medicare and Medicaid group requesting to make an oral delineates the responsibilities and presentation will be limited to a total time of procedures for ATSDR’s public health Services five minutes (unless otherwise indicated). activities at DOE sites required under [Document Identifier: CMS–10113] Speakers must also submit their comments in sections 104, 105, 107, and 120 of the writing for inclusion in the meeting’s Comprehensive Environmental Response, Summary Report. To assure adequate time is Compensation, and Liability Act (CERCLA or Agency Information Collection scheduled for public comments, individuals ‘‘Superfund’’). These activities include health Activities: Proposed Collection; or groups planning to make an oral consultations and public health assessments Comment Request presentation should, when possible, notify at DOE sites listed on, or proposed for, the the contact person below at least one week Superfund National Priorities List and at AGENCY: Centers for Medicare and prior to the meeting date. Written Comments: sites that are the subject of petitions from the Medicaid Services, HHS. For individuals or groups unable to attend public; and other health-related activities In compliance with the requirement the meeting, CLIAC accepts written such as epidemiologic studies, health of section 3506(c)(2)(A) of the comments until the date of the meeting surveillance, exposure and disease registries, Paperwork Reduction Act of 1995, the (unless otherwise stated). However, the health education, substance-specific applied Centers for Medicare and Medicaid comments should be received at least one research, emergency response, and Services (CMS) (formerly known as the week prior to the meeting date so that the preparation of toxicological profiles. In addition, under an MOU signed in Health Care Financing Administration comments may be made available to the (HCFA)), Department of Health and Committee for their consideration and public December 1990 with DOE and replaced by an distribution. Written comments, one hard MOU signed in 2000, the Department of Human Services, is publishing the copy with original signature, should be Health and Human Services (HHS) has been following summary of proposed provided to the contact person below. given the responsibility and resources for collections for public comment. Written comments will be included in the conducting analytic epidemiologic Interested persons are invited to send meeting’s Summary Report. investigations of residents of communities in comments regarding this burden Contact Person for Additional Information: the vicinity of DOE facilities, workers at DOE facilities, and other persons potentially estimate or any other aspect of this Rhonda Whalen, Chief, Laboratory Practice collection of information, including any Standards Branch, Division of Laboratory exposed to radiation or to potential hazards from non-nuclear energy production and use. of the following subjects: (1) The Systems, Public Health Practice Program HHS, has delegated program responsibility to necessity and utility of the proposed Office, CDC, 4770 Buford Highway, NE., CDC. Community involvement is a critical Mailstop F–11, Atlanta, Georgia 30341–3717; information collection for the proper part of ATSDR’s and CDC’s energy-related telephone (770) 488–8042; fax (770) 488- performance of the agency’s functions; research and activities and input from 8279; or via e-mail at [email protected]. (2) the accuracy of the estimated members of the ORRHES is part of these The Director, Management Analysis and burden; (3) ways to enhance the quality, efforts. Services Office, has been delegated the utility, and clarity of the information to Purpose: The purpose of this meeting is to authority to sign Federal Register Notices address issues that are unique to community be collected; and (4) the use of pertaining to announcements of meetings and involvement with the ORRHES, and agency automated collection techniques or other committee management activities, for updates. other forms of information technology to CDC and the Agency for Toxic Substances Matters to be Discussed: Agenda items will minimize the information collection and Disease Registry. include a presentation and discussion on the burden. Dated: August 3, 2004. ORRHES Web site, and updates and Type of Information Collection Alvin Hall, recommendations from the Public Health Request: Extension of currently Assessment, Communications and Outreach, Director, Management Analysis and Services approved collection. Agenda, Guidelines and Procedures, and the Office, Centers for Disease Control and Health Education Needs Assessment Title of Information Collection: Prevention. Workgroups, and agency updates. Application for Participation in [FR Doc. 04–18992 Filed 8–18–04; 8:45 am] Agenda items are subject to change as Medicare Replacement Drug BILLING CODE 4163–18–P priorities dictate. Demonstration.

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Use: Section 641 of the MMA DEPARTMENT OF HEALTH AND consumed during this review, which mandated a demonstration that would HUMAN SERVICES diminishes the value of the patent. In pay for drugs/biologicals prescribed as enacting 35 U.S.C. 156, Congress sought replacements for existing covered Food and Drug Administration to encourage development of new, safer, Medicare drugs. A report to Congress [Docket No. 2004N–0204] and more effective medical and food evaluating the impact of this additive products. It did so by demonstration was also mandated. In Agency Information Collection authorizing the U.S. Patent and order to enroll in this demonstration, a Activities; Submission for Office of Trademark Office (PTO) to extend the beneficiary will be required to submit Management and Budget Review; patent term by a portion of the time the application forms. Beneficiaries who Comment Request; Patent Term during which FDA’s safety and wish to be considered for a low-income Restoration, Due Diligence Petitions, effectiveness review prevented subsidy must also provide the Filing, Format, and Content of marketing of the product. The length of the patent term extension is generally information on the ‘‘Application for Petitions limited to a maximum of 5 years, and Financial Assistance.’’ AGENCY: Food and Drug Administration, is calculated by PTO based on a Form Number: CMS–10113 HHS. statutory formula. When a patent holder OMB#: 0938–0924. ACTION: Notice. submits an application for patent term extension to PTO, PTO requests Frequency: One per beneficiary. SUMMARY: The Food and Drug information from FDA, including the Affected Public: Individuals or Administration (FDA) is announcing length of the regulatory review period Households. that a proposed collection of for the patented product. If PTO information has been submitted to the Number of Respondents: 50,000. concludes that the product is eligible for Office of Management and Budget patent term extension, FDA publishes a Total Annual Responses: 50,000. (OMB) for review and clearance under document in the Federal Register, Total Annual Hours: 20,417. the Paperwork Reduction Act of 1995. which describes the length of the To obtain copies of the supporting DATES: Fax written comments on the regulatory review period, and the dates statement and any related forms for the collection of information by September used to calculate that period. Interested proposed paperwork collections 20, 2004. parties may request, under § 60.24 (21 referenced above, access CMS’ Web Site ADDRESSES: OMB is still experiencing CFR 60.24), revision of the length of the address at http://www.cms.gov/regs/ significant delays in the regular mail, regulatory review period, or may prdact95.htm, or e-mail your request, including first class and express mail, petition under § 60.30 (21 CFR 60.30) to including your address, phone number, and messenger deliveries are not being reduce the regulatory review period by OMB number, and CMS document accepted. To ensure that comments on any time where marketing approval was the information collection are received, identifier, to [email protected], not pursued with ‘‘due diligence.’’ The OMB recommends that written statute defines due diligence as ‘‘that or call the Reports Clearance Office at comments be faxed to the Office of degree of attention, continuous directed (410) 786–1326. Information and Regulatory Affairs, effort, and timeliness as may reasonably Written comments and OMB, Attn: Fumie Yokota, Desk Officer be expected from, and are ordinarily recommendations for the proposed for FDA, FAX: 202–395–6974. exercised by, a person during a information collections must be mailed FOR FURTHER INFORMATION CONTACT: regulatory review period.’’ As provided within 60 days of this notice directly to Karen L. Nelson, Office of Management in § 60.30(c), a due diligence petition the CMS Paperwork Clearance Officer Programs (HFA–250), Food and Drug ‘‘shall set forth sufficient facts, designated at the following address: Administration, 5600 Fishers Lane, including dates if possible, to merit an CMS, Office of Strategic Operations and Rockville, MD 20857, 301–827–1482. investigation by FDA of whether the Regulatory Affairs, Division of SUPPLEMENTARY INFORMATION: In applicant acted with due diligence.’’ Regulations Development and compliance with 44 U.S.C. 3507, FDA Upon receipt of a due diligence petition, Issuances, Attention: Pam Gulliver, has submitted the following proposed FDA reviews the petition and evaluates CMS–10113, Room C5–10–06, 7500 collection of information to OMB for whether any change in the regulatory Security Boulevard, Baltimore, review and clearance. review period is necessary. If so, the Maryland 21244–1850. corrected regulatory review period is Patent Term Restoration, Due Diligence published in the Federal Register. A Dated: August 12, 2004. Petitions, Filing, Format, and Content of due diligence petitioner not satisfied John P. Burke, III, Petitions—21 CFR Part 60 (OMB with FDA’s decision regarding the Paperwork Reduction Act Team Leader, Control Number 0910–0233)—Extension petition may, under § 60.40 (21 CFR Office of Strategic Operations and Strategic FDA’s patent extension activities are 60.40), request an informal hearing for Affairs, Division of Regulations Development conducted under the authority of the reconsideration of the due diligence and Issuances. Drug Price Competition and Patent determination. Petitioners are likely to [FR Doc. 04–19017 Filed 8–18–04; 8:45 am] Term Restoration Act of 1984 and the include persons or organizations having BILLING CODE 4120–03–P Animal Drug and Patent Term knowledge that FDA’s marketing Restoration Act of 1988 (35 U.S.C. 156). permission for that product was not New human drugs, animal drugs, actively pursued throughout the human, biological, medical device, food regulatory review period. The additive, or color additive products information collection for which an regulated by FDA must undergo FDA extension of approval is being sought is safety, or safety and effectiveness, the use of the statutorily created due review before marketing is permitted. diligence petition. Where the product is covered by a Since 1992, seven requests for patent, part of the patent’s term may be revision of the regulatory review period

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have been submitted under § 60.24. requests for hearings under § 60.40 60-day notice requesting public Three regulatory review periods have regarding the decisions on such comment on the information collection been altered. Two due diligence petitions. provisions. No comments were received. petitions have been submitted to FDA In the Federal Register of May 19, FDA estimates the burden of this under § 60.30. There have been no 2004 (69 FR 28929), FDA published a collection of information as follows:

ESTIMATED ANNUAL REPORTING BURDEN1

Annual Frequency per Total Annual Re- 21 CFR Section No. of Respondents Response sponses Hours per Response Total Hours

60.24(a) 7 1 7 100 700 60.30 2 0 2 50 100 60.40 0 0 0 0 0 Total 800 1There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: August 12, 2004. Research (CDER), Food and Drug program to allow sponsors of clinical Jeffrey Shuren, Administration, 5600 Fishers Lane, trials for certain products to request that Assistant Commissioner for Policy. Rockville, MD 20857. Send one self- FDA engage an independent consultant [FR Doc. 04–18976 Filed 8–18–04; 8:45 am] addressed adhesive label to assist the to participate in the review of protocols BILLING CODE 4160–01–S office in processing your requests. The for clinical studies that are intended to guidance may also be obtained by mail serve as the primary basis of claims of by calling the CBER voice information efficacy. This guidance document is DEPARTMENT OF HEALTH AND system at 1–800–835–4709 or 301–827– intended to explain when and how a HUMAN SERVICES 1800. See the SUPPLEMENTARY sponsor may take advantage of this INFORMATION section for electronic program. Food and Drug Administration access to the guidance document. This guidance document finalizes the Submit written comments on the [Docket No. 2003D–0112] draft guidance document of the same guidance to the Division of Dockets title dated May 2003 (68 FR 24486, May Management (HFA–305), Food and Drug Guidance for Industry on Independent 7, 2003). The guidance is being issued Administration, 5630 Fishers Lane, rm. Consultants for Biotechnology Clinical consistent with FDA’s good guidance 1061, Rockville, MD 20852. Submit Trial Protocols; Availability practices regulation (21 CFR 10.115). electronic comments to http:// The guidance represents the agency’s AGENCY: Food and Drug Administration, www.fda.gov/dockets/ecomments. HHS. current thinking on this topic. It does FOR FURTHER INFORMATION CONTACT: ACTION: Notice. not create or confer any rights for or on Nathaniel L. Geary, Center for Biologics any person and does not operate to bind SUMMARY: The Food and Drug Evaluation and Research (HFM–17), FDA or the public. An alternative Administration (FDA) is announcing the Food and Drug Administration, 1401 approach may be used if such approach availability of a document entitled Rockville Pike, suite 200N, Rockville, satisfies the requirements of the ‘‘Guidance for Industry: Independent MD 20852–1448, 301–827–6210; or applicable statutes and regulations. Consultants for Biotechnology Clinical Susan S. Johnson, Center for Drug Trial Protocols,’’ dated August 2004. Evaluation and Research, Office of New II. Comments Drugs (HFD–20), 5515 Security Lane, The guidance document provides Interested persons may, at any time, guidance to sponsors of clinical trials suite 7215, Rockville, MD 20852, 301– 594–3937. submit written or electronic comments for certain products on when and how to the Division of Dockets Management SUPPLEMENTARY INFORMATION: to request from FDA the engagement of (see ADDRESSES) regarding this an independent consultant to I. Background guidance. Submit a single copy of participate in the review of protocols for electronic comments or two paper clinical studies intended to serve as the FDA is announcing the availability of a document entitled ‘‘Guidance for copies of any mailed comments, except primary basis of claims of efficacy. This that individuals may submit one paper guidance document finalizes the draft Industry: Independent Consultants for Biotechnology Clinical Trial Protocols’’ copy. Comments are to be identified guidance of the same title dated May with the docket number found in the 2003. dated August 2004. On June 12, 2002, the President signed the Public Health brackets in the heading of this DATES: Submit written or electronic Security and Bioterrorism Preparedness document. A copy of the guidance and comments on agency guidances at any and Response Act of 2002, which received comments are available for time. includes the Prescription Drug User Fee public examination in the Division of ADDRESSES: Submit written requests for Amendments of 2002 (PDUFA III). A Dockets Management between 9 a.m. single copies of the guidance to the letter from the Secretary of Health and and 4 p.m., Monday through Friday. Office of Communication, Training, and Human Services (June 4, 2002), to III. Electronic Access Manufacturers Assistance (HFM–40), Congress concerning PDUFA III Center for Biologics Evaluation and included an addendum containing the Persons with access to the Internet Research (CBER), Food and Drug performance goals and programs to may obtain the guidance at either http:/ Administration, 1401 Rockville Pike, which FDA committed as a means of /www.fda.gov/cber/guidelines.htm, Rockville, MD 20852–1448; or the facilitating the development and review http://www.fda.gov/ohrms/dockets/ Division of Drug Information (HFD– of products subject to PDUFA III. One default.htm, or http://www.fda.gov/ 240), Center for Drug Evaluation and commitment was for FDA to establish a cder/guidance/index.htm.

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Dated: August 11, 2004. Proposed Project: Evaluation for the community. The TECPMQ contains Jeffrey Shuren, Ecstasy, Other Club Drugs, a total of 41 questions, 20 of which have Assistant Commissioner for Policy. Methamphetamine, and Inhalants closed-ended responses, and 21 of [FR Doc. 04–18974 Filed 8–18–04; 8:45 am] Prevention Initiative—NEW which require open-ended narrative BILLING CODE 4160–01–S SAMHSA’s Center for Substance responses. Abuse Prevention (CSAP) under the The DSIDDF is designed to collect Substance Abuse and Mental Health information about the projects’ DEPARTMENT OF HEALTH AND Services Administration (SAMHSA) implementation of evidence-based HUMAN SERVICES will request OMB approval for two new prevention programs and any changes instruments: the Targeted Capacity they made to the programs. The Substance Abuse and Mental Health Expansion and Process Measure instrument also captures information Services Administration Questionnaire (TCEPMQ), and the about program dosage and fidelity to the Direct Service Intervention Dosage Data Agency Information Collection model. The DSIDDF contains a total of Form (DSIDDF). These instruments will Activities: Proposed Collection; 10 questions, 7 of which have closed- be used to conduct an evaluation of Comment Request ended responses and 3 of which have capacity building, process, and project open-ended, narrative responses. By In compliance with section level dosage for the Ecstasy, Other Club collecting this information, CSAP will 3506(c)(2)(A) of the Paperwork Drugs, Methamphetamine, and Inhalant be able to assess the projects’ progress Prevention Initiative (the Initiative). Reduction Act of 1995 concerning in implementing targeted capacity These instruments will permit the opportunity for public comment on expansion within the funded grantee sites to report data about their proposed collections of information, the communities. progress in conducting targeted capacity Substance Abuse and Mental Health These electronic, standard expansion and in delivering direct Services Administration will publish instruments will facilitate accurate and service interventions. periodic summaries of proposed The TCEPMQ and the DSIDDF are appropriate data collection and will projects. To request more information instruments designed to capture project ensure that consistent data are collected on the proposed projects or to obtain a level information. The TCEPMQ from all projects. The practical utility of copy of the information collection captures information from the projects using such standard instruments is plans, call the SAMHSA Reports about their project implementation and much higher than relying on narrative Clearance Officer on (301) 443–7978. whether the project is being reports, allowing for immediate analysis Comments are invited on: (a) Whether implemented as planned; the types of and prompt technical assistance to sites the proposed collections of information needs assessments conducted and the experiencing program difficulties. are necessary for the proper findings of the needs assessments; The estimated time needed to performance of the functions of the measures of awareness of Ecstasy, other complete the TCEPMEQ is 3.75 hours agency, including whether the club drug, methamphetamine and and 2 hours for the DSIDDF. After the information shall have practical utility; inhalant problems and openness to projects have completed their first (b) the accuracy of the agency’s estimate prevention efforts; measures of the submission of these instruments, there of the burden of the proposed collection projects’ relationship-building activities, data will be pre-filled, which will of information; (c) ways to enhance the such as who they collaborate with, how further reduce the time burden on the quality, utility, and clarity of the often, and the effectiveness of these respondents for the next three quarterly information to be collected; and (d) relationships; measures of their work to submission. By providing pre-filled ways to minimize the burden of the improve organizational and community responses, respondents will only need collection of information on resources; measures of contextual to provide information for those respondents, including through the use factors that may affect their planned questions in which their responses have of automated collection techniques or activities; and a description of the effect changed. The annual burden estimates other forms of information technology. of their capacity building activities on for this activity are shown below:

Number of respondents Estimated quarterly respondent burden (by hour) Total annual hourly re- spondent bur- den (total Instrument Ecstasy and Methamphetamine number of bur- other club and inhalants Quarter 1 Quarter 2 Quarter 3 Quarter 4 den hours for drugs all respond- ents)

TCEPMQ ...... 12 20 * 3.75 2 2 2 9.75 (312) DSIDDF ...... 11 19 2 .5 .5 .5 3.5 (105)

Totals ...... 12 20 5.75 2.4 2.5 2.5 13.25 (417) * This includes one hour extra for projects to read the related Administration Guide the first time only.

Send comments to Nancy Pearce, Dated: August 6, 2004. DEPARTMENT OF THE INTERIOR SAMHSA Reports Clearance Officer, Anna Marsh, Room 16–105, Parklawn Building, 5600 Executive Officer, SAMHSA. Geological Survey Fishers Lane, Rockville, MD 20857. [FR Doc. 04–18648 Filed 8–18–04; 8:45 am] Scientific Earthquake Studies Advisory Written comments should be received BILLING CODE 4162–20–M Committee by October 18, 2004. AGENCY: U.S. Geological Survey.

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ACTION: Notice of meeting. North, Range 9 East, Sixth Principal collections (OMB Control Numbers Meridian, Nebraska, was accepted 1010–0018 and 1010–0039). SUMMARY: Pursuant to Public Law 106– August 12, 2004. 503, the Scientific Earthquake Studies Copies of the preceding described plat SUMMARY: To comply with the Advisory Committee (SESAC) will hold and field notes are available to the Paperwork Reduction Act of 1995 its eighth meeting. The meeting location public at a cost of $1.10 per page. (PRA), we are notifying the public that is the Teton Mountain Lodge, 3385 West we have submitted to OMB for review Village Drive, Teton Village, Wyoming Dated: August 13, 2004. and approval two information collection 83025. The Committee is comprised of John P. Lee, requests (ICRs) entitled ‘‘Form MMS– members from academia, industry, and Chief Cadastral Surveyor, Division of Support 126, Well Potential Test Report (WPT)’’; State government. The Committee shall Services. and ‘‘Form MMS–127, Sensitive advise the Director of the U.S. [FR Doc. 04–18994 Filed 8–18–04; 8:45 am] Reservoir Information Report (SRI).’’ Geological Survey (USGS) on matters BILLING CODE 4310–22–P This notice also provides the public a relating to the USGS’s participation in second opportunity to comment on the the National Earthquake Hazards paperwork burden of these regulatory Reduction Program. DEPARTMENT OF THE INTERIOR requirements. The Committee will review the Bureau of Land Management DATES: Submit written comments by overall direction of the U.S. Geological September 20, 2004. Survey’s Earthquake Hazards Program ADDRESSES: with emphasis on activities in the U.S. [WY–957–04–9820–BK–WY02] You may submit comments either by fax (202) 395–6566 or email Intermountain West region. _ Meetings of the Scientific Earthquake Notice of Filing of Plats of Survey, (OIRA [email protected]) directly Studies Advisory Committee are open to Wyoming to the Office of Information and the public. Regulatory Affairs, OMB, Attention: SUMMARY: The Bureau of Land Desk Officer for the Department of the DATES: Session commencing at 8 a.m. on Management (BLM) has filed the plats of Interior (1010–0018 or 1010–0039). Mail September 13, 2004, and adjourning at survey of the lands described below in or hand carry a copy of your comments 5:00 p.m. on September 14, 2004. the BLM Wyoming State Office, to the Department of the Interior; FOR FURTHER INFORMATION CONTACT: Dr. Cheyenne, Wyoming, on August 3, Minerals Management Service; David Applegate, U.S. Geological 2004. Attention: Rules Processing Team; Mail Survey, MS 905, 12201 Sunrise Valley FOR FURTHER INFORMATION CONTACT: Stop 4024; 381 Elden Street; Herndon, Drive, Reston, Virginia 20192, (703) Bureau of Land Management, 5353 Virginia 20170–4817. If you wish to 648–6714. Yellowstone Road, PO Box 1828, email your comments to MMS, the Dated: August 5, 2004. Cheyenne, Wyoming 82003. address is: [email protected]. P. Patrick Leahy, SUPPLEMENTARY INFORMATION: These Reference Information Collection 1010– Associate Director for Geology. surveys were executed at the request of 0018 or 1010–0039 in your subject line [FR Doc. 04–19019 Filed 8–18–04; 8:45 am] the U.S. Forest Service, and are and mark your message for return BILLING CODE 4310–Y7–M necessary for the management of receipt. Include your name and return resources. The lands surveyed are: address in your message text. The plat and field notes representing FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE INTERIOR the dependent resurvey of Mineral Arlene Bajusz, Rules Processing Team, Survey Nos. 64 and 66, Township 15 (703) 787–1600. You may also contact Bureau of Land Management North, Range 86 West, Sixth Principal Arlene Bajusz to obtain a copy, at no [WY–957–04–1910–BJ–5BPA] Meridian, Wyoming, was accepted cost, of forms MMS–126 and MMS–127. August 3, 2004. SUPPLEMENTARY INFORMATION: Notice of Filing of Plats of Survey, Copies of the preceding described plat Titles and OMB Control Numbers: Nebraska and field notes are available to the Form MMS–126, Well Potential Test public at a cost of $1.10 per page. Report (WPT), 1010–0039. SUMMARY: The Bureau of Land Dated: August 13, 2004. Form MMS–127, Sensitive Reservoir Management (BLM) is scheduled to file Information Report (SRI), 1010–0018. the plats of surveys of the lands John P. Lee, Abstract: The Outer Continental Shelf described below thirty (30) calendar Chief Cadastral Surveyor, Division of Support (OCS) Lands Act, as amended (43 U.S.C. days from the date of this publication in Services. 1331 et seq. and 43 U.S.C. 1801 et seq.), the BLM Wyoming State Office, [FR Doc. 04–18995 Filed 8–18–04; 8:45 am] authorizes the Secretary of the Interior Cheyenne, Wyoming. BILLING CODE 4310–22–P (Secretary) to prescribe rules and FOR FURTHER INFORMATION CONTACT: regulations to administer leasing of the Bureau of Land Management, 5353 OCS. Such rules and regulations will Yellowstone Road, PO Box 1828, DEPARTMENT OF THE INTERIOR apply to all operations conducted under Cheyenne, Wyoming 82003. Minerals Management Service a lease. Operations on the OCS must SUPPLEMENTARY INFORMATION: These preserve, protect, and develop oil and surveys were executed at the request of Agency Information Collection natural gas resources in a manner that the Bureau of Indian Affairs and are Activities: Submitted for Office of is consistent with the need to make such necessary for the management of these Management and Budget (OMB) resources available to meet the Nation’s lands. The lands surveyed are: The plat Review; Comment Request energy needs as rapidly as possible; to and field notes representing the balance orderly energy resource dependent resurvey of portions of the AGENCY: Minerals Management Service development with protection of human, subdivisional lines and subdivision of (MMS), Interior. marine, and coastal environments; to section lines, and the survey of the ACTION: Notice of extension of two ensure the public a fair and equitable subdivision of section 34, Township 26 currently approved information return on the resources of the OCS; and

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to preserve and maintain free enterprise regulations (43 CFR part 2) and under which they should send comments. This competition. regulations at 30 CFR 250.196, ‘‘Data information is also contained in the Section 5(a) of the OCS Lands Act and information to be made available to PRA statement on each of the forms. We requires the Secretary to prescribe rules the public.’’ No items of a sensitive have received no comments in response and regulations ‘‘to provide for the nature are collected. Responses are to these efforts. prevention of waste, and conservation of mandatory. If you wish to comment in response the natural resources of the Outer Frequency: On occasion but not less to this notice, you may send your Continental Shelf, and the protection of than annually. comments to the offices listed under the correlative rights therein’’ and to Estimated Number and Description of ADDRESSES section of this notice. OMB include provisions ‘‘for the prompt and Respondents: Approximately 151 has up to 60 days to approve or efficient exploration and development Federal OCS oil and gas or sulphur disapprove the information collection of a lease area.’’ lessees. but may respond after 30 days. These information collection requests Estimated Reporting and Therefore, to ensure maximum (ICRs) concern forms used to collect Recordkeeping ‘‘Hour’’ Burden: The consideration, OMB should receive information required under 30 CFR part estimated annual ‘‘hour’’ burden for public comments by September 20, 250. Various sections of 30 CFR part form MMS–126 is a total of 795 hours 2004. 250, subpart K, require respondents to (average burden of 0.6 hour per form). Public Comment Policy: MMS’s submit forms MMS–126 and MMS–127. The estimated annual ‘‘hour’’ burden for practice is to make comments, including MMS District and Regional Supervisors form MMS–127 is a total of 1,194 hours names and addresses of respondents, use the information on form MMS–126 (average burden of 1.2 hours per form). available for public review during for various environmental, reservoir, Estimated Reporting and regular business hours. If you wish your reserves, and conservation analyses, Recordkeeping ‘‘Non-Hour Cost’’ name and/or address to be withheld, including the determination of Burden: MMS has identified no ‘‘non- you must state this prominently at the maximum production rates (MPRs) hour cost’’ burden associated with beginning of your comment. MMS will when necessary for certain oil and gas either form MMS–126 or MMS–127. honor the request to the extent Public Disclosure Statement: The PRA completions. The form contains allowable by the law; however, (44 U.S.C. 3501, et seq.) provides that an information concerning the conditions anonymous comments will not be agency may not conduct or sponsor a and results of a well potential test. This considered. All submissions from collection of information unless it requirement implements the organizations or businesses, and from displays a currently valid OMB control conservation provisions of the OCS individuals identifying themselves as number. Until OMB approves a Lands Act and 30 CFR part 250. The representatives or officials of collection of information, you are not information obtained from the well organizations or businesses, will be potential test is essential to determine if obligated to respond. Comments: Section 3506(c)(2)(A) of made available for public inspection in an MPR is necessary for a well and to their entirety. establish the appropriate rate. It is not the PRA (44 U.S.C. 3501, et seq.) requires each agency ’’* * * to provide MMS Federal Register Liaison Officer: possible to specify an MPR in the Denise Johnson (202) 208–3976. absence of information about the notice * * * and otherwise consult production rate capability (potential) of with members of the public and affected Dated: April 14, 2004. the well. agencies concerning each proposed E.P. Danenberger, MMS District and Regional collection of information * * *’’ Chief, Engineering and Operations Division. Supervisors use the information Agencies must specifically solicit [FR Doc. 04–19003 Filed 8–18–04; 8:45 am] submitted on form MMS–127 to comments to: (a) Evaluate whether the BILLING CODE 4310–MR–P determine whether a rate-sensitive proposed collection of information is reservoir is being prudently developed. necessary for the agency to perform its This represents an essential control duties, including whether the INTERNATIONAL TRADE mechanism that MMS uses to regulate information is useful; (b) evaluate the COMMISSION production rates from each sensitive accuracy of the agency’s estimate of the reservoir being actively produced. burden of the proposed collection of [Investigations Nos. 731–TA–1063–1068 Occasionally, the information available information; (c) enhance the quality, (Final)] usefulness, and clarity of the on a reservoir early in its producing life Certain Frozen or Canned Warmwater may indicate it to be non-sensitive, information to be collected; and (d) Shrimp and Prawns From Brazil, while later and more complete minimize the burden on the China, Ecuador, India, Thailand, and information would establish the respondents, including the use of Vietnam reservoir as being sensitive. Production automated collection techniques or from a well completed in the gas cap of other forms of information technology. AGENCY: United States International a sensitive reservoir requires approval To comply with the public Trade Commission. from the Regional Supervisor. The consultation process, on December 12, ACTION: Scheduling of the final phase of information submitted on form MMS– 2003, we published a Federal Register antidumping investigations. 127 provides reservoir parameters that notice (68 FR 69419) announcing that are revised at least annually or sooner we would submit this ICR to OMB for SUMMARY: The Commission hereby gives if reservoir development results in a approval. The notice provided the notice of the scheduling of the final change in reservoir interpretation. The required 60-day comment period. In phase of antidumping investigations engineers and geologists use the addition, § 250.199 provides the OMB Nos. 731–TA–1063–1068 (Final) under information for rate control and control numbers for the information section 735(b) of the Tariff Act of 1930 reservoir studies. collection requirements imposed by the (19 U.S.C. 1673d(b)) (the Act) to MMS will protect information from 30 CFR part 250 regulations and forms; determine whether an industry in the respondents considered proprietary specifies that the public may comment United States is materially injured or under the Freedom of Information Act at anytime on these collections of threatened with material injury, or the (5 U.S.C. 552) and its implementing information; and provides the address to establishment of an industry in the

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United States is materially retarded, by Investigations, U.S. International Trade in this notice. Authorized applicants reason of less-than-fair-value imports Commission, 500 E Street, SW., must represent interested parties, as from Brazil, China, Ecuador, India, Washington, DC 20436. Hearing- defined by 19 U.S.C. 1677(9), who are Thailand, and Vietnam of certain frozen impaired persons can obtain parties to the investigations. A party or canned warmwater shrimp and information on this matter by contacting granted access to BPI in the preliminary prawns, provided for in subheadings the Commission’s TDD terminal on phase of the investigations need not 0306.13.00 and 1605.20.10 of the (202) 205–1810. Persons with mobility reapply for such access. A separate Harmonized Tariff Schedule of the impairments who will need special service list will be maintained by the United States (HTSUS).1 assistance in gaining access to the Secretary for those parties authorized to For further information concerning Commission should contact the Office receive BPI under the APO. the conduct of this phase of the of the Secretary at (202) 205–2000. Staff report.—The prehearing staff investigations, hearing procedures, and General information concerning the report in the final phase of these rules of general application, consult the Commission may also be obtained by investigations will be placed in the Commission’s Rules of Practice and accessing its Internet server (http:// nonpublic record on November 15, Procedure, part 201, subparts A through www.usitc.gov). The public record for 2004, and a public version will be E (19 CFR part 201), and part 207, these investigations may be viewed on issued thereafter, pursuant to section subparts A and C (19 CFR part 207). the Commission’s electronic docket 207.22 of the Commission’s rules. DATES: Effective: July 16, 2004 (China (EDIS) at http://edis.usitc.gov. Hearing.—The Commission will hold a hearing in connection with the final and Vietnam); August 4, 2004 (Brazil, SUPPLEMENTARY INFORMATION: phase of these investigations beginning Ecuador, India, and Thailand). Background.—The final phase of at 9:30 a.m. on December 1, 2004, at the FOR FURTHER INFORMATION CONTACT: Jim these investigations is being scheduled McClure ((202) 205–3191), Office of U.S. International Trade Commission as a result of affirmative preliminary Building. Requests to appear at the determinations by the Department of 1 hearing should be filed in writing with For purposes of these investigations, the Commerce that imports of certain frozen Department of Commerce has defined the subject the Secretary to the Commission on or merchandise as ‘‘certain warmwater shrimp and or canned warmwater shrimp and before November 19, 2004. A nonparty prawns, whether frozen or canned, wild-caught prawns from Brazil, China, Ecuador, who has testimony that may aid the (ocean harvested) or farm-raised (produced by India, Thailand, and Vietnam are being Commission’s deliberations may request aquaculture), head-on or head-off, shell-on or sold in the United States at less than fair peeled, tail-on or tail-off, deveined or not deveined, permission to present a short statement cooked or raw, or otherwise processed in frozen or value within the meaning of section 733 at the hearing. All parties and canned form. of the Act (19 U.S.C. 1673b). The nonparties desiring to appear at the ‘‘The frozen or canned warmwater shrimp and investigations were requested in prawn products included in the scope of the hearing and make oral presentations investigation, regardless of definitions in the petitions filed on December 31, 2003, by should attend a prehearing conference Harmonized Tariff Schedule of the United States the Ad Hoc Shrimp Trade Action to be held at 9:30 a.m. on November 23, (HTSUS), are products which are processed from Committee, Washington, DC. 2004, at the U.S. International Trade warmwater shrimp and prawns through either Participation in the investigations and freezing or canning and which are sold in any count Commission Building. Oral testimony size. public service list.—Persons, including and written materials to be submitted at ‘‘The products described above may be processed industrial users of the subject the public hearing are governed by from any species of warmwater shrimp and prawns. merchandise and, if the merchandise is sections 201.6(b)(2), 201.13(f), and Warmwater shrimp and prawns are generally sold at the retail level, representative classified in, but are not limited to, the Penaeidae 207.24 of the Commission’s rules. family. Some examples of the farmed and wild- consumer organizations, wishing to Parties must submit any request to caught warmwater species include, but are not participate in the final phase of these present a portion of their hearing limited to, whiteleg shrimp (Penaeus vannemei), investigations as parties must file an testimony in camera no later than 7 banana prawn (Penaeus merguiensis), fleshy prawn entry of appearance with the Secretary (Penaeus chinensis), giant river prawn days prior to the date of the hearing. (Macrobrachium rosenbergii), giant tiger prawn to the Commission, as provided in Written submissions.—Each party (Penaeus monodon), redspotted shrimp (Penaeus section 201.11 of the Commission’s who is an interested party shall submit brasiliensis), southern brown shrimp (Penaeus rules, no later than 21 days prior to the a prehearing brief to the Commission. subtilis), southern pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus hearing date specified in this notice. A Prehearing briefs must conform with the curvirostris), southern white shrimp (Penaeus party that filed a notice of appearance provisions of section 207.23 of the schmitti), blue shrimp (Penaeus stylirostris), during the preliminary phase of the Commission’s rules; the deadline for western white shrimp (Penaeus occidentalis), and investigations need not file an Indian white prawn (Penaeus indicus). filing is November 22, 2004. Parties may ‘‘Frozen shrimp and prawns that are packed with additional notice of appearance during also file written testimony in connection marinade, spices or sauce are included in the scope this final phase. The Secretary will with their presentation at the hearing, as of the investigation. In addition, food preparations, maintain a public service list containing provided in section 207.24 of the which are not ‘‘prepared meals,’’ that contain more the names and addresses of all persons, than 20 percent by weight of shrimp or prawn are Commission’s rules, and posthearing also included in the scope of the investigation. or their representatives, who are parties briefs, which must conform with the ‘‘Excluded from the scope are (1) breaded shrimp to the investigations. provisions of section 207.25 of the and prawns (1605.20.10.20); (2) shrimp and prawns Limited disclosure of business Commission’s rules. The deadline for generally classified in the Pandalidae family and proprietary information (BPI) under an filing posthearing briefs is December 8, commonly referred to as coldwater shrimp, in any state of processing; (3) fresh shrimp and prawns administrative protective order (APO) 2004; witness testimony must be filed whether shell-on or peeled (0306.23.00.20 and and BPI service list.—Pursuant to no later than three days before the 0306.23.00.40); (4) shrimp and prawns in prepared section 207.7(a) of the Commission’s hearing. In addition, any person who meals (1605.20.05.10); and (5) dried shrimp and prawns. rules, the Secretary will make BPI has not entered an appearance as a party ‘‘The products covered by this scope are currently gathered in the final phase of these to the investigations may submit a classifiable under the following HTSUS investigations available to authorized written statement of information subheadings: 0306.13.00.03, 0306.13.00.06, applicants under the APO issued in the pertinent to the subject of the 0306.13.00.09, 0306.13.00.12, 0306.13.00.15, investigations, provided that the investigations on or before December 8, 0306.13.00.18, 0306.13.00.21, 0306.13.00.24, 0306.13.00.27, 0306.13.00.40, 1605.20.10.10, application is made no later than 21 2004. On December 27, 2004, the 1605.20.10.30, and 1605.20.10.40. ’’ days prior to the hearing date specified Commission will make available to

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parties all information on which they likely to lead to continuation or other than an interested party to the have not had an opportunity to recurrence of material injury within a review may file written comments with comment. Parties may submit final reasonably foreseeable time. For further the Secretary on what determination the comments on this information on or information concerning the conduct of Commission should reach in the review. before December 29, 2004, but such this review and rules of general Comments are due on or before final comments must not contain new application, consult the Commission’s September 7, 2004, and may not contain factual information and must otherwise Rules of Practice and Procedure, part new factual information. Any person comply with section 207.30 of the 201, subparts A through E (19 CFR part that is neither a party to the five-year Commission’s rules. All written 201), and part 207, subparts A, D, E, and review nor an interested party may submissions must conform with the F (19 CFR part 207). submit a brief written statement (which provisions of section 201.8 of the DATES: August 6, 2004. shall not contain any new factual Commission’s rules; any submissions FOR FURTHER INFORMATION CONTACT: information) pertinent to the review by that contain BPI must also conform with Debra Baker ((202) 205–3180), Office of September 7, 2004. However, should the the requirements of sections 201.6, Investigations, U.S. International Trade Department of Commerce extend the 207.3, and 207.7 of the Commission’s Commission, 500 E Street, SW., time limit for its completion of the final rules. The Commission’s rules do not Washington, DC 20436. Hearing- results of its review, the deadline for authorize filing of submissions with the impaired persons can obtain comments (which may not contain new Secretary by facsimile or electronic information on this matter by contacting factual information) on Commerce’s means, except to the extent permitted by the Commission’s TDD terminal on final results is three business days after section 201.8 of the Commission’s rules, (202) 205–1810. Persons with mobility the issuance of Commerce’s results. If as amended, 67 FR 68036 (November 8, impairments who will need special comments contain business proprietary 2002). assistance in gaining access to the information (BPI), they must conform In accordance with sections 201.16(c) Commission should contact the Office with the requirements of sections 201.6, and 207.3 of the Commission’s rules, of the Secretary at (202) 205–2000. 207.3, and 207.7 of the Commission’s each document filed by a party to the General information concerning the rules. The Commission’s rules do not investigations must be served on all Commission may also be obtained by authorize filing of submissions with the other parties to the investigations (as accessing its Internet server (http:// Secretary by facsimile or electronic identified by either the public or BPI www.usitc.gov). The public record for means, except to the extent permitted by service list), and a certificate of service this review may be viewed on the section 201.8 of the Commission’s rules, must be timely filed. The Secretary will Commission’s electronic docket (EDIS) as amended, 67 FR 68036 (November 8, not accept a document for filing without at http://edis.usitc.gov. 2002). In accordance with sections 201.16(c) a certificate of service. SUPPLEMENTARY INFORMATION: and 207.3 of the rules, each document Authority: These investigations is being Background.—On August 6, 2004, the Commission determined that the filed by a party to the review must be conducted under authority of title VII of the served on all other parties to the review Tariff Act of 1930; this notice is published domestic interested party group pursuant to section 207.21 of the response to its notice of institution (69 (as identified by either the public or BPI Commission’s rules. FR 24191, May 3, 2004) of the subject service list), and a certificate of service five-year review was adequate and that must be timely filed. The Secretary will By order of the Commission. not accept a document for filing without Dated: August 13, 2004. the respondent interested party group response was inadequate. The a certificate of service. Marilyn R. Abbott, Commission did not find any other Authority: This review is being conducted Secretary to the Commission. circumstances that would warrant under authority of title VII of the Tariff Act [FR Doc. 04–18985 Filed 8–18–04; 8:45 am] conducting a full review.1 Accordingly, of 1930; this notice is published pursuant to BILLING CODE 7020–02–P the Commission determined that it section 207.62 of the Commission’s rules. would conduct an expedited review By order of the Commission. pursuant to section 751(c)(3) of the Act. Dated: August 13, 2004. INTERNATIONAL TRADE Staff report.—A staff report Marilyn R. Abbott, COMMISSION containing information concerning the Secretary to the Commission. [Investigation No. 731–TA–244 (Second subject matter of the review will be [FR Doc. 04–18986 Filed 8–18–04; 8:45 am] Review)] placed in the nonpublic record on BILLING CODE 7020–02–P September 1, 2004, and made available Natural Bristle Paintbrushes From to persons on the Administrative China Protective Order service list for this DEPARTMENT OF JUSTICE review. A public version will be issued AGENCY: United States International thereafter, pursuant to section Drug Enforcement Administration Trade Commission. 207.62(d)(4) of the Commission’s rules. ACTION: Scheduling of an expedited five- Written submissions.—As provided in Steven A. Barnes, M.D.; Revocation of year review concerning the antidumping section 207.62(d) of the Commission’s Registration duty order on natural bristle rules, interested parties that are parties paintbrushes from China. to the review and that have provided On September 16, 2004, the Deputy individually adequate responses to the Assistant Administrator, Office of SUMMARY: The Commission hereby gives notice of institution,2 and any party Diversion Control, Drug Enforcement notice of the scheduling of an expedited Administration (DEA), issued an Order review pursuant to section 751(c)(3) of 1 A record of the Commissioners’ votes, the the Tariff Act of 1930 (19 U.S.C. Commission’s statement on adequacy, and any Purdy Corp.; Shur-Line; True Value Manufacturing; 1675(c)(3)) (the Act) to determine individual Commissioner’s statements will be and Wooster Brush Co., and the response of the available from the Office of the Secretary and at the Paint Applicator Division of the American Brush whether revocation of the antidumping Commission’s Web site. Manufacturers Association, to be individually duty order on natural bristle 2 The Commission has found the responses adequate. Comments from other interested parties paintbrushes from China would be submitted by Bestt Liebco; Elder & Jenks, Inc.; will not be accepted (see 19 CFR 207.62(d)(2)).

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to Show Cause to Steven A. Barnes, drugs, narcotics, chemicals, or other Registration, BB4875437, issued to M.D. (Dr. Barnes) who was notified of substance.’’ Steven A. Barnes, M.D., be, and it an opportunity to show cause as to why On April 5, 2002, the Board and Dr. hereby is, revoked. The Deputy DEA should not revoke his DEA Barnes entered into an Agreed Order. Administrator further orders that any Certificate of Registration, BB4875437, The Agreed Order restricted Dr. Barnes’ pending applications for renewal or under 21 U.S.C. 824(a)(3) and (a)(4), and practice of medicine for a period of five modification of the aforementioned deny any pending applications for years under various terms and registration be, and it hereby is, denied. renewal or modification of that conditions, including Dr. Barnes This order is effective September 20, registration. Specifically, the Order to agreement to abstain from ‘‘the 2004. consumption of alcohol, dangerous Show Cause alleged that Dr. Barnes was Dated: July 27, 2004. without State license to handle drugs, or controlled substances in any Michele M. Leonhart, controlled substances in the State of form unless prescribed by another Texas. The Order to Show Cause also physician for legitimate and Deputy Administrator. notified Dr. Barnes that should no documented therapeutic purposes.’’ [FR Doc. 04–18972 Filed 8–18–04; 8:45 am] request for a hearing be filed within 30 On February 27, 2003, the Board was BILLING CODE 4410–09–M days, his hearing right would be deemed notified by a State drug testing service waived. that on February 25, 2003, Dr. Barnes The Order to Show Cause was sent by tested positive for cocaine from a head DEPARTMENT OF JUSTICE certified mail to Dr. Barnes at his hair sample. Additionally, the Board has Drug Enforcement Administration registered location in Houston, Texas. been previously notified by the drug The order was returned to DEA on testing service that Dr. Barnes had ‘‘a [Docket No. 03–15] October 20, 2003, by the United States negative dilute drug tests on June 4, Postal Service with a stamped notation: 2002, and October 2, 2002.’’ After K & Z Enterprises, Inc.; Denial of ‘‘attempted, not known.’’ On December reviewing evidence presented by the Application 17, 2003, DEA again mailed the Order Board staff and Dr. Barnes before a On December 13, 2002, the Deputy to Show Cause to Dr. Barnes at a second Board panel on March 21, 2003, the Assistant Administrator, Office of address, however, the order was not panel found that Dr. Barnes violated the Diversion Control, Drug Enforcement returned. DEA has not received a terms of the April 5, 2002, Agreed Order Administration (DEA), issued an Order request for hearing or any other reply by ingesting cocaine. As a result, the from Dr. Barnes or anymore purporting Board entered an Order on May 27, to Show Cause to K & Z Enterprises, to represent him in this matter. 2003, suspending Dr. Barnes’ Texas Incorporated, d/b/a/ Georgia Wholesale Therefore, the Deputy Administrator medical license. There is no evidence (Respondent), proposing to deny its of DEA, finding that (1) thirty days before the Deputy Administrator to application executed on June 15, 2001, having passed since the attempted rebut findings that Dr. Barnes’ Texas for DEA Certificate of Registration as a delivery of the Order to Show Cause to medical license has been suspended, or distributor of list I chemicals. The Order the registrant’s address of record, as that the suspension has been lifted. to Show Cause alleged that granting the well as to a second address, and (2) no Therefore, the Deputy Administrator application of the Respondent would be request for hearing having been finds that since Dr. Barnes is currently inconsistent with the public interest as received, concludes that Dr. Barnes is not authorized to practice medicine in that term is used in 21 U.S.C. 823(h) and deemed to have waived his hearing Texas, it is reasonable to infer that he is 824(a). right. See David W. Linder, 67 FR 12579 not authorized to handle controlled The Order to Show Cause was (2002). After considering material from substances in that State. delivered to the Respondent by certified the investigative file in this matter, the DEA does not have statutory authority mail, and on January 22, 2003, the Deputy Administrator now enters her under the Controlled Substances Act to Respondent, through its president final order without a hearing pursuant issue or maintain a registration if the Kamar Hamrani (Mr. Hamrani), to 21 CFR 1301.43(d) and (e) and applicant or registrant is without State submitted a written response essentially 1301.46. authority to handle controlled addressing the allegation in the Order to The Deputy Administrator finds that substances in the State in which he Show Cause. However, there was no Dr. Barnes is currently registered with conducts business. See 21 U.S.C. mention of any request for hearing in DEA as a practitioner authorized to 802(21), 823(f) and 824(a)(3). This the Respondent’s letter. handle controlled substances in prerequisite has been consistently On February 10, 2003, the presiding Schedules II through V. According to upheld. See Richard J. Clement, M.D., Administrative Law Judge Gail A. information in the investigative file, on 68 FR 12103 (2003); Dominick A. Ricci, Randall (Judge Randall) issued an Order March 15, 2002, DEA received M.D., 58 FR 51104 (1993); Bobby Watts, for Prehearing Statements, directing the information from the Texas Department M.D., 53 FR 11919 (1988). respective parties to file pre-hearing of Public Safety (DPS) regarding the Here it is clear that Dr. Barnes’ statements. However, in lieu of filing a termination of Dr. Barnes’ DPS medical license has been suspended and pre-hearing statement, counsel for DEA Controlled Substance Registration the suspension has not been lifted. As filed Government’s Request for Finding Certificate. The DPS action with respect a result, Dr. Barnes is not licensed to and Motion for Summary Disposition on to Dr. Barnes’ State controlled substance handle controlled substances in Texas, February 12, 2003. The Government registration was taken in conjunction where he is registered with DEA. argued, inter alia, that there was no with the temporary suspension of his Therefore, he is not entitled to maintain language in any of the Respondent’s State medical license by the Texas State that registration. written submissions where a hearing Board of Medical Examiners (Board). In Accordingly, the Deputy was requested, as required by 21 CFR support of its order of temporary Administrator of the Drug Enforcement 1309.53. The Government therefore suspension, the Board found that Dr. Administration, pursuant to the requested that Judge Randall make a Barnes was unable to practice medicine authority vested in her by 21 U.S.C. 823 finding that the Respondent had waived ‘‘* * * with reasonable skill and safety and 824 and 28 CFR 0.100(b) and 0.104, its right to a hearing and the contents of to patients because of excessive use of hereby orders that DEA Certificate of the Respondent’s written submissions

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be submitted to the Deputy On October 27, 2001, DEA diversion determined under that section. Section Administrator for determination as to investigators conducted a pre- 823(h) requires the following factors be whether or not a registration should be registration inspection of the considered in determining the public issued. Respondent’s premises, where they met interest: By Order dated February 19, 2003, with Mr. Hamrani. During the (1) Maintenance of effective controls Judge Randall afforded the Respondent inspection, investigators advised Mr. against diversion of listed chemicals an opportunity to respond to the Hamrani of regulatory requirements and into other than legitimate channels; Government’s motion. The Respondent problems surrounding the diversion of (2) Compliance with applicable was directed to file its response by list I chemicals. The investigators also Federal, State, and local law; March 12, 2003, however, no such reviewed security, recordkeeping, and (3) Any prior conviction record under response was ever submitted. Judge distribution procedures with Mr. Federal or State laws relating to Randall found that a hearing had not Hamrani and provided him with controlled substances or to chemicals been requested in this proceeding and appropriate materials regarding DEA controlled under Federal or State law; on March 18, 2003, issued an Order requirements for handlers of listed (4) Any past experience in the Terminating Proceedings. Following the chemicals. manufacture and distribution of termination of proceedings, Judge DEA’s inspection revealed that chemicals; and Randall transmitted the matter to the Respondent had become incorporated (5) Such other factors as are relevant Deputy Administrator for issuance of a on March 9, 2001. Mr. Hamrani to and consistent with the public health final order. informed DEA investors that his and safety. In light of the above, the Deputy previous business experience was as a As with the public interest analysis Administrator similarly finds that the manager/owner of gasoline stations with for practitioners and pharmacies Respondent has waived its hearing attached convenience stores. pursuant to subsection (f) of section 823, right. Aqui Enterprises, 67 FR 12576 Respondent’s primary business consists these factors are to be considered in the (2002). After considering relevant of wholesale distribution of disjunctive; the Deputy Administrator material from the investigative file in merchandise to retail convenience may rely on any one or combination of this matter, the Deputy Administrator stores and jobbers, with a product line factors, and may give each factor the now enters her final order without a that included soda and juice drinks, weight she deems appropriate in hearing pursuant to 21 CFR 1309.53(c) automotive oil, and various snacks. Mr. determining whether a registration and (d) and 1316.67 (2003). Hamrani told DEA investigators of his should be revoked or an application for List I chemicals are those that may be desire to sell to his customers two boxes registration denied. See, e.g., Energy used in the manufacture of a controlled of 24 bottles and two boxes of 24 blister Outlet, 64 FR 14269 (1999). See also substance in violation of the Controlled paks of ‘‘Heads-Up,’’ ‘‘Max Brand,’’ and Henry J. Schwartz, Jr., M.D., 54 Fed. Reg. Substances Act. 21 U.S.C. 802(34); 21 ‘‘Mini-Two-Way’’ ephedrine products, 16422 (1989). CFR 1310.02(a). Pseudoephedrine and as well as nationally recognized The Deputy Administrator finds ephedrine are list I chemicals pseudoephedrine brand products. Mr. factors four and five relevant to the commonly used to illegally manufacture Hamrani estimated that the sale of list Respondent’s pending registration methamphetamine, a Schedule II I chemical products by his firm would application. controlled substance. constitute less than one percent of total With respect to factor four, the Phenylpropanolamine, also a list I sales. DEA also requested, and Mr. applicant’s past experience in the chemical, is presently a legitimately Hamrani provided, a list of distribution of chemicals, the Deputy manufactured and distributed product Respondent’s proposed customers. Administrator finds this factor relevant used to provide relief of the symptoms From March through June 2002, DEA to Mr. Hamrani’s apparent lack of resulting from irritation of the sinus, investigators conducted verifications of experience in the handling of list I nasal, and upper respiratory tract eighteen establishments from the list of chemical products. The DEA tissues, and is also used for weight prospective customers provided by the investigative file shows that the control. Phenylpropanolamine is also a Respondent. These customers were Respondent is a retailer of general precursor chemical used in the illicit located in the vicinity of Atlanta and merchandise and before that, Mr. manufacture of methamphetamine and Lawrenceville, Georgia and were Hamrani operated gasoline stations with amphetamine. Methamphetamine is an comprised primarily of convenience attached convenience stores. Mr. extremely potent central nervous system stores and gas station’s. DEA’s Hamrani’s past history as an stimulant, and its abuse is an ongoing investigation revealed that four of the entrepreneur suggests that he has not public health concern in the United purported customers did not exist. Two had any experience in handling listed States. retailers refused to cooperate with chemical products. In prior DEA The Deputy Administrator’s review of DEA’s investigation and another decisions, the lack of experience in the the investigative file reveals the DEA purported customer did not sell over- handling of list I chemicals was a factor received an application dated June 15, the-counter products of any kind. in a determination to deny a pending 2001, from the Respondent. The Several of the gas station’s customers application for DEA registration. See, Respondent’s address of record is a informed DEA personnel that while they Matthew D. Graham, 67 FR 10229 location in Doraville, Georgia. The purchased beverage and other non-drug (2002); Xtreme Enterprises, Inc. 67 FR application was submitted on behalf of products from the Respondent, they had 76195 (2002). Therefore, this factor the Respondent by Mr. Hamrani. The no agreement to purchase over-the- similarly weighs against the granting of Respondent initially sought DEA counter medication products from the Respondent’s pending application. registration as a distributor of the list I Respondent. With respect to factor five, other chemicals ephedrine, pseudoephedrine, Pursuant to 21 U.S.C. 823(h), the factors relevant to and consistent with and phenylpropanolamine. However, Deputy Administrator may deny an the public safety, the Deputy Mr. Hamrani subsequently informed application for Certificate of Administrator finds this factor relevant DEA in writing of his desire to Registration if she determines that to the Respondent’s proposal to withdraw phenylpropanolamine from granting the registration would be distribute listed chemical products his company’s registration application. inconsistent with the public interest as primarily to convenience stores and gas

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stations. While there are no specific Administration (DEA), issued an Order arrests in California involving the prohibitions under the Controlled to Show Cause to David A. Hoxie, M.D. Respondent. To that end, a diversion Substance Act regarding the sale of (Respondent), proposing to revoke his investigator from the Los Angeles Field listed chemical products to these DEA Certificate of Registration, Division contacted the city’s police entities, DEA has nevertheless found BH4678833, pursuant to 21 U.S.C. department to obtain arrest records that business establishments such as gas 824(a)(1) and 824(a)(4), and deny any pertaining to the Respondent. The Los stations and convenience stores pending applications for renewal of Angeles investigator also provided to constitute sources for the diversion of registration as a practitioner under 21 the Bureau of Records, in Sacramento, listed chemical products. See e.g., U.S.C. 823(f). The Order to Show Cause Respondent’s date of birth and Social Sinbad Distributing, 67 FR 10232, 10233 alleged in relevant part that the Security number to further his search of (2002); K.V.M. Enterprises, 67 FR 70968 Respondent materially falsified DEA arrest records involving the Respondent. (2002) (denial of application based in applications for registration and that his According to a Los Angeles Police part upon information developed by continued registration would be Department arrest report which was DEA that the applicant proposed to sell inconsistent with the public interest. admitted into the record of this listed chemicals to gas stations, and the By letter dated September 15, 2002, proceeding, on or around December 15, fact that these establishments in turn the Respondent requested a hearing on 1973, the Respondent was arrested and have sold listed chemical products to the issues raised by the Order to Show charged with possession of marijuana. individuals engaged in the illicit Cause. Following pre-hearing However, there is no record regarding manufacture of methamphetamine); procedures, a hearing was held on the disposition of this charge. The Xtreme Enterprises, Inc., supra. August 26, 2003, in Columbus, Ohio. record also contains an arrest report for The Deputy Administrator also finds Counsel for the Government presented September 19, 1978, which documents factor five relevant to the results of the testimony of three witnesses and the Respondent’s arrest on a charge of DEA’s verification of the Respondent’s introduced documentary evidence. The ‘‘Poss Controlled Substance.’’ As with proposed customers. Among the Respondent did not testify on his behalf the Respondent’s prior arrest, the record Respondent’s potential customers were or introduce any documentary evidence. is silent with regard to the disposition four establishments no longer in After the hearing, both parties submitted of this charge. existence; two that refused to cooperate written proposed findings of fact, The record also contains a Los with DEA investigator; one that did not conclusions of law, and argument. Angeles Consolidated Booking Form sell over-the-counter products of any On April 7, 2004, Administrative Law which documents the July 6, 1980, kind; and several that had no standing Judge Gail A. Randall (Judge Randall) arrest of the Respondent on the charge agreement to purchase any over-the- issued her Opinion and Recommended of driving under the influence of drugs. counter medication products from Ruling, Findings of Fact, Conclusions of However, the record is unclear as to the Law and Decision (Opinion and disposition of this charge. The record Respondent. DEA has previously found Recommended Ruling), recommending contains yet another arrest report dated that incomplete customer information, that Respondent’s DEA Certificate of July 11, 1981, which documents the or questionable conduct by customers Registration be revoked and that any arrest of the Respondent on the charge are grounds to deny an application to pending applications to renew or of driving under the influence of alcohol distribute list I chemicals. Island modify that registration be denied. On and drugs. A field sobriety test Wholesale, 68 FR 17406 (2003); Shani May 24, 2004, counsel for the performed at the time of the arrest Distributors, 68 FR 62324 (2003). Respondent filed exceptions to Judge describes Respondent as having ‘‘very Accordingly, the Deputy Randall’s Opinion and Recommended poor’’ coordination, ‘‘very thick and Administrator of the Drug Enforcement Ruling and on May 26, 2004, Judge slurred’’ speech, and ‘‘tottering Administration, pursuant to the Randall transmitted the record of these unsteady, falling/stumbling’’ balance. authority vested in her by 21 U.S.C. 823 proceedings to the Administrator of The report also notes that the and 28 CFR 0.100(b) and 0.104, hereby DEA. Respondent later entered into treatment orders that the pending application for The Deputy Administrator has where he apparently conveyed to the DEA Certificate of Registration, considered the record in its entirety, treating physician that he had smoked previously submitted by K & Z and pursuant to 21 CFR 1316.67, hereby two PCP (phenylcyclohexylamine) Enterprises, Incorporated be, and it issues her final order based upon cigarettes. hereby is, denied. This order is effective findings of fact and conclusions of law The above arrest record also September 20, 2004. as hereinafter set forth. The Deputy contained a document entitled ‘‘Los Dated: July 27, 2004. Administrator adopts in full the Angeles PD Disposition of Arrest and Michele M. Leonhart, recommended ruling, findings of fact, Court Action.’’ The exhibit identifies the Deputy Administrator. conclusions of law and decision of the Respondent as the arrestee and lists his [FR Doc. 04–18969 Filed 8–18–04; 8:45 am] Administrative Law Judge. Her adoption date of birth. However, the section of is in no manner diminished by any the form entitled ‘‘Court Information’’ BILLING CODE 4410–09–M recitation of facts, issues, or conclusions was blank and therefore, the disposition herein, or of any failure to mention a of this charge is unclear. DEPARTMENT OF JUSTICE matter of fact or law. The Respondent was again arrested on The record before the Deputy August 7, 1983, and charged with Drug Enforcement Administration Administrator shows that as of the date possession of PCP. A Government of the hearing, the Respondent was witness testified that he obtained [Docket No. 03–1] licensed to practice medicine in the information that the Respondent had David A. Hoxie, M.D.; Revocation of State of Ohio. A review of the record in entered a final plea of ‘‘Nolo’’ to two Registration this proceeding reveals that in or around misdemeanor charges, one for 2002, DEA’s Columbus, Ohio office possession of a controlled substance in On August 21, 2002, the Deputy sought assistance from the agency’s Los violation of the State Health and Safety Assistant Administrator, Office of Angeles Field Division in obtaining Code, and a second charge related to a Diversion Control, Drug Enforcement information on any possible prior vehicle code violation. Pursuant to a

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plea agreement, the Respondent The record also contains the determines that the continued received a suspended sentence for 90 Respondent’s application for an Ohio registration would be inconsistent with days in jail, and given credit for time medical license, signed before a Notary the public interest. Section 823(f) served. On November 30, 1983, the Public on June 17, 1996. A review of requires that the following factors be charges were disposed of, and the that application reveals that Respondent considered in determining the public Respondent was placed on prohibition provided a ‘‘No’’ response to the interest: for two years, ending on November 29, following question: ‘‘Have you ever (1) The recommendation of the 1985. been convicted or found guilty of a appropriate State licensing board or As with Respondent’s prior arrests, violation of Federal law, State law, or professional disciplinary authority. the record is unclear as to the total municipal ordinance other than a minor (2) The applicant’s experience in sentence served. A Government witness traffic violation?’’ dispensing, or conducting research with testified at the hearing that the court Also admitted into evidence was the respect to controlled substances. had ‘‘dismissed’’ or ‘‘put aside’’ the Respondent’s application for Virginia (3) The applicant’s conviction record sentence for count three. The court medical license, dated January 20, 1995. under Federal or State laws relating to further ordered probation for 36 months The Respondent provided a ‘‘No’’ the manufacture, distribution, or for counts one and two. With respect to response to the following question dispensing of controlled substances. his compliance with probation, included on the application: ‘‘Have you (4) Compliance with applicable State, evidence was presented that on March ever been convicted of a violation of/or Federal, or local laws relating to 17, 1988, the Respondent was found in pled Nolo Contendere to any Federal, controlled substances. violation and was sentenced to 30 days State, or local statute, regulation or (5) Such other conduct which may in jail. However, the record is unclear as ordinance, or entered into any plea threaten the public health or safety. to the specific criminal violation the bargaining relating to a felony or These factors are to be considered in probation relates to, since the probation misdemeanor (Excluding traffic the disjunctive; the Deputy term for the Respondent’s 1983 violations, except convictions for Administrator may rely on any one or a conviction was to end in November of driving under the influence)?’’ combination of factors and may give 1985. As noted above, in response to the each factor the weight she deems On January 26, 1984, the Respondent Order to Show Cause the Respondent appropriate in determining whether a was again arrested in Los Angeles, directed a letter to DEA dated registration should be revoked or an California and charged with being under September 15, 2002, requesting a application for registration denied. See the influence of PCP. However, there is hearing. In that letter, the Respondent Henry J. Schwartz, Jr., M.D., 54 FR no information in the record as to the denied that he had ever been arrested 16,422 (1989). disposition of this charge. Further for drug charges, engaged in a plea First, pursuant to 21 U.S.C. 824(a)(1), evidence was presented that on bargain or received probation, and had a registration may be revoked if the September 25, 1984, in Los Angeles, never violated probation or received a registrant has materially falsified an California, the Respondent was arrested sentence of an additional thirty days in application for registration. DEA has for driving with a suspended drivers’ jail. previously held that in finding that license and apparently provided a During an interview conducted in there has been a material falsification of statement to the arresting officer that he March of 2002 by a DEA diversion application, it must be determined that (Respondent) was aware of the investigator and an investigator from the the applicant knew or should have suspension of his license. Ohio Medical Board, the Respondent known that the response given to the On or about November 14, 1995, the again denied these events. Specifically, liability question was false. See, James Respondent was issued DEA Certificate the Respondent denied ever having been C. LaJavic, D.M.D., 64 FR 55962, 55964 of Registration BH4678833 for his arrested on any charge including those (1999); Martha Hernandez, M.D., 62 FR medical practice in Ohio. The last related to controlled substance 61,145 (1997); Herbert J. Robinson, renewal of this registration was issued violations, ever having been convicted, M.D., 59 FR 6304 (1994). to the Respondent on October 18, 2001, ever having entered into any plea As noted above, in August of 1983, and its date of expiration is October 31, bargains, and ever having served any the Respondent was charged with 2004. probation time. When asked during that unlawful possession of PCP, a Schedule The two DEA applications at issue in interview why it had taken him so long II controlled substance. On or about the Government’s allegation of material to complete his education, the November 30, 1983, the charge was falsification are renewal applications Respondent attributed the delay to his disposed of through a Nolo plea and the dated October 31, 2001, and the second having been in jail on several occasions. Respondent was placed on probation for dated October 14, 1998. On both However, Respondent never a period of three years. Yet, a review of renewal applications, the Respondent acknowledged that he had been the Respondent’s DEA renewal was asked the following questions: ‘‘Has convicted of any Controlled Substances applications for 1998 and 2001 reveal the applicant ever been convicted of a Act offenses. ‘‘no’’ responses to the liability question crime in connection with controlled The Respondent further informed the which asked whether the applicant has substances under State or Federal law?’’; DEA diversion investigator that he only ever been convicted of a crime in (2) ‘‘Has the applicant ever surrendered possessed a drivers’ license for the State connection with controlled substances or had a Federal controlled substance of California. However, during a under State or Federal law. In light of registration revoked, suspended, subsequent investigation by the Ohio this evidence, as well as the restricted or denied?’’; and (3) ‘‘Has the Medical Board, it was revealed that the Respondent’s failure to provide applicant ever had a State professional Respondent also had obtained driver evidence to the contrary, the Deputy license or controlled substance licenses in New York and Michigan. Administrator is left to conclude that registration revoked, suspended, denied, Pursuant to 21 U.S.C. 823(f) and the Respondent knew or should have restricted, or placed on probation?’’ On 824(a)(4), the Deputy Administrator may known that his ‘‘no’’ response to a both applications, the Respondent revoke a DEA Certificate of Registration liability question on a DEA registration provided a ‘‘No’’ response to these three and deny any pending applications for application was false, and therefore he questions. renewal of such registration if she materially falsified his application for

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registration. Accordingly, grounds exist administrative hearing. See, Michael G. failure to testify at the administrative to revoke the Respondent’s registration Sargent, M.D., 60 FR 22076 (1995); hearing or provide evidence regarding pursuant to 21 U.S.C. 824(a)(1). Thomas Raymond A. Carlson, M.D., 53 FR 7425 these matters severely compromises any E. Johnston, D.O., 45 FR 72311, 72312 (1988); Antonio C. Camacho, M.D., 51 favorable consideration of his continued (1980); see also Bobby Watts, M.D. 58 FR 11654 (1986). The negative inference registration with DEA. As noted by FR 46995 (1993). which is drawn from Respondent’s Judge Randall, ‘‘* * * DEA does not Next, the Deputy Administrator must failure to testify is that he was unwilling have any evidence that the Respondent consider whether Respondent’s to be forthright and completely honest takes responsibility for his past continued registration would be with the Administrative Law Judge and misconduct. Further, the DEA does not inconsistent with the public interest. As the Drug Enforcement Administration. have any evidence that the Respondent to factor one, the recommendation of the See Antonio C. Camacho, M.D., supra. wants to provide assurances that his appropriate State licensing board or In light of the Respondent’s professional disciplinary authority, demonstrated lack of candor regarding future handling of controlled substances there is no evidence in the record of any his previous conduct, a similar would be consistent with the public actions, adverse or otherwise, regarding inference is drawn here. interest.’’ any professional license held by the On May 24, 2004, counsel for the The Deputy Administrator finds that Respondent. Similarly, with respect to Respondent filed exceptions to the the Respondent has demonstrated factors two and three, there is no Opinion and Recommended Ruling of conduct which raise questions regarding evidence in this matter with respect to Judge Randall. The Respondent argued his character and ultimately, his fitness Respondent’s dispensing of controlled in relevant part that: (1) The evidence in to possess a DEA Certificate of substances, or of any conviction under this proceeding did not establish that he Registration. The Respondent has been Federal or State laws relating to the materially falsified a DEA registration involved in a series of arrests and at manufacture, distribution, or dispensing application; (2) Judge Randall should least one criminal conviction related of controlled substances. not have relied on arrest reports which primarily to substance abuse. Although With regard to factor four, compliance were insufficient to prove a conviction; many of these incidents occurred nearly with applicable State, Federal, or local (3) there was only one reliable laws relating to controlled substances, document in the record which two decades ago, the Respondent by the Deputy Administrator agrees with established that Respondent did not choosing not to testify at the hearing or Judge Randall’s finding that the falsify his DEA application; and (4) the provide any evidence on his behalf has Respondent violated California State Government’s unproven assertions do left the record bereft of any information law by unlawfully (1) being under the not meet its burden of proving that the that would support his continued influence of controlled substances in the Respondent’s continued registration is registration with DEA. To exacerbate 1980’s, to include marijuana, (2) not consistent with the public interest. matters further, the Respondent falsified possessing PCP, (3) being under the The Respondent’s arguments relate two DEA applications, two State influence of PCP, and (4) violating primarily to the reliability of evidence professional licensing applications, and probation given as a result of these regarding the disposition of his arrest was not forthright regarding his arrests infractions. for possession of PCP and the impact of or conviction in a discussion with a With regard to factor five, other that event on his subsequent responses DEA investigator or and in a subsequent conduct which may threaten the public to questions on DEA registration letter to the agency. Given the totality of health or safety, the Deputy applications. As noted above, the the circumstances, the only conclusion Administrator is troubled by the extent Deputy Administrator agrees with Judge to be reached here in Respondent’s and ease with which the Respondent Randall’s finding that evidence of continued registration would be has engaged in dishonest conduct. In Respondent’s arrest and subsequent inconsistent with the public interest and addition to his material falsification of conviction on a controlled substance his DEA Certificate of Registration DEA registration applications, the charge was established by a Respondent provided false statements to preponderance of evidence. While the should be revoked. a DEA investigator when he denied any Respondent subsequently raised Accordingly, the Deputy previous arrests on drug charges and questions regarding the reliability of Administrator of the Drug Enforcement claimed to have a drivers’ license only arrest reports admitted into the record, Administration, pursuant to the in California when he also held drivers’ the fact remains that he provided no authority vested in her by 21 U.S.C. 823 licenses in two additional jurisdictions. similar evidence during the hearings to and 824 and 28 CFR 0.100(b) and 0.104, The Respondent repeated the same rebut these reports. Meanwhile, in hereby orders that DEA Certificate of denials in his September 2002 letter to addition to the arrest reports, the record Registration, BH4678833, previously DEA, despite evidence to the contrary. contains corroborating testimony of the issued to David A. Hoxie, M.D., be, and The Respondent further demonstrated Respondent’s ‘‘Nolo’’ plea to the charge it hereby is, revoked. The Deputy questionable candor when he provided of possession of PCP and the Administrator further orders that any false responses to questions on Government also provided documentary pending applications to renew or applications for medical licensure in evidence regarding the disposition of modify said registration be denied. This Ohio and Virginia. His false responses the charges. Having addressed the order is effective September 20, 2004. to questions on State professional Respondent’s central contention license applications further support the regarding the reliability of evidence Dated: July 27, 2004. revocation of his DEA Certification of surrounding his criminal conviction, the Michele M. Leonhart, Registration. See, Bernard C. Deputy Administrator does not find it Deputy Administrator. Musselman, M.D., 64 FR 55965 (1999). necessary to address the remaining [FR Doc. 04–18973 Filed 8–18–04; 8:45 am] As referenced above, the Respondent arguments raised in the Respondent’s BILLING CODE 4410–09–M did not testify during the hearing. The exceptions. Deputy Administrator may draw a In light of allegations regarding his negative inference from Respondent’s prior arrests and conviction related in failure to testify during an part to substance abuse, Respondent’s

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DEPARTMENT OF JUSTICE extremely potent central nervous system novelty items to convenience stores on stimulant, and its abuse is an ongoing a full time basis in March 2003. When Drug Enforcement Administration public health concern in the United asked about the manner in which he States. identified his customers, Mr. McRae John E. McCrae d/b/a J & H Wholesale; The Deputy Administrator’s review of explained that he makes site visits to his Denial of Application the investigative file reveals that by customers’ stores and knows them from On December 8, 2003, the Deputy application dated April 29, 2003, J & H prior transactions. He further stated that Assistant Administrator, Office of sought DEA registration as a distributor on most occasions, he deals with the Diversion Control, Drug Enforcement of the list I chemicals ephedrine, owner of a particular establishment and Administration (DEA), issued an Order pseudoephedrine, and only accepts cash payment, which to Show Cause to John E. McCrae d/b/ phenylpropanolamine. The application usually comes directly from the was submitted on behalf of J & H by its a J & H (J & H) prosing to deny its customers’ cash register. Only owner, John E. McCrae (Mr. McRae). application executed on April 29, 2003, occasionally has Mr. McRae accepted a There is no evidence in the investigative for DEA Certificate of Registration as a business check in payment for a sale file that J & H has sought to modify its distributor of list I chemicals. The Order and he never accepts personal checks. pending application in any respect. As noted above, J & H is located at Mr. to Show Cause alleged that granting the According to the investigative file, on application of J & H would be McRae’s residential home. With respect July 11, 2003, a DEA diversion to security of the premises, DEA inconsistent with the public interest as investigator contacted Mr. McRae that term is used in 21 U.S.C. 823(h) and investigators found that the home had a regarding J & H’s pending application. It residential alarm system. DEA’s 824(a). The Order to Show Cause also is not clear from the investigative file notified J & H that should no request for inspection further revealed that the only whether the July 11 contact was made security devices were contact switches a hearing be filed within 30 days, its in person or over the telephone. The hearing right would be deemed waived. on the home’s front and patio doors and diversion investigator advised Mr. there was no motion detector on the According to the DEA investigative McRae that DEA would need to review file, the Order to Show Cause was sent premises because of the family canine. a list of his company’s potential With respect to storage of listed by certified mail to J & H at its address customers, products, and suppliers of chemical products, DEA personnel were of record in Middleburg, Florida and list I chemicals. Mr. McRae was informed that these products would be was received on behalf of the firm on informed that list I chemicals are stored in a plastic tote bin maintained December 16, 2003. Nevertheless, DEA regulated by DEA because they have in the garage of the residence. When has not received a request for hearing or been used in the illicit manufacture of DEA investigators arrived at the any other reply from J & H, or anyone methamphetamine and other controlled residence, they noted that an exterior purporting to represent the company in substances. garage door was open and a young male this matter. Mr. McRae at one point inquired with friend of Mr. McRae’s son entered the Therefore, the Deputy Administrator DEA investigators about the timing of home through the interior garage door. of DEA, finding that (1) thirty days any approval of his company’s pending Family members and the visitor were having passed since the delivery of the registration application. He stated that later seen using the garage’s interior Order to Show Cause to the applicant’s he had been approached by customers door to depart the home. address of record, and (2) not request for seeking to purchase list I chemical Pursuant to 21 U.S.C. 823(h), the hearing having been received, concludes products from him, and further added Deputy Administrator may deny an that J & H has waived its hearing right. that he could ‘‘double [his] sales application for Certificate of See Aqui Enterprises, 67 FR 12576 tomorrow’’ if his application was Registration if she determines that (2002). After considering relevant approved. DEA learned that Mr. McRae granting the registration would be material from the investigative file in has no prior experience handling over- inconsistent with the public interest as this matter, the Deputy Administrator the-counter medications, including list I determined under that section. Section now enters her final order without a chemical products. 823(h) requires the following factors be hearing pursuant to 21 CFR 1309.53(c) On August 6, 2003, two DEA considered in determining the public and (d) and 1316.67 (2003). The Deputy diversion investigators conducted an interest: Administrator finds as follows: on-site pre-registration inspection at J & (1) Maintenance of effective controls List I chemicals are those that may be H’s proposed registered location. The against diversion of listed chemicals used in the manufacture of a controlled location requested by J & H as a into other than legitimate channels; substance in violation of the Controlled proposed DEA registered address was (2) Compliance with applicable Substances Act. 21 U.S.C. 802(34); 21 Mr. McRae’s home residence. DEA’s Federal, State, and local law; CFR 1310.02(a). Psedoephedrine and inspection revealed that Mr. McRae sells (3) Any prior conviction record under ephedrine are list I chemicals approximately 150 novelty and general Federal or State laws relating to commonly used to illegally manufacture merchandise items to customers located controlled substances or to chemicals methamphetamine, a Schedule II in various Florida cities, including controlled under Federal or State law; controlled substance. Jacksonville and Gainsville. Mr. McRae (4) Any past experience in the Phenylpropanolamine, also a list I estimated that the sale of list I chemical manufacture and distribution of chemical, is presently a legitimately products would constitute chemicals; and manufactured and distributed product approximately ten percent or less of his (5) Such other factors as are relevant used to provide relief of symptoms company’s total sales. to and consistent with the public health resulting from irritation of the sinus, Mr. McRae then provided to DEA and safety. nasal and upper respiratory tract tissues, personnel a list of customers to whom As with the public interest analysis and is also used for weight control. listed chemical products would be sold. for practitioners and pharmacies Phenylpropanolamine is also a The customer list was comprised pursuant to subsection (f) of section 823, precursor chemical used in the illicit primarily of convenience and beverage these factors are to be considered in the manufacture of methamphetamine and stores, as well as gas stations. Mr. disjunctive; the Deputy Administrator amphetamine. Methamphetamine is an McRae stated that he began selling may rely on any one or combination of

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factors. and may give each factor the (2002); K.V.M. Enterprises, 67 FR 70968 and the lack of evidence by the weight she deems appropriate in (2002) (denial of application based in applicant to the contrary, the Deputy determining whether a registration part upon information developed by Administrator concludes that granting should be revoked or an application for DEA that the applicant proposed to sell the pending application of J & H would registration denied. See e.g., Energy listed chemicals to gas stations, and the be inconsistent with the public interest. Outlet, 64 FR 14269 (1999). See also fact that these establishments in turn Accordingly, the Deputy Henry J. Schwartz, Jr., M.D., 54 FR have sold listed chemical products to Administrator of the Drug Enforcement 16422 (1989). individuals engaged in the illicit Administration, pursuant to the The Deputy Administrator finds manufacture of methamphetamine); authority vested in her by 21 U.S.C. 823 factors one, four and five relevant to J Xtreme Enterprise, Inc., supra. and 28 CFR 0.100(b) and 0.104, hereby & H’s pending registration application. In the instant matter, the Deputy orders that the pending application for With regard to factor one, Administrator finds curious the product DEA Certificate of Registration, maintenance of effective controls specific inquiries of J & H’s customers previously submitted by John E. McRae against diversion of listed chemicals with respect to the applicant’s sale of d/b/a J & H Wholesale be, and it hereby into other than legitimate channels, the list I chemical products. The Deputy is, denied. This order is effective DEA pre-registration inspection Administrator is also intrigued by Mr. September 20, 2004. documented inadequate security at the McRae’s reliance on the marketing of Dated: July 27, 2004. proposed registered location of J & H. these products to ‘‘double’’ his overall Michele M. Leonhart, Mr. McRae proposes to store listed sales totals when his own projections chemical products in the garage of his regarding these products were Deputy Administrator. residential location. However, DEA approximately ten percent or less of [FR Doc. 04–18971 Filed 8–18–04; 8:45 am] investigators documented a residential total sales. BILLING CODE 4410–09–M alarm system in which the only security The high priority placed upon the devices are contact switches on the front proposed sale of listed chemical and patio doors of the residence. products by J & H to convenience stores DEPARTMENT OF JUSTICE Additionally, the garage where listed and gas stations, in conjunction with the Drug Enforcement Administration chemicals are to be stored has an specific requests by these entities to exterior overhead door which appears to obtain listed chemical products for sale Proveedora Jiron, Inc. Edilberto Jiron, be easily accessed, and the interior appears to defy current data regarding President; Denial of Application garage door appears to be a common the marketing and sale of these passage way into and out of the products. DEA has previously accepted On October 30, 2003, the Deputy residential home for Mr. McRae’s family expert analysis of sales data regarding Assistant Administrator, Office of members and their friends. listed chemical products where it was Diversion Control, Drug Enforcement With regard to factor two, compliance found that establishments such as Administration (DEA), issued an Order with applicable Federal, State, and local convenience stores and gas stations to Show Cause to Proveedora Jiron, law, there is no evidence before the ‘‘have a very small or no likelihood of Incorporated, Edilberto Jiron, President Deputy Administrator that J & H has selling [listed chemical] products over (Proveedora) proposing to deny its failed to comply in any respect with the counter to consumers seeking application, executed on March 25, such laws. remedies for nasal congestion from 2003, for DEA Certificate of Registration With respect to factor four, the allergies, colds or other conditions.’’ as a distributor of list I chemicals. The applicant’s past experience in the See, Branex, Incorporated, 69 FR 8682, Order to Show Cause alleged in relevant distribution of chemicals, the Deputy 8690–92 (2004). Consistent with the part that granting the application of Administrator finds this factor relevant ruling in Branex, the Deputy Proveedora would be inconsistent with to Mr. McRae’s lack of experience in Administrator concludes here that the the public interest as that term is used handling of list I chemical products. In scale of J & H’s proposed sale of list I in 21 U.S.C. 823(h) and 824(a). The prior DEA decisions to deny pending chemical products to its customers Order to Show Cause also notified applications for DEA registration. See, appears not in keeping with the normal Proveedora that should no request for a Matthew D. Graham, 67 FR 10229 chain of distribution for goods of this hearing be filed within 30 days, its (2002); Xtreme Enterprises, Inc., 67 FR kind. hearing right would be deemed waived. 76195 (2002). Therefore, this factor As noted above, there is no evidence According to the DEA investigative similarly weighs against the granting of in the investigative file that J & H ever file, the Order to Show Cause was sent J & H’s pending application. sought to modify its pending by certified mail to Edilberto Jiron (Mr. With respect to factor five, other application with respect to the listed Jiron), President of Proveedora at his factors relevant to and consistent with chemical products it seeks to distribute. firm’s proposed registered location in the public safety, the Deputy Among the listed chemical products the Miami, Florida. A return receipt, which Administrator finds this factor relevant firm seeks to distribute is was part of the investigative file, to J & H’s proposal to distribute listed phenylpropanolamine. In keeping with indicates that the show cause order was chemical products from a residential prior DEA rulings, the Deputy received on November 12, 2003, on location to customers comprised Administrator also finds factor five behalf of Proveedora. DEA has not primarily of convenience stores and gas relevant to J & H’s request to distribute received a request for hearing or any stations. While there are no specific phenylpropanolamine, and the apparent other reply from Proveedora or anyone prohibitions under the Controlled lack of safety associated with the use of purporting to represent the company in Substance Act regarding the sale of that product. DEA has previously this matter. listed chemical products to these determined that an applicant’s request Therefore, the Deputy Administrator entities, DEA has nevertheless found to distribute phenylpropanolamine of DEA, finding that (1) thirty days that gas stations and convenience stores constitutes a ground under factor five having passed since receipt of the Order constitute sources for the diversion of for denial of an application for to Show Cause, and (2) no request for listed chemical products. See, e.g., registration. Shani Distributors, 68 FR hearing having been received, concludes Sinbad Distributing, 67 FR 10232, 10233 62324 (2003). Based on the foregoing, that Proveedora has waived its hearing

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right. See Aqui Enterprises, 67 FR 12576 According to the investigative file, the its investigation, and no background (2002). After considering relevant certified letter was returned to DEA information which may have explained material from the investigative file in unclaimed. why the applicant declined DEA’s this matter, the Deputy Administrator The investigative file further reveals repeated requests for additional now enters her final order without a that on August 18, 2003, a DEA information. hearing pursuant to 21 CFR 1309.53(c) diversion investigator telephoned an Nevertheless, in balancing public and (d) and 1316.67 (2003). The Deputy employee of Proveedora to verify the interest concerns and in response to the Administrator finds as follows: firm’s address, and left a message for ongoing public health threat brought on List I chemicals are those that may be Mr. Jiron to contact the DEA apparently by the diversion of list I chemical used in the manufacture of a controlled in regard to the firm’s pending products, the Deputy Administrator substance in violation of the Controlled registration application. However, Mr. finds the balance of interests weighs in Substances Act. 21 U.S.C. 802(34); 21 Jiron never contacted DEA regarding the favor of denying the application of CFR 1310.02(a). Pseudoephedrine and matter. Proveedora. ephedrine are list I chemicals Pursuant to 21 U.S.C. 823(h), the commonly used to illegally manufacture Deputy Administrator may deny an In its Order to Show Cause, the methamphetamine, a Schedule II application for Certificate of agency references the applicant’s failure controlled substance. As noted in Registration if she determines that to provide requested documents or previous DEA final orders, granting the registration would be statements within a reasonable time, Methamphetamine is an extremely inconsistent with the public interest as and how such inaction on the part of the potent central nervous system determined under that section. Section applicant may be deemed a waiver by stimulant, and its abuse is a persistent 823(h) requires the following factors be the applicant to present such matters for and growing problem in the United considered in determining the public consideration by the Administrator States. Yemen Wholesale Tobacco and interest: pursuant to the ‘‘Additional Candy Supply, Inc., 67 FR 9997 (2002); (1) Maintenance of effective controls information’’ provision found at 21 CFR Denver Wholesale, 67 FR 99986 (2002). against diversion of listed chemicals 1301.15. Notwithstanding the above The Deputy Administrator’s review of into other than legitimate channels; concerns surrounding the incomplete the investigative file reveals that on (2) Compliance with applicable DEA investigative file, the Deputy March 25, 2003, Proveedora submitted Federal, State, and local law; Administrator agrees that the record is an application for DEA registration as a (3) Any prior conviction record under silent with respect to information that distributor of the list I chemicals Federal or State laws relating to would support Proveedora’s ephedrine and pseudoephedrine. The controlled substances or to chemicals application. However, with respect to application was submitted on behalf of controlled under Federal or State law; the agency’s request for additional Proveedora by Mr. Jiron. Upon receipt of (4) Any past experience in the information relevant to an application the application, the DEA Miami Field manufacture and distribution of for the registration of a list I chemical Division initiated a pre-registration chemicals; and distributor, the appropriate regulatory investigation in or around April or May (5) Such other factors as are relevant provision is found at 21 CFR 1309.35, of 2003. to and consistent with the public health which is identical in scope to § 1301.15 According to a DEA investigative and safety. in that it provides: As with the public interest analysis report contained in the investigative The Administrator may require an file, on May 29, 2003, a DEA diversion for practitioners and pharmacies applicant to submit such documents or investigator from the Miami Field pursuant to subsection (f) of section 823, written statements of facts relevant to the Division contacted Mr. Jiron by these factors are to be considered in the application as he deems necessary to telephone to schedule an appointment. disjunctive; the Deputy Administrator determine whether the application should be Apparently, the investigator explained may rely on any one or combination of granted. The failure of the applicant to to Mr. Jiron that ‘‘information and factors, and may give each factor the provide such documents or statements documents’’ were needed to process the weight she deems appropriate in within a reasonable time after being firm’s application. There is no mention determining whether a registration requested to do so shall be deemed to be a in the report of what specific should be revoked or an application for waiver by the applicant of an opportunity to present such documents or facts for information or documents were registration denied. See, e.g., Energy consideration by the Administrator in requested of Mr. Jiron. Mr. Jiron is Outlet, 64 FR 14269 (1999). See also granting or denying the application. quoted as replying to the investigator Henry J. Schwartz, Jr., M.D., 54 FR that he felt uncomfortable ‘‘divulging 16422 (1989). It appears from the investigative file this information’’ although the In rendering a final agency decision in that the owners of Proveedora were not investigator explained that all this matter, the Deputy Administrator compliant with repeated DEA request documents and information will remain admittedly proceeds with great for information necessary to the confidential. reluctance. Although a finding has been processing of its registration Similarly, a review of a July 15, 2003, made that the applicant has waived its application. Such information is a certified letter from the DEA Miami right to a hearing, nevertheless, the necessary part of the investigative Field Division to Mr. Jiron reveals a investigative file that has been provided function in determining the fitness of an written reminder to the applicant of a ostensibly to assist the Deputy applicant to handle highly abused list I prior discussion he had with DEA Administrator in rendering a ruling in chemical products. DEA has previously personnel where it was explained to this matter is at best, incomplete. The found that an applicant’s failure to that ‘‘information and documents were investigative file contains scant provide information necessary to the needed to in order to proceed with his information about DEA’s investigation completion of a pending application application.’’ Again, there is no of the applicant, virtually no was a relevant determination in a reference in the aforementioned letter of information in any of the DEA decision to deny the application what information was requested of Mr. investigative reports or correspondences pursuant to 21 CFR 1309.35. Callahan’s Jiron for completion of his company’s on what information the agency Foods, 68 FR 43750 (2003). See also, application for DEA registration. requested of the applicant to complete CHM Wholesale Co., 67 FR 9985 (2002).

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In light of the above, and the absence DEPARTMENT OF LABOR functions of the agency, including of evidence to the contrary, the Deputy whether the information will have Administrator is left to conclude that Office of the Secretary practical utility; Proveedora cannot be entrusted with the • Evaluate the accuracy of the Submission for OMB Review: agency’s estimate of the burden of the responsibilities of a DEA registration. As Comment Request a result, the Deputy Administrator proposed collection of information, further concludes that it would be August 12, 2004. including the validity of the inconsistent with the public interest to The Department of Labor (DOL) has methodology and assumptions used; grant the application of Proveedora. submitted the following public • Enhance the quality, utility, and clarity of the information to be Accordingly, the Deputy information collection requests (ICRs) to the Office of Management and Budget collected; and Administrator of the Drug Enforcement (OMB) for review and approval in • Minimize the burden of the Administration, pursuant to the accordance with the Paperwork collection of information on those who authority vested in her by 21 U.S.C. 823 Reduction Act of 1995 (Pub. L. 104–13, are to respond, including through the and 28 CFR 0.100(b) and 0.104, hereby 44 U.S.C. chapter 35). A copy of each use of appropriate automated, orders that the pending application for ICR, with applicable supporting electronic, mechanical, or other DEA Certificate of Registration, documentation, may be obtained by technological collection techniques or previously submitted by Proveedora contacting the Department of Labor other forms of information technology, Jiron, Incorporated, Edilberto Jiron, (DOL). To obtain documentation, e.g., permitting electronic submission of President, be, and it hereby is, denied. contact Darrin King on 202–693–4129 responses. This order is effective September 20, (this is not a toll-free number) or e-mail: Agency: Employment Standards 2004. [email protected]. Administration. Comments should be sent to Office of Dated: July 27, 2004. Type of Review: Extension of Information and Regulatory Affairs, Michele M. Leonhart, currently approved collection. Attn: OMB Desk Officer for the Title: Employer’s First Report of Deputy Administrator. Employment Standards Administration Injury or Occupational Disease; [FR Doc. 04–18970 Filed 8–18–04; 8:45 am] (ESA), Office of Management and Physician’s Report on Impairment of Budget, Room 10235, Washington, DC BILLING CODE 4410–09–M Vision; and Employer’s Supplementary 20503, 202–395–7316 (this is not a toll- Report of Accident or Occupational free number), within 30 days from the Illness. date of this publication in the Federal Register. OMB Number: 1215–0031. The OMB is particularly interested in Frequency: On occasion. comments which: Type of Response: Reporting. • Evaluate whether the proposed Affected Public: Business and other collection of information is necessary for-profit and not-for-profit institutions. for the proper performance of the Number of Respondents: 21,060.

Average re- Form Annual re- sponse time Annual bur- sponses hours den hours

LS–202 ...... 21,000 0.25 5,250 LS–205 ...... 60 0.75 45 LS–210 ...... 2,160 0.25 540

Total ...... 23,220 ...... 5,835

Total Annualized capital/startup initially to report injuries that have Title: Operator Controversion; costs: $0. occurred which are covered under the Operator Response; Operator Response Total Annual Costs (operating/ Longshore Act and its related statutes. to Schedule for Submission of maintaining systems or purchasing The Form LS–210 is used to report Additional Evidence; and Operator services): $10,333. additional periods of lost time from Response to Notice of Claim. Description: The Longshore and work. The Form LS–205 is a medical OMB Number: 1215–0058. Harbor Workers’ Compensation Act report based on a comprehensive provides benefits to workers injured in examination of visual impairment. Frequency: On occasion. maritime employment on the navigable Regulatory authority is found in 20 CFR Type of Response: Reporting. waters of the United States and 702.201, 702.202, and 702.407. Affected Public: Business or other for- adjoining area customarily used by an Agency: Employment Standards profit and State, local, or tribal employee in loading, unloading, Administration. repairing, or building a vessel. The Type of Review: Extension of government. Form LS–202 is used by employers currently approved collection. Number of Respondents: 8,200.

Average re- Form Annual re- sponse time Annual bur- sponses hours den hours

CM–970 ...... 100 0.25 25 CM–970a ...... 100 0.17 17

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Average re- Form Annual re- sponse time Annual bur- sponses hours den hours

CM–2970 ...... 4,000 0.17 667 CM–2970a ...... 4,000 0.25 1,000

Total ...... 8,200 ...... 1,709

Total Annualized capital/startup shall be representative of an Recommendations may be in the form of costs: $0. organization whose members are a letter, resolution or petition, signed by Total Annual Costs (operating/ participants in a multiemployer plan); the person making the recommendation maintaining systems or purchasing three representatives of employers (at or, in the case of a recommendation by services): $3,280. least one of whom shall be an organization, by an authorized Description: The Black Lung Benefits representative of employers maintaining representative of the organization. Act (30 U.S.C. 901 et seq.) provides or contributing to multiemployer plans); Signed at Washington, DC, this 13th day of benefits to coal miners totally disabled one representative each from the fields August 2004. due to pneumoniosis, and their of insurance, corporate trust, actuarial Ann L. Combs, surviving dependents. When the counseling, investment counseling, Assistant Secretary of Labor, Employee Division of Coal Mine Workers’ investment management and Benefits Security Administration. Compensation makes an initial finding accounting; and three representatives [FR Doc. 04–19002 Filed 8–18–04; 8:45 am] that an applicant is eligible for benefits, from the general public (one of whom and, if a coal mine operator has been shall be a person representing those BILLING CODE 4510–29–P identified as potentially liable for receiving benefits from a pension plan). payment of those benefits, the No more than eight members of the DEPARTMENT OF LABOR responsible operator is notified of the Council shall be members of the same initial finding. The CM–970 gives the political party. Mine Safety and Health Administration operator an opportunity to controvert Members shall be persons qualified to the liability. The CM–970A is sent to the appraise the programs instituted under Proposed Information Collection operator with the Notice of Claim ERISA. Appointments are for terms of Request; Submitted for Public notifying the operator of potential three years. The prescribed duties of the Comment and Recommendations; liability of payment for benefits. The Council are to advise the Secretary with Mine Accident, Injury, and Illness CM–970A gives the operator an respect to the carrying out of his or her Report and Quarterly Mine opportunity to agree or disagree with functions under ERISA, and to submit to Employment and Coal Production the identification. The CM–970A is used the Secretary, or his or her designee, Report (MSHA Forms 7000–1 and for all claims filed before January 19, recommendations with respect thereto. 7000–2) 2001. The CM–2970 and CM–2970A The Council will meet at least four serve the same purposes as the CM–970 times each year. ACTION: Notice. and CM–970A; however, these forms are The terms of five members of the SUMMARY: The Department of Labor, as be used for all claims filed after January Council expire on November 14, 2004. part of its continuing effort to reduce 19, 2001. Regulatory authority is found The groups or fields they represent are paperwork and respondent burden in 20 CFR 725.408, 725.410, 725.412, as follows: (1) Employee organizations conducts a pre-clearance consultation and 725.413. (representing an organization whose members participate in a multiemployer program to provide the general public Ira Mills, plan); (2) the insurance profession; (3) and Federal agencies with an Departmental Clearance Officer. the accounting profession; (4) opportunity to comment on proposed [FR Doc. 04–19001 Filed 8–18–04; 8:45 am] employers; and (5) the general public and/or continuing collections of information in accordance with the BILLING CODE 4510–CF–P (representing persons actually receiving benefits from a private-sector plan). The Paperwork Reduction Act of 1995 Department of Labor is committed to (PRA95) (44 U.S.C. 3506(c)(2)(A)). This DEPARTMENT OF LABOR equal opportunity in the workplace and program helps to ensure that requested seeks a broad-based and diverse ERISA data can be provided in the desired Office of the Secretary Advisory Council. format, reporting burden (time and financial resources) is minimized, Advisory Council on Employee Welfare Accordingly, notice is hereby given that any person or organization desiring collection instruments are clearly and Pension Benefit Plans; understood, and the impact of collection Nominations for Vacancies to recommend one or more individuals for appointment to the Advisory requirements on respondents can be Section 512 of the Employee Council on Employee Welfare and properly assessed. Retirement Income Security Act of 1974 Pension Benefit Plans to represent any DATES: Submit comments on or before (ERISA), 88 Stat. 895, 29 U.S.C. 1142, of the groups or fields specified in the October 18, 2004. provides for the establishment of an preceding paragraph, may submit ADDRESSES: Send comments to Melissa Advisory Council on Employee Welfare recommendations to Debra Golding, Stoehr, Acting Chief, Records and Pension Benefit Plans (the Council), ERISA Advisory Council, Frances Management Branch, 1100 Wilson which is to consist of 15 members to be Perkins Building, U.S. Department of Boulevard, Room 2134, Arlington, VA appointed by the Secretary of Labor (the Labor, 200 Constitution Avenue, NW., 22209–3939. Commenters are Secretary) as follows: Three Suite N–5656, Washington, DC 20210. encouraged to send their comments on representatives of employee Recommendations must be delivered or computer disk, or via E-mail to organizations (at least one of whom mailed on or before October 1, 2004. [email protected]. Ms. Stoehr can

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be reached at (202) 693–9827 (voice), or the most comprehensive and reliable Internet by accessing the MSHA home (202) 693–9801 (facsimile). occupational data available concerning page (http://www.msha.gov) and then FOR FURTHER INFORMATION CONTACT: the mining industry. choosing ‘‘Statutory and Regulatory Contact the employee listed in the Section 103(d) of the Federal Mine Information’’ and ‘‘Federal Register ADDRESSES section of this notice. Safety and Health Act of 1977 (Mine Documents.’’ Act) mandates that each accident be SUPPLEMENTARY INFORMATION: investigated by the operator to III. Current Actions I. Background determine the cause and means of This request for collection of The reporting and recordkeeping preventing a recurrence. Records of information contains provisions provisions in 30 CFR 50, Notification, such accidents and investigations shall whereby persons may be temporarily Investigation, Reports and Records of be kept and made available to the qualified or certified to perform tests Accidents, Injuries and Illnesses, Secretary or his authorized and examinations; requiring specialized Employment and Coal Production in representative and the appropriate State expertise; related to miner safety and Mines, are essential elements in agency. Section 103(h) requires health at coal mines. MSHA’s Congressional mandate to operators to keep any records and make Type of Review: Extension. reduce work-related injuries and any reports that are reasonably Agency: Mine Safety and Health illnesses among the nation’s miners. necessary for MSHA to perform its Administration. Section 50.10 requires mine operators duties under the Mine Act. Section Title: Mine Accident, Injury, and and mining contractors to immediately 103(j) of the Mine Act requires operators Illness Report and Quarterly Mine notify MSHA in the event of an to notify MSHA of the occurrence of an Employment and Coal Production accident. This immediate notification is accident and to take appropriate Report. critical to MSHA’s timely investigation measures to preserve any evidence OMB Number: 1219–0007. and assessment of the probable cause of which would assist in the investigation Form(s): MSHA 7000–1 and MSHA the accident. into the cause or causes of the accident. 7000–2. Section 50.11 requires that the Data collected through MSHA Form Frequency: Quarterly and on operator or contractor investigate each 7000–1 and MSHA Form 7000–2 enable occasion. accident and occupational injury and MSHA to publish timely quarterly and Affected Public: Business or other for- prepare a report. The operator or annual statistics, reflecting current profit. contractor may not use MSHA Form safety and health conditions in the Respondents: 26,250. 7000–1 as a report, unless the mine mining industry. These data are used Estimated Time per Response: 30 employs fewer than 20 miners and the not only by MSHA, but also by other minutes for hardcopy filings and 15 occurrence involves an occupational Federal and State agencies, health and minutes for Form 7000–02 electronic injury not related to an accident. safety researchers, and the mining filings. Section 50.20(a) requires mine community to assist in measuring and Total Burden Hours: 105,042. operators and mining contractors to comparing the results of health and Total Burden Cost (capital/startup): report each accident, injury, or illness to safety efforts both in the United States $0. MSHA on Form 7000–1 within 10 and internationally. Total Burden Cost (operating/ working days after an accident or injury II. Desired Focus of Comments maintaining): $34,105. Comments submitted in response to has occurred or an occupational illness MSHA is particularly interested in has been diagnosed. The use of MSHA this notice will be summarized and/or comments which: included in the request for Office of Form 7000–1 provides for uniform • Evaluate whether the proposed Management and Budget approval of the information gathering across the mining collection of information is necessary industry. information collection request; they will for the proper performance of the also become a matter of public record. MSHA tabulates and analyzes the functions of the agency, including information from MSHA Form 7000–1, whether the information will have Dated at Arlington, Virginia, this 11th day of August, 2004. along with data from MSHA Form practical utility; 7000–2, to compute incidence and • Evaluate the accuracy of the Lynnette M. Haywood, severity rates for various injury types. agency’s estimate of the burden of the Deputy Director, Office of Administration and These rates are used to analyze trends proposed collection of information, Management. and to assess the degree of success of including the validity of the [FR Doc. 04–19000 Filed 8–18–04; 8:45 am] the health and safety efforts of MSHA methodology and assumptions used; BILLING CODE 4510–43–P and the mining industry. • Enhance the quality, utility, and Accident, injury, and illness data clarity of the information to be when correlated with employment and collected; and NATIONAL AERONAUTICS AND production data provide information • Minimize the burden of the SPACE ADMINISTRATION that allows MSHA to improve its safety collection of information on those who and health enforcement programs, focus are to respond, including through the [Notice: 04–103] its education and training efforts, and use of appropriate automated, Notice of Information Collection establish priorities for its technical electronic, mechanical, or other assistance activities in mine safety and technological collection techniques or AGENCY: National Aeronautics and health. Maintaining a current database other forms of information technology, Space Administration (NASA). allows MSHA to identify and direct e.g., permitting electronic submissions ACTION: Notice of information collection. increased attention to those mines, of responses. industry segments, and geographical A copy of the proposed information SUMMARY: The National Aeronautics and areas where hazardous trends are collection request can be obtained by Space Administration, as part of its developing. This could not be done contacting the employee listed in the continuing effort to reduce paperwork effectively utilizing historical data. The FOR FURTHER INFORMATION CONTACT and respondent burden, invites the information collected under Part 50 is section of this notice, or viewed on the general public and other Federal

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agencies to take this opportunity to practical utility; (2) the accuracy of approval for a new information comment on proposed and/or NASA’s estimate of the burden collection which will be used by NASA continuing information collections, as (including hours and cost) of the for the purpose of evaluating and required by the Paperwork Reduction proposed collection of information; (3) selecting applicants for the NASA Act of 1995 (Public Law 104–13, 44 ways to enhance the quality, utility, and Science and Technology Scholarship U.S.C. 3506(c)(2)(A)). clarity of the information to be Program (STSP.) The NASA STSP’s DATES: All comments should be collected; and (4) ways to minimize the establishment was authorized by the submitted within 60 calendar days from burden of the collection of information NASA Workforce Flexibility Act of the date of this publication. on respondents, including automated 2004. collection techniques or the use of other ADDRESSES: All comments should be II. Method of Collection addressed to Ms. Kathleen Shaeffer, forms of information technology. Collection of information will be Code V, National Aeronautics and Space Comments submitted in response to entirely through an on line web-based Administration, Washington, DC 20546– this notice will be summarized and questionnaire in order to minimize 0001. included in the request for OMB approval of this information collection. respondent burden. FOR FURTHER INFORMATION CONTACT: They will also become a matter of Requests for additional information or III. Data public record. copies of the information collection Title: NASA Science and Technology instrument(s) and instructions should Patricia L. Dunnington, Scholarship Program (STSP) be directed to Ms. Kathleen Shaeffer, Chief Information Officer. Application. Acting NASA Reports Officer, NASA [FR Doc. 04–19043 Filed 8–18–04; 8:45 am] OMB Number: 2700–XXXX. Headquarters, 300 E Street, SW., Code BILLING CODE 7510–01–P Type of review: New collection. V, Washington, DC 20546, (202) 358– Affected Public: Individuals or 1230, [email protected]. households. SUPPLEMENTARY INFORMATION: NATIONAL AERONAUTICS AND Estimated Number of Respondents: SPACE ADMINISTRATION 2,500. I. Abstract Estimated Time Per Response: 1.5 The National Aeronautics and Space [Notice: 04–104] hours. Estimated Total Annual Burden Administration (NASA) is requesting Notice of Information Collection Office of Management and Budget Hours: 3,750. Estimated Total Annual Cost: $0. approval for a new information AGENCY: National Aeronautics and collection which will be used to Space Administration (NASA). IV. Request for Comments evaluate the need for NASA to establish ACTION: Notice of information collection. Comments are invited on: (1) Whether a central repository of reusable the proposed collection of information SUMMARY: components for earth science data The National Aeronautics and is necessary for the proper performance systems. The NASA Earth Science Data Space Administration, as part of its of the functions of NASA, including Systems Working Group, who will be continuing effort to reduce paperwork whether the information collected has collecting the information, needs to and respondent burden, invites the practical utility; (2) the accuracy of better understand the community’s general public and other Federal NASA’s estimate of the burden needs with respect to such a repository agencies to take this opportunity to (including hours and cost) of the before it can be built. comment on proposed and/or proposed collection of information; (3) continuing information collections, as II. Method of Collection ways to enhance the quality, utility, and required by the Paperwork Reduction clarity of the information to be Collection of information will be Act of 1995 (Public Law 104–13, 44 collected; and (4) ways to minimize the entirely through an online Web-based U.S.C. 3506(c)(2)(A)). burden of the collection of information questionnaire in order to minimize DATES: All comments should be on respondents, including automated respondent burden. submitted within 60 calendar days from collection techniques or the use of other III. Data the date of this publication. forms of information technology. ADDRESSES: All comments should be Comments submitted in response to Title: Earth Science Software Reuse. addressed to Ms. Kathleen Shaeffer, this notice will be summarized and OMB Number: 2700–XXXX. Code V, National Aeronautics and Space included in the request for OMB Type of review: New collection. approval of this information collection. Affected Public: Federal Government; Administration, Washington, DC 20546– They will also become a matter of Business or other for-profit; Not-for- 0001. public record. profit institutions. FOR FURTHER INFORMATION CONTACT: Estimated Number of Respondents: Requests for additional information or Dated: August 11, 2004. 60. copies of the information collection Patricia L. Dunnington, Estimated Time Per Response: 20 instrument(s) and instructions should Chief Information Officer. minutes. be directed to Ms. Kathleen Shaeffer, [FR Doc. 04–19044 Filed 8–18–04; 8:45 am] Acting NASA Reports Officer, NASA Estimated Total Annual Burden BILLING CODE 7510–01–P Hours: 20. Headquarters, 300 E Street, SW., Code Estimated Total Annual Cost: $0. V, Washington, DC 20546, (202) 358– 1230, [email protected]. IV. Request for Comments NUCLEAR REGULATORY SUPPLEMENTARY INFORMATION: COMMISSION Comments are invited on: (1) Whether I. Abstract the proposed collection of information Sunshine Act Meeting is necessary for the proper performance The National Aeronautics and Space of the functions of NASA, including Administration (NASA) is requesting AGENCY HOLDING THE MEETING: Nuclear whether the information collected has Office of Management and Budget Regulatory Commission.

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DATE: Week of August 16, 2004. Washington, DC 20555 (301) 415–1969. proposed determination for each PLACE: Commissioners’ Conference In addition, distribution of this meeting amendment request is shown below. Room, 11555 Rockville Pike, Rockville, notice over the Internet system is The Commission is seeking public Maryland. available. If you are interested in comments on this proposed STATUS: Public and closed. receiving this Commission meeting determination. Any comments received schedule electronically, please send an within 30 days after the date of ADDITIONAL MATTER TO BE CONSIDERED: electronic message to [email protected]. publication of this notice will be Week of August 16, 2004 Dated: August 17, 2004. considered in making any final determination. Within 60 days after the Tuesday, August 17, 2004 Dave Gamberoni, date of publication of this notice, the Office of the Secretary. 9:25 a.m. Affirmative Session (Public licensee may file a request for a hearing Meeting) [FR Doc. 04–19090 Filed 8–17–04; 8:45 am] with respect to issuance of the a. Private Fuel Storage (Independent BILLING CODE 7590–01–M amendment to the subject facility Spent Fuel Storage Installation) operating license and any person whose Docket No. 72–22–ISFSI; NUCLEAR REGULATORY interest may be affected by this b. Final Rule: Medical Use of COMMISSION proceeding and who wishes to Byproduct Material—Minor participate as a party in the proceeding Amendments: Extending Expiration Biweekly Notice; Applications and must file a written request for a hearing Date for Subpart J of Part 35; Amendments to Facility Operating and a petition for leave to intervene. c. FirstEnergy Nuclear Operating Co. Licenses Involving No Significant Normally, the Commission will not (Davis-Besse Nuclear Power Station, Hazards Considerations issue the amendment until the Unit 1); Petitioners’ Appeal of LBP– expiration of 60 days after the date of 04–11. I. Background publication of this notice. The *The schedule of Commission Pursuant to section 189a.(2) of the Commission may issue the license meeting is subject to change on short Atomic Energy Act of 1954, as amended amendment before expiration of the 60- notice. To verify the status of meetings (the Act), the U.S. Nuclear Regulatory day period provided that its final call (recording) (301) 415–1292. Commission (the Commission or NRC determination is that the amendment Contract person for more information: staff) is publishing this regular biweekly involves no significant hazards Dave Gamberoni, (301) 415–1651. notice. The Act requires the consideration. In addition, the * * * * * Commission publish notice of any Commission may issue the amendment prior to the expiration of the 30-day ADDITIONAL INFORMATION: By a vote of 3– amendments issued, or proposed to be comment period should circumstances 0 on August 16, the Commission issued and grants the Commission the change during the 30-day comment determined pursuant to U.S.C. 552b(e) authority to issue and make period such that failure to act in a and 9.107(a) of the Commission’s rules immediately effective any amendment timely way would result, for example in that ‘‘Affirmation of FirstEnergy Nuclear to an operating license upon a derating or shutdown of the facility. Operating Co. (Davis-Besse Nuclear determination by the Commission that Should the Commission take action Power Station, Unit 1); Petitioners’ such amendment involves no significant prior to the expiration of either the Appeal of LBP–04–11’’ be held August hazards consideration, notwithstanding comment period or the notice period, it 17, and on less than one week’s notice the pendency before the Commission of will publish in the Federal Register a to the public. a request for a hearing from any person. This biweekly notice includes all notice of issuance. Should the * * * * * notices of amendments issued, or Commission make a final No Significant The NRC Commission Meeting proposed to be issued from July 23, Hazards Consideration Determination, Schedule can be found on the Internet 2004, through August 5, 2004. The last any hearing will take place after at: http://www.nrc.gov/what-we-do/ biweekly notice was published on issuance. The Commission expects that policy-making/schedule.html. August 3, 2004 (69 FR 46582). the need to take this action will occur * * * * * very infrequently. The NRC provides reasonable Notice of Consideration of Issuance of Written comments may be submitted accommodation to individuals with Amendments to Facility Operating by mail to the Chief, Rules and disabilities where appropriate. If you Licenses, Proposed No Significant Directives Branch, Division of need a reasonable accommodation to Hazards Consideration Determination, Administrative Services, Office of participate in these public meetings, or and Opportunity for a Hearing Administration, U.S. Nuclear Regulatory need this meeting notice or the The Commission has made a Commission, Washington, DC 20555– transcript or other information from the proposed determination that the 0001, and should cite the publication public meetings in another format (e.g. following amendment requests involve date and page number of this Federal braille, large print), please notify the no significant hazards consideration. Register notice. Written comments may NRC’s Disability Program Coordinator, Under the Commission’s regulations in also be delivered to Room 6D22, Two August Spector, at (301) 415–7080, 10 CFR 50.92, this means that operation White Flint North, 11545 Rockville TDD: (301) 415–2100, or by e-mail at of the facility in accordance with the Pike, Rockville, Maryland, from 7:30 [email protected]. Determinations on proposed amendment would not (1) a.m. to 4:15 p.m. Federal workdays. requests for reasonable accommodation Involve a significant increase in the Copies of written comments received will be made on a case-by-case basis. probability or consequences of an may be examined at the Commission’s * * * * * accident previously evaluated; or (2) Public Document Room (PDR), located This notice is distributed by mail to create the possibility of a new or at One White Flint North, Public File several hundred subscribers; if you no different kind of accident from any Area O1F21, 11555 Rockville Pike (first longer wish to receive it, or would like accident previously evaluated; or (3) floor), Rockville, Maryland. The filing of to be added to the distribution, please involve a significant reduction in a requests for a hearing and petitions for contact the Office of the Secretary, margin of safety. The basis for this leave to intervene is discussed below.

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Within 60 days after the date of provide a brief explanation of the bases U.S. Nuclear Regulatory Commission, publication of this notice, the licensee for the contention and a concise [email protected]; or (4) may file a request for a hearing with statement of the alleged facts or expert facsimile transmission addressed to the respect to issuance of the amendment to opinion which support the contention Office of the Secretary, U.S. Nuclear the subject facility operating license and and on which the petitioner/requestor Regulatory Commission, Washington, any person whose interest may be intends to rely in proving the contention DC, Attention: Rulemakings and affected by this proceeding and who at the hearing. The petitioner/requestor Adjudications Staff at (301) 415–1101, wishes to participate as a party in the must also provide references to those verification number is (301) 415–1966. proceeding must file a written request specific sources and documents of A copy of the request for hearing and for a hearing and a petition for leave to which the petitioner is aware and on petition for leave to intervene should intervene. Requests for a hearing and a which the petitioner/requestor intends also be sent to the Office of the General petition for leave to intervene shall be to rely to establish those facts or expert Counsel, U.S. Nuclear Regulatory filed in accordance with the opinion. The petition must include Commission, Washington, DC 20555– Commission’s ‘‘Rules of Practice for sufficient information to show that a 0001, and it is requested that copies be Domestic Licensing Proceedings’’ in 10 genuine dispute exists with the transmitted either by means of facsimile CFR part 2. Interested persons should applicant on a material issue of law or transmission to (301) 415–3725 or by e- consult a current copy of 10 CFR 2.309, fact. Contentions shall be limited to mail to [email protected]. A copy which is available at the Commission’s matters within the scope of the of the request for hearing and petition PDR, located at One White Flint North, amendment under consideration. The for leave to intervene should also be Public File Area 01F21, 11555 Rockville contention must be one which, if sent to the attorney for the licensee. Pike (first floor), Rockville, Maryland. proven, would entitle the petitioner/ Nontimely requests and/or petitions Publicly available records will be requestor to relief. A petitioner/ and contentions will not be entertained accessible from the Agencywide requestor who fails to satisfy these absent a determination by the Documents Access and Management requirements with respect to at least one Commission or the presiding officer of System’s (ADAMS) Public Electronic contention will not be permitted to the Atomic Safety and Licensing Board Reading Room on the Internet at the participate as a party. that the petition, request and/or the NRC Web site, http://www.nrc.gov/ Those permitted to intervene become contentions should be granted based on reading-rm/doc-collections/cfr/. If a parties to the proceeding, subject to any a balancing of the factors specified in 10 request for a hearing or petition for limitations in the order granting leave to CFR 2.309(a)(1)(i)–(viii). intervene, and have the opportunity to leave to intervene is filed within 60 For further details with respect to this participate fully in the conduct of the days, the Commission or a presiding action, see the application for hearing. officer designated by the Commission or amendment which is available for by the Chief Administrative Judge of the If a hearing is requested, and the Commission has not made a final public inspection at the Commission’s Atomic Safety and Licensing Board PDR, located at One White Flint North, Panel, will rule on the request and/or determination on the issue of no Public File Area 01F21, 11555 Rockville petition; and the Secretary or the Chief significant hazards consideration, the Pike (first floor), Rockville, Maryland. Administrative Judge of the Atomic Commission will make a final Publicly available records will be Safety and Licensing Board will issue a determination on the issue of no accessible from the Agencywide notice of a hearing or an appropriate significant hazards consideration. The Documents Access and Management order. final determination will serve to decide As required by 10 CFR 2.309, a when the hearing is held. If the final System’s (ADAMS) Public Electronic petition for leave to intervene shall set determination is that the amendment Reading Room on the Internet at the forth with particularity the interest of request involves no significant hazards NRC Web site, http://www.nrc.gov/ the petitioner in the proceeding, and consideration, the Commission may reading-rm/adams.html. If you do not how that interest may be affected by the issue the amendment and make it have access to ADAMS or if there are results of the proceeding. The petition immediately effective, notwithstanding problems in accessing the documents should specifically explain the reasons the request for a hearing. Any hearing located in ADAMS, contact the NRC why intervention should be permitted held would take place after issuance of PDR Reference staff at 1–800–397–4209, with particular reference to the the amendment. If the final (301) 415–4737 or by e-mail to following general requirements: (1) The determination is that the amendment [email protected]. name, address and telephone number of request involves a significant hazards Entergy Operations Inc., Docket No. 50– the requestor or petitioner; (2) the consideration, any hearing held would 382, Waterford Steam Electric Station, nature of the requestor’s/petitioner’s take place before the issuance of any Unit 3, St. Charles Parish, Louisiana right under the Act to be made a party amendment. to the proceeding; (3) the nature and A request for a hearing or a petition Date of amendment request: July 15, extent of the requestor’s/petitioner’s for leave to intervene must be filed by: 2004. property, financial, or other interest in (1) First class mail addressed to the Description of amendment request: the proceeding; and (4) the possible Office of the Secretary of the The licensee proposes to implement an effect of any decision or order which Commission, U.S. Nuclear Regulatory Alternate Source Term (AST) as may be entered in the proceeding on the Commission, Washington, DC 20555– permitted by section 50.67 of title 10 of requestor’s/petitioner’s interest. The 0001, Attention: Rulemaking and the Code of Federal Regulations (10 petition must also set forth the specific Adjudications Staff; (2) courier, express CFR) for calculating accident offsite contentions which the petitioner/ mail, and expedited delivery services: dose and doses to control room requestor seeks to have litigated at the Office of the Secretary, Sixteenth Floor, personnel. proceeding. One White Flint North, 11555 Rockville Basis for proposed no significant Each contention must consist of a Pike, Rockville, Maryland 20852, hazards consideration determination: specific statement of the issue of law or Attention: Rulemaking and As required by 10 CFR 50.91(a), the fact to be raised or controverted. In Adjudications Staff; (3) e-mail licensee has provided its analysis of the addition, the petitioner/requestor shall addressed to the Office of the Secretary, issue of no significant hazards

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consideration, which is presented Response: No. increase in the probability or consequences below: Implementing the AST is relevant only to of any accident previously evaluated. calculated accident dose consequences. The The DC electrical power system provides 1. Does the proposed change involve a AST involves quantities, isotopic normal and emergency DC electrical power significant increase in the probability or composition, chemical and physical for the standby emergency power sources, consequences of an accident previously characteristics, and release timing of emergency auxiliaries, and control and evaluated? radioactive material for use as inputs to switching during all Modes of operation. SR Response: No. accident dose analyses. The results of the 3.8.4.6 verifies the design capacity of the The use of an alternative source term is revised dose consequences analyses battery chargers. SR 3.8.4.7 demonstrates the recognized in the NRC [Nuclear Regulatory demonstrate that the regulatory acceptance design requirements (battery duty cycle) of Commission] regulation 10 CFR 50.67; criteria are met for each analyzed event. No the DC electrical power system. The guidance for its implementation is provided facility equipment, procedure, or process proposed amendment corrects a discrepancy in Regulatory Guide 1.183. The AST involves changes are required in conjunction with between the TS Bases and FSAR [Final Safety quantities, isotopic composition, chemical implementing the AST that could increase Analysis Report] and better aligns the PBNP and physical characteristics, and release the exposure of control room or offsite TS with the standard TS, which will enhance timing of radioactive material for use as individuals to radioactive material. The AST plant safety. Other proposed changes are inputs to accident dose analyses. As such, bounded by different TS requirements or the AST cannot affect the probability of does not affect the transient behavior of non- radiological parameters (e.g., RCS [reactor existing analyses contained in the FSAR, occurrence of a previously evaluated meet the intent of the existing tests, and do accident. No facility equipment, procedure, coolant system] pressure, containment pressure) that are pertinent to margin of not result in relaxation of the underlying or process changes are required in requirements. safety. conjunction with implementing the AST that The proposed change does not involve any Therefore, the proposed change does not could increase the likelihood of a previously hardware changes, nor does it affect the involve a significant reduction in a margin of analyzed accident. The proposed changes in probability of any event initiators. There will safety. the source term and the methodology for the be no change to normal plant operating dose consequence analyses generally follow The NRC staff has reviewed the parameters, engineered safety feature the guidance of Regulatory Guide 1.183. As licensee’s analysis and, based on this actuation setpoints, accident mitigation a result, there is no increase in the likelihood review, it appears that the three capabilities, or accident analysis assumptions of existing event initiators. or inputs. Regarding consequences, the results of standards of 10 CFR 50.92(c) are Therefore, the probability or consequences accident dose analyses using the AST are satisfied. Therefore, the NRC staff of any accident previously evaluated will not compared to TEDE [total effective dose proposes to determine that the be significantly increased as a result of the equivalent] acceptance criteria that account amendment request involves no proposed change. for the sum of deep dose equivalent (for significant hazards consideration. 2. Operation of the Point Beach Nuclear external exposure) and committed effective Attorney for licensee: N. S. Reynolds, Plant in accordance with the proposed dose equivalent (for internal exposure). Dose Esquire, Winston & Strawn 1400 L amendments does not result in a new or results were previously compared to separate different kind of accident from any accident limits on whole body, thyroid, and skin Street NW., Washington, DC 20005– previously evaluated. doses as appropriate for the particular 3502. No new accident scenarios, transient accident analyzed. The results of the revised NRC Section Chief: Robert A. Gramm. precursors, failure mechanisms, or limiting dose consequences analyses demonstrate that Nuclear Management Company, LLC, single failures are introduced as a result of the regulatory acceptance criteria are met for the proposed change. The revised each analyzed event. Implementing the AST, Docket Nos. 50–266 and 50–301, Point surveillance requirements will continue to however, involves no facility equipment, Beach Nuclear Plant, Units 1 and 2, assure equipment reliability such that plant procedure, or process changes that could Town of Two Creeks, Manitowoc safety is maintained or will be enhanced. affect the radioactive material actually County, Wisconsin Equipment important to safety will released during an event. Consequently, no continue to operate as designed. The changes conditions have been created that could Date of amendment request: April 8, do not result in any event previously deemed significantly increase the consequences of 2004. incredible being made credible. The changes any of the events being evaluated. Description of amendment request: do not result in adverse conditions or result Therefore, the proposed change does not The proposed amendments would in any increase in the challenges to safety involve a significant increase in the revise the Point Beach Nuclear Plant systems. Therefore, operation of the Point probability or consequences of any of the (PBNP) Technical Specification (TS) Beach Nuclear Plant in accordance with the events being evaluated. Surveillance Requirement (SR) 3.8.4.6 proposed amendment will not create the 2. Does the proposed change create the and SR 3.8.4.7, DC Sources-Operating, possibility of a new or different type of possibility of a new or different kind of accident from any accident previously accident from any accident previously to change the values of battery charger evaluated. evaluated? currents, replace the specified battery 3. Operation of the Point Beach Nuclear Response: No. charger voltage values with the phrase Plant in accordance with the proposed The AST involves quantities, isotopic ‘‘minimum established float voltage,’’ amendments does not result in a significant composition, chemical and physical add a new allowance for the method of reduction in a margin of safety. characteristics, and release timing of verifying battery charger capacity, and The DC electrical power system provides radioactive material for use as inputs to remove a restriction on the conduct of normal and emergency DC electrical power accident dose analyses. As such, the AST a modified performance discharge test. for the standby emergency power sources, cannot create the possibility of a new or emergency auxiliaries, and control and different kind of accident. No facility Basis for proposed no significant switching during all Modes of operation. SR equipment, procedure, or process changes hazards consideration determination: 3.8.4.6 verifies the design capacity of the have been made in conjunction with As required by title 10 of the Code of battery chargers. SR 3.8.4.7 demonstrates the implementing the AST that could initiate or Federal Regulations (10 CFR) section, design requirements (battery duty cycle) of substantially alter the progression of an 50.91(a), the licensee has provided its the DC electrical power system. accident. analysis of the issue of no significant The proposed change to these SRs Therefore, the proposed change does not hazards consideration which is continues to assure that design requirements create the possibility of a new or different presented below: of the DC electrical power system continue kind of accident from any previously to be met. There will be no change to the evaluated. 1. Operation of the Point Beach Nuclear departure from nucleate boiling ratio (DNBR) 3. Does the proposed change involve a Plant in accordance with the proposed correlation limit, the design DNBR limits, or significant reduction in a margin of safety? amendments does not result in a significant the safety analysis DNBR limits.

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There are no new or significant changes to EDG(s) will still occur unless the reason for Attorney for licensee: Ms. Lillian M. the initial conditions contributing to accident the EDG inoperability is demonstrably not Cuoco, Esq., Senior Counsel, Dominion severity or consequences. The proposed due to a common cause failure mechanism. Resources Services, Inc., Millstone amendment will not otherwise affect the Furthermore, elimination of unnecessary Power Station, Building 475, 5th Floor, plant protective boundaries, will not cause a testing of the operable EDG(s) will reduce release of fission products to the public, nor component wear and thus promote EDG Rope Ferry Road, Rt. 156, Waterford, will it degrade the performance of any other reliability and consequentially safety Connecticut 06385. structures, systems or components (SSCs) equipment availability. As a result, the NRC Section Chief: Stephanie M. important to safety. Therefore, the requested proposed change to the Surry Technical Coffin, Acting. Specifications does not involve any increase change will not result in a significant Previously Published Notices of reduction in the margin of safety. in the probability or the consequences of any accident or malfunction of equipment Consideration of Issuance of The NRC staff has reviewed the important to safety previously evaluated Amendments to Facility Operating licensee’s analysis and, based on this since neither accident probabilities nor Licenses, Proposed No Significant review, it appears that the three consequences are being affected by this Hazards Consideration Determination, standards of 10 CFR 50.92(c) are proposed change. and Opportunity for a Hearing satisfied. Therefore, the NRC staff 2. Does the proposed license amendment The following notices were previously proposes to determine that the create the possibility of a new or different published as separate individual amendment request involves no kind of accident from any accident previously evaluated? notices. The notice content was the significant hazards consideration. The proposed change does not involve a same as above. They were published as Attorney for licensee: Jonathan Rogoff, physical alteration of the plant or a change individual notices either because time Esquire, Vice President, Counsel & in the methods used to respond to plant did not allow the Commission to wait Secretary, Nuclear Management transients. No new or different equipment is for this biweekly notice or because the Company, LLC, 700 First Street, being installed and no installed equipment is action involved exigent circumstances. Hudson, WI 54016. being removed or operated in a different They are repeated here because the NRC Section Chief: L. Raghavan. manner. There is no alteration to the parameters within which the plant is biweekly notice lists all amendments Virginia Electric and Power Company, normally operated or in the setpoints which issued or proposed to be issued Docket Nos. 50–280 and 50–281, Surry initiate protective or mitigative actions. The involving no significant hazards Power Station, Unit Nos. 1 and 2, Surry EDGs will continue to perform their required consideration. County, Virginia safety functions. Furthermore, common cause For details, see the individual notice failure testing will continue to occur if the in the Federal Register on the day and Date of amendment request: June 23, EDG failure mechanism cannot be eliminated page cited. This notice does not extend 2004. as a common cause possibility. the notice period of the original notice. Description of amendment request: Consequently, no new failure modes are The proposed amendments would introduced by the proposed change. Entergy Nuclear Operations, Inc., revise the Technical Specifications (TS) Therefore, the proposed change to the Surry Docket No. 50–333, James A. FitzPatrick Technical Specifications does not create the requirements for verifying the possibility of a new or different kind of Nuclear Power Plant, Oswego County, operability of the remaining operable accident or malfunction of equipment New York emergency diesel generator (EDG) when important to safety from any previously Date of amendment request: July 28, either unit’s dedicated EDG or the evaluated. 2003, as supplemented on May 20, shared EDG is inoperable. 3. Does the proposed amendment involve 2004. Basis for proposed no significant a significant reduction in a margin of safety? Description of amendment request: hazards consideration determination: The proposed TS change does not impact station operation or any plant structure, The amendment would revise Technical As required by 10 CFR 50.91(a), the Specification Section 5.5.6, ‘‘Primary licensee has provided its analysis of the system or component that is relied upon for accident mitigation. Margin of safety is Containment Leakage Rate Testing issue of no significant hazards established through the design of the plant Program,’’ to allow a one-time extension consideration, which is presented structures, systems and components, the of the interval between the Type A, below: parameters within which the plant is integrated leakage rate tests, from 10 Dominion has reviewed the requirements operated, and the establishment of the years to no more than 15 years. of 10 CFR 50.92 as they relate to the setpoints for the actuation of equipment Date of publication of individual proposed change to the Surry Power Station, relied upon to respond to an event. Since notice in Federal Register: July 27, Units 1 and 2 Technical Specifications and station operations and EDG surveillance 2004 (69 FR 44696). has determined that a significant hazards requirements are not affected by the proposed change, the EDGs will continue to Expiration date of individual notice: consideration does not exist. The basis for September 27, 2004. this determination is provided as follows: be available to perform their required safety 1. Does the proposed license amendment functions. Furthermore, the change does not Notice of Issuance of Amendments to involve a significant increase in the impact the condition or performance of Facility Operating Licenses probability or consequences of an accident structures, systems or components relied previously evaluated? upon for accident mitigation or any safety During the period since publication of The proposed change does not impact the analysis assumptions. Therefore, the the last biweekly notice, the condition or performance of any plant proposed change to the Surry Technical Commission has issued the following structure, system or component. The Specifications does not involve any amendments. The Commission has proposed change clarifies the testing reduction in a margin of safety. determined for each of these requirement for the operable EDG(s) to limit The NRC staff has reviewed the amendments that the application testing to only the intended purpose of the licensee’s analysis and, based on this complies with the standards and requirement, which is to confirm a common review, it appears that the three requirements of the Atomic Energy Act cause failure mechanism does not exist in the opposite train’s EDG(s). The proposed change standards of 10 CFR 50.92(c) are of 1954, as amended (the Act), and the does not affect the initiators of analyzed satisfied. Therefore, the NRC staff Commission’s rules and regulations. events nor the assumed mitigation of proposes to determine that the The Commission has made appropriate accident or transient events. Common cause amendment request involves no findings as required by the Act and the failure testing of the remaining operable significant hazards consideration. Commission’s rules and regulations in

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10 CFR Chapter I, which are set forth in Specifications Task Force traveler 360, Instrumentation. Also, the amendment the license amendment. Revision 1. deletes the containment atmosphere Notice of Consideration of Issuance of Date of Issuance: July 30, 2004. gaseous radioactivity monitoring system Amendment to Facility Operating Effective date: July 30, 2004 and shall from TS 3/4.4.5.1. The amendment is License, Proposed No Significant be implemented within 60 days of based on NUREG–1432, ‘‘Standard Hazards Consideration Determination, issuance. Technical Specifications Combustion and Opportunity for a Hearing in Amendment No.: 245. Engineering Plants,’’ Revision 2, dated connection with these actions was Facility Operating License No. DPR– April 30, 2001. published in the Federal Register as 16: Amendment revised the Technical Date of issuance: July 30, 2004. indicated. Specifications. Unless otherwise indicated, the Date of initial notice in Federal Effective date: As of the date of Commission has determined that these Register: issuance and shall be implemented 60 amendments satisfy the criteria for The September 11, 2003, March 31, days from the date of issuance. categorical exclusion in accordance 2004, and April 16, 2004, letters Amendment No.: 197. with 10 CFR 51.22. Therefore, pursuant provided clarifying information within Facility Operating License No. NPF– to 10 CFR 51.22(b), no environmental the scope of the original application and 38: The amendment revised the impact statement or environmental did not change the staff’s initial Technical Specifications. assessment need be prepared for these proposed no significant hazards Date of initial notice in Federal amendments. If the Commission has consideration determination. The Register: May 25, 2004 (69 FR 29765). prepared an environmental assessment Commission’s related evaluation of this The July 8 and 16, 2004, under the special circumstances amendment is contained in a Safety supplemental letters provided provision in 10 CFR 51.12(b) and has Evaluation dated July 30, 2004. additional information that clarified the made a determination based on that No significant hazards consideration application, did not expand the scope of assessment, it is so indicated. comments received: No. For further details with respect to the the application as originally noticed, action see (1) the applications for Energy Northwest, Docket No. 50–397, and did not change the staff’s original amendment, (2) the amendment, and (3) Columbia Generating Station, Benton proposed no significant hazards the Commission’s related letter, Safety County, Washington consideration determination. The Evaluation and/or Environmental Date of application for amendment: Commission’s related evaluation of the Assessment as indicated. All of these April 19, 2004. amendment is contained in a Safety items are available for public inspection Brief description of amendment: The Evaluation dated July 30, 2004. at the Commission’s Public Document proposed change revises Technical No significant hazards consideration Room, located at One White Flint North, Specification 3.7.3, ‘‘Control Room comments received: No. Public File Area 01F21, 11555 Rockville Emergency Filtration (CREF) System,’’ Exelon Generation Company, LLC, Pike (first floor), Rockville, Maryland. to provide specific conditions, required Docket Nos. 50–237 and 50–249, Publicly available records will be actions, and completion times that Dresden Nuclear Power Station, Units 2 accessible from the Agencywide address a degraded control room and 3, Grundy County, Illinois Documents Access and Management envelope pressure boundary. The Systems (ADAMS) Public Electronic associated Bases were also revised. Date of application for amendments: Reading Room on the internet at the Date of issuance: July 26, 2004. October 10, 2002, supplemented by NRC Web site, http://www.nrc.gov/ Effective date: July 26, 2004, and shall letters dated October 10, and November reading-rm/adams.html. If you do not be implemented within 30 days from 21, 2003, and January 13, July 8, and have access to ADAMS or if there are the date of issuance. July 23, 2004. problems in accessing the documents Amendment No.: 188. Brief description of amendments: The located in ADAMS, contact the NRC Facility Operating License No. NPF– amendments revise the Dresden, Units 2 Public Document Room (PDR) Reference 21: The amendment revised the and 3, technical specifications (TS) to staff at 1 (800) 397–4209, (301) 415– Technical Specifications. increase the required number of 4737 or by e-mail to [email protected]. Date of initial notice in Federal operable main steam safety valves from Register: May 25, 2004 (69 FR 29764). AmerGen Energy Company, LLC, et al., eight to nine and add surveillance The Commission’s related evaluation requirements for the ninth valve. Docket No. 50–219, Oyster Creek of the amendment is contained in a Nuclear Generating Station, Ocean Safety Evaluation dated July 26, 2004. Date of issuance: July 30, 2004. County, New Jersey No significant hazards consideration Effective date: As of the date of Date of application for amendment: comments received: No. issuance and shall be implemented April 21, 2003, as supplemented on within 30 days. Entergy Operations, Inc., Docket No. 50– September 11, 2003, March 31, 2004, Amendment Nos.: 208/200. and April 16, 2004. 382, Waterford Steam Electric Station, Unit 3, St. Charles Parish, Louisiana Facility Operating License Nos. DPR– Brief description of amendment: The 19 and DPR–25: The amendments amendment revised the Technical Date of amendment request: May 7, revised the Technical Specifications. Specifications, Sections 3.7 and 4.7, 2004, as supplemented by letters dated Federal ‘‘Auxiliary Electrical Power,’’ and added July 8 and 16, 2004. Date of initial notice in a new Section 6.8.5, ‘‘Station Battery Brief description of amendment: The Register: Published in the Federal Monitoring and Maintenance Program,’’ amendment clarifies the actions of Register on December 10, 2002 (67 FR to make them generally consistent with Technical Specification (TS) 3/4.4.5.1, 75875). guidance set forth in NUREG–1433, Reactor Coolant System (RCS) Leakage; The Commission’s related evaluation ‘‘Standard Technical Specifications, revises the surveillance requirements of the amendments is contained in a General Electric Plants, BWR/4,’’ (SRs) of TS 3/4.4.5.2, RCS Operational Safety Evaluation dated July 30, 2004. Revision 2, and with the industry Leakage; and deletes duplication in TS No significant hazards consideration guidance identified as Technical 3/4.3.3.1, Radiation Monitoring comments received: No.

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Florida Power and Light Company, The Commission’s related evaluation to replace the current plant-specific Docket Nos. 50–250 and 50–251, Turkey of the amendment is contained in a reactor pressure vessel material Point Plant, Units 3 and 4, Miami-Dade Safety Evaluation dated August 2, 2004. surveillance program with the Boiling County, Florida No significant hazards consideration Water Reactor Vessel and Internals Date of application for amendments: comments received: No. Project Integrated Surveillance Program as the basis for demonstrating March 3, 2004. Omaha Public Power District, Docket compliance with the requirements of Brief description of amendments: The No. 50–285, Fort Calhoun Station, Unit Appendix H to Title 10 of the Code of amendments revised Technical No. 1, Washington County, Nebraska Specification (TS) Surveillance Federal Regulations part 50, ‘‘Reactor Date of amendment request: Vessel Material Surveillance Program Requirement 4.0.5 by updating the December 1, 2003, and its supplement American Society of Mechanical Requirements.’’ dated February 9, 2004. Date of issuance: July 23, 2004. Engineers (ASME) Boiler and Pressure Brief description of amendment: The Effective date: As of the date of Vessel Code references as the source of amendment revises the following issuance, to be implemented within 30 inservice testing requirements for ASME technical specifications (TS): (1) Item 14 days. Code Class 1, 2, and 3 pumps and of Table 3–3, ‘‘Minimum Frequences for Amendment No.: 151. valves. The amendments replace Checks, Calibrations and Testing of Facility Operating License No. NPF– references to Section XI of the Code Miscellaneous Instrumentation and 57: This amendment revised the with references to the ASME Code for Controls,’’ regarding testing of the facility’s License. Operation and Maintenance of Nuclear nuclear detector well cooling annulus Date of initial notice in Federal Power Plants (ASME OM Code), and exit air temperature detectors, (2) Item Register: April 29, 2003 (68 FR 22752). provides consistent use of terms 10a.2 of Table 3–5, ‘‘Minimum The August 14, 2003, letter provided between the TS and the ASME OM Code Frequencies for Equipment Tests,’’ clarifying information that did not by adding a biennial surveillance correcting a typographical error in the change the initial proposed no interval. title, (3) TS 3.17(iii), ‘‘Steam Generator significant hazards consideration Date of issuance: July 22, 2004. Tubes,’’ (4) TS 5.5, ‘‘Review and Audit,’’ determination or expand the application Effective date: As of the date of (5) TS 5.6, ‘‘Reportable Event Action,’’ beyond the scope of the original Federal issuance and shall be implemented by (6) TSs 5.7.1.b, 5.7.1.c, and 5.7.1.d, Register notice. February 21, 2005 for Unit 3, and by ‘‘Safety Limit Violation,’’ (7) TS 5.9.1.a, The Commission’s related evaluation April 14, 2005 for Unit 4. ‘‘Startup Report,’’ and (8) TS 5.9.4.c, of the amendment is contained in a Amendment Nos: 225 and 220. ‘‘Fire Protection Deficiency Report.’’ Safety Evaluation dated July 23, 2004. Renewed Facility Operating License These changes consist primarily of No significant hazards consideration Nos. DPR–31 and DPR–41: Amendments relocating material not required in the comments received: No. revised the Technical Specifications. TSs to other licensee-controlled Federal Notice of Issuance of Amendments to Date of initial notice in documents and correcting a Register: March 30, 2004 (69 FR Facility Operating Licenses and Final typographical error. Determination of No Significant 16620). Date of issuance: July 23, 2004. The Commission’s related evaluation Hazards Consideration and Effective date: July 23, 2004, and shall Opportunity for a Hearing (Exigent of the amendments is contained in a be implemented within 120 days of Safety Evaluation dated July 22, 2004. Public Announcement or Emergency issuance. Circumstances) No significant hazards consideration Amendment No.: 228. comments received: No. Renewed Facility Operating License During the period since publication of the last biweekly notice, the Nuclear Management Company, LLC, No. DPR–40: The amendment revised Commission has issued the following Docket No. 50–255, Palisades Plant, Van the Technical Specifications. amendments. The Commission has Buren County, Michigan Date of initial notice in Federal Register: March 2, 2004 (69 FR 9863). determined for each of these Date of application for amendment: The February 9, 2004, supplemental amendments that the application for the September 18, 2003. letter provided additional information amendment complies with the Brief description of amendment: The that clarified the application, did not standards and requirements of the amendment revises Technical expand the scope of the application as Atomic Energy Act of 1954, as amended Specification (TS) Section 3.4.1, by originally noticed, and did not change (the Act), and the Commission’s rules relocating the primary coolant system the staff’s original no significant hazards and regulations. The Commission has pressure, cold-leg temperature, and flow consideration determination. made appropriate findings as required departure from nucleate boiling limits to The Commission’s related evaluation by the Act and the Commission’s rules the core operating limits report. The of the amendment is contained in a and regulations in 10 CFR chapter I, amendment also revises TS section 5.6.5 safety evaluation dated July 23, 2004. which are set forth in the license to reflect the changes to TS section No significant hazards consideration amendment. 3.4.1. comments received: No. Because of exigent or emergency Date of issuance: August 2, 2004. circumstances associated with the date Effective date: As of the date of PSEG Nuclear LLC, Docket No. 50–354, the amendment was needed, there was issuance and shall be implemented Hope Creek Generating Station, Salem not time for the Commission to publish, within 90 days. County, New Jersey for public comment before issuance, its Amendment No.: 217. Date of application for amendment: usual Notice of Consideration of Facility Operating License No. DPR– December 23, 2002, as supplemented Issuance of Amendment, Proposed No 20. Amendment revised the Technical August 14, 2003. Significant Hazards Consideration Specifications. Brief description of amendment: This Determination, and Opportunity for a Date of initial notice in Federal amendment revises the Hope Creek Hearing. Register: October 14, 2003 (68 FR licensing basis, as described in the For exigent circumstances, the 59218). Updated Final Safety Analysis Report, Commission has either issued a Federal

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Register notice providing opportunity made a determination based on that notice of a hearing or an appropriate for public comment or has used local assessment, it is so indicated. order. media to provide notice to the public in For further details with respect to the As required by 10 CFR 2.309, a the area surrounding a licensee’s facility action see (1) the application for petition for leave to intervene shall set of the licensee’s application and of the amendment, (2) the amendment to forth with particularity the interest of Commission’s proposed determination Facility Operating License, and (3) the the petitioner in the proceeding, and of no significant hazards consideration. Commission’s related letter, Safety how that interest may be affected by the The Commission has provided a Evaluation and/or Environmental results of the proceeding. The petition reasonable opportunity for the public to Assessment, as indicated. All of these should specifically explain the reasons comment, using its best efforts to make items are available for public inspection why intervention should be permitted available to the public means of at the Commission’s Public Document with particular reference to the communication for the public to Room, located at One White Flint North, following general requirements: (1) The respond quickly, and in the case of Public File Area 01F21, 11555 Rockville name, address and telephone number of telephone comments, the comments Pike (first floor), Rockville, Maryland. the requestor or petitioner; (2) the have been recorded or transcribed as Publicly available records will be nature of the requestor’s/petitioner’s appropriate and the licensee has been accessible from the Agencywide right under the Act to be made a party informed of the public comments. Documents Access and Management to the proceeding; (3) the nature and In circumstances where failure to act System’s (ADAMS) Public Electronic extent of the requestor’s/petitioner’s in a timely way would have resulted, for Reading Room on the Internet at the property, financial, or other interest in example, in derating or shutdown of a NRC Web site, http://www.nrc.gov/ the proceeding; and (4) the possible nuclear power plant or in prevention of reading-rm/adams.html. If you do not effect of any decision or order which either resumption of operation or of have access to ADAMS or if there are may be entered in the proceeding on the increase in power output up to the problems in accessing the documents requestor’s/petitioner’s interest. The plant’s licensed power level, the located in ADAMS, contact the NRC petition must also identify the specific Commission may not have had an Public Document Room (PDR) Reference contentions which the petitioner/ opportunity to provide for public staff at 1 (800) 397–4209, (301) 415– requestor seeks to have litigated at the comment on its no significant hazards 4737 or by e-mail to [email protected]. proceeding. consideration determination. In such The Commission is also offering an Each contention must consist of a case, the license amendment has been specific statement of the issue of law or issued without opportunity for opportunity for a hearing with respect to fact to be raised or controverted. In comment. If there has been some time the issuance of the amendment. Within addition, the petitioner/requestor shall for public comment but less than 30 60 days after the date of publication of provide a brief explanation of the bases days, the Commission may provide an this notice, the licensee may file a opportunity for public comment. If request for a hearing with respect to for the contention and a concise comments have been requested, it is so issuance of the amendment to the statement of the alleged facts or expert stated. In either event, the State has subject facility operating license and opinion which support the contention been consulted by telephone whenever any person whose interest may be and on which the petitioner intends to possible. affected by this proceeding and who rely in proving the contention at the Under its regulations, the Commission wishes to participate as a party in the hearing. The petitioner must also may issue and make an amendment proceeding must file a written request provide references to those specific immediately effective, notwithstanding for a hearing and a petition for leave to sources and documents of which the the pendency before it of a request for intervene. Requests for a hearing and a petitioner is aware and on which the a hearing from any person, in advance petition for leave to intervene shall be petitioner intends to rely to establish of the holding and completion of any filed in accordance with the those facts or expert opinion. The required hearing, where it has Commission’s ‘‘Rules of Practice for petition must include sufficient determined that no significant hazards Domestic Licensing Proceedings’’ in 10 information to show that a genuine consideration is involved. CFR part 2. Interested persons should dispute exists with the applicant on a The Commission has applied the consult a current copy of 10 CFR 2.309, material issue of law or fact.1 standards of 10 CFR 50.92 and has made which is available at the Commission’s Contentions shall be limited to matters a final determination that the PDR, located at One White Flint North, within the scope of the amendment amendment involves no significant Public File Area 01F21, 11555 Rockville under consideration. The contention hazards consideration. The basis for this Pike (first floor), Rockville, Maryland, must be one which, if proven, would determination is contained in the and electronically on the Internet at the entitle the petitioner to relief. A documents related to this action. NRC Web site, http://www.nrc.gov/ petitioner/requestor who fails to satisfy Accordingly, the amendments have reading-rm/doc-collections/cfr/. If there these requirements with respect to at been issued and made effective as are problems in accessing the document, least one contention will not be indicated. contact the PDR Reference staff at 1– permitted to participate as a party. Unless otherwise indicated, the (800)–397–4209, (301) 415–4737, or by Each contention shall be given a Commission has determined that these e-mail to [email protected]. If a request for a separate numeric or alpha designation amendments satisfy the criteria for hearing or petition for leave to intervene within on of the following groups: categorical exclusion in accordance is filed by the above date, the 1. Technical—primarily concerns/ with 10 CFR 51.22. Therefore, pursuant Commission or a presiding officer issues relating to technical and/or to 10 CFR 51.22(b), no environmental designated by the Commission or by the impact statement or environmental Chief Administrative Judge of the 1 To the extent that the applications contain assessment need be prepared for these Atomic Safety and Licensing Board attachments and supporting documents that are not amendments. If the Commission has Panel, will rule on the request and/or publicly available because they are asserted to contain safeguards or proprietary information, prepared an environmental assessment petition; and the Secretary or the Chief petitioners desiring access to this information under the special circumstances Administrative Judge of the Atomic should contact the applicant or applicant’s counsel provision in 10 CFR 51.12(b) and has Safety and Licensing Board will issue a and discuss the need for a protective order.

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health and safety matters discussed or Commission, Washington, DC 20555– Effective date: July 23, 2004, and is referenced in the applications. 0001, and it is requested that copies be effective until the ‘A’ train of the Unit 2. Environmental—primarily transmitted either by means of facsimile 1 LHSI system is returned to operable concerns/issues relating to matters transmission to 301–415–3725 or by e- status or until July 28, 2004, at 1723 discussed or referenced in the mail to [email protected]. A copy hours, whichever occurs first. environmental analysis for the of the request for hearing and petition Amendment No.: 236. applications. for leave to intervene should also be Renewed Facility Operating License 3. Miscellaneous—does not fall into sent to the attorney for the licensee. No. NPF–4: Amendment revises the one of the categories outlined above. Nontimely requests and/or petitions Technical Specifications. As specified in 10 CFR 2.309, if two and contentions will not be entertained Public comments requested as to or more petitioners/requestors seek to absent a determination by the proposed no significant hazards co-sponsor a contention, the petitioners/ Commission or the presiding officer or consideration (NSHC): No. The requestors shall jointly designate a the Atomic Safety and Licensing Board Commission’s related evaluation of the representative who shall have the that the petition, request and/or the amendment, finding of emergency authority to act for the petitioners/ contentions should be granted based on circumstances, state consultation, and requestors with respect to that a balancing of the factors specified in 10 final NSHC determination are contained contention. If a petitioner/requestor CFR 2.309(a)(1)(i)–(viii). in a Safety Evaluation dated July 23, seeks to adopt the contention of another 2004. sponsoring petitioner/requestor, the Pacific Gas and Electric Company, Attorney for licensee: Ms. Lillian M. petitioner/requestor who seeks to adopt Docket No. 50–323, Diablo Canyon Cuoco, Esq., Senior Counsel, Dominion the contention must either agree that the Nuclear Power Plant, Unit No. 2, San Resources Services, Inc., Millstone sponsoring petitioner/requestor shall act Luis Obispo County, California Power Station, Building 475, 5th Floor, as the representative with respect to that Date of application for amendment: Rope Ferry Road, Rt. 156, Waterford, contention, or jointly designate with the July 30, 2004, and its supplement dated Connecticut 06385. sponsoring petitioner/requestor a July 30, 2004. NRC Section Chief: Stephanie M. representative who shall have the Brief description of amendment: The Coffin, Acting. authority to act for the petitioners/ amendment authorizes a one-time Dated at Rockville, Maryland, this 9th day requestors with respect to that change to the completion time of of August 2004. contention. Required Action A.1 of Technical For the Nuclear Regulatory Commission. Those permitted to intervene become Specification 3.6.6, ‘‘Containment Spray James E. Lyons, parties to the proceeding, subject to any and Cooling Systems,’’ to increase the Deputy Director, Division of Licensing Project limitations in the order granting leave to completion time for containment spray Management Office of Nuclear Reactor intervene, and have the opportunity to pump 2–2 from 72 hours to 14 days. Regulation. participate fully in the conduct of the Date of issuance: July 30, 2004. [FR Doc. 04–18512 Filed 8–18–04; 8:45 am] hearing. Since the Commission has Effective date: July 30, 2004. BILLING CODE 7590–01–P made a final determination that the Amendment Nos.: 173. amendment involves no significant Facility Operating License No. DPR– hazards consideration, if a hearing is 82: The amendment revised the NUCLEAR WASTE TECHNICAL requested, it will not stay the Technical Specifications. REVIEW BOARD effectiveness of the amendment. Any Public comments requested as to hearing held would take place while the proposed no significant hazards September 20, 2004—Las Vegas, amendment is in effect. consideration (NSHC): No. The Nevada: The U.S. Nuclear Waste A request for a hearing or a petition Commission’s related evaluation of the Technical Review Board Will Meet With for leave to intervene must be filed by: amendment, finding of emergency the Department of Energy (DOE) and (1) First class mail addressed to the circumstances, State consultation, and Interested Parties To Discuss the Office of the Secretary of the final NSHC determination are contained Processes Used To Develop and Commission, U.S. Nuclear Regulatory in a Safety Evaluation dated July 30, Review the DOE’s Total System Commission, Washington, DC 20555– 2004. Performance Assessment of the 0001, Attention: Rulemaking and Attorney for licensee: Richard F. Proposed Yucca Mountain Repository Adjudications Staff; (2) courier, express Locke, Esq., Pacific Gas and Electric Site mail, and expedited delivery services: Company, P.O. Box 7442, San Office of the Secretary, Sixteenth Floor, Francisco, California 94120. Pursuant to its authority under One White Flint North, 11555 Rockville NRC Section Chief: Stephen Dembek. section 5051 of Public Law 100–203, Pike, Rockville, Maryland, 20852, Nuclear Waste Policy Amendments Act Attention: Rulemaking and Virginia Electric and Power Company, of 1987, the U.S. Nuclear Waste Adjudications Staff; (3) e-mail Docket No. 50–338, North Anna Power Technical Review Board will meet in addressed to the Office of the Secretary, Station, Unit 1, Louisa County, Virginia Las Vegas, Nevada, on Monday, U.S. Nuclear Regulatory Commission, Date of amendment request: July 23, September 20, 2004. The primary focus [email protected]; or (4) 2004. of the meeting will be an overview of facsimile transmission addressed to the Description of amendment request: the purpose, scope, methodology, Office of the Secretary, U.S. Nuclear This amendment allows a one-time 7- criteria, and modeling of the Regulatory Commission, Washington, day completion time to repair a weld Department of Energy’s (DOE) Total DC, Attention: Rulemakings and leak that was discovered on the low- System Performance Assessment (TSPA) Adjudications Staff at (301) 415–1101, head safety injection (LHSI) suction of the Yucca Mountain site. Other issues verification number is (301) 415–1966. pump piping. This change is needed to pertinent to a proposed repository at A copy of the request for hearing and prevent an unnecessary plant transient Yucca Mountain in Nevada are petition for leave to intervene should and unscheduled shutdown of North scheduled to be discussed, including also be sent to the Office of the General Anna Unit 1. repository design and DOE activities Counsel, U.S. Nuclear Regulatory Date of issuance: July 23, 2004. related to seismic issues. The meeting

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will be open to the public, and Davonya Barnes of the Board’s staff, October 22, 2003,7 and August 12, opportunities for public comment will beginning on October 18, 2004. 2004,8 respectively. The Commission is be provided. The Board is charged by A block of rooms has been reserved at publishing this notice to solicit Congress with reviewing the technical the Atrium Suites Hotel for meeting comments on the proposed rule change, and scientific validity of activities participants. When making a as amended, from interested persons. undertaken by the DOE related to reservation, please state that you are I. Self-Regulatory Organization’s nuclear waste disposal as stipulated in attending the Nuclear Waste Technical Statement of the Terms of Substance of the Nuclear Waste Policy Amendments Review Board meeting. Reservations the Proposed Rule Change Act of 1987. should be made by September 3, 2004, The meeting is scheduled to begin at to ensure receiving the meeting rate. The Exchange proposes to amend 8 a.m. and to continue until For more information, contact Karyn Amex Rules 958A and 958A—ANTE to approximately 5:30 p.m. It will be held Severson, NWTRB External Affairs; require the immediate display of at the Atrium Suites Hotel (formerly the 2300 Clarendon Boulevard; Suite 1300; customer options limit orders that better Crowne Plaza Hotel); 4255 South Arlington, VA 22201–3367; (tel.) 703– the current market quotation. In Paradise Road; Las Vegas, NV 89109; 235–4473; (fax) 703–235–4495. addition, the Exchange proposes to (tel.) 702–369–4400; (fax) 702–369– amend Amex Rule 590 to include Dated: August 11, 2004. 3770. violations of the options limit order The meeting will begin with DOE Karyn D. Severson, display rules in the Minor Rule program and project updates for fiscal Director, External Affairs, Nuclear Waste Violation Fine System. The text of the year 2005. The updates will be followed Technical Review Board. proposed rule change follows. Proposed by discussions of the repository design [FR Doc. 04–19015 Filed 8–18–04; 8:45 am] new text is in italics. that the DOE intends to carry forward in BILLING CODE 6820–AM–M a Yucca Mountain license application Rule 590 General Rule Violations and of activities that the DOE is (a) through (f) No changes. undertaking related to seismic issues. SECURITIES AND EXCHANGE (g) The Enforcement Department may After lunch, the focus will be on the COMMISSION impose fines according to the following DOE’s TSPA for a Yucca Mountain schedule for the rule violations listed repository. The DOE will begin the [Release No. 34–50188; File No. SR–Amex– below: 00–27] session with presentations on the * * * * * purpose and scope of TSPA; regulatory • Self-Regulatory Organizations; Violation of the Limit Order Display requirements related to TSPA; the American Stock Exchange LLC; Notice Rule. (SEC Rule 11Ac1–4 and Amex approach and methodology used to Rule 958A(e)) conduct the TSPA; and the development of Filing of Proposed Rule Change and * * * * * of TSPA models, including changes Amendments No. 1, 2, 3, 4, 5, and 6 from the last TSPA. Following these Thereto To Require the Immediate Rule 958A Application of the Firm presentations, representatives from the Display of Customer Option Limit Quote Rule and the Limit Order Display Nuclear Regulatory Commission (NRC) Orders Rule have been invited to comment on the August 12, 2004. (a) through (d) No change. TSPA process and criteria from the Pursuant to Section 19(b)(1) of the (e) Customer Limit Orders: (1) NRC’s perspective. The Electric Power Securities Exchange Act of 1934 Specialists shall publish immediately Research Institute also has been asked to (‘‘Exchange Act’’ or ‘‘Act’’) 1 and Rule upon receipt the price and size of each present the latest version of its TSPA. 19b–4 thereunder,2 notice is hereby customer options limit order held by the Changes may be made to this tentative given that on May 10, 2000, the specialist that is at a price or size that meeting agenda. A final agenda American Stock Exchange LLC (‘‘Amex’’ would improve the displayed bid or detailing meeting times, topics, and or ‘‘Exchange’’) filed with the Securities offer in the option that is the subject of participants will be available and Exchange Commission the limit order. ‘‘Immediately upon approximately one week before the (‘‘Commission’’) the proposed rule receipt’’ shall mean, under normal meeting date. Copies of the meeting change as described in Items I, II and III market conditions, as soon as agenda can be requested by telephone or below, which Items have been prepared practicable but no later than 30 seconds obtained from the Board’s Web site at by the Exchange. The Exchange filed after receipt. http://www.nwtrb.gov. (2) The requirement in subparagraph Time will be set aside at the end of amendments to the proposed rule 3 (1) shall not apply to any customer the day on Monday for public change on March 13, 2002, April 3, 4 5 6 options limit order that: (i) Is executed comments. Those wanting to speak are 2003, July 15, 2003, August 19, 2003, upon receipt of the order; (ii) is placed encouraged to sign the ‘‘Public 1 by a customer that expressly requests, Comment Register’’ at the check-in 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. either at the time that the order is table. A time limit may have to be set 3 On March 13, 2002, the Exchange filed a Form on individual remarks, but written 19b–4, which replaced the original filing in its 7 See letter from Claire P. McGrath, Senior Vice comments of any length may be entirety (‘‘Amendment No. 1’’). President and Deputy General Counsel, Amex, to submitted for the record. Interested 4 On April 3, 2003, the Exchange filed a Form Nancy Sanow, Assistant Director, Division of parties also will have the opportunity to 19b–4, which replaced the original filing in and Market Regulation, Commission, dated October 21, submit questions in writing to the Amendment No. 1 in their entirety (‘‘Amendment 2003 (‘‘Amendment No. 5’’). In Amendment No. 5, No. 2’’). the Exchange amended the proposed text of Amex Board. As time permits, submitted 5 On July 15, 2003, the Exchange filed a Form Rule 958(A)(e) to require that specialists publish questions relevant to the discussion may 19b–4, which replaced the original filing in and all immediately upon receipt, both the price and size be asked by Board members. previous amendments in their entirety of each customer options limit order that improves Transcripts of the meetings will be (‘‘Amendment No. 3’’). the displayed bid or offer. 6 On August 19, 2004, the Exchange filed a Form 8 On August 12, 2004, the Exchange filed a Form available on the Board’s Web site, by e- 19b–4, which replaced the original filing and all 19b–4, which replaced the original filing and all mail, on computer disk, and on a previous amendments in their entirety previous amendments in their entirety library-loan basis in paper format from (‘‘Amendment No. 4’’). (‘‘Amendment No. 6’’).

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placed or prior thereto pursuant to an during the opening trading rotation electronic routing system or manually individually negotiated agreement with whether at the beginning of the trading by the specialist after the order has been respect to each customer’s order, that day or after a trading halt provided the handed to him by a floor broker. the order not be displayed and upon order is displayed immediately upon the Currently, customer options limit orders receipt of the order, the specialist conclusion of the trading rotation; (v) is of up to 30,000 contracts can be announces to the trading crowd the an order type set forth in Rules 131 (c), electronically sent to the Exchange by information concerning the order that (e), (i), (k), (l), (q), (r) and (s), 950(e) and the member firms through the Amex would be displayed absent the 950—ANTE (e); or (vi) the terms of Order File system (‘‘AOF’’). If the limit customer’s request; (iii) is in excess of which are delivered by the specialist to order is executable (i.e., the customer 100 contracts, unless the customer another exchange for an execution. limit is at the displayed market) and is placing the order requests the order be (3) For purposes of this rule, the term within certain order size parameters,10 it displayed; (iv) is received prior to or ‘‘customer options limit order’’ shall will be automatically executed by the during the opening trading rotation mean an order to buy or sell an option Exchange’s Auto-Ex system or within whether at the beginning of the trading at a specified price and size that is for the ANTE System. If the limit order is day or after a trading halt, provided the the account of a customer as defined in for greater than the established size order is displayed immediately upon the paragraph (a)(26) of Rule 11Ac1–1 parameter or is not executable (i.e., the conclusion of the trading rotation; (v) is under the Securities Exchange Act of customer limit is away from—either an order type set forth in Rules 131 (c), 1934. better or worse than—the displayed (e), (i), (k), (l), (q), (r) and (s), 950(e) and •••Commentary market), it will be sent directly to the 950—ANTE (e); or (vi) the terms of AODB. If the limit order is better than which are delivered by the specialist to .01 through .02 No change. the current market, the specialist can another exchange for an execution. II. Self-Regulatory Organization’s either execute the order or display it. (3) For purposes of this rule, the term Statement of the Purpose of, and To improve on the timeliness of ‘‘customer options limit order’’ shall Statutory Basis for, the Proposed Rule displaying customer limit orders, the mean an order to buy or sell an option Change Exchange proposes to require the at a specified price and size that is for immediate display of customer options the account of a customer as defined in In its filing with the Commission, the limit orders, which, under normal paragraph (a)(26) of Rule 11Ac1–1 Exchange included statements market conditions, would mean as soon under the Securities Exchange Act of concerning the purpose of and basis for as practicable but no later than 30 1934. the proposed rule change and discussed seconds after receipt,11 unless a specific any comments it received on the exception applies. The proposed limit •••Commentary proposed rule change. The text of these order display rule would not apply to .01 through .02 No change. statements may be examined at the any customer limit order that: (i) Is * * * * * places specified in Item IV below. The executed upon receipt of the order; (ii) Exchange has prepared summaries, set a customer expressly requests not be Rule 958A—ANTE Application of the forth in sections A, B, and C below, of displayed and upon receipt of the order, Firm Quote Rule and the Limit Order the most significant aspects of such the specialist announces to the trading Display Rule statements. crowd the information concerning the (a) through (d) No change. A. Self-Regulatory Organization’s (e) Customer Limit Orders: (1) Statement of the Purpose of, and The ANTE Display Book is similar to the Specialists shall publish immediately Statutory Basis for, the Proposed Rule ‘‘Acknowledgement Box’’ currently found in the upon receipt the price and size of each AODB and contains orders awaiting manual Change handling. Use of the ANTE System was approved customer options limit order held by the by the Commission on May 20, 2004 and is specialist that is at a price or size that 1. Purpose currently being rolled-out across the Amex trading would improve the displayed bid or The Exchange proposes to amend floor. It is expected that all equity and index option offer in the option that is the subject of classes will be trading on the ANTE System by the Amex Rules 958A and 958A—ANTE to end of the third quarter of 2005. See Securities the limit order. ‘‘Immediately upon require the immediate display of Exchange Act Release No. 49747 (May 20, 2004), 69 receipt’’ shall mean, under normal customer options limit orders. Customer FR 30344 (May 27, 2004) (Order Approving File No. market conditions, as soon as limit orders in options are entered into SR–Amex–2003–89). practicable but no later than 30 seconds 10 The Exchange’s Auto-Ex feature was initially the specialist’s limit order book (the approved in 1985 to allow orders of up to 10 after receipt. ‘‘Amex Options Display Book’’ or contracts to be automatically executed. Over the (2) The requirement in subparagraph ‘‘AODB’’ or the ‘‘Central Book’’ for years, the Exchange states that it has recognized (1) shall not apply to any customer orders in options trading on the ANTE that the order size for some option classes should options limit order that: (i) is executed System 9) either through the Exchange’s be larger. The Exchange has obtained Commission upon receipt of the order; (ii) is placed approval to increase the order size for select option classes up to 500 contracts. See Securities Exchange by a customer that expressly requests, 9 ANTE is an integrated, scaleable, easily Act Release No. 47673 (April 14, 2003), 68 FR either at the time that the order is configurable system developed to meet the 19242 (April 18, 2003)(Order Approving File No. placed or prior thereto pursuant to an Exchange’s current and future competitive and SR–Amex–2003–08). In the ANTE System, the economic challenges. ANTE has been designed to automatic matching and execution of the executable individually negotiated agreement with replicate and improve upon many of the processes customer limit orders can occur up to the respect to each customer’s order, that and procedures in place on the trading floor. The disseminated size of the displayed quote. the order not be displayed and upon ANTE System has replaced many of the Exchange’s 11 ‘‘Receipt’’ for all option surveillance reports is receipt of the order, the specialist systems, including the automated quotation the time the order enters the Amex Order File announces to the trading crowd the calculation system and specialist ‘‘book’’ functions (‘‘AOF’’). Amex systems do not capture for use in such as limit order display, automatic order the surveillance reports the time an order is information concerning the order that execution and allocation of trades. The functions displayed on the AODB or on the Central Book, would be displayed absent the available in the AODB are split between the ANTE which may be a few seconds after the order entered customer’s request; (iii) is in excess of Central Book and the ANTE Display Book. The AOF. Thus, surveillance for the proposed limit Central Book contains what was formerly known as order display rule is similar to other rules, such as 100 contracts, unless the customer the ‘‘specialist’s limit order book’’ and provides for the firm quote rule, wherein the Exchange measures placing the order requests the order be the matching and execution of eligible orders compliance with the rule using the time the order displayed; (iv) is received prior to or similar to the Auto Match and Auto-Ex Systems. enters AOF.

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order that would be displayed absent at or above the stop price after the order limit order display rule for equities 14 the customer’s request; (iii) is in excess is represented in the trading crowd and are handled by the Exchange’s of 100 contracts, unless the customer a stop order to sell becomes a market Enforcement Department as part of the placing such order requests that the order when transaction in the option Minor Rule Violation Fine System set order be displayed; (iv) is received prior occurs at or below the stop price or the forth in Rule 590. The Exchange also to or during the opening trading rotation offer price is at or below the stop price proposes to expand Amex Rule 590 to whether at the beginning of the trading after the order is represented in the include violations of the options limit day or after a trading halt, provided the trading crowd (Amex Rule 131(q)); (7) order display rule set forth in Amex order is displayed immediately upon Stop Limit Orders—a stop limit order to Rules 958A(e) and 948A—ANTE (e). the conclusion of the trading rotation; buy becomes a limit order executable at In addition, the Exchange has recently (v) is an order type set forth in Amex the limit price or at a better price, if implemented a quote assist feature on a Rule 131 and made applicable to obtainable, when a transaction in the one-year pilot program basis for both the options trading pursuant to Amex Rules option occurs at or above the stop price AODB and the ANTE System, which 950(e) and 950—ANTE (e); and (vi) the or when the bid price in such option is automatically displays eligible limit terms of which are delivered by the at or above the stop price and a stop orders within a configurable time specialist to another exchange for an limit order to sell becomes a limit order period.15 While all customer limit execution. executable at the limit price or at a orders are expected to be displayed The Exchange proposes to exempt the better price, if obtainable, when a immediately, the quote assist features following order types set forth under transaction in the option occurs at or can be set to automatically display limit Amex Rule 131 and discussed in item below the stop price or when the offer orders at or close to the end of the 30- (v) above from display: (1) All or None price in such option is at or below the second time frame or within any other Orders—a market or limited price order stop price (Amex Rule 131 (r)); and (8) shorter time frame established by the which is to be executed in its entirety Complex Orders: Spread, Straddle, Exchange. In the event there are or not at all (Amex Rule 131 (c));12 (2) Switch and Combination—These orders instances where the specialist has not At the Close Orders—market on close involve the trading of more than one yet addressed the order within the (‘‘MOC’’) and limit on close (‘‘LOC’’) option series as a package, typically at applicable 30-second period, the quote orders are orders to buy or sell a stated a net debit or credit, as opposed to a assist feature will automatically display amount of a security at the Exchange’s specific limit price for each series the eligible customer limit order at or closing price. Regardless of the time at involved. Therefore, there is no close to the end of that period. The which an MOC or an LOC order is specified limit price for each series quote assist features help to ensure that entered, the specialist is required to involved to display. Moreover, the eligible customer limit orders are hold such order, and is precluded from Options Price Reporting Authority displayed within the required time representing, displaying or booking it (‘‘OPRA’’) does not accept for period then in effect. The Exchange until as near as possible to the close of dissemination complex order quotes at notes that the quote assist feature will trading. As a result it would be net prices. Each component series of not relieve the specialists of their impossible to determine whether the these complex orders is contingent upon obligation to display customer limit specialist met the limit order display the ability to execute the other orders immediately. To the extent that standard for those orders (Amex Rule component series in the order (Amex a specialist excessively relies on the 131(e)); (3) Fill or Kill Orders—market or Rules 131(s), 950(e) and 950—ANTE quote assist feature to display eligible limited price orders which are to be (e)). limit orders without attempting to executed in their entirety as soon as The Exchange staff will conduct address the orders immediately, the they are represented in the trading periodic reviews to ensure that specialist could be violating his due crowd or on the ANTE System, and specialists are displaying limit orders in diligence obligation. A practice of such orders, if not so executed, are to be a timely manner in compliance with the excessive reliance upon the quote assist treated as cancelled (Amex Rules 131(i) display requirement. In determining feature is reviewed by the Exchange’s and 950—ANTE (e)(vi)); (4) Immediate compliance with the Rule, the Exchange Member Firm Regulation as a possible or Cancel Orders—market or limited will take into consideration factors such due diligence violation. Finally, as part of the proposed rule price orders which are to be executed in as market conditions and trading change, the Exchange has developed whole or in part as soon as such orders activity in the option and underlying 13 automated systems to surveil for limit are represented in the trading crowd or security. Currently, violations of the order display violations and an on the ANTE System, and the portions 13 See also Exchange Act Rule 11Ac1–4, 17 CFR automated Specialist Limit Order not so executed are to be treated as 240.11Ac1–4, and NASD Notice to Members 99–99, Display Report that will detail, should cancelled (Amex Rules 131(k) and 950— which discusses member obligations to display the proposed rule change be approved, ANTE (e)(v)); (5) Not Held Order—a customer limit orders. Exchange Act Rule 11Ac1– instances when a specialist held an discretionary order with instructions 4 requires the immediate display of customer limit open customer order to buy or sell at a granting the agent discretion as to the orders. In adopting Exchange Act Rule 11Ac1–4, the Commission clarified that the ‘‘immediate’’ display price that was superior to the price and/or the time of execution. requirement meant that the orders must be specialist’s posted quote and did not Specialists are prohibited by Amex Rule displayed ‘‘as soon as is practicable after receipt which, under normal market conditions, would either execute or display the order in 154, Commentary .03 from accepting compliance with the proposed rule Not Held Orders (Amex Rule 131(l)); (6) require display no later than 30 seconds after receipt.’’ See Securities Exchange Act Release No. change. The Exchange believes Stop Orders—a stop order to buy 37619A, 61 FR 48290, at 48304 (September 12, implementing these enhancements will becomes a market order when a 1996). Interpretations, such as NASD Notice to be beneficial for the marketplace by transaction in the option occurs at or Members 99–99, further state that the 30-second requirement to display limit orders does not operate above the stop price or the bid price is as a safe harbor, that various factors should be taken 14 See Exchange Act Rule 11Ac1–4, 17 CFR into consideration when evaluating the immediacy 240.11Ac1–4. 12 The Commission’s Limit Order Display Rule for with which a customer limit order is displayed, and 15 See Securities Exchange Act Release No. 49797 equities provides an exception for ‘‘all or none’’ that any systematic delay in the handling of orders, (June 3, 2004) 69 FR 32637 (June 10, 2004) (Notice orders. See Exchange Act Rule 11Ac1–4(c)(7), 17 regardless of how long, would constitute a violation of Filing and Immediate Effectiveness of File No. CFR 240.11Ac1–4(c)(7). of the Exchange Act Rule 11Ac1–4. SR–Amex–2004–41).

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requiring the immediate display of Number SR–Amex–00–27 on the subject SECURITIES AND EXCHANGE customer limit orders that better the line. COMMISSION posted quote. Paper Comments [Release No. 34–50184; File No. SR–ISE– 2. Statutory Basis 2004–20] • Send paper comments in triplicate The Exchange believes the proposed to Jonathan G. Katz, Secretary, Self Regulatory Organizations; Notice rule change is consistent with section of Filing and Immediate Effectiveness 16 Securities and Exchange Commission, 6(b) of the Act, in general, and furthers of a Proposed Rule Change by the objectives of section 6(b)(5),17 in 450 Fifth Street, NW., Washington, DC 20549–0609. International Securities Exchange, Inc. particular, in that it is designed to To Amend ISE Rule 722 Relating to prevent fraudulent and manipulative All submissions should refer to File Ratio Orders acts and practices, to promote just and Number SR–Amex–00–27. This file equitable principles of trade, to foster number should be included on the August 12, 2004. cooperation and coordination with subject line if e-mail is used. To help the Pursuant to Section 19(b)(1) of the persons engaged in facilitating Commission process and review your Securities Exchange Act of 1934 (the transactions in securities, and to remove comments more efficiently, please use ‘‘Act’’),1 and Rule 19b–4 thereunder,2 impediments to and perfect the only one method. The Commission will notice is hereby given that on July 21, mechanism of a free and open market post all comments on the Commission’s 2004, the International Securities and a national market system. Internet Web site (http://www.sec.gov/ Exchange, Inc. (the ‘‘ISE’’ or B. Self-Regulatory Organization’s rules/sro.shtml). Copies of the ‘‘Exchange’’) filed with the Securities Statement on Burden on Competition submission, all subsequent and Exchange Commission (‘‘SEC’’ or amendments, all written statements ‘‘Commission’’) the proposed rule The proposed rule change will impose with respect to the proposed rule change as described in Items I, II, and no burden on competition. change that are filed with the III below, which items have been C. Self-Regulatory Organization’s Commission, and all written prepared by the ISE. The Exchange has filed the proposal as a ‘‘non- Statement on Comments on the communications relating to the controversial’’ rule change pursuant to Proposed Rule Change Received From proposed rule change between the Section 19(b)(3)(A)(iii) of the Act,3 and Members, Participants, or Others Commission and any person, other than Rule 19b–4(f)(6) thereunder,4 which No written comments were solicited those that may be withheld from the renders the proposal effective upon or received with respect to the proposed public in accordance with the filing with the Commission.5 The rule change. provisions of 5 U.S.C. 552, will be Commission is publishing this notice to available for inspection and copying in III. Date of Effectiveness of the solicit comments on the proposed rule the Commission’s Public Reference Proposed Rule Change and Timing for change from interested persons. Room. Copies of such filing also will be Commission Action available for inspection and copying at I. Self-Regulatory Organization’s Within 35 days of the date of the principal office of the Exchange. All Statement of the Terms of Substance of publication of this notice in the Federal comments received will be posted the Proposed Rule Change Register or within such longer period (i) without change; the Commission does The ISE proposes to amend Exchange as the Commission may designate up to not edit personal identifying Rule 722 ‘‘Complex Orders’’ to allow 90 days of such date if it finds such information from submissions. You ratio orders equal to or greater than one- longer period to be appropriate and should submit only information that to-three (.333) and less than or equal to publishes its reasons for so finding or you wish to make available publicly. All three-to-one (3.00). The text of the (ii) as to which the Exchange consents, submissions should refer to File proposed rule change appears below. the Commission will: Number SR–Amex–00–27 and should be Proposed new language is in italics; (A) By order approve such proposed proposed deletions are in [brackets]. rule change, as amended, or submitted on or before September 9, 2004. Rule 722. Complex Orders: (B) Institute proceedings to determine (a) Complex Orders Defined. A whether the proposed rule change For the Commission, by the Division of complex order is any order for the same should be disapproved. Market Regulation, pursuant to delegated account as defined below: authority.18 IV. Solicitation of Comments (1)–(5)—No change. Margaret H. McFarland, (6) Ratio Order. A spread, straddle, or Interested persons are invited to combination order may consist of legs submit written data, views, and Deputy Secretary. [FR Doc. 04–18980 Filed 8–18–04; 8:45 am] that have a different number of arguments concerning the foregoing, contracts, so long as the number of including whether the proposed rule BILLING CODE 8010–01–P contracts differs by a permissible ratio. change, as amended, is consistent with For purposes of this paragraph, a the Act. Comments may be submitted by permissible ratio [of contracts] is any any of the following methods: ratio that is equal to or greater than [.5] Electronic Comments one-to-three (.333) and less than or • equal to three-to-one (3.00). For Use the Commission’s Internet example, a one-to-two (.5) ratio, a two- comment form (http://www.sec.gov/

rules/sro.shtml); or 1 • 15 U.S.C. 78s(b)(1). Send an e-mail to rule- 2 17 CFR 240.19b–4. [email protected]. Please include File 3 15 U.S.C. 78s(b)(3)(A)(iii). 4 17 CFR 240.19b–4(f)(6). 16 15 U.S.C. 78f(b). 5 The Exchange asked the Commission to waive 17 15 U.S.C. 78f(b)(5). 18 17 CFR 200.30–3(a)(12). the 30-day operative delay. See Rule 19b–4(f)(6)(iii).

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to-three (.667) ratio, or a two-to-one (2.0) priority rules set forth in Exchange Rule waive the 30-day operative delay, as ratio is permissible, whereas a one-to- 722(b) to the proposed ratio orders. specified in Rule 19b–4(f)(6)(iii),9 and four (.25) ratio or a four-to-one (4.0) designate the proposed rule change to 2. Statutory Basis ratio is not [(which is equal to .5) and become operative immediately. The a six-to-ten ratio (which is equal to .6) The Exchange believes the proposed Exchange represents that the proposed are permitted, but one-to-three ratio rule change is consistent with the rule change is based on a Chicago Board (which is equal to .333) is not]. requirements under Section 6(b)(5) of Options Exchange (‘‘CBOE’’) rule 6 * * * * * the Act in that it is designed to change recently approved by the promote just and equitable principles of Commission,10 and that, as a result, the II. Self-Regulatory Organization’s trade, to remove impediments to and ISE’s proposed rule change does not Statement of the Purpose of, and perfect the mechanism for a free and present any novel issues. Statutory Basis for, the Proposed Rule open market and a national market The Commission believes that it is Change system, and, in general, to protect consistent with the protection of In its filing with the Commission, the investors and the public interest. The investors and the public interest to Exchange included statements Exchange believes that the proposed designate the proposal immediately concerning the purpose of, and basis for, rule change is consistent with these operative.11 The Commission believes the proposed rule change and discussed objectives in that it helps market that permitting ratio orders to have any comments it received on the participants to tailor their positions ratios equal to or greater than one-to- proposed rule change. The text of these more precisely to implement their three (.333) or less than or equal to statements may be examined at the trading and hedging strategies. three-to-one (3.00) may provide market places specified in Item IV below. The B. Self-Regulatory Organization’s participants with greater flexibility and ISE has prepared summaries, set forth in Statement on Burden on Competition precision in effectuating trading and sections A, B, and C below, of the most hedging strategies. The Commission also significant aspects of such statements. The Exchange does not believe that believes that the procedures governing the proposed rule change will impose ratio orders serve to reduce the risk of A. Self-Regulatory Organization’s any burden on competition that is not incomplete or inadequate executions.12 Statement of the Purpose of, and necessary or appropriate in furtherance In designating the proposal immediately Statutory Basis for, the Proposed Rule of the purposes of the Act. operative, the Commission also does not Change C. Self-Regulatory Organization’s believe that the proposed rule change 1. Purpose Statement on Comments on the raises any new issues of regulatory Under Exchange Rule 722(a)(6), a Proposed Rule Change Received from concern. The Commission notes that the spread, straddle, or combination order Members, Participants or Others proposed rule change is similar to a CBOE proposed rule change recently may consist of legs that have a different The Exchange has neither solicited number of contracts, so long as the approved by the Commission that was nor received written comments on the subject to the full notice and comment number of contracts differs by a proposed rule change. 13 permissible ratio. Currently, a period. No comments were received permissible ratio is any ratio that is III. Date of Effectiveness of the on the CBOE proposal. Accordingly, the equal to or greater than .5. For example, Proposed Rule Change and Timing for Commission, consistent with the under the current rule, a one-to-two Commission Action protection of investors and the public interest, has waived the 30-day ratio (which is equal to .5) and a six-to- Because the proposed rule change: (1) ten ratio (which is equal to .6) are operative date requirement for this Does not significantly affect the proposed rule change, and has permitted, but one-to-four ratio (which protection of investors or the public is equal to .25) is not. determined to designate the proposed interest; (2) does not impose any rule change as operative on July 21, The Exchange proposes to amend the significant burden on competition; and definition of a ratio order under 2004, the date it was submitted to the (3) does not become operative for 30 Commission. Exchange Rule 722 to allow ratios down days from the date of filing (or such to one-to-three (.333). The Exchange At any time within 60 days of the shorter time as the Commission may filing of the proposed rule change, the also proposes to clarify the language of designate if consistent with the Exchange Rule 722(a)(6) to specify that Commission may summarily abrogate protection of investors and the public such proposed rule change if it appears ratios of up to three-to-one (3.0) are also interest), the proposed rule change has permitted. For example, a one-to-two become effective pursuant to Section 9 17 CFR 240.19b-4(f)(6)(iii). (.5) ratio, a two-to-three (.667) ratio, or 7 19(b)(3)(A) of the Act and Rule 19b– 10 See Securities Exchange Act Release No. 48858 a two-to-one (2.0) ratio will be 4(f)(6) thereunder.8 (December 1, 2003), 68 FR 68128 (December 5, permissible, whereas a one-to-four (.25) A proposed rule change filed under 2003). ratio or a four-to-one (4.0) ratio will not. Rule 19b–4(f)(6) normally does not 11 For purposes only of accelerating the operative The Exchange believes that permitting date of this proposal, the Commission has become operative prior to 30 days after considered the proposed rule’s impact on ratio orders to have ratios equal to or the date of filing. However, Rule 19b– efficiency, competition, and capital formation. 15 greater than one-to-three or less than or 4(f)(6)(iii) permits the Commission to U.S.C. 78c(f). equal to three-to-one will help market designate a shorter time if such action 12 We note that because of concerns that a higher participants to tailor their positions is consistent with the protection of ratio could provide market participants with a more precisely to implement their means to enter a ratio order that was designed investors and the public interest. The primarily to give priority over orders on the limit trading and hedging strategies. Exchange satisfied the five-day pre- order book or in the trading crowd, rather than to The Exchange notes that it is only filing requirement. The Exchange effectuate a bona-fide trading or hedging strategy, proposing to change the definition of further requests that the Commission the Commission would need to closely examine any ratio order in Exchange Rule 722(a)(6) proposal to provide a higher ratio for ratio orders and would be concerned about whether such a by changing which ratios are 6 15 U.S.C. 78f(b)(5). proposal would be consistent with investor permissible thereunder. The Exchange 7 15 U.S.C. 78s(b)(3)(A). protection and the public interest under the Act. intends to apply the same, current 8 17 CFR 240.19b–4(f)(6). 13 See supra note 10.

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to the Commission that such action is For the Commission, by the Division of Act,5 in general, and furthers the necessary or appropriate in the public Market Regulation, pursuant to delegated objectives of Section 15A(b)(6),6 in interest, for the protection of investors, authority.15 particular, in that it is designed to or otherwise in furtherance of the Margaret H. McFarland, prevent fraudulent and manipulative purposes of the Act.14 Deputy Secretary. acts and practices, to promote just and [FR Doc. 04–18978 Filed 8–18–04; 8:45 am] equitable principles of trade, to foster IV. Solicitation of Comments BILLING CODE 8010–01–P cooperation and coordination with Interested persons are invited to persons engaged in regulating, clearing, submit written data, views, and settling, processing information with arguments concerning the foregoing, SECURITIES AND EXCHANGE respect to, and facilitating transactions including whether the proposed rule COMMISSION in securities, to remove impediments to change is consistent with the Act. and perfect the mechanism of a free and Comments may be submitted by any of [Release No. 34–50176; File No. SR–NASD– open market and a national market the following methods: 2004–065] system, and in general, to protect investors and the public interest. The Electronic Comments Self-Regulatory Organizations; proposed rule change will allow Nasdaq National Association of Securities • Use the Commission’s Internet greater flexibility to correct errors prior Dealers, Inc.; Order Approving comment form (http://www.sec.gov/ to the Nasdaq Closing Cross, which Proposed Rule Change Regarding the rules/sro.shtml); or should result in a Nasdaq Closing Cross Nasdaq Closing Cross • Send an e-mail to rule- that more accurately reflects the trading [email protected]. Please include File August 10, 2004. in a particular security at the close. No. SR–ISE–2004–20 on the subject On April 19, 2004, the National For the foregoing reasons, the line. Association of Securities Dealers, Inc. Commission finds that the proposed rule change is consistent with the Paper Comments (‘‘NASD’’), through its subsidiary, The Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), requirements of the Act and rules and • Send paper comments in triplicate filed with the Securities and Exchange regulations thereunder. It is therefore ordered, pursuant to to Jonathan G. Katz, Secretary, Commission (‘‘Commission’’), pursuant Section 19(b)(2) of the Act,7 that the Securities and Exchange Commission, to Section 19(b)(1) of the Securities proposed rule change (SR–NASD–2004– 450 Fifth Street, NW., Washington, DC Exchange Act of 1934 (‘‘Act’’) 1 and Rule 065) is approved. 20549–0609. 19b–4 thereunder,2 a proposed rule All submissions should refer to File change to amend the Nasdaq Closing For the Commission, by the Division of Number SR–ISE–2004–20. This file Cross. The proposed rule change was Market Regulation, pursuant to delegated 8 number should be included on the published for comment in the Federal authority. subject line if e-mail is used. To help the Register on June 4, 2004.3 The Margaret H. McFarland, Commission process and review your Commission received no comments on Deputy Secretary. comments more efficiently, please use the proposal. This order approves the [FR Doc. 04–18977 Filed 8–18–04; 8:45 am] only one method. The Commission will proposed rule change. BILLING CODE 8010–01–P post all comments on the Commission’s The proposed rule change would Internet Web site (http://www.sec.gov/ amend NASD Rule 4709 to permit rules/sro.shtml). Copies of the market participants to cancel Imbalance SECURITIES AND EXCHANGE submission, all subsequent Only orders (‘‘IOs’’), Market on Close COMMISSION amendments, all written statements orders (‘‘MOC’’), or Limit on Close [Release No. 34–50192; File No. SR–NASD– with respect to the proposed rule orders (‘‘LOC’’) between 3:50 p.m. EST 2004–123] change that are filed with the and 3:55 p.m. EST where a firm is able Commission, and all written to clearly demonstrate a legitimate error, Self-Regulatory Organizations; Notice communications relating to the including in the side, size, symbol, of Filing and Immediate Effectiveness proposed rule change between the price, or duplication of the order. of Proposed Rule Change by the Commission and any person, other than Market participants would not be National Association of Securities those that may be withheld from the permitted to cancel IO, MOC, or LOC Dealers, Inc. To Delete IM–2210–4(b) public in accordance with the orders after 3:55 p.m. EST for any and Rule Series 3400 as Obsolete provisions of 5 U.S.C. 552, will be reason. August 13, 2004. available for inspection and copying in The Commission finds that the Pursuant to Section 19(b)(1) of the the Commission’s Public Reference proposed rule change is consistent with Securities Exchange Act of 1934 Room. Copies of the filing also will be the requirements of the Act and the (‘‘Act’’) 1 and Rule 19b–4 2 thereunder, available for inspection and copying at rules and regulations thereunder notice is hereby given that on August the principal office of the ISE. All applicable to a national securities 10, 2004, the National Association of comments received will be posted association.4 The Commission believes Securities Dealers, Inc. (‘‘NASD’’) filed without change; the Commission does that the proposed rule change is with the Securities and Exchange not edit personal identifying consistent with Section 15A(b) of the Commission (‘‘Commission’’) the information from submissions. You proposed rule change as described in should submit only information that 15 17 CFR 200.30–3(a)(12). Items I, II, and III below, which Items you wish to make available publicly. All 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. submissions should refer to File 5 15 U.S.C. 78o–3(b). 3 See Securities Exchange Act Release No. 49783 Number SR–ISE–2004–20 and should be 6 (May 27, 2004), 69 FR 31650. 15 U.S.C. 78o–3(b)(6). submitted by September 9, 2004. 7 4 In approving this proposed rule change, the 15 U.S.C. 78s(b)(2). Commission has considered the proposed rule’s 8 17 CFR 200.30–3(a)(12). 14 See Section 19(b)(3)(C) of the Act, 15 U.S.C. impact on efficiency, competition, and capital 1 15 U.S.C. 78s(b)(1). 78s(b)(3)(C). formation. 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4.

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have been prepared by NASD. NASD pricing conversion compatibility of such systems. NASD required such testing in has designated the proposed rule change systems in such manner and frequency compliance with the Commission’s as ‘‘non-controversial’’ pursuant to as the Association may prescribe.] order for certain securities industry Section 19(b)(3)(A)(iii) of the Act 3 and [(b) Every clearing firm and market participants to develop plans for Rule 19b–4(f)(6) 4 thereunder. The maker required by the Association to conversion to decimal pricing.6 NASD Commission is publishing this notice to conduct or participate in testing of intended the testing to ascertain the solicit comments on the proposed rule computer systems shall provide to the decimal pricing conversion change from interested persons. Association such reports relating to the compatibility of its members’ computer testing as the Association may systems, and wanted to ensure that I. Self-Regulatory Organization’s prescribe.] conversion to decimal pricing would Statement of the Terms of Substance of [(c) Clearing firms and market makers occur successfully with minimal the Proposed Rule Change shall maintain adequate documentation disruption of the markets and minimal NASD is proposing to delete as of tests required pursuant to this Rule impact on investors. Since the obsolete NASD IM–2210–4(b) and the results of such testing for conversion to decimal pricing has (Certification of Membership) and examination by the Association.] occurred, NASD represents that it no NASD Rule Series 3400 (Computer * * * * * longer requires its members to test their Systems), which contains NASD Rule computer systems for any such decimal 3420 (Mandatory Decimal Pricing II. Self-Regulatory Organization’s Statement of the Purpose of, and pricing conversion; therefore, NASD is Testing). Below is the text of the proposing to the delete Rule 3420 as proposed rule change. Proposed Statutory Basis for, the Proposed Rule Change obsolete. deletions are in brackets. In connection with the deletion of * * * * * In its filing with the Commission, NASD included statements concerning Rule 3420, NASD is also proposing to IM–2210–4. Limitations on Use of the purpose of and statutory basis for delete the heading in the NASD Manual NASD’s Name the proposed rule change and discussed to the Rule 3400 Series (Computer Systems). NASD represents that, upon [(a) Statements of Membership] any comments it received on the proposed rule change. The text of these the deletion of Rule 3420, the heading Members may indicate NASD for the Rule 3400 Series will no longer membership in conformity with Article statements may be examined at the places specified in Item IV below. be necessary since Rule 3420 is the only XV, Section 2 of the NASD By-Laws in rule in the series. one or more of the following ways: NASD has prepared summaries, set (1) in any communication with the forth in Sections A, B, and C below, of NASD represents that it will public, provided that the the most significant aspects of such announce the rule change in a Notice to communication complies with the statements. Members to be published no later than applicable standards of Rule 2210 and 30 days following the publication of this A. Self-Regulatory Organization’s notice in the Federal Register. neither states nor implies that NASD or Statement of the Purpose of, and any other regulatory organization Statutory Basis for, the Proposed Rule 2. Statutory Basis endorses, indemnifies, or guarantees the Change member’s business practices, selling NASD believes that the proposed rule methods, the class or type of securities 1. Purpose change is consistent with the provisions offered, or any specific security; NASD is proposing to delete IM– of Section 15A of the Act,7 in general, (2) in a confirmation statement for an 2210–4(b) and Rule 3420 because NASD and with Section 15A(b)(6) of the Act,8 over-the-counter transaction that states: has determined that the provisions of in particular, in that the proposed rule ‘‘This transaction has been executed in IM–2210–4(b) and Rule 3420 are no change is designed to prevent conformity with the NASD Uniform longer applicable and, therefore, should fraudulent and manipulative acts and Practice Code.’’ be deleted as obsolete. practices, to promote just and equitable [(b) Certification of Membership principles of trade, and, in general, to Upon request to NASD, a member will a. NASD IM–2210–4(b) protect investors and the public interest. be entitled to receive an appropriate IM–2210–4(b) provides that, upon certification of membership, which may request to NASD, a member may receive B Self-Regulatory Organization’s be displayed in the principal office or a an appropriate certification of Statement of Burden on Competition registered branch office of the member. membership. NASD represents that it no NASD does not believe that the The certification shall remain the longer issues such certifications. NASD, proposed rule change will impose any property of NASD and must be returned therefore, proposes deleting IM–2210– burden on competition that is not by the member upon request of the 4(b) as obsolete and amending IM– necessary or appropriate in furtherance NASD Board or its Chief Executive 2210–4 to reflect subparagraph (a) as its of the purposes of the Act. Officer.] only text. C. Self-Regulatory Organization’s * * * * * b. NASD Rule 3420 Statement of Comments on the [3400. COMPUTER SYSTEMS] On June 27, 2000, NASD adopted Proposed Rule Change Received From [3420. Mandatory Decimal Pricing Rule 3420 (Mandatory Decimal Pricing Members, Participants, or Others 5 Testing] Testing). Rule 3420, among other things, requires NASD clearing firms Written comments on the proposed [(a) Clearing firms and market makers and market makers to conduct or rule change were neither solicited nor of the Association must conduct or participate in the securities industry’s received. participate in the testing of their decimalization pricing tests of computer computer systems to ascertain decimal 6 See Securities Exchange Act Release No. 42360 5 See Securities Exchange Act Release No. 43003 (January 28, 2000), 65 FR 5003 (February 2, 2000). 3 15 U.S.C. 78s(b)(3)(A)(iii). (June 30, 2000), 65 FR 43067 (July 12, 2000) (SR– 7 15 U.S.C. 78o–3. 4 17 CFR 240.19b–4(f)(6). NASD–2000–40). 8 15 U.S.C. 78o–3(b)(6).

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III. Date of Effectiveness of the or otherwise in furtherance of the For the Commission, by the Division of Proposed Rule Change and Timing for purposes of the Act.12 Market Regulation, pursuant to delegated Commission Action authority.13 IV. Solicitation of Comments Margaret H. McFarland, NASD has designated the proposed Interested persons are invited to Deputy Secretary. rule change as ‘‘non-controversial’’ and [FR Doc. 04–18981 Filed 8–18–04; 8:45 am] a rule change that: (1) Does not submit written data, views, and significantly affect the protection of arguments concerning the foregoing, BILLING CODE 8010–01–P investors or the public interest; (2) does including whether the proposed rule change is consistent with the Act. not impose any significant burden on SECURITIES AND EXCHANGE Comments may be submitted by any of competition; and (3) by its terms, does COMMISSION not become operative for 30 days after the following methods: [Release No. 34–50190; File No. SR–NSX– the date of this filing, or such shorter Electronic Comments time as the Commission may designate 2004–09] • if consistent with the protection of Use the Commission’s Internet Self-Regulatory Organizations; investors and the public interest. comment form (http://www.sec.gov/ National Stock Exchange; Notice of Therefore, the foregoing rule change has rules/sro.shtml); or Filing and Immediate Effectiveness of become effective upon filing pursuant to • Send an e-mail to rule- Proposed Rule Change and Section 19(b)(3)(A) of the Act 9 and Rule [email protected]. Please include File Amendment No. 1 To Amend NSX’s 19b–4(f)(6) 10 thereunder. Number SR–NASD–2004–123 on the SOR and Tape B Market Data Revenue Under Rule 19b–4(f)(6)(iii), a subject line. Sharing Programs proposed ‘‘non-controversial’’ rule change does not become operative for 30 Paper Comments August 12, 2004. days after the date of filing, unless the • Pursuant to Section 19(b)(1) of the Commission designates a shorter time. Send paper comments in triplicate Securities Exchange Act of 1934 (the NASD has requested that the to Jonathan G. Katz, Secretary, ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Commission waive the 30-day operative Securities and Exchange Commission, notice is hereby given that on June 28, delay so that the proposed rule change 450 Fifth Street, NW., Washington, DC 2004, National Stock Exchange (the will become immediately effective upon 20549–0609. ‘‘Exchange’’ or ‘‘NSX’’) filed with the filing, since the provisions of IM–2210– All submissions should refer to File Securities and Exchange Commission 4(b) and Rule 3420 are obsolete and no Number SR–NASD–2004–123. This file (the ‘‘Commission’’) the proposed rule longer applicable. The Commission number should be included on the change, as described in Items I, II, and hereby waives the 30-day operative subject line if e-mail is used. To help the III below, which Items have been delay and believes such waiver is Commission process and review your prepared by the Exchange. The NSX consistent with the protection of comments more efficiently, please use filed an amendment to the proposed investors and the public interest.11 The only one method. The Commission will rule change on August 10, 2004.3 The Commission notes that the relevant post all comments on the Commission’s Exchange filed the proposal pursuant provisions of IM–2210–4(b) and Rule Internet Web site (http://www.sec.gov/ Section 19(b)(3)(A)(ii) of the Act 4 and 3420 are obsolete and no longer rules/sro.shtml). Copies of the Rule 19b–4(f)(2) 5 thereunder, which applicable. Accelerating the operative submission, all subsequent renders the proposal effective upon date will allow the NASD to amendments, all written statements filing with the Commission. The immediately reflect the currently with respect to the proposed rule Commission is publishing this notice to applicable rules in the NASD Manual. change that are filed with the solicit comments on the proposed rule In addition, Rule 19b–4(f)(6) requires Commission, and all written change, as amended, from interested the self-regulatory organization to give communications relating to the persons. the Commission written notice of its proposed rule change between the I. Self-Regulatory Organization’s intent to file the proposed rule change, Commission and any person, other than Statement of the Terms of Substance of along with a brief description and text those that may be withheld from the the Proposed Rule Change of the proposed rule change, at least five public in accordance with the business days prior to the date of filing provisions of 5 U.S.C. 552, will be NSX is proposing to amend its of the proposed rule change, or such available for inspection and copying in specialist operating revenue (‘‘SOR’’) shorter time as designated by the the Commission’s Public Reference 13 Commission. NASD complied with this Section, 450 Fifth Street, NW., 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). requirement. Washington, DC 20549. Copies of such 2 17 CFR 240.19b–4. At any time within 60 days of the filing also will be available for 3 See letter from James Yong, Senior Vice filing of such proposed rule change, the inspection and copying at the principal President (‘‘SVP’’), Regulation and General Counsel Commission may summarily abrogate office of NASD. All comments received of the Exchange, to Nancy Sanow, Assistant Director (‘‘AD’’), Division of Market Regulation such rule change if it appears to the will be posted without change; the (‘‘Division’’), Commission, dated August 9, 2004 Commission that such action is Commission does not edit personal and attachment (‘‘Amendment No. 1’’). Amendment necessary or appropriate in the public identifying information from No. 1 replaced and superceded the original filing interest, for the protection of investors, submissions. You should submit only in its entirety. In Amendment No. 1, the Exchange provided additional clarification regarding its information that you wish to make proposed changes and made a technical correction 9 15 U.S.C. 78s(b)(3)(A). available publicly. All submissions to the proposed rule text. For purposes of 10 17 CFR 240.19b–4(f)(6). should refer to File Number SR–NASD– calculating the 60-day abrogation period, the 11 For purposes only of accelerating the operative 2004–123 and should be submitted on Commission considers the period to have commenced on August 10, 2004, the date the NSX date of this proposal, the Commission has or before September 9, 2004. considered the proposed rule’s impact on filed Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C). efficiency, competition, and capital formation. See 4 15 U.S.C. 78s(b)(3)(A)(ii). 15 U.S.C. 78c(f). 12 See 15 U.S.C. 78s(b)(3)(C). 5 17 CFR 240.19b–4(f)(2).

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revenue sharing program set forth in (l)–(r) No change. 2. Statutory Basis Exchange Rule 11.10(A)(j) as well as its B. No change. Tape B revenue sharing program set The Exchange believes that the forth in Exchange Rule 11.10(A)(k). NSX C. No change. proposed rule change is consistent with Section 6(b) of the Act,10 in general, and will implement the proposed change on * * * * * July 1, 2004. with Section 6(b)(4) of the Act,11 in The text of the proposed rule change II. Self-Regulatory Organization’s particular, in that it is designed to is below.6 Proposed new language is Statement of the Purpose of, and provide for the equitable allocation of italicized; proposed deletions are in Statutory Basis for, the Proposed Rule reasonable dues, fees, and other charges. brackets. Change The NSX believes the proposed rule * * * * * In its filing with the Commission, the change is also consistent with Section 12 CHAPTER XI Exchange included statements 6(b)(5) of the Act in that it is designed concerning the purpose of, and the basis to promote just and equitable principles Trading Rules for, the proposed rule change and of trade, to remove impediments to and * * * * * discussed any comments it received on perfect the mechanism of a free and the proposed rule change. The text of open market and a national market Rule 11.10 National Securities Trading these statements may be examined at System Fees system, and, in general, to protect the places specified in Item IV below. investors and the public interest. The A. Trading Fees The Exchange has prepared summaries, Exchange believes that the proposed (a)–(i) No change. set forth in Sections A, B, and C below, change will create incentives for (j) Revenue Sharing Program. After of the most significant aspects of such members to use the Exchange trading the Exchange earns total operating statements. system, thereby increasing competition, revenue sufficient to offset actual A. Self-Regulatory Organization’s which, in turn, will enhance the expenses and working capital needs, a Statement of the Purpose of, and National Market System. percentage of all Specialist Operating Statutory Basis for, the Proposed Rule The Commission notes that, as a Revenue (‘‘SOR’’) shall be eligible for Change sharing with Designated Dealers. SOR is national securities exchange, NSX has defined as operating revenue [which] 1. Purpose an obligation to maintain the resources that is generated by specialist firms. necessary to adequately conduct its The Exchange is proposing to amend surveillance, examination, and other SOR consists of transaction fees, book its SOR revenue sharing program to regulatory responsibilities.13 The fees, technology fees, and market data provide that only specialists that Exchange has acknowledged to the revenue [which] that is attributable to contribute more than $75,000 in specialist firm activity. SOR shall not quarterly SOR will be eligible to Commission that it remains mindful of include any investment income or participate in the allocation of the SOR.7 its regulatory responsibilities and will regulatory monies. The sharing of SOR In addition, the first $75,000 in not compromise those responsibilities shall be based on each Designated quarterly SOR contributed by a by sharing revenue that would more Dealer’s pro rata contribution to SOR in specialist will be excluded from the appropriately be used to fund its excess of $75,000 per quarter. In no firm’s pro rata percentage contribution regulatory responsibilities.14 event shall the amount of revenue calculation. Currently, there are no such shared with Designated Dealers exceed B. Self-Regulatory Organization’s limitations on SOR participation. In no Statement on Burden on Competition SOR. To the extent market data revenue event will the amount of revenue shared is subject to [year-end] any adjustment, with specialist firms exceed SOR. The The Exchange does not believe that SOR revenue may be adjusted Exchange believes that the the proposed rule change will impose accordingly. implementation of this minimum any inappropriate burden on (k) Tape ‘‘B’’ Transactions. Except as contribution requirement is reasonable competition. provided in Paragraph (A)(e)(4) above, and ensures that each member pays an the Exchange will not impose a equitable share of the costs associated C. Self-Regulatory Organization’s transaction fee on Consolidated Tape with operating the Exchange. Statement on Comments on the ‘‘B’’ securities. In addition, Members Through this filing, NSX is also Proposed Rule Change Received From will receive a 50 percent pro rata proposing to make amendments to its Members, Participants or Others transaction credit of gross Tape ‘‘B’’ SOR revenue sharing program 8 and revenue; provided that, however, Tape B market data revenue sharing No written comments were solicited calculation of the transaction credit will program 9 to provide that to the extent or received in connection with the be based on net Tape ‘‘B’’ revenues in market data revenue is subject to any proposed rule change. those fiscal quarters where the overall adjustments, not just year-end revenue retained by the Exchange does adjustments as the rule text currently 10 15 U.S.C. 78f(b). not offset actual expenses and working provides, credit provided under the 11 15 U.S.C. 78f(b)(4). capital needs. To the extent market data respective programs may be adjusted 12 15 U.S.C. 78f(b)(5). 13 revenue from Tape ‘‘B’’ transactions is accordingly. See Securities Exchange Act Release No. 41286 subject to [year-end] any adjustment, (April 14, 1999), 64 FR 19843, 19844 (April 22, 1999) (reminding the Cincinnati Stock Exchange, credits provided under this program 7 SOR is defined as operating revenue that is Inc., the precursor to the NSX, of its regulatory may be adjusted accordingly. generated by specialist firms. SOR consists of responsibilities when considering its SOR program). transaction fees, book fees, technology fees, and 14 Telephone conversation between James Yong, 6 The language in Exchange Rule 11.10(A)(k) has market data revenue attributable to specialist firm SVP, Regulation and General Counsel of the been drafted based on the presumption that SR– activity. SOR does not include any investment Exchange and Katherine England, AD, Division, NSX–2004–08 has already become effective. See income or regulatory monies. Exchange Rule Commission, on July 13, 2004 (regarding operation Securities Act Release No. 50146 (August 4, 2004), 11.10(A)(j). of the Exchange’s SOR program and the need for the 69 FR 49927 (August 12, 2004) (approving SR– 8 Exchange Rule 11.10(A)(j). Exchange to remain mindful of its regulatory NSX–2004–08). 9 Exchange Rule 11.10(A)(k). responsibilities).

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III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be PCX Rule 6.76(b)(4). Below is the text of Proposed Rule Change and Timing for available for inspection and copying in the proposed rule change. Proposed new Commission Action the Commission’s Public Reference language is italicized; proposed The proposed rule change has become Room. Copies of the filing also will be deletions are in [brackets]. available for inspection and copying at effective pursuant to Section Rule 6 19(b)(3)(A)(ii) of the Act 15 and the principal office of the Exchange. All Options Trading subparagraph (f)(2) of Rule 19b–416 comments received will be posted thereunder, because it involves a without change; the Commission does * * * * * not edit personal identifying member due, fee, or other charge. At any Priority and Order Allocation time within 60 days of the filing of such information from submissions. You should submit only information that Procedures proposed rule change, the Commission you wish to make available publicly. All may summarily abrogate such rule Rule 6.76. The rules of priority and submissions should refer to file number change if it appears to the Commission order allocation procedures set forth in SR–NSX–2004–09 and should be that such action is necessary or this Rule 6.76 will apply to option submitted on or before September 9, appropriate, in the public interest, for issues designated by the Exchange to be 2004. the protection of investors, or otherwise traded in PCX Plus. The maximum size in furtherance of the purposes of the For the Commission by the Division of of an inbound order that may be eligible Act.17 Market Regulation, pursuant to the delegated for execution on PCX Plus pursuant to authority.18 Rule 6.76(b) (‘‘the Maximum Order IV. Solicitation of Comments Margaret H. McFarland, Size’’) will be initially established by Interested persons are invited to Deputy Secretary. the LMM in the issue, subject to the submit written data, views, and [FR Doc. 04–18979 Filed 8–18–04; 8:45 am] approval of the Exchange. Any request arguments concerning the foregoing, BILLING CODE 8010–01–P by the LMM for changes to the including whether the proposed rule Maximum Order Size must be change is consistent with the Act. accompanied by a verified statement Comments may be submitted by any of SECURITIES AND EXCHANGE indicating the business reason for the the following methods: COMMISSION change and the estimated duration of such change. Such requests must be Electronic Comments [Release No. 34–50191; File No. SR–PCX– 2004–78] approved by two Floor Officials, whose • Use the Commission’s Internet approval must be further ratified by the comment form (http://www.sec.gov/ Self-Regulatory Organizations; Notice Exchange. An LMM is prohibited from rules/sro.shtml); or of Filing of Proposed Rule Change by requesting changes to the Maximum • Send an e-mail to rule- the Pacific Exchange, Inc. Relating to Order Size in order to manipulate the [email protected]. Please include File Priority and Order Allocation operation of PCX Plus or for any anti- Number SR–NSX–2004–09 on the Procedures for PCX Plus competitive purposes. subject line. (a)—No Change. August 13, 2004. (b) PCX Plus Executions. This Paper Comments Pursuant to Section 19(b)(1) of the subsection (b) addresses situations in • Securities Exchange Act of 1934 Send paper comments in triplicate which orders or Quotes with Size are (‘‘Act’’),1 and Rule 19b–4 thereunder,2 to Jonathan G. Katz, Secretary, executed through PCX Plus. notice is hereby given that on August Securities and Exchange Commission, (1) An inbound order that is 10, 2004, the Pacific Exchange, Inc. 450 Fifth Street, NW., Washington, DC marketable will be immediately (‘‘PCX’’ or ‘‘Exchange’’) filed with the 20549–0609. executed against bids and offers in the Securities and Exchange Commission All submissions should refer to File Consolidated Book, unless [one of the (‘‘Commission’’) the proposed rule No. SR–NSX–2004–09. This file number following conditions applies:] change as described in Items I, II, and should be included on the subject line [(A)] the size of the inbound order III below, which Items have been if e-mail is used. To help the exceeds the Maximum Order Size prepared by the PCX. The Commission Commission process and review your established pursuant to Rule 6.76.[; or is publishing this notice to solicit comments more efficiently, please use (B) the inbound order is for the comments on the proposed rule change only one method. The Commission will account of a Firm or Non-OTP Holder or from interested persons. post all comments on the Commission’s OTP Firm Market Maker and more than Internet Web site (http://www.sec.gov/ I. Self-Regulatory Organization’s 50% of the aggregate trading interest in rules/sro.shtml). Copies of the Statement of the Terms of Substance of the Consolidated Book at the execution submission, all subsequent the Proposed Rule Change price is for the account (or accounts) of amendments, all written statements The PCX proposes to amend PCX Rule Public Customers.] with respect to the proposed rule If it does exceed the maximum order change that are filed with the 6.76 (Priority and Allocation Procedures of PCX Plus) to eliminate the size, [the conditions specified in Commission, and all written subsections (A) or (B) above apply,] the communications relating to the requirement that inbound marketable Broker Dealer orders will route to Floor order will be represented in the trading proposed rule change between the crowd pursuant to Rule 6.76(d). Commission and any person, other than Broker Hand Held Terminals in some trading scenarios in lieu of receiving (2) An inbound order will be either those that may be withheld from the fully or partially executed as follows: public in accordance with the immediate electronic executions. The Exchange also proposes to eliminate (A) If more than 40% of the size in the Consolidated Book is comprised of a 15 Electronic Book Execution pursuant to 15 U.S.C. 78s(b)(3)(A)(ii). single Firm or Non-OTP Holder or OTP 16 17 CFR 240.19b–4(f)(2). 17 See 15 U.S.C. 78s(b)(3)(C). See also footnote 3, 18 17 CFR 200.30–3(a)(12). Firm Market Maker order at the price at supra (regarding calculation of the abrogation 1 15 U.S.C. 78s(b)(1). which the inbound order would trade[, period). 2 17 CFR 240.19b–4. and such Firm or Non-OTP Holder or

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OTP Firm Market Maker order was If neither of the conditions specified trade at the execution price within the entered less than one minute before the in subsections (a) or (b) apply, and the three seconds provided. inbound order,] then: order is no longer marketable, then such (iv) after the Public Customer interest (i) the inbound order will first be order will be represented in the has been allocated, the initiating Quote matched against all available Public Consolidated Book. with Size will match against all Customer interest in the Consolidated (b)(3)—No Change. remaining interest in the Consolidated Book; (b)(4)—Reserved. [Electronic Book Book. If the initiating Quote with Size (ii) the inbound order, if not entirely Execution. This subsection addresses does not fill the Consolidated Book, filled, will then satisfy any available situations in which Market Makers then all Crowd Participants will be interest based on FIQ status and LMM interact electronically with orders in the matched on a size pro rata basis with guaranteed participation pursuant to Consolidated Book. When a Quote with the remaining interest in the Rule 6.76(a); Size from a Market Maker initiates a Consolidated Book at that price. (iii) the inbound order, if not entirely trade with the Consolidated Book (the (v) if the remaining Quotes with Size filled, will then match, on a size pro rata ‘‘initiating Quote with Size’’), an are executable at the next price level, basis, with the interest of the Market Electronic Book Execution will occur as they will be matched against the Makers, Firms and Non-OTP Holder or follows. Consolidated Book on a size pro rata OTP Firm Market Makers in the (A) The initiating Quote with Size basis.] (b)(5)–(c)—No Change. Consolidated Book; provided that the will immediately execute against the II. Self-Regulatory Organization’s size pro rata share interest of each Consolidated Book if the percentage of Statement of the Purpose of, and individual Firm and each Non-OTP the transaction involving Public Statutory Basis for, the Proposed Rule Holder or OTP Firm Market Maker will Customer interest (as represented in the Change be limited to 40% of the size of the Consolidated Book) would comprise no In its filing with the Commission, the remaining inbound order; and more than 40% of the transaction (e.g., Exchange included statements (iv) the balance of the order, if any, if the initiating Quote with Size is for 20 concerning the purpose of, and basis for, will then be routed to a Floor Broker contracts and the size in the the proposed rule change and discussed Hand Held Terminal. Consolidated Book at the execution any comments it received on the (B) If the same conditions set forth in price is 50 contracts, six contracts of proposed rule change. The text of these subsection (b)(2)(A) above apply but the which are the Public Customer interest ÷ statements may be examined at the Firm or Non-OTP Holder or OTP Firm (6 20=30%), then the initiating Quote places specified in Item IV below. The Market Maker order was entered one with Size for 20 contracts will be Exchange has prepared summaries, set minute or more before the inbound executed in full). forth in Sections A, B, and C below, of order, then: (B) If the initiating Quote with Size the most significant aspects of such (i) the inbound order will first be would effect a transaction against the statements. matched against all available Public Consolidated Book and the percentage Customer interest in the Consolidated of the transaction involving Public A. Self-Regulatory Organization’s Book; Customer interest would comprise more Statement of the Purpose of, and (ii) the inbound order, if not entirely than 40% of the transaction, then the Statutory Basis for, the Proposed Rule filled, will then satisfy any available initiating Quote with Size will be Change interest based on FIQ status and LMM processed as follows: 1. Purpose guaranteed participation pursuant to (i) the Market Makers initiating Quote Currently, PCX Rule 6.76(b) addresses Rule 6.76(a); with Size will receive an execution the situations in which orders or Quotes (iii) the inbound order, if not entirely comprising the greater of: with Size 3 are executed through PCX filled, will then match, on a size pro rata (a) 40% of the Public Customer Plus. Today, when an inbound order is basis, with the interest of the Market interest in the Consolidated Book at that for the account of a Firm 4 or Non-OTP Makers, Firms and Non-OTP Holder or price; or Holder Market Maker 5 and more than OTP Firm Market Makers in the (b) the total size to which the inbound 50% of the aggregate trading interest in Consolidated Book; provided that the initiating Quote with Size would receive the Consolidated Book 6 at the execution size pro rata share interest of each pursuant to a size pro rata allocation. price is for the account (or accounts) of individual Firm and each Non-OTP (ii) the balance of the Consolidated Public Customers 7, the order is not Holder or OTP Firm Market Maker will Book at that price will be displayed for eligible to be immediately executed on be limited to 40% of the size of the three seconds (via a System Alert PCX Plus. Instead, such orders are remaining inbound order; Message—SAM) to all ‘‘Crowd routed to Floor Broker Hand Held (iv) the inbound order, if not entirely Participants’’ (as defined in Rule terminals for manual representation in filled, will then match, on a size pro rata 6.1(b)(38)). the trading crowd at which time they basis, with all other remaining volume (a) A Floor Broker holding an order may receive full or partial execution in the Consolidated Book of Firms and for an account in which such broker has based on the price and size Non-OTP Holder or OTP Firm Market an interest, the account of an associated disseminated at that time. According to Makers who were previously limited to person, or an account with respect to the PCX, this, however, is not 40%;] and which the Floor Broker or an associated necessarily the price and size (iv) the balance of the order, if any, person thereof exercises investment disseminated at the time of order entry will then be either: discretion, shall not be eligible for because the price and size disseminated (a) routed to a Floor Broker Hand participation in Electronic Book at the time the order is represented in Held Terminal in the case where the Executions. order locks or crosses the NBBO; or (iii) the balance of the Public 3 See PCX Rule 6.1(b)(33). (b) executed at the next available Customer interest in the Consolidated 4 See PCX Rule 6.1(b)(36). price level based on split-price Book will then be allocated on size pro 5 See PCX Rule 6.1(b)(35). execution, as provided in subsection rata basis to all Crowd Participants, if 6 See PCX Rule 6.1(b)(37). (b)(3), below. any, who have entered bids or offers to 7 See PCX Rule 6.1(b)(29).

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the trading crowd may have changed facilitating transactions in securities, use only one method. The Commission from the time the order was entered. As and to remove impediments to and will post all comments on the a result, a Firm or Non-OTP Holder perfect the mechanism of a free and Commission’s Internet Web site (http:// Market Maker may not know whether its open market and a national market www.sec.gov/rules/sro.shtml). Copies of order has been fully or partially system. the submission, all subsequent executed and at what price until amendments, all written statements seconds after it sends the order to the B. Self-Regulatory Organization’s with respect to the proposed rule Exchange. The PCX believes that this Statement on Burden on Competition change that are filed with the lack of certainty creates a disincentive The Exchange does not believe that Commission, and all written for a Firm or Non-OTP Holder Market the proposed rule change will impose communications relating to the Maker to send orders via PCX Plus. The any burden on competition that is not proposed rule change between the PCX also believes that removing the necessary or appropriate in furtherance Commission and any person, other than impediment and allowing Firm and of the purposes of the Act. those that may be withheld from the Non-OTP Market Maker orders to public in accordance with the C. Self-Regulatory Organization’s immediately execute on PCX Plus provisions of 5 U.S.C. 552, will be Statement on Comments on the would enable the Exchange to execute available for inspection and copying in Proposed Rule Change Received From orders faster and create greater the Commission’s Public Reference Members, Participants, or Others efficiencies and price transparency in Section, 450 Fifth Street, NW., the marketplace. To further provide the Written comments on the proposed Washington, DC 20549. Copies of such Exchange with the ability to execute rule change were neither solicited nor filing also will be available for orders faster, the proposed rule change received. inspection and copying at the principal office of the PCX. All comments would remove the restrictions on an III. Date of Effectiveness of the order entered by a Firm or Non-OTP received will be posted without change; Proposed Rule Change and Timing for Holder or OTP Firm Market Maker less the Commission does not edit personal Commission Action than one minute before the inbound identifying information from order. In addition, the proposed rule Within 35 days of the date of submissions. You should submit only change would eliminate the 40% publication of this notice in the Federal information that you wish to make participation limitation currently placed Register or within such longer period (i) available publicly. All submissions on a Firm, Non-OTP Holder or OTP as the Commission may designate up to should refer to File Number SR–PCX– Firm Market Maker for an inbound 90 days of such date if it finds such 2004–78 and should be submitted on or order that is not entirely filled. longer period to be appropriate and before September 9, 2004. In conjunction with this proposed publishes its reasons for so finding, or For the Commission, by the Division of amendment to PCX Rule 6.76(b)(1) and (ii) as to which the Exchange consents, Market Regulation, pursuant to delegated (b)(2), the Exchange also proposes to the Commission will: authority.10 eliminate the Electronic Book Execution (A) By order approve such proposed Margaret H. McFarland, rules set forth in PCX Rule 6.76(b)(4) rule change; or Deputy Secretary. that prevent PCX Market Makers from (B) Institute proceedings to determine [FR Doc. 04–18982 Filed 8–18–04; 8:45 am] immediately executing orders against whether the proposed rule change the Consolidated Book. The PCX should be disapproved. BILLING CODE 8010–01–P believes that eliminating these rules IV. Solicitation of Comments would give PCX Market Makers the same access to the Consolidated Book Interested persons are invited to TENNESSEE VALLEY AUTHORITY submit written data, views, and that a Firm or Non-OTP Holder Market Environmental Impact Statement— arguments concerning the foregoing, Maker would have under the proposed Proposed Watts Bar Reservoir Land including whether the proposed rule rules, thereby eliminating any potential Plan, Loudon, Meigs, Rhea, and Roane change is consistent with the Act. biases that a PCX Market Maker might Counties, TN encounter when using PCX Plus. The Comments may be submitted by any of PCX believes that allowing PCX Market the following methods: AGENCY: Tennessee Valley Authority (TVA). Makers to immediately execute against Electronic Comments the Consolidated Book would also ACTION: Notice of public meeting and • improve the speed of executions at the Use the Commission’s Internet extension of public comment period. PCX and would add liquidity to the comment form (http://www.sec.gov/ PCX’s markets and, as a result, benefit rules/sro.shtml); or SUMMARY: This notice is provided in • the investing public. Send an e-mail to rule- accordance with the Council on [email protected]. Please include File Environmental Quality’s regulations (40 2. Statutory Basis Number SR–PCX–2004–78 on the CFR parts 1500 to 1508), Section 106 of The Exchange believes that the subject line. the National Historic Preservation Act proposed rule change is consistent with and its implementing regulations (36 Paper Comments Section 6(b) of the Act 8 in general, and CFR part 800), and TVA’s procedures furthers the objectives of Section 6(b)(5) • Send paper comments in triplicate implementing the National of the Act 9 in particular, because it is to Jonathan G. Katz, Secretary, Environmental Policy Act (NEPA). On designed to prevent fraudulent and Securities and Exchange Commission, February 25, 2004, TVA published a manipulative acts and practices, to 450 Fifth Street, NW., Washington, DC Notice of Intent to prepare an promote just and equitable principles of 20549–0609. All submissions should Environmental Impact Statement (EIS) change, to foster cooperation and refer to File Number SR–PCX–2004–78. for a proposed Reservoir Land Plan for coordination with persons engaged in This file number should be included on Watts Bar Reservoir, in Loudon, Meigs, the subject line if e-mail is used. To help Rhea, and Roane Counties, Tennessee 8 15 U.S.C. 78f(b). the Commission process and review 9 15 U.S.C. 78f(b)(5). your comments more efficiently, please 10 17 CFR 200.30–3(a)(12).

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(Federal Register, Volume 69, Number development in preparing the land plan SUMMARY: This notice announces the 37, Pages 8793–8795). Subsequently, and EIS. The proposal could include the availability of and requests comments TVA published a notice in the Federal use of 20 acres for residential and on AC 120–27D, which provides Register, extending the comment period commercial/retail sites (restaurant, guidance on the requirements for for scoping of the EIS from April 15, motel, retail shops, and marina with maintaining an aircraft weight and 2004, to June 30, 2004 (Federal Register, yacht sales); and the use of another 190 balance control program. Volume 69, Number 79, p. 21,880). acres for a golf course and campground. DATES: Submit comments on or before Today’s notice announces that the No private water use facilities are September 17, 2004. public scoping meeting for the EIS will proposed, residential boating access take place on September 28, 2004, from would be accommodated by a proposed ADDRESSES: Send all maintenance- 4 p.m. to 8 p.m., in the student lounge marina. related comments on AC 120–27D to of Roane State Community College in Mr. Darcy D. Reed, Aircraft Roane County Tennessee. Public Participation Maintenance Division, Air Carrier Simultaneously, this notice further TVA is interested in receiving Maintenance Branch (AFS–330), Federal extends the comment period for the comments on the scope of issues to be Aviation Administration, 800 scoping phase of the environmental addressed in the Watts Bar Reservoir Independence Ave., SW., Washington, review to October 8, 2004. Written Land Plan EIS. Written comments on DC 20591; facsimile (202) 267–5115; e- comments may be sent to the address the scope of the EIS, including the range mail [email protected]. Send all specified below by October 8, 2004. of alternatives that should be considered operations-related comments on AC Comments may also be provided in an and the impacts to be assessed should 120–27D to Mr. Dennis Pratte, Air oral or written format at the public be received on or before October 8, Transportation Division, Air Carrier scoping meeting. To facilitate public 2004. Comments may also be provided Operations Branch (AFS–220), Federal involvement, a public scoping form for in an oral or written format at the public Aviation Administration, 800 gathering specific information will also meeting for scoping which will take Independence Ave., SW., Washington, be distributed at the public meeting and place on September 28, 2004, from 4 DC 20591; facsimile (202) 267–5229; e- will be available on TVA’s Web site at p.m. to 8 p.m., in the student lounge of mail [email protected]. http://www.tva.com. Roane State Community College, 276 FOR FURTHER INFORMATION CONTACT: Mr. ADDRESSES: Written comments should Patton Lane, Harriman, Tennessee. Darcy D. Reed, AFS–330, at the address, be sent to Jon M. Loney, Manager, NEPA Information on the meeting will be facsimile, or e-mail listed above, or by Administration, Environmental Policy announced in local newspapers, on the telephone at (202) 267–9948; or Mr. and Planning, Tennessee Valley TVA Web page at http://www.tva.com, Dennis Pratte, AFS–220, at the address, Authority, 400 West Summit Hill Drive, and may also be obtained by contacting facsimile, or e-mail listed above, or by Knoxville, Tennessee 37902–1499. the persons listed above. To facilitate telephone at (202) 267–5488. FOR FURTHER INFORMATION CONTACT: public involvement, a public scoping Richard L. Toennisson, NEPA form for gathering specific information SUPPLEMENTARY INFORMATION: Specialist, Environmental Policy and will be distributed at the public meeting Comments Invited Planning, Tennessee Valley Authority, and will be available on TVA’s Web site. AC 120–27D is available on the FAA’s 400 West Summit Hill Drive, WT 8C, Dated: August 13, 2004. Regulatory Guidance Library Web site at Knoxville, Tennessee 37902–1499; Kathryn J. Jackson, telephone: (865) 632–8517; or e-mail: http://www.airweb.faa.gov/rgl, under Executive Vice President, River System the Advisory Circulars link. Interested [email protected]. Operations and Environment. persons are invited to comment on the SUPPLEMENTARY INFORMATION: Within the [FR Doc. 04–18996 Filed 8–18–04; 8:45 am] AC by submitting written data, views, or scope of the proposed Watts Bar BILLING CODE 8120–08–P suggestions, as they may desire. Please Reservoir Land Plan, TVA is reviewing identify AC 120–27D, Aircraft Weight a preliminary development proposal by and Balance Control, and submit Valley Land Corporation (VLC) to Meigs DEPARTMENT OF TRANSPORTATION comments, either hardcopy or County and to TVA for a 310 acre mixed electronic, to the appropriate address use commercial/residential Federal Aviation Administration listed above. Comments may be development on TVA lands on Watts inspected at the above address between Bar Reservoir. If a formal proposal is Announcement of FAA Advisory 9 a.m. and 4 p.m. weekdays, except submitted, the 237 acres of the existing Circular (AC) 120–27D, Aircraft Weight Federal holidays. Meigs County Park currently under a and Balance Control public recreation easement to Meigs Issued in Washington, DC, on August 11, AGENCY: Federal Aviation 2004. County, and the 73 acres of TVA project Administration (FAA), DOT. lands on the Watts Bar Dam Reservation John M. Allen, ACTION: Notice of availability of AC, and currently being used for public Deputy Director, Flight Standards Service. request for comments. recreation could be considered for BILLING CODE 4910–13–P

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BILLING CODE 4910–13–C Table of Contents 100. What is the purpose of this advisory Chapter 1. Introduction circular (AC)? 101. How is this AC organized?

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102. What documents does this AC cancel? 304. What standard average weight should 402. Which portions of OpSpecs or MSpecs 103. What should an operator consider an operator of large cabin aircraft use for are relevant to an operator’s weight and while reading this AC? bags checked plane-side? balance program? 104. Who should use this AC? 305. What standard average weights should 403. When will the FAA revise the Table 1–1. Aircraft Cabin Size an operator of small and medium cabin standard average weights in this AC? 105. Who can use standard average or aircraft use, if it has a ‘‘no-carry-on bag Appendix 1. Definitions segmented weights? program?’’ Appendix 2. Source of Standard Average Chapter 2. Aircraft Weights and Loading Table 3–2. Average Passenger Weights for Weights in This AC Schedules Operators with a No-Carry-on Bag 1. Standard average passenger weights. Section 1. Establishing Aircraft Weight Program 2. Standard average bag weights. 200. How does an operator establish the 306. What are the standard average weights Table 2–1. Bag Survey Results initial weight of an aircraft? for crewmembers? Appendix 3. Sample Operational Loading 201. How does an operator document Table 3–3. Standard Crewmember Weights Envelope changes to an aircraft’s weight and 307. What weights may be used for 1. Introduction. balance? company materials and mail? 2. Assumptions for this example. Table 2–1. Incremental Weight Changes 308. What are the standard average weights Figure 3–1. Sample Aircraft Interior that Should Be Recorded in a Weight and for special passenger groups that do not Seating Diagram Balance Change Record 3. Curtailments for passenger seating 202. How does the operator maintain the fit an operator’s standard average weight profile? variation. OEW? Table 3–1. Calculation of Zone 1 Centroid 203. How often are aircraft weighed? Section 3. Average Weights Based on Survey Results Table 3–2. Calculation of Zone 2 Centroid Table 2–2. Number of Aircraft to Weigh in Table 3–3. Calculation of Zone 3 Centroid 309. What should an operator consider a Fleet Table 3–4. Moments Resulting from the when designing a survey? 204. What procedures should be used to Zone Centroid Assumption for Zone 1 310. What sample sizes should an operator weigh aircraft? Table 3–5. Moments Resulting from the use? Section 2. Aircraft Loading Schedules Window-Aisle-Remaining Assumption Table 3–4. Minimum Sample Sizes 205. What is a loading schedule? for Zone 1 311. When conducting a survey, can an 206. How should an operator determine the Table 3–6. Comparison of Moments for operator collect a smaller sample size weight of each fluid used aboard the Zone 1 than that published in Table 3–4? aircraft? Table 3–7. Moments Resulting from the Section 3. Constructing a Loading 312. What sampling method should an Zone Centroid Assumption for Zone 2 Envelope operator use? Table 3–8. Moments Resulting from the 207. What should an operator consider 313. What should an operator consider Window-Aisle-Remaining Assumption when constructing a loading envelope? when developing a survey plan and for Zone 2 208. What information from the aircraft submitting it to the FAA? Table 3–9. Comparison of Moments for manufacturer should an operator use? 314. What general survey procedures Zone 2 209. What should the operator consider should an operator use? when curtailing the manufacturer’s Table 3–10. Moments Resulting from the 315. What information might an operator Zone Centroid Assumption for Zone 3 loading envelope? gain from conducting a count survey? 210. What are some examples of common Table 3–11. Moments Resulting from the 316. When should an operator conduct Window-Aisle-Remaining Assumption curtailments to the manufacturer’s another survey to revalidate the data loading envelope? for Zone 3 from an earlier survey? Table 3–12. Comparison of Moments for Section 4. Automated Weight and Balance Section 4. Segmented Passenger Weights Systems Zone 3 317. What should an operator consider 4. Other curtailments to the manufacturer’s 211. How does an onboard weight and when using segmented weights? balance system compare to a loading envelope. Table 3–5. Segmented Weights for Adult 5. Operational loading envelope diagrams. conventional weight buildup method? Passengers (in Pounds; Summer) 212. What measures should an operator Figure 3–2. Operational Loading Envelope 318. How are loading envelope curtailment with a Curtailment for Variations in take to obtain operational approval for an and bag weight affected by an operator’s onboard weight and balance system? Passenger Seating use of segmented weights? 213. What operational considerations Figure 3–3. Operational Loading Envelope 319. What might be an example of an should an operator take into account Using Actual Seating Location of operator using the segmented weights in when using an onboard weight and Passengers Table 3–5? balance system? Appendix 4. Additional Curtailments to CG 214. May an operator use the information Section 5. Actual Weight Programs Envelopes to Account for Variations to in this AC to develop a backup system? 320. If the operator decides to use an actual Passenger Weights 215. What operational considerations weights program, how might it Table 4–1. Row Factor should an operator take into account determine the actual weight of Table 4–2. Sample Curtailment Due to when using a computerized weight and passengers? Variations in Passenger Weight and balance system? 321. If the operator decides to use an actual Male/Female Ratio Using Window-Aisle Chapter 3. Methods to Determine the Weight weight program, how should it Method of Passengers and Bags determine the actual weights of personal Appendix 5. Options to Improve Accuracy Section 1. Choosing the Appropriate items and bags? Figure 5–1. Sample Aircraft Interior Method 322. What approach should an operator use Seating Diagram 300. What should an operator consider to record actual weights? Figure 5–2. Sample Passenger Seating when choosing the appropriate method? Chapter 4. Operator Reporting Systems and Moment Section 2. Standard Average Weights FAA Oversight Figure 5–3. Sample Passenger Seating 301. What standard average passenger Section 1. Pilot and Agent Reporting Moment weights should an operator with an Systems Figure 5–4. Sample Passenger Seating approved carry-on bag program use? 400. What are the pilots’ and operators’ Moment Table 3–1. Standard Average Passenger responsibilities in reporting aircraft Appendix 6. Sample CG Envelope Weights loading and manifest preparation Development 302. What standard average weights should discrepancies? Figure 6–1. Operational CG Envelope—3 an operator use for carry-on bags and Section 2. FAA Oversight Passenger Cabin Zones personal items? 401. Which FAA inspectors are responsible Figure 6–2. Operational CG Envelope— 303. What standard average weights should for overseeing an operator’s weight and Actual Passenger Seating an operator use for checked bags? balance program? Appendix 7. Checklist

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Chapter 1. Introduction Adherence to Advisory Circular 120– TABLE 1–1.—AIRCRAFT CABIN SIZE— 27C, ‘‘Aircraft Weight and Balance 100. What Is the Purpose of This Continued Control,’’ dated November 17, 1995. Advisory Circular (AC)? For this AC, an air- a. This AC provides operators with 103. What Should an Operator Consider craft originally type- Is considered— guidance on how to develop and receive While Reading This AC? certificated with— approval for a weight and balance a. Accurately calculating an aircraft’s control program for aircraft operated 0 to 4 passenger Not eligible. weight and CG before flight is essential seats. under Title 14 of the Code of Federal to comply with the certification limits Regulations (14 CFR) part 91, subpart K established for the aircraft. These limits 105. Who Can Use Standard Average or of part 91, and parts 121, 125, and 135. include both weight and CG limits. By Segmented Weights? b. This AC presents recommendations complying with these limits and for an acceptable means, but not the operating under the procedures a. Standard Average Weights. Use of only means, to develop and receive established by the manufacturer, an standard average weights is limited to approval for a weight and balance operator is able to meet the weight and operators of multiengine turbine- control program, and includes guidance balance requirements specified in the powered aircraft originally type- for using average and estimated weights aircraft flight manual (AFM). Typically, certificated for five (5) or more passenger seats who hold a letter of in accordance with part 121, section an operator calculates takeoff weight by authorization (LOA), OpSpecs, or 121.153(b) and other applicable parts of adding the operational empty weight MSpecs, as applicable, and were subpart K of part 91 and parts 121, 125, (OEW) of the aircraft, the weight of the certificated under 14 CFR part 25, 29, or and 135. passenger and cargo payload, and the part 23 commuter category or the Note: Per part 125, section 125.91(b), no weight of fuel. The objective is to operator and manufacturer is able to person may operate an airplane in a part 125 calculate the takeoff weight and CG of prove that the aircraft can meet the operation unless the current empty weight an aircraft as accurately as possible. and center of gravity (CG) are calculated from performance requirements of subpart B the values established by actual weighing of b. When using average weights for of part 25. Single-engine and the airplane within the preceding 36 passengers and bags, the operator must multiengine turbine Emergency Medical calendar-months. be vigilant to ensure that the weight and Service Helicopter (EMS/H) operators balance control program reflects the c. If an operator adopts the may use standard average weights for reality of aircraft loading. The FAA will suggestions contained in this AC, the EMS operations, provided they have periodically review the guidance in this operator must ensure that, when received an LOA. AC and update this AC if average appropriate, it replaces discretionary b. Segmented Weights. Use of weights of the traveling public should language such as ‘‘should’’ and ‘‘may’’ segmented weights is limited to those change or if regulatory requirements for with mandatory language in relevant aircraft that meet the requirements of carry-on bags or personal items should manuals, operations specifications paragraph 105(a) or that are multiengine change. Ultimately, the operator is (OpSpecs), or management turbine-powered aircraft originally type- responsible for determining if the specifications (MSpecs). certificated for five (5) or more procedures described in this AC are passenger seats and that do not meet the 101. How Is This AC Organized? appropriate for use in its type of performance requirements of subpart B This AC has four main chapters and operation. of part 25. Segmented passenger weights seven appendixes. Chapter 1 contains 104. Who Should Use This AC? are listed in Chapter 3, Table 3–5. general information about this AC and a. This document provides guidance Chapter 2. Aircraft Weights and background. Chapter 2 addresses aircraft Loading Schedules weighing and loading schedules. to operators that are either required to Chapter 3 describes different methods to have an approved weight and balance Section 1. Establishing Aircraft Weight determine the weight of passengers and control program under parts 121 and 125, or choose to use average aircraft, 200. How Does an Operator Establish bags. Chapter 4 addresses the Federal the Initial Weight of an Aircraft? Aviation Administration’s (FAA) role in passenger or baggage weights when developing and approving an operator’s operating under subpart K of part 91 or Prior to being placed into service, weight and balance control program. part 135. The guidance in this AC is each aircraft should be weighed and the Finally, appendixes 1 through 7 contain useful for anyone involved in empty weight and CG location technical information such as developing or implementing a weight established. New aircraft are normally definitions, the source of data used in and balance control program. weighed at the factory and are eligible the AC, a sample loading envelope, an b. As shown in Table 1–1, the FAA to be placed into operation without example of curtailments to the loading has divided aircraft into three categories reweighing if the weight and balance envelope, suggestions to improve for this AC to provide guidance records were adjusted for alterations accuracy, sample CG envelope appropriate to the size of the aircraft. and modifications to the aircraft and if development, and checklists for the cumulative change to the weight and operators. TABLE 1–1.—AIRCRAFT CABIN SIZE balance log is not more than plus or minus one-half of one percent (0.5 102. What Documents Does This AC For this AC, an air- percent) of the maximum landing Cancel? craft originally type- Is considered— weight or the cumulative change in the certificated with— This AC cancels— CG position exceeds one-half of one percent (0.5 percent) of the mean a. AC 120–27C, Aircraft Weight and 71 or more passenger A large-cabin aircraft. Balance Control, dated November 7, seats. aerodynamic chord. Aircraft transferred 1995; and 30 to 70 passenger A medium-cabin air- from one operator that has an approved b. Joint Handbook Bulletin for seats. craft. weight and balance program, to another Airworthiness (HBAW) 95–14 and Air 5 to 29 passenger A small-cabin aircraft. operator with an approved program, Transportation (HBAT) 95–15, seats. need not be weighed prior to use by the

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receiving operator unless more than 36 a. Establishment of OEW. The OEW the airplane within the preceding 36 calendar-months have elapsed since last and CG position of each aircraft should calendar-months. individual or fleet weighing, or unless be reestablished at the reweighing b. Fleet Weighing. An operator may some other modification to the aircraft periods discussed in paragraph 203. In choose to weigh only a portion of the warrants that the aircraft be weighed addition, it should be reestablished fleet and apply the unaccounted weight (e.g., paragraph 203(c)). Aircraft whenever the cumulative change to the and moment change determined by this transferred, purchased, or leased from Weight and Balance Log is more than sample to the remainder of the fleet. an operator without an approved weight plus or minus one-half of 1 percent (0.5 (1) A fleet is composed of a number and balance program, and that have percent) of the maximum landing of aircraft of the same model (For been unmodified or only minimally weight, or whenever the cumulative example, B747–200s in a passenger modified, can be placed into service change in the CG position exceeds one- configuration and B747–200 freighters without being reweighed if the last half of 1 percent (0.5 percent) of the should be considered different fleets. weighing was accomplished by a mean aerodynamic chord (MAC). In the Likewise, B757–200s and B757–300s method established through an case of helicopters and airplanes that do should be considered different fleets). operator’s approved weight and balance not have a MAC-based CG envelope The primary purpose of defining a fleet control program within the last 12 (e.g., canard equipped airplane), is to determine how many aircraft calendar-months and a weight and whenever the cumulative change in the should be weighed in each weighing balance change record was maintained CG position exceeds one-half of 1 cycle. A fleet may be further divided by the operator. See paragraph 203(c) for percent (0.5 percent) of the total CG into groups to establish FOEWs. a discussion of when it may be range, the weight and balance should be potentially unsafe to fail to reweigh an reestablished. TABLE 2—2. NUMBER OF AIRCRAFT TO aircraft after it has been modified. b. Fleet Operating Empty Weights WEIGH IN A FLEET (FOEW). An operator may choose to use 201. How Does an Operator Document For fleets An operator must weigh (at min- Changes to an Aircraft’s Weight and one weight for a fleet or group of aircraft of— imum)— Balance? if the weight and CG of each aircraft is within the limits stated above for 1 to 3 air- All aircraft. The weight and balance system establishment of OEW. When the craft. should include methods, such as a log, cumulative changes to an aircraft 4 to 9 air- 3 aircraft, plus at least 50 per- ledger, or other equivalent electronic Weight and Balance Log exceed the craft. cent of the number of aircraft means by which the operator will weight or CG limits for the established greater than 3. maintain a complete, current, and fleet weight, the empty weight for that More than 6 aircraft, plus at least 10 per- 9 aircraft. cent of the number of aircraft continuous record of the weight and CG aircraft should be reestablished. This greater than 9. of each aircraft. Alterations and changes may be done by moving the aircraft to affecting either the weight and/or another group, or reestablishing new (2) In choosing the aircraft to be balance of the aircraft should be FOEWs. weighed, the aircraft in the fleet having recorded in this log. Changes to an 203. How Often Are Aircraft Weighed? the most hours flown since last aircraft that result in a weight being weighing should be selected. added to the aircraft, weight being a. Individual Aircraft Weighing (3) An operator should establish a removed from the aircraft, or weight Program. Aircraft are normally weighed time limit such that all aircraft in a fleet being relocated in or on the aircraft at intervals of 36 calendar-months. An are eventually weighed. Based on the should be recorded in such a log. operator may, however, extend this length of time that a fleet of aircraft Changes in the amount of weight or in weighing period for a particular model typically remains in service with an the location of weight in or on the aircraft when pertinent records of actual operator, the time limit should not aircraft should be recorded whenever routine weighing during the preceding exceed 18 years (six 3-year weighing the weight change is at or exceeds the period of operation show that weight cycles). It is not intended that an weights listed in Table 2–1. and balance records maintained are operator be required to weigh any sufficiently accurate to indicate that remaining aircraft in the event that TABLE 2–1.—INCREMENTAL WEIGHT aircraft weights and CG positions are business conditions result in retirement CHANGES THAT SHOULD BE RE- within the cumulative limits specified of a fleet before all aircraft have been CORDED IN A WEIGHT AND BALANCE for establishment of OEW, (see weighed. CHANGE RECORD paragraph 202). Such applications c. Weighing Aircraft—Modifications. should be substantiated in each instance For most aircraft modifications, computing the weight and balance In the weight change An operator should with at least two aircraft weighed. record of a— record any weight Under an individual aircraft weighing changes is practical. For some changes of— program, an increase should not be modifications, such as interior Large-cabin aircraft ... +/¥10 lb or greater. granted which would permit any aircraft reconfigurations, the large number of Medium-cabin aircraft +/¥5 lb or greater. to exceed 48 calendar-months since the parts removed, replaced, and installed Small-cabin aircraft ... +/¥1 lb or greater. last weighing, including when an make an accurate determination of the aircraft is transferred from one operator weight and balance change by 202. How Does the Operator Maintain to another. In the case of helicopters, computation impractical. It would be the OEW? increases should not exceed a time that potentially unsafe to fail to reestablish is equivalent to the aircraft overhaul the aircraft weight and balance, by The loading schedule may utilize the period. actually reweighing the aircraft, in individual weight of the aircraft in Note: Per part 125, section 125.91(b), no situations where the cumulative net computing operational weight and person may operate an airplane in a part 125 change in the weight and balance log balance or the operator may choose to operation, unless the current empty weight exceeds: establish fleet empty weights for a fleet and center of gravity (CG) are calculated from (1) In the case of airplanes, plus or or group of aircraft. the values established by actual weighing of minus one-half of 1 percent (0.5

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percent) of the maximum landing limits. This is because the loading Section 3. Constructing a Loading weight, or whenever the cumulative schedule is generally designed to check Envelope change in the CG position exceeds one- only specific conditions (e.g., takeoff 207. What Should an Operator Consider half of 1 percent (0.5 percent) of the and zero fuel) known prior to takeoff, When Constructing a Loading Envelope? MAC. and must account for variations in (2) In the case of helicopters and weight and balance in flight. It must Each operator complying with this AC airplanes that do not have a MAC-based also account for factors selected to be must construct a ‘‘loading envelope’’ CG envelope (e.g., canard equipped excluded, for ease of use, from the applicable to each aircraft being airplane), whenever the cumulative calculation process. Loading the aircraft operated. The envelope will include all change in the CG position exceeds one- so that the calculated weight and relevant weight and balance limitations. half of 1 percent (0.5 percent) of the balance is within the approved limits It will be used to ensure that the aircraft total CG range. will maintain the actual weight and is always operated within appropriate Note: In the situations specified in balance within the certificated limits weight and balance limitations, and will paragraphs 203c(1) and (2), the operator throughout the flight. include provisions to account for the should weigh two or more aircraft in a fleet, c. Development of a loading schedule loading of passengers, fuel, and cargo; as required in Table 2–2, to get consistent represents a trade-off between ease of the in-flight movement of passengers, results. The operator may choose to weigh use and loading flexibility. A schedule aircraft components, and other loaded the aircraft before and after the modification, can provide more loading flexibility by items; and the usage or transfer of fuel or just after the modification. requiring more detailed inputs, or it can and other consumables. The operator be made easier to use by further limiting must be able to demonstrate that the 204. What Procedures Should Be Used the operational limits to account for the aircraft is being operated within its to Weigh Aircraft? uncertainty caused by the less detailed certificated weight and balance a. An operator should take inputs. limitations using reasonable precautions to ensure that it weighs an d. Several types of loading schedules assumptions that are clearly stated. aircraft as accurately as possible. These are commonly-used, including 208. What Information From the Aircraft precautions include checking to ensure computer programs as well as ‘‘paper’’ Manufacturer Should an Operator Use? that all required items are aboard the schedules, which can be either aircraft and the quantity of all fluids graphical, such as an alignment (‘‘chase The construction of the loading aboard the aircraft is considered. An around chart’’) system, slide rule, or envelope will begin with the weight and operator should weigh aircraft in an numerical, such as an adjusted weight balance limitations provided by the enclosed building because scale or index system. aircraft manufacturer in the weight and readings stabilize faster in the absence e. It is often more convenient to balance manual, type certificate data compute the balance effects of of drafts from open doors. sheet, or similar approved document. b. An operator should establish and combined loads and to display the These limitations will include, at follow instructions for weighing the results by using ‘‘balance units’’ or minimum, the following items, as aircraft that are consistent with the ‘‘index units.’’ This is done by adding applicable: recommendations of the aircraft the respective moments (weight times arm) of each item. Graphing the a. Maximum zero-fuel weight. manufacturer and scale manufacturer. b. Maximum takeoff weight. The operator should ensure that all moments results in a ‘‘fan grid’’ where lines of constant balance arms (BA) or c. Maximum taxi weight. scales are certified and calibrated by the d. Takeoff and landing CG limitations. manufacturer or a certified laboratory, % MAC are closer together at lower weights and further apart at higher e. In-flight CG limitations. such as a civil department of weights f. Maximum floor loadings-including and measures, or the operator may weights. Direct graphical or numerical addition of the balance effects are both running and per square foot calibrate the scale under an approved limitations. calibration program. The operator possible using these moment values. f. To make the magnitude of the g. Maximum compartment weights. should also ensure that the scale is numbers more manageable, moments h. Cabin shear limitations. calibrated within the manufacturer’s can be converted to an index unit. For i. Any other limitations provided by the recommended time period, or time example: manufacturer. periods, as specified in the operator’s approved calibration program. weight×− (BA datum) 209. What Should the Operator index unit = + K Consider When Curtailing the Section 2. Aircraft Loading Schedules M Manufacturer’s Loading Envelope? 205. What is a Loading Schedule? Note: Where datum is the reference BA a. The operator should curtail the that will plot as a vertical line on the fan a. The loading schedule is used to grid, M and K are constants that are selected manufacturer’s loading limitations to document compliance with the by the operator. M is used to scale the index account for loading variations and in- certificated weight and balance values, and K is used to set the index value flight movement that are encountered in limitations contained in the of the reference BA. normal operations. For example, if manufacturer’s AFM and weight and passengers are expected to move about balance manual. 206. How Should an Operator the cabin in flight, the operator must b. The loading schedule is developed Determine the Weight of Each Fluid curtail the manufacturer’s CG envelope by the operator based on its specific Used Aboard the Aircraft? by an amount necessary to ensure that loading calculation procedures and An operator should use one of the movement of passengers does not take provides the operational limits for use following: the aircraft outside its certified with the operator’s weight and balance a. The actual weight of each fluid, envelope. If the aircraft is loaded within program approved under this AC. These b. A standard volume conversion for the new, curtailed envelope, it will approved operational limits are each fluid, or always be operated within the typically more restrictive but do not c. A volume conversion that includes manufacturer’s envelope, even though exceed the manufacturer’s certificated a correction factor for temperature. some of the loading parameters, such as

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passenger seating location, are not operator may assume that all passengers caused by the motion being considered. precisely known. are seated uniformly throughout the It may be assumed that all passengers, b. In some cases an aircraft may have cabin or a specified subsection of the crew, and equipment are secured when more than one loading envelope for cabin. If this assumption is made, the the aircraft is in the takeoff or landing preflight planning and loading. Each operator must curtail the loading configuration. Standard operational envelope must have the appropriate envelope to account for the fact that the procedures may be taken into account. curtailments applied for those variables passenger loading may not be uniform. Examples of items that can move during that are expected to be relevant for that The curtailment may make reasonable flight are: envelope. For example, an aircraft might assumptions about the manner in which (1) Flight deck crewmembers moving have separate takeoff, in-flight, and people distribute themselves throughout to the lavatory. Flight deck landing envelopes. Passengers are the cabin. For example, the operator crewmembers may move to the most expected to remain seated in the cabin may assume that window seats are forward lavatory in accordance with the during take-off or landing. Therefore, occupied first, followed by aisle seats, security procedures prescribed for crews the takeoff and landing envelope need followed by the remaining seats leaving the cockpit. An offsetting credit not be curtailed for passenger (window-aisle-remaining seating). Both may be taken if another crewmember movement. forward and rear loading conditions moves to the flight deck during such c. Upon determination of the curtailed should be considered. That is, the lavatory trip. version of each envelope, the most passengers may fill up the window, (2) Flight attendants moving restrictive points (for each condition the aisle, and remaining seats from the front throughout the cabin. operator’s program will check) of the aircraft to the back, or the back (3) Service carts moving throughout generated by an ‘‘overlay’’ of the to the front. the cabin. Operators should take their envelopes will form the aircraft (2) If necessary, the operator may standard operating procedures into operational envelopes. These envelopes divide the passenger cabin into account. If procedures do not dictate must be observed. By restricting subsections or ‘‘zones’’ and manage the otherwise, it should be assumed that the operation to these ‘‘operational loading of each zone individually. It can service carts can travel anywhere within envelopes,’’ compliance with the be assumed that passengers will be the compartment to which they are manufacturer’s certified envelope will sitting uniformly throughout each zone, assigned. If multiple carts are in a given be ensured in all phases of flight, based as long as the curtailments described in compartment, and no restrictions are upon the assumptions within the the previous paragraph are put in place. placed on their movement, then the curtailment process. Optionally, an (3) All such assumptions should be maximum number of carts, moving the operator may choose to not combine the adequately documented. envelopes but observe each envelope maximum distance, must be considered. b. Fuel. The operator’s curtailed The weight of the number of flight independently. However, due to loading envelope must account for the calculation complexity, this is typically attendants assigned to each cart must effects of fuel. The following are also be considered. The assumed weight only possible through automation of the examples of several types of fuel-related weight and balance calculation. of each cart may be the maximum curtailments: anticipated cart-load or the maximum 210. What Are Some Examples of (1) Fuel density. A certain fuel density design load, as appropriate to the Common Curtailments to the may be assumed and a curtailment operator’s procedures. included to account for the possibility Manufacturer’s Loading Envelope? (4) Passengers moving throughout the of different fuel density values. Fuel cabin. Allowances should be made for The following subparagraphs provide density curtailments only pertain to the possibility that passengers may examples of common loading differences in fuel moment caused by move about the cabin in flight. The most curtailments. They are only examples. varying fuel volumes, not to differences common would be movement to the Operators using an approved weight and in total fuel weight. The fuel gauges in lavatory, described below. If a lounge or balance control program must include most transport category aircraft measure other passenger gathering area is curtailments appropriate to the weight, not volume. Therefore, the provided, the operator should assume operations being conducted. Each of the indicated weight of the fuel load can be that passengers move there from the items mentioned below is a single assumed to be accurate. curtailment factor. The total curtailment (2) Fuel movement. The movement or centroid of the passenger cabin(s). The of the manufacturer’s envelope is transfer of fuel in flight. maximum capacity of the lounge should computed by combining the (3) Fuel usage in flight. The burning be taken into account. curtailments resulting from each of of fuel may cause the CG of the fuel load (5) Passengers moving to the lavatory. these factors. to change. A curtailment may be Operators should account for the CG a. Passengers. The operator must included to ensure that this change does change caused by passengers moving to account for the seating of passengers in not cause the CG of the aircraft to move the lavatory. Operators should develop the cabin. The loading envelope need outside of the acceptable envelope. reasonable scenarios for the movement not be curtailed if the actual seating c. Fluids. The operator’s curtailed CG of passengers in their cabins and location of each passenger is known. If envelope must account for the effects of consider the CG shifts that can be assigned seating is used to determine galley and lavatory fluids. These factors expected to occur. Generally, it may be passenger location, the operator must include such things as: assumed that passengers to move to the implement procedures to ensure that the (1) Use of potable water in flight. lavatories closest to their seats. In assignment of passenger seating is (2) Movement of water or lavatory aircraft with a single lavatory, incorporated into the loading procedure. fluids. movement from the ‘‘most adverse’’ seat It is recommended that the operator take d. In-Flight Movement of Passenger must be taken into account. into account the possibility that some and Crew. The operational envelope Assumptions may be made which passengers may not sit in their assigned must account for the in-flight movement reflect operator lavatory and seating seats. of passengers, crew, and equipment. policies. For example, it may be (1) If the actual seating location of This may be done by including a assumed that coach passengers may each passenger is not known, the curtailment equal to the moment change only use the lavatories in the coach

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cabin, if that is the operator’s normal does not relieve an operator from the jetways, or any connections to ground policy. requirement to complete and maintain a service equipment. Other factors that an e. Movement of Flaps and Landing load manifest. operator should consider include engine Gear. If the manufacturer has not 212. What measures should an operator thrust, oleo strut extension, and aircraft already done so, the operator must take to obtain operational approval for taxi movement. account for the movement of landing an onboard weight and balance system? d. Takeoff trim settings. If the aircraft gear, flaps, wing leading edge devices, manufacturer provides trim settings for or any other moveable components of a. System calibration. An operator takeoff based on the aircraft’s CG the aircraft. Devices deployed only should develop procedures to calibrate while in contact with the ground, such its onboard weight and balance system location, an operator using an onboard as ground spoilers or thrust reversers, equipment periodically in accordance weight and balance system should may be excluded from such with the manufacturer’s instructions. ensure that the onboard weight and curtailments. An operator may calibrate its system balance system provides flight f. Baggage and Freight. It can be with operational items or fuel aboard crewmembers with adequate assumed that baggage and freight may the aircraft to test the system at a information to determine the be loaded at the centroid of each representative operational weight. appropriate trim setting. baggage compartment. Operators do not However, an operator may not use an e. Operational envelope. The need to include a curtailment if onboard weight and balance system in operational envelope for onboard weight procedures are used which ensure that place of procedures described in Section and balance systems shall be developed 1 of this chapter for weighing the the cargo is loaded uniformly using the same procedures described in throughout each compartment. aircraft to establish OEW or CG location. b. Demonstration of system accuracy. other parts of this AC, with the Section 4. Automated Weight and As part of the operational approval exception that the operational envelope Balance Systems process, an operator should demonstrate need not be curtailed for passenger random seating and passenger weight 211. How does an onboard weight and that its onboard weight and balance system maintains its certificated system variance. Also note that the fuel load is balance system compare to a subtracted from the measured takeoff conventional weight buildup method? accuracy between calibration periods. An operator should not have to conduct weight to determine the zero fuel weight a. An operator may use an onboard this demonstration more than once for and CG, instead of being added to the weight and balance system to calculate installing a specific system on one type zero fuel weight as part of the load an aircraft’s weight and balance, of aircraft. For the demonstration, the buildup. In addition, an operator must provided the FAA has approved the operator should use an aircraft in curtail the CG envelope for any system system for use in an operator’s weight normal operational service, or in CG tolerance and the weight must be and balance control program. This operations that represent the expected curtailed for any system tolerance above section discusses the differences an environmental and operational 1 percent. operator should consider when using an conditions in which the aircraft will f. Complying with compartment or onboard weight and balance system operate. compared to a conventional weight unit load device (ULD) load limits. buildup method. This section addresses 213. What operational considerations When using an onboard weight and only the operational considerations should an operator take into account balance system, an operator should related to the use of an FAA-authorized when using an onboard weight and develop in its weight and balance onboard weight and balance system. balance system? control program a method to ensure that b. Like operators using a conventional a. Certification limits. An operator it does not exceed the load limits weight buildup method to calculate using an onboard weight and balance specified for a compartment or ULD. If weight and balance, an operator using system as its primary means of an operator develops appropriate an onboard weight and balance system calculating weight and balance should procedures, an operator may request as a primary weight and balance control have procedures in place to ensure that approval to exclude bag counts from its system should curtail the the system is operated within the limits load manifest. The following are two manufacturer’s loading envelope to established during the system’s examples of acceptable means to ensure the aircraft does not exceed the certification process. demonstrate compliance with manufacturer’s certificated weight and b. Environmental considerations. An compartment load limits. CG limits. However, an operator using operator using an onboard weight and (1) An operator may assign a standard an onboard weight and balance system balance system should ensure that it average weight to bags. Based on that would not need to curtail the loading uses the system within the standard average weight, the operator envelope for assumptions about environmental limits established by the may place a placard in each passenger and bag weight or manufacturer. Environmental compartment stating the maximum distribution. conditions that may affect the number of bags permitted. An operator c. Because an onboard weight and performance of an onboard weight and may also create a table that lists the total balance system measures the actual balance system include temperature, weight associated with a given number weight and CG location of an aircraft, an barometric pressure, wind, ramp slope, of bags to ensure the operator does not operator may not need to include rain, snow, ice, frost, dew, deicing fluid, exceed the load limit of a compartment certain curtailments to the loading etc. envelope to account for variables such c. Aircraft considerations. An or ULD. as passenger seating variation or operator using an onboard weight and (2) By conducting sample loadings, an variation in passenger weight. However, balance system should ensure the operator may demonstrate that the an operator should curtail the loading weight and CG measured by the system average density of the bags it places in envelope for any system tolerances that are not affected by the aircraft a compartment or ULD would not allow may result in CG or weight errors. Using configuration, such as the movement of it to exceed the compartment or ULD an onboard weight and balance system flaps, stabilizers, doors, stairways or load limits inadvertently.

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214. May an operator use the average weights for passengers and bags • The CG of the zero fuel weight is information in this AC to develop a to calculate an aircraft’s weight and within the manufacturer’s loading backup system? balance, in accordance with standards envelope when loaded with a full load An operator using an onboard weight and recommended practices. This of passengers and all cargo and balance system as its primary method eliminates many potential compartments are filled with a density means of calculating weight and balance sources of error associated with of 10 pounds per cubic foot. may use the guidance in this AC to accounting for a large number of Or relatively light weights. However, develop a backup system based on a Loading Schedule Criteria: differences between the actual weight of conventional weight buildup. If an • The operator must use a loading operator develops and receives approval passengers and bags and the average weight of passengers and bags can occur schedule based upon zones. The aircraft for a backup system, the FAA may grant when using average weights. cabin may have no more than four rows the operator relief to include an onboard b. Statistical probability dictates that per zone with not less than four zones. weight and balance system in the the smaller the sample size (i.e., cabin f. Small Cabin Aircraft. Operators of operator’s minimum equipment list. size), the more the average of the sample small cabin aircraft may request 215. What operational considerations will deviate from the average of the approval to use any one of the following should an operator take into account larger universe. Because of this, the use methods when calculating the aircraft when using a computerized weight and of standard average passenger weights weight and balance. balance system? in weight and balance programs for (1) The operator may use actual small and medium cabin aircraft should a. An operator may use an installed passenger and bag weights, or be examined in greater detail. computerized weight and balance (2) The operator may use the c. The next four sections describe four segmented passenger weights listed in system to calculate the load schedule for methods available to operators to the aircraft’s weight and balance for Table 3–5 and average bag weights determine passenger and bag weight. listed in Section 2 of this chapter, or primary dispatch, provided that the They are standard average weights in (3) The operator may use the standard system received certification and Section 2; average weights based on average passenger and bag weights operational approval for use in an survey results in Section 3; segmented prescribed for large cabin aircraft, or operator’s approved weight and balance weights in Section 4; and actual weights average weights based on an FAA- control program. The system consists of in Section 5. An operator should review accepted survey, if— a computer program that runs on the following discussion and consult installed Electronic Flight Bag Table 3–1 to determine which method (a) The aircraft was certificated under computing devices or the Aircraft or methods are appropriate to its type of part 23 commuter category, part 25, or Communication Addressing and operation. part 29 (or is able to prove an aircraft Reporting System, and can be d. Large Cabin Aircraft. Operators of has equivalent part 25 or 29 downloaded to ground operations via large cabin aircraft may use the standard performance data), and electronic links. The system displays average weights for passengers and bags. (b) The operator curtails the aircraft the load sheet to the pilot or flight If an operator determines that the CG envelope as prescribed in operations for primary dispatch. standard average weights are not Appendixes 3 and 4 of this AC. b. Like operators using a conventional representative of its operation for some Section 2. Standard Average Weights weight buildup method to calculate route or regions, it is encouraged to weight and balance, an operator may conduct a survey as detailed in Section 301. What standard average passenger use the computerized weight and 3 of this chapter, to establish more weights should an operator with an balance system to provide the FAA appropriate average weights for its approved carry-on bag program use? approved loading schedules. The operation. Operators should have a. The standard average passenger operator who uses the computerized procedures for identifying situations weight and balance system as part of its that would require the use of weights provided in Table 3–1 were approved weight and balance program nonstandard or actual weights. established based on data from U.S. should meet all provisions pertinent to e. Medium Cabin Aircraft. Medium Government health agency surveys. For the operator’s approved weight and cabin aircraft should be evaluated to more background information on the balance program as described in this determine if the aircraft should be source of these weights, refer to AC. treated more like large or small cabin Appendix 2. aircraft. To determine if a medium cabin b. The standard average passenger Chapter 3. Methods to Determine the aircraft can be treated as a large cabin weights in Table 3–1 include 5 pounds Weight of Passengers and Bags aircraft, the aircraft must meet either for summer clothing, 10 pounds for Section 1. Choosing the Appropriate both of the loadability criteria or the winter clothing, and a 16-pound Method loading schedule criteria or else be allowance for personal items and carry- subject to the small cabin weights and on bags. Where no gender is given, the 300. What should an operator consider curtailments: standard average passenger weights are when choosing the appropriate method? Loadability Criteria: based on the assumption that 50 percent a. For many years, operators of • The CG of the OEW is within the of passengers are male and 50 percent transport category aircraft have used manufacturer’s loading envelope, and of passengers are female.

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c. An operator may use summer (2) One-third of passengers carry one an operator could establish different weights from May 1 to October 31 and personal item or carry-on bag. standard average bag weights for winter weights from November 1 to (3) One-third of passengers carry domestic and international routes. April 30. However, these dates may not neither a personal item nor a carry-on a. Heavy bags. Heavy bags are bag. be appropriate for all routes or considered any bag that weighs more operators. For routes with no seasonal (4) The average weight allowance of a than 50 pounds but less than 100 variation, an operator may use the personal item or a carry-on bag is 16 pounds. An operator should account for average weights appropriate to the pounds. climate. Use of year-round average b. If an operator believes the 16- a heavy bag by using one of the weights for operators with seasonal pound allowance for personal items and following weights: variation should avoid using an average carry-on bags is not appropriate for its (1) A standard average weight of 60 weight that falls between the summer operations or receives notification from pounds, and winter average weights. Operators the FAA that the assumptions provided (2) An average weight based on the with seasonal variation that elect to use in paragraph 302a are not consistent results of a survey of heavy bags, or a year-round average weight should use with the operator’s approved program, the winter average weight. Use of the operator should conduct a survey to (3) The actual weight of the heavy seasonal dates, other than those listed determine what percentage of bag. above, will be entered as nonstandard passengers carry personal items or Note: An operator that uses ‘‘double- text and approved through the carry-on bags aboard the aircraft. An counting’’ to treat a heavy bag as if it were operator’s OpSpec, MSpec, or LOA, as example of how to adjust the personal two checked bags for weight purposes should applicable. item and carry-on bag allowance, based ensure the load manifest represents the d. The standard average weights listed on the results of a survey, is in Section actual number of bags for counting purposes. in Table 3–1 are based on the 3. An operator should not use an An operator should have a system in place assumption that the operator has a allowance of less than 16 pounds for to ensure that heavy bags are identified, carry-on bag program. Operators using a personal items and carry-on bags unless although operators may not be required to no-carry-on bag program should refer to the operator conducts a survey or unless weigh heavy bags on a scale. paragraph 305 of this section. the operator has a no-carry-on bag b. Non-luggage bags. A non-luggage bag is program. any bag that does not meet the normal Note: The weight of children under the age criteria for luggage. Examples include golf of 2 has been factored into the standard 303. What standard average weights bags, fishing equipment packages, average and segmented adult passenger should an operator use for checked weights. wheelchairs and strollers in their shipping bags? configuration, windsurfing kits, boxed 302. What standard average weights An operator that chooses to use bicycles, etc. For non-luggage bags, operators should an operator use for carry-on bags standard average weights for checked may use any appropriate combination of and personal items? bags should use a standard average actual weights, average weights based on weight of at least 30 pounds. An survey results, or standard average bag a. An operator using standard average operator that requests approval to use a weights. Operators that wish to establish an passenger weights should include the standard average weight of less than 30 average weight for a particular type of non- weight of carry-on bags and personal pounds for checked bags should have luggage bag, such as a golf bag, must conduct items in the passenger’s weight. The current, valid survey data to support a a survey in accordance with the procedures standard average passenger weights in lesser weight. An operator also may established in Section 3 of this chapter. Table 3–1 include a 16-pound conduct a study to establish different Operators also should establish a method to allowance for personal items and carry- standard average bag weights for calculate the effect on CG of a large non- on bags, based on the assumption that— portions of its operation to account for luggage bag, such as a surfboard, that may (1) One-third of passengers carry one regional, seasonal, demographic, occupy more than one compartment on the personal item and one carry-on bag. aircraft, or route variation. For example, aircraft.

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304. What standard average weight 305. What standard average weights outlined in paragraphs 303 and 304 above. should an operator of large cabin aircraft should an operator of small and Furthermore, the passenger weight credit use for bags checked plane-side? medium cabin aircraft use, if it has a associated with a no-carry-on-bag program is ‘‘no-carry-on bag program?’ limited to the small and medium cabin Operators with a carry-on bag aircraft. program that use standard average Note: A no-carry-on bag program is limited a. An operator with a no-carry-on bag weights should account for the weight to small and medium cabin aircraft. A no- program may allow passengers to carry of each carry-on bag checked plane-side carry-on bag program is a term of art created only personal items aboard the aircraft. as 30 pounds. An operator may request for this AC. Associated with this program are Because these passengers do not have approval to use a weight other than 30 certain standard average weight credits and reductions. Nothing in this AC prevents an carry-on bags, an operator may use pounds if the operator has current, valid operator of large cabin aircraft from having a standard average passenger weights that survey data to support a different no-carry-on bag ‘‘policy;’’ however, the are 6 pounds lighter than those for an average weight for plane-side-loaded acceptable standard bag weights for such operator with an approved carry-on bag bags. checked baggage for large cabin aircraft are program. See Table 3–2.

b. An operator that has a no-carry-on that sufficient controls exist to ensure standard average weight of 30 pounds bag program may account for a plane- the personal items brought aboard the for a checked bag. side loaded bag as 20 pounds. To aircraft can fit completely under a 306. What are the standard average receive authorization to use 20 pounds passenger seat or in an approved weights for crewmembers? as the average weight for a plane-side stowage compartment. loaded bag, an operator should a. An operator may choose to use the c. If an operator discovers that a demonstrate that sufficient controls standard crewmember weights shown in plane-side loaded bag should have been exist to ensure that passengers do not Table 3–3 or conduct a survey to bring carry-on bags aboard the aircraft. treated as a checked bag, the operator establish average crewmember weights An operator also should demonstrate should account for that bag at the appropriate for its operation.

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b. The flight crewmember weights in or established average weights for the estimations and adjustments to those Table 3–3 were derived from weights nonstandard group, may be used for passenger and/or bag weights. listed on all first- and second-class such exception groups and average Section 3. Average Weights Based on medical certificates. The flight weights used for the balance of the Survey Results crewmember weight with bags assumes passenger load. In such instances, a that each flight crewmember has one notation should be made in the load 309. What should an operator consider crewmember roller bag and one pilot manifest indicating the number of when designing a survey? flight bag. persons in the special group and a. This section provides operators c. The flight attendant weights in identifying the group; e.g., football with an acceptable survey method to Table 3–3 were derived from National squad, etc. use in determining average weights for Health and Nutrition Examination (2) Roster weights may be used for a weight and balance control program. Survey (NHANES) data. (For additional determining the actual passenger This section also describes how an information on NHANES, see Appendix weight. operator can conduct a survey to count 2.) The flight attendant weights with (3) A standard allowance of 16 personal items and carry-on bags to bags assume that each flight attendant pounds per person may be used to determine an appropriate allowance for has one crewmember roller bag and one account for carry-on and personal items those items to include in passenger flight attendant kit. as provided in the operator’s approved weight. In addition, an operator may use d. An operator may include the carry-on bag program. the methods described in this section to weight of crewmembers in an aircraft’s (4) If the carry-on bags are conduct a survey to determine the OEW or add the weight to the load representative of the operator’s profile percentage of male and female manifest prepared for each flight. but do not meet the number of bags authorized per person, the operator may passengers, to calculate an average 307. What weights may be used for count bags and use a 16 pounds per bag passenger weight. company materials and mail? allocation. b. Surveys conducted correctly allow a. Company Material. An operator (5) Actual weights must be used in an operator to draw reliable inferences should use actual weights for company cases where the carry-on bags are not about large populations based on material and aircraft parts carried representative of the operator’s profile. relatively small sample sizes. In aboard an aircraft. b. Groups that are predominantly designing a survey, an operator should b. Mail. An operator should use the male or female should use the standard consider— weights provided with manifested mail average weights for males or females (1) The sample size required to shipments to account for the weight of provided in Table 3–1. achieve the desired reliability, the mail. If an operator has to separate c. Military Groups. The Department of (2) The sample selection process, and a shipment of mail, the operator may Defense (DOD) requires actual passenger (3) The type of survey (average make actual estimates about the weight and cargo weights be used in computing weights or a count of items). the aircraft weight and balance for all of the individual pieces, provided the 310. What sample sizes should an DOD charter missions. This requirement sum of the estimated weights is equal to operator use? the actual manifested weight of the is specified in DOD Commercial Air entire shipment. Carrier Quality and Safety requirements Several factors must be considered (reference 32 CFR part 861, section when determining an adequate sample 308. What are the standard average 861.4(e)(3)(ix), as revised). FAA- size. The more varied the population, weights for special passenger groups approved air carrier weight and balance the larger the sample size required to that do not fit an operator’s standard control programs may be used to obtain a reliable estimate. Paragraph 311 average weight profile? account for carry-on/personal items for provides a formula to derive the a. Sports Teams. mixed loads of military and their absolute minimum sample size to (1) Actual passenger weights should dependents (such as channel missions). achieve a 95-percent confidence level. be used for nonstandard weight groups For combat-equipped troop charters, the Table 3–4 has been provided for those (sports teams, etc.) unless average Air Mobility Command (AMC) will operators that wish to use calculations weights have been established for such provide guidance to account for the other than those listed in paragraph 311. groups by conducting a survey in additional weight. If aircraft operators Table 3–4 provides the operator with an accordance with the procedures perceive that the weights provided are acceptable number of samples that may established in Section 3 of this chapter. understated, they should seek be collected to obtain a 95-percent When such groups form only a part of confirmation of the actual weights and confidence level and lists the tolerable the total passenger load, actual weights, should make reasonable upward error associated with each category.

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311. When conducting a survey, can an number to each item in a group (such frequency of flights on particular routes. operator collect a smaller sample size as passengers waiting on a line or bag An operator should avoid conducting than that published in Table 3–4? claim tickets). Then the operator surveys on holidays unless it has a valid If the operator has chosen to use a randomly selects numbers and includes reason to request the particular date. sample size that is smaller than that the item corresponding with the number b. Submitting the survey plan to the provided in Table 3–4, the operator in the sample. The operator repeats this FAA. It is recommended that an should collect a sufficient number of process until it has obtained the operator submit its survey plan to the samples to satisfy the following minimum sample size. FAA at least 2 weeks before the survey formulas: (2) Systematic random selection. An is expected to begin. Before the survey operator should randomly select an item begins, the operator’s principal n in sequence to begin the process of inspectors (PI) will review the plan and − ^2 ∑(xxj ) obtaining samples. The operator should work with the operator to develop a j=1 then use a predetermined, systematic mutually acceptable plan. During the s = n −1 process to select the remaining samples survey, the PI will oversee the survey following the first sample. For example, process to validate the execution of the Where: s is the standard deviation an operator selects the third person in survey plan. After the survey is n is the number of points surveyed line to participate in the survey. The complete, the PI will review the survey xj is the individual survey weights operator then selects every fifth person results and issue the appropriate x¯ is the sample average after that to participate in the survey. OpSpecs or MSpecs. Once a survey The operator continues selecting items begins, the operator should continue the 1.** 96s 100 e = to include in the sample until it has survey until complete, even if the initial nx* obtained the minimum sample size. survey data indicates that the average Where: c. Regardless of the sampling method weights are lighter or heavier than e is the tolerable error used, an operator has the option of expected. surveying each passenger and bag 312. What sampling method should an 314. What general survey procedures aboard the aircraft and should always should an operator use? operator use? give a passenger the right to decline to a. An operator conducting a survey participate in any passenger or bag a. Survey locations. An operator must employ random sampling weight survey. If a passenger declines to should accomplish a survey at one or techniques. Random sampling means participate, the operator should select more airports that represent at least 15 that every member of a group has an the next passenger based on the percent of an operator’s daily equal chance of being selected for operator’s random selection method departures. To provide connecting inclusion in the sample. If an operator rather than select the next passenger in passengers with an equal chance of conducts a survey that does not employ a line. If a passenger declines to being selected in the survey, an operator random sampling, the characteristics of participate, an operator should not should conduct its survey within the the selected sample may not be attempt to estimate data for inclusion in secure area of the airport. An operator indicative of the larger group as a the survey. should select locations to conduct its survey that would provide a sample that whole. Because of this, any conclusions 313. What should an operator consider drawn from such a survey may not be is random and representative of its when developing a survey plan and operations. For example, an operator valid. submitting it to the FAA? b. The following are two examples of should not conduct a survey at a gate random sampling methods that an a. Developing a survey plan. Before used by shuttle operations unless the operator may find appropriate for the conducting a survey, an operator should operator is conducting a survey specific type of survey conducted. An operator develop a survey plan. The plan should to that route or the operator only may also consult a basic textbook on describe the dates, times, and locations conducts shuttle operations. statistics to determine if another random the survey will take place. In developing b. Weighing passengers. An operator sampling method is more appropriate. a survey plan, the operator should that chooses to weigh passengers as part (1) Simple random selection. An consider its type of operation, hours of of a survey should take care to protect operator should assign a sequential operation, markets served, and the privacy of passengers. The scale

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readout should remain hidden from determining the weight of those items. it would be irresponsible for the public view. An operator should ensure For example, an operator may determine operator to fail to increase the standard that any passenger weight data collected that the standard average weights for average weights for that route(s) by 5 remains confidential. male and female passengers are pounds per passenger. c. Weighing bags. When weighing appropriate for its operations, but on Note: The calculation below determines bags on a particular flight, an operator some routes the passengers are the appropriate allowance for personal items should take care to ensure that it is predominantly male or female. In this and carry-on bags. properly accounting for all items taken case, an operator may conduct a survey aboard the aircraft. to determine the percentage of male and 0.50 ‘‘(16 pounds + 16 pounds)] + [0.30 d. Rounding sample results. If the female passengers. The operator could ‘‘(16 pounds)] + [0.20 ‘‘(0 pounds)] = operator uses rounding in the weight use the results of the survey to justify a 20.8 pounds and balance calculations, it is weight other than the standard weights, 316. When should an operator conduct recommended that the operator round which assume a 50-percent male and another survey to revalidate the data passenger weights to the nearest pound 50-percent female mix of passengers. from an earlier survey? and bag weights to the nearest half- Similarly, an operator may conduct a pound. An operator should ensure that survey to determine the number of In order to use survey-derived average rounding is done consistently in all personal items and carry-on bags weights, an operator must revalidate calculations. passengers carry aboard aircraft to such survey data every 36 calendar- months or revert to the standard average e. Surveys for particular routes. An determine if the allowance of 16 pounds weights, provided the new survey operator may conduct a survey for a per passenger is appropriate to its average weight results are within 2 particular route if the operator believes operations. percent of the standard average weights that the average weights on that route b. For example, an operator conducts listed in this AC. may differ from those in the rest of its a survey on a particular route (or operations. To establish a standard multiple routes if amending the program Section 4. Segmented Passenger Weights average passenger weight along the average weight) to count the percentage route, an operator may survey of passengers carrying personal items 317. What should an operator consider passengers at only one location. and carry-on bags. The operator finds when using segmented weights? However, an operator should conduct that— a. The concept of segmented weights surveys of personal items and bags at (1) Fifty percent of passengers carry involves adding a portion of the the departure and arrival locations, one carry-on bag and one personal item. standard deviation to an average weight unless the operator can verify there is (2) Thirty percent of passengers carry to increase the confidence that the no significant difference in the weight one carry-on bag or one personal item. actual weight will not exceed the and number of bags in either direction (3) Twenty percent of passengers average weight. Like the standard along the route. carry neither a carry-on bag nor a average weights in Section 2, the personal item. segmented weights in Table 3–5 were 315. What information might an (4) The survey results show that the derived from average weights and operator gain from conducting a count average passenger carries approximately standard deviations found based on survey? 21 pounds of personal items and carry- NHANES data, assuming a 95-percent a. An operator may conduct a survey on bags rather than the standard confidence interval and 1-percent to count certain items without allowance of 16 pounds. In such a case, tolerable error.

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b. An operator may make the weight scales and scale tolerances will principal maintenance inspector (PMI). following adjustments to the table be defined in the operator’s approved An operator that wishes to change above: weight and balance control program); or aspects of its weight and balance control (1) An operator may subtract 6 b. Asking each passenger his or her program, including average weights, pounds from the passenger weight weight. An operator should add to this should submit all applicable supporting outlined above if it has a no-carry-on asked (volunteered) weight at least 10 data to the POI and PMI, as applicable, bag program or does not allow any pounds to account for clothing. An for approval. If the FAA approves the carry-on baggage into the cabin of the operator may increase this allowance for changes, the FAA will issue revised aircraft. clothing on certain routes or during OpSpecs, MSpecs, or LOA, as (2) An operator should add 5 pounds certain seasons, if appropriate. appropriate. to the weights above during the winter Note: If an operator believes that the 402. Which portions of OpSpecs or season. weight volunteered by a passenger is c. An operator may interpolate MSpecs are relevant to an operator’s understated, the operator should make a weight and balance program? between columns on the chart if the reasonable estimate of the passenger’s actual operator’s assumed ratio of male weight and add 10 pounds. a. This AC details methods to develop passengers to female passengers does a weight and balance control program not exactly match the values given. 321. If the operator decides to use an with greater accuracy and increased d. To account for a child’s weight, for actual weight program, how should it flexibility. By changing its OpSpecs or children ages 2 years to less than 13 determine the actual weights of personal MSpecs, an operator may alter the years of age, the standard average child items and bags? weights used in its weight and balance weight located in Table 3–1 may be control program to include appropriate used. Weights of children under the age To determine the actual weight of a personal item, carry-on bag, checked combinations of standard average of 2 have been factored into the weights, average weights based on segmented adult passenger weight. bag, plane-side loaded bag, or a heavy bag, an operator should weigh the item survey results, or actual weights. 318. How are loading envelope on a scale. b. Parts A and E of OpSpecs or curtailment and bag weight affected by MSpecs authorize an operator’s weight an operator’s use of segmented weights? 322. What approach should an operator and balance control program. These use to record actual weights? parts will address— a. Loading envelope curtailment. An An operator using actual weights (1) Average passenger and bag operator using segmented passenger weights; weights should consider curtailing its should record all weights used in the load buildup. (2) Situations when the use of average operational loading envelope using the weights is inappropriate; methods described in Appendix 4. Chapter 4. Operator Reporting Systems (3) The treatment of charter flights or b. Bag weights. An operator using and FAA Oversight special groups, if applicable; segmented weights may use actual (4) The type of loading schedule and Section 1. Pilot and Agent Reporting weights for bags or the standard average instructions for its use; Systems bag weights provided in Section 2. An (5) Aircraft weighing schedules; and operator using segmented passenger 400. What are the pilots’ and operators’ (6) Other procedures that the operator weights may not use survey-derived responsibilities in reporting aircraft may require to assure control of weight average bag weights. loading and manifest preparation and balance. 319. What might be an example of an discrepancies? c. Paragraph E096 of the OpSpecs or MSpecs is issued to an operator with an operator using the segmented weights in Each operator should develop a approved aircraft fleet actual or average Table 3–5? reporting system and encourage weight program. The FAA issues this employees to report any discrepancies An operator of a 30 passenger-seat paragraph after reviewing and in aircraft loading or manifest aircraft conducts a survey to count the approving an operator’s weight and preparation. These discrepancies may percentage of male and female balance control program in its entirety. passengers on its flights and determines include errors in documentation or d. Paragraph A011 of the OpSpecs or that 50 percent of its passengers are calculation, or issues with aircraft MSpecs is issued to an operator with an male and 50 percent are female. If the performance and handling qualities that approved carry-on bag program. This operator has an approved carry-on bag indicate the aircraft weight or balance is paragraph provides details about the program, the operator should use 204 not accurate. Operators should attempt operator’s approved carry-on bag pounds in the summer and 209 pounds to determine the cause of each program and states whether the operator in the winter. If the operator has a no- discrepancy and take appropriate has a carry-on bag program or a no- carry-on bag program, the operator corrective action. This would include a carry-on bag program. The FAA will should use 198 pounds in the summer load audit on affected flights or issue this paragraph after reviewing the and 203 pounds in the winter and conducting a passenger or bag weight operator’s carry-on baggage program in account for all plane-side loaded bags as survey in accordance with this AC if its entirety. 20 pounds each. trends indicate it is warranted. e. If an operator chooses to use Section 5. Actual Weight Programs Section 2. FAA Oversight standard average weights as outlined in this AC, the FAA will document that 320. If the operator decides to use an 401. Which FAA inspectors are decision by issuing one or more of the actual weights program, how might it responsible for overseeing an operator’s following OpSpecs or MSpecs determine the actual weight of weight and balance program? paragraphs. If an operator proposes to passengers? The FAA has divided the use different average weights (weights An operator may determine the actual responsibility of overseeing an other than the standard average or weight of passengers by— operator’s weight and balance control segmented weights) and the FAA a. Weighing each passenger on a scale program between the operator’s concurs with the statistically valid data before boarding the aircraft (types of principal operations inspector (POI) and provided by the operator to support

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such average weight differences, then paragraph A096. Paragraph A096 the manufacturers’ CG envelope, to assure those differences will be documented in documents the use of actual weights and the aircraft will be operated within limits the following OpSpecs or MSpecs. the use of its onboard weight and during all phases of flight. Curtailment typically accounts for, but is not limited to, Although these paragraphs authorize an balance system. For an operator that in-flight movement, gear and flap movement, operator to use average and/or chooses to use standard average weights cargo variation, fuel density, fuel burn-off, segmented weights, an operator may use as a backup system, the FAA will issue and seating variation. actual weights at any time once issued paragraphs A097, A098, or A099, as 7. Fleet empty weight. Average operational these paragraphs. appropriate. By authorizing the use of empty weight (OEW) used for a fleet or group (1) Paragraph A097—Small Cabin average weights, the operator may elect of aircraft of the same model and Aircraft Passenger and Baggage Weight to use actual weights derived from its configuration. Program. onboard weight and balance system, and 8. Freight. Cargo carried for hire in the cargo compartment that is not mail or (2) Paragraph A098—Medium Cabin may use average weights as an passenger bags. Aircraft Passenger and Baggage Weight alternative should the system be 9. Heavy bags. For this AC, heavy bags are Program. inoperative. considered any bag that weighs more than 50 (3) Paragraph A099—Large Cabin j. For operators of all-cargo aircraft, pounds but less than 100 pounds. Bags that Aircraft Passenger and Baggage Weight the FAA will issue OpSpecs or MSpecs are 100 pounds or more are considered Program. paragraph A096. Paragraph A096 freight. 10. Large cabin aircraft. Aircraft with a Note: If an operator does not provide the documents the use of actual weights, with the exception of flightcrew and maximum type-certificated seating capacity FAA with adequate information to justify the of 71 or more passenger seats. issuance of one of the above paragraphs that flightcrew bag weights. These weights 11. Loading envelope. Weight and CG documents the use of standard average, may be accounted for using the standard envelope used in a loading schedule. Loading survey-derived average, and/or segmented average weights described in Chapter 3, the aircraft within the loading envelope will weights, the FAA may issue paragraph A096, Table 3–3. maintain the aircraft weight and CG within requiring the operator to use actual weights the manufacturer’s type-certificated limits for a specific aircraft or aircraft fleet. 403. When will the FAA revise the throughout the flight. standard average weights in this AC? 12. Loading schedule. Method for f. If an operator chooses to develop a The FAA will periodically review the calculating and documenting aircraft weight weight and balance control program standard average passenger weights and balance prior to taxiing, to ensure the using only actual weights for all the aircraft will remain within all required listed in this AC, after the release of a aircraft it operates, the FAA may issue weight and balance limitations throughout new NHANES. If the FAA finds that the OpSpec/MSpec paragraph A096. The the flight. data from NHANES indicates a weight FAA will not issue paragraphs A097, 13. Manufacturer’s empty weight. Weight change of more than 2 percent, the FAA of structure, powerplant, furnishings, A098, or A099 to operators with a will revise this AC to update the systems, and other items of equipment that weight and balance control program that standard average weights. are an integral part of a particular aircraft uses only actual weights. The FAA will configuration. (It is essentially a ‘‘dry’’ only issue paragraphs A096, A097, James J. Ballough, weight, including only those fluids contained A098, and/or A099 after reviewing the Director, Flight Standards Service. in closed systems.) operator’s actual or average weight 14. Maximum landing weight. The program. Appendix 1. Definitions maximum weight at which the aircraft may g. An operator that receives approval 1. Basic empty weight. The aircraft empty normally be landed. 15. Maximum takeoff weight. The to use nonstandard average weights weight, adjusted for variations in standard items. maximum allowable aircraft weight at the should document and make available, start of the takeoff run. upon request, the data and methodology 2. Cargo. As used in this advisory circular (AC), cargo refers to everything carried in the 16. Maximum taxi weight. The maximum used to derive those weights. An cargo compartments of the aircraft. This allowable aircraft weight for taxiing. operator’s documentation should be includes bags, mail, freight, express, and 17. Maximum zero-fuel weight. The sufficiently comprehensive to allow the company material. It also includes live maximum permissible weight of an aircraft FAA to reproduce the same results animals, dangerous goods, and hazardous with no disposable fuel and oil. during an audit. An operator should materials as subcategories of the above. 18. Medium cabin aircraft. Aircraft with a 3. Carry-on bag. A bag that the operator maximum type-certificated seating capacity retain this documentation for as long as between 70 and 30 passenger seats, inclusive. the operator uses the nonstandard allows the passenger to carry onboard. It should be of a size and shape that will allow 19. Moment. A force that causes or tries to average weights in its weight and it to be stowed under the passenger seat or cause an object to rotate. balance control program. in a storage compartment. The operator 20. Onboard weight and balance system. A h. If an operator chooses to conduct establishes the exact dimensional limits system that weighs an aircraft and payload, a survey, the operator will use the based on the particular aircraft stowage then computes the CG using equipment results of the survey to establish a limits. onboard the aircraft. revised average weight and must curtail 4. Certificated weight and CG limits. 21. Operational empty weight (OEW). Basic the loading envelope as necessary. Weight and center of gravity (CG) limits are empty weight or fleet empty weight plus established at the time of aircraft operational items. However, if the survey results indicate certification. They are specified in the 22. Operational items. Personnel, the average weights are within 2 percent applicable aircraft flight manual (AFM). equipment, and supplies necessary for a of the standard average weights outlined 5. Checked bags. Checked bags are those particular operation but not included in basic in this AC, the operator may elect to bags placed in the cargo compartment of the empty weight. These items may vary for a adopt the standard average weights only aircraft. This includes bags that are too large particular aircraft and may include, but are after submitting the survey results to the to be placed in the cabin of the aircraft or not limited to, the following: FAA and receiving approval through its those bags that are required to be carried in a. Crewmembers, supernumeraries, and OpSpecs, MSpecs, or LOA. the cargo compartment by regulation, bags; security program, or company policy. For b. Manuals and navigation equipment; i. For operators using an onboard bags checked plane-side, see the definition c. Passenger service equipment, including weight and balance system to determine for plane-side loaded bags. pillows, blankets, and magazines; the weight and balance of the aircraft, 6. Curtailment. Creating an operational d. Removable service equipment for cabin, the FAA will issue OpSpecs or MSpecs loading envelope that is more restrictive than galley, and bar;

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e. Food and beverage, including liquor; aircraft and subsequently placed in the are based on a large sample size, and are not f. Usable fluids, other than those in useful aircraft cargo compartment or cargo bin. restricted geographically to a particular area. load; 27. Reference Balance Arm (BA). The b. The CDC collects NHANES data g. Required emergency equipment for all horizontal distance from the reference datum annually by conducting an actual scale flights; to the CG of an item. weighing of approximately 9,000 subjects in h. Life rafts, life vests, and emergency 28. Segmented Weights. Passenger weights a clinical setting. The standard deviation of transmitters; derived by adding a portion of the standard the sample was 47 pounds. The CDC last i. Aircraft unit load devices; deviation to an average weight to increase the published results from NHANES in 2000. confidence that the actual weight will not j. Potable water; Additional information on NHANES can be k. Drainable unusable fuel; exceed the average weight. found at the following Web sites: l. Spare parts normally carried aboard and 29. Small cabin aircraft. Aircraft with a (1) General information. http:// not accounted for as cargo; and maximum type-certificated seating capacity m. All other equipment considered between 5 and 29 passenger seats, inclusive. www.cdc.gov/nchs/nhanes.htm. standard by the operator. 30. Standard basic empty weight. (2) Analytic and reporting guidelines. 23. Passenger assist/comfort animals and Manufacturer’s empty weight plus standard http://www.cdc.gov/nchs/data/nhanes/ devices. These include, but are not limited to, items. nhanes3/nh3gui.pdf. canes, crutches, walkers, wheelchairs, 31. Standard items. Equipment and fluids (3) Data files for 1999–2000 survey. medically-required animal comfort not considered an integral part of a particular http://www.cdc.gov/nchs/about/major/ companions, or animals required to assist the aircraft and not a variation for the same type nhanes/NHANES99_00.htm. vision impaired. of aircraft. These items may include, but are c. The FAA used most recent NHANES 24. Passenger weight. Passenger weight is not limited to, the following: data set from surveys conducted in 1999 and the actual weight or the approved average a. Unusable fuel and other unusable fluids; 2000 to calculate the standard average weight of the passenger. b. Engine oil; passenger weights used in this advisory a. An adult is defined as an individual 13 c. Toilet fluid and chemical; circular (AC). From this data set, the FAA years or older. d. Fire extinguishers, pyrotechnics, and separated out a separate data set of b. A child is defined as an individual aged emergency oxygen equipment; individuals who had not yet reached their e. Structure in galley, buffet, and bar; and 2 to less than 13 years of age. 13th birthday to determine average child f. Supplementary electronic equipment. c. Infants are children who have not yet weight. From the remaining adult data set, reached their second birthday and are 32. Useful Load. Difference between takeoff weight and OEW. It includes payload, usable the FAA removed all weight data that considered part of the adult standard average indicated the subject was clothed during the and segmented passenger weight. fuel, and other usable fluids not included as operational items. weighing and removed all data points more 25. Personal item. Items the operator may than two standard deviations from the mean. allow a passenger to carry aboard, in addition Appendix 2. Source of Standard The FAA then calculated the average weights to a carry-on bag. Typically, an operator may Average Weights in This AC for males and females in the remaining data allow one personal item such as a purse, set. briefcase, computer and case, camera and 1. Standard average passenger weights. case, diaper bag, or an item of similar size. a. The Federal Aviation Administration 2. Standard average bag weights. Other items, such as coats, umbrellas, (FAA) examined data from several large- To determine standard average weights for reading material, food for immediate scale, national health studies conducted by different types of bags, the FAA closely consumption, infant restraining device, and U.S. Government health agencies. The FAA examined previous surveys conducted by passenger assist/comfort animals and found that the National Health and Nutrition operators, including several surveys devices, are allowed to be carried on the Examination Survey (NHANES), conducted conducted in response to FAA Notice aircraft and are not counted against the by the Centers for Disease Control (CDC), 8400.40, Weight and Balance Control personal item allowance. provided the most comprehensive and Programs for 10 to 19 Seat Airplanes 26. Plane-side loaded bag. Any bag or item appropriate data. The data in NHANES cover Operated Under 14 CFR 121. The results of that is placed at the door or steps of an a broad spectrum of the general population, those surveys are summarized in Table 2–1.

Appendix 3. Sample Operational (14 CFR) part 23 and because it is originally remaining method. Note that because this Loading Envelope type-certificated for 5 or more passenger aircraft has only two window seats per row, seats, it would be appropriate to use the the operator may reasonably assume that 1. Introduction. average weights listed in Chapter 3, Section passengers begin seating themselves in the The following is an example of how to 2. For this example, it is assumed that the front of the cabin and select the most forward develop an operational loading envelope. For operator does not have a carry-on bag seat available. this example, a hypothetical 19-seat commuter category aircraft is used. Although program. Therefore, the operator should use b. Bag weights. For this example, the this example uses inches to measure fuselage a standard average passenger weight of 189 operator assumes that a checked bag weighs station, an operator may choose to use an pounds in winter and 184 pounds in 30 pounds and a plane-side loaded bag index system for convenience. summer. For this example, a standard weighs 20 pounds. 2. Assumptions for this example. average passenger weight of 189 pounds is c. Interior seating. For this example, a. Passenger weight. Because the aircraft is used. The operator also assumes that consider a commuter category 19-seat aircraft certificated under the commuter category of passengers are distributed throughout the with the interior seating diagram shown in Title 14 of the Code of Federal Regulations cabin in accordance with the window-aisle- Figure 3–1.

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3. Curtailments for passenger seating b. Determining the centroid of each zone. (2) Add each number calculated in step 1, variation. When using cabin zones, an operator and a. Establishing zones. The operator elects assumes that all passengers are sitting at the (3) Divide the number in step 2 by the total to separate the passenger cabin into three centroid of their zone. To find the centroid number of seats in the zone. zones. Zone 1 will contain rows 1 to 3, zone of each zone— 2 will contain rows 4 to 6, and zone 3 will (1) Multiply the number of seats in each Note: For this sample aircraft, see Tables contain rows 7 to 9. row of the zone by the location of the row, 3–1 through 3–3 below.

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c. Comparing loading assumptions. To based on the assumption that passengers are and identifying the loading scenarios that determine the appropriate amount of sitting at the centroid of their respective result in the most forward or aft center of curtailment, the operator should compare zones. An operator may determine the gravity (CG) location. See Tables 3–4 through aircraft loading based on the window-aisle- appropriate curtailment by comparing the 3–12 below. remaining assumption with aircraft loaded moments resulting from these assumptions

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(1) Curtailment calculation for zone 1.

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(2) Curtailment calculation for zone 2.

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(3) Curtailment calculation for zone 3.

(4) Determining the most adverse loading. the moments. For zone 3, having four this example, the 36,666 inch-pounds is the It is important that an operator examine the passengers in the zone results in the largest sum of 11,340 from Table 3–6; 10,962 from above results for each zone and determine difference. In this case, the operator should Table 3–9; and 14,364 from Table 3–12. which loading scenario results in the greatest curtail the manufacturer’s loading envelope (5) Using actual seating location. difference in moments. For zones 1 and 2, forward and aft by the sum of these moments, Alternatively, an operator may reasonably having two, three, or four passengers in the 36,666 inch-pounds, to account for the avoid the above curtailment calculations by zone results in the largest difference between potential variation in passenger seating. In determining the actual seating location of

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each passenger in the cabin. By eliminating the CG of the aircraft, the operator would not g. Movement of flaps and landing gear. The potential variation in passenger seating, an need to provide a curtailment for variation in manufacturer of the sample aircraft has operator would not need to make fuel density. considered the movement of flaps and assumptions about passenger seating and c. Fuel movement in flight. For this sample landing gear in the development of its would not need to curtail the loading aircraft, the manufacturer has considered the loading envelope. The operator does not need envelope accordingly. An operator choosing movement of fuel in flight. Therefore, the to include any additional curtailments in its to use actual seating location should have operator does not need to include additional operational loading envelope for the procedures in place to ensure that passengers curtailments in the operational loading movement of those items. sit in their assigned location. envelope. h. Fuel consumption. To ensure the sample 4. Other curtailments to the manufacturer’s d. Fluids. The sample aircraft does not aircraft remains within the manufacturer’s loading envelope. have a lavatory or catering. CG limits as fuel is consumed, the operator a. Variation in passenger weight. Because e. Bags and freight. The sample aircraft has should curtail the aft CG at weights less than the operator in this example elects to use standard average weights on a small-cabin an aft bag compartment split into two the zero-fuel weight by 8,900 inch-pounds. In aircraft, an additional curtailment for sections. If the operator has procedures in this example, the 8,900 inch-pounds is the potential variation in passenger weight is place to restrict the movement of bags fuel burn deviation that would bring the required. The operator should curtail the between the two sections, no additional aircraft outside the aft CG limit during the manufacturer’s loading envelope by 23,791 curtailment to the envelope is required. course of flight. inch-pounds forward and aft to account for f. In-flight movement of passengers and 5. Operational loading envelope diagrams. the variation in passenger weight. A full crewmembers. Because there are no flight a. Figure 3–2 below shows the operator’s explanation of this calculation is contained attendants and the aircraft is not equipped curtailments to the manufacturer’s loading in Appendix 4. with a lavatory, it is reasonable to assume envelope, based on the assumptions made b. Variation in fuel density. Because the that passengers or crewmembers will not about variations in passenger seating and loading of fuel does not significantly change move about the cabin in flight. weight, as well as fuel consumption.

b. To expand the operational loading cabin and eliminate the curtailment for below shows the expansion of the envelope, an operator could choose to use the variations in passenger seating. Figure 3–3 operational loading envelope. actual seating location of passengers in the

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Appendix 4. Additional Curtailments to (CG) envelope for passenger weight deviation (from the source of the average CG Envelopes To Account for variations and male/female passenger ratio. passenger weight used) by the row factor Variations to Passenger Weights This curtailment is in addition to the from Table 4–1. The following table ensures standard curtailments discussed in Chapter a 95-percent confidence level of passenger a. The use of average weights for small 2. weight variation, using the window-aisle- cabin aircraft requires consideration of an (1) Passenger weight variation is remaining seating method. additional curtailment to the center of gravity determined by multiplying the standard

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(2) Protect against the possibility of an all- c. Calculation of the curtailment passenger remaining). Using the window-aisle- male flight by subtracting the difference weight variation is decided by multiplying remaining method, the additional between the male and average passenger the standard deviation by the correction curtailment in the example is determined to weight. factor and adding the difference between be 62,310 inch-pounds forward and aft. Table (3) The sum of these two provides an male and female passenger weight. For 4–2 displays the calculations used in this additional weight to be used for CG example, assuming a 47 pound standard example. deviation, the difference between the average curtailment, similar to the way in which passenger weight and an all-male weight is Note: The following definitions describe passenger seating variation is calculated. 10 pounds (from 1999–2000 National Health the parameters used in the sample: b. If the operator chooses to use the and Nutrition Examination Survey • Seat Centroid: Location of passenger passenger cabin zone concept (as described (NHANES) data), and a sample aircraft with weight at seat. in Appendix 3) and apply this concept to 9 rows in a 2-abreast configuration. The • Seat Moment: Additional passenger account for variation in passenger weight, additional weight to be curtailed is weight × seat centroid. then the row factor in Table 4–1 determined as: • Total Weight: Sum of additional corresponding to the number of rows in each Weight for Additional Curtailment = (47 × passenger weights (running total). zone should be used. For the purposes of this 1.70) + (10) = 90 lbs • Total Moment: Sum of additional curtailment, the zone can be no smaller than d. For the example, the additional passenger moments. two rows, if row count is used for passenger curtailment should be accomplished by • Moment Deviation: Difference between seating calculations. Therefore, if an operator assuming passenger loading at 90 pounds total moment and moment generated by chooses to use row count, the operator must using the program method for passenger assuming additional passenger weight is use the row factor for two rows. seating variation (e.g., window-aisle- located at the cabin centroid (323.8 in).

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Appendix 5. Options To Improve Male/female ratio (Pax Ratio) = 50.6 percent average weights provided for a no-carry-on Accuracy Checked baggage weight = 29.2 pounds baggage program as described in Chapter 3, Baggage checked plane-side = 21.3 pounds Section 2). A number of options are available that Carry-on and personal items weight (CO Wt) (2) Actual Weights. It is permissible to use enable operators to deviate from standard = 10.4 pounds actual weights in lieu of standard average, assumed weights and may also provide relief Carry-on and personal items per passenger segmented, or survey-derived average from constraints required when assumed ratio (CO Ratio) = 0.82 pounds weights (if applicable). Parameters that may averages are used. These options include: Survey conducted in summer months use actual weights include passenger (1) Surveys. Surveys may be accomplished The resulting assumed passenger weight weights, checked baggage weights, carry-on for passenger weights (to include carry-on bags), checked baggage weights, male/female for loading is expressed as: bag weights, crew weights, and fuel density/ ratios and fuel densities. These surveys may Passenger Weight = M × Pax Ratio + F × (1 weight. be conducted for entire operator route ¥ Pax Ratio) + CO Wt × CO Ratio (3) Passenger Cabin Zones and Row Count. systems, or by specific market or region. And is determined as: Passenger cabins may be split up into zones provided an acceptable procedure for Surveys practices and data reduction must Summer Passenger Weight = 0.506 × 183.3 + determination of passenger seating is conform to the requirements defined in this (1 ¥ 0.506) × 135.8 + 10.4 × 0.82 = 169 included (e.g., use of seat assignments or advisory circular (AC). Use of surveys may lb crew counts seated passengers by zone). If allow an operator to use passenger and Winter Passenger Weight = 169 + 5 = 174 lb baggage weights less than the standard zones are used, it may be reasonable for the specified in this AC. Also, a survey may find Survey results would also be used to operator to reduce the center of gravity (CG) that the assumed male/female ratio is determine the additional curtailment for passenger seating curtailment suggested in incorrect and appropriate adjustments must variations to passenger weight. Assuming a this AC by accommodating variations within be made. For example, let’s assume the 19-seat aircraft in 2-abreast configuration in each individual zone separately and totaling following results from an approved passenger our example, the additional weight to be the results. Passenger row count allows the and baggage survey. curtailed would be: operator to eliminate the seating variation by × Male passenger weight (M) = 183.3 pounds Additional Weight for Curtailment = (47.6 accounting for where the passenger is Female passenger weight (F) = 135.8 pounds 1.70) + 24 = 104.9 lb actually seated. Difference between male and average Also in our example, the assumed checked An example of use of passenger zones passenger weights = 24.0 pounds baggage weight is 30 pounds. Plane-side follows. Standard deviation of total sample (Sigma) = loaded bags would be assumed to weigh 20 Assume an aircraft interior as displayed in 47.6 pounds pounds. (These weights are the standard Figure 5–1.

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Assume that for weight and balance loading). For each zone, a zone centroid must Assuming the standard winter passenger purposes, it is desirable to break the cabin up be calculated by counting the total number of weight of 195 pounds is used for the into three passenger zones. The passenger seats and averaging their location. curtailment, the calculation of total moment zones will be determined as zone 1 (rows 1– Zone 1 centroid = (2 × 198.0 + 2 × 228.0 + is required for comparison to moment 3), zone 2 (rows 4–6), and zone 3 (rows 7– × assuming each passenger is seated at the 9). Use of the window-aisle-remaining 2 258.0) / (2 + 2 + 2) = 228.0 in. × × centroid of each passenger zone. The total method will be used in each zone to provide Zone 2 centroid = (2 289.0 + 2 318.0 + a total curtailment to the CG envelope. (For 2 × 347.0) / (2 + 2 + 2) = 318.0 in. moment is found by summing the individual this sample aircraft, window-aisle-remaining Zone 3 centroid = (2 × 377.0 + 2 × 407.0 + moments calculated at each occupied seat in method simply becomes forward and aft end 3 × 436.0) / (2 + 2 + 3) = 410.9 in. the window-aisle-remaining progression.

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The curtailment for passenger seating variation is ¥37,719 inch-pounds (¥11,700 (in each zone) would result in an adjustment variation is determined by adding the largest + ¥11,310 + ¥ 4,709). Similarly, curtailment of 37,719 inch-pounds. Figures 5–2 through delta moments from each of the passenger to the aft limit of the CG envelope using 5–4 graphically show the curtailments for zones. In our example, the curtailment to the window-aisle-remaining method loading each passenger zone through use of forward forward CG limit for passenger seating from the most aft seat row moving forward and aft end loading using our example.

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(4) Actual M/F Counts. Loading systems would be summed accordingly. For instance, Appendix 6. Sample CG Envelope may use separate male and female assumed 7 male and 11 female passengers would Development passenger weights for each operation. If the result in a total passenger weight of (7 × 192) Outlined below is an example of the operator’s weight and balance program is + (11 × 144) = 2,928 pounds. development of a center of gravity (CG) approved for use of male/female weights, (5) Adolescent (Child) Weights. In most then the operator must count the number of envelope construction for a 19-seat commuter male passengers and female passengers circumstances, an operator may consider any category aircraft. The sample system uses a separately. The male and female weights passenger less than 13 years of age, who is CG diagram displayed in inches. Operators’ used may be from the development of occupying a seat, to weigh less than an adult systems may use a variety of methods to standard passenger weight as described in passenger as described in this AC. The display CG diagram, including an Index this AC or they may be determined through standard adolescent child weights can be system detailed in Chapter 2, Section 2 and an operator-developed survey as also found in Table 3–1 of Chapter 3. in Appendix 3. described in this AC. Use of male/female (6) Standard Weights With Approved No- Sample Development of Weight and Balance weights may be for entire operations or for Carry-on Baggage Program. a particular route and/or region of flying. System for 19-Seat Aircraft An example of how male/female ratios can Summer Passenger Weight = 184 lb a. CG Envelope Construction. The certified be applied to weight and balance systems Winter Passenger Weight = 189 lb CG envelope provided by the manufacturer follows. Checked Baggage Weight = 30 lb each must be examined for the following Assuming the operator is using the survey Baggage Checked Plane-side = 20 lb each curtailments. results as described in subparagraph (1) Inclusion in the no-carry-on baggage program (1) Variations to Passenger Seating above, the assumed male and female does not preclude use of actual or surveyed (Outlined in Chapter 2). In this example, the passenger weights, including average carry- window-aisle-remaining method was used weights for passengers, carry-on/personal on baggage, are computed as: considering a passenger weight of 189 items, checked baggage, or baggage checked Male passenger weight (summer) = 183.3 + pounds and using 3 passenger zones, where plane-side. 10.4 × 0.82 = 192 lb zone 1 is defined as rows 1–3, zone 2 is Male passenger weight (winter) = 192 + 5 = (7) Automation. Automation may also be defined as rows 4–6, and zone 3 is defined 197 lb used to provide a more accurate weight and as rows 7–9. (189 lb/pax is used since the Female passenger weight (summer) = 135.8 + balance program. Examples of automation operator will be using a no-carry-on baggage 10.4 × 0.82 = 144 lb include use of seat assignments for the program as detailed later on in this sample Female passenger weight (winter) = 144 + 5 determination of passenger moment and exercise). The resulting curtailment for use of = 149 lb historical seating to determine passenger 3 passenger zones is 36,600 inch-pounds The weight and balance manifest would moment. forward and aft. provide for identification of male/female (2) Variations to Passenger Weight identification and the passenger weights (Outlined in Appendix 4). Since the sample

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aircraft falls into the group of aircraft weight consideration. In our example, the reasonable to assume that the passengers will requiring full evaluation of small cabin standard deviation is calculated from the remain in their seats for the duration of the aircraft rules, application of a curtailment NHANES data as 47 pounds, and the flight. Therefore, it is not necessary to curtail due to variations to passenger weight is difference between average all-male and the limits for passenger and crew in-flight required. average passenger weights is 10 pounds. The movement. (a) Use of Passenger Zone Concept for resulting additional weight for curtailment is (8) Movement of Flaps and Landing Gear. Curtailment. Considering three cabin zones 47 × 2.96 + 10 = 149 pounds. This additional In the case of the sample aircraft, the with each zone containing three rows in a 2- weight is applied as if a 2-row passenger manufacturer has included consideration of abreast configuration, the required row factor zone concept is used for passenger seating. flap and landing gear movement in the (see Appendix 4, Table 4–1) is 2.41. The row The resulting curtailment is determined to be development of the certified envelope. No factor is multiplied by the standard deviation 16,657 inch-pounds forward and aft. additional curtailment is necessary. and the difference between average male and (3) Variations to Fuel Density. Since the (9) Fuel consumption. The fuel vector for average female weights is added to provide loading of fuel does not significantly shift the the sample aircraft provides a small aft the additional weight consideration. In our CG for the aircraft, it is not necessary to movement that requires a ¥8,900 inch- example, the standard deviation is calculated correct for variations in fuel density (i.e., the pounds curtailment to the aft zero fuel from the National Health and Nutrition correction is negligible). weight limits to ensure the aircraft does not Examination Survey (NHANES) data as 47 (4) Fuel Movement in Flight. Fuel exceed the aft limit as fuel is burned. This pounds, and the difference between average movement has been considered by the ¥ all-male and average passenger weights is 10 manufacturer in the development of the equates to a 0.8 inch curtailment at an estimated operational empty weight of 11,000 pounds. The resulting additional weight for certified envelope, making an additional ¥ curtailment is 47 × 2.41 + 10 = 123 pounds. curtailment unnecessary. pounds with a linear transition to a 0.6 This additional weight is applied per the (5) Fluids. The sample aircraft does not inch curtailment at MZFW of 16,155 pounds. window-aisle-remaining concept for each have a lavatory and there is no catering. In this example, the 8,900 inch-pounds is the cabin zone independently and the results are (6) Baggage and Freight. The sample fuel burn deviation that would bring the summed to determine the amount of aircraft provides a baggage web in the aft aircraft outside the aft CG limit during the curtailment. In this case, the curtailment is baggage compartment, splitting the course of flight. found to be 23,791 inch-pounds forward and compartment into forward and aft sections. b. Three operational curtailments to the aft. In our example, we assume the operator is sample aircraft CG envelope are required. (b) Use of Row Count for Curtailment. making full use of this web and the These are for variations to passenger seating When using row count, the required row movement of baggage is restricted. No and passenger weight, and fuel burn-off. factor is 2.96. The row factor is multiplied by curtailment is necessary. Figure 6–1 displays the operational CG the standard deviation and the difference (7) In Flight Movement of Passengers and envelope highlighting the required between average male and average female Crew. Since there are no flight attendants and curtailments. weights is added to provide the additional no lavatories on the sample aircraft, it is BILLING CODE 4910–13–P

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c. Assuming the operator wishes to widen curtailment required for variations to envelope that makes use of actual passenger the envelope, use of actual passenger seating passenger seating. Figure 6–2 displays a CG seating. (row count) may be used to eliminate the

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d. No-Carry-On Baggage Program. This passenger weight to 184 pounds (summer) will be counted as 20 pounds/bag. Bags example assumes a no-carry-on bag program. and 189 pounds (winter). Carry-on bags checked at the ticket counter will remain at This allows consideration of reduced checked at the gate or ‘‘plane-side loaded’’ 30 pounds/bag.

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[FR Doc. 04–18905 Filed 8–18–04; 8:45 am] (ii) The accuracy of the agency’s segmented by the sex of the BILLING CODE 4910–13–C estimate of the burden of the proposed participants, their age (8–9, 10–11, 12– collection information, including the 13, 14–15), and their level of safety belt validity of the methodology and use (full time use, part time use, and DEPARTMENT OF TRANSPORTATION assumptions used; non-use). (iii) How to enhance the quality, National Highway Traffic Safety utility, and clarity of the information to Description of the Need for the Administration be collected; and Information and Proposed Use of the [Docket No. NHTSA–04–18675] (iv) How to minimize the burden of Information the collection of information on those Reports, Forms, and Record Keeping who are to respond, including the use Wearing a safety belt when riding in Requirements of appropriate automated, electronic, a motor vehicle is the single most mechanical, or other technological effective action that a person can take to AGENCY: National Highway Traffic collection techniques or other forms of prevent injury or fatality in the event of Safety Administration (NHTSA), DOT. information technology, e.g., permitting a motor vehicle crash. Research has ACTION: Request for public comment on electronic submission of responses. shown that lap/shoulder belts, when proposed collection of information. In compliance with these used, reduce the risk of fatal injury to requirements, NHTSA asks public front-seat passenger car occupants by 45 SUMMARY: Before a Federal agency can comment on the following proposed percent and the risk of moderate-to- collect certain information from the collection of information: critical injury by 50 percent. For light public, it must receive approval from the Office of Management and Budget Increasing Safety Belt Use Among truck occupants, safety belts reduce the (OMB). Under new procedures Children Ages 8–15 risk of fatal injury by 60 percent and established by the Paperwork Reduction moderate-to-critical injury by 65 Type or Request—New information percent. Act of 1995, before seeking OMB collection requirement. approval, Federal agencies must solicit OMB Clearance Number—None. While more than 90 percent of infants public comment on proposed Form Number—This collection of and toddlers use safety restraints when collections of information, including information uses no standard forms. riding in motor vehicles, the percentage extensions and reinstatements of Requested Expiration Date of drops significantly for older children. In previously approved collections. Approval—October 30, 2007. 2003, 81 percent of children ages 8–15 This document describes one Summary of the Collection of sitting in the front seat of passenger collection of information for which Information—NHTSA proposes to motor vehicles were using a safety belt NHTSA intends to seek OMB approval. conduct immersion sessions with 27 according to observation data collected DATES: Comments must be received on families and triad interviews with 288 by the National Highway Traffic Safety or before October 18, 2004. children as part of a study on safety belt Administration (NHTSA). Moreover, ADDRESSES: Direct all written comments use by children 8–15 years old. NHTSA’s Fatality Analysis Reporting Participation by respondents would be to U.S. Department of Transportation System (FARS) has consistently found voluntary. NHTSA’s information needs Dockets, 400 Seventh Street, SW., Plaza more than one-half of child fatalities in require research to reveal the best 401, Washington, DC 20590. Docket No. the 8–15 age range not using a safety NHTSA–04–18675. interventions for influencing children 8 years and older to wear safety belts at belt. FOR FURTHER INFORMATION CONTACT: Mr. all times when riding in a motor Little is currently known about the Alan Block, Contracting Officer’s vehicle. context of safety belt use and non-use by Technical Representative, Office of Immersion sessions will be conducted 8–15 year olds as occupant protection Research and Technology (NTI–131), with 27 different families: 9 African- studies have tended to focus on older or National Highway Traffic Safety American, 9 Hispanic, and 9 White. Administration, 400 Seventh Street, younger subjects. Yet encouraging safety Immersion is a research technique that belt use by 8–15 year olds will not only SW., Room 5119, Washington, DC involves ‘‘immersing’’ oneself in the 20590. help save young lives, but also help to environment of one’s research subjects establish health and safety behaviors SUPPLEMENTARY INFORMATION: Under the in order to better understand them. For that will be maintained for the rest of Paperwork Reduction Act of 1995, this project, each immersion session their lives. before an agency submits a proposed will consist of interviewing a child and collection of information to OMB for that child’s family with his/her home In order to meet the objective of approval, it must publish a document in environment over a two-hour period, increasing safety belt use among 8–15 the Federal Register providing a 60-day while at the same time observing year olds, NHTSA needs additional comment period and otherwise consult interactions among the family information from formative research to with members of the public and affected participants. assist in the development of programs, agencies concerning each proposed A total of 96 triad interviews will also message, and strategies addressing this collection of information. The OMB has be conducted, using a sample issue. If approved, results from the promulgated regulations describing independent from the immersion proposed research would be used to (a) what must be included in such a session sample. The triads will consist reveal opportunities and barriers to 8– document. Under OMB’s regulations (at of 75-minute sessions with groups of 15 year old safety belt usage; (b) identify 5 CFR 1320.8(d)), an agency must ask three children in an information strategies and interventions that will for public comment on the following: collection setting similar to that of a motivate children 8–15 years old to (i) Whether the proposed collection of focus group. One-third of the triads will wear their safety belts; and (c) reveal the information is necessary for the proper be composed of African-American most effective channels for reaching and performance of the functions of the participants, one-third by Hispanic influencing children 8–15 years old to agency, including whether the participants, and one-third by White wear their safety belts. information will have practical utility; participants. The triads will also be

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Description of the Likely Respondents and triad interviews (360) would be 549. claims non-receipt, loss, theft or (Including Estimated Number, and The respondents would not incur any destruction of a tax refund, and IRS Proposed Frequency of Response to the reporting cost for the information research shows that the refund has been Collection of Information) collection. The respondents also would issued. The information on the form is Under this proposed effort, not incur any record keeping burden or needed to clearly identify the refund to information collection would be record keeping cost from the be traced. conducted with members of the general information collection. Current Actions: There are no changes public. Businesses are ineligible for the Marilena Amoni, being made to the form at this time. study and would not be interviewed. Associate Administrator, Program Type of Review: Extension of a Immersion sessions two hours in Development and Delivery. currently approved collection. length would be conducted with each of [FR Doc. 04–19020 Filed 8–18–04; 8:45 am] 27 families meeting sample selection Affected Public: Individuals or criteria. The immersion sessions would BILLING CODE 4910–59–M households, business or other for-profit be conducted in three different organizations, and not-for-profit metropolitan areas. The families institutions. participating in the immersion sessions DEPARTMENT OF THE TREASURY Estimated Number of Respondents: would have one or more children in the 520,000. Internal Revenue Service 8–15 age range. The sample would be Estimated Time Per Response: 5 selected to include families that differ Proposed Collection; Comment minutes. on demographic factors as well as the Request for Form 3911 child’s frequency of safety belt use. Estimated Total Annual Burden Interviewing would be conducted in- AGENCY: Internal Revenue Service (IRS), Hours: 43,160. person at the home of the families. Treasury. The following paragraph applies to all Multiple family members would be ACTION: Notice and request for of the collections of information covered interviewed during the immersion comments. by this notice: session. Each participating family An agency may not conduct or member would complete one immersion SUMMARY: The Department of the sponsor, and a person is not required to session. Treasury, as part of its continuing effort respond to, a collection of information In addition, triad interviews of 75 to reduce paperwork and respondent unless the collection of information minutes in length per triad would be burden, invites the general public and displays a valid OMB control number. conducted with 288 children meeting other Federal agencies to take this Books or records relating to a collection sample selection criteria. Three children opportunity to comment on proposed of information must be retained as long would be interviewed per triad. The and/or continuing information as their contents may become material triad interviews would be conducted in collections, as required by the in the administration of any internal four metropolitan areas. The age, race Paperwork Reduction Act of 1995, revenue law. Generally, tax returns and and ethnicity, sex, and frequency of Public Law 104–13 (44 U.S.C. tax return information are confidential, safety belt use would be the same for the 3506(c)(2)(A)). Currently, the IRS is as required by 26 U.S.C. 6103. three children in any triad; but would soliciting comments concerning Form vary across triads. Each child 3911, Taxpayer Statement Regarding Request for Comments participant would complete one triad Refund. interview. Comments submitted in response to DATES: Written comments should be this notice will be summarized and/or Estimate of the Total Annual Reporting received on or before October 18, 2004 included in the request for OMB and Record Keeping Burden Resulting to be assured of consideration. approval. All comments will become a From the Collection of Information ADDRESSES: Direct all written comments matter of public record. Comments are NHTSA estimates that each to Glenn P. Kirkland, Internal Revenue invited on: (a) Whether the collection of immersion session would be two hours Service, room 6411, 1111 Constitution information is necessary for the proper in length. Family members would Avenue NW., Washington, DC 20224. performance of the functions of the participate concurrently in the FOR FURTHER INFORMATION CONTACT: agency, including whether the immersion sessions, with an average of Requests for additional information or information shall have practical utility; 3.5 participants per family. Thus the copies of the form and instructions (b) the accuracy of the agency’s estimate number of reporting burden hours a year should be directed to Carol Savage at of the burden of the collection of on the general public for the immersion Internal Revenue Service, room 6407, information; (c) ways to enhance the sessions (27 families multiplied by 3.5 1111 Constitution Avenue NW., quality, utility, and clarity of the family members multiplied by 2 hours) Washington, DC 20224, or at (202) 622– information to be collected; (d) ways to would be 189 hours for the proposed 3945, or through the Internet at minimize the burden of the collection of study. [email protected]. information on respondents, including NHTSA estimates that each triad through the use of automated collection interview would be 75 minutes in SUPPLEMENTARY INFORMATION: techniques or other forms of information length. The three members of each triad Title: Taxpayer Statement Regarding technology; and (e) estimates of capital would participate concurrently. Thus Refund. or start-up costs and costs of operation, the total number of reporting burden OMB Number: 1545–1384. maintenance, and purchase of services hours a year on the general public for Form Number: 3911. to provide information. the triad interviews (288 children Abstract: Form 3911 is used by Dated: August 13, 2004. multiplied by 1 interview multiplied by taxpayers to notify the IRS that a tax 75 minutes) would be 360 hours for the refund previously claimed has not been Carol Savage, proposed study. received. The form is normally Management and Program Analyst. The combined reporting burden hours completed by the taxpayer as the result [FR Doc. 04–19037 Filed 8–18–04; 8:45 am] a year for the immersion sessions (189) of an inquiry in which the taxpayer BILLING CODE 4830–01–P

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Reader Aids Federal Register Vol. 69, No. 160 Thursday, August 19, 2004

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

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. 10 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 72...... 50053 Proclamations: 430...... 50997 The United States Government Manual 741–6000 7805...... 51353 Proposed Rules: Other Services Executive Orders: 50...... 46452 13222 (See Notice of 741–6020 72...... 50089 Electronic and on-line services (voice) August 6, 2004) ...... 48763 431...... 47486 Privacy Act Compilation 741–6064 13334 (See EO Public Laws Update Service (numbers, dates, etc.) 741–6043 13351) ...... 50047 12 CFR TTY for the deaf-and-hard-of-hearing 741–6086 13351...... 50047 5...... 50293 Administrative Orders: 32...... 51355 ELECTRONIC RESEARCH Notices: 201...... 51001 World Wide Web Notice of August 6, 226...... 50298 2004 ...... 48763 Full text of the daily Federal Register, CFR and other publications 229...... 47290 Presidential 563e...... 51155 is located at: http://www.gpoaccess.gov/nara/index.html Determinations: Proposed Rules: Federal Register information and research tools, including Public No. 2004–40 of July 607...... 47984 Inspection List, indexes, and links to GPO Access are located at: 21, 2004 ...... 46399 614...... 47984 http://www.archives.gov/federallregister/ No. 2004–41 of August 615...... 47984 6, 2004 ...... 50049 E-mail 620...... 47984 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 5 CFR an open e-mail service that provides subscribers with a digital 14 CFR form of the Federal Register Table of Contents. The digital form 531...... 47353 23...... 47354 of the Federal Register Table of Contents includes HTML and 831...... 50265 39 ...... 46979, 47763, 48129, PDF links to the full text of each document. 842...... 50265 48131, 48133, 48135, 48138, To join or leave, go to http://listserv.access.gpo.gov and select 7 CFR 48359, 48361, 48363, 48365, 48366, 48368, 49957, 50056, Online mailing list archives, FEDREGTOC-L, Join or leave the list 301...... 50995, 50996 (orchange settings); then follow the instructions. 50299, 50445, 51002, 51358 400...... 48652 71 ...... 47357, 48141, 48142, PENS (Public Law Electronic Notification Service) is an e-mail 402...... 48652 48143, 48144, 48765, 48766 service that notifies subscribers of recently enacted laws. 407...... 48652 73...... 47358 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 457...... 48652 91...... 51162 and select Join or leave the list (or change settings); then follow 905 ...... 50265, 50269, 50275 97...... 48144 the instructions. 916...... 50278 Proposed Rules: 917...... 50278 25...... 50240 FEDREGTOC-L and PENS are mailing lists only. We cannot 925...... 50283 respond to specific inquiries. 39 ...... 46456, 47028, 47031, 956...... 50286 47035, 47038, 47040, 47041, Reference questions. Send questions and comments about the 989...... 50289 47388, 47391, 47393, 47802, Federal Register system to: [email protected] 1435...... 48765 47804, 47806, 47808, 47811, The Federal Register staff cannot interpret specific documents or Proposed Rules: 47814, 48424, 48426, 49829, regulations. 304...... 49824 50341, 50344, 50346, 51015, 457...... 48166 51017, 51196, 51198, 51200, 927...... 50334 FEDERAL REGISTER PAGES AND DATE, AUGUST 51203, 51206, 51402 933...... 50337 71...... 48826, 51019 46095–46398...... 2 987...... 50339 121...... 50090, 50350 46399–46978...... 3 1775...... 48174 125...... 50090 1777...... 48174 46979–47352...... 4 129...... 50350 1778...... 48174 135...... 50090, 50350 47353–47762...... 5 1780...... 48174 47763–48128...... 6 1942...... 48174 15 CFR 48129–48358...... 9 3570...... 48174 4...... 49783 48359–48764...... 10 4274...... 48174 801...... 50062 48765–49782...... 11 8 CFR Proposed Rules: 49783–50048...... 12 806...... 51020 50049–50264...... 13 235...... 50051 50265–50994...... 16 274a...... 47763 16 CFR 50995–51154...... 17 Proposed Rules: 9 CFR 51155–51354...... 18 316...... 50091 51355–51546...... 19 93...... 49783 Proposed Rules: 17 CFR 327...... 50086, 51194 1...... 49784 381...... 51194 30...... 49800

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232...... 49803 30 CFR 51215, 51404 47 CFR 63...... 47049, 48338 239...... 48370, 49805 917...... 48776 0...... 46438 72...... 47828 240...... 48008 1 ...... 46438, 47788, 47790 Proposed Rules: 73...... 47828 241...... 48008 950...... 51026 2...... 46438, 48157 242...... 48008 74...... 47828 77...... 47828 25...... 47790, 48157 249...... 48370 31 CFR 73 ...... 46447, 47385, 47795, 274...... 49805 78...... 47828 351...... 50307 80...... 48827 49818, 51009, 51389, 51390 18 CFR 359...... 50307 81...... 47399, 48835 74...... 48157 363...... 50307 90...... 46438, 48157 358...... 48371 96...... 47828 95...... 46438 388...... 48386 Proposed Rules: 156...... 50014 538...... 48183 101...... 48157 Proposed Rules: 165...... 50014 550...... 48183 Proposed Rules: 35...... 51024 180...... 47051 560...... 48183 300 ...... 47068, 47072, 48187, 1...... 48188, 51028 19 CFR 48434, 50015 2 ...... 46462, 48192, 51028 32 CFR 20...... 48440 101...... 50064 519...... 47766 42 CFR 25...... 48192 123...... 51007 Proposed Rules: 403...... 48916 63...... 48188 Proposed Rules: 199...... 48433 412...... 48916 64...... 48188 101...... 50107 322...... 48183 413...... 48916 69...... 50141 20 CFR 418...... 48916 73 ...... 46474, 46476, 47399, 33 CFR 460...... 48916 48443, 50146, 51034, 51414, 429...... 48767 100 ...... 46994, 46996, 49811 480...... 48916 51415 Proposed Rules: 104...... 51176 482...... 48916 80...... 48440 603...... 50022 105...... 51176 483...... 48916 90...... 46462 21 CFR 117 ...... 46998, 47771, 48394, 485...... 48916 97...... 51028 48395, 49812 489...... 48916 1...... 47765, 48774 160...... 51176 Proposed Rules: 48 CFR 5...... 48774 165 ...... 48787, 48790, 49813, 403...... 46632 17...... 49807 49816 405...... 47488 Proposed Rules: 26...... 48774 Proposed Rules: 410...... 47488, 50448 228...... 48444 203...... 48774 117...... 47045 411 ...... 46632, 47488, 50448 229...... 48445 207...... 48774 165...... 47047 414...... 47488 1835...... 49845 310...... 51362 417...... 46632, 46866 1852...... 49845 314...... 48774 36 CFR 418...... 47488 510...... 47360, 47361 242...... 46999 419...... 50448 49 CFR 514...... 51162 422...... 46866 520 ...... 48774, 49808, 51171 Proposed Rules: 1...... 51009 7...... 49841 423...... 46632 522...... 47361, 47362 424...... 47488 192...... 48400 524 ...... 47361, 47363, 48391 37 CFR 484...... 47488 195...... 48400 558...... 51172, 51173 486...... 47488 375...... 47386 878...... 48146 1...... 49960 383...... 51391 2...... 51362 44 CFR 571 ...... 48805, 48818, 51188, 22 CFR 5...... 49960 64...... 46435 51393, 51399 10...... 49960 Proposed Rules: 65 ...... 47780, 47786, 50312, 573...... 49819, 50077 11...... 49960 211...... 51404 50318, 50320, 50321, 51373, 574...... 51399 41...... 49960 577...... 49819 26 CFR 51375, 51380 Proposed Rules: 67 ...... 46436, 46437, 50324, 579...... 49822 1 ...... 46401, 46982, 47364, 202...... 47396 50325, 50331, 50332, 51382, 586...... 51393 48392, 50065, 50067, 50069, 38 CFR 51388 Proposed Rules: 50302, 51175 Proposed Rules: 171 ...... 47074, 49846, 50976 14a...... 46401 3...... 46426, 48148 67 ...... 47830, 47831, 47832, 172 ...... 47074, 49846, 50976 40...... 48393 Proposed Rules: 50351, 50357, 51405, 51406 173 ...... 47074, 49846, 50976 49...... 48393 17...... 48184 175...... 47074 301...... 49809 45 CFR 178...... 47074, 49846 39 CFR 602...... 46982 Proposed Rules: 179...... 49846 Proposed Rules: 601...... 51364 Ch. IX...... 48435 180...... 49846 1 ...... 47043, 47395, 47816, 2510...... 50122 571...... 47075 47822, 48428, 48429, 48431, 40 CFR 2520...... 50122 49832, 49836, 49957, 50108, 9...... 47210 2521...... 50122 50 CFR 50109, 50112, 51025, 51026, 52 ...... 47365, 47366, 47773, 2522...... 50122 51208, 51209 48150, 48395, 50071, 50073, 2540...... 50122 17 ...... 47212, 47330, 48115 40...... 48432 51181, 51368, 51371 2550...... 50122 20...... 48163 49...... 48432 63...... 47001, 51184 100...... 46999 301...... 49840 81 ...... 47366, 48792, 50073 46 CFR 229...... 48407 112...... 48794 71...... 47378 402...... 47732 28 CFR 122...... 47210 114...... 47378 635...... 47797, 51010 Proposed Rules: 123...... 47210 115...... 47378 648...... 47798, 51191 570...... 51213 124...... 47210 125...... 47378 660 ...... 46448, 51012, 51400 125...... 47210 126...... 47378 679 ...... 46451, 47025, 47026, 29 CFR 180 ...... 47005, 47013, 47022, 167...... 47378 51013, 51014, 51191 1910...... 46986 48799, 50074 169...... 47378 Proposed Rules: 4022...... 50070 300 ...... 47377, 48153, 48398 175...... 47378 17 ...... 47834, 48102, 48570, 4044...... 50070 Proposed Rules: 176...... 47378 50147, 51217, 51416, 51417 Proposed Rules: 51...... 47828 Proposed Rules: 20...... 51036 1210...... 48177 52 ...... 47399, 48186, 48434, 66...... 49844 635...... 49858

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REMINDERS TRANSPORTATION comments due by 8-24- promulgation; various The items in this list were DEPARTMENT 04; published 6-25-04 [FR States; air quality planning editorially compiled as an aid Federal Aviation 04-14341] purposes; designation of to Federal Register users. Administration Firefighting services areas: Inclusion or exclusion from Airworthiness directives: contracts; comments due Alaska; comments due by this list has no legal Airbus; published 8-4-04 by 8-24-04; published 6- 8-26-04; published 7-27- significance. 25-04 [FR 04-14338] 04 [FR 04-17061] TREASURY DEPARTMENT Payment and billing Air quality implementation Comptroller of the Currency instructions; comments plans; approval and RULES GOING INTO Lending limits: due by 8-24-04; published promulgation; various EFFECT AUGUST 19, Residential real estate and 6-25-04 [FR 04-14335] States: 2004 small business loans; pilot Polyacrylonitrile carbon fiber; California; comments due by program; published 8-19- restriction to domestic 8-23-04; published 7-23- AGRICULTURE 04 sources; comments due 04 [FR 04-16566] by 8-24-04; published 6- DEPARTMENT Illinois; comments due by 8- 25-04 [FR 04-14339] Animal and Plant Health COMMENTS DUE NEXT 27-04; published 7-28-04 Small Business Inspection Service [FR 04-17165] WEEK Competitiveness Environmental statements; Exportation and importation of Demonstration Program; availability, etc.: animals and animal AGRICULTURE comments due by 8-24- products: DEPARTMENT 04; published 6-25-04 [FR Coastal nonpoint pollution Tuberculosis in cattle; import Agricultural Marketing 04-14340] control program— requirements; published 7- Service DEFENSE DEPARTMENT Minnesota and Texas; 20-04 Cotton classing, testing and Engineers Corps Open for comments COMMERCE DEPARTMENT standards: until further notice; Danger zones and restricted published 10-16-03 [FR National Oceanic and Classification services to areas: 03-26087] Atmospheric Administration growers; 2004 user fees; Fort Knox, KY; Salt River, Hazardous waste program Marine mammals: Open for comments until Rolling Fork River, and authorizations: Commercial fishing further notice; published Otter Creek; U.S. Army authorizations— 5-28-04 [FR 04-12138] Garrison, Fort Knox Maryland; comments due by 8-25-04; published 7-26- Zero Mortality Rate Goal; AGRICULTURE Military Reservation; 04 [FR 04-16943] implementation; DEPARTMENT comments due by 8-26- published 7-20-04 Commodity Credit 04; published 7-27-04 [FR Pesticides; tolerances in food, Corporation 04-16922] animal feeds, and raw ENVIRONMENTAL agricultural commodities: PROTECTION AGENCY Cherries (tart) grown in— ENERGY DEPARTMENT C8, C10, and C12 straight- Michigan et al.; comments Energy Efficiency and Air pollutants, hazardous; chain fatty acid due by 8-23-04; published Renewable Energy Office national emission standards: monoesters of glycerol Asbestos; published 7-20-04 6-22-04 [FR 04-14062] Consumer products; energy conservation program: and propylene glycol; COMMERCE DEPARTMENT comments due by 8-23- HEALTH AND HUMAN Energy conservation SERVICES DEPARTMENT National Oceanic and 04; published 6-23-04 [FR Atmospheric Administration standards—- 04-14222] Food and Drug Commercial packaged Fishery conservation and Lactic acid, n-butyl ester, Administration boilers; test procedures management: (S); comments due by 8- Human drugs: and efficiency 23-04; published 6-23-04 Skin protectant products West Coast States and standards; Open for [FR 04-14221] (OTC)— Western Pacific comments until further fisheries— Superfund program: Astringent products; final notice; published 12-30- monograph; published American Samoa pelagic 99 [FR 04-17730] National oil and hazardous 8-19-04 longline fishery; limited ENERGY DEPARTMENT substances contingency access permit program; plan— Federal Energy Regulatory HOUSING AND URBAN comments due by 8-23- Commission National priorities list DEVELOPMENT 04; published 6-23-04 DEPARTMENT Electric rate and corporate update; comments due [FR 04-14241] by 8-25-04; published Mortgage and loan insurance regulation filings: COMMODITY FUTURES 7-26-04 [FR 04-16726] programs: Virginia Electric & Power TRADING COMMISSION National priorities list Single family mortgage Co. et al.; Open for Confidential information and update; comments due insurance— comments until further commission records and notice; published 10-1-03 by 8-25-04; published Appraisals; lender information; comments due 7-26-04 [FR 04-16727] accountability; published [FR 03-24818] by 8-27-04; published 7-28- Water pollution; effluent 7-20-04 04 [FR 04-17051] ENVIRONMENTAL PROTECTION AGENCY guidelines for point source POSTAL SERVICE categories: COURT SERVICES AND Air programs: Purchasing Manual: OFFENDER SUPERVISION Meat and poultry products Ambient air quality AGENCY FOR THE processing facilities; Open Issue 3; availability; standards, national— published 8-19-04 DISTRICT OF COLUMBIA for comments until further Fine particulate matter Semi-annual agenda; Open for notice; published 12-30-99 SECURITIES AND and ozone; interstate comments until further [FR 04-12017] EXCHANGE COMMISSION transport control notice; published 12-22-03 Securities, etc.: measures; comments FEDERAL [FR 03-25121] COMMUNICATIONS International Securities due by 8-27-04; COMMISSION Exchange, Inc.; options DEFENSE DEPARTMENT published 8-6-04 [FR designated as covered Acquisition regulations: 04-18029] Common carrier services: securities; published 7-20- Construction and architect- Air quality implementation Federal-State Joint Board 04 engineer services; plans; approval and on Universal Service—

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Lifeline and Link-Up Migratory bird hunting: NUCLEAR REGULATORY Certification issues; vehicles Program; comments Federal Indian reservations, COMMISSION built in two or more due by 8-23-04; off-reservation trust lands, Environmental statements; stages; comments due by published 6-22-04 [FR and ceded lands; availability, etc.: 8-27-04; published 6-28- 04-13997] comments due by 8-27- Fort Wayne State 04 [FR 04-14564] Radio and television 04; published 8-17-04 [FR Developmental Center; TRANSPORTATION broadcasting: 04-18755] Open for comments until DEPARTMENT Program recordings; INTERIOR DEPARTMENT further notice; published Research and Special broadcasters retention Minerals Management 5-10-04 [FR 04-10516] Programs Administration requirements; comments Service SMALL BUSINESS Hazardous materials: ADMINISTRATION due by 8-27-04; published Outer Continental Shelf; oil, Transportation— 7-30-04 [FR 04-17428] Disaster loan areas: gas, and sulphur operations: Harmonization with UN Maine; Open for comments Radio broadcasting: Minimum blowout prevention recommendations, until further notice; Broadcast and cable EEO system requirements for International Maritime published 2-17-04 [FR 04- rules and policies— well-workover operations Dangerous Goods 03374] Revision; comments due using coiled tubing with Code, and International by 8-23-04; published production tree in place; OFFICE OF UNITED STATES Civil Aviation 6-23-04 [FR 04-14120] comments due by 8-23- TRADE REPRESENTATIVE Organization’s technical 04; published 6-22-04 [FR Trade Representative, Office instructions; comments HEALTH AND HUMAN 04-13943] of United States SERVICES DEPARTMENT due by 8-23-04; JUSTICE DEPARTMENT Generalized System of published 6-22-04 [FR Centers for Medicare & Preferences: 04-12411] Medicaid Services Child Protection Restoration and Penalties Enhancement 2003 Annual Product Pipeline safety: Medicare: Act of 1990 and Protect Review, 2002 Annual Hazardous liquid and gas Health care provider Act; record-keeping and Country Practices Review, pipeline operators public reimbursement record inspection provisions: and previously deferred education programs; determinations and Depiction of sexually explicit product decisions; comments due by 8-23- appeals; comments due performances; inspection petitions disposition; Open 04; published 6-24-04 [FR by 8-24-04; published 6- of records; comments due for comments until further 04-12993] 25-04 [FR 04-13246] notice; published 7-6-04 by 8-24-04; published 6- TREASURY DEPARTMENT HEALTH AND HUMAN 25-04 [FR 04-13792] [FR 04-15361] Internal Revenue Service SERVICES DEPARTMENT Executive Office for TRANSPORTATION Income taxes: Food and Drug Immigration Review: DEPARTMENT Administration Definitions; fees; powers Federal Aviation Foreign tax expenditures; Administration partner’s distributive Color additives: and authority of Airworthiness directives: share; cross-reference; D&C Black No. 2; cosmetics Department of Homeland BAE Systems (Operations) comments due by 8-24- coloring; comments due Security officers and Ltd.; comments due by 8- 04; published 4-21-04 [FR by 8-27-04; published 7- employees in removal 25-04; published 7-26-04 04-08705] 28-04 [FR 04-17153] proceedings; comments due by 8-27-04; published [FR 04-16917] Reports and guidance 7-28-04 [FR 04-17118] Bell Helicopter Textron documents; availability, etc.: LIST OF PUBLIC LAWS LABOR DEPARTMENT Canada; comments due Evaluating safety of by 8-23-04; published 6- Mine Safety and Health This is a continuing list of antimicrobial new animal 24-04 [FR 04-14315] Administration public bills from the current drugs with regard to their Boeing; comments due by Coal mine safety and health: session of Congress which microbiological effects on 8-23-04; published 7-8-04 bacteria of human health Underground mines— have become Federal laws. It [FR 04-15518] may be used in conjunction concern; Open for Low- and medium-voltage Bombardier; comments due comments until further diesel-powered with ‘‘PLUS’’ (Public Laws by 8-23-04; published 6- Update Service) on 202–741– notice; published 10-27-03 generators; use as 24-04 [FR 04-13915] alternative means of 6043. This list is also [FR 03-27113] Lockheed; comments due powering electrical available online at http:// HOMELAND SECURITY by 8-23-04; published 7-7- equipment; comments www.archives.gov/ DEPARTMENT 04 [FR 04-15381] due by 8-24-04; federal—register/public—laws/ McDonnell Douglas; Coast Guard published 6-25-04 [FR public—laws.html. Anchorage regulations: 04-14400] comments due by 8-23- 04; published 7-8-04 [FR The text of laws is not Maryland; Open for LABOR DEPARTMENT 04-15519] published in the Federal comments until further Occupational Safety and Rolls-Royce (1971) Ltd.; Register but may be ordered notice; published 1-14-04 Health Administration in ‘‘slip law’’ (individual [FR 04-00749] comments due by 8-23- Safety and health standards, 04; published 6-22-04 [FR pamphlet) form from the INTERIOR DEPARTMENT etc.: 04-14051] Superintendent of Documents, U.S. Government Printing Fish and Wildlife Service Personal protective Short Brothers; comments Office, Washington, DC 20402 Endangered and threatened equipment; employer due by 8-23-04; published (phone, 202–512–1808). The species: payment; comments due 7-22-04 [FR 04-16682] text will also be made by 8-23-04; published 7-8- Class E airspace; comments Critical habitat available on the Internet from 04 [FR 04-15525] due by 8-23-04; published designations— GPO Access at http:// 7-8-04 [FR 04-15553] Bull trout; Jarbridge River, NATIONAL LABOR www.gpoaccess.gov/plaws/ Coastal-Puget Sound, RELATIONS BOARD TRANSPORTATION index.html. Some laws may and Saint Mary-Belly Practice and procedure: DEPARTMENT not yet be available. River populations; Consent-election National Highway Traffic comments due by 8-24- agreements; comments Safety Administration H.R. 4842/P.L. 108–302 04; published 6-25-04 due by 8-26-04; published Motor vehicle safety United States-Morocco Free [FR 04-14014] 7-27-04 [FR 04-17095] standards: Trade Agreement

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Implementation Act (Aug. 17, enacted public laws. To PENS cannot respond to 2004; 118 Stat. 1103) subscribe, go to http:// specific inquiries sent to this Public Laws Electronic listserv.gsa.gov/archives/ address. Last List August 12, 2004 Notification Service publaws-l.html (PENS) Note: This service is strictly for E-mail notification of new PENS is a free electronic mail laws. The text of laws is not notification service of newly available through this service.

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