12–22–03 Vol. 68 No. 245 Monday Dec. 22, 2003 Book 1 of 4 Books

12–22–03 Monday Vol. 68 No. 245 Dec. 22, 2003 Book 1 of 4 Books Pages 70995–72396

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1 II Federal Register / Vol. 68, No. 245 / Monday, December 22, 2003

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2 III

Contents Federal Register Vol. 68, No. 245

Monday, December 22, 2003

Advisory Council on Historic Preservation See International Trade Administration See Historic Preservation, Advisory Council See National Oceanic and Atmospheric Administration See Patent and Trademark Office Agency for International Development PROPOSED RULES PROPOSED RULES Semi-annual agenda, 72709–72796 Semi-annual agenda, 73517–73521 Committee for the Implementation of Textile Agreements Agricultural Marketing Service NOTICES PROPOSED RULES Cotton, wool, and man-made textiles: Country of origin labeling: India, 71096 Beef, lamb, pork, fish, perishable agricultural Textile and apparel categories: commodities, and peanuts; mandatory labeling, Illegal transshipment; entry denial— 71039–71040 El Salvador; Daewoo El Salvador, S.A. de C.V., 71096– 71097 Agriculture Department See Agricultural Marketing Service Commodity Futures Trading Commission PROPOSED RULES PROPOSED RULES Semi-annual agenda, 72619–72708 Semi-annual agenda, 73853–73859

Alcohol, Tobacco, Firearms, and Explosives Bureau Consumer Product Safety Commission NOTICES PROPOSED RULES Agency information collection activities; proposals, Semi-annual agenda, 73861–73871 submissions, and approvals, 71132 Copyright Office, Library of Congress Architectural and Transportation Barriers Compliance NOTICES Board Copyright Office seal, 71171 PROPOSED RULES Semi-annual agenda, 73523–73525 Corporation for National and Community Service PROPOSED RULES Arts and Humanities, National Foundation Semi-annual agenda, 73529–73532 See National Foundation on the Arts and the Humanities Court Services and Offender Supervision Agency for the Bonneville Power Administration District of Columbia NOTICES PROPOSED RULES Environmental statements; notice of intent: Semi-annual agenda, 73535–73537 Transmission business line comprehensive policy, 71101–71102 Customs and Border Protection Bureau NOTICES Centers for Disease Control and Prevention Agency information collection activities; proposals, NOTICES submissions, and approvals, 71119–71120 Agency information collection activities; proposals, submissions, and approvals, 71109–71110 Defense Department Meetings: PROPOSED RULES Advisory Committee to Director, 71110 Semi-annual agenda, 72797–72832, 73839–73851

Civil Rights Commission Education Department PROPOSED RULES PROPOSED RULES Semi-annual agenda, 73527–73528 Semi-annual agenda, 72833–72839 NOTICES Coast Guard Grants and cooperative agreements; availability, etc.: RULES Small Business Innovation Research Program, 71097– Anchorage regulations: 71099 Delaware Bay and River, PA and NJ, 70995–70996 Special education and rehabilitative services: NOTICES Blind vending facilities under Randolph-Sheppard Act— Reports and guidance documents; availability, etc.: Arbitration panel decisions, 71099–71100 Maritime Security Directives, 71116–71118 Vessel documentation and measurement: Employment and Training Administration Vessel tonnage regulations interpretations, 71118–71119 NOTICES Adjustment assistance: Commerce Department Aaden Aaberg Setnet Operation, 71133 See Foreign-Trade Zones Board Alcatel, 71133 See Industry and Security Bureau Avery Dennison, 71133

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Derby Industries, LLC et al., 71133–71134 NOTICES Fishing Vessels— Meetings: DARLIN MICHELE, 71134 2007 World Radiocommunication Conference Advisory G&R Transport, 71134 Committee; first meeting, 71106 Halliburton Energy Services, 71134–71135 Learjet, Inc., 71135 Federal Deposit Insurance Corporation Millennium A.R. Haire, 71135 PROPOSED RULES P&R Trucking Services, Inc., 71135 Semi-annual agenda, 73937–73943 Perry Judd’s, 71135 NOTICES Twitchell Corp., 71135 Privacy Act: Washout Co., 71135 Systems of records, 71106–71108

Energy Department Federal Emergency Management Agency See Bonneville Power Administration NOTICES See Federal Energy Regulatory Commission Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 71120 Semi-annual agenda, 72841–72859 Meetings: NOTICES National Fire Academy Board of Visitors, 71120–71121 Natural Gas Policy Act: Total Gas & Power North America, Inc. et al., 71100– Federal Energy Regulatory Commission 71101 PROPOSED RULES Semi-annual agenda, 73945–73951 Environmental Protection Agency NOTICES RULES Electric rate and corporate regulation filings: Air quality implementation plans: Conemaugh Power LLC, et al., 71102–71105 Preparation, adoption, and submittal— Regional haze rule; Western States and eligible Indian Federal Housing Enterprise Oversight Office Tribes; mobile source provisions, 71009–71014 PROPOSED RULES Water pollution; effluent guidelines for point source Semi-annual agenda, 73751–73753 categories: Centralized waste treatment industry, 71014–71026 Federal Housing Finance Board PROPOSED RULES PROPOSED RULES Semi-annual agenda, 73539–73692 Semi-annual agenda, 73953–73956 NOTICES Meetings: Federal Maritime Commission National Pollution Prevention and Toxics Advisory Committee, 71105 PROPOSED RULES Semi-annual agenda, 73957–73962 Superfund; response and remedial actions, proposed settlements, etc.: Lagoon Drive Chemical Removal Site, CA, 71105–71106 Federal Mediation and Conciliation Service PROPOSED RULES Equal Employment Opportunity Commission Semi-annual agenda, 73697–73699 PROPOSED RULES Semi-annual agenda, 73693–73695 Federal Reserve System PROPOSED RULES Farm Credit Administration Semi-annual agenda, 73963–73972 PROPOSED RULES NOTICES Semi-annual agenda, 73873–73880 Agency information collection activities; proposals, submissions, and approvals, 71108–71109 Farm Credit System Insurance Corporation Banks and bank holding companies: PROPOSED RULES Formations, acquisitions, and mergers, 71109 Semi-annual agenda, 73881–73882 Federal Trade Commission Federal Aviation Administration PROPOSED RULES PROPOSED RULES Semi-annual agenda, 73973–73982 Airworthiness directives: Airbus, 71045–71047 Fish and Wildlife Service Boeing, 71047–71053 NOTICES McDonnell Douglas, 71040–71045 Comprehensive conservation plans; availability, etc.: Class E airspace, 71053–71054 Alamosa and Monte Vista National Wildlife Refuge NOTICES Complex, CO, 71126–71128 Aeronautical land-use assurance; waivers: Endangered and threatened species: Gerald R. Ford International Airport, MI, 71219–71220 Recovery plans— Exemption petitions; summary and disposition, 71220 Alala (Hawaiian crow), 71128–71129 Environmental statements; availability, etc.: Federal Communications Commission Incidental take permits— PROPOSED RULES Palm Beach County, FL; Florida scrub-jay, 71129– Semi-annual agenda, 73883–73935 71131

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Foreign-Trade Zones Board Interior Department NOTICES See Fish and Wildlife Service Applications, hearings, determinations, etc.: See Indian Affairs Bureau Minnesota See National Indian Gaming Commission Wirsbo Co. Plant; polyethylene tubing, 71060 PROPOSED RULES Semi-annual agenda, 73077–73150 General Services Administration NOTICES RULES Grants and cooperative agreements; availability, etc.: Federal travel: Tribal Self-Governance Program eTravel service, 71026–71032 Programs eligible for inclusion in 2004 FY annual PROPOSED RULES funding agreements; non-BIA bureaus, 71122– Semi-annual agenda, 73701–73713, 73839–73851 71126 Meetings: Government Ethics Office Blackstone River Valley National Heritage Corridor PROPOSED RULES Commission, 71126 Semi-annual agenda, 73755–73763 Internal Revenue Service Health and Human Services Department PROPOSED RULES See Centers for Disease Control and Prevention Income taxes: See Health Resources and Services Administration Charitable remainder trusts; ordering rule application See National Institutes of Health Correction, 71235 PROPOSED RULES Semi-annual agenda, 72861–72920 International Trade Administration NOTICES Health Resources and Services Administration Antidumping: NOTICES Canned pineapple fruit from— Agency information collection activities; proposals, Thailand, 71061–71062 submissions, and approvals, 71110–71114 Non-frozen apple juice concentrate from— Meetings: China, 71062–71067 National Health Service Corps Advisory Council, 71114 Steel concrete reinforcing bars from— Korea, 71067 Historic Preservation, Advisory Council Latvia, 71067–71068 PROPOSED RULES Wax and wax/resin thermal transfer ribbons from— Semi-annual agenda, 73515–73516 France, 71068–71072 Wax and wax/resin thermal transfer ribbons from— Homeland Security Department Japan, 71072–71078 See Coast Guard Korea, 71078–71082 See Customs and Border Protection Bureau See Federal Emergency Management Agency International Trade Commission PROPOSED RULES NOTICES Semi-annual agenda, 72921–73041 Meetings; Sunshine Act, 71132 NOTICES Committees; establishment, renewal, termination, etc.: Justice Department Homeland Security Science and Technology Advisory See Alcohol, Tobacco, Firearms, and Explosives Bureau Committee, 71115–71116 PROPOSED RULES Semi-annual agenda, 73151–73194 Housing and Urban Development Department See Federal Housing Enterprise Oversight Office Labor Department PROPOSED RULES See Employment and Training Administration Semi-annual agenda, 73045–73075 See Veterans Employment and Training Service NOTICES PROPOSED RULES Agency information collection activities; proposals, Semi-annual agenda, 73195–73228 submissions, and approvals, 71121–71122 America’s Affordable Communities Intitiative: Library of Congress Funding allocations; removal of regulatory barriers; See Copyright Office, Library of Congress incentive criteria proposals, 71122 Management and Budget Office Indian Affairs Bureau PROPOSED RULES NOTICES Semi-annual agenda, 73765–73768 Land acquisitions into trust: Skokomish Tribe of Washington, 71131 Morris K. Udall Scholarship and Excellence in National Tribal-State Compacts approval; Class III (casino) gambling: Environmental Policy Foundation Santa Ysabel Band of Diegueno Mission Indians and La PROPOSED RULES Posta Band of Mission Indians, CA, 71131–71132 Semi-annual agenda, 73715–73716

Industry and Security Bureau National Aeronautics and Space Administration NOTICES PROPOSED RULES Export privileges, actions affecting: Acquisition regulations: ABO (USA) Inc., 71060–71061 Administrative procedures and guidance, 71055–71057

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Semi-annual agenda, 73717–73727, 73839–73851 Nuclear Regulatory Commission PROPOSED RULES National Archives and Records Administration Semi-annual agenda, 73999–74014 PROPOSED RULES NOTICES Semi-annual agenda, 73729–73735 Environmental statements; availability, etc.: Calvert Cliffs Nuclear Power Plant, Inc., 71172–71173 National Credit Union Administration Exelon Generation Co., LLC, et al., 71173–71174 PROPOSED RULES Environmental statements; notice of intent: Semi-annual agenda, 73983–73991 Entergy Operations, Inc., 71174–71175 Meetings: National Foundation on the Arts and the Humanities Reactor Safeguards Advisory Committee, 71176 PROPOSED RULES Applications, hearings, determinations, etc.: Semi-annual agenda: Homestake Mining Co., 71171–71172 Institute of Museum and Library Services, 73737–73739 U.S. Army, Jefferson Proving Ground, IN, 71172 National Endowment for the Arts, 73741–73743 National Foundation for the Humanities, 73745–73747 Office of Federal Housing Enterprise Oversight National Highway Traffic Safety Administration See Federal Housing Enterprise Oversight Office PROPOSED RULES Motor vehicle safety standards; exemption petitions, etc.: Patent and Trademark Office Side impact protection— RULES travel distance of loading device in quasi-static door Patent cases: crush test; petition denied, 71057–71058 Inter partes reexamination and technical amendments, NOTICES 70996–71009 Motor vehicle safety standards: Nonconforming vehicles— Peace Corps Importation eligibility; determinations, 71220–71222 PROPOSED RULES Motor vehicle safety standards; exemption petitions, etc.: Organization, functions, and authority delegations, 71054– Michelin North America, Inc., 71222–71223 71055 Semi-annual agenda, 73793–73796 National Indian Gaming Commission PROPOSED RULES Pension Benefit Guaranty Corporation Semi-annual agenda, 73993–73997 PROPOSED RULES Semi-annual agenda, 73797–73799 National Institutes of Health NOTICES Personnel Management Office Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 71114–71115 Semi-annual agenda, 73769–73791 Patent licenses; non-exclusive, exclusive, or partially NOTICES exclusive: Excepted service: Actis Biologics, Inc., 71115 Schedules A, B, and C; positions placed or revoked— Consolidated list, 71176–71207 National Oceanic and Atmospheric Administration RULES Presidio Trust Fishery conservation and management: PROPOSED RULES Alaska; fisheries of Exclusive Economic Zone— Semi-annual agenda, 73801–73802 North Pacific halibut and sablefish program, 71036– 71038 Railroad Retirement Board Northeastern United States fisheries— Atlantic surfclams, ocean quahogs, and Maine PROPOSED RULES mahogany ocean quahogs, 71033–71036 Semi-annual agenda, 73803–73806 Northeast multispecies, 71032–71033 PROPOSED RULES Regulatory Information Service Center Fishery conservation and management: PROPOSED RULES Caribbean, Gulf, and South Atlantic fisheries— Introduction to Regulatory Plan and Unified Agenda of Gulf of Mexico Fishery Management Council; meetings, Federal Regulatory and Deregulatory Actions, 72399– 71058–71059 72406 NOTICES Fishery conservation and management: Securities and Exchange Commission Magnuson-Stevens Act provisions— PROPOSED RULES Bearing Sea/Aleutian Islands king and tanner crabs; Semi-annual agenda, 74015–74038 fishing capacity reduction program, 71082–71093 NOTICES Meetings: Self-regulatory organizations; proposed rule changes: Gulf of Mexico Fishery Management Council, 71093– National Association of Securities Dealers, Inc., 71207– 71096 71209 National Science Foundation Selective Service System PROPOSED RULES PROPOSED RULES Semi-annual agenda, 73749–73750 Semi-annual agenda, 73807–73808

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Small Business Administration Certificates of public convenience and necessity and PROPOSED RULES foreign air carrier permits; weekly applications, Semi-annual agenda, 73809–73818 71218–71219 NOTICES Disaster loan areas: Virgin Islands, 71209 Treasury Department Small business size standards: See Internal Revenue Service Nonmanufacturer rule; waivers— PROPOSED RULES Ammunition (except small arms); termination, 71209– Semi-annual agenda, 73361–73490 NOTICES 71210 Reports and guidance documents; availability, etc.: Small arms; termination, 71209 National origin discrimination as it affects limited Social Security Administration English proficient persons; prohibition; policy PROPOSED RULES guidance to Federal financial assistance recipients, Semi-annual agenda, 73819–73836 71224–71234 NOTICES Privacy Act: Veterans Affairs Department Systems of records, 71210–71217 PROPOSED RULES Semi-annual agenda, 73491–73513 State Department PROPOSED RULES Semi-annual agenda, 73229–73234 Veterans Employment and Training Service NOTICES Surface Transportation Board Grants and cooperative agreements; availability, etc.: PROPOSED RULES Incarcerated Veterans Transition Program, 71136–71171 Semi-annual agenda, 74039–74042 NOTICES Railroad services abandonment: Pine Belt Southern Railroad Co., 71223–71224 Separate Parts in This Issue Tennessee Valley Authority PROPOSED RULES Parts II-LXIII Semi-annual agenda, 73837–73838 The Unified Agenda of Federal Regulatory and Deregulatory Actions, 72397–74159 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Reader Aids Transportation Department Consult the Reader Aids section at the end of this issue for See Federal Aviation Administration phone numbers, online resources, finding aids, reminders, See National Highway Traffic Safety Administration and notice of recently enacted public laws. See Surface Transportation Board PROPOSED RULES To subscribe to the Federal Register Table of Contents Semi-annual agenda, 73235–73360 LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Aviation proceedings: archives, FEDREGTOC-L, Join or leave the list (or change Agreements filed; weekly receipts, 71217–71218 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR Proposed Rules: 60...... 71039 14 CFR Proposed Rules: 39 (5 documents) ...... 71040, 71045, 71047, 71049, 71051 71...... 71053 22 CFR Proposed Rules: 302...... 71054 26 CFR Proposed Rules: 1...... 71235 33 CFR 110...... 70995 37 CFR 1...... 70996 40 CFR 51...... 71009 437...... 71014 41 CFR 300-3...... 71026 301-50...... 71026 301-52...... 71026 301-70...... 71026 301-73...... 71026 48 CFR Proposed Rules: 1813...... 71055 1814...... 71055 1815...... 71055 1816...... 71055 1817...... 71055 1819...... 71056 1822...... 71056 1823...... 71056 1824...... 71056 1825...... 71056 49 CFR Proposed Rules: 571...... 71057 50 CFR 648 (2 documents) ...... 71032, 71033 679...... 71036 Proposed Rules: 622...... 71058

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Rules and Regulations Federal Register Vol. 68, No. 245

Monday, December 22, 2003

This section of the FEDERAL REGISTER (d)(3), the Coast Guard finds that good potential costs and benefits under contains regulatory documents having general cause exists for not publishing a NPRM section 6(a)(3) of that Order. The Office applicability and legal effect, most of which and for making this regulation effective of Management and Budget has not are keyed to and codified in the Code of less than 30 days after publication in the reviewed it under that Order. It is not Federal Regulations, which is published under Federal Register. On November 28, ‘‘significant’’ under the regulatory 50 titles pursuant to 44 U.S.C. 1510. 2003, a contractor for the Army Corps of policies and procedures of the The Code of Federal Regulations is sold by Engineers began conducting dredging Department of Homeland Security the Superintendent of Documents. Prices of operations, which are potentially (DHS) because we expect the economic new books are listed in the first FEDERAL hazardous to mariners in New Castle impact of this rule to be so minimal. REGISTER issue of each week. Range Ship Channel and in Anchorage There are fifteen other anchorages in the 5 southeast of Pea Patch Island. local area for use by mariners. Also, Publishing an NPRM, allowing for a New Castle Range is not near any DEPARTMENT OF HOMELAND comment period, and/or waiting 30 days critical infrastructure or marine SECURITY after publication before making this terminals and Anchorage 5 is rarely regulation effective is impracticable and used by the public or by the river pilots. Coast Guard contrary to public interest. Immediate Small Entities action is needed to protect mariners 33 CFR Part 110 against the potential hazards associated Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we considered [CGD05–03–195] with the dredging operation. Advance notification will be made to affected whether this rule would have a RIN 1625–AA01 mariners via marine information significant economic impact on a broadcasts. substantial number of small entities. Anchorage Grounds; Delaware Bay The term ‘‘small entities’’ comprises and River Background and Purpose small businesses, not-for-profit The U.S. Army Corps of Engineers organizations that are independently AGENCY: Coast Guard, DHS. (USACE) conducts dredging operations owned and operated and are not ACTION: Temporary final rule. on the Delaware River in the vicinity of dominant in their fields, and New Castle Range Ship Channel to governmental jurisdictions with SUMMARY: The Coast Guard is maintain the 46-foot project depth. populations of less than 50,000. temporarily changing the regulations To reduce the hazards associated with Therefore, the Coast Guard certifies that govern Anchorage 5, southeast of dredging the channel, mariners must under section 605(b) of the regulatory Pea Patch Island, due to U.S. Army Corp receive approval from the Captain of the Flexibility Act (5 U.S.C 605(b)) that this of Engineers dredging operations in the Port Philadelphia before using rule will not have a significant impact anchorage. This regulation will help Anchorage 5 while the operations are on a substantial number of small ensure the safety of vessels anchoring in ongoing. entities. Anchorage 5 while dredging operations This rule may affect the following are ongoing. Mariners must receive Discussion of Temporary Final Rule entities, some of which may be small approval from the Captain of the Port Currently in paragraph (b)(2) of 33 entities: the pilots association, the Philadelphia before using the anchorage CFR 110.157, vessels are allowed to supply boat providers, and the tugboat and anchor for up to 48 hours in the operators. However, there are fifteen DATES: This rule is effective from anchorage grounds listed in other anchorages in the local area for December 9, 2003, until December 31, § 110.157(a), which includes Anchorage use by these small businesses. This 2003. 5. However, because of underwater temporary regulation will not have a dredge piping in Anchorage 5 southeast significant impact on a substantial ADDRESSES: Documents indicated in this of Pea Patch Island, the Coast Guard is preamble as being available in the number of entities for the following temporarily adding paragraph (b)(12) in docket are part of docket CGD05–03– reasons: Anchorage 5 is rarely used, as 33 CFR 110.157 to protect mariners from 195 and are available for inspection or other anchorages are more convenient to encountering hazards within Anchorage copying at Coast Guard Fifth District, these businesses. In addition, the New 5. All vessels desiring to use Anchorage 431 Crawford Street, Portsmouth, Castle Range is not near any critical 5 must obtain permission from the Virginia, 23704, between 8 a.m. and 4 infrastructure or marine terminals. Captain of the Port 24 hours prior to p.m., Monday through Friday, except anchoring. The Coast Guard expects that Assistance for Small Entities Federal holidays. vessels normally permitted to anchor in Under section 213(a) of the Small FOR FURTHER INFORMATION CONTACT: Anchorage 5 will make arrangements to Business Regulatory Enforcement Lieutenant Commander Roger Smith, anchor elsewhere during the dredge Fairness Act of 1996 (Pub. L. 104–121), Coast Guard Fifth District Marine Safety operations, as there are 15 other we want to assist small entities in Division, at (757) 398–6389. anchorages in the local area. understanding this rule so that they can SUPPLEMENTARY INFORMATION: better evaluate its effects on them and Regulatory Evaluation participate in the rulemaking process. Regulatory Information This temporary rule is not a Small businesses may send comments We did not publish a notice of ‘‘significant regulatory action’’ under on the actions of federal employees who proposed rulemaking (NPRM) for this section 3(f) of Executive Order 12866 enforce or otherwise determine regulation. Under 5 U.S.C. 553(b)(B) and and does not require an assessment of compliance with federal regulations to

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the Small Business and Agriculture Indian Tribal Governments means the Commanding Officer of the Regulatory Enforcement Ombudsman This rule does not have tribal Coast Guard Marine Safety Office/Group and the Regional Small Business implications under Executive Order Philadelphia or any Coast Guard Regulatory Fairness Boards. The 13175, Consultation and Coordination commissioned, warrant or petty officer Ombudsman evaluates these actions with Indian Tribal Governments, who has been authorized by the Captain annually and rates each agency’s because it does not have a substantial of the Port to act on his behalf. The responsiveness to small business. If you direct effect on one or more Indian Captain of the Port may be contacted by wish to comment on actions by tribes, on the relationship between the telephone at (215) 271–4807 or via employees of the Coast Guard, call 1– Federal Government and Indian tribes, channels 13 and 16 on VHF marine 888–REG–FAIR (1–888–743–3247). or on the distribution of power and band radio. Collection of Information responsibilities between the Federal * * * * * Government and Indian tribes. Dated: December 9, 2003. This rule calls for no new collection Sally Brice-O’Hara, of information under the Paperwork Energy Effects We have analyzed this rule under Rear Admiral, Coast Guard, Commander, Reduction Act of 1995 (44 U.S.C. 3501– Fifth Coast Guard District. 3520). Executive Order 13211, Actions Concerning Regulations That [FR Doc. 03–31391 Filed 12–19–03; 8:45 am] Federalism Significantly Affect Energy Supply, BILLING CODE 4910–15–P A rule has implications for federalism Distribution, or Use. We have under Executive Order 13132, determined that it is not a ‘‘significant DEPARTMENT OF COMMERCE Federalism, if it has a substantial direct energy action’’ under that order because it is not a ‘‘significant regulatory action’’ effect on State or local governments and Patent and Trademark Office would either preempt State law or under Executive Order 12866 and is not likely to have a significant adverse effect impose a substantial direct cost of 37 CFR Part 1 compliance on them. We have analyzed on the supply, distribution, or use of this rule under that Order and have energy. It has not been designated by the [Docket No.: 2003–P–001] determined that this rule does not have Administrator of the Office of RIN 0651–AB57 implications for federalism. Information and Regulatory Affairs as a significant energy action. Therefore, it Changes to Implement the 2002 Inter Unfunded Mandates Reform Act does not require a Statement of Energy Partes Reexamination and Other Effects under Executive Order 13211. The Unfunded Mandates Reform Act Technical Amendments to the Patent of 1995 (2 U.S.C. 1531–1538) requires Environment Statute Federal agencies to assess the effects of We have considered the their discretionary regulatory actions. In AGENCY: United States Patent and environmental impact of temporarily Trademark Office, Commerce. particular, the Act addresses actions restricting the usage of Anchorage 5 and ACTION: Final rule. that may result in the expenditure by a concluded under figure 2–1, paragraph State, local or tribal government, in the (34)(f), of Commandant Instruction SUMMARY: The 21st Century Department aggregate, or by the private sector of M16475.lD, that this rule is categorically $100,000,000 or more in any one year. of Justice Appropriations Authorization excluded from further environmental Act contains a title relating to Though this rule will not result in such documentation. expenditure, we do discuss the effects of intellectual property. The patent-related this rule elsewhere in this preamble. List of Subjects in 33 CFR Part 110 provisions in the intellectual property title of the 21st Century Department of Taking of Private Property Anchorage grounds. Justice Appropriations Authorization ■ For the reasons discussed in the Act include provisions permitting a This rule will not affect a taking of preamble, the Coast Guard amends 33 third party requester in an inter partes private property or otherwise have CFR part 110 as follows: reexamination proceeding to appeal a taking implications under Executive final decision by the Board of Patent PART 110—ANCHORAGE Order 12630, Governmental Actions and Appeals and Interferences (BPAI) to the REGULATIONS Interference with Constitutionally U.S. Court of Appeals for the Federal Protected Property Rights. ■ 1. The authority citation for part 110 Circuit (Federal Circuit), and to Civil Justice Reform continues to read as follows: participate in the patent owner’s appeal Authority: 33 U.S.C. 471, 1221 through of a final decision by the BPAI to the This rule meets applicable standards 1236, 2030, 2035 and 2071; 33 CFR 1.05–1(g). Federal Circuit. The patent-related in sections 3(a) and 3(b)(2) of Executive Department of Homeland Security Delegation provisions of the 21st Century Order 12988, Civil Justice Reform, to No. 0170.1. Department of Justice Appropriations minimize litigation, eliminate ■ 2. From December 9, 2003, until Authorization Act also include ambiguity, and reduce burden. December 31, 2003, add temporary technical amendments to the provisions Protection of Children § 110.157(b)(12) to read: directed to inter partes reexamination, 18-month publication of patent We have analyzed this rule under § 110.157 Delaware Bay and River. applications and provisional rights, and Executive Order 13045, Protection of * * * * * issuance of patents. The United States Children from Environmental Health (b) * * * Patent and Trademark Office (Office) is Risks and Safety Risks. This rule is not (12) All vessels desiring to use revising the rules of practice to an economically significant rule and Anchorage 5 southeast of Pea Patch implement the patent-related provisions does not concern an environmental risk Island must obtain permission from the of the 21st Century Department of to health or risk to safety that may Captain of the Port 24 hours prior to Justice Appropriations Authorization disproportionately affect children. anchoring. The Captain of the Port Act, and other miscellaneous changes

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related to appeals in reexamination be a party to (i.e., participate in) an partes and ex parte reexamination. The proceedings. appeal taken by the patent owner to the Office is revising §§ 1.191, 1.303, and EFFECTIVE DATE: January 21, 2004. Federal Circuit. 1.913 to address the inter partes and ex The Office published a final rule in parte reexamination technical FOR FURTHER INFORMATION CONTACT: December of 2000 revising the rules of corrections. Kenneth M. Schor or Gerald A. Dost, practice in patent cases to implement III. Other miscellaneous changes Senior Legal Advisors. Kenneth M. the optional inter partes reexamination made to reexamination proceedings: Schor may be contacted by telephone at provisions of the AIPA. See Rules to Additionally, the Office is revising the (703) 308–6710; by mail addressed to: Implement Optional Inter Partes inter partes reexamination rules to U.S. Patent and Trademark Office, Mail Reexamination Proceedings, 65 FR avoid the loss of appeal rights during Stop Comments—Patents, 76755 (Dec. 7, 2000), 1242 Off. Gaz. Pat. appeals to the BPAI due to certain Commissioner for Patents, P.O. Box Office 12 (Jan. 2, 2001) (final rule). inadvertent errors on the part of the 1450, Alexandria, VA 22313–1450, Section 1.983 is promulgated to codify patent owner or third party requester. marked to the attention of Kenneth M. in the rules of practice the patent Further, the Office is revising the inter Schor; by facsimile transmission to owner’s statutory right, under 35 U.S.C. partes and ex parte reexamination (703) 872–9408, marked to the attention 141, to appeal to the Federal Circuit in appeal rules generally for clarity. These of Kenneth M. Schor; or by electronic inter partes reexamination proceedings. revisions are made in §§ 1.302, 1.959, mail message over the Internet Because the third-party requester of an 1.965, 1.967, 1.971, and 1.977. addressed to [email protected]. inter partes reexamination was IV. Patent and Trademark Efficiency Gerald A. Dost may be contacted by previously expressly precluded under Act Amendments: Section 13203 of telephone at (703) 305–8610; by mail 35 U.S.C. 134(c) (as amended by the Public Law 107–273 is directed to addressed to: U.S. Patent and AIPA) from appealing the decision of efficiency amendments to the statute. Trademark Office, Mail Stop the BPAI to the Federal Circuit, the The Office is revising § 1.13(b) to Comments—Patents, Commissioner for rules of practice did not previously eliminate its requirement for an Patents, P.O. Box 1450, Alexandria, VA provide for such an appeal. Likewise, attestation for certified copies of 22313–1450, marked to the attention of because there was no authority in the documents, similar to the elimination of Gerald A. Dost; by facsimile statute for the third party requester to the attestation requirement in 35 U.S.C. transmission to (703) 308–6916, marked participate in an appeal taken by the 153 as provided in section 13203(c) of to the attention of Gerald A. Dost; or by patent owner to the Federal Circuit, no Public Law 107–273. electronic mail message over the such provision of the rules was V. Technical amendment related to Internet addressed to provided. Finally, because the third- eighteen-month publication of [email protected]. party requester of an inter partes applications and provisional rights: SUPPLEMENTARY INFORMATION: The reexamination was precluded under 35 Sections 13204 and 13205 of Public Law American Inventors Protection Act of U.S.C. 134(c) (as amended by the AIPA) 107–273 made technical corrections to 1999 (AIPA), enacted on November 29, from appealing the decision of the BPAI provisions directed to the eighteen- 1999, contained a number of changes to to the Federal Circuit, no provision in month publication of patent title 35, United States Code (U.S.C.). See the rules concerning patent owner applications and provisional rights, and Pub. L. 106–113, 113 Stat. 1501, 1501A– participation in a third-party requester the issuance of patents. The Office is 552 through 1501A–591 (1999). The appeal was provided. revising §§ 1.14, 1.78, 1.417, and 1.495 21st Century Department of Justice Section 13106 of Public Law 107–273 to implement the statutory revisions Appropriations Authorization Act, now grants the inter partes made by these sections of Public Law enacted on November 2, 2002, reexamination third party requester the 107–273. contained technical corrections to the right to appeal an adverse decision of Section-by-Section Discussion AIPA, as well as other technical the BPAI to the Federal Circuit. See 35 amendments to title 35, U.S.C. See Pub. U.S.C. 315(b)(1). It further authorizes Section 1.1: Section 1.1(c) is amended L. 107–273, 116 Stat. 1758, 1899–1906 the third party requester to be a party to to provide separate mail stops for ex (2002). This final rule revises the rules any appeal taken by the patent owner to parte reexamination proceedings and of practice in title 37 CFR to implement the Federal Circuit. See 35 U.S.C. inter partes reexamination proceedings. the patent-related provisions of the 21st 315(b)(2). Moreover, section 13106 of Section 1.1(c) is amended to clarify that Century Department of Justice Public Law 107–273 also permits the the mail stop for ex parte reexamination Appropriations Authorization Act (and patent owner to be a party to an appeal proceedings can only be used for the other related miscellaneous changes). taken by the third party requester to the original request papers for ex parte I. Third Party Requester Appeal Federal Circuit. This is so because 35 reexamination. The new mail stop for Rights to United States Court of Appeals U.S.C. 315(a)(2) as enacted by the AIPA inter partes reexamination includes for the Federal Circuit: Optional inter states that the patent owner involved in both original request papers and all partes reexamination was newly an inter partes reexamination subsequent correspondence filed in the enacted in the AIPA. The AIPA proceeding ‘‘may be a party to any Office (other than correspondence to the provided that the patent owner in an appeal taken by a third-party requester Office of the General Counsel pursuant inter partes reexamination could appeal under subsection (b).’’ Therefore, the to § 1.1(a)(3) and § 1.302(c)). a decision of the BPAI (adverse to patent Office is revising § 1.983 to implement Correspondence relating to inter partes owner) to the Federal Circuit. The third this statutory revision, and making reexamination proceedings is best party requester of the inter partes conforming or ancillary amendments to handled at one central location where reexamination, however, was §§ 1.301, 1.304, and 1.979. Office personnel have specific expertise specifically precluded from appealing a II. Technical amendments to the inter in inter partes reexamination because of decision of the BPAI to the Federal partes reexamination provisions of the the unique nature of inter partes Circuit. See 35 U.S.C. 134(c) as American Inventors Protection Act of reexamination proceedings. amended by the AIPA, 113 Stat. at 1999: Section 13202 of Public Law 107– Section 1.13: Section 1.13(b) is 1501A–571. In addition, the AIPA did 273 made technical corrections to amended to delete ‘‘attested by an not permit the third party requester to statutory provisions directed to inter officer of the United States Patent and

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Trademark Office authorized by the § 1.78(a)(3) will be required in the § 1.191 is amended to track the statutory Director.’’ Section 13203(c) of Public abandoned international application. A revision of the effective date. Law 107–273 eliminated the ‘‘bypass’’ continuation application is an Section 1.191(a) is also subdivided requirement in 35 U.S.C. 153 that the application for patent filed under 35 into paragraphs (a)(1) (for applications signature of the Director for issued U.S.C. 111(a) that claims the benefit of and ex parte reexamination proceedings patents be attested to by an officer of the the filing date of an earlier international filed before November 29, 1999), (a)(2) Office. To achieve further efficiencies, application designating the United (for ex parte reexamination proceedings certified copies of documents will no States that did not enter the national filed on or after November 29, 1999), longer include an attestation for the stage under 35 U.S.C. 371. See H.R. Rep. and (a)(3) (for inter partes Director’s signature. Accordingly, No. 107–685, at 222 (2002). The Office reexamination proceedings). § 1.13(b) is amended to eliminate the previously indicated that to amend a Section 1.197: Section 1.197(c) is requirement for an attestation for later-filed abandoned international amended to provide that an appeal to certified copies of documents. application to add a claim to the benefit the Federal Circuit is terminated when Section 1.14: Section 1.14(g)(2) is of a prior-filed nonprovisional the mandate is issued by the Court, amended to correct the reference to ‘‘35 application, or a prior-filed rather than when the mandate is U.S.C. 154(d)(4)’’. international application designating received by the Office. This change to Section 1.78: Section 1.78(a)(3) is the United States, an applicant need § 1.197(c) is for consistency with a 1998 amended by deleting the phrase ‘‘in a only file a petition under § 1.182 to amendment to Rule 41 of the Federal nonprovisional application.’’ Section amend an abandoned application (the Rules of Appellate Procedure. The 4508 of the AIPA as originally enacted later-filed international application) commentary on the addition of did not make the eighteen-month with the claim to the benefit of a prior- subdivision (c) to Rule 41 of the Federal publication amendments to 35 U.S.C. filed application. See Requirements for Rules of Appellate Procedure indicates 119 and 120 applicable to an Claiming the Benefit of Prior-Filed that this provision is intended to make international application unless and Applications Under Eighteen-Month clear that the Court’s mandate is until it enters the national stage under Publication of Patent Applications, 66 effective upon issuance, and that its 35 U.S.C. 371. See Public Law 106–113, FR 67087, 67092 (Dec. 28, 2001), 1254 effectiveness is not delayed until receipt 113 Stat. at 1501A–566 through 1501A– Off. Gaz. Pat. Office 121, 125 (Jan. 22, of the mandate by the trial court or 567. Section 13205 of Public Law 107– 2002) (final rule) (response to comment agency. 273 amended section 4508 of the AIPA 6). In view of this change to § 1.78(a), Section 1.301: Section 1.301 (last to make the eighteen-month publication applicants should no longer rely upon sentence) is amended by inserting the amendments to 35 U.S.C. 119 and 120 that advice. phrase ‘‘appeals by patent owners and also applicable during the international Section 1.191: Section 1.191(a) is third party requesters in’’ before ‘‘inter stage of an international application. amended to delete each appearance of partes reexamination proceedings.’’ The With regard to international the phrase ‘‘for a patent that issued from revision makes it clear that appeals by applications, § 1.78(a)(2)(ii) requires that an original application filed in the third party requesters of inter partes the reference required by § 1.78(a)(2)(i) United States.’’ Section 13202(d) of reexamination proceedings are be submitted: (1) during the pendency Public Law 107–273 provides a controlled by § 1.983. of the later-filed application; and (2) technical correction for the effective Section 1.302: Section 1.302 is within the later of (A) four months from date set forth in the AIPA for appeals to amended by adding new paragraphs (c) the date on which the national stage the BPAI as follows: and (d), and redesignating existing paragraph (c) as paragraph (e). New commenced under 35 U.S.C. 371(b) or Effective Date—The amendments made by (f) in the later-filed international Section 4605(b), (c), and (e) of the Intellectual paragraph (c) points out that when an application, or (B) sixteen months from Property and Communications Omnibus appeal is taken to the Federal Circuit in the filing date of the prior-filed Reform Act, as enacted by Section 1000(a)(9) an ex parte reexamination proceeding, application. Since an abandoned of Public Law 106–113, shall apply to any the appellant must serve notice as international application is not a reexamination filed in the United States provided in § 1.550(f). New paragraph nonprovisional application, the petition Patent and Trademark Office on or after the (d) points out that when an appeal is procedure set forth in former § 1.78(a)(3) date of enactment of Public Law 106–113. taken to the Federal Circuit in an inter was not applicable to a delayed priority The effective date language in section partes reexamination proceeding, the claim in an abandoned international 4608 of the AIPA limited the appellant must serve notice as provided application. Section 1.78(a)(3) as applicability of the conforming in § 1.903. These revisions are intended amended now makes the petition amendments to 35 U.S.C. 134 to a to focus parties on the unique service procedure set forth in § 1.78(a)(3) reexamination of a patent that issued requirements in ex parte and inter applicable to submitting a delayed from an original application which was partes reexamination proceedings, when priority claim in an abandoned filed on or after November 29, 1999. appealing to the Federal Circuit. international application including an Thus, the conforming amendments to 35 Section 1.303: Section 1.303 is international application that has not U.S.C. 134 applied only to those ex amended by revising paragraphs (a), (b) entered the national stage under 35 parte reexamination proceedings filed and (d) to delete the appearance of ‘‘for U.S.C. 371. Therefore, when filing a under § 1.510 for patents that issued a patent that issued from an original ‘‘bypass’’ continuation application from an original application which was application filed in the United States’’ under 35 U.S.C. 111(a) that claims the filed on or after November 29, 1999. in each paragraph. This revision is made benefit of the international application Public Law 107–273 revised the for the reasons stated in the discussion with a filing date on or after November applicability of the conforming of § 1.191. 29, 2000, that could have but did not amendments to 35 U.S.C. 134 such that Section 1.304: Section 1.304 is claim the benefit of an earlier U.S. the conforming amendments are amended by revising paragraph (a)(1) to nonprovisional application or applicable to a reexamination of a add after the second sentence, the international application designating patent where the request for ex parte following sentence: ‘‘If a request for the United States and the benefit claim reexamination was filed on or after rehearing or reconsideration of the is to be added, a petition under November 29, 1999. Accordingly, decision is filed within the time period

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provided under § 1.979(a), the time for language translation of the publication inappropriate comment [or] notice of filing an appeal shall expire two months of the international application appeal * * * in an inter partes after action on the last such request.’’ In previously submitted under 35 U.S.C. reexamination, the paper will be refused addition, reference to § 1.979(a) in the 154(d) (§ 1.417) is not also a translation consideration.’’ Thus, if the third party second sentence is deleted. Further, of the international application as filed requester inadvertently fails to pay the § 1.304 is amended to include all of the (35 U.S.C. 371(c)(2)).’’ The purpose of appeal fee, or makes a payment which current provisions relating to this revision is to clarify that if an is deficient as to the amount specified interferences in § 1.304(i), and to English language translation of the in § 1.17(b), the requester’s notice of include a new § 1.304(ii) which publication has already been filed and appeal (or cross appeal) will not be provides that in inter partes the publication was also a translation of considered, and requester’s appeal will reexaminations the time for filing a the international application, a second otherwise be barred. The failure to cross-appeal expires: (1) fourteen days translation is not required. Instead, the submit the complete appeal fee is not a after service of the notice of appeal to translation required by 35 U.S.C. 154(d) ‘‘bona fide attempt to respond and to the Federal Circuit; or (2) two months will satisfy the requirement for a advance the prosecution’’ where ‘‘some after the date of decision of the BPAI, translation under 35 U.S.C. 371(c)(2). In requirement has been inadvertently whichever is later. § 1.495(g), the phrase ‘‘, except for a omitted’’ under § 1.957(d) (with Section 1.304(a)(1) now provides that copy of the international publication or requester then given a chance to rectify an inter partes third party requester can translation of the international the inadvertency), since § 1.957(d) appeal to the Federal Circuit and can application that is identified as applies only to a patent owner and not participate in the patent owner’s appeal provided in § 1.417,’’ is deleted because to a third party requester. In addition, to the Federal Circuit. The time for the phrase is unnecessary, since it the third party requester does not have filing an appeal to the Federal Circuit merely repeats a provision of § 1.417. the opportunity to ‘‘revive’’ the appeal, will expire two months after ‘‘action on Section 1.913: Section 1.913 is as does the patent owner under § 1.137 the last such request made by the amended to add the phrase ‘‘other than (further, an extension of the time for parties,’’ as opposed to the sentence the patent owner or its privies’’ after filing the notice of appeal (or cross which precedes the added sentence ‘‘any person,’’ because section 13202 of appeal) is not provided for by § 1.956, where time for filing an appeal to the Pub. L. 107–273 now clarifies that only even if the requester becomes aware of Federal Circuit is stated to expire two the third party requester may file a the inadvertency on the last day to months after ‘‘action on the request.’’ request for inter partes reexamination; a Thus, the potential for rehearing or patent owner may not file a request for remedy it). Thus, the third party reconsideration by more than one party inter partes reexamination. This is requester would be barred from is now factored into the time for appeal consistent with the initial position taken appealing the case when a sufficient to the Federal Circuit. Since a party may by the Office during the implementation payment of the fee is inadvertently not not challenge a BPAI decision in an of optional inter partes reexamination. made, in the absence of the present inter partes reexamination in a civil See Rules to Implement Optional Inter revision to § 1.959. Yet, estoppel action under 35 U.S.C. 145, § 1.304(a)(1) partes Reexamination Proceedings, 65 attaches to the third party requester provides that ‘‘the time for filing an FR 18153, 18178 (Apr. 6, 2000), 1234 which precludes further resolution of appeal shall expire * * *’’ and not ‘‘the Off. Gaz. Pat. Office 93, 116 (May 23, the issues that the requester wishes to time for filing an appeal or commencing 2000) (proposed rule). appeal. Under the statute, requester is a civil action shall expire * * *’’ Section 1.959: Section 1.959 is estopped from later asserting in any (which appears in the sentence which amended by adding a new paragraph (f), civil action, or in a subsequent inter precedes the added sentence). which provides a non-extendable one- partes reexamination, the invalidity/ The revision to § 1.304(a)(1) also month period for correcting an unpatentability of any claim finally conforms to the change to § 1.983, by inadvertent failure to comply with any determined to be valid and patentable addressing the potential for cross appeal requirement of § 1.959, when a notice of on any ground the third party requester to the Federal Circuit in an inter partes appeal or cross appeal is submitted. The raised or could have raised in the inter reexamination (in addition to that in an revision of § 1.959 will permit a remedy partes reexamination. Requester is interference). of inadvertent defects in a notice of further estopped from later challenging Section 1.417: As discussed with appeal or cross appeal. in a civil action any fact determined in regard to the revision to § 1.14, the Section 1.959 relates to appeals and the inter partes reexamination. statute has been revised to clarify that cross appeals to the BPAI in inter partes Accordingly, a requester’s loss of appeal a translation of the international reexamination proceedings. The rights because of an inadvertent publication, as opposed to the requirements for acceptance by the payment would be an unduly harsh and international application, must be filed Office of a notice of appeal and cross extreme measure. Thus, the Office is in order for a patent owner to obtain the appeal to the BPAI are: (1) Payment of revising § 1.959 to provide the third provisional right of a reasonable royalty the appeal fee set forth in § 1.17(b) party requester one opportunity to under 35 U.S.C. 154(d). Accordingly, (§§ 1.959(a) and (b)); (2) identification of supply, within one month, the missing § 1.417 is amended: (1) To delete ‘‘the the appealed claim(s) (§ 1.959(c)); and fee or missing portion of the fee. As to international publication or’’; (2) to add (3) signature by the patent owner, the the requirements that the notice of ‘‘of the publication’’ after ‘‘English third party requester, or their duly appeal (or cross appeal) identify the language translation’’; and (3) to delete authorized attorney or agent (§ 1.959(c)). appealed claim(s) and be signed by the ‘‘, unless it is being submitted pursuant Section 1.959 is amended to provide appellant, it may be that an opportunity to § 1.495,’’. the third party requester (as well as the to remedy the inadvertent failure to Section 1.495: Section 1.495(c) is patent owner) one opportunity to comply with same is not precluded by amended to change ‘‘if it was originally supply, within one month, the missing § 1.957(a). The refusal of consideration filed in another language (35 U.S.C. fee or missing portion of the fee that was mandated by that section is directed 371(c)(2)’’ to ‘‘if the international inadvertently not supplied. Section only to ‘‘untimely or inappropriate’’ application was originally filed in 1.957(a) provides that if ‘‘the third party notices of appeal (and cross appeal). If another language and if any English requester files an untimely or so, the failure to sign or identify as

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required might not render the notice compliance inadvertencies in appellant Section 1.979: Section 1.979 is untimely, and the paper might be an and respondent briefs, respectively. amended by revising its paragraphs (e) ‘‘appropriate’’ paper, i.e., the type of However, prior to the present and (f) to replace ‘‘patent owner’’ (and paper that is entitled to entry in an inter amendment of § 1.971, there was no its possessive) with ‘‘parties to an partes reexamination, but is not a relief of this nature provided for rebuttal appeal to the Board of Patent Appeals complete paper. However, to cover the briefs. Section 1.971 is amended (in a and Interferences,’’ ‘‘party,’’ ‘‘any possibility that failure to comply with new paragraph (b)) to provide similar party,’’ or ‘‘party’s,’’ as applicable. the signature or identification of claims relief for inadvertencies in the rebuttal Section 1.979 is also amended by requirements of § 1.959(c) could brief. In addition, the phrase ‘‘[n]o new deleting the first and second sentences permanently bar the requester’s appeal, ground of rejection can be proposed by of paragraph (f). The third sentence of new § 1.959(f) has been phrased to a third party requester’’ is being § 1.979(f) is amended to add ‘‘to the explicitly encompass these potential changed to ‘‘[n]o new ground of Board of Patent Appeals and defects in a notice of appeal (or cross rejection may be proposed by a third Interferences’’ after ‘‘An appeal’’ to appeal). party requester’’ to more correctly state provide additional clarity. Section 1.979 Sections 1.965 and 1.967: Section the limitation. was formerly drafted to address the 1.965(d) is amended by inserting Section 1.977: Section 1.977(g) is situation where an appeal to the Federal ‘‘paragraphs (a) and (c)’’ in place of amended by inserting the phrase ‘‘, Circuit is possible only for the patent ‘‘paragraph (c).’’ Section 1.967(c) is when the patent owner is responding owner. The first revision modifies the amended by inserting ‘‘paragraphs (a) under paragraph (b)(1) of this section’’ language of § 1.979 to make it applicable and (b)’’ in place of ‘‘paragraph (b).’’ at the end of the first sentence of the to all parties to the inter partes Under former § 1.965, an inadvertent paragraph, and by adding the following reexamination proceeding, i.e., the failure to comply with a requirement of new sentence as the second sentence: patent owner and any inter partes § 1.965(a) permanently barred the ‘‘The time period set forth in paragraph reexamination third party requester, requester’s appeal from going forward. (b) of this section may not be extended who are the parties to the appeal to the Under former § 1.967, an inadvertent when the patent owner is responding BPAI. The second revision deletes the failure to comply with a § 1.967(a) under paragraph (b)(2) of this section.’’ provision for termination of the third requirement also barred the requester’s party requester’s appeal, which was Prior § 1.977(g) provided that ‘‘[t]he participation via respondent brief in the (before the enactment of Public Law time period set forth in paragraph (b) of patent owner’s appeal. Sections 1.965 107–273) under criteria different than this section is subject to the extension and 1.967 are revised to provide the that for the patent owner (since a third of time provisions of § 1.956.’’ Thus, an appellant and respondent, respectively, party requester could not appeal to the extension of time could be obtained for with a non-extendable one-month courts under the statute prior to Public the filing of a patent owner amendment period for correcting an inadvertent Law 107–273). The first revision to the or showing of facts under § 1.977(b)(1), failure to comply with a requirement of text of § 1.979(f) makes the criteria for or the filing of a patent owner request §§ 1.965(a) and 1.967(a), respectively. termination the same for all parties to This revision of §§ 1.965 and 1.967 is for for rehearing of the decision of the BPAI the appeal. Finally, § 1.979(f) is reasons analogous to those set forth made under § 1.977(b)(2). However, amended to provide that an appeal to above for the revision of § 1.959. Again, § 1.979(g) stated, and continues to state, the Federal Circuit is terminated when the loss of requester’s appeal rights that the times for requesting rehearing the mandate is issued by the Federal because of a § 1.965(a) inadvertency, under § 1.979(a) may not be extended, Circuit, which is consistent with a 1998 and the loss of requester’s participation and a patent owner request for rehearing amendment to Rule 41 of the Federal rights because of a § 1.967(a) of the decision of the BPAI made under Rules of Appellate Procedure. See the inadvertency, are considered to be § 1.977(b)(2) is included as § 1.979(a)(2). discussion of § 1.197 above. unduly harsh and extreme measures. Thus, the time for filing a patent owner Undesignated center heading It is noted that § 1.965(b) states: ‘‘A request for rehearing under § 1.977(b)(2) immediately preceding § 1.983: The party’s appeal shall stand dismissed could not be extended. The present undesignated center heading upon failure of that party to file an amendment to § 1.977(g) makes it immediately preceding § 1.983 is appellant’s brief, accompanied by the consistent with the language of revised by deleting ‘‘PATENT OWNER’’ requisite fee, within the time allowed.’’ § 1.979(g). Note further that this revision before ‘‘APPEAL TO THE UNITED Under § 1.965(d), as it has now been is consistent with the policy for a STATES COURT OF APPEALS FOR revised, the phrase ‘within the time streamlined appeal procedure, which is THE FEDERAL CIRCUIT.’’ The allowed’’ in § 1.965(b) includes the reflected, for example, in § 1.959 (no undesignated center heading filing of an ‘‘appellant’s brief, extension of the time for filing the immediately preceding § 1.983 was accompanied by the requisite fee’’ notice of appeal or cross appeal), § 1.963 formerly drafted to address the situation within the one-month period for (no extension of the time for filing where appeal to the Federal Circuit was correcting an inadvertency (in failure to appellant, respondent, and rebuttal possible only by the patent owner. This comply with a requirement of § 1.965(a) briefs), and § 1.979(g) (no extension of revision modifies the language to make and/or (c)) set forth in § 1.965(d). the time for filing any rehearing it applicable to all parties to the inter Section 1.971: Section 1.971 is request). Thus, it is appropriate that an partes reexamination proceeding who amended by designating the sole current extension of time cannot be obtained for are the parties to the appeal to the BPAI. paragraph of the section as paragraph the filing of a patent owner request for Section 1.983: Section 13106 of Public (a), and adding new paragraph (b). New rehearing of the decision of the BPAI Law 107–273 grants the inter partes paragraph (b) provides a non-extendable made under § 1.977(b)(2), while an reexamination third party requester the one-month period for correcting an extension can be obtained for the filing right to appeal an adverse decision of inadvertent failure to comply with any of a patent owner amendment or the BPAI to the Federal Circuit. 35 requirement of paragraph (a) of § 1.971, showing of facts presented under U.S.C. 315(b)(1). It further authorizes when a rebuttal brief is submitted. § 1.977(b)(1), which may be considered the third party requester to be a party to Existing §§ 1.965(d) and 1.967(c) a reopening of the examination process, any appeal taken by the patent owner to provide relief for certain non- as opposed to the appeal process. the Federal Circuit. See 35 U.S.C.

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315(b)(1). Also, as pointed out above, where a party challenges a decision of claims are allowed, but would be section 13106 of Public Law 107–273 the BPAI adverse to that party. New precluded from doing so under the implicitly permits the patent owner to paragraph (f): Section 13106(d) of Public proposal. A patent owner receiving be a party to the newly provided appeal Law 107–273 provides the effective date notice that all claims are found taken by the third party requester to the for the revision to the statute made in patentable might very well decide to Federal Circuit. Section 1.983 is section 13106 as follows: ‘‘[t]he propose an amendment at that point, if amended to track this newly enacted amendments made by this Section apply the patent owner disagrees with the legislation by revising its heading, with respect to any reexamination examiner’s statement of reasons for dividing the existing text into proceeding commenced on or after the allowance or statement of claim paragraphs (a) and (b), revising the text date of enactment of this Act.’’ interpretation. If, as proposed, a Right of of newly designated paragraphs (a) and Accordingly, § 1.983 is amended to Appeal Notice would be the paper that (b), and adding new paragraphs (c) add a new paragraph (f) stating: first informs a patent owner that all through (f). ‘‘[n]otwithstanding any provision of the claims have been found patentable, then The heading of § 1.983 is amended by rules, in any reexamination proceeding the patent owner would be precluded changing ‘‘Patent owner appeal’’ to commenced prior to November 2, 2002, from submitting such an amendment in ‘‘Appeal.’’ the third party requester is precluded the proceeding. One comment asserted Section 1.983(a) is amended to permit from appealing and cross appealing any that in the instance of a first action the patent owner and any third party decision of the BPAI to the Federal indication of patentability of all claims requester who is a party to an appeal to Circuit, and the third party requester is and simultaneous issuance of a Right of the BPAI to: (1) appeal the BPAI’s precluded from participating in any Appeal Notice, the proposed revision decision to the Federal Circuit; and (2) appeal taken by the patent owner to the could deny the patent owner its be a party to any appeal to the Federal Court.’’ statutory right to propose amendments Circuit taken from the BPAI’s decision. Response to comments: The Office during reexamination pursuant to 35 Section 1.983(b) is amended to clarify published a notice proposing changes to U.S.C. 314(a), since amendments to that service of the notice of appeal or the rules of practice to implement the claims are expressly barred once the cross appeal must be made on every patent-related provisions in the Right of Appeal Notice is issued. other party to the reexamination intellectual property title of the 21st Based on the above, the comments proceeding as required in § 1.903. The Century Department of Justice urge that the Office retain the current explicit statement of requirement for Appropriations Authorization Act. See practice of issuing an Action Closing service on other parties also provides Changes to Implement the 2002 Inter Prosecution in all cases where the antecedent for the fourteen-day period Partes Reexamination and other request for inter partes reexamination is recited in paragraph (e) of § 1.983 that Technical Amendments to the Patent granted, even after all claims in the follows. Statute, 68 FR 22343 (Apr. 28, 2003), proceeding have been found patentable. Section 1.983 is amended to add 1270 Off. Gaz. Pat. Office 106 (May 20, Response: In view of the comments, paragraphs (c) and (d) to provide for a 2003) (proposed rule). The Office the proposed revision of §§ 1.949 and cross appeal to the Federal Circuit received six written comments (from 1.953 will not be adopted. The public within fourteen days of service of an intellectual property organizations, response expresses a view that the need opposing party’s notice of appeal to the patent practitioners, and the general to always provide the patent owner with Federal Circuit. This is analogous to the public) in response to this notice. While an opportunity to comment after all cross appeal (within fourteen days of the comments were for the most part claims are found patentable outweighs service of the notice of appeal) provided favorable to the changes proposed, a the pendency reduction benefit that for in § 1.304(a)(1) for interferences. The number of issues were raised. The would result from bypassing the interferences model is used, because an comments which raise issues, and the issuance of an Action Closing interference is the only other inter Office’s responses to these comments, Prosecution and directly issuing a Right partes proceeding appealed to the Court now follow: of Appeal Notice. In view of the from the decision of the BPAI. It is Comment 1: The comments of all preference stated in the comments that noted that if the two-month time period three intellectual property associations the patent owner should always be from the BPAI’s decision will expire which provided comments focused on given an opportunity to comment after after the fourteen-day period set for a the revision that was proposed for all claims are found patentable (by cross appeal, then the later-expiring §§ 1.949 and 1.953, to issue a Right of issuing an Action Closing Prosecution two-month period will control. Thus, Appeal Notice (under § 1.953) after all under § 1.949, after which patent owner where a first party files an appeal to the claims are found patentable, without can comment under § 1.951(a)), the court (the Federal Circuit) fourteen days first issuing an Action Closing proposal to revise §§ 1.949 and 1.953 after the BPAI’s decision, an opposing Prosecution (under § 1.949). The has been withdrawn. party need not file a cross appeal fifteen comments noted that the revision was One of the comments suggested that days later (twenty-nine days after the proposed in an effort to streamline inter the Office’s objective of streamlining BPAI’s decision), but rather has the partes reexamination prosecution, based prosecution (after a determination of remainder of the two-month period to on the assumption that a patent owner patentability of all claims) could be do so. ‘‘presumably’’ would not file any further achieved by providing patent owner A new paragraph (e) is added to comments after receiving a notice that with an opportunity to expressly waive § 1.983, to set forth the action a party all claims are patentable. The comments its right to submit comments/ must take in order to participate in an then pointed out that while it is possible amendments under current § 1.951(a) appellant’s appeal (including cross that this assumption should cover most upon notice that all claims have been appeal). Participation in the appellant’s situations, the proposed revision would found patentable. It is noted, however, appeal is directed to providing eliminate an important safeguard for the that such a right already exists, because argument supporting the decision of the patent owner in circumstances where the patent owner is free to file, after an BPAI. Such participation is in contrast the assumption is not correct. An Action Closing Prosecution under to the cross appeal which is provided example was given where a patent § 1.949, a paper stating that no for in paragraphs (c) and (d) of § 1.983, owner would wish to respond after all comments/amendments will be filed

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under current § 1.951(a). Thus, a new appeal and appeal fee set forth in adhered to, and that Art. I, § 8, cl. 8 of provision is not needed to implement § 1.17(b) (which will be refunded as the U.S. Constitution (Congress shall the suggestion. unnecessary if the petition is denied) have the power * * * ‘‘[t]o promote the As a final point, it is noted that and a request for an extension of time progress of science and useful arts, by (contrary to a statement made in one of under § 1.550(c) to respond to the most securing for limited times to authors the comments) under the current recent Office action (since an appeal is and inventors the exclusive right to practice, an Action Closing Prosecution not a proper response to a non-final their respective writings and will not be issued in all cases where a Office action and the period for discoveries’’) provides a basis for the request for inter partes reexamination is response to the Office action continues Office to ignore the limitations in the granted. Where all claims are rejected in to run if the petition is denied). AIPA on the applicability of inter partes a first Office action (for example) and However, it must be remembered that in reexamination, it is noted that the the patent owner fails to respond, a no case can the period for response be Federal courts have generally held that Notice of Intent to Issue a extended so as to expire later than six the power of Congress to legislate on the Reexamination Certificate will issue months from the date of the most recent subject of patents is plenary by the canceling all the patent claims, and Office action. terms of the Constitution. See e.g., there is no need for an Action Closing Comment 3: Two comments have McClurg v. Kingsland, 42 U.S. (1 How.) Prosecution. Also, if the ordered suggested that the Office permit inter 202, 206 (1843); see also Owen v. reexamination is vacated, where partes reexamination of patents issuing Heimann, 12 F.2d 173, 174 (D.C. Cir.), appropriate, prior to the issuance of an from original applications filed in the cert. denied, 271 U.S. 685 (1926) Action Closing Prosecution, there will United States prior to November 29, (‘‘Congress has full power to prescribe be no Action Closing Prosecution issued 1999. One of the comments argues that to whom and upon what terms and in the proceeding. the Office’s statement that the effective conditions a patent shall issue’’); Kling Comment 2: One comment points out date language in section 4608 of the v. Haring, 11 F.2d 202, 204–05 (D.C. that the effective date language in AIPA limited the applicability of inter Cir.), cert. denied, 271 U.S. 671 (1926) section 4608 of the AIPA changes to 35 partes reexamination (and conforming (same). In any event, administrative U.S.C. 134 and 35 U.S.C. 145 was to be amendments) to patents issuing from agencies do not have the authority to ‘‘phased in only years after enactment,’’ original applications filed in the United declare unconstitutional the laws they i.e., only for an ex parte reexamination States on or after November 29, 1999, is are charged with administering. See, that was based upon an original ‘‘bad law, bad policy for the patent e.g., Oestereich v. Selective Service application filed on or after November system and bad policy for the Patent Board, 393 U.S. 233, 242 (1968); 29, 1999. This would have taken many and Trademark Office.’’ The commenter McGowan v. Marshall, 604 F.2d 885, years to become effective, thus then presents a constitutional argument 892 (5th Cir. 1979); and Buckeye providing a gradual transition. Instead, to support this. The same comment Industries, Inc. v. Secretary of Labor, the comment notes, Public Law 107–273 further argues that the inter partes 587 F.2d 231 (5th Cir. 1979). accelerates the effective date provision reexamination effective date provision As to the argument that the inter to apply to any reexamination filed on of the AIPA has been repealed by partes reexamination effective date or after November 29, 1999 (i.e., nearly implication, based upon the legislative provision of the AIPA has been repealed three years ago). The comment urges expansion of third party requester by implication, based upon the that this change has accelerated the appeal rights provided by Public Law legislative expansion of third party existence of a situation where an 107–273. The comment further urges requester appeal rights provided by examiner can ‘‘suppress a case from that, if its proposal is not adopted, then Public Law 107–273, Congress is well appellate review ‘forever’ simply by third party requester participation in ex versed in the mechanism for changing refraining from making a rejection parte reexamination which would be an effective date of prior legislation (as final.’’ The comment requests relief analogous to that provided by statute for it did for the eighteen-month from this situation. inter partes reexamination should be publication provisions of the AIPA), and Response: If a patent owner believes permitted by rule for patents issuing Congress did not do so for the inter that a reexamination proceeding is being from an original application filed in the partes reexamination effective date ‘‘suppressed’’ from appellate review by United States prior to November 29, provisions of the AIPA. It is noted that the examiner’s refraining from making a 1999. a proposed revision to the inter partes rejection final, the patent owner may Response: Section 4608 (effective reexamination eligibility effective date file a petition under § 1.181(a) date) of the AIPA provides: ‘‘this was explicitly placed before Congress by requesting that the most recent Office subtitle and the amendments made by way of Section 3(a) of H.R. 2231 action by the examiner be designated as this subtitle shall take effect on the date introduced on June 19, 2001, and a final rejection so as to permit an of the enactment of this Act [November referred to the House committee. See appeal. Such a petition should be 29, 1999] and shall apply to any patent H.R. 2231, 107th Cong., 1st Sess. (2001). accompanied by a showing as to why that issues from an original application Thus, an explicit provision to revise the the most recent Office action should filed in the United States on or after that inter partes reexamination effective date have been designated as a final date [November 29, 1999].’’ See Pub. L. was before Congress; yet, it was not rejection. If such a petition is denied by 106–113, 113 Stat. at 1501A–572. The carried forward into Public Law 107– the Technology Center Director, the plain language of the statute is clear and 273. patent owner could seek further review is not ambiguous. The enacted inter As to the suggestion that third party by way of a petition under § 1.181(a)(3) partes provisions of the AIPA are clearly requester participation rights (analogous requesting higher level review of the stated (in Section 4608) to apply ‘‘to any to those provided by statute for inter decision of the Technology Center patent that issues from an original partes reexamination) should be Director. Since a petition under § 1.181 application filed in the United States on provided by rule for ex parte for patents does not operate to stay the or after’’ the date of enactment issuing from an original application reexamination proceeding (§ 1.181(f)), it (November 29, 1999). filed in the United States prior to is advisable that the petition under To the extent that it is argued that this November 29, 1999, the statute does not § 1.181(a) be accompanied by a notice of provision is unwise and should not be provide authority for a third party

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requester of a reexamination proceeding later request be considered and applied at the first opportunity to do so, such requested under 35 U.S.C. 302 to file a in order that only valid patent claims will be taken as an acquiescence to the paper directed to the issues during the result from the reexamination examiner’s position. In such a case, the examination of the reexamination proceeding, i.e., to prevent the public proposed ground of rejection will be proceeding. The statute and its intent from being barred from using claimed withdrawn from further consideration are clear that the reexamination subject matter for which protection is in the proceeding, will not be addressed proceeding under 35 U.S.C. 302 must be not warranted. It is noted that even in in future Office actions, and will not ex parte and third party requester this situation, the patent owner would serve as a basis for appeal in any participation is barred by statute. See be free to file a petition under § 1.181 subsequent appeal that may be taken by Syntex (U.S.A.) Inc. v. U.S. Patent and requesting that the Office action be the requester in the proceeding. Trademark Office, 882 F.2d 1570, 1573, designated as a final rejection (see Comment 6: Two comments suggested 11 USPQ2d 1866, 1868–69 (Fed. Cir. response to comment 2). that an inconsistency was raised by the 1989) (third parties do not participate A patent owner faced with the filing statement in the notice of proposed rule before the Office). While the third party of multiple reexamination requests on a making that an Action Closing requester is permitted by statute patent may obtain relief if it can be Prosecution (or Right of Appeal Notice) pursuant to 35 U.S.C. 304 to file a shown that the newly filed can be issued ‘‘even though the Office ‘‘reply’’ prior to the examination stage if reexamination request was filed: (1) by action being issued is the first action on the patent owner files a statement under the same real party in interest who filed the merits.’’ It is argued that if a request 35 U.S.C. 304, that is the only paper a previous request (rather than another for reexamination does not present prior directed to the merits of the proceeding party who wishes to approach the issue art printed publications and patents that authorized to a requester that files an ex in its own way), and (2) without provide a prima facie case of parte reexamination. providing a new issue in the form of unpatentability (or come ‘‘exceedingly Comment 4: One comment points out new art or viewing art previously close’’ to it), then the Office should not that a reexamination requester may applied in the reexamination have issued an order for reexamination ‘‘piggyback’’ a second or subsequent proceeding in a new light. If a bona fide in the first place, but rather should have reexamination onto an ongoing new issue is, however, raised by the denied the request (and thus the first reexamination proceeding with the later request, public policy dictates that Office action stage should not be possibility of merged proceedings and the substance of the later request be reached). Stated another way, it is thus thwart a final rejection being made considered and applied in order to argued that finding all the claims as the second action in the ongoing resolve the new issue such that only patentable over the art at the first action reexamination, with a first Office action valid patent claims result from the stage should be inconsistent with then being issued for the merged reexamination proceeding. ordering reexamination based on such proceeding. The commenter further Comment 5: One comment raises a art. notes that a requester could ‘‘hamstring concern that there is no express Response: A finding that all of the a reexamination proceeding to keep a requirement in § 1.953 for an examiner claims are patentable over the art at the case bottled up in the examining corps to set forth grounds for not making any first action stage is not inconsistent with forever’’ by filing multiple requests for third party proposed rejections (as is the prior order of reexamination based reexamination based on the same required in existing § 1.949) upon a on such art. See MPEP 2240. The initial patent. determination of patentability of all decision on a request for reexamination Response: Section 2283 of the Manual claims. is based upon whether or not a of Patent Examining Procedure states Response: Initially, it is noted that ‘‘substantial new question of § 1.953 (c) states ‘‘The Right of Appeal that: patentability’’ is raised by the art (the Notice shall be a final action, which patents and/or printed publications). Once the files are returned to the examiner comprises a final rejection setting forth See id. Where a finding is made that a for issuance of an Office action, the examiner each ground of rejection and/or final substantial new question of should prepare an Office action at the most decision favorable to patentability advanced point possible for the first patentability has been raised, the proceeding. Thus, if the first proceeding is including each determination not to examiner has only determined that there ready for a final rejection and the second make a proposed rejection, an is a ‘‘substantial likelihood’’ that a proceeding does not provide any new identification of the status of each reasonable examiner would consider the information which would call for a new claim, and the reasons for decisions art of record important in deciding ground of rejection, the examiner should favorable to patentability and/or the whether or not the claims are issue a final rejection for the merged grounds of rejection for each claim’’. patentable. See MPEP 2242. After proceeding using the guidelines for the Thus, the commenter’s concern is in fact reexamination has been ordered, it is prosecution stage set forth below. addressed in the rule. then determined, in the examination See Manual of Patent Examining It is also noted that in any Office stage of the proceeding, whether or not Procedure § 2283 (8th. ed. 2001) (Rev. 1, action (in an inter partes reexamination) the claims are patentable over the art. Feb. 2003) (MPEP). where an examiner declines to adopt a See MPEP 2240. At the time when the Thus, the examiner is directed to, rejection proposed by a third party first Office action is issued, if one or where possible, prepare an Office action requester, the examiner must explicitly more claims are not patentable over the at the most advanced point possible for identify the proposed rejection, state art, the claims will be rejected based on the ongoing (first) proceeding, which in that the proposed rejection is not that art. If claims are found patentable the commenter’s scenario is the final adopted, and set forth grounds for not over the art, the action will state that rejection stage. If, however, a new issue adopting the proposed rejection. This finding (and supporting reasons). A (e.g., new art, combining the old art a will be covered in a new chapter of the decision that all the claims are new way, or new evidence) that MPEP which will be directed to inter patentable at this point does not negate precludes a final rejection is raised by partes reexamination. It is noted, the initial finding that a substantial new the later request, a final rejection would however, that if the third party requester question of patentability was raised by not be issued. In that instance, public then fails to address and contest the the art, because reexamination will be policy dictates that the substance of the refusal to adopt the proposed rejection ordered as long as a reasonable

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examiner would consider the art of confirmed patent claim shall be the statute, since it provides the record important in deciding whether or reassessed.’’ Thus, the commenter requester with the rights provided by not the claims are patentable; there is no believes that the statute provides the statute to comment if and only if the requirement that the claims be prima third party requester with a right to patent owner responds to the Action facie obvious over the art. The Federal address the finding of claims patentable Closing Prosecution. Circuit has specifically indicated that: during the examination stage of the inter In conclusion, the inter partes third The inquiry occasioned by a request for partes reexamination proceeding. party requester of reexamination is reexamination is solely whether a Response: 35 U.S.C. 132(a) reads in permitted by statute only to comment reexamination order should issue and is not part: ‘‘Whenever, on examination, any pursuant to 35 U.S.C. 314(b)(2) if the directed toward resolution of validity. The claim for a patent is rejected, or any patent owner responds to an Office requestor’s burden is simply to show a basis objection or requirement made, the action, and to appeal and participate in for issuance of the order, a burden unrelated Director shall notify the applicant appeals pursuant to 35 U.S.C. 315(b). No to that assigned in [35 U.S.C.] 282. A refusal thereof, stating the reasons for such further participation in an inter partes of reexamination leaves untouched the [35 rejection, or objection or requirement, reexamination proceeding is authorized U.S.C.] 282 presumption to which the patent is entitled in the courtroom. together with such information and by 35 U.S.C. chapter 31. references as may be useful in judging Rule Making Considerations See In re Etter, 756 F.2d 852, 857 n.5, of the propriety of continuing the 225 USPQ 1, 4 n.5 (Fed. Cir. 1985). prosecution of his application; and if Administrative Procedure Act: The It is also noted that the third party after receiving such notice, the changes in this notice conform the requester is not entitled (under 35 applicant persists in his claim for a patent-related rules of practice in 37 U.S.C. 315(b)) to appeal a finding of patent, with or without amendment, the CFR to the changes to title 35 U.S.C. claim patentability in situations in application shall be reexamined’’. 35 contained in Public Law 107–273. which the Director does not issue a U.S.C. 132(a) provides for an applicant’s Therefore, these changes involve determination pursuant to 35 U.S.C. 312 opportunity to participate in an interpretive rules or rules of agency and 313 that a substantial new question application, and by virtue of the practice and procedure under 5 U.S.C. of patentability has been presented. See incorporation of 35 U.S.C. 132(a) into 35 553(b)(A). See Bachow Communications 35 U.S.C. 312(c) (a determination made U.S.C. 314(a), it also provides for a Inc. v. FCC, 237 F.3d 683, 690 (D.C. Cir. under 35 U.S.C. 312(a) by the Director patent owner’s opportunity to 2001); Paralyzed Veterans of America v. on the request for reexamination is participate during the examination stage West 138 F.3d 1434, 1436 (Fed. Cir. ‘‘final and non-appealable’’). Refusing to of the inter partes reexamination 1998); and Komjathy v. National order reexamination where a substantial proceeding. 35 U.S.C. 132(a), by virtue Transportation Safety Board, 832 F.2d new question has been found to be of its incorporation into 35 U.S.C. 1294, 1296–97 (D.C. Cir. 1987). present, but all the claims are found to 314(a), does not confer any participation Therefore, prior notice and opportunity be patentable over the art, would rights on a third party requester. for public comment are not required deprive the requester of the right to Further, 35 U.S.C. 314(b)(2) states: pursuant to 5 U.S.C. 553(b) or (c) (or any appeal the finding of claim patentability ‘‘Each time that the patent owner files other law). (under 35 U.S.C. 315(b)). a response to an action on the merits Regulatory Flexibility Act: As prior Comment 7: One comment suggests from the Patent and Trademark Office, notice and an opportunity for public that the policy of issuing an Action the third-party requester shall have one comment are not required pursuant to 5 Closing Prosecution (or Right of Appeal opportunity to file written comments U.S.C. 553 (or any other law), an initial Notice) as the first action on the merits addressing issues raised by the action of regulatory flexibility analysis under the where all claims are patentable may be the Office or the patent owner’s Regulatory Flexibility Act (5 U.S.C. 601 ‘‘contrary to the letter of the law.’’ The response thereto, if those written et seq.) is not required. See 5 U.S.C. 603. comment notes that according to 35 comments are received by the Office Executive Order 13132: This rule U.S.C. 314(a), ‘‘reexamination shall be within 30 days after the date of service making does not contain policies with conducted according to the procedures of the patent owner’s response’’. The federalism implications sufficient to established for initial examination third party requester may file a paper warrant preparation of a Federalism under the provisions of sections 132 and during the examination stage of the inter Assessment under Executive Order 133.’’ These sections (35 U.S.C. 132 and partes reexamination proceeding if, and 13132 (Aug. 4, 1999). 133) are directed to prosecution before only if, the patent owner files a response Executive Order 12866: This rule the examiner and not proceedings on to an Office action. Thus, the third party making has been determined to be not appeal to the BPAI. The comment urges requester is precluded by statute from significant for purposes of Executive that 35 U.S.C. 132(a) indicates that participation in the examination stage of Order 12866 (Sept. 30, 1993). ‘‘each interested party shall get two the inter partes reexamination Paperwork Reduction Act: This notice bites at the apple. By analogy to initial proceeding if the patent owner fails to involves information collection examination, 35 U.S.C. 132(a) should be respond to all Office actions issued. requirements which are subject to construed, in the context of inter partes Thus, contrary to the commenter’s review by the Office of Management and reexamination, to loosely read: argument, the third party requester Budget (OMB) under the Paperwork ‘‘Whenever, on reexamination, any certainly is not ensured of the Reduction Act of 1995 (44 U.S.C. 3501 claim in a patent is confirmed to be opportunity to participate during the et seq.). The collections of information patentable, the Director shall notify the examination stage of the inter partes involved in this notice have been Third Party Requester thereof, stating reexamination proceeding. It is only the reviewed and previously approved by the reasons for such confirmation, requester’s right to appeal any rejection OMB under OMB control numbers: together with such information and proposed and not adopted that is 0651–0021, 0651–0031, 0651–0032, and references as may be useful in judging ensured by the statute. 0651–0033. The United States Patent of the propriety of continuing the As a final point, issuance of an Action and Trademark Office is not Reexamination of the patent; and if after Closing Prosecution as the first action resubmitting any information collection receiving such notice, the Third Party on the merits (where all claims are to OMB for its review and approval, Requester persists, the previously- patentable) is entirely consistent with because the changes in this notice do

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not affect the information collection Needs and Uses: During the Estimated Time Per Response: 1.8 requirements associated with the processing of an application for a minutes to 2 hours. information collection under these OMB patent, the applicant/agent may be Estimated Total Annual Burden control numbers. required or desire to submit additional Hours: 63,640 hours. The title, description and respondent information to the Office concerning the description of each of the information examination of a specific application. Needs and Uses: This collection of collections are shown below with an The specific information required or information is required to administer estimate of each of the annual reporting which may be submitted includes: the patent laws pursuant to Title 35, burdens. Included in each estimate is Information Disclosure Statements; U.S.C., concerning the issuance of the time for reviewing instructions, Terminal Disclaimers; Petitions to patents and related actions including gathering and maintaining the data Revive; Express Abandonments; Appeal correcting errors in printed patents, needed, and completing and reviewing Notices; Petitions for Access; Powers to refiling of patent applications, the collection of information. The Inspect; Certificates of Mailing or requesting reexamination of a patent, changes in this notice conform the Transmission; Statements under and requesting a reissue patent to patent-related rules of practice in 37 § 3.73(b); Amendments, Petitions and correct an error in a patent. The affected CFR to the changes to title 35 U.S.C. their Transmittal Letters; and Deposit public includes any individual or contained in Public Law 107–273. Account Order Forms. institution whose application for a OMB Number: 0651–0021. OMB Number: 0651–0032. patent has been allowed or who takes Title: Patent Cooperation Treaty. Title: Initial Patent Application. action as covered by the applicable Form Numbers: PCT/RO/101, PCT/ Form Number: PTO/SB/01–07, PTO/ rules. RO/134, PCT/RO/144, PTO–1382, PCT/ SB/13PCT, PTO/SB/16–19, PTO/SB/29 Comments are invited on: (1) Whether IPEA/401, PCT/IB/328, PCT/SB/61/PCT, and 29A, PTO/SB/101–110. the collection of information is PCT/SB/64/PCT. Type of Review: Approved through Type of Review: Approved through July of 2006. necessary for proper performance of the December of 2003. Affected Public: Individuals or functions of the agency; (2) the accuracy Affected Public: Individuals or Households, Business or Other For- of the agency’s estimate of the burden; Households, Business or Other For- Profit Institutions, Not-For-Profit (3) ways to enhance the quality, utility, Profit Institutions, Not-for-Profit Institutions, Farms, Federal and clarity of the information to be Institutions, Farms, Federal Government Government, and State, Local, or Tribal collected; and (4) ways to minimize the and State, Local and Tribal Governments. burden of the collection of information Governments. Estimated Number of Respondents: to respondents. Estimated Number of Respondents: 454,287. Interested persons are requested to 331,407. Estimated Time Per Response: 22 send comments regarding these Estimated Time Per Response: minutes to 10 hours and 45 minutes. information collections, including Between 15 minutes and 4 hours. Estimated Total Annual Burden suggestions for reducing this burden, to Estimated Total Annual Burden Hours: 4,171,568 hours. Robert J. Spar, Director, Office of Patent Needs and Uses: The purpose of this Hours: 401,202. Legal Administration, United States Needs and Uses: The information information collection is to permit the Patent and Trademark Office, P.O. Box collected is required by the Patent Office to determine whether an Cooperation Treaty (PCT). The general application meets the criteria set forth 1450, Alexandria, Virginia, 22313–1450, purpose of the PCT is to simplify the in the patent statute and regulations. or to the Office of Information and filing of patent applications on the same The standard Fee Transmittal form, New Regulatory Affairs, Office of invention in different countries. It Utility Patent Application Transmittal Management and Budget, New provides for a centralized filing form, New Design Patent Application Executive Office Building, Room 10235, procedure and a standardized Transmittal form, New Plant Patent 725 17th Street, NW., Washington, DC application format. Application Transmittal form, 20503, Attention: Desk Officer for the OMB Number: 0651–0031. Declaration, Provisional Application Patent and Trademark Office. Title: Patent Processing (Updating). Cover Sheet, and Plant Patent Notwithstanding any other provision Form Numbers: PTO/SB/08A, PTO/ Application Declaration will assist of law, no person is required to respond SB/08B, PTO/SB/21–27, PTO/SB/30–32, applicants in complying with the to nor shall a person be subject to a PTO/SB/35–37, PTO/SB/42–43, PTO/ requirements of the patent statute and penalty for failure to comply with a SB/61–64, PTO/SB/67–68, PTO/SB/91– regulations, and will further assist the collection of information subject to the 92, PTO/SB/96–97, PTO–2053–A/B, Office in processing and examination of requirements of the Paperwork PTO–2054–A/B, PTO–2055–A/B, the application. Reduction Act unless that collection of PTOL–413A, eIDS, EFS form. OMB Number: 0651–0033. information displays a currently valid Type of Review: Approved through Title: Post Allowance and Refiling. OMB control number. July of 2006. Form Numbers: PTO/SB/44, PTO/SB/ Affected Public: Individuals or 50–51, PTO/SB/51S, PTO/SB/52–53, List of Subjects Households, Business or Other For- PTO/SB/55–58, PTOL–85B. 37 CFR Part 1 Profit Institutions, Not-for-Profit Type of Review: Approved through Institutions, Farms, Federal Government January of 2004. Administrative practice and and State, Local and Tribal Affected Public: Individuals or procedure, Courts, Freedom of Governments. Households, Business or Other For- Information, Inventions and patents, Estimated Number of Respondents: Profit Institutions, Not-For-Profit Reporting and recordkeeping 2,208,339. Institutions, Farms, State, Local and requirements, Small Businesses. Estimated Time Per Response: 1 Tribal Governments, and Federal minute 48 seconds to 8 hours. Government. ■ For the reasons set forth in the Estimated Total Annual Burden Estimated Number of Respondents: preamble, 37 CFR part 1 is amended as Hours: 830,629 hours. 205,480. follows:

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PART 1—RULES OF PRACTICE IN § 1.78 Claiming benefit of earlier filing date (3) Appeals to the Board of Patent PATENT CASES and cross-references to other applications. Appeals and Interferences in inter (a) * * * partes reexamination proceedings filed ■ 1. The authority citation for 37 CFR (3) If the reference required by 35 under § 1.913 are controlled by §§ 1.959 part 1 continues to read as follows: U.S.C. 120 and paragraph (a)(2) of this through 1.981. Sections 1.191 through Authority: 35 U.S.C. 2(b)(2). section is presented after the time 1.198 are not applicable to appeals in ■ 2. Section 1.1 is amended by revising period provided by paragraph (a)(2)(ii) inter partes reexamination proceedings paragraph (c) to read: of this section, the claim under 35 filed under § 1.913. U.S.C. 120, 121, or 365(c) for the benefit * * * * * § 1.1 Addresses for non-trademark of a prior-filed copending ■ correspondence with the United States nonprovisional application or 7. Section 1.197 is amended by Patent and Trademark Office. international application designating revising paragraph (c) to read as follows: * * * * * the United States of America may be § 1.197 Action following decision. (c) For reexamination proceedings. (1) accepted if the reference identifying the * * * * * Requests for ex parte reexamination prior-filed application by application (original request papers only) should be number or international application (c) Termination of proceedings. (1) additionally marked ‘‘Mail Stop Ex number and international filing date Proceedings are considered terminated parte Reexam.’’ was unintentionally delayed. A petition by the dismissal of an appeal or the failure to timely file an appeal to the (2) Requests for inter partes to accept an unintentionally delayed court or a civil action (§ 1.304) except: reexamination (original request papers) claim under 35 U.S.C. 120, 121, or and all subsequent inter partes 365(c) for the benefit of a prior-filed (i) Where claims stand allowed in an reexamination correspondence filed in application must be accompanied by: application; or the Office, other than correspondence to (i) The reference required by 35 U.S.C. (ii) Where the nature of the decision the Office of the General Counsel 120 and paragraph (a)(2) of this section requires further action by the examiner. pursuant to § 1.1(a)(3) and § 1.302(c), to the prior-filed application, unless (2) The date of termination of should be additionally marked ‘‘Mail previously submitted; proceedings is the date on which the Stop Inter partes Reexam.’’ (ii) The surcharge set forth in § 1.17(t); appeal is dismissed or the date on * * * * * and which the time for appeal to the Court (iii) A statement that the entire delay ■ or review by civil action (§ 1.304) 3. Section 1.13 is amended by revising between the date the claim was due paragraph (b) to read: expires. If an appeal to the Court or a under paragraph (a)(2)(ii) of this section civil action has been filed, proceedings § 1.13 Copies and certified copies. and the date the claim was filed was are considered terminated when the * * * * * unintentional. The Director may require appeal or civil action is terminated. An additional information where there is a (b) Certified copies of patents, patent appeal to the U.S. Court of Appeals for question whether the delay was application publications, and trademark the Federal Circuit is terminated when unintentional. registrations and of any records, books, the mandate is issued by the Court. A papers, or drawings within the * * * * * civil action is terminated when the time jurisdiction of the United States Patent ■ 6. Section 1.191 is amended by to appeal the judgment expires. and Trademark Office and open to the revising paragraph (a) to read as follows: ■ 8. Section 1.301 is revised to read as public or persons entitled thereto will § 1.191 Appeal to Board of Patent Appeals follows: be authenticated by the seal of the and Interferences. United States Patent and Trademark § 1.301 Appeal to U.S. Court of Appeals for Office and certified by the Director, or (a)(1) Every applicant for a patent or the Federal Circuit. for reissue of a patent, and every owner in his or her name, upon payment of the Any applicant, or any owner of a fee for the certified copy. of a patent involved in an ex parte reexamination proceeding filed under patent involved in any ex parte ■ 4. Section 1.14 is amended by revising § 1.510 before November 29, 1999, any reexamination proceeding filed under paragraph (g)(2) to read as follows: of whose claims has been twice or § 1.510, dissatisfied with the decision of finally (§ 1.113) rejected, may appeal the Board of Patent Appeals and § 1.14 Patent applications preserved in Interferences, and any party to an confidence. from the decision of the examiner to the Board of Patent Appeals and interference dissatisfied with the * * * * * decision of the Board of Patent Appeals (g) * * * Interferences by filing a notice of appeal and the fee set forth in § 1.17(b) within and Interferences, may appeal to the (2) A copy of an English language the time period for reply provided U.S. Court of Appeals for the Federal translation of a publication of an under §§ 1.134 and 1.136 (for Circuit. The appellant must take the international application which has applications) or § 1.550(c) (for ex parte following steps in such an appeal: In the been filed in the United States Patent reexamination proceedings). U. S. Patent and Trademark Office, file and Trademark Office pursuant to 35 (2) Every owner of a patent involved a written notice of appeal directed to the U.S.C. 154(d)(4) will be furnished upon in an ex parte reexamination proceeding Director (see §§ 1.302 and 1.304); and in written request including a showing that filed under § 1.510 on or after November the Court, file a copy of the notice of the publication of the application in 29, 1999, any of whose claims has been appeal and pay the fee for appeal as accordance with PCT Article 21(2) has finally (§ 1.113) rejected, may appeal provided by the rules of the Court. For occurred and that the U.S. was from the decision of the examiner to the appeals by patent owners and third designated, and upon payment of the Board of Patent Appeals and party requesters in inter partes appropriate fee (§ 1.19(b)(4)). Interferences by filing a notice of appeal reexamination proceedings filed under * * * * * and the fee set forth in § 1.17(b) within § 1.913, § 1.983 is controlling. ■ 5. Section 1.78 is amended by revising the time period for reply provided ■ 9. Section 1.302 is revised to read as paragraph (a)(3) to read as follows: under §§ 1.134 and 1.550(c). follows:

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§ 1.302 Notice of appeal. provided under § 1.197(b) or § 1.658(b), the international application under PCT (a) When an appeal is taken to the the time for filing an appeal or Rule 4.17(iv) within the time limits U.S. Court of Appeals for the Federal commencing a civil action shall expire provided for in PCT Rule 26ter.1, Circuit, the appellant shall give notice two months after action on the request. applicant will be so notified and given thereof to the Director within the time If a request for rehearing or a period of time within which to file the specified in § 1.304. reconsideration of the decision is filed translation and/or oath or declaration in (b) In interferences, the notice must be within the time period provided under order to prevent abandonment of the served as provided in § 1.646. § 1.979(a), the time for filing an appeal application. The payment of the (c) In ex parte reexamination shall expire two months after action on processing fee set forth in § 1.492(f) is proceedings, the notice must be served the last such request. required for acceptance of an English as provided in § 1.550(f). (i) In interferences, the time for filing translation later than the expiration of (d) In inter partes reexamination a cross-appeal or cross-action expires: thirty months after the priority date. The proceedings, the notice must be served (A) Fourteen days after service of the payment of the surcharge set forth in as provided in § 1.903. notice of appeal or the summons and § 1.492(e) is required for acceptance of (e) Notices of appeal directed to the complaint; or the oath or declaration of the inventor Director shall be mailed to or served by (B) Two months after the date of later than the expiration of thirty hand on the General Counsel as decision of the Board of Patent Appeals months after the priority date. A provided in § 104.2. and Interferences, whichever is later. ‘‘Sequence Listing’’ need not be (ii) In inter partes reexaminations, the translated if the ‘‘Sequence Listing’’ ■ 10. Section 1.303 is amended by time for filing a cross-appeal expires: complies with PCT Rule 12.1(d) and the revising paragraphs (a), (b), and (d) to (A) Fourteen days after service of the description complies with PCT Rule read as follows: notice of appeal; or 5.2(b). (B) Two months after the date of § 1.303 Civil action under 35 U.S.C. 145, * * * * * 146, 306. decision of the Board of Patent Appeals (g) The documents and fees submitted and Interferences, whichever is later. (a) Any applicant, or any owner of a under paragraphs (b) and (c) of this patent involved in an ex parte * * * * * section must be clearly identified as a reexamination proceeding filed before ■ 12. Section 1.417 is revised to read as submission to enter the national stage November 29, 1999, dissatisfied with follows: under 35 U.S.C. 371. Otherwise, the the decision of the Board of Patent submission will be considered as being § 1.417 Submission of translation of made under 35 U.S.C. 111(a). Appeals and Interferences, and any international publication. party to an interference dissatisfied with * * * * * The submission of an English the decision of the Board of Patent ■ language translation of the publication 14. Section 1.913 is revised to read as Appeals and Interferences may, instead of an international application pursuant follows: of appealing to the U.S. Court of to 35 U.S.C. 154(d)(4) must clearly Appeals for the Federal Circuit (§ 1.301), § 1.913 Persons eligible to file request for identify the international application to have remedy by civil action under 35 inter partes reexamination. which it pertains (§ 1.5(a)) and be U.S.C. 145 or 146, as appropriate. Such Except as provided for in § 1.907, any clearly identified as a submission civil action must be commenced within person other than the patent owner or pursuant to 35 U.S.C. 154(d)(4). the time specified in § 1.304. its privies may, at any time during the Otherwise, the submission will be (b) If an applicant in an ex parte case, period of enforceability of a patent treated as a filing under 35 U.S.C. or an owner of a patent involved in an which issued from an original 111(a). Such submissions should be ex parte reexamination proceeding filed application filed in the United States on marked ‘‘Mail Stop PCT.’’ before November 29, 1999, has taken an or after November 29, 1999, file a ■ appeal to the U.S. Court of Appeals for 13. Section 1.495 is amended by request for inter partes reexamination the Federal Circuit, he or she thereby revising paragraphs (c) and (g) to read as by the Office of any claim of the patent waives his or her right to proceed under follows: on the basis of prior art patents or 35 U.S.C. 145. printed publications cited under § 1.495 Entering the national stage in the § 1.501. * * * * * United States of America. ■ 15. Section 1.959 is amended by (d) For an ex parte reexamination * * * * * adding a new paragraph (f) to read as proceeding filed on or after November (c) If applicant complies with follows: 29, 1999, and for any inter partes paragraph (b) of this section before reexamination proceeding, no remedy expiration of thirty months from the § 1.959 Notice of appeal and cross appeal by civil action under 35 U.S.C. 145 is priority date but omits either a to Board of Patent Appeals and available. translation of the international Interferences in inter partes reexamination. ■ 11. Section 1.304 is amended by application, as filed, into the English * * * * * revising paragraph (a)(1) to read as language, if the international (f) If a notice of appeal or cross appeal follows: application was originally filed in is timely filed but does not comply with another language and if any English any requirement of this section, § 1.304 Time for appeal or civil action. language translation of the publication appellant will be notified of the reasons (a)(1) The time for filing the notice of of the international application for non-compliance and provided with appeal to the U.S. Court of Appeals for previously submitted under 35 U.S.C. a non-extendable period of one month the Federal Circuit (§ 1.302) or for 154(d) (§ 1.417) is not also a translation within which to file an amended notice commencing a civil action (§ 1.303) is of the international application as filed of appeal or cross appeal. If the two months from the date of the (35 U.S.C. 371(c)(2)), or the oath or appellant does not then file an amended decision of the Board of Patent Appeals declaration of the inventor (35 U.S.C. notice of appeal or cross appeal within and Interferences. If a request for 371(c)(4) and § 1.497), if a declaration of the one-month period, or files a notice rehearing or reconsideration of the inventorship in compliance with § 1.497 which does not overcome all the reasons decision is filed within the time period has not been previously submitted in for non-compliance stated in the

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notification of the reasons for non- to the reexamination proceeding. The appeal is dismissed, the date on which compliance, that appellant’s appeal or names and addresses of the parties the time for rehearing expires, or the cross appeal will stand dismissed. served must be indicated. date on which the time for the appeal ■ 16. Section 1.965 is amended by (b) If a rebuttal brief is filed which to the U.S. Court of Appeals for the revising paragraph (d) to read as follows: does not comply with all the Federal Circuit expires. If an appeal to requirements of paragraph (a) of this the U.S. Court of Appeals for the § 1.965 Appellant’s brief in inter partes section, appellant will be notified of the Federal Circuit has been filed, the reexamination. reasons for non-compliance and appeal is considered terminated when * * * * * provided with a non-extendable period the mandate is issued by the U.S. Court (d) If a brief is filed which does not of one month within which to file an of Appeals for the Federal Circuit. Upon comply with all the requirements of amended rebuttal brief. If the appellant termination of an appeal, if no other paragraphs (a) and (c) of this section, does not file an amended rebuttal brief appeal is present, the reexamination appellant will be notified of the reasons during the one-month period, or files an proceeding will be terminated and the for non-compliance and provided with amended rebuttal brief which does not Director will issue a certificate under a non-extendable period of one month overcome all the reasons for non- § 1.997. within which to file an amended brief. compliance stated in the notification, * * * * * If the appellant does not file an that appellant’s rebuttal brief will not be ■ 21. The undesignated center heading amended brief during the one-month considered. immediately preceding § 1.983 is revised period, or files an amended brief which ■ 19. Section 1.977 is amended by to read as follows: does not overcome all the reasons for revising paragraph (g) to read as follows: non-compliance stated in the Appeal to the United States Court of notification, that appellant’s appeal will § 1.977 Decision by the Board of Patent Appeals for the Federal Circuit in Inter stand dismissed. Appeals and Interferences; remand to Partes Reexamination ■ examiner in inter partes reexamination. 17. Section 1.967 is amended by ■ 22. Section 1.983 is revised to read as * * * * * revising paragraph (c) to read as follows: follows: (g) The time period set forth in § 1.967 Respondent’s brief in inter partes paragraph (b) of this section is subject § 1.983 Appeal to the United States Court reexamination. to the extension of time provisions of of Appeals for the Federal Circuit in inter * * * * * § 1.956, when the patent owner is partes reexamination. (c) If a respondent’s brief is filed responding under paragraph (b)(1) of (a) The patent owner or third party which does not comply with all the this section. The time period set forth in requester in an inter partes requirements of paragraphs (a) and (b) of paragraph (b) of this section may not be reexamination proceeding who is a this section, respondent will be notified extended when the patent owner is party to an appeal to the Board of Patent of the reasons for non-compliance and responding under paragraph (b)(2) of Appeals and Interferences and who is provided with a non-extendable period this section. The time periods set forth dissatisfied with the decision of the of one month within which to file an in paragraphs (c) and (e) of this section Board of Patent Appeals and amended brief. If the respondent does may not be extended. Interferences may, subject to § 1.979(e), not file an amended brief during the ■ 20. Section 1.979 is amended by appeal to the U.S. Court of Appeals for one-month period, or files an amended revising paragraphs (e) and (f) to read as the Federal Circuit and may be a party brief which does not overcome all the follows: to any appeal thereto taken from a reasons for non-compliance stated in the reexamination decision of the Board of notification, the respondent brief will § 1.979 Action following decision by the Patent Appeals and Interferences. not be considered. Board of Patent Appeals and Interferences (b) The appellant must take the ■ 18. Section 1.971 is revised to read as or dismissal of appeal in inter partes following steps in such an appeal: reexamination. follows: (1) In the U.S. Patent and Trademark * * * * * Office, timely file a written notice of § 1.971 Rebuttal brief in inter partes (e) The parties to an appeal to the appeal directed to the Director in reexamination. Board of Patent Appeals and accordance with §§ 1.302 and 1.304; (a) Within one month of the Interferences may not appeal to the U.S. (2) In the U.S. Court of Appeals for examiner’s answer in an inter partes Court of Appeals for the Federal Circuit the Federal Circuit, file a copy of the reexamination appeal, any appellant under § 1.983 until all parties’ rights to notice of appeal and pay the fee, as may once file a rebuttal brief in request rehearing have been exhausted, provided for in the rules of the U.S. triplicate. The rebuttal brief of the at which time the decision of the Board Court of Appeals for the Federal Circuit; patent owner may be directed to the of Patent Appeals and Interferences is and examiner’s answer and/or any final and appealable by any party to an (3) Serve a copy of the notice of respondent brief. The rebuttal brief of appeal to the Board of Patent Appeals appeal on every other party in the any third party requester may be and Interferences who is dissatisfied reexamination proceeding in the directed to the examiner’s answer and/ with the final decision of the Board of manner provided in § 1.248. or the respondent brief of the patent Patent Appeals and Interferences. (c) If the patent owner has filed a owner. The rebuttal brief of a third party (f) An appeal to the Board of Patent notice of appeal to the U.S. Court of requester may not be directed to the Appeals and Interferences by a party is Appeals for the Federal Circuit, the respondent brief of any other third party considered terminated by the dismissal third party requester may cross appeal requester. No new ground of rejection of that party’s appeal, the failure of the to the U.S. Court of Appeals for the may be proposed by a third party party to timely request rehearing under Federal Circuit if also dissatisfied with requester. The time for filing a rebuttal § 1.979(a) or (c), or the failure of the the decision of the Board of Patent brief may not be extended. The rebuttal party to timely file an appeal to the U.S. Appeals and Interferences. brief must include a certification that a Court of Appeals for the Federal Circuit (d) If the third party requester has copy of the rebuttal brief has been under § 1.983. The date of such filed a notice of appeal to the U.S. Court served in its entirety on all other parties termination is the date on which the of Appeals for the Federal Circuit, the

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patent owner may cross appeal to the ACTION: Final rule; amendments. (919) 541–0102 or by e-mail U.S. Court of Appeals for the Federal [email protected]. SUMMARY: The EPA is taking final action Circuit if also dissatisfied with the SUPPLEMENTARY INFORMATION: decision of the Board of Patent Appeals to approve a correction to the mobile and Interferences. source provisions of EPA’s regional haze Regulated Entities (e) A party electing to participate in rule. This correction is consistent with Entities potentially regulated by this an appellant’s appeal must, within recommendations of the Western action are nine States in the Western fourteen days of service of the Regional Air Partnership (WRAP). The United States (Arizona, California, appellant’s notice of appeal under amendments to the rule are intended to Colorado, Idaho, Nevada, New Mexico, paragraph (b) of this section, or notice address an emissions projection Oregon, Utah and Wyoming) and Indian of cross appeal under paragraphs (c) or scenario for mobile sources which was tribes within that same geographic area. (d) of this section, take the following not addressed when EPA published the This final action, and an earlier action steps: regional haze rule in 1999. taken by EPA in 1999, provides these (1) In the U.S. Patent and Trademark EFFECTIVE DATE: This final rule is States and tribes with an optional Office, timely file a written notice effective February 20, 2004. program to protect visibility in federally directed to the Director electing to protected scenic areas. The portion of ADDRESSES: The EPA has established an participate in the appellant’s appeal to the program addressed by today’s final official public docket for this action the U.S. Court of Appeals for the rule is a program for tracking of mobile under Docket No. OAR–2002–0076. The Federal Circuit by mail to, or hand source emissions under the 1999 rule. service on, the General Counsel as official public docket consists of the provided in § 104.2; documents specifically referenced in Outline (2) In the U.S. Court of Appeals for this action, any public comments The contents of today’s preamble are the Federal Circuit, file a copy of the received, and other information related listed in the following outline. notice electing to participate in to this action. Although a part of the accordance with the rules of the U.S. official docket, the public docket does I. Background not include confidential business A. What Is the Regional Haze Rule? Court of Appeals for the Federal Circuit; B. What Are the Special Provisions for and information or other information whose Western States and Eligible Indian Tribes (3) Serve a copy of the notice electing disclosure is restricted by statute. The in 40 CFR 51.309 of the Regional Haze to participate on every other party in the official public docket is the collection of Rule? reexamination proceeding in the materials that is available for public II. Changes to the Mobile Source Provisions manner provided in § 1.248. viewing at the Air Docket in the EPA of Section 309 (f) Notwithstanding any provision of Docket Center, Room B102, 1301 A. Why Are We Changing the Mobile the rules, in any reexamination Constitution Ave., NW., Washington, Source Provisions of 40 CFR 51.309? proceeding commenced prior to DC. The EPA Docket Center Public B. What Are the Specific Changes to the November 2, 2002, the third party Reading Room is open from 8:30 a.m. to Mobile Source Provisions of 40 CFR requester is precluded from appealing 51.309? 4:30 p.m., Monday through Friday, C. What Comments Did We Receive on the and cross appealing any decision of the excluding legal holidays. The telephone Proposed Rule and What Is Our Board of Patent Appeals and number for the Reading Room is (202) Response? Interferences to the U.S. Court of 566–1744, and the telephone number for III. Statutory and Executive Order Reviews Appeals for the Federal Circuit, and the the Air Docket is (202) 566–1742. A A. Executive Order 12866: Regulatory third party requester is precluded from reasonable fee may be charged for Planning and Review participating in any appeal taken by the copying. B. Paperwork Reduction Act C. Regulatory Flexibility Act patent owner to the U.S. Court of Electronic Access. You may access Appeals for the Federal Circuit. D. Unfunded Mandates Reform Act this Federal Register document E. Executive Order 13132: Federalism Dated: December 9, 2003. electronically through the EPA Internet F. Executive Order 13175: Consultation James E. Rogan, under the ‘‘Federal Register’’ listings at and Coordination With Indian Tribal Under Secretary of Commerce for Intellectual http://www.epa.gov/fedrgstr/. An Governments Property and Director of the United States electronic version of the public docket G. Executive Order 13045: Protection of Patent and Trademark Office. is available through EPA’s electronic Children From Environmental Health and Safety Risks [FR Doc. 03–31398 Filed 12–19–03; 8:45 am] public docket and comment system, EPA Dockets. You may use EPA Dockets H. Executive Order 13211: Actions That BILLING CODE 3510–16–P Significantly Affect Energy Supply, at http://www.epa.gov/edocket/ to view Distribution or Use public comments, access the index I. National Technology Transfer ENVIRONMENTAL PROTECTION listing of the contents of the official Advancement Act AGENCY public docket, and to access those J. Executive Order 12898: Federal Actions documents in the public docket that are To Address Environmental Justice in 40 CFR Part 51 available electronically. Although not Minority Populations and Low-Income all docket materials may be available Populations [FRL–7601–4] electronically, you may still access any K. Congressional Review Act RIN 2060–AL80 of the publicly available docket IV. Statutory Provisions and Legal Authority materials through the docket facility I. Background Revisions to the Regional Haze Rule identified above. Once in the system, To Correct Mobile Source Provisions select ‘‘search,’’ then key in the docket A. What Is the Regional Haze Rule? in Optional Program for Nine Western identification number, OAR–2002–0076. States and Eligible Indian Tribes Section 169(A) of the Clean Air Act FOR FURTHER INFORMATION CONTACT: Within That Geographic Area If (CAA) establishes a national goal for you would like further information protecting visibility in federally- AGENCY: Environmental Protection about this rule, contact Kathy Kaufman, protected scenic areas. These ‘‘Class I’’ Agency (EPA). Integrated Policies and Strategies Group, areas include national parks and

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wilderness areas. The national visibility of the GCVTC’s recommendations into 2. What Is the Basis for the New goal is to remedy existing impairment specific regulatory language. The EPA Provisions? and prevent future impairment in these issued a Notice of Availability during Since the GCVTC made its Class I areas, consistent with the the fall of 1998 requesting further recommendations, new developments requirements of sections 169A and 169B comment on the WGA’s proposal and a have caused mobile source emissions of the CAA. draft set of regulatory language based projections to change significantly. Over Regional haze is a type of visibility upon the WGA’s recommendations. the past few years, we have promulgated impairment caused by air pollutants Based on the comments received on this a series of new emissions standards for emitted by numerous sources across a Federal Register action, EPA developed several different engine types, as well as broad region. The EPA uses the term the provisions set forth in 40 CFR new standards for diesel fuel content.3 regional haze to distinguish this type of As a result of these new standards, the visibility problem from those which are 51.309 that allow the nine Transport Region States and eligible tribes within WRAP, using EPA’s latest models,4 now more local in nature. In 1999, EPA projects a significant decline in mobile issued a regional haze rule requiring that geographic area to implement many of the GCVTC recommendations within source emissions throughout the region States to develop implementation plans during the 2003–2018 time period that will make ‘‘reasonable progress’’ the framework of the national regional haze rule. covered by the section 309 plans, toward the national visibility goal (64 particularly from on-road mobile FR 35714, July 1, 1999). The first State The provisions in 40 CFR 51.309 sources. Rather than emissions being plans for regional haze are due between comprise a comprehensive long-term lowest in 2005, and subsequently rising, 2003 and 2008. The regional haze rule strategy for addressing sources that mobile source emissions for all provisions appear at 40 CFR 51.308 and contribute to visibility impairment pollutants except sulfur dioxide (SO2) 40 CFR 51.309. within this geographic region. The are expected to decline continuously B. What Are the Special Provisions for strategy addresses the time period over the course of the first regional haze Western States and Eligible Indian between the year 2003, when the planning period. Tribes in 40 CFR 51.309 of the Regional implementation plans are due,2 and the The projected trends for mobile Haze Rule? year 2018. The provisions address source emissions of SO2 differ from those of other pollutants. Emissions The regional haze rule at 40 CFR emissions from stationary sources, reductions from pollutants such as 51.308 sets forth the requirements for mobile sources, and area sources such nitrogen oxides (NO ) and particulate State implementation plans (SIPs) under as emissions from fires and windblown X matter (PM) are dependent on the regional haze program. The rule dust. technological changes to the onroad requires State plans to include visibility II. Changes to the Mobile Source fleet and to nonroad engines which are progress goals for each Class I area, as Provisions of Section 309 implemented gradually. In contrast, SO well as emissions reductions strategies 2 emissions reductions are immediately and other measures needed to meet A. Why Are We Changing the Mobile realized when the sulfur content of the these goals. The rule also provides an Source Provisions of 40 CFR 51.309? fuel changes, because emissions from optional approach, described in 40 CFR both new and existing engines 51.309, that may be followed by the 1. What Is the Basis for the Old immediately drop sharply. We have nine western States (Arizona, California, Provisions? already published stringent fuel sulfur Colorado, Idaho, Nevada, New Mexico, The GCVTC determined that mobile limits for onroad engines and have Oregon, Utah, and Wyoming) that source emissions need to be an essential proposed stringent fuel sulfur limits for comprise the transport region analyzed part of a strategy to reduce haze on the nonroad engines.5 These Federal fuel by the Grand Canyon Visibility sulfur regulations, fully implemented, Transport Commission (GCVTC) during Colorado Plateau. Therefore, one would together result in a substantial the 1990’s. This optional approach is element of the GCVTC’s strategy, as reduction in SO emissions over the also available to eligible Indian Tribes reflected in 40 CFR 51.309(d)(5), was to 2 2003—2018 planning period. within this geographic region. The address mobile sources emissions. regulatory provisions at 40 CFR 51.309 Section 309 also requires States to B. What Are the Specific Changes to the are based on the final report issued by establish a mobile source emissions Mobile Source Provisions of 40 CFR the GCVTC in 1996,1 which included a budget for each area that significantly 51.309? contributes to visibility impairment in number of recommended emissions These revisions would change 40 CFR reductions strategies designed to any of the 16 Class I areas covered by 51.309(d)(5)(i) to eliminate the improve visibility in the 16 Class I areas this section of the regulations. At the requirement for setting mobile source on the Colorado Plateau. time the GCVTC made its emissions budgets using the lowest In developing the regional haze rule, recommendations (in 1996), mobile projected level as a planning objective EPA received a number of comments on source emissions were projected to be and performance indicator for each area. the proposed rule encouraging the lowest in 2005, and to subsequently rise Instead, the new 40 CFR 51.309(d)(5)(i) Agency to recognize explicitly the work over the course of the first regional haze would substitute, as the new planning of the GCVTC. In addition, in June 1998, planning period (i.e., until 2018). objective and performance indicator, a Governor Leavitt of Utah provided Accordingly, section 309 required comments to EPA on behalf of the mobile source emissions budgets to be 3 See 62 FR 25355, (May 8, 1997); 63 FR 18978, Western Governors Association (WGA), set using the lowest projected level as a (April 16, 1998); 63 FR 56968, (October 23, 1998); further emphasizing the commitment of planning objective and performance 64 FR 73300, (December 29, 1999); 65 FR 59895, western States to implementing the (October 6, 2000); 66 FR 5001, (January 18, 2001); indicator for each area. 67 FR 68241, (November 8, 2002); and 68 FR 9745, GCVTC recommendations. The WGA’s (February 28, 2003). comments also suggested the translation 4 MOBILE6 and MOBILE6.2 for on-highway 2 Indian tribes are given the flexibility under EPA vehicles and the NON–ROAD model for nonroad 1 Recommendations for Improving Western regulations to submit implementation plans and opt vehicles. Vistas. GCVTC, June 10, 1996. into the program after the 2003 deadline. 5 See 68 FR 28327, (May 23, 2003).

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requirement for statewide inventories to lawsuit before bringing the requirements regulatory action’’ as one that is likely show a continuous decline in emissions of section 309 in line with the most to result in a rule that may: of each pollutant of concern over the recent data on mobile sources emission (1) Have an annual effect on the economy planning period. Should mobile source trends. Section 309 is currently in effect, of $100 million or more or adversely affect emissions not decline as expected, and, as explained earlier in this in a material way the economy, a sector of States would have to revise their SIPs to preamble, this change is needed by the economy, productivity, competition, jobs, include any feasible additional States and tribes who must submit the environment, public health or safety, or strategies. This new requirement section 309 SIPs to EPA by the State, local, or tribal governments or conforms to trends that are currently December 31, 2003, deadline. Without communities; projected. this change, those section 309 SIPs (2) Create a serious inconsistency or otherwise interfere with an action taken or In addition, in light of the continuous would have to contain extra work by decline in mobile source emissions planned by another agency; States to determine significance, work (3) Materially alter the budgetary impact of expected over the entire region, these that the current data shows is entitlements, grants, user fees, or loan revisions also eliminate the unneeded unnecessary. programs or the rights and obligations of requirement in 40 CFR 51.309(d)(5)(ii) In regard to comment (2), EPA does recipients thereof; or and (iii) to determine whether mobile not agree that making this change would (4) Raise novel legal or policy issues sources emissions constitute a constrain state authority in making arising out of legal mandates, the President’s significant contributor to haze in a given ‘‘reasonable progress’’ determinations. priorities, or the principles set forth in the State. The revisions retain the We do not agree with CEED that greater Executive Order. requirements for statewide inventories public input is needed from western Pursuant to the terms of Executive and performance demonstrations. States on this point; we believe by Order 12866, we have determined that Finally, the revisions contain a specifically requesting this change, the this direct final rule is not a significant backstop provision, requested by the WRAP has made it quite clear that regulatory action. WRAP, to address any potential western States (and tribes) need it. We concerns regarding SO2 from nonroad believe that CEED’s claim in comment B. Paperwork Reduction Act sources in the event that recently (3), that it is not ‘‘clear that all WRAP This action does not add any new proposed Federal standards, referenced States and tribes authorized such a requirements involving the collection of above, are not finalized. The backstop request’’, is disingenuous at best. information as defined by the provision, contained in the new 40 CFR Representatives of the WRAP have Paperwork Reduction Act, 44 U.S.C. 51.309(d)(5)(i)(B), requires States to assured us that the WRAP discussed 3501 et seq. The OMB has approved the assess the need for any long-term this request at length. The WRAP information collection requirements strategies to address SO from nonroad 2 requested this change, in writing, on contained in the final Regional Haze mobile sources by no later than behalf of its member States and tribes, regulations (64 FR 35714, July 1, 1999) December 31, 2008. In determining and we have not heard of any member and has assigned OMB control number whether to revise their SIPs to address State or tribe objecting in any way. 2060–0421 (EPA ICR No. 1813.04). A SO from mobile sources, States may 2 In regard to comment (4), we do not copy of this ICR may be obtained from consider the emissions reductions believe that removing an unneeded Susan Auby, Collection Strategies achieved—or anticipated—by any requirement from a voluntary program Division, U.S. Environmental Protection Federal standards that are in place circumvents the Arizona legislature in Agency (2822T), 1200 Pennsylvania addressing fuel sulfur content for any way. Ave., NW., Washington, DC 20460 or by nonroad engines. The Colorado Mining Association calling (202) 566–1672. C. What Comments Did We Receive on asserted that we should make available Burden means the total time, effort, or the Proposed Rule and What Is Our for public reivew the assumptions and financial resources expended by persons Response? model inputs that support our to generate, maintain, retain, or disclose projections. In regard to this comment, We received one comment letter on or provide information to or for a as noted in footnote 4 of the proposed the proposed rule, from the Center for Federal agency. This includes the time rule, the WRAP used EPA’s MOBILE6 Energy and Economic Development needed to review instructions; develop, and MOBILE6.2 models for on-highway (CEED). We also received three acquire, install, and utilize technology vehicles and the NONROAD model for comments at the public hearing—one and systems for the purposes of nonroad vehicles. The assumptions and from CEED, reiterating comments collecting, validating, and verifying model inputs for these models have provided in its letter, one from the information, processing and undergone numerous public workshops WRAP in support of this rule, and one maintaining information, and disclosing and reviews, as described in detail on from the Colorado Mining Association. and providing information; adjust the The CEED commented (1) that EPA our Web site, http://www.epa.gov/otaq/ existing ways to comply with any should fix other flaws in section 309 models/mobile6/m6wkshop.htm. previously applicable instructions and before making this change; (2) that III. Statutory and Executive Order requirements; train personnel to be able making this change now may constrain Reviews to respond to a collection of state authority in making ‘‘reasonable information; search data sources; progress’’ determinations; (3) that it is A. Executive Order 12866: Regulatory complete and review the collection of not clear that all WRAP states and tribes Planning and Review information; and transmit or otherwise have authorized the request for this Under Executive Order 12866 (58 FR disclose the information. An agency change; and (4) that this action 51735, October 4, 1993), the Agency may not conduct or sponsor, and a circumvents the recent statutory process must determine whether the regulatory person is not required to respond to a enacted by Arizona for determining action is ‘‘significant’’ and therefore collection of information unless it which regional haze path to implement. subject to Office of Management and displays a currently valid OMB control In regard to comment (1), EPA Budget (OMB) review and the number. The OMB control numbers for believes that we would be remiss in requirements of the Executive Order. EPA’s regulations are listed in 40 CFR awaiting the outcome of CEED’s current The Order defines ‘‘significant part 9 and 48 CFR chapter 15.

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C. Regulatory Flexibility Act States with areas that meet this requirements and will overall reduce The Regulatory Flexibility Act (RFA), significance criterion, to establish any regulatory burdens. Accordingly, as amended by the Small Business mobile source emissions budgets. The this rule will not result in expenditures Regulatory Enforcement Fairness Act of rule requires emissions reductions to State, local, and tribal governments, 1996 (SBREFA), 5 U.S.C. 601 et seq., consistent with the downward trend in in the aggregate, or the private sector, of generally requires an agency to prepare mobile source emission inventories that $100 million or more in any given year. a regulatory flexibility analysis of any is currently projected, based on Thus EPA is not obligated, under rule subject to notice and comment regulations that have already been section 203 of UMRA, to develop a rulemaking requirements under the promulgated. We have therefore small government agency plan. We believe that this rulemaking is not Administrative Procedure Act or any concluded that today’s rule will relieve regulatory burden for all small entities. subject to the requirements of UMRA. other statute unless the agency certifies For regional haze SIPs overall, it is that the rule will not have a significant D. Unfunded Mandates Reform Act questionable whether a requirement to economic impact on a substantial Title II of the Unfunded Mandates submit a SIP revision constitutes a number of small entities. Small entities Reform Act of 1995 (Public Law 104–4) Federal mandate, as discussed in the include small businesses, small (UMRA), establishes requirements for preamble to the regional haze rule (64 organizations, and small governmental Federal agencies to assess the effects of FR 35761, July 1, 1999). However, jurisdictions. their regulatory actions on State, local, today’s direct final rule contains no For purposes of assessing the impacts and tribal governments and the private Federal mandates (under the regulatory of today’s rulemaking on small entities, sector. Under section 202 of the UMRA, provisions of title II of the UMRA) for small entity is defined as: (1) A small 2 U.S.C. 1532, EPA generally must State, local, or tribal governments or the business that is a small industrial entity prepare a written statement, including a private sector. In addition, the program as defined in the U.S. Small Business cost-benefit analysis, for any proposed contained in 40 CFR 51.309, including Administration (SBA) size standards (as or final rule that ‘‘includes any Federal today’s revisions, is an optional discussed on the SBA Web site at http:/ mandate that may result in the program. /www.sba.gov/size/ expenditure by State, local, and tribal indextableofsize.html); (2) a small governments, in the aggregate, or by the E. Executive Order 13132: Federalism governmental jurisdiction that is a private sector, of $100,000,000 or more Executive Order 13132, entitled government of a city, county, town, * * * in any one year.’’ A ‘‘Federal ‘‘Federalism’’ (64 FR 43255, August 10, school district or special district with a mandate’’ is defined under section 1999), requires EPA to develop an population of less than 50,000; and (3) 421(6), 2 U.S.C. 658(6), to include a accountable process to ensure a small organization that is any not-for- ‘‘Federal intergovernmental mandate’’ ‘‘meaningful and timely input by State profit enterprise which is independently and a ‘‘Federal private sector mandate.’’ and local officials in the development of owned and operated and is not A ‘‘Federal intergovernmental regulatory policies that have federalism dominant in its field. mandate,’’ in turn, is defined to include implications.’’ ‘‘Policies that have After considering the economic a regulation that ‘‘would impose an federalism implications’’ is defined in impacts of today’s direct final rule on enforceable duty upon State, local, or the Executive Order to include small entities, I certify that this action tribal governments,’’ section regulations that have ‘‘substantial direct will not have a significant economic 421(5)(A)(i), 2 U.S.C. 658(5)(A)(i), effects on the States, on the relationship impact on a substantial number of small except for, among other things, a duty between the national government and entities. In determining whether a rule that is ‘‘a condition of Federal the States, or on the distribution of has a significant economic impact on a assistance,’’ section 421(5)(A)(i)(I). A power and responsibilities among the substantial number of small entities, the ‘‘Federal private sector mandate’’ various levels of government.’’ impact of concern is any significant includes a regulation that ‘‘would Under section 6(b) of Executive Order adverse economic impact on small impose an enforceable duty upon the 13132, EPA may not issue a regulation entities, since the primary purpose of private sector,’’ with certain exceptions, that has federalism implications, that the regulatory flexibility analyses is to section 421(7)(A), 2 U.S.C. 658(7)(A). imposes substantial direct compliance identify and address regulatory Before promulgating an EPA rule for costs, and that is not required by statute, alternatives ‘‘which minimize any which a written statement is needed unless the Federal government provides significant economic impact of the under section 202 of the UMRA, section the funds necessary to pay the direct proposed rule on small entities.’’ 5 205, 2 U.S.C. 1535, of the UMRA compliance costs incurred by State and U.S.C. sections 603 and 604. Thus, an generally requires EPA to identify and local governments, or EPA consults with agency may certify that a rule will not consider a reasonable number of State and local officials early in the have a significant economic impact on regulatory alternatives and adopt the process of developing a regulation. a substantial number of small entities if least costly, most cost-effective, or least Under section 6(c) of Executive Order the rule relieves regulatory burden, or burdensome alternative that achieves 13132, EPA may not issue a regulation otherwise has a positive economic effect the objectives of the rule. that has federalism implications and on all of the small entities subject to the Because the entire program under 40 that preempts State law, unless EPA rule. CFR 51.309, including today’s consults with State and local officials This rule eliminates certain amendments, is an option that each of early in the process of developing the comprehensive requirements to address the States may choose to exercise, these regulation. mobile source emissions that EPA now revisions to section 309 do not establish This rule does not have federalism considers to be unnecessary. any regulatory requirements that may implications. It will not have substantial Specifically, as discussed above, this significantly or uniquely affect small direct effects on the States, on the rule eliminates the requirements in governments, including tribal relationship between the national 51.309(5)(ii) and (iii) to determine governments. The program is not government and the States, or on the whether mobile sources emissions required and, thus is clearly not a distribution of power and constitute a significant contributor to ‘‘mandate.’’ Moreover, as explained responsibilities among the various haze in a given State, and for those above, today’s rule eliminates certain levels of government, as specified in

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Executive Order 13132. As described G. Executive Order 13045: Protection of J. Executive Order 12898: Federal above, this rule contains minor Children From Environmental Health Actions To Address Environmental revisions to section 309 of the regional and Safety Risks Justice in Minority Populations and haze rule which will reduce any Executive Order 13045: ‘‘Protection of Low-Income Populations regulatory burden on the States. In Children from Environmental Health addition, section 309 is an optional Executive Order 12898 requires that and Safety Risks’’ (62 FR 19885, April each Federal agency make achieving program for States. The minor revisions 23, 1997) applies to any rule that: (1) is environmental justice part of its mission to section 309, accordingly, do not determined to be ‘‘economically by identifying and addressing, as directly impose significant new significant’’ as defined under Executive appropriate, disproportionately high requirements on State and local Order 12866, and (2) concerns an governments. Moreover, even if today’s environmental health or safety risk that and adverse human health or environmental effects of its programs, revisions did have federalism EPA has reason to believe may have a policies, and activities on minorities implications, these revisions would not disproportionate effect on children. If and low-income populations. The impose substantial direct compliance the regulatory action meets both criteria, requirements of Executive Order 12898 costs on State or local governments, nor the Agency must evaluate the have been previously addressed to the would they preempt State law. Thus, environmental health or safety effects of extent practicable in the Regulatory Executive Order 13132 does not apply the planned rule on children, and Impact Analysis (RIA) for the regional to this rule. explain why the planned regulation is preferable to other potentially effective haze rule (cited above), particularly in Consistent with EPA policy, we and reasonably feasible alternatives chapters 2 and 9 of the RIA. Today’s nonetheless did consult with considered by the Agency. direct final rule makes no changes that representatives of State and local The EPA interprets Executive Order would have a disproportionately high governments in developing this rule. 13045 as applying only to those and adverse human health or This rule directly implements specific regulatory actions that are based on environmental effect on minorities and recommendations from the WRAP, health or safety risks, such that the low-income populations. which includes representatives from all analysis required under section 5–501 of the affected States. the Order has the potential to influence K. Congressional Review Act the regulation. This rule is not subject F. Executive Order 13175: Consultation The Congressional Review Act, 5 to Executive Order 13045 because it and Coordination With Indian Tribal U.S.C. 801 et seq., as added by the does not establish an environmental Governments SBREFA, generally provides that before standard intended to mitigate health or a rule may take effect, the agency Executive Order 13175, entitled safety risks. promulgating the rule must submit a ‘‘Consultation and Coordination with H. Executive Order 13211: Actions That rule report, which includes a copy of Indian Tribal Governments’’ (65 FR Significantly Affect Energy Supply, the rule, to each House of the Congress 67249, November 6, 2000), requires EPA Distribution or Use and to the Comptroller General of the to develop an accountable process to This rule is not subject to Executive United States. The EPA will submit a ensure ‘‘meaningful and timely input by Order 13211, ‘‘Actions that Significantly report containing this rule and other tribal officials in the development of Affect Energy Supply, Distribution, or required information to the U.S. Senate, regulatory policies that have tribal Use’’ (66 FR 28355, May 22, 2001) the U.S. House of Representatives, and implications.’’ ‘‘Policies that have tribal because it is not a significant regulatory the Comptroller General of the United implications’’ is defined in the action under Executive Order 12866. States prior to publication of the rule in Executive Order to include regulations the Federal Register. A ‘‘major rule’’ that have ‘‘substantial direct effects on I. National Technology Transfer cannot take effect until 60 days after it one or more Indian tribes, on the Advancement Act is published in the Federal Register. relationship between the Federal Section 12(d) of the National This action is not a ‘‘major rule’’ as government and the Indian tribes, or on Technology Transfer and Advancement defined by 5 U.S.C. 804(a). the distribution of power and Act of 1995 (‘‘NTTAA’’), Public Law No. IV. Statutory Provisions and Legal responsibilities between the Federal 104–113, section 12(d) (15 U.S.C. 272 Authority government and Indian tribes.’’ note) directs EPA to use voluntary consensus standards in its regulatory This rule eliminates certain Statutory authority for today’s direct activities unless to do so would be requirements and will overall reduce final rule comes from sections 169(a) inconsistent with applicable law or any regulatory burden on the tribes. and 169(b) of the CAA (42 U.S.C. otherwise impractical. Voluntary 7545(c) and (k)). These sections require Moreover, the section 309 program is an consensus standards are technical EPA to issue regulations that will optional program for tribes within the standards (e.g., materials specifications, require States to revise their SIPs to same geographic region as the WRAP test methods, sampling procedures, and ensure that reasonable progress is made states. Accordingly, this rule will not business practices) that are developed or have tribal implications. In addition, adopted by voluntary consensus toward the national visibility goals this rule directly implements specific standards bodies. The NTTAA directs specified in section 169(A). recommendations from the WRAP, EPA to provide Congress, through OMB, List of Subjects in 40 CFR Part 51 which includes representatives of tribal explanations when the Agency decides governments. Thus, although the rule not to use available and applicable Environmental protection, does not have tribal implications, voluntary consensus standards. Administrative practice and procedure, representatives of Tribal governments This action does not involve technical Air pollution control, Carbon monoxide, have had the opportunity to provide standards. Therefore, EPA did not Nitrogen dioxide, Particulate matter, input into development of the consider the use of any voluntary Sulfur oxides, Volatile organic recommendations forming its basis. consensus standards. compounds.

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Dated: December 15, 2003. achieve a continuous decline in total subcategory. EPA originally established Stephen L. Johnson, mobile source emissions of the wastewater discharge standards for Acting Administrator. pollutant(s), to the extent practicable, CWT facilities in December 2000. ■ For the reasons set forth in the considering economic and technological Following publication of that rule, a preamble, title 40, Chapter I of the Code reasonableness and federal preemption number of CWT facilities petitioned of Federal Regulations is amended as of vehicle standards and fuel standards EPA to reconsider the limitations and follows: under title II of the CAA. standards for certain pollutants. EPA (B) The plan submission must also evaluated the technology basis and PART 51—REQUIREMENTS FOR provide for an implementation plan other analyses and agreed with many of PREPARATION, ADOPTION, AND revision by no later than December 31, the suggested revisions. Today’s action SUBMITTAL OF IMPLEMENTATION 2008 containing any long-term strategies establishes those changes. As a result, PLANS necessary to reduce emissions of SO2 facilities will not be required to comply from nonroad mobile sources, consistent with certain discharge standards that ■ 1. The authority citation for part 51 with the goal of reasonable progress. In were erroneously included in the earlier continues to read as follows: assessing the need for such long-term regulation or for which EPA had Authority: 23 U.S.C. 101; 42 U.S.C. 7401– strategies, the State may consider incorrectly assessed the capability of the 7671q. emissions reductions achieved or technology to achieve the removals. anticipated from any new Federal DATES: This regulation shall become Subpart P—Protection of Visibility standards for sulfur in nonroad diesel effective on December 22, 2003. fuel. ■ 2. Section 51.309 is amended by ADDRESSES: The administrative record is revising paragraphs (b)(6) and (d)(5)(i), * * * * * available for inspection and copying at removing paragraphs (d)(5)(ii) and [FR Doc. 03–31471 Filed 12–19–03; 8:45 am] the Water Docket, located at the EPA (d)(5)(iii), and redesignating paragraph BILLING CODE 6560–50–P Docket Center (EPA/DC) in the (d)(5)(iv) as (d)(5)(ii), to read as follows: basement of the EPA West Building, Room B–102, 1301 Constitution Ave., § 51.309 Requirements related to the ENVIRONMENTAL PROTECTION NW., Washington, DC. The rule and key Grand Canyon Visibility Transport AGENCY supporting materials are also Commission. electronically available via EPA Dockets * * * * * 40 CFR Part 437 (Edocket) at http://www.epa.gov/ (b) * * * [FRL–7601–3] edocket/ Edocket number OW–2003– (6) Continuous decline in total mobile 0075 or at http://www.epa.gov/guide/ source emissions means that the RIN 2040–AD95 cwt/. projected level of emissions from mobile Effluent Limitations Guidelines, FOR FURTHER INFORMATION CONTACT: sources of each listed pollutant in 2008, Elwood H. Forsht, EPA Office of Water 2013, and 2018, are less than the Pretreatment Standards, and New Source Performance Standards for the by phone at (202) 566–1025 or by e-mail projected level of emissions from mobile at [email protected]. For sources of each listed pollutant for the Centralized Waste Treatment Point Source Category information on how to get copies of this previous period (i.e., 2008 less than document and other related information 2003; 2013 less than 2008; and 2018 less AGENCY: Environmental Protection see the SUPPLEMENTARY INFORMATION than 2013). Agency. section. * * * * * ACTION: Final rule. SUPPLEMENTARY INFORMATION: (d) * * * (5) * * * SUMMARY: The Environmental Protection Table of Contents (i) Statewide inventories of onroad Agency (EPA) is amending certain and nonroad mobile source emissions of provisions of a wastewater discharge I. General Information II. Legal Authority VOC, NOX, SO2, PM2.5, elemental regulation for the Centralized Waste Treatment (CWT) Point Source III. Overview of Effluent Limitations carbon, and organic carbon for the years Guidelines and Standards for Centralized 2003, 2008, 2013, and 2018. Category. Today’s action deletes the Waste Treatment (A) The inventories must demonstrate selenium limitations and standards from IV. Amendment to Remove Selenium a continuous decline in total mobile certain sections of Subpart A, the Metals Limitations from Certain Sections of the source emissions (onroad plus nonroad; Treatment and Recovery subcategory. In Metals Treatment and Recovery tailpipe and evaporative) of VOC, NOX, addition, it deletes the barium, Subcategory PM2.5, elemental carbon, and organic molybdenum, antimony, and titanium V. Amendment to Remove Barium, carbon, evaluated separately. If the limitations and standards from Subpart Molybdenum, Antimony, and Titanium inventories show a continuous decline B, the Oils Treatment and Recovery Limitations from the Oils Treatment and Recovery Subcategory in total mobile source emissions of each subcategory. Further, this action deletes VI. Amendment to Remove Molybdenum, of these pollutants over the period the molybdenum, antimony, aniline, Antimony, Aniline, and 2,3- 2003–2018, no further action is required and 2,3-dichloroaniline limitations and Dichloroaniline Limitations from the as part of this plan to address mobile standards from the Organics Treatment Organics Treatment and Recovery source emissions of these pollutants. If and Recovery subcategory. This action Subcategory the inventories do not show a also revises all applicable related VII. Amendment to Revise the Related continuous decline in mobile source sections of Subpart D, the Multiple Multiple Wastestreams Subcategory emissions of one or more of these Wastestream subcategory, to reflect the Segments VIII. Summary of Today’s Amendments pollutants over the period 2003–2018, preceding revisions. Finally this action IX. Corrections and Edits to 40 CFR part 437 the plan submission must provide for an increases the maximum monthly X. Good Cause for Making Today’s implementation plan revision by no average BOD5 limitation for directly Amendments Effective on December 22, later than December 31, 2008 containing discharging facilities subject to a section 2003 any necessary long-term strategies to of the Multiple Wastestreams XI. Statutory and Executive Order Reviews

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I. General Information facilities that discharge pollutants directly or indirectly to U.S. waters. A. What Entities Are Potentially Regulated by This Regulation? Entities potentially regulated by this action include the following types of

Category Examples of regulated entities NAICS codes

Industry ...... Discharges from stand-alone waste treatment and recovery facilities receiving materials 56221, 562219. from off-site. These facilities may treat hazardous or non-hazardous waste, hazardous or non-hazardous wastewater, and/or used material from off-site, for disposal, recycling, or recovery. Certain discharges from waste treatment systems at facilities primarily engaged in other industrial operations. Industrial facilities that process their own, on-site generated, process wastewater with hazardous or non-hazardous wastes, wastewaters, and/or used material received from off-site, in certain circumstances, may be subject to this rule with respect to a portion of their discharge.

This table is not intended to be over the 266-page limit plus an U.S.C. 1311, 1314, 1316, 1317, 1318, exhaustive, but rather provides a guide administrative fee of $25.00. 1342 and 1361. for readers regarding entities likely to be 2. Electronic Access. You may access III. Overview of Effluent Limitations regulated by this action. This table lists this Federal Register document Guidelines and Standards for the types of entities that EPA is now electronically through the EPA Internet Centralized Waste Treatment aware could potentially be regulated by under the ‘‘Federal Register’’ listings at this action. Other types of entities not http://www.epa.gov/fedrgstr/. An Congress adopted the Clean Water Act listed in the table could also be electronic version of the public docket (CWA) to ‘‘restore and maintain the regulated. To determine whether your is available through EPA’s electronic chemical, physical, and biological facility is regulated by this action, you public docket and comment system, integrity of the Nation’s waters’’ should carefully examine the definitions EPA Dockets. You may use EPA Dockets (Section 101(a), 33 U.S.C. 1251(a)). To and applicability criteria in §§ 437.1, at http://www.epa.gov/edocket/ to view achieve this, the CWA prohibits the 437.2, 437.10, 437.20, 437.30, and public comments, access the index discharge of pollutants into navigable 437.40 of title 40 of the Code of Federal listing of the contents of the official waters except in compliance with the Regulations. If you have questions about public docket, and to access those statute. The CWA confronts the problem the applicability of this action to a documents in the public docket that are of water pollution on a number of particular entity, consult the person available electronically. Although not different fronts. It relies primarily, listed in the preceding FOR FURTHER all docket materials may be available however, on establishing restrictions on INFORMATION CONTACT section. electronically, you may still access any the types and amounts of pollutants of the publicly available docket discharged from various industrial, B. How Can I Get Copies of This materials through the docket facility commercial, and public sources of Document and Other Related identified in section I.B.1. Once in the wastewater. Information? system, select ‘‘search,’’ then key in the Congress recognized that regulating appropriate docket identification 1. Docket. EPA has established an only those sources that discharge number. official public docket for this action effluent directly into the Nation’s waters under Docket ID No. OW–2003–0075. C. What Process Governs Judicial would not achieve the CWA’s goals. The official public docket consists of the Review for Today’s Final Rule? Consequently, the CWA requires EPA to documents specifically referenced in In accordance with 40 CFR 23.2, set nationally-applicable pretreatment this action, any public comments today’s rule is considered promulgated standards that restrict pollutant received, and other information related for the purposes of judicial review as of discharges for those facilities that to this action. The official public docket 1 p.m. eastern daylight time, January 5, discharge wastewater indirectly through is the collection of materials that is 2004. Under section 509(b)(1) of the sewers flowing to publicly-owned available for public viewing at the Water Clean Water Act (CWA), judicial review treatment works (POTWs) (Section Docket in the EPA Docket Center, (EPA/ of today’s effluent limitations guidelines 307(b) and (c), 33 U.S.C. 1317(b) and DC) EPA West, Room B102, 1301 and standards may be obtained by filing (c)). National pretreatment standards are Constitution Ave., NW., Washington, a petition in the United States Circuit established for those wastewater DC. The EPA Docket Center Public Court of Appeals for review within 120 pollutants that may pass through or Reading Room is open from 8:30 a.m. to days from the date of promulgation of interfere with POTWs operations. 4:30 p.m., Monday through Friday, these guidelines and standards. Under Generally, pretreatment standards are excluding legal holidays. The telephone section 509(b)(2) of the CWA, the designed to ensure that wastewater from number for the Public Reading Room is requirements of this regulation may not direct and indirect industrial (202) 566–1744, and the telephone be challenged later in civil or criminal dischargers are subject to similar levels number for the Water Docket is (202) proceedings brought by EPA to enforce of treatment. POTWs must also 566–2426. To view these docket these requirements. implement local pretreatment limits materials, please call ahead to schedule applicable to their industrial indirect an appointment. Every user is entitled II. Legal Authority dischargers to satisfy local requirements to copy 266 pages per day before The U.S. Environmental Protection (40 CFR 403.5). incurring a charge. The Docket may Agency is promulgating these Direct dischargers must comply with charge 15 cents a page for each page regulations under the authority of 33 effluent limitations through National

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Pollutant Discharge Elimination System as several additional modifications solids (TSS) limits and was not (NPDES) permits; indirect dischargers resulting from additional analyses in the designed to achieve specific metal must comply with pretreatment organics subcategory. removals. While it is true that the standards. These limitations and removal of solids associated with sand IV. Amendment To Remove Selenium standards are established by regulation filtration will also remove associated Limitations From Certain Sections of for categories of industrial dischargers metals, these metals removals are not the Metals Treatment and Recovery and are based on the degree of control achieved at a consistent or predictable Subcategory that can be achieved using various rate. EPA did not intend to regulate a levels of pollution control technology. For the Metals Treatment and metal for which removals were obtained On December 22, 2000, EPA Recovery subcategory, EPA proposed to only during this final, polishing step of published regulations establishing amend 40 CFR part 437 by deleting from an extended treatment train. The effluent limitations guidelines, §§ 437.11, 437.13, 437.15 and 437.16 the identified removals may be an artifact of pretreatment standards for new and respective Best Practicable Control the particular data set EPA evaluated, existing sources, and new source Technology Currently Available (BPT), and the record does not demonstrate performance standards for the Best Available Technology that selenium removals are achieved Centralized Waste Treatment (CWT) Economically Achievable (BAT), consistently and predictably with this Point Source Category (65 FR 81242). Pretreatment Standards for Existing technology. While removals were These regulations control the discharges Sources (PSES), and Pretreatment observed, EPA determined that facilities from CWT facilities that receive waste, Standards for New Sources (PSNS) would not be able to achieve the wastewater, or used material from off- limitations and standards for selenium. consistent removals required for site. EPA established limitations and We are adopting the changes for the compliance with a specific regulatory standards for four CWT subcategories. reasons explained below. Section VII limit for selenium. Commenters on the The first three subcategories cover describes the methodology used to proposed amendment supported EPA’s facilities that treat or recover only one revise the related segments of the conclusions. Commenters’ experience type of waste, either metal-bearing Multiple Wastestreams subcategory to confirmed that the model technology (Subpart A—Metals Treatment and reflect deletion of selenium from the would not achieve consistent and Recovery), oily (Subpart B—Oils Metals Treatment and Recovery predictable high-percentage removal of Treatment and Recovery), or organic subcategory. selenium. The docket includes (Subpart C—Organics Treatment and In the December 2000 final rule, EPA documents which describe EPA’s Recovery). The fourth subcategory, established, for the Metals Treatment review of the selenium data that form Subpart D—Multiple Wastestreams, and Recovery subcategory, direct the basis for today’s action (DCNs 47.1 covers facilities that treat or recover discharge limitations and standards as and 47.2). some combination of metal-bearing, well as pretreatment standards for Although EPA is deleting the oily, and organic waste, wastewater, or selenium and 15 other metal pollutants. regulatory limits for selenium in the used material received from off-site. The model technology for the BPT, selected sections, operation of treatment Using Subpart D limitations and BAT, PSES, and PSNS limitations and systems required to achieve compliance standards simplifies implementation of standards was primary chemical with the 14 other metals limits will the rule and compliance monitoring for precipitation, liquid-solid separation, ensure some continued removal of CWT facilities that treat wastes subject secondary chemical precipitation, selenium, even if not at a consistent and to more than one of the first three clarification, and sand filtration. predictable rate. Even without subcategories. These facilities may Following promulgation of the final incidental removals for selenium, the choose to comply with the provisions of rule, EPA received information estimated pollution reduction for this the multiple wastestreams Subpart D indicating that the model technology regulation remains relatively unchanged rather than Subparts A, B, or C. that was the basis for the limitations and from the December 2000 estimates. However, they must certify that an standards for existing sources would not Specifically, the decrease in reductions equivalent treatment system is installed remove selenium from wastewater would be only 398 pounds per year (lbs/ and properly designed, maintained, and consistently to the level required by the yr) or 0.01 percent of the total estimated operated. regulation. Based on the Agency’s metals subcategory reduction of 3.17 After the Agency published the review of this information, EPA agrees million lbs/yr. Expressed as toxic December 2000 final rule, facilities in and has concluded that it should delete pound-equivalents (lb-eq), the decrease the regulated community conducted selenium from the regulated metals for as a result of assuming no selenium compliance monitoring studies and this subcategory. (EPA did not reassess removals is 0.011 percent or 438 lb-eq/ began to develop compliance strategies its New Source Performance Standards yr out of the total estimated metals for the regulated pollutants. Based on (NSPS) for selenium because the subcategory reduction of 415,393 lb-eq/ these efforts, several members of the standards are based on a different model yr (DCN 48.1). regulated community and a trade treatment system involving the use of association submitted new information selective metals precipitation.) V. Amendment To Remove Barium, to the Agency and asked EPA to revise While the data in the record for the Molybdenum, Antimony, and Titanium certain aspects of the final rule. In 2000 CWT regulation demonstrate that Limitations From the Oils Treatment September 2003, EPA proposed to the technology EPA evaluated as the and Recovery Subcategory amend the regulations to delete certain basis for the BPT, BAT, PSES, and PSNS In the December 2000 final rule, EPA pollutants from those subject to effluent limitations and standards removes established, for the Oils Treatment and limitations guidelines and standards. selenium, they also show that selenium Recovery subcategory, direct discharge (68 FR 53432, September 10, 2003). removal was achieved only in the last limitations and standards for barium, After our own analysis and review of stage of the model treatment system— molybdenum, antimony, and titanium comments received on the proposed the sand filtration polishing step. The as well as 18 other pollutants. It also amendment, EPA has determined that it sand filtration polishing step was established pretreatment standards for should adopt the proposed included in the model technology to barium, molybdenum, and antimony as modifications to the current rule as well ensure compliance with total suspended well as 11 other pollutants. The model

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technology used as the basis for the other metal pollutants ensures some gravity 4.5 times heavier than water; the BPT, BAT, NSPS, and PSNS limitations incidental removals for these use of polymers flocculate suspended and standards was emulsion breaking/ parameters. For direct discharge particles. gravity separation, secondary gravity facilities, limitations for nine other Because of the density of barium separation, and dissolved air flotation metals remain in place. For indirect sulfate and the use of polymers, large (DAF). The PSES model technology was discharge facilities, pretreatment floc formations would tend to sink, and emulsion breaking/gravity separation, standards for six other metals remain in smaller floc formations would tend to and DAF. place. float. However, if colloidal suspensions After EPA published the final rule, are formed, DAF might be ineffective. members of the regulated community A. Barium Therefore, removing barium sulfate by evaluated different engineering EPA is amending 40 CFR part 437 by DAF requires a careful balance between strategies for complying with the deleting from §§ 437.21, 437.23, 437.24, forming a large enough floc to be floated promulgated limitations and standards. 437.25 and 437.26 the respective BPT, but not too large to sink. In these Several companies and a trade BAT, NSPS, PSES, and PSNS circumstances, EPA determined that the association submitted new information limitations and standards for barium. model DAF technology would not to EPA demonstrating that the model Section VI describes the methodology reliably and consistently provide the technology did not consistently remove used to revise the related segments of pollutant reductions that were used for certain pollutants from oils the Multiple Wastestreams subcategory the promulgated limitations. Thus, EPA wastestreams. They reported to EPA that to reflect deletion of barium from the proposed to remove the limitations and the limitations and standards were not Oils Treatment and Recovery standards for barium from Subpart B technically achievable and petitioned subcategory. and the associated provisions of Subpart EPA to delete these pollutants from the EPA received information and data D. EPA did not intend to regulate a regulated parameters. from several companies and a CWT pollutant in the oils waste receipts Based on the data submitted trade association concerning barium subcategory for which compliance could concerning metals removal and the concentrations in different types of not be consistently and predictably model technology, EPA reexamined its waste receipts treated at CWT facilities. achieved with the model DAF treatment model technology. As noted above, the EPA evaluated this information and system. Further analysis of EPA data model technology used for BPT, BAT, concluded that the model technology and that supplied by commenters and NSPS, and PSNS consists of emulsion would not reliably and consistently others confirms EPA’s conclusions breaking/gravity separation, secondary remove barium to the limits required in about barium removals in the model gravity separation, and DAF. During the the oils subcategory. The record DAF treatment system. As a DAF phase of treatment, surface active includes the additional information consequence, EPA is modifying the agents, coagulating agents, and provided to the Agency with the request limitations and standards to remove polyelectrolytes are added to the for changes to the regulation and EPA’s barium as a regulated pollutant. wastewater, and the pH of the system is review of that information (DCNs Although EPA is deleting the adjusted. The effect of adding 43.2.49, 43.2.51, 43.2.54, 43.2.60, 44.2, regulatory limits for barium, operation coagulating agents and adjusting pH is 44.2.1, 44.3, 45.29.1, and 47.7). of treatment systems required to achieve to promote precipitation of metals and EPA based its determination on the compliance with other metals limits their consequent removal. Different information noted above and other will ensure some continued removal of metals are removed more effectively at information supplied by commenters. barium, even if not at a consistent and different concentrations of coagulating Petitioners and commenters noted that predictable rate. Even without agents and at different pH levels. EPA CWT facilities accept a variety of oily incidental removals for barium, the examined its database to identify which waste receipts that contain barium estimated pollutant reduction for this of the metal pollutants were removed including used lubricating oils and regulation remains relatively unchanged consistently and predictably by the greases and oil and gas extraction from the December 2000 estimates. treatment system. Our review drilling fluids and brine. The Specifically, the oils subcategory demonstrates that removals were not information and data indicate that pollutant reductions would decrease by consistent and predictable for barium, barium is usually precipitated as barium 2,117 lbs/yr or 0.25 percent of the total molybdenum, antimony, and titanium. sulfate and that sedimentation, rather estimated reduction of 859,988 lbs/yr if As a result, EPA is amending the than dissolved air flotation, would no barium removals were included. regulations to remove the limitations provide more consistent barium Expressed as toxic pound-equivalents, and standards for these metal pollutants removals. the decrease assuming no barium from Subpart B and to modify the EPA’s single-stage DAF model removals is less than 0.008 percent or 4 related provisions of Subpart D to reflect treatment system was designed lb-eq/yr of the total estimated these changes. In today’s action, EPA is primarily to remove suspended solids subcategory reduction of 52,603 lb-eq/yr deleting BPT, BAT, and NSPS and dispersed oil and grease from oily (DCN 48.1). limitations and standards for barium, wastewater. The use of treatment molybdenum, titanium, and antimony. chemicals effectively increases the B. Molybdenum, Antimony, and EPA is also deleting PSES and PSNS efficiencies of DAF treatment systems in Titanium standards for barium, molybdenum and removing suspended solids and may EPA is amending 40 CFR part 437 by antimony. (EPA had not promulgated also enhance the removal of metals deleting the respective BPT, BAT, and pretreatment standards for titanium in (DCN 41.2, pages 8–13 to 15). The NSPS limitations and standards for the December 2000 rule.) Comments on operating conditions of the model molybdenum, antimony, and titanium the proposed amendment and EPA’s treatment technology in the final from §§ 437.21, 437.23, 437.24; and by record support these changes as regulation included the addition of deleting the respective PSES and PSNS explained in the following discussions. treatment chemicals (aluminum sulfate, standards for molybdenum and Even though this amendment deletes caustic soda, and polymers). Use of antimony from §§ 437.25 and 437.26. the limitations and standards for these aluminum sulfate (alum) precipitates Section VI describes the methodology four metal pollutants, the control of barium sulfate which has a specific used to revise the related segments of

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the Multiple Wastestreams subcategory and standards, many oily waste the National Oil Recyclers Association to reflect deletions of regulated facilities would need to add a second- (NORA). NORA submitted information pollutants. stage chemical precipitation step, with a request that EPA delete the As explained in the proposal, EPA’s operated at a relatively low pH (between molybdenum limitations and standards single-stage DAF model treatment 4 and 5) and/or add large quantities of from the Organics Treatment and system was designed primarily to iron (1,000 to 5,000 mg/l), followed by Recovery subcategory and from the remove suspended solids and dispersed clarification or filtration. related sections of the Multiple oil and grease from oily wastewater. The EPA did not intend to regulate a Wastestreams subcategory (DCNs 45.32 use of treatment chemicals effectively pollutant in the oils waste receipts and 45.33). NORA stated that many increases the efficiencies of DAF subcategory for which compliance CWT organics subcategory facilities had treatment systems in removing requires the addition of uniquely molybdenum influent raw waste suspended solids. It may also enhance designed chemical precipitation systems concentrations that are too high for the removal of metals (DCN 41.2, pages to the model technology. Based on the effective biological treatment. Based on 8–13 to 15). The conditions under information and data provided, we our assessment of the information and which the EPA’s model treatment conclude that many CWT facilities data, EPA indicated in the proposed technology operated included adding subject to Subpart B would not be able amendment that it would probably treatment chemicals (aluminum sulfate, to comply with the antimony, delete the molybdenum limitations from caustic soda, and polymer) with pH molybdenum, and titanium limitations the organics subcategory. We sought adjustments to relatively strong base and standards through the use of the further information that showed that the levels between 9 to 11. These operating model DAF technology alone. EPA is model technology for the Organics conditions optimize removals of the therefore amending the regulation to Treatment and Recovery subcategory more traditional heavy metals including remove the limitations and standards for would not consistently and predictably chromium, zinc, lead, nickel, copper, these pollutants from Subpart B and remove molybdenum from and cadmium. revise the associated provisions of wastestreams. EPA received additional As previously noted, after EPA Subpart D. information and data from commenters published the December 2000 final rule, Although EPA is deleting the on this issue and has determined that it the regulated community evaluated regulatory limits for antimony, should remove molybdenum from the several different engineering strategies molybdenum, and titanium, operation pollutants regulated in the Organics for complying with the limitations and of treatment systems required to achieve Treatment and Recovery subcategory standards. Several companies and a compliance with other metals limits (and related sections of the Multiple CWT trade association submitted new will ensure some continued removal of Wastestreams subcategory). information demonstrating that the antimony, molybdenum, and titanium, EPA had based the December 2000 model technology would not even if not at consistent and predictable effluent limitations and pretreatment consistently remove certain pollutants rates. Even with no incidental removals standards for Subpart C—the Organics from oils wastestreams. They reported for antimony, molybdenum, and Treatment and Recovery subcategory— that the antimony, molybdenum, and titanium, the estimated oils subcategory on the performance of one model titanium limitations and standards were pollutant reduction for this regulation facility that used the BPT/BAT model not technically achievable, petitioning remains relatively unchanged (the technology. That technology consists of EPA to delete these pollutants as December 2000 estimated pollutant equalization followed by biological regulated parameters. The docket reductions would decrease by 7,832 lbs/ treatment provided by a sequential includes the additional information and yr or 0.91 percent of the total estimated batch reactor (SBR). EPA’s analysis of EPA’s review of that information (DCNs reduction of 859,988 lbs/yr). Expressed information and data submitted by 45.12.1, 45.12.2, 45.12.3, 45.12.4, 45.25, as pollutant pound-equivalents, the commenters and in the rulemaking 45.25.2, 46.5.1, 46.5.2, 46.5.3, 46.10, decrease, assuming no antimony, record demonstrates, however, that 46.11, 46.12, 46.15, 46.21, and 47.5). molybdenum, and titanium removals, is well-designed and well-operated Based on the materials submitted, about 2.89 percent or 1,519 lb-eq/yr out treatment systems at CWT facilities that EPA reexamined its model technology of the total estimated subcategory use the BPT/BAT technology as the and the removal data. The results led reduction of 52,603 lb-eq/yr (DCN 48.1). basis for the organics subcategory EPA to propose deleting the antimony, limitations and standards will not VI. Amendment To Remove molybdenum, and titanium limitations consistently and predictably remove Molybdenum, Antimony, Aniline, and and standards in the Oils Treatment and molybdenum. Commenters asserted that 2,3-Dichloroaniline Limitations From Recovery subcategory. Information and EPA had erroneously selected data submitted by commenters has the Organics Treatment and Recovery molybdenum as a regulated pollutant further convinced the Agency that the Subcategory because it had used data from the wrong oils subcategory model DAF treatment EPA is amending 40 CFR Part 437 by influent sample point. Further, technology will not consistently meet deleting from §§ 437.31, 437.33, and commenters asserted that EPA had the antimony, molybdenum, and 437.34 the respective BPT, BAT, and improperly included in its titanium limitations and standards. The NSPS limitations and standards for determination influent data for one day data demonstrate that optimum molybdenum, antimony, aniline, and of sampling for which it had no removals of antimony, molybdenum, 2,3-dichloroaniline; and by deleting the corresponding effluent data. and titanium require treatment with respective PSES and PSNS standards for Commenters concluded that, if EPA had high concentrations of iron (ranging molybdenum and 2,3-dichloroaniline applied its methodology to the proper from 1,000 to 5,000 mg/l ). The data also from §§ 437.35 and 437.36. Section VII data set from the correct sampling point, demonstrate that optimum removals of describes the methodology used to the Agency would not have selected antimony and molybdenum require pH revise the related segments of the molybdenum for regulation. adjustments to relatively strong acid Multiple Wastestreams subcategory to EPA has reexamined the data levels between 4 to 5. To ensure reflect deletions of regulated pollutants. underlying its original determination of compliance with the antimony, In the proposed amendment, EPA which pollutants should be regulated in molybdenum, and titanium limitations asked for comment on an issue raised by the organics subcategory. The

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‘‘Development Document for Effluent estimates for this regulation remain limitations and its corresponding Limitations Guidelines and Standards relatively unchanged from the December maximum daily limitation.) For for the Centralized Waste Treatment 2000 estimates. Specifically, the example, in the December 2000 rule, Industry—Final’’ describes the estimated organics subcategory antimony is regulated under (i.e., methodology EPA used to select pollutant reductions would decrease by overlaps) Subparts A, B, and C. regulated pollutants for this subcategory 282 lbs/yr or 0.05 percent of the total Therefore, the antimony Subpart D (DCN 41.2, Chapter 7). Among the estimated reduction of 611,283 lbs/yr if limitations for mixtures of Subparts A, criteria EPA had considered in selecting no molybdenum, antimony, aniline, and B, and C wastestreams are based on regulated pollutants was whether a 2,3-dichloroaniline removals were Subpart B, the most stringent antimony pollutant was present in the influent included. Expressed as toxic pound- limitations. wastewater at a treatable level and equivalents, the decrease is about 0.23 Today’s action modifies the Multiple whether a pollutant was effectively percent or 46 lb-eq/yr out of the total Wastestreams subcategory limitations removed by the model technology. estimated subcategory reduction of and standards to reflect the removal of Thus, selection of the influent sampling 19,976 lb-eq/yr (DCN 48.1). selenium from the Metals subcategory point can greatly influence whether a Finally, this analysis does not affect limitations and standards; the removal pollutant is regulated. the actual numerical limitations and of barium, molybdenum, antimony, and For today’s action, EPA reviewed all standards for the remaining regulated titanium from the Oils Treatment and of the information in the rulemaking pollutants in the organics subcategory— Recovery subcategory; and the removal record concerning the model sampled it affects only the selection of regulated of molybdenum, antimony, aniline, and facility. EPA has realized that this pollutants. EPA based the numerical 2,3-dichloroaniline from the Organics facility used a more sophisticated limitations and standards only on Treatment and Recovery subcategory. treatment system than the model effluent data. EPA has concluded that, technology. Therefore, for the December because it properly selected the effluent A. Selenium 2000 final rule, EPA had relied on sampling point at the model facility, the EPA is amending 40 CFR part 437 by influent data that reflected additional numerical limitations and standards for deleting the respective BPT, BAT, PSES, treatment steps not included in the the remaining regulated pollutants do and PSNS limitations and standards for model technology. not change. EPA also reviewed its record to selenium from §§ 437.42(b), (c), and (d); consider the comment that it should not VII. Amendment To Revise the Related 437.44(b), (c), and (d); 437.46(b), (c), and include influent data from the last day Multiple Wastestreams Subcategory (d); and 437.47(b), (c), and (d). Because of sampling at the model facility. EPA Segments selenium was regulated in the Metals agrees with the comment because EPA In the December 2000 final rule, EPA Treatment and Recovery subcategory does not have effluent data that established limitations and standards but not in the Oils or Organics corresponds to the last day of influent for facilities that treat a combination of Treatment and Recovery Subcategories, sampling at the model facility. metal-bearing, oily or organic waste, there are no overlapping limitations for Consequently, EPA cannot determine to wastewater or used material. Use of this pollutant. Therefore, the result of what extent these influent pollutant these Multiple Wastestreams deleting selenium from the BPT, BAT, concentrations were treated by the subcategory limitations and standards PSES, and PSNS segments of the metals model technology on this day. As a simplifies implementation of the rule subcategory (see Section IV) is that result, it is appropriate to exclude the and compliance monitoring for CWT selenium limitations and standards influent data from the last day of facilities that treat wastes subject to remain only for the New Source sampling in the analysis of treatment more than one of the other Performance Standards (NSPS) segment efficiency. subcategories. These facilities may elect of the Multiple Wastestreams After revising the influent sampling to comply with the provisions of the subcategory. The selenium NSPS point and deleting influent data from Multiple Wastestreams subcategory standards are based on a different model the last day of sampling, EPA found that rather than the applicable individual treatment system involving the use of the model technology did not effectively provisions of the metals, oils, and selective metals precipitation. treat molybdenum. As a result, we are organics treatment and recovery B. Barium deleting molybdenum limitations and subcategories in the circumstances standards from the organics described in 40 CFR 437.40. EPA is amending 40 CFR part 437 by subcategory. EPA developed four sets of limitations deleting the respective BPT, BAT, EPA also applied its pollutant for each of the possible combinations of NSPS, PSES, and PSNS limitations and selection methodology with the revised the three subcategories of wastestreams. standards for barium in the Oils data sets to all pollutants regulated in These are mixtures of: Treatment and Recovery subcategory the Organics subcategory. As a result of • Metal-bearing, oils, and organics from §§ 437.42(b), (c), and (e); 437.44(b), those analyses, we are also amending waste receipts, (c), and (e); 437.45(b), (c), and (e); the limitations and standards for the • Metal-bearing and oils waste 437.46(b), (c), and (e); and 437.47(b), (c), Organics subcategory to delete receipts, and (e). Because barium was only antimony, aniline, and 2,3- • Metal-bearing and organics waste regulated in the Oils Treatment and dichloroaniline as regulated parameters. receipts, and Recovery subcategory but not in the [DCN Section 48] • Oils and organics waste receipts. Metals or Organics Treatment and Although EPA is deleting the limits To derive these limitations and Recovery Subcategories, there are no for molybdenum, antimony, aniline, and standards, EPA combined pollutant overlapping limitations for this 2,3-dichloroaniline, compliance with limitations and standards from each pollutant. Therefore, the result of other organics limitations and standards possible combination of subcategories, deleting barium from the oils may still lead to incidental removals of selecting the most stringent pollutant subcategory (see Section V) is that there these pollutants. Assuming no values where they overlap. (For each are no barium limitations and standards incidental removals, the organics pollutant, EPA selected the most for any segment of the Multiple subcategory pollutant reduction stringent maximum monthly average Wastestreams subcategory.

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C. Molybdenum 437.45(e), and by revising the respective these changes in the multiple EPA is amending 40 CFR part 437 by BPT limitations for titanium in wastestreams subcategory. The model deleting the respective BPT, BAT, paragraphs §§ 437.42(b) and (c). Because technologies that provide the basis for NSPS, PSES, and PSNS limitations and EPA has deleted titanium from the the metals and oils subcategory standards for molybdenum from pollutants regulated for direct limitations and standards do not discharges in the Oils Treatment and consistently and predictably remove §§ 437.42(b), (c), (d), and (e); 437.44(b), Recovery subcategories, the only these pollutants to the specified levels. (c), (d), and (e); 437.45(b), (c), (d), and remaining subcategory for which it is a Furthermore, based on the revised (e); 437.46(b), (c), (d), and (e); and regulated parameter is the Metals analyses in the organics subcategory, 437.47(b), (c), (d), and (e). EPA subcategory. Therefore the BPT, BAT, four pollutant parameters do not meet originally promulgated molybdenum and NSPS titanium limitations and the criteria for regulation (whether limitations for the Oils Treatment and standards in the related direct discharge pollutants are present in influent Recovery subcategory and the Organics segments of the Multiple Wastestreams wastewater at treatable levels and Treatment and Recovery subcategory subcategory are now based on the whether pollutants are effectively but not in the Metals Treatment and titanium limitations and standards in removed by the model technology). Recovery subcategory. Therefore, the the Metals subcategory. Nevertheless, using treatment systems result of deleting molybdenum from the required for compliance with other F. Aniline Oils Treatment and Recovery pollutant limits will ensure some subcategory and the Organics Treatment EPA is amending 40 CFR part 437 by continued removal of these seven and Recovery subcategory (see Section deleting the respective BPT, BAT, and pollutants, even if not at consistent and V) is that there are no molybdenum NSPS limitations and standards for predictable rates. limitations and standards for any aniline in the Organics Treatment and Even if there were no incidental segment of the Multiple Wastestreams Recovery subcategory from §§ 437.42(b), removals for these pollutants, the subcategory. (d), and (e); 437.44(b), (d), and (e); and estimated pollutant reduction for this D. Antimony 437.45(b), (d), and (e). Because aniline regulation remains relatively unchanged was only regulated for direct dischargers from the December 2000 estimated EPA is amending 40 CFR part 437 by in the Organics Treatment and Recovery pollutant reductions. At most, the deleting the respective BPT, BAT, subcategory but not in the Metals or Oils pollutant reductions would decrease by NSPS, PSES and PSNS standards for Treatment and Recovery Subcategories, 10,629 lbs/yr, or 0.23 percent of the total antimony from §§ 437.42(e), 437.44(e), there are no overlapping limitations for estimated reduction of 4,642,635 lbs/yr. 437.45(e), 437.46(e) and 437.47(e), and this pollutant. Therefore, the result of Expressed as toxic pound-equivalents, by revising the respective BPT, PSES, deleting aniline from the organics the decrease assuming no removals for and PSNS limitations and standards for subcategory (see Section VI) is that there these pollutants is 0.41 percent or 2,006 antimony in §§ 437.42(b) and (c), are no aniline limitations and standards lb-eq/yr out of the total estimated 437.46(b) and (c), and 437.47(b) and (c). for any segment of the Multiple reduction of 487,872 lb-eq/yr (DCN Because antimony was originally Wastestreams subcategory. 48.1). regulated for indirect discharges only in Even though EPA believes that the Metals and Oils Treatment and G. 2,3-Dichloroaniline possible increases in pollutant Recovery Subcategories but not in the EPA is amending 40 CFR part 437 by discharges will not result in significant Organics Treatment and Recovery deleting the respective BPT, BAT, environmental effects, we will continue subcategory and EPA is deleting NSPS, PSES, and PSNS limitations and to monitor the discharges from this antimony from the Oils Treatment and standards for 2,3-dichloroaniline in the industry as part of the biennial Effluent Recovery subcategory, there are PSES Organics Treatment and Recovery Guidelines Program Plans required and PSNS standards for this pollutant subcategory from §§ 437.42(b), (d), and under Section 304(m) of the Clean only in the Metals subcategory. The (e); 437.44(b) and (e); 437.45(b), (d), and Water Act. antimony standards in the related (e); 437.46(b), (d), and (e); and 437.47(b), IX. Corrections and Edits to 40 CFR indirect discharge segments of the (d), and (e). Because 2,3-dichloroaniline Part 437 Multiple Wastestreams subcategory are, was only regulated in the Organics therefore, based on the Metals Treatment and Recovery subcategory EPA is correcting a technical error subcategory limitations. but not in the Metals or Oils Treatment contained in the December 22, 2000 In the December 2000 rule, EPA and Recovery Subcategories, there are final rule. The Federal Register regulated antimony for direct discharges no overlapping limitations for this publication of the final rule (65 FR in the Metals, Oils, and Organics pollutant. Therefore, the result of 81241) contained an error in § 437.42(d) Treatment and Recovery Subcategories. deleting 2,3-dichloroaniline from the for the maximum monthly average BOD5 As the result of today’s action, there are organics subcategory (see Section VI) is limitation for direct discharging BPT, BAT, and NSPS limitations and that there are no 2,3-dichloroaniline facilities subject to the Multiple standards for this pollutant only in the limitations and standards for any Wastestreams subcategory for combined Metals subcategory. Therefore, the BPT, segment of the Multiple Wastestreams metals and organics waste receipts. The BAT, and NSPS antimony limitations subcategory. BOD5 maximum monthly average and standards in the related direct limitation is revised from 3.0 mg/l to discharge segments of the Multiple VIII. Summary of Today’s Amendments 53.0 mg/l. This reflects the limitation in Wastestreams subcategory are based on The Agency is deleting certain the final rule signed by the the Metals subcategory limitations. limitations and standards for selenium Administrator on August 28, 2000. The from the metals subcategory; for correct 53.0 mg/l BOD5 limitation for E. Titanium antimony, barium, molybdenum, and this segment may also be found in the EPA is amending 40 CFR part 437 by titanium from the oils subcategory; and ‘‘Development Document for Effluent deleting the respective BPT, BAT, and for antimony, molybdenum, aniline, and Limitations Guidelines and Standards NSPS limitations and standards for 2,3-dichloroaniline from the organics for the Centralized Waste Treatment titanium in §§ 437.42(e), 437.44(e), and subcategory. Today’s rule also reflects Industry—Final,’’ (EPA 821–R–00–020,

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DCN 41.2) as well as in the supporting today’s rule effective on December 22, existing ways to comply with any information and analyses in the record. 2003. previously applicable instructions and In addition, the ‘‘Authority’’ citation requirements; train personnel to be able XI. Statutory and Executive Order is revised to conform with current to respond to a collection of Reviews guidance from the Federal Register information; search data sources; Office. A. Executive Order 12866: Regulatory complete and review the collection of X. Good Cause for Making Today’s Planning and Review information; and transmit or otherwise Amendments Effective on December 22, Under Executive Order 12866 [58 FR disclose the information. 2003 51735, (October 4, 1993)], the Agency An Agency may not conduct or sponsor, and a person is not required to Section 553(d) of the Administrative must determine whether a regulatory action is ‘‘significant’’ and therefore respond to a collection of information Procedure Act generally provides that a unless it displays a currently valid OMB final rule may not be effective sooner subject to Office of Management and Budget (OMB) review and the control number. The OMB control than 30 days after it is published. numbers for EPA’s regulations in 40 Section 553(d)(3), however, provides requirements of the Executive Order. CFR are listed in 40 CFR part 9. that an agency may make a final rule The Order defines ‘‘significant effective in less than 30 days after regulatory action’’ as one that is likely C. Regulatory Flexibility Act publication for ‘‘good cause found and to result in a rule that may: The Regulatory Flexibility Act (RFA), published with the rule.’’ The purpose (1) Have an annual effect on the as amended by the Small Business of this provision is to provide affected economy of $100 million or more or Regulatory Enforcement Fairness Act of parties a reasonable time to prepare for adversely affect in a material way the 1996 (SBREFA), 5 U.S.C. 601 et seq., the effective date of the rule or take such economy, a sector of the economy, generally requires an agency to prepare other action as needed. The legislative productivity, competition, jobs, the a regulatory flexibility analysis of any history of this provision indicates that it environment, public health or safety, or rule subject to notice and comment was not intended to unduly hamper State, local, or tribal governments or rulemaking requirements under the agencies from making a rule effective communities; immediately or at some time earlier than (2) Create a serious inconsistency or Administrative Procedure Act or any 30 days. The exercise of the ‘‘good otherwise interfere with an action taken other statute unless the agency certifies cause’’ exception, however, requires or planned by another agency; that the rule will not have a significant legitimate grounds supported in law and (3) Materially alter the budgetary economic impact on a substantial fact. Legitimate grounds would include impact of entitlements, grants, user fees, number of small entities. Small entities an ‘‘urgency of conditions coupled with or loan programs or the rights and include small businesses, small demonstrated and unavoidable obligations of recipients thereof; or organizations, and small governmental limitations of time.’’ The primary (4) Raise novel legal or policy issues jurisdictions. consideration is the convenience or arising out of legal mandates, the For purposes of assessing the impacts necessity of the people affected. See President’s priorities, or the principles of today’s rule on small entities, small Northern Arapahoe Tribe v. Hodel, set forth in the Executive Order. entity is defined as: (1) A small business 808F.2d 741, 752 (10th Cir. 1987) citing, It has been determined that this rule with gross revenue under $6 million United States v. Gavrilovic, 551 F.2d is not a ‘‘significant regulatory action’’ (based on Small Business 1099, 1104 (8th Cir. 1977). EPA has under the terms of Executive Order Administration size standards); (2) a determined that there is good cause for 12866 and is therefore not subject to small governmental jurisdiction that is a making today’s amendments effective OMB review. government of a city, county, town, on December 22, 2003 for two reasons. school district or special district with a B. Paperwork Reduction Act First, the changes would relieve direct population less than 50,000; and (3) a and indirect dischargers from the legal This action does not impose an small organization that is any not-for- obligation to comply with effluent information collection burden under the profit enterprise which is independently limitations and pretreatment standards provisions of the Paperwork Reduction owned and operated and is not for certain pollutants that the Agency Act, 44 U.S.C. 3501 et. seq. It merely dominant in its field. either erroneously determined should deletes the limitations for seven After considering the economic be regulated or incorrectly assessed the pollutants from certain provisions of the impacts of today’s final rule on small capability of the model technology to current rule and corrects a limitation for entities, I certify that this action will not achieve the required removals. In these another pollutant that was incorrectly have a significant economic impact on circumstances, immediate relief from transcribed from the version signed by a substantial number of small entities. the former limitations and standards is the EPA Administrator. Consequently, The rule removes or revises the warranted. today’s rule does not establish any new limitations and standards for seven Second, existing indirect dischargers information collection burden on the pollutants from certain provisions of the are required to comply with the regulated community. current rule and corrects an error in promulgated pretreatment standards by Burden means the total time, effort, or another provision. These changes December 22, 2003. Delaying the financial resources expended by persons reduce the economic impacts of the effective date for 30 days could result in to generate, maintain, retain, or disclose regulation on those entities, including the contemplated changes not being or provide information to or for a small entities, subject to the limitations effective before the required compliance Federal agency. This includes the time and pretreatment standards. The date, possibly exposing some indirect needed to review instructions; develop, estimated reduction in the analytical dischargers to enforcement action for acquire, install, and utilize technology laboratory costs of compliance is about violation of standards that will be and systems for the purposes of $500,000 (DCN 47.6). The change to the superseded. These circumstances collecting, validating, and verifying BOD5 limitation will result in no change constitute the requisite urgency of information, processing and in economic burden because this condition coupled with limitations of maintaining information, and disclosing modification merely corrects the time to warrant good cause for making and providing information; adjust the limitation to reflect the BOD5 limitation

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in the December 2000 version of the not subject to the requirements of F. Executive Order 13175: Consultation regulation. sections 202 and 205 of the UMRA. and Coordination With Indian Tribal For the same reason, EPA has Governments D. Unfunded Mandates Reform Act determined that this rule contains no Title II of the Unfunded Mandates regulatory requirements that might Executive Order 13175, entitled Reform Act of 1995 (UMRA), Public significantly or uniquely affect small ‘‘Consultation and Coordination with Law 104–4, establishes requirements for governments. The rule would not Indian Tribal Governments’’ (65 FR Federal agencies to assess the effects of uniquely affect small governments 67249, November 9, 2000), requires EPA their regulatory actions on State, local, because small and large governments to develop an accountable process to and tribal governments and the private are affected in the same way. Thus, ensure ‘‘meaningful and timely input by sector. Under section 202 of the UMRA, today’s rule is not subject to the tribal officials in the development of EPA generally must prepare a written requirements of section 203 of the regulatory policies that have tribal statement, including a cost-benefit UMRA. implications.’’ ‘‘Policies that have tribal implications’’ are defined in the analysis, for proposed and final rules E. Executive Order 13132: Federalism with ‘‘Federal mandates’’ that may Executive Order to include regulations result in expenditures to State, local, Executive Order 13132, entitled that have ‘‘substantial direct effects on ‘‘Federalism’’ (64 FR 43255, August 10, and tribal governments, in the aggregate, one or more Indian tribes, on the 1999), requires EPA to develop an or to the private sector, of $100 million relationship between the Federal accountable process to ensure or more in any one year. Before government and the Indian tribes, or on ‘‘meaningful and timely input by State promulgating an EPA rule for which a the distribution of power and and local officials in the development of written statement is needed, section 205 responsibilities between the Federal regulatory policies that have federalism of the UMRA generally requires EPA to government and Indian tribes.’’ implications.’’ ‘‘Policies that have identify and consider a reasonable This final rule does not have tribal federalism implications’’ is defined in number of regulatory alternatives and implications. It will not have substantial the Executive Order to include adopt the least costly, most cost- direct effects on tribal governments, on regulations that have ‘‘substantial direct the relationship between the Federal effective, or least burdensome effects on the States, on the relationship government and Indian tribes or on the alternative that achieves the objectives between the national government and distribution of power and of the rule. The provisions of section the States, or on the distribution of responsibilities between the Federal 205 do not apply when they are power and responsibilities among the government and Indian tribes, as inconsistent with applicable law. various levels of government.’’ Moreover, section 205 allows EPA to This final rule does not have specified in Executive Order 13175. The adopt an alternative other than the least federalism implications. It will not have rule deletes or revises the limitations costly, most cost-effective, or least substantial direct effects on the States, and standards for seven pollutants from burdensome alternative if the on the relationship between the national certain provisions of the current rule Administrator publishes with the final government and the States, or on the and corrects an inadvertent printing rule an explanation why that alternative distribution of power and error in another section. EPA has not was not adopted. Before EPA establishes responsibilities among the various identified any CWT facilities covered by any regulatory requirements that may levels of government, as specified in today’s final rule that are owned and/or significantly or uniquely affect small Executive Order 13132. Today’s rule operated by Indian tribal governments. governments, including tribal would amend effluent limitations and Thus, Executive Order 13175 does not governments, it must have developed, pretreatment standards which impose apply to this rule. In the spirit of under section 203 of the UMRA, a small requirements that apply to facilities Executive Order 13175, and consistent government agency plan. The plan must when they discharge wastewater or with EPA policy to promote provide for notifying potentially introduce wastewater to a POTW. It communications between EPA and affected small governments, enabling deletes or revises the limitations and tribal governments, EPA specifically officials of affected small governments standards for seven pollutants from solicited comment on the proposed rule to have meaningful and timely input in certain provisions of the CWT guideline from tribal officials. EPA received no the development of EPA regulatory and corrects an inadvertent error in comments from tribal officials. proposals with significant Federal another limitation in the codified G. Executive Order 13045: Protection of intergovernmental mandates, and version of the current rule. EPA has Children From Environmental Health informing, educating, and advising determined that there are no CWT Risks and Safety Risks small governments on compliance with facilities owned and/or operated by the regulatory requirements. State or local governments that would Executive Order 13045: ‘‘Protection of EPA has determined that this rule be subject to today’s rule. Further, the Children from Environmental Health does not contain a Federal mandate that rule would only incidentally affect State Risks and Safety Risks’’ (62 FR 19885, may result in expenditures of $100 and local governments in their capacity April 23, 1997) applies to any rule that: million or more for State, local, and as implementers of CWA NPDES (1) Is determined to be ‘‘economically tribal governments, in the aggregate, or permitting programs and approved significant’’ as defined under Executive the private sector in any one year. It pretreatment programs. Thus, Executive Order 12866, and (2) concerns an deletes or revises the limitations and Order 13132 does not apply to this rule. environmental health or safety risk that standards for seven pollutants from In the spirit of Executive Order 13132, EPA has reason to believe may have a certain provisions of the CWT guideline and consistent with EPA policy to disproportionate effect on children. If and corrects an inadvertent error in promote communications between EPA the regulatory action meets both criteria, another limitation in the codified and State and local governments, EPA the Agency must evaluate the version of the current rule. The effect of specifically solicited comment on the environmental health or safety effects of these changes is to reduce the cost of the proposed rule from State and local the planned rule on children, and CWT regulations promulgated in officials. EPA received no comments explain why the planned regulation is December 2000. Thus, today’s rule is from State and local officials. preferable to other potentially effective

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and reasonably feasible alternatives is published in the Federal Register. § 437.25 [Amended] considered by the Agency. This action is not a ‘‘major rule’’ as ■ 9. Section 437.25 is amended by This final rule is not subject to defined by 5 U.S.C. 804(2). This rule removing the following entries in the Executive Order 13045 because it is not will be effective on December 22, 2003 Pretreatment Standards (PSES) table, economically significant as defined for the reasons explained in Section X. under the heading ‘‘Metal Parameters’’: under Executive Order 12866. Further, List of Subjects in 40 CFR Part 437 a. Antimony. this regulation does not concern an b. Barium. environmental health or safety risk that Environmental protection, Waste c. Molybdenum. EPA has reason to believe may have a treatment and disposal, Water pollution disproportionate effect on children. control. § 437.26 [Amended] H. Executive Order 13211: Actions That Dated: December 16, 2003. ■ 10. Section 437.26 is amended by Significantly Affect Energy Supply, Michael O. Leavitt, removing the following words: Distribution, or Use Administrator. a. ‘‘antimony,’’. b. ‘‘barium,’’. This regulation is not subject to ■ For reasons set out in the preamble, 40 c. ‘‘molybdenum,’’. Executive Order 13211, ‘‘Actions CFR chapter I is amended as follows: Concerning Regulations That § 437.31 [Amended] Significantly Affect Energy Supply, PART 437—THE CENTRALIZED ■ 11. Section 437.31 is amended as Distribution, or Use’’ (66 FR 28355, May WASTE TREATMENT POINT SOURCE follows: 22, 2001) because it is not a significant CATEGORY ■ a. In the BPT Limitations table by regulatory action under Executive Order ■ 1. The authority citation for part 437 is removing the following entries under the 12866. revised to read as follows: heading ‘‘Metal Parameters’’: I. National Technology Transfer and Authority: 33 U.S.C. 1311, 1314, 1316, i. Antimony. Advancement Act 1317, 1318, 1342, and 1361. ii. Molybdenum. b. In the BPT Limitations table by As noted in the proposed rule, § 437.11 [Amended] Section 12(d) of the National removing the following entries under Technology Transfer and Advancement ■ 2. Section 437.11(a) is amended by the heading ‘‘Organic Parameters’’: Act of 1995 (NTTAA), Public Law 104– removing the entry for ‘‘Selenium’’ in the i. Aniline. 113, section 12(d), (15 U.S.C. 272 note), BPT Limitations table, under the heading ii. 2,3-Dichloroaniline. ‘‘Metal Parameters’’. directs EPA to use voluntary consensus § 437.33 [Amended] standards in its regulatory activities § 437.13 [Amended] unless to do so would be inconsistent ■ 12. Section 437.33 is amended by with applicable law or otherwise ■ 3. Section 437.13(a) is amended by removing the following words: impractical. Voluntary consensus removing ‘‘selenium,’’. a. ‘‘antimony,’’. b. ‘‘molybdenum,’’. standards are technical standards (e.g., § 437.15 [Amended] materials specifications, test methods, c. ‘‘aniline,’’. sampling procedures, business ■ 4. Section 437.15(a) is amended by d. ‘‘2,3,-dichloroaniline,’’. removing ‘‘selenium,’’. practices) that are developed or adopted § 437.34 [Amended] by voluntary consensus standards § 437.16 [Amended] bodies. The NTTAA directs EPA to ■ 13. Section 437.34 is amended by provide Congress, through the Office of ■ 5. Section 437.16(a) is amended by removing the following words: Management and Budget (OMB), removing ‘‘selenium,’’. a. ‘‘antimony,’’. b. ‘‘molybdenum,’’. explanations when the Agency decides § 437.21 [Amended] not to use available and applicable c. ‘‘aniline,’’. voluntary consensus standards. ■ 6. Section 437.21 is amended by d. ‘‘2,3,-dichloroaniline,’’. removing the following entries in the This action does not involve technical § 437.35 [Amended] standards. Therefore, EPA did not BPT Limitations table, under the heading consider the use of any new voluntary ‘‘Metal Parameters’’: ■ 14. Section 437.35 is amended by consensus standards. a. Antimony. removing the following words: b. Barium. a. ‘‘molybdenum,’’. J. Congressional Review Act c. Molybdenum. b. ‘‘2,3,-dichloroaniline,’’. The Congressional Review Act, 5 d. Titanium. U.S.C. 801 et seq., as added by the Small § 437.36 [Amended] Business Regulatory Enforcement § 437.23 [Amended] ■ 15. Section 437.36 is amended by Fairness Act of 1996, generally provides ■ 7. Section 437.23 is amended by removing the following words: that before a rule may take effect, the removing the following words: a. ‘‘molybdenum,’’. agency promulgating the rule must a. ‘‘antimony,’’. b. ‘‘2,3,-dichloroaniline,’’. submit a rule report, which includes a b. ‘‘barium,’’. copy of the rule, to each House of the c. ‘‘molybdenum,’’. § 437.42 [Amended] Congress and to the Comptroller General d. ‘‘titanium,’’. ■ 16. Sections 437.42 is amended as of the United States. EPA will submit a follows: report containing this rule and other § 437.24 [Amended] ■ a. In paragraph (b)(1) by removing the required information to the U.S. Senate, ■ 8. Section 437.24 is amended by following entries in the BPT Limitations the U.S. House of Representatives, and removing the following words: table, under the heading ‘‘Metal the Comptroller General of the United a. ‘‘antimony,’’. Parameters’’: States prior to publication of the rule in b. ‘‘barium,’’. i. Barium. the Federal Register. A major rule c. ‘‘molybdenum,’’. ii. Molybdenum. cannot take effect until 60 days after it d. ‘‘titanium,’’. iii. Selenium.

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■ b. In paragraph (b)(1) by removing the ii. Molybdenum. (d) * * * following entries in the BPT Limitations iii. Selenium. (1) * * * table, under the heading ‘‘Organic ■ f. In paragraph (c)(1) by revising the Parameters’’: entry for ‘‘Antimony’’ in the BPT BPT LIMITATIONS i. Aniline. Limitations table under the heading ii. 2,3-Dichloroaniline. ‘‘Metal Parameters’’ to read as follows: Maximum Regulated parameter Maximum monthly ■ c. In paragraph (b)(1) by revising the daily 1 § 437.42 Effluent limitations attainable by avg. 1 entry for ‘‘Antimony’’ in the BPT the application of the best practicable Limitations table under the heading control technology currently available Conventional Parameters ‘‘Metal Parameters’’ to read as follows: (BPT). BOD ...... 163 53.0 § 437.42 Effluent limitations attainable by * * * * * 5 (c) * * * the application of the best practicable ***** control technology currently available (1) * * * (BPT). 1 mg/L (ppm). BPT LIMITATIONS * * * * * * * * * * (b) * * * ■ ii. Removing the following entries in (1) * * * Maximum Regulated parameter Maximum monthly the BPT Limitations table under the daily 1 avg.1 heading ‘‘Metal Parameters’’: BPT LIMITATIONS A. Molybdenum. B. Selenium. Maximum *****■ iii. Removing the following entries in Regulated parameter Maximum monthly daily 1 avg.1 Metal Parameters the BPT Limitations table under the heading ‘‘Organic Parameters’’: Antimony ...... 0.249 0.206 A. Aniline. ***** B. 2,3-Dichloroaniline. *****■ i. Paragraph (e) is amended by Metal Parameters removing the following entries in the 1 mg/L (ppm). Antimony ...... 0.249 0.206 BPT Limitations table under the heading * * * * * ‘‘Metal Parameters’’: ■ *****g. In paragraph (c)(1) by revising the i. Antimony. entry for ‘‘Titanium’’ in the BPT ii. Barium. 1 mg/L (ppm). Limitations table under the heading iii. Molybdenum. * * * * * ‘‘Metal Parameters’’ to read as follows: iv. Titanium. ■ ■ j. Paragraph (e) is amended by d. In paragraph (b)(1) by revising the § 437.42 Effluent limitations attainable by entry for ‘‘Titanium’’ in the BPT the application of the best practicable removing the following entries in the Limitations table under the heading control technology currently available BPT Limitations table, under the heading ‘‘Metal Parameters’’ to read as follows: (BPT). ‘‘Organic Parameters’’: i. Aniline. * * * * * § 437.42 Effluent limitations attainable by ii. 2,3-Dichloroaniline. the application of the best practicable (c) * * * control technology currently available (1) * * * § 437.44 [Amended] (BPT). ■ BPT LIMITATIONS 17. Sections 437.44 is amended as * * * * * follows: (b) * * * Maximum ■ a. In paragraph (b)(1) by removing the (1) * * * Regulated parameter Maximum monthly daily 1 following entries in the table, under the avg.1 heading ‘‘Metal Parameters’’: BPT LIMITATIONS i. Barium. ii. Molybdenum. ***** Maximum iii. Selenium. Regulated parameter Maximum monthly daily 1 ■ avg.1 Metal Parameters b. In paragraph (b)(1) by removing the following entries in the table, under the heading ‘‘Organic Parameters’’: ***** *****i. Aniline. Titanium ...... 0.0947 0.0618 ii. 2,3-Dichloroaniline. Metal Parameters ■ c. In paragraph (c)(1) by removing the *****following entries in the table, under the *****1 mg/L (ppm). heading ‘‘Metal Parameters’’: i. Barium. Titanium ...... 0.0947 0.0618 * * * * * ii. Molybdenum. ■ h. Paragraph (d)(1) is amended by: *****■ i. Revising the entry for ‘‘BOD ’’ in the iii. Selenium. 5 ■ d. In paragraph (d)(1) by removing the 1 mg/L (ppm). BPT Limitations table under the heading ‘‘Conventional Parameters’’ as follows: following entries in the BAT Limitations * * * * * table under the heading ‘‘Metal ■ e. In paragraph (c)(1) by removing the § 437.42 Effluent limitations attainable by Parameters’’: following entries in the BPT Limitations the application of the best practicable i. Molybdenum. table, under the heading ‘‘Metal control technology currently available ii. Selenium. Parameters’’: (BPT). ■ e. In paragraph (d)(1) by removing the i. Barium. * * * * * entry for ‘‘Aniline’’ in the BAT

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Limitations table under the heading i. Barium. ■ f. In paragraph (d)(1) by removing the ‘‘Organic Parameters’’: ii. Molybdenum. following entries in the Pretreatment ■ f. In paragraph (e) by removing the iii. Selenium. Standards (PSES) table under the following entries in the BAT Limitations ■ b. In paragraph (b)(1) by revising the heading ‘‘Metal Parameters’’: table under the heading ‘‘Metal entry for ‘‘Antimony’’ in the i. Molybdenum. Parameters’’: Pretreatment Standards (PSES) table ii. Selenium. i. Antimony. under the heading ‘‘Metal Parameters’’ to ■ g. In paragraph (d)(1) by removing the ii. Barium. read as follows: entry for ‘‘2,3-Dichloroaniline’’ in the iii. Molybdenum. Pretreatment Standards (PSES) table iv. Titanium. § 437.46 Pretreatment Standards for under the heading ‘‘Organic ■ g. In paragraph (e) by removing the Existing Sources (PSES). Parameters.’’ following entries in the BAT Limitations * * * * * ■ h. In paragraph (e) by removing the table under the heading ‘‘Organic (b) * * * following entries in the Pretreatment Parameters’’: (1) * * * Standards (PSES) table under the i. Aniline. heading ‘‘Metal Parameters’’: ii. 2,3-Dichloroaniline. PRETREATMENT STANDARDS (PSES) i. Antimony. ii. Barium. § 437.45 [Amended] Maximum Maximum iii. Molybdenum. ■ 18. Sections 437.45 is amended as Regulated parameter 1 monthly ■ i. In paragraph (e) by removing the daily 1 follows: avg. entry for ‘‘2,3-Dichloroaniline’’ in the ■ a. In paragraph (b)(1) by removing the Pretreatment Standards (PSES) table following entries in the Performance *****under the heading ‘‘Organic Standards table, under the heading Parameters.’’ ‘‘Metal Parameters’’: Metal Parameters i. Barium. § 437.47 [Amended] ii. Molybdenum. Antimony ...... 0.249 0.206 ■ 20. Section 437.47 is amended as ■ b. In paragraph (b)(1) by removing the follows: following entries in the Performance ***** ■ a. In paragraph (b)(1) by removing the Standards table, under the heading 1 mg/L (ppm) following entries in the Pretreatment ‘‘Organic Parameters’’: Standards (PSNS) table, under the i. Aniline. * * * * * ■ heading ‘‘Metal Parameters’’: ii. 2,3-Dichloroaniline. c. In paragraph (b)(1) by removing the i. Barium. ■ c. In paragraph (c)(1) by removing the entry for ‘‘2,3-Dichloroaniline’’ in the ii. Molybdenum. following entries in the Performance Pretreatment Standards (PSES) table, iii. Selenium. Standards table, under the heading under the heading ‘‘Organic ■ b. In paragraph (b)(1) by revising the ‘‘Metal Parameters’’: Parameters.’’ entry for ‘‘Antimony’’ in the i. Barium. ■ d. In paragraph (c)(1) by removing the Pretreatment Standards (PSNS) table ii. Molybdenum. following entries in the Pretreatment under the heading ‘‘Metal Parameters’’ to ■ d. In paragraph (d)(1) by removing the Standards (PSES) table, under the read as follows: entry for ‘‘Molybdenum’’ in the heading ‘‘Metal Parameters’’: Performance Standards table, under the i. Barium. § 437.47 Pretreatment Standards for New heading ‘‘Metal Parameters.’’ ii. Molybdenum. Sources (PSNS). ■ e. In paragraph (d)(1) by removing the iii. Selenuim. * * * * * following entries in the Performance ■ e. In paragraph (c)(1) by revising the (b) * * * Standards table, under the heading entry for ‘‘Antimony’’ in the (1) * * * ‘‘Organic Parameters’’: Pretreatment Standards (PSES) table i. Aniline. under the heading ‘‘Metal Parameters’’ to PRETREATMENT STANDARDS (PSNS) ii. 2,3-Dichloroaniline. read as follows: ■ Maximum f. In paragraph (e) by removing the Maximum following entries in the Performance § 437.46 Pretreatment Standards for Regulated parameter 1 monthy daily 1 Standards table under the heading Existing Sources (PSES). avg. ‘‘Metal Parameters’’: * * * * * i. Antimony. (c) * * * ***** ii. Barium. (1) * * * Metal Parameters iii. Molybdenum. iv. Titanium. PRETREATMENT STANDARDS (PSES) Antimony ...... 0.249 0.206 ■ g. In paragraph (e) by removing the following entries in the Performance Maximum ***** Regulated parameter Maximum monthly Standards table, under the heading daily 1 1 mg/L (ppm). ‘‘Organic Parameters’’: avg.1 i. Aniline. * * * * * ii. 2,3-Dichloroaniline. ■ c. In paragraph (b)(1) by removing the *****entry for ‘‘2,3-Dichloroaniline’’ in the Metal Parameters § 437.46 [Amended] Pretreatment Standards (PSNS) table, ■ 19. Sections 437.46 is amended as Antimony ...... 0.249 0.206 under the heading ‘‘Organic follows: Parameters.’’ ■ a. In paragraph (b)(1) by removing the ***** ■ d. In paragraph (c)(1) by removing the following entries in the Pretreatment following entries in the Pretreatment 1 mg/L (ppm). Standards (PSES) table, under the Standards (PSNS) table, under the heading ‘‘Metal Parameters’’: * * * * * heading ‘‘Metal Parameters’’:

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i. Barium. GENERAL SERVICES improve internal efficiency and ii. Molybdenum. ADMINISTRATION effectiveness throughout the Federal Government. Accordingly, in support of iii. Selenium. 41 CFR Parts 300–3, 301–50, 301–52, the PMA, the Government is procuring ■ e. In paragraph (c)(1) by revising the 301–70, and 301–73 the eTravel Service (eTS) from entry for ‘‘Antimony’’ in the [FTR Amendment 2003–07; FTR Case 2003– Government contract suppliers to Pretreatment Standards (PSNS) table 303] replace agencies’ current Travel under the heading ‘‘Metal Parameters’’ to Management Systems (TMS) (see RIN 3090–AH83 read as follows: section 301–1.1 of the FTR for the definition of ‘‘agency’’). This final rule Federal Travel Regulation; eTravel § 437.47 Pretreatment Standards for New amends the FTR by requiring, with Service (eTS) Sources (PSNS). specified exceptions, the use of the * * * * * AGENCY: Office of Governmentwide common Governmentwide, end-to-end eTS. This regulation does not apply to (c) * * * Policy, General Services Administration (GSA). the Department of Defense or the (1) * * * ACTION: Final rule. Government of the District of Columbia. This final rule continues to be written PRETREATMENT STANDARDS (PSNS) SUMMARY: This final rule is issued to in the ‘‘plain language’’ style of amend the Federal Travel Regulation’s regulation writing as a continuation of Maximum (FTR) required use of a travel the General Services Administration’s Regulated parameter Maximum monthy daily 1 (GSA) effort to make the FTR easier to avg.1 management service to the required use of the Governmentwide eTravel Service. understand and use. Questions are in This final rule revises the term and the first person, and answers are in the ***** definition of ‘‘Travel Management second person. GSA uses a ‘‘we’’ and Metal Parameters System (TMS)’’ to ‘‘Travel Management ‘‘you’’ question when referring to an Service.’’ This final rule amends FTR agency, and an ‘‘I’’ and ‘‘you’’ question Antimony ...... 0.249 0.206 requirements governing employees’ use when referring to the employee. of their agencies’ Travel Management However, the rules stated in either ***** Services (TMS) and the eTravel Service section apply to both the employee and (eTS). This final rule also requires agency. 1 mg/L (ppm). agencies to submit migration plans and A proposed rule with request for * * * * * schedules to the eTravel Program comments was published in the Federal Register on June 30, 2003 (68 FR 38661). ■ f. In paragraph (d)(1) by removing the Management Office (PMO) no later than March 31, 2004, implement the eTS no During the 30-day comment period, following entries in the Pretreatment GSA received feedback from ten Federal Standards (PSNS) table under the later than December 31, 2004, and complete migration to eTS for full agencies and one individual. GSA has heading ‘‘Metal Parameters’’: agency-wide use by September 30, 2006 carefully reviewed each comment, and i. Molybdenum. (unless an exception, as defined within based on those comments, this final rule ii. Selenium. this regulation has been granted). This modifies the proposed rule. An explanation of changes and/or further ■ g. In paragraph (d)(1) by removing the final rule specifies that award of a task order to a vendor under the eTS Master responses to questions received are entry for ‘‘2,3-Dichloroaniline’’ in the Contract constitutes eTS discussed as follows. Pretreatment Standards (PSNS) table implementation. These changes will Section 300–3.1 Glossary of Terms under the heading ‘‘Organic improve management efficiency and One agency asked for a definition of Parameters.’’ increase cost effectiveness. ■ ‘‘in-house system’’ and suggested that h. In paragraph (e) by removing the DATES: Effective Date: January 21, 2004. following entries in the Pretreatment GSA rearrange the wording within the FOR FURTHER INFORMATION CONTACT: The definition of ‘‘travel management Standards (PSNS) table under the Regulatory Secretariat, Room 4035, GS service’’ to make it clear that an ‘‘in- heading ‘‘Metal Parameters’’: Building, Washington, DC, 20405, (202) house system’’ is not a part of a i. Antimony. 208–7312, for information pertaining to commercial method of arranging travel. ii. Barium. status or publication schedules. For GSA addresses this comment by stating clarification of content, contact Umeki that an ‘‘in-house (travel) system’’ is iii. Molybdenum. Thorne, Office of Governmentwide where some or all of an agency’s travel ■ i. In paragraph (e) by removing the Policy, Travel Management Policy, at processes (e.g., travel reservation and entry for ‘‘2,3-Dichloroaniline’’ in the (703) 872–8590. Please cite FTR case ticketing services) are provided by the Pretreatment Standards (PSNS) table 2003–303, FTR Amendment 2003–07. agency’s employees. GSA has also under the heading ‘‘Organic SUPPLEMENTARY INFORMATION: rearranged the wording within the Parameters.’’ A. Background definition of ‘‘travel management [FR Doc. 03–31346 Filed 12–19–03; 8:45 am] service’’ to distinguish between an The President’s Management Agenda BILLING CODE 6560–50–P agency’s ‘‘in-house system’’ and an (PMA) for fiscal year 2002 identified agency’s commercial method of five Governmentwide goals to improve arranging travel. Federal management and deliver results. This resulted in the establishment of a Section 301–50.3 Must I Use the Governmentwide task force known as eTravel Service To Arrange My Travel? QuickSilver to address performance Scope of eTravel Service. This section gaps in existing Government systems as defines the scope of the eTS, as well as they relate to E-Government, and to the required date of agencies’ full

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deployment. One Federal agency regulations, contract provisions, etc., the use of these words throughout this pointed out that the policy requirements with which both travelers and TMS regulation. in this section, which stated that this providers must comply when making Two agencies requested more regulation applies to all Executive common carrier, lodging, or car rental clarification in regard to the statement branch agencies, conflicted with the reservations. GSA has considered this ‘‘Agency-wide use of the eTS statement in the Summary of the change and has added a sentence to this accommodating FedTrip through proposed rule, which stated that the eTS section to acknowledge that there may September 30, 2004, and agency- will require all agencies subject to the be additional limits on the travel contracted TMC support * * *’’. GSA Federal Travel Regulation (FTR) to arrangements that a traveler makes. provides the following clarification: The begin migration to the eTS as soon as Section 301–52.3 Am I Required To Department of Transportation’s possible. GSA appreciates and agrees File a Travel Claim in a Specific Format Governmentwide contract with FedTrip with this comment. As a result, GSA has and Must the Claim Be Signed? will expire on September 30, 2004. revised the section to clarify that this Until that time, the eTS will rule applies to all agencies as defined in This section describes the process for accommodate agencies’ use of FedTrip. section 301–1.1, with the exception of filing a travel claim. One agency Upon expiration of the FedTrip the Department of Defense and the questioned whether this section applies contract, the eTS-provided on-line Government of the District of Columbia. to infrequent Government travelers, booking engine(s) (OBEs) will become One agency stated that because Government employees traveling for an the designated OBE(s) for all agencies as agencies may phase in the eTS at agency/bureau other than the employing defined in section 301–1.1 of this different times for its various agency, and invitational travelers. GSA’s regulation, except for the Government of organizational components, the answer is yes. The use of eTS applies to the District of Columbia and the requirement should be that an employee all travelers subject to the FTR, with the Department of Defense. In addition, the must use the eTS when the agency exception of employees of the note to this section has been revised to makes the service available to the Department of Defense and the clarify that agencies may continue to employee. GSA agrees with this Government of the District of Columbia. use non-eTS government-contracted comment. The regulation’s intent is that However, an agency head or his/her TMC services. employees will begin using eTS when designee may grant individual case-by- the service becomes available within an case exceptions to the use of eTS in Section 307–73.101 How Must We agency, unless an exception applies accordance with sections 301–73.102 Prepare To Implement the eTravel under section 301–50.4, 301–73.102 or and 301–73.104 of this regulation. In Service? 301–73.104, and the agency will make it addition, if a traveler is unable to use a This section outlines the steps available no later than September 30, portion of the eTS, (e.g., reservation agencies should take to prepare for eTS 2006. As a result, section 301–50.3 has services), the traveler is not exempt migration. One agency stated that been modified. from the requirement to use the budgetary and personnel allocations remaining eTS components. Section 301–50.4 May I Be Granted an should not be part of the FTR and that Exception to the Required Use of the Section 301–73.2 What Are Our the eTS final rule should establish goals eTravel Service? Responsibilities as Participants in the or targets for implementing eTS, but not direct agencies on budgetary or The section heading in the proposed Federal Travel Management Program? personnel matters. GSA agrees that rule, ‘‘Who in my agency has the This section defines what an agency normally the FTR would not address authority to waive the required use of a must do under the Federal travel how an agency should arrange its travel Travel Management Service or the management program. One agency related budget or personnel eTravel Service,’’ has been revised to asked how would an agency support requirements. In this instance, however, read, ‘‘May I be granted an exception to eTS in an ‘‘efficient’’ and ‘‘cost GSA believes it is very important for the required use of the eTravel effective’’ manner and determine that agencies to prepare for the eTS Service?’’ support is ‘‘efficient’’ and ‘‘cost migration/implementation by effective’’ other than through normal Section 301–50.5 What Is My Liability establishing their budget and personnel contracting procedures. GSA’s response If I Do Not Use My Agency’s TMS or the resources. GSA did, however, remove is that an agency can determine if its eTravel Service and an Exception Has the provisions as a requirement under current TMS is cost effective by Not Been Approved? paragraph (c) and established it as a comparing its current service costs and ‘‘Note’’ to provide guidance to agencies. Section 301–50.6 Are There Any benefits to the cost of services and Limits on the Travel Arrangements I benefits provided by the eTS contract. 301–73.102 May We Grant an May Make? This will be accomplished through a Employee an Exception From the Use of One agency stated that sections 301– competitive task order evaluation the eTravel Service? 50.5 and 301–50.6 should be reversed. among the eTS contractors. 301–73.104 May Further Exceptions to GSA is not persuaded that this change Section 301–73.100 Must We Require the Required Use of the eTravel Service is needed, and the order of these Employees To Use the eTravel Service? Be Approved? sections remains unchanged. This section sets the dates by which Section 301–73.102 governs agency Section 301–50.6 Are There Any agencies must implement the eTS. eTS approval of exceptions to the use of the Limits on the Travel Arrangements I implementation is when an agency eTS on an individual case-by-case basis; May Make? places a task order with an eTS vendor. section 301–73.104 governs approval of Limitations On The Use of Travel It was unclear to one agency what GSA exceptions on an agency-wide basis, or Management Services. This section meant by the parenthetical ‘‘if a sub-component thereof. Two agencies imposes certain requirements and applicable’’ in the note to this section. stated that the exceptions in the limitations on arranging for travel GSA agrees that the words ‘‘if proposed rule were too limited and that services. One agency stated that GSA applicable’’ may have been confusing to an agency might have need for should clarify that there are other the reader and has therefore removed exceptions other than those listed. GSA

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has considered these comments and fiscal year 2002, representatives from ‘‘migration.’’ GSA defines ‘‘migration’’ modified section 301–73.102 to broaden twenty-seven agencies serving on the as when an agency is actively moving the circumstances under which an QuickSilver Task Force identified web- from its current travel management agency head may approve exceptions on based travel management services as a service to the eTS. Migration begins an individual case-by-case basis. GSA high impact initiative. These benefits when an agency submits its migration has also modified section 301–73.104 to have been validated through business plan to the eTravel PMO and ends when broaden circumstances under which case analysis published under OMB an agency has fully deployed the eTS. GSA may grant an exception to a 300/Exhibit 53 which outlines the One agency stated that it would Department (or component thereof) or funding for each agency to use for submit its migration plan and schedule an Independent agency. migration and full deployment to eTS. within three months, once the eTS This information may be obtained vendors are selected and they know General Comments through your agency’s Chief Information what steps need to be taken. As long as eTravel Service (eTS) and Travel Officer. Delayed migration to the eTS this agency submits its migration plan Management Service. One agency would unnecessarily delay cost savings and schedule to the eTravel PMO no commented that the statement ‘‘eTS will and service benefits to agencies; for that later than March 31, 2004, it will be in replace Executive agencies’ current reason, GSA is committed to its compliance with this regulation. Travel Management System’’ clearly scheduled migration/full deployment Migration plans are the roadmap for conflicts with other portions of the dates. agencies to migrate to eTS. The regulation that are intended to give eTS and DTS. One individual asked if migration plan represents tasks and key agencies choices in obtaining travel the eTS will replace the DTS. GSA’s decisions each agency must map out in agent services (i.e., Government- response is no. Although the eTS is order to make an informed and contracted TMCs) outside of the eTS, available for use by the Department of intelligent decision regarding its eTS while another agency stated that if the Defense (DOD), DOD has developed the migration. definition of a TMS were expanded, DTS for its use. One agency asked whether all bureaus agencies would have flexibility to move Small Agencies/(eTS and within an agency have to begin to a system that might not require the International Travel/Training on eTS). migration to eTS for an agency to intervention of a travel agency. GSA’s One agency asked how eTS will receive credit for beginning migration. response is that an agency may choose incorporate small commissions/ GSA’s response is yes. An agency’s to incorporate a non eTS-provided TMC agencies, handle international travel, migration to the eTS begins when it into eTS or use the eTS provided TMC and if training will be provided on the submits to the eTravel PMO the services. However, the intent of eTS is program’s application. The eTS will agency’s plan to migrate all bureaus/ not to replace an agency’s Government- support all agencies, large and small. As activities to eTS. Agencies are strongly contracted TMC, but to deliver a a commercially hosted service, eTS is encouraged to submit a task order that unified, simplified service that delivers well-positioned to serve small agencies will include the handling of all a cost effective travel experience, with a minimum investment and no IT activities under its organization (i.e., a supports excellent travel management, overhead. If a small commission/agency task order signed by the designated and results in superior customer receives travel management services authority at a Department (for cabinet- satisfaction. The eTS contractors must (electronic authorizations and/or level agencies) or the head of an accommodate agency-contracted TMCs. vouchers) from a larger cross-servicing Independent Agency that will apply to GSA has revised the notes to sections agency, GSA recommends the small all its sub-organizations under its 301–73.100 and 301–73.106 to better agency to work with the large agency to Department or Independent agency). reflect this intent. understand the large agency’s plan and One agency asked what the eTS PMO Adoption/Delay of Implementation. timeline for migrating to eTS. A small will do if an agency does not have funds One agency asked if their agency should agency may determine there is value in to migrate to the eTS. The eTS PMO has develop its own eTS or wait for the continuing a relationship with the been working with the Office of Governmentwide eTS. GSA’s response servicing agency, or it may migrate to Management and Budget (OMB) and is that use of the Governmentwide eTS eTS independently of the large agency. Federal financial officers to identify is a requirement for all agencies subject Processing international travel funds for migration to the eTS during to the FTR, with the exception of the through the eTS will be the same as fiscal year 2004/2005 budget cycles. The Department of Defense and the processing domestic travel. Travelers OMB has indicated that its resource Government of the District of Columbia. will have access to an online booking management officers are working with GSA has cautioned agencies against engine with the ability to view and book agencies to allocate funding for all E- investing in new systems that will be international reservations (air, hotel, Government Initiatives launched in agency-specific and non-transferable to rental, car, etc.) without calling a travel support of the President’s Management the Governmentwide eTS. agent. The eTS also includes traditional Agenda published in FY 2002. The note One agency stated that GSA should travel agency services should a traveler in section 301–73.101 of this regulation change the agency’s full deployment require the assistance of a travel agent provides guidance to agencies on the date of eTS from September 30, 2006 to for more complex international (or importance of allocating budgets and December 31, 2007, and implementation domestic) trips. (Note: An agency may establishing personnel resources to from December 31, 2004 to December continue to use its own TMC in support the migration to eTS. 31, 2005, while another agency stated conjunction with eTS, or it may use the Funds. One agency stated that that the required use of eTS should be TMC provided by its eTS vendor.) agencies may incur expenses to end or delayed, or waivers granted, until eTS is The eTS vendors are required to modify contracts with TMCs in order to tested and costs are known and benefits provide training on the standard migrate to eTS. That agency asked if the are shown. GSA’s response is that migration services. Additionally, each eTS PMO will subsidize or account for migrating to eTS will improve internal vendor may provide supplemental such costs. GSA’s response is, expenses efficiency and effectiveness throughout training services at the agency’s option. incurred as a result of contractual the Federal Government. In support of Migration to eTS. One agency asked actions related to orders for travel the President’s Management Agenda for what GSA means by the term management services are the

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responsibility of the ordering agency. and these rates provide overall better eTravel Service (eTS)—The This applies for orders placed under value to travelers. Government-contracted, end-to-end GSA contract vehicles, as well as orders travel management service that B. Executive Order 12866 under other agency contracts. When an automates and consolidates the Federal agency prepares its migration plan, it This is not a significant regulatory travel process in a self-service Web- should identify the types of constraints action and, therefore, was not subject to centric environment, covering all it may encounter and take steps to review under Section 6(b) of Executive aspects of official travel, including mitigate any risk by coordinating eTS Order 12866, Regulatory Planning and travel planning, authorization, migration schedules to address risk Review, dated September 30, 1993. This reservations, ticketing, expense mitigation strategies, such as the rule is not a major rule under 5 U.S.C. reimbursement, and travel management expiration of contract option periods. 804. reporting. The eTS provides the services We note that this FTR amendment does C. Regulatory Flexibility Act of a Federal travel management program permit an agency to continue using its as specified in § 301–73.1(a), (b), and (e) existing TMC in conjunction with eTS. This final rule is not required to be of this title. One agency asked, if GSA will published in the Federal Register for * * * * * publish eTS metrics and baseline costs notice and comment; therefore, the Travel Management Service (TMS)—A per transaction so that agencies have a Regulatory Flexibility Act, 5 U.S.C. 601, service for booking common carrier benchmark to determine if it would be et seq., does not apply. (e.g., air, rail, and bus confirmations and impractical from a cost perspective to seat assignments), lodging migrate to eTS. GSA’s response is yes. D. Paperwork Reduction Act accommodations, and car rental The eTS PMO will provide a contractor- The Paperwork Reduction Act does services; fulfilling (i.e. ticketing) pricing schedule that will identify not apply because the changes to the reservations; providing basic transactional costs for reservations, FTR do not impose recordkeeping or management information on those online voucher services costs and information collection requirements, or activities; and meeting other charges for other services to assist the collection of information from requirements as specified in § 301– agencies in comparing their current offerors, contractors, or members of the 73.106 of this title. A TMS may include systems to eTS. public that require the approval of the One agency stated that GSA should a travel management center (TMC), Office of Management and Budget under Commercial Ticket Office (CTO), an identify and publish the cost it plans to 44 U.S.C. 3501, et seq. charge agencies/bureaus for the eTS. electronically available system, other The eTS PMO will provide the E. Small Business Regulatory commercial methods of arranging travel, Industrial Funding Fee (IFF) and Enforcement Fairness Act or an in-house system. contractor price schedules. This final rule is also exempt from * * * * * FPLP. One agency stated that its congressional review prescribed under 5 PART 301–50—ARRANGING FOR employees have found that they can stay U.S.C. 801 since it relates solely to TRAVEL SERVICES at an FPLP lodging facility at a greatly agency management and personnel. reduced fee if they do not identify ■ List of Subjects in 41 CFR Parts 300–3, 3. Revise part 301–50 to read as themselves as a Federal traveler, and follows: that rooms can be obtained at rates at a 301–50, 301–52, 301–70, and 301–73 significantly lower rate than the Government employees, Travel and Sec. Government published rate. When 301–50.1 To whom do the pronouns ‘‘I’’, transportation expenses. ‘‘you’’, and their variants throughout this selecting a commercial lodging facility, Dated: December 8, 2003. part refer? first consideration must be given to the Stephen A. Perry, 301–50.2 How must I arrange my travel? commercial lodging facilities contracted 301–50.3 Must I use the eTravel Service to Administrator of General Services. by GSA under the FPLP that meet the arrange my travel? fire safety requirements, where ■ For the reasons set out in this 301–50.4 May I be granted an exception to available, unless certain conditions exist preamble, 41 CFR parts 300–3, 301–50, the required use of the eTravel Service? under section 301–50.6 of this 301–50.5 What is my liability if I do not use 301–52, 301–70, and 301–73 are my agency’s TMS or the eTravel Service, regulation. However, when a traveler amended as set forth below: can obtain a lower rate at an FPLP and an exception has not been approved? lodging facility, the employee is 301–50.6 Are there any limits on travel PART 300–3—GLOSSARY OF TERMS arrangements I may make? encouraged to do so. This is consistent with the long-standing policy that ■ 1. The authority citation for 41 CFR Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c). part 300–3 is revised to read as follows: employees should exercise the same § 301–50.1 To whom do the pronouns ‘‘I’’, standards of care when incurring Authority: 5 U.S.C. 5707; 5 U.S.C. 5738; 5 ‘‘you’’, and their variants throughout this expenses on official business that a U.S.C. 5741–5742; 20 U.S.C. 905(a); 31 U.S.C. part refer? prudent person would exercise if 1353; 40 U.S.C. 121(c); 49 U.S.C. 40118; E.O. In this part, the pronouns ‘‘I’’, ‘‘you’’, traveling on personal business. During a 11609, 3 CFR, 1971–1975 Comp., p.586. and their variants refer to the employee. sluggish economy, hotels are deeply ■ 2. Amend § 300–3.1 by removing the discounting rooms forecasted not to sell term and definition ‘‘Travel Management § 301–50.2 How must I arrange my travel? within a short window of time. System (TMS)’’; and adding in You must arrange your travel as However, in a better economy, hotels alphabetical order the terms and designated by your agency and in need not reduce rates, and may increase definitions, ‘‘eTravel Service (eTS)’’ and accordance with this part. them. When companies and ‘‘Travel Management Service (TMS)’’ to Government agencies negotiate long read as follows: § 301–50.3 Must I use the eTravel Service term discounted lodging rates for their to arrange my travel? preferred lodging programs, these rates § 300–3.1 What do the following terms Yes, if you are an employee of an are based on a year-long commitment mean? agency as defined in § 301–1.1 of this not subject to changes in the economy, * * * * * chapter, you must use the eTravel

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Service when your agency makes it (3) You must always use a U.S. Flag § 301–52.3 Am I required to file a travel available to you. Until then, you must Air Carrier unless your travel claim in a specific format and must the use your agency’s existing Travel circumstances meet one of the claim be signed? Management System (TMS) to make exceptions in §§ 301–10.131 through As soon as your agency migrates to your travel arrangements. If you are an 301–10.143 of this chapter. the eTravel Service (eTS), you must use employee of the Department of Defense (b) Lodging accommodations. (1) You the eTS to file all your travel claims. (DoD) or of the Government of the should always stay in a ‘‘fire safe’’ (Agencies are required to migrate to the District of Columbia, you must arrange facility. This is a facility that meets the eTS no later than September 30, 2006.) your travel in accordance with your fire safety requirements of the Hotel and Until that time, you must file your travel agency’s TMS. Motel Fire Safety Act of 1990, as claim in the format prescribed by your amended (see 5 U.S.C. 5707a). agency. If the prescribed travel claim is § 301–50.4 May I be granted an exception (2) When selecting a commercial hardcopy, the claim must be signed in to the required use of the eTravel Service? lodging facility, first consideration must ink. Any alterations or erasures to your Your agency head or designee(s) may be given to the commercial lodging hardcopy travel claim must be initialed. grant case-by-case exceptions to the use facilities contracted by GSA under the If your agency has electronic processing, of eTS when it— Federal Premier Lodging Program use your electronic signature where (a) Causes an unreasonable burden on (FPLP) (a list of FPLP facilities may be required. your agency mission accomplishment(s) found on the Internet at http:// (e.g., emergency travel (and eTS is not www.gsa.gov), all of which meet fire PART 301–70—INTERNAL POLICY accessible), invitational travel, necessity safety requirements, unless one or more AND PROCEDURE REQUIREMENTS of disability accommodations or special of the following conditions exist: ■ 6. Revise the authority citation for 41 needs (in accordance with part 301–13 (i) An FPLP facility is not available at CFR part 301–70 to read as follows: of this chapter)); the location you need (e.g., there are no (b) Compromises a national security FPLP facilities under contract within a Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); interest; or reasonable proximity of your temporary Sec 2, Pub. L. 105–264, 112 Stat. 2350 (5 U.S.C. 5701 note.) (c) May endanger the life of the duty station, or there are no vacancies traveler (e.g., an individual traveling at the FPLP facilities at that location). ■ 7. Revise § 301–70.1 to read as follows: under the Federal witness protection (Your agency’s TMS or eTravel Service § 301–70.1 How must we administer the program, or threatened law (eTS) must provide you with a list of authorization and payment of travel enforcement/investigative personnel alternative facilities that meet the fire expenses? traveling in accordance with part 301– safety requirements of the Act). When administering the authorization 31 of this chapter). (ii) Your agency has other contractual and payment of travel expenses, you— arrangements with commercial lodging (a) Must limit the authorization and § 301–50.5 What is my liability if I do not facilities that meet the FEMA fire safety use my agency’s TMS or the eTravel payment of travel expenses to travel that Service, and an exception has not been requirements at a lower cost than FPLP is necessary to accomplish your mission approved? properties. in the most economical and effective (iii) Your agency determines on an manner, under rules stated throughout If you do not have an approved individual case-by-case basis that it is exception under §§ 301–50.4 or 301– this chapter; not practical to use FPLP facilities to (b) Should give consideration to 73.104 of this chapter, you are meet mission requirements. responsible for any additional costs budget constraints, adherence to travel (iv) You are attending a conference policies, and reasonableness of resulting from the failure to use the with prearranged lodging TMS or eTravel Service, including expenses; accommodations and are required to (c) Should always consider service fees, cancellation penalties, or book lodging directly with the lodging other additional costs (e.g., higher alternatives, including teleconferencing, facility. prior to authorizing travel; and airfares, rental car charges, or hotel (v) Your travel is OCONUS. (d) Must require employees to use the rates). In addition, your agency may take (c) Car rental accommodations. When eTS to process travel authorizations and appropriate disciplinary action. authorized to use a rental vehicle under claims for travel expenses once you § 301–10.450 of this chapter, you must § 301–50.6 Are there any limits on travel migrate to the eTS, but no later than rent a vehicle from a vendor that arrangements I may make? September 30, 2006, unless an participates in the Military Traffic Yes, there are limits on travel exception has been granted under Management Command (MTMC) U.S. arrangements you may make for §§ 301–73.102 or 301–73.104 of this Government Car Rental Agreement, common carrier, commercial lodging, chapter. unless you are OCONUS and no and car rental accommodations. Such agreement is in place for your TDY limitations include, but are not limited PART 301–73—TRAVEL PROGRAMS location. MTMC has negotiated rental to the following: car agreements that include automatic ■ 8. Revise the authority citation for 41 (a) Common carrier accommodations. unlimited mileage, collision damage CFR part 301–73 to read as follows: (1) If your agency is a mandatory user insurance, and ceiling rates. of the General Services Administration’s Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c). city-pair contracts for air passenger PART 301–52—CLAIMING ■ 9. Amend Part 301–73 by revising transportation services, you must use REIMBURSEMENT subparts A and B to read as follows: the contract carrier, unless you have an approved exception (see §§ 301–10.107 ■ 4. Revise the authority citation for 41 PART 301–73— TRAVEL PROGRAMS and 301–10.108 of this chapter); CFR part 301–52 to read as follows: Subpart—General Rules (2) You may use premium-class Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); accommodations only under §§ 301– Sec. 2., Pub. L. 105–264, 112 Stat. 2350 (5 Sec. 10.121 through 301–10.124, 301–10.162, U.S.C. 5701 note). 301–73.1 What does the Federal travel and 301–10.183 of this chapter; and ■ 5. Revise § 301–52.3 to read as follows: management program include?

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301–73.2 What are our responsibilities as (a) Designate an authorized § 301–73.101 How must we prepare to participants in the Federal travel representative to administer the implement the eTravel Service? management program? program including leading your You must prepare to implement the Subpart B—eTravel Service and Travel agency’s migration of eTS; eTS as expeditiously as possible by— Management Service (b) Ensure that you have internal (a) Developing a migration plan and 301–73.100 Must we require employees to policies and procedures in place to schedule to deploy eTS across your use the eTravel Service? govern use of the program including a agency as early as possible with full 301–73.101 How must we prepare to plan and timeline to implement eTS no deployment required no later than implement the eTravel Service? later than December 31, 2004, with September 30, 2006; and 301–73.102 May we grant a traveler an agency-wide migration to eTS (b) Submitting your eTS migration exception from the use of the eTravel plan and schedule by March 31, 2004 to Service? completed no later than September 30, 301–73.103 What must we do when we 2006; the U.S. General Services Administration, Attention: eTravel approve an exception to the use of the (c) Establish a plan that will measure PMO. eTravel Service? direct and indirect cost savings and 301–73.104 May further exceptions to the management efficiencies through the Note to § 301–73.101: Your agency should required use of the eTravel Service be work with the Office of Management and approved? use of eTS once deployed. This plan must include your migration plan and Budget to allocate budget and personnel 301–73.105 What are the consequences of resources to support eTS migration and data an employee not using the eTravel schedule which must be submitted by exchange. Your agency is responsible for Service or the TMS? March 31, 2004 to the eTravel Program providing the funds required to establish 301–73.106 What are the basic services that Management Office (PMO) (see § 301– interfaces between the eTS standard data should be covered by a TMS? 73.101); output and applicable business systems (e.g., * * * * * (d) Require employees to use eTS in financial, human resources, etc.). lieu of your TMS as soon as it becomes Subpart A—General Rules available in your agency (unless an § 301–73.102 May we grant a traveler an exception has been granted in exception from the use of the eTravel § 301–73.1 What does the Federal travel Service? management program include? accordance with §§ 301–73.102 or 301– Your agency head or his/her designee The Federal travel management 73.104), but no later than September 30, may grant individual case-by-case program includes— 2006; and exceptions to the use of eTS when such (a) A travel authorization and claim (e) Ensure that any agency-contracted use— system that implements the related travel agency services (TMS) (a) Causes an unreasonable burden on requirements of the Federal Travel complement and support eTS in an mission accomplishment(s) (e.g., Regulation. (See §§ 301–2.1 and 301– efficient and cost effective manner. 52.3 and part 301–71 of this chapter for emergency travel (and eTS is not those requirements); Subpart B—eTravel Service and Travel accessible), invitational travel, necessity (b) A TMS that provides reservation Management Service of disability accommodations or special and ticketing support and management needs in accordance with part 301-13 of § 301–73.100 Must we require employees this chapter); reports on reservation and ticketing to use the eTravel Service? activities. (See § 301–73.106 for specific (b) Compromises a national security services that should be provided by a Yes, unless you have an exception to interest; TMS); the use of the eTS (see §§ 301–73.102 (c) May endanger the life of the (c) A Travel payment system for and 301–73.104), you must have fully traveler (e.g., an individual traveling paying travel service providers in deployed the eTS across your agency under the Federal witness protection accordance to §§ 301–73.300 and 301– and require employees to use the eTS program or threatened law enforcement/ 73.301 of this chapter; for all temporary duty travel no later investigative personnel traveling in (d) Contracts and similar than September 30, 2006. Agencies must accordance with part 301–31 of this arrangements, with transportation and submit their eTS migration plans and chapter); or lodging providers (e.g. Government- schedules by March 31, 2004 to the (d) Is consistent with any contractual contract air carriers, rental car eTravel PMO, (see § 301–73.101). You terms applicable to your agency (i.e., companies, trains, hotels (e.g., Federal must implement the eTS no later than you must insure that any exceptions do Premier Lodging Program (FPLP) December 31, 2004, and require not cause a breach of contract). properties), etc.) that give preferential employees to use the eTS as soon as it § 301–73.103 What must we do when we rates and other benefits to Federal becomes available in your agency. The approve an exception to use of the eTravel travelers on official business; and Department of Defense and the Service? Government of the District of Columbia (e) A Travel Management Reporting The head of your agency or his/her are not subject to this requirement. System that covers financial and other designee must approve an exception to travel characteristics required by the Notes to § 301–73.100: (1) You have the the use of the eTS under § 301–73.102 biennial Travel Survey (see §§ 300–70.1 option to use the contracted travel agent in writing or through electronic means. through 300–70.4 of this title). service(s) of your choice (through the eTS or Note to § 301–73.1: The eTravel Service other contract vehicles). You have the § 301–73.104 May further exceptions to the (eTS) fulfills the requirements of paragraphs responsibility for ensuring agency-contracted required use of the eTravel Service be (a), (b), and (e) of this section. travel agent services complement and approved? support the eTS in an efficient and cost (a) The Administrator of General effective manner. (2) Award of a task order § 301–73.2 What are our responsibilities as to a vendor on the eTS Master Contract Services or his/her designee may grant participants in the Federal travel constitutes eTS implementation. Agency- an agency-wide exception (or exempt a management program? wide use of the eTS for all travel component thereof) from the required As a participant in the Federal travel management processes and travel claim use of eTS when requested by the head management program, you must— submission constitutes complete migration. of a Department (cabinet-level agency)

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or head of an Independent agency contract city-pair fares, electronic ACTION: Notice of continuation of when— ticketing, ticket delivery, etc.). regulations. (1) The agency has presented a (2) Lodging information (e.g., room business case analysis to the General availability, reservations and SUMMARY: The regulations contained in Services Administration that proves that confirmation, compliance with Hotel/ the emergency rule published on June it has an alternative TMS to the eTS that Motel Fire Safety Act, availability of 27, 2003, in order to reduce overfishing is in the best interest of the Government Federal Premier Lodging Program and continue conservation measures, and the taxpayer (i.e., the agency has properties, per diem rate availability, are continued for an additional 180 evaluated the economic and service etc.). days, after which subsequent Secretarial values offered by the eTS contractor(s) (3) Car rental and rail information action may be taken to ensure that compared to those offered by the (e.g., availability of Military Traffic sufficient measures to reduce agency’s current Travel Management Management Command (MTMC) overfishing remain in place, or until System (TMS) and has determined that Government agreement rates where Amendment 13 to the NE Multispecies the agency’s current TMS is a better applicable, confirmation of reservations, Fishery Management Plan (FMP) is value); etc.). implemented (on or about May 1, 2004), (2) The agency has security, secrecy, (b) Provide basic management whichever occurs first. Amendment 13 or protection of information issues that information, such as— will implement rebuilding plans for cannot be mitigated through security (1) Number of reservations by type of several groundfish stocks and address provided by the eTS contractors; service (common carrier, lodging, and capacity issues in the fishery. This (3) The agency lacks the technology car rental); notice is necessary to comply with the necessary to access eTS; or (2) Extent to which reservations are in Magnuson-Stevens Fishery (4) The agency has critical and unique compliance with policy and reasons for Conservation and Management Act technology or business requirements exceptions; (Magnuson-Stevens Act) regarding the that cannot be accommodated by the (3) Origin and destination points of continuation of emergency measures. eTS contractors at all or at an acceptable common carrier usage; DATES: The final emergency rule and reasonable price (e.g., majority of (4) Destination points for lodging published June 27, 2003, at 68 FR travel is group-travel). accommodations; 38234, which became effective July 28, (b) As a condition of receiving an (5) Number of lodging nights in 2003, continues in effect until exception, the agency must agree to approved accommodations; superseded by a future rule action to be conduct annual business case reviews of (6) City or location where car rentals published in the Federal Register. its TMS and must provide to the eTravel are obtained; and ADDRESSES: Copies of the small entity PMO data elements required by the (7) Other tasks, e.g., reconciliation of compliance guide prepared for the June eTravel PMO in a format prescribed by charges on centrally billed accounts and 27, 2003, final emergency rule are the eTravel PMO. processing ticket refunds. available from Patricia A. Kurkul, (c) Requests for exceptions should be Note to 301–73.106: The eTS fulfills the Regional Administrator, NE Regional sent to the Administrator, General basic services of a TMS. You have the option Office, National Marine Fisheries Services Administration, 1800 F Street, to use the contracted travel agent service(s) Service, One Blackburn Drive, NW., Washington, DC 20405 with full of your choice through eTS or other contract Gloucester, MA 01930–2298. The letter justification and/or analysis addressing vehicles. You have the responsibility to is also accessible via the Internet at paragraphs (a)(1), (a)(2), (a)(3), or (a)(4) ensure that agency-contracted-for travel agent http://www.nero.noaa.gov. Copies of the of this section. services complement and support the eTS in June 27, 2003, final emergency rule, an efficient and cost effective manner. (See including the Environmental § 301–73.105 What are the consequences § 301–73.2). Assessment/ Regulatory Impact Review/ of an employee not using the eTravel Service or the TMS? [FR Doc. 03–31225 Filed 12–19–03; 8:45 am] Final Regulatory Flexibility Analysis (EA/RIR/FRFA), and public comments BILLING CODE 6820–14–P If an employee does not use the eTS and responses are available upon (when available) or your agency’s request from the Regional designated TMS, he/she is responsible Administrator. The EA/RIR/FRFA is for any additional costs (see § 301–50.5 DEPARTMENT OF COMMERCE also accessible via the Internet at http:/ of this chapter) resulting from the /www.nero.nmfs.gov. failure to use the eTS or your TMS. In National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: addition, you may take appropriate Administration Susan Chinn, Fishery Management disciplinary actions. Specialist, (978) 281–9218, fax (978) 50 CFR Part 648 § 301–73.106 What are the basic services 281–9135, e-mail that should be covered by a TMS? [Docket No. 020409081–3154–02; I.D. [email protected]. The TMS must, at a minimum— 032103B] SUPPLEMENTARY INFORMATION: (a) Include a Travel Management Center (TMC), commercial ticket office RIN 0648–AQ72 Background (CTO), an in-house system, an Fisheries of the Northeastern United On August 1, 2002, NMFS published electronically available system, or other States; Magnuson-Stevens Fishery an interim final rule (67 FR 50292) that method(s) of arranging travel, which has Conservation and Management Act implemented interim measures the ability to provide the following as Provisions; Northeast (NE) intended to reduce overfishing on appropriate to the agency’s travel needs: Multispecies Fishery species managed under the FMP. The (1) Booking and fulfillment of August 1, 2002, interim final rule was common carrier arrangements (e.g., AGENCY: National Marine Fisheries in response to a Remedial Order issued flight confirmation and seat assignment, Service (NMFS), National Oceanic and on May 23, 2002, by the U.S. District compliance with the Fly America Act, Atmospheric Administration (NOAA), Court for the District of Columbia Governmentwide travel policies, Commerce. (Court). The interim rule completed

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implementation of restrictions specified through publication in the Federal this regulatory requirement, NMFS in a Settlement Agreement, which was Register, for one additional period of issues this rule to set final quotas for the ordered to be implemented by the Court. 180 days, provided the public has had Atlantic surfclam, ocean quahog, and Based on the May 23, 2002, Court an opportunity to comment on the Maine mahogany ocean quahog fisheries Order, the management measures emergency rule. The public was given for 2004. These regulations specify implemented by the August 1, 2002, such opportunity to comment in the allowable harvest levels of Atlantic interim rule and its extension, must form of a proposed rule before the final surfclams and ocean quahogs from the remain in effect until implementation of emergency rule was published. NMFS Exclusive Economic Zone and an Amendment 13 to the FMP, which is has determined that it is necessary to allowable harvest level of Maine scheduled to be in effect no later than continue this emergency rule to reduce mahogany ocean quahogs from Atlantic May 1, 2004. On January 22, 2003, overfishing and to comply with the waters north of 43 50’ N. lat. in 2004. NMFS published a Notice of Court Order. Because the management DATES: Effective from January 1, 2004, Continuation of Regulations in the measures implemented by the June 27, through December 31, 2004. Federal Register (68 FR 2919) to inform 2003, final emergency rule were written ADDRESSES: Copies of the surfclam and the public of the continuance of the in such a way as to be effective ocean quahog quota specifications interim regulations for a second 180– indefinitely, no formal regulatory action document for 2004, including the day period. Under the Magnuson- is necessary. Instead, to comply with Environmental Assessment, Regulatory Stevens Act, however, the authority to section 305(c) of the Magnuson-Stevens Impact Review, Initial Regulatory implement interim regulations is Act, it is necessary only to publish in Flexibility Analysis (EA/RIR/IRFA), and limited to two consecutive 180–day the Federal Register a Notice of the Essential Fish Habitat Assessment, periods. The second 180–day period Continuation of Regulations to inform and other supporting documents, are ended on July 27, 2003. the public that NMFS has decided to available from Daniel Furlong, Because the schedule for continue these regulations. The impacts Executive Director, Mid-Atlantic implementation of Amendment 13 was of continuing the Settlement Agreement Fishery Management Council, Room extended until May 1, 2004, emergency measures, with some modifications, 2115, Federal Building, 300 South New Secretarial action was necessary to were analyzed in the Environmental Street, Dover, DE 19904–6790. The Final continue the current management Assessment completed for the June 27, Regulatory Flexibility Analysis (FRFA) measures from July 28, 2003, until the 2003, final emergency rule. consists of the IRFA, public comments implementation of Amendment 13 (on The June 27, 2003, final emergency and responses contained in this final or about May 2004). Due to the need to rule was determined to be significant for rule, and the summary of impacts and continue the regulations until May 1, purposes of Executive Order 12866. alternatives contained in this final rule. 2004, a proposed emergency rule, Authority: 16 U.S.C. 1801 et seq. Copies of the small entity compliance soliciting public comment, was guide are available from Patricia A. published on April 24, 2003 (68 FR Dated: December 16, 2003. Kurkul, Regional Administrator, NMFS, 20096), and subsequently corrected on Rebecca Lent, Northeast Regional Office, One May 9, 2003 (68 FR 24914), followed by Deputy Assistant Administrator for Blackburn Drive, Gloucester, MA a final emergency rule (68 FR 38234), Regulatory Programs, National Marine 01930–2298. A copy of the EA/RIR/ published on June 27, 2003, Fisheries Service. IRFA is accessible via the Internet at implementing emergency measures [FR Doc. 03–31484 Filed 12–17–03; 2:56 pm] http:/www.nero.gov/ro/doc/nr.htm. intended to reduce overfishing on BILLING CODE 3510–22–S FOR FURTHER INFORMATION CONTACT: species managed under the FMP and to Susan W. Chinn, Fishery Management continue most interim conservation Specialist, 978–281–9218, measures specified in the Settlement DEPARTMENT OF COMMERCE [email protected]. Agreement until Amendment 13 is implemented. These measures included National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: The a freeze on days-at-sea (DAS) at the Administration Fishery Management Plan for the highest annual level used from fishing Atlantic Surfclam and Ocean Quahog years 1996–2000 and a 20–percent cut 50 CFR Part 648 Fisheries (FMP) requires that NMFS, in consultation with the Mid-Atlantic from that level; a freeze on the issuance [Docket No. 031015257–3308–02 ; I.D. of new open access Hand-gear permits; 101603A] Fishery Management Council (Council), gear restrictions for certain gear types, specify quotas for surfclams and ocean including gillnets, hook-gear and trawl RIN 0648–AQ79 quahogs on an annual basis from a range nets; modifications and additions to the that represents the optimum yield (OY) Fisheries of the Northeastern United closure areas; and restrictions on for each fishery. It is the policy of the States; 2004 Fishing Quotas for yellowtail flounder catch. In addition, Council that the levels selected allow in response to public comment on the Atlantic Surfclams, Ocean Quahogs, sustainable fishing to continue at that proposed rule, the final emergency rule and Maine Mahogany Ocean Quahogs level for at least 10 years for surfclams implemented measures pertaining to AGENCY: National Marine Fisheries and 30 years for ocean quahogs. In haddock, including reducing the Service (NMFS), National Oceanic and addition to this constraint, the Council haddock minimum size limit for private Atmospheric Administration (NOAA), policy also considers the economic recreational and party/charter vessels to Commerce. impacts of the quotas. Regulations 21 inches (52.5 cm), and relaxing the ACTION: Final Rule - 2004 fishing quotas implementing Amendment 10 to the haddock trip limit (also known as bag for Atlantic surfclams, ocean quahogs, FMP, published on May 19, 1998 (63 FR limit) for charter/party and open access and Maine mahogany ocean quahogs. 27481), added Maine mahogany ocean Handgear permit vessels. quahogs (locally known as mahogany Pursuant to section 305(c) of the SUMMARY: NMFS is required pursuant to quahogs) to the management unit and Magnuson-Stevens Act, the June 27, 50 CFR 648.71 to specify annual catch provided that a small artisanal fishery 2003, emergency rule may remain in quotas for the Atlantic surfclam and for ocean quahogs in the waters north of effect for 180 days and may be extended ocean quahog fisheries. In order to meet 43° 50′ N. lat. has an annual quota with

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an initial amount of 100,000 Maine bu the quotas for each fishery are based on temporary transfer of allocation enables (35,240 hectoliters (hL)) within a range the best scientific information available, the borrower to begin fishing at the of 17,000 to 100,000 Maine bu (5,991 hL and have been vetted through the SARC, beginning of the fishing year in order to to 35,240 hL). As specified in NOAA’s Northeast Fisheries Science generate income with which to Amendment 10, the Maine mahogany Center (Center), and peer reviewers, discharge the loan. NMFS has received ocean quahog quota is in addition to the without dispute. None of the stocks are several such requests from the banks quota specified for the ocean quahog overfished, and overfishing is not holding allocations for the 2004 fishing fishery. occurring. The areas most affected by year. More requests are expected in the Detailed background information the surfclam and ocean quahog industry near future. Without a quota in effect, regarding the development of these operations are high-energy, sandy areas NMFS cannot make a transfer of part or quotas was provided in the preamble to that are only temporarily impacted by the entirety of an allocation either the proposed rule published at 68 FR fishing operations under this FMP; as permanently or temporarily. This 60324, October 22, 2003, and is not such, there is no immediate need for inability on the part of NMFS to make repeated here. The comment period for MPAs as a result of this fishery. Finally, such transfers effective would preclude that rule ended on November 21, 2003. the recommended quotas will allow the intended recipients of such transfers One comment was received during the sustainable fishing to continue at these from fishing, thereby engendering a comment period. quota levels for at least 10 years for negative economic impact on the The final quotas for the 2004 Atlantic surfclams and 30 years for ocean surfclam and ocean quahog fisheries. surfclam, ocean quahog, and Maine quahogs. Therefore, there is good cause under 5 mahogany ocean quahog fisheries, Classification U.S.C. 553(d)(3) to waive the 30–day which are unchanged from those in the delayed effectiveness period for the proposed rule, are shown in the table This final rule has been determined to implementation of the 2004 surfclam, below. The status quo level of 2003 for be not significant for purposes of ocean quahog, and Maine mahogany the surf clam fishery will be increased Executive Order 12866. quahog quotas. A delay in the effective date of this by 4.6 percent (from 3.25 to 3.4 million A description of the reasons why this rule would cause a disruption in the bu) and the ocean quahog quota will be action is being taken by the Agency and ordinary commerce of the surfclam and increased by 11.1 percent (from 4.5 to the objectives of this final rule are ocean quahog fisheries. Individual 5.0 million bu). Finally, this rule makes explained in the preambles of the Transferable Quota (ITQ) shareholders no changes to the Marine ocean quahog proposed rule and this final rule. This each receive a portion of the overall quota from the 2003 level of 100,000 action does not contain any collection- quota for these two species. An Maine bushels. of-information, reporting, or allocation holder receives an amount of recordkeeping requirements. It does not cage tags equivalent to his/her share of FINAL 2004 SURFCLAM/OCEAN duplicate, overlap, or conflict with any the overall quota. Fishing for surfclams QUAHOG QUOTAS and ocean quahogs begins on January 1, other Federal rules. This action is taken regardless of the publication of the under the authority of the Magnuson- 2004 final 2004 final Stevens Fishery Conservation and Fishery quotas (bu) quotas (hL) annual quota. Historically, allocations have been transferred either Management Act (Magnuson-Stevens Act) and regulations at 50 CFR part 648. 1Surfclam ...... 3,400,000 1,810,000 permanently or temporarily to meet 1Ocean quahog 5,000,000 2,662,000 changing economic circumstances in the There are no compliance costs 2Maine mahog- fishery right from the commencement of associated with this final rule. any ocean these fisheries. For example, vessel Included in this final rule is the Final quahog ...... 100,000 35,240 owners who enter into a supply contract Regulatory Flexibility Analysis (FRFA) prepared pursuant to 5 U.S.C. 604(a). 1 1 bushel = 1.88 cubic ft. = 53.24 liters with a processor may experience vessel 2 1 bushel = 1.2445 cubic ft. = 35.24 liters breakdowns that thwart performance of The FRFA incorporates the IRFA, the their contractual obligations. In this comments and responses to the Comments and Responses situation, it is imperative that the vessel proposed rule, and the economic The deadline for receiving comments owner have the ability to request that analyses completed in support of this on the proposed rule was November 21, NMFS transfer temporarily part of his/ action. A copy of the IRFA is available 2003. One comment was received on the her allocation to another harvester who from the Council (see ADDRESSES). proposed rule during the comment is willing to fulfill the terms of the The preamble to the proposed rule period. supply contract in time for the start of included a detailed summary of the Comment: The commenter expressed the 2004 fishing year. Further, and of analyses contained in the IRFA, and that concern that the determination of OYs more immediate concern is that five discussion is not repeated here. is biased by industry and politics and banks currently hold twenty-nine Final Regulatory Flexibility Analysis that they are set too high; asserted that allocations between the surfclam and NMFS fails to protect the stocks; and ocean quahog fisheries. These Statement of Objective and Need voiced general support for establishing allocations are held by the banks as A description of the reasons why this marine protected areas and reducing security for loans made by the banks to action is being taken, and the objectives any quotas by at least 50 percent. The fishermen in these two fisheries. This of and legal basis for this final rule are commenter also objected to NMFS not entails the permanent transfer of the explained in the preambles to the accepting comments via e-mail on this individual allocation to the bank as proposed rule and this final rule and are action. collateral for the pendency of the loan. not repeated here. Response: This rule implements The banks request NMFS on an annual measures designed to provide for basis to transfer the cage tags associated Summary of Significant Issues Raised in improved utilization of the Federal with the allocation back to the borrower. Public Comments commercial surfclam and ocean quahog This transaction is characterized as a One comment was received during resource, and to improve efficiency of temporary transfer of the allocation the comment period on the proposed this fishery. The OYs used to determine pursuant to the regulations. This rule, although it did not pertain to the

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economic impacts of this rule. No from their 2003 quotas. Since 2002 million bu (3.195 million hL) for ocean changes to the proposed rule were harvest levels of 3.133 and 3.871 million quahogs would represent a 33–percent required to be made as a result of public bu (1.668 and 2.061 million hL) for increase in allowable harvest and a 55– comments. For a summary of the surfclams and ocean quahogs, percent increase in landings from 2002, comment received, refer to the section respectively, were below the 2004 assuming all the quota were harvested. above titled ‘‘Comments and proposed quotas, NMFS and the Council However, the industry does not have a Responses.’’ believe that the final 2004 quotas may market available to absorb such a large yield a surplus quota available to Description and Estimate of Number of increase in landings and may not have vessels participating in all these Small Entities to which Rule Will Apply the vessel capacity necessary to harvest fisheries. This is especially likely to a quota this large. Since all alternatives, A description and estimate of the occur in the ocean quahog fishery. In including the selected quota, would number of small entities to which the the case of a surplus quota, vessels rule will apply is provided in the IRFA would not be constrained from yield increases relative to the actual and IRFA summary contained in the harvesting additional product, thus 2002 landings, increased revenues Classification section of the proposed allowing them to increase their would be likely to occur, albeit at rule and is only summarized here. revenues. various percentage differences. All of the affected businesses (fishing The Council identified four surfclam The quota for Maine mahogany ocean vessels) are considered small entities quota alternatives in addition to the quahogs is specified at a maximum under the standards described by the selected quota of 3.400 million bu 100,000 bu (35,240 hL). The FMP Small Business Administration because (1.810 million hL), including 1.850, specifies that upward adjustments to the they have annual returns (revenues) that 3.135, 3.250, and 3.325 million bu quota would require a scientific survey do not exceed $3.5 million annually. (0.985, 1.669, 1.730 and 1.771 million and stock assessment of the Maine This rule could affect any vessel holding hL). The Council and NMFS determined mahogany ocean quahog resource. an active Federal permit for either that the only alternative that would However, no survey or assessment has species. However, the commercial use of significantly negatively impact revenues been conducted. The Council the permit is limited to vessels fishing to vessels is the 1.850–million bu under an individual fishing quota or (0.985–million hL) alternative for considered two alternative quotas for fishing in the Maine mahogany fishery. surfclams. The 3.135–million bu (1.669– the Maine mahogany ocean quahog In 2002, a total of 54 vessels reported million hL) and status quo alternative fishery, in addition to the preferred harvesting surfclams or ocean quahogs would be restrictive and have a slight to alternative of 100,000 bu (35,240 hL), from Federal waters under an Individual moderate impact on revenues. The including 50,000 bu and 84,700 bu Transferable Quota (ITQ) system. There 3.325–million bu (1.771–million hL) (17,620 and 29,847 hL). Any quota the were 35 vessels in 2002 that fished and 3.400 million bu (1.810 million hL) Council would have recommended under the federal limited access Maine alternatives would yield increases below the 1999 landing level of 93,938 mahogany quahog permit for Maine relative to the actual 2002 landings, so Maine bu (33,104 hL) would most likely ocean quahogs. increased revenues would be likely to have resulted in a decrease in revenues occur. The industry believes it can to individual vessels. Description of Projected Reporting, utilize the additional product from the Recordkeeping, and Other Compliance 4.6–percent increase in landings and Small Entity Compliance Guide Requirements thus have a beneficial impact for the Section 212 of the Small Business This rule would not impose any new Nation. Regulatory Enforcement Fairness Act of reporting, recordkeeping, or other The Council analyzed four ocean 1996 states that, for each rule or group compliance requirements. Therefore, the quahog quota alternatives in addition to costs of compliance would remain the selected quota of 5.000–million bu of related rules for which an agency is unchanged. (2.662–million hL), including 4.000, required to prepare a FRFA, the agency 4.250, 4.500, and 6.000 million bu shall publish one or more guides to Description of the Steps Taken to (2.129, 2.263, 2.396, and 3.195 million assist small entities in complying with Minimize Economic Impact on Small hL). Adoption of a 4.000–million bu the rule, and shall designate such Entities (2.129–million hL) or a 4.250–million publications as ‘‘small entity Economic impacts on small entities bu (2.263–million hL) quota would compliance guides.’’ The agency shall have been minimized within the represent a 12–percent or a 10–percent explain the action a small entity is constraints of the FMP. Specification of decrease, respectively, from the 2003 required to take to comply with a rule commercial quotas is constrained by the quota level and would result in the or group of rules. As part of this conservation objectives of the FMP, and fewest economic benefits available to rulemaking process, a small entity implemented at 50 CFR part 648 under the ocean quahog fishery. Given the compliance guide (the guide) was the authority of the Magnuson-Stevens current biological status of the quahog prepared. Copies of the guide will be Fishery Conservation and Management resource, the Council does not believe sent to all holders of commercial Act (Magnuson-Stevens Act). It is not that a quota reduction is warranted at Federal Atlantic surfclam and ocean possible to further mitigate economic this time. Adoption of the 4.500–million quahog fishery permits. The guide will impacts on small entities because the bu (2.396–million hL) quota would most also be available on the Internet at http:/ Council selected the alternative with the likely have a limited impact on small /www.nero.noaa.gov. Copies of the most positive economic impacts relative entities, since it results in no change guide can also be obtained from the to the other alternatives determined to from status quo. The 5.000–million bu Regional Administrator (see achieve the biological objectives. (2.662–million hL) quota allows for an This rule establishes a 4.6–percent 11.1–percent increase in quota from ADDRESSES). increase in the surfclam quota, an 11.1– 4.500 million bu (2.396 million hL), and Authority: 16 U.S.C. 1801 et. seq. percent increase in the ocean quahog a 29–percent increase to the 2002 ocean quota, and no change in the 2004 quota quahog landings. Adopting the for Maine mahogany ocean quahogs maximum allowable quota of 6.000

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Dated: December 16, 2003. implementing the IFQ Program are set For 2003, the Regional Administrator Rebecca Lent, forth at 50 CFR part 679. has determined that a fee of 1.4 percent Deputy Assistant Administrator for In 1996, the Magnuson-Stevens Act is necessary to recover the actual Regulatory Programs, National Marine was amended (by Pub. L. 104–297) to management and enforcement costs. Fisheries Service. require the Secretary of Commerce to, Therefore, the Regional Administrator is [FR Doc. 03–31487 Filed 12–19–03; 8:45 am] among other things, ‘‘collect a fee to adjusting the cost recovery fee BILLING CODE 3510–22–S recover the actual costs directly related applicable to year 2003 IFQ landings to the management and enforcement of from 3.0 percent to 1.4 percent. any . . . individual fishing quota DEPARTMENT OF COMMERCE program’’ (section 304(d)(2)(A)). Section Standard Prices 304(d)(2) of the Magnuson-Stevens Act The fee liability is based on the sum National Oceanic and Atmospheric specifies an upper limit on these fees, Administration when the fees must be collected, and of all payments of monetary worth made where the fees must be deposited. to fishermen for the sale of the fish 50 CFR Part 679 Section 303(d)(4) of the Magnuson- during the year. This includes any retro- Stevens Act allows NMFS to reserve up payments (e.g., bonuses, delayed partial [Docket No. 991207325–0063–02; I.D. payments, post-season payments) made 100699A] to 25 percent of the fees collected for use in an IFQ loan program to aid in to the IFQ permit holder for previously Fisheries of the Exclusive Economic financing the purchase of IFQ or quota landed IFQ halibut or sablefish. Zone off Alaska; North Pacific Halibut share (QS) by entry-level and small- For purposes of calculating IFQ cost and Sablefish IFQ Cost Recovery vessel fishermen. recovery fees, NMFS distinguishes Program On March 20, 2000, NMFS published between two types of ex-vessel value: regulations implementing the IFQ Cost ‘‘actual ex-vessel value’’ and ‘‘standard AGENCY: National Marine Fisheries Recovery Program (65 FR 14919), which ex-vessel value.’’ ‘‘Actual ex-vessel Service (NMFS), National Oceanic and are set forth at 50 CFR 679.45. Under the value’’ is the amount of all Atmospheric Administration (NOAA), regulations, an IFQ permit holder incurs compensation, monetary or non- Commerce. a cost recovery fee liability for every monetary, that an IFQ permit holder ACTION: Notice of standard prices and pound of IFQ halibut and IFQ sablefish received as payment for his or her IFQ fee percentage for North Pacific halibut that is landed on his or her IFQ fish sold. ‘‘Standard ex-vessel value’’ is and sablefish Individual Fishing Quota permit(s). The IFQ permit holder is the default value on which to base fee (IFQ) cost recovery program. responsible for self-collecting the fee liability calculations. However, IFQ liability for all IFQ halibut and IFQ SUMMARY: permit holders have the option of using The National Marine sablefish landings on his or her Fisheries Service publishes IFQ ‘‘IFQ actual ex-vessel value’’ if they can permit(s). The IFQ permit holder is also satisfactorily document those values. standard prices and notification of responsible for submitting a fee liability adjustment of the IFQ fee percentage for payment to NMFS on or before the due Regulations at § 679.45(c)(2)(i) require the IFQ Cost Recovery Program in the date of January 31 following the year in the Regional Administrator to publish halibut and sablefish fisheries of the which the IFQ landings were made. The IFQ standard prices during the last North Pacific. This action is required by dollar amount of the fee due is quarter of each calendar year. These regulations and is intended to provide determined by multiplying the annual standard prices are used, along with holders of halibut and sablefish IFQ IFQ fee percentage (3 percent or less) by estimates of IFQ halibut and IFQ permits information to calculate the the ex-vessel value of each IFQ landing sablefish landings, to calculate standard payments required for IFQ cost recovery made on a permit and summing the values. The standard prices are fees due by January 31, 2004. totals of each permit (if more than one). described in U.S. dollars per IFQ DATES: Effective December 22, 2003. equivalent pound for IFQ halibut and FOR FURTHER INFORMATION CONTACT: Fee Percentage IFQ sablefish landings made during the Jennifer Hayes, Fee Coordinator, 907– Three percent of the ex-vessel value of year. IFQ equivalent pound(s) means the 586–7344. IFQ halibut and IFQ sablefish harvested weight amount, recorded in pounds, for SUPPLEMENTARY INFORMATION: is the maximum fee amount allowed by an IFQ landing and calculated as round section 304(d)(2)(B) of the Magnuson- weight for sablefish and headed and Background Stevens Act. Regulations at § 679.45(d) gutted (‘‘net’’) weight for halibut. NMFS NMFS, Alaska Region, administers allow the Administrator, Alaska Region, calculates the standard prices to reflect, the halibut and sablefish IFQ programs NMFS (Regional Administrator) to as closely as possible, by month and in the North Pacific. The IFQ Programs reduce the fee percentage if actual port or port-group, the variations in the are limited access systems authorized by management and enforcement costs actual ex-vessel values of IFQ halibut section 303(b) of the Magnuson-Stevens could be recovered through a lesser and IFQ sablefish landings. The Fishery Conservation and Management percentage. In this event, the Regional standard prices for IFQ halibut and IFQ Act (Magnuson-Stevens Act) and the Administrator will publish a sablefish are listed in the following Northern Pacific Halibut Act of 1982. notification of any adjustment of the table. Data from ports are combined as Fishing under the IFQ Programs began IFQ fee percentage in the Federal necessary to protect confidentiality of in March 1995. Regulations Register pursuant to § 679.45(d)(4). data submissions. REGISTERED BUYER STANDARD EX-VESSEL PRICESBY LANDING LOCATION FOR 2003 IFQ SEASON

HALIBUT SABLEFISH LANDING LOCATION PERIOD ENDING STANDARDEX- STANDARD EX- VESSEL PRICE VESSEL PRICE

CORDOVA March 31 ...... April 30 ...... $2.72 $2.34

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REGISTERED BUYER STANDARD EX-VESSEL PRICESBY LANDING LOCATION FOR 2003 IFQ SEASON— Continued

HALIBUT SABLEFISH LANDING LOCATION PERIOD ENDING STANDARDEX- STANDARD EX- VESSEL PRICE VESSEL PRICE

May 31 ...... $2.68 $2.36 June 30 ...... $2.87 July 31 ...... $2.97 August 31 ...... $3.14 September 30 ...... October 31 ...... November 30 ...... DUTCH HARBOR March 31 ...... April 30 ...... $2.70 May 31 ...... $2.58 $2.09 June 30 ...... $2.67 $2.21 July 31 ...... $2.80 $2.16 August 31 ...... $2.89 $2.15 September 30 ...... $2.84 $2.16 October 31 ...... $2.84 $2.16 November 30 ...... $2.84 $2.16 HOMER March 31 ...... $2.95 April 30 ...... $2.84 May 31 ...... $2.88 June 30 ...... $2.94 July 31 ...... $2.48 $2.37 August 31 ...... $3.19 September 30 ...... $3.25 October 31 ...... $3.25 November 30 ...... $3.25 KETCHIKAN March 31 ...... April 30 ...... May 31 ...... June 30 ...... July 31 ...... August 31 ...... September 30 ...... $3.07 October 31 ...... $3.07 November 30 ...... $3.07 KODIAK March 31 ...... $2.76 $2.37 April 30 ...... $2.68 $2.34 May 31 ...... $2.55 $2.27 June 30 ...... $2.67 $2.32 July 31 ...... $2.84 August 31 ...... $3.01 $2.35 September 30 ...... $3.06 $2.33 October 31 ...... $3.06 $2.33 November 30 ...... $3.06 $2.33 PETERSBURG March 31 ...... April 30 ...... $2.82 May 31 ...... $2.74 June 30 ...... $2.89 July 31 ...... $2.94 August 31 ...... $3.06 September 30 ...... $3.09 October 31 ...... $3.09 November 30 ...... $3.09 SEWARD March 31 ...... $2.68 $1.96 April 30 ...... $2.77 $2.38 May 31 ...... $2.65 $2.29 June 30 ...... $2.82 $2.43 July 31 ...... $2.78 August 31 ...... September 30 ...... October 31 ...... November 30 ...... SITKA March 31 ...... April 30 ...... May 31 ...... June 30 ...... July 31 ...... $2.96 August 31 ...... $3.03 September 30 ...... $3.07 October 31 ...... $3.07

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REGISTERED BUYER STANDARD EX-VESSEL PRICESBY LANDING LOCATION FOR 2003 IFQ SEASON— Continued

HALIBUT SABLEFISH LANDING LOCATION PERIOD ENDING STANDARDEX- STANDARD EX- VESSEL PRICE VESSEL PRICE

November 30 ...... $3.07 1BERING SEA March 31 ...... $2.62 $1.99 April 30 ...... $2.61 $1.95 May 31 ...... $2.56 $2.41 June 30 ...... $2.64 $2.39 July 31 ...... $2.81 $2.42 August 31 ...... $2.89 $2.29 September 30 ...... $2.95 $2.25 October 31 ...... $2.95 $2.25 November 30 ...... $2.95 $2.25 2CENTRAL GULF March 31 ...... $2.80 $2.20 April 30 ...... $2.76 $2.33 May 31 ...... $2.67 $2.31 June 30 ...... $2.90 $2.38 July 31 ...... $2.78 $2.14 August 31 ...... $3.08 $2.35 September 30 ...... $3.17 $2.32 October 31 ...... $3.17 $2.32 November 30 ...... $3.17 $2.32 3SOUTHEAST March 31 ...... $2.93 $2.35 April 30 ...... $2.92 $2.34 May 31 ...... $2.80 $2.39 June 30 ...... $2.95 $2.40 July 31 ...... $2.99 $2.41 August 31 ...... $3.08 $2.41 September 30 ...... $3.11 $2.56 October 31 ...... $3.11 $2.56 November 30 ...... $3.11 $2.56 4ALL March 31 ...... $2.83 $2.26 April 30 ...... $2.82 $2.32 May 31 ...... $2.68 $2.33 June 30 ...... $2.84 $2.39 July 31 ...... $2.83 $2.28 August 31 ...... $3.01 $2.36 September 30 ...... $3.10 $2.42 October 31 ...... $3.10 $2.42 November 30 ...... $3.10 $2.42 1 Landing locations Within Port Group—Bering Sea: Adak, Akutan, Akutan Bay, Atka, Bristol Bay, Chefornak, Dillingham, Captains Bay, Dutch Harbor, Egegik, Ikatan Bay, Hooper Bay, King Cove, King Salmon, Kipnuk, Mekoryuk, Naknek, Nome, Quinhagak, Savoonga, St. George, St. Lawrence, St. Paul, Togiak, Toksook Bay, Tununak, Beaver Inlet, Ugadaga Bay, Unalaska. 2 Landing Locations Within Port Group—Central Gulf of Alaska: Anchor Point, Anchorage, Chignik, Cordova, Eagle River, False Pass, West Anchor Cove, Girdwood, Chinitna Bay, Halibut Cove, Homer, Kasilof, Kenai, Kenai River, Alitak, Kodiak, Port Bailey, Nikiski, Ninilchik, Old Har- bor, Palmer, Sand Point, Seldovia, Resurrection Bay, Seward, Valdez, Whittier. 3 Landing Locations Within Port Group—Southeast Alaska: Angoon, Baranof Warm Springs, Craig, Edna Bay, Elfin Cove, Excursion Inlet, Gus- tavus, Haines, Hollis, Hoonah, Hyder, Auke Bay, Douglas, Tee Harbor, Juneau, Kake, Ketchikan, Klawock, Metlakatla, Pelican, Petersburg, Por- tage Bay, Port Alexander, Port Graham, Port Protection, Point Baker, Sitka, Skagway, Tenakee Springs, Thorne Bay, Wrangell, Yakutat. 4 Landing Locations Within Port Group— All: For Alaska: All landing locations included in 1, 2, and 3. For California: Eureka, Fort Bragg, Other California. For Oregon: Astoria, Aurora, Lincoln City, Newport, Warrenton, Other Oregon. For Washington: Anacortes, Bellevue, Bellingham, Nagai Island, Edmonds, Everett, Granite Falls, Ilwaco, La Conner, Port Angeles, Port Orchard, Port Townsend, Ranier, Fox Island, Mercer Is- land, Seattle, Standwood, Other Washington. For Canada: Port Hardy, Port Edward, Prince Rupert, Vancouver, Haines Junction, Other Canada.

Dated: December 16, 2003. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 03–31486 Filed 12–19–03; 8:45 am] BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 68, No. 245

Monday, December 22, 2003

This section of the FEDERAL REGISTER Washington, DC 20250–0249, or by addressed effects of the proposed rule contains notices to the public of the proposed facsimile to 202–720–3499, or by e-mail on the economy. The transcription issuance of rules and regulations. The to [email protected]. Comments received errors occurred on pages 61970 and purpose of these notices is to give interested will be posted to the AMS Web site at: 61971 of the October 30, 2003, Federal persons an opportunity to participate in the http://www.ams.usda.gov/cool/. Register notice, Docket Number LS–03– rule making prior to the adoption of the final rules. Comments sent to the above location 04. The last sentence beginning at the that specifically pertain to the bottom of the first column of page 61970 information collection and was published as follows: DEPARTMENT OF AGRICULTURE recordkeeping requirements should also ‘‘The results of our analysis indicate be sent to the Desk Officer for that U.S. production of all the covered Agricultural Marketing Service Agriculture, Office of Information and commodities combined will decline Regulatory Affairs, Office of from 0.15 percent to 0.92 percent and 7 CFR Part 60 Management and Budget (OMB), New that the overall price level for these Executive Office Building, 725 17th commodities (a weighted average index [Doc. No. LS–04–04] Street, NW., Room 725, Washington, DC of the prices received by suppliers for RIN 0581–AC26 20503. their commodities) will increase by 0.06 FOR FURTHER INFORMATION CONTACT: percent to 0.64 percent.’’ Mandatory Country of Origin Labeling Robert Keeney, Deputy Administrator, The originally published sentence of Beef, Lamb, Pork, Fish, Perishable Fruit and Vegetable Programs, AMS, should be replaced with the following Agricultural Commodities, and USDA, by telephone on 202–720–4722, sentence, which replaces three Peanuts or via e-mail at: incorrectly reported numerical values: ‘‘The results of our analysis indicate AGENCY: Agricultural Marketing Service, [email protected]; or William that U.S. production of all the covered USDA. Sessions, Associate Deputy Administrator, Livestock and Seed commodities combined will decline ACTION: Proposed rule; extension of from 0.12 percent to 0.30 percent and comment period; correction. Program, AMS, USDA, by telephone on (202) 720–5705, or via e-mail at: that the overall price level for these SUMMARY: On October 30, 2003, the [email protected]. commodities (a weighted average index Agricultural Marketing Service (AMS) of the prices received by suppliers for SUPPLEMENTARY INFORMATION: The Farm their commodities) will increase by 0.06 published a proposed rule (68 FR Bill and the Appropriations Act 61944) for the mandatory country of percent to 0.25 percent.’’ amended the Act to require retailers to On page 61971, four numbers were origin labeling program as mandated by notify their customers of the country of the Farm Security and Rural Investment reported incorrectly in Table 9— origin of covered commodities Estimated Impact of Proposed Rule on Act of 2002 (Farm Bill) and the 2002 beginning September 30, 2004. The law Supplemental Appropriations Act U.S. Production, Prices, and Trade of also requires the Department of Impacted Sectors. As initially (Appropriations Act), which amended Agriculture to issue regulations to the Agricultural Marketing Act of 1946 published, percentage changes in the implement a mandatory COOL program volume of exports of hogs, beef and (Act) to require retailers to notify their not later than September 30, 2004. customers of the country of origin of lamb, pork, and fish under the Low On October 30, 2003, AMS published Incremental Cost scenario were covered commodities beginning a proposed rule in the Federal Register September 30, 2004. AMS is extending incorrectly reported. Initially published (68 FR 61944) for the mandatory and corrected values for the affected the comment period to February 27, country of origin labeling program. The 2004, at the request of industry trade cells of Table 9 are as follows: comment period was originally Corrected numerical values for Table associations to provide interested scheduled to end on December 29, 2003. 9.—Estimated impact of proposed rule parties with additional time to file However, industry trade organizations on U.S. production, prices and trade of comments. In addition, AMS is making have requested additional time to study impacted sectors corrections to the ‘‘Analysis of Benefits the proposed regulation to develop more and Costs’’ section of the preliminary meaningful comments. Because the Exports cost-benefit assessment of the proposed proposed rule will significantly impact percent change rule in order to correct minor a large number of entities, AMS has from the base year transcription errors. The estimated determined that there is sufficient recordkeeping and implementation As Replace justification for extending the comment initially with costs as well as the estimated overall period 60 days until February 27, 2004. published impact to the economy as a result of the In accordance with Executive Order proposed rule remain unchanged. 12866, as part of the rulemaking process Low Incremental DATES: Comments must be submitted on Cost: AMS examined the economic impact of Hogs ...... ¥0.05 ¥0.09 or before February 27, 2004, to be the proposed rule for the mandatory Beef and Lamb .. ¥0.05 ¥0.13 assured of consideration. COOL program, which was published in Pork ...... ¥0.09 ¥0.16 ADDRESSES: Send written comments to: the October 30, 2003, Federal Register Fish ...... ¥0.12 ¥0.27 Country of Origin Labeling Program, (68 FR 61944). Due to transcription Room 2092–S, Agricultural Marketing errors, several numerical values were It should be noted that Table 10— Service (AMS), USDA, STOP 0249, 1400 reported incorrectly in the section of the Estimated Changes in U.S. Production, Independence Avenue, SW., economic impact assessment that Prices, and Trade for Affected

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Commodities, which translates the the proposed rule by adding airplanes to for comments, specified above, will be percentage changes shown in Table 9 the applicability. The actions specified considered before taking action on the into unit values, is correct as initially by this new proposed AD are intended proposed rule. The proposals contained published on page 61972. to detect and correct such fatigue in this action may be changed in light The transcription errors relate to cracking, which could result in major of the comments received. incorrectly reported outcomes of the damage to the adjacent structure of the Submit comments using the following analysis and in no way impact the pylon aft upper spar cap, and format: analysis itself. The estimated costs to consequent reduced structural integrity • Organize comments issue-by-issue. the U.S. economy after a decade of of the airplane. This action is intended For example, discuss a request to adjustment remain unchanged from the to address the identified unsafe change the compliance time and a range of $138 million to $596 million in condition. request to change the service bulletin reduced consumers’ purchasing power. DATES: Comments must be received by reference as two separate issues. • For each issue, state what specific Moreover, the estimated recordkeeping January 16, 2004. change to the proposed AD is being and implementation costs remain ADDRESSES: Submit comments in unchanged. requested. triplicate to the Federal Aviation • Include justification (e.g., reasons or Authority: 7 U.S.C. 1621 et seq. Administration (FAA), Transport data) for each request. Dated: December 17, 2003. Airplane Directorate, ANM–114, Comments are specifically invited on A.J. Yates, Attention: Rules Docket No. 99–NM– the overall regulatory, economic, 255–AD, 1601 Lind Avenue, SW., environmental, and energy aspects of Administrator, Agricultural Marketing Renton, Washington 98055–4056. Service. the proposed rule. All comments Comments may be inspected at this submitted will be available, both before [FR Doc. 03–31492 Filed 12–17–03; 4:03 pm] location between 9 a.m. and 3 p.m., BILLING CODE 3410–02–P and after the closing date for comments, Monday through Friday, except Federal in the Rules Docket for examination by holidays. Comments may be submitted interested persons. A report via fax to (425) 227–1232. Comments DEPARTMENT OF TRANSPORTATION summarizing each FAA-public contact may also be sent via the Internet using concerned with the substance of this the following address: 9-anm- Federal Aviation Administration proposal will be filed in the Rules [email protected]. Comments sent Docket. via fax or the Internet must contain 14 CFR Part 39 Commenters wishing the FAA to ‘‘Docket No. 99–NM–255–AD’’ in the acknowledge receipt of their comments [Docket No. 99–NM–255–AD] subject line and need not be submitted submitted in response to this action in triplicate. Comments sent via the RIN 2120–AA64 must submit a self-addressed, stamped Internet as attached electronic files must postcard on which the following Airworthiness Directives; McDonnell be formatted in Microsoft Word 97 or statement is made: ‘‘Comments to Douglas Model DC–9–10, DC–9–20, 2000 or ASCII text. Docket Number 99–NM–255–AD.’’ The The service information referenced in DC–9–30, DC–9–40, and DC–9–50 postcard will be date stamped and the proposed rule may be obtained from Series Airplanes returned to the commenter. Boeing Commercial Aircraft Group, AGENCY: Federal Aviation Long Beach Division, 3855 Lakewood Availability of NPRMs Administration, DOT. Boulevard, Long Beach, California Any person may obtain a copy of this ACTION: Supplemental notice of 90846, Attention: Data and Service NPRM by submitting a request to the proposed rulemaking; reopening of Management, Dept. C1–L5A (D800– FAA, Transport Airplane Directorate, comment period 0024). This information may be ANM–114, Attention: Rules Docket No. examined at the FAA, Transport 99–NM–255–AD, 1601 Lind Avenue, SUMMARY: This document revises an Airplane Directorate, 1601 Lind SW., Renton, Washington 98055–4056. earlier proposed airworthiness directive Avenue, SW., Renton, Washington; or at (AD), applicable to certain McDonnell the FAA, Los Angeles Aircraft Discussion Douglas Model DC–9–10, DC–9–20, DC– Certification Office, 3960 Paramount A proposal to amend part 39 of the 9–30, DC–9–40, and DC–9–50 series Boulevard, Lakewood, California. Federal Aviation Regulations (14 CFR airplanes, and C–9 (military) airplanes, FOR FURTHER INFORMATION CONTACT: part 39) to add an airworthiness that would have superseded an existing Wahib Mina, Aerospace Engineer, directive (AD), applicable to certain AD that currently requires repetitive Airframe Branch, ANM–120L, FAA, Los McDonnell Douglas Model DC–9–10, ultrasonic or magnetic particle Angeles Aircraft Certification Office, DC–9–20, DC–9–30, DC–9–40, and DC– inspections to detect cracking of the 3960 Paramount Boulevard, Lakewood, 9–50 series airplanes, and C–9 (military) engine pylon aft upper spar straps California 90712–4137; telephone (562) airplanes, was published as a notice of (caps); and if necessary, replacement of 627–5324; fax (562) 627–5210. proposed rulemaking (NPRM) in the the strap with a new strap, or SUPPLEMENTARY INFORMATION: Federal Register on May 10, 2000 (65 modification of the engine pylon rear FR 30025). That NPRM proposed to spar straps, which constitutes Comments Invited supersede AD 78–01–16, amendment terminating action for the repetitive Interested persons are invited to 39–3117 (43 FR 1300, January 9, 1978), inspections. The proposed AD also participate in the making of the which is applicable to certain would have required new, improved proposed rule by submitting such McDonnell Douglas Model DC–9–10, repetitive ultrasonic inspections, and written data, views, or arguments as DC–9–20, DC–9–30, DC–9–40, and DC– corrective actions if necessary. The they may desire. Communications shall 9–50 series airplanes, and C–9 (military) proposed AD also would have required, identify the Rules Docket number and airplanes. That NPRM would have among other items, a terminating action be submitted in triplicate to the address continued to require repetitive for the repetitive inspection specified above. All communications ultrasonic or magnetic particle requirements. This new action revises received on or before the closing date inspections to detect cracking of the

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engine pylon aft upper spar straps the strap on the pylon upper rear spar inspections for cracking, and (caps); and if necessary, replacement of cap with a new strap having an annular modification if necessary, per Revision the strap with a new strap, or groove bearing installed using new close 05 of Boeing Service Bulletin DC9–54– modification of the engine pylon rear tolerance attaching parts; and 031, dated April 25, 2003. spar straps, which constitutes modification of the pylon-to-vibration Request To Clarify Modification as a terminating action for the repetitive isolator link. That service bulletin also Terminating Action inspections. That NPRM would have adds airplanes to the effectivity of the added new, improved repetitive service bulletin. That same commenter requests ultrasonic inspections, and corrective Accomplishment of the actions clarification of whether accomplishment actions, if necessary. That NPRM also specified in the service bulletins of the modification using a pin-staked would have required, among other described above is intended to bearing, as described in Revision 4 of items, a terminating action for the adequately address the identified unsafe McDonnell Douglas DC–9 Service repetitive inspection requirements. That condition. Bulletin 54–31, requires re- NPRM was prompted by additional implementation of inspections of pylon Comments Received reports of fatigue cracking in the subject straps until such time as the annular area of these airplanes. Such fatigue Due consideration has been given to groove bearing is installed. cracking, if not corrected, could result the comments received in response to We agree that clarification is needed. in major damage to the adjacent the NPRM: As explained in the previous comment structure of the pylon aft spar upper section, those airplanes having a spar Request To Revise and Update Service strap (cap) with a pin-staked bearing cap, and consequent reduced structural Information integrity of the airplane. would require inspections for cracking, One commenter requests that and modification if necessary, in Actions Since Issuance of Previous Revision 4 of ‘‘McDonnell Douglas accordance with Revision 05 of Boeing Proposal Service Bulletin 54–031’’ be revised to Service Bulletin DC9–54–031, dated Since the issuance of that NPRM, the specify the bearing part number (P/N) in April 25, 2003. We have revised manufacturer has advised the FAA that conjunction with the pylon spar strap P/ paragraph (l) of this supplemental the identified unsafe condition may also N. NPRM to specify that the actions are to occur on additional airplanes with a Since the issuance of the original be accomplished per Revision 05, which certain configuration of the left and NPRM, we have reviewed and approved describes installation of the annular right pylon aft upper caps. Revision 05, dated April 25, 2003, of groove bearing. Boeing Service Bulletin DC9–54–031, Request To Clarify Compliance Times Explanation of New Service which specifies the bearing P/N. We for the Modification Information have referenced Revision 05 of that The FAA has reviewed and approved service bulletin in this supplemental Another commenter, also an airline Boeing Alert Service Bulletin (ASB) NPRM as a source of service operator, notes that paragraph (h) of the DC9–54A031, Revision 09, dated information. NPRM specifies compliance times for September 3, 2002. That ASB describes airplanes that have not had the procedures for new repetitive ultrasonic Request for Clarification of Terminating modification to the spar cap or magnetic particle inspections of the Action accomplished and that have not had the engine pylon aft upper spar straps (caps) One commenter, an airline operator, spar cap replaced. The commenter to detect cracking; and corrective states that multiple paragraphs in the further notes that paragraph (i) of the actions if necessary. The corrective original NPRM specify that modification NPRM specifies compliance times for actions include reapplication of a per Revision 4 of ‘‘McDonnell Douglas aircraft that have not had the sealant; modification of the rear spar Service Bulletin 54–031’’ constitutes modification of the spar cap upper strap (cap); and replacement of terminating action of the repetitive accomplished but have had the spar cap the bearing of the spar strap (cap) with requirements of the AD. The commenter replaced. The commenter points out a new annular groove bearing if notes, however, that AD 78–01–16, that neither of those configurations necessary. Revision 09 contains amendment 39–3117, requires apply to its fleet, since the spar cap has information that is essentially the same replacement of the pylon strap with a been modified on its fleet. The as Revision 08, which was referenced in heavy gauge lug and does not require commenter assumes that if the spar caps the previous NPRM as one of the use of the annular groove bearing. The have been previously modified, the applicable sources of service commenter states that this contradicts NPRM would not be applicable to those information. However, Revision 09 Revision 4 of the service bulletin and airplanes. The commenter states that the specifically references Boeing Service paragraph (m) of the original NPRM, reader of the NPRM should not have to Bulletin DC9–54–031, Revision 05, which specify installation of the annular make an assumption regarding dated April 25, 2003, as an additional groove bearing. The commenter requests applicability, and requests that the FAA source of service information. clarification. clarify that the modified spar caps are We have also reviewed and approved We acknowledge that clarification is not subject to the requirements of the Boeing Service Bulletin DC9–54–031, necessary. We are aware that some NPRM. Revision 05, dated April 25, 2003. The operators of the subject airplanes have We agree that clarification is needed. service bulletin describes procedures for accomplished the actions specified in Paragraph (l) of this supplemental modification of the rear spar upper strap Revision 4 of McDonnell Douglas DC–9 NPRM would require that, for airplanes (cap), which would eliminate the need Service Bulletin 54–31 or have had (specified in Revision 05 of DC–9 for the repetitive inspections specified production equivalent installations of Service Bulletin 54–031 as ‘‘Group 12’’ in Boeing ASB DC9–54A031, Revision the spar strap (cap) with a pin-staked airplanes) on which the spar strap (cap) 09, dated September 3, 2002, discussed bearing. For those airplanes having a with a pin staked bearing per DC–9 above. The modification includes spar strap (cap) with a pin-staked Service Bulletin 54–31 has been installation of access doors on the pylon bearing, paragraph (l) of this installed or that have a production rear spars, if applicable; replacement of supplemental NPRM would require equivalent installed, it is necessary to

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perform an inspection of the pylon Revision 05 of Boeing Service Bulletin original NPRM have been removed from upper rear spar strap (cap) for bearing DC9–54–031, which was described this supplemental NPRM. migration and correct staking and previously in this supplemental NPRM. Change in Labor Rate Estimate follow-on modification, if necessary, per We have determined that the actions Revision 05 of DC–9 Service Bulletin specified in Revision 05 must be The FAA has recently reviewed the 54–031. accomplished in order to terminate the figures it has used over the past several We also have further clarified actions specified in this supplemental years in calculating the economic paragraphs (k) and (l) of this NPRM. We have revised paragraph impact of AD activity. In order to supplemental NPRM to specify that if (f)(2)(ii) of this supplemental NPRM to account for various inflationary costs in any cracking is detected, modification of clearly specify that accomplishment of the airline industry, we find it the rear spar upper strap (cap) is the modification specified in that appropriate to increase the labor rate required per Revision 05. We further paragraph only terminates the used in these calculations from $60 per specify in paragraph (n) of this inspections specified in paragraph work hour to $65 per work hour. The supplemental NPRM that (f)(2)(i) of this supplemental NPRM. For cost impact information, below, has accomplishment of that modification those reasons, no change in this regard been revised to reflect the increase in per Revision 05 constitutes terminating is necessary to paragraph (o) of the the specified hourly labor rate. action for the repetitive inspection supplemental NPRM. Additionally, we Cost Impact requirements of the AD. As explained in have revised paragraph (n) of this the ‘‘Explanation of New Service supplemental NPRM to clarify that all There are approximately 577 Model Information’’ section of this airplanes must accomplish the DC–9–10, DC–9–20, DC–9–30, DC–9–40, supplemental NPRM, Boeing has also modification specified in paragraph (n) and DC–9–50 series airplanes of the issued Alert Service Bulletin DC9– of this supplemental NPRM, regardless affected design in the worldwide fleet. 54A031, Revision 09, dated September of whether or not the modification The FAA estimates that 350 airplanes of 3, 2002, to reference accomplishment of specified in paragraph (f)(2)(ii) of this U.S. registry would be affected by this the actions specified in Revision 05 of supplemental NPRM has been proposed AD. Service Bulletin DC9–54–031. accomplished previously. The ultrasonic inspection that is currently required by AD 78–01–16, and Request To Clarify the Intent of Explanation of Change to Applicability Paragraph (f) and (n) of the NPRM retained in this proposed AD, takes approximately 3 work hours per One commenter questions whether We have revised the applicability of airplane to accomplish, at an average paragraph (f)(2)(ii) of the NPRM is the original NPRM to identify model acceptable as terminating action for the designations as published in the most labor rate of $65 per work hour. Based requirements of the AD. The commenter recent type certificate data sheet for the on these figures, the cost impact of this requests that, if paragraph (f)(2)(ii) of the affected models. This change also is currently required action on U.S. NPRM is acceptable as terminating reflected in the Cost Impact section of operators is estimated to be $195 per action for the requirements of the AD, this supplemental NPRM. In addition, airplane, per inspection cycle. that such provision be added to the Cost Impact section has been The new ultrasonic inspection that is paragraph (o) of the NPRM. (Paragraph updated to reflect the correct number of proposed in this AD action would take (o) of the NPRM states that affected airplanes in the worldwide and approximately 4 work hours per accomplishment of the modification U. S. fleet. airplane to accomplish, at an average labor rate of $65 per work hour. Based required by paragraph (l) or (n) of the Conclusion NPRM constitutes compliance with AD on these figures, the cost impact of the 96–10–11, amendment 39–9618 (61 FR Since these changes expand the scope new ultrasonic inspection proposed by 24675, May 16, 1996) and AD 72–09–01, of the original NPRM, the FAA has this AD on U.S. operators is estimated amendment 39–2844 (42 FR 11235, determined that it is necessary to reopen to be $260 per airplane, per inspection February 28 1977).) For that same the comment period to provide cycle. reason, the commenter also requests that additional opportunity for public The new modification of the rear spar a statement be added to paragraph comment. upper strap (cap) that is proposed in this AD action would take between (f)(2)(ii) of the NPRM indicating that, if Changes to 14 CFR Part 39/Effect on the approximately 349 and 412 work hours the requirements of paragraph (f)(2)(ii) Proposed AD of the NPRM are accomplished, no to accomplish (depending on the further action is required by the AD. On July 10, 2002, the FAA issued a configuration of the affected airplane), The commenter states that clarifying new version of 14 CFR part 39 (67 FR at an average labor rate of $65 per work paragraph (f)(2)(ii) of the NPRM would 47997, July 22, 2002), which governs the hour. The cost of required parts would eliminate any confusion as to whether FAA’s airworthiness directives system. be between approximately $1,865 and further rework is required for previously This regulation now includes material $7,947 per airplane. Based on these modified airplanes. Additionally, the that relates to altered products, special figures, the cost impact of the new commenter states that paragraph (n) of flight permits, and alternative methods modification proposed by this AD on the NPRM does not clearly specify that of compliance (AMOCs). Because we U.S. operators is estimated to be it does not apply to airplanes on which have now included this material in part between $24,550 and $34,727 per the modification specified in paragraph 39, only the office authorized to approve airplane. (f)(2)(ii) of the NPRM has been AMOCs is identified in each individual For certain airplanes, the repetitive accomplished. AD (i.e., paragraph (p)(1) of this visual inspections of the upper rear spar The FAA agrees that clarification of supplemental NPRM). Note 6 of the (cap) for bearing migration and correct the intent of paragraphs (f) and (n) of the original NPRM, which discusses pin staking would take approximately NPRM is necessary. The modification AMOCs approved previously, has been 20 work hours per airplane to specified in paragraph (f)(2)(ii) of the incorporated into paragraph (p)(2) of accomplish, at an average labor rate of NPRM does not specify or include this supplemental NPRM. Accordingly, $65 per work hour. Based on these certain actions that are described in Note 1, Note 5, and paragraph (g) of the figures, the cost impact of that

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inspection is estimated to be $1,300 per 39 of the Federal Aviation Regulations Repetitive Inspections and Corrective Actions airplane, per inspection cycle. (14 CFR part 39) as follows: (f) For airplanes having fuselage numbers The cost impact figures discussed 1 through 851 inclusive: At the times above are based on assumptions that no PART 39—AIRWORTHINESS specified in paragraphs (a) through (e) of this operator has yet accomplished any of DIRECTIVES AD, except as provided by paragraph (l) of this AD, perform an ultrasonic inspection of the proposed requirements of this AD 1. The authority citation for part 39 the engine pylon aft upper spar straps (caps), action, and that no operator would continues to read as follows: part number (P/N) 9958154–5/–6 or P/N accomplish those actions in the future if Authority: 49 U.S.C. 106(g), 40113, 44701. 9958154–37/–38, to detect cracking; in this AD were not adopted. The cost accordance with paragraph 2.B of McDonnell impact figures discussed in AD § 39.13 [Amended] Douglas DC–9 Service Bulletin A54–31, rulemaking actions represent only the 2. Section 39.13 is amended by Revision 1, dated December 22, 1976; or in time necessary to perform the specific removing amendment 39–3117 (43 FR accordance with a method approved by the actions actually required by the AD. Manager, Los Angeles Aircraft Certification 1300, January 9, 1978), and by adding a Office (ACO), FAA. These figures typically do not include new airworthiness directive (AD), to (1) If there is evidence of cracking, the incidental costs, such as the time read as follows: magnetic particle inspection specified in required to gain access and close up, McDonnell Douglas: Docket 99–NM–255– paragraph 2.C of the service bulletin may be planning time, or time necessitated by AD. Supersedes AD 78–01–16, used to confirm the evidence of cracking. other administrative actions. Amendment 39–3117. (2) If any cracking is detected, prior to further flight, accomplish either paragraph Should an operator elect to Applicability: Model DC–9–10, DC–9–20, (f)(2)(i) or (f)(2)(ii) of this AD in accordance accomplish the optional magnetic DC–9–30, DC–9–40, and DC–9–50 series with the service bulletin. airplanes, as listed in Boeing Service Bulletin particle inspection that would be (i) Replace the strap with a new strap, P/ provided by this AD action, it would DC9–54–031, Revision 05, dated April 25, 2003; certificated in any category. N 9958154–5/–6 or P/N 9958154–37/–38, and take approximately 7 work hours to repeat the inspection thereafter at intervals accomplish it, at an average labor rate of Compliance: Required as indicated, unless accomplished previously. not to exceed 15,000 landings. Or, $65 per work hour. Based on these To detect and correct fatigue cracking, (ii) Modify the engine pylon rear spar figures, the cost impact of this action which could result in major damage to the straps (caps) in accordance with McDonnell would be $455 per airplane, per adjacent structure of the pylon aft spar upper Douglas DC–9 Service Bulletin 54–31, dated inspection cycle. cap, and consequent reduced structural August 24, 1976. Accomplishment of the integrity of the airplane; accomplish the modification constitutes terminating action Regulatory Impact following: for the repetitive inspection requirements specified only in paragraph (f)(2)(i) of this The regulations proposed herein Restatement of Certain Requirements of AD AD. would not have a substantial direct 78–01–16, Amendment 39–3117 Note 1: Modification of the engine pylon effect on the States, on the relationship Compliance Times rear spar straps (caps) accomplished prior to between the national Government and the effective date of this AD in accordance the States, or on the distribution of (a) For airplanes that have accumulated with McDonnell Douglas DC–9 Alert Service 35,000 or more total landings as of February Bulletin A54–31, Revision 2, dated December power and responsibilities among the 13, 1978 (the effective date of AD 78–01–16): 22, 1977; Revision 3, dated June 20, 1986; various levels of government. Therefore, Within 600 landings after February 13, 1978, Revision 4, dated March 26, 1987; Revision it is determined that this proposal unless already accomplished within the last 5, dated March 25, 1991; or Revision 6, dated would not have federalism implications 1,800 landings, and thereafter at intervals not November 23, 1992; is considered acceptable to exceed 2,400 landings, accomplish the under Executive Order 13132. for compliance with the requirements of actions specified in paragraph (f) of this AD. For the reasons discussed above, I paragraph (f)(2)(ii) of this AD. certify that this proposed regulation (1) (b) For airplanes that have accumulated between 30,000 and 34,999 total landings Note 2: Ultrasonic or magnetic particle is not a ‘‘significant regulatory action’’ inclusive, as of February 13, 1978: Within inspection of the engine pylon aft upper spar under Executive Order 12866; (2) is not 900 landings after February 13, 1978, unless straps (caps) accomplished prior to the a ‘‘significant rule’’ under the DOT already accomplished within the last 1,500 effective date of this AD in accordance with Regulatory Policies and Procedures (44 landings, and thereafter at intervals not to McDonnell Douglas DC–9 Alert Service FR 11034, February 26, 1979); and (3) if exceed 2,400 landings, accomplish the Bulletin A54–31, Revision 2, dated December promulgated, will not have a significant actions specified in paragraph (f) of this AD. 22, 1977; Revision 3, dated June 20, 1986; economic impact, positive or negative, (c) For airplanes that have accumulated Revision 4, dated March 26, 1987; Revision between 25,000 and 29,999 total landings on a substantial number of small entities 5, dated March 25, 1991; or Revision 6, dated inclusive, as of February 13, 1978: Within November 23, 1992; is considered acceptable under the criteria of the Regulatory 1,200 landings after February 13, 1978, for compliance with the inspection Flexibility Act. A copy of the draft unless already accomplished within the last requirements of paragraph (f) of this AD, as regulatory evaluation prepared for this 1,200 landings, and thereafter at intervals not applicable. action is contained in the Rules Docket. to exceed 2,400 landings, accomplish the A copy of it may be obtained by actions specified in paragraph (f) of this AD. New Requirements of This AD (d) For airplanes that have accumulated contacting the Rules Docket at the Ultrasonic Inspections between 15,000 and 24,999 total landings location provided under the caption inclusive, as of February 13, 1978: Within (g) For airplanes on which the ADDRESSES. 2,000 landings after February 13, 1978, modification/replacement specified in List of Subjects in 14 CFR Part 39 unless already accomplished within the last paragraph (n) of this AD has not been 400 landings, and thereafter at intervals not accomplished, and on which the spar strap Air transportation, Aircraft, Aviation to exceed 2,400 landings, accomplish the replacement specified in paragraph (f)(2)(i) of safety, Safety. actions specified in paragraph (f) of this AD. this AD has not been accomplished: Except (e) For airplanes that have accumulated as provided by paragraph (m) of this AD, The Proposed Amendment less than 15,000 total landings as of February perform an ultrasonic inspection of the 13, 1978: Within 2,000 landings after the engine pylon aft upper spar straps (caps) to Accordingly, pursuant to the accumulation of 15,000 total landings, and detect cracking, in accordance with the authority delegated to me by the thereafter at intervals not to exceed 2,400 Accomplishment Instructions of Boeing Alert Administrator, the Federal Aviation landings, accomplish the actions specified in Service Bulletin DC9–54A031, Revision 09, Administration proposes to amend part paragraph (f) of this AD. September 3, 2002; at the time specified in

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paragraph (g)(1), (g)(2), (g)(3), or (g)(4) of this straps (caps) accomplished prior to the accomplish the modification specified in AD, as applicable. Accomplishment of the effective date of this AD per McDonnell paragraph (n) of this AD. Accomplishment of ultrasonic inspection constitutes terminating Douglas DC–9 Alert Service Bulletin DC9– that modification constitutes terminating action for the repetitive inspection 54A031, Revision 07, dated August 26, 1999; action for the repetitive inspection requirements of paragraphs (a) through (f), or Revision 08, dated January 31, 2000; is requirements of this AD. including paragraph (f)(2)(i) of this AD. considered acceptable for compliance with (1) For airplanes that have accumulated the requirements of paragraph (g) or (h) of Acceptable Method of Compliance less than 25,000 total landings as of the this AD, as applicable. (m) At the times specified in the applicable effective date of this AD: After the paragraph of this AD, it is permissible to accumulation of 15,000 total landings but If No Cracking Is Detected—Repetitive perform a magnetic particle inspection of the before the accumulation of 25,000 total Inspections engine pylon aft upper spar strap (cap) for landings, or within 2,000 landings or 6 (i) If no cracking is detected during the cracks in lieu of accomplishing the ultrasonic months after the effective date of this AD, ultrasonic inspection required by paragraph inspection required by paragraph (g) or (h) of whichever occurs latest. (g) or (h) of this AD, before further flight, this AD; in accordance with Boeing Alert (2) For airplanes that have accumulated reapply sealant that was removed to Service Bulletin DC9–54A031, Revision 09, 25,000 to 29,999 total landings as of the accomplish those inspections, per Boeing dated September 3, 2002. effective date of this AD: Within 1,200 Alert Service Bulletin DC9–54A031, Revision (1) If no cracking is detected, before further landings or 6 months after the effective date 09, dated September 3, 2002. Thereafter, flight, replace the bearing on the spar strap of this AD, whichever occurs later. repeat the inspection specified in paragraph (cap) with a new annular groove bearing, in (3) For airplanes that have accumulated (g) or (h) of this AD, as applicable, at accordance with the service bulletin. 30,000 to 34,999 total landings as of the intervals not to exceed 2,400 landings until Thereafter, repeat the inspection specified in effective date of this AD: Within 900 landings the modification of the rear spar upper strap paragraph (g) or (h) of this AD, as applicable, or 6 months after the effective date of this (cap) specified in paragraph (n) of this AD at intervals not to exceed 2,400 landings until AD, whichever occurs later. has been accomplished. the modification of the rear spar upper strap (cap) specified in paragraph (n) of this AD (4) For airplanes that have accumulated If Cracking Is Suspected 35,000 or more total landings as of the has been accomplished. effective date of this AD: Within 600 landings (j) If any evidence of cracking is suspected (2) If any cracking is detected, before or 6 months after the effective date of this during any inspection required by paragraph further flight, accomplish the modification of AD, whichever occurs later. (g) or (h) of this AD, before further flight, the rear upper spar strap (cap) required by (h) For airplanes on which the confirm the existence of cracking by paragraph (n) of this AD. modification/replacement specified in accomplishing the actions specified in Terminating Modification paragraph (n) of this AD has not been paragraph (m) of this AD. (n) For all airplanes: Prior to the accomplished, and on which the spar strap If Cracking Is Detected replacement specified in paragraph (f)(2)(i) of accumulation of 100,000 total landings, or this AD has been accomplished: Except as (k) If any cracking is detected during any within 6 months after the effective date of provided by paragraph (m) of this AD, inspection required by paragraph (g) or (h) of this AD, whichever occurs later, modify the perform an ultrasonic inspection of the this AD, before further flight, modify the rear rear spar upper strap (cap) in accordance engine pylon aft upper spar straps (caps) to spar upper strap (cap) in accordance with with Boeing Service Bulletin DC9–54–031, detect cracking, in accordance with Boeing paragraph (n) of this AD. Accomplishment of Revision 05, dated April 25, 2003. the modification constitutes terminating Alert Service Bulletin DC9–54A031, Revision Accomplishment of the modification action for the requirements of paragraphs (g) 09, dated September 3, 2003; at the time described in Revision 05 of that service and (h) of this AD. specified in paragraph (h)(1), (h)(2), (h)(3), or bulletin constitutes terminating action for the (h)(4) of this AD, as applicable. Inspection for Migration of Bearings repetitive inspection requirements of this AD. Accomplishment of the ultrasonic inspection (l) For airplanes identified as Group 12 constitutes terminating action for the airplanes in Boeing Service Bulletin DC9–54– Compliance With Certain Other repetitive inspection requirements of 031, Revision 05, April 25, 2003, on which Airworthiness Directives paragraphs (a) through (f) of this AD. the modification specified in paragraph (n) of (1) For airplanes that have accumulated (o) Accomplishment of the modification this AD has not been accomplished: Perform required by paragraph (n) of this AD less than 25,000 total landings since a general visual inspection for migration of installation of the new spar strap (cap): After constitutes compliance with the following: the bearings and the correct pin staking, per (1) The actions specified in McDonnell the accumulation of 15,000 landings since the service bulletin at the time specified in installation of the new spar strap (cap) but Douglas Service Bulletin 54–27, Revision 4, paragraph (g) or (h) of this AD, as applicable. dated April 2, 1990, that are required by AD before the accumulation of 25,000 landings Note 4: For the purposes of this AD, a since installation of the new spar strap (cap), 96–10–11, amendment 39–9618 (which general visual inspection is defined as: ‘‘A references ‘‘DC–9/MD80 Aging Aircraft or within 2,000 landings or 6 months after visual examination of an interior or exterior Service Action Requirements Document’’ the effective date of this AD, whichever area, installation, or assembly to detect (SARD), McDonnell Douglas Report MDC occurs latest. obvious damage, failure, or irregularity. This K1572, Revision B, dated January 15, 1993, (2) For airplanes that have accumulated level of inspection is made from within as the appropriate source of service between 25,000 and 29,999 landings since touching distance unless otherwise specified. information for accomplishment of the installation of the new spar strap (cap): A mirror may be necessary to enhance visual modification); and, Within 1,200 landings or 6 months after the access to all exposed surfaces in the (2) The requirements of AD 72–09–01, effective date of this AD, whichever occurs inspection area. This level of inspection is amendment 39–2844 (which references later. made under normally available lighting McDonnell Douglas Service Bulletin 54–31, (3) For airplanes that have accumulated conditions such as daylight, hangar lighting, dated August 24, 1976; and McDonnell between 30,000 and 34,999 landings since flashlight, or droplight and may require Douglas Service Bulletin 54–27, Revision 4, installation of the new spar strap (cap): removal or opening of access panels or doors. dated April 2, 1990; as appropriate sources Within 900 landings or 6 months after the Stands, ladders, or platforms may be required of service information for accomplishment of effective date of this AD, whichever occurs to gain proximity to the area being checked.’’ the modification). later. (1) If none of the bearings have migrated (4) For airplanes that have accumulated and the pin staking is correct, repeat the Alternative Methods of Compliance 35,000 or more landings since installation of general visual inspection at intervals not to (p)(1) In accordance with 14 CFR 39.19, the the new spar strap (cap): Within 600 landings exceed 2,400 landings until the straps are Manager, Los Angeles (ACO), FAA, is or 6 months after the effective date of this modified per Boeing Service Bulletin DC9– authorized to approve alternative methods of AD, whichever occurs later. 54–031, Revision 05, April 25, 2003. compliance for this AD. Note 3: Ultrasonic or magnetic particle (2) If any bearing has migrated or the pin (2) Alternative methods of compliance, inspection of the engine pylon aft upper spar staking is incorrect, before further flight, approved previously in accordance with AD

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78–01–06, amendment 39–3117, are ADDRESSES: Submit comments in environmental, and energy aspects of approved as alternative methods of triplicate to the Federal Aviation the proposed rule. All comments compliance with the corresponding Administration (FAA), Transport submitted will be available, both before provisions of this AD. Airplane Directorate, ANM–114, and after the closing date for comments, (3) An AMOC that provides an acceptable in the Rules Docket for examination by level of safety may be used for any repair Attention: Rules Docket No. 2002–NM– required by this AD, if it is approved by a 04–AD, 1601 Lind Avenue, SW., interested persons. A report Boeing Company Designated Engineering Renton, Washington 98055–4056. summarizing each FAA-public contact Representative (DER) who has been Comments may be inspected at this concerned with the substance of this authorized by the Manager, Los Angeles location between 9 a.m. and 3 p.m., proposal will be filed in the Rules ACO, to make such findings. Monday through Friday, except Federal Docket. Issued in Renton, Washington, on holidays. Comments may be submitted Commenters wishing the FAA to December 12, 2003. via fax to (425) 227–1232. Comments acknowledge receipt of their comments Kevin M. Mullin, may also be sent via the Internet using submitted in response to this action Acting Manager, Transport Airplane the following address: 9-anm- must submit a self-addressed, stamped Directorate, Aircraft Certification Service. [email protected]. Comments sent postcard on which the following [FR Doc. 03–31440 Filed 12–19–03; 8:45 am] via fax or the Internet must contain statement is made: ‘‘Comments to Docket Number 2002–NM–04–AD.’’ The BILLING CODE 4910–13–P ‘‘Docket No. 2002–NM–04–AD’’ in the subject line and need not be submitted postcard will be date stamped and in triplicate. Comments sent via the returned to the commenter. DEPARTMENT OF TRANSPORTATION Internet as attached electronic files must Availability of NPRMs be formatted in Microsoft Word 97 or Federal Aviation Administration 2000 or ASCII text. Any person may obtain a copy of this The service information referenced in NPRM by submitting a request to the 14 CFR Part 39 the proposed rule may be obtained from FAA, Transport Airplane Directorate, Airbus Industrie, 1 Rond Point Maurice ANM–114, Attention: Rules Docket No. [Docket No. 2002–NM–04–AD] Bellonte, 31707 Blagnac Cedex, France. 2002–NM–04–AD, 1601 Lind Avenue, This information may be examined at SW., Renton, Washington 98055–4056. RIN 2120–AA64 the FAA, Transport Airplane Discussion Directorate, 1601 Lind Avenue, SW., Airworthiness Directives; Airbus Model The Direction Ge´ne´rale de l’Aviation Renton, Washington. A300 B2 and A300 B4 Series Airplanes; Civile (DGAC), which is the A300 B4–600, B4–600R, and F4–600R FOR FURTHER INFORMATION CONTACT: Tom airworthiness authority for France, (Collectively Called A300–600) Series Groves, Aerospace Engineer, notified the FAA that an unsafe Airplanes; A300 C4–605R Variant F International Branch, ANM–116, FAA, condition may exist on all Airbus Model Airplanes; and A310 Series Airplanes Transport Airplane Directorate, 1601 A300 B2 and A300 B4 series airplanes; Lind Avenue, SW., Renton, Washington A300 B4–600, B4–600R, and F4–600R AGENCY: Federal Aviation 98055–4056; telephone (425) 227–1503; (collectively called A300–600) series Administration, DOT. fax (425) 227–1149. airplanes; A300 C4–605R Variant F ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION: airplanes; and A310 series airplanes. (NPRM). Comments Invited The DGAC advises that a review of in- service experience, data, and failure SUMMARY: This document proposes the Interested persons are invited to consequences of the landing gear adoption of a new airworthiness participate in the making of the selector valve on these airplanes has directive (AD) that is applicable to all proposed rule by submitting such indicated that a landing gear selector Airbus Model A300 B2 and A300 B4 written data, views, or arguments as valve that is operated beyond its series airplanes; A300 B4–600, B4– they may desire. Communications shall certified operational life of 32,000 total 600R, and F4–600R (collectively called identify the Rules Docket number and flight cycles could fail. Failed selector A300–600) series airplanes; A300 C4– be submitted in triplicate to the address valves, if not corrected, could result in 605R Variant F airplanes; and A310 specified above. All communications residual pressure on the retraction series airplanes. This proposal would received on or before the closing date chamber side of the electro-hydraulic require, for certain airplanes, identifying for comments, specified above, will be selector, and consequent uncommanded the part number of the landing gear considered before taking action on the retraction of the landing gear when the selector valves. For all airplanes, this proposed rule. The proposals contained airplane is on the ground. proposal would require repetitive in this action may be changed in light maintenance tasks or operational tests of of the comments received. Explanation of Relevant Service the landing gear selector valves, and Submit comments using the following Information replacing discrepant valves with certain format: Airbus has issued Service Bulletins new valves. This action is necessary to • Organize comments issue-by-issue. A300–32–0438, Revision 01, dated prevent failure of the landing gear For example, discuss a request to November 20, 2001 (for Model A300 B2 selector valves, which could result in change the compliance time and a and A300 B4 series airplanes); A300– residual pressure on the retraction request to change the service bulletin 32–6082, Revision 01, dated November chamber side of the electro-hydraulic reference as two separate issues. 20, 2001 (for Model A300–600 series selector, and consequent uncommanded • For each issue, state what specific airplanes and Model A300 C4–605R retraction of the landing gear when the change to the proposed AD is being Variant F airplanes); and A310–32– airplane is on the ground. This action is requested. 2118, Revision 01, dated November 20, intended to address the identified • Include justification (e.g., reasons or 2001 (for Model A310 series airplanes). unsafe condition. data) for each request. Service Bulletin A300–32–0438 DATES: Comments must be received by Comments are specifically invited on describes procedures for determining January 21, 2004. the overall regulatory, economic, the part number of the landing gear

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selector valve; replacing discrepant continued airworthiness of these Explanation of Requirements of valves with new valves having a airplanes in France. Proposed Rule specified part number; and performing FAA’s Conclusions Since an unsafe condition has been repetitive operational test maintenance identified that is likely to exist or tasks (for airplanes not modified per These airplane models are develop on other airplanes of the same Airbus Modification 3083), or manufactured in France and are type type design registered in the United performing repetitive operational tests certificated for operation in the United States, the proposed AD would require of the selector valves and replacing States under the provisions of section accomplishment of the actions specified failed valves with new valves (for 21.29 of the Federal Aviation in and in accordance with the modified airplanes). Regulations (14 CFR 21.29) and the applicable service bulletins described Service Bulletins A300–32–6082 and applicable bilateral airworthiness previously, except as discussed below. A310–32–2118 describe procedures for agreement. Pursuant to this bilateral repetitive operational tests of the Difference Between Proposed AD and selector valve, and for replacing failed airworthiness agreement, the DGAC has the Service Bulletins valves with new valves. kept the FAA informed of the situation described above. The FAA has Although the service bulletins Accomplishment of the actions describe procedures for reporting examined the findings of the DGAC, specified in the service bulletins is inspection results, this proposed AD reviewed all available information, and intended to adequately address the would not require those actions. identified unsafe condition. The DGAC determined that AD action is necessary classified these service bulletins as for products of this type design that are Cost Impact mandatory and issued French certificated for operation in the United The following table provides the airworthiness directive 2001–603(B), States. estimated costs to do the actions dated December 12, 2001, to ensure the specified in this proposed AD.

Average Work hourly labor Cost per airplane Number of Fleet cost Model Action hours rate (dollars) U.S. air- (dollars) (dollars) planes

A300 B2 ...... Part number identification 1 65 65 ...... 32 2,080 A300 B4 MPD task ...... 1 65 65, per task cycle ...... 32 2,080, per task cycle Operational test ...... 1 65 65, per test cycle ...... 32 2,080, per test cycle A300–600 ...... Operational test ...... 1 65 65, per test cycle ...... 89 5,785, per test cycle A300 C4–605R Variant F A310 ...... Operational test ...... 1 65 65, per test cycle ...... 47 3,055, per test cycle

The cost impact figures discussed a ‘‘significant rule’’ under the DOT § 39.13 [Amended] above are based on assumptions that no Regulatory Policies and Procedures (44 2. Section 39.13 is amended by operator has yet accomplished any of FR 11034, February 26, 1979); and (3) if adding the following new airworthiness the proposed requirements of this AD promulgated, will not have a significant directive: action, and that no operator would economic impact, positive or negative, Airbus: Docket 2002–NM–04–AD. accomplish those actions in the future if on a substantial number of small entities Applicability: All Model A300 B2 and this AD were not adopted. The cost under the criteria of the Regulatory A300 B4 series airplanes; A300 B4–600, B4– impact figures discussed in AD Flexibility Act. A copy of the draft 600R, and F4–600R (collectively called rulemaking actions represent only the regulatory evaluation prepared for this A300–600) series airplanes; A300 C4–605R time necessary to perform the specific action is contained in the Rules Docket. Variant F airplanes; and A310 series actions actually required by the AD. A copy of it may be obtained by airplanes; certificated in any category. These figures typically do not include contacting the Rules Docket at the Compliance: Required as indicated, unless incidental costs, such as the time location provided under the caption accomplished previously. To prevent failure of the landing gear ADDRESSES. required to gain access and close up, selector valves, which could result in planning time, or time necessitated by List of Subjects in 14 CFR Part 39 residual pressure on the retraction chamber other administrative actions. side of the electro-hydraulic selector, and Air transportation, Aircraft, Aviation Regulatory Impact consequent uncommanded retraction of the safety, Safety. landing gear when the airplane is on the The regulations proposed herein The Proposed Amendment ground, accomplish the following: would not have a substantial direct Part Number Identification effect on the States, on the relationship Accordingly, pursuant to the authority delegated to me by the (a) For Model A300 B2 and A300 B4 series between the national Government and airplanes: Before the accumulation of 32,000 the States, or on the distribution of Administrator, the Federal Aviation Administration proposes to amend part total flight cycles on the landing gear selector power and responsibilities among the valves, or within 600 flight hours after the 39 of the Federal Aviation Regulations various levels of government. Therefore, effective date of this AD, whichever occurs it is determined that this proposal (14 CFR part 39) as follows: later, do the actions required by paragraphs (a)(1) and (a)(2) of this AD. would not have federalism implications PART 39—AIRWORTHINESS under Executive Order 13132. (1) Inspect to determine whether any DIRECTIVES selector valve having part number (P/N) For the reasons discussed above, I 1. The authority citation for part 39 A25199–0–2 is installed. certify that this proposed regulation (1) (2) Replace any selector valve having P/N Is not a ‘‘significant regulatory action’’ continues to read as follows: A25199–0–2 with a new selector valve under Executive Order 12866; (2) is not Authority: 49 U.S.C. 106(g), 40113, 44701. having P/N A25199–0–3, in accordance with

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Airbus Service Bulletin A300–32–0438, DEPARTMENT OF TRANSPORTATION 98124–2207. This information may be Revision 01, dated November 20, 2001. examined at the FAA, Transport Operational Test Federal Aviation Administration Airplane Directorate, 1601 Lind (b) For airplanes installed with selector Avenue, SW., Renton, Washington. valves having P/N A25199–0–3 only: Before 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: the accumulation of 32,000 total flight cycles [Docket No. 2003–NM–89–AD] Kenneth W. Frey, Aerospace Engineer, on the landing gear selector valves, or within Systems and Equipment Branch, ANM– 600 flight hours after the effective date of this RIN 2120–AA64 130S, FAA, Seattle Aircraft Certification AD, whichever occurs later, perform an Office, 1601 Lind Avenue, SW., Renton, Airworthiness Directives; Boeing operational test of the selector valves. Do the Washington; telephone (425) 917–6468; Model 757 Series Airplanes test in accordance with the Accomplishment fax (425) 917–6590. Instructions of Airbus Service Bulletins A300–32–0438 (for Model A300 B2 and A300 AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: Administration, DOT. B4 series airplanes), A300–32–6082 (for Comments Invited Model A300–600 series airplanes and Model ACTION: Notice of proposed rulemaking A300 C4–605R Variant F airplanes), and (NPRM). Interested persons are invited to A310–32–2118 (for Model A310 series participate in the making of the airplanes); all Revision 01, dated November SUMMARY: This document proposes the proposed rule by submitting such 20, 2001; as applicable. Before further flight, adoption of a new airworthiness written data, views, or arguments as replace any valve that fails the operational directive (AD) that is applicable to all they may desire. Communications shall test with a new valve having P/N A25199– Boeing Model 757 series airplanes. For identify the Rules Docket number and 0–3, in accordance with the applicable service bulletin. certain affected airplanes, this proposal be submitted in triplicate to the address would require repetitive testing of the specified above. All communications Follow-on and Corrective Actions secondary brakes of the horizontal received on or before the closing date (c) For Model A300 B2 and A300 B4 series stabilizer trim actuator (HSTA). For all for comments, specified above, will be airplanes that have not been modified in affected airplanes, this proposal would considered before taking action on the accordance with Airbus Modification 3083 require repetitive overhauls of the proposed rule. The proposals contained (Airbus Service Bulletin A300–32–0269): primary brake, ballscrew assembly, and in this action may be changed in light Within 3,000 flight hours after the of the comments received. accumulation of 32,000 total flight cycles on differential assembly of the HSTA, the valve, or within 3,000 flight hours after which would constitute terminating Submit comments using the following action for the repetitive testing of the format: performing the operational test required by • paragraph (b) of this AD, whichever occurs secondary brake. This action is Organize comments issue-by-issue. later, do task 323112–0503–2 of the Airbus necessary to prevent grease For example, discuss a request to A300 Maintenance Planning Document contamination on the primary HSTA change the compliance time and a (MPD). Repeat the MPD task thereafter at brake and consequent loss of the request to change the service bulletin intervals not to exceed 3,000 flight hours. primary brake function, which, in reference as two separate issues. (d) For Model A300 B2 and A300 B4 series • combination with the loss of the For each issue, state what specific airplanes that have been modified in change to the proposed AD is being accordance with Airbus Modification 3083 secondary HSTA brake function, could result in loss of control of the airplane. requested. (Airbus Service Bulletin A300–32–0269), and • Include justification (e.g., reasons or for Model A300–600 and A310 series This action is intended to address the airplanes and Model A300 C4–605R Variant identified unsafe condition. data) for each request. F airplanes: Repeat the operational test Comments are specifically invited on DATES: Comments must be received by the overall regulatory, economic, specified in paragraph (b) of this AD at the February 5, 2004. later of the times specified by paragraphs environmental, and energy aspects of (d)(1) and (d)(2) of this AD. Thereafter, repeat ADDRESSES: Submit comments in the proposed rule. All comments the test at intervals not to exceed 18 months triplicate to the Federal Aviation submitted will be available, both before or 2,800 flight cycles, whichever occurs first. Administration (FAA), Transport and after the closing date for comments, (1) Within 18 months or 2,800 flight cycles, Airplane Directorate, ANM–114, in the Rules Docket for examination by whichever occurs first, after the Attention: Rules Docket No. 2003–NM– interested persons. A report accumulation of 32,000 total flight cycles on 89–AD, 1601 Lind Avenue, SW., the valve. summarizing each FAA-public contact (2) Within 18 months or 2,800 flight cycles, Renton, Washington 98055–4056. concerned with the substance of this whichever occurs first, after performing the Comments may be inspected at this proposal will be filed in the Rules initial operational test required by paragraph location between 9 a.m. and 3 p.m., Docket. (b) of this AD. Monday through Friday, except Federal Commenters wishing the FAA to holidays. Comments may be submitted Alternative Methods of Compliance acknowledge receipt of their comments via fax to (425) 227–1232. Comments submitted in response to this action (e) In accordance with 14 CFR 39.19, the may also be sent via the Internet using must submit a self-addressed, stamped Manager, International Branch, ANM–116, the following address: 9-anm- FAA, is authorized to approve alternative postcard on which the following methods of compliance for this AD. [email protected]. Comments sent statement is made: ‘‘Comments to via fax or the Internet must contain Note 1: The subject of this AD is addressed Docket Number 2003–NM–89–AD.’’ The in French airworthiness directive 2001– ‘‘Docket No. 2003–NM–89–AD’’ in the postcard will be date stamped and 603(B), dated December 12, 2001. subject line and need not be submitted returned to the commenter. in triplicate. Comments sent via the Issued in Renton, Washington, on Internet as attached electronic files must Availability of NPRMs December 12, 2003. be formatted in Microsoft Word 97 or Any person may obtain a copy of this Kevin M. Mullin, 2000 or ASCII text. NPRM by submitting a request to the Acting Manager, Transport Airplane The service information referenced in FAA, Transport Airplane Directorate, Directorate, Aircraft Certification Service. the proposed rule may be obtained from ANM–114, Attention: Rules Docket No. [FR Doc. 03–31442 Filed 12–19–03; 8:45 am] Boeing Commercial Airplane Group, 2003–NM–89–AD, 1601 Lind Avenue, BILLING CODE 4910–13–P P.O. Box 3707, Seattle, Washington SW., Renton, Washington 98055–4056.

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Discussion intended to adequately address the This decision is based on our The FAA has received a report identified unsafe condition. determination that different operators may interpret ‘‘since delivery’’ indicating that the primary brake of a Explanation of Requirements of differently. We find that our proposed horizontal stabilizer trim actuator Proposed Rule (HSTA) removed from a Boeing Model terminology is generally understood Since an unsafe condition has been 757–200 series airplane did not perform within the industry and records will identified that is likely to exist or at the expected level during a pre- always exist that establish these dates develop on other products of this same overhaul test at a repair facility. The with certainty. type design, the proposed AD would HSTA brake system is made up of one require accomplishment of the actions Cost Impact primary brake and two secondary specified in the service bulletins There are approximately 1,085 brakes; these brakes are used to hold the described previously, except as airplanes of the affected design in the stabilizer against air loads. The discussed below. worldwide fleet. The FAA estimates that secondary brakes provide a backup 754 airplanes of U.S. registry would be function to the primary brake. Difference Between the Proposed Rule affected by this proposed AD; 722 of the Investigation revealed that the and Service Bulletin 757–27A0142 affected airplanes of U.S. registry are diminished brake performance was The manufacturer has noted that caused by grease from the thrust Model 757–200, –200PF, and –200CB Boeing Alert Service Bulletin, 757– series airplanes, and 32 are Model 757– bearings, which was found on the 27A0142, Revision 2, dated October 23, primary brake surface. Since the first 300 series airplanes. 2003 contains an inadvertent For the affected Model 757–200 and report of grease contamination, the FAA misstatement of compliance times in Model 757–300 series airplanes, the has also received reports of grease paragraph D. of Table 1.E., FAA estimates that it would take contamination on the HSTA primary ‘‘Compliance.’’ The statement ‘‘Test the approximately 96 work hours per brake(s) during overhaul on several HSTA secondary brake when the HSTA airplane to accomplish the proposed Model 757–200 series airplanes. In reaches 24,000 hours (4C) (this is overhaul, and that the average labor rate addition, the FAA has received reports currently a scheduled maintenance is $65 per work hour. Based on these that all ballscrew assemblies on HSTAs task),’’ should state: ‘‘For HSTAs that that have been recently overhauled figures, the cost impact of the proposed have accumulated 15,000 to 23,999 showed corrosion or wear; and that AD on U.S. operators is estimated to be hours, test the HSTA secondary brake corrosion or cracking was found during $4,704,960, or $6,240 per airplane, per when the HSTA reaches 24,000 hours HSTA overhaul in some differential overhaul cycle. (4C) (this is currently a scheduled For the affected Model 757–200 series assemblies. Grease contamination on the primary maintenance task), or within 500 hours airplanes, the FAA estimates that it HSTA brake, if not corrected, could after the effective date of this AD, would take approximately 1 work hour result in the loss of the primary brake whichever occurs later.’’ Paragraph D. of per airplane to accomplish the proposed function, which, in combination with the table should also include, as the test of the HSTA secondary brake, and the loss of the secondary HSTA brake second bulleted item, the following that the average labor rate is $65 per function, could result in loss of control statement: ‘‘For HSTAs that have work hour. Based on these figures, the of the airplane. accumulated 24,000 to 29,999 hours, cost impact of the proposed AD on U.S. test the HSTA secondary brake within operators is estimated to be $46,930, or Explanation of Relevant Service 500 hours.’’ $65 per airplane, per secondary brake Information test. Clarification Between Proposed Rule The cost impact figures discussed The FAA has reviewed and approved and Service Bulletins Boeing Alert Service Bulletin, 757– above are based on assumptions that no 27A0142, Revision 2, dated October 23, Both service bulletins state that no operator has yet accomplished any of 2003 (for Model 757–200, –200CG, and more work is necessary on airplanes the proposed requirements of this AD –200PF series airplanes), which changed per previous releases of the action, and that no operator would describes procedures for repetitive service bulletins. We find this statement accomplish those actions in the future if testing of the secondary HSTA brakes, to be incorrect because it contradicts the this proposed AD were not adopted. The and repetitive overhauls of the primary procedures specified in those service cost impact figures discussed in AD brake, ballscrew assembly, and bulletins. Both service bulletins added rulemaking actions represent only the differential assembly of the HSTA. The new procedures for overhaul of the time necessary to perform the specific service bulletin recommends ballscrew assembly and differential actions actually required by the AD. compliance times for the overhaul that assembly of the HSTA that were not These figures typically do not include range between two years and five years specified in the previous releases. incidental costs, such as the time depending upon the total hours Therefore, more work is necessary on required to gain access and close up, accumulated on the HSTA since airplanes changed per previous releases planning time, or time necessitated by delivery or since the most recent of the service bulletins. other administrative actions. Further, Boeing Service Bulletin 757– overhaul of the primary brake, ballscrew Regulatory Impact assembly, and differential assembly. 27A0142 states that the total hours The FAA has also reviewed and accumulated on the HSTA should be The regulations proposed herein approved Boeing Alert Service Bulletin calculated ‘‘since delivery (of the would not have a substantial direct 757–27A0143, Revision 1, dated airplane).’’ However, paragraph (d) of effect on the States, on the relationship October 23, 2003 (for Model 757–300 this proposed AD would require between the national Government and series airplanes), which describes compliance ‘‘prior to the accumulation the States, or on the distribution of procedures for repetitive overhauls of of the applicable number of flight hours power and responsibilities among the the primary brake, ballscrew assembly, since the date of issuance of the original various levels of government. Therefore, and differential assembly of the HSTA. Airworthiness Certificate or the date of it is determined that this proposal Accomplishment of the actions issuance of the Export Certificate of would not have federalism implications specified in the service bulletins are Airworthiness, whichever occurs first.’’ under Executive Order 13132.

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For the reasons discussed above, I (1) Test the secondary brakes of the HSTA Boeing Alert Service Bulletin 757–27A0142, certify that this proposed regulation (1) per Part 2 of the Accomplishment dated February 13, 2003, or, Revision 1, is not a ‘‘significant regulatory action’’ Instructions of the service bulletin. If any dated April 10, 2003; and overhauls of the under Executive Order 12866; (2) is not secondary brake fails, before further flight, primary brake accomplished before the replace with a serviceable brake or overhaul effective date of this AD per Boeing Alert a ‘‘significant rule’’ under the DOT per Part 2 of the Accomplishment Service Bulletin 757–27A0143, dated Regulatory Policies and Procedures (44 Instructions of the service bulletin. February 13, 2003; are considered acceptable FR 11034, February 26, 1979); and (3) if (2) Overhaul the primary brake, ballscrew for compliance with the overhaul of the promulgated, will not have a significant assembly, and differential assembly of the primary brake only and tests of the secondary economic impact, positive or negative, horizontal stabilizer trim actuator (HSTA) per brakes specified in this AD. Part 1 of the Accomplishment Instructions of on a substantial number of small entities Alternative Methods of Compliance under the criteria of the Regulatory the service bulletin. Accomplishment of the Flexibility Act. A copy of the draft overhaul constitutes terminating action for (h) In accordance with 14 CFR 39.19, the Manager, Seattle Aircraft Certification Office regulatory evaluation prepared for this the repetitive tests of the secondary brake required by paragraph (a)(1) of this AD. (ACO), FAA, is authorized to approve action is contained in the Rules Docket. (b) Repeat the overhaul of the primary alternative methods of compliance (AMOCs) A copy of it may be obtained by brake, ballscrew assembly, and differential for this AD. contacting the Rules Docket at the assembly of the HSTA at intervals not to Issued in Renton, Washington, on location provided under the caption exceed 30,000 flight hour intervals, per the December 12, 2003. ADDRESSES. Accomplishment Instructions of Boeing Alert Service Bulletin 757–27A0142, Revision 2, Kevin M. Mullin, List of Subjects in 14 CFR Part 39 dated October 23, 2003. Acting Manager, Transport Airplane Air transportation, Aircraft, Aviation (c) Where the service bulletin specified in Directorate, Aircraft Certification Service. safety, Safety. paragraph (a) of this AD specifies a date from [FR Doc. 03–31443 Filed 12–19–03; 8:45 am] which the initial compliance time interval BILLING CODE 4910–13–P The Proposed Amendment starts as being the date of the initial release of the service bulletin, this AD requires Accordingly, pursuant to the compliance within the applicable initial DEPARTMENT OF TRANSPORTATION authority delegated to me by the compliance time after the effective date of Administrator, the Federal Aviation this AD. Federal Aviation Administration Administration proposes to amend part (d) Where the service bulletin specified in paragraph (a) of this AD states ‘‘total hours 39 of the Federal Aviation Regulations 14 CFR Part 39 (14 CFR part 39) as follows: since delivery,’’ this AD requires compliance prior to the accumulation of the applicable [Docket No. 2002–NM–350–AD] PART 39—AIRWORTHINESS number of flight hours since the date of DIRECTIVES issuance of the original Airworthiness RIN 2120–AA64 Certificate or the date of issuance of the 1. The authority citation for part 39 Export Certificate of Airworthiness, Airworthiness Directives; Boeing continues to read as follows: whichever occurs first. Model 777 Series Airplanes (e) Where paragraph D. of the table in Authority: 49 U.S.C. 106(g), 40113, 44701. paragraph 1.E., ‘‘Compliance,’’ of the service AGENCY: Federal Aviation bulletin specified in paragraph (a) of this AD Administration, DOT. § 39.13 [Amended] states: ‘‘Test the HSTA secondary brake when ACTION: Notice of proposed rulemaking 2. Section 39.13 is amended by the HSTA reaches 24,000 hours (4C) (this is (NPRM). adding the following new airworthiness currently a scheduled maintenance task)’’; this AD requires testing secondary brakes directive: SUMMARY: This document proposes the that have accumulated between 15,000 and Boeing: Docket 2003–NM–89–AD. 23,999 flight hours when the HSTA reaches adoption of a new airworthiness Applicability: All Model 757–200, –200PF, 24,000 flight hours or within 500 flight hours directive (AD) that is applicable to –200CB, and –300 series airplanes, after the effective date of this AD, whichever certain Boeing Model 777 series certificated in any category. occurs later. For HSTAs that have airplanes. This proposal would require Compliance: Required as indicated, unless accumulated between 24,000 and 29,999 an inspection to determine the part accomplished previously. flight hours, this AD requires testing the number of the filter/regulator on the fire To prevent grease contamination on the secondary brake within 500 flight hours after extinguishing system installed in the primary HSTA brake and consequent loss of the effective date of this AD. All testing lower cargo compartment of the the primary brake function, which, in should be done in accordance with the airplane, and replacement of the filter/ combination with the loss of the secondary service bulletin. HSTA brake function, could result in loss of regulator with a new filter/regulator, if control of the airplane, accomplish the For Model 757–300 Series Airplanes: necessary. This action is necessary to following: Repetitive Overhauls prevent leakage of fire extinguishing (f) For Model 757–300 series airplanes: agent through the filter/regulator of the For Model 757–200, –200CB, and –200PF Prior to the accumulation of 30,000 total cargo fire extinguishing system, which Series Airplanes: Repetitive Overhauls and flight hours, overhaul the primary brake, Tests could result in the inability of the fire ballscrew assembly, and differential extinguishing system to suppress a fire (a) For Model 757–200, –200CB, and assembly of the HSTA per the in the cargo compartment of the –200PF series airplanes: Except as provided Accomplishment Instructions of Boeing Alert by paragraph (c), (d), and (e) of this AD, at Service Bulletin 757–27A0143, Revision 1, airplane. This action is intended to the applicable time specified in paragraph dated October 23, 2003. Repeat the overhaul address the identified unsafe condition. 1.E., ‘‘Compliance,’’ of Boeing Alert Service thereafter at intervals not to exceed 30,000 DATES: Comments must be received by Bulletin 757–27A0142, Revision 2, dated flight hours. February 5, 2004. October 23, 2003; including the compliance ADDRESSES: time ‘‘since the most recent overhaul of the Overhauls Accomplished Per Previous Submit comments in primary brake, the ballscrew assembly, and Issues of Service Bulletins triplicate to the Federal Aviation the differential assembly’’; do the actions (g) Overhauls of the primary brake and Administration (FAA), Transport specified in paragraphs (a)(1) and (a)(2) of tests of the secondary brakes accomplished Airplane Directorate, ANM–114, this AD. before the effective date of this AD per Attention: Rules Docket No. 2002–NM–

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350–AD, 1601 Lind Avenue, SW., in the Rules Docket for examination by is intended to adequately address the Renton, Washington 98055–4056. interested persons. A report identified unsafe condition. Comments may be inspected at this summarizing each FAA-public contact Boeing Service Bulletin 777–26–0028 location between 9 a.m. and 3 p.m., concerned with the substance of this also refers to the following Water Kidde Monday through Friday, except Federal proposal will be filed in the Rules Service Bulletins as additional sources holidays. Comments may be submitted Docket. of service information for via fax to (425) 227–1232. Comments Commenters wishing the FAA to accomplishment of the proposed may also be sent via the Internet using acknowledge receipt of their comments replacement: 473494–26–405, Revision the following address: 9-anm- submitted in response to this action 1, dated November 1, 2000; 473494–26– [email protected]. Comments sent must submit a self-addressed, stamped 422, dated April 13, 2000; 473857–26– via fax or the Internet must contain postcard on which the following 406, Revision 1, dated November 1, ‘‘Docket No. 2002–NM–350–AD’’ in the statement is made: ‘‘Comments to 2000; 473857–1–26–423, dated April 13, subject line and need not be submitted Docket Number 2002–NM–350–AD.’’ 2000; 473995–1–26–424, dated April 13, in triplicate. Comments sent via the The postcard will be date stamped and 2000; and 473995–26–408, Revision 2, Internet as attached electronic files must returned to the commenter. dated November 1, 2000. be formatted in Microsoft Word 97 or Availability of NPRMs Explanation of Requirements of 2000 or ASCII text. Proposed Rule The service information referenced in Any person may obtain a copy of this Since an unsafe condition has been the proposed rule may be obtained from NPRM by submitting a request to the identified that is likely to exist or Boeing Commercial Airplane Group, FAA, Transport Airplane Directorate, develop on other products of this same P.O. Box 3707, Seattle, Washington ANM–114, Attention: Rules Docket No. type design, the proposed AD would 98124–2207. This information may be 2002–NM–350–AD, 1601 Lind Avenue, require accomplishment of the actions examined at the FAA, Transport SW., Renton, Washington 98055–4056. Airplane Directorate, 1601 Lind specified in the service bulletin Avenue, SW., Renton, Washington. Discussion described previously, except as discussed below. FOR FURTHER INFORMATION CONTACT: The FAA has received a report Marcia G. Smith, Aerospace Engineer, indicating that, during a certification Differences Between Proposed Rule and Cabin Safety and Environmental flight test on a Boeing Model 777–300 Service Bulletin Systems Branch, ANM–150S, FAA, series airplane, the Halon 1301 fire Although the service bulletin does not Seattle Aircraft Certification Office, extinguishing agent flowed through the require an inspection to determine the 1601 Lind Avenue, SW., Renton, metered portion of the cargo fire part number of the filter/regulator on Washington; telephone (425) 917–6484; extinguishing system in less than the the fire extinguishing system installed fax (425) 917–6590. predicted time. When the cargo fire in the cargo compartment, the proposed SUPPLEMENTARY INFORMATION: extinguishing system was checked for AD would require such an inspection so leakage, it was determined that the that operators can determine if it is Comments Invited filter/regulator was the source of the necessary to replace the filter/regulator. Interested persons are invited to leakage. Further investigation found that Operators should note that, although participate in the making of the the original design called for an the service bulletin does not proposed rule by submitting such inadequate heat treatment of the filter/ recommend a compliance time for the written data, views, or arguments as regulator housing which, during proposed inspection and replacement, if they may desire. Communications shall production, resulted in an out-of- necessary, the FAA has determined that identify the Rules Docket number and tolerance O-ring seat. This out-of- an interval of within 60 months after the be submitted in triplicate to the address tolerance condition could cause the effective date of this AD addresses the specified above. All communications filter/regulator to leak and to fall out of unsafe condition in a timely manner. In received on or before the closing date calibration during operation. developing an appropriate compliance for comments, specified above, will be Leakage of fire extinguishing agent time for this proposed AD, the FAA considered before taking action on the through the filter/regulator of the cargo considered the degree of urgency proposed rule. The proposals contained fire extinguishing system, if not associated with addressing the subject in this action may be changed in light corrected, could result in the inability of unsafe condition, the average utilization of the comments received. the fire extinguishing system to of the affected fleet, and the time Submit comments using the following suppress a fire in the cargo necessary to perform the inspection and format: compartment of the airplane. replacement, if necessary (two hours). In • Organize comments issue-by-issue. The cargo fire extinguishing system light of all of these factors, the FAA For example, discuss a request to on certain Model 777–200 series finds a 60-month compliance time for change the compliance time and a airplanes are identical to those on the completing the required actions to be request to change the service bulletin affected 777–300 series airplanes. warranted, in that it represents an reference as two separate issues. Therefore, both of these models may be appropriate interval of time allowable • For each issue, state what specific subject to the same unsafe condition. for affected airplanes to continue to change to the proposed AD is being Explanation of Relevant Service operate without compromising safety. requested. Operators should also note that the Information • Include justification (e.g., reasons or service bulletin assumes that the actions data) for each request. The FAA has reviewed and approved described in Boeing Service Bulletin Comments are specifically invited on Boeing Service Bulletin 777–26–0028, 777–26–0020, dated May 13, 1999; and the overall regulatory, economic, dated November 2, 2000, which in Boeing Service Bulletin 777–26– environmental, and energy aspects of contains procedures for replacing the 0024, dated May 13, 1999; have been the proposed rule. All comments filter/regulator with a new filter/ accomplished previously, or will be submitted will be available, both before regulator. Accomplishment of the accomplished concurrently with the and after the closing date for comments, actions specified in the service bulletin replacement required by the proposed

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AD. However, this AD does not mandate on a substantial number of small entities or without a suffix A) is found, no further that those actions be accomplished under the criteria of the Regulatory action is required by this paragraph. before or concurrent with the Flexibility Act. A copy of the draft (2) If any filter/regulator having P/N requirements of this proposed AD. regulatory evaluation prepared for this 473494–1 (with or without a suffix A), P/N These two service bulletins give 473857–1 (with or without a suffix A), or P/ action is contained in the Rules Docket. N 473995–1 (with or without a suffix A) is instructions for an optional upgrade of A copy of it may be obtained by found, within 60 months after the effective the lower cargo compartment’s fire contacting the Rules Docket at the date of this AD, replace the filter/regulator suppression system capability to 240 location provided under the caption with a new filter/regulator, per the minutes. The airplane operators ADDRESSES. Accomplishment Instructions of Boeing requested instructions for this optional Service Bulletin 777–26–0028, dated upgrade, and the manufacturer provided List of Subjects in 14 CFR Part 39 November 2, 2000. the instructions to them through the Air transportation, Aircraft, Aviation Parts Installation service bulletins. All affected airplanes, safety, Safety. whether they incorporate the optional (b) As of the effective date of this AD, no The Proposed Amendment person may install on any airplane a filter/ upgrade or not, are still required to regulator with any of the following Walter comply with the requirements of this Accordingly, pursuant to the Kidde Aerospace P/Ns: P/N 473494–1 (with proposed AD. authority delegated to me by the or without a suffix A), P/N 473857–1 (with Administrator, the Federal Aviation Cost Impact or without a suffix A), or P/N 473995–1 (with Administration proposes to amend part or without a suffix A). There are approximately 289 39 of the Federal Aviation Regulations Alternative Methods of Compliance airplanes of the affected design in the (14 CFR part 39) as follows: worldwide fleet. The FAA estimates that (c) In accordance with 14 CFR 39.19, the 83 airplanes of U.S. registry would be PART 39—AIRWORTHINESS Manager, Seattle Aircraft Certification Office affected by this proposed AD, that it DIRECTIVES (ACO), FAA, is authorized to approve alternative methods of compliance for this would take approximately 1 work hour 1. The authority citation for part 39 AD. per airplane to accomplish the proposed continues to read as follows: inspection, and that the average labor Issued in Renton, Washington, on rate is $65 per work hour. Based on Authority: 49 U.S.C. 106(g), 40113, 44701. December 12, 2003. Kevin M. Mullin, these figures, the cost impact of the § 39.13 [Amended] proposed AD on U.S. operators is Acting Manager, Transport Airplane estimated to be $5,395, or $65 per 2. Section 39.13 is amended by Directorate, Aircraft Certification Service. airplane. adding the following new airworthiness [FR Doc. 03–31444 Filed 12–19–03; 8:45 am] The cost impact figure discussed directive: BILLING CODE 4910–13–P above is based on assumptions that no Boeing: Docket 2002–NM–350–AD. operator has yet accomplished any of Applicability: Model 777–200 and 777–300 the proposed requirements of this AD series airplanes, line numbers 002 through DEPARTMENT OF TRANSPORTATION action, and that no operator would 290 inclusive; certificated in any category. accomplish those actions in the future if Compliance: Required as indicated, unless Federal Aviation Administration this proposed AD were not adopted. The accomplished previously. cost impact figures discussed in AD To prevent leakage of fire extinguishing 14 CFR Part 39 agent through the filter/regulator of the cargo rulemaking actions represent only the fire extinguishing system, which could result [Docket No. 2000–NM–404–AD] time necessary to perform the specific in the inability of the fire extinguishing actions actually required by the AD. system to suppress a fire in the cargo RIN 2120–AA64 These figures typically do not include compartment of the airplane, accomplish the incidental costs, such as the time following: Airworthiness Directives; Boeing required to gain access and close up, Note 1: The Accomplishment Instructions Model 757–200 and –200CB Series planning time, or time necessitated by of Boeing Service Bulletin 777–26–0028, Airplanes other administrative actions. dated November 2, 2000, also refer to the following Water Kidde Service Bulletins as AGENCY: Federal Aviation Regulatory Impact additional sources of service information for Administration, DOT. The regulations proposed herein accomplishment of the replacement: 473494– ACTION: Notice of proposed rulemaking would not have a substantial direct 26–405, Revision 1, dated November 1, 2000; (NPRM). effect on the States, on the relationship 473494–26–422, dated April 13, 2000; 473857–26–406, Revision 1, dated November SUMMARY: This document proposes the between the national Government and 1, 2000; 473857–1–26–423, dated April 13, the States, or on the distribution of 2000; 473995–1–26–424, dated April 13, supersedure of an existing airworthiness power and responsibilities among the 2000; and 473995–26–408, Revision 2, dated directive (AD), applicable to certain various levels of government. Therefore, November 1, 2000. Boeing Model 757–200 series airplanes, it is determined that this proposal that currently requires modifications to would not have federalism implications Inspection and Replacement, If Necessary the attachment installation of the under Executive Order 13132. (a) Within 60 months after the effective forward lavatory. This action would add For the reasons discussed above, I date of this AD: Inspect the lower cargo fire airplanes to the applicability of the certify that this proposed regulation (1) extinguishing filter/regulator to determine existing AD. The actions specified by Is not a ‘‘significant regulatory action’’ the part number (P/N). Instead of inspecting the proposed AD are intended to under Executive Order 12866; (2) is not the part, a review of airplane maintenance prevent failure of the attachment records is acceptable if the P/N of the part a ‘‘significant rule’’ under the DOT can be positively determined from that installation of the forward lavatory Regulatory Policies and Procedures (44 review. during an emergency landing, which FR 11034, February 26, 1979); and (3) if (1) If no filter regulator P/N 473494–1 (with could result in injury to the crew and promulgated, will not have a significant or without a suffix A), P/N 473857–1 (with passengers. This action is intended to economic impact, positive or negative, or without a suffix A), or P/N 473995–1 (with address the identified unsafe condition.

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DATES: Comments must be received by • Include justification (e.g., reasons or Explanation of Relevant Service February 5, 2004. data) for each request. Information ADDRESSES: Submit comments in Comments are specifically invited on The FAA has reviewed and approved triplicate to the Federal Aviation the overall regulatory, economic, Boeing Special Attention Service Administration (FAA), Transport environmental, and energy aspects of Bulletin 757–25–0181, Revision 1, dated Airplane Directorate, ANM–114, the proposed rule. All comments November 21, 2000, which describes Attention: Rules Docket No. 2000–NM– submitted will be available, both before procedures for installation of a doubler 404–AD, 1601 Lind Avenue, SW., and after the closing date for comments, to the upper attachment installation of Renton, Washington 98055–4056. in the Rules Docket for examination by the forward lavatory on passenger Comments may be inspected at this interested persons. A report airplanes. Accomplishment of the location between 9 a.m. and 3 p.m., summarizing each FAA-public contact actions specified in the service bulletin Monday through Friday, except Federal concerned with the substance of this is intended to adequately address the holidays. Comments may be submitted proposal will be filed in the Rules identified unsafe condition. via fax to (425) 227–1232. Comments Docket. may also be sent via the Internet using Commenters wishing the FAA to Explanation of Requirements of the following address: 9-anm- acknowledge receipt of their comments Proposed Rule [email protected]. Comments sent submitted in response to this action Since an unsafe condition has been via fax or the Internet must contain must submit a self-addressed, stamped identified that is likely to exist or ‘‘Docket No. 2000–NM–404–AD’’ in the postcard on which the following develop on other products of this same subject line and need not be submitted statement is made: ‘‘Comments to type design, the proposed AD would in triplicate. Comments sent via the Docket Number 2000–NM–404–AD.’’ supersede AD 99–09–13 to continue to Internet as attached electronic files must The postcard will be date stamped and require modifications to the attachment be formatted in Microsoft Word 97 for returned to the commenter. installation of the forward lavatory. The Windows or ASCII text. Availability of NPRMs proposed AD also would expand the The service information referenced in applicability of the existing AD to the proposed rule may be obtained from Any person may obtain a copy of this include additional airplanes. The Boeing Commercial Airplane Group, NPRM by submitting a request to the actions would be required to be P.O. Box 3707, Seattle, Washington FAA, Transport Airplane Directorate, accomplished in accordance with the 98124–2207. This information may be ANM–114, Attention: Rules Docket No. service bulletin described previously. examined at the FAA, Transport 2000–NM–404–AD, 1601 Lind Avenue, Airplane Directorate, 1601 Lind SW., Renton, Washington 98055–4056. Cost Impact Avenue, SW., Renton, Washington. There are approximately 694 Discussion FOR FURTHER INFORMATION CONTACT: airplanes of the affected design in the David Crotty, Aerospace Engineer, On April 19, 1999, the FAA issued worldwide fleet. The FAA estimates that Cabin Safety and Environmental AD 99–09–13, amendment 39–11146 (64 355 airplanes of U.S. registry would be Systems Branch, ANM–150S, FAA, FR 20146, April 26, 1999), applicable to affected by this proposed AD. Transport Airplane Directorate, Seattle certain Boeing Model 757–200 series It would take approximately 4 work Aircraft Certification Office, 1601 Lind airplanes, to require modifications to hours per airplane to accomplish the Avenue, SW., Renton, Washington the attachment installation of the proposed modification, at an average 98055–4056; telephone (425) 917–6422; forward lavatory. That action was labor rate of $65 per work hour. fax (425) 917–6590. prompted by a stress analysis report Required parts would cost SUPPLEMENTARY INFORMATION: indicating that the forward lavatory approximately $100 per airplane. Based could break free from the upper and/or on these figures, the cost impact of the Comments Invited lower attachments during an emergency proposed modification on U.S. operators Interested persons are invited to landing. The requirements of that AD is estimated to be $127,800, or $360 per participate in the making of the are intended to prevent failure of the airplane. proposed rule by submitting such attachment installation of the forward The cost impact figures discussed written data, views, or arguments as lavatory during an emergency landing, above are based on assumptions that no they may desire. Communications shall which could result in injury to the crew operator has yet accomplished any of identify the Rules Docket number and and passengers. the current or proposed requirements of this AD action, and that no operator be submitted in triplicate to the address Actions Since Issuance of Previous Rule specified above. All communications would accomplish those actions in the received on or before the closing date Since the issuance of that AD, the future if this AD were not adopted. The for comments, specified above, will be manufacturer has issued Boeing Special cost impact figures discussed in AD considered before taking action on the Attention Service Bulletin 757–25– rulemaking actions represent only the proposed rule. The proposals contained 0181, Revision 1, dated November 21, time necessary to perform the specific in this action may be changed in light 2000. The modifications described in actions actually required by the AD. of the comments received. this revision are the same as that These figures typically do not include Submit comments using the following described in the original service incidental costs, such as the time format: bulletin, which was referenced in AD required to gain access and close up, • Organize comments issue-by-issue. 99–09–13 as the appropriate source of planning time, or time necessitated by For example, discuss a request to service information for accomplishing other administrative actions. The change the compliance time and a the required actions in that AD. manufacturer may cover the cost of request to change the service bulletin However, Revision 1 of the service replacement parts associated with this reference as two separate issues. bulletin adds additional passenger proposed AD, subject to warranty • For each issue, state what specific airplanes to the effectivity listing that conditions. Manufacturer warranty change to the proposed AD is being are subject to the identified unsafe remedies may also be available for labor requested. condition. costs associated with this proposed AD.

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As a result, the costs attributable to the Compliance: Required as indicated, unless Issued in Renton, Washington, on proposed AD may be less than stated accomplished previously. December 12, 2003. above. To prevent failure of the attachment Kevin M. Mullin, installation of the forward lavatory during an Acting Manager, Transport Airplane emergency landing, which could result in Regulatory Impact Directorate, Aircraft Certification Service. injury to the crew and passengers, The regulations proposed herein accomplish the following: [FR Doc. 03–31445 Filed 12–19–03; 8:45 am] would not have a substantial direct BILLING CODE 4910–13–P effect on the States, on the relationship Restatement of Requirements of AD 99–09– between the national Government and 13 the States, or on the distribution of (a) For passenger airplanes identified in DEPARTMENT OF TRANSPORTATION power and responsibilities among the Boeing Service Bulletin 757–25–0181, dated June 26, 1997: Within 24 months or 3,000 Federal Aviation Administration various levels of government. Therefore, flight cycles after June 1, 1999 (the effective it is determined that this proposal date of AD 99–09–13, amendment 39–11146), 14 CFR Part 71 would not have federalism implications whichever occurs first, install a doubler to under Executive Order 13132. the upper attachment installation of the [Docket No. FAA–2003–16282; Airspace For the reasons discussed above, I forward lavatory, in accordance with Boeing Docket No. 03–AEA–06] certify that this proposed regulation (1) Service Bulletin 757–25–0181, dated June 26, Is not a ‘‘significant regulatory action’’ 1997. Proposed Amendment to Class E (b) For freighter airplanes identified in Airspace; Philadelphia, PA under Executive Order 12866; (2) is not Boeing Alert Service Bulletin 757–25A0187, a ‘‘significant rule’’ under the DOT dated September 18, 1997: Within 24 months AGENCY: Federal Aviation Regulatory Policies and Procedures (44 or 3,000 flight cycles after June 1, 1999, Administration (FAA), DOT. FR 11034, February 26, 1979); and (3) if whichever occurs first, install floor panel ACTION: Notice of proposed rulemaking. promulgated, will not have a significant inserts, a retention fitting assembly, and a economic impact, positive or negative, doubler assembly to the lower attachment SUMMARY: This notice proposes to on a substantial number of small entities installation of the forward lavatory, in amend the Class E airspace area at under the criteria of the Regulatory accordance with Boeing Alert Service Philadelphia, PA. The development of Bulletin 757–25A0187, dated September 18, Flexibility Act. A copy of the draft 1997. Standard Instrument Approach regulatory evaluation prepared for this Procedures (SIAP) based on area action is contained in the Rules Docket. New Requirements of This AD navigation (RNAV) to serve flights into A copy of it may be obtained by (c) For passenger airplanes identified in Spitfire Aerodrome (7N7) under contacting the Rules Docket at the Boeing Special Attention Service Bulletin Instrument Flight Rules (IFR) has made location provided under the caption 757–25–0181, Revision 1, dated November this proposal necessary. Controlled 21, 2000, other than those identified in ADDRESSES. airspace extending upward from 700 paragraph (a) of this AD: Within 24 months feet Above Ground Level (AGL) is List of Subjects in 14 CFR Part 39 after the effective date of this AD, install a doubler to the upper attachment installation needed to contain aircraft executing the Air transportation, Aircraft, Aviation of the forward lavatory, in accordance with approach. The area would be depicted safety, Safety. the Work Instructions of Boeing Special on aeronautical charts for pilot Attention Service Bulletin 757–25–0181, reference. The Proposed Amendment Revision 1, dated November 21, 2000. DATES: Comments must be received on Accordingly, pursuant to the Parts Installation or before January 21, 2004. authority delegated to me by the Administrator, the Federal Aviation (d) As of the effective date of this AD, no ADDRESSES: Send comments on the person shall install a floor panel, part Administration proposes to amend part proposal to the Docket Management number 141N5410–12 or 141N5410–28, on System, U.S. Department of 39 of the Federal Aviation Regulations any airplane. (14 CFR part 39) as follows: Transportation, Room Plaza 401, 400 Note 1: Floor panels having part numbers Seventh Street, SW., Washington, DC 141N5410–12 and 141N5410–28 are only 20590–0001. You must identify the PART 39—AIRWORTHINESS installed on freighter airplanes and are not DIRECTIVES used on passenger airplanes. docket number FAA–2003–16282/ Airspace Docket No. 03–AEA–06 at the 1. The authority citation for part 39 Installations Accomplished Per Previous beginning of your comments. You may continues to read as follows: Issues of Service Bulletin also submit comments on the Internet at Authority: 49 U.S.C. 106(g), 40113, 44701. (e) Installations accomplished before the http://dms.dot.gov. effective date of this AD per the original issue You may review the public docket § 39.13 [Amended] of Boeing Special Attention Service Bulletin containing the proposal, any comments 757–25–0181, dated June 26, 1997, are received, and any final disposition in 2. Section 39.13 is amended by considered acceptable for compliance with removing amendment 39–11146 (64 FR person in the Dockets Office between 9 the actions specified in paragraph (c) of this a.m. and 5 p.m., Monday through 20146, April 26, 1999) and by adding a AD. new airworthiness directive (AD), to Friday, except Federal holidays. The Alternative Methods of Compliance read as follows: Docket Office (telephone 1–800–647– (f)(1) In accordance with 14 CFR 39.19, the 5527) is on the plaza level of the Boeing: Docket 2000–NM–404–AD. Manager, Seattle Aircraft Certification Office, Department of Transportation NASSIF Supersedes AD 99–09–13, Amendment FAA, is authorized to approve alternative 39–11146. Building at the above address. methods of compliance (AMOCs) for this AD. An informal docket may also be Applicability: Model 757–200 and –200CB (2) Alternative methods of compliance, examined during normal business hours series airplanes; as listed in Boeing Special approved previously per AD 99–09–13, at the office of the Regional Air Traffic Attention Service Bulletin 757–25–0181, amendment 39–11146, that provide for the Revision 1, dated November 21, 2000; and as installation of an oversize doubler to the Division, Federal Aviation listed in Boeing Alert Service Bulletin 757– upper attachment installation of the forward Administration, Eastern Region, 1 25A0187, dated September 18, 1997; lavatory, are approved as alternative methods Aviation Plaza, Jamaica, NY 11434– certificated in any category. of compliance with this AD. 4809.

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FOR FURTHER INFORMATION CONTACT: Mr. SIAPs to serve flights operating IFR into AEA PA E5 Philadelphia, PA (Revised) Francis T. Jordan, Jr., Airspace Spitfire Aerodrome make this action Philadelphia International Airport Specialist, Airspace Branch, AEA–520, necessary. Controlled airspace (lat.39°52′19″N., long.75°14′28″W.) Eastern Region, 1 Aviation Plaza, extending upward from 700 feet AGL is Chester County G.O. Carlson Airport, PA Jamaica, NY 11434–4809, telephone: needed to accommodate the SIAPs. (lat.39°58′44″N., long.75°51′56″W.) (718) 553–4521. Class E airspace designations for New Castle County Airport, DE (lat.39°40′43″N., long.75°36′24″W.) SUPPLEMENTARY INFORMATION: airspace areas extending upward from Summit Airpark, DE 700 feet or more above the surface are Comments Invited (lat.39°31′13″N., long.75°43′14″W.) published in Paragraph 6005 of FAA Millville Municipal Airport, NJ Interested parties are invited to Order 7400.9L, dated September 2, (lat.39°22′05″N., long.75°04′25″W.) participate in this proposed rulemaking 2003, and effective September 16, 2003, That airspace extending upward from 700 by submitting such written data, views, which is incorporated by reference in 14 feet above the surface within a 31-mile radius or arguments as they may desire. CFR 71.1. The Class E airspace of Philadelphia International Airport Comments that provide the factual basis designation listed in this document extending clockwise from a 225° bearing to supporting the views and suggestions would be published subsequently in the a 307° bearing from the airport and within a presented are particularly helpful in Order. 37-mile radius of Philadelphia International developing reasoned regulatory Airport extending from a 307° bearing to a The FAA has determined that this ° decisions on the proposal. Comments proposed regulation only involves an 053 bearing from the airport and within a are specifically invited on the overall 33-mile radius of Philadelphia International established body of technical Airport extending from a 053° bearing to a regulatory, economic, environmental, regulations for which frequent and ° and energy-related aspects of the 173 bearing from the airport and within a routine amendments are necessary to 16-mile radius of Philadelphia International proposal. Communications should keep them operationally current. Airport extending from a 173° bearing from identify both docket numbers and be Therefore, this proposed regulation—(1) the airport to a 225° bearing from the airport submitted in triplicate to the address is not a ‘‘significant regulatory action’’ and within a 7-mile radius of Chester County listed above. Commenters wishing the under Executive Order 12866; (2) is not G.O. Carlson Airport and within a 6.7-mile FAA to acknowledge receipt of their a ‘‘significant rule’’ under DOT radius of New Castle County Airport and comments on this notice must submit Regulatory Policies and Procedures (44 within a 8-mile radius of Summit Airpark with those comments a self-addressed, and within a 6.5-mile radius of Millville FR 11034; February 26, 1979); and (3) Municipal Airport, excluding the airspace stamped postcard on which the does not warrant preparation of a following statement is made: that coincides with the Wrightstown, NJ; regulatory evaluation as the anticipated Pittstown, NJ; Reading, PA; and Allentown, ‘‘Comments to Docket No. FAA–2003– impact is so minimal. Since this is a PA Class E airspace areas. 16282/Airspace Docket No. 03–AEA– routine matter that would only affect air 06.’’ The postcard will be date/time traffic procedures and air navigation, it * * * * * stamped and returned to the is certified that this proposed rule Issued in Jamaica, New York, on October commenter. would not have significant economic 28, 2003. Availability of NPRMs impact on a substantial number of small John G. McCartney, An electronic copy of this document entities under the criteria of the Assistant Manager, Air Traffic Division, Eastern Region. may be downloaded through the Regulatory Flexibility Act. Internet at http://dms.dot.gov. Recently List of Subjects in 14 CFR Part 71 [FR Doc. 03–31417 Filed 12–19–03; 8:45 am] published rulemaking documents can BILLING CODE 4910–13–M Airspace, Incorporation by reference, also be accessed through the FAA’s Web Navigation (air). page at http://www.faa.gov or the Superintendent of Documents Web page The Proposed Amendment PEACE CORPS at http://www.access.gpo.gov/nara. Additionally, any person may obtain In consideration of the foregoing, the 22 CFR Part 302 a copy of this notice by submitting a Federal Aviation Administration request to the Federal Aviation proposed to amend 14 CFR part 71 as Organization follows: Administration, Office of Air Traffic AGENCY: Peace Corps. Airspace Management, ATA–400, 800 PART 71—[AMENDED] ACTION: Proposed rule. Independence Avenue, SW., Washington, DC 20591, or by calling 1. The authority citation for 14 CFR SUMMARY: The Peace Corps is proposing (202) 267–8783. Communications must part 71 continues to read as follows: to remove regulations which set out identify both docket numbers for this Authority: 49 U.S.C. 106(g), 40103, 40113, information regarding the Peace Corps’ notice. Persons interested in being 40120; E.O. 10854; 24 FR 9565, 3 CFR 1959– organization. The regulations are placed on a mailing list for future 1963 Comp., p. 389. outdated and unnecessary. Information NPRMs should contact the FAA’s Office on the Peace Corps’ organization is § 71.1 [Amended] of Rulemaking, (202) 267–9677, to already published and updated annually request a copy of Advisory Circular No. 2. The incorporation by reference in in the United States Government 11–2A, Notice of Proposed Rulemaking 14 CFR 71.1 of Federal Aviation Manual, a special Federal Register Distribution System, which describes Administration Order 7400.9L, dated publication. the application procedure. September 2, 2003, and effective September 16, 2003, is proposed to be DATES: Comments must be received by The Proposal amended as follows: January 21, 2004. The FAA is considering an ADDRESSES: Comments should be amendment to part 71 of the Federal Paragraph 6005 Class E airspace areas submitted to Suzanne B. Glasow, Aviation Regulations (14 CFR part 71) to extending upward from 700 feet or more Associate General Counsel, Office of the amend the Class E Airspace area at above the surface of the earth. General Counsel, 8th Floor, 1111 20th Philadelphia, PA. The development of * * * * * Street, NW., Washington, DC 20526.

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FOR FURTHER INFORMATION CONTACT: contractors or prospective contractors. agency guidance at any organizational Tyler S. Posey, General Counsel, (202) This change is consistent with the level (e.g., designations and delegations 692–2150. guidance and policy in FAR part 1 of authority, assignments of SUPPLEMENTARY INFORMATION: The Peace regarding what comprises the Federal responsibilities, work-flow procedures, Corps is proposing to remove 22 CFR Acquisition Regulations System and and internal reporting requirements).’’ part 302 from the Code of Federal requires publication for public Further, FAR 1.303 states that issuances Regulations because it is outdated and comment. The NFS document will under FAR 1.301(a)(2) need not be unnecessary. Information on Peace continue to contain both information published in the Federal Register. Corps’ organization is annually updated requiring codification in the CFR and Based on the foregoing, NASA is not and published in the Federal Register’s internal Agency guidance in a single required to publish and codify internal ‘‘United States Government Manual.’’ document that is available on the Agency guidance. See FOIA Update, Summer 1992 (Office Internet. This change will reduce the This proposed rule will modify the of Information and Privacy, Department administrative burden and time existing practice by only publishing of Justice). associated with maintaining the NFS by those regulations which may have a Matters of Regulatory Procedure. only publishing in the Federal Register significant effect beyond the internal Executive Order 12866. The Peace Corps for codification in the CFR material that operating procedures of the Agency or has determined that this proposed rule is subject to public comment. have a significant cost or administrative does not constitute a ‘‘significant DATES: Comments should be submitted impact on contractors or offerors. regulatory action’’ for the purposes of on or before February 20, 2004, to be The NFS will continue to integrate Executive Order 12866. considered in formulation of the final into a single document both regulations Regulatory Flexibility Act. Pursuant to rule. subject to public comments and internal section 605(b) of the Regulatory ADDRESSES: Interested parties should Agency guidance and procedures that Flexibility Act, the Peace Corps certifies submit written comments to Celeste do not require public comment. Those that this rule will not have a significant Dalton, NASA, Office of Procurement, portions of the NFS that require public economic impact on a substantial Contract Management Division (Code comment will continue to be amended number of small entities within the HK), Washington, DC 20546 or via the by publishing changes in the Federal meaning of the Regulatory Flexibility Internet at [email protected]. Register. NFS regulations that require Act (5 U.S.C. 601 et seq.). Accordingly, FOR FURTHER INFORMATION CONTACT: public comment are issued as chapter no regulatory flexibility analysis is Celeste Dalton, NASA, Office of 18 of title 48 CFR. Changes to portions required. Procurement, Contract Management of the regulations contained in the CFR, List of Subjects 22 CFR Part 302 Division (Code HK); (202) 358–1645; e- along with changes to internal guidance mail: [email protected]. and procedures, will be incorporated Organization and functions; SUPPLEMENTARY INFORMATION: into the NASA-maintained Internet government agencies. version of the NFS through Procurement For the reasons set forth in the A. Background Notices (PNs). The single official NASA- preamble and under the authority of 22 Currently the NASA FAR Supplement maintained version of the NFS will U.S.C. 2503(b), the Peace Corps (NFS) contains information to remain available on the Internet. NASA proposes to amend title 22 of the CFR implement or supplement the FAR. This personnel must comply with all by removing part 302. information contains NASA’s policies, regulatory and internal guidance and Dated: December 16, 2003. procedures, contract clauses, procedures contained in the NFS. Tyler S. Posey, solicitation provisions, and forms that This change will result in savings in General Counsel. govern the contracting process or terms of the number of rules subject to [FR Doc. 03–31396 Filed 12–19–03; 8:45 am] otherwise control the relationship publication in the Federal Register and between NASA and contractors or provide greater responsiveness to BILLING CODE 6015–01–M prospective contractors. The NFS also internal administrative changes. contains information that consists of B. Regulatory Flexibility Act internal Agency administrative NATIONAL AERONAUTICS AND procedures and guidance that does not This proposed rule is not expected to SPACE ADMINISTRATION control the relationship between NASA have a significant economic impact on 48 CFR Parts 1813 Through 1817 and contractors or prospective a substantial number of small entities contractors. Regardless of the nature of with the meaning of the Regulatory RIN 2700–AC83 the information, as a policy, NASA has Flexibility Act, 5 U.S.C. 601 et seq., submitted to the Office of Information because this rule would only remove Re-Issuance of NASA FAR Supplement and Regulatory Affairs (OIRA) within from the CFR information that is Parts 1813 Through 1817 the Office of Management and Budget considered internal Agency AGENCY: National Aeronautics and (OMB) and published in the Federal administrative procedures and Space Administration. Register all changes to the NFS. FAR guidance. The information removed ACTION: Proposed rule. 1.101 states in part that the ‘‘Federal from the CFR will continue to be made Acquisition Regulations System consists available to the public via the Internet. SUMMARY: This proposed rule would of the Federal Acquisition Regulation C. Paperwork Reduction Act amend the NASA FAR Supplement (FAR), which is the primary document, (NFS) by removing from the Code of and agency acquisition regulations that The Paperwork Reduction Act does Federal Regulations (CFR) those implement or supplement the FAR. The not apply because the changes do not portions of the NFS containing FAR System does not include internal impose recordkeeping or information information that consists of internal agency guidance of the type described collection requirements which require Agency administrative procedures and in 1.301(a)(2).’’ FAR 1.301(a)(2) states in the approval of the Office of guidance that does not control the part ‘‘an agency head may issue or Management and Budget under 44 relationship between NASA and authorize the issuance of internal U.S.C. 3501 et seq.

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List of Subjects in 48 CFR Parts 1813 (b) In section 1816.307, redesignating considered in formulation of the final Through 1817 paragraphs (a) and (g) as (a)(1) and (g)(1) rule. respectively; and Government procurement. (c) In section 1816.402, deleting the ADDRESSES: Interested parties should submit written comments to Celeste Tom Luedtke, period at the end of the introductory Dalton, NASA, Office of Procurement, Assistant Administrator for Procurement. sentence and adding a colon in its place; and Contract Management Division (Code Accordingly, 48 CFR parts 1813 (d) In paragraph (e) of section HK), Washington, DC 20546 or via the through 1817 are proposed to be 1816.402–270, deleting the period at the Internet at [email protected]. amended as follows: end of the introductory sentence and FOR FURTHER INFORMATION CONTACT: 1. The authority citation for 48 CFR adding a colon in its place. Celeste Dalton, NASA, Office of parts 1813 through 1817, continues to Procurement, Contract Management read as follows: PART 1817—SPECIAL CONTRACTING Division (Code HK); (202) 358–1645; e- METHODS Authority: 42 U.S.C. 2473(c)(1). mail: [email protected]. 6. Amend Part 1817 by removing SUPPLEMENTARY INFORMATION: PART 1813—SIMPLIFIED ACQUSITION Subpart 1817.1, sections 1817.203, PROCEDURES 1817.204, 1817.206, 1817.207, Subparts A. Background 2. Amend Part 1813 by removing 1817.4, 1817.5, 1817.70, 1817.72, Currently the NASA FAR Supplement Subpart 1813.1 and sections 1813.301, 1817.7301, 1817.7301–1, 1817–7301–2, (NFS) contains information to 1813.301–70, 1813.301–71, 1813.301– 1817.7301–3, 1817.7301–4,1817.7301–5; implement or supplement the FAR. This and in section 1817.7302 removing 72, 1813.701–73, 1813.302, 1813.302–1, information contains NASA’s policies, ‘‘described in 1817.7301–5’’ in the first 1813.302–70, 1813.303, 1813.303–3, and procedures, contract clauses, sentence of paragraphs (a) and (b). 1813.307. solicitation provisions, and forms that [FR Doc. 03–31408 Filed 12–19–03; 8:45 am] govern the contracting process or PART 1814—SEALED BIDDING BILLING CODE 7510–01–P otherwise control the relationship between NASA and contractors or 3. Amend Part 1814 by removing prospective contractors. The NFS also sections 1814.201, 1814.201–5, and NATIONAL AERONAUTICS AND contains information that consists of Subpart 1814.4. SPACE ADMINISTRATION internal Agency administrative procedures and guidance that does not PART 1815—CONTRACTING BY 48 CFR Parts 1819 and 1822 Through control the relationship between NASA NEGOTIATION 1825 and contractors or prospective 4. Amend Part 1815 by — RIN 2700–AC84 contractors. Regardless of the nature of (a) Removing sections 1815.201, the information, as a policy, NASA has Re-Issuance of NASA FAR Supplement 1815.203, 1815.203–70, 1815.203–71, submitted to the Office of Information Subchapter D 1815.204, 1815.204–2, 1815.204–5, and Regulatory Affairs (OIRA) within 1815.204–70; AGENCY: National Aeronautics And the Office of Management and Budget (b) In the first sentence of paragraph Space Administration. (OMB) and published in the Federal Register all changes to the NFS. FAR (b) of section 1815.208 removing ‘‘(see ACTION: Proposed rule. 1872.705–1 paragraph VII)’’; 1.101 states in part that the ‘‘Federal (c) Removing sections 1815.300, SUMMARY: This proposed rule would Acquisition Regulations System consists 1815.300–70, 1815.303, 1815.304, amend the NASA FAR Supplement of the Federal Acquisition Regulation 1815.304–70, 1815.305, 1815.305–71, (NFS) by removing from the Code of (FAR), which is the primary document, 1815.306(d)(3), 1815.307, 1815.308, Federal Regulations (CFR) those and agency acquisition regulations that 1815.370, 1815.403–1, 1815.403–3, portions of the NFS containing implement or supplement the FAR. The 1815.403–4, 1815.404, 1815.404–2, information that consists of internal FAR System does not include internal 1815.404–4, 1815.404–470, 1815.404– Agency administrative procedures and agency guidance of the type described 471–1, 1815.404–471–2, 1815.404–471– guidance that does not control the in 1.301(a)(2).’’ FAR 1.301(a)(2) states in 3, 1815.404–471–4, 1815.404–471–5, relationship between NASA and part ‘‘an agency head may issue or 1815.404–471–6, 1815.406, 1815.406–1, contractors or prospective contractors. authorize the issuance of internal 1815.406–170, 1815.406–171, 1815.406– This change is consistent with the agency guidance at any organizational guidance and policy in FAR part 1 172, 1815.406–3; level (e.g., designations and delegations regarding what comprises the Federal of authority, assignments of (d) Removing ‘‘in 1816.603’’ in the Acquisition Regulations System and responsibilities, work-flow procedures, last sentence of section 1815.504; requires publication for public and internal reporting requirements).’’ removing sections 1815.506, 1815.506– comment. The NFS document will Further, FAR 1.303 states that issuances 70; continue to contain both information under FAR 1.301(a)(2) need not be (e) In section 1815.604, redesignating requiring codification in the CFR and published in the Federal Register. paragraph (a) as (a)(6); and internal Agency guidance in a single Based on the foregoing, NASA is not (f) Removing sections 1815.606(b) and document that is available on the required to publish and codify internal 1815.7002. Internet. This change will reduce the Agency guidance. PART 1816—TYPES OF CONTRACTS administrative burden and time This proposed rule will modify the associated with maintaining the NFS by existing practice by only publishing 5. Amend Part 1816 by — only publishing in the Federal Register those regulations which may have a (a) Removing Subpart 1816.1, sections for codification in the CFR material that significant effect beyond the internal 1816.203, 1816.203–4, 1816.306, is subject to public comment. operating procedures of the Agency or 1816.307(b) and (d), 1816.504, 1816.505, DATES: Comments should be submitted have a significant cost or administrative 1816.505–70, and Subpart 1816.6; on or before February 20, 2004, to be impact on contractors or offerors.

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The NFS will continue to integrate PART 1819—SMALL BUSINESS (b) Removing section 1825.903, and into a single document both regulations PROGRAMS subparts 1825.10 and 1825.70. subject to public comments and internal 2. Amend part 1819 by removing [FR Doc. 03–31407 Filed 12–19–03; 8:45 am] Agency guidance and procedures that paragraphs (c), (d), and (f) in section BILLING CODE 7510–01–P do not require public comment. Those 1819.201, subparts 1819.5, 1819.6, portions of the NFS that require public sections 1819.705–2, 1819.705–4, comment will continue to be amended 1819.705–470, subpart 1819.8, sections DEPARTMENT OF TRANSPORTATION by publishing changes in the Federal 1819.7000, and 1819.7002. Register. NFS regulations that require National Highway Traffic Safety public comment are issued as chapter PART 1822—APPLICATION OF LABOR Administration 18 of title 48 CFR. Changes to portions LAWS TO GOVERNMENT of the regulations contained in the CFR, ACQUISITIONS 49 CFR Part 57l along with changes to internal guidance 3. Amend part 1822 by— [Docket No. NHTSA–2003–16487 Notice 1] and procedures, will be incorporated (a) Removing sections 1822.000–70, into the NASA-maintained Internet 1822.101, 1822.101–1, 1822.101–3, Federal Motor Vehicle Safety version of the NFS through Procurement 1822.101–4, 1822.101–70, 1822.103, Standards; Denial of Petition For Notices (PNs). The single official NASA- 1822.103–4, subparts 1822.3, 1822.4, Rulemaking maintained version of the NFS will 1822.6, 1822.8, 1822.10, 1822.13, AGENCY: National Highway Traffic remain available on the Internet. NASA 1822.14, and 1822.15; and Safety Administration (NHTSA), personnel must comply with all (b) Revising section 1822.103–5 to Department of Transportation (DOT). regulatory and internal guidance and read as follows: ACTION: Denial of petition for procedures contained in the NFS. 1822.103–5 Contract clause. rulemaking. This change will result in savings in Insert the clause at 52.222–1, Notice SUMMARY: Based on the agency’s terms of the number of rules subject to to the Government of Labor Disputes, in evaluation, NHTSA denies a petition for publication in the Federal Register and all solicitations and contracts that rulemaking from the Alliance of provide greater responsiveness to exceed the simplified acquisition Automobile Manufacturers (AAM) to internal administrative changes. threshold. amend S4(d) and S4(f)(4) of Federal B. Regulatory Flexibility Act PART 1823—ENVIRONMENT, ENERGY Motor Vehicle Safety Standard (FMVSS) AND WATER EFFICIENCY, No. 214, ‘‘Side impact protection,’’ This proposed rule is not expected to which specifies the travel distance of have a significant economic impact on RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL the loading device in the quasi-static a substantial number of small entities door crush test. NHTSA believes that with the meaning of the Regulatory SAFETY, AND DRUG-FREE WORKPLACE the rulemaking is unnecessary because Flexibility Act, 5 U.S.C. 601 et seq., granting the proposed amendments because this rule would only remove 4. Amend part 1823 by— would not result in a substantive change from the CFR information that is (a) Removing sections 1823.203, in the performance requirements of the considered internal Agency 1823.270, and subparts 1823.3 and standard nor change the way that both administrative procedures and 1823.4; the manufacturers and the agency may guidance. The information removed (b) Amending section 1823.570 by test the vehicle. deleting subsection header ‘‘1823.570–1 from the CFR will continue to be made FOR FURTHER INFORMATION CONTACT: The Scope.’’ and ‘‘Section 1823.570 to available to the public via the Internet. following persons at the National 1823.570–4 set’’ from the beginning of Highway Traffic Safety Administration, C. Paperwork Reduction Act the text following the header, and 400 Seventh Street, SW., Washington, adding ‘‘This section sets’’; DC 20590: The Paperwork Reduction Act does (c) Redesignating sections 1823.570–2 For non-Legal Issues: Mr. Philip Oh, not apply because the changes do not through 1823.570–4 as 1823.570–1 Office of Crashworthiness Standards, impose recordkeeping or information through 1823.570–3, respectively; collection requirements which require (d) In the first paragraph of the NVS–112, telephone (202) 493–0195, the approval of the Office of redesignated section 1823.570–1, facsimile (202) 493–2290, electronic Management and Budget under 44 remove ‘‘1823.570–4’’ and add mail: [email protected]. For Legal Issues: Ms. Deirdre Fujita, U.S.C. 3501 et seq. ‘‘1823.570–3’’ in its place; and (e) Removing subpart 1823.7 and Office of the Chief Counsel, NCC–112, List of Subjects in 48 CFR Parts 1819 section 1823.7102. telephone (202) 366–2992, facsimile and 1822 Through 1825 (202) 366–3820. PART 1824—PROTECTION OF SUPPLEMENTARY INFORMATION: Government procurement. PRIVACY AND FREEDOM OF Background Tom Luedtke, INFORMATION Assistant Administrator for Procurement. Sections S3 and S4 of Federal Motor 5. Amend part 1824 by removing Vehicle Standard (FMVSS) No. 214, subpart 1824.2. Accordingly, 48 CFR parts 1819, and ‘‘Side impact protection,’’ establish quasi-static door crush resistance 1822 through 1825 are amended as PART 1825—FOREIGN ACQUISITION follows: requirements and the associated test 6. Amend part 1825 by— procedures. The current specifications 1. The authority citation for 48 CFR (a) In section 1825.103, removing require the door crush test device to parts 1819, and 1822 through 1825, paragraph (a)(i) and redesignating displace over a full 457 millimeters continues to read as follows: paragraphs (a)(ii) and (a)(iii) as (a)(i) and (mm) (18 inches), the average force to be Authority: 42 U.S.C. 2473(c)(1). (a)(ii), respectively; and calculated at 152 mm (6 inches) and 305

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mm (12 inches), and the peak crush warrant the agency resources that would Issued on: December 17, 2003. resistance to be determined over the be needed to undertake rulemaking on Stephen R. Kratzke, entire 457 mm (18 inches) of crush. this matter. As stated in the standard, Associate Administrator for Rulemaking. Currently, the minimum requirement for the door is to be crushed a full 457 mm [FR Doc. 03–31490 Filed 12–19–03; 8:45 am] the peak crush resistance is 3.5 times (18 inches) to allow for the required BILLING CODE 4910–59–P the curb weight of the vehicle or 53,397 peak crush resistance to be attained. To Newtons (N) (12,000 lb.), whichever is comply with the safety standard, less (2 times or 31,148 N (7,000 lb.) if manufacturers are required to ensure DEPARTMENT OF COMMERCE the seats are removed). this performance requirement is met AAM Petition using the test procedure written in the National Oceanic and Atmospheric regulatory text. However, the agency Administration On August 27, 2002, AAM submitted does not regulate the procedure used by a petition for rulemaking concerning the manufacturers to ensure compliance of 50 CFR Part 622 travel distance of the loading device in the quasi-static door crush test. The test the vehicle. Manufacturers may choose [I.D. 121103D] procedure described in S4(d) of FMVSS to stop the test procedure at any point No. 214 requires the loading device in if they believe it is sufficient to ensure Fisheries of the Caribbean, Gulf of the quasi-static door crush test to be compliance to the requirements of the Mexico, and South Atlantic; Reef Fish displaced over a full 457 mm (18 standard using the regulatory text test Fishery of the Gulf of Mexico; inches) of travel. AAM asserts that for procedure. Amendment 22; Public Hearings vehicles with stiffer side door structures As AAM noted, OVSC may stop the AGENCY: National Marine Fisheries designed for dynamic side impact test if, after 305 mm (12 inches) of Service (NMFS), National Oceanic and protection, the requirement for the peak crush, the peak resistance requirement Atmospheric Administration (NOAA), crush resistance is often attained well is met and prior approval from the Commerce. before 457 mm (18 inches) of travel. COTR is obtained. OVSC may stop the ACTION: Notice of public hearings; Therefore, if the requirement for the test if they believe enough data has been request for comments. peak crush resistance is attained before gathered to determine compliance or the full 457 mm (18 inches) of travel, non-compliance under the regulatory SUMMARY: The Gulf of Mexico Fishery AAM contends that any further door test procedure. For example, OVSC may Management Council (Council) will crush test is unnecessary. In addition, elect to do this to preserve the hold public hearings to solicit AAM points out that NHTSA’s Office of remaining structure of the vehicle for comments on Draft Amendment 22 to Vehicle Safety Compliance’s (OVSC) other compliance test purposes. the Reef Fish Fishery Management Plan test procedure already allows for the However, under the same test of the Gulf of Mexico (Draft Amendment flexibility in its testing. The test procedure, OVSC may instead elect to 22) that contains alternatives for red procedure states that ‘‘if after 12 inches conduct the test over the full 457 mm snapper to: Redefine the biological of loading device travel, the peak crush (18 inches) for agency research or other reference points of maximum resistance has been obtained, the test purposes. sustainable yield (MSY) and optimum may be stopped if prior approval has yield (OY); set status determination AAM argued that the peak force is been obtained from the OVSC criteria including maximum fishing often attained within 305 mm (12 Contracting Officer Technical mortality threshold (MFMT) and Representative (COTR).’’ inches) of loading device travel, and minimum stock size threshold (MSST); AAM petitioned the agency to amend that continuation of side structure establish a rebuilding schedule that is S4(d) by rewording the second sentence loading after the peak force is reached consistent with the Sustainable as: If the peak crush resistance of either results in unrepresentative deformation Fisheries Act of 1996 (SFA); and S3.1.3 or S3.2.3 is not attained within and loading of the door components. establish a standardized methodology to 12 inches of loading device travel, AAM did not provide any data to collect bycatch information. continue the loading device application substantiate this claim, nor does DATES: The meetings will be held in until the peak crush resistance is NHTSA have any. In any event, the January 2004. See SUPPLEMENTARY attained or until 18 inches of travel is agency does not see why the INFORMATION for specific dates and deformation of the vehicle subsequent reached, whichever comes first.’’ Also, times. Comments on the amendment to cessation of the test is relevant to the to be consistent with the proposed should be received by January 9, 2004. change to S4(d), AAM petitioned that petitioner’s requested amendment. ADDRESSES: Written comments should S4(f)(4) also be amended as: ‘‘The peak In accordance with 49 CFR part 552, crush resistance is the largest force be sent to, and copies of the scoping this completes the agency’s review of document are available from, the Gulf of recorded over the entire distance the petition for rulemaking. NHTSA traveled to comply with S4(d).’’ AAM Mexico Fishery Management Council, believes that the suggested amendments 3018 U.S. Highway 301, North, Suite believes that these amendments would would not change the performance improve the objectivity and 1000, Tampa, Florida 33619. requirements, nor change the way that FOR FURTHER INFORMATION CONTACT: Mr. practicability of the standard and are both the manufacturers and the agency consistent with motor vehicle safety. Stu Kennedy, Fishery Biologist, Gulf of may test the vehicle. Thus, after Mexico Fishery Management Council; Analysis considering the allocation of agency telephone: (813) 228–2815. NHTSA agrees that vehicles with stiff resources and agency priorities, NHTSA SUPPLEMENTARY INFORMATION: The side door structures often attain the has decided that the rulemaking Council will hold public hearings to peak resistance requirement before 457 requested by the petitioner is not solicit comments on Draft Amendment mm (18 inches) of travel. However, the warranted. Accordingly, rulemaking on 22. Draft Amendment 22 contains suggested amendments would not lead the petition is denied. alternatives for red snapper to: (1) to a substantive change to the standard’s Authority: 49 U.S.C. 30162; delegation of redefine the biological reference points performance requirements and do not authority at 49 CFR 1.50 and 501.8. of MSY and OY; (2) set status

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determination criteria including MFMT snapper, even in the absence of fishing 4. Tuesday, January 6, 2004, Hilton and MSST; (3) establish a rebuilding mortality, it would take more than 10 Beachfront Garden Inn, 23092 Perdido schedule that is consistent with the years to rebuild the stock. Therefore, Beach Boulevard, Orange Beach, AL SFA; and (4) establish a standardized NOAA Fisheries’ NSG allows for a 36561; telephone: 334–974–1600; methodology to collect bycatch maximum recovery period in the 5. Wednesday, January 7, 2004, San information. absence of fishing mortality (12 years) Luis Resort, 5222 Seawall Boulevard, The red snapper stock is in an plus the mean generation time (19.6 Galveston Island, TX 77551; telephone: overfished condition and subject to years), or 31.6 years for red snapper. A 409–744–1500; overfishing. Currently this stock is recovery plan adopted by the Council under the new guidelines in 2001 would 6. Wednesday, January 7, 2004, Destin under a rebuilding program to restore Community Center, 101 Stahlman the stock to 20 percent spawning have to reach its recovery target during the year 2032 or earlier. The Magnuson- Avenue, Destin, FL 32541; telephone: potential ratio (SPR) by 2019. However, 850–654–5184; this plan is inconsistent with NMFS’ Stevens Fishery Conservation and National Standard Guidelines (NSG) for Management Act (Magnuson-Stevens 7. Thursday, January 8, 2004, New setting definitions of overfishing and the Act) requires that FMPs establish a Orleans Airport Hilton, 901 Airline overfished condition of stocks that are standardized methodology to assess the Drive, Kenner, LA 70062; telephone: consistent with SFA and for setting the amount and type of bycatch occurring in 504–469–5000; and maximum rebuilding time. Definitions the fishery. An additional requirement 8. Thursday, January 8, 2004, Holiday of stock size, the overfished threshold, of the Magnuson-Stevens Act is to Inn, 15208 Gulf Boulevard, Madeira and yield must be biomass based, but identify and implement conservation Beach, FL 33708; telephone: 727–392– overfishing definitions can be based on measures that, to the extent practicable, 2257. minimize bycatch. These actions have SPR. Therefore, before the rebuilding Public comments on the draft plan can be revised, overfished and not been addressed by the Council for the Gulf reef fish fishery and must be amendment that are received in the overfishing targets and thresholds that Council office by 5 p.m., January 9, are consistent with SFA and the NSG considered. The public hearings will be held at 2004, will be presented to the Council. must be specified so that rebuilding the following locations and dates from goals are known. These meetings are physically 7 p.m. - 10 p.m.: accessible to people with disabilities. For overfished stocks, a recovery plan 1. Monday, January 5, 2004, Laguna Requests for sign language must be developed to restore the stocks Madre Learning Center, Port Isabel High interpretation or other auxiliary aids to the biomass level capable of School, Highway 100, Port Isabel, TX should be directed to Trish Kennedy at producing MSY on a continuing basis 78578; telephone: 956–943–0052; the Council (see ADDRESSES) by (BMSY). This is more conservative than 2. Monday, January 5, 2004 , December 29, 2003. the current overfishing definition of 20 Mississippi Department of Marine percent SPR, which is estimated to be Resources, 1141 Bayview Drive, Biloxi, Dated: December 16, 2003. the minimal level needed to prevent MS 39530; telephone: 228–374–5000; Bruce C. Morehead, future declines in the stock. Rebuilding 3. Tuesday, January 6, 2004, Port Acting Director, Office of Sustainable periods are to be as short as possible, Aransas Civic Center, 710 West Avenue Fisheries, National Marine Fisheries Service. but not to exceed 10 years unless the A, Port Aransas, TX 78373; telephone: [FR Doc. 03–31488 Filed 12–19–03; 8:45 am] conditions dictate otherwise. For red 361–749–4111; BILLING CODE 3510–22–S

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Notices Federal Register Vol. 68, No. 245

Monday, December 22, 2003

This section of the FEDERAL REGISTER existing subzone site. The proposed Site A copy of the application will be contains documents other than rules or 2 would include a 22-acre parcel available for public inspection at the proposed rules that are applicable to the containing a 413,000 square foot facility following location: Office of the public. Notices of hearings and investigations, (125 employees) used for warehousing Executive Secretary, Foreign-Trade committee meetings, agency decisions and and distribution of production materials Zones Board, Franklin Court Building— rulings, delegations of authority, filing of petitions and applications and agency and finished tubing. The applicant also Room 4100W, U.S. Department of statements of organization and functions are requests removal of the time restriction Commerce, 1099 14th Street, NW., examples of documents appearing in this on FTZ manufacturing authority Washington, DC 20005. section. pursuant to Board Order 640, which Dated: December 12, 2003. authorized the manufacture of PEX Dennis Puccinelli, tubing under FTZ procedures for an Executive Secretary. DEPARTMENT OF COMMERCE initial three-year period, subject to [FR Doc. 03–31476 Filed 12–19–03; 8:45 am] extension. Foreign-Trade Zones Board Foreign-sourced materials used in the BILLING CODE 3510–DS–P [Docket 63–2003] manufacture of tubing (about 35 percent of total purchases) include: DEPARTMENT OF COMMERCE Foreign-Trade Zone 119—Minneapolis, polyethylene (HDPE) resins (7.1% duty MN; Application for Subzone rate). The company also admits certain Bureau of Industry and Security Expansion and Permanent Authority— parts and materials used in constructing Subzone 119B; Wirsbo Company Plant, the radiant heating systems. Such Action Affecting Export Privileges; In Apple Valley, Minnesota (Polyethylene warehouse distribution items include: the Matter of: ABO (USA) INC., 2653 Tubing) thermostats, brass and copper fittings, NW 20th Street, Miami, FL 33142, aluminum pipe, polyethylene pipe, Respondent An application has been submitted to various polymers and resins in primary the Foreign-Trade Zones Board (the Order form, plastic foil, insulation, packaging Board) by the Greater Metropolitan Area materials, other articles of plastic and The Bureau of Industry and Security, Foreign Trade Zone Commission United States Department of Commerce (Minneapolis, Minnesota), grantee of rubber, polyester tape, fittings, fasteners, mounting tracks, valves, transformers, (‘‘BIS’’) having notified ABO (USA) Inc. FTZ 119, requesting authority to expand (‘‘ABO’’) of its intention to initiate an the boundary of Subzone 119B, at the fuses, relays, junction boxes, metal fittings, flow meters, regulators (duty administrative proceeding against ABO Wirsbo Company plant in Apple Valley, pursuant to § 766.3 of the Export Minnesota, and requesting that the rates: free—8.6%). FTZ procedures exempt Wirsbo from Administration Regulations (currently authority for subzone status be extended codified at 15 CFR parts 730–774 on a permanent basis. The application Customs duty payments on the foreign resin used in export tubing production (2003)) (‘‘Regulations’’), and section was submitted pursuant to the 13(c) of the Export Administration Act provisions of the Foreign-Trade Zones (1% of shipments). On its domestic shipments and exports to NAFTA of 1979, as amended (50 U.S.C. app. Act, as amended (19 U.S.C. 81a–81u), 1 markets, the company is able to choose sections 2401–2420 (2000)) (‘‘Act,’’), and the regulations of the Board (15 CFR based on the proposed charging letter part 400). It was formally filed on the duty rate that applies to finished PEX tubing (3.1%) for the foreign-origin issued to ABO that alleged ABO December 12, 2003. committed two violations of the Subzone 119B was approved by the resin noted above. Duties would continue to be paid on the warehouse Regulations. Specifically, the charges Board in 1993 with temporary authority are: granted for the manufacture of items entered from the subzone for U.S. distribution. The request indicates that 1. One Violation of 15 CFR 764.2(d)— polyethylene tubing at Wirsbo’s Conspiracy—Conspiracy to Export Night the savings from FTZ procedures will manufacturing plant (135,000 sq.ft./10.5 Vision Scopes to Japan without the continue to help improve the facilities’ acres) in Apple Valley, Minnesota Required Licenses: Beginning in 1995 international competitiveness. (Board Order 640, 58 FR 30143, 5–26– and continuing into 1997, ABO 93). Activity at the facility (180 In accordance with the Board’s regulations, a member of the FTZ Staff employees) includes product 1 From August 21, 1994 through November 12, development, manufacturing, testing, has been designated examiner to 2000, the Act was in lapse. During that period, the warehousing, and distribution of cross- investigate the application and report to President, through Executive Order 12924, which linked polyethylene (PEX) tubing for the Board. had been extended by successive Presidential Public comment on the application is Notices, the last of which was issued on August 3, residential and commercial indoor/ 2000 (3 CFR, 2000 Comp. 397 (2001)), continued outdoor hydronic radiant heating invited from interested parties. the Regulations in effect under the International systems. The plant produces up to 300 Submissions (original and three copies) Emergency Economic Powers Act (50 U.S.C. 1701– million feet of tubing under FTZ shall be addressed to the Board’s 1706 (2000)) (‘‘IEEPA’’). On November 13, 2000, the Act was reauthorized and it remained in effect procedures annually. Executive Secretary at the address through August 20, 2001. Since August 21, 2001, The applicant is now requesting below. The closing period for their the Act has been in lapse and the President, through authority to expand the subzone receipt is February 20, 2004. Rebuttal Executive Order 13222 of August 17, 2001 (3 CFR, boundaries to include an additional site comments in response to material 2001 Comp., 783 (2002)), which has been extended by successive Presidential Notices, the most recent located at 2300 West Highway 13, submitted during the foregoing period being that of August 7, 2003 (68 FR 47833, August Burnsville (Dakota County), Minnesota, may be submitted during the subsequent 11, 2003)), has continued the Regulations in effect about nine miles northwest of the 15-day period (to March 8, 2004). under IEEPA.

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conspired and acted in concert with officers, representatives, agents or has been or will be exported from the others, known and unknown, to violate employees (‘‘denied person’’) may not, United States to any destination other the former regulations and Regulations. directly or indirectly, participate in any than Canada, and which is owned, The goal of the conspiracy was to evade way in any transaction involving any possessed or controlled by the denied Department of Commerce export commodity, software, or technology person, or service any item, of whatever licensing requirements relating to night (hereinafter collectively referred to as origin, that is owned, possessed or vision scopes and to export night vision ‘‘item’’) exported or to be exported from controlled by the denied person if such scopes from the United States to Japan the United States to any destination service involves the use of any item without the required Department of other than Canada, that is subject to the subject to the Regulations that has been Commerce licenses. To accomplish the Regulations, or in any other activity or will be exported from the United conspiracy, the conspirators, including subject to the Regulations, including, States to any destination other than ABO, took actions in furtherance of the but not limited to: Canada. For purposes of this paragraph, conspiracy, including falsifying invoices A. Applying for, obtaining, or using servicing means installation, and shipping documents and any license, License Exception, or maintenance, repair, modification or disassembling the night vision scopes export control document relating to any testing. before exporting them from the United destination other than Canada; Fifth, that after notice and States to Japan to avoid detection by B. Carrying on negotiations opportunity for comment as provided in U.S. authorities, including the concerning, or ordering, buying, § 766.23 of the Regulations, any person, Department of Commerce. receiving, using, selling, delivering, firm, corporation, or business 2. One Violation of 15 CFR 764.2(a)— storing, disposing of, forwarding, organization related to ABO by Engaging in Prohibited Conduct— transporting, financing, or otherwise affiliation, ownership, control, or Export of Night Vision Scopes Without servicing in any way, any transaction position of responsibility in the conduct the Required Licenses. On or about involving any item exported or to be of trade or related services may also be February 28, 1997, ABO exported or exported from the United States to any subject to the provisions of this Order. caused to be exported items subject to destination other than Canada, that is Sixth, that this Order does not the Regulations, specifically night subject to the regulations, or in any prohibit any export, reexport, or other vision scopes, models Night Ranger 150 other activity subject to the regulations; transaction subject to the Regulations and Night Ranger 250; from the United or where the only items involved that are States to Japan without the required C. Benefiting in any way from any subject to the Regulations are the Department of Commerce license. An transaction involving any item exported foreign-produced direct product of U.S.- export license was required for the or to be exported from the United States origin technology. export of the Night Vision scopes, to any destination other than Canada, Seventh, that, as authorized by which were classified under ECCN that is subject to the regulations, or in § 766.18(c) of the regulations, the 6A002.c on the Commerce Control List, any other activity subject to the $20,000 civil penalty set forth above from the United States to Japan by Regulations. shall be suspended in its entirety for § 742.6 of the regulations. Fourth, that no person may, directly one year fro the date of this Order, and BIS and ABO having entered into a or indirectly, do any of the following: shall thereafter be waived, provided that Settlement Agreement pursuant to A. Export or reexport other than to during the period of suspension, ABO Section 766.18(a) of the regulations Canada, to or on behalf of the denied has committed no violation of the Act whereby they agreed to settle this matter person any item subject to the or any regulation, order or license in accordance with the terms and regulations; issued thereunder. conditions set forth therein, and the B. Take any action that facilitates the Eighth, that the proposed charging terms of the Settlement Agreement acquisition or attempted acquisition by letter, the Settlement Agreement, and having been approved by me; the denied person of the ownership, this Order shall be made available to the It is therefore ordered: possession, or control of any item public. First, that a civil penalty of $20,000 is subject to the Regulations that has been This Order, which constitutes the assessed against ABO, which shall be or will be exported from the United final agency action in this matter, is paid to the U.S. Department of States to any destination other than effective immediately. Commerce within 30 days from the date Canada, including financing or other Entered this 15th day of December 2003. of the entry of this Order. Payment shall support activities related to a Julie L. Myers, be made in the manner specified in the transaction whereby the denied person Assistant Secretary of Commerce for Export attached instructions. acquires or attempts to acquire such Enforcement. Second, that, pursuant to the Debt ownership, possession or control; [FR Doc. 03–31411 Filed 12–19–03; 8:45 am] Collection Act of 1982, as amended (21 C. Take any action to acquire from or U.S.C. 3701–3720E (2000)), the civil to facilitate the acquisition or attempted BILLING CODE 3510–DT–M penalty owed under this Order accrues acquisition from the denied person of interest as more fully described in the any item subject to the Regulations that DEPARTMENT OF COMMERCE attached Notice, and, if payment is not has been exported from the United made by the due date specified herein, States to any destination other than International Trade Administration ABO will be assessed, in addition to the Canada; full amount of the civil penalty and D. Obtain from the denied person in [A–549–813] interest, a penalty charge and an the United States any item subject to the Final Court Decision and Amended administrative charge, as more fully Regulations with knowledge or reason Final Results of Antidumping Duty described in the attached Notice. to know that the item will be, or is Administrative Review: Canned Third, that for a period of two years intended to be, exported from the Pineapple Fruit From Thailand from the date of this Order, ABO (USA) United States to any destination other Inc., 2653 NW 20th Street, Miami, FL than Canada; or AGENCY: Import Administration, 33142, its successors or assigns, and E. Engage in any transaction to service International Trade Administration, when acting for or on behalf of ABO, its any item subject to the Regulations that Department of Commerce.

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ACTION: Notice of Final Court Decision 15, 2003). Pursuant to the CIT’s April ACTION: Notice of Final Results and and Amended Final Results of 16, 2003 Order and Opinion, the Partial Rescission of the 2001–2002 Antidumping Duty Administrative Department filed its remand results on Administrative Review, and Final Review: Canned Pineapple Fruit from June 16, 2003. On September 15, 2003, Results of the New Shipper Review. Thailand. the CIT affirmed the Department’s final results of redetermination in Maui SUMMARY: We have determined that SUMMARY: On September 15, 2003, the Pineapple. On October 1, 2003, the sales of certain non-frozen apple juice United States Court of International Department published the Notice of CIT concentrate from the People’s Republic Trade (CIT) affirmed the Department of Decision consistent with the Federal of China were not made below normal Commerce’s redetermination on remand Circuit decision in Timken. The time value during the period June 1, 2001, of the final results of the fifth period for appealing the CIT’s decision through May 31, 2002. We are also administrative review of the has expired and no party has appealed rescinding the review, in part, in antidumping duty order on canned the CIT’s affirmation of the Departments accordance with 19 CFR 351.213(d)(3). pineapple fruit from Thailand. See Maui final results of redetermination. Based on our review of comments Pineapple Company, Ltd. v. United received and a reexamination of States, Slip Op. 03–120 (September 15, Amendment To Final Determinations surrogate value data, we have made 2003), Court No. 01–01017 (Maui Pursuant to section 516A(e) of the certain changes in the margin Pineapple). Consistent with the decision Tariff Act of 1930, as amended, as there calculations for all of the reviewed of the United States Court of Appeals for is now a final and conclusive court companies. The final weighted-average the Federal Circuit (Federal Circuit) in decision, we are now amending the final dumping margins for these firms are Timken Co. v. United States, 893 F.2d results of the antidumping duty listed below in the section entitled 337 (Fed. Cir. 1990) (Timken), on administrative review to reflect a ‘‘Final Results of Review.’’ Changsha October 1, 2003, the Department of revised weighted average margin for Industrial Products & Minerals Import Commerce (the Department) notified the Dole Food Company, Dole Packaged and Export Co., Ltd. did not respond to public that Maui Pineapple and the Foods and Dole Thailand (collectively, the Department’s questionnaire and will CIT’s earlier opinion in this case were Dole). See Final Results. We determine receive the facts available rate. See ‘‘Use ‘‘not in harmony’’ with the that the following revised weighted- of Fact Otherwise Available’’ section, Department’s original results. See average margin exists for Dole for the below. Based on these final results of Notice of Decision of the Court of period of July 1, 1999 through June 30, review, we will instruct U.S. Customs International Trade: Canned Pineapple 2000 : and Border Protection to assess Fruit from Thailand, 68 FR 56619 antidumping duties based on the (October 1, 2003) (Notice of Decision). Manufacturer/Exporter Margin (percent) difference between the export price and No party has appealed the CIT’s normal value on all appropriate entries. Dole ...... 0.98 decision within the 60-day time period EFFECTIVE DATE: December 22, 2003. provided and the Department is now Accordingly, the Department will FOR FURTHER INFORMATION CONTACT: issuing these amended final results Audrey Twyman, Stephen Cho, or John reflecting the CIT’s decision. determine and the U.S. Customs and Border Protection (CBP) will assess Brinkmann, Group 1, Office I, EFFECTIVE DATE: December 22, 2003. appropriate antidumping duties on the Antidumping/Countervailing Duty FOR FURTHER INFORMATION CONTACT: relevant entries of subject merchandise Enforcement, Import Administration, David Layton or Charles Riggle, Office 5, covered by the review period listed International Trade Administration, Group II, AD/CVD Enforcement, Import above. The Department will issue U.S. Department of Commerce, 14th Administration, International Trade appraisement instructions directly to Street and Constitution Avenue NW, Administration, U.S. Department of the CBP within 15 days of the Washington, DC 20230; telephone (202) Commerce, 14th Street and Constitution publication of this notice. 482–3534, (202) 482–3798, and (202) Avenue, NW, Washington, DC 20230; 482–4126, respectively. Dated: 15, 2003. telephone: (202) 482–0371 and (202) SUPPLEMENTARY INFORMATION: 482–0650, respectively. James J. Jochum, Background SUPPLEMENTARY INFORMATION: Assistant Secretary for Import Administration. On July 7, 2003, the Department Background [FR Doc. E3–00606 Filed 12–19–03; 8:45 am] published the preliminary results of this On October 17, 2001, the Department BILLING CODE 3510–DS–S review of certain non-frozen apple juice published a notice of the final results of concentrate (≥AJC’’) from the People’s the fifth administrative review of Republic of China (‘‘PRC’’). See Certain canned pineapple fruit from Thailand. DEPARTMENT OF COMMERCE Non-Frozen Apple Juice Concentrate See Notice of Final Results of From the People’s Republic of China: International Trade Administration Antidumping Duty Administrative Preliminary Results of 2001–2002 Review and Rescission of Administrative Review and New [A-570–855] Administrative Review in Part: Canned Shipper Review, and Partial Rescission Pineapple Fruit From Thailand, 66 FR Certain Non-Frozen Apple Juice of Review, 68 FR 40244 (July 7, 2003) 52744 (October 17, 2001) (Final Concentrate from the People’s (‘‘Preliminary Results’’). The period of Results). Maui Pineapple Company, Ltd. Republic of China: Final Results and review (‘‘POR’’) is June 1, 2001, through filed a lawsuit challenging these results Partial Rescission of the 2001–2002 May 31, 2002. This review covers the and the CIT issued an Order and Administrative Review, and Final following producers or exporters Opinion dated April 16, 2003 Results of the New Shipper Review. (referred to collectively as ‘‘the remanding two issues to the respondents’’): Shaanxi Haisheng Fresh Department. See Maui Pineapple AGENCY: Import Administration, Fruit Juice Co., Ltd. (‘‘Haisheng’’), SDIC Company, Ltd. v. United States, 264 International Trade Administration, Zhonglu Juice Group Co., Ltd. F.Supp.2d 1244 (CIT 2003) (September Department of Commerce. (‘‘Zhonglu’’), Yantai Oriental Juice Co.,

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Ltd. (‘‘Oriental’’), Sanmenxia Lakeside Rescission of Review in Part is a list of the issues which parties have Fruit Juice Co., Ltd. (‘‘Lakeside’’), and As noted in the Preliminary Results, raised and to which we have responded Changsha Industrial Products & Shandong Foodstuffs Import and Export in the Decision Memorandum. Parties Minerals Import and Export Co., Ltd. Corporation (‘‘Shandong’’), Shaanxi can find a complete discussion of all (‘‘Changsha’’). On July 26, 2002, Gansu Gold Peter Natural Drink Co., Ltd. issues raised in this review and the Tongda Fruit Juice and Beverage (‘‘Gold Peter’’), Qingdao Nannan Foods corresponding recommendations in this Company (‘‘Gansu Tongda’’) agreed to Co., Ltd. (‘‘Nannan’’), Shaanxi public memorandum which is on file in align the new shipper review with the Machinery and Equipment Import and the Central Records Unit, room B-099 of second administrative review; therefore, Export Corporation (‘‘SAAME’’), the main Department building. In the concurrent new shipper review Shaanxi Hengxing Fruit Juice Co., Ltd. addition, a complete version of the covers one producer/exporter: Gansu (‘‘Hengxing’’), Xian Asia Qin Fruit Co., Decision Memorandum can be accessed Tongda. Ltd. (‘‘Xian Asia’’), and Xian Yang Fuan directly on the Internet at http:// In September 2003, we conducted Juice Co., Ltd. (‘‘Xian Yang’’) reported www.ia.ita.doc.gov/frn/summary/ verification of the questionnaire no shipments of subject merchandise to list.htm under the heading ‘‘China responses submitted by Gansu Tongda. the United States during the POR. Entry PRC.’’ The paper copy and electronic We issued a verification report on data provided by U.S. Customs and version of the Decision Memorandum October 8, 2003. Border Protection (‘‘CBP’’) confirm that are identical in content. We invited parties to comment on the there were no POR entries from Changes Since the Preliminary Results Preliminary Results and the Verification Shandong, Gold Peter, Nannan, Report. On October 20, 2003, we SAAME, Hengxing, Xian Asia, and Xian Based on our review of comments received a combined case brief from Yang of AJC. Therefore, consistent with received, verification, and a Haisheng, Zhonglu, Oriental, and Gansu the Department’s regulations and reexamination of surrogate value data, Tongda. No rebuttal briefs were practice, we are rescinding this review we have made certain changes to the with respect to Shandong, Gold Peter, submitted. No hearing was held because calculations for the final results. These Nannan, SAAME, Hengxing, Xian Asia, respondents withdrew their request for changes are discussed in the following and Xian Yang. (See 19 CFR a hearing in a letter dated October 23, Comments in the Decision 351.213(d)(3); see, also, Silicon Metal 2003. Memorandum or in the referenced final from Brazil; Final Results of calculation memorandum: On October 22, 2003, the Department Antidumping Duty Administrative published in the Federal Register a Review, 61 FR 46763 (September 5, All Companies Notice of Extension of Time Limit for 1996).) the Final Results of the Second Overhead, SG&A, and Profit: We have Administrative Review and New Use of Facts Otherwise Available revised the overhead, SG&A and profit Shipper Review, 68 FR 60338. As discussed in detail in the ratios based on the full English translation of the Agros Holding The Department has conducted this Preliminary Results, we have determined that companies which did Incorporated financial statement administrative review and new shipper submitted by respondents in their review in accordance with section 751 not respond to the Department’s questionnaire in this proceeding should August 18, 2003 ‘‘2nd; Surrogate Value of the the Tariff Act of 1930, as Submission’’ at Exhibit 2. The revised amended (‘‘the Act’’). not receive separate rates and, thus, are viewed as part of the PRC-wide entity. overhead percentage is 7.11. The revised Scope of Review Moreover, as noted in the Preliminary SG&A percentage is 50.24. The revised Results, we determine that, in profit percentage is 4.46. See Comment The product covered by this order is accordance with sections 776(a) and (b) 2 of the Decision Memorandum. certain non-frozen apple juice of the Act, the use of adverse facts Domestic Brokerage and Handling: In concentrate (‘‘NFAJC’’). Certain NFAJC available is appropriate for companies the Preliminary Results, domestic is defined as all non-frozen which did not respond to our requests brokerage and handling was based on a concentrated apple juice with a Brix for information. No party in this single brokerage and handling rate. For scale of 40 or greater, whether or not proceeding has commented on these these final results the Department has containing added sugar or other issues since the publication of the calculated the surrogate brokerage and sweetening matter, and whether or not Preliminary Results. Thus, for these handling value by averaging this fortified with vitamins or minerals. final results, we have continued to brokerage and handling rate with two Excluded from the scope of this order assign the PRC-wide rate of 51.74 additional freight forwarder quotes are: frozen concentrated apple juice; percent to Changsha Industrial Products non-frozen concentrated apple juice that which were used by the Department in & Minerals Import and Export Co. and recent cases. has been fermented; and non-frozen other companies subject to the PRC- We have continued to remove concentrated apple juice to which wide rate. spirits have been added. Terminal Handling Charges from the The merchandise subject to this order Analysis of Comments Received calculation because we have is classified in the Harmonized Tariff All issues raised in the case brief by information from both Maersk Sealand Schedule of the United States parties to this review are addressed in and UML Shipping Agency Ltd. (‘‘HTSUS’’) at subheadings the ‘‘Issues and Decision Memorandum’’ indicating that Terminal Handling 2106.90.52.00, and 2009.70.00.20 before from Jeffrey May, Deputy Assistant Charges were not in effect in the PRC January 1, 2002, and 2009.79.00.20 after Secretary, Import Administration to until the first quarter of 2002. January 1, 2002. Although the HTSUS James J. Jochum, Assistant Secretary, The prices are from 1999. Therefore, subheadings are provided for Import Administration, dated December we have inflated them to the POR. The convenience and customs purposes, the 15, 2003, (‘‘Decision Memorandum’’), resulting value is US$3.65/MT. See written description of the scope of the which is hereby adopted by this notice. Comment 3 of the Decision order is dispositive. Attached to this notice as an Appendix Memorandum.

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Gansu Tongda Since the charge did not include ocean Final Results of Reviews freight we have added ocean freight Ocean Freight for Gansu Tongda’s charges to the bag cost. See December We determine that the following Market Economy Purchase: Gansu 15, 2003, ‘‘Final Results Calculation dumping margins exist for the following Tongda purchased aseptic bags in U.S. Memorandum for Gansu Tonga Fruit companies for the period June 1, 2001, dollars from a market economy supplier. Juice & Beverage Company.’’ through May 31, 2002:

SECOND ADMINISTRATIVE REVIEW

Exporter/manfacturer/producer Weighted-average margin percentage

Sanmenxia Lakeside Fruit Juice Co., Ltd...... 0.00 Shaanxi Haisheng Fresh Fruit Juice Co., Ltd...... 0.00 SDIC Zhonglu Juice Group Co., Ltd...... 0.00 (a.k.a. Shandong Zhonglu Juice Group Co., Ltd.,. Rushan Shangjin-Zhonglu Foodsuff Co., Ltd.. Shandong Luling Fruit Juice Co., Ltd.). Yantai Oriental Juice Co., Ltd...... 0.00 PRC-wide rate (including Changsha Industrial Products & Minerals Import and Export Co., Ltd.) ...... 51.74

NEW SHIPPER REVIEW

Weighted-average margin Exporter Producer/manufacturer percentage

Gansu Tongda Fruit Juice and Beverage Company ...... Gansu Tongda Fruit Juice and Beverage Company 0.00

The PRC-wide rate applies to all de minimis, we will order the Customs exporters with separate rates, the cash entries of the subject merchandise, Service to liquidate without regard to deposit rate will be the company- including entries from Changsha antidumping duties. All other entries of specific rate established for the most Industrial Products & Minerals Import the subject merchandise during the POR recent period during which they were and Export Co., Ltd., except for entries will be liquidated at the antidumping reviewed; (3) for all other PRC from exporters that are identified duty cash deposit rate in place at the exporters, the rate will be the PRC individually above. time of entry. country-wide rate, which is 51.74 percent; and (4) for all other non-PRC Assessment Rates An injunction prevented us from liquidating entries from Oriental, exporters of subject merchandise from The Department will issue Lakeside, Haisheng, Zhonglu, and the PRC, the cash deposit rate will be appropriate assessment instructions Changsha. On December 12, 2003, we the rate applicable to the PRC exporter directly to U.S. Customs and Border published a ‘‘Timken Notice’’, that supplied that exporter. These Protection (‘‘CBP’’) within 15 days of announcing the Court of International deposit requirements, when imposed, publication of the final results of this Trade’s final judgement in Yantai shall remain in effect until publication review. Oriental Juice Co., et al. v. United States of the final results of the next In accordance with 19 CFR and Coloma Frozen Foods, Inc., et al. administrative review. 351.212(b)(1), we have calculated See Certain Non-Frozen Apple Juice Cash Deposit Requirements for New importer (or customer)-specific Concentrate from the People’s Republic Shipper Review assessment rates for the merchandise of China: Notice of Court Decision and subject to this review. To determine Suspension of Liquidation, 68 FR 69377. Bonding will no longer be permitted whether the duty assessment rates were Should no party appeal this decision we to fulfill security requirements for de minimis, in accordance with the will liquidate these companies’ entries shipments from Gansu Tongda of non- requirement set forth in 19 CFR in accordance with the language of the frozen apple juice concentrate from the 351.106(c)(2), we calculated importer ‘‘Timken Notice’’. PRC entered, or withdrawn from (or customer)-specific ad valorem rates warehouse, for consumption on or after Cash Deposit Requirements for the publication date of the final results by aggregating the dumping margins Administrative Review calculated for all U.S. sales to that of this new shipper review. importer (or customer) and dividing this The following cash deposit The following deposit rates shall be amount by the total value of the sales to requirements will be effective upon required for merchandise subject to the that importer (or customer). Where an publication of the final results of this order entered, or withdrawn from importer (or customer)-specific ad administrative review for all shipments warehouse, for consumption on or after valorem rate was greater than de of the subject merchandise entered, or the publication date of these final minimis, we calculated a per unit withdrawn from warehouse, for results, as provided by section 751(a)(1) assessment rate by aggregating the consumption on or after the publication and (a)(2)(B) of the Act: (1) the cash dumping margins calculated for all U.S. date, as provided for by section deposit rate for Gansu Tongda (i.e., for sales to that importer (or customer) and 751(a)(1) of the Act: (1) for the PRC subject merchandise manufactured and dividing this amount by the total companies named above, the cash exported by Gansu Tongda) will be the quantity sold to that importer (or deposit rates will be the rates for these rate indicated above; (2) the cash customer). Where an importer (or firms indicated above; (2) for deposit rate for PRC exporters who customer )-specific ad valorem rate was previously-reviewed PRC and non-PRC received a separate rate in a prior

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segment of the proceeding will continue derived from the Agros financial Republic of China (‘‘PRC’’) for Yantai to be the rate assigned in that segment statement. Golden Tide Fruits and Vegetable Food of the proceeding; (3) the cash deposit Comment 3: The Department should Co., Ltd. (‘‘Golden Tide’’), (see Certain rate for the PRC NME entity and for revise its surrogate value for domestic Non-Frozen Apple Juice Concentrate subject merchandise exported by Gansu brokerage and handling. From the People’s Republic of China: Tongda but not manufactured by them [FR Doc. 03–31481 Filed 12–19–03; 8:45 am] Preliminary Results of New Shipper will continue to be the PRC-wide rate BILLING CODE 3510–DS–S Review, 68 FR 44741 (July 30, 2003) (i.e., 51.74 percent); and (4) the cash (‘‘Preliminary Results’’)). deposit rate for non-PRC exporters of In September 2003, we conducted subject merchandise from the PRC will DEPARTMENT OF COMMERCE verification of the questionnaire be the rate applicable to the PRC responses submitted by Golden Tide. exporter that supplied that exporter. International Trade Administration We issued a verification report on These deposit requirements shall [A–570–855] October 5, 2003. remain in effect until publication of the We invited parties to comment on the final results of the next administrative Certain Non-Frozen Apple Juice Preliminary Results and the verification review. Concentrate From the People’s report. On October 15, 2003, we received a case brief from Golden Tide. Notification to Importers Republic of China: Final Results of New Shipper Review No rebuttal briefs were received. No This notice also serves as a final hearing was held because none was reminder to importers of their AGENCY: Import Administration, requested. responsibility under 19 CFR 351.402(f) International Trade Administration, On October 22, 2003, the Department to file a certificate regarding the Department of Commerce. published in the Federal Register a reimbursement of antidumping duties ACTION: Notice of final results of new Notice of Extension of Time Limit for prior to liquidation of the relevant shipper review. the Final Results of the New Shipper entries during this review period. Review, 68 FR 60337. Failure to comply with this requirement SUMMARY: We have determined that The Department has conducted this could result in the Secretary’s sales of certain non-frozen apple juice review in accordance with section presumption that reimbursement of concentrate from the People’s Republic 751(a) of the Tariff Act of 1930, as antidumping duties occurred and the of China were made below normal value amended, (‘‘the Act’’). during the period June 1, 2002, through subsequent assessment of doubled Scope of Order antidumping duties. November 30, 2002. Based on our review of comments The product covered by this order is Notification Regarding APOs received and a reexamination of certain non-frozen apple juice concentrate (‘‘NFAJC’’). Certain NFAJC This notice also serves as a reminder surrogate value data, we have made certain changes in the margin is defined as all non-frozen to parties subject to administrative concentrated apple juice with a Brix protective orders (‘‘APO’’) of their calculation for Yantai Golden Tide Fruits and Vegetable Food Co., Ltd. scale of 40 or greater, whether or not responsibility concerning the return or containing added sugar or other destruction of proprietary information Consequently, the final results differ from the preliminary results. The final sweetening matter, and whether or not disclosed under APO in accordance fortified with vitamins or minerals. with 19 CFR 351.305, which continues weighted-average dumping margin for Yantai Golden Tide Fruits and Excluded from the scope of this order to govern business proprietary are: frozen concentrated apple juice; information in this segment of the Vegetable Food Co., Ltd. is listed below in the section entitled ‘‘Final Results of non-frozen concentrated apple juice that proceeding. Timely written notification has been fermented; and non-frozen of the return/destruction of APO Review.’’ Based on these final results, we will instruct U.S. Customs and concentrated apple juice to which materials or conversion to judicial spirits have been added. protective order is hereby requested. Border Protection to assess antidumping duties based on the difference between The merchandise subject to this order Failure to comply with the regulations is classified in the Harmonized Tariff and terms of an APO is a violation the export price and normal value on all appropriate entries. Schedule of the United States which is subject to sanction. (‘‘HTSUS’’) at subheadings EFFECTIVE DATE: December 22, 2003. We are issuing and publishing this 2106.90.52.00, and 2009.70.00.20 before determination and notice in ccordance FOR FURTHER INFORMATION CONTACT: January 1, 2002, and 2009.79.00.20 after with section 751(a)(1), 751(a)(2)(B), and Audrey Twyman or John Brinkmann, January 1, 2002. Although the HTSUS 777(i) of the Act. Group 1, Office I, Antidumping/ subheadings are provided for Dated: December 15, 2003. Countervailing Duty Enforcement, convenience and customs purposes, the Import Administration, International James J. Jochum, written description of the scope of the Trade Administration, U.S. Department order is dispositive. Assistant Secretary for Import of Commerce, 14th Street and Administration. Constitution Avenue, NW., Washington, Analysis of Comments Received APPENDIX DC 20230; telephone: (202) 482–3534, or All issues raised in the case brief to List of Comments and Issues in the (202) 482–4126, respectively. this new shipper review are addressed Decision Memorandum SUPPLEMENTARY INFORMATION: in the ‘‘Issues and Decision Memorandum’’ from Jeffrey May, Comment 1: The Department’s use of Background Deputy Assistant Secretary, Import Poland as the primary surrogate country On July 30, 2003, the Department Administration to James J. Jochum, is contrary to law and unsupported by published in the Federal Register the Assistant Secretary, Import the administrative record. preliminary results of this new shipper Administration, dated December 15, Comment 2: The Department should review of non-frozen apple juice 2003, (‘‘Decision Memorandum’’), revise its surrogate ratio calculations concentrate (‘‘AJC’’) from the People’s which is hereby adopted by this notice.

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Attached to this notice as an Appendix Final Results of Review exported by Golden Tide) will be the is a list of the issues which parties have For the reasons discussed in our rate indicated above; (2) the cash raised and to which we have responded Preliminary Results and above, we deposit rate for PRC exporters who in the Decision Memorandum. Parties determine that the following weighted- received a separate rate in a prior can find a complete discussion of all average margin percentage exists for segment of the proceeding will continue issues raised in this review and the Golden Tide during the period June 1, to be the rate assigned in that segment corresponding recommendations in this 2002, through November 30, 2002: of the proceeding; (3) the cash deposit public memorandum which is on file in rate for the PRC NME entity and for the Central Records Unit, room B–099 of Manufacturer/Producer/Ex- Margin subject merchandise exported by the main Department building. In porter (percentage) Golden Tide but not manufactured by addition, a complete version of the them will continue to be the PRC-wide Yantai Golden Tide Fruits & rate (i.e., 51.74 percent); and (4) the cash Decision Memorandum can be accessed Vegetable Food Co., Ltd ... 7.70 directly on the Internet at http:// PRC Wide ...... 51.74 deposit rate for non-PRC exporters of www.ia.ita.doc.gov/frn/summary/ subject merchandise from the PRC will be the rate applicable to the PRC list.htm under the heading ‘‘China Assessment Rates PRC.’’ The paper copy and electronic exporter that supplied that exporter. version of the Decision Memorandum The Department will issue These deposit requirements shall are identical in content. appropriate assessment instructions remain in effect until publication of the directly to U.S. Customs and Border final results of the next administrative Changes Since the Preliminary Results Protection (‘‘CBP’’) within 15 days of review. publication of the final results of this Based on our review of comments review. Notification to Importers received, the verification, and a In accordance with 19 CFR reexamination of surrogate value data, 351.212(b)(1), we have calculated This notice also serves as a final we have made certain changes to the importer (or customer)-specific reminder to importers of their calculations for the final results. These assessment rates for the merchandise responsibility under 19 CFR changes are discussed in the following subject to this review. To determine 351.402(f)(2) to file a certificate Comments in the Decision whether the duty assessment rates were regarding the reimbursement of Memorandum or in the December 15, de minimis, in accordance with the antidumping duties prior to liquidation 2003 ‘‘Final Results Calculation requirement set forth in 19 CFR of the relevant entries during this Memorandum for Yantai Golden Tide 351.106(c)(2), we calculated importer review period. Failure to comply with Fruits & Vegetable Co., Ltd.’’ (‘‘Calc (or customer)-specific ad valorem rates this requirement could result in the Memo’’). by aggregating the dumping margins Secretary’s presumption that reimbursement of antidumping duties Domestic Brokerage and Handling: In calculated for all U.S. sales to that importer (or customer) and dividing this occurred and the subsequent assessment the Preliminary Results, domestic of doubled antidumping duties. brokerage and handling was based on a amount by the total value of the sales to single brokerage and handling rate. For that importer (or customer). Where an Notification Regarding APOs importer (or customer)-specific ad these final results the Department has valorem rate was greater than de This notice also serves as the only calculated the surrogate brokerage and minimis, we calculated a per unit reminder to parties subject to handling value by averaging this assessment rate by aggregating the administrative protective orders brokerage and handling rate with two dumping margins calculated for all U.S. (‘‘APO’’) of their responsibility additional freight forwarder quotes sales to that importer (or customer) and concerning the return or destruction of which were used by the Department in dividing this amount by the total proprietary information disclosed under recent cases. quantity sold to that importer (or APO in accordance with 19 CFR The prices are from 1999. Therefore, customer). Where an importer (or 351.305(a)(3). Timely written we have inflated them to the POR. The customer )-specific ad valorem rate was notification of the return/destruction of resulting value is US$8.78/MT. See de minimis, we will order the Customs APO materials or conversion to judicial Comment 3 of the Decision Service to liquidate without regard to protective order is hereby requested. Memorandum. antidumping duties. Failure to comply with the regulations Overhead, SG&A, and Profit: We have Cash Deposit Requirements and terms of an APO is a violation revised the overhead, SG&A and profit which is subject to sanction. Bonding will no longer be permitted ratios based on the full English to fulfill security requirements for We are issuing and publishing this translation of the Agros Holding shipments from Golden Tide of non- determination and notice in accordance Incorporated financial statement frozen apple juice concentrate from the with sections 751(a)(2)(B)(iv) and 777(i) submitted by the respondent in its PRC entered, or withdrawn from of the Act and 19 CFR 351.214. August 18, 2003 ‘‘2nd Surrogate Value warehouse, for consumption on or after Dated: December 15, 2003. Submission’’ at Exhibit 2. The revised the publication date of the final results James J. Jochum, overhead percentage is 7.11. The revised of this new shipper review. SG&A percentage is 50.24. The revised Assistant Secretary for Import The following deposit rates shall be Administration. profit percentage is 4.46. See Comment required for merchandise subject to the 2 of the Decision Memorandum. order entered, or withdrawn from Appendix Aseptic Bags: Golden Tide purchased warehouse, for consumption on or after List of Comments and Issues in the Decision aseptic bags from a market economy the publication date of these final Memorandum supplier slightly before the POR. results, as provided by section 751(a)(1) Comment 1: The Department’s use of Therefore, we have inflated the price of and (a)(2)(B) of the Act: (1) The cash Poland as the primary surrogate country is the bags to the POR. The resulting price deposit rate for Golden Tide (i.e., for contrary to law and unsupported by the is business proprietary. See Calc Memo. subject merchandise manufactured and administrative record.

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Comment 2: The Department should revise Background results. The final results are listed below its surrogate ratio calculations derived from in the Final Results of Review section. the Agros financial statement. On October 24, 2002, the Department EFFECTIVE DATE: Comment 3: The Department should revise published a notice of initiation of December 22, 2003. its surrogate value for domestic brokerage administrative review of the FOR FURTHER INFORMATION CONTACT: and handling. antidumping duty order on rebar from James Kemp or Daniel O’Brien, at (202) Korea (67 FR 65336). The preliminary 482–5346 or (202) 482–1376, [FR Doc. 03–31482 Filed 12–19–03; 8:45 am] results were published on October 7, respectively; AD/CVD Enforcement, BILLING CODE 3510–DS–P 2003. See Steel Concrete Reinforcing Office 5, Group II, Import Bars from the Republic of Korea: Notice Administration, International Trade DEPARTMENT OF COMMERCE of Preliminary Results of Antidumping Administration, U.S. Department of Duty Administrative Review, 68 FR Commerce, 14th Street & Constitution International Trade Administration 57883 (October 7, 2003). The final Avenue, NW, Washington, DC 20230. results are currently due no later than SUPPLEMENTARY INFORMATION: [A-580–844] February 4, 2004. Background Steel Concrete Reinforcing Bars From Extension of Time Limit for Final Results of Review On August 15, 2003, the Department the Republic of Korea: Notice of published in the Federal Register the Postponement of Final Results of The Department has determined that preliminary results of the first Antidumping Duty Administrative it is not practicable to complete the final administrative review of the Review results of this review within the original antidumping duty order on rebar from time limit. See Decision Memorandum AGENCY: Latvia. See Notice of Preliminary AGENCY: Import from Tom Futtner, Acting Director, Administration, International Trade Results of Antidumping Duty Office IV, to Holly A. Kuga, Acting Administrative Review: Steel Concrete Administration, Department of Deputy Assistant Secretary, Commerce. Reinforcing Bars from Latvia, 68 FR ‘‘Postponement of Final Results and 48880 (August 15, 2003) (Preliminary ACTION: ACTION:Notice of Extension of Provisional Measures,’’ Results). Postponement of Final Results of dated concurrently with this notice, We invited parties to comment on the Administrative Review. which is on file in the Central Records Preliminary Results. On September 15, Unit, Room B-099 of the main 2003, we received case briefs from the EFFECTIVE DATE: December 22, 2003. Commerce building. Therefore, the sole respondent, Joint Stock Company FOR FURTHER INFORMATION CONTACT: Department is extending the time limit Liepajas Metalurgs (Liepajas Metalurgs), Richard Johns at (202) 482–2305 or for completion of the final results until and the petitioner, the Rebar Trade Mark Manning at (202) 482–5253, AD/ no later than April 4, 2004. Action Coalition. Both parties submitted CVD Enforcement, Office IV, Group II, This notice is issued and published rebuttal briefs on September 22, 2003. A Import Administration, International pursuant to section 751(a)(3)(A) of the public hearing was not held, as none Trade Administration, U.S. Department Act. was requested. of Commerce, 14th Street and Dated: December 15, 2003. Constitution Ave, NW, Washington, DC Scope of the Order Holly A. Kuga, 20230. Acting Deputy Assistant Secretary for Import For purposes of this order, the SUMMARY: The Department of Commerce Administration, Group II. product covered is all steel concrete (the Department) is postponing the final [FR Doc. 03–31477 Filed 12–19–03; 8:45 am] reinforcing bars sold in straight lengths, results of the administrative review of currently classifiable in the Harmonized BILLING CODE 3510–DS–S Steel Concrete Reinforcing Bar (rebar) Tariff Schedule of the United States from the Republic of Korea (Korea). This (HTSUS) under item number 7214.20.00 review covers the period from January DEPARTMENT OF COMMERCE or any other tariff item number. 30, 2001 through August 31, 2002. Specifically excluded are plain rounds SUPPLEMENTARY INFORMATION: International Trade Administration (i.e., non-deformed or smooth bars) and rebar that has been further processed Statutory Time Limits [A-449–804] through bending or coating. HTSUS Section 751(a)(3)(A) of the Tariff Act Notice of Final Results of Antidumping subheadings are provided for of 1930, as amended (the Act), requires Duty Administrative Review: Steel convenience and customs purposes. The the Department to make a preliminary Concrete Reinforcing Bars from Latvia written description of the scope of this determination within 245 days after the proceeding is dispositive. last day of the anniversary month of an AGENCY: Import Administration, order/finding for which a review is International Trade Administration, Analysis of Comments Received requested, and a final determination Department of Commerce. The issues raised in the case briefs by within 120 days after the date on which SUMMARY: On August 15, 2003, the parties to this administrative review are the preliminary determination is Department of Commerce (the addressed in the Issues and Decision published. However, if it is not Department) published the preliminary Memorandum to James J. Jochum, practicable to complete the review results of its first administrative review Assistant Secretary for Import within these time periods, section of the antidumping duty order on steel Administration, from Holly A. Kuga, 751(a)(3)(A) of the Act allows the concrete reinforcing bars (rebar) from Acting Deputy Assistant Secretary Department to extend the time limit for Latvia. The review covers one producer (Decision Memorandum), which is the preliminary determination to a of the subject merchandise. The period hereby adopted by this notice. A list of maximum of 365 days and for the final of review (POR) is January 30, 2001, the issues addressed in the Decision determination to 180 days from the date through August 31, 2002. Based on our Memorandum is appended to this of publication of the preliminary analysis of comments received, these notice. The Decision Memorandum is on determination. final results differ from the preliminary file in Room B-099 of the main

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Commerce building, and can also be the final dumping margin in this home market, instead of using accessed directly on the Web at proceeding. The adjustment is discussed constructed value. www.ia.ita.doc.gov. The paper copy and in detail in the Decision Memorandum. Final Results of Review electronic version of the Decision For the final results, we have continued Memorandum are identical in content. to use non-adverse facts available in lieu As a result of our review, we Changes Since the Preliminary Results of certain missing information. determine that the following weighted- Specifically, we have now matched the Based on our analysis of comments average margin exists for the period of U.S. sales without identical matches to received, we have made one adjustment January 30, 2001, through August 31, sales of similar merchandise in the to the methodology used in calculating 2002:

Producer Weighted-Average Margin (Percentage)

Joint Stock Company Liepajas Metalurgs ...... 0.87

Assessment these final results of review or in the Comment 2: Ministerial Error most recent final results in which that The Department will determine, and [FR Doc. E3–00605 Filed 12–19–03; 8:45 am] producer participated; and (4) if neither U.S. Customs and Border Protection BILLING CODE 3510–DS–S the exporter nor the producer is a firm (CBP) shall assess, antidumping duties covered in this review or in any on all appropriate entries, pursuant to previous segment of this proceeding, the DEPARTMENT OF COMMERCE 19 CFR 351.212(b). The Department cash deposit rate will be 17.21 percent, calculated importer-specific duty the ‘‘All Others’’ rate established in the International Trade Administration assessment rates on the basis of the ratio less-than-fair-value investigation. These of the total amount of antidumping [A–427–825] deposit requirements shall remain in duties calculated for the examined sales effect until publication of the final Notice of Preliminary Determination of to the total entered value of the results of the next administrative Sales at Less Than Fair Value: Wax examined sales for that importer. Since review. and Wax/Resin Thermal Transfer the delivery terms for all of Liepajas Ribbons From France Metalurgs’ U.S. sales were FOB Latvian This notice also serves as a final reminder to importers of their seaport, we calculated entered value AGENCY: Import Administration, using the gross unit price reported in responsibility under 19 CFR 351.402 (f) International Trade Administration, the U.S. sales database. Where the to file a certificate regarding the Department of Commerce. reimbursement of antidumping duties assessment rate is above de minimis, we EFFECTIVE DATE: December 22, 2003. will instruct CBP to assess duties on all prior to liquidation of the relevant entries during this review period. FOR FURTHER INFORMATION CONTACT: entries of subject merchandise by that Sebastian Wright at (202) 482–5254, or importer. The Department will issue Failure to comply with this requirement could result in the Secretary’s Mark Hoadley at (202) 482–3148; Office appropriate assessment instructions of AD/CVD Enforcement 7, Group III, directly to CBP within 15 days of presumption that reimbursement of antidumping duties occurred, and in the Import Administration, International publication of these final results of Trade Administration, U.S. Department review. subsequent assessment of double antidumping duties. of Commerce, 14th Street and Cash Deposits This notice also is the only reminder Constitution Avenue, NW., Washington, DC 20230. to parties subject to administrative Furthermore, the following deposit SUPPLEMENTARY INFORMATION: requirements will be effective upon protective order (APO) of their publication of the final results of this responsibility concerning the return or Preliminary Determination destruction of proprietary information administrative review for all shipments We preliminarily determine that wax disclosed under APO in accordance of rebar from Latvia entered, or and wax/resin thermal transfer ribbons with 19 CFR 351.305. Timely written withdrawn from warehouse, for (TTR) from France are being sold, or are notification of the return/destruction of consumption on or after the publication likely to be sold, in the United States at APO materials or conversion to judicial date of these final results, as provided less than fair value (LTFV), as provided protective order is hereby requested. by section 751(a) of the Tariff Act of in section 733 of the Tariff Act of 1930, Failure to comply with the regulations 1930, as amended (the Act): (1) for as amended (the Act). Because the sole and the terms of an APO is a companies covered by this review, the respondent involved in this sanctionable violation. cash deposit rate will be the rate listed investigation, Armor, S.A. (Armor), above; (2) for merchandise exported by We are issuing and publishing these withdrew its participation in the producers or exporters not covered in results and notice in accordance with investigation, the preliminary margin this review but covered in a previous sections 751(a)(1) and 777(i)(1) of the assigned to Armor is based on adverse segment of this proceeding, the cash Act. facts available (AFA). The estimated deposit rate will continue to be the Dated: December 15, 2003. margin of sales at LTFV is shown in the company-specific rate published in the James J. Jochum, Suspension of Liquidation section of most recent final results in which that Assistant Secretary for Import this notice. producer or exporter participated; (3) if Administration. Interested parties are invited to the exporter is not a firm covered in this comment on this preliminary review or in any previous segment of APPENDIX determination. Unless extended, we will this proceeding, but the producer is, the Comment 1: The Use of Adverse Facts make our final determination not later cash deposit rate will be that established Available or an Alternative Neutral than 75 days after the date of this for the producer of the merchandise in Facts Available in the Final Results preliminary determination.

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Case History investigation. On September 2, 2003, the September 4 meeting for illustrative This investigation was initiated on petitioner submitted a ‘‘test’’ description purposes. On September 10, 2003, June 19, 2003.1 See Notice of to the Department, for the purpose of petitioner submitted comments on these Initiation of Antidumping Duty determining whether a product should cost reporting issues. On September 12, Investigation: Thermal Transfer Ribbons be classified as a wax, resin enhanced 2003, the Department issued its From France, Japan and the Republic of wax, or wax/resin ribbon. On September positions on Armor’s cost reporting Korea, 68 FR 38305 (June 27, 2003) 9, 2003, Armor submitted comments on issues. See Letter to Armor, S.A. from (Initiation Notice). Since the initiation petitioner’s September 2 test proposal. Sally Gannon, Program Manager, Office of the investigation, the following On September 11, 2003, the Department of AD/CVD Enforcement 7; Regarding events have occurred. issued a clarification to the scope of this Antidumping Duty Investigation of On July 14, 2003, the United States investigation. See Memorandum from Certain Wax and Wax/Resin Thermal International Trade Commission (ITC) Edward C. Yang, Director, Office of AD/ Transfer Ribbons from France; preliminarily determined that ‘‘there is CVD Enforcement 9, to Joseph A. Clarification of Cost Reporting. The a reasonable indication that an industry Spetrini, Deputy Assistant Secretary; Department received a response to in the United States is materially Antidumping Investigation on Certain sections D and E on October 2, 2003. On injured by reason of imports from Wax and Wax/Resin Thermal Transfer October 20, 2003, petitioner submitted France, Japan, and Korea of certain wax Ribbon from France, Japan and Korea: comments on the section D and E and wax/resin thermal transfer Scope Clarification. The Department responses. ribbons.’’ See Certain Wax and Wax/ removed the word ‘‘pure’’ from the On October 22, 2003, the Department Resin Thermal Transfer Ribbons From section discussing the exclusion of resin issued a supplemental questionnaire to France, Japan, and Korea, 68 FR 42759 TTR in the scope language. Armor pertaining to its section A (July 18, 2003). On November 4, 2003, petitioner through C responses. In the On July 14, 2003, counsel for Armor submitted a letter to the Department questionnaire, we also asked Armor to met with the Department to discuss correcting a typographical error in the consider rebracketing significant product characteristics. On July 17, color specification of the scope, as portions of all sections of its 2003, Armor submitted comments written in the petition and initiation questionnaire response, reducing the regarding product characteristics and notice. Petitioner stated that amount of information it claimed to be the Department’s upcoming tour of ‘‘¥20>a*<35’’ should read, business proprietary. On October 27, petitioner’s TTR production facilities in ‘‘¥20

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dumping margins for each known The tariff classifications are provided A. Use of Facts Available exporter and producer of the subject for convenience and Customs and Section 776(a)(2) of the Act provides merchandise. Where it is not practicable Border Protection (CBP) purposes; that, if an interested party withholds to examine all known producers/ however, the written description of the information requested by the exporters of subject merchandise, scope of the investigation is dispositive. Department, fails to provide such On October 28, 2003 and November section 777A(c)(2) of the Act permits the information by the deadline or in the 21, 2003, petitioner submitted Department to investigate either: (1) A form or manner requested, significantly documents it claims suggest the sample of exporters, producers, or types impedes a proceeding, or provides respondents in the TTR investigations of products that is statistically valid, information which cannot be verified, are attempting to circumvent a potential based on the information available at the Department shall use facts otherwise TTR antidumping order by slitting the time of selection; or (2) exporters available in reaching the applicable and producers accounting for the largest subject merchandise jumbo rolls in a determination. As stated above, Armor volume of the subject merchandise that third country. Petitioner contends that has informed the Department that it will can reasonably be examined. the country of origin of slit TTR should During the period of investigation be determined by the country of origin no longer participate in this (POI), only Armor was identified as a of the jumbo TTR roll from which it was investigation and has requested that all producer/exporter of subject slit, regardless of where the slitting of its responses be returned or merchandise from France. Therefore, we occurred. Petitioner argues that slitting destroyed. Therefore, the Department selected Armor as the sole respondent subject merchandise jumbo TTR rolls has no choice but to rely on the facts in the investigation of TTR from France. does not involve a substantial otherwise available in order to transformation, and therefore, does not determine a margin for this party. Thus, Period of Investigation change the country of origin of slit TTR in reaching our preliminary The POI is April 1, 2002, through rolls. determination, pursuant to section March 31, 2003. This period On November 26, 2003, Armor 776(a)(2) of the Act, we have based corresponds to the four most recent submitted comments regarding Armor’s margin rate on the facts fiscal quarters prior to the month of petitioner’s allegation. Armor argues available. filing of the petition (i.e., June 2003) that the further manufacturing process B. Application of Adverse Inferences for involving imports from a market does in fact substantially transform the Facts Available economy, and is in accordance with our jumbo TTR rolls, and, thus, does change regulations. See 19 CFR 351.204(b)(1). the country of origin of the In applying facts otherwise available, section 776(b) of the Act provides that Scope of Investigation merchandise. On December 5, 2003, petitioner submitted a response to the Department may use an inference This investigation covers wax and Armor’s November 26 submission. On adverse to the interests of a party that wax/resin thermal transfer ribbons December 12, 2003, Armor submitted has failed to cooperate by not acting to (TTR), in slit or unslit (‘‘jumbo’’) form additional comments regarding this the best of its ability to comply with the originating from France with a total wax issue. Department’s requests for information. (natural or synthetic) content of all the We have reviewed petitioner’s and See, e.g., Notice of Final Determination image side layers, that transfer in whole Armor’s comments. However, since a of Sales at Less Than Fair Value and or in part, of equal to or greater than 20 determination of whether or not slitting Final Negative Critical Circumstances: percent by weight and a wax content of jumbo TTR rolls constitutes substantial Carbon and Certain Alloy Steel Wire the colorant layer of equal to or greater transformation and changes the country Rod from Brazil, 67 FR 55792, 55794– than 10 percent by weight, and a black of origin of the merchandise may affect 96 (August 30, 2002). Adverse color as defined by industry standards the scope of this investigation and inferences are appropriate ‘‘to ensure by the CIELAB (International future proceedings, it is necessary to that the party does not obtain a more Commission on Illumination) color provide interested parties the favorable result by failing to cooperate specification such that L*<35, opportunity to comment on this issue. than if it had cooperated fully.’’ See ¥20

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otherwise available, an adverse constructed export price (CEP) and relating to two grades of TTR sold in the inference is warranted. See, e.g., Notice normal value (NV) calculations on French market. This sales information is of Final Determination of Sales at Less which the highest margin in the petition contemporaneous with the sales than Fair Value: Circular Seamless was based.3 information used as the basis for CEP Stainless Steel Hollow Products from and represents sales of products that are 1. Corroboration of Constructed Export Japan, 65 FR 42985, 42986 (July 12, Price either identical or similar to those 2000) (the Department applied total products for which petitioner obtained AFA where respondent failed to To calculate constructed export price U.S. sales information. respond to the antidumping (CEP) petitioner obtained pricing As detailed in the Initiation Checklist, questionnaires). information for sales by Armor of the petition contained documentation certain wax and wax/resin products supporting the figures used in this NV C. Selection and Corroboration of sold in the United States, comparable to Information Used as Facts Available calculation, which was analyzed by the products sold in the home market. Department and revised by petitioner Where the Department applies AFA Petitioner made certain adjustments to through answers to supplemental because a respondent failed to cooperate this selling price for specific expenses questions issued by the Department. by not acting to the best of its ability to that would be incurred by foreign comply with a request for information, producers of the subject merchandise All Others Rate section 776(b) of the Act authorizes the for sales made in the United States. Section 735(c)(5)(B) of the Act Department to rely on information Because petitioner was unable to obtain provides that, where the estimated derived from the petition, a final actual data for selling expenses incurred weighted-averaged dumping margins determination, a previous by respondents in the United States, established for all exporters and administrative review, or other petitioner obtained price quotes as a producers individually investigated are information placed on the record. See basis for its estimates of certain zero or de minimis or are determined also 19 CFR 351.308(c); SAA at 829– expenses, and also based its estimates of entirely under section 776 of the Act, 831. In this case, because we are unable such expenses on actual figures the Department may use any reasonable to calculate margins for the respondent incurred in the course of its own selling method to establish the estimated all- in this investigation, we are assigning to activities. Petitioner claimed this others rate for exporters and producers Armor the highest margin from the approach is a reasonable and not individually investigated. This proceeding, which is the highest margin appropriate way to calculate CEP provision contemplates that we weight- alleged for France in the petition, 60.60 because the selling process for TTR is average margins other than zero, de percent. See Initiation Notice, 68 FR at uniform within the United States, and minimis, and facts available margins to 38307. the selling activities performed by establish that ‘‘All Others’’ rate. Where When using facts otherwise available, respondent’s U.S. affiliates for their U.S. the data do not permit weight-averaging section 776(c) of the Act provides that, customers are largely the same as those such rates, the SAA provides that we when the Department relies on performed by petitioner for its U.S. use other reasonable methods. See SAA secondary information (such as the customers. Where known differences at 873. The petition contained only petition) in using facts otherwise between petitioner’s and respondent’s information relating to U.S. sales by available, it must, to the extent operations exist, petitioner adjusted Armor, compared against home market practicable, corroborate that information selling expenses accordingly to account sales prices and cost. Since Armor is the from independent sources that are for such differences. only known French producer/exporter reasonably at its disposal. The SAA With respect to selling expenses of subject merchandise, it is reasonable clarifies that ‘‘corroborate’’ means that incurred in France, petitioner indicated to use the sales by Armor used in the the Department will satisfy itself that there is no basis to believe that such petition. Accordingly, we have applied the secondary information to be used expenses would differ for TTR destined a margin of 44.93 percent, a simple has probative value. See SAA at 870. for the United States versus average of the two margins based on The Department’s regulations state that merchandise sold in the home market. price and the one margin based on independent sources used to corroborate Therefore, according to petitioner, it is constructed value contained in the such evidence may include, for reasonable to consider such expenses to petition, as the ‘‘All Others’’ rate. example, published price lists, official be equal for sales to the United States import statistics and customs data, and and in the home market. Suspension of Liquidation information obtained from interested As detailed in the Initiation Checklist, In accordance with section 733(d)(2) parties during the particular the petition contained documentation of the Act, we are directing CBP to investigation. See 19 CFR 351.308(d); supporting the figures used in this CEP suspend liquidation of all entries of TTR see also SAA at 870. calculation, which was analyzed by the from France that are entered, or To assess the reliability of the petition Department and revised by petitioner withdrawn from warehouse, for margin for the purposes of this through answers to supplemental consumption on or after the date of investigation, to the extent appropriate questions issued by the Department. publication of this notice in the Federal information was available, we reviewed 2. Corroboration of Normal Value Register. We are also instructing CBP to the adequacy and accuracy of the require a cash deposit or the posting of information in the petition during our With respect to normal value (NV), a bond equal to the dumping margins as pre-initiation analysis. See petitioner relied on foreign market indicated in the chart below. These Antidumping Investigations Initiation research to obtain price estimates for instructions suspending liquidation will Checklist; Wax and Wax/Resin Thermal TTR sold in the home market. Petitioner remain in effect until further notice. Transfer Ribbon From France, Japan, obtained foreign market research The dumping margins are as follows: and South Korea, pages 5 through 7 (June 25, 2003) (Initiation Checklist). In 3 The petition contains three margins. Two are comparisons of CEP to NV based on home market Producer/exporter Margin accordance with section 776(c) of the sales, and the third is based on a comparison of CEP (percentage) Act, to the extent practicable, we to constructed value. The highest margin is one of examined the key elements of the the two that bases NV on home market sales. Armor, S.A ...... 60.60

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Margin hearing, oral presentations will be In addition, we preliminarily Producer/exporter (percentage) limited to issues raised in the briefs. See determine that there is a reasonable 19 CFR 351.310(c). Unless extended, the basis to believe or suspect that critical All Others ...... 44.93 Department will make its final circumstances exist with respect to determination no later than 75 days imports of subject merchandise from UC International Trade Commission after the date of this preliminary and DNP, but not from all other Notification determination. However, as this date Japanese manufacturers/exporters. In accordance with section 733(f) of falls on a weekend, the due date will fall Interested parties are invited to the Act, we have notified the ITC of the on the next business day, March 1, comment on this preliminary Department’s preliminary affirmative 2004. determination. We will make our final determination. If the final determination This determination is issued and determination not later than 75 days in this proceeding is affirmative, the ITC published in accordance with sections after the date of this preliminary will determine before the later of 120 733(f) and 777(i)(1) of the Act. determination. days after the date of this preliminary Dated: December 16, 2003. Case History determination or 45 days after the final James J. Jochum, determination whether imports of TTR This investigation was initiated on Assistant Secretary for Import June 19, 2003.1 See Notice of from France are materially injuring, or Administration. threatening material injury to, the U.S. Initiation of Antidumping Duty industry. [FR Doc. 03–31478 Filed 12–19–03; 8:45 am] Investigation: Thermal Transfer Ribbons BILLING CODE 3510–DS–P From France, Japan and the Republic of Public Comment Korea, 68 FR 38305 (June 27, 2003) Interested parties are invited to (Initiation Notice). Since the initiation comment on the preliminary DEPARTMENT OF COMMERCE of the investigation, the following events have occurred. determination. Interested parties may International Trade Administration submit case briefs within 50 days of the On July 14, 2003, the United States International Trade Commission (ITC) date of publication of this notice. See 19 [A–588–863] CFR 351.309(c)(1)(i). Rebuttal briefs, the preliminarily determined that there is a content of which is limited to the issues Notice of Preliminary Determination of reasonable indication that an industry raised in the case briefs, must be filed Sales at Less Than Fair Value and in the United States is materially within five days after the deadline for Affirmative Preliminary Determination injured by reason of imports from the submission of case briefs. See 19 of Critical Circumstances: Wax and France, Japan, and Korea of certain wax CFR 351.309(d). A list of authorities Wax/Resin Thermal Transfer Ribbons and wax/resin thermal transfer ribbons. used, a table of contents, and an From Japan See Certain Wax and Wax/Resin executive summary of issues should Thermal Transfer Ribbons From France, accompany any briefs submitted to the AGENCY: Import Administration, Japan, and Korea, 68 FR 42759 (July 18, Department. Executive summaries International Trade Administration, 2003) (ITC Prelim). should be limited to five pages total, Department of Commerce. On July 14, 2003, counsel for Armor including footnotes. Further, we request ACTION: Notice of preliminary S.A. (Armor), respondent in the that parties submitting briefs and determination of sales at less than fair antidumping duty investigation of TTR rebuttal briefs provide the Department value. from France, met with the Department with a copy of the public version of to discuss product characteristics. On such briefs on diskette. EFFECTIVE DATE: December 22, 2003. July 17, 2003, Armor submitted In accordance with section 774 of the FOR FURTHER INFORMATION CONTACT: comments regarding product Act, we will hold a public hearing, if Cheryl Werner at (202) 482–2667, or characteristics and the Department’s requested, to afford interested parties an Paul Walker at (202) 482–0413; Office of upcoming tour of the Petitioner’s TTR opportunity to comment on arguments AD/CVD Enforcement IX, Group III, production facilities in New York. On raised in case or rebuttal briefs. If a Import Administration, International July 21, 2003, the Department toured request for a hearing is made, we will Trade Administration, U.S. Department these facilities and met with the tentatively hold the hearing two days of Commerce, 14th Street and Petitioner to discuss product after the deadline for submission of Constitution Avenue, NW., Washington, characteristics. rebuttal briefs at the U.S. Department of On August 4, 2003, August 6, 2003 DC 20230. Commerce, 14th Street and Constitution and August 18, 2003, the Petitioner Avenue, NW., Washington, DC 20230, at SUPPLEMENTARY INFORMATION: submitted comments regarding the a time and in a room to be determined. Preliminary Determination model match criteria. On August 5, 2003 Parties should confirm by telephone the and August 6, 2003, Armor submitted date, time, and location of the hearing We preliminarily determine that wax comments regarding the model match 48 hours before the scheduled date. and wax/resin thermal transfer ribbons criteria. Additional model match Interested parties who wish to request (TTR) from Japan are being sold, or are comments were submitted by other a hearing, or to participate in a hearing likely to be sold, in the United States at interested parties on this record, as if one is requested, must submit a less than fair value (LTFV), as provided follows: Illinois Tool Works Inc. and written request to the Assistant in section 733 of the Tariff Act of 1930, ITW Specialty Films Co., Ltd. Secretary for Import Administration, as amended (the Act). The preliminary (collectively, ITW), respondents in the U.S. Department of Commerce, Room margins assigned to Union Chemicar antidumping duty investigation of TTR 1870, within 30 days of the date of Company Limited (UC) and Dai Nippon from the Republic of Korea, on July 21, publication of this notice. Requests Printing Company Limited (DNP) are 2003, and August 4, 2003; DNP, on should contain: (1) The party’s name, based on adverse facts available (AFA). August 5, 2003; and Brother address, and telephone number; (2) the The estimated margin of sales at LTFV number of participants; and (3) a list of is shown in the ‘‘Suspension of 1 The Petitioner in this investigation is the issues to be discussed. At the Liquidation’’ section of this notice. International Imaging Materials, Inc. (IIMAK).

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International Corporation, on August 5, October 7, 2003, the Department questionnaire. On October 17, 2003, the 2003. On August 8, 2003, the extended the deadline for certain Petitioner submitted comments on Department issued its model match questions in the first supplemental DNP’s response to section E of the criteria via sections B and C of the section A questionnaire to October 8, questionnaire. questionnaire (refer to below). On 2003, and the remaining questions to On October 21, 2003, the Department August 28, 2003, the Department October 10, 2003, at DNP’s request. On issued its supplemental B questionnaire clarified its model match criteria. On October 8, 2003 and October 10, 2003, to DNP based on DNP’s October 8, 2003 September 4, 2003, the Petitioner the Department received responses to third country sales response. On submitted additional comments the first supplemental section A October 23, 2003, the Department issued regarding model match criteria. On questionnaire. On October 14, 2003, the its supplemental C questionnaire to October 9, 2003, the Department met Department requested DNP to respond DNP. On November 3, 2003, the with the Petitioner’s counsel to discuss to 28 questions from the first Department issued its supplemental E its model match comments. supplemental section A questionnaire it questionnaire to DNP. On July 28, 2003 and July 30, 2003, had failed to answer in full in its On September 26, 2003, the the Petitioner submitted comments October 8, 2003 and October 10, 2003 Department requested a Section B regarding the scope of the investigation. responses. On October 17, 2003, the response based on DNP’s Japanese home On August 7, 2003, General Company Department received a response to the market sales of merchandise under Limited, an interested party, submitted 28 questions from the first supplemental investigation. On October 6, 2003, the comments regarding the scope of the section A questionnaire. Department extended the deadline for investigation. On September 2, 2003, the On September 26, 2003, the filing market viability allegations, at the Petitioner submitted a ‘‘test’’ description Department issued its second Petitioner’s request. On October 10, to the Department, for the purpose of supplemental A questionnaire to DNP. 2003, DNP requested the Department determining whether a product should On October 3, 2003, the Department rescind its request for a Section B be classified as a wax, resin enhanced received a response to the second response based on DNP’s Japanese home wax, or wax/resin ribbon. On September supplemental A questionnaire. On market sales of merchandise under 9, 2003, Armor submitted comments on October 7, 2003, the Department also investigation. On October 14, 2003, the the Petitioner’s September 2 test requested that DNP provide a complete Department extended the deadline for proposal. On September 11, 2003, the response to its September 26, 2003, DNP’s Section B response based on its Department issued a clarification to the second supplemental A questionnaire. Japanese home market sales to October scope of this investigation. See On October 8, 2003, the Department 23, 2003, at DNP’s request. On October Memorandum from Edward C. Yang, received a response to its October 7, 20, 2003, the Petitioner submitted Office Director to Joseph A. Spetrini, 2003 request. comments on DNP’s home market Deputy Assistant Secretary; On October 10, 2003, the Department viability. On October 21, DNP submitted Antidumping Investigation on Certain issued its third supplemental A comments on home market viability and Wax and Wax/Resin Thermal Transfer questionnaire to DNP. On October 15, again requested the Department rescind Ribbon from France, Japan and Korea: 2003, the Department received a its request for a Section B response Scope Clarification. The Department response to the third supplemental A based on DNP’s Japanese home market removed the word ‘‘pure’’ from the questionnaire. sales of merchandise under section discussing the exclusion of resin On August 8, 2003, the Department investigation. On October 23, 2003, the TTR in the scope language. issued sections B through E of its Department again extended the deadline On November 4, 2003, the Petitioner questionnaire to UC and DNP. On for DNP’s Section B response based on submitted a letter to the Department August 14, 2003, the Department, its Japanese home market sales to correcting a typographical error in the pursuant to DNP’s request, extended its November 3, 2003, again at DNP’s color specification of the scope, as deadline for responding to sections B request. written in the petition and initiation through E of the questionnaire, to On September 12, 2003, the notice: ‘‘¥20>a*<35’’ should read, September 22, 2003. On September 17, Department issued its positions on ‘‘¥20

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supplemental questionnaires issued by We received quantity and value 9612.10.90.30, 3204.90, 3506.99, the Department on October 21 and 23, information from all seven 2 known 3919.90, 3920.62, 3920.99 and 3926.90. 2003, and withdrew from the producers of the subject merchandise The tariff classifications are provided investigation. DNP requested that all from Japan. UC and DNP were the for convenience and Customs and business proprietary copies of its producers accounting for the largest Border Protection (CBP) purposes; questionnaire responses be returned or volume of exports to the United States however, the written description of the destroyed. On November 17, 2003, the during the period of investigation (POI). scope of the investigation is dispositive. Department notified DNP that it had Therefore, on July 31, 2003, we selected On October 28, 2003, November 21, destroyed all business proprietary UC and DNP as the Respondents in the 2003, and December 5, 2003, the copies of its questionnaire responses. investigation of wax and wax/resin TTR Petitioner submitted documents it On November 17, 2003, the Department from Japan. See Memorandum from claims suggest the respondents in the also requested all parties subject to the Edward C. Yang, Office Director to TTR investigations are attempting to administrative protective order (‘‘APO’’) Richard O. Weible, Acting Deputy circumvent a potential TTR of this proceeding certify to the return Assistant Secretary; Antidumping antidumping order by slitting subject or destruction of DNP’s business Investigation on Thermal Transfer merchandise jumbo rolls in a third proprietary information released under Ribbon from Japan: Selection of country. The Petitioner contends that the Department’s June 4, 2003, Respondents. the country of origin of slit TTR should administrative protective order. On Period of Investigation be determined by the country of origin November 18, 19, and 20, the of the jumbo TTR roll from which it was Department received such certifications The POI is April 1, 2002, through slit, regardless of where the slitting from all parties subject to the March 31, 2003. This period occurred. The Petitioner argues that corresponds to the four most recent Department’s June 4, 2003, slitting subject merchandise jumbo TTR fiscal quarters prior to the month of administrative protective order. rolls does not involve a substantial filing of the petition (i.e., June 2003) On October 3, 2003, the Petitioner transformation, and therefore, does not involving imports from a market made a timely request for a forty-day change the country of origin of slit TTR economy, and is in accordance with our extension of the preliminary rolls. determination pursuant to section regulations. See 19 CFR 351.204(b)(1). On November 26, 2003, and December 733(c)(1)(A) of the Act. On October 21, Scope of Investigation 12, 2003, Armor submitted comments 2003 we postponed the preliminary regarding the Petitioner’s allegation. determination until no later than This investigation covers wax and Armor argues that the further December 16, 2003. See Wax and Wax/ wax/resin thermal transfer ribbons manufacturing process does in fact Resin Thermal Transfer Ribbons from (TTR), in slit or unslit (‘‘jumbo’’) form substantially transform the jumbo TTR France, Japan, and the Republic of originating from Japan with a total wax Korea; Notice of Postponement of (natural or synthetic) content of all the rolls, and, thus, does change the country Preliminary Determinations in image side layers, that transfer in whole of origin of the merchandise. Antidumping Duty Investigations, 68 FR or in part, of equal to or greater than 20 We have reviewed the Petitioner’s and 60085 (October 21, 2003). percent by weight and a wax content of Armor’s comments. However, as a On November 26, 2003, the Petitioner the colorant layer of equal to or greater determination of whether slitting jumbo filed a formal critical circumstances than 10 percent by weight, and a black TTR rolls constitutes a substantial allegation in accordance with 19 CFR color as defined by industry standards transformation and therefore changes 351.206(c)(2)(iii). On December 12, by the CIELAB (International the country of origin of the 2003, DNP filed company-specific Commission on Illumination) color merchandise, and as such a change may import data and comments in response specification such that L[ast]<35,– affect the scope of this investigation and to the Petitioner’s allegation of critical 20<=a[ast]<35 and–40

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A. Use of Facts Available inference is warranted. See, e.g., Notice accordance with section 776(c) of the Section 776(a)(2) of the Act provides of Final Determination of Sales at Less Act, to the extent practicable, we that, if an interested party withholds than Fair Value: Circular Seamless examined the key elements of the information requested by the Stainless Steel Hollow Products from constructed export price (CEP) and Department, fails to provide such Japan, 65 FR 42985, 42986 (July 12, normal value (NV) calculations on information by the deadline or in the 2000) (the Department applied total which the highest margin in the petition form or manner requested, significantly AFA where respondent failed to was based. respond to the antidumping impedes a proceeding, or provides 1. Corroboration of Constructed Export questionnaires). information which cannot be verified, Price the Department shall use facts otherwise C. Selection and Corroboration of To calculate constructed export price available in reaching the applicable Information Used as Facts Available (CEP) the Petitioner obtained pricing determination. As stated above, UC Where the Department applies AFA information for certain wax and wax/ informed the Department at the outset because a respondent failed to cooperate resin products sold to unaffiliated that it would not participate in this by not acting to the best of its ability to parties in the United States, and investigation. DNP has informed the comply with a request for information, comparable to the products sold in Department that it will no longer section 776(b) of the Act authorizes the Japan. The Petitioner made certain participate in this investigation and has Department to rely on information adjustments to this selling price for requested that all of its responses be derived from the petition, a final specific expenses that would be returned or destroyed. Since UC and determination, a previous incurred by foreign producers of the DNP withheld information requested by administrative review, or other subject merchandise for sales made in the Department, the Department has no information placed on the record. See the United States. Because the Petitioner choice but to rely on the facts otherwise also 19 CFR 351.308(c); SAA at 829– was unable to obtain actual data for available in order to determine a margin 831. In this case, because there is selling expenses incurred by for these parties, pursuant to section insufficient information on the record respondents in the United States, the 776(a)(2) of the Act. for the Department to calculate margins Petitioner obtained price quotes as a B. Application of Adverse Inferences for for the Respondents in this basis for its estimation of certain Facts Available investigation, we are relying on expenses, and, where appropriate, also information derived from the petition in based its estimates for such expenses on In applying facts otherwise available, applying AFA. We preliminarily assign actual figures incurred in the course of section 776(b) of the Act provides that to UC and DNP the highest margin from its own selling activities. The Petitioner the Department may use an inference the proceeding, which is the highest indicates this approach is a reasonable adverse to the interests of a party that margin alleged for Japan in the petition, and appropriate way to calculate CEP has failed to cooperate by not acting to 147.30 percent. See Initiation Notice, 68 because the selling process for TTR is the best of its ability to comply with the FR at 38308. uniform within the United States, and Department’s requests for information. When using facts otherwise available, the selling activities performed by See, e.g., Notice of Final Determination section 776(c) of the Act provides that, respondents’ U.S. affiliates for their U.S. of Sales at Less Than Fair Value and when the Department relies on customers are largely the same as those Final Negative Critical Circumstances: secondary information (such as the performed by the Petitioner for its Carbon and Certain Alloy Steel Wire petition) in using facts otherwise customers in the United States. Where Rod from Brazil, 67 FR 55792, 55794– available, it must, to the extent known differences between the 96 (August 30, 2002). Adverse practicable, corroborate that information Petitioner’s and respondents’ operations inferences are appropriate ‘‘to ensure from independent sources that are exist, the Petitioner adjusted selling that the party does not obtain a more reasonably at its disposal. The SAA expenses accordingly to account for favorable result by failing to cooperate clarifies that ‘‘corroborate’’ means that such differences. than if it had cooperated fully.’’ See the Department will satisfy itself that With respect to selling expenses Statement of Administrative Action the secondary information to be used incurred in Japan, the Petitioner accompanying the Uruguay Round has probative value. See SAA at 870. indicated there is no basis to believe Agreements Act, H.R. Rep. No. 103–316, The Department’s regulations state that that such expenses would differ for TTR at 870 (1994) (SAA). Furthermore, independent sources used to corroborate destined for the United States versus { } ‘‘ a ffirmative evidence of bad faith on such evidence may include, for merchandise sold in the home market. the part of a respondent is not required example, published price lists, official Therefore, according to the Petitioner, it before the Department may make an import statistics and customs data, and is reasonable to consider such expenses adverse inference.’’ See Antidumping information obtained from interested to be equal for sales to the United States Countervailing Duties: Final Rule, 62 FR parties during the particular and in the home market. 27296, 27340 (May 19, 1997). In this investigation. See 19 CFR § 351.308(d); As detailed in the Initiation Checklist, case, UC has failed to cooperate to the see also SAA at 870. the petition contained documentation best of its ability by not responding to To assess the reliability of the petition supporting the figures used in this CEP the Department’s antidumping margin for the purposes of this calculation, which was analyzed by the questionnaires. DNP has failed to investigation, to the extent appropriate Department and revised by the cooperate to the best of its ability by information was available, we reviewed Petitioner through answers to withdrawing its responses to the the adequacy and accuracy of the supplemental questions issued by the Department’s antidumping information in the petition during our Department. questionnaires and declining any pre-initiation analysis. See further participation in this Antidumping Investigations Initiation 2. Corroboration of Normal Value investigation. Therefore, the Department Checklist; Wax and Wax/Resin Thermal With respect to normal value (NV), has preliminarily determined that in Transfer Ribbon From France, Japan, the Petitioner relied on foreign market selecting from among the facts and South Korea, pages 7 through 9 research to obtain price estimates for otherwise available, an adverse (June 25, 2003) (Initiation Checklist). In TTR sold in the home market. The

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Petitioner obtained foreign market determinations not later than the date of (CEP) sales, and margins of 25 percent research relating to two grades of TTR the preliminary determination. or more for export price (EP) sales. See sold in the Japanese market. This sales Section 733(e)(1) of the Act provides Certain Cut-to-Length Carbon Steel Plate information is contemporaneous with that the Department will preliminarily From the People’s Republic of China the sales information used as the basis determine that critical circumstances (PRC Plate), 62 FR 31972, 31978 (June for CEP and represents sales of products exist if there is a reasonable basis to 11, 1997). In the instant case, the that are either identical or similar to believe or suspect that: (A)(i) There is a mandatory respondents, UC and DNP those products for which the Petitioner history of dumping and material injury did not respond to the Department’s obtained U.S. sales information. by reason of dumped imports in the questionnaire and we have applied, as As detailed in the Initiation Checklist, United States or elsewhere of the subject AFA, the highest of the dumping the petition contained documentation merchandise, or (ii) the person by margins presented in the petition and supporting the figures used in this NV whom, or for whose account, the corroborated by the Department. This is calculation, which was analyzed by the merchandise was imported knew or consistent with section 776 of the Act Department and revised by the should have known that the exporter and with Department practice. See Final Petitioner through answers to was selling the subject merchandise at Determination of Sales at Less Than supplemental questions issued by the less than its fair value and that there Fair Value: Vector Supercomputers Department. was likely to be material injury by From Japan (Vector Supercomputers), reason of such sales, and (B) there have 62 FR 45623 (August 28, 1997). UC and All Others Rate been massive imports of the subject DNP’s assigned dumping margins of Section 735(c)(5)(B) of the Act merchandise over a relatively short 147.30 percent are greater than 15 provides that, where the estimated period. Section 19 CFR 351.206(h)(1) of percent. Therefore, we have imputed the Department’s regulations provides weighted-averaged dumping margins knowledge of dumping to importers of that, in determining whether imports of established for all exporters and subject merchandise from these the subject merchandise have been producers individually investigated are companies. ‘‘massive,’’ the Department normally In determining whether there is a zero or de minimis or are determined will examine: (i) The volume and value reasonable basis to believe or suspect entirely under section 776 of the Act, of the imports; (ii) seasonal trends; and that an importer knew or should have the Department may use any reasonable (iii) the share of domestic consumption known that there was likely to be method to establish the estimated all- accounted for by the imports. In material injury by reason of dumped others rate for exporters and producers addition, section 19 CFR § 351.206(h)(2) imports, the Department normally will not individually investigated. This of the Department’s regulations provides look to the preliminary injury provision contemplates that we weight- that an increase in imports of 15 percent determination of the ITC. If the ITC average margins other than zero, de during the ‘‘relatively short period’’ of finds a reasonable indication of present minimis, and facts available margins to time may be considered ‘‘massive.’’ material injury to the relevant U.S. establish that ‘‘All Others’’ rate. Where Section 19 CFR § 351.206(i) of the industry, the Department will determine the data do not permit weight-averaging Department’s regulations defines that a reasonable basis exists to impute such rates, the SAA provides that we ‘‘relatively short period’’ as normally importer knowledge that there was use other reasonable methods. See SAA being the period beginning on the date likely to be material injury by reason of at 873. The petition contained only the proceeding begins (i.e., the date the dumped imports. In this case, the ITC information relating to U.S. sales by petition is filed) and ending at least has found that a reasonable indication DNP, compared against home market three months later. The regulations also of present material injury due to sales prices and cost. Since DNP is the provide, however, that if the dumping exists for all identified largest Japanese producer/exporter of Department finds that importers, or countries. See ITC Prelim. As a result, subject merchandise, it is reasonable to exporters or producers, had reason to the Department has determined that use a margin based on its U.S. sales as believe, at some time prior to the there is a reasonable basis to believe or the ‘‘All Others’’ rate. The estimated beginning of the proceeding, that a suspect that importers knew or should dumping margin for subject proceeding was likely, the Department have known that there was likely to be merchandise from Japan, based on may consider a period of not less than material injury by reason of dumped comparisons of CEP and NV, range three months from that earlier time. imports of subject merchandise from between 65.9 and 147.3 percent, in the Because we are not aware of any Japan. Initiation Notice. Accordingly, we antidumping order in any country on In determining whether there are calculated a simple average of these two TTR from Japan, we do not find that a ‘‘massive imports’’ over a ‘‘relatively dumping margins in the Initiation reasonable basis exists to believe or short period,’’ the Department normally Notice, and applied this margin of suspect that there is a history of compares the import volume of the 106.60 percent as the ‘‘All Others’’ rate. dumping and material injury by reason subject merchandise for three months Critical Circumstances of dumped imports in the United States immediately preceding and following or elsewhere of the subject merchandise. the filing of the petition. Imports On November 26, 2003, the Petitioner Therefore, we must look to the second normally will be considered massive alleged that there is a reasonable basis criterion for determining importer when imports have increased by 15 to believe or suspect critical knowledge of dumping. percent or more during this ‘‘relatively circumstances exist with respect to the In determining whether there is a short period.’’ antidumping investigation of TTR from reasonable basis to believe or suspect On December 12, 2003, DNP filed Japan. In accordance with 19 CFR that an importer knew or should have company-specific import data and § 351.206(c)(2)(i), because the Petitioner known that the exporter was selling the comments. However, these comments submitted critical circumstances TTR at less than fair value, the and information were submitted too late allegations exactly 20 days before the Department’s normal practice is to for consideration in this preliminary scheduled date of the preliminary consider margins of 15 percent or more determination. Because we do not have determination, the Department must sufficient to impute knowledge of verifiable data from the two issue preliminary critical circumstances dumping for constructed export price uncooperative Japanese companies, the

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Department must base its ‘‘massive criteria to the ‘‘all others’’ category for were massive imports for the ‘‘all imports’’ determination as to these the antidumping investigations of TTR others’’ category.4 companies on the facts available, from Japan. Based on our determination that 3 massive imports of TTR from the pursuant to section 776(a) of the Act. First, in determining whether there is producers included in the ‘‘all others’’ Because these companies failed to a reasonable basis to believe or suspect cooperate by not acting to the best of category did not occur and, that an importer knew or should have their ability to respond to the consequently, that the third criterion known that the exporter was selling the Department’s questionnaires, we may necessary for determining affirmative make an adverse inference in selecting TTR at less than fair value, we look to critical circumstances has not been met, the facts available. Therefore, consistent the ‘‘all others’’ rate, which is based, in we have preliminarily determined that with Department practice, we have the instant case, on facts available. The critical circumstances do not exist for adversely inferred, as facts available, dumping margin for the ‘‘all others’’ imports from Japan of TTR for that there were massive imports from category in the instant case, 106.60 companies in the ‘‘all others’’ category. percent, exceeds the 15 percent UC and DNP over a relatively short Suspension of Liquidation period. See Notice of Final threshold necessary to impute Determination of Sales at Less Than knowledge of dumping. Second, based For UC and DNP, as indicated above, Fair Value: Collated Roofing Nails from on the ITC’s preliminary material injury we have made a preliminary affirmative Taiwan (Collated Roofing Nails From determination, we also find that critical circumstances finding. Taiwan), 62 FR 51427 (October 1, 1997). importers knew or should have known Therefore, in accordance with section Based on our determination that there that there would be material injury from 733(d)(2) of the Act, we are directing is a reasonable basis to believe or the dumped merchandise. Customs to suspend liquidation of all entries of subject merchandise from UC suspect that importers knew or should Finally, with respect to massive have known that exporters UC and DNP or DNP that are entered, or withdrawn imports, we are unable to base our were selling TTR from Japan at less than from warehouse, for consumption on or determination on our findings for the fair value, that there was likely to be after 90 days prior to the date of material injury by reason of such mandatory respondents, because our publication of this notice in the Federal dumped imports, and that there have determinations for all of the Register. We are directing Customs to been massive imports of TTR from these respondents were based on facts suspend liquidation of all entries of producers over a relatively short period, available. We have not inferred, as facts subject merchandise from companies we preliminarily determine that critical available, that massive imports exist for other than UC or DNP that are entered, circumstances exist for imports from ‘‘all others’’ because, unlike UC and or withdrawn from warehouse, for Japan of wax and wax/resin TTR DNP, the ‘‘all others’’ companies have consumption on or after the date of produced by UC and DNP. not failed to cooperate in this publication of this notice in the Federal It is the Department’s normal practice investigation. Therefore, an adverse Register. We are also instructing to conduct its critical circumstances inference with respect to shipment Customs to require a cash deposit or the analysis of companies in the ‘‘all levels by the ‘‘all others’’ companies is posting of a bond equal to the dumping others’’ group based on the experience not appropriate. Instead, consistent with margin as indicated in the chart below. of investigated companies. See Notice of the approach taken in Notice of Final These instructions suspending Final Determination of Sales at Less Determination of Sales at Less Than liquidation will remain in effect until Than Fair Value: Certain Steel Concrete Fair Value: Hot-Rolled Flat-Rolled further notice. Reinforcing Bars from Turkey, 62 FR Carbon-Quality Steel Products from The dumping margins are as follows: 9737, 9741 (March 4, 1997) (Rebars from Japan (Hot-Rolled Steel from Japan), 64 Turkey) (the Department found that Margin FR 24239 (May 6, 1999) and Notice of Producer/exporter (percentage) critical circumstances existed for the Final Determinations of Sales at Less majority of the companies investigated, Than Fair Value: Certain Cold-Rolled Union Chemicar Company and therefore concluded that critical Flat-Rolled Carbon-Quality Steel Limited ...... 147.30 circumstances also existed for Dai Nippon Printing Com- Products From Argentina, Japan and companies covered by the ‘‘all others’’ pany Limited ...... 147.30 Thailand (Cold-Rolled Steel from Japan) rate). However, the Department does not All Others ...... 106.60 automatically extend an affirmative 65 FR 5220, 5227 (February 4, 2000), we critical circumstances determination to examined U.S. Customs data on overall International Trade Commission companies covered by the ‘‘all others’’ imports from Japan for the five months Notification preceding and the five months following rate. See Notice of Final Determination In accordance with section 733(f) of of Sales at Less Than Fair Value: the filing of the petition in order to see the Act, we have notified the ITC of the Stainless Steel Sheet and Strip in Coils if we could ascertain whether an Department’s preliminary affirmative from Japan, 64 FR 30574 (June 8, 1999) increase in shipments of greater than 15 (Stainless Steel from Japan). Instead, the percent or more occurred within a 4 See Preliminary Determinations of Critical Department considers the traditional relatively short period following the Circumstances: Certain Small Diameter Carbon and critical circumstances criteria with point at which importers had reason to Alloy Seamless Standard, Line and Pressure Pipe believe that a proceeding was likely. from Japan and South Africa, 65 FR 12509, 12511 respect to the companies covered by the (March 9, 2000) (where the Department determined ‘‘all others’’ rate. Consistent with However, information on the record that massive imports did not exist for imports from Stainless Steel from Japan, the indicates that these data cover companies in the ‘‘all others’’ category because it Department has, in this case, applied numerous HTS categories that include could not rely on the U.S. Customs data). See also Notice of Final Determinations of Sales at Less the traditional critical circumstances merchandise other than subject Than Fair Value: Certain Large Diameter Carbon merchandise. The U.S. Customs data and Alloy Seamless Standard, Line and Pressure 3 Because the two respondents did not respond to also is reported in multiple units of Pipe from Japan; and Certain Small Diameter the questionnaire, they are non-cooperating measure. Therefore, we cannot rely on Carbon and Alloy Seamless Standard, Line and respondents and accordingly we did not request Pressure Pipe from Japan and the Republic of South monthly shipment data from these companies. these data in determining whether there Africa 65 FR 25907, 25908 (May 4, 2000).

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determination. If the final determination Dated: December 16, 2003. that an industry in the United States is in this proceeding is affirmative, the ITC James J. Jochum, materially injured by reason of imports will determine before the later of 120 Assistant Secretary for Import from France, Japan, and Korea of certain days after the date of this preliminary Administration. wax and wax/resin thermal transfer determination or 45 days after the final [FR Doc. 03–31479 Filed 12–19–03; 8:45 am] ribbons.’’ See Certain Wax and Wax/ determination whether imports of TTR BILLING CODE 3510–DS–P Resin Thermal Transfer Ribbons From from Japan are materially injuring, or France, Japan, and Korea, 68 FR 42759 threaten material injury to, the U.S. (July 18, 2003). industry. DEPARTMENT OF COMMERCE On July 21, 2003, the Department toured the petitioner’s production Public Comments International Trade Administration facilities in New York, and met with Interested parties are invited to [A–580–853] petitioner to discuss product comment on the preliminary characteristics. See Memorandum to the determination. Interested parties may Notice of Preliminary Determination of File dated July 30, 2003, on file in room submit case briefs within 50 days of the Sales at Not Less Than Fair Value: Wax B–099 of the Department of Commerce date of publication of this notice. See 19 and Wax/Resin Thermal Transfer building. CFR 351.309(c)(1)(i). Rebuttal briefs, the Ribbons From the Republic of Korea On July 28, 2003, and July 30, 2003, content of which is limited to the issues petitioner submitted comments raised in the case briefs, must be filed AGENCY: Import Administration, regarding the scope of the investigation. within five days after the deadline for International Trade Administration, On August 7, 2003, General Company the submission of case briefs. See 19 Department of Commerce. Limited, an interested party, also CFR 351.309(d). A list of authorities ACTION: Notice of preliminary commented on the scope of the used, a table of contents, and an determination of sales at not less than investigation. On September 2, 2003, executive summary of issues should fair value. petitioner submitted a ‘‘test’’ description accompany any briefs submitted to the to the Department, for the purpose of Department. Executive summaries EFFECTIVE DATE: December 22, 2003. determining whether a product should should be limited to five pages total, FOR FURTHER INFORMATION CONTACT: Fred be classified as a wax, resin enhanced including footnotes. Further, we request Baker at (202) 482–2924, or Robert wax, or wax/resin ribbon. On September that parties submitting briefs and James at (202) 482–0649; AD/CVD 9, 2003, Armor submitted comments on rebuttal briefs provide the Department Enforcement, Group III, Import petitioner’s September 2, 2003 test with a copy of the public version of Administration, International Trade proposal. On September 11, 2003, the such briefs on diskette. Administration, U.S. Department of Department issued a clarification to the In accordance with section 774 of the Commerce, 14th Street and Constitution scope of this investigation. See Act, we will hold a public hearing, if Avenue, NW., Washington, DC 20230. Memorandum from Edward C. Yang, requested, to afford interested parties an SUPPLEMENTARY INFORMATION: Office Director to Joseph A. Spetrini, opportunity to comment on arguments Deputy Assistant Secretary; raised in case or rebuttal briefs. If a Preliminary Determination Antidumping Investigation on Certain request for a hearing is made, we will We preliminarily determine that wax Wax and Wax/Resin Thermal Transfer tentatively hold the hearing two days and wax/resin thermal transfer ribbons Ribbon from France, Japan and Korea: after the deadline for submission of (TTR) from the Republic of Korea Scope Clarification, on file in room B– rebuttal briefs at the U.S. Department of (Korea) are not being, nor are likely to 099 of the Department of Commerce Commerce, 14th Street and Constitution be, sold in the United States at less than building. The Department removed the Avenue, NW, Washington, DC 20230, at fair value (LTFV), as provided in section word ‘‘pure’’ from the section a time and in a room to be determined. 733 of the Tariff Act of 1930, as discussing the exclusion of resin TTR in Parties should confirm by telephone the amended (the Tariff Act). the scope language. date, time, and location of the hearing Interested parties are invited to On November 4, 2003, petitioner 48 hours before the scheduled date. comment on this preliminary submitted a letter to the Department Interested parties who wish to request determination. Unless extended, we will correcting a typographical error in the a hearing, or to participate in a hearing make our final determination not later color specification of the scope, as if one is requested, must submit a written in the petition and initiation than 75 days after the date of this ¥ written request to the Assistant preliminary determination. notice: ‘‘ 20>a*<35’’ should read, Secretary for Import Administration, ‘‘¥20

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2003 and August 6, 2003; Dai Nippon information.) We received all three of Selection of Respondents Printing Company, Ltd., on August 5, these responses on November 21, 2003. Section 777A(c)(1) of the Tariff Act On October 15, 2003 petitioner made 2003; and Brother International directs the Department to calculate a submission alleging that ITW had Corporation, on August 6, 2003. On individual dumping margins for each made sales in its home market below August 28, 2003, the Department issued known exporter and producer of the their cost of production, and requested a letter to interested parties in which it subject merchandise. Where it is not clarified its model match criteria. On that the Department initiate a below- practicable to examine all known October 9, 2003, the Department met cost investigation of ITW’s home market producers/exporters of subject with petitioner’s counsel to discuss its sales. On October 29, 2003 the merchandise, section 777A(c)(2) of the model match comments. See Department requested that petitioner Tariff Act permits the Department to Memorandum to the file dated October revise its cost allegation. See investigate either: (1) A sample of 10, 2003 on file in room B–099 of the Memorandum from Laurens van Houten exporters, producers, or types of Department of Commerce building. to the File dated October 29, 2003, on On August 1, 2003, the Department file in room B–099 of the Department of products that is statistically valid, based issued section A of its questionnaire to Commerce building. On November 5, on the information available at the time ITW. On August 8, 2003, the 2003 petitioner submitted a revised cost of selection; or (2) exporters and Department issued sections B, C and E allegation. The Department initiated a producers accounting for the largest of its questionnaire, including model below-cost sales investigation on volume of the subject merchandise that match criteria. On September 5, 2003, November 19, 2003. See Memorandum can reasonably be examined. ITW submitted its section A response. from Neal Halper to Richard Weible During the period of investigation On September 8, 2003, ITW submitted dated November 19, 2003 on file in (POI), only ITW was identified as a a supplemental section A response, room B–099 of the Department of producer/exporter of subject consisting of the section A response of Commerce building. On November 20, merchandise from Korea. Therefore, we an affiliated U.S. reseller (Reseller 1).2 2003 the Department requested that ITW selected ITW as the sole respondent in We received ITW’s sections B, C, and E respond to section D of the the investigation of TTR from Korea. responses on September 24, 2003. ITW Department’s August 8, 2003 Period of Investigation also submitted on September 24, 2003, questionnaire. The due date for ITW’s The POI is April 1, 2002, through a supplemental section C response section D response is now December 16, March 31, 2003. This period consisting of the section C response of 2003. corresponds to the four most recently Reseller 1. On September 30, 2003, we received On October 1, 2003 the Department comments from petitioner about ITW’s completed fiscal quarters as of the returned ITW’s section A response to and Reseller 1’s section A responses. On month prior to the month of filing of the ITW with a request that it rebracket November 7, 2003, we received petition (i.e., June 2003) involving numerous sections of the response comments from petitioner concerning imports from a market economy, and is because the Department determined that ITW’s and Reseller 1’s section C in accordance with our regulations. See numerous portions of its submission for responses, and ITW’s sections B and E 19 CFR 351.204(b)(1). which ITW had requested proprietary responses. On November 28, 2003, the Scope of Investigation treatment did not merit proprietary Department issued to ITW a This investigation covers wax and treatment. ITW submitted a rebracketed supplemental questionnaire concerning wax/resin thermal transfer ribbons section A response on October 8, 2003. its section E response. ITW’s response to (TTR), in slit or unslit (‘‘jumbo’’) form On November 12, 2003 the Department this supplemental questionnaire is due originating from Korea with a total wax returned ITW’s sections B, C, and E December 18, 2003. On December 1, (natural or synthetic) content of all the responses and its supplemental sections 2003, the Department issued to ITW a image side layers, that transfer in whole A and C responses (i.e., the responses of supplemental questionnaire about its or in part, of equal to or greater than 20 Reseller 1) with a request that it sections A, B, and C responses and percent by weight and a wax content of rebracket portions of those submissions Reseller 1’s sections A and C responses. the colorant layer of equal to or greater because the Department determined that ITW’s response to this supplemental than 10 percent by weight, and a black numerous portions for which ITW had questionnaire is due December 22, 2003. color as defined by industry standards requested proprietary treatment did not On December 8, 2003 petitioner by the CIELAB (International merit proprietary treatment. ITW submitted additional comments Commission on Illumination) color submitted rebracketed versions on concerning the proper calculation of specification such that L*<35, November 20, 2003. ITW’s dumping margin in the –20

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investigation may be classified in the Constructed Export Price memorandum dated December 16, 2003 Harmonized Tariff Schedule of the In accordance with section 772(a) of for details of our calculation. We added United States (HTSUS) at heading 3702 the Tariff Act, export price (EP) is the duty drawback to the U.S. starting price and subheadings 3921.90.40.25, price at which the subject merchandise in accordance with section 772(c)(1)(B) 9612.10.90.30, 3204.90, 3506.99, is first sold (or agreed to be sold) before of the Tariff Act, and made additional 3919.90, 3920.62, 3920.99 and 3926.90. the date of importation by the producer upward adjustments to the U.S. starting The tariff classifications are provided or exporter of the subject merchandise price for freight revenue and revenues for convenience and Customs and outside of the United States to an ITW reported as ‘‘additional revenues.’’ Border Protection (CBP) purposes; unaffiliated purchaser for exportation to We made an adjustment for further however, the written description of the the United States. In accordance with manufacturing in accordance with scope of the investigation is dispositive. section 772(b) of the Tariff Act, 772(d)(2) of the Tariff Act. On October 29, 2003 and November constructed export price (CEP) is the 24, 2003, the petitioner submitted Normal Value price at which the subject merchandise documents it claims suggest the In accordance with section is first sold (or agreed to be sold) in the respondents in the TTR investigations 773(a)(1)(C) of the Tariff Act, to United States before or after the date of are attempting to circumvent a potential determine whether there was sufficient TTR antidumping order by slitting importation by or for the account of the volume of sales in the home market to subject merchandise jumbo rolls in a producer or exporter of such serve as a viable basis for calculating NV third country. The petitioner contends merchandise or by a seller affiliated (i.e., the aggregate volume of home the country of origin of slit TTR should with the producer or exporter, to an market sales of the foreign like product be determined by the country of origin unaffiliated purchaser, as adjusted is greater than or equal to five percent of the jumbo TTR roll from which it was under sections 772(c) and (d) of the of the aggregate volume of U.S. sales), slit, regardless of where the slitting Tariff Act. For purposes of this we compared ITW’s volume of home occurred. The petitioner argues that investigation ITW has classified its sales market sales of the foreign like product slitting subject merchandise jumbo TTR as CEP sales. See ITW’s September 24, to the volume of U.S. sales of the subject rolls does not involve a substantial 2003 section C response, at C–7. merchandise. Because ITW’s aggregate transformation, and therefore, does not ITW states that all of its U.S. sales volume of home market sales of the change the country of origin of slit TTR were imported by its U.S. affiliate, ITW foreign like product was greater than rolls. Thermal Files (ITWTF), and that it made five percent of its aggregate volume of On November 26, 2003 and December all of its U.S. sales through ITWTF. See U.S. sales for the subject merchandise, 12, 2003, Armor S.A. (respondent in the September 5, 2003, section A response we determined that the home market antidumping investigation of TTR from at A–2 and A–18. Based on this was viable. We therefore based NV on France) submitted comments regarding information, we preliminarily determine home market sales to unaffiliated the petitioner’s allegation. Armor S.A. that ITW’s U.S. sales are CEP sales. purchasers made in the usual (Armor) argues the further For purposes of this preliminary commercial quantities and in the manufacturing process does in fact determination, we used the U.S. sales normal course of trade. substantially transform the jumbo TTR listings submitted by ITWTF and Since no information on the record rolls, and thus does change the country Reseller 1 on September 24, 2003, and indicates that ITW made any sales to of origin of the merchandise. On by Reseller 2 and Reseller 3 on affiliates in its home market, we did not December 5, 2003, petitioner made a November 21, 2003. We calculated CEP use an arm’s-length test for comparison response to Armor’s November 26, 2003 in accordance with section 772(b) of the market sales. submission. Tariff Act. We based CEP on packed On November 19, 2003 the We have reviewed the petitioner’s and prices from ITWTF, Reseller 1, Reseller Department initiated a below-cost sales Armor’s comments. However, as a 2, or Reseller 3 for shipment to investigation with respect to ITW’s determination of whether or not slitting distributors, converters, original home market sales. The due date for jumbo TTR rolls constitutes a equipment manufacturers, and end- ITW’s section D questionnaire response substantial transformation and, users in the U.S. market. We made is December 16, 2003. Since the due therefore, changes the country of origin adjustments for movement expenses in date of ITW’s cost submission makes it of the merchandise for purposes of accordance with section 772(c)(2)(A) of impossible for the Department to administering the antidumping law, and the Tariff Act; these included, where perform a cost analysis for purposes of as such a change may affect the scope appropriate, foreign inland freight, this preliminary determination, we of this investigation and future brokerage and handling, international intend to issue an analysis of ITW’s cost proceedings, it is necessary to provide freight, U.S. inland freight, and U.S. data following publication of this interested parties the opportunity to Customs duties. In accordance with preliminary determination and allow comment on this issue. See section 772(d)(1) of the Tariff Act, we parties an opportunity to comment on Antidumping Duties; Countervailing deducted those selling expenses that analysis. Duties; Final Rule, 62 FR 27296, 27323 associated with economic activities For purposes of this preliminary (May 19, 1997). The due date for such occurring in the United States, determination, we used the home comments is two weeks after including warehousing, commissions, market sales listing ITW submitted with publication of this notice. The due date warranty expenses, discounts, U.S. its November 21, 2003 section B for any rebuttal comments is five days repacking, inventory carrying costs, and supplemental questionnaire response. later. indirect selling expenses. We made an We calculated NV based on prices to We remind parties that case and adjustment for profit in accordance with unaffiliated customers in the home rebuttal briefs, whether commenting on section 772(d)(3) of the Tariff Act. market. We made an adjustment for this country of origin issue, or any other Because we do not have total cost data rebates in accordance with 19 CFR issue, must be limited to the facts on the record of this investigation, we 351.401(c). We made an adjustment for already on the record in accordance calculated profit using data from inland freight pursuant to section with section 351.301 of the ITWTF’s financial statement. See the 773(a)(6)(B) of the Tariff Act. We also Department’s regulations. preliminary determination analysis made circumstance-of-sale adjustments

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for imputed credit expenses in home market and the United States. final determination in this proceeding is accordance with section 773(a)(6)(C)(iii) ITW identified one channel of affirmative, the Commission will of the Tariff Act and 19 CFR 351.410. distribution in the home market (direct determine before the later of 120 days Since ITW has reported commissions in sales to unaffiliated customs), and after the date of this preliminary its U.S. market but not in its home therefore claimed only one level of trade determination or 45 days after the final market, we deducted home market in the home market. See ITW’s determination whether imports of TTR indirect selling expenses, including September 24, 2003 section B response, from Korea are materially injuring, or inventory carrying costs, but limited the at B–9. However, ITW also identified threatening material injury to, the U.S. deduction to the amount of three different customer categories in industry. commissions paid in the U.S. market in the home market: distributors, OEM Public Comment accordance with 19 CFR 351.410(e). dealers, and converters. See September Finally, we deducted home market 5, 2003 section A response, at A–15 and Interested parties are invited to packing costs and added U.S. packing its September 24, 2003 section B comment on the preliminary costs in accordance with subsections response, at B–8. Our August 1, 2003 determination. Interested parties may 773(a)(6)(A) and (B) of the Tariff Act. questionnaire requested (at page A–8) submit case briefs within 50 days of the Level of Trade that ITW provide a list of selling date of publication of this notice. See 19 activities performed for each CFR 351.309(c)(1)(i). Rebuttal briefs, the In accordance with section combination of distribution channel and content of which is limited to the issues 773(a)(1)(B)(i) of the Tariff Act, to the customer category. Instead, for the home raised in the case briefs, must be filed extent practicable, we determine NV market ITW provided such a list only within five days after the deadline for based on sales in the comparison market for its one channel of distribution. See the submission of case briefs. See 19 at the same level of trade (LOT) as the ITW’s September 5, 2003 section A CFR 351.309(d). The Department, at its CEP transaction. The NV LOT is that of response at attachment A–9–B. discretion, may extend the filing date the starting-price sales in the Therefore, because we do not have a list for case and rebuttal briefs. Any such comparison market or, when NV is of selling expenses for each combination extension will be announced in writing based on CV, that of the sales from of customer category and channel of and placed on the public record of this which we derive selling, general and distribution, we are unable to determine proceeding. A list of authorities used, a administrative expenses and profit. For whether only one level of trade exists in table of contents, and an executive CEP, it is the level of the constructed the home market. ITW requested a CEP summary of issues should accompany sale from the exporter to the importer. offset, but because we are unable to any briefs submitted to the Department. Moreover, for CEP sales, we consider determine the home market level of Executive summaries should be limited only the selling activities reflected in trade at this time, we cannot determine to five pages total, including footnotes. the price after the deduction of expenses whether a CEP offset is warranted. Further, we request that parties and profit, pursuant to section 772(d) of Therefore, in this preliminary submitting briefs and rebuttal briefs the Tariff Act. See Micron Technology, determination we have made no level- provide the Department with a copy of Inc. v. United States, 243 F.3d 1301, of-trade adjustment, and have denied the public version of such briefs on 1314–1315 (Fed. Cir. 2001). To determine whether the ITW’s claimed CEP offset. In our diskette. comparison-market sales are at a December 1, 2003 supplemental In accordance with section 774 of the different LOT than CEP sales, we questionnaire, we requested additional Tariff Act, we will hold a public examine stages in the marketing process information about ITW’s selling hearing, if requested, to afford interested and selling functions along the chain of activities for its customer categories. parties an opportunity to comment on distribution between the producer and Based on our analysis of ITW’s response arguments raised in case or rebuttal the unaffiliated customer. If the (due December 22, 2003), for the final briefs. If a request for a hearing is made, comparison-market sales are at a determination we will consider whether we will tentatively hold the hearing two different LOT, and the difference affects a level-of-trade adjustment or CEP offset days after the deadline for submission of price comparability, as manifested in a is warranted in this case. rebuttal briefs at the U.S. Department of pattern of consistent price differences Suspension of Liquidation Commerce, 14th Street and Constitution between the sales on which NV is based Avenue, NW., Washington, DC 20230, at and comparison-market sales at the LOT The dumping margins are as follows: a time and in a room to be determined. of the export transaction, we make a Parties should confirm by telephone the Margin date, time, and location of the hearing LOT adjustment under section Producer/exporter (percentage) 773(a)(7)(A) of the Tariff Act. Finally, 48 hours before the scheduled date. for CEP sales, if the NV LOT is more ITW ...... 1.27 Interested parties who wish to request remote from the factory than the CEP All Others ...... 1.27 a hearing, or to participate in a hearing level and there is no basis for if one is requested, must submit a determining whether the differences in Because the estimated weighted- written request to the Assistant the levels between NV and CEP affect average dumping margin for the Secretary for Import Administration, price comparability, we adjust NV examined company is de minimis, we U.S. Department of Commerce, Room under section 773(a)(7)(B) of the Tariff are not directing U.S. Customs and 1870, within 30 days of the date of Act. See, e.g., Certain Carbon Steel Plate Border Protection (CBP) to suspend publication of this notice. Requests from South Africa, Final Determination liquidation of entries of TTR from should contain: (1) The party’s name, of Sales at Less Than Fair Value, 62 FR Korea. address, and telephone number; (2) the 61731 (November 19, 1997). number of participants; and (3) a list of International Trade Commission In applying these principles in this the issues to be discussed. At the Notification investigation, we asked ITW to identify hearing, oral presentations will be the specific differences and similarities In accordance with section 733(f) of limited to issues raised in the briefs. See in selling functions and support services the Tariff Act, we have notified the 19 CFR 351.310(c). The Department will between all phases of marketing in the Commission of our determination. If the make its final determination no later

VerDate jul<14>2003 18:33 Dec 19, 2003 Jkt 203001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\22DEN1.SGM 22DEN1 71082 Federal Register / Vol. 68, No. 245 / Monday, December 22, 2003 / Notices

than 75 days after the date of issuance Program (which issues crab species thirds of the votes cast in this of this preliminary determination. licenses) may do so at this address: referendum approve the fees. This determination is issued and Restricted Access Management Program, If the referendum is successful, NMFS published in accordance with sections National Marine Fisheries Service, P.O. will publish a 30–day reduction 733(f) and 777(i)(1) of the Tariff Act. Box 21668, Juneau, AK 99802–1668. payment tender notification in the Dated: December 16, 2003. FOR FURTHER INFORMATION CONTACT: Federal Register. Afterwards, NMFS James Jochum, Michael L. Grable,(301) 713–2390. will tender reduction payments and Assistant Secretary for Import SUPPLEMENTARY INFORMATION: complete the program. Administration. I. General NMFS published proposed program [FR Doc. 03–31480 Filed 12–19–03; 8:45 am] regulations on December 12, 2002 (67 BILLING CODE 3510–DS–P Section 144(d) of Division B of Public FR 76329. It published final program Law 106–554, as amended, authorized regulations on December 12, 2003 (68 this fishing capacity reduction program. FR 69331. Interested persons should DEPARTMENT OF COMMERCE The program’s objective is reducing review these for further program details. harvesting capacity in the Bering Sea/ The final regulations require NMFS to National Oceanic and Atmospheric Aleutian Islands crab fishery. This will publish this notification before inviting Administration help financially stabilize this limited- bids. Any person who wants to [I.D. 032801B] entry fishery and manage its fish. comment about this notification may do This is a voluntary program. In so prior to January 21, 2004. Comments exchange for reduction payments, Magnuson-Stevens Act Provisions; may address: Fishing Capacity Reduction Program; program participants will permanently (1) Persons who appear on a list but Crab Species Covered by the Fishery relinquish their fishing licenses and should not, Management Plan for Bering Sea/ their fishing vessels’ catch histories and Aleutian Islands King and Tanner fishing privileges. (2) Persons who do not appear on a Crabs The program’s maximum cost cannot list but should, exceed $100 million. A 30–year loan (3) Persons whose names and/or AGENCY: National Marine Fisheries will finance 100 percent of whatever the business mailing addresses are Service (NMFS), National Oceanic and cost turns out to be. Future crab landing incorrect, and Atmospheric Administration, fees will repay the loan. (4) Any other pertinent matter. Commerce. In summary, the program will proceed NMFS will update the lists, as ACTION: Notice of qualifying bidders and as follows. necessary, immediately before using voters. NMFS will publish an invitation to them either for mailing invitations to bid in a Federal Register notification, bid or referendum ballots. Mailed SUMMARY: NMFS issues this notice to along with a bidding form and terms of invitations and ballots will be inform the public of persons who capacity reduction agreement. This accompanied by NMFS’ detailed prospectively qualify to bid, vote, or notification will specify bid opening bidding and voting guidance. both in the fishing capacity reduction and closing dates. NMFS will mail a program for the crab species covered by bidding package to each person then on The difference between the qualifying the Fishery Management Plan for Bering the qualifying bidder list. Qualified bidder list and the qualifying voter list Sea/Aleutian Islands king and tanner bidders will bid, along with co-bidders is that the latter includes the holders of crabs. where appropriate. NMFS will score interim crab licenses and the former DATES: Comments may be submitted on each bid amount against the bidder’s does not. or before January 21, 2004. past ex-vessel revenues during a bid NMFS based these lists upon the ADDRESSES: Send comments about this scoring period. NMFS will, in a reverse Restricted Access Management notice to Michael L. Grable, Chief, auction, then accept bids whose Program’s crab license holder records Financial Services Division, National amounts are the lowest percentages of for holders which meet the Marine Fisheries Service, 1315 East- the revenues. This will create reduction requirements of 50 CFR 679.4(k)(5) as West Highway, Silver Spring, MD contracts. well as the requirements of the 20910–3282. Next, NMFS will conduct a program’s final regulations. referendum about the loan repayment II. Qualifying bidder and voter lists Any person who wants to contact fees. The reduction contracts will NMFS’ Restricted Access Management become inoperable unless at least two (1) Qualifying bidder List: QUALIFYING BIDDERS

NAME MAILING ADDRESS NON-INTERIM CRAB LICENSE NO.

57 DEGREES NORTH, LLC 1445 NW 56TH ST, SEATTLE, WA 98107 ...... LLC3554 AIREDALE LLC 916 DELANEY ST, ANCHORAGE, AK 99501 ...... LLC2275 ALASKA BOAT COMPANY PO BOX 5030, SEATTLE, WA 98105 ...... LLC2039 ALASKA CHALLENGER L.L.C. PO BOX 5030, SEATTLE, WA 98105 ...... LLC3667 ALASKA SEA, INC. 18509 8TH AVE NW, SEATTLE, WA 98177–3153 LLC1607 ALASKA SEAFOOD PRODUCERS, INC. PO BOX 1027, NEWPORT, OR 97365 ...... LLC2187 ALASKAN BEAUTY, LLC C/O FMS INC, 620 SIXTH ST S, KIRKLAND, WA LLC3301 98033. ALEUTIAN BALLAD, INC. 112 HARRISON AVE, CENTRALIA, WA 98531 ..... LLC3170 ALEUTIAN MARINER, LLC 5470 SHILSHOLE AVE NW, STE 410, SEATTLE, LLC3587 WA 98107. ALEUTIAN SHELLFISH, INC. PO BOX 17701, SEATTLE, WA 98107 ...... LLC1971

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QUALIFYING BIDDERS—Continued

NAME MAILING ADDRESS NON-INTERIM CRAB LICENSE NO.

ALEUTIAN SPRAY FISHERIES, INC. 5470 SHILSHOLE AVE NW, STE 300, SEATTLE, LLC2095 WA 98107. ALEUTIAN SPRAY FISHERIES, INC. 5470 SHILSHOLE AVE NW, STE 300, SEATTLE, LLC2099 WA 98107. ALEUTIAN SPRAY FISHERIES, INC. 5470 SHILSHOLE AVE NW, STE 300, SEATTLE, LLC2097 WA 98107. ALEUTIAN SPRAY REVERSE LLC 2621 EASTLAKE AVE EAST, SEATTLE, WA LLC2555 98102. ALEUTIAN SPRAY, LLC 101 NICKERSON, STE 340, C/O PUGET SOUND LLC3861 ACCOUNTING, SEATTLE, WA 98109. AMATULI ENTERPRISES PO BOX 1404, EDMONDS, WA 98020–1404 ...... LLC2260 AMERICAN STAR & OWNERS 16 COLUMBIA KEY, BELLEVUE, WA 98006 ...... LLC3200 AMERICAN WAY FISHERIES, INC. 4044 CLIFFSIDE RD, KODIAK, AK 99615 ...... LLC1658 ANDRONICA, INC. 19239 40TH PL NE, SEATTLE, WA 98155 ...... LLC3809 ARCHIE GOULD PO BOX 347, KING COVE, AK 99612 ...... LLC3031 ARCTIC BARUNA, LLC 2629 NW 54TH, SEATTLE, WA 98072 ...... LLC2088 ARCTIC BARUNA, LLC 2629 NW 54TH, SEATTLE, WA 98072 ...... LLC2087 ARCTIC MARINER, LLC 5470 SHILSHOLE AVE NW, STE 410, SEATTLE, LLC3585 WA 98107. ARCTIC SUN FISHERIES, INC. 11825 SE EASTBOURNE LANE, PORTLAND, OR LLC2366 97236. ARCTIC VENTURES, INC. 101 NICKERSON ST, STE 340, SEATTLE, WA LLC3047 98109. ARTHUR W. FOX PO BOX 1713, KODIAK, AK 99615 ...... LLC1716 ATLANTICO, INC. PO BOX 129, SISTERS, OR 97759 ...... LLC2471 AUTUMN DAWN PARTNERSHIP 1445 NW 56TH ST, SEATTLE, WA 98107–3726 ... LLC1808 BARBARA J PARTNERSHIP 5303 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC3824 BEAUTY BAY, INC. 1223 PARKWAY DR, RICHMOND, CA 94803 ...... LLC3618 BELLA K OF SEATTLE, LLC PO BOX 17911, SEATTLE, WA 98107 ...... LLC2020 BERING FIVE, INC 62975 NE TUMALT RD, CASCADE LOCKS, OR LLC4743 97014. BERING STAR, LLC C/O H.A.S., P.O. BOX 17012, SEATTLE, WA LLC3889 98107–0712. BERING STAR, LLC C/O H.A.S., P.O. BOX 17012, SEATTLE, WA LLC3965 98107–0712. BIG BLUE FISHERIES PO BOX 663, CATHLAMET, WA 98612 ...... LLC1766 BLUE ATTU, LLC 2930 WESTLAKE AVE N, #300, SEATTLE, WA LLC3974 98109. BLUE BOATS CORP. 5470 SHILSHOLE AVE NW, STE 500, SEATTLE, LLC2093 WA 98107. BREKKAA FISHERIES, INC. 1707 NW 56TH, SEATTLE, WA 98107 ...... LLC3278 BRISTOL FIVE, INC. 62975 NE TUMALT RD, CASCADE LOCKS, OR LLC1891 97014. BRISTOL MARINER, LLC 5470 SHILSHOLE AVE NW, STE 410, SEATTLE, LLC3579 WA 98107. BRUCE E. JOYCE 3535 SE CORA DR, PORTLAND, OR 91202 ...... LLC2701 CAPRICE, INC. 164 PELICAN WAY, FRIDAY HARBOR, WA 98250 LLC2753 CASCADE MARINER, LLC 5470 SHILSHORE AVE NW #410, SEATTLE, WA LLC3459 98107. CELTIC SEAS, INC. PO BOX 17701, SEATTLE, WA 98107 ...... LLC4860 CHARLES G. JOHNSON PO BOX 813, KODIAK, AK 99615 ...... LLC2058 CHARLES G. JOHNSON PO BOX 813, KODIAK, AK 99615 ...... LLC3680 CONTROLLER BAY, JOINT VENTURE 1 DOGWOOD PL, EDMONDS, WA 98020 ...... LLC3342 COREY K. WILSON PO BOX 267, KING COVE, AK 99612 ...... LLC3127 COUGAR INDUSTRIES, INC. 4711 CHEROKEE LANE, NEWPORT, OR 97365 .. LLC2514 COURAGEOUS SEAFOODS 4502 14TH AVE NW, SEATTLE, WA 98107 ...... LLC1577 DAR-JEN, INC. PO BOX 3128, KODIAK, AK 99615 ...... LLC3093 DEBRA D, INC. 16559 KAMB RD, MOUNT VERNON, WA 98273 ... LLC3850 DECEPTION FISHERIES PO BOX 1144, PETERSBURG, AK 99833 ...... LLC3290 DEEP SEA HARVESTER, INC. 3900 RAILWAY AVE, EVERETT, WA 98201 ...... LLC2888 DENNIS DEAVER 1223 PARKWAY DR, RICHMOND, CA 94803 ...... LLC1923 DESTINATION, INC. PO BOX 17701, SEATTLE, WA 98107 ...... LLC3328 DIAMOND HEAD, INC. 3955 NIELSON CIRCLE, STE A, HOMER, AK LLC1947 99603–7714. DIAMONDBACK SEAFOODS, INC. 916 DELANEY ST, ANCHORAGE, AK 99501 ...... LLC1156 DIAMONDBACK SEAFOODS, INC. 916 DELANEY ST, ANCHORAGE, AK 99501 ...... LLC2345 DIAMONDBACK SEAFOODS, INC. 916 DELANEY ST, ANCHORAGE, AK 99501 ...... LLC1380 DONA MARTITA LLC 20308 DAYTON AVE N, SHORELINE, WA 98133 LLC2788 EARLY DAWN LLC 7215 156TH ST SOUTHWEST, EDMONDS, WA LLC3193 98026. ELIZABETH F, INC. PO BOX 1275, KODIAK, AK 99615 ...... LLC1274

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QUALIFYING BIDDERS—Continued

NAME MAILING ADDRESS NON-INTERIM CRAB LICENSE NO.

ENTRANCE POINT, INC. 3543 LOWER HONOAPITLANI, LAHAINA, HI LLC1782 96761. ERLA-N, LLC 18509 8TH AVE NW, SEATTLE, WA 98177 ...... LLC2215 ESTATE OF CARL A KOSO PO BOX 237, KING COVE, AK 99612 ...... LLC3484 EVENING STAR, INC. 4019 21ST AVE W, SEATTLE, WA 98199 ...... LLC3903 EVENING STAR, INC. 4019 21ST AVE W, SEATTLE, WA 98199 ...... LLC3905 EXCELLER FISHERIES, INC. PO BOX 5993, BELLINGHAM, WA 98227 ...... LLC1314 F. JAMES KOCH PO BOX 1243, LEWISTON, ID 83501 ...... LLC2742 F/V AJ, LLC 2200 6TH AVE, SUITE 710, SEATTLE, WA 98121 LLC3655 F/V ARCTIC WIND, LLC 5470 SHILSHOLE AVE NW, STE 500, SEATTLE, LLC4010 WA 98107. F/V KATIE K & OWNERS 1101 EMERALD HILLS DR, EDMONDS, WA LLC3687 98020. F/V KETA, INC. PO BOX 17701, SEATTLE, WA 98107 ...... LLC3632 F/V LADY BLACKIE, LLC 916 DELANEY ST, ANCHORAGE, AK 99501 ...... LLC1960 F/V MAVERICK, LLC BOOKEEPERS PLUS, 4875 ASH ST, ASTORIA, LLC3196 OR 97103. F/V NORTH WIND, INC. 1441 NORTHLAKE WAY, SEATTLE, WA 98103 .... LLC1639 F/V PINNACLE, INC. 19618 61ST AVE SE, SNOHOMISH, WA 98290 .... LLC3356 F/V SEA ERN & OWNERS 10761 E LAKE JOY DR NE, CARNATION, WA LLC3224 98014. F/V SEABROOKE ENTERPRISES, LLC 83972 EASTSIDE RD, MILTON-FREEWATER, OR LLC2925 97862. FAIRWEATHER FISHERIES, INC. 2225 OCEANVIEW DR, NEWPORT, OR 97365 ..... LLC1733 FAIRWEATHER FISHERIES, INC. 2225 OCEANVIEW DR, NEWPORT, OR 97365 ..... LLC2943 FANNINGS DENALI, INC. 164 PELICAN WAY, FRIDAY HARBOR, WA 98250 LLC3334 FAR NORTH FISHERMEN, INC. 6947 COAL CREEK PARKWAY SE, STE 238, LLC1285 NEW CASTLE, WA 98059. FARWEST LEADER PARTNERSHIP 5303 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC2941 FIERCE ALLEGIANCE, LLC 7215 156TH ST SOUTHWEST, EDMONDS, WA LLC3472 98026. FLYING CLOUD PARTNERSHIP TRIDENT SEAFOODS, 5303 SHILSHOLE AVE LLC2206 NW, SEATTLE, WA 98107. FOUR DAUGHTERS, INC. RT 8, BOX 113, MANKATO, MN 56001 ...... LLC3383 FRANCIS M NW, LLC 164 PELICAN WAY, FRIDAY HARBOR, WA 98250 LLC4681 FRANK MCFARLAND PO BOX 364, NOME, AK 99762 ...... LLC2770 FURY GROUP, INC. 6401 26TH AVE NW, SEATTLE, WA 98107 ...... LLC1539 FURY GROUP, INC. 6401 26TH AVE NW, SEATTLE, WA 98107 ...... LLC2621 FURY GROUP, INC. 6401 26TH AVE NW, SEATTLE, WA 98107 ...... LLC2540 FY FISHERIES, INC. PO BOX 352, NEWPORT, OR 97365 ...... LLC2790 GENE E. WATSON 949 WILDWOOD RD, CURTIS, WA 98538 ...... LLC3297 GLACIER BAY FISHERIES, LLC C/O FMS, INC, 620 SIXTH STREET SOUTH, LLC3733 KIRKLAND, WA 98033. GLEN EVANS 583 S MICHAEL WAY, CAMANO ISLAND, WA LLC3382 98292. GOLDEN DAWN, LLC 5303 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC3735 GOLDEN PISCES, INC. PO BOX 1523, NEWPORT, OR 97365 ...... LLC3856 GOLDEN SHAMROCK, INC. FISHERMEN’S TERMINAL, 4005 20TH AVE W, LLC2063 STE 218, SEATTLE, WA 98199. GORDON E. GILES PO BOX 127, SELDOVIA, AK 99663 ...... LLC1434 GREAT WEST SEAFOODS, L.P. 511 W COMSTOCK ST, SEATTLE, WA 98119 ...... LLC1849 GULF WINDS LLC 3600 15 TH AVE W, SEATTLE, WA 98119 ...... LLC3135 GUNN SEA VENTURE, LLC 1445 NW 56TH ST, SEATTLE, WA 98107–3726 ... LLC3559 GUNN-WIDING ENTERPRISES PO BOX 1404, EDMONDS, WA 98020 ...... LLC3218 GUSTAFSON FISHERIES, INC. PO BOX 8573, KODIAK, AK 99615 ...... LLC3598 HAERLING ENTERPRISES, INC...... 2209 THEA COURT, MILTON, WA 98354 ...... LLC3283 HAL LEWIS PO BOX 920571, DUTCH HARBOR, AK 99692 ..... LLC3700 HARLAN DEAN PO BOX 61, STRYKER, MT 59933 ...... LLC2808 HARVESTER ENTERPRISES, LLC C/O PUDGET SOUND ACCOUNTING, 101 NICK- LLC2326 ERSON ST #340, SEATTLE, WA 98109. HENRY W. STREICH 18496 43RD AVE NE, LAKE FOREST PARK, WA LLC3705 98155. HEUKER BROS., INC. 62975 NE TUMALT RD, CASCADE LOCKS, OR LLC1814 97014. HEUKER BROS., INC. 62975 NE TUMALT RD, CASCADE LOCKS, OR LLC3590 97014. HIGHLAND LIGHT SEAFOODS LLC. 3600 15TH AVE W, STE 300, SEATTLE, WA LLC3952 98119. HJELLE ENTERPRISES, INC. PO BOX 17012, SEATTLE, WA 98127 ...... LLC3319 HORIZON FISHERIES, LLC 5470 SHILSHOLE AVE N, STE 500, SEATTLE, LLC3844 WA 98107.

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QUALIFYING BIDDERS—Continued

NAME MAILING ADDRESS NON-INTERIM CRAB LICENSE NO.

HUSKY CO-OWNERS PO BOX C–5030, SEATTLE, WA 98105 ...... LLC3664 ICELANDER, INC. PO BOX 2074, KODIAK, AK 99615 ...... LLC2874 ICICLE SEAFOODS, INC. 4019 - 21ST AVE W, SEATTLE, WA 98199 ...... LLC2351 ICICLE SEAFOODS, INC. 4019 - 21ST AVE W, SEATTLE, WA 98199 ...... LLC2699 ICY BAY, INC. C/O PUGET SOUND ACCOUNTING, 101 NICK- LLC1725 ERSON, STE 340, SEATTLE, WA 98109. ILDHUSO FISHERIES, INC. 101 NICKERSON, STE 340, SEATTLE, WA 98109 LLC1997 INCENTIVE FISHERIES, LLC PO BOX 4008, KODIAK, AK 99615 ...... LLC3249 JAMES R. NIEMELA PO BOX 2382, HOMER, AK 99603 ...... LLC2362 JEFF T. STEELE PO BOX 1732, KODIAK, AK 99615 ...... LLC2762 JEFF T. STEELE PO BOX 1732, KODIAK, AK 99615 ...... LLC2817 JOSE RAUL CASTILLO PO BOX 568, UNALASKA, AK 99685 ...... LLC2570 JOSE RAUL CASTILLO PO BOX 568, UNALASKA, AK 99685 ...... LLC3527 K H COLBURN, INC 3117 E AMES LAKE DR NE, REDMOND, WA LLC3657 98053. KARI MARIE FISHERIES, LLC 9784 MARINE VIEW DR, MUKILTEO, WA 98275 .. LLC3553 KATRINA-EM, INC. PO BOX 3065, KODIAK, AK 99615 ...... LLC2778 KDS, INC. PO BOX 308, SILVANA, WA 98287 ...... LLC3716 KDS, INC. PO BOX 308, SILVANA, WA 98287 ...... LLC2775 KENDRICK BAY LTD. PARTNERS PO BOX 5030, SEATTLE, WA 98105 ...... LLC3675 KENNETH M. SIMPSON PO BOX 240449, ANCHORAGE, AK 99524–0449 LLC1279 KEVIN SUYDAM PO BOX 980, KODIAK, AK 99615 ...... LLC3264 KEVIN SUYDAM PO BOX 980, KODIAK, AK 99615 ...... LLC3337 KEVIN SUYDAM PO BOX 980, KODIAK, AK 99615 ...... LLC5383 KEVLEEN K, LLC 4241 21ST AVE W, STE 100, SEATTLE, WA LLC3462 98199. KIRSTEN MARIE FISHERIES, LLC 9784 MARINE VIEW DR, MUKILTEO, WA 98275 .. LLC1729 KISKA SEA PARTNERSHIP 3859 YAQUINA BAY RD, NEWPORT, OR 97365 .. LLC3116 KODIAK QUEEN, INC. 349 NW 137TH ST, SEATTLE, WA 98177 ...... LLC3879 KRISTIAN E. POULSEN ENT., INC. 1143 NW 45TH ST, SEATTLE, WA 98107 ...... LLC1863 KRISTIAN E. POULSEN ENT., INC. 1143 NW 45TH ST, SEATTLE, WA 98107 ...... LLC1885 KRISTIAN E. POULSEN ENT., INC. 1143 NW 45TH ST, SEATTLE, WA 98107 ...... LLC1882 L.T.D., INC. PO BOX 3415, KODIAK, AK 99615 ...... LLC1450 LABRADOR GROUP PO BOX C–5030, SEATTLE, WA 98105 ...... LLC2037 LADY HELEN LLC 606 N 178TH ST, SHORELINE, WA 98133 ...... LLC3737 LADY JOANNE, INC. PO BOX 17701, SEATTLE, WA 98107 ...... LLC2223 LANGESATER FISHERIES, INC. 19731 21ST AVE NW, SEATTLE, WA 98177 ...... LLC2695 LARRY J. SHAISHNIKOFF PO BOX 45, UNALASKA, AK 99685 ...... LLC2007 LARRY O. HENDRICKS PO BOX 17701, SEATTLE, WA 98107 ...... LLC2546 LIBERATOR FISHERIES, LLC 5470 SHILSHOLE AVE NW, STE 300, SEATTLE, LLC3638 WA 98107. LIGHTSHIP, INC. PO BOX 1404, EDMONDS, WA 98020 ...... LLC3107 LONGRICH ENTERPRISES, INC. PO BOX 2494, KODIAK, AK 99615 ...... LLC1453 LUDGER DOCHTERMANN PO BOX 714, KODIAK, AK 99615 ...... LLC2750 MAR DEL SUD, LTD. PO BOX 1573, KODIAK, AK 99615 ...... LLC2646 MARCY J., INC. 1217 KOUSKOV, KODIAK, AK 99615 ...... LLC2279 MARGUN ENTERPRISES, LLC 101 NICKERSON STE 340, SEATTLE, WA 98109 LLC3629 MARK I, INC. 511 W COMSTOCK ST, SEATTLE, WA 98119 ...... LLC2638 MARK MARING II, INC. 130 NICKERSON ST, STE 212, SEATTLE, WA LLC3954 98109. MARWIN, INC. PO BOX 509, PETERSBURG, AK 99833 ...... LLC1801 MATTHEW HEGGE PO BOX 3388, KODIAK, AK 99615 ...... LLC2106 MATTSEN FISHERIES, INC. PO BOX 2686, POULSBO, WA 98370 ...... LLC2577 MATTSEN FISHERIES, INC. PO BOX 2686, POULSBO, WA 98370 ...... LLC3541 MICHEAL K. KING PO BOX 238, MAGNOLIA SPRINGS, AL 36555 .... LLC3020 MISTY BLUE, INC. NORTHERN LIGHTS HAVEN, YAKUTAT, AK LLC1485 99689. NEPTUNE, LLC 2615 4TH AVE, STE 700, SEATTLE, WA 98121 ... LLC2156 NEWMAN FISHERIES, INC. PO BOX 165, KING COVE, AK 99612 ...... LLC3922 NINILICHIK LTD. PARTNERSHIP 12000 INDUSTRY WA N3, ANCHORAGE, AK LLC3931 99515. NORDIC MARINE, INC. 200 W 34TH AVE, STE 981, ANCHORAGE, AK LLC3274 99503. NORDIC MARINER, LLC 5470 SHILSHOLE AVE NW, STE 410, SEATTLE, LLC2309 WA 98107. NORDIC STAR FISHERIES, INC. 4224 S DRIFTWOOD DR, SPOKANE, WA 99206 LLC2629 NORDIC VIKING, LLC PO BOX 129, SISTERS, OR 97759 ...... LLC3989 NORQUEST SEAFOODS, INC. 5245 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC3331 NORQUEST SEAFOODS, INC. 5245 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC3698 NORQUEST SEAFOODS, INC. 5245 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC3696 NORSEMAN FISHERIES, INC. 11524 3RD AVE NW, SEATTLE, WA 98199 ...... LLC1243 NORTH AMERICAN, INC. 250 NW 39TH ST, STE 5, SEATTLE, WA 98107 ... LLC3087

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QUALIFYING BIDDERS—Continued

NAME MAILING ADDRESS NON-INTERIM CRAB LICENSE NO.

NORTH PACIFIC, LLC C/O FMS INC, 620 SIXTH ST S, KIRKLAND, WA LLC3256 98033. NORTHERN MARINER, LLC 5470 SHILSHOLE AVE NW #410, SEATTLE, WA LLC3581 98107. NORTHERN ORION, INC. 130 NICKERSON ST, STE 212, SEATTLE, WA LLC3035 98109. NORTHPOINT FISHERIES PO BOX 714, KODIAK, AK 99615 ...... LLC2288 OBSESSION LIMITED PARTNERSHIP 12000 INDUSTRY WAY N3, ANCHORAGE, AK LLC3934 99515. OCEAN BALLAD, INC. 112 HARRISON ST, CENTRALIA, WA 98531 ...... LLC3195 OCEAN BALLAD, INC. 112 HARRISON ST, CENTRALIA, WA 98531 ...... LLC3914 OCEAN BALLAD, INC. 112 HARRISON ST, CENTRALIA, WA 98531 ...... LLC3916 OCEAN FISHERIES, LLC 7216 INTERLAAKEN DR, LAKEWOOD, WA 98499 LLC3945 OCEAN OLYMPIC LLC C/O FMS INC, 620 SIXTH ST S, KIRKLAND, WA LLC3941 98033. OCEAN VIKING LLC 7216 INTERLAAKEN DR SW, LAKEWOOD, WA LLC1229 98499. ODIAK MARITIME PO BOX 135, CORDOVA, AK 99574 ...... LLC3061 OLUF K. VEDOY 10825 159TH ST SE, SNOHOMISH, WA 98290 .... LLC1946 PAC MARINER, LLC 5470 SHILSHOLE AVE NW, STE 410, SEATTLE, LLC3583 WA 98107. PACIFIC DRAGGERS, INC. PO BOX 352, NEWPORT, OR 97365 ...... LLC3494 PACIFIC STAR FISHERIES, LLC 620 6TH STREET SOUTH, KIRKLAND, WA 98033 LLC4857 PAR-PAC, INC. 3711 CARNEGIE DR SE, OLYMPIA, WA 98503 .... LLC2252 PAUL GRONHOLDT PO BOX 288, SAND POINT, AK 99661 ...... LLC3384 PAVLOF, INC. 4024 22ND AVE W, SEATTLE, WA 98199 ...... LLC1740 PENINSULA SALMON, INC. 164 PELICAN WAY, FRIDAY HARBOR, WA 98250 LLC3401 POINT FIVE, INC 62975 NE TUMALT RD, CASCADE LOCKS, OR LLC1937 97014. POLAR SEA PARTNERSHIP 17010 12TH AVE NW, SHORELINE, WA 98177– LLC1826 3825. PORT LYNCH, INC. 6920 ROOSEVELT WAY NE ιnumsign;M3, SE- LLC5663 ATTLE, WA 98115. PROVIDER, INC. PO BOX 37, KODIAK, AK 99615 ...... LLC2781 PROWLER, LLC PO BOX 1364, PETERSBURG, AK 99833 ...... LLC3682 Q & S ENTERPRISES, INC. PO BOX 70591, SEATTLE, WA 98107 ...... LLC1817 R.W. BARK CORP. 375 SKI HILL, LEAVENWORTH, WA 98826 ...... LLC1994 RAGNVALD SVINO 16905 13TH AVE NW, SHORELINE, WA 98177 .... LLC1391 RAINIER INVESTMENTS, INC. 605 12TH AVE N, EDMONDS, WA 98020 ...... LLC2170 RAINIER INVESTMENTS, INC. 605 12TH AVE N, EDMONDS, WA 98020 ...... LLC2172 RAINIER INVESTMENTS, INC. 605 12TH AVE N, EDMONDS, WA 98020 ...... LLC3417 RETRIEVER CO-OWNERS PO BOX 5030, SEATTLE, WA 98105–0030 ...... LLC3669 RICHARD L. SHELFORD PO BOX 12946, MILL CREEK, WA 98082–2946 ... LLC3091 ROBERT J. GUNDERSON PO BOX 344, KODIAK, AK 99615 ...... LLC1720 ROBERT NEHUS PO BOX 1002, UNALASKA, AK 99685 ...... LLC3010 ROMANZOF FISHING COMPANY LLC 4502 14TH AVE NW, SEATTLE, WA 98107 ...... LLC1579 RONALD J. TENNISON 4248 UPPAL DR, BELLINGHAM, WA 98226 ...... LLC3114 RONALD K. KECHTER PO BOX 68, PORT ANGELES, WA 98362 ...... LLC2195 RONALD R. BRILL 5470 SHISHOLE AVE NW #410, SEATTLE, WA LLC3956 98107. RONDYS, INC. 5349 229TH AVE SE, ISSAQUAH, WA 98029 ...... LLC2884 RONDYS, INC. 5349 229TH AVE SE, ISSAQUAH, WA 98029 ...... LLC3898 ROYAL AMERICAN FISHERIES, LLC 511 W COMSTOCK ST, SEATTLE, WA 98119 ...... LLC1754 ROYAL PACIFIC, LLC 9784 MARINE VIEW DR, MUKILTEO, WA 98275 .. LLC1731 ROYAL VIKING, INC. 5303 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC2236 ROYAL VIKING, INC. 5303 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC2625 ROYAL VIKING, INC. 5303 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC2601 RSD FISHERIES, LLC PO BOX 12946, MILL CREEK, WA 98082 ...... LLC1973 RSD FISHERIES, LLC PO BOX 12946, MILL CREEK, WA 98082 ...... LLC1975 RUFF & REDDY, INC. PO BOX 129, SISTERS, OR 97759 ...... LLC3982 SAGAKA FISHING, INC. PO BOX 8101, KODIAK, AK 99615 ...... LLC2078 SAN JUAN SEAFOODS, INC PO BOX 220, BELLINGHAM, WA 98225 ...... LLC3742 SAN JUAN SEAFOODS, INC PO BOX 220, BELLINGHAM, WA 98225 ...... LLC3757 SAN JUAN SEAFOODS, INC PO BOX 220, BELLINGHAM, WA 98225 ...... LLC3750 SCANDIES LTD PARTNERSHIP 2442 NW MARKET ST #656, SEATTLE, WA LLC3336 98107. SEA FISHER LLC 1120 NW 51ST ST, SEATTLE, WA 98107 ...... LLC3917 SEA ROVER, LLC 1136 VISTA PL, EDMONDS, WA 98020 ...... LLC3723 SEA SPRAY, LLC 1900 W NICKERSON ST #213, SEATTLE, WA LLC2289 98119. SEA STORM LIMITED PARTNERSHIP 400 N 34TH ST, STE 306, SEATTLE, WA 98103 .. LLC1896 SEVENTH SON, INC. 15209 72ND AVE NE, KENMORE, WA 98028 ...... LLC3930

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QUALIFYING BIDDERS—Continued

NAME MAILING ADDRESS NON-INTERIM CRAB LICENSE NO.

SHISHALDIN, LLC 1445 NW 56TH ST, SEATTLE, WA 98107 ...... LLC1734 SIBERIAN SEA PARTNERSHIP 3859 YAQUINA BAY RD, NEWPORT, OR 97365 .. LLC3197 SILENT LADY, INC. PO BOX 17701, SEATTLE, WA 98107 ...... LLC3326 SILVER SPRAY SEAFOODS, LLC PO BOX 129, SISTERS, OR 97759 ...... LLC3984 SNOW KING, INC. 1917 N BEAVER CK RD, SEAL ROCK, OR 97376 LLC3213 SPIRIT OF THE NORTH FISHERIES, INC. 355 NE GOLF COURSE DR, NEWPORT, OR LLC1673 97365. SULTAN, LLC 2930 WESTLAKE AVE N #300, SEATTLE, WA LLC3848 98109. SUSITNA MARITIME, INC. PO BOX 54, HOMER, AK 99603 ...... LLC3457 TAMARACK VENTURES, LLC 17640 SE 295TH ST, KENT, WA 98042 ...... LLC3690 TEMPEST FISHERIES II, LLC 2930 WESTLAKE AVE N #300, SEATTLE, WA LLC4843 98109. THREE RIVERS, INC. OF ANACORTES 9119 DISTRICT LINE RD, BURLINGTON, WA LLC3670 98233. TIME BANDIT, LLC PO BOX 3643, HOMER, AK 99603 ...... LLC1625 TIMOTHY J. KENNEDY C/O BLUE ALEUTIAN LLC, 2930 WESTLAKE AVE LLC2818 N. #300, SEATTLE, WA 98109. TIMOTHY J. KENNEDY C/O BLUE ALEUTIAN LLC, 2930 WESTLAKE AVE LLC3330 N. #300, SEATTLE, WA 98109. TODD HINER PO BOX 671, KODIAK, AK 99615 ...... LLC3354 TRIDENT SEAFOODS CORPORATION ATTN: ALASKA SUPPORT, 5303 SHILSHOLE LLC2267 AVE NW, SEATTLE, WA 98107. TRIDENT SEAFOODS CORPORATION ATTN: ALASKA SUPPORT, 5303 SHILSHOLE LLC2515 AVE NW, SEATTLE, WA 98107. TRIDENT SEAFOODS CORPORATION ATTN: ALASKA SUPPORT, 5303 SHILSHOLE LLC3788 AVE NW, SEATTLE, WA 98107. TRIDENT SEAFOODS CORPORATION ATTN: ALASKA SUPPORT, 5303 SHILSHOLE LLC2538 AVE NW, SEATTLE, WA 98107. TRIDENT SEAFOODS CORPORATION ATTN: ALASKA SUPPORT, 5303 SHILSHOLE LLC2269 AVE NW, SEATTLE, WA 98107. TYNES ENTERPRISES, INC. F/V AMERICAN EAGLE AND OWNERS, 1212 NW LLC2544 CULBERTSON DR, SEATTLE, WA 98177. VESTERAALEN L.L.C. 4225 23 AVE W # 100, SEATTLE, WA 98119 ...... LLC3530 VIEKODA BAY, LLC PO BOX 3282, KODIAK, AK 99615 ...... LLC3775 VIEKODA BAY, LLC PO BOX 3282, KODIAK, AK 99615 ...... LLC3777 WAHL FISHERIES, LLC 100 PORT DOCK RD, REEDSPORT, OR 97467 ... LLC3479 WAHL FISHERIES, LLC 100 PORT DOCK RD, REEDSPORT, OR 97467 ... LLC3557 WARDS COVE PACKING CO. PO BOX 5030, SEATTLE, WA 98105–0030 ...... LLC3003 WESTERN MARINER, LLC 5470 SHILSHOLE AVE NW 410, SEATTLE, WA LLC2321 98107. WILLIAM C. WILLIAMS 720 11TH ST, B1, BELLINGHAM, WA 98225 ...... LLC3911 WILLIAM T. GILBERT PO BOX 5705, BELLINGHAM, WA 98225 ...... LLC1906 WINDY BAY, INC. C/O PUGET SOUND ACCOUNTING, 101 NICK- LLC2061 ERSON, STE 340, SEATTLE, WA 98109. WIZARD FISHERIES, INC. 2442 NW MARKET ST,Number 438, SEATTLE, LLC1481 WA 98107.

(2) Qualifying Voter List: QUALIFYING VOTERS

INTERIM OR NON-INTERIM CRAB NAME MAILING ADDRESS LICENSE NO.

57 DEGREES NORTH, LLC 1445 NW 56TH ST, SEATTLE, WA 98107 ...... LLC3554 AIREDALE LLC 916 DELANEY ST, ANCHORAGE, AK 99501 ...... LLC2275 ALASKA BOAT COMPANY PO BOX 5030, SEATTLE, WA 98105 ...... LLC2039 ALASKA CHALLENGER L.L.C. PO BOX 5030, SEATTLE, WA 98105 ...... LLC3667 ALASKA SEA, INC. 18509 8TH AVE NW, SEATTLE, WA 98177–3153 LLC1607 ALASKA SEAFOOD PRODUCERS, INC. PO BOX 1027, NEWPORT, OR 97365 ...... LLC2187 ALASKA TROJAN FISHERIES 3859 YAQUINA BAY RD, NEWPORT, OR 97365 .. LLC3873 ALASKAN BEAUTY, LLC C/O FMS INC, 620 SIXTH ST S, KIRKLAND, WA LLC3301 98033. ALEUTIAN BALLAD, INC. 112 HARRISON AVE, CENTRALIA, WA 98531 ..... LLC3170 ALEUTIAN MARINER, LLC 5470 SHILSHOLE AVE NW, STE 410, SEATTLE, LLC3587 WA 98107. ALEUTIAN SHELLFISH, INC. PO BOX 17701, SEATTLE, WA 98107 ...... LLC1971 ALEUTIAN SPRAY FISHERIES, INC. 5470 SHILSHOLE AVE NW, STE 300, SEATTLE, LLC2095 WA 98107.

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QUALIFYING VOTERS—Continued

INTERIM OR NON-INTERIM CRAB NAME MAILING ADDRESS LICENSE NO.

ALEUTIAN SPRAY FISHERIES, INC. 5470 SHILSHOLE AVE NW, STE 300, SEATTLE, LLC2099 WA 98107. ALEUTIAN SPRAY FISHERIES, INC. 5470 SHILSHOLE AVE NW, STE 300, SEATTLE, LLC2097 WA 98107. ALEUTIAN SPRAY REVERSE LLC 2621 EASTLAKE AVE EAST, SEATTLE, WA LLC2555 98102. ALEUTIAN SPRAY, LLC 101 NICKERSON, STE 340, C/O PUGET SOUND LLC3861 ACCOUNTING, SEATTLE, WA 98109. AMATULI ENTERPRISES PO BOX 1404, EDMONDS, WA 98020–1404 ...... LLC2260 AMERICAN STAR & OWNERS 16 COLUMBIA KEY, BELLEVUE, WA 98006 ...... LLC3200 AMERICAN WAY FISHERIES, INC. 4044 CLIFFSIDE RD, KODIAK, AK 99615 ...... LLC1658 ANDRONICA, INC. 19239 40TH PL NE, SEATTLE, WA 98155 ...... LLC3809 ARCHIE GOULD PO BOX 347, KING COVE, AK 99612 ...... LLC3031 ARCTIC BARUNA, LLC 2629 NW 54TH, SEATTLE, WA 98072 ...... LLC2087 ARCTIC BARUNA, LLC 2629 NW 54TH, SEATTLE, WA 98072 ...... LLC2088 ARCTIC EAGLE, LLC 1212 NW CULBERTSON DR, SEATTLE, WA LLC3891 98177. ARCTIC MARINER, LLC 5470 SHILSHOLE AVE NW, STE 410, SEATTLE, LLC3585 WA 98107. ARCTIC SUN FISHERIES, INC. 11825 SE EASTBOURNE LANE, PORTLAND, OR LLC2366 97236. ARCTIC VENTURES, INC. 101 NICKERSON ST, STE 340, SEATTLE, WA LLC3047 98109. ARTHUR W. FOX PO BOX 1713, KODIAK, AK 99615 ...... LLC1716 ATLANTICO, INC. PO BOX 129, SISTERS, OR 97759 ...... LLC2471 AUTUMN DAWN PARTNERSHIP 1445 NW 56TH ST, SEATTLE, WA 98107–3726 ... LLC1808 BARBARA J PARTNERSHIP 5303 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC3824 BEAUTY BAY, INC. 1223 PARKWAY DR, RICHMOND, CA 94803 ...... LLC3618 BELLA K OF SEATTLE, LLC PO BOX 17911, SEATTLE, WA 98107 ...... LLC2020 BELLA K OF SEATTLE, LLC PO BOX 17911, SEATTLE, WA 98107 ...... LLC3661 BERING FIVE, INC 62975 NE TUMALT RD, CASCADE LOCKS, OR LLC4743 97014. BERING STAR, LLC C/O H.A.S., P.O. BOX 17012, SEATTLE, WA LLC3889 98107–0712. BERING STAR, LLC C/O H.A.S., P.O. BOX 17012, SEATTLE, WA LLC3965 98107–0712. BIG BLUE FISHERIES PO BOX 663, CATHLAMET, WA 98612 ...... LLC1766 BLUE ALEUTIAN, LLC 2930 WESTLAKE AVE N, #300, SEATTLE, WA LLC3849 98109. BLUE ATTU, LLC 2930 WESTLAKE AVE N, #300, SEATTLE, WA LLC3974 98109. BLUE BOATS CORP. 5470 SHILSHOLE AVE NW, STE 500, SEATTLE, LLC2093 WA 98107. BLUE DUTCH, LLC 2930 WESTLAKE AVE N, #300, SEATTLE, WA LLC3846 98109. BOWLDEN, INC. 12616 25TH SE, EVERETT, WA 98208 ...... LLC4019 BREKKAA FISHERIES, INC. 1707 NW 56TH, SEATTLE, WA 98107 ...... LLC3278 BRISTOL FIVE, INC. 62975 NE TUMALT RD, CASCADE LOCKS, OR LLC1891 97014. BRISTOL MARINER, LLC 5470 SHILSHOLE AVE NW, STE 410, SEATTLE, LLC3579 WA 98107. BRUCE E. JOYCE 3535 SE CORA DR, PORTLAND, OR 91202 ...... LLC2701 CAPRICE, INC. 164 PELICAN WAY, FRIDAY HARBOR, WA 98250 LLC2753 CASCADE MARINER, LLC 5470 SHILSHORE AVE NW #410, SEATTLE, WA LLC3459 98107. CELTIC SEAS, INC. PO BOX 17701, SEATTLE, WA 98107 ...... LLC4860 CHARLES G. JOHNSON PO BOX 813, KODIAK, AK 99615 ...... LLC2058 CHARLES G. JOHNSON PO BOX 813, KODIAK, AK 99615 ...... LLC3680 CHARLES REHDER PO BOX 2065, HOMER, AK 99603 ...... LLC3340 COLLINS FISHERIES, INC. PO BOX 736, OAK HARBOR, WA 98277 ...... LLC3947 CONTROLLER BAY, JOINT VENTURE 1 DOGWOOD PL, EDMONDS, WA 98020 ...... LLC3342 COREY K. WILSON PO BOX 267, KING COVE, AK 99612 ...... LLC3127 COUGAR INDUSTRIES, INC. 4711 CHEROKEE LANE, NEWPORT, OR 97365 .. LLC2514 COURAGEOUS SEAFOODS 4502 14TH AVE NW, SEATTLE, WA 98107 ...... LLC1577 DAR-JEN, INC. PO BOX 3128, KODIAK, AK 99615 ...... LLC3093 DEBRA D, INC. 16559 KAMB RD, MOUNT VERNON, WA 98273 ... LLC3850 DECEPTION FISHERIES PO BOX 1144, PETERSBURG, AK 99833 ...... LLC3290 DEEP SEA FISHERIES, INC. 3900 RAILWAY AVE, EVERETT, WA 98201 ...... LLC1418 DEEP SEA HARVESTER, INC. 3900 RAILWAY AVE, EVERETT, WA 98201 ...... LLC2888 DENNIS DEAVER 1223 PARKWAY DR, RICHMOND, CA 94803 ...... LLC1923 DESTINATION, INC. PO BOX 17701, SEATTLE, WA 98107 ...... LLC3328

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QUALIFYING VOTERS—Continued

INTERIM OR NON-INTERIM CRAB NAME MAILING ADDRESS LICENSE NO.

DIAMOND HEAD, INC. 3955 NIELSON CIRCLE, STE A, HOMER, AK LLC1947 99603–7714. DIAMONDBACK SEAFOODS, INC. 916 DELANEY ST, ANCHORAGE, AK 99501 ...... LLC1156 DIAMONDBACK SEAFOODS, INC. 916 DELANEY ST, ANCHORAGE, AK 99501 ...... LLC1380 DIAMONDBACK SEAFOODS, INC. 916 DELANEY ST, ANCHORAGE, AK 99501 ...... LLC2345 DONA MARTITA LLC 20308 DAYTON AVE N, SHORELINE, WA 98133 LLC2788 EARLY DAWN LLC 7215 156TH ST SOUTHWEST, EDMONDS, WA LLC3193 98026. ELIZABETH F, INC. PO BOX 1275, KODIAK, AK 99615 ...... LLC1274 ENTRANCE POINT, INC. 3543 LOWER HONOAPITLANI, LAHAINA, HI LLC1782 96761. ERLA-N, LLC 18509 8TH AVE NW, SEATTLE, WA 98177 ...... LLC2215 ERLA-N, LLC 18509 8TH AVE NW, SEATTLE, WA 98177 ...... LLC3857 ESTATE OF CARL A KOSO PO BOX 237, KING COVE, AK 99612 ...... LLC3484 EVENING STAR, INC. 4019 21ST AVE W, SEATTLE, WA 98199 ...... LLC3903 EVENING STAR, INC. 4019 21ST AVE W, SEATTLE, WA 98199 ...... LLC3905 EXCELLER FISHERIES, INC. PO BOX 5993, BELLINGHAM, WA 98227 ...... LLC1314 F. JAMES KOCH PO BOX 1243, LEWISTON, ID 83501 ...... LLC2742 F/V AJ, LLC 2200 6TH AVE, SUITE 710, SEATTLE, WA 98121 LLC3655 F/V ARCTIC WIND, LLC 5470 SHILSHOLE AVE NW, STE 500, SEATTLE, LLC4010 WA 98107. F/V KATIE K & OWNERS 1101 EMERALD HILLS DR, EDMONDS, WA LLC3687 98020. F/V KETA, INC. PO BOX 17701, SEATTLE, WA 98107 ...... LLC3632 F/V LADY BLACKIE, LLC 916 DELANEY ST, ANCHORAGE, AK 99501 ...... LLC1960 F/V MAVERICK, LLC BOOKEEPERS PLUS, 4875 ASH ST, ASTORIA, LLC3196 OR 97103. F/V NORTH WIND, INC. 1441 NORTHLAKE WAY, SEATTLE, WA 98103 .... LLC1639 F/V PINNACLE, INC. 19618 61ST AVE SE, SNOHOMISH, WA 98290 .... LLC3356 F/V SEA ERN & OWNERS 10761 E LAKE JOY DR NE, CARNATION, WA LLC3224 98014. F/V SEABROOKE ENTERPRISES, LLC 83972 EASTSIDE RD, MILTON-FREEWATER, OR LLC2925 97862. FAIRWEATHER FISHERIES, INC. 2225 OCEANVIEW DR, NEWPORT, OR 97365 ..... LLC1733 FAIRWEATHER FISHERIES, INC. 2225 OCEANVIEW DR, NEWPORT, OR 97365 ..... LLC2943 FANNINGS DENALI, INC. 164 PELICAN WAY, FRIDAY HARBOR, WA 98250 LLC3334 FAR NORTH FISHERMEN, INC. 6947 COAL CREEK PARKWAY SE, STE 238, LLC1285 NEW CASTLE, WA 98059. FARWEST LEADER PARTNERSHIP 5303 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC2941 FIERCE ALLEGIANCE, LLC 7215 156TH ST SOUTHWEST, EDMONDS, WA LLC3472 98026. FLYING CLOUD PARTNERSHIP TRIDENT SEAFOODS, 5303 SHILSHOLE AVE LLC2206 NW, SEATTLE, WA 98107. FOUR DAUGHTERS, INC. RT 8, BOX 113, MANKATO, MN 56001 ...... LLC3383 FRANCIS M NW, LLC 164 PELICAN WAY, FRIDAY HARBOR, WA 98250 LLC4681 FRANK MCFARLAND PO BOX 364, NOME, AK 99762 ...... LLC2770 FURY GROUP, INC. 6401 26TH AVE NW, SEATTLE, WA 98107 ...... LLC1539 FURY GROUP, INC. 6401 26TH AVE NW, SEATTLE, WA 98107 ...... LLC2621 FURY GROUP, INC. 6401 26TH AVE NW, SEATTLE, WA 98107 ...... LLC2540 FY FISHERIES, INC. PO BOX 352, NEWPORT, OR 97365 ...... LLC2790 GENE E. WATSON 949 WILDWOOD RD, CURTIS, WA 98538 ...... LLC3297 GLACIER BAY FISHERIES, LLC C/O FMS, INC, 620 SIXTH STREET SOUTH, LLC3733 KIRKLAND, WA 98033. GLEN EVANS 583 S MICHAEL WAY, CAMANO ISLAND, WA LLC3382 98292. GOLDEN DAWN, LLC 5303 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC3735 GOLDEN PISCES, INC. PO BOX 1523, NEWPORT, OR 97365 ...... LLC3856 GOLDEN SHAMROCK, INC. FISHERMEN’S TERMINAL, 4005 20TH AVE W, LLC2063 STE 218, SEATTLE, WA 98199. GORDON E. GILES PO BOX 127, SELDOVIA, AK 99663 ...... LLC1434 GREAT WEST SEAFOODS, L.P. 511 W COMSTOCK ST, SEATTLE, WA 98119 ...... LLC1849 GULF WINDS LLC 3600 15 TH AVE W, SEATTLE, WA 98119 ...... LLC3135 GUNN SEA VENTURE, LLC 1445 NW 56TH ST, SEATTLE, WA 98107–3726 ... LLC3559 GUNN-WIDING ENTERPRISES PO BOX 1404, EDMONDS, WA 98020 ...... LLC3218 GUSTAFSON FISHERIES, INC. PO BOX 8573, KODIAK, AK 99615 ...... LLC3598 HAERLING ENTERPRISES, INC. 2209 THEA COURT, MILTON, WA 98354 ...... LLC3283 HAL LEWIS PO BOX 920571, DUTCH HARBOR, AK 99692 ..... LLC3700 HANSEN ENTERPRISES, INC. 18361 8TH AVE NW, SEATTLE, WA 98177 ...... LLC3276 HARLAN DEAN PO BOX 61, STRYKER, MT 59933 ...... LLC2808 HARVESTER ENTERPRISES, LLC C/O PUDGET SOUND ACCOUNTING, 101 NICK- LLC2326 ERSON ST #340, SEATTLE, WA 98109.

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QUALIFYING VOTERS—Continued

INTERIM OR NON-INTERIM CRAB NAME MAILING ADDRESS LICENSE NO.

HENRY W. STREICH 18496 43RD AVE NE, LAKE FOREST PARK, WA LLC3705 98155. HEUKER BROS., INC. 62975 NE TUMALT RD, CASCADE LOCKS, OR LLC1814 97014. HEUKER BROS., INC. 62975 NE TUMALT RD, CASCADE LOCKS, OR LLC3590 97014. HIGH SPIRIT, INC. PO BOX 1523, C/O DENNIS P. MCMANUS JR LLC4845 CPA, NEWPORT, OR 97365. HIGHLAND LIGHT SEAFOODS LLC. 3600 15TH AVE W, STE 300, SEATTLE, WA LLC2834 98119. HIGHLAND LIGHT SEAFOODS LLC. 3600 15TH AVE W, STE 300, SEATTLE, WA LLC3952 98119. HJELLE ENTERPRISES, INC. PO BOX 17012, SEATTLE, WA 98127 ...... LLC3319 HJELLE ENTERPRISES, INC. PO BOX 17012, SEATTLE, WA 98127 ...... LLC3887 HORIZON FISHERIES, LLC 5470 SHILSHOLE AVE N, STE 500, SEATTLE, LLC3844 WA 98107. HUSKY CO-OWNERS PO BOX C–5030, SEATTLE, WA 98105 ...... LLC3664 ICELANDER, INC. PO BOX 2074, KODIAK, AK 99615 ...... LLC2874 ICICLE SEAFOODS, INC. 4019 - 21ST AVE W, SEATTLE, WA 98199 ...... LLC2351 ICICLE SEAFOODS, INC. 4019 - 21ST AVE W, SEATTLE, WA 98199 ...... LLC2699 ICY BAY, INC. C/O PUGET SOUND ACCOUNTING, 101 NICK- LLC1725 ERSON, STE 340, SEATTLE, WA 98109. ILDHUSO FISHERIES, INC. 101 NICKERSON, STE 340, SEATTLE, WA 98109 LLC1997 INCENTIVE FISHERIES, LLC PO BOX 4008, KODIAK, AK 99615 ...... LLC3249 JAMES R. NIEMELA PO BOX 2382, HOMER, AK 99603 ...... LLC2362 JEFF T. STEELE PO BOX 1732, KODIAK, AK 99615 ...... LLC2762 JEFF T. STEELE PO BOX 1732, KODIAK, AK 99615 ...... LLC2817 JOSE RAUL CASTILLO PO BOX 568, UNALASKA, AK 99685 ...... LLC2570 JOSE RAUL CASTILLO PO BOX 568, UNALASKA, AK 99685 ...... LLC3527 K H COLBURN, INC 3117 E AMES LAKE DR NE, REDMOND, WA LLC3657 98053. KALDESTAD FISHERIES LTD. 5470 SHILSHOLE AVE NW, STE 410, SEATTLE, LLC3577 WA 98107. KARI MARIE FISHERIES, LLC 9784 MARINE VIEW DR, MUKILTEO, WA 98275 .. LLC3553 KARIN LYNN FISHERIES, INC. 3900 RAILWAY AVE, EVERETT, WA 98201 ...... LLC3332 KATRINA-EM, INC. PO BOX 3065, KODIAK, AK 99615 ...... LLC2778 KDS, INC. PO BOX 308, SILVANA, WA 98287 ...... LLC3716 KDS, INC. PO BOX 308, SILVANA, WA 98287 ...... LLC2775 KENDRICK BAY LTD. PARTNERS PO BOX 5030, SEATTLE, WA 98105 ...... LLC3675 KENNETH M. SIMPSON PO BOX 240449, ANCHORAGE, AK 99524–0449 LLC1279 KEVIN SUYDAM PO BOX 980, KODIAK, AK 99615 ...... LLC3264 KEVIN SUYDAM PO BOX 980, KODIAK, AK 99615 ...... LLC3337 KEVIN SUYDAM PO BOX 980, KODIAK, AK 99615 ...... LLC4552 KEVIN SUYDAM PO BOX 980, KODIAK, AK 99615 ...... LLC5383 KEVIN SUYDAM PO BOX 980, KODIAK, AK 99615 ...... LLC3894 KEVLEEN K, LLC 4241 21ST AVE W, STE 100, SEATTLE, WA LLC3462 98199. KIRSTEN MARIE FISHERIES, LLC 9784 MARINE VIEW DR, MUKILTEO, WA 98275 .. LLC1729 KISKA SEA PARTNERSHIP 3859 YAQUINA BAY RD, NEWPORT, OR 97365 .. LLC3116 KODIAK QUEEN, INC. 349 NW 137TH ST, SEATTLE, WA 98177 ...... LLC3879 KRISTIAN E. POULSEN ENT., INC. 1143 NW 45TH ST, SEATTLE, WA 98107 ...... LLC1863 KRISTIAN E. POULSEN ENT., INC. 1143 NW 45TH ST, SEATTLE, WA 98107 ...... LLC1882 KRISTIAN E. POULSEN ENT., INC. 1143 NW 45TH ST, SEATTLE, WA 98107 ...... LLC1885 L.T.D., INC. PO BOX 3415, KODIAK, AK 99615 ...... LLC1450 LABRADOR GROUP PO BOX C–5030, SEATTLE, WA 98105 ...... LLC2037 LADY HELEN LLC 606 N 178TH ST, SHORELINE, WA 98133 ...... LLC3737 LADY JOANNE, INC. PO BOX 17701, SEATTLE, WA 98107 ...... LLC2223 LANGESATER FISHERIES, INC. 19731 21ST AVE NW, SEATTLE, WA 98177 ...... LLC2695 LARRY J. SHAISHNIKOFF PO BOX 45, UNALASKA, AK 99685 ...... LLC2007 LARRY O. HENDRICKS PO BOX 17701, SEATTLE, WA 98107 ...... LLC2546 LEE ROSE, INC. PO BOX 712, GRAYLAND, WA 98547 ...... LLC4730 LIBERATOR FISHERIES, LLC 5470 SHILSHOLE AVE NW, STE 300, SEATTLE, LLC3638 WA 98107. LIGHTSHIP, INC. PO BOX 1404, EDMONDS, WA 98020 ...... LLC3107 LISA MARIE FISHERIES, LLC 301 CALISTA COURT, ANCHORAGE, AK 99518 .. LLC1671 LONGRICH ENTERPRISES, INC. PO BOX 2494, KODIAK, AK 99615 ...... LLC1453 LUDGER DOCHTERMANN PO BOX 714, KODIAK, AK 99615 ...... LLC2750 MAR DEL SUD, LTD. PO BOX 1573, KODIAK, AK 99615 ...... LLC2646 MARCY J., INC. 1217 KOUSKOV, KODIAK, AK 99615 ...... LLC2279 MARGUN ENTERPRISES, LLC 101 NICKERSON STE 340, SEATTLE, WA 98109 LLC3629 MARK F. DONOVICK PO BOX 1638, WESTPORT, WA 98595 ...... LLC4875

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QUALIFYING VOTERS—Continued

INTERIM OR NON-INTERIM CRAB NAME MAILING ADDRESS LICENSE NO.

MARK I, INC. 511 W COMSTOCK ST, SEATTLE, WA 98119 ...... LLC2638 MARK MARING II, INC. 130 NICKERSON ST, STE 212, SEATTLE, WA LLC3954 98109. MARWIN, INC. PO BOX 509, PETERSBURG, AK 99833 ...... LLC1801 MATTHEW HEGGE PO BOX 3388, KODIAK, AK 99615 ...... LLC2106 MATTSEN FISHERIES, INC. PO BOX 2686, POULSBO, WA 98370 ...... LLC2577 MATTSEN FISHERIES, INC. PO BOX 2686, POULSBO, WA 98370 ...... LLC3541 MELANIE, INC. PO BOX 557, DEPOE BAY, OR 97341 ...... LLC2763 MGF FISHERIES, INC. PO BOX 17701, SEATTLE, WA 98107 ...... LLC3295 MICHEAL K. KING PO BOX 238, MAGNOLIA SPRINGS, AL 36555 .... LLC3020 MISTY BLUE, INC. NORTHERN LIGHTS HAVEN, YAKUTAT, AK LLC1485 99689. NEPTUNE, LLC 2615 4TH AVE, STE 700, SEATTLE, WA 98121 ... LLC2156 NEW ERA PARTNERSHIP 3901 LEARY AVE NW, STE 9, SEATTLE, WA LLC3968 98107. NEWMAN FISHERIES, INC. PO BOX 165, KING COVE, AK 99612 ...... LLC3922 NINILICHIK LTD. PARTNERSHIP 12000 INDUSTRY WA N3, ANCHORAGE, AK LLC3931 99515. NORDIC MARINE, INC. 200 W 34TH AVE, STE 981, ANCHORAGE, AK LLC3274 99503. NORDIC MARINER, LLC 5470 SHILSHOLE AVE NW, STE 410, SEATTLE, LLC2309 WA 98107. NORDIC STAR FISHERIES, INC. 4224 S DRIFTWOOD DR, SPOKANE, WA 99206 LLC2629 NORDIC VIKING, LLC PO BOX 129, SISTERS, OR 97759 ...... LLC3989 NORQUEST SEAFOODS, INC. 5245 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC3331 NORQUEST SEAFOODS, INC. 5245 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC3698 NORQUEST SEAFOODS, INC. 5245 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC3696 NORSEMAN FISHERIES, INC. 11524 3RD AVE NW, SEATTLE, WA 98199 ...... LLC1243 NORTH AMERICAN, INC. 250 NW 39TH ST, STE 5, SEATTLE, WA 98107 ... LLC3087 NORTH PACIFIC, LLC C/O FMS INC, 620 SIXTH ST S, KIRKLAND, WA LLC3256 98033. NORTHERN MARINER, LLC 5470 SHILSHOLE AVE NW #410, SEATTLE, WA LLC3581 98107. NORTHERN ORION, INC. 130 NICKERSON ST, STE 212, SEATTLE, WA LLC3035 98109. NORTHERN ORION, INC. 130 NICKERSON ST, STE 212, SEATTLE, WA LLC5166 98109. NORTHPOINT FISHERIES PO BOX 714, KODIAK, AK 99615 ...... LLC2288 NOTORIOUS PARTNERSHIP 1445 NW 56TH ST, SEATTLE, WA 98107–3726 ... LLC3613 NUKA ISLAND, INC. PO BOX 2486, KODIAK, AK 99615 ...... LLC3813 OBSESSION LIMITED PARTNERSHIP 12000 INDUSTRY WAY N3, ANCHORAGE, AK LLC3934 99515. OCEAN BALLAD, INC. 112 HARRISON ST, CENTRALIA, WA 98531 ...... LLC3195 OCEAN BALLAD, INC. 112 HARRISON ST, CENTRALIA, WA 98531 ...... LLC3914 OCEAN BALLAD, INC. 112 HARRISON ST, CENTRALIA, WA 98531 ...... LLC3916 OCEAN CAPE, LLC PO BOX 17701, SEATTLE, WA 98107 ...... LLC3644 OCEAN FISHERIES, LLC 7216 INTERLAAKEN DR, LAKEWOOD, WA 98499 LLC3945 OCEAN OLYMPIC LLC C/O FMS INC, 620 SIXTH ST S, KIRKLAND, WA LLC3941 98033. OCEAN STORM FISHERIES, INC. 2273 66TH AVE SE, MERCER ISLAND, WA LLC3659 98040. OCEAN VIKING LLC 7216 INTERLAAKEN DR SW, LAKEWOOD, WA LLC1229 98499. ODIAK MARITIME PO BOX 135, CORDOVA, AK 99574 ...... LLC3061 OLUF K. VEDOY 10825 159TH ST SE, SNOHOMISH, WA 98290 .... LLC1946 OSTROM FISHERIES, INC. PO BOX 1957, PRIEST RIVER, ID 83856 ...... LLC3646 PAC MARINER, LLC 5470 SHILSHOLE AVE NW, STE 410, SEATTLE, LLC3583 WA 98107. PACIFIC DRAGGERS, INC. PO BOX 352, NEWPORT, OR 97365 ...... LLC3494 PACIFIC RIM FISHERIES, INC. 410 BELLEVUE WAY SE, STE 304, BELLEVUE, LLC3230 WA 98004. PACIFIC STAR FISHERIES, LLC 620 6TH STREET SOUTH, KIRKLAND, WA 98033 LLC4857 PAR-PAC, INC. 3711 CARNEGIE DR SE, OLYMPIA, WA 98503 .... LLC2252 PAUL GRONHOLDT PO BOX 288, SAND POINT, AK 99661 ...... LLC3384 PAVLOF, INC. 4024 22ND AVE W, SEATTLE, WA 98199 ...... LLC1740 PENINSULA SALMON, INC. 164 PELICAN WAY, FRIDAY HARBOR, WA 98250 LLC3401 POINT FIVE, INC 62975 NE TUMALT RD, CASCADE LOCKS, OR LLC1937 97014. POLAR SEA PARTNERSHIP 17010 12TH AVE NW, SHORELINE, WA 98177– LLC1826 3825.

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QUALIFYING VOTERS—Continued

INTERIM OR NON-INTERIM CRAB NAME MAILING ADDRESS LICENSE NO.

PORT LYNCH, INC. 6920 ROOSEVELT WAY NE #M3, SEATTLE, WA LLC5663 98115. PROFS. FISHERMEN’S ASSOC., INC. PO BOX 669, BELLINGHAM, WA 98227 ...... LLC3106 PROVIDER, INC. PO BOX 37, KODIAK, AK 99615 ...... LLC2781 PROWLER, LLC PO BOX 1364, PETERSBURG, AK 99833 ...... LLC3682 Q & S ENTERPRISES, INC. PO BOX 70591, SEATTLE, WA 98107 ...... LLC1817 R.W. BARK CORP. 375 SKI HILL, LEAVENWORTH, WA 98826 ...... LLC1994 RAGNVALD SVINO 16905 13TH AVE NW, SHORELINE, WA 98177 .... LLC1391 RAINIER INVESTMENTS, INC. 605 12TH AVE N, EDMONDS, WA 98020 ...... LLC2170 RAINIER INVESTMENTS, INC. 605 12TH AVE N, EDMONDS, WA 98020 ...... LLC3417 RAINIER INVESTMENTS, INC. 605 12TH AVE N, EDMONDS, WA 98020 ...... LLC2172 RAYMOND L. BELLAMY 62084 SKYLINE DR, HOMER, AK 99603 ...... LLC3338 RELIANCE, INC. PO BOX 17701, SEATTLE, WA 98107 ...... LLC3333 RETRIEVER CO-OWNERS PO BOX 5030, SEATTLE, WA 98105–0030 ...... LLC3669 RICHARD L. SHELFORD PO BOX 12946, MILL CREEK, WA 98082–2946 ... LLC3091 RICHARD NEWBY 2510 ASPEN DR, ANCHORAGE, AK 99517 ...... LLC1966 ROBERT J. GUNDERSON PO BOX 344, KODIAK, AK 99615 ...... LLC1720 ROBERT NEHUS PO BOX 1002, UNALASKA, AK 99685 ...... LLC3010 ROMANZOF FISHING COMPANY LLC 4502 14TH AVE NW, SEATTLE, WA 98107 ...... LLC1579 RONALD J. TENNISON 4248 UPPAL DR, BELLINGHAM, WA 98226 ...... LLC3114 RONALD K. KECHTER PO BOX 68, PORT ANGELES, WA 98362 ...... LLC2195 RONALD PETERSON 101 NICKERSON ST, STE 340, SEATTLE, WA LLC3967 98177. RONALD R. BRILL 5470 SHISHOLE AVE NW #410, SEATTLE, WA LLC3956 98107. RONDYS, INC. 5349 229TH AVE SE, ISSAQUAH, WA 98029 ...... LLC3898 RONDYS, INC. 5349 229TH AVE SE, ISSAQUAH, WA 98029 ...... LLC2884 ROY RASMUSSEN 15825–2 VILLAGE GREEN DR, MILL CREEK, WA LLC3960 98012. ROYAL AMERICAN FISHERIES, LLC 511 W COMSTOCK ST, SEATTLE, WA 98119 ...... LLC1754 ROYAL PACIFIC, LLC 9784 MARINE VIEW DR, MUKILTEO, WA 98275 .. LLC1731 ROYAL VIKING, INC. 5303 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC2236 ROYAL VIKING, INC. 5303 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC2625 ROYAL VIKING, INC. 5303 SHILSHOLE AVE NW, SEATTLE, WA 98107 LLC2601 RSD FISHERIES, LLC PO BOX 12946, MILL CREEK, WA 98082 ...... LLC1973 RSD FISHERIES, LLC PO BOX 12946, MILL CREEK, WA 98082 ...... LLC1975 RUFF & REDDY, INC. PO BOX 129, SISTERS, OR 97759 ...... LLC3982 SAGAKA FISHING, INC. PO BOX 8101, KODIAK, AK 99615 ...... LLC2078 SAN JUAN SEAFOODS, INC PO BOX 220, BELLINGHAM, WA 98225 ...... LLC3742 SAN JUAN SEAFOODS, INC PO BOX 220, BELLINGHAM, WA 98225 ...... LLC3750 SAN JUAN SEAFOODS, INC PO BOX 220, BELLINGHAM, WA 98225 ...... LLC3757 SANKO FISHERIES, LLC 3900 RAILWAY AVE, EVERETT, WA 98201 ...... LLC3806 SCANDIES LTD PARTNERSHIP 2442 NW MARKET ST ιnumsign;656, SEATTLE, LLC3336 WA 98107. SEA FISHER LLC 1120 NW 51ST ST, SEATTLE, WA 98107 ...... LLC3917 SEA ROVER, LLC 1136 VISTA PL, EDMONDS, WA 98020 ...... LLC3723 SEA SPRAY, LLC 1900 W NICKERSON ST #213, SEATTLE, WA LLC2289 98119. SEA STORM LIMITED PARTNERSHIP 400 N 34TH ST, STE 306, SEATTLE, WA 98103 .. LLC1896 SEVENTH SON, INC. 15209 72ND AVE NE, KENMORE, WA 98028 ...... LLC3930 SHELIKOF MARITIME, INC. 2629 NW 54TH, SEATTLE, WA 98107 ...... LLC2120 SHISHALDIN, LLC 1445 NW 56TH ST, SEATTLE, WA 98107 ...... LLC1734 SIBERIAN SEA PARTNERSHIP 3859 YAQUINA BAY RD, NEWPORT, OR 97365 .. LLC3197 SILENT LADY, INC. PO BOX 17701, SEATTLE, WA 98107 ...... LLC3326 SILVER SPRAY SEAFOODS, LLC PO BOX 129, SISTERS, OR 97759 ...... LLC3984 SITKIN ISLAND, INC. 130 NICKERSON ST, STE 212, SEATTLE, WA LLC3033 98109. SITKIN ISLAND, INC. 130 NICKERSON ST, STE 212, SEATTLE, WA LLC5162 98109. SNOW KING, INC. 1917 N BEAVER CK RD, SEAL ROCK, OR 97376 LLC3213 SPIRIT OF THE NORTH FISHERIES, INC. 355 NE GOLF COURSE DR, NEWPORT, OR LLC1673 97365. ST. GEORGE MARINE, INC. 6439 NE 188TH ST, KENMORE, WA 98028 ...... LLC3379 SULTAN, LLC 2930 WESTLAKE AVE N #300, SEATTLE, WA LLC3848 98109. SUSITNA MARITIME, INC. PO BOX 54, HOMER, AK 99603 ...... LLC3457 TAMARACK VENTURES, LLC 17640 SE 295TH ST, KENT, WA 98042 ...... LLC3690 TEMPEST FISHERIES II, LLC 2930 WESTLAKE AVE N #300, SEATTLE, WA LLC4843 98109.

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QUALIFYING VOTERS—Continued

INTERIM OR NON-INTERIM CRAB NAME MAILING ADDRESS LICENSE NO.

THOMAS G. ANGLIN C/O KONA KAI PUGET SOUND ACCOUNTING, LLC3996 101 NICKERSON, STE 340, SEATTLE, WA 98109. THREE RIVERS, INC. OF ANACORTES 9119 DISTRICT LINE RD, BURLINGTON, WA LLC3670 98233. TIME BANDIT, LLC PO BOX 3643, HOMER, AK 99603 ...... LLC1625 TIMOTHY J. KENNEDY C/O BLUE ALEUTIAN LLC, 2930 WESTLAKE AVE LLC2818 N. #300, SEATTLE, WA 98109. TIMOTHY J. KENNEDY C/O BLUE ALEUTIAN LLC, 2930 WESTLAKE AVE LLC3330 N. #300, SEATTLE, WA 98109. TODD HINER PO BOX 671, KODIAK, AK 99615 ...... LLC3354 TRIDENT SEAFOODS CORPORATION ATTN: ALASKA SUPPORT, 5303 SHILSHOLE LLC2267 AVE NW, SEATTLE, WA 98107. TRIDENT SEAFOODS CORPORATION ATTN: ALASKA SUPPORT, 5303 SHILSHOLE LLC3788 AVE NW, SEATTLE, WA 98107. TRIDENT SEAFOODS CORPORATION ATTN: ALASKA SUPPORT, 5303 SHILSHOLE LLC2538 AVE NW, SEATTLE, WA 98107. TRIDENT SEAFOODS CORPORATION ATTN: ALASKA SUPPORT, 5303 SHILSHOLE LLC2515 AVE NW, SEATTLE, WA 98107. TRIDENT SEAFOODS CORPORATION ATTN: ALASKA SUPPORT, 5303 SHILSHOLE LLC2269 AVE NW, SEATTLE, WA 98107. TYNES ENTERPRISES, INC. F/V AMERICAN EAGLE AND OWNERS, 1212 NW LLC2544 CULBERTSON DR, SEATTLE, WA 98177. VESTERAALEN L.L.C. 4225 23 AVE W #; 100, SEATTLE, WA 98119 ...... LLC3530 VICTOR J. MULLEN PO BOX 2713, KODIAK, AK 99615 ...... LLC1792 VIEKODA BAY, LLC PO BOX 3282, KODIAK, AK 99615 ...... LLC3775 VIEKODA BAY, LLC PO BOX 3282, KODIAK, AK 99615 ...... LLC3777 WAHL FISHERIES, LLC 100 PORT DOCK RD, REEDSPORT, OR 97467 ... LLC3479 WAHL FISHERIES, LLC 100 PORT DOCK RD, REEDSPORT, OR 97467 ... LLC3557 WARDS COVE PACKING CO. PO BOX 5030, SEATTLE, WA 98105–0030 ...... LLC3003 WESTERN MARINER, LLC 5470 SHILSHOLE AVE NW 410, SEATTLE, WA LLC2321 98107. WILLIAM C. WILLIAMS 720 11TH ST, B1, BELLINGHAM, WA 98225 ...... LLC3911 WILLIAM CHOQUETTE 629 L ST, STE 101, ANCHORAGE, AK 99501 ...... LLC3711 WILLIAM R. RENFRO PO BOX 627, CATHLAMET, WA 98612 ...... LLC3296 WILLIAM T. GILBERT PO BOX 5705, BELLINGHAM, WA 98225 ...... LLC1906 WINDANCE FISHERIES, INC. 355 NE GOLF COURSE D, NEWPORT, OR 97365 LLC3191 WINDY BAY, INC. C/O PUGET SOUND ACCOUNTING, 101 NICK- LLC2061 ERSON, STE 340, SEATTLE, WA 98109. WIZARD FISHERIES, INC. 2442 NW MARKET ST, #438, SEATTLE, WA LLC1481 98107. ZOLOTOI PARTNERSHIP PO BOX 1064, SITKA, AK 99835 ...... LLC2920

Authority: 5 U.S.C. 561, 16 U.S.C. 1801 et DEPARTMENT OF COMMERCE 700 San Jacinto at 8th Street, Austin, seq., 16 U.S.C. 1861a(b) through (e), 46 App. TX; telephone: 512–476–3700. U.S.C. 1279f and 1279g, section 144(d) of National Oceanic and Atmospheric Council address: Gulf of Mexico Division B of Pub. L. 106–554, section 2201 Administration Fishery Management Council, 3018 U.S. of Pub. L. 107–20, and section 205 of Pub. Highway 301 North, Suite 1000, Tampa, L. 107–117 [I.D. 121503C] FL 33619. Dated: December 16, 2003. FOR FURTHER INFORMATION CONTACT: Gulf of Mexico Fishery Management Rebecca Lent, Wayne E. Swingle, Executive Director, Council; Public Meetings Deputy Assistant Administrator for Gulf of Mexico Fishery Management Regulatory Programs, National Marine AGENCY: National Marine Fisheries Council; telephone: (813) 228–2815. Fisheries Service. Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: [FR Doc. 03–31485 Filed 12–19–03; 8:45 am] Atmospheric Administration (NOAA), Council BILLING CODE 3510–22–S Commerce. ACTION: Notice of public meeting. January 14, 2004 8:30 a.m.--Convene. SUMMARY: The Gulf of Mexico Fishery 8:45 a.m. - 3:30 p.m.--Receive public Management Council will convene testimony on the Cooperative Texas public meetings. Shrimp DATES: The meetings will be held on Closure, Secretarial Reef Fish January 12–15, 2004. Amendment 1, and Draft Reef Fish ADDRESSES: These meetings will be held amendment 22 (Red Snapper Rebuilding at the Omni Austin Hotel Downtown, Plan).

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3:30 p.m. - 5 p.m.--Receive the Reef that contains alternatives for arresting identified in this notice and any issues Fish Management Committee report. overfishing of red grouper by the arising after publication of this notice 5 p.m. - 5:30 p.m.--(Closed Session) commercial and recreational fishermen; that require emergency action under Receive the report of the Joint as well as review and take final action section 305 (c) of the MSFCMA, Personnel/Administrative Policy on the Draft Reef Fish Amendment 22 provided the public has been notified of Committee. that contains alternatives for a red the Council’s intent to take final action snapper rebuilding plan. The species to address the emergency. A copy of the January 15, 2004 groupings for status determination Committee schedule and agenda can be 8:30 a.m. - 9 a.m.--Receive the Habitat criteria will also be discussed. The obtained by calling (813) 228–2815. Protection Committee report. Committee will also review the 9 a.m. - 9:15 a.m.--Receive the Shrimp Proposed Rule for Reef Fish Special Accommodations Management Committee report. Amendment 21 and address their intent These meetings are physically 9:15 a.m. - 9:45 a.m.--Receive the on the definition of surface trolling. The accessible to people with disabilities. Mackerel Management Committee Committee will address their intent on Requests for sign language report. Reef Fish Amendment 21’s definition of interpretation or other auxiliary aids 9:45 a.m. - 10 a.m.--Receive the Joint surface trolling. The Committee will should be directed to Anne Alford at the Reef Fish/Mackerel/Red Drum develop recommendations for Council (see ADDRESSES) by January 5, Management Committee report. consideration by full Council on 2004. 10 a.m. - 10:15 a.m.--Receive the Joint Wednesday afternoon. Dated: December 16, 2003. Reef Fish/Mackerel Management January 13, 2004 Richard W. Surdi, Committee Report. 8:30 a.m. - 9:30 a.m.--Convene the Acting Director, Office of Sustainable 10:15 a.m. - 10:30 a.m.--Receive the Fisheries, National Marine Fisheries Service. Red Drum Management Committee Shrimp Management Committee to [FR Doc. E3–00600 Filed 12–19–03; 8:45 am] report. review Draft Shrimp Amendment 13/EA 10:30 a.m. - 10:45 a.m.--Receive the that includes alternatives for status BILLING CODE 3510–22–S Joint Personnel/Administrative Policy criteria and benchmarks as well as a revised standardized bycatch reporting Committee report. DEPARTMENT OF COMMERCE 10:45 a.m. - 11 a.m.--Receive the Law methodology. The Committee will also Enforcement Committee report. review Texas Closure analyses. National Oceanic and Atmospheric 11 a.m. - 11:15 a.m.--Receive the 9:30 a.m. - 10:30 a.m.--Convene the Administration South Atlantic Fishery Management Red Drum Management Committee to Council (SAFMC) Liaison Report. hear the issue of shipping of stock [I.D. 121503B] 11:15 a.m. - 11:30 a.m.--Receive a across the EEZ and to discuss Gulf of Mexico Fishery Management report on the Gulf Safety Committee. overfishing of the stock. Council; Public Meeting 11:30 a.m. - 11:45 a.m.--Receive a 10:30 a.m. - 12 noon--Convene the report on the Joint Council meeting. Mackerel Management Committee to AGENCY: National Marine Fisheries 11:45 a.m. - 12 noon--Receive review the Options Paper for Service (NMFS), National Oceanic and Enforcement Reports. Amendment 15, discuss trip limit Atmospheric Administration (NOAA), 12 noon - 12:15 p.m.--Receive the revisions, and select scoping meeting Commerce. sites. NMFS Regional Administrator’s Report. ACTION: Notice of public meeting. 12:15 p.m. - 12:30 p.m.--Receive 1:30 p.m. - 2:30 p.m.--Convene the Director’s Reports. Joint Reef Fish/Mackerel Committees SUMMARY: The Gulf of Mexico Fishery 12:30 p.m. - 12:45 p.m.--Other will meet to review a scoping document Management Council will convene a Business for joint reef fish/mackerel limited public meeting of the Shrimp Advisory access program and select sites for Panel (AP). Committees scoping hearings. DATES: The Shrimp AP meeting is January 12, 2004 2:30 p.m. to 3 p.m.--Convene the Law scheduled to begin at 8:30 a.m. on Enforcement Committee to review the Friday, January 9, 2004. 8:30 a.m. - 9:30 a.m.--Convene a joint issue of criminal penalties under the meeting of the Personnel and Magnuson-Stevens Fishery ADDRESSES: The meeting will be held at Administrative Policy Committees to Conservation and Management Act the New Orleans Airport Hilton, 901 consider contracting a court reporter (MSFCMA) Airline Highway, Kenner, LA; and to discuss personnel issues. 3 p.m. to 5:30 p.m.--Convene the telephone: (504) 469–5000. 9:30 a.m. - 11:30 a.m.--Convene the Habitat Protection Committee to review Council address: Gulf of Mexico Joint Reef Fish/Mackerel/Red Drum the comments/response section of the Fishery Management Council, 3018 U.S. Management committees to review and Environmental Impact Statement (EIS) Highway 301 North, Suite 1000, Tampa, approve the Aquaculture Amendment for the Generic Essential Fish Habitat FL 33619. Scoping Document, select scoping (EFH) Amendment; and to hear FOR FURTHER INFORMATION CONTACT: Dr. hearing sites, and receive a presentation comments from the Texas Habitat Richard Leard, Senior Fishery Biologist, on a cage culture study. Protection Advisory Panel meeting. Gulf of Mexico Fishery Management 1 p.m. - 5:30 p.m.--Convene the Reef Although non-emergency issues not Council; telephone: (813) 228–2815. Fish Management Committee to review contained in the agenda may come SUPPLEMENTARY INFORMATION: The the Vermilion Snapper Draft before the Council for discussion, in Shrimp AP will receive reports from Amendment 23 that contains accordance with the Magnuson-Stevens NMFS on the status and health of the alternatives for arresting overfishing of Fishery Conservation and Management shrimp stocks as well as a report on the that stock by commercial and Act (MSFCMA), those issues may not be biological and economic aspects of the recreational fishermen. The committee the subject of formal Council action 2003 Cooperative Shrimp Closure with will also review and take final action on during this meeting. Council action will the state of Texas. The Shrimp AP may the Secretarial Reef Fish Amendment 1 be restricted to those issues specifically make recommendations for a

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cooperative closure with Texas for 2004. SUMMARY: The Gulf of Mexico Fishery stock assessment done, and its status is The Shrimp AP will also review Draft Management Council (Council) will unknown. Amendment 13 to the Shrimp Fishery convene public meetings of the Red On Wednesday, January 7, 2004, the Management Plan (FMP) addressing Snapper Advisory Panel (AP) and the AP and SSC will convene separately to maximum sustainable yield (MSY), Standing and Special Reef Fish discuss Draft Reef Fish Amendment 22, optimum yield (OY), minimum stock Scientific and Statistical Committee a red snapper rebuilding plan. Although size threshold (MSST), and maximum (SSC) from January 6 through January 7, there is a red snapper rebuilding plan fishing mortality threshold (MFMT) for 2004. currently in place, that plan was developed prior to implementation of shrimp stocks, as well as improved DATES: The Council’s Red Snapper AP effort alternatives and standardized and SSC will convene jointly at 2 p.m. the Sustainable Fisheries Act of 1996 (SFA), and it is not in full compliance bycatch reporting methodologies. The on Tuesday, January 6, 2004, to receive with provisions of the SFA. Draft Shrimp AP will also review an Options a presentation on the vermilion snapper Amendment 22 will create a new Paper for Amendment 14 that includes and make recommendations. The AP rebuilding plan that is in compliance by alternatives for vessel monitoring and SSC will hold separate meetings to establishing status determination systems (VMS), additional bycatch discuss Draft Reef Fish Amendment 22 criteria (minimum stock size threshold, reduction measures, and measures to (a red snapper rebuilding plan) maximum fishing mortality rate, reduce effort in order to achieve OY. beginning at 8:30 a.m. on Wednesday, maximum sustainable yield, and The Shrimp AP consists principally of January 7, 200, and will conclude by 3 optimum yield). Draft Amendment 22 commercial shrimp fishermen, dealers, p.m. and association representatives. will also contain alternatives to select a Although other non-emergency issues ADDRESSES: The meetings will be held at rebuilding strategy that will restore the not on the agenda may come before the the Hilton Tampa Airport Westshore red snapper stock within the time frame AP for discussion, in accordance with Hotel, 2225 Lois Avenue, Tampa, FL; allowed under SFA (the recovery time the Magnuson-Stevens Fishery telephone: 813–877–6688. in the absence of fishing mortality plus Conservation and Management Act, Council address: Gulf of Mexico one generation time, equal to 32 years those issues may not be the subject of Fishery Management Council, 3018 U.S. for red snapper). The amendment will formal action during these meetings. Highway 301 North, Suite 1000, Tampa, also contain alternatives to implement Actions of the AP will be restricted to FL 33619. or revise bycatch reporting those issues specifically identified in FOR FURTHER INFORMATION CONTACT: Mr. methodologies in the commercial and the agenda and any issues arising after Steven Atran, Population Dynamics recreational red snapper fisheries. publication of this notice that require Statistician, Gulf of Mexico Fishery The recommendations of the AP and emergency action under section 305(c) Management Council; telephone: 813– SSC will be presented to the Gulf of the Magnuson-Stevens Act, provided 228–2815. Council at its January 12–15, 2004 the public has been notified of the meeting in Austin, TX. At that meeting, SUPPLEMENTARY INFORMATION: The AP the Council will decide whether to Council’s intent to take action to and SSC will meet jointly on Tuesday, address the emergency. request a vermilion snapper stock January 6 2004 to receive a presentation assessment in place of a scamp Copies of the agenda can be obtained on the vermilion snapper catch-per- by calling 813–228–2815. assessment in 2005, and will take final unit-effort (CPUE) indices from the action on selection of proposed Special Accommodations NOAA Fisheries Southeast Fisheries alternatives for Amendment 22. This meeting is physically accessible Science Center. Vermilion snapper were Copies of the updated vermilion to people with disabilities. Requests for recently declared to be overfished by the snapper CPUE analyses and Draft Reef sign language interpretation or other NOAA Fisheries Regional Office, which Fish Amendment 22 can be obtained by auxiliary aids should be directed to triggers a requirement that the Council calling the Council office at 813–228– Trish Kennedy at the Council (see develop a rebuilding plan. However, the 2815 (toll-free 888–833–1844), or can be ADDRESSES) by December 29, 2003. most recent vermilion snapper stock downloaded from the Council website assessment was conducted in 2001 Dated: December 16, 2003. (http://www.gulfcouncil.org). using data through 1999, and some Although other non-emergency issues Richard W. Surdi, fishermen feel that it may not be not on the agenda may come before the Acting Director, Office of Sustainable representative of the current status of AP/SSC for discussion, in accordance Fisheries, National Marine Fisheries Service. the stock. The updated CPUE analyses, with the Magnuson-Stevens Fishery [FR Doc. E3–00601 Filed 12–19–03; 8:45 am] which uses data through 2002, will Conservation and Management Act, BILLING CODE 3510–22–S show if there has been any change in those issues may not be the subject of catch rates since 1999, but it is not a full formal action during these meetings. stock assessment. Based on the results Actions of the AP/SSC will be restricted DEPARTMENT OF COMMERCE of the new CPUE analyses, the AP and to those issues specifically identified in SSC will each be asked to recommend National Oceanic and Atmospheric the agendas and any issues arising after whether the Council should request a Administration publication of this notice that require new vermilion snapper stock emergency action under Section 305 (c) [I.D. 121503A] assessment from NOAA Fisheries. The of the Magnuson-Stevens Act, provided SSC will also be asked to evaluate the the public has been notified of the Gulf of Mexico Fishery Management scientific validity of the new CPUE Council’s intent to take action to Council; Public Meeting analyses. If a new stock assessment is address the emergency. requested, the earliest it could be done AGENCY: National Marine Fisheries Special Accommodations Service (NMFS), National Oceanic and is 2005, and it would replace a scamp Atmospheric Administration (NOAA), assessment that is currently scheduled This meeting is physically accessible Commerce. for that year. Scamp, one of the most to people with disabilities. Requests for commonly caught grouper species after sign language interpretation or other ACTION: Notice of public meeting. red grouper and gag, has never had a auxiliary aids should be directed to

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Trish Kennedy at the Council (see see 67 FR 68569, published on 7 Category 659pt.: all HTS numbers except ADDRESSES 6115.11.0010, 6115.12.2000, 6117.10.2030, ) by December 29, 2003. November 12, 2002. 6117.20.9030, 6212.90.0030, 6214.30.0000, Dated: December 16, 2003. James C. Leonard III, 6214.40.0000, 6406.99.1510 and 6406.99.1540. Richard W. Surdi, Chairman, Committee for the Implementation 8 Category 666pt.: all HTS numbers except Acting Director, Office of Sustainable of Textile Agreements. 5805.00.4010, 6301.10.0000, 6301.40.0010, Fisheries, National Marine Fisheries Service. 6301.40.0020, 6301.90.0010, 6302.53.0010, Committee for the Implementation of Textile 6302.53.0020, 6302.53.0030, 6302.93.1000, [FR Doc. E3–00602 Filed 12–19–03; 8:45 am] Agreements 6302.93.2000, 6303.12.0000, 6303.19.0010, BILLING CODE 3510–22–S 6303.92.1000, 6303.92.2010, 6303.92.2020, December 17, 2003. 6303.99.0010, 6304.11.2000, 6304.19.1500, Commissioner, 6304.19.2000, 6304.91.0040, 6304.93.0000, 6304.99.6020, 6307.90.9884, 9404.90.8522 Bureau of Customs and Border Protection, and 9404.90.9522. COMMITTEE FOR THE Washington, DC 20229 The Committee for the Implementation of IMPLEMENTATION OF TEXTILE Dear Commissioner: This directive amends, but does not cancel, the directive Textile Agreements has determined that AGREEMENTS these actions fall within the foreign affairs issued to you on November 1, 2002, by the exception to the rulemaking provisions of 5 Adjustment of Import Limits for Certain Chairman, Committee for the Implementation U.S.C. 553(a)(1). Cotton, Man-Made Fiber, Silk Blend of Textile Agreements. That directive Sincerely, and Other Vegetable Fiber Textiles and concerns imports of certain cotton, man- James C. Leonard III, Textile Products Produced or made fiber, silk blend and other vegetable Chairman, Committee for the fiber textiles and textile products, produced Manufactured in India Implementation of Textile Agreements. or manufactured in India and exported [FR Doc. E3–00608 Filed 12–19–03 8:45 am] December 17, 2003. during the twelve-month period which began BILLING CODE 3510–DR–S on January 1, 2003 and extends through AGENCY: Committee for the December 31, 2003. Implementation of Textile Agreements Effective on December 23, 2003, you are COMMITTEE FOR THE (CITA). directed to adjust the current limits for the IMPLEMENTATION OF TEXTILE following categories, as provided for under ACTION: Issuing a directive to the AGREEMENTS Commissioner, Bureau of Customs and the Uruguay Round Agreement on Textiles and Clothing: Denying Entry to Textiles and Textile Border Protection adjusting limits. Products Allegedly Manufactured by a Category Adjusted twelve-month Certain Factory in El Salvador EFFECTIVE DATE: December 23, 2003. limit 1 December 16, 2003. FOR FURTHER INFORMATION CONTACT: Ross Levels in Group I AGENCY: Committee for the Arnold, International Trade Specialist, 369–S 2 ...... 740,745 kilograms. Implementation of Textile Agreements Office of Textiles and Apparel, U.S. Group II (CITA). Department of Commerce, (202) 482– 200, 201, 220, 224– 191,947,246 square ACTION: 3 Issuing a directive to the 4212. For information on the quota 227, 237, 239pt. , meters equivalent. Commissioner, Bureau of Customs and 300, 301, 331pt. 4, status of these limits, refer to the Quota Border Protection to deny entry to Status Reports posted on the bulletin 332, 333, 352, 359pt. 5, 360–362, shipments allegedly manufactured by a boards of each Customs port, call (202) 603, 604, 611– certain factory in El Salvador. 927–5850, or refer to the Bureau of 620, 624–629, Customs and Border Protection website 631pt. 6, 633, 638, EFFECTIVE DATE: December 22, 2003. at http://www.customs.gov. For 639, 643–646, FOR FURTHER INFORMATION CONTACT: information on embargoes and quota re- 652, 659pt. 7, Janet Heinzen, International Trade openings, refer to the Office of Textiles 666pt. 8, 845, 846 Specialist, Office of Textiles and and Apparel website at http:// and 852, as a Apparel, U.S. Department of Commerce, group otexa.ita.doc.gov. (202) 482-3400. 1 The limits have not been adjusted to ac- SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: count for any imports exported after December 31, 2002. Authority: Section 204 of the Agricultural Authority: Section 204 of the Agricultural 2 Category 369–S: only HTS number Act of 1956, as amended (7 U.S.C. 1854); Act of 1956, as amended (7 U.S.C. 1854); 6307.10.2005. Executive Order 12475 of May 9, 1984, as Executive Order 11651 of March 3, 1972, as 3 Category 239pt.: only HTS number amended. amended. 6209.20.5040 (diapers). The U.S. Bureau of Customs and 4 Category 331pt.: all HTS numbers except Border Protection has conducted on-site The current limit for Group II is being 6116.10.1720, 6116.10.4810, 6116.10.5510, increased for special swing from 6116.10.7510, 6116.92.6410, 6116.92.6420, verification of textile and apparel Category 369-S, decreasing the limit for 6116.92.6430, 6116.92.6440, 6116.92.7450, production in a number of foreign Category 369-S to account for the 6116.92.7460, 6116.92.7470, 6116.92.8800, countries. Based on information 6116.92.9400 and 6116.99.9510. obtained through on-site verifications special swing being applied to Group II. 5 Category 359pt.: all HTS numbers except and from other sources, U.S. Customs A description of the textile and 6115.19.8010, 6117.10.6010, 6117.20.9010, 6203.22.1000, 6204.22.1000, 6212.90.0010, has informed CITA that certain apparel categories in terms of HTS 6214.90.0010, 6406.99.1550, 6505.90.1525, companies were illegally transshipping, numbers is available in the 6505.90.1540, 6505.90.2060 and were closed, or were unable to produce CORRELATION: Textile and Apparel 6505.90.2545. records to verify production. The Categories with the Harmonized Tariff 6 Category 631pt.: all HTS numbers except 6116.10.1730, 6116.10.4820, 6116.10.5520, Chairman of CITA has directed the U.S. Schedule of the United States (see 6116.10.7520, 6116.93.8800, 6116.93.9400, Customs Service to issue regulations Federal Register notice 68 FR 1599, 6116.99.4800, 6116.99.5400 and regarding the denial of entry of published on January 13, 2003). Also 6116.99.9530. shipments from such companies. (See

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Federal Register notice 64 FR 41395, Chairman, Committee for the Implementation Project Period: Up to 6 months for published on July 30, 1999). In order to of Textile Agreements. Phase I awards. Full Text of secure compliance with U.S. law, [FR Doc. E3–00598 Filed 12–19–03; 8:45 am] Announcement. including section 204 and U.S. customs BILLING CODE 3510–DR–S I. Funding Opportunity Description law, to carry out textile and textile product agreements, and to avoid Purpose of Program: The purpose of circumvention of textile agreements, the this program is to stimulate Chairman of CITA is directing the DEPARTMENT OF EDUCATION technological innovation, strengthen the Bureau of Customs and Border Institute of Education Sciences; role of small business in meeting Protection to deny entry, for two years, Overview Information; Small Business Department of Education research or to textile and textile products allegedly Innovation Research Program—Phase research and development (R/R&D) manufactured by Daewoo El Salvador, I Notice Inviting Applications for New needs, and increase the commercial S.A. de C.V. The Bureau of Customs and Awards for Fiscal Year (FY) 2004 application of innovations derived from Border Protection has informed CITA Department-supported research or that this company was found to have Catalog of Federal Domestic research and development. been illegally transhipping, closed, or Assistance (CFDA) Number: 84.305S For FY 2004, applicants must present unable to produce records to verify Dates: activities that focus on priorities listed production. Applications Available: December 22, in the Priorities section of this Should CITA determine that this 2003. application notice. decision should be amended, such Deadline for Transmittal of Priorities: amendment will be published in the Applications: 8 p.m. Eastern time, For FY 2004, we have selected two Federal Register. February 19, 2004. priorities for the SBIR program. An James C. Leonard III, Eligible Applicants: Each organization application must be limited to one submitting an application must qualify Chairman, Committee for the Implementation priority listed in this notice. Duplicate of Textile Agreements. as a small business concern as defined applications will be returned without by the Small Business Administration review. When an application is relevant Committee for the Implementation of Textile (SBA) at the time of the award. This Agreements to more than one priority, the applicant definition is included in the application must decide which priority is most December 16, 2003. package. relevant and submit it under that Commissioner, Firms with strong research priority only. However, there is no Bureau of Customs and Border Protection, capabilities in educational technologies, limitation on the number of different Washington, DC 20229. science, or engineering in any of the applications that an applicant may Dear Commissioner: The Bureau of priority areas listed in the application Customs and Border Protection has submit under this competition, even to conducted on-site verification of textile and package are encouraged to participate. the same priority. A firm may submit textile product production in a number of Consultative or other arrangements separate applications on different foreign countries. Based on information between these firms and universities or priorities, or different applications on obtained through on-site verifications and other non-profit organizations are the same priority, but each application from other sources, the Bureau of Customs permitted, but the small business must should respond to only one priority. and Border Protection has informed CITA serve as the grantee. that certain companies were illegally If it appears that an applicant Priorities transshipping, were closed, or were unable to organization does not meet the produce records to verify production. The We invite applications that meet one Chairman of CITA has directed the Bureau of eligibility requirements, we will request of the following priorities. Awards for Customs and Border Protection to issue an evaluation by the SBA. Under each priority will be made for amounts regulations regarding the denial of entry of circumstances in which eligibility is up to $100,000. shipments from such companies (see unclear, we will not make a Small directive dated July 27, 1999 (64 FR 41395), Business Innovation Research (SBIR) Priority 1—Services published on July 30, 1999). In order to award until the SBA makes a This priority supports research to secure compliance with U.S. law, including determination. develop effective business consulting Section 204 and U.S. customs law, to carry Estimated Available Funds: out textile and textile product agreements, services that can better serve the and to avoid circumvention of textile Approximately $3,000,000 for this education community at both the local agreements, the Chairman of CITA directs the competition for Phase I awards from the and State levels. The Institute’s SBIR Commissioner of the Bureau of Customs and Institute of Education Sciences program invites proposals that seek to Border Protection, effective for goods (Institute). The National Institute on develop a plan or a business model for exported on and after December 22, 2003 and Disability and Rehabilitation Research the provision of such services. More extending through December 21, 2005, to will announce another Phase I details about this priority can be found deny entry to textiles and textile products competition later in the fiscal year. in the application package. allegedly manufactured by the factory, Estimated Range of Awards: $75,000 Daewoo El Salvador, S.A. de C.V. The Bureau Priority 2—Products of Customs and Border Protection has to $100,000. informed CITA that this company was found Estimated Average Size of Awards: This priority supports the to have been illegally transshipping, closed, Approximately $100,000. development of empirically derived or unable to produce records to verify Maximum Award: We will reject any educational products in the areas of production. application that proposes a budget reading, mathematics, science or The Committee for the Implementation of exceeding $100,000 for a single budget character/pro-social development at the Textile Agreements has determined that this period of 6 months. pre-kindergarten through postsecondary action falls within the foreign affairs Estimated Number of Awards: 30 to exception to the rulemaking provisions of 5 levels, including products that support U.S.C. 553(a)(1). 35. teachers and administrators as well as Sincerely, Note: The Department is not bound by any products that are used directly by James C. Leonard III, estimates in this notice. students. More details about this

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priority can be found in the application eligibility requirements, we will request and the Federal Financial Assistance package. an evaluation by the SBA. Under Management Improvement Act of 1999, Successful applicants will be circumstances in which eligibility is (Pub. L. 106–107) encourage us to expected to collect some empirical unclear, we will not make an SBIR undertake initiatives to improve our evidence as to the effectiveness of the award until the SBA makes a grant processes. Enhancing the ability of service or product they are proposing, determination. individuals and entities to conduct or, at a minimum, to incorporate a plan 2. Cost Sharing or Matching: This business with us electronically is a for measuring its efficacy and program does not involve cost sharing major part of our response to these Acts. usefulness. or matching. Therefore, we are taking steps to adopt Program Authority: The Small the Internet as our chief means of Business Reauthorization Act of 2000, IV. Application and Submission Information conducting transactions in order to Pub. L. 106–554 (15 U.S.C. 631 and 638) improve services to our customers and and the Education Sciences Reform Act 1. Address to Request Application to simplify and expedite our business of 2002, Title I of Pub. L. 107–279 (20 Package: The application package is processes. U.S.C. 9501 et seq.). available at: http://www.ed.gov/ We are requiring that applications for Applicable Regulations: The programs/edresearch/applicant.html. grants under the Institute’s FY 2004 Education Department General You may address questions regarding SBIR Phase I competition be submitted Administrative Regulations (EDGAR) in this application package to: Joe Teresa, electronically to the following Web site: 34 CFR parts 74, 77, 81, 82, 85, 86, 97, U.S. Department of Education, Institute http://ies.constellagroup.com. 98 and 99. In addition 34 CFR part 75 of Education Sciences, 555 New Jersey Information on the software to be is applicable, except for the provisions Avenue, NW., room 608f, Washington, used will also be available at this site. in 34 CFR 75.100, 75.101(b), 75.102, DC 20208. Telephone: (202) 219–2046 75.103, 75.105, 75.109(a), 75.200, or by e-mail: [email protected]. V. Application Review Information 75.201, 75.209, 75.210, 75.211, 75.217, If you use a telecommunications Selection Criteria: The evaluation 75.219, 75.220, and 75.230. device for the deaf (TDD), you may call criteria for this competition are: the Federal Information Relay Service Significance—25 points; Quality of the II. Award Information (FIRS) at 1–800–877–8339. Project Design—50 points; Quality of Type of Award: Discretionary grants. Individuals with disabilities may Project Personnel—15 points; and Estimated Available Funds: obtain a copy of the application package Adequacy of Resources—10 points. Approximately $3,000,000 for Phase I in an alternative format (e.g., Braille, More information about the awards for this competition from the large print, audiotape, or computer evaluation criteria and about other Institute. The National Institute on diskette) by contacting the program application requirements can be found Disability and Rehabilitation Research contact person listed in this section. in the application package. will announce another Phase I However, the Department is not able to VI. Award Administration Information competition later in the fiscal year. reproduce in an alternative format the Estimated Range of Awards: $75,000 standard forms included in the 1. Award Notices: If your application to $100,000. application package. is successful, we notify your U.S. Estimated Average Size of Awards: 2. Content and Form of Application Representative and U.S. Senators and Approximately $100,000. Submission: Requirements concerning send you a Grant Award Notification Maximum Award: We will reject any the content of an application, together (GAN). We may also notify you application that proposes a budget with information about the forms you informally. exceeding $100,000 for a single budget must submit, are in the application If your application is not evaluated or period of 6 months. package for this program. The not selected for funding, we notify you. Estimated Number of Awards: 30 to application package is available at: 2. Administrative and National Policy 35. http://www.ed.gov/programs/ Requirements: We identify Note: The Department is not bound by any edresearch/applicant.html. administrative and national policy estimates in this notice. 3. Submission Dates and Times: requirements in the application package Project Period: Up to 6 months for Applications Available: December 22, and reference these and other Phase I awards. 2003. requirements in the Applicable Deadline for Transmittal of Regulations section of this notice. III. Eligibility Information Applications: 8 p.m. Eastern time, We reference the regulations outlining 1. Eligible Applicants: Each February 19, 2004. The date and time the terms and conditions of an award in organization submitting an application for the transmittal of electronic the Applicable Regulations section of must qualify as a small business applications are in the application this notice and include these and other concern as defined by the SBA at the package for this program. specific conditions in the GAN. The time of the award. This definition is We do not consider an application GAN also incorporates your approved included in the application package. that does not comply with the deadline application as part of your binding Firms with strong research requirements. commitments under the grant. capabilities in educational technologies, 4. Intergovernmental Review: This 3. Reporting: At the end of your science, or engineering in any of the program is not subject to Executive project period, you must submit a final priority areas listed in the application Order 12372 and the regulations in 34 performance report, including financial package are encouraged to participate. CFR part 79. information, as required by the Institute. Consultative or other arrangements 5. Funding Restrictions: We reference The report should identify the purpose between these firms and universities or regulations outlining funding of the research, and include a brief other non-profit organizations are restrictions in the Applicable description of the research carried out, permitted, but the small business must Regulations section of this notice. the research findings or results, and the serve as the grantee. 6. Other Submission Requirements: potential applications of the research. If it appears that an applicant The Government Paperwork Elimination You must submit this project summary organization does not meet the Act (GPEA) of 1998, (Pub. L. 105–277) without restriction on publication. The

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project summary may be published by Department received a complaint filed committee was not biased against the the U.S. Department of Education. by the petitioner, Joseph Urbanek. complainant’s bid for the Fort Jackson dining facility. VII. Agency Contact SUPPLEMENTARY INFORMATION: Under section 6(c) of the Randolph-Sheppard Specifically, the complainant alleged For Further Information Contact: Joe Act (the Act), 20 U.S.C. 107d–2(c), the that the SLA selection committee was Teresa, U.S. Department of Education, Secretary publishes in the Federal biased against him by adding to the five- Institute of Education Sciences, 555 Register a synopsis of each arbitration factor selection criteria to include New Jersey Avenue, NW., room 608f, panel decision affecting the information on each applicant’s Washington, DC 20208. Telephone: administration of vending facilities on creditworthiness, financial status, prior (202) 219–2046 or by e-mail: Federal and other property. experience outside the blind vending [email protected]. program, and personal references. Also, Background If you use a telecommunications the complainant objected to Mr. device for the deaf (TDD), you may call This dispute concerns the alleged Johnson, the successful applicant, the Federal Information Relay Service failure of the South Carolina serving on a study committee that (FIRS) at 1–800–877–8339. Commission for the Blind, the State considered and recommended changes Individuals with disabilities may licensing agency (SLA), to properly in the selection criteria for the Fort obtain this document in an alternative administer the vendor selection process Jackson dining facility. format (e.g., Braille, large print, regarding a military mess hall dining The panel concluded that, based on audiotape, or computer diskette) on facility at Fort Jackson, South Carolina, the evidence and testimony presented, request to the program contact person in violation of the Act (20 U.S.C. 107 et the additional information requested by listed in this section. seq.) and the implementing regulations the study committee did not have the Electronic Access to This Document: in 34 CFR part 395. effect of favoring either applicant. You may view this document, as well as A summary of the facts is as follows: Furthermore, the panel determined that Mr. Johnson’s decision to serve on the all other documents of this Department Complainant, Joseph Urbanek, is a study committee at the same time he published in the Federal Register, in licensed Randolph-Sheppard vendor was submitting a bid for the Fort text or Adobe Portable Document with the South Carolina Commission for Jackson dining facility did not advance Format (PDF) on the Internet at the the Blind. In June 2000, the SLA posted or hinder Mr. Urbanek’s bid for the following site: http://www.ed.gov/news/ a bid notice with a closing date of June same facility. In addition, the panel fedregister. 9 for the dining facility at Fort Jackson, found that the SLA had a legitimate To use PDF you must have Adobe South Carolina. Complainant and four other vendors basis to review and improve the Acrobat Reader, which is available free applied for the Fort Jackson opening. selection criteria given that the Fort at this site. If you have questions about The SLA’s selection committee Jackson facility was an important using PDF, call the U.S. Government interviewed all candidates, including breakthrough for the SLA. Printing Office (GPO), toll free, at 1– Mr. Urbanek, on June 26, 2000. After the Finally, the panel determined that the 888–293–6498; or in the Washington, interviews, one of the other vendors was selection committee had justification for DC, area at (202) 512–1530. awarded the Fort Jackson dining facility. the final ratings for the bidders. Note: The official version of this document Complainant alleged that the SLA According to the panel only three of the is the document published in the Federal misapplied its selection criteria by rating factors involved judgment. All Register. Free Internet access to the official refusing to select him to receive the Fort five members rated the complainant edition of the Federal Register and the Code Jackson dining facility and instead lower overall than Mr. Johnson. of Federal Regulations is available on GPO awarded the location to another The panel found that there was Access at: http://www.gpoaccess.gov/nara/ nothing in the unanimous judgment of index.html. experienced blind vendor in violation of State rules and regulations. the selection committee in selecting the Dated: December 17, 2003. Complainant also alleged that the SLA blind vendor that required a remedy. Grover J. Whitehurst, was biased against him in pre-selecting Both bidders were qualified, but the committee found Mr. Johnson to be Director, Institute of Education Sciences. the vendor who was awarded the Fort Jackson facility resulting in a denial of more qualified. According to the panel, [FR Doc. 03–31446 Filed 12–19–03; 8:45 am] the committee’s selection of Mr. BILLING CODE 4000–01–P his right to due process. The complainant requested a State Johnson was a matter committed to its fair hearing, which was held on sound discretion. On this basis, the panel denied plaintiff’s claim. DEPARTMENT OF EDUCATION November 27, 2000. On February 5, 2001, the hearing officer affirmed the The views and opinions expressed by Arbitration Panel Decision Under the SLA’s denial of complainant’s bid for the panel do not necessarily represent Randolph-Sheppard Act the Fort Jackson dining facility. the views and opinions of the U.S. Department of Education. AGENCY: Department of Education. Arbitration Panel Decision FOR FURTHER INFORMATION CONTACT: You ACTION: Notice of arbitration panel The issue heard by the panel was may obtain a copy of the full text of the decision under the Randolph-Sheppard whether the South Carolina Commission arbitration panel decision from Suzette Act. for the Blind violated the Act, 20 U.S.C. E. Haynes, U.S. Department of 107 et seq., the implementing Education, 400 Maryland Avenue, SW., SUMMARY: The Department gives notice regulations in 34 CFR part 395, and the room 3232, Mary E. Switzer Building, that on April 11, 2003, an arbitration State regulations by allegedly Washington, DC 20202–2738. panel rendered a decision in the matter improperly denying complainant’s bid Telephone: (202) 205–8536. If you use a of Joseph Urbanek v. South Carolina on the military mess hall dining facility telecommunications device for the deaf Commission for the Blind (Docket No. R- at Fort Jackson, South Carolina. (TDD), you may call the TDD number at S/01–7). This panel was convened by After reviewing all of the records and (202) 205–8298. the U.S. Department of Education, hearing testimony of witnesses, the Individuals with disabilities may under 20 U.S.C. 107d–1(a), after the panel ruled that the SLA’s selection obtain this document in an alternative

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format (e.g., Braille, large print, Access at: http://www.gpoaccess.gov/nara/ vacating authority to import and export audiotape, or computer diskette) on index.html. natural gas, including liquefied natural request to the contact person listed in gas. These Orders are summarized in the Dated: December 16, 2003. the preceding paragraph. attached appendix and may be found on Robert H. Pasternack, Electronic Access to This Document the FE Web site at http://www.fe.doe.gov Assistant Secretary for Special Education and (select gas regulation). They are also Rehabilitative Services. You may view this document, as well available for inspection and copying in as all other Department of Education [FR Doc. 03–31395 Filed 12–19–03; 8:45 am] the Office of Natural Gas & Petroleum documents published in the Federal BILLING CODE 4000–01–P Import & Export Activities, Docket Register, in text or Adobe Portable Room 3E–033, Forrestal Building, 1000 Document Format (PDF) on the Internet Independence Avenue, SW., at the following site: DEPARTMENT OF ENERGY Washington, DC 20585, (202) 586–9478. http:www.ed.gov/news/fedregister. The Docket Room is open between the To use PDF you must have Adobe Office of Fossil Energy; Orders Acrobat Reader, which is available free hours of 8 a.m. and 4:30 p.m., Monday Granting, Amending, and Vacating through Friday, except Federal holidays. at this site. If you have questions about Authority To Import and Export Natural using PDF, call the U.S. Government Gas, Including Liquefied Natural Gas Issued in Washington, DC, on November Printing Office (GPO), toll free, at 1– 20, 2003. 888–293–6498; or in the Washington, AGENCY: Office of Fossil Energy, DOE. Clifford P. Tomaszewski, DC, area at (202) 512–1530. ACTION: Notice of orders. Manager, Natural Gas Regulation, Office of Note: The official version of this document Natural Gas & Petroleum Import & Export SUMMARY: is the document published in the Federal The Office of Fossil Energy Activities, Office of Fossil Energy. Register. Free Internet access to the official (FE) of the Department of Energy gives edition of the Federal Register and the Code notice that during October 2003, it Appendix—Orders Granting Import/ of Federal Regulations is available on GPO issued Orders granting, amending, and Export Authorizations

[DOE/FE Authority]

Date Importer/Exporter FE docket Import Export Order No. issued No. volume volume Comments

1854–A ...... 10–7–03 Total Gas & Power North Name Change. America, Inc. (Formerly TotalFinaElf Gas & Power North America, Inc.) 03–07– NG.

1899 ...... 10–7–03 Pacific Gas and Electric Com- 600 Bcf Import natural gas from Canada, beginning on November 1, pany; 03–52–NG. 2003, and extending through October 31, 2005.

1900 ...... 10–7–03 Northeast Gas Markets LLC; 400 Bcf Import and export a combined total of natural gas from and to 03–55–NG. Canada, beginning on November 1, 2003, and extending through October 31, 2005.

1901 ...... 10–7–03 Avista Energy, Inc.; 03–54–NG 269 Bcf Import natural gas from Canada, beginning on November 1, 2003, and extending through October 31, 2005.

1902 ...... 10–8–03 MASSPOWER; 03–56–NG ..... 20 Bcf Import and export a combined total of natural gas from and to Canada, beginning on October 22, 2003, and extending through October 21, 2005.

1903 ...... 10–8–03 FUSI LLC; 03–59–NG ...... 75 Bcf Import and export a combined total of natural gas from and to Canada, beginning on October 8, 2003, and extending through October 7, 2005.

1828–A ...... 10–8–03 Fortuna (U.S.) Inc. 02–80–NG Vacate blanket import and export authority.

1904 ...... 10–9–03 Energy Trust Marketing Ltd.; 3 Bcf Import and export a combined total of natural gas from and to 03–58–NG. Canada, beginning on October 1, 2003, and extending through September 30, 2005.

1905 ...... 10–9–03 Energetix, Inc.; 03–61–NG ...... 15 Bcf Import natural gas from Canada, beginning on October 1, 2003, and extending through September 30, 2005.

1906 ...... 10–9–03 Reef Ventures, L.P.; 03–62– 400 Bcf Import and export a combined total of natural gas from and to NG. Mexico, beginning on November 1, 2003, and extending through October 31, 2005.

1907 ...... 10–23–03 Wisconsin Public Service Cor- 36.5 Import natural gas from Canada, beginning on October 1, poration; 03–57–NG. Bcf 2003, and extending through September 30, 2005.

1908 ...... 10–23–03 Middleton Energy Management 100 Bcf Import and export a combined total of natural gas from and to Ltd.; 03–63–NG. Canada, beginning on November 1, 2003, and extending through October 31, 2005.

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[DOE/FE Authority]

Date Importer/Exporter FE docket Import Export Order No. issued No. volume volume Comments

1909 ...... 10–27–03 American Crystal Sugar Com- 10.4 Bcf Import and export a combined total of natural gas from and to pany; 03–64–NG. Canada, beginning on November 1, 2003, and extending through October 31, 2005.

1910 ...... 10–27–03 Dynegy Marketing and Trade; 600 Bcf 330 Bcf Import and export natural gas from and to Canada and Mex- 03–65–NG. ico, beginning on October 31, 2003, and extending through October 30, 2005.

1911 ...... 10–27–03 Enbridge Gas Services (U.S.) 400 Bcf Import and export a combined total of natural gas from and to Inc.; 03–66–NG. Canada, beginning on November 1, 2003, and extending through October 31, 2005.

1912 ...... 10–27–03 Omimex Canada, Ltd.; 03–67– 15 Bcf Import and export a combined total of natural gas from and to NG. Canada, beginning on December 1, 2003, and extending through November 30, 2005.

1913 ...... 10–27–03 Yankee Gas Services Com- 3.5 Bcf Import and export a combined total of natural gas from and to pany; 03–68–NG. Canada, beginning on November 1, 2003, and extending through October 31, 2005.

1914 ...... 10–27–03 Ontario Energy Savings Corp.; 200 Bcf Import and export a combined total of natural gas from and to 03–70–NG. Canada, beginning on November 1, 2003, and extending through October 31, 2005.

1915 ...... 10–31–03 Pittsfield Generating Company 25.5 25.5 Import and export natural gas from and to Canada, beginning L.P.; 03–73–NG. Bcf Bcf on October 30, 2003, and extending through October 29, 2005.

1916 ...... 10–31–03 Dominion Energy Clearing- 20 Bcf Import natural gas from Canada, beginning on November 1, house Canada Partnership; 2003, and extending through October 31, 2005. 03–72–NG.

[FR Doc. 03–31453 Filed 12–19–03; 8:45 am] Pacific Northwest. In addition to this of the Draft EIS, and requests to be BILLING CODE 6450–01–P regional transmission network, BPA placed on the project mailing list, to operates large inter-regional Communications, Bonneville Power transmission lines that connect to Administration—DM–7, Attn: DEPARTMENT OF ENERGY Canada, California, the Southwest, and Transmission Policy EIS, P.O. Box eastern Montana. New challenges to 14428, Portland, Oregon, 97293–4428. Bonneville Power Administration transmission activities continue to You may also call BPA’s toll-free emerge, contributing to the difficulty of comment line at 1–800–622–4519, Transmission Policy-Level solving existing policy issues. To Environmental Impact Statement naming this project, to record your address these challenges, and in support comments. Comments may also be sent AGENCY: Bonneville Power of BPA’s transmission business to the BPA Internet address at Administration (BPA), Department of decisions, the EIS will examine a broad [email protected] or through the and comprehensive range of policy Energy (DOE). above-mentioned Internet site. alternatives. ACTION: Notice of intent to prepare an On Tuesday, January 13, 2004, a DATES: Written comments are due to the Environmental Impact Statement. formal scoping meeting will be held BPA Communications address below no from 4 p.m. to 7 p.m. in Room 120C at SUMMARY: BPA proposes to adopt a later than March 31, 2004. Comments comprehensive policy to guide its may also be made at EIS scoping the Oregon State Office Building, 800 transmission business activities. This meetings to be held in January 2004, at NE Oregon Street, Portland. On transmission policy-level the addresses below. Public EIS scoping Wednesday, January 14, 2004, a formal Environmental Impact Statement (EIS) meetings will be held January 13, 2004, scoping meeting will be held from 4 will address the planning, construction, in Portland, Oregon; January 14, 2004, p.m. to 7 p.m. at the Comfort Suites operation, and marketing of BPA’s in Seattle, Washington; and January 15, Downtown/Seattle Center, at 601 Roy Transmission Business Line. BPA is 2004, in Spokane, Washington. Details Street, Seattle, Washington. On taking this opportunity to further are yet to be determined on other Thursday, January 15, 2004, a formal enhance and inform its decisionmaking meetings that may be held in Idaho and scoping meeting will be held from 4 by providing a comprehensive and Montana. Information about all public p.m. to 7 p.m. at the Quality Inn cumulative analysis of the potential meetings will be published on an Oakwood, 7919 N. Division Street, impacts that can result from its Internet site dedicated to this Spokane, Washington. At these transmission-related policy decisions. transmission policy EIS, at http:// meetings, information will be provided BPA owns and operates the Federal www2.transmission.bpa.gov/PlanProj/ about the objectives of the EIS. BPA’s Columbia River Transmission System Policy_EIS/. EIS team members will also be available (FCRTS) and is the leading provider of ADDRESSES: Send letters with comments to discuss potential issues, the process, high-voltage electric transmission in the and suggestions on the proposed scope and timeline for completing the

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document. Written and oral comments voluntarily complies with the open similar to the way BPA’s recently may also be submitted. access policies of the Federal Energy completed Fish and Wildlife FOR FURTHER INFORMATION, CONTACT: Regulatory Commission (FERC). Implementation Plan EIS provides a Mike Mayer or Rick Yarde, NEPA Although BPA is not subject to FERC’s policy-level analysis that is more project managers, Bonneville Power jurisdiction concerning these policies, focused on the agency’s administration Administration—KEC–4, P.O. Box 3621, BPA has adopted and currently of its fish and wildlife responsibilities. implements an Open Access Portland, Oregon, 97208–3621; toll-free This EIS is being prepared to consider telephone number 1–800–282–3713; fax Transmission Tariff for the FCRTS that is generally consistent with FERC’s pro and assess various potential policy number 503–230–5699; e-mail addresses directions for the planning, [email protected] or [email protected]. forma open access tariff. This course of action demonstrates BPA’s commitment construction, operation, and marketing SUPPLEMENTARY INFORMATION: BPA owns to non-discriminatory access to its of BPA’s transmission activities. This and operates approximately three- transmission system and ensures that document will allow BPA’s quarters of the high-voltage electric grid BPA will receive non-discriminatory decisionmakers and the public to be in the Pacific Northwest. These 15,000 access to the transmission systems of better informed about the potential miles of transmission lines carry energy utilities that are subject to FERC’s cumulative impacts that can be from dams and other power-generating jurisdiction. expected from BPA’s transmission- facilities to public and private utility FERC has fostered several industry- related policy decisions. This EIS is customers and direct-service industries. restructuring initiatives, in which BPA intended to support and facilitate a BPA’s transmission system also has participated. To promote number of decisions regarding BPA’s includes transmission lines that connect competitive wholesale power markets transmission activities. to Canada, California, the Southwest, through standards of practice, FERC has and eastern Montana. This transmission EIS will identify a proposed a Standard Market Design. broad range of alternative policy BPA’s transmission business consists Key features of this Market Design of more than just the construction, directions structured around key include the formation of regional transmission policy considerations such operation, and maintenance of transmission organizations (RTOs) and transmission lines; it includes all of the as reliability, cost, contractual sound wholesale market rules. Over the obligations, regulatory requirements, activities necessary to manage a regional years, BPA has been part of regional system to deliver electricity, such as and ‘‘non-wire’’ solutions. The EIS will discussions regarding the potential also provide an assessment of potential marketing of capacity and setting rates creation of an RTO in the Pacific to recover costs in accordance with impacts on the human environment Northwest, to discuss BPA’s possible associated with each of the alternatives. sound business principles. This requires role in an RTO and ensure that its During this scoping period, the public is participation with regional and national formation provides coordinated benefits invited to provide comments and stakeholders in discussions regarding to BPA’s customers and the Northwest. suggestions on potential alternatives to reliability, environmental concerns, As part of addressing its many be included in the EIS. BPA is in the congestion management, conservation transmission policy issues, BPA is also process of defining these alternatives, measures, industry restructuring, and involved in several agency and regional national standards, among other issues. processes. For example, in early 2003, and is interested in receiving public This policy-level EIS will further BPA initiated a roundtable for input before fully defining the range of enhance BPA’s understanding of the discussion of ‘‘non-wire’’ solutions to alternatives to be considered in the EIS. impacts that transmission-related transmission capacity issues. Round The public also is invited to comment activities have on the human table meetings considered transmission on potential key issues and environment, and will help further line alternatives such as energy environmental impacts to be considered inform the public of these impacts. efficiency programs, demand reduction in the EIS. Several Federal statutes guide BPA’s initiatives, pricing strategies, and Issued in Portland, Oregon, on December transmission business line. The distributed generation. The agency has 15, 2003. Bonneville Project Act § 2(b) states that also been meeting with customers Stephen J. Wright, ‘‘* * * the administrator is authorized regarding available transfer capability Administrator and Chief Executive Officer. and directed to provide, construct, (ATC). These discussions described the operate, maintain, and improve such methodology for determining ATC, and [FR Doc. 03–31452 Filed 12–19–03; 8:45 am] electric transmission lines and the effects the methodology would have BILLING CODE 6450–01–P substations, 3 and facilities and on contracting and scheduling. structures * * * as he finds necessary, BPA will use the previously desirable, or appropriate. * * *.’’ In mentioned processes, among others DEPARTMENT OF ENERGY addition, the Federal Columbia River related to transmission issues, to help Federal Energy Regulatory Transmission System Act, §§ 4(a)–(d) shape the development of this policy- Commission directs the administrator to operate and level EIS. BPA expects that this EIS will maintain the system for stability and enhance the transmission issues reliability, among other objectives. The discussed in BPA’s 1995 Business Plan [Docket No. EG01–228–000, et al.] Pacific Northwest Electric Power EIS (DOE/EIS–0183). The Business Plan Planning and Conservation Act, § 2(2) EIS included an evaluation of the Conemaugh Power LLC, et al.; Electric requires the administrator to assure an environmental impacts potentially Rate and Corporate Filings adequate, efficient, economical, and resulting from the full range of the December 12, 2003. reliable power supply for the Northwest. agency’s business policies, including its In addition to these statutory power, transmission, and fish and The following filings have been made obligations, BPA’s transmission wildlife activities. This transmission EIS with the Commission. The filings are business is operated separately from its will provide a policy-level analysis that listed in ascending order within each power business, because BPA is more focused on transmission issues, docket classification.

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1. Conemaugh Power LLC, ER02–1054–001; ER02–1396–001; ER02– update their table of contents which the Constellation Power Source Generation, 1412–001; ER00–3718–002; ER99–3637–002; Commission noticed in Docket No. Inc., PPL Montour, LLC, PSEG Fossil ER99–1712–004; and ER00–2808–002] ER04–230–001on December 5, 2003. LLC, Reliant Energy Mid-Atlantic Take notice that on December 8, 2003, The NYISO states it has electronically Power Holdings, LLC and UGI NRG Power Marketing Inc. and the served a copy of this filing on the Development Company above-captioned affiliates tendered for official representative of each of its customers, on each participant in its [Docket Nos. EG01–228–000, EG00–179–000, filing an updated market power study in EG00–44–000, EG00–3–000, EG00–24–000, compliance with the Commission’s stakeholder committees, on the New EG00–24–000 and EG99–241–000] orders granting each entity market-based York Public Service Commission, and Take notice that on December 3, 2003, rate authorization. on the electric utility regulatory Conemaugh Power LLC, Constellation Comment Date: December 29, 2003. agencies of New Jersey and Power Source Generation, Inc., PPL Pennsylvania, and in addition, the 3. American Transmission Company complete filing has been posted on the Montour, LLC, PSEG Fossil LLC, Reliant LLC Energy Mid-Atlantic Power Holdings, NYISO’s Web site at www.nyiso.com LLC and UGI Development Company [Docket No. ER03–1211–002] and will make a paper copy available to (Conemaugh EWG Owners) tendered for Take notice that on December 10, any interested party that requests one. Comment Date: December 22, 2003. filing a Notification of Change in Facts 2003, American Transmission Company Not Affecting Exempt Wholesale LLC (ATCLLC) tendered for filing a 6. PJM Interconnection, L.L.C. revised Generation-Transmission Generator Status. [Docket No. ER04–261–001] The Conemaugh EWG Owners have Interconnection Agreement between served copies of the foregoing on the ATCLLC and Fox Energy Company LLC Take notice that on December 9, 2003, Pennsylvania Public Utility Commission (Second Revised Service Agreement No. PJM Interconnection, L.L.C. (PJM), and the Securities and Exchange 233) consisting of amendments to submitted for filing a revised Interconnection Service Agreement Commission. Exhibit 11 and otherwise remaining as (ISA) among PJM, American Project Comment Date: December 24, 2003. originally filed and accepted by the Development Corp/American Hydro Commission by Letter Order dated 2. NRG Power Marketing Inc.; Arthur Power Company/American Hydro March 20, 2002, subject to a previous Kill Power LLC; Astoria Gas Turbine Power Partners, L.P., and Pennsylvania amendment accepted by the Power LLC; Bayou Cove Peaking Power Electric Company. LLC; Big Cajun I Peaking Power LLC; Commission on May 29, 2003. ATCLLC PJM requests a waiver of the Conemaugh Power LLC; Connecticut Jet requests retention of the original Commission’s 60-day notice Power LLC; Devon Power LLC; Dunkirk effective date of January 15, 2002. requirement to permit a November 4, Power LLC; Huntley Power LLC; Indian ATCLLC states that this is a refiling of 2003 effective date for the ISA. River Power LLC; Keystone Power LLC; the same revisions contained in PJM states that copies of this filing Louisiana Generating LLC; LSP Energy ATCLLC’s August 14, 2003 filing in a were served upon the parties to the Limited Partnership; LSP-Kendall format complying with the agreements, the state regulatory Energy; LLC; LSP-Nelson Energy LLC; Commission’s conditional acceptance in commissions within the PJM region, and LSP-Pike Energy LLC; Meriden Gas its September 23, 2003 Letter Order and the official service list compiled by the Turbines LLC; Middletown Power LLC; deleting certain extraneous documents. Secretary in this proceeding. Montville Power LLC; NEO California Comment Date: December 31, 2003. Comment Date: December 30, 2003. Power LLC; NEO Chester-Gen LLC; 4. DC Tie, Inc. 7. DeSoto County Generating Co., LLC, NEO Freehold-Gen LLC; NM Colton [Docket No. ER04–105–001] Carolina Power & Light Company, Genco LLC; NM Mid Valley Genco LLC; Progress Ventures, Inc., Effingham NM Milliken Genco LLC; Norwalk Take notice that on December 9, 2003, DC Tie, Inc. submitted for filing a Notice County Power, LLC, MPC Generating, Power LLC; NRG Ashtabula Generating LLC, Rowan County Power, LLC, LLC; NRG Audrain Generating LLC; of Cancellation of its market-based rate authority under Docket No. ER91–435– Walton County Power, LLC, and NRG Energy Center Dover LLC; NRG Washington County Power, LLC Ilion LP; NRG Lake Shore Generating 000. DC Tie, Inc. is requesting an LLC; NRG Marketing Services LLC; effective date of October 28, 2003. [Docket No. ER04–269–000] NRG McClain LLC; NRG New Jersey Comment Date: December 30, 2003. Take notice that, on December 8, Energy Sales LLC; NRG Northern Ohio 5. New York Independent System 2003, Progress Energy, Inc. (Progress Generating LLC; NRG Rockford LLC; Operator, Inc. Energy), on behalf of the Progress NRG Rockford II LLC; NRG Sterlington Energy subsidiaries listed in the above Power LLC; Oswego Harbor Power LLC; [Docket No. ER04–230–000] caption (Progress Energy Subsidiaries), Somerset Power LLC; and Vienna Take notice that on November 26, submitted amendments to the market- Power LLC 2003, the New York Independent based rate tariffs of the Progress Energy System Operator, Inc. (NYISO) tendered Subsidiaries providing that they will not [Docket Nos. ER97–4281–013; ER99–2161– for filing revisions to the ISO Market 004; ER99–3000–002; ER02–1572–001; engage in market-based sales within ER02–1571–001; ER00–2810–002; ER99– Administration and Control Area Peninsular Florida under those tariffs 4359–001; ER99–4358–001; ER99–2168–004; Services Tariff (the Services Tariff) and without making a separate filing ER99–2162–004; ER00–2807–002; ER00– its Open Access Transmission Tariff pursuant to Section 205 of the Federal 2809–002; ER00–1259–002; ER98–2259–003; proposing a number of tariff revisions Power Act. ER99–2602–003; ER00–2448–002; ER02– associated with the implementation of Progress Energy states that copies of 538–001; ER02–566–001; ER99–4355–001; new Real-Time Scheduling software and the filing were served on the official ER99–4356–001; ER01–1558–001; ER00– related market improvements. On service lists in Docket Nos. ER03–1383– 3160–002; ER03–320–004; ER03–321–004; ER03–322–004; ER99–4357–001; ER02– December 1, 2003, NYISO submitted 000 and ER03–1389–000, each entity 1055–001; ER01–2969–002; ER00–2313–002; revision to its Market Administration operating a control area in Peninsular ER02–1395–001; ER02–1056–001; ER03– and Control Area Services Tariff and Florida, and the Florida Public Service 955–003; ER02–68–002; ER02–2032–001; Open Access Transmission Tariff to Commission.

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Comment Date: December 29, 2003. and the Public Utilities Commission of APGI states that copies of this filing Ohio. were supplied to PacifiCorp, Public 8. Virginia Electric and Power Comment Date: December 30, 2003. Utility District No. 1 of Chelan County; Company 11. PacifiCorp the Washington Utilities and [Docket No. ER04–270–000] Transportation Commission and the Take notice that on December 9, 2003, [Docket No. ER04–274–000] Public Utility Commission of Oregon. Virginia Electric and Power Company Take notice that on December 10, Comment Date: December 31, 2003. (Dominion Virginia Power) tendered for 2003, PacificCorp tendered for filing in filing a Service Agreement for Network accordance with 18 CFR 35 of the 15. Milford Power Limited Partnership Integration Transmission Service and Commission’s Rules and Regulations a [Docket No. ER04–278–000] Network Operating Agreement by Notice of Cancellation of PacifiCorp’s Take notice that on December 10, Dominion Virginia Power to North Rate Schedule No. 423 with Springfield 2003, Milford Power Limited Carolina Electric Membership Utility Board. The Notice of Partnership (Milford) filed with the Corporation, designated as Service Cancellation is effective November 30, Federal Energy Regulatory Commission Agreement Number 376, under 2003. pursuant to Section 205 of the Federal PacifiCorp states that copies of this Dominion Virginia Power’s Open Power Act an Application for Order filing were supplied to Springfield Access Transmission Tariff, FERC Accepting Initial Market-Based Rate Utility Board; the Washington Utilities Electric Tariff, Second Revised Volume Schedule and Granting Certain Waivers and Transportation Commission and the No. 5, to Eligible Purchasers dated June and Blanket Approvals, which would 7, 2000. Public Utility Commission of Oregon. Comment Date: December 31, 2003. allow Milford to engage in the sale of Dominion Virginia Power respectfully electric energy, capacity and ancillary requests an effective date of January 1, 12. Twin Cities Power Generation services at market-based rates. Milford 2004, as requested by the Customer. states that it is engaged in the business Comment Date: December 30, 2003. [Docket No. ER04–275–000] Take notice that on December 10, of owning and operating a generation 9. Virginia Electric and Power 2003, Twin Cities Power Generation, facility located in Milford, New Jersey, Company (Twin Cities) submitted for filing a with a nameplate capacity of 30.5 MW. [Docket No. ER04–271–00] Petition for Acceptance of Initial Rate Milford seeks certain waivers and Take notice that on December 9, 2003, Schedule, Waivers and Blanket blanket approvals under the Virginia Electric and Power Company Authority, Rate Schedule FERC No. 1. Commission’s regulations. Milford also (Dominion Virginia Power) tendered for Comment Date: December 31, 2003. seeks expedited review and a waiver of filing a Service Agreement for Network the 60-day pre-filing requirement under 13. American Electric Power Service 18 CFR 35.3 (2003). Integration Transmission Service and Corporation Network Operating Agreement by Comment Date: December 31, 2003. Dominion Virginia Power to [Docket No. ER04–276–000] Standard Paragraph Washington Gas Energy Services, Inc., Take notice that on December 10, designated as Service Agreement 2003, the American Electric Power Any person desiring to intervene or to Number 377, under Dominion Virginia Service Corporation (AEPSC) tendered protest this filing should file with the Power’s Open Access Transmission for filing First Amendment to an Federal Energy Regulatory Commission, Tariff, FERC Electric Tariff, Second Amended Interconnection and 888 First Street, NE., Washington, DC Revised Volume No. 5, to Eligible Operation Agreement between Ohio 20426, in accordance with Rules 211 Purchasers dated June 7, 2000. Power Company and Lima Energy and 214 of the Commission’s Rules of Dominion Virginia Power respectfully Company. The agreement is pursuant to Practice and Procedure (18 CFR 385.211 requests a waiver of the Commission’s the AEP Companies’ Open Access and 385.214). Protests will be regulations to permit an effective date of Transmission Service Tariff (OATT) and considered by the Commission in November 9, 2003, as requested by the designated as First Revised Service determining the appropriate action to be customer. Agreement No. 463, effective date July taken, but will not serve to make Comment Date: December 30, 2003. 13, 2002, to the Operating Companies of protestants parties to the proceeding. the American Electric Power System Any person wishing to become a party 10. American Electric Power Service must file a motion to intervene. All such Corporation FERC Electric Tariff Third Revised Volume No. 6. AEP requests an effective motions or protests should be filed on [Docket No. ER04–273–000] date of February 9, 2004. or before the comment date, and, to the Take notice that on December 9, 2003, AEPSC states a copy of the filing was extent applicable, must be served on the the American Electric Power Service served upon Lima Energy Company and applicant and on any other person Corporation (AEPSC) tendered for filing the Public Utilities Commission of Ohio. designated on the official service list. pursuant to Section 35.15 of the Federal Comment Date: December 31, 2003. This filing is available for review at the Commission or may be viewed on the Energy Regulatory Commission’s 14. Alcoa Power Generating, Inc. regulation, 18 CFR Section 35.15, a Commission’s Web site at http:// Notice of Termination of an executed [Docket No. ER04–277–000] www.ferc.gov, using the ‘‘FERRIS’’ link. Interconnection and Operation Take notice that on December 10, Enter the docket number excluding the Agreement between Ohio Power 2003, Alcoa Power Generating, Inc. last three digits in the docket number Company and Biomass Energy, LLC., (APGI) tendered for filing in accordance filed to access the document. For designated as Service Agreement No. with 18 CFR 35 of the Commission’s assistance, call (202) 502–8222 or TTY, 514 under AEP Companies’ Open Rules and Regulations a Notice of (202) 502–8659. Protests and Access Transmission Service Tariff Termination of APGI’s Rate Schedule interventions may be filed electronically (OATT). AEP requests an effective date No. 11 with PacifiCorp. APGI requests via the Internet in lieu of paper; see 18 of December 8, 2003. waiver of the Commission’s prior notice CFR 385.2001(a)(1)(iii) and the AEPSC states that a copy of the filing requirements so that the termination instructions on the Commission’s Web was served upon Biomass Energy, LLC may be effective June 30, 2003. site under the ‘‘e-Filing’’ link. The

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Commission strongly encourages I. General Information Although not all docket materials may electronic filings. be available electronically, you may still A. Does this Action Apply to Me? access any of the publicly available Magalie R. Salas, This action is directed to the public docket materials through the docket Secretary. in general, and may be of particular facility identified in Unit I.B.1. Once in [FR Doc. E3–00599 Filed 12–19–03; 8:45 am] interest to those persons who have an the system, select ‘‘search,’’ then key in BILLING CODE 6717–01–P interest in or may be required to manage the appropriate docket ID number. pollution prevention and toxic chemical programs, individuals, groups List of Subjects concerned with environmental justice, Environmental protection, NPPTAC, ENVIRONMENTAL PROTECTION children’s health, or animal welfare, as Pollution prevention, Toxics, Toxic AGENCY they relate to OPPT’s programs under chemicals, Chemical health and safety. the Toxic Substances Control Act Dated: December 17, 2003. [OPPT–2002–0001; FRL–7340–3] (TSCA) and the Pollution Prevention Charles M. Auer, Act (PPA). Since other entities may also National Pollution Prevention and Director, Office of Pollution, Prevention, and be interested, the Agency has not Toxics. Toxics Advisory Committee; Notice of attempted to describe all the specific [FR Doc. 03–31571 Filed 12–18–03; 1:46 pm] Public Meeting Change of Dates entities that may be interested in the activities of the NPPTAC. If you have BILLING CODE 6560–50–S AGENCY: Environmental Protection Agency (EPA). any questions regarding the applicability of this action to a ACTION: Notice. ENVIRONMENTAL PROTECTION particular entity, consult the technical AGENCY FOR FURTHER SUMMARY: Under the Federal Advisory person listed under [FRL–7599–6] Committee Act (FACA), 5 U.S.C. App. 2 INFORMATION CONTACT. (Public Law 92–463), EPA gives notice B. How Can I Get Copies of this Notice of Proposed Administrative of a change of date to the January Document and Other Related Settlement Pursuant to the meeting of the National Pollution Information? Comprehensive Environmental Prevention and Toxics Advisory 1. Docket. EPA has established an Response, Compensation, and Liability Committee (NPPTAC). The purpose of official public docket for this action Act, as Amended by the Superfund the NPPTAC is to provide advice and under docket identification (ID) number Amendments and Reauthorization Act; recommendations to EPA regarding the OPPT–2002–0001. The official public Lagoon Drive Chemical Removal Site overall policy and operations of the docket consists of the documents programs of the Office of Pollution AGENCY: Environmental Protection specifically related to the NPPTAC, any Agency. Prevention and Toxics (OPPT). public comments received, and other ACTION: Notice, request for public DATES: The meeting will be held on information related to the NPPTAC. comments. January 7, 2004, from 10 a.m. to 5:30 Although a part of the official docket, p.m. only. The NPPTAC will not meet the public docket does not include SUMMARY: In accordance with Section January 8, 2004, as announced on Confidential Business Information (CBI) 122(i) of the Comprehensive December 3, 2003, in the Federal or other information whose disclosure is Environmental Response, Register. restricted by statute. The official public Compensation, and Liability Act, as ADDRESSES: The meeting will be held at docket is the collection of materials that amended (‘‘CERCLA’’), 42 U.S.C. the Four Points by Sheraton Hotel, 1201 is available for public viewing at EPA’s 9622(i), notice is hereby given of a K Street, NW., Washington, DC. Docket Center, Rm. B102–Reading proposed Administrative Order on For address information concerning Room, EPA West, 1301 Constitution Consent (‘‘AOC,’’ Region 9, Docket No. registration, the submission of written Ave., NW., Washington, DC. EPA’s 2004–0001) pursuant to Section 122(h) comments, and requests to present oral Docket Center is open from 8:30 a.m. to of CERCLA concerning the Lagoon Drive comments, refer to the December 3, 4:30 p.m., Monday through Friday, Chemicals Removal Site (the ‘‘Site’’), 2003 Federal Register Notice. excluding legal holidays. EPA’s Docket located in Chula Vista, California. The Center Reading Room telephone number respondent to the AOC is Gary FOR FURTHER INFORMATION CONTACT: For Rasmussen (‘‘Rasmussen’’). The AOC general information contact: Barbara is (202) 566–1744 and the telephone provides Rasmussen with a covenant Cunningham, Director, Environmental number for the OPPT Docket, which is not to sue and contribution protection Assistance Division (7408M), Office of located in EPA Docket Center, is (202) for the removal action at the Site. To Pollution Prevention and Toxics, 566–0280. 2. Electronic access. You may access date, EPA has incurred approximately Environmental Protection Agency, 1200 this Federal Register document $49,000.00 in response costs related to Pennsylvania Ave., NW., Washington, electronically through the EPA Internet the Site. Rasmussen is reimbursing DC 20460–0001; telephone number: under the ‘‘Federal Register’’ listings at $5,000.00 of the incurred response costs (202) 554–1404; e-mail address: TSCA- http://www.epa.gov/fedrgstr/. to EPA, consistent with EPA’s [email protected]. An electronic version of the public determination of Rasmussen’s ability to For technical information contact: docket is available through EPA’s pay. For thirty (30) days following the Mary Hanley, Office of Pollution electronic public docket and comment date of publication of this Notice, the Prevention and Toxics (7401M), system, EPA Dockets. You may use EPA Agency will receive written comments Environmental Protection Agency, 1200 Dockets at http://www.epa.gov/edocket/ relating to the proposed AOC. The Pennsylvania Ave., NW., Washington, to submit or view public comments, Agency’s response to any comments DC 20460–0001; telephone number: access the index listing of the contents will be available for public inspection at (202) 564–9891; e-mail address: of the official public docket, and to EPA’s Region IX offices, located at 75 [email protected]. access those documents in the public Hawthorne Street, San Francisco, SUPPLEMENTARY INFORMATION: docket that are available electronically. California 94105.

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DATES: Comments must be submitted on Communications Commission (FCC) has system of records. This action is or before January 21, 2004. amended the charter of its Advisory necessary to meet the requirement of the ADDRESSES: The proposed Agreement Committee for the 2003 Privacy Act of 1974, as amended, for the may be obtained from Judith Winchell, Radiocommunication Conference. The publication in the Federal Register of Environmental Protection Specialist, Advisory Committee has been renamed notices identifying the various systems telephone (415) 972–3124. Comments the Advisory Committee for the 2007 of records maintained by the FDIC. The regarding the proposed Agreement Radiocommunication Conference (or new system of records is named should be addressed to Judith Winchell simply, WRC–07 Advisory Committee), ‘‘Beneficial Ownership Filings (SFD–7) at EPA Region IX, 75 and its scope of activities have been (Securities Exchange Act).’’ Hawthorne Street, San Francisco, amended to address issues contained in DATES: Comments on the addition of California 94105, and should reference the agenda for WRC–07. The Federal this new system of records, including the Lagoon Drive Chemicals Superfund Communications Commission (FCC) comments concerning the proposed Removal Site, Chula Vista, California, established the WRC–07 Advisory routine uses included in this notice, and USEPA Docket No. 2004–0001 Committee to provide advice, technical must be received by the FDIC on or FOR FURTHER INFORMATION CONTACT: J. support and recommendations relating before January 21, 2004. The Andrew Helmlinger, Office of Regional to the preparation of United States amendments, revisions and Counsel, telephone (415) 972–3904, proposals and positions for the 2007 consolidations that are the subject of USEPA Region IX, 75 Hawthorne Street, World Radiocommunication Conference this notice will become effective 45 days San Francisco, California 94105. (WRC–07). following publication in the Federal In accordance with the Federal Register, unless a superseding notice to Dated: December 9, 2003. Advisory Committee Act, Public Law the contrary is published before that Daniel A. Meer, 92–463, as amended, this notice advises date. Chief Response, Planning & Assessment interested persons of the first meeting of ADDRESSES: You may submit comments Branch, Superfund Division (SFD–9). the WRC–07 Advisory Committee. The by any of the following methods: [FR Doc. 03–31472 Filed 12–19–03; 8:45 am] WRC–07 Advisory Committee has an • Agency Web site: http:// BILLING CODE 6560–50–P open membership. All interested parties www.fdic.gov/regulations/laws/federal/ are invited to participate in the propose.html. Follow instructions for Advisory Committee and to attend its submitting comments on this Web site. FEDERAL COMMUNICATIONS meetings. The proposed agenda for the • Email: [email protected]. Include COMMISSION first meeting is as follows: ‘‘Beneficial Ownership Filings [DA 03–3907] Agenda (Securities Exchange Act)’’ in the subject line. • First Meeting of the Advisory First Meeting of the WRC–07 Advisory Mail: Fredrick L. Fisch, Supervisory Committee for the 2007 World Committee, Federal Communications Counsel, Attention: Comments, FDIC, Radiocommunication Conference Commission, 445 12th Street, SW., 550 17th Street, NW., Washington, DC (WRC–07 Advisory Committee) Room TW–C305, Washington, DC 20429. 20554. Instructions: All submissions should AGENCY: Federal Communications January 30, 2004; 10 a.m.–12 noon refer to ‘‘Beneficial Ownership Filings Commission. (Securities Exchange Act)’’. Comments ACTION: Notice. 1. Opening Remarks may be posted without change to the 2. Approval of Agenda FDIC internet site at http:// SUMMARY: In accordance with the 3. Advisory Committee Structure www.fdic.gov/regulations/laws/federal/ 4. Report on Recent WRC–07 Federal Advisory Committee Act, this propose.html, including any personal notice advises interested persons that Preparatory Meetings 5. WRC–07 Preparatory Process information provided. Comments may the initial meeting of the WRC–07 also be inspected and photocopied in Advisory Committee will be held on Timeline 6. Other Business the FDIC Public Information Center, January 30, 2004, at the Federal Room 100, 801 17th Street NW., Communications Commission. The Federal Communications Commission. Washington, DC 20434, between 9 a.m. purpose of the meeting is to begin Don Abelson, and 4:30 p.m. on business days. preparations for the 2007 World Chief, International Bureau. FOR FURTHER INFORMATION CONTACT: Radiocommunication Conference. [FR Doc. 03–31388 Filed 12–19–03; 8:45 am] Fredrick L. Fisch, Supervisory Counsel, DATES: January 30, 2004; 10 a.m.–12 BILLING CODE 6712–01–P FOIA/Privacy Act Group, FDIC, 550 noon. 17th Street NW., Washington, DC 20429, ADDRESSES: Federal Communications (202) 736–0526. Commission, 445 12th Street, SW., FEDERAL DEPOSIT INSURANCE SUPPLEMENTARY INFORMATION: Section 16 Room TW–C305, Washington, DC CORPORATION of the Securities Exchange Act of 1934 20554. (‘‘Exchange Act’’) requires that insiders Privacy Act of 1974, as Amended; of FDIC-insured depository institutions FOR FURTHER INFORMATION CONTACT: Addition of a New System of Records with a class of securities registered Alexander Roytblat, FCC International under section 12 of the Exchange Act Bureau, Strategic Analysis and AGENCY: Federal Deposit Insurance Corporation. file reports regarding their beneficial Negotiations Division, at (202) 418– ownership of securities. In general, 7501. ACTION: Proposed addition of a new system of records. under section 16, an ‘‘insider’’ is a SUPPLEMENTARY INFORMATION: As it director, officer or beneficial owner of initiates preparations for the next World SUMMARY: The Federal Deposit more than 10% of an issuer’s equity Radiocommunication Conference that Insurance Corporation (FDIC) is issuing securities. Under section 12(i) of the has been preliminarily scheduled for the public notice of its intent to add a new Exchange Act, (15 U.S.C. 78l), the FDIC year 2007 (WRC–07), the Federal category of records to its Privacy Act and the other Federal banking agencies

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are authorized to enforce all provisions Insurance Corporation, 550 17th Street the public on the FDIC’s external of section 16 of the Exchange Act that NW., Washington, DC 20429. Internet website in order to facilitate the are applicable to securities issued by more efficient transmission, CATEGORIES OF INDIVIDUALS COVERED BY THE FDIC-insured depository institutions. SYSTEM: dissemination, analysis, storage and Historically, these reports have been retrieval of insider ownership and (1) Any director or officer of an FDIC- filed on paper. Pursuant to section 403 transaction information in a manner that insured depository institution with a of the Sarbanes-Oxley Act of 2002 will benefit investors, filers and bank class of equity securities registered (‘‘Sarbanes-Oxley’’), which amended regulatory agencies. pursuant to section 12 of the Securities section 16 of the Exchange Act, the Exchange Act of 1934, and (2) Any FDIC has established an electronic filing ROUTINE USES OF RECORDS MAINTAINED IN THE person who is directly or indirectly the SYSTEM, INCLUDING CATEGORIES OF USERS AND system on its public Internet website to beneficial owner of greater than 10% of THE PURPOSES OF SUCH USES: receive beneficial ownership filings a class of equity securities issued by an The information in this system of from filers and to display them to the FDIC-insured depository institution that public. The FDIC’s public Internet records is publicly accessible. are registered under section 12 of the Additionally, as routine uses subject to website permits the electronic search Securities Exchange Act of 1934; and retrieval of these reports. The the Privacy Act of 1974, the FDIC may including any trust, trustee, beneficiary disclose information maintained in this search can be by date, or by name or or settlor required to report pursuant to location of the related financial system to: Securities and Exchange Commission (1) An appropriate governmental or institution. The FDIC intends to upgrade Rule 16a–8. the search capability in the near future self-regulatory organization when to allow for a search by name of a CATEGORIES OF RECORDS IN THE SYSTEM: relevant and necessary to the reporting person. In addition to Reporting persons submit organization’s regulatory or supervisory requiring the electronic filing and electronically or on paper reports on responsibilities or if the information is display of these reports, section 403 of any of the following three forms: ‘‘Initial relevant to a known or suspected Sarbanes-Oxley accelerated the time for Statement of Beneficial Ownership of violation of a law or licensing standard making certain beneficial ownership Securities,’’ ‘‘Statement of Changes in within that organization’s jurisdiction; filings, and establishes the time period Beneficial Ownership of Securities’’ and (2) The Department of Justice, a court, in which they must be made accessible ‘‘Annual Statement of Beneficial an adjudicative body, a party in to the public. Ownership of Securities.’’ Reporting litigation, or a witness if the FDIC During a transitional period, persons are required to use these forms determines that the information is beneficial ownership reports will to disclose ownership and transactional relevant and necessary to a proceeding continue to be filed in paper form. This information relative to their beneficial in which the FDIC, any FDIC employee provision for paper filing will be phased ownership of securities of FDIC-insured in his or her individual capacity out, except for limited ‘‘hardship’’ depository institutions with securities represented by the Department of Justice exceptions. Except where indicated, this registered under the Securities or the FDIC, or the United States is a notice describes the system as it will Exchange Act of 1934. Under section party or has an interest; exist when paper filing, except for 403 of the Sarbanes-Oxley Act of 2002, (3) A congressional office when the ‘‘hardship’’ paper filing, is eliminated. these forms must be submitted in information is relevant to an inquiry There are three types of electronically electronic form and must be made made at the request of the individual filed forms accessible through the available to the public on a Federal about whom the record is maintained; Beneficial Ownership Filings system on agency’s external Internet Web site. The or the FDIC’s public Internet Web site. forms require disclosure of the name of (4) A contractor or agent who needs They are titled: ‘‘Initial Statement of the financial institution, relationship of to have access to this system of records Beneficial Ownership of Securities,’’ reporting person to the financial to perform an assigned activity. ‘‘Statement of Changes in Beneficial institution, reporting person’s name and POLICIES AND PRACTICES FOR STORING, Ownership of Securities’’ and ‘‘Annual street address, date of form or RETRIEVING, ACCESSING, RETAINING AND Statement of Beneficial Ownership of amendment, and filer’s signature and DISPOSING OF RECORDS IN THE SYSTEM: date. A description of the securities’ Securities.’’ STORAGE: Comments: FDIC will consider terms and transactional information Records are stored in electronic media comments received within 30 days of including transaction date, type of or on paper format in file folders. the publication of this Notice. A revised transaction, amount of securities notice of changes made in response to acquired or disposed, price, aggregate RETRIEVABILITY: amount of securities beneficially owned, comments will be forthcoming, if Electronically filed reports are and form and nature of beneficial applicable. indexed and retrieved by the name of ownership must also be disclosed on the the reporting party. Paper-filed reports 30—64—0025 forms. are indexed by the name of the SYSTEM NAME: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: depository institution issuing the Beneficial Ownership Filings Sections 12(i) and 16(a) of the securities being reported, with sub- (Securities Exchange Act). Securities Exchange Act of 1934 indexing by the filer’s name. (respectively, 15 U.S.C. 78l(i) and SAFEGUARDS: SECURITY CLASSIFICATION: 78p(a)). None. Access to the information in this PURPOSES: electronic system of records is SYSTEM LOCATION: In accordance with section 16(a) of unrestricted. The filing and amendment The records are stored at the the Securities Exchange Act of 1934, as of electronic records is restricted to Accounting & Securities Disclosure amended by section 403 of the authorized users who have been issued Section, Division of Supervision and Sarbanes-Oxley Act of 2002, this non-transferable user id’s and Consumer Protection, Federal Deposit information is being made available to passwords.

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RETENTION AND DISPOSAL: beneficiary or settlor required to report Annual reporting hours: 1,400. Electronic media and paper files will pursuant to SEC Rule 16a–8. Estimated average hours per response: be retained for fifteen years from the 100. EXEMPTIONS CLAIMED FOR THE SYSTEM: date of filing and then will be deleted Number of respondents: 7. or destroyed in accordance with the None. General description of report: This FDIC’s publicly available Records By order of the Board of Directors. information collection is voluntary (12 Retention Schedule. Federal Deposit Insurance Corporation. U.S.C. §§ 248(a), 353–359, and 461) and Dated at Washington, DC, this 2nd day of is given confidential treatment (5 U.S.C. SYSTEM MANAGER(S) AND ADDRESS: December 2003. § 552(b)(4)). Accounting & Securities Disclosure Robert E. Feldman, Abstract: The FR 2436 collects Section, Division of Supervision and Executive Secretary. derivatives market statistics from seven Consumer Protection, Federal Deposit large U.S. dealers of over–the–counter [FR Doc. 03–31402 Filed 12–19–03; 8:45 am] Insurance Corporation, 550 17th Street, (OTC) derivatives. Data are collected on NW., Washington, DC 20429. BILLING CODE 6714–01–P notional amounts and gross market NOTIFICATION PROCEDURE: values of the volumes outstanding of broad categories of foreign exchange, Individuals with access to the Internet FEDERAL RESERVE SYSTEM interest rate, equity– and commodity– may directly enter the interagency linked over–the–counter derivatives Beneficial Ownership Filings system in Agency Information Collection contracts across a range of underlying order to determine if they are named in Activities: Announcement of Board currencies, interest rates, and equity this system of records as well as to Approval Under Delegated Authority markets. obtain the records maintained in this and Submission to OMB This collection of information system. Individuals may also do so by AGENCY: Board of Governors of the complements the ongoing triennial submitting their request in writing to Federal Reserve System. Survey of Foreign Exchange and the Accounting & Securities Disclosure SUMMARY: Notice is hereby given of the Derivatives Market Activity (FR 3036; Section, Room F–6043, Division of final approval of proposed information OMB No. 7100–0285). The FR 2436 Supervision and Consumer Protection, collections by the Board of Governors of collects similar data on the outstanding Federal Deposit Insurance Corporation, the Federal Reserve System (Board) volume of derivatives, but not on 550 17th Street NW., Washington, DC under OMB delegated authority, as per derivatives turnover. As with the FR 20429. 5 CFR 1320.16 (OMB Regulations on 3036, the Federal Reserve conducts this RECORDS ACCESS PROCEDURES: Controlling Paperwork Burdens on the report in coordination with other central Same as ‘‘Notification’’ above. Public). Board–approved collections of banks and forwards the aggregated data information are incorporated into the furnished by U.S. reporters to the Bank CONTESTING RECORD PROCEDURES: official OMB inventory of currently for International Settlements (BIS), The filer may directly amend approved collections of information. which publishes global market statistics information maintained in the Copies of the OMB 83–I’s and that are aggregations of national data. interagency Beneficial Ownership supporting statements and approved 2. Report title: Domestic Branch Filings system by submitting an collection of information instrument(s) Notification. amended beneficial ownership filing. are placed into OMB’s public docket Agency form number: FR 4001. The original filing remains in the files. The Federal Reserve may not OMB Control number: 7100–0097. Beneficial Ownership Filings system conduct or sponsor, and the respondent Frequency: On occasion. and continues to be accessible through is not required to respond to, an Reporters: State member banks. the FDIC’s external Web site. In the information collection that has been Annual reporting hours: 599 hours. alternative, pursuant to 12 CFR 310.7, extended, revised, or implemented on or Estimated average hours per response: individuals to whom the information after October 1, 1995, unless it displays 30 minutes for expedited notifications; pertains may submit requests for the a currently valid OMB control number. 1 hour for nonexpedited notifications. amendment of records in writing to the FOR FURTHER INFORMATION CONTACT: Number of respondents: 474 Federal Deposit Insurance Corporation, Federal Reserve Clearance Officer Cindy expedited; 362 nonexpedited. FOIA/PA Group, 550 17th Street, NW., Ayouch––Division of Research and General description of report: This Washington, DC 20429. Under 12 CFR Statistics, Board of Governors of the information collection is mandatory (12 310.8, such requests will be reviewed by Federal Reserve System, Washington, U.S.C. 321) and is not given confidential the system manager of the system of DC 20551 (202)452–3829. treatment. records. Denials of requests for OMB Desk Officer Joseph Lackey–– Abstract: The Federal Reserve System amendments may be appealed to the Office of Information and Regulatory requires a state member bank to file a General Counsel of the FDIC as Affairs, Office of Management and notification whenever it proposes to provided in 12 CFR 310.9. Budget, New Executive Office Building, establish a domestic branch. There is no Room 10235, Washington, DC 20503 formal reporting form; banks notify the RECORD SOURCE CATEGORIES: Federal Reserve by letter prior to Information originates from (1) any Final approval under OMB delegated making the proposed investment. The director or officer of an FDIC-insured authority of the extension for three Federal Reserve uses the information to depository institution with a class of years, without revision, of the following fulfill its statutory obligation to equity securities registered pursuant to reports: supervise state member banks. section 12 of the Securities Exchange 1. Report title: Semiannual Report of Final approval under OMB delegated Act of 1934; and (2) any beneficial Derivatives Activity. owner of greater than 10% of an FDIC- authority of the implementation of the Agency form number: FR 2436. following report: insured depository institution with a OMB Control number: 7100–0286. class of equity securities registered Frequency: Semiannual. Report title: Central Bank Survey of under the Securities Exchange Act of Reporters: Large U.S. dealers of over– Foreign Exchange and Derivatives 1934, including any trust, trustee, the–counter (OTC) derivatives. Market Activity.

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Agency form number: FR 3036. the BHC Act (12 U.S.C. 1842(c)). If the Comments are invited on: (a) Whether OMB control number: 7100–0285. proposal also involves the acquisition of the proposed collection of information Frequency: One–time. a nonbanking company, the review also is necessary for the proper performance Reporters: Financial institutions that includes whether the acquisition of the of the functions of the agency, including serve as intermediaries in the wholesale nonbanking company complies with the whether the information shall have foreign exchange and derivatives market standards in section 4 of the BHC Act practical utility; (b) the accuracy of the and dealers. (12 U.S.C. 1843). Unless otherwise agency’s estimate of the burden of the Annual reporting hours: 3,945. noted, nonbanking activities will be proposed collection of information; (c) Estimated average hours per response: conducted throughout the United States. ways to enhance the quality, utility, and Turnover survey: 51 hours; outstandings Additional information on all bank clarity of the information to be survey: 15 hours for FR 2436 reporters, holding companies may be obtained collected; and (d) ways to minimize the 60 hours for non–FR 2436 reporters. from the National Information Center burden of the collection of information Number of respondents: 60. website at http://www.ffiec.gov/nic/. on respondents, including through the General description of report: This Unless otherwise noted, comments use of automated collection techniques information collection is voluntary (12 regarding each of these applications or other forms of information U.S.C. 248(a), 353–359, and 461) and is must be received at the Reserve Bank technology. Send comments to Seleda given confidential treatment (5 U.S.C. § indicated or the offices of the Board of M. Perryman, CDC Assistant Reports 552(b)(4)). Clearance Officer, 1600 Clifton Road, Abstract: The FR 3036 is the U.S. part Governors not later than January 16, 2004. MS-E11, Atlanta, GA 30333. Written of a global data collection that is comments should be received within 14 conducted by central banks every three A. Federal Reserve Bank of Atlanta (Sue Costello, Vice President) 1000 days of this notice. years. More than fifty central banks plan Proposed Project: State-based to conduct the survey in 2004. The Bank Peachtree Street NE., Atlanta, Georgia 30303: Evaluation of the Alert Notification for International Settlements (BIS) Component of CDC’s Epidemic compiles national data from each 1. Community Bancshares of Mississippi, Inc., Brandon, Mississippi; Information Exchange (Epi-X) Secure central bank to produce global market Public Health Communications statistics. to acquire 100 percent of the voting shares of Security Bancshares, Inc., and Network—New—Epidemiology Program The Federal Reserve System and other Office (EPO), Centers for Disease government agencies use the survey to thereby indirectly acquire Security Bank of Amory, both of Amory, Mississippi. Control and Prevention (CDC). Great monitor activity in the foreign exchange attention has been focused on and derivatives markets. Respondents Board of Governors of the Federal Reserve improving secure public health use the published data to gauge their System, December 17, 2003. communications networks for the market share. Robert deV. Frierson, dissemination of critical disease Board of Governors of the Federal Deputy Secretary of the Board. outbreak and/or bioterrorism-related Reserve System, December 16, 2003. [FR Doc. E3–00607 Filed 12–19–03; 8:45 am] events, which may have multi- Jennifer J. Johnson, BILLING CODE 6210–01–S jurisdictional involvement and cause Secretary of the Board. disease and death within a short time- frame. [FR Doc. E3–00603 Filed 12–19–03; 8:45 am] CDC proposes an information BILLING CODE 6210–01–S DEPARTMENT OF HEALTH AND gathering training exercise to evaluate HUMAN SERVICES the extent to which new registrants and FEDERAL RESERVE SYSTEM Centers for Disease Control and currently authorized users of the Prevention Epidemic Information Exchange (Epi-X) Formations of, Acquisitions by, and are able to utilize alert notification Mergers of Bank Holding Companies [60 Day–04–17] functionality to minimize or prevent unnecessary injury or disease-related The companies listed in this notice Proposed Data Collections Submitted morbidity and mortality through the use have applied to the Board for approval, for Public Comment and of secure communications and rapid pursuant to the Bank Holding Company Recommendations notification systems. In this case, Act of 1956 (12 U.S.C. 1841 et seq.) notification alerts would be sent to (BHC Act), Regulation Y (12 CFR part In compliance with the requirement targeted public health professionals 225), and all other applicable statutes of section 3506(c)(2)(A) of the through a ‘‘barrage’’ of office and cell and regulations to become a bank Paperwork Reduction Act of 1995 for phones, home telephones, and pager holding company and/or to acquire the opportunity for public comment on calls to rapidly inform key health assets or the ownership of, control of, or proposed data collection projects, the authorities from multidisciplinary the power to vote shares of a bank or Centers for Disease Control and backgrounds and multiple jurisdictions bank holding company and all of the Prevention (CDC) will publish periodic of evolving and critical public health banks and nonbanking companies summaries of proposed projects. To information, to assist in a decision owned by the bank holding company, request more information on the making process. including the companies listed below. proposed projects or to obtain a copy of Presently, the necessity of this The applications listed below, as well the data collection plans and evaluation process is timely because of as other related filings required by the instruments, call the CDC Reports the threat of a national influenza Board, are available for immediate Clearance Officer on (404) 498–1210. epidemic in the coming months. inspection at the Federal Reserve Bank CDC is requesting an emergency Information will be gathered through an indicated. The application also will be clearance for this data collection with a online questionnaire format. The available for inspection at the offices of two week public comment period. CDC information will help evaluate user the Board of Governors. Interested is requesting OMB approval of this comprehension and facility with the persons may express their views in package 7 days after the end of the notification and rapid alerting writing on the standards enumerated in public comment period. functionalities of Epi-X. The

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questionnaire will consist of both During the first 6 months, the Epi-X communications system. closed- and open-ended items, and will approximately 500 Epi-X users from There will be no cost to respondents, be administered through Zoomerang, an every state of the union will be asked to participation will be voluntary. online questionnaire program. If these volunteer input (in a 5–10 question measures fail, respondents will be format) about their experiences using contacted by telephone. the alert notification functionalities of

Average bur- No. of re- No. of re- den per re- Total burden Respondents spondents sponses per sponse (in hours) respondnet (in hours)

State and Local Health Professionals ...... 500 1 15/60 125

Total ...... 125

Dated: December 16, 2003. other committee management activities, for including the use of automated Alvin Hall, both CDC and the Agency for Toxic collection methods or other types of Director, Management Analysis and Services Substances and Disease Registry. information technology. Office, Centers for Disease Control and Dated: December 14, 2003. Prevention. Proposed Project: Ryan White Alvin Hall, Comprehensive AIDS Resources [FR Doc. 03–31434 Filed 12–19–03; 8:45 am] Director, Management Analysis and Services Emergency (CARE) Act Title II Grant BILLING CODE 4163–18–P Office, Centers for Disease Control and Application Supplements: In Use Prevention. Without Approval [FR Doc. 03–31433 Filed 12–19–03; 8:45 am] DEPARTMENT OF HEALTH AND BILLING CODE 4163–18–P The CARE Act (codified under Title HUMAN SERVICES XXVI of the Public Health Service Act) was first enacted by Congress in 1990, Centers for Disease Control and DEPARTMENT OF HEALTH AND and reauthorized in 1996 and 2000. It Prevention HUMAN SERVICES addresses the unmet health needs of Advisory Committee to the Director, persons living with HIV disease by Health Resources and Services funding primary health care and Centers for Disease Control and Administration Prevention support services that enhance access to and retention in care. The CARE Act In accordance with section 10(a)(2) of Agency Information Collection funded services reach over 500,000 the Federal Advisory Committee Act Activities: Proposed Collection; individuals; after Medicaid and (Pub. L. 92–463), the Centers for Disease Comment Request Medicare, it is the largest single source Control and Prevention (CDC) In compliance with the requirement of Federal funding for HIV/AIDS care announces the following advisory for the opportunity for public comment for low-income, uninsured, and committee meeting. on proposed data collection projects underinsured Americans. The Title II Name: Advisory Committee to the Director, (section 3506(c)(2)(A) of title 44, United Care Grant Program (CGP) provides CDC. States Code, as amended by the formula grants to all 50 States; the Time and Date: 8:30 a.m.–4 p.m., February Paperwork Reduction Act of 1995 District of Columbia; the 5, 2004. (Public Law 104–13), the Health Commonwealth of Puerto Rico; the Place: Centers for Disease Control and Resources and Services Administration Territories of the Virgin Islands, Guam, Prevention, Roybal Campus, 1600 Clifton (HRSA) publishes periodic summaries and American Samoa; the Road, NE, Auditorium B, Atlanta, Georgia Commonwealth of the Northern Mariana 30333. of proposed projects being developed Status: Open to the public, limited only by for submission to the Office of Islands, the Republic of Palau, the the space available. The meeting room Management and Budget (OMB) under Federated States of Micronesia, and the accommodates approximately 350 people. the Paperwork Reduction Act of 1995. Republic of the Marshall Islands. Purpose: The committee will provide To request more information on the Funding is disbursed to these grantees advice to CDC Director on strategic and other proposed grant information collection by HRSA based on a Congressionally broad issues facing CDC. activity or to obtain a copy of the data mandated formula. Matters to Be Discussed: Agenda items will collection plan and draft instruments, The purpose of the Title II CGP is to include discussion of the CDC Futures Initiative and updates on CDC priorities with call the HRSA Reports Clearance Officer assist States and Territories in discussions of program activities including at (301) 443–1129. developing and/or enhancing access to updates on CDC scientific and programmatic Comments are invited on: (a) Whether a comprehensive continuum of high activities. the proposed collection of information quality, community based care for low- Agenda items are subject to change as is necessary for proper performance of income individuals and families living priorities dictate. grantee functions including whether the with HIV. Grantees may allocate funds For More Information Contact: Robert information will have practical utility; to five legislatively authorized program Delaney, Executive Secretary, Advisory (b) the accuracy of the burden estimate components: (1) HIV Care Consortia, to Committee to the Director, CDC, 1600 Clifton of the proposed collection of provide comprehensive outpatient Road, NE., M/S D–14, Atlanta, Georgia 30333. Telephone 404/639–7000. information; (c) ways to enhance the health and support services, such as The Director, Management Analysis and quality, utility and clarity of the early intervention services, outpatient Services Office, has been delegated the information to be collected; and (d) medical care, case management, authority to sign Federal Register notices ways to minimize the information substance abuse treatment, mental pertaining to announcements of meetings and collection burden on respondents, health services, transportation; (2)

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Home- and Community-Based Care; (3) determination of the size and The Title II Application Supplements Health-Insurance Continuation, demographics of the population of will be transmitted by mail and including risk pools; (4) Provision of people living with HIV in the State/ electronically to all States and Treatments for HIV disease or to prevent Territory (Supplement 3); and (d) have Territories and made available through the serious deterioration of health prepared a comprehensive plan the HRSA web site. Applicants will arising from HIV disease; and (5) State describing the organization and delivery submit the Supplements electronically Direct Services, which are HIV/AIDS of HIV health care and support services along with Form PHS–5161–1 (Revised outpatient health or support service to be funded under Title II that is based 7/00), SF–424 and the program narrative provided through State delivery on the size and demographics of the portion of their application, using the mechanisms determined by the grantee population of individuals with HIV and Grants Management electronic to be more effective than providing the their needs, the availability of other transmission mechanisms established service(s) through consortia. non-governmental and governmental by HRSA. The Supplements will The Title II Grant Application resources (including Medicaid and include check box responses; fields for Supplements have been designed to SCHIP), any capacity development reporting numeric fiscal and collect information from States and needs resulting from disparities in the epidemiological data; and text boxes for Territories in a consistent, standard way availability of HIV-related services in describing other required information. when they apply for a grant. This historically underserved communities The Supplements will automatically information is needed to determine that and rural communities, and the generate totals when appropriate, and funds are being used as intended by the efficiency of the administrative have other automated fields to minimize Congress and in compliance with CARE mechanism of the State for rapidly the time required to insert identifying Act mandates. This includes allocating funds to areas of greatest need information. requirements that grantees: (a) Obligate within the State/Territory). The Supplements will require Title II Title II funds quickly, closely monitor In addition, HRSA uses the collected applicants/grantees to report local their use, and ensure that they are used information as a benchmark for epidemiological information and some as the payer of last resort (Supplement monitoring grantee performance during fiscal and programmatic data collected 1); (b) satisfy the Maintenance of Effort the fiscal year; to identify individual from Title II funded contractors (sub- requirement and ensure that Title II and cross cutting grantee technical grantees), which grantees have been funds are used to supplement, and not assistance needs; and to detect emerging collecting and reporting since FY 1995 supplant, existing State expenditures for HIV/AIDS care services issues that may or earlier. The approximate response HIV-related care and treatment services require changes in existing program burden for applicants/grantees is (Supplement 2); (c) include a policies or procedures. estimated as:

Estimated Estimated number of grantee respondents responses Total number of Hours per Estimated total per grantee responses response hour burden

59 ...... 1 59 8 472

Send comments to Susan G. Queen, (Public Law 104–13), the Health Proposed Project: Ryan White PhD, HRSA Reports Clearance Officer, Resources and Services Administration Comprehensive AIDS Resources Room 14–33, Parklawn Building, 5600 (HRSA) publishes periodic summaries Emergency (CARE) Act Title I Grant Fishers Lane, Rockville, MD 20857. of proposed projects being developed Application Supplements: In Use Written comments should be received for submission to the Office of Without Approval within 60 days of this notice. Management and Budget (OMB) under The CARE Act (codified under Title Dated: December 16, 2003. the Paperwork Reduction Act of 1995. XXVI of the Public Health Service Act) Tina M. Cheatham, To request more information on the was first enacted by Congress in 1990, Acting Director, Division of Policy Review proposed grant information collection and reauthorized in 1996 and 2000. It and Coordination. activity or to obtain a copy of the data addresses the unmet health needs of [FR Doc. 03–31428 Filed 12–19–03; 8:45 am] collection plan and draft instruments, persons living with HIV disease by BILLING CODE 4165–15–P call the HRSA Reports Clearance Officer funding primary health care and at (301) 443–1129. support services that enhance access to Comments are invited on: (a) Whether and retention in care. The CARE Act DEPARTMENT OF HEALTH AND the proposed collection of information funded services reach over 500,000 HUMAN SERVICES is necessary for proper performance of individuals; after Medicaid and Medicare, it is the largest single source Health Resources and Services grantee functions including whether the of Federal funding for HIV/AIDS care Administration information will have practical utility; (b) the accuracy of the burden estimate for low-income, uninsured, and Agency Information Collection of the proposed collection of underinsured Americans. Title I under Activities: Proposed Collection; information; (c) ways to enhance the the CARE Act provides emergency Comment Request quality, utility and clarity of the assistance to eligible metropolitan areas (EMAs) that have been most severely information to be collected; and (d) In compliance with the requirement affected by the HIV epidemic, for the ways to minimize the information for the opportunity for public comment purpose of developing or enhancing a on proposed data collection projects collection burden on respondents, continuum of high quality, community- (section 3506(c)(2)(A) of title 44, United including the use of automated based care for low-income individuals States Code, as amended by the collection methods or other types of and families. HRSA disburses Paperwork Reduction Act of 1995 information technology. approximately one-half of the Title I

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funds among 51 EMAs based on a The Title I Grant Application monitoring grantee performance during Congressionally mandated formula. The Supplements have been designed to the fiscal year; to identify individual remaining funds are available on a collect information from EMAs in a and cross-cutting grantee technical competitive basis to those same EMAs consistent, standard way when they assistance needs; and to detect emerging that demonstrate severe need for apply for new or competing HIV/AIDS care services issues that may supplemental assistance to combat the continuation grant funds in a combined require changes in existing program HIV epidemic, and an ability to disburse formula and supplemental grant policies or procedures. and use supplemental resources in a application. This information is needed The Title I Application Supplements manner that is immediately responsive to determine that funds are being used will be transmitted by mail and to the local epidemic and cost effective. as intended by the Congress and in electronically to all Title I EMAs and compliance with CARE Act mandates, The CARE Act requires local planning made available through the HRSA web and that supplemental funds are councils to establish Title I priorities site. Applicants will submit the awarded to grantees on the basis of and allocate funds, taking into account Supplements electronically along with objective criteria consistent with CARE Form PHS–5161–1 (Revised 7/00), SF– critical factors. These include the: size Act requirements. This includes and demographics of the local HIV 424 and the program narrative portion requirements that grantees demonstrate: of their application, using the Grants epidemic; demonstrated (or probable) (a) Severity of need for emergency cost effectiveness and outcome Management electronic transmission assistance to combat the HIV epidemic, mechanisms established by HRSA. The effectiveness of proposed strategies and including the unmet needs of persons Supplements will include check box interventions; priorities of the who know their HIV status but are not responses; fields for reporting numeric communities with HIV disease for yet in care, (Supplements 1, 4 and 5); (b) fiscal and epidemiological data; and text whom the services are intended; a functioning planning council that is in boxes for describing other required coordination of HIV care services conformance with statutory membership information. The Supplements will delivery with HIV prevention programs requirements and carrying out automatically generate totals when and programs for the prevention and mandated duties and responsibilities, appropriate, and have other automated treatment of substance abuse; (Supplement 2); (c) an ability to use fields to minimize the time required to availability of other governmental and Title I grant resources in a manner that insert identifying information. nongovernmental resources; and is immediately responsive to the local capacity development needs resulting epidemic and cost effective, and in The Supplements will require Title I from disparities in the availability of compliance with payer of last resort, applicants/grantees to report local treatment and services in underserved maintenance of effort and related epidemiological information and some communities. Other planning council requirements, (Supplements 3 and 6); fiscal and programmatic data collected duties include developing a and (d) a comprehensive plan for the from Title I funded contractors (sub- comprehensive plan for the delivery of delivery of HIV/AIDS care services that grantees), which grantees have been services and evaluating the effectiveness is responsive to the local epidemic and collecting and reporting since FY 1995 of administrative mechanisms used by unmet needs, (Supplements 7 and 8). or earlier. The approximate response the grantee to disburse (contract) the In addition, HRSA uses the collected burden for applicants/grantees is funds locally. information as a benchmark for estimated as:

Estimated Estimated number of grantee respondents responses Total number of Hours per Estimated total per grantee responses response hour burden

51 ...... 1 51 16 816

Send comments to Susan G. Queen, DEPARTMENT OF HEALTH AND proposed project or to obtain a copy of PhD, HRSA Reports Clearance Officer, HUMAN SERVICES the data collection plans and draft Room 14–33, Parklawn Building, 5600 instruments, call the HRSA Reports Fishers Lane, Rockville, MD 20857. Health Resources and Services Clearance Officer on (301) 443–1129. Administration Written comments should be received Comments are invited on: (a) Whether within 60 day of this notice. Agency Information Collection the proposed collection of information Dated: December 16, 2003. Activities: Proposed Collection; is necessary for the proper performance Tina M. Cheatham, Comment Request of the functions of the agency, including whether the information shall have Acting Director, Division of Policy Review In compliance with the requirement practical utility; (b) the accuracy of the and Coordination. for opportunity for public comment on [FR Doc. 03–31429 Filed 12–19–03; 8:45 am] proposed data collection projects agency’s estimate of the burden of the proposed collection of information; (c) BILLING CODE 4165–15–P (section 3506(c)(2)(A) of title 44, United States Code, as amended by the ways to enhance the quality, utility, and Paperwork Reduction Act of 1995, clarity of the information to be Public Law 104–13), the Health collected; and (d) ways to minimize the Resources and Services Administration burden of the collection of information (HRSA) publishes periodic summaries on respondents, including through the of proposed projects being developed use of automated collection techniques for submission to the Office of or other forms of information Management and Budget under the technology. Paperwork Reduction Act of 1995. To request more information on the

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Proposed Project: The National Health entered into contracts with health their service obligation to pursue Service Corps Scholarship Program professions students agreeing to pay the postgraduate training approved by the Deferment Request Forms and total school tuition, required fees and a NHSC. The Deferment Request Form Associated Reporting Requirements stipend for living expenses. In solicits information (including the (OMB No. 0915–0179)—Revision exchange, the scholarship recipients period and type of training for which agreed to provide full-time clinical the deferment is requested), so that the The National Health Service Corps services at a site in a federally NHSC is able to annually determine if (NHSC) Scholarship Program was designated HPSA. a deferment will be approved. In special established to assure an adequate To assure that scholars are adequately circumstances (e.g., switching residency supply of trained primary care health trained to provide primary health programs, requesting a chief residency professionals (allopathic physicians, services to the underserved, individuals position, etc.), the scholar may also be osteopathic physicians, dentists, nurse receiving a degree from a school of asked to submit additional practitioners, nurse midwives, medicine (allopathic or osteopathic) are documentation (e.g., a letter from the physician assistants, and, if needed by required by law to request a deferment new program director, a description of the NHSC program, other health of their service obligation to complete professionals), to provide services in primary care postgraduate training (e.g., the chief residency position and how it Health Professional Shortage Areas a residency) approved by the NHSC. would benefit the NHSC, etc.) (HPSAs) throughout the United States. Scholars in other disciplines (e.g., The estimated response burden is as Under the Program, the Secretary has dentistry) may request a deferment of follows:

Number of re- Responses per Hours per re- Total hour bur- Form spondents respondent sponse den

Deferment Request Forms ...... 600 1 1 600 Letters of Intent and Request ...... 100 1 1 100

Total ...... 700 ...... 700

Send comments to Susan G. Queen, the data collection plans and draft worksheets for each year that the Ph.D., HRSA Reports Clearance Officer, instruments, call the HRSA Reports student is an NHSC scholar. Room 16C–17, Parklawn Building, 5600 Clearance Officer on (301) 443–1129. The Data Sheet Form requests that the Fishers Lane, Rockville, MD 20857. Comments are invited on: (a) Whether NHSC scholar review the form for Written comments should be received the proposed collection of information accuracy of pertinent information such within 60 days of this notice. is necessary for the proper performance as, social security number, contact Dated: December 16, 2003. of the functions of the agency, including information, current curriculum, and Tina M. Cheatham, whether the information shall have date of graduation. If scholars find the Acting Director, Division of Policy Review practical utility; (b) the accuracy of the printed information to be accurate, they and Coordination. agency’s estimate of the burden of the must sign the form and return it to the [FR Doc. 03–31430 Filed 12–19–03; 8:45 am] proposed collection of information; (c) NHSC Scholarship Program in the BILLING CODE 4165–15–P ways to enhance the quality, utility, and envelope provided. If NHSC scholars clarity of the information to be find the information to be inaccurate, collected; and (d) ways to minimize the they are to make the necessary changes DEPARTMENT OF HEALTH AND burden of the collection of information directly on the form. If the inaccurate HUMAN SERVICES on respondents, including through the information pertains to their curriculum use of automated collection techniques Health Resources and Services or other forms of information or date of graduation, the scholars are Administration technology. also asked to include written supporting documentation from their schools. Proposed Project: The National Health Agency Information Collection The Verification Sheet Form is sent to Service Corps Scholarship Program In- Activities: Proposed Collection: the schools along with a list of the Comment Request School Worksheets (OMB No. 0915– NHSC scholars that are enrolled at their 0250)—Revision In compliance with the requirement school for the current academic year. for opportunity for public comment on The National Health Service Corps The schools are asked to verify and/or proposed data collection projects (NHSC) Scholarship Program was correct the enrollment status of each of (section 3506(c)(2)(A) of title 44, United established to help alleviate the the scholars on the list, sign and date States Code, as amended by the geographical maldistribution of the form, and return it to the NHSC Paperwork Reduction Act of 1995, physicians and other health Scholarship Program in the envelope Public Law 104–13), the Health practitioners in the United States. Under provided. Resources and Services Administration this program, health professions The Contact Sheet Form is sent to the (HRSA) publishes periodic summaries students are offered scholarships in schools and it requests the contact of proposed projects being developed return for future services in a federally- information of pertinent school officials. for submission to the Office of designated Health Professional Shortage This information is used by the NHSC Management and Budget under the Area. If awarded an NHSC scholarship, Paperwork Reduction Act of 1995. To the program will require the scholar and Scholarship Program for future contacts request more information on the the scholar’s school to review and with the schools. proposed project or to obtain a copy of complete relevant data collection The estimated burden is as follows:

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Number of re- Responses per Hours per Total burden Form name spondents respondent response hours

Data Sheet ...... 800 1 10 mins .... 134 Verification Sheet ...... 800 1 10 mins .... 134 Contact Sheet ...... 800 1 10 mins .... 134

Total ...... 2400 ...... 402

Send comments to Susan G. Queen, For Further Information Contact: Tira implemented on or after October 1, Ph.D., HRSA Reports Clearance Officer, Robinson, Division of National Health 1995, unless it displays a currently valid Room 16C–17, Parklawn Building, 5600 Service Corps, Bureau of Health Professions, OMB control number. Health Resources and Services Fishers Lane, Rockville, MD 20857. Administration, Parklawn Building, Room Proposed Collection: Title: The Written comments should be received 8A–55, 5600 Fishers Lane, Rockville, Atherosclerosis Risk in Communities within 60 days of this notice. Maryland 20857, telephone (301) 594–4140. Study (ARIC). Type of Information Dated: December 16, 2003. Collection Request: Revision of a Dated: December 16, 2003. Tina M. Cheatham, currently approved collection (OMB No. Tina M. Cheatham, 0925–0281). Need and Use of Acting Director, Division of Policy Review Acting Director, Division of Policy Review and Coordination. Information Collection: This project and Coordination. involves annual follow-up by telephone [FR Doc. 03–31431 Filed 12–19–03; 8:45 am] [FR Doc. 03–31427 Filed 12–19–03; 8:45 am] of participants in the ARIC study, BILLING CODE 4165–15–P BILLING CODE 4165–15–P review of their medical records, and interviews with doctors and family to identify disease occurrence. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES Interviewers will contact doctors and HUMAN SERVICES hospitals to ascertain participants’ cardiovascular events. Information Health Resources and Services National Institutes of Health Administration gathered will be used to further describe Submission for OMB Review; the risk factors, occurrence rates, and National Advisory Council on the Comment Request; The consequences of cardiovascular disease National Health Service Corps; Notice Atherosclerosis Risk in Communities in middle aged and older men and of Meeting Study (ARIC) women. Frequency of Response: The participants will be contacted annually. In accordance with section 10(a)(2) of SUMMARY: Under the provisions of Affected Public: Individuals or the Federal Advisory Committee Act section 3507(a)(1)(D) of the Paperwork households: Businesses or other for (Pub. L. 92–463), notice is hereby given Reduction Act of 1995, the National profit; Small Businesses or of the following Federal advisory Heart, Lung and Blood Institute organizations. Type of Respondents: committee meeting. The meeting will be (NHLBI), the National Institutes of Middle aged and elderly adults; doctors open to the public. Health (NIH) has submitted to the Office and staff of hospitals and nursing Name: National Advisory Council on the of Management and Budget (OMB) a homes. The annual reporting burden is National Health Service Corps request for review and approval of the as follows: Estimated Number of Date and Time: January 29, 2004; 5 p.m.– information collection listed below. Respondents: 13,640; Estimated Number 7 p.m. January 30, 2004; 8:30 a.m.–5 p.m. This proposed information collection of Responses per Respondent: 1.0; January 31, 2004; 9 a.m. to 5:30 p.m. was previously published in the Federal Average Burden Hours Per Response: February 1, 2004; 8 a.m.–10:30 a.m. Register on July 14, 2003, pages 41591– 0.1667; and Estimated Total Annual Place: Sheraton Premier at Tysons Corner, 41592, and allowed 60-days for public Burden Hours Requested; 6,865. The 8661 Leesburg Pike, Vienna, Virginia 22182, comment. No public comments were annualized cost to respondents is (703) 448–1234. received. The purpose of this notice is estimated at $25,808, assuming Agenda: The Council will be meeting in to allow an additional 30 days for public respondents’ time at the rate of $16.50 conjunction with the 2004 National Health Service Corps Placement Cycle Conference. comment. The National Institutes of per hour for family and patient This meeting will provide an opportunity to Health may not conduct or sponsor, and respondents, and $75 per hour for meet with program participants and gain the respondent is not required to physicians. There are no Capital Costs greater understanding of the placement respond to, an information collection to report. There are no Operating or process. that has been extended, revised, or Maintenance Costs to report.

ESTIMATE OF ANNUAL HOUR BURDEN

Number of re- Frequency of Average time Annual hour Type of response spondents response per response burden

Participant Follow-up ...... 13,050 1.0 0.1667 6,525 Physician, hospital, nursing home staff 1 ...... 180 1.0 0.2500 135 Participant’s next-of-kin 1 ...... 410 1.0 0.1667 205

Total ...... 13,640 1.0 ...... 6,865 1 Annual burden is placed on doctors, hospitals, nursing homes, and respondent relatives/informants through requests for information which will help in the compilation of the number and nature of new fatal and nonfatal events.

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Request for Comments: Written ACTION: Notice. would not be consistent with the comments and/or suggestions from the requirements of 35 U.S.C. 209 and 37 public and affected agencies should SUMMARY: This is notice, in accordance CFR 404.7. with 35 U.S.C. 209(c)(1) and 37 CFR address one or more of the following Properly filed competing applications 404.7(a)(1)(i), that the Food and Drug points: (1) Evaluate whether the for a license filed in response to this Administration and the Department of proposed collection of information is notice will be treated as objections to Health and Human Services is necessary for the proper performance of the contemplated license. Comments contemplating the grant of an exclusive the function of the agency, including and objections submitted in response to license to practice the inventions whether the information will have this notice will not be made available embodied in International Patent practical utility; (2) Evaluate the for public inspection, and, to the extent Application PCT/US02/40561, ‘‘Use of accuracy of the agency’s estimate of the permitted by law, will not be released Mutants of Human Insulin-Like Growth burden of the proposed collection of under the Freedom of Information Act, Factor Binding Protein-3 (IGFBP–3) in information, including the validity of 5 U.S.C. 552. the methodology and assumptions used; Treatment of Cancer’’, by Matthew Dated: December 16, 2003. (3) Enhance the quality, utility, and Rechler, filed on December 17, 2002, clarity of the information to be and claiming priority to U.S. provisional Steven M. Ferguson, collected; and (4) Minimize the burden patent application 60/341,920 filed Director, Division of Technology Development of the collection of information on those December 17, 2001, to Actis Biologics and Transfer, Office of Technology Transfer, National Institutes of Health. who are to respond, including the use Inc., which is located in Livermore, of appropriate automated, electronic, California. The patent rights in these [FR Doc. 03–31404 Filed 12–19–03; 8:45 am] mechanical, or other technological inventions have been assigned to the BILLING CODE 4140–01–P collection techniques or other forms of United States of America. information technology. The prospective exclusive license Direct Comments to OMB: Written territory will be worldwide and the field comments and/or suggestions regarding of use may be limited to human DEPARTMENT OF HOMELAND the item(s) contained in this notice, therapeutics for the treatment of SECURITY prostate and breast cancers. especially regarding the estimated Directorate of Science and DATES: Only written comments and/or public burden and associated response Technology; Notice of Establishment application for a license which are time, should be directed to the: Office of Homeland Security Science and received by the NIH Office of of Management and Budget, Office of Technology Advisory Committee Technology Transfer on or before Regulatory Affairs, New Executive (HSSTAC) Office Building, Room 10235, February 20, 2004 will be considered. Washington, DC. 20503, Attention: Desk ADDRESSES: Requests for copies of the AGENCY: Office of the Undersecretary for Officer for NIH. To request more patent application, inquiries, comments Science and Technology, Department of information on the proposed project or and other materials relating to the Homeland Security. to obtain a copy of the data collection contemplated exclusive license should ACTION: Notice. plans and instruments, contact: Dr. be directed to: Brenda J. Hefti, Merle Myerson, NIH, NHLBI, 6701 Technology Licensing Specialist, Office SUMMARY: Section 311 of the Homeland Rockledge Drive, MSC 7934, Bethesda, of Technology Transfer, National Security Act of 2002, Pub. L. 107–296, MD 20892–7934, or call non-toll-free Institutes of Health, 6011 Executive established within the Department of number 301–435–0707 or e-mail your Boulevard, Suite 325, Rockville, MD Homeland Security the Homeland request, including your address to: 20852–3804; Telephone: (301) 435– Security Science and Technology [email protected]. 4632; Facsimile: (301) 402–0220; E-mail: Advisory Committee (HSSTAC). The Comments Due Date: Comments [email protected]. regarding this information collection are mission of the HSSTAC is to be a source SUPPLEMENTARY INFORMATION: In this of independent, scientific and technical best assured of having their full effect if invention, human IGFBP–1 has been received within 30-days of the date of planning advice for the Under Secretary genetically modified so that its affinity for Science and Technology. this publication. for IGF–I and IGF–II is greatly reduced, FOR FURTHER INFORMATION CONTACT: Dated: December 11, 2003. and it can act only through a novel Dr. Ronald Taylor, Director, Office of Peter Savage, direct mechanism. These human Studies and Analysis, Department of Director, DECA, NHLBI, National Institutes IGFBP–3 mutants still can inhibit DNA of Health. synthesis and stimulate apoptosis, and Homeland Security Science and Technology Directorate, Washington, [FR Doc. 03–31403 Filed 12–19–03; 8:45 am] have been shown to induce apoptosis in DC 20528, telephone (202) 205–5041, BILLING CODE 4140–01–M human prostate cancer cells. The current invention could selectively exert fax (202) 772–9916. anti-proliferative action without SUPPLEMENTARY INFORMATION: DEPARTMENT OF HEALTH AND interfering with IGF actions, and may Purpose HUMAN SERVICES have therapeutic uses as an anti-tumor agent. The HSSTAC shall make National Institutes of Health The prospective exclusive license will recommendations with respect to the Prospective Grant of Exclusive be royalty-bearing and will comply with activities of the Under Secretary for License: Use of Mutants of Human the terms and conditions of 35 U.S.C. Science and Technology, including Insulin-Like Growth Factor Binding 209 and 37 CFR 404.7. The prospective identifying research areas of potential Protein-3 (IGFBP–3) in Treatment of exclusive license may be granted unless importance to the security of the Nation. Cancer within sixty (60) days from the date of The HSSTAC is to be a source of this published notice, the NIH receives independent, scientific and technical AGENCY: National Institutes of Health, written evidence and argument that planning advice for the Under Secretary Public Health Service, DHHS. establish that the grant of the license for Science and Technology.

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Membership membership. Nominees should send a of 1 year, 1 a term of 2 years, and the The HSSTAC consists of 20 members letter of interest and brief biography to other a term of 3 years. appointed by the Under Secretary for [email protected] or fax to the attention of While attending meetings or Science and Technology. The HSSTAC Dr. Ron Taylor at 202–772–9916. otherwise engaged in Committee members are (1) eminent in fields such Applicants selected for appointment business, Committee members are as emergency response, research, will be required to pass an appropriate authorized travel and subsistence or per engineering, new product development, security background check prior to diem allowances (as appropriate) in business, and management consulting; appointment to the committee. accordance with Federal government (2) selected solely on the basis of DATES: Your letter of interest and brief regulations. established records of distinguished biography should reach the Department Meetings service; (3) not employees of the Federal of Homeland Security on or before Government; and, (4) selected as to January 15, 2004. The HSSTAC will meet at least provide representation of a cross-section quarterly at the call of the Chair or FOR FURTHER INFORMATION CONTACT: Dr. of the research, development, whenever one-third of the members so Ronald Taylor, Director, Office of demonstration, and deployment request in writing. Studies and Analysis, Department of activities supported by the Under Homeland Security Science and Duration Secretary for Science and Technology. Technology Directorate, telephone 202– The HSSTAC is expected to be Meetings 205–5041, fax 202–772–9916. needed on a continuing basis. However, The HSSTAC will meet at least SUPPLEMENTARY INFORMATION: the HSSTAC will terminate on quarterly at the call of the Chair or November 25, 2005, pursuant to section Purpose whenever one-third of the members so 311(j) of the Homeland Security Act of request in writing. The HSSTAC shall make 2002 unless extended. recommendations with respect to the Duration Dated: December 16, 2003. activities of the Under Secretary for Charles E. McQueary, The HSSTAC is expected to be Science and Technology, including Under Secretary for Science and Technology, needed on a continuing basis. However, identifying research areas of potential Department of Homeland Security. the HSSTAC will terminate on importance to the security of the Nation. [FR Doc. 03–31448 Filed 12–19–03; 8:45 am] November 25, 2005, pursuant to section The HSSTAC is to be a source of BILLING CODE 4410–10–P 311(j) of the Homeland Security Act of independent, scientific and technical 2002 unless extended. planning advice for the Under Secretary Dated: December 16, 2003. for Science and Technology. DEPARTMENT OF HOMELAND Charles E. McQueary, Membership SECURITY Under Secretary for Science and Technology, Department of Homeland Security. The HSSTAC consists of 20 members Coast Guard appointed by the Under Secretary for [FR Doc. 03–31447 Filed 12–19–03; 8:45 am] [USCG–2003–16728] BILLING CODE 4410–10–P Science and Technology. The HSSTAC also includes emergency first- Maritime Security Directives (MARSEC responders or representatives of Directives) 104–1, 104–2, 104–3, 104–4, DEPARTMENT OF HOMELAND organizations or associations of 105–1, 105–2, 105–3 and 106–1; SECURITY emergency first-responders. (We are not Performance Standards for Cruise requesting applicants for these positions Ships and Facilities, Passenger Directorate of Science and in this notice.) The HSSTAC also Vessels/Ferryboats and Facilities, Technology; Notice of Homeland includes representatives of citizens Cargo/Other Commercial Vessels and Security Science and Technology groups, including economically- Facilities, Mobile Oil Drilling Units/Off- Advisory Committee (HSSTAC) disadvantaged communities. The Shore Supply Vessels, and Outer Vacancy and Call for Applications HSSTAC members are (1) eminent in Continental Shelf (OCS) Facilities AGENCY: Office of the Undersecretary for fields such as emergency response, Science and Technology, Department of research, engineering, new product AGENCY: Coast Guard, DHS. Homeland Security. development, business, and ACTION: Notice of availability. management consulting; (2) selected ACTION: Notice. solely on the basis of established SUMMARY: The Coast Guard announces SUMMARY: Pursuant to section 311 of the records of distinguished service; (3) not the availability of MARSEC Directives Homeland Security Act of 2002, Pub. L. employees of the Federal Government; 104–01, 104–02, 104–03, 104–4, 105–01, 107–296, the Secretary of the and, (4) selected as to provide 105–02, 105–03, and 106–1. The Department of Homeland Security is representation of a cross-section of the MARSEC Directives provide seeking nominations to fill a vacant seat research, development, demonstration, performance standards to assist facility on the Homeland Security Science and and deployment activities supported by and vessel owners/operators with Technology Advisory Committee the Under Secretary for Science and developing facility and vessel security (HSSTAC). Section 311(b)(1) of the Technology. plans that comport with national statute requires that the committee Members will serve terms of office of maritime security initiatives. include among its membership 3 years. However, to permit orderly Information within the MARSEC ‘‘Representatives of citizens groups, turnover of the committee’s Directives is designated sensitive including economically disadvantaged membership, the original members of security information (SSI) and is not communities.’’ Therefore, we are the HSSTAC will be appointed to three subject to public release. requesting qualified individuals that groups of approximately equal numbers DATES: The MARSEC Directives listed meet this criterion and are interested in each, and their terms of office will be above will be available on December 22, serving on this committee to apply for staggered. One group will have a term 2003.

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ADDRESSES: The MARSEC Directives Corpus Christi; Tel (361) 888–3162, 555 SUPPLEMENTARY INFORMATION: listed above are available at the N. Carancahua Street, Suite 500, What Action Is the Coast Guard following U.S. Coast Guard Marine Corpus Christi, TX 78478. Taking? Safety Offices: Port Arthur; Tel (409) 723–6509, Federal Boston; Tel (617) 223–3000, 455 Bldg, 2875 Jimmy Johnson Blvd., Port The Coast Guard is promulgating Commercial St., Boston, MA 02109– Arthur, TX 77640–2099. MARSEC Directives for those owners 1096. Houston-Galveston; Tel (713)671–5199, and operators of vessels and facilities Portland; Tel (207) 780–3251, 103 9640 Clinton Drive, Galena Park, TX subject to 33 CFR parts 104, 105, or 106. Commercial St., Portland, ME 04101– 77029. (a) MARSEC Directives 104–1 and 4726. New Orleans; Tel (504) 589–6196, 1615 104–2 applies to U.S. and foreign cruise Providence; Tel (401) 435–2300, 20 Poydras St. #77, New Orleans, LA ships, passenger vessels, and ferryboats Risho Ave. East, Providence, RI 70112–1254. that are subject to 33 CFR Part 104 that 02914–1208. Morgan City; Tel (985) 380–5305, 800 operate in U.S. waters. (b) MARSEC Directive 104–3 applies Group/MSO Long Island Sound; Tel David Dr., Rm. 232 Morgan City, LA to U.S. cargo, towing, and other (203) 468–4400, 120 Woodward Ave., 70380–1304. Sault Ste. Marie; Tel (906) 635–3220, commercial vessels subject to 33 CFR New Haven, CT 06512–3698. 337 Water Street, Sault Ste. Marie, MI Part 104 that operate in U.S. waters. New York; Tel (718) 354–4003 212, 49783–9501. Foreign cargo and other commercial Coast Guard Dr, Staten Ils, NY 10305. Chicago; Tel (630) 986–2155, 215 West vessels subject to the International Ship Baltimore; Tel (410) 576–2561, 2401 83rd St., Suite D, Burr Ridge, IL and Port Facility Security (ISPS) Code Hawkins Point Rd, Baltimore, MD 60521–7059. are not subject to the MARSEC 21226–5000. Milwaukee; Tel (414) 747–7155, 2420 S. Directives; however, implementation of Philadelphia; Tel (215) 271–4800, One Lincoln Memorial Dr., Milwaukee, WI their security plans will be reviewed Washington Ave., Philadelphia, PA 53207–1997. during Port State Control examinations. 19147–4395. Detroit; Tel (313) 568–9580, 110 Mt. (c) MARSEC Directive 104–4 applies Hampton Roads; Tel (757) 668–5510, Elliott Ave., Detroit, MI 48207–4380. to U.S. Mobile Offshore Drilling Units Norfolk Federal Bldg., 200 Granby Toledo; Tel (419) 259–6372, 420 and offshore supply vessels subject to Mall, Suite 700, Norfolk, VA 23510– Madison Ave., Suite 700, Toledo, OH 33 CFR part 104 that operate in waters 1888. 43604–1265. subject to U.S. jurisdiction. Wilmington; Tel (910) 772–2200, 400 Cleveland; Tel (216) 937–0111, 1055 (d) MARSEC Directive 105–1 applies Medical Center Dr., Wilmington, NC East Ninth St., Cleveland, OH 44114– to facilities in the U.S. subject to 33 CFR 28405–1816. 1092. part 105 that receive U.S. and foreign Miami; Tel (305) 535–8705, 100 Buffalo; Tel (716) 843–9570, 1 cruise ships. MacArthur Cswy, Miami, FL 33139. Fuhrmann Blvd., Buffalo, NY 14203– (e) MARSEC Directive 105–2 applies Tampa; Tel (813) 228–2191, 155 3189 to facilities in the U.S. subject to 33 CFR Columbia Dr., Tampa, FL 33606– Duluth; Tel (218) 720–5286, 600 S. Lake part 105 that receive U.S. and foreign 3598. Ave., Duluth, MN 55802–2352. passenger vessels and ferryboats. Jacksonville; Tel (904) 232–2640, 7820 San Diego; Tel (619) 683–6500, 2716 (f) MARSEC Directive 105–3 applies Arlington Expy. Suite 400, North Harbor Dr., San Diego, CA to cargo and other commercial facilities Jacksonville, FL 32211–7445. 92101–1064. in the U.S. subject to 33 CFR Part 105 Savannah; Tel (912) 652–4353, Juliette San Francisco Bay; Tel (510) 437–3135, that receive vessels and barges subject to G. Low Federal Bldg., 100 W. Coast Guard Island, Bldg. 14 33 CFR 104.105. Oglethorpe Ave., Suite 1017, Alameda, CA 94501–5100. (g) MARSEC Directive 106–1 applies Savannah, GA 31401. Los Angeles-Long Beach; Tel (562) 980– to Outer Continental Shelf facilities Charleston; Tel (843) 724–7683, 196 4429, 1001 S. Seaside Ave, Bldg 20, operating in U.S. waters and not subject Tradd St., Charleston, SC 29401– San Pedro, CA 90731–0208. to 33 CFR part 104. 1817. Portland; Tel (503) 240–9310, 6767 N. Owners and operators have the San Juan; Tel (787) 706–2400, P.O. Box Basin Ave., Portland, OR 97217–3992. primary responsibility for ensuring the 71526, San Juan, PR 00936–8626. Puget Sound; Tel (206) 217–6200, 1519 security of their vessels and facilities. St. Louis; Tel (314) 539–3091, 1222 Alaskan Way South Bldg. 1, Seattle, Owners and operators must include the Spruce St., St. Louis, MO 63103– WA 98134–1192. performance standards listed in the 2835. Honolulu; Tel (808) 522–8251, 433 Ala MARSEC Directives in their vessel and Memphis; Tel (901) 544–3941, 200 Moana Blvd., Pier 4, Honolulu, HI facility security plans. Jefferson Ave., Suite 1301, Memphis, 96813–4909. The performance standards do not TN 38103–2300. Guam; Tel (671) 339–2001, PSC 455, impose new industry requirements but Paducah; Tel (270) 442–1621, 225 Tully Box 176, FPO AP 96540–1056. provide supplemental direction to assist St. Paducah, KY 42003–0170. Anchorage; Tel (907) 271–6700, 510 L. with the development of vessel and Pittsburgh; Tel (412) 644–5808, Suite St., Suite 100, Anchorage, AK 99501– facility security plans required by 33 1150, Kossman Bldg., 100 Forbes 1946. CFR parts 104, 105, and 106. Ave., Pittsburgh, PA 15222–1371. Juneau; Tel (907) 463–2450, 2760 To ensure these performance Huntington; Tel (304) 529–5524, 1415 Sherwood Lane, Suite 2A, Juneau, AK standards are disseminated efficiently 6th Ave., Huntington, WV 25701– 99801–8545. and consistently, Coast Guard Area/ 2420. Prince William Sound; Tel (907) 835– District Commanders and COTPs will Louisville; Tel (502) 582–5194, 600 7200, P.O. Box 486, 105 Clifton Dr., notify appropriate owners and operators Martin Luther King Jr. Place Rm. 360, Valdez, AK 99686–0486. of vessels and/or facilities regulated Louisville, KY 40202–2230. FOR FURTHER INFORMATION CONTACT: If under 33 CFR parts 104, 105 and 106. Mobile; Tel (251) 441–5201, South you have questions regarding this The COTP or Area/District Commander Broad St., Bldg. 102, Mobile, AL notice, call LT Bruce Walker, U.S. Coast will confirm, prior to distributing the 36615–1390. Guard, telephone 202–267–4148. MARSEC Directive, that the

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individual(s) is a ‘‘covered person’’ with ACTION: Notice. docket number. You may also visit the a ‘‘need to know’’, and that the Docket Management Facility in room MARSEC Directive will be safeguarded SUMMARY: This notice addresses the use PL–401 on the Plaza level of the Nassif as SSI as defined in 49 CFR part 1520. of a Marine Safety Center Technical Building, 400 Seventh Street, SW., Owners/operators of vessels and Note (MTN) for interpreting the Coast Washington, DC, between 9 a.m. and 5 facilities regulated under 33 CFR parts Guard’s vessel tonnage measurement p.m., Monday through Friday, except 104, 105, and 106 may also contact the regulations. While the regulations Federal holidays. local COTP to obtain a copy of the provide the necessary framework for applicable MARSEC Directive. Local assigning gross and net tonnages and Background registered dimensions to vessels, COTP contact information can be found The Coast Guard is responsible for in the ADDRESSES section of this notice. detailed interpretations of the regulations must be periodically made maintaining regulations for assigning Why Is the Coast Guard Taking This and disseminated to organizations gross and net tonnages and registered Action? authorized to perform tonnage dimensions to vessels. These regulations are found in title 46, Code of Federal The Coast Guard is issuing these measurement on the Coast Guard’s Regulations (CFR), part 69, MARSEC Directives to assist owners behalf. This notice advises the public on Measurement of Vessels. As was true for and operators of the affected maritime how an MTN on tonnage measurement predecessor Federal agencies industries in developing vessel and may be obtained and the process by responsible for interpreting the tonnage security plans required by 33 CFR parts which this MTN is periodically measurement regulations, the Coast 104 through 106. updated. Guard has found it necessary to Each MARSEC Directive contains SSI. EFFECTIVE DATE: This notice is effective If disclosed, the SSI could be used to establish interpretations of these on December 22, 2003. regulations to respond to novel subvert or exploit the security programs FOR FURTHER INFORMATION CONTACT: If of vessels, facilities, or ports. Therefore, situations, on a case-by-case basis, you have questions on this notice, call through policy decisions. Periodically, the MARSEC Directives are not subject Peter Eareckson, Chief, Tonnage to public disclosure, in accordance with these policy decisions are evaluated as Division, United States Coast Guard, to their appropriateness for 46 U.S.C. 40119. (202) 366–6502. If you have questions Since MARSEC Directives 104–1 thru incorporation into the tonnage on viewing or submitting material to the measurement regulations. 104–4, 105–1 thru 105–3, and 106–1 are docket, call Andrea M. Jenkins, Program issued to protect national security and Manager, Docket Operations, telephone MTN 01–99, Tonnage Technical Policy to preserve the rights and obligations of (202) 366–0271. the U.S. with regards to maritime MTN 01–99, Tonnage Technical SUPPLEMENTARY INFORMATION: security, the Coast Guard has Policy, is the current vehicle for determined that the issuance of these Comments ensuring that policy decisions are MARSEC Directives do not fall within available to organizations authorized to If you have comments on how the the requirements of the Administrative perform tonnage measurement on behalf Marine Safety Center Technical Note Procedure Act by virtue of the military of the Coast Guard. MTNs are policy (MTN) on tonnage measurement may be and foreign affairs exemption (5 U.S.C. documents developed and issued by the obtained and the process by which the 553(a)(1)). Furthermore, the basis for the Coast Guard Marine Safety Center MTN is periodically updated, please MARSEC Directives would also (MSC), a Coast Guard headquarters unit submit your comments, identified by constitute ‘‘good cause’’ within the responsible for tonnage measurement, Coast Guard docket number USCG– meaning of the Administrative plan review, and a number of other 2003–16682, to the Docket Management Procedure Act (5 U.S.C. 553(b)(3)(B) and technical functions. All MTNs, Facility located at the U.S. Department (d)(3)) regarding notice and comment including MTN 01–99, are posted on the of Transportation. To avoid duplication, rulemaking and effective dates since it MSC’s Web site at www.uscg.mil/hq/ please use only one of the following would be contrary to the public interest msc. A copy of the current version of methods: and impracticable to provide SSI MTN 01–99 is available in the docket (1) Web site: http://dms.dot.gov. relating to maritime security and (2) Mail: Docket Management Facility, (see ‘‘Viewing Comments and methods of detection, deterrence, and U.S. Department of Transportation, 400 Documents,’’ above.) While MTN 01–99 response in a public forum. Seventh Street, SW., Washington, DC is intended for use by organizations Dated: December 15, 2003. 20590–0001. authorized to perform tonnage measurement on behalf of the Coast L.L. Hereth, (3) Fax: (202) 493–2251. Guard, we recognize that it contains Rear Admiral, U.S. Coast Guard, Director of (4) Delivery: Room PL–401 on the Port Security. Plaza level of the Nassif Building, 400 information that may affect decisions on vessel designs and that the public may [FR Doc. 03–31390 Filed 12–19–03; 8:45 am] Seventh Street, SW., Washington, DC, benefit by our making it widely BILLING CODE 4910–15–P between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. available to parties other than The telephone number is (202) 366– authorized measurement organizations. DEPARTMENT OF HOMELAND 9329. Changes to MTN 01–99 SECURITY (5) Federal eRulemaking Portal: http://www.regulations.gov. The MSC periodically issues changes Coast Guard to MTN 01–99 to keep it up-to-date with Viewing Comments and Documents relevant policy decisions. Since it was [USCG–2003–16682] To view comments, as well as first published in 1999, MTN 01–99 has Interpretations of Vessel Tonnage documents mentioned in this notice as undergone six changes. The current Measurement Regulations being available in the docket, go to version of the document (MTN 01–99 http://dms.dot.gov at any time and Change 6) includes interpretations AGENCY: Coast Guard, DHS. conduct a simple search using the summarized as follows:

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1. Clarifications on the treatment of Dated: December 16, 2003. comments should address one or more uncovered spaces with high sides under Joseph J. Angelo, of the following four points: the convention measurement system. Director of Standards, Marine Safety, Security (1) Evaluate whether the proposed 2. Interpretations of the International and Environmental Protection. collection of information is necessary Maritime Organization (IMO) Tonnage [FR Doc. 03–31389 Filed 12–19–03; 8:45 am] for the proper performance of the Measurement Circular (TM. 5/Circ. 5), BILLING CODE 4910–15–P functions of the agency, including dated June 10, 1994. whether the information will have 3. Interpretations relating to methods practical utility; of calculating volumes that are DEPARTMENT OF HOMELAND (2) Evaluate the accuracy of the considered to be accepted naval SECURITY agencies estimate of the burden of the architectural practice. proposed collection of information, Customs and Border Protection 4. Novel Craft interpretations for including the validity of the offshore supply vessels (OSVs) that methodology and assumptions used; Agency Information Collection (3) Enhance the quality, utility, and provide for ignoring uncovered cargo Activities: Proposed Collection; clarity of the information to be deck space when determining the total Comments Requested collected; and volume of all enclosed space. (4) Minimize the burden of the Action: 30-day notice of information 5. Clarifications on the number of collection of information on those who collection under review: Arrival Record, allowed ‘‘zero area’’ tonnage stations are to respond, including through the Form I–94AOT. under the standard measurement use of appropriate automated, The Department of Homeland system. electronic, mechanical, or other Security (DHS), U.S. Customs and 6. Criteria for tonnage length technological collection techniques or Border Protection (CBP) has submitted termination points. other forms of information technology, the following information collection 7. Criteria relative to ordinary frames e.g., permitting electronic submission of request to the Office of Management and including, maximum frame spacing and responses. treatment of the frame openings and Budget (OMB) for review and approval Overview of this information other discontinuities. in accordance with the Paperwork collection: 8. Interpretations on establishing Reduction Act of 1995. The proposed (1) Type of Information Collection: breadth measurements under the information collection is published to Extension of a currently approved standard measurement system for multi- obtain comments from the public and collection. hull vessels. affected agencies. This proposed (2) Title of the Form/Collection: information collection was previously 9. Interpretations eliminating the Arrival Record. published in the Federal Register at 68 prohibition against using tonnage (3) Agency form number, if any, and FR 55408 on September 25, 2003, openings to exempt passenger space that the applicable component of the allowing for a 60-day public review and is located on the uppermost complete Department of Homeland Security comment period. No comments were deck. sponsoring the collection: Form I– received by DHS. 94AOT, U.S. Customs and Border 10. Interpretations relative to the A second notice was published in the progression of open space in structures Protection. Federal Register at 68 FR 69713 on (4) Affected public who will be asked under the standard measurement December 15, 2003, allowing for an system. or required to respond, as well as a brief additional 30 days for public review and abstract: Primary: Individual or 12. A procedure for calculating the comment. The second notice incorrectly Households. The information collected tonnage of exemptible under-deck listed Immigration and Customs is captured electronically as part of a water-ballast spaces. Enforcement (ICE) as the DHS pilot program established by the legacy 13. Clarification that a two-deck component responsible for this Immigration and Naturalization Service vessel cannot be assigned single information collection. The second in cooperation with two participating tonnages under the dual measurement notice should have listed CBP as the carriers to streamline document system, unless a load line is assigned. DHS component responsible for this handling and data processing. The 14. Interpretations relative to hull information collection. Accordingly, the information collected will be used by measurement termination points under public has 30 days until January 21, DHS to document an alien’s arrival and the simplified measurement system. 2004 to submit comments. This process departure to and from the United States 15. Clarifications addressing the is conducted in accordance with 5 CFR and may be evidence of registration treatment of various atypical shapes 1320.10. Written comments and/or under certain provisions of the under the simplified measurement suggestions regarding the items Immigration and Nationality Act. system, such as pontoon hulls, contained in this notice, especially the (5) An estimate of the total number of cathedral/multi-‘‘vee’’ hulls, and estimated public burden and associated respondents and the amount of time drydocks. response time, should be directed to the estimated for an average respondent to To provide a mechanism for Office of Management and Budget, respond: 25,000 responses at 3 minutes notification when a change to the MTN Office of Information and Regulatory (.05 hours) per response. has been issued, the MSC’s Web site has Affairs, Attention Department of Justice (6) An estimate of the total public been recently updated to allow members Homeland Security Officer, 725–17th burden (in hours) associated with the of the public to add their e-mail Street, NW., Suite 10102, Washington, collection: 1,250 annual burden hours. addresses to an electronic mailing list DC 20503. Additionally, comments may If you have additional comments, for such notification. Also, in the future, be submitted to OMB via facsimile to suggestions, or need a copy of the we will notify the public via a notice in (202) 395–5806. proposed information collection the Federal Register of changes to MTN Written comments and suggestions instrument with instructions, or 01–99 that are believed to be of from the public and affected agencies additional information, please contact significant interest to the maritime concerning the proposed collection of Richard A. Sloan, 202–514–3291, industry. information are encouraged. Your Director, Regulations and Forms

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Services Division, Department of Emergency Assistance Act, Pub. L. 93– or e-mail address: Homeland Security, Room 4034, 425 I 288 as amended. [email protected], or Street, NW., Washington, DC 20536. facsimile number (202) 646–3347. Collection of Information Additionally, comments and/or FOR FURTHER INFORMATION CONTACT: suggestions regarding the item(s) Title: State Administrative Plan for Contact Kathleen Wissmann, Program contained in this notice, especially the Hazard Mitigation Grant Program. Specialist, Mitigation Division, (202) regarding the estimated burden and Type of Information Collection: 646–4372 for additional information. Revision of a currently approved associated response time may also be You may contact Ms. Anderson for collection. directed to Mr. Richard A. Sloan. copies of the proposed information OMB Number: 1660–0026. If additional information is required Abstract: The State Administrative collection at the above e-mail address or contact: Mr. Steve Cooper, PRA Plan is a procedural guide that details facsimile number. Clearance Officer, Department of how the State will administer the HMGP Dated: December 12, 2003. Homeland Security, Office of Chief funding. The Administrative Plan may Edward W. Kernan, Information Officer, Regional Office take any form including a chapter Building 3, 7th and D Streets, SW., Suite Division Director, Information Resources within a comprehensive State mitigation Management Division, Information 44636–26, Washington, DC 20202. program strategy. The State may forward Technology Services Directorate. Dated: December 17, 2003. an Administrative Plan to the Regional [FR Doc. 03–31394 Filed 12–19–03; 8:45 am] Richard A. Sloan, Director for approval at any time or BILLING CODE 9110–01–P Department Clearance Officer, Department of prior to or immediately after the request Homeland Security. for a disaster declaration. Independent [FR Doc. 03–31449 Filed 12–19–03; 8:45 am] of the frequency of disaster declarations, DEPARTMENT OF HOMELAND BILLING CODE 4410–10–M each State should review and update the SECURITY plan at least annually. Affected Public: State, local, or tribal Federal Emergency Management DEPARTMENT OF HOMELAND government, and Federal government. Agency SECURITY Estimated Total Annual Burden Hours: 383. Open Meeting/Conference Call, Board Federal Emergency Management Estimated Cost: The estimated annual of Visitors for the National Fire Agency wage rates cost to States and territories Academy for the burden hours associated with AGENCY: Fire Administration (USFA), Agency Information Collection State Administrative Plan updates is FEMA, Emergency Preparedness and Activities: Proposed Collection; $9,141 ($23.88 per hour x 383 total Response, Homeland Security. Comment Request annual burden hours). Comments: Written comments are ACTION: Notice of open meeting via AGENCY: Federal Emergency solicited to (a) evaluate whether the conference call. Management Agency, Emergency proposed data collection is necessary for SUMMARY: In accordance with section Preparedness and Response Directorate, the proper performance of the agency, Department of Homeland Security. 10(a)(2) of the Federal Advisory including whether the information shall Committee Act, 5 U.S.C. App. 2, FEMA ACTION: Notice and request for have practical utility; (b) evaluate the announces the following committee comments. accuracy of the agency’s estimate of the meeting: burden of the proposed collection of Name: Board of Visitors (BOV) for the SUMMARY: The Federal Emergency information, including the validity of National Fire Academy. Management Agency, as part of its the methodology and assumptions used; Dates of Meeting: January 29, 2004. continuing effort to reduce paperwork (c) enhance the quality, utility, and Place: Building H, Room 300, and respondent burden, invites the clarity of the information to be National Emergency Training Center, general public and other Federal collected; and (d) minimize the burden Emmitsburg, Maryland. agencies to take this opportunity to of the collection of information on those Time: January 29, 2004, 2–4 p.m. comment on a proposed information who are to respond, including through Proposed Agenda: Review National collection. In accordance with the the use of appropriate automated, Fire Academy Program Activities. Paperwork Reduction Act of 1995 (44 electronic, mechanical, or other SUPPLEMENTARY INFORMATION: The U.S.C. 3506(c)(2)(A)), this notice seeks technological collection techniques or meeting will be open to the public in comments concerning State other forms of information technology, the Emmitsburg commuting area with Administrative Plans for the Hazard e.g., permitting electronic submission of seating available on a first-come, first- Mitigation Grant Program (HMGP). responses. Comments should be served basis. The meeting is open to the SUPPLEMENTARY INFORMATION: The received within 60 days of the date of public; however, teleconference lines development of the State Administrative this notice. are limited. Members of the general Plan is required as a condition of ADDRESSES: Interested persons should public who plan to participate in the receiving HMGP funding under section submit written comments via mail, meeting should contact the Office of the 404 of the Robert T. Stafford Disaster email or facsimile to Muriel B. Superintendent, National Fire Academy, Relief and Emergency Assistance Act of Anderson, Chief, Records Management U.S. Fire Administration, 16825 South 1988. Section 404 mandates that FEMA Branch, Information Resources Seton Avenue, Emmitsburg, MD 21727, must approve the plan before awarding Management Division, Information (301) 447–1117, on or before January 23, any project grant assistance to a Technology Services Directorate, 2004. Dial-in information will be community or State applicant. The Federal Emergency Management provided to those wishing to participate regulations for the State Administrative Agency, Emergency Preparedness and via telephone. Plan are codified in 44 CFR 206.437, Response Directorate, U.S. Department Minutes of the meeting will be implementing the provisions to the of Homeland Security, 500 C Street, prepared and will be available for Robert T. Stafford Disaster Relief and SW., Room 316, Washington, DC 20472, public viewing in the Office of the U.S.

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Fire Administrator, U.S. Fire collection of information is necessary DEPARTMENT OF HOUSING AND Administration, Federal Emergency for the proper performance of the URBAN DEVELOPMENT Management Agency, Emmitsburg, functions of the agency, including [Docket No. FR–4815–N–103] Maryland 21727. Copies of the minutes whether the information will have will be available upon request within 60 practical utility; (2) Evaluate the Notice of Submission of Proposed days after the meeting. accuracy of the agency’s estimate of the Information Collection to OMB: Rural Dated: December 5, 2003. burden of the proposed collection of Housing and Economic Development R. David Paulison, information; (3) Enhance the quality, Grant Application U.S. Fire Administrator, Director of the utility, and clarity of the information to be collected; and (4) Minimize the AGENCY: Office of the Chief Information Preparedness Division. Officer, HUD. [FR Doc. 03–31393 Filed 12–19–03; 8:45 am] burden of the collection of information on those who are to respond; including ACTION: Notice. BILLING CODE 9110–17–P through the use of appropriate SUMMARY: The proposed information automated collection techniques or collection requirement described below other forms of information technology, DEPARTMENT OF HOUSING AND has been submitted to the Office of e.g., permitting electronic submission of URBAN DEVELOPMENT Management and Budget (OMB) for responses. review, as required by the Paperwork [Docket No. FR–4650–N–102] This Notice also lists the following Reduction Act. The Department is Notice of Proposed Information information: soliciting public comments on the Collection: Comment Request; Title of Proposal: Customer subject proposal. Customer Satisfaction Surveys Satisfaction Surveys. The proposed information collection is to be used for selection of applicants AGENCY: Office of the Chief Information OMB Control Number, if applicable: for Rural Housing and Economic Officer, HUD. 2535–New. Development program grant funds to ACTION: Notice. Respondents: Individuals, Business, develop the capacity for housing and or other for-profit, Not-for profit economic development activities in SUMMARY: The proposed information institutions, State, Local or Tribal rural areas and for innovative grants for collection requirement described below Government. housing and economic development. will be submitted to the Office of Description of the need for the DATES: Comments Due Date: January 21, Management and Budget (OMB) for information and proposed use: 2004. review, as required by the Paperwork ADDRESSES: Interested persons are Reduction Act. The Department is Executive Order 12862, ‘‘Setting invited to submit comments regarding soliciting public comments on the Customer Service Standards’’ requires this proposal. Comments should refer to subject proposal. that Federal agencies provide the highest quality service to our customers the proposal by name and OMB DATES: Comments due: February 20, by identifying them and determining approval number (2506–0169) and 2004. what they think about our services. The should be sent to: Lauren Wittenberg, ADDRESSES: Interested persons are surveys covered in the request for a OMB Desk Officer, Office of invited to submit comments regarding generic clearance will provide HUD a Management and Budget, Room 10235, this proposal. Comments should refer to means to gather this data directly from New Executive Office Building, the proposal by name and/or OMB our customers. Washington, DC 20503; Fax number Control Number and should be sent to: (202) 395–6974; e-mail Agency form numbers, if applicable: Wayne Eddins, Reports Management [email protected]. None. Officer, Q, Department or Housing and FOR FURTHER INFORMATION CONTACT: Estimation of the total number of Urban Development, 451 7th Street, Wayne Eddins, Reports Management hours needed to prepare the information SW., L’Enfant Plaza Building, Room Officer, AYO, Department of Housing collection including number of 800a, Washington, DC 20410. and Urban Development, 451 Seventh respondents, frequency of response, and FOR FURTHER INFORMATION CONTACT: Street, Southwest, Washington, DC hours of response: The burden hours per Wayne Eddins, Reports Management 20410; e-mail [email protected]; response will vary with each survey; Officer, Q, Department of Housing and telephone (202) 708–2374. This is not a however, we estimate an average burden Urban Development, 451 Seventh Street, toll-free number. Copies of the proposed of sixty minutes for each survey. We Southwest, Washington, DC 20410; e- forms and other available documents estimate that HUD will survey mail [email protected]; submitted to OMB may be obtained respondents on occasion. Therefore, the telephone (202) 708–2374(this is not a from Mr. Eddins or on HUD’s Web site total annual estimate is one burden hour toll-free number) for copies of the at http://www5.hud.gov:63001/po/i/ per respondent. proposed forms and other available icbts/collectionsearch.cfm. information. Status of the proposed information SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: The collection: This is a new collection. Department has submitted the proposal Department will submit the proposed Authority: Sec. 3506 of the Paperwork for the collection of information, as information collection to OMB for Reduction Act of 1995, 44 U.S.C. chapter 35, described below, to OMB for review, as review, as required by the Paperwork as amended. required by the Paperwork Reduction Act (44 U.S.C. chapter 35). The Notice Reduction Act of 1995 (44 U.S.C. Dated: December 12, 2003. chapter 35, as amended). lists the following information: (1) The This Notice is soliciting comments Wayne Eddins, title of the information collection from members of the public and Departmental Reports Management Officer, proposal; (2) the office of the agency to affecting agencies concerning the Office of the Chief Information Officer. collect the information; (3) the OMB proposed collection of information to: [FR Doc. 03–31400 Filed 12–19–03; 8:45 am] approval number, if applicable; (4) the (1) Evaluate whether the proposed BILLING CODE 4210–72–P description of the need for the

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information and its proposed use; (5) and (10) the name and telephone proposed information collection is to be the agency form number, if applicable; number of an agency official familiar used for selection of applicants for Rural (6) what members of the public will be with the proposal and of the OMB Desk Housing and Economic Development affected by the proposal; (7) how Officer for the Department. program grant funds to develop the frequently information submissions will This Notice also lists the following capacity for housing and economic be required; (8) an estimate of the total information: development activities in rural areas number of hours needed to prepare the Title of Proposal: Rural Housing and and for innovative grants for housing information submission including Economic Development Grant and economic development. number of respondents, frequency of Application. response, and hours of response; (9) OMB Approval Number: 2506–0169. Respondents: Not-for-profit whether the proposal is new, an Form Numbers: SF 424, HUD. institutions, State, Local or Tribal extension, reinstatement, or revision of Description of the Need for the Government. an information collection requirement; Information and Its Proposed Use: The

Number of Annual × Hours per Burden respondents responses response = hours

Reporting Burden ...... 627 1,047 .... 42 .... 43,590

Status: Reinstatement, without associated with jurisdictions that have November 25, 2003, notice describes in change, of previously approved undertaken successful efforts in detail the proposal and also solicited collection for which approval has removing barriers. HUD also solicited public comment, and provided a public expired. comment on the November 25, 2003, comment through December 29, 2003. Authority: Sec. 3507 of the Paperwork notice. The purpose of this notice is to The purpose of this notice published in Reduction Act of 1995, 44 U.S.C. 35, as announce that the public comment due today’s Federal Register is to announce amended. date has been extended to January 12, that the public comment due date has Dated: December 15, 2003. 2004. been extended to January 12, 2004. Wayne Eddins, DATES: Comment Due Date: January 12, Dated: December 16, 2003. Departmental Reports Management Officer, 2004. A. Bryant Applegate, Office of the Chief Information Officer. ADDRESSES: Interested persons are Senior Counsel and Director of America’s [FR Doc. 03–31401 Filed 12–19–03; 8:45 am] invited to submit comments regarding Affordable Communities Initiative. BILLING CODE 4210–72–P this rule to the Regulations Division, [FR Doc. 03–31399 Filed 12–19–03; 8:45 am] Office of General Counsel, Room 10276, BILLING CODE 4210–67–P Department of Housing and Urban DEPARTMENT OF HOUSING AND Development, 451 Seventh Street, SW., URBAN DEVELOPMENT Washington, DC 20410–0500. DEPARTMENT OF THE INTERIOR [Docket No. FR–4882–N–02] Comments should refer to the above docket number and title. A copy of each Office of the Secretary America’s Affordable Communities communication submitted will be List of Programs Eligible for Inclusion Initiative, HUD’s Initiative on Removal available for public inspection and in Fiscal Year 2004 Annual Funding of Regulatory Barriers: Proposals for copying during regular business hours Agreements To Be Negotiated With Incentive Criteria on Barrier Removal (weekdays 8 a.m. to 5 p.m. Eastern time) Self-Governance Tribes by Interior in HUD’s Funding Allocations; at the above address. Facsimile (FAX) Bureaus Other Than the Bureau of Extension of Public Comment Deadline comments are not acceptable. Indian Affairs FOR FURTHER INFORMATION CONTACT: AGENCY: Office of the General Counsel, Camille E. Acevedo, Associate General AGENCY: Office of the Secretary, Interior. HUD. Counsel for Legislation and Regulations, ACTION: Notice. ACTION: Notice. Office of General Counsel, Room 10282, SUMMARY: This notice lists programs or SUMMARY: On November 25, 2003, HUD Department of Housing and Urban portions of programs that are eligible for published a notice that announced Development, 451 Seventh Street, SW., inclusion in Fiscal Year 2004 annual HUD’s intention to establish in the Washington, DC 20410–0500, telephone funding agreements with self- majority of its FY2004 Notices of (202) 708–1793 (this is not a toll-free governance tribes and lists Funding Availability (NOFAs), number). Persons with hearing or programmatic targets for each of the including HUD’s SuperNOFA, a policy speech impairments may access this non-BIA bureaus, pursuant to section priority for increasing the supply of number through TTY by calling the toll- 405(c)(4) of the Tribal Self-Governance affordable housing through the removal free Federal Information Relay Service Act. of regulatory barriers. This new policy at (800) 877–8339. priority will be added to the list of SUPPLEMENTARY INFORMATION: As noted DATES: This notice expires on policy priorities that HUD traditionally in the Summary portion of this notice, September 30, 2004. includes in its NOFAs. As a policy on November 25, 2003 (68 FR 66294), ADDRESSES: Inquiries or comments priority (and like the other policy HUD announced its intention to regarding this notice may be directed to priorities), higher rating points will be establish in the majority of its FY2004 the Office of Self-Governance (MS– available to governmental applicants Notices of Funding Availability 2548, MIB), 1849 C Street, NW., that are able to demonstrate successful (NOFAs), including HUD’s SuperNOFA, Washington, DC 20240–0001. efforts in removing regulatory barriers to a policy priority for increasing the Telephone (202) 219–0240 or to the affordable housing, and to supply of affordable housing through bureau points of contact listed below. nongovernmental applicants that are the removal of regulatory barriers. The SUPPLEMENTARY INFORMATION:

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I. Background self-governance agreement. While A. Eligible Programs of the Bureau of Title II of the Indian Self- general legal and policy guidance Land Management (BLM) Determination and Education regarding what constitutes an inherently BLM management responsibilities Assistance Act Amendments of 1994 Federal function exists, we will cover a wide range of areas, such as (Pub. L. 103–413, the ‘‘Self-Governance determine whether a specific function is recreational activities, timber, range and Act’’ or the ‘‘Act’’) instituted a inherently Federal on a case-by-case minerals management, wildlife habitat permanent tribal self-governance basis considering the totality of management and watershed restoration. program at the Department of the circumstances. In addition, BLM is responsible for the Interior (DOI). Under the self- Response to Comments survey of certain Federal and tribal governance program certain programs, lands. Two programs provide tribal services, functions, and activities, or The Department provided the services: (1) Tribal and allottee minerals portions thereof, in Interior bureaus proposed list to the Self-Governance management; and (2) Survey of tribal other than BIA are eligible to be Tribes on April 23, 2003 for their review and allottee lands. planned, conducted, consolidated, and and comment. No comments were BLM carries out some its activities in administered by a self-governance tribal received. Several minor editorial and the management of public lands through government. technical changes provided by Interior’s contracts and cooperative agreements. Under section 405(c) of the Self- bureaus were incorporated. These and other activities, dependent Governance Act, the Secretary of the II. Annual Funding Agreements upon availability of funds, the need for Interior is required to publish annually: Between Self-Governance Tribes and specific services, and the Self- (1) A list of non-BIA programs, services, Non-BIA Bureaus of the Department of Governance tribe demonstrating a functions, and activities, or portions the Interior special geographic, cultural, or thereof, that are eligible for inclusion in historical connection, may also be agreements negotiated under the self- A. Bureau of Land Management (none) available for inclusion in self- governance program; and (2) B. Bureau of Reclamation (4) governance agreements. Once a tribe has programmatic targets for these bureaus. Gila River Indian Community made initial contact with BLM, more Under the Self-Governance Act, two Chippewa Cree Tribe of the Rocky specific information will be provided by categories of non-BIA programs are Boy’s Reservation the respective BLM State office. eligible for self-governance funding Karuk Tribe of California Tribal Services agreements: Yurok Tribe (1) Under section 403(b)(2) of the Act, C. Minerals Management Service (none) 1. Minerals Management. Inspection any non-BIA program, service, function D. National Park Service (4) and enforcement of Indian oil and gas or activity that is administered by Grand Portage Band of Lake Superior operations, and inspection, enforcement Interior that is ‘‘otherwise available to Chippewa Indians and production verification of Indian Indian tribes or Indians,’’ can be Lower Elwha S’Klallam Tribe coal and sand and gravel operations: are administered by a tribal government already available for contracts under Tanana Chiefs Conference, Inc. through a self-governance agreement. Title I of the Act and therefore may be The Department interprets this Yurok Tribe available for inclusion in an annual provision to authorize the inclusion of E. Office of Surface Mining and funding agreement. programs eligible for self-determination Reclamation Enforcement (none) 2. Cadastral Survey. Tribal and contracting under Title I of the Indian F. U.S. Fish and Wildlife Service (none) allottee cadastral survey services are Self-Determination and Education G. U.S. Geological Survey (none) already available for contracts under Assistance Act (Pub. L. 93–638). Section III. Eligible Programs of the Department Title I of the Act and therefore may be 403(b)(2) also specifies that ‘‘nothing in of the Interior Non-BIA Bureaus available for inclusion in an annual this subsection may be construed to funding agreement. provide any tribe with a preference with Below is a listing by bureau of the Other Activities respect to the opportunity of the tribe to types of non-BIA programs, or portions administer programs, services, functions thereof, that may be eligible for self- 1. Cultural Heritage. Cultural heritage and activities, or portions thereof, governance annual funding agreements activities, such as research and unless such preference is otherwise because they are either ‘‘otherwise inventory, may be available in specific provided for by law.’’ available to Indians’’ under Title I and States. (2) Under section 403(c) of the Act, not precluded by any other law, or may 2. Forestry Management. Activities, the Secretary may include other have ‘‘special geographic, historical, or such as environmental studies, tree programs, services, functions, and cultural significance’’ to a participating planting, thinning and similar work, activities, or portions thereof, that are of tribe. The lists represent the most may be available in specific States. ‘‘special geographic, historical, or current information on programs 3. Range Management. Activities, cultural significance’’ to a self- potentially available to Tribes under a such as re-vegetation, noxious weed governance tribe. Self-Governance agreement. control, fencing, construction and Under section 403(k) of the Self- The Department will also consider for maintenance of range improvements, Governance Act, annual agreements inclusion in annual funding agreements grazing management experiments, range cannot include programs, services, other programs or activities not monitoring, and similar activities, may functions, or activities that are included below, but which, upon be available in specific States. inherently Federal or where the statute request of a self-governance tribe, the 4. Riparian Management. Activities, establishing the existing program does Department determines to be eligible such as facilities construction, erosion not authorize the type of participation under either sections 403(b)(2) or 403(c) control, rehabilitation, and similar sought by the tribe. However, a tribe (or of the Act. Tribes with an interest in activities, may be available in specific tribes) need not be identified in the such potential agreements are States. authorizing statutes in order for a encouraged to begin discussions with 5. Recreation Management. Activities, program or element to be included in a the appropriate non-BIA bureau. such as facilities construction and

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maintenance, interpretive design and 9. Rocky Boy’s/North Central Montana 4. Tribal royalty valuation. construction, and similar activities, may Regional Water System—MT Preliminary analysis and be available in specific States. 10. Indian Water Rights Settlement recommendations for valuation and 6. Wildlife and Fisheries Habitat Projects—as Congressionally allowance determinations and Management. Activities, such as authorized. approvals. construction and maintenance, For questions regarding self- 5. Royalty Management of Allottee interpretive design and construction, governance contact Barbara White, Leases. Royalty management of allottee habitat protection and improvement Reclamation Self-Governance leases, provided that MMS consults projects, and similar activities, may be Coordinator, Native American Affairs with and obtains written approval from available in specific States. Office, Bureau of Reclamation (W– affected individual Indian mineral 7. Wild Horse Management. Activities 6100), 1849 C Street, NW., Washington, owners to delegate this responsibility to such as wild horse round ups, removal, DC 20240–0001, telephone: (202) 513– the Tribe. 6. Online monitoring of royalties and and disposition, including operation 0631, fax: (202) 513–0311. and maintenance of wild horse facilities accounts. Online computer access to may be available in specific States. C. Eligible Programs of the Minerals reports, payments, and royalty The above programs under ‘‘Other Management Service (MMS) information contained in MMS accounts. MMS will install equipment Activities’’ are available in many states MMS provides stewardship of at tribal locations, train tribal staff, and for competitive contracting. However, if America’s offshore resources and assist tribe in researching and they are of special geographic, historical collects revenues generated from monitoring all payments, reports, or cultural significance to a mineral leases on Federal and Indian accounts, and historical information participating Self-Governance tribe, they lands. MMS is responsible for the may be available for annual funding regarding their leases. management of the Federal Outer 7. Royalty Internship Program. An agreements. Tribes may also discuss Continental Shelf, which are submerged additional BLM-funded activities with orientation and training program for lands off the coasts that have significant auditors and accountants from mineral the relevant State office in relation to energy and mineral resources. Within negotiating specific self-governance producing tribes to acquaint tribal staff the offshore minerals management with royalty laws, procedures, and agreements. program, environmental impact For questions regarding Indian Self- techniques. This program is assessments and statements, and recommended for tribes that are Governance, contact Jerry Cordova, environmental studies, may be available Bureau of Land Mangement, 1849 C considering a self-governance agreement if a self-governance tribe demonstrates a but have not yet acquired mineral Street, NW., Washington, DC 20240– special geographic, cultural, or 0001, telephone: (202) 452–7756, fax: revenue expertise via a FOGRMA historical connection. section 202 contract. (202) 452–7701. General information on MMS also offers mineral-owning all contracts available in a given year For questions regarding self- tribes other opportunities to become governance contact David Izon, Royalty through the BLM can be obtained from involved in MMS’s Minerals Revenue the BLM National Business Center, P.O. Liaison Office, Minerals Management Management functions. These programs Service (MS–4241), 1849 C Street, NW., Box 25047, Bldg 50, Denver Federal address the intent of Indian self- Center, Denver, CO 80225–0047. Washington, DC 20240–0001, telephone: governance but are available regardless (202) 208–3512, fax: (202) 208–3982. B. Eligible Programs of the Bureau of of self-governance intentions or status Reclamation and are a good prerequisite for assuming D. Eligible Programs of the National Park Service (NPS) Reclamation operates a wide range of other technical functions. Generally, water resource management projects for minerals revenue management programs The National Park Service administers irrigation, hydroelectric power are available to tribes because of their the National Park System made up of generation, municipal and industrial status as Indians. Minerals revenue national parks, monuments, historic water supplies, flood control, outdoor management programs that may be sites, battlefields, seashores, lake shores recreation, enhancement of fish and available to self-governance tribes are as and recreation areas. NPS maintains the wildlife habitats, and research. Most of follows: park units, protects the natural and Reclamation’s activities involve 1. Audit of tribal royalty payments. cultural resources, and conducts a range construction, operations and Audit activities for tribal leases, except of visitor services such as law maintenance, and management of water for the issuance of orders, final enforcement, park maintenance, and resources projects and associated valuation decisions, and other interpretation of geology, history, and facilities. Components of the following enforcement activities. (For tribes natural and cultural resources. water resource management and already participating in MMS delegated Some elements of these programs may construction projects may be eligible for audits, this program is offered as an be eligible for inclusion in a self- inclusion in self-governance optional alternative.) governance annual funding agreement. agreements. 2. Verification of tribal royalty The listing below was developed payments. Financial compliance considering the geographic proximity to, 1. Klamath Project—CA, OR 2. Trinity River Restoration Program— verification and monitoring activities, and/or traditional association of a self- CA production verification, and appeals governance tribe with, units of the 3. Central Valley Project (Trinity research and analysis. National Park system, and the types of Division)—CA 3. Tribal royalty reporting, accounting programs that have components that 4. Central Arizona Project—AZ, NM and data management. Establishment may be suitable for contracting through 5. Colorado River Front Work/Levee and management of royalty reporting a self-governance annual funding System—AZ, CA, NV and accounting systems including agreement. This listing is not all 6. Lower Colorado Indian Water document processing, production inclusive, but is representative of the Management Study—AZ, CA, NV reporting, reference data (lease, payor, types of programs which may be eligible 7. Yuma Area Projects—AZ, CA agreement) management, billing and for tribal participation through annual 8. Middle Rio Grande Project—NM general ledger. funding agreements.

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1. Ongoing Programs and Activities. 15. Hagerman Fossil Beds National F. Eligible Programs of the U.S. Fish and Components of the following programs Monument—ID Wildlife Service (FWS) are potentially eligible for inclusion in 16. Bear Paw Battlefield, Nez Perce The mission of FWS is to conserve, a self-governance annual funding National Historical Park—ID protect, and enhance fish, wildlife, and agreement. 17. Boston Harbor Islands, a National their habitats for the continuing benefit a. Archeological surveys Park Area—MA of the American people. Primary b. Comprehensive management 18. Cape Cod National Seashore—MA responsibilities are for migratory birds, planning 19. New Bedford Whaling National endangered species, freshwater and c. Cultural resource management Historical Park—MA anadromous fisheries, and certain projects 20. Sleeping Bear Dunes National marine mammals. FWS also has a d. Ethnographic studies Lakeshore—MI continuing cooperative relationship e. Erosion control 21.Voyageurs National Park—MN with a number of Indian tribes f. Fire protection 22. Grand Portage National throughout the National Wildlife Refuge g. Gathering baseline subsistence data— Monument—MN System and the Service’s fish AK 23. Glacier National Park—MT hatcheries. Any self-governance tribe h. Hazardous fuel reduction 24. Great Basin National Park—NV may contact a National Wildlife Refuge i. Housing construction and 25. Bandelier National Monument—NM or National Fish Hatchery directly rehabilitation 26. Fort Stanwix National Monument— concerning participation in Service j. Interpretation NY programs under the Self-Governance k. Janitorial services 27. Cuyahoga Valley National Park—OH Act. l. Maintenance 28. Hopewell Culture National Some elements of the following m. Natural resource management Historical Park—OH programs may be eligible for inclusion projects 29. Chickasaw National Recreation in a self-governance annual funding n. Operation of campgrounds Area—OK agreement. The listing below was o. Range assessment—AK 30. Effigy Mounds National developed considering the proximity of p. Reindeer grazing—AK Monument—IA an identified self-governance tribe to a q. Road repair 31. Olympic National Park—WA National Wildlife Refuge or National r. Solid waste collection and disposal 32. San Juan Islands National Historic s. Trail rehabilitation Fish Hatchery, and the types of Park—WA programs that have components that t. Watershed restoration and 33. Mt. Rainier National Park—WA maintenance may be suitable for contracting through 34. Ebey’s Landing National Historical a self-governance annual funding 2. Special Programs. Aspects of these Reserve—WA agreement. This listing is not all- programs may be available if a self- For questions regarding self- inclusive but is representative of the governance tribe demonstrates a governance contact Dr. Patricia Parker, types of programs which may be eligible geographical, cultural, or historical Chief, American Indian Liaison Office, for tribal participation through an connection. National Park Service (Org. 2560), 1849 annual funding agreement. a. Beringia Research C Street, NW., Washington, DC 20240– 1. Subsistence Programs within Alaska b. Elwha River Restoration 0001; telephone: (202) 354–6965, fax: 2. Fish & Wildlife Technical Assistance, Locations of National Park System (202) 371–6609. Restoration & Conservation Units in Close Proximity to Self- E. Eligible Programs of the Office of a. Fish & wildlife population surveys Governance Tribes. Aspects of ongoing Surface Mining and Reclamation b. Habitat surveys programs and activities may be available Enforcement (OSM) c. Sport fish restoration at park units with known geographic, d. Capture of depredating migratory cultural, or historical connections with OSM regulates surface coal mining birds a self-governance tribe. and reclamation operations, and e. Fish & wildlife program planning 1. Lake Clark National Park and reclaims abandoned coal mines, in f. Habitat restoration activities Preserve—AK cooperation with States and Indian 3. Endangered Species Program 2. Katmai National Park and Preserve— tribes. a. Cooperative management of AK 1. Abandoned Mine Land conservation programs 3. Glacier Bay National Park and Reclamation Program. This program b. Development and implementation Preserve—AK which restores eligible lands mined and of recovery plans 4. Klondike Gold Rush National abandoned or left inadequately restored c. Conducting status surveys for high Historical Park—AK is available to Indian tribes. priority candidate species 5. Sitka National Historical Park—AK 2. Control of the Environmental d. Participation in the development of 6. Kenai Fjords National Park—AK Impacts of Surface Coal Mining. This habitat conservation plans, as 7. Wrangell-St. Elias National Park & program includes analyses, NEPA appropriate Preserve—AK documentation, technical reviews, and 4. Education Programs 8. Western Arctic Parklands—AK studies. Where surface coal mining a. Interpretation 9. Gates of the Arctic National Park& exists on Indian land, certain regulatory b. Outdoor classrooms Preserve—AK activities that are not inherently Federal c. Visitor center operations 10. Yukon-Charley Rivers National are available to Indian tribes. d. Volunteer coordination efforts on- Preserve—AK For questions regarding self- and off-refuge 11. Casa Grande Ruins National governance contact Maria Mitchell, 5. Environmental Contaminants Monument—AZ Office of Surface Mining Reclamation Program 12. Joshua Tree National Park—CA and Enforcement (MS–210–SIB), 1951 a. Analytical devices 13. Redwood National Park—CA Constitution Ave., NW., Washington, b. Removal of underground storage 14. Whiskeytown National Recreation D.C. 20240, telephone: (202) 208–2865, tanks Area—CA fax: (202) 291–3111. c. Specific cleanup activities

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d. Natural resource economic analysis Fish and Wildlife Service (MS3012), DEPARTMENT OF THE INTERIOR e. Specific field data gathering efforts 1849 C Street NW., Washington, DC 6. Hatchery Operations 20240–0001, telephone: (202) 208–4133, Office of the Secretary a. Egg taking fax: (202) 501–3524. b. Rearing/feeding Blackstone River Valley National c. Disease treatment G. Eligible Programs of the U.S. Heritage Corridor Commission; Notice d. Tagging Geological Survey (USGS) of Meeting e. Clerical/facility maintenance The mission of the U.S. Geological 7. Wetland & Habitat Conservation and Notice is hereby given in accordance Survey is to provide information on with Section 552b of Title 5, United Restoration biology, geology, hydrology, and a. Construction States Code, that a meeting of the John cartography that contributes to the wise H. Chafee Blackstone River Valley b. Planning activities management of the Nation’s natural c. Habitat monitoring and National Heritage Corridor Commission resources and to the health, safety, and will be held on Thursday, February 05, management well-being of the American people. 8. Conservation Law Enforcement 2004. Information includes maps, data bases, a. All law enforcement efforts under and descriptions and analyses of the The Commission was established pursuant cross-deputization water, plants, animals, energy, and to Pub. L. 99–647. The purpose of the 9. National Wildlife Refuge Operations Commission is to assist Federal, State and & Maintenance mineral resources, land surface, local authorities in the development and a. Construction underlying geologic structure and implementation of an integrated resource b. Farming dynamic processes of the earth. management plan for those lands and waters c. Concessions Information on these scientific issues is within the Corridor. d. Maintenance developed through extensive research, The meeting will convene on February 5, e. Comprehensive management field studies, and comprehensive data 2004 at 4:30 p.m. at Mendon Town Hall located at 20 Main Street, Mendon, MA for planning collection to: evaluate natural hazards such as earthquakes, volcanoes, the following reasons: f. Biological program efforts 1. Approval of Minutes g. Habitat management landslides, floods, droughts, subsidence 2. Chairman’s Report h. Fire Management and other ground failures; assess energy, 3. Executive Director’s Report Locations of Refuges and Hatcheries mineral, and water resources in terms of 4. Financial Budget with close proximity to Self- their quality, quantity, and availability; 5. Public Input Governance Tribes evaluate the habitats of animals and It is anticipated that about twenty-five 1. Alaska National Wildlife Refuges— plants; and produce geographic, people will be able to attend the session in AK cartographic, and remotely-sensed addition to the Commission members. 2. Alchesay National Fish Hatchery— information in digital and non-digital Interested persons may make oral or AZ formats. No USGS programs are written presentations to the Commission or 3. Humboldt Bay National Wildlife file written statements. Such requests should specifically available to American be made prior to the meeting to: Michael Refuge—CA Indians or Alaska Natives. Components Creasey, Executive Director, John H. Chafee, 4. Kootenai National Wildlife of the following programs may have a Blackstone River Valley National Heritage Refuge—ID special geographic, cultural, or Corridor Commission, One Depot Square, 5. Agassiz National Wildlife Refuge— historical connection with a self- Woonsocket, RI 02895, Tel.: (401) 762–0250. MN governance tribe: Further information concerning this 6. Mille Lacs National Wildlife 1. Mineral, Environmental, and meeting may be obtained from Michael Refuge—MN Energy Assessments. Creasey, Executive Director of the 7. Rice Lake National Wildlife 2. USGS Earthquake Hazards Commission at the aforementioned address. Refuge—MN Reduction Program. Michael Creasey, 8. National Bison Range—MT 3. Water Resources Data Collection 9. Ninepipe National Wildlife Executive Director, BRVNHCC. and Investigations. [FR Doc. 03–31435 Filed 12–19–03; 8:45 am] Refuge—MT 4. Biological Resources Inventory, 10. Pablo National Wildlife Refuge— Monitoring, Research and Information BILLING CODE 4310–RK–P MT Transfer Activities. 11. Mescalero National Fish For questions regarding self- Hatchery—NM governance contact Sue Marcus, DEPARTMENT OF THE INTERIOR 12. Sequoyah National Wildlife American Indian/Alaska Native Liaison, Fish and Wildlife Service Refuge—OK U.S. Geological Survey, 104 National 13. Tishomingo National Wildlife Center, Reston, VA 20192, telephone: Refuge—OK Notice of Availability of the Final (703) 648–4437, fax: (703) 648–5470., e- Comprehensive Conservation Plan and 14. Bandon Marsh National Wildlife mail address: [email protected]. Refuge—OR Summary for the Alamosa-Monte Vista 15. Dungeness National Wildlife IV. Programmatic Targets National Wildlife Refuges Complex, Alamosa, CO Refuge—WA During Fiscal Year 2004, upon request 16. Makah National Fish Hatchery— of a self-governance tribe each non-BIA AGENCY: Fish and Wildlife Service, WA bureau will negotiate annual funding Department of the Interior. 17. Nisqually National Wildlife agreements for its eligible programs ACTION: Notice of availability. Refuge—WA beyond those already negotiated. 18. Quinault National Fish SUMMARY: The U.S. Fish and Wildlife Hatchery—WA Dated: December 5, 2003. Service announces that the final 19. San Juan Islands National Wildlife William A. Sinclair, Comprehensive Conservation Plan Refuge—WA Director, Office of Self-Governance. (CCP) and Summary are available for the For questions regarding self- [FR Doc. 03–31162 Filed 12–19–03; 8:45 am] Alamosa-Monte Vista National Wildlife governance contact Patrick Durham, BILLING CODE 4310–W8–P Refuges Complex. This CCP, prepared

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pursuant to the National Wildlife Refuge goose, black-bellied plover, greater implemented. This program would be System Improvement Act of 1997 and yellowlegs, willet, and Wilson’s based on monitoring of prescribed rest the National Environmental Policy Act phalarope. Two endangered species, the to document how different vegetation of 1969, describes how the U.S. Fish whooping crane and southwestern types respond to different rest strategies. and Wildlife Service intends to manage willow flycatcher, and one threatened This will allow for increasingly effective the Complex for the next 15 years. species, the bald eagle, utilize the application of rest to meet habitat goals. ADDRESSES: Requests for copies of the Complex. In addition, five species of Prescribed Burning: Management will CCP or Summary should be addressed management concern to the U.S. Fish implement two new initiatives. First, to: Alamosa-Monte Vista NWR, 7393 El and Wildlife Service’s National formation of an interagency fire team Rancho Lane, Alamosa, Colorado 81101. Migratory Bird Office also use the would be pursued. This idea has been Requests may also be submitted via Complex: American bittern, black tern, discussed among the various State and electronic mail to: burrowing owl, ferruginous hawk, and Federal land management agencies, but [email protected]. white-faced ibis. no action has been taken. This team The CCP identifies the proposed FOR FURTHER INFORMATION CONTACT: would be responsible for conducting management of the Alamosa and Monte Adam Misztal, Planning Team Leader at prescribed burns and suppressing Vista National Wildlife Refuges in the (303) 236–4383; fax (303) 236–4792 or wildfires on member agency lands. San Luis Valley of southwestern Secondly, Refuge management will Mike Blenden, Complex Manager, Colorado. The CCP describes how the Alamosa/Monte Vista National Wildlife pursue the hiring of additional staff to habitat management tools, water develop a burn monitoring program and Refuge Complex (719) 589–4021; fax management, rest, prescribed burning, (719) 587–0595. detailed burn criteria in an effort to prescribed grazing, farming, and habitat better understand the impacts of SUPPLEMENTARY INFORMATION: protection will be used to provide Background: Alamosa and Monte prescribed burning and to better wildlife habitat. Also described is the implement its use in meeting Vista National Wildlife Refuges were management of public use, cultural established under the authority of the management objectives. resources, and elk. Prescribed Grazing: Future use of Migratory Bird Conservation Act ‘‘*** Water Management: efforts would prescribed grazing on the Refuges will for use as inviolate sanctuaries, or for focus on improving efficiency of surface be largely dictated by the results of any other management purpose, for water application, monitoring of water research currently being conducted. In migratory birds.’’ The purpose for usage, better understanding of water the future, if and when grazing is used, managing habitats on the Alamosa and rights, historical processes, subsurface prescriptions will delineate the location Monte Vista National Wildlife Refuge and surface interactions, and improving of the site to be grazed and specific (the Complex) is to provide a knowledge of groundwater and its role objectives and purposes of the tool such biologically diverse area that in maintaining wetlands. Better as to control weeds, increase new complements the San Luis Valley (SLV) methods and capabilities for monitoring ecosystem. habitat responses to water application growth, and provide a competitive Ten different plant communities/ will be developed to facilitate an advantage to certain vegetation. This habitat types exist on the Complex: adaptive habitat management program. site-by-site evaluation and planning will upland shrub, tall-emergent, short- Efforts will be taken to restore allow for maximum control and emergent, saltgrass, short-grass, shallow meandering streambeds and their flexibility of this tool as well as seasonal wetland, semipermanent associated hydrology and riparian ensuring that only delineated sites are wetland, riparian, riverine, and habitats on Refuge lands. Although such affected by the tool and that all factors agriculture. These habitats support a actions will not have major impacts on and interests are considered. variety of mammals, reptiles, either the unconfined or confined Farming: Migrating birds will be amphibians, and birds. Mammals aquifers of the Valley, they can provided with the same amount of small include coyote, red fox, black bear, positively impact localized groundwater grain food from crops currently mountain lion, bobcat, elk, mule deer, tables and artesian wells, and increase provided. The existing mixed organic/ pronghorn, raccoon, mink, American efficiency of irrigation during the non-organic farming program operated badger, and other small mammals. Birds following season. by Refuge staff will be converted to a commonly seen on these Refuges Irrigation systems in all Refuge units cooperative farming program. Farming include numerous waterfowl species, will be upgraded as funding allows to will continue but Refuge staff will only including ten that nest on the Complex: enact more precise and efficient be responsible for irrigation of the crops. mallard, gadwall, cinnamon, green- management of irrigation water. The cooperating farmer would continue winged and blue-winged teal, northern Currently, wetland vegetation is the crop rotation of two years of small pintail, northern shoveler, American maintained using flood irrigation grains followed by two years of alfalfa wigeon, redheads, and ruddy ducks, and practices where water is applied at the and then one year fallow. one species of goose (Canada). The highest elevation of a unit from a supply The cooperating farmer will be Monte Vista NWR (MVNWR) has one of ditch or well head and is allowed to allowed to keep all or a portion of the the highest densities of nesting flow across the unit to lower elevations. alfalfa crop based on yields of the small waterfowl in the continent. On average, Rest: The ratio of periods of rest to grain crops. 15,000 ducks are produced on MVNWR disturbance in order to provide the Refuge staff will also augment the annually, which constitutes a major optimum cover of vegetation for nesting farming program with a moist soil plant contribution to the State’s population ducks and other species is largely management program to diversify the and, subsequently, to the Central unknown for the San Luis Valley and types of feed available to the birds. The Flyway’s duck population. needs to be examined. A successful farming and moist soil plant programs Other birds using the Complex program will help managers determine would be monitored and managed include great blue heron, little blue when areas of either Refuge need through the adaptive management heron, snowy and cattle egret, sandhill disturbance, the most effective tool to concept. Research will be encouraged to crane, northern harrier, Swainson’s use, and when. An active adaptive help identify the amount and kinds of hawk, ring-necked pheasant, Ross’ management strategy would be high energy food sources the Refuge

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could and should be providing for Complex and around the Valley. ADDRESSES: Copies of the draft revised migrating and wintering avian species. Interpretation of past human use will recovery plan are available for Habitat Protection: Current support focus on the theme that humans have inspection, but appointment, during for the Service’s Partners for Wildlife always, and still depend upon natural normal business hours at the following program will continue in order to resources for survival. locations: U.S. Fish and Wildlife ensure the program’s growth and Environmental Education: Volunteer Service, Pacific Islands Fish and success. The Refuge will also continue and/or contractor led environmental Wildlife Office, 300 Ala Moana to be an active partner in Colorado education programs for local schools Boulevard, Room 3–122, Honolulu, Wetlands Initiative Legacy project led will continue to be provided, both as Hawaii 96850 (telephone 808–792– by the Colorado Division of Wildlife. Refuge field trips and classroom 9400) and Hawaii State Library, 478 S. Public Use: Educating the public as to presentations. King Street, Honolulu, Hawaii 96813. the nature and value of wetlands will Universal Access and Design: Requests for copies of the draft revised focus on contrasting the intensely Developments will include new rest recovery plan and written comments managed wetlands of Monte Vista NWR room facilities and wildlife observation and materials regarding this plan should with the more natural aspects on the blinds and/or platforms. Universally be addressed to the Field Supervisor, Alamosa NWR wetlands. To assure accessible hunting blinds will be built Ecological Services, at the above compliance with public use minimum on both Refuges. All of these projects Honolulu address. An electronic copy of standards, money will be targeted for will follow the Americans with the draft revised recovery plan is also projects through RONS (Refuge Disabilities Accessibility Guidelines. available at: http://endangered.fws.gov/ Operating Needs System) and MMS Cultural Resources: Archaeological recovery/index.html#plans. (Maintenance Management System). work on the Complex will be expanded FOR FURTHER INFORMATION CONTACT: Jay Currently, funding proposals are to include work needed to determine Nelson, Fish and Wildlife Biologist, at developed for projects that will improve the eligibility of four documented sites the above Honolulu address. the quality of visitor experiences. for nomination to the National Register SUPPLEMENTARY INFORMATION: Hunting: Current waterfowl and small of Historic Places. Management will also game hunting will continue to be include a sample archaeological Background supported and encouraged. To the inventory of Refuge lands over a 15-year Recovery of endangered or threatened extent feasible, the hunting experience period. animals and plants is a primary goal of will be further tailored to meet the Elk Management: The resident elk our endangered species program and the desires of hunters using the Refuges will be managed to discourage their use Endangered Species Act (Act) (16 U.S.C. based on periodic questioning of of Monte Vista NWR in large numbers 1531 et seq.). Recovery means waterfowl hunters and other public with the intent to prevent habitat improvement of the status of listed input. The limited amount of overnight degradation. use currently available in parking lots species to the point at which listing is Dated: August 29, 2003. during waterfowl hunting seasons will no longer appropriate under the criteria be continued. John A. Blankenship, set out in section 4(a)(1) of the Act. Fishing: The shallow water in Refuge Deputy Regional Director, Region 6, Denver, Recovery plans describe actions wetlands does not support a viable Colorado. considered necessary for the fishery. Wetlands either dry up or freeze [FR Doc. 03–31436 Filed 12–19–03; 8:45 am] conservation of the species, establish solid annually which eliminates all fish BILLING CODE 4310–55–P criteria for downlisting or delisting that have entered the system. Therefore, listed species, and estimate time and fishing is not allowed on the Refuges. cost for implementing the measures Wildlife Observation: Support for the DEPARTMENT OF THE INTERIOR needed for recovery. Crane Festival will continue. On the The Act requires the development of Fish and Wildlife Service Monte Vista NWR, public and scientific recovery plans for listed species unless such a plan would not pronounce the input will be sought regarding the Draft Revised Recovery Plan for the conservation of a particular species. seasonal expansion of the auto tour ’Alala¯ (Corvus hawaiiensis) route, development of wildlife Section 4(f) of the Act requires that observation sites at Parker Pond, and AGENCY: Fish and Wildlife Service, public notice and an opportunity for development of wildlife observation Interior. public review and comment be provided decks along County Road 3E. Opinion ACTION: Notice of document availability during recovery plan development. We and information will also be sought for review and comment. will consider all information presented regarding the development of an during the public comment period prior observation deck adjacent to the Refuge SUMMARY: The U.S. Fish and Wildlife to approval of each new or revised Headquarters at the Alamosa NWR and Service (‘‘we’’) announces the recovery plan. Comments may result in near the proposed visitor center and availability of a draft revised recovery changes to the plan. Comments education facility at the Monte Vista plan for the ’Alala¯, or Hawaiian Crow regarding recovery plan implementation NWR. (Corvus hawaiiensis) for public review. will be forwarded to appropriate Federal Wildlife Photography: Photography This endemic Hawaiian bird, a member or other entities so that they can take will continue to be allowed, with no of the family Corvidae, is now believed these comments into account during the additional Refuge support provided to to be extinct in the wild and survives course of implementing recovery photographers. only in captivity. The ’Alala¯ was listed actions. Individual responses to Interpretation: A multi-purpose as an endangered species in 1967 (32 FR comments will not be provided. education and visitor center facility on 4001). The original recovery plan for the The Hawaiian Crow, or ’Alala¯, is an the Monte Vista NWR is the highest ’Alala¯ was published in 1982. omnivorous, forest-dwelling bird educational priority for the Complex. DATES: Comments on the draft revised endemic to dry and mesic forests on the Also, the Refuge staff will implement an recovery plan must be received on or island of Hawaii. Although ’Alala¯ were interpretation program centered around before February 20, 2004 to receive our still abundant in the 1890’s, their the cultural resources found on the consideration. numbers decreased sharply throughout

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the twentieth century despite legal breeding sites for disease-carrying DEPARTMENT OF THE INTERIOR protection conferred by the Territory of mosquitoes; control of introduced Hawaii in 1931, the Act in 1973, and the rodents; removal of feral cats that carry Fish and Wildlife Service State of Hawaii Endangered Species Act toxoplasmosis; and control of invasive Availability of an Environmental in 1982. Progressive range reduction plant species. Habitat management and Assessment and Receipt of an and population fragmentation have restoration will increase foods available characterized the decline. By 1987, the Application for an Incidental Take to released ’Allala¯ and provide better Permit for a Proposed Commercial wild ’Alala¯ population was reduced to cover for escape in areas with ’Io. a single bird in north Kona, and an Development in Palm Beach County, unknown number in central Kona, on Significant features of the ’Allala¯’s life FL the west slope of Mauna Loa volcano, history, behavior, ecological interactions, and habitat needs remain AGENCY: Fish and Wildlife Service, Hawaii. The last reproduction of birds Interior. in the wild was in 1996, and the wild unknown. These unknowns, combined population declined from 12 birds in with the pressing need to successfully ACTION: Notice. 1992 to 2 birds (possibly 3) in 2002, and maintain and augment the last Jupiter Island Development Company apparent extinction in the wild in 2003. remaining population of the species in (Applicant) requests an incidental take Today, the ’Allala¯ is believed to captivity, led us to develop a draft permit (Permit) pursuant to section survive only in captivity. Small revised recovery plan that focuses 10(a)(1)(B) of the Endangered Species population size and inbreeding are the primarily on actions to conserve the Act of 1973 (U.S.C. 1531 et seq.), as primary threats to the species at present, ’Allala¯ in the short-term while working amended (Act). The Applicant fertility and hatching success in within the framework of a broader long- anticipates taking one family of the captivity are currently low, and the term recovery strategy. This draft threatened Florida scrub-jay incidence of congenital abnormalities is revised recovery plan is therefore (Aphelocoma coerulescens) incidental increasing. presented in three sections: (1) An Many factors contributed to the to the clearing of 0.85 acre of occupied decline of ’Allala¯ in the wild. Introduction and Overview provides habitat associated with the development Destruction of most of the lowland information on the biology of the of a commercial facility. The proposed forests restricted the bird’s ability to species; (2) a Strategic Plan outlines the commercial development would occur follow seasonal fruiting up and down overall long-term goals and broad in section 31, Township 40 South, the mountains. The upland forests have strategies which we anticipate shall Range 43 East, in the town of Jupiter, been thinned and fragmented, and many remain effective throughout the Palm Beach County, Florida. A more fruiting plants lost, due to logging, recovery process for this species; and (3) detailed description of the mitigation ranching, and the effects of grazing by a 5-year Implementation Plan which and minimization measures to address feral pigs, cattle, and sheep. Mongooses, sets short-term goals for recovery efforts the effects of the Project to the protected cats, and rats prey on ’Allala¯ eggs and and research essential to conservation of species are outlined in the Applicant’s fledglings. Diseases carried by the species. It is anticipated that new Habitat Conservation Plan (HCP), the introduced mosquitoes may have cause Implementation Plans will be prepared Service’s Environmental Assessment (EA), and in the SUPPLEMENTARY the mortality of many ’Allala¯, as they and published as addenda to the revised INFORMATION section below. did other forest birds. The role of ’Io in recovery plan every 3 to 5 years as we The Service also announces the this decline, however, is unknown, gain further knowledge of the ’Allala¯ despite their known effect on released availability of an environmental and are better able to determine the assessment (EA) and HCP for the birds. However, ’Io densities are higher, parameters and techniques for the ¯ incidental take application. Copies of and vulnerability of ’Allala may be effective recovery of this species in the greater, in areas where ungulate grazing the EA and/or HCP may be obtained by wild. has reduced understory cover. making a request to the Regional Office The overall objective of this plan is to Public Comments Solicited (see ADDRESSES). Requests must be in provide a framework for the recovery of writing to be processed. This notice also the ’Allala¯ so that its protection under We solicit written comments on the advises the public that the Service has the Act is no longer necessary. Recovery draft revised recovery plan described. made a preliminary determination that is contingent upon protecting and All comments received by the date issuing the ITP is not a major Federal managing suitable habitat for specified above will be considered in action significantly affecting the quality reintroduction of ’Allala¯. Recovery developing a final revised recovery of the human environment within the actions include measures to protect plan. meaning of section 102(2)(C) of the habitat where the taxa occurred and National Environmental Policy Act of habitat where the species is not known Authority 1969 (NEPA), as amended. The Finding to have occurred but which may be of No Significant Impact (FONSI) is The authority for this action is section suitable, restoration of degraded habitat, based on information contained in the 4(f) of the Endangered Species Act, 16 removal of feral ungulates from habitat EA and HCP. The final determination areas, predator control, captive U.S.C. 1533(f). will be made no sooner than 60 days propagation and reintroduction, Dated: October 16, 2003. from the date of this notice. This notice development of strategies to reduce David J. Wesley, is provided pursuant to section 10 of the mortality of reintroduced ’Allala¯ by ’Io Acting Regional Director, Region 1, U.S. Fish Act and NEPA regulations (40 CFR predation, and the development of and Wildlife Service. 1506.6). means to address threats of avian [FR Doc. 03–31467 Filed 12–19–03; 8:45 am] If you wish to comment, you may disease. Key to recovery will be submit comments by any one of several propagation of ’Allala¯ in captivity; BILLING CODE 4310–55–M methods. You may mail comments to removal of feral ungulates that degrade the Service’s Regional Office (see forest habitat, spread introduced ADDRESSES). You may also comment via nonnative plant species, and create the Internet to [email protected].

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Please submit comments over the FOR FURTHER INFORMATION CONTACT: Mr. Scrub-jay use of the Project site and Internet as an ASCII file avoiding the David Dell, Regional Coordinator, (see adjacent lands has been assessed on use of special characters and any form ADDRESSES above), telephone: (404) several occasions. In February 1998, of encryption. Please also include your 679–7313, facsimile: (404) 679–7081; or field investigations by Fish and Wildlife name and return address in your Ms. Sharon Tyson, South Florida Service staff determined that one scrub- Internet message. If you do not receive Ecological Services Field Office (see jay family comprising three individual a confirmation from the Service that we ADDRESSES above), telephone: (772) birds used portions of the Project site as have received your Internet message, 562–3909 extension 324. well as adjacent lands. Systematic contact us directly at either telephone surveys conducted by the Applicant SUPPLEMENTARY INFORMATION: number listed below (see FURTHER The subsequently found scrub-jays using INFORMATION). Finally, you may hand Florida scrub-jay (scrub-jay) is 0.85 acre of the 1.00-acre Project site. deliver comments to either Service geographically isolated from other The Project site represents one of the office listed below (see ADDRESSES). Our species of scrub-jays found in Mexico few remaining undeveloped private practice is to make comments, including and the Western United States. The parcels supporting scrub-jays in names and home addresses of scrub-jay is found exclusively in northern Palm Beach County. Several respondents, available for public review peninsular Florida and is restricted to tracts of public conservation lands are during regular business hours. xeric uplands (predominately in oak also located in the vicinity of the Project Individual respondents may request that dominated scrub). Increasing urban and site, but much of the remaining we withhold their home address from agricultural development have resulted landbase has been developed for the administrative record. We will in habitat loss and fragmentation which commercial or residential uses. The honor such requests to the extent has adversely affected the distribution Project site is bounded on two sides by allowable by law. There may also be and numbers of scrub-jays. The total major roadways and on another by other circumstances in which we would estimated population is between 7,000 commercial development. The Project withhold from the administrative record and 11,000 individuals. site and surrounding lands have been a respondent’s identity, as allowable by The decline in the number and negatively influenced by previous land law. If you wish us to withhold your distribution of scrub-jays in clearing activities, off-road vehicle use, name and address, you must state this southeastern Florida has been greater and invasion by exotic species. Due to prominently at the beginning of your than in most other regions of the State. the proximity of the Project site to comments. We will not, however, Southeastern Florida has experienced existing commercial development and consider anonymous comments. We tremendous urban growth in the past 50 urban infrastructure, fire has been will make all submissions from years and much of commercial and actively excluded because of safety organizations or businesses, and from residential development has occurred concerns. As a result, the condition of individuals identifying themselves as on the dry soils which historically the xeric habitat within the Project site representatives or officials of supported scrub-jay habitat. Based on is degraded; periodic fire or land organizations or businesses, available existing soils data, much of the historic management practices that mimic fire for public inspection in their entirety. and current scrub-jay habitat of coastal are required to maintain habitat conditions suitable for the scrub-jay. DATES: east Florida occurs along a narrow Written comments on the permit Land clearing in preparation for application, supporting documentation, stretch of historic sand dunes that are situated on a north-south axis from commercial construction will destroy EA and HCP should be sent to the habitat and result in death of, or injury Service’s Regional Office (see Dade to Flagler County. Much of this area of Florida was settled early because to, scrub-jays, incidental to the carrying ADDRESSES) and should be received on out of these otherwise lawful activities. or before February 20, 2004. few wetlands restricted urban and agricultural development. Due to the Habitat alteration associated with the ADDRESSES: Persons wishing to review proposed commercial development will the application, supporting effects of urban and agricultural development over the past 100 years, reduce the availability of feeding, documentation, EA, and HCP, may nesting, and sheltering habitat for scrub- obtain a copy by writing the Service’s much of the remaining scrub-jay habitat is now relatively small and isolated. jays. Southeast Regional Office, Atlanta, The Applicant’s HCP and the Georgia. Documents will also be What remains is largely degraded due to the exclusion of fire which is needed to Service’s EA describes the following available for public inspection by minimization and mitigation strategy to appointment during normal business maintain xeric uplands in conditions suitable for scrub-jays. be employed by the Applicant to offset hours at the Regional Office, 1875 the impacts of the Project to the scrub- Century Boulevard, Suite 200, Atlanta, Scrub-jays using the Project site and jay: Georgia 30345 (Attn: Endangered adjacent lands are considered part of a • The Applicant agrees to contribute Species Permits), or Field Supervisor, larger complex of scrub-jays that occupy $95,978 to the Florida Scrub-jay U.S. Fish and Wildlife Service, 1339 xeric uplands of southeastern Florida. Conservation Fund for use in 20th Street, Vero Beach, Florida 32960– This complex of scrub-jay families conservation of this species. 3559. Written data or comments ranges from about east-central Martin • The Applicant agrees to avoid land concerning the application, supporting County south to northeastern Palm clearing activities during the scrub-jay documentation, EA, or HCP should be Beach County. The majority of scrub- nesting season. submitted to the Regional Office. jays within this complex are found The EA considers the environmental Requests for the documentation must be within Jonathan Dickinson State Park consequences of one action alternative in writing to be processed. Comments which is located about eight miles north which would result in issuance of the must be submitted in writing to be of the Project site. The continued Permit. The no action alternative (not adequately considered in the Service’s survival of scrub-jays in this area may issue the Permit) would ultimately decision-making process. Please depend on the maintenance of suitable result in loss of scrub-jay habitat within reference permit number TE065793–0 in habitat and the restoration of unsuitable the Project site due to habitat such comments, or in requests for the habitat in northeastern Palm Beach and degradation. The no action alternative documents discussed herein. southeastern Martin counties. may also expose the Applicant under

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Section 9 of the Act. The preferred DEPARTMENT OF THE INTERIOR Excepting therefrom all that portion thereof alternative would affect about 0.85 acre which lies Southerly of the Northerly line of of occupied scrub-jay habitat. The Bureau of Indian Affairs a tract of land particularly described as follows: Applicant’s financial contribution to the Land Acquisitions; Skokomish Tribe of The Northerly 210 feet of the Southerly 401 Florida Scrub-jay Conservation Fund 1 Washington feet of the East half (E ⁄2) Northeast quarter would provide funding to assist in the (NE1⁄4) of the Northwest quarter (NW1⁄4) of conservation of this species by assisting AGENCY: Bureau of Indian Affairs, the Southwest quarter (SW1⁄4) of Section two in land acquisition and/or habitat Interior. (2), Township twenty-one (21) North, Range four (4) West, W.M., lying Easterly of the ACTION: management. Notice of Final Agency Easterly right-of-way line of U.S. Highway The proposed action alternative is Determination to take land into trust No. 101, more particularly described as issuance of the Permit according to the under 25 CFR part 151. follows: HCP as submitted and described above. Commencing at the centerwest sixteenth SUMMARY: The Assistant Secretary— corner of said Section two (2), which is an Under the proposed alternative, the Indian Affairs made a final agency iron pipe; thence South 1°10′50″ West, effect of the proposed minimization and determination to acquire approximately 215.95 feet, along the East line of the mitigation measures will be a 3.0 acres, of land into trust for the Northeast quarter (NE1⁄4) of the Northwest contribution of funding for scrub-jay Skokomish Tribe of Washington on quarter (NW1⁄4) of the Southwest quarter conservation. The contribution of December 8, 2003. This notice is (SW1⁄4) of said Section two (2), to the point of beginning of the tract of land hereby mitigation funding will provide the published in the exercise of authority ° ′ ″ delegated by the Secretary of the Interior described; thence continuing South 1 10 50 Service opportunities to protect and West, along said East line, 210.00 feet; thence manage other suitable habitat in to the Assistant Secretary—Indian North 88°50′03″ West, parallel with the southeastern Florida. Mitigation funding Affairs by 209 Departmental Manual 8.1. South line of said Northeast quarter (NE1⁄4) will likely be used in combination with FOR FURTHER INFORMATION CONTACT: of the Northwest quarter (NW1⁄4) of the 1 other matching sources of money to George Skibine, Office of Indian Gaming Southwest quarter (SW ⁄4), 244.14 feet, more Management, Bureau of Indian Affairs, or less, to the Easterly right-of-way line of U. target the purchase of larger tracts of S. Highway No. 101, as located on August 31, habitat. As a result, the immediate MS–4543 MIB, 1849 C Street, NW., ° ′ ″ Washington, DC 20240; Telephone (202) 1972; thence North 0 46 28 East, along said acquisition of habitat with the Easterly right-of-way line, 210.00 feet, thence 219–4066. mitigation funding provided by the South 88°50′03″ East, 245.61 feet, more or Applicant is not anticipated. However, SUPPLEMENTARY INFORMATION: This less, to the point of beginning. any future acquisition made with all or notice is published to comply with the Also, excepting therefrom road rights-of- requirement of 25 CFR 151.12(b) that way. portions of this funding is expected to notice be given to the public of the Parcel No. 42102 32 00000. benefit scrub-jays since habitat Secretary’s decision to acquire land in protection and management has been Dated: December 8, 2003. trust at least 30 days prior to signatory Aurene M. Martin, identified as one of the most important acceptance of the land into trust. The conservation tasks for this species. Principal Deputy Assistant Secretary—Indian purpose of the 30-day waiting period in Affairs. As stated above, the Service has made 25 CFR part 151.12(b) is to afford [FR Doc. 03–31473 Filed 12–19–03; 8:45 am] a preliminary determination that the interested parties the opportunity to issuance of the Permit is not a major seek judicial review of final BILLING CODE 4310–4N–P Federal action significantly affecting the administrative decisions to take land in quality of the human environment trust for Indian tribes and individual DEPARTMENT OF THE INTERIOR within the meaning of section 102(2)(C) Indians before transfer of title to the of NEPA. This preliminary information property occurs. On December 8, 2003, Bureau of Indian Affairs may be revised due to public comment the Assistant Secretary—Indian Affairs received in response to this notice and decided to accept approximately 3.0 Indian Gaming acres, of land into trust for the is based on information contained in the Skokomish Tribe of Washington under AGENCY: Bureau of Indian Affairs, EA and HCP. the authority of the Indian Interior. The Service will also evaluate Reorganization Act of 1934, 25 U.S.C. ACTION: Notice of approved tribal-state whether the issuance of a section 465. The 3.0 acre parcel is located gaming compacts. 10(a)(1)(B) Permit complies with within the exterior boundaries of the SUMMARY: Under section 11 of the Section 7 of the Act by conducting an Skokomish Indian Tribe in Mason Indian Gaming Regulatory Act of 1988 intra-Service Section 7 consultation. County, Washington. The parcel is (IGRA) Public Law 100–497, 25 U.S.C. currently used for the Tribe’s gaming The results of the biological opinion, in 2710, the Secretary of the Interior shall facility. No change in use is anticipated combination with the above findings, publish in the Federal Register, notice following conveyance of the parcel to will be used in the final analysis to of the approved Tribal-State compacts the United States in trust for the Tribe. determine whether or not to issue the for the purpose of engaging in Class III Permit. The real property consists of a 3.0 acre tract known as ‘‘Parcel 1 of the gaming activities on Indian lands. The Dated: December 3, 2003. Jackpot Property’’ situated in Mason Principal Deputy Assistant Secretary— Jackie Parrish, County, Washington. The legal Indian Affairs, Department of the description of the property is as follows: Interior, through her delegated Acting Regional Director. authority, has approved the Tribal-State [FR Doc. 03–31437 Filed 12–19–03; 8:45 am] All that portion of the East half (E1⁄2) Compacts between the Santa Ysabel 1 BILLING CODE 4310–55–P Northeast quarter (NE ⁄4) of the Northwest Band of Diegueno Mission Indians and quarter (NW1⁄4) of the Southwest quarter the La Posta Band of Mission Indians (SW1⁄4) of Section two (2), Township twenty- one (21) North, Range four (4) West, W.M., and the State of California. The lying Easterly of the Easterly right-of-way Compacts authorize a 350 machine line of U.S. Highway No. 101. Gaming Facility on the tribes’ existing

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reservations, requires a 5% payment of By order of the Commission. including the validity of the net win from the operation of gaming Issued: December 17, 2003 methodology and assumptions used; devices to the State for the exclusive Marilyn R. Abbott, (3) Enhance the quality, utility, and right to operate Class III gaming devices Secretary to the Commission. clarity of the information to be in the State of California, and as part of [FR Doc. 03–31509 Filed 12–17–03; 4:33 pm] collected; and the Tribes’ commitment to mitigate any BILLING CODE 7020–02–P significant, adverse impacts resulting (4) Minimize the burden of the from the casino development, the Tribes collection of information on those who are to respond, including through the and the State, through San Diego DEPARTMENT OF JUSTICE County, have agreed to conclude one or use of appropriate automated, electronic, mechanical, or other more written agreements. All such Bureau of Alcohol, Tobacco, Firearms, technological collection techniques or agreements shall be concluded prior to and Explosives the commencement of the Project, and other forms of information technology, shall provide for the identification and Agency Information Collection e.g., permitting electronic submission of implementation of feasible mitigation Activities: Proposed Collection; responses. measures and feasible project Comments Requested Overview of This Information alternatives concerning problem and Collection pathological gambling and significant ACTION: 30-day notice of information environmental effects. collection under review: eForm 6 (1) Type of information collection: EFFECTIVE DATE: December 22, 2003. Access Request. Extension of a currently approved FOR FURTHER INFORMATION CONTACT: The Department of Justice (DOJ), collection. George T. Skibine, Director, Office of Bureau of Alcohol, Tobacco, Firearms (2) The title of the form/collection: Indian Gaming Management, Bureau of and Explosives (ATF) has submitted the eForm 6 Access Request. Indian Affairs, Washington, DC 20240, following information collection request (3) The agency form number, if any, (202) 219–4066. to the Office of Management and Budget and the applicable component of the Dated: December 9, 2003. (OMB) for review and approval in department sponsoring the collection: Aurene M. Martin, accordance with the Paperwork Form Number: ATF F 5013.3. Bureau of Principal Deputy Assistant Secretary—Indian Reduction Act of 1995. The proposed Alcohol, Tobacco, Firearms and Affairs. information collection is published to Explosives, Department of Justice. [FR Doc. 03–31474 Filed 12–19–03; 8:45 am] obtain comments from the public and affected agencies. This proposed (4) Affected public who will be asked BILLING CODE 4310–4N–P information collection was previously or required to respond, as well as a brief published in the Federal Register abstract: Primary: Business or other for- Volume 68, Number 122, page 37865 on profit. Other: None. Respondents must INTERNATIONAL TRADE June 25, 2003, allowing for a 60 day complete the eForm 6 Access Request COMMISSION comment period. form in order to receive a user ID and password to obtain access to ATF’s Sunshine Act Meeting The purpose of this notice is to allow for an additional 30 days for public eForm 6 system. The information is AGENCY HOLDING THE MEETING: comment until January 21, 2004. This used by the Government to verify the International Trade Commission. process is conducted in accordance with identity of the end users prior to issuing passwords. TIME AND DATE: December 29, 2003, at 11 5 CFR 1320.10. a.m. Written comments and/or suggestions (5) An estimate of the total number of regarding the items contained in this PLACE: Room 101, 500 E Street, SW., respondents and the amount of time notice, especially the estimated public estimated for an average respondent to Washington, DC 20436. Telephone: burden and associated response time, (202) 205–2000. respond/reply: It is estimated that 500 should be directed to The Office of respondents will complete the form in STATUS: Open to the public. Management and Budget, Office of approximately 18 minutes. MATTERS TO BE CONSIDERED: Information and Regulatory Affairs, (6) An estimate of the total public 1. Agenda for future meetings: none. Attention Department of Justice Desk 2. Minutes. Officer, Washington, DC 20503. burden (in hours) associated with the 3. Ratification List. Additionally, comments may be collection: The estimated total public 4. Inv. No. 731–TA–1059 (Preliminary) submitted to OMB via facsimile to (202) burden associated with this application (Hand Trucks from China)—briefing 395–5806. Written comments and is 150 hours. and vote. (The Commission is suggestions from the public and affected If additional information is required currently scheduled to transmit its agencies concerning the proposed contact: Brenda E. Dyer, Deputy determination to the Secretary of collection of information are Clearance Officer, United States Commerce on December 29, 2003; encouraged. Your comments should Department of Justice, Policy and Commissioners’ opinions are address one or more of the following Planning Staff, Justice Management currently scheduled to be four points: Division, Suite 1600, Patrick Henry transmitted to the Secretary of (1) Evaluate whether the proposed Building, 601 D Street, NW., Commerce on or before January 6, collection of information is necessary Washington, DC 20530. 2004.) for the proper performance of the Dated: December 16, 2003. 5. Outstanding action jackets: none. functions of the agency, including In accordance with Commission whether the information will have Brenda E. Dyer, policy, subject matter listed above, not practical utility; Deputy Clearance Officer, Department of disposed of at the scheduled meeting, (2) Evaluate the accuracy of the Justice. may be carried over to the agenda of the agencies estimate of the burden of the [FR Doc. 03–31413 Filed 12–19–03; 8:45 am] following meeting. proposed collection of information, BILLING CODE 4410–FY–P

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DEPARTMENT OF LABOR imports was not identified. Allegations of the Trade Act of 1974 (‘‘the Act’’) and regarding job loss due to imports at are identified in the Appendix to this Employment and Training Allen, Texas, are also omitted. Thus, the notice. Upon receipt of these petitions, Administration petition is invalid and the investigation the Director of the Division of Trade [TA–W–53,738] has been terminated. Adjustment Assistance, Employment Signed at Washington, DC, this 8th day of and Training Administration, has Aaden Aaberg Setnet Operation, December, 2003. instituted investigations pursuant to Anchorage, AK; Notice of Termination Elliott S. Kushner, section 221(a) of the Act. of Investigation Certifying Officer, Division of Trade The purpose of each of the Pursuant to section 221 of the Trade Adjustment Assistance. investigations is to determine whether Act of 1974, as amended, an [FR Doc. 03–31455 Filed 12–19–03; 8:45 am] the workers are eligible to apply for investigation was initiated on December BILLING CODE 4510–30–P adjustment assistance under Title II, 8, 2003 in response to a petition filed by Chapter 2, of the Act. The investigations a company official on behalf of workers DEPARTMENT OF LABOR will further relate, as appropriate, to the of the Aaden Aaberg setnet operation, determination of the date on which total Anchorage, Alaska. or partial separations began or The investigation revealed that the Employment and Training threatened to begin and the subdivision subject firm did not separate or threaten Administration of the firm involved. to separate a significant number or [TA–W–53,522] proportion of workers as required by The petitioners or any other persons section 222 of the Trade Act of 1974. Avery Dennison, Office Products showing a substantial interest in the Significant number or proportion of the Group, Flowery Branch, GA; Notice of subject matter of the investigations may workers means that at least three Termination of Investigation request a public hearing, provided such workers in a firm with a workforce of Pursuant to section 221 of the Trade request is filed in writing with the fewer than 50 workers would have to be Act of 1974, an investigation was Director, Division of Trade Adjustment affected. Separations by the subject firm initiated on November 13, 2003, in Assistance, at the address shown below, did not meet this threshold level; response to a worker petition which was not later than January 2, 2004. consequently the investigation has been filed by a company official on behalf of Interested persons are invited to terminated. workers at Avery Dennison, Office submit written comments regarding the Signed at Washington, DC this 10th day of Products Group, Flowery Branch, subject matter of the investigations to December 2003. Georgia. the Director, Division of Trade Linda G. Poole, The petitioner has requested that the Adjustment Assistance, at the address Certifying Officer, Division of Trade petition be withdrawn. Consequently, shown below, not later than January 2, Adjustment Assistance. further investigation in this case would 2004. [FR Doc. 03–31466 Filed 12–19–03; 8:45 am] serve no purpose, and the investigation BILLING CODE 4510–30–P has been terminated. The petitions filed in this case are available for inspection at the Office of Signed in Washington, DC, this 8th day of December, 2003. the Director, Division of Trade Adjustment Assistance, Employment DEPARTMENT OF LABOR Linda G. Poole, and Training Administration, U.S. Certifying Officer, Division of Trade Employment and Training Department of Labor, Room C–5311, 200 Administration Adjustment Assistance. [FR Doc. 03–31459 Filed 12–19–03; 8:45 am] Constitution Avenue, NW., Washington, DC 20210. [TA–W–52,797] BILLING CODE 4510–30–P Signed at Washington, DC this 24th day of Alcatel, Allen, TX; Notice of November 2003. Termination of Investigation DEPARTMENT OF LABOR Timothy Sullivan, Pursuant to section 221 of the Trade Employment and Training Director, Division of Trade Adjustment Act of 1974, as amended, an Assistance. investigation was initiated on Administration September 11, 2003, in response to a Investigations Regarding Certifications worker petition filed on behalf of of Eligibility To Apply for Worker workers at Alcatel, Allen, Texas. Adjustment Assistance The petitioners did not supply information sufficient to create a valid Petitions have been filed with the petition. The product affected by Secretary of Labor under section 221(a)

APPENDIX.—PETITION INSTITUTED BETWEEN 11/10/2003 AND 11/14/2003

Date of institu- Date of peti- TA–W Subject firm (petitioners) Location tion tion

53,493 Derby Industries, LLC (Comp) ...... Galesburg, IL ...... 11/10/2003 10/30/2003 53,494 Avery Dennison (Comp) ...... Chicopee, MA ...... 11/10/2003 11/07/2003 53,495 Fisher Controls International, LLC (Wkrs) ...... Sherman, TX ...... 11/10/2003 11/05/2003 53,496 Pass and Seymour (Comp) ...... San Antonio, TX ...... 11/10/2003 11/03/2003 53,497 Eljer Plumbing Ware (Comp) ...... Salem, OH ...... 11/10/2003 11/07/2003 53,498 Anadarko Petroleum Corp. (Comp) ...... The Woodlands, TX ...... 11/10/2003 10/31/2003 53,499 Supreme Elastic Corp. (Comp) ...... Hickory, NC ...... 11/10/2003 11/02/2003

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APPENDIX.—PETITION INSTITUTED BETWEEN 11/10/2003 AND 11/14/2003—Continued

Date of institu- Date of peti- TA–W Subject firm (petitioners) Location tion tion

53,500 Intertape Polymer Group (Comp) ...... Green Bay, WI ...... 11/10/2003 11/09/2003 53,501 Fishing Vessel (F/V) Exception (Comp) ...... Homer, AK ...... 11/12/2003 11/01/2003 53,502 D’Vron Ceramic Studio, Inc. (Comp) ...... New Castle, PA ...... 11/12/2003 10/22/2003 53,503 NTN—BCA Corporation (Comp) ...... Greensburg, IN ...... 11/12/2003 11/11/2003 53,504 Coe Manufacturing (IBT) ...... Tigard, OR ...... 11/12/2003 11/10/2003 53,505 Hunt Corporation (Comp) ...... Statesville, NC ...... 11/12/2003 11/07/2003 53,506 Romac Industries, Inc. (Comp) ...... Sultan, WA ...... 11/12/2003 11/10/2003 53,507 Northern Aluminum Foundry (Wkrs) ...... N. Fond Du Lac, WI ...... 11/12/2003 11/11/2003 53,508 Paper Magic Group, Inc. (The) (Comp) ...... Troy, PA ...... 11/12/2003 11/07/2003 53,509 Armstrong Floor Co. (AR) ...... Warren, AR ...... 11/12/2003 11/10/2003 53,510 CB and I (Wkrs) ...... Provo, UT ...... 11/12/2003 11/10/2003 53,511 Rusch, Inc. (Comp) ...... Decatur, GA ...... 11/12/2003 11/04/2003 53,512 Plus Mark, Inc. (UNITE) ...... Greenville, TN ...... 11/12/2003 11/07/2003 53,513 Amphenol Backplane Systems (Wkrs) ...... Nashua, NH ...... 11/12/2003 11/05/2003 53,514 Art Leather Mfg. Co., Inc. (Comp) ...... Elmhurst, NY ...... 11/13/2003 10/29/2003 53,515 Thomasville Furniture Ind., Inc. (Comp) ...... Thomasville, NC ...... 11/13/2003 11/07/2003 53,516 Delphi Mechatronic Systems (Wkrs) ...... Downers Grove, IL ...... 11/13/2003 11/12/2003 53,517 Howell-Penncraft (Wkrs) ...... Howell, MI ...... 11/13/2003 10/28/2003 53,518 S. Lichtenberg and Co., Inc. (GA) ...... Waynesboro, GA ...... 11/13/2003 11/10/2003 53,519 Field Container (Comp) ...... Bellwood, IL ...... 11/13/2003 11/10/2003 53,520 Giddings and Lewis (Wkrs) ...... Fond Du Lac, WI ...... 11/13/2003 11/11/2003 53,521 Perry Judd’s (Comp) ...... Waterloo, WI ...... 11/13/2003 11/12/2003 53,522 Avery Dennison Office Products (Comp) ...... Flowery Branch, GA ...... 11/13/2003 10/31/2003 53,523 Wellington Leisure Products, Inc. (Comp) ...... Madison, GA ...... 11/13/2003 11/03/2003 53,524 Overly Door Company (Wkrs) ...... Greensburg, PA ...... 11/13/2003 10/15/2003 53,525 Rene Composite (Wkrs) ...... Pearisburg, VA ...... 11/13/2003 11/12/2003 53,526 Royal Home Fashions (Wkrs) ...... Mebane, NC ...... 11/13/2003 10/31/2003 53,527 Vandorn Demag (Wkrs) ...... Strongsville, OH ...... 11/13/2003 11/12/2003 53,528 Ferndale Fasteners/Textron Fastening Sys (UAW) ...... Madison Hgts., MI ...... 11/13/2003 11/11/2003 53,529 General Binding Corp. (GBC) (Comp) ...... Booneville, MS ...... 11/14/2003 11/03/2003 53,530 Stone County Garment (Comp) ...... Crane, MO ...... 11/14/2003 11/04/2003 53,531 GDX Automotive (Wkrs) ...... Salisbury, NC ...... 11/14/2003 11/12/2003 53,532 Pen-Ro Group (MA) ...... Pittsfield, MA ...... 11/14/2003 11/07/2003 53,533 International Paper (Comp) ...... Bucksport, ME ...... 11/14/2003 11/05/2003 53,534 International Paper (Comp) ...... Augusta, ME ...... 11/14/2003 10/29/2003 53,535 International Paper (Comp) ...... Auburn, ME ...... 11/14/2003 10/29/2003 53,536 Istonish, Inc. (Wkrs) ...... Austin, TX ...... 11/14/2003 10/30/2003 53,537 Pacific Rim Log Scaling Bureau (Wkrs) ...... Lacey, WA ...... 11/14/2003 11/06/2003 53,538 Allegheny Ludlum Corp. (Comp) ...... Brackenridge, PA ...... 11/14/2003 11/03/2003 53,539 El Mansure (SC) ...... Clinton, SC ...... 11/14/2003 11/11/2003 53,540 Teikoko Chem Pump (Wkrs) ...... Warrington, PA ...... 11/14/2003 10/31/2003

[FR Doc. 03–31454 Filed 12–19–03; 8:45 am] Signed at Washington, DC, this 8th day of The petitioner has requested that the BILLING CODE 4510–30–M December, 2003. petition be withdrawn. Consequently, Linda G. Poole, the investigation has been terminated. Certifying Officer, Division of Trade Signed at Washington, DC, this 8th day of DEPARTMENT OF LABOR Adjustment Assistance. December, 2003. [FR Doc. 03–31456 Filed 12–19–03; 8:45 am] Elliott S. Kushner, Employment and Training BILLING CODE 4510–30–P Administration Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. 03–31462 Filed 12–19–03; 8:45 am] [TA–W–53,369] DEPARTMENT OF LABOR BILLING CODE 4510–30–P Fishing Vessel (F/V) Darlin Michele, Employment and Training Hoonah, AK; Notice of Termination of Administration DEPARTMENT OF LABOR Investigation [TA–W–53,628] Pursuant to section 221 of the Trade Employment and Training G & R Transport, St. Joseph, MO; Administration Act of 1974, as amended, an Notice of Termination of Investigation investigation was initiated on November 29, 2003, in response to a petition filed Pursuant to section 221 of the Trade [TA–W–53,656] by a company official on behalf of Act of 1974, as amended, an Halliburton Energy Services, Screens workers of F/V Darlin Michele, Hoonah, investigation was initiated on November Manufacturing Facility, Houston, TX; Alaska. 25, 2003 in response to a worker Notice of Termination of Investigation The petitioner has requested that the petition filed by a company official on petition be withdrawn. Consequently, behalf of workers at G & R Transport, St. Pursuant to section 221 of the Trade the investigation has been terminated. Joseph, Missouri. Act of 1974, as amended, an

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investigation was initiated on November workers at Millennium A.R. Haire, Signed at Washington, DC, this 8th day of 28, 2003 in response to a petition filed Thomasville, North Carolina. December, 2003. on behalf of workers of Halliburton The petitioner has requested that the Linda G. Poole, Energy Services, Screen Manufacturing petition be withdrawn. Consequently, Certifying Officer, Division of Trade Facility, Houston, Texas. the investigation has been terminated. Adjustment Assistance. The petitioning group of workers is [FR Doc. 03–31458 Filed 12–19–03; 8:45 am] covered by an active certification Signed at Washington, DC, this 8th day of BILLING CODE 4510–30–P issued, and which remains in effect December, 2003. until July 15, 2004 (TA–W–41,091E). Linda G. Poole, Consequently, further investigation in Certifying Officer, Division of Trade DEPARTMENT OF LABOR this case would serve no purpose, and Adjustment Assistance. the investigation has been terminated. [FR Doc. 03–31457 Filed 12–19–03; 8:45 am] Employment and Training Signed at Washington, DC, this 8th day of BILLING CODE 4510–30–P Administration December, 2003. Linda G. Poole [TA–W–53,629] Certifying Officer, Division of Trade DEPARTMENT OF LABOR Adjustment Assistance. Twitchell Corp., Dothan, AL; Notice of Employment and Training [FR Doc. 03–31464 Filed 12–19–03; 8:45 am] Termination of Investigation Administration BILLING CODE 4510–30–P Pursuant to section 221 of the Trade [TA–W–53,626] Act of 1974, as amended, an DEPARTMENT OF LABOR investigation was initiated on November P & R Trucking Services, Inc., St. 25, 2003 in response to a worker Joseph, MO; Notice of Termination of Employment and Training petition filed by a company official on Investigation Administration behalf of workers at Twitchell Corporation, Dothan, Alabama. [TA–W–53,672] Pursuant to section 221 of the Trade Act of 1974, as amended, an The petitioner has requested that the Learjet, Inc., A Division of Bombardier, investigation was initiated on November petition be withdrawn. Consequently, Inc., Wichita, KS; Notice of Termination 25, 2003 in response to a worker the investigation has been terminated. of Investigation petition filed by a company official on Signed at Washington, DC this 10th day of Pursuant to section 221 of the Trade behalf of workers at P & R Trucking December, 2003. Services, Inc., St. Joseph, Missouri. Act of 1974, as amended, an Linda G. Poole, investigation was initiated on December The petitioner has requested that the Certifying Officer, Division of Trade 1, 2003 in response to a petition filed by petition be withdrawn. Consequently, Adjustment Assistance. an official of the International the investigation has been terminated. Association of Machinists and [FR Doc. 03–31463 Filed 12–19–03; 8:45 am] Aerospace Workers, Lodge No. 70, on Signed at Washington, DC, this 8th day of BILLING CODE 4510–30–P behalf of workers at Learjet, Inc., a December, 2003. division of Bombardier, Inc., Wichita, Elliott S. Kushner, KS. Certifying Officer, Division of Trade DEPARTMENT OF LABOR The petitioner has requested that the Adjustment Assistance. Employment and Training petition be withdrawn. Consequently, [FR Doc. 03–31460 Filed 12–19–03; 8:45 am] Administration the investigation has been terminated. BILLING CODE 4510–30–P Signed at Washington, DC this 10th day of [TA–W–53,627] December, 2003. DEPARTMENT OF LABOR Linda G. Poole, The Washout Co., St. Joseph, MO; Certifying Officer, Division of Trade Employment and Training Notice of Termination of Investigation Adjustment Assistance. Administration [FR Doc. 03–31465 Filed 12–19–03; 8:45 am] Pursuant to section 221 of the Trade BILLING CODE 4510–30–P [TA–W–53,521] Act of 1974, as amended, an investigation was initiated on November Perry Judd’s, Waterloo, WI; Notice of 25, 2003 in response to a worker DEPARTMENT OF LABOR Termination of Investigation petition filed by a company official on Employment and Training behalf of workers at The Washout Administration Pursuant to section 221 of the Trade Company, St. Joseph, Missouri. Act of 1974, as amended, an The petitioner has requested that the [TA–W–53,432] investigation was initiated on November petition be withdrawn. Consequently, 13, 2003, in response to a petition filed the investigation has been terminated. Millennium A.R. Haire, Thomasville, by a company official on behalf of NC; Notice of Termination of workers at Perry Judd’s, Waterloo, Signed at Washington, DC, this 8th day of Investigation Wisconsin. December, 2003. Pursuant to section 221 of the Trade The petitioner has requested that the Elliott S. Kushner, Act of 1974, as amended, an petition be withdrawn. Consequently, Certifying Officer, Division of Trade investigation was initiated on November further investigation would serve no Adjustment Assistance. 4, 2003, in response to a petition filed purpose, and the investigation has been [FR Doc. 03–31461 Filed 12–19–03; 8:45 am] by a company official on behalf of terminated. BILLING CODE 4510–30–P

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DEPARTMENT OF LABOR award up to four (4) grants. Projects will skills treatment of the previously be selected that provide services to incarcerated veteran. Veterans’ Employment and Training incarcerated veterans at one or more We anticipate awarding at least one Services levels of the correctional system, i.e., (1) grant for each type of correctional Federal, State and local. This notice facility program (Federal, State, and Funding Opportunity: Incarcerated contains all of the necessary information local). Veterans Transition Program (IV–TP) and forms needed to apply for grant III. Eligibilty Information Pilot Competitive Grants for FY 2004 funding. Announcement Type: Initial The Incarcerated Veterans Transition 1. Eligible Applicants announcement of availability of funds Programs (IV–TP) are to be designed to Applications for funds will be and Solicitation for Grant Applications be flexible in addressing the national, accepted from State and local Workforce (SGA) for Incarcerated Veteran regional, and/or local issues that Investment Boards (WIBS), public Transition Programs. prevent previously incarcerated agencies, for-profit/commercial entities, Funding Opportunity Number: SGA veterans from reintegrating into the and nonprofit organizations, including 04–01. workforce. faith-based and community Catalogue of Federal Assistance VETS will seek applicants that organizations, who are familiar with the Number: 17–805. provide direct services through a case population to be served and can Dates: Applications are due on management approach that networks demonstrate expertise in administering January 21, 2004. Period of Performance with Federal, State, and local resources an effective program. Eligible applicants is February 24, 2004, through February for veteran support programs that have will fall into one of the following 23, 2005. clear strategies for employment and categories: Application and Amendments: If retention and/or life skills treatment of A. State and local Workforce copies of the standard forms are needed, the previously incarcerated veteran. Investment Boards (WIBS), established they can be downloaded from http:// I. Funding Opportunity Description under section 111 and 117 of the www.whitehouse.gov/omb/grants/ Workforce Investment Act. _ (Background) grants forms.html. B. Public agencies meaning any To receive amendments to this Section 5 of Pub. L. 107–95, the public agency of a State or of a general solicitation (please reference SGA 04– Homeless Veterans Comprehensive purpose political subdivision of a State 01) all applicants must register their Assistance Act (HVCAA) of 2001 which has the power to levy taxes and name and address with the Grant Officer amended title 38, United States Code, spend funds, as well as general at below listed address. ‘‘to revise, improve, and consolidate corporate and police powers. (This Cassandra Willis, Department of provisions of law providing benefits and typically refers to cities and counties.) A Labor: Procurement Services Center, services for homeless veterans’ and State agency may propose in its Room N–5416, 200 Constitution required that the Department of Labor application to serve one or more of the Avenue, NW., Washington, DC 20210; and Department of Veteran Affairs potential jurisdictions located in its Telephone (202) 693–4570. partner in at least six (6) demonstration State. This does not preclude a city or Summary: Applicants for grant funds projects to serve incarcerated veterans at county agency from submitting an should read this notice in its entirety. risk of homelessness. The Homeless application to serve its own jurisdiction. The U.S. Department of Labor, Veterans’ Veterans’ Reintegration Project (HVRP) Applicants are encouraged to utilize, Employment and Training Service was the first nationwide Federal through partnerships or sub-awards, (VETS), announces a grant competition program that concentrated on placing experienced public agencies, private for up to four pilot programs that homeless veterans into jobs. This nonprofit organizations, private comply with the requirements of 38 extension of the HVRP project, designed businesses and faith-based and U.S.C. section 2022, as added by section to support and evaluate programs that community organizations that have an 5 of Pub. L. 107–95. Pub. L. 107–95, the focus principally on previously understanding of unemployment and Homeless Veterans Comprehensive incarcerated veterans, will provide the barriers to employment unique to Assistance Act (HVCAA) of 2001 invaluable information on approaches previously incarcerated veterans, a requires the Department of Labor and that assist in the prevention of familiarity with the area to be served, the Department of Veteran Affairs to homelessness among that population. and the capability to effectively provide partner in the development, support, II. Award Information the necessary services. and operation of at least six C. For-profit/commercial entities and demonstration projects designed to Under this solicitation, VETS private nonprofit organizations that support incarcerated veterans at risk of anticipates that up to $250,000 will be have operated a VWIP, HVRP or similar homelessness. This demonstration is available for each grant awarded in employment and training program for being funded under the authority of the Fiscal Year (FY) 2004 and expects to the homeless or veterans and have a Homeless Veterans Reintegration award up to four (4) grants. proven competence to manage grants Program, 38 U.S.C. section 2021. Projects will be selected that provide and have or will provide the necessary Applicants will be required to design services to incarcerated veterans at one linkages with other service providers. programs which assist eligible veterans or more levels of the correctional D. Non-profit organizations that have (who are incarcerated and at risk of system, i.e., Federal, State and local, in received 501(c) (3) status from the homelessness) that provide career order for the participants to transition Internal Revenue Service (IRS). If counseling, employment training, job into the workforce. VETS will seek claiming 501(c) (3) status, the IRS search assistance, and life skills support applicants that provide direct services statement indicating 501(c) (3) status services. through a case management approach approval must be submitted. Under this solicitation, VETS that networks with Federal, State, and Entities described in section 501(c)(4) anticipates that up to $250,000 will be local resources for veteran support of the Internal Revenue Codes that available for each of the grant awards in programs that have clear strategies for engage in lobbying activities are not fiscal year (FY) 2004 and expects to employment and retention and/or life eligible to receive funds under this

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announcement as section 18 of the 2. Content and Form of Application ‘‘inreach’’ within the correctional Lobbying Disclosure Act of 1995, Pub. Submission institution. Coordination with the L. 104–65, 109 Stat. 691, prohibits the A. A cover letter, an original, and two Department of Veterans’ Affairs award of Federal funds to these entities. (2) copies of the proposal must be Regional Benefits Office, DVOPs and LVERs in the jurisdiction is required. 2. Cost Sharing submitted to: U.S. Department of Labor, Procurement Services Center, 200 Programs must be ‘‘employment Cost sharing and matching funds are Constitution Avenue, NW., Room N– focused’’. The services provided will be not required for this SGA. 5416, Attn: Cassandra Willis, directed toward: (a) Increasing the employability of incarcerated veterans 3. Other Washington, DC 20210; Phone (202) 693–4570. through training or arranging for the A. Funding Levels It is recommended that applicants provision of services which will enable confirm application receipt by them to work after release; and (b) The total funding available for this contacting the above listed point of matching veteran ex-offenders with solicitation is up to $1,000,000. It is contact prior to the closing date (this is potential employers. The following anticipated that up to four (4) awards not a toll-free number). Applicants are format for the technical proposal is will be made under this solicitation. advised that postal reaction to anthrax strongly recommended: (a) Need for the program. The Awards are expected to range from contamination of U.S. mail occasionally applicant must identify the geographical $200,000 to a maximum of $250,000. caused mail delivery delays that must area to be served and provide an The Department of Labor reserves the be considered when taking into account right to negotiate the amounts to be estimate of the number of incarcerated the application deadline. veterans in the designated area. Include awarded under this competition. Please B. The proposal must consist of two poverty and unemployment rates in the be advised that requests exceeding the (2) separate and distinct parts, the area and identify the disparities in the $250,000 will be considered non- Technical Proposal and the Cost responsive. local community infrastructure that Proposal as well as the Standard Form exacerbate the employment barriers B. Period of Performance 424. All proposals will include: faced by the targeted veterans. Indicate (1) One completed, blue ink-signed how the project would respond to these original SF 424, Application for Federal The period of performance will be for obstacles and include labor market Assistance; twelve (12) months from date of award information (LMI) on the prospect for (2) An original and two (2) copies of unless modified. It is expected that job opportunities in emerging areas, i.e., the Technical Proposal; including successful applicants will begin service area. program operations under this proposed Technical Performance Goals (b) Approach or strategy to increase solicitation on February 24, 2004. Form in Appendix D; and employment and job retention: Program funds must be obligated by (3) An original and two (2) copies of Applicants must be responsive to the February 23, 2005; however, a limited the Cost Proposal. Rating Criteria contained in section IX amount of funds should be reserved for C. The information provided in these and address all of the rating factors as follow-up activities and closeout. two parts is essential to gain an thoroughly as possible in the narrative. understanding of the programmatic and C. Optional Year Funding The applicant must: (a) Indicate the fiscal contents of the grant proposal. type(s) of training available to include Should there be action by Congress to 1. Part 1—The Technical Proposal its applicability to the jobs that are in appropriate additional funds for this consists of a narrative proposal that demand, length of training, training purpose, optional year funding may be demonstrates: the applicant’s curriculum and how the training will considered. The Government does not, knowledge of the need for this improve the eligible veterans’ however, guarantee optional year particular grant program, an employment opportunities within that funding for any Grantee. Should VETS understanding of the services and geographical area; (b) describe the decide that an optional year funding be activities proposed to obtain successful specific supportive, employment and exercised, the Grantees’ performance outcomes for the ex-offender veterans training services to be provided under during the previous period of operations served; and evidence of the applicant’s this grant and the sequence or flow of will be taken into consideration (see IV. ability to accomplish the expected such services—flow charts may be 5.C.). outcomes of the proposed project provided; (c) provide a follow-up plan design. The technical proposal narrative that addresses retention after 30, 90 and IV. Application and Submission must not exceed fifteen (15) pages 180 days with participants who have Information double-spaced, font size no less than 11 entered employment (see discussion on 1. Address To Request Application pt., and typewritten on one side of the results in section V.c.); and (d) include paper only. (The applicant also must the required chart of proposed Application announcements or forms complete the forms, i.e., Technical performance goals and planned will not be mailed. The Federal Register Performance Goals chart provided in the expenditures listed in Appendix D. may be obtained from your nearest SGA, Appendix D.) (c) Linkages with correctional government office or library. In Note: Resumes, charts, standard forms, programs, services and facilities that addition, a copy of this notice and the transmittal letters, MOUs, agreements, lists of serve the homeless veterans: Describe application requirements may be contracts and grants and letters of support are program and resource linkages with downloaded from the Veterans not included in the page count. If provided, correctional services and facilities that Employment and Training Services Web include these documents as attachments to will be involved in identifying potential site at http://www.dol.gov/vets. If the technical proposal. clients for this program. Describe any additional copies of the standard forms The proposal must include an networks with other related resources are needed, they can also be outreach component that uses either and/or other programs of a correctional downloaded from: http:// DVOP/LVER staff or a trained outreach nature that serves incarcerated veterans. www.whitehouse.gov/omb/grants/ cadre and must include correctional Indicate how the program will be grants_forms.html. personnel to provide information and coordinated with any correctional

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efforts that are conducted by public and program experience and employment f. A completed Survey on Ensuring private agencies in the community. If a and training performance outcomes is Equal Opportunity for Applicants in Memoranda of Understanding (MOU) or required. The applicant must provide Appendix F; and other service agreements exist with information showing outcomes of all g. Assurance and Certification service providers, copies should be past programs in terms of enrollments signature page (original signed in blue provided. and placements. An applicant that has ink) in Appendix C. (d) Linkages with other providers of operated a HVRP, other Homeless Copies of all required forms with employment and training services to the Employment and Training program, or instructions for completion are provided homeless veterans: Describe the VWIP program, must include the final as appendices to this SGA. networks the program will have with or most recent technical performance All applicants must submit evidence other providers of services to homeless reports. The applicant must also provide of satisfactory financial management veterans other than the IV–TP grant; evidence of key staff capability. It is capability, which must include recent include a description of the relationship preferred that grantees be well financial and/or audit statements. with other employment and training established and not in the start-up phase Grantees are required to utilize programs such as DVOP, the Local or process. If claiming 501(c)(3) status, Generally Accepted Accounting Veterans’ Employment Representative the Internal Revenue Service statement Practices, maintain a separate (LVER) program, and programs under indicating 501(c)(3) status approval accounting for these grant funds, and the Workforce Investment Act; and list must be submitted. have a checking account. The Catalog of the type of services that will be (h) Proposed housing strategy for Federal Domestic Assistance number for provided by each. Note the type of previously incarcerated veterans: this program is 17.805. It must be agreement in place, if applicable. Describe how housing resources for entered on the SF 424, Block 10. Linkages with the workforce incarcerated veterans will be obtained All applicants must include, as a development system must be or accessed. These resources must be separate appendix, a list of all delineated. Describe any networks with from linkages or sources other than the government employment and training any other resources and/or other IV–TP grant such as HUD, HHS, grants and contracts that it has had in programs for incarcerated veterans. community housing resources, VA the past three (3) years, including grant/ Indicate how the program will be leasing, or other programs. contract officer contact information. coordinated with any efforts for the 2. Part 2—The Cost Proposal must Veterans’ Employment and Training homeless that are conducted by agencies contain: Service reserves the right to have a DOL in the community. If a Memoranda of a. Standard Form (SF) 424, representative within each State review Understanding (MOU) or other service ‘‘Application for Federal Assistance’’, and verify this data. Applicants can agreements exists with other service (original and signed in blue-ink) in expect that the cost proposal will be providers, copies should be provided. reviewed for allocations, allowances, (e) Linkages with other Federal Appendix A; and agencies: Describe program and b. The organizational unit section of and reasonableness. resource linkages with Department of Block 5 of the SF 424 must contain the 3. The Cost Proposal Narrative Housing and Urban Development Dun and Bradstreet number of the Information: As an attachment to the (HUD), Department of Health and applicant. Please note that beginning Budget Information Sheet (SF 424A), the Human Services (HHS), and Department October 1, 2003, all applicants for applicant must provide, at a minimum, of Veterans Affairs (VA) for the veteran Federal grant funding opportunities are and on separate sheet(s), the following population to include the Compensated required to include a Dun and information: Work Therapy (CWT) and Per Diem Bradstreet (DUNS) number with their (a) Breakout of all personnel costs by programs. Indicate how the applicant application. See OMB Notice of Final position, title, salary rates, and percent will coordinate with any ‘‘continuum of Policy Issuance, 68 FR 38402 (June 27, of time of each position to be devoted care’’ efforts for the homeless among 2003). Applicants’ DUNS numbers to the proposed project (including Sub- agencies in the community. If a should be entered into Block 5 of SF grantees) (Appendix E); Memoranda of Understanding (MOU) or 424. The DUNS number is a nine digit (b) Explanation and breakout of other service agreements exists with identification number that uniquely extraordinary fringe benefit rates and other service providers, copies should identifies business entities. There is no associated charges (i.e., rates exceeding be provided. charge for obtaining a DUNS number 35% of salaries and wages), if necessary; (f) Proposed supportive service (although it may take 14–30 days). To (c) Explanation of the purpose and strategy for veterans: Describe how obtain a DUNS number, access the composition of, and method used to supportive service resources for following Web site: http:// derive the costs of each of the following: veterans will be obtained and used. If www.dunandbradstreet.com/ or call 1– travel, equipment, supplies, sub-grants/ resources are provided by other sources 866–705–5711. Requests for exemption contracts, and any other costs. The or linkages, such as Federal, State, local from the DUNS number requirement applicant must include costs of any or faith-based and community programs, must be made to OMB; and required travel described in this the applicant must fully explain the use c. Standard Form (SF) 424A ‘‘Budget Solicitation. Mileage charges may not of these resources and how they will be Information Sheet’’ in Appendix B; and exceed 36 cents per mile, or the current applied. If a Memoranda of d. A detailed cost break out of each federal rate; Understanding (MOU) or other service line item on the Budget Information (d) All associated costs, for retaining agreements exists with other service Sheet. Please label this page or pages the participant information pertinent to a providers, copies should be provided. ‘‘Budget Narrative’’ and ensure that follow-up survey, six (6) months after (g) Organizational capability to costs reported on the SF 424A the program performance period ends; provide required program activities: The correspond accurately with the Budget (e) Description/specification of and applicant’s relevant current or prior Narrative; and justification for equipment purchases, if experience in operating employment e. Direct Cost Description for any. Tangible, non-expendable, personal and training programs should be clearly Applicants and Sub-Applicants in property having a useful life of more described. A summary narrative of Appendix E. than one year and a unit acquisition cost

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of $5,000 or more per unit must be amount of funds should be reserved for having been applied and affixed by an specifically identified; and follow-up activities and closeout. employee of the U.S. Postal Service on (f) Identification of all sources of the date of mailing. Therefore applicants C. Optional Year Funding leveraged or matching funds and an should request that the postal clerk explanation of the derivation of the Should there be action by Congress to place a legible hand cancellation value of matching/in-kind services. If appropriate additional funds for this ‘‘bull’s-eye’’ postmark on both the resources/matching funds and/or the purpose, optional year funding may be receipt and the envelope or wrapper. value of in-kind contributions are made considered. The government does not, b. The only acceptable evidence to available please show in section B of the however, guarantee optional year establish the date of mailing of a late Budget Information Sheet. funding for any Grantee. Should VETS application sent by U.S. Postal Service (g) Complete the Survey on Ensuring decide that an optional year funding be Express Mail Next Day Service-Post Equal Opportunity for Applicants exercised, the Grantees’ performance Office to Addressee is the date entered (Appendix F). during the previous period of operations by the Post Office receiving clerk on the will be taken into consideration as ‘‘Express Mail Next Day Service-Post 3. Submission Dates and Times follows: Office to Addressee’’ label and the (Acceptable Methods of Submission) (1) The Grantee must meet at postmark on the envelope or wrapper The grant application package must minimum 85% of planned goals for and on the original receipt from the U.S. be received at the designated place by Federal expenditures, enrollments, and Postal Service. ‘‘Postmark’’ has the same the date and time specified or it will not placements in each quarter; and meaning as defined above. Therefore, be considered. Any application received (2) The Grantee must be in applicants should request that the postal at the Office of Procurement Services compliance with all terms identified in clerk place a legible hand cancellation after 4:45 p.m. e.s.t., January 21, 2004, the Solicitation for Grant Application ‘‘bull’s-eye’’ postmark on both the will not be considered unless it is (SGA) general and special provisions. receipt and the envelope or wrapper. received before the award is made and: (3) All program and fiscal reports c. The only acceptable evidence to A. It was sent by registered or must have been submitted by the establish the time of receipt at the U.S. certified mail not later than the fifth established due date and must be Department of Labor is the date/time calendar day before January 21, 2004; or verifiable for accuracy. stamp of the Procurement Services B. It was sent by U.S. Postal Service (4) All instructions for modifications Center on the application wrapper or Express Mail Next Day Service-Post and announcement of fund availability other documentary evidence or receipt Office to Addressee, not later than 5 will be issued at a later date. maintained by that office. Applications p.m. at the place of mailing two (2) D. Limitation on Indirect Costs sent by other delivery services, such as working days, excluding weekends and Federal Express, UPS, etc., will also be (1) Indirect costs claimed by the Federal holidays, prior to January 21, accepted. applicant must be based on a federally 2004; and d. All applicants are advised that U.S. approved rate. A copy of the negotiated C. It is determined by the government mail delivery in the Washington, DC approved, and signed indirect cost that the late receipt was due solely to area has been erratic due to the concerns negotiation agreement must be mishandling by the government after involving anthrax contamination. All submitted with the application. applicants must take this into receipt at the U.S. Department of Labor (2) If the applicant does not presently at the address indicated. consideration when preparing to meet have an approved indirect cost rate, a the application deadline, as you assume 4. Intergovernmental Review proposed rate with justification may be the risk for ensuring a timely submitted. Successful applicants will be N/A. submission, that is, if, because of these required to negotiate an acceptable and mail problems, the Department does not 5. Funding Restrictions allowable rate with the appropriate DOL receive an application or receives it too Regional Office of Cost Determination A. Funding Levels late to give proper consideration, even within 90 days of grant award. if it was timely mailed, the Department The total funding available for this (3) Indirect cost rates traceable and is not required to consider the solicitation is up to $1,000,000. It is trackable through the State Workforce application. anticipated that up to four (4) awards Agency’s Cost Accounting System will be made under this solicitation. represent an acceptable means of V. Application Review Information Awards are expected to range from allocating costs to DOL and, therefore, 1. Criteria $200,000 to a maximum of $250,000. can be approved for use in grants to The Department of Labor reserves the State Workforce Agencies. A. Applications will be reviewed by right to negotiate the amounts to be a DOL panel using the point scoring awarded under this competition. Please 6. Other Submission Requirements system specified below. Applications be advised that requests exceeding the a. The only acceptable evidence to will be ranked based on the score $250,000 will be considered non- establish the date of mailing of a late assigned by the panel after careful responsive. Further, there will not be application sent by registered or evaluation by each panel member. The reimbursement of pre-award costs. certified mail is the U.S. Postal Service ranking will be the primary basis to postmark on the envelope or wrapper identify applicants as potential B. Period of Performance and on the original receipt from the U.S. Grantees. Although the government The period of performance will be for Postal Service. If the postmark is not reserves the right to award on the basis twelve (12) months from date of award legible, an application received after the of the initial proposal submissions, the unless modified. It is expected that above closing time and date shall be government may establish a competitive successful applicants will begin processed as if mailed late. ‘‘Postmark’’ range and/or a minimum qualifying program operations under this means a printed, stamped or otherwise score, based upon the proposal solicitation on February 24, 2004. placed impression (not a postage meter evaluation, for the purpose of selecting Program funds must be obligated by machine impression) that is readily qualified applicants. The panel’s February 23, 2005; however, a limited identifiable without further action as conclusions are advisory in nature and

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not binding on the Grant Officer. The and informing the community of the Homeless Veteran Reintegration government reserves the right to ask for availability of other services; they are Programs (HVRP), Department of clarification or hold discussions, but is encouraged but not mandatory. Rather, Veterans’ Affairs (VA) services, not obligated to do so. The government the Grantee will have the flexibility to including its Health Care for Homeless further reserves the right to select attend service provider meetings, Veterans, Domiciliary Care, Regional applicants out of rank order if such a seminars, and conferences, to outstation Benefits Assistance Program, and selection would, in its opinion, result in staff, and to develop individual service Transitional Housing under Homeless the most effective and appropriate contracts as well as to involve other Provider Grant and per diem programs. combination of funding, program and agencies in program planning. The (3) Grantees will perform a administrative costs, e.g., cost per Grantee will be responsible for preliminary assessment of each enrollment and placement, providing project awareness, program participants’ eligibility for Department demonstration models, and geographic information, and orientation activities to of Veterans Affairs (DVA) service service areas. While points will not be the following: connected disability, compensation, awarded for cost issues, cost per entered (1) Direct providers of services to and/or pension benefits. As appropriate, employment will be given serious veterans and ex-offenders to include but grantees will work with the Veterans consideration in the selection of not be limited to inmate families, jail Service Organizations (VSO) or refer the awardees. The Grant Officer’s and prison ministry groups, shelter and participants to DVA in order to file a determination for award under SGA 04– soup kitchen operators to make them claim for compensation or pension. 01 is the final agency action. aware of the services available to Grantees will track progress of claim incarcerated veterans to make them job- B. Program Concept and Emphasis and report outcome in case management ready and to aid their placement into records. The Incarcerated Veterans Transition jobs. (4) Association with Veteran Service Program (IV–TP) pilot program grants (2) Federal, State and local Organizations such as the American under section 5 of the Homeless entitlement service such as the Social Legion, Disabled American Veterans, Veterans Comprehensive Assistance Act Security Administration (SSA), the Veterans of Foreign Wars, Vietnam (HVCAA) of 2001 are intended to Department of Veterans’ Affairs (VA), Veterans of America, and the American address two objectives, (1) To provide State Employment Security Agencies Veterans (AMVETS). services to assist in reintegrating (SESAs) and their local Job Service (5) Coordination with offender re- incarcerated veterans into meaningful offices, One-Stop Centers (which entry and transitional programs, such as employment within the labor force, and integrate WIA, Labor Exchange, and pre-release facilities, work/training (2) to stimulate the development of other employment and social services), release facilities, halfway houses, effective service delivery systems that mental health services, and healthcare community supervision, and will address the complex problems detoxification facilities to familiarize community justice offices. facing ex-offender veterans. The them with the nature and needs of Incarcerated Veterans Transition previously incarcerated veterans. (6) Referral as necessary to health Program (IV–TP) is designed to be (3) Civic and private sector groups in care, counseling and rehabilitative flexible in addressing the national, particular Veterans’ Service services, including, but not limited to: regional, and/or local issues that Organizations (VSOs), inmate family Alcohol and drug rehabilitation; prevent previously incarcerated support groups, job training and Therapeutic; Post Traumatic Stress veterans from reintegrating into the employment services, and community- Disorder; Mental Health Services; workforce. VETS in Fiscal Year (FY) based organizations (including faith- Coordinating with McKinney Homeless 2004 will seek applicants that provide based organizations) to portray Assistance Act (MHAA) Title VI direct services through a case previously incarcerated veterans and programs for health care for the management approach that networks their needs. homeless or health care programs under with Federal, State, and local resources the HVCAA. for veteran support programs that have D. Scope of Program Design (7) Referral to housing assistance, as clear strategies for employment and (1) Outreach, intake, assessment, peer appropriate, provided by: Local shelters; retention of the previously incarcerated. counseling to the degree practical, and Federal Emergency Management employment services. Outreach must be Administration (FEMA) food and shelter C. Community Awareness Activities provided in the subject correctional programs; Transitional housing In order to promote networking institutions. Program staff providing programs and single room occupancy between the program and local service outreach services should have housing programs funded under MHAA providers (and thereby eliminate gaps or experience in dealing with, and an Title IV (and under HVCAA); Permanent duplication in services and enhance the understanding of the needs of the housing programs for the handicapped provision of assistance to participants), incarcerated and/or ex-offender homeless funded under MHAA Title IV the Grantee must provide project veterans. Applicants proposing to use (and under HVCAA); and orientation workshops and/or program peer counselors who are themselves (8) Employment and training services awareness activities that it determines veterans will be awarded five (5) of the such as: Basic skills instruction; are the most feasible for the providers available points in the scoring criteria. Remedial education activities; Job listed below. Grantees are encouraged to (2) Coordination with veterans’ search activities, including job search demonstrate strategies for incorporating services programs, including Disabled workshops; Job counseling; Job small faith-based and community Veterans’ Outreach Program Specialists preparatory training, including resume organizations (defined as organizations (DVOPs), Local Veterans’ Employment writing and interviewing skills; with social services budgets of Representatives (LVERs) in the State Subsidized trial employment (Work approximately $300,000 or 7 or fewer Employment Security/Job Service Experience); On-the-Job Training; full-time employees) into their outreach Agencies (SESAs) or in the workforce Classroom Training; Job placement in plans. Project orientation workshops development system’s One-Stop unsubsidized employment, Placement conducted by Grantees have been an Centers, as well as Veterans’ Workforce follow-up services; and Services effective means of sharing information Investment Programs (VWIPs) and provided under WIA.

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E. Panel Review Criteria proposing to use peer counselors who are force. This discussion should specify themselves veterans will be awarded five (5) the provisions made to access (1) Need for the project: 15 points. of the available points in the scoring criteria. The applicant will document the need temporary, transitional, and permanent for this project, as demonstrated by: (a) (3) Quality and extent of linkages with housing for participants through the number of previously and/or current other providers of services to community resources, HUD, VA lease, incarcerated veterans in the proposed incarcerated veterans: 15 points. or other means. IV–TP funds may not be project area, (b) the rates of poverty and/ The application must provide used to purchase housing or vehicles. or unemployment in the proposed information on the quality and extent of F. Results-Oriented Model project area as determined by the census the linkages this program will have with or other surveys; and (c) the extent of other providers of services to benefit No specific model is mandatory, but the obstacles in the local infrastructure previously incarcerated veterans in the the applicant must design a program to effectively address the employment local community other than the IV-TP that is responsive to the needs of the barriers that characterize the target grant. For each service, the applicant local community, and achieves the population. must specify who the provider is, the objectives of the program—to (2) Overall strategy to reduce source of funding (if known), and the successfully reintegrate ex-offender recidivism by increasing employment type of linkages/referral system veterans into the workforce and and retention: 30 points. established or proposed. Describe, to the stimulate the development of effective The application must include a extent possible, how the project would service delivery systems that will description of the approach to providing be incorporated into the community’s address the complex problems facing comprehensive employment and continuum of care approach to respond ex-offender veterans. training services, including job training, to homelessness and show any linkages A data management system to assess job development, obtaining employer to HUD, HHS or VA programs that will ex-offenders is an important element of commitments to hire, placement, and be advantageous to the proposed this program. Data elements to be post-placement follow up services. program. considered for each program participant Applicants must address how they will (4) Demonstrated capability in include: health, employment and target occupations in emerging providing required program services disability status, demographics, industries. Supportive services provided including programmatically reporting veteran’s benefits usage, type of most as part of the strategy of promoting job and participant tracking: 25 points. recent criminal conviction, previous readiness and job retention must be The applicant must describe its criminal history, system entry and indicated. The applicant must identify relevant prior experience in operating discharge, length of time in the program the local services and sources of training employment and training programs and and recidivism measures. Factors to be to be used for participants. A providing services to participants considered by the review panel are: description of the relationship, if any, similar to those that are proposed under (1) Efficient and effective with other employment and training this solicitation. Specific outcomes communication between agencies programs such as SESAs (including previously achieved by the applicant (Department of Labor, Department of DVOP and LVER Programs), One-stops, must be described, such as job Veterans’ Affairs, state/local courts, VWIP, other WIA programs, and placements, benefits secured, network police, other service providers, etc.). Workforce Investment or Development coalitions, etc. The applicant must also (2) Effective assessment of costs, Boards or entities where in place, must address its capacity for timely startup of be specified. The application must also interventions offered and services the program, programmatic reporting, provided. include a description of the and participant tracking. The applicant relationship, if any, with correctional (3) Data standardization/ should describe its staff experience and compatibility. facilities or services to be involved with ability to manage the administrative, this project, at the institutional and/or programmatic and financial aspects of a (4) System flexibility, functionality, community levels. Applicant must grant program. Include a recent (within scalability and ease of use. indicate how the activities will be the last 12 months), financial statement (5) Reporting system design and tailored or responsive to the needs of or audit. Final or most recent technical modification. homeless veterans. A participant flow reports for other relevant programs must Under the Government Performance chart may be used to show the sequence be submitted if applicable. Because and Results Act (GPRA), Congress and and mix of services. prior grant experience is not a the public are looking for program Note: The applicant must complete the requirement for this grant, some results rather than program processes. chart of proposed program outcomes to applicants will not have any technical The suggested conceptual design of include participants served, placement/ reports to submit. the Incarcerated Veterans Transition entered employments and job retention. (See (5) Quality of Overall Housing Program (IV–TP) is shown in Figure 1. Appendix D). Of the 30 points possible in the Strategy: 15 points. strategy to increase employment and Definitions of the elements and retention, 5 points will be awarded to grant The application must demonstrate Incarcerated Veterans Transition proposals that demonstrate the ability to how the applicant proposes to obtain or Program (IV–TP) performance goals maintain a six-month employment retention access housing resources for veterans in follow. rate of 50 percent or greater. Applicants the program and entering the labor BILLING CODE 4910–79–P

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BILLING CODE 4910–79–C circumstances and other related housing and again upon obtaining Figure 1: IV–TP Concept Flowchart services. permanent housing. C. Direct placements into 1. Inreach: The process of providing 7. Enrollment in IV–TP: A client is recorded as having been enrolled when unsubsidized employment: direct veteran benefit information to inmates placement into unsubsidized in correctional facilities to facilitate the Intake Form has been completed, and either an Individual Support employment is a referral and placement incarcerated veterans attendance at pre- made by an IV–TP-funded staff member release transition workshops and/or System (ISS), Employment Development Plan (EDP) or Individual Employment (or DVOP/LVER at the One-Stop office assessment interviews. the participant was referred to) with an 2. Sign-up: Initial contact with Plan (IEP) has been developed with participant. Referral of participant to established employer who covers all individual inmates to provide employment costs for 20 or more hours additional information and collect One-Stop and copy of referral form to DVET (DVET ensures referral follow-up per week at or above the minimum information from inmates who express wage. Day labor and other very short- interest in the program. at One-Stop to obtain 30, 90, 180 day job progress report). There should be an term placements should not be recorded 3. Identification: Reviewing as placements into unsubsidized information provided by inmates who unduplicated count over the year: i.e., each participant is recorded only once, employment. completed the sign-up in step two. D. Assisted placements into 4. Verification: Verification of regardless of the number of times she or he receives assistance. Other elements unsubsidized employment: assisted information and eligibility of inmates placements into unsubsidized who expressed interest and are of enrollment/services provided which are counted include: employment should be recorded when attempting to sign up for the program. the definition for placement with 5. Notification of Workshops: Provide A. Referral to or receiving services unsubsidized employment above is met, Incarcerated Veterans Transition from the Department of Veterans’ but the placement was arranged by an Program (IV–TP) transition schedule Affairs. agency to which the IV–TP referred the and information to eligible veterans in B. Placement into transitional or homeless veteran, such as a One-Stop the incarcerated population. permanent housing: permanent housing Career Center. 6. Workshops: Addresses the should be recorded when a veteran E. Cost per placement: the cost per supportive services and employability served by the program upgrades his/her placement into unsubsidized and training needs of individuals before housing situation during the reporting employment is obtained by dividing the enrolling them in an IV–TP program. period from shelter/streets to total IV–TP funds expended by the total Includes an evaluation and/or transitional housing or permanent number of direct placements plus measurement of vocational interests and housing or from transitional housing to assisted placements. aptitudes, present abilities, previous permanent housing. Placements F. Number retaining job for 30 days: education and work experience, income resulting from referrals by IV–TP staff to be counted as retaining a job for 30 requirements, supportive service needs, shall be counted. This item is however days, continuous employment with one substance abuse treatment needs, an unduplicated count over the year, or more employers for at least 30 days counseling needs, temporary or except that a participant may be must be verified and the definition for transitional housing needs, personal counted once upon entering transitional either direct placement or assisted

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placement into unsubsidized receiving or enrolled in such services the employability of the individual and employment above is met. This allows during each quarter. Participants may be the individual’s enrollment into the clients who have moved into a position recorded more than once if they receive program. A determination should be with a different employer to be recorded more than one service. made as to whether the individual as retaining the job for 30 days as long L. Total planned expenditures (total would benefit from pre-employment as the client has been steadily employed funds requested): identification of preparation such as resume writing, job for that length of time. projected expenditures needed for each search workshops, related counseling G. Number retaining job for 90 days: fiscal quarter. and case management, or possibly an to be counted as retaining a job for 90 M. Administrative costs. initial entry into the job market through days, continuous employment with one Administrative costs shall consist of all temporary jobs. Additionally, sheltered or more employers for at least 90 days direct and indirect costs associated with work environments, classroom training must be verified, and the definition for the supervision and management of the and/or on-the-job training must be either placement or assisted placement program. These costs shall include the evaluated. Such services should be into unsubsidized employment above is administrative costs, both direct and noted in an Employability Development met. This allows clients who have indirect, of Sub-grantees and Plan to facilitate the staff’s successful moved into a position with a different contractors. monitoring of the plan. employer to be recorded as retaining the N. Participant services costs. This cost Entry into full-time employment or a job for 90 days as long as the client has includes supportive, training, or social specific job-training program should been steadily employed for that length rehabilitation services which will assist follow. Supportive services may assist of time. in stabilizing the participant. This the participant at this point or even H. Number retaining job for 180 days: category should reflect all costs other earlier. Job development is a crucial part to be counted as retaining a job for 180 than administrative. of the employability process and IV–TP days, continuous employment with one The outcome measurement participants will be referred to a One- or more employers for at least 180 days established for IV–TP grants is for Stop for career counseling and coaching. must be verified, and the definition for Grantees to meet a minimum entered Wherever possible, DVOP and LVER either placement or assisted placement employment rate of 56%, determined by staff must be utilized for job into unsubsidized employment above is dividing the number of entered development and placement activities met. This allows clients who have employments by the number of for veterans who are ready to enter moved into a position with a different enrollments. (These outcomes will be employment or who are in need of employer to be recorded as retaining the reported quarterly on Technical intensive case management services. job for 180 days as long as the client has Performance Goals Form, Appendix D.) Many of these staff members have been steadily employed for that length While entered employment is a viable received training in case management at of time. outcome, it will be necessary to measure the National Veterans’ Training Institute I. Rate of placement into unsubsidized results over a longer term to determine and have as a priority, assisting those employment: the rate of placement into the success of programs. most at a disadvantage in the labor unsubsidized employment is obtained The following program discussion market. VETS urges working hand-in- by dividing the number placed into must be considered in a results-oriented hand with DVOP/LVER staff to achieve unsubsidized employment plus the model. The first phase of activity must economies of resources. number of assisted placements into consist of the level of outreach The subsequent program discussion unsubsidized employment by the necessary to introduce the program to emphasizes the importance of tracking number of clients enrolled. eligible incarcerated veterans. This program participants. It begins with the J. Average hourly wage at placement: includes ‘‘inreach’’ into prisons and One-Stop referral and continues with the average hourly wage at placement is jails to find eligible veterans in the the 30, 90, and 180-day follow-up the average hourly wage rates at inmate population. Outreach also periods after entering employment to placement of all assisted placements includes establishing contact with other determine whether the veteran is in the plus direct placements. agencies that encounter ex-offender same or similar job. It is important that K. Employability development veterans. the Grantee maintain contact with the services. This includes services and After ‘‘inreach’’, the incarcerated veterans after placement to assure that activities that will develop or increase veteran must sign-up for enrollment into employment related problems are the employability of the participant. the program by assisting the Grantee in addressed. The 30, 90, and 180-day Includes vocational counseling, obtaining verification of eligibility for follow-ups are fundamental to assessing classroom and on-the-job training, pre- said program. The program operator the results of the program success. employment services (such as job may enroll participant in pre-release Grantees need to budget for this activity seeking skills and job search workshop (National Veterans’ Training so that follow-up can and will occur for workshops), temporary or trial Institute will provide a model if needed) those placed at or near the end of the employment, sheltered work then enroll in referral program outside grant performance period. Grantees, environments and other related services of facility or provide direct assessment prior to the end of the grant and activities. Planned services should and referral program outside of facility. performance period, must obligate funds assist the participant in addressing Once the eligible participants have to ensure that follow-up activities are specific barriers to employment and been identified, an assessment must be completed. Such results will be reported finding a job. These activities may be made of the individual’s abilities, in the final technical performance provided by the applicant or by a Sub- interests, needs, and barriers to report. grantee, contractor or another source employment. In some cases, participants such as the local Job Partnership may require referrals to services such as 2. Program Activity Process Training Act program or the DVOP rehabilitation, drug or alcohol treatment There are nine program activities that personnel or LVERs. Such services are or a temporary shelter before they can all applications should consider under not mandatory but entries should reflect be enrolled into core training. this SGA. Programs must be the services described in the application When the individual is ‘‘work ready’’, ‘‘employment focused’’ with emphasis and the expected number of participants the assessment should concentrate on on referral to counseling services to

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address employment barriers. These 2. Administrative and National Policy (7) 29 CFR parts 30, 31, 32, 33 and activities are: 36—Equal Employment Opportunity in A. Limitations on Administrative and a. Marketing and Inreach; Apprenticeship and Training; Indirect Costs b. Sign-up; Nondiscrimination in Federally- c. Identification; (1) Indirect costs claimed by the Assisted Programs of the Department of d. Verification; applicant must be based on a federally Labor, Effectuation of Title VI of the e. Notification of workshops and /or approved rate. A copy of the negotiated, Civil Rights Act of 1964; assessment interview; approved, and signed indirect cost Nondiscrimination on the Basis of f. Participation in pre-release negotiation agreement must be Handicap in Programs and Activities; workshop and or assessment interview; submitted with the application. and Nondiscrimination on the basis of g. Enrollment in IV–TP including ISS/ (2) If the applicant does not presently sex in Education programs receiving or EDP/IEP development; have an approved indirect cost rate, a benefiting from Federal Financial h. Referral to One-Stop/VA facility proposed rate with justification may be Assistance. and copy of the referral sent to DVET submitted. Successful applicants will be who assists the Program Operator by required to negotiate an acceptable and 3. Reporting compiling the Quarterly Report of allowable rate with the appropriate DOL The Grantee will submit the reports participants; Regional Office of Cost Determination and documents listed below: i. Referral to the State Veteran within 90 days of grant award. A. Financial Reports Program Coordinator (who ensures (3) Rates traceable and trackable participant referral follow-up within 30 through the State Workforce Agency’s The Grantee must report outlays, days and maintains 30, 90, and 180-day Cost Accounting System represent an program income, and other financial job progress reports). acceptable means of allocating costs to information on a quarterly basis using Note the program activities under the DOL and, therefore, can be approved for SF 269A, Financial Status Report, Short flowchart provided above. use in grants to State Workforce Form. This form will cite the assigned Agencies. grant number and be submitted to the 3. Anticipated Announcement and appropriate State Director for Veterans’ B. Administrative Standards and Award Employment and Training (DVET) no Provisions N/A. later than 30 days after the ending date Unless specifically provided in the of each Federal fiscal quarter (i.e., VI. Award Administration Information grant agreement, DOL’s acceptance of a October 30, January 30, April 30 and 1. Award Notices proposal and an award of Federal funds July 30) during the grant period. to sponsor any program(s) does not A. Notice that an organization has provide a waiver of any grant B. Program Reports been selected as a grant recipient does requirements and/or procedures. For Grantees must submit a Quarterly not constitute approval of the grant example, the OMB circulars require and Technical Performance Report 30 days application as submitted. Before the an entity’s procurement procedures after the end of each Federal fiscal actual grant award, VETS may enter into must provide that all procurement quarter to the DVET that contains the negotiations concerning such items as transactions will be conducted, as following: program components, funding levels, practical, to provide open and free (1) A comparison of actual and administrative systems. If the competition. If a proposal identifies a accomplishments to established goals negotiations do not result in an specific entity to provide the services, for the reporting period and any acceptable submittal, the Grant Officer the DOL award does not provide the findings related to monitoring efforts; reserves the right to terminate the justification or basis to sole-source the (2) An explanation for variances of negotiation and decline to fund the procurement, i.e., avoid competition. plus or minus 15% of planned program proposal. All grants will be subject to the and/or expenditure goals, to include: (i) B. A Post-Award conference will be following administrative standards and Identification of corrective action that held for those Grantees awarded FY provisions, if applicable: will be taken to meet the planned goals, 2004 IV–TP funds from the competition. (1) 29 CFR part 93—Lobbying. if required; and (ii) a timetable for It is expected to be held in February or (2) 29 CFR part 95—Uniform accomplishment of the corrective March 2004. At least two Administrative Requirements for Grants action. representatives must be present; a and Agreements with Institutions of financial and a program representative Higher Education, Hospitals, and other C. 90 Day Follow-Up Report are recommended. The site of the Post- Non-profit Organizations, and with The Grantee must submit no later Award conferences have not yet been Commercial Organizations. than 120 days after the grant determined, for planning and budgeting (3) 29 CFR part 96—Federal Standards performance expiration date a report purposes, please use five days and use for Audit of Federally Funded Grants, containing the following: Denver, Colorado as the conference site. Contracts and Agreements. (1) Financial Status Report (SF–269A) The conference will focus on providing (4) 29 CFR part 97—Uniform (copy to be provided following grant information and assistance on reporting, Administrative Requirements for Grants awards); and record keeping, and grant requirements, and Cooperative Agreements to State (2) Technical Performance Report— and also include best practices from and Local Governments. (Program Goals). past projects. Costs associated with (5) 29 CFR part 98—Federal standards attending this conference for up to two for Government-wide Debarment and D. Six (6) Month Follow-Up/Closeout Grantee representatives will be allowed Suspension (Nonprocurement) and Report as long as they were incurred in Government-wide Requirements for (1) Final Financial Status Report (SF– accordance with Federal travel Drug-Free Workplace (Grants). 269A); and regulations. Such costs must be charged (6) 29 CFR part 99—Audit of States, (2) Final Narrative Report as administrative costs and reflected in Local Governments, and Non-profit identifying—(a) the total combined the proposed budget. Organization. (directed/assisted) number of veterans

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placed during the entire grant period; VIII. Other Information negotiations do not result in an (b) the number of veterans still To be eligible for participation in the acceptable submittal, the Grant Officer employed after the 6 month follow-up Incarcerated Veterans Transition reserves the right to terminate the period; (c) if the veterans are still Program (IV–TP), a veteran must be negotiation and decline to fund the employed at the same or similar job, if within 18 months of release from a proposal. not what are the reasons; (d) if the participating correctional facility; a Signed in Washington, DC this 12th day of training received was applicable to jobs veteran is defined as follows: December, 2003. held; (e) wages at placement and during A. The term ‘‘veteran’’ means a person Lawrence J. Kuss, follow up period; (f) an explanation who served in the active military, naval, Grant Officer. regarding why those veterans placed or air service, and who was discharged during the grant, but not employed at or released there from under conditions Appendices the end of the follow up period, are not other than dishonorable. (Title 38 U.S.C. Appendix A: Application for Federal so employed; and (g) any 101(2)) Assistance SF Form 424 recommendations to improve the B. A veteran transitioning from Appendix B: Budget Information Sheet SF program. incarceration means a person, as 424A defined in A. above, who is within 18 Appendix C: Assurances and Certifications VII. Agency Contacts months of release from a correctional Signature Page institution or facility. Appendix D: Technical Performance Goals For questions concerning this Notice that an organization has been Form solicitation please contact: U.S. selected as a grant recipient does not Appendix E: Direct Cost Descriptions for Department of Labor, Procurement constitute approval of the grant Applicants and Sub-Applicants Services Center, 200 Constitution application as submitted. Before the Appendix F: Survey on Ensuring Equal Avenue, NW., Room N–5416, Attention: actual grant award, VETS may enter into Opportunity for Applicants Cassandra Willis, Reference SGA 04–01, negotiations concerning such items as Appendix G: Glossary of Terms Washington, DC 20210; Phone: (202) program components, funding levels, Appendix H: List of Common Acronyms 693–4570. and administrative systems. If the BILLING CODE 4910–79–P

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[FR Doc. 03–31201 Filed 12–19–03; 8:45 am] The Homestake facility is an inactive BILLING CODE 4510–79–C uranium recovery fuel cycle facility that is undergoing surface reclamation and groundwater remediation. Milestones for reclamation are outlined in the LIBRARY OF CONGRESS Homestake Source Material License SUA–1471 in condition 36A and B. Copyright Office Surface reclamation milestones are dependent on groundwater remediation [Docket No. 2003–4] at the site. Homestake proposes to extend the milestones due to active Notice of New Copyright Office Seal groundwater remediation activities. The previous seal used by the Groundwater remediation at the site is AGENCY: Copyright Office, Library of Copyright Office from January 1, 1978, under the oversight of the NRC per Congress. until December 31, 2003, will continue Source Material License SUA–1471 (10 to serve as an identifying mark of the CFR part 40) and the U.S. ACTION: Notice of New Copyright Office Copyright Office. Environmental Protection Agency (EPA) Seal. Dated: December 17, 2003. under the Comprehensive Marybeth Peters, Environmental Response Compensation SUMMARY: The Copyright Office of the Register of Copyrights. and Liability Act of 1980, as amended Library of Congress is adopting a new (CERCLA). A Memorandum of [FR Doc. 03–31475 Filed 12–19–03; 8:45 am] official seal to authenticate copyright Understanding dated December 14, registrations, certifications of BILLING CODE 1410–30–P 1993, outlines the NRC and EPA roles documents and other official in the clean-up of groundwater at the documents. This new seal will replace site. Surface reclamation activities are the seal used by the Copyright Office NUCLEAR REGULATORY under the oversight of the NRC. HMC COMMISSION since January 1, 1978. proposes to extend the reclamation [Docket No. 40–8903] milestones for the large tailings pile DATES: The new official seal will (LTP) and small tailings pile (STP) as become effective on January 1, 2004. Notice of Receipt of License follows: ADDRESSES: Office of the General Amendment Request From the LTP—Final radon barrier placement— Counsel, Copyright GC/I&R, PO Box Homestake Mining Company To top of pile from December 31, 2003, to 70400, Southwest Station, Washington, Request an Extension of Reclamation December 31, 2012. LTP—Erosion protection layer DC 20024–0400. Milestones for Its Grants, New Mexico Facility, and Opportunity To Request a placement—top of pile from September FOR FURTHER INFORMATION CONTACT: Hearing 30, 2004, to September 30, 2013. Robert Kasunic: (202) 707–8380. STP—Final radon barrier placement AGENCY: Nuclear Regulatory from December 31, 2012, to September SUPPLEMENTARY INFORMATION: Notice is Commission. 30, 2013. hereby given that, pursuant to section ACTION: Notice of consideration of STP—Erosion protection layer 701(c) of title 17 of the United States license and opportunity to request a placement from September 30, 2013, to Code, as enacted by Pub. L. 94–553 and hearing. December 31, 2013. amended by Pub. L. 105–304, the Corrective Action Plan completion Register of Copyrights has adopted a DATES: A request for a hearing must be from May 1, 2010, to December 31, new seal to authenticate all official filed within 30 days of the publication 2011. documents issued by the Copyright of this Federal Register notice. The NRC staff will review HMC’s request to extend reclamation Office. The new seal will become FOR FURTHER INFORMATION CONTACT: milestones with 10 CFR part 40, using effective on January 1, 2004, and all William von Till, Fuel Cycle Facilities NUREG–1620 Rev. 1, ‘‘Standard Review documents bearing this seal issued by Branch, Division of Fuel Cycle Safety Plan for the Review of a Reclamation the Copyright Office will be and Safeguards, Office of Nuclear Plan for Mill Tailings Sites Under Title authenticated and shall be judicially Material Safety and Safeguards, U.S. II of the Uranium Mill Tailings noticed. Nuclear Regulatory Commission, Radiation Control Act of 1978’’ and Washington, DC 20555–0001. The new Copyright Office seal is other applicable agency regulations and Telephone: (301) 415–6251; Fax: (301) circular and consists of a capital letter guidance. If the NRC approves HMC’s 415–5955; and/or by email: C in a circle with stylized representation request, the approval will be [email protected]. of an eagle and shield perched on the documented in an amendment to HMC’s lower limb of the C. The eagle and the SUPPLEMENTARY INFORMATION: license. The NRC staff will consult with C are depicted on a field of horizontal I. Introduction the EPA since the proposed milestones bands enclosed by the circle. This group included groundwater corrective action is encircled by the words ‘‘Seal of the The U. S. Nuclear Regulatory completion. Commission (NRC) has received, by United States Copyright Office’’ and the II. Opportunity To Request a Hearing date 1870 set in the Zealand Bold type letters dated October 28, 2003 font. A representation of the new seal is (ML033030501), and October 29, 2003 The NRC hereby provides notice that shown immediately below. (ML033040196), a request from this is a proceeding on an application Homestake Mining Company (HMC) for for an amendment of a license falling approval of a license amendment to within the scope of subpart L, ‘‘Informal Materials License SUA–1471 to extend Hearing Procedures for Adjudications in its reclamation milestones. Materials and Operator Licensing

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Proceedings’ of the NRC’s rules and particular reference to the factors set out to an October 21, 2003, notice of practice for domestic licensing in § 2.1205(h); consideration and opportunity for a proceedings in 10 CFR part 2. Pursuant (3) The requestor’s areas of concern hearing regarding a September 22, 2003, to § 2.1205(a), any person whose interest about the licensing activity that is the request from the United States Army to may be affected by this proceeding may subject matter of the proceeding; and amend its 10 CFR part 40 source file a request for a hearing in accordance (4) The circumstances establishing material license, which was published with § 2.1205(d). A request for a hearing that the request for a hearing is timely in the Federal Register on October 28, must be filed within 30 days of the in accordance with § 2.1205(d). 2003 (68 FR 61471). The requested publication of this Federal Register III. Further Information license amendment would create a five- notice. year renewable possession-only license The request for a hearing must be In accordance with 10 CFR 2.790 of for the Army’s Jefferson Proving Ground the NRC’s ‘‘Rules of Practice,’’ details filed with the Office of the Secretary, site. with respect to this action, including the either: The Presiding Officer in this application for amendment and (1) By delivery to the Rulemaking and proceeding is Administrative Judge supporting documentation, are available Adjudications Staff of the Office of the Alan S. Rosenthal. All correspondence, electronically for public inspection and Secretary of the Commission at One documents, and other materials shall be copying from the Publicly Available White Flint North, 11555 Rockville filed with Judge Rosenthal in Records (PARS) component of NRC’s Pike, Rockville, MD 20852, between accordance with 10 CFR 2.1203. His document system (ADAMS). ADAMS is 7:45 a.m. and 4:15 p.m., Federal address is: Alan S. Rosenthal, accessible from the NRC Web site at workdays; or Administrative Judge, Presiding Officer, http://www.nrc.gov/reading-rm/ (2) By mail or telegram addressed to Atomic Safety and Licensing Board adams.html. the Secretary, U.S. Nuclear Regulatory Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Dated in Rockville, Maryland, this 12th Commission, Washington, DC 20555– Attention: Rulemaking and day of December, 2003. 0001. Adjudications Staff. Because of For the Nuclear Regulatory Commission. Issued in Rockville, Maryland, this 16th continuing disruptions in the delivery William von Till, day of December, 2003. of mail to United States Government Project Manager, Fuel Cycle Facilities Branch, G. Paul Bollwerk, III, offices, it is requested that requests for Division of Fuel Cycle Safety and Safeguards, Chief Administrative Judge, Atomic Safety hearing also be transmitted to the Office of Nuclear Material Safety and and Licensing Board Panel. Safeguards. Secretary of the Commission, either by [FR Doc. 03–31423 Filed 12–19–03; 8:45 am] [FR Doc. 03–31426 Filed 12–19–03; 8:45 am] means of facsimile transmission to (301) BILLING CODE 7590–01–P 415–1101, or by email to BILLING CODE 7590–01–P [email protected]. In accordance with 10 CFR 2.1205(f), NUCLEAR REGULATORY NUCLEAR REGULATORY each request for a hearing must also be COMMISSION COMMISSION served, by delivering it personally or by [Docket Nos. 50–317 and 50–318] mail, to: [Docket No. 40–8838–MLA–2; ASLBP No. (1) The applicant, Homestake Mining 04–819–04–MLA] Calvert Cliffs Nuclear Power Plant, Company, 6719–D Academey Road, NE., United States Army; Jefferson Proving Inc.; Calvert Cliffs Nuclear Power Albuquerque, New Mexico 87109, Plant, Unit Nos. 1 and 2 Environmental Attention: Mr. Alan D. Cox; and Ground Site; Designation of Presiding Officer Assessment and Finding of No (2) The NRC staff, by delivery to the Significant Impact Office of the General Counsel, One Pursuant to delegation by the White Flint North, 11555 Rockville Commission, see 37 FR 28710 (Dec. 29, The U.S. Nuclear Regulatory Pike, Rockville, MD 20852, between 1972), and the Commission’s Commission (NRC or the Commission) 7:45 a.m. and 4:15 p.m., Federal regulations, see 10 CFR 2.1201, 2.1207, is considering issuance of an exemption workdays, or by mail addressed to the notice is hereby given that (1) a single from Title 10 of the Code of Federal Office of the General Counsel, U.S. member of the Atomic Safety and Regulations (10 CFR) Part 50, Appendix Nuclear Regulatory Commission, Licensing Board Panel is designated as E, Section IV.F.2.c for renewed Facility Washington, DC 20555. Because of Presiding Officer to rule on petitions for Operating Licenses Nos. DPR–53 and continuing disruptions in the delivery leave to intervene and/or requests for DPR–69, issued to Calvert Cliffs Nuclear of mail to United States government hearing; and (2) upon making the Power Plant, Inc. (CCNPPPI or the offices, it is requested that requests for requisite findings in accordance with 10 licensee), for operation of the Calvert hearing also be transmitted to the Office CFR 2.1205(h), the Presiding Officer Cliffs Nuclear Power Plant, Units Nos. 1 of the General Counsel, either by means will conduct an adjudicatory hearing in and 2, located in Calvert County, of facsimile transmission to (301) 415– the following proceeding: United States Maryland. Therefore, as required by 10 3725, or by email to Army, Jefferson Proving Ground Site, CFR 51.21, the NRC is issuing this [email protected]. Madison, Indiana, (Materials License environmental assessment and finding In addition to meeting other Amendment). of no significant impact. applicable requirements of 10 CFR part The hearing will be conducted Environmental Assessment 2 of the NRC’s regulations, a request for pursuant to 10 CFR part 2, subpart L, of a hearing filed by a person other than the Commission’s regulations, ‘‘Informal Identification of the Proposed Action an applicant must describe in detail: Hearing Procedures for Adjudications in The proposed action, as described in (1) The interest of the requestor; Materials and Operator Licensing the licensee’s application for a one-time (2) How that interest may be affected Proceedings.’’ This proceeding concerns exemption to the requirements of 10 by the results of the proceeding, a request for hearing submitted on CFR Part 50, Appendix E, Section F.2.c, including the reasons why the requestor November 26, 2003, by Save the Valley, dated November 24, 2003, would allow should be permitted a hearing, with Inc. The request was filed in response the licensee to reschedule the planned

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offsite full-participation emergency environmental impacts of the proposed NUCLEAR REGULATORY exercise from 2003 to 2004 and action and the alternative action are COMMISSION subsequent exercises would be similar. scheduled biennially from the year [Docket Nos. 50–254 and 50–265] Alternative Use of Resources 2003. Exelon Generation Company, LLC and The Need for the Proposed Action The action does not involve the use of Midamerican Energy Company; Quad Cities Nuclear Power Station, Units 1 The proposed exemption from 10 CFR any different resources than those and 2, Environmental Assessment and Part 50, Appendix E, Section IV.F.2.c is previously considered in the Final Finding of No Significant Impact needed because the planned full- Environmental Statement for the Calvert Cliffs Nuclear Power Plant (CCNPP) participation exercise scheduled for The Nuclear Regulatory Commission October 21, 2003, was not able to be dated April 1973 or the Final (NRC) is considering issuance of an performed. Preparation for Hurricane Environmental Impact Statement for exemption from 10 CFR 50.75(h)(2) for Isabel and subsequent recovery efforts licence renewal for the CCNPP dated Facility Operating License Nos. DPR–29 had consumed Maryland Emergency October 1999. and DPR–30, issued to Exelon Management Agency (MEMA) and other Agencies and Persons Consulted Generation Company, LLC (Exelon) and local and State agencies having a role MidAmerican Energy Company (MEC) under the Emergency Response Plan On December 4, 2003, the staff (the licensee), for operation of the Quad such that full-participation was not able consulted with the Maryland State Cities Nuclear Power Station, Units 1 to be performed. official, Richard McLean of the and 2, located in Rock Island County, Environmental Impacts of the Proposed Maryland Department of the Illinois. Therefore, as required by 10 Action Environment, regarding the CFR 51.21, the NRC is issuing this environmental impact of the proposed environmental assessment and finding The NRC has completed its evaluation of no significant impact. of the proposed action and concludes action. The State official had no that the proposed exemption will not comments. Environmental Assessment present an undue risk to the public Finding of No Significant Impact Identification of the Proposed Action health and safety. The details of the staff’s Safety Evaluation will be On the basis of the environmental The proposed is an exemption to the provided in the exemption that will be assessment, the NRC concludes that the requirements of 10 CFR 50.75(h)(2), as issued as part of the letter to the proposed action will not have a requested by MEC by letter dated licensee approving the exemption to the significant effect on the quality of the November 21, 2003. The proposed regulation. The action relates to the human environment. Accordingly, the action would exempt MEC from exercising of the emergency response NRC has determined not to prepare an compliance with requirements of the plan which has no effect on the environmental impact statement for the new regulation until MEC’s amended nuclear decommissioning trusts are operation of the facility. proposed action. The proposed action will not approved by the Illinois Commerce significantly increase the probability or For further details with respect to the Commission. proposed action, see the licensee’s letter consequences of accidents, no changes The Need for the Proposed Action are being made in the types, or amounts dated November 24, 2003. Documents of effluents that may be released off site, may be examined, and/or copied for a The proposed exemption from 10 CFR and there is no significant increase in fee, at the NRC’s Public Document 50.75(h)(2) is needed because MEC may occupational or public radiation Room (PDR), located at One White Flint not obtain approval of the amended exposure. Therefore, there are no North, 11555 Rockville Pike (first floor), nuclear decommissioning trusts from significant radiological environmental Rockville, Maryland. Publicly available the Illinois Commerce Commission impacts associated with the proposed records will be accessible electronically prior to December 24, 2003. action. from the Agencywide Documents Environmental Impacts of the Proposed In regard to potential nonradiological Access and Management System Action impacts, the proposed action does not (ADAMS) Public Electronic Reading The NRC has completed its safety have a potential to affect any historic Room on the Internet at the NRC Web evaluation of the proposed action and sites. It does not affect nonradiological site, http://www.nrc.gov/reading-rm/ concludes that the proposed exemption plant effluents and has no other adams.html. Persons who do not have environmental impact. Therefore, there will not present an undue risk to the access to ADAMS or who encounter public health and safety. The details of are no significant nonradiological problems in accessing the documents environmental impacts associated with the staff’s safety evaluation will be located in ADAMS, should contact the provided in the exemption that will be the proposed action. NRC PDR Reference staff by telephone Accordingly, the NRC concludes that issued as part of the letter to the MEC there are no significant environmental at 1–800–397–4209 or 301–415–4737, or approving the exemption to the impacts associated with the proposed by e-mail to [email protected]. regulation. action. Dated at Rockville, Maryland, this 16th day The proposed action will not of December 2003. significantly increase the probability or Environmental Impacts of the For the Nuclear Regulatory Commission. consequences of accidents. No changes Alternatives to the Proposed Action are being made in the types of effluents Richard J. Laufer, As an alternative to the proposed that may be released offsite. There is no action, the staff considered denial of the Chief, Section 1, Project Directorate I, Division significant increase in the amount of proposed action (i.e., the ‘‘no-action’’ of Licensing Project Management, Office of any effluent released offsite. There is no alternative). Denial of the application Nuclear Reactor Regulation. significant increase in occupational or would result in no change in current [FR Doc. 03–31424 Filed 12–19–03; 8:45 am] public radiation exposure. Therefore, environmental impacts. The BILLING CODE 7590–01–P there are no significant radiological

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environmental impacts associated with Room on the NRC Web site, http:// National Environmental Policy Act the proposed action. www.nrc.gov/reading-rm/adams.html. (NEPA). With regard to potential non- Persons who do not have access to In accordance with 10 CFR 51.53(c) radiological impacts, the proposed ADAMS or who encounter problems in and 10 CFR 54.23, Entergy submitted action does not have a potential to affect accessing the documents located in the ER as part of the application. The ER any historic sites. It does not affect non- ADAMS should contact the NRC PDR was prepared pursuant to 10 CFR part radiological plant effluents and has no Reference staff at 1–800–397–4209, or 51 and is available for public inspection other environmental impact. Therefore, 301–415–4737, or send an e-mail to at the NRC Public Document Room there are no significant non-radiological [email protected]. (PDR), located at One White Flint North, environmental impacts associated with Dated in Rockville, Maryland, this 15th 11555 Rockville Pike (first floor), the proposed action. day of December, 2003. Rockville, Maryland, 20852 or from the Accordingly, the NRC concludes that For the Nuclear Regulation Commission. Publicly Available Records component there are no significant environmental Lawrence W. Rossbach, of NRC’s Agencywide Documents impacts associated with the proposed action. Project Manager, Project Directorate III, Access and Management System Division of Licensing Project Management, (ADAMS). ADAMS is accessible at Environmental Impacts of the Office of Nuclear Reactor Regulation. http://www.nrc.gov/reading-rm/ Alternatives to the Proposed Action [FR Doc. 03–31425 Filed 12–19–03; 8:45 am] adams.html, which provides access As an alternative to the proposed BILLING CODE 7590–01–P through the NRC’s Public Electronic action, the staff considered denial of the Reading Room (PERR) link. Persons who proposed action (i.e., the ‘‘no-action’’ do not have access to ADAMS, or who alternative). Denial of the application NUCLEAR REGULATORY encounter problems in accessing the would result in no change in current COMMISSION documents located in ADAMS, should environmental impacts. The [Docket No. 50–368] contact the NRC’s PDR Reference staff at environmental impacts of the proposed 1–800–397–4209, or 301–415–4737, or action and the alternative action are Entergy Operations, Inc., Arkansas by e-mail to [email protected]. The similar. Nuclear One, Unit 2; Notice of Intent To application may also be viewed on the Prepare an Environmental Impact Internet at http://www.nrc.gov/reactors/ Alternative Use of Resources Statement and Conduct Scoping operating/licensing/renewal/ The action does not involve the use of Process applications/ano-2.html. In addition, any different resources than those the Ross Pendergraft Library at Arkansas previously considered in the Final Entergy Operations, Inc. (Entergy) has Tech University, located at 305 West Q Environmental Statement for the Quad submitted an application for renewal of Street, Russellville, Arkansas, 72801 has Cities Power Station, Units 1 and 2 Facility Operating License NPF–6 for an agreed to make the ER available for dated September 1972 and the draft additional 20 years of operation at public inspection. Supplemental Environmental Impact Arkansas Nuclear One, Unit 2 (ANO–2). ANO–2 is located in Pope County, This notice advises the public that the Statement (NUREG–1437 Supplement NRC intends to gather the information 16) dated November 2003. Arkansas, approximately 6 miles west- northwest of Russellville, Arkansas. The necessary to prepare a plant-specific Agencies and Persons Consulted operating license for ANO–2 expires on supplement to the Commission’s ‘‘Generic Environmental Impact On December 10, 2003, the staff July 17, 2018. The application for Statement (GEIS) for License Renewal of consulted with the Illinois State official, renewal was received on October 15, Nuclear Plants,’’ (NUREG–1437) in Frank Niziiolek, of the Illinois 2003, pursuant to 10 CFR part 54. A support of the review of the application Emergency Management Agency, notice of receipt and availability of the for renewal of the ANO–2 operating regarding the environmental impact of application, including the license for an additional 20 years. the proposed action. The State official environmental report (ER), was Possible alternatives to the proposed had no comments. published in the Federal Register on October 24, 2003 (68 FR 61020). A action (license renewal) include no Finding of No Significant Impact notice of acceptance for docketing and action and reasonable alternative energy On the basis of the environmental notice of opportunity for hearing sources. Section 51.95 of 10 CFR assessment, the NRC concludes that the regarding renewal of the facility requires that the NRC prepare a proposed action will not have a operating license was published in the supplement to the GEIS in connection significant effect on the quality of the Federal Register on November 24, 2003 with the renewal of an operating human environment. Accordingly, the (68 FR 65963). The purpose of this license. This notice is being published NRC has determined not to prepare an notice is to inform the public that the in accordance with the National environmental impact statement for the U.S. Nuclear Regulatory Commission Environmental Policy Act (NEPA) and proposed action. (NRC) will be preparing an the NRC’s regulations found in 10 CFR For further details with respect to the environmental impact statement (EIS) in part 51. proposed action, see the licensee’s letter support of the review of the license The NRC will first conduct a scoping dated November 21, 2003. Documents renewal application and to provide the process for the supplement to the GEIS may be examined, and/or copied for a public an opportunity to participate in and, as soon as practicable thereafter, fee, at the NRC’s Public Document the environmental scoping process, as will prepare a draft supplement to the Room (PDR), located at One White Flint defined in 10 CFR 51.29. In addition, as GEIS for public comment. Participation North, 11555 Rockville Pike (first floor), outlined in 36 CFR 800.8, ‘‘Coordination in the scoping process by members of Rockville, Maryland. Publicly available with the National Environmental Policy the public and local, State, Tribal, and records will be accessible electronically Act,’’ the NRC plans to coordinate Federal government agencies is from the Agencywide Documents compliance with section 106 of the encouraged. The scoping process for the Access and Management System National Historic Preservation Act in supplement to the GEIS will be used to (ADAMS) Public Electronic Reading meeting the requirements of the accomplish the following:

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a. Define the proposed action which parties. The first session will convene at Rockville, Maryland, 20852 from 7:30 is to be the subject of the supplement to 1:30 p.m. and will continue until 4:30 a.m. to 4:15 p.m. during Federal the GEIS. p.m., as necessary. The second session workdays. To be considered in the b. Determine the scope of the will convene at 7 p.m. with a repeat of scoping process, written comments supplement to the GEIS and identify the the overview portions of the meeting should be postmarked by February 20, significant issues to be analyzed in and will continue until 10 p.m., as 2004. Electronic comments may be sent depth. necessary. Both meetings will be by e-mail to the NRC at c. Identify and eliminate, from transcribed and will include (1) an [email protected]. Electronic detailed study, those issues that are overview by the NRC staff of the NEPA submissions should be sent no later peripheral or that are not significant. environmental review process, the than February 20, 2004, to be proposed scope of the supplement to the d. Identify any environmental considered in the scoping process. GEIS, and the proposed review assessments and other EISs that are Comments will be available being or will be prepared that are schedule; and (2) the opportunity for interested government agencies, electronically and accessible through related to, but are not part of the scope the NRC’s PERR link at http:// of the supplement to the GEIS being organizations, and individuals to submit www.nrc.gov/reading-rm/adams.html. considered. comments or suggestions on the e. Identify other environmental environmental issues or the proposed Participation in the scoping process review and consultation requirements scope of the supplement to the GEIS. for the supplement to the GEIS does not related to the proposed action. Additionally, the NRC staff will host entitle participants to become parties to f. Indicate the relationship between informal discussions one hour before the proceeding to which the supplement the timing of the preparation of the the start of each session at the Holiday to the GEIS relates. Notice of environmental analyses and the Inn. No comments on the proposed opportunity for a hearing regarding the Commission’s tentative planning and scope of the supplement to the GEIS renewal application was the subject of decision-making schedule. will be accepted during the informal the aforementioned Federal Register discussions. To be considered, g. Identify any cooperating agencies notice (68 FR 65963). Matters related to comments must be provided either at and, as appropriate, allocate participation in any hearing are outside assignments for preparation and the transcribed public meetings or in writing, as discussed below. Persons the scope of matters to be discussed at schedules for completing the may register to attend or present oral this public meeting. supplement to the GEIS to the NRC and comments at the meetings on the scope any cooperating agencies. At the conclusion of the scoping of the NEPA review by contacting Mr. h. Describe how the supplement to process, the NRC will prepare a concise Thomas J. Kenyon, by telephone at 1– the GEIS will be prepared, and include summary of the determination and 800–368–5642, extension 1120, or by e- any contractor assistance to be used. conclusions reached, including the mail to the NRC at [email protected] no The NRC invites the following entities significant issues identified, and will later than January 28, 2004. Members of send a copy of the summary to each to participate in the scoping process: the public may also register to speak at a. The applicant, Entergy Operations, participant in the scoping process. The the meeting within 15 minutes of the summary will also be available for Inc. start of each session. Individual oral inspection through the PERR link. The b. Any Federal agency that has comments may be limited by the time staff will then prepare and issue for jurisdiction by law or special expertise available, depending on the number of with respect to any environmental persons who register. comment the draft supplement to the impact involved, or that is authorized to Members of the public who have not GEIS, which will be the subject of develop and enforce relevant registered may also have an opportunity separate notices and separate public environmental standards. to speak, if time permits. Public meetings. Copies will be available for c. Affected State and local comments will be considered in the public inspection at the above- government agencies, including those scoping process for the supplement to mentioned addresses, and one copy per authorized to develop and enforce the GEIS. Mr. Kenyon will need to be request will be provided free of charge. relevant environmental standards. contacted no later than January 28, After receipt and consideration of the d. Any affected Indian tribe. 2004, if special equipment or comments, the NRC will prepare a final e. Any person who requests or has accommodations are needed to attend or supplement to the GEIS, which will also requested an opportunity to participate present information at the public be available for public inspection. in the scoping process. meeting, so that the NRC staff can Information about the proposed f. Any person who intends to petition determine whether the request can be action, the supplement to the GEIS, and for leave to intervene. accommodated. the scoping process may be obtained In accordance with 10 CFR 51.26, the Members of the public may send from Mr. Kenyon at the aforementioned scoping process for an EIS may include written comments on the environmental a public scoping meeting to help scope of the ANO–2 license renewal telephone number or e-mail address. identify significant issues related to a review to the Chief, Rules and Dated at Rockville, Maryland, this 17th day proposed activity and to determine the Directives Branch, Division of of December 2003. scope of issues to be addressed in an Administrative Services, Office of For the Nuclear Regulatory Commission EIS. The NRC has decided to hold Administration, Mailstop T–6D59, U.S. Pao-Tsin Kuo, public meetings for the ANO–2 license Nuclear Regulatory Commission, Program Director, License Renewal and renewal supplement to the GEIS. The Washington, DC 20555–0001, and Environmental Impacts Program, Division of scoping meetings will be held at the should cite the publication date and Regulatory Improvement Programs,Office of Holiday Inn, 2407 North Arkansas, page number of this Federal Register Nuclear Reactor Regulation. Russellville, Arkansas, on Tuesday, notice. Comments may also be delivered [FR Doc. 03–31568 Filed 12–19–03; 8:45 am] February 3, 2004. There will be two to the NRC, Room T–6D59, Two White sessions to accommodate interested Flint North, 11545 Rockville Pike, BILLING CODE 7590–01–P

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NUCLEAR REGULATORY NUCLEAR REGULATORY SUMMARY: This gives a consolidated COMMISSION COMMISSION notice of all positions excepted under Schedules A, B, and C as of June 30, Advisory Committee on Reactor Advisory Committee on Reactor 2003, as required by Civil Service Rule Safeguards Safeguards Subcommittee Meeting on VI, Exceptions from the Competitive Future Plant Designs; Notice of Service. Subcommittee Meeting on Thermal- Meeting SUPPLEMENTARY INFORMATION: Civil Hydraulic Phenomena; Notice of The ACRS Subcommittee on Future Service Rule VI (5 CFR 6.1) requires the Meeting Plant Designs will hold a meeting on Office of Personnel Management (OPM) January 13, 2004, Room T–2B3, 11545 to publish notice of all exceptions The ACRS Subcommittee on Thermal- Rockville Pike, Rockville, Maryland. granted under Schedules A, B, and C. Hydraulic Phenomena will hold a The entire meeting will be open to Title 5, Code of Federal Regulations, meeting on January 14–15, 2004, Room public attendance. § 213.103(c), further requires that a T–2B3, 11545 Rockville Pike, Rockville, The agenda for the subject meeting consolidated listing, current as of June Maryland. shall be as follows: 30 of each year, be published annually Portions of the meeting may be closed Tuesday, January 13, 2004—8:30 a.m. as a notice in the Federal Register. That to public attendance to discuss General until the conclusion of business. notice follows. OPM maintains Electric (GE) proprietary information The purpose of this meeting is to continuing information on the status of per 5 U.S.C. 552b(c)(4). discuss the ACR–700 design features all Schedule A, B, and C excepted The agenda for the subject meeting and the related pre-application reviews. appointing authorities. Interested The Subcommittee will hear parties needing information about shall be as follows: presentations by and hold discussions specific authorities during the year may Wednesday and Thursday, January with representatives of the NRC staff, obtain information by writing to the 14–15, 2004—8:30 a.m. until the AECL Technologies Inc., and other Division for Human Resources Products conclusion of business. interested persons regarding this matter. and Services, Office of Personnel The Subcommittee will review the The Subcommittee will gather Management, 1900 E Street, NW., Room staff draft SER on the use of the TRAC– information, analyze relevant issues and 2469, Washington, DC 20415, or by G computer code to perform analyses of facts, and formulate proposed positions calling (202) 606–2575. the Economic Simplified Boiling Water and actions, as appropriate, for The following exceptions were Reactor (ESBWR). The Subcommittee deliberation by the full Committee. current on June 30, 2003: will hear presentations by and hold Members of the public desiring to provide oral statements and/or written Schedule A discussions with representatives of comments should notify the Designated General Electric and the NRC staff Section 213.3102 Entire Executive Federal Official, Dr. Medhat M. El- Civil Service regarding this matter. The Zeftawy (telephone 301–415–6889) (a) Positions of Chaplain and Subcommittee will gather information, between 7:30 a.m. and 5 p.m. (e.t.) five Chaplain’s Assistant. analyze relevant issues and facts, and days prior to the meeting, if possible, so formulate proposed positions and that appropriate arrangements can be (b) (Reserved). actions, as appropriate, for deliberation made. Electronic recordings will be (c) Positions to which appointments by the full Committee. permitted. are made by the President without confirmation by the Senate. Members of the public desiring to Further information regarding this (d) Attorneys. provide oral statements and/or written meeting can be obtained by contacting (e) Law clerk trainee positions. comments should notify the Designated the Designated Federal Official between Appointments under this paragraph Federal Official, Mr. Ralph Caruso 7:30 a.m. and 5 p.m. (e.t.). Persons shall be confined to graduates of (Telephone: 301–415–1813) five days planning to attend this meeting are recognized law schools or persons prior to the meeting, if possible, so that urged to contact the above named individual at least two working days having equivalent experience and shall appropriate arrangements can be made. be for periods not to exceed 14 months Electronic recordings will be permitted prior to the meeting to be advised of any potential changes to the agenda. pending admission to the bar. No person only during those portions of the shall be given more than one meeting that are open to the public. Dated: December 12, 2003. appointment under this paragraph. Further information regarding this Sher Bahadur, However, an appointment that was meeting can be obtained by contacting Associate Director for Technical Support, initially made for less than 14 months the Designated Federal Official between ACRS/ACNW. may be extended for not to exceed 14 7:30 a.m. and 4:15 p.m. (e.t.). Persons [FR Doc. 03–31422 Filed 12–19–03; 8:45 am] months in total duration. planning to attend this meeting are BILLING CODE 7590–01–P (f) (Reserved). urged to contact the above named (g) (Reserved). individual at least two working days (h) Positions in Federal mental prior to the meeting to be advised of any OFFICE OF PERSONNEL institutions when filled by persons who potential changes to the agenda. MANAGEMENT have been patients of such institutions and have been discharged and are Dated: December 15, 2003. Excepted Service; Consolidated certified by an appropriate medical Howard J. Larson, Listing of Schedules; A, B, and C authority thereof as recovered Acting Associate Director for Technical Exceptions sufficiently to be regularly employed Support, ACRS/ACNW. AGENCY: Office of Personnel but it is believed desirable and in the [FR Doc. 03–31421 Filed 12–19–03; 8:45 am] Management. interest of the persons and the institution that they be employed at the BILLING CODE 7590–01–P ACTION: Notice. institution.

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(i) Temporary and less-than-full time condition of their National Guard provision shall not exceed 130 working positions for which examining is employment; days a year. impracticable. These are: (ii) Executive branch employees (p)–(q) (Reserved). (1) Positions in remote/isolated (other than employees of intelligence (r) Positions established in support of locations where examination is agencies) who are entitled to placement fellowship and similar programs that are impracticable. A remote/isolated under § 353.110 but who are not eligible filled from limited applicant pools and location is outside of the local for reinstatement or noncompetitive operate under specific criteria commuting area of a population center appointment under the provisions of developed by the employing agency from which an employee can reasonably part 315 of this chapter. and/or a non-Federal organization. be expected to travel on short notice (iii) Legislative and judicial branch These programs may include: internship under adverse weather and/or road employees and employees of the or fellowship programs that provide conditions which are normal for the intelligence agencies defined in 5 U.S.C. developmental or professional area. For this purpose, a population 2302(a)(2)(C)(ii) who are entitled to experiences to individuals who have center is a town with housing, schools, placement assistance under § 353.110. completed their formal education; health care, stores and other businesses (2) Employees excluded. Employees training and associate ship programs in which the servicing examining office who were last employed in Schedule C designed to increase the pool of can schedule tests and/or reasonably or under a statutory authority that qualified candidates in a particular expect to attract applicants. An specified the employee served at the occupational specialty; professional/ individual appointed under this discretion, will, or pleasure of the industry exchange programs that authority may not be employed in the agency are not eligible for appointment provide for a cross-fertilization between same agency under a combination of under this authority. the agency and the private sector to this and any other appointment to (3) Position to which appointed. foster mutual understanding, an positions involving related duties and Employees who are entitled to exchange of ideas, or to bring requiring the same qualifications for placement under § 353.110 will be experienced practitioners to the agency; more than 1,040 working hours in a appointed to a position that OPM residency programs through which service year. Temporary appointments determines is equivalent in pay and participants gain experience in a under this authority may be extended in grade to the one the individual left, Federal clinical environment; and 1-year increments, with no limit on the unless the individual elects to be placed programs that require a period of number of such extensions, as an in a position of lower grade or pay. Government service in exchange for exception to the service limits in National Guard Technicians whose educational, financial or other § 213.104. eligibility is based upon a disability may assistance. Appointment under this (2) Positions for which a critical be appointed at the same grade, or authority may not exceed 4 years. hiring needs exists. This includes both equivalent, as their National Guard (s) Positions with compensation fixed short-term positions and continuing Technician position or at any lower under 5 U.S.C. 5351–5356 when filled positions that an agency must fill on an grade for which they are available. by student-employees assigned or interim basis pending completion of (4) Conditions of appointment. (i) attached to Government hospitals, competitive examining, clearances, or Individuals whose placement eligibility clinics or medical or dental laboratories. other procedures required for a longer is based on an appointment without Employment under this authority may appointment. Appointments under this time limit will receive appointments not exceed 4 years. authority may not exceed 30 days and without time limit under this authority. (t) Positions when filled by mentally may be extended up to an additional 30 These appointees may be reassigned, retarded persons who have been days if continued employment is promoted, or demoted to any position certified by state vocational essential to the agency’s operations. The within the same agency for which they rehabilitation agencies as likely to appointments may not be used to extend qualify. succeed. Upon completion of 2 years of the service limit of any other appointing (ii) Individuals who are eligible for satisfactory service under this authority, authority. An agency may not employ placement under § 353.110 based on a the employee may qualify for the same individual under this authority time-limited appointment will be given conversion to competitive status under for more than 60 days in any 12-month appointments for a time period equal to the provisions of Executive Order 12125 period. the unexpired portion of their previous and implementing instruction issued by (3) Other positions for which OPM appointment. the Office. determines that examining is (k) Positions without compensation (u) Positions when filled by severely impracticable. provided appointments thereto meet the physically handicapped persons who: (j) Positions filled by current or requirements of applicable laws relating (1) under a temporary appointment have former Federal employees eligible for to compensation. demonstrated their ability to perform placement under special statutory (l) Positions requiring the temporary the duties satisfactorily; or provisions. Appointments under this or intermittent employment of (2) have been certified by counselors authority are subject to the following professional, scientific, and technical of State vocational rehabilitation conditions: experts for consultation purposes. agencies or the Veterans Administration (1) Eligible employees. (i) Persons (m) (Reserved). as likely to succeed in the performance previously employed as National Guard (n) Any local physician, surgeon, or of the duties. Upon completion of 2 Technicians under 32 U.S.C. 709(a) who dentist employed under contract or on years of satisfactory service under this are entitled to placement under a part-time or fee basis. authority, the employee may qualify for § 353.110 of this chapter, or who are (o) Positions of a scientific, conversion to competitive status under applying for or receiving an annuity professional or analytical nature when the provisions of Executive Order 12125 under the provisions of 5 U.S.C. 8337(h) filled by bona fide members of the and implementing regulations issued by or 5 U.S.C. 8456 by reason of a disability faculty of an accredited college or OPM. that disqualifies them from membership university who have special (v)–(w) (Reserved). in the National Guard or from holding qualifications for the positions to which (x) Positions for which a local the military grade required as a appointed. Employment under this recruiting shortage exists when filled by

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inmates of Federal, District of Columbia, extended with OPM approval for up to (h) Bureau of Administration. (1) One and State (including the Commonwealth 1 additional year. Upon completion of 2 Presidential Travel Officer. No new of Puerto Rico, the Virgin Islands, years of satisfactory service under this appointments may be made under this Guam, American Samoa, and the Trust authority, the employee may qualify for authority after June 11, 1981. Territory of the Pacific Islands) penal conversion to competitive appointment (2) One position of the Director, Art and correctional institutions under under the provisions of Executive Order in Embassies Program, GM–1001–15. work-release programs authorized by 12364, in accordance with requirements the Prisoner Rehabilitation Act of 1965, published in the Federal Personnel Section 213.3105 Department of the the District of Columbia Work Release Manual. Treasury Act, or under work-release programs (jj–kk) (Reserved). (a) Office of the Secretary. (1) Not to authorized by the States. Initial (ll) Positions as needed of readers for exceed 20 positions at the equivalent of appointments under this authority may blind employees, interpreters for deaf GS–13 through GS–17 to supplement not exceed 1 year. An initial employees and personal assistants for permanent staff in the study of complex appointment may be extended for one or handicapped employees, filled on a full- problems relating to international more periods not to exceed 1 additional time, part-time, or intermittent basis. financial, economic, trade, and energy year each upon a finding that the inmate Section 213.3103 Executive Office of policies and programs of the is still in a work-release status and that the President Government, when filled by individuals a local recruiting shortage still exists. with special qualifications for the No person may serve under this (a) Office of Administration. (1) Not to particular study being undertaken. exceed 75 positions to provide authority longer than 1 year beyond the Employment under this authority may administrative services and support to date of that person’s release from not exceed 4 years. custody. the White House office. (b) Office of Management and Budget. (2) Not to exceed 20 positions, which (y) (Reserved). will supplement permanent staff (z) Not to exceed 30 positions of (1) Not to exceed 15 positions at grades GS–5/15. involved in the study and analysis of assistants to top-level Federal officials complex problems in the area of when filled by persons designated by (c) Council on Environmental Quality. (1) Professional and technical positions domestic economic and financial policy. the President as White House Fellows. Employment under this authority may (aa) Scientific and professional in grades GS–9 through 15 on the staff of the Council. not exceed 4 years. research associate positions at GS–11 (3) Not to exceed 50 positions in the and above when filled on a temporary (d)–(f) (Reserved). (g) National Security Council. (1) All Office of the Under Secretary basis by persons having a doctoral positions on the staff of the Council. (Enforcement). degree in an appropriate field of study (h) Office of Science and Technology (b) U.S. Customs Service. (1) Positions for research activities of mutual interest Policy. (1) Thirty positions of Senior in foreign countries designated as to appointees and their agencies. Policy Analyst, GS–15; Policy Analyst, ‘‘interpreter-translator’’ and ‘‘special Appointments are limited to persons GS–11/14; and Policy Research employees,’’ when filled by referred by the National Research Assistant, GS–9, for employment of appointment of persons who are not Council under its post-doctoral research anyone not to exceed 5 years on projects citizens of the United States; and associate program, may not exceed 2 of a high priority nature. positions in foreign countries of years, and are subject to satisfactory (i) Office of National Drug Control messenger and janitor. outcome of evaluation of the associate’s Policy. (1) Not to exceed 15 positions, (2)–(5) (Reserved). research during the first year. GS–15 and below, of senior policy (6) Three hundred positions of (bb) Positions when filled by aliens in analysts and other personnel with Criminal Investigator for special the absence of qualified citizens. expertise in drug-related issues and/or assignments and 10 positions for Appointments under this authority are technical knowledge to aid in anti-drug oversight policy and direction of subject to prior approval of OPM except abuse efforts. sensitive law enforcement activities. when the authority is specifically included in a delegated examining Section 213.3104 Department of State (7)–(8) (Reserved). (9) Not to exceed 25 positions of agreement with OPM. (a) Office of the Secretary. (1) All Customs Patrol Officers in the Papago (cc)–(ee) (Reserved). positions, GS–15 and below, on the staff Indian Agency in the State of Arizona (ff) Not to exceed 25 positions when of the Family Liaison Office, Director when filled by the appointment of filled in accordance with an agreement General of the Foreign Service and the persons of one-fourth or more Indian between OPM and the Department of Director of Personnel, Office of the blood. Justice by persons in programs Under Secretary for Management. administered by the Attorney General of (2) One position of Museum Curator (d) Office of Thrift Supervision. (1) All the United States under Public Law 91– (Arts), in the Office of the Under positions in the supervision policy and 452 and related statutes. A person Secretary for Management, whose supervision operations functions of appointed under this authority may incumbent will serve as Director, OTS. No new appointments may be continue to be employed under it after Diplomatic Reception Rooms. No new made under this authority after he/she ceases to be in a qualifying appointments may be made after December 31, 1993. program only as long as he/she remains February 28, 1997. (e) Internal Revenue Service. (1) in the same agency without a break in (b) American Embassy, Paris, France. Twenty positions of investigator for service. (1) Chief, Travel and Visitor Unit. No special assignments. (gg)–(hh) (Reserved). new appointments may be made under (f) (Reserved). (ii) Positions of Presidential Intern, this authority after August 10, 1981. (g) Bureau of Alcohol, Tobacco, and GS–9 and 11, in the Presidential (c)–(f) (Reserved). Firearms. (1) One hundred positions of Management Intern Program. Initial (g) Bureau of Population, Refugees, criminal investigator for special appointments must be made at the GS– and Migration. (1) Not to exceed 10 assignments. 9 level. No one may serve under this positions at grades GS–5 through 11 on (2) One non-permanent Senior Level authority for more than 2 years, unless the staff of the Bureau. (SL) Criminal Investigator to serve as a

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senior advisor to the Assistant Director 1,040 working hours a year. Children of (f) National Defense University. (1) (Firearms, Explosives, and Arson). DOD employees may be appointed to Not to exceed 16 positions of senior these positions, notwithstanding the policy analyst, GS–15, at the Strategic Section 213.3106 Department of sons and daughters restriction, if the Concepts Development Center. Initial Defense positions are in field activities at remote appointments to these positions may not (a) Office of the Secretary. (1)–(5) locations. Appointments under this exceed 6 years, but may be extended (Reserved). authority may be made only to positions thereafter in 1-, 2-, or 3-year increments, (6) One Executive Secretary, US-USSR for which qualification standards indefinitely. Standing Consultative Commission and established under 5 CFR part 302 are (g) Defense Communications Agency. Staff Analyst (SALT), Office of the consistent with the education and (1) Not to exceed 10 positions at grades Assistant Secretary of Defense experience standards established for GS–10/15 to staff and support the Crisis (International Security Affairs). comparable positions in the competitive Management Center at the White House. (b) Entire Department (including the service. Appointments under this (h) Defense Acquisitions University. Office of the Secretary of Defense and authority may not be used to extend the (1) The Provost and professors. the Departments of the Army, Navy, and service limits contained in any other (i) George C. Marshall European Air Force). (1) Professional positions in appointing authority. Center for Security Studies, Garmisch, Military Dependent School Systems (d) General. (1) Positions concerned Germany. overseas. with advising, administering, (1) The Director, Deputy Director, and (2) Positions in attache 1 systems supervising, or performing work in the positions of professor, instructor, and overseas, including all professional and collection, processing, analysis, lecturer at the George C. Marshall scientific positions in the Naval production, evaluation, interpretation, European Center for Security Studies, Research Branch Office in London. dissemination, and estimation of Garmisch, Germany, for initial (3) Positions of clerk-translator, intelligence information, including employment not to exceed 3 years, translator, and interpreter overseas. which may be renewed in increments (4) Positions of Educational Specialist scientific and technical positions in the intelligence function; and positions from 1 to 2 years thereafter. the incumbents of which will serve as (j) Asia-Pacific Center for Security Director of Religious Education on the involved in the planning, programming, and management of intelligence Studies, Honolulu, Hawaii. (1) The staffs of the chaplains in the military Director, Deputy Director, Dean of services. resources when, in the opinion of OPM, it is impracticable to examine. This Academics, Director of College, deputy (5) Positions under the program for department chairs, and senior positions utilization of alien scientists, approved authority does not apply to positions assigned to cryptologic and of professor, associate professor, and under pertinent directives administered research fellow within the Asia Pacific by the Director of Defense Research and communications intelligence activities/ functions. Center. Appointments may be made not Engineering of the Department of to exceed 3 years and may be extended (2) Positions involved in intelligence- Defense, when occupied by alien for periods not to exceed 3 years. scientists initially employed under the related work of the cryptologic program including those who have intelligence activities of the military Section 213.3107 Department of the acquired United States citizenship departments. This includes all positions Army during such employment. of intelligence research specialist, and (a)–(c) (Reserved). (6) Positions in overseas installations similar positions in the intelligence (d) U.S. Military Academy, West of the Department of Defense when classification series; all scientific and Point, New York. (1) Civilian professors, filled by dependents of military or technical positions involving the instructors, teachers (except teachers at civilian employees of the U.S. applications of engineering, physical or the Children’s School), Cadet Social Government residing in the area. technical sciences to intelligence work; Activities Coordinator, Chapel Organist Employment under this authority may and professional as well as intelligence and Choir-Master, Director of not extend longer than 2 months technician positions in which a majority Intercollegiate Athletics, Associate following the transfer from the area or of the incumbent’s time is spent in Director of Intercollegiate Athletics, separation of a dependent’s sponsor: advising, administering, supervising, or coaches, Facility Manager, Building Provided, that (i) a school employee performing work in the collection, Manager, three Physical Therapists may be permitted to complete the processing, analysis, production, (Athletic Trainers), Associate Director of school year; and (ii) an employee other evaluation, interpretation, Admissions for Plans and Programs, than a school employee may be dissemination, and estimation of Deputy Director of Alumni Affairs; and permitted to serve up to 1 additional intelligence information or in the librarian when filled by an officer of the year when the military department planning, programming, and Regular Army retired from active concerned finds that the additional management of intelligence resources. service, and the military secretary to the employment is in the interest of (e) Uniformed Services University of Superintendent when filled by a U.S. management. the Health Sciences. (1) Positions of Military Academy graduate retired as a (7) Twenty secretarial and staff President, Vice Presidents, Assistant regular commissioned officer for support positions at GS–12 or below on Vice Presidents, Deans, Deputy Deans, disability. the White House Support Group. Associate Deans, Assistant Deans, (e)–(f) (Reserved). (8) Positions in DOD research and Assistants to the President, Assistants to (g) Defense Language Institute. (1) All development activities occupied by the Vice Presidents, Assistants to the positions (professors, instructors, participants in the DOD Science and Deans, Professors, Associate Professors, lecturers) which require proficiency in a Engineering Apprenticeship Program for Assistant Professors, Instructors, foreign language or a knowledge of High School Students. Persons Visiting Scientists, Research Associates, foreign language teaching methods. employed under this authority shall be Senior Research Associates, and (h) Army War College, Carlisle bona fide high school students, at least Postdoctoral Fellows. Barracks, PA. (1) Positions of professor, 14 years old, pursuing courses related to (2) Positions established to perform instructor, or lecturer associated with the position occupied and limited to work on projects funded from grants. courses of instruction of at least 10

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months duration for employment not to Section 213.3109 Department of the (l) One position of Commander, Air exceed 5 years, which may be renewed Air Force National Guard Readiness Center, in 1-, 2-, 3-, 4-, or 5-year increments (a) Office of the Secretary. (1) One Andrews Air Force Base, Maryland. indefinitely thereafter. Special Assistant in the Office of the Section 213.3110 Department of (i) (Reserved). Secretary of the Air Force. This position Justice (j) U.S. Military Academy Preparatory has advisory rather than operating School, Fort Monmouth, New Jersey. (1) (a) General. (1) Deputy U.S. Marshals duties except as operating or employed on an hourly basis for Positions of Academic Director, administrative responsibilities may be Department Head, and Instructor. intermittent service. exercised in connection with the pilot (2) Positions at GS–15 and below on (k) U.S. Army Command and General studies. Staff College, Fort Leavenworth, Kansas. the staff of an office of a special counsel. (b) General. (1) Professional, (3)–(5) (Reserved). (1) Positions of professor, associate technical, managerial and (6) Positions of Program Manager and professor, assistant professor, and administrative positions supporting Assistant Program Manager supporting instructor associated with courses of space activities, when approved by the the International Criminal Investigative instruction of at least 10 months Secretary of the Air Force. Training Assistance Program in foreign duration, for employment not to exceed (2) One hundred forty positions, countries. Initial appointments under up to 5 years, which may be renewed in serviced by Hill Air Force Base, Utah, this authority may not exceed 2 years, 1-, 2-, 3-, 4-, or 5-year increments engaged in interdepartmental activities but may be extended in one-year indefinitely thereafter. in support of national defense projects increments for the duration of the in- Section 213.3108 Department of the involving scientific and technical country program. Navy evaluations. (b) Immigration and Naturalization (c) Not to exceed 20 professional Service. (1) (Reserved). (a) General. (1)–(14) (Reserved). positions, GS–11 through GS–15, in (2) Not to exceed 500 positions of (15) Marine positions assigned to a Detachments 6 and 51, SM–ALC, Norton interpreters and language specialists, coastal or seagoing vessel operated by a and McClellan Air Force Bases, GS–1040–5/9. naval activity for research or training California, which will provide logistic (3) Not to exceed 25 positions, GS–15 purposes. support management to specialized and below, with proficiency in (16) All positions necessary for the research and development projects. speaking, reading, and writing the administration and maintenance of the (d) U.S. Air Force Academy, Russian language and serving in the official residence of the Vice President. Colorado. (1) (Reserved). Soviet Refugee Processing Program with (b) Naval Academy, Naval (2) Positions of Professor, Associate permanent duty location in Moscow, Postgraduate School, and Naval War Professor, Assistant Professor, and Russia. College. (1) Professors, instructors, and Instructor, in the Dean of Faculty, (c) Drug Enforcement Administration. teachers; the Director of Academic Commandant of Cadets, Director of (1) (Reserved). Planning, Naval Postgraduate School; Athletics, and Preparatory School of the (2) Four hundred positions of and the Librarian, Organist-Choirmaster, United States Air Force Academy. Intelligence Research Agent and/or Registrar, the Dean of Admissions, and (e) (Reserved). Intelligence Operation Specialist in the social counselors at the Naval Academy. (f) Air Force Office of Special GS–132 series, grades GS–9 through (c) Chief of Naval Operations. (1) One Investigations. (1) Positions of Criminal GS–15. (3) Not to exceed 200 positions of position at grade GS–12 or above that Investigators/Intelligence Research Criminal Investigator (Special Agent). will provide technical, managerial, or Specialists, GS–5 through GS–15, in the New appointments may be made under administrative support on highly Air Force Office of Special this authority only at grades GS–7/11. classified functions to the Deputy Chief Investigations. of Naval Operations (Plans, Policy, and (d) National Drug Intelligence Center. (g) Not to exceed eight positions, GS– All positions. Operations). 12 through 15, in Headquarters Air (d) Military Sealift Command. (1) All Force Logistics Command, DCS Material Section 213.3111 Department of positions on vessels operated by the Management, Office of Special Homeland Security Military Sealift Command. Activities, Wright-Patterson Air Force (a) Up to 50 positions at the GS–5 (e) Pacific Missile Range Facility, Base, Ohio, which will provide logistic through 15 grade levels at the Barking Sands, Hawaii. (1) All support management staff guidance to Department of Homeland Security. No positions. This authority applies only to classified research and development new appointments may be made under positions that must be filled pending projects. this authority after March 30, 2004. final decision on contracting of Facility (h) Air University, Maxwell Air Force operations. No new appointments may Base, Alabama. (1) Positions of Section 213.3112 Department of the be made under this authority after July Professor, Instructor, or Lecturer. Interior 29, 1988. (i) Air Force Institute of Technology, (a) General. (1) Technical, (f) (Reserved). Wright-Patterson Air Force Base, Ohio. maintenance, and clerical positions at or (g) Office of Naval Research. (1) (1) Civilian deans and professors. below grades GS–7, WG–10, or Scientific and technical positions, GS– (j) Air Force Logistics Command. (1) equivalent, in the field service of the 13/15, in the Office of Naval Research One Supervisory Logistics Management Department of the Interior, when filled International Field Office which covers Specialist, GM–346–14, in Detachment by the appointment of persons who are satellite offices within the Far East, 2, 2762 Logistics Management Squadron certified as maintaining a permanent Africa, Europe, Latin America, and the (Special), Greenville, Texas. and exclusive residence within, or South Pacific. Positions are to be filled (k) One position of Supervisory contiguous to, a field activity or district, by personnel having specialized Logistics Management Specialist, GS– and as being dependent for livelihood experience in scientific and/or technical 346–15, in the 2762nd Logistics primarily upon employment available disciplines of current interest to the Squadron (Special), at Wright-Patterson within the field activity of the Department of the Navy. Air Force Base, Ohio. Department.

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(2) All positions on Government- (10) Seasonal airplane pilots and this provision shall not exceed 130 owned ships or vessels operated by the airplane mechanics in Alaska, not to working days a year in any individual Department of the Interior. exceed 180 working days a year. case: Provided, that such employment (3) Temporary or seasonal caretakers (11) Temporary staff positions in the may, with prior approval of OPM, be at temporarily closed camps or Youth Conservation Corps Centers extended for not to exceed an additional improved areas to maintain grounds, operated by the Department of the 50 working days in any single year. buildings, or other structures and Interior. Employment under this (h) Office of the Deputy Assistant prevent damages or theft of Government authority shall not exceed 11 weeks a Secretary for Territorial Affairs. (1) property. Such appointments shall not year except with prior approval of OPM. Positions of Territorial Management extend beyond 130 working days a year (12) Positions in the Youth Interns, GS–5, when filled by persons without the prior approval of OPM. Conservation Corps for which pay is selected by the Government of the Trust (4) Temporary, intermittent, or fixed at the Federal minimum wage rate. Territory of the Pacific Islands. No seasonal field assistants at GS–7, or its Employment under this authority may appointment may extend beyond 1 year. equivalent, and below in such areas as not exceed 10 weeks. Section 213.3113 Department of forestry, range management, soils, (b) (Reserved). Agriculture engineering, fishery and wildlife (c) Indian Arts and Crafts Board. (1) management, and with surveying The Executive Director. (a) General. (1) Agents employed in parties. Employment under this (d) (Reserved). field positions the work of which is authority may not exceed 180 working (e) Office of the Assistant Secretary, financed jointly by the Department and days a year. Territorial and International Affairs. (1) cooperating persons, organizations, or (5) Temporary positions established (Reserved). governmental agencies outside the (2) Not to exceed four positions of in the field service of the Department for Federal service. Except for positions for Territorial Management Interns, grades emergency forest and range fire which selection is jointly made by the GS–5, GS–7, or GS–9, when filled by prevention or suppression and blister Department and the cooperating territorial residents who are U.S. rust control for not to exceed 180 organization, this authority is not citizens from the Virgin Islands or working days a year: Provided, that an applicable to positions in the Guam; U.S. nationals from American employee may work as many as 220 Agricultural Research Service or the Samoa; or in the case of the Northern working days a year when employment National Agricultural Statistics Service. Marianas, will become U.S. citizens beyond 180 days is required to cope This authority is not applicable to the upon termination of the U.S. with extended fire seasons or sudden following positions in the Agricultural trusteeship. Employment under this emergencies such as fire, flood, storm, Marketing Service: Agricultural authority may not exceed 6 months. or other unforeseen situations involving commodity grader (grain) and (meat), (3) (Reserved). (poultry), and (dairy), agricultural potential loss of life or property. (4) Special Assistants to the Governor commodity aid (grain), and tobacco (6) Persons employed in field of American Samoa who perform inspection positions. positions, the work of which is financed specialized administrative, professional, (2)–(4) (Reserved). jointly by the Department of the Interior technical, and scientific duties as and cooperating persons or members of his or her immediate staff. (5) Temporary, intermittent, or organizations outside the Federal (f) National Park Service. (1) seasonal employment in the field service. (Reserved). service of the Department in positions at (7) All positions in the Bureau of (2) Positions established for the and below GS–7 and WG–10 in the Indian Affairs and other positions in the administration of Kalaupapa National following types of positions: Field Department of the Interior directly and Historic Park, Molokai, Hawaii, when assistants for sub professional services; primarily related to providing services filled by appointment of qualified agricultural helpers, helper-leaders, and to Indians when filled by the patients and Native Hawaiians, as workers in the Agricultural Research appointment of Indians. The Secretary provided by Public Law 95–565. Service and the Animal and Plant of the Interior is responsible for defining (3) Seven full-time permanent and 31 Health Inspection Service; and subject the term ‘‘Indian.’’ temporary, part-time, or intermittent to prior OPM approval granted in the (8) Temporary, intermittent, or positions in the Redwood National Park, calendar year in which the appointment seasonal positions at GS–7 or below in California, which are needed for is to be made, other clerical, trades, Alaska, as follows: Positions in rehabilitation of the park, as provided crafts, and manual labor positions. Total nonprofessional mining activities, such by Public Law 95–250. employment under this subparagraph as those of drillers, miners, caterpillar (4) One Special Representative of the may not exceed 180 working days in a operators, and samplers. Employment Director. service year: Provided, that an employee under this authority shall not exceed (5) All positions in the Grand Portage may work as many as 220 working days 180 working days a year and shall be National Monument, Minnesota, when in a service year when employment appropriate only when the activity is filled by the appointment of recognized beyond 180 days is required to cope carried on in a remote or isolated area members of the Minnesota Chippewa with extended fire seasons or sudden and there is a shortage of available Tribe. emergencies such as fire, flood, storm, candidates for the positions. (g) Bureau of Reclamation. (1) or other unforeseen situations involving (9) Temporary, part-time, or Appraisers and examiners employed on potential loss of life or property. This intermittent employment of mechanics, a temporary, intermittent, or part-time paragraph does not cover trades, crafts, skilled laborers, equipment operators basis on special valuation or and manual labor positions covered by and tradesmen on construction, repair, prospective-entrymen-review projects paragraph (i) of § 213.3102 or positions or maintenance work not to exceed 180 where knowledge of local values on within the Forest Service. working days a year in Alaska, when the conditions or other specialized (6)–(7) (Reserved). activity is carried on in a remote or qualifications not possessed by regular (b)–(c) (Reserved). isolated area and there is a shortage of Bureau employees are required for (d) Farm Service Agency. (1) available candidates for the positions. successful results. Employment under (Reserved).

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(2) Members of State Committees: may be employed as trainees for the first filled by persons qualified as industrial Provided, that employment under this appointment for an initial period of 6 or marketing specialists; who possess authority shall be limited to temporary months for training without regard to specialized knowledge and experience intermittent (WAE) positions whose the service year limitation. in industrial production, industrial principal duties involve administering (3) Milk Market Administrators. operations and related problems, market farm programs within the State (4) All positions on the staffs of the structure and trends, retail and consistent with legislative and Milk Market Administrators. wholesale trade practices, distribution Departmental requirements and (g)–(k) (Reserved). channels and costs, or business reviewing national procedures and (l) Food Safety and Inspection financing and credit procedures policies for adaptation at State and local Service. (1)–(2) (Reserved). applicable to one or more of the current levels within established parameters. (3) Positions of meat and poultry segments of U.S. industry served by the inspectors (veterinarians at GS–11 and Individual appointments under this Under Secretary for International Trade, below and nonveterinarians at authority are for 1 year and may be and the subordinate components of his appropriate grades below GS–11) for extended only by the Secretary of organization which are involved in employment on a temporary, Agriculture or his designee. Members of Domestic Business matters. intermittent, or seasonal basis, not to State Committees serve at the pleasure Appointments under this authority may exceed 1,280 hours a year. of the Secretary. be made for a period of not to exceed (e) Rural Development. (1) (Reserved). (m) Grain Inspection, Packers and Stockyards Administration. (1) One 2 years and may, with prior approval of (2) County committeemen to consider, OPM, be extended for an additional recommend, and advise with respect to hundred and fifty positions of Agricultural Commodity Aid (Grain), period of 2 years. the Rural Development program. (j) National Oceanic and Atmospheric (3)–(5) (Reserved). GS–2/4; 100 positions of Agricultural Commodity Technician (Grain), GS–4/7; Administration. (1)–(2) (Reserved). (6) Professional and clerical positions (3) All civilian positions on vessels and 60 positions of Agricultural in the Trust Territory of the Pacific operated by the National Ocean Service. Commodity Grader (Grain), GS–5/9, for Islands when occupied by indigenous (4) Temporary positions required in temporary employment on a part-time, residents of the Territory to provide connection with the surveying intermittent, or seasonal basis not to financial assistance pursuant to current operations of the field service of the authorizing statutes. exceed 1,280 hours in a service year. (n) Alternative Agricultural Research National Ocean Service. Appointment to (f) Agricultural Marketing Service. (1) such positions shall not exceed 8 Positions of Agricultural Commodity and Commercialization Corporation. (1) Executive Director. months in any 1 calendar year. Graders, Agricultural Commodity (k) (Reserved). Technicians, and Agricultural Section 213.3114 Department of (l) National Telecommunication and Commodity Aids at grades GS–9 and Commerce Information Administration. (1) below in the tobacco, dairy, and poultry (a) General. (1)–(2) (Reserved). Seventeen professional positions in commodities; Meat Acceptance grades GS–13 through GS–15. Specialists, GS–11 and below; Clerks, (3) Not to exceed 50 scientific and Office Automation Clerks, and technical positions whose duties are Section 213.3115 Department of Labor Computer Clerks at GS–5 and below; performed primarily in the Antarctic. Incumbents of these positions may be (a) Office of the Secretary. (1) Clerk-Typists at grades GS–4 and below; Chairman and five members, and Laborers under the Wage System. stationed in the continental United States for periods of orientation, Employees’ Compensation Appeals Employment under this authority is Board. limited to either 1,280 hours or 180 days training, analysis of data, and report writing. (2) Chairman and eight members, in a service year. Benefits Review Board. (2) Positions of Agricultural (b)–(c) (Reserved). (d) Bureau of the Census. (1) (b)–(c) (Reserved). Commodity Graders, Agricultural Managers, supervisors, technicians, (d) Employment and Training Commodity Technicians, and clerks, interviewers, and enumerators in Administration. (1) Not to exceed 10 Agricultural Commodity Aids at grades the field service, for time-limited positions of Supervisory Manpower GS–11 and below in the cotton, raisin, employment to conduct a census. Development Specialist and Manpower and processed fruit and vegetable (2) Current Program Interviewers Development Specialist, GS–7/15, in the commodities and the following employed in the field service. Division of Indian and Native American positions in support of these (e)–(h) (Reserved). Programs, when filled by the commodities: Clerks, Office Automation (i) Office of the Under Secretary for appointment of persons of one-fourth or Clerks, and Computer Clerks and International Trade. (1) Fifteen more Indian blood. These positions Operators at GS–5 and below; Clerk- positions at GS–12 and above in require direct contact with Indian tribes Typists at grades GS–4 and below; and, specialized fields relating to and communities for the development under the Federal Wage System, High international trade or commerce in units and administration of comprehensive Volume Instrumentation (HVI) under the jurisdiction of the Under employment and training programs. Operators and HVI Operator Leaders at Secretary for International Trade. Section 213.3116 Department of WG/WL–2 and below, respectively, Incumbents will be assigned to advisory Health and Human Services Instrument Mechanics/Workers/Helpers rather than to operating duties, except at WG–10 and below, and Laborers. as operating and administrative (a) General. (1) Intermittent positions, Employment under this authority may responsibility may be required for the at GS–15 and below and WG–10 and not exceed 180 days in a service year. conduct of pilot studies or special below, on teams under the National In unforeseen situations such as bad projects. Employment under this Disaster Medical System including weather or crop conditions, authority will not exceed 2 years for an Disaster Medical Assistance Teams and unanticipated plant demands, or individual appointee. specialty teams, to respond to disasters, increased imports, employees may work (2) (Reserved). emergencies, and incidents/events up to 240 days in a service year. Cotton (3) Not to exceed 15 positions in involving medical, mortuary and public Agricultural Commodity Graders, GS–5, grades GS–12 through GS–15, to be health needs.

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(b) Public Health Service. (1) Section 213.3127 Department of to make and administer disaster loans in (Reserved). Veterans Affairs that area under the Small Business Act, (2) Positions at Government sanatoria (a) Construction Division. (1) as amended. No one may serve under when filled by patients during treatment Temporary construction workers paid this authority for more than an aggregate or convalescence. from ‘‘purchase and hire’’ funds and of 2 years without a break in service of at least 6 months. Persons who have had (3) (Reserved). appointed for not to exceed the duration more than 2 years of service under of a construction project. (4) Positions concerned with paragraph (a) of this section must have (b) Not to exceed 400 positions of problems in preventive medicine a break in service of at least 8 months rehabilitation counselors, GS–3 through financed or participated in by the following such service before GS–11, in Alcoholism Treatment Units Department of Health and Human appointment under this authority. No and Drug Dependence Treatment Services and a cooperating State, one may be appointed under this Centers, when filled by former patients. county, municipality, incorporated authority to positions engaged in long- (c) Board of Veterans’ Appeals. (1) organization, or an individual in which term maintenance of loan portfolios. at least one-half of the expense is Positions, GS–15, when filled by a contributed by the participating agency member of the Board. Except as Section 213.3133 Federal Deposit either in salaries, quarters, materials, provided by section 201(d) of Public Insurance Corporation equipment, or other necessary elements Law 100–687, appointments under this (a)–(b) (Reserved). in the carrying on of the work. authority shall be for a term of 9 years, (c) Temporary positions located at (5)–(6) (Reserved). and may be renewed. closed banks or savings and loan (2) Positions, GS–15, when filled by a (7) Not to exceed 50 positions institutions that are concerned with non-member of the Board who is associated with health screening liquidating the assets of the institutions, awaiting Presidential approval for programs for refugees. liquidating loans to the institutions, or appointment as a Board member. paying the depositors of closed insured (8) All positions in the Public Health (d) Not to exceed 600 positions at institutions. New appointments may be Service and other positions in the grades GS–3 through GS–11, involved in made under this authority only during Department of Health and Human the Department’s Vietnam Era Veterans the 60 days immediately following the Services directly and primarily related Readjustment Counseling Service. institution’s closing date. Such to providing services to Indians when appointments may not exceed 1 year, filled by the appointment of Indians. Section 213.3128 Broadcasting Board of Governors but may be extended for not to exceed The Secretary of Health and Human 1 additional year. Services is responsible for defining the (a) International Broadcasting Bureau. term ‘‘Indian.’’ (1) Not to exceed 200 positions at grades Section 213.3136 U.S. Soldiers’ and (9) (Reserved). GS–15 and below in the Office of Cuba Airmen’s Home (10) Health care positions of the Broadcasting. Appointments may not be (a) (Reserved). National Health Service Corps for made under this authority to (b) Positions when filled by member- employment of any one individual not administrative, clerical, and technical residents of the Home. to exceed 4 years of service in health support positions. Section 213.3146 Selective Service manpower shortage areas. Section 213.3132 Small Business System (11)–(14) (Reserved). Administration (a) State Directors. (15) Not to exceed 200 staff positions, (a) When the President under 42 GS–15 and below, in the Immigration Section 213.3148 National U.S.C. 1855–1855g, the Secretary of Health Service, for an emergency staff to Aeronautics and Space Administration Agriculture under 7 U.S.C. 1961, or the provide health related services to (a) One hundred and fifty alien Small Business Administration under foreign entrants. scientists having special qualifications 15 U.S.C. 636(b)(1) declares an area to in the fields of aeronautical and space (c)–(e) (Reserved). be a disaster area, positions filled by research where such employment is (f) The President’s Council on time-limited appointment of employees deemed by the Administrator of the Physical Fitness. (1) Four staff to make and administer disaster loans in National Aeronautics and Space assistants. the area under the Small Business Act, Administration to be necessary in the as amended. Service under this Section 213.3117 Department of public interest. Education authority may not exceed 4 years, and no more than 2 years may be spent on Section 213.3155 Social Security (a) Positions concerned with problems a single disaster. Exception to this time Administration in education financed and participated limit may only be made with prior (a) Six positions of Social Insurance in by the Department of Education and Office approval. Appointments under Representative in the district offices of a cooperating State educational agency, this authority may not be used to extend the Social Security Administration in or university or college, in which there the 2-year service limit contained in the State of Arizona when filled by the is joint responsibility for selection and paragraph (b) below. No one may be appointment of persons of one-fourth or supervision of employees, and at least appointed under this authority to more Indian blood. one-half of the expense is contributed positions engaged in long-term (b) Seven positions of Social by the cooperating agency in salaries, maintenance of loan portfolios. Insurance Representative in the district quarters, materials, equipment, or other (b) When the President under 42 offices of the Social Security necessary elements in the carrying on of U.S.C. 1855–1855g, the Secretary of Administration in the State of New the work. Agriculture under 7 U.S.C. 1961, or the Mexico when filled by the appointment Section 213.3124 Board of Governors, Small Business Administration under of persons of one-fourth or more Indian Federal Reserve System 15 U.S.C. 636(b)(1) declares an area to blood. be a disaster area, positions filled by (c) Two positions of Social Insurance (a) All positions. time-limited appointment of employees Representative in the district offices of

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the Social Security Administration in United States Studies Program operated by or for the Maritime the State of Alaska when filled by the Administrator, and two Social Science Administration. appointments of persons of one-fourth Program Administrators. (4)–(5) (Reserved). or more Alaskan Native blood (Eskimos, Section 213.3178 Community (6) U.S. Merchant Marine Academy, Indians, or Aleuts). Development Financial Institutions positions of: Professors, Instructors, and Section 213.3162 The President’s Fund Teachers, including heads of Crime Prevention Council Departments of Physical Education and (a) All positions in the Fund and Athletics, Humanities, Mathematics and (a) Up to 7 positions established in positions created for the purpose of Science, Maritime Law and Economics, the President’s Crime Prevention establishing the Fund’s operations in Nautical Science, and Engineering; Council office created by the Violent accordance with the Community Coordinator of Shipboard Training; the Crime Control and Law Enforcement Development Banking and Financial Commandant of Midshipmen, the Act of 1994. No new appointments may Institutions Act of 1994, except for any Assistant Commandant of Midshipmen; be made under this authority after positions required by the Act to be filled Director of Music; three Battalion March 31, 1998. by competitive appointment. No new Officers; three Regimental Affairs appointments may be made under this Section 213.3165 Chemical Safety and Officers; and one Training authority after September 23, 1998. Hazard Investigation Board Administrator. Section 213.3180 Utah Reclamation (7) U.S. Merchant Marine Academy (a) (Reserved). positions of: Associate Dean; Registrar; (b) Seven positions of either Chemical and Conservation Commission Director of Admissions; Assistant Incident Investigators or Chemical (a) Executive Director. Director of Admissions; Director, Office Safety Recommendation Specialists, in of External Affairs; Placement Officer; the Office of Investigations and Safety Section 213.3182 National Foundation Administrative Librarian; Shipboard Programs. No new appointments may be on the Arts and the Humanities Training Assistant; three Academy made under this authority after October (a) National Endowment for the Arts. Training Representatives; and one 15, 2002, or until the seventh person (1) Artistic and related positions at Education Program Assistant. (who was given an offer of employment grades GS–13 through GS–15 engaged in on September 13, 2002, and is waiting the review, evaluation and Section 213.3195 Federal Emergency a physical examination clearance) is administration of applications and Management Agency grants supporting the arts, related appointed, whichever is later. (a) Field positions at grades GS–15 research and assessment, policy and Section 213.3166 Court Services and and below, or equivalent, which are program development, arts education, Offender Supervision Agency of the engaged in work directly related to access programs and advocacy or District of Columbia unique response efforts to evaluation of critical arts projects and environmental emergencies not covered (a) All positions, except for the outreach programs. Duties require by the Disaster Relief Act of 1974, Director, established to create the Court artistic stature, in-depth knowledge of Public Law 93–288, as amended. Services and Offender Supervision arts disciplines and/or artistic-related Employment under this authority may Agency of the District of Columbia. No leadership qualities. new appointments may be made under not exceed 36 months on any single this authority after September 30, 2003. Section 213.3190 African Development emergency. Persons may not be Foundation employed under this authority for long- Section 213.3174 Smithsonian (a) One Enterprise Development Fund term duties or for work not directly Institution Manager. Appointment authority is necessitated by the emergency response (a) (Reserved). (b) All positions limited to four years unless extended by effort. located in Panama which are part of or the Office. (b) Not to exceed 30 positions at which support the Smithsonian grades GS–15 and below in the Offices Tropical Research Institute. Section 213.3191 Office of Personnel of Executive Administration, General (c) Positions at GS–15 and below in Management Counsel, Inspector General, the National Museum of the American (a)–(c) (Reserved). Comptroller, Public Affairs, Personnel, Indian requiring knowledge of, and (d) Part-time and intermittent Acquisition Management, and the State experience in, tribal customs and positions of test examiners at grades and Local Program and Support culture. Such positions comprise GS–8 and below. Directorate which are engaged in work approximately 10 percent of the directly related to unique response Section 213.3194 Department of Museum’s positions and, generally, do efforts to environmental emergencies Transportation not include secretarial, clerical, not covered by the Disaster Relief Act of administrative, or program support (a) U.S. Coast Guard. (1) (Reserved). 1974, Public Law 93–288, as amended. positions. (2) Lamplighters. Employment under this authority may (3) Professors, Associate Professors, not exceed 36 months on any single Section 213.3175 Woodrow Wilson Assistant Professors, Instructors, one emergency, or for long-term duties or International Center for Scholars Principal Librarian, one Cadet Hostess, work not directly necessitated by the (a) One Asian Studies Program and one Psychologist (Counseling) at the emergency response effort. No one may Administrator, one International Coast Guard Academy, New London, be reappointed under this authority for Security Studies Program Connecticut. service in connection with a different Administrator, one Latin American (b)–(d) (Reserved). emergency unless at least 6 months have Program Administrator, one Russian (e) Maritime Administration. (1)–(2) elapsed since the individual’s latest Studies Program Administrator, one (Reserved). appointment under this authority. West European Program Administrator, (3) All positions on Government- (c) Not to exceed 350 professional and one Environmental Change & Security owned vessels or those bareboats technical positions at grades GS–5 Studies Program Administrator, one chartered to the Government and through GS–15, or equivalent, in Mobile

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Emergency Response Support authority for any period of employment appointments may be made under this Detachments (MERS). not exceeding 3 years for one authority after November 30, 1999. individual. Section 213.3199 Temporary (k) Positions at grades GS–15 and Section 213.3203 Executive Office of Organizations below when filled by individuals who the President Positions on the staffs of temporary (1) are placed at a severe disadvantage (a) (Reserved). organizations, as defined in 5 U.S.C. in obtaining employment because of a (b) Office of the Special 3161(a). Appointments may not exceed psychiatric disability evidenced by Representative for Trade Negotiations. 3 years, but temporary organizations hospitalization or outpatient treatment (1) Seventeen positions of economist at may extend the appointments for 2 and have had a significant period of grades GS–12 through GS–15. substantially disrupted employment additional years if the conditions for Section 213.3204 Department of State extension are related to the completion because of the disability; and (2) are of the study or project. certified to a specific position by a State (a)–(c) (Reserved). vocational rehabilitation counselor or a (d) Fourteen positions on the Schedule B Veterans Administration counseling household staff of the President’s Guest Section 213.3202 Entire Executive psychologist (or psychiatrist) who House (Blair and Blair-Lee Houses). Civil Service indicates that they meet the severe (e) (Reserved). disadvantage criteria stated above, that (f) Scientific, professional, and (a) Student Educational Employment technical positions at grades GS–12 to Program—Student Temporary they are capable of functioning in the positions to which they will be GS–15 when filled by persons having Employment Program. (1) Students may special qualifications in foreign policy be appointed to the Student Temporary appointed, and that any residual disability is not job related. matters. Total employment under this Employment Program if they are authority may not exceed 4 years. pursuing any of the following Employment of any individual under educational programs: this authority may not exceed 2 years Section 213.3205 Department of the (i) High School Diploma or General following each significant period of Treasury mental illness. Equivalency Diploma (GED); (a) Positions of Deputy Comptroller of (ii) Vocational/Technical certificate; (l) (Reserved). (m) Positions when filled under any the Currency, Chief National Bank (iii) Associate degree; Examiner, Assistant Chief National (iv) Baccalaureate degree; of the following conditions: (1) Appointment at grades GS–15 and Bank Examiner, Regional Administrator (v) Graduate degree; or of National Banks, Deputy Regional (vi) Professional degree above, or equivalent, in the same or a different agency without a break in Administrator of National Banks, * * * * * service from a career appointment in the Assistant to the Comptroller of the [The remaining text of provisions Senior Executive Service (SES) of an Currency, National Bank Examiner, pertaining to the Student Temporary individual who: Associate National Bank Examiner, and Employment Program can be found in 5 (i) Has completed the SES Assistant National Bank Examiner, CFR 213.3202(a).] probationary period; whose salaries are paid from (b) Student Educational Employment (ii) Has been removed from the SES assessments against national banks and Program—Student Career Experience because of less than fully successful other financial institutions. Program. (1)(i) Students may be executive performance or a reduction in (b)–(c) (Reserved). appointed to the Student Career force; and (d) Positions concerned with the Experience Program if they are pursuing (iii) Is entitled to be placed in another protection of the life and safety of the any of the following educational civil service position under 5 U.S.C. President and members of his programs: 3594(b). immediate family, or other persons for (A) High school diploma or General (2) Appointment in a different agency whom similar protective services are Equivalency Diploma (GED); without a break in service of an prescribed by law, when filled in (B) Vocational/Technical certificate; individual originally appointed under accordance with special appointment (C) Associate degree; paragraph (m)(1). procedures approved by OPM. Service (D) Baccalaureate degree; (3) Reassignment, promotion, or under this authority may not exceed (1) (E) Graduate degree; or demotion within the same agency of an a total of 4 years; or (2) 120 days (F) Professional degree. individual appointed under this following completion of the service (ii) Student participants in the Harry authority. required for conversion under Executive S. Truman Foundation Scholarship (n) Positions when filled by Order 11203, whichever comes first. Program under the provision of Public preference eligibles or veterans who (e) Positions, grades GS–5 through 12, Law 93–842 are eligible for have been separated from the armed of Treasury Enforcement Agent in the appointments under the Student Career forces under honorable conditions after Bureau of Alcohol, Tobacco, and Experience Program. 3 years or more of continuous active Firearms; and Treasury Enforcement [The remaining text of provisions service and who, in accordance with 5 Agent, Pilot, Marine Enforcement pertaining to the Student Career U.S.C. 3304(f) (Pub. L. 105–339), Officer, and Aviation Enforcement Experience Program can be found in 5 applied for these positions under merit Officer in the U.S. Customs Service. CFR 213.3202(b).] promotion procedures when Service under this authority may not * * * * * applications were being accepted by the exceed 3 years and 120 days. (c)–(i) (Reserved). agency from individuals outside its own (j) Special executive development workforce. These veterans may be Section 213.3206 Department of positions established in connection with promoted, demoted, or reassigned, as Defense Senior Executive Service candidate appropriate, to other positions within (a) Office of the Secretary. (1) development programs which have been the agency but would remain employed (Reserved). approved by OPM. A Federal agency under this excepted authority as long as (2) Professional positions at GS–11 may make new appointments under this there is no break in service. No new through GS–15 involving systems, costs,

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and economic analysis functions in the position of Oceanographer, grade GS– (c) Not to exceed 400 positions at Office of the Assistant Secretary 14, to function as project director and grades GS–5 through 15 assigned to (Program Analysis and Evaluation); and manager for research in the weapons regional task forces established to in the Office of the Deputy Assistant systems applications of ocean eddies. conduct special investigations to combat Secretary (Systems Policy and (b) All civilian faculty positions of drug trafficking and organized crime. Information) in the Office of the professors, instructors, and teachers on (d) (Reserved). Assistant Secretary (Comptroller). the staff of the Armed Forces Staff (e) Positions, other than secretarial, (3)–(4) (Reserved). College, Norfolk, Virginia. GS–6 through GS–15, requiring (5) Four Net Assessment Analysts. (c) One Director and four Research knowledge of the bankruptcy process, (b) Interdepartmental activities. (1) Psychologists at the professor or GS–15 on the staff of the offices of United Five positions to provide general level in the Defense Personnel Security States Trustees or the Executive Office administration, general art and Research and Education Center. for U.S. Trustees. information, photography, and/or visual (d) All civilian professor positions at Section 213.3213 Department of information support to the White House the Marine Corps Command and Staff Agriculture Photographic Service. College. (2) Eight positions, GS–15 or below, (e) One position of Staff Assistant, (a) Foreign Agricultural Service. (1) in the White House Military Office, GS–301–15, whose incumbent will Positions of a project nature involved in providing support for airlift operations, manage the Navy’s Executive Dining international technical assistance special events, security, and/or facilities at the Pentagon. activities. Service under this authority may not exceed 5 years on a single administrative services to the Office of (f) One position of Housing project for any individual unless the President. Management Specialist, GM–1173–14, delayed completion of a project justifies (c) National Defense University. (1) involved with the Bachelor Quarters an extension up to but not exceeding 2 Sixty-one positions of Professor, GS–13/ Management Study. No new years. 15, for employment of any one appointments may be made under this (b) General. (1) Temporary positions individual on an initial appointment not authority after February 29, 1992. to exceed 3 years, which may be of professional Research Scientists, GS– renewed in any increment from 1 to 6 Section 213.3209 Department of the 15 or below, in the Agricultural years indefinitely thereafter. Air Force Research Service and the Forest Service, when such positions are established to (d) General. (1) One position of Law (a) Not to exceed four support the Research Associateship Enforcement Liaison Officer (Drugs), interdisciplinary positions for the Air Program and are filled by persons GS–301–15, U.S. European Command. Research Institute at the Air University, (2) Acquisition positions at grades having a doctoral degree in an Maxwell Air Force Base, Alabama, for GS–5 through GS–11, whose appropriate field of study for research employment to complete studies incumbents have successfully activities of mutual interest to proposed by candidates and acceptable completed the required course of appointees and the agency. to the Air Force. Initial appointments education as participants in the Appointments are limited to proposals are made not to exceed 3 years, with an Department of Defense scholarship approved by the appropriate option to renew or extend the program authorized under 10 U.S.C. Administrator. Appointments may be appointments in increments of 1, 2, or 1744. made for initial periods not to exceed 2 3 years indefinitely thereafter. (e) Office of the Inspector General. (1) years and may be extended for up to 2 (b)–(c) (Reserved). Positions of Criminal Investigator, GS– additional years. Extensions beyond 4 1811–5/15. (d) Positions of Instructor or years, up to a maximum of 2 additional (f) Department of Defense Polygraph professional academic staff at the Air years, may be granted, but only in very Institute, Fort McClellan, Alabama. (1) University, associated with courses of rare and unusual circumstances, as One Director, GM–15. instruction of varying durations, for determined by the Personnel Officer, (g) Defense Security Assistance employment not to exceed 3 years, Agricultural Research Service, or the Agency. All faculty members with which may be renewed for an indefinite Personnel Officer, Forest Service. instructor and research duties at the period thereafter. (2) Not to exceed 55 Executive Defense Institute of Security Assistance (e) One position of Director of Director positions, GM–301–14/15, with Management, Wright Patterson Air Development and Alumni Programs, the State Rural Development Councils Force Base, Dayton, Ohio. Individual GS–301–13, with the U.S. Air Force in support of the Presidential Rural appointments under this authority will Academy, Colorado. Development Initiative. be for an initial 3-year period, which Section 213.3210 Department of Section 213.3214 Department of may be followed by an appointment of Justice indefinite duration. Commerce (a) Criminal Investigator (Special (a) Bureau of the Census. (1) Section 213.3207 Department of the Agent) positions in the Drug (Reserved). Army Enforcement Administration. New (2) Not to exceed 50 Community (a) U.S. Army Command and General appointments may be made under this Services Specialist positions at the Staff College. (1) Seven positions of authority only at grades GS–5 through equivalent of GS–5 through GS–12. professors, instructors, and education 11. Service under the authority may not (3) (Reserved). specialists. Total employment of any exceed 4 years. Appointments made (b)–(c) (Reserved). individual under this authority may not under this authority may be converted (d) National Telecommunications and exceed 4 years. to career or career-conditional Information Administration. (1) Not to appointments under the provisions of exceed 10 positions of Section 213.3208 Department of the Executive Order 12230, subject to Telecommunications Policy Analysts, Navy conditions agreed upon between the grades GS–11 through 15. Employment (a) Naval Underwater Systems Center, Department and OPM. under this authority may not exceed 2 New London, Connecticut. (1) One (b) (Reserved). years.

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Section 213.3215 Department of Labor Logistics; and Director, Plans and (b) Twelve positions of faculty (a) Chair and a maximum of four Programs. members at grades GS–13 through 15, at the Federal Executive Institute. Initial additional Members, Administrative Section 213.3240 National Archives appointments under this authority may Review Board. and Records Administration be made for any period up to 3 years (b) (Reserved). (a) Executive Director, National (c) Bureau of International Labor and may be extended in 1-, 2-, or 3-year Historical Publications and Records increments indefinitely thereafter. Affairs. (1) Positions in the Office of Commission. Foreign Relations, which are paid by Schedule C outside funding sources under contracts Section 213.3248 National for specific international labor market Aeronautics and Space Administration Section 213.3303 Executive Office of the President technical assistance projects. (a) Not to exceed 40 positions of Appointments under this authority may Command Pilot, Pilot, and Mission Council of Economic Advisers not be extended beyond the expiration Specialist candidates at grades GS–7 CEGS60001 Confidential Assistant to date of the project. through 15 in the Space Shuttle the Chairman, Council of Economic Section 213.3217 Department of Astronaut program. Employment under Advisers Education this authority may not exceed 3 years. CEGS60004 Confidential Assistant to the Chairman, Council of Economic (a) Seventy-five positions, not in Section 213.3255 Social Security Advisers excess of GS–13, of a professional or Administration CEGS60005 Administrative Operations analytical nature when filled by (a) Temporary and time-limited Assistant to the Member (Council of persons, other than college faculty positions in the Ticket to Work and Economic Advisers) members or candidates working toward Work Incentives Advisory Panel. No college degrees, who are participating in employees may be appointed after Council on Environmental Quality midcareer development programs November 17, 2007. EQGS00011 Associate Director for authorized by Federal statute or Section 213.3274 Smithsonian Global Environmental Affairs to the regulation, or sponsored by private Institution Chairman (Council on Environmental nonprofit organizations, when a period Quality) of work experience is a requirement for (a) (Reserved). (b) Freer Gallery of Art. (1) Not to EQGS60010 Associate Director for completion of an organized study Communications to the Chairman program. Employment under this exceed four positions of Oriental Art Restoration Specialist at grades GS–9 (Council on Environmental Quality) authority shall not exceed 1 year. EQGS60012 Research Assistant to the through GS–15. (b) Fifty positions, GS–7 through GS– Chairman (Council on Environmental 11, concerned with advising on Section 213.3276 Appalachian Quality) education policies, practices, and Regional Commission EQGS60017 Special Assistant to the procedures under unusual and (a) Two Program Coordinators. Chairman (Council on Environmental abnormal conditions. Persons employed Quality) under this provision must be bona fide Section 213.3278 Armed Forces elementary school and high school Retirement Home Office of Management and Budget teachers. Appointments under this (a) Naval Home, Gulfport, Mississippi. BOGS00022 Confidential Assistant to authority may be made for a period of (1) One Resource Management Officer the Executive Associate Director not to exceed 1 year, and may, with the position and one Public Works Officer BOGS00038 Legislative Analyst to the prior approval of the Office of Personnel position, GS/GM–15 and below. Associate Director for Legislative Management, be extended for an Affairs additional period of 1 year. Section 213.3282 National Foundation BOGS60004 Associate Administrator on the Arts and the Humanities to the Administrator, Office of Section 213.3227 Department of Information and Regulatory Affairs Veterans Affairs (a) (Reserved). (b) National Endowment for the BOGS60015 Public Affairs Officer to (a) Not to exceed 800 principal Humanities. (1) Professional positions at the Associate Director for investigatory, scientific, professional, grades GS–11 through GS–15 engaged in Communications and technical positions at grades GS–11 the review, evaluation, and BOGS60020 Special Assistant to the and above in the medical research administration of grants supporting Associate Director for E-Government program. scholarship, education, and public and Information Technology (b) Not to exceed 25 Criminal programs in the humanities, the duties BOGS60021 Counselor to the Deputy Investigator (Undercover) positions, GS– of which require indepth knowledge of Director for Management to the 1811, in grades 5 through 12, a discipline of the humanities. Deputy Director for Management conducting undercover investigations in BOGS60026 Confidential Assistant to the Veterans Health Administration Section 213.3291 Office of Personnel the Assistant Director for supervised by the VA, Office of Management Administration Inspector General. Initial appointments (a) Not to exceed eight positions of BOGS60028 Legislative Assistant to shall be greater than 1 year, but not to Associate Director at the Executive the Associate Director for Legislative exceed 4 years and may be extended Seminar Centers at grades GS–13 and Affairs indefinitely in 1-year increments. GS–14. Appointments may be made for BOGS60030 Confidential Assistant to any period up to 3 years and may be the Associate Director for E- Section 213.3236 U.S. Soldiers’ and extended without prior approval for any Government and Information Airmen’s Home individual. Not more than half of the Technology (a) (Reserved). authorized faculty positions at any one BOGS60032 Public Affairs Specialist (b) Director, Health Care Services; Executive Seminar Center may be filled to the Associate Director for Director, Member Services; Director, under this authority. Communications

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BOGS60035 Confidential Assistant to TNGS60046 Public Affairs Specialist DSGS60132 Legislative Management the Controller, Office of Federal to the Associate United States Trade Officer to the Assistant Secretary for Financial Management Representative for Policy and Legislative and Intergovernmental BOGS60037 Associate General Communications Affairs Counsel to the General Counsel DSGS60133 Public Affairs Specialist Office of Science and Technology Policy BOGS60141 Deputy to the Associate to the Principal Deputy Assistant Director for Legislative Affairs TSGS60005 Executive Assistant for Secretary (Senate) to the Associate Director for Policy and Intergovernmental Affairs DSGS60146 Public Affairs Specialist Legislative Affairs to the Associate Director, Science to the Principal Deputy Assistant BOGS60143 Deputy to the Associate TSGS60017 Executive Director, Secretary Director for Legislative Affairs President’s Council of Advisors on DSGS60152 Supervisory Foreign (House) to the Associate Director for Science and Technology and Counsel Affairs Officer to the Under Secretary Legislative Affairs to the Associate Director, Science for Global Affairs BOGS60146 Special Assistant to the TSGS60021 Confidential Assistant to DSGS60153 Staff Assistant to the Chief Transportation Branch the Chief of Staff Secretary of State BOGS60148 Confidential Assistant to TSGS60022 Confidential Assistant DSGS60154 Assistant Chief of Protocol the Associate Director for National (Director’s Office) to the Deputy to the for Ceremonials to the Chief of Security and International Affairs Associate Director Science Protocol BOGS60149 Confidential Assistant to TSGS60028 Assistant to the Director DSGS60156 Confidential Assistant to the Associate Director for Legislative for Communications to the Deputy to the Secretary of State Affairs the Associate Director, Science DSGS60159 Staff Assistant to the Office of National Drug Control Policy Section 213.3304 Department of State Assistant Secretary Oceans, QQGS00010 Special Assistant to the International Environment and BWGS60001 Confidential Assistant to Science Affairs Director the Assistant Secretary Oceans, DSGS60160 Staff Assistant to the QQGS00011 Writer-Editor (Speech- International Environment and Assistant Secretary for Democracy Writer) to the Director, Public Affairs Science Affairs Human Rights and Labor QQGS00013 Project Coordinator to the DSGS00142 Program Support DSGS60161 Staff Assistant to the Chief of Staff Assistant to the Chief of Protocol Ambassador-At-Large (War Crimes) QQGS00014 Confidential Counsel to DSGS00425 Foreign Affairs Officer to DSGS60162 Staff Assistant to the the Deputy Director, Demand the Assistant Secretary Bureau of Assistant Secretary Reduction to the Deputy Director for Politico-Military Affairs Demand Reduction DSGS60009 Special Assistant to the DSGS60166 Attorney Advisor to the QQGS00015 Associate Deputy Secretary of State Deputy Assistant Secretary for Equal Director, State and Local Affairs to the DSGS60043 Foreign Affairs Research Employ Opportunity Deputy Director for State and Local Analyst to the Assistant Secretary for DSGS60177 Special Assistant to the Affairs International and Research Under Secretary for Arms Control and QQGS00082 Legislative Analyst to the DSGS60098 Program Officer (Director Security Affairs Associate Director, Legislative Affairs of Press Center) to the Principal DSGS60182 Special Assistant to the QQGS60002 Legislative Analyst Deputy Assistant Secretary Assistant Secretary for African Affairs (White House Liaison) to the DSGS60105 Special Assistant to the DSGS60184 Special Assistant to the Associate Director, Legislative Affairs Deputy Secretary QQGS60003 Deputy Press Secretary to Under Secretary for Arms Control and Security Affairs DSGS60191 Senior Policy Advisor to the Director the Assistant Secretary for Legislative QQGS60005 Press Secretary (Assistant DSGS60106 Special Assistant to the Under Secretary for Arms Control and and Intergovernmental Affairs Director) to the Director DSGS60192 Staff Assistant to the QQGS60006 Special Assistant to the Security Affairs DSGS60107 Member, Policy Planning Under Secretary for Arms Control and Director Security Affairs QQGS60007 Special Assistant to the Staff to the Director, Policy Planning DSGS60194 Senior Advisor to the Director Staff DSGS60110 Special Assistant to the Under Secretary for Arms Control and Office of the United States Trade Principal Deputy Assistant Secretary Security Affairs Representative DSGS60111 Public Affairs Specialist DSGS60195 Special Assistant to the TNGS00055 Deputy Assistant United to the Principal Deputy Assistant Assistant Secretary States Trade Representative for Secretary DSGS60201 Staff Assistant to the Congressional Affairs to the Assistant DSGS60112 Staff Assistant to the Under Secretary for Global Affairs United States Trade Representatives Director, Policy Planning Staff DSGS60216 Senior Advisor to the for Congressional Affairs DSGS60118 Special Assistant to the Assistant Secretary for Western TNGS00070 Deputy Assistant United Deputy Secretary Hemispheric Affairs States Trade Representative for DSGS60119 Special Advisor to the DSGS60224 Senior Advisor to the Congressional Affairs to the Assistant Assistant Secretary for East Asian and Assistant Secretary for South Asian United States Trade Representatives Pacific Affairs Affairs for Congressional Affairs DSGS60123 Special Assistant to the DSGS60248 Senior Advisor to the TNGS60011 Confidential Assistant to Office Director Coordinator for International the Chief of Staff DSGS60126 Staff Assistant to the Information Programs TNGS60013 Confidential Assistant to Deputy Secretary DSGS60249 Staff Assistant to the the Chief Agriculture Negotiator DSGS60128 Protocol Officer to the Deputy Secretary TNGS60019 Special Textile Negotiator Chief of Protocol DSGS60264 Public Affairs Specialist to the United States Trade DSGS60131 Special Assistant to the to the Principal Deputy Assistant Representative Legal Adviser Secretary

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DSGS60267 Foreign Affairs Officer to DSGS60410 Senior Advisor to the DSGS60500 Foreign Affairs Officer to the Principal Deputy Assistant Assistant Secretary for Western the Assistant Secretary for European Secretary Hemispheric Affairs and Canadian Affairs DSGS60292 Special Assistant to the DSGS60419 Staff Assistant to the Chief DSGS60503 Special Assistant to the Chief Financial Officer Financial Officer Assistant Secretary for East Asian and DSGS60315 Senior Advisor to the DSGS60420 Special Assistant to the Pacific Affairs Assistant Secretary for Democracy Assistant Secretary DSGS60505 Resource, Plans and Human Rights and Labor DSGS60421 Member, Policy Planning Policy Advisor to the Chief Financial DSGS60317 Senior Policy Advisor to Staff to the Director, Policy Planning Officer the Assistant Secretary for Legislative Staff DSGS60510 Special Assistant to the and Intergovernmental Affairs DSGS60429 Special Assistant to the Chief Financial Officer DSGS60319 Legislative Management Under Secretary for Arms Control and DSGS60514 Foreign Affairs Officer to Officer to the Assistant Secretary for Security Affairs the Assistant Secretary for Legislative and Intergovernmental DSGS60430 Legislative Management International and Research Affairs Officer to the Assistant Secretary for DSGS60519 Public Affairs Specialist DSGS60327 Staff Assistant to the Legislative and Intergovernmental to the Principal Deputy Assistant Under Secretary for Arms Control and Affairs Secretary Security Affairs DSGS60434 Special Assistant to the DSGS60520 Director, Office of Public DSGS60345 Public Affairs Specialist Senior Advisor to the Secretary and Liaison to the Assistant Secretary for to the Principal Deputy Assistant White House Liaison Public Affairs Secretary DSGS60437 Legislative Management DSGS60526 Special Assistant to the DSGS60355 Legislative Management Officer to the Assistant Secretary for Assistant Secretary for African Affairs Officer to the Assistant Secretary for Legislative and Intergovernmental DSGS60528 Special Assistant to the Legislative and Intergovernmental Affairs Chief of Protocol Affairs DSGS60441 Special Assistant to the DSGS60542 Public Affairs Specialist DSGS60357 Protocol Officer (Visits) to Principal Deputy Coordinator to the Assistant Secretary for Public the Deputy Chief of Protocol DSGS60445 Special Advisor to the Affairs DSGS60556 Special Advisor to the DSGS60360 Senior Advisor to the Assistant Secretary for Democracy Assistant Secretary for International Deputy Assistant Secy for Public Human Rights and Labor Organizational Affairs Affairs DSGS60447 Foreign Affairs Officer to DSGS60567 Senior Advisor to the DSGS60367 Special Advisor to the the Assistant Secretary for Western Assistant Secretary for Near Eastern Under Secretary for Arms Control and Hemispheric Affairs and South Asian Affairs Security Affairs DSGS60450 Special Assistant to the DSGS60587 Special Assistant to the DSGS60370 Program Officer to the Under Secretary for Public Diplomacy Assistant Secretary Bureau of Politico- Principal Deputy Assistant Secretary and Public Affairs Military Affairs DSGS60371 Staff Assistant to the DSGS60454 Member, Policy Planning DSGS60589 Special Adviser to the Under Secretary for Management Staff to the Director, Policy Planning Assistant Secretary for International DSGS60375 Correspondence Specialist Staff Organizational Affairs to the Assistant Secretary for DSGS60455 Special Assistant to the DSGS60591 Public Affairs Specialist Legislative and Intergovernmental Deputy Secretary (Press Officer) to the Principal Deputy Affairs DSGS60456 Staff Assistant to the Assistant Secretary DSGS60380 Public Affairs Specialist Assistant Secretary for East Asian and to the Principal Deputy Assistant Pacific Affairs Section 213.3305 Department of the Secretary DSGS60466 Foreign Affairs Officer to Treasury DSGS60381 Supervisory Protocol the Assistant Secretary for Western DYGS00321 Financial Analyst to the Officer (Visits) to the Deputy Chief of Hemispheric Affairs Director, Office of Specialized Protocol DSGS60474 Public Affairs Specialist Development Institutions DSGS60388 Special Assistant to the to the Assistant Secretary for DYGS00328 Deputy Assistant Deputy Assistant Secretary International Organizational Affairs Secretary (Policy Coordination) to the DSGS60389 Senior Advisor to the DSGS60477 Special Assistant to the Assistant Secretary (Economic Policy) Assistant Secretary Assistant Secretary for African Affairs DYGS00356 Director, Critical DSGS60390 Special Assistant to the DSGS60479 Senior Technical Advisor Infrastructure Policy and Compliance Chief Financial Officer to the Office Director Policy to the Deputy Assistant DSGS60393 Special Assistant to the DSGS60481 Administrative Officer to Secretary (Critical Infrastructure Deputy Assistant Secretary the Under Secretary for Management Protection and Compliance Policy) DSGS60394 Legislative Management DSGS60486 Foreign Affairs Officer to DYGS00375 Director of Legislative and Officer to the Assistant Secretary for the Assistant Secretary for Democracy Governmental Affairs to the Director Legislative and Intergovernmental Human Rights and Labor of the Mint Affairs DSGS60490 Staff Assistant to the DYGS00377 Special Assistant to the DSGS60395 Director, Art in Embassies Senior Advisor to the Secretary and Chief of Staff Program to the Deputy Assistant White House Liaison DYGS00400 Special Assistant to the Secretary DSGS60493 Special Assistant to the Assistant Secretary (Management) and DSGS60396 Program Officer to the Assistant Secretary for African Affairs Chief Financial Officer Assistant Secretary DSGS60498 Legislative Management DYGS00416 Special Assistant to the DSGS60399 Confidential Assistant to Officer to the Assistant Secretary for Deputy Assistant Secretary for the Secretary of State Legislative and Intergovernmental Management and Budget DSGS60409 Public Affairs Specialist Affairs DYGS00423 Special Assistant to the to the Assistant Secretary for Western DSGS60499 Senior Advisor to the Director of Strategic Planning, Hemispheric Affairs Assistant Secretary Scheduling and Advance

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DYGS00424 Senior Advisor to the DYGS60412 Special Assistant for (Command, Control, Community and Assistant Secretary (Economic Policy) Advance to the Director of Strategic Intelligence) DYGS00425 Special Assistant to the Planning, Scheduling and Advance DDGS16651 Defense Fellow to the Assistant Secretary (Deputy Under DYGS60417 Senior Advisor to the Special Assistant to the Secretary of Secretary) International Affairs Principal Deputy Assistant Secretary Defense for White House Liaison DYGS00429 Executive Assistant to the (Government Financial Policy) DDGS16652 Defense Fellow to the Secretary DYGS60418 Special Assistant to the Special Assistant to the Secretary of DYGS00430 Senior Advisor to the Deputy Chief of Staff Defense for White House Liaison Under Secretary for Domestic Finance DYGS60421 Special Assistant to the DDGS16653 Protocol Officer to the DYGS00431 Senior Advisor to the Assistant Secretary (Deputy Under Director of Protocol Deputy Assistant Secretary for Secretary) Legislative Affairs DDGS16654 Staff Assistant to the Management and Budget DYGS61059 Tax Legislative Advisor to Deputy Assistant Secretary of Defense the Assistant Secretary (Tax Policy) DYGS00432 Special Assistant to the (Eurasia) Deputy Assistant Secretary and Chief Section 213.3306 Office of the Secretary DDGS16657 Defense Fellow to the Human Capital Officer of Defense Special Assistant to the Secretary of Defense for White House Liaison DYGS60139 Director of Strategic DDGS00463 Special Assistant to the Planning, Scheduling and Advance to DDGS16660 Director of Assessments Principal Deputy Under Secretary of to the Deputy Under Secretary of the Chief of Staff Defense (Comptroller) and Deputy DYGS60230 Public Affairs Specialist Defense (International Technology Under Secretary of Defense Security) to the Director, Public Affairs (Management Reform) DYGS60250 Director, Public Affairs to DDGS16666 Defense Fellow to the DDGS00612 Special Assistant to the Special Assistant to the Secretary of the Deputy Assistant Secretary (Public Director, Program Analysis and Defense for White House Liaison Affairs) Evaluation to the Director, Program DYGS60277 Speechwriter to the DDGS16667 Public Affairs Specialist Analysis and Evaluation to the Deputy Assistant Secretary of Assistant Secretary (Public Affairs DDGS00658 Staff Assistant to the Defense for Public Affairs and Public Liaison) Deputy Assistant Secretary of Defense (Communications) DYGS60307 Special Assistant to the (Eurasia) DDGS16668 Special Assistant to the Treasurer of the United States DDGS00661 Staff Assistant to the Assistant Secretary of Defense (Public DYGS60317 Public Affairs Specialist Assistant Secretary of Defense Affairs) to the Director, Public Affairs (International Secretary Policy) DDGS16669 Defense Fellow to the DYGS60318 Deputy to the Assistant DDGS00663 Staff Assistant and Special Assistant to the Secretary of Secretary to the Assistant Secretary Regional Director for the Levant to the Deputy Under Secretary of Defense Defense for White House Liaison (Deputy Under Secretary) Legislative DDGS16670 Defense Fellow to the Affairs (Special Plans and Near East/South Asian Affairs) Special Assistant to the Secretary of DYGS60351 Public Affairs Specialist Defense for White House Liaison to the Director, Public Affairs DDGS00664 Staff Assistant to the Assistant Secretary of Defense DDGS16679 Staff Specialist to the DYGS60359 Senior Advisor for Latin Deputy Under Secretary of Defense American and Caribbean Nations to (International Secretary Policy) DDGS00665 Staff Assistant to the (Logistics and Materiel Readiness) the Assistant Secretary (Deputy Under DDGS16683 Staff Assistant to the Secretary) International Affairs Principal Deputy Assistant Secretary of Defense (Special Operations/Low Deputy Under Secretary of Defense DYGS60362 Special Assistant to the (Special Plans and Near East/South Assistant Secretary (Financial Intensity Conflict) DDGS00673 Staff Assistant to the Asian Affairs) Institutions) DDGS16685 Administrative Assistant DYGS60364 Deputy Assistant Deputy Under Secretary of Defense (Special Plans and Near East/South to the Special Assistant to the Secretary to the Assistant Secretary Secretary of Defense for White House (Financial Institutions) Asian Affairs) DDGS00682 Staff Assistant to the Liaison DYGS60381 Special Assistant to the Deputy Assistant Secretary of Defense DDGS16689 Defense Fellow to the Assistant Secretary (Deputy Under (Asia and Pacific) Special Assistant to the Secretary of Secretary) Legislative Affairs DDGS00685 Staff Assistant to the Defense for White House Liaison DYGS60395 Deputy Executive Deputy Under Secretary of Defense DDGS16693 Defense Fellow to the Secretary for Policy Coordination to (Special Plans and Near East/South Special Assistant to the Secretary of the Executive Secretary Asian Affairs) Defense for White House Liaison DYGS60396 Senior Advisor to the DDGS00688 Special Assistant to the DDGS16707 Defense Fellow to the Deputy Assistant Secretary (Public Principal Deputy Under Secretary of Special Assistant to the Secretary of Liaison) to the Deputy Assistant Defense for Policy to the Principal Defense for White House Liaison Secretary (Public Liaison) Deputy Under Secretary of Defense for DDGS60001 Staff Specialist to the DYGS60401 Special Assistant for Policy Under Secretary of Defense Advance to the Director of Strategic DDGS02518 Chief of Staff to the (Acquisition, Technology, and Planning, Scheduling and Advance Inspector General Logistics) DYGS60404 Senior Advisor to the DDGS16620 Staff Specialist to the Section 213.336 Office of the Secretary Assistant Secretary (Financial Director, Small and Disadvantaged of Defense Institutions) Business Utilities DYGS60405 Special Assistant to the DDGS16638 Special Advisor to the DDGS60003 Special Assistant to the Assistant Secretary (Deputy Under Under Secretary of Defense (Policy) to Deputy Under Secretary of Defense Secretary) Legislative Affairs the Under Secretary of Defense for (International Technology Security) DYGS60411 Special Assistant to the Policy DDGS60007 Personal and Confidential Assistant Secretary (Public Affairs DDGS16648 Confidential Assistant to Assistant to the Assistant to the and Public Liaison) the Assistant Secretary of Defense Secretary of Defense (Nuclear,

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Chemical and Biological Defense DDGS60469 Special Assistant Defense (Strategic Communications Programs) (Communications) to the Principal Planning) DDGS60033 Personal Secretary to the Deputy Assistant Secretary of Defense DDGS60669 Public Affairs Specialist Deputy Secretary of Defense (Legal Affairs) to the Deputy Assistant Secretary of DDGS60270 Confidential Assistant to DDGS60470 Defense Fellow to the Defense (Strategic Communications the Executive Secretary to the Senior Special Assistant to the Secretary of Planning) Executive Council Defense for White House Liaison DDGS60672 Defense Fellow to the DDGS60271 Private Secretary to the DDGS60471 Public Affairs Specialist Special Assistant to the Secretary of Assistant Secretary of Defense to the Deputy Assistant Secretary of Defense for White House Liaison (Reserve Affairs) Defense (Strategic Communications DDGS60677 Research Assistant to the DDGS60273 Civilian Executive Planning) Deputy Assistant Secretary of Defense Assistant to the Special Assistant to DDGS60473 Personal and Confidential (Strategic Communications Planning) the Secretary of Defense for White Assistant to the Assistant Secretary of House Liaison Defense (International Security DDGS60680 Confidential Assistant to DDGS60274 Staff Assistant to the Affairs) the Deputy Secretary of Defense Special Assistant to the Secretary of DDGS60474 Special Assistant to the DDGS60686 Personal and Confidential Defense for White House Liaison Principal Deputy Assistant Secretary Assistant to the General Counsel DDGS60275 Confidential Assistant to of Defense (Special Operations/Low DDGS60687 Defense Fellow to the the Assistant Secretary of Defense Intensity Conflict) Special Assistant to the Secretary of (Force Management Policy) DDGS60475 Staff Assistant to the Defense for White House Liaison DDGS60278 Special Assistant to the Deputy Assistant Secretary of Defense DDGS60690 Personal and Confidential Inspector General (Forces Policy) Assistant to the Secretary of Defense DDGS60280 Special Assistant to the DDGS60518 Public Affairs Specialist DDGS60691 Special Policy Advisor to Principal Deputy Assistant Secretary to the Assistant Secretary of Defense the Under Secretary of Defense for of Defense (Legal Affairs) Public Affairs Policy DDGS60283 Special Assistant to the DDGS60520 Special Assistant to the DDGS60694 Staff Assistant to the Principal Deputy Assistant Secretary Deputy Assistant Secretary of Defense Assistant Secretary of Defense of Defense (Legal Affairs) (Prisoners of War/Military Police)/ (International Security Affairs) DDGS60305 Personal and Confidential Director, Prisoners of War Missing DDGS60695 Defense Fellow to the Assistant to the Under Secretary of Persons Office Special Assistant to the Secretary of Defense (Personnel and Readiness) DDGS60530 Writer-Editor to the Defense for White House Liaison DDGS60307 Confidential Assistant to Public Affairs Specialist DDGS60697 Deputy White House the Special Assistant to the Secretary DDGS60580 Staff Assistant to the Liaison to the Special Assistant to the and Deputy Secretary of Defense Assistant Secretary of Defense Secretary of Defense for White House DDGS60312 Director, Cooperative (International Secretary Policy) Threat Reduction to the Assistant DDGS60584 Writer-Editor to the Liaison Secretary of Defense (International Assistant Secretary of Defense Public DDGS60699 Special Advisor to the Secretary Policy) Affairs Under Secretary of Defense for Policy DDGS60314 Coordinator of Reserve DDGS60585 Special Assistant to the Section 213.3307 Department of the Integration to the Principal Deputy Assistant Secretary of Defense Public Army Assistant Secretary of Defense Affairs (Reserve Affair) DDGS60611 Personal and Confidential DWGS00080 Confidential Assistant to DDGS60317 Director of Protocol to the Assistant to the Secretary of Defense the General Counsel Special Assistant to the Secretary and DDGS60615 Defense Fellow to the DWGS00081 Assistant for Water Deputy Secretary of Defense Special Assistant to the Secretary of Resources Policy to the Deputy DDGS60318 Defense Fellow to the Defense for White House Liaison Assistant Secretary of the Army Special Assistant to the Secretary of DDGS60620 Speech Writer to the (Legislation) Defense for White House Liaison Special Assistant for Speechwriting DWGS00085 Personal and DDGS60319 Confidential Assistant to DDGS60621 Defense Fellow to the Confidential Assistant to the Assistant the Deputy Secretary of Defense Special Assistant to the Secretary of Secretary Army (Installations, DDGS60320 Personal and Confidential Defense for White House Liaison Logistics and Environment) Assistant to the Secretary of Defense DDGS60623 Public Affairs Specialist DWGS60001 Executive Staff Assistant DDGS60332 Personal and Confidential to the Assistant Secretary of Defense to the Secretary of the Army Assistant to the Assistant Secretary of Public Affairs DWGS60002 Special Assistant to the Defense (International Security DDGS60625 Executive Assistant to the Secretary of the Army Special Assistant to the Secretary of Affairs) DWGS60003 Special Assistant to DDGS60333 Speechwriter to the Defense for White House Liaison Army General Counsel Special Assistant for Speechwriting DDGS60643 Personal and Confidential DDGS60368 Personal and Confidential Assistant to the Under Secretary of DWGS60005 Confidential Assistant to Assistant to the Assistant Secretary of Defense (Acquisition, Technology, the Under Secretary of the Army Defense (Legislative Affairs) and Logistics) DWGS60006 Special Assistant to the DDGS60454 Special Assistant to the DDGS60650 Electronic Commerce Assistant Secretary of the Army Director of Net Assessment Specialist to the Deputy Assistant (Installations, Logistics and DDGS60456 Director, Management Secretary of Defense (Deputy Chief Environment) Initiatives to the Under Secretary of Information Officer) DWGS60025 Personal and Defense (Personnel and Readiness) DDGS60651 Personal and Confidential Confidential Assistant to the Assistant DDGS60457 Special Assistant (Joint Assistant to the Under Secretary of Secretary of the Army (Financial Chiefs of Staff) to the Special Defense (Comptroller) Management and Comptroller) Assistant to the Secretary of Defense DDGS60668 Public Affairs Specialist DWGS60026 Special Assistant to the for White House Liaison to the Deputy Assistant Secretary of General Counsel

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Section 213.3308 Department of the DJGS00235 Senior Advisor to the DJGS60187 Counsel to the Assistant Navy Director, Office of Public Affairs Attorney General Civil Division DNGS00064 Confidential Assistant to DJGS00275 Counsel to the Assistant DJGS60188 Attorney Advisor to the the Assistant Secretary of Navy Attorney General (Legal Policy) Assistant Attorney General Civil DJGS00282 Special Assistant to the (Installations and Environment) Division DNGS00070 Confidential Assistant to Assistant Attorney General (Legal DJGS60189 Attorney Advisor to the the Assistant Secretary of the Navy Policy) Assistant Attorney General Civil DJGS00330 Special Assistant to the (Research Development and Division Director DJGS60190 Senior Counsel to the Acquisition) DJGS00332 Special Assistant to the Assistant Attorney General (Legal DNGS60001 Residence Manager and Assistant Attorney General Policy) Social Secretary to the Deputy DJGS00380 Principal Deputy Director DJGS60198 Special Assistant to the Assistant Secretary of the Navy to the Director, Office of Public Assistant Attorney General Criminal (Installations and Facilities) Affairs Division DNGS60056 Confidential Assistant to DJGS00440 Staff Assistant to the DJGS60199 Counsel to the Director, the Assistant Secretary Financial Assistant Attorney General Tax Office of International Affairs Management Division DJGS60208 Confidential Assistant to DNGS60066 Staff Assistant to the DJGS00441 Counsel to the Assistant the Director, Office of Public Affairs Secretary of the Navy Attorney General Tax Division DJGS60233 Attorney Advisor to the DNGS60071 Special Assistant to the DJGS60014 Deputy Administrator to Assistant Attorney General Civil Secretary of the Navy the Administrator Juvenile Justice Division Section 213.3309 Department of the Delinquency Prevention DJGS60242 Attorney Advisor to the Air Force DJGS60015 Deputy Director to the Assistant Attorney General Civil Director, National Institute of Justice Division DFGS60007 Confidential Assistant to DJGS60016 Staff Assistant to the DJGS60246 Counsel to the Assistant the Assistant Secretary (Financial Director, Bureau of Justice Statistics Attorney General Environment and Management and Comptroller) DJGS60017 Special Assistant to the Natural Resources DFGS60042 Special Assistant for Director, Office of Domestic DJGS60256 Senior Counsel for Voting Community Relations to the Special Preparedness Reform to the Assistant Attorney Assistant for Policy and Planning DJGS60019 Special Assistant to the General DFGS60044 Confidential Assistant to Chairman DJGS60266 Press Aide to the Director, the Secretary DJGS60020 Director, Office of Police Office of Public Affairs Section 213.3310 Department of Corps and Law Enforcement DJGS60267 Counsel to the Assistant Justice Education to the Principal Deputy Attorney General to the Assistant Assistant Attorney General Attorney General DJGS00030 Research Assistant to the DJGS60023 Special Assistant for DJGS60268 Counsel to the Assistant Director, Office of Public Affairs International Protocol to the Director, Attorney General DJGS00031 Special Assistant to the Office of International Affairs DJGS60270 Special Assistant to the Assistant Attorney General Criminal DJGS60024 Special Assistant to the Assistant Attorney General Division Administrator, Drug Enforcement DJGS60272 Deputy Director and DJGS00032 Public Affairs Specialist to Administration Counsel, Faith-Based Task Force to the Director, Office of Public Affairs DJGS60038 Secretary (Office the Principal Deputy Assistant DJGS00033 Counsel to the Assistant Automation) to the United States Attorney General Attorney General Attorney DJGS60277 Director of Scheduling and DJGS00035 Counsel (Senior Attorney) DJGS60040 Secretary (Office Advance to the Attorney General to the Administrator, Drug Automation) to the United States DJGS60279 Deputy Director to the Enforcement Administration Attorney Senior Counsel to the Assistant DJGS00076 Public Affairs Specialist to DJGS60070 Attorney Advisor to the Attorney General the United States Attorney Assistant Attorney General Civil DJGS60293 Special Assistant to the DJGS00101 Special Assistant to the Division Deputy Attorney General Director, Office of Public Affairs DJGS60115 Special Assistant to the DJGS60322 Counsel to the Assistant DJGS00116 Special Assistant to the Director Attorney General (Legal Policy) Director DJGS60129 Special Counsel to the DJGS60346 Deputy Director and DJGS00141 Special Assistant to the Assistant Attorney General Senior Advisor to the Director, Office Assistant Attorney General Criminal DJGS60144 Special Assistant to the of Public Affairs Division Solicitor General DJGS60367 Confidential Assistant to DJGS00191 Counsel to the Assistant DJGS60165 Counsel to the Associate the Attorney General Attorney General Civil Division Attorney General to the Associate DJGS60383 Assistant to the Attorney DJGS00216 Special Assistant to the Attorney General General, Scheduling and Advance to Director of the Bureau of Justice DJGS60172 Secretary (Office the Director of Scheduling and Assistance Automation) to the United States Advance DJGS00218 Special Assistant to the Attorney DJGS60388 Staff Assistant to the Assistant Attorney General for Justice DJGS60173 Secretary (Office Director Programs Automation) to the United States DJGS60406 Public Affairs Spec to the Attorney Director, Office of Public Affairs Section 213.3310 Department of DJGS60174 Secretary (Office DJGS60409 Staff Assistant to the Justice Automation) to the United States Assistant Attorney General for Justice DJGS00219 Principal Deputy Director Attorney Programs to the Director of the Bureau of Justice DJGS60176 Public Affairs Specialist to DJGS60417 Public Affairs Specialist to Assistance the Director, Office of Public Affairs the United States Attorney

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DJGS60418 Secretary (Office DMGS00019 Executive Secretariat to DMGS00069 Special Assistant to the Automation) to the United States the Under Secretary for Border and Under Secretary for Management Attorney Transportation Security DMGS00073 Staff Assistant to the DJGS60420 Secretary (Office DMGS00021 Press Secretary to the Executive Secretary Automation) to the United States Assistant Secretary for Public Affairs DMGS00080 Director of Attorney DMGS00022 Advance Representative Communications for Immigration and DJGS60423 Secretary (Office to the Chief of Staff Customs Enforcement to the Assistant Automation) to the United States DMGS00024 Business Liaison to the Secretary for Public Affairs Attorney Special Assistant DMGS00081 Executive Assistant to the DJGS60426 Secretary (Office DMGS00026 Staff Assistant to the Executive Director, Homeland Automation) to the United States Special Assistant Security Advisory Council Attorney DMGS00027 Scheduler to the DMGS00085 Confidential Assistant to DJGS60427 Secretary (Office Secretary of the Department of the Assistant Secretary for Automation) to the United States Homeland Security Information Analysis Attorney DMGS00028 Personal Assistant to the DMGS00089 Executive Assistant to the DJGS60429 Secretary (Office Secretary of the Department of Under Secretary for Emergency Automation) to the United States Homeland Security Preparedness and Response Attorney DMGS00029 Research Assistant to the DMGS70008 Deputy Chief of Staff/ DJGS60430 Secretary (Office Assistant Secretary for Public Affairs White House Liaison to the Director, Automation) to the United States DMGS00041 Executive Assistant to the Federal Emergency Management Attorney Under Secretary for Science and Agency DJGS60436 Secretary (Office Technology DMGS70009 Special Assistant to the Automation) to the United States DMGS00043 Policy Analyst to the Chief Information Officer to the Attorney Under Secretary for Border and Assistant Director/Chief Information DJGS60437 Secretary (Office Transportation Security Officer DMGS00044 Special Assistant to the Automation) to the United States DMGS70011 Advisor for Media Affairs Assistant Secretary for Infrastructure Attorney to the Director Protection DMGS70014 Special Assistant to the DJGS60439 Senior Advisor to the DMGS00045 Staff Assistant to the Division Director Assistant Attorney General Tax Under Secretary for Science and DMGS70015 Special Assistant to the Division Technology Deputy Director, Federal Emergency DJGS60445 Special Assistant to the DMGS00046 Information Technology Management Agency Director, Community Relations Specialist (Internet) to the Assistant DMGS70018 Special Assistant Service Secretary for Public Affairs (Coordination/Advance) to the DJGS60448 Secretary (Office DMGS00047 Staff Assistant to the Director, Federal Emergency Automation) to the United States Director, State and Local Affairs Management Agency Attorney DMGS00049 Press Secretary (Science DMGS70019 Executive Assistant to the Section 213.3311 Department of and Technology) to the Assistant Assistant Director Homeland Security Secretary for Public Affairs DMGS70020 Staff Assistant to the DMGS00050 Director of Speechwriting Assistant Director DMGS00002 Scheduler to the to the Assistant Secretary for Public DMGS70023 Assistant Division Secretary of the Department of Affairs Director, Congressional and Homeland Security DMGS00051 Business Analyst to the Intergovernmental Affairs to the DMGS00004 Executive Assistant to the Special Assistant Director, Congressional and Secretary of the Department of DMGS00056 Scheduler to the Under Intergovernmental Affairs Homeland Security Secretary for Management DMGS72017 Deputy Director, Public DMGS00005 Executive Assistant to the DMGS00057 Director, Local Affairs to Affairs Division to the Director Secretary of the Department of the Director, State and Local Affairs Homeland Security DMGS00058 Special Assistant to the Section 213.3312 Department of the DMGS00009 White House Liaison to Director, Bureau of Citizenship and Interior the Chief of Staff Immigration Services DIGS01000 Special Assistant to the DMGS00010 Deputy White House DMGS00059 Director for State Affairs Director Minerals Management Liaison to the White House Liaison to the Director, State and Local Affairs Service DMGS00012 Special Assistant for DMGS00060 Executive Assistant to the DIGS01001 Special Assistant— Special Projects to the Chief of Staff Assistant Secretary for Plans, Scheduling and Advance to the DMGS00013 Special Assistant to the Programs and Budgets Director of Scheduling and Advance Assistant Secretary for Public Affairs DMGS00061 Press Assistant to the DIGS01003 Special Assistant—Lewis DMGS00014 Special Assistant to the Assistant Secretary for Public Affairs and Clark to the Director, External Assistant Secretary for Public Affairs DMGS00063 Business Liaison to the and Intergovernmental Affairs DMGS00015 Speechwriter to the Special Assistant DIGS01009 Press Secretary to the Assistant Secretary for Public Affairs DMGS00066 Associate Executive Director, Office of Communications DMGS00016 Assistant Press Secretary Secretary (Internal Coordination) to DIGS01010 Special Advisor for to the Assistant Secretary for Public the Executive Secretary Economic Policy to the Deputy Affairs DMGS00067 Deputy Press Secretary to Assistant Secretary—Insular Affairs DMGS00017 Executive Assistant to the the Assistant Secretary for Public DIGS01013 Special Assistant to the Inspector General Affairs White House Liaison DMGS00018 Special Assistant to the DMGS00068 Staff Assistant to the DIGS01016 Counselor to the Assistant Under Secretary for Border and Deputy Secretary of the Department of Secretary—Indian Affairs to the Transportation Security Homeland Security Assistant Secretary of Indian Affairs

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DIGS01017 Hispanic Media Outreach DIGS60560 Associate Director—Senate DAGS00184 Confidential Assistant to Coordinator to the Director, Office of to the Director, Congressional and the Assistant Secretary for Communications Legislative Affairs Congressional Relations DIGS60019 Deputy Director to the DIGS60561 Special Assistant to the DAGS00185 Confidential Assistant to Director, External and Secretary for Alaska to the Chief of the Assistant Secretary for Intergovernmental Affairs Staff Congressional Relations DIGS60025 Special Assistant to the DIGS60567 White House Liaison to the DAGS00186 White House Liaison to Secretary Chief of Staff the Secretary DIGS60037 Hispanic Media Outreach DAGS00187 Confidential Assistant to Coordinator to the Director, Office of Section 213.3313 Department of the Deputy Secretary Communications Agriculture DAGS00188 Special Assistant to the DIGS60068 Associate Director to the DAGS00139 Director of External Director, Intergovernmental Affairs Director, Congressional and Affairs to the Administrator for Risk DAGS00189 Director, Native American Legislative Affairs Management Programs to the Assistant Secretary DIGS60073 Speechwriter to the DAGS00154 Special Assistant to the for Administration Director, Office of Communications Chief of Staff DAGS00191 Special Assistant to the DIGS60075 Chief, Congressional and DAGS00155 Deputy Executive Administrator, Farm Service Agency Legislative Affairs to the Director, Director, Center for Nutrition Policy DAGS60035 Staff Assistant to the External and Intergovernmental and Promotion to the Executive Administrator for Risk Management Affairs Director, Center for Nutrition Policy DAGS60105 Confidential Assistant to DIGS60086 Special Assistant to the and Promotion the Chief of Staff Director Minerals Management DAGS00157 Special Assistant to the DAGS60110 Confidential Assistant to Service Under Secretary for Research, the Secretary DIGS60091 Special Assistant to the Education and Economics DAGS60111 Confidential Assistant to Director, External and DAGS00158 Director of Constituent the Under Secretary for Marketing and Intergovernmental Affairs Affairs to the Deputy Chief of Staff Regulatory Programs DIGS60092 Special Assistant to the DAGS00160 Special Assistant to the DAGS60114 Confidential Assistant to Director, External and Administrator to the Administrator, the Deputy Secretary DAGS60116 Confidential Assistant to Intergovernmental Affairs Farm Service Agency the Under Secretary for Rural DIGS60095 Special Assistant- DAGS00161 Confidential Assistant to Development Communications to the Assistant the Chief to the Chief, Natural DAGS60119 Director, Legislative and Secretary of Indian Affairs Research Conservation Service Intergovernmental Affairs to the DIGS60103 Special Assistant to the DAGS00164 Director of Web Design to Under Secretary for Research, Assistant Secretary of Indian Affairs the Deputy Chief of Staff Education and Economics DIGS60118 Counselor to Assistant DAGS00165 Special Assistant for the DAGS60121 Confidential Assistant to Secretary-Indian Affairs to the Office of Homeland Security to the the Chief Financial Officer Assistant Secretary of Indian Affairs Secretary DIGS60124 Special Assistant to the DAGS60123 Special Assistant to the DAGS00166 Confidential Assistant to Director, United States Fish and Under Secretary for Natural Resources the Confidential Assistant Wildlife Service and Environment DAGS00169 Director of Hispanic DIGS60129 Special Assistant to the DAGS60127 Confidential Assistant to Outreach to the Deputy Chief of Staff Assistant Secretary for Fish and the Assistant Secretary for DAGS00170 Confidential Assistant to Wildlife and Parks Congressional Relations DIGS60141 Director of Scheduling and the Administrator to the DAGS60129 Special Assistant to the Advance to the Chief of Staff Administrator for Risk Management Administrator for Risk Management DIGS60150 Special Assistant to the DAGS00171 Confidential Assistant to DAGS60130 Confidential Assistant to Assistant Secretary Policy the Under Secretary for Rural the Deputy Assistant Secretary for Management and Budget Development Administration DIGS60151 Special Assistant to the DAGS00172 Confidential Assistant to DAGS60131 Director of Advance to Deputy Secretary of the Interior the Assistant Secretary for the Director of Communications DIGS60490 Special Assistant Congressional Relations DAGS60132 Special Assistant to the (Advance) to the Deputy Chief of Staff DAGS00174 Confidential Assistant to Under Secretary for Food Safety DIGS60518 Special Assistant to the the Assistant Secretary for DAGS60135 Confidential Assistant to Director Bureau of Land Management Congressional Relations the Administrator, Foreign DIGS60525 Special Assistant to the DAGS00176 Confidential Assistant to Agricultural Service Assistant Secretary-Land and the Assistant Secretary for DAGS60137 Special Assistant to the Minerals Management Congressional Relations Administrator DIGS60526 Special Assistant to the DAGS00178 Confidential Assistant to DAGS60138 Special Assistant to the Chief of Staff the Under Secretary for Marketing and Administrator DIGS60531 Special Assistant to the Regulatory Programs DAGS60140 Confidential Assistant to Solicitor DAGS00179 Special Assistant to the the Director, Office of Small and DIGS60535 Special Assistant to the Administrator for Risk Management Disadvantaged Business Utilization Assistant Secretary for Water and DAGS00181 Special Assistant to the DAGS60147 Confidential Assistant to Science Under Secretary for Natural Resources the Administrator, Rural Housing DIGS60551 Special Assistant for and Environment Service Scheduling and Advance to the DAGS00182 Special Assistant to the DAGS60151 Special Assistant to the Deputy Chief of Staff Chief to the Chief, Natural Research Administrator for Risk Management DIGS60559 Special Assistant for Conservation Service DAGS60159 Special Assistant to the Scheduling and Advance to the DAGS00183 Director, Tobacco Administrator, Foreign Agricultural Deputy Chief of Staff Programs to the Deputy Administrator Service

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DAGS60231 Director, Legislative and DCGS00321 Director, Office of Public DCGS60181 Senior Advisor to the Public Affairs Staff to the Deputy Affairs to the Under Secretary for Assistant Secretary for Under Secretary for Rural International Trade Telecommunications and Information Development DCGS00368 Congressional Affairs DCGS60189 Special Assistant to the DAGS60263 Special Assistant to the Specialist to the Director, Office of Assistant Secretary for Chief, Natural Research Conservation Legislative Affairs Telecommunications and Information Service DCGS00380 Confidential Assistant to DCGS60193 Special Assistant to the DAGS60275 Confidential Assistant to the Deputy Assistant Secretary for Deputy Assistant Secretary for Service the Assistant Secretary for Export Promotion Services Industries, Tourism and Finance Congressional Relations DCGS00388 Confidential Assistant to DCGS60194 Special Assistant to the DAGS60332 Confidential Assistant to the Executive Director, Office of Chief of Staff the Administrator Export Assistance and Business DCGS60225 Director, Congressional DAGS60355 Director of Speech Outreach and Public Affairs to the Under Writing to the Director of DCGS00444 Senior Advisor to the Secretary for Export Administration Communications Assistant Secretary for Economic DCGS60228 Special Assistant for DAGS60369 Staff Assistant to the Development National Marine Fisheries Service to Deputy Chief of Staff DCGS00452 Confidential Assistant to the Director, Office of Legislative DAGS60377 Confidential Assistant to the Chief of Staff Affairs the Administrator DCGS00462 Senior Counsel to the DCGS60232 Chief Counsel to the DAGS60384 Confidential Assistant to Assistant Secretary and Commissioner Assistant Secretary for Economic the Secretary of Patents and Trademarks Development DAGS60386 Special Assistant to the DCGS00488 Special Assistant to the DCGS60261 Deputy Communications Administrator Director, Executive Secretariat Director to the Director of DAGS60415 Confidential Assistant to DCGS00507 Confidential Assistant to Communications the Administrator the Deputy Assistant Secretary for DCGS60276 Executive Assistant to the DAGS60422 Confidential Assistant to Export Promotion Services Under Secretary for Economic Affairs the Administrator, Farm Service DCGS00529 Policy Advisor to the DCGS60282 Special Assistant to the Agency Deputy Assistant Secretary for Energy, Assistant Secretary for Congressional DAGS60427 Confidential Assistant to Environment and Materials and Intergovernmental Affairs the Chief of Staff DCGS00531 Confidential Assistant to DCGS60287 Confidential Assistant to DAGS60436 Confidential Assistant to the Deputy Assistant Secretary for the Assistant Secretary for Export the Administrator Transportation and Machinery Administration DAGS60451 Special Assistant to the DCGS00536 Speechwriter to the DCGS60289 Intergovernmental Affairs Administrator, Farm Service Agency Director for Speechwriting Specialist to the Director—Office of DAGS60486 Deputy Press Secretary to DCGS00540 Confidential Assistant to Organization and Management the Deputy Chief of Staff the Deputy Chief of Staff Systems DAGS60534 Confidential Assistant to DCGS00570 Senior Policy Advisor to DCGS60290 Special Assistant to the the Director of Communications the Assistant to the Secretary and Director, Office of Business Liaison DAGS60556 Confidential Assistant to Director, Office of Policy and Strategic DCGS60291 Public Affairs Specialist the Administrator, Animal and Plant Planning to the Deputy Director, Office of Health Inspection Service DCGS00611 Senior Advisor to the Public Affairs DAGS60565 Confidential Assistant to Under Secretary for International DCGS60292 Legislative Affairs the Administrator, Animal and Plant Trade Specialist to the Assistant Secretary Health Inspection Service DCGS00623 Special Assistant to the for Congressional and DAGS60566 Confidential Assistant to Assistant Secretary for Market Access Intergovernmental Affairs the Administrator and Compliance DCGS60302 Director of External DAGS60592 Special Assistant to the DCGS00631 Policy Advisor to the Affairs to the Director, Office of Administrator, Farm Service Agency Director, Office of Legislative Affairs Public and Constituent Affairs DCGS00652 Confidential Assistant to DCGS60308 Special Assistant to the Section 213.3314 Department of the Director of Public Affairs Executive Director, Office of Export Commerce DCGS00653 Deputy Director, Office of Assistance and Business Outreach DCGS00072 Director, Public Affairs to the Director of Public DCGS60309 Senior Advisor to the Intergovernmental Affairs to the Affairs Director, Minority Business Deputy Assistant Secretary for DCGS00658 Confidential Assistant to Development Agency Programs Research and Evaluation the Under Secretary for International DCGS60317 Confidential Assistant to DCGS00160 Confidential Assistant to Trade the Assistant Secretary for Trade the Deputy Assistant Secretary for DCGS00684 Director for Development Export Promotion Services Speechwriting to the Director of DCGS60326 Confidential Assistant to DCGS00237 Special Assistant to the Public Affairs the Deputy Assistant Secretary for Assistant Secretary for Trade DCGS00686 Director of Advance to the Domestic Operations Development Chief of Staff DCGS60330 Special Assistant to the DCGS00252 Confidential Assistant to DCGS00689 Special Assistant to the Director Advocacy Center the Director, Executive Secretariat Director, Office of External Affairs DCGS60342 Deputy Director to the DCGS00267 Confidential Assistant to DCGS60004 Deputy Director to the Director, Office of White House the Under Secretary for Export Director, Executive Secretariat Liaison Administration DCGS60173 Senior Advisor to the DCGS60343 Confidential Assistant to DCGS00275 Special Assistant to the Assistant Secretary for Economic the Deputy Assistant Secretary for Director, Office of Business Liaison Development Export Promotion Services

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DCGS60354 Public Affairs Specialist DCGS60544 Senior Advisor to the DLGS60077 Special Assistant to the to the Assistant Secretary for Under Secretary for International Chief Financial Officer Telecommunications and Information Trade DLGS60089 Staff Assistant to the DCGS60372 Senior Policy Advisor to DCGS60551 Legislative Specialist to Executive Secretary the Under Secretary Oceans and the Assistant Secretary for DLGS60091 Special Assistant to the Atmosphere (Administrator National Congressional and Intergovernmental Assistant Secretary for Administration Oceanic and Atmospheric Affairs and Management Administration) DCGS60573 Special Assistant to the DLGS60093 Special Assistant to the DCGS60384 Public Affairs Specialist Assistant Secretary and Director Secretary of Labor to the Assistant Director for General of United States/For DLGS60094 Director of Media Affairs Operations Commercial Services to the Assistant Secretary for Public DCGS60385 Senior Analyst to the DCGS60583 Special Assistant to the Affairs Director Assistant Secretary for Administrator DLGS60099 Special Assistant to the DCGS60387 Confidential Assistant to and Chief Financial Officer Deputy Assistant Secretary for the Director, Office of Legislative DCGS60589 Policy Advisor to the Employment and Training Affairs Director of Public Affairs DLGS60101 Chief of Staff to the DCGS60393 Legislative Affairs DCGS60604 Associate Under Secretary Assistant Secretary for Employment Specialist to the Assistant Secretary for Communications to the Under Standards for Congressional and Secretary for Economic Affairs DLGS60103 Regional Representative to Intergovernmental Affairs DCGS60646 Public Affairs Specialist the Assistant Secretary for DCGS60396 Congressional Affairs to the Deputy Director, Office of Congressional and Intergovernmental Specialist to the Director, Office of Public Affairs Affairs Legislative Affairs DCGS60648 Press Secretary to the DLGS60104 Secretary’s Representative DCGS60402 Chief of Staff to the Under Director of Public Affairs to the Assistant Secretary for Secretary Oceans and Atmosphere DCGS60659 Director, Office of White Congressional and Intergovernmental (Administrator National Oceanic and House Liaison to the Chief of Staff Affairs Atmospheric Administration) DCGS60677 Special Assistant to the DLGS60107 Secretary’s Representative DCGS60409 Confidential Assistant to Assistant to the Secretary and to the Assistant Secretary for the Executive Assistant Director, Office of Policy and Strategic Congressional and Intergovernmental Affairs DCGS60410 Executive Assistant to the Planning DLGS60110 Regional Representative to Under Secretary for International DCGS60681 Special Assistant to the the Assistant Secretary for Trade Assistant Secretary for Market Access Congressional and Intergovernmental DCGS60412 Director of and Compliance Affairs Communications to the Assistant DCGS60688 Confidential Assistant to DLGS60111 Secretary’s Representative Secretary for Trade Development the Assistant Secretary for Market Access and Compliance to the Assistant Secretary for DCGS60415 Congressional Affairs DCGS60690 Special Assistant to the Congressional and Intergovernmental Specialist to the Director, Office of Assistant Secretary for Market Access Affairs Legislative Affairs and Compliance DLGS60112 Secretary’s Representative DCGS60423 Special Assistant to the DCGS60694 Chief, Congressional to the Assistant Secretary for Assistant Secretary and Commissioner Affairs to the Under Secretary for Congressional and Intergovernmental of Patents and Trademarks Economic Affairs Affairs DCGS60424 Legislative Affairs DLGS60113 Special Assistant to the Specialist to the Under Secretary for Section 213.3315 Department of Labor Deputy Assistant Secretary International Trade DLGS00160 Staff Assistant to the DLGS60118 Staff Assistant to the DCGS60445 Public Affairs Specialist Director of Public Liaison Secretary of Labor to the Assistant Secretary for DLGS60007 Special Assistant to the DLGS60120 Senior Legislative Officer Economic Development Secretary of Labor to the Assistant Secretary for DCGS60446 Senior Advisor to the DLGS60009 Staff Assistant to the Congressional and Intergovernmental Under Secretary for Export Assistant Secretary for Congressional Affairs Administration and Intergovernmental Affairs DLGS60121 Special Assistant to the DCGS60448 Confidential Assistant to DLGS60011 Staff Assistant to the Chief Secretary of Labor the Assistant Secretary for Market Financial Officer DLGS60123 Special Assistant to the Access and Compliance DLGS60015 Special Assistant to the Deputy Assistant Secretary DCGS60490 Director of Scheduling to Assistant Secretary for Congressional DLGS60125 Special Assistant to the the Chief of Staff and Intergovernmental Affairs Chief of Staff DCGS60494 Deputy Press Secretary to DLGS60017 Senior Legislative Officers DLGS60126 Staff Assistant to the the Director of Public Affairs to the Assistant Secretary for Wage and Hour Administrator DCGS60512 Special Advisor to the Congressional and Intergovernmental DLGS60127 Staff Assistant to the Under Secretary for Export Affairs Deputy Assistant Secretary for Labor- Administration DLGS60041 Staff Assistant to the Management Programs DCGS60527 Executive Assistant to the Secretary of Labor DLGS60130 Research Assistant to the Secretary DLGS60044 Attorney Advisor (Labor) Assistant Secretary for Congressional DCGS60532 Senior Counsel to the to the Solicitor of Labor and Intergovernmental Affairs General Counsel DLGS60055 Special Assistant to the DLGS60131 Special Assistant to the DCGS60533 Confidential Assistant to Assistant Secretary for Public Affairs Assistant Secretary for Employment the Assistant Secretary and DLGS60076 Special Assistant to the and Training Commissioner of Patents and Assistant Secretary for Employment DLGS60132 Special Assistant to the Trademarks Standards Director of Public Liaison

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DLGS60133 Special Assistant to the DLGS60197 Legislative Officer to the DLGS60246 Staff Assistant to the Director of the Women’s Bureau Assistant Secretary for Congressional Secretary of Labor DLGS60138 Chief of Staff to the and Intergovernmental Affairs DLGS60248 Special Assistant to the Assistant Secretary for Mine Safety DLGS60198 Special Assistant to the Director of Public Liaison and Health Assistant Secretary for Administration DLGS60252 Counsel to the Deputy DLGS60139 Special Assistant to the and Management Secretary of Labor Assistant Secretary for Public Affairs DLGS60199 Staff Assistant to the DLGS60255 Staff Assistant to the DLGS60144 Special Assistant to the Assistant Secretary for Public Affairs Secretary of Labor Executive Assistant to the Secretary DLGS60203 Special Assistant to the DLGS60256 Special Assistant to the DLGS60145 Intergovernmental Officer Assistant Secretary for Veterans Deputy Assistant Secretary for Labor- to the Assistant Secretary for Employment and Training Management Programs Congressional and Intergovernmental DLGS60204 Special Assistant to the DLGS60260 Special Assistant to the Affairs Assistant Secretary for Veterans Director of Public Liaison DLGS60147 Attorney-Advisor (Labor) Employment and Training DLGS60261 Special Assistant to the to the Solicitor of Labor DLGS60205 Special Assistant to the Assistant Secretary for Mine Safety DLGS60152 Deputy Director to the Secretary of Labor and Health Director of the Women’s Bureau DLGS60208 Senior Legislative Officer DLGS60262 Special Assistant to the DLGS60154 Senior Legislative Officer to the Assistant Secretary for Deputy Assistant Secretary for Federal to the Assistant Secretary for Congressional and Intergovernmental Contract Compliance Congressional and Intergovernmental Affairs DLGS60263 Special Assistant to the Affairs DLGS60209 Special Assistant to the Assistant Secretary for Employment DLGS60159 Special Assistant to the Assistant Secretary for Veterans Standards Deputy Under Secretary for Employment and Training DLGS60264 Special Assistant to the International Affairs DLGS60210 Special Assistant to the Wage and Hour Administrator DLGS60161 Staff Assistant to the Director, Office of Faith Based and DLGS60266 Chief of Staff to the Assistant Secretary for Public Affairs Community Initiatives Deputy Under Secretary for DLGS60163 Special Assistant to the DLGS60211 Special Assistant to the International Affairs Assistant Secretary for Occupational Executive Secretary DLGS60267 Special Assistant to the Safety and Health DLGS60214 Staff Assistant to the Assistant Secretary for Public Affairs DLGS60168 Intergovernmental Officer Secretary of Labor DLGS60269 Special Assistant to the to the Assistant Secretary for DLGS60215 Special Assistant to the Secretary of Labor Congressional and Intergovernmental Assistant Secretary for Occupational DLGS60270 Special Assistant to the Affairs Safety and Health Assistant Secretary for Employment DLGS60169 Deputy Director, DLGS60217 Senior Legislative Officer and Training Executive Secretariat to the Executive to the Assistant Secretary for DLGS60273 Special Assistant to the Secretary Congressional and Intergovernmental Assistant Secretary for Administration DLGS60170 Special Assistant to the Affairs and Management Secretary of Labor DLGS60171 Special Assistant to the DLGS60218 Special Assistant to the Assistant Secretary for Public Affairs Section 213.3316 Department of Secretary of Labor Health and Human Services DLGS60173 Chief of Staff to the DLGS60222 Special Assistant to the DHGS00034 Executive Assistant to the Assistant Secretary for Disability Assistant Secretary for Disability Principal Deputy Assistant Secretary Employment Policy Employment Policy DLGS60175 Associate Assistant DLGS60225 Staff Assistant to the for Health Secretary for Policy to the Assistant Assistant Secretary for Public Affairs DHGS00268 Special Assistant to the Secretary for Policy DLGS60229 Special Assistant to the Executive Secretary to the Executive DLGS60177 Speech Writer to the Assistant Secretary for Disability Secretary to the Department Assistant Secretary for Public Affairs Employment Policy DHGS00492 Deputy White House DLGS60180 Senior Legislative Officer DLGS60232 Special Assistant to the Liaison for Boards and Committees to to the Assistant Secretary for Assistant Secretary for Administration the Chief of Staff Congressional and Intergovernmental and Management DHGS00632 Special Outreach Affairs DLGS60234 Chief of Staff to the Coordinator to the Executive DLGS60182 Special Assistant to the Assistant Secretary for Policy Secretary to the Department Deputy Secretary of Labor DLGS60235 Senior Intergovernmental DHGS60002 Special Assistant to the DLGS60185 Deputy Director to the Officer to the Assistant Secretary for Chief of Staff Director, Office of Faith Based and Congressional and Intergovernmental DHGS60014 Director, Correspondence Community Initiatives Affairs Control Center to the Executive DLGS60187 Special Assistant to the DLGS60237 Special Assistant to the Secretary to the Department Assistant Secretary for Employment Secretary of Labor DHGS60017 Director of Scheduling to and Training DLGS60239 Associate Deputy the Chief of Staff DLGS60190 Research Assistant to the Secretary to the Deputy Secretary of DHGS60055 Senior Advisor to the Assistant Secretary for Congressional Labor Assistant Secretary for Legislation to and Intergovernmental Affairs DLGS60240 Intergovernmental Officer the Assistant Secretary for Legislation DLGS60191 Chief Economist to the to the Assistant Secretary for DHGS60187 Special Assistant to the Assistant Secretary for Policy Congressional and Intergovernmental Deputy Assistant Secretary for DLGS60192 Chief of Staff to the Affairs Legislative (Congressional Liaison) Assistant Secretary for Employee DLGS60243 Staff Assistant to the DHGS60204 Special Assistant to the Benefits Security Administration Assistant Secretary for Policy Executive Assistant to the White DLGS60194 Director of Scheduling DLGS60245 Special Assistant to the House Liaison for Political Personnel and Advance to the Secretary of Labor Secretary of Labor Boards and Commission

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DHGS60236 Secretary’s Regional Planning and Evaluation (Science and Section 213.3317 Department of Representative for Intergovernmental Data Policy) Education Affairs to the Director of DHGS60427 Executive Director, DBGS00081 Special Assistant to the Intergovernmental Affairs President’s Committee on Mental Director, Faith-Based and Community DHGS60237 Regional Director, New Retardation to the Assistant Secretary Initiatives Center York, New York, Region II to the Administrator for Children and DBGS00094 Special Assistant to the Director of Intergovernmental Affairs Families Deputy Assistant Secretary for DHGS60240 Regional Director, Dallas, DHGS60436 Associate Commissioner Regional Services Texas, Region VI to the Director of to the Assistant Secretary DBGS00184 Confidential Assistant to Intergovernmental Affairs Administrator for Children and the Special Assistant DHGS60243 Regional Representative, Families DBGS00192 Special Assistant to the Atlanta, Georgia, Region IV to the DHGS60485 Director of Chief of Staff Director of Intergovernmental Affairs Communications to the Assistant DBGS00198 Special Assistant to the DHGS60247 Secretary’s Regional Secretary, Health Assistant Secretary for Special Representative, Philadelphia, DHGS60497 Special Assistant for Education and Rehabilitative Services Pennsylvania to the Director of International and Immigration Issues DBGS00200 Special Assistant to the Intergovernmental Affairs to the Assistant Secretary Senior Advisor to the Secretary DHGS60252 Regional Director, Administrator for Children and DBGS00202 Deputy Assistant Denver, Colorado, Region VIII to the Families Secretary for Policy to the Assistant Director of Intergovernmental Affairs DHGS60525 Confidential Assistant to Secretary for Elementary and DHGS60255 Regional Director, the Director, Executive Operations Secondary Education Chicago, Illinois-Region V to the DHGS60541 Special Assistant to the DBGS00204 Special Assistant to the Director of Intergovernmental Affairs Chief Financial Officer DHGS60269 Special Assistant to the Deputy Director Office of Child Support Enforcement DBGS00205 Special Assistant to the Director, Center for Faith-Based and Assistant Secretary for Management DHGS60553 Director of Community Initiatives DBGS00208 Special Assistant to the Communications to the Deputy DHGS60293 Special Assistant to the Director, White House Initiative on Assistant Secretary for Public Affairs Commissioner Administration for Hispanic Education Children Youth and Families (Policy and Communications) DBGS00209 Special Assistant to the DHGS60315 Special Assistant to the DHGS60558 Confidential Assistant to Assistant Secretary for Legislation and Director of Intergovernmental Affairs the Administrator, Health Resources Congressional Affairs DHGS60331 Special Assistant to the and Services Administration DBGS00211 Special Assistant to the Director, Executive Operations DHGS60570 Confidential Assistant Associate Deputy Under Secretary DHGS60332 Associate Commissioner (Advance) to the Director of DBGS00212 Confidential Assistant to Children’s Bureau to the Scheduling the Special Assistant Commissioner Administration for DHGS60628 Special Assistant to the DBGS00213 Special Assistant to the Children Youth and Families Administrator, Substance Abuse and Deputy Assistant Secretary for DHGS60336 Special Assistant to the Mental Health Service Regional Services Deputy Assistant Secretary for DHGS60636 Senior Advisor to the DBGS00216 Deputy Secretary’s Legislative (Congressional Liaison) Director, Indian Health Service Regional Representative, Region X to DHGS60347 Congressional Liaison DHGS60638 Special Assistant to the the Assistant Secretary for Specialist to the Deputy Assistant Chief of Staff Intergovernmental and Interagency Secretary for Legislative DHGS60659 Counselor to the Deputy Affairs (Congressional Liaison) Secretary, Department of Health and DBGS00219 Confidential Assistant to DHGS60359 Congressional Liaison Human Services the Special Assistant Specialist to the Deputy Assistant DHGS60661 Special Assistant to the DBGS00223 Special Assistant to the Secretary for Legislative Deputy Secretary Deputy Under Secretary for (Congressional Liaison) DHGS60664 Deputy Director of Innovation and Improvement DHGS60361 Congressional Liaison Intergovernmental Affairs DBGS00224 Special Assistant to the Specialist to the Deputy Assistant (Operations) to the Director of Deputy Under Secretary for Secretary for Legislative Intergovernmental Affairs Innovation and Improvement (Congressional Liaison) DBGS00225 Confidential Assistant to DHGS60665 Deputy Director for Policy DHGS60374 Confidential Assistant to the Deputy Under Secretary for to the Director of Intergovernmental the Executive Secretary to the Innovation and Improvement Department Affairs DBGS00230 Confidential Assistant to DHGS60383 Special Assistant to the DHGS60667 Confidential Assistant to the Deputy Under Secretary for Administrator, Health Resources and the Executive Secretary to the Innovation and Improvement Services Administration Department DBGS00231 Confidential Assistant to DHGS60399 Special Assistant to the DHGS60672 Deputy Director of the Assistant Secretary for Vocational Commissioner Administration for Scheduling to the Director of and Adult Education Children Youth and Families Scheduling DBGS00232 Confidential Assistant to DHGS60412 Regional Director, San DHGS60675 Special Assistant for the Director, Faith-Based and Francisco, California, Region IX to the Aging to the Assistant Secretary for Community Initiatives Center Director of Intergovernmental Affairs Aging (Commissioner for Aging) DBGS00235 Associate Deputy Under DHGS60417 Regional Director, Kansas DHGS60682 Executive Director, Secretary for Improvement and City, Missouri, Region VII the Director President’s Advisory Commission and Reform to the Deputy Under Secretary of Intergovernmental Affairs White House Initiative on Asian for Innovation and Improvement DHGS60418 Confidential Assistant to Americans and Pacific Islanders to the DBGS00236 Secretary’s Regional the Deputy Assistant Secretary for Assistant Secretary, Health Representative to the Assistant

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Secretary for Intergovernmental and DBGS00271 Special Assistant to the DBGS60060 Press Secretary to the Interagency Affairs Chief of Staff Director Office of Public Affairs DBGS00237 Executive Assistant to the DBGS00272 Special Assistant to the (Communications Director) General Counsel Chief of Staff to the Under Secretary DBGS60063 Confidential Assistant to DBGS00239 Confidential Assistant to DBGS00277 Special Assistant to the the Counselor to the Secretary the Special Assistant Special Assistant DBGS60064 Secretary’s Regional DBGS00240 Special Assistant to the DBGS00278 Special Assistant to the Representative, Region II to the Chief of Staff Assistant Secretary for Legislation and Deputy Assistant Secretary for DBGS00241 Deputy Secretary’s Congressional Affairs Regional Services Regional Representative-Region III to DBGS00281 Confidential Assistant to DBGS60068 Special Assistant to the the Deputy Assistant Secretary for the Chief of Staff to the Under Chief of Staff to the Deputy Secretary Regional Services Secretary DBGS60069 Special Assistant to the DBGS00242 Special Assistant to the DBGS06227 Special Assistant to the Chief of Staff to the Under Secretary Under Secretary Chief of Staff DBGS60073 Special Assistant to the DBGS00244 Special Assistant to the DBGS06229 Confidential Assistant to Commissioner Rehabilitation Services Special Assistant the Assistant Secretary for Elementary Administration DBGS00245 Confidential Assistant to and Secondary Education DBGS60075 Special Assistant to the the Special Assistant DBGS60002 Deputy Assistant Assistant Secretary for Elementary DBGS00246 Confidential Assistant to Secretary to the Assistant Secretary and Secondary Education the Deputy Assistant Secretary for Legislation and Congressional DBGS60077 Special Assistant to the DBGS00247 Special Assistant to the Affairs Director, Office of Scheduling and Special Assistant DBGS60003 Confidential Assistant to Briefing DBGS00248 Confidential Assistant to the Chief of Staff DBGS60078 Special Assistant to the the Special Assistant DBGS60006 Confidential Assistant to Deputy Assistant Secretary for DBGS00249 Special Assistant to the the Chief of Staff to the Under Regional Services Assistant Secretary for Postsecondary Secretary DBGS60079 Confidential Assistant to DBGS60011 Steward to the Chief of Education the Director, Office of Scheduling and DBGS00250 Confidential Assistant to Staff Briefing DBGS60015 Special Assistant to the the Director, White House Liaison DBGS60080 Confidential Assistant to Deputy Assistant Secretary for DBGS00251 Special Assistant to the the Chief of Staff to the Deputy Regional Services Special Assistant DBGS60016 Confidential Assistant to Secretary DBGS00252 Special Assistant to the DBGS60083 Special Assistant to the the Chief of Staff Associate Deputy Under Secretary DBGS60021 Confidential Assistant to Chief of Staff DBGS00255 Special Assistant to the the Assistant Secretary for Legislation DBGS60084 Confidential Assistant to Chief of Staff and Congressional Affairs the Director Office of Public Affairs DBGS00256 Special Assistant to the DBGS60025 Executive Assistant to the (Communications Director) Assistant Secretary for Civil Rights Deputy Secretary of Education DBGS60085 Secretary’s Regional DBGS00257 Confidential Assistant to DBGS60028 Deputy Secretary’s Representative, Region IX to the the Assistant Secretary for Regional Representative, Region VI to Deputy Assistant Secretary for Postsecondary Education the Secretary’s Regional Regional Services DBGS00259 Confidential Assistant to Representative DBGS60088 Special Assistant to the the Chief of Staff DBGS60032 Confidential Assistant to Deputy Secretary of Education DBGS00260 Deputy Secretary’s the Director, Office of Scheduling and DBGS60093 Special Assistant to the Regional Representative to the Deputy Briefing Assistant Secretary for Elementary Assistant Secretary for Regional DBGS60033 Deputy Assistant and Secondary Education Services Secretary for Regional Services to the DBGS60096 Special Assistant to the DBGS00261 Deputy Secretary’s Assistant Secretary for Deputy Assistant Secretary for Regional Representative—Region VII Intergovernmental and Interagency Regional Services to the Deputy Assistant Secretary for Affairs DBGS60103 Special Assistant to the Regional Services DBGS60037 Deputy Assistant Deputy Assistant Secretary DBGS00262 Confidential Assistant to Secretary for Intergovernmental, DBGS60113 Special Assistant to the the Chief of Staff Constituent Relations and Corporate Director Office of Public Affairs DBGS00263 Deputy Director of Liaison to the Assistant Secretary for (Communications Director) Communications, Office of Public Intergovernmental and Interagency DBGS60115 Secretary’s Regional Affairs to the Director Office of Public Affairs Representative, Region X to the Affairs (Communications Director) DBGS60038 Secretary’s Regional Deputy Assistant Secretary for DBGS00265 Special Assistant to the Representative, Region I, Boston, Regional Services Assistant Secretary for Management/ Massachusetts to the Deputy Assistant DBGS60119 Special Assistant to the Chief Information Officer Secretary for Regional Services Chief of Staff DBGS00267 Confidential Assistant to DBGS60048 Special Assistant to the DBGS60120 Director, Office of the Special Assistant (Executive General Counsel Scheduling and Briefing to the Chief Assistant) DBGS60052 Deputy Director to the of Staff DBGS00268 Special Assistant (White Director DBGS60122 Secretary’s Regional House Liaison) to the Chief of Staff DBGS60055 Secretary’s Regional Representative, Region VII to the DBGS00269 Special Assistant to the Representative, Region VIII to the Deputy Assistant Secretary for Deputy Assistant Secretary Deputy Assistant Secretary for Regional Services DBGS00270 Confidential Assistant to Regional Services DBGS60124 Special Assistant to the the Deputy Chief of Staff for DBGS60059 Special Assistant to the Assistant Secretary for Postsecondary Operations Chief of Staff Education

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DBGS60125 Special Assistant DBGS60181 Special Assistant to the EPGS60039 Special Assistant to the (Executive Assistant) to the Assistant Chief Financial Officer Associate Administrator for Secretary for Intergovernmental and DBGS60182 Confidential Assistant to Communications, Education and Interagency Affairs the Director of the Institute of Media Relations DBGS60126 Deputy Secretary’s Education Sciences EPGS60042 Director of Scheduling to Regional Representative, Region I to DBGS60185 Special Assistant to the the Deputy Associate Administrator the Secretary’s Regional Director Office of Public Affairs for the Office of Public Affairs Representative, Region I, Boston, MA (Communications Director) EPGS60050 Program Assistant to the DBGS60127 Special Assistant to the DBGS60187 Special Assistant to the Assistant Administrator for Air and Assistant Secretary for Vocational and Deputy Chief of Staff for Operations Radiation Adult Education DBGS60189 Confidential Assistant to EPGS60054 Special Assistant to the DBGS60129 Special Assistant to the the Assistant Secretary for Civil Associate Administrator for Assistant Secretary for Special Rights Communications, Education and Education and Rehabilitative Services DBGS60191 Special Assistant to the Media Relations DBGS60130 Special Assistant to the Assistant Secretary for Civil Rights EPGS60055 Special Assistant to the Director DBGS60193 Special Assistant to the Associate Administrator for DBGS60137 Special Assistant to the Secretary Congressional and Intergovernmental Chief of Staff DBGS60194 Special Assistant to the Relations DBGS60139 Deputy Chief of Staff for Director, White House Initiative on EPGS60060 Chief of Staff to the Strategy/Policy to the Chief of Staff Hispanic Education Assistant Administrator for Air and DBGS60196 Special Assistant to the DBGS60140 Deputy Chief of Staff for Radiation Director, Office of Educational Operations to the Chief of Staff EPGS60062 Public Liaison Specialist DBGS60142 Secretary’s Regional Technology to the Associate Administrator for DBGS60197 Confidential Assistant to Representative, Region IV to the Communications, Education and the Deputy Chief of Staff for Deputy Assistant Secretary for Media Relations Operations EPGS60063 Special Assistant to the Regional Services DBGS60199 Special Assistant to the DBGS60143 Confidential Assistant to Deputy Administrator Assistant Secretary for Postsecondary EPGS60064 Associate Assistant the Chief of Staff Education Administrator to the Assistant DBGS60145 Confidential Assistant to DBGS60206 Deputy Secretary’s Administrator for Prevention the Deputy Director Regional Representative, Region IX to Pesticides and Toxic Substances DBGS60146 Confidential Assistant to the Deputy Assistant Secretary for EPGS60065 Recycling the Chief of Staff Regional Services Communications Advisor to the DBGS60150 Special Assistant to the Deputy Director, Office of Solid Waste Chief of Staff Section 213.3318 Environmental EPGS60068 Associate Assistant DBGS60151 Special Assistant to the Protection Agency Administrator to the Principal Deputy Chief of Staff EPGS00922 Associate Assistant Assistant Administrator for Solid DBGS60154 Director, Faith-Based and Administrator to the Assistant Waste and Emergency Response Community Initiatives Center to the Administrator for Research and EPGS60069 Special Assistant for Chief of Staff Development Communications to the Assistant DBGS60155 Special Assistant to the EPGS03300 Public Affairs Specialist to Administrator for Water Director, White House Initiative on the Associate Assistant Administrator EPGS60071 Senior Advisor to the Hispanic Education for Public Affairs Assistant Administrator for DBGS60163 Confidential Assistant to EPGS03400 Program Advisor to the International Activities the Chief of Staff to the Under Associate Administrator to the EPGS60072 Director, Office of Secretary Associate Assistant Administrator for Regional Operations to the Associate DBGS60164 Confidential Assistant to Public Affairs Administrator for Congressional and the Chief of Staff to the Under EPGS03500 Senior Policy Advisor to Intergovernmental Relations Secretary the Deputy Assistant Administrator EPGS60074 Policy Analyst to the DBGS60166 Executive Assistant to the for Water Assistant Administrator for Air and Assistant Secretary for Postsecondary EPGS03604 Supervisory Program Radiation Education Analyst to the Associate EPGS60075 Deputy Associate DBGS60168 Special Assistant to the Administrator for Congressional and Administrator to the Associate Director, Office of Educational Intergovernmental Relations Administrator for Congressional and Technology EPGS12701 Special Assistant to the Intergovernmental Relations DBGS60171 Special Assistant to the Associate Administrator for EPGS60076 Senior Counsel to the Assistant Secretary for Congressional and Intergovernmental Associate Administrator for Intergovernmental and Interagency Relations Congressional and Intergovernmental Affairs EPGS30301 Assistant Associate Relations DBGS60173 Special Assistant to the Administrator/Press Secretary to the EPGS60077 Special Counsel to the Chief of Staff to the Deputy Secretary Associate Assistant Administrator for General Counsel to the Associate DBGS60174 Special Assistant to the Public Affairs General Counsel (Pesticides and Toxic Chief Financial Officer EPGS60001 Special Assistant Substances) DBGS60175 Special Assistant to the (Advance Person) to the EPGS60078 Program Advisor Assistant Secretary for Vocational and Administrator (Advance Person) to the Adult Education EPGS60005 Director of Information Administrator DBGS60176 Confidential Assistant to and Special Initiatives to the EPGS60081 Director of Advance Staff the Deputy Assistant Secretary Associate Administrator for to the Associate Administrator for DBGS60178 Special Assistant to the Communications, Education and Communications, Education and Chief of Staff to the Under Secretary Media Relations Media Relations

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EPGS60082 Special Assistant to the JCGS60061 Secretary (Confidential DVGS60085 Special Assistant Administrator Assistant) to the Chief Judge (Supervisory Regional Veterans EPGS60083 Director, Long Term JCGS60062 Secretary (Confidential Service Liaison Officer) to the Communication Planning to the Assistant) to the Chief Judge Assistant Secretary for Public and Associate Administrator for JCGS60063 Secretary (Confidential Intergovernmental Affairs Communications, Education and Assistant) to the Chief Judge DVGS60095 Special Assistant to the Media Relations JCGS60064 Secretary (Confidential Assistant Secretary for Human EPGS60089 Senior Advisor to the Assistant) to the Chief Judge Resources and Administration Chief Financial Officer JCGS60065 Secretary (Confidential DVGS60096 Special Assistant to the Assistant) to the Chief Judge Section 213.3323 Federal Special Assistant (Supervisory JCGS60066 Trial Clerk to the Chief Communications Commission Regional Veterans Service Liaison Judge Officer) FCGS03051 Deputy Director, Office of JCGS60067 Trial Clerk to the Chief DVGS60099 Special Assistant to the Media Relations to the Chief of Staff Judge Assistant Secretary for Public and FCGS60005 Special Assistant to the JCGS60068 Trial Clerk to the Chief Intergovernmental Affairs Director, Office of Legislative Affairs Judge DVGS60106 Special Assistant to the FCGS60006 Deputy Director to the JCGS60069 Trial Clerk to the Chief Assistant Secretary for Congressional Director, Office of Legislative Affairs Judge and Legislative Affairs Section 213.3323 Overseas Private JCGS60070 Trial Clerk to the Chief Section 213.3328 Broadcasting Board Investment Corporation Judge JCGS60071 Trial Clerk to the Chief of Governors PQGS00015 Program Specialist to the Judge IBGS00009 Special Assistant to the President JCGS60073 Trial Clerk to the Chief PQGS60018 Executive Assistant to the Chairman, Broadcasting Board of Judge Governors President JCGS60074 Trial Clerk to the Chief PQGS60019 Confidential Assistant to IBGS00011 Special Assistant to the Judge Chairman, Broadcasting Board of the President JCGS60077 Trial Clerk to the Chief PQGS60020 Executive Assistant to the Governors Judge IBGS00012 Special Assistant to the Executive Vice President JCGS60078 Trial Clerk to the Chief Chairman, Broadcasting Board of PQGS60021 Confidential Assistant to Judge Governors the President JCGS60082 Secretary (Confidential IBGS60002 Special Assistant to the Assistant) to the Chief Judge Section 213.3325 United States Tax Executive Director Court Section 213.3327 Department of IBGS60003 Chief of Staff to the JCGS60040 Secretary Confidential Veterans Affairs Director Office of Cuba Broadcasting Assistant to the Chief Judge DVGS60005 Special Assistant to the IBGS60005 Senior Projects Officer to JCGS60041 Secretary (Confidential Secretary of Veterans Affairs the Director, Voice of America Assistant) to the Chief Judge DVGS60008 Special Assistant to the JCGS60042 Secretary (Confidential Section 213.3330 Securities and Dean, Veterans Affairs Learning Exchange Commission Assistant) to the Chief Judge University JCGS60043 Secretary (Confidential DVGS60011 Special Assistant to the SEOT60002 Confidential Assistant to a Assistant) to the Chief Judge Deputy Assistant Secretary for Public Commissioner JCGS60044 Secretary (Confidential Affairs SEOT60004 Director of Legislative Assistant) to the Chief Judge DVGS60015 Special Assistant to the Affairs to the Director of JCGS60045 Secretary (Confidential Special Assistant (Supervisory Communications Assistant) to the Chief Judge Regional Veterans Service Liaison SEOT60005 Confidential Assistant to a JCGS60046 Secretary (Confidential Commissioner Assistant) to the Chief Judge Officer) DVGS60030 Special Assistant to the SEOT60006 Confidential Assistant to a JCGS60047 Secretary (Confidential Commissioner Assistant) to the Chief Judge Special Assistant (Supervisory Regional Veterans Service Liaison SEOT60008 Secretary (Office JCGS60048 Secretary (Confidential Automation) to the Chief Accountant Assistant) to the Chief Judge Officer) SEOT60009 Secretary to the Gen JCGS60049 Secretary (Confidential DVGS60034 Director, Congressional Counsel of the Commission Assistant) to the Chief Judge Affairs to the Assistant Secretary for JCGS60050 Secretary (Confidential Congressional and Legislative Affairs SEOT60011 Staff Assistant to the Assistant) to the Chief Judge DVGS60056 Special Assistant to the Managing Executive for External JCGS60051 Secretary (Confidential Special Assistant (Supervisory Affairs Assistant) to the Chief Judge Regional Veterans Service Liaison SEOT60014 Secretary to the Dir, Div of JCGS60052 Secretary (Confidential Officer) Market Regulation Assistant) to the Chief Judge DVGS60073 Special Assistant (Deputy SEOT60016 Secretary to the Dir, Div of JCGS60053 Secretary (Confidential White House Liaison) to the Deputy Enforcement Assistant) to the Chief Judge Assistant Secretary for Public Affairs SEOT60018 Secretary to the Dir—Div JCGS60054 Secretary (Confidential DVGS60075 Special Assistant to the of Investment Management Assistant) to the Chief Judge Special Assistant (Supervisory SEOT60019 Secretary to the Director JCGS60056 Secretary (Confidential Regional Veterans Service Liaison SEOT60028 Confidential Assistant to Assistant) to the Chief Judge Officer) the Chairman JCGS60059 Secretary (Confidential DVGS60081 Special Assistant to the SEOT60029 Secretary to the Director, Assistant) to the Chief Judge Special Assistant (Supervisory Division of Market Regulation JCGS60060 Secretary (Confidential Regional Veterans Service Liaison SEOT60040 Senior Adviser to the Assistant) to the Chief Judge Officer) Chairman to the Chairman

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SEOT60041 Senior Advisor for DEGS00324 Special Assistant to the DEGS60228 Chief of Staff to the Legislative Affairs to the Director of Director, Office of Scheduling and Director Office of Economic Impact Communications Advance and Diversity SEOT60051 Managing Executive for DEGS00326 Special Assistant to the DEGS60233 Special Assistant to the External Affairs to the Chairman Director, Public Affairs Assistant Secretary for International DEGS00327 Special Assistant to the Section 213.3331 Department of Affairs Director, Public Affairs Energy DEGS60238 Deputy Director to the DEGS00328 Special Assistant to the Director Office of Economic Impact DEGS00267 Special Assistant to the Assistant Secretary for International and Diversity Assistant Secretary for Fossil Energy Affairs DEGS60242 Policy Advisor to the DEGS00281 Senior Policy Advisor to DEGS00329 Congressional Relations Director Office of Worker and the Chief Information Officer Specialist to the Deputy Community Transition DEGS00291 Deputy Chief of Staff to Administrator for Defense Programs, DEGS60244 Congressional Affairs the Deputy Secretary to the Deputy National Nuclear Security Officer to the Assistant Secretary for Secretary of Energy Administration Fossil Energy DEGS00293 Special Assistant to the DEGS00330 Confidential Assistant to DEGS60245 Senior Policy Advisor to Secretary, Department of Energy the Assistant Secretary for the Assistant Secretary for Fossil DEGS00296 Special Assistant to the Environment, Safety and Health Energy Director Office of Economic Impact DEGS00331 Advance and Trip DEGS60247 Advance and Trip and Diversity Coordinator to the Director, Office of Coordinator to the Director, Office of DEGS00297 Policy Advisor to the Scheduling and Advance Scheduling and Advance Assistant Secretary for Fossil Energy DEGS00332 Senior Advance DEGS60248 Deputy Director of DEGS00298 Executive Assistant to the Representative to the Director, Office Advance for Strategic Initiatives to the Assistant Secretary for Fossil Energy of Scheduling and Advance Director, Office of Scheduling and DEGS00299 Senior Policy Advisor to DEGS00333 Senior Advance Advance the Assistant Secretary for Representative to the Director, Office DEGS60250 Confidential Assistant to International Affairs of Scheduling and Advance the Assistant Secretary for DEGS00303 Special Assistant to the DEGS00334 Special Assistant to the Congressional and Intergovernmental Assistant Secretary for Congressional Secretary to the Secretary, Department Affairs and Intergovernmental Affairs of Energy DEGS60251 Special Assistant to the DEGS00305 Senior Policy Advisor to DEGS60121 Special Assistant to the Assistant Secretary for Congressional the Director, Office of Civilian Director, Office of Scheduling and and Intergovernmental Affairs Radioactive Waste Management Advance DEGS60253 Director of DEGS00306 Special Assistant to the DEGS60134 Special Assistant to the Intergovernmental Affairs to the Chief Financial Officer/Director, Assistant Secretary for Fossil Energy Assistant Secretary for Congressional Office of Management, Budget and DEGS60140 Senior Advisor to the and Intergovernmental Affairs Evaluation Director, Nuclear Energy DEGS00310 Deputy Director, Office of DEGS60151 Special Projects Officer to DEGS60254 Senior Policy Advisor to Scheduling and Advance to the the Senior Policy Advisor the Assistant Secretary of Energy Director, Office of Scheduling and DEGS60173 Senior Policy Advisor to (Environmental Management) Advance the Secretary, Department of Energy DEGS60256 Intergovernmental Liaison DEGS00311 Special Assistant to the DEGS60180 Deputy Director, Public Officer to the Assistant Secretary for Assistant Secretary (Conservation and Affairs to the Director, Public Affairs Congressional and Intergovernmental Renewable Energy) DEGS60204 Special Assistant to the Affairs DEGS00313 Senior Policy Advisor to Assistant Secretary for Fossil Energy DEGS60257 Deputy Assistant the Secretary, Department of Energy DEGS60206 Chief of Staff to the Secretary for National Security to the DEGS00315 Deputy White House Assistant Secretary (Conservation and Assistant Secretary for Congressional Liaison to the Deputy Chief of Staff/ Renewable Energy) and Intergovernmental Affairs White House Liaison DEGS60212 Senior Advisor, DEGS60259 Deputy Assistant DEGS00317 Senior Policy Advisor to Communications to the Assistant Secretary for Energy Policy to the the Secretary, Department of Energy Secretary (Conservation and Assistant Secretary for Congressional DEGS00318 Advisor, Legislative Renewable Energy) and Intergovernmental Affairs Affairs to the Assistant Secretary DEGS60213 Legislative Counsel to the DEGS60261 Associate Deputy (Conservation and Renewable Energy) Assistant Secretary for Congressional Assistant Secretary to the Assistant DEGS00319 Senior Advisor to the and Intergovernmental Affairs Secretary for Congressional and Assistant Secretary (Conservation and DEGS60217 Director, Press Office to Intergovernmental Affairs Renewable Energy) the Director, Public Affairs DEGS60262 Deputy Assistant DEGS00321 Director, Office of Climate DEGS60220 Policy Advisor to the Secretary for Budget and Change Programs to the Deputy Secretary, Department of Energy Appropriations to the Assistant Assistant Secretary for National DEGS60221 Senior Policy Advisor to Secretary for Congressional and Energy Policy the Assistant Secretary of Energy Intergovernmental Affairs DEGS00322 Special Assistant for (Environmental Management) DEGS60264 Senior Policy Advisor to Intergovernmental Affairs to the DEGS60222 Special Assistant to the the Chief Financial Officer/Director, Assistant Secretary of Energy Secretary, Department of Energy Office of Management, Budget and (Environmental Management) DEGS60225 Senior Policy Advisor for Evaluation DEGS00323 Chief of Staff/Senior Middle East Affairs to the Assistant DEGS60265 Senior Advisor, Policy Advisor for North American Secretary for International Affairs Congressional and Intergovernmental Affairs to the Assistant Secretary for DEGS60226 Senior Advisor to the Affairs to the Director, Office of International Affairs Secretary, Department of Energy Science

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DEGS60266 Senior Advisor to the Associate Administrator for SBGS60183 Press Secretary to the Assistant Secretary of Energy Communications/Public Liaison Associate Administrator for (Environmental Management) SBGS60043 Special Assistant to the Communications/Public Liaison DEGS60268 Senior Manager of Public Assistant Administrator for SBGS60188 Regional Administrator, Affairs to the Assistant Secretary for Congressional and Legislative Affairs Region IX, San Francisco to the Fossil Energy SBGS60058 Special Assistant to the Administrator DEGS60269 Confidential Advisor to Chief of Staff to the Chief of Staff SBGS60189 Regional Administrator, the Director, Office of Science SBGS60063 Special Assistant to the Region 10, Seattle Washington to the DEGS60271 Executive Assistant to the Associate Deputy Administrator for Associate Administrator for Field Assistant Secretary for Fossil Energy Capital Access Operations DEGS60272 Senior Policy advisor to SBGS60075 Senior Advisor to the SBGS60194 Assistant Scheduler to the the Secretary, Department of Energy Associate Administrator for Administrator DEGS60276 Senior Policy Advisor to Investment SBGS60206 National Director- the Director, Office of Science SBGS60076 Special Assistant to the Matchmaking to the Associate Deputy DEGS60277 Special Assistant to the Administrator Administrator for Government Director, Office of Scheduling and SBGS60084 Director of International Contracting and Business Advance Trade to the Administrator Development DEGS60278 Special Assistant to the SBGS60208 Special Assistant to the SBGS60092 Special Assistant Director, Office of Economic Impact Associate Deputy Administrator for (Scheduling) to the Administrator and Diversity Entrepreneurial Development DEGS60283 Daily Scheduler to the SBGS60098 Staff Assistant to the SBGS60216 Senior Policy Advisor to Director, Office of Scheduling and Associate Administrator for the Administrator to the Advance Communications/Public Liaison Administrator DEGS60284 Special Assistant to the SBGS60105 Special Assistant to the SBGS60535 Senior Advisor to the Assistant Secretary for International Administrator Associate Deputy Administrator for Affairs SBGS60113 Director, Executive Entrepreneurial Development DEGS60288 Daily Scheduler to the Secretariat to the Chief of Staff Director, Office of Scheduling and SBGS60143 Policy Advisor to the Section 213.3334 Federal Trade Advance Associate Administrator for Commission Communications/Public Liaison FTGS60001 Director, Office of Public Section 213.3331 Federal Energy SBGS60145 Senior Advisor for Affairs to the Chairman Regulatory Commission International Trade to the Director, FTGS60002 Congressional Liaison DRGS60001 Regulatory Policy Analyst Intergovernmental Affairs Specialist to the Director, Office of to the Director, Markets, Tariffs, and SBGS60146 Special Assistant to the Congressional Relations Rates Director of International Trade FTGS60003 Secretary, Bureau of DRGS60003 Confidential Assistant to SBGS60153 Deputy Director to the Competition to the Director Bureau of the Member-Federal Energy District Director Competition Regulatory Commission (Department SBGS60157 Senior Advisor to the FTGS60004 Deputy Director to the of Energy) Administrator Director, Office of Public Affairs SBGS60160 Senior Advisor to the FTGS60005 Consumer Liaison Section 213.3332 Small Business Specialist to the Deputy Director Administration District Director SBGS60165 Special Assistant to the Bureau of Consumer Protection SBGS00202 Speech Writer to the Associate Administrator for Field FTGS60023 Special Assistant to a Associate Administrator for Operations Commissioner Communications/Public Liaison SBGS60168 Director of FTGS60026 Confidential Assistant to a SBGS60003 National Director for Intergovernmental Affairs to the Commissioner FTGS60027 Confidential Assistant to a Native American Affairs to the Associate Administrator for Commissioner Associate Deputy Administrator for Communications/Public Liaison Entrepreneurial Development SBGS60169 Regional Administrator, Section 213.3337 General Services SBGS60004 Senior Advisor to the Region I, Boston, MA to the Special Administration Inspector General SBGS60010 Special Assistant to the Assistant to the Administrator GSGS00084 Special Assistant to the Chief Operating Officer SBGS60170 Regional Administrator, Regional Administrator, Region VI SBGS60012 Director of Advisory Region VIII, Denver Colorado to the Kansas City Councils to the Associate Assistant Inspector General for GSGS00088 Special Assistant to the Administrator for Communications/ Inspections and Evaluation Regional Administrator, Northwest Public Liaison SBGS60172 Regional Administrator Artic Region to the Regional SBGS60018 Special Assistant to the (Kansas City) to the District Director Administrator, Region 10, Auburn, Administrator SBGS60173 Regional Administrator, Washington SBGS60019 Special Assistant to the Region VI, Dallas, Texas to the District GSGS00099 Senior Advisor to the Deputy Administrator to the Deputy Director Regional Administrator, Region 3, Administrator SBGS60175 Regional Administrator to Philadelphia, Pennsylvania SBGS60020 Senior Advisor to the the District Director GSGS00122 Congressional Relations Associate Deputy Administrator for SBGS60176 Regional Administrator, Analyst to the Associate Government Contracting and Business Region II, New York, NY to the Administrator for Congressional and Development District Director Boston Intergovernmental Affairs SBGS60037 Special Assistant to the SBGS60178 Regional Administrator, GSGS60044 Senior Policy Advisor to Administrator Region III, Philadelphia, Pennsylvania the Administrator SBGS60039 Assistant Administrator to the Associate Administrator for GSGS60058 Director of Administration for Public Communications to the Field Operations to the Administrator

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GSGS60069 Events Management Section 213.3342 Export-Import Bank Section 213.3355 Social Security Specialist to the Director of External Administration EBGS60044 Special Assistant to the Affairs Special Assistant to Chairman and SZGS60001 Special Assistant to the GSGS60078 Senior Advisor to the Coordinator of African Programs Deputy Commissioner for Legislation Regional Administrator National and Congressional Affairs Capital Region EBGS60053 Administrative Assistant to the Member Board of Directors SZGS60005 Special Assistant to the GSGS60082 Senior Advisor to the Deputy Commissioner for Disability Regional Administrator, Regional 4, EBGS60054 Special Assistant to the Vice President—Operations and Income Security Programs Atlanta, Georgia SZGS60006 Confidential Assistant to GSGS60089 Confidential Assistant to Section 213.3343 Farm Credit the Chief of Staff the Administrator Administration SZGS60007 Special Assistant to a GSGS60094 Congressional Relations Commissioner Officer to the Associate Administrator FLOT00028 Director, Congressional SZGS60008 Special Assistant to the for Congressional and and Legislative Affairs to the Chief of Staff Intergovernmental Affairs Chairman, Farm Credit SZGS60009 Executive Assistant to the GSGS60095 White House Liaison to Administration Board Deputy Commissioner for the Chief of Staff FLOT00051 Chief Operating Officer to Communications GSGS60100 Senior Advisor to the the Chairman, Farm Credit Associate Administrator for Administration Board Section 213.3356 Commission on Civil Congressional and Intergovernmental FLOT00053 Executive Assistant to Rights Affairs Chairman of the Board to the CCGS00017 Special Assistant to a GSGS60103 Confidential Assistant to Chairman, Farm Credit Commissioner the Chief of Staff Administration Board CCGS60001 Special Assistant to the GSGS60113 Special Assistant to the FLOT00080 Executive Assistant to Vice-Chairman Regional Administrator Region 1, Member to the Chairman, Farm Credit CCGS60006 Special Assistant to the Boston Administration Board Vice-Chairman GSGS60119 Senior Advisor to the FLOT60012 Congressional and Public CCGS60010 Special Assistant to the Deputy Regional Administrator Staff Director GSGS60120 Congressional Relations Affairs Specialist to the Director, Congressional and Legislative Affairs CCGS60011 Special Assistant to a Officer to the Associate Administrator Commissioner for Congressional and FLOT60015 Public Affairs Specialist CCGS60012 Special Assistant to a Intergovernmental Affairs to the Director, Congressional and Commissioner GSGS60121 Congressional Relations Legislative Affairs CCGS60013 Special Assistant to a Officer to the Associate Administrator Section 213.3346 Selective Service Commissioner for Congressional and System CCGS60016 Special Assistant to a Intergovernmental Affairs Commissioner GSGS60127 Associate Administrator SSGS00001 Public Affairs Specialist to CCGS60031 Special Assistant to the for Small Business Utilization to the the Deputy Director Staff Director Administrator Section 213.3348 National CCGS60033 Special Assistant to a GSGS60131 Director of External Aeronautics and Space Administration Commissioner Affairs to the Deputy Associate Section 213.3357 National Credit Administrator for Communications NNGS60018 Confidential Assistant to the Administrator Union Administration Section 213.3339 United States NNGS60019 Senior Policy Analyst to CUOT01191 Executive Assistant to the International Trade Commission the Assistant Administrator for Public Vice Chair TCGS00007 Staff Assistant to a Affairs CUOT01192 Executive Assistant to a Commissioner NNGS60020 Writer-Editor to the Member TCGS60006 Staff Assistant Assistant Administrator for Public CUOT60009 Staff Assistant to the (Economics) to a Commissioner Affairs Chairman, National Credit Union TCGS60015 Executive Assistant to the NNGS60021 Industrial Relations Board Vice Chairman Specialist to the Associate CUOT60018 Special Assistant for TCGS60019 Senior Economist to a Administrator for External Relations Legislative Affairs to the Chairman, National Credit Union Board Commissioner NNGS60022 Media Relations TCGS60022 Staff Assistant to the Vice CUOT60026 Special Assistant for Public Specialist to the Assistant Chairman Affairs to the Chairman, National TCGS60030 Confidential Assistant to a Administrator for Public Affairs Credit Union Board Commissioner Section 213.3351 Federal Mine Safety Section 213.3360 Consumer Product TCGS60036 Executive Assistant to the and Health Review Commission Chairman Safety Commission FRGS60017 Confidential Assistant to PSGS60001 Special Assistant (Legal) to Section 213.3340 National Archives the Chairman a Commissioner and Records Administration FRGS60024 Confidential Assistant to PSGS60003 Special Assistant to a NQGS60003 Archivist of the United the Chairman Commissioner States to the Archivist of the United Section 213.3353 Merit Systems PSGS60006 Executive Assistant to the States Protection Board Chairman, Consumer Product Safety Commission Section 213.3341 National Labor MPGS60009 Attorney Advisor to the PSGS60007 Director, Office of Relations Board Chairman Congressional Relations to the NLGS06574 Executive Assistant to the MPGS60010 Confidential Assistant to Chairman, Consumer Product Safety Chairman to the Chairman the Chairman Commission

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PSGS60012 Executive Assistant to the NAGS00025 General Counsel to the DUGS00370 Special Assistant to the Chairman, Consumer Product Safety Chairman, National Endowment for Assistant Secretary for Public and Commission the Arts Indian Housing PSGS60014 General Counsel to the NAGS00074 Speechwriter to the DUGS00445 Special Assistant to the Chairman, Consumer Product Safety Chairman, National Endowment for Assistant Secretary for Community Commission the Arts Planning and Development PSGS60050 Executive Assistant to a NAGS60002 Special Assistant to the DUGS00548 Deputy Assistant Commissioner Chairman, National Endowment for Secretary for Public Housing and PSGS60061 Executive Assistant to a the Arts Voucher Programs to the Assistant Commissioner NAGS60077 Director of Secretary for Public and Indian PSGS60062 Special Assistant (Legal) to Communications to the Chairman, Housing a Commissioner National Endowment for the Arts DUGS60033 Staff Assistant to the PSGS60063 Special Assistant (Legal) to NAGS60080 Deputy Director to the Assistant Secretary for Housing, a Commissioner Congressional and White House Federal Housing Commissioner PSGS60064 Special Assistant (Legal) to Liaison Officer National Endowment DUGS60036 Special Assistant to the a Commissioner for the Humanities Assistant Secretary for Housing, PSGS60066 Supervisory Public Affairs NHGS60060 General Counsel to the Federal Housing Commissioner Specialist to the Executive Director Chairman DUGS60039 Staff Assistant to the Section 213.3365 Chemical Safety and NHGS60065 Special Assistant to the Assistant Secretary for Community Hazard Investigation Board Chairman Planning and Development NHGS60075 Director of DUGS60060 Director of Executive FJGS60001 Special Assistant to the Scheduling and Operations to the Chief Operating Officer Communications to the Deputy Chairman Assistant Secretary for Administration Section 213.3367 Federal Maritime DUGS60066 Special Assistant to the Commission Section 213.3384 Department of General Counsel Housing and Urban Development DUGS60068 Special Assistant to the MCGS60003 Counsel to the Assistant Secretary for Public Affairs Commissioner to a Member DUGS00020 Deputy Assistant Secretary for Policy Development to DUGS60114 Staff Assistant to the MCGS60041 Special Advisor to a Assistant Secretary for Housing, Member the Assistant Secretary for Policy Development and Research Federal Housing Commissioner MCGS60042 Counsel to the Counsel to DUGS60137 Staff Assistant to the DUGS00021 Staff Assistant to the the Commissioner Assistant Secretary for Public Affairs Senior Advisor to the Deputy DUGS60151 Staff Assistant to the Section 213.3376 Appalachian Secretary Regional Commission Assistant Secretary for Public Affairs DUGS00022 Staff Assistant to the DUGS60172 Special Assistant to the APGS00003 Confidential Policy Advisor Assistant Secretary for Public Affairs Assistant Secretary for Public and to the Federal Co-Chairman DUGS00029 Staff Assistant to the Indian Housing Assistant Secretary for Community Section 213.3377 Equal Employment DUGS60184 Deputy Assistant Planning and Development Opportunity Commission Secretary to the Assistant Secretary DUGS00030 Special Assistant to the EEGS60004 Confidential Assistant to for Administration Assistant Secretary for Community DUGS60187 Special Assistant to the the Legal Counsel Planning and Development Assistant Secretary for Public Affairs EEGS60008 Confidential Assistant to DUGS00031 Special Assistant to the the Chairman, Equal Employment DUGS60205 Deputy Assistant Assistant Secretary for Housing, Secretary for Intergovernmental Opportunity Commission Federal Housing Commissioner EEGS60032 Senior Advisor to the Affairs to the Assistant Secretary for DUGS00035 Special Assistant to the Congressional and Intergovernmental Member, Equal Employment Assistant Deputy Secretary for Field Opportunity Commission Relations Policy and Management DUGS60206 Intergovernmental Section 213.3379 Commodity Futures DUGS00038 Staff Assistant to the Relations Assistant to the Assistant Trading Commission Assistant Secretary for Congressional Secretary for Congressional and and Intergovernmental Relations CTGS60001 Administrative Assistant to Intergovernmental Relations DUGS00040 Staff Assistant to the a Chief of Staff DUGS60212 Staff Assistant to the Assistant Secretary for Congressional CTGS60002 Administrative Assistant Assistant Secretary for Community and Intergovernmental Relations to a Chairperson Planning and Development CTGS60003 Administrative Assistant DUGS00041 Advance Coordinator to DUGS60216 Deputy Assistant to a Commissioner the Assistant Secretary for Secretary for Special Needs to the CTGS60004 Administrative Assistant Administration Assistant Deputy Secretary for Field to a Commissioner DUGS00044 Special Assistant to the Policy and Management CTGS60006 Administrative Assistant Assistant Secretary for Fair Housing DUGS60224 Regional Director, Seattle, to a Commissioner and Equal Opportunity Washington to the Deputy Secretary, CTGS60012 Special Assistant to a DUGS00046 Staff Assistant to the Housing and Urban Development Commissioner Assistant Secretary for Congressional DUGS60238 Special Assistant to the CTGS60014 Special Assistant to a and Intergovernmental Relations Assistant Secretary for Administration Commissioner DUGS00170 Staff Assistant to the DUGS60249 Staff Assistant to the Assistant Secretary for Community Assistant Secretary for Congressional Section 213.3382 National Endowment Planning and Development and Intergovernmental Relations for the Arts DUGS00249 Staff Assistant to the DUGS60259 Administrator of NAGS00004 Director of Development Assistant Deputy Secretary for Field Manufactured Housing Programs to to the Senior Deputy Chairman Policy and Management the Assistant Secretary for

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Community Planning and DUGS60518 Special Assistant to the PMGS00037 Chief, Office of House Development Deputy Secretary, Housing and Urban Affairs to the Director, Office of DUGS60266 Staff Assistant to the Development Congressional Relations President, Government National DUGS60522 Deputy Assistant PMGS00038 Confidential Assistant to Mortgage Association Secretary for Special Initiatives to the the Director, Office of Congressional DUGS60268 Staff Assistant to the Secretary, Housing and Urban Relations Deputy Secretary, Housing and Urban Development PMGS60003 Special Assistant to the Development DUGS60529 Special Assistant to the Director, Office of Communications DUGS60272 Deputy Assistant Assistant Secretary for Administration PMGS60004 Special Assistant to the Secretary for Economic Affairs to the DUGS60542 Special Assistant to the Chief, Office of House Affairs Regional Director Assistant Secretary for Congressional PMGS60005 Special Assistant to the DUGS60276 Staff Assistant to the and Intergovernmental Relations Director, Office of Congressional Assistant Secretary for Housing, DUGS60558 Special Assistant to the Relations Federal Housing Commissioner Deputy Assistant Secretary PMGS60010 Special Initiatives DUGS60588 Staff Assistant to the DUGS60281 Special Projects Officer to Coordinator to the Director, Office of Director of Executive Scheduling and the Assistant Secretary for Housing, Communications Federal Housing Commissioner Operations DUGS60595 Legislative Specialist to PMGS60011 Deputy General Counsel DUGS60286 Staff Assistant to the the Assistant Secretary for to the General Counsel General Deputy Assistant Secretary Congressional and Intergovernmental PMGS60013 Special Assistant to the for Policy Development Research Relations Director, Office of Communications DUGS60361 Regional Director, Denver DUGS60598 Special Counsel to the PMGS60016 Special Assistant to the Colorado to the Assistant to the General Counsel Deputy Director Secretary/White House Liaison DUGS60601 Staff Assistant to the PMGS60017 Special Counselor to the DUGS60379 Deputy Director for Assistant Secretary for Congressional General Counsel Scheduling to the Director of and Intergovernmental Relations PMGS60018 Special Assistant to the Executive Scheduling and Operations DUGS60603 Staff Assistant to the Director, Office of Communications DUGS60387 Advance Coordinator to General Deputy Assistant Secretary PMGS60022 Deputy Director, Office of the Director of Executive Scheduling for Policy Development Research Communications to the Director, and Operations Section Office of Communications DUGS60417 Special Assistant to the PMGS60024 Policy Analyst to the Assistant Secretary for Administration Section 213.3388 Presidents Director DUGS60419 Special Assistant (Speech Commission on White House Writer) to the Assistant Secretary for Fellowships Section 213.3393 Pension Benefit Community Planning and WHGS00010 Staff Assistant (Office Guaranty Corporation Development Automation) to the Director, BGGS60003 Assistant Executive DUGS60420 Deputy White House President’s Commission on White Director for Legislative Affairs to the Liaison to the Assistant to the House Fellowships Executive Director Secretary/White House Liaison WHGS00011 Education and Special Section 213.3394 Department of DUGS60431 Regional Director, Kansas Projects Director to the Director, Transportation City, Kansas to the Deputy Assistant President’s Commission on White Secretary for Congressional Relations House Fellowships DTGS00114 Senior Policy Advisor to DUGS60434 Staff Assistant to the WHGS60007 Associate Director to the the Administrator Assistant Deputy Secretary for Field Director, President’s Commission on DTGS60003 Special Assistant to the Policy and Management White House Fellowships Secretary and Deputy Director for DUGS60452 Deputy Director for Section 213.3389 National Mediation Scheduling and Advance Advance to the Director of Executive Board DTGS60020 Deputy Assistant Scheduling and Operations Secretary for Governmental Affairs to DUGS60458 Intergovernmental NMGS60056 Confidential Assistant to the Assistant Secretary for Relations Assistant to the Assistant the Chairman Governmental Affairs Secretary for Congressional and Section 213.3391 Office of Personnel DTGS60025 Special Assistant to the Intergovernmental Relations Management Under Secretary of Transportation for DUGS60462 Special Assistant to the Security PMGS00025 Special Assistant to the Assistant Secretary for Community DTGS60055 Associate Director for Director, Office of Communications Governmental Affairs to the Assistant Planning and Development PMGS00029 Special Assistant to the Secretary for Governmental Affairs DUGS60464 Special Projects Director, Office of Communications Coordinator to the Assistant Deputy PMGS00030 Attorney Advisor to the DTGS60060 Deputy Assistant Secretary for Field Policy and General Counsel Secretary for Governmental Affairs to Management PMGS00032 White House Liaison to the Assistant Secretary for DUGS60469 Special Assistant to the the Chief of Staff Governmental Affairs Assistant Secretary for Congressional PMGS00033 Chief, Office of Senate DTGS60069 Director, Office of Public and Intergovernmental Relations Affairs to the Director, Office of and Consumer Affairs to the DUGS60472 Deputy Assistant Congressional Relations Administrator Secretary to the Assistant Secretary PMGS00034 Confidential Assistant/ DTGS60128 Special Assistant to the for Congressional and Scheduler to the Chief of Staff Administrator Intergovernmental Relations PMGS00035 Deputy Chief of Staff to DTGS60141 Special Assistant to the DUGS60477 Special Assistant to the the Chief of Staff Chief of Staff Assistant Secretary for Housing, PMGS00036 Special Assistant to the DTGS60151 Assistant to the Secretary Federal Housing Commissioner Director, Office of Communications for Policy to the Secretary

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DTGS60156 Deputy Assistant TBGS60025 Special Assistant to the I. Self-Regulatory Organization’s Secretary to the Assistant Secretary Vice Chairman Statement of the Terms of Substance of for Aviation and International Affairs TBGS60032 Special Assistant to a the Proposed Rule Change DTGS60175 Counselor to the Assistant Member NASD is proposing to: (1) Amend Secretary for Aviation and TBGS60034 Director, Office of Family Rule 6210(a) to clarify certain terms International Affairs Affairs to the Chairman used in the definition, ‘‘TRACE-eligible DTGS60198 Special Assistant to the TBGS60102 Special Assistant to the security’’; (2) amend NASD Rule Chief Counsel Vice Chairman 6230(e)(2) to expand the trade reporting DTGS60229 Special Assistant to the TBGS60105 Confidential Assistant to exemption to qualifying transactions in Administrator the Vice Chairman any TRACE-eligible security that is DTGS60239 Director, Office of listed and quoted on the Nasdaq Stock Congressional and Public Affairs to Section 213.3397 Federal Housing Market, Inc. (‘‘Nasdaq’’); and (3) make the Administrator Finance Board conforming amendments to the defined DTGS60243 Speechwriter to the FBOT00003 Special Assistant for Associate Director for Speechwriting term, ‘‘reportable TRACE transaction,’’ External Affairs to the Chairman in Rule 6210(c). Rules 6210 and 6230 DTGS60254 White House Liaison to FBOT00005 Staff Assistant to the the Chief of Staff are part of the Trade Reporting and Chairman Compliance Engine (‘‘TRACE’’) rules. DTGS60257 Deputy Director to the FBOT60001 Special Assistant to the Assistant to the Secretary and Director Below is the text of the proposed rule Chairman change. Proposed new language is in of Public Affairs FBOT60002 Counsel to the Chairman DTGS60258 Associate Director for italics; proposed deletions are in FBOT60004 Chief Counsel to the Governmental Affairs to the Assistant brackets. Board Director Secretary for Governmental Affairs * * * * * FBOT60006 Special Assistant to the DTGS60276 Special Assistant to the Board Director 6200. Trade Reporting and Compliance Administrator Engine (TRACE) DTGS60277 Staff Assistant to the FBOT60007 Special Assistant to the Administrator Board Director 6210. Definitions Authority: 5 U.S.C. 3301 and 3302; E.O. The terms used in this Rule 6200 Section 213.3394 Department of 10577, 3 CFR 1954–1958 Comp., p. 218 Transportation Series shall have the same meaning as Office of Personnel Management. those defined in NASD’s By-Laws and DTGS60279 Associate Director for Kay Coles James, Rules unless otherwise specified. Speechwriting to the Assistant to the Director. (a) The term ‘‘TRACE-eligible Secretary and Director of Public [FR Doc. 03–31406 Filed 12–19–03; 8:45 am] security’’ shall mean all United States Affairs dollar denominated debt securities that BILLING CODE 6325–38–U DTGS60285 Special Assistant to the are depository eligible securities under Administrator Rule 11310(d); Investment Grade or DTGS60288 Associate Director for Non-Investment Grade; issued by Governmental Affairs to the Assistant United States and/or foreign private Secretary for Governmental Affairs SECURITIES AND EXCHANGE COMMISSION issuers [corporations]; and: (1) DTGS60294 Counselor to the registered under the Securities Act of Associate Deputy Secretary 1933 [with the Securities and Exchange DTGS60295 Executive Assistant to the [Release No. 34–48926; File No. SR–NASD– Commission] or (2) issued pursuant to Associate Deputy Secretary 2003–182] Section 4(2) of the Securities Act of DTGS60301 Associate Director for 1933 and purchased and sold pursuant Governmental Affairs to the Assistant Self-Regulatory Organizations; Notice to Rule 144A of the Securities Act of Secretary for Governmental Affairs of Filing of Proposed Rule Change by DTGS60324 Director for Scheduling the National Association of Securities 1933. The term ‘‘TRACE-eligible and Advance to the Chief of Staff Dealers, Inc. Relating to Proposed security’’ excludes debt issued by DTGS60338 Special Assistant to the Amendments to ‘‘TRACE-Eligible government-sponsored entities, Associate Administrator for Policy Security’’ and an Exemption to Trade mortgage- or asset-backed securities, DTGS60339 Director of Public Affairs Reporting collaterallized mortgage obligations, and to the Administrator money market instruments. For December 15, 2003. DTGS60341 Associate Director for purposes of the Rule 6200 Series, the Governmental Affairs to the Assistant Pursuant to Section 19(b)(1) of the term ‘‘money market instrument’’ means Securities Exchange Act of 1934 a debt security that at issuance has a Secretary for Governmental Affairs 1 2 DTGS60351 Counselor to the Deputy (‘‘Act’’), and Rule 19b–4 thereunder, maturity of one year or less. Secretary notice is hereby given that on December (b) No Change. DTGS60357 Special Assistant for 5, 2003, the National Association of (c) The term ‘‘reportable TRACE Scheduling and Advance to the Securities Dealers, Inc. (‘‘NASD’’) filed transaction’’ shall mean any secondary Director for Scheduling and Advance with the Securities and Exchange market transaction in a TRACE-eligible DTGS60358 Special Assistant to the Commission (‘‘SEC’’ or ‘‘Commission’’) security except transactions in TRACE- Director for Scheduling and Advance the proposed rule change as described eligible securities that are listed on a DTGS60365 Special Assistant to the in Items I, II, and III below, which Items national securities exchange registered Assistant Secretary for Transportation have been prepared by NASD. The under Section 6 of the Securities Policy Commission is publishing this notice to Exchange Act of 1934, when such solicit comments on the proposed rule transactions are executed on, and Section 213.3396 National change from interested persons. reported to the exchange and the Transportation Safety Board transaction information is disseminated TBGS60001 Counselor to the 1 15 U.S.C. 78s(b)(1). publicly, or transactions in [convertible Chairman 2 17 CFR 240.19b–4. debt] TRACE-eligible securities that are

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listed and quoted on the Nasdaq Stock Although most issuers of securities are the defined term, ‘‘reportable TRACE Market, Inc. (Nasdaq), when such organized as corporations, this transaction,’’ in Rule 6210(c). transactions are reported to Nasdaq and amendment makes clear that the debt 2. Statutory Basis the transaction information is securities of issuers that use another disseminated publicly. form of business organization are NASD believes that the proposed rule (d) through (i) No Change. TRACE-eligible securities, provided that change is consistent with the provisions 4 * * * * * all the other conditions set forth in Rule of Section 15A(b)(6) of the Act, which 6210(a) are met. requires, among other things, that 6230. Transaction Reporting Trade Reporting Exemption for NASD’s rules must be designed to (a) through (d) No Change. Nasdaq-Listed Debt Securities. NASD prevent fraudulent and manipulative (e) Transactions [Not Required To Be has determined that the exemption from acts and practices, to promote just and Reported] Exempt From Reporting. trade reporting in Rule 6230(e)(2), equitable principles of trade, and, in The following types of transactions relating to debt securities listed and general, to protect investors and the shall not be reported: quoted on Nasdaq, is inappropriately public interest. NASD believes that the (1) Transactions that are part of a narrow. The proposed amendment to proposed rule change, if approved, will primary distribution by an issuer.[;] Rule 6230(e)(2) will clarify and expand provide NASD, as the self-regulatory (2) Transactions in TRACE-eligible the exemption for certain transactions in organization designated to regulate the securities that are listed on a national TRACE-eligible debt securities that are over-the-counter markets, with securities exchange, when such listed on Nasdaq. NASD is also appropriate capabilities to regulate and transactions are executed on and proposing conforming changes to Rule provide surveillance of the debt reported to the exchange and the 6210(c). securities markets to prevent fraudulent transaction information is disseminated Currently, Rule 6230(e)(2) provides, and manipulative acts and practices, for publicly, and transactions in in relevant part, that a transaction in a the protection of investors and in the [convertible debt] TRACE-eligible TRACE-eligible security is exempt from public interest. securities that are listed and quoted on reporting if the transaction is in a B. Self-Regulatory Organization’s Nasdaq, when such transactions are convertible debt security that is listed Statement on Burden on Competition reported to Nasdaq and the transaction and quoted on Nasdaq, the transaction information is disseminated publicly.[; is reported to Nasdaq, and the NASD does not believe that the and] transaction information is disseminated proposed rule change will result in any (3) No Change. publicly. The proposed amendment to burden on competition that is not (f) No Change. Rule 6230(e)(2) will exempt a member necessary or appropriate in furtherance * * * * * from reporting to TRACE a transaction of the purposes of the Act, as amended. in any TRACE-eligible security that is I. Self-Regulatory Organization’s listed and quoted on Nasdaq, rather C. Self-Regulatory Organization’s Statement of the Purpose of, and than only convertible debt securities, Statement on Comments on the Statutory Basis for, the Proposed Rule provided that the other two Proposed Rule Change Received from Change requirements for the exemption are also Members, Participants, or Others In its filing with the Commission, present (i.e., the transaction is reported Written comments were neither NASD included statements concerning to Nasdaq and the transaction solicited nor received. the purpose of and basis for the information is disseminated publicly). The purpose of the provision is to III. Date of Effectiveness of the proposed rule change and discussed any exempt from the TRACE reporting Proposed Rule Change and Timing for comments it received on the proposed requirements a transaction in a TRACE- Commission Action rule change. The text of these statements eligible security if the transaction in the may be examined at the places specified Within 35 days of the date of Nasdaq-listed and -quoted security is in Item IV below. NASD has prepared publication of this notice in the Federal already subject to regulatory reporting, summaries, set forth in Sections A, B, Register or within such longer period (i) and the information reported is being and C below, of the most significant as the Commission may designate up to made available to the public through aspects of such statements. 90 days of such date if it finds such dissemination.3 At the time that the longer period to be appropriate and A. Self-Regulatory Organization’s provision relating to Nasdaq was publishes its reasons for so finding or Statement of the Purpose of, and adopted, the provision was limited to (ii) as to which the self-regulatory Statutory Basis for, the Proposed Rule Nasdaq-listed and -quoted convertible organization consents, the Commission Change debt securities because it was believed will: that these were the only debt securities A. by order approve such proposed 1. Purpose at issue. As the market in equity-linked rule change, or ‘‘TRACE-Eligible Security.’’ NASD debt securities has developed, NASD B. institute proceedings to determine proposes to amend Rule 6210(a) to believes that the language of the whether the proposed rule change clarify two terms in the definition, exemption should be broader to clarify should be disapproved. ‘‘TRACE-eligible security.’’ First, NASD that the same types of transactions in proposes to replace ‘‘registered with the these and similar securities that may be IV. Solicitation of Comments Securities and Exchange Commission’’ listed and quoted on Nasdaq should also Interested persons are invited to in Rule 6210(a) with ‘‘registered under be exempt from reporting. NASD also submit written data, views and the Securities Act of 1933’’ to clarify the proposes to make conforming changes to arguments concerning the foregoing, intended scope of that term. including whether the proposed rule Second, NASD proposes to clarify that 3 Rule 6230(e)(2) also includes an exemption from change is consistent with the Act. TRACE-eligible securities include the reporting for transactions in TRACE-eligible Persons making written submissions securities that are listed on a national securities debt securities of all U.S. and foreign exchange, when the transactions are executed on should file six copies thereof with the private issuers generally, by substituting and reported to the exchange, and transaction the word ‘‘issuers’’ for ‘‘corporations.’’ information is disseminated publicly. 4 15 U.S.C. 78o–3(b)(6).

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Secretary, Securities and Exchange below or other locally announced provide the product of a small business Commission, 450 Fifth Street, NW., locations: U.S. Small Business manufacturer or processor, if the Washington, DC 20549–0609. Administration, Disaster Area 1 Office, recipient is other than the actual Comments may also be submitted 360 Rainbow Blvd., South, 3rd Floor, manufacturer or processor. This electronically at the following e-mail Niagara Falls, NY 14303. requirement is commonly referred to as address: [email protected]. All The interest rates are: the Nonmanufacturer Rule. The SBA comment letters should refer to File No. regulations imposing this requirement For Physical Damage SR–NASD–2003–182. This file number are found at 13 CFR 121.906(b) and should be included on the subject line Non-profit organizations without credit 121.1106(b). Section 303(h) of the law if e-mail is used. To help the available elsewhere—3.061% provides for waiver of this requirement Commission process and review Non-profit organizations with credit by SBA for any ‘‘class of products’’ for comments more efficiently, comments available elsewhere—4.875% which there are no small business should be sent in hardcopy or by e-mail The number assigned to this disaster manufacturers or processors in the but not by both methods. Copies of the for physical damage is P01806. Federal market. To be considered submission, all subsequent (Catalog of Federal Domestic Assistance available to participate in the Federal amendments, all written statements Program Nos. 59008.) market on these classes of products, a with respect to the proposed rule Dated: December 11, 2003. small business manufacturer must have change that are filed with the Herbert L. Mitchell, submitted a proposal for a contract Commission, and all written solicitation or received a contract from communications relating to the Associate Administrator for Disaster Assistance. the Federal government within the last proposed rule change between the [FR Doc. 03–31387 Filed 12–19–03; 8:45 am] 24 months. The SBA defines ‘‘class of Commission and any person, other than products’’ based on a six digit North BILLING CODE 8025–01–P those that may be withheld from the American Industry Classification public in accordance with the System (NAICS) and the four digit provisions of 5 U.S.C. 552, will be SMALL BUSINESS ADMINISTRATION Product and Service Code established available for inspection and copying in by the Federal Procurement Data the Commission’s Public Reference Termination of the Waiver of the System. Room. Copies of such filing will also be Nonmanufacturer Rule available for inspection and copying at Linda G. Williams, the principal office of NASD. All AGENCY: Small Business Administration. Associate Administrator for Government submissions should refer to file number ACTION: Final rule. Contracting. SR–NASD–2003–182 and should be [FR Doc. 03–31409 Filed 12–19–03; 8:45 am] submitted by January 12, 2004. SUMMARY: The decision to terminate this BILLING CODE 8025–01–P waiver of the Nonmanufacturer Rule is For the Commission, by the Division of Market Regulation, pursuant to delegated based on evidence provided to the SBA authority.5 that there are small businesses which SMALL BUSINESS ADMINISTRATION manufacturer items within this class of Margaret H. McFarland, product. Terminating this waiver will Termination of the Waiver of the Deputy Secretary. require recipients of contracts set aside Nonmanufacturer Rule [FR Doc. 03–31451 Filed 12–19–03; 8:45 am] for small or 8(a) businesses to provide AGENCY: Small Business Administration. BILLING CODE 8010–01–P the product of domestic small business ACTION: manufacturers or processors where this Final rule. class of product is required. A notice to SUMMARY: The decision to terminate this SMALL BUSINESS ADMINISTRATION terminate a waiver of the waiver of the Nonmanufacturer Rule is [Declaration of Disaster #P018] Nonmanufacturer Rule appeared in the based on evidence provided to the SBA Federal Register on October 29, 2003 that there are small businesses which U.S. Virgin Islands (FR 68 209). Comments from this notice manufacturer items within this class of were received from small business product. Terminating this waiver will As a result of the President’s major manufacturers. Our knowledge of the disaster declaration for Public require recipients of contracts set aside existence of small business for small or 8(a) businesses to provide Assistance on December 9, 2003 the manufacturers requires us to terminate U.S. Small Business Administration is the product of domestic small business the waiver of the Nonmanufacturer for manufacturers or processors where this activating its disaster loan program only Small Arms Manufacturing, NAICS for private non-profit organizations that class of product is required. A notice to 332994, in accordance with 13 CFR terminate a waiver of the provide essential services of a 121.1204(a)(7). governmental nature. I find that St. Nonmanufacturer Rule appeared in the Croix, St. John, and St. Thomas, EFFECTIVE DATE: December 22, 2003. Federal Register on October 29, 2003 including Water Island, in the U.S. FOR FURTHER INFORMATION: Edith Butler, (FR 68 209). Comments from this notice Virgin Islands constitute a disaster area Program Analyst, U.S. Small Business were received from small business due to damages caused by severe Administration, 409 3rd Street, SW., manufacturers. Our knowledge of the storms, flooding, landslides and Washington DC, 20416 Tel: (202) 619– existence of small business mudslides occurring on November 10 0422 manufacturers requires us to terminate through November 16, 2003. SUPPLEMENTARY INFORMATION: Public the waiver of the Nonmanufacturer for Applications for loans for physical Law 100–656, enacted on November 15, Ammunition (Except Small Arms) damage as a result of this disaster may 1988, incorporated into the Small manufacturing, NAICS 332993, in be filed until the close of business on Business Act the previously existing accordance with 13 CFR 121.1204(a)(7). February 9, 2004, at the address listed regulation that recipients of Federal EFFECTIVE DATE: December 22, 2003. contracts set aside for small businesses FOR FURTHER INFORMATION: Edith Butler, 5 17 CFR 200.30–3(a)(12). or SBA 8(a) Program procurement must Program Analyst, U.S. Small Business

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Administration, 409 3rd Street SW., and 31 U.S.C. 3711(e). We invite public from maintaining, handling, moving, Washington DC, 20416 Tel:(202) 619– comment on this proposal. housing and reconstructing paper files. 0422. DATES: We filed a report of the proposed This paper bound process includes SUPPLEMENTARY INFORMATION: Public eDib Claim File and the applicable initial adjudication, the administrative Law 100–656, enacted on November 15, routine uses with the Chairwoman of appeals process and continuing 1988, incorporated into the Small the Senate Committee on Governmental eligibility to benefits. Business Act the previously existing Affairs, the Chairman of the House The proposed eDib Claim File will regulation that recipients of Federal Committee on Government Reform, and allow the electronic collection, transfer, contracts set aside for small businesses the Director, Office of Information and access and processing of disability or SBA 8(a) Program procurement must Regulatory Affairs, Office of claims information in a more efficient provide the product of a small business Management and Budget (OMB) on and less costly manner through manufacturer or processor, if the December 16, 2003. The proposed eDib improved hardware/software systems recipient is other than the actual Claim File system of records and the and automated programs such as: • Internet applications that allow the manufacturer or processor. This proposed routine uses will become collection of disability claims medical requirement is commonly referred to as effective on January 25, 2004, unless we information from the public via the the Nonmanufacturer Rule. The SBA receive comments warranting that they not be effective. Internet; regulations imposing this requirement • Electronic disability collect system are found at 13 CFR 121.906(b) and ADDRESSES: Interested individuals may (EDCS) that allows SSA field personnel 121.1106(b). Section 303(h) of the law comment on this publication by writing to electronically collect information and provides for waiver of this requirement to the Executive Director, Office of transfer data to the electronic folder; by SBA for any ‘‘class of products’’ for Public Disclosure, Office of the General • Electronic folder infrastructure and which there are no small business Counsel, Social Security document management architecture manufacturers or processors in the Administration, Room 3–A–6 (DMA) that stores electronic versions of Federal market. To be considered Operations Building, 6401 Security all information previously housed in the available to participate in the Federal Boulevard, Baltimore, Maryland 21235– paper folder (e.g., data, images, work market on these classes of products, a 6401. All comments received will be documents, hearing recordings, etc.) and small business manufacturer must have available for public inspection at the shares those items electronically among submitted a proposal for a contract above address. all components in the disability process; solicitation or received a contract from FOR FURTHER INFORMATION CONTACT: Ms. • Automated case processing and the Federal government within the last Christine W. Johnson, Strategic Issues management system that builds upon 24 months. Team, Office of Public Disclosure, existing products and projects within The SBA defines ‘‘class of products’’ Office of the General Counsel, Social the Office of Hearings and Appeals based on a six digit North American Security Administration, Room 3–C–1 including interface with the electronic Industry Classification System (NAICS) Operations Building, 6401 Security folder; and and the four digist Product and Service Boulevard, Baltimore, Maryland 21235– • Systems migration from current Code established by the Federal 6401, e-mail address at Disability Determination Services case Procurement Data System. [email protected], or by processing systems to technology that is Linda G. Williams, telephone at (410) 965–8563. better able to handle eDib activities. Associate Administrator for Government SUPPLEMENTARY INFORMATION: To this end, the eDib Claim File will Contracting. encompass all disability cases from the I. Background and Purpose of the [FR Doc. 03–31410 Filed 12–19–03; 8:45 am] initial intake process through the Proposed New eDib Claim File System administrative appeals process and BILLING CODE 8025–01–P of Records include the continuing disability review A. General Background process. All materials from the disability folder will be created, SOCIAL SECURITY ADMINISTRATION The Agency currently receives the maintained and stored electronically application and supporting claims Privacy Act of 1974, as Amended; New and case processing systems throughout information via a number of means (i.e., SSA and the state DDSs will interface System of Records and New Routine field offices, teleclaims, and Internet Use Disclosures with the eDib Claim File to support the application) and converts submitted paperless process. AGENCY: Social Security Administration information into paper-based records. Because SSA will maintain and (SSA). SSA and the State Disability retrieve information from the proposed ACTION: Proposed new system of records Determination Services (DDS) receive, eDib Claim File using Social Security and proposed routine uses. review and transfer the paper folders numbers (SSN) and/or names, the between offices responsible for proposed eDib Claim File will constitute SUMMARY: In accordance with the developing and adjudicating the claim. a ‘‘system of records’’ under the Privacy Privacy Act (5 U.S.C. 552a(e)(4) and Claims representatives, disability Act. (e)(11)), we are issuing public notice of examiners, quality assurance reviewers, our intent to establish a new system of hearing clerks, judges, etc., work B. Collection and Maintenance of Data records entitled Electronic Disability through the paper file while reviewing in the eDib Claim File System of Claim File, 60–0320, hereinafter referred the evidence. More paper is added at Records to as the eDib Claim File, and routine each review stage. After the Agency The eDib Claim File will include uses applicable to the system of records. reaches a decision on a person’s identifying information about claimants, We also are issuing notice that we may entitlement to benefits, the folder is applicants, beneficiaries and potential disclose personally identifiable mailed to a component responsible for claimants for disability benefits and information from the eDib Claim File to storing and retrieving folders for payments administered by the Social consumer reporting agencies in subsequent actions. In the paper Security Administration. See the accordance with 5 U.S.C. 552a(b)(12) process, SSA incurs significant costs ‘‘Categories of Records’’ section of the

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notice below for a full description of the Disclosure of any information defined Representative Payee program data that will be maintained in the as ‘‘return or return information’’ under provisions of section 205(j) and 1631(a) system of records. 26 U.S.C. 6103 of the Internal Revenue of the Social Security Act (Act). Code (IRC) will not be disclosed unless 6. To a person (or persons) on the II. Proposed Routine Use Disclosures of authorized by a statute, the Internal rolls when a claim is filed by an Data Maintained in the Proposed eDib individual which is adverse to the Claim File System of Records Revenue Service (IRS) or IRS Regulations. person on the rolls, i.e., A. Proposed Routine Use Disclosures We will disclose information under (a) An award of benefits to a new We are proposing to establish the this routine use only as necessary to claimant precludes an award to a prior following routine use disclosures of enable DOJ to effectively defend SSA, claimant; or information that will be maintained in its components or employees in (b) An award of benefits to a new the proposed new eDib Claim File litigation involving the proposed system claimant will reduce the benefit system of records: of records or when the United States is payments to the individual(s) on the 1. To the Office of the President for a party to litigation and SSA has an rolls, but only for information the purpose of responding to an interest in the litigation. concerning the facts relevant to the individual pursuant to an inquiry 4. To third party contacts in situations interest of each party in a claim. received from that individual or from a where the party to be contacted has, or We will disclose information under third party on his or her behalf. is expected to have, information relating this routine use to a person(s) on the We will disclose information under to the individual’s capability to manage rolls only in situations involving the this routine use only in situations in his/her affairs or his/her eligibility for or subsequent filing of a claim that which an individual may contact the entitlement to benefits under the Social negatively affects the benefit status of Office of the President, seeking that Security program when: the person already on the rolls. Office’s assistance in a matter relating to (a) The individual is unable to 7. To employers or former employers the eDib Claim File. Information will be provide information being sought. An for correcting or reconstructing earnings disclosed when the Office of the individual is considered to be unable to records and for Social Security tax President makes an inquiry and provide certain types of information purposes only. indicates that it is acting on behalf of when: We will disclose information under the individual whose record is (i) He/she is incapable or of this routine use only for the purpose of requested. questionable mental capability; assisting in the correction and 2. To a congressional office in (ii) He/she cannot read or write; reconstruction of earning records for response to an inquiry from that office (iii) He/she cannot afford the cost of Social Security tax purposes only. made at the request of the subject of a obtaining the information; 8. To the Department of Treasury for: record. (iv) He/she has a hearing impairment, (a) Collecting Social Security taxes or We will disclose information under and is contacting SSA by telephone as otherwise pertinent to tax and benefit this routine use only in situations in through a telecommunications relay payment provisions of the Act which an individual may ask his or her system operator; (including SSN verification services); or congressional representative to (v) A language barrier exists; or (b) Investigating alleged theft, forgery intercede in a matter relating to the eDib (vi) The custodian of the information or unlawful negotiation of Social Claim File. Information will be will not, as a matter of policy, provide Security checks. disclosed when the congressional it to the individual; or We will disclose information under representative makes an inquiry and (b) The data are needed to establish this routine use only for the purpose of indicates that he or she is acting on the validity of evidence to verify the assisting the Department of Treasury in behalf of the individual whose record is accuracy of information presented by the collection of Social Security taxes requested. the individual, and it concerns one or and for investigating the unlawful 3. To the Department of Justice (DOJ), more of the following: receipt and/or negotiation of Social a court or other tribunal, or another (i) His/her eligibility for benefits Security checks. party before such tribunal when: under the Social Security program; 9. To the United States Postal Services (a) SSA or any component thereof; or (ii) The amount of his/her benefit for investigating the alleged forgery, (b) Any SSA employee in his/her payment; or theft or unlawful negotiation of Social official capacity; or (iii) Any case in which the evidence Security checks. (c) Any SSA employee in his/her is being reviewed as a result of We will disclose information under individual capacity where DOJ (or SSA suspected abuse or fraud, concern for this routine use only to the extent where it is authorized to do so) has program integrity, or for quality necessary to assist SSA in the agreed to represent the employee; or appraisal, or evaluation and investigation of unlawful receipt and (d) The United States or any agency measurement activities. negotiation of Social Security checks. thereof where SSA determines that the We will disclose information under 10. Information may be disclosed to litigation is likely to affect the this routine use only as necessary to DOJ for: operations of SSA or any of its enable SSA to obtain information that (a) Investigating and prosecuting components will assist in determining individuals’ violations of the Act to which criminal is party to litigation or has an interest entitlement to or management of penalties attach, in such litigation and SSA determines benefits under the Social Security (b) Representing the Commissioner, or that the use of such records by DOJ, a program. (c) Investigating issues of fraud by court or other tribunal, or another party 5. To third party contacts, where agency officers or employees, or before such tribunal is relevant and necessary, to establish or verify violation of civil rights. necessary to the litigation, provided, information provided by representative We will disclose information under however, that in each case, SSA payees or payee applicants. this routine use, only as necessary, to determines that such disclosure is We will disclose information under enable DOJ to represent SSA in matters compatible with the purpose for which this routine use only as necessary to concerning violations of the Act, to the records were collected. assist SSA in the administration of the represent the Commissioner of Social

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Security and to investigate issues of medical examinations or vocational maintenance or health maintenance fraud by SSA officers or employees or assessments to assist SSA in the programs (including programs under the violation of civil rights. development of disability Act). Such disclosures include, but are 11. To the Department of State and its determinations pursuant to sections 221 not limited to, release of information to: agents for administering the Act in or 1633 of the Act. (a) The Railroad Retirement Board for foreign countries through facilities and 17. To specified business and other administering provisions of the Railroad services of that agency. community members and Federal, State, Retirement and Social Security Acts The Department of State acts as SSA’s and local agencies for verification of relating to railroad employment and for agent in administering Social Security eligibility for benefits under section administering the Railroad affairs in foreign countries. We 1631(e) of the Act. Unemployment Insurance Act; contemplate disclosing to the We will disclose information under (b) The VA for administering 38 Department of State, as necessary, to this routine use only for the purpose of U.S.C. 412, and upon request, administer the Social Security program assisting SSA in the verification of information needed to determine for individuals residing in foreign information necessary for the effective eligibility for or amount of VA benefits countries. and efficient administration of SSA or verifying other information with 12. To the American Institute of programs pursuant to section 1631(e) of respect thereto; Taiwan and its agents for administering the Act. (c) The Department of Labor for the Act in Taiwan through facilities and 18. To institutions or facilities administering provisions of Title IV of services of that organization. approved for treatment of drug addicts the Federal Coal Mine Health and Safety The American Institute of Taiwan acts or alcoholics as a condition of the Act, as amended by the Black Lung as SSA’s agent in administering Social individual’s eligibility for payment Benefits Act; Security affairs in Taiwan. We under section 1611(e)(3) of the Act and (d) State agencies for making contemplate disclosing to the American as authorized by regulations issued by determinations of Medicaid eligibility; Institute of Taiwan, as necessary, to the Special Action Office for Drug and administer the Social Security program Abuse Prevention. (e) State agencies for making We will disclose information under for individuals residing in Taiwan. determinations of food stamp eligibility this routine use only for the purpose of 13. To the Department of Veterans under the food stamp program; Affairs, Philippines Regional Office and verifying eligibility for payment as (f) To State audit agencies for auditing its agents, for administering the Act in authorized by section 1611(e)(3) of the State supplementation payments and the Philippines through facilities and Act and regulations issued by the Medicaid eligibility considerations; and services of that agency. Special Action Office for Drug Abuse expenditures of Federal funds by the The Department of Veterans Affairs, Prevention. State in support of the DDSs; Philippines Regional Office, acts as 19. To applicants, claimants, SSA’s agent in administering Social prospective applicants or claimants, (g) To State welfare departments Security affairs in the Philippines. We other than the data subject, their pursuant to agreements with SSA for contemplate disclosing to that agency as authorized representatives or administration of State supplementation necessary to administer benefits for representative payees to the extent payments; for enrollment of welfare individuals residing in the Philippines. necessary to pursue Social Security recipients for medical insurance under 14. To the Department of Interior and claims and to representative payees section 1843 of the Act; and for its agents for administering the Act in when the information pertains to conducting independent quality the Northern Mariana Islands through individuals for whom they serve as assurance reviews of SSI recipient facilities and services of that agency. representative payees, for the purpose of records, provided that the agreement for The Department of Interior acts as assisting SSA in administering its Federal administration of the SSA’s agent in administering Social representative payment responsibilities supplementation provides for such an Security affairs in the Northern Mariana under the Act and assisting the independent review; and Islands. We contemplate disclosing to representative payees in performing (h) To State vocational rehabilitation the Department of Interior, as necessary, their duties as payees, including agencies or State crippled children’s to administer the Social Security receiving and accounting for benefits for service agencies (or other agencies program for individuals residing in the individuals for whom they serve as providing services to disabled children) Northern Mariana Islands. payees. for consideration of rehabilitation 15. To State Social Security We will disclose information under services per sections 222 and 1615 of Administrators for administration of this routine use, only to the extent the Act. agreements pursuant to section 218 of necessary, to pursue Social Security We will disclose information under the Act. claims and assist SSA in administration this routine use only for the purpose of We will disclose information under of the representative payee program. supporting other government agencies this routine use only for the purpose of 20. In response to legal process or that administer programs which have administering agreements pursuant to interrogatories relating to the the same compatible purposes as SSA section 218 of the Act. enforcement of an individual’s child programs, e.g., eligibility, benefit 16. To private medical and vocational support or alimony obligations, as amounts, or other matters of benefit consultants for use in making required by sections 459 and 460 of the status in a social security program and preparation for, or evaluating the results Act. is relevant to determining the same of, consultative medical examinations or We will disclose information under matters in the other program. vocational assessments which they were this routine use only in accordance with 22. To the Social Security agency of engaged to perform by SSA or a State the child support and alimony a foreign country, to carry out the agency acting in accord with sections obligations set out in sections 459 and purpose of an international Social 221 or 1633 of the Act. 460 of the Act. Security agreement entered into We will disclose information under 21. To Federal, State or local agencies between the United States and the other this routine use only for the purpose of (or agents on their behalf) for country, pursuant to section 233 of the evaluating the results of consultative administering cash or non-cash income Act.

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We will disclose information under Program) may be disclosed to the promulgating standards, procedures and this routine use where information from Department of Education as authorized guidelines regarding record SSA’s records is needed by a foreign by section 489A of the Higher Education management and conducting records Social Security agency to implement a Act of 1965. management studies. 44 U.S.C. 2906, as provision of an agreement other than Under this routine use we will amended, provides that GSA and NARA adjudicating a claim for benefits. disclose address only information to the are to have access to Federal agencies’ 23. To the Internal Revenue Service Secretary of Education for the purpose records and that agencies are to (IRS), Department of the Treasury, for of locating beneficiaries that are cooperate with GSA and NARA. In the purpose of auditing SSA’s obligated on loans held by the Secretary. carrying out these responsibilities, it compliance with the safeguard 28. To student volunteers and other may be necessary for GSA and NARA to provisions of the Internal Revenue Code workers, who technically do not have have access to this proposed system of (IRC) of 1986, as amended. the status of Federal employees when records. In such instances, the routine This proposed routine use would they are performing work for SSA as use will facilitate disclosure. allow the IRS to audit SSA’s authorized by law and they need access maintenance of earnings and wage to personally identifiable information in B. Compatibility of Proposed Routine information in the eDib Claim File to SSA records in order to perform their Uses ensure that SSA complies with the assigned Agency functions. The Privacy Act (5 U.S.C. 552a(b)(3)) safeguard requirements of the IRC. Under certain Federal statutes, SSA is and SSA’s disclosure regulation (20 CFR 24. To third party contacts (including authorized to use the service of part 401) permit us to disclose private collection agencies under volunteers and participants in certain information under a published routine contract with SSA) for the purpose of educational, training, employment and use for a purpose that is compatible their assisting SSA in recovering community service programs. An with the purpose for which we collected overpayments. example of such statutes and programs the information. SSA’s Regulations at 20 We will disclose information under includes: 5 U.S.C. 2753 regarding the CFR 401.150(c) permits us to disclose this routine use only in situations in College Work-Study Program. We information under a routine use where which SSA requires third party contemplate disclosing information necessary to carry out SSA programs. assistance to collect overpayments under this routine use only when SSA SSA’s Regulations at 20 CFR 401.120 material to the Social Security program. uses the services of these individuals provide that we will disclose 25. To the Department of Homeland and they need access to information in information when a law specifically Security (Bureau of Citizenship and this system to perform their assigned requires the disclosure. The proposed Immigration Services (BCIS)), upon agency duties. routine uses numbered 1 through 24, 26, request, to identify and locate aliens in 29. To Federal, State and local law 28 and 29 above will ensure efficient the United States pursuant to section enforcement agencies and private administration of SSA programs 290(b) of the Immigration and security contractors as appropriate, administered through the proposed eDib Nationality Act (8 U.S.C. 1360(b)). information necessary: Claim File; the disclosures that would We will disclose information under • To enable them to protect the safety be made under routine uses number 25, this routine use only for the purpose of of SSA employees and customers, the 27, and 30 are required by law. The identifying and locating illegal aliens security of SSA workplace and the proposed routine uses are appropriate pursuant to section 290(b) of the operation of SSA facilities, or and meet the relevant statutory and Immigration and Nationality Act (8 • To assist investigations or regulatory criteria. U.S.C. 1360(b)). prosecutions with respect to activities III. Disclosure to Consumer Reporting 26. To contractors and other Federal that affect such safety and security or Agencies agencies, as necessary, for the purpose activities that disrupts the operation of of assisting SSA in the efficient SSA facilities. The Privacy Act of 1974, as amended administration of its programs. We We will disclose information under (5 U.S.C. 552a(b)(12)) permits Federal contemplate disclosing information this routine use to law enforcement agencies to disclose certain information under this routine use only in situations agencies and private security to consumer reporting agencies in in which SSA may enter a contractual contractors when information is needed accordance with 31 U.S.C. 3711(e) or similar agreement with a third party to respond to, investigate or prevent without the consent of the individuals to assist in accomplishing an agency activities that jeopardize the security to whom the information pertains. The function relating to this system of and safety of SSA customers, employees purpose of this disclosure is to provide records. or workplaces or that otherwise disrupt an incentive for individuals to pay any SSA occasionally contracts out certain the operation of SSA facilities. outstanding debts they owe to the of its functions when this would Information would also be disclosed to Federal government by including contribute to effective and efficient assist in the prosecution of persons information about these debts in the operations. SSA must be able to give a charged with violating Federal or local records relating to those persons contractor whatever information the law in connection with such activities. maintained by consumer reporting Agency can legally provide in order for 30. Non-tax return information which agencies. This is a practice commonly the contractor to fulfill its duties. In is not restricted from disclosure by used by the private sector. The these situations, safeguards are provided Federal law to the General Services information disclosed will be limited to in the contract prohibiting the Administration (GSA) and the National that which is needed to establish the contractor from using or disclosing the Archives Records Administration identity of the individual debtor, the information for any purpose other than (NARA) under 44 U.S.C. 2904 and 2906, amount, status, and history of the debt, that described in the contract. as amended by NARA Act of 1984, for and the agency or program under which 27. Addresses of beneficiaries who are the use of those agencies in conducting the debt arose. obligated on loans held by the Secretary records management studies. We have added the following of Education or a loan made in The Administrator of GSA and the statement at the end of the routine uses accordance with 20 U.S.C. 1071, et seq. Archivist of NARA are charged by 44 section of the proposed system of (the Robert T. Stafford Student Loan U.S.C. 2904, as amended, with records:

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Disclosure pursuant to 5 U.S.C. that information that is necessary for the Veterans Administration and mental 552a(b)(12) may be made to consumer efficient and effective control and institutions. reporting agencies as defined in the Fair processing of disability applications The eDib claim file also may contain Credit Reporting Act (15 U.S.C. from the initial phase through the data collected as a result of inquiries or 1681a(f)) or the Federal Claims appeals process and includes the CDR complaints and evaluation and Collection Act of 1966 (31 U.S.C. 3701, process. Security measures will be measurement studies of the et seq.) as amended. The disclosure will employed that protect access to and effectiveness of claims policies. be made in accordance with 31 U.S.C. preclude unauthorized disclosure of Separate files may be maintained of 3711(e) when authorized by sections records in the proposed system of certain actions, which are entered 204(f), 808(e), or 1631(b)(4) of the Social records. Therefore, we do not anticipate directly into the electronic processes. Security Act (42 U.S.C. 404(f), 1008(e), that the proposed system of records will These relate to reports of changes of or 1383(b)(4)). The purpose of this have an unwarranted adverse effect on address, work status, and other post- disclosure is to aid in the collection of the rights of individuals. adjudicative reports. Separate abstracts outstanding debts owed to the Federal Dated: December 16, 2003. also are maintained for statistical government, typically, to provide an Jo Anne B. Barnhart, purposes i.e., disallowances, technical incentive for debtors to repay denials, and demographic and statistical Commissioner. delinquent Federal government debts by information relating to disability making these debts part of their credit SYSTEM NAME: decisions. records. The information to be disclosed Electronic Disability (eDib) Claim File, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: is limited to the individual’s name, Social Security Administration, Deputy address, SSN, and other information Sections 202–205, 223, 226, 228, Commissioner for Disability and Income necessary to establish the individual’s 1611, 1631, 1818, 1836, and 1840 of the Security Programs. identity, the amount, status, and history Social Security Act (42 U.S.C. 402–405, of the debt and the agency or program SECURITY CLASSIFICATION: 423, 426, 428, 1382, 1383, 1395i–2, under which the debt arose. None. 1395o and 1395s

IV. Records Storage Medium and SYSTEM LOCATION: PURPOSE(S): Safeguards for the Proposed eDib Claim The eDib claim files are virtually The electronic disability claim file File System of Records established in Social Security field contains material related to the request The eDib Claim File is a repository. offices when claims for benefits are for or continuation of benefit payments Only authorized SSA personnel who filed, or a lead is expected to result in under Titles II and XVI of the Social have a need for the information in the a claim, and maintained in the National Security Act. eDib claim file performance of their official duties will Computer Center at SSA Headquarters. information is used throughout SSA for be permitted access to the information. The computerized records and database purposes of pursuing claims; collecting, We will safeguard the security of the are maintained at Social Security documenting, organizing and information by requiring the use of Administration, Office of Systems, 6401 maintaining information and documents access codes to enter the computer Security Boulevard, Baltimore, for making determinations of eligibility systems that will maintain the data and Maryland 21235. for disability benefits, the amount of will store computerized records in Other authorized Federal and State benefits, the appropriate payee for secured areas that are accessible only to agencies that have access to the current benefits; reviewing continuing employees who require the information paper disability folder will also have eligibility; holding hearings or to perform their official duties. Any electronic access as needed to the eDib administrative review processes; manually maintained records will be claim file. State agencies process ensuring that proper adjustments are kept in locked cabinets or in otherwise disability and vocational rehabilitation made based on events affecting secure areas. Furthermore, SSA determinations. Contact the system entitlement; and answering inquiries. employees having access to SSA manager for address information. eDib claim files may be referred to databases maintaining personal State Disability Determination Service information must sign a sanction CATEGORIES OF INDIVIDUALS COVERED BY THE (DDS) agencies or vocational document annually, acknowledging SYSTEM: rehabilitation agencies. They may also their accountability for making Claimants, applicants, beneficiaries be used for quality review, evaluation, unauthorized access to or disclosure of and potential claimants for disability and measurement studies, and other such information. benefits and payments administered by statistical and research purposes. Contractor personnel having access to the Social Security Administration (e.g., Extracts may be maintained as data in the eDib Claim File will be Title II and XVI disability claims). interviewing tools, activity logs, records required to adhere to SSA rules of claims clearance, and records of type CATEGORIES OF RECORDS IN THE SYSTEM: concerning safeguards, access and use of or nature of actions taken. the data. The eDib Claim File contains the SSA personnel having access to the name and Social Security number (SSN) ROUTINE USES OF RECORDS MAINTAINED IN THE data on this system will be informed of of the claimant or potential claimant SYSTEM, INCLUDING CATEGORIES OF USERS AND the criminal penalties of the Privacy Act and may contain the application for THE PURPOSES OF SUCH USES: for unauthorized access to or disclosure benefits; supporting evidence and Disclosure may be made for routine of information maintained in this documentation for initial and uses as indicated below. However, system. See 5 U.S.C. 552a(i)(1). continuing entitlement; payment disclosure of any information defined as documentation; correspondence to and ‘‘return or return information’’ under 26 V. Effect of the Proposed eDib Claim from claimants and/or representatives; U.S.C. 6103 of the Internal Revenue File System of Records on the Rights of information about representative Code (IRC) will not be disclosed unless Individuals payees; and leads information from authorized by a statute, the Internal The proposed new eDib Claim File third parties such as social service Revenue Service (IRS), or IRS system of records will maintain only agencies, Internal Revenue Service, regulations.

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1. To the Office of the President for (i) His/her eligibility for benefits 15. To State Social Security the purpose of responding to an under the Social Security program; Administrators for administration of individual pursuant to an inquiry (ii) The amount of his/her benefit agreements pursuant to section 218 of received from that individual or from a payment; or the Act. third party on his or her behalf. (iii) Any case in which the evidence 16. To private medical and vocational 2. To a congressional office in is being reviewed as a result of consultants for use in making response to an inquiry from that office suspected abuse or fraud, concern for preparation for, or evaluating the results made at the request of the subject of a program integrity, or for quality of, consultative medical examinations or record. appraisal, or evaluation and vocational assessments which they were 3. To the Department of Justice (DOJ), measurement activities. engaged to perform by SSA or a State a court or other tribunal, or another 5. To third party contacts where agency acting in accord with sections party before such tribunal when: necessary to establish or verify 221 or 1633 of the Act. (a) SSA, or any component thereof, or information provided by representative 17. To specified business and other (b) Any SSA employee in his/her payees or payee applicants. community members and Federal, State, official capacity; or 6. To a person (or persons) on the and local agencies for verification of (c) Any SSA employee in his/her rolls when a claim is filed by an individual capacity where DOJ (or SSA eligibility for benefits under section individual which is adverse to the 1631(e) of the Act. where it is authorized to do so) has person on the rolls, i.e., agreed to represent the employee; or 18. To institutions or facilities (a) An award of benefits to a new approved for treatment of drug addicts (d) The United States or any agency claimant precludes an award to a prior thereof where SSA determines that the or alcoholics as a condition of the claimant; or individual’s eligibility for payment litigation is likely to affect the (b) An award of benefits to a new operations of SSA or any of its under section 1611(e)(3) of the Act and claimant will reduce the benefit as authorized by regulations issued by components is party to litigation or has payments to the individual(s) on the an interest in such litigation and SSA the Special Action Office for Drug rolls; but only for information Abuse Prevention. determines that the use of such records concerning the facts relevant to the by DOJ, a court or other tribunal, or 19. To applicants, claimants, interest of each party in a claim. prospective applicants or claimants, another party before such tribunal is 7. To employers or former employers relevant and necessary to the litigation, other than the data subject, their for correcting or reconstructing earnings authorized representatives or provided, however, that in each case, records and for Social Security tax SSA determines that such disclosure is representative payees to the extent purposes only. necessary to pursue Social Security compatible with the purpose for which 8. To the Department of Treasury for: claims and to representative payees the records were collected. (a) Collecting Social Security taxes or when the information pertains to Disclosure of any information defined as otherwise pertinent to tax and benefit individuals for whom they serve as as ‘‘return or return information’’ under payment provisions of the Act representative payees, for the purpose of 26 U.S.C. 6103 of the Internal Revenue (including SSN verification services); or Code (IRC) will not be disclosed unless (b) Investigating alleged theft, forgery, assisting SSA in administering its authorized by a statute, the Internal or unlawful negotiation of Social representative payment responsibilities Revenue Service (IRS), or IRS Security checks. under the Act and assisting the Regulations. 9. To the United States Postal Services representative payees in performing 4. To third party contacts in situations for investigating the alleged forgery, their duties as payees, including where the party to be contacted has, or theft or unlawful negotiation of Social receiving and accounting for benefits for is expected to have, information relating Security checks. individuals for whom they serve as to the individual’s capability to manage 10. Information may be disclosed to payees. his/her affairs or his/her eligibility for or DOJ for: 20. In response to legal process or entitlement to benefits under the Social (a) Investigating and prosecuting interrogatories relating to the Security program when: violations of the Act to which criminal enforcement of an individual’s child (a) The individual is unable to penalties attach, support or alimony obligations, as provide information being sought. An (b) Representing the Commissioner, or required by sections 459 and 460 of the individual is considered to be unable to (c) Investigating issues of fraud by Act. provide certain types of information agency officers or employees, or 21. To Federal, State, or local agencies when: (or agents on their behalf) for (i) He/she is incapable or of violation of civil rights. 11. To the Department of State and its administering cash or non-cash income questionable mental capability; maintenance or health maintenance (ii) He/she cannot read or write; agents for administering the Act in programs (including programs under the (iii) He/she cannot afford the cost of foreign countries through facilities and obtaining the information; services of that agency. Act). Such disclosures include, but are (iv) He/she has a hearing impairment, 12. To the American Institute of not limited to, release of information to: and is contacting SSA by telephone Taiwan and its agents for administering (a) The Railroad Retirement Board for through a telecommunications relay the Act in Taiwan through facilities and administering provisions of the Railroad system operator; services of that organization. Retirement and Social Security Acts (v) A language barrier exists; or 13. To the Department of Veterans relating to railroad employment and for (vi) The custodian of the information Affairs, Philippines Regional Office and administering the Railroad will not, as a matter of policy, provide its agents for administering the Act in Unemployment Insurance Act; it to the individual; or the Philippines through facilities and (b) The VA for administering 38 (b) The data are needed to establish services of that agency. U.S.C. 412, and upon request, the validity of evidence to verify the 14. To the Department of Interior and information needed to determine accuracy of information presented by its agents for administering the Act in eligibility for or amount of VA benefits the individual, and it concerns one or the Northern Mariana Islands through or verifying other information with more of the following: facilities and services of that agency. respect thereto;

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(c) The Department of Labor for function relating to this system of of the debt and the agency or program administering provisions of Title IV of records. under which the debt arose. the Federal Coal Mine Health and Safety 27. Addresses of beneficiaries who are POLICIES AND PRACTICES FOR STORING, Act, as amended by the Black Lung obligated on loans held by the Secretary RETRIEVING, ACCESSING, RETAINING, AND Benefits Act; of Education or a loan made in DISPOSING OF RECORDS IN THE SYSTEM: (d) State agencies for making accordance with 20 U.S.C. 1071, et seq. determinations of Medicaid eligibility; (the Robert T. Stafford Student Loan STORAGE: and Program) may be disclosed to the Records are maintained electronically. (e) State agencies for making Department of Education as authorized RETRIEVABILITY: determinations of food stamp eligibility by section 489A of the Higher Education under the food stamp program; Act of 1965. eDib claim files are retrieved (f) To State audit agencies for auditing 28. To student volunteers and other electronically by SSN and State supplementation payments and workers, who technically do not have alphabetically by name. Medicaid eligibility considerations; and the status of Federal employees, when SAFEGUARDS: expenditures of Federal funds by the they are performing work for SSA as State in support of the Disability eDib claim files are protected through authorized by law, and they need access limited access to SSA records. Access to Determination Services (DDS); to personally identifiable information in (g) To State welfare departments the records is limited to those SSA records in order to perform their pursuant to agreements with SSA for employees who require such access in assigned Agency functions. administration of State supplementation the performance of their official duties. 29. To Federal, State and local law payments; for enrollment of welfare All employees are instructed in SSA enforcement agencies and private recipients for medical insurance under confidentiality rules as a part of their security contractors, as appropriate, section 1843 of the Act; and for initial orientation training. information necessary: Safeguards for automated records conducting independent quality • assurance reviews of SSI recipient To enable them to protect the safety have been established in accordance records, provided that the agreement for of SSA employees and customers, the with the Systems Security Handbook. Federal administration of the security of SSA workplace and the For computerized records, electronically operation of SSA facilities, or transmitted between SSA’s central office supplementation provides for such an • independent review; and To assist investigations or and field office locations (including (h) To State vocational rehabilitation prosecutions with respect to activities organizations administering SSA agencies or State crippled children’s that affect such safety and security or programs under contractual service agencies (or other agencies activities that disrupts the operation of agreements), safeguards include a lock/ providing services to disabled children) SSA facilities. unlock password system, exclusive use for consideration of rehabilitation 30. Non-tax return information which of leased telephone lines, a terminal services per sections 222 and 1615 of is not restricted from disclosure by oriented transaction matrix, and an the Act. Federal law to the General Services audit trail. 22. To the Social Security agency of Administration (GSA) and the National a foreign country, to carry out the Archives Records Administration RETENTION AND DISPOSAL: purpose of an international Social (NARA) under 44 U.S.C. 2904 and The retention schedule for the new Security agreement entered into § 2906, as amended by NARA Act of eDib Claim File will be incorporated in between the United States and the other 1984, for the use of those agencies in the Social Security media neutral claim country, pursuant to section 233 of the conducting records management file retention schedule. The schedule Act. studies. includes authoritative instructions for 23. To the IRS, Department of the the retention or destruction of existing Treasury, for the purpose of auditing DISCLOSURE TO CONSUMER REPORTING and future disability claim file records AGENCIES: SSA’s compliance with the safeguard under Title II and Title XVI of the Social provisions of the IRC of 1986, as Disclosure pursuant to 5 U.S.C. Security Act. amended. 552a(b)(12) may be made to consumer The retention periods for disability 24. To third party contacts (including reporting agencies as defined in the Fair claim file records are as follows: private collection agencies under Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims A. Title II Domestic Disability Insurance contract with SSA) for the purpose of (DI) Claim Files their assisting SSA in recovering Collection Act of 1966 (31 U.S.C. 3701, overpayments. et seq.) as amended. The disclosure will Files for Title II claims based on 25. To the Department of Homeland be made in accordance with 31 U.S.C. disability will be deleted/destroyed 7 Security (Bureau of Citizenship and 3711(e) when authorized by sections years after the date of adjudication of Immigration Services (BCIS)), upon 204(f), 808(e), or 1631(b)(4) of the Social the most recently awarded claim if: (1) request, to identify and locate aliens in Security Act (42 U.S.C. 404(f), 1008(e), The person has attained full retirement the United States pursuant to section or 1383(b)(4)). The purpose of this age; or (2) the medical reexamination 290(b) of the Immigration and disclosure is to aid in the collection of date is scheduled to occur after Nationality Act (8 U.S.C. 1360(b)). outstanding debts owed to the Federal attainment of full retirement age. 26. To contractors and other Federal government, typically, to provide an Files for Title II DI claims denied or agencies, as necessary, for the purpose incentive for debtors to repay terminated for medical reasons will be of assisting SSA in the efficient delinquent Federal government debts by deleted/destroyed 5 years after the administration of its programs. We making these debts part of their credit Agency’s final denial or termination contemplate disclosing information records. The information to be disclosed decision. Title II DI files denied or under this routine use only in situations is limited to the individual’s name, terminated for non-medical reasons, in which SSA may enter a contractual address, SSN, and other information including death, will be deleted/ or similar agreement with a third party necessary to establish the individual’s destroyed 2 years after the Agency’s to assist in accomplishing an agency identity, the amount, status, and history final denial or termination decision.

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B. Title II International DI Claim Files name, SSN or other information that procedures are in accordance with SSA Files for Title II DI claims based on may be in the system of records that will Regulations (20 CFR 401.55). disability for persons receiving identify him/her. An individual A parent or guardian who requests payments will be retained until the requesting notification of records in notification of or access to a minor’s claim is terminated. Title II DI files for person should provide the same medical record shall, at the time he/she persons not receiving payments (denied information, as well as provide an makes the request, designate a physician or terminated) will be deleted/destroyed identity document, preferably with a or other health professional (other than (including underpayment records) 5 photograph, such as a driver’s license or a family member) who is capable of years after the Agency’s final denial or some other means of identification. If an explaining the contents of the medical termination decision. individual does not have any record(s) to him or her and who would Files for Title II DI claims not based identification documents sufficient to be willing to provide the entire record(s) on disability for persons receiving establish his/her identity, the individual to the individual. These procedures are payments will be retained until the must certify in writing that he/she is the in accordance with SSA Regulations (20 claim is terminated. Title II DI files for person claimed to be and that he/she CFR 401.55). persons not receiving payments (denied understands that the knowing and RECORD ACCESS PROCEDURES: or terminated) will be deleted/destroyed willful request for, or acquisition of, a (including underpayment records) 5 record pertaining to another individual Same as Notification procedures. years after the Agency’s final denial or under false pretenses is a criminal Requesters should also reasonably termination decision. offense. specify the information they are seeking. If notification is requested by These procedures are in accordance C. Supplemental Security Income Claim telephone, an individual must verify with SSA Regulations (20 CFR 401.40(c) Files his/her identity by providing identifying and 401.55). Files for SSI disability claims will be information that parallels the record to CONTESTING RECORD PROCEDURES: deleted/destroyed 7 years after the which notification is being requested. If Same as Notification procedures. adjudication date of the most recently it is determined that the identifying Requesters should also reasonably awarded claim if: (1) The person attains information provided by telephone is identify the record, specify the age 65; or (2) the medical reexamination insufficient, the individual will be information they are contesting and date is scheduled to occur after required to submit a request in writing state the corrective action sought and attainment of age 65. or in person. If an individual is the reasons for the correction with Files for claims denied or terminated requesting information by telephone on supporting justification showing how for medical reasons will be deleted/ behalf of another individual, the subject the record is incomplete, untimely, destroyed 5 years after the Agency’s individual must be connected with SSA inaccurate or irrelevant. These final denial or termination decision. and the requesting individual in the procedures are in accordance with SSA Files for claims denied or terminated for same phone call. SSA will establish the Regulations (20 CFR 401.65). non-medical reasons will be deleted/ subject individual’s identity (his/her destroyed 2 years after the Agency’s name, SSN, address, date of birth and RECORD SOURCE CATEGORIES: final denial or termination decision. place of birth, along with one other Information in this system is obtained All paper claim files are disposed of piece of information such as mother’s by shredding or the application of heat from claimants, beneficiaries, applicants maiden name) and ask for his/her and recipients; accumulated by SSA when the retention periods have consent in providing information to the expired. from reports of employers or self- requesting individual. employed individuals; various local, SYSTEM MANAGER(S) AND ADDRESS: If a request for notification is State, and Federal agencies; claimant submitted by mail, an individual must Deputy Commissioner, Disability and representatives and other sources to include a notarized statement to SSA to Income Security Programs, Social support factors of entitlement and verify his/her identity or must certify in Security Administration, 6401 Security continuing eligibility or to provide leads the request that he/she is the person Boulevard, Baltimore, MD 21235. information. claimed to be and that he/she NOTIFICATION PROCEDURE: understands that the knowing and SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS When requesting notification, the willful request for, or acquisition of, a OF THE PRIVACY ACT: individual should provide the type of record pertaining to another individual None. claim he or she filed (DI and/or SSI). If under false pretenses, is a criminal [FR Doc. 03–31432 Filed 12–19–03; 8:45 am] offense. These procedures are in more than one claim is filed, each BILLING CODE 4191–02–P should be identified, whether he/she is accordance with SSA Regulations (20 or has been receiving benefits, whether CFR 401.40). payments are being received under his An individual who requests access to or her own SSN, and if not, the name his or her medical records shall be given DEPARTMENT OF TRANSPORTATION and SSN under which received, if direct access to those records unless Office of the Secretary benefits have not been received, the SSA determines that it is likely that approximate date and place the claim direct access would adversely affect the Aviation Proceedings, Agreements was filed, and his/her address and/or individual. If SSA determines that Filed Between November 10 and telephone number. (Furnishing the SSN direct access to the medical record(s) December 5, 2003 is voluntary, but it will make searching would likely adversely affect the for an individual’s record easier and individual, he or she must designate a The following Agreements were filed prevent delay.) responsible representative who is with the Department of Transportation An individual can determine if this capable of explaining the contents of the under the provisions of 49 U.S.C. system contains a record about him/her medical record(s) to him or her and who sections 412 and 414. Answers may be by writing to the system manager(s) at would be willing to provide the entire filed within 21 days after the filing of the above address and providing his/her record(s) to the individual. These the application.

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Agreements filed during the week Docket Number: OST–2003–16562. Docket Number: OST–2003–16615. ending November 14, 2003. Date Filed: November 21, 2003. Date Filed: December 2, 2003. Docket Number: OST–2003–16525. Parties: Members of the International Parties: Members of the International Date Filed: November 13, 2003. Air Transport Association. Air Transport Association. Parties: Members of the International Subject: Mail Vote 342, PTC3 0678 Subject: PTC23 EUR–SASC 0114 Air Transport Association. dated 25 November 2003, TC3 Special dated 28 November 2003, TC23 Europe- Subject: PAC/Reso/421 dated August Passenger Amending Resolution 010e South Asian Subcontinent, Expedited 12, 2003, Finally Adopted Resolutions between Japan, Korea and South East Resolution 002ca r1, Intended effective r1–r42, Minutes—PAC/Meet/179 dated Asia r1–r5, Intended effective date: 1 date: 1 January 2004. August 12, 2003, Intended effective December 2003. Docket Number: OST–2003–16616. date: January 1, 2004. Agreements filed during the week Date Filed: December 2, 2003. Parties: Members of the International Agreements filed during the week ending November 28, 2003. Docket Number: OST–2003–16565. Air Transport Association. ending November 21, 2003. Subject: PTC2 EUR 0538 dated 21 Docket Number: OST–2003–16541. Date Filed: November 24, 2003. Parties: Members of the International November 2003, Within Europe Date Filed: November 17, 2003. Parties: Members of the International Air Transport Association. Resolutions r1–r26 , PTC2 EUR 0539 Subject: CTC COMP 0460 dated 21 Air Transport Association. dated 21 November 2003 Within Europe November 2003, Mail Vote 343— Subject: PTC31 N&C/CIRC 0253 dated Resolutions r27–r28, PTC2 EUR 0540 Resolution 010cc, TC2/12 Special Cargo 17 October 2003, Circle Pacific dated 21 November 2003 Within Europe Amending Resolution, Intended Resolutions 002, 073c, PTC31 N&C/ Resolutions r29, Minutes—PTC2 EUR effective date: 1 May 2004. CIRC 0254 dated 17 October 2003, North 0541 dated 28 November 2003, Tables— and Central Pacific Areawide Docket Number: OST–2003–16583. PTC2 EUR Fares 0092 (Part 1 Pages 1– Resolutions, PTC31 N&C/CIRC 0255 Date Filed: November 28, 2003. 360) dated 21 November 2003, PTC2 Parties: Members of the International dated 17 October 2003, TC3 (except EUR Fares 0092 (Part 2 Pages 361–687) Air Transport Association. Japan)-North America, Caribbean dated 21 November 2003, Intended Subject: Mail Vote 344, PTC3 0679 effective date: 1 March 2004, 1 April Resolutions except between Korea (Rep. dated 2 December 2003, TC3 Special of), Malaysia-USA, PTC31 N&C/CIRC 2004, 1 June 2004. Passenger Amending Resolution 010f, Docket Number: OST–2003–16633. 0256 dated 17 October 2003, Japan- between Japan, Korea and South East North America, Caribbean Resolutions, Date Filed: December 4, 2003. Asia r1–r9, Intended effective date: 15 Parties: Members of the International PTC31 N&C/CIRC 0257 dated 17 December 2003. October 2003, TC3–Central America, Air Transport Association. Agreements filed during the week Subject: PTC23 EUR–SWP 0081 dated South America Resolutions, PTC31 ending December 5, 2003. 5 December 2003, Europe-South West N&C/CIRC 0258 dated 17 October 2003, Docket Number: OST–2003–16588. Pacific Expedited Resolutions 002cj, Korea (Rep. of), Malaysia-USA Date Filed: December 1, 2003. 071rr r1–r3, Intended effective date: 15 Resolutions r1–r75, Minutes—PTC31 Parties: Members of the International January 2004. N&C/CIRC 0259 dated 14 November Air Transport Association. 2003, Tables—PTC31 N&C/CIRC Fares Subject: PTC3 0680 dated 2 December Andrea M. Jenkins, 0114 dated 21 October 2003, Japan- 2003, Within South Asian Subcontinent, Program Manager, Docket Operations, North America, Caribbean Specified Expedited Resolution 002ad, PTC3 0681 Federal Register Liaison. Fares Tables, PTC31 N&C/CIRC Fares dated 2 December 2003, Within South [FR Doc. 03–31414 Filed 12–19–03; 8:45 am] 0115 dated 21 October 2003, Circle East Asia except between Malaysia and BILLING CODE 4910–62–P Pacific Specified Fares Tables, PTC31 Guam Expedited Resolutions 002ap, N&C/CIRC Fares 0116 dated 21 October 070uu, PTC3 0682 dated 2 December 2003, TC3–Central America, South 2003 between South East Asia and DEPARTMENT OF TRANSPORTATION America Specified Fares Tables, PTC31 South Asian Subcontinent Expedited N&C/CIRC Fares 0117 dated 21 October Resolutions 002bc, 070tt, 085ii PTC3 Office of the Secretary 2003, TC3 (except Japan)-North 0683 dated 2 December 2003 between America, Caribbean Specified Fares Notice of Applications for Certificates South Asian Subcontinent and South of Public Convenience and Necessity Tables, Intended effective date: 1 April West Pacific Expedited Resolution 2004. and Foreign Air Carrier Permits Filed 002bi, PTC3 0684 dated 2 December Under Subpart B (Formerly Subpart Q) Docket Number: OST–2003–16542. 2003 between South East Asia and Filed With the Department Between Date Filed: November 17, 2003. South West Pacific except between November 24 and December 5, 2003 Parties: Members of the International Malaysia and American Samoa, Air Transport Association. Expedited Resolution 002bn, PTC3 0685 The following Applications for Subject: PTC2 EUR 0537 dated 14 dated 2 December 2003 between Japan, Certificates of Public Convenience and November 2003, Within Europe Korea and South East Asia except Necessity and Foreign Air Carrier Expedited Resolutions r1–r9, Intended between Korea (Rep. of) and Guam, Permits were filed under Subpart B effective date: 1 January 2004. Northern Mariana Islands Expedited (formerly Subpart Q) of the Department Docket Number: OST–2003–16559. Resolution 002dm r1–r23, Intended of Transportation’s Procedural Date Filed: November 20, 2003. effective date: 15 January 2004. Regulations (See 14 CFR 301.201 et Parties: Members of the International Docket Number: OST–2003–16589. seq.). The due date for Answers, Air Transport Association. Date Filed: December 1, 2003. Conforming Applications, or Motions to Subject: Mail Vote 339, PTC23 EUR– Parties: Members of the International Modify Scope are set forth below for SEA 0176 dated 18 November 2003, Air Transport Association. each application. Following the Answer Resolution 010b Special Amending Subject: PTC23 EUR–SWP 0080 dated period DOT may process the application Resolution between Europe and South 2 December 2003, Europe-South West by expedited procedures. Such East Asia, Intended effective date: 1 Pacific Expedited Resolution 002bw rl, procedures may consist of the adoption April 2004. Intended effective date: 1 January 2004. of a show-cause order, a tentative order,

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or in appropriate cases a final order and 91–2–3–26–0039–1292. There are 205.50 feet to the place of beginning. Parcel without further proceedings. no impacts to the airport by allowing contains 26,993.56 square feet or 0.620 acres. the airport to dispose of the property. Applications Filed During Week Ending Parcel B The proposal concerns selling the land November 28, 2003 Part of the northwest 1⁄4 of section 20, the to the County of Kent, Michigan to northeast 1⁄4 of section 20, and the southwest Docket Number: OST–2003–14073. provide a right-of-way for the proposed 1⁄4 of section 17, all in T6N, R10W, Cascade Date Filed: November 26, 2003. 36th Street extension in the northeast Township, Kent County, Michigan, the Due Date for Answers, Conforming quadrant of the airport. Approval does centerline of proposed 36th Street (120.00 Applications, or Motion to Modify not constitute a commitment by the feet wide) is described as: Commencing at the 1 Scope: December 17, 2003. FAA to financially assist in the disposal east ⁄4 corner of said section 20; thence north 00° 46′ 17″ west along the east line of said Description: Application of Kuwait of the subject airport property nor a ° ′ Airways Corporation, pursuant to 49 section 20, 739.36 feet; thence north 45 58 determination of eligibility for grant-in- 30″ west 105.69 feet to the west right of way U.S.C. Section 41302, part 211 and aid funding from the FAA. The line of Thornapple River Drive (150.00 feet subpart B, requesting that its foreign air disposition of proceeds from the wide) and the place of beginning of said carrier permit be amended to include disposal of the airport property will be centerline; thence north 45° 58′ 30″ west authority to provide additional nonstop in accordance with FAA’s Policy and 1019.63 feet; thence northwesterly 1584.53 operations between Kuwait and New feet along a 2864.79 foot radius curve to the Procedures Concerning the Use of ° York, NY and to add the intermediate Airport Revenue, published in the left, the long chord of which bears north 61 49′ 13″ west 1564.41 feet; thence north 77° point of Athens, Greece in addition to Federal Register on February 16, 1999. ′ ″ the current intermediate point of 39 56 west 482.26 feet to a point on the east In accordance with section 47107(h) lie of the northwest 1⁄4 of said section 20 (said Amsterdam, The Netherlands in the of title 49, United States Code, this point being 302.15 feet south 00° 46′ 47″ east conduct of service between Chicago, IL notice is required to be published in the from the northeast corner of the northwest 1⁄4 and Kuwait. Federal Register 30 days before of said section 20); thence north 77° 39′ 56″ modifying the land-use assurance that west 948.25 feet; thence westerly 397.82 feet Applications Filed During Week Ending along a 2,864.79 foot radius curve to the left, December 5, 2003 requires the property to be used for an ° ′ aeronautical purpose. the long chord of which bears north 84 19 Docket Number: OST–2003–16626. 08″ west 397.50 feet to the east line of the DATES: Comments must be received on 1 1 Date Filed: December 3, 2003. west ⁄2 of the northwest ⁄4 of said section or before January 5, 2003. Due Date for Answers, Conforming 20, the place of ending of said centerline. Parcel contains 12.21 acres, more or less. Applications, or Motion to Modify FOR FURTHER INFORMATION CONTACT: Mr. Scope: December 24, 2003. Lawrence C. King, Project Manager, Parcel C Federal Aviation Administration, Great Description: Emergency Application Part of the northeast 1⁄4 of section 20, T6N, of Midway Airlines Corporation and Lakes Region, Detroit Airports District R10W, Cascade Township, Kent County, Ascent Airlines, Inc., pursuant to 49 Office, DET ADO 607, 11677 South Michigan, described as: Commencing at the U.S.C. section 41105 and Subpart B, Wayne Road, Romulus, Michigan 48174. northeast corner of said section; thence south Telephone Number (734) 229–2933/ 00° 46′ 17″ east along the east line of the seeking approval of the transfer of 1 Midway’s operating authority to Ascent. FAX Number (734) 229–2950. northeast ⁄4 of said section 1658.17 feet; Documents reflecting this FAA action thence South 89° 13′ 43″ west 75.00 feet to Andrea M. Jenkins, may be reviewed at this same location the intersection of the westerly right of way line of Thornapple River Drive (150.00 feet Program Manager Docket Operations, Federal or at Gerald R. Ford International Register Liaison. wide) and the southwesterly line of Highway Airport, Grand Rapids, Michigan. I–96 right of way, the place of beginning of [FR Doc. 03–31415 Filed 12–19–03; 8:45 am] SUPPLEMENTARY INFORMATION: Following this description; thence south 00° 46′ 17″ east BILLING CODE 4910–62–P is a legal description of the property along the westerly right of way line of located in Grand Rapids, Kent County, Thornapple River Drive 98.19 feet to a point Michigan, and described as follows: 60.00 feet northeasterly (perpendicular DEPARTMENT OF TRANSPORTATION measure) from the centerline of proposed ° ′ ″ Parcel A 36th Street; thence north 45 58 30 west Federal Aviation Administration parallel with the centerline of proposed 36th Part of the southwest 1⁄4 of section 21, T6N, Street 960.05 feet; thence northwesterly Public Notice for Waiver of R10W, Cascade Township, Kent County, 1084.69 feet parallel with the centerline of Aeronautical Land-Use Assurance; Michigan, described as: Commencing at the proposed 36th Street and along a 2,924.79 south 1⁄4 corner of said section; thence north Gerald R. Ford International Airport, foot radius curve to the left, the long chord 00° 48′ 27″ west along the north-south 1⁄4 line ° ′ ″ Grand Rapids, Michigan of which bears north 56 35 58 west 1078.48 of said section 1318.86 feet to the north line feet; thence north 38° 40′ 44″ east 167.39 feet of the south 1⁄2 of the southwest 1⁄4 line of AGENCY: Federal Aviation to the southwesterly line of Highway I–96 said section; thence south 89° 32′ 08″ west Administration, DOT. right of way; thence southwesterly 644.15 along the north line of the south 1⁄2 of the feet along the southwesterly line of Highway ACTION: Notice of intent of waiver with southwest 1⁄4 of said section 1492.97 feet to I–96 right of way and a 11,309.16 foot radius respect to land. the place of beginning of this description; curve to the right, the long chord of which thence south 00° 27′ 52″ east 145.72 feet; bears south 49° 41′ 21″ east 644.07 feet; SUMMARY: The Federal Aviation thence south 54° 03′ 19″ west 93.21 feet to thence south 89° 39′ 26″ east along the Administration (FAA) is considering a the northeasterly right of way line of southwesterly line of highway I–96 right of proposal to change a portion of the relocated Thornapple River Drive (120.00 feet way 70.61 feet; thence southwesterly 292.07 airport from aeronautical use to non- wide); thence northwesterly 238.56 feet along feet along the southwesterly line of highway aeronautical use and to authorize the the northeasterly right of way of relocated I–96 right of way and a 11,356.16 foot radius sale of the airport property. The Thornapple River Drive and a 1,213.24 foot curve to the right, the long chord of which radius curve to the right, the long chord of ° ′ ″ proposal consists of 3 parcels of land bears south 47 03 15 east 292.07 feet; which bears north 33° 25′ 49″ west 238.17 thence south 46° 19′ 03″ east along the totaling approximately 16.33 acres. 1 feet to the north line of the south ⁄2 of the southwesterly right of way of highway I–96 Current use and present condition is southwest 1⁄4 of said section; thence north right of way 980.68 feet to the place of vacant grassland. The land was acquired 89° 32′ 08″ east along the north line of the beginning of this description. Parcel contains under FAA Project Nos. 8–26–0039–02 south 1⁄2 of the southwest 1⁄4 of said section 3.50 acres.

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Total acres to be released are 16.33, Docket: For access to the docket to and (2) they are capable of being readily more or less. read background documents or altered to conform to the standards. Issued in Romulus, Michigan on December comments received, go to http:// DATES: The closing date for comments 4, 2003. dms.dot.gov at any time or to Room PL– on the petition is January 21, 2004. Winsome A. Lenfert, 401 on the plaza level of the Nassif ADDRESSES: Comments should refer to Acting Manager, Detroit Airports District Building, 400 Seventh Street, SW., the docket number and notice number, Office, FAA, Great Lakes Region. Washington, DC, between 9 a.m. and 5 and be submitted to: Docket [FR Doc. 03–31418 Filed 12–19–03; 8:45 am] p.m., Monday through Friday, except Management, Room PL–401, 400 BILLING CODE 4910–13–M Federal holidays. Seventh St., SW., Washington, DC FOR FURTHER INFORMATION CONTACT: John 20590. (Docket hours are from 9 a.m. to Linsenmeyer (202) 267–5174, Office of 5 p.m.) Anyone is able to search the DEPARTMENT OF TRANSPORTATION Rulemaking (ARM–1), Federal Aviation electronic form of all comments Administration, 800 Independence received into any of our dockets by the Federal Aviation Administration Avenue, SW., Washington, DC 20591. name of the individual submitting the [Summary Notice No. PE–2003–76] This notice is published pursuant to comment (or signing the comment, if 14 CFR 11.85 and 11.91. submitted on behalf of an association, Petitions for Exemption; Summary of Issued in Washington, DC, on December business, labor union, etc.). You may Petitions Received 16, 2003. review DOT’s complete Privacy Act Statement in the Federal Register AGENCY: Federal Aviation Donald P. Byrne, Administration (FAA), DOT. Assistant Chief Counsel for Regulations. published on April 11, 1996 (volume 65, number 70; pages 19477–78) or you may ACTION: Notice of petitions for Petition for Exemption visit http://dms.dot.gov. exemption received. Docket No.: FAA–2003–15659. FOR FURTHER INFORMATION CONTACT: SUMMARY: Pursuant to FAA’s rulemaking Petitioner: F & E Aircraft Maintenance, Coleman Sachs, Office of Vehicle Safety provisions governing the application, L.L.C. Compliance, NHTSA (202–366–3151). Section of 14 CFR Affected: 14 CFR 145.35 processing, and disposition of petitions and 145.37. SUPPLEMENTARY INFORMATION: for exemption part 11 of title 14, Code Description of Relief Sought: To permit F Background of Federal Regulations (14 CFR), this & E Aircraft Maintenance, L.L.C. to obtain an notice contains a summary of certain airframe rating on its repair station certificate Under 49 U.S.C. 30141(a)(1)(A), a petitions seeking relief from specified without meeting the housing and facility motor vehicle that was not originally requirements of 14 CFR, dispositions of requirements of §§ 145.35 and 145.37. manufactured to conform to all certain petitions previously received, [FR Doc. 03–31416 Filed 12–19–03; 8:45 am] applicable Federal motor vehicle safety and corrections. The purpose of this standards shall be refused admission BILLING CODE 4910–13–P notice is to improve the public’s into the United States unless NHTSA awareness of, and participation in, this has decided that the motor vehicle is aspect of FAA’s regulatory activities. DEPARTMENT OF TRANSPORTATION substantially similar to a motor vehicle Neither publication of this notice nor originally manufactured for importation the inclusion or omission of information National Highway Traffic Safety into and sale in the United States, in the summary is intended to affect the Administration certified under 49 U.S.C. 30115, and of legal status of any petition or its final the same model year as the model of the [Docket No. NHTSA–2003–16720] disposition. motor vehicle to be compared, and is DATES: Comments on petitions received Notice of Receipt of Petition for capable of being readily altered to must identify the petition docket Decision That Nonconforming 1996 conform to all applicable Federal motor number involved and must be received Audi S6 Passenger Cars Are Eligible vehicle safety standards. on or before January 21, 2004. for Importation Petitions for eligibility decisions may ADDRESSES: You may submit comments be submitted by either manufacturers or (identified by DOT DMS Docket Number AGENCY: National Highway Traffic importers who have registered with FAA–2003–15659) by any of the Safety Administration, DOT. NHTSA pursuant to 49 CFR part 592. As following methods: ACTION: Notice of receipt of petition for specified in 49 CFR 593.7, NHTSA • Web site: http://dms.dot.gov. decision that nonconforming 1996 Audi publishes notice in the Federal Register Follow the instructions for submitting S6 passenger cars are eligible for of each petition that it receives, and comments on the DOT electronic docket importation. affords interested persons an site. opportunity to comment on the petition. • Fax: 1–202–493–2251. SUMMARY: This document announces At the close of the comment period, • Mail: Docket Management Facility; receipt by the National Highway Traffic NHTSA decides, on the basis of the U.S. Department of Transportation, 400 Safety Administration (NHTSA) of a petition and any comments that it has Seventh Street, SW., Nassif Building, petition for a decision that 1996 Audi received, whether the vehicle is eligible Room PL–401, Washington, DC 20590– S6 passenger cars that were not for importation. The agency then 001. originally manufactured to comply with publishes this decision in the Federal • Hand Delivery: Room PL–401 on all applicable Federal motor vehicle Register. the plaza level of the Nassif Building, safety standards are eligible for Export Auto Sales, Inc. of Chicopee, 400 Seventh Street, SW., Washington, importation into the United States Massachusetts J.K. Technologies of DC, between 9 a.m. and 5 p.m., Monday because (1) they are substantially Baltimore, Maryland (‘‘Export Auto through Friday, except Federal holidays. similar to vehicles that were originally Sales’’) (Registered Importer 01–284) • Federal eRulemaking Portal: Go to manufactured for importation into and has petitioned NHTSA to decide http://www.regulations.gov. Follow the sale in the United States and that were whether 1996 Audi S6 passenger cars online instructions for submitting certified by their manufacturer as are eligible for importation into the comments. complying with the safety standards, United States. The vehicles which

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Export Auto Sales believes are vehicles and installation of a U.S.-model will be available for examination in the substantially similar are 1996 Audi S6 high mounted stop lamp on any docket at the above address both before passenger cars that were manufactured vehicles that are not already so and after that date. To the extent for importation into, and sale in, the equipped. possible, comments filed after the United States and certified by their Standard No. 110 Tire Selection and closing date will also be considered. manufacturer as conforming to all Rims: installation of a tire information Notice of final action on the petition applicable Federal motor vehicle safety placard. will be published in the Federal standards. Standard No. 111 Rearview Mirror: Register pursuant to the authority The petitioner claims that it carefully inspection of all vehicles and indicated below. compared non-U.S. certified 1996 Audi replacement of the passenger side rearview mirror with a U.S.-model Authority: 49 U.S.C. 30141(a)(1)(A) and S6 passenger cars to their U.S.-certified (b)(1); 49 CFR 593.8; delegations of authority counterparts, and found the vehicles to component on any vehicles that are not at 49 CFR 1.50 and 501.8. be substantially similar with respect to already so equipped. compliance with most Federal motor Standard No. 114 Theft Protection: Issued on: December 17, 2003. vehicle safety standards. inspection of all vehicles and Kenneth N. Weinstein, Export Auto Sales submitted installation of a key microswitch and Associate Administrator for Enforcement. information with its petition intended to warning buzzer on any vehicles that are [FR Doc. 03–31419 Filed 12–19–03; 8:45 am] demonstrate that non-U.S. certified 1996 not already so equipped. BILLING CODE 4910–59–P Audi S6 passenger cars, as originally Standard No. 118 Power-Operated manufactured, conform to many Federal Window Systems: inspection of all motor vehicle safety standards in the vehicles and installation, on any DEPARTMENT OF TRANSPORTATION same manner as their U.S. certified vehicles that are not already so counterparts, or are capable of being equipped, of a relay to prevent the National Highway Traffic Safety readily altered to conform to those window transport from operating with Administration standards. the ignition switched off. [Docket No. NHTSA–2003–16719] Specifically, the petitioner claims that Standard No. 208 Occupant Crash non-U.S. certified 1996 Audi S6 Protection: (a) Installation of a seat belt Notice of Receipt of Petition for passenger cars are identical to their U.S. warning buzzer, wired to the driver’s Decision That Nonconforming 1979– certified counterparts with respect to seat belt latch; (b) inspection of all 1980 Volkswagen Transporter compliance with Standard Nos. 102 vehicles and installation, on any Multipurpose Passenger Vehicles Are Transmission Shift Lever Sequence, 103 vehicles that are not already so Eligible for Importation Defrosting and Defogging Systems, 104 equipped, of U.S.-model airbags, knee Windshield Wiping and Washing bolsters, airbag control unit, sensors, AGENCY: National Highway Traffic Systems, 105 Hydraulic Brake Systems, and seat belts. The petitioner states that Safety Administration, DOT. 106 Brake Hoses, 109 New Pneumatic the vehicles are equipped with ACTION: Notice of receipt of petition for Tires, 113 Hood Latch Systems, 116 automated restraint systems consisting decision that nonconforming 1979–1980 Brake Fluid, 124 Accelerator Control of dual front air bags and knee bolsters. Volkswagen Transporter multipurpose Systems, 201 Occupant Protection in The petitioner also states that the passenger vehicles (MPVs) are eligible Interior Impact, 202 Head Restraints, vehicles are equipped with combination for importation. 204 Steering Control Rearward lap and shoulder belts at the front and SUMMARY: This document announces Displacement, 205 Glazing Materials, rear outboard designated seating receipt by the National Highway Traffic 206 Door Locks and Door Retention positions that are self-tensioning and Safety Administration (NHTSA) of a Components, 207 Seating Systems, 209 release by means of a single red petition for a decision that 1979–1980 Seat Belt Assemblies, 210 Seat Belt pushbutton, and with a lap belt at the Volkswagen Transporter MPVs that Assembly Anchorages, 212 Windshield rear center designated seating position. were not originally manufactured to Standard No. 214 Side Impact Retention, 216 Roof Crush Resistance, comply with all applicable Federal Protection: inspection of all vehicles 219 Windshield Zone Intrusion, 301 motor vehicle safety standards are and installation of U.S.-model door bars Fuel System Integrity, and 302 eligible for importation into the United on any vehicles that are not already so Flammability of Interior Materials. States because (1) they are substantially Petitioner states that the vehicles also equipped. similar to vehicles that were originally comply with the Bumper Standard The petitioner states that a vehicle manufactured for importation into and found at 49 CFR part 581. identification plate must be affixed to Petitioner also contends that the the vehicles near the left windshield sale in the United States and that were vehicles are capable of being readily post and a reference and certification certified by their manufacturer as altered to meet the following standards, label must be affixed in the area of the complying with the safety standards, in the manner indicated: left front door post to meet the and (2) they are capable of being readily Standard No. 101 Controls and requirements of 49 CFR part 565. altered to conform to the standards. Displays: (a) Inscription of the word Interested persons are invited to DATES: The closing date for comments ‘‘Brake’’ on the dash in place of the submit comments on the petition on the petition is January 21, 2004. international ECE warning symbol; (b) described above. Comments should refer ADDRESSES: Comments should refer to replacement of the speedometer with to the docket number and be submitted the docket number and notice number, one that reads in miles per hour. to: Docket Management, Room PL–401, and be submitted to: Docket Standard No. 108 Lamps, Reflective 400 Seventh St., SW., Washington, DC Management, Room PL–401, 400 Devices and Associated Equipment: (a) 20590. (Docket hours are from 9 a.m. to Seventh St., SW, Washington, DC Installation of U.S.-model headlamps 5 p.m.) It is requested but not required 20590. [Docket hours are from 9 am to and front sidemarker lamps; (b) that 10 copies be submitted. 5 pm]. Anyone is able to search the installation of U.S.-model taillamp All comments received before the electronic form of all comments assemblies, which incorporate rear close of business on the closing date received into any of our dockets by the sidemarker lamps; (c) inspection of all indicated above will be considered, and name of the individual submitting the

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comment (or signing the comment, if non-U.S. certified 1979–1980 inoperative when the ignition is submitted on behalf of an association, Volkswagen Transporter MPVs, as switched off. business, labor union, etc.). You may originally manufactured, conform to Standard No. 120 Tire Selection and review DOT’s complete Privacy Act many Federal motor vehicle safety Rims for Vehicles Other Than Passenger Statement in the Federal Register standards in the same manner as their Cars: Installation of a tire information published on April 11, 2000 (Volume U.S. certified counterparts, or are placard. 65, Number 70; Pages 19477–78) or you capable of being readily altered to Standard No. 301 Fuel System may visit http://dms.dot.gov. conform to those standards. Integrity: Installation of a rollover valve FOR FURTHER INFORMATION CONTACT: Specifically, the petitioner claims that in the fuel tank vent line. Coleman Sachs, Office of Vehicle Safety non-U.S. certified 1979–1980 Petitioner states that a vehicle Compliance, NHTSA, 202–366–3151. Volkswagen Transporter MPVs are identification number (VIN) plate must SUPPLEMENTARY INFORMATION: identical to their U.S. certified be affixed to the vehicles so that it is counterparts with respect to compliance readable from outside the driver’s Background with Standard Nos. 102 Transmission windshield pillar, and a reference and Under 49 U.S.C. § 30141(a)(1)(A), a Shift Lever Sequence, 103 Defrosting certification label must be affixed to the motor vehicle that was not originally and Defogging Systems, 104 Windshield edge of the driver’s side door or to the manufactured to conform to all Wiping and Washing Systems, 105 latch post nearest the driver to meet the applicable Federal motor vehicle safety Hydraulic and Electric Brake Systems, requirements of 49 CFR part 565. standards shall be refused admission 106 Brake Hoses, 113 Hood Latch Interested persons are invited to into the United States unless NHTSA Systems, 116 Brake Fluid, 119 New submit comments on the petition has decided that the motor vehicle is Pneumatic Tires for Vehicles Other described above. Comments should refer substantially similar to a motor vehicle Than Passenger Cars, 124 Accelerator to the docket number and be submitted of the same model year that was Control Systems, 201 Occupant to: Docket Management, Room PL–401, originally manufactured for importation Protection in Interior Impact, 204 400 Seventh St., SW., Washington, DC into and sale in the United States and Steering Control Rearward 20590. [Docket hours are from 9 am to certified under 49 U.S.C. § 30115, and Displacement, 205 Glazing Materials, 5 pm]. It is requested but not required that the vehicle is capable of being 206 Door Locks and Door Retention that 10 copies be submitted. readily altered to conform to all Components, 207 Seating Systems, 208 All comments received before the applicable Federal motor vehicle safety Occupant Crash Protection, 209 Seat close of business on the closing date standards. Belt Assemblies, 210 Seat Belt Assembly indicated above will be considered, and Petitions for eligibility decisions may Anchorages, 212 Windshield Retention, will be available for examination in the be submitted by either manufacturers or 216 Roof Crush Resistance, 219 docket at the above address both before importers who have registered with Windshield Zone Intrusion, and 302 and after that date. To the extent NHTSA pursuant to 49 CFR part 592. As Flammability of Interior Materials. possible, comments filed after the specified in 49 CFR 593.7, NHTSA Petitioner also contends that the closing date will also be considered. publishes notice in the Federal Register vehicles are capable of being readily Notice of final action on the petition of each petition that it receives, and altered to meet the following standards, will be published in the Federal affords interested persons an in the manner indicated: Register pursuant to the authority opportunity to comment on the petition. Standard No. 101 Controls and indicated below. At the close of the comment period, Displays: (a) Substitution of the word NHTSA decides, on the basis of the Authority: 49 U.S.C. 30141(a)(1)(A) and ‘‘Brake’’ for the ECE warning symbol as petition and any comments that it has (b)(1); 49 CFR 593.8; delegations of authority a marking for the brake failure indicator at 49 CFR 1.50 and 501.8. received, whether the vehicle is eligible lamp; (b) installation of a seat belt for importation. The agency then Issued on: December 17, 2003. warning lamp that displays the publishes this decision in the Federal Kenneth N. Weinstein, appropriate seat belt symbol; (c) Register. Associate Administrator for Enforcement. Eurotech Imports of South Burlington, recalibration of the speedometer/ odometer to show speed in miles per [FR Doc. 03–31420 Filed 12–19–03; 8:45 am] Vermont (‘‘Eurotech’’) (Registered BILLING CODE 4910–59–P Importer 02–313) has petitioned NHTSA hour and distance traveled in miles. to decide whether 1979–1980 Standard No. 108 Lamps, Reflective Volkswagen Transporter MPVs are Devices and Associated Equipment: (a) DEPARTMENT OF TRANSPORTATION eligible for importation into the United Installation of U.S.-model headlamp States. The vehicles that Eurotech assemblies that incorporate headlamps National Highway Traffic Safety believes are substantially similar are certified to DOT requirements; (b) Administration installation of U.S.-model front and rear 1979–1980 Volkswagen Vanagon MPVs [Docket No. NHTSA 2003–16699; Notice 1] that were manufactured for importation sidemarker/reflector assemblies; (c) installation of U.S.-model taillamp into, and sale in, the United States and Michelin North America, Inc., Receipt assemblies. certified by their manufacturer as of Petition for Decision of conforming to all applicable Federal Standard No. 111 Rearview Mirror: Inconsequential Noncompliance motor vehicle safety standards. Replacement of the passenger side The petitioner claims that it carefully rearview mirror with a U.S.-model Michelin North America, Inc. compared non-U.S. certified 1979–1980 component. (Michelin), has determined that certain Volkswagen Transporter MPVs to their Standard No. 114 Theft Protection: tires it manufactured do not comply U.S.-certified counterparts, and found Installation of a warning buzzer with S4.3(d) of 49 CFR 571.109, Federal the vehicles to be substantially similar microswitch in the steering lock Motor Vehicle Safety Standard (FMVSS) with respect to compliance with most assembly and a warning buzzer. No. 109, ‘‘New pneumatic tires.’’ Federal motor vehicle safety standards. Standard No. 118 Power Window Michelin has filed an appropriate report Eurotech submitted information with Systems: Rewiring of the power window pursuant to 49 CFR Part 573, ‘‘Defect its petition intended to demonstrate that system so that the window transport is and Noncompliance Reports.’’

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Pursuant to 49 U.S.C. 30118(d) and purchasing or selling of tires and has an received after the closing date will also 30120(h), Michelin has petitioned for an inconsequential impact on motor be filed and considered to the extent exemption from the notification and vehicle safety. Michelin says that possible. When the petition is granted or remedy requirements of 49 U.S.C. NHTSA’s review included both a denied, a notice of the decision will be Chapter 301 on the basis that this solicitation of comments on a proposed published in the Federal Register noncompliance is inconsequential to tire labeling rulemaking, and related pursuant to the authority indicated motor vehicle safety. focus group surveys. According to below. This notice of receipt of Michelin’s Michelin, commenters on NHTSA’s Comment closing date: January 21, petition is published under 49 U.S.C. Advanced Notice of Proposed 2004. 30118 and 30120 and does not represent Rulemaking issued on December 1, 2000 Authority: (49 U.S.C. 301118, 301120; any agency decision or other exercise of (65 FR 75222) indicated that the tire delegations of authority at CFR 1.50 and judgment concerning the merits of the construction labeling requirements of 501.8). petition. FMVSS No. 109 S4.3(d) and (e) provide Kenneth N. Weinstein, Michelin produced approximately little or no safety value to the general 8,568 Michelin Pilot XGT H4 tires, size public since most consumers do not Associate Administrator for Enforcement. P195/65R15, whose sidewall labeling, understand tire construction [FR Doc. 03–31392 Filed 12–19–03; 8:45 am] on one side of the tire only, incorrectly technology. Michelin says the consumer BILLING CODE 4910–59–P describes the generic name of the cord focus groups found that very few material in one of the plies in the tread consumers had any knowledge of tire area. These tires were marked on one information beyond the tire brand name, DEPARTMENT OF TRANSPORTATION side indicating the Polyamide ply in the tire size, and tire pressure and did not Surface Transportation Board tread area is composed of Polyamide/ have information or knowledge on the Steel while they are actually composed relationship between tire construction [STB Docket No. AB–601 (Sub–No. 1X)] of Polyamide only. Therefore, they do specifications and tire durability and not comply with FMVSS No. 109 strength. According to Michelin, Pine Belt Southern Railroad Company, S4.3(d), which requires that ‘‘each tire NHTSA concluded from these Inc.—Abandonment Exemption—in shall have permanently molded into or comments and focus groups that it is Lee and Chambers Counties, AL onto both sidewalls . . . (d) The generic likely that few consumers are Pine Belt Southern Railroad name of each cord material used in the influenced by the tire construction Company, Inc. (PBRR) has filed a notice plies (both sidewall and tread area) of labeling information when making a of exemption under 49 CFR 1152 the tire.’’ motor vehicle or tire purchase decision, Subpart F—Exempt Abandonments to Michelin believes that this and that such information is not relied abandon a 17.4-mile line of railroad noncompliance is inconsequential to upon by consumers in evaluating the between milepost T–322.40 at Roanoke motor vehicle safety. It asserts that in all strength and durability of tires. Junction and milepost T–339.66 at other respects, the tires meet or exceed Interested persons are invited to Lafayette, in Lee and Chambers the requirements of FMVSS No. 109, submit written data, views, and Counties, AL.1 The line traverses United including all of the performance arguments on the petition described States Postal Service Zip Codes 36801, requirements. It further asserts that the above. Comments must refer to the 36802, 36803, 36804 and 36862. noncompliance with S4.3(d) will have docket and notice number cited at the PBRR has certified that: (1) No local no impact on the performance of the tire beginning of this notice and be traffic has moved over the line for at on a motor vehicle, or upon motor submitted by any of the following least 2 years; (2) there has been no vehicle safety. methods: Mail: Docket Management overhead traffic on the line during the Michelin further states: Facility, U.S. Department of past 2 years; (3) no formal complaint The Agency has consistently found that ply Transportation, Nassif Building, Room filed by a user of rail service on the line labeling noncompliances have an PL–401, 400 Seventh Street, SW., (or by a state or local government entity inconsequential effect on motor vehicle Washington, DC 20590–0001. Hand acting on behalf of such user) regarding safety, and have regularly granted exemption Delivery: Room PL–401 on the plaza cessation of service over the line either petitions for similar ply labeling non- level of the Nassif Building, 400 is pending with the Surface compliances. See e.g., 67 FR 1399 (January Seventh Street, SW., Washington, DC. It Transportation Board (Board) or with 10, 2002) finding use of word ‘‘Rayon’’ is requested, but not required, that two any U.S. District Court or has been instead of ‘‘Polyester’’ inconsequential; 66 FR copies of the comments be provided. 63090 (December 4, 2001) finding decided in favor of complainant within understatement of number of plies The Docket Section is open on the 2-year period; and (4) the inconsequential; 66 FR 49254 (September 26, weekdays from 10 a.m. to 5 p.m. except requirements at 49 CFR 1105.7 2001) finding overstatement of number of Federal Holidays. Comments may be (environmental reports), 49 CFR 1105.8 plies inconsequential; 66 FR 47518 submitted electronically by logging onto (historic reports), 49 CFR 1105.11 (September 12, 2001) finding overstatement the Docket Management System Web (transmittal letter), 49 CFR 1105.12 of number of plies inconsequential; and 66 site at http://dms.dot.gov. Click on FR 41931 (August 9, 2001) finding (newspaper publication), and 49 CFR ‘‘Help’’ to obtain instructions for filing 1152.50(d)(1) (notice to governmental overstatement of number of plies the document electronically. Comments inconsequential. agencies) have been met. may be faxed to 1–202–493–2251, or As a condition to this exemption, any Michelin states that NHTSA recently may be submitted to the Federal employees adversely affected by the reviewed the impact of tire label eRulemaking Portal: go to http:// information on safety in the context of www.regulations.gov. Follow the online 1 The City of Opelika (City) filed a request for its rulemaking efforts under the instructions for submitting comments. imposition of a public use condition and for Transportation Recall, Enhancement, The petition, supporting materials, issuance of a notice of interim trail use for the Accountability and Documentation Act, and all comments received before the entire line pursuant to section 8(d) of the National Trails System Act, 16 U.S.C. 1247(d). The Board and that the analysis concluded that tire close of business on the closing date will address the City’s public use and trail use construction information is not relied indicated below will be considered. All requests, and any others that may be filed, in a upon by dealers and consumers in the comments and supporting materials subsequent decision.

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abandonment shall be protected under that it has exercised the authority SUPPLEMENTARY INFORMATION: Title VI of Oregon Short Line R. Co.— granted and fully abandoned the line. If the Civil Rights Act of 1964, 42 U.S.C. Abandonment—Goshen, 360 I.C.C. 91 consummation has not been effected by 2000d, et seq. provides that no person (1979). To address whether this PBRR’s filing of a notice of shall be subjected to discrimination on condition adequately protect affected consummation by December 22, 2004, the basis of race, color, or national employees, a petition for partial and there are no legal or regulatory origin under any program or activity revocation under 49 U.S.C. 10502(d) barriers to consummation, the authority that receives Federal financial must be filed. Provided no formal to abandon will automatically expire. assistance. expression of intent to file an offer of Board decisions and notices are This document was originally financial assistance (OFA) has been available on our Web site at http:// published on March 7, 2001. See 66 FR received, this exemption will be www.stb.dot.gov. 13829. The document was based on the effective on January 21, 2004, unless Decided: December 10, 2003. policy guidance issued by the stayed pending reconsideration. By the Board, David M. Konschnik, Department of Justice entitled Petitions to stay that do not involve Director, Office of Proceedings. ‘‘Enforcement of Title VI of the Civil 2 environmental issues, formal Vernon A. Williams, Rights Act of 1964—National Origin expressions of intent to file an OFA Secretary. Discrimination Against Persons with under 49 CFR 1152.27(c)(2),3 and trail Limited English Proficiency.’’ 65 FR [FR Doc. 03–31082 Filed 12–19–03; 8:45 am] use/rail banking requests under 49 CFR 50123 (August 16, 2000). 1152.29 must be filed by January 2, BILLING CODE 4915–00–P On October 26, 2001 and January 11, 2004. Petitions to reopen or requests for 2002, the Assistant Attorney General for public use conditions under 49 CFR Civil Rights issued to Federal 1152.28 must be filed by January 12, DEPARTMENT OF THE TREASURY departments and agencies guidance 2004, with: Surface Transportation Guidance to Federal Financial memoranda which reaffirmed the Board, 1925 K Street, NW., Washington, Assistance Recipients Regarding Title Department of Justice’s commitment to DC 20423. VI Prohibition Against National Origin ensuring that federally assisted A copy of any petition filed with the programs and activities fulfill their LEP Board should be sent to PBRR’s Discrimination Affecting Limited English Proficient Persons responsibilities, and which clarified and representative: G. Richard Abernathy, answered certain questions raised P.O. Box 1317, Shelbyville, TN 37162. AGENCY: Department of the Treasury. regarding the August 16th publication. If the verified notice contains false or ACTION: Notice of proposed guidance. In furtherance of those memoranda, the misleading information, the exemption Department of the Treasury republished is void ab initio. SUMMARY: The U.S. Department of the its guidance for the purpose of obtaining PBRR has filed an environmental Treasury publishes for public comment additional public comment on March 7, report which addresses the proposed policy guidance on Title VI’s 2002. See 67 FR 10477. abandonment’s effects, if any, on the prohibition against national origin On March 14, 2002, following environment and historic resources. discrimination as it affects limited republication of Treasury’s policy SEA will issue an environmental English proficient persons. This policy guidance, the Office of Management and assessment (EA) by December 23, 2003. guidance is intended to replace policy Budget (OMB) issued a Report to Interested persons may obtain a copy of guidance published March 7, 2001, and Congress titled ‘‘Assessment of the Total the EA by writing to SEA (Room 500, republished on March 7, 2002, See 66 Benefits and Costs of Implementing Surface Transportation Board, FR 13829 and 67 FR 10477. Executive Order No. 13166: Improving Washington, DC 20423) or by calling DATES: Comments must be submitted on Access to Services for Persons with SEA, at (202) 565–1539. [Assistance for or before January 21, 2004. The Limited English Proficiency.’’ Among the hearing impaired is available Department of the Treasury will review other things, the Report recommended through Federal Information Relay all comments and will determine what the adoption of uniform guidance across Service (FIRS) at 1–800–877–8339.] modifications, if any, to this policy all Federal agencies, with flexibility to Comments on environmental and guidance are necessary. permit tailoring to each agency’s historic preservation matters must be ADDRESSES: Interested persons should specific recipients. Consistent with this filed within 15 days after the EA submit written comments to Ms. OMB recommendation, the Department becomes available to the public. Mariam Harvey, Acting Director, of Justice (DOJ) published LEP Guidance Environmental, historic preservation, Workforce Development and Equal for DOJ recipients which was drafted public use, or trail use/rail banking Opportunity Division, Department of and organized to also function as a conditions will be imposed, where the Treasury, 1500 Pennsylvania model for similar guidance by other appropriate, in a subsequent decision. Avenue NW., Room 6071 Metropolitan Pursuant to the provisions of 49 CFR Federal grant agencies. See 67 FR 41455 Square, Washington, DC 20220. 1152.29(e)(2), PBRR shall file a notice of (June 18, 2002). To the extent Comments may also be submitted by e- consummation with the Board to signify appropriate, the proposed guidance is mail to: [email protected]. consistent with the model LEP guidance 2 The Board will grant a stay if an informed FOR FURTHER INFORMATION CONTACT: document published by DOJ. decision on environmental issues (whether raised Pamela Proctor at the Workforce It has been determined that the by a party or by the Board’s Section of Development and Equal Opportunity guidance does not constitute a Environmental Analysis (SEA) in its independent Division, Department of the Treasury, regulation subject to the rulemaking investigation) cannot be made before the exemption’s effective date. See Exemption of Out- 1500 Pennsylvania Avenue, NW., Room requirements of the Administration of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 6071 Metropolitan Square, Washington, Procedure Act, 5 U.S.C. 553. It has also request for a stay should be filed as soon as possible DC 20220; (202) 622–1170 voice, (202) been determined that this guidance so that the Board may take appropriate action before 622–0367 fax, (202) 622–7104 TTY. document is not subject to the the exemption’s effective date. requirements of Executive Order 12866. 3 Each OFA must be accompanied by the filing Arrangements to receive the policy in an fee, which currently is set at $1,100. See 49 CFR alternative format may be made by The text of the complete proposed 1002.2(f)(25). contacting Ms. Proctor. guidance document appears below.

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Dated: November 20, 2003. In certain circumstances, failure to plans, examples of best practices, and Teresa Mullett Ressel, ensure that LEP persons can effectively cost-saving approaches. Moreover, Assistant Secretary for Management and participate in or benefit from federally Treasury intends to explore how Chief Financial Officer, United States assisted programs and activities may language assistance measures, resources Department of the Treasury. violate the prohibition under Title VI of and cost-containment approaches developed with respect to its own I. Introduction the Civil Rights Act of 1964, 42 U.S.C. 2000d. The purpose of this policy federally conducted programs and Most individuals living in the United guidance is to assist recipients in activities can be effectively shared or States read, write, speak and understand fulfilling their responsibilities to otherwise made available to recipients, English. There are many individuals, provide meaningful access to LEP particularly small businesses, small however, for whom English is not their persons under existing law. This policy local governments, and small non- primary language. For instance, based guidance clarifies existing legal profits. An interagency working group on the 2000 census, over 26 million requirements for LEP persons by on LEP has developed a Web Site, http:/ individuals speak Spanish and almost 7 providing a description of the factors /www.lep.gov, to assist in disseminating million individuals speak an Asian or recipients should consider in fulfilling this information to recipients, Federal Pacific Island language at home. If these their responsibilities to LEP persons.2 agencies, and the communities being individuals have a limited ability to These are the same criteria Treasury served. read, write, speak, or understand will use in evaluating whether Many commentators have noted that English, they are limited English recipients are in compliance with Title some have interpreted the case of proficient, or ‘‘LEP.’’ While detailed VI. Alexander v. Sandoval, 532 U.S. 275 data from the 2000 census has not yet Before discussing these criteria in (2001), as impliedly striking down the been released, 26% of all Spanish- greater detail, it is important to note two regulations promulgated under Title VI speakers, 29.9% of all Chinese-speakers, basic underlying principles. First, we that form the basis for the part of and 28.2% of all Vietnamese-speakers must ensure that federally-assisted Executive Order 13166 that applies to reported that they spoke English ‘‘not programs aimed at the American public federally assisted programs and well’’ or ‘‘not at all’’ in response to the do not leave some behind simply activities. Treasury and Department of 1990 census. because they face challenges Justice have taken the position that this Language for LEP individuals can be communicating in English. This is of is not the case, and will continue to do a barrier to accessing important benefits particular importance because, in many so. Accordingly, we will strive to ensure or services, understanding and cases, LEP individuals form a that federally assisted programs and exercising important rights, complying substantial portion of those encountered activities work in a way that is effective with applicable responsibilities, or in federally-assisted programs. Second, for all eligible beneficiaries, including understanding other information we must achieve this goal while finding those with limited English proficiency. constructive methods to reduce the provided by federally funded programs II. Legal Authority and activities. The Federal Government costs of LEP requirements on small funds an array of services that can be businesses, small local governments, or Section 601 of Title VI of the Civil made accessible to otherwise eligible small non-profits that receive Federal Rights Act of 1964, 42 U.S.C. 2000d, LEP persons. The Federal Government financial assistance. provides that no person shall ‘‘on the is committed to improving the There are many productive steps that ground of race, color or national origin, accessibility of these programs and the Federal Government, either be excluded from participation in, be activities to eligible LEP persons, a goal collectively or as individual grant denied the benefits of, or be subjected that reinforces its equally important agencies, can take to help recipients to discrimination under any program or commitment to promoting programs and reduce the costs of language services activity receiving Federal financial activities designed to help individuals without sacrificing meaningful access assistance.’’ Section 602 authorizes and learn English. Recipients should not for LEP persons. Without these steps, directs federal agencies that are overlook the long-term positive impacts certain smaller grantees may well empowered to extend federal financial of incorporating or offering English as a choose not to participate in federally assistance to any program or activity ‘‘to Second Language (ESL) programs in assisted programs, threatening the effectuate the provisions of (section 601) parallel with language assistance critical functions that the programs * * * by issuing rules, regulations, or services. ESL courses can serve as an strive to provide. To that end, the orders of general applicability.’’ 42 important adjunct to a proper LEP plan. Department of the Treasury, in U.S.C. 2000d–1. Agency regulations promulgated However, the fact that ESL classes are conjunction with the Department of pursuant to Section 602 of Title VI made available does not obviate the Justice (DOJ), plans to continue to universally forbid recipients from statutory requirement to provide provide assistance and guidance in this ‘‘utiliz[ing] criteria or methods of meaningful access for those who are not important area. In addition, Treasury administration which have the effect of yet English proficient. Recipients of plans to work with its recipients and subjecting individuals to discrimination federal financial assistance have an LEP persons to identify and share model because of their race, color, or national obligation to reduce language barriers origin, or have the effect of defeating or that can preclude meaningful access by populations it encounters, and its prior experience in providing language services in the community it substantially impairing accomplishment LEP persons to important government serves. 1 of the objectives of the program as services. 2 The policy guidance is not a regulation but respects individuals of a particular race, rather a guide. Title VI requires that recipients take 1 Treasury recognizes that many recipients may reasonable steps to ensure meaningful access by color, or national origin.’’ See, e.g., 28 have had language assistance programs in place LEP persons. This guidance provides an analytical CFR 42.104(b)(2) (DOJ), 7 CFR 15.3(b)(2) prior to the issuance of Executive Order 13166. This framework that recipients may use to determine (Department of Agriculture), 34 CFR policy guidance provides a uniform framework for how best to comply with statutory and regulatory 100.3(b)(2)(Department of Education), a recipient to integrate, formalize, and assess the obligations to provide meaningful access to the continued vitality of these existing and possibly benefits, services, information, and other important 45 CFR 80.3(b)(2) (Department of Health additional reasonable efforts based on the nature of portions of their programs and activities for and Human Services), and 45 CFR its program or activity, the current needs of the LEP individuals who are limited English proficient. 1110.3(b)(2) (National Endowment for

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the Arts and Humanities). Treasury has Sandoval. On October 26, 2001, Ralph assistance.5 Coverage extends to a not yet, but intends to, issue regulations F. Boyd, Jr., Assistant Attorney General recipient’s entire program or activity; implementing Title VI. These will be for the Civil Rights Division, issued a i.e., to all parts of a recipient’s consistent with this long-standing memorandum for ‘‘Heads of operations. federal policy prohibiting the use of Departments and Agencies, General Some recipients may operate in criteria or methods of administration Counsels and Civil Rights Directors.’’ jurisdictions in which English has been which have the effect of discriminating This memorandum clarified and declared the official language. on the basis of race, color, or national reaffirmed the DOJ Lep Guidance in Nonetheless, these recipients continue origin. light of Sandoval.3 The Assistant to be federal non-discrimination The Supreme Court, in Lau v. Nichols, Attorney General stated that because requirements, including those 414 U.S. 563 (1974), interpreted Sandoval did not invalidate any Title VI applicable to the provision of federally regulations promulgated by the former regulations that proscribe conduct that assisted services to persons with limited Department of Health, Education, and has a disparate impact on covered English proficiency. Welfare, including language identical to groups—the types of regulations that IV. Who Is a Limited English Proficient that quoted above, to hold that Title VI form the legal basis for the part of Individual? prohibits conduct that has a Executive Order 13166 that applies to disproportionate effect on LEP persons federally assisted programs and Individuals who do not speak English because such conduct constitutes activities—the Executive Order remains as their primary language and who have national-origin discrimination. In Lau, a in force. This Guidance is thus a limited ability to read, write, speak, or San Francisco school district that had a published pursuant to Executive Order understand English can be limited significant number of non-English 13166. English proficient, or ‘‘LEP,’’ entitled to speaking students of Chinese origin was language assistance with respect to a required to take reasonable steps to III. Who Is Covered? particular type of service, benefit, or provide them with a meaningful Recipients of federal financial encounter. Examples of populations opportunity to participate in federally assistance from Treasury are required to likely to include LEP persons who are funded educational programs. provide meaningful access to LEP encountered and/or served by On August 11, 2000, Executive Order persons.4 Federal financial assistance Treasury’s recipients and should be 13166 was issued. ‘‘Improving Access to includes grants, training, use of considered when planning language Services for Persons with Limited equipment, donations of surplus services include, but are not limited to: English Proficiency,’’ 65 FR 50121 • Persons participating in taxpayer (August 16, 2000). Under that property, and other assistance. Recipients of assistance from Treasury education programs conducted by order,every federal agency that provides assisted non-profit organizations, and, financial assistance to non-federal typically include, but are not limited to, for example: • Members of distressed communities entities must publish guidance on how seeking fiscal services from assisted their recipients can provide meaningful • Nonprofit organizations engaged in financial institutions. access to LEP persons and thus comply taxpayer education, with Title VI regulations forbidding • Financial institutions serving V. How Does a Recipient Determine the funding recipients from ‘‘restrict[ing] an distressed communities. Extent of Its Obligation To Provide LEP individual in any way in the enjoyment Subrecipients likewise are covered Services? of any advantage or privilege enjoyed by when federal funds are passed through Recipients are required to take others receiving any service, financial from one recipient to a subrecipient. reasonable steps to ensure meaningful aid, or other benefit under the program’’ This is true even if only one part of the access to their programs and activities or from ‘‘utiliz[ing] criteria or methods recipient receives the federal by LEP persons. While designed to be a of administration which have the effect flexible and fact-dependent standard, on subjecting individuals to 3 The memorandum noted that some the starting point is an individualized discrimination because of their race, commentators have interpreted Sandoval as assessment that balance the following color, or national origin, or have the impliedly striking down the disparate-impact four factors: (1) The number or effect of defeating or substantially regulations promulgated under Title VI that form proportion of LEP persons eligible to be impairing accomplishment of the the basis for the part of Executive Order 13166 that aplies to federally assisted programs and activities. served or likely to be encountered b the objectives of the program as respects See, e.g., Sandoval, 532 U.S. at 286, 286 n.6 (‘‘[W]e program or grantee; (2) the frequency individuals of a particular race, color, or assume for purposes of this decision that section with which LEP individuals come in national origin.’’ 602 confers the authority to promulgate disparate- On that same day, DOJ issued a impact regulations; * * * We cannot help contact with the program; (3) the nature general guidance document addressed observing, however, how strange it is to say that and importance of the program, activity, disparate-impact regulations are inspired by, at the or services provided by the program to to ‘‘Executive Agency Civil Rights service of, and inseparably intertwined with Sec. Officers’’ setting forth general principles 601 * * * when Sec. 601 permits the very behavior people’s lives; and (4) the resources for agencies to apply in developing that the regulations forbid.’’). The memorandum, available to the grantee/recipient and guidance documents for recipients however, made clear that DOJ disagreed with the costs. As indicated above, the intent of commentators’ interpretation. Sandoval holds this guidance is to suggest a balance that pursuant to the Executive Order. principally that there is no private right of action ‘‘Enforcement of Title VI of the Civil to enforce Title VI disparate-impact regulations. It ensures meaningful access by LEP Rights Act of 1964 National Origin did not address the validity of those regulations or persons to critical services while not Discrimination Against Persons With Executive Order 13166 or otherwise limit the imposing undue burdens on small authority and responsibility of federal grant business, small local governments, or Limited English Proficiency,’’ 65 FR agencies to enforce their own implementing 50123 (August 16, 2000) (‘‘DOJ LEP regulations. small nonprofits. Guidance’’). Subsequently, federal 4 Pursuant to Executive Order 13166, the agencies raised questions regarding the meaningful access of Title VI and the four-factor 5 However, if federal agency were to decide to analysis set forth in the DOJ LEP Guidance are to terminate federal funds based on noncompliance requirements of the Executive Order, additionally apply to the federally conducted with Title VI, only funds directed to the particular especially in light of the Supreme programs and activities of federal agencies, program or activity that is out of compliance would Court’s decision in Alexander v. including Treasury. be terminated. 41 U.S.C. 2000d–1.

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After applying the above four-factor language services that were needed. In be as simple as being prepared to use analysis, a recipient may conclude that conducting this analysis, it is important one of the commercially-available different language assistance measures to include language minority telephonic interpretation services to are sufficient for the different types of populations that are eligible for their obtain immediate interpreter services. In programs or activities in which it programs or activities but may be applying this standard, recipients engages. For instance, some of a underserved because of existing should take care to consider whether recipient’s activities will be more language barriers. Other data should be appropriate outreach to LEP persons important than others or have greater consulted to refine or validate a could increase the frequency of contact impact on or contact with LEP persons, recipient’s prior experience, including with LEP language groups. and thus may require more in the way the latest census data for the area (3) The Nature and Importance of the of language assistance. The flexibility served, data from school systems and Program, Activity, or Service Provided that recipients have in addressing the from community organizations, and data by the Program. The more important the needs of the LEP populations they serve from state and local governments.6 activity, information, service, or does not diminish, and should not be Community agencies, school systems, program, or the greater the possible used to minimize, the obligation that religious organizations, legal aid consequences of the contact to the LEP those needs be addressed. Treasury’s entities, and others can often assist in individuals, the more likely language recipients should apply the following identifying populations for whom services are needed. For example, the four factors to the various kinds of outreach is needed and who would obligations of a federally assisted school contacts that they have with the public benefit from the recipients’ programs or hospital to LEP constituents are to assess language needs and decide and activities were language services generally far grater than those of a what reasonable steps they should take provided. federally assisted zoo or theater. A to ensure meaningful access for LEP (2) The Frequency With Which LEP recipient needs to determine whether persons. Individuals Come in Contract With the denial or delay of access to service or (1) The Number or Proportion of LEP Program. Recipients should assess, as information could have serious or even Persons Served or Encountered in the accurately as possible, the frequency life-threatening implications for the LEP Eligible Service Population. One factor with which they have or should have individual. Decisions by a federal, state, in determining what language services contact with an LEP individual from or local entity to make an activity recipients should provide is the number different language groups seeking compulsory, such as a particular or proportion of LEP persons from a assistance. The more frequent the educational program, can serve as strong particular language group served or contact with a particular language evidence of the program’s importance. encountered in the eligible service group, the more likely that enhanced While all situations must of course be population. The greater the number or language services in that language are analyzed on a case-by-case basis, the proportion of these LEP persons, the needed. The steps that are reasonable following general observations may be more likely language services are for a recipient that serves an LEP person helpful to Treasury’s recipients needed. Ordinarily, persons ‘‘eligible to on a one-time basis will be very considering the implications of applying be served, or likely to be directly different than those expected from a this factor of the four-factor test to their affected, by’’ a recipient’s program or recipient that serves LEP persons daily. respective programs: activity are those who are served or Examples It is also advisable to consider the • encountered in the eligible service frequency of different types of language An assisted financial institution in a city with a large Hispanic population population. This population will be contacts. For example, frequent contacts including a significant number of LEP program specific, and includes persons with Spanish-speaking people who are members should consider translating who are in the geographic area that has LEP may require certain assistance in account and loan applications into been approved by a federal grant agency Spanish. Less frequent contact with Spanish (or implementing a procedure as the recipient’s service area. However, different language groups may suggest a through which Spanish-speaking LEP where, for instance, a precinct in the different and less intensified solution. If persons could be served by Spanish- case of a law enforcement entity or a an LEP individual accesses a program or school in the case of an educational speaking officers). service on a daily basis, a recipient has With respect to the importance of a system serves a large LEP population, greater duties than if the same the appropriate service area is most program, activity, or service provided by individual’s program or activity contact one of the Agency’s recipients, the likely the precinct or school, and not the is unpredictable or infrequent. But even entire population served by the obligation to provide translation recipients that serve LEP persons on an services will most likely be greatest in recipient. Where no service area has unpredictable or infrequent basis should previously been approved, the relevant educational/training situations or in use this balancing analysis to determine connection with the provision of law service area may be that which is what to do if an LEP individual seeks approved by state or local authorities or enforcement services. As an aid in services under the program in question. designated by the recipient itself, applying this guidance to their own This plan need not be intricate. It may provided that these designations do not programs or activities, entities that themselves discriminatorily exclude receive federal financial assistance from 6 The focus of the analysis is on lack of English certain populations. When considering proficiency, not the ability to speak more than one either the Department of Education or the number or proportion of LEP language. Note that demographic data may indicate Department of Justice and Treasury may individuals in a service area, recipients the most frequently spoken languages other than rely on the more particularized LEP providing educational services to minor English and the percentage of people who speak Guidance of the Department of that language who speak or understand English less LEP students should also include the than well. Some of the most commonly spoken Education (in the case of a school-based students’ LEP parent(s) or primary languages other than English may be spoken by educational program) or the Department caretakers among those likely to be people who are also overwhelmingly proficient in of Justice (in the case of a law encountered. English. Thus, they may not be the languages enforcement entity) to ensure spoken most frequently by limited English Recipients should first examine their proficient individuals. When using demographic compliance with the obligation to prior experiences with LEP encounters data, it is important to focus in on the languages provide meaningful access in those and determine the breadth and scope of spoken by those who are not proficient in English. respective contexts.

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(4) The Resources Available to the required. Recipients have two main Competency to interpret, however, Recipient and Costs. A recipient’s level ways to provide language services: Oral does not necessarily mean formal of resources and the costs that would be interpretation either in person or via certification as an interpreter, although imposed on it may have an impact on telephone interpretation service certification may be helpful. When the nature of the steps it should take. (hereinafter ‘‘interpretation’’) and using interpreters, recipients should Smaller recipients with more limited written translation (hereinafter ensure that they: budgets are not expected to provide the ‘‘translation’’). Oral interpretation can • Demonstrate proficiency in and same level of language services as larger range from on-site interpreters for ability to communicate information recipients with larger budgets In critical services provided to a high accurately in both English and in the addition, ‘‘reasonable steps’’ may cease volume of LEP persons to access other language and identify and employ to be reasonable where the costs through commercially-available the appropriate mode of interpreting imposed substantially exceed the telephonic interpretation services. (e.g., consecutive, simultaneous, benefits. Written translation, likewise, can range summarization, or sight translation); Resource and cost issues, however, from translation of an entire document • Have knowledge in both languages can often be reduced by technological to translation of a short description of of any specialized terms or concepts advances; the sharing of language the document. In some cases, language peculiar to the entity’s program or assistance materials and services among services should be made available on an activity and of any particularized and between recipients, advocacy expedited basis while in others the LEP vocabulary and phraseology used by the groups, and Federal grant agencies; and individual may be referred to another LEP person; 8 and, if applicable, reasonable business practices. Where office of the recipient for language understand and follow confidentiality appropriate, training bilingual staff to assistance. and impartiality rules to the same extent act as interpreters and translators, The correct mix should be based on as the recipient employee for whom information sharing through industry what is both necessary and reasonable they are interpreting and/or to the groups, telephonic and video in light of the four-factor analysis. extent their position requires. conferencing interpretation services, Regardless of the type of language • Understand and adhere to their role pooling resources and standardizing service provided, quality and accuracy as interpreters without deviating into documents to reduce translation needs, of those services can be critical in order any other role such as counselor or using qualified translators and to avoid serious consequences to the advisor. interpreters to ensure that documents LEP person and to the recipient. Some recipients may have additional need not be ‘‘fixed’’ later and that Recipients have substantial flexibility in self-imposed requirements for inaccurate interpretations do not cause determining the appropriate mix. interpreters. Where individual rights delay or other costs, centralizing depend on precise, complete, and interpreter and translator services to VI. Selecting Language Assistance accurate interpretation or translation, achieve economies of scale, or the Services the use of certified interpreters is formalized use of qualified community Recipients have two main ways to strongly encouraged. Where such volunteers, for example, may help provide language services: oral and proceedings are lengthy, the interpreter reduce costs.7 Recipients should written language services. Quality and will likely need breaks and team carefully explore the most cost-effective accuracy of the language service is interpreting may be appropriate to means of delivering competent and critical in order to avoid serious ensure accuracy and to prevent errors accurate language services before consequences to the LEP person and to caused by mental fatigue of interpreters. limiting services due to resource the recipient. While quality and accuracy of concerns. Large entities and those language services is critical, the quality entities serving a significant number or A. Oral Language Services and accuracy of language services is proportion of LEP persons should (Interpretation) nonetheless part of the appropriate mix ensure that their resource limitations are Interpretation is the act of listening to of LEP services required. The quality well-substantiated before using this something in one language (source and accuracy of language services in factor as a reason to limit language language) and orally translating it into information about completion of tax assistance. Such recipients may find it another language (target language). forms, for example, must be quite high useful to be able to articulate, through Where interpretation is needed and is while the quality and accuracy of documentation or in some other reasonable, recipients should consider language services in translation of a reasonable manner, their process for some or all of the following options for brochure about the history of money determining that language services providing competent interpreters in a need not meet the same exacting would be limited based on resources or timely manner. standards. Finally, when interpretation costs. • Competence of Interpreters. When is needed and is reasonable, it should be Treasury is well aware of the fact that providing oral assistance, recipients provided in a timely manner. To be some of its grant recipients may should ensure competency of the meaningfully effective, language experience difficulties with resource language service provider, no matter 8 allocation. Treasury emphasizes that which of the strategies outlined below Many languages have‘‘regionalisms,’’ or reasonable translation and differences in usage. For instance, a word that may are used. Competency requires more be understood to mean something in Spanish for interpretation costs are appropriately than self-indentification as bilingual. someone from Cuba may not be so understood by included in grant and award budget Some bilingual staff and community someone from Mexico. In addition, because there requests. volunteers, for instance, may be able to may be languages which do not have an appropriate This four-factor analysis necessarily direct interpretation of some terms, the interpreter communicate effectively in a different should be aware and be able to provide the most implicates the ‘‘mix’’ of LEP services language when communicating appropriate interpretation. The interpreter should information derectly in that language, likely make the recipient aware of the issue and the 7 Small recipients with limited resources may interpreter and recipient can then work to develop find that entering into a bulk telephonic but not be competent to interpret in and a consistent and appropriate set of descriptions of interpretation service contract will prove cost out of English. Likewise, they may not these terms in that language that can be used again, effective. be able to do written translations. when appropriate.

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assistance should be timely. While there based organizations and mutual arrangements with community-based is no single definition for ‘‘timely’’ assistance associations provide organizations that provide volunteers to applicable to all types of interactions at interpretation services for particular address these concerns and to help all times by all types of recipients, one languages. Contracting with and ensure that services are available more clear guide is that the language providing training regarding the regularly. assistance should be provided at a time recipient’s programs and processes to • Use of Family Members or Friends and place that avoids the effective these organizations can be a cost- as Interpreters. Although recipients denial of the service, benefit, or right at effective option for providing language should not plan to rely on an LEP issue or the imposition of an undue services to LEP persons from those person’s family members, friends, or burden on or delay in important rights, language groups. other informal; interpreters to provide benefits, or services to the LEP person. • Using Telephone Interpreter Lines. meaningful access to important Conversely, where access to or exercise While of limited value for live programs and activities, where LEP of a service, benefit, or right is not performances or museum exhibits, persons so desire, they should be effectively precluded by a reasonable telephone interpreter service lines often permitted to use, at their own expense, delay, language assistance can likely be offer speedy interpreting assistance in an interpreter of their own choosing delayed for a reasonable period. many different languages in other (whether a professional interpreter, • Hiring Bilingual Staff. When public-contract situations. They may be family member, or friend) in place of or particular languages are encountered particularly appropriate where the mode as a supplement to the free language often, hiring bilingual staff offers one of of communicating with an English services expressly offered by the the best, and often most economical, proficient person would also be over the recipient. LEP persons may feel more options. Recipients and subrecipients phone. Although telephonic comfortable when a trusted family can, for example, fill public contact interpretation services are useful in member or friend acts as an interpreter. positions with staff who are bilingual many situations, it is important to In addition, in exigent circumstances and competent to communicate directly ensure that, when using such services, that are not reasonably foreseeable, with LEP persons in their language and the interpreters used are competent to temporary use of interpreters not at the appropriate level of competency. interpret any technical terms specific to provided by the recipient may be If bilingual staff are also used to a particular program that may be necessary. However, with proper interpret between English speakers and important parts of the conversation. planning and implementation, LEP persons, or to orally interpret Nuances in languages and non-verbal recipients should be able to avoid most written documents from English into communication can often assist an such situations. Recipients, however, another language, they should be interpreter and cannot be recognized should take special care to ensure that competent in the skill of interpreting. over the phone. Video teleconferencing family, legal guardians, caretakers, and Being bilingual does not necessarily may sometimes help resolve this issue other informal interpreters are mean that a person has the ability to where necessary. In addition, where appropriate in light of the circumstances interpret. In addition, there may be documents are being discussed, it is and subject matter of the program, times when the role of the bilingual important to give telephonic interpreters service or activity, including protection employee may conflict with the role of adequate opportunity to review the of the recipient’s own administrative or an interpreter (for instance, a bilingual document prior to the discussion and enforcement interest in accurate. In member of a formal review panel any logistical problems should be many circumstances, family members adjudicating allegations of program or addressed. (especially children) or friends are not fiscal noncompliance would probably • Using Community Volunteers. In competent to provide quality and not be able to perform effectively the addition to consideration of bilingual accurate interpretations. Issues of role of interpreter and adjudicator at the staff, staff interpreters, or contract confidentiality, privacy, or conflict of same time, even if the bilingual interpreters (either in-person or by interest may also arise. LEP individuals employee were a qualified interpreter). telephone) as options to ensure may feel uncomfortable revealing or Effective management strategies, meaningful access by LEP persons, use describing sensitive, confidential, or including any appropriate adjustments of recipient-coordinated community potentially embarrassing information to in assignments and protocols for using volunteers, working with, for instance, a family member, friend, or member of bilingual staff, can ensure that bilingual community-based organizations may the local community. In addition, such staff are fully and appropriately utilized. provide a cost-effective supplemental informal interpreters may have a When bilingual staff cannot meet all of language assistance strategy under personal connection to the LEP person the language service obligations of the appropriate circumstances. They may be or an undisclosed conflict of interest. recipient, the recipient should turn to particularly useful in providing For these reasons, when oral language other options. language access for a recipient’s less services are necessary, recipients should • Hiring Staff Interpreters. Hiring critical programs and activities. To the generally offer competent interpreter interpreters may be most helpful where extent the recipient relies on services free of cost to the LEP person. there is a frequent need for interpreting community volunteers, it is often best to While issues of competency, services in one or more languages. use volunteers who are trained in the confidentiality, and conflict of interest Depending on the facts, sometimes it information or services of the program in the use of family members or friends may be necessary and reasonable to and can communicate directly with LEP often make their use inappropriate, the provide on-site interpreters to provide persons in their language. Just as with use of these individuals as interpreters accurate and meaningful all interpreters, community volunteers may be an appropriate option where communication with an LEP person. used to interpret between English proper application of the four factors • Contracting for Interpreters. speakers and LEP persons, or to orally would lead to a conclusion that Contract interpreters may be a cost- translate documents, should be recipient-provided services are not effective option when there is no regular competent in the skill of interpreting necessary. If the importance and nature need for a particular language skill. In and knowledgeable about applicable of the activity is relatively low and addition to commercial and other confidentiality and impartiality rules, if unlikely to implicate issues of private providers, many community- any. Recipients should consider formal confidentiality, conflict of interest, or

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the need for accuracy, and the resources service involved, and the consequence across the country. They regularly serve needed and costs of providing language to the LEP person if the information in LEP persons who speak dozens and services are high, an LEP person’s use question is not provided accurately or in sometimes over 100 different languages. of family, friends, or others may be a timely manner. Where appropriate, To translate all written materials into all appropriate. recipients are encouraged to create a of those languages is unrealistic. If the LEP person voluntarily chooses plan for consistently determining, over Although recent technological advances to provide his or her own interpreter, a time and across its various activities, have made it easier for recipients to recipient should consider whether a what documents are ‘‘vital’’ to the store and share translated documents, record of that choice and of the meaningful access of the LEP such an undertaking would incur recipient’s offer of assistance is populations they serve. substantial costs and require substantial appropriate. Where precise, complete, Classifying a document as vital or resources. Nevertheless, well- and accurate interpretations or non-vital is sometimes difficult, substantiated claims of lack of resources translations of information and/or especially in the case of outreach to translate all vital documents into testimony are critical, or where the materials like brochures or other dozens of languages do not necessarily competency of the LEP person’s information on rights and services. relieve the recipient of the obligation to interpreter is not established, a recipient Awareness of rights or services is an translate those documents into at least might decide to provide its own, important part of ‘‘meaningful access.’’ several of the more frequently- independent interpreter, even if an LEP Lack of awareness that a particular encountered languages and to set person wants to use his or her own program, right, or service exists may benchmarks for continued translations interpreter as well. Extra caution should effectively deny LEP individuals into the remaining languages over time. be exercised when the LEP person meaningful access. Thus, where As a result, the extent of the recipient’s chooses to use a minor as the recipient is engaged in community obligation to provide written interpreter. While the LEP person’s outreach activities in furtherance of its translations of documents should be decision should be respected, there may activities, it should regularly assess the determined by the recipient on a case- be additional issues of competency, needs of the populations frequently by-case basis, looking at the totality of confidentiality, or conflict of interest encountered or affected by the program the circumstances in light of the four- when the choice involves using children or activity to determine whether certain factor analysis. Because translation is as interpreters. The recipient should critical outreach materials should be one-time expense, consideration should take care to ensure that the LEP person’s translated. Community organizations be given to whether the up-front cost of choice is voluntary, that the LEP person may be helpful in determining what translating a document (as opposed to is aware of the possible problems if the outreach materials may be most helpful oral interpretation) should be amortized preferred interpreter is a minor child, to translate. In addition, the recipient over the likely lifespan of the document and that the LEP person knows that a should consider whether translations of when applying this four-factor analysis. competent interpreter could be provided outreach material may be made more Safe Harbor. Many recipients would by the recipient at no cost. effective when done in tandem with like to ensure with greater certainty that other outreach methods, including they comply with their obligations to B. Written Language Services utilizing the ethnic media, schools, provide written translations in (Translation) religious, and community organizations languages other than English. Translation is the replacement of a to spread a message. Paragraphs (a) and (b) outline the written text from one language (source Sometimes a document includes both circumstances that can provide a ‘‘safe language) into an equivalent written text vital and non-vital information. This harbor’’ for recipient regarding the in another language (target language). may be the case when the document is requirements for translation of written What Documents Should be very large. It my also be the case when materials. A ‘‘safe harbor’’ mean that if Translated? After applying the four- the title and phone number for a recipient provides written translations factor analysis, a recipient may obtaining more information on the under these circumstances, such action determine that an effective LEP plan for contents of the document in frequently- will be considered strong evidence of its particular program or activity encountered languages other than compliance with the recipient’s written- includes the translation of vital written English is critical, but the document is translation obligations. materials into the language of each sent out to the general public and The failure to provide written frequently-encountered LEP group cannot reasonably be translated into translations under the circumstances eligible to be served and/or likely to be many languages. Thus, vital information outlined in paragraphs (a) and (b) dies affected by the recipient’s program. may include, for instance, the provision not mean there is non-compliance. Such written materials could include, of information in appropriate languages Rather, they provide a common starting for example: other than English regarding where a point for recipients to consider whether • Notices advising LEP persons of LEP person might obtain an and at what point the importance of the free language assistance. interpretation or translation of the service, benefit, or activity involved; the • Written tests that do not assess document. nature of the information sought; and English language competency, but test Into What Languages Should the number or proportion of LEP competency for a particular license, job, Documents be Translated? The persons served call for written or skill for which knowing English is languages spoken by the LEP translations of commonly-used forms not required. individuals with whom the recipient into frequently-encountered languages • Applications to participate in a has contact determine the languages other than English. Thus, these recipient’s program or activity or to into which vital documents should be paragraphs merely provide a guide for receive recipient benefits, grants, or translated. A distinction should be recipients that would like greater services. make, however, between languages that certainty of compliance than can be Whether or not a document (or the are frequently encountered by a provided by a fact-intensive, four-factor information it solicits) is ‘‘vital’’ may recipient and less commonly- analysis. depend upon the importance of the encountered languages. Many recipients Example: Even if the safe harbors are program, information, encounter, or serve communities in large cities or not used, if written translation of a

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certain document(s) would be so documents should be competent. Many recipient, other recipients, or federal burdensome as to defeat the legitimate of the same considerations apply. agencies may be helpful. objectives of its program, the translation However, the skill of translation is very While quality and accuracy of of the written materials is not necessary. different from the skill of interpreting, translation services is critical, the Other ways of providing meaningful and a person who is a competent quality and accuracy of translation access, such as effective oral interpreter may or may not be services is nonetheless part of the interpretation of certain vital competent to translate. appropriate mix of LEP services documents, might be acceptable under Particularly where vital documents required. For instance, documents that such circumstances. are being translated, competence can are simple and have no significant Safe Harbor Guides. The following often be achieved by use of certified consequence for LEP persons who rely actions will be considered strong translators. Certification or accreditation on them may use translators that are less evidence of compliance with the may not always be possible or skilled than important documents with recipient’s written-translation necessary.9 Competence can often be legal or other information upon which obligations: ensured by having a second, reliance has important consequences. (a) The recipient provides written independent translator ‘‘check’’ the The permanent nature of written translations of vital documents for each work of the primary translator. translations, however, imposes eligible LEP language group that Alternatively, one translator can additional responsibility on the constitutes five percent or 1,000, translate the document, and a second, recipient to ensure that the quality and whichever is less, of the population of independent translator could translate it accuracy permit meaningful access by persons eligible to be served or likely to back into English to check that the LEP persons. be affected or encountered. Translation appropriate meaning has been of other documents, if needed, can be VII. Elements of Effective Plan on conveyed. This is called ‘‘black Lanuage Assistance for LEP Persons provided orally; or translation.’’ (b)If there are fewer than 50 persons Translators should understand the After completing the four-factor in a language group that reaches the five expected reading level of the audience analysis and deciding what language percent trigger in (a), the recipient does and, where appropriate, have assistance services are appropriate, a not translate vital written materials but fundamental knowledge about the target recipient should develop an provides written notice in the primary language group’s vocabulary and implementation plan to address the language of the LEP language group of phraseology. Sometimes direct identified needs of the LEP populations the right to receive competent oral translation of materials results in a they serve. Recipients have considerable interpretation of those written materials, translation that is written at a much flexibility in developing this plan. The free of cost. more difficult level than the English development and maintenance of a These safe harbor provisions apply to language version or has no relevant periodically-updated written plan on the translation of written documents equivalent meaning.10 language assistance for LEP persons only. They do not affect the requirement Community organizations may be able (‘‘LEP plan’’) for use by recipient to provide meaningful access to LEP to help consider whether a document is employees serving the public will likely individuals through competent oral written at a good level for the audience. be the most appropriate and cost- interpreters where oral language Likewise, consistency in the words and effective means of documenting services are needed and are reasonable. phrases used to translate terms of art or compliance and providing a framework Treasury provides assistance to a other technical concepts helps avoid for the provision of timely and range of programs and activities serving confusion by LEP individuals and may reasonable language assistance. different geographic areas with varying reduce costs. Creating or using already- Moreover, such written plans would populations. Moreover, as noted above, created glossaries of commonly-used likely provide additional benefits to a the obligation to consider translations terms may be useful for LEP persons recipient’s managers in the areas of applies only to a recipient’s vital and translators and cost effective for the training, administration, planning, and documents having a significant impact recipient. Providing translators with budgeting. These benefits should lead on access rather than all types of examples of previous accurate most recipients to document in a documents used or generated by a written LEP plan their language translations of similar material by the recipient in the course of its activities, assistance services, and how staff and For these reasons, a strict reliance on LEP persons can access those services. 9 For those languages in which no formal the numbers or percentages set out in accreditation currently exists, a particular level of Despite these benefits, certain the safe harbor standards may not be membership in a professional translation recipients, such as recipients serving appropriate for all of Treasury’s association can provide some indicator of very few LEP persons and recipients recipients and for all their respective professionalism. with very limited resources, may choose 10 For instance, there may be languages which do programs or activities. While the safe not have an appropriate direct translation of some not to develop a written LEP plan. harbor standards outlined above offer a terms and the translator should be able to provide However, the absence of a written LEP common guide, the decision as to what an appropriate translation. The translator should plan does not obviate the underlying documents should be translated should likely also make the recipient aware of this. obligation to ensure meaningful access Recipients can then work with translators to ultimately be governed by the develop a consistent and appropriate set of by LEP persons to a recipient’s program underlying obligation under Title VI to descriptions of these terms in that language that can or activities. Accordingly, in the event provide meaningful access by LEP be used again, when appropriate. Recipients will that a recipient elects not to develop a persons by ensuring that the lack of find it more effective and less costly if they try to written plan, it should consider maintain consistency in the words and phrases appropriate translations of vital used to translate terms of art and legal or other alternative ways to articulate in some documents does not adversely impact technical concepts. Creating or using already- other reasonable manner a plan for upon an otherwise eligible LEP persons created glossaries of commonly used terms may be providing meaningful access. Entities ability to access its programs or useful for LEP persons and translators and cost having significant contact with LEP effective for the recipient. Providing translators activities. with examples of previous translations or similar persons, such as schools, religious Competence of Translators. As with material by the recipient, other recipient, other organizations, community groups, and oral interpreters, translators of written recipients, or federal agencies may be helpful. groups working with new immigrants

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can be very helpful in providing • Staff having contact with the public languages encountered. It should inportant input into this planning are trained to work effectively with in- provide information about available process from the beginning. The person and telephone interpreters. language assistance services and how to following five steps may be helpful in Recipients may want to include this get them. designing an LEP plan and are typically training as part of the orientation for • Including notices in local part of effective implementation plans. new employees. It is important to newspapers in languages other than (1) Identifying LEP Individuals Who ensure that all employees in public English. Need Language Assistance. The first two contact positions are properly trained. • Providing notices on non-English- factors in the four-factor analysis require Recipients have flexibility in deciding language radio and television stations an assessment of the number or the manner in which the training is about the available language assistance proportion of LEP individuals eligible to provided. The more frequent the contact services and how to get them. be served or encountered and the with LEP persons, the greater the need • Presentations and/or notices at frequency of encounters. This requires will be for in-depth training. Staff with schools and religious organizations. recipients to identify LEP persons with little or no contact with LEP persons (5) Monitoring and Updating the LEP whom it has contact. One way to may only have to be aware of an LEP Plan. Recipients should, where determine the language of plan. However, management staff, even appropriate, have a process for communication is to use language if they do not interact regularly with determining, on and ongoing basis, identification cards (or ‘‘I speak cards’’), LEP persons, should be fully aware of whether new documents, programs, which invite LEP persons to identify and understand the plan so they can services, and activities need to be made their language needs to staff. Such reinforce its importance and ensure its accessible for LEP individuals, and they cards, for instance, might say ‘‘I speak implementation by staff. may want to provide notice of any Spanish’’ in both Spanish and English, (4) Providing Notice to LEP Persons. changes in services to the LEP public ‘‘I speak Vietnamese’’ in both English Once and organization has decided, and to the employee. In addition, and Vietnamese, etc. To reduce costs of based on the four factors, that it will recipients should consider whether compliance, the federal government has provide language services, it is changes in demographics, types of made a set of these cards available on important for the recipients to let LEP services, or other needs require annual the Internet. The Census Bureau ‘‘I persons know that those services are reevaluation of their LEP plan. Less speak card’’ can be found and available are that they are free of charge. frequent reevaluation may be more downloaded at http://www.usdoj.gov/ Recipients should provide this notice in appropriate where demographics, crt/cor/13166.htm. When records are a language LEP persons will understand. services, and needs are more static. One normally kept of past interactions with Examples of notification that recipients good way to evaluate the LEP plan is to members of the public, the language of should consider include: seek feedback from the community. In Posting signs in intake areas and other the LEP person can be included as part their reviews, recipients may want to entry points. When language assistance of the record. In addition to helping consider assessing changes in : is needed to ensure meaningful access employees identify the language of LEP • Current LEP populations in service to information and services, it is persons they encounter, this process area or population affected or important to provide notice in will help in future applications of the encountered. appropriate languages in intake areas or • first two factors of the four-factor Frequency of encounters with LEP initial points of contact so that LEP analysis. In addition, posting notices in language groups. persons can learn how to access those • commonly encountered languages Nature and importance of activities language services. For instance, signs in notifying LEP persons of language to LEP persons. intake offices could state that free • assistance will encourage them to self- Availability of resources, including language assistance is available. The technological advances and sources of identify. signs should be translated into the most (2) Language Assistance Measures. An additional resources, and the costs common languages encountered. They effective LEP plan would likely include imposed. should explain how to get the language • information about the ways in which Whether existing assistance is help.11 language assistance will be provided. meeting the needs of LEP persons. • Stating in outreach documents that • Whether staff knows and For instance, recipients may want to language services are available from the include information on at least the understands the LEP plan and how to agency. Announcements could be in, for implement it. following: instance, brochures, booklets, and in • • Types of language services Whether identified sources for outreach and recruitment information. available. assistance are still available and viable. These statements should be translated • How staff can obtain those services. In addition to these five elements, • How to respond to LEP callers. into the most common languages and effective plans set clear goals, • How to respond to written could be ‘‘tagged’’ onto the front of management accountability, and common documents. opportunities for community input and communications from LEP persons. • • How to respond to LEP individuals Working with community-based planning throughout the process. organizations and other stakeholders to who have in-person contact with VIII. Voluntary Compliance Effort recipient staff. inform LEP individuals of the • How to ensure competency of recipients’ services, including the The goal for Title VI and Title VI interpreters and translation services. availability of language assistance regulatory enforcement is to achieve (3) Training Staff. Staff should know services. voluntary compliance. The requirement • their obligations to provide meaningful Using a telephone voice mail menu. to provide meaningful access to LEP access to information and services for The menu could be in the most common persons is implemented by Treasury LEP persons. An effective LEP plan through complaint investigations, would likely include training to ensure 11 The Social Security Administration has made compliance reviews, efforts to secure that: such signs available at http://www.ssa.gov/ voluntary compliance, and technical • multilanguage/langlist1.htmwww.ssa.gov/ Staff know about LEP policies and multilanguage/langlist1.htm These signs could, for assistance. Upon publication of procedures. example, be modified for recipient use. Treasury’s Title VI regulations, the

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enforcement procedures in those over time as it is implemented and language differences that would deny regulations will be applicable to this periodically reevaluated. As recipients LEP persons a meaningful opportunity program. take reasonable steps to provide to participate in and access programs, Treasury will investigate whenever it meaningful access to federally assisted services, and benefits. A recipient receives a complaint, report, or other programs and activities for LEP persons, entity’s appropriate use of the methods information that alleges or indicates Treasury will look favorably on and options discussed in this policy possible noncompliance with Title VI. If intermediate steps recipients take that guidance is viewed by Treasury as the investigation results in a finding of are consistent with this Guidance, and evidence of that entity’s willingness to compliance, Treasury will inform the that, as part of a broader comply voluntarily with its Title VI recipient in writing of this implementation plan or schedule, move obligations. determination, including the basis for their service delivery system toward IX. Complaint Process the determination. Treasury will use providing full access to LEP persons. voluntary mediation to resolve most This does not excuse noncompliance Anyone who believes that he/she has complaints. However, if a case is fully but instead recognizes that full been discriminated against because of investigated and results in a finding of compliance in all areas of a recipient’s race, color or national origin in violation noncompliance, Treasury will inform activities and for all potential language of Title VI may file a complaint with the recipient of the noncompliance minority groups may reasonably require Treasury within 180 days of the date on through a Letter of Findings that sets out a series of implementing actions over a which the discrimination took place. the areas of noncompliance and the period of time. However, in developing The following information should be steps that must be taken to correct the any phased implementation schedule, included: noncompliance. It will first attempt to recipients should ensure that the • Your name and address (a secure voluntary compliance through provision of appropriate assistance for telephone number where you may be informal means. If the matter cannot be significant LEP populations or with reached during business hours is resolved informally, Treasury will respect to activities having a significant helpful, but not required); secure compliance through the impact on the health, safety, legal rights, • A general description of the termination of federal assistance after or livelihood of beneficiaries is person(s) or class of persons injured by the recipient has been given an addressed first. Recipients are the alleged discriminatory act(s); opportunity for an administrative encouraged to document their efforts to • The name and location of the hearing and/or by referring the matter to provide LEP persons with meaningful organization or institution that a DOJ litigation section to seek access to federally assisted programs committed the alleged discriminatory injunctive relief or pursue other and activities. act(s); enforcement proceedings. Treasury will In cases where a recipient of federal • A description of the alleged engage in voluntary compliance efforts financial assistance from Treasury also discriminatory act(s) in sufficient detail and provide technical assistance to receives assistance from one or more to enable the Office of Workforce recipients at all stages of an other federal agencies, there is no Development and Equal Opportunity investigation. During these efforts, obligation to conduct and document (OEOP) to understand what occurred, Treasury will propose reasonable separate but identical analyses and when it occurred, and the basis for the timetables for achieving compliance and language assistance plans. Treasury, in alleged discrimination. consult with and assist recipients in discharging its compliance and • The letter or form must be signed exploring cost-effective ways of coming enforcement obligations under Title VI, and dated by the complainant or by into compliance. In determining a will look to analyses performed and someone authorized to do so on his or recipient’s compliance with the Title VI plans developed in response to similar her behalf. regulations, Treasury’s primary concern detailed LEP guidance issued by other A recipient may not retaliate against is to ensure that the recipient’s policies federal agencies. Accordingly, as an any person who has made a complaint, and procedures provide meaningful adjunct to this Guidance, recipients testified, assisted or participated in any access for LEP persons to the recipient’s may, where appropriate, also rely on manner in an investigation or programs and activities. guidance issued by other agencies in proceeding under the statutes governing While all recipients must work discharging their Title VI LEP Federal financial assistance programs. toward building systems that will obligations. Civil rights complaints should be filed ensure access for LEP individuals, In determining a recipient entity’s with: Department of the Treasury, Office Treasury acknowledges that the compliance with Title VI, Treasury’s of Workforce Development and Equal implementation of a comprehensive primary concern is to ensure that the Opportunity, 1500 Pennsylvania system to serve LEP individuals is a entity’s policies and procedures Avenue, NW, Room 6071 Metropolitan process and that a system will evolve overcome barriers resulting from Square, Washington, DC 20220.

DEPARTMENTAL OFFICES—FY 2004 SALARIES AND EXPENSES [Program Office: DAS Management & Budget]

% of YTD spend- % of balance 1 Balance remaining remaining Spending category Financial plan YTD spending ing Target: 0% Target: 100%

FUNDED POSITIONS ...... 27.0 ...... 27.0 0.0 100.0 Salaries ...... 2,203,433.0 ...... 2,203,433 0.0 100.0 Benefits ...... 484,755 ...... 484,755 0.0 100.0 Overtime ...... 0.0 0.0 Awards ...... 25,545 ...... 25,545 0.0 100.0

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DEPARTMENTAL OFFICES—FY 2004 SALARIES AND EXPENSES—Continued [Program Office: DAS Management & Budget]

% of YTD spend- % of balance 1 Balance remaining remaining Spending category Financial plan YTD spending ing Target: 0% Target: 100%

Subtotal, Personnel ...... 2,713,733 ...... 2,713,733 0.0 100.0

Travel ...... 7,500 ...... 7,500 0.0 0.0 Transportation ...... 0.0 0.0 Rents, Comm. & Utilities ...... 1,920 ...... 1,920 0.0 100.0 Printing & Reprodution ...... 0.0 0.0 Other Services ...... 46,560 ...... 46,450 0.0 100.0 Supplies ...... 7,585 ...... 7,585 0.0 100.0 Equipment ...... 2,880 ...... 2,880 0.0 100.0 Other ...... 0.0 0.0

Subtotal, Non-Personnel ...... 66,445 ...... 66,445 0.0 100.0 Grand Total ...... 2,780,178 ...... 2,780,178 0.0 100.0 Notes: 1 Financial plan reflects the current financial plan. Office of Financial Management Division Budget Analyst: Angela Brown Telephone #: 622–1032

[FR Doc. 03–31397 Filed 12–19–03; 8:45 am] BILLING CODE 4810–25–M

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Corrections Federal Register Vol. 68, No. 245

Monday, December 22, 2003

This section of the FEDERAL REGISTER DEPARTMENT OF THE TREASURY Thursday, November 20, 2003, make the contains editorial corrections of previously following corrections: published Presidential, Rule, Proposed Rule, Internal Revenue Service 1. On page 65419, in the second and Notice documents. These corrections are column, in the second paragraph, in the prepared by the Office of the Federal 26 CFR Part 1 fifth line from the bottom, ‘‘under ‘‘’’ Register. Agency prepared corrections are should read ‘‘under §’’. issued as signed documents and appear in [REG–110896–98] the appropriate document categories 2. On the same page, in the third elsewhere in the issue. RIN 1545–AW35 column, in the third paragraph, in the 11th line, ‘‘[DATE OF PUBLICATION Charitable Remainder Trusts; OF THIS DOCUMENT IN THE Application of Ordering Rule FEDERAL REGISTER]’’ should read ‘‘November 20, 2003’’. Correction [FR Doc. C3–29042 Filed 12–19–03; 8:45 am] In proposed rule document 03–29042 beginning on page 65419 in the issue of BILLING CODE 1505–01–D

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Reader Aids Federal Register Vol. 68, No. 245 Monday, December 22, 2003

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

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 1 CFR Executive orders and proclamations 741–6000 Proposed Rules: 72...... 70121, 70423 The United States Government Manual 741–6000 11...... 70191 Proposed Rules: 35...... 68549 Other Services 3 CFR 50...... 67811 Electronic and on-line services (voice) 741–6020 Proclamations: 72...... 70463 Privacy Act Compilation 741–6064 7529 (See Proc. 300...... 68204 Public Laws Update Service (numbers, dates, etc.) 741–6043 7741) ...... 68483 850...... 68276 TTY for the deaf-and-hard-of-hearing 741–6086 7576 (See Proc. 851...... 68276 7741) ...... 68483 11 CFR 7740...... 67787 ELECTRONIC RESEARCH 7741...... 68483 4...... 70426 World Wide Web 7742...... 68999 100...... 67013, 69583 7743...... 69293 102...... 67013 Full text of the daily Federal Register, CFR and other publications 7744...... 69939 106...... 69583 is located at: http://www.access.gpo.gov/nara Executive Orders: 111...... 70426 Federal Register information and research tools, including Public 11582 (See EO 114...... 69583 Inspection List, indexes, and links to GPO Access are located at: 13320) ...... 69295 9004...... 69583 http://www.archives.gov/federallregister/ 13119...... 68233 9034...... 69583 13183 (Amended by E-mail 12 CFR EO 13319)...... 68233 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13320...... 69295 3...... 70122 an open e-mail service that provides subscribers with a digital Administrative Orders: 5...... 70122, 70691 form of the Federal Register Table of Contents. The digital form Memorandums: 6...... 70122 of the Federal Register Table of Contents includes HTML and Memorandum of March 7...... 70122 PDF links to the full text of each document. 5, 2002 (See Proc. 9...... 70122 To join or leave, go to http://listserv.access.gpo.gov and select 7741) ...... 68483 11...... 68489 Online mailing list archives, FEDREGTOC-L, Join or leave the list 16...... 68489 (orchange settings); then follow the instructions. 4 CFR 28...... 70122, 70691 27...... 69297 34...... 70122 PENS (Public Law Electronic Notification Service) is an e-mail 225...... 68493 service that notifies subscribers of recently enacted laws. 28...... 69297 29...... 69297 264b...... 68720 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 905...... 67789 and select Join or leave the list (or change settings); then follow 7 CFR Proposed Rules: the instructions. 51...... 69941 202...... 68786 FEDREGTOC-L and PENS are mailing lists only. We cannot 56...... 68487 205...... 68788 respond to specific inquiries. 70...... 68487 213...... 68791 91...... 69944 226...... 68793 Reference questions. Send questions and comments about the 96...... 69944 230...... 68799 Federal Register system to: [email protected] 319...... 70421 The Federal Register staff cannot interpret specific documents or 354...... 67937 14 CFR regulations. 772...... 69948 11...... 70132 905...... 68717 25 ...... 68499, 68501, 70133 FEDERAL REGISTER PAGES AND DATE, DECEMBER 966...... 70689 39 ...... 67018, 67020, 67021, 1220...... 69953 67024, 67025, 67027, 67585, 67013–67356...... 1 1412...... 67938 67588, 67789, 67792, 67794, 67357–67584...... 2 1421...... 67938 67796, 67798, 69596, 70136, 67585–67786...... 3 1901...... 69948 70428, 70429, 70431, 70432, 67787–67936...... 4 1942...... 69001 70434 67937–68232...... 5 1951...... 69948, 69954 71 ...... 67357, 67358, 67359, 68233–68486...... 8 Proposed Rules: 67360, 67361, 67590, 68449, 68487–68716...... 9 60...... 71039 68503, 68504, 68505, 68506, 68507, 68508, 68973, 69305, 68717–69000...... 10 275...... 70193 69597, 69598, 69599, 70137, 69001–69294...... 11 319...... 70448 810...... 70201 70138, 70139, 70140 69295–69582...... 12 900...... 67381 91...... 70132 69583–69940...... 15 929...... 69343 97...... 67363, 69306 69941–70120...... 16 1230...... 70201 135...... 69307 70121–70420...... 17 2902...... 70730 1260...... 67364 70421–70688...... 18 Proposed Rules: 70689–70994...... 19 8 CFR 25...... 68563 70995–72396...... 22 264...... 67578 39 ...... 67385, 67611, 67613,

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67616, 67618, 67622, 67812, 314...... 69009 806b...... 68517 302...... 67916 67814, 67816, 67971, 67973, 347...... 68509 Proposed Rules: 355...... 67916 67975, 67978, 67980, 67981, 520...... 68723 312...... 68577 67984, 67986, 67988, 68299, 522...... 68723, 70701 806b...... 68578 41 CFR 68301, 68304, 68306, 68308, 601...... 69009 105–55...... 68740 68311, 68802, 69051, 69053, 872...... 67365 33 CFR 105–56...... 68750 69055, 69057, 69633, 70204, 882...... 70435 1...... 69958 105–57...... 68760 70206, 70208, 70210, 70213, Proposed Rules: 66...... 68235 300–3...... 71026 70464, 70469, 70473, 70475, 17...... 67094 100...... 67944, 68239 301–10...... 69618 70477, 70479, 71040, 71045, 872...... 67097 110...... 70995 301–50...... 71026 71047, 71049, 71051 117 ...... 69607, 70152, 70712 301–52...... 71026 71 ...... 68573, 68575, 68576, 22 CFR 165 ...... 67371, 67946, 68518, 301–70...... 71026 70746, 71053 89...... 69600 69609, 69958, 70153 301–73...... 71026 126...... 67032 15 CFR 42 CFR 303...... 68695 34 CFR 6...... 69001 Proposed Rules: 200...... 68698 52a...... 69619 740...... 68976 302...... 71054 668...... 69312 102...... 70080 742...... 67030 674...... 69312 403...... 69840 743...... 68976 24 CFR 682...... 69312 408...... 69840 772...... 68976 685...... 69312 412...... 67955 774...... 67030, 68976 570...... 69580 891...... 67316 413...... 67955 801...... 69955 36 CFR 414...... 67960 806...... 67939 25 CFR 7...... 69268 476...... 67955 484...... 67955 16 CFR 170...... 67941 242...... 67595, 70712 Proposed Rules: 1500...... 70140 Proposed Rules: 26 CFR 7...... 69358 1001...... 69366 17 CFR 1 ...... 67595, 68511, 69020, 37 CFR 43 CFR 69024, 70141, 70584, 70701 228...... 69204 4...... 68765 229...... 69204 301...... 67595, 70701 1...... 67805, 70996 Proposed Rules: 240...... 69204 602 ...... 67595, 70141, 70701 253...... 67045 4100...... 68452 249...... 69204 Proposed Rules: Proposed Rules: 1...... 67818, 69442 270...... 69204 1 ...... 69061, 69062, 70214, 44 CFR 274...... 69204 70482, 70747, 71235 2...... 69442, 70482 301...... 70214, 70747 10...... 69442 64...... 67051 Proposed Rules: 65 ...... 67052, 69323, 69959 143...... 69634 11...... 69442 27 CFR 67...... 67056, 69961 200...... 68186 38 CFR 201...... 68186 9...... 67367 Proposed Rules: 67...... 67106, 67107 239...... 70402 Proposed Rules: 17...... 70714 Proposed Rules: 240...... 68186 7...... 67388 45 CFR 270...... 70388 9...... 70217 19...... 69062 31...... 70444 274...... 70402 25...... 67388 20...... 69062 403...... 69059 1185...... 70184 28 CFR 39 CFR 1604...... 67372 18 CFR 2...... 70709 Proposed Rules: Proposed Rules: 111...... 69066 2400...... 69980 4...... 69957 Proposed Rules: 5...... 69978 901...... 67991 46 CFR 11...... 67592 40 CFR 35...... 69599 29 CFR 51...... 71009 401...... 69564 52 ...... 67045, 67598, 67805, 404...... 69564 37...... 69134 1626...... 70150 67807, 67948, 68521, 68523, Proposed Rules: 161...... 69134 4011...... 67032 69025, 69318, 69320, 69611, 501...... 67510 250...... 69134 4022...... 67033, 69606 70437 535...... 67510 284...... 69134 4044...... 67035, 69606 358...... 69134 60 ...... 69029, 69036, 70960 Proposed Rules: 61 ...... 67932, 69029, 69036 47 CFR 19 CFR 1917...... 68804 62...... 68738 2...... 68241, 68531 1918...... 68804 4...... 68140 63 ...... 67953, 69029, 69036, 15...... 68531 2510...... 68710 10...... 67338 69164, 70726, 70904, 70948, 18...... 68531 103...... 68140 30 CFR 70960 20...... 70184 113...... 68140 81...... 69611 54...... 69622 122...... 68140 250...... 69308 180...... 69322 73 ...... 67378, 67599, 67964, 123...... 68140 934...... 67801 271...... 68526 68254, 68547, 69327, 69328, 163...... 67338 948...... 67035, 68724 437...... 71014 69627, 70728, 70729 178...... 68140 Proposed Rules: 721...... 70155 74...... 68241, 69328 192...... 68140 732...... 67776 Proposed Rules: 76...... 67599 931...... 70749 51...... 68805 78...... 68241 20 CFR 52 ...... 67821, 67993, 68579, 90...... 68531 31 CFR 404...... 69003 68580, 68581, 69069, 69366, 95...... 68531 416...... 69003 1...... 67943 69637, 69640, 70484 101...... 68241 718...... 69930 323...... 67943 61...... 69069 Proposed Rules: 725...... 69930 Proposed Rules: 62...... 68805 2...... 68823 Proposed Rules: 50...... 67100 63...... 69069, 70752 15...... 68823 422...... 69978 81...... 69640, 70108 52...... 68831 32 CFR 180...... 68806 53...... 68585 21 CFR 706 ...... 68511, 68513, 68514, 247...... 68813 54...... 69641 1...... 69957 68515, 68516 271...... 68585 64...... 68312

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73 ...... 67389, 67390, 67624, 904...... 68771 192...... 69778 402...... 68254 68833, 69648, 70753 923...... 68771 199...... 69046 600...... 69331 76...... 67624 952...... 68771 222...... 70586 622...... 68784 970...... 68771 229...... 70586 635...... 69969 48 CFR Ch. 30 ...... 67868 571...... 67068, 69046 648 ...... 67609, 69970, 71032, Ch. 1...... 69226, 69259 586...... 67068 Proposed Rules: 71033 1...... 69227, 69258 8...... 69262 1152...... 67809 679 ...... 67086, 67379, 67964, 2...... 67354, 69246 31...... 69264 Proposed Rules: 4...... 69248 1809...... 67995 24...... 70342 68265, 69047, 69048, 69049, 6...... 69258 1813...... 71055 171...... 67821 69974, 70753, 71036 8...... 69249 1814...... 71055 173...... 67821 Proposed Rules: 9...... 67354, 69250 1815...... 71055 174...... 67821 216...... 67629 13...... 69258 1816...... 71055 176...... 67821 222...... 70219 22...... 67354 1817...... 71055 177...... 67821 223...... 68834, 70219 25...... 69258 1819...... 71056 192 ...... 67128, 67129, 69368 224...... 68834 28...... 67354 1822...... 71056 195...... 67129, 69368 600...... 67636, 69070 31...... 69246, 69251 1823...... 71056 571...... 68319, 71057 622...... 68854, 71058 36...... 69227 1824...... 71056 44...... 67354 1825...... 71056 50 CFR 648...... 69373 52 ...... 67354, 69251, 69257, 1837...... 67995 17...... 70185 660 ...... 67132, 67638, 67640, 69258 1852...... 67995 100...... 67595, 70712 67998, 68834 53...... 69227, 69248 223...... 69962 679 ...... 67390, 67642, 68002, 232...... 69628, 69631 49 CFR 229...... 69967 70484, 70753 252...... 69628, 69631 171...... 67746 300...... 67607 697...... 67636

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REMINDERS scorecard use; Beef, lamb, pork, fish, fishing activities; The items in this list were requirements and perishable agricultural environmental impact editorially compiled as an aid procedures; published commodities, and statement and scoping to Federal Register users. 11-21-03 peanuts; mandatory meeting; comments due Inclusion or exclusion from NUCLEAR REGULATORY labeling definitions, by 12-31-03; published this list has no legal COMMISSION requirements, and 9-22-03 [FR 03-23994] significance. Spent nuclear fuel and high- recordkeeping Fishery conservation and level radioactive waste; responsibilities; comments management: independent storage; due by 12-29-03; Alaska; fisheries of RULES GOING INTO licensing requirements: published 10-30-03 [FR Exclusive Economic EFFECT DECEMBER 22, Approved spent fuel storage 03-27249] Zone— 2003 casks; list; published 10- Organic producers and Bering Sea and Aleutian 7-03 marketers; exemption from Islands groundfish; Correction; published 12- assessments for market comments due by 1-2- AGRICULTURE promotion activities; DEPARTMENT 17-03 04; published 12-3-03 comments due by 1-2-04; [FR 03-30134] Agricultural Marketing TRANSPORTATION DEPARTMENT published 12-2-03 [FR 03- Bering Sea and Aleutian Service 29958] Federal Aviation Islands groundfish; Tomatoes grown in— Administration AGRICULTURE comments due by 1-2- Florida; published 12-19-03 Airworthiness directives: DEPARTMENT 04; published 12-19-03 AGRICULTURE Boeing and McDonnell Animal and Plant Health [FR 03-31340] DEPARTMENT Douglas; published 11-17- Inspection Service Atlantic highly migratory Grain Inspection, Packers 03 Biological agents and toxins; species— and Stockyards TRANSPORTATION possession, use, and Atlantic pelagic longline Administration DEPARTMENT transfer: fishery; sea turtle Grain inspection equipment; Federal Highway Agricultural Bioterrorism bycatch mitigation; official performance Administration Protection Act of 2002; environmental impact statement; comments requirements: Engineering and traffic implementation— due by 12-29-03; Tolerance for dividers; operations: Provisional registration published 11-28-03 [FR regulation removed; certificates for Uniform Traffic Control 03-29827] published 10-23-03 Devices Manual for individuals and entities Ocean and coastal resource streets and highways; and provisional grants COMMERCE DEPARTMENT management: revision; 2003 edition; of access to biological National Oceanic and incorporation by reference; agents and toxins for Marine sanctuaries— Atmospheric Administration published 11-20-03 individuals; comments Gray’s Reef National Fishery conservation and TRANSPORTATION due by 1-2-04; Marine Sactuary, GA; management: DEPARTMENT published 11-3-03 [FR anchoring prohibition 03-27640] and fishing restrictions; Alaska; fisheries of National Highway Traffic comments due by 12- Exclusive Economic Safety Administration Plant related quarantine; Zone— domestic: 31-03; published 10-31- Motor vehicle safety 03 [FR 03-27237] North Pacific halibut and standards: Mexican fruit fly; comments sablefish program; Child restraint systems—- due by 12-29-03; EDUCATION DEPARTMENT published 12-22-03 Improved test dummies, published 10-28-03 [FR Grants: ENVIRONMENTAL updated test 03-27149] Direct grant programs; PROTECTION AGENCY procedures, and AGRICULTURE discretionary grants; Air pollution control: extended child restraints DEPARTMENT application process; comments due by 12-29- State operating permit standards for children Food and Nutrition Service 03; published 10-30-03 programs— up to 65 pounds; Child nutrition programs: [FR 03-27376] Ohio; published 11-20-03 published 6-24-03 Commodity Supplemental ENERGY DEPARTMENT Air quality implementation TREASURY DEPARTMENT Food Program— Federal Energy Regulatory plans; approval and Currency and foreign Plain language use and Commission promulgation; various transactions; financial program accountability States; air quality planning reporting and recordkeeping and flexibility changes; Electric rate and corporate purposes; designation of requirements: comments due by 12- regulation filings: areas: Bank Secrecy Act; 30-03; published 10-31- Virginia Electric & Power Co. et al.; Open for Oregon; published 10-21-03 implementation— 03 [FR 03-27305] Futures commission comments until further Water pollution; effluent COMMERCE DEPARTMENT merchants and notice; published 10-1-03 guidelines for point source National Institute of introducing brokers in [FR 03-24818] categories: Standards and Technology commodities; definition ENVIRONMENTAL National Construction Safety Centralized waste treatment as financial institutions; PROTECTION AGENCY industry; published 12-22- Team Act; implementation; suspicious transaction Environmental statements; 03 comments due by 12-29-03; reporting requirements; availability, etc.: HOUSING AND URBAN published 11-20-03 published 11-28-03 [FR 03- 29615] Coastal nonpoint pollution DEVELOPMENT control program— DEPARTMENT COMMERCE DEPARTMENT COMMENTS DUE NEXT Minnesota and Texas; Mortgage and loan insurance WEEK National Oceanic and Open for comments programs: Atmospheric Administration until further notice; Single family mortgage AGRICULTURE Endangered and threatened published 10-16-03 [FR insurance— DEPARTMENT species: 03-26087] FHA Technology Open To Agricultural Marketing Sea turtle conservation— Pesticides; tolerances in food, Approved Lenders Service Hawaii State waters; sea animal feeds, and raw (TOTAL) mortgage Labeling; country of origin: turtle interactions with agricultural commodities:

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Imidacloprid; comments due JUSTICE DEPARTMENT Bombardier; comments due due by 1-2-04; published by 12-29-03; published Drug Enforcement by 12-29-03; published 11-3-03 [FR 03-27586] 10-29-03 [FR 03-26926] Administration 11-28-03 [FR 03-29698] Salado Creek, Stanislaus Solid wastes: Controlled substances; Dassault; comments due by County, CA; comments Hazardous waste; manufacturers, distributors, 12-31-03; published 12-1- due by 12-29-03; identification and listing— and dispensers; registration: 03 [FR 03-29570] published 10-30-03 [FR 03-27317] Exclusions; comments due Long term care facilities; Empresa Brasileira de by 1-2-04; published controlled substances Aeronautica S.A. 11-17-03 [FR 03-28650] surplus accumulation; (EMBRAER); comments LIST OF PUBLIC LAWS prevention; comments due due by 1-2-04; published FEDERAL by 1-2-04; published 11-3- 12-3-03 [FR 03-30116] This is a continuing list of COMMUNICATIONS 03 [FR 03-27511] COMMISSION Hartzell Propeller Inc.; public bills from the current NATIONAL AERONAUTICS comments due by 12-29- session of Congress which Common carrier services: AND SPACE 03; published 10-29-03 have become Federal laws. It Wireless telecommunication ADMINISTRATION [FR 03-27102] may be used in conjunction services— Acquisition regulations: Learjet; comments due by with ‘‘PLUS’’ (Public Laws Telephone number Government property— 12-29-03; published 11- Update Service) on 202–741– portability; comments NASA Form 1018 13-03 [FR 03-28399] 6043. This list is also due by 12-30-03; preparation instructions; McDonnell Douglas; available online at http:// published 12-10-03 [FR comments due by 12- comments due by 12-29- www.nara.gov/fedreg/ 03-30542] 30-03; published 10-31- 03; published 11-12-03 plawcurr.html. Wireless telecommunications 03 [FR 03-27490] [FR 03-28325] The text of laws is not services— Research and development Pratt & Whitney; comments published in the Federal Spectrum-based services abstracts; comments due due by 1-2-04; published Register but may be ordered to rural areas; by 12-30-03; published 11-3-03 [FR 03-27327] in ‘‘slip law’’ (individual 10-31-03 [FR 03-27492] comments due by 12- Rolls-Royce plc; comments pamphlet) form from the 29-03; published 11-12- Grant and Cooperative due by 12-29-03; Superintendent of Documents, 03 [FR 03-28047] Agreement Handbook: published 10-28-03 [FR U.S. Government Printing Digital television stations; table Research and development 03-26916] Office, Washington, DC 20402 (phone, 202–512–1808). The of assignments: abstracts; comments due Class D airspace; comments text will also be made Alabama; comments due by by 12-30-03; published due by 12-29-03; published available on the Internet from 12-29-03; published 11- 10-31-03 [FR 03-27489] 11-5-03 [FR 03-27752] GPO Access at http:// 14-03 [FR 03-28463] NATIONAL CREDIT UNION Class E airspace; comments ADMINISTRATION www.access.gpo.gov/nara/ Indiana; comments due by due by 12-31-03; published nara005.html. Some laws may Security programs.: 12-29-03; published 11- 11-28-03 [FR 03-29452] not yet be available. Unauthorized access to 14-03 [FR 03-28462] TRANSPORTATION member information and HEALTH AND HUMAN DEPARTMENT H.R. 2297/P.L. 108–183 member notice; response Veterans Benefits Act of 2003 SERVICES DEPARTMENT Research and Special programs; guidance; (Dec. 16, 2003; 117 Stat. Food and Drug Programs Administration comments due by 12-29- 2651) Administration 03; published 10-30-03 Pipeline safety: H.R. 3491/P.L. 108–184 Reports and guidance [FR 03-27312] Internal inspection devices; documents; availability, etc.: National Museum of African NUCLEAR REGULATORY information request; American History and Culture Evaluating safety of COMMISSION comments due by 12-31- Act (Dec. 16, 2003; 117 Stat. antimicrobial new animal Rulemaking petitions; 03; published 12-1-03 [FR 2676) drugs with regard to their Hee, Terrence O., Ion 03-29853] microbiological effects on H.J. Res. 82/P.L. 108–185 Technology; comments TREASURY DEPARTMENT Making further continuing bacteria of human health due by 12-29-03; concern; Open for Foreign Assets Control appropriations for the fiscal published 10-15-03 [FR Office year 2004, and for other comments until further 03-25986] notice; published 10-27-03 Iraqi sanctions regulations: purposes. (Dec. 16, 2003; 117 [FR 03-27113] SECURITIES AND Sanctions regulations Stat. 2684) EXCHANGE COMMISSION removed and interpretive S. 811/P.L. 108–186 HEALTH AND HUMAN Securities: SERVICES DEPARTMENT guidance for secondary- To support certain housing Security holders and boards market transactions in proposals in the fiscal year Quarantine, inspection, and of directors; nominating Iraqi debt; comments due 2003 budget for the Federal licensing: committee functions and by 12-29-03; published Government, including the Select agents and toxins; communications; 10-28-03 [FR 03-27073] downpayment assistance possession, use, and disclosure requirements; TREASURY DEPARTMENT initiative under the HOME transfer; comments due Correction; comments due Investment Partnership Act, Terrorism Risk Insurance by 1-2-04; published 11-3- by 1-1-04; published and for other purposes. (Dec. Program 03 [FR 03-27659] 12-11-03 [FR R3-29723] 16, 2003; 117 Stat. 2685) Initial claims procedures; HOMELAND SECURITY TRANSPORTATION S. 877/P.L. 108–187 comments due by 12-31- DEPARTMENT DEPARTMENT Controlling the Assault of Non- 03; published 12-1-03 [FR Federal Emergency Solicited Pornography and Federal Aviation 03-29729] Management Agency Administration Marketing Act of 2003 (Dec. Disaster assistance: Airworthiness directives: TREASURY DEPARTMENT 16, 2003; 117 Stat. 2699) Hazard mitigation planning Aerospatiale; comments due Alcohol and Tobacco Tax H.J. Res. 63/P.L. 108–188 and Hazard Mitigation by 12-29-03; published and Trade Bureau Compact of Free Association Grant Program; comments 11-28-03 [FR 03-29701] Alcohol; viticultural area Amendments Act of 2003 due by 12-29-03; Airbus; comments due by designations: (Dec. 17, 2003; 117 Stat. published 10-28-03 [FR 12-29-03; published 11- Ribbon Ridge, Yamhill 2720) 03-27140] 28-03 [FR 03-29696] County, OR; comments Last List December 17, 2003

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enacted public laws. To PENS cannot respond to subscribe, go to http:// specific inquiries sent to this Public Laws Electronic listserv.gsa.gov/archives/ address. 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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CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–050–00038–5) ...... 60.00 Jan. 1, 2003 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–050–00039–3) ...... 58.00 Jan. 1, 2003 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–050–00040–7) ...... 28.00 Jan. 1, 2003 numbers, prices, and revision dates. 200–1199 ...... (869–050–00041–5) ...... 47.00 Jan. 1, 2003 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–050–00042–3) ...... 43.00 Jan. 1, 2003 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–050–00043–1) ...... 37.00 Jan. 1, 2003 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–050–00044–0) ...... 57.00 Jan. 1, 2003 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–050–00045–8) ...... 40.00 Jan. 1, 2003 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–050–00046–6) ...... 47.00 Jan. 1, 2003 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–050–00047–4) ...... 57.00 Jan. 1, 2003 index.html. For information about GPO Access call the GPO User Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 17 Parts: The annual rate for subscription to all revised paper volumes is 1–199 ...... (869–050–00049–1) ...... 50.00 Apr. 1, 2003 $1195.00 domestic, $298.75 additional for foreign mailing. 200–239 ...... (869–050–00050–4) ...... 58.00 Apr. 1, 2003 240–End ...... (869–050–00051–2) ...... 62.00 Apr. 1, 2003 Mail orders to the Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 18 Parts: accompanied by remittance (check, money order, GPO Deposit 1–399 ...... (869–050–00052–1) ...... 62.00 Apr. 1, 2003 Account, VISA, Master Card, or Discover). Charge orders may be 400–End ...... (869–050–00053–9) ...... 25.00 Apr. 1, 2003 telephoned to the GPO Order Desk, Monday through Friday, at (202) 19 Parts: 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–140 ...... (869–050–00054–7) ...... 60.00 Apr. 1, 2003 charge orders to (202) 512-2250. 141–199 ...... (869–050–00055–5) ...... 58.00 Apr. 1, 2003 Title Stock Number Price Revision Date 200–End ...... (869–050–00056–3) ...... 30.00 Apr. 1, 2003 1, 2 (2 Reserved) ...... (869–050–00001–6) ...... 9.00 4Jan. 1, 2003 20 Parts: 1–399 ...... (869–050–00057–1) ...... 50.00 Apr. 1, 2003 3 (2002 Compilation 400–499 ...... (869–050–00058–0) ...... 63.00 Apr. 1, 2003 and Parts 100 and 500–End ...... (869–050–00059–8) ...... 63.00 Apr. 1, 2003 101) ...... (869–050–00002–4) ...... 32.00 1 Jan. 1, 2003 21 Parts: 4 ...... (869–050–00003–2) ...... 9.50 Jan. 1, 2003 1–99 ...... (869–050–00060–1) ...... 40.00 Apr. 1, 2003 5 Parts: 100–169 ...... (869–050–00061–0) ...... 47.00 Apr. 1, 2003 1–699 ...... (869–050–00004–1) ...... 57.00 Jan. 1, 2003 170–199 ...... (869–050–00062–8) ...... 50.00 Apr. 1, 2003 700–1199 ...... (869–050–00005–9) ...... 46.00 Jan. 1, 2003 200–299 ...... (869–050–00063–6) ...... 17.00 Apr. 1, 2003 1200–End, 6 (6 300–499 ...... (869–050–00064–4) ...... 29.00 Apr. 1, 2003 Reserved) ...... (869–050–00006–7) ...... 58.00 Jan. 1, 2003 500–599 ...... (869–050–00065–2) ...... 47.00 Apr. 1, 2003 7 Parts: 600–799 ...... (869–050–00066–1) ...... 15.00 Apr. 1, 2003 1–26 ...... (869–050–00007–5) ...... 40.00 Jan. 1, 2003 800–1299 ...... (869–050–00067–9) ...... 58.00 Apr. 1, 2003 27–52 ...... (869–050–00008–3) ...... 47.00 Jan. 1, 2003 1300–End ...... (869–050–00068–7) ...... 22.00 Apr. 1, 2003 53–209 ...... (869–050–00009–1) ...... 36.00 Jan. 1, 2003 22 Parts: 210–299 ...... (869–050–00010–5) ...... 59.00 Jan. 1, 2003 1–299 ...... (869–050–00069–5) ...... 62.00 Apr. 1, 2003 300–399 ...... (869–050–00011–3) ...... 43.00 Jan. 1, 2003 300–End ...... (869–050–00070–9) ...... 44.00 Apr. 1, 2003 400–699 ...... (869–050–00012–1) ...... 39.00 Jan. 1, 2003 700–899 ...... (869–050–00013–0) ...... 42.00 Jan. 1, 2003 23 ...... (869–050–00071–7) ...... 44.00 Apr. 1, 2003 900–999 ...... (869–050–00014–8) ...... 57.00 Jan. 1, 2003 24 Parts: 1000–1199 ...... (869–050–00015–6) ...... 23.00 Jan. 1, 2003 0–199 ...... (869–050–00072–5) ...... 58.00 Apr. 1, 2003 1200–1599 ...... (869–050–00016–4) ...... 58.00 Jan. 1, 2003 200–499 ...... (869–050–00073–3) ...... 50.00 Apr. 1, 2003 1600–1899 ...... (869–050–00017–2) ...... 61.00 Jan. 1, 2003 500–699 ...... (869–050–00074–1) ...... 30.00 Apr. 1, 2003 4 1900–1939 ...... (869–050–00018–1) ...... 29.00 Jan. 1, 2003 700–1699 ...... (869–050–00075–0) ...... 61.00 Apr. 1, 2003 1940–1949 ...... (869–050–00019–9) ...... 47.00 Jan. 1, 2003 1700–End ...... (869–050–00076–8) ...... 30.00 Apr. 1, 2003 1950–1999 ...... (869–050–00020–2) ...... 45.00 Jan. 1, 2003 2000–End ...... (869–050–00021–1) ...... 46.00 Jan. 1, 2003 25 ...... (869–050–00077–6) ...... 63.00 Apr. 1, 2003 8 ...... (869–050–00022–9) ...... 58.00 Jan. 1, 2003 26 Parts: §§ 1.0–1–1.60 ...... (869–050–00078–4) ...... 49.00 Apr. 1, 2003 9 Parts: §§ 1.61–1.169 ...... (869–050–00079–2) ...... 63.00 Apr. 1, 2003 1–199 ...... (869–050–00023–7) ...... 58.00 Jan. 1, 2003 §§ 1.170–1.300 ...... (869–050–00080–6) ...... 57.00 Apr. 1, 2003 200–End ...... (869–050–00024–5) ...... 56.00 Jan. 1, 2003 §§ 1.301–1.400 ...... (869–050–00081–4) ...... 46.00 Apr. 1, 2003 10 Parts: §§ 1.401–1.440 ...... (869–050–00082–2) ...... 61.00 Apr. 1, 2003 1–50 ...... (869–050–00025–3) ...... 58.00 Jan. 1, 2003 §§ 1.441–1.500 ...... (869–050–00083–1) ...... 50.00 Apr. 1, 2003 51–199 ...... (869–050–00026–1) ...... 56.00 Jan. 1, 2003 §§ 1.501–1.640 ...... (869–050–00084–9) ...... 49.00 Apr. 1, 2003 200–499 ...... (869–050–00027–0) ...... 44.00 Jan. 1, 2003 §§ 1.641–1.850 ...... (869–050–00085–7) ...... 60.00 Apr. 1, 2003 500–End ...... (869–050–00028–8) ...... 58.00 Jan. 1, 2003 §§ 1.851–1.907 ...... (869–050–00086–5) ...... 60.00 Apr. 1, 2003 11 ...... (869–050–00029–6) ...... 38.00 Feb. 3, 2003 §§ 1.908–1.1000 ...... (869–050–00087–3) ...... 60.00 Apr. 1, 2003 §§ 1.1001–1.1400 ...... (869–050–00088–1) ...... 61.00 Apr. 1, 2003 12 Parts: §§ 1.1401–1.1503–2A .... (869–050–00089–0) ...... 50.00 Apr. 1, 2003 1–199 ...... (869–050–00030–0) ...... 30.00 Jan. 1, 2003 §§ 1.1551–End ...... (869–050–00090–3) ...... 50.00 Apr. 1, 2003 200–219 ...... (869–050–00031–8) ...... 38.00 Jan. 1, 2003 2–29 ...... (869–050–00091–1) ...... 60.00 Apr. 1, 2003 220–299 ...... (869–050–00032–6) ...... 58.00 Jan. 1, 2003 30–39 ...... (869–050–00092–0) ...... 41.00 Apr. 1, 2003 300–499 ...... (869–050–00033–4) ...... 43.00 Jan. 1, 2003 40–49 ...... (869–050–00093–8) ...... 26.00 Apr. 1, 2003 500–599 ...... (869–050–00034–2) ...... 38.00 Jan. 1, 2003 50–299 ...... (869–050–00094–6) ...... 41.00 Apr. 1, 2003 600–899 ...... (869–050–00035–1) ...... 54.00 Jan. 1, 2003 300–499 ...... (869–050–00095–4) ...... 61.00 Apr. 1, 2003 ...... 900–End (869–050–00036–9) 47.00 Jan. 1, 2003 500–599 ...... (869–050–00096–2) ...... 12.00 5Apr. 1, 2003 13 ...... (869–050–00037–7) ...... 47.00 Jan. 1, 2003 600–End ...... (869–050–00097–1) ...... 17.00 Apr. 1, 2003

VerDate jul 14 2003 21:55 Dec 19, 2003 Jkt 203001 PO 00000 Frm 00001 Fmt 4721 Sfmt 4721 E:\FR\FM\22DECL.LOC 22DECL viii Federal Register / Vol. 68, No. 245 / Monday, December 22, 2003 / Reader Aids

Title Stock Number Price Revision Date Title Stock Number Price Revision Date 27 Parts: 86 (86.1–86.599–99) ...... (869–050–00151–9) ...... 57.00 July 1, 2003 1–199 ...... (869–050–00098–9) ...... 63.00 Apr. 1, 2003 86 (86.600–1–End) ...... (869–050–00152–7) ...... 50.00 July 1, 2003 200–End ...... (869–050–00099–7) ...... 25.00 Apr. 1, 2003 87–99 ...... (869–050–00153–5) ...... 60.00 July 1, 2003 ...... 28 Parts: ...... 100–135 (869–050–00154–3) 43.00 July 1, 2003 136–149 ...... 0–42 ...... (869–050–00100–4) ...... 61.00 July 1, 2003 (869–150–00155–1) 61.00 July 1, 2003 150–189 ...... 43–End ...... (869–050–00101–2) ...... 58.00 July 1, 2003 (869–050–00156–0) 49.00 July 1, 2003 190–259 ...... (869–050–00157–8) ...... 39.00 July 1, 2003 29 Parts: 260–265 ...... (869–050–00158–6) ...... 50.00 July 1, 2003 0–99 ...... (869–050–00102–1) ...... 50.00 July 1, 2003 266–299 ...... (869–048–00156–5) ...... 47.00 July 1, 2002 100–499 ...... (869–050–00103–9) ...... 22.00 July 1, 2003 300–399 ...... (869–050–00160–8) ...... 42.00 July 1, 2003 500–899 ...... (869–050–00104–7) ...... 61.00 July 1, 2003 400–424 ...... (869–050–00161–6) ...... 56.00 July 1, 2003 900–1899 ...... (869–050–00105–5) ...... 35.00 July 1, 2003 425–699 ...... (869–050–00162–4) ...... 61.00 July 1, 2003 1900–1910 (§§ 1900 to 700–789 ...... (869–050–00163–2) ...... 61.00 July 1, 2003 1910.999) ...... (869–050–00106–3) ...... 61.00 July 1, 2003 790–End ...... (869–050–00164–1) ...... 58.00 July 1, 2003 1910 (§§ 1910.1000 to 41 Chapters: end) ...... (869–050–00107–1) ...... 46.00 July 1, 2003 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 1911–1925 ...... (869–050–00108–0) ...... 30.00 July 1, 2003 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1926 ...... (869–050–00109–8) ...... 50.00 July 1, 2003 3–6 ...... 14.00 3 July 1, 1984 1927–End ...... (869–050–00110–1) ...... 62.00 July 1, 2003 7 ...... 6.00 3 July 1, 1984 30 Parts: 8 ...... 4.50 3 July 1, 1984 1–199 ...... (869–050–00111–0) ...... 57.00 July 1, 2003 9 ...... 13.00 3 July 1, 1984 200–699 ...... (869–050–00112–8) ...... 50.00 July 1, 2003 10–17 ...... 9.50 3 July 1, 1984 700–End ...... (869–050–00113–6) ...... 57.00 July 1, 2003 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 31 Parts: 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 0–199 ...... (869–050–00114–4) ...... 40.00 July 1, 2003 19–100 ...... 13.00 3 July 1, 1984 200–End ...... (869–050–00115–2) ...... 64.00 July 1, 2003 1–100 ...... (869–048–00162–0) ...... 23.00 July 1, 2002 32 Parts: 101 ...... (869–050–00166–7) ...... 24.00 July 1, 2003 1–39, Vol. I ...... 15.00 2 July 1, 1984 102–200 ...... (869–050–00167–5) ...... 50.00 July 1, 2003 1–39, Vol. II ...... 19.00 2 July 1, 1984 201–End ...... (869–050–00168–3) ...... 22.00 July 1, 2003 1–39, Vol. III ...... 18.00 2 July 1, 1984 42 Parts: 1–190 ...... (869–050–00116–1) ...... 60.00 July 1, 2003 1–399 ...... (869–048–00166–2) ...... 56.00 Oct. 1, 2002 191–399 ...... (869–050–00117–9) ...... 63.00 July 1, 2003 400–429 ...... (869–048–00167–1) ...... 59.00 Oct. 1, 2002 400–629 ...... (869–050–00118–7) ...... 50.00 July 1, 2003 430–End ...... (869–050–00171–3) ...... 64.00 Oct. 1, 2003 630–699 ...... (869–050–00119–5) ...... 37.00 7July 1, 2003 700–799 ...... (869–050–00120–9) ...... 46.00 July 1, 2003 43 Parts: 800–End ...... (869–050–00121–7) ...... 47.00 July 1, 2003 1–999 ...... (869–050–00172–1) ...... 55.00 Oct. 1, 2003 1000–end ...... (869–048–00170–1) ...... 59.00 Oct. 1, 2002 33 Parts: 1–124 ...... (869–050–00122–5) ...... 55.00 July 1, 2003 44 ...... (869–050–00174–8) ...... 50.00 Oct. 1, 2003 125–199 ...... (869–050–00123–3) ...... 61.00 July 1, 2003 45 Parts: 200–End ...... (869–050–00124–1) ...... 50.00 July 1, 2003 1–199 ...... (869–050–00175–6) ...... 60.00 Oct. 1, 2003 34 Parts: 200–499 ...... (869–050–00176–4) ...... 33.00 9Oct. 1, 2003 1–299 ...... (869–050–00125–0) ...... 49.00 July 1, 2003 *500–1199 ...... (869–050–00177–2) ...... 50.00 Oct. 1, 2003 300–399 ...... (869–050–00126–8) ...... 43.00 7July 1, 2003 1200–End ...... (869–050–00178–1) ...... 60.00 Oct. 1, 2003 400–End ...... (869–050–00127–6) ...... 61.00 July 1, 2003 46 Parts: 35 ...... (869–050–00128–4) ...... 10.00 6July 1, 2003 1–40 ...... (869–050–00179–9) ...... 46.00 Oct. 1, 2003 41–69 ...... (869–048–00177–8) ...... 37.00 Oct. 1, 2002 36 Parts 70–89 ...... (869–050–00181–1) ...... 14.00 Oct. 1, 2003 ...... 1–199 (869–050–00129–2) 37.00 July 1, 2003 90–139 ...... (869–050–00182–9) ...... 44.00 Oct. 1, 2003 ...... 200–299 (869–050–00130–6) 37.00 July 1, 2003 140–155 ...... (869–050–00183–7) ...... 25.00 9Oct. 1, 2003 ...... 300–End (869–050–00131–4) 61.00 July 1, 2003 156–165 ...... (869–050–00184–5) ...... 34.00 9Oct. 1, 2003 37 ...... (869–050–00132–2) ...... 50.00 July 1, 2003 166–199 ...... (869–048–00182–4) ...... 44.00 Oct. 1, 2002 ...... 38 Parts: *200–499 (869–050–00186–1) 39.00 Oct. 1, 2003 500–End ...... (869–050–00187–0) ...... 25.00 Oct. 1, 2003 0–17 ...... (869–050–00133–1) ...... 58.00 July 1, 2003 18–End ...... (869–050–00134–9) ...... 62.00 July 1, 2003 47 Parts: 0–19 ...... (869–048–00185–9) ...... 57.00 Oct. 1, 2002 39 ...... (869–050–00135–7) ...... 41.00 July 1, 2003 20–39 ...... (869–048–00186–7) ...... 45.00 Oct. 1, 2002 40 Parts: 40–69 ...... (869–048–00187–5) ...... 36.00 Oct. 1, 2002 1–49 ...... (869–050–00136–5) ...... 60.00 July 1, 2003 70–79 ...... (869–048–00188–3) ...... 58.00 Oct. 1, 2002 50–51 ...... (869–050–00137–3) ...... 44.00 July 1, 2003 80–End ...... (869–048–00189–1) ...... 57.00 Oct. 1, 2002 52 (52.01–52.1018) ...... (869–050–00138–1) ...... 58.00 July 1, 2003 48 Chapters: 52 (52.1019–End) ...... (869–050–00139–0) ...... 61.00 July 1, 2003 1 (Parts 1–51) ...... (869–050–00193–4) ...... 63.00 Oct. 1, 2003 53–59 ...... (869–050–00140–3) ...... 31.00 July 1, 2003 1 (Parts 52–99) ...... (869–048–00191–3) ...... 47.00 Oct. 1, 2002 60 (60.1–End) ...... (869–050–00141–1) ...... 58.00 July 1, 2003 2 (Parts 201–299) ...... (869–048–00192–1) ...... 53.00 Oct. 1, 2002 60 (Apps) ...... (869–050–00142–0) ...... 51.00 8July 1, 2003 3–6 ...... (869–050–00196–9) ...... 33.00 Oct. 1, 2003 61–62 ...... (869–050–00143–8) ...... 43.00 July 1, 2003 7–14 ...... (869–048–00194–8) ...... 47.00 Oct. 1, 2002 63 (63.1–63.599) ...... (869–050–00144–6) ...... 58.00 July 1, 2003 15–28 ...... (869–048–00195–6) ...... 55.00 Oct. 1, 2002 63 (63.600–63.1199) ...... (869–050–00145–4) ...... 50.00 July 1, 2003 29–End ...... (869–050–00199–3) ...... 38.00 9Oct. 1, 2003 63 (63.1200–63.1439) .... (869–050–00146–2) ...... 50.00 July 1, 2003 63 (63.1440–End) ...... (869–050–00147–1) ...... 64.00 July 1, 2003 49 Parts: 64–71 ...... (869–050–00148–9) ...... 29.00 July 1, 2003 1–99 ...... (869–048–00197–2) ...... 56.00 Oct. 1, 2002 72–80 ...... (869–050–00149–7) ...... 61.00 July 1, 2003 100–185 ...... (869–048–00198–1) ...... 60.00 Oct. 1, 2002 81–85 ...... (869–050–00150–1) ...... 50.00 July 1, 2003 186–199 ...... (869–050–00202–7) ...... 20.00 Oct. 1, 2003

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Title Stock Number Price Revision Date 200–399 ...... (869–048–00200–6) ...... 61.00 Oct. 1, 2002 400–999 ...... (869–048–00201–4) ...... 61.00 Oct. 1, 2002 600–999 ...... (869–050–00205–1) ...... 22.00 Oct. 1, 2003 1000–1199 ...... (869–048–00202–2) ...... 25.00 Oct. 1, 2002 1200–End ...... (869–048–00207–8) ...... 33.00 Oct. 1, 2003 50 Parts: 1–16 ...... (869–050–00208–6) ...... 11.00 Oct. 1, 2003 18–199 ...... (869–050–00212–4) ...... 42.00 Oct. 1, 2003 200–599 ...... (869–048–00206–5) ...... 38.00 Oct. 1, 2002 600–End ...... (869–048–00207–3) ...... 58.00 Oct. 1, 2002 CFR Index and Findings Aids ...... (869–050–00048–2) ...... 59.00 Jan. 1, 2003 Complete 2003 CFR set ...... 1,195.00 2003 Microfiche CFR Edition: Subscription (mailed as issued) ...... 298.00 2003 Individual copies ...... 2.00 2003 Complete set (one-time mailing) ...... 298.00 2002 Complete set (one-time mailing) ...... 290.00 2001 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2002, through January 1, 2003. The CFR volume issued as of January 1, 2002 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2003. The CFR volume issued as of April 1, 2000 should be retained. 6 No amendments to this volume were promulgated during the period July 1, 2000, through July 1, 2003. The CFR volume issued as of July 1, 2000 should be retained. 7 No amendments to this volume were promulgated during the period July 1, 2002, through July 1, 2003. The CFR volume issued as of July 1, 2002 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2001, through July 1, 2003. The CFR volume issued as of July 1, 2001 should be retained. 9 No amendments to this volume were promulgated during the period October 1, 2001, through October 1, 2003. The CFR volume issued as of October 1, 2001 should be retained.

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