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Pages 63917–64244

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i II Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004

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Contents Federal Register Vol. 69, No. 212

Wednesday, November 3, 2004

Agricultural Marketing Service Coast Guard PROPOSED RULES PROPOSED RULES Sweet cherries grown in— Pollution: Washington, 63958–63960 Marine liquefied natural gas spills; thermal and vapor dispersion exclusion zones; rulemaking petition, Agriculture Department 63979 See Agricultural Marketing Service See Food and Nutrition Service Commerce Department See Forest Service See Census Bureau See Foreign-Trade Zones Board Antitrust Division See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration National cooperative research notifications: See Patent and Trademark Office 3-A Sanitary Standards, Inc., 64102 NOTICES Air Conditioning Contractors of America Educational Agency information collection activities; proposals, Institute, Inc., 64102–64103 submissions, and approvals, 64023–64025 American Gas Association, 64103 American Welding Society, Inc., 64103 Commission of Fine Arts Automotive Glass Replacement Safety Standards Council, NOTICES 64103 Meetings, 64034 Blu-Ray Disc Association, 64103–64104 Cold Formed Parts and Machine Institute, 64104 Committee for the Implementation of Textile Agreements Compressed Gas Association, Inc., 64104 NOTICES Consumer Electronics Association, 64104 Textile and apparel categories: DSL Forum, 64104–64105 Chinese imports— EOS/ESD Association, Inc., 64105 Cotton trousers; safeguard action request, 64034–64035 Health Level Seven, Inc., 64105 Institute of Electrical and Electronics Engineers, 64105 Consumer Product Safety Commission International Electrical Testing Association, 64106 NOTICES Kitchen Cabinet Manufacturers Association, 64106 Settlement agreements: Mobile Imaging and Printing Consortium, Inc., 64106 Dynacraft BSC, Inc., 64035–64039 Multiservice Switching Forum, 64106–64107 National Multi Housing Council, 64107 Customs and Border Protection Bureau North American Energy Standards Board, 64107 Packaging Machinery Manufacturers Institute, Inc., 64107 NOTICES Security Industry Association, 64107–64108 Senior Executive Service: Storage Networking Industry Association, 64108 Performance Review Board; membership, 64084 World Airline Entertainment Association, 64108 Defense Department Census Bureau NOTICES NOTICES Meetings: Surveys, determinations, etc.: Electron Devices Advisory Group, 64039 Retail trade survey; annual, 64025 Science Board task forces; canceled, 64039 Senior Executive Service: Centers for Disease Control and Prevention Performance Review Board; membership, 64039–64040 NOTICES Grants and cooperative agreements; availability, etc.: Drug Enforcement Administration National Center for Chronic Disease Prevention and NOTICES Health Promotion Conference Support Program, Agency information collection activities; proposals, 64057–64062 submissions, and approvals, 64108–64110 People with disabilities; preventing secondary conditions and promoting health; State implementation projects, Education Department 64062–64067 NOTICES Meetings: Grants and cooperative agreements; availability, etc.: Injury Prevention and Control Advisory Committee, Special education and rehabilitative services— 64067 Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf- Children and Families Administration Blind Program, 64239–64243 NOTICES Grants and cooperative agreements; availability, etc.: Energy Department Child Welfare Services State Grants Program, 64068 See Federal Energy Regulatory Commission

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Environmental Protection Agency Federal Maritime Commission RULES PROPOSED RULES Air programs: Ocean shipping in foreign commerce: Ambient air quality standards, national— Non-vessel-operating common carrier service Air quality designations and classifications; 8-hour arrangements, 63981–63997 ozone; early action compact areas with deferred NOTICES effective dates; correction, 64133–64134 Ocean transportation intermediary licenses: Air quality implementation plans; approval and Starlink Consolidation Service, Inc., et al., 64056 promulgation; various States: Iowa, 63947–63950 Federal Motor Carrier Safety Administration Pesticides; tolerances in food, animal feeds, and raw PROPOSED RULES agricultural commodities: Motor carrier safety standards: QST 2808, bacillus pumilus strain, 63950–63954 Drivers’ hours of service and records of duty status; Thifensulfuron-methyl, 63954–63957 supporting documents requirements, 63997–64015 PROPOSED RULES Air quality implementation plans; approval and Federal Reserve System promulgation; various States: NOTICES Iowa, 63981 Banks and bank holding companies: NOTICES Change in bank control, 64056 Agency information collection activities; proposals, Formations, acquisitions, and mergers, 64056–64057 submissions, and approvals, 64047–64052 Pesticide programs: Federal Trade Commission Risk assessments— RULES Nitrapyrin, 64052–64054 Fair and Accurate Credit Transactions Act; implementation: Pesticide registration, cancellation, etc.: Identity theft provisions, 63922–63934 BASF Corp., 64054–64056 Federal Transit Administration NOTICES Executive Office of the President Agency information collection activities; proposals, See Presidential Documents submissions, and approvals, 64127

Fine Arts Commission Federal Aviation Administration See Commission of Fine Arts PROPOSED RULES Airworthiness directives: Fish and Wildlife Service Airbus, 63960–63962 NOTICES Boeing, 63963–63968 Meetings: Bombardier, 63968–63970 Hanford Reach National Monument Federal Planning Empresa Brasileira de Aeronautica S.A. (EMBRAER); Advisory Committee, 64094 withdrawn, 63962–63963 Class E airspace, 63970–63979 Food and Drug Administration NOTICES NOTICES Aeronautical land-use assurance; waivers: Agency information collection activities; proposals, Rusk County Airport, TX, 64126 submissions, and approvals, 64068–64074 Meetings: RTCA, Inc., 64126–64127 Food and Nutrition Service NOTICES Federal Election Commission Agency information collection activities; proposals, RULES submissions, and approvals, 64016 Bipartisan Campaign Reform Act; implementation: Coordinated and independent expenditures by party Foreign-Trade Zones Board committees, 63919–63921 NOTICES Applications, hearings, determinations, etc.: Florida Federal Energy Regulatory Commission S. B. Marketing Worldwide, Inc.; apparel printing, NOTICES 64025–64026 Alaska Natural Gas Pipeline Act: Texas Alaska natural gas transportation projects; regulations ExxonMobil Corp.; oil refinery complex, 64026 governing conduct of open seasons; rulemaking schedule, 64040 Forest Service Electric rate and corporate regulation filings, 64040–64044 NOTICES Environmental statements; notice of intent: Appealable decisions; legal notice; Colorado Interstate Natural Gas Co., 64044–64046 Southern Region, 64016–64018 Meetings: Environmental statements; notice of intent: Golden Pass and Vista del Sol LNG Terminals, L.P.; Bitterroot National Forest, MT, 64019–64020 technical conference, 64046–64047 Coconino National Forest, AZ, 64020–64022 Applications, hearings, determinations, etc.: Wasatch-Cache National Forest, UT and WY, 64022– Eastern American Energy Corp., 64040 64023

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Meetings: Labor Department Resource Advisory Committees— See Labor-Management Standards Office Crook County, 64023 See Mine Safety and Health Administration

General Services Administration Labor-Management Standards Office NOTICES PROPOSED RULES Acquisition regulations: Standards of conduct: Solicitation mailing list application (SF 129); form Federal sector labor organizations, 64225–64231 revised, 64057 NOTICES Union organization and voting rights; labor organization Health and Human Services Department characterization as local, intermediate, or national or See Centers for Disease Control and Prevention international; criteria, 64233–64238 See Children and Families Administration See Food and Drug Administration Land Management Bureau See National Institutes of Health NOTICES See Public Health Service Recreation management restrictions, etc.: See Substance Abuse and Mental Health Services Crystal Cave, UT; seasonal closure and permit system, Administration 64095–64096

Homeland Security Department Mine Safety and Health Administration See Coast Guard NOTICES Safety standard petitions: See Customs and Border Protection Bureau Apple Jacks Coal Co., Inc., et al., 64110 See National Communications System See U.S. Citizenship and Immigration Services National Aeronautics and Space Administration NOTICES Housing and Urban Development Department Agency information collection activities; proposals, NOTICES submissions, and approvals, 64110–64111 Agency information collection activities; proposals, Committees; establishment, renewal, termination, etc.: submissions, and approvals, 64091–64094 Exploration Systems Advisory Committee, 64111 Grants and cooperative agreements; availability, etc.: HOPE VI Revitalization of Severely Distressed Public National Archives and Records Administration Housing Program, 64135–64224 PROPOSED RULES Records management: Indian Affairs Bureau Electronic mail and records; management and NOTICES disposition, 63980–63981 Agency information collection activities; proposals, NOTICES submissions, and approvals, 64094–64095 Agency information collection activities; proposals, submissions, and approvals, 64111–64112 Interior Department Agency records schedules; availability, 64112–64113 See Fish and Wildlife Service See Indian Affairs Bureau National Communications System See Land Management Bureau NOTICES See Reclamation Bureau Meetings: Telecommunications Service Priority System Oversight International Trade Administration Committee, 64091 NOTICES Antidumping: National Highway Traffic Safety Administration Bottle-grade polyethylene terephthalate resin from— RULES Indonesia, 64026–64027 Motor vehicle theft prevention standard: Circular welded carbon quality line pipe from— Passenger motor vehicle theft data (2002 CY) Korea, 64027–64028 Correction, 63957 Freshwater crawfish tail meat from— Organization and delegation of powers and duties: China, 64028–64029 Succession to administrator, 63957 Honey from— NOTICES China, 64029–64030 Motor vehicle safety standards: Purified Carboxymethylcellulose from— Exemption petitions, etc.— Various countries, 64030–64031 US SPECS, 64127–64129 Wallace Environmental Testing Laboratories, Inc., International Trade Commission 64129–64130 NOTICES Import investigations: National Institutes of Health North American Free Trade Agreement (NAFTA)— NOTICES Sanitary articles of tri-lobal rayon staple fibers; effect of Meetings: rules of origin modification, 64101–64102 Improving end-of-life care; state-of-the-science conference, 64074–64075 Justice Department National Heart, Lung, and Blood Institute, 64075 See Antitrust Division National Institute of Diabetes and Digestive and Kidney See Drug Enforcement Administration Diseases, 64075–64076

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Scientific Review Center, 64076–64081 Securities and Exchange Commission Organization, functions, and authority delegations: NOTICES Ethics Office, 64081 Agency information collection activities; proposals, submissions, and approvals, 64116–64117 National Oceanic and Atmospheric Administration Investment Company Act of 1940: NOTICES Asset Alliance Advisors, Inc., et al., 64117–64118 Grants and cooperative agreements; availability, etc.: Pacific Life Insurance Co., et al., 64119–64123 Ballast Water Technology Demonstration Program and Self-regulatory organizations; proposed rule changes: National Strategic Initiative in Aquatic Invasive National Association of Securities Dealers, Inc.; Species Research and Outreach, 64031 correction, Z4-02709 Gulf of Mexico Oyster Industry Program, 64032 Oyster Disease Research Program, 64032 National Securities Clearing Corp., 64123–64124 Meetings: National Sea Grant Review Panel, 64032–64033 Small Business Administration RULES National Science Foundation Standards of conduct and employee restrictions and NOTICES responsibilities, 63921–63922 Agency information collection activities; proposals, NOTICES submissions, and approvals, 64113 Disaster loan areas: Nuclear Regulatory Commission West Virginia, 64124 NOTICES Meetings: Regulatory guides; issuance, availability, and withdrawal, Regulatory Fairness Boards— 64115–64116 Region VII; Public Roundtable, 64124 Applications, hearings, determinations, etc.: Small business size standards: STP Nuclear Operating Co., 64113–64115 Nonmanufacturer rule; waivers— Power-driven handtool manufacturing, 64124–64125 Patent and Trademark Office NOTICES Agency information collection activities; proposals, State Department submissions, and approvals, 64033 RULES Senior Executive Service: Information and records; availability to public, 63934– Performance Review Board; membership, 64033–64034 63946 NOTICES Postal Service Agency information collection activities; proposals, RULES submissions, and approvals, 64125 International Mail Manual: Meetings: International Priority Mail and International Surface Air International Law Advisory Committee, 64125–64126 Lift mailers; discontinuance of volume discount rates, 63946–63947 Substance Abuse and Mental Health Services Presidential Documents Administration ADMINISTRATIVE ORDERS NOTICES Albania; obligation of Cooperative Threat Reduction funds Agency information collection activities; proposals, (Presidential Determination No. 2005-05 of October 20, submissions, and approvals, 64083–64084 2004), 63917 Public Health Service Surface Transportation Board NOTICES NOTICES Meetings: Railroad services abandonment: National Toxicology Program— Red River Valley & Western Railroad Co., 64131–64132 In vitro testing methods for identifying potential ocular irritants; current validation status assessment, 64081–64082 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Reclamation Bureau Agreements NOTICES Meetings: Colorado River reservoirs; long-range operating criteria; Transportation Department review, 64096–64101 See Federal Aviation Administration See Federal Motor Carrier Safety Administration Research and Special Programs Administration See Federal Transit Administration NOTICES See National Highway Traffic Safety Administration Hazardous materials: See Research and Special Programs Administration Applications; exemptions, renewals, etc., 64130–64131 See Surface Transportation Board

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U.S. Citizenship and Immigration Services Part IV NOTICES Labor Department, Labor-Management Standards Office, Temporary protected status program designations; 64233–64238 terminations, extensions, etc.: Honduras, 64084–64088 Part V Nicaragua, 64088–64091 Education Department, 64239–64243

Reader Aids Separate Parts In This Issue Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, Part II and notice of recently enacted public laws. Housing and Urban Development Department, 64135–64224 To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Part III listserv.access.gpo.gov and select Online mailing list Labor Department, Labor-Management Standards Office, archives, FEDREGTOC-L, Join or leave the list (or change 64225–64231 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.

3 CFR Administrative Orders: Presidential Determinations: No. 2005-05 of October 20, 2004 ...... 63917 7 CFR Proposed Rules: 923...... 63958 11 CFR 102...... 63919 106...... 63919 109...... 63919 13 CFR 105...... 63921 14 CFR Proposed Rules: 39 (5 documents) ...... 63960, 63062, 63963, 63965, 63968 71 (7 documents) ...... 63970, 63972, 63973, 63974, 63975, 63976, 63978 16 CFR 603...... 63922 613...... 63922 614...... 63922 22 CFR 171...... 63934 29 CFR Proposed Rules: 458...... 64226 33 CFR Proposed Rules: Ch. I ...... 63979 36 CFR Proposed Rules: 1234...... 63980 39 CFR 20...... 63946 40 CFR 52...... 63947 81...... 64133 180 (2 documents) ...... 63950, 63954 Proposed Rules: 52...... 63981 46 CFR Proposed Rules: 531...... 63981 49 CFR 501...... 63957 541...... 63957 Proposed Rules: 379...... 63997 381...... 63997 385...... 63997 390...... 63997 395...... 63997

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Federal Register Presidential Documents Vol. 69, No. 212

Wednesday, November 3, 2004

Title 3— Presidential Determination No. 2005–05 of October 20, 2004

The President Presidential Determination Relating to Obligation of Coopera- tive Threat Reduction Funds in Albania under Section 1308 of the National Defense Authorization Act for Fiscal Year 2004

Memorandum for the Secretary of State

Pursuant to section 1308(e) of the National Defense Authorization Act for Fiscal Year 2004 (Title XIII of Public Law 108–136) and the authority vested in me by section 1203(d) of the Cooperative Threat Reduction Act of 1993 (Title XII of Public Law 103–160), as amended (CTR Act), I hereby certify that Albania is committed to the courses of action enumerated in section 1203(d) of the CTR Act. I have also enclosed the justification for this certification. You are authorized and directed to transmit this certification and justification to the Congress and to arrange for the publication of this memorandum in the Federal Register. W THE WHITE HOUSE, Washington, October 20, 2004.

[FR Doc. 04–24672 Filed 11–02–04; 8:45 am] Billing code 4710–10–P

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Rules and Regulations Federal Register Vol. 69, No. 212

Wednesday, November 3, 2004

This section of the FEDERAL REGISTER are based, was published in the Federal V. 11 CFR 109.35—What Are the contains regulatory documents having general Register on June 30, 2004. 69 FR 39,373 Restrictions on a Political Party applicability and legal effect, most of which (June 30, 2004). The comment period Committee Making Both Independent are keyed to and codified in the Code of closed on July 30, 2004. The Expenditures and Coordinated Party Federal Regulations, which is published under Commission received three written Expenditures in Connection With the 50 titles pursuant to 44 U.S.C. 1510. comments on the proposed rules. These General Election of a Candidate? The Code of Federal Regulations is sold by Final Rules are identical to the rules Under the Federal Election Campaign the Superintendent of Documents. Prices of proposed in the NPRM. Act of 1971 (the ‘‘Act’’), as amended, 2 new books are listed in the first FEDERAL Under the Administrative Procedures U.S.C. 431 et seq., a national committee, REGISTER issue of each week. Act, 5 U.S.C. 553(d), and the State committee, or a subordinate Congressional Review of Agency committee of a State committee of a Rulemaking Act, 5 U.S.C. 801(a)(1), political party may make expenditures FEDERAL ELECTION COMMISSION agencies must submit final rules to the in coordination with a Federal Speaker of the House of Representatives 11 CFR Parts 102, 106, and 109 candidate for that candidate’s general and the President of the Senate, and election campaign 1 up to prescribed [Notice 2004–14] publish them in the Federal Register at limits without these expenditures least 30 calendar days before they take counting against the party committee’s Coordinated and Independent effect. The final rules that follow were contribution limits. 2 U.S.C. 441a(d)(1)– Expenditures by Party Committees transmitted to Congress on October 28, (3); 11 CFR 109.32. While the Act limits 2004. AGENCY: Federal Election Commission. coordinated expenditures, the Supreme Court has determined that political ACTION: Final rules. Explanation and Justification party committees may make unlimited To conform its regulations to the ‘‘independent expenditures,’’ 2 which SUMMARY: The Federal Election Supreme Court’s invalidation of section Commission is removing its rules are not coordinated with a candidate or 213 of the Bipartisan Campaign Reform a candidate’s authorized committees or restricting the ability of political party Act of 2002 (Pub. L. 107–155 (Mar. 27, committees to make both independent agents. See Colorado Republican 2002)) (‘‘BCRA’’) in McConnell v. FEC, Federal Campaign Committee v. FEC, expenditures and coordinated party 540 U.S. 93, 199–205 (2003), the expenditures with respect to the same 518 U.S. 604 (1996) (‘‘Colorado I’’).3 Commission is removing its regulations BCRA section 213 amended 2 U.S.C. candidate’s general election campaign at 11 CFR 109.35 and deleting any cross- for Federal office. The Commission is 441a(d), by prohibiting political party references to that section in other committees, under certain conditions, also repealing its rules prohibiting regulations. political party committees that make from making both coordinated party coordinated party expenditures with I. 11 CFR 102.6—Transfer of Funds; expenditures and independent respect to a candidate from transferring Collecting Agents expenditures with respect to the same candidate, and from making transfers funds to, or assigning authority to make The Commission is revising section coordinated party expenditures to, or 102.6 by deleting the cross-reference to 1 See 2 U.S.C. 441a(a)(7)(B)(i)–(ii) for a definition receiving a transfer of funds from, a section 109.35, which is being removed. of coordinated party expenditures. See also 11 CFR political party committee that has made II. 11 CFR 106.8—Allocation of 109.20(b). or intends to make an independent 2 ‘‘Independent expenditure’’ is defined in 2 expenditure with respect to that Expenses for Political Party Committee U.S.C. 431(17) See also 11 CFR 100.16. candidate. These rules were originally Phone Banks That Refer to Clearly 3 The holding of Colorado I is limited to Identified Federal Candidate independent expenditures in connection with promulgated to implement section 213 Congressional campaigns. The opinion in Colorado of the Bipartisan Campaign Reform Act The Commission is revising section I did not address the issue of whether regulation of of 2002. However, in McConnell v. FEC, 106.8 by deleting the cross-reference to independent expenditures is constitutionally the U.S. Supreme Court held that section 109.35, which is being removed. permissible in connection with Presidential section 213 is unconstitutional. campaigns. (‘‘Since this case involves only the III. 11 CFR 109.30—How Are Political provision concerning congressional races we do not Therefore, the Commission is now Party Committees Treated for Purposes address issues that might grow out of the public removing the rules implementing funding of presidential campaigns.’’) 518 U.S. at of Coordinated and Independent section 213. Further information is 612. Thus, the opinion in Colorado I did not reach Expenditures? provided in the SUPPLEMENTARY the issue of whether former 11 CFR 110.7(a)(5) The Commission is revising section which prohibited independent expenditures by the INFORMATION that follows. national committee of a political party in 109.30 by deleting the cross-references DATES: Effective Date: December 3, 2004. connection with a Presidential campaign was to section 109.35, which is being constitutional. Subsequently, however, BCRA FOR FURTHER INFORMATION CONTACT: Mr. removed. effectively repealed section 110.7(a)(5) and the Brad C. Deutsch, Assistant General Commission replaced the section with 11 CFR Counsel, or Mr. Ron B. Katwan, IV. 11 CFR 109.33—May a Political 109.36, which prohibits a national committee of a Party Committee Assign Its Coordinated political party from making independent Attorney, 999 E Street NW., expenditures in connection with a presidential Washington, DC 20463, (202) 694–1650 Party Expenditure Authority to Another campaign only in certain circumstances in which or (800) 424–9530. Political Party Committee? the national committee of a political party serves as SUPPLEMENTARY INFORMATION: the principal campaign committee or authorized The The Commission is revising section committee of its Presidential candidate. See Notice of Proposed Rulemaking 109.33 by deleting the cross-reference to Coordinated and Independent Expenditures; Final (‘‘NPRM’’), on which these final rules section 109.35, which is being removed. Rules, 68 FR 421, 447–48 (January 3, 2003).

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and assignments to other political party parties are not small entities under 5 Authority: 2 U.S.C. 438(a)(8), 441a(b), committees. 2 U.S.C. 441a(d)(4). U.S.C. 601 because they are not small 441a(g). In 2002, the Commission promulgated businesses, small organizations, or small I 4. Section 106.8 is amended by rules at 11 CFR 109.35 to implement governmental jurisdictions. revising paragraph (b)(2)(ii) to read as BCRA section 213. Coordinated and To the extent that political party follows: Independent Expenditures, Final Rules, committees may fall within the 68 FR 421, 422 (January 3, 2003). definition of ‘‘small entities,’’ their § 106.8 Allocation of expenses for political Subsequently, in McConnell v. FEC, number is not substantial. In addition, party committee phone banks that refer to the Supreme Court found BCRA section the rules do not add but remove a clearly identified Federal candidate. 213 unconstitutional. The Court held restrictions applicable to political party * * * * * that by requiring political parties to committees. (b) * * * choose between coordinated and (2) * * * independent expenditures during the List of Subjects (ii) A coordinated expenditure or an post-nomination, pre-election period, 11 CFR Part 102 independent expenditure, subject to the BCRA section 213 placed an limitations, restrictions, and unconstitutional burden on the parties’ Political committees and parties, requirements of 11 CFR 109.10, 109.32, right to make unlimited independent reporting and recordkeeping and 109.33; or requirements. expenditures. 540 U.S. at 199–205. * * * * * Accordingly, the NPRM proposed 11 CFR Part 106 removing the regulations at 11 CFR PART 109—COORDINATED AND 109.35, which implemented BCRA Political candidates, campaign funds, INDEPENDENT EXPENDITURES (2 section 213. political committees and parties. U.S.C. 431(17), 441a(a) AND (d), AND The Commission received three 11 CFR Part 109 PUB. L. 107–155 SEC. 214(c)) comments on this rulemaking. The Internal Revenue Service submitted a Coordinated expenditures, I 5. The authority citation for Part 109 comment informing the Commission independent expenditures, political continues to read as follows: committees and parties. that it had no comments. A second Authority: 2 U.S.C. 431(17), 434(c), comment, while urging the Commission I For the reasons set out in the preamble, 438(a)(8), 441a, 441d; Sec. 214(c) of Pub. L. to remove the regulations implementing the Federal Election Commission is 107–155, 116 Stat. 81. BCRA section 213 on the grounds that amending Subchapter A of Chapter I of I Title 11 of the Code of Federal 6. Section 109.30 is revised to read as it was unconstitutional, primarily follows: addressed issues beyond the scope of Regulations as follows: this rulemaking. A third brief comment § 109.30 How are political party concerned issues also not within the PART 102—REGISTRATION, committees treated for purposes of scope of this rulemaking. The ORGANIZATION, AND coordinated and independent Commission received no comments RECORDKEEPING BY POLITICAL expenditures? opposing the removal of its regulations COMMITTEES (2 U.S.C. 433) Political party committees may make at 11 CFR 109.35 as proposed in the I 1. The authority citation for part 102 independent expenditures subject to the NPRM. Accordingly, the Commission is continues to read as follows: provisions in this subpart. See 11 CFR removing and reserving section 109.35 109.36. Political party committees may because the statutory foundation for this Authority: 2 U.S.C. 432, 433, 434(a)(11), also make coordinated party 438(a)(8), 441d. section, 2 U.S.C. 441a(d)(4), has been expenditures in connection with the invalidated by the Supreme Court in I 2. Section 102.6 is amended by general election campaign of a McConnell v. FEC. revising paragraph (a)(1)(ii) to read as candidate, subject to the limits and follows: other provisions in this subpart. See 11 VI. 11 CFR 109.36—Are There CFR 109.32 through 11 CFR 109.34. Circumstances Under Which a Political § 102.6 Transfers of funds; collecting I 7. Section 109.33 is amended by Party Committee Is Prohibited From agents. revising paragraph (a) to read as follows: Making Independent Expenditures? (a) * * * The Commission is revising section (1) * * * § 109.33 May a political party committee 109.36 by deleting the word (ii) Subject to the restrictions set forth assign its coordinated party expenditure ‘‘additional’’ in the heading of section at 11 CFR 300.10(a), 300.31 and authority to another political party committee? 109.36, because, as a result of the 300.34(a) and (b), transfers of funds may removal of section 109.35, the be made without limit on amount (a) Assignment. The national circumstances described in section between or among a national party committee of a political party and a 109.36 are the only circumstances under committee, a State party committee and/ State committee of a political party, which a political party committee is or any subordinate party committee including any subordinate committee of prohibited from making independent whether or not they are political a State committee, may assign its expenditures. committees under 11 CFR 100.5 and authority to make coordinated party whether or not such committees are expenditures authorized by 11 CFR Certification of No Effect Pursuant to 5 affiliated. 109.32 to another political party U.S.C. 605(b) [Regulatory Flexibility committee. Such an assignment must be Act] * * * * * made in writing, must state the amount The attached rules will not have a PART 106—ALLOCATIONS OF of the authority assigned, and must be significant economic impact on a CANDIDATE AND COMMITTEE received by the assignee committee substantial number of small entities. ACTIVITIES before any coordinated party The basis of this certification is that the expenditure is made pursuant to the national, State, and local party I 3. The authority citation for part 106 assignment. committees of the two major political continues to read as follows: * * * * *

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I 8. Section 109.35 is removed and FOR FURTHER INFORMATION CONTACT: Conduct at 5 CFR XLIV. This direct final reserved. Susan L. Sundberg, Alternate rule deletes that reference because such Designated Agency Ethics Official, regulations do not exist. § 109.35 [Removed and reserved] Office of General Counsel, U.S. Small Section 105.402 identifies the I 9. Section 109.36 is amended by Business Administration, 409 3rd Street, Designated Agency Ethics Official as the revising the heading to read as follows: SW., Washington, DC 20416; (202) 619– official who serves as SBA’s Standards 0585; e-mail: [email protected]. of Conduct Counselor, delegates § 109.36 Are there circumstances under which a political party committee is SUPPLEMENTARY INFORMATION: SBA authority to that official to designate prohibited from making independent issued regulations governing employee Assistant Standards of Conduct expenditures? standards of conduct on January 26, Counselors, and describes their * * * * * 1996, at 61 FR 2399 based on its responsibilities under OGE and SBA independent authority under the Small regulations, including SBA’s Dated: October 28, 2004. Business Act, 15 U.S.C. 631 et seq., and supplemental regulations. Paragraph Bradley A. Smith, Executive Order 11222, May 8, 1965. (b)(4) of this section will be removed in Chairman, Federal Election Commission. According to 5 CFR 2635.105, an agency order to delete the provision directing [FR Doc. 04–24475 Filed 11–2–04; 8:45 am] may also issue regulations that standards of conduct counselors to rely BILLING CODE 6715–01–P supplement OGE’s regulations on on SBA’s Supplemental Standards of standards of conduct for Executive Ethical Conduct in making decisions on branch employees, which the agency outside employment. SBA will also SMALL BUSINESS ADMINISTRATION determines are necessary and make minor grammatical changes to this appropriate in view of its programs and section to improve clarity. 13 CFR Part 105 operations. Although SBA’s standards of Compliance With Executive Orders RIN 3245–AF24 conduct regulations currently make 13132, 12988 and 12866, the Regulatory general and specific references to Flexibility Act (5 U.S.C. 601–612) and Standards of Conduct and Employee supplemental regulations, SBA has no the Paperwork Reduction Act (44 Restrictions and Responsibilities current plans to issue such U.S.C. Ch. 35) supplemental regulations. Therefore, it AGENCY: U.S. Small Business is necessary to amend the regulations so This direct final rule will not have Administration. as not to imply that such supplemental substantial direct effects on the States, ACTION: Direct final rule. regulations exist. The current on the relationship between the national regulations also cross-reference two Government and the States, or on the SUMMARY: The Small Business parts of OGE’s regulations, 5 CFR part distribution of power and Administration (SBA) amends its 2634 and 5 CFR part 2635, and describe responsibilities among the various regulations governing employee them as the Uniform Financial levels of Government. Therefore, for the standards of conduct by deleting Disclosure regulations and the Uniform purposes of Executive Order 13132, references to Supplemental Standards of Standards of Ethical Conduct for SBA determines that this direct final Ethical Conduct and revising the Executive Branch employees, rule has no federalism implications descriptions of the headings for Office respectively. This direct final rule will warranting preparation of a federalism of the Government Ethics (OGE) revise these descriptions to make them assessment. regulations. The effect of these consistent with the actual headings used This direct final rule meets applicable amendments is to make SBA’s by OGE in its regulations. standards set forth in sections 3(a) and Standards of Conduct and Employee SBA is publishing this rule as a direct 3(b)(2) of Executive Order 12988, Civil Restrictions and Responsibilities a more final rule because the Agency believes Justice Reform, to minimize litigation, precise statement of existing authorities that this rule is non-controversial; it eliminate ambiguity, and reduce applicable to the ethical conduct of SBA merely makes the Agency’s regulations burden. The direct final rule does not employees. consistent with existing authorities. have retroactive or preemptive effect. DATES: This direct final rule is effective SBA expects no adverse comments on The Office of Management and Budget January 3, 2005, without further action, this rule. If, however, adverse comments (OMB) has determined that this direct unless adverse comment is received by are received, SBA will publish a timely final rule does not constitute a December 3, 2004. If adverse comment notice of withdrawal in the Federal significant regulatory action under is received, SBA will publish a timely Register. Executive Order 12866. withdrawal of the direct final rule in the SBA certifies that this direct final rule Federal Register. Section-by-Section Analysis will not have a significant economic ADDRESSES: You may submit comments, Section 105.101 notifies employees impact on a substantial number of small identified by RIN number, by any of the that 5 CFR part 2635 codifies the entities within the meaning of the following methods: (1) Federal ‘‘Uniform Standards of Ethical Conduct Regulatory Flexibility Act, 5 U.S.C. 601– eRulemaking Portal: http:// for Executive Branch employees’’ and 612 because the direct final rule applies www.regulations.gov; (2) e-mail: that 5 CFR part 2634 codifies the to SBA employees, not small entities. [email protected]. Include RIN ‘‘Uniform Financial Disclosure SBA has determined that this direct number in the subject line of the regulation for Executive Branch final rule will not impose any new message; (3) Fax: (202) 481–5275; (4) employees.’’ Because these headings do reporting or recordkeeping requirements mail: Robert L. Gangwere, Deputy not accurately reflect the headings under the Paperwork Reduction Act, 44 General Counsel, Office of General found at 5 CFR parts 2634 and 2635, U.S.C. Ch. 35. Counsel, U.S. Small Business this direct final rule amends § 105.101 List of Subjects in 13 CFR Part 105 Administration, 409 3rd Street, SW., to indicate the accurate headings for Washington, DC 20416; (5) hand these OGE regulations. Section 105.101 Conflicts of interest, Conduct delivery/courier: 409 3rd Street, SW., also refers employees to SBA standards, Ethical conduct, Financial Washington, DC 20416. Supplemental Standards of Ethical disclosure, Government employees.

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I For the reasons stated in the preamble, 2003 (FACT Act or the Act), amending Social Security numbers) of the FCRA, SBA amends 13 CFR part 105 as follows: the Fair Credit Reporting Act (FCRA), as amended by the Act. establishes requirements for consumer The Commission published a Notice PART 105—STANDARDS OF reporting agencies, creditors, and others of Proposed Rulemaking and request for CONDUCT AND EMPLOYEE to help remedy identity theft. In this Public Comment (‘‘NPRM’’) in the RESTRICTIONS AND document, the Commission issues final Federal Register on April 28, 2004,1 and RESPONSIBILITIES rules to establish definitions for the the comment period closed on June 15, 2004. The Commission received forty- I 1. The authority citation for part 105 terms ‘‘identity theft’’ and ‘‘identity nine comments.2 The commenters continues to read as follows: theft report;’’ the duration of an ‘‘active duty alert;’’ and the ‘‘appropriate proof included the National Association of Authority: 5 U.S.C. 7301; 15 U.S.C. 634, of identity’’ for purposes of sections Attorneys General Executive Committee, 637(a)(18) and (a)(19), 642 and 645(a). 605A (fraud alerts and active duty consumer advocacy groups,3 industry 4 I 2. Revise § 105.101 to read as follows: alerts), 605B (consumer report trade organizations, three nationwide information blocks), and 609(a)(1) consumer reporting agencies,5 financial § 105.101 Cross-reference to employee (truncation of Social Security numbers) institutions and other companies,6 two ethical conduct standards and financial of the FCRA, as amended by the Act. disclosure regulations. 1 Related Identity Theft Definitions, Duration of DATES: Effective Date: This rule is In addition to this part, Small Active Duty Alerts, and Appropriate Proof of effective on December 1, 2004. Business Administration (SBA) Identity under the Fair Credit Reporting Act, 69 FR ADDRESSES: Requests for copies of the 23370 (proposed April 28, 2004) (to be codified at employees should refer to the Standards 16 CFR. parts 603, 613, and 614). of Ethical Conduct for Employees of the Rule and the Statement of Basis and 2 The public comments relating to these Executive Branch at 5 CFR part 2635 Purpose should be sent to the rulemakings may be viewed at http://www.ftc.gov/ and the regulations at 5 CFR part 2634 Commission’s Public Reference Branch, os/comments/factaidt/index.htm. The Commission Room 130, Federal Trade Commission, considered all comments timely filed, i.e.—those entitled, Executive Branch Financial received on or before the close of the comment Disclosure, Qualified Trusts and 600 Pennsylvania Avenue, NW., period on June 15, 2004. As a matter of discretion, Certificates of Divestiture. Washington, DC 20580. The complete the Commission also considered comments that record of this proceeding is also were filed after the close of the comment period. I 3. Amend § 105.402 by revising available at that address. Relevant Citations to comments filed in this proceeding are paragraphs (b) (2) and (b) (3) and made to the name of the organization (if any) or the portions of the proceeding, including removing paragraph (b) (4) to read as last name of the commenter, and the comment the Rule and Statement of Basis and number of record. Comment number may appear as follows: Purpose, are also available at the all numeric characters—e.g., #000031 (indicating a Commission’s Web site, www.ftc.gov. comment received by paper or electronic mail), or § 105.402 Standards of Conduct as numeric characters preceded by ‘‘EREG’’—e.g., Counselors. FOR FURTHER INFORMATION CONTACT: ‘‘EREG–000031’’ (indicating a comment received * * * * * Naomi B. Lefkovitz, Attorney, Division through www.regulations.gov). (b) * * * of Planning and Information, Bureau of 3 Consumers Union submitted a comment on behalf of 11 organizations. Consumer advocacy (2) Monitor the Standards of Conduct Consumer Protection, Federal Trade groups commenting included Consumer Action, Program within their assigned areas and Commission, 600 Pennsylvania Avenue, Consumer Federation of America, Consumers provide required reports thereon; and NW., Washington, DC 20580. (202) 326– Union, Electronic Privacy Information Center, (3) Review Confidential Financial 3228. Identity Theft Resource Center, National Association of Consumer Advocates, National Disclosure reports as required under 5 SUPPLEMENTARY INFORMATION: Consumer Law Center, National Council of La Raza, CFR part 2634, subpart I, and provide an Privacy Rights Clearinghouse, Privacy Times, and annual report on compliance with filing Statement of Basis and Purpose U.S. Public Interest Research Group (US–PIRG). 4 requirements to the SBA Standards of I. Introduction In addition to Consumer Data Industry Conduct Counselor as of February 1 of Association (CDIA)—the trade association that represents the nationwide consumer reporting each year. The FACT Act was signed into law on December 4, 2003. Pub. L. 108–159, 117 agencies and a variety of other consumer reporting * * * * * agencies—the Commission received comment on Stat. 1952. Portions of the Act amend the proposed rule on behalf of a number of trade Hector V. Barreto, the FCRA to enhance consumers’ ability organizations representing a variety of industries Administrator. to resolve problems caused by identity and concerns. These included ACA International (representing debt collection agencies and other [FR Doc. 04–24498 Filed 11–2–04; 8:45 am] theft. Section 111 of the Act adds accounts receivable professionals), American BILLING CODE 8025–01–P several new definitions to the FCRA, Bankers Association, American Financial Services including ‘‘identity theft’’ and ‘‘identity Association (representing companies primarily theft report.’’ The Act permits the engaged in the business of providing consumer Commission to further define the term credit), America’s Community Bankers, Credit FEDERAL TRADE COMMISSION Union National Association (CUNA), Coalition to ‘‘identity theft,’’ and requires the Implement the FACT Act (representing trade 16 CFR Parts 603, 613, and 614 Commission to determine the meaning associations and companies that furnish, use, of the term ‘‘identity theft report,’’ collect, and disclose consumer information), RIN 3084–AA94 Consumer Bankers Association, Independent although the Act does provide a Community Bankers of America, National minimum definition. Section 112 of the Related Identity Theft Definitions, Automobile Dealers Association, National Business Act requires the Commission to Coalition on Privacy and E-Commerce (representing Duration of Active Duty Alerts, and determine the duration of an ‘‘active diverse companies interested in national policy on Appropriate Proof of Identity Under the duty alert,’’ which the Act sets at a privacy and electronic commerce issues), Michigan Fair Credit Reporting Act Credit Union League, National Retail Federation, minimum of 12 months. Section 112 Pennsylvania Credit Union Association, and the AGENCY: Federal Trade Commission also requires the Commission to Financial Services Roundtable. (FTC or the Commission). determine the ‘‘appropriate proof of 5 Equifax Information Services LLC, Experian identity’’ for purposes of sections 605A Information Solutions, Inc., and Trans Union LLC. ACTION: Final rule. 6 These included Bank of America, Bank One (fraud alerts and active duty alerts), Corporation, BMO Financial Group, Boeing SUMMARY: The recently enacted Fair and 605B (consumer report information Employees’ Credit Union, Capital One Financial Accurate Credit Transactions Act of blocks), and 609(a)(1) (truncation of Corporation, Countrywide Home Loans, Fifth Third

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of the four military service branches,7 identity thieves do not always succeed information that results from errors consumers,8 and the National Notary in opening new accounts, their attempts where consumers can provide records Association, a professional trade to do so may be recorded as inquiries on showing that they have, for example, organization. Unless specifically victims’ consumer reports, which may paid their debts. Victims of identity modified in this document, all of the adversely affect the victims’ credit theft, however, have no records showing analysis accompanying the proposed scores. Victims who learn of attempts by that they did not open an account and rules in the NPRM is adopted and an identity thief should be entitled to therefore, incurred no debts. Section incorporated into this Statement of take advantage of the Act to place 605B, however, enables victims to use a Basis and Purpose for the final rules. extended fraud alerts and block law enforcement report as the basis of fraudulent inquiries. To block these their proof of the identity theft to block II. Analysis of the Comments Received inquiries under section 605B of the information specifically resulting from A. Section 603.2: Identity Theft FCRA and to obtain an extended fraud identity theft from appearing on their The definition of ‘‘identity theft’’ alert, victims need to be able to obtain consumer reports. Thus, section 605B is triggers important duties for businesses an identity theft report for which they designed specifically to help identity need to be able to allege an identity theft victims correct information in their and important rights for consumers theft. For these reasons, the Commission consumer reports that results from under the FACT Act and the FCRA. For proposed adding ‘‘attempt to commit fraudulent activity, whereas section 611 example, it defines the scope of fraud’’ to the definition. Although a is not specifically tailored for identity fraudulent conduct that businesses must number of commenters supported this theft victims. Thus, the Commission take steps to prevent, and it determines position,11 a number of commenters sees no reason why consumers with who is a victim entitled to take also opposed including ‘‘attempt’’ in the inquiries resulting from attempted fraud advantage of the rights conferred by the definition of ‘‘identity theft.’’ These should be barred from using this Act. Section 111 of the Act defines the commenters made three principal process. term ‘‘identity theft’’ as ‘‘a fraud arguments. Second, commenters stated that it was committed using the identifying First, some commenters argued that it not necessary for the Commission to information of another person, subject is not necessary for the Commission to include ‘‘attempt’’ to assist in the to such further definition as the include ‘‘attempt’’ in the definition of placement of fraud alerts because Commission may prescribe, by ‘‘identity theft’’ to enable consumers to consumers do not need to be actual regulation.’’ In the NPRM, the remove fraudulent inquiries from their victims of identity theft to place an Commission proposed to further define consumer reports because these victims initial fraud alert.14 The Commission 9 the term ‘‘identity theft’’ so it would be can dispute inaccurate information in agrees that consumers will not need to sufficiently broad to cover all bona fide consumer reports with section 611 of prove identity theft to place an initial victims and conduct, and also help the FCRA instead of section 605B.12 If fraud alert. The Commission, however, prevent credit repair fraud.10 the Commission were to eliminate is concerned that in situations where 1. Attempted Fraud ‘‘attempt’’ from the definition, it would the identity thief continues to attempt to be creating separate processes for perpetrate frauds, these victims may In the NPRM, the Commission handling fraudulent tradelines and wish to place an extended fraud alert. proposed adding ‘‘attempt to commit handling fraudulent inquiries under the Under section 605A of the FCRA, such fraud’’ to the definition. Although FCRA. No commenter indicated why victims will need an identity theft fraudulent inquiries should be treated report alleging an identity theft to obtain Bank, Household International, Inc., Juniper Bank, Keycorp, MasterCard International, MBNA America differently from fraudulent tradelines. the extended fraud alert. An extended Bank, N.A., Navy Federal Credit Union, Nissan Further, the section 611 dispute process fraud alert under these circumstances Motor Acceptance Corp., Sprint Corporation, may not provide an adequate means of will alert businesses of the need to take Teachers Federal Credit Union, Visa U.S.A., Inc., removing inquiries. Because section 611 greater precautions and help to prevent Wells Fargo and Company, and Wilshire Credit Corporation. relies on consumers’ ability to produce losses. 13 7 These were the Office of the Judge Advocate ‘‘relevant documentation,’’ it is best Finally, commenters argued that General, Department of the Navy and the United suited to addressing inaccurate including ‘‘attempt’’ would divert States Marine Corps. resources that could be better used to 8 These included Beverly Davis, Mike 11 See, e.g., Keycorp #EREG–000007 (‘‘We support assist victims whose information has Heinemann, Robert Pinheiro, Abbi Sexton, and the inclusion of attempted theft in the definition of been actually misused.15 It is not clear Charles Nichols. ‘identity theft’ under the Act. Allowing a consumer 9 69 FR 23377. In the NPRM, the Commission to file an initial identity theft report based on an 14 defined the term ‘‘identity theft’’ to mean a fraud attempted ID theft affords greater protection for See, e.g., MasterCard International #000025 committed or attempted using the identifying consumers and users of consumer reports.’’); (‘‘The Commission also suggests that a broad information of another person without lawful Equifax Information Services, LLC #000023 (‘‘Since definition is necessary because ‘victims who have authority. an initial fraud alert may be placed on a consumer’s learned of attempts by an identity thief and want to reduce the likelihood that the identity thief will (b) The term ‘‘identifying information’’ means any file by a consumer reporting agency when the succeed in opening new accounts may want to name or number that may be used, alone or in consumer has a suspicion that he or she ‘is about place an ‘initial fraud alert’ on their consumer conjunction with any other information, to identify to become’ a victim of fraud, including ‘attempt’ to reports.’ We respectfully note that the statute does a specific individual, including any— commit fraud as part of the definition is a logical and useful extension.’’); and Teachers Federal not require a consumer to be a victim of ‘identity (1) Name, social security number, date of birth, Credit Union #EREG–000009 (‘‘Yes, attempts to theft’ in order to place an initial alert in the official State or government issued driver’s license commit frauds should be included in the definition, consumer’s file. All that is necessary to place an or identification number, alien registration number, since fraud attempts may have an adverse affect on initial alert in the file is for the consumer to assert government passport number, employer or taxpayer a victim’s credit report/score.’’). ‘in good faith a suspicion that the consumer has identification number; 12 See, e.g., MasterCard International #000025 been or is about to become a victim of fraud or (2) Unique biometric data, such as fingerprint, (‘‘We note that consumers who are victims of related crime.’ We believe that a consumer who has voice print, retina or iris image, or other unique attempted identity theft have the ability to correct been a victim of attempted identity theft could physical representation; their consumer reports using the dispute process make such an assertion regardless of whether (3) Unique electronic identification number, already provided for in the FCRA. Thus, an ‘identity theft’ were to also mean ‘attempted address, or routing code; or expanded definition of ‘identity theft’ is not identity theft.’’’). (4) Telecommunication identifying information or necessary to provide victims a remedy to correct 15 See, e.g., Wells Fargo and Company #000015 access device (as defined in 18 U.S.C. 1029(e)). data on a consumer report.’’). (‘‘We are concerned that defining ‘identity theft’ to 10 Id. at 23371. 13 Section 611 of the FCRA, 15 U.S.C. 1681i. Continued

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how the inclusion of ‘‘attempt’’ would identity fraud that might occur. It would delinquent,23 or if the victims need to create such economic hardship as to also provide consistency with the obtain related transaction records to cause private entities to reallocate federal criminal law. A number of assist in proving their claim,24 victims resources designated for assisting commenters supported the may need to apply the rights provided victims; the provisions of the Act that Commission’s proposal.19 However, by the FACT Act. The Commission implicate ‘‘attempt’’ either do not affect because ‘‘means of identification,’’ as expects that victims of unauthorized most private entities or would seem to defined in the criminal statute, includes account use will continue to resolve assist in the prevention of identity theft. check routing, credit card, and debit their problems under other federal laws For instance, creditors must take certain card numbers, a number of commenters as applicable, but they also may need steps to verify consumers’ identities were concerned that the proposed rule and are entitled to the protections when fraud alerts appear on consumer would cover too broad a range of frauds, provided by the Act. reports.16 Such verification would seem in particular, unauthorized use of a Commenters also were concerned that worthwhile to prevent identity theft for including unauthorized use of a consumer’s existing accounts.20 consumers and financial institutions. consumer’s existing accounts would Notably, consumer reporting agencies, For example, some commenters encourage abuse of the credit reporting who will be the only private entities argued against including unauthorized system.25 The Commission recognizes obligated to place fraud alerts and block use of accounts in the definition of the concern that the Act, in creating inquiries, either supported the inclusion ‘‘identity theft’’ because other federal new tools to assist victims in recovering of ‘‘attempt’’ or did not comment.17 laws provide victims with sufficient from identity theft (e.g., by enabling Similarly, inclusion will not result in protection.21 While other federal laws them to use the ‘‘identity theft report’’ increased processing of identity theft may provide victims with the means to to block the reporting of fraudulent reports by information furnishers redress certain aspects of injuries debts in their consumer reports theft because no accounts will have been resulting from the unauthorized use of report,’’ see infra II.B.), may give opened. an account, these other laws do not unscrupulous individuals a new, or Accordingly, the Commission retains necessarily address all aspects of their alternative means to attempt to exploit ‘‘attempt’’ in the definition of identity injuries. For example, under the Fair the credit reporting system. The theft. Credit Billing Act,22 victims can dispute Commission, however, finds that the 2. Identifying Information unauthorized credit card transactions on definition of ‘‘identity theft report’’ (see their billing statement, but if the debts infra II.B.) provides consumer reporting In the NPRM, the Commission agencies and information furnishers proposed that ‘‘identifying information’’ resulting from the disputed charges appear on their consumer reports as with adequate means to distinguish should have the same meaning as between bona fide identity theft victims ‘‘means of identification’’ found in the 18 19 See, e.g., Office of the Judge Advocate General, and consumers attempting to defraud federal criminal code. This would the system. The Commission has ensure that the term ‘‘identity theft’’ Department of the Navy #000011 (‘‘As the Commission points out, the criminal code’s concluded, therefore, that the possibility addressed the potential permutations of definition of ‘means of identification’ covers the of limiting the potential for abuse that appropriate range of identifying information and might arise from narrowing the include ‘‘attempted’’ fraud would greatly expand ensures that the term ‘identity theft’ addresses the the scope of conduct that entities must take steps relevant permutations of fraud that might occur. definition of identity theft is to prevent and would significantly increase the Additionally, [sic] the Commission accurately outweighed by the need to provide bona number of consumers authorized to take advantage states, it ensures consistency with existing Federal fide victims of unauthorized account of the rights that the FCRA confers upon identity law defining what constitutes identity theft, which use with the same rights accorded theft victims. Expanding the definition of identity promotes clarity and ease of application.’’) and theft beyond the traditional notion of an individual Experian Information Solutions #000012 (‘‘Experian victims of other forms of identity theft opening an account or obtaining a loan in another supports this definition as well; it encompasses the under the FCRA. person’s name would divert significant resources different kinds of information that could be used to Accordingly, except for a technical away from actual identity theft and its victims in commit an identity theft.’’). change discussed in paragraph II.A.4, order to assist those who have avoided any 20 See, e.g., National Retail Federation #000005 meaningful harm of identity theft. If a fraud is (‘‘We would strongly urge the Commission to limit the Commission defines ‘‘identifying attempted but not completed, the system will have its definition of an identity theft to those situations information’’ to have the same meaning averted identity theft and the consumer will have in which the perpetrators have actually assumed as ‘‘means of identification’’ found in 18 suffered little, if any, harm. Any harm that the someone else’s identity, procured a new line of U.S.C. 1028(d)(7). consumer will have suffered can be, or already will credit and used that credit in the individual’s name. have been, adequately addressed.’’). We urge this formulation to distinguish true ID 3. Lawful Authority 16 Section 605A of the FCRA, 15 U.S.C. 1681c–1. Theft from ‘attempted’ identity theft or from 17 See, e.g., Consumer Data Industry Association situations involving ‘unauthorized use.’’’). In the NPRM, the Commission #000012 (‘‘CDIA agrees with the Commission that, Consumers themselves, however, consider that proposed that the definition of identity in order to trigger the important FCRA rights of unauthorized use of their accounts is a form of theft require that a person’s identifying potential identity theft victims and to enable them identity theft based on the fact that they file to avoid being actual identity theft victims, the complaints in the Commission’s identity theft information must be used ‘‘without definition should cover an attempted fraud, as well complaint database about such unauthorized use. as the actual offense.’’); Experian Information See http://www.consumer.gov/idtheft/charts/ 23 See section 605B of the FCRA for the right to Solutions #000009 (‘‘The definition captures the CY2002OverallCharts.pdf for examples of the block information resulting from identity theft from appropriate elements; it includes (a) a fraud that is statistical breakdown of consumer identity theft consumer reports. 15 U.S.C. 1681c–2. attempted or committed, (b) using ‘identifying complaints to the Commission. 24 See section 609(e) of the FCRA for the right to information’ of another, and (c) without lawful 21 See, e.g., Coalition to Implement the FACT Act obtain identity theft related transaction records. 15 authority.’’); and Equifax Information Services, LLC #000019 (‘‘Not only are there already provisions in U.S.C. 1681g. #000023 (‘‘Since an initial fraud alert may be placed existing law, such as under the Truth in Lending 25 See, e.g., Wells Fargo and Company #000015 on a consumer’s file by a consumer reporting Act and the Electronic Fund Transfer Act, to protect (‘‘We also believe that inclusion of traditional debit agency when the consumer has a suspicion that he consumers who are victims of crimes such as and credit card fraud in the definition of ‘identity or she ‘is about to become’ a victim of fraud, account fraud, but we do not believe it would theft’ will significantly increase claims of identity including ‘attempt’ to commit fraud as part of the benefit victims of true identity theft to dilute theft, fraud alerts and requests to block information. definition is a logical and useful extension.’’). industry’s efforts by giving victims of less A significant increase in claims of this type (many 18 ‘‘Identity theft’’ is defined in 18 U.S.C. debilitating crimes equal priority as identity theft of which may be marginal or even untrue) could 1028(a)(7) and ‘‘means of identification’’ is defined victims.’’). impact the integrity of the entire information in 18 U.S.C. 1028(d)(7). 22 15 U.S.C. 1666–1666j. reporting system.’’).

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lawful authority.’’ This definition was of being used, but cannot stop the use. 4. Additional Changes designed to prevent individuals from Thus, the Commission has determined One commenter suggested that the colluding to obtain goods or services not to include ‘‘without knowledge’’ in Commission amend paragraph (b)(4) without paying for them and then using the definition of identity theft. (see n. 9) to clarify that identifying the rights conferred by the Act to clear More broadly, some commenters were information includes credit card and their credit records of the negative, but concerned that adding ‘‘without lawful other account identification numbers by legitimate, information. Most authority’’ would increase the difficulty incorporating the language referenced in commenters supported the 18 U.S.C. 1029(e) into the final rule.30 Commission’s addition, although some of recovery for certain victims such as minors.28 In the NPRM, the Commission The Commission considers that asked for additional clarification. including the specific language of 18 Some commenters suggested that stated that parents who use their minor children’s identifying information U.S.C. 1029(e) would add unnecessary ‘‘without lawful authority’’ might not verbiage to the rule and that the fully prevent collusion.26 These purporting to be the minors are not exercising lawful authority. Lawful Commission can use other means to commenters appear to argue that, publicize the concept that credit card because no one can ‘‘lawfully’’ authority, or authority alone, allows parents to use their minor children’s account numbers are included in the authorize an illegal act, a person might definition. For example, the identifying information on behalf of the give another person permission to use Commission previously addressed (see, minors, but only when acting in the his or her identifying information supra II.A.2) the fact that unauthorized capacity as the parent. Minors whose knowing that the recipient would use account use is part of the definition of parents have misused their identifying such information to commit fraud, and identity theft, and the Commission will then later allege ‘‘identity theft’’ because information by purporting to be the highlight this fact in any educational he never gave ‘‘lawful authority’’ to use minors will, therefore, be able to assert materials it develops. the information to commit fraud.27 The that their parents acted without Finally, the Commission has corrected Commission doubts that the inability to authority and will be entitled to all of a drafting error made in clarifying the ‘‘lawfully’’ authorize a fraudulent act the identity theft protections under the term ‘‘identifying information.’’ In would provide a justification for FCRA. paragraph (b), the Commission has alleging identity theft in such Some commenters suggested a replaced the clause ‘‘to identify a circumstances. Nevertheless, to avoid clarification that presumed authority if specific individual’’ with ‘‘to identify a any such result, the Commission is the consumer refused to pursue specific person’’ to conform the deleting the term ‘‘lawful’’ from the prosecution.29 Although refusal to elements of ‘‘identifying information’’ final Rule. Thus, the final Rule states prosecute may be a factor in considering with the definition of ‘‘identity theft’’ in that ‘‘identity theft’’ means ‘‘a fraud whether an unauthorized use of a the Act, which uses the term ‘‘person.’’ committed * * * using the identifying person’s identifying information has Except for this technical change and information of another person without occurred, the Commission does not the removal of the word ‘‘lawful,’’ the authority.’’ The Rule is intended to believe that it constitutes prima facie Commission adopts the definition of apply to one person’s using the evidence of a grant of authority. ‘‘identity theft’’ without modification. identifying information of another Accordingly, the Commission declines person without that person’s permission B. Section 603.3: Identity Theft Report to include a person’s refusal to or approval. Under section 111 of the Act, the In the NPRM, the Commission had prosecute the user of the person’s Commission is required to determine asked for comment on whether the identifying information in the final rule. the meaning of the term ‘‘identity theft definition of ‘‘identity theft’’ should report,’’ using as the foundation a include a requirement that a person’s 28 See, e.g., Consumers Union #EREG–000002 minimum definition set forth in the (‘‘The theft of the identities of children by their 31 identifying information be used without legal guardians could pose special issues if the Act. Consumers can use the identity the person’s knowledge, to address definition includes a requirement of lack of legal concerns with collusion. The authority. The explanatory language which suggests 30 Consumer Data Industry Association #000009 Commission received few responsive that a legal representative never has the power to (‘‘As a result of incorporating the U.S. Code defraud the other person is helpful, but adding this definition into the proposed rule, the rule’s comments, and although such a kind of requirement is likely to make it much definition of identity theft could include the requirement could address collusion, it harder for a newly adult person to remove from his authorized [sic] use of a credit card, PIN or similar would create problems for bona fide or her credit record transactions not fairly attributed access device. CDIA understands that the victims who may know that their to that person, when those transactions were Commission intends this result. However, affected identifying information is in the process initiated by a legal guardian.’’). industry members may not associate the crime of 29 Consumer Data Industry Association #000009 identity theft with the fraudulent use of a credit (‘‘CDIA agrees that an important element of the card number without identifying information. For 26 See, e.g., Consumer Bankers Association definition of identity theft is that the person’s that reason, in order to facilitate compliance, CDIA #000007 (‘‘The FTC states that ‘adding ‘‘without identifying information is used without lawful suggests that the final rule’s definition of lawful authority’’ [to the definition] prevents authority. As the Commission observes, identifying information incorporate the current U.S. individuals from colluding with each other to individuals, such as guardians and attorneys-in- Code definition of ‘any telecommunication obtain goods or services without paying for them, fact, may have lawful authority to use another’s identifying information or access device.’ The final and then’ attempting to allege that it is the result identifying information and may misuse that rule could also provide that the definition would of identity theft. CBA applauds the FTC for information to commit fraud. CDIA’s members have include the U.S. Code definition as it may be addressing this important issue. We do not believe experienced situations where consumers appear to amended, to reflect changes in technology.’’). that consumers who benefit from a transaction have colluded with family members or friends to 31 Under the Act, an identity theft report is, ‘‘at should be able to claim that the transaction is the perpetrate a fraud or attempted fraud using their a minimum, a report—(A) that alleges identity theft; result of identity theft. Therefore, we urge that this own identifying information. In those instances, the (B) that is a copy of an official, valid report filed concept be retained. However, we also ask the FTC consumer refuses to prosecute the perpetrator of the by the consumer with an appropriate Federal, State, to clarify this issue in the Final Rule. In particular, fraud or attempted fraud. For that reason, CDIA or local law enforcement agency, including the as the definition is drafted, it is not clear whether believes that the final rule should provide that a United States Postal Inspection Service, or such the modifier ‘without lawful authority’ would consumer’s refusal to prosecute the perpetrator of other government agency deemed appropriate by achieve the FTC’s objective because a fraud is an identity theft is prima facie evidence that the the Commission; and (C) the filing of which already generally an act committed without lawful consumer’s identifying information was used with subjects the person filing the report to criminal authority.’’). the consumer’s lawful authority and thus does not penalties relating to the filing of false information, 27 Id. involve identity theft.’’). Continued

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theft report to block information identity theft with as much specificity law enforcement agency with which a resulting from identity theft from their as possible.36 The Commission also report about identity theft could be filed consumer reports 32 and prevent proposed some examples of when it by further defining what constitutes an information furnishers from would or would not be reasonable to ‘‘appropriate’’ law enforcement agency. refurnishing such information,33 as request additional information or Specifically, some commenters noted in the NPRM. The Commission is documentation. While a few suggested narrowing the term to exclude concerned that the identity theft report commenters unreservedly supported the law enforcement agencies that enforce might be misused by some to attempt to Commission’s proposal,37 as outlined laws unrelated to identity theft on the remove accurate, but negative, below, most commenters had concerns grounds that they are unlikely to information from their consumer about some aspect of the Commission’s investigate any reports of identity theft reports, notwithstanding the Act’s proposal. which they receive, thus encouraging requirement that the filing of the report Although many commenters were the filing of false reports.39 Other be subject to criminal penalties for the concerned about the possibility of commenters felt that law enforcement filing of false information.34 Because misuse of the identity theft report, they agencies with automated systems certain law enforcement agencies, felt that the Commission’s proposed should not be considered including most federal agencies, allow remedies were not sufficient to deter ‘‘appropriate.’’ 40 Finally, a number of consumers to file law enforcement this potential problem.38 Commenters commenters thought that the reports through an automated system suggested ways in which the rule could Commission should clarify that the (i.e., the report can be filed by mail, better address this concern. For Commission itself is not an appropriate telephone, or via the Internet, instead of example, some commenters wrote that law enforcement agency in part because in a face-to-face interview with a law the Commission should limit the type of it lacks criminal arrest authority.41 enforcement officer), the Commission is After considering these comments, the concerned that consumers using an 36 69 FR 23372. The definition proposed in the Commission has determined that it is automated means might have less NPRM: not necessary to limit further the law compunction about filing a false report. (a) The term ‘identity theft report’ means a enforcement agencies with which Moreover, because consumer reporting report— identity theft victims can file a report. (1) That alleges identity theft with as much agencies and information furnishers specificity as the consumer can provide; First, the Commission does not find that most likely will receive and be required (2) That is a copy of an official, valid report filed restricting law enforcement agencies to to act upon the law enforcement report by the consumer with a Federal, State, or local law those that enforce specific identity theft before the identity theft complaint is enforcement agency, including the United States laws would provide meaningful Postal Inspection Service, the filing of which guidance because identity theft can take fully investigated by the law subjects the person filing the report to criminal enforcement agency, they will be faced penalties relating to the filing of false information, many forms and can be prosecuted with the initial responsibility for if, in fact, the information in the report is false; and under many different laws.42 Rather, the determining the legitimacy of an (3) That may include additional information or identity theft claim.35 documentation that an information furnisher or 39 See, e.g., Consumer Bankers Association For these reasons, the Commission’s consumer reporting agency reasonably requests for #000007 (‘‘For example, the statute would appear the purpose of determining the validity of the to prohibit the filing of an identity theft report with proposal allowed consumer reporting alleged identity theft, provided that the information the Federal Communications Commission (‘‘FCC’’), agencies and information furnishers to furnisher or consumer reporting agency makes such because an agency charged with enforcing several investigate identity theft claims much to request not later than five business days after the different laws unrelated to identity theft would the same extent that they could prior to date of receipt of the copy of the report form clearly not be an appropriate recipient of a report identified in paragraph (2) or the request by the alleging identity theft. Not only can the FCC do very the Act. At the same time, the consumer for the particular service, whichever shall little about investigating the identity theft, but the Commission wanted to ensure that bona be the later. FCC is unlikely to spend a lot of resources to fide victims could resolve their identity 37 See, e.g., Independent Community Bankers of determine whether the consumer has lied in the theft problems without undue delay or America #EREG–000004 (‘‘The ICBA agrees that it report.’’). burden. The Commission’s proposal, is appropriate that credit reporting agencies and 40 See, e.g., Boeing Employees Credit Union information furnishers have the authority to require #000002 (‘‘We do not agree with the automated with specific limitations, allows as much specificity as possible when investigating method of reporting identity theft. Allowing the consumer reporting agencies and an allegation of identity theft. To begin with, this reporting to be a faceless transaction with zero law information furnishers to make requests will help discourage fraudulent claims of identity enforcement involvement makes it extremely for information and documentation in theft and abuse of the system, a step that is convenient for someone to falsify a report. In our especially important since, as noted above, opinion, to qualify for these protections, the addition to the law enforcement report Congress created serious remedies for a serious consumers must provide adequate proof of fraud in to verify the identity theft claim, and to problem. Second, greater specificity will help person.’’). require that consumers allege the information furnishers and credit reporting agencies 41 See, e.g., American Bankers Association better identify the actual fraud that should be #EREG–000034 (‘‘Complaints filed with the blocked on a credit report.’’). Commission’s Identity Theft Data Clearinghouse if, in fact, the information in the report is false.’’ 38 See, e.g., American Financial Services should be excluded, unless the Commission has 15 U.S.C. 1681a(q)(4). Association #000010 (‘‘AFSA appreciates the authority to arrest a person filing a false report.’’). 32 Section 605B of the FCRA, 15 U.S.C. 1681c–2. Commission’s effort to carefully balance the By contrast, the National Association of Attorneys 33 Section 623(a)(6)(B) of the FCRA, 15 U.S.C. important considerations underlying the FACTA General (#000008) suggested that the Commission 1681s–2(a)(6)(B). identity theft provisions * * * as the Commission explicitly include itself as an agency with which 34 69 FR 23371. recognizes in its Supplementary Information victims can file identity theft complaints in the 35 As further protection against abuse of the credit accompanying the Proposed Rule, identity theft final rule. The Commission considers that the final reporting system, the Act also provides the reports ‘could provide a powerful tool for misuse, rule is clear that victims may submit reports to any consumer reporting agencies and information allowing persons to engage in illegal activities in an federal law enforcement agency which accepts furnishers with some ability to reject or reinstate a effort to remove or block accurate, but negative, identity theft complaints. Therefore, although block or continue furnishing information (see information from their consumer reports.’ [Footnote Congress opted to name the United States Postal sections 605B(c) and 623(a)(6)(B) of the FCRA, 15 2: 69 Fed. Reg. 23,371.] AFSA is concerned that the Inspection Service in the definition of ‘‘identity U.S.C. 1681c–2(c) and 15 U.S.C. 1681s–2(a)(6)(B)). Proposed Rule has not fully addressed this risk theft report,’’ it is unnecessary to name the In practice, it may be difficult for the consumer identified by the Commission and that, as written, Commission or any other federal agency reporting agencies or information furnishers to the Rule may allow the unscrupulous to turn a specifically. make such determinations without an investigation system intended to protect consumers into a system 42 A law enforcement agency may derive its of the claim of identity theft. This investigation may that could be easily used to deceive and defraud authority to investigate identity theft cases not from be difficult to conduct without the cooperation of creditors and other users of consumer report a specific law criminalizing identity theft, but from the consumer making the claim. information.’’). a law criminalizing bank fraud, for example.

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Commission notes that consumer document as not being a copy of an difficult as well as delay the provision reporting agencies and information official, valid law enforcement report.45 of services.48 Permitting a reasonable furnishers may take into account Finally, because not all police report request for additional information or whether the agency with which the law forms contain an express notice documentation may result in victims enforcement report was filed appears to regarding criminal penalties for false having to submit different information have been chosen for the purpose of statements, the Commission considers or documentation to different avoiding inquiry into the identity theft that excluding a law enforcement report companies. However, the requirement when determining whether to request on such a basis would add unnecessary that the request must be reasonable additional information or consumer confusion and hardship to the should limit requests. On balance, the documentation to assess the validity of process of obtaining a law enforcement Commission believes that allowing the identity theft claim. report. consumer reporting agencies and Second, the Commission notes that Some commenters were concerned information furnishers to make some victims are faced with police that the Commission’s proposal to allow reasonable requests on a case-by-case departments that will not take identity consumer reporting agencies and basis will help prevent abuse of the theft complaints. This problem, information furnishers to make credit reporting system and maintain combined with the fact that most federal reasonable requests for additional the viability of the recovery process for and some state law enforcement information or documentation for an bona fide victims as contemplated by agencies use automated systems to take ‘‘identity theft report’’ may result in the Act. reports means that excluding law consumer confusion by requiring Other comments raised the concern enforcement agencies that take victims to submit different information that the Commission’s five business day automated reports would unduly or documentation to different time limit on the request for additional burden victims of identity theft. Finally, companies.46 Commenters also argued information or documentation did not the Commission is not convinced that that permitting a reasonable request for provide a long enough time period to excluding the Commission’s complaint additional information or evaluate the need for and to make an intake system would diminish the risk documentation created the potential for initial request.49 The Commission of false filings, because the Commission, abuse,47 and could make recovery more like any other law enforcement agency, 48 Finally, Consumers Union (#EREG–000002) argued that allowing requests for additional can take steps to pursue any evidence of 45 With respect to reports filed with an automated information would delay the placement of extended 43 system, a consumer reporting agency or information false filings. fraud alerts. The Commission stated in the furnisher could expect to receive some evidence of On a different issue, certain examples in the final rule that a law enforcement a filing confirmation receipt along with the copy of commenters raised concerns about the report submitted for the purpose of obtaining an the actual report, thereby allowing it to verify with extended fraud alert, even if filed using an meaning of an ‘‘official, valid report.’’ the agency that a report was filed. automated system, should not trigger a request for Some requested that the Commission 46 See, e.g., Consumers Union #EREG–000002 additional information or documentation. In clarify this concept. In order for the (‘‘* * * the proposed definition will create a developing this example, it did not appear to the report to be considered official and bewildering situation in which one consumer could Commission that requests for extended fraud alerts valid, others wanted the report form to be required to augment a single police report in needed to be subject to special scrutiny as there had different ways for different CRAs and different been no evidence that fraud alerts under the state that criminal penalties apply to furnishers in order to meet the basic definition of voluntary placement system were requested 44 false statements. The Commission an identity theft report. It will be impossible for the without cause. No commenters raised any objection does not find the term ‘‘official, valid Commission, consumer groups, or even CRAs and to this example. Thus, the Commission anticipates report’’ to be ambiguous. Further, if the creditors to tell consumers what to file to constitute that victims will obtain extended fraud alerts an identity theft report.’’). without additional delay in accordance with the consumer reporting agencies or The National Association of Attorneys General placement procedures set forth by the Act. information furnishers receive copies of (#000008) suggested an alternative to allowing In any event, consumers who have not already law enforcement reports that contain so variable requests for additional information or done so may place an initial alert while their little information or indications of documentation in that, ‘‘* * * the regulations request for an extended alert is being processed. authenticity as to cause them to be should provide one form containing all information Thus, consumers who immediately place an initial that identity theft victims are expected to provide, fraud alert will receive all of the benefits of this unable to verify that a genuine law such as the FTC affidavit form which is already alert. enforcement agency issued the report or available on the FTC’s website.’’ 49 See, e.g., Michigan Credit Union League accepted the filing, or if they determine The referenced ID Theft Affidavit was developed #EREG–000024 (‘‘We believe that the five-business that the report was fraudulent in any by the Commission in coordination with consumer day window may be insufficient time to allow material aspect, they may reject the advocate organizations and financial institutions. credit unions to request the additional information. While it was intended to save time for victims by This might particularly impact credit unions that giving them a uniform means to provide basic are very large or very small. Large credit unions 43 See 18 U.S.C. 1001. Although the Commission information about their identity theft claim, it never could potentially be inundated with identity theft does not have criminal authority to arrest a person purported to cover all necessary information, and reports and not be able to request that information or to prosecute identity theft cases directly, based companies might ask for additional information. within the proposed time frame. Small credit on its Congressional mandate under the 1998 See Instructions for Completing the ID Theft unions may not have the staffing or be open more Identity Theft Assumption and Deterrence Act, Pub. Affidavit at http://www.ftc.gov/bcp/conline/pubs/ than one to two days per week. This would prevent L. 105–318, 112 Stat. 3007 (1998) (codified at 18 credit/affidavit.pdf. Given the variety of forms of them from being able to request this information.’’) U.S.C. 1028), it works closely with criminal law identity theft, it is doubtful that a single form could and Keycorp #EREG–000007 (‘‘We believe it is enforcement agencies at all governmental levels to contain all information that all identity theft appropriate to include additional documentation analyze the complaints in its database and refer out victims could be expected to provide, yet not be requirements in the definition of ‘‘Identity Theft possible leads for investigation. Thus, complaints overly burdensome to complete. For example, an Report.’’ However, we are greatly concerned with made to the Commission may be subject to criminal information furnisher may need to confirm regard to the timing of the information request by law enforcement review in much the same way as passwords or other security measures when the furnisher or credit reporting agency. Given the complaints made directly to federal agencies with unauthorized account use has occurred. complexity of the financial transactions that may be criminal authority. 47 Consumers Union (#EREG–000002) also was involved in the ID theft claim, coupled with the 44 See, e.g., Consumer Data Industry Association concerned that requests for additional information number of Identity Theft Reports an institution may #000009 (‘‘* * * the rule should give examples of or documentation may be abused by consumer receive, we do not believe that five business days what constitutes a ‘an official, valid report’) and reporting agencies and information furnishers. The is sufficient time to receive the Identity Theft Experian Information Solutions #000012 (‘‘An Commission disagrees that it has opened the door Report, evaluate the transaction information ‘official, valid’ report is one that on its face to abusive requests. The Commission carefully contained in the Report, determine what additional demonstrates that the complainant is subject to crafted the proposed rule to require that requests for information may be required from the consumer to criminal penalties for any false statements in the additional information or documentation be validate the claim, and request the information from report.’’). reasonable. Continued

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recognizes that five business days may investigation of the validity of identity circumstances will it take longer than not be long enough to fairly evaluate the theft claims. Furthermore, some thirty-five days.52 This timing balances law enforcement report for some consumers may make mistakes in what the needs of victims to have a finite consumer reporting agencies or information or documentation they process for submitting an identity theft information furnishers. The provide initially and would benefit from report, with the needs of consumer consequences may be to force them to further opportunities to furnish the reporting agencies and information choose between accepting the law correct information. furnishers to verify the identity theft. To enforcement report as the complete Commenters generally suggested one ensure that victims will understand the identity theft report regardless of time period to cover both initial and operation of this final rule and to whether the identity theft claim is multiple requests or made no specific facilitate their ability to obtain an legitimate, or sending out pro forma suggestions. The Commission believes identity theft report with minimal delay, requests for additional information or that additional requests should be the Commission will conduct consumer documentation, which may or may not permitted. However, one time period for and business education to advise be reasonable under the circumstances. both initial and multiple requests could victims of their rights. The Commission The former instance would undermine result in the first request of additional anticipates that should consumer the Commission’s reasons for allowing information or documentation being reporting agencies and information reasonable requests of information or made on the last day of the time period, furnishers make requests for additional documentation initially—to minimize with subsequent requests being made at information or documentation, they will abuse of the credit reporting system. indefinite times thereafter. The inform consumers about the time frame The latter instance might result in an Commission believes that this could within which information or increase of consumer complaints and unfairly delay the recovery of victims. documentation should be submitted and disputes regarding the reasonableness of Therefore, the Commission has the outcome if the requested the information or documentation determined to retain a limited time information or documentation is not requests, which would not be a period (fifteen calendar days) for an submitted in a timely manner. beneficial use of consumers’ time and initial request to ensure that an Additionally, a number of resources. Thus, the Commission investigation commences promptly, and commenters requested that the considers that allowing consumer to set a time limit of fifteen additional Commission develop a procedure by reporting agencies and information days after the initial request for any which consumer reporting agencies or furnishers to have a longer period of further requests for information or information furnishers could reject time to evaluate the law enforcement documentation, as well as a final identity theft reports. The Commission report will better limit fraud and determination on acceptance or believes that consumer reporting provide a better outcome overall for rejection of the ‘‘identity theft report.’’ agencies and information furnishers consumers. However, in the event that a consumer already have a procedure for rejecting Commenters’ suggestions on a longer should submit the additional identity theft reports. If the document or time period ranged from ten to thirty information or documentation too late documents the consumer presents do days (both calendar and business days). in this second fifteen day period for a not meet the definition set forth in the The Commission has determined to consumer reporting agency or an final rule, the consumer reporting modify its proposed rule to allow information furnisher reasonably to be agencies and information furnishers can consumer reporting agencies and able to review it, the Commission will reject them. information furnishers to have fifteen allow the consumer reporting agency or A number of commenters also calendar days to make an initial request information furnisher an additional five requested that the Commission clarify for additional information or days to make a final determination on the clause ‘‘filed by the consumer’’ in documentation. Fifteen calendar days is acceptance or rejection of the ‘‘identity paragraph (2) to mean filed directly by approximately five business days more theft report.’’ For example, if the the consumer, and not by someone else additional information or on behalf of the consumer, as a means than the Commission had originally 53 proposed, which should allow all documentation is received on day of preventing illegal credit repair. The consumer reporting agencies and fourteen of this second fifteen day information furnishers sufficient time to period, the consumer reporting agency necessary documentation together. Thus, the or information furnisher may have five Commission anticipates that a consumer reporting determine whether additional agency or information furnisher may develop an information or documentation is days, if needed, to make a final even more efficient and accommodating process for needed, but should not cause victims determination on acceptance or assisting identity theft victims than the minimum rejection of the ‘‘identity theft report.’’ standard for timing set forth under this final rule. undue delay. 52 While not directly on point, the Commission Some commenters also requested an Thus, although in many instances it should take much less time to reach a observes that the section 611 time period for opportunity to make further requests for 51 reinvestigation of disputed information can range information or documentation, if final determination, under no from thirty to forty-five days depending on whether necessary.50 The Commission believes the consumer provides the consumer reporting 51 The Commission expects that consumer agency with additional relevant documentation. 15 that an exchange of communication reporting agencies and information furnishers will U.S.C. 1681i. The maximum thirty-five day period between consumer reporting agencies or make any requests as expeditiously as possible. In here is adequate because, unlike under section 611, information furnishers and consumers particular, it expects that any supplemental the procedures here explicitly contemplate a will allow for a more thorough requests for information or documentation would dialogue, if needed, within the second fifteen day be made as soon as practicable to allow consumers period, with a possible additional five days for final sufficient time to respond. It further notes that in review. the consumer. We believe a minimum of fifteen practice, many victims may make initial contact 53 See, e.g., Consumer Bankers Association business days is required to properly evaluate and with a company by a telephone call as opposed to #000007 (‘‘We believe an important corollary to the react to an Identity Theft Report responsibly.’’). submission of a law enforcement report. At that requirement that the identity theft report be filed 50 See, e.g., American Bankers Association time, many consumer reporting agencies or with an appropriate law enforcement agency is that #EREG–000034 (‘‘* * * the Commission should information furnishers likely would discuss with the report must be filed by the consumer, and not permit more than a single request. In many cases, the victim what information or documentation, if by another entity. CBA is concerned that credit it will be necessary to request additional any, in addition to the law enforcement report may repair clinics and other unscrupulous individuals information in order to properly handle the claim be needed to validate the identity theft claim so that should not be permitted to file identity theft reports as it progresses.’’). victims can expedite the process by submitting all on consumers’ behalf.’’).

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Commission believes that there may be The Commission views the examples considers that the caution against a number of legitimate reasons why a as sufficiently clear; they convey that it unreasonable redundancy in example 5 third party (e.g., a guardian or an is reasonable for a consumer reporting is already covered by the other attorney-in-fact) might file an identity agency or information furnisher to examples. Therefore, it has deleted the theft report on behalf of a consumer. request additional information or fifth example. The remaining examples The Commission believes that to the documentation if the in-person police are unchanged. extent a third party is filing false report is lacking in necessary C. Section 613.1: Duration of Active identity theft reports on behalf of a information or the consumer reporting Duty Alerts consumer, the Commission has agency or information furnisher can provided consumer reporting agencies identify some other reasonable concern Under section 112 of the Act, service and information furnishers with underlying the request. Thus, although members who meet the definition of an sufficient flexibility within the the examples are intended to active duty military consumer 58 are definition to determine the validity of demonstrate that victims should not be permitted to place an active duty alert the identity theft report just as if the required to provide redundant in their consumer report maintained by consumers had filed the false identity information for no discernable reason, a nationwide consumer reporting theft reports themselves. In fact, to the they make equally clear that consumer agency covered under the definition of extent a consumer reporting agency or reporting agencies or information section 603(p) of the FCRA. The Act sets information furnisher recognizes the furnishers are not prevented from taking a minimum period of 12 months for the same filer or a pattern to the filings, it reasonable steps to verify the identity duration of the active duty alert, but could consider such information as a theft. required the Commission to determine if factor in determining the validity of the Moreover, Congress did not include this period should be longer. In the identity theft report. the requirements of section 609(e) in the NPRM, the Commission proposed to In the NPRM, the Commission definition of ‘‘identity theft report.’’ maintain the duration of the active duty provided examples of when it would or Instead, it granted the Commission alert at 12 months because it believed that 12 months would cover adequately would not be reasonable to request rulemaking authority to determine how the time period for which the majority additional information or the ‘‘identity theft report’’ should most of service members would be deployed. documentation. Commenters asked for appropriately be defined. The A number of commenters, including the clarification on these examples. With Commission believes that it would be one service branch commenting directly respect to the first example,54 a number overly burdensome to consumers if on the issue, supported the of commenters wanted to be able to consumer reporting agencies and Commission’s proposal.59 request additional information or information furnishers could request Opposing commenters generally documentation even if the victim additional information or suggested that service members should provided a suitable police report. Some documentation without an underlying be able to choose their own duration or commenters pointed to section 609(e) of rationale. Further, as discussed above, select among options of pre-determined the FCRA, which allows a business to the Commission believes that it has lengths.60 The Commission has ask for a police report and an affidavit provided consumer reporting agencies to verify a claim of identity theft before and information furnishers with the same information on a different form. The point providing copies of the victim’s identity sufficient flexibility to verify identity of this example is unclear.’’). theft related transaction records, as an theft claims. 58 FACT Act sec. 111, codified at FCRA sec. example that Congress intended that Some commenters were concerned 603(q)(1), 15 U.S.C. 1681a(q)(1). they should be able to request The term ‘‘active duty military consumer’’ means that specific language in the first a consumer in military service who— additional information or example, that ‘‘the report was (A) Is on active duty (as defined in section 55 documentation in all cases. fraudulently obtained,’’ excluded 101(d)(1) of Title 10 U.S.C.) or is a reservist reports that were counterfeit or performing duty under a call or order to active duty 54 Example 1: A law enforcement report otherwise falsified.56 For the sake of under a provision of law referred to in section containing detailed information about the identity 01(a)(13) of Title 10 U.S.C.; and theft and the signature, badge number or other clarity, the Commission has changed (B) Is assigned to service away from the usual identification information of the individual law this language to ‘‘the report was duty station of the consumer. enforcement official taking the report should be fraudulent.’’ At least one commenter The Commission notes that the United States sufficient on its face to support a victim’s request. noted that the fifth example seemed Marine Corps (#000004) requested clarification of In this case, without an identifiable concern, such 57 this definition due to concerns that reservists do not as an indication that the report was obtained unclear. The Commission agrees and have a usual duty station and that some service fraudulently, it would not be reasonable for an assignments may only be temporary. However, with information furnisher or consumer reporting agency to suggest that in some instances, it would be respect to active duty alerts, Congress charged the to request additional information or documentation. unreasonable for a consumer reporting agency to Commission solely with considering whether to 69 FR 23378. request a fraud affidavit or similar information lengthen the duration of the active duty alert. 55 See, e.g., Consumer Data Industry Association when the consumer provides a police report. Such 59 See, e.g., Office of the Judge Advocate General, #000009 (‘‘In addition, the verification element is a suggestion would create unjustified inconsistency, Department of the Navy #000011 (‘‘The active duty consistent with the FACT Act provisions, codified because the FCRA itself permits furnishers to use alert should remain at 12 months. * * * The in FCRA section 609(e), with respect to the their discretion to request such information in disadvantage of a longer duration for the active duty obligations of a business entity to disclose similar circumstances.’’). alert is that service members may need to remove information to an identity theft victim. Those 56 See, e.g., Consumer Data Industry Association the alert instead of allowing it to expire. For provisions give the entity the discretion always to #000009 (‘‘Although the example would permit understandable security reasons it will be more request the following from the victim, in order to requests for additional information if there is some difficult to remove an alert than it is to place one. verify the claim of identity theft: (i) A copy of a indication that the report was obtained Delays experienced in removing an alert can police report evidencing the claim; and (ii) a fraudulently, the example should also permit negatively impact an individual’s ability to properly completed (I) copy of a standardized additional information if the report was establish lines of credit or procure loans. affidavit of identity theft developed and made fraudulently created or altered.’’). Additionally, a 12-month duration for an alert available by the Commission; or (II) an affidavit of 57 See, e.g., Consumer Data Industry Association strikes the balance of meeting the active duty fact that is acceptable to the business entity for that #000009 (‘‘(5) If the information the information military member’s needs without being an undue purpose. [Footnote 12: FCRA 609(e)(2)(B); 15 U.S.C. furnishers or the consumer reporting agencies are burden on consumers or creditors.’’). 1681g(e)(2)(B) (emphasis added).] However, as seeking is already found in the law enforcement 60 See, e.g., Navy Federal Credit Union #000022 discussed below, CDIA is concerned that the report which is otherwise satisfactory, it would not (‘‘While many tours of active duty may span 12 illustrative examples in the Proposed Rule appear be reasonable to request that the consumer fill out Continued

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understood that a term of deployment is Accordingly, the Commission adopts the best position to assess these generally 12 months or less. the duration of the active duty alert differences. Commenters were generally Deployments may be extended, but without modification. supportive of the Commission’s service members will not know if their approach,65 but many requested D. Section 614.1: Appropriate Proof of deployments will be extended before Identity clarifications on various points. they leave on their initial deployment. A few commenters requested Thus, it would seem, in the majority of Subsection 112(b) of the Act requires clarification that the Commission’s rule cases, that it would be impossible for the Commission to determine what did not require that a consumer service members to accurately select a constitutes appropriate proof of identity reporting agency be able to match duration greater than 12 months. for purposes of sections 605A (request consumer-provided information with The Commission considers that a by a consumer, or an individual acting their file information to a perfect better solution would be for service on behalf of or as a personal degree.66 This rule is not intended to members whose deployments are greater representative of a consumer, for reach the question of whether a than 12 months to place a subsequent placing and removing fraud and active consumer reporting agency should active duty alert.61 In the NPRM, the duty alerts), 605B (request by a match information completely, but Commission asked for comments on the consumer for blocking fraudulent rather to set forth the type of ability of service members to do so, information on consumer reports), and information that would allow the particularly if they already are 609(a)(1) (request by a consumer for agency to accurately find the right deployed. The Commission received Social Security number truncation on consumer’s file in its database, and as only a few responsive comments.62 The file disclosures) of the FCRA, as necessary, determine that the requester one comment on the issue from a amended by the Act. The Commission is in fact the consumer. military service branch indicated that its proposed that the rule would require Other commenters were concerned personnel likely would have access to consumer reporting agencies to develop that the rule not be used to make it more email, regular U.S. mail and/or a reasonable requirements to identify difficult for consumers to obtain the commercial phone line at least during a consumers in accordance with the risk requested services.67 Because the rule portion of the deployment. The of harm that may arise from a states that consumer reporting agencies Commission expects that the active duty misidentification, but which, at a ‘‘shall develop and implement alert may be renewed by using at least minimum, should be sufficient to match some of these communication consumers with their files. The 65 See, e.g., Consumer Bankers Association Commission also proposed examples of #000007 (‘‘The Proposed Rule requires consumer methods.63 the kind of information that it might be reporting agencies to ‘develop and implement reasonable to request to match reasonable requirements for what information months, many do not. We believe that the agency consumers shall provide to constitute proof of should prescribe flexibility for those cases where a consumers with their files as well as for identity.’ We commend the FTC for determining servicemember’s deployment extends beyond the additional identification. In developing that the consumer reporting agencies are in the best 12-month duration and broaden the definition of this proposal, the Commission position to determine what should suffice as ‘active duty alert.’ We suggest that the rule be determined that the central ‘appropriate proof of identity’ in these written to allow a servicemember to place an alert circumstances. Like the FTC, we believe that the from 12 to 24 months or, in the alternative, allow consideration was the balance between consumer reporting agencies are best equipped to the servicemember to place an alert for the expected the harm to the consumer that might evaluate the risks of misidentifying the consumer as term of his or her tour of duty.’’). arise from inadequate identification well as the types of information that would be 61 The Commission notes that although the Act is with the harm that might arise from necessary to identify the consumer properly. silent on the placement of subsequent alerts, it Therefore, we urge the FTC retain this approach in would be illogical to read the Act otherwise because delayed or failed fulfillment of the Final Rule.’’). service members may go on deployments that meet requested services due to greater levels 66 See, e.g., Sprint Corporation #EREG–000013 the elements of the definition of the term ‘‘active of scrutiny. Because the Commission (‘‘The Commission should make clear that when a duty military consumer’’ several times during their considered that the risk of harm may file match process is used, it is not requiring that service careers. there be a ‘full match.’ For example, a consumer 62 differ depending on a variety of factors See, e.g., Office of the Judge Advocate General, 64 may provide his address as 143rd. yet other records Department of the Navy #000011 (‘‘Navy personnel including the service being requested, may identify the address as 143rd Street or Terrace. on extended deployments will in most it sought to develop a standard of proof Similar variances or even keystroke errors can occur circumstances have access to Email, regular U.S. that had sufficient flexibility to with street numbers and customer names. If a 100 Mail and/or a commercial phone line at least during accommodate these differences. percent match were required, a high percentage of a portion of the deployment. Assuming one of these requests would likely be rejected by automated methods of communication will be sufficient to Moreover, the Commission viewed the systems and fall out for manual processing, which establish or extend an active duty alert then it consumer reporting agencies as being in would entail length delays and add significant should not be difficult for a service member to costs. The Commission should make clear that it is accomplish. Additionally, deploying units to contact one of the consumer reporting agencies not requiring reporting agencies and information frequently hold pre-deployment briefings at which when placing an active duty alert. Under section furnishers to use, build or modify systems requiring deploying personnel can be briefed on the active 605A of the FCRA, the contacted consumer a 100 percent match with no variance allowed, if duty alert and the option of identifying a personal reporting agency must refer the request for they use a file match process.’’). representative capable of extending the active duty placement to the other nationwide consumer 67 See, e.g., Consumers Union #EREG–000002 alert if it becomes necessary.’’); Michigan Credit reporting agencies. 15 U.S.C. 1681c–1. (‘‘Consumer advocates are concerned that CRAs Union League #EREG–000024 (‘‘If necessary, we 64 For example, given the function of fraud alerts and, in particular, furnishers may insist on don’t believe that it would be difficult to extend an in preventing identity theft, they need to be placed heightened identification requirements in order to active duty alert, since part of the process of being without delay, yet they seem unlikely to be placed make it more difficult to access the rights conferred called to active duty often requires a service person by someone other than the consumer or without on identity theft victims by Congress. To prevent to designate a person as their power of attorney. If authorization from the consumer. Thus, unless this undesirable outcome, while still preserving the active duty is going to be extended, then the these circumstances were to change, it would not flexibility, the rule itself should prohibit excessive service person or a designated power of attorney seem necessary to require more identification than identification standards. For placing an alert, and could request an extension.’’); and Consumers is needed to match the consumer’s file. With for trade line blocking, the rule should prohibit Union #EREG–000002 (‘‘It will be difficult for some. respect to requests for removal of fraud alerts, requiring more information than the level of While many service members do have a personal however, there would seem to be some incentive for information sufficient to enable the consumer representative, others, particularly those without someone other than the consumer, such as an reporting agency to match consumers with their spouses, may not wish to give another person identity thief, to remove them. A delay due to files. The amount of identifying information must access to their credit record.’’). greater scrutiny of the requester would likely cause not be more than is reasonably necessary in light 63 Communication also should be made easier for less harm than an improper removal, and would of the risk to the consumer of a delay in the exercise deployed service members because they only need thus justify greater proof of identity. 69 FR 23374. of an identity theft prevention right.’’).

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reasonable requirements for what of fraud alert placement and fraudulent information may be necessary to find a information consumers shall provide,’’ information blocking existing prior to consumer’s file. the Commission believes that this the Act, the Commission saw no Except for the changes to the required element of reasonableness, evidence of consumer confusion in the examples referenced above, the taken together with the examples of standards of identification different Commission makes no changes to the types of reasonable information, will consumer reporting agencies selected. rule or the examples. limit the likelihood that a consumer One standard could also lead to III. Final Regulatory Flexibility reporting agency would make consumers being asked for too much Analysis identification unduly difficult for information in order that every The Regulatory Flexibility Act consumers. consumer reporting agency satisfy the (‘‘RFA’’), 5 U.S.C. 601–612, requires that Commenters also were concerned standard of the one consumer reporting about the reasonableness of allowing the Commission provide an Initial agency that needed the most Regulatory Flexibility Analysis consumers to be asked to provide their information due to its particular full Social Security numbers.68 The (‘‘IRFA’’) with a proposed rule and a circumstances. Commission believes it is reasonable for Final Regulatory Flexibility Analysis consumer reporting agencies to request One commenter requested (‘‘FRFA’’), if any, with the final rule, the full Social Security number if they clarification of ‘‘current methods of unless the Commission certifies that the determine it to be necessary. Consumer authentication’’ in paragraph (b)(2).71 rule will not have a significant reporting agencies already have the full The Commission used the term economic impact on a substantial number so the risk that accompanies a ‘‘current’’ to demonstrate that number of small entities (i.e., in general, new disclosure is minimal. authentication methods may change those with less than $6,000,000 in Furthermore, because names, addresses, over time and the examples should be average annual receipts). 5 U.S.C. 603– and birth dates are not always unique to sufficiently flexible to adapt 605. a consumer, full Social Security accordingly. However, to avoid The Commission hereby certifies that numbers may be necessary to ensure confusion, the Commission has deleted the final rules will not have a significant that consumer reporting agencies match the word ‘‘current.’’ economic impact on a substantial number of small entities. The final rules the consumer with the correct file. Some commenters requested that Moreover, the use of partial Social apply to consumer reporting agencies, additional types of information be Security numbers may not provide including agencies that are small added to the examples.72 It was not the sufficient accuracy when an agency is entities, if any; persons that furnish Commission’s intention to specify every working with a large database. information to consumer reporting Some commenters were concerned form of authentication that a consumer agencies (‘‘information furnishers’’), that differing standards of identification reporting agency could use. Rather, the including persons that are small would lead to confusion 69 or delays in intent was to distinguish the type of entities, if any; and to users of consumer service.70 Under the voluntary systems information that might be sufficient for reports who are seeking to extend credit finding consumers’ files from the type of to consumers, including users that are 68 See, e.g., Consumers Union #EREG–000002 information that could prove that the small entities, if any. The Commission (‘‘We are strongly opposed to the portion of the consumers are who they purport to be. has concluded that currently there are example which suggests that it is appropriate to Therefore, the Commission does not no nationwide consumer reporting require a consumer who has been a victim of identity theft to provide the full nine digits of the deem it necessary to include additional agencies that are small entities (with Social Security Number. Matching requirements for authentication methods. However, in less than $6 million in average annual consumers to exercise their identity theft paragraph (b)(1), the Commission has receipts). In the NPRM, the Commission prevention rights under FACTA should be no more stated that a precise estimate of the stringent than the level of matching which the added the language ‘‘current and/or CRAs require from users of credit files. Consumers recent’’ before ‘‘full address’’ to make number of small entities that are other are understandably reluctant to give their Social clear that consumer reporting agencies consumer reporting agencies (with less Security Numbers. Consumers who have been may request additional addresses for than $6 million in average annual victims or who are concerned about becoming receipts) and users of consumer reports victims of identity theft may be even more consumers who have recently relocated concerned about safeguarding this number. If a CRA as it may be less apparent that such within the meaning of the proposed or furnisher is permitted to request a Social rules was not currently feasible. In the Security Number at all (to place an alert or a block), The Act requires nationwide consumer reporting NPRM, therefore, the Commission asked it should be limited to the last four digits of the several questions related to the Social Security Number, rather than the entire agencies to refer fraud alerts to each other for number.’’). placement in a consumer’s report. The Commission existence, number and nature of small 69 See, e.g., Equifax Information Systems #000023 does not believe that it is necessary for the final rule business entities covered by the (‘‘Allowing adjustments commensurate with the to determine how these consumer reporting agencies comply with this requirement of the Act. proposed rules, as well as the economic risk of harm allows too much leeway and could impact of the proposed rules on such result in different standards and risk evaluations by The Commission considers that the final rule nationwide consumer reporting agencies and data provides these consumer reporting agencies with entities. The Commission received no furnishers. One data furnisher or nationwide the necessary flexibility to comply, and expects that comments responsive to these consumer reporting agency may accept the proof of they will select the correct standard of identification to ensure their compliance, or modify questions. Thus, the Commission has identity and the others not, resulting in confusion been unable to determine precisely how to consumers and the system.’’). the standard as necessary should they be found to 70 See, e.g., Consumers Union #EREG–000002 be out of compliance. many, if any, consumer reporting (‘‘This approach may defeat the FACTA goal of 71 Consumer Data Industry Association #000009 agencies, information furnishers, and permitting consumers to request an alert from one (‘‘It is unclear what is meant by ‘current’ users of consumer reports are small methods.’’). of the three major credit reporting agencies, and entities within the meaning of the final have that alert forwarded to the additional agencies. 72 See, e.g., Consumer Data Industry Association If each agency has a different set of identification #000009 (‘‘CDIA also suggests that the final rule rules. Based on its own experience and requirements, how will referral of fraud alert include as examples of alternative proof of identity knowledge of industry practices and requests work? The statutory goal cannot be served copies of pay stubs and W–2 forms.’’) and members, however, the Commission if the request is made, but is not honored, because TransUnion LLC #000018 (‘‘* * * we ask that a believes that although there may be a of differing identification requirements among consumer’s previous address (if the consumer has CRAs. In that situation ‘one call’ doesn’t ‘do it resided at the present address for less than two number of small entities among the all.’’’). years) be an example of appropriate information.’’). other consumer reporting agencies,

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information furnishers and the users of which defines the term ‘‘identity theft entities, if any. In the NPRM, the consumer reports, and the economic report’’ and establishes that it may Commission stated that a precise impact of the final rules on a particular include additional information or estimate of the number of small entities small entity could be significant, overall documentation to help information that are consumer reporting agencies the final rules likely will not have a furnishers or consumer reporting (with less than $6 million in average significant economic impact on a agencies determine the validity of the annual receipts) and users of consumer substantial number of small entities. alleged identity theft, could apply to reports within the meaning of the The Commission believes further that small entities, if any. As proposed in the proposed rules was not currently the regulations will have a minimal NPRM, the request, if any, for additional feasible. The Commission, however, impact on small entities because the information would have to have been invited comment and information on regulations give these entities flexibility made no later than five business days this issue. No comments addressed this to adapt their existing requirements to after the date of receipt of the report or issue, and no information with respect ensure that they are providing correctly the request by the consumer for a to small entities that might be affected the services requested by consumers. particular service, whichever came later. by the rules was provided. Thus, based Accordingly, this document serves as A few commenters questioned certain on the lack of response to its request for notice to the Small Business aspects of the process for requesting comments, the Commission has been Administration of the agency’s additional information set forth in unable to determine precisely how certification of no effect. Nonetheless, § 603.3, and they directly commented many, if any, consumer reporting the Commission has determined to on the potential impact of the process agencies, information furnishers and publish a Final Regulatory Flexibility on small entities, if any. For example, users of consumer reports are small Analysis with the final rules. Therefore, the commenters stated that a small entities within the meaning of the final the Commission has prepared the business may need more than five rules.74 following analysis: business days to request additional D. Projected Reporting, Recordkeeping A. Need for and Objectives of the Rule information from a consumer, especially and Other Compliance Requirements in light of the potential increase in the The Fair and Accurate Credit number of identity theft reports that will In the NPRM, the Commission Transactions Act of 2003, Pub. L. 108– be received by small businesses, which tentatively determined that with respect 159, 117 Stat. 1952 (FACT Act or the may have limited staffing and hours of to small entities, if any, the proposed Act), directs the Commission to adopt operation. Specifically, the commenters rules did not include a collection of rules to establish: (1) Definitions for the indicated that a small business may information subject to the Paperwork terms ‘‘identity theft’’ and ‘‘identity need more than five business days to Reduction Act of 1995 (44 U.S.C. 3501; theft report;’’ (2) the duration of an receive an identity theft report, process 5 CFR 1320). The rules do contain ‘‘active duty alert;’’ and (3) the it, review its contents, and search its collections of information affecting appropriate proof of identity for files to determine whether it needs individual consumers and those purposes of sections 605A (fraud alerts additional information from a activities have been separately approved and active duty alerts), 605B (consumer consumer.73 In this Statement of Basis under the Act, as described in section report information blocks), and 609(a)(1) and Purpose, the Commission has IV, infra. The Commission, however, (truncation of Social Security numbers) explained its consideration of and sought comment on any paperwork of the FCRA, as amended by the Act. In response to those comments. The burden that the proposed rules may this action, the Commission Commission has made certain changes impose on small entities to ensure that promulgates final rules to fulfill the in § 603.3 of the final rules that should no burden had been overlooked. No statutory mandate. The rules are further minimize its impact on all comments addressed this issue. authorized by and based upon sections information furnishers and consumer Accordingly, the Commission has 111 and 112 of the FACT Act. reporting agencies, which would determined that with respect to small B. Significant Issues Raised by Public include those, if any, that may be small entities, if any, the final rules do not Comment entities. These changes, which provide include a collection of information subject to the Paperwork Reduction Act The Commission received no public information furnishers or consumer reporting agencies with additional of 1995. comments on the specific impact, if any, The Commission recognizes, however, of the rules on small entities. As opportunities, over a longer period of time than originally proposed (30 days), that consumer reporting agencies, explained above, the Commission has information furnishers and users of been unable to determine precisely how to request more information from consumers, are explained above in the consumer reports, including those that many, if any, consumer reporting might be small entities, if any, may agencies, information users, and users of discussion of the revisions made to § 603.3 of the rules. incur some indirect, incidental expenses consumer reports are small entities associated with the regulatory scheme within the meaning of the final rules. C. Small Entities to Which the Rules established by the rules. Most of these Overall, however, the Commission Will Apply expenses will be in the form of printing, believes that the final rules likely will not have a significant economic impact As described above, the final rules apply to consumer reporting agencies, 74 In addition, to the extent the rules may on a substantial number of small indirectly affect small governmental jurisdictions entities. Furthermore, as discussed including agencies that are small (e.g., local police departments that may provide below, the Commission has determined entities, if any; information users, reports about identity theft to consumers), which that with respect to small entities, if including agencies that are small are defined as small entities pursuant to the RFA entities, if any; and to users of consumer (5 U.S.C. 601(5)), the U.S. Census Bureau’s any, the final rules do not include a Governments Integrated Directory as enumerated for collection of information requirement reports, including users that are small the 2002 Census of Governments, suggests there are subject to the Paperwork Reduction Act approximately 85,000 such jurisdictions 73 See, e.g., Coalition to Implement the Fact Act nationwide. It is not feasible, however, for the of 1995. #000019, the Michigan Credit Union League Commission to estimate precisely how many, if any, The Commission, however, has #EREG–000024, America’s Community Bankers of these jurisdictions may provide reports about considered that § 603.3 of the rules, #000024, and the Juniper Bank #000026. identity theft to consumers.

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copying, mailing and filing costs V. Final Rules information furnisher or consumer associated with processing and reporting agency reasonably requests for List of Subjects in 16 CFR Parts 603, the purpose of determining the validity reviewing identity theft reports, 613, and 614 validating the information received from of the alleged identity theft, provided consumers, and requesting additional Fair Credit Reporting Act, Consumer that the information furnisher or information from consumers, if reports, Consumer reporting agencies, consumer reporting agency: necessary, to determine the validity of Credit, Information furnishers, Identity (i) Makes such request not later than the alleged identity theft or the theft, Trade practices. fifteen days after the date of receipt of consumer’s proof of identity. It is not I Accordingly, for the reasons set forth the copy of the report form identified in feasible for the Commission to estimate in the preamble, the Commission paragraph (a)(2) of this section or the precisely such expenses without amends title 16 of the Code of Federal request by the consumer for the information regarding the volume of the Regulations as follows: particular service, whichever shall be I the later; aforementioned activities. It is likely, 1. Add part 603 to read as follows: (ii) Makes any supplemental requests however, that some of the PART 603—DEFINITIONS for information or documentation and aforementioned expenses would be final determination on the acceptance of Sec. incurred anyway in the ordinary course the identity theft report within another of business. 603.1 [Reserved] 603.2 Identity theft. fifteen days after its initial request for E. Steps Taken To Minimize Significant 603.3 Identity theft report. information or documentation; and (iii) Shall have five days to make a Economic Impact of the Rules on Small Authority: Pub. L. 108–159, sec 111; 15 Entities U.S.C. 1681a. final determination on the acceptance of the identity theft report, in the event The Commission invited comment § 603.1 [Reserved] that the consumer reporting agency or and information with regard to (1) the information furnisher receives any such § 603.2 Identity theft. existence of small business entities for additional information or which the proposed rules would have a (a) The term ‘‘identity theft’’ means a documentation on the eleventh day or significant economic impact; and (2) fraud committed or attempted using the later within the fifteen day period set suggested alternative methods of identifying information of another forth in paragraph (a)(3)(ii) of this person without authority. compliance that, consistent with the section. (b) The term ‘‘identifying statutory requirements, would reduce (b) Examples of the specificity information’’ means any name or referenced in paragraph (a)(1) of this the economic impact of the rules on number that may be used, alone or in such small entities. section are provided for illustrative conjunction with any other information, purposes only, as follows: The Commission received no to identify a specific person, including (1) Specific dates relating to the information or suggestions in response any— identity theft such as when the loss or to these questions. As explained above, (1) Name, social security number, date theft of personal information occurred however, the Commission has written of birth, official State or government or when the fraud(s) using the personal the final rules, and made certain issued driver’s license or identification information occurred, and how the changes to the final rules, to minimize number, alien registration number, consumer discovered or otherwise their impact on all entities that are government passport number, employer learned of the theft. subject to the rules, including small or taxpayer identification number; (2) Identification information or any (2) Unique biometric data, such as entities, if any, that may be subject to other information about the perpetrator, fingerprint, voice print, retina or iris the rules. For example, the Commission if known. image, or other unique physical has written the final rules to provide (3) Name(s) of information representation; information furnishers or consumer furnisher(s), account numbers, or other (3) Unique electronic identification relevant account information related to reporting agencies with additional number, address, or routing code; or opportunities, over a longer period of (4) Telecommunication identifying the identity theft. time than originally proposed (30 days), information or access device (as defined (4) Any other information known to to request more information from in 18 U.S.C. 1029(e)). the consumer about the identity theft. consumers. (c) Examples of when it would or § 603.3 Identity theft report. would not be reasonable to request IV. Final Paperwork Reduction Act (a) The term ‘‘identity theft report’’ additional information or Analysis means a report— documentation referenced in paragraph (a)(3) of this section are provided for In accordance with the Paperwork (1) That alleges identity theft with as illustrative purposes only, as follows: Reduction Act, as amended, 44 U.S.C. much specificity as the consumer can provide; (1) A law enforcement report 3501 et seq., the Commission submitted (2) That is a copy of an official, valid containing detailed information about the proposed rules to the Office of report filed by the consumer with a the identity theft and the signature, Management and Budget (‘‘OMB’’) for Federal, State, or local law enforcement badge number or other identification review. The OMB has approved the agency, including the United States information of the individual law rules’ information collection Postal Inspection Service, the filing of enforcement official taking the report requirements through June 30, 2007, which subjects the person filing the should be sufficient on its face to and has assigned OMB control number report to criminal penalties relating to support a victim’s request. In this case, 3084–0129. The Commission did not the filing of false information, if, in fact, without an identifiable concern, such as receive any comments relating to its the information in the report is false; an indication that the report was original burden estimates for the rules’ and fraudulent, it would not be reasonable information collection requirements. (3) That may include additional for an information furnisher or information or documentation that an consumer reporting agency to request

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additional information or (1) Ensure that the information is and proposes no changes to the documentation. sufficient to enable the consumer proposed rule. The proposed rule is (2) A consumer might provide a law reporting agency to match consumers therefore issued as final. enforcement report similar to the report with their files; and EFFECTIVE DATE: This rule is effective on in paragraph (c)(1) of this section but (2) Adjust the information to be November 3, 2004. certain important information such as commensurate with an identifiable risk ADDRESSES: Persons wishing to make the consumer’s date of birth or Social of harm arising from misidentifying the requests for information under these Security number may be missing consumer. regulations should address such because the consumer chose not to (b) Examples of information that requests to: Margaret P. Grafeld, provide it. The information furnisher or might constitute reasonable information Director, Office of Information Programs consumer reporting agency could accept requirements for proof of identity are and Services, U.S. Department of State, this report, but it would be reasonable provided for illustrative purposes only, SA–2, 515 22nd St., NW., Washington, to require that the consumer provide the as follows: DC 20522–6001. Tel: 202–261–8300; missing information. (1) Consumer file match: The FAX: 202–261–8590. (3) A consumer might provide a law identification information of the Persons with access to the Internet enforcement report generated by an consumer including his or her full name may also view this notice by going to automated system with a simple (first, middle initial, last, suffix), any the regulations.gov Web site at http:// allegation that an identity theft occurred other or previously used names, current www.regulations.gov/index.cfm. to support a request for a tradeline block and/or recent full address (street FOR FURTHER INFORMATION CONTACT: or cessation of information furnishing. number and name, apt. no., city, state, Margaret P. Grafeld, Director, Office of In such a case, it would be reasonable and zip code), full 9 digits of Social Information Programs and Services, U.S. for an information furnisher or Security number, and/or date of birth. Department of State, SA–2, 515 22nd consumer reporting agency to ask that (2) Additional proof of identity: St., NW., Washington, DC 20522–6001. the consumer fill out and have notarized copies of government issued Tel: 202–261–8300; FAX: 202–261– the Commission’s ID Theft Affidavit or identification documents, utility bills, 8590. a similar form and provide some form and/or other methods of authentication SUPPLEMENTARY INFORMATION: The of identification documentation. of a person’s identity which may Department’s proposed rule was (4) A consumer might provide a law include, but would not be limited to, published as Public Notice 4653 at 69 enforcement report generated by an answering questions to which only the FR 16841–16853 on March 31, 2004, automated system with a simple consumer might be expected to know with a 90-day public comment period. allegation that an identity theft occurred the answer. The Department received one non- to support a request for an extended By direction of the Commission. substantive comment regarding Reading fraud alert. In this case, it would not be Donald S. Clark, Room hours of operation, which was reasonable for a consumer reporting Secretary. satisfied by the availability of the agency to require additional Department’s FOIA Web site 24 hours a documentation or information, such as [FR Doc. 04–24589 Filed 11–2–04; 8:45 am] BILLING CODE 6750–01–P day. Additionally, while the Department a notarized affidavit. does not accept FOIA requests via e- I 2. Add Part 613 to read as follows: mail, we are beginning to accept requests via our Web site. PART 613—DURATION OF ACTIVE DEPARTMENT OF STATE The Freedom of Information Act DUTY ALERTS 22 CFR Part 171 (FOIA), the Privacy Act (PA), and Sec. certain portions of the Ethics in 613.1 Duration of active duty alerts. [Public Notice 4841] Government Act and Executive Order 12958, as amended, provide for access Authority: Pub. L. 108–159, sec. 112(a); 15 RIN 1400–AB85 by the public to records of executive U.S.C. 1681c–1. Availability of Information to the Public branch agencies, subject to certain § 613.1 Duration of active duty alerts. restrictions and exemptions. 22 CFR The duration of an active duty alert AGENCY: State Department. part 171 sets forth the Department’s shall be twelve months. ACTION: Final rule. regulations implementing the access provisions of those statutes and the I 3. Add Part 614 to read as follows: SUMMARY: This rule makes final the Executive Order. Since the last PART 614—APPROPRIATE PROOF OF Department’s proposed rule published publication of the regulations in the IDENTITY on March 31, 2004. The rule revises the 1980’s, there have been significant Department’s regulations governing changes in the law governing access to Sec. access by the public to information that government information by the public, 614.1 Appropriate proof of identity. is under the control of the Department particularly with respect to the FOIA Authority: Pub. L. 108–159, sec. 112(b). in order to reflect changes in the and the Executive Order. In addition, provisions of basic underlying laws and certain court decisions have been § 614.1 Appropriate proof of identity. executive orders pertaining to access to rendered that affect such access (a) Consumer reporting agencies shall information (i.e., the Freedom of provisions. develop and implement reasonable Information Act, the Privacy Act, A major revision of the Freedom of requirements for what information Executive Order 12958 on National Information Act was enacted in 1996, consumers shall provide to constitute Security Information, the Ethics in the so-called Electronic Freedom of proof of identity for purposes of sections Government Act) and in the Information Act. The changes effected 605A, 605B, and 609(a)(1) of the Fair Department’s procedures since the last by the Electronic Freedom of Credit Reporting Act. In developing revision of the Department’s regulations Information Act amendments of 1996 these requirements, the consumer on this subject. The Department included provisions with respect to the reporting agencies must: received one non-substantive comment, form in which agencies are required to

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provide requested information, Subpart D—Privacy Act Provisions abroad by U.S. Foreign Service posts to circumstances that warrant exceptions 171.30 Purpose and scope. U.S citizens, and records on Department to time limits on responding to requests, 171.31 Definitions. employees. Further information on the situations in which expedited 171.32 Request for access to records. types of records maintained by the processing of requests is warranted, and 171.33 Request to amend or correct records. Department may be obtained by certain reporting requirements. In the 171.34 Request for an accounting of record reviewing the records disposition case of the requests by the public for disclosures. schedules which are available through 171.35 Denials of requests; appeals. declassification of national security 171.36 Exemptions. the Department’s Web site: http:// information, several executive orders www.state.gov or directly at the FOIA have been promulgated since the Subpart E—Ethics in Government home page: http://foia.state.gov. Department regulations were last Provisions § 171.3 Public reading room. amended. Executive Order 12958, 171.40 Purpose and scope. issued in 1995 and most recently and 171.41 Covered employees. A reading room providing public most substantially amended by 171.42 Requests and identifying access to certain Department of State information. Executive Order 13292 of March 28, material is located in the Department of 171.43 Time limits and fees. State, SA–2, 515 22nd Street, NW., 2003, effected changes in the provisions 171.44 Improper use of reports. governing mandatory declassification Washington, DC. The reading room review as well as access to agency Subpart F—Appeals Procedures contains material pertaining to access to records by historical researchers and 171.50 Appeals of denials of expedited information under the Freedom of Information Act, Privacy Act, E.O. certain former government personnel. processing. 12958 and includes those statutes, The final regulations take account of 171.51 Appeals of denials of fee waivers or reductions. regulations, guidelines, and other items these changes and other changes in the 171.52 Appeals of denials of access to, required to be made available to the law, principally by way of court declassification of, amendment of, or public under 5 U.S.C. 552(a)(2). Also decisions, as well as changes in the accounting of disclosures of records. available in the reading room are Department’s procedures designed to Authority: 22 U.S.C. 552, 552a; Ethics in microfiches of records released by the implement them. Government Act of 1978, Pub. L. 95–521, 92 Department pursuant to requests under List of Subjects in 22 CFR Part 171 Stat. 1824, as amended; E.O. 12958, as the Freedom of Information Act and amended, 60 FR 19825, 3 CFR, 1995 Comp., Administrative practice and compilations of documents reviewed p. 333; E.O. 12600, 52 FR 23781, 3 CFR, 1987 and released in certain special projects. procedure, Confidential business Comp., p. 235. information, Freedom of information, The reading room is open during normal Privacy. Subpart A—General Policy and Department weekday working hours, 8:15 a.m. to 5 p.m. There are no fees for I Procedures Chapter 1 of Title 22 of the Code of access by the public to this room or the Federal Regulations is amended by § 171.1 Availability of information. material contained therein, but fees revising part 171 to read as follows: Records of the Department of State shall be assessed for the duplication of PART 171—AVAILABILITY OF shall be made available to the public materials maintained in the reading INFORMATION AND RECORDS TO upon request made in compliance with room at the rate of 15 cents per page and THE PUBLIC the access procedures established in this $2.00 per microfiche card. Fees for part, except for any records exempt by copies made by other methods of Subpart A—General Policy and Procedures law from disclosure. Any request for reproduction or duplication, such as Sec. records must describe the information tapes, printouts, or CD–ROM, shall be 171.1 Availability of information. sought in such a way (see § 171.5(c)) the actual cost of producing the copies, 171.2 Types of records maintained. that an employee of the Department of including operator time. Persons 171.3 Public reading room. State who is familiar with the subject wishing to use their own copying 171.4 Electronic reading room. area of the request can locate the records equipment must request approval in 171.5 Requests for information—types and with a reasonable amount of effort. The advance from the Department’s how made. 171.6 Archival records. sections that follow govern the response Information and Privacy Coordinator, of the Department to requests for U.S. Department of State, SA–2, 515 Subpart B—Freedom of Information Act information under the Freedom of 22nd Street, NW., Washington, DC Provisions Information Act, the Privacy Act, 20522–6001. The use of such equipment 171.10 Purpose and scope. Executive Order 12958, and the Ethics must be consistent with security 171.11 Definitions. in Government Act. Regulations at 22 regulations of the Department and is 171.12 Processing requests. CFR 172.1–9 govern the response of the subject to the availability of personnel 171.13 Business information. Department to subpoenas, court orders, to monitor such copying. 171.14 Fees to be charged—general. and certain other requests for testimony 171.15 Fees to be charged—categories of § 171.4 Electronic reading room. requesters. of Department officials or disclosure of 171.16 Miscellaneous fee provisions. Department records in litigation to The Department has established a site 171.17 Waiver or reduction of fees. which the Department is not a party. on the Internet with most of the same records and reference materials that are Subpart C—Executive Order 12958 § 171.2 Types of records maintained. available in the public reading room. Provisions Most of the records maintained by the This site also contains information on 171.20 Definitions. Department pertain to the formulation accessing records under the FOIA and 171.21 Declassification review. and execution of U.S. foreign policy. the Privacy Act. The site is a valuable 171.22 Appeals. Certain records that pertain to source that is easily accessed by the 171.23 Declassification in the public interest. individuals are also maintained such as public by clicking on ‘‘FOIA’’ at the 171.24 Access by historical researchers and applications for U.S. passports, Department’s Web site at http:// certain former government personnel. applications for visas to enter the U.S., www.state.gov or directly at the FOIA 171.25 Applicability of other laws. records on consular assistance given home page at http://foia.state.gov.

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Included on the FOIA home page are the Department of State in particular § 171.11 Definitions. links to other sites where Department (see subpart B of this part). As used in this subpart, the following information may be available. The (2) E.O. 12958. Requests for definitions shall apply: Department’s Privacy Act systems of mandatory review and declassification (a) Freedom of Information Act or records and the various records of specific Department records and FOIA means the statute codified at 5 disposition schedules may be found on requests for access to such records by U.S.C. 552, as amended. the Department’s FOIA home page historical researchers and certain former (b) Department means the United under ‘‘Reference Materials.’’ government officials (see subpart C of States Department of State, including its this part). field offices and Foreign Service posts § 171.5 Requests for information—types (3) Privacy Act. Requests from U.S. abroad; and how made. citizens or legal permanent resident (c) Agency means any executive (a) Requests for records in accordance aliens for records that pertain to them department, military department, with this chapter may be made by mail and that are maintained by the Government corporation, Government addressed to the Information and Department under the individual’s controlled corporation, or other Privacy Coordinator, U.S. Department of name or personal identifier (see subpart establishment in the executive branch of State, SA–2, 515 22nd Street, NW., D of this part). the government (including the Washington, DC 20522–6001. Facsimile (4) Ethics in Government Act. Executive Office of the President), or requests under the FOIA only may be Requests for the financial Disclosure any independent regulatory agency; sent to: (202) 261–8579. E-mail requests Statements of Department Employees (d) Information and Privacy cannot be accepted at this time. covered by this Act (see subpart E of Coordinator means the Director of the Requesters are urged to indicate clearly this part). Department’s Office of Information on their requests the provision of law (e) First-in/first-out processing. As a Programs and Services (IPS) who is under which they are requesting general matter, information access responsible for processing requests for information. This will facilitate the requests are processed in the order in access to information under the FOIA, processing of the request by the which they are received. However, if the the Privacy Act, E.O. 12958, and the Department. In any case, the request is specific and the search can be Ethics in Government Act; (e) Record means all information Department will process the request narrowed, it may be processed more under the control of the Department, under the provision of law that provides quickly. including information created, stored, the greatest access to the requested (f) Cut-off date. In determining which and retrievable by electronic means, records. records are responsive to a request, the regardless of physical form or (b) Requests may also be made by the Department ordinarily will include only characteristics, made in or received by public in person from 8:15 a.m. to 5 records in its possession as of the date the Department and preserved as p.m. at the Department of State, SA–2, the search for responsive documents is evidence of the organization, functions, initiated, unless the requester has 515 22nd Street, NW., Washington, DC. policies, decisions, procedures, specified an earlier time frame. (c) Although no particular request operations or other activities of the (g) Records previously withheld or in format is required, it is essential that a Department or because of the litigation. Requests shall not be request reasonably describe the informational value of the data processed for records that have been Department records that are sought. The contained therein. It includes records of reviewed and withheld within the past burden of adequately identifying the other Government agencies that have record requested lies with the requester. two years or whose withholding is the been expressly placed under the control Requests should be specific and include subject of litigation. of the Department upon termination of all pertinent details about the request. § 171.6 Archival records. those agencies. It does not include For FOIA requests, the request should personal records created primarily for include the subject, timeframe, any The Department ordinarily transfers records to the National Archives when the personal convenience of an individuals involved, and reasons why individual and not used to conduct the Department is believed to have they are 25 years old. Accordingly, requests for records 25 years old or Department business and not integrated records on the subject of the request. For into the Department’s record keeping Privacy Act requests, the request should older should be addressed to: Archives II, 8601 Adelphi Road, National system or files. It does not include state the type of records sought, the records that are not already in existence complete name and date and place of Archives at College Park, MD 20470– 6001. and that would have to be created birth of the subject of the request, and specifically to meet a request. However, the timeframe for the records. An Subpart B—Freedom of Information information available in electronic form original signature is required. See Act Provisions shall be searched and compiled in § 171.12(b) for guidance regarding third response to a request unless such search party requests. Individuals may seek § 171.10 Purpose and scope. and compilation would significantly assistance regarding any aspect of their This subpart contains the rules that interfere with the operation of the requests from the Chief, Requester the Department follows under the Department’s automated information Liaison Division, (202) 261–8484. Freedom of Information Act (FOIA), 5 systems. (d) While every effort is made to U.S.C. 552. The rules should be read (f) Control means the Department’s guarantee the greatest possible access to together with the FOIA which provides legal authority over a record, taking into all requesters regardless of the specific additional information about access to account the ability of the Department to statute under which the information is records and contains the specific use and dispose of the record as it sees requested, the following guidance is exemptions that are applicable to fit, to legally determine the disposition provided for individuals in requesting withholding information. Privacy Act of a record, the intent of the record’s records: records determined to be exempt from creator to retain or relinquish control (1) Freedom of Information Act. disclosure under the Privacy Act are over the record, the extent to which Requests for documents concerning the processed as well under the FOIA and Department personnel have read or general activities of government and of are subject to this subpart. relied upon the record, and the degree

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to which the record has been integrated a requester belongs within this category, proof that the individual is deceased into the Department’s record keeping the Department will look at the use to (e.g., death certificate or obituary). system or files. which the requester will put the (b) Expedited processing. Requests (g) Direct costs means those costs the information requested. and appeals shall be taken out of order Department incurs in searching for, (m) Educational institution means a and given expedited treatment duplicating, and, in the case of preschool, a public or private whenever a requester has demonstrated commercial requests, reviewing elementary or secondary school, an that a ‘‘compelling need’’ for the documents in response to a FOIA institution of undergraduate or graduate information exists. A request for request. The term does not include higher education, an institution of expedited processing may be made at overhead expenses. professional education, or an institution the time of the initial request for records (h) Search costs means those costs the of vocational education, that operates a or at any later time. The request for Department incurs in looking for, program or programs of scholarly expedited processing shall set forth with identifying, and retrieving material, in research. specificity the facts on which the paper or electronic form, that is (n) Non-commercial scientific request is based. A notice of the responsive to a request, including page- institution means an institution that is determination whether to grant by-page or line-by-line identification of not operated on a ‘‘commercial’’ basis, expedited processing shall be provided material within documents. The as that term is used in paragraph (l) of to the requester within 10 days of the Department shall attempt to ensure that this section and that is operated solely date of the receipt of the request. A searching for material is done in the for the purpose of conducting scientific ‘‘compelling need’’ is deemed to exist most efficient and least expensive research, the results of which are not where the requester can demonstrate manner so as to minimize costs for both intended to promote any particular one of the following: (1) Failure to obtain requested the Department and the requester. product or industry. (i) Duplication costs means those information on an expedited basis could (o) Representative of the news media costs the Department incurs in copying reasonably be expected to: Pose an means any person actively gathering a requested record in a form appropriate imminent threat to the life or physical news for an entity that is organized and for release in response to a FOIA safety of an individual; impair operated to publish or broadcast news to request. Such copies may take the form substantial due process rights; or harm the public. The term news means of paper copy, microfiche, audio-visual substantial humanitarian interests. information that is about current events materials, or machine-readable (2) The information is urgently or that would be of current interest to electronic documentation (e.g., disk or needed by an individual primarily the public. News media include CD-ROM), among others. engaged in disseminating information in (j) Review costs means costs the television or radio stations broadcasting order to inform the public concerning Department incurs in examining a to the public at large and publishers of actual or alleged Federal Government record to determine whether and to periodicals (but only in those instances activity. News media requesters would what extent the record is responsive to when they can qualify as disseminators normally qualify; however, other the FOIA request and the extent to of ‘‘news’’) who make their products persons must demonstrate that their which it may be disclosed to the available for purchase by the general primary activity involves publishing or requester. It does not include costs of public. Freelance journalists may be otherwise disseminating information to resolving general legal or policy issues regarded as working for a news the public, not just a particular segment that may be raised by a request. organization if they can demonstrate, or group. (k) Unusual circumstances. As used such as by past publication, a likelihood (i) Urgently needed. The information herein, but only to the extent reasonably of publication through a representative has a particular value that will be lost necessary to the proper processing of of the news media, even though not if not disseminated quickly. Ordinarily the particular request, the term actually employed by it. this means a breaking news story of ‘‘unusual circumstances’’ means: (p) All other means an individual or general public interest. Information of (1) The need to search for and collect organization not covered by a definition historical interest only, or information the requested records from Foreign in paragraphs (l), (m), (n), or (o) of this sought for litigation or commercial Service posts or other separate and section. activities would not qualify, nor would distinct Department offices; § 171.12 Processing requests. a news media publication or broadcast (2) The need to search for, collect, and deadline unrelated to the breaking appropriately examine a voluminous The Information and Privacy nature of the story. amount of separate and distinct records Coordinator is responsible for acting on (ii) Actual or alleged Federal that are demanded in a single request; all initial requests except for requests Government activity. The information or for records coming under the concerns some actions taken, (3) The need for consultation with jurisdiction of the Bureau of Consular contemplated, or alleged by or about the another agency having a substantial Affairs, the Bureau of Diplomatic government of the United States, or one interest in the determination of the Security, the Bureau of Human of its components or agencies, including request or among two or more Resources, the Office of Medical the Congress. components of the Department that have Services, and the Office of the Inspector (c) Appeal of denial of expedited a substantial subject matter interest General. processing. Any denial of a request for therein. Such consultation shall be (a) Third party requests. Except for expedited processing may be appealed conducted with all practicable speed. requests under the Privacy Act by a in accordance with the appeal (l) Commercial use request means a parent of a minor or by a legal guardian procedure set forth in § 171.50. request from or on behalf of one who (§ 171.32(c)), requests for records (d) Time limits. The statutory time requests information for a use or pertaining to another individual shall be limit for responding to a FOIA request purpose that furthers the commercial, processed under the FOIA and must be or to an appeal from a denial of a FOIA trade, or profit interest of the requester accompanied by a written authorization request is 20 days. In unusual or the person on whose behalf the for access by the individual, notarized circumstances, as defined in § 171.11(k), request is made. In determining whether or made under penalty of perjury, or by the time limits may be extended by the

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Information and Privacy Coordinator for or record portions containing the submitter written notice, which shall not more than 10 days, excepting information. include: Saturdays, Sundays, or legal public (e) When notice is required. Notice (1) A statement of the reason why holidays. shall be given to a submitter whenever: each of the submitter’s disclosure (e) Multitrack processing. The (1) The information has been objections was not sustained; Department may use two or more designated in good faith by the (2) A description of the information to processing tracks by distinguishing submitter as information considered be disclosed; and between simple and more complex protected from disclosure under (3) A specified disclosure date, which requests based on the amount of work Exemption 4; or shall be a reasonable time subsequent to and/or time needed to process the (2) The Department has reason to the notice. request. The Department may provide believe that the information may not be (i) Notice of lawsuit. Whenever a requesters in a slower track an protected from disclosure under requester files a lawsuit seeking to opportunity to limit the scope of their Exemption 4. compel the disclosure of information, request in order to qualify for faster (f) When notice is not required. The the Department shall promptly notify processing. notice requirements of paragraphs (d) the submitter. (f) Form or format of response. The and (e) of this section shall not apply if: (j) Notice to requester. Whenever the Department provides a submitter with Department shall provide requested (1) The Department determines that notice and an opportunity to object to records in any form or format sought by the information should not be disclosed; disclosure under paragraph (d) of this the requester if the record is readily (2) The information lawfully has been section, the Department shall also notify reproducible in that form or format published or has been officially made the requester. Whenever the Department through reasonable efforts. available to the public; notifies a submitter of its intent to (3) Disclosure of the information is § 171.13 Business information. disclose requested information under required by statute (other than the (a) Business information obtained by paragraph (h) of this section, the FOIA) or by a regulation issued in the Department from a submitter will be Department shall also notify the accordance with the requirements of disclosed under the FOIA only in requester. Whenever a submitter files a Executive Order 12600; or compliance with this section. lawsuit seeking to prevent the (4) The designation made by the (b) Definitions. For purposes of this disclosure of business information, the submitter under paragraph (c) of this section: Department shall notify the requester. (1) Business information means section appears obviously frivolous— information obtained by the Department except that, in such a case, the § 171.14 Fees to be charged—general. from a submitter that arguably may be Department shall, within a reasonable The Department shall seek to charge exempt from disclosure as privileged or time prior to a specified disclosure date, fees that recoup the full allowable direct confidential under Exemption 4 of the give the submitter written notice of any costs it incurs in processing a FOIA FOIA. final decision to disclose the request. It shall use the most efficient (2) Submitter means any person or information. and least costly methods to comply with entity from which the Department (g) Opportunity to object to disclosure. requests for documents made under the obtains business information. The term The Department will allow a submitter FOIA. The Department will not charge includes corporations, partnerships, a reasonable time to respond to the fees to any requester, including sole proprietorships; State, local, and notice described in paragraph (d) of this commercial use requesters, if the cost of tribal governments; and foreign section and will specify that time period collecting a fee would be equal to or governments. in the notice. If a submitter has any greater than the fee itself. With the (c) Designation of business objection to disclosure, a detailed exception of requesters seeking information. A submitter of information written statement in support of the documents for a commercial use, the will use good-faith efforts to designate, objection must be submitted. The Department will provide the first two by appropriate markings, either at the statement must specify all grounds for hours of search time and the first 100 time of submission or at a reasonable withholding any portion of the pages of duplication without charge. By time thereafter, any portions of its information under any exemption of the making a FOIA request, the requester submission that it considers exempt FOIA and, in the case of Exemption 4, shall be considered to have agreed to from disclosure under Exemption 4. it must show why the information is a pay all applicable fees up to $25.00 These designations will expire ten years trade secret or commercial or financial unless a fee waiver has been granted. after the date of the submission unless information that is privileged or (a) Searches for responsive records. If the submitter requests, and provides confidential. In the event that a the Department estimates that the search justification for, a longer designation submitter fails to respond to the notice costs will exceed $25.00, the requester period. within the time specified in it, the shall be so notified. Such notice shall (d) Notice to submitters. The submitter will be considered to have no offer the requester the opportunity to Department shall provide a submitter objection to disclosure of the confer with Department personnel with with prompt written notice of a FOIA information. Information provided by a the object of reformulating the request to request or administrative appeal of a submitter under this paragraph may meet the requester’s needs at a lower denial of such a request that seeks its itself be subject to disclosure under the cost. The request shall not be processed information whenever required under FOIA. further unless the requester agrees to paragraph (e) of this section, except as (h) Notice of intent to disclose. The pay the estimated fees. provided in paragraph (f) of this section, Department shall consider a submitter’s (1) Manual searches. The Department in order to give the submitter an objections and specific grounds for will charge at the salary rate (i.e., basic opportunity to object to disclosure of nondisclosure in deciding whether to pay plus 16 percent of basic pay) of the any specified portion of that disclose business information. employee making the search. information. The notice shall either Whenever the Department decides to (2) Computer searches. The describe the information requested or disclose business information over the Department will charge at the actual include copies of the requested records objection of a submitter, it shall give the direct cost of providing the service. This

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will include the cost of operating the charges that recover the full direct costs records or if the records located are central processing unit (CPU) for that of searching for, reviewing for release, determined to be exempt from portion of operating time that is directly and duplicating the record sought. disclosure. attributable to searching for records Commercial use requesters are not (c) Advance payment. The responsive to a FOIA request and entitled to two hours of free search time Department may not require a requester operator/programmer salary attributable or 100 free pages of reproduction of to make an advance payment, i.e., to the search. documents. The Department may payment before work is commenced or (b) Review of records. Only requesters recover the cost of searching for and continued on a request, unless: who are seeking documents for reviewing records even if there is (1) It estimates or determines that commercial use may be charged for time ultimately no disclosure of records (see allowable charges that a requester may spent reviewing records to determine § 171.16(b)). be required to pay are likely to exceed whether they are releasable. Charges (b) Educational and non-commercial $250. In such a case, the Department may be assessed for the initial review scientific institution requesters. The shall notify the requester of the likely only; i.e., the review undertaken the first Department shall provide documents to cost and obtain satisfactory assurance of time the Department analyzes the requesters in this category for the cost full payment where the requester has a applicability of a specific exemption to of reproduction alone, excluding history of prompt payment of FOIA fees, a particular record or portion of a charges for the first 100 pages. To be or shall require an advance payment of record. eligible for inclusion in this category, a an amount up to the full estimated (c) Duplication of records. Records requester must show that the request is charges in the case of requesters with no shall be duplicated at a rate of $.15 per being made as authorized by and under history of payment; or page. For copies prepared by computer, the auspices of a qualifying institution, (2) A requester has previously failed such as tapes or printouts, the as defined in § 171.11(m) and (n), and to pay within 30 days of the date of the Department shall charge the actual cost, that the records are not sought for a billing a fee charged. In such a case, the including operator time, of production commercial use, but are sought in Department shall require the requester of the tape or printout. For other furtherance of scholarly (if the request is to pay the full amount previously owed methods of reproduction or duplication, from an educational institution) or plus any applicable interest and to make the Department shall charge the actual scientific (if the request is from a non- an advance payment of the full amount direct costs of producing the document. commercial scientific institution) of the estimated fee before the If the Department estimates that the research. Department begins to process a new or duplication costs will exceed $25.00, (c) Representatives of the news media. pending request from that requester. If the requester shall be so informed. The The Department shall provide a requester has failed to pay a fee request shall not be processed further documents to requesters in this category charged by another U.S. Government unless the requester agrees to pay the for the cost of reproduction alone, agency in an information access case, estimated fees. excluding charges for the first 100 the Department may require proof that (d) Other charges. The Department pages. To be eligible for inclusion in such fee has been paid before processing shall recover the full costs of providing this category, a requester must meet the a new or pending request from that services such as those enumerated criteria in § 171.11(o), and the request requester. below: must not be made for a commercial use. (3) When the Department acts under (1) Certifying that records are true A request for records supporting the paragraph (c)(1) or (2) of this section, copies (see part 22 of this chapter); news dissemination function of the the administrative time limits (2) Sending records by special requester shall not be considered to be prescribed in the FOIA, 5 U.S.C. methods such as express mail, overnight a commercial use request. 552(a)(6) (i.e., 20 working days from courier, etc. (d) All other requesters. The receipt of initial requests and 20 (f) Payment shall be in the form either Department shall charge requesters who working days from receipt of appeals of a personal check or bank draft drawn do not fit into any of the categories from initial denial, plus permissible on a bank in the United States, or a above fees that recover the full extensions of these time limits), will postal money order. Remittances shall reasonable direct cost of searching for begin only after the Department has be made payable to the order of the and reproducing records that are received fee payments described in Treasury of the United States and responsive to the request, except that paragraphs (c)(1) and (2) of this section. mailed to the Information and Privacy the first 100 pages of reproduction and (d) Aggregating requests. When the Coordinator. the first two hours of search time shall Department reasonably believes that a (g) A receipt for fees paid will be be furnished without charge. requester, or a group of requesters acting given upon request. Refund of fees paid in concert, has submitted multiple § 171.16 Miscellaneous fee provisions. for services actually rendered will not requests involving related matters solely be made. (a) Charging interest. The Department to avoid payment of fees, the shall begin assessing interest charges on Department may aggregate those § 171.15 Fees to be charged—categories an unpaid bill starting on the 31st day requests for purposes of assessing of requesters. following the day on which the bill was processing fees. Under the FOIA, there are four sent. The fact that the fee has been (e) Effect of the Debt Collection Act of categories of requesters: Commercial use received by the Department within the 1982 (Pub. L. 97–365). The Department requesters, educational and non- thirty-day grace period, even if not shall comply with provisions of the commercial scientific institutions, processed, shall stay the accrual of Debt Collection Act, including representatives of the news media, and interest. Interest will be at the rate disclosure to consumer reporting all other requesters. The fees for each of prescribed in 31 U.S.C. 3717 and shall agencies and use of collection agencies, these categories are: accrue from the date of the billing. where appropriate, to effect repayment. (a) Commercial use requesters. When (b) Charges for unsuccessful search or the Department receives a request for if records are withheld. The Department § 171.17 Waiver or reduction of fees. documents for commercial use as may assess charges for time spent (a) Fees otherwise chargeable in defined in § 171.11(l), it will assess searching, even if it fails to locate the connection with a request for disclosure

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of a record shall be waived or reduced or reduction shall be granted for only classified information is reviewed for where it is determined that disclosure is those records. declassification pursuant to a request in the public interest because it is likely (d) The Department’s decision to under § 171.21. to contribute significantly to public refuse to waive or reduce fees may be (i) National Security means the understanding of the operations or appealed in accordance with § 171.51. national defense or foreign relations of activities of the Government and is not the United States. primarily in the commercial interest of Subpart C—Executive Order 12958 (j) Certain former government the requester. Provisions personnel includes former officials of (1) In order to determine whether § 171.20 Definitions. the Department of State or other U.S. Government agencies who previously disclosure of the information is in the As used in this subpart, the following have occupied policy-making positions public interest because it is likely to definitions shall apply: contribute significantly to public (a) Agency means any executive to which they were appointed by the understanding of the operations or branch agency, as defined in 5 U.S.C. President under 3 U.S.C. 105(a)(2)(A) or activities of the government, the 105, any military department, as defined by the Vice President under 3 U.S.C. Department will consider the following by 5 U.S.C. 102, and any other entity 106(a)(1)(A). It does not include former four factors: within the executive branch that comes Foreign Service Officers as a class or (i) The subject of the request, i.e., into possession of classified persons who merely received whether the subject of the requested information. assignment commissions as Foreign records concerns the operations or (b) Classified information means Service Officers, Foreign Service activities of the government; information that has been determined Reserve Officers, Foreign Service Staff (ii) The informative value of the pursuant to E.O. 12958 or any Officers and employees. information to be disclosed, i.e., predecessor order on national security (k) Senior Agency Official means the whether the disclosure is likely to information to require protection against Under Secretary of State for contribute to an understanding of unauthorized disclosure and is marked Management. government operations or activities; to indicate its classified status when in § 171.21 Declassification review. (iii) The contribution to an documentary form. (a) Scope. All information classified understanding of the subject by the (c) Declassification means the under E.O. 12958 or predecessor orders general public likely to result from authorized change in the status of shall be subject to declassification disclosure, i.e., whether disclosure of information from classified information review upon request by a member of the the requested information will to unclassified information. public or a U.S. government employee contribute to public understanding, (d) Department means the U.S. or agency with the following exceptions: including whether the requester has Department of State, including its field offices and Foreign Service posts (1) Information originated by the expertise in the subject area as well as incumbent President or, in the the intention and ability to disseminate abroad. (e) FOIA means the Freedom of performance of executive duties, the the information to the public; and incumbent Vice President; the (iv) The significance of the Information Act, 5 U.S.C. 552. (f) Foreign government information incumbent President’s White House contribution to public understanding, staff or, in the performance of executive i.e., whether the disclosure is likely to means: (1) Information provided to the duties, the incumbent Vice President’s contribute significantly to public United States Government by a foreign staff; committees, commissions, or understanding of government operations government or governments, an boards appointed by the incumbent or activities. international organization of President; other entities within the (2) In order to determine whether governments, or any element thereof, Executive Office of the President that disclosure of the information is not with the expectation that the solely advise and assist the incumbent primarily in the commercial interest of information, the source of the President; the requester, the Department will information, or both, are to be held in (2) Information that is the subject of consider the following two factors: confidence; litigation; (i) The existence and magnitude of a (2) Information produced by the (3) Information that has been commercial interest, i.e., whether the United States pursuant to or as a result reviewed for declassification within the requester has a commercial interest that of a joint arrangement with a foreign past two years; and would be furthered by the requested government or governments, or an (4) Information exempted from search disclosure; and, if so, international organization of and review under the Central (ii) The primary interest in disclosure, governments, or any element thereof, Intelligence Agency Information Act. i.e., whether the magnitude of the requiring that the information, the (b) Requests. Requests for mandatory identified commercial interest of the arrangement, or both, are to be held in declassification review should be requester is sufficiently large, in confidence; or addressed to the Information and comparison with the public interest in (3) Information received and treated Privacy Coordinator at the address given disclosure, that disclosure is primarily as foreign government information in Sec. 171.5. E-mail requests are not in the commercial interest of the under the terms of a predecessor accepted at this time. requester. executive order. (c) Mandatory declassification review (b) The Department may refuse to (g) Information means any knowledge and the FOIA. A mandatory consider waiver or reduction of fees for that can be communicated or declassification review request is requesters (persons or organizations) documentary material, regardless of its separate and distinct from a request for from whom unpaid fees remain owed to physical form or characteristics that is records under the FOIA. When a the Department for another information owned by, produced by or for, or is requester submits a request under both access request. under the control of the United States mandatory declassification review and (c) Where only some of the records to Government. the FOIA, the Department shall require be released satisfy the requirements for (h) Mandatory declassification review the requester to elect review under one a waiver or reduction of fees, a waiver means the process by which specific process or the other. If the requester

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fails to make such election, the request (i) Cryptologic and intelligence (2) Have served as Presidential or Vice will be under the process that would information. Mandatory declassification Presidential appointees as defined in result in the greatest disclosure unless review requests for cryptologic § 171.20(j), or the information requested is subject to information shall be processed in (3) Served as President or Vice only mandatory declassification review. accordance with special procedures President. (d) Description of information sought. established by the Secretary of Defense, (b) Requests by such persons must be In order to be processed, a request for and such requests for information submitted in writing to the Information declassification review must describe concerning intelligence activities or and Privacy Coordinator at the address the document or the material containing intelligence sources and methods shall set forth in § 171.5 and must include a the information sought with sufficient be processed in accordance with special general description of the records specificity to enable the Department to procedures established by the Director sought, the time period covered by the locate the document or material with a of Central Intelligence. request, and an explanation why access reasonable amount of effort. Whenever a is sought. Requests for access by such § 171.22 Appeals. request does not sufficiently describe requesters may be granted if: the material, the Department shall notify Any denial of a mandatory (1) The Secretary or the Senior the requester that no further action will declassification review request may be Agency Official determines in writing be taken unless additional description appealed to the Department’s Appeals that access is consistent with the of the information sought is provided. Review Panel in accordance with interests of national security; (e) Refusal to confirm or deny § 171.52. A denial by the Appeals (2) The requester agrees in writing to existence of information. The Review Panel of a mandatory safeguard the information from Department may refuse to confirm or declassification review appeal may be unauthorized disclosure or compromise; deny the existence or nonexistence of further appealed to the Interagency (3) The requester submits a statement requested information whenever the fact Security Classification Appeals Panel. in writing authorizing the Department to of existence or nonexistence is itself § 171.23 Declassification in the public review any notes and manuscripts classified. interest. created as a result of access; (f) Processing. In responding to It is presumed that information that (4) The requester submits a statement mandatory declassification review continues to meet classification in writing that any information obtained requests, the Department shall make a requirements requires continued from review of the records will not be review determination as promptly as protection. In exceptional cases, disseminated without the express possible and notify the requester however, the need to protect such written permission of the Department; accordingly. When the requested information may be outweighed by the (c) If a requester uses a research information cannot be declassified in its public interest in disclosure of the assistant, the requester and the research entirety, the Department shall release all information, and in these cases the assistant must both submit a statement meaningful portions that can be information should be declassified. in writing acknowledging that the same declassified and that are not exempt When such questions arise, they shall be access conditions set forth in paragraph from disclosure on other grounds (see referred to the senior Department (b)(4) of this section apply to the § 171.25). official with Top Secret authority research assistant. Such a research (g) Other agency information. When having primary jurisdiction over the assistant must be working for the the Department receives a request for information in question. That official, applicant and not gathering information information in its possession that was after consultation with the Assistant for publication on his or her own behalf. originally classified by another agency, Secretary for Public Affairs, will (d) Access granted under this section it shall refer the request and the determine whether the public interest in shall be limited to items the appointee pertinent information to the other disclosure outweighs the damage to originated, reviewed, signed, or received agency for processing unless that agency national security that reasonably could while serving as a Presidential or Vice has agreed that the Department may be expected from disclosure. If the Presidential appointee or as President or review such information for determination is made that the Vice President. declassification on behalf of that agency. information should be declassified and (e) Such requesters may seek The Department may, after consultation disclosed, that official will make such a declassification and release of material with the other agency, inform the recommendation to the Secretary or the to which they have been granted access requester of the referral unless senior agency official who shall make under this section through either the association of the other agency with the the decision on declassification and FOIA or the mandatory declassification information is itself classified. disclosure. This provision does not review provisions of E.O. 12958. Such (h) Foreign government information. amplify or modify the substantive requests shall be processed in the order In the case of a request for material criteria or procedures for classification received, along with other FOIA and containing foreign government or create any substantive or procedural mandatory declassification review information, the Department, if it is also right subject to judicial review. requests, and shall be subject to the fees the agency that initially received the applicable to FOIA requests. foreign government information, shall § 171.24 Access by historical researchers determine whether the information may and certain former government personnel. § 171.25 Applicability of other laws. be declassified and may, if appropriate, (a) The restriction in E.O. 12958 and Exemptions from disclosure set forth consult with the relevant foreign predecessor orders on limiting access to in the Freedom of Information Act, the government on that issue. If the classified information to individuals Privacy Act, and other statutes or Department is not the agency that who have a need-to-know the privileges protecting information from initially received the foreign information may be waived, under the disclosure recognized in discovery or government information, it shall refer conditions set forth below, for persons other such litigation-related procedures the request to the original receiving who: may be applied to withhold information agency for direct response to the (1) Are engaged in historical research declassified under the provisions of this requester. projects; subpart.

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Subpart D—Privacy Act Provisions (i) OIG is the abbreviation for the declared by a court to be incompetent Office of the Inspector General of the may act for and on behalf of the minor § 171.30 Purpose and scope. U.S. Department of State. or the incompetent individual upon This subpart contains the rules that presentation of appropriate § 171.32 Request for access to records. the Department follows under the documentation of the guardian Privacy Act of 1974, 5 U.S.C. 552a. (a) Description of records sought. All relationship. These rules should be read together requests for access to a record must (3) Authorized representatives or with the Privacy Act, which provides reasonably describe the System of designees. When an individual wishes additional information about records Records and the individual’s record to authorize another person or persons maintained on individuals. The rules in within the system in sufficient detail to access to his or her records, the this subpart apply to all records in permit identification of the requested individual shall submit, in addition to systems of records maintained by the record. At a minimum, requests should the identifying information described in Department that are retrieved by an include the individual’s full name paragraph (b) of this section, a signed individual’s name or personal identifier. (including maiden name, if appropriate) statement, either notarized or made They describe the procedures by which and any other names used, present under penalty of perjury, authorizing individuals may request access to mailing address and ZIP Code, date and and consenting to access by a records about themselves, request place of birth, and any other designated person or persons. Such amendment or correction of those information that might help in requests shall be processed under the records, and request an accounting of identifying the record. Helpful data FOIA (see § 171.12). disclosures of those records by the includes the approximate time period of (d) Records relating to civil actions. Department. If any records retrieved the record and the circumstances that Nothing in this subpart entitles an pursuant to an access request under the give the individual reason to believe individual to access to any information Privacy Act are found to be exempt from that the Department of State maintains compiled in reasonable anticipation of a disclosure under that Act, they will be a record under the individual’s name or civil action or proceeding. processed for possible disclosure under personal identifier. In certain instances, (e) Time limits. The Department will the Freedom of Information Act (FOIA), it may be necessary for the Department acknowledge the request promptly and 5 U.S.C. 552. No fees shall be charged to request additional information from furnish the requested information as for access to or amendment of Privacy the requester, either to ensure a full soon as possible thereafter. Act records. search, or to ensure that a record (f) Information on amending records. retrieved does in fact pertain to the At the time the Department grants § 171.31 Definitions. individual. access to a record, it will also furnish As used in this subpart, the following (b) Verification of personal identity. guidelines for requesting amendment of definitions shall apply: The Department will require reasonable a record. These guidelines may also be (a) Department means the United identification of individuals requesting obtained by writing to the Information States Department of State, including its records under the Privacy Act to ensure and Privacy Coordinator at the address field offices and Foreign Service posts that records are disclosed only to the given in § 171.5. The guidelines are also abroad. proper persons. Requesters must state available in the reading room described (b) Individual means a citizen of the their full name, current address, date in § 171.3 and in the electronic reading United States or an alien lawfully and place of birth, and, at the room described in § 171.4. admitted for permanent residence. requester’s option, social security (c) Maintain includes maintain, number. The request must be signed, § 171.33 Request to amend or correct collect, use, or disseminate. and the requester’s signature must be records. (d) Record means any item, collection, either notarized or submitted under (a) An individual has the right to or grouping of information about an penalty of perjury (28 U.S.C. 1746) as a request that the Department amend a individual that is maintained by the substitute for notarization. If the record pertaining to the individual that Department, including, but not limited requester seeks records under another the individual believes is not accurate, to education, financial transactions, name the requester has used, a relevant, timely, or complete. medical history, and criminal or statement, under penalty of perjury, that (b) Requests to amend records must be employment history, that contains the the requester has also used the other in writing and mailed or delivered to individual’s name or the identifying name must be included. the Information and Privacy number, symbol, or other identifying (c) Third party access. The Coordinator, at the address given in particular assigned to the individual, Department shall allow third party § 171.5, who will coordinate the review such as a finger or voice print or access to records under certain of the request with the appropriate photograph. conditions: offices of the Department. The (e) System of Records means a group (1) Parents. Upon presentation of Department will require verification of of any records under the control of the documentation of the parental personal identity as provided in Department from which information is relationship, a parent of a minor (an § 171.32(b) before it will initiate action retrieved by the name of the individual unmarried person under the age of 18) to amend a record. Amendment requests or by some identifying number, symbol, may, on behalf of the minor, request should contain, as a minimum, or other identifying particular assigned records pertaining to the minor and the identifying information needed to locate to an individual. Department may, in its discretion, the record in question, a description of (f) Control has the meaning set forth disclose such records to the parent to the specific correction requested, and an in § 171.11(f) the extent determined by the explanation of why the existing record (g) Information and Privacy Department to be appropriate in the is not accurate, relevant, timely, or Coordinator has the meaning set forth in circumstances of the case. In any case, complete. The requester should submit § 171.11(d). minors may request such records on as much pertinent documentation, other (h) DS is the abbreviation for the their own behalf. information, and explanation as Bureau of Diplomatic Security of the (2) Guardians. A guardian of a minor possible to support the request for U.S. Department of State. or of an individual who has been amendment.

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(c) All requests for amendments to § 171.35 Denials of requests; appeals. Privacy Act except sections (b), (c)(1) records will be acknowledged within 10 If the Department denies a request for and (2), (e)(4)(A) through (F), (e)(6), (7), days (excluding Saturdays, Sundays, access to Privacy Act records, for (9), (10), and (11), and (i) to the extent and legal public holidays). amendment of such records, or for an to which they meet the criteria of (d) In reviewing a record in response accounting of disclosure of such section (j)(2). These exemptions are to a request to amend, the Department records, the requester shall be informed necessary to ensure the proper functions shall review the record to determine if of the reason for the denial and of the of the law enforcement activity, to it is accurate, relevant, timely, and right to appeal the denial to the Appeals protect confidential sources of complete. Review Panel in accordance with information, to fulfill promises of (e) If the Department agrees with an § 171.52. confidentiality, to prevent interference with the enforcement of criminal laws, individual’s request to amend a record, § 171.36 Exemptions. it shall: to avoid the disclosure of investigative Systems of records maintained by the (1) Advise the individual in writing of techniques, to avoid the endangering of Department are authorized to be its decision; the life and safety of any individual, to exempted from certain provisions of the avoid premature disclosure of the (2) Amend the record accordingly; Privacy Act under both general and and knowledge of potential criminal activity specific exemptions set forth in the Act. and the evidentiary bases of possible (3) If an accounting of disclosure has In utilizing these exemptions, the been made, advise all previous enforcement actions, and to maintain Department is exempting only those the integrity of the law enforcement recipients of the record of the portions of systems that are necessary amendment and its substance. process. All records contained in the for the proper functioning of the Information Access Program Records (f) If the Department denies, in whole Department and that are consistent with system (STATE–35) are exempt from all or in part, the individual’s amendment the Privacy Act. Where compliance of the provisions of the Privacy Act request, it shall advise the individual in would not appear to interfere with or except sections (b), (c)(1) and (2), writing of its decision, of the reason adversely affect the law enforcement (e)(4)(A) through (F), (e)(6), (7), (9), (10), therefore, and of the individual’s right process, and/or where it may be and (11), and (i) to the extent to which to appeal the denial in accordance with appropriate to permit individuals to they meet the criteria of section (j)(2). § 171.52. contest the accuracy of the information These exemptions are necessary to § 171.34 Request for an accounting of collected, e.g., public source materials, ensure the protection of law record disclosures. the applicable exemption may be enforcement information retrieved from waived, either partially or totally, by the various sources in response to (a) How made. Except where Department or the OIG, in the sole accountings of disclosures are not information access requests. discretion of the Department or the OIG, (b) Specific exemptions. Portions of required to be kept, as set forth in as appropriate. paragraph (b) of this section, an the following systems of records are (a) General exemptions. (1) exempted from 5 U.S.C. 552a (c)(3), (d), individual has a right to request an Individuals may not have access to (e)(1), and (4), (G), (H), and (I), and (f). accounting of any disclosure that the records maintained by the Department The names of the systems correspond to Department has made to another person, that were provided by another agency those published in the Federal Register organization, or agency of any record that has determined by regulation that by the Department. about an individual. This accounting such information is subject to general (1) Exempt under 5 U.S.C. 552a(k)(1). shall contain the date, nature, and exemption under 5 U.S.C. 552a(j)(1). If The reason for invoking this exemption purpose of each disclosure as well as such exempt records are the subject of is to protect material required to be kept the name and address of the recipient of an access request, the Department will secret in the interest of national defense the disclosure. Any request for advise the requester of their existence and foreign policy. accounting should identify each and of the name and address of the Board of Appellate Review Records. particular record in question and may source agency, unless that information STATE–02. be made by writing directly to the is itself exempt from disclosure. Congressional Correspondence. Information and Privacy Coordinator at (2) The systems of records maintained STATE–43. the address given in § 171.5. by the Bureau of Diplomatic Security Congressional Travel Records. (b) Where accountings not required. (STATE–36), the Office of the Inspector STATE–44. The Department is not required to keep General (STATE–53), and the Coordinator for the Combating of an accounting of disclosures in the case Information Access Program Records Terrorism Records. STATE–06. of: system (STATE–35) are subject to External Research Records. STATE– (1) Disclosures made to employees general exemption under 5 U.S.C. 10. within the Department who have a need 552a(j)(2). All records contained in Extradition Records. STATE–11. for the record in the performance of record system STATE–36, Security Foreign Assistance Inspection their duties; Records, are exempt from all provisions Records. STATE–48. Human Resources Records. STATE– (2) Disclosures required under the of the Privacy Act except sections (b), FOIA; 31. (c)(1) and (2), (e)(4)(A) through (F), Information Access Programs Records. (3) Disclosures made to another (e)(6), (7), (9), (10), and (11), and (i) to STATE–35. agency or to an instrumentality of any the extent to which they meet the Intelligence and Research Records. governmental jurisdiction under the criteria of section (j)(2). These STATE–15. control of or within the United States exemptions are necessary to ensure the International Organizations Records. for authorized civil or criminal law effectiveness of the investigative, STATE–17. enforcement activities pursuant to a judicial, and protective processes. All Law of the Sea Records. STATE–19. written request from such agency or records contained in STATE–53, records Legal Case Management Records. instrumentality specifying the activities of the Inspector General and Automated STATE–21. for which the disclosures are sought and Individual Cross-Reference System, are Munitions Control Records. STATE– the portions of the records sought. exempt from all of the provisions of the 42.

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Overseas Citizens Services Records. Personality Index to the Central Records of the Inspector General and STATE–05. Foreign Policy Records. STATE-29. Automated Individual Cross-Reference Overseas Records. STATE–25. Records of the Inspector General and System. STATE–53. Passport Records. STATE–26. Automated Individual Cross-Reference Records of the Office of White House Personality Cross-Reference Index to System. STATE–53. Liaison. STATE–34. the Secretariat Automated Data Index Security Records. STATE–36. Rover Records. STATE–41. Records. STATE–28. Visa Records. STATE–39. Security Records. STATE–36. Personality Index to the Central (3) Exempt under 5 U.S.C. Senior Personnel Appointments Foreign Policy Records. STATE–29. 552(a)(k)(3). The reason for invoking Records. STATE–47. Personnel Payroll Records. STATE– this exemption is to preclude (6) Exempt under 5 U.S.C. 552(k)(6). 30. impairment of the Department’s The reasons for invoking this exemption Records of the Inspector General and effective performance in carrying out its are to prevent the compromise of testing Automated Individual Cross-Reference lawful protective responsibilities under or evaluation material used solely to System. STATE–53. 18 U.S.C. 3056 and 22 U.S.C. 4802. determine individual qualifications for Records of the Office of the Assistant Extradition Records. STATE–11. employment or promotion and to avoid Legal Adviser for International Claims Information Access Programs Records. giving unfair advantage to individuals and Investment Disputes. STATE–54. STATE–35. by virtue of their having access to such Rover Records. STATE–41. Intelligence and Research Records. material. Records of Domestic Accounts STATE–15. Foreign Service Institute Records. Receivable. STATE–23. Overseas Citizens Services Records. STATE–14. Records of the Office of White House STATE–05. Human Resources Records. STATE– Liaison. STATE–34. Overseas Records. STATE–25. 31. Board of Appellate Review Records. Passport Records. STATE–26. Information Access Programs Records. STATE–02. Personality Cross-Reference Index to STATE–35. Refugee Records. STATE–59. the Secretariat Automated Data Index. Security Records. STATE–36. Refugee Data Center Processing STATE–28. (7) Exempt under 5 U.S.C. 552a(k)(7). Records. STATE–60. Personality Index to the Central The reason for invoking this exemption Security Records. STATE–36. Foreign Policy Records. STATE–29. is to prevent access to material Visa Records. STATE–39. Security Records. STATE–36. maintained from time to time by the (2) Exempt under 5 U.S.C. Visa Records. STATE–39. Department in connection with various 552(a)(k)(2). The reasons for invoking (4) Exempt under 5 U.S.C. 552a(k)(4). military personnel exchange programs. this exemption are to prevent The reason for invoking this exemption Overseas Records. STATE–25. individuals that are the subject of is to avoid needless review of records Human Resources Records. STATE– investigation from frustrating the that are used solely for statistical 31. investigatory process, to ensure the purposes and from which no individual Information Access Programs Records. proper functioning and integrity of law determinations are made. STATE–35. enforcement activities, to prevent Foreign Service Institute Records. Personality Cross-Reference Index to disclosure of investigative techniques, STATE–14. the Secretariat Automated Data Index to maintain the confidence of foreign Human Resources Records. STATE– Records. STATE–28. governments in the integrity of the 31. Personality Index to the Central procedures under which privileged or Information Access Programs Records. Foreign Policy Records. STATE–29. confidential information may be STATE–35. provided, and to fulfill commitments Personnel Payroll Records. STATE– Subpart E—Ethics in Government Act made to sources to protect their 30. Provisions Security Records. STATE–36. identities and the confidentiality of § 171.40 Purpose and scope. information and to avoid endangering (5) Exempt under 5 U.S.C. 552a(k)(5). these sources and law enforcement The reasons for invoking this exemption This subpart sets forth the regulations personnel. are to ensure the proper functioning of under which persons may request Board of Appellate Review Records. the investigatory process, to ensure access to the public financial disclosure STATE–02. effective determination of suitability, reports of employees of the Department Coordinator for the Combating of eligibility, and qualification for as well as limits to such requests and Terrorism Records. STATE–06. employment and to protect the use of such information. The Ethics in Extradition Records. STATE–11. confidentiality of sources of Government Act 1978, as amended, and Foreign Assistance Inspection information. the Office of Government Ethics Records. STATE–48. Equal Employment Opportunity implementing regulations, 5 CFR part Garnishment of Wages Records. Records. STATE–09. 2634, require that high-level Federal STATE–61. Foreign Assistance Inspection officials disclose publicly their personal Information Access Program Records. Records. STATE–48. financial interests. STATE–35. Foreign Service Grievance Board Intelligence and Research Records. Records. STATE–13. § 171.41 Covered employees. STATE–15. Human Resources Records. STATE– (a) Officers and employees (including Munitions Control Records. STATE– 31. special Government employees as 42. Information Access Programs Records. defined in 18 U.S.C. 202) whose Overseas Citizens Services Records. STATE–35. positions are classified at grades GS–16 STATE–05. Legal Adviser Attorney Employment and above of the General Schedule, or Overseas Records. STATE–25. Application Records. STATE–20. the rate of basic pay for which is fixed, Passport Records. STATE–26. Overseas Records. STATE–25. other than under the General Schedule, Personality Cross Reference Index to Personality Cross-Reference Index to at a rate equal to or greater than the the Secretariat Automated Data Index. the Secretariat Automated Data Index 120% of the minimum rate of basic pay STATE–28. Records. STATE–28. for GS–15 of the General Schedule;

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(b) Officers or employees in any other retained and made available for a one- § 171.52 Appeal of denial of access to, positions determined by the Director of year period, and then destroyed, unless declassification of, amendment of, the Office of Government Ethics to be of needed in an ongoing investigation. accounting of disclosures of, or challenge equal classification to GS–16; to classification of records. (c) Employees in the excepted service § 171.44 Improper use of reports. (a) Right of administrative appeal. in positions that are of a confidential or (a) The Attorney General may bring a Except for records that have been policy-making character, unless by civil action against any person who reviewed and withheld within the past regulation their positions have been obtains or uses a financial disclosure two years or are the subject of litigation, excluded by the Director of the Office of report: any requester whose request for access Government Ethics; (1) For any unlawful purpose; to records, declassification of records, amendment of records, accounting of (d) The designated agency official (2) For any commercial purpose, other disclosures of records, or any authorized who acts as the Department’s Ethics than for news or community holder of classified information whose Officer; dissemination to the general public; (e) Incumbent officials holding classification challenge has been (3) For determining or establishing the denied, has a right to appeal the denial positions referred to above if they have credit rating of any individual; served 61 days or more in the position to the Department’s Appeals Review (4) For use, directly or indirectly, in during the preceding calendar year. Panel. This appeal right includes the the solicitation of money for any (f) Officials who have terminated right to appeal the determination by the political, charitable, or other purpose. employment from a position referred to Department that no records responsive above and who have not accepted (b) The court in which such action is to an access request exist in Department another such position within 30 days of brought may assess a civil penalty not files. Privacy Act appeals may be made such termination. to exceed $10,000 against any person only by the individual to whom the who obtains or uses the reports for these records pertain. § 171.42 Requests and identifying prohibited purposes. Such remedy shall (b) Form of appeal. There is no information. be in addition to any other remedy required form for an appeal. However, it Requests for access to public financial available under statutory or common is essential that the appeal contain a disclosure reports of covered employees law. clear statement of the decision or should be made in writing to the determination by the Department being Information and Privacy Coordinator at Subpart F—Appeal Procedures appealed. When possible, the appeal should include argumentation and the address given in § 171.5 setting § 171.50 Appeal of denials of expedited forth: processing. documentation to support the appeal (a) The name and/or position title of and to contest the bases for denial cited the Department of State official who is (a) A denial of a request for expedited by the Department. The appeal should the subject of the request, processing may be appealed to the Chief be sent to: Chairman, Appeals Review (b) The time period covered by the of the Requester Liaison Division of the Panel, c/o Information and Privacy report requested, office of the Information and Privacy Coordinator/Appeals Officer, at the (c) A completed Office of Government Coordinator at the address given in address given in § 171.5. Ethics request form, OGE Form 201, § 171.5 within 30 days of receipt of the (c) Time limits. The appeal should be October, 1999. This form may be denial. Appeals should contain as much received within 60 days of the date of obtained by writing to the Information information and documentation as receipt by the requester of the and Privacy Coordinator or by visiting possible to support the request for Department’s denial. The time limit for the Public Reading Room described in expedited processing in accordance response to an appeal begins to run on § 171.3 or http://www.usoge.gov. with the criteria set forth in § 171.12(b) the day that the appeal is received. The (b) The Requester Liaison Division time limit (excluding Saturdays, § 171.43 Time limits and fees. Chief will issue a final decision in Sundays, and legal public holidays) for (a) Reports shall be made available writing within ten (10) days from the agency decision on an administrative within thirty (30) days from receipt of date on which the office of the appeal is 20 days under the FOIA a request by the Department. The Information and Privacy Coordinator (which may be extended for up to an Department does not charge a fee for a receives the appeal. additional 10 days in unusual single copy of a public financial report. circumstances) and 30 days under the However, the Department will charge § 171.51 Appeals of denials of fee waivers Privacy Act (which the Panel may or reductions. for additional copies of a report at a rate extend an additional 30 days for good of 15 cents per page plus the actual (a) A denial of a request for a waiver cause shown). The Panel shall decide direct cost of mailing the reports. or reductions of fees may be appealed to mandatory declassification review However, the Department will not the Chief of the Requester of Liaison appeals as promptly as possible. charge for individual requests if the Division of the Office of the Information (d) Notification to appellant. The total charge would be $10.00 or less. and Privacy Coordinator at the address Chairman of the Appeals Review Panel (b) A report shall be retained by the given in § 171.5 within 30 days of shall notify the appellant in writing of Department and made available to the receipt of the denial. Appeals should the Panel’s decision on the appeal. public for a period of six (6) years after contain as much information and When the decision is to uphold the receipt of such report. After such a six documentation as possible to support denial, the Chairman shall include in year period, the report shall be the request for fee waiver or reduction his notification the reasons therefore. destroyed, unless needed in an ongoing in accordance with the criteria set forth The appellant shall be advised that the investigation, except that those reports in § 171.17. decision of the Panel represents the filed by individuals who are nominated (b) The Requester Liaison Division final decision of the Department and of for office by the President to a position Chief will issue a final decision in the right to seek judicial review of the that requires the advice and consent of writing within 30 days from the date on Panel’s decision, when applicable. In the Senate, and who subsequently are which the office of the Information and mandatory declassification review not confirmed by the Senate, will be Privacy Coordinator receives the appeal. appeals, the Panel shall advise the

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requester of the right to appeal the POSTAL SERVICE discounts and International Customized decision to the Interagency Security Mail (ICM) agreements. As pointed out Classification Appeals Panel under 39 CFR Part 20 in the supplementary information, the § 3.5(d) of E.O. 12958. Postal Service is obligated to offer its (e) Procedures in Privacy Act Discontinuance of Volume Discount services at a rate that covers both amendment cases. (1) If the Panel’s Availability for IPA and ISAL Mailers average attributable cost and decision is that a record shall be AGENCY: Postal Service. institutional cost. When costs rise above amended in accordance with the ACTION: Final rule. the rate we are charging, adjustments to appellant’s request, the Chairman shall prices and discounts (in this case IPA direct the office responsible for the SUMMARY: This final rule deletes and ISAL) are required so they are not record to amend the record, advise all International Mail Manual (IMM) subsidized by other domestic or previous recipients of the record of the 292.212, 292.213, and 293.75, which international product offerings. amendment and its substance if an authorized mailers who spent $2 Moreover, since 1998, transportation accounting of disclosure has been made, million or more combined on costs, terminal dues costs, and other and so advise the individual in writing. International Priority Airmail (IPA) and costs have risen while published rates (2) If the Panel’s decision is that the International Surface Air Lift (ISAL) in for IPA and ISAL have remained static request of the appellant to amend the the preceding Postal Service fiscal year since 2001. record is denied, in addition to the to receive discounted postage rates. The other comment was made by an notification required by paragraph (d) of EFFECTIVE DATE: November 3, 2004. international mailer who enters mail this section, the Chairman shall advise FOR FURTHER INFORMATION CONTACT: Rick under an ICM agreement. The mailer the appellant: Klutts, 202–268–7268. stated that IPA was a very good service (i) Of the right to file a concise SUPPLEMENTARY INFORMATION: On July and they did not want to lose their statement of the reasons for disagreeing 28, 2004, the Postal Service published current discount. Since this proposed with the decision of the Department; for comment in the Federal Register (69 rule does not address ICMs, this (ii) Of the procedures for filing the FR 45002–45003) a proposed rule to comment falls outside the scope of this statement of disagreement; delete standards that authorize postage rulemaking and therefore will not be (iii) That any statement of discounts for mailers who spend $2 addressed at this time. Additionally, disagreement that is filed will be made million or more combined on nothing in this change precludes this available to anyone to whom the record International Priority Airmail (IPA) and mailer from entering IPA and ISAL is subsequently disclosed, together with, International Surface Air Lift (ISAL) in mailings under their existing ICM at the discretion of the Department, a the preceding Postal Service fiscal year. agreement. brief statement by the Department The Postal Service proposed to For the reasons discussed above, the summarizing its reasons for refusing to discontinue these discounts due to Postal Service adopts the following amend the record; recent Postal Service reviews of costs for amendments to the International Mail (iv) That prior recipients of the providing these services. These cost Manual, which is incorporated by disputed record will be provided a copy reviews identified increases in reference in the Code of Federal of any statement of disagreement, to the transportation, terminal dues, and other Regulations. See 39 CFR Part 20.1. costs that have all risen while published extent that an accounting of disclosures List of Subjects in 39 CFR Part 20 was maintained. rates for IPA and ISAL have remained (3) If the appellant files a statement static since 2001. When costs rise above International postal service, Foreign under paragraph (e)(2) of this section, the rate we are charging, we are obliged relations. the Department will clearly annotate the to adjust prices and discounts (in this record so that the fact that the record is case IPA and ISAL) so they are not PART 20—[AMENDED] disputed is apparent to anyone who subsidized by other domestic or I may subsequently have access to the international product offerings. These 1. The authority citation for 39 CFR record. When information that is the changes do not affect the standards for part 20 continues to read as follows: subject of a statement of dispute filed by existing or prospective customers who Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, an individual is subsequently disclosed, use IPA or ISAL mail and participate or 404, 407 and 408. the Department will note that the would like to participate in the I information is disputed and provide a International Customized Mail (ICM) 2. Amend the International Mail copy of the individual’s statement. The service agreement program as defined in Manual as set forth below: IMM 297. Department may also include a brief International Mail Manual (IMM) summary of reasons for not amending The Postal Service requested * * * * * the record when disclosing disputed comments on the proposed rule by information. Copies of the Department’s August 18, 2004. Comments were 2 Conditions for Mailing received from two parties, one who statement shall be treated as part of the * * * * * individual’s record for granting access; voiced opposition to the proposal, and however, it will not be subject to one whose comment was outside the 290 Commercial Services amendment by an individual under scope of the proposed rule. An industry organization respondent * * * * * these regulations. questioned the rationale for the proposal 292 International Priority Airmail Dated: October 29, 2004. and requested a more detailed cost Service Lee R. Lohman, analysis; this commenter also cited a Deputy Assistant Secretary for Records and 1998 report to Congress that states there * * * * * Publishing Services, Bureau of is adequate cost coverage for these 292.2 Postage Administration, Department of State. products. In addition, the commenter [FR Doc. 04–24581 Filed 11–2–04; 8:45 am] suggested a correlation between the 292.21 Rates BILLING CODE 4710–24–P proposed discontinuance of volume * * * * *

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(Delete 292.212 and 292.213; renumber 1. Federal eRulemaking Portal: index at http://docket.epa.gov/rmepub/. current 292.214 through 292.217 as new http://www.regulations.gov. Follow the Although listed in the index, some 292.212 through 292.215.) on-line instructions for submitting information is not publicly available, * * * * * comments. i.e., CBI or other information whose 2. Agency Web site: http:// disclosure is restricted by statute. 293 International Surface Air Lift docket.epa.gov/rmepub/. RME, EPA’s Certain other material, such as (ISAL) Service electronic public docket and comment copyrighted material, is not placed on * * * * * system, is EPA’s preferred method for the Internet and will be publicly receiving comments. Once in the available only in hard copy form. 293.7 Postage system, select ‘‘quick search;’’ then key Publicly available docket materials are * * * * * in the appropriate RME Docket available either electronically in RME or (Delete 293.75; renumber current 293.76 identification number. Follow the on- in hard copy at the Environmental as new 293.75.) line instructions for submitting Protection Agency, Air Planning and * * * * * comments. Development Branch, 901 North 5th 3. E-mail: [email protected]. Street, Kansas City, Kansas 66101. The Neva R. Watson, 4. Mail: Heather Hamilton, Regional Office’s official hours of Attorney, Legislative. Environmental Protection Agency, Air business are Monday through Friday, 8 [FR Doc. 04–23997 Filed 11–2–04; 8:45 am] Planning and Development Branch, 901 to 4:30 excluding Federal holidays. The North 5th Street, Kansas City, Kansas BILLING CODE 7710–12–P interested persons wanting to examine 66101. these documents should make an 5. Hand Delivery or Courier. Deliver appointment with the office at least 24 your comments to Heather Hamilton, ENVIRONMENTAL PROTECTION hours in advance. Environmental Protection Agency, Air AGENCY Planning and Development Branch, 901 FOR FURTHER INFORMATION CONTACT: 40 CFR Part 52 North 5th Street, Kansas City, Kansas Heather Hamilton at (913) 551–7039, or 66101. by e-mail at [email protected]. [R07–OAR–2004–IA–0004; FRL–7833–7] Instructions: Direct your comments to SUPPLEMENTARY INFORMATION: RME ID No. R07–OAR–2004–IA–0004. Approval and Promulgation of EPA’s policy is that all comments Throughout this document whenever Implementation Plans; State of Iowa received will be included in the public ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean docket without change and may be EPA. This section provides additional AGENCY: Environmental Protection information by addressing the following Agency (EPA). made available online at http:// docket.epa.gov/rmepub/, including any questions: ACTION: Direct final rule. personal information provided, unless What is a SIP? What is the Federal approval process for a SUMMARY: EPA is announcing it is the comment includes information claimed to be Confidential Business SIP? approving a revision to the Iowa State What does Federal approval of a state Implementation Plan (SIP) for the Information (CBI) or other information whose disclosure is restricted by statute. regulation mean to me? purpose of revising open burning rules. What is being addressed in this document? This revision includes a provision that Do not submit information that you Have the requirements for approval of a allows the Iowa Department of Natural consider to be CBI or otherwise SIP revision been met? Resources (IDNR) to require the protected through RME, regulations.gov, What action is EPA taking? or e-mail. The EPA RME Web site and submittal of additional information What Is a SIP? when a variance from open burning the Federal regulations.gov Web site are rules is requested, reemphasizes the ‘‘anonymous access’’ systems, which Section 110 of the Clean Air Act state’s obligation to protect the National means EPA will not know your identity (CAA) requires states to develop air Ambient Air Quality Standards or contact information unless you pollution regulations and control (NAAQS) with regard to open burning, provide it in the body of your comment. strategies to ensure that state air quality clarifies National Emissions Standards If you send an e-mail comment directly meets the national ambient air quality for Hazardous Air Pollutants (NESHAP) to EPA without going through RME or standards established by EPA. These guidance for disaster rubbish, updates regulations.gov, your e-mail address ambient standards are established under guidance for training fires, and provides will be automatically captured and section 109 of the CAA, and they clarification to the existing open included as part of the comment that is currently address six criteria pollutants. burning rules covering agricultural placed in the public docket and made These pollutants are: carbon monoxide, structures. available on the Internet. If you submit nitrogen dioxide, ozone, lead, an electronic comment, EPA particulate matter, and sulfur dioxide. DATES: This direct final rule will be recommends that you include your effective January 3, 2005, without name and other contact information in Each state must submit these further notice, unless EPA receives the body of your comment and with any regulations and control strategies to us adverse comment by December 3, 2004. disk or CD–ROM you submit. If EPA for approval and incorporation into the If adverse comment is received, EPA cannot read your comment due to Federally-enforceable SIP. will publish a timely withdrawal of the technical difficulties and cannot contact Each Federally-approved SIP protects direct final rule in the Federal Register you for clarification, EPA may not be air quality primarily by addressing air informing the public that the rule will able to consider your comment. pollution at its point of origin. These not take effect. Electronic files should avoid the use of SIPs can be extensive, containing state ADDRESSES: Submit your comments, special characters, any form of regulations or other enforceable identified by Regional Material in encryption, and be free of any defects or documents and supporting information EDocket (RME) ID Number R07–OAR– viruses. such as emission inventories, 2004–IA–0004, by one of the following Docket: All documents in the monitoring networks, and modeling methods: electronic docket are listed in the RME demonstrations.

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What Is the Federal Approval Process submitted for approval due to concerns Have the Requirements for Approval of for a SIP? raised by EPA with respect to protection a SIP Revision Been Met? In order for state regulations to be of the NAAQS for particulate matter and The state submittal has met the public incorporated into the Federally- carbon monoxide. notice requirements for SIP submissions Information with regard to variances enforceable SIP, states must formally in accordance with 40 CFR 51.102. The is identified in the Iowa SIP; however, adopt the regulations and control submittal also satisfied the the state of Iowa found it necessary to strategies consistent with state and completeness criteria of 40 CFR part 51, add a provision that clarifies that IDNR appendix V. In addition, as explained Federal requirements. This process may require additional information generally includes a public notice, when a variance from the open burning above and in more detail in the public hearing, public comment period, rules is requested. This rulemaking will technical support document which is and a formal adoption by a state- add the language that states the part of this document, the revision authorized rulemaking body. submittal of adequate documentation to meets the substantive SIP requirements Once a state rule, regulation, or IDNR may be required to allow the of the CAA, including section 110 and control strategy is adopted, the state director to assess whether granting the implementing regulations. submits it to us for inclusion into the variance will hinder attainment, or What Action Is EPA Taking? SIP. We must provide public notice and maintenance of the NAAQS (IAC 567– EPA is revising the SIP for the State seek additional public comment 23.2(2)). EPA notes that this variance of Iowa for the purpose of revising open regarding the proposed Federal action provision is not a mechanism to amend on the state submission. If adverse the Federally-approved SIP and that any burning rules. This revision which was comments are received, they must be variance must be approved by EPA in adopted November 17, 2003, and addressed prior to any final Federal order to change the underlying SIP became effective January 14, 2004, action by us. requirement for any source. includes a provision that clarifies that All state regulations and supporting IAC 567–23.2(3)a, adds clarification IDNR may require additional information approved by EPA under for open burning of disaster rubbish and information when a variance from open section 110 of the CAA are incorporated adds the reference for the standards for burning rules is requested, into the Federally-approved SIP. demolition and renovation in reemphasizes the state’s obligation to Records of such SIP actions are accordance with the asbestos protect the NAAQS with regard to open maintained in the Code of Federal (NESHAP). burning, clarifies NESHAP guidance for Regulations (CFR) at title 40, part 52, This revision will rescind the disaster rubbish, updates guidance for entitled ‘‘Approval and Promulgation of paragraph pertaining to training fires training fires, and provides clarification Implementation Plans.’’ The actual state and will add a revised paragraph that to the existing open burning rules regulations which are approved are not updates the definition (IAC 567– covering agricultural structures. We are reproduced in their entirety in the CFR 23.2(3)g(1)). The new definition processing this action as a direct final outright but are ‘‘incorporated by indicates that a training fire is set for the action because the revisions make reference,’’ which means that we have purpose of conducting bona fide routine changes to the existing rules approved a given state regulation with training of public or industrial which are noncontroversial. Therefore, a specific effective date. employees in fire fighting methods. The we do not anticipate any adverse revision requires that the following comments. Please note that if EPA What Does Federal Approval of a State conditions be met: The training fire is receives adverse comment on part of Regulation Mean to Me? conducted on a building that is this rule and if that part can be severed Enforcement of the state regulation structurally intact; the fire does not from the remainder of the rule, EPA may before and after it is incorporated into include the controlled burning of a adopt as final those parts of the rule that the Federally-approved SIP is primarily demolished building; proper are not the subject of an adverse a state responsibility. However, after the notification must be completed and comment. regulation is Federally approved, we are delivered at least ten working days Statutory and Executive Order Reviews authorized to take enforcement action before action commences; notification against violators. Citizens are also must be made in accordance with the Under Executive Order 12866 (58 FR offered legal recourse to address asbestos NESHAP; asbestos-containing 51735, October 4, 1993), this action is violations as described in section 304 of materials shall be removed prior to the not a ‘‘significant regulatory action’’ and the CAA. training fire; proper notification and therefore is not subject to review by the testing of asphalt roofing materials is Office of Management and Budget. For What Is Being Addressed in This this reason, this action is also not Document? required, and rubber tires are not to be burned during a training fire. subject to Executive Order 13211, EPA is approving a revision to the SIP Finally, this rulemaking will revise ‘‘Actions Concerning Regulations That for the State of Iowa for the purpose of the open burning rules pertaining to Significantly Affect Energy Supply, revising open burning rules. This agricultural structures by adding the Distribution, or Use’’ (66 FR 28355, May revision includes a provision that condition that burning is to be 22, 2001). This action merely approves allows IDNR to require the submittal of conducted in accordance with the state law as meeting Federal additional information when a variance NESHAP for the standard for demolition requirements and imposes no additional from open burning rules is requested, and renovation. This revision is found requirements beyond those imposed by reemphasizes the state’s obligation to in IAC 23.2(3)i. For the purposes of state law. Accordingly, the protect the NAAQS with regard to open NESHAP, the definition of agricultural Administrator certifies that this rule burning, clarifies NESHAP guidance for structures excludes a single residential will not have a significant economic disaster rubbish, and updates guidance structure on the premises having four or impact on a substantial number of small for training fires. fewer dwelling units, which have been entities under the Regulatory Flexibility It should be noted that Iowa used only for residential purposes. Act (5 U.S.C. 601 et seq.). Because this Administrative Code (IAC) 567–23.2(3), The revision will make the Iowa SIP rule approves pre-existing requirements paragraph ‘‘g’’ subparagraph (2) was not consistent with 40 CFR Part 52. under state law and does not impose

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any additional enforceable duty beyond State to use voluntary consensus the Administrator of this final rule does that required by state law, it does not standards (VCS), EPA has no authority not affect the finality of this rule for the contain any unfunded mandate or to disapprove a SIP submission for purposes of judicial review nor does it significantly or uniquely affect small failure to use VCS. It would thus be extend the time within which a petition governments, as described in the inconsistent with applicable law for for judicial review may be filed, and Unfunded Mandates Reform Act of 1995 EPA, when it reviews a SIP submission, shall not postpone the effectiveness of (Pub. L. 104–4). to use VCS in place of a SIP submission such rule or action. This action may not This rule also does not have tribal that otherwise satisfies the provisions of be challenged later in proceedings to implications because it will not have a the CAA. Thus, the requirements of enforce its requirements. (See section substantial direct effect on one or more section 12(d) of the National 307(b)(2).) Indian tribes, on the relationship Technology Transfer and Advancement List of Subjects in 40 CFR Part 52 between the Federal Government and Act of 1995 (15 U.S.C. 272 note) do not Indian tribes, or on the distribution of apply. This rule does not impose an Environmental protection, Air power and responsibilities between the information collection burden under the pollution control, Carbon monoxide, Federal Government and Indian tribes, provisions of the Paperwork Reduction Incorporation by reference, as specified by Executive Order 13175 Act of 1995 (44 U.S.C. 3501 et seq.). Intergovernmental relations, Lead, (65 FR 67249, November 9, 2000). This The Congressional Review Act, 5 Nitrogen dioxide, Ozone, Particulate action also does not have Federalism U.S.C. 801 et seq., as added by the Small matter, Reporting and recordkeeping implications because it does not have Business Regulatory Enforcement requirements, Sulfur oxides, Volatile substantial direct effects on the States, Fairness Act of 1996, generally provides organic compounds. on the relationship between the national that before a rule may take effect, the Dated: October 26, 2004. government and the States, or on the agency promulgating the rule must James B. Gulliford, distribution of power and submit a rule report, which includes a Regional Administrator, Region 7. responsibilities among the various copy of the rule, to each House of the levels of government, as specified in Congress and to the Comptroller General I Chapter I, title 40 of the Code of Executive Order 13132 (64 FR 43255, of the United States. EPA will submit a Federal Regulations is amended as August 10, 1999). This action merely report containing this rule and other follows: approves a state rule implementing a required information to the U.S. Senate, PART 52—[AMENDED] Federal standard, and does not alter the the U.S. House of Representatives, and relationship or the distribution of power the Comptroller General of the United I 1. The authority citation for part 52 and responsibilities established in the States prior to publication of the rule in continues to read as follows: CAA. This rule also is not subject to the Federal Register. A major rule Authority: 42 U.S.C. 7401 et seq. Executive Order 13045, ‘‘Protection of cannot take effect until 60 days after it Children from Environmental Health is published in the Federal Register. Subpart Q—Iowa Risks and Safety Risks’’ (62 FR 19885, This action is not a ‘‘major rule’’ as April 23, 1997), because it is not defined by 5 U.S.C. 804(2). I 2. In § 52.820 the table in paragraph (c) economically significant. Under section 307(b)(1) of the Clean is amended by revising the entry for 567– In reviewing SIP submissions, EPA’s Air Act, petitions for judicial review of 23.2 under Chapter 23 to read as follows: role is to approve state choices, this action must be filed in the United provided that they meet the criteria of States Court of Appeals for the § 52.820 Identification of plan. the CAA. In this context, in the absence appropriate circuit by January 3, 2005. * * * * * of a prior existing requirement for the Filing a petition for reconsideration by (c) * * *

EPA-APPROVED IOWA REGULATIONS

State effective Iowa citation date Title date EPA approval Explanation

Iowa Department of Natural Resources, Environmental Protection Commission (567)

******* Chapter 23—Emission Standards for Contaminants

******* 567–23.2 ...... Open Burning ...... 1/14/04 11/03/04 [insert FR page number where Subrule 23.2(3)g(2) was not submitted the document begins]. for approval. Variances from open burning rule 23.2(2) are subject to EPA approval.

*******

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* * * * * holidays. The docket telephone number Davis, CA 95616. This notice included [FR Doc. 04–24532 Filed 11–2–04; 8:45 am] is (703) 305–5805. a summary of the petition prepared by BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: the petitioner AgraQuest, Inc. There Barbara Mandula, Biopesticides and were no comments received in response Pollution Prevention Division (7511C), to the notice of filing. ENVIRONMENTAL PROTECTION Environmental Protection Agency, 1200 The petition requested that 40 CFR AGENCY Pennsylvania Ave., NW., Washington, part 180 be amended by establishing a DC 20460–0001; telephone number: permanent exemption from the 40 CFR Part 180 (703) 308–7378; e-mail address: requirement of a tolerance for residues [OPP–2004–0215; FRL–7684–4] [email protected]. of Bacillus pumilus strain QST 2808. EPA previously had granted the SUPPLEMENTARY INFORMATION: Bacillus Pumilus Strain QST 2808; petitioner a temporary exemption from Exemption From the Requirement of a I. General Information the requirement of a tolerance for Tolerance residues of Bacillus pumilus strain QST A. Does this Action Apply to Me? 2808, which was published on June 18, AGENCY: Environmental Protection You may be potentially affected by 2003 (68 FR 36476)(FRL–7301–1). That Agency (EPA). this action if you are an agricultural temporary exemption is set to expire ACTION: Final rule. producer, food manufacturer or June 30, 2006. pesticide manufacturer. Potentially Section 408(c)(2)(A)(i) of the FFDCA SUMMARY: This regulation establishes an affected entities may include, but are allows EPA to establish an exemption exemption from the requirement of a not limited to: from the requirement for a tolerance (the tolerance for residues of the Bacillus • Crop production/Agriculture legal limit for a pesticide chemical pumilus strain QST 2808 in or on food (NAICS 111) residue in or on a food) only if EPA commodities when applied/used in • Animal production (NAICS 112) determines that the exemption is ‘‘safe.’’ accordance with label directions. • Food manufacturing (NAICS 311) Section 408(c)(2)(A)(ii) of the FFDCA AgraQuest, Inc submitted a petition to • Pesticide manufacturing (NAICS defines ‘‘safe’’ to mean that ‘‘there is a EPA under the Federal Food, Drug, and 32532) reasonable certainty that no harm will Cosmetic Act (FFDCA), as amended by This listing is not intended to be result from aggregate exposure to the the Food Quality Protection Act of 1996 exhaustive, but rather provides a guide pesticide chemical residue, including (FQPA), requesting an exemption from for readers regarding entities likely to be all anticipated dietary exposures and all the requirement of a tolerance. affected by this action. Other types of other exposures for which there is Notification that EPA had received the entities not listed in this unit could also reliable information.’’ This includes petition was published on May 5, 2004 be affected. The North American exposure through drinking water and in (69 FR 25092) (FRL–7354–4). This Industrial Classification System residential settings, but does not include regulation eliminates the need to (NAICS) codes have been provided to occupational exposure. Pursuant to establish a maximum permissible level assist you and others in determining section 408(c)(2)(B), in establishing or for residues of Bacillus pumilus strain whether this action might apply to maintaining in effect an exemption from QST2808. certain entities. To determine whether the requirement of a tolerance, EPA you or your business may be affected by must take into account the factors set DATES: This regulation is effective this action, you should carefully forth in section 408(b)(2)(C), which November 3, 2004. Objections and examine the applicability provisions. If require EPA to give special requests for hearings must be received you have any questions regarding the consideration to exposure of infants and on or before January 3, 2005. applicability of this action to a children to the pesticide chemical ADDRESSES: To submit a written particular entity, consult the person residue in establishing a tolerance and objection or hearing request follow the listed under FOR FURTHER INFORMATION to ‘‘ensure that there is a reasonable detailed instructions as provided in CONTACT. certainty that no harm will result to Unit VIII. of the SUPPLEMENTARY infants and children from aggregate B. How Can I Access Electronic Copies INFORMATION. EPA has established a exposure to the pesticide chemical of this Document and Other Related docket for this action under docket residue. . . .’’ Additionally, section Information? identification (ID) number OPP–2004– 408(b)(2)(D) of the FFDCA requires that 0215. All documents in the docket are In addition to using EDOCKET (http:/ the Agency consider ‘‘available listed in the EDOCKET index at http:/ /www.epa.gov/edocket/), you may information concerning the cumulative /www.epa.gov/edocket. Although listed access this Federal Register document effects of a particular pesticide’s in the index, some information is not electronically through the EPA Internet residues’’ and ‘‘other substances that publicly available, i.e., CBI or other under the ‘‘Federal Register’’ listings at have a common mechanism of toxicity.’’ information whose disclosure is http://www.epa.gov/fedrgstr/. A EPA performs a number of analyses to restricted by statute. Certain other frequently updated electronic version of determine the risks from aggregate material, such as copyrighted material, 40 CFR part 180 is available at E-CFR exposure to pesticide residues. First, is not placed on the Internet and will be Beta Site Two at http:// EPA determines the toxicity of publicly available only in hard copy www.gpoaccess.gov/ecfr/. pesticides. Second, EPA examines form. Publicly available docket exposure to the pesticide through food, II. Background and Statutory Findings materials are available either drinking water, and through other electronically in EDOCKET or in hard In the Federal Register of May 5, 2004 exposures that occur as a result of copy at the Public Information and (69 FR 25092) (FRL–7354–4), EPA pesticide use in residential settings. Records Integrity Branch (PIRIB), Rm. issued a notice pursuant to section 119, Crystal Mall #2, 1801 S. Bell St., 408(d)(3) of the FFDCA, 21 U.S.C. III. Toxicological Profile Arlington, VA. This docket facility is 346a(d)(3), announcing the filing of a Consistent with section 408(b)(2)(D) open from 8:30 a.m. to 4 p.m., Monday pesticide tolerance petition (PP 4F6926) of the FFDCA, EPA has reviewed the through Friday, excluding legal by AgraQuest, Inc, 1530 Drew Avenue, available scientific data and other

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relevant information in support of this necropsy was performed on all rats. of exposure, the immune system is still action and considered its validity, Based on the data, the test organism was intact and able to process and clear the completeness, and reliability and the not toxic, infective, or pathogenic to active ingredient (MRID 451366–04; relationship of this information to rats. Classification: Acceptable. 451366–06, 451366–07). human risk. EPA has also considered 5. Acute pulmonary toxicity/ Based on the data generated in available information concerning the pathogenicity (OPPTS 885.3150; MRID accordance with the Tier I data variability of the sensitivities of major 451366–06). Eighteen male and eighteen requirements set forth in 40 CFR identifiable subgroups of consumers, female rats each were administered 1.6 8 § 158.740(c), the Tier II and Tier III data including infants and children. x 10 cfu Bacillus pumilus strain QST requirements were not triggered and, Bacillus pumilus strain QST 2808 is a 2808 Technical in a single intratracheal therefore, not required in connection ubiquitous and naturally occurring dose and monitored over a period of 35 with this action. In addition, because bacterium commonly found in soil. The days for clinical signs of toxicity. the Tier II and Tier III data requirements results of the acute toxicology and Necropsy studies showed no significant were not required, the residue data pathogenicity studies previously signs of abnormalities due to the test requirements set forth in 40 CFR submitted by the petitioner in support organism. Based on the data, B. pumilus § 158.740(b) also were not required. of its petition for a temporary exemption strain QST 2808 was not toxic, infective, from the requirement of a tolerance for and/or pathogenic to rats when dosed at IV. Aggregate Exposures Bacillus pumilus strain QST 2808 1.6 x 108 cfu/animal. Classification: indicate negligible to no mammalian Acceptable. In examining aggregate exposure, toxicity. In addition, no pathogenicity 6. Acute inhalation toxicity (OPPTS section 408 of the FFDCA directs EPA was observed in any of the tests 870.1300). Results of the acute to consider available information conducted with the Bacillus pumilus pulmonary toxicity/pathogenicity concerning exposures from the pesticide strain QST 2808 Technical product. (MRID 451366–06) performed with residue in food and all other non- Accordingly, the toxicology and Bacillus pumilus strain QST 2808 occupational exposures, including pathogenicity data generated by Technical indicate that it is not toxic, drinking water from ground water or AgraQuest, Inc in support of the infective, and/or pathogenic to rats surface water and exposure through temporary exemption from the when dosed at 1.6 x 108 cfu/animal. For pesticide use in gardens, lawns, or requirement of a tolerance also support the purposes of this specific action, the buildings (residential and other indoor a permanent exemption from the Agency has determined that the acute uses). Most importantly, there is no requirements of a tolerance. This data is pulmonary toxicity/pathogenicity data evidence of adverse effects from oral, summarized in more detail below. are adequate to support and/or fulfill dermal, or inhalation exposure to this 1. Acute oral toxicity and this particular data requirement. microbial agent. (See Unit III. pathogenicity (OPPTS 885.3050; MRID 7. Primary dermal irritation (OPPTS Toxicological Profile.) 870.2500; MRID 452679–02). Each of 451366–04). Fifteen male and fifteen A. Dietary Exposure female rats each were administered 4.1 three male adult rabbits were treated x 109 colony forming unit (cfu) of B. dermally with 0.5 mL QST 2808 Humans and animals are commonly pumilus strain QST 2808 Technical and Technical for 4 hours and observed for exposed to B. pumilus strain QST 2808, observed for 14 days. Based on the data, the following 72 hours. Based on the a ubiquitous microorganism that B. pumilus strain QST 2808 does not data, no abnormal clinical signs were inhabits soil. No toxicological endpoints appear to be toxic, infective, and/or noted. Approximately 60 minutes after were identified for B. pumilus strain pathogenic in rats, when dosed at 4.1 x patch removal, very slight erythema was QST 2808. The low toxicity and non- 109 cfu/animal. Classification: noted on one of the three rabbits with pathogenicity/infectivity of B. pumilus Acceptable; Toxicity Category IV. resolution by 24 hours. When dosed strain QST 2808 is demonstrated by the 2. Acute dermal toxicity (OPPTS with QST 2808 Technical at 0.5 mL/ data summarized in Unit III. of this 885.3100; MRID 451366–05). Five male animal, QST 2808 Technical was action. and five female rabbits were dermally essentially non-irritating. Classification: 1. Food. While the proposed use treated with 2g/kg body weight B. Acceptable; Toxicity Category IV. pumilus strain QST 2808 Technical for 8. Hypersensitivity incidents (OPPTS pattern may result in dietary exposure 24 hours and observed for the following 885.3400). The registrant has reported with possible residues in or on agricultural commodities, negligible to 14 days. The acute lethal dose (LD)50 is no incidents to date. Nonetheless, greater than 2,000 mg/kg. Classification: pursuant to FIFRA section 6(a)(2), the no risk is expected for the general Acceptable; Toxicity Category III. registrant is required to report to the population, including infants and 3. Primary eye irritation (OPPTS Agency any future incidents of children, or animals because B. pumilus 870.2400; MRID 452679–01). Three male hypersensitivity associated with strain QST 2808 technical demonstrated rabbits each were administered 0.1 Bacillus pumilus strain QST 2808. no pathogenicity or oral toxicity at the milliliters (mL) of QST 2808 Technical 9. Hypersensitivity study (OPPTS maximum doses tested, as noted above in the everted lower lid of one eye and 870.2600; MRID 460295–09). Twenty (Unit III.). then observed for 72 hours. Based on female guinea pigs were dosed on 2. Drinking water exposure. The the data, QST 2808 Technical showed shaved skin once a week for 3 weeks potential for transfer of B. pumilus minimal effects to the eye. with 0.4 mL of QST 2808 Technical. strain QST 2808 to surface or ground Classification: Acceptable; Toxicity When challenged 14 days after the last water during run-off associated with Category IV. induction, no signs of sensitization intended use applications is considered 4. Acute injection toxicity/ appeared. Acceptable. minimal to non-existent, due to its pathogenicity (OPPTS 885.3200; MRID 10. Immune response. There is no percolation through and resulting 451366–07). Eighteen male and eighteen information to suggest that B. pumilus capture in soil. Accordingly, the use of female rats each were dosed at 1.6 x 108 strain QST 2808 has an effect on the this microbial pest control agent on cfu Bacillus pumilus strain QST 2808 immune system. The submitted toxicity/ terrestrial plants is not anticipated to Technical intravenously and monitored pathogenicity studies in rodents negatively impact the quality of over a period of 28 days. A gross indicated that following several routes drinking water.

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B. Other Non-Occupational Exposure information’’ concerning the cumulative address the potential for additional Based on the proposed agricultural effects of a particular pesticide’s sensitivity of infants and children to and horticultural use patterns, the residues and ‘‘other substances that residues of B. pumilus strain QST 2808 potential for non-dietary exposures to B. have a common mechanism of toxicity.’’ and that there is a reasonable certainty These considerations include the pumilus strain QST 2808 pesticide that no harm will result to infants and possible cumulative effects of such residues by the general population, children from aggregate exposure to B. residues on infants and children. pumilus strain QST 2808 residues. including infants and children, is The Agency has considered the unlikely. Accordingly, the Agency Thus, the Agency has determined that potential for cumulative effects of B. the additional margin of safety is not believes that the potential aggregate pumilus strain QST 2808 and other non-occupational exposure, derived necessary to protect infants and substances in relation to a common children, and that not adding any from dermal and inhalation exposure mechanism of toxicity. B. pumilus strain through the application of B. pumilus additional margin of safety will be safe QST 2808 is practically non-toxic to for infants and children. strain QST 2808 as a pesticide, should mammals. Because no mechanism of fall well below EPA’s currently tested pathogenicity or toxicity in mammals VII. Other Considerations microbial safety levels. has been identified for this organism A. Endocrine Disruptors 1. Dermal exposure. The potential for (see Unit III.), no cumulative effects dermal exposure to B. pumilus strain from the interaction of residues of this EPA is required under section 408(p) QST 2808 pesticide residues for the product with other related microbial of the FFDCA, as amended by FQPA, to general population, including infants pesticides are anticipated when this develop a screening program to and children, is unlikely because product is used as directed on the label determine whether certain substances potential use sites are agricultural and and in accordance with good (including all pesticide active and other horticultural. However, since B. agricultural practices. ingredients) ‘‘may have an effect in pumilus strain QST 2808 is a naturally humans that is similar to an effect occurring bacterium in soil, there is a VI. Determination of Safety for U.S. produced by a naturally-occurring great likelihood of prior exposure for Population, Infants and Children estrogen, or other such endocrine effects most, if not all individuals. There is a reasonable certainty that no as the Administrator may designate.’’ Accordingly, the increase in dermal harm to the U.S. population, including Following the recommendations of its exposure due to pesticidal use of B. infants and children, will result from Endocrine Disruptor Screening and pumilus strain QST 2808 would be aggregate exposure to residues of B. Testing Advisory Committee (EDSTAC), negligible. Furthermore, and as pumilus strain QST 2808 due to its use EPA determined that there is no demonstrated in Unit III. of this action, as a microbial pest control agent. This scientific basis for including, as part of the organism is of low dermal toxicity, includes all anticipated dietary the screening program, the androgen the acute LD50 is greater than 2,000 mg/ exposures and all other exposures for and thyroid hormone systems in kg, and the QST 2808 Technical was which there is reliable information. As addition to the estrogen hormone essentially non-irritating (Toxicity discussed previously, B. pumilus strain system. EPA also adopted EDSTAC’s Category IV). Accordingly, the risks QST 2808 is not pathogenic or infective recommendation that the program anticipated for this route of exposure are and is practically non-toxic to include evaluations of potential effects considered minimal. mammals. (See Unit III.) Accordingly, in wildlife. For pesticide chemicals, 2. Inhalation exposure. Inhalation exempting Bacillus pumilus strain QST EPA will use FIFRA and, to the extent exposure to B. pumilus strain QST 2808 2808 from the requirement of a that effects in wildlife may help pesticide residues for the general tolerance should be considered safe and determine whether a substance may population, including infants and pose no significant risk. have an effect in humans, FFDCA children is unlikely because potential FFDCA section 408(b)(2)(C) provides authority to require wildlife evaluations. use sites are agricultural and that EPA shall apply an additional As the science develops and resources horticultural. However, since B. tenfold margin of exposure (safety) for allow, screening of additional hormone pumilus strain QST 2808 is a naturally infants and children in the case of systems may be added to the Endocrine occurring bacterium in soil, there is a threshold effects to account for prenatal Disruptor Screening Program (EDSP). great likelihood of prior exposure for and postnatal toxicity and the When the appropriate screening and/or most, if not all individuals. completeness of the data base on testing protocols being considered Accordingly, the increase in exposure toxicity and exposure, unless EPA under the Agency’s EDSP have been due to pesticidal use of B. pumilus determines that a different margin of developed, Bacillus pumilus strain QST strain QST 2808 would be negligible. exposure (safety) will be safe for infants 2808 may be subjected to additional Furthermore, and as demonstrated in and children. Margins of exposure screening and/or testing to better Unit III. of this action, the acute (safety) are incorporated into EPA risk characterize effects related to endocrine pulmonary toxicity/pathogenicity assessments either by 1) using disruption. testing performed on the technical uncertainty (safety) factors in To date, based on available data, the formulation did not demonstrate calculating a dose level that poses no Agency has no information to suggest pathogenicity or toxicity of B. pumilus appreciable risk to humans, or 2) using that Bacillus pumilus strain QST 2808 strain QST 2808. (See Unit III.) a margin of exposure analysis. Due to has an effect on the endocrine systems. Accordingly, the risks anticipated for the ubiquitous nature of B. pumilus Moreover, as is expected from a non- this route of exposure are considered strain QST 2808, residues of this pathogenic microorganism that is minimal. microbial pesticide in or on agricultural practically non-toxic to mammals, the commodities are not expected to submitted toxicity/pathogenicity studies V. Cumulative Effects significantly increase exposure to the in rodents indicate that following Section 408(b)(2)(D)(v) of FFDCA U.S. population, including infants and several routes of exposure, the immune requires the Agency, when considering children. Here, EPA concludes that the system is still intact and able to process whether to establish, modify, or revoke toxicity and exposure data are and clear the active ingredient. (‘‘BPPD a tolerance, to consider ‘‘available sufficiently complete to adequately Review’’- 1/7/02). Thus, there is no

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impact via endocrine-related effects on is requested, the requestor’s contentions one or more of such issues in favor of the Agency’s safety finding set forth in on such issues, and a summary of any the requestor, taking into account this final rule for Bacillus pumilus evidence relied upon by the objector (40 uncontested claims or facts to the strain QST 2808. CFR 178.27). Information submitted in contrary; and resolution of the factual connection with an objection or hearing issues(s) in the manner sought by the B. Analytical Method(s) request may be claimed confidential by requestor would be adequate to justify The Agency proposes to establish an marking any part or all of that the action requested (40 CFR 178.32). exemption from the requirement of a information as CBI. Information so IX. Statutory and Executive Order tolerance without any numerical marked will not be disclosed except in Reviews limitation for the reasons stated above, accordance with procedures set forth in including Bacillus pumilus strain QST 40 CFR part 2. A copy of the This final rule establishes an 2808’s lack of mammalian toxicity. For information that does not contain CBI exemption from the requirement of a the same reasons, the Agency has must be submitted for inclusion in the tolerance under section 408(d) of the concluded that an analytical method is public record. Information not marked FFDCA in response to a petition not required for enforcement purpose confidential may be disclosed publicly submitted to the Agency. The Office of for Bacillus pumilus strain QST 2808. by EPA without prior notice. Management and Budget (OMB) has Mail your written request to: Office of exempted these types of actions from C. Codex Maximum Residue Level the Hearing Clerk (1900C), review under Executive Order 12866, There is no Codex Alimentarius Environmental Protection Agency, 1200 entitled Regulatory Planning and Commission Maximum Residue Level Pennsylvania Ave., NW., Washington, Review (58 FR 51735, October 4, 1993). for Bacillus pumilus strain QST 2808. DC 20460–0001. You may also deliver Because this rule has been exempted from review under Executive Order VIII. Objections and Hearing Requests your request to the Office of the Hearing Clerk in Rm.104, Crystal Mall #2, 1801 12866 due to its lack of significance, Under section 408(g) of the FFDCA, as S. Bell St., Arlington, VA. The Office of this rule is not subject to Executive amended by the FQPA, any person may the Hearing Clerk is open from 8 a.m. Order 13211, Actions Concerning file an objection to any aspect of this to 4 p.m., Monday through Friday, Regulations That Significantly Affect regulation and may also request a excluding legal holidays. The telephone Energy Supply, Distribution, or Use (66 hearing on those objections. The EPA number for the Office of the Hearing FR 28355, May 22, 2001). This final rule procedural regulations which govern the Clerk is (703) 603–0061. does not contain any information submission of objections and requests 2. Copies for the Docket. In addition collections subject to OMB approval for hearings appear in 40 CFR part 178. to filing an objection or hearing request under the Paperwork Reduction Act Although the procedures in those with the Hearing Clerk as described in (PRA), 44 U.S.C. 3501 et seq., or impose regulations require some modification to Unit VIII.A., you should also send a any enforceable duty or contain any reflect the amendments made to the copy of your request to the PIRIB for its unfunded mandate as described under FFDCA by the FQPA, EPA will continue inclusion in the official record that is Title II of the Unfunded Mandates to use those procedures, with described in ADDRESSES. Mail your Reform Act of 1995 (UMRA) (Public appropriate adjustments, until the copies, identified by docket ID number Law 104–4). Nor does it require any necessary modifications can be made. OPP–2004–0215, to: Public Information special considerations under Executive The new section 408(g) of the FFDCA and Records Integrity Branch, Order 12898, entitled Federal Actions to provides essentially the same process Information Resources and Services Address Environmental Justice in for persons to ‘‘object’’ to a regulation Division (7502C), Office of Pesticide Minority Populations and Low-Income for an exemption from the requirement Programs, Environmental Protection Populations (59 FR 7629, February 16, of a tolerance issued by EPA under new Agency, 1200 Pennsylvania Ave., NW., 1994); or OMB review or any Agency section 408(d) of the FFDCA, as was Washington, DC 20460–0001. In person action under Executive Order 13045, provided in the old sections 408 and or by courier, bring a copy to the entitled Protection of Children from 409 of the FFDCA. However, the period location of the PIRIB described in Environmental Health Risks and Safety for filing objections is now 60 days, ADDRESSES. You may also send an Risks (62 FR 19885, April 23, 1997). rather than 30 days. electronic copy of your request via e- This action does not involve any mail to: [email protected]. Please use technical standards that would require A. What Do I Need to Do to File an an ASCII file format and avoid the use Agency consideration of voluntary Objection or Request a Hearing? of special characters and any form of consensus standards pursuant to section You must file your objection or encryption. Copies of electronic 12(d) of the National Technology request a hearing on this regulation in objections and hearing requests will also Transfer and Advancement Act of 1995 accordance with the instructions be accepted on disks in WordPerfect (NTTAA), Public Law 104–113, section provided in this unit and in 40 CFR part 6.1/8.0 or ASCII file format. Do not 12(d) (15 U.S.C. 272 note). Since 178. To ensure proper receipt by EPA, include any CBI in your electronic copy. tolerances and exemptions that are you must identify docket ID number You may also submit an electronic copy established on the basis of a petition OPP–2004–0215 in the subject line on of your request at many Federal under section 408(d) of the FFDCA, the first page of your submission. All Depository Libraries. such as the exemption in this final rule, requests must be in writing, and must be do not require the issuance of a mailed or delivered to the Hearing Clerk B. When Will the Agency Grant a proposed rule, the requirements of the on or before January 3, 2005. Request for a Hearing? Regulatory Flexibility Act (RFA) (5 1. Filing the request. Your objection A request for a hearing will be granted U.S.C. 601 et seq.) do not apply. In must specify the specific provisions in if the Administrator determines that the addition, the Agency has determined the regulation that you object to, and the material submitted shows the following: that this action will not have a grounds for the objections (40 CFR There is a genuine and substantial issue substantial direct effect on States, on the 178.25). If a hearing is requested, the of fact; there is a reasonable possibility relationship between the national objections must include a statement of that available evidence identified by the government and the States, or on the the factual issues(s) on which a hearing requestor would, if established resolve distribution of power and

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responsibilities among the various of the United States. EPA will submit a DATES: This regulation is effective levels of government, as specified in report containing this rule and other November 3, 2004. Objections and Executive Order 13132, entitled required information to the U.S. Senate, requests for hearings must be received Federalism (64 FR 43255, August 10, the U.S. House of Representatives, and on or before January 3, 2005. 1999). Executive Order 13132 requires the Comptroller General of the United ADDRESSES: To submit a written EPA to develop an accountable process States prior to publication of this final objection or hearing request follow the to ensure ‘‘meaningful and timely input rule in the Federal Register. This final detailed instructions as provided in by State and local officials in the rule is not a ‘‘major rule’’ as defined by Unit III. of the SUPPLEMENTARY development of regulatory policies that 5 U.S.C. 804(2). INFORMATION. EPA has established a have federalism implications.’’ ‘‘Policies List of Subjects in 40 CFR Part 180 docket for this action under docket that have federalism implications’’ is identification (ID) number OPP–2004– defined in the Executive Order to Environmental protection, 0206. All documents in the docket are include regulations that have Administrative practice and procedure, listed in the EDOCKET index at http:/ ‘‘substantial direct effects on the States, Agricultural commodities, Pesticides /www.epa.gov/edocket. Although listed on the relationship between the national and pests, Reporting and recordkeeping in the index, some information is not government and the States, or on the requirements. publicly available, i.e., CBI or other distribution of power and information whose disclosure is responsibilities among the various Dated: October 13, 2004. James Jones, restricted by statute. Certain other levels of government.’’ This final rule material, such as copyrighted material, Director, Office of Pesticide Programs. directly regulates growers, food is not placed on the Internet and will be processors, food handlers and food I Therefore, 40 CFR chapter I is publicly available only in hard copy retailers, not States. This action does not amended as follows: form. Publicly available docket alter the relationships or distribution of PART 180—[AMENDED] materials are available either power and responsibilities established electronically in EDOCKET or in hard by Congress in the preemption I 1. The authority citation for part 180 copy at the Public Information and provisions of section 408(n)(4) of the continues to read as follows: Records Integrity Branch (PIRIB), Rm. FFDCA. For these same reasons, the 119, Crystal Mall #2, 1801 S. Bell St., Agency has determined that this rule Authority: 21 U.S.C. 321(q), 346a and 371. Arlington, VA. This docket facility is does not have any ‘‘tribal implications’’ I 2. Section 180.1255 is added to subpart open from 8:30 a.m. to 4 p.m., Monday as described in Executive Order 13175, D to read as follows: through Friday, excluding legal entitled Consultation and Coordination holidays. The docket telephone number with Indian Tribal Governments (65 FR § 180.1255 Bacillus pumilus strain QST is (703) 305–5805. 67249, November 6, 2000). Executive 2808; Exemption from the Requirement of a Order 13175, requires EPA to develop Tolerance.. FOR FURTHER INFORMATION CONTACT: an accountable process to ensure An exemption from the requirement Joseph Nevola, Special Review and ‘‘meaningful and timely input by tribal of a tolerance is established for residues Reregistration Division (7508C), Office officials in the development of of the microbial pesticide Bacillus of Pesticide Programs, Environmental regulatory policies that have tribal pumilus strain QST 2808 when used in Protection Agency, 1200 Pennsylvania implications.’’ ‘‘Policies that have tribal or on all agricultural commodities when Ave., NW., Washington, DC 20460– implications’’ is defined in the applied/used in accordance with label 0001; telephone number: (703) 308– Executive Order to include regulations directions. 8037; e-mail address:[email protected]. that have ‘‘substantial direct effects on [FR Doc. 04–24250 Filed 11–2–04; 8:45 am] one or more Indian tribes, on the BILLING CODE 6560–50–S SUPPLEMENTARY INFORMATION: relationship between the Federal Government and the Indian tribes, or on I. General Information the distribution of power and ENVIRONMENTAL PROTECTION A. Does this Action Apply to Me? responsibilities between the Federal AGENCY Government and Indian tribes.’’ This You may be potentially affected by rule will not have substantial direct 40 CFR Part 180 this action if you are an agricultural effects on tribal governments, on the producer, food manufacturer, or relationship between the Federal [OPP–2004–0206; FRL–7683–2] pesticide manufacturer. Potentially affected entities may include, but are Government and Indian tribes, or on the Thifensulfuron-methyl; Tolerance distribution of power and not limited to: Actions • responsibilities between the Federal Crop production (NAICS 111) • Government and Indian tribes, as AGENCY: Environmental Protection Animal production (NAICS 112) • specified in Executive Order 13175. Agency (EPA). Food manufacturing (NAICS 311) • Thus, Executive Order 13175 does not ACTION: Final rule. Pesticide manufacturing (NAICS apply to this rule. 32532) SUMMARY: EPA is reinstating corn This listing is not intended to be X. Congressional Review Act tolerances for the herbicide exhaustive, but rather provides a guide The Congressional Review Act, 5 thifensulfuron-methyl. These corn for readers regarding entities likely to be U.S.C. 801 et seq., as added by the Small tolerances were previously established affected by this action. Other types of Business Regulatory Enforcement but inadvertently removed shortly entities not listed in this unit could also Fairness Act of 1996, generally provides thereafter. Registrations under the be affected. The North American that before a rule may take effect, the Federal Insecticide, Fungicide, and Industrial Classification System agency promulgating the rule must Rodenticide Act (FIFRA) for use of (NAICS) codes have been provided to submit a rule report, which includes a thifensulfuron-methyl on corn currently assist you and others in determining copy of the rule, to each House of the exist and have existed for more than 10 whether this action might apply to Congress and to the Comptroller General years. certain entities. If you have any

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questions regarding the applicability of inadvertent removal and is reinstating regulation and may also request a this action to a particular entity, consult the tolerances in 40 CFR 180.439 for hearing on those objections. The EPA the person listed under FOR FURTHER residues of the herbicide thifensulfuron- procedural regulations which govern the INFORMATION CONTACT. methyl in or on corn, field, forage at 0.1 submission of objections and requests ppm; corn, field, stover at 0.1 ppm; and for hearings appear in 40 CFR part 178. B. How Can I Access Electronic Copies corn, field, grain at 0.05 ppm. Although the procedures in those of this Document and Other Related On September 17, 2004 (69 FR 55975) regulations require some modification to Information? (FRL–7679–4), EPA published a final reflect the amendments made to FFDCA In addition to using EDOCKET rule in the Federal Register that by FQPA, EPA will continue to use (http://www.epa.gov/edocket/), you may established tolerances for residues of those procedures, with appropriate access this Federal Register document thifensulfuron-methyl in or on canola, adjustments, until the necessary electronically through the EPA Internet seed; cotton, gin byproducts; cotton, modifications can be made. The new under the ‘‘Federal Register’’ listings at undelinted seed; and flax, seed. Also, section 408(g) of FFDCA provides http://www.epa.gov/fedrgstr/. A EPA determined that 10 tolerances for essentially the same process for persons frequently updated electronic version of thifensulfuron-methyl, including the to ‘‘object’’ to a regulation for an 40 CFR part 180 is available at E-CFR three corn tolerances reinstated herein, exemption from the requirement of a Beta Site Two at http:// are considered reassessed according to tolerance issued by EPA under new www.gpoaccess.gov/ecfr/. FQPA standards. section 408(d) of FFDCA, as was provided in the old sections 408 and B. What is the Agency’s Authority for II. Background 409 of FFDCA. However, the period for Taking this Action? A. What Action is the Agency Taking? filing objections is now 60 days, rather A tolerance represents the maximum than 30 days. In the Federal Register of May 12, level for residues of pesticide chemicals 2004 (69 FR 26348) (FRL–7358–8), EPA legally allowed in or on raw agricultural A. What Do I Need to Do to File an issued a proposal to correct an commodities and processed foods. Objection or Request a Hearing? inadvertent error and reinstate the Section 408 of FFDCA, 21 U.S.C. 301 et You must file your objection or tolerances in 40 CFR 180.439 for seq., as amended by the FQPA of 1996, request a hearing on this regulation in residues of thifensulfuron-methyl in or Public Law 104–170, authorizes the accordance with the instructions on corn, field, forage at 0.1 parts per establishment of tolerances, exemptions provided in this unit and in 40 CFR part million (ppm); corn, field, stover at 0.1 from tolerance requirements, 178. To ensure proper receipt by EPA, ppm; and corn, field, grain at 0.05 ppm. modifications in tolerances, and you must identify docket ID number Also, the May 12, 2004 proposal revocation of tolerances for residues of OPP–2004–0206 in the subject line on provided a 60–day comment period pesticide chemicals in or on raw the first page of your submission. All which invited public comment. In agricultural commodities and processed requests must be in writing, and must be response to the proposal published in foods (21 U.S.C. 346(a)). Without a mailed or delivered to the Hearing Clerk the Federal Register of May 12, 2004 (69 tolerance or exemption, food containing on or before January 3, 2005. FR 26348), EPA received one comment pesticide residues is considered to be 1. Filing the request. Your objection as follows: unsafe and therefore adulterated under must specify the specific provisions in Comment. On May 21, 2004, a private section 402(a) of the FFDCA. Such food the regulation that you object to, and the citizen from New Jersey objected to may not be distributed in interstate grounds for the objections (40 CFR ‘‘any residue allowed or any exemption commerce (21 U.S.C. 331(a) and 342(a)). 178.25). If a hearing is requested, the to produce this product’’ and expressed For a food-use pesticide to be sold and objections must include a statement of a general concern for chemicals and distributed, the pesticide must not only the factual issues(s) on which a hearing their toxic effects in humans, air, water, have appropriate tolerances under the is requested, the requestor’s contentions and soil. FFDCA, but also must be registered on such issues, and a summary of any Agency response. The comment did under FIFRA (7 U.S.C. et seq.). Food-use evidence relied upon by the objector (40 not address the inadvertent or improper pesticides not registered in the United CFR 178.27). Information submitted in removal of the established corn States must have tolerances in order for connection with an objection or hearing tolerances for thifensulfuron-methyl. commodities treated with those request may be claimed confidential by EPA did not propose the approval of a pesticides to be imported into the marking any part or all of that new chemical but rather proposed the United States. EPA will establish and information as CBI. Information so reinstatement of the corn tolerances in maintain tolerances even when marked will not be disclosed except in 40 CFR 180.439 to correct their corresponding domestic uses are accordance with procedures set forth in inadvertent removal in 1994. For a food- canceled if the tolerances, which EPA 40 CFR part 2. A copy of the use pesticide to be sold and distributed, refers to as import tolerances, are information that does not contain CBI the pesticide must not only have necessary to allow importation into the must be submitted for inclusion in the appropriate tolerances under the United States of food containing such public record. Information not marked FFDCA, but also must be registered pesticide residues. confidential may be disclosed publicly under FIFRA (7 U.S.C. et seq.). Active by EPA without prior notice. registrations for use of thifensulfuron- C. When Do These Actions Become Mail your written request to: Office of methyl on corn have existed since 1994. Effective? the Hearing Clerk (1900L), In accordance with current Agency EPA is reinstating the three corn Environmental Protection Agency, 1200 practice, the commodity terminologies tolerances for thifensulfuron-methyl Pennsylvania Ave., NW., Washington, for the tolerances should be revised effective November 3, 2004. DC 20460–0001. You may also deliver from ‘‘corn forage, field ’’ to ‘‘corn, field, your request to the Office of the Hearing forage’’; ‘‘corn grain, field ’’ to ‘‘corn, III. Objections and Hearing Requests Clerk in Suite 350, 1099 14th St., NW., field, grain’’; and ‘‘corn fodder, field ’’ Under section 408(g) of FFDCA, as Washington, DC 20005. The Office of to ‘‘corn, field, stover.’’ Therefore, in amended by FQPA, any person may file the Hearing Clerk is open from 8 a.m. this final rule, EPA is correcting the an objection to any aspect of this to 4 p.m., Monday through Friday,

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excluding legal holidays. The telephone contain any information collections have federalism implications.’’ ‘‘Policies number for the Office of the Hearing subject to OMB approval under the that have federalism implications’’ is Clerk is (202) 564–6255. Paperwork Reduction Act (PRA), 44 defined in the Executive Order to 2. Copies for the Docket. In addition U.S.C. 3501 et seq., or impose any include regulations that have to filing an objection or hearing request enforceable duty or contain any ‘‘substantial direct effects on the States, with the Hearing Clerk as described in unfunded mandate as described under on the relationship between the national Unit III.A., you should also send a copy Title II of the Unfunded Mandates government and the States, or on the of your request to the PIRIB for its Reform Act of 1995 (UMRA) (Public distribution of power and inclusion in the official record that is Law 104–4). Nor does it require any responsibilities among the various described in ADDRESSES. Mail your special considerations as required by levels of government.’’ This final rule copies, identified by docket ID number Executive Order 12898, entitled Federal directly regulates growers, food OPP–2004–0206, to: Public Information Actions to Address Environmental processors, food handlers, and food and Records Integrity Branch, Justice in Minority Populations and retailers, not States. This action does not Information Resources and Services Low-Income Populations (59 FR 7629, alter the relationships or distribution of Division (7502C), Office of Pesticide February 16, 1994); or OMB review or power and responsibilities established Programs, Environmental Protection any other Agency action under by Congress in the preemption Agency, 1200 Pennsylvania Ave., NW., Executive Order 13045, entitled provisions of section 408(n)(4) of Washington, DC 20460–0001. In person Protection of Children from FFDCA. For these same reasons, the or by courier, bring a copy to the Environmental Health Risks and Safety Agency has determined that this rule location of the PIRIB described in Risks (62 FR 19885, April 23, 1997). does not have any ‘‘tribal implications’’ ADDRESSES. You may also send an This action does not involve any as described in Executive Order 13175, electronic copy of your request via e- technical standards that would require entitled Consultation and Coordination mail to: [email protected]. Please use Agency consideration of voluntary with Indian Tribal Governments (65 FR an ASCII file format and avoid the use consensus standards pursuant to section 67249, November 6, 2000). Executive of special characters and any form of 12(d) of the National Technology Order 13175, requires EPA to develop encryption. Copies of electronic an accountable process to ensure Transfer and Advancement Act of 1995 objections and hearing requests will also ‘‘meaningful and timely input by tribal (NTTAA), Public Law 104–113, section be accepted on disks in WordPerfect officials in the development of 12(d) (15 U.S.C. 272 note). Pursuant to 6.1/8.0 or ASCII file format. Do not regulatory policies that have tribal the Regulatory Flexibility Act (RFA) (5 include any CBI in your electronic copy. implications.’’ ‘‘Policies that have tribal U.S.C. 601 et seq.), the Agency You may also submit an electronic copy implications’’ is defined in the previously assessed whether of your request at many Federal Executive Order to include regulations establishment of tolerances might Depository Libraries. that have ‘‘substantial direct effects on significantly impact a substantial one or more Indian tribes, on the B. When Will the Agency Grant a number of small entities and concluded Request for a Hearing? relationship between the Federal that, as a general matter, these actions Government and the Indian tribes, or on A request for a hearing will be granted do not impose a significant economic the distribution of power and if the Administrator determines that the impact on a substantial number of small responsibilities between the Federal material submitted shows the following: entities. This analysis was published on Government and Indian tribes.’’ This There is a genuine and substantial issue May 4, 1981 (46 FR 24950), and was rule will not have substantial direct of fact; there is a reasonable possibility provided to the Chief Counsel for effects on tribal governments, on the that available evidence identified by the Advocacy of the Small Business relationship between the Federal requestor would, if established resolve Administration. Taking into account Government and Indian tribes, or on the one or more of such issues in favor of this analysis, and available information distribution of power and the requestor, taking into account concerning the pesticide listed in this responsibilities between the Federal uncontested claims or facts to the rule, the Agency hereby certifies that Government and Indian tribes, as contrary; and resolution of the factual this final rule will not have a significant specified in Executive Order 13175. issues(s) in the manner sought by the economic impact on a substantial Thus, Executive Order 13175 does not requestor would be adequate to justify number of small entities. Furthermore, apply to this rule. the action requested (40 CFR 178.32). for the pesticide named in this final rule, the Agency knows of no V. Congressional Review Act IV. Statutory and Executive Order extraordinary circumstances that exist The Congressional Review Act, 5 Reviews as to the present reinstatement that U.S.C. 801 et seq., as added by the Small This final rule reinstates specific would change EPA’s previous analysis. Business Regulatory Enforcement tolerances established under section 408 In addition, the Agency has determined Fairness Act of 1996, generally provides of FFDCA. The Office of Management that this action will not have a that before a rule may take effect, the and Budget (OMB) has exempted this substantial direct effect on States, on the agency promulgating the rule must type of action from review under relationship between the national submit a rule report, which includes a Executive Order 12866, entitled government and the States, or on the copy of the rule, to each House of the Regulatory Planning and Review (58 FR distribution of power and Congress and to the Comptroller General 51735, October 4, 1993). Because this responsibilities among the various of the United States. EPA will submit a rule has been exempted from review levels of government, as specified in report containing this rule and other under Executive Order 12866 due to its Executive Order 13132, entitled required information to the U.S. Senate, lack of significance, this rule is not Federalism(64 FR 43255, August 10, the U.S. House of Representatives, and subject to Executive Order 13211, 1999). Executive Order 13132 requires the Comptroller General of the United Actions Concerning Regulations That EPA to develop an accountable process States prior to publication of this final Significantly Affect Energy Supply, to ensure ‘‘meaningful and timely input rule in the Federal Register. This final Distribution, or Use (66 FR 28355, May by State and local officials in the rule is not a ‘‘major rule’’ as defined by 22, 2001). This final rule does not development of regulatory policies that 5 U.S.C. 804(2).

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List of Subjects in 40 CFR Part 180 FOR FURTHER INFORMATION CONTACT: You DEPARTMENT OF TRANSPORTATION Environmental protection, may contact Stanley Feldman at 202– National Highway Traffic Safety Administrative practice and procedure, 366–9511. Administration Agricultural commodities, Pesticides SUPPLEMENTARY INFORMATION: This final and pests, Reporting and recordkeeping rule, which amends NHTSA’s regulation 49 CFR Part 541 requirements. specifying the order of succession to the Administrator and clarifies that officials Dated: October 18, 2004. must be encumbered in their position [Docket No. NHTSA–2004–17359] James Jones, on a permanent basis to be in the line Director, Office of Pesticide Programs. of succession, has no substantive effect. RIN 2127–AJ27 I Notice and the opportunity for comment Therefore, 40 CFR chapter I is are therefore not required under the amended as follows: Final Theft Data; Motor Vehicle Theft Administrative Procedure Act, and the Prevention Standard PART 180—[AMENDED] amendment is effective immediately upon publication in the Federal AGENCY: National Highway Traffic I 1. The authority citation for part 180 Register. In addition, this amendment is Safety Administration (NHTSA), continues to read as follows: not subject to Executive Order 12866, Department of Transportation. Authority: 21 U.S.C. 321(q), 346a and 371. the Department of Transportation’s regulatory policies and procedures, or ACTION: Final theft data; correction. I 2. In § 180.439, the table in paragraph the provisions for Congressional review (a) is amended by alphabetically adding of final rules in Chapter 8 of Title 5, SUMMARY: This document corrects the following commodities to read as United States Code. typographical errors in the final theft follows: data published on September 1, 2004 List of Subjects in 49 CFR Part 501 (69 FR 53354), for model year (MY) § 180.439 Thifensulfuron-methyl; Authority delegations (Government 2002 passenger motor vehicles that were tolerances for residues. agencies), Organization and functions stolen in calendar year (CY) 2002. (a)*** (Government agencies). FOR FURTHER INFORMATION CONTACT: Ms. I Commodity Parts per million In consideration of the foregoing, 49 Deborah Mazyck, Office of International CFR part 501 is amended as follows: Policy, Fuel Economy and Consumer ** ** * Programs, NHTSA, 400 Seventh Street, PART 501—[AMENDED] Corn, field, forage ...... 0.10 SW., Washington, DC 20590. Ms. Corn, field, grain ...... 0.05 I 1. The authority citation for part 501 Mazyck’s telephone number is (202) Corn, field, stover ...... 0.10 continues to read as follows: 366–0846. Her fax number is (202) 493– ** ** * Authority: 49 U.S.C. 105 and 322; 2290. * * * * * delegation of authority at 49 CFR 1.50. SUPPLEMENTARY INFORMATION: NHTSA is I [FR Doc. 04–24249 Filed 11–2–04; 8:45 am] 2. Section 501.4 is revised to read as correcting errors in the MY 2002 theft follows: data published in the Federal Register BILLING CODE 6560–50–S on September 1, 2004 (69 FR 53354). § 501.4 Succession to Administrator. Specifically, NHTSA is correcting the (a) The following officials, in the typographical errors provided for the DEPARTMENT OF TRANSPORTATION order indicated, shall act in accordance Saab 9–3 and Saab 9–5 vehicle lines with the requirements of 5 U.S.C. 3346– respectively. The following corrections National Highway Traffic Safety 3349 as Administrator of the National Administration are to be made to page 53358 of the Highway Traffic Safety Administration, notice document: in the case of the absence or disability 49 CFR Part 501 or in the case of a vacancy in the office 1. On line number 157, in the 3rd column under Make/model (line), [Docket No. NHTSA–2004–19521] of the Administrator, until a successor is appointed: ‘‘38233’’ should read ‘‘9–3’’. Succession to Administrator (1) Deputy Administrator; 2. On line number 198, in the 3rd (2) Chief Counsel; column under Make/model (line), AGENCY: National Highway Traffic (3) Senior Associate Administrator for ‘‘38235’’ should read ‘‘9–5’’. Safety Administration Vehicle Safety; (NHTSA),Department of Transportation (4) Senior Associate Administrator for Since the corrections made by this (DOT). Traffic Injury Control; and document are only to inform the public of previous agency actions, and do not ACTION: Final rule. (5) Senior Associate Administrator for Policy and Operations. impose any additional obligations on SUMMARY: This document amends (b) In order to qualify for the line of any party, NHTSA finds for good cause NHTSA’s regulation specifying the succession, officials must be that the revisions made by this notice order of succession to Administrator, encumbered in their position on a should be effective as soon as this notice and also clarifies that officials must be permanent basis. is published in the Federal Register. encumbered in their position on a Issued on October 29, 2004. Issued on: October 27, 2004. permanent basis to be in the line of Jeffrey W. Runge, Stephen R. Kratzke, succession. Administrator. Associate Administrator for Rulemaking. EFFECTIVE DATE: This rule is effective [FR Doc. 04–24525 Filed 11–2–04; 8:45 am] [FR Doc. 04–24465 Filed 11–2–04; 8:45 am] November 3, 2004. BILLING CODE 4910–59–P BILLING CODE 4910–59–P

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Proposed Rules Federal Register Vol. 69, No. 212

Wednesday, November 3, 2004

This section of the FEDERAL REGISTER Office of the Docket Clerk during regular handler is afforded the opportunity for contains notices to the public of the proposed business hours, or can be viewed at: a hearing on the petition. After the issuance of rules and regulations. The http://www.ams.usda.gov/fv/moab.html. hearing USDA would rule on the purpose of these notices is to give interested FOR FURTHER INFORMATION CONTACT: petition. The Act provides that the persons an opportunity to participate in the district court of the United States in any rule making prior to the adoption of the final Teresa L. Hutchinson, Marketing rules. Specialist, Northwest Marketing Field district in which the handler is an Office, Marketing Order Administration inhabitant, or has his or her principal Branch, Fruit and Vegetable Programs, place of business, has jurisdiction to DEPARTMENT OF AGRICULTURE AMS, USDA, 1220 SW., Third Avenue, review USDA’s ruling on the petition, suite 385, Portland, OR 97204; provided an action is filed not later than Agricultural Marketing Service telephone: (503) 326–2724, Fax: (503) 20 days after the date of the entry of the 326–7440; or George J. Kelhart, ruling. 7 CFR Part 923 Technical Advisor, Marketing Order This proposal invites comments on [Docket No. FV04–923–1 PR] Administration Branch, Fruit and the establishment of a minimum size Vegetable Programs, AMS, USDA, 1400 requirement of 11-row size (61⁄64-inch Sweet Cherries Grown in Designated Independence Avenue SW., STOP 0237, diameter) and a minimum maturity Counties in Washington; Washington, DC 20250–0237; telephone: requirement of 17 percent soluble solids Establishment of Minimum Size and (202) 720–2491, Fax: (202) 720–8938. for all lightly colored sweet cherry Maturity Requirements for Lightly Small businesses may request varieties shipped to fresh markets. Colored Sweet Cherry Varieties information on complying with this Currently, Rainier variety cherries are regulation by contacting Jay Guerber, the only lightly colored sweet cherries AGENCY: Agricultural Marketing Service, Marketing Order Administration under these requirements. This rule USDA. Branch, Fruit and Vegetable Programs, would establish the same requirements ACTION: Proposed rule. AMS, USDA, 1400 Independence SW., for all other varieties of lightly colored STOP 0237, Washington, DC 20250– sweet cherries as are established for SUMMARY: This rule invites comments 0237; telephone: (202) 720–2491, Fax: Rainier variety cherries. on the establishment of a minimum size (202) 720–8938, or E-mail: Section 923.52 of the order authorizes 61 requirement of 11-row size ( ⁄64-inch [email protected]. the establishment of grade, size, quality, diameter) and a minimum maturity SUPPLEMENTARY INFORMATION: maturity, pack and container regulations requirement of 17 percent soluble solids This rule is issued under Marketing Agreement for any variety or varieties of cherries for all lightly colored sweet cherry grown in the production area. Section varieties shipped to fresh markets under and Order No. 923 (7 CFR part 923) regulating the handling of sweet 923.53 further authorizes the the Washington sweet cherry marketing modification, suspension, or order. This rule was recommended by cherries grown in designated counties in Washington, hereinafter referred to as termination of regulations issued under the Washington Cherry Marketing § 923.52. Section 923.55 provides that Committee (Committee), the agency the ‘‘order.’’ The order is effective under the Agricultural Marketing Agreement whenever cherries are regulated responsible for local administration of pursuant to § 923.52 or § 923.53, such the marketing order. Currently, only the Act of 1937, as amended (7 U.S.C. 601– 674), hereinafter referred to as the cherries must be inspected by the Rainier variety of lightly colored sweet Federal-State Inspection Service, and cherries must meet these requirements. ‘‘Act.’’ The Department of Agriculture certified as meeting the applicable This rule is intended to enhance the (USDA) is issuing this rule in requirements of such regulations. quality and image of all lightly colored conformance with Executive Order On May 18, 2004, the Committee sweet cherry varieties shipped to the 12866. recommended, by a nine to four vote, fresh market, thereby increasing sales This proposal has been reviewed the establishment of a minimum size and improving returns to producers. under Executive Order 12988, Civil requirement of 11-row size (61⁄64-inch DATES: Comments must be received by Justice Reform. This rule is not intended diameter) and a minimum maturity January 3, 2005. to have retroactive effect. This proposal requirement of 17 percent soluble solids ADDRESSES: Interested persons are will not preempt any State or local laws, for all lightly colored sweet cherry invited to submit written comments regulations, or policies, unless they varieties shipped to fresh markets under concerning this rule. Comments must be present an irreconcilable conflict with the order. The Committee recommended sent to the Docket Clerk, Marketing this rule. the requirement become effective on Order Administration Branch, Fruit and The Act provides that administrative April 1, 2005, which is the beginning of Vegetable Programs, AMS, USDA, 1400 proceedings must be exhausted before the 2005–2006 marketing season. Independence Avenue SW., STOP 0237, parties may file suit in court. Under Supporters of the proposal believe Washington, DC 20250–0237; Fax: (202) section 608c(15)(A) of the Act, any that such a regulation would be in the 720–8938; E-mail: handler subject to an order may file best interests of producers and [email protected]; or Internet: with USDA a petition stating that the consumers. Growing lightly colored http://www.regulations.gov. Comments order, any provision of the order, or any sweet cherries for the fresh market is should reference the docket number and obligation imposed in connection with more labor intensive and costly than the date and page number of this issue the order is not in accordance with law producing dark colored varieties. Trees of the Federal Register and will be and request a modification of the order that produce lightly colored sweet available for public inspection in the or to be exempted therefrom. Such cherries need to be pruned more heavily

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than the trees that produce dark colored Section 923.322 would also be revised Washington sweet cherry handlers ship sweet cherries to ensure acceptable size to include that any lot of lightly colored under $5,000,000 worth of cherries. fruit. The lightly colored sweet varieties sweet cherries would have to contain a Based on this information, the majority are fragile and susceptible to damage minimum of 17 percent soluble solids. of Washington sweet cherry producers during handling with most lightly The percentage of soluble solids would and handlers may be classified as small colored sweet cherries being sorted and be determined by using a refractometer entities. packed by hand. Producers need to offer to measure the sugar level in a This proposal would establish a a quality product in order to recoup the composite sample of cherries. This minimum size requirement of 11-row higher production costs. The sale of maturity test would be taken prior to size (61⁄64-inch diameter) and a small, immature or poor quality cherries packing, at the time of packing, or at minimum maturity requirement of 17 results in buyer dissatisfaction, which time of shipment, provided that percent soluble solids for all lightly reduces repeat purchases and damages individual lots shall not be combined colored sweet cherry varieties that can the market for all lightly colored sweet with other lots to meet soluble solids be shipped to fresh markets. Currently, cherries. requirements. The rule would be Rainier variety cherries are the only Supporters of the proposal believe effective April 1, 2005, the beginning of lightly colored sweet cherries currently that the requirements currently in place the next marketing season. under these requirements. for Rainier variety cherries (59 FR This rule would also change the Rainier and other lightly colored 31917, June 21, 1994) have benefited section heading of § 923.322 from sweet cherry varieties are typically producers. Concern was also expressed ‘‘Washington Cherry Regulation 22’’ to marketed from mid-June through July. that the non-regulation of new varieties ‘‘Washington Cherry Handling AMS Market News data shows that of lightly colored sweet cherries would Regulation’’ to more accurately describe prices are the highest for the earliest have an adverse effect in the future on the requirements contained therein. offerings of these cherries, and that such the marketing of Rainier variety cherries Initial Regulatory Flexibility Analysis prices decline as the season progresses. if the newer varieties are not regulated Pursuant to requirements set forth in In 2003, for example, the opening f.o.b. in the same manner. It is difficult to price on June 23 ranged from $45.00 to distinguish between the different the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service (AMS) $45.50 per carton. This declined to varieties of lightly colored cherries and $35.00 to $36.50 a week later, and f.o.b. this can result in confusion in the has considered the economic impact of this rule on small entities. Accordingly, prices were $38.00 to $40.50 per carton marketplace. at season’s end for similar quality and Those opposed to the AMS has prepared this initial regulatory sizes. This price trend serves as an recommendation believe that the flexibility analysis. incentive for producers to harvest early, tonnage of the newer lightly colored The purpose of the RFA is to fit sweet cherry varieties is not enough to regulatory actions to the scale of which has resulted in immature and impact the Rainier market at this time. business subject to such actions in order poor quality lightly colored sweet They believe that the regulation of all that small businesses will not be unduly cherries being marketed. lightly colored sweet cherries would or disproportionately burdened. The Committee reports that cherry reduce the volume of such cherries on Marketing orders issued pursuant to the size and quality are important to buyers. the market and reduce overall returns Act, and the rules issued thereunder, are Consistency and dependability are on the crop. Some believe that the unique in that they are brought about equally important. Shipments of additional cost of inspection would through group action of essentially immature, low quality, under-sized increase costs with little added return to small entities acting on their own lightly colored sweet cherries in recent the producer. behalf. Thus, both statutes have small seasons have disappointed buyers and The Committee estimates that there entity orientation and compatibility. consumers. This reduces repeat were less than 500 tons of lightly There are approximately 1,800 purchases and results in declines in colored sweet cherry varieties other producers of sweet cherries grown in prices and overall sales volumes. than the Rainier variety marketed designated counties in Washington. In Cherry size is related to maturity and during the 2004 marketing season. By addition, there are approximately 69 other quality factors. That is, larger comparison, there were 8,080 tons handlers subject to regulation under the sized cherries tend to be sweeter and of (Committee records) of Rainier cherries order. Small agricultural producers are higher overall quality. This is supported marketed from the production area in defined by the Small Business by prices received for different sizes of 2004. Administration (13 CFR 121.201) as Bing (dark colored) cherries. AMS This rule proposes adding a new those having annual receipts of less than Market News data show that f.o.b. prices provision to § 923.322 to establish a $750,000, and small agricultural service for 12 row sized Bing cherries (54⁄64-inch minimum size requirement of 61⁄64-inch firms are defined as those whose annual diameter) averaged about $18.00 per in diameter for all lightly colored sweet receipts are less than $5,000,000. carton in mid-June 2003. At the same cherries which corresponds to the 11- Based on a three-year (2001–2003) time, 101⁄2 row sized (1 inch diameter) row size. To provide for variances in average fresh cherry production of Bing cherries were selling for $24.50 to packing, a tolerance of 10 percent would 79,763 tons (Committee records), a $26.50 per carton. This price be provided for undersized lightly three-year average producer price of relationship held steady throughout the colored sweet cherries. Further, the $1,390 per ton as reported by the season. Further, the Committee has regulation would provide that not more National Agricultural Statistics Service, conducted research showing that larger than 5 percent of lightly colored sweet USDA, and 1,800 Washington cherry sizes correlate with higher maturity cherries in any lot could be less than producers, the average annual producer levels, and that larger sizes are preferred 57⁄64-inch in diameter, which is 111⁄2- revenue is approximately $61,595. In by cherry consumers. While research row size, one size lower than the 11-row addition, based on Committee records results and prices by size specifically for size. These tolerances are identical to and an average 2003 f.o.b. price of Rainier or other lightly colored sweet those in effect for Rainier cherries and $28.00 per 20-pound container as cherry varieties are currently comparable to those in effect for dark reported by the AMS Market News, unavailable, industry consensus is that colored sweet cherry varieties. approximately 75 percent of the the same relationships are true for

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Rainier and other lightly colored sweet PART 923—SWEET CHERRIES ACTION: Notice of proposed rulemaking cherries, and Bings. GROWN IN DESIGNATED COUNTIES (NPRM). IN WASHINGTON The Committee discussed alternatives SUMMARY: The FAA proposes to adopt a to this rule, including not establishing a 1. The authority citation for 7 CFR new airworthiness directive (AD) for minimum size and maturity part 923 continues to read as follows: certain Airbus Model A318, A319, requirement. The general consensus of Authority: 7 U.S.C. 601–674. A320, and A321 series airplanes the industry is that mandatory size and equipped with certain forward and aft quality requirements are needed to 2. In § 923.322, paragraphs (b) passenger door emergency escape slides. ensure product quality and to encourage introductory text, (b)(1), and (c) are This proposed AD would require repeat purchases. Previous voluntary revised to read as follows: modifying the forward and aft door standards for lightly colored sweet § 923.322 Washington Cherry Regulation slides. This proposed AD is prompted cherries such as Rainier variety cherries 22. by manufacturer testing that has shown have not been successful. * * * * * contact between the inflation hose and fabric roll, within a short period of time This proposed rule would establish a (b) Size. No handler shall handle, except as otherwise provided in this after inflation of the emergency escape minimum size requirement of 11-row slides, can rupture the inflation hose at size (61⁄64-inch diameter) and a section, any lot of cherries unless such cherries meet the following minimum its end fittings. We are proposing this minimum maturity requirement of 17 AD to prevent interference between the percent soluble solids for lightly colored size requirements: (1) For the Rainier variety and similar inflation hose and slide fabric and sweet cherry varieties shipped to fresh rupture of the inflation hose, which markets. Accordingly, this proposed varieties commonly referred to as ‘‘lightly colored sweet cherries,’’ at least could result in incomplete inflation of rule would not impose any additional 90 percent, by count, of the cherries in the emergency escape slides and reporting or recordkeeping requirements any lot shall measure not less than 61/ consequent unavailability of those on either small or large sweet cherry 64 inch in diameter and not more than slides during an emergency evacuation. handlers. As with all Federal marketing 5 percent, by count, may be less than DATES: We must receive comments on order programs, reports and forms are 57/64 inch in diameter. this proposed AD by December 3, 2004. periodically reviewed to reduce * * * * * ADDRESSES: Use one of the following information requirements and (c) Maturity. No handler shall handle, addresses to submit comments on this duplications by industry and public proposed AD. except as otherwise provided in this • sector agencies. section, any lot of Rainier cherries or DOT Docket web site: Go to USDA has not identified any relevant other varieties of ‘‘lightly colored sweet http://dms.dot.gov and follow the Federal rules that duplicate, overlap or cherries’’ unless such cherries meet a instructions for sending your comments conflict with this proposed rule. minimum of 17 percent soluble solids as electronically. • Government-wide rulemaking web determined from a composite sample by In addition, the Committee’s meeting site: Go to http://www.regulations.gov refractometer prior to packing, at time of was widely publicized throughout the and follow the instructions for sending packing, or at time of shipment: Washington sweet cherry industry and your comments electronically. Provided, That individual lots shall not all interested persons were invited to • Mail: Docket Management Facility, be combined with other lots to meet attend and participate in the U.S. Department of Transportation, 400 soluble solids requirements. Committee’s deliberations on all issues. Seventh Street SW, Nassif Building, Like all Committee meetings, the May * * * * * room PL–401, Washington, DC 20590. 18, 2004, meeting was a public meeting Dated: October 27, 2004. • By fax: (202) 493–2251. • and all entities, both large and small, A.J. Yates, Hand Delivery: Room PL–401 on were able to express views on this issue. Administrator, Agricultural Marketing the plaza level of the Nassif Building, Finally, interested persons are invited to Service. 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday submit information on the regulatory [FR Doc. 04–24443 Filed 11–2–04; 8:45 am] through Friday, except Federal holidays. and informational impacts of this action BILLING CODE 3410–02–P For service information identified in on small businesses. this proposed AD, contact Airbus, 1 A small business guide on complying Rond Point Maurice Bellonte, 31707 with fruit, vegetable, and specialty crop DEPARTMENT OF TRANSPORTATION Blagnac Cedex, France. marketing agreements and orders may You can examine the contents of this be viewed at: http://www.ama.usda.gov/ Federal Aviation Administration AD docket on the Internet at http:// fv/moab.html. Any questions about the dms.dot.gov, or at the Docket compliance guide should be sent to Jay 14 CFR Part 39 Management Facility, U.S. Department Guerber at the previously mentioned of Transportation, 400 Seventh Street [Docket No. FAA–2004–19494; Directorate FOR FURTHER INFORMATION SW., room PL–401, on the plaza level of address in the Identifier 2004–NM–135–AD] CONTACT section. the Nassif Building, Washington, DC. FOR FURTHER INFORMATION CONTACT: RIN 2120–AA64 List of Subjects in 7 CFR Part 923 Technical information: Dan Rodina, Aerospace Engineer, International Cherries, Marketing agreements, Airworthiness Directives; Airbus Model A318, A319, A320, and A321 Series Branch, ANM–116, FAA, Transport Reporting and recordkeeping Airplane Directorate, 1601 Lind requirements. Airplanes Equipped With Air Cruisers/ Aerazur Forward and Aft Passenger Avenue, SW., Renton, Washington For the reasons set forth in the Door Emergency Escape Slides 98055–4056; telephone (425) 227–2125; preamble, 7 CFR part 923 is proposed to fax (425) 227–1149. be amended as follows: AGENCY: Federal Aviation Plain language information: Marcia Administration (FAA), DOT. Walters, [email protected].

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SUPPLEMENTARY INFORMATION: affect you. You can get more retainer to the slide assembly; routing information about plain language at the hose assembly through the hose Docket Management System (DMS) http://www.faa.gov/language and http:// retainer; and reidentifying the slide The FAA has implemented new www.plainlanguage.gov. assembly and slide system. procedures for maintaining AD dockets electronically. As of May 17, 2004, new Examining the Docket FAA’s Determination and Requirements AD actions are posted on DMS and You can examine the AD docket on of the Proposed AD assigned a docket number. We track the Internet at http://dms.dot.gov, or in These airplane models are each action and assign a corresponding person at the Docket Management manufactured in France and are type directorate identifier. The DMS AD Facility office between 9:00 a.m. and certificated for operation in the United docket number is in the form ‘‘Docket 5:00 p.m., Monday through Friday, States under the provisions of section No. FAA–2004–99999.’’ The Transport except Federal holidays. The Docket 21.29 of the Federal Aviation Airplane Directorate identifier is in the Management Facility office (telephone Regulations (14 CFR 21.29) and the form ‘‘Directorate Identifier 2004–NM– (800) 647–5227) is located on the plaza applicable bilateral airworthiness 999–AD.’’ Each DMS AD docket also level of the Nassif Building at the DOT agreement. Pursuant to this bilateral lists the directorate identifier (‘‘Old street address stated in the ADDRESSES airworthiness agreement, the DGAC has Docket Number’’) as a cross-reference section. Comments will be available in kept the FAA informed of the situation for searching purposes. the AD docket shortly after the DMS described above. We have examined the receives them. DGAC’s findings, evaluated all pertinent Comments Invited information, and determined that we Discussion We invite you to submit any relevant need to issue an AD for products of this written data, views, or arguments The Direction Ge´ne´rale de l’Aviation type design that are certificated for regarding this proposed AD. Send your Civile (DGAC), which is the operation in the United States. comments to an address listed under airworthiness authority for France, Therefore, we are proposing this AD, ADDRESSES. Include ‘‘Docket No. FAA– notified us that an unsafe condition may which would require modifying the 2004–19494; Directorate Identifier exist on certain Airbus Model A318, forward and aft door slides. The 2004–NM–135–AD’’ at the beginning of A319, A320, and A321 series airplanes. proposed AD would require you to use your comments. We specifically invite The DGAC advises that manufacturer the Airbus service information comments on the overall regulatory, testing has shown that contact between described previously to perform these economic, environmental, and energy the inflation hose and fabric roll, within actions, except as discussed under aspects of the proposed AD. We will a short period of time after inflation of ‘‘Difference Between the Proposed AD consider all comments submitted by the the emergency escape slides, can and French Airworthiness Directive.’’ closing date and may amend the rupture the inflation hose at its end proposed AD in light of those fittings. This condition, if not corrected, Difference Between the Proposed AD comments. could result in incomplete inflation of and French Airworthiness Directive We will post all comments we the emergency escape slides and The applicability of French receive, without change, to http:// consequent unavailability of those airworthiness directive F–2004–072 dms.dot.gov, including any personal slides during an emergency evacuation. excludes airplanes that accomplished information you provide. We will also Airbus Service Bulletin A320–25–1338 Relevant Service Information post a report summarizing each in service. However, we have not substantive verbal contact with FAA Airbus has issued Service Bulletin excluded those airplanes in the personnel concerning this proposed AD. A320–25–1338, dated February 9, 2004. applicability of this proposed AD; Using the search function of our docket The service bulletin describes rather, this proposed AD includes a website, anyone can find and read the procedures for modifying the forward requirement to accomplish the actions comments in any of our dockets, and aft door slides. Accomplishing the specified in that service bulletin. Such including the name of the individual actions specified in the service a requirement would ensure that the who sent the comment (or signed the information is intended to adequately actions specified in the service bulletin comment on behalf of an association, address the unsafe condition. The and required by this proposed AD are business, labor union, etc.). You can DGAC mandated the service information accomplished on all affected airplanes. review the DOT’s complete Privacy Act and issued French airworthiness Operators must continue to operate the Statement in the Federal Register directive F–2004–072, dated May 26, airplane in the configuration required published on April 11, 2000 (65 FR 2004, to ensure the continued by this proposed AD unless an 19477–78), or you can visit http:// airworthiness of these airplanes in alternative method of compliance is dms.dot.gov. France. approved. We are reviewing the writing style we The Airbus service bulletin refers to currently use in regulatory documents. Air Cruisers/Aerazur Service Bulletin Costs of Compliance We are interested in your comments on A320 004–25–72, dated October 28, The following table provides the whether the style of this document is 2003, as an additional source of service estimated costs for U.S. operators to clear, and your suggestions to improve information for modifying the forward comply with this proposed AD, at an the clarity of our communications that and aft door slides by bonding a hose average labor rate of $65 per work hour.

ESTIMATED COSTS

Number of Work hours Slides per Cost per U.S.-reg- Action per slide airplane Parts airplane istered Fleet cost airplanes

Modification ...... 1 2 Free ...... $130 648 $84,240

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Regulatory Findings escape slides, part number (P/N) D31516– DEPARTMENT OF TRANSPORTATION We have determined that this 111, –113, –115, –117, –311, or –313, and aft passenger door emergency escape slides, part Federal Aviation Administration proposed AD would not have federalism number (P/N) D31517–111, –113, –115, –117, implications under Executive Order –311, or –313; except those airplanes on 14 CFR Part 39 13132. This proposed AD would not which Airbus Modification 33429 has been have a substantial direct effect on the [Docket No. 2003–NM–04–AD] accomplished in production. States, on the relationship between the RIN 2120–AA64 national Government and the States, or Unsafe Condition on the distribution of power and (d) This AD was prompted by Airworthiness Directives; Empresa responsibilities among the various manufacturer testing that has shown contact Brasileira de Aeronautica S.A. levels of government. between the inflation hose and fabric roll, (EMBRAER) Model EMB–135 and –145 For the reasons discussed above, I within a short period of time after inflation Series Airplanes certify that the proposed regulation: of the emergency escape slides, can rupture 1. Is not a ‘‘significant regulatory the inflation hose at its end fittings. We are AGENCY: Federal Aviation action’’ under Executive Order 12866; issuing this AD to prevent interference Administration, DOT. 2. Is not a ‘‘significant rule’’ under the between the inflation hose and slide fabric ACTION: Proposed rule; withdrawal. DOT Regulatory Policies and Procedures and rupture of the inflation hose, which SUMMARY: This action withdraws a (44 FR 11034, February 26, 1979); and could result in incomplete inflation of the 3. Will not have a significant emergency escape slides and consequent notice of proposed rulemaking (NPRM) economic impact, positive or negative, unavailability of those slides during an that proposed a new airworthiness on a substantial number of small entities emergency evacuation. directive (AD), applicable to certain under the criteria of the Regulatory EMBRAER Model EMB–135 and –145 Flexibility Act. Compliance series airplanes. That action would have We prepared a regulatory evaluation (e) You are responsible for having the required a one-time inspection of the of the estimated costs to comply with actions required by this AD performed within trailing arm cardan of each main this proposed AD. See the ADDRESSES the compliance times specified, unless the landing gear (MLG) to identify a certain section for a location to examine the actions have already been done. part number; a one-time inspection of regulatory evaluation. certain trailing arm cardans to detect Modification cracking, if necessary; and replacement List of Subjects in 14 CFR Part 39 (f) Within 37 months after the effective of incorrect trailing arm cardans with Air transportation, Aircraft, Aviation date of this AD, modify the forward and aft cardans having a certain part number. safety, Safety. door slides, in accordance with the Since the issuance of the NPRM, the Accomplishment Instructions of Airbus Federal Aviation Administration (FAA) The Proposed Amendment Service Bulletin A320–25–1338, dated has received new substantiating data Accordingly, under the authority February 9, 2004. from the manufacturer that verify that delegated to me by the Administrator, Note 1: Airbus Service Bulletin A320–25– all affected airplanes in the worldwide the FAA proposes to amend 14 CFR part 1338, dated February 9, 2004, refers to Air and domestic fleets are in compliance 39 as follows: Cruisers/Aerazur Service Bulletin A320 004– with the proposed requirements of the 25–72, dated October 28, 2003, as an NPRM, and all affected spare parts have PART 39—AIRWORTHINESS additional source of service information for been returned to the manufacturer and DIRECTIVES modifying the forward and aft door slides. destroyed. Accordingly, the proposed rule is withdrawn. 1. The authority citation for part 39 Alternative Methods of Compliance continues to read as follows: (AMOCs) FOR FURTHER INFORMATION CONTACT: Authority: 49 U.S.C. 106(g), 40113, 44701. Todd Thompson, Aerospace Engineer, (g) The Manager, International Branch, International Branch, ANM–116, § 39.13 [Amended] ANM–116, Transport Airplane Directorate, Transport Airplane Directorate, FAA, FAA, has the authority to approve AMOCs 1601 Lind Avenue, SW., Renton, 2. The FAA amends § 39.13 by adding for this AD, if requested in accordance with Washington 98055–4056; telephone the following new airworthiness the procedures found in 14 CFR 39.19. directive (AD): (425) 227–1175; fax (425) 227–1149. Related Information Airbus: Docket No. FAA–2004–19494; SUPPLEMENTARY INFORMATION: A Directorate Identifier 2004–NM–135–AD. (h) French airworthiness directive F–2004– proposal to amend part 39 of the Federal 072, dated May 26, 2004, also addresses the Aviation Regulations (14 CFR part 39) to Comments Due Date subject of this AD. add a new airworthiness directive (AD), (a) The Federal Aviation Administration applicable to certain EMBRAER Model Issued in Renton, Washington, on October must receive comments on this AD action by EMB–135 and –145 series airplanes, was 20, 2004. December 3, 2004. published in the Federal Register as a Affected ADs Kalene C. Yanamura, Notice of Proposed Rulemaking (NPRM) (b) None. Acting Manager, Transport Airplane on March 17, 2003 (68 FR 12615). The Directorate, Aircraft Certification Service. proposed rule would have required a Applicability [FR Doc. 04–24534 Filed 11–2–04; 8:45 am] one-time inspection of the trailing arm (c) This AD applies to Airbus Model A318– BILLING CODE 4910–13–P cardan of each main landing gear (MLG) 111 and –112 series airplanes; Model A319– to identify a certain part number; a one- 111, –112, –113, –114, –115, –131, –132, and time inspection of certain trailing arm –133 series airplanes; Model A320–111, –211, –212, –214, –231, –232, and –233 series cardans to detect cracking, if necessary; airplanes; and Model A321–111, –112, –131, and replacement of incorrect trailing –211, and –231 series airplanes; certificated arm cardans with cardans having a in any category; equipped with Air Cruisers/ certain part number. That action was Aerazur forward passenger door emergency prompted by notification from the

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Departmento de Aviacao Civil (DAC), DEPARTMENT OF TRANSPORTATION You can examine the contents of this which is the airworthiness authority for AD docket on the Internet at http:// Brazil, of an unsafe condition. The DAC Federal Aviation Administration dms.dot.gov, or in person at the Docket advised that during a sampling program, Management Facility, U.S. Department fatigue cracks were found on certain 14 CFR Part 39 of Transportation, 400 Seventh Street trailing arm cardans of the MLGs. The [Docket No. FAA–2004–19493; Directorate SW., room PL–401, on the plaza level of proposed actions were intended to Identifier 2004–NM–69–AD] the Nassif Building, Washington, DC. ensure that correct trailing arm cardans This docket number is FAA–2004– of the MLGs were installed. RIN 2120–AA64 19493; the directorate identifier for this docket is 2004–NM–69–AD. Actions That Occurred Since the NPRM Airworthiness Directives; Boeing Was Issued Model 767–200, –300, and –300F Series FOR FURTHER INFORMATION CONTACT: Airplanes Technical information: Bernie Since the issuance of that NPRM, the Gonzalez, Aerospace Engineer, manufacturer has requested that the AGENCY: Federal Aviation Propulsion Branch, ANM–140S, FAA, NPRM be withdrawn. The manufacturer Administration (FAA), DOT. Seattle Aircraft Certification Office, has provided data that substantiate that ACTION: Notice of proposed rulemaking 1601 Lind Avenue, SW., Renton, all affected airplanes in the worldwide (NPRM). Washington 98055–4056; telephone and domestic fleets are in compliance (425) 917–6498; fax (425) 917–6590. with the proposed requirements of the SUMMARY: The FAA proposes to adopt a Plain language information: Marcia NPRM, and that all affected spare parts new airworthiness directive (AD) for Walters, [email protected]. have been returned to the manufacturer certain Boeing Model 767–200, –300, SUPPLEMENTARY INFORMATION: and destroyed. and –300F series airplanes. This proposed AD would require replacing Docket Management System (DMS) FAA’s Conclusions the inboard fairing seal common to the The FAA has implemented new vapor barrier seal of each strut Upon further consideration, and procedures for maintaining AD dockets assembly. This proposed AD is based on comments received in electronically. As of May 17, 2004, new prompted by discovery during response to the proposed AD, we have AD actions are posted on DMS and production that a section of vapor determined that all affected airplanes in assigned a docket number. We track barrier seal was missing from the spar the worldwide and domestic fleets have each action and assign a corresponding web cavities of the upper aft struts of complied with the requirements of the directorate identifier. The DMS AD both wings. We are proposing this AD NPRM, and that all affected spare parts docket number is in the form ‘‘Docket to prevent flammable fluids from have been returned to the manufacturer No. FAA–2004–99999.’’ The Transport leaking onto parts of a hot exhaust and destroyed. Accordingly, the Airplane Directorate identifier is in the system of a shut-down engine of an proposed rule is hereby withdrawn. form ‘‘Directorate Identifier 2004–NM– airplane on the ground, which could Withdrawal of this NPRM constitutes 999–AD.’’ Each DMS AD docket also result in ignition of the flammable fluids only such action, and does not preclude lists the directorate identifier (‘‘Old and an uncontained fire. This could also the agency from issuing another action Docket Number’’) as a cross-reference lead to an emergency evacuation of the in the future, nor does it commit the for searching purposes. agency to any course of action in the airplane and possible injury to future. passengers. Comments Invited Regulatory Impact DATES: We must receive comments on We invite you to submit any written this proposed AD by December 20, relevant data, views, or arguments Since this action only withdraws a 2004. regarding this proposed AD. Send your notice of proposed rulemaking, it is ADDRESSES: Use one of the following comments to an address listed under neither a proposed nor a final rule and ADDRESSES. Include ‘‘Docket No. FAA– therefore is not covered under Executive addresses to submit comments on this proposed AD. 2004–19493; Directorate Identifier Order 12866, the Regulatory Flexibility • 2004–NM–69–AD’’ in the subject line of Act, or DOT Regulatory Policies and DOT Docket Web site: Go to http:/ /dms.dot.gov and follow the instructions your comments. We specifically invite Procedures (44 FR 11034, February 26, comments on the overall regulatory, 1979). for sending your comments electronically. economic, environmental, and energy List of Subjects in 14 CFR Part 39 • Government-wide rulemaking Web aspects of the proposed AD. We will site: Go to http://www.regulations.gov consider all comments submitted by the Air transportation, Aircraft, Aviation closing date and may amend the safety, Safety. and follow the instructions for sending your comments electronically. proposed AD in light of those The Withdrawal • Mail: Docket Management Facility, comments. We will post all comments we Accordingly, the notice of proposed U.S. Department of Transportation, 400 receive, without change, to http:// rulemaking, Docket 2003–NM–04–AD, Seventh Street SW., Nassif Building, dms.dot.gov, including any personal published in the Federal Register on room PL–401, Washington, DC 20590. • information you provide. We will also March 17, 2003 (68 FR 12615), is By fax: (202) 493–2251. • post a report summarizing each withdrawn. Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, substantive verbal contact with FAA Issued in Renton, Washington, on October 400 Seventh Street SW., Washington, personnel concerning this proposed AD. 21, 2004. DC, between 9 a.m. and 5 p.m., Monday Using the search function of that Web Kalene C. Yanamura, through Friday, except Federal holidays. site, anyone can find and read the Acting Manager, Transport Airplane For service information identified in comments in any of our dockets, Directorate, Aircraft Certification Service. this proposed AD, contact Boeing including the name of the individual [FR Doc. 04–24539 Filed 11–2–04; 8:45 am] Commercial Airplanes, P.O. Box 3707, who sent the comment (or signed the BILLING CODE 4910–13–P Seattle, Washington 98124–2207. comment on behalf of an association,

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business, labor union, etc.). You may Relevant Service Information List of Subjects in 14 CFR Part 39 review DOT’s complete Privacy Act We have reviewed Boeing Service Air transportation, Aircraft, Aviation Statement in the Federal Register Bulletin 767–54–0107, Revision 1, dated safety, Safety. published on April 11, 2000 (65 FR December 18, 2003. The service bulletin The Proposed Amendment 19477–78), or you may visit http:// describes procedures for replacing the dms.dot.gov. inboard fairing seal common to the Accordingly, under the authority We are reviewing the writing style we vapor barrier seal of each strut assembly delegated to me by the Administrator, currently use in regulatory documents. with a new seal. Accomplishing the the FAA proposes to amend 14 CFR part We are interested in your comments on actions specified in the service 39 as follows: whether the style of this document is information is intended to adequately PART 39—AIRWORTHINESS clear, and your suggestions to improve address the unsafe condition. DIRECTIVES the clarity of our communications that FAA’s Determination and Requirements affect you. You can get more 1. The authority citation for part 39 of the Proposed AD information about plain language at continues to read as follows: http://www.faa.gov/language and http:// We have evaluated all pertinent Authority: 49 U.S.C. 106(g), 40113, 44701. www.plainlanguage.gov. information and identified an unsafe condition that is likely to exist or § 39.13 [Amended] Examining the Docket develop on other airplanes of this same 2. The FAA amends § 39.13 by adding You can examine the AD docket on type design. Therefore, we are the following new airworthiness the Internet at http://dms.dot.gov, or in proposing this AD, which would require directive (AD): you to replace the inboard fairing seal person at the Docket Management Boeing: Docket No. FAA–2004–19493; common to the vapor barrier seal of Facility office between 9 a.m. and 5 Directorate Identifier 2004–NM–69–AD. each strut assembly with a new seal. p.m., Monday through Friday, except The proposed AD would require you to Comments Due Date Federal holidays. The Docket use the service information described (a) The Federal Aviation Administration Management Facility office (telephone previously to perform this action. (FAA) must receive comments on this AD (800) 647–5227) is located on the plaza action by December 20, 2004. level of the Nassif Building at the DOT Costs of Compliance Affected ADs street address stated in the ADDRESSES This proposed AD would affect about (b) None. section. Comments will be available in 311 airplanes of U.S. registry and 756 the AD docket shortly after the DMS airplanes worldwide. The proposed Applicability receives them. actions would take about 4 work hours (c) This AD applies to Boeing Model 767– 200, –300, and –300F series airplanes, Discussion per airplane, at an average labor rate of $65 per work hour. Required parts equipped with General Electric and Pratt and We have received a report indicating Whitney engines; as listed in Boeing Service would cost about $185 per airplane. Bulletin 767–54–0107, Revision 1, dated that, during production, the Based on these figures, the estimated December 18, 2003; certificated in any manufacturer discovered that a section cost of the proposed AD for U.S. category. of vapor barrier seal was missing from operators is $138,395, or $445 per the spar web cavities of the left and airplane. Unsafe Condition right upper aft struts on certain Boeing (d) This AD was prompted by discovery Regulatory Findings Model 767–200, –300, and –300F series during production that a section of vapor airplanes. The vapor barrier is intended We have determined that this barrier seal was missing from the spar web cavities of the upper aft struts of both wings. to contain a major spray-type fluid leak proposed AD would not have federalism We are issuing this AD to prevent flammable and direct the fluid through the upper implications under Executive Order fluids from leaking onto parts of a hot aft spar web environmental control 13132. This proposed AD would not exhaust system of a shut-down engine of an system penetration and the strut drain have a substantial direct effect on the airplane on the ground, which could result system. The existing seal lengths do not States, on the relationship between the in ignition of the flammable fluids and an completely seal the cavity, which national Government and the States, or uncontained fire. This could also lead to an results in a gap that could potentially on the distribution of power and emergency evacuation of the airplane and allow vapors and/or fluids to escape. A responsibilities among the various possible injury to passengers. major fluid leak (e.g., fuel/Skydrol) may levels of government. Compliance overwhelm the drainage provisions for For the reasons discussed above, I (e) You are responsible for having the the compartment, filling the certify that the proposed regulation: actions required by this AD performed within compartment and leaking out of the gap. 1. Is not a ‘‘significant regulatory the compliance times specified, unless the The FAA and Boeing have agreed that, action’’ under Executive Order 12866; actions have already been done. for airplanes in flight and on the ground 2. Is not a ‘‘significant rule’’ under the Installation of Seal with the engines running, the fluid can DOT Regulatory Policies and Procedures (f) Within 60 months after the effective escape safely. However, if an airplane is (44 FR 11034, February 26, 1979); and date of this AD, replace the inboard fairing on the ground with the engines shut 3. Will not have a significant seal common to the vapor barrier seal of each down, we are concerned that flammable economic impact, positive or negative, strut assembly with a new inboard fairing fluids could leak onto parts of a hot on a substantial number of small entities seal in accordance with the Accomplishment exhaust system of a shut-down engine under the criteria of the Regulatory Instructions of Boeing Service Bulletin 767– directly below the missing seal area. Flexibility Act. 54–0107, Revision 1, dated December 18, This could result in ignition of the We prepared a regulatory evaluation 2003. flammable fluids and an uncontained of the estimated costs to comply with Seal Installations Accomplished per fire that could also lead to an emergency this proposed AD. See the ADDRESSES Previous Issue of Service Bulletin evacuation of the airplane and possible section for a location to examine the (g) Seal installations accomplished in injury to passengers. regulatory evaluation. accordance with the Accomplishment

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Instructions of Boeing Service Bulletin 767– ADDRESSES: Use one of the following 2003–NM–180–AD’’ at the beginning of 54–0107, dated January 16, 2003, are addresses to submit comments on this your comments. We specifically invite considered acceptable for compliance with proposed AD. comments on the overall regulatory, the corresponding action specified in this • DOT Docket Web site: Go to http:/ economic, environmental, and energy AD. /dms.dot.gov and follow the instructions aspects of the proposed AD. We will Alternative Methods of Compliance for sending your comments consider all comments received by the (AMOCs) electronically. closing date and may amend the (h) The Manager, Seattle Aircraft • Government-wide rulemaking Web proposed AD in light of those Certification Office, FAA, has the authority to site: Go to http://www.regulations.gov comments. approve AMOCs for this AD, if requested and follow the instructions for sending We will post all comments we using the procedures found in 14 CFR 39.19. your comments electronically. receive, without change, to http:// Issued in Renton, Washington, on October • Mail: Docket Management Facility; dms.dot.gov, including any personal 21, 2004. U.S. Department of Transportation, 400 information you provide. We will also Kalene C. Yanamura, Seventh Street, SW., Nassif Building, post a report summarizing each Acting Manager, Transport Airplane room PL–401, Washington, DC 20590. substantive verbal contact with FAA Directorate, Aircraft Certification Service. • Fax: (202) 493–2251. personnel concerning this proposed AD. [FR Doc. 04–24540 Filed 11–2–04; 8:45 am] • Hand Delivery: Room PL–401 on Using the search function of our docket Web site, anyone can find and read the BILLING CODE 4910–13–P the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, comments in any of our dockets, DC, between 9 a.m. and 5 p.m., Monday including the name of the individual DEPARTMENT OF TRANSPORTATION through Friday, except Federal holidays. who sent the comment (or signed the For service information identified in comment on behalf of an association, Federal Aviation Administration this proposed AD, contact Boeing business, labor union, etc.). You can Commercial Airplanes, P.O. Box 3707, review the DOT’s complete Privacy Act 14 CFR Part 39 Seattle, Washington 98124–2207. Statement in the Federal Register You can examine the contents of this published on April 11, 2000 (65 FR [Docket No. FAA–2004–19495; Directorate 19477–78), or you can visit http:// Identifier 2003–NM–180–AD] AD docket on the Internet at http:// dms.dot.gov, or at the Docket dms.dot.gov. RIN 2120–AA64 Management Facility, U.S. Department We are reviewing the writing style we of Transportation, 400 Seventh Street, currently use in regulatory documents. Airworthiness Directives; Boeing We are interested in your comments on Model 747–100, –100B, –100B SUD, SW., room PL–401, on the plaza level of the Nassif Building, Washington, DC. whether the style of this document is –200B, and –300 Series Airplanes; and clear, and your suggestions to improve Model 747SR and 747SP Series FOR FURTHER INFORMATION CONTACT: the clarity of our communications that Airplanes Technical information: Ivan Li, affect you. You can get more Aerospace Engineer, Airframe Branch, information about plain language at AGENCY: Federal Aviation ANM–120S, FAA, Transport Airplane http://www.faa.gov/language and http:// Administration (FAA), DOT. Directorate, Seattle Aircraft Certification www.plainlanguage.gov. ACTION: Notice of proposed rulemaking Office, 1601 Lind Avenue, SW., Renton, (NPRM). Washington 98055–4056; telephone Examining the Docket (425) 917–6437; fax (425) 917–6590. You can examine the AD docket on SUMMARY: The FAA proposes to Plain language information: Marcia the Internet at http://dms.dot.gov, or in supersede an existing airworthiness Walters, [email protected]. person at the Docket Management directive (AD) for certain Boeing Model SUPPLEMENTARY INFORMATION: Facility office between 9 a.m. and 5 747–100, –100B, –100B SUD, –200B, p.m., Monday through Friday, except Docket Management System (DMS) and –300 series airplanes; and Model Federal holidays. The Docket 747SR and 747SP series airplanes. That The FAA has implemented new Management Facility office (telephone AD currently requires repetitive procedures for maintaining AD dockets (800) 647–5227) is located on the plaza inspections to detect fatigue cracking in electronically. As of May 17, 2004, new level of the Nassif Building at the DOT the upper deck floor beams located at AD actions are posted on DMS and street address stated in the ADDRESSES certain body stations, and repair, if assigned a docket number. We track section. Comments will be available in necessary. This proposed AD would each action and assign a corresponding the AD docket shortly after the DMS lower the threshold for the existing directorate identifier. The DMS AD receives them. inspections and would require new docket number is in the form ‘‘Docket repetitive inspections of previously No. FAA–2004–99999.’’ The Transport Discussion repaired areas, and repair if necessary. Airplane Directorate identifier is in the On February 22, 2000, we issued AD This proposed AD is prompted by the form ‘‘Directorate Identifier 2004–NM– 2000–04–17, amendment 39–11600 (65 results of an additional detailed analysis 999–AD.’’ Each DMS AD docket also FR 10695, February 29, 2000), for that indicate fatigue cracks can initiate lists the directorate identifier (‘‘Old certain Boeing Model 747–100, –200, sooner than has previously been Docket Number’’) as a cross-reference and –300 series airplanes. That AD observed. We are proposing this AD to for searching purposes. requires repetitive inspections to detect prevent failure of the upper deck floor fatigue cracking in the upper deck floor beams at certain body stations due to Comments Invited beams located at certain body stations, fatigue cracking, which could result in We invite you to submit any written and repair, if necessary. That AD was rapid decompression and reduced relevant data, views, or arguments prompted by a report from the controllability of the airplane. regarding this proposed AD. Send your manufacturer that, during a fatigue test DATES: We must receive comments on comments to an address listed under at approximately 34,000 total flight this proposed AD by December 20, ADDRESSES. Include ‘‘Docket No. FAA– cycles, the upper chord and web of the 2004. 2004–19495; Directorate Identifier upper deck floor beams located at body

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stations (BS) 340 and 360 were found AD would require you to use the service For locations that have been repaired severed. Another report by an operator information described previously to by oversizing the fastener holes only indicated that, at approximately 33,000 perform these actions, except as (i.e., repair strap and/or clip not total flight cycles, a severed upper chord discussed under ‘‘Differences Between installed) as specified in Table 1 of Part and web were found in the upper deck the Proposed AD and Service Bulletin.’’ 3 of the Accomplishment Instructions of floor beam at BS 380. In addition, the service bulletin, Part 4 of the cracking was found at multiple fastener Differences Between the Proposed AD Accomplishment Instructions of the hole locations. We issued that AD to and Service Bulletin service bulletin does not specify an prevent failure of the upper deck floor Although the service bulletin inspection method or compliance time beams at certain body stations due to recommends accomplishing the initial for that type of repaired location. fatigue cracking, which could result in inspection before the accumulation of Therefore, this proposed AD would rapid decompression and reduced 22,000 total flight cycles, we have require an open-hole HFEC inspection controllability of the airplane. determined that the inspection to detect cracks of the upper floor beams in accordance with Part 1 of the Actions Since Existing AD Was Issued threshold would not address the identified unsafe condition soon enough Accomplishment Instructions of the Since we issued AD 2000–04–17, the to ensure an adequate level of safety for service bulletin. The compliance time results of an additional detailed analysis the affected fleet. As described in AD for that inspection is before the indicate that fatigue cracks can initiate 2004–03–11, amendment 39–13455 (69 accumulation of the applicable sooner than has previously been FR 5920, February 8, 2004), we have threshold specified in the ‘‘New observed. Subsequent to this analysis, received a report indicating that cracks Inspection Threshold’’ column in Table the manufacturer issued, and we were found in the upper deck floor at 1 of Part 3 of the Accomplishment reviewed Revision 2 of Boeing Alert BS 420 on a Boeing Model 747–200F Instructions of the service bulletin, or Service Bulletin 747–53A2431, dated series airplane with 19,598 total flight within 1,000 flight cycles after the June 13, 2002. (The original issue of the cycles. The upper chord and web of the effective date of this AD, whichever service bulletin was referred to in AD floor beam were completely severed. AD occurs later. 2000–04–17 as the appropriate source of 2004–03–11, applicable to certain The service bulletin specifies not to service information for the required Boeing Model 747–200C and –200F count flight cycles with a cabin pressure actions). Revision 2 of the service series airplanes, requires repetitive differential of 2.0 pounds per square bulletin changes the initial inspection inspections to find fatigue cracking in inch (psi) or less, and that any flight threshold from 28,000 total flight cycles the upper chord of the upper deck floor cycles with momentary spikes in cabin to 22,000 total flight cycles. It also adds beams, and repair if necessary. For pressure differential above 2.0 psi must new repetitive inspections of areas certain airplanes, that AD also provides be included as a full-pressure flight repaired per earlier issues of the service an optional repair/modification, which cycle. We find that insufficient data bulletin, and repair of any crack. extends certain repetitive inspection exist to support this adjustment to flight Depending on the location of the repair, intervals. That AD is intended to find cycles. In fact, data are available which the inspections include: indicate that the use of a 2.0 adjustment • and fix cracking in certain upper deck Open-hole HFEC inspections to floor beams, which extend and sever factor provides inaccurate data and detect cracks at the fastener holes of the floor beams at a floor panel attachment unjustified relief for inspection floor panel attachment and the inboard hole location and could result in rapid intervals. Consequently, this AD does and outboard end fastener locations decompression and consequent loss of not allow for this adjustment factor. The service bulletin specifies that you common to the repair strap; and controllability of the airplane. • Surface HFEC inspections to detect may contact the manufacturer for cracks of the upper chord along the edge Since the issuance of AD 2004–03–11, instructions on how to repair certain of the trimmed surface. we have received two reports of conditions, but this proposed AD would Accomplishing the actions specified multiple-floor beam cracking on two require you to repair those conditions in in the service information is intended to Model 747–200F series airplanes with one of the following ways: adequately address the unsafe 19,687 and 23,561 total flight cycles. • Using a method that we approve; or condition. Numerous cracks up to 0.75 inches long • Using data that meet the type were found at the floor beams. Some of certification basis of the airplane, and FAA’s Determination and Requirements the cracks exceeded the repairable that have been approved by a Boeing of the Proposed AD limits specified in Boeing Alert Service Company Designated Engineering We have evaluated all pertinent Bulletin 747–53A2439, dated July 5, Representative who has been authorized information and identified an unsafe 2001 (cited in AD 2004–03–11 as the by the FAA to make those findings. condition that is likely to exist or appropriate source of service Although the service bulletin does not develop on other products of this same information for the required actions). list a grace period in the compliance type design. Therefore, we are We are considering further rulemaking time for the post-repair inspection, this proposing this AD, which would action to address these new findings. proposed AD adds a grace period to the supersede AD 2000–04–17. This The upper deck floor beams at BS compliance times. We find that a grace proposed AD would continue to require 340, 360, and 380 on Model 747–100, period will keep airplanes from being repetitive inspections to detect fatigue –100B, –100B SUD, –200B, and –300 grounded unnecessarily. cracking in the upper deck floor beams series airplanes, and Model 747SR and In addition, the effectivity of service located at certain body stations, and 747SP series airplanes are a similar type bulletin incorrectly specifies ‘‘747– repair, if necessary. The proposed AD design to those on Model 747–200C and 300B’’ as an affected airplane model. also would require the existing –200F series airplanes. Therefore, we The correct model designation is 747– repetitive inspections at a lower find that a 18,000 flight-cycle 300, as specified in type certificate data threshold. In addition, the proposed AD compliance time represents an sheet, A20WE, May 10, 2004. As would require new repetitive appropriate interval of time for affected explained further below, this AD inspections of previously repaired areas, airplanes to continue to operate without specifies model designations in the and repair of any crack. This proposed compromising safety. applicability of this proposed AD as

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published in the most recent type 3. Will not have a significant New Initial Compliance Time certificate data sheet. economic impact, positive or negative, (f) At the earlier of the times specified in on a substantial number of small entities paragraphs (f)(1) and (f)(2) of this AD, do the Certain Changes to Existing AD under the criteria of the Regulatory actions specified in paragraph (h) of this AD. We find that certain affected Model Flexibility Act. (1) Before the accumulation of 28,000 total flight cycles, or within 60 days after March 747–100, –100B, –100B SUD, –200B, We prepared a regulatory evaluation and –300 series airplanes, and Model 15, 2000 (the effective date of AD 2000–04– of the estimated costs to comply with 17, amendment 39–11600), whichever occurs 747SR and 747SP series airplanes were this proposed AD. See the ADDRESSES later. not specifically identified by model section for a location to examine the (2) Before the accumulation of 18,000 total name in the applicability of AD 2000– regulatory evaluation. flight cycles, or within 1,000 flight cycles 04–17. However, all of those airplanes after the effective date of this AD, whichever were identified by manufacturer’s List of Subjects in 14 CFR Part 39 occurs later. fuselage numbers in the effectivity Air transportation, Aircraft, Aviation Determining Number of Flight Cycles for listing of Boeing Alert Service Bulletin safety, Safety. Compliance Time 747–53A2431, dated February 10, 2000, The Proposed Amendment (g) For the purposes of calculating the which was referenced in that AD as the compliance threshold for the actions required appropriate source of service Accordingly, under the authority by paragraph (f) of this AD, all pressurized information for the required actions. delegated to me by the Administrator, flight cycles, including the number of flight Therefore, we have specified model the FAA proposes to amend 14 CFR part cycles in which cabin differential pressure is designations in the applicability of this 39 as follows: at 2.0 pounds per square inch (psi) or less, proposed AD as published in the most must be counted when determining the recent type certificate data sheet and PART 39—AIRWORTHINESS number of flight cycles that have occurred on the airplane. Where the service bulletin and Revision 2 of the referenced service DIRECTIVES this AD differ, the AD prevails. bulletin for the affected models. This proposed AD would retain all 1. The authority citation for part 39 Requirements of AD 2000–04–17 and New requirements of AD 2000–04–17. Since continues to read as follows: Repair Method AD 2000–04–17 was issued, the AD Authority: 49 U.S.C. 106(g), 40113, 44701. (h) At the time specified in paragraph (f) format has been revised, and certain of this AD, perform the actions required by paragraphs have been rearranged. As a § 39.13 [Amended] either paragraph (h)(1) or (h)(2) of this AD. (1) Gain access to the upper deck floor result, paragraph (a) of AD 2000–04–17 2. The FAA amends § 39.13 by beams from above the upper deck floor, and has been redesignated as paragraph (g) removing amendment 39–11600 (65 FR perform an open-hole high frequency eddy in this proposed AD. 10695, February 29, 2000) and adding current (HFEC) inspection to detect cracking Costs of Compliance the following new airworthiness of the upper deck floor beams at BS 340 and directive (AD): 360, and on both the left and right sides of There are about 539 Model 747–100, the floor beam at BS 380 between buttock Boeing: Docket No. FAA–2004–19495; lines (BL) 40 and 76; in accordance with Part –100B, –100B SUD, –200B, and –300 Directorate Identifier 2003–NM–180–AD. series airplanes; and Model 747SR and 1 of the Accomplishment Instructions of 747SP series airplanes worldwide of the Comments Due Date Boeing Alert Service Bulletin 747–53A2431, Revision 2, dated June 13, 2002. (a) The Federal Aviation Administration affected design. This proposed AD (i) If no cracking is found, perform the must receive comments on this airworthiness would affect about 168 airplanes of U.S. actions required by paragraph (h)(1)(i)(A), directive (AD) action by December 20, 2004. registry. (h)(1)(i)(B), or (h)(1)(i)(C) of this AD, in The actions that are currently Affected ADs accordance with the alert service bulletin. required by AD 2000–04–17 and (b) This AD supersedes AD 2000–04–17, (A) Repeat the inspection required by retained in this proposed AD take about amendment 39–11600 (65 FR 10695, paragraph (h)(1) of this AD thereafter at 15 work hours per airplane, at an February 29, 2000). intervals not to exceed 3,000 flight cycles. average labor rate of $65 per work hour. (B) Modify (oversize) the floor panel Applicability Based on these figures, estimated cost of attachment fastener holes as specified in (c) This AD applies to Boeing Model 747– Figure 5 of the alert service bulletin, and the currently required actions is repeat the inspection required by paragraph $163,800, or $975 per airplane. 100, –100B, –100B SUD, –200B, and –300 series airplanes; and Model 747SR and 747SP (h)(1) of this AD within 10,000 flight cycles. Regulatory Findings series airplanes; certificated in any category; Thereafter, repeat the inspection at intervals as listed in Boeing Alert Service Bulletin not to exceed 3,000 flight cycles. We have determined that this 747–53A2431, Revision 2, dated June 13, (C) Do the applicable repair procedures proposed AD would not have federalism 2002. shown in Part 3 of the Accomplishment implications under Executive Order Instructions of the alert service bulletin; Unsafe Condition 13132. This proposed AD would not except where the service bulletin specifies to have a substantial direct effect on the (d) This AD was prompted by the results contact Boeing for appropriate action, before further flight, repair in accordance with States, on the relationship between the of an additional detailed analysis that indicate fatigue cracks can initiate sooner paragraph (h)(1)(ii)(A) of this AD. national Government and the States, or than has previously been observed. We are (ii) If any cracking is found, before further on the distribution of power and issuing this AD to prevent failure of the flight, do the action specified in either responsibilities among the various upper deck floor beams at certain body paragraph (h)(1)(ii)(A) or (h)(1)(ii)(B) of this levels of government. stations (BS) due to fatigue cracking, which AD. For the reasons discussed above, I could result in rapid decompression and (A) Repair in accordance with a method certify that the proposed regulation: reduced controllability of the airplane. approved by the Manager, Seattle Aircraft 1. Is not a ‘‘significant regulatory Certification Office (ACO), FAA, Transport Compliance Airplane Directorate; or in accordance with action’’ under Executive Order 12866; (e) You are responsible for having the data meeting the type certification basis of 2. Is not a ‘‘significant rule’’ under the actions required by this AD performed within the airplane approved by a Boeing Company DOT Regulatory Policies and Procedures the compliance times specified, unless the Designated Engineering Representative (DER) (44 FR 11034, February 26, 1979); and actions have already been done. who has been authorized by the FAA to make

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such findings. For a repair method to be Accomplishment Instructions of Boeing Alert DEPARTMENT OF TRANSPORTATION approved by the Manager, Seattle ACO, as Service Bulletin 747–53A2431, Revision 2, required by this paragraph, the Manager’s dated June 13, 2002. Federal Aviation Administration approval letter must specifically reference (j) If no crack is detected during any this AD. inspection required by paragraphs (i)(1) 14 CFR Part 39 (B) Repair in accordance with Part 3 of the through (i)(3) of this AD, repeat the Accomplishment Instructions of the alert [Docket No. FAA–2004–19496; Directorate service bulletin; except where the service applicable inspection thereafter at intervals Identifier 2003–NM–181–AD] bulletin specifies to contact Boeing for not to exceed 3,000 flight cycles. appropriate action, before further flight, (k) If any crack is detected during any RIN 2120–AA64 repair in accordance with paragraph inspection required by paragraph (i)(1) (h)(1)(ii)(A) of this AD. through (i)(3) of this AD, before further flight, Airworthiness Directives; Bombardier (2) Gain access to the upper deck floor do the action specified in paragraph Model CL–215–6B11 (CL215T Variant) beams from below the upper deck floor; and (h)(1)(ii)(A) of this AD. and CL–215–6B11 (CL415 Variant) perform a surface HFEC inspection to detect (l) For areas repaired in accordance with Series Airplanes cracking of the floor beams at BS 340 and paragraph (h)(1)(ii)(A) of this AD that do not 360, and on both the left and right sides of AGENCY: Federal Aviation have a post-repair inspection program the floor beam at BS 380 between BL 40 and Administration (FAA), DOT. approved by the Manager, Seattle ACO or by 76; in accordance with Part 2 of the ACTION: Notice of proposed rulemaking Accomplishment Instructions of Boeing Alert a Boeing Company DER who has been (NPRM). Service Bulletin 747–53A2431, Revision 2, authorized by the Manager, Seattle ACO, to dated June 13, 2002. make those findings: Do the actions specified SUMMARY: The FAA proposes to adopt a (i) If no cracking is found, repeat the in paragraph (h) of this AD at the time new airworthiness directive (AD) for inspection required by paragraph (h)(2) of specified in that paragraph. certain Bombardier Model CL–215– this AD thereafter at intervals not to exceed 6B11 (CL215T variant) and CL–215– 750 flight cycles. Credit for Previous Released Alert Service Bulletin 6B11 (CL415 variant) series airplanes. (ii) If any cracking is found, before further This proposed AD would require flight, do the action specified in paragraph (m) Actions accomplished before the replacing the mounting pad studs of the (h)(1)(ii) of this AD. effective date of this AD per Boeing Alert auxiliary feather pump with new, longer New Post-Repair Inspection Service Bulletin 747–53A2431, dated studs, and installing a pressure relief February 10, 2000; or Revision 1, dated (i) For areas repaired in accordance with valve. This proposed AD is prompted by paragraph (h)(1)(i)(C) or (h)(1)(ii)(B) of this March 8, 2001; are acceptable for compliance a few incidents of external oil leaks AD: Before the accumulation of the with the applicable requirements of this AD. from the oil pump of the power control applicable threshold specified in the ‘‘New Alternative Methods of Compliance unit due to a malfunction of the Inspection Threshold’’ column in Table 1 of (AMOCs) pressure regulating valve. We are Part 3 of the Accomplishment Instructions of proposing this AD to prevent fracturing Boeing Alert Service Bulletin 747–53A2431, (n)(1) The Manager, Seattle ACO, FAA, has Revision 2, dated June 13, 2002, after the authority to approve AMOCs for this AD, of the pump body, which could result accomplishing the repair; or within 1,000 if requested in accordance with the in loss of engine oil, and consequent flight cycles after the effective date of this procedures found in 14 CFR 39.19. inability to maintain engine oil pressure AD; whichever occurs later: Do the actions (2) An AMOC that provides an acceptable and to feather the propeller. specified in paragraphs (i)(1) through (i)(3) of level of safety may be used for any repair DATES: We must receive comments on this AD, as applicable. required by this AD, if it is approved by a this proposed AD by December 3, 2004. (1) For locations that have been repaired by Boeing Company Designated Engineering ADDRESSES: Use one of the following oversizing the fastener holes only (i.e., repair Representative who has been authorized by strap and/or clip not installed) as shown in addresses to submit comments on this the Manager, Seattle ACO, to make those proposed AD. Part 3 of the Accomplishment Instructions of • Revision 1 or 2 of the alert service bulletin: findings. For a repair method to be approved, DOT Docket Web site: Go to http:/ Perform an open-hole HFEC inspection to the approval must specifically refer to this /dms.dot.gov and follow the instructions detect cracking of the upper deck floor AD. for sending your comments beams, in accordance with Part 1 of the (3) AMOCs, approved previously per AD electronically. Accomplishment Instructions of the alert 2000–14–17, amendment 39–11600, are • Government-wide rulemaking Web service bulletin. approved as AMOCs with paragraph site: Go to http://www.regulations.gov (2) For locations previously repaired as (h)(1)(ii)(A) of this AD, provided that a post- and follow the instructions for sending shown in Figure 8 of Revision 1 or 2 of the repair inspection program has been approved your comments electronically. alert service bulletin: Do an open-hole HFEC by the Manager, Seattle ACO, or by a Boeing • Mail: Docket Management Facility, inspection to detect cracks at the fastener Company Designated Engineering holes of the floor panel attachment and the U.S. Department of Transportation, 400 Representative who has been authorized by inboard and outboard end fastener locations Seventh Street, SW., Nassif Building, common to the repair strap, in accordance the Manager, Seattle ACO, to make those room PL–401, Washington, DC 20590. with Part 4 of the Accomplishment findings. • By fax: (202) 493–2251. • Instructions of Boeing Alert Service Bulletin Issued in Renton, Washington, on October Hand Delivery: room PL–401 on the 747–53A2431, Revision 2, dated June 13, 21, 2004. plaza level of the Nassif Building, 400 2002. Seventh Street, SW., Washington, DC, Kalene C. Yanamura, (3) For locations previously repaired as between 9 a.m. and 5 p.m., Monday shown in Figure 9 or Figure 10 of Revision Acting Manager, Transport Airplane through Friday, except Federal holidays. 1 or 2 of the alert service bulletin: Do a Directorate, Aircraft Certification Service. You can get the service information surface HFEC inspection to detect cracks at [FR Doc. 04–24544 Filed 11–2–04; 8:45 am] identified in this proposed AD from the upper chord along the edge of the trimmed surface; and perform an open-hole BILLING CODE 4910–13–P Bombardier, Inc., Canadair, Aerospace HFEC inspection to detect cracks at the Group, P.O. Box 6087, Station Centre- fastener holes of the floor panel attachment ville, Montreal, Quebec H3C 3G9, and the inboard and outboard end fastener Canada. locations common to the repair strap, in You may examine the contents of this accordance with Part 4 of the AD docket on the Internet at http://

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dms.dot.gov, or at the Docket review the DOT’s complete Privacy Act and installing a pressure relief valve. Management Facility, U.S. Department Statement in the Federal Register Accomplishing the actions specified in of Transportation, 400 Seventh Street, published on April 11, 2000 (65 FR the service information will adequately SW., room PL–401, on the plaza level of 19477–78), or you may visit http:// address the unsafe condition. TCCA the Nassif Building, Washington, DC. dms.dot.gov. mandated the service information and FOR FURTHER INFORMATION CONTACT: We are reviewing the writing style we issued Canadian airworthiness directive Richard Fiesel, Aerospace Engineer, currently use in regulatory documents. CF–2002–14, dated February 13, 2002, Airframe and Propulsion Branch, ANE– We are interested in your comments on to ensure the continued airworthiness of 171, FAA, New York Aircraft whether the style of this document is these airplanes in Canada. Certification Office, 1600 Stewart clear, and your suggestions to improve The service bulletins refer to Pratt & Avenue, Westbury, suite 410, New York the clarity of our communications that Whitney Canada Service Bulletin 11590; telephone (516) 228–7304; fax affect you. You can get more PW100–72–21636, Revision 2, dated (516) 794–5531. information about plain language at June 26, 2002, as an additional source http://www.faa.gov/language and http:// SUPPLEMENTARY INFORMATION: of service information for doing the www.plainlanguage.gov. replacement of the mounting pad studs. Docket Management System (DMS) Examining the Docket FAA’s Determination and Requirements The FAA has implemented new You may examine the AD docket in of the Proposed AD procedures for maintaining AD dockets person at the Docket Management These airplane models are electronically. As of May 17, 2004, new Facility office between 9 a.m. and 5 manufactured in Canada and are type AD actions are posted on DMS and p.m., Monday through Friday, except certificated for operation in the United assigned a docket number. We track Federal holidays. The Docket States under the provisions of section each action and assign a corresponding Management Facility office (telephone 21.29 of the Federal Aviation directorate identifier. The DMS AD (800) 647–5227) is located on the plaza Regulations (14 CFR 21.29) and the docket number is in the form ‘‘Docket level of the Nassif Building at the DOT applicable bilateral airworthiness No. FAA–2004–99999.’’ The Transport street address stated in the ADDRESSES agreement. Pursuant to this bilateral Airplane Directorate identifier is in the section. Comments will be available in airworthiness agreement, TCCA has form ‘‘Directorate Identifier 2004–NM– the AD docket shortly after the DMS kept the FAA informed of the situation 999–AD.’’ Each DMS AD docket also receives them. lists the directorate identifier (‘‘Old described above. We have examined the Docket Number’’) as a cross-reference Discussion TCCA’s findings, evaluated all pertinent for searching purposes. Transport Canada Civil Aviation information, and determined that AD action is necessary for products of this Comments Invited (TCCA), which is the airworthiness authority for Canada, notified us that an type design that are certificated for We invite you to submit any written unsafe condition may exist on certain operation in the United States. relevant data, views, or arguments Bombardier Model CL–215–6B11 Therefore, we are proposing this AD, regarding this proposed AD. Send your (CL215T variant) and CL–215–6B11 which would require replacing the comments to an address listed under (CL415 variant) series airplanes. The mounting pad studs of the auxiliary ADDRESSES. Include ‘‘Docket No. FAA– TCCA advises that there have been a feather pump with new, longer studs, 2004–19496; Directorate Identifier few incidents of external oil leaks from and installing a pressure relief valve. 2003–NM–181–AD ‘‘at the beginning of the oil pump of the propeller control The proposed AD would require you to your comments. We specifically invite unit due to a malfunction of the use the Bombardier service information comments on the overall regulatory, pressure regulating valve, on Pratt & described previously to perform these economic, environmental, and energy Whitney Model PW120 series engines. actions, except as discussed under aspects of the proposed AD. We will The resulting high internal oil pressure ‘‘Difference Between Proposed Rule and consider all comments submitted by the may cause a fracture of the pump body. Referenced Service Bulletins.’’ closing date and may amend the This condition, if not corrected, could Difference Between Proposed Rule and proposed AD in light of those result in loss of engine oil, and Referenced Service Bulletins comments. consequent inability to maintain engine We will post all comments we oil pressure and to feather the propeller. Operators should note that, although receive, without change, to http:// the Accomplishment Instructions of the dms.dot.gov, including any personal Relevant Service Information referenced Bombardier service bulletins information you provide. We will also Bombardier has issued Service describe procedures for submitting a post a report summarizing each Bulletin 215–3108, dated March 28, sheet recording compliance with the substantive verbal contact with FAA 2001 (for Model CL–215–6B11 (CL215T service bulletin, this proposed AD personnel concerning this proposed AD. variant) series airplanes); and would not require that action. We do Using the search function of our docket Bombardier Service Bulletin 215–4234, not need this information from Web site, anyone can find and read the dated March 28, 2001 (for Model CL– operators. comments in any of our dockets, 215–6B11 (CL415 variant) series Costs of Compliance including the name of the individual airplanes). The service bulletins who sent the comment (or signed the describe procedures for replacing the The following table provides the comment on behalf of an association, mounting pad studs of the auxiliary estimated costs for U.S. operators to business, labor union, etc.). You may feather pump with new, longer studs, comply with this proposed AD.

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ESTIMATED COSTS

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

Replacement ...... 2 $65 Free ..... $130 3 $390 Installation ...... 4 65 Free ..... 260 3 780

Regulatory Findings Applicability Issued in Renton, Washington, on October 21, 2004. We have determined that this (c) This AD applies to Bombardier Model proposed AD would not have federalism CL–215–6B11 (CL215T variant) having serial Kalene C. Yanamura, implications under Executive Order numbers (S/N) 1056 through 1125 inclusive, Acting Manager, Transport Airplane 13132. This proposed AD would not and Model CL–215–6B11 (CL415 variant) Directorate, Aircraft Certification Service. have a substantial direct effect on the series airplanes, having S/Ns 2001 through [FR Doc. 04–24543 Filed 11–2–04; 8:45 am] States, on the relationship between the 2053 inclusive; certificated in any category. BILLING CODE 4910–13–P national Government and the States, or Unsafe Condition on the distribution of power and (d) This AD was prompted by a few DEPARTMENT OF TRANSPORTATION responsibilities among the various incidents of external oil leaks from the oil levels of government. pump of the power control unit due to a Federal Aviation Administration For the reasons discussed above, I malfunction of the pressure regulating valve. certify that the proposed regulation: We are issuing this AD to prevent fracturing 14 CFR Part 71 1. Is not a ‘‘significant regulatory of the pump body, which could result in loss action’’ under Executive Order 12866; of engine oil, and consequent inability to [Docket No. FAA–2004–19362; Airspace 2. Is not a ‘‘significant rule’’ under the maintain engine oil pressure and to feather Docket No. 04–AAL–22] DOT Regulatory Policies and Procedures the propeller. (44 FR 11034, February 26, 1979); and Proposed Establishment of Class E 3. Will not have a significant Compliance Airspace; Red Dog, AK economic impact, positive or negative, (e) You are responsible for having the AGENCY: Federal Aviation on a substantial number of small entities actions required by this AD performed within Administration (FAA), DOT. under the criteria of the Regulatory the compliance times specified, unless the Flexibility Act. actions have already been done. ACTION: Notice of proposed rulemaking. We prepared a regulatory evaluation Replacement SUMMARY: This action proposes to of the estimated costs to comply with establish new Class E airspace at Red this proposed AD. See the ADDRESSES (f) Within 12 months after the effective Dog, AK. There is no existing Class E section for a location to examine the date of this AD, replace the mounting pad airspace to contain aircraft executing regulatory evaluation. studs of the auxiliary feather pump with new, longer studs, and install a pressure instrument approaches at Red Dog List of Subjects in 14 CFR Part 39 relief valve; in accordance with the Airport. Adoption of this proposal Air transportation, Aircraft, Aviation Accomplishment Instructions of Bombardier would result in the establishment of safety, Safety. Service Bulletin 215–3108, dated March 28, Class E airspace upward from 700 feet 2001 (for Model CL–215–6B11 (CL215T (ft.) and 1,200 ft. above the surface at The Proposed Amendment variant) series airplanes); or Bombardier Red Dog, AK. Service Bulletin 215–4234, dated March 28, Accordingly, under the authority DATES: Comments must be received on 2001 (for Model CL–215–6B11 (CL415 delegated to me by the Administrator, or before December 20, 2004. variant) series airplanes); as applicable. the FAA proposes to amend 14 CFR part ADDRESSES: Send comments on the 39 as follows: Note 1: Bombardier Service Bulletin 215– 3108 and Bombardier Service Bulletin 215– proposal to the Docket Management System, U.S. Department of PART 39—AIRWORTHINESS 4234 refer to Pratt & Whitney Canada Service Transportation, Room Plaza 401, 400 DIRECTIVES Bulletin PW100–72–21636, Revision 2, dated June 26, 2002, as an additional source of Seventh Street, SW., Washington, DC 1. The authority citation for part 39 service information for accomplishing the 20590–0001. You must identify the continues to read as follows: replacement of the mounting pad studs. docket number FAA–2004–19362/ Authority: 49 U.S.C. 106(g), 40113, 44701. Airspace Docket No. 04–AAL–22, at the No Reporting beginning of your comments. You may § 39.13 [Amended] (g) Although the service bulletin refers to also submit comments on the Internet at 2. The FAA amends § 39.13 by adding a reporting requirement in paragraph 2.B, http://dms.dot.gov. You may review the the following new airworthiness that reporting is not required by this AD. public docket containing the proposal, directive (AD): Alternative Methods of Compliance any comments received, and any final Bombardier, Inc. (Formerly Canadair): (AMOCs) disposition in person in the Dockets Docket No. FAA–2004–19496; Office between 9 a.m. and 5 p.m., (h) The Manager, New York Aircraft Monday through Friday, except Federal Directorate Identifier 2003–NM–181–AD. Certification Office, FAA, has the authority to holidays. The Docket Office (telephone Comments Due Date approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. 1–800–647–5527) is on the plaza level (a) The Federal Aviation Administration of the Department of Transportation must receive comments on this AD action by Related Information December 3, 2004. NASSIF Building at the above address. (i) Canadian airworthiness directive CF– An informal docket may also be Affected ADs 2002–14, dated February 13, 2002, also examined during normal business hours (b) None. addresses the subject of this AD. at the office of the Manager, Safety,

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Alaska Flight Services Operations, request to the Federal Aviation navigation, it is certified that this rule, Federal Aviation Administration, 222 Administration, Office of Air Traffic when promulgated, will not have a West 7th Avenue, Box 14, Anchorage, Airspace Management, ATA–400, 800 significant economic impact on a AK 99513–7587. Independence Avenue, SW., substantial number of small entities FOR FURTHER INFORMATION CONTACT: Washington, DC 20591 or by calling under the criteria of the Regulatory Jesse Patterson, AAL–538G, Federal (202) 267–8783. Communications must Flexibility Act. Aviation Administration, 222 West 7th identify both docket numbers for this Avenue, Box 14, Anchorage, AK 99513– notice. Persons interested in being List of Subjects in 14 CFR Part 71 7587; telephone number (907) 271– placed on a mailing list for future NPRMs should contact the FAA’s Office Airspace, Incorporation by reference, 5898; fax: (907) 271–2850; e-mail: Navigation (air). [email protected]. Internet of Rulemaking, (202) 267–9677, to address: http://www.alaska.faa.gov/at. request a copy of Advisory Circular No. The Proposed Amendment 11–2A, Notice of Proposed Rulemaking SUPPLEMENTARY INFORMATION: Distribution System, which describes In consideration of the foregoing, the Comments Invited the application procedure. Federal Aviation Administration Interested parties are invited to The Proposal proposes to amend 14 CFR part 71 as follows: participate in this proposed rulemaking The FAA is considering an by submitting such written data, views, amendment to the Code of Federal PART 71—DESIGNATION OF CLASS A, or arguments as they may desire. Regulations (14 CFR part 71), which CLASS B, CLASS C, CLASS D, AND Comments that provide the factual basis would establish new Class E airspace at CLASS E AIRSPACE AREAS; supporting the views and suggestions Red Dog, AK. The intended effect of this presented are particularly helpful in AIRWAYS; ROUTES; AND REPORTING proposal is to establish Class E airspace POINTS developing reasoned regulatory upward from 700 ft. and 1,200 ft. above decisions on the proposal. Comments the surface, to contain Instrument Flight are specifically invited on the overall 1. The authority citation for 14 CFR Rules (IFR) operations at Red Dog, AK. part 71 continues to read as follows: regulatory, aeronautical, economic, The Special Instrument Flight environmental, and energy-related Procedures developed for the Red Dog Authority: 49 U.S.C. 106(g), 40103, 40113, aspects of the proposal. Airport currently are not contained in 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Communications should identify both Class E airspace. To improve safety, the 1963 Comp., p. 389. docket numbers and be submitted in FAA is proposing to establish Class E § 71.1 [Amended] triplicate to the address listed above. airspace at Red Dog, AK, which would Commenters wishing the FAA to be sufficient to contain aircraft 2. The incorporation by reference in acknowledge receipt of their comments executing instrument procedures. New 14 CFR 71.1 of Federal Aviation on this notice must submit with those Class E controlled airspace extending Administration Order 7400.9M, comments a self-addressed, stamped upward from 700 ft. and 1,200 ft. above Airspace Designations and Reporting postcard on which the following the surface within the Red Dog Airport Points, dated August 30, 2004, and statement is made: ‘‘Comments to area would be created by this action. effective September 16, 2004, is to be Docket No. FAA–2004–19362/Airspace The area would be depicted on amended as follows: Docket No. 04–AAL–22.’’ The postcard aeronautical charts for pilot reference. will be date/time stamped and returned The coordinates for this airspace docket * * * * * to the commenter. are based on North American Datum 83. Paragraph 6005 Class E airspace extending All communications received on or The Class E airspace areas designated as upward from 700 feet or more above the before the specified closing date for 700/1200 foot transition areas are surface of the earth. comments will be considered before published in paragraph 6005 in FAA * * * * * taking action on the proposed rule. The Order 7400.9M, Airspace Designations proposal contained in this notice may and Reporting Points, datedAugust 30, AAL AK E5 Red Dog, AK [New] be changed in light of comments 2004, and effective September 16, 2004, Red Dog Airport, AK received. All comments submitted will which is incorporated by reference in 14 (Lat. 68°01′53″ N., long. 162°′54′11″ W.) be available for examination in the CFR 71.1. The Class E airspace That airspace extending upward from 700 public docket both before and after the designations listed in this document feet above the surface within a 6.3-mile closing date for comments. A report would be published subsequently in the radius of the Red Dog Airport and that summarizing each substantive public Order. airspace extending upward from 1,200 feet contact with FAA personnel concerned The FAA has determined that this above the surface within a 14-mile radius of with this rulemaking will be filed in the proposed regulation only involves an the Red Dog airport. docket. established body of technical regulations for which frequent and * * * * * Availability of Notice of Proposed routine amendments are necessary to Issued in Anchorage, AK, on October 25, Rulemakings (NPRMs) keep them operationally current. It, 2004. An electronic copy of this document therefore—(1) is not a ‘‘significant Anthony M. Wylie, may be downloaded through the regulatory action’’ under Executive Acting Area Director, Alaska Flight Services Internet at http://dms.dot.gov. Recently Order 12866; (2) is not a ‘‘significant Operations. published rulemaking documents can rule’’ under DOT Regulatory Policies [FR Doc. 04–24461 Filed 11–2–04; 8:45 am] also be accessed through the FAA’s Web and Procedures (44 FR 11034; February BILLING CODE 4910–13–P page at http://www.faa.gov or the 26, 1979); and (3) does not warrant Superintendent of Document’s Web preparation of a regulatory evaluation as page at http://www.access.gpo.gov/nara. the anticipated impact is so minimal. Additionally, any person may obtain Since this is a routine matter that will a copy of this notice by submitting a only affect air traffic procedures and air

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DEPARTMENT OF TRANSPORTATION Comments that provide the factual basis would establish new Class E airspace at supporting the views and suggestions Seward, AK. The intended effect of this Federal Aviation Administration presented are particularly helpful in proposal is to establish Class E airspace developing reasoned regulatory upward from 700 ft. above the surface, 14 CFR Part 71 decisions on the proposal. Comments to contain Instrument Flight Rules (IFR) [Docket No. FAA–2004–19363; Airspace are specifically invited on the overall operations at Seward, AK. regulatory, aeronautical, economic, Docket No. 04–AAL–23] The Special Instrument Flight environmental, and energy-related Procedure developed for the Seward Proposed Establishment of Class E aspects of the proposal. Airport currently is not contained in Airspace; Seward, AK Communications should identify both docket numbers and be submitted in Class E airspace. To improve safety, the AGENCY: Federal Aviation triplicate to the address listed above. FAA is proposing to establish Class E Administration (FAA), DOT. Commenters wishing the FAA to airspace at Seward, AK, which would be ACTION: Notice of proposed rulemaking. acknowledge receipt of their comments sufficient to contain aircraft executing on this notice must submit with those instrument procedures. New Class E SUMMARY: This action proposes to comments a self-addressed, stamped controlled airspace extending upward establish new Class E airspace at postcard on which the following from 700 ft. above the surface within the Seward, AK. There is no existing Class statement is made: ‘‘Comments to Seward Airport area would be created E airspace to contain aircraft executing Docket No. FAA–2004–19363/Airspace by this action. instrument approaches at Seward Docket No. 04–AAL–23.’’ The postcard The area would be depicted on Airport. Adoption of this proposal will be date/time stamped and returned would result in the establishment of aeronautical charts for pilot reference. to the commenter. The coordinates for this airspace docket Class E airspace upward from 700 feet All communications received on or are based on North American Datum 83. (ft.) above the surface at Seward, AK. before the specified closing date for The Class E airspace areas designated as DATES: Comments must be received on comments will be considered before 700/1200 foot transition areas are or before December 20, 2004. taking action on the proposed rule. The published in paragraph 6005 in FAA ADDRESSES: Send comments on the proposal contained in this notice may be changed in light of comments Order 7400.9M, Airspace Designations proposal to the Docket Management and Reporting Points, dated August 30, System, U.S. Department of received. All comments submitted will 2004, and effective September 16, 2004, Transportation, Room Plaza 401, 400 be available for examination in the which is incorporated by reference in 14 Seventh Street, SW., Washington, DC public docket both before and after the CFR 71.1. The Class E airspace 20590–0001. You must identify the closing date for comments. A report docket number FAA–2004–19363/ summarizing each substantive public designations listed in this document Airspace Docket No. 04–AAL–23, at the contact with FAA personnel concerned would be published subsequently in the beginning of your comments. You may with this rulemaking will be filed in the Order. also submit comments on the Internet at docket. The FAA has determined that this http://dms.dot.gov. You may review the Availability of Notice of Proposed proposed regulation only involves an public docket containing the proposal, Rulemaking’s (NPRM’s) established body of technical any comments received, and any final regulations for which frequent and An electronic copy of this document disposition in person in the Dockets routine amendments are necessary to may be downloaded through the Office between 9 a.m. and 5 p.m., keep them operationally current. It, Internet at http://dms.dot.gov. Recently Monday through Friday, except Federal therefore—(1) is not a ‘‘significant holidays. The Docket Office (telephone published rulemaking documents can also be accessed through the FAA’s Web regulatory action’’ under Executive 1–800–647–5527) is on the plaza level Order 12866; (2) is not a ‘‘significant of the Department of Transportation page at http://www.faa.gov or the Superintendent of Document’s Web rule’’ under DOT Regulatory Policies NASSIF Building at the above address. and Procedures (44 FR 11034; February An informal docket may also be page at http://www.access.gpo.gov/nara. Additionally, any person may obtain 26, 1979); and (3) does not warrant examined during normal business hours a copy of this notice by submitting a preparation of a regulatory evaluation as at the office of the Manager, Safety, request to the Federal Aviation the anticipated impact is so minimal. Alaska Flight Services Operations, Administration, Office of Air Traffic Since this is a routine matter that will Federal Aviation Administration, 222 Airspace Management, ATA–400, 800 only affect air traffic procedures and air West 7th Avenue, Box 14, Anchorage, Independence Avenue, SW., navigation, it is certified that this rule, AK 99513–7587. Washington, DC 20591 or by calling when promulgated, will not have a FOR FURTHER INFORMATION CONTACT: (202) 267–8783. Communications must significant economic impact on a Jesse Patterson, AAL–538G, Federal identify both docket numbers for this substantial number of small entities Aviation Administration, 222 West 7th notice. Persons interested in being under the criteria of the Regulatory Avenue, Box 14, Anchorage, AK 99513– placed on a mailing list for future Flexibility Act. 7587; telephone number (907) 271– NPRM’s should contact the FAA’s 5898; fax: (907) 271–2850; e-mail: Office of Rulemaking, (202) 267–9677, List of Subjects in 14 CFR Part 71 [email protected]. Internet to request a copy of Advisory Circular address: http://www.alaska.faa.gov/at. Airspace, Incorporation by reference, No. 11–2A, Notice of Proposed Navigation (air). SUPPLEMENTARY INFORMATION: Rulemaking Distribution System, which Comments Invited describes the application procedure. The Proposed Amendment Interested parties are invited to The Proposal In consideration of the foregoing, the participate in this proposed rulemaking The FAA is considering an Federal Aviation Administration by submitting such written data, views, amendment to the Code of Federal proposes to amend 14 CFR part 71 as or arguments as they may desire. Regulations (14 CFR Part 71), which follows:

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PART 71—DESIGNATION OF CLASS A, DATES: Comments must be received on comments will be considered before CLASS B, CLASS C, CLASS D, AND or before December 20, 2004. taking action on the proposed rule. The CLASS E AIRSPACE AREAS; ADDRESSES: Send comments on the proposal contained in this notice may AIRWAYS; ROUTES; AND REPORTING proposal to the Docket Management be changed in light of comments POINTS System, U.S. Department of received. All comments submitted will Transportation, Room Plaza 401, 400 be available for examination in the 1. The authority citation for 14 CFR Seventh Street, SW., Washington, DC public docket both before and after the part 71 continues to read as follows: 20590–0001. You must identify the closing date for comments. A report Authority: 49 U.S.C. 106(g), 40103, 40113, docket number FAA–2004–19357/ summarizing each substantive public 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Airspace Docket No. 04–AAL–17, at the contact with FAA personnel concerned 1963 Comp., p. 389. beginning of your comments. You may with this rulemaking will be filed in the § 71.1 [Amended] also submit comments on the Internet at docket. 2. The incorporation by reference in http://dms.dot.gov. You may review the Availability of Notice of Proposed 14 CFR 71.1 of Federal Aviation public docket containing the proposal, Rulemaking’s (NPRM’s) any comments received, and any final Administration Order 7400.9M, An electronic copy of this document disposition in person in the Dockets Airspace Designations and Reporting may be downloaded through the Office between 9 a.m. and 5 p.m., Points, dated August 30, 2004, and Internet at http://dms.dot.gov. Recently Monday through Friday, except Federal effective September 16, 2004, is to be published rulemaking documents can holidays. The Docket Office (telephone amended as follows: also be accessed through the FAA’s Web 1–800–647–5527) is on the plaza level * * * * * page at http://www.faa.gov or the of the Department of Transportation Superintendent of Document’s Web Paragraph 6005 Class E airspace extending NASSIF Building at the above address. page at http://www.access.gpo.gov/nara. upward from 700 feet or more above the An informal docket may also be Additionally, any person may obtain surface of the earth. examined during normal business hours a copy of this notice by submitting a * * * * * at the office of the Manager, Safety, request to the Federal Aviation Alaska Flight Services Operations, AAL AK E5 Seward, AK [New] Administration, Office of Air Traffic Federal Aviation Administration, 222 Airspace Management, ATA–400, 800 Seward Airport, AK West 7th Avenue, Box 14, Anchorage, (Lat. 60°07′37″ N., long. 149°25′08″ W.) Independence Avenue, SW., AK 99513–7587. That airspace extending upward from 700 Washington, DC 20591 or by calling feet above the surface within a 4-mile radius FOR FURTHER INFORMATION CONTACT: (202) 267–8783. Communications must of the Seward Airport. Jesse Patterson, AAL–538G, Federal identify both docket numbers for this * * * * * Aviation Administration, 222 West 7th notice. Persons interested in being Avenue, Box 14, Anchorage, AK 99513– Issued in Anchorage, AK, on October 25, placed on a mailing list for future 7587; telephone number (907) 271– NPRM’s should contact the FAA’s 2004. 5898; fax: (907) 271–2850; e-mail: Anthony M. Wylie, Office of Rulemaking, (202) 267–9677, [email protected]. Internet to request a copy of Advisory Circular Acting Area Director, Alaska Flight Services address: http://www.alaska.faa.gov/at. Operations. No. 11–2A, Notice of Proposed SUPPLEMENTARY INFORMATION: Rulemaking Distribution System, which [FR Doc. 04–24460 Filed 11–2–04; 8:45 am] describes the application procedure. BILLING CODE 4910–13–P Comments Invited Interested parties are invited to The Proposal participate in this proposed rulemaking The FAA is considering an DEPARTMENT OF TRANSPORTATION by submitting such written data, views, amendment to the Code of Federal or arguments as they may desire. Federal Aviation Administration Regulations (14 CFR part 71) which Comments that provide the factual basis would establish new Class E airspace at supporting the views and suggestions 14 CFR Part 71 Annette Island Airport, Metlakatla, AK. presented are particularly helpful in The intended effect of this proposal is [Docket No. FAA–2004–19357; Airspace developing reasoned regulatory to establish Class E airspace upward Docket No. 04–AAL–17] decisions on the proposal. Comments from 700 ft. above the surface, to are specifically invited on the overall contain Instrument Flight Rules (IFR) Proposed Establishment of Class E regulatory, aeronautical, economic, operations at Annette Island Airport. Airspace; Annette Island, Metlakatla, environmental, and energy-related The Special Instrument Flight AK aspects of the proposal. Procedures developed for the Annette AGENCY: Federal Aviation Communications should identify both Island Airport currently are not Administration (FAA), DOT. docket numbers and be submitted in contained in Class E airspace. To ACTION: Notice of proposed rulemaking. triplicate to the address listed above. improve safety, the FAA is proposing to Commenters wishing the FAA to establish Class E airspace at Annette SUMMARY: This action proposes to acknowledge receipt of their comments Island Airport, which would be establish new Class E airspace at on this notice must submit with those sufficient to contain aircraft executing Annette Island Airport, Metlakatla, AK. comments a self-addressed, stamped instrument procedures. New Class E There is no existing Class E airspace to postcard on which the following controlled airspace extending upward contain aircraft executing instrument statement is made: ‘‘Comments to from 700 ft. above the surface within the approaches at Annette Island Airport, Docket No. FAA–2004–19357/Airspace Annette Island Airport area would be AK. Adoption of this proposal would Docket No. 04–AAL–17.’’ The postcard created by this action. result in the establishment of Class E will be date/time stamped and returned The area would be depicted on airspace upward from 700 feet (ft.) to the commenter. aeronautical charts for pilot reference. above the surface at Annette Island All communications received on or The coordinates for this airspace docket Airport, AK. before the specified closing date for are based on North American Datum 83.

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The Class E airspace areas designated as AAL AK E5 Metlakatla, AK [New] FOR FURTHER INFORMATION CONTACT: 700/1200 foot transition areas are Annette Island Airport, AK Jesse Patterson, AAL–538G, Federal published in paragraph 6005 in FAA (Lat. 55°02′33″ N., long. 131°34′20″ W.) Aviation Administration, 222 West 7th Order 7400.9M, Airspace Designations That airspace extending upward from 700 Avenue, Box 14, Anchorage, AK 99513– and Reporting Points, dated August 30, feet above the surface within a 4.5-mile 7587; telephone number (907) 271– 2004, and effective September 16, 2004, radius of the Annette Island Airport. 5898; fax: (907) 271–2850; email: which is incorporated by reference in 14 * * * * * [email protected]. Internet CFR 71.1. The Class E airspace Issued in Anchorage, AK, on October 25, address: http://www.alaska.faa.gov/at. designations listed in this document 2004. SUPPLEMENTARY INFORMATION: would be published subsequently in the Anthony M. Wylie, Comments Invited Order. Acting Area Director, Alaska Flight Services The FAA has determined that this Operations. Interested parties are invited to participate in this proposed rulemaking proposed regulation only involves an [FR Doc. 04–24459 Filed 11–2–04; 8:45 am] established body of technical by submitting such written data, views, BILLING CODE 4910–13–P regulations for which frequent and or arguments as they may desire. routine amendments are necessary to Comments that provide the factual basis keep them operationally current. It, DEPARTMENT OF TRANSPORTATION supporting the views and suggestions therefore—(1) is not a ‘‘significant presented are particularly helpful in regulatory action’’ under Executive Federal Aviation Administration developing reasoned regulatory Order 12866; (2) is not a ‘‘significant decisions on the proposal. Comments rule’’ under DOT Regulatory Policies 14 CFR Part 71 are specifically invited on the overall and Procedures (44 FR 11034; February regulatory, aeronautical, economic, [Docket No. FAA–2004–19358; Airspace environmental, and energy-related 26, 1979); and (3) does not warrant Docket No. 04–AAL–18] preparation of a regulatory evaluation as aspects of the proposal. the anticipated impact is so minimal. Proposed Establishment of Class E Communications should identify both Since this is a routine matter that will Airspace; Badami, AK docket numbers and be submitted in only affect air traffic procedures and air triplicate to the address listed above. navigation, it is certified that this rule, AGENCY: Federal Aviation Commenters wishing the FAA to when promulgated, will not have a Administration (FAA), DOT. acknowledge receipt of their comments significant economic impact on a ACTION: Notice of proposed rulemaking. on this notice must submit with those substantial number of small entities comments a self-addressed, stamped SUMMARY: This action proposes to postcard on which the following under the criteria of the Regulatory establish new Class E airspace at Flexibility Act. statement is made: ‘‘Comments to Badami, AK. There is no existing Class Docket No. FAA–2004–19358/Airspace List of Subjects in 14 CFR Part 71 E airspace to contain aircraft executing Docket No. 04–AAL–18.’’ The postcard instrument approaches at Badami Airspace, Incorporation by reference, will be date/time stamped and returned Airport. Adoption of this proposal Navigation (air). to the commenter. would result in the establishment of All communications received on or The Proposed Amendment Class E airspace upward from 700 feet before the specified closing date for In consideration of the foregoing, the (ft.) above the surface at Badami, AK. comments will be considered before Federal Aviation Administration DATES: Comments must be received on taking action on the proposed rule. The proposes to amend 14 CFR part 71 as or before December 20, 2004. proposal contained in this notice may follows: ADDRESSES: Send comments on the be changed in light of comments proposal to the Docket Management received. All comments submitted will PART 71—DESIGNATION OF CLASS A, System, U.S. Department of be available for examination in the CLASS B, CLASS C, CLASS D, AND Transportation, Room Plaza 401, 400 public docket both before and after the CLASS E AIRSPACE AREAS; Seventh Street, SW., Washington, DC closing date for comments. A report AIRWAYS; ROUTES; AND REPORTING 20590–0001. You must identify the summarizing each substantive public POINTS docket number FAA–2004–19358/ contact with FAA personnel concerned Airspace Docket No. 04–AAL–18, at the 1. The authority citation for 14 CFR with this rulemaking will be filed in the beginning of your comments. You may part 71 continues to read as follows: docket. also submit comments on the Internet at Authority: 49 U.S.C. 106(g), 40103, 40113, http://dms.dot.gov. You may review the Availability of Notice of Proposed 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– public docket containing the proposal, Rulemaking’s (NPRM’s) 1963 Comp., p. 389. any comments received, and any final An electronic copy of this document § 71.1 [Amended] disposition in person in the Dockets may be downloaded through the 2. The incorporation by reference in Office between 9 a.m. and 5 p.m., Internet at http://dms.dot.gov. Recently 14 CFR 71.1 of Federal Aviation Monday through Friday, except Federal published rulemaking documents can Administration Order 7400.9M, holidays. The Docket Office (telephone also be accessed through the FAA’s Web Airspace Designations and Reporting 1–800–647–5527) is on the plaza level page at http://www.faa.gov or the Points, dated August 30, 2004, and of the Department of Transportation Superintendent of Document’s Web effective September 16, 2004, is to be NASSIF Building at the above address. page at http://www.access.gpo.gov/nara. amended as follows: An informal docket may also be Additionally, any person may obtain examined during normal business hours a copy of this notice by submitting a * * * * * at the office of the Manager, Safety, request to the Federal Aviation Paragraph 6005 Class E airspace extending Alaska Flight Services Operations, Administration, Office of Air Traffic upward from 700 feet or more above the Federal Aviation Administration, 222 Airspace Management, ATA–400, 800 surface of the earth. West 7th Avenue, Box 14, Anchorage, Independence Avenue, SW., * * * * * AK 99513–7587. Washington, DC 20591 or by calling

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(202) 267–8783. Communications must under the criteria of the Regulatory SUMMARY: This action proposes to identify both docket numbers for this Flexibility Act. establish new Class E airspace at notice. Persons interested in being Haines, AK. There is no existing Class List of Subjects in 14 CFR Part 71 placed on a mailing list for future E airspace to contain aircraft executing NPRM’s should contact the FAA’s Airspace, Incorporation by reference, instrument approaches at Haines Office of Rulemaking, (202) 267–9677, Navigation (air). Airport. Adoption of this proposal to request a copy of Advisory Circular The Proposed Amendment would result in the establishment of No. 11–2A, Notice of Proposed Class E airspace upward from 700 feet Rulemaking Distribution System, which In consideration of the foregoing, the (ft.) above the surface at Haines, AK. Federal Aviation Administration describes the application procedure. DATES: proposes to amend 14 CFR part 71 as Comments must be received on The Proposal follows: or before December 20, 2004. ADDRESSES: Send comments on the The FAA is considering an PART 71—DESIGNATION OF CLASS A, proposal to the Docket Management amendment to the Code of Federal CLASS B, CLASS C, CLASS D, AND System, U.S. Department of Regulations (14 CFR Part 71), which CLASS E AIRSPACE AREAS; Transportation, Room Plaza 401, 400 would establish new Class E airspace at AIRWAYS; ROUTES; AND REPORTING Seventh Street, SW., Washington, DC Badami, AK. The intended effect of this POINTS 20590–0001. You must identify the proposal is to establish Class E airspace docket number FAA–2004–19359/ upward from 700 ft. above the surface, 1. The authority citation for 14 CFR Airspace Docket No. 04–AAL–19, at the to contain Instrument Flight Rules (IFR) part 71 continues to read as follows: beginning of your comments. You may operations at Badami, AK. Authority: 49 U.S.C. 106(g), 40103, 40113, also submit comments on the Internet at The Special Instrument Flight 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– http://dms.dot.gov. You may review the Procedures developed for the Badami 1963 Comp., p. 389. public docket containing the proposal, Airport currently are not contained in § 71.1 [Amended] any comments received, and any final Class E airspace. To improve safety, the 2. The incorporation by reference in disposition in person in the Dockets FAA is proposing to establish Class E 14 CFR 71.1 of Federal Aviation Office between 9 a.m. and 5 p.m., airspace at Badami, AK, which would Administration Order 7400.9M, Monday through Friday, except Federal be sufficient to contain aircraft Airspace Designations and Reporting holidays. The Docket Office (telephone executing instrument procedures. New Points, dated August 30, 2004, and 1–800–647–5527) is on the plaza level Class E controlled airspace extending effective September 16, 2004, is to be of the Department of Transportation upward from 700 ft. above the surface amended as follows: NASSIF Building at the above address. within the Badami Airport area would An informal docket may also be be created by this action. * * * * * examined during normal business hours The area would be depicted on Paragraph 6005 Class E airspace extending at the office of the Manager, Safety, aeronautical charts for pilot reference. upward from 700 feet or more above the Alaska Flight Services Operations, The coordinates for this airspace docket surface of the earth. Federal Aviation Administration, 222 are based on North American Datum 83. * * * * * West 7th Avenue, Box 14, Anchorage, The Class E airspace areas designated as AAL AK E5 Badami, AK [New] AK 99513–7587. 700/1200 foot transition areas are FOR FURTHER INFORMATION CONTACT: published in paragraph 6005 in FAA Badami Airport, AK (Lat. 70°08′15″ N., long. 147°01′49″ W.) Jesse Patterson, AAL–538G, Federal Order 7400.9M, Airspace Designations That airspace extending upward from 700 Aviation Administration, 222 West 7th and Reporting Points, dated August 30, feet above the surface within a 6.3-mile Avenue, Box 14, Anchorage, AK 99513– 2004, and effective September 16, 2004, radius of the Badami Airport. 7587; telephone number (907) 271– which is incorporated by reference in 14 * * * * * 5898; fax: (907) 271–2850; email: CFR 71.1. The Class E airspace [email protected]. Internet designations listed in this document Issued in Anchorage, AK, on October 25, address: http://www.alaska.faa.gov/at. would be published subsequently in the 2004. SUPPLEMENTARY INFORMATION: Order. Anthony M. Wylie, The FAA has determined that this Acting Area Director, Alaska Flight Services Comments Invited proposed regulation only involves an Operations. Interested parties are invited to established body of technical [FR Doc. 04–24458 Filed 11–2–04; 8:45 am] participate in this proposed rulemaking regulations for which frequent and BILLING CODE 4910–13–P by submitting such written data, views, routine amendments are necessary to or arguments as they may desire. keep them operationally current. It, Comments that provide the factual basis therefore —(1) is not a ‘‘significant DEPARTMENT OF TRANSPORTATION supporting the views and suggestions regulatory action’’ under Executive presented are particularly helpful in Order 12866; (2) is not a ‘‘significant Federal Aviation Administration developing reasoned regulatory rule’’ under DOT Regulatory Policies decisions on the proposal. Comments and Procedures (44 FR 11034; February 14 CFR Part 71 are specifically invited on the overall 26, 1979); and (3) does not warrant [Docket No. FAA–2004–19359; Airspace regulatory, aeronautical, economic, preparation of a regulatory evaluation as Docket No. 04–AAL–19] environmental, and energy-related the anticipated impact is so minimal. aspects of the proposal. Since this is a routine matter that will Proposed Establishment of Class E Communications should identify both only affect air traffic procedures and air Airspace; Haines, AK docket numbers and be submitted in navigation, it is certified that this rule, AGENCY: Federal Aviation triplicate to the address listed above. when promulgated, will not have a Administration (FAA), DOT. Commenters wishing the FAA to significant economic impact on a acknowledge receipt of their comments ACTION: Notice of proposed rulemaking. substantial number of small entities on this notice must submit with those

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comments a self-addressed, stamped from 700 ft. above the surface within the effective September 16, 2004, is to be postcard on which the following Haines Airport area would be created by amended as follows: statement is made: ‘‘Comments to this action. * * * * * Docket No. FAA–2004–19359/Airspace The area would be depicted on Docket No. 04–AAL–19.’’ The postcard aeronautical charts for pilot reference. Paragraph 6005 Class E airspace extending will be date/time stamped and returned upward from 700 feet or more above the The coordinates for this airspace docket surface of the earth. to the commenter. are based on North American Datum 83. All communications received on or The Class E airspace areas designated as * * * * * before the specified closing date for 700/1200 foot transition areas are AAL AK E5 Haines, AK [New] comments will be considered before published in paragraph 6005 in FAA Haines Airport, AK taking action on the proposed rule. The Order 7400.9M, Airspace Designations (Lat. 59°14′38″ N., long. 135°31′25″ W.) proposal contained in this notice may and Reporting Points, dated August 30, That airspace extending upward from 700 be changed in light of comments 2004, and effective September 16, 2004, feet above the surface within a 4-mile radius received. All comments submitted will which is incorporated by reference in 14 of the Haines Airport. be available for examination in the CFR 71.1. The Class E airspace * * * * * public docket both before and after the designations listed in this document closing date for comments. A report would be published subsequently in the Issued in Anchorage, AK, on October 25, summarizing each substantive public Order. 2004. contact with FAA personnel concerned The FAA has determined that this Anthony M. Wylie, with this rulemaking will be filed in the proposed regulation only involves an Acting Area Director, Alaska Flight Services docket. established body of technical Operations. Availability of Notice of Proposed regulations for which frequent and [FR Doc. 04–24457 Filed 11–2–04; 8:45 am] Rulemakings (NPRMs) routine amendments are necessary to BILLING CODE 4910–13–P keep them operationally current. It, An electronic copy of this document therefore —(1) is not a ‘‘significant may be downloaded through the regulatory action’’ under Executive DEPARTMENT OF TRANSPORTATION Internet at http://dms.dot.gov. Recently Order 12866; (2) is not a ‘‘significant published rulemaking documents can Federal Aviation Administration rule’’ under DOT Regulatory Policies also be accessed through the FAA’s Web and Procedures (44 FR 11034; February page at http://www.faa.gov or the 14 CFR Part 71 26, 1979); and (3) does not warrant Superintendent of Documents’ Web preparation of a regulatory evaluation as [Docket No. FAA–2004–19360; Airspace page at http://www.access.gpo.gov/nara. Docket No. 04–AAL–20] Additionally, any person may obtain the anticipated impact is so minimal. a copy of this notice by submitting a Since this is a routine matter that will only affect air traffic procedures and air Proposed Establishment of Class E request to the Federal Aviation Airspace; Kulik Lake, AK Administration, Office of Air Traffic navigation, it is certified that this rule, Airspace Management, ATA–400, 800 when promulgated, will not have a AGENCY: Federal Aviation Independence Avenue, SW., significant economic impact on a Administration (FAA), DOT. Washington, DC 20591 or by calling substantial number of small entities ACTION: Notice of proposed rulemaking. (202) 267–8783. Communications must under the criteria of the Regulatory SUMMARY: This action proposes to identify both docket numbers for this Flexibility Act. establish new Class E airspace at Kulik notice. Persons interested in being List of Subjects in 14 CFR Part 71 Lake, AK. There is no existing Class E placed on a mailing list for future Airspace, Incorporation by reference, airspace to contain aircraft executing NPRM’s should contact the FAA’s Navigation (air). instrument approaches at Kulik Lake Office of Rulemaking, (202) 267–9677, Airport. Adoption of this proposal to request a copy of Advisory Circular The Proposed Amendment would result in the establishment of No. 11–2A, Notice of Proposed In consideration of the foregoing, the Class E airspace upward from 700 feet Rulemaking Distribution System, which Federal Aviation Administration (ft.) above the surface at Kulik Lake, AK. describes the application procedure. proposes to amend 14 CFR part 71 as DATES: Comments must be received on The Proposal follows: or before December 20, 2004. ADDRESSES: The FAA is considering an PART 71—DESIGNATION OF CLASS A, Send comments on the amendment to the Code of Federal CLASS B, CLASS C, CLASS D, AND proposal to the Docket Management Regulations (14 CFR part 71), which CLASS E AIRSPACE AREAS; System, U.S. Department of would establish new Class E airspace at AIRWAYS; ROUTES; AND REPORTING Transportation, Room Plaza 401, 400 Haines, AK. The intended effect of this POINTS Seventh Street, SW., Washington, DC proposal is to establish Class E airspace 20590–0001. You must identify the upward from 700 ft. above the surface, 1. The authority citation for 14 CFR docket number FAA–2004–19360/ to contain Instrument Flight Rules (IFR) part 71 continues to read as follows: Airspace Docket No. 04–AAL–20, at the operations at Haines, AK. Authority: 49 U.S.C. 106(g), 40103, 40113, beginning of your comments. You may The Special Instrument Flight 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– also submit comments on the Internet at Procedures developed for the Haines 1963 Comp., p. 389. http://dms.dot.gov. You may review the Airport currently are not contained in public docket containing the proposal, Class E airspace. To improve safety, the § 71.1 [Amended] any comments received, and any final FAA is proposing to establish Class E 2. The incorporation by reference in disposition in person in the Dockets airspace at Haines, AK, which would be 14 CFR 71.1 of Federal Aviation Office between 9 a.m. and 5 p.m., sufficient to contain aircraft executing Administration Order 7400.9M, Monday through Friday, except Federal instrument procedures. New Class E Airspace Designations and Reporting holidays. The Docket Office (telephone controlled airspace extending upward Points, dated August 30, 2004, and 1–800–647–5527) is on the plaza level

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of the Department of Transportation page at http://www.faa.gov or the and Procedures (44 FR 11034; February NASSIF Building at the above address. Superintendent of Document’s Web 26, 1979); and (3) does not warrant An informal docket may also be page at http://www.access.gpo.gov/nara. preparation of a regulatory evaluation as examined during normal business hours Additionally, any person may obtain the anticipated impact is so minimal. at the office of the Manager, Safety, a copy of this notice by submitting a Since this is a routine matter that will Alaska Flight Services Operations, request to the Federal Aviation only affect air traffic procedures and air Federal Aviation Administration, 222 Administration, Office of Air Traffic navigation, it is certified that this rule, West 7th Avenue, Box 14, Anchorage, Airspace Management, ATA–400, 800 when promulgated, will not have a AK 99513–7587. Independence Avenue, SW., significant economic impact on a FOR FURTHER INFORMATION CONTACT: Washington, DC 20591 or by calling substantial number of small entities Jesse Patterson, AAL–538G, Federal (202) 267–8783. Communications must under the criteria of the Regulatory Aviation Administration, 222 West 7th identify both docket numbers for this Flexibility Act. notice. Persons interested in being Avenue, Box 14, Anchorage, AK 99513– List of Subjects in 14 CFR Part 71 7587; telephone number (907) 271– placed on a mailing list for future NPRM’s should contact the FAA’s 5898; fax: (907) 271–2850; e-mail: Airspace, Incorporation by reference, Office of Rulemaking, (202) 267–9677, [email protected]. Internet Navigation (air). address: http://www.alaska.faa.gov/at. to request a copy of Advisory Circular No. 11–2A, Notice of Proposed The Proposed Amendment SUPPLEMENTARY INFORMATION: Rulemaking Distribution System, which Comments Invited describes the application procedure. In consideration of the foregoing, the Federal Aviation Administration Interested parties are invited to The Proposal proposes to amend 14 CFR part 71 as participate in this proposed rulemaking The FAA is considering an follows: by submitting such written data, views, amendment to the Code of Federal or arguments as they may desire. Regulations (14 CFR part 71), which PART 71—DESIGNATION OF CLASS A, Comments that provide the factual basis would establish new Class E airspace at CLASS B, CLASS C, CLASS D, AND supporting the views and suggestions Kulik Lake, AK. The intended effect of CLASS E AIRSPACE AREAS; presented are particularly helpful in this proposal is to establish Class E AIRWAYS; ROUTES; AND REPORTING developing reasoned regulatory airspace upward from 700 ft. above the POINTS decisions on the proposal. Comments surface, to contain Instrument Flight are specifically invited on the overall Rules (IFR) operations at Kulik Lake, 1. The authority citation for 14 CFR regulatory, aeronautical, economic, AK. part 71 continues to read as follows: environmental, and energy-related The Special Instrument Flight Authority: 49 U.S.C. 106(g), 40103, 40113, aspects of the proposal. Procedure developed for the Kulik Lake 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Communications should identify both Airport currently is not contained in 1963 Comp., p. 389. docket numbers and be submitted in Class E airspace. To improve safety, the triplicate to the address listed above. FAA is proposing to establish Class E § 71.1 [Amended] Commenters wishing the FAA to airspace at Kulik Lake, AK, which 2. The incorporation by reference in acknowledge receipt of their comments would be sufficient to contain aircraft 14 CFR 71.1 of Federal Aviation on this notice must submit with those executing instrument procedures. New Administration Order 7400.9M, comments a self-addressed, stamped Class E controlled airspace extending Airspace Designations and Reporting postcard on which the following upward from 700 ft. above the surface Points, dated August 30, 2004, and statement is made: ‘‘Comments to within the Kulik Lake Airport area effective September 16, 2004, is to be Docket No. FAA–2004–19360/Airspace would be created by this action. amended as follows: Docket No. 04–AAL–20.’’ The postcard The area would be depicted on will be date/time stamped and returned aeronautical charts for pilot reference. * * * * * to the commenter. The coordinates for this airspace docket Paragraph 6005 Class E airspace extending All communications received on or are based on North American Datum 83. upward from 700 feet or more above the before the specified closing date for The Class E airspace areas designated as surface of the earth. comments will be considered before 700/1200 foot transition areas are * * * * * taking action on the proposed rule. The published in paragraph 6005 in FAA proposal contained in this notice may Order 7400.9M, Airspace Designations AAL AK E5 Kulik Lake, AK [New] be changed in light of comments and Reporting Points, dated August 30, Kulik Lake Airport, AK received. All comments submitted will 2004, and effective September 16, 2004, (Lat. 58°58′55″ N., long. 155°07′17″ W.) be available for examination in the which is incorporated by reference in 14 That airspace extending upward from 700 public docket both before and after the CFR 71.1. The Class E airspace feet above the surface within a 4.3-mile closing date for comments. A report designations listed in this document radius of the Kulik Lake Airport and that summarizing each substantive public would be published subsequently in the airspace 4 miles either side of the 098° contact with FAA personnel concerned Order. bearing to the Kulik Lake Airport from the with this rulemaking will be filed in the The FAA has determined that this 4.3 mile radius out to the 7.5 miles. docket. proposed regulation only involves an * * * * * established body of technical Availability of Notice of Proposed regulations for which frequent and Issued in Anchorage, AK, on October 25, Rulemaking’s (NPRMs) routine amendments are necessary to 2004. An electronic copy of this document keep them operationally current. It, Anthony M. Wylie, may be downloaded through the therefore—(1) is not a ‘‘significant Acting Area Director, Alaska Flight Services Internet at http://dms.dot.gov. Recently regulatory action’’ under Executive Operations. published rulemaking documents can Order 12866; (2) is not a ‘‘significant [FR Doc. 04–24456 Filed 11–2–04; 8:45 am] also be accessed through the FAA’s Web rule’’ under DOT Regulatory Policies BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION or arguments as they may desire. Regulations (14 CFR part 71), which Comments that provide the factual basis would establish new Class E airspace at Federal Aviation Administration supporting the views and suggestions Prospect Creek, AK. The intended effect presented are particularly helpful in of this proposal is to establish Class E 14 CFR Part 71 developing reasoned regulatory airspace upward from 700 ft. above the [Docket No. FAA–2004–19361; Airspace decisions on the proposal. Comments surface, to contain Instrument Flight Docket No. 04–AAL–21] are specifically invited on the overall Rules (IFR) operations at Prospect regulatory, aeronautical, economic, Creek, AK. Proposed Establishment of Class E environmental, and energy-related The Special Instrument Flight Airspace; Prospect Creek, AK aspects of the proposal. Procedures developed for the Prospect Communications should identify both Creek Airport currently are not AGENCY: Federal Aviation docket numbers and be submitted in contained in Class E airspace. To Administration (FAA), DOT. triplicate to the address listed above. improve safety, the FAA is proposing to ACTION: Notice of proposed rulemaking. Commenters wishing the FAA to establish Class E airspace at Prospect acknowledge receipt of their comments Creek, AK, which would be sufficient to SUMMARY: This action proposes to on this notice must submit with those contain aircraft executing instrument establish new Class E airspace at comments a self-addressed, stamped procedures. New Class E controlled Prospect Creek, AK. There is no existing postcard on which the following airspace extending upward from 700 ft. Class E airspace to contain aircraft statement is made: ‘‘Comments to above the surface within the Prospect executing instrument approaches at Docket No. FAA–2004–19361/Airspace Creek Airport area would be created by Prospect Creek Airport. Adoption of this Docket No. 04–AAL–21.’’ The postcard this action. proposal would result in the will be date/time stamped and returned establishment of Class E airspace The area would be depicted on to the commenter. aeronautical charts for pilot reference. upward from 700 feet (ft.) above the All communications received on or The coordinates for this airspace docket surface at Prospect Creek, AK. before the specified closing date for are based on North American Datum 83. DATES: comments will be considered before Comments must be received on The Class E airspace areas designated as taking action on the proposed rule. The or before December 20, 2004. 700/1200 foot transition areas are proposal contained in this notice may ADDRESSES: Send comments on the published in paragraph 6005 in FAA be changed in light of comments proposal to the Docket Management Order 7400.9M, Airspace Designations received. All comments submitted will System, U.S. Department of and Reporting Points, dated August 30, be available for examination in the Transportation, Room Plaza 401, 400 2004, and effective September 16, 2004, public docket both before and after the Seventh Street, SW., Washington, DC which is incorporated by reference in 14 closing date for comments. A report 20590–0001. You must identify the CFR 71.1. The Class E airspace summarizing each substantive public docket number FAA–2004–19361/ designations listed in this document contact with FAA personnel concerned Airspace Docket No. 04–AAL–21, at the would be published subsequently in the with this rulemaking will be filed in the beginning of your comments. You may Order. docket. also submit comments on the Internet at The FAA has determined that this http://dms.dot.gov. You may review the Availability of Notice of Proposed proposed regulation only involves an public docket containing the proposal, Rulemaking’s (NPRMs) established body of technical any comments received, and any final An electronic copy of this document regulations for which frequent and disposition in person in the Dockets routine amendments are necessary to Office between 9 a.m. and 5 p.m., may be downloaded through the Internet at http://dms.dot.gov. Recently keep them operationally current. It, Monday through Friday, except Federal therefore—(1) is not a ‘‘significant holidays. The Docket Office (telephone published rulemaking documents can also be accessed through the FAA’s Web regulatory action’’ under Executive 1–800–647–5527) is on the plaza level Order 12866; (2) is not a ‘‘significant of the Department of Transportation page at http://www.faa.gov or the Superintendent of Document’s Web rule’’ under DOT Regulatory Policies NASSIF Building at the above address. and Procedures (44 FR 11034; February An informal docket may also be page at http://www.access.gpo.gov/nara. Additionally, any person may obtain 26, 1979); and (3) does not warrant examined during normal business hours a copy of this notice by submitting a preparation of a regulatory evaluation as at the office of the Manager, Safety, request to the Federal Aviation the anticipated impact is so minimal. Alaska Flight Services Operations, Administration, Office of Air Traffic Since this is a routine matter that will Federal Aviation Administration, 222 Airspace Management, ATA–400, 800 only affect air traffic procedures and air West 7th Avenue, Box 14, Anchorage, Independence Avenue, SW., navigation, it is certified that this rule, AK 99513–7587. Washington, DC 20591 or by calling when promulgated, will not have a FOR FURTHER INFORMATION CONTACT: (202) 267–8783. Communications must significant economic impact on a Jesse Patterson, AAL–538G, Federal identify both docket numbers for this substantial number of small entities Aviation Administration, 222 West 7th notice. Persons interested in being under the criteria of the Regulatory Avenue, Box 14, Anchorage, AK 99513– placed on a mailing list for future Flexibility Act. 7587; telephone number (907) 271– NPRMs should contact the FAA’s Office List of Subjects in 14 CFR Part 71 5898; fax: (907) 271–2850; e-mail: of Rulemaking, (202) 267–9677, to [email protected]. Internet request a copy of Advisory Circular No. Airspace, Incorporation by reference, address: http://www.alaska.faa.gov/at. 11–2A, Notice of Proposed Rulemaking Navigation (air). SUPPLEMENTARY INFORMATION: Distribution System, which describes The Proposed Amendment the application procedure. Comments Invited In consideration of the foregoing, the Interested parties are invited to The Proposal Federal Aviation Administration participate in this proposed rulemaking The FAA is considering an proposes to amend 14 CFR part 71 as by submitting such written data, views, amendment to the Code of Federal follows:

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PART 71—DESIGNATION OF CLASS A, Transportation for spills of LNG on would like to know that they reached CLASS B, CLASS C, CLASS D, AND land. the Facility, please enclose a stamped, CLASS E AIRSPACE AREAS; DATES: Comments and related material self-addressed postcard or envelope. AIRWAYS; ROUTES; AND REPORTING must reach the docket management Viewing comments and documents: POINTS facility on or before February 1, 2005. To view comments or other material in 1. The authority citation for 14 CFR ADDRESSES: You may submit comments the docket, go to http://dms.dot.gov at part 71 continues to read as follows: identified by Coast Guard docket any time and conduct a simple search number (USCG–2003–15771) to the Authority: 49 U.S.C. 106(g), 40103, 40113, using the docket number. You may also 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Docket Management Facility at the U.S. visit the Docket Management Facility in 1963 Comp., p. 389. Department of Transportation. To avoid room PL–401 on the Plaza level of the duplication, please use only one of the Nassif Building, 400 Seventh Street § 71.1 [Amended] following methods: SW., Washington, DC, between 9 a.m. 2. The incorporation by reference in (1) Web site: http://dms.dot.gov. and 5 p.m., Monday through Friday, (2) Mail: Docket Management Facility, 14 CFR 71.1 of Federal Aviation except Federal holidays. Administration Order 7400.9M, U.S. Department of Transportation, 400 Airspace Designations and Reporting Seventh Street SW., Washington, DC Privacy Act: Anyone can search the Points, dated August 30, 2004, and 20590–0001. electronic form of all comments effective September 16, 2004, is to be (3) Fax: 202–493–2251. received into any of our dockets by the amended as follows: (4) Delivery: Room PL–401 on the name of the individual submitting the Plaza level of the Nassif Building, 400 * * * * * comment (or signing the comment, if Seventh Street SW., Washington, DC, submitted on behalf of an association, Paragraph 6005 Class E airspace extending between 9 a.m. and 5 p.m., Monday business, labor union, etc.). You may upward from 700 feet or more above the through Friday, except Federal holidays. review the Department of surface of the earth. The telephone number is 202–366– Transportation’s Privacy Act Statement * * * * * 9329. in the Federal Register published on AAL AK E5 Prospect Creek, AK [New] (5) Federal eRulemaking Portal: http:/ April 11, 2000 (65 FR 19477), or you /www.regulations.gov. Prospect Creek Airport, AK may visit http://dms.dot.gov. (Lat. 66°48′46″ N., long. 150°38′38″ W.) FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, Background and purpose. The City of Prospect Creek NDB Fall River, Massachusetts is petitioning (Lat. 66°49′04″ N., long. 150°38′03″ W.) please call Commander John Cushing at the Coast Guard to develop regulations That airspace extending upward from 700 202–267–1043, or e-mail feet above the surface within a 4.2-mile [email protected]. If you have relating to marine transportation of radius of the Prospect Creek NDB and that questions on viewing or submitting liquid natural gas (LNG). Specifically, airspace 4 miles either side of the 096° material to the docket, please call Ms. the City requests promulgation of bearing to the Prospect Creek NDB from the Andrea M. Jenkins, Program Manager, regulations to apply the same thermal 4.2 mile radius out to 8 miles. Docket Operations, telephone 202–366– and vapor dispersion exclusion zone * * * * * 0271. requirements established by the Issued in Anchorage, AK, on October 25, SUPPLEMENTARY INFORMATION: Department of Transportation for LNG 2004. spills on land (49 CFR Parts 193.2057 Public Participation and Request for and 193.2059), to LNG spills on water. Anthony M. Wylie, Comments Acting Area Director, Alaska Flight Services The City’s petition included expanded Operations. We encourage you to respond to this discussion on this issue and may be [FR Doc. 04–24455 Filed 11–2–04; 8:45 am] notice by submitting comments and read in its entirety in the docket. The related materials. All comments BILLING CODE 4910–13–P public is invited to review the material received will be posted, without change, contained in the docket and submit to http://dms.dot.gov and will include relevant comments. The Coast Guard any personal information you have DEPARTMENT OF HOMELAND will consider the City’s petition, any provided. We have an agreement with SECURITY comments received from the public, and the Department of Transportation (DOT) other information to determine whether to use their Docket Management Coast Guard or not to initiate the requested Facility. Please see DOT’s ‘‘Privacy Act’’ rulemaking. 33 CFR Chapter I paragraph below. Submitting comments: If you submit a Dated: October 22, 2004. [USCG–2003–15771] comment, please include your name and Joseph J. Angelo, address, identify the docket number for Exclusion Zones for Marine LNG Spills Director of Standards, Marine Safety, this notice (USCG–2003–15771), and Security, and Environmental Protection, U.S. AGENCY: Coast Guard, DHS. give the reason for each comment. You Coast Guard. ACTION: Request for public comments. may submit your comments and [FR Doc. 04–24454 Filed 11–2–04; 8:45 am] material by electronic means, mail, fax, BILLING CODE 4910–15–P SUMMARY: The Coast Guard seeks public or delivery to the Docket Management comments on a petition for rulemaking Facility at the address under from the City of Fall River, ADDRESSES; but please submit your Massachusetts. The petition requests comments and material by only one regulations be promulgated that would means. If you submit them by mail or establish thermal and vapor dispersion delivery, submit them in an unbound exclusion zones for marine spills of format, no larger than 81⁄2 by 11 inches, liquefied natural gas similar to those suitable for copying and electronic established by the Secretary of filing. If you submit them by mail and

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NATIONAL ARCHIVES AND RECORDS paper or electronic recordkeeping copy. work-related trips and visits, and other ADMINISTRATION Rather, such short-term e-mail records scheduling related activities; could reside on a live e-mail system, • Suspense and tickler files or ‘‘to- 36 CFR Part 1234 provided that (1) users do not delete the do’’ and task lists that serve as a RIN 3095–AB39 messages before the expiration of the reminder that an action is required on NARA-approved retention period, and a given date or that a reply to action is Records Management; Electronic Mail; (2) the system’s automatic deletion rules expected, and if not received, should be Electronic Records; Disposition of ensure preservation of the records until traced on a given date. Records the expiration of the NARA-approved Destroy immediately, or when no retention period. Agencies are reminded longer needed for reference, or AGENCY: National Archives and Records that disposition authorities for records, according to a predetermined time Administration (NARA). including e-mail records, that have been period or business rule (e.g., ACTION: Proposed rule. requested under FOIA or that are the implementing the auto-delete feature of subject of current or imminent audit, electronic mail systems). SUMMARY: NARA is seeking comments investigation, or litigation may need to In a Federal Register notice appearing from Federal agencies and the public on be placed in suspense or ‘‘frozen’’ until elsewhere in this edition, we invite a proposed revision to our regulations to the matter is resolved. In such cases, an comment on the proposed GRS 23 provide for the appropriate management agency always should obtain change. and disposition of very short-term appropriate legal advice tailored to the NARA proposes to implement this temporary e-mail, by allowing agencies circumstances before proceeding with change in advance of developing the to manage these records within the e- disposition. final revised regulatory framework that mail system. Allowing agencies to dispense with was proposed in 60 FR 12100 (March DATES: Submit comments on or before creating separate recordkeeping copies 15, 2004). We have determined that this January 3, 2005. of such documents will reduce the approach to managing transitory e-mail ADDRESSES: NARA invites interested records management burden on agencies will greatly assist agencies and should persons to submit comments on this and will serve to encourage agency staff not wait for development of the proposed rule. Please include ‘‘Attn: to create recordkeeping copies of the regulations implementing the revised RIN 3095–AB39’’ and your name and relatively small proportion of e-mail framework. mailing address in your comments. records that warrant longer-term or This proposed rule is a significant Comments may be submitted by any of permanent retention. The records regulatory action for the purposes of the following methods: covered by this change are limited to Executive Order 12866 and has been • Federal eRulemaking Portal: http:// transitory Federal records covered by reviewed by the Office of Management www.regulations.gov. Follow the GRS 23, Item 7, or Federal records and Budget (OMB). As required by the instructions for submitting comments. scheduled on a NARA-approved agency Regulatory Flexibility Act, it is hereby • E-mail: Send comments to records schedule with a very short-term certified that this proposed rule will not [email protected]. If you do not retention (e.g., 90, 120, or 180 days). have a significant impact on a receive a confirmation that we have Minor changes to General Record substantial number of small entities received your e-mail message, contact Schedule (GRS) 23, Records Common to because this rule applies to Federal Cheryl Stadel-Bevans at 301–837–3021. Most Offices within Agencies, will be agencies. This proposed rule does not • Fax: Submit comments by facsimile necessary. GRS 23, Item 7 will be have any federalism implications. changed to read: transmission to (301) 837–0319. List of Subjects in 36 CFR Part 1234 • Mail: Send comments to Transitory Records Regulations Comments Desk (NPOL), Archives and records, Computer Room 4100, Policy and Records of short-term interest, technology. Communications Staff, National including those in electronic form (e.g., For the reasons set forth in the Archives and Records Administration, e-mail messages), which have minimal preamble, NARA proposes to amend 8601 Adelphi Road, College Park, MD or no documentary or evidential value. chapter XII of title 36 of the Code of 20740–6001. Included are such records as: Federal Regulations as follows: • Routine requests for information or • Hand Delivery or Courier: Deliver publications and copies of replies which PART 1234—ELECTRONIC RECORDS comments to 8601 Adelphi Road, require no administrative action, no MANAGEMENT College Park, MD. policy decision, and no special FOR FURTHER INFORMATION CONTACT: compilation or research for reply; 1. The authority citation for Part 1234 Cheryl Stadel-Bevans at telephone • Originating office copies of letters is revised to read as follows: number (301) 837–3021 or fax number of transmittal that do not add any Authority: 44 U.S.C. 2904, 3101, 3102, (301) 837–0319. information to that contained in the 3105, and 3303. SUPPLEMENTARY INFORMATION: transmitted material, and receiving 2. Amend § 1234.24 by revising office copy if filed separately from Background on Proposed Regulation paragraph (b)(2) and adding paragraph transmitted material; Changes (b)(3) to read as follows: • Quasi-official notices including As part of NARA’s Records memoranda and other records that do § 1234.24 Standards for managing Management Initiatives to redesign not serve as the basis of official actions, electronic mail records. Federal records management, NARA has such as notices of holidays or charity * * * * * determined that Federal agencies should and welfare fund appeals, bond (b) * * * be allowed to dispose of short-term campaigns, and similar records; (2) Agencies may elect to manage temporary electronic mail (e-mail) • Records documenting routine electronic mail records with very short- records (e.g., those with a retention activities containing no substantive term NARA-approved retention periods period of 90, 120, or 180 days), without information, such as routine (transitory records covered by GRS 23, requiring the creation of a separate notifications of meetings, scheduling of Item 7, or records scheduled on a

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NARA-approved agency records schedules that control the records in Agency views this as a noncontroversial schedule with a very short-term that system. If the records in the revision amendment and anticipates no retention) on the electronic mail system recordkeeping system are not relevant adverse comments to this itself, without the need to copy the scheduled, the agency must follow the action. A detailed rationale for the record to a paper or electronic procedures at 36 CFR part 1228. approval is set forth in the direct final recordkeeping system, provided that: Dated: July 29, 2004. rule. If no relevant adverse comments (i) Users do not delete the messages John W. Carlin, are received in response to this action, before the expiration of the NARA- no further activity is contemplated in Archivist of the United States. approved retention period, and relation to this action. If EPA receives (ii) The system’s automatic deletion [FR Doc. 04–24403 Filed 11–2–04; 8:45 am] relevant adverse comments, the direct rules ensure preservation of the records BILLING CODE 7515–01–P final rule will be withdrawn and all until the expiration of the NARA- public comments received will be approved retention period. addressed in a subsequent final rule (3) Except for those electronic mail ENVIRONMENTAL PROTECTION based on this proposed action. EPA will records within the scope of paragraph AGENCY not institute a second comment period (b)(2) of this section, on this action. Any parties interested in 40 CFR Part 52 (i) Agencies must not store the commenting on this action should do so recordkeeping copy of electronic mail [R07–OAR–2004–IA–0004; FRL–7833–8] at this time. Please note that if EPA messages that are Federal records only receives adverse comment on part of on the electronic mail system, unless Approval and Promulgation of State this rule and if that part can be severed the system has all of the features Implementation Plan; State of Iowa from the remainder of the rule, EPA may specified in paragraph (b)(1) of this adopt as final those parts of the rule that section. AGENCY: Environmental Protection Agency (EPA). are not the subject of an adverse (ii) If the electronic mail system is not comment. For additional information, ACTION: designed to be a recordkeeping system, Proposed rule. see the direct final rule which is located agencies must instruct staff on how to SUMMARY: EPA is proposing to approve in the rules section of this Federal copy Federal records from the electronic Register. mail system to a recordkeeping system. a revision to the Iowa state implementation plan (SIP) for the Dated: October 26, 2004. * * * * * purpose of revising open burning rules. 3. Amend § 1234.32 by revising James B. Gulliford, This revision includes a provision that paragraph (d) to read as follows: Regional Administrator, Region 7. allows the Iowa Department of Natural [FR Doc. 04–24531 Filed 11–2–04; 8:45 am] Resources to require the submittal of § 1234.32 Retention and disposition of BILLING CODE 6560–50–P electronic records. additional information when a variance * * * * * from open burning rules is requested, reemphasizes the state’s obligation to (d) Electronic mail records may not be FEDERAL MARITIME COMMISSION deleted or otherwise disposed of protect the National Ambient Air without prior disposition authority from Quality Standards (NAAQS) with regard 46 CFR Part 531 NARA (44 U.S.C. 3303a). to open burning, clarifies National (1) Electronic mail records with very Emissions Standards for Hazardous Air [Docket No. 04–12] short-term (transitory) value. Agencies Pollutants (NESHAP) guidance for RIN 3072–AC30 may use the disposition authority in disaster rubbish, updates guidance for General Records Schedule 23, Item 7 for training fires, and provides clarification Non-Vessel-Operating Common Carrier electronic mail records that have very to the existing open burning rules Service Arrangements short-term retention periods (e.g., 90, covering agricultural structures. AGENCY: Federal Maritime Commission. 120, or 180 days). (see 36 CFR DATES: Comments on this proposed 1234.24(b)(2)). action must be received in writing by ACTION: Notice of proposed rulemaking. (2) Other records on the electronic December 3, 2004. SUMMARY: The Federal Maritime mail system. When an agency has taken ADDRESSES: Comments may be mailed to Commission proposes an exemption the necessary steps to retain the record Heather Hamilton, Environmental from the tariff publication requirements in a scheduled recordkeeping system, Protection Agency, Air Planning and of the Shipping Act of 1984 for service the identical version that remains on the Development Branch, 901 North 5th arrangements made by non-vessel- user’s screen or in the user’s mailbox Street, Kansas City, Kansas 66101. operating common carriers, subject to has no continuing value. Therefore, Comments may also be submitted the conditional filing requirements set NARA has authorized deletion of the electronically or through hand delivery/ forth in this new Part. version of the record on the electronic courier; please follow the detailed mail system under General Records DATES: Submit an original and 15 copies instructions in the Addresses section of of comments (paper), or e-mail Schedule 20, Item 14, after the record the direct final rule which is located in has been preserved in a recordkeeping comments as an attachment in the rules section of this Federal WordPerfect 10, Microsoft Word 2003, system along with all appropriate Register. transmission data. If the records in the or earlier versions of these applications, recordkeeping system are not FOR FURTHER INFORMATION CONTACT: no later than November 19, 2004. scheduled, the agency must follow the Heather Hamilton at (913) 551–7039, or ADDRESSES: Address all comments procedures at 36 CFR part 1228. by e-mail at [email protected]. concerning this proposed rule to: Bryant (3) Records in recordkeeping systems. SUPPLEMENTARY INFORMATION: In the L. VanBrakle, Secretary, Federal The disposition of electronic mail final rules section of the Federal Maritime Commission, 800 North records that have been transferred to an Register, EPA is approving the state’s Capitol Street, NW., Room 1046, appropriate recordkeeping system is SIP revision as a direct final rule Washington, DC 20573–0001, governed by the records schedule or without prior proposal because the [email protected].

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FOR FURTHER INFORMATION CONTACT: same manner as vessel-operating any Commission action on the proposed Amy W. Larson, General Counsel, common carriers (‘‘VOCCs’’). conditional tariff exemption should not Federal Maritime Commission, 800 The National Customs Brokers and supercede consideration of petitioners’ North Capitol Street, NW., Forwarders Association of America, Inc. individual requested relief from the Washington, DC 20573–0001, (202) (‘‘NCBFAA’’), a national trade tariff publication requirements. Joint 523–5740, [email protected]. association representing the interests of Proposal at 2 n.2. Austin L. Schmitt, Director of freight forwarders, NVOCCs and The Commission granted the motion Operations, Federal Maritime customs brokers, sought an exemption and reopened the comment period until Commission,800 N. Capitol Street, from the tariff publication requirements September 30, 2004. 69 FR 54788 NW., Washington, DC 20573–0001, for all NVOCCs. NCBFAA presented (202) 523–0988. arguments similar to UPS and CHRW, (September 10, 2004). Thirty-four comments were received from: SUPPLEMENTARY INFORMATION: but also asserted that the Shipping Act’s tariff publication requirements are NCBFAA; Danmar; ATEC Systems, Ltd. I. Background outdated and impractical, and requested (‘‘ATEC’’); John S. Connor, Inc. Between July 25, 2003 and March 12, unconditional exemption for all (‘‘Connor’’); Phoenix International 2004, the Federal Maritime Commission NVOCCs from the provisions of the Freight Services, Ltd. (‘‘Phoenix’’); (‘‘FMC’’ or ‘‘Commission’’) received Shipping Act that require NVOCCs to Airport Brokers Corporation (‘‘ABC’’); eight petitions from seven individual establish, publish, maintain and enforce Fashion Accessories Shippers non-vessel-operating common carriers tariffs setting forth ocean freight rates, Association, Inc. (‘‘FASA’’); World (‘‘NVOCCs’’) and one trade association thereby allowing NVOCCs to offer Shipping Council (‘‘WSC’’); Yellow of NVOCCs (collectively ‘‘Petitioners’’), confidential service contracts as carriers Roadway Corporation (‘‘Yellow’’); Exel seeking various exemptions from the with their shipper customers. Ocean Transportation Services Inc. (‘‘Exel’’); tariff publication and adherence World Lines, Inc. (‘‘OWL’’) requested a Landstar System, Inc. (‘‘Landstar’’); requirements of the Shipping Act of rulemaking to expand the definition and Worldlink Logistics, Inc. (‘‘Worldlink’’); 1984, 46 U.S.C. app. §§ 1701–1719 scope of the term ‘‘special contracts’’ in SIRVA Corporation (‘‘SIRVA’’); C.H. (‘‘Shipping Act’’).1 United Parcel the Commission’s regulations to include Powell Company (‘‘Powell’’); Interlog Service, Inc. (‘‘UPS’’), C.H. Robinson NVOCCs if UPS’ and/or NCBFAA’s USA, Inc. (‘‘Interlog’’); Latin American Worldwide, Inc. (‘‘CHRW’’), Danzas petitions are not granted. Finally, BAX Forwarding Company (‘‘LAFCO’’); U.S. Corporation d/b/a Danmar Lines Ltd., Global, Inc. (‘‘BAX’’) sought a Department of Transportation (‘‘DOT’’); Danzas Ocean Services and DHL Danzas rulemaking to permit it and similar Alliance Shippers, Inc. d/b/a Alliance Air and Ocean (‘‘Danmar’’), BDP ‘‘qualified’’ NVOCCs to enter into International (‘‘Alliance’’); Cargo International, Inc. (‘‘BDP’’), and FEDEX confidential service contracts as ‘‘ocean Brokers International, Inc. (‘‘CBI’’); A.N. Trade Networks Transport & Brokerage, common carriers’’ with their shipper Deringer, Inc. (‘‘Deringer’’); Barthco Inc. (‘‘FEDEX’’) each requested customers. By the close of the comment International, Inc. (‘‘Barthco’’); USA individual exemptions from the tariff period to the last of the petitions on Shipping, LLC (‘‘USA’’); Camelot publication and adherence requirements April 2, 2004, the Commission had Company (‘‘Camelot’’); All Freight of the Shipping Act. They argued that received over 1,400 pages of filed International, Inc. (‘‘All Freight’’); ABS changes in the ocean freight industry comments from more than 80 Consulting (‘‘ABS’’); Topocean since the passage of the Ocean Shipping commenters and 208 Members of Consolidation Service (‘‘Topocean’’); Reform Act (‘‘OSRA’’) in 1998 warrant Congress. Antilles Freight Corp. (‘‘Antilles’’); the Commission granting to NVOCCs On August 2, 2004, the National Geologistics Corporation the authority to contract confidentially Industrial Transportation League (‘‘Geologistics’’); Reilly Transportation with their shipper customers in the (‘‘NITL’’), UPS, BAX, FEDEX, Services, Inc. (‘‘Reilly’’); Navetrans Corp Transportation Intermediaries d/b/a Costa Rica Carriers (‘‘Navetrans’’); 1 They were: Petition No. P3–03—Petition of Association (‘‘TIA’’), CHRW, and BDP Thiel Logistics USA, Inc. (‘‘Thiel’’); United Parcel Service, Inc. for Exemption Pursuant (collectively, ‘‘Joint Commenters’’) filed to Section 16 of the Shipping Act of 1984 to Permit Interport Services Corp. (‘‘Interport’’); Negotiation, Entry and Performance of Service a Motion for Leave pursuant to Rule 73 Express Freight International, Inc. Contracts; Petition No. P5–03—Petition of the of the Commission’s Rules of Practice (‘‘Express’’); and the Honorable Robert National Customs Brokers and Forwarders and Procedure, 46 CFR 502.73, in the E. Andrews of the U.S. House of Association of America, Inc. for Limited Exemption proceedings referenced above to file from Certain Tariff Requirements of the Shipping Representatives. Act of 1984; Petition No. P7–03—Petition of Ocean Joint Supplemental Comments World Lines, Inc., for a Rulemaking to Amend and Requesting Expedited Adoption of a II. Joint Proposal Expand the Definition and Scope of ‘‘Special Conditional Exemption from Tariff Contracts’’ to Include All Ocean Transportation Publication (‘‘Joint Proposal’’). Joint Joint Commenters assert that they Intermediaries; Petition No. P8–03—Petition of BAX Commenters sought acceptance of the now present a unified approach to the Global, Inc. for Rulemaking; Petition No. P9–03— pending NVOCC tariff publication Petition of C.H. Robinson Worldwide, Inc. for Joint Proposal into the record, arguing Exemption Pursuant to Section 16 of the Shipping that the proposal reflects an updated, exemption proceedings that is intended Act of 1984 to Permit Negotiation, Entry and common approach to the various forms to give ‘‘clear direction’’ to the Performance of Confidential Service Contracts; Commission in its deliberations. Joint Petition No. P1–04—Petition of Danzas Corporation of relief requested in the original d/b/a Danmar Lines Ltd.; Danzas AEI Ocean individual petitions. They urged the Proposal at 2–3. Reiterating their Services and DHL Danzas Air and Ocean for Commission to use its authority under concerns submitted in the pending Exemption from the Tariff Publishing Requirements section 16 of the Shipping Act to petitions and comments that the current of Section 8 of the Shipping Act of 1984, as regulatory scheme undermines Amended; Petition No. P2–04—Petition of BDP expeditiously grant NVOCCs a International, Inc. for Exemption from the Tariff conditional exemption from the tariff competitiveness in the shipping Publishing Requirements of Section 8 of the publication and enforcement provisions industry, the Joint Commenters request Shipping Act of 1984, as amended; Petition No. P4– in the Shipping Act and Commission that the Commission use its authority 04—Petition of FEDEX Trade Networks Transport & under section 16 of the Shipping Act to Brokerage, Inc. for Exemption from the Tariff regulations at 46 CFR part 520. Joint Publishing Requirements of Sections 8 and 10 of the Commenters did not withdraw the exempt certain NVOCC arrangements Shipping Act of 1984, as Amended. existing petitions, and submitted that (hereinafter NVOCC Service

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Arrangements, or ‘‘NSAs’’) 2 with that more than adequately justifies the such transactions in NSAs to be filed shippers from the tariff publication exemption. Danmar at 3; All Freight at with the Commission before the cargo requirements in sections 8(a), (b), (d) 1; Topocean at 7. moves is impractical, especially in light and (e) of the Shipping Act and 46 CFR of the fact that NVOCCs must often re- B. Comments in Support of the NCBFAA part 520 of the Commission’s rules, as adjust their rates in reaction to the ‘‘spot Approach well as the tariff-related prohibited acts market’’ for VOCC rates. Powell at 2; found in sections 10(b)(1), (2), (4) and NCBFAA and the remaining Camelot at 2; CBI at 1; Antilles at 1. (8) of the Shipping Act. Joint Proposal commenters believe that while adoption Moreover, Phoenix and Camelot aver at 3, Appendix 1. The proposed of the Joint Proposal will provide some that the majority of their customers have exemption would apply to any written short-term relief, it fails to address the no interest in signing such arrangements arrangements between an NVOCC and a significant costs and burdens that because they must be able to select from shipper (excluding bills of lading, currently fall upon NVOCCs. As such, a variety of service providers and such receipts or other transport documents), these commenters prefer the exemption service arrangements would make it where the shipper pledges to provide a from the tariff publication requirements more cumbersome to shop for service in specific volume/portion of cargo over a of the Shipping Act and the such a way. Phoenix at 1, Camelot at 2. fixed time period and the NVOCC Commission regulations as proposed by Camelot contends that small- to mid- commits to a defined rate and service the original NCBFAA petition. NCBFAA sized shippers ‘‘will not only balk, but level. Id. at 2–3; LAFCO at 1; ATEC at 1; Connor will run from any attempt to make them According to the Joint Commenters, at 1. contractually accountable to an NVOCC, the proposed exemption would be Commenters contend that NVOCCs or especially where the matter of dead subject to the following conditions: (1) shippers will not benefit by freight penalties for unmoved cargo The arrangements and their essential transforming the burdens associated present themselves.’’ Camelot at 2. terms must be filed confidentially with with tariff publication into the burdens The U.S. Department of the Commission; 3 (2) the NVOCC must of filing service contracts. Furthermore, Transportation reiterates the position it publish a tariff that includes the origin commenters express concerns regarding expressed in response to the original and destination port ranges, commodity the Commission’s ability to oversee petitions: the Commission should grant involved, minimum volume/portion, large volume of NSAs that will be NVOCCs an exemption from Shipping and duration of the agreement; and (3) generated by the Joint Proposal. Act requirements to allow them the the Commission would retain NCBFAA at 3; Yellow at 3; Powell at 1– ability to contract confidentially with jurisdiction over NSAs to the same 2; CBI at 1; Deringer at 1; Camelot at 2; their shipping customers. DOT at 2–3, 6. extent as it does over service contracts Geologistics at 2; Andrews at 18, ABS at DOT contends that the Commission under the Shipping Act. Id. 1; ABC at 4. NCBFAA specifically re- should ‘‘at the very least’’ adopt the states its belief that filing service Joint Proposal, but urges the III. Replies to the Joint Proposal contracts was primarily designed as part Commission also to consider points A. Comments in Support of the Joint of the Commission’s oversight of VOCCs raised by the NCBFAA comments, Proposal with antitrust immunity. NCBFAA at 3. namely whether a legitimate regulatory NCBFAA and Yellow discount any The World Shipping Council submits purpose would be served by requiring ‘‘level playing field argument’’ for its support for the Joint Proposal with confidential filing of individual NSAs requiring NVOCCs to file service the understanding that the Commission and the publication of their relevant contracts because they believe that will monitor the effects of the essential terms. Id. at 3. DOT argues that NVOCCs have no such immunity, and exemption and that a condition of the conference oversight was Congress’s therefore, there is no basis to support a exemption will subject the new NSAs to rationale for enacting the VOCC service requirement that NVOCCs file service the same regulatory requirements as contract filing requirements, but is contracts with the Commission. Id. at 3– VOCC service contracts. WSC at 1, 4. inapplicable to NSAs, as NVOCCs could 4, Yellow at 5. As Phoenix explains, the Danmar, All Freight and Topocean not concertedly enter into pricing support the Joint Proposal because it ‘‘free market will ensure that these agreements under the Shipping Act would promote competition and benefit prices are competitive.’’ Phoenix at 1. even with the exemption at issue. Id. at NCBFAA, Connor and CBI commerce by enabling NVOCCs to give 4. As such, DOT claims that the specifically suggest that the Commission shippers what they require: Commission should not impose any could condition the grant of the individually-tailored transportation requirements on NVOCCs that serve no NCBFAA exemption from tariff packages. Danmar at 3; All Freight at 1; regulatory function. Id. at 5. publication by requiring an NVOCC to FASA urges the Commission to either Topocean at 1, 5. These supporters urge maintain in its own files the essential initiate a new proceeding and reopen the Commission to implement this the record for a public examination of regulatory reform as expeditiously as terms of those arrangements. NCBFAA the proposal, or reject the Joint Proposal possible, as no new or additional issues at 5; Connor at 2; CBI at 1. NCBFAA and proceed to consideration of the are proposed and the Commission now asserts that in the event of a dispute or pending petitions. FASA at 1. FASA has before it a fully developed record alleged malpractice, the Commission would continue to have the ability to asserts that the petitions raise important issues for the small and medium-sized 2 Although referred to by the Joint Proposal as bring enforcement matters arising under ‘‘NVOCC Service Agreements’’ we use the term the Shipping Act. NCBFAA at 5. shippers that it represents, as well as ‘‘arrangements’’ in order that they not be confused Commenters assert that while they fundamental issues relating to the with ‘‘agreements’’ as set forth in section 4 of the welcome the opportunity to engage in Commission’s statutory authority to Shipping Act, 46 U.S.C. app. § 1703. service contracting, it will be difficult grant exemptions from core features of 3 The essential terms would include: (1) Origin and destination port ranges; (2) origin and for NVOCCs to structure NSAs with the Shipping Act. Id. Thus, FASA destination geographic areas in the case of through shippers to reflect the fluctuation in believes whether the Joint Proposal intermodal movements; (3) list of commodities; (4) pricing schemes and schedules of the represents a common approach is minimum volume/portion; (5) line-haul rate; (6) multiple VOCCs with whom NVOCCs irrelevant; further deliberation is not arrangement duration; (7) service commitments; (8) liquidated damages or indemnity provision for non- contract. Phoenix at 1; Powell at 2; CBI only necessary, but critical as the performance. Id. at 1. They explain that memorializing Shipping Act does not contemplate

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‘‘rulemaking by coalition action’’ and publication requirements without the that the NVOCC execute an NSA with the brushing aside of the ‘‘rights of service contract-mirroring conditions. the NSA shipper and file it with the numerous smaller, less vociferous, As explained in further detail below, Commission. Without these conditions, members of the shipping community the Commission has determined to issue detriment to commerce may arise from whose interests deserve the agency’s a notice of proposed rulemaking the Commission’s inability to fulfill its protection.’’ Id. at 2. FASA avers that (‘‘NPR’’) providing NVOCCs with the statutory mandate to ensure NVOCCs the Joint Proposal adds a new ability to enter into NSAs in lieu of are carrying out their common carrier procedural dimension to the moving all cargo under tariff rates. This duties. Furthermore, we believe that the proceedings. Id. at 3. Further, FASA determination, based on the Joint proposed conditional exemption will insists, the temporary exemption sought Proposal, would grant NVOCCs parity promote ‘‘competitive and efficient by the Joint Proposal would essentially with VOCCs by permitting NVOCCs, in ocean transportation’’ and will lead to confer all the relief requested in the their capacity as carriers, to provide ‘‘a greater reliance on the marketplace.’’ underlying petitions already under transportation to their shipper 46 U.S.C. app. 1701(4). customers on a confidential basis. consideration and could make any A. Changes in the Industry Since 1998 contrary, final determination by the The proposed regulation defines an Commission appear inconsistent with NSA as: The Joint Commenters, the original its prior action. Id. FASA worries that A written contract, other than a bill of lading eight Petitioners and many commenters the Commission’s deliberative process or receipt, between one or more NSA assert that since the passage of OSRA in may be compromised by the premature shippers and an individual NVOCC in which 1998, a new commercial climate has adoption of such an exemption. Id. the NSA shipper makes a commitment to developed in which shippers expect and provide a certain minimum quantity or demand the ability to negotiate IV. Discussion portion of its cargo or freight revenue over a individualized rates and services fitting fixed time period, and the NVOCC commits Section 8(a)(1) of the Shipping Act their commercial needs. The original to a certain rate or rate schedule and a Petitioners contend that changes in requires ‘‘each common carrier * * * defined service level. The NSA may also economic, competitive and technology [to] keep open to public inspection in an specify provisions in the event of factors, as well as the improvement of automated tariff system, tariffs showing nonperformance on the part of any party. supply chain management and services all its rates.’’ 46 U.S.C. app. 1707(a)(1). The proposed rule is modeled after offered by VOCCs, have led to the Section 10(b)(2)(A) prohibits common the current service contract rules at 46 emergence of sophisticated NVOCCs carriers from ‘‘provid[ing] service in the CFR part 530, and the definition of that are highly competitive, liner trade that is not in accordance ‘‘NSA’’ is based on the definition of multinational companies with with the rates * * * contained in a tariff ‘‘service contract’’ in the Shipping Act. integrated logistics services. They also * * * or a service contract.’’ 46 U.S.C. 46 U.S.C. app. 1702(9). See also 46 CFR contend that many of these are asset- app. 1709(b)(2)(A). Section 3(19) of the 530.3(q). The Commission proposes based companies that are generally more Shipping Act defines a service contract that, as VOCCs currently do for service financially stable than NVOCCs as ‘‘a written contract, other than a bill contract filing, NVOCCs wishing to avail typically were in 1998. of lading or receipt, between one or themselves of the opportunity to offer The original Petitioners also maintain more shippers and an individual ocean NSAs request a log-on identification that the competitive landscape for common carrier or an agreement number and password from the VOCCs has changed significantly since between or among ocean common Commission using proposed Form 1998. They believe that there has been carriers.’’ 46 U.S.C. app. 1702(19) FMC–78. The Commission would then significant consolidation in the VOCC (emphasis added). The Shipping Act issue the registering NVOCC industry and that most VOCCs have defines an ocean common carrier as ‘‘a (‘‘Registrant’’) a log-on I.D. and established or allied themselves with vessel-operating common carrier.’’ 46 password, and the Registrant would be ocean transportation intermediaries U.S.C. app. 1702(16). able to file NSAs electronically via the (‘‘OTIs’’) to provide the full range of The cumulative effect of these internet. The proposed rule would also integrated logistics services. The provisions is that, although both VOCCs require NVOCCs, as VOCCs are required original Petitioners aver that they now and NVOCCs are common carriers for service contracts, to publish an face substantial competition from the under the Shipping Act, all NVOCC NSA’s essential terms in an automated VOCCs which provide logistics services services must be provided according to system and file the text of the NSA and whose ability to offer confidential the provisions of a published tariff, confidentially with the Commission. service contracts places them at a while VOCCs may provide service either The general approach set forth in the significant advantage over NVOCCs. under a published tariff or under a filed Joint Proposal does not address a The original Petitioners contend that service contract. The eight petitions and myriad of details which would arise NSAs would make the entire intermodal the Joint Proposal seek an exemption, from its implementation. We have system more efficient by allowing pursuant to section 16 of the Shipping determined that the exemption must be NVOCCs to transport consistent Act, enabling NVOCCs to choose subject to the conditions set forth below volumes of cargo to VOCCs, which in whether to offer their services under a to ensure the exemption will not have turn will benefit all participants by published tariff or under an instrument any of the negative effects proscribed by enabling more uniform contract terms akin to a service contract. To section 16.4 This includes a condition over the entire route of the shipment in accomplish this, the Joint Proposal a single NVOCC bill of lading. Finally, suggests the Commission adopt an 4 Section 16 reads, in pertinent part, ‘‘The several of the original Petitioners and Commission * * * may * * * exempt for the exemption with conditions which future any class of agreements between persons commenters on those original petitions would result in equivalent treatment for subject to this Act or any specified activity of those believe that because of the delays they service contract-like arrangements persons from any requirement of this Act if it finds experience as a result of security offered by NVOCCs. NCBFAA and that the exemption will not result in substantial regulations, such arrangements are also reduction in competition or be detrimental to similar commenters, on the other hand, commerce. The Commission may attach conditions necessary to allow them to maintain the propose the Commission adopt an to any exemption and may, by order, revoke any pace and volumes their shippers now exemption from the Shipping Act’s tariff exemption.’’ 46 U.S.C. app. 1715. expect.

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B. Exemption Authority of the structure of the [ICA]’’ and that, second, sufficient post-approval Commission although it had the authority and reporting requirements. Id. The court of In order for the Commission to grant expertise generally to adopt new appeals found that the structure of an exemption under section 16 of the policies when faced with new market-based tariffs complied with the Shipping Act, it must find such an developments in the industry it Federal Power Act only so long as it was exemption will meet two criteria: the regulates, ‘‘it [did] not have the power coupled with enforceable post-approval exemption must not result in substantial to adopt a policy that directly conflicts reporting that would enable FERC to reduction to competition, and must not with its governing statute.’’ Id. at 132, determine whether the rates were ‘‘just be detrimental to commerce. 46 U.S.C. 134. If strict adherence to the filed rate and reasonable’’ and whether market app. 1715. Contrary to the assertions of doctrine ‘‘has become an anachronism forces were truly determining the price. some commenters and proponents, the * * * it is the responsibility of Congress Id. at 1014. The Commission’s proposed statutory criteria for exemption do not to modify or eliminate these sections.’’ conditional exemption is analogous to include whether the requirements from Id. at 136. See also MCI the program found by the court of which relief is sought are ‘‘infrequently Telecommunications Corp. v. American appeals to be within FERC’s authority to used by shippers’’ or that the Tel. & Tel. Co., 512 U.S. 218 (1994) deregulate. (‘‘MCI’’) (striking down Federal requirements ‘‘serve no valid public 2. Substantial Reduction in Competition policy.’’ Even if the Commission Communications Commission’s believes an exemption from a deregulation of tariff filing). Section 16 requires the Commission requirement of the Shipping Act or its The Commission has determined that to find that a proposed exemption will regulations might relieve burdens on the it can distinguish its statutory authority not result in substantial reduction in industry or be a good ‘‘public policy’’ to exempt NVOCCs from the provisions competition before it may be granted. 46 choice, it cannot grant an exemption of the Shipping Act—subject to certain U.S.C. app. 1715. The Commission’s without a finding that the criteria of conditions—from both Maislin and MCI. interpretation of this provision has been section 16 have been met. First, Maislin and MCI apply to other sparse, but the agency has not limited In proposing this new exemption, the statutes and their regulatory regimes. itself to consideration of the effects that Commission has concluded that it will See P6–89, Motor Vehicle the exemption may have on competition not result in a substantial reduction in Manufacturers Association of the between VOCCs. The Commission, for competition or be detrimental to United States—Application for example, analyzed competition between commerce, as discussed in detail below. Exemption of Vehicle Shipments from FMC-regulated carriers and non- In addition, the Commission has Portions of the Shipping Act of 1984, 25 regulated carriers in Docket No. 92–36, determined that the carriage of cargo by S.R.R. 849, 855 (1989) (‘‘MVMA I’’) Reduction of Notice for Tariff Increases NVOCCs under individualized (policies underlying other in the Domestic Offshore Trades, 26 arrangements concerns ‘‘specified transportation statutes do not ‘‘establish S.R.R. 526, 528 (1992). It has also activity’’ as that term is used in section that the exemption is consistent with considered competition between large 16, and that the tariff-publication the regulatory scheme established by the and small automobile shippers, first in requirement from which the Joint [Shipping] Act’’). Second, OSRA’s MVMA I, 25 S.R.R. at 854, and again in Proposal seeks exemption is a elimination of the absolutist ‘‘filed rate P7–92, Motor Vehicle Manufacturers ‘‘requirement’’ of the Shipping Act doctrine’’ for more ‘‘market based Association of the United States and under that section. principles’’ appears to define the Wallenius Lines, N.A.—Joint Commission’s new role as more market- Application for Exemption from Certain 1. Judicial Interpretation based than the statutes at issue in Requirements of the Shipping Act of The Commission has considered how Maislin and MCI. See section 13(f)(1), 46 1984 for Certain Limited Shipments of courts have interpreted other agencies’ U.S.C. app. 1712(f)(1) (‘‘Neither the Passenger Vehicles, 26 S.R.R. 1002 exemption authority. The Supreme Commission nor any court shall order (FMC 1993) (order referring petition for Court struck down an Interstate any person to pay the difference further proceedings). In the present Commerce Commission (‘‘ICC’’) policy between the amount billed and agreed case, the Commission has determined in Maislin Industries, U.S. Inc. v. upon in writing with a common carrier that it may grant the requested relief Primary Steel, Inc., 497 U.S. 116, 126 or its agent and the amount set forth in only if it imposes conditions to ensure (1990) (‘‘Maislin’’). In Maislin, the Court any tariff or service contract by that no substantial reduction in competition held that the ICC’s policy of creating an common carrier for the transportation occurs. exemption to relieve shippers’ service provided.’’) Third, the a. Competition Among NVOCCs obligations to pay the filed rate when a Commission’s determination to impose shipper and carrier have privately conditions on the requested exemption In order to ensure there is no negotiated a lower rate (known as the is consistent with the recent decision of substantial reduction in competition ‘‘Negotiated Rates Policy’’) was the U.S. Court of Appeals for the Ninth among NVOCCs, the exemption must be inconsistent with the Interstate Circuit in California v. Federal Energy available to all NVOCCs compliant with Commerce Act (‘‘ICA’’), and that the ICC Regulatory Comm’n, 383 F.3d 1006 (9th section 19 of the Shipping Act and with did not have the authority to release a Cir. 2004). In that case, the court upheld the conditions of the exemption. ABC shipper from liability for undercharges. a decision of FERC to deregulate filed and FASA contend that the conditional The Court found that compliance with tariff requirements. Id. at 1013 (citing 16 exemption may cause some reduction in the filed rate, known as the ‘‘filed rate U.S.C. 824d(c)). Even though the Ninth competition between large NVOCCs that doctrine,’’ was ‘‘utterly central’’ to the Circuit described the filed rate doctrine can afford the administrative and legal administration of the ICA. Id. at 132 as ‘‘central to FERC’s operations,’’ it costs of drafting, negotiating, filing and (citing Regular Common Carrier distinguished the case before it from enforcing NSAs, and small NVOCCs that Conference v. United States, 793 F.2d MCI and Maislin because FERC had cannot. Because the approach we 376, 379 (1986)). The Court found that combined the provision with two propose is optional, and it is consistent ‘‘the policy, by sanctioning adherence to requirements: first, an ex ante finding of with the statutory scheme of the unfiled rates, undermines the basic the absence of market power; and Shipping Act, we believe that it should

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be available to compliant NVOCCs beneficial cargo owners and shippers’ exemption, and would arguably be without regard to size or capitalization. associations with no NVOCC members. immune from antitrust prosecution. The proposed regulation specifically Section 7(a)(2) provides antitrust We request comment on issues does not permit two or more NVOCCs immunity to ‘‘any activity’’ under the surrounding the potential activities of to offer NSAs in concert, as there is Shipping Act that has been ‘‘exempt[ed] NVOCC affiliates under NSAs. In light reason for concern that doing so may under section 16 * * * from any filing of the potentially broad applicability of cause substantial reduction in or publication requirement.’’ Section antitrust immunity under the Shipping competition due to the inability of 7(a) does not on its face limit the scope Act found in Tucor, we believe it is either the Department of Justice under of antitrust immunity to VOCCs, and prudent to permit only one NVOCC to the antitrust laws or the Commission does not limit the scope of that offer an NSA in its capacity as a carrier. under the Shipping Act to oversee such immunity to transactions between However, it may be possible for the concerted behavior. Section 7(a)(2)(B) of carriers and other carriers. In other Commission to permit wholly-owned the Shipping Act provides that the words, section 7(a)’s grant of immunity subsidiaries of the NVOCC to participate antitrust laws do not apply to ‘‘any to ‘‘any activity’’ that has been as carrier parties to an NSA. Thus, we activity or agreement within the scope exempted from the Shipping Act’s filing seek input on the viability and of this Act, whether permitted under or or publication requirements could be likelihood of such arrangements. prohibited by this Act, undertaken or read to include transactions between entered into with a reasonable basis to carriers and shippers. Under Tucor, the b. Competition Between NVOCCs and conclude that * * * it is exempt under immunity would likely be interpreted to VOCCs section 16 of this Act from any filing or include an NSA entered into between an In order to ensure there is no publication requirement of this Act.’’ 46 NVOCC acting as a carrier and an substantial reduction in competition U.S.C. app. 1706(a)(2)(B). It could be NVOCC acting as a shipper. between NVOCCs and VOCCs, the argued that operating under an NSA Because of the dual role (as carriers Commission proposes that the would constitute activity that has been and shippers) occupied by NVOCCs, exemption be conditioned on the same exempted under section 16 from the allowing them to enter into NSAs as statutory and regulatory requirements tariff publication requirement, and that shippers could result in such and protections applicable to VOCCs’ such activity should therefore be arrangements being immune from service contracts: namely, filing of exempt from the antitrust laws. This antitrust prosecution. The particular executed agreements; publication of would mean that NSAs offered by two difficulty about this is that NVOCCs—in essential terms of those agreements; and or more NVOCCs acting in concert their capacity as carriers—are engaged confidential treatment, similar to that would enjoy immunity from antitrust in competition with one another. It is set forth in 46 CFR part 530. enforcement, even though their possible that NVOCCs could affect collusive activity is not monitored by Section 8(a)(1) requires that, except shipping rates through collusive the Commission. See, e.g. United States with regard to certain commodities, arrangements in which one NVOCC is v. Tucor, 189 F.3d 834 (9th Cir. 1999) ‘‘each common carrier * * * keep open characterized as a carrier and the other (section 7(a)(4) of the Shipping Act to public inspection in an automated is characterized as a shipper. immunizes NVOCCs from antitrust tariff system, tariffs showing all its rates, Authorizing a mechanism by which prosecution for the foreign inland charges, classifications, rules, and they could collude on price, free from segment of through transportation to the practices.’’ 46 U.S.C. app. 1707(a)(1). United States involving military antitrust enforcement, could ‘‘result in a This requirement does not differentiate household goods). In addition, we substantial reduction in competition.’’ between VOCCs and NVOCCs, and it is believe that the prohibitions of section 46 U.S.C. app. 1715. clear that VOCCs generally must comply 10(c) were intended to apply only to We would emphasize that the with this requirement. However, coordination between ocean common proposed limitation on the definition of implicitly, VOCCs do enjoy an carriers as defined in section 4 of the ‘‘shipper’’ would not undermine parity alternative to the requirement that they Shipping Act, 46 U.S.C. app. 1703. between NVOCCs and VOCCs, because show ‘‘all’’ rates, etc. in a tariff, because Therefore, allowing two or more their situations are not analogous: they may include such matters in their unrelated NVOCCs to offer NSAs in VOCCs do not occupy a dual role in the filed service contracts. It appears concert could present significant transportation chain, and do not necessary, therefore, to explicitly impediments to competition, as compete against most of their shippers. exempt NVOCCs from the requirement NVOCCs would be permitted to collude Although VOCCs could be said to be of section 8(a)(1) that they publish all without the oversight of the engaged in competition against NVOCCs rates, etc. in a tariff on the condition Commission or the Department of and are nonetheless permitted to offer that those rates, etc. are contained in a Justice. service contracts to NVOCCs acting as filed NSA. Under the proposed rule, In order to avoid this potential effect, shippers, the same concerns do not arise NVOCCs would remain subject, as the Commission proposes to define from such arrangements as would arise VOCCs are, to the general requirement NSAs specifically as arrangements if NVOCCs were permitted to enter into of section 8(a)(1) that they maintain a between NVOCCs and non-NVOCC NSAs as shippers. This is, again, tariff. With the exemption we propose, shippers in which the NVOCC acts as a because section 7(a)(2) would appear to NVOCC licensure will continue to carrier offering a service and the non- confer antitrust immunity on any require publication of a tariff, although NVOCC shipper receives the service as activity that has been exempted from every rate an NVOCC charges will not a customer of the NVOCC. We expect filing or publishing requirements. A be required to be published therein, if that this will ensure that NVOCCs are service contract between a VOCC and an the rate is filed in an NSA. This not granted antitrust immunity that was NVOCC acting as a shipper would not approach also preserves the not intended by Congress. fall under such an exemption, as it is Commission’s remedial authorities for Further, the proposed rule would not already authorized by the Shipping Act. tariff prohibition, cancellation and permit an NVOCC to enter into an NSA See 46 U.S.C. app. 1703(19) and suspension pursuant to sections 11(b)(2) in its capacity as a shipper; it would 1703(17)(B). An NSA between two and 11(b)(3) for NVOCCs. 46 U.S.C. app. limit the definition of ‘‘NSA shipper’’ to NVOCCs, however, would fall under the 1710(b)(2), (b)(3).

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The Shipping Act excepts certain includes provisions prohibiting this to it is not detrimental to commerce may commodities from the requirement that mirror the requirements the Shipping overlap to a certain extent with the conditions for their carriage be reflected Act places on VOCC service contracting. conditions ensuring against reduction in in a published tariff or a filed service c. Competition Among Shippers competition, the analysis is distinct. contract, and the Commission has Many important shipper protections likewise exempted the provision of To ensure competition among provided for in the Shipping Act certain services from the tariff shippers is not substantially harmed, relating to service contracts offered by publication requirements of sections the Commission proposes to require the VOCCs ensure against detriment to 8(a)(1) and section 8(c)(2). Sections publication of the essential terms of all commerce. Thus, the Commission 8(a)(1) and 8(c)(2) excepts the following NSAs in automated systems and the proposes making applicable to carriage filing of the full text of those commodities: bulk cargo, forest under an NSA, those provisions of the arrangements with the Commission. products, recycled metal scrap, new Shipping Act that would be applicable Publication of NSA essential terms will assembled motor vehicles, waste paper to service contracts. and paper waste; the Commission has enable shippers to determine, as they exempted the Department of Defense currently are able for VOCC-offered Section 10(a)(1) reads, ‘‘No person cargo and U.S. mail from the service service contracts, general information may knowingly and willfully, directly contract filing requirements of section on the services NVOCCs are offering or indirectly, by means of false billing, 8(c)(2) in its rules at 46 CFR 530.13. The their competitors. This will enable false classification, false weighing, false proposed rule mirrors the provisions of shippers to gather information on report of weight, false measurement, or the Commission’s rules on service general market conditions as they by any other unjust or unfair device or contracts for excepted and exempted evaluate their own transportation needs, means obtain or attempt to obtain ocean commodities and services. and potentially identify any prohibited transportation for less than the rates or The prohibited acts contained in conduct. charges that would otherwise be sections 10(b)(1), (2), (5) and (9), 46 3. Detriment to Commerce applicable.’’ 46 U.S.C. app. 1709(a)(1). U.S.C. app. 1709(b)(1), (2), (5), (9), apply This provision is at the heart of the to cargo moved under service contract. The ‘‘detrimental to commerce’’ ‘‘filed rate doctrine’’—that there must To ensure consistency with VOCC criterion was carried over to the present always be an ‘‘applicable’’ or ‘‘legal’’ treatment, the Commission proposes statute from 1966 amendments to rate. Just as rates provided under service identical administrative prohibitions section 35 of the Shipping Act, 1916, contracts are ‘‘applicable rates,’’ so applicable to NSAs. The prohibited although the use of the phrase since has compliant NSA rates would be actions applicable only to tariffs would been removed from other provisions of applicable rates. Doing away with the not apply to cargo moved under an the Shipping Act. In P7–92, Motor requirements that common carriers NSA, but would still remain in effect, as Vehicle Manufacturers Association of publish tariffs and adhere to rates that they do for VOCCs, for cargo handled the United States, Inc. and Wallenius are either published in those public under a tariff.5 Lines, N.A.—Joint Application for tariffs available to all-comers, or adhere Exemption from Certain Requirements Section 10(b)(1) reads, in pertinent to rates filed in their service contracts or of the Shipping Act of 1984 for Certain part, ‘‘No common carrier * * * may NSAs, would likely undercut those Limited Shipments of Passenger * * * allow any person to obtain principles and thereby cause detriment Vehicles, 26 S.R.R. 1269 (ALJ transportation for property at less than to commerce.6 the rates or charges established by the recommended decision) carrier in its tariff or service contract by (administratively final, April 29, 1994) Section 10(b)(12) of the Shipping Act means of false billing, false (‘‘MVMA ALJ’’), drawing on the prohibits VOCCs from knowingly and classification, false weighing, false Commission’s reasoning in Docket No. willfully entering into service contracts measurement, or by any other unjust or 65–45, Investigation of Ocean Rate with an NVOCC that does not have a unfair device or means.’’ 46 U.S.C. app. Structures in the Trade between United license and bond, insurance, or other 1709(b)(1). A rate established in an NSA States North Atlantic Ports and Ports in surety as required by sections 8 and 19 becomes the legal rate for the subject the United Kingdom and Eire—North of the Shipping Act, or with an affiliate shipment. To ensure the Commission Atlantic United Kingdom Freight of such an NVOCC. 46 U.S.C. app. has the same oversight over cargo Conference, Agreement 7100, and North 1709(b)(12). Because the NPR permits carried under an NSA with respect to Atlantic Westbound Freight Association, NVOCCs to participate in NSAs only in the prohibitions contained in section Agreement 5850, 12 F.M.C. 34, 35 their capacity as carriers, it is not 10(b)(1), the Commission proposes that (1968), the ALJ found ‘‘detriment to necessary to adopt section 10(b)(12) as this provision be made applicable by commerce’’ must mean ‘‘something a parallel administrative violation. regulation. harmful’’ other than one of the other However, the NPR does contain a The Shipping Act prohibits VOCCs criteria of the exemption provision. requirement that only those NVOCCs from discriminating against ports MVMA ALJ at 1300. Interpreting the two who are in compliance with the though service contracts. 46 U.S.C. app. criteria of section 16 identically would licensing, bonding and tariff publishing 1709(b)(5), 1709(b)(9). The NPR be contrary to the well-accepted canon requirements of the Shipping Act be of construction which requires that 5 The following prohibitions, which are now meaning be given to every provision of 6 Section 8(d) reads, in pertinent part, ‘‘No new applicable to all common carriers, including a statute; if ‘‘detriment to commerce’’ or initial rate or change in an existing rate that NVOCCs, would remain applicable to cargo had the same meaning as ‘‘no results in an increased cost to the shipper may movements regardless of whether they are become effective earlier than 30 calendar days after accomplished under an NSA, under a published substantial reduction in competition,’’ it publication.’’ 46 U.S.C. app. 1707(d). As an NSA tariff, or under a filed service contract: section would be mere surplusage. See, e.g., rate under the proposed exemption would not be 10(b)(3) (retaliation); section 10(b)(7) (deferred Babbitt v. Sweet Home Chapter of considered a tariff rate, it would not be held to this rebates); section 10(b)(10) (unreasonable refusal to Communities for a Great Oregon, 515 requirement. Furthermore, this protection does not deal or negotiate); section 10(b)(11) (moving cargo appear necessary for shippers who negotiate service for unlicensed OTIs); section 10(b)(13) (disclosure U.S. 687, 697–698 (1995). contracts as the shipper is a party to the negotiation. of shipper information); and section 10(d)(1) Although the conditions placed on The same is not true for shippers who move cargo (unreasonable practices). the proposed exemption to ensure that under tariffs, which are ‘‘take it or leave it’’ terms.

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permitted to offer NSAs in their Commission is ineligible to offer and Section 531.4 Confidentiality 7 capacity as carriers. file NSAs. This provision reflects the Section 10(b)(11), 46 U.S.C. app. Commission’s intent to keep NSAs and 1709(b)(11), contains a slightly different Section 531.3 Definitions their amendments confidential, to the prohibition (it forbids acceptance of This section sets forth the definitions full extent permitted by law. However, cargo from a non-compliant NVOCC for of terms to be used in this part. This the Commission shall provide certain movements rated under tariffs and section defines an NVOCC service information to other agencies of the service contracts). As the Commission arrangement (‘‘NSA’’) as ‘‘a written Federal government of the United States proposes that NVOCCs may only offer contract, other than a bill of lading or NSAs as carriers, and may not act as as it sees fit. Also, the parties to a filed receipt, between one or more NSA shippers, and that only compliant NSA may agree to disclose information shippers as defined in this regulation NVOCCs may offer NSAs, we believe it contained in it. Breach of any is not necessary to provide equivalent and an individual NVOCC in which the confidentiality agreement contained in shipper protections to movements under NSA shipper makes a commitment to an NSA by either party will not, on its an NSA. provide a certain minimum quantity or own, be considered a violation of these Therefore, to ensure the exemption portion of its cargo or freight revenue rules. over a fixed time period, and the does not result in any detriment to Section 531.5 Duty to File commerce, the proposed rule requires NVOCC commits to a certain rate or rate NVOCCs to file their NSAs schedule and a defined service level. As the Commission’s rules provide for electronically with the Commission, to The NSA may also specify provisions in the filing of service contracts in 46 CFR retain the original (in the same manner the event of nonperformance on the part part 530, the proposed rule requires the that service contracts offered by VOCCs of any party.’’ This definition largely NVOCC party to an NSA to file the NSA, are now filed) and prohibits tracks the definition of ‘‘service amendments and notices and to publish noncompliant NVOCCs from offering contract’’ as set forth in the the statement of essential terms. No NSAs. These conditions will enable the Commission’s current rules at 46 CFR such obligation is placed on the NSA Commission to perform audits of these part 530.3(q), except that the phrase shipper party to the NSA. arrangements to ensure against ‘‘such as, assured space, transit time, The proposed rule also provides that, malpractices by which shippers may be port rotation, or similar service similar to the provision set forth in harmed. features’’ has been eliminated. The section 13(f)(1) of the Shipping Act, 46 definition also differs from the statutory U.S.C. app. 1712(f)(1), the Commission V. Proposed Regulation—Section-by- definition of service contract inasmuch shall not order any person to pay the Section Analysis as it adds the phrase ‘‘or freight difference between an amount billed Section 531.1 Purpose revenue,’’ which is consistent with the and an amount in an NSA. current regulatory definition. This Further, this section provides that the The NPR proposes an exemption from filing may be done by an agent or certain provisions of the Shipping Act. phrase was originally added to the publisher. This section sets for the Section 531.1 sets for the purpose for Commission’s definition of ‘‘service requirements for registration that must the exemption and its conditions. contract’’ in its 1984 rulemakings. As the Commission explained, the be undertaken before an NVOCC may Section 531.2 Scope and Applicability definition was modified ‘‘to recognize file its NSAs into the Commission’s This provision indicates that only that such contracts may be based upon automated NSA system. There is no individual NVOCCs compliant with the the amount or revenue provided by the provision for paper-based/non- requirements of section 19 of the shipper as well as a specific minimum electronic filing. Shipping Act, 46 U.S.C. app. 1718, and volume of cargo.’’ Docket No. 84–21, Section 531.6 NVOCC Service the Commission’s regulations at 46 CFR Publishing and Filing Tariffs by Arrangements part 515, may enter into an NSA with Common Carriers in the Foreign This section sets forth the form and one or more NSA shippers subject to the Commerce of the United States—Service manner requirements for NSAs. It also requirements of these rules. Further, it Contracts and Time/Volume Contracts, provides that an NSA must be filed states that any NVOCC who fails to 46 CFR part 580, 49 FR 24701 (June 14, prior to any cargo moves pursuant to maintain its bond or license or has had 1984) (interim rule). its tariff suspended or cancelled by the that NSA or amendment. The NSA as The proposed rule defines ‘‘NSA filed must include the complete terms of 7 The NPR does not relieve NVOCCs from any of shipper’’ as ‘‘a cargo owner, the person the NSA, including, but not limited to the requirements applicable to them under section for whose account the ocean the origin port ranges in the case of port- 19 of the Shipping Act or the Commission’s transportation is provided, the person to to-port movements and geographic areas regulations relating to licensure, financial whom delivery is to be made, or a in the case of through intermodal responsibility, or the compensation NVOCCs may pay freight forwarders. 46 U.S.C. app. 1718. The shippers’ association. The term does not movements; the destination port ranges Commission’s regulations at 46 CFR part 515 include NVOCCs or a shippers’ in the case of port-to-port movements outline the general duties of OTIs, including associations whose membership and geographic areas in the case of NVOCCs. The draft regulation does not contradict includes NVOCCs.’’ This definition of any requirement of these regulations. Specifically, through intermodal movements; the we have considered that 46 CFR 535.31(g) requires NSA shipper is different from that of commodity or commodities involved; licensees to make all records connected with its OTI ‘‘shipper’’ in the Commission’s the minimum volume or portion; the business available to the Commission. While we regulations on service contracts at 46 service commitments; the line-haul rate; believe the requirements of these provisions would CFR part 530 and section 3(21) of the apply equally to NSA-related records, the proposed the liquidated damages for non- rule includes a records-retention provision Shipping Act, 46 U.S.C. app. 1702(21). performance (if any); the duration of the specifically applicable to NSAs. These requirements This is because the Commission has NSA, including the effective date and also correspond to the Commission’s requirements determined, for the reasons outlined expiration date; the legal names and for service contracts. Similarly, NVOCCs will not be relieved of the requirement under 46 CFR 515.42(b) above, that NVOCCs, and groups that business addresses of the NSA parties; and (d) regarding freight forwarder compensation include NVOCCs, should not be able to the names, titles and addresses of the and certifications. obtain NSAs as shipper parties. representatives signing the NSA for the

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parties; and the date upon which the the Commission’s rules at 46 CFR optional method for NVOCCs to carry NSA was signed; a description of the 530.10(c). cargo for their customers to be used at shipment records which will be their discretion. The rule would pose no Section 531.9 Publication maintained to support the NSA and the economic detriment to small business address, telephone number, and title of This section sets out the requirements entities. Rather, it exempts NVOCCs the person who will respond to a for the essential terms (‘‘ET’’) from the otherwise applicable request by making shipment records publication for each NSA filed with the requirements of the Shipping Act when available to the Commission for Commission. It also describes the such entities comply with the rules set inspection; and all other provisions of Commission’s publication at http:// forth herein. the NSA. The terms of the NSA may not www.fmc.gov of a listing of the locations This regulatory action is not a ‘‘major be uncertain, vague or ambiguous or of all NSA essential terms publications rule’’ under 5 U.S.C. 804(2). make reference to terms not explicitly and requires that the ET publication The collection of information contained in the NSA itself unless those indicate the date upon which it has requirements contained in this proposed terms are contained in a publication most recently been updated. 46 CFR part 531 have been submitted to widely available to the public and well the Office of Management and Budget Section 531.10 Excepted and (‘‘OMB’’) for review under section known within the industry. Exempted Commodities This section also requires that, for 3504(h) of the Paperwork Reduction Act service pursuant to an NSA, that no This section lists the commodities of 1980, as amended. The estimated NVOCC may, either alone or in and services for which no NSA filing total annual burden for the estimated conjunction with any other person, may be made. 110 annual respondents is 165,932 directly or indirectly provide service in manhours. This estimate includes, as Section 531.11 Implementation applicable, the time needed to review the liner trade that is not in accordance This section provides that instructions, develop, acquire, install, with the rates, charges, classifications, performance under an NSA or and utilize technology and systems for rules and practices contained in a filed amendment thereto may not begin the purposes of collecting, validating, NSA; engage in any unfair or unjustly before the day it is effective and filed and verifying information, processing discriminatory practice in the matter of with the Commission. and maintaining information, and rates or charges with respect to any port; disclosing and providing information; or give any undue or unreasonable Section 531.12 Recordkeeping and adjust the existing ways to comply with preference or advantage or impose any Audit any previously applicable instructions undue or unreasonable prejudice or This section sets forth the and requirements; train personnel to disadvantage with respect to any port. requirement that all original signed respond to a collection of information, The format requirements are as NSAs and related records must be search existing data sources, gathering follows. Each NSA must include a retained by the NVOCC for five years and maintain the data needed, and unique NSA number of more than one from the termination of each NSA in an complete and review the collection of (1) but less than ten (10) alphanumeric organized, readily accessible or information; and transmit or otherwise characters in length (‘‘NSA Number’’); a retrievable manner. It also requires disclose the information. consecutively numbered amendment every NVOCC, upon written request of The Chairman of the Federal Maritime number no more than three digits in the FMC’s Director, Bureau of Commission, pursuant to 5 CFR length, with initial NSAs using ‘‘0’’ Enforcement, any Area Representative 1320.13, has requested emergency (‘‘Amendment number’’); and an or the Director, Bureau of Trade processing of the proposed collection of indication of the method by which the Analysis, to submit copies of requested information described in proposed Form statement of essential terms will be original NSAs or their associated FMC–78 and that OMB determine to published. This section makes records within thirty days of the date of approve or disapprove that proposed provisions for any malfunction of the the request. collection of information by November Commission’s electronic filing system. 12, 2004. Inasmuch as the exemption is Appendix A, Form FMC–78 and Section 531.7 Notices deregulatory and voluntary, OMB’s Instructions approval of the collection of information This section requires that, within Appendix A, together with Form required for the registration form prior thirty days of the occurrence of FMC–78 and its associated instructions, to the effective date of the proposed correction, cancellation, adjustment, set forth the registration requirements regulation will permit the FMC to final settlement of any adjusted account for filing NSAs electronically with the prepare for the effectiveness of the and any change to the name, legal name Commission’s automated NSA system. proposed rule by allowing the agency’s and/or business address of any NSA staff to begin processing the registration party, the NVOCC shall file a notice, VI. Statutory Reviews and Request for requests and issuing identification pursuant to the same procedures as Comments numbers and passwords to NVOCCs those followed for the filing of an In accordance with the Regulatory intending to take advantage of the amendment to the NSA. Flexibility Act, 5 U.S.C. 601 et seq., the exemption. The Commission is not Chairman of the Federal Maritime permitted to collect information until Section 531.8 Amendment, Correction, Commission certifies that this rule, if OMB has approved of it. As the Cancellation, and Electronic promulgated, will not have a significant proposed rule will expand by ten-fold Transmission Errors economic impact on a substantial the number of common carriers eligible This section describes the procedures number of small entities. The to file their service arrangements with for amendment, correction, cancellation Commission recognizes that the the FMC, it is necessary to begin the and electronic transmission errors. majority of businesses that would be process of registering such industry Amendment to an NSA may only be affected by this rule qualify as small participants before the rule goes into done by mutual agreement of the entities under the guidelines of the effect. This regulatory oversight is at the parties. A filing fee will be assessed at Small Business Administration. The heart of the FMC’s mission, and will the same rate as presently assessed in rule, however, would establish an likely be disrupted if the agency cannot

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begin processing the registration Subpart A—General Provisions (1) Assumes responsibility for the requests as soon as possible. For these transportation from the port or point of reasons, the Chairman has determined § 531.1 Purpose. receipt to the port or point of that this collection of information is This part exempts NVOCCs from destination; and essential to the mission of the agency certain provisions of the Shipping Act. (2) Utilizes, for all or part of that and that the FMC cannot reasonably The purpose of this part is to facilitate transportation, a vessel operating on the comply with the normal clearance the filing of NVOCC service high seas or the Great Lakes between a procedures under this part because the arrangements (‘‘NSAs’’) and the port in the United States and a port in use of the normal clearance procedures publication of certain essential terms of a foreign country, except that the term is reasonably likely to disrupt the those NSAs as they are exempt from the does not include a common carrier collection of information and the otherwise applicable provisions of the engaged in ocean transportation by ferry efficient implementation of the Shipping Act of 1984 (‘‘Act’’). This part boat, ocean tramp, or chemical parcel proposed rule. enables the Commission to review NSAs tanker, or by a vessel when primarily Send comments regarding the burden to ensure that they and the parties to engaged in the carriage of perishable estimate or any other aspect of this them comport with the conditions of the agricultural commodities: collection of information, including exemption as set forth below. (i) If the common carrier and the suggestions for reducing this burden, to § 531.2 Scope and applicability. owner of those commodities are wholly Austin L. Schmitt, Director of owned, directly or indirectly, by a Only individual NVOCCs compliant Operations, Federal Maritime person primarily engaged in the with the requirements of section 19 of marketing and distribution of those Commission, 800 North Capitol Street, the Act and the Commission’s commodities; and NW., Washington, DC 20573; and to the regulations at 46 CFR part 515 may Office of Information and Regulatory (ii) Only with respect to those enter into an NSA with one or more commodities. Affairs, Office of Management and NSA shippers subject to the Budget, Attention: Desk Officer for the (i) Correction means any change to a requirements of these rules. Any filed NSA that has retroactive effect. Federal Maritime Commission, NVOCC who has failed to maintain its Washington, DC 20503. (j) Effective date means the date upon bond or license or had its tariff which an NSA or amendment is List of Subjects for 46 CFR Part 531 suspended or cancelled by the scheduled to go into effect by the parties Exports, Non-vessel-operating Commission is ineligible to offer and to the NSA. An NSA or amendment file NSAs. common carriers, Ocean transportation becomes effective at 12:01 a.m. Eastern intermediaries. § 531.3 Definitions. Standard Time on the beginning of the Accordingly, the Federal Maritime When used in this part: effective date. The effective date cannot Commission proposes to add 46 CFR (a) Act means the Shipping Act of be prior to the filing date of the NSA or part 531 as follows: 1984 as amended by the Ocean amendment with the Commission. Shipping Reform Act of 1998; (k) Expiration date means the last day PART 531—NVOCC SERVICE (b) Amendment means any change to after which the entire NSA is no longer ARRANGEMENTS a filed NSA which has prospective in effect. (l) File or filing (of NSAs or Subpart A—General Provisions effect and which is mutually agreed upon by all parties to the NSA. amendments thereto) means the use of Sec. (c) Authorized person means an the Commission’s electronic filing 531.1 Purpose. NVOCC or duly appointed agent who is system for receipt of an NSA or an 531.2 Scope and applicability. authorized to file NSA on behalf of the amendment thereto by the Commission, 531.3 Definitions. NVOCC and to publish the consistent with the method set forth in 531.4 Confidentiality. Appendix A of this part, and the 531.5 Duty to file. corresponding statement of essential terms and is registered by the recording of its receipt by the Subpart B—Filing Requirements Commission to file under § 531.5 and Commission. 531.6 NVOCC service arrangements. Appendix A to this part. (m) OIT means the Commission’s 531.7 Notices. (d) BTA means the Commission’s Office of Information Technology, or its 531.8 Amendment, correction, cancellation, Bureau of Trade Analysis, or its successor office. and electronic transmission errors. successor bureau. (n) NSA shipper means a cargo owner, Subpart C—Publication of Essential Terms (e) BCL means the Commission’s the person for whose account the ocean transportation is provided, the person to 531.9 Publication. Bureau of Certification and Licensing, or its successor bureau. whom delivery is to be made, or a Subpart D—Exceptions and Implementation (f) Cancellation means an event which shippers’ association. The term does not 531.10 Excepted and exempted is unanticipated by the NSA, in include NVOCCs or a shippers’ commodities. liquidated damages or otherwise, and is associations whose membership 531.11 Implementation. due to the failure of the NSA shipper to includes NVOCCs. Subpart E—Recordkeeping and Audit tender minimum cargo as set forth in (o) NVOCC service arrangement the contract, unless such tender was (‘‘NSA’’) means a written contract, other 531.12 Recordkeeping and Audit than a bill of lading or receipt, between 531.13–531.98 [RESERVED] made impossible by an action of the 531.99 OMB control numbers assigned NVOCC. one or more NSA shippers and an pursuant to the Paperwork Reduction (g) Commission or FMC means the individual NVOCC in which the NSA Act. Federal Maritime Commission. shipper makes a commitment to provide Appendix A to Part 531—Instructions for the (h) Common carrier means a person a certain minimum quantity or portion Filing of NVOCC Service Arrangements holding itself out to the general public of its cargo or freight revenue over a Exhibit 1 to Part 531—NVOCC Service to provide transportation by water of fixed time period, and the NVOCC Arrangement Registration [FORM FMC– passengers or cargo between the United commits to a certain rate or rate 78] States and a foreign country for schedule and a defined service level. Authority: 46 U.S.C. app. 1715. compensation that: The NSA may also specify provisions in

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the event of nonperformance on the part (b) Every NSA filed with the unreasonable preference or advantage or of any party. Commission shall include the complete impose any undue or unreasonable (p) Statement of essential terms terms of the NSA including, but not prejudice or disadvantage with respect means a concise statement of the limited to, the following: to any port. essential terms of an NSA required to be (1) The origin port ranges in the case (e) Format requirements. Every NSA published under this part. of port-to-port movements and filed with BTA shall include, as set geographic areas in the case of through forth in Appendix A to this part: § 531.4 Confidentiality. intermodal movements; (1) A unique NSA number of more (a) All NSAs and amendments to (2) The destination port ranges in the than one (1) but less than ten (10) NSAs filed with the Commission shall, case of port-to-port movements and alphanumeric characters in length to the fullest extent permitted by law, be geographic areas in the case of through (‘‘NSA Number’’); and held in confidence by the Commission. intermodal movements; (2) A consecutively numbered (b) Nothing contained in this part (3) The commodity or commodities amendment number no more than three shall preclude the Commission from involved; digits in length, with initial NSAs using providing certain information from or (4) The minimum volume or portion; ‘‘0’’ (‘‘Amendment number’’); and access to NSAs to another agency of the (5) The service commitments; (3) An indication of the method by Federal government of the United (6) The line-haul rate; which the statement of essential terms States. (7) Liquidated damages for non- will be published. (c) Parties to a filed NSA may agree performance (if any); (f) Exception in case of malfunction of to disclose information contained in it. (8) Duration, including the: Commission electronic filing system. (1) Breach of any confidentiality agreement (i) Effective date; and In the event that the Commission’s contained in an NSA by either party (ii) Expiration date; electronic filing system is not will not, on its own, be considered a (9) The legal names and business functioning and cannot receive NSAs violation of these rules. addresses of the NSA parties; the names, filings for twenty-four (24) continuous titles and addresses of the hours or more, affected parties will not § 531.5 Duty to file. representatives signing the NSA for the be subject to the requirements of (a) The duty under this part to file parties; and the date upon which the paragraph (a) of this section and NSAs, amendments and notices, and to NSA was signed. Subsequent references § 531.11 that an NSA be filed before publish statements of essential terms, in the NSA to the signatory parties shall cargo is shipped under it. shall be upon the NVOCC party to the be consistent with the first reference. (2) However, NSAs which go into NSA. (10) A description of the shipment effect before they are filed due to a (b) The Commission shall not order records which will be maintained to malfunction of the Commission’s any person to pay the difference support the NSA and the address, electronic filing system pursuant to between the amount billed and agreed telephone number, and title of the paragraph (f)(1) of this section, must be upon in writing with a common carrier person who will respond to a request by filed within twenty-four (24) hours of or its agent and the amount set forth in making shipment records available to the Commission’s electronic filing an NSA by that common carrier for the the Commission for inspection under system’s return to service. (3) For an NSA that is effective transportation service provided. § 531.12; and without filing due to a malfunction of (c) Filing may be accomplished by (11) All other provisions of the NSA. the Commission’s filing system, failure any duly agreed-upon agent, as the (c) Certainty of terms. The terms to file that NSA within twenty-four (24) parties to the NSA may designate, and described in paragraph (b) of this hours of the Commission’s electronic subject to conditions as the parties may section may not: filing system’s return to service will be agree. (1) Be uncertain, vague or ambiguous; considered a violation of these (d) Registration. (1) Application. or regulations. Authority to file or delegate the (2) Make reference to terms not explicitly contained in the NSA itself (g) Failure to comply with the authority to file must be requested by a provisions of this section shall result in responsible official of the NVOCC in unless those terms are contained in a publication widely available to the the application of the terms of the writing by submitting to BTA, either by otherwise applicable tariff. mail to 800 N. Capitol Street, NW., public and well known within the Washington, DC 20573, or by facsimile industry. § 531.7 Notices. to (202) 523–5767, a completed NSA (d) Other requirements. (1) For service Within thirty (30) days of the Registration Form (FMC–78) (Exhibit 1 pursuant to an NSA, no NVOCC may, occurrence of any event listed below, to this part). either alone or in conjunction with any there shall be filed with the (2) Approved registrations. OIT shall other person, directly or indirectly, Commission, pursuant to the same provide approved Registrants a log-on provide service in the liner trade that is procedures as those followed for the identification number (‘‘I.D.’’) and not in accordance with the rates, filing of an amendment pursuant to password for filing and amending NSAs, charges, classifications, rules and § 531.5 and Appendix A to this part, a and notify Registrants of such approval practices contained in a filed NSA. detailed notice of: via U.S. mail. (2) For service pursuant to an NSA, no (a) Correction; NVOCC, may, either alone or in (b) Cancellation; Subpart B—Filing Requirements conjunction with any other person, (c) Adjustment of accounts, by re- directly or indirectly, engage in any rating, liquidated damages, or § 531.6 NVOCC service arrangements. unfair or unjustly discriminatory otherwise; (a) Authorized persons shall file with practice in the matter of rates or charges (d) Final settlement of any account BTA, in the manner set forth in with respect to any port; and adjusted as described in paragraph (c) of Appendix A of this part, a true and (3) For service under an NSA, no this section; and complete copy of every NSA or NVOCC may, either alone or in (e) Any change to the name, legal amendment before any cargo moves conjunction with any other person, name and/or business address of any pursuant to that NSA or amendment. directly or indirectly, give any undue or NSA party.

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§ 531.8 Amendment, correction, NSA filing is not to be used to make essential terms, unless those terms are cancellation, and electronic transmission changes in the original NSA rates, terms contained in a publication widely errors. or conditions that are otherwise available to the public and well known (a) Amendment. NSAs may be provided for in § 531.6(b). The CT tab within the industry. amended by mutual agreement of the box in the Commission’s electronic (c) Location. The statement of parties. Amendments shall be filed filing system must be checked at the essential terms shall be published as a electronically with the Commission in time of resubmitting a previously filed separate part of the individual NVOCC’s the manner set forth in § 531.5 and NSA, and a description of the automated tariff system. Appendix A to this part. corrections made must be stated at the (d) References. The statement of (1) Where feasible, NSAs should be beginning of the corrected NSA in a essential terms shall contain a reference amended by amending only the affected comment box. Failure to check the CT to the ‘‘NSA Number’’ as described in specific term(s) or subterms. box and enter a description of the § 531.6(e)(1). (2) Each time any part of an NSA is correction will result in the rejection of (e) Terms. (1) The publication of the amended, the filer shall assign a a file with the same name, as documents statement of essential terms shall consecutive amendment number (up to with duplicate file names or NSA and accurately reflect the terms as filed with three digits), beginning with the number amendment numbers are not accepted the Commission. ‘‘1.’’ by the FMC’s electronic filing system. (2) If any of the published essential (3) Each time any part of a filed NSA (d) Cancellation. (1) An account may terms include information not required is amended, the ‘‘Filing Date’’ will be be adjusted for events and damages to be filed with the Commission but the date of filing of the amendment. covered by the NSA. This shall include filed voluntarily, the statement of (b) Correction. (1) Requests shall be adjustment necessitated by either essential terms shall so note. filed, in duplicate, with the liability for liquidated damages (f) Commission listing. The Commission’s Office of the Secretary appearing in the NSA as filed with the Commission will publish on its Web within forty-five (45) days of the NSA’s Commission under § 531.6(b)(7), or the site, http://www.fmc.gov, a listing of the filing with the Commission, occurrence of an event described below locations of all NSA essential terms accompanied by remittance of a $276 in paragraph (d)(2) of this section. publications. service fee, and shall include: (2) In the event of cancellation as (g) Updating statements of essential (i) A letter of transmittal explaining defined in § 531.3(3): terms. To ensure that the information the purpose of the submission, and (i) Further or continued contained in a published statement of providing specific information to implementation of the NSA is essential terms is current and accurate, identify the initial or amended NSA to prohibited; and the statement of essential terms be corrected; (ii) The cargo previously carried publication shall include a prominent (ii) A paper copy of the proposed under the NSA shall be re-rated notice indicating the date of its most correct terms. according to the otherwise applicable recent publication or revision. When the (2) Corrections shall be indicated as tariff provisions. published statement of essential terms is follows: (e) If the amendment, correction or affected by filed amendments, (i) Matter being deleted shall be struck cancellation affects an essential term corrections, or cancellations, the current through; and required to be published under § 531.9, terms shall be changed and published as (ii) Matter to be added shall the statement of essential terms shall be soon as possible in the relevant immediately follow the language being changed as soon as possible after the statement of essential terms. deleted and be underscored; filing of the amendment to accurately (3) An affidavit from the filing party reflect the change to the NSA terms. Subpart D—Exceptions and attesting with specificity to the factual Implementation circumstances surrounding the clerical Subpart C—Publication of Essential or administrative error, with reference Terms § 531.10 Excepted and exempted commodities. to any supporting documentation; § 531.9 Publication. (4) Documents supporting the clerical (a) Statutory exceptions. NSAs for the or administrative error; and (a) Contents. All authorized persons movement of the following, as defined (5) A brief statement from the other who choose to file NSAs under this part in section 3 of the Act, the party to the NSA concurring in the are also required to make available to Commission’s rules at 46 CFR 530.3 or request for correction. the public, contemporaneously with the 46 CFR 520.1, are not subject to the (6) If the request for correction is filing of each NSA with the conditions of this exemption: granted, the carrier party shall file the Commission, and in tariff format, a (1) Bulk cargo; corrected provisions using a special case concise statement of the following (2) Forest products; number as described in Appendix A to essential terms: (3) Recycled metal scrap; this part. (1) The port ranges: (4) New assembled motor vehicles; (c) Electronic transmission errors. An (i) Origin; and (ii) Destination; and authorized person who experiences a (2) The commodity or commodities (5) Waste paper or paper waste. purely technical electronic transmission involved; (b) Commission exemptions. The error or a data conversion error in (3) The minimum volume or portion; following commodities and/or services transmitting an NSA filing or an and are not subject to the conditions of this amendment thereto is permitted to file (4) The duration. exemption: a Corrected Transmission (‘‘CT’’) of that (b) Certainty of terms. The terms (1) Mail in foreign commerce. filing within 48 hours of the date and described in paragraph (a) of this Transportation of mail between the time of receipt recorded in the section may not: United States and foreign countries. Commission’s electronic filing system (1) Be uncertain, vague or ambiguous; (2) Department of Defense cargo. (excluding Saturdays, Sundays and legal or Transportation of U.S. Department of public holidays). This time-limited (2) Make reference to terms not Defense cargo moving in foreign permission to correct an initial defective explicitly detailed in the statement of commerce under terms and conditions

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approved by the Military Transportation signed NSAs, amendments, and their A. Registration, Log-On I.D. and Password Management Command and published associated records in an organized, To register for filing, an NVOCC or in a universal service contract. An exact readily accessible or retrievable manner authorized agent must submit the NSA copy of the universal service contract, for a period of five (5) years from the Registration Form (Form FMC–78) to BTA. A including any amendments thereto, termination of each NSA. These records separate NSA Registration Form is required shall be filed with the Commission as must be kept in form that is readily for each individual that will file NSAs. BTA soon as it becomes available. available and usable to the Commission; will direct OIT to provide approved filers (c) Inclusion of excepted or exempted electronically maintained records shall with a log-on identification number (‘‘I.D.’’) matter. (1) The Commission will not be no less accessible than if they were and password. Filers who would like a third accept for filing NSAs which maintained in paper form. party (agent/publisher) to file their NSAs exclusively concern the commodities or must so indicate on Form FMC–78. Authority services listed in paragraph (a) or (b) of (b) Production for audit within 30 for filing can be transferred by submitting an this section. days of request. Every NVOCC shall, amended registration form requesting the (2) NSAs filed with the Commission upon written request of the FMC’s assignment of a new log-on I.D. and may include the commodities or Director, Bureau of Enforcement, any password. The original log-on ID will be services listed in paragraph (a) or (b) of Area Representative or the Director, canceled when a replacement log-on I.D. is this section only if: Bureau of Trade Analysis, submit copies issued. Log-on I.D.s and passwords may not (i) There is a tariff of general of requested original NSAs or their be shared with, loaned to or used by any applicability for the transportation, associated records within thirty (30) individual other than the individual which contains a specific commodity days of the date of the request. registrant. The Commission reserves the right rate for the commodity or service in to disable any log-on I.D. that is shared with, question; or §§ 531.13–531.98 [RESERVED] loaned to or used by parties other than the (ii) The NSA itself sets forth a rate or registrant. charge which will be applied if the NSA § 531.99 OMB control numbers assigned is canceled, as defined in § 531.3(e) and pursuant to the Paperwork Reduction Act. B. Filing § 531.8(d). The Commission has received OMB After receiving a log-on I.D. and a (d) Waiver. Upon filing an NSA approval for this collection of password, a filer may log-on to the NSA pursuant to paragraph (c) of this section, information pursuant to the Paperwork filing area on the Commission’s home page the NSA shall be subject to the same and file NSAs. The filing screen will request Reduction Act of 1995, as amended. In requirements as those for NSAs such information as: filer name, organization accordance with that Act, agencies are generally. number (‘‘Registered Persons Index’’ or ‘‘RPI’’ required to display a currently valid number); NSA and amendment number; § 531.11 Implementation. control number. The valid control effective date and file name. The filer will Generally. Performance under an NSA number for this collection of attach the entire NSA file and submit it into or amendment thereto may not begin information is 3072–XXXX. the system. When the NSA has been before the day it is effective and filed submitted for filing, the system will assign a with the Commission. Appendix A to Part 531—Instructions for the Filing of NVOCC Service filing date and an FMC control number, both of which will be included in the Subpart E—Recordkeeping and Audit Arrangements acknowledgment/confirmation message. § 531.12 Recordkeeping and audit. NSAs shall be filed in accordance with the BILLING CODE 6730–01–P (a) Records retention for five years. instructions found on the Commission’s Every NVOCC shall maintain original home page, http://www.fmc.gov.

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By the Commission. comments on the DOT electronic docket Materials Transportation Authorization Bryant L. VanBrakle, site. Act of 1994, Pub. L. 103–311, August Secretary. • Fax: 1–202–493–2251. 26, 1994, 108 Stat. 1673, at 1676 • [FR Doc. 04–24467 Filed 11–2–04; 8:45 am] Mail: Docket Management Facility; (hereinafter the HMTAA). Section 113, U.S. Department of Transportation, 400 however, assumes the existence of BILLING CODE 6730–01–C Seventh Street, SW., Nassif Building, FMCSA’s more general authority to Room PL–401, Washington, DC 20590– regulate the HOS of commercial motor 0001. vehicle (CMV) drivers and related DEPARTMENT OF TRANSPORTATION • Hand Delivery: Room PL–401 on matters. That authority is conferred by 1 Federal Motor Carrier Safety the plaza level of the Nassif Building, the Motor Carrier Act of 1935, now Administration 400 Seventh Street, SW., Washington, codified at 49 U.S.C. 31502(b), and the DC, between 9 a.m. and 5 p.m., Monday Motor Carrier Safety Act of 1984,2 49 49 CFR Parts 379, 381, 385, 390, and through Friday, except Federal U.S.C. 31136(a). 395 Holidays. Section 113(a) requires FMCSA to • Federal eRulemaking Portal: Go to amend 49 CFR part 395 to improve both [Docket No. FMCSA–1998–3706] http://www.regulations.gov. Follow the driver and carrier compliance with the RIN 2126–AA76 online instructions for submitting HOS regulations and the effectiveness comments. and efficiency of HOS enforcement, at a Hours of Service of Drivers; Instructions: All submissions must cost reasonable to the motor carrier Supporting Documents include the agency name and docket industry. As described in detail later in number or Regulatory Identification the preamble, this proposal would close AGENCY: Federal Motor Carrier Safety Number (RIN) for this rulemaking. Note the loopholes that made it possible for Administration (FMCSA), DOT. that all comments received will be some operators to obscure their ACTION: Supplemental notice of posted without change to http:// violations of the HOS rules by failing to proposed rulemaking (SNPRM); request dms.dot.gov, including any personal collect, retain, or properly to index, for comments. information provided. Please see the documents that could be used to check Privacy Act heading for further the accuracy of drivers’ RODS. Drivers— SUMMARY: The FMCSA intends to clarify information. both employees and owner-operators— that each motor carrier has the duty Docket: For access to the docket to would be required to collect all under the current regulations to: Verify read background documents or documents that could be used to the accuracy of drivers’ hours of service comments received, go to http:// evaluate RODS data, put their name or (HOS) and records of duty status dms.dot.gov at any time or to Room PL– the vehicle number on those documents (RODS), and this obligation extends to 401 on the plaza level of the Nassif and forward them to the employing the HOS and RODS of independent Building, 400 Seventh Street, SW., motor carrier. The carrier would have to drivers or owner-operators while Washington, DC, between 9 a.m. and 5 maintain these records and collect driving for the motor carrier; ensure p.m., Monday through Friday, except related documents from other sources each driver collects and submits to the Federal Holidays. that could be used to check each employing motor carrier all supporting Privacy Act: Anyone is able to search driver’s RODS. All of these records documents with the RODS; and ensure the electronic form of all comments would have to be available to special all motor carriers know of the received into any of our dockets by the agents in the same manner as RODS requirement to maintain supporting name of the individual submitting the themselves. The enforceability of the documents in a method that allows comment (or signing the comment, if HOS regulations would be substantially cross reference to the RODS. This notice submitted on behalf of an association, improved. As for the cost of the also proposes a supporting document business, labor union, etc.). You may proposal, there would be none if motor based self-monitoring system that would review DOT’s complete Privacy Act carriers and drivers were in full be the carrier’s primary method for Statement in the Federal Register compliance with the current supporting ensuring compliance with the HOS published on April 11, 2000 (65 FR documents regulation, as interpreted by regulations. In recognition of developing 19477) or you may visit http:// a series of administrative and Federal technologies, the FMCSA proposes to dms.dot.gov. appellate court decisions.3 Because that permit the use of electronic documents Comments received after the comment is not the case, the costs will be borne as a supplement to, and, in certain closing date will be included in the by motor carriers not now collecting, circumstances, in lieu of, paper docket and we will consider late retaining, and/or indexing supporting supporting documents. The intended comments to the extent practicable. The documents. FMCSA estimates the effect of this proposal is to provide FMCSA may, however, issue a final rule annual cost of the rule would be $14.2 clearer and more detailed definitions of at any time after the close of the million,4 a modest sum given the very ‘‘supporting documents’’, ‘‘employee’’, comment period. large carrier and driver population that ‘‘driver’’, and a requirement for each FOR FURTHER INFORMATION CONTACT: Mr. would be covered by it. The motor carrier to use a self-monitoring Jerry Fulnecky, Office of Enforcement system to verify accuracy of HOS and and Compliance, (202) 366–4553, 1 Public Law 74–255, 49 Stat. 543, August 9, RODS. FMCSA, Department of Transportation, 1935. DATES: We must receive your comments 400 Seventh Street, SW., Washington, 2 Public Law 98–554, Title II, 98 Stat. 2832, by January 3, 2005. October 30, 1984. DC 20590. 3 See the section below headed Motor Carrier ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION: Responsibilities for a discussion of the Federal identified by DOT DMS Docket Number appellate court decisions and the section headed FMCSA–1998–3706 by any of the Legal Basis for the Rulemaking Collection and Retention of Supporting Documents for a discussion of the administrative decisions. following methods: This rulemaking is required by, and 4 • See the section headed Regulatory Impact Web site: http://dms.dot.gov. based on, section 113 (Driver’s Record Analysis for the discussion of how the agency Follow the instructions for submitting of Duty Status) of the Hazardous estimated the $14.2 million costs.

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requirements of Section 113(a) would and 31136(e) and 49 CFR part 381, would not change the substantive HOS therefore be satisfied. subpart C—dovetail perfectly with the regulations, it would make them easier More specifically, section 113(b)(1) ‘‘self-compliance systems’’ mandated to enforce and thus more effective, an provides that the new rules must require here. The agency will therefore entertain objective implied by the grant of written or electronic documents used by requests for HOS self-compliance authority. a motor carrier in connection with a systems that meet the statutory standard The Motor Carrier Safety Act of 1984 specific trip to include at least the for an exemption, i.e., maintenance of provides concurrent authority to driver’s name or the vehicle’s number, the same level of safety under the regulate drivers, motor carriers, and thus ensuring that the document can be exemption as would be achieved by vehicle equipment. It requires the tied to a particular driver and used as complying with the Federal Motor Secretary to ‘‘prescribe regulations on a supporting document to verify the Carrier Safety Regulations (FMCSRs). commercial motor vehicle safety. The accuracy of his/her RODS. This Section 113(b)(5) requires a regulatory regulations shall prescribe minimum requirement would be met by proposed provision allowing case-by-case waivers safety standards for commercial motor § 395.10(e) and (f).5 The former would of the RODS requirements of part 395 vehicles. At a minimum, the regulations require both the driver and the motor for motor carriers (either individually or shall ensure that—(1) Commercial motor carrier to identify each supporting in groups) when sufficient supporting vehicles are maintained, equipped, document and to add the driver’s name, documentation is provided to loaded, and operated safely; (2) the the date and the vehicle number, if that enforcement personnel by an intelligent responsibilities imposed on operators of data does not already appear on the vehicle-highway system, as defined in commercial motor vehicles do not document. The latter would require the section 6059 of the Intelligent Vehicle- impair their ability to operate the motor carrier to identify supporting Highway Systems Act of 1991. FMCSA vehicles safely; (3) the physical documents, including those received has determined that, contrary to condition of operators of commercial from sources other than the driver, and Congressional expectations, Intelligent motor vehicles is adequate to enable to maintain them in a manner that Transportation (IT) systems have not yet them to operate the vehicles safely; and permits them to be matched to a advanced to the point where electronic (4) the operation of commercial motor particular driver’s RODS on a particular monitoring of supporting documents by vehicles does not have a deleterious day. enforcement officers is a feasible effect on the physical condition of the Section 113(b)(2) requires a regulatory substitute for RODS. The motor carrier operators’’ (49 U.S.C. 31136(a)). provision specifying the number and industry has been quite reluctant to This SNPRM is based primarily on the kind of supporting documents that must integrate its data systems with those of mandates to ensure that CMVs are be retained by a motor carrier. The new the enforcement community in a way ‘‘operated safely’’ and that the responsibilities imposed on drivers ‘‘do regulatory definition of ‘‘supporting that would allow real-time access to not impair their ability to operate the document’’ in § 395.2 would cover any supporting documents. FMCSA is vehicles safely’’ (49 U.S.C. 31136(a)(1) document generated or received by a therefore unable to carry out this and (2), respectively). Enhanced carrier or driver during the normal mandate quite the way Congress compliance with the HOS regulations course of business that could be used to intended. Nonetheless, the agency will will help to improve the operational verify a driver’s RODS. We are entertain exemption requests under part safety of CMVs. This proposal would proposing and requesting comments on 381 if motor carriers believe they can also make it easier for FMCSA to a long, but not exclusive, list of demonstrate compliance with the HOS requirement without the use of RODS. document, penalize, and deter cases examples. Section 113(c) defines ‘‘supporting where motor carriers permit, urge, or Section 113(b)(3) requires a regulatory document’’ for purposes of that section. require drivers to exceed the HOS provision specifying how long a motor The agency’s new definition of the term limits, thereby impairing their ability to carrier must maintain HOS records; that in § 395.2 would meet the statutory drive safely. period must be at least 6 months from requirement. the date of receipt. This SNPRM would With one exception, all of the Background on Hours of Service, require carriers to maintain RODS and requirements of section 113 would RODS, and the Verification of RODS all associated supporting documents for therefore be met. That exception reflects The FMCSA requires that the number 6 months from the date of receipt the agency’s inability to carry out of hours a driver may operate a CMV be (§ 395.8(k)(1)). section 113(b)(5), given the current state limited on a daily and weekly basis. Section 113(b)(4) requires a provision of IT systems. These HOS requirements, found in part authorizing motor carriers (individually As indicated above, section 113 395 of Title 49 of the Code of Federal or in groups), on a case-by-case basis, to assumes the existence of FMCSA’s Regulations (49 CFR part 395), are use ‘‘self-compliance systems’’ that general rulemaking authority. The intended to provide drivers with ensure driver compliance with the HOS Motor Carrier Act of 1935 provides that opportunities to obtain sleep, and rules and allow enforcement officers to ‘‘[t]he Secretary of Transportation may thereby reduce the risk of drivers audit those systems to validate prescribe requirements for—(1) operating CMVs while drowsy, tired, or compliance. As explained below in the Qualifications and maximum hours of fatigued. There is evidence that the section entitled ‘‘Supplemental service of employees of, and safety of majority of CMV crashes occur as a Proposal,’’ FMCSA believes the operation and equipment of, a motor result of human error, that human error exemptions authorized in 1998 by carrier; and (2) qualifications and is often the result of inattention or section 4007 of the Transportation maximum hours of service of employees diminished vigilance, and that Equity Act for the 21st Century 6 (TEA– of, and standards of equipment of, a inattention or diminished vigilance can 21)—now codified at 49 U.S.C. 31315(b) motor private carrier, when needed to often be the result of fatigue. Fatigue promote safety of operation’’ (49 U.S.C. relates often to poor sleep quality and/ 5 See the section headed Section-By-Section 31502(b)). This SNPRM is based on the or quantity, and poor sleep quality or Analysis for the discussion about proposed paragraphs § 395.10(e) and (f). agency’s authority to regulate quantity relates often to working 6 Public Law 105–178, 112 Stat. 107, at 401, June ‘‘maximum hours of service of schedules of CMV drivers. To facilitate 9, 1998. employees.’’ Although the proposal enforcement of the HOS requirements,

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the FMCSA requires that motor carriers This provides the motor carrier with a period currently required for paper collect and maintain paper RODS (daily valuable management tool to efficiently supporting documents. logs) prepared by the drivers. Motor dispatch trips within the HOS The FHWA published regulatory carriers have the option of requiring that limitations. guidance in the Federal Register on their drivers use automatic on-board The FMCSA has learned from November 17, 1993 (58 FR 60734, recording devices in lieu of paper daily experience that in order for the motor 60761), and published revised guidance logs. The driver and/or the motor carrier carriers to ensure that drivers are alert on April 4, 1997 (62 FR 16370, 16425), are subject to administrative civil and not fatigued, motor carriers must that provided examples of the types of penalties for failure to make or preserve maintain self-monitoring systems that supporting documents that should be RODS, or for making any false report in compare RODS to supporting retained. Both of these publications connection with RODS. They are also documents. The Federal Highway outlined our position that supporting subject to criminal penalties for such Administration (FHWA) decided to documents are the records of the motor violations. adopt this practice of maintaining carrier maintained in the ordinary The HOS rules were first issued in the ‘‘RODS supporting documents’’ as a part course of business that are used or could late 1930’s (Ex Parte No. MC–2, 3 M.C.C. of its regulatory oversight to assist motor have been used by the motor carrier to 665). Since that time, drivers have had carriers in operating safely. The FHWA verify the information recorded on a the responsibility to prepare RODS. The published a final rule on November 26, driver’s record of duty status, such as original pocket rulebook from 1939 1982 (47 FR 53383) which, in part, the examples provided above. An states that carriers and drivers would be required motor carriers operating in extensive, but not a complete, list of the liable for the accuracy of entries made interstate commerce to retain supporting various types of records considered to by drivers on the RODS. The Interstate documents, along with drivers’ records be supporting documents is provided in Commerce Commission (ICC) explained of duty status, for at least six months this guidance, and it is available on the the original two purposes of the RODS from the date of receipt (49 CFR FMCSA Web site at http:// as follows: 395.8(k)). The FHWA did not define the www.fmcsa.dot.gov/rulesregs/fmcsr/ term ‘‘supporting document’’ in that regs/395reg.htm. (Scroll to Question 10 ‘‘[to allow for] a standardized type of record in the guidance for § 395.8.) to be maintained of the daily driving time final rule. and the weekly hours on duty which would In general, motor carriers use many Motor Carrier Responsibilities be in the possession of each driver and which different types of business records to would enable a highway patrolman or other Regardless of the type of supporting document various business transactions, document system used by the motor enforcement officer to determine such as bills of lading, carrier pro forma immediately upon the stopping of the vehicle carrier, the motor carrier’s responsibility whether the driver had been on duty or was invoices or waybills, credit and debit for compliance with the FMCSRs driving in violation of our regulations. * * * card receipts, customs declarations, remains clear. It is well settled that the [and] to provide a record from which our delivery receipts, dispatch and motor carrier is responsible for, and field representatives could readily determine assignment records, expense vouchers, must police the actions of, its whether or not the carriers are complying freight bills, fuel billing statements, toll employees. This obligation under the with the regulations’’ (24 M.C.C. 413). receipts, weight scale tickets, etc. These FMCSRs was affirmed by the Associate In order to determine whether carriers records, among others, are generated by Administrator for what was then the are complying with the HOS motor carriers, drivers, and independent Office of Motor Carriers (of the Federal regulations, the FMCSA is authorized, contractors (including independent Highway Administration) in In the by 49 U.S.C. 504(c), to inspect and copy owner-operators) for their own business Matter of Horizon Transportation, Inc., any record of a carrier, lessor, or purposes, or they are received from 55 FR 43292 (October 26, 1990) (Final association and to inspect the third parties which include consignors, Order February 12, 1990). A motor equipment of a carrier, or lessor, or consignees, vendors, toll highway carrier’s responsibility for the actions of other person controlling, controlled by, authorities and operators, and other independent contractors and owner or under common control with a carrier, business, regulatory, or law enforcement operators it uses was outlined in In re as long as these actions were made in agencies for a variety of motor carrier R.W. Bozel Transfers, Inc., 58 FR 16918 furtherance of an investigation and purposes. (March 31, 1993) (Final Order August 6, regardless of whether or not the records Motor carriers have been using these 1992); and more recently in In the were required to be maintained by the records not only to document various Matter of Commodity Carriers, Inc., FMCSA regulations or orders. business transactions, but also to verify Docket No. FHWA–97–2393 (Order A third purpose of the RODS is that the accuracy of their drivers’ RODS. Appointing Administrative Law Judge they enable motor carriers, at the time Many motor carriers regularly maintain March 25, 1997) (adopted by the of dispatch, to ensure their drivers have these records for their own internal Associate Administrator on Review, sufficient time to safely complete trips management purposes. This practice, May 27, 1999). Likewise, each motor within the HOS regulations. The over the years, has become a standard carrier must have a system in place that FMCSA believes many motor carriers motor carrier operating procedure allows it to effectively monitor began to realize this purpose in the early among safe motor carriers. While a compliance with the FMCSRs, years of the regulation. paper based supporting documents especially those aimed at driver fatigue, Over the last 60 years, many motor system continues as the primary method a major safety concern (See In re carriers have regularly audited or for testing the accuracy of drivers’ National Retail Transportation, Inc., inspected drivers’ RODS for accuracy to records of duty status, there is a growing Docket No. FHWA–96–6390, document ensure their drivers are complying with use of electronic systems and records by 4 (Final Order: Decision on Review the HOS regulations. This enables the motor carriers that add to a motor September 12, 1996)). motor carriers to verify, through their carrier’s ability to verify drivers’ The United States Court of Appeals own self-monitoring system, that drivers compliance with HOS rules. However, for the Sixth Circuit affirmed in A.D. are accurately reporting their HOS. It the FMCSA has encountered situations Transport Express Inc. v. Federal Motor also allows drivers to calculate their where the carrier often fails to maintain Carrier Safety Administration, 290 F.3d available hours before being dispatched. these electronic records for the 6-month 761 (6th Cir. 2002) that supporting

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documents must be maintained in a Bestway Express had two suggestions, compliance through the payroll system, common sense manner so that FMCSA in addition to its approval of the which, Yellow notes, is also used by special agents can ‘‘verify dates, times, FMCSA’s efforts. One was to develop: investigative personnel during and locations of drivers recorded on the a process that allows self-assessment in compliance reviews. Like many others, RODS.’’ The United States Court of program design for safety management. As an Yellow sees the proposal as expanding Appeals for the District of Columbia industry, and partner with Government, we the burden of collecting many Circuit, in Darrell Andrews Trucking, need these kinds of initiatives as we go unnecessary records, when its present Inc. v. Federal Motor Carrier Safety forward with performance-based standards. systems are adequate to do the job. Administration, 296 F.3d 1120 (D.C. Cir. The approach that you have developed where A few commenters were very 2002), approved FMCSA’s position that a carrier can design a self-monitoring system, concerned that the FMCSA had get pre-determined FMCSA assessment of the term ‘‘supporting document’’ misinterpreted and misapplied the that program, and then can implement their definition of ‘‘burden’’ in 5 CFR encompasses any document that could program is commendable. be used to support the RODS. The D.C. 1320.3(b)(2). They believed that Circuit, in its decision, agreed with the Bestway’s other suggestion was that, collecting many receipts and keeping Sixth Circuit that the FMCSA ‘‘A self-monitoring system, if SafeStat is them for four months as proposed in the requirement for supporting documents the performance standards, is the only 1998 NPRM is not usual and customary to be maintained in a fashion that model to use as a long-range in the motor carrier industry. permits the matching of those records to implementation plan.’’ The NASTC also believed that the The NPGA considered the proposal ‘‘a the original drivers’ RODS is a supporting documents rule should significant step in implementation of reasonable interpretation of 49 CFR provide examples of acceptable carrier electronic document technology into the 395.8(k)(1). In fact, the D.C. Circuit programs that would meet the NPRM’s operations of motor carriers generally.’’ Court concluded that all the FMCSA is requirements. The writer of the In supporting the proposal, the IIHS asking is that carriers refrain from comments described an intricate system noted: destroying the agency’s ability to match of log verification employed by ‘‘one of records with their associated drivers. Although the proposal is less stringent our larger, more sophisticated than authorized by the Act [HMTAA], it is an members.’’ Previous NPRMs on Hours of Service important first step in improving truck driver Their dispatcher only dispatches drivers Supporting Documents and motor carrier compliance with HOS on loads which their hours of service show rules. Any weakening of the proposed rule 1. 1998 Notice of Proposed Rulemaking they can deliver legally. This carrier receives would contravene the intent of the Act its driver’s trip package containing the driver On April 20, 1998, in response to [HMTAA]. prepared record of duty status, toll receipts, section 113 of the HMTAA, the FHWA Twenty-three (23) of the comments bills of lading, and many of the other 30+ published an NPRM (63 FR 19457, RIN expressed their belief that the items named in the proposed regulation. All 2125–AD52, Docket No. FHWA–98– supporting documents NPRM should of the driver logs are reviewed for 3706) requesting comments on a completeness and compliance with the 10, have been deferred until it could be 15, and 70 hour rules. Approximately one proposed definition of ‘‘supporting considered in the context of the overall third of the logs, selected randomly, are documents’’ for the HOS regulations. HOS rules. They believed the current compared to supporting documents to The FHWA proposed that motor carriers HOS rule needs repair before the determine if there has been any falsification. develop and maintain effective auditing supporting documents rule is amended. All log violations are noted and the offending systems that would not have required The National Association of Small drivers are notified by letter. Repeated the retention of supporting documents Trucking Companies (NASTC) violations result in warnings, out of service to monitor the accuracy of the drivers’ commented that carriers generally letters and ultimately termination. RODS. The NPRM proposed that, if a recognize their obligation ‘‘not only to He notes, however, that although the motor carrier fails to have such a ‘trust but to verify’ the [drivers’] logs as system could be reduced to writing for system, the motor carrier would be submitted.’’ It noted that the proposal auditing purposes, the special agent required to retain various types of squarely aimed at ‘‘placing the burden conducting a compliance review would business documents. The use of on the carrier to catch drivers who make not be able to verify all the checking electronic recordkeeping methods was fraudulent log entries,’’ and that ‘‘the done by the record clerk, because the also proposed as a preferred alternative DOT cites over 30 different extrinsic external documents used for that to paper records. documents which typically cross a purpose are not retained centrally, or trucking company’s desk and suggests maybe not at all. Without reasonable Comments to the April 20, 1998 NPRM that some, part, or all of these guidelines, perhaps in the form of We received 41 comments in response documents can be used as an external models or examples of acceptable to the 1998 Supporting Documents check to stop log falsifications.’’ systems or programs, the motor carrier NPRM. Two organizations each Many commenters believed the can never know whether its system submitted two comments that were proposal would impose significant would pass muster. He also observed counted as separate comments. The burdens upon industry by requiring that the proposal fails to deal with respondents represented three advocacy records to be kept that are not now distinctions between system design and groups, two consultants to the industry, required. Many believed few if any system implementation, so that a carrier one labor union, 17 motor carriers, 13 documents are produced for each with an effectively designed system may trade associations including one beginning, intermediate, and end of a be required to start over from scratch motorcoach association, two on-board trip and that those documents that are because a special agent found recorder manufacturers, and one State produced do not have the information shortcomings in the way it was government agency. required by the statute, such as driver’s implemented. Three comments fully supported the name and the vehicle number. In addition, a few comments provided NPRM. They were from Bestway Yellow Corporation’s (Yellow) specific responses to the nine questions Express, Inc., Insurance Institute for comments are indicative of LTL carriers the agency asked primarily related to Highway Safety (IIHS), and the National generally. Yellow operates between internal self-compliance systems. The Propane Gas Association (NPGA). fixed terminals, and manages HOS nine questions asked in the 1998 NPRM

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are reprinted below, along with the standards for any such system. Alabama retention requirement, which, it paraphrased comments of several Power leaned toward a performance believed, is more than adequate for commenters. test, which demonstrates the value of purposes of evaluating compliance. Question (1). What types of self- the system by performance on the Assuming the retention requirement monitoring systems should be highway, i.e., high accident and out-of- includes all supporting records, the considered in addition to the type service rates. ROCOR Transportation company contends a carrier’s proposed in this document? believed the FMCSA special agent ought administrative costs would increase Yellow contended that any software to be able to determine whether a carrier significantly. Alabama Power agreed application that verified RODS through is effectively using a system, and make that, as written, the proposal would comparison with internal documents recommendations accordingly. significantly increase the administrative should be acceptable, and that the Question (5). Are there any other burden of carriers. ROCOR FMCSA should not limit a carrier’s advanced technology systems currently Transportation notes the irony of choice of a self-monitoring system to in use or under development that the suggesting increased burdens at a time any specific application(s). Alabama motor carrier industry may use to when the pressure is on to reduce Power agreed with Yellow so long as the validate HOS or support the RODS? administrative workload. ROCOR would self-monitoring scheme would provide a Alabama Power believed most have preferred reducing the retention reasonable assurance of compliance. advanced systems are cost prohibitive, period to four months, which would be ROCOR Transportation was satisfied especially for utility companies where enough to enable FMCSA special agents with the present system with the driving is a very minor part of their to assess a carrier’s safety posture. possible addition of the existing business. ROCOR Transportation The Georgia Public Service interpretive guidance. acknowledged the industry has started Commission (GPSC) believes the idea of Question (2). Whether and what using satellite technology. reducing the retention time of RODS conditions should be imposed upon Question (6). Should waivers be from six months to four months is motor carriers (such as accident or out considered on a case-by-case basis for unnecessary. It argued that in the of service prevention performance other systems that do not quite meet current downsizing climate of history) before the FMCSA would these requirements, but may have other government, six months is barely authorize a different self-monitoring compensating features that produce enough time to conduct compliance system as an alternative to compliance equivalent safety results? reviews where complaints have been with this proposed rule? Yellow’s position was that the Yellow Corporation stated: ‘‘The only standards must recognize that received and to follow-up on serious conditions that should be considered in differences in operations and practices crashes. It believed reducing the determining if the motor carrier must will mean differences in monitoring retention period to four months would change its self monitoring system programs. Therefore, variances must be result in time restraints that would not should be those directly related to considered on a case-by-case basis. work for the governments because the errors/violations in the RODS or Alabama Power advocates a more open workload of State and Federal repeated violations of HOS.’’ Alabama system that suits each carrier’s needs. compliance review personnel is Power, on the other hand, believed the Question (7). Under what increasing—not decreasing. They FMCSA should consider relative circumstances should the use of such concluded that this would allow many accident and out-of-service rates. alternative systems also operate as a serious complaints and crash Accident and out-of-service rates should substitute for the requirement to prepare investigations to go unfinished, as the be established for determining when and maintain RODS? Demonstration of evidence for substantiating the potential additional monitoring is necessary. the effective use of a system, in whole violations would have been discarded ROCOR Transportation was satisfied or in part, for verification should by the motor carriers. They suggested with the current system. obviate any necessity to further examine this issue is best left alone since most Question (3). Whether motor carriers the information produced by the system carriers and Congress are comfortable seeking additional authorization should by enforcement personnel. with the six-month time frame. have some established safety record Yellow preferred criteria that would Question (9). Would we enhance with the FMCSA or other State or local accurately capture the hours and be enforcement and prosecution efforts enforcement agencies? verifiable to a particular driver through with the longer retention requirement This question apparently caused some a failsafe means, e.g., a code or (e.g., the ability to adequately enforce confusion as Yellow Corporation electronic signature. However, the the rules, collect evidence for a criminal answered as though the agency were company believed ‘‘(o)nly when all case, prepare the case, and successfully asking about expanded operating parties requiring HOS information have prosecute drivers or motor carriers for authority, and believed the FMCSA the most advanced technology can deliberately or recklessly violating HOS should conduct a compliance audit of alternative systems fully replace the restrictions)? any carrier seeking to expand its current requirement.’’ Alabama Power Neither Yellow nor Alabama Power operation by more than 20 percent. would permit any normal timekeeping sees any benefit in longer retention Alabama Power believed that carriers or system when ‘‘the nature of a carrier’s requirements. industries with established good safety or industry’s business limits the FMCSA’s Response to the Comments on records should be exempted from all or exposure to public safety,’’ and the the 1998 Supporting Documents part of the HOS regulations. carrier or industry has an adequate Proposal Question (4). What must happen commercial motor vehicle safety record. before the FMCSA should disallow the Question (8). What impact would a The FMCSA agreed with those use of a self-monitoring system or an six-month or longer record retention commenters who wanted to merge the alternative system? requirement have on the Federal supporting documents proposal into the As noted above, Yellow believed that government, State governments, and HOS rule. The agency was under a the system should not be blamed for motor carriers? legislative mandate to issue the NPRM failure of individuals to comply, and Yellow was firmly opposed to any on supporting documents, and used the that the FMCSA should establish expansion of the present six-month opportunity to gather useful opinions

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about a more systematic approach to rulemaking based on comments to the inspection, verification, and monitoring HOS. 1998 NPRM recommending that the maintenance system to verify the The FMCSA was attentive to the supporting documents rule be accuracy of the times and locations of comments concerning the considered in the broader context of a each driver for every working day on administrative burdens resulting from complete revision of the Hours of each trip, as well as mileage for each what some thought was a prescriptive Service rules. In the May 2000 NPRM, trip. The self-monitoring system alternative. The FMCSA believes the the FMCSA attempted to go further than proposed by this rule is not a self- NPRM may not have been clear. Many the 1998 supporting documents NPRM compliance system as proposed in the commenters seem to have either by proposing basic changes to both the 1998 NPRM. Rather, the FMCSA misunderstood the options in the HOS and the means to verify clarifies and strengthens in regulatory original proposal, or, more likely, feared compliance. The 2000 proposal language the Agency’s implied intent too much discretion on the part of addressed the issues raised by those that all carriers must establish a RODS special agents, in determining the commenters who believed the 1998 and supporting document self- effectiveness of any alternate system. supporting documents proposal invited monitoring system to verify accuracy of This was particularly evident in the a ‘‘one size fits all’’ approach. The May HOS and RODS. extensive comments of the NASTC. 2000 proposal focused on those FMCSA has decided to address the NASTC’s comments described a carrier operations involving long or regional self-compliance systems referred to in program that would definitely have trips away from a home base with little section 113(b)(4) and (b)(5) of the satisfied a requirement for an effective carrier supervision of, contact with, or HMTAA by allowing motor carriers to system, but the writer was apprehensive control over the driver. The FMCSA apply for exemptions under 49 CFR part about the possibility that such a model proposed to minimize the paperwork 381, subpart C (§§ 381.300 through program (although it was entirely a burden for all other operations and, 381.330). Although the HMTAA uses paper system) could be thwarted by a whenever possible, to accept records the term ‘‘waiver,’’ FMCSA believes the finding by a special agent that some that are required by other Federal section 113(b)(5) provision allowing a element was lacking. agencies, notably the Department of waiver is equivalent to the exemption The actual intent of the proposal was Labor’s Wage and Hour Division. The provision under section 4007 of the captured much more accurately in the FMCSA stated that this approach would Transportation Equity Act for the 21st comments of Bestway, the NPGA and be consistent with the requirements of Century (TEA–21) (codified at 49 U.S.C. the IIHS. The FMCSA attempted to section 113 of the HMTAA. 31315(b)), as distinct from the TEA–21 convert what, to some, appeared to be waiver provision codified at 49 U.S.C. a very prescriptive statutory Comments to the May 2, 2000 NPRM 31315(a)(1). This is because section requirement into a rule that could Because of the new approach taken in 31315(a)(1) limits the duration of provide an alternative to reliance on the May 2000 NPRM, there were very waivers to a period ‘‘not in excess of paperwork. There still appears to be a few comments that specifically three months.’’ Thus, FMCSA believes pervasive reluctance on the part of addressed supporting documents. that allowing a carrier to apply for industry to employ technology to verify Instead commenters focused on the regulatory relief in the form of an compliance with HOS rules. The agency overall approach, stating that they found exemption, rather than a waiver, would understands that certain segments of the it confusing and that it would be hard best serve the industry’s interests and for-hire motor carrier industry do not to enforce. comport with Congress’ intent. favor the FHWA’s and FMCSA’s IT The FMCSA is currently studying and Supplemental Proposal system joint program encouraging the developing standards required for an installation and use of such satellite Today’s SNPRM incorporates and electronic on-board recorders (EOBR) technologies for IT purposes, and at the supercedes both the April 20, 1998, system. See the September 1, 2004, same time, permitting FMCSA special supporting document NPRM and the advance notice of proposed rulemaking agents the use of the same technology supporting documents portion of the (69 FR 53386) requesting public devices to assist in discovering May 2, 2000, Hours of Service NPRM. comments about EOBRs by November violations of HOS regulations. On the Because of the original delay in issuing 30, 2004. It continues to define the other hand, there is a great deal of an HOS Final Rule based on the May minimum set of data elements necessary anxiety about increasing administrative 2000 NPRM and FMCSA’s to allow safety enforcement personnel to burdens by requiring more verifying responsibility to issue regulations based determine compliance with the hours of records to be kept and maintained. on section 113 of the HMTAA, the service requirements in part 395 of the With respect to the retention period, FMCSA is issuing an SNPRM that is Federal Motor Carrier Safety the GPSC has persuaded the FMCSA based on the proposed rules from the Regulations. The FMCSA will continue that six months worth of records is April 1998 NPRM but also adds entirely to study the feasibility, and cost and needed for proper reviewing by Federal new language. Today’s proposal benefits of internal self-compliance and State officials of a driver’s and addresses self-monitoring systems, systems and currently has several carrier’s compliance with the rules and records of duty status, and supporting workgroups studying and reviewing for crash investigations. The FMCSA documents for use in monitoring and electronic systems and their has decided to retain the six-month enforcing the HOS (including minimum capabilities. requirement in this SNPRM. hours off duty, rest, and work) of CMV In this SNPRM, the FMCSA adopts drivers. the position that the use of electronic- 2.2000 Notice of Proposed Rulemaking Agency case law, as noted above based record keeping methods in a The April 20, 1998, NPRM was under Motor Carrier Responsibilities, supporting documents system is superseded by the May 2, 2000, Hours interprets the FMCSRs to require motor preferred over traditional paper records. of Service NPRM (65 FR 25540, RIN carriers to establish commonsense self- The FMCSA proposes to allow motor 2126–AA23) [Docket No. FMCSA–97– monitoring systems to verify the carriers to use electronic, laser or 2350; formerly FHWA–97–2350 and accuracy of drivers’ HOS and RODS. automated technology, (e.g. global MC–96–28]. The supporting documents This rule would explicitly require the positioning systems (GPS), automatic proposal was incorporated into the 2000 motor carrier to have a systematic vehicle identifier transponders,

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electronic bills of lading used by The general rule as to what type of document’’ system using traditional customs officials in the United States document falls into the category of paper or one using electronic-based (U.S.) and other countries, and state ‘‘supporting documents’’ was outlined supporting documents), the motor driver-vehicle inspection reports using by the Administrative Law Judge Burton carrier must be able to verify drivers’ pen-based computer systems) in S. Kolko in National Retail HOS and the accuracy of the duty report conjunction with paper supporting Transportation in 1993 (In re National categories (on duty, driving, sleeper documents as long as the electronic Retail Transportation, Inc., FHWA–96– berth, off duty, time reporting for duty supporting documents are retained for 6390, document 3 (July 20, 1993)). In each day, time released from duty each the same period as applies to paper 1996, the Associate Administrator for day, and the total number of hours on supporting documents, are equally Motor Carriers subsequently affirmed duty each day) recorded by drivers on accessible and reviewable by special and adopted Judge Kolko’s holding that their RODS. The FMCSA believes that agents as are their paper counterparts, ‘‘supporting documents’’ are those most carriers already produce, or could and can be produced, within 48 hours documents which pass through the produce with relative ease, a document of demand, in hard copy. This position carrier’s hands in the normal course of to verify the time and place of the driver is in keeping with the requirements of business and which could be used to and, as required by regulation, the the Paperwork Reduction Act of 1995 verify the information recorded on a vehicle mileage at the beginning and that the FMCSA eliminate duplication driver’s RODS (In re National Retail end of each workday. Various other in record keeping and reduce the Transportation, Inc., FHWA–96–6390, supporting documents may be obtained information collection burden on motor document 4 (September 12, 1996)). A during the trip, such as dispatch carriers. However, this SNPRM does not similar definition is found within the records, bills of lading, daily call-in lose sight of the preeminent duty placed HMTAA (Pub. L. 103–311, 108 Stat. records, shipping and receiving upon the Department of Transportation 1673 (August 26, 1994)). invoices, toll receipts, automatic vehicle and the FMCSA by Congress to reduce In order to achieve the FMCSA’s goal identifier transponder records, and a crashes and fatalities, and to make the of carrier compliance with the FMCSRs variety of other receipts containing highways a safer method of travel. by effectively monitoring HOS, the verifiable dates, times, and locations motor carrier must be able to accurately that can be identified with a specific Discussion of Specific Requirements determine, for each trip and for each driver. FMCSA considers it the motor To satisfy the legislative mandate, the day of the driver’s trip, the location of carrier’s responsibility to determine the driver and the corresponding times FMCSA is proposing to (1) add what supporting documents are that the driver was at those locations. To definitions for the terms ‘‘supporting available to the driver and motor carrier do so, a supporting document (whether document’’, ‘‘employee’’, and ‘‘driver’’ that could be used to verify the accuracy it is paper or electronic based) must be to § 395.2; (2) add a section entitled, of RODS and HOS and to ensure that verifiable. ‘‘§ 395.10 Systematic verification and any electronic or mechanical means to record retention’’; (3) modify the record Motor Carrier Self-Monitoring Systems reference date, time and location in the retention requirements in §§ 390.29 and production of these documents is Considering the Congressional activated. The motor carrier must then 390.31; and (4) clarify the motor mandate in section 113(b)(4) of the collect, use, and maintain those carrier’s responsibility to monitor HMTAA and current state-of-the-art documents. drivers’ compliance with the HOS and electronic technology, the FMCSA verify the accuracy of the drivers’ continues to study, evaluate, and Collection and Retention of Supporting RODS. develop standards for design and use of Documents Definition of Supporting Documents electronic data in establishing self- The FMCSA believes all drivers, compliance systems. The current whether on the company payroll or an The FMCSA is proposing in § 395.2 to technology permits motor carriers to owner-operator, have a current add the statutory definition of maintain a dual system of electronic regulatory obligation to comply with the supporting documents as provided by tracking and paper supporting HOS and RODS requirements, and to Congress in the HMTAA, with the documents. cooperate with their motor carrier addition of clarifying language and a list This rule would explicitly require the employers by collecting and submitting of examples. The proposed list is only motor carrier to have a self-monitoring the supporting documents needed to a sampling of the types of documents system to verify the accuracy of the verify compliance with the rules. The that the FMCSA believes could support driver’s times and locations for each FMCSA is clarifying in § 395.10(d)(2) the HOS and be used to verify the working day on each trip, as well as that drivers must submit supporting accuracy of RODS, when used either by mileage for each trip. Under § 395.8(d) documents to the motor carrier at the themselves or with other documents. and (f)(4), drivers already are required to time the corresponding record of duty The FMCSA is also proposing to clarify record their total miles driving each status is submitted. that for the purpose of part 395 workday. The ‘‘self-monitoring system’’ The FMCSA would also clarify that definitions of ‘‘employee’’ and ‘‘driver’’ in this rulemaking differs from the ‘‘self- motor carriers are currently required to are the same as defined in § 390.5. Thus compliance system’’ mentioned in the retain all ‘‘supporting documents’’ that all commercial motor vehicle drivers HMTAA and the 1998 NPRM. This rule all drivers (including independent (including independent contractors) are strengthens and clarifies the FMCSA’s contractors) receive during a trip. This considered to be employees of the motor long-standing position that motor retention requirement applies no matter carrier for the purposes of receiving, carriers must actively monitor and how the carrier pays drivers for these accepting, and submitting to the motor verify drivers’ HOS and RODS. trips. The FMCSA imposes this carrier any document defined as a The FMCSA requires motor carriers to requirement on the motor carrier under supporting document while performing be responsible for establishing and whose authority the driver is performing a transportation function. The FMCSA using a system to verify the accuracy of transportation services. Documents reaffirms in this notice that the term RODS and drivers’ HOS. Regardless of passing through the hands of leased ‘‘independent contractor’’ includes an the type of system used by the motor drivers would be passing through the owner-operator. carrier (whether a ‘‘supporting hands of the motor carrier because

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drivers are the employees and by the motor carriers that perform the The FHWA had a retention period of representatives of the motor carrier for transportation service. Additionally, it three years. The FHWA removed the purposes of the FMCSRs during the is clear that it was Congress’ intent to reporting requirement on December 15, course of the transportation service facilitate Federal and State enforcement 1967 (32 FR 17941). The ICC and the provided. This conclusion is consistent efforts to document violations of the Surface Transportation Board never with the decisions in the National Retail HOS regulations. removed the retention period from its Transportation cases discussed above The FMCSA’s enforcement personnel preservation of records list. Based upon and the FMCSRs, and would resolve the have experienced difficulties in the savings clause in the ICC confusion created by two separate obtaining supporting documents for trip Termination Act of 1995, the FHWA administrative cases: (1) In re Ace Doran lease arrangements between motor transferred the former ICC’s Hauling & Rigging Co., Final Order carriers and owner-operators. Senator preservation of records lists to the Under 49 CFR 385.15, February 24, 2000 Exon, the legislation’s sponsor, FHWA regulations on June 21, 1997 (62 (see FMCSA–2000–6997, document 4); discussed the need for this provision FR 32040). This action provided the and In the Matter of Ace Doran Hauling during the floor debate preceding final initial appearance of a conflict between & Rigging Co., FMCSA–2000–6997 passage of the HMTAA. He explained parts 379 and 395 with respect to HOS (Order, July 11, 2000) (see also Order on that ‘‘reports that auditors have been supporting data and HOS supporting Reconsideration and Final Order with forced to retrieve documents from documents. Regard to Civil Penalties (February 8, garbage dumpsters or play hide-and- The proposal in this document in no 2001) and Order Vacating Order on seek with firms that have a history of way involves ‘‘reporting’’ data similar to Reconsideration and Final Order With habitual HOS violations give rise to the the former report Form BMC 60. This Regard to Civil Penalties (May 10, need for this provision.’’ Further, proposal only relates to motor carrier 2001)). In In the Matter of Spears Senator Exon stated that ‘‘the object of recordkeeping requirements and a motor Transfer & Expediting, Inc., FMCSA– this provision is to help make the roads carrier’s comparison of its own records 2001–9110, document 5 (Decision On safer by giving enforcement personnel to the driver’s records of duty status. Petition For Safety Rating Review, April the ability to catch flagrant abusers. It is The Office of Management and Budget’s 26, 2002), FMCSA held that toll receipts not designed to create a trap for drivers (OMB) regulations in 5 CFR 1320.3(m) and other supporting documents who receive, for example, a pre-stamped identifying the definitions of a passing through the hands of a motor toll receipt or to unfairly punish drivers ‘‘recordkeeping requirement’’ explain carrier’s drivers are considered to be in for a de minimus deviation from the that a report is different than the the possession of a carrier, even if not current rules.’’ See 140 Cong. Rec. retention of a record, notification of the forwarded to carrier management. S11323 (daily ed. August 11, 1994). existence of records, and disclosure of records. The FMCSA believes a report is FMCSA expressly stated that it was The legislation sets a record retention a document submitted directly to the overruling any finding in the Ace Doran period of at least six months. The safety rating appeal inconsistent with FMCSA, as was Form BMC 60 until FMCSA believes that this requirement December 15, 1967. In part 379, the Spears decision. However, the was based upon Congress’ intent to have Spears decision did not overrule Ace Appendix A, item K.2.’s reference to supporting documents maintained for hours of service data, therefore, does not Doran in its entirety, because the Spears an identical period as the time required case involved company drivers rather have any actual effect upon this for duty status record retention, which proposal and therefore, the FMCSA than leased operators. This rule, when is also six months. The FMCSA has proposes to delete item K.2. from adopted, would complete the process of received a few telephone inquiries Appendix A for these reasons. overruling the February 24, 2000, Order regarding the retention period for in Ace Doran by clarifying that the ‘‘Supporting Data for Reports and Ability To Transfer Paper Supporting obligation to retain supporting Statistics; Supporting data for periodical Documents That Contain a Signature to documents extends to both independent reports of * * * hours of service, * * *, Automated, Electronic, or Laser contractors and company drivers. In etc.’’ identified in 49 CFR part 379, Technology Formats doing so, the rule incorporates the long- Appendix A, Item K.2. The FMCSA proposes to allow motor standing definition of employee in 49 This retention period relates to an old carriers to transfer supporting CFR 390.5, which states than an FHWA monthly report acquired from documents to electronic or laser employee ‘‘includes a driver of a the ICC in 1966. The FHWA required technology systems. Currently, commercial motor vehicle (including an the report until December 15, 1967. The § 390.31(d) allows all records to be independent contractor while in the FHWA had required every motor carrier, maintained in computer technology course of operating a commercial motor other than a private carrier of property, format, except those documents vehicle)***’’ to report on a Form BMC 60 ‘‘every containing signatures. The Senate report accompanying the instance during the calendar month Under this proposal, all supporting HMTAA discussed those situations covered thereby in which a driver documents, including those requiring a where a motor carrier leases the service employed or used by it has been signature, would be eligible for of drivers, such as independent required or permitted to be on duty, or retention in electronic, laser or other contractors, owner-operators, or fleet- to drive or operate a motor vehicle in automated format, so long as the motor broker drivers employed by other motor excess of the hours * * *.’’ Class I carrier can produce an accurate, legible, carriers. S. Rep. No. 217, 103d Cong., 1st motor carriers of passengers and Classes and unaltered printed copy of the Sess. 1640 (1994). The report noted that I and II motor carriers of property also original supporting document within 48 documentation of a leased driver’s duty had to file the same Form BMC 60 hours of demand. The FMCSA is status was frequently not obtained and report ‘‘for every calendar month in therefore proposing a conforming retained by the motor carrier using the which no driver employed or used by it amendment to § 390.31(d). Automated, driver. This report also stated that it was has been required or permitted to be on electronic, or laser technology systems the intent of the HMTAA to ensure that duty, or to drive or operate a motor that transmit information or a report supporting documents, generated by vehicle in excess of the hours * * *.’’ directly to the driver or the motor such business arrangements, be retained See 32 FR 7128, May 11, 1967. carrier would also be acceptable.

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However, the FMCSA is also proposing system demonstrate it effectively provide a reasonable amount of time for a requirement that automatic, electronic, complies with the HOS rules. The documents to be sent via overnight mail. or laser technology systems must be FMCSA will consider a motor carrier’s Furthermore, most business operations capable of reproducing the information request to be exempt from the with electronic transfer capabilities stored in such systems for inspection at supporting document requirements could probably produce information in the motor carrier’s place of business. under 49 CFR part 381. The FMCSA a shorter period. will base its decision on the carrier’s Motor Carrier’s Discretion To Use Retention Period HOS compliance as shown by the Technology With Paper Supporting compliance review and the specific The FMCSA is proposing that all Documents request the carrier submits. supporting documents, whether in The FMCSA is also proposing to The FMCSA also is interested in electronic or paper format, be retained allow motor carriers to use electronic, comments from suppliers and for the entire retention period. In this laser or automated technology, (e.g., technology developers concerning the proposal, the term ‘‘all supporting GPS, automatic vehicle identifier possibility of integrating various documents’’ means all documents, transponders, electronic bills of lading existing electronic data systems, such as whether electronic or paper, that can be used by customs officials in the U.S. NorPass and PrePass, to assist motor used to verify the driver’s RODS and and other countries, and State driver- carriers interested in developing time record entries for any particular vehicle inspection reports prepared by supporting-document information trip. These documents must be capable using pen-based computer systems) systems in lieu of paper documents. If of being matched by a special agent of with paper supporting documents to technologically feasible, such the FMCSA or other authorized allow the motor carrier to reduce the alternative systems could reduce burden representative or a Federal, State, local, retention of some paper documents. by allowing carriers, FMCSA, and State or tribal government to the original However, the electronic data that can be and local enforcement agencies to check drivers’ RODS. In addition, supporting used for verification of RODS must be HOS compliance remotely. The documents may be required to be kept maintained for 6 months. clearinghouse model may be relevant to for longer periods based upon other The FMCSA would accept the data this concept. The International Federal, State, or local laws, rules, or supplied by these technologies as Registration Plan, for example, uses a orders (e.g., Internal Revenue Service alternatives to supporting documents, if clearinghouse to apportion motor carrier rules). The FMCSA is proposing that the motor carrier can produce a legible, registration fees (paid to the base State) these supporting documents must be unaltered, printed copy of the required among States in which registered kept for six months after receipt by the information at its principal place of vehicles have been driven. motor carrier, unless a longer period of business or other location. In the latter The FMCSA would be particularly time is required by another authority case, production would be required interested in supporting-document (see proposed §§ 395.8(k) and within 48 hours after a request has been information systems that could cull out 395.10(h)). made. The FMCSA would allow motor dates, times, locations, drivers, and carriers to use any intelligent vehicle-specific information. The latter Appendix B to Part 385, Explanation of transportation system, developed now technology could enable motor carriers Safety Rating Process or in the future, in the manner and to and FMCSA to redact confidential, Section VII of Appendix B to part 385 the extent it is effective, for HOS and proprietary, and private information lists critical and acute regulations, RODS verification. (such as consignee and consignor which play an important role in The FMCSA’s use of supporting names, routes, and rates) that may be assigning a safety rating. The document information obtained from reviewed or audited by law enforcement descriptions of section 395.8(i) in this electronic, laser, or automated officials but should not enter the public section of the appendix would be technologies would be limited to the domain. updated to conform to the requirements specific purpose of compliance with Location of Records of the SNPRM. New descriptions for the hours of service limits. The FMCSA clarifications provided at § 395.10 believes the only information it would Under the proposed changes to would also be added, to allow the need from these systems would be date, § 390.29, motor carriers could retain agency to accurately update the safety time, location, driver, and vehicle their time records, RODS and rating process on the effective date of specific information. The FMCSA supporting documents at a location of the final rule. The FMCSA asks the would not use the information for any their choice. However, the location public to comment on whether these other purpose. The FMCSA proposes would have to be suitable for preserving regulatory citations are appropriate or that all confidential, proprietary, and the records so that they would not be different citations should be used, and private information would be redacted damaged or lost. In addition, a motor whether the citations should be by the agency before the agency would carrier must be able to produce such ‘‘critical’’ or ‘‘acute’’ violations. place the hours of service supporting records at its principal place of business information in publicly accessible within 48 hours of a request by an Regulatory Impact Analysis locations. This means that the agency authorized enforcement official if those This SNPRM imposes no new would redact such things as consignees records are kept at a location other than regulations and therefore imposes no and consignor names, routes, rates, and the principal place of business. new costs or benefits. The purpose of other proprietary information from any Otherwise, records kept at the principal this SNPRM is to bring existing rules records it has acquired for enforcement place of business must be produced into conformity with directions given by purposes before placing the information upon demand and without unreasonable Congress and to remove any potential in public dockets or other places that delay. This request for documents can for misunderstanding of the rules by the public may have general access. be made by telephone, fax, mail, or by motor carriers or enforcement The FMCSA may allow a motor other means. Saturdays, Sundays and personnel. carrier to refrain from keeping all holidays would be excluded from the As a result of past misunderstandings, supporting documents when the agency computation of the 48-hour period of some motor carriers and drivers do not finds a carrier’s HOS compliance and its time. This 48-hour period would believe the November 26, 1982, final

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rule applies to them. They would now compliance would be $14.2 million per It would be most desirable if the incur costs which they should have year. As explained in the Regulatory FMCSA could directly compute the incurred with the promulgation of the Evaluation in the docket, in order for decrease in highway accidents and 1982 rule. The FMCSA has estimated this proposal to be cost-effective, it fatalities as a function of easier those costs and puts them in the context would have to deter an estimated 228 enforcement of HOS rules. Certainly, of the benefits necessary to make this crashes, including 2.3 fatal crashes. such a function exists in a probabilistic proposal cost-effective. FMCSA seeks comment and data sense, but knowing or estimating that whether its 25 percent estimate is Cost-effectiveness occurs when the function would require experimentation correct. benefits from a proposal equal or exceed in the real world, costing real lives. the costs. In this case, that is the cost- Benefits Therefore, the agency presents the effectiveness of clarifying the rule The direct benefits of this rule are reduction in accidents necessary to versus ignoring the misinterpretations. better conformity with the instructions make this rule cost-effective. Given Congressional direction and an of Congress, better clarity, and more The FMCSA knows from previous internal desire for clarity, consistency, even and thorough enforcement of HOS studies that accidents occur roughly in and fairness, ignoring the regulations. Enforcement is only a proportion, with fatalities being the misinterpretations is not an option. A shadow benefit of the real benefit rarest and property-damage-only (PDO) meaningful reality check and sought, which is safer roadways. being the most common. The agency has perspective will be obtained by going Conformity and clarity are desirable, not found anything in this SNPRM to through the calculations. For this intangible qualities that do not lend suggest that it would affect one severity analysis, FMCSA assumes that 25 themselves to straightforward category differently from any other, so percent of drivers and owner-operators quantification; therefore we do not the agency assumes that those are not in compliance with the existing estimate a tangible value for these proportions would be unaltered. regulation. The cost to bring them into benefits.

TABLE 1.—NUMBER OF CRASHES AND COSTS IN 2000, BY SEVERITY

PDO Injury Fatal Total

Crashes 7 ...... 338,000 96,000 4,917 438,917 Percentage ...... 77% 22% 1% 100% Cost per Crash 8 ...... $5,026 $100,382 $3,650,810 7 FMCSA, ‘‘Large Truck Crash Facts 2000,’’ Tables 13 through 18. 2002. 8 Zaloshnja, Eduard, Ted Miller, and Rebecca Spicer (National Technical Information Service, Springfield, VA) Costs of Large Truck- and Bus- Involved Crashes, October 2000. (Inflated to 2002 dollars.)

Keeping the ratio constant, averting documents that could be used to verify 300,000 owner-operators.9 The FMCSA one accident involving a fatality also their RODS. Recognizing that no two believes that most of these owner- averts 22 accidents with injuries and 77 trips are the same regarding the amount operators are complying with these accidents with PDO. Therefore, a of documentation produced, the FMCSA provisions. If only 75 percent of owner- measure that averts one fatal accident used standard figures to approximate operators are currently collecting and results in total savings of approximately the central tendency of costs. The retaining the required supporting $6,246,216 from the 100 total accidents FMCSA assumes that ten pieces of documents, 75,000 (0.25 times 300,000) avoided. Even if these costs were information would need to be kept from are not. This translates into an annual considered new costs, the rule would each full day of travel. The agency compliance cost of $12.4 million only have to avert 228 accidents (75,000 times $165). estimates that it would take annually to be cost-beneficial, of which Owner-operators would also have to approximately 15 seconds to write the about 2.3 would involve a fatality, 50.2 perform the administrative tasks of would involve an injury, and 175.5 necessary information on each filing, maintaining, periodically would involve PDO. Multiplying these document. Assuming 250 full workdays deleting, and, if inspected, retrieving the values by the corresponding values from in a year, this totals 625 minutes, or supporting documents. This whole Table 1 yields $14.3 million in savings 10.42 hours, per driver per year. Using process would take between 1 and 2 from reducing the accident rate. Bureau of Labor Statistics (BLS) data on hours annually, depending on many ‘‘Median Weekly Earnings’’ from the factors. The agency uses a proxy of one Costs Occupational Employment and Wages and a half hours and the same wage rate While the FMCSA does not believe Estimates data for 1999 and 2000, the (since this calculation would come out this SNPRM would impose any costs agency estimates average truck driver’s of driving for owner-operators). This because all of its requirements are wages of $15.82 per hour (including a amounts to just under another $1.8 already required, the FMCSA has 20 percent increase to account for million, for a total of $14.2 million. prepared the following analysis to show employee fringe benefits). Annualized, Motor carriers must have a self- the effects on those not complying with this is $165 per driver affected. monitoring system in place. This system the current rule. Their costs should be should explain how they use supporting attributed to existing rules, even if, due The FMCSA assumes that this cost is documents (and other means) to ensure to misunderstanding, they only begin imposed only on owner-operators not assuming those costs after this complying correctly with the current 9 Francine LaFontaine, Incentive Contracting in clarification. rule. According to Professor Francine Practice: A Detailed Look at Owner Operator Leases LaFontaine of the University of in the U.S. Truckload Trucking Industry, Working Drivers whose records have not been Paper, June 2000, available at http:// retained would have to place identifying Michigan, there are approximately webuser.bus.umich.edu/Departments/BusEcon/ information on all supporting research/wp.lafontaine.2000.06.06.html.

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that their drivers comply with the HOS a significant threat to the public safety.’’ Saturdays, Sundays, and Federal regulations. Since this is not a new S. Rpt. 98–424, page 7. holidays from the computation of the requirement, it would not impose any Independent owner-operators’ 48-hour period of time. additional costs to motor carriers. employment status and inclusion in the MCSA has continually posed unique Section 390.31 Copies of Records or Section-by-Section Analysis problems for owner-operators to Documents Part 379, Appendix A, Row K.2 understand their responsibilities and The FMCSA proposes to revise unique problems for FMCSA’s paragraph (d) to incorporate guidance As discussed above in the section enforcement of the regulations. Based that was published allowing automated, headed ‘‘Collection and Retention of on these continuing problems, the electronic, or laser technology systems Supporting Documents,’’ the FMCSA FMCSA proposes to add the phrase to store copies of records or documents proposes to amend appendix A to 49 ‘‘and an owner-operator’’ after the provided the motor carrier can produce CFR part 379 to remove the phrase phrase ‘‘independent contractor.’’ The an accurate, legible, and unaltered ‘‘hours of service,’’ from item K.2. This Congressional intent was that term printed copy of the required data and would remove an obsolete reference to ‘‘independent contractor’’ would provided that alternate means for a report that has not been required since substitute for the term owner-operators, signature verification are available. If December 15, 1967. however, many owner-operators and the FMCSA adopts this proposed Part 385, Appendix B, Section VII motor carriers may have forgotten this paragraph, the two interpretations history. Adding the phrase after the published on April 4, 1997 (62 FR As discussed above in the section phrase ‘‘independent contractor’’ should 16730) on page 16408, column three for headed ‘‘Appendix B to Part 385 ensure motor carriers and drivers § 390.31 would become obsolete and Explanation of Safety Rating Process,’’ understand that the MCSA’s generic unnecessary. the FMCSA proposes to revise the term ‘‘employee’’ used by the FMCSA Section 395.1 Scope of the Rules in citation for § 395.8(i) and to add includes owner-operators. The FMCSA This Part citations for § 395.10(a), (e), and (f) to also wants to restate that using the term the section VII list of acute and critical ‘‘employee’’ continues the FMCSA’s and The FMCSA proposes to move the regulations. These citations play an Congressional intent that the term does introductory phrase of § 395.8(a) to important role in assigning a safety not affect the interpretation of the § 395.1(p). The FHWA moved the three rating. The description for § 395.8(i) is Internal Revenue Service as to the status exceptions and exemptions contained in being updated to conform to the of independent contractors under the the CFR before August 31, 1992 at requirements of this SNPRM. New tax laws. §§ 395.8(k)(2) Retention of driver’s record of duty status, 395.8(l)(1) 100 air- descriptions for paragraphs § 395.10(a), Section 390.29 Location of Records (e), and (f) are also being added to allow and Documents mile radius, and 395.8(l)(2) Hawaiian the agency to accurately update the driver’s records of duty status to § 395.1 safety rating process on the effective The FMCSA proposes to amend on July 30, 1992 (57 FR 33638, at date of a subsequent final rule. paragraph (b) by requiring the 33645). The FMCSA intends to move immediate production of records and the exception for private motor carrier Section 390.5 Definitions documents that a motor carrier of passengers (nonbusiness) and its maintains at each principal place of The FMCSA proposes to amend the drivers to § 395.1 to list the various business. The current requirement is exceptions and exemptions in one definition of the term ‘‘employee’’ silent as to when a motor carrier must originally adopted from the Motor convenient location at the front of part produce records and documents that a 395. Carrier Safety Act of 1984, Pub. L. 98– motor carrier maintains at each 554, Oct. 30, 1984, Sec. 204(2), 98 Stat. principal place of business. Motor Section 395.2 Definitions 2829, 2833 (MCSA) (now codified at 49 carriers have attempted to stall FMCSA The FMCSA proposes to revise the U.S.C. 31132(2)). ‘‘The Committee special agents from conducting introductory phrase of § 395.2 to ensure emphasize[d] that its inclusion of unannounced or short notice on-site that the public knows that all independent contractors under the investigations at the principal place of definitions used in Part 395 that are not definition of employee is for the business generally providing the reason separately defined in this section are purpose of [the MCSA] only; the that § 390.29(b) allows them to produce defined in § 390.5. Committee [did] not intend that this records for up to 48 hours after a definition be construed as affecting the demand is made. The FMCSA never Section 395.8 Records of Duty Status interpretation of the Internal Revenue intended to allow such practices. The As discussed above under the section- Service as to the status of independent proposal would make clear that all by-section subheading ‘‘§ 395.1 Scope contractors under the tax laws.’’ records and documents which are of the rules in this part,’’ the FMCSA ‘‘Independent owner-operators’’ maintained at the principal place of proposes to revise the introductory employment status posed a unique business where an investigation is phrase of paragraph (a) to move the problem to the [Congressional] drafters’ occurring must be produced upon exception for private motor carriers of of the MCSA. ‘‘An independent owner- demand by a special agent of the passengers (nonbusiness) and their operator owns his own truck and drives FMCSA or other authorized drivers to § 395.1(p). it. He also may own several other trucks representative of a Federal, State, local, The FMCSA proposes to revise and have several drivers working for or tribal government. paragraph (d)(3) to include coach and him. There is no question that the Paragraph (b)(2) would continue to bus vehicle numbers to be included on commercial motor vehicles he drives allow records and documents that motor the record of duty status. and his driving should be subject to the carriers maintain at their regional offices Paragraph (i) would revise the current same safety rules as other commercial or driver work-reporting locations to be requirement to include that motor motor vehicles on the highway. All made available for inspection within 48 carriers and drivers must collect commercial motor vehicles if hours after a demand is made. The supporting documents along with the improperly maintained or operated pose FMCSA would continue to exclude records of duty status. The FMCSA

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intends that the use of the term inaccurate log. However, whether or not significant number of HOS violations or ‘‘systematically’’ in this section and there is a match, the carrier passes the false RODS. subsequent sections would have the RODS on to Level Two. Paragraph (d) proposes to clarify that ordinary common-sense definition to Level Two: The carrier compares the motor carrier’s drivers must retain mean a methodical procedure that is RODS with any and all receipts that are all supporting documents that come into marked by thoroughness and regularity. in the driver’s trip envelope for that trip. the possession of the driver in the The FMCSA proposes paragraph (k) This includes purchase receipts, tolls, ordinary course of the driving operation. would revise the current requirement to scales, and any other dated supporting This would include all independent include that motor carriers and drivers documents. contractors and owner operators as must retain systematically supporting Level Three: The carrier audits the discussed above. In addition, the documents and the records of duty RODS by using ‘‘point-to-point’’ mileage FMCSA would clarify that the driver status. software to check the miles and hours must provide the supporting documents and the paper or automatic records of Section 395.10 Systematic Verification driven for accuracy. duty status to authorized enforcement and Record Retention In addition to the three-level approach above, the carrier also uses officials of Federal, State or local This proposed new section would information from all moving violations, government upon request or demand as clarify existing requirements that have accident reports, roadside inspections, well as to the motor carrier. been implied by the FMCSA and its and motorist complaints to check the The FMCSA proposes in paragraph (e) predecessors and upheld by the D.C. accuracy of driver’s RODS. to clarify the motor carrier’s and driver’s and Sixth Circuit Courts. responsibilities to identify supporting Using this three-level approach, the First, the FMCSA would clarify that documents and the paper or automatic carrier approaches a 100 percent check every motor carrier must systematically record of duty status they support. In of all RODS for falsification. In other and effectively monitor its drivers’ addition, the regulation would include words, their goal is 100 percent with the hours of service and the accuracy of the clarifying the responsibility that motor rare instance where there is not enough information contained on drivers’ carriers and drivers must not obscure or supporting documents for one trip to records of duty status by comparing deface other information contained in accurately verify the RODS. paper records of duty status, automatic the supporting document. The on-board recording device records, or Paragraph (b) would clarify that the responsibility that motor carriers and GPS records with information contained FMCSA would measure the motor drivers must not obscure or deface other in supporting documents. Supporting carrier’s compliance against a certain information contained in the supporting documents could include third-party level to determine its effectiveness. The document comes from 49 U.S.C. 521. records, including State weight or toll level where FMCSA currently The FMCSA proposes that the receipts or transponder records determines whether too many false identification system may include maintained on behalf of States by records and non-compliance exists is legibly adding the driver’s full name, providers such as PrePass or NorPass. whether an FMCSA special agent finds date, and vehicle number, if those items The motor carrier’s required monitoring 10 percent or greater drivers’ records to do not already appear on the document. procedure would be methodical, be false or in violation. The FMCSA The FMCSA, however, is not requiring thorough, and regular. The procedure may use any supporting documents or the carrier or driver add such must allow an FMCSA special agent to other evidence, whether or not in the information to cross-reference the verify drivers’ records using the motor carrier’s possession, to determine documents. The current implication in supporting documents. the validity of the drivers’ paper or the rules is only that a means to cross- In addition to the system employed by automatic records of duty status and the reference the documents is necessary. one of NASTC’s larger, more effectiveness of the motor carrier’s Thus, a carrier may use a different sophisticated members that was supporting document monitoring system to cross reference supporting described above in the discussion of system. The FMCSA, however, may documents to RODS. comments to the NPRM, the FMCSA limit its special agents’ use of records Paragraph (f) also proposes to clarify believes the following example would that the motor carrier does not possess the motor carrier’s responsibility to also be a best practice for what the or could not have possessed, at the identify additional supporting agency is seeking to attain by this FMCSA’s discretion. documents that it receives from any proposal to require systematic and The FMCSA proposes in paragraph (c) source, but that the driver probably does effective monitoring to ensure drivers that it would clarify that the motor not receive. This would include comply with the Federal HOS. carrier would be required to begin to documents generated by the carrier and An Indiana-based motor carrier uses a systematically use effective supporting documents from both carrier and third- system that combines electronic documents that FMCSA believes to be party electronic systems (e.g., GPS technology and paper supporting more effective to verify the accuracy of reports, on-board computer records, documents for determining driver the hours of service and paper or transponder reports, and scanned or compliance with HOS requirements. automatic records of duty status, if the electronically mailed documents). This carrier’s system consists of a three agency determines the motor carrier’s Various toll authorities are allowing (3) level false RODS checking system. monitoring is ineffective in verifying the carriers to pay tolls using transponders Level One: The first level of the drivers’ compliance with the hours of for which the carrier may get periodic analysis uses an electronic interface service and the accuracy of the paper or reports of use or charges that the with the fuel billing system automatic records of duty status. In FMCSA would consider to be automatically comparing all fuel addition, the FMCSA believes it is supporting documents. In addition, purchases and cash advances—by date important to note that the phrase electronic-mail messages have become and time—with each driver’s daily ‘‘verifying the drivers’ compliance with widely used between drivers and motor RODS. The system looks for ‘‘on duty the hours of service’’ as is currently carriers. These messages have references not driving’’ time which coincides with interpreted would include that the to dates, times, or locations, which must the particular fuel purchase or cash agency would determine that a carrier’s remain activated, and must be kept in a advance. A non-match may indicate an system is ineffective if the carrier has a manner that permits matching of

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records to the driver’s RODS. Motor January 1, 1983, the effective date of the 5. Identification of duplication, carriers should recognize, however, that November 26, 1982, final rule, and overlap, and conflict with other rules such records are not in the public responsible motor carriers have and regulations; and domain, and exert appropriate privacy collected and retained all such 6. A description of significant controls. documents both in the ordinary course alternatives to the rule. of business and for purposes of The FMCSA proposes in paragraph (g) Initial Regulatory Flexibility Analysis to restate the current requirement that regulatory compliance. This rule would motor carriers must provide RODS and explicitly require motor carriers to have 1. Description of Reasons Action Is supporting documents to any duly systematic means to inspect, verify, and Being Taken authorized Federal, State or local maintain drivers’ HOS and RODS; more The purpose of the proposal is to government enforcement official upon clearly would define who must collect bring existing rules into conformity with request or demand as is required and retain supporting documents; and directions given by Congress and to currently, and would continue to be would explain how supporting remove any potential for required, under §§ 390.29, 390.31, and documents are to be collected, where misunderstanding of the rules by motor 395.8(k). they must be kept, and for how long. carriers or enforcement personnel. As a Finally, the FMCSA proposes in This rulemaking action would not create result of past misunderstanding, some paragraph (h) to clarify that the a serious inconsistency with any other motor carriers and drivers did not violations of these clarified rules would agency’s action or materially alter the believe the rule applied to them. They be considered failures of the motor budgetary impact of any entitlements, would now incur costs which they carrier’s and driver’s responsibilities to grants, user fees, or loan programs. The should have incurred with the passage FMCSA discussed the regulatory impact verify and maintain records of duty of the rule on November 26, 1982 (47 FR analysis earlier in this document under status and supporting documents. The 53383). FMCSA proposes such violations would the heading Regulatory Impact Analysis. This SNPRM would clarify existing include civil and criminal penalties Evaluation of the information collection requirements that have been implied by under 49 U.S.C. 521 for such violations costs of this proposed rule is described the FMCSA and its predecessors and as: fully below in the Paperwork Reduction upheld by the D.C. and Sixth Circuit (1) Failure to prevent a driver from Act section. Courts as discussed above. The SNPRM falsifying his records of duty status; Regulatory Flexibility Act would clarify decisions in the National (2) Failure to prevent alteration of Retail Transportation cases discussed supporting documents; In compliance with the Regulatory Flexibility Act (5 U.S.C. 601–612), the above, and would resolve the confusion (3) Alteration of supporting created by two separate administrative documents which changes their agency has evaluated the effects of this rulemaking on small entities. The cases: (1) In re Ace Doran Hauling & accuracy; Rigging Co., Final Order Under 49 CFR (4) Failure to prevent a driver from Regulatory Flexibility Act requires Federal agencies to analyze the impact 385.15, February 24, 2000 (see FMCSA– exceeding the hours-of-service; and 2000–6997, document 4); and In the (5) Failure to have an effective system of rulemakings on small entities, unless the Agency certifies that the rule will Matter of Ace Doran Hauling & Rigging to verify and maintain records of duty Co., FMCSA–2000–6997 (Order, July 11, status and supporting documents. not have a significant economic impact on a substantial number of small 2000) (see also Order on Rulemaking Analyses and Notices entities. This proposal does not impose Reconsideration and Final Order with Regard to Civil Penalties (February 8, Executive Order 12866 (Regulatory any costs on the public and therefore does not impose any costs upon small 2001) and Order Vacating Order on Planning and Review) and DOT Reconsideration and Final Order With Regulatory Policies and Procedures entities. FMCSA, however, has prepared an Initial Regulatory Flexibility Regard to Civil Penalties (May 10, The FMCSA has determined that this Analysis because of the considerable 2001)). In the Matter of Spears Transfer document does not contain an public interest in this proposal to show & Expediting, Inc., FMCSA–2001–9110, economically significant regulatory the negligible potential economic document 5 (Decision On Petition For action under Executive Order 12866. impact it would have on small entities Safety Rating Review, April 26, 2002), The FMCSA has estimated that this domiciled in the United States. We FMCSA held that toll receipts and other rulemaking would have an annual performed the analysis in the broadest supporting documents passing through economic impact on the motor carrier possible terms by counting all the costs the hands of a motor carrier’s drivers are industry of less than $100 million. The that small entities might begin to bear as considered to be in the possession of a proposal is significant under Executive a result of this clarification, even if carrier, even if not forwarded to carrier Order 12866 because of substantial those costs should have been borne by management. FMCSA expressly stated public interest. The proposal has been them all along. that it was overruling any finding in the reviewed by OMB. This Initial Regulatory Flexibility Ace Doran safety rating appeal The FMCSA has determined this Analysis must include the following inconsistent with the Spears decision. regulatory action is significant under the elements: However, the Spears decision did not regulatory policies and procedures of 1. A description of reasons why action overrule Ace Doran in its entirety, the DOT because of the high level of is being considered; because the Spears case involved interest concerning motor carrier safety 2. The objectives of, and legal basis company drivers rather than leased issues expressed by Congress, motor for, the rule; operators. This proposal, when adopted, carriers, their drivers and other 3. A description and estimated would complete the process of employees, State governments, safety number of small entities regulated and overruling the February 24, 2000, Order advocates, and members of the traveling domiciled in the United States; in Ace Doran by clarifying that the public. 4. A description and estimate of obligation to retain supporting As discussed below, current FMCSA compliance requirements including documents extends to both independent regulations have required the retention differences in cost, if any, for different contractors and company drivers. In of all supporting documents since groups of small entities; doing so, the proposal incorporates the

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long-standing definition of employee in that use CMV drivers. It is difficult to SBA threshold of $6 million for 49 CFR 390.5, which states than an determine exactly how many small passenger carriers). employee ‘‘includes a driver of a entities would be affected by this Because the FMCSA does not have commercial motor vehicle (including an proposal, partly because it is unknown annual sales data on private carriers, it independent contractor while in the how many motor carriers were unaware assumes the revenue and operational course of operating a commercial motor that the existing rule applies to them characteristics of private motor carriers vehicle) * * *’’ and partly because it is not known year- are generally similar to those of for-hire to-year how many small entities on 2. Objectives and Legal Basis motor carriers. Regardless of which of average would use CMV drivers. the above percentages is used (99, 94, or The objective for this action is to However, as of June 2004, there were 96 percent), FMCSA estimates that over improve both (A) compliance by 650,000 U.S.-domiciled motor carriers 600,000 of the approximately 650,000 commercial motor vehicle (CMV) on the FMCSA’s Motor Carrier total motor carriers in the MCMIS drivers and motor carriers with the HOS Management Information System Census File meet the definition of small requirements, and (B) the effectiveness (MCMIS) census file. This includes both businesses. and efficiency of Federal and State for-hire and private motor carriers Although these small entities would enforcement officers reviewing such domiciled in the United States. The have to keep records verifying all of Small Business Administration (SBA) compliance. As noted above, the legal their employees’ status regarding the defines small businesses in the motor basis for this rule is section 113 of the HOS, there is no additional carrier industry based on thresholds for Hazardous Materials Transportation administrative cost borne by most of average annual revenues, below which Authorization Act of 1994, Pub. L. 103– them because they already have to SBA considers a motor carrier small. For 311, 108 Stat. 1673 (August 26, 1994). maintain those records under the trucking companies, the threshold is current system. Of the three hundred 3. Description and Estimated Number of $21.5 million in annual sales, while for thousand (300,000) owner-operators, Small Entities Regulated and Domiciled motorcoach and related industries the some unknown number are not in in the United States threshold is $6 million in annual sales. compliance due to misinterpretation of The main cost generating element of Data from the 1997 Economic Census this proposal is to bring all owner- (U.S. Census Bureau), North American the rule. Now they would incur the operators into compliance with the Industrial Classification System recordkeeping costs they should have record keeping requirements of the (NAICS) Code 4841, ‘‘General Freight incurred since January 1, 1983, which hours-of-service regulations. We assume Trucking,’’ indicates that 99 percent of are the same as the costs that other 25 percent of approximately 300,000 ‘‘general freight’’ trucking firms had less motor carriers have been bearing. existing owner-operators are not in than $25 million in annual sales in 1997 The FMCSA believes that all the costs compliance with the existing (which most closely corresponds to the of this proposal would be borne by regulations for cost estimation purposes. SBA threshold of $21.5 million for owner-operators who were required to Owner-operators are acting as either motor carriers). In the case of passenger bear them all along but were unaware of drivers or motor carriers. (or motorcoach) carriers, the 1997 that fact. Economic Census, NAICS Code 4855, Data from the 1997 Economic Census, 4. Description and Estimate of ‘‘Charter Bus Industry,’’ indicates that NAICS Code 4841 (General Freight Compliance Requirements 94 percent of charter bus firms had less Trucking) and NAICS Code 4855 This proposal would apply to those than $5 million in annual sales in 1997 (Charter Bus Industry) are contained in small entities regulated by the FMCSA (which most closely corresponds to the the tables 2 and 3.

TABLE 2.—AVERAGE ANNUAL REVENUES OF SMALL TRUCKING FIRMS [NAICS Code 4841, General Freight Trucking]

Compliance costs Number of firms Average annual per driver ($165 Revenue size (percent of revenues per firm per driver), as segment total) (Millions) percent of annual revenues per firm

Less than $25 million ...... *27,609 1.33 0.0124 *99 percent of segment total.

TABLE 3.—AVERAGE ANNUAL REVENUES OF SMALL PASSENGER CARRIERS [NAICS Code 4855, Charter Bus Industry]

Compliance costs Number of firms Average annual per driver ($165 Revenue size (percent of revenues per firm per driver), as segment total) (Millions) percent of annual revenues per firm

Less than $5 million ...... *1,022 0.98 0.0168 *94 percent of segment total.

Since we do not have sufficient we provide reasonable bounds of one costs range from 0.0124 percent and information to estimate the distribution employee per firm to 30 employees per 0.372 percent of annual revenues. These of the number of drivers per small firm, firm. Between these boundaries, the bounds overestimate the effect on the

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larger motor carriers because they the market or force firms from the wrongly assumed that their employers generally have more than the average industry. were the ones required to maintain the revenue for firms in this size category. There are other potentially affected supporting documents for six months. Even at 0.372 percent of annual industries, listed in Table 4. They are These are listed for completeness only, revenues (i.e. $4,950 for a firm with 30 less directly affected than the two listed as we do not expect many affected small drivers), this rule is clearly not above, but still may include some firms entities in any of these industries. imposing a cost burden that would alter employing owner-operators who

TABLE 4.—OTHER POTENTIALLY AFFECTED INDUSTRIES

NAICS code Alphabetic keywords 2002 NAICS short title

1112 ...... ‘‘Truck farming, field, bedding plant and seed production’’ ... Other Vegetable (except Potato) and Melon Farming. 2389 ...... ‘‘Aerial or picker truck, construction, rental with operator’’ ... Site Preparation Contractors. 4251 ...... Fuel oil truck jobbers ...... Wholesale Trade Agents and Brokers. 4842 ...... ‘‘Trucking used household, office, or institutional furniture Used Household and Office Goods and equipment’’. Moving. 4852 ...... ‘‘Bus line operation, intercity’’ ...... Interurban and Rural Bus Transpor- tation. 4854 ...... ‘‘Bus operation, school and employee’’ ...... School and Employee Bus Transpor- tation. 4871 ...... ‘‘Buses, scenic and sightseeing operation’’ ...... ‘‘Scenic and Sightseeing Transpor- tation, Land’’. 5621 ...... Dump trucking of rubble or brush with collection or disposal Other Waste Collection. 7223 ...... Ice cream truck vendors ...... Mobile Food Services.

5. Compliance Requirements of the Rule FMCSA welcomes comments on these that it relates to the currently-approved or other possible alternatives and their information collection covered by OMB Although these small entities would impacts on small entities. Control No. 2126–0001, entitled ‘‘Hours- have to keep records verifying all of of-Service of Drivers Regulations.’’ Unfunded Mandates Reform Act of their employees’ hours-of-service status, Information Collection 2126–0001, with 1995 there is no additional administrative an annual burden of 160,376,492 hours, cost borne by most of them because they This proposed rule would not impose expires on April 30, 2006. already have to maintain those records a Federal mandate resulting in the This SNPRM intends to clarify each under the current system. Some portion expenditure by State, local, and tribal motor carrier’s hour-of-service and of the 300,000 owner-operators would governments, in the aggregate, or by the records of duty status responsibilities now have to incur some additional cost private sector, of $120.7 million or more under the current regulations. The related to providing motor carriers in any one year (in 2003 dollars) (2 FMCSA has preliminarily determined supporting documents that the owner- U.S.C. 1531 et seq.). The FMCSA that this proposal would not result in an operators previously maintained for tax believes the total projected cost of this increase in the existing information reporting and other business expense proposal is $14.2 million per year and collection burden. However, the agency purposes. that the cost would be borne solely by requests public comment on this The FMCSA believes that all the costs owner-operators. State and local determination. The OMB currently of this proposal would be borne by governments may see a reduction in approves this information collection as owner-operators who failed to comply enforcement costs, but FMCSA has not follows: with our current regulations. These quantified this because it is not clear OMB Control Number: 2126–0001. owner-operators would require no whether they would seek the same Title: Hours of Service of Drivers special technical or professional skills enforcement level at a lower cost or Regulations. beyond what they already possess. more enforcement at the same cost. For Respondents: 1,538,503,200 (motor 6. A Description of Significant the purposes of this analysis, the agency carriers, CMV drivers). Alternatives to the Rule assumed the latter. The FMCSA requests Estimated Annual Hour Burden for additional comments whether this the Information Collection: 160,376,492. As explained above, this rule would should be considered a Federal mandate Estimated Annual Cost to have minimal impact on small resulting in the expenditure by State, Respondents: $63,306,510 (4,220,434 businesses. Any alternatives would be local, and tribal governments, in the drivers employing logbooks × $15 per likely to increase the costs rather than aggregate, or by the private sector, of year per driver). decrease them since ignoring the $120.7 million or more in any one year. Interested parties are invited to send misunderstanding is not a permissible comments regarding any aspect of these option. For example, changing the Paperwork Reduction Act information collection requirements, reporting system so that records are kept Under the Paperwork Reduction Act including, but not limited to: electronically would be likely to impose of 1995 (PRA) (44 U.S.C. 3501 et seq.), (1) Whether the collection of high initial costs and small maintenance Federal agencies must obtain approval information is necessary for the and power costs. Reducing the length of from the OMB for each collection of performance of the functions of the records retention would reduce costs, information they conduct, sponsor, or FMCSA, including whether the but only slightly. Short retention require through regulations. An analysis information has practical utility, (2) the periods would restrict the special of this Supplemental Notice of Proposed accuracy of the estimated burden, (3) agent’s ability to identify patterns that Rulemaking has been made by the ways to enhance the quality, utility, and indicate unsafe practices. FMCSA, and it has been determined clarity of the collected information, and

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(4) ways to minimize the collection carriers. This action merely establishes have taking implications under burden without reducing the quality of standards for hours-of-service Executive Order 12630, Governmental the information collected. supporting document entries on records Actions and Interference with If you submit copies of your of duty status for motor carriers, agents, Constitutionally Protected Property comments to the Office of Management officers, representatives, and CMV Rights. and Budget concerning the information drivers. Executive Order 13132 (Federalism) collection requirements of this We seek comment on these document, your comments to OMB will determinations. This proposed action has been be most useful if received at OMB by analyzed in accordance with the December 3, 2004. You should mail, Executive Order 13211 (Energy Supply, principles and criteria contained in hand deliver, or fax a copy of your Distribution, or Use) Executive Order 13132, dated August 4, comments to: Attention: Desk Officer for We have analyzed this proposed 1999, and it has been determined that it the Department of Transportation, action under Executive Order 13211, would not have significant Federalism Docket Library, Office of Information Actions Concerning Regulations That implications or limit the policymaking and Regulatory Affairs, Office of Significantly Affect Energy Supply, discretion of the States. Management and Budget, Room 10102, Distribution, or Use. The agency has Executive Order 12372 725 17th Street, NW., Washington, DC determined preliminarily that this (Intergovernmental Review) 20503, fax: (202) 395–6566. proposed action would not significantly The regulations implementing National Environmental Policy Act affect the supply, distribution, or use of energy. Executive Order 12372 regarding The agency analyzed this intergovernmental consultation on supplemental proposed rule for the Executive Order 13045 (Protection of Federal programs and activities do not purpose of the National Environmental Children) apply to this program. Policy Act of 1969 (NEPA) (42 U.S.C. We have analyzed this proposed List of Subjects 4321 et seq.) and determined under our action under Executive Order 13045, environmental procedures Order 5610.1, Protection of Children from 49 CFR Part 379 published March 1, 2004 (69 FR 9680), Environmental Health Risks and Safety that this action is categorically excluded Freight forwarders, Maritime carriers, Risks. This proposed rule is not an Motor carriers, Moving of household (CE) under Appendix 2, paragraph economically significant rule and does 6.y.(7) of the Order from further goods, Reporting and recordkeeping not concern an environmental risk to requirements. environmental documentation. That CE health or safety that may relates to establishing regulations and disproportionately affect children. 49 CFR Part 381 actions taken pursuant to the Motor carriers. regulations concerning prohibitions on Executive Order 12898 (Federal Actions motor carriers, agents, officers, To Address Environmental Justice in 49 CFR Part 385 representatives, and employees from Minority Populations and Low income Populations) Administrative practice and making fraudulent or intentionally false procedure, Highway safety, Mexico, statements on any application, The FMCSA evaluated the Motor carriers, Motor vehicle safety, certificate, report, or record. In addition, environmental effects of the proposed Reporting and recordkeeping the agency believes that the action action and alternatives in accordance requirements. includes no extraordinary with Executive Order 12898 and circumstances that would have any determined that there were no 49 CFR Part 390 effect on the quality of the environment. environmental justice issues associated Highway safety, Intermodal Thus, the action does not require an with revising the supporting documents transportation, Motor carriers, Motor environmental assessment or an for records of duty status for the hours- vehicle safety, Reporting and environmental impact statement. of-service regulations. Environmental recordkeeping requirements. We have also analyzed this proposed justice issues would be raised if there rule under the Clean Air Act, as were ‘‘disproportionate’’ and ‘‘high and 49 CFR Part 395 amended (CAA) section 176(c), (42 adverse impact’’ on minority or low- Highway safety, Motor carriers, U.S.C. 7401 et seq.) and implementing income populations. FMCSA analyzed Reporting and recordkeeping regulations promulgated by the the demographic makeup of the trucking requirements. Environmental Protection Agency. industry potentially affected by the In consideration of the foregoing, the Approval of this action is exempt from proposal and determined that there was FMCSA proposes to amend 49 CFR the CAA’s General conformity no disproportionate impact on minority parts 379, 381, 385, 390, and 395, as set requirement since it involves policy or low-income populations. forth below: development and civil enforcement activities, such as, investigations, Executive Order 12988 (Civil Justice PART 379—PRESERVATION OF inspections, examinations, and the Reform) RECORDS training of law enforcement personnel. This proposed action meets See 40 CFR 93.153(c)(2). It would not applicable standards in sections 3(a) 1. The authority citation for part 379 result in any emissions increase nor and 3(b)(2) of Executive Order 12988, continues to read as follows: would it have any potential to result in Civil Justice Reform, to minimize Authority: 49 U.S.C. 13301, 14122 and emissions that are above the general litigation, eliminate ambiguity, and 14123; and 49 CFR 1.73. conformity rule’s de minimis emission reduce burden. Appendix A to Part 379—[Amended] threshold levels. Moreover, it is reasonably foreseeable that the rule Executive Order 12630 (Taking of 2. Amend Appendix A to 49 CFR part would not increase total CMV mileage, Private Property) 379 by removing the phrase ‘‘hours of change the routing of CMVs, how CMVs This proposed rule would not affect a service,’’ from item K.2. operate, or the CMV fleet-mix of motor taking of private property or otherwise * * * * *

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PART 381—WAIVERS, EXEMPTIONS, § 390.5 Definitions. carrier can produce an accurate, legible, AND PILOT PROGRAMS * * * * * and unaltered printed copy of the Employee means any individual, required data; and provided that 3. The authority citation for part 381 other than an employer, who is alternate means for signature is revised to read as follows: employed by an employer and who in verification are available. Authority: 49 U.S.C. 31136(e) and 31135; the course of his or her employment sec. 113(b)(4) and (5) of Pub. L. 103–311, 108 directly affects commercial motor PART 395—HOURS OF SERVICE OF Stat. 1677; and 49 CFR 1.73. vehicle safety. Such term includes a DRIVERS driver of a commercial motor vehicle PART 385—SAFETY FITNESS 10. The authority citation for part 395 (including an independent contractor continues to read as follows: PROCEDURES and an owner-operator while in the course of operating a commercial motor Authority: 49 U.S.C. 504, 14122, 31133, 4. The authority citation for part 385 31136, and 31502; sec. 113, Pub. L. 103–311, continues to read as follows: vehicle), a mechanic, and a freight 108 Stat. 1673, 1676; and 49 CFR 1.73. handler. Such term does not include an Authority: 49 U.S.C. 113, 504, 521(b), employee of the United States, any 11. Amend § 395.1 by revising 5105(e), 5109, 5113, 13901–13905, 31136, State, any political subdivision of a paragraph (a)(1) and adding a new 31144, 31148, and 31502; Sec. 350 of Pub. L. paragraph (p) to read as follows: 107–87; and 49 CFR 1.73. State, or any agency established under a compact between States and approved § 395.1 Scope of rules in this part. 5. Amend section VII in Appendix B by the Congress of the United States to part 385 by revising the citation and (a) General. (1) The rules in this part who is acting within the course of such apply to all motor carriers and drivers, text for § 395.8(i) and adding citations employment. This definition does not and text for § 395.10(a), (e), and (f), in except as provided in paragraphs (b) affect the status of a driver as an through (p) of this section. alphanumerical order, to read as independent contractor or employee * * * * * follows: under United States Department of the (p) Private motor carriers of Treasury, Internal Revenue Service Appendix B to Part 385—Explanation passengers (nonbusiness). The interpretations of the tax laws or in any of Safety Rating Process provisions of § 395.8 do not apply to a other context beyond this subchapter. * * * * * private motor carrier of passengers * * * * * (nonbusiness) or its drivers. VII. List of Acute and Critical Regulations 8. Revise § 390.29(b) to read as 12. Amend § 395.2 by revising the * * * * * follows: introductory text and adding the § 395.8(i) Failing to require driver to § 390.29 Location of records and definition of ‘‘Supporting document,’’ forward within 13 days of completion, the documents. alphabetically, to read as follows: original of the record of duty status and all * * * * * § 395.2 Definitions. supporting documents (critical). (b)(1) All records and documents Words or phrases used in this part are * * * * * required by this subchapter which are defined in § 390.5 of this subchapter, maintained at the principal place of except as provided in this section— § 395.10(a) Failing to verify the accuracy of business must be produced upon paper records of duty status or automatic demand by a special agent of the * * * * * on-board recording device records by Supporting document means any Federal Motor Carrier Safety comparing their information with the document that is generated or received Administration or other authorized information contained within each by a motor carrier or commercial motor representative of a Federal, State, local, supporting document (critical). vehicle driver in the normal course of or tribal government. § 395.10(e) Failing to systematically (2) All records and documents business that could be used, as identify each supporting document and the required by this subchapter which are produced or with additional identifying paper or automatic record of duty status it maintained at a regional office or driver information, to verify the accuracy of a supports (critical). work-reporting location must be made driver’s record of duty status. For the purposes of this definition, any § 395.10(f) Failing to maintain each available for inspection, upon demand supporting document in a manner that by a special agent of the Federal Motor document includes, but is not limited to permits the matching of the record to the Carrier Safety Administration or other any record or document, either written original driver’s record of duty status authorized representative of a Federal, or electronic, that is available (critical). State, local, or tribal government at the individually or in combination with * * * * * motor carrier’s principal place of other records or documents, to provide business or other location specified by a date, time, or location to verify the PART 390—FEDERAL MOTOR the special agent or other authorized accuracy of a driver’s record of duty CARRIER SAFETY REGULATIONS; representative within 48 hours after a status. Examples of supporting GENERAL demand is made. Saturdays, Sundays, documents include: accident/incident and Federal holidays are excluded from reports, bills of lading, border crossing 6. The authority citation for part 390 reports, carrier pro forma invoices (pros continues to read as follows: the computation of the 48-hour period of time. or waybills), cash advance receipts, Authority: 49 U.S.C. 508, 13301, 13902, 9. Revise § 390.31(d) to read as credit card receipts and statements, 31133, 31136, 31502, 31504, and sec. 204, follows: customs declarations, delivery receipts, Pub. L. 104–88, 109 Stat. 803, 941 (49 U.S.C. dispatch/assignment records, driver 701 note); sec. 114, Pub. L. 103–311, 108 Stat. § 390.31 Copies of records or documents. reports (facsimile or call-in logs), 1673, 1677; sec. 217, Pub. L. 106–159, 113 * * * * * expense vouchers, freight bills, fuel Stat. 1748, 1767; and 49 CFR 1.73. (d) Exception. All records may be billing statements, fuel receipts, gate 7. Amend § 390.5 by revising the maintained through the use of receipts, global positioning reports, definition of the term ‘‘employee’’ to automated, electronic, or laser inspection reports, invoices, interchange read as follows: technology systems provided the motor reports, International Registration Plan

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receipts, International Fuel Tax regular employing motor carrier within government determines a motor carrier’s Agreement receipts, lessor settlement 13 days following the completion of the systematic monitoring is ineffective in sheets, lodging receipts, lumper form. verifying the drivers’ compliance with receipts, on-board computer reports, * * * * * the hours of service and the accuracy of over/short and damage reports, (k) Retention of driver’s record of duty the paper or automatic records of duty overweight/oversize reports and status. (1) Each motor carrier must status, the FMCSA may require the citations, port of entry receipts, systematically maintain records of duty carrier to begin to systematically use telephone billing statements, toll status and all associated supporting supporting documents that FMCSA receipts, traffic citations, transponder documents for each driver it uses for a believes are effective to verify the reports, trip permits, trip reports, period of six months from the date of accuracy of the hours of service and waybills, weight/scale tickets, and other receipt. paper or automatic records of duty transportation and payroll-related (2) The driver must systematically status. documents. retain a copy of each record of duty (d) Every motor carrier must require * * * * * status and all associated supporting every driver to retain, and every driver 13. Amend § 395.8 by adding documents for the previous seven must retain, all supporting documents introductory text and revising consecutive days in his or her containing references to date, time, or paragraphs (a), (d)(3), (i), and (k) to read possession and make it available for location, that come into the possession as follows: inspection while on duty. of the driver in the ordinary course of * * * * * the driving operation. The driver must § 395.8 Driver’s record of duty status. 14. Add § 395.10 to read as follows: provide the supporting documents and Subject to the exceptions and the paper or automatic records of duty exemptions in § 395.1: § 395.10 Systematic verification and status: record retention. (a) Every motor carrier must require (1) To any duly authorized every driver used by the motor carrier (a) Every motor carrier must enforcement official of Federal, State or to systematically and effectively record, systematically and effectively monitor local government upon request or inspect, verify, and maintain, records of its driver’s hours of service and the demand; and all hours of service by duty status for accuracy of the information contained (2) To the motor carrier at the time the each 24-hour period using the methods on the driver’s record of duty status by driver submits the corresponding record prescribed in either paragraph (a)(1) or comparing paper records of duty status, of duty status to the motor carrier as (2) of this section: as required by § 395.8, or automatic on- required by the motor carrier or (1) Every driver who operates a board recording device records, as § 395.8(i) of this part. commercial motor vehicle must record required by § 395.15, with information (e) The motor carrier and the driver his/her duty status on paper, in contained within supporting must identify each supporting duplicate, for each 24-hour period. The documents. Each system must enable a document and the paper or automatic duty status time must be recorded on a special agent of the Federal Motor record of duty status it supports. A specified paper grid, as shown in Carrier Safety Administration or other motor carrier and a driver must not paragraph (g) of this section. The grid authorized representative of a Federal, obscure or deface other information and the requirements of paragraph (d) of State, local, or tribal government to contained in the supporting document. verify the drivers’ paper records of duty this section may be combined with any An identification system may include status or automatic on-board recording company forms. The previously legibly adding the driver’s full name, device records using the supporting approved format of the Daily Log, Form date, and vehicle number, if those items documents. MCS–59 or the Multi-day Log, MCS–139 do not already appear on the document. (b) A special agent of the Federal (f) The motor carrier must identify and 139A, which meets the Motor Carrier Safety Administration or each supporting document whether requirements of this section, may other authorized representative of a received from the driver or from any continue to be used; or Federal, State, local, or tribal other source including carrier-generated (2) Every driver who operates a government may deem a motor carrier’s documents and electronic systems (i.e., commercial motor vehicle must record system to be effective only when the global positioning reports, on-board his/her duty status by using an special agent or other authorized computer, transponder reports, scanned, automatic on-board recording device representative finds fewer than 10 or electronically-mailed documents), that meets the requirements of § 395.15 percent of the drivers’ paper records of ensure that any electronic or mechanical of this part. The requirements of § 395.8 duty status or automatic on-board means to reference date, time and paragraphs (e) and (k)(1) and (2) of this recording device records are false. A location in the production of these section also apply. special agent of the Federal Motor documents is activated, and maintain * * * * * Carrier Safety Administration or other those documents in a manner that (d) * * * authorized representative of a Federal, permits the matching of those records to (3) Vehicle number(s) (Coach, bus, State, local, or tribal government may the original driver’s record of duty truck, tractor, and trailer number(s)); use any supporting documents or other status. * * * * * evidence, whether or not in the motor (g) Supporting documents must be (i) Collecting and filing driver’s paper carrier’s possession, to determine the provided to any duly authorized records of duty status and supporting validity of the drivers’ paper or enforcement official of Federal, State or documents. Each motor carrier must automatic records of duty status and the local government upon request or systematically collect drivers’ records of effectiveness of the motor carrier’s demand along with the corresponding duty status and associated supporting supporting document based monitoring records of duty status as required in documents for each driver it uses. The system. §§ 390.29, 390.31, and 395.8(k) of this driver must systematically collect and (c) If a special agent of the Federal subchapter. submit or forward by mail the original Motor Carrier Safety Administration or (h) A motor carrier and a driver may driver’s record of duty status and all other authorized representative of a be subject to civil or criminal penalties associated supporting documents to the Federal, State, local, or tribal under 49 U.S.C. 521 for:

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(1) A failure by the motor carrier to failure to prevent a driver from maintain records of duty status and prevent a driver from falsifying his exceeding the hours-of-service; supporting documents. records of duty status; failure to prevent (2) A driver’s falsification of a record Issued on: October 21, 2004. alteration of supporting documents; of duty status or alteration of supporting documents which changes their Annette M. Sandberg, alteration of supporting documents Administrator. which changes their accuracy; or the accuracy; and (3) A failure by the motor carrier to [FR Doc. 04–24176 Filed 11–2–04; 8:45 am] have an effective system to verify and BILLING CODE 4910–EX–P

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Notices Federal Register Vol. 69, No. 212

Wednesday, November 3, 2004

This section of the FEDERAL REGISTER All comments will be summarized DEPARTMENT OF AGRICULTURE contains documents other than rules or and included in the request for Office of proposed rules that are applicable to the Management and Budget approval of the Forest Service public. Notices of hearings and investigations, information collection. All comments committee meetings, agency decisions and Newspapers To Be Used for will become a matter of public record. rulings, delegations of authority, filing of Publication of Legal Notice of petitions and applications and agency FOR FURTHER INFORMATION CONTACT: Appealable Decisions Under 36 CFR statements of organization and functions are Alan Rich, (703) 305–2109. Part 217 and Corrections Under 36 examples of documents appearing in this CFR Part 215 and 36 CFR Part 218 for section. SUPPLEMENTARY INFORMATION: the Southern Region; Alabama, Title: Report of Coupon Issuance and Kentucky, Georgia, Tennessee, DEPARTMENT OF AGRICULTURE Commodity Distribution for Disaster Florida, Louisiana, Mississippi, Relief. Virginia, West Virginia, Arkansas, Food and Nutrition Service OMB Number: 0584–0037. Oklahoma, North Carolina, South Carolina, Texas, and Puerto Rico Agency Information Collection Expiration Date: February 28, 2005. Activities: Proposed Collection; Type of Request: Extension of a AGENCY: Forest Service, USDA. Comment Request—Report of Coupon currently approved collection. ACTION: Notice and correction. Issuance and Commodity Distribution Abstract: Food distribution in disaster for Disaster Relief SUMMARY: Deciding Officers in the situations is authorized under Section Southern Region will publish notice of AGENCY: Food and Nutrition Service, 32 of the Act of August 24, 1935 (7 decisions subject to administrative USDA. U.S.C. 612c); Section 416 of the appeal under 36 CFR part 217 in the ACTION: Notice. Agricultural Act of 1949 (7 U.S.C. 1431); legal notice of the newspapers listed in Section 709 of the Food and Agriculture the SUPPLEMENTARY INFORMATION section SUMMARY: In accordance with the Act of 1965 (7 U.S.C. 1446a–l); Section of this notice. As provided in 36 CFR Paperwork Reduction Act of 1995, the 4(a) of the Agriculture and Consumer part 217.5(d), the public shall be Food and Nutrition Service (FNS) is Protection Act of 1973 (7 U.S.C. 612c advised through Federal Register publishing for public comment a note); and by Sections 412 and 413 of notice, of the newspaper of record to be summary of a proposed information the Robert T. Stafford Disaster Relief utilized for publishing legal notice of collection. The proposed collection is decisions. Newspaper publication of an extension of a collection currently and Emergency Assistance Act (42 notice of decisions is in addition to approved for the Food Stamp Program U.S.C. 5179, 5180). Program direct notice of decisions to those who and the Food Distribution Program. implementing regulations are contained in 7 CFR Part 250. In accordance with have requested it and to those who have DATES: Comments on this notice must be § 250.43(f), distributing agencies shall participated in project planning. The received by January 3, 2005 to be Responsible Official gave annual notice assured of consideration. provide a summary report to the agency within 45 days following termination of in the Federal Register published on ADDRESSES: Send comments and the disaster assistance. May 10, 2004, of newspapers of record requests for copies of this information to be utilized for publishing notice of collection to Alan Rich, Program Respondents: State agencies that proposed actions and of decisions Reports, Analysis and Monitoring administer USDA disaster relief subject to appeal under 36 CFR part Branch, Budget Division, Food and activities. 215.5 and for publishing notice of Nutrition Service, USDA, 3101 Park Number of Respondents: 55. opportunities to object to proposed Center Drive, Alexandria, VA 22302. authorized hazardous fuel reduction Comments are invited on: (a) Whether Estimated Number of Responses per Respondent: The number of responses is projects under 36 CFR part 218.4. The the proposed collection of information list of newspapers to be used for 215 estimated to be 1.82 responses per State is necessary for the proper performance notice and decision and 218 notice of agency per year. of the functions of the agency, including objection opportunities is as listed in whether the information will have Estimate of Burden: Public reporting the SUPPLEMENTARY INFORMATION section practical utility; (b) the accuracy of the burden for this collection of information of this notice with no changes from the agency’s estimate of the burden of the is estimated to average 25 minutes per May 10, 2004, publication. proposed collection of information, respondent for each submission. DATES: including the validity of the Use of these newspapers for methodology and assumptions used; (c) Estimated Total Annual Burden on purposes of publishing legal notice of ways to enhance the quality, utility, and Respondents: 97 hours. decisions subject to appeal under 36 CFR part 217 and the use of the clarity of the information to be Dated: October 27, 2004. collected; and (d) ways to minimize the corrected newspaper listed under 36 Roberto Salazar, CFR part 215 and 36 CFR part 218 shall burden of the collection of information Administrator. on those who are to respond, including begin on or after the date of this [FR Doc. 04–24442 Filed 11–2–04; 8:45 am] use of appropriate, automated, publication. electronic, mechanical, or other BILLING CODE 3410–30–P FOR FURTHER INFORMATION CONTACT: technological collection techniques or Cheryl Herbster, Regional Appeals other forms of information technology. Coordinator, Southern Region, Planning,

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1720 Peachtree Road, NW., Atlanta, Chattahoochee-Oconee National Forest, Daniel Boone National Forest, Kentucky Georgia 30309, Phone: (404) 347–5235. Georgia Forest Supervisor Decisions: SUPPLEMENTARY INFORMATION: Deciding Forest Supervisor Decisions: The Lexington Herald-Leader, published Officers in the Southern Region will Times, published daily in Gainesville, daily in Lexington, KY. give legal notice of decisions subject to GA. District Ranger Decisions: appeal under 36 CFR part 217 in the District Ranger Decisions: London Ranger District: The Sentinel- following newspapers which are listed Armuchee Ranger District: Walker Echo, published tri-weekly (Monday, by Forest Service Administrative unit. County Messenger, published bi-weekly Wednesday, and Friday) in London, KY. Where more than one newspaper is (Wednesday & Friday) in LaFayette, GA. Morehead Ranger District: Morehead listed for any Administrative unit, the News, published bi-weekly (Tuesday first newspaper listed is the newspaper Brasstown Ranger District: North Georgia News, (newspaper of record) and Friday) in Morehead, KY. of record that will be utilized for Redbird Ranger District: Manchester publishing the legal notice of decisions published weekly (Wednesday) in Blairsville, GA. Enterprise, published weekly and calculating timeframes. Secondary (Thursday) in Machester, KY. Towns County Herald, (secondary) newspapers listed for a particular unit Somerset Ranger District: published weekly (Thursday) in are those newspapers the Deciding Commonwealth-Journal, published Hiawassee, GA. Officer expects to use for purposes of daily (Sunday through Friday) in providing additional notice. The The Dahlonega Nuggett, (secondary) Somerset, KY. timeframe for appeal shall be based on published weekly (Wednesday) in Stanton Ranger District: The Clay City the date of publication of the legal Dahlonega, GA. Times, published weekly (Thursday) in notice of the decision in the newspaper Chattooga Ranger District: Northeast Stanton, KY. of record. The following newspapers Georgian, (newspaper of record) Stearns Ranger District: McCreary will be used to provide notice. published bi-weekly (Tuesday & Friday) County Record, published weekly in Cornelia, GA. (Tuesday) in Whitley City, KY. Southern Region Chieftain & Toccoa Record, Regional Forester Decisions: (secondary) published bi-weekly National Forests in Florida, Florida Affecting National Forest System (Tuesday & Friday) in Toccoa, GA. Forest Supervisor Decisions: The lands in more than one Administrative White County News Telegraph, Tallahassee Democrat, published daily unit of the 15 in the Southern Region, (secondary) published weekly in Tallahassee, FL. Atlanta Journal-Constitution, published (Thursday) in Cleveland, GA. District Ranger Decisions: daily in Atlanta, GA. The Dahlonega Nuggett, (secondary) Apalachicola Ranger District: Affecting National Forest System published weekly (Thursday) in Calhoun-Liberty Journal, published lands in only one Administrative unit or Dahlonega, GA. weekly (Wednesday) in Bristol, FL. only one Ranger District will appear in Cohutta Ranger District: Chatsworth Lake George Ranger District: The the newspaper of record elected by the Times, published weekly (Wednesday) Ocala Star Banner, published daily in National Forest, National grassland, in Chatsworth, GA. Lake City, FL. National Recreation Area, or Ranger Oconee Ranger District: Eatonton Seminole Ranger District: The Daily District as listed below. Messenger, published weekly Commercial, published daily in National Forests in Alabama, Alabama (Thursday) in Eatonton, GA. Leesburg, FL. Wakulla Ranger District: The Forest Supervisor Decisions: Tallulah Ranger District: Clayton Tallahassee Democrat, published daily Montgomery Advertiser, published daily Tribune, published weekly (Thursday) in Tallahassee, FL. in Montgomery, AL. in Clayton, GA. District Ranger Decisions: Toccoa Ranger District: The News Francis Marion & Sumter National Bankhead Ranger District: Northwest Observer (newspaper of record) Forests, South Carolina Alabamian, published bi-weekly published bi-weekly (Tuesday & Friday) Forest Supervisor Decisions: The (Wednesday & Saturday) in Haleyville, in Blue Ridge, GA. State, published daily in Columbia, SC. AL. The Dahlonega Nuggett, (secondary) Conecuh Ranger District: The District Ranger Decisions: published weekly (Wednesday) in Andrew Pickens Ranger District: The Andalusia Star News, published daily Dahlonega, GA. (Tuesday through Saturday) in Daily Journal, published daily (Tuesday Andalusia, AL. Cherokee National Forest, Tennessee through Saturday) in Seneca, SC. Enoree Ranger District: Newberry Oakmulgee Ranger District: The Forest Supervisor Decisions: Knoxville Observer, published tri-weekly Tuscaloosa News, published daily in News Sentinel, published daily in (Monday, Wednesday, and Friday) in Tuscaloosa, AL. Knoxville, TN. Shoal Creek Ranger District: The Newberry, SC. District Ranger Decisions: Long Cane Ranger District: The State, Anniston Star, published daily in Nolichucky-Unaka Ranger District: Anniston, AL. published daily in Columbia, SC. Greeneville Sun, published daily (except Wambaw Ranger District: Post and Talladega Ranger District: The Daily Sunday) in Greeneville, TN. Home, published daily in Talladega, AL. Courier, published daily in Charleston, Tuskegee Ranger District: Tuskegee Ocoee-Hiwassee Ranger District: Polk SC. News, published weekly (Thursday) in County News, published weekly Witherbee Ranger District: Post and Tuskegee, AL. (Wednesday) in Benton, TN. Courier, published daily in Charleston, Tellico Ranger District: Monroe SC. Caribbean National Forest, Puerto Rico County Advocate, published tri-weekly George Washington and Jefferson Forest Supervisor Decisions: (Wednesday, Friday, and Sunday) in El Nuevo Dia, published daily in Sweetwater, TN. National Forests, Virginia and West Spanish in San Juan, PR. Watauga Ranger District: Johnson City Virginia San Juan Star, published daily in Press, published daily in Johnson City, Forest Supervisor Decisions: Roanoke English in San Juan, PR. TN. Times, published daily in Roanoke, VA.

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District Ranger Decisions: Bienville Ranger District: Clarion- Oklahoma Ranger District (Choctaw; Clinch Ranger District: Coalfield Ledger, published daily in Jackson, MS. Kiamichi; and Tiak) Tulsa World, Progress, published bi-weekly (Tuesday Chickasawhay Ranger District: published daily in Tulsa, OK. and Thursday) in Norton, VA. Clarion-Ledger, published daily in Poteau/Cold Springs Ranger District: Deerfield Ranger District: Daily News Jackson, MS. Arkansas Democrat-Gazette, published Leader, published daily in Staunton, Delta Ranger District: Clarion-Ledger, daily in Little Rock, AR. VA. published daily in Jackson, MS. Dry River Ranger District: Daily News De Soto Ranger District: Clarion- Womble Ranger District: Arkansas Record, published daily (except Ledger, published daily in Jackson, MS. Democrat-Gazette, published daily in Sunday) in Harrisonburg, VA. Holly Springs Ranger District: Little Rock, AR. Glenwood/Pedlar Ranger District: Clarion-Ledger, published daily in Ozark-St. Francis National Forests, Roanoke Times, published daily in Jackson, MS. Arkansas Roanoke, VA. Homochitto Ranger District: Clarion- James River Ranger District: Virginian Ledger, published daily in Jackson, MS. Forest Supervisor Decisions: The Review, published daily (except Tombigbee Ranger District: Clarion- Courier, published daily (Tuesday Sunday) in Covington, VA. Ledger, published daily in Jackson, MS. through Sunday) in Russellville, AR. Lee Ranger District: Shenandoah National Forests in North Carolina, District Ranger Decisions: Bayou Valley Herald, published weekly North Carolina Ranger District: The Courier, published (Wednesday) in Woodstock, VA. Forest Supervisor Decisions: The daily (Tuesday through Sunday) in Mount Rogers National Recreation Russellville, AR. Area: Bristol Herald Courier, published Asheville Citizen-Times, published Boston Mountain Ranger District: daily in Bristol, VA. daily in Asheville, NC. Southwest Times Record, published New Castle Ranger District: Roanoke District Ranger Decisions: Appalachian Ranger District: The daily in Fort Smith, AR. Times, published daily in Roanoke, VA. Asheville Citizen-Times, published New River Ranger District: Roanoke Buffalo Ranger District: Newton daily in Asheville, NC. Times, published daily in Roanoke, VA. County Times, published weekly in Cheoah Ranger District: Graham Star, Warm Springs Ranger District: The Jasper, AR. published weekly (Thursday) in Recorder, published weekly (Thursday) Robbinsville, NC. Magazine Ranger District: Southwest in Monterey, VA. Croatan Ranger District: The Sun Times Record, published daily in Fort Kisatchie National Forest, Louisiana Journal, published daily (except Smith, AR. Forest Supervisor Decisions: The Saturday) in New Bern, NC. Pleasant Hill Ranger District: Johnson Town Talk, published daily in Grandfather Ranger District: County Graphic, published weekly Alexandria, LA. McDowell News, published daily in (Wednesday) in Clarksville, AR. District Ranger Decisions: Marion, NC. St. Francis National Forest: The Daily Calcasieu Ranger District: The Town Highlands Ranger District: The Talk, (newspaper of record) published World, published daily (Sunday through Highlander, published weekly (mid Friday) in Helena, AR. daily in Alexandria, LA. May–mid Nov, Tues. & Fri.; mid Nov.– The Leesville Ledger, (secondary) mid May, Tues. only) in Highlands, NC. Sylamore Ranger District: Stone published tri-weekly (Tuesday, Friday, Pisgah Ranger District: The Asheville County Leader, published weekly and Sunday) in Leesville, LA. Citizen-Times, published daily in (Wednesday) in Mountain View, AR. Caney Ranger District: Minden Press Asheville, NC. Herald, (newspaper of record) published National Forests and Grasslands in Tusquitee Ranger District: Cherokee Texas daily in Minden, LA. Scout, published weekly (Wednesday) Homer Guardian Journal, (secondary) in Murphy, NC. Texas Forest Supervisor Decisions: published weekly (Wednesday) in Uwharrie Ranger District: The Lufkin Daily News, published daily Homer, LA. Montgomery Herald, published weekly in Lufkin, TX. Catahoula Ranger District: The Town (Wednesday) in Troy, NC. District Ranger Decisions: Talk, published daily in Alexandria, Wayah Ranger District: The Franklin LA. Press, published bi-weekly (Tuesday Angelina National Forest: The Lufkin Kisatchie Ranger District: and Friday) in Franklin, NC. Daily News, published daily in Lufkin, Natchitoches Times, published daily TX. Ouachita National Forest, Arkansas and (Tuesday thru Friday and on Sunday) in Caddo & LBJ National Grasslands: Oklahoma Natchitoches, LA. Denton Record-Chronicle, published Winn Ranger District: Winn Parish Forest Supervisor Decisions: Arkansas daily in Denton, TX. Enterprise, published weekly Democrat-Gazette, published daily in Davy Crockett National Forest: The (Wednesday) in Winnfield, LA. Little Rock, AR. Lufkin Daily News, published daily in District Ranger Decisions: Land Between The Lakes National Caddo Ranger District: Arkansas Lufkin, TX. Recreation Area, Kentucky and Democrat-Gazette, published daily in Sabine National Forest: The Lufkin Tennessee Little Rock, AR. Daily News, published daily in Lufkin, Area Supervisor Decisions: The Fourche Ranger District: Arkansas TX. Paducah Sun, published daily in Democrat-Gazette, published daily in Sam Houston National Forest: The Paducah, KY. Little Rock, AR. Courier, published daily in Conroe, TX. Jessieville/Winona Ranger District: National Forests in Mississippi, Arkansas Democrat-Gazette, published Dated: October 27, 2004. Mississippi daily in Little Rock, AR. Roberta A. Moltzen, Forest Supervisor Decisions: Clarion- Mena/Oden Ranger District: Arkansas Deputy Regional Forester. Ledger, published daily in Jackson, MS. Democrat-Gazette, published daily in [FR Doc. 04–24506 Filed 11–2–04; 8:45 am] District Ranger Decisions: Little Rock, AR. BILLING CODE 3410–11–M

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DEPARTMENT OF AGRICULTURE 2003 (Pub. L. 108–148). This act —Commercial thinning of Douglas-fir contains a variety of provisions to and ponderosa pine stands and Forest Service expedite hazardous fuel reduction and salvage of beetle-killed Douglas-fir forest restoration projects such as this with yarding to remove activity fuels. Bitterroot National Forest, Ravailli on specific types of Federal land that are Approximately 700 acres. County, MT, Middle East Fork Project at risk from wildland fire or insect and —Pre-commercial thinning of young AGENCY: Forest Service, USDA. disease epidemics. stands followed by burning of hand ACTION: Notice of intent to prepare an Project objectives follow those piled slash or lop and scattering slash. environmental impact statement. defined in the National Fire Plan, the Approximately 500 acres. Bitterroot Community Wildfire —Salvage and/or sanitation harvest of SUMMARY: In accordance with the Protection Plan, and the Healthy Forest diseased and/or dead and dying National Environmental Policy Act, Restoration Act and include: Reduce Douglas-fir stands followed by notice is hereby given that the Forest wildland fire threat to the East Fork burning of created slash piles. Service, Bitterroot National Forest will community, restore fire-adapted Approximately 240 acres. prepare a Draft Environmental Impact ecosystems in the Middle East Fork Statement to disclose the environmental landscape, and restore stands affected —Regeneration harvest in stands of consequences of the proposed Middle by the Douglas-fir beetle epidemic by extensive Douglas-fir beetle mortality East Fork (MEF) Project. The proposed treating infested areas and lands at with yarding of activity fuels followed project would treat vegetation on imminent risk of spread of the beetle by prescribed fire, jackpot burning, or approximately 6000 acres in the Middle epidemic to promote healthy ecosystem burning of hand piled slash. East Fork of the Bitterroot River function, composition and structure. Approximately 1450 acres. watershed to help reduce wildland fire DATES: Comments concerning the scope —Regeneration harvest in stands of threats and restore fire adapted of the analysis should be received by extensive Douglas-fir beetle mortality ecosystems. December 6, 2004. The draft of with yarding of activity fuels. The need for action in the Middle East environmental impact statement is Approximately 170 acres. Fork area became highlighted by the expected to be available for public —Approximately 3 miles of temporary local community after the wildfires of review in February 2005 and the final road would be constructed and then 2000. This area was identified in the environmental impact statement is obliterated upon project completion. Bitterroot Community Wildfire expected to be available end of April Protection Plan as a high priority area to —Road drainage improvements on reduce wildland fire risk. This plan was 2005. approximately 14 miles of major developed through community ADDRESSES: Submit written, oral, or e- forest roads prior to the project collaborative efforts involving mail comments by: (1) Mail—Middle beginning. Other roads would be community leaders, organizations, and East Fork Project; Tracy Hollingshead, maintained or improved under terms residents and is reviewed annually. District Ranger; Sula Ranger Station; of project contracts. The Forest Service completed a 7338 Hwy 93 S; Sula, Montana 59871 —Prescribed fire in grasslands and open watershed analysis (EAWS) for the (2) phone—(406) 821–3201; (3) e-mail— forest stands. May include slashing Middle East Fork landscape that comments-northern-bitterroot- prior to burning, and/or seeding and included a recommendation to reduce [email protected]. fertilization treatment on the threat from wildfire in the wildland approximately 1500 acres of FOR FURTHER INFORMATION CONTACT: urban interface. Another grassland/open forests. Project Team Leader, Sula Ranger recommendation was to restore desired District, Bitterroot National Forest (see —Regeneration planting in stands with and historical vegetation composition heavy mortality. and structure using harvest, prescribed address above). fire, and cultural activities. SUPPLEMENTARY INFORMATION: The Bitterroot National Forest also proposes to disclose the effects of a site- The Middle East Fork Project area Purpose occupies the middle third of the East specific Forest Plan Amendment that is Fork of the Bitterroot River drainage. On The purpose is to reduce the wildland needed to modify or clarify several the north side of the East Fork Bitterroot fire risk to the Middle East Fork standards in the Bitterroot National River, it begins just east of Cameron community to restore fire adapted Forest Plan. This would include Creek and extends to and includes ecosystems in the Middle East Fork adjusting the Forest-wide and Tepee Creek. On the south side it begins watershed particularly focusing on the management area snag and coarse east of Tolan Creek and extends to wildland urban interface as defined by woody debris standards to better reflect Meadow Creek. The Bitterroot the Bitterroot Community Wildfire current research, the Forest-wide Community Wildfire Protection Plan Protection Plan. thermal cover standard as it relates to this area, and standards defining what identifies the wildland urban interface Proposed Action in this area as a high risk area and practices are allowed within certain labeled the area a priority for treating The proposed action is designed with lands classified as unsuitable for timber hazardous fuels. The Middle East Fork extensive mitigation to reduce potential production and within old growth wildland urban interface extends impacts. To accomplish the project habitat. The proposed amendments to through the middle of the project area objectives the following actions would the Forest Plan, if approved, would encompassing the community of be taken: apply only to the Middle East Fork approximately 700 residents along the —Commercial thinning of Douglas-fir Project area. East Fork Bitterroot River and the East and ponderosa pine stands and Responsible Official Fork Road. The East Fork Road provides salvage of beetle-killed Douglas-fir the only paved emergency access and with yarding of activity fuels followed The responsible official for the escape route for the community. by prescribed fire, jackpot burning, or Middle East Fork Project is Dave T. Bull, This is an authorized project under burning of high piled slash. Forest Supervisor, Bitterroot National the Healthy Forest Restoration Act of Approximately 1650 acres. Forest.

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Nature of Decision To Be Made comments on the draft environmental SUPPLEMENTARY INFORMATION: The The Responsible Official will impact statement should be as specific Pickett Lake and Padre Canyon determine whether or not to proceed as possible. It is also helpful if Allotments are adjacent cattle grazing with the proposed project activities. comments refer to specific pages or allotments located approximately nine chapters of the draft statement. miles southeast of Flagstaff, Arizona. Scoping Process Comments may also address the The Pickett Lake and Padre Canyon Comments will be accepted during adequacy of the draft environmental Allotments consist of 34,814 and 20,993 the 30-day scoping period as described impact statement or the merits of the acres, respectively. The current Pickett in this notice of intent. To assist in alternatives formulated and discussed in Lake Allotment permit is of 758 cattle commenting, a scoping letter providing the statement. Reviewers may wish to from June 1 to October 31. The current more detailed information on the project refer to the Council on Environmental Padre Canyon Allotment permit is for 87 proposal has been prepared and is Quality Regulations for implementing cattle from June 1 to October 31. Both available to interested parties. Contact the procedural provisions of the Pickett Lake and Padre Canyon grazing Tracy Hollingshead, Sula District National Environmental Policy Act at 40 permits are issued to the same Ranger at the address listed in this CFR 1503.3 in addressing these points. permittee. This joint ownership makes notice of intent if you would like to Comments received, including the management coordination between the two allotments possible. receive a copy. names and addresses of those who comment, will be considered part of the Grazing has occurred continuously on Comment Requested public record on this proposal and will the Pickett Lake and Padre Canyon Allotments since the mid-1880s. Since This notice of intent initiates the be available for public inspection. that time, the Forest Service has scoping process that guides the (Authority: 40 CFR 1501.7 and 1508.22; reduced cattle numbers and controlled development of the environmental Forest Service Handbook 1909.15, Section cattle grazing periods more strictly. impact statement. 21) Cattle grazing management has Early Notice of Importance of Public Dated: October 28, 2004. improved over time with the Participation in Subsequent David T. Bull, construction of fences and waters by the Environmental Review: A draft Forest Supervisor. Forest Service and permittees. Over the environmental impact statement will be [FR Doc. 04–24508 Filed 11–2–04; 8:45 am] last ten years, cattle numbers on the prepared for comment. The comment BILLING CODE 3410–11–M Pickett Lake Allotment have varied from period on the draft environmental a high of 758 cattle in 1994 to a low of impact statement will be 45 days from 300 cattle in 2002. Over the last ten the date the Environmental Protection DEPARTMENT OF AGRICULTURE years, cattle numbers on the Padre Agency publishes the notice of Canyon Allotment have varied from a availability in the Federal Register. Forest Service high of 87 in 1995 to non-use in 1996, The Forest Service believes, it is 2000, 2002, 2003, and 2004. important to give reviewers notice of Pickett Lake and Padre Canyon The Pickett Lake and Padre Canyon several court rulings related to public Allotments, Coconino National Forest; Allotments are scheduled for participation in the environmental Coconino County, AZ environmental analysis of grazing use review process. First, reviewers of draft AGENCY: Forest Service, USDA. on the Coconino National Forest, as environmental impact statements must required by the Burns Amendment structure their participation in the ACTION: Notice of intent to prepare an environmental impact statement. (1995). This project was initiated in environmental review of the proposal so December 2000 as an EIS and the that it is meaningful and alerts an SUMMARY: The USDA Forest Service will Proposed Action included cattle agency to the reviewer’s position and prepare an environmental impact grazing, pinyon and juniper treatments, contentions. Vermont Yankee Nuclear statement (EIS) to disclose the and broadcast burning. After initial Power Corp. v. NRDC, 435 U.S. 519, 553 environmental effects of authorizing public scoping and comment, the Forest (1978). Also, environmental objections cattle grazing on the Picket Lake and Service decided to narrow the scope of that could be raised at the draft Padre Canyon Allotments. the project to analyze only cattle grazing environmental impact statement stage DATES: Comments concerning the scope under an environmental assessment but that are not raised until after of the analysis should be received (EA). A revised Proposed Action was completion of the final environmental within 30 days of the date of publication presented for public scoping in August impact statement may be waived or of this Notice of Intent in the Federal 2002 and a draft EA published in July dismissed by the courts. City of Angoon Register. The draft EIS is expected to be 2003. On September 14, 2004, a notice v. Hodel, 803 F.2d 1016, 1022 (9th Cir. published in December 2004 and the to withdraw the NOI for the EIS was 1986) and Wisconsin Heritages, Inc. v. final EIS is expected in February 2005. published in the Federal Register Harris, 490 F. Supp. 1334, 1338 (E.D. (volume 69, number 177, page 55403), ADDRESSES: Wis. 1980). Because of these court Send written comments to because it was imminent that a Decision rulings, it is very important that those Terri Marceron, Mormon Lake District Notice and FONSI were to be signed. interested in this proposed action Ranger, 4373 South Lake Mary Road, Based on the controversy over the participate by the close of the 45 day Flagstaff, Arizona 86001, Fax: (928) effects of cattle grazing on pronghorn comment period so that substantive 214–2460, e-mail: comments- habitat on the Anderson Mesa portion of comments and objections are made southwestern-coconino-mormon- these allocation, the responsible official available to the Forest Service at a time [email protected]. has decided to initiate this analysis as when it can meaningfully consider them FOR FURTHER INFORMATION CONTACT: an EIS. This project is being completed and respond to them in the final Michael Hannemann, Range Staff, or in order to ensure cattle grazing on the environmental impact statement. Katherine Sa´nchez Meador, Range Pickett Lake and Padre Canyon To assist the Forest Service in Specialist, Peaks Ranger District, 5075 N Allotments is consistent with goals, identifying and considering issues and Highway 89, Flagstaff, Arizona 86004, objectives, as well as the standards and concerns on the proposed action, (928) 526–0866. guidelines of the Coconino National

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Forest Plan (1987, as amended). The Anderson Mesa Rim. Exclosure fences components from several alternatives, or Proposed Action for the EIS is primarily would be built to protect the hardstem to not reauthorize grazing for a ten-year based upon the preferred Alternative bulrush and surrounding upland buffer period on the allotments at this time. from the unreleased final EA, at Post and Perry Lakes, with a lane to Scoping Process Alternative E. This alternative was the stock tank water right at Perry Lake. created after comments on the draft EA Exclosure fences would also be built Scoping is an ongoing process were analyzed. The publication of this around the emergent vegetation and throughout the planning process. This NOI begins the NEPA process and surrounding upland buffer at Ducknest Notice of Intent serves as the scoping initiates a 30 day scoping period. and Indian Tank Lakes, with a lane to process under NEPA, which will guide the stock tank water in Indian Tank development of the EIS. A copy of this Purpose and Need for Action Lake. Two short road segments within Notice of Intent will be mailed to those The purpose of this project is to or near Post and Perry Lakes would be people and organizations on The continue cattle grazing on the Pickett closed. Coconino National Forest’s mailing list Lake and Padre Canyon Allotments. The Proposed Action also includes an that have indicated a specific interest in There is a need to maintain and/or adaptive management option to fence the Pickett Lake and Padre Canyon improve rangeland conditions, and to Boot, Breezy, West Breezy and Indian Allotments or grazing management in maintain and protect seasonal and semi- Lakes, with a lane to the stock tank general. A press release announcing the permanent wetlands which includes waters in Boot and Indian Lakes. To filing of this Notice of Intent will be sent those wetlands with emergent maintain rangeland condition, or for to local newspapers and media. The vegetation on the two allotments. There increased flexibility in pasture rotations, public will be notified of any meetings is also a need to maintain the the emergent vegetation and the regarding this proposal by mailings and permittee’s access to their water right surrounding upland buffer would be press releases sent to the local and consider current water claims fenced at these four wetlands. Fencing newspaper and media. No meetings are within the allotments. would be completed as funding planned at this time. Proposed Action becomes available. These wetlands Preliminary Issues would likely be fenced within three The Proposed Action would authorize years. Up to 20% use by cattle on During development of the draft EA, grazing on the Pickett Lake and Padre emergent and woody vegetation at Boot two issues were identified. The first Canyon allotments while reducing and Billy Back Springs would be issue involves wetlands and how the overall cattle use, reducing cattle graze allowed. If use, by cattle, exceeds this a proposed cattle grazing system and periods, and increasing pasture rest fence would be constructed by the utilization levels affect seasonal and periods. Grazing rotations would be permittee to exclude cattle use at these semi-permanent wetlands habitat for adjusted so cattle do not graze in two springs. ground-nesting birds and riparian seasonal and semi-permanent wetlands vegetative health within wetlands. The containing emergent vegetation from Possible Alternatives second issue is concerned with the June 1 to July 15. No cattle grazing In addition to the Proposed Action, proposed utilization level of 35%, would occur on these allotments at all three other alternatives have been which may inhibit grass plants’ growth, between May 1 and May 31. developed for preliminary analysis. One reduce vertical height, and remove too Cattle use on the Pickett Lake alternative (Current Management) will many seed heads. A 35% utilization Allotment would be reduced 14% by consider the effects of continuing the level may also lessen plants’ ability to combining the management of these two current cattle grazing management grow to maturity, build necessary root allotments and shortening the grazing system on the two allotments. Another mass, or propagate. the Proposed Action season (currently June 1 to October 31) alternative (No Action/No Grazing) will and a Reduction in Utilization from June 1 to September 30. Combining consider the effects of closing Pickett Alternative have been developed to the allotments would reduce the pasture Lake and Padre Canyon Allotments to address these issues. graze periods above the rim from five to cattle grazing for a ten-year period. Comments Requested three months above the Anderson Mesa Another alternative (Reduction in Rim and from five months to one month Utilization) will study the effects of A draft EIS will be prepared for below the rim. reducing the cattle and/or elk utilization comments. The comment period on the The Proposed Action would establish standard (during the cattle grazing draft EIS will be 45 days from the date a 35% utilization limit by cattle and/or season) to 20% on both allotments. The the Environmental Protection Agency elk during cattle grazing season. When cattle numbers would also be reduced publishes the Notice of Availability in pasture use approaches 35% by cattle by 15% in this alternative. The the Federal Register. and/or elk, cattle would move to the development of any other alternatives The Forest Service believes, at this next pasture in the rotation. If elk use will be completed following public early stage, it is important to give exceeds 35% in a pasture before cattle response to scoping and published in reviewers notice of several court rulings enter a pasture, cattle would skip this the draft EIS. related to public participation in the pasture and move to the next pasture in environmental review process. First, the rotation. Responsible Official reviewers of a draft EIS must structure Up to 1.5 miles of fence, in sections, The responsible official for this their participation in the environmental would be constructed in the Elliot project is the Mormon Lake District review of the proposal so that it is Driveway pasture to keep cattle from Ranger. meaningful and alerts an agency to the moving down the Anderson Mesa Rim, reviewer’s position and contentions. and for a small holding pasture in the Nature of Decision To Be Made Vermont Yankee Nuclear Power Corp. v. western corner of the Elliot Driveway Based upon the effects of the different NRDC, 435 U.S. 519, 553 (1978). Also, pasture. Four miles of pipeline alternatives, the responsible official will environmental objections that could be (connected to a well on private land) either decide to implement the raised at the draft EIS stage but that are and five drinkers would be constructed Proposed Action, another action not raised until after completion of the to improve water distribution below the alternative, combinations of final EIS may be waived or dismissed by

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the courts. City of Angoon v. Hodel, 803 Dated: October 28, 2004. The need for this proposal is evident F.2d 1016, 1022 (9th Cir. 1986) and Joseph P. Stringer, by reviewing maps of known Wisconsin Heritages, Inc. v. Harris, 490 Deputy Forest Supervisor. infestations of noxious weeds within the F. Supp. 1334, 1338 (E.D. Wis. 1980). [FR Doc. 04–24510 Filed 11–2–04; 8:45 am] Wasatch-Cache National Forest. The Because of these court rulings, it is very BILLING CODE 3410–11–M number of infestations and species is important that those interested in this growing yearly. Results of uncontrolled proposed action participate by the close weed spread are well documented. of the 45-day comment period so that DEPARTMENT OF AGRICULTURE Without treatment, weeds increase substantive comments and objections about 14% a year under national Forest Service are made available to the Forest Service conditions. The spread of weeds can primarily be attributed to human at a time when it can meaningfully Noxious Weed Project; Wasatch-Cache activities associated with vehicles and consider them and respond to them in National Forest, Box Elder, Cache, roads, trails, contaminated livestock the final EIS. Davis, Duchesne, Morgan, Rich, Salt feed, contaminated seed, and ineffective To assist the Forest Service in lake, Summit, Tooele, Wasatch, Weber revegetation practices on disturbed identifying and considering issues and Counties, Utah and Uinta County, WY lands. Wind, water, birds, wildlife, and concerns on the proposed action, livestock also contribute to week spread. AGENCY: Forest Service, USDA. comments on the draft EIS should be as According to the recent scientific specific as possible. It is also helpful if ACTION: Notice of intent to prepare assessment of the Interior Columbia comments refer to specific pages or environmental impact statement. River Basin, invading weeds can alter ecosystem processes, including chapters of the draft statement. SUMMARY: The Forest Supervisor of the productivity, decomposition, hydrology, Comments may also address the Wasatch-Cache National Forest (WCNF) adequacy of the draft EIS or the merits nutrient cycling, and natural gives notice of the agency’s intent to disturbance patterns such as frequency of the alternatives formulated and prepare an environmental impact discussed in the statement. Reviewers and intensity of wild fires. Changing statement on a proposal to eradicate these processes can lead to may wish to refer to the Council on (elimination), control (reducing the displacement of native plant species, Environmental Quality Regulations for population over time), and contain eventually impacting wildlife and plant implementing the procedural provisions (preventing the population from habitat, recreational opportunities, of the National Environmental Policy spreading) known infestations and natural hydrologic processes, and scenic Act at 40 CFR 1503.3 in addressing future potential invasions of noxious beauty. these points. weed populations on the Forest. Proposed Action Comments received, including the DATES: Comments concerning the scope names and addresses of those who of the analysis must be received in A number of steps would be followed comment, will be considered part of the writing by November 23, 2004. A draft under this Proposed Action to public record on this proposal and will environmental impact statement is determine and implement the most appropriate treatment method for each be available for public inspection. expected to be published in April 2006, weed infestation site. They include the Comments submitted anonymously will with public comment on the draft following: detection of the weed, be accepted and considered; however, material requested for a period of 45 days, and completion of a final prioritization of the site for weed those who submit anonymous environmental impact statement is treatment, determination if sensitive comments will not have standing to expected in October, 2006. environmental receptors are present, appeal the subsequent decision under determination of the appropriate 36 CFR part 215. Additionally, pursuant ADDRESSES: Send written comments to. Wasatch-Cache National Forest, 8236 treatment method for the weed, and to 7 CFR 1.27(d), any person may monitoring the treatment/restoration request the agency to withhold a Federal Building, 125 S. State St., Salt Lake City, Utach 84138, ATTN: Noxious site to determine if follow-up or submission from the public record by Weeds. alternative treatment is warranted. showing how the Freedom of The following priorities will be Information Act (FOIA) permits such FOR FURTHER INFORMATION CONTACT: followed for treating sites. Priority I— confidentiality. Mike Duncan, Team Leader, (801) 236– Potential or New Invaders: Noxious 3415. weeds that are known from only a few, Persons requesting such SUPPLEMENTARY INFORMATION: small sites (less than about 10) on the confidentiality should be aware that, Forest would be highest priority for Purpose and Need for Action under the FOIA, confidentiality may be treatment. These are species for whom granted in only very limited The purpose of this proposal is to eradication is most likely, and whose circumstances, such as to protect trade move forward in achieving the desired elimination is likely to be most cost- secrets. The Forest Service will inform conditions, goals, and objectives of the effective in the long term. Priority II— the requester of the agency’s decision 2003 Wasatch-Cache National Forest Satellite Infestations: Small, satellite regarding the request for confidentiality, Revised Forest Plan. Specifically the infestations, particularly on the edges of and if the request is denied, the agency purpose of this proposal is to eliminate the local range of a noxious weed will return the submission and notify new invaders (weed species not species, would be next highest priority the requester that the comments may be previously reported in an area) before for treatment. Treating these satellite resubmitted with or without name and they become established, prevent or infestations is likely to be most effective address within a specified number of limit the spread of established weeds in halting the spread of noxious weeds days. into areas containing little or no into weed-free areas. Priority III— (Authority: 40 CFR 1501.7 and 1508.22; infestation while meeting multiple use Established Infestations: Relatively large Forest Service Handbook 1909.15, Section objectives, and contain and reduce established populations are managed by 21.) known and potential weed seed sources a containment strategy. Treatment throughout the WCNF. efforts may focus on working in from

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the edges, or treating specific areas The Forest Service believes it is DEPARTMENT OF AGRICULTURE identified as a particular seed/plant important to give reviewers notice at spreading source (ex: trailhead). this early stage of several court rulings Forest Service Treatment practices available for use related to public participation in the Notice of Meeting in eradicating, controlling, and/or environmental review process. First, containing noxious, invasive, and non- reviewers of draft environmental impact AGENCY: Notice of Resource Advisory native weeds include mechanical, statements must structure their Committee, Sundance, Wyoming, USDA biological, controlled grazing, chemical participation in the environmental Forest Service. (aerial and ground-based), and review of the proposal so that it is ACTION: Notice of meeting. combinations of these treatments. meaningful and alerts an agency to the Selection of the most appropriate reviewer’s position and contentions. SUMMARY: Pursuant to the authorities in treatment practice depends on Vermont Yankee Nuclear Power Corp. v. the Federal Advisory Committee Act numerous factors, including the risk of (Pub. L. 92–463) and under the Secure weed expansion, weed species biology, NRDC, 435 U.S. 519, 533 (1978). Also, environmental objections that could be Rural Schools and Community Self- time of year, environmental setting, soil Determination Act of 2000 (Pub. L. 106– raised at the draft environmental impact type, and management objective. 393) the Black Hills National Forests’ statement stage but that are not raised Responsible Official Crook County Resource Advisory until after completion of the final Committee will meet Monday, The Responsible Official is Thomas L. environmental impact statement may be November 15, 2004 in Sundance, Tidwell, Forest Supervisor, Wasatch- waived or dismissed by the courts. City Wyoming for a business meeting. The Cache National Forest, 8236 Federal of Angoon v. Hodel, 803 F.2d 1016, meeting is open to the public. Building, 125 South State Street, Salt 1022 (9th Cir. 1986) and Wisconsin SUPPLEMENTARY INFORMATION: The Lake City, UT 84138. Heritages, Inv. v. Harris, 490 F. Supp. business meeting on November 15, Nature of Decision to Be Made 1334, 1338 (E.D. Wis. 1980). Because of begins at 6:30 p.m., at the USFS these court rulings, it is very important The decision to be made is whether or Bearlodge Ranger District office, 121 that those interested in this proposed South 21st Street, Sundance, Wyoming. not to treat noxious weeds, and if so, action participate by the close of the 45- determining the priority for treating Agenda topics will include a review of day comment period so that substantive populations and the appropriate previously presented project proposals, comments and objections are made treatment option for different weed a presentation of any new project species. available to the Forest Service at a time proposals and updates on previously when it can meaningfully consider them funded projects. A public forum will Scoping Process and consider them and respond to them begin at 8:30 p.m. (MT). The Forest Service invites comments in the final environmental impact FOR FURTHER INFORMATION CONTACT: and suggestions on the scope of the statement. Steve Kozel, Bearlodge District Ranger analysis to be included in the Draft To assist the Forest Service in and Designated Federal Officer at (307) Environmental Impact Statement (DEIS). identifying and considering issues and 283–1361. In addition, the Forest Service gives concerns on the proposed action, Dated: October 26, 2004. notice that it is beginning a full comments on the draft environmental Steve Kozel, environmental analysis and decision- impact statement should be as specific District Ranger, Bearlodge Ranger District. making process for this proposal so that as possible. It is also helpful if interested or affected people may know [FR Doc. 04–24509 Filed 11–2–04; 8:45 am] comments refer to specific pages or how they can participate in the BILLING CODE 3410–11–M chapters of the draft statement. environmental analysis and contribute Comments may also address the to the final decision. This notice of intent initiates the scoping process adequacy of the draft environmental DEPARTMENT OF COMMERCE which guides the development of the impact statement or the merits of the environmental impact statement. The alternatives formulated and discussed in Submission for OMB Review; Forest Service welcomes any public the statement. (Reviewers may wish to Comment Request comments on the proposal. refer to the Council on Environmental DOC has submitted to the Office of Quality Regulations for implementing Early Notice of Importance of Public Management and Budget (OMB) for the procedural provisions of the clearance the following proposal for Participation in Subsequent National Environmental Policy Act at 40 Environmental Review collection of information under the CFR 1503.3 in addressing these points.) provisions of the Paperwork Reduction A draft environmental impact Comments received, including the Act (44 U.S.C. chapter 35). statement will be prepared for comment. names and addresses of those who Agency: U.S. Census Bureau. The comment period on the draft comment, will be considered part of the Title: Youth Volunteering & Civic environment impact statement will be public record on this proposal and will Engagement Survey. 45 days from the date the be available for public inspection. Form Number(s): YVCES–1L. Environmental Protection Agency’s Agency Approval Number: None. (Authority: 40 CFR 1501.7 and 1508.22; notice of availability appears in the Type of Request: New collection. Forest Service Handbook 1909.15, Section Federal Register. It is very important Burden: 2,090 hours. that those interested in this proposed 21) Number of Respondents: 3,300. action participate at that time. To be the Dated: October 27, 2004. Avg Hours Per Response: 38 minutes. most helpful, comments on the draft Faye L. Krueger, Needs and Uses: Volunteerism is a environmental impact statement should Deputy Forest Supervisor. vital aspect of American society that be as specific as possible and may helps to sustain the values that frame [FR Doc. 04–24507 Filed 11–2–04; 8:45 am] address the adequacy of the statement or American life and strengthen the merits of the alternatives discussed. BILLING CODE 3410–11–M democracy. During his 2002 State of the

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Union address, President George W. Written comments and specialists. These specialists counsel Bush called upon every American to recommendations for the proposed clients about their international dedicate at least two years over the information collection should be sent marketing needs and work with the course of their lives to volunteering, and within 30 days of publication of this clients to provide global trade solutions. a vast network of government agencies, notice to Susan Schechter, OMB Desk A significant part of a trade specialist’s nonprofit organizations and Officer either by fax (202–395–7245) or role is to counsel clients, and the associations, schools, volunteer centers, e-mail ([email protected]). majority of time with clients is spent and community and corporate Dated: October 28, 2004. counseling. The subject survey asks foundations work to promote Madeleine Clayton, clients whether they are satisfied with volunteering and civic engagement Management Analyst, Office of the Chief the counseling they have received from across the country to help Americans Information Officer. U.S. Commercial Service domestic trade meet this call. [FR Doc. 04–24489 Filed 11–2–04; 8:45 am] specialists. Results from the survey will In order to measure our progress in BILLING CODE 3510–07–P be used to make improvements to the these efforts, it is essential to establish agency’s business processes, in order to baseline data. Through the Youth provide better and more effective export Volunteering and Civic Engagement DEPARTMENT OF COMMERCE assistance to U.S. companies. Study, we will have the capacity to obtain this baseline data, as well as International Trade Administration II. Method of Collection ascertain progress through future data collections. This study intends to collect U.S. Commercial Service Trade Form ITA–XXXX is sent to U.S. data on volunteering and civic Specialist Counseling Session Survey companies that receive counseling from engagement among American teenagers, U.S. Commercial Service trade 12 to 18 years of age, and disseminate ACTION: Proposed collection; comment specialists this information among organizations request. III. Data and individuals that might utilize these SUMMARY: The Department of data. We plan to collect baseline data in OMB Number: 0625–XXXX. Commerce, as part of its continuing early 2005, and conduct data collections effort to reduce paperwork and Form Number: ITA–XXXX. every two years after the baseline. This respondent burdens, invites the general population was last studied in 1995 by Type of Review: Regular submission. public and other Federal agencies to Independent Sector, which released a Affected Public: U.S. companies who take this opportunity to comment on the report subsequent to the study. have participated in counseling sessions continuing information collections, as with U.S. Commercial Service trade The survey will generate information required by the Paperwork Reduction specialists. identified as priority data needed by Act of 1995, Pub. L. 104–13 (44 U.S.C. federal agencies, states, nonprofit 3506(2)(A)). Estimated Number of Respondents: organizations and associations, schools, DATES: 1700. foundations, researchers, and other Written comments must be survey users. General categories of submitted on or before January 3, 2005. Estimated Time Per Response: 10 information to be collected will include ADDRESSES: Direct all written comments minutes. educational attainment and general to Diana Hynek, Departmental Estimated Total Annual Burden activities, participation in volunteer Paperwork Clearance Officer, Hours: 170 hours. Department of Commerce, Room 6625, activities, attitudes toward and Estimated Total Annual Costs: The 14th & Constitution Avenue, NW., experiences with national and estimated annual cost for this collection Washington, DC 20230. E-mail: community service, and civic attitudes is $8,619. and behaviors. The survey will also [email protected]. collect information on types of FOR FURTHER INFORMATION CONTACT: IV. Request for Comments organizations with which teens serve, Request for additional information or Comments are invited on (a) whether the work teens perform at these copies of the information collection the proposed collection of information organizations, the attitudes and instrument and instructions should be is necessary for proper performance of motivations of teens that volunteer, and directed to: Tish Falco, 14th & the functions of the agency, including the reasons why some teens do not Constitution Avenue, NW., Washington, volunteer. DC 20230; Phone number: 202–482– whether the information shall have Affected Public: Individuals or 3388; E-mail: [email protected]. practical utility; (b) the accuracy of the agency’s estimate of the burden households. SUPPLEMENTARY INFORMATION: Frequency: Every two years. (including hours and costs) of the Respondent’s Obligation: Voluntary. I. Abstract proposed collection of information; (c) Legal Authority: Title 13 U.S.C., The International Trade ways to enhance the quality, utility, and Section 8. Administration’s U.S. Commercial clarity of the information to be OMB Desk Officer: Susan Schechter, Service is mandated by Congress to help collected; and (d) ways to minimize the (202) 395–5103. U.S. businesses, particularly small and burden of the collection of information Copies of the above information medium-sized companies, export their on respondents, including through the collection proposal can be obtained by products and services to global markets. use of automated collection techniques calling or writing Diana Hynek, As part of its mission, the U.S. or forms of information technology. Departmental Paperwork Clearance Commercial Service uses ‘‘Quality Comments submitted in response to Officer, (202) 482–0266, Department of Assurance Surveys’’ to collect feedback this notice will be summarized and/or Commerce, room 6625, 14th and from the U.S. business clients it serves. included in the request for OMB Constitution Avenue, NW., Washington, The subject survey deals with a approval of this information collection; DC 20230 (or via the Internet at particular aspect of service provided by they will also become a matter of public [email protected]). U.S. Commercial Service trade record.

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Dated: October 28, 2004. Department of Commerce, Room 6625, measurable reliability, statistics on the Madeleine Clayton, 14th and Constitution Ave., NW., subjects specified above. Management Analyst, Office of the Chief Washington, DC 20230; or via the The Census Bureau is authorized to Information Officer. Internet at [email protected]. take surveys that are necessary to [FR Doc. 04–24490 Filed 11–2–04; 8:45 am] Written comments and furnish current data on the subjects BILLING CODE 3510–FP–P recommendations for the proposed covered by the major censuses information collection should be sent authorized by Title 13, United States via e-mail to Code, Sections 182, 224, and 225. This DEPARTMENT OF COMMERCE [email protected] within 30 survey will provide continuing and days of publication of this Federal timely national statistical data on retail Submission for OMB Review; Register notice. trade for the period between economic Comment Request Dated: October 28, 2004. censuses. For 2004, the survey will, as DOC has submitted to the Office of Madeleine Clayton, it has in the past, operate as a separate sample of retail companies. The data Management and Budget (OMB) for Management Analyst, Office of Chief clearance the following proposal for Information Officer. collected in this survey will be similar to that collected in the past and within collection of information under the [FR Doc. 04–24491 Filed 11–2–04; 8:45 am] the general scope and nature of those provisions of the Paperwork Reduction BILLING CODE 3510–DS–P Act of 1995, Public Law 104–13 (44 inquiries covered in the economic U.S.C. 3506(c)(2)(A)). census. These data will provide a sound Bureau: International Trade DEPARTMENT OF COMMERCE statistical basis for the formation of Administration. policy by various government agencies. Title: Information on Articles for Bureau of the Census These data also apply to a variety of Physically or Mentally Handicapped public and business needs. Notwithstanding any other provision Persons Imported Free of Duty. [Docket Number 041021286–4286–01] Agency Form Number: ITA–362P. of law, no person is required to respond OMB Number: 0625–0118. Annual Retail Trade Survey to, nor shall a person be subject to a Type of Request: Extension-Regular penalty for failure to comply with, a AGENCY: Submission. Bureau of the Census, collection of information subject to the Burden: 337 hours. Commerce. requirements of the Paperwork Number of Respondents: 240. ACTION: Notice of determination. Reduction Act (PRA) unless that Avg. Hours Per Response: 4 minutes. collection of information displays a SUMMARY: Needs and Uses: Congress, when it The Bureau of the Census current valid Office of Management and enacted legislation to implement the (Census Bureau) is conducting the Budget (OMB) control number. In Nairobi Protocol to the Florence Annual Retail Trade Survey. The accordance with the PRA, 44 United Agreement, included a provision for the Census Bureau has determined that it States Code, Chapter 35, the OMB Departments of Commerce and needs to collect data covering annual approved the Annual Retail Trade Homeland Security to collect sales, e-commerce sales, percent of e- Survey under OMB Control Number information on the import of articles for commerce sales to customers located 0607–0013. We will furnish report the handicapped. Form ITA–362P, outside the United States, year-end forms to organizations included in the Information on Articles for Physically or inventories, purchases, accounts survey. Additional copies are available Mentally Handicapped Persons receivables, and, for select industries, on written request to the Director, U.S. Imported Free of Duty, is the vehicle by merchandise line sales and percent of Census Bureau, Washington, DC 20233– which statistical information is obtained sales by class of customer. 0101. to assess whether the duty-free FOR FURTHER INFORMATION CONTACT: Based upon the foregoing, I have treatment of articles for the Nancy Piesto, Service Sector Statistics directed that an annual survey be handicapped has had a significant Division, on (301) 763–2747. conducted for the purpose of collecting adverse impact on a domestic industry SUPPLEMENTARY INFORMATION: The these data. (or portion thereof) manufacturing or Annual Retail Trade Survey is a Dated: October 28, 2004. producing a like or directly competitive continuation of similar retail trade Charles Louis Kincannon, article. Without the collection of data, it surveys conducted each year since 1951 Director, Bureau of the Census. would be almost impossible for a sound (except 1954). It provides on a [FR Doc. 04–24504 Filed 11–2–04; 8:45 am] determination to be made and for the comparable classification basis, annual BILLING CODE 3510–07–P President to appropriately redress the sales, e-commerce sales, and purchases situation. for 2004 and year-end inventories for Affected Public: Businesses or other 2003 and 2004. These data are not DEPARTMENT OF COMMERCE for-profit, not-for-profit institutions, available publicly on a timely basis from state, local or tribal governments, nongovernmental or other governmental Foreign-Trade Zones Board federal government, individuals or sources. [Order No. 1357] households. The Census Bureau will require a Frequency: On Occasion. selected sample of firms operating retail Approval of Export Processing Respondent’s Obligation: Required to establishments in the United States Authority Within Foreign-Trade Zone obtain or retain a benefit, voluntary. (with sales size determining the 25; Broward County, FL; S.B. OMB Desk Officer: David Rostker, probability of selection) to report in the Marketing Worldwide, Inc. (Apparel (202) 395–7340. 2004 Annual Retail Trade Survey. We Printing) Copies of the above information will furnish report forms to the firms collection proposal can be obtained by covered by this survey and will require Pursuant to its authority under the writing Diana Hynek, Departmental their submissions within 30 days after Foreign-Trade Zones Act of June 18, Paperwork Clearance Officer, receipt. The sample will provide, with 1934, as amended (19 U.S.C. 81a–81u)

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(the Act), the Foreign-Trade Zones The application was submitted pursuant Secretary at the first address listed Board (the Board) adopts the following to the provisions of the Foreign-Trade above, and at the U.S. Department of Order: Zones Act, as amended (19 U.S.C. 81a– Commerce, Export Assistance Center, Whereas, Broward County, Florida, 81u), and the regulations of the Board 15600 John F. Kennedy Blvd., Suite 530, grantee of FTZ 25, has requested (15 CFR part 400). It was formally filed Houston, TX 77032. authority under 15 CFR § 400.32(b)(1) of on October 22, 2004. Dated: October 22, 2004. the Board’s regulations on behalf of S.B. Subzone 84O (465,000 BPD capacity Dennis Puccinelli, Marketing Worldwide, Inc., to process 3,000–4,000 employees) was approved (screen printing) foreign-origin shirts for by the Board in 1996 for the Executive Secretary. export under zone procedures within manufacture of fuel products and [FR Doc. 04–24550 Filed 11–2–04; 8:45 am] FTZ 25 (filed 7–30–2004, FTZ Docket certain petrochemical feedstocks and BILLING CODE 3510–DS–P 31–2004); refinery by-products (Board Order 837, Whereas, pursuant to 15 CFR 61 FR 38711, 7/25/96, as amended by 400.32(b)(1), the Commerce Board Order 1116, 65 FR 52696, 8/30/ DEPARTMENT OF COMMERCE Department’s Assistant Secretary for 00). International Trade Administration Import Administration has the authority The subzone (3,500 acres) is located to act for the Board in making such on the Houston Ship Channel at 2800 [A–560–817] decisions on new manufacturing/ Decker Drive, Baytown, Harris County, processing activity under certain Texas, some 25 miles east of Houston. Notice of Postponement of Final circumstances, including situations The expansion request involves the Antidumping Duty Determination: where the proposed activity is for export modification of a crude unit to increase Bottle–Grade Polyethylene only (15 CFR 400.32(b)(1)(ii)); and, the overall crude distillation capacity of Terephthalate (PET) Resin from Whereas, the FTZ Staff has reviewed the refinery to 575,000 BPD and allow Indonesia the proposal, taking into account the for the processing of a greater variety of AGENCY: Import Administration, criteria of 15 CFR 400.31, and the crudes. No additional feedstocks or International Trade Administration, Executive Secretary has recommended products have been requested. Department of Commerce. approval; Zone procedures would exempt the SUMMARY: The Department of Commerce Now, therefore, the Assistant increased production from Customs is postponing the final determination in Secretary for Import Administration, duty payments on the foreign products the antidumping duty investigation on acting for the Board pursuant to 15 CFR used in its exports. On domestic sales, PET Resin from Indonesia from January 400.32(b)(1), concurs in the the company would be able to choose 3, 2005, until no later than 135 days recommendation and hereby approves the Customs duty rates for certain after publication of the preliminary the request subject to the Act and the petrochemical feedstocks (duty-free) by determination in this investigation. This Board’s regulations, including 15 CFR admitting foreign crude oil in non- extension is made pursuant to section 400.28. privileged foreign status. The 735(a)(2) of the Tariff Act of 1930, as Signed at Washington, DC, this 18th day of application indicates that the savings amended, by the Uruguay Round October, 2004. from zone procedures help improve the Agreements Act. James J. Jochum, refinery’s international competitiveness. In accordance with the Board’s EFFECTIVE DATE: November 3, 2004. Assistant Secretary of Commerce for Import regulations, a member of the FTZ staff FOR FURTHER INFORMATION CONTACT: Administration, Alternate Chairman, Foreign- Scott Holland at (202) 482–1279 or Trade Zones Board. has been appointed examiner to investigate the application and report to Andrew McAllister at (202) 482–1174, Attest: the Board. Import Administration, International Dennis Puccinelli, Public comment is invited from Trade Administration, U.S. Department Executive Secretary. interested parties. Submissions (original of Commerce, 14th Street and [FR Doc. 04–24551 Filed 11–2–04; 8:45 am] and 3 copies) shall be addressed to the Constitution Avenue, NW, Washington, DC 20230. BILLING CODE 3510–DS–P Board’s Executive Secretary at one of the following addresses: Postponement of Final Determination 1. Submissions Via Express/Package DEPARTMENT OF COMMERCE Delivery Services: Foreign-Trade-Zones On October 20, 2004, the Department Board, U.S. Department of Commerce, of Commerce (‘‘the Department’’) issued Foreign-Trade Zones Board Franklin Court Building—Suite 4100W, its affirmative preliminary determination in the antidumping duty [Docket 46–2004] 1099 14th St. NW, Washington, DC 20005; or investigation of Bottle–Grade Foreign-Trade Zone 84—Houston, 2. Submissions Via the U.S. Postal Polyethylene Terephthalate (‘‘PET’’) Texas; Expansion of Manufacturing Service: Foreign-Trade-Zones Board, Resin (‘‘PET resin’’) from Indonesia Authority—Subzone 84O; ExxonMobil U.S. Department of Commerce, FCB— (publication pending). This notice Corporation; Baytown, TX Suite 4100W, 1401 Constitution Ave. stated we would issue our final NW, Washington, DC 20230. determinations in these investigations An application has been submitted to The closing period for their receipt is within 75 days of the date of the the Foreign-Trade Zones Board (the January 3, 2005. Rebuttal comments in preliminary determination. Section Board) by the Port of Houston response to material submitted during 735(a)(2) of the Tariff Act of 1930, as Authority, grantee of FTZ 84, requesting the foregoing period may be submitted amended (‘‘the Act’’), provides that the authority on behalf of ExxonMobil during the subsequent 15-day period (to Department may postpone a final Corporation (ExxonMobil), to expand January 18, 2005). determination until not later than 135 the scope of manufacturing activity A copy of the application and days after the date of the publication of conducted under zone procedures accompanying exhibits will be available the preliminary determination if, in the within Subzone 84O at the ExxonMobil for public inspection at the Office of the event of an affirmative preliminary oil refinery complex in Baytown, Texas. Foreign-Trade Zones Board’s Executive determination, a request for such

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postponement is made by exporters who FOR FURTHER INFORMATION CONTACT: Preliminary Determination of Sales at account for a significant proportion of Brandon Farlander or Patrick Edwards Less Than Fair Value and Postponement exports of the subject merchandise, or in at (202) 482–0182 and (202) 482–8029, of Final Determination: Certain Circular the event of a negative preliminary respectively; AD/CVD Operations, Welded Carbon Quality Line Pipe from determination, a request for such Office 7, Import Administration, Korea, 69 FR 59885 (October 6, 2004) postponement is made by the petitioner. International Trade Administration, (‘‘Preliminary Determination’’). The The Department’s regulations, at 19 U.S. Department of Commerce, 14th Department’s Preliminary CFR 351.210(e)(2), require that requests Street and Constitution Avenue, N.W., Determination covered manufacturers/ by respondents for postponement of a Washington, D.C. 20230. exporters, Hyundai HYSCO (‘‘HYSCO’’) final determination be accompanied by SUPPLEMENTARY INFORMATION: and SeAH Steel Corporation Ltd. a request for extension of provisional (‘‘SeAH’’). measures from a four–month period to Applicable Statute and Regulations On October 4, 2004, the Department not more than six months. Pursuant to Unless otherwise indicated, all received from HYSCO a timely section 735(a)(2) of the Act, on October citations to the Tariff Act of 1930, as allegation of ministerial errors in the 25, 2004, P.T. Indorama Synthetics Tbk amended (the Act), are references to the preliminary determination. HYSCO (‘‘Indorama’’), a mandatory respondent provisions effective January 1, 1995, the alleged that the Department made a in the above–mentioned proceeding, effective date of the amendments made significant ministerial error. The alleged requested that, in the event of an to the Act by the Uruguay Round ministerial error was in the affirmative preliminary determination Agreements Act (URAA). In addition, Department’s recalculation of HYSCO’s in this investigation, the Department unless otherwise indicated, all citations financial expense ratio. Specifically, postpone its final determination until to the Department of Commerce HYSCO claims that the Department not later than 135 days after the date of (Department) regulations are to 19 CFR used the wrong currency denomination the publication of the preliminary part 351 (April 2001). (single won instead of 1,000 won) in the determination in the Federal Register, gains and losses on currency forward and extend the provisional measures to Amendment of Preliminary transactions figures. not more than six months. In Determination Significant Ministerial Error accordance with 19 CFR 351.210(b), The Department is amending the because (1) our preliminary preliminary determination in the A significant ministerial error is determination is affirmative, (2) the antidumping investigation of certain defined as an error, the correction of respondent accounts for a significant circular welded carbon quality line pipe which, singly or in combination with proportion of exports of the subject from the Republic of Korea. This other errors, would result in (1) a merchandise, and (3) no compelling amended preliminary determination change of at least five absolute reasons for denial exist, we are granting results in a revised antidumping rate for percentage points in, but not less than the respondents’ request and are respondent Hyundai HYSCO and the all 25 percent of, the weighted–average postponing the final determination until others rate in this case. dumping margin calculated in the no later than 135 days after the original (erroneous) preliminary Scope of Investigation publication of this notice in the Federal determination; or (2) a difference Register. Suspension of liquidation will The scope of this investigation between a weighted–average dumping be extended accordingly, for not more includes certain circular welded carbon margin of zero or de minimis and a than six months, i.e., 180 days. quality steel line pipe of a kind used in weighted–average dumping margin of This notice is published pursuant to oil and gas pipelines, over 32 mm (1 @ greater than de minimis or vice versa. section 735(a) of the Act. inches) in nominal diameter (1.660 inch See 19 CFR 351.224(g). Dated: October 27, 2004. actual outside diameter) and not more In this instance, the original James J. Jochum, than 406.4 mm (16 inches) in outside preliminary determination resulted in a diameter, regardless of wall thickness, weighted–average margin of 6.49 Assistant Secretary for Import Administration. surface finish (black, or coated with any percent for HYSCO and for the ‘‘All coatings compatible with line pipe), and Others’’ rate. Recalculation of the [FR Doc. E4–2998 Filed 11–2–04; 8:45 am] regardless of end finish (plain end, financial expense ratio using the correct BILLING CODE 3510–DS–S beveled ends for welding, threaded ends denomination in the gains and losses on or threaded and coupled, as well as any currency forward transactions results in DEPARTMENT OF COMMERCE other special end finishes), and a de minimis weighted–average regardless of stenciling. The dumping margin, thus meeting the International Trade Administration merchandise subject to this requirements under 19 CFR investigation may be classified in the 351.224(g)(2). [A–580–854] Harmonized Tariff Schedule of the Amended Determination Notice of Amended Preliminary United States (‘‘HTSUS’’) at heading The Department has reviewed its Determination of Sales At Not Less 7306 and subheadings 7306.10.10.10, preliminary calculations and agrees that Than Fair Value: Certain Circular 730610.10.50, 7306.10.50.10, and the Department made a ministerial error Welded Carbon Quality Line Pipe from 7306.10.50.50. The tariff classifications within the meaning of 19 CFR 351.224(f) the Republic of Korea are provided for convenience and customs purposes; however, the written in its recalculation of HYSCO’s financial AGENCY: Import Administration, description of the scope of the expense with regard to the calculation International Trade Administration, investigation is dispositive. of the gains and losses on currency Department of Commerce. forward transactions using the wrong Background ACTION: Notice of Amended Preliminary currency denomination. For a detailed Determination of Sales at Not Less Than On September 29, 2004, the analysis, see the November 1, 2004, Fair Value. Department issued its affirmative Memorandum to Richard O. Weible preliminary determination in this from Margaret Pusey and Brandon EFFECTIVE DATE: November 3, 2004. proceeding. See Notice of Affirmative Farlander regarding the Analysis of

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Allegation of Ministerial Error for This determination is issued and to the United States during the period Hyundai HYSCO Co., Ltd. on file in the published pursuant to sections 733(f) of investigation (POI) and that they are Department’s Central Records Unit, and 777(i)(1) of the Tariff Act. not affiliated with any company which Room B–099 of the Herbert H. Hoover Dated: October 27, 2004. exported subject merchandise to the Building, 1401 Constitution Avenue, James J. Jochum, United States during the POI. Pursuant N.W., Washington, D.C. As a result of to 19 CFR 351.214(b)(2)(iii)(B), Shanghai Assistant Secretary for Import our analysis of HYSCO’s allegation, we Administration. Blessing and Shunli further certified are amending our preliminary that their export activities are not [FR Doc. E4–3000 Filed 11–2–04; 8:45 am] determination to revise the antidumping controlled by the central government of rates in accordance with 19 CFR BILLING CODE 3510–DS–S the PRC. Also, in accordance with 19 351.224(e). CFR 351.214(b)(2)(iv), Shanghai We will revise our suspension of DEPARTMENT OF COMMERCE Blessing and Shunli submitted liquidation instructions to U.S. Customs documentation establishing the date on and Border Protection (CBP), instructing International Trade Administration which each company first shipped the CBP that no suspension of liquidation is subject merchandise to the United [A–570–848] required at this time, since both States, the volume of its first shipment, respondents in this proceeding now Freshwater Crawfish Tail Meat From and the date of the first sale to an have de minimis rates. Parties will be the People’s Republic of China: unaffiliated customer in the United notified of this amended determination, Initiation of Antidumping Duty New States. in accordance with section 733(d) and Shipper Reviews Therefore, in accordance with section (f) of the Act. 751(a)(2)(B) of the Act and 19 CFR The following weighted–average AGENCY: Import Administration, 351.214(d), we are initiating new dumping margins apply: International Trade Administration, shipper reviews of the antidumping Department of Commerce. duty order on freshwater crawfish tail Weighted–average SUMMARY: The Department of Commerce meat from the PRC. In accordance with Exporter/manufacturer margin (percent- (the Department) has received timely 19 CFR 351.214(h)(i), we intend to issue age) requests to conduct new shipper the preliminary results of these reviews Hyundai HYSCO ...... 1.311 reviews of the antidumping duty order not later than 180 days from the date of SeAH Steel Corporation on freshwater crawfish tail meat from publication of this notice. All provisions Ltd...... 1.19 the People’s Republic of China (PRC). In of 19 CFR 351.214 will apply to subject All Others Rate ...... 0.0 accordance with 19 CFR 351.214(d), we merchandise exported by Shanghai are initiating reviews for Shanghai De minimis Blessing and produced by Yichang Blessing Trade Co. Ltd. (Shanghai Shilian, and subject merchandise The All Others rate is derived Blessing) and its producer Yichang exported by Shunli and produced by exclusive of all zero and de minimis Shilian Foodstuff Co. Ltd. (Yichang AFCS. margins and margins based entirely on Shilian) and for Dafeng Shunli Import & In accordance with 19 CFR adverse facts available. The All Others Export Co., Ltd. (Shunli) and its 351.214(g)(1)(i)(A), the period of review rate has been amended, and applies to producer Anhui Fuhuang Chaohu (POR) for a new shipper review initiated all entries of the subject merchandise Sanzhen Co., Ltd. (AFCS). in the month immediately following the except for entries from exporters/ EFFECTIVE DATE: November 3, 2004. annual anniversary month is the producers that are identified FOR FURTHER INFORMATION CONTACT: twelve–month period immediately individually above. Matthew Renkey or Scott Fullerton, preceding the annual anniversary Suspension of Liquidation Office 6, Import Administration, month. Therefore, the new shipper International Trade Administration, reviews will have a POR of September In accordance with section 733(d)(2) U.S. Department of Commerce, 14th 1, 2003 through August 31, 2004. of the Act, we are directing CBP not to Street and Constitution Avenue, NW, Shanghai Blessing has identified suspend liquidation of all imports of Washington, DC 20230; telephone: (202) certain circular welded carbon quality Yichang Shilian as the producer of the 482–2312 or (202) 482–1386, subject merchandise for the sale under line pipe from the Republic of Korea respectively. entered, or withdrawn from warehouse, review. In addition, Shunli has for consumption on or after the date of Background identified AFCS as the producer of the subject merchandise for the sale under publication of this amended preliminary The Department received timely determination in the Federal Register. review. We will apply the bonding requests from Shanghai Blessing option under 19 CFR 351.107(b)(1)(i) CBP shall not require a cash deposit or (September 14, 2004) and Shunli the posting of a bond equal to the only to entries of subject merchandise (September 30, 2004), pursuant to from these two exporters for which the weighted–average amount by which the section 751(a)(2)(B) of the Tariff Act of normal value exceeds the export price, respective producers under review are 1930, as amended (the Act), and in the suppliers. as indicated above, because we have accordance with 19 CFR 351.214(c)), for calculated de minimis margins. These new shipper reviews of the antidumping Interested parties may submit instructions not to suspend liquidation duty order on freshwater crawfish tail applications for disclosure of business will remain in effect until further notice. meat from the PRC. proprietary information under administrative protective order in International Trade Commission (ITC) Initiation of Reviews accordance with 19 CFR 351.305 and Notification Pursuant to 19 CFR 351.214(b)(2)(ii) 351.306. In accordance with section 733(f) of and 19 CFR 351.214(b)(2)(iii)(A), in This initiation and notice are in the Act, we have notified the ITC of our their requests for review, Shanghai accordance with section 751(a)(2)(B) of determination of sales at not less than Blessing and Shunli certified that they the Act (19 U.S.C. 1675(a)(2)(B)) and 19 fair value. did not export the subject merchandise CFR 351.214.

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Dated: October 27, 2004. U.S. Department of Commerce, 1401 Building. In addition, a complete Jeffrey A. May, Constitution Avenue NW, Washington, version of the Issues and Decision Deputy Assistant Secretary for Import DC 20230. Memorandum can be accessed directly Administration. SUPPLEMENTARY INFORMATION: on the Web at http://ia.ita.doc.gov/frn/ [FR Doc. E4–2997 Filed 11–2–02; 8:45 am] index.html. The paper copy and Background BILLING CODE 3510–DS–S electronic version of the Issues and On June 3, 2004, the Department Decision Memorandum are identical in published the preliminary results and content. partial rescission of this review. See DEPARTMENT OF COMMERCE Changes Since the Preliminary Results Preliminary Results and Partial International Trade Administration Rescission of Antidumping Duty New Based on the comments received from the interested parties, we have made [A–570–863] Shipper Review: Honey from the People’s Republic of China, 69 FR changes to the margin calculation for Honey from the People’s Republic of 314348 (June 3, 2004) (Preliminary Cheng Du. For the final results, we China; Notice of Final Results and Results). On August 11, 2004, the adjusted the surrogate value used to Final Rescission, In Part, of Department extended the final results of calculate the cost of the raw honey Antidumping Duty New Shipper this new shipper review by 60 days input in order to more accurately reflect Review. until October 25, 2004. See Honey from the range of raw honey prices in India the People’s Republic of China: during the POR. See the Issues and AGENCY: Import Administration, Extension of Time Limit for Final Decision Memorandum at Comment 4, International Trade Administration, Results of Antidumping New Shipper and the Memorandum to the File Department of Commerce. Review, 69 FR 51062 (August 17, 2004). Regarding Final Results of New Shipper SUMMARY: On June 3, 2004, the U.S. We invited parties to comment on the Review of the Antidumping Duty Order Department of Commerce (the Preliminary Results. We received case on Honey from the People’s Republic of Department) published the preliminary briefs from the American Honey China; Analysis Memorandum (October results and partial rescission of the new Producers Association and the Sioux 25, 2004) (Cheng Du Final Analysis shipper review of the antidumping Honey Association (collectively, Memo). order on honey from the People’s petitioners) and from Jinfu PRC on July We continue to calculate surrogate Republic of China (69 FR 314348). The 7, 2004. We received rebuttal briefs from financial ratios for factory overhead review covers one producer/exporter, Cheng Du on July 12, 2004, and from (FOH), selling, general and Cheng Du Wai Yuan Bee Products Co., petitioners on July 16, 2004. Parties did administrative expenses (SG&A), and Ltd. (Cheng Du), and exports of the not request a public hearing. profit using the 2002–2003 annual report from the Mahabaleshwar Honey subject merchandise to the United Scope of the Order States during the period of review (POR) Producers Cooperative (MHPC). of December 1, 2002, through May 31, The products covered are natural However, we adjusted our calculations 2003. honey, artificial honey containing more of the FOH and SG&A ratios. See Issues We have determined that the other than 50 percent natural honey by and Decision Memorandum at Comment exporter that requested a new shipper weight, preparations of natural honey 5 and Cheng Du Final Analysis Memo review for the same POR, Jinfu Trading containing more than 50 percent natural at Attachment 8. Co., Ltd. (Jinfu PRC), failed to honey by weight, and flavored honey. For labor, in the Preliminary Results, demonstrate its entitlement to a new The subject merchandise includes all we used the PRC regression–based wage shipper review. Therefore, we are grades and colors of honey whether in rate at Import Administration’s home rescinding the new shipper review of liquid, creamed, comb, cut comb, or page, Import Library, Expected Wages of Jinfu PRC. chunk form, and whether packaged for Selected NME Countries, revised in Based on our analysis of the record, retail or in bulk form. The merchandise September 2002 and corrected in including factual information obtained under review is currently classifiable February 2003. In September 2004, the since the preliminary results, and of under item 0409.00.00, 1702.90.90, and Expected Wages of Selected NME comments from the interested parties, 2106.90.99 of the Harmonized Tariff Countries was updated. For these Final we have made changes to Cheng Du’s Schedule of the United States (HTSUS). Results, we are using the PRC margin calculations to adjust the Indian Although the HTSUS subheadings are regression–based wage rate in the surrogate values used to value the raw provided for convenience and customs Expected Wages of Selected NME honey input, and to adjust our purposes, the written description of the Countries, revised in September 2004. calculation of the financial ratios and merchandise under review is See Cheng Du Final Analysis Memo at their application in our normal value dispositive. Attachments 3 and 9. calculation. Therefore, the final results Analysis of Comments Received Partial Rescission of New Shipper differ from the preliminary results, and Review we have determined that Cheng Du has All issues raised in the briefs are made sales at less than normal value. addressed in the Issues and Decision We are rescinding the new shipper See ‘‘Final Results of Review’’ section Memorandum, which is hereby adopted review, with respect to Jinfu PRC, below. by this notice. A list of the issues raised, because we have determined that it has all of which are in the Issues and not satisfied all required regulatory and EFFECTIVE DATE: November 3, 2004. Decision Memorandum, is attached to certification requirements for a new FOR FURTHER INFORMATION CONTACT: this notice as Appendix I. Parties can shipper review. For a full discussion of Angelica Mendoza or Brandon find a complete discussion of all issues this issue, see the Issues and Decision Farlander at (202) 482–3019 or (202) raised in the briefs and the Memorandum at Comments 1–3. 482–0182, respectively; Antidumping corresponding recommendations in this In order to qualify for a new shipper Duty/Countervailing Duty Operations, public memorandum which is on file in review under 19 CFR 351.214 of the Office Seven, Import Administration, the Central Records Unit (CRU), room Department’s regulations, a company International Trade Administration, B–099 of the Herbert H. Hoover must provide certifications and

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documentation establishing, among after the publication of this notice in the destruction of APO materials or other things, the date of the first sale to Federal Register. The following cash conversion to judicial protective order is an unaffiliated customer in the United deposit rates shall be required for hereby requested. Failure to comply States. See 19 CFR 351.214(b)(2)(iv)(C) merchandise subject to the order with the regulations and the terms of an of the Department’s regulations. Because entered, or withdrawn from warehouse, APO is a sanctionable violation. Jinfu PRC’s certification (which it for consumption on or after the This new shipper review and notice provided prior to the initiation of the publication date of these final results for are in accordance with sections new shipper review) does not include this new shipper review, as provided for 751(a)(2)(B) and 777(i)(1) of the Act. documentation establishing the date of by section 751(a)(1) of the Tariff Act of Dated: October 25, 2004. 1930, as amended: (1) The cash deposit the first sale to an unaffiliated customer Joseph A. Spetrini, in the United States, Jinfu PRC has rates for Cheng Du (i.e., for subject merchandise both manufactured and Acting Assistant Secretary for Import failed to satisfy the threshold new Administration. shipper certification requirements, and exported by Cheng Du only) and Jinfu is therefore, not entitled to a new PRC (i.e., for subject merchandise Appendix I shipper review. Therefore, we are manufactured by Cixi City Yikang Bee Issues in the Decision Memorandum rescinding this review with respect to Industry Co., Ltd. (Yikang Bee) and Jinfu PRC. Since Jinfu PRC does not exported by Jinfu PRC) will be the rates Comment 1: Submission of New Factual qualify for a separate rate, it is indicated above; (2) the cash deposit Information by Jinfu PRC Comment 2: Relationship between Jinfu considered part of the non–market- rate for PRC exporters who received a PRC and Jinfu Trading (USA), Inc. (Jinfu economy (NME) entity, which was separate rate in a prior segment of the USA) subject to the original investigation and, proceeding will continue to be the rate Comment 3: Bona Fides of the Relevant accordingly, will receive the NME/PRC– assigned in that segment of the U.S. Sale wide rate of 183.80. proceeding; (3) the cash deposit rate for the NME/PRC entity and for subject Comment 4: Calculation of the Surrogate Final Results of New Shipper Review merchandise exported by Cheng Du and Value for Raw Honey Comment 5: Calculation of the Surrogate We determine that the following Jinfu PRC but not manufactured by Financial Ratios antidumping margin percentages exist Cheng Du and Yikang Bee, respectively, during the period of December 1, 2002, will continue to be the NME/PRC- wide [FR Doc. E4–2996 Filed 11–2–04; 8:45 am] through May 31, 2003: rate (i.e., 183.80 percent); and (4) the BILLING CODE 3510–DS–P cash deposit rate for non–PRC exporters Manufacturer/Exporter Weighted–Average of subject merchandise from the PRC Margin (percent) will be the rate applicable to the PRC DEPARTMENT OF COMMERCE exporter/producer that supplied that International Trade Administration Cheng Du Wai Yuan non–PRC exporter. These deposit Bee Products Co., [A–405–803, A–201–834, A–421–811, A–401– Ltd...... 22.03 requirements shall remain in effect until 808] Jinfu Trading Co., Ltd. .. 183.80 publication of the final results of the next administrative review. There are no Purified Carboxymethylcellulose from Assessment of Antidumping Duties changes to the rates applicable to any other companies under this Finland, Mexico, the Netherlands and The Department shall determine, and antidumping duty order. Sweden: Notice of Postponement of U.S. Customs and Border Protection Preliminary Determinations of (CBP) shall assess, antidumping duties Notification to Interested Parties Antidumping Duty Investigations on all appropriate entries. In accordance The Department will disclose AGENCY: Import Administration, with 19 CFR 351.212(b)(1) of the calculations performed in connection International Trade Administration, Department’s regulations, we have with these final results of review within Department of Commerce. calculated an exporter/importer specific five days of the date of publication of assessment rate for merchandise subject this notice in accordance with 19 CFR ACTION: Notice of Postponement of to this review. The Department will 351.224(b) of its regulations. This notice Preliminary Antidumping Duty issue appropriate assessment serves as a final reminder to importers Determinations. instructions directly to CBP within 15 of their responsibility under 19 CFR SUMMARY: The Department of Commerce days of publication of the final results 351.402(f) to file a certificate regarding (the Department) is postponing the of review. We will direct CBP to assess the reimbursement of antidumping preliminary determinations of the the resulting assessment rates against duties prior to liquidation of the antidumping duty investigations on the entered customs values for the relevant entries during this review purified carboxymethylcellulose (CMC) subject merchandise on each of the period. Failure to comply with this from Finland, Mexico, the Netherlands importer’s/customer’s entries during the requirement could result in the and Sweden. These investigations cover review period. For assessment purposes Secretary’s presumption that manufacturers and exporters of the for the sale by Jinfu PRC, which we have reimbursement of antidumping duties subject merchandise to the United determined is part of the NME/PRC occurred and subsequent assessment of States during the period April 1, 2003 entity, we are applying the NME/PRC– double antidumping duties. through March 31, 2004. As a result of This notice also serves as a reminder wide rate of 183.80 percent. this extension, the deadline for issuing to parties subject to administrative the preliminary determinations in these Cash Deposit Requirements protective order (APO) of their investigations is now December 16, Bonding will no longer be permitted responsibility concerning the 2004. to fulfill security requirements for disposition of proprietary information shipments from Cheng Du and Jinfu disclosed under APO in accordance EFFECTIVE DATE: November 3, 2004. PRC of honey from the PRC entered, or with section 351.305(a)(3) of the FOR FURTHER INFORMATION CONTACT: withdrawn from warehouse, for Department’s regulations. Timely Brian Sheba (Finland) at (202) 482– consumption in the United States on or written notification of the return/ 0145, Mark Flessner (Mexico) at (202)

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482–6312, John Drury (Sweden) at (202) DEPARTMENT OF COMMERCE National Strategic Initiative in Aquatic 482–0195, or Angelica Mendoza (the Invasive Species Research and Outreach Netherlands) at (202) 482–3019; AD/ National Oceanic and Atmospheric program remains the same. CVD Operations, Office 7, Import Administration FOR FURTHER INFORMATION CONTACT: Administration, International Trade [Docket No.: 030602141–4296–13] Dorn Carlson, 301–713–2435 ext. 123; e- Administration, U.S. Department of mail: [email protected]. For Commerce, 14th Street and Constitution Omnibus Notice Announcing the questions regarding electronic Avenue NW, Washington, DC 20230. Availability of Grant Funds for Fiscal Year 2005; Addendum Additional submissions contact Jonathan Eigen at SUPPLEMENTARY INFORMATION: Programs; National Sea Grant College 301–713–2438 ext. 188 or [email protected]. Background Program; Ballast Water Technology Demonstration Program and National SUPPLEMENTARY INFORMATION: NOAA On June 30, 2004, the Department Strategic Initiative in Aquatic Invasive publishes this notice to extend an initiated antidumping duty Species Research and Outreach application deadline for the Ballast investigations of purified CMC from AGENCY: National Sea Grant College Water Technology Demonstration Finland, Mexico, the Netherlands and Program, Office of Oceanic and Program and the National Strategic Sweden for the period April 1, 2003 Atmospheric Research, National Initiative in Aquatic Invasive Species through March 31, 2004. See Initiation Oceanic and Atmospheric Research and Outreach initiated by the of Antidumping Duty Investigations: Administration, Department of NSGO. The original solicitation of Purified Carboxymethylcellulose (CMC) Commerce. applications was published in the from Finland, Mexico, the Netherlands ACTION: Notice; extension of deadlines. Federal Register on July 14, 2004 (69 FR and Sweden, 69 FR 40617–40621 (July 42132). 6, 2004). The notice stated that the DATES: For the Ballast Water Technology For the Ballast Water Technology Department would issue its preliminary Demonstration Program, the application Demonstration Program, NOAA determinations no later than 140 days deadlines are as follows: Full proposals announces that the date by which all after the date of initiation, or November must be received by the National Sea 16, 2004, unless this deadline is Grant Office by 4 p.m. e.s.t. on full proposals must be received by the extended. November 30, 2004. National Sea Grant Office has been For the National Strategic Initiative in changed from November 16, 2004 to Postponement of Preliminary Aquatic Invasive Species Research and November 30, 2004. Determinations Outreach, the application deadlines are For the National Strategic Initiative in Pursuant to section 733(c)(1)(A) of the as follows: Full proposal must be Aquatic Invasive Species Research and Tariff Act of 1930, as amended (the received by a state Sea Grant Program Outreach, the date by which full Tariff Act) and 19 CFR 351.205(e), on (or by the National Sea Grant Office in proposals must be forwarded by State October 25, 2004, the petitioners filed a the case of an applicant in a non-Sea Sea Grant Programs to the National Sea request that the Department postpone Grant state) by 4 p.m. (local time) on Grant Office has been changed from the purified CMC preliminary November 16, 2004. State Sea Grant November 23, 2004 to December 1, Programs are to forward all full determinations for Finland, Mexico, the 2004. The reason for these changes is to proposals received by the above Netherlands and Sweden. The aid the PI’s and the Sea Grants programs deadline to the National Sea Grant petitioners’ request for postponement in the transition to electronic grant Office by 4 p.m. e.s.t. on December 1, submission through Grants.gov. All was timely, and the Department finds 2004. no compelling reason to deny the other application deadlines remain the request. ADDRESSES: The full notices can be same. found at: http://fedgrants.gov/ The Federal Funding Opportunity Therefore, in accordance with section Applicants/DOC/NOAA/GMC/ (FFO) notice has been modified to 733(c)(1)(A) of the Tariff Act, the 11417BWTDP07142004/ reflect these changes. In addition, the Department is postponing the deadline Attachments.html#upl. http:// for issuing the preliminary fedgrants.gov/Applicants/DOC/NOAA/ FFO has been amended to allow determinations of these investigations GMC/11417Invasive071404/Attach#upl. proposal submission to these two by 30 days, or until December 16, 2004. SUMMARY: The National Oceanic and programs electronically through http:// This notice is published pursuant to Atmospheric Administration (NOAA) www.grants.gov. section 733(c)(2) of the Tariff Act and 19 publishes this notice to extend the This program is excluded under E.O. CFR 351.205(f). application deadline for the Ballast 12372. Water Technology Demonstration Dated: October 29, 2004. Dated: October 27, 2004. Program and the date by which Sea James J. Jochum, Grant Programs must forward received Louisa Koch, Assistant Secretary for Import applications for the National Strategic Deputy Assistant Administrator, Office of Administration. Initiative in Aquatic Invasive Species Oceanic and Atmospheric Research, National [FR Doc. E4–2999 Filed 11–2–04; 8:45 am] Research and Outreach to the National Oceanic and Atmospheric Administration. [FR Doc. 04–24536 Filed 11–2–04; 8:45 am] BILLING CODE 3510–DS–S Sea Grant Office (NSGO). This extension is being granted to ease the transition to BILLING CODE 3510–KA–P electronic grants submissions through the Grants.gov portal. The deadline for applications from PI’s to the state Sea Grant Office (or to the National Sea Grant Office in the case of an applicant in a non-Sea Grant state) for the

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DEPARTMENT OF COMMERCE the National Sea Grant Office has been November 16, 2004. State Sea Grant changed from November 16, 2004, to Programs must submit to the NSGO all National Oceanic and Atmospheric December 1, 2004, to allow more time full proposals by 4 p.m. EST on Administration for the Sea Grant programs to forward December 1, 2004. [Docket No.: 030602141–4295–12] proposals to the National Sea Grant ADDRESSES: The full notice can be found College Office. at: http://fedgrants.gov/Applicants/ Availability of Grant Funds for Fiscal This extension is being granted to DOC/NOAA/GMC/11417Oyster% Year 2005; Sea Grant B The Gulf of ease the transition to electronic grants 26%23032%3BDisease063004/ Mexico Oyster Industry Program submissions through the Grants.gov Attachments.html#upload3308. portal. The application deadline for PI’s FOR FURTHER INFORMATION CONTACT: AGENCY: National Sea Grant College to the state Sea Grant program remains Program, Office of Oceanic and Jonathan Eigen, 301–713–2438 ext. 188; the same. e-mail: [email protected]. Atmospheric Research, National In addition, the FFO has been Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: NOAA modified to permit the submission of publishes this notice to extend an Administration, Department of Electronic Applications through the Commerce. application deadline for the Oyster Grants.gov Web site and to reduce the Disease Research Program initiated by ACTION: Notice; extension of Sea Grant number of copies required for paper the NSGO. The original solicitation of Programs forwarding applications. submission. applications was published in the SUMMARY: The National Oceanic and Dated: October 29, 2004. Federal Register on June 30, 2004 (69 Atmospheric Administration (NOAA) Louisa Koch, FR 39417). publishes this notice to extend the date Deputy Assistant Administrator, OAR, The date by which the state Sea Grant by which Sea Grant Programs must National Oceanic and Atmospheric Office must forward full applications to forward applications for the Gulf of Administration. the National Sea Grant Office has been Mexico Oyster Industry Program to the [FR Doc. 04–24537 Filed 11–2–04; 8:45 am] changed from November 16, 2004 to National Sea Grant Office (NSGO). The BILLING CODE 3510–KA–P December 1, 2004 to allow more time for submission date for forwarding the Sea Grant programs to forward applications has been changed to allow proposals to the National Sea Grant more time for the Sea Grant programs to DEPARTMENT OF COMMERCE College Office. forward proposals to the National Sea This extension is being granted to Grant College Office. This extension is National Oceanic and Atmospheric ease the transition to electronic grants being granted to ease the transition to Administration submissions through the Grants.gov portal. The application deadline for PI’s electronic grants submissions through [Docket No.: 030602141–4294–11] the Grants.gov portal. The application to the state Sea Grant program remains deadline for PI’s to the state Sea Grant Availability of Grant Funds for Fiscal the same. program remains the same. Year 2005; Sea Grant B The Oyster In addition, the FFO has been modified to permit the submission of DATES: The new Preapplication/ Disease Research Program Electronic Applications through the Application Deadline is as follows: Full AGENCY: National Sea Grant College Grants.gov Web site. proposals must be received by a state Program, Office of Oceanic and Sea Grant Program (or by the National Dated: October 28, 2004. Atmospheric Research, National Louisa Koch, Sea Grant Office (NSGO) in the case of Oceanic and Atmospheric an applicant in a non-Sea Grant state) by Deputy Assistant Administrator, OAR, Administration, Department of National Oceanic and Atmospheric 4 p.m. (local time) on November 16, Commerce. 2004. State Sea Grant Programs must Administration. forward all full proposals to the NSGO ACTION: Notice; Extension of Sea Grant [FR Doc. 04–24535 Filed 11–2–04; 8:45 am] by 4 p.m. e.s.t. on December 1, 2004. Programs Forwarding Applications. BILLING CODE 3510–KA–P ADDRESSES: The FFO can be found at SUMMARY: The National Oceanic and http://fedgrants.gov/Applicants/DOC/ Atmospheric Administration (NOAA) DEPARTMENT OF COMMERCE NOAA/GMC/ publishes this notice to extend the date 11417MexicoOyster063004/listing.html. by which Sea Grant Programs must National Oceanic and Atmospheric The full notice can be found at: http:/ forward applications for the Oyster Administration / Disease Research Program to the fedgrants.gov/Applicants/DOC/NOAA/ National Sea Grant Office (NSGO). The National Sea Grant Review Panel GMC/11417MexicoOyster063004/ submission date for forwarding listing.html. AGENCY: National Oceanic and applications has been changed to allow Atmospheric Administration, FOR FURTHER INFORMATION CONTACT: more time for the Sea Grant programs to Commerce. Jonathan Eigen, 301–713–2438 ext. 188; forward proposals to the National Sea ACTION: Notice of public meeting. e-mail: [email protected]. Grant College Office. This extension is SUPPLEMENTARY INFORMATION: NOAA being granted to ease the transition to SUMMARY: This notice sets forth the publishes this notice to extend an electronic grants submissions through schedule and proposed agenda of a application deadline for the Gulf of the Grants.gov portal. The application forthcoming meeting of the Sea Grant Mexico Oyster Industry Program deadline for PI’s to the state Sea Grant Review Panel. The meeting will have initiated by the NSGO. The original program remains the same. several purposes. Panel members will solicitation of applications was DATES: Full proposals must be received discuss and provide advice on the published in the Federal Register on by a state Sea Grant Program (or by the National Sea Grant College Program in June 30, 2004 (69 FR 39417). National Sea Grant Office (NSGO) in the the areas of program evaluation, The date by which the state Sea Grant case of an applicant in a non-Sea Grant strategic planning, education, Office must forward full applications to state) by 4 p.m. (local time) on communications and extension, science

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and technology programs, and other Ocean Commission Report. Affected Public: Individuals or matters as described below: 1 p.m.—Ocean Commission Report— households; business or other for-profit; DATES: The announced meeting is Developing a Sea Grant Strategy: A not-for-profit institutions; and the scheduled during two days: Wednesday, Panel Discussion. Federal Government. November 17, 2 p.m. to 6 p.m.; 2 p.m.—NSGO Staff Updates. Frequency: On occasion. Thursday, November 18, 8:45 a.m. to 3 2:45 p.m.—Wrap-Up. Respondent’s Obligation: Required to 3 p.m.—Adjourn. p.m. obtain or retain benefits. This meeting will be open to the OMB Desk Officer: David Rostker, ADDRESSES: On November 17th, St. public. Gregory Hotel, 2033 M Street, (202) 395–3897. Northwest, Washington, DC 20036. On Dated: October 29, 2004. Copies of the above information November 18th, Sea Grant Association Louisa Koch, collection proposal can be obtained by Office, 1201 New York Avenue, Deputy Assistant Administrator, Office of any of the following methods: • E-mail: [email protected]. Northwest, 4th Floor Conference Room, Oceanic and Atmospheric Research. Include ‘‘0651–0030 copy request’’ in Washington, DC 20005. [FR Doc. 04–24538 Filed 11–2–04; 8:45 am] the subject line of the message. BILLING CODE 3510–KA–P FOR FURTHER INFORMATION CONTACT: Dr. • Fax: 703–308–7407, marked to the Francis M. Schuler, Designated Federal attention of Susan Brown. Official, National Sea Grant College • DEPARTMENT OF COMMERCE Mail: Susan K. Brown, Records Program, National Oceanic and Officer, Office of the Chief Information Atmospheric Administration, 1315 East- Patent and Trademark Office Officer, Office of Data Architecture and West Highway, Room 11837, Silver Services, Data Administration Division, Spring, Maryland 20910, (301) 713– Submission for OMB Review; U.S. Patent and Trademark Office, P.O. 2445. Comment Request Box 1450, Alexandria, Virginia 22313– SUPPLEMENTARY INFORMATION: The Panel, The United States Patent and 1450. which consists of a balanced Trademark Office (USPTO) has Written comments and representation from academia, industry, submitted to the Office of Management recommendations for the proposed state government and citizens groups, and Budget (OMB) for clearance the information collection should be sent on was established in 1976 by Section 209 following proposal for collection of or before December 3, 2004 to David of the Sea Grant Improvement Act information under the provisions of the Rostker, OMB Desk Officer, Room (Public Law 94–461, 33 U.S.C. 1128). Paperwork Reduction Act (44 U.S.C. 10202, New Executive Office Building, The Panel advises the Secretary of Chapter 35). Washington, DC 20503. Commerce and the Director of the Agency: United States Patent and Dated: October 28, 2004. National Sea Grant College Program Trademark Office (USPTO). Susan K. Brown, with respect to operations under the Title: Disclosure Document Program. Records Officer, USPTO, Office of Data Act, and such other matters as the Form Number(s): PTO/SB/95. Architecture and Services, Data Secretary refers to them for review and Agency Approval Number: 0651– Administration Division. 0030. advice. The agenda for the meeting is as [FR Doc. 04–24511 Filed 11–2–04; 8:45 am] follows: Type of Request: Revision of a currently approved collection. BILLING CODE 3510–16–P Wednesday, November 17, 2004 Burden: 4,445 hours annually. Number of Respondents: 22,225 2 p.m.–6 p.m. DEPARTMENT OF COMMERCE 2 p.m.—Welcoming and Opening responses per year. Avg. Hours Per Response: The USPTO Remarks. Patent and Trademark Office 2:15 p.m.—Executive Committee estimates that it will take 12 minutes [Docket No. 2004–C–048] Report. (0.20 hours) to submit a Disclosure Document Deposit Request. This 2:30 p.m.—National Sea Grant Office Performance Review Board (PRB) (NSGO) Director Report. includes time to gather the necessary 3:30 p.m.—NOAA Research Update. information, create the documents, and AGENCY: United States Patent and 4 p.m.—Break. submit the completed request. Trademark Office, Commerce. 4:15 p.m.—Communications Report Needs and Uses: An applicant files a disclosure document deposit request to ACTION: Notice; Update membership list Discussion. of the United States Patent and 5:30 p.m.—NOAA’s Program establish a date of conception for an invention. When the USPTO receives a Trademark Office Performance Review Planning, Budget and Execution Board. System. request for disclosure document deposit, an identifying number is 6 p.m.—Adjourn. SUMMARY: In conformance with the Civil assigned and stamped on the document. Thursday, November 18, 2004 Service Reform Act of 1978, 5 U.S.C. The document is then filed. The 4314(c)(4), the United States Patent and 9 a.m.–3 p.m. information is used by the USPTO to Trademark Office announces the 9 a.m.—NOAA’s Climate Change establish the date of conception for an appointment of persons to serve as Science Programs. invention. The USPTO keeps a members of its Performance Review 9:30 a.m.—NOAA’s Coastal Programs disclosure document for only two years, Board. and the Integrated Ocean Observing unless it is referred to in a related System. provisional or non-provisional patent ADDRESSES: Operations Manager, Office 10 a.m.—Update/Recommendations application filed within the two-year of Human Resources, United States from Program Evaluation. period. The disclosure document is not Patent and Trademark Office, PO Box 10:30 a.m.—Congressional Committee a patent application, and the date of its 1450, Alexandria, VA 22313–1450. Updates. receipt in the USPTO will not become FOR FURTHER INFORMATION CONTACT: 11:30 p.m.—Lunch. the effective filing date of any patent Valencia Martin-Wallace at (703) 305– 12:30 p.m.—Universities and the application subsequently filed. 8062.

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SUPPLEMENTARY INFORMATION: The Square, 401 F Street, NW., Washington, BACKGROUND: membership of the United States Patent DC 20001–2728. Items of discussion The textile and apparel safeguard and Trademark Office Performance affecting the appearance of Washington, provision of the Accession Agreement Review Board is as follows: DC, may include buildings, parks and provides for the United States and other Stephen M. Pinkos, Chair, Deputy memorials. members of the World Trade Under Secretary of Commerce for Draft agendas and additional Organization that believe imports of Intellectual Property and Deputy information regarding the Commission Chinese origin textile and apparel Director of the United States Patent are available on our Web Site http:// products are, due to market disruption, and Trademark Office, United States www.cfa.gov. Inquiries regarding the threatening to impede the orderly Patent and Trademark Office, P.O. agenda and requests to submit written development of trade in these products Box 1450, Alexandria, VA 2213–1450, or oral statements should be addressed to request consultations with China Term expires September 30, 2006 to Frederick J. Lindstrom, Acting with a view to easing or avoiding the Jo-Anne D. Barnard, Vice Chair, Chief Secretary, Commission of Fine Arts, at disruption. Pursuant to this provision, if Financial Officer and Chief the above address or call 202–504–2200. the United States requests consultations Administrative Officer, United States Individuals requiring sign language with China, it must, at the time of the Patent and Trademark Office, P.O. interpretation for the hearing impaired request, provide China with a detailed Box 1450, Alexandria, VA 22313– should contact the Secretary at least 10 factual statement showing ‘‘(1) the 1450, Term expires September 30, days before the meeting date. existence or threat of market disruption; 2005 Dated in Washington, DC, 27 October 2004. and (2) the role of products of Chinese Nicholas Godici, Commissioner for Frederick J. Lindstrom, origin in that disruption.’’ Beginning on Patents, United States Patent and Acting Secretary. the date that it receives such a request, Trademark Office, P.O. Box 1450, [FR Doc. 04–24512 Filed 11–2–04; 8:45 am] China must restrict its shipments to the Alexandria, VA 22313–1450, Term United States to a level no greater than BILLING CODE 6330–01–M expires September 30, 2005 7.5 percent (6 percent for wool product Lynne Beresford, Deputy Commissioner categories) above the amount entered for Trademark Policy, United States during the first 12 months of the most Patent and Trademark Office, P.O. COMMITTEE FOR THE recent 14 months preceding the month Box 1450, Alexandria, VA 22313– IMPLEMENTATION OF TEXTILE in which the request was made. If 1450, Term expires September 30, AGREEMENTS exports from China exceed that amount, 2005 the United States may enforce the Ronald Hack, Acting Chief Information Solicitation of Public Comments on restriction. Officer, United States Patent and Request for Textile and Apparel The Committee has published Trademark Office, P.O. Box 1450, Safeguard Action on Imports from procedures (the Procedures) it follows Alexandria, VA 22313–1450, Term China in considering requests for Accession expires September 30, 2005 Agreement textile and apparel safeguard James Toupin, General Counsel, United October 29, 2004. actions (68 FR 27787, May 21, 2003; 68 States Patent and Trademark Office, AGENCY: The Committee for the FR 49440, August 18, 2003), including P.O. Box 1450, Alexandria, VA Implementation of Textile Agreements the information that must be included 22313–1450, Term expires September (the Committee) in such requests in order for the 30, 2006 ACTION: Solicitation of public comments Committee to consider them. Lois E. Boland, Director of International concerning a request for safeguard On October 8, 2004, the Requestors Relations, United States Patent and action on imports from China of cotton asked the Committee to impose an Trademark Office, P.O. Box 1450, trousers (Category 347/348). Accession Agreement textile and Alexandria, VA 22313–1450, Term apparel safeguard action on imports expires September 30, 2005 SUMMARY: The Committee has received a from China of cotton trousers (Category Andrew B. Maner, Chief Financial request from the American 347/348) on the ground that an Officer, Department of Homeland Manufacturing Trade Action Coalition, anticipated increase in cotton trouser Security, 301–7th Street, SW., Room the National Council of Textile imports after January 1, 2005, threatens 4905, Washington, DC 20528, Term Organizations, the National Textile to disrupt the U.S. market for cotton expires September 30, 2006 Association, SEAMS, and UNITE HERE! trousers. The request is available at Dated: October 29, 2004. (Requestors) asking the Committee to http://otexa.ita.doc.gov. In light of the Jon W. Dudas, limit imports from China of cotton considerations set forth in the Procedures, the Committee has Under Secretary of Commerce for Intellectual trousers in accordance with the textile Property and Director of the United States and apparel safeguard provision of the determined that the Requestors have Patent and Trademark Office. Working Party on the Accession of provided the information necessary for [FR Doc. 04–24554 Filed 11–2–04; 8:45 am] China to the World Trade Organization the Committee to consider the request. The Committee is soliciting public BILLING CODE 3510–16–P (the Accession Agreement). The Committee hereby solicits public comments on the request, in particular comments on this request. with regard to whether there is a threat of disruption to the U.S. market for FOR FURTHER INFORMATION CONTACT: COMMISSION OF FINE ARTS Jay cotton trousers and, if so, the role of Dowling, Office of Textiles and Apparel, Notice of Meeting Chinese-origin cotton trousers in that U.S. Department of Commerce, (202) disruption. To this end, the Committee The next meeting of the Commission 482-4058. seeks relevant information addressing of Fine Arts is scheduled for 18 SUPPLEMENTARY INFORMATION: factors such as the following, which November 2004 at 10 a.m. in the Authority: Section 204 of the Agriculture may be relevant in the particular Commission’s offices at the National Act of 1956, as amended; Executive Order circumstances of this case, involving a Building Museum, Suite 312, Judiciary 11651, as amended. product under a quota that will be

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removed on January 1, 2005: (1) confidential information is provided, Inc., containing a civil penalty of Whether cotton trouser imports from two copies of a non-confidential version $1,400,000. China are entering, or are expected to must also be provided in which DATES: Any interested person may ask enter, the United States at prices that are business confidential information is the Commission not to accept this substantially below prices of the like or summarized or, if necessary, deleted. agreement or otherwise comment on its directly competitive U.S. product, and Comments received, with the exception contents by filing a written request with whether those imports are likely to have of information marked ‘‘business the Office of the Secretary by November a significant depressing or suppressing confidential’’, will be available for 18, 2004. effect on domestic prices of the like or inspection between Monday - Friday, directly competitive U.S. product or are 8:30 a.m and 5:30 p.m in the Trade ADDRESSES: Persons wishing to likely to increase demand for further Reference and Assistance Center Help comment on this Settlement Agreement imports from China; (2) Whether exports Desk, Suite 800M, USA Trade should send written comments to the of Chinese-origin cotton trousers to the Information Center, Ronald Reagan Comment 05–C0003, Office of the United States are likely to increase Building, 1300 Pennsylvania Avenue, Secretary, Consumer Product Safety substantially and imminently (due to NW, Washington, DC, (202) 482-3433. Commission, Washington, DC 20207. existing unused production capacity, The Committee will make a FOR FURTHER INFORMATION CONTACT: due to capacity that can easily be shifted determination within 60 calendar days Dennis C. Kacoyanis, Trial Attorney, from the production of other products to of the close of the comment period as Office of Compliance, Consumer the production of cotton trousers, or due to whether the United States will Product Safety Commission, to an imminent and substantial increase request consultations with China. If the Washington, DC 20207; telephone (301) in production capacity or investment in Committee is unable to make a 504–7587. production capacity), taking into determination within 60 calendar days, SUPPLEMENTARY INFORMATION: The text of account the availability of other markets it will cause to be published a notice in the Agreement and Order appears to absorb any additional exports; (3) the Federal Register, including the date below. Whether Chinese-origin cotton trousers by which it will make a determination. that are presently sold in the Chinese If the Committee makes a negative Dated: October 28, 2004. market or in third-country markets will determination, it will cause this Todd A. Stevenson, be diverted to the U.S. market in the determination and the reasons therefore Secretary. imminent future (for example, due to to be published in the Federal Register. Settlement Agreement and Order more favorable pricing in the U.S. If the Committee makes an affirmative market or to existing or imminent determination that imports of Chinese 1. This Settlement Agreement is made import restraints into third country origin cotton trousers threaten to disrupt by and between the staff (‘‘the staff’’) of markets); (4) The level and the extent of the U.S. market, the United States will the U.S. Consumer Product Safety any recent change in inventories of request consultations with China with a Commission (‘‘the Commission’’) and cotton trousers in China or in U.S. view to easing or avoiding the Dynacraft BSC, Inc., formally known as bonded warehouses; (5) Whether disruption. Dynacraft Industries, Inc. (‘‘Dynacraft’’ conditions of the domestic industry of or ‘‘Respondent’’), a corporation, in the like or directly competitive product James C. Leonard III, accordance with 16 CFR 1118.20 of the demonstrate that market disruption is Chairman, Committee for the Implementation Commission’s Procedures for likely (as may be evident from any of Textile Agreements. Investigations, Inspections, and anticipated factory closures or decline [FR Doc. 04–24653 Filed 11–1–04; 1:31 pm] Inquiries under the Consumer Product in investment in the production of BILLING CODE 3510–DS–S Safety Act (‘‘CPSA’’). This Settlement cotton trousers), and whether actual or Agreement and the incorporated anticipated imports of Chinese-origin attached Order settle the staff’s cotton trousers are likely to affect the CONSUMER PRODUCT SAFETY allegations set forth below. development and production efforts of COMMISSION the U.S. cotton trouser industry; and (6) I. The Parties Whether U.S. managers, retailers, [CPSC Docket No. 05–C0003] 2. The Commission is an independent purchasers, importers, or other market federal regulatory agency responsible for participants have recognized Chinese Dynacraft BSC, Inc., a Massachusetts the enforcement of the Consumer producers of cotton trousers as potential Corporation, Formally Known as Product Safety Act, 15 U.S.C. 2051 et suppliers (for example, through pre- Dynacraft Industries, Inc., Provisional seq. qualification procedures or framework Acceptance of a Settlement Agreement 3. Dynacraft is a corporation agreements). and Order organized and existing under the laws of Comments may be submitted by any the Commonwealth of Massachusetts AGENCY: Consumer Product Safety interested person. Comments must be with its principal corporate offices Commission. received no later than December 3, located at 2550 Kerner Boulevard, San 2004. Interested persons are invited to ACTION: Notice. Rafael, CA 94901. Dynacraft imports submit ten copies of such comments to bicycle products from China for sale in SUMMARY: It is the policy of the the Chairman, Committee for the the United States. Implementation of Textile Agreements, Commission to publish settlements Room 3001A, U.S. Department of which it provisionally accepts under the II. Allegations of the Staff Consumer Product Safety Act in the Commerce, 14th and Constitution A. Vertical XL2 Mountain Bicycle Avenue N.W., Washington, DC 20230. Federal Register in accordance with the The Committee will protect any terms of 16 CFR 1118.20. Published 4. In July 1999, Respondent business confidential information that is below is a provisionally-accepted manufactured for nationwide marked ‘‘business confidential’’ from Settlement Agreement with Dynacraft distribution 3,562 Vertical XL2, 26″ disclosure to the full extent permitted BSC, Inc., a Massachusetts corporation, Mountain Bicycles, Model Number by law. To the extent that business formally known as Dynacraft Industries, 8526–26. Respondent also manufactured

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the JY906 bicycle fork (‘‘fork’’) and product hazard or created an 90, 8504–96, 8548–78, and 8548–94 incorporated it into these bicycles. unreasonable risk of serious injury or bicycles’ forks had broken apart during 5. The bicycles described in death, but failed to report such normal and foreseeable use of the paragraph 4 above are sold and/or are information in a timely manner to the bicycles, causing riders to lose control used by consumers in or around a Commission as required by sections and fall to the ground. The permanent or temporary household or 15(b)(2) and (3) of the CPSA, 15 U.S.C. manufacturing dates of the bicycles residence, a school, in recreation, or 2064(b) and (c). ranged from July 1999 to October 1999. otherwise and are therefore, ‘‘consumer 11. By failing to provide the Respondent had learned of several products’’ as defined in section 3(a)(1) information to the Commission in a injuries in these incidents including of the Consumer Product Safety Act timely manner as required by section concussions, fractures, abrasions, back (CPSA), 15 U.S.C. 2052(a)(1). 15(b) of the CPSA, 15 U.S.C. 2064(b), strain, and chipped and lost teeth. Respondent was a ‘‘manufacturer’’ of Dynacraft violated section 19(a)(4) of the 18. In each of the instances described the bicycles described in paragraph 4, CPSA, 15 U.S.C. 2068(a)(4). in paragraphs 13 through 17 above, which were ‘‘distributed in commerce’’ 12. Dynacraft committed this failure Dynacraft obtained information which as those terms are defined in sections to timely report to the Commission reasonably supported the conclusion 3(a)(4), (11), and (12) of the CPSA, 15 ‘‘knowingly’’ as the term ‘‘knowingly’’ is that the bicycles’ forks described above U.S.C. 2052(a)(4), (11), and (12). defined in section 20(d) of the CPSA, 15 contained a defect which would create 6. Some of the front suspension forks U.S.C. 2069(d), thus, subjecting a substantial product hazard or created for these bicycles had defective welds Dynacraft to civil penalties under an unreasonable risk of serious injury or that allegedly broke apart during normal section 20 of the CPSA, 15 U.S.C. 2069. death, but failed to report such and foreseeable use of the bicycles. The information in a timely manner to the B. Magna Electroshock Mountain flaws in these forks are ‘‘defects’’ under Commission as required by sections Bicycle section 15 of the CPSA, 15 U.S.C. 2064. 15(b)(2) and (3) of the CPSA, 15 U.S.C. 7. If the fork breaks during use, it may 13. Between July 1999 and October 2064(b) and (c). cause the rider to lose control, fall and 1999, Respondent manufactured for 19. By failing to provide the suffer serious injuries such as facial nationwide distribution 21,888 Magna information to the Commission in a abrasions, concussions, other head Electroshock 24″ and 26″ Mountain timely manner as required by section injuries, chipped or lost teeth, broken Bicycles, Model Numbers 8504–90, 15(b) of the CPSA, 15 U.S.C. 2064(b), bones, and lacerations requiring sutures. 8504–96, 8548–78, and 8548–94. Dynacraft violated section 19(a)(4) of the Death is also possible. Respondent also manufactured the CPSA, 15 U.S.C. 2068(a)(4). 8. On or about February 29, 2000, JY906 fork (‘‘fork’’) and incorporated it 20. Dynacraft committed this failure Respondent announced the recall of into these bicycles. to timely report to the Commission 19,000 Vertical XL2 Bicycles, Model No. 14. The bicycles described in ‘‘knowingly’’ as the term ‘‘knowingly’’ is 8526–26 with a manufacturing date of paragraph 13 above were sold to and/or defined in section 20(d) of the CPSA, 15 October 11, 1999. At the time, the firm are used by consumers in or around a U.S.C. 2069(d), thus, subjecting was aware of at least two failures of the permanent or temporary household or Dynacraft to civil penalties under bicycles with a manufacturing date of residence, a school, in recreation, or section 20 of the CPSA, 15 U.S.C. 2069. July 1999, but did not provide that otherwise and are, therefore, ‘‘consumer information to the Commission staff. In products’’ as defined in section 3(a)(1) C. Next Shockzone Mountain Bicycle the staff’s letter of February 14, 2000 of the Consumer Product Safety Act 21. From September 1999 through accepting Respondent’s corrective (CPSA), 15 U.S.C. 2052(a)(1). March 2001, Dynacraft manufactured for action plan, the staff said, ‘‘If the firm Respondent was a ‘‘manufacturer’’ of nationwide distribution about 38,000 [Respondent] receives or learns of any the bicycles described in paragraph 13, Next Shockzone 20″ Boys’ Mountain information concerning other incidents which were ‘‘distributed in commerce’’ Bicycles, Model Number 8536–33. The or injuries, or information affecting the as those terms are defined in sections bicycle’s color was orange. Respondent scope, prevalence or seriousness of the 3(a)(4), (11), and (12) of the CPSA, 15 also manufactured the JY906 fork reported problem, it must report to [the U.S.C. 2052(a)(4), (11), and (12). (‘‘fork’’) and incorporated it into these Office of Compliance] immediately.’’ 15. Some of the bicycles bicycles. 9. Between January 2000 and July manufactured from July 1999 through 22. The bicycles described in 2000, Respondent received five incident October 1999 had forks that were paragraph 21 above were sold to and/or reports involving Vertical XL2, Model allegedly not properly welded and are used by consumers in or around a 8526–26 bicycles’ forks allegedly could break apart during normal and permanent or temporary household or breaking part during normal and reasonably foreseeable use of the residence, a school, in recreation, or foreseeable use of the bicycles, causing bicycles. These flaws in the forks otherwise, and are, therefore, riders to lose control and fall to the constituted ‘‘defects’’ within the ‘‘consumer products’’ as defined in ground. These bicycles had a meaning of section 15 of the CPSA, 15 section 3(a)(1) of the Consumer Product manufacturing date of July 1999. U.S.C. 2064. Safety Act (CPSA), 15 U.S.C. 2052(a)(1). Dynacraft knew about injuries including 16. If the fork breaks during use, it Respondent was a ‘‘manufacturer’’ of broken and lost teeth, fractures, and could cause the rider to lose control, fall the bicycles described in paragraph 21, lacerations requiring sutures. Dynacraft and suffer injuries such as facial which were ‘‘distributed in commerce’’ did not report this pattern of defect to abrasions, concussions, other head as those terms are defined in sections the Commission until on or about July injuries, broken or lost teeth, broken 3(a)(4), (11), and (12) of the CPSA, 15 26, 2000. bones, and lacerations requiring sutures. U.S.C. 2052(a)(4), (11), and (12). 10. Before July 26, 2000, Dynacraft Death is also possible. 23. Some of the forks of these bicycles had obtained information which 17. Between January 8, 2000 and could break apart during normal and reasonably supported the conclusion August 4, 2000, the date of Dynacraft’s reasonably foreseeable use of the that the bicycles’ forks described in report to the Commission, Dynacraft had bicycles. The flaws in the forks paragraph 4 above contained a defect received 35 reports alleging that the constitute ‘‘defects’’ under section 15 of which could create a substantial Magna Electroshock, Model Nos. 8504– the CPSA, 15 U.S.C. 2064.

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24. If the fork breaks during use, it for nationwide distribution about 38. Dynacraft committed this failure could cause a rider to lose control, fall, 132,000 Next Ultra Shock Mountain to timely report to the Commission and suffer serious injuries such as facial Bicycles. Respondent also manufactured ‘‘knowingly’’ as the term ‘‘knowingly’’ is abrasions, concussions, other head the Ballistic 105 bicycle fork (‘‘fork’’) defined in section 20(d) of the CPSA, 15 injuries, broken or lost teeth, broken and incorporated it into these bicycles. U.S.C. 2069(d), thus, subjecting bones, and lacerations requiring sutures. 31. The bicycles described in Dynacraft to civil penalties under Death is also possible. paragraph 30 were sold to and/or are section 20 of the CPSA, 15 IUS.C. 2069. 25. Between March and September used by consumers in or around a 2000—the time Dynacraft was permanent or temporary household or E. Magna Equator Mountain Bicycle formulating its corrective action plan to residence, a school, in recreation, or 39. Between December 1999, and May expand its recall of the Vertical XL2 otherwise, and are, therefore, 31, 2000, Dynacraft manufactured for bicycles and its Magna Electroshock ‘‘consumer products’’ as defined in nationwide distribution about 54,000 bicycles—Dynacraft learned of 19 section 3(a)(1) of the Consumer Product Magna Equator Mountain Bicycles, incident reports alleging fork breakage Safety Act (CPSA), 15 U.S.C. 2052(a)(1). Model Nos. 8547–19 and 8546–84. during normal and reasonably Respondent was a ‘‘manufacturer’’ of 40. The bicycles described in foreseeable use of its Next Shockzone the bicycles described in paragraph 30, paragraph 39 above are sold to and/or Bicycle, Model No. 8536–33, causing which were ‘‘distributed in commerce’’ are used by consumers in or around a riders to lose control and fall to the as those terms are defined in sections permanent or temporary household or ground. Dynacraft also learned about 3(a)(4), (11), and (12) of the CPSA, 15 residence, a school, in recreation, or fractures, lacerations requiring sutures, U.S.C. 2052(a)(4), (11), and (12). otherwise, and are, therefore, and broken or lost teeth. 32. Some of the forks of these bicycles ‘‘consumer products’’ as defined in 26. Between September 2000 and could break apart during normal and section 3(a)(1) of the Consumer Product March 16, 2001, the date Dynacraft reasonably foreseeable use of the Safety Act (CPSA), 15 U.S.C. 2052(a)(1). reported to the Commission, Dynacraft bicycles. The flaws in the forks Respondent was a ‘‘manufacturer’’ of received an additional 12 reports constitute ‘‘defects’’ under section 15 of the bicycles described in paragraph 39 alleging fork breakage involving its Next the CPSA, 15 U.S.C. 2064. above, which were ‘‘distributed in 33. If the fork breaks during use, it Shockzone bicycle. By the time commerce’’ as those terms are defined could cause a rider to lose control, fall Dynacraft reported to the Commission, in sections 3(a)(4), and (12) of the CPSA, and suffer serious injuries such as facial Dynacraft had received at least 31 15 U.S.C. 2052(a)(4), (11), and (12). abrasions, concussions, other head incident reports alleging the Next 41. Some of the pedals of the bicycles injuries, damaged teeth, broken bones, Shockzone’s, Model No. 8536–33 are defective because improper drilling and lacerations requiring sutures. Death bicycles’ forks breaking apart during and tapping of the holes caused the was also possible. normal and reasonably foreseeable use pedals to loosen and fall off, causing of the bicycles, causing riders to lose 34. Between November 1999 and November 2001, Respondent received riders to lose control, fall to the ground, control and fall to the ground. Injuries and suffer serious injuries such as alleged and known to Dynacraft 21 incident reports alleging the Next Ultra Shock bicycles’ forks breaking concussions, chest trauma, broken included a blood clot to the brain, bones, sprains, abrasions, lacerations fractures, lacerations requiring sutures, apart during normal and foreseeable use of the bicycles, causing riders to lose requiring sutures, and muscle strains. and chipped teeth. Thus, the flaws in the pedals constitute 27. In each of the instances described control and fall to the ground. Injuries ‘‘defects’’ under section 15 of the CPSA, in paragraphs 21 through 26 above, known to Dynacraft included abrasions, 15 U.S.C. 2064. Dynacraft obtained information which concussions, and chipped teeth. 42. Between December 1999 and June reasonably supported the conclusion 35. Dynacraft did not report to the 2000, Dynacraft received about six that the bicycles’ forks contained a Commission until March 18, 2002 about incident reports alleging the Magna defect which could create a substantial the defect and incidents regarding the Equator’s bicycle pedals falling off product hazard or created an Next Ultra Shock bicycles’ forks. When during normal and reasonably unreasonable risk of serious injury or it did report, it did not disclose that one foreseeable use of the bicycles, causing death, but failed to report such of the incidents allegedly had resulted riders to lose control and fall to the information in a timely manner to the in the death of the rider. ground. Injuries known to Dynacraft Commission as required by sections 36. In each of the instances described include concussions, broken bones, 15(b)(2) and (3) of the CPSA, 15 U.S.C. in paragraphs 30 through 35 above, sprains, abrasions, lacerations requiring 2064(b) and (c). Dynacraft obtained information which 28. By failing to provide the reasonably supported the conclusion sutures, and muscle strains. information to the Commission in a that the bicycles’ forks described in 43. On or about June 13, 2000, a timely manner as required by section paragraph 30 above contained a defect retailer of the bicycles faxed an 15(b) of the CPSA, 15 U.S.C. 2064(b), which could create a substantial engineering report the retailer had Dynacraft violated section 19(a)(4) of the product hazard or created an commissioned to Dynacraft. The CPSA, 15 U.S.C. 2068(a)(4). unreasonable risk of serious injury or engineering report concluded that 29. Dynacraft committed this failure death, but failed to report such premature loosening of the bicycle’s to timely report to the Commission information in a timely manner to the pedals was attributable to ‘‘knowingly’’ as the term ‘‘knowingly’’ is Commission as required by sections manufacturing defects in the pedal defined in section 20(d) of the CPSA, 15 15(b)(2) and (3) of the CPSA, 15 U.S.C. cranks associated with those pedals. U.S.C. 2069(d), thus, subjecting 2064(b)(2) and (3). Dynacraft did not report to the Dynacraft to civil penalties under 37. By failing to provide the Commission at that time. section 20 of the CPSA, 15 U.S.C. 2069. information to the Commission in a 44. By the time Dynacraft reported to timely manner as required by section the Commission in April 2001, D. Next Ultra Shock Mountain Bicycle 15(b) of the CPSA, 15 U.S.C. 2064(b), Dynacraft had learned of at least 31 30. Between September 1999 and Dynacraft violated section 19(a)(4) of the incident reports alleging the bicycles’ March 2001, Respondent manufactured CPSA, 15 U.S.C. 2068(a)(4). pedals falling off.

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45. In each of the instances described additional legal costs and expenses. In 61. Upon final acceptance of this in paragraph 39 through 44 above, settling this matter, Dynacraft does not Agreement by the Commission and Dynacraft obtained information which admit any fault, liability, or statutory or issuance of the Final Order, Respondent reasonably supported the conclusion regulatory violation, and this Agreement knowingly, voluntarily, and completely that the bicycles’ pedals contained a and Order do not constitute nor are they waives any rights it may have in this defect which could create a substantial evidence of any fault or wrongdoing on matter to (a) an administrative or product hazard or created an the part of Dynacraft. judicial hearing, (b) to judicial review or unreasonable risk of serious injury or 54. Notwithstanding its denial that other challenge or contest of the validity death, but failed to report such the bicycles contained defects or created of the Commission’s actions, (c) to a information in a timely manner to the an unreasonable risk of serious injury or determination by the Commission as to Commission as required by sections death, Dynacraft, nevertheless, launched whether Respondent failed to comply 15(b)(2) and (3) of the CPSA, 15 U.S.C. appropriate and timely recalls and with the CPSA and the underlying 2064(b) and (3). cooperated with the Staff in recalling regulations, (d) to a statement of 46. By failing to provide the the products. findings of fact and conclusions of law, information to the Commission in a 55. Dynacraft further asserts as a and (e) to any claims under the Equal timely manner as required by section general matter that it received very few Access to Justice Act. 15(b) of the CPSA, 15 U.S.C. 2064(b), complaints concerning the above- 62. Upon provisional acceptance of Dynacraft violated section 19(a)(4) of the mentioned products relative to the this Agreement by the Commission, this CPSA, 15 U.S.C. 2068(a)(4). numbers of products in distribution; Agreement shall be placed on the public 47. Dynacraft committed this failure that it implemented product record and shall be published in the to timely report to the Commission improvements to address the complaints Federal Register in accordance with the ‘‘knowingly’’ as the term ‘‘knowingly’’ is on the bicycles in question; that it procedures set forth in 16 CFR defined in section 20(d) of the CPSA, 15 considered the complaints and the § 1118.20(e). If the Commission does not U.S.C. 2069(d), thus, subjecting reporting requirements of the CPSA; and receive any written objections within 15 Dynacraft to civil penalties under that it made its judgments, about days, the Agreement will be deemed section 20 of the CPSA, 15 U.S.C. 2069. reporting in good faith based on its finally accepted on the 16th day after understanding of the requirements of the date it is published in the Federal III. Dynacraft’s Response the law and that it did not ‘‘knowingly’’ Register. 48. Dynacraft denies the staff’s violate any reporting requirements. 63. The Commission may publicize allegations of bicycle defects and that it 56. Dynacraft denies that any of its the terms of the Settlement Agreement violated the CPSA as set forth in bicycles have caused any injuries and and Order. paragraphs 4 through 47 above. does not admit to the truth of any claims 64. The Commission’s Order in this 49. Dynacraft asserts that it is the or other matters alleged or otherwise matter is issued under the provisions of importer and distributor of the bicycles stated by the Commission or any other the CPSA, 15 U.S.C. 2051 et seq., and and all incorporated parts referenced in person with respect to its bicycles. that a violation of this Order may the allegations above. Nothing contained in this Agreement subject Dynacraft to appropriate legal 50. Dynacraft denies the allegations of and Order precludes Dynacraft from action. the Staff that the Vertical XL2, Magna raising any defense in any future 65. This Settlement Agreement may Electroshock, Next Shockzone, Next litigation. be used in interpreting the Order. Ultra Shock, and Magna Equator Agreements, understandings, bicycles contain or contained a defect or IV. Agreement of the Parties representations, or interpretations apart defects which could create a substantial 57. The Consumer Product Safety form those contained in this Settlement product hazard or create an Commission has jurisdiction over this Agreement and Order may not be used unreasonable risk of serious injury or matter and over Dynacraft under the to vary or contradict its terms. death. Consumer Product Safety Act, 15 U.S.C. 66. The provisions of this Settlement 51. Dynacraft denies that it obtained 2051 et seq. Agreement and Order shall apply to information that reasonably supported 58. This Agreement is entered into for Dynacraft and each of its successors and the conclusion that its bicycles settlement purposes only and does not assigns. identified above might have contained a constitute an admission by Dynacraft or Respondent, Dynacraft BSC, Inc. defect or defects which could create a a determination by the Commission that substantial product hazard or creates an the products referenced in paragraphs 4 Dated: October 5, 2004. unreasonable risk of serious injury or through 47 contain or contained a defect Jerome A. Berman, death, or that Dynacraft failed to report or defects which could create a President. in a timely manner in violation of the substantial product hazard or create an Dynacraft BSC, Inc., 2550 Kerner Road, San reporting requirements of section 15(b) unreasonable risk of serious injury or Rafael, CA 94901. of the CPSA. Dynacraft further denies death, or that Dynacraft knowingly Dated: October 7, 2004. that it violated section 19(a) of the CPSA violated the CPSA’s reporting Daniel C. Schwartz, Esquire in relation to the bicycles mentioned requirement. Jill M. Zucker, Esquire above and that its failure to timely 59. In settlement of the staff’s Brooke E. Geller, Esquire report to the Commission ‘‘knowingly’’ allegations, Dynacraft agrees to pay a Attorneys for Respondent, Dynacraft BSC, subjected it to civil penalties under civil penalty in the amount of one Inc. section 20 of the CPSA. million, four hundred thousand dollars Bryan Cave, LLP, 700 Thirteenth Street, NW., 52. Dynacraft denies the casual link ($1,400,000.00) as set forth in the Washington, DC 20005–3960. alleged in paragraph 35 between a incorporated Order. Commission Staff rider’s death and the Next Ultra Shock 60. This Settlement Agreement and Nicholas V. Machica, or any other Dynacraft product. Order settle all outstanding issues Acting Assistant Executive Director. 53. Dynacraft enters this Settlement against Dynacraft relating to the staff’s Office of Compliance, Consumer Product Agreement and Order for settlement allegations set forth in paragraphs 4 Safety Commission, Washington, DC purposes only, to avoid incurring through 47 above. 20207–0001.

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Eric L. Stone, DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE Legal Division, Office of Compliance. Dated: October 12, 2004. Office of the Secretary of Defense Office of the Secretary Dennis C. Kacoyanis, DOD Advisory Group on Electron Defense Science Board Trial Attorney. Devices; Notice of Meeting AGENCY: Department of Defense. Legal Division, Office of Compliance. ACTION: AGENCY: Department of Defense, Notice of Advisory Committee Order Advisory Group on Electron Devices. Meeting Cancellations. Upon consideration of the Settlement ACTION: Notice. SUMMARY: The Defense Science Board Agreement entered into between Task Force on Identification Dynacraft BSC, Inc., a Massachusetts SUMMARY: The DoD Advisory Group on Technologies of the Future meeting corporation, formally known as Electron Devices (AGED) announces a scheduled for November 4–5, 2004, has been canceled. Dynacraft Industries, Inc., (‘‘Dynacraft’’ closed session meeting. or ‘‘Respondent’’) and the staff of the Dated: October 28, 2004. DATES: Consumer Product Safety Commission; The meeting will be held at Jeannette Owings-Ballard, 0830, Tuesday, November 16, 2004. and the Commission having jurisdiction OSD Federal Register Liaison Officer, over the subject matter and Dynacraft; ADDRESSES: The meeting will be held at Department of Defense. and it appearing that the Settlement Palisades Institute for Research [FR Doc. 04–24471 Filed 11–2–04; 8:45 am] Agreement and Order is in the public Services, 241 18 Street, Suite 500, BILLING CODE 5001–06–P interest, it is Arlington, VA 22202. Ordered that the Settlement FOR FURTHER INFORMATION CONTACT: Mr. DEPARTMENT OF DEFENSE Agreement be, and hereby, is accepted; Eric Carr, AGED Secretariat, 1745 and it is Jefferson Davis Highway, Crystal Square Office of the Secretary; Membership of Further Ordered that upon final Four, Suite 500, Arlington, Virginia the Office of the Secretary of Defense; acceptance of the Settlement Agreement 22202. Performance Review Board and Order, Dynacraft shall pay to the AGENCY: Department of Defense. Commission a civil penalty in the SUPPLEMENTARY INFORMATION: The amount of One Million, Four Hundred mission of the Advisory Group is to ACTION: Notice. provide advice to the Under Secretary of Thousand Dollars ($1,400,000.00) in This notice announces the four (4) payments each. Payment shall Defense for Acquisition, Technology appointment of the members of the be made upon the following schedule: and Logistics to the Director of Defense Performance Review Board (PRB) of the The first payment of $350,000 shall be Research and Engineering (DDR&E), and Office of the Secretary of Defense, the made within twenty (20) days after through the DDR&E to the Director, Joint staff, the U.S. Mission to the North service upon Respondent of this Final Defense Advanced Research Projects Atlantic Treaty Organization, the Order of the Commission. The second Agency and the Military Departments in Defense Advance Research Projects payment of $350,000 shall be made planning and managing an effective and Agency, the Defense Commissary within 110 days of service of the Final economical research and development Agency, the Defense Security Service, Order, the third payment of $350,000 program in the area of electron devices. the Defense Security Assistance Agency, shall be made within 200 days of service The AGED meeting will be limited to the Missile Defense Agency, the Defense of the Final Order, and the fourth review of research and development Field Activities and the U.S. Court of payment of $350,000 shall be made programs which the Military Appeals of the Armed Forces. The within 365 days of the date of service of Departments propose to initiate with publication of PRB membership is the Final Order. Upon the failure by industry, universities or in their required by 5 U.S.C. 4314(c)(4). Dynacraft to make a payment or upon laboratories. The agenda for this The Performance Review Board (PRB) provides fair and impartial review of the making of a late payment by meeting will include programs on Senior Executive Service performance Dynacraft, (a) the entire amount of the microwave technology, appraisals and makes recommendations civil penalty shall be due and payable, microelectronics, electro-optics, and regarding performance ratings and and (b) interest on the outstanding electronics materials. performance awards to the Secretary of balance shall accrue and be paid at the In accordance with Section 10(d) of Defense. federal legal rate of interest under the Public Law No. 92–463, as amended, (5 EFFECTIVE DATE: October 1, 2004. provisions of 28 U.S.C. §§ 1961(a) and U.S.C. App. § 10(d)), it has been (b). FOR FURTHER INFORMATION CONTACT: determined that this Advisory Group Sandra Burrell, Executive and Political Provisionally accepted and Provisional meeting concerns matters listed in 5 Personnel Division, Directorate for Order issued on the 28th day of October, U.S.C. 552b(c)(1), and that accordingly, Personnel and Security, Washington 2004. this meeting will be closed to the Headquarters Services, Office of the By Order of the Commission. public. Secretary of Defense, Department of Todd A. Stevenson, Dated: October 25, 2004. Defense, The Pentagon, (703) 693–8347. Secretary, Consumer Product Safety Jeannette Owings-Ballard, SUPPLEMENTARY INFORMATION: In Commission. accordance with 5 U.S.C. 4314(c)(4), the OSD Federal Register Liaison Officer, [FR Doc. 04–24580 Filed 11–2–04; 8:45 am] Department of Defense. following executives are appointed to the office of the Secretary of Defense BILLING CODE 6355–01–M [FR Doc. 04–24474 Filed 11–2–04; 8:45 am] PRB: specific PRB panel assignments BILLING CODE 5001–06–M will be made from this group. Executives listed will serve a one-year

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renewable term, effective October 1, November 18, 2004—Commission become a party must file a notice of 2004. issues Notice of Proposed Rulemaking, intervention or motion to intervene, as including draft of proposed regulations. appropriate. Such notices, motions, or Office of the Secretary of Defense December 6–10, 2004 (exact date to be protests must be filed in accordance Chairperson announced)—One-day public technical with the provisions of Section 154.210 Jennifer Buck conference at a site to be determined in of the Commission’s regulations (18 CFR Bruce Bade Alaska, to receive public comment on 154.210). Anyone filing an intervention Michael Ioffredo the proposed regulations. or protest must serve a copy of that Robert Leheny December 17, 2004—Written document on the Applicant. Anyone Eric Coulter comments due on Notice of Proposed filing an intervention or protest on or Get Moy Rulemaking. before the intervention or protest date Robert Nemetz February 9, 2005—Commission issues need not serve motions to intervene or George Lotz final rule. protests on persons other than the Rebecca Schmidt The Commission will provide further Applicant. Joel Sitrin public notice of the details of the The Commission encourages Paul Koffsky rulemaking proceeding, including the electronic submission of protests and Richard Burke date and location of the technical interventions in lieu of paper using the Norma St. Claire conference. For information about this ‘‘eFiling’’ link at http://www.ferc.gov. William Lowry proceeding, interested persons may go Persons unable to file electronically Robert Bruce the e-Library link at the Commission’s should submit an original and 14 copies James Johnson Web site, http://www.ferc.gov, and of the protest or intervention to the Cheryl Roby search under the docket number for this Federal Energy Regulatory Commission, Kathie Johnson proceeding, Docket No. RM05–1. Any 888 First Street, NE., Washington, DC Mark Schaeffer questions or comments about this 20426. James Townsend proposed schedule may be directed to: This filing is accessible on-line at Ann Reese Edwin Holden, 202–502–8089, or http://www.ferc.gov, using the Richard Sylvester [email protected]. ‘‘eLibrary’’ link and is available for Robert Foster review in the Commission’s Public Alan Shaffer Magalie R. Salas, Reference Room in Washington, DC. Margaret Myers Secretary. There is an ‘‘eSubscription’’ link on the Gary Payton [FR Doc. 04–24470 Filed 11–2–04; 8:45 am] web site that enables subscribers to Ellen Embrey BILLING CODE 6717–01–P receive e-mail notification when a James J. Townsend document is added to a subscribed William Lehr docket(s). For assistance with any FERC Richard Millies DEPARTMENT OF ENERGY Online service, please e-mail Sallie Flavin [email protected], or call Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call Dated: October 28, 2004. Commission Jeannette Owings-Ballard, (202) 502–8659. [Docket Nos. CP03–353–001 and CP03–355– OSD Federal Register Liaison Officer, 001] Magalie Salas, Department of Defense. Secretary. [FR Doc. 04–24472 Filed 11–2–04; 8:45 am] Eastern American Energy Corporation; [FR Doc. E4–2986 Filed 11–2–04; 8:45 am] BILLING CODE 5001–06–P Notice of Filing BILLING CODE 6717–01–P October 27, 2004. DEPARTMENT OF ENERGY Take notice that on September 8, DEPARTMENT OF ENERGY 2004, Eastern American Energy Federal Energy Regulatory Corporation (Eastern) filed a Service Federal Energy Regulatory Commission Agreement between Eastern and Commission Mountaineer Gas Company establishing [Docket No. RM05–1–000] [Docket No. EC05–7–000, et al.] Eastern’s initial rate as a special rate Regulations Governing the Conduct of schedule under Section 154.112(a) of Mesquite Investors, L.L.C., et al.; Open Seasons for Alaska Natural Gas the Commission’s regulations. Eastern Electric Rate and Corporate Filings Transportation Projects; Notice of states that the filing is intended to Rulemaking Schedule comply with the filing requirement October 26, 2004. ordered in the Commission’s March 25, The following filings have been made October 26, 2004. 2004 Order in Docket Nos. CP03–353– with the Commission. The filings are Section 103(e) of the Alaska Natural 000 and CP03–355–000, 106 FERC listed in ascending order within each Gas Pipeline Act of 2004, enacted into ¶ 61,297. docket classification. law on October 13, 2004, requires the Any person desiring to intervene or to 1. Mesquite Investors, L.L.C., Cedar Federal Energy Regulatory Commission protest this filing must file in Brakes I, L.L.C., Cedar Brakes II, L.L.C., to issue regulations governing the accordance with Rules 211 and 214 of Okwari CB Holdings LP conduct of open seasons for Alaska the Commission’s Rules of Practice and natural gas transportation projects, as Procedure (18 CFR 385.211 and [Docket No. EC05–7–000] defined in that legislation, within 120 385.214). Protests will be considered by Take notice that on October 22, 2004, days of enactment, that is, by February the Commission in determining the Mesquite Investors, L.L.C. (Mesquite), 10, 2005. The Commission proposes the appropriate action to be taken, but will Cedar Brakes I, L.L.C. (CB I), Cedar following tentative schedule for issuing not serve to make protestants parties to Brakes II, L.L.C. (CB II) and Okwari CB the required regulations: the proceeding. Any person wishing to Holdings LP (Okwari CB) (jointly,

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Applicants) filed with the Federal 5. Southern California Edison comment date. Anyone filing a motion Energy Regulatory Commission an Company to intervene or protest must serve a copy application pursuant to section 203 of [Docket No. ER05–60–000] of that document on the Applicant and the Federal Power Act requesting that all parties to this proceeding. Take notice that on October 20, 2004, the Commission authorize the transfer The Commission encourages Southern California Edison Company of all of Mesquite’s membership electronic submission of protests and (SCE) submitted for filing the amended interests in CB I and CB II to Okwari CB. interventions in lieu of paper using the and restated Operating Procedures for Applicants requested privileged ‘‘eFiling’’ link at http://www.ferc.gov. the Power Contract between SCE and treatment for certain exhibits pursuant Persons unable to file electronically the Department of Water Resources of to 18 CFR 33.9 and 388.112. should submit an original and 14 copies the State of California (CDWR). SCE Comment Date: 5 p.m. eastern time on of the protest or intervention to the states that the purpose of this filing is November 12, 2004. Federal Energy Regulatory Commission, to change the method by which SCE 888 First Street, NE., Washington, DC 2. Oasis Power Partners LLC compensates CDWR for transmission 20426. [Docket No. EC05–8–000] losses incurred in transmitting energy This filing is accessible on-line at from SCE’s entitlement to the power http://www.ferc.gov, using the Take notice that on October 22, 2004, output of CDWR’s Hyatt and Thermalito Oasis Power Partners LLC (Oasis), filed ‘‘eLibrary’’ link and is available for Powerplants between Table Mountain review in the Commission’s Public an application requesting the Federal and Midway substations. Energy Regulatory Commission to Reference Room in Washington, D.C. SCE states that copies of the filing There is an ‘‘eSubscription’’ link on the authorize the transfer and issuance of were served upon the Public Utilities passive membership interests in Oasis Web site that enables subscribers to Commission of the State of California receive e-mail notification when a to FC Energy Finance I, Inc., and The and CDWR. Northwestern Mutual Life Insurance document is added to a subscribed Comment Date: 5 p.m. eastern time on docket(s). For assistance with any FERC Company, and, potentially, the transfer November 10, 2004. of membership interests in Oasis to Online service, please e-mail Eurus Sagebrush I LLC, pursuant to 6. PJM Interconnection, L.L.C. [email protected], or call (866) 208–3676 (toll free). For TTY, call section 203 of the Federal Power Act. [Docket No. ER05–62–000] (202) 502–8659. Comment Date: 5 p.m. eastern time on Take notice that on October 21, 2004, November 12, 2004. PJM Interconnection, L.L.C. (PJM), Magalie R. Salas, 3. California Independent System submitted for filing an executed Secretary. Operator Corporation construction service agreement among [FR Doc. E4–2983 Filed 11–2–04; 8:45 am] PJM, Rolling Hills Landfill Gas, LLC, BILLING CODE 6717–01–P [Docket Nos. ER98–997–005, ER98–1309– and Metropolitan Edison Company a 004, ER02–2297–004, ER02–2298–004] FirstEnergy Company. PJM requests an Take notice that on October 21, 2004, effective date of September 21, 2004. DEPARTMENT OF ENERGY the California Independent System PJM states that copies of this filing Operator Corporation (ISO) submitted a were served upon the parties to the Federal Energy Regulatory filing in compliance with the agreement and the state regulatory Commission Commission’s order issued September commissions within the PJM region. [Docket No. EC05–1–000, et al.] 21, 2004, in Docket No. ER98–997–003, Comment Date: 5 p.m. eastern time on et al. 108 FERC ¶ 61,273. November 12, 2004. Old Dominion Electric Cooperative, et ISO states that this filing has been al.; Electric Rate and Corporate Filings served upon all parties on the official 7. Merrill Lynch Commodities, Inc service list for the captioned dockets. In [Docket No. ER05–63–000] October 7, 2004. addition, the ISO has posted this filing Take notice that on October 21, 2004, The following filings have been made on the ISO Home Page. Merrill Lynch Commodities, Inc. (MLCI) with the Commission. The filings are Comment Date: 5 p.m. eastern time on petitioned the Commission to amend listed in ascending order within each November 12, 2004. the Western Systems Power Pool docket classification. 4. Duke Energy Moapa, LLC Agreement to include MLCI as a 1. Old Dominion Electric Cooperative participant. [Docket No. ER05–59–000] and New Dominion Energy Comment Date: 5 p.m. eastern time on Cooperative; New Dominion Energy Take notice that on October 21, 2004, November 12, 2004. Cooperative Duke Energy Moapa, LLC (Duke Moapa) submitted a Notice of Cancellation of Standard Paragraph [Docket Nos. EC05–1–000 and ER05–18–000] FERC Electric Tariff, Original Volume Any person desiring to intervene or to Take notice that on October 5, 2004, No. 1, which was made effective by the protest this filing must file in Old Dominion Electric Cooperative (Old Commission as of April 9, 2001, in accordance with Rules 211 and 214 of Dominion) and New Dominion Energy Docket Nos. ER01–1208–000 and ER01– the Commission’s Rules of Practice and Cooperative (New Dominion) (together, 1208–001. Procedure (18 CFR 385.211 and the Parties) filed a joint application Duke Moapa states that a notice of the 385.214). Protests will be considered by under sections 203 and 205 of the proposed cancellation has not been the Commission in determining the Federal Power Act and sections 33.2 served on any party because Duke appropriate action to be taken, but will through 33.4 and 35.12 of the Energy Moapa, LLC does not engage in not serve to make protestants parties to Commission’s Rules and Regulations, the marketing of electric energy or the proceeding. Any person wishing to for approval of Old Dominion’s power at wholesale and has no become a party must file a notice of proposed assignment of its Wholesale customers. intervention or motion to intervene, as Power Contracts (Contracts) to New Comment Date: 5 p.m. eastern time on appropriate. Such notices, motions, or Dominion, New Dominion’s request for November 12, 2004. protests must be filed on or before the acceptance of conforming changes to the

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formulary rate applied under the 4. PEI Power Corp. the Michigan Public Service Contracts and New Dominion’s request [Docket No. ER98–2270–004] Commission and those on the official for authority to make wholesale power service list in each of the captioned Take notice that on October 1, 2004, sales at market-based rates. Submitted dockets. for filing were New Dominion Energy PEI Power Corp. (PEI) submitted an amendment to its triennial updated Comment Date: 5 p.m. Eastern Time Cooperative FERC Electric Tariffs on October 15, 2004. Original Volume Nos. 1 and 2, market power analysis. PEI states that providing for cost-of-service rates under this analysis supports the continuation 6. Pacific Gas and Electric Company a rate formula in Volume No. 1 and of PEI’s authority to make sales at [Docket No. ER04–415–002] market-based rates in Volume No. 2. market-based rates. PEI also submits revisions to its market-based rate tariff, The Parties state that copies of the Take notice that on October 1, 2004, which update the tariff and incorporate Pacific Gas and Electric Company filing was served upon each of the the Commission’s Market Behavior Member Cooperatives and the public (PG&E) tendered for filing an Rules adopted in Docket No. EL01–118– amendment to its January 20, 2004 filing service commissions in the 000. as Amended on April 15, 2004 of a Commonwealth of Virginia and the Comment Date: 5 p.m. Eastern Time Generator Special Facilities Agreements states of Delaware, Maryland and West on October 22, 2004. Virginia. (GSFAs) and Generator Interconnection Comment Date: 5 p.m. Eastern Time 5. Consumers Energy Company Agreements (GIAs) with Berry on October 26, 2004. [Docket No. ER98–4421–004] Petroleum Company—Tannehill Cogen (Berry Tannehill), Berry Petroleum 2. PowerMinn 9090, LLC CMS Energy Resource Management Company—University Cogen (Berry [Docket No. EG05–1–000] Company University), and Big Creek Water Works, Take notice that on October 1, 2004, [Docket No. ER96–2350–024] Ltd. (Big Creek). PG&E states that this filing is intended to replace the April PowerMinn 9090, LLC (PowerMinn) Grayling Generating Station Limited with a principal place of business at 15, 2004 filing in its entirety. 2295 Corporate Blvd., NW., Suite 222, [Docket No. ER99–791–002] PG&E states that copies of this filing Boca Raton, Florida 33431, filed with Partnership Tennessee Power Station have been served upon Berry Tannehill, the Commission an Application for Limited Partnership Berry University, Big Creek, the Determination of Exempt Wholesale California Independent System Operator Generator Status pursuant to part 365 of [Docket No. ER99–806–001] Corporation, the California Public the Commission’s regulations in CMS Generation Michigan Power, L.L.C. Utilities Commission, and the parties to connection with PowerMinn’s intended this docket. [Docket No. ER99–3677–003] ownership in a new 50 MW (nominal) Comment Date: 5 p.m. Eastern Time biomass generating facility to be Dearborn Industrial Generation, L.L.C. on October 22, 2004. constructed in the City of Benson, [Docket No. ER01–570–004] Minnesota that is to be leased and 7. Mystic I, LLC; Mystic Development, operated by Fibrominn LLC. Take notice that on October 1, 2004, LLC and Fore River Development, LLC Consumers Energy Company Comment Date: 5 p.m. Eastern Time (Consumers, CMS Energy Resource [Docket Nos. ER04–657–003, ER04–660–003, on October 22, 2004. Management Company (CMS ERM), and ER04–659–003] 3. Washington LLC, on Behalf of Grayling Generating Station Limited Take notice that on October 1, 2004, Skookumchuck Dam, LLC Partnership (Grayling), Genesee Power Boston Generating, LLC on behalf of its Station Limited Partnership (Genesee), [Docket No. EG05–2–000] three projects companies Mystic I, LLC, CMS Generation Michigan Power, L.L.C. Mystic Development, LLC and Fore On October 1, 2004, 2677588 (Michigan Power), and Dearborn River Development, LLC submitted for Washington LLC (Washington LLC), on Industrial Generation, L.L.C. (DIG) filing a joint Triennial Updated Market behalf of Skookumchuck Dam, LLC, (collectively, Consumers and the MI Analysis. filed with the Commission an Affiliates) submitted a consolidated application for determination of exempt revised generation market analysis as Comment Date: 5 p.m. Eastern Time wholesale generator (EWG) status required by the Commission in its May on October 22, 2004. pursuant to part 365 of the 13, 2004 Order Implementing New 8. Southern California Edison Company Commission’s regulations with respect Generation Market Power Analysis and to its ownership and operation of a 1 Mitigation Procedures (107 FERC [Docket No. ER04–724–002] MW hydroelectric generating plant ¶ 61,168) and in response to an informal Take notice that, on October 1, 2004, located in the vicinity of Centralia, request by FERC Staff. Consumers and Southern California Edison (SCE) Washington. Washington LLC states that the MI Affiliates state that this submitted a compliance filing pursuant copies of the application were sent to consolidated revised generation market to the Commission’s Order issued the Securities and Exchange power analysis filing is intended to September 2, 2004 in Docket Nos. Commission and the Oregon Public supercede and replace the individual ER04–724–000 and 001, Approving Utility Commission, the Washington revised generation market power Uncontested Settlement, 108 FERC Utilities and Transportation analysis filings made by Consumers and ¶ 61,218. Commission, the California Public the MI Affiliates on August 11, 2004 Utilities Commission, the Wyoming (Consumers); August 12, 2004 (CMS SCE states that copies of the filing Public Service Commission, the Idaho ERM, Michigan Power and DIG) and were served on parties on the official Public Utility Commission, and the September 8, 2004 (Grayling and service list in the above-captioned Utah Public Service Commission. Genesee). proceeding. Comment Date: 5 p.m. Eastern Time Consumers and the MI Affiliates state Comment Date: 5 p.m. Eastern Time on October 22, 2004. that a copy of the filing was served upon on October 22, 2004.

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9. Virginia Electric and Power One Hundred Eighth Agreement 15. MidAmerican Energy Company Company Amending New England Power Pool [Docket No. ER05–8–000] [Docket No. ER04–834–001] Agreement (108th Agreement) which amends the NEPOOL Tariff in order to Take notice that on October 1, 2004, Take notice that on October 1, 2004, reduce to zero the Through or Out MidAmerican Energy Company (MEC) Virginia Electric and Power Company, service charge for transactions through tendered for filing Notices of (Dominion Virginia Power) submitted a or out of NEPOOL that have the New Cancellation of (1) Electric Service compliance filing pursuant to the York control area boundary as their Agreement under FERC Wholesale Commission’s order issued September point of delivery. NEPOOL requests an Electric Tariff Original Volume No. 1 16, 2004 in Docket No. ER04–834–001, effective date of December 1, 2004. filed by MEC’s predecessor, Iowa- 108 FERC ¶ 61,242. Illinois Gas and Electric Company NEPOOL Participants Committee and Comment Date: 5 p.m. Eastern Time (IIGE), dated November 16, 1976 ISO–NE state that copies of these on October 22, 2004. (Buffalo ESA) between IIGE and the City materials were sent to the NEPOOL of Buffalo, Iowa; and (2) Electric Service 10. Niagara Mohawk Power Participants and the New England state Agreement under FERC Wholesale Corporation, a National Grid Company governors and regulatory commissions. Electric Tariff Original Volume No. 1 [Docket No. ER05–1–000] Comment Date: 5 p.m. Eastern Time filed by IIGE, dated November 1, 1976 Take notice that on October 1, 2004, on October 22, 2004. (Callender ESA) between IIGE and the Niagara Mohawk Power Corporation, a 13. New England Power Pool City of Callender, Iowa. MEC requests National Grid Company (Niagara an effective date of December 31, 2004. [Docket No. ER05–4–000] Mohawk) tendered for filing pursuant to Comment Date: 5 p.m. Eastern Time section 35.15 of the Commission’s Take notice that on October 1, 2004, on October 22, 2004. regulations, 18 CFR 35.15 (2003), a the New England Power Pool (NEPOOL) Notice of Cancellation No. 313. Niagara Participants Committee filed for 16. New England Power Pool Mohawk requests an effective date of acceptance materials to (1) permit [Docket No. ER05–9–000] October 31, 2004. NEPOOL to expand its membership to Take notice that on October 1, 2004, Niagara Mohawk states that it served include Citigroup Energy Inc. (Citigroup the New England Power Pool (NEPOOL) copies of the Notice of Cancellation Energy) and Merrill Lynch Participants Committee filed for upon the customer receiving service Commodities, Inc. (MLC); and (2) to acceptance of changes to NEPOOL under Rate Schedule No. 313, AES–NY, terminate the membership of Conectiv Market Rule 1 and Appendix F affecting L.L.C., as well as upon the New York Energy Supply, Inc. (Conectiv). the eligibility for Operating Reserve Independent System Operator and the NEPOOL Participants Committee Credits. NEPOOL Participants New York Public Service Commission. requests effective dates of September 1, Committee requests an effective date of Comment Date: 5 p.m. Eastern Time 2004 for the termination of Conectiv; on October 22, 2004. December 1, 2004. November 1, 2004 for commencement of NEPOOL Participants Committee 11. Central Maine Power Company participation in NEPOOL by MLC; and states that copies of these materials were December 1, 2004 for the sent to the New England state governors [Docket No. ER05–2–000] commencement of participation in Please take notice that on October 1, and regulatory commissions and the NEPOOL by Citigroup Energy. Participants in NEPOOL. 2004, Central Maine Power Company NEPOOL Participants Committee (CMP) submitted an Executed Local Comment Date: 5 p.m. Eastern Time states that copies of these materials were on October 22, 2004. Network Transmission Service sent to the New England state governors Agreement and an Executed Long Term and regulatory commissions and the 17. PJM Interconnection, L.L.C. Firm Point-to-Point Transmission Participants in NEPOOL. Service Agreement between CMP and [Docket No. ER05–10–000] Comment Date: 5 p.m. Eastern Time FPL Energy Maine Hydro, LLC, which Take notice that on October 1, 2004, on October 22, 2004. replace unexecuted transmission service PJM Interconnection, L.L.C. (PJM) filed agreements filed with and accepted by 14. Virginia Electric and Power for a change in rates to permit market- the Commission in Docket No. ER00– Company based offers in the expanded PJM 209–4000. These executed transmission market for regulation service in the [Docket No. ER05–7–000] service agreements are designated as (1) portion of the PJM region covered by the Local Network Transmission Service Take notice that on October 1, 2004, geographic territories of Allegheny Agreement: FERC Electric Tariff, Fifth Virginia Electric and Power Company Power, American Electric Power Revised, Vol. No. 3, 1st Revised Service (Dominion Virginia Power) tendered for Company (AEP), Commonwealth Edison Agreement No. 207, effective December filing a Service Agreement for Network Company (including Commonwealth 23, 2003; and (2) Long Term Firm Point- Integration Transmission Service Edison Company of Indiana) (ComEd), to-Point Transmission Service (Retail) and Network Operating The Dayton Power and Light Company Agreement: FERC Electric Tariff, Fifth Agreement (Retail) by Dominion (Dayton), Dusquesne Light Company Revised, Vol. No. 3, 1st Revised Service Virginia Power to Dominion Retail, Inc., (Dusquesne), and Virginia Electric Agreement No. 208, effective December designated as Service Agreement Power Company (Virginia Power). 23, 2003. Number 389, under the Company’s PJM states that copies of the filing Comment Date: 5 p.m. Eastern Time Open Access Transmission Tariff, FERC were served upon all PJM Members on October 22, 2004. Electric Tariff, Second Revised Volume including Allegheny Power, AEP, No. 5, to Eligible Purchasers dated June ComEd, Dayton, Dusquesne, and 12. New England Power Pool 7, 2000. Dominion Virginia Power Virginia Power, and each state electric [Docket No. ER05–3–000] requests an effective date of November utility regulatory commission in the Take notice that on October 1, 2004, 1, 2004. PJM region. the New England Power Pool (NEPOOL) Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Participants Committee submitted the on October 22, 2004. on October 22, 2004.

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18. PJM Interconnection, L.L.C. 21. East Kentucky Power Cooperative, FEDERAL ENERGY REGULATORY Inc. [Docket No. ER05–11–000] COMMISSION [Docket No. TX05–1–000] Take notice that on October 1, 2004, [Docket No. PF05–1–000] PJM Interconnection, L.L.C. (PJM), Take notice that on October 1, 2004, Colorado Interstate Natural Gas submitted for filing a revised East Kentucky Power Cooperative, Inc. Company; Notice of Intent To Prepare Attachment L to PJM’s Open Access (EKPC) submits an application for an an Environmental Assessment for Transmission Tariff. PJM states that the order requiring the Tennessee Valley Colorado Interstate Natural Gas proposed changes to Attachment L are Authority (TVA) to interconnect the Company’s Proposed Raton Basin required to reflect recent changes, in the TVA transmission System with EKPC’s 2005 Expansion Project and Request status of Rock Springs Generation, transmission system pursuant to for Comments on Environmental L.L.C. and CED Rock Springs, Inc., two sections 210 and 212 of the Federal Issues of the PJM Transmission Owners listed Power Act. on the currently effective Attachment L. October 27, 2004. Comment Date: 5 p.m. Eastern Time PJM requests an effective date of The staff of the Federal Energy on November 1, 2004. October 4, 2004. Regulatory Commission (FERC or PJM states that copies of this filing Standard Paragraph Commission) will prepare an were served upon all members of PJM environmental assessment (EA) that will and the state electric utility regulatory Any person desiring to intervene or to discuss the environmental impacts of commissions within the PJM region. protest this filing must file in Colorado Interstate Natural Gas accordance with Rules 211 and 214 of Company’s (CIG’s) proposed Raton Comment Date: 5 p.m. Eastern Time the Commission’s Rules of Practice and Basin 2005 Expansion Project. The on October 22, 2004. Procedure (18 CFR 385.211 and project is located in Las Animas and 19. PJM Interconnection, L.L.C. 385.214). Protests will be considered by Baca Counties, Colorado; in Morton the Commission in determining the County, Kansas; and Texas and Beaver [Docket No. ER05–12–000] appropriate action to be taken, but will Counties, Oklahoma. This notice Take notice that on October 1, 2004, not serve to make protestants parties to announces the opening of the scoping PJM Interconnection, L.L.C. (PJM) the proceeding. Any person wishing to process we 1 will use to gather input submitted for filing amendments to the become a party must file a notice of from the public and interested agencies PJM Open Access Transmission Tariff to intervention or motion to intervene, as on the project. Your input will help us make miscellaneous minor appropriate. Such notices, motions, or determine which issues need to be modifications, improvements, and protests must be filed on or before the evaluated in the EA. The Commission clarifications to the PJM Credit Policy comment date. Anyone filing a motion will use the EA in its decision-making and related Tariff provisions. PJM to intervene or protest must serve a copy process to determine whether to authorize the project. Please note that requests an effective date of December 1, of that document on the Applicant and the scoping period will close on 2004. all parties to this proceeding. December 15, 2004. PJM states that copies of this filing The Commission encourages The FERC will be the lead federal have been served on all PJM members electronic submission of protests and agency in the preparation of the EA and the utility regulatory commissions interventions in lieu of paper using the which will satisfy the requirements of in the PJM region. ‘‘eFiling’’ link at http://www.ferc.gov. the National Environmental Policy Act Comment Date: 5 p.m. Eastern Time Persons unable to file electronically (NEPA). The Raton Basin 2005 on October 22, 2004. should submit an original and 14 copies Expansion Project is in the preliminary 20. Sierra Pacific Resources Operating of the protest or intervention to the design stage. At this time no formal Companies Federal Energy Regulatory Commission, application has been filed with the 888 First Street, NE., Washington, DC FERC. For this project, the FERC staff is [Docket No. ER05–14–000] 20426. initiating its NEPA review prior to receiving the application. The purpose Take notice that on October 1, 2004, This filing is accessible on-line at of our pre-filing process is to involve Sierra Pacific Resources Operating http://www.ferc.gov, using the Companies, on behalf of Sierra Pacific interested stakeholders early in project ‘‘eLibrary’’ link and is available for planning and to identify and resolve Power Company and Nevada Power review in the Commission’s Public Company (together, SPR) submitted a issues before an application is filed with Reference Room in Washington, DC. the FERC. A docket number (PF05–1– change in the rates for transmission There is an ‘‘eSubscription’’ link on the services under SPR’s open-access 000) has been established to place Web site that enables subscribers to information filed by CIG, and related transmission tariff, FERC Third Revised receive email notification when a Volume No. 1. SPR states that this rate documents issued by the Commission, document is added to a subscribed 2 change affects Zone A transmission into the public record. Once a formal docket(s). For assistance with any FERC rates only, those pertaining to the application is filed with the FERC, a Online service, please email transmission system of SPR’s wholly- new docket number will be established. owned subsidiary Sierra Pacific Power [email protected], or call This notice is being sent to Company (SPP). (866) 208–3676 (toll free). For TTY, call landowners; federal, state, and local (202) 502–8659. government agencies; Indian tribes; SPR states that copies of the filing were served on SPR’s jurisdictional Magalie R. Salas, 1 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the customers and the public utility Secretary. environmental staff of the FERC’s Office of Energy commissions of Nevada and California. [FR Doc. E4–2989 Filed 11–2–04; 8:45 am] Projects. 2 To view information in the docket, follow the Comment Date: 5 p.m. Eastern Time BILLING CODE 6717–01–P instructions for using the eLibrary link at the end on October 22, 2004. of this notice.

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elected officials; environmental and four locations along Line 10C, and three and staging areas. CIG would use public interest groups; and local locations along Line 12B. In addition, numerous access roads during libraries and newspapers. With this CIG would install 1,775 horsepower of construction. Most of these roads would notice, we are asking federal, state, and compression at the Beaver Compressor be existing roads, and several access local agencies with jurisdiction and/or Station on Line 12A in Beaver County, roads may be widened and/or special expertise with respect to Oklahoma. lengthened. environmental issues to formally A map depicting the proposed Upgrading and installation of above- cooperate with us in the preparation of pipeline loops is provided in Appendix ground facilities would be done within the EA. Agencies that would like to 1.3 CIG’s existing ROW and would involve request cooperating status should send At this time, CIG has executed five construction mostly within previously a letter describing the extent to which precedent agreements with natural gas disturbed fenced-in graveled areas. they want to be involved. Follow the producers in the Rotan Basin Following construction, all temporary instructions for filing comments production area for 104,600 decatherms/ ROW and extra work spaces for the loop provided below. day of the proposed transportation installations would be restored and Some affected landowners may be capacity on CIG’s system. These allowed to revert to its former use. producers have requested an in-service contacted by a project representative The EA Process about the acquisition of an easement to date as early as October 1, 2005. construct, operate, and maintain the Therefore, CIG would seek an order NEPA requires the Commission to proposed facilities. If they are, the authorizing the project to be issued no take into account the environmental company would seek to negotiate a later than May 2005 in order construct impacts that could result from an action mutually acceptable agreement. and place the requested facilities into whenever it considers the issuance of a However, if the project is certificated by service in October 2005. CIG plans to Certificate of Public Convenience and the Commission, that approval conveys file its application between December Necessity. NEPA also requires us to the right of eminent domain for securing 2004 and January 2005. discover and address issues and concerns the public may have about easements for the pipeline. Therefore, if Land Requirements for Construction easement negotiations fail to produce an proposals. This process is referred to as The loops would be spaced about 35 agreement, the company could initiate ‘‘scoping.’’ The main goal of the scoping feet from the existing pipelines. The condemnation proceedings in process is to focus the analysis in the nominal construction right-of-way accordance with state law. EA on the important environmental (ROW) would be 85 feet wide, partially issues and reasonable alternatives. By Summary of the Proposed Project overlapping the existing 50-foot-wide this notice, we are requesting agency CIG requests Commission ROW. The nominal width would be and public comments on the scope of authorization to construct and operate reduced to 75 feet through wetlands and the issues to be analyzed and presented approximately 102 miles of natural gas the Comanche National Grasslands, and in the EA. All scoping comments pipeline looping, and to upgrade would be increased up to 120 feet for received will be considered during the existing and install new above-ground storage of segregated topsoil in preparation of the EA. To ensure your facilities, parallel to CIG’s existing agricultural areas and for safe working comments are considered, please Picketwire Lateral, Campo Lateral, 10A, conditions in rugged terrain. CIG would carefully follow the instructions in the and 12A natural gas pipelines. The require extra work areas along the public participation section of this Little Bear and Wet Canyon Meter nominal ROW at roads, railroads, notice. Stations on nearby lateral natural gas waterbody and wetland crossings as Our independent analysis of the pipelines would also be upgraded. The well as 1–5 acre-size contractor yards, issues will be included in an EA. The pipeline loops would consist of the pipe yards and staging yards at the ends EA may be mailed to Federal, state, and following: of loops or in off-line areas. CIG would local government agencies; Indian • Line 151B 20″ Expansion—1.9 reroute 0.9 miles of Line 200B West near tribes; elected officials; environmental miles of 20-inch-diameter pipeline in Trinidad in Las Animas County, and public interest groups; affected Las Animas County, Colorado; Colorado, to avoid potential residential landowners; other interested parties; • Line 200B 16″ Expansion West—4.8 development. Following construction, local libraries and newspapers; and the miles of 16-inch-diameter pipeline in CIG would require a new total Commission(s official service list for Las Animas County, Colorado; permanent ROW width of 80 feet to be this proceeding. Depending on the • Line 200B 16″ Expansion Middle— kept under easement. response to this notice and the nature of 30.3 miles of 16-inch-diameter pipeline Construction of the proposed facilities issues raised during the review process, in Las Animas County, Colorado; would require a total of about 1,224 a 30-day comment period may be • Line 200B 16″ Expansion East— acres of land, which includes 364 acres allotted for review of the EA. We will 34.3 miles of 16-inch-diameter pipeline of additional permanent ROW, 690 acres consider all comments on the EA before in Baca County, Colorado; of temporary nominal ROW, 56 acres of we make our recommendations to the • Line 10C 24″ Expansion—23.6 extra work spaces alongside the nominal Commission. miles of 24-inch-diameter pipeline in ROW, and 114 acres of off-line work Currently Identified Environmental Baca County, Colorado and Morton spaces for pipe yards, contractor yards Issues County, Kansas; • Line 12B 24″ Expansion—7.2 miles 3 The appendices referenced in this notice are not The EA will discuss impacts that of 24-inch-diameter pipeline in Texas being printed in the Federal Register. Copies of all could occur as a result of construction appendices, other than Appendix 1 (maps), are County, Oklahoma available on the Commission’s Web site at the and operation of the proposed project. Upgrading of existing, and installation ‘‘eLibrary’’ link or from the Commission’s Public We have already identified a number of of new, above-ground facilities would Reference and Files Maintenance Branch, 888 First issues that we think deserve attention occur at four locations along Line 151B, Street, NE., Washington, DC 20426, or call (202) based on a preliminary review of the 502–8371. For instructions on connecting to three locations along Line 200B West, eLibrary refer to page 6 of this notice. Copies of the proposed facilities and the three locations along Line 200B Middle, appendices were sent to all those receiving this environmental information provided by three locations along Line 200B East, notice in the mail. CIG. This preliminary list of issues may

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be changed based on your comments Secretary, Federal Energy Regulatory Availability of Additional Information and our analysis. Commission, 888 First Street, NE., A fact sheet prepared by the FERC • Geology and Soils Room 1A, Washington, DC 20426; entitled ‘‘An Interstate Natural Gas • —Soils with high erosion and poor Label one copy of your comments Facility On My Land? What Do I Need revegetation potential. for the attention of Gas Branch 2, DG2E; To Know?’’ is also available for viewing —Lands set-aside for the Conservation and on the FERC Internet website. This fact Reserve Program. • Reference Docket No. PF05–1–000 sheet addresses a number of typically • Water Resources and Wetlands on the original and both copies. asked questions, including the use of —Crossing of 5 perennial streams. Please note that we are continuing to —Crossing small wetlands. eminent domain and how to participate • Vegetation experience delays in mail deliveries in the Commission’s proceedings. —Crossing approximately 40 miles of from the U.S. Postal Service. Therefore, Additional information about the short grass prairie, mostly on the the Commission encourages electronic project is available from the west end. filing of comments. See 18 CFR Commission’s Office of External Affairs, —Crossing approximately 60 miles of 385.2001(a)(1)(iii) and the instructions at 1–866–208–FERC or on the FERC cultivated cropland/hayfields, on the Commission’s Internet Web site Internet Web site (http://www.ferc.gov) mostly on the east end. at http://www.ferc.gov under the ‘‘e- using the eLibrary link. Click on the • Threatened and Endangered Species Filing’’ link and the link to the User’s eLibrary link, click on ‘‘General Search’’ —Arkansas river shiner, bald eagle, Guide. Prepare your submission in the and enter the docket number excluding interior least tern, Mexican spotted same manner as you would if filing on the last three digits in the Docket owl, piping plover, whooping paper and save it to a file on your hard Number field. Be sure you have selected crane, black-footed ferret drive. Before you can file comments you an appropriate date range. For potentially present in construction will need to create a free account by assistance with eLibrary, the eLibrary area. clicking on ‘‘Login to File’’ and then helpline can be reached at 1–866–208– —Other listed, candidate, or sensitive ‘‘New User Account.’’ You will be asked 3676, TTY (202) 502–8659, or at species potentially present in the to select the type of filing you are [email protected]. The project area include the burrowing making. This filing is considered a eLibrary link on the FERC Internet Web owl, ferruginous hawk, lesser ‘‘Comment on Filing.’’ site also provides access to the texts of prairie-chicken, long-billed curlew, If you do not want to send comments formal documents issued by the mountain plover, northern at this time but still want to remain on Commission, such as orders, notices, goshawk, northern harrier, short- our mailing list, please return the and rulemakings. eared owl, and swift fox. Information Request (Appendix 3). If In addition, the Commission now • Cultural Resources you do not return the Information offers a free service called eSubscription —Santa Fe Trail crossed on Line 200B Request, you will be taken off the which allows you to keep track of all Middle mailing list. formal issuances and submittals in —Potential impacts on cultural specific dockets. This can reduce the resources. Intervention amount of time you spend researching —Consultations with Native When CIG files its application for proceedings by automatically providing Americans. you with notification of these filings, • Land Use authorization to construct the proposed —Crossing primarily rangeland, hay pipeline, the Commission will publish document summaries and direct links to land and cultivated cropland. notice of the application in the Federal the documents. Go to http:// —Crossing approximately 10 miles of Register and establish a deadline for www.ferc.gov/esubscribenow.htm. the Comanche National Grasslands interested persons to intervene in the Information about the project is also from loops along Line 200B East, proceeding. Because the Pre-Filing available from CIG. CIG has established Line 200B Middle, and Line 10C. Process occurs before an application to a single point of contact for the project. begin a proceeding is officially filed, The contact is Mr. David Anderson, Public Participation petitions to intervene during this Manager, Land Department, and can be You can make a difference by process are premature and will not be reached by phone at 1–877–598–5263 or providing us with your specific accepted by the Commission. You do e-mail at [email protected]. comments or concerns about the project. not need intervenor status to have your Magalie R. Salas, You should focus on the potential environmental comments considered. Secretary. environmental effects of the proposal, Environmental Mailing List [FR Doc. E4–2984 Filed 11–2–04; 8:45 am] reasonable alternatives (including alternative compressor station sites and An effort is being made to send this BILLING CODE 6717–01–P pipeline routes), and measures to avoid notice to all individuals, organizations, or lessen environmental impact. The and government entities interested in DEPARTMENT OF ENERGY more specific your comments, the more and/or potentially affected by the useful they will be. By becoming a proposed project. This includes all Federal Energy Regulatory commentor, your concerns will be landowners who are potential right-of- Commission addressed in the EA and considered by way grantors, whose property may be the Commission. To ensure that your used temporarily for project purposes, [Docket Nos. CP04–386–000 and CP04–395– 000] comments are timely and properly or who own homes within distances recorded, please mail your comments so defined in the Commission’s regulations Golden Pass and Vista del Sol LNG that they will be received in of certain aboveground facilities. By this Terminals, L.P.; Notice of Technical Washington, DC on or before December notice we are also asking governmental Conference 15, 2004, and carefully follow these agencies, especially those in Appendix instructions: 2, to express their interest in becoming October 27, 2004. • Send an original and two copies of cooperating agencies for the preparation On Wednesday, November 17, 2004, your letter to: Magalie R. Salas, of the EA. at 8:30 a.m. (CST), staff of the Office of

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Energy Projects will convene a collection. This ICR is scheduled to the index listing of the contents of the cryogenic design and technical expire on October 31, 2004. Under OMB public docket, and to access those conference regarding the proposed regulations, the Agency may continue to documents in the public docket that are Golden Pass and Vista del Sol LNG conduct or sponsor the collection of available electronically. When in the import terminals. The cryogenic information while this submission is system, select ‘‘search,’’ then key in the conference will be held in the Sheraton pending at OMB. This ICR describes the docket ID number identified above. North Houston at George Bush nature of the information collection and Any comments related to this ICR Intercontinental Airport. The hotel is its estimated burden and cost. should be submitted to EPA and OMB located at 15700 John F. Kennedy DATES: Additional comments may be within 30 days of this notice. EPA’s Boulevard, Houston, Texas 77032. For submitted on or before December 3, policy is that public comments, whether hotel details call (281) 442–5100. 2004. submitted electronically or in paper, In view of the nature of critical energy will be made available for public infrastructure information and security ADDRESSES: Submit your comments, viewing in EDOCKET as EPA receives issues to be explored, the cryogenic referencing docket ID number OECA– them and without change, unless the conference will not be open to the 2004–0005, to (1) EPA online using comment contains copyrighted material, public. Attendance at this conference EDOCKET (our preferred method), by e- confidential business information (CBI), will be limited to existing parties to the mail to [email protected], or by mail or other information whose public proceeding (anyone who has to: Environmental Protection Agency, disclosure is restricted by statute. When specifically requested to intervene as a EPA Docket Center (EPA/DC), EPA identifies a comment containing party) and to representatives of Enforcement and Compliance Docket copyrighted material, EPA will provide interested federal, state, and local and Information Center, Mail Code a reference to that material in the agencies. Any person planning to attend 2201T, 1200 Pennsylvania Avenue, version of the comment that is placed in the November 17th cryogenic NW., Washington, DC 20460, and (2) EDOCKET. The entire printed comment, conference must register by close of OMB at: Office of Information and including the copyrighted material, will business on Monday, November 15, Regulatory Affairs, Office of be available in the public docket. 2004. Registrations may be submitted Management and Budget (OMB), Although identified as an item in the either online at http://www.ferc.gov/ Attention: Desk Officer for EPA, 725 official docket, information claimed as whats-new/registration/cryo-conf- 17th Street, NW., Washington, DC CBI, or whose disclosure is otherwise form.asp or by faxing a copy of the form 20503. restricted by statute, is not included in (found at the referenced online link) to FOR FURTHER INFORMATION CONTACT: Dan the official public docket, and will not (202) 208–0353. All attendees must sign Chadwick, Compliance Assessment and be available for public viewing in a non-disclosure statement prior to Media Programs Division, Office of EDOCKET. For further information entering the conference. Upon arrival at Compliance, Mail Code 2223A, about the electronic docket, see EPA’s the hotel, check the reader board in the Environmental Protection Agency, 1200 Federal Register notice describing the hotel lobby for venue. For additional Pennsylvania Avenue, NW., electronic docket at 67 FR 38102 (May information regarding the cryogenic Washington, DC 20460; telephone 31, 2002), or go to http://www.epa.gov/ conference, please contact Kareem number: (202) 564–7054; fax number: edocket. Monib at (202) 502–6265. (202) 564–0050; email address: Title: NSPS for Onshore Natural Gas [email protected]. Processing Plants (40 CFR Part 60, Magalie R. Salas, Subparts KKK and LLL) (Renewal) Secretary. SUPPLEMENTARY INFORMATION: EPA has Abstract: The New Source [FR Doc. E4–2985 Filed 11–2–04; 8:45 am] submitted the following ICR to OMB for Performance Standards (NSPS) for BILLING CODE 6717–01–P review and approval according to the Equipment Leaks of VOC From Onshore procedures prescribed in 5 CFR 1320.12. Natural Gas Processing Plants, On May 25, 2004, (69 FR 29718), EPA published at 40 CFR part 60, subpart ENVIRONMENTAL PROTECTION sought comments on this ICR pursuant KKK, were proposed on January 20, AGENCY to 5 CFR 1320.8(d). EPA received no 1984, and promulgated on June 24, comments. 1985. These standards apply to the [OECA–2004–0005; FRL–7833–3] EPA has established a public docket following affected facilities located at for this ICR under Docket ID No. OECA– onshore natural gas processing plants: Agency Information Collection 2004–0005, which is available for public Compressors in VOC service or in wet Activities; Submission for OMB Review viewing at the Enforcement and gas service, and the group of all and Approval; Comment Request; Compliance Docket and Information equipment (except compressors) within NSPS for Onshore Natural Gas Center in the EPA Docket Center (EPA/ a process unit. Affected facilities Processing Plants (Renewal), ICR DC), EPA West, Room B102, 1301 commenced construction, modification Number 1086.07, OMB Number 2060– Constitution Ave., NW., Washington, or reconstruction after the date of 0120 DC. The EPA Docket Center Public proposal. AGENCY: Environmental Protection Reading Room is open from 8:30 a.m. to The New Source Performance Agency (EPA). 4:30 p.m., Monday through Friday, Standards (NSPS) for Onshore Natural ACTION: Notice. excluding legal holidays. The telephone Gas Processing: SO2 Emissions, number for the Reading Room is (202) published at 40 CFR part 60, subpart SUMMARY: In compliance with the 566–1744, and the telephone number for LLL, were proposed on January 20, 1984 Paperwork Reduction Act, this the Enforcement and Compliance and promulgated on October 1, 1985. document announces that an Docket and Information Center is: (202) These standards apply to the following Information Collection Request (ICR) 566–1752. An electronic version of the affected facilities located at onshore has been forwarded to the Office of public docket is available through EPA natural gas processing plants: Each Management and Budget (OMB) for Dockets (EDOCKET) at http:// sweetening unit, and each sweetening review and approval. This is a request www.epa.gov/edocket. Use EDOCKET to unit followed by a sulfur recovery unit. to renew an existing approved submit or view public comments, access Affected facilities commenced

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construction, modification or facilities constructed, reconstructed or EPA ICR No. 1687.06; NESHAP for reconstruction after the date of proposal. modified after January 20, 1984. Aerospace Manufacturing and Rework Owners or operators of affected Estimated Number of Respondents: Facilities; in 40 CFR part 63, subpart facilities must submit notifications of 563. GG; was approved 09/28/2004; OMB any construction/reconstruction, Frequency of Response: On occasion, Number 2060–0314; expires 09/30/ modification, actual date of startup, semiannual. 2007. demonstration of a continuous Estimated Total Annual Hour Burden: EPA ICR No. 1287.07; Questionnaire for monitoring system, and date of a 149,174 hours. Nominees for the Annual National performance test. Note that the use of Estimated Total Annual Costs: Clean Water Act Recognition Awards control devices and continuous $9,857,058, which includes $219,000 Program; in 40 CFR part 105; was monitoring is not required by subpart annualized capital/startup costs, approved 09/28/2004; OMB Number KKK, but is an option for compliance. $119,700 annual O&M costs, and 2040–0101; expires 09/30/2007. Owners or operators of affected facilities $9,518,358 annual labor costs. EPA ICR No. 1959.02; National Listing must submit semiannual reports and Changes in the Estimates: There is an of Advisories; was approved 09/28/ performance test results. Note that increase of 35,138 hours in the total 2004; OMB Number 2040–0226; subpart LLL requires semiannual estimated burden currently identified in expires 09/30/2007. reporting of excess emissions. Owners the OMB Inventory of Approved ICR EPA ICR No. 0657.08; NSPS for the or operators subject to subpart KKK Burdens. This increase is due to an Graphic Arts Industry; in 40 CFR part must keep various records, including increase in the number of respondents 60, subpart QQ; was approved 09/29/ records of leak detection and repair, and an adjustment to the recordkeeping 2004; OMB Number 2060–0105; records of compliance tests, and records and reporting burden. expires 09/30/2007. of pumps and valves that are exempted Dated: October 27, 2004. EPA ICR No. 1427.07; NPDES from certain monitoring requirements. Joseph A. Sierra, Compliance Assessment/Certification Owners or operators subject to subpart Acting Director, Collection Strategies Information; in 40 CFR 122.41(j)(2), LLL must keep records of various Division. 122.41(l)(5–7); 122.44(i)(4)(ii); 40 CFR calculations and measurements. [FR Doc. 04–24527 Filed 11–2–04; 8:45 am] 122.45(b)(2)(B)(1); 40 CFR This information is being collected to BILLING CODE 6560–50–P 501.15(a)(6); 40 CFR 501.15(b)(12); 40 determine compliance with NSPS CFR part 435; was approved 09/28/ subparts KKK and LLL. Responses to 2004; OMB Number 2040–0110; this information collection are deemed ENVIRONMENTAL PROTECTION expires 09/30/2007. to be mandatory, per section 114 (a) of AGENCY EPA ICR No. 2087.02; Concentrated the Clean Air Act. [FRL–7833–4] Aquatic Animal Production Effluent An agency may not conduct or Guidelines; in 40 CFR part 451; was sponsor, and a person is not required to Agency Information Collection approved 09/28/2004; OMB Number respond to, a collection of information Activities; OMB Responses 2040–0258; expires 09/30/2007. unless it displays a currently valid OMB EPA ICR No. 1904.02; The Sun Wise Control Number. The OMB Control AGENCY: Environmental Protection School Program; was approved 09/29/ Numbers for EPA’s regulations are listed Agency (EPA). 2004; OMB Number 2060–0439; in 40 CFR part 9 and 48 CFR chapter 15, ACTION: Notice. expires 09/30/2007. and are identified on the form and/or EPA ICR No. 0222.07; Investigation into SUMMARY: This document announces the instrument, if applicable. Possible Noncompliance of Motor Office of Management and Budget’s Burden Statement: The annual public Vehicles with Federal Emissions (OMB) responses to Agency Clearance reporting and recordkeeping burden for Standards; was approved 09/24/2004; requests, in compliance with the this collection of information is OMB Number 2060–0086; expires 09/ Paperwork Reduction Act (44 U.S.C. estimated to average 91 hours per 30/2007. 3501 et seq.). An agency may not response. Burden means the total time, EPA ICR No. 1063.09; NSPS for Sewage conduct or sponsor, and a person is not effort, or financial resources expended Sludge Treatment Plants; in 40 CFR required to respond to, a collection of by persons to generate, maintain, retain, part 60, subpart O; was approved 09/ information unless it displays a or disclose or provide information to or 24/2004; OMB Number 2060–0035; currently valid OMB control number. for a federal agency. This includes the expires 09/30/2007. The OMB control numbers for EPA’s time needed to review instructions; regulations are listed in 40 CFR part 9 EPA ICR No. 1643.05; Application develop, acquire, install, and utilize and 48 CFR chapter 15. Requirements for the Approval and technology and systems for the purposes Delegation of Federal Air Toxics FOR FURTHER INFORMATION CONTACT: of collecting, validating, and verifying Programs to State, Territorial, Local, information, processing and Susan Auby (202) 566–1672, or email at and Tribal Agencies; in 40 CFR part maintaining information, and disclosing [email protected] and please refer to 63, subpart E; was approved 09/24/ and providing information; adjust the the appropriate EPA Information 2004; OMB Number 2060–0264; existing ways to comply with any Collection Request (ICR) Number. expires 09/30/2007. previously applicable instructions and SUPPLEMENTARY INFORMATION: EPA ICR No. 1593.06; Air Emission requirements; train personnel to be able OMB Responses to Agency Clearance Standards for Tanks, Surface to respond to a collection of Requests Impoundments and Containers; in 40 information; search data sources; CFR part 264, subpart CC; 40 CFR part complete and review the collection of OMB Approvals 265, subpart CC; was approved 09/24/ information; and transmit or otherwise EPA ICR No. 1058.08; NSPS for 2004; OMB Number 2060–0318; disclose the information. Incinerators; in 40 CFR part 60, expires 09/30/2007. Respondents/Affected Entities: subpart E; was approved 09/29/2004; EPA ICR No. 2100.01; Reporting Owners or operators of onshore natural OMB Number 2060–0040; expires 09/ Requirements Under EPA’s Climate gas processing plants with affected 30/2007. Leaders Program; was approved 09/

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30/2004; OMB Number 2060–0532; ENVIRONMENTAL PROTECTION EPA has established a public docket expires 09/30/2006. AGENCY for this ICR under Docket ID number RCRA–2004–0006, which is available EPA ICR No. 2103.02; Title IV of the [RCRA–2004–0006; FRL–7833–5] Public Health Security and for public viewing at the RCRA Docket in the EPA Docket Center (EPA/DC), Bioterrorism Preparedness and Agency Information Collection EPA West, Room B102, 1301 Response Act of 2002: Drinking Water Activities; Submission to OMB for Constitution Ave., NW., Washington, Review and Approval; Comment Security and Safety, was approved 09/ DC. The EPA Docket Center Public Request; Hazardous Waste Generator 30/2004; OMB Number 2040–0253; Reading Room is open from 8:30 a.m. to Standards (Renewal), EPA ICR Number expires 09/30/2007. 4:30 p.m., Monday through Friday, 0820.09, OMB Control Number 2050– EPA ICR No. 1560.07; National Water excluding legal holidays. The telephone 0035 Quality Inventory Reports; in 40 CFR number for the Reading Room is (202) part 130, CWA sections 305(b), AGENCY: Environmental Protection 566–1744, and the telephone number for 303(d), 314(a) and 106(e); was Agency (EPA). the RCRA Docket is (202) 566–0270. An electronic version of the public docket approved 09/30/2004; OMB Number ACTION: Notice. 2040–0071; expires 09/30/2007. is available through EPA Dockets SUMMARY: (EDOCKET) at http://www.epa.gov/ EPA ICR No. 0002.11; National In compliance with the Paperwork Reduction Act (44 U.S.C. edocket. Use EDOCKET to obtain a copy Pretreatment Program; in 40 CFR 3501 et seq.), this document announces of the draft collection of information, 403.1–20, 40 CFR 437, 437.41, 40 CFR that an Information Collection Request submit or view public comments, access part 105, 40 CFR 455.41, 40 CFR (ICR) has been forwarded to the Office the index listing of the contents of the 123.24, 40 CFR 123.62, 40 CFR of Management and Budget (OMB) for public docket, and to access those 122.42(b)(2); was approved 09/30/ review and approval. This is a request documents in the public docket that are 2004; OMB Number 2040–0009; to renew an existing approved available electronically. Once in the expires 09/30/2007. collection. This ICR is scheduled to system, select ‘‘search,’’ then key in the EPA ICR No. 2153.01; Final Guidelines expire on October 31, 2004. Under OMB docket ID number identified above. for the Best Available Retrofit regulations, the Agency may continue to Any comments related to this ICR should be submitted to EPA and OMB Technology (BART) Determinations conduct or sponsor the collection of within 30 days of this notice. EPA’s Under the Regional Haze Rule; was information while this submission is pending at OMB. This ICR describes the policy is that public comments, whether approved 09/30/2004; OMB Number submitted electronically or in paper, 2060–0559; expires 03/31/2005. nature of the information collection and its expected burden and cost. will be made available for public Short Term Extensions viewing in EDOCKET as EPA receives DATES: Additional comments may be them and without change, unless the EPA ICR No. 1725.03; Marine Engine submitted on or before December 3, comment contains copyrighted material, Manufacturer Production Line Testing 2004. Confidential Business Information (CBI), Reporting and Recordkeeping ADDRESSES: Submit your comments, or other information whose public Requirements; in 40 CFR part 91; on 9/ referencing docket ID number RCRA– disclosure is restricted by statute. When 15/2004 OMB extended the expiration 2004–0006, to (1) EPA online using EPA identifies a comment containing date to 12/31/2004. EDOCKET (our preferred method), by e- copyrighted material, EPA will provide mail to [email protected], or by mail a reference to that material in the Comment Filed to: EPA Docket Center, Environmental version of the comment that is placed in EDOCKET. The entire printed comment, EPA ICR No. 1684.07; Compression, Protection Agency, Resource Conservation and Recovery Act (RCRA) including the copyrighted material, will Ignition, Non-Road Engines Docket, Mail Code 5305T, 1200 be available in the public docket. Certification Application (Proposed Pennsylvania Ave., NW., Washington, Although identified as an item in the Rule for In-Use Testing of On-Road DC 20460, and (2) OMB at: Office of official docket, information claimed as Heavy-Duty Diesel Engines and Information and Regulatory Affairs, CBI, or whose disclosure is otherwise Vehicles); on 09/24/2004 OMB filed a Office of Management and Budget restricted by statute, is not included in comment. (OMB), Attention: Desk Officer for EPA, the official public docket, and will not EPA ICR No. 2137.01; NESHAP for Coal 725 17th Street, NW., Washington, DC be available for public viewing in and Oil-Fired Electric Utility Steam 20503. EDOCKET. For further information about the electronic docket, see EPA’s Generating Unit (Proposed Rule) on FOR FURTHER INFORMATION CONTACT: 09/23/2004; in OMB, 40 CFR part 63, Federal Register notice describing the Anna Tschursin, Office of Solid Waste, electronic docket at 67 FR 38102 (May subpart UUUUU; OMB filed a Mail Code 5304W, U.S. Environmental comment. 31, 2002), or go to http://www.epa.gov/ Protection Agency, 1200 Pennsylvania epadocket. EPA ICR No. 1362.05; NESHAP for Coke Ave., NW., Washington, DC 20460; Title: Hazardous Waste Generator Oven Batteries (Proposed Rule for telephone number: (703) 308–8805; fax Standards (Renewal). Risk Assessments); in 40 CFR part 63, number: (703) 308–0514; e-mail address: Abstract: Under the Resource subpart L; on 9/27/2004 OMB filed [email protected]. Conservation and Recovery Act (RCRA), comment. SUPPLEMENTARY INFORMATION: EPA has as amended, Congress directed the U.S. submitted the following ICR to OMB for Environmental Protection Agency to Dated: October 27, 2004. review and approval according to the implement a comprehensive program Joseph A. Sierra, procedures prescribed in 5 CFR 1320.12. for the safe management of hazardous Acting Director, Collection Strategies On July 7, 2004 (69 FR 40901), EPA waste. The core of the national waste Division. sought comments on this ICR pursuant management program is the regulation [FR Doc. 04–24528 Filed 11–2–04; 8:45 am] to 5 CFR 1320.8(d). EPA received no of hazardous waste from generation to BILLING CODE 6560–50–P comments on this ICR. transport to treatment and eventual

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disposal, or from ‘‘cradle to grave.’’ respond to, a collection of information ENVIRONMENTAL PROTECTION Section 3001(d) of RCRA requires EPA unless it displays a currently valid OMB AGENCY to develop standards for small quantity control number. The OMB control [SFUND–2004–0006; FRL–7833–6] generators. Section 3002 of RCRA numbers for EPA’s regulations in 40 among other things states that EPA shall CFR are listed in 40 CFR part 9 and are Agency Information Collection establish requirements for hazardous identified on the form and/or Activities; Submission to OMB for waste generators regarding instrument, if applicable. Review and Approval; Comment recordkeeping practices. Section 3002 Burden Statement: The average public Request; Community Right-to-Know also requires EPA to establish standards reporting and recordkeeping burden for Reporting Requirements Under on appropriate use of containers by LQGs under this collection of Sections 311 and 312 of the generators. information is estimated to be 13.18 Emergency Planning and Community Finally, Section 3017 of RCRA hours (averaged across all LQG Right-to-Know Act (EPCRA) (Renewal), specifies requirements for individuals respondents). The average public EPA ICR Number 1352.10, OMB exporting hazardous waste from the reporting and recordkeeping burden for Control Number 2050–0072 United States, including a notification SQGs under this collection of of the intent to export, and an annual information is estimated to be 1.22 AGENCY: Environmental Protection report summarizing the types, hours (averaged across all SQG Agency (EPA). quantities, frequency, and ultimate respondents). Burden means the total ACTION: Notice. destination of all exported hazardous time, effort, or financial resources SUMMARY: In compliance with the waste. expended by persons to generate, Paperwork Reduction Act (44 U.S.C. This ICR addresses the following maintain, retain, or disclose or provide 3501 et seq.), this document announces categories of informational requirements information to or for a federal agency. that an Information Collection Request in part 262: Pre-transport requirements This includes the time needed to review (ICR) has been forwarded to the Office for both large (LQG) and small (SQG) instructions; develop, acquire, install, of Management and Budget (OMB) for quantity generators; air emission and utilize technology and systems for review and approval. This is a request standards requirements for LQGs the purposes of collecting, validating, to renew an existing approved (referenced in 40 CFR part 265, subparts and verifying information, processing collection. This ICR is scheduled to I and J); recordkeeping and reporting and maintaining information, and requirements for LQGs and SQGs; and expire on October 31, 2004. Under OMB disclosing and providing information; regulations, the Agency may continue to export requirements for LQGs and SQGs adjust the existing ways to comply with (i.e., notification of intent to export and conduct or sponsor the collection of any previously applicable instructions information while this submission is annual reporting). and requirements; train personnel to be This collection of information is pending at OMB. This ICR describes the able to respond to a collection of necessary to help generators and EPA: nature of the information collection and information; search data sources; (1) Identify and understand the waste its estimated burden and cost. complete and review the collection of streams being generated and the hazards DATES: Additional comments may be information; and transmit or otherwise associated with them; (2) determine submitted on or before December 3, disclose the information. whether employees have acquired the Respondents/Affected Entities: 2004. necessary expertise to perform their Hazardous Waste generators; Hazardous ADDRESSES: Submit your comments, jobs; and (3) determine whether LQGs Waste transporters who co-mingle waste referencing docket ID number SFUND– have developed adequate procedures to with different Department of 2004–0006, to (1) EPA online using respond to unplanned sudden or non- Transportation descriptions; and EDOCKET (our preferred method), by e- sudden releases of hazardous waste or Importers/Exporters of hazardous waste. mail to [email protected], or hazardous constituents to air, soil, or Estimated Number of Respondents: by mail to: EPA Docket Center, surface water. This information is also 124,382. Environmental Protection Agency, needed to help EPA determine whether Frequency of Response: Occasionally Superfund Docket, Mail Code 5305T, tank systems are operated in a manner and biennially. 1200 Pennsylvania Ave., NW., that is fully protective of human health Estimated Total Annual Hour Burden: Washington, DC 20460, and (2) OMB at: and the environment and to ensure that 455,387. Office of Information and Regulatory releases to the environment are Estimated Total Annual Cost: Affairs, Office of Management and managed quickly and efficiently. $28,532,136, includes $22,770 in Budget (OMB), Attention: Desk Officer Additionally, this information annualized capital costs, $33,524 in for EPA, 725 17th Street, NW., contributes to EPA’s goal of preventing O&M costs, and $28,475,842 in Washington, DC 20503. contamination of the environment from Respondent Labor costs. FOR FURTHER INFORMATION CONTACT: Sicy hazardous waste accumulation Changes in the Estimates: There is a practices, including contamination from Jacob, Environmental Protection decrease of 29,749 hours in the total Agency, 1200 Pennsylvania Ave., NW., equipment leaks and process vents. estimated burden currently identified in Export information is needed to ensure Washington, DC 20460; telephone the OMB Inventory of Approved ICR number: (202) 564–8019; fax number: that: (1) Foreign governments consent to Burdens. This decrease is a result due U.S. exported wastes; (2) exported waste (202) 564–8233; e-mail address: primarily to a decrease in the universe [email protected]. is actually managed at facilities listed in of facilities affected by the hazardous the original notifications; and (3) waste generator rules. SUPPLEMENTARY INFORMATION: EPA has documents are available for compliance submitted the following ICR to OMB for audits and enforcement actions. In Dated: October 27, 2004. review and approval according to the general, these requirements contribute Joseph A. Sierra, procedures prescribed in 5 CFR 1320.12. to EPA’s goal of preventing Acting Director, Collection Strategies On May 21, 2004 (69 FR 29304), EPA contamination of the environment. Division. sought comments on this ICR pursuant An agency may not conduct or [FR Doc. 04–24529 Filed 11–2–04; 8:45 am] to 5 CFR 1320.8(d). EPA has addressed sponsor, and a person is not required to BILLING CODE 6560–50–U the comments received.

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EPA has established a public docket Communication Standard (HCS) to burden for maintaining and updating for this ICR under Docket ID No. submit a list of chemicals or Material the 312 database is 320 hours. The total SFUND–2004–0006, which is available Safety Data Sheets (MSDSs) (for those burden to facilities over the three-year for public viewing at the Superfund chemicals that exceed thresholds, information collection period is Docket in the EPA Docket Center (EPA/ specified in 40 CFR part 370) to the estimated to be 5,686,000 hours, at a DC), EPA West, Room B102, 1301 State Emergency Response Commission cost of $186 million, with an associated Constitution Ave., NW., Washington, (SERC), Local Emergency Planning state and local burden of 401,000 hours DC. The EPA Docket Center Public Committee (LEPC) and the local fire at a cost of $9.2 million. The burden Reading Room is open from 8:30 a.m. to department (LFD) with jurisdiction over hours listed here are from the 4:30 p.m., Monday through Friday, their facility. This is a one-time previously approved ICR. The labor excluding legal holidays. The telephone requirement unless a new facility costs have been adjusted to December number for the Reading Room is (202) becomes subject to the regulations or 2003 wage rate published by U.S. 566–1744, and the telephone number for updating the information by facilities Bureau of Labor Statistics. the Superfund Docket is (202) 566– that are already covered by the Burden means the total time, effort, or 0276. An electronic version of the regulations. EPCRA section 312 requires financial resources expended by persons public docket is available through EPA owners and operators of facilities to generate, maintain, retain, or disclose Dockets (EDOCKET) at http:// subject to OSHA HCS to submit an or provide information to or for a www.epa.gov/edocket. Use EDOCKET to inventory form (for those chemicals that Federal agency. This includes the time submit or view public comments, access exceed the thresholds, specified in 40 needed to review instructions; develop, the index listing of the contents of the CFR part 370) to the SERC, LEPC, and acquire, install, and utilize technology public docket, and to access those LFD with jurisdiction over their facility. and systems for the purposes of documents in the public docket that are This activity is to be completed on collecting, validating, and verifying available electronically. Once in the March 1 of each year, on the inventory information, processing and system, select ‘‘search,’’ then key in the of chemicals in the previous calendar maintaining information, and disclosing docket ID number identified above. year. and providing information; adjust the Any comments related to this ICR An agency may not conduct or existing ways to comply with any should be submitted to EPA and OMB sponsor, and a person is not required to previously applicable instructions and within 30 days of this notice. EPA’s respond to, a collection of information requirements; train personnel to be able policy is that public comments, whether unless it displays a currently valid OMB to respond to a collection of submitted electronically or in paper, control number. The OMB control information; search data sources; will be made available for public numbers for EPA’s regulations in 40 complete and review the collection of viewing in EDOCKET as EPA receives CFR are listed in 40 CFR part 9 and are information; and transmit or otherwise them and without change, unless the identified on the form and/or disclose the information. comment contains copyrighted material, instrument, if applicable. Respondents/Affected Entities: CBI, or other information whose public Burden Statement: The average Entities potentially affected by this disclosure is restricted by statute. When burden for MSDS reporting under 40 action are those facilities required to EPA identifies a comment containing CFR 370.21 is estimated at 1.5 hours for prepare or have available an MSDS for copyrighted material, EPA will provide new and newly regulated facilities and a hazardous chemical under the Hazard a reference to that material in the approximately 0.5 hours for those Communication Standard (HCS) of the version of the comment that is placed in existing facilities that obtain new or Occupational Safety and Health EDOCKET. The entire printed comment, revised MSDSs or receive requests for Administration. Entities more likely to including the copyrighted material, will MSDSs from local governments. For be affected by this action may include be available in the public docket. new and newly regulated facilities, this chemical, non-chemical manufacturers, Although identified as an item in the burden includes the time required to retailers, petroleum refineries, utilities, official docket, information claimed as read and understand the regulations, to etc. CBI, or whose disclosure is otherwise determine which chemicals meet or Estimated Number of Respondents: restricted by statute, is not included in exceed reporting thresholds, and to 563,500. the official public docket, and will not submit MSDSs or lists of chemicals to Frequency of Response: Annually. be available for public viewing in SERC, LEPCs, and local fire Estimated Total Annual Hour Burden: EDOCKET. For further information departments. For existing facilities, this 2,028,700. about the electronic docket, see EPA’s burden includes the time required to Estimated Total Annual Cost: Federal Register notice describing the submit revised MSDSs and new MSDSs $71,251,000, includes $4,000 annual electronic docket at 67 FR 38102 (May to local officials. The average reporting startup/capital costs, $6,386,000 O&M 31, 2002), or go to http://www.epa.gov/ burden for facilities to perform Tier I or costs and $64,861,000 annual labor edocket. Tier II inventory reporting under 40 CFR costs. Title: Community Right-to-Know 370.25 is estimated to be approximately Changes in the Estimates: There is no Reporting Requirements Under Sections 3 hours per facility, including the time increase or decrease in the burden hours 311 and 312 of the Emergency Planning to develop and submit the information. or costs in the total estimated burden and Community Right-to-Know Act There are no recordkeeping currently identified in the OMB (EPCRA) (Renewal). requirements for facilities under EPCRA Inventory of Approved ICR Burdens. Abstract: The authority for these sections 311 and 312. The estimated average annual burden to requirements is sections 311 and 312 of The average burden for State and local facility respondents for reporting and the Emergency Planning and governments to respond to requests for recordkeeping activities under EPCRA Community Right-to-Know Act MSDSs or Tier II information under 40 sections 311 and 312 is same as in the (EPCRA), 1986 (42 U.S.C. 11011, 11012). CFR 370.30 is estimated to be 0.2 hours previous ICR, 1,895,000 hours per year. EPCRA section 311 requires owners and per request. The average burden for The estimated average annual burden operators of facilities subject to the State and local governments for for SERCs, LEPCs, and fire departments Occupational Safety and Health managing and maintaining the reports is is also same as in the previous ICR, Administration (OSHA) Hazard estimated to be 32 hours. The average 133,700 hours. The Agency believes that

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electronic reporting may have reduced Unit I. of the SUPPLEMENTARY Dockets at http://www.epa.gov/edocket/ burden on many facilities and the INFORMATION. to submit or view public comments, implementing agencies. However, EPA FOR FURTHER INFORMATION CONTACT: access the index listing of the contents has used the same burden estimates as Stephanie Plummer, Special Review of the official public docket, and to it was in the previous ICR. The 2002 and Reregistration Division (7508-C), access those documents in the public U.S. Census data have not been Office of Pesticide Programs, docket that are available electronically. published, so EPA have applied the Environmental Protection Agency, 1200 Once in the system, select ‘‘search,’’ same growth factor for manufacturing Pennsylvania Ave., NW., Washington, then key in the appropriate docket ID facilities as in the previous ICR. The DC 20460–0001; telephone number: number. number of non-manufacturing facilities (703) 305–0076; e-mail address: Certain types of information will not were also assumed to be the same as in [email protected]. be placed in the EPA Dockets. the previous ICR. There are no Information claimed as CBI and other SUPPLEMENTARY INFORMATION: programmatic changes in the reporting information whose disclosure is or recordkeeping requirements I. General Information restricted by statute, which is not associated with EPCRA sections 311 and A. Does this Action Apply to Me? included in the official public docket, 312. will not be available for public viewing This action is directed to the public Dated: October 27, 2004. in EPA’s electronic public docket. EPA’s in general; nevertheless, a wide range of Joseph A. Sierra, policy is that copyrighted material will stakeholders will be interested in not be placed in EPA’s electronic public Acting Director, Collection Strategies obtaining the risk assessments for Division. docket but will be available only in nitrapyrin, including environmental, printed, paper form in the official public [FR Doc. 04–24530 Filed 11–2–04; 8:45 am] human health, and agricultural docket. To the extent feasible, publicly BILLING CODE 6560–50–P advocates; the chemical industry; available docket materials will be made pesticide users; and members of the available in EPA’s electronic public public interested in the use of pesticides docket. When a document is selected ENVIRONMENTAL PROTECTION on food. Since other entities also may be AGENCY from the index list in EPA Dockets, the interested, the Agency has not system will identify whether the [OPP–2004–0283; FRL–7675–3] attempted to describe all the specific document is available for viewing in entities that may be affected by this EPA’s electronic public docket. Nitrapyrin; Availability of Risk action. If you have any questions Although not all docket materials may Assessments regarding the applicability of this action be available electronically, you may still to a particular entity, consult the person AGENCY: Environmental Protection access any of the publicly available listed under FOR FURTHER INFORMATION Agency (EPA). docket materials through the docket CONTACT. ACTION: Notice. facility identified in Unit I.B.1. EPA B. How Can I Get Copies of this intends to work towards providing SUMMARY: This notice announces the Document and Other Related electronic access to all of the publicly availability of risk assessments that Information? available docket materials through were developed as part of EPA’s process 1. Docket. EPA has established an EPA’s electronic public docket. for making pesticide Reregistration official public docket for this action For public commenters, it is Eligibility Decisions (REDs) and under docket ID number OPP–2004– important to note that EPA’s policy is tolerance reassessments consistent with 0283. The official public docket consists that public comments, whether the Federal Food, Drug, and Cosmetic of the documents specifically referenced submitted electronically or in paper, Act (FFDCA), as amended by the Food in this action, any public comments will be made available for public Quality Protection Act of 1996 (FQPA). received, and other information related viewing in EPA’s electronic public These risk assessments are the human to this action. Although a part of the docket as EPA receives them and health and environmental fate and official docket, the public docket does without change, unless the comment effects risk assessments and related not include Confidential Business contains copyrighted material, CBI, or documents for nitrapyrin. This notice Information (CBI) or other information other information whose disclosure is also starts a 60–day public comment whose disclosure is restricted by statute. restricted by statute. When EPA period for the risk assessments. By The official public docket is the identifies a comment containing allowing access and opportunity for collection of materials that is available copyrighted material, EPA will provide comment on the risk assessments, EPA for public viewing at the Public a reference to that material in the is seeking to strengthen stakeholder Information and Records Integrity version of the comment that is placed in involvement and help ensure decisions Branch (PIRIB), Rm. 119, Crystal Mall EPA’s electronic public docket. The made under FQPA are transparent and #2, 1801 S. Bell St., Arlington, VA. This entire printed comment, including the based on the best available information. docket facility is open from 8:30 a.m. to copyrighted material, will be available The tolerance reassessment process will 4 p.m., Monday through Friday, in the public docket. ensure that the United States continues excluding legal holidays. The docket Public comments submitted on to have the safest and most abundant telephone number is (703) 305–5805. computer disks that are mailed or food supply. 2. Electronic access. You may access delivered to the docket will be DATES: Comments, identified by the this Federal Register document transferred to EPA’s electronic public docket identification (ID) number OPP– electronically through the EPA Internet docket. Public comments that are 2004–0283, must be received on or under the ‘‘Federal Register’’ listings at mailed or delivered to the Docket will before January 3, 2005. http://www.epa.gov/fedrgstr/. be scanned and placed in EPA’s ADDRESSES: Comments may be An electronic version of the public electronic public docket. Where submitted electronically, by mail, or docket is available through EPA’s practical, physical objects will be through hand delivery/courier. Follow electronic public docket and comment photographed, and the photograph will the detailed instructions as provided in system, EPA Dockets. You may use EPA be placed in EPA’s electronic public

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docket along with a brief description Attention: Docket ID number OPP– clearly that it does not contain CBI. written by the docket staff. 2004–0283. In contrast to EPA’s Information not marked as CBI will be electronic public docket, EPA’s e-mail included in the public docket and EPA’s II. How Can I Respond to this Action? system is not an ‘‘anonymous access’’ electronic public docket without prior A. How and to Whom Do I Submit system. If you send an e-mail comment notice. If you have any questions about Comments? directly to the docket without going CBI or the procedures for claiming CBI, You may submit comments through EPA’s electronic public docket, please consult the person listed under electronically, by mail, or through hand EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. captures your e-mail address. E-mail delivery/courier. To ensure proper C. What Should I Consider as I Prepare receipt by EPA, identify the appropriate addresses that are automatically captured by EPA’s e-mail system are My Comments for EPA? docket ID number in the subject line on included as part of the comment that is You may find the following the first page of your comment. Please placed in the official public docket, and suggestions helpful for preparing your ensure that your comments are made available in EPA’s electronic comments: submitted within the specified comment public docket. 1. Explain your views as clearly as period. Comments received after the iii. Disk or CD ROM. You may submit possible. close of the comment period will be comments on a disk or CD ROM that 2. Describe any assumptions that you marked ‘‘late.’’ EPA is not required to you mail to the mailing address used. consider these late comments. If you identified in Unit I.C.2. These electronic 3. Provide copies of any technical wish to submit CBI or information that submissions will be accepted in information and/or data you used that is otherwise protected by statute, please WordPerfect or ASCII file format. Avoid support your views. follow the instructions in Unit I.D. Do the use of special characters and any 4. If you estimate potential burden or not use EPA Dockets or e-mail to submit form of encryption. costs, explain how you arrived at the CBI or information protected by statute. 2. By mail. Send your comments to: estimate that you provide. 1. Electronically. If you submit an Public Information and Records 5. Provide specific examples to electronic comment as prescribed in this Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. unit, EPA recommends that you include of Pesticide Programs (OPP), 6. Offer alternative ways to improve your name, mailing address, and an e- Environmental Protection Agency, 1200 the notice or collection activity. mail address or other contact Pennsylvania Ave., NW., Washington, 7. Make sure to submit your information in the body of your DC 20460–0001, Attention: Docket ID comments by the deadline in this comment. Also include this contact number OPP–2004–0283. document. information on the outside of any disk 3. By hand delivery or courier. Deliver 8. To ensure proper receipt by EPA, or CD ROM you submit, and in any your comments to: Public Information be sure to identify the docket ID number cover letter accompanying the disk or and Records Integrity Branch (PIRIB), assigned to this action in the subject CD ROM. This ensures that you can be Office of Pesticide Programs (OPP), line on the first page of your response. identified as the submitter of the Environmental Protection Agency, Rm. You may also provide the name, date, comment and allows EPA to contact you 119, Crystal Mall #2, 1801 S. Bell St., and Federal Register citation. in case EPA cannot read your comment Arlington, VA, Attention: Docket ID III. What Action is the Agency Taking? due to technical difficulties or needs number OPP–2004–0283. Such further information on the substance of deliveries are only accepted during the EPA is making available to the public your comment. EPA’s policy is that EPA docket’s normal hours of operation as the risk assessments that have been will not edit your comment, and any identified in Unit I.B.1. developed as part of the Agency’s public identifying or contact information participation process for tolerance provided in the body of a comment will B. How Should I Submit CBI to the reassessment and reregistration. During be included as part of the comment that Agency? the next 60 days, EPA will accept is placed in the official public docket, Do not submit information that you comments on the human health and and made available in EPA’s electronic consider to be CBI electronically environmental fate and effects risk public docket. If EPA cannot read your through EPA’s electronic public docket assessments and other related comment due to technical difficulties or by e-mail. You may claim documents for nitrapyrin, available in and cannot contact you for clarification, information that you submit to EPA as the individual pesticide docket. Like EPA may not be able to consider your CBI by marking any part or all of that many other REDs for pesticides comment. information as CBI (if you submit CBI developed under this process, the i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside nitrapyrin RED will be made available electronic public docket to submit of the disk or CD ROM as CBI and then for public comment. comments to EPA electronically is identify electronically within the disk or EPA and United States Department of EPA’s preferred method for receiving CD ROM the specific information that is Agriculture (USDA) have been using a comments. Go directly to EPA Dockets CBI). Information so marked will not be pilot public participation process for the at http://www.epa.gov/edocket/, and disclosed except in accordance with assessment of organophosphate follow the online instructions for procedures set forth in 40 CFR part 2. pesticides since August 1998. In submitting comments. Once in the In addition to one complete version of considering how to accomplish the system, select ‘‘search,’’ and then key in the comment that includes any movement from the pilot used for the docket ID number OPP–2004–0283. The information claimed as CBI, a copy of organophosphate pesticides to the system is an ‘‘anonymous access’’ the comment that does not contain the public participation process used for system, which means EPA will not information claimed as CBI must be non-organophosphates, such as know your identity, e-mail address, or submitted for inclusion in the public nitrapyrin, EPA and USDA adopted an other contact information unless you docket and EPA’s electronic public interim public participation process. provide it in the body of your comment. docket. If you submit the copy that does This public participation process ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, ensures public access to the Agency’s e-mail to [email protected], mark the outside of the disk or CD ROM risk assessments while also allowing

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EPA to meet its reregistration ENVIRONMENTAL PROTECTION B. How Can I Get Copies of this commitments. The public participation AGENCY Document and Other Related Information? process involves: A registrant error [OPP–2004–0274]; FRL–7676–2] correction period; a period for the 1. Docket. EPA has established an Agency to respond to the registrant’s Pesticide Product; Registration official public docket for this action error correction comments; the release Applications under docket identification (ID) number of the refined risk assessments and risk OPP–2004–0274. The official public AGENCY: characterizations to the public via the Environmental Protection docket consists of the documents docket and EPA’s internet website; a Agency (EPA). specifically referenced in this action, significant effort on stakeholder ACTION: Notice. any public comments received, and other information related to this action. consultations, such as meetings and SUMMARY: This notice announces receipt Although a part of the official docket, conference calls; and the issuance of the of applications to register pesticide the public docket does not include risk management decision document products containing a new active Confidential Business Information (CBI) (i.e., RED) after the consideration of ingredient not included in any or other information whose disclosure is issues and discussions with previously registered product pursuant restricted by statute. The official public stakeholders. USDA plans to hold to the provisions of section 3(c)(4) of the docket is the collection of materials that meetings and conference calls with the Federal Insecticide, Fungicide, and is available for public viewing at the public (i.e., interested stakeholders such Rodenticide Act (FIFRA), as amended. Public Information and Records as growers, USDA Cooperative DATES: Written comments, identified by Extension Offices, commodity groups, Integrity Branch (PIRIB), Rm. 119, the docket identification (ID) number Crystal Mall #2, 1801 S. Bell St., and other Federal Government agencies) OPP–2004–0274, must be received on or Arlington, VA. This docket facility is to discuss any identified risks and before December 3, 2004. open from 8:30 a.m. to 4 p.m., Monday solicit input on risk management ADDRESSES: Comments may be through Friday, excluding legal strategies. EPA will participate in submitted electronically, by mail, or holidays. The docket telephone number USDA’s meetings and conference calls through hand delivery/courier. Follow is (703) 305–5805. with the public. This feedback will be the detailed instructions as provided in 2. Electronic access. You may access used to complete the risk management Unit I. of the SUPPLEMENTARY this Federal Register document decisions and the RED. EPA plans to INFORMATION. electronically through the EPA Internet conduct a close-out conference call with FOR FURTHER INFORMATION CONTACT: Ann under the ‘‘Federal Register’’ listings at interested stakeholders to describe the Hanger, Registration Division (7505C), http://www.epa.gov/fedrgstr/. regulatory decisions presented in the Office of Pesticide Programs, An electronic version of the public RED. REDs for pesticides developed Environmental Protection Agency, 1200 docket is available through EPA’s under this process will be made Pennsylvania Ave., NW., Washington, electronic public docket and comment available for public comment. DC 20460–0001; telephone number: system, EPA Dockets. You may use EPA Included in the public version of the (703) 306–0395; e-mail address: Dockets at http://www.epa.gov/edocket/ official record are the Agency’s risk [email protected]. to submit or view public comments, access the index listing of the contents assessments and related documents for SUPPLEMENTARY INFORMATION: of the official public docket, and to nitrapyrin. As additional comments, I. General Information access those documents in the public reviews, and risk assessment docket that are available electronically. modifications become available, these A. Does this Action Apply to Me? Once in the system, select ‘‘search,’’ will also be docketed. The nitrapyrin You may be potentially affected by then key in the appropriate docket ID risk assessments reflect only the work this action if you are an agricultural number. and analysis conducted as of the time producer, food manufacturer, or Certain types of information will not they were produced and it is pesticide manufacturer. Potentially be placed in the EPA Dockets. appropriate that, as new information affected entities may include, but are Information claimed as CBI and other becomes available and/or additional not limited to: information whose disclosure is analyses are performed, the conclusions • Crop production (NAICS 111) restricted by statute, which is not they contain may change. • Animal production (NAICS 112) included in the official public docket, • Food manufacturing (NAICS 311) will not be available for public viewing List of Subjects • Pesticide manufacturing (NAICS in EPA’s electronic public docket. EPA’s Environmental protection, Chemicals, 32532) policy is that copyrighted material will Pesticides and Pests. This listing is not intended to be not be placed in EPA’s electronic public exhaustive, but rather provides a guide docket but will be available only in Dated: September 7, 2004. for readers regarding entities likely to be printed, paper form in the official public Debra Edwards, affected by this action. Other types of docket. To the extent feasible, publicly Director, Special Review and Reregistration entities not listed in this unit could also available docket materials will be made Division, Office of Pesticide Programs. be affected. The North American available in EPA’s electronic public [FR Doc. 04–24420 Filed 11–2–04 8:45 am] Industrial Classification System docket. When a document is selected BILLING CODE 6560–50–S (NAICS) codes have been provided to from the index list in EPA Dockets, the assist you and others in determining system will identify whether the whether this action might apply to document is available for viewing in certain entities. If you have any EPA’s electronic public docket. questions regarding the applicability of Although not all docket materials may this action to a particular entity, consult be available electronically, you may still the person listed under FOR FURTHER access any of the publicly available INFORMATION CONTACT. docket materials through the docket

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facility identified in Unit I.B.1. EPA comment and allows EPA to contact you 119, Crystal Mall #2, 1801 S. Bell St., intends to work towards providing in case EPA cannot read your comment Arlington, VA, Attention: Docket ID electronic access to all of the publicly due to technical difficulties or needs Number OPP–2004–0274. Such available docket materials through further information on the substance of deliveries are only accepted during the EPA’s electronic public docket. your comment. EPA’s policy is that EPA docket’s normal hours of operation as For public commenters, it is will not edit your comment, and any identified in Unit I.B.1. important to note that EPA’s policy is identifying or contact information that public comments, whether provided in the body of a comment will D. How Should I Submit CBI to the submitted electronically or in paper, be included as part of the comment that Agency? will be made available for public is placed in the official public docket, Do not submit information that you viewing in EPA’s electronic public and made available in EPA’s electronic consider to be CBI electronically docket as EPA receives them and public docket. If EPA cannot read your through EPA’s electronic public docket without change, unless the comment comment due to technical difficulties or by e-mail. You may claim contains copyrighted material, CBI, or and cannot contact you for clarification, information that you submit to EPA as other information whose disclosure is EPA may not be able to consider your CBI by marking any part or all of that restricted by statute. When EPA comment. information as CBI (if you submit CBI identifies a comment containing i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside copyrighted material, EPA will provide electronic public docket to submit of the disk or CD ROM as CBI and then a reference to that material in the comments to EPA electronically is identify electronically within the disk or version of the comment that is placed in EPA’s preferred method for receiving CD ROM the specific information that is EPA’s electronic public docket. The comments. Go directly to EPA Dockets CBI). Information so marked will not be entire printed comment, including the athttp://www.epa.gov/edocket/, and disclosed except in accordance with copyrighted material, will be available follow the online instructions for procedures set forth in 40 CFR part 2. in the public docket. submitting comments. Once in the In addition to one complete version of Public comments submitted on system, select ‘‘search,’’ and then key in the comment that includes any computer disks that are mailed or docket ID number OPP–2004–0274. The information claimed as CBI, a copy of delivered to the docket will be system is an ‘‘anonymous access’’ the comment that does not contain the transferred to EPA’s electronic public system, which means EPA will not information claimed as CBI must be docket. Public comments that are know your identity, e-mail address, or submitted for inclusion in the public mailed or delivered to the Docket will other contact information unless you docket and EPA’s electronic public be scanned and placed in EPA’s provide it in the body of your comment. docket. If you submit the copy that does electronic public docket. Where ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, practical, physical objects will be e-mail to [email protected], mark the outside of the disk or CD ROM photographed, and the photograph will Attention: Docket ID Number OPP– clearly that it does not contain CBI. be placed in EPA’s electronic public 2004–0274. In contrast to EPA’s Information not marked as CBI will be docket along with a brief description electronic public docket, EPA’s e-mail included in the public docket and EPA’s written by the docket staff. system is not an ‘‘anonymous access’’ electronic public docket without prior system. If you send an e-mail comment C. How and To Whom Do I Submit notice. If you have any questions about directly to the docket without going Comments? CBI or the procedures for claiming CBI, through EPA’s electronic public docket, please consult the person listed under You may submit comments EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. electronically, by mail, or through hand captures your e-mail address. E-mail delivery/courier. To ensure proper addresses that are automatically E. What Should I Consider as I Prepare receipt by EPA, identify the appropriate captured by EPA’s e-mail system are My Comments for EPA? docket ID number in the subject line on included as part of the comment that is You may find the following the first page of your comment. Please placed in the official public docket, and suggestions helpful for preparing your ensure that your comments are made available in EPA’s electronic comments: submitted within the specified comment public docket. period. Comments received after the iii. Disk or CD ROM. You may submit 1. Explain your views as clearly as close of the comment period will be comments on a disk or CD ROM that possible. marked ‘‘late.’’ EPA is not required to you mail to the mailing address 2. Describe any assumptions that you consider these late comments. If you identified in Unit I.C.2. These electronic used. wish to submit CBI or information that submissions will be accepted in 3. Provide copies of any technical is otherwise protected by statute, please WordPerfect or ASCII file format. Avoid information and/or data you used that follow the instructions in Unit I.D. Do the use of special characters and any support your views. not use EPA Dockets or e-mail to submit form of encryption. 4. If you estimate potential burden or CBI or information protected by statute. 2. By mail. Send your comments to: costs, explain how you arrived at the 1. Electronically. If you submit an Public Information and Records estimate that you provide. electronic comment as prescribed in this Integrity Branch (PIRIB), Office of 5. Provide specific examples to unit, EPA recommends that you include Pesticide Programs (OPP), illustrate your concerns. your name, mailing address, and an e- Environmental Protection Agency 6. Offer alternative ways to improve mail address or other contact (7502C), 1200 Pennsylvania Ave., NW., the registration activity. information in the body of your Washington, DC 20460–0001, Attention: 7. Make sure to submit your comment. Also include this contact Docket ID Number OPP–2004–0274. comments by the deadline in this information on the outside of any disk 3. By hand delivery or courier. Deliver notice. or CD ROM you submit, and in any your comments to: Public Information 8. To ensure proper receipt by EPA, cover letter accompanying the disk or and Records Integrity Branch (PIRIB), be sure to identify the docket ID number CD ROM. This ensures that you can be Office of Pesticide Programs (OPP), assigned to this action in the subject identified as the submitter of the Environmental Protection Agency, Rm. line on the first page of your response.

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You may also provide the name, date, FEDERAL MARITIME COMMISSION (Qualifying Individual), Rossy and Federal Register citation. Rodriguez, Director. Ocean Transportation Intermediary Dated: October 29, 2004. II. Registration Applications License Applicants Karen V. Gregory, EPA received applications as follows Notice is hereby given that the Assistant Secretary. to register pesticide products containing following applicants have filed with the [FR Doc. 04–24545 Filed 11–2–04; 8:45 am] an active ingredient not included in any Federal Maritime Commission an BILLING CODE 6730–01–P previously registered product pursuant application for license as a Non-Vessel- to the provision of section 3(c)(4) of Operating Common Carrier and Ocean FIFRA. Notice of receipt of these Freight Forwarder—Ocean FEDERAL RESERVE SYSTEM applications does not imply a decision Transportation Intermediary pursuant to by the Agency on the applications. section 19 of the Shipping Act of 1984 Change in Bank Control Notices; as amended (46 U.S.C. app. 1718 and 46 Acquisition of Shares of Bank or Bank Products Containing an Active CFR 515). Holding Companies Ingredient not Included in any Persons knowing of any reason why Previously Registered Products the following applicants should not The notificants listed below have receive a license are requested to applied under the Change in Bank 1. File symbol: 7969–EEA.Applicant: contact the Office of Transportation Control Act (12 U.S.C. 1817(j)) and BASF Corporation, 26 Davis Drive, Intermediaries, Federal Maritime § 225.41 of the Board’s Regulation Y (12 Research Triangle Park, NC Commission, Washington, DC 20573. CFR 225.41) to acquire a bank or bank 27709.Product name: BAS 320 I Non-Vessel-Operating Common holding company. The factors that are Technical.Type of product: Carrier Ocean Transportation considered in acting on the notices are Insecticide.Active ingredients: BAS 320 Intermediary Applicants: set forth in paragraph 7 of the Act (12 I (a mixture comprising 4-{(2E)-2-({[4- U.S.C. 1817(j)(7)). Starlink Consolidation Service, Inc., The notices are available for (trifluoromethoxy)anilino] 3780 W. Century Blvd., Inglewood, immediate inspection at the Federal carbonyl}hydrazono)-2-[3- CA 90303. Officer: Michael Kuan, Reserve Bank indicated. The notices (trifluoromethyl)phenyl] CEO/Secretary/CFO, Qualifying } { { also will be available for inspection at ethyl benzonitrile and 4- (2Z)-2-( [4- Individual). the office of the Board of Governors. (trifluoromethoxy)anilino] First Choice International Travel and Interested persons may express their } carbonyl hydrazono)-2-[3- Cargo, 2357 S. Azusa Avenue, West views in writing to the Reserve Bank (trifluoromethyl)phenyl] Covina, CA 91792, Napoleon C. indicated for that notice or to the offices ethyl}benzonitrile at 96.1%.Proposed Mutuc, Sole Proprietor. of the Board of Governors. Comments Global Alliance Logistics (NYC) Inc., classification/Use: For the formulation must be received not later than One Cross Island Plaza, 133–33 of insecticides for growing crops and November 17, 2004. companion animal products. Brooklyn Ave., Suite #209, Rosedale, A. Federal Reserve Bank of Chicago NY 11422. Officers: Yuen W. Yeung, 2. File symbol: 7969–EET. Applicant: (Patrick Wilder, Assistant Vice Secretary/Treasurer, (Qualifying President) 230 South LaSalle Street, BASF Corporation. Product name: BAS Individual), Jacky Ip, President. 320 00I SC. Type of product: Insecticide. Chicago, Illinois 60690–1414: Convenient Freight System, Inc., 690 1. D. Marlene Huls, Gifford, Illinois, Active ingredients: BAS 320 I (a mixture Knox Street, Suite 220, Torrance, CA { { acting individually and as trustee of the comprising 4- (2E)-2-( [4- 90502. Officers: Byoung Ho Son, Vice Ernest H. Huls Family Trust; to retain (trifluoromethoxy)anilino] President, (Qualifying Individual), } voting shares of Illini Corporation, carbonyl hydrazono)-2-[3- Bum Kyo Suh, President/CFO. Springfield, Illinois, and thereby J.F. International Logistics, Inc., 5910 (trifluoromethyl) indirectly retain voting shares of Illini } { Pine Hill Road, Unit #6, Port Richey, phenyl]ethyl benzonitrile and 4- (2Z)- Bank, Springfield, Illinois. 2-({[4-(trifluoromethoxy)anilino] FL 34668. Officers: Joseph Ferrugia, Board of Governors of the Federal Reserve carbonyl}hydrazono)-2-[3- President, (Qualifying Individual), Lori Ann Ferrugia, Secretary. System, October 28, 2004. (trifluoromethyl)phenyl] Robert deV. Frierson, ethyl}benzonitrile at 22%. Proposed Sunway Express, Inc., 7902 Lemonwood Circle, La Palma, CA 90623. Officers: Deputy Secretary of the Board. classification/Use: For insect control on Qiling Wu, CEO, (Qualifying [FR Doc. 04–24477 Filed 11–2–04; 8:45 am] tuberous and corm vegetables (potatoes) Individua), Yi Lu, Director. BILLING CODE 6210–01–S (crop subgroup 1-C), fruiting vegetables Mateo Shipping, Corp., 1441 Ogden (crop group 8), leafy vegetables (crop Avenue, Bronx, NY 10452. Officers: group 4) and brassica (cole) leafy Julio Mateo, President, (Qualifying FEDERAL RESERVE SYSTEM vegetables (crop group 5). Individual), Julian Nunez, Vice President. Formations of, Acquisitions by, and List of Subjects Mergers of Bank Holding Companies Non-Vessel-Operating Common Environmental protection, Pesticides Carrier and Ocean Freight Forwarder The companies listed in this notice and pest. Transportation Intermediary Applicants: have applied to the Board for approval, Star Freight Solutions, Inc., 21 pursuant to the Bank Holding Company Dated: October 19, 2004. Vermillion, Irving, CA 92603. Officer: Act of 1956 (12 U.S.C. 1841 et seq.) Lois Rossi, Haiying Chen, CEO, (Qualifying (BHC Act), Regulation Y (12 CFR Part Director, Registration Division, Office of Individual). 225), and all other applicable statutes Pesticide Programs. MLR Exports Inc. dba MLR Export and regulations to become a bank [FR Doc. 04–24248 Filed 11–2–04; 8:45 am] Consolidations Inc., 11713 SW 91 holding company and/or to acquire the BILLING CODE 6560–50–S Terrace, Miami, FL 33186. Officers: assets or the ownership of, control of, or Michelle Pedroso, Director, the power to vote shares of a bank or

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bank holding company and all of the www.ccr.gov. This Web site is the Vision and Newborn Hearing banks and nonbanking companies official form. In July of 2003, the paper (specifically newborn screening, owned by the bank holding company, construction was cancelled and can no evaluation and intervention), Oral including the companies listed below. longer be used. Effective immediately, Health, Physical Activity and Fitness, The applications listed below, as well data can only be submitted through the Respiratory Diseases, Sexually as other related filings required by the above-cited Web site. No paper form Transmitted Diseases, and Tobacco Use. Board, are available for immediate will be accepted. HIV Conferences and HIV subject inspection at the Federal Reserve Bank FOR FURTHER INFORMATION CONTACT: matter are covered under another indicated. The application also will be Regulatory and Federal Assistance program and are not permitted under available for inspection at the offices of Publication Division, (202) 501–4755. this announcement. The purpose of conference support the Board of Governors. Interested DATES: Effective November 3, 2004. persons may express their views in funding is to provide partial support for writing on the standards enumerated in Dated: October 28, 2004. specific non-Federal conferences in the the BHC Act (12 U.S.C. 1842(c)). If the Barbara M. Williams, areas of health promotion and disease proposal also involves the acquisition of Deputy Standard and Optional Forms prevention information and education a nonbanking company, the review also Management Officer. programs, and applied research. includes whether the acquisition of the [FR Doc. 04–24526 Filed 11–2–04; 8:45 am] Applicants can submit applications nonbanking company complies with the BILLING CODE 6820–34–M for conferences that are not a part of standards in section 4 of the BHC Act series for a one-year project period or an (12 U.S.C. 1843). Unless otherwise applicant can submit a proposal for a noted, nonbanking activities will be DEPARTMENT OF HEALTH AND five year project period when a series of conducted throughout the United States. HUMAN SERVICES annual conferences are proposed by a Additional information on all bank sponsoring organization. The applicant holding companies may be obtained Centers for Disease Control and can submit applications on an annual from the National Information Center Prevention basis for up to five years for a series of website at www.ffiec.gov/nic/. conferences or the applicant can submit Unless otherwise noted, comments National Center for Chronic Disease one application for five years of regarding each of these applications Prevention and Health Promotion proposed activities. A series is proposed must be received at the Reserve Bank Conference Support Program as the exact same focus area within the indicated or the offices of the Board of scope of the program announcement Announcement Type: New. conducted more than one time during Governors not later than November 29, Funding Opportunity Number: PA 2004. the project period. An applicant can 05031. apply for funding for more than one A. Federal Reserve Bank of Kansas Catalog of Federal Domestic different conference during the project City (Donna J. Ward, Assistant Vice Assistance Numbers: 93.283, 93.919, period. Each application must focus on President) 925 Grand Avenue, Kansas 93.938 and 93.945. City, Missouri 64198–0001: one topic area. Key Dates: Conference support by CDC creates 1. Bank of Choice Holding Company, Letter of Intent Deadline: Evans, Colorado; to acquire 100 percent the appearance of CDC co-sponsorship, Cycle A: November 22, 2004 where there will be active participation of the voting shares of Palisade Cycle B: February 3, 2005 Bancshares, Inc., Palisade, Colorado, by CDC in the development and Application Deadline: and thereby indirectly acquire voting approval of the conference agenda to shares of The Palisades National Bank, Cycle A: December 22, 2004 make sure there are no subjects that Palisade, Colorado. Cycle B: April 6, 2005 would be contradictory to the goals of Letter of Intent (LOI) and Application the Government or be an improper use Board of Governors of the Federal Reserve System, October 28, 2004. deadline dates for cycles in FY 2006, of funds. CDC funds will be expended 2007, 2008 and 2009 will be published only for approved portions of the Robert deV. Frierson, in the Federal Register each year. conference. Deputy Secretary of the Board. The mission of CDC is to promote [FR Doc. 04–24476 Filed 11–2–04; 8:45 am] I. Funding Opportunity Description health and improve the quality of life by BILLING CODE 6210–01–S Authority: preventing and controlling disease, The Centers for Disease Control and injury, and disability. Prevention (CDC) program is authorized This is occurring through the support GENERAL SERVICES under section 317(k) (2) (c) and (d) of of conferences and meetings in the areas ADMINISTRATION the Public Health Service Act, [42 of public health research, education, U.S.C. 247b (k) (2) (c) and (d)]. prevention research in program and Office of Governmentwide Policy Purpose: policy development in managed care The Centers for Disease Control and and also through prevention Revision of SF 129, Solicitation Mailing Prevention (CDC) announce the pending application. CDC is meeting its overall List Application availability of appropriated fiscal year goal of dissemination and AGENCY: Office of Governmentwide (FY) 2005 funds for National Center for implementation of new cost-effective Policy, GSA. the Chronic Disease Prevention and intervention strategies. ACTION: Notice. Health Promotion Conference Support Measurable outcomes of the program Program. This program addresses the will be in alignment with one or more SUMMARY: The General Services ‘‘Healthy People 2010’’ focus areas of of the following performance goal(s) for Administration, Office of the Chief Arthritis, Osteoporosis, and Chronic the National Center for Chronic Disease Acquisition Officer, has revised SF 129, Back Conditions, Cancer, Diabetes, Prevention and Promotion: (1) Increase Solicitation Mailing List Application. Educational and Community-Based early detection of breast and cervical The data on this form is now collected Programs, Heart Disease and Stroke, cancer by building nationwide programs on the following Web site: http:// Maternal, Infant and Child Health, in breast and cervical cancer prevention,

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especially among high-risk, underserved international conferences). Accessibility 100,000. (These amounts are for the first women. (2) Expand community-based under ADAAG addresses 12-month budget period). breast and cervical cancer screening and accommodations for persons with Floor of Award Range: None. diagnostic services to low income, sensory impairments as well as persons Ceiling of Award Range: None. medically underserved women. For with physical disabilities or mobility Anticipated Award Date: women diagnosed with cancer or pre- limitations. Approximately sixty days before the cancer, ensure access to treatment • Manage all activities related to date of the conference. services. (3) Reduce cigarette smoking program content (e.g., objectives, topics, Budget Period Length: 12 month among youth. (4) Support prevention attendees, session design, workshops, budget period for each cycle. research to develop sustainable and special exhibits, speaker’s fees, agenda Project Period Lengths: One year transferable community-based composition, and printing). Many of project period and a five-year project behavioral interventions. (5) Increase these items may be developed in concert period. the capacity of state cardiovascular with assigned CDC project personnel. Throughout the project period, CDC’s health programs to address prevention • Provide draft copies of the agenda commitment to continuation of awards of cardiovascular disease at the and proposed ancillary activities to CDC will be conditioned on the availability community level. (6) Reduce death and for approval. All but ten percent of the of funds, evidence of satisfactory disability due to heart disease and total funds awarded for the proposed progress by the recipient (as stroke and eliminate disparities. (7) conference will be initially restricted documented in required reports), and Increase the capacity of state diabetes pending approval of a full, final agenda the determination that continued control programs to address the by CDC. The remaining 90 percent of funding is in the best interest of the prevention of diabetes and its funds will be released by letter to the Federal Government. complications at the community level. grantee upon the approval of the final (8) Improve the quality of state-based agenda. Because conference support by III. Eligibility Information cancer registries. (9) Help states monitor CDC creates the appearance of CDC co- III.1. Eligible Applicants the prevalence of major behavioral risks sponsorship, there will be active Applications may be submitted for associated with premature morbidity participation by CDC in the CDC support by public and private and mortality in adults to improve the development and approval of those nonprofit organizations and by planning, implementation, and portions of the agenda supported by governments and their agencies, such evaluation of health promotion and CDC funds. CDC funds will not be as: disease prevention programs. (10) expended for non-approved portions of • Public nonprofit organizations. Decrease levels of obesity, or reduce the meetings. In addition, CDC will reserve • Private nonprofit organizations. rate of growth of obesity, in the right to approve or reject the content • Faith-Based organizations. communities through nutrition and of the full agenda, press events, • Universities and Colleges. physical interventions. (See Attachment promotional materials (including press • Voluntary associations. I for the specific topic areas as posted releases), speaker selection, and site • Foundations and civic groups. at the CDC Web site, at, www.cdc.gov, selection. CDC reserves the right to • Scientific or professional Click on ‘‘Funding’’ then ‘‘Grants and terminate co-sponsorship if it does not Cooperative Agreements’’, and then associations. concur with the final agenda. • locate the specific topic areas for this • Determine and manage all Federally recognized Indian tribal announcement.) promotional activities (e.g., title, logo, governments. This announcement is only for non- • Indian tribes. announcements, mailers, press, etc.). • research activities supported by CDC. If CDC must review and approve any Indian tribal organizations. research is proposed, the application materials with reference to CDC III.2. Cost Sharing or Matching will not be reviewed and the application involvement or support. will be returned to the applicant. For • Manage all registration processes Matching funds are not required for the definition of research, please see the with participants, invitees, and this program. CDC Web site at the following Internet registrants (e.g., travel, reservations, III.3 Other address: http://www.cdc.gov/od/ads/ correspondence, conference materials Programmatic Interest Areas: opspoll1.htm. and handouts, badges, registration To be eligible to apply, the applicant Activities: procedures, etc.). must: Propose a conference that matches In conducting activities to achieve the • Plan, negotiate, and manage only one topic area identified in the purpose of this program, the recipient conference site arrangements, including ‘‘Topic Areas of Programmatic Interest’’ will be responsible for the following all audio-visual needs. activities: as listed in Attachment I, as posted on • The conference organizer(s) may II. Award Information the CDC Web site, at www.cdc.gov, Click use CDC’s name only in accurate public Type of Award: Grant. on ‘‘Funding’’ then ‘‘Grants and relations for the conference, meaning Fiscal Year Funds: FY 2005. Cooperative Agreements’’. Each information that is true and factual. CDC Approximate Total Funding: $2.0 application should address one specific involvement in the conference does not million dollars (These amounts are topic area for the 12 month budget. necessarily indicate support for the estimates, and are subject to availability Applications for the five year project organizer’s general policies, activities, of funds). period should address the topic area of products, or the content of speakers’ Approximate Number of Awards: 40 focus for years two through five. A presentations. to 50. separate application must be submitted • All conferences co-sponsored under Approximate Average of Awards: It is to address the different topic areas of this announcement shall be held in expected that the average award range focus. facilities that are fully accessible to the for a one year project period will be Use of Funds: public as required by the Americans $25,000 to $75,000. It is expected that Funds may be used for direct cost with Disabilities Act Accessibility the average award range for a five year expenditures: Salaries; speaker fees (for Guidelines (ADAAG) (Does not apply to project period will be $25,000 to services rendered); rental of necessary

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conference-related equipment; • Font size: 12-point unreduced. • An elaboration on the conference registration fees; and transportation • Double spaced. objectives and target audience. A list costs (not to exceed economy class fare) • Paper size: 8.5 by 11 inches. should be included of the principal for non-Federal individuals. • Page margin size: One inch. areas or topics to be addressed. If a Funds may be used for only those • Printed only on one side of page. series of conferences are proposed for a parts of the conference specifically • Written in plain English language, five year project period, the applicant supported by CDC or ATSDR as avoid jargon. must provide information on proposed documented in the grant award. Your LOI must contain the following conferences for years two through five. CDC will accept and review information: • A proposed or final agenda must be applications with budgets greater than • The name of the organization. included. the ceiling of the award range. • Primary contact person’s name. • A clear description of the Special Requirements: • Mailing address. evaluation plan and how it will assess • CDC Conference Support awards • Telephone number and, if available, the accomplishments of the conference will be in two categories: Awards with fax and e-mail. objectives. A sample of the evaluation a one year project period; and awards • Title of the proposed conference— instrument that will be used must be with a five year project period. include the term ‘‘conference,’’ included and a step-by-step schedule • Each year the applicant must meet ‘‘symposium,’’ or similar designation. and detailed operation plan of major the posted deadline dates in the Federal • Date(s) of conference—inclusive conference planning activities necessary Register to be eligible for funding in FY dates of the conference. A series would to attain specified objectives. 2006, 2007, 2008 and 2009. be the exact same conference focus area • Budget plan and justification—A • Late applications will be considered conducted more than one time. detailed and clearly justified budget non-responsive. See section ‘‘IV.3. • Location of city, state, and physical narrative that is consistent with the Submission Dates and Times’’ for more facilities required for the conduct of the purpose, objectives, and operation plan information on deadlines. meeting. of the conference for FY 2005. • Applicants who do not submit a • Project topics (no more than one). Applications that are part of the five Letter of Intent (LOI) will not be eligible See attachment II. year project period must submit a to submit an application for review or • Total conference cost and total detailed budget and justification for year funding. requested from CDC (must be less than one and a categorical budget consistent • Note: Title 2 of the United States 100 percent). with budget form 424a for years two Code Section 1611 states that an • Intended audience, approximate through five that describes the financial organization described in Section number, and profession of persons resources needed over the five year 501(c)(4) of the Internal Revenue Code expected to attend. project period. It should include the that engages in lobbying activities is not • Justification for the conference share requested from this grant as well eligible to receive Federal funds Application: You must submit a as those funds from other sources, constituting an award, grant, or loan. project narrative with your application including organizations, institutions, IV. Application and Submission forms. The narrative must be submitted conference income, and/or registration Information in the following format: fees. (The 12 page limit does not include • Maximum number of pages: 12 the budget.) IV.1. Address To Request Application pages. If your narrative exceeds the page Additional information may be Package limit, only the first pages which are included in the application appendices. To apply for this funding opportunity within the page limit will be reviewed. The appendices will not be counted • use application form PHS 5161–1 (OMB Font size: 12 point unreduced. toward the narrative page limit. This • Number 0937–0189). Application forms Double spaced. additional information includes: • and instructions are available on the Paper size: 8.5 by 11 inches. • Biographical sketches are required • CDC Web site, at the following Internet Page margin size: One inch. for the individuals responsible for • address: www.cdc.gov/od/pgo/ Printed only on one side of page. planning and implementing the • Clearly numbered pages. conference. Experience and training forminfo.htm. If you do not have access • to the Internet, or if you have difficulty A complete index to the application related to conference planning and and appendices. implementation as it relates to the accessing the forms on-line, you may • contact the CDC Procurement and Held together only by rubber bands proposed topic should be noted. • Grants Office Technical Information or metal clips; not bound in any other Letters of endorsement or support— Management Section (PGO–TIM) staff way. Letters of endorsement or support for at: 770–488–2700. Application forms Your narrative should address the sponsoring organization and its can be mailed to you. activities to be conducted over the capability to perform the proposed entire project period: conference activity. IV.2. Content and Form of Submission • A brief background of the You are required to have a Dun and Letter of Intent (LOI): organization—include the Bradstreet Data Universal Numbering A LOI is required for this Program organizational history, purpose, and System (DUNS) number to apply for a Announcement. The LOI will not be previous experience related to the grant or cooperative agreement from the evaluated or scored. Your letter of intent proposed conference topic. Provide Federal government. The DUNS number will be used to estimate the potential information on your last five is a nine-digit identification number, reviewer workload and to avoid conferences that addressing when and which uniquely identifies business conflicts of interest during the review. If where the conference was held. entities. Obtaining a DUNS number is you do not submit a LOI, you will not • A clear statement of the need for easy and there is no charge. To obtain be allowed to submit an application. and purpose of the conference. This a DUNS number, access http:// Your LOI must be written in the statement should also describe any www.dunandbradstreet.com or call 1– following format: problems the conference will address or 866–705–5711. • Maximum number of pages: Two to seek to solve, and the action items or For more information, see the CDC three typewritten pages. resolutions it may stimulate. Web site at: http://www.cdc.gov/od/pgo/

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funding/pubcommt.htm. Please include IV.4. Intergovernmental Review of delivery service to: Technical your DUNS number in your application Applications Information Management Section, PA cover letter. Your application is subject to 05031, Procurement and Grants Office, Additional requirements that may Intergovernmental Review of Federal Centers for Disease Control and require you to submit additional Programs, as governed by Executive Prevention, 2920 Brandywine Road, documentation with your application Order (EO) 12372. This order sets up a Room 3000, Atlanta, Georgia 30341– are listed in section ‘‘VI.2. system for state and local governmental 4146. Administrative and National Policy review of proposed Federal assistance Applications may not be submitted Requirements.’’ applications. You should contact your electronically at this time. If your conference dates fall between state single point of contact (SPOC) as IV.3. Submission Dates and Times May 1, 2005 to April 30, 2006, you early as possible to alert the SPOC to should apply under Cycle A under this LOI Deadline Date: Cycle A: prospective applications, and to receive announcement for year one budget November 22, 2004. Cycle B: February instructions on your state’s process. period. If your conference dates fall 3, 2005. Click on the following link to get the between August 1, 2005 to September CDC requires that you submit a LOI if current SPOC list: http:// 30, 2006, you should apply under Cycle you intend to apply for this program. www.whitehouse.gov/omb/grants/ B under this announcement for year one Although the LOI will not be evaluated, spoc.html. budget period. and does not enter into review of your IV.5. Funding Restrictions If your conference dates fall between subsequent application, failure to Restrictions, which must be taken into May 1, 2006 to April 30, 2007, you submit a timely LOI will preclude you should apply under Cycle A under this from submitting an application. account while writing your budget, are as follows: announcement for year two budget Application Deadline Date: Earliest • period. If your conference dates fall Possible Award Dates: Cycle A: Funds may not be used for the purchase of equipment; payments of between August 1, 2006 to September December 22, 2004–April, 2005. Cycle 30, 2007, you should apply under Cycle B: April 6, 2005–August, 2005. honoraria (for conferring distinction); alterations or renovations; B under this announcement for year two Explanation of Deadlines: LOIs and organizational dues; support budget period. Applications must be received in the entertainment or personal expenses; If your conference dates fall between CDC Procurement and Grants Office by food or snack breaks; cost of travel and May 1, 2007 to April 30, 2008, you 4 p.m. Eastern Time on the deadline payment of a Federal employee or per should apply under Cycle A under this date. If you submit your LOI or diem or expenses for local participants announcement for year three budget application by the United States Postal (other than local mileage). Travel for period. If your conference dates fall Service or commercial delivery service, CDC employees will be supported by between August 1, 2007 to September you must ensure that the carrier will be CDC. Travel for other Federal employees 30, 2008, you should apply under Cycle able to guarantee delivery by the closing will be supported by the employees’ B under this announcement for year date and time. If CDC receives your Federal agency. three budget period. submission after closing due to: (1) • Funds may not be used for If your conference dates fall between Carrier error, when the carrier accepted reimbursement of indirect costs. May 1, 2008 to April 30, 2009, you the package with a guarantee for • CDC will not fund 100 percent of should apply under Cycle A under this delivery by the closing date and time, or any conference proposed under this announcement for year four budget (2) significant weather delays or natural announcement. Part of the cost of the period. If your conference dates fall disasters, you will be given the proposed conference must be supported between August 1, 2008 to September opportunity to submit documentation of with funds other than Federal funds. 30, 2009, you should apply under Cycle the carriers guarantee. If the • CDC will not fund a conference B under this announcement for year documentation verifies a carrier after it has taken place. four budget period. problem, CDC will consider the If your conference dates fall between • Federal funds may not be used to submission as having been received by May 1, 2009 to April 30, 2010, you fund novelty items or souvenirs. the deadline. should apply under Cycle A under this Guidance for completing your budget announcement for year five budget This announcement is the definitive can be found on the CDC Web site, at period. If your conference dates fall guide on LOI and application content, the following Internet address: http:// between August 1, 2009 to September submission address, and deadline. It www.cdc.gov/od/pgo/funding/ 30, 2010, you should apply under Cycle supersedes information provided in the budgetguide.htm. application instructions. If your B under this announcement for year five submission does not meet the deadline IV.6. Other Submission Requirements budget period. above, it will not be eligible for review, LOI Submission Address: Submit the If your conference dates fall between and will be discarded. You will be original and two hard copies of your October 1, 2004 and April 30, 2005, you notified that you did not meet the LOI by express mail or delivery service should have applied under the previous submission requirements. to: Technical Information Management Announcement 04004, and your LOI CDC will not notify you upon receipt Section, PA 05031, Procurement and will be considered non-responsive to of your submission. If you have a Grants Office, Centers for Disease Program Announcement 05031. question about the receipt of your LOI Control and Prevention, 2920 V. Application Review Information or application, first contact your courier. Brandywine Road, Room 3000, Atlanta, If you still have a question, contact the Georgia 30341–4146. V.1. Criteria PGO–TIM staff at: 770–488–2700. Before LOIs may not be submitted Applicants are required to provide calling, please wait two to three days electronically at this time. measures of effectiveness that will after the submission deadline. This will Application Submission Address: demonstrate the accomplishment of the allow time for submissions to be Submit the original and two hard copies various identified objectives of the processed and logged. of application by express mail or grant. Measures of effectiveness must

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relate to the performance goals stated in and be affected by, the proposed V.3. Anticipated Announcement and the ‘‘Purpose’’ section of this conference. Award Dates announcement. Measures must be 4. Evaluation Methods (20 Points) The anticipated announcement date is objective and quantitative, and must November 5, 2004 and the award dates measure the intended outcome. These Evaluation instrument(s) for the will be 30–60 days before the measures of effectiveness must be conference should adequately assess conferences begin. submitted with the application and will increased knowledge, attitudes, and be an element of evaluation. behaviors of the target audience. VI. Award Administration Information Each application will be evaluated 5. Applicant’s Capability (10 Points) VI.1. Award Notices individually against the following criteria by an independent review group a. The applicant’s capability includes Successful applicants will receive a appointed by CDC. Each application the adequacy of the applicant’s Notice of Grant Award (NGA) from the will be evaluated based on the following resources (additional sources of CDC Procurement and Grants Office. criteria: funding, organization’s strengths, staff The NGA shall be the only binding, time, proposed physical facilities, etc.) authorizing document between the 1. Proposed Program and Technical available for conducting conference recipient and CDC. The NGA will be Approach (25 Points) activities. signed by an authorized Grants The applicant’s description of the b. The extent to which the applicant Management Officer, and mailed to the proposed conference as it relates to demonstrates a history (at least three recipient fiscal officer identified in the specific non-Federal conferences in the years) of managing conferences. application. areas of health promotion and disease Unsuccessful applicants will receive prevention information/education 6. Budget Justification and Adequacy of notification of the results of the programs (except substance abuse), Facilities (Not Scored) application review by mail. including the public health need of the The proposed budget will be VI.2. Administrative and National proposed conference and the degree to evaluated on the basis of its Policy Requirements which the conference can be expected to reasonableness, concise and clear influence public health practices. justification, and consistent with the 45 CFR Part 74 and Part 92 Evaluation will also be based on the intended use of grant funds. The For more information on the Code of extent of the applicant’s collaboration application will also be reviewed as to Federal Regulations, see the National with other organizations serving the the adequacy of existing or proposed Archives and Records Administration at intended audience. The applicant’s facilities and resources for conducting the following Internet address: http:// description of conference objectives in conference activities. www.access.gpo.gov/nara/cfr/cfr-table- terms of quality, specificity, and the search.html. feasibility of the conference based on V.2. Review and Selection Process The following additional the operational plan will also be Applications will be reviewed for requirements apply to this project: evaluated. completeness by the Procurement and • AR–7 Executive Order 12372. • 2. Conference Objectives (25 Points) Grants Office (PGO) staff and for AR–9 Paperwork Reduction Act responsiveness by the National Center Requirements. a. The overall quality, reasonableness, for Chronic Disease Prevention. • AR–10 Smoke-Free Workplace feasibility, and logic of the designed Incomplete applications and Requirements. • conference objectives, including the applications that are non-responsive to AR–11 Healthy People 2010. overall work plan and timetable are • AR–12 Lobbying Restrictions. the eligibility criteria will not advance • accomplished. through the review process. Applicants AR–13 Prohibition on Use of CDC b. The likelihood of accomplishing will be notified that their application Funds for Certain Gun Control conference objectives as they relate to did not meet submission requirements. Activities. disease prevention and health • AR–15 Proof of Non-Profit Status. An objective review panel will promotion goals, and the feasibility of • AR–20 Conference Support. evaluate complete and responsive the project in terms of the operational • AR–23 State Grantees and Faith- applications according to the criteria plan. Based Organizations. listed in the ‘‘V.1. Criteria’’ section Additional information on these 3. The Qualifications of Program above presented by three reviewers from requirements can be found on the CDC Personnel (20 Points) CDC employees that are all outside the Web site at the following Internet Evaluation will be based on the extent funding cognizant program office. address: http://www.cdc.gov/od/pgo/ to which the application has described. Applications will be funded in order funding/ARs.htm. a. The extent to which the application by score and rank determined by the provides evidence of the qualifications, review panel. VI.3. Reporting Requirements experience, and commitment of the Applications received in subsequent You must provide CDC with an principal staff person, and his/her budget periods that are part of a series original, plus two hard copies of the ability to devote adequate time and will be technically reviewed by an following reports: effort to provide effective leadership. assigned CDC project officer providing 1. Interim progress report, due no less b. The extent to which the application their application is consistent with the than 90 days before the end of the provides evidence of the competence of scope of this program announcement budget period. The progress report will associate staff persons, discussion and their originally approved serve as your non-competing leaders, speakers, and presenters to application. Any application proposed continuation application, and must accomplish conference objectives. in a series where the scope of the contain the following elements: c. The extent to which the application application is not consistent with their a. Current Budget Period Activities demonstrates the knowledge of original application will be reviewed by Objectives. nationwide and educational efforts an objective review panel according to b. Current Budget Period Financial currently underway which may affect, the evaluation criteria. Progress.

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c. New Budget Period Program Key Dates: Letter of Intent Deadline the National Center on Birth Defects and Proposed Activity Objectives. (LOI): December 3, 2004. Developmental Disabilities: Improve the d. Budget. Application Deadline: January 3, health and quality of life of Americans e. Measures of Effectiveness. 2005. with disabilities. f. Additional Requested Information. Executive Summary: The State Activities: Activities for Levels II and 2. Financial status report, due no later capacity cooperative agreements are III: Note that items (a) through (e) relate than 90 days after the end of the budget providing financial assistance to: (1) to activities for both Level II and III period/project. Establish and/or sustain State offices for State applicants. Items (f) and (g) below These reports must be mailed to the preventing secondary conditions and relate only to Level II State applicants. Grants Management or Contract promoting the health of people with (a) Establish the organizational Specialist listed in the ‘‘Agency disabilities as a State public health location and focus for the project within Contacts’’ section of this announcement. priority, and serve as a technical the applicant agency and engage key assistance (TA) resource and statewide VII. Agency Contacts collaborators (e.g., disability service focus for the prevention of secondary organizations, advocacy groups, We encourage inquiries concerning conditions; (2) support an advisory universities) in the design and this announcement. For general function to coordinate and provide attainment of program goals and questions, contact: Technical policy and program direction guidance objectives. Information Management Section, CDC in the State; (3) develop and/or (b) Expand or develop an advisory Procurement and Grants Office, 2920 implement a State strategic plan or function comprised of key partners Brandywine Road, Atlanta, GA 30341, policy instrument for health promotion representing the disability community. Telephone: 770–488–2700. for persons with disabilities; (4) The advisory group will contribute to For program technical assistance, establish and implement partnerships the policy and planning functions of the contact: Vivian Bryant, Program with universities or state health applicant. At least 30 percent of the Analyst, CDC National Center for departments or other state agencies to advisory membership must have a Chronic Disease Prevention and Health support and complement project disabling condition. Promotion, 4770 Buford Hwy NE., activities; (5) maintain and refine (c) Collect and analyze data using Atlanta, GA 30341–3717, Telephone: prescribed public health surveillance or survey questions in the Behavioral Risk 770–488–6292, E-mail: survey activities related to disability Factor Surveillance System (BRFSS) or [email protected]. and/or secondary conditions in order to other survey instruments. For financial, grant management, or implement prevention efforts and (d) Investigate and document the budget assistance, contact: Rick Jaeger, program evaluation activities; (6) process (to be or already) established of Grants Management Specialist, CDC provide TA to communities; and (7) gaining access to or obtaining Procurement and Grants Office, 2920 promote education and health information from administrative data Brandywine Road, Atlanta, GA 30341, promotion programs for persons with within the State to plan and implement Telephone: 770–488–2727, E-mail: disabilities, conduct training of health activities to prevent secondary [email protected]. professionals, and facilitate access to conditions and improve the health of services for persons with disabilities. VIII. Other Information people with disabilities to which the I. Funding Opportunity Description data relate. This and other CDC funding (e) Disseminate health promotion opportunity announcements can be Authority: This program is authorized information through diverse and found on the CDC Web site, Internet under Sections 311, 317(k)(2), and 317C of innovative marketing plans. address: http://www.cdc.gov. Click on the Public Health Service Act, (42 U.S.C. 243, (f) Plan, implement and evaluate over ‘‘Funding’’ then ‘‘Grants and 247b(k)(2), and 247b–4) as amended. the project period health promotion Cooperative Agreements.’’ Purpose: The Centers for Disease interventions related to Chapter 6 Dated: October 28, 2004. Control and Prevention (CDC) objectives in Healthy People 2010 or the William P. Nichols, announces the availability of fiscal year leading health indicators for people Acting Director, Procurement and Grants (FY) 2005 funds for cooperative with disabilities. Office, Centers for Disease Control and agreements for State implementation (g) Promote and help develop strategic Prevention. projects for preventing secondary planning instruments that will influence [FR Doc. 04–24513 Filed 11–2–04; 8:45 am] conditions and promoting the health of State-level public health and health BILLING CODE 4163–18–P persons with disabilities. This program promotion activities such as Healthy addresses the ‘‘Healthy People 2010’’ People 2010 objectives. focus area(s) of Disability and In a cooperative agreement, CDC staff DEPARTMENT OF HEALTH AND Secondary Conditions. is substantially involved in the program HUMAN SERVICES The purpose of this program is to activities, above and beyond routine support States in preventing secondary grant monitoring. Centers for Disease Control and conditions in persons with disabilities CDC Activities for this program are as Prevention and in implementing effective health follows: promotion and wellness programs for • State Implementation Projects for Provide scientific and persons with disabilities. This Preventing Secondary Conditions and programmatic TA as requested or announcement is comprised of two Promoting the Health of People With indicated in the planning and conduct levels of cooperative agreements: Disabilities of disability data collection, Level II—State Implementation Projects communications, and health promotion Announcement Type: New. Level III—State Infrastructure activities. Funding Opportunity Number: RFA Development Projects • Provide a point of referral and 05007. Measurable outcomes of the program coordination for State, regional and/or Catalog of Federal Domestic will be in alignment with one (or more) national data pertinent to the disabling Assistance Number: 93.184. of the following performance goal(s) for process.

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• Provide assistance to States in progress by the recipient (as Montana, New Jersey, Oregon, Rhode regard to BRFSS, or other survey-based documented in required reports), and Island, Vermont, and Virginia. In sources of data. the determination that continued addition, eligible applicants include the • Facilitate coordination with other funding is in the best interest of the District of Columbia, all States, federally federal statistical research and data Federal Government. recognized Indian Tribes and United resources. States Territories. • Assist State projects in their III. Eligibility Information To be eligible, applicants for Level II development of program evaluation III.1. Eligible Applicants must also provide: measures and processes. (a) The State Plan for Disability and Assistance will be provided to the Health. The Plan can be in final form or II. Award Information health departments of States or their in the process of final review. bona fide agents or designees, including Type of Award: Cooperative (b) An established and functioning the District of Columbia, the Agreement. CDC involvement in this disability and health advisory Commonwealth of Puerto Rico, the program is listed in the Activities component of which at least 30 percent Virgin Islands, the Commonwealth of Section above. of the members are people with the Northern Mariana Islands, American Fiscal Year Funds: 2005. disabilities. The advisory group Samoa, Guam, federally recognized Approximate Total Funding: contributes to the policy and planning Indian tribal governments, the $2,500,000. (This amount is an estimate, functions of the applicant. A listing of Federated States of Micronesia, the and is subject to availability of funds.) the advisory committee membership Republic of the Marshall Islands, and Approximate Number of Awards: 9– with their areas of expertise and interest the Republic of Palau. 11. is to be provided and certified by the Eligibility is also extended to agencies Approximate Average Award: committee/council chairperson, with an and organizations other than the official $280,000 for Level II; $125,000 for Level indication only as to the number of health department. In those cases, these III. (These amounts are for the first 12- persons with disabilities within that entities must provide written month budget period, and includes both group. direct and indirect costs.) concurrence from that health agency A copy of the State Plan and the Floor of Award Range: $175,000 for and describe the proposed collaborative composition and function statement of Level II; $125,000 for Level III. relationship. Under that circumstance, the Advisory Council must be provided Ceiling of Award Range: $360,000 for the role of the official State health as attachments to the application. Level II; $150,000 for Level III. agency must be shown to be Level III: Eligible applicants for Level Anticipated Award Date: April 1, complementary, collaborative, and III funding are the District of Columbia, 2005. demonstrate clearly defined all States, federally recognized Indian Budget Period Length: 12 months. programmatic commitments and Tribes and United States Territories Project Period Length: Two years. obligations. regardless of their current CDC Level II: CDC anticipates making up to Only one application from each State Disability and Health Program funding 7 awards for projects which will be or Territory may be submitted. The status. designated as Level II states. Funding agency determined to be the applicant CDC will conduct a conference call constraints dictate that no more than for the State may apply for more than November 16, 2004 with prospective one of the eligible states will receive an one Level (i.e. Level II or Level III) of applicants to answer questions award at the $360,000 level. The average funding under the eligibility regarding this announcement. If you award for remaining states eligible as a requirements for each. Once that agency wish to participate, contact by e-mail Level II applicant will be $280,000. is determined, no other agency within the official noted for Program TA in the Requests for Level II awards in excess of that State can submit an application for ‘‘Agency Contacts’’ section of this $360,000 will be considered as non- any other Level of funding. However, a announcement ([email protected]). You responsive and will be returned to the complete and separate application must will be informed by return e-mail as to applicant. The major criteria for Level II be submitted from that same applicant the time, telephone number, and awards will be that intervention agency/entity based on the program passcode for that call. You are programs for persons with disabilities requirements and evaluation criteria for encouraged to provide advance are established and being implemented that component (Level) of this questions that will be part of the general within the agency jurisdiction and announcement. Only one award will be discussion during the call. constituency served. issued per State. Level III: CDC anticipates making up States are considered the most III.2. Cost Sharing or Matching to 4 awards for projects which will be appropriate applicants since the Matching funds are not required for designated as Level III states. It is national goals of this program include this program. expected that Level III awards will developing capacity in all States and average $125,000 with no award to be their delivery systems to monitor, III.3. Other made in excess of $150,000. Requests characterize, and improve the health of If you request a funding amount for Level III awards in excess of people with disabilities and prevent greater than the ceiling of the award $150,000 will be considered as non- secondary conditions. range, your application will be responsive and will be returned to the Two levels of cooperative agreements considered non-responsive, and will not applicant. Funding for Level III projects will be awarded: be entered into the review process. You is designed to develop State Level II: Eligible applicants for Level will be notified that your application infrastructure, and short-term II funding are States currently funded did not meet the submission implementation of intervention under CDC PA 02007, State requirements. activities is not required. Implementation Projects for Preventing Special Requirements: Throughout the project period, CDC’s Secondary Conditions and Promoting If your application is incomplete or commitment to continuation of awards the Health of People with Disabilities. non-responsive to the special will be conditioned on the availability Eligible states include Arkansas, requirements listed in this section, it of funds, evidence of satisfactory California, Illinois, Massachusetts, will not be entered into the review

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process. You will be notified that your • Font size: 12–14 point unreduced sets, and those in conjunction with application did not meet submission • Double spaced identified partners. requirements. • Paper size: 8.5 by 11 inches b. Describe how the university or state • Late applications will be considered • Page margin size: One inch agency partnership or collaboration non-responsive. See section ‘‘IV.3. • Printed only on one side of page with the state BRFSS Coordinator or Submission Dates and Times’’ for more • Held together only by rubber bands or other agencies has or will be engaged to information on deadlines. metal clips; not bound in any other facilitate epidemiologic excellence. • Note: Title 2 of the United States way Provide data from the BRFSS, other Code Section 1611 states that an • Attachments to the application should state sources, or selected administrative organization described in Section be held to a minimum in keeping to data describing both the magnitude of 501(c)(3) of the Internal Revenue Code those items referenced or required by disability, and the risk and protective that engages in lobbying activities is not this Announcement. The attachments factors related to the onset and progress eligible to receive Federal funds do not count toward the page of secondary conditions. constituting an award, grant, or loan. application limit for that funding c. Describe how data will, or is being level used, for policy development and IV. Application and Submission planning. Information Your narrative should address activities to be conducted over the 4. Program Work Plan: a. Provide measurable and time- IV.1. Address To Request Application entire project period. Level II and Level phased goals and objectives for the Package III applicants must include the project period. Objectives should be following items in the order listed: To apply for this funding opportunity outcome oriented as much as possible, 1. Background and Need: use application form PHS 5161. rather than focusing on processes or a. Describe the current status of Application forms and instructions are outputs. Provide baselines for each disability and health programs in the available on the CDC Web site, at the objective. The work plan should include state, and describe your understanding following Internet address: http:// the goal of defining the burden of of the need for this program in the state. www.cdc.gov/od/pgo/forminfo.htm. disabilities. If you do not have access to the Identify the extent of the problem, b. Describe proposed activities that Internet, or if you have difficulty available services and support will lead to the achievement of the accessing the forms on-line, you may resources, at-risk groups, knowledge stated goals and objectives. Activities contact the CDC Procurement and gaps, and the use of this award in may include the following: Grants Office Technical Information meeting such needs. Provide the data • Conducting the BRFSS survey and Management Section (PGO–TIMS) staff sources that document the need for the analyzing the data at: 770–488–2700. Application forms program. • Initiating or expanding strategic can be mailed to you. b. Provide justification for partnerships with specific activities emphasizing select populations or the IV.2. Content and Form of Submission identified sub-group of disabling conditions to be • Providing TA to communities Letter of Intent (LOI): A non-binding targeted by the applicant. Provide • Promoting education and health letter of intent is requested from references for any studies or sources promotion programs for persons with prospective applicants. The letter from which this information was disabilities should not exceed one page. It should obtained. • Conducting training of health identify the announcement number, the 2. Collaborations: professionals proposed project director, and denote a. Discuss the collaborations proposed • Facilitating access to services for whether funding Level II or III is being with principal partners in the conduct persons with disabilities proposed. This letter will allow CDC to of the project, such as a formal 5. Evaluation Plan: Discuss how the determine the amount of interest in the university or state agency alliance that project will measure the outcomes of announcement, to plan the review more will have an impact on the capacity of proposed targeted activities (e.g., efficiently, and to ensure that each the State to mount or improve efforts in increases in public awareness, applicant receives timely and relevant health promotion and the prevention of knowledge, behavior, and the overall information prior to the application secondary conditions. Provide letters of benefits of State Planning and advisory submission date. Your LOI must be support describing the nature of each activities). Include a description of the written in the following format: collaboration, and the extent of the evaluation design, methods, partners, • Maximum number of pages: One collaborative commitment in the scope • and processes to be followed for Font size: 12-point unreduced of work and human and financial conducting program evaluation. • Single spaced resources. • 6. Management/Staffing Plan: Paper size: 8.5 by 11 inches b. Describe progress in developing or a. Provide a description of the • Page margin size: One inch implementing a formal State Plan for the • proposed staffing for the project, and the Printed only on one side of page prevention of secondary conditions and • plan to expedite filling of all positions. Written in plain language, avoid promoting the health of people with The plan must include the appointment jargon disabilities, and describe the role of a of a full time program manager/ Application: You must submit a new or existing advisory function to aid coordinator. project narrative with your application in that effort and in other assigned b. Discuss the responsibilities of forms. The narrative must be submitted responsibilities. individual staff members including the in the following format: 3. Epidemiologic Capacity: level of effort and time allocation for • Maximum number of pages: 35 pages a. Furnish descriptions of the each project objective by staff position. if applying for Level II; 25 pages if epidemiologic capacity structure in c. Describe plans for on-going applying for Level III. If your narrative place or proposed to coordinate and management and operation of the exceeds the page limit, only the first promote data collection and analysis project in the event of unexpected pages which are within the page limit including the BRFSS, other state data vacancies, hiring restrictions, or will be reviewed. sources, selected administrative data difficulty in recruiting for key positions.

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d. Describe how the integration of Explanation of Deadlines: • Funds may not be used to supplant disability and health functions as an Applications must be received in the State, local, or other applicant funds for integral component of applicant/health CDC Procurement and Grants Office by the purpose of this cooperative agency services and operations will be 4 p.m. Eastern Time on the deadline agreement. achieved. date. If you submit your application by • Funds may not be used to lease or e. Present a graphic flowchart (i.e., the United States Postal Service or purchase space or facilities. Gantt chart) denoting time interval commercial delivery service, you must • Funds may not be used for patient performance expectations over the first ensure that the carrier will be able to care. budget year. guarantee delivery by the closing date If you are requesting indirect costs in 7. Budget and Narrative Justification: and time. If CDC receives your your budget, you must include a copy Provide a detailed line-item budget and submission after closing due to: (1) of your indirect cost rate agreement. If narrative justification for all operating Carrier error, when the carrier accepted your indirect cost rate is a provisional expenses consistent with and clearly the package with a guarantee for rate, the agreement should be less than related to the proposed objectives and delivery by the closing date and time, or 12 months of age. planned activities. (2) significant weather delays or natural Guidance for completing your budget Additional information may be disasters, you will be given the can be found on the CDC Web site, at included in the application appendices. opportunity to submit documentation of the following Internet address: http:// The appendices will not be counted the carriers guarantee. If the www.cdc.gov/od/pgo/funding/ toward the narrative page limit. This documentation verifies a carrier budgetguide.htm. additional information includes: problem, CDC will consider the • Curriculum Vitaes submission as having been received by IV.6. Other Submission Requirements • Resumes the deadline. LOI Submission Address: Submit your • Organizational Charts This announcement is the definitive LOI by express mail, delivery service, • Letters of Support guide on LOI and application content, fax, or e-mail to: Donald Betts, CDC, • Graphic workplans submission address, and deadline. It • NCBDDD, 1600 Clifton Road, MS E 88, State plans for disability and health supersedes information provided in the Atlanta, GA 30333, 404–498–3957, 404– (Level II only) • application instructions. If your 498–3060, [email protected]. Listing of Advisory Committee submission does not meet the deadline Application Submission Address: membership (Level II only) above, it will not be eligible for review, Submit the original and two hard copies You are required to have a Dun and and will be discarded. You will be of your application by mail or express Bradstreet Data Universal Numbering notified that you did not meet the delivery service to: Technical System (DUNS) number to apply for a submission requirements. Information Management Section, CDC grant or cooperative agreement from the CDC will not notify you upon receipt Procurement and Grants Office, 2920 Federal government. The DUNS number of your submission. If you have a Brandywine Road, Atlanta, GA 30341. is a nine-digit identification number, question about the receipt of your LOI Applications may not be submitted which uniquely identifies business or application, first contact your courier. electronically at this time. entities. Obtaining a DUNS number is If you still have a question, contact the easy and there is no charge. To obtain PGO–TIMS staff at: 770–488–2700. V. Application Review Information a DUNS number, access http:// Before calling, please wait two to three V.1. Criteria www.dunandbradstreet.com or call 1– days after the submission deadline. This Level II and Level III applicants will 866–705–5711. will allow time for submissions to be be evaluated individually against the For more information, see the CDC processed and logged. Web site at: http://www.cdc.gov/od/pgo/ following criteria by an independent funding/pubcommt.htm. If your IV.4. Intergovernmental Review of review group appointed by CDC: Applications application form does not have a DUNS 1. Program Work Plan: (20 Points) number field, please write your DUNS Your application is subject to number at the top of the first page of Intergovernmental Review of Federal a. The extent to which the formal your application, and/or include your Programs, as governed by Executive work plan includes a clear and concise DUNS number in your application cover Order (EO) 12372. This order sets up a presentation of project goals and letter. system for state and local governmental objectives which are specific, Additional requirements that may review of proposed federal assistance measurable, achievable, and time- require you to submit additional applications. You should contact your referenced. documentation with your application state single point of contact (SPOC) as b. The extent to which the applicant are listed in section ‘‘VI.2. early as possible to alert the SPOC to effectively documents its plan to Administrative and National Policy prospective applications, and to receive provide TA, education and training, and Requirements.’’ instructions on your state’s process. health promotion programs. c. The degree to which the applicant IV.3. Submission Dates and Times Click on the following link to get the current SPOC list: http:// has met the CDC Policy requirements LOI Deadline Date: December 3, 2004. www.whitehouse.gov/omb/grants/ regarding the inclusion of women, CDC requests that you send an LOI if spoc.html. ethnic, and racial groups in proposed you intend to apply for this program. research. This includes: Although the LOI is not required, not IV.5. Funding Restrictions (1) The proposed justification when binding, and does not enter into the Restrictions, which must be taken into representation is limited or absent; review of your subsequent application, account while writing your budget, are (2) A statement as to whether the the LOI will be used to gauge the level as follows: design of the study is adequate to of interest in this program, and to allow • Reimbursement of pre-award costs measure differences when warranted; CDC to plan the application review. is not allowed. and Application Deadline Date: January 3, • Funds may not be used for (3) A statement as to whether the 2005. construction. plans for recruitment and outreach for

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study participants include the process 5. Evidence of Need and Understanding Applications will be funded in order of establishing partnerships with of the Problem: (10 Points) by score and rank determined by the community(ies) and recognition of a. The extent to which the applicant review panel. In addition, the following mutual benefits. provides an adequate description and factors may affect the funding decission: maintaining geographic diversity, and 2. Evidence of Collaboration: (20 Points) understanding of the magnitude of disabilities showing evidence (as preference to applicants funded in a a. The extent to which the proposed available) of estimates of prevalence, previous project period. collaborations are well documented demographic indicators, severity, effect CDC will provide justification for any decision to fund out of rank order. with letters of commitment conveying on families and caregivers, and specific indications as to the level of associated costs. V.3. Anticipated Announcement and involvement and material effort to be b. The degree to which the applicant Award Dates provides a suitable description of the provided in support of project It is anticipated that awards will be objectives. extent of current activities related to disability and health, including those announced on March 15, 2005. b. The extent to which the applicant addressing the prevention of secondary VI. Award Administration Information adequately describes the proposed or conditions within the State. existing advisory function, including VI.1. Award Notices evidence of representation of persons 6. Management/Staffing Plan: (10 Successful applicants will receive a with disabilities and their role and Points) Notice of Grant Award (NGA) from the capacity to influence State-level policy. a. The extent to which the applicant CDC Procurement and Grants Office. c. The extent to which the applicant provides adequate descriptions of key The NGA shall be the only binding, presents evidence of strong partnerships staff responsibilities addressing authorizing document between the between the state health department, proposed major activities. recipient and CDC. The NGA will be universities, and community-based b. The extent to which the signed by an authorized Grants organizations, and describes how these organizational placement of the project Management Officer, and mailed to the collaborations will result in successful assures optimal visibility and influence recipient fiscal officer identified in the infrastructure development. based on evidence provided by application. applicant agency leadership. Unsuccessful applicants will receive d. The extent to which the proposed c. The extent to which the applicant notification of the results of the approach demonstrates an effective addresses how it will assure and application review by mail. process to develop and publish a State achieve integration of disability and strategic plan with a Healthy People health functions as an integral VI.2. Administrative and National 2010 emphasis, and/or policy directive component of applicant/health agency Policy Requirements for the prevention of secondary services and operations. 45 CFR Parts 74 and 92 conditions as a precursor to the development of the State Plan. 7. Budget Justification: (Not Scored) For more information on the Code of The extent to which the proposed Federal Regulations, see the National 3. Epidemiologic Capacity: (20 Points) budget is reasonable, related to the Archives and Records Administration at proposed objectives and activities. the following Internet address: http:// a. The extent to which the application www.access.gpo.gov/nara/cfr/cfr-table- conveys the epidemiologic capacity and 8. Human Subjects if Applicable: (Not search.html. structure in place to coordinate and Scored) The following additional facilitate disability-related data The extent to which the applicant requirements apply to this project: collection, analysis, interpretation, and complies with the Department of Health • AR–1 Human Subjects dissemination. and Human Services Regulations (45 Requirements. b. The extent to which the applicant CFR Part 46) regarding the protection of • AR–2 Requirement for Inclusion of adequately describes how it will human subjects. Women and Racial Minorities in conduct the BRFSS, access other State Research. V.2. Review and Selection Process disability information sources related to • AR–7 Executive Order 12372. the population of interest such as Applications will be reviewed for • AR–9 Paperwork Reduction Act administrative data sets; and how such completeness by the Procurement and Requirements. data is currently, or will be utilized. Grants Office (PGO) staff, and for • AR–10 Smoke-Free Workplace responsiveness by the National Center Requirements. 4. Program Evaluation: (20 Points) on Birth Defects and Developmental • AR–11 Healthy People 2010. Disabilities (NCBDDD). Incomplete • AR–12 Lobbying Restrictions. a. The extent to which the applicant applications and applications that are • AR–22 Research Integrity. presents an appropriate and viable plan non-responsive to the eligibility criteria for the overall evaluation of the project; Additional information on these will not advance through the review including the design, methods requirements can be found on the CDC process. Applicants will be notified that (quantitative methods as well as Web site at the following Internet their application did not meet qualitative approaches such as focus address: http://www.cdc.gov/od/pgo/ submission requirements. funding/ARs.htm. groups), partners, and processes to be An objective review panel appointed followed for conducting project by CDC will evaluate complete and VI.3. Reporting Requirements evaluation. responsive applications according to the You must provide CDC with an b. The extent to which the applicant criteria listed in the ‘‘V.1. Criteria’’ original, plus two hard copies of the adequately outlines the methods and section above. Members of the objective following reports: process by which it will self-evaluate its review panel will be appointed in 1. Interim progress report, due no less performance towards meeting all accordance with Department of Health than 90 days before the end of the specified time-phased objectives. and Human Services policy. budget period. The progress report will

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serve as your non-competing DEPARTMENT OF HEALTH AND Time and Dates: 1 p.m.–5 p.m., November continuation application, and must HUMAN SERVICES 17, 2004, 8:30 a.m.–2:30 p.m., November 18, contain the following elements: 2004. Centers for Disease Control and Place: Hyatt Regency Atlanta, 265 a. Current Budget Period Activities Prevention Peachtree Street, Atlanta, Georgia 30303– Objectives. 1294. b. Current Budget Period Financial Advisory Committee for Injury Status: Open to the public, limited only by Progress. Prevention and Control the space available. c. New Budget Period Program In accordance with Section 10(a)(2) of Purpose: The Committee advises and Proposed Activity Objectives. the Federal Advisory Committee Act makes recommendations to the Secretary, Health and Human Services, the Director, (Pub. L. 92–463), the Centers for Disease d. Budget. CDC, and the Director, NCIPC, regarding Control and Prevention (CDC) feasible goals for the prevention and control e. Measures of Effectiveness. announces the following subcommittee of injury. The Committee makes f. Additional Requested Information. and committee meetings. recommendations regarding policies, 2. Financial status report no more Name: Science and Program Review strategies, objectives, and priorities, and than 90 days after the end of the budget Subcommittee (SPRS). reviews progress toward injury prevention period. Time and Date: 8 a.m.–12 p.m., November and control. 17, 2004. Matters to be Discussed: Prior to the full 3. Final financial and performance Place: Hyatt Regency Atlanta, 265 reports, no more than 90 days after the Peachtree Street, Atlanta, Georgia 30303– committee meeting, there will be a brief end of the project period. 1294. meeting conducted by conference call of the Status: Open to the public, limited only by Working Group on Injury Control and These reports must be mailed to the the space available. Infrastructure Enhancement, a group formed Grants Management or Contract Purpose: The SPRS provides advice on the to report to the full committee identifying Specialist listed in the ‘‘Agency needs, structure, progress and performance of gaps and suggesting ways to enhance injury Contacts’’ section of this announcement. programs of the National Center for Injury prevention efforts. The Working Group will Prevention and Control (NCIPC), as well as discuss drafting a white paper focusing on second-level scientific and programmatic VII. Agency Contacts defining injury infrastructure and developing review for applications for research grants, We encourage inquiries concerning cooperative agreements, and training grants a simple mechanism to assess current efforts this announcement. related to injury control and violence underway throughout the injury field to prevention, and recommends approval of enhance that infrastructure. Starting at 1 For general questions, contact: projects that merit further consideration for p.m., the full committee will meet. Agenda Technical Information Management funding support. The SPRS also advises on items include reports from the Section, CDC Procurement and Grants priorities for research to be supported by Subcommittees and Working Group; an Office, 2920 Brandywine Road, Atlanta, contracts, grants, and cooperative agreements update by the Acting Director, NCIPC, on GA 30341, Telephone: 770–488–2700. and provides concept review of program CDC/Agency for Toxic Substances and proposals and announcements. Disease Registry (ATSDR) Futures Initiative; For program TA, contact: Donald Matters to be Discussed: The SPRS will Betts, Lead Public Health Analyst, CDC, discuss the acute care research agenda and goals management at CDC/ATSDR process to NCBDDD, 1600 Clifton Road, NE (MS E details of the 2005 secondary review meeting date, by life stages, for preparedness and response and goals management for injury 88), Telephone: 404–498–3957, E-mail: to be held in Atlanta. prevention and control; core competencies [email protected]. Name: Subcommittee on Intimate Partner Violence and Sexual Assault (SIPVSA). for injury and violence prevention; For financial, grants management, or Time and Date: 8:45 a.m.–11:30 a.m., surveillance for fatal and non-fatal injuries; budget assistance, contact: November 17, 2004. health economics research at NCIPC; and an Gary Teague, Grants Management Place: Hyatt Regency Atlanta, 265 update on NCIPC preparedness and response Peachtree Street, Atlanta, Georgia 30303– activities. Specialist, CDC Procurement and Grants 1294. Office, 2920 Brandywine Road, Atlanta, Agenda items are subject to change as Status: Open to the public, limited only by priorities dictate. GA 30341, Telephone: 770–488–1981, the space available. Contact Person for More Information: Ms. E-mail: [email protected]. Purpose: To advise and make recommendations to the full advisory Louise Galaska, Executive Secretary, ACIPC, VIII. Other Information committee and the Director, NCIPC, NCIPC, CDC, 4770 Buford Highway, NE, M/ regarding feasible goals for prevention and S K02, Atlanta, Georgia 30341–3724, This and other CDC funding control of domestic and sexual violence. The telephone (770) 488–4694. opportunity announcements can be SIPVSA makes recommendations regarding The Director, Management Analysis and found on the CDC Web site, Internet strategies, objectives, and priorities in Services Office, has been delegated the address: http://www.cdc.gov. Click on programs, policies and research, and authority to sign Federal Register notices ‘‘Funding’’ then ‘‘Grants and continually evaluates NCIPC’s research pertaining to announcements of meetings and agenda priorities and implementation related other committee management activities, for Cooperative Agreements.’’ to intimate partner violence and sexual both CDC and ATSDR. Dated: October 28, 2004. assault. Matters to be Discussed: The SIPVSA will Dated: October 24, 2004. William P. Nichols, hold a conference call meeting to discuss and B. Kathy Skipper, Acting Director, Procurement and Grants review a draft white paper on intimate Office, Centers for Disease Control and partner and sexual violence prevention. Acting Director, Management Analysis and Prevention. Place: Hyatt Regency Atlanta, 265 Services Office, Centers for Disease Control [FR Doc. 04–24514 Filed 11–2–04; 8:45 am] Peachtree Street, Atlanta, Georgia 30303– and Prevention. 1294. [FR Doc. 04–24515 Filed 11–2–04; 8:45 am] BILLING CODE 4163–18–P Status: Open to the public, limited only by BILLING CODE 4163–18–P the space available. Name: Advisory Committee for Injury Prevention and Control.

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DEPARTMENT OF HEALTH AND DATES: Fax written comments on the State Allotment HUMAN SERVICES percentage collection of information by December 3, 2004. Maryland ...... 41.44 Administration for Children and ADDRESSES: OMB is still experiencing Families Massachusetts ...... 36.69 Michigan ...... 51.78 significant delays in the regular mail, including first class and express mail, Notice of Allotment Percentages to Minnesota ...... 46.01 and messenger deliveries are not being States for Child Welfare Services State Mississippi ...... 63.49 Missouri ...... 53.96 accepted. To ensure that comments on Grants Montana ...... 59.82 the information collection are received, AGENCY: Administration on Children, Nebraska ...... 52.37 OMB recommends that written Youth and Families, Administration for Nevada ...... 50.48 comments be faxed to the Office of New Hampshire ...... 44.95 Children and Families, Department of Information and Regulatory Affairs, New Jersey ...... 36.08 OMB, Attn: Fumie Yokota, Desk Officer Health and Human Services. New Mexico ...... 60.09 ACTION: Biennial publication of New York ...... 41.97 for FDA, FAX: 202–395–6974. allotment percentages for States under North Carolina ...... 55.13 FOR FURTHER INFORMATION CONTACT: the Title IV–B subpart 1, Child Welfare North Dakota ...... 56.01 Karen L. Nelson, Office of Management Services State Grants Program. Ohio ...... 52.85 Programs (HFA–250), Food and Drug Oklahoma ...... 58.07 Administration, 5600 Fishers Lane, SUMMARY: As required by section 421(c) Oregon ...... 53.45 Rockville, MD 20857, 301–827–1482. of the Social Security Act (42 U.S.C. Pennsylvania ...... 49.80 Rhode Island ...... 50.10 SUPPLEMENTARY INFORMATION: In 621(c)), the Department is publishing compliance with 44 U.S.C. 3507, FDA the allotment percentage for each State South Carolina ...... 58.79 South Dakota ...... 55.37 has submitted the following proposed under the Title IV–B subpart 1, Child Tennessee ...... 55.42 collection of information to OMB for Welfare Services State Grants Program. Texas ...... 53.07 review and clearance. Under section 421(a), the allotment Utah ...... 60.24 percentages are one of the factors used Vermont ...... 51.92 Radioactive Drug Research in the computation of the Federal grants Virginia ...... 46.92 Committees—(OMB Control Number awarded under the Program. Washington ...... 47.22 0910–0053) West Virginia ...... 61.73 EFFECTIVE DATE: The allotment Under sections 201, 505, and 701 of Wisconsin ...... 51.48 percentages shall be effective for Fiscal Wyoming ...... 49.48 the Federal Food, Drug, and Cosmetic Years 2006 and 2007. American Samoa ...... 70.00 Act (21 U.S.C. 321, 355, and 371), FDA FOR FURTHER INFORMATION CONTACT: Guam ...... 70.00 has the authority to issue regulations Doris Lee, Grants Fiscal Management N. Mariana Islands ...... 70.00 governing the use of radioactive drugs Specialist, Office of Grants Puerto Rico ...... 70.00 for basic informational research. Section Management, Office of Administration, Virgin Islands ...... 70.00 361.1 (21 CFR 361.1) sets forth specific Administration for Children and regulations regarding the establishment Families, telephone (202) 205–4626. Dated: October 20, 2004. and composition of Radioactive Drug SUPPLEMENTARY INFORMATION: The Joan E. Ohl, Research Committees and their role in allotment percentage for each State is Commissioner, Administration on Children, approving and monitoring basic determined on the basis of paragraphs Youth and Families. research studies utilizing (b) and (c) of section 421 of the Act. [FR Doc. 04–24350 Filed 11–2–04; 8:45 am] radiopharmaceuticals. No basic research study involving any administration of a These figures are available on the ACF BILLING CODE 4184–01–P home page on the Internet: http:// radioactive drug to research subjects is www.acf.dhhs.gov/programs/cb/. The permitted without the authorization of allotment percentage for each State is as DEPARTMENT OF HEALTH AND an FDA approved Radioactive Drug follows: HUMAN SERVICES Research Committee (§ 361.1(d)(7)). The type of research that may be undertaken Allotment Food and Drug Administration with a radiopharmaceutical drug must State percentage be intended to obtain basic information [Docket No. 2004N–0269] and not to carry out a clinical trial. The Alabama ...... 58.78 types of basic research permitted are Alaska ...... 47.24 Agency Information Collection specified in the regulation, and include Arizona ...... 57.42 studies of metabolism, human Arkansas ...... 61.90 Activities; Submission for Office of California ...... 46.47 Management and Budget Review; physiology, pathophysiology, or Colorado ...... 45.19 Comment Request; Radioactive Drug biochemistry. Connecticut ...... 31.13 Research Committees Section 361.1(c)(2) requires that each Delaware ...... 48.21 Radioactive Drug Research Committee District of Columbia ...... 30.00 AGENCY: Food and Drug Administration, shall select a chairman, who shall sign Florida ...... 51.94 HHS. all applications, minutes, and reports of Georgia ...... 53.36 ACTION: Notice. the committee. Each committee shall Hawaii ...... 51.93 meet at least once each quarter in which Idaho ...... 58.99 SUMMARY: The Food and Drug research activity has been authorized or Illinois ...... 46.53 Administration (FDA) is announcing Indiana ...... 54.64 conducted. Minutes shall be kept and Iowa ...... 54.61 that a proposed collection of shall include the numerical results of Kansas ...... 53.08 information has been submitted to the votes on protocols involving use in Kentucky ...... 58.79 Office of Management and Budget human subjects. Under § 361.1(c)(3), Louisiana ...... 59.22 (OMB) for review and clearance under each Radioactive Drug Research Maine ...... 54.86 the Paperwork Reduction Act of 1995. Committee shall submit an annual

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report to FDA. The annual report shall Section 361.1(f) sets forth labeling conducted in accordance with required include the names and qualifications of requirements for radioactive drugs. regulations. If these studies were not the members of, and of any consultants These requirements are not in the reviewed, human subjects could be used by, the Radioactive Drug Research reporting burden estimate because they subjected to inappropriate radiation Committee, using FDA Form 2914, and are information supplied by the Federal and/or safety risks. Respondents to this a summary of each study conducted Government to the recipient for the information collection are the during the proceeding year, using FDA purposes of disclosure to the public (5 chairperson(s) of each individual Form 2915. CFR 1320.3(c)(2)). Radioactive Drug Research Committee, Under § 361.1(d)(5), each investigator Types of research studies not investigators, and participants in the shall obtain the proper consent required permitted under this regulation are also studies. under the regulations. Each female specified, and include those intended research subject of childbearing for immediate therapeutic, diagnostic, The source of the burden estimates potential must state in writing that she or similar purposes or to determine the was a phone survey of three is not pregnant, or on the basis of a safety and effectiveness of the drug in chairpersons who were selected from pregnancy test be confirmed as not humans for such purposes (i.e., to carry Radioactive Drug Research Committees pregnant. out a clinical trial). These studies of different geographical areas and of Under § 361.1(d)(8), the investigator require filing of an investigational new varying levels of activity. These shall immediately report to the drug application (IND) under 21 CFR chairpersons were asked for their Radioactive Drug Research Committee 312.1, and the associated information assessment of time expended, cost, and all adverse effects associated with use of collections are covered in OMB views on completing the necessary the drug, and the committee shall then approval number 0910–0014. reporting forms. report to FDA all adverse reactions The primary purpose of this probably attributed to the use of the collection of information is to determine FDA estimates the burden of this radioactive drug. if the research studies are being collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual Fre- Total Annual Hours per 21 CFR Section Forms Respondents quency per Re- Responses Response Total Hours sponse

361.1(c)(3) FDA 2914 80 1 80 1 80

361.1(c)(3) FDA 2915 50 6.8 340 3.5 1,190

361.1(d)(8) 50 6.8 340 0.1 34

Total 1,304 1There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

No. of Record- Annual Frequency Hours per Record- 21 CFR Section Forms keepers per Recordkeeping keeper Total Hours

361.1(c)(2) 80 1 per qtr= 10 800 4 per yr

361.1(d)(5) 50 6.8 0.75 38

Total 838 1There are no capital costs or operating and maintenance costs associated with this collection of information

In the Federal Register of July 23, DEPARTMENT OF HEALTH AND SUMMARY: The Food and Drug 2004 (69 FR 44037), FDA published a HUMAN SERVICES Administration (FDA) is announcing an 60-day notice requesting public opportunity for public comment on the comment on the information collection Food and Drug Administration proposed collection of certain provisions. No comments were received. [Docket No. 2004N–0469] information by the agency. Under the Dated: October 27, 2004. Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to Jeffrey Shuren, Agency Information Collection Activities; Proposed Collection; publish notice in the Federal Register Assistant Commissioner for Policy. Comment Request; Adverse concerning each proposed collection of [FR Doc. 04–24444 Filed 11–2–04; 8:45 am] Experience Reporting for Licensed information including each proposed BILLING CODE 4160–01–S Biological Products; and General extension of an existing collection of Records information, and to allow 60 days for public comment in response to the AGENCY: Food and Drug Administration, notice. This notice solicits comments on HHS. the information collection requirements ACTION: Notice. relating to FDA’s adverse experience

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reporting (AER) for licensed biological when appropriate, and other forms of paragraph (c)(1)(i) at quarterly intervals, products, and general records associated information technology. for 3 years from the date of issuance of with the manufacture and distribution the biologics license, and then at annual Adverse Experience Reporting for of biological products. intervals. The majority of the periodic Licensed Biological Products; and reports will be submitted annually since DATES: Submit written or electronic General Records—21 CFR Part 600 a large percentage of the current comments on the collection of (OMB Control Number 0910–0308)— licensed biological products have been information by January 3, 2004. Extension licensed longer than 3 years. Section ADDRESSES: Submit electronic Under the Public Health Service Act 600.80(i) requires the licensed comments on the collection of (42 U.S.C. 262), FDA is required to manufacturer to maintain, for a period information to http://www.fda.gov/ ensure the marketing of only those of 10 years, records of all adverse dockets/ecomments. Submit written biological products which are safe and experiences known to the licensed comments on the collection of effective. FDA must, therefore, be manufacturer, including raw data and information to the Division of Dockets informed of all adverse experiences any correspondence relating to the Management (HFA–305), Food and Drug occasioned by the use of licensed adverse experiences. Section 600.81 Administration, 5630 Fishers Lane, rm. biological products. FDA issued the requires the licensed manufacturer to 1061, Rockville, MD 20852. All AER requirements in part 600 (21 CFR submit information about the quantity comments should be identified with the part 600) to enable FDA to take actions of the product distributed under the docket number found in brackets in the necessary for the protection of the biologics license, including the quantity heading of this document. public health in response to reports of distributed to distributors at an interval FOR FURTHER INFORMATION CONTACT: adverse experiences related to licensed of every 6 months. The semiannual Jonna Capezzuto, Office of Information biological products. The primary distribution report informs FDA of the Resources Management (HFA–250), purpose of FDA’s AER system is to flag quantity, certain lot numbers, labeled Food and Drug Administration, 5600 potentially serious safety problems with date of expiration, the number of doses, Fishers Lane, Rockville, MD 20857, licensed biological products, focusing and date of release. Under § 600.90, a 301–827–4659. especially on newly licensed products. licensed manufacturer may submit a Although premarket testing discloses a SUPPLEMENTARY INFORMATION: Under the waiver request that applies to the general safety profile of a biological licensed manufacturer under §§ 600.80 PRA (44 U.S.C. 3501–3520), Federal product’s comparatively common agencies must obtain approval from the and 600.81. A waiver request submitted adverse effects, the larger and more under § 600.90 must be submitted with Office of Management and Budget diverse patient populations exposed to (OMB) for each collection of supporting documentation. the licensed biological product provides Manufacturers of biological products information they conduct or sponsor. the opportunity to collect information for human use must keep records of ‘‘Collection of information’’ is defined on rare, latent, and long-term effects. each step in the manufacture and in 44 U.S.C. 3502(3) and 5 CFR Reports are obtained from a variety of distribution of products including the 1320.3(c) and includes agency request sources, including patients, physicians, recalls of the product. The or requirements that members of the foreign regulatory agencies, and clinical recordkeeping requirements serve public submit reports, keep records, or investigators. Information derived from preventative and remedial purposes. provide information to a third party. the adverse experience reporting system These requirements establish Section 3506(c)(2)(A) of the PRA (44 contributes directly to increased public accountability and traceability in the U.S.C. 3506(c)(2)(A)) requires Federal health protection because such manufacture and distribution of agencies to provide a 60–day notice in information enables FDA to recommend products, and enable FDA to perform the Federal Register concerning each important changes to the product’s meaningful inspections. proposed collection of information, labeling (such as adding a new Section 600.12 requires that all including each proposed extension of an warning), to initiate removal of a records of each step in the manufacture existing collection of information, biological product from the market and distribution of a product be made before submitting the collection to OMB when necessary, and to assure the and retained for no less than 5 years for approval. To comply with this manufacturer has taken adequate after the records of manufacture have requirement, FDA is publishing notice corrective action if necessary. been completed or 6 months after the of the proposed collection of The regulation in § 600.80(c)(1) latest expiration date for the individual information set forth in this document. requires the licensed manufacturer to product, whichever represents a later With respect to the following report each adverse experience that is date. In addition, records of sterilization collection of information, FDA invites both serious and unexpected, whether of equipment and supplies, animal comments on these topics: (1) Whether foreign or domestic, as soon as possible necropsy records, and records in cases the proposed collection of information but in no case later than 15 calendar of divided manufacturing of a product is necessary for the proper performance days of initial receipt of the information are required to be maintained. Section of FDA’s functions, including whether by the licensed manufacturer and to 600.12(b)(2) requires complete records the information will have practical submit any follow-up reports within 15 to be maintained pertaining to the recall utility; (2) the accuracy of FDA’s calendar days of receipt of new from distribution of any product. estimate of the burden of the proposed information or as requested by FDA. Respondents to this collection of collection of information, including the Section 600.80(e) requires licensed information are manufacturers of validity of the methodology and manufacturers to submit a 15-day alert biological products. In table 1 of this assumptions used; (3) ways to enhance report obtained from a postmarketing document, the number of respondents is the quality, utility, and clarity of the clinical study only if there is a based on the estimated number of information to be collected; and (4) reasonable possibility that the product manufacturers that submitted the ways to minimize the burden of the caused the adverse experience. Section required information to FDA in fiscal collection of information on 600.80(c)(2) requires the licensed year (FY) 2002 and 2003. Based on respondents, including through the use manufacturer to report each adverse information obtained from the Center of automated collection techniques experience not reported under for Biologics Evaluation and Research’s

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(CBER’s) database system, there were 90 for FY 2002 and 2003. However, not all average of 5 waiver requests for FY 2002 licensed biologics manufacturers. This manufacturers have submissions in a and 2003 under § 600.90, all of which number excludes those manufacturers given year and some may have multiple were approved for exemption of the who produce blood and blood submissions. There were an estimated AER requirements. The hours per components and in-vitro diagnostic 15,126 15-day alert reports, 6,550 response are based on FDA’s licensed products because these periodic reports, and 323 lot experience. The burden hours required products are specifically exempt from distribution reports submitted to FDA. to complete the MedWatch Form for the regulations under § 600.80(k). The The number of 15-day alert report for § 600.80(c)(1), (e), and (f) are reported total annual responses are based on the postmarketing studies under § 600.80(e) under OMB control number 0910–0291. average estimated number of is included in the total number of 15- FDA estimates the burden of this submissions received annually by FDA day alert reports. FDA received an collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

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

600.80(c)(1) and 600.80(e) 90 168.07 15,126 1 15,126

600.80(c)(2) 90 72.78 6,550 28 183,400

600.81 90 3.59 323 1 355

600.90 5 1 5 1 5

Total 198,886 1 There are no capitol costs or operating and maintenance costs associated with this collection of information.

In table 2 of this document, the through (e) excluding paragraph (b)(2) is of recalls made (1,958), and total number of respondents is based on the estimated to be 116. This number number of AER reports received number of manufacturers subject to excludes manufacturers of blood and (35,484) in FY 2002 and 2003. The those regulations. Based on information blood components because their burden hours per record are based on FDA’s obtained from CBER’s database system, hours for recordkeeping have been experience. there were 320 licensed manufacturers reported under § 606.160 in OMB FDA estimates the burden of this of biological products in FY 2002 and control number 0910–0116. The total recordkeeping as follows: 2003. However, the number of annual records is based on the annual recordkeepers listed for § 600.12(a) average of lots released (6,630), number

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

No. of Record- Annual Frequency Total Annual 21 CFR Section keepers per Recordkeeping Records Hours per Response Total Hours

600.12 116 57.16 6,630 32 212,160

600.12(b)(2) 320 6.12 1,958 24 46,992

600.80(i) 90 394.27 35,484 1 35,484

Total 294,636 1 There are no capitol costs or operating and maintenance costs associated with this collection of information.

Dated: October 27, 2004. DEPARTMENT OF HEALTH AND that a proposed collection of Jeffrey Shuren, HUMAN SERVICES information has been submitted to the Assistant Commissioner for Policy. Office of Management and Budget Food and Drug Administration [FR Doc. 04–24445 Filed 11–2–04; 8:45 am] (OMB) for review and clearance under the Paperwork Reduction Act of 1995 BILLING CODE 4160–01–S [Docket No. 2004N–0179] (the PRA). DATES: Fax written comments on the Agency Information Collection collection of information by December Activities; Submission for Office of 3, 2004. Management and Budget Review; ADDRESSES: Comment Request; New Animal Drug OMB is still experiencing Application, Form FDA 356 V significant delays in the regular mail, including first class and express mail, ACTION: Notice. and messenger deliveries are not being accepted. To ensure that comments on SUMMARY: The Food and Drug the information collection are received, Administration (FDA) is announcing OMB recommends that written

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comments be faxed to the Office of 512(b) of the act (21 U.S.C. 360b(b)) provided for in the NADA and other Information and Regulatory Affairs, requires that a sponsor submit and labeling changes. An amended OMB, Attn: Fumie Yokota, Desk Officer receive approval of a new animal drug application and a supplemental for FDA, FAX: 202–395–6974. application (NADA) before interstate application may omit statements marketing is allowed. The regulations FOR FURTHER INFORMATION CONTACT: concerning which no change is Denver Presley, Office of Management implementing statutory requirements for proposed. This information is reviewed Programs (HFA–250), Food and Drug NADA approval have been codified by FDA scientific personnel to ensure Administration, 5600 Fishers Lane, under 21 CFR part 514. NADA that the intended use of an animal drug, applicants generally use a single form, Rockville, MD 20857, 301–827–1472. whether as a pharmaceutical dosage FDA 356 V. The NADA must contain, form, in drinking water, or in medicated SUPPLEMENTARY INFORMATION: In among other things, safety and feed, is safe and effective. The compliance with 44 U.S.C. 3507, FDA effectiveness data for the drug, labeling, respondents are pharmaceutical firms has submitted the following proposed a list of components, manufacturing and that produce veterinary products and collection of information to OMB for controls information, and complete commercial feed mills. review and clearance. information on any methods used to In the Federal Register of May 19, New Animal Drug Application, Form determine residues of drug chemicals in edible tissues. While the NADA is 2004 (69 FR 28930), FDA published a 356 V—21 CFR Part 514 (OMB Control 60-day notice soliciting comments on Number 0910–0032)—Extension pending, an amended application may be submitted for proposed changes. the collection of information FDA has the responsibility under the After an NADA has been approved, a requirements. In response to that notice, Federal Food, Drug and Cosmetic Act supplemental application must be no comments were received. (the act), for the approval of new animal submitted for certain proposed changes, FDA estimates the burden of this drugs that are safe and effective. Section including changes beyond the variations collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

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

514.1 and 514.6 190 7.39 1,405 211.6 297,298

514.8 190 7.39 1,405 30 42,150

514.11 190 7.39 1,405 1 1,405

558.5(i) 1 1 1.0 5 5

Total 340,858 1 There are no capitol costs or operating and maintenance costs associated with this collection of information.

The estimate of the burden hours DEPARTMENT OF HEALTH AND (OMB) under the Paperwork Reduction required for reporting are based on FY HUMAN SERVICES Act of 1995. 2003 data. The burden estimate includes FOR FURTHER INFORMATION CONTACT: original NADAs, supplemental NADAs Food and Drug Administration Peggy Robbins, Office of Management and amendments to unapproved Programs (HFA–250), Food and Drug applications. [Docket No. 2003D–0383] Administration, 5600 Fishers Lane, The burden estimate for obtaining a Agency Information Collection Rockville, MD 20857, 301–827–1223. waiver (filing a petition) from labeling Activities; Announcement of Office of SUPPLEMENTARY INFORMATION: In the requirements for certain drugs intended Management and Budget Approval; for use in animal feed or drinking water Federal Register of August 5, 2004 (69 Recommended Glossary and FR 47448), the agency announced that was derived from data by FDA’s Educational Outreach to Support Use the proposed information collection had Division of Animal Feeds in the Center of Symbols on Labels and in Labeling been submitted to OMB for review and for Veterinary Medicine. of In Vitro Diagnostic Devices Intended clearance under 44 U.S.C. 3507. An for Professional Use Dated: October 27, 2004. agency may not conduct or sponsor, and Jeffrey Shuren, AGENCY: Food and Drug Administration, a person is not required to respond to, Assistant Commissioner for Policy. HHS. a collection of information unless it [FR Doc. 04–24446 Filed 11–2–04; 8:45 am] displays a currently valid OMB control ACTION: Notice. BILLING CODE 4160–01–S number. OMB has now approved the SUMMARY: The Food and Drug information collection and has assigned Administration (FDA) is announcing OMB control number 0910–0553. The that a collection of information entitled approval expires on October 31, 2007. A ‘‘Recommended Glossary and copy of the supporting statement for this Educational Outreach to Support Use of information collection is available on Symbols on Labels and in Labeling of In the Internet at http://www.fda.gov/ Vitro Diagnostic Devices Intended for ohrms/dockets. Professional Use’’ has been approved by the Office of Management and Budget

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Dated: October 27, 2004. FOR FURTHER INFORMATION CONTACT: batch production, laboratory assay Jeffrey Shuren, Denver Presley, Office of Management results (i.e. batch and stability testing), Assistant Commissioner for Policy. Programs (HFA–250), Food and Drug labels, and product distribution. [FR Doc. 04–24447 Filed 11–2–04; 8:45 am] Administration, 5600 Fishers Lane, This information is needed so FDA BILLING CODE 4160–01–S Rockville, MD 20857, 301–827–1472. can monitor drug usage and possible SUPPLEMENTARY INFORMATION: In misformulation of medicated feeds, to compliance with 44 U.S.C. 3507, FDA investigate violative drug residues in DEPARTMENT OF HEALTH AND has submitted the following proposed products from treated animals and HUMAN SERVICES collection of information to OMB for investigate product defects when a drug Food and Drug Administration review and clearance. is recalled. In addition, FDA will use the cGMP criteria in part 225 to [Docket No. 2004N–0245] Current Good Manufacturing Practice Regulations for Medicated Feeds—21 determine whether or not the systems CFR Part 225—(OMB Control Number and procedures used by manufacturers Agency Information Collection of medicated feeds are adequate to Activities; Submission for Office of 0910–0152)—Extension assure that their feeds meet the Management and Budget Review; Under section 501 of the Federal requirements of the act as to safety and Comment Request; Current Good Food, Drug, and Cosmetic Act (the act) also meet their claimed identity, Manufacturing Practice Regulations for (21 U.S.C. 351), FDA has the statutory strength, quality, and purity, as required Medicated Feeds authority to issue current good by section 501(a)(2)(B) of the act. ACTION: Notice. manufacturing practice (cGMP) A license is required when the regulations for drugs, including manufacturer of a medicated feed SUMMARY: The Food and Drug medicated feeds. Medicated feeds are involves the use of a drug or drugs Administration (FDA) is announcing administered to animals for the which FDA has determined requires that a proposed collection of prevention, cure, mitigation, or more control because of the need for a information has been submitted to the treatment of disease or growth withdrawal period before slaughter or Office of Management and Budget promotion and feed efficiency. Statutory carcinogenic concerns. Conversely, for (OMB) for review and clearance under requirements for cGMPs have been those medicated feeds for which FDA the Paperwork Reduction Act of 1995. codified under part 225 (21 CFR part has determined that the drugs used in DATES: Fax written comments on the 225). Medicated feeds that are not their manufacture need less control, a collection of information by December manufactured in accordance with these license is not required and the 2, 2004. regulations are considered adulterated recordkeeping requirements are less ADDRESSES: OMB is still experiencing under section 501(a)(2)(B) of the act. demanding. significant delays in the regular mail, Under part 225, a manufacturer is including first class and express mail, required to establish, maintain, and In the Federal Register of June 14, and messenger deliveries are not being retain records for a medicated feed, 2004 (69 FR 33040), FDA published a accepted. To ensure that comments on including records to document 60-day notice, soliciting comments on the information collection are received, procedures required during the the collection of information OMB recommends that written manufacturing process to assure that requirements for this clearance. In comments be faxed to the Office of proper quality control is maintained. response, no comments were received. Information and Regulatory Affairs, Such records would, for example, Respondents to this collection of OMB, Attn: Fumie Yokota, Desk Officer contain information concerning receipt information are commercial feed mills for FDA, FAX 202–395–6974. and inventory of drug components, and mixer-feeders.

TABLE 1.—ESTIMATED ANNUAL RECORDKEEPING BURDEN (REGISTERED LICENSED COMMERCIAL FEED MILLS)1

No. of Annual Frequency Total Annual Hours per 21 CFR Section Recordkeepers per Recordkeeper Records Recordkeeper Total Hours

225.42(b)(5) through (b)(8) 1,150 260 299,000 1 299,000

225.58(c) and (d) 1,150 45 51,750 .5 28,875

225.80(b)(2) 1,150 1,600 1,840,000 .12 220,800

225.102(b)(1) 1,150 7,800 8,970,000 .08 717,600

225.110(b)(1) and (b)(2) 1,150 7,800 8,970,000 .015 134,550

225.115(b)(1) and (b)(2) 1,150 5 5,750 .12 690

Total 1,397,825 1 There are no capital or operating and maintenance costs associated with this collection of information.

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TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN (REGISTERED LICENSED MIXER-FEEDERS)1

No. of Annual Frequency Total Annual Hours per 21 CFR Section Recordkeepers per Recordkeeping Records Recordkeeper Total Hours

225.42(b)(5) through (b)(8) 100 260 26,000 .15 3,900

225.58(c) and (d) 100 36 3,600 .5 1,800

225.80(b)(2) 100 48 4,800 .12 576

225.102(b)(1) through (b)(5) 100 260 26,000 .4 10,400

TOTAL 16,676 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 3.—ESTIMATED ANNUAL RECORDKEEPING BURDEN (NONREGISTERED UNLICENSED COMMERCIAL FEED MILLS)1

No. of Annual Frequency Total Annual Hours per 21 CFR Section Recordkeepers per Recordkeeping Records Recordkeeper Total Hours

225.142 8,000 4 32,000 1 32,000

225.158 8,000 1 8,000 4 32,000

225.180 8,000 96 768,000 .12 92,160

225.202 8,000 260 2,080,000 .65 1,352,000

TOTAL 1,508,160 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 4.—ESTIMATED ANNUAL RECORDKEEPING BURDEN (NONREGISTERED UNLICENSED MIXER-FEEDERS)1

No. of Annual Frequency Total Annual Hours per 21 CFR Section Recordkeepers per Recordkeeping Records Recordkeeper Total Hours

225.142 45,000 4 180,000 1 180,000

225.158 45,000 1 45,000 4 180,000

225.180 45,000 32 1,440,000 .12 172,000

225.202 45,000 260 11,700,000 .33 3,861,000

TOTAL 4,393,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The estimate of the times required for DEPARTMENT OF HEALTH AND Improvements in medical science and record preparation and maintenance is HUMAN SERVICES health care have gradually changed the based on agency communications with nature of dying. Death is no longer as industry. Other information needed to National Institutes of Health likely to be the sudden result of finally calculate the total burden hours infection or injury but is now more (i.e., number of recordkeepers, number State-of-the-Science Conference on likely to occur slowly, in old age, and of medicated feeds being manufactured, Improving End-of-Life Care at the end of a period of chronic illness. etc.) is derived from agency records and As a result, a demographic shift is experience. ACTION: Notice. beginning to occur that will include an increase in the number of seriously ill Dated: October 27, 2004. Notice is hereby given of the National and dying people at the same time that Jeffrey Shuren, Institutes of Health (NIH) ‘‘State-of-the- the number of caregivers decreases. To Assistant Commissioner for Policy. Science Conference on Improving End- meet this challenge, the best that [FR Doc. 04–24448 Filed 11–2–04; 8:45 am] of-Life Care’’ to be held December 6–8, science can offer must be applied to BILLING CODE 4160–01–S 2004, in the NIH Natcher Conference guarantee the quality of care provided to Center, 45 Center Drive, Bethesda, the dying. Maryland 20892. The conference will The 1997 publication of the Institute begin at 8:30 a.m. on December 6 and of Medicine report ‘‘Approaching Death: 7, and at 9 a.m. on December 8, and will Improving Care at the End of Life’’ be open to the public. triggered a series of activities to improve

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the quality of care and the quality of life information about the new security measures and Resources Research, National Institutes at the end of life. Topics of resulting at NIH, please visit the Web site at http:// of Health, HHS.) NIH initiatives have included the www.nih.gov/about/visitorssecurity.htm. Dated: October 27, 2004. clinical management of symptoms at the Dated: October 22, 2004. LaVerne Y. Stringfield, end of life; patterns of communication Raynard S. Kington, Director, Office of Federal Advisory among patients, families, and providers; Committee Policy. Deputy Director, National Institutes of Health. ethics and health care decision making; [FR Doc. 04–24485 Filed 11–2–04; 8:45 am] [FR Doc. 04–24479 Filed 11–2–04; 8:45 am] caregiver support; the context of care BILLING CODE 4140–01–M delivery; complementary and alternative BILLING CODE 4410–01–P medicine at the end of life; dying children and their families; and DEPARTMENT OF HEALTH AND informal care-giving. This conference DEPARTMENT OF HEALTH AND HUMAN SERVICES will examine the results of these many HUMAN SERVICES National Institutes of Health efforts and evaluate the current state of National Institutes of Health the science. During the first day-and-a-half of the National Institute of Diabetes and National Heart, Lung, and Blood Digestive and Kidney Diseases; Notice conference, experts will present the Institute; Notice of Meeting latest research findings on end-of-life of Closed Meetings care to an independent panel. After Pursuant to section 10(a) of the Pursuant to section 10(d) of the weighing all of the scientific evidence, Federal Advisory Committee Act, as Federal Advisory Committee Act, as the panel will draft a statement, amended (5 U.S.C. appendix 2), notice amended (5 U.S.C. Appendix 2), notice addressing the following key questions: is hereby given of a meeting of the Sleep is hereby given of the following • What defines the transition to end of Disorders Research Advisory Board. meetings. life? The meeting will be open to the The meetings will be closed to the • What outcome variables are important public, with attendance limited to space public in accordance with the indicators of the quality of the end of available. Individuals who plan to provisions set forth in sections life experience for the dying person attend and need special assistance, such 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and for the surviving loved ones? as sign language interpretation or other as amended. The grant applications and • What patient, family, and health care reasonable accommodations, should the discussions could disclose system factors are associated with notify the Contact Person listed below confidential trade secrets or commercial improved or worsened outcomes? in advance of the meeting. property such a patentable material, and • What processes and interventions are personal information concerning associated with improved or Name of Committee: Sleep Disorders individuals associated with the grant Research Advisory Board. worsened outcomes? applications, the disclosure of which • Date: December 7, 2004. What are future research directions Time: 8:30 a.m. to 5 p.m. would constitute a clearly unwarranted for improving end-of-life care? Agenda: To discus sleep research and invasion of personal privacy. On the final day of the conference, the education priorities and programs. Name of Committee: National Institute of panel chairperson will read the draft Place: National Institutes of Health, Diabetes and Digestive and Kidney Diseases statement to the conference audience Natcher Building, 45 Center Drive, Bethesda, Special Emphasis Panel, Fatty Acids and and invite comments and questions. A MD 20892. Food Intake Regulation. Contact Person: Carl E. Hunt, MD, Director, Date: November 30, 2004. press conference will follow to allow National Center of Sleep Disorders Research, the panel and chairperson to respond to Time: 5 p.m. to 6:30 p.m. National Heart, Lung, and Blood Institute, Agenda: To review and evaluate grant questions from the media. National Institutes of Health, 6701 Rockledge applications. The primary sponsors of this meeting Drive, Room 10138, Bethesda, MD 20892, Place: National Institutes of Health, Two are the National Institute of Nursing 301/435–0199. Democracy Plaza, 6707 Democracy Research and the NIH Office of Medical Any interested person may file written Boulevard, Bethesda, MD 20892, (Telephone Applications of Research. comments with the committee by forwarding Conference Call). Advance information about the the statement to the ‘‘Contact Person’’ listed Contact Person: Maria E. Davila-Bloom, conference and conference registration on this notice. The statement should include PhD, Scientific Review Administrator, the name, address, telephone number and Review Branch, DEA, NIDDK, National materials may be obtained from when applicable, the business or professional American Institutes for Research of Institutes of Health, Room 758, 6707 affiliation of the interested person. Democracy Boulevard, Bethesda, MD 20892– Silver Spring, Maryland, by calling 888– In the interest of security, NIH has 5452, (301) 594–7637, davila- 644–2667, or by sending e-mail to instituted stringent procedures for entrance [email protected]. [email protected]. American into the building by non-government Name of Committee: National Institute of Institutes for Research’s mailing address employees. Persons without a government Diabetes and Digestive and Kidney Diseases is 10720 Columbia Pike, Silver Spring, I.D. will need to show a photo I.D. and sign- Special Emphasis Panel, Sepsis and Renal MD, 20901. Registration information is in at the security desk upon entering the Failure. also available on the NIH Consensus building. Date: December 15, 2004. Information is also available on the Time: 9 a.m. to 2 p.m. Development Program Web site at http:/ Institute’s/Center’s Home page: http:// /consensus.nih.gov. Agenda: To review and evaluate grant www.nhlbi.nih.gov/meetings/index.htm, applications. Please Note: The NIH has recently where an agenda and any additional Place: Bethesda Marriott Suites, 6711 instituted new security measures to ensure information for the meeting will be posted Democracy Boulevard, Bethesda, MD 20817. the safety of NIH employees and property. when available. Contact Person: Michele L. Barnard, PhD, All visitors must be prepared to show a photo (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Review ID upon request. Visitors may be required to Program Nos. 93.233, National Center for Branch, DEA, NIDDK, National Institutes of pass through a metal detector and have bags, Sleep Disorders Research; 93.837, Heart and Health, Room 753, 6707 Democracy backpacks, or purses inspected or x-rayed as Vascular Diseases Research; 93.838, Lung Boulevard, Bethesda, MD 20892–5452, (301) they enter NIH buildings. For more Diseases Research; 93.839, Blood Diseases 594–8898, [email protected].

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(Catalogue of Federal Domestic Assistance Contact Person: Vinod Charles, PhD, Scientific Review, National Institutes of Program Nos. 93.847, Diabetes, Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 3162, Endocrinology and Metabolic Research; Scientific Review, National Institutes of MSC 7770, Bethesda, MD 20892, (301) 435– 93.848, Digestive Diseases and Nutrition Health, 6701 Rockledge Drive, Room 5196 1503, [email protected]. Research; 93.849, Kidney Diseases, Urology MSC 7846, Bethesda, MD 20892, (301) 435– Name of Committee: Center for Scientific and Hematology Research, National Institutes 0902, [email protected]. Review Special Emphasis Panel, ZRG1 IFCN of Health, HHS) This notice is being published less than 15 E (03) Sensory Integration. Dated: October 27, 2004. days prior to the meeting due to the timing Date: November 17, 2004. limitations imposed by the review and LaVerne Y. Stringfield, Time: 1 p.m. to 2:30 p.m. funding cycle. Agenda: To review and evaluate grant Director, Office of Federal Advisory Name of Committee: Center for Scientific Committee Policy. applications. Review Special Emphasis Panel, ZRG1 ONC Place: National Institutes of Health, 6701 [FR Doc. 04–24482 Filed 11–2–04; 8:45 am] J 04: Tumor Biology of Melanoma. Rockledge Drive, Bethesda, MD 20892, BILLING CODE 4140–01–M Date: November 15, 2004. (Telephone Conference Call). Time: 3 p.m. to 5 p.m. Contact Person: Bernard F. Driscoll, PhD, Agenda: To review and evaluate grant Scientific Review Administrator, Center for DEPARTMENT OF HEALTH AND applications. Scientific Review, National Institutes of HUMAN SERVICES Place: National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Room 5184, Rockledge Drive, Bethesda, MD 20892, MSC 7844, Bethesda, MD 20892, (301) 435– National Institutes of Health (Telephone Conference Call). 1242, [email protected]. Contact Person: Martin L. Padarathsingh, PhD, Scientific Review Administrator, Center Name of Committee: Center for Scientific Center for Scientific Review; Notice of Review Special Emphasis Panel, System Closed Meetings for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6212, Lupus Erythematosus (SLE). Date: November 17, 2004. Pursuant to section 10(d) of the MSC 7804, Bethesda, MD 20892, (301) 435– Time: 1 p.m. to 2 p.m. Federal Advisory Committee Act, as 1717, [email protected]. This notice is being published less than 15 Agenda: To review and evaluate grant amended (5 U.S.C. Appendix 2), notice applications. is hereby given of the following days prior to the meeting due to the timing limitations imposed by the review and Place: National Institutes of Health, 6701 meetings. funding cycle. Rockledge Drive, Bethesda, MD 20892, The meetings will be closed to the (Telephone Conference Call). Name of Committee: Center for Scientific Contact Person: Cathleen L. Cooper, PhD, public in accordance with the Review Special Emphasis Panel, Scientific Review Administrator, Center for provisions set forth in sections Cardiovascular Sciences Small Business Scientific Review, National Institutes of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Activities. Health, 6701 Rockledge Drive, Room 4208, as amended. The grant applications and Date: November 17–18, 2004. MSC 7812, Bethesda, MD 20892, (301) 435– the discussions could disclose Time: 8 a.m. to 5 p.m. 3566, [email protected]. confidential trade secrets or commercial Agenda: To review and evaluate grant property such as patentable material, applications. Name of Committee: Center for Scientific Place: Holiday Inn Select Bethesda, 8120 Review Special Emphasis Panel, Antibiotic and personal information concerning Resistance. individuals associated with the grant Wisconsin Ave, Bethesda, MD 20814. Contact Person: Lawrence E. Boerboom, Date: November 17, 2004. applications, the disclosure of which PhD, Scientific Review Administrator, Center Time: 3 p.m. to 4 p.m. would constitute a clearly unwarranted for Scientific Review, National Institutes of Agenda: To review and evaluate grant invasion of personal privacy. Health, 6701 Rockledge Drive, Room 5156, applications. Name of Committee: Center for Scientific MSC 7814, Bethesda, MD 20892, (301) 435– Place: National Institutes of Health, 6701 Review Special Emphasis Panel, 8367, [email protected]. Rockledge Drive, Bethesda, MD 20892, Neurovirology. Name of Committee: Center for Scientific (Telephone Conference Call). Date: November 11, 2004. Review Special Emphasis Panel, Mechanism Contact Person: Diane L. Stassi, PhD, Time: 4 p.m. to 5 p.m. of Tumorigenesis. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Date: November 17, 2004. Scientific Review, National Institutes of applications. Time: 1 p.m. to 3 p.m. Health, 6701 Rockledge Drive, Room 3202, Place: National Institutes of Health, 6701 Agenda: To review and evaluate grant MSC 7808, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, applications. 2514, [email protected]. (Telephone Conference Call). Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Contact Person: Robert Freund, PhD, Rockledge Drive, Bethesda, MD 20892, Review Special Emphasis Panel, Transplant Scientific Review Administrator, Center for (Telephone Conference Call). Immunology. Scientific Review, National Institutes of Contact Person: Zhiqiang Zou, MD, PhD, Date: November 17, 2004. Health, 6701 Rockledge Drive, Room 3200, Scientific Review Administrator, Center for Time: 3 p.m. to 4 p.m. MSC 7848, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Agenda: To review and evaluate grant 1050, [email protected]. Health, 6701 Rockledge Drive, Room 6190, applications. This notice is being published less than 15 MSC 7804, Bethesda, MD 20892, (301) 451– Place: National Institutes of Health, 6701 days prior to the meeting due to the timing 0132, [email protected]. Rockledge Drive, Bethesda, MD 20892, limitations imposed by the review and Name of Committee: Center for Scientific (Telephone Conference Call). funding cycle. Review Special Emphasis Panel, Member Contact Person: Calbert A. Laing, PhD, Name of Committee: Center for Scientific Conflict: Social Sciences and Population Scientific Review Administrator, Center for Review Special Emphasis Panel, Clinical Studies. Scientific Review, National Institutes of Neurophysiology, Devices and Date: November 17, 2004. Health, 6701 Rockledge Drive, Room 4210, Neuroprosthetics/Brain Disorders and Time: 1 p.m. to 5 p.m. MSC 7812, Bethesda, MD 20892, (301) 435– Clinical Neuroscience/SBIR. Agenda: To review and evaluate grant 1221, [email protected]. Date: November 15–16, 2004. applications. Name of Committee: Center for Scientific Time: 8:30 a.m. to 1 p.m. Place: National Institutes of Health, 6701 Review Special Emphasis Panel, Coxiella. Agenda: To review and evaluate grant Rockledge Drive, Bethesda, MD 20892, Date: November 17, 2004. applications. (Telephone Conference Call). Time: 3 p.m. to 4:30 p.m. Place: Holiday Inn Select Bethesda, 8120 Contact Person: William N. Elwood, PhD, Agenda: To review and evaluate grant Wisconsin Ave., Bethesda, MD 20814. Scientific Review Administrator, Center for applications.

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Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 3176 Rockledge Drive, Bethesda, MD 20892, Review Special Emphasis Panel, SBIR/STTR MCS 7848, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). Genes, Genomes and Genetics. 0676, [email protected]. Contact Person: Fouad A. El-Zaatari, PhD, Date: November 18–19, 2004. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Time: 8 a.m. to 5 p.m. Review Emphasis Panel, Brain Disorders and Scientific Review, National Institutes of Agenda: To review and evaluate grant Clinical Neuroscience/BDCN–E(02) Health, 6701 Rockledge Drive, Room 3206, applications. Members. MSC 7808, Bethesda, MD 20892, (301) 435– Place: One Washington Circle Hotel, One Date: November 18–19, 2004. 1149, [email protected]. Washington Circle, Washington, DC 20037. Time: 8:30 a.m. to 1 p.m. Name of Committee: Center for Scientific Contact Person: Michael A. Marino, PhD, Agenda: To review and evaluate grant Scientific Review Administrator, Center for Review Special Emphasis Panel, ZRG1 MOSS applications. Scientific Review, National Institutes of G 03M: Member Conflict: Musculoskeletal Place: Radisson Barcello, 2121 P Street, Health, 6701 Rockledge Drive, Room 2216, Tissue Engineering. NW., Washington, DC 20037. MSC 7890, Bethesda, MD 20892, (301) 435– Date: November 17, 2004. Contact Person: Rene Etcheberrigaray, MD, 0601, [email protected]. Time: 4 p.m. to 5 p.m. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Name of Committee: AIDS and Related Scientific Review, National Institutes of applications. Research Integrated Review Group, Health, 6701 Rockledge Drive, Room 5196 Place: Jurys Doyle Hotel, 1500 New NeuroAIDS and other End-Organ Diseases MCS 7846, Bethesda, MD 20892, (301) 435– Hampshire Avenue, NW., Washington, DC Study Section. 1246, [email protected]. 20036. Date: November 18–19, 2004. Name of Committee: Center for Scientific Contact Person: Jean D. Sipe, PhD, Time: 8 a.m. to 5 p.m. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Review Emphasis Panel, Tools for Scientific Review, National Institutes of applications. Collaborations Involve Data Sharing. Health, 6701 Rockledge Drive, Room 4106, Place: Hilton Hotel Embassy Row, 2015 Date: November 18–19, 2004. MSC 7814, Bethesda, MD 20892, (301) 435– Massachusetts Avenue, NW., Washington, Time: 8:30 a.m. to 3 p.m. 1743, [email protected]. DC 20036. Agenda: To review and evaluate grant applications. Name of Committee: Center for Scientific Contact Person: Abraham P. Bautista, MS, MSC, PhD, Scientific Review Administrator, Place: Hyatt Regency Bethesda, One Review Special Emphasis Panel, Molecular Bethesda Metro Center, 7400 Wisconsin Biology of Parasites. Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Avenue, Bethesda, MD 20814. Date: November 17, 2004. Contact Person: Malgorzata Klosek, PhD, Time: 4 p.m. to 5:30 p.m. Room 5102, MSC 7852, Bethesda, MD 20892, Scientific Review Administrator, Center for Agenda: To review and evaluate grant (301) 435–1506, [email protected]. Scientific Review, National Institutes of applications. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 4188 Place: National Institutes of Health, 6701 Review Special Emphasis Panel, Gene Drug MCS 7849, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, Delivery Systems. 2211, [email protected]. (Telephone Conference Call). Date: November 18–19, 2004. Contact Person: John C. Pugh, PhD, Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Agenda: To review and evaluate grant Review Emphasis Panel, Gene Therapy and Scientific Review, National Institutes of applications. Inborn Errors Study Section. Health, 6701 Rockledge Drive, Room 3114, Place: Four Points Sheraton, Bethesda, Date: November 18, 2004. MSC 7808, Bethesda, MD 20892, (301) 435– 8400 Wisconsin Avenue, Bethesda, MD Time: 11 a.m. to 12 p.m. 2398, [email protected]. 20814. Agenda: To review and evaluate grant Name of Committee: Center for Scientific Contact Person: Steven J. Zullo, PhD, applications. Review Special Emphasis Panel, Brain Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Aldosterone. Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Date: November 17, 2004. Health, 6701 Rockledge Drive, Room 4192 (Telephone Conference Call). Time: 5 p.m. to 6 p.m. MCS 7849, Bethesda, MD 20892, (301) 435– Contact Person: Barbara Whitmarsh, PhD, Agenda: To review and evaluate grant 2810, [email protected]. Scientific Review Administrator, Center for applications. Name of Committee: Center for Scientific Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Review Special Emphasis Panel, Viral and Health, 6701 Rockledge Drive, Room 2206, Rockledge Drive, Bethesda, MD 20892, Eukaryotic Pathogens. MSC 7890, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). Date: November 18–19, 2004. 4511, [email protected]. Contact Person: Joyce C. Gibson, DSC, Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Agenda: To review and evaluate grant Review Special Emphasis Panel, Chemical Scientific Review, National Institutes of applications. Senses. Health, 6701 Rockledge Drive, Room 4130, Place: The Rouge Hotel, 1315 16th Street, Date: November 18, 2004. MSC 7814, Bethesda, MD 20892, (301) 435– NW., Washington, DC 20036. Time: 11 a.m. to 12 p.m. 4522, [email protected]. Contact Person: Richard G. Kostriken, PhD, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review Administrator, Center for applications. Review Special Emphasis Panel, Physiology, Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Pharmacology and Molecular Structure. Health, 6701 Rockledge Drive, Room 3184 Rockledge Drive, Bethesda, MD 20892 Date: November 18, 2004. MCS 7808, Bethesda, MD 20892, (301) 402– (Telephone Conference Call). Time: 8 a.m. to 5 p.m. 4454, [email protected]. Contact Person: John Bishop, PhD, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review Administrator, Center for applications. Review Special Emphasis Panel, Children Scientific Review, National Institutes of Place: The Willard Intercontinental, 1401 Exposed to Violence. Health, 6701 Rockledge Drive, Room 5180, Pennsylvania Avenue, NW., Washington, DC Date: November 18–19, 2004. MSC 7844, Bethesda, MD 20892, (301) 435– 20004. Time: 8:30 a.m. to 5:30 p.m. 1250, [email protected]. Contact Person: Carole L. Jelsema, PhD, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review Administrator and Chief, applications. Review Special Emphasis Panel, HSOD MDCN Scientific Review Group, Center for Place: The Watergate, 2650 Virginia Members Special Emphasis Panel. Scientific Review, National Institutes of Avenue, NW., Washington, DC 20037. Date: November 18, 2004. Health, 6701 Rockledge Drive, Room 4146, Contact Person: Karen Sirocco, PhD, Time: 11 a.m. to 1 p.m. MSC 7850, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Agenda: To review and evaluate grant 1248, [email protected]. Scientific Review, National Institutes of applications.

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Place: National Institutes of Health, 6701 Date: November 18, 2004. DEPARTMENT OF HEALTH AND Rockledge Drive, Bethesda, MD 20892, Time: 2:30 p.m. to 3:30 p.m. HUMAN SERVICES (Telephone Conference Call). Agenda: To review and evaluate grant Contact Person: William N. Elwood, PhD, applications. National Institutes of Health Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Center for Scientific Review; Notice of Health, 6701 Rockledge Drive, Room 3162, (Telephone Conference Call). Closed Meetings MSC 7770, Bethesda, MD 20892, (301) 435– Contact Person: Russell T. Dowell, PhD, 1503, [email protected]. Scientific Administrator Center for Scientific Pursuant to section 10(d) of the Name of Committee: Center for Scientific Review, National Institutes of Health, 6701 Federal Advisory Committee Act, as Review Special Emphasis Panel, Brain Rockledge Drive, Room 4128, MSC 7814, amended (5 U.S.C. Appendix 2), notice Disorders and Clinical Neuroscience/BDCN– Bethesda, MD 20892, (301) 435–1850, is hereby given of the following F(03) Members. [email protected]. meetings. Date: November 18, 2004. Name of Committee: Center for Scientific Time: 1 p.m. to 3 p.m. The meetings will be closed to the Review Special Emphasis Panel, AARR–C 02 Agenda: To review and evaluate grant public in accordance with the Immunity and Pathogenesis in AIDS. applications. provisions set forth in sections Place: Radisson Barcello, 2121 P Street, Date: November 19, 2004. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 8:30 a.m. to 6 p.m. NW., Washington, DC 20037. as amended. The grant applications and Contact Person: Jerome R. Wujek, PhD, Agenda: To review and evaluate grant applications. the discussions could disclose Scientific Review Administrator, Center for confidential trade secrets or commercial Scientific Review, National Institutes of Place: Hyatt Regency Bethesda, One Health, 6701 Rockledge Drive, Room 5194, Bethesda Metro Center, 7400 Wisconsin property such as patentable material, MSC 7846, Bethesda, MD 20892, (301) 435– Avenue, Bethesda, MD 20814. and personal information concerning 2507, [email protected]. Contact Person: Mary Clare Walker, PhD, individuals associated with the grant Name of Committee: Center for Scientific Scientific Review Administrator, Center for applications, the disclosure of which Review Special Emphasis Panel, Ischemia Scientific Review, National Institutes of would constitute a clearly unwarranted Reperfusion Injury. Health, 6701 Rockledge Drive, Room 5208, invasion of personal privacy. Date: November 18, 2004. MSC 7852, Bethesda, MD 20892, (301) 435– Name of Committee: Center for Scientific Time: 1 p.m. to 2:30 p.m. 1165, [email protected]. Review Special Emphasis Panel, ZRG1 ONC– Agenda: To review and evaluate grant Name of Committee: Center for Scientific J(03): Genetic Regulation of Cancer. applications. Review Special Emphasis Panel, Genetic Date: November 3, 2004. Place: National Institutes of Health, 6701 Basis of Psychiatric Disorders. Time: 1 p.m. to 3 p.m. Rockledge Drive, Bethesda, MD 20892, Date: November 19, 2004. Agenda: To review and evaluate grant (Telephone Conference Call). Time: 2 p.m. to 4 p.m. applications. Contact Person: Rajiv Kumar, PhD, Agenda: To review and evaluate grant Place: National Institutes of Health, 6701 Scientific Review Administrator, Center for applications. Rockledge Drive, Bethesda, MD 20892, Scientific Review, National Institutes of Place: National Institutes of Health, 6701 (Telephone Conference Call). Health, 6701 Rockledge Drive, Room 4122, Rockledge Drive, Bethesda, MD 20892, Contact Person: Martin L. Padarathsingh, MSC 7802, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). PhD, Scientific Review Administrator, Center 1212, [email protected]. Contact Person: David J. Remondini, PhD, for Scientific Review, National Institutes of Name of Committee: Center for Scientific Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 6212, Review Special Emphasis Panel, Cardiac Scientific Review, National Institutes of MSC 7804, Bethesda, MD 20892, (301) 435– Support Devices. Health, 6701 Rockledge Drive, Room 2210, 1717, [email protected]. Date: November 18, 2004. MSC 7890, Bethesda, MD 20892, (301) 435– This notice is being published less than 15 Time: 1 p.m. to 2 p.m. 1038, [email protected]. days prior to the meeting due to the timing Agenda: To review and evaluate grant Name of Committee: Center for Scientific applications. limitations imposed by the review and Review Special Emphasis Panel, Genes and funding cycle. Place: National Institutes of Health, 6701 Heart Failure. Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892, Date: November 19, 2004. Review Special Emphasis Panel, ZRG1 ICP– (Telephone Conference Call). Time: 3 p.m. to 5 p.m. 3 90S: Health Consequences Among DWI Contact Person: Ai-Ping Zou, PhD, MD, Agenda: To review and evaluate grant Offenders in China. Scientific Review Administrator, Center for applications. Date: November 5, 2004. Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Time: 1 p.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 4118, Rockledge Drive, Bethesda, MD 20892, MSC 7814, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant (Telephone Conference Call). 1777, [email protected]. applications. Contact Person: Robert T. Su, PhD, Place: Georgetown Inn, 1310 Wisconsin Name of Committee: Center for Scientific Scientific Review Administrator, Center for Avenue, NW., Washington, DC 20007. Review Special Emphasis Panel, ZRG1 B (04) Scientific Review, National Institutes of Contact Person: Dan D. Gerendasy, PhD, Vision Sciences. Health, 6701 Rockledge Drive, Room 4134, Scientific Review Administrator, Center for Date: November 18, 2004. MSC 7802, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Time: 2 p.m. to 3 p.m. 1195, [email protected]. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5132, applications. (Catalogue of Federal Domestic Assistance MSC 7843, Bethesda, MD 20892, (301) 594– Place: National Institutes of Health, 6701 Program Nos. 93.306, Comparative Medicine; 6830, [email protected]. Rockledge Drive, Bethesda, MD 20892, 93.333, Clinical Research, 93.306, 93.333, This notice is being published less than 15 (Telephone Conference Call). 93.337, 93.396, 93.837–93.844, 93.846– days prior to the meeting due to the timing Contact Person: John Bishop, PhD, 93.878, 93.892, 93.893, National Institutes of limitations imposed by the review and Scientific Review Administrator, Center for Health, HHS) funding cycle. Scientific Review, National Institutes of Dated: October 27, 2004. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5180, LaVerne Y. Stringfield, Review Special Emphasis Panel, Signaling of MSC 7844, Bethesda, MD 20892, (301) 435– Bioactive Lipids. 1250, [email protected]. Director, Office of Federal Advisory Date: November 8, 2004. Committee Policy. Name of Committee: Center for Scientific Time: 1 p.m. to 2 p.m. Review Special Emphasis Panel, Optical [FR Doc. 04–24483 Filed 11–2–04; 8:45 am] Agenda: To review and evaluate grant Mapping. BILLING CODE 4140–01–M applications.

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Place: National Institutes of Health, 6701 Date: November 9, 2004. Contact Person: Hilary D. Sigmon, PhD, Rockledge Drive, Bethesda, MD 20892, Time: 1 p.m. to 3 p.m. Scientific Review Administrator, Center for (Telephone Conference Call). Agenda: To review and evaluate grant Scientific Review, National Institutes of Contact Person: Marcia Steinberg, PhD, applications. Health, 6701 Rockledge Drive, Room 5216, Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 MSC 7852, Bethesda, MD 20892. (301) 435– Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, 2211, [email protected]. Health, 6701 Rockledge Drive, Room 5130, (Telephone Conference Call). Name of Committee: Center for Scientific MSC 7840, Bethesda, MD 20892, (301) 435– Contact Person: Marcia Steinberg, PhD, Review Special Emphasis Panel, ZRG1 SBIB 1023, [email protected]. Scientific Review Administrator, Center for J 90S: Development of Methods for in vivo This notice is being published less than 15 Scientific Review, National Institutes of Imaging and Bioengineering Research. days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 5130, Date: November 15–16, 2004. limitations imposed by the review and MSC 7840, Bethesda, MD 20892, (310) 435– Time: 8 a.m. to 5 p.m. funding cycle. 1023, [email protected]. Agenda: To review and evaluate grant Name of Committee: Center for Scientific This notice is being published less than 15 applications. Review Special Emphasis Panel, F06 (20) L— days prior to the meeting due to the timing Place: Tysons Corner Marriott Hotel, 8028 Endocrinology, Reproductive Science, and limitations imposed by the review and Leesburg Pike, Vienna, VA 22182. Nutritional Metabolism. funding cycle. Contact Person: Behrouz Shabestari, PhD, Date: November 8–9, 2004. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Time: 7 p.m. to 5 p.m. Review Special Emphasis Panel, MDCN Scientific Review, National Institutes of Agenda: To review and evaluate grant Member Conflicts-Physiology. Health, 6701 Rockledge Drive, Room 5106, applications. Date: November 10, 2004. MSC 7854, Bethesda, MD 20892. (301) 435– Place: Holiday Inn Select Bethesda, 8120 Time: 10 a.m. to 4 p.m. 2409, [email protected]. Wisconsin Ave., Bethesda, MD 20814. Agenda: To review and evaluate grant Name of Committee: AIDS and Related Contact Person: Krish Kirshnan, PhD, applications. Research Integrated Review Group, AIDS- Scientific Review Administrator, Center for Place: Sofitel Lafayette Square Hotel, 806 associated Opportunistic Infections and Scientific Review, National Institutes of 15th Street, NW., Washington, DC 20005. Cancer Study Section. Health, 6701 Rockledge Drive, Room 6164, Contact Person: Carole L. Jelsema, PhD, Date: November 15–16, 2004. MSC 7892, Bethesda, MD 20892, (310) 435– Chief and Scientific Review Administrator, Time: 8 a.m. to 3:30 p.m. 1041, [email protected]. MDCN Scientific Review Group, Center for Agenda: To review and evaluate grant This notice is being published less than 15 Scientific Review, National Institutes of applications. days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 4146, Place: The Watergate, 2650 Virginia limitations imposed by the review and MSC 7850, Bethesda, MD 20892. (301) 435– Avenue, NW., Washington, DC 20037. funding cycle. 1248, [email protected]. Contact Person: Eduardo A. Montalvo, Name of Committee: Center for Scientific Name of Committee: Center for Scientific PhD, Scientific Review Administrator, Center Review Special Emphasis Panel, Enzyme Review Special Emphasis Panel for Scientific Review, National Institutes of Dynamics Program Project. Health, 6701 Rockledge Drive, Room 5108, Date: November 9, 2004. Musculoskeletal Rehabilitation Sciences Special Emphasis Panel. MSC 7852, Bethesda, MD 20892, (301) 435– Time: 8:30 a.m. to 5 p.m. 1168, [email protected]. Agenda: To review and evaluate grant Date: November 10–12, 2004. applications. Time: 8 p.m. to 5 p.m. Name of Committee: Center for Scientific Place: Churchill Hotel, 1914 Connecticut Agenda: To review and evaluate grant Review Special Emphasis Panel, Visuals Avenue, NW., Washington, DC 20009. applications. Systems SBIR. Contact Person: David R. Jollie, PhD, Place: Wyndham Washington, 1400 M Date: November 15–16, 2004. Scientific Review Administrator, Center for Street, NW., Washington, DC 20005. Time: 8 a.m. to 2 p.m. Scientific Review, National Institutes of Contact Person: Jo Pelham, BA, Scientific Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4156, Review Administrator, Center for Scientific applications. MSC 7806, Bethesda, MD 20892, (310) 435– Review, National Institutes of Health, 6701 Place: Holiday Inn Select Bethesda, 8120 1722, [email protected]. Rockledge Drive, Room 4102, MSC 7814, Wisconsin Ave., Bethesda, MD 20814. This notice is being published less than 15 Bethesda, MD 20892. (301) 435–1786, Contact Person: Jerome R. Wujek, PhD, days prior to the meeting due to the timing [email protected]. Scientific Review Administrator, Center for limitations imposed by the review and Name of Committee: Center for Scientific Scientific Review, National Institutes of funding cycle. Review Special Emphasis Panel, Clinical Health, 6701 Rockledge Drive, Room 5194, MSC 7846, Bethesda, MD 20892, (301) 435– Name of Committee: Center for Scientific Research and Field Studies. 2507, [email protected]. Review Special Emphasis Panel, Renal Date: November 12, 2004. Pathobiology of Kidney Disease. Time: 8:30 a.m. to 6 p.m. Name of Committee: Center for Scientific Date: November 9, 2004. Agenda: To review and evaluate grant Review Special Emphasis Panel, ZRG1 BPC– Time: 11 a.m. to 1 p.m. applications. R (50) Nanotechnology. Agenda: To review and evaluate grant Place: The Wyndham Miami Beach Resort, Date: November 15–16, 2004. applications and/or proposals. 4833 Collins Avenue, Miami Beach, FL Time: 8:30 a.m. to 6 p.m. Place: Hilton Washington Embassy Row, 33140. Agenda: To review and evaluate grant 2015 Massachusetts Ave., NW., Washington, Contact Person: Alexander D. Politis, PhD, applications. DC 20036. Scientific Review Administrator, Center for Place: The Watergate, 2650 Virginia Contact Person: Shirley Hilden, PhD, Scientific Review, National Institutes of Avenue, NW., Washington, DC 20037. Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 3210, Contact Person: John L. Bowers, PhD, Scientific Review, National Institutes of MSC 7808, Bethesda, MD 20892. (301) 435– Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 4218, 1150, [email protected]. Scientific Review, National Institutes of MSC 7814, Bethesda, MD 20892, (310) 435– Name of Committee: AIDS and Related Health, 6701 Rockledge Drive, Room 4178, 1198, [email protected]. Research Integrated Review Group, AIDS MSC 7806, Bethesda, MD 20892, (301) 435– This notice is being published less than 15 Clinical Studies and Epidemiology Study 1725, [email protected]. days prior to the meeting due to the timing Section. Name of Committee: Center for Scientific limitations imposed by the review and Date: November 15–16, 2004. Review Special Emphasis Panel, ZRG1 BPC– funding cycle. Time: 8 a.m. to 5 p.m. R (50) S Nanotechnology. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Date: November 15–16, 2004. Review Special Emphasis Panel, Cellular applications. Time: 8:30 a.m. to 6 p.m. Motility and Communication—Calcium Place: One Washington Circle Hotel, One Agenda: To review and evaluate grant Mobilization and Interaction with ECM. Washington Circle, Washington, DC 20037. applications.

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Place: The Watergate, 2650 Virginia Date: November 15, 2004. MSC 7850, Bethesda, MD 20892, (301) 435– Avenue, NW., Washington, DC 20037. Time: 1 p.m. to 2:30 p.m. 1164, [email protected]. Contact Person: Kathryn M. Koeller, PhD, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review Administrator, Center for applications. Review Special Emphasis Panel, BGES Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Members Special Emphasis Panel B. Health, 6701 Rockledge Drive, Room 4095D, Rockledge Drive, Bethesda, MD 20892, Date: November 16, 2004. MSC 7806, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). Time: 10 a.m. to 1 p.m. 2681, [email protected]. Contact Person: John Bishop, PhD, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review Administrator, Center for applications. Review Special Emphasis Panel, Small Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Business Grant Applications: Microbial Health, 6701 Rockledge Drive, Room 5180, Rockledge Drive, Bethesda MD 20892, Vaccine Development. MSC 7844, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). Date: November 15–16, 2004. 1250, [email protected]. Contact Person: William N. Elwood, PhD, Time: 8:30 a.m. to 12 p.m. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Agenda: To review and evaluate grant Review Special Emphasis Panel, Scientific Review, National Institutes of applications. Epidemiology Members Special Emphasis Health, 6701 Rockledge Drive, Room 3162, Place: One Washington Circle Hotel, One Panel. MSC 7770, Bethesda, MD 20892, (301) 435– Washington Circle, Washington, DC 20037. Date: November 15, 2004. 1503, [email protected]. Contact Person: Stephen M. Nigida, PhD, Time: 2:30 p.m. to 5:30 p.m. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Agenda: To review and evaluate grant Review Special Emphasis Panel, Emotion Scientific Review, National Institutes of applications. and Perception. Health, 6701 Rockledge Drive, Room 2412, Place: National Institutes of Health, 6701 Date: November 16, 2004. MSC 7812, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, Time: 1 p.m. to 2:30 p.m. 1222, [email protected]. (Telephone Conference Call). Agenda: To review and evaluate grant Name of Committee: Center for Scientific Contact Person: William N. Elwood, PhD, applications. Review Special Emphasis Panel, BGES Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Members Special Emphasis Panel A. Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Date: November 15, 2004. Health, 6701 Rockledge Drive, Room 3162, (Telephone Conference Call). Time: 10 a.m. to 12:30 p.m. MSC 7770, Bethesda, MD 20892, (301) 435– Contact Person: Bernard F. Driscoll, PhD, Agenda: To review and evaluate grant 1503, [email protected]. Scientific Review Administrator, Center for applications. Name of Committee: Center for Scientific Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Review Special Emphasis Panel, Gene Health, 6701 Rockledge Drive, Room 5184, Rockledge Drive, Bethesda, MD 20892, Regulation in Drosophila and Yeast. MSC 7844, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). Date: November 15, 2004. 1242, [email protected]. Contact Person: William N. Elwood, PhD, Time: 3 p.m. to 5:30 p.m. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Agenda: To review and evaluate grant Review Special Emphasis Panel, SBIR Scientific Review, National Institutes of applications. Medical Devices. Health, 6701 Rockledge Drive, Room 3162, Place: National Institutes of Health, 6701 Date: November 16, 2004. MSC 7770, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, Time: 1 p.m. to 5 p.m. 1503, [email protected]. (Telephone Conference Call). Agenda: To review and evaluate grant Name of Committee: Center for Scientific Contact Person: Lawrence Baizer, PhD, applications. Review Special Emphasis Panel, Member Scientific Review Administrator, Center for Place: Holiday Inn Select Bethesda, 8120 Conflict. Scientific Review, National Institutes of Wisconsin Ave., Bethesda, MD 20814. Date: November 15, 2004. Health, 6701 Rockledge Drive, Room 4152, Contact Person: Jerome R. Wujek, PhD, Time: 11 a.m. to 1 p.m. MSC 7850, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for 1257, [email protected]. Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. Name of Committee: Genes, Genomes, and Health, 6701 Rockledge Drive, Room 5194, Place: National Institutes of Health, 6701 Genetics Integrated Review Group, Ethical, MSC 7846, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, Legal, and Social Implications of Human 2507, [email protected]. Genetics–1. (Telephone Conference Call). Name of Committee: Center for Scientific Date: November 15–16, 2004. Contact Person: Marc Rigas, PhD, Scientific Review Special Emphasis Panel, Fungal Time: 7:30 p.m. to 6 p.m. Review Administrator, Center for Scientific Pathogenesis. Agenda: To review and evaluate grant Review, National Institutes of Health, 6701 Date: November 16, 2004. applications. Rockledge Drive, Room 4194, MSC 7826, Time: 1 p.m. to 2 p.m. Place: Holiday Inn Chevy Chase, 5520 Bethesda, MD 20892, (301) 402–1074, Agenda: To review and evaluate grant [email protected]. Wisconsin Avenue, Chevy Chase, MD 20815. Contact Person: Cheryl M. Corsaro, PhD, applications. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Review Special Emphasis Panel, Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, Somatosensory Pain Member Conflicts. Health, 6701 Rockledge Drive, Room 2204, (Telephone Conference Call). Date: November 15, 2004. MSC 7890, Bethesda, MD 20892, (301) 435– Contact Person: Timothy J. Henry, PhD, Time: 1 p.m. to 4 p.m. 1045, [email protected]. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review, National Institutes of applications. Review Special Emphasis Panel, MDCN Health, 6701 Rockledge Drive, Room 3212, Place: National Institutes of Health, 6701 Fellowship Review Meeting. MSC 7808, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, Date: November 16–17, 2004. 1147, [email protected]. (Telephone Conference Call). Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Contact Person: Joseph G. Rudolph, PhD, Agenda: To review and evaluate grant Review Special Emphasis Panel, ALPHA–1 Scientific Review Administrator, Center for applications. Adrenergic Receptors in Cardiomyopathy. Scientific Review, National Institutes of Place: Willard InterContinental Hotel, 1401 Date: November 16, 2004. Health, 6701 Rockledge Drive, Room 5186, Pennsylvania Avenue, NW., Washington, DC Time: 2 p.m. to 4 p.m. MSC 7844, Bethesda, MD 20892, (301) 435– 20004. Agenda: To review and evaluate grant 2212, [email protected]. Contact Person: Mary Custer, PhD, applications. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Review Special Emphasis Panel, ZRG1 IFCN Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892, B (03) Somatosensory and Pain Systems. Health, 6701 Rockledge Drive, Room 5102, (Telephone Conference Call).

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Contact Person: Chhanda L. Ganguly, PhD, 93.846–93.878, 93.892, 93.893, National DEPARTMENT OF HEALTH AND Scientific Review Administrator, Center for Institutes of Health, HHS) HUMAN SERVICES Scientific Review, National Institutes of Dated: October 27, 2004. Health, 6701 Rockledge Drive, Room 4120, Public Health Service MSC 7802, Bethesda, MD 20892, (301) 435– LaVerne Y. Stringfield, 1739, [email protected]. Director, Office of Federal Advisory National Toxicology Program; National Committee Policy. Name of Committee: Center for Scientific Institute of Environmental Health Review Special Emphasis Panel, [FR Doc. 04–24484 Filed 11–2–04; 8:45 am] Sciences (NIEHS); National Institutes Neurobiology of HPA Axis Hormones and BILLING CODE 4140–01–M of Health (NIH) Notice of an Expert Transmitters ZRG1 IFCN D (02). Panel Meeting To Assess the Current Date: November 16, 2004. Validation Status of In Vitro Testing Time: 2 p.m. to 4 p.m. DEPARTMENT OF HEALTH AND Methods for Identifying Potential Agenda: To review and evaluate grant HUMAN SERVICES applications. Ocular Irritants; Request for Place: National Institutes of Health, 6701 National Institutes of Health Comments Rockledge Drive, Bethesda, MD 20892, Summary (Telephone Conference Call). Statement of Organization, Functions, Contact Person: Gamil C Debbas, PhD, and Delegations of Authority Notice is hereby given of a meeting Scientific Review Administrator, Center for sponsored by the NIEHS and the Scientific Review, National Institutes of Part N, National Institutes of Health, National Toxicology Program (NTP), Health, 6701 Rockledge Drive, Room 5170, of the Statement of Organization, MSC 7844, Bethesda, MD 20892, (301) 435– and organized by the NTP Interagency Functions, and Delegations of Authority Center for the Evaluation of Alternative 1018, [email protected]. for the Department of Health and Name of Committee: Center for Scientific Toxicological Methods (NICEATM) in Human Services (40 FR 22859, May 27, collaboration with the Interagency Review Special Emphasis Panel, Platelet 1975, as amended most recently at 68 Microparticles in Hemostasis. Coordinating Committee on the Date: November 16, 2004. FR 10743, March 6, 2003, and Validation of Alternative Methods Time: 2 p.m. to 3 p.m. redesignated from Part HN as Part N at (ICCVAM). At this meeting, an expert Agenda: To review and evaluate grant 60 FR 56605, November 9, 1995), is panel (‘‘Panel’’) will assess the current applications. amended as set forth below to reflect the validation status and develop Place: National Institutes of Health, 6701 elevation of the NIH Ethics Office from recommendations for further validation Rockledge Drive, Bethesda, MD 20892, the Office of Management, Office of the (Telephone Conference Call). of in vitro test methods proposed for Director, NIH, to the Office of the identifying substances that may cause Contact Person: Delia Tang, MD, Scientific Director, NIH. Review Administrator, Center for Scientific serious eye damage. The meeting will Section N–B, Organization and take place on January 11–12, 2005, from Review, National Institutes of Health, 6701 Functions, under the heading Office of Rockledge Drive, Room 4126, MSC 7802, 8:30 a.m. to 5 p.m., at the National the Director (NA, formerly HNA) is Bethesda, MD 20892, (301) 435–2506, Institutes of Health (NIH), Natcher amended as follows: [email protected]. Center, Bethesda, MD. The meeting is Under the heading Office of the Name of Committee: Center for Scientific open to the public with attendance Director (NA, formerly HNA), insert the Review Special Emphasis Panel, ZRG1 limited only by the space available. MOSS–G 01S: Musculoskeletal Tissue following: Engineering. NIH Ethics Office (NAT, formerly Evaluation of In Vitro Ocular Test Date: November 16–17, 2004. HNAT). (1) Develops and administers Methods Background Time: 4 p.m. to 5 p.m. the NIH policies for implementing the In August 2003, the Scientific Agenda: To review and evaluate grant government-wide conflict of interest Advisory Committee on Alternative applications. statutes and regulations, the HHS Place: Jurys Doyle Hotel, 1500 New Toxicological Methods (SACATM) supplemental conflict of interest recommended that ICCVAM review the Hampshire Avenue, NW., Washington, DC regulations, and HHS and NIH policies; 20036. validation status of screening test (2) provides ethics policy guidance, Contact Person: Jean D. Sipe, PhD, methods that could be used to identify Scientific Review Administrator, Center for training, and advice to: (a) The ICs’ severe and irreversible ocular effects Scientific Review, National Institutes of ethics staffs, (b) Office of the Director, and carry out appropriate reviews of Health, 6701 Rockledge Drive, Room 4106, NIH, staff, and (c) employees whose these test methods. In October 2003, the MSC 7814, Bethesda, MD 20892, (301) 435– Deputy Ethics Counselor (DEC) is the U.S. Environmental Protection Agency 1743, [email protected]. NIH DEC; and (3) coordinates the NIH nominated several ocular-related Name of Committee: Center for Scientific response to requests from Congress, the activities to ICCVAM including Review Special Emphasis Panel, Microbial Inspector General, DHHS and/or the evaluation of the validation status of Vaccine Development. Office of Government Ethics. Date: November 16, 2004. four in vitro ocular toxicity test methods Time: 12 p.m. to 4 p.m. Delegations of Authority Statement for screening for severe/irreversible Agenda: To review and evaluate grant All delegations and redelegations of ocular effects: (1) The Bovine Corneal applications. authority to officers and employees of Opacity and Permeability (BCOP) test; Place: One Washington Circle Hotel, One NIH that were in effect immediately (2) the Hen’s Egg Test—Chorion Washington Circle, Washington, DC 20037. Allantoic Membrane (HET–CAM); (3) Contact Person: Stephen M. Nigida, PhD, prior to the effective date of this establishment and are consistent with the Isolated Rabbit Eye (IRE) test; and Scientific Review Administrator, Center for (4) the Isolated Chicken Eye (ICE) test. Scientific Review, National Institutes of this amendment shall continue in effect, Health, 6701 Rockledge Drive, Room 4212, pending further redelegation. ICCVAM endorsed the review of the methods as a high priority and MSC 7812, Bethesda, MD 20892, (301) 435– Dated: September 14, 2004. 1222, [email protected]. recommended that Background Review Elias A. Zerhouni, (Catalogue of Federal Domestic Assistance Documents be developed for each Program Nos. 93.306, Comparative Medicine; Director, National Institutes of Health. method by NICEATM in collaboration 93.333, Clinical Research, 93.306, 93.333, [FR Doc. 04–24480 Filed 11–2–04; 8:45 am] with the ICCVAM Ocular Toxicity 93.337, 93.393–93.396, 93.837–93.844, BILLING CODE 4140–01–P Working Group. ICCVAM also

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recommended that an expert panel be 8:30 a.m. each day and conclude at address above) no later than noon on convened to independently review the approximately 5 p.m. A preliminary January 5, 2005. Speakers will be validation status of these methods and agenda is given below. A detailed assigned on a consecutive basis and up the proposed, standardized, test method agenda and roster of the expert panel to seven minutes will be allotted per protocols. members will be available two weeks speaker. Persons registering to make A request for public comment on the prior to the meeting on the ICCVAM/ comments are asked to provide a written nomination of these and other ocular NICETATM Web site (http:// copy of their statement by January 5th, toxicity test methods and related iccvam.niehs.nih.gov) or by contacting so that copies can be distributed to the activities and a request for data on NICEATM (contact information below). Panel prior to the meeting or if this is chemicals evaluated by in vitro or in Persons needing special assistance, such not possible to bring 40 copies to the vivo ocular irritancy test methods was as sign language interpretation or other meeting. Written statements can previously published in the Federal special accommodations, should contact Register (Vol. 69, No. 57, pp. 13859– NICEATM at least seven business days supplement and expand the oral 13861, March 24, 2004, available at in advance of the meeting. presentation. Each speaker is asked to http://iccvam.niehs.nih.gov/). On the morning of January 11th, there provide contact information (name, Additionally, NICEATM solicited the will be a brief orientation on ICCVAM affiliation, mailing address, phone, fax, nomination of scientific experts for and the ICCVAM test method review email and sponsoring organization, if independent expert panel evaluations process, followed by the Panel’s applicable) when registering to make and/or reviews of in vitro testing evaluation of the BRDs for the ICE and oral comments. methods for identifying potential ocular BCOP assays. It is anticipated that Summary minutes and a final report irritants through the Federal Register review of the HET–CAM assay will of the Panel will be available following (Vol. 69, No. 77, pg. 21565, April 21, continue on the morning of January 12th the meeting at the ICCVAM/NICEATM 2004, available at http:// after which the review of the BRD for Web site (http://iccvam.niehs.nih.gov). iccvam.niehs.nih.gov/). This notice also the IRE assay will take place. The Panel announced that ICCVAM and NICEATM will evaluate the current status of each Background Information on ICCVAM would coordinate an expert panel of the four different types of in vitro and NICEATM meeting to evaluate in vitro ocular test assays and develop recommendations methods for their ability to detect severe regarding their future validation and ICCVAM is an interagency committee and irreversible ocular irritants. No use. charged with the technical review and additional methods for identifying evaluation of new, revised, and Availability of Background Review alternative test methods applicable for severe/irreversible ocular effects other Documents than the four named above were specific regulatory uses. The committee identified in response to the Federal NICEATM has prepared four BRDs, is composed of representatives from 15 Register notices. one for each of the assays being Federal regulatory and research agencies NICEATM has prepared Background evaluated. Copies of each BRD can be that use or generate toxicological Review Documents (BRDs) on the four obtained on the ICCVAM/NICEATM information. ICCVAM promotes the test methods nominated by the EPA Web site at http://iccvam.niehs.nih.gov, development, validation, regulatory (BCOP, HET-CAM, IRE and ICE). Each or by contacting NICEATM, NIEHS, PO acceptance, and national and of the BRDs contains comprehensive Box 12233, MD EC–17, Research international harmonization of Triangle Park, NC, 27709, (phone) 919– summaries of available data, analyses of toxicological test methods that more 541–3398, (fax) 919–541–0947, (email) the accuracy and reliability of the accurately assess the safety or hazards of [email protected]. available test method protocols, and chemicals and products and that refine, related information characterizing the Request for Comments reduce, or replace animal use. The current validation status of these assays. NICEATM invites the submission of ICCVAM Authorization Act of 2000 At this meeting, the Panel will review (Pub. L. 106–545, available at http:// each of the four BRDs and develop written comments on each of the BRDs. iccvam.niehs.nih.gov/about/ conclusions and recommendations on When submitting written comments PL106545.htm) established ICCVAM as the following: please include appropriate contact • The current usefulness and information (name, affiliation, mailing a permanent interagency committee of limitations of the test methods for address, phone, fax, email and the NIEHS under the NICEATM. identifying severe/irreversible ocular sponsoring organization, if applicable). NICEATM administers the ICCVAM and irritants and corrosives. Written comments and additional provides scientific support for ICCVAM • The adequacy of the specific information should be sent by mail, fax, and ICCVAM-related activities. protocols recommended for future or email to Dr. William Stokes, Director NICEATM and ICCVAM work validation and testing studies. of NICEATM, at the address listed above collaboratively to evaluate new and • The adequacy of recommended test not later than December 30, 2004. improved test methods applicable to the method validation studies. Written comments will be placed on the needs of Federal agencies. Additional • The adequacy and appropriateness ICCVAM/NICEATM website and made information about ICCVAM and of substances recommended for future available to the Panel, ICCVAM agency NICEATM can be found at the following validation studies. representatives and experts, and Web site: http://iccvam.niehs.nih.gov. attendees at the meeting. Agenda The meeting is open to the public and Dated: October 21, 2004. The public meeting will take place time will be provided for the Samuel Wilson, January 11–12, 2005, at the NIH presentation of public oral comments at Deputy Director, National Institute of Campus, Natcher Center, Bethesda, MD designated times during the peer Environmental Health Sciences. (a map of the NIH Campus and other review. Members of the public who [FR Doc. 04–24481 Filed 11–2–04; 8:45 am] visitor information are available at wish to present oral statements at the BILLING CODE 4140–01–P http://www.nih.gov/about/visitor/ meeting (one speaker per organization) index.htm). The meeting will begin at should contact NICEATM (at the

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DEPARTMENT OF HEALTH AND Proposed Project: Cross-Site Part 1 (personal background) and Part 2 HUMAN SERVICES Assessment of the Residential (infant and child background); (2) Child Treatment for Pregnant and Postpartum Well-Being Scale (brief observation of Substance Abuse and Mental Health Women (PPW) and Their Children mother/child interaction); (3) Quality of Services Administration Program—New Life survey; (4) BASIS 32 (behavioral health assessment); and (5) Allen’s Agency Information Collection The Substance Abuse and Mental Health Services Administration Barriers to Treatment. For children of all Activities: Proposed Collection; ages, program staff will collect Comment Request (SAMHSA), Center for Substance Abuse Treatment (CSAT), is funding the information from observation, interview, and records review. In compliance with Section Services Grant Program for Residential Children’s data collection tools include: 3506(c)(2)(A) of the Paperwork Treatment for Pregnant and Postpartum (1) Child Well-Being Scales (all Reduction Act of 1995 concerning Women (PPW). The purpose of the PPW children), (2) Denver Developmental opportunity for public comment on is to expand the availability of Screening Inventory II (ages 1m–6y), (3) proposed collections of information, the comprehensive, high quality residential Substance Abuse and Mental Health treatment services for pregnant and Middle Childhood Developmental Chart Services Administration will publish postpartum women who suffer from (ages 7 to 10), (4) Adolescent periodic summaries of proposed alcohol and other drug use problems, Development Chart (ages 11 to 17), and projects. To request more information and for their infants and children (5) the CRAFFT substance abuse on the proposed projects or to obtain a impacted by the perinatal and screening instrument (ages 11–17). copy of the information collection environmental effects of maternal Additional records review will be substance use and abuse. plans, call the SAMHSA Reports conducted by program staff on all Section 508 [290bb–1] (o) of the Clearance Officer on (240) 276–1243. program participants at discharge. Public Health Service Act mandates the All data will be collected using a Comments are invited on: (a) Whether evaluation and dissemination of combination of observation, records the proposed collections of information findings of residential treatment review, and computer-based personal are necessary for the proper programs for pregnant and postpartum interviews. CSAT will use this data for performance of the functions of the women. This cross-site accountability this evaluation to influence public agency, including whether the assessment will assess project activities information shall have practical utility; implemented for these services. policy, research, and programming as (b) the accuracy of the agency’s estimate With input from multiple experts in they relate to the provision of women’s of the burden of the proposed collection the field of women and children’s services. Data produced by this study of information; (c) ways to enhance the treatment programs, projects selected by will provide direction to the type of quality, utility, and clarity of the consensus a common core of data technical assistance that will be information to be collected; and (d) collection instruments that will be used required by service providers of ways to minimize the burden of the for program and treatment planning, women’s programming. In addition, the collection of information on local evaluations, and for this cross-site data will be used by individual grantees respondents, including through the use accountability evaluation. For mothers, to support progress report efforts. of automated collection techniques or five different interview instruments will The following is the estimated annual other forms of information technology. be used: (1) Child Data Collection Tool, response burden for this collection.

Estimated Number of Average Form name Respondent number of responses per Total hours per Total hour respondents respondent responses response burden

Women Interviews by Staff: Child Data Collection Mother ...... 414 3.23 1,337 .83 1,110 Tool. Child Well-Being Scale Mother ...... 414 4 1,656 .03 50 # 24. Allen’s Barriers to Mother ...... 414 3 1,242 .33 410 Treatment. Quality of Life ...... Mother ...... 414 3 1,242 .50 621 BASIS 32 ...... Mother ...... 414 3 1,242 .25 311

Total for Women: ...... 414 ...... 6,719 ...... 2,502 Child Interviews/Observa- tions by Staff: Child Well-Being Child observation and 924 4 3,696 .33 1,220 Scales (age 0–17). records. Denver Developmental Child interview and obser- 462 3 1,386 .33 457 Screening Inventory vation. II (ages 1m–6y). CRAFFT (ages 11–17) Child interview...... 294 3 882 .08 71 Middle Childhood De- Child interview ...... 168 3 504 .33 166 velopmental Chart (ages 7 to 10). Adolescent Develop- Child interview ...... 294 3 882 .33 291 ment Chart (ages 11 to 17).

Total for Children/ ...... 924 ...... 7,350 ...... 2,205 Staff:.

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Estimated Number of Average Form name Respondent number of responses per Total hours per Total hour respondents respondent responses response burden

Records Review by Staff: Women’s Discharge Records review ...... 414 1 414 .25 104 Tool. Children’s Discharge Records review ...... 924 1 924 .25 231 Tool.

Total for Staff: ...... 1,338 ...... 1,338 ...... 335

3-Year Total ...... 1,338 ...... 15,407 ...... 5,042

3 Year Average ...... 446 ...... 5,136 ...... 1,681 Annual.

Note: For mothers, administration of data Border Protection, is the appointing NW., Room 2.4–A, Washington, DC collection instruments will occur at: (1) authority. The Board will perform PRB 20229. Telephone (202) 344–1250. Admission to treatment, (2) 6 months post- functions for other U.S. Department of This notice does not meet the U.S. admission, and (3) 12 months post- Homeland Security SES positions if Customs and Border Protection criteria admission. For the Child Data Collection Tool, each mother will respond for herself requested. for significant regulations. and each of her estimated 2.23 children. For Composition of Departmental PRB Dated: October 29, 2004. infants and children, data collection will Robert C. Bonner, occur: (1) Within 30 days of birth or The Board shall consist of at least three members. In the case of an Commissioner, Bureau of Customs and Border admission, (2) at 3 months post-admission, Protection. and (3) at 6 months post-admission. The appraisal of a career appointee, more appropriate Child Well-Being Scales will be than half of the members shall consist [FR Doc. 04–24500 Filed 11–2–04; 8:45 am] administered four times over the course of of career appointees. The names and BILLING CODE 4820–02–P treatment: (1) Within 30 days of admission, titles of the PRB members are as follows: (2) 3 months post-admission, (3) 6 months Cresencio S. Arcos, Jr., Director, post-admission, and (4) 12 months post- Office of International Affairs, Office of DEPARTMENT OF HOMELAND admission. the Secretary, U.S. Department of SECURITY Send comments to Summer King, Homeland Security; Citizenship and Immigration Services SAMHSA Reports Clearance Officer, Marc S. Hollander, Deputy Director, Room 7–1045, 1 Choke Cherry Road, Laboratory Facilities and Management, [CIS No. 2331–04] Rockville, MD 20850. Written comments Office of Under Secretary for Science should be received by January 3, 2005. and Technology, U. S. Department of RIN 1615–ZA08 Dated: October 25, 2004. Homeland Security; Extension of the Designation of Gregory D. Rothwell, Chief Anna Marsh, Temporary Protected Status for Procurement Executive, Office of the Honduras; Automatic Extension of Executive Officer, SAMHSA. Under Secretary for Management, U.S. [FR Doc. 04–24516 Filed 11–2–04; 8:45 am] Employment Authorization Department of Homeland Security; Documentation for Honduras TPS BILLING CODE 4162–20–P James A. Williams, Director, US-VISIT Beneficiaries Program, Office of the Under Secretary for Border and Transportation, U.S. AGENCY: U.S. Citizenship and DEPARTMENT OF HOMELAND Department of Homeland Security; Immigration Services, DHS. SECURITY William R. Yates, Associate Director ACTION: Notice. of Operations, U.S. Citizenship and Bureau of Customs and Border Immigration Services; and the following SUMMARY: The Temporary Protected Protection Assistant Commissioners, U.S. Customs Status (TPS) designation for Honduras and Border Protection: will expire on January 5, 2005. This Senior Executive Service Performance David V. Aguilar, Border Patrol. Review Board notice extends the designation of TPS Jayson P. Ahern, Field Operations. for Honduras for 18 months, until July AGENCY: U.S. Department of Homeland Richard L. Balaban, Finance. 5, 2006, and sets forth procedures Security, U.S. Customs and Border William A. Keefer, Internal Affairs. necessary for nationals of Honduras (or Protection. Michael T. Schmitz, Regulations and aliens having no nationality who last SUMMARY: Pursuant to 5 U.S.C. Rulings. habitually resided in Honduras) with Robert M. Smith, Human Resources 4314(c)(4), this notice announces the TPS to re-register and to apply for an Management. appointment of the members of the U.S. extension of their employment E. Keith Thomson, International Customs and Border Protection authorization documents (EADs) for the Affairs. Performance Review Board (PRB). The additional 18-month period. Re- purpose of this PRB is to review and EFFECTIVE DATE: Membership is effective registration is limited to persons who make recommendations concerning on the date of this notice. registered under the initial designation proposed performance appraisals, FOR FURTHER INFORMATION CONTACT: Mr. (which was announced on January 5, ratings, bonuses, pay adjustments, and Robert M. Smith, Assistant 1999) and also timely re-registered other appropriate personnel actions for Commissioner, Human Resources under each subsequent extension of the incumbents of SES positions for which Management, U.S. Customs and Border designation. Eligible aliens must also the Commissioner, U.S. Customs and Protection, 1300 Pennsylvania Avenue, have maintained continuous physical

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presence in the United States since at least 60 days before the expiration of (FHIS) is building 36 complex urban January 5, 1999, and continuous the TPS designation or any extension water systems that will benefit more residence in the United States since thereof, the conditions in a foreign state than one million people in 35 December 30, 1998. Certain nationals of designated for TPS to determine municipalities. (RIC Report (August Honduras (or aliens having no whether the conditions for a TPS 2004)). The Honduran national water nationality who last habitually resided designation continue to be met and, if company is also rebuilding 33 urban in Honduras) who have not previously so, the length of an extension of the TPS water systems. Id. Reliable sources of applied for TPS may be eligible to apply designation. 8 U.S.C. 1254a(b)(3)(A). If electrical power remain a problem. For under the late initial registration the Secretary of DHS determines that example, the hydroelectric plant at El provisions. the foreign state no longer meets the Cajon is not functioning at prehurricane Given the large number of Hondurans conditions for TPS designation, he shall capacity, because water levels have affected by this notice, the Department terminate the designation, as provided never recovered. Id. of Homeland Security (DHS) recognizes in section 244(b)(3)(B) of the Act. 8 Based upon this review, the Secretary that many re-registrants may not receive U.S.C. 1254a(b)(3)(B). Finally, if the of DHS, after consultation with their new EADs until after their current Secretary of DHS does not determine appropriate Government agencies, finds EADs expire on January 5, 2005. that a foreign state (or part thereof) no that the conditions that prompted Accordingly, this notice automatically longer meets the conditions for designation of Honduras for TPS extends the validity of EADs issued designation at least 60 days before the continue to be met. 8 U.S.C. under Honduras TPS for six months designation is due to end, section 1254a(b)(3)(A). There continues to be a until July 5, 2005, and explains how 244(b)(3)(C) of the Act provides for an substantial, but temporary, disruption in TPS beneficiaries and their employers automatic extension of TPS for an living conditions in Honduras as the may determine which EADs are additional period of 6 months (or, in the result of an environmental disaster, and automatically extended. discretion of the Secretary of DHS, a Honduras continues to be unable, DATES: Effective Dates: The extension of period of 12 or 18 months). 8 U.S.C. temporarily to handle adequately the TPS for Honduras is effective January 5, 1254a(b)(3)(C). return of its nationals. 8 U.S.C. 1254a(b)(1)(B). On the basis of these 2005, and will remain in effect until Why Did the Secretary of DHS Decide July 5, 2006. The 60-day re-registration findings, the Secretary of DHS To Extend the TPS Designation for concludes that the TPS designation for period begins November 3, 2004 and Honduras? will remain in effect until January 3, Honduras should be extended for an On January 5, 1999, a notice was 2005. additional 18-month period. 8 U.S.C. published in the Federal Register at 64 1254a(b)(3)(C). FOR FURTHER INFORMATION CONTACT: FR 524, designating Honduras for TPS Colleen Cook, Residence and Status due to the devastation resulting from If I Currently Have TPS Through the Services, Office of Programs and Hurricane Mitch. The designation of Designation of Honduras for TPS, Do I Regulations Development, U.S. Honduras for TPS subsequently has Still Re-register for TPS? Citizenship and Immigration Services, been extended four times, with notice of Yes. If you already have received TPS Department of Homeland Security, 425 such determinations published in the benefits through the designation of I street, NW., ULLICO Building, 3rd Federal Register (65 FR 30438; 66 FR Honduras for TPS, your benefits will Floor, Washington, DC 20529, telephone 23269; 67 FR 22451; 68 FR 23744). The expire on January 5, 2005. Accordingly, (202) 514–4754. most recent notice was published in the individual TPS beneficiaries must SUPPLEMENTARY INFORMATION: Federal Register on May 5, 2003, and it comply with the re-registration is due to end on January 5, 2005. requirements described below in order What Authority Does the Secretary of Since the date of the most recent to maintain TPS benefits through July 5, the DHS Have To Extend the extension, DHS and the Department of 2006. TPS benefits include temporary Designation of TPS for Honduras? State (DOS) have continued to review protection against removal from the On March 1, 2003, the functions of conditions in Honduras. Due to United States, as well as employment the Immigration and Naturalization continued reconstruction of authorization, during the TPS Service (INS) transferred from the infrastructure damaged by Hurricane designation period. 8 U.S.C. 1254a(a)(1). Department of Justice (DOJ) to DHS Mitch, the Secretary of DHS has If I Am Currently Registered for TPS, pursuant to the Homeland Security Act determined that an 18-month extension How Do I Re-register for an Extension? of 2002, Public Law 107–296. The of the TPS designation is warranted responsibilities for administering TPS because Honduras remains unable, All persons previously granted TPS held by INS were transferred to U.S. temporarily, to adequately handle the under the designation of Honduras who Citizenship and Immigration Services return of its nationals. 8 U.S.C. wish to maintain such status must apply (USCIS). 1254a(b)(1)(B). for an extension by filing the following: Under section 244 of the Immigration DOS notes that the 82,828 houses (1) Form I-821, Application for and Nationality Act (Act), 8 U.S.C. destroyed or damaged by Hurricane Temporary Protected Status; (2) Form I- 1254a, the Secretary of DHS, after Mitch, only 42,768 have been rebuilt. 765, Application for Employment consultation with appropriate agencies (DOS Recommendation (August 31, Authorization (see the chart below to of the Government, is authorized to 2004)). The USCIS Resource Information determine whether you must submit the designate a foreign state (or part thereof) Center (RIC) also reports that housing one hundred and seventy-five dollar for TPS. 8 U.S.C. 1254a(b)(1). The reconstruction projects are ongoing (RIC ($175) filing fee with Form I-765); and Secretary of DHS may then grant TPS to Report (August 2004)). (3) a biometric services fee of seventy eligible nationals of that foreign state (or Reconstruction efforts will continue dollars ($70) if you are 14 or older, or aliens having no nationality who last through at least 2005. (DOS if you are under 14 and requesting an habitually resided in that state). 8 U.S.C. Recommendation (August 31, 2004)). EAD. The biometric services fee cannot 1254a(a)(1). Honduras is still recovering from be waived. 8 CFR. 103.2(e)(4)(i), (iii). Section 244(b)(3)(A) of the Act damage to its water and power supplies. Unlike previous registration periods, requires the Secretary of DHS to review, The Honduran Social Investment Fund TPS applicants need not submit

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photographs with the TPS application with Revision Date 7/30/04 will be not be issued unless the Form I-765, as because a photograph will be taken accepted. Submissions of older versions part of the TPS registration package, has when the alien appears at an of Form I-821 will be rejected. Submit been pending with USCIS more than 90 Application Support Center (ASC) for the completed forms and applicable fee, days after all requested initial evidence collection of biometrics. if any, to the USCIS Chicago, IL Lockbox has been received, including collection An application submitted without the during the 60-day re-registration period of the applicant’s fingerprints at an required fees will be returned to the that begins November 3, 2004 and ends ASC. See 8 CFR 103.2(b)(10)(ii) and 8 applicant. Please note that Form I-821 January 3, 2005. An interim EAD will CFR 274a.13(d). has been revised and only the new form

If . . . Then . . .

You are applying for an EAD valid until July 5, 2006, regardless of your You must complete and file the Form I–765, Application for Employ- age. ment Authorization, with the $175 fee. You are not requesting an EAD, or are applying under late initial reg- You must complete and file Form I–765 (for data-gathering purposes istration provisions and are under age 14 or over age 65. only) with no fee.1 You are applying for an EAD and are requesting a fee waiver ...... You must complete and file: (1) Form I–765 and (2) a fee waiver re- quest and affidavit (and any other supporting information) in accord- ance with 8 CFR 244.20. 1 An applicant who does not want an employment authorization document does not need to submit the $175 fee, but must still complete and submit Form I–755 for data gathering purposes.

Where Should an Applicant Submit His nor are they required to submit a fee What Documents May a Qualified or Her Application To Re-register or waiver request. Individual Show to His or Her Late Initial Register for TPS? Employer as Proof of Employment Who Must Submit the $70 Biometric Authorization and Identity When The Form I–821, Form I–765, fees, Service Fee? and all supporting documentation Completing Form I–9, Employment should be filed at the USCIS Chicago All re-registrants and late initial Eligibility Verification? Lockbox at: U.S. Citizenship and registrants 14 years of age and older For completion of the Form I–9 at the Immigration Services, P.O. Box 87583, must submit the $70 biometric services time of hire or re-verification, qualified Chicago, IL 60680–0583; or for non- fee. In addition, any applicant under the individuals who have received a six- United States Postal Service (USPS) age of 14 choosing to apply for an EAD month extension of their EADs by virtue deliveries: U.S. Citizenship and must submit the $70 biometric services of this Federal Register notice may Immigration Services, 427 S. LaSalle– fee, as a photograph, signature, and present to their employer a TPS-based 3rd floor, Chicago, IL 60605. fingerprint are required to produce the EAD as proof of identity and Please note that this address is not the card. This fee will not be waived. 8 CFR employment authorization until July 5, location where you have submitted your 103.2(e)(4)(i), (iii). 2005. To minimize confusion over this forms during previous re-registration extension at the time of hire or re- periods. Aliens re-registering or late Who Is Eligible To Receive an verification, qualified individuals may initial registering for TPS under the Automatic Extension of His or Her also present to their employer a copy of designation of Honduras should not EAD? this Federal Register notice regarding send their TPS forms and fees directly the automatic extension of employment to a USCIS Service Center or district To receive an automatic extension of authorization documentation to July 5, office. Failure to follow these his or her EAD, an individual must be 2005. In the alternative, any legally instructions may delay processing of a national of Honduras (or an alien acceptable document or combination of your TPS re-registration application. having no nationality who last documents listed in List A, List B, or habitually resided in Honduras) who List C of the Form I–9 may be presented Who Must Submit the $175 Filing Fee has applied for and received an EAD as proof of identity and employment for the Form I–765? under the TPS designation of Honduras. eligibility; it is the choice of the Although all re-registrants must This automatic extension is limited to employee. submit the Form I–765, only those EADs bearing an expiration date of How May Employers Determine applicants who are requesting an EAD, January 5, 2005, that were issued on regardless of age, must submit the $175 Whether an EAD Has Been either Form I–766, Employment Automatically Extended through July 5, filing fee or a fee waiver request Authorization Document, or Form I– pursuant to 8 CFR 244.20. Late initial 2005 and Is Therefore Acceptable for 688B, Employment Authorization Card. Completion of the Form I–9? registrants between the ages of 14 and The EAD must also be either (1) a Form 65, inclusive, who are requesting an I–766 bearing the notation ‘‘A–12’’ or For purposes of verifying identity and EAD, must submit the $175 fee or a fee employment eligibility or re-verifying ‘‘C–19’’ on the face of the card under waiver request pursuant to 8 CFR employment eligibility on the Form I–9 ‘‘Category,’’ or (2) a Form I–688B 244.20. This requirement includes any until July 5, 2005, employers of bearing the notation ‘‘274a.12(a)(12)’’ or individuals who do not need an EAD for Honduran TPS beneficiaries whose employment or alien registration ‘‘274a.12(c)(19)’’ on the face of the card EADs have been automatically extended document purposes, but nevertheless under ‘‘Provision of Law.’’ by this notice must accept such EAD if choose to apply for an EAD for use presented. An EAD that has been solely as an identity document. automatically extended by this notice to Applicants who are submitting Form I– July 5, 2005 will actually contain an 765 only for data-gathering purposes are expiration date of January 5, 2005, and not required to submit a $175 filing fee, must be either (1) a Form I–766 bearing

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the notation ‘‘A–12’’ or ‘‘C–19’’ on the application for asylum or any other (4) Be both admissible as an face of the card under ‘‘Category,’’ or (2) immigration benefit does not affect an immigrant, except as provided under a Form I–688B bearing the notation applicant’s TPS eligibility, although the section 244(c)(2)(A) of the Act, and not ‘‘274a.12(a)(12)’’ or ‘‘274a.12(c)(19)’’ on grounds for denying one form of relief ineligible under section 244(c)(2)(B) of the face of the card under ‘‘Provision of may also be grounds for denying TPS. the Act. Law.’’ New EADs or extension stickers For example, a person who has been Additionally, the applicant must be showing the July 5, 2005 expiration date convicted of a particularly serious crime able to demonstrate that during the will not be issued. is not eligible for asylum or TPS. 8 initial registration period (from January Employers should not request proof of U.S.C. 1158(b)(2)(A)(ii); 8 U.S.C. 5, 1999 to August 20, 1999), he or she: Honduran citizenship. Employers 1254a(c)(2)(B)(ii). (1) Was a nonimmigrant or had been presented with an EAD that has been granted voluntary departure status or extended pursuant to this Federal Does This Extension Allow Nationals of any relief from removal; Register notice, if the EAD appears to be Honduras (or Aliens Having No (2) Had an application for change of genuine and appears to relate to the Nationality Who Last Habitually status, adjustment of status, asylum, employee, should accept the EAD as a Resided in Honduras) Who Entered the voluntary departure, or any relief from valid ‘‘List A’’ document and should not United States After December 30, 1998, removal or change of status pending or ask for additional Form I–9 To File for TPS? subject to further review or appeal; documentation. This action by the No. This is a notice of an extension of (3) Was a parolee or had a pending Secretary of DHS through this Federal the TPS designation of Honduras, not a request for reparole; or Register notice does not affect the right noice re-designating Honduras for TPS. (4) Is the spouse or child of an alien of an employee to present any legally An extension of a TPS designation does currently eligible to be a TPS registrant. acceptable document as proof of not change the required dates of An applicant for late initial identity and eligibility for employment. continuous residence and continuous registration must file an application for Employers are reminded that the law physical presence in the United States. late registration no later than 60 days prohibiting unfair immigration-related This extension does not expand TPS after the expiration or termination of the employment practices remain in full availability to those beyond the current conditions described above. 8 CFR force. For questions, employers may call TPS eligibility requirements for 244.2(g). All late initial registration the USCIS Office of Business Liaison Honduras. To be eligible for benefits applications for TPS pursuant to the Employer Hotline at 1–800–357–2099 to under this extension, nationals of TPS designation of Honduras should be speak to a USCIS representative. Also, Honduras (or aliens having no submitted to the Lockbox address in employers may call the U.S. Department nationality who last habitually resided Chicago, Illinois. of Justice Office of Special Counsel for in Honduras) must have continuously What Happens When This Extension of Immigration Related Unfair resided in the United States since TPS Expires on July 5, 2006? Employment Practices (OSC) Employer December 30, 1998 and been At least 60 days before this extension Hotline at 1–800–255–8155 or 1–800– continuously physically present in the of TPS designation of Honduras expires 362–2735 (TDD). Employees or United States since January 5, 1999, the on July 5, 2006, the Secretary of DSH, applicant may call the OSC Employee date of the initial designation of TPS for after consultation with appropriate Hotline at 1–800–255–7688 or 1–800– Honduras. 237–2515 (TDD) for information agencies of the Government, will review regarding the automatic extension. Are Certain Aliens Ineligible for TPS? conditions in Honduras and determine whether the conditions for TPS Additional information is available on Yes. There are certain criminal and designation continue to be met at that the OSC Web site at http:&fnl;// terrorism-related inadmissibility time, or whether the TPS designation www.usdoj.gov/crt/osc/index. html. grounds that render an alien ineligible should be terminated. 8 U.S.C. for TPS. 8 U.S.C. 1254a (c)(2)(A)(iii). May I Apply for Another Immigration 1254a(b)(3). Notice of that Further, aliens who have been convicted Benefit While Registered for TPS? determination, including the basis for of any felony or two or more Yes. Registration for TPS does not the determination, will be published in misdemeanors committed in the United prevent you from applying for another the Federal Register. non-immigrant status, from filing for States are ineligible for TPS under adjustment of status based on an section 244(c)(2)(B) of the Act, 8 U.S.C. Notice of Extension of Designation of immigrant petition, or from applying for 1254a(c)(2)(B), as are aliens described in TPS for Honduras any other immigration benefit or the bars to asylum in section By the authority vested in DHS under protection. 8 U.S.C. 1254a(a)(5). TPS 208(b)(2)(A) of the Act, 8 U.S.C. sections 244(b)(1)(B), (b)(3)(A), and alone, however, does not lead to lawful 1158(b)(2)(A). (b)(3)(C) of the Act, DHS has permanent residence. 8 U.S.C. 1254a(e), What Is Late Initial Registration? determined, after consultation with the (f)(1), (h). For the purposes of change of appropriate Government agencies, that nonimmigrant status and adjustment of Some persons may be eligible for late the conditions that prompted status, an alien is considered as being initial registration under 8 U.S.C. designation of Honduras for TPS in, and maintaining, lawful status as a 1254a(c)(1)(A)(iv) and 8 CFR 244.2(f)(2) continue to be met. Accordingly, DHS nonimmigrant during the period in and (g). To apply for late initial orders as follows: which the alien is granted TPS. 8 U.S.C. registration an applicant must: (1) The designation of Honduras 1254a(f)(4). (1) Be a national of Honduras (or alien under section 244(b)(1)(B) of the Act is who has no nationality and who last extended for an additional 18-month How Does an Application for TPS habitually resided in Honduras); period from January 5, 2005, to July 5, Affect My Application for Asylum or (2) Have continuously resided in the 2006. 8 U.S.C. 1254a(b)(3)(C). Other Immigration Benefits? United States since December 30, 1998; (2) There are approximately 81,875 An application for TPS does not affect (3) Have been continuously physically nationals of Honduras (or aliens having an application for asylum or any other present in the United States since no nationality who last habitually immigration benefit. Denial of an January 5, 1999; and resided in Honduras) who have been

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granted TPS and who are eligible for re- DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: registration. SECURITY Colleen Cook, Residence and Status (3) To maintain TPS, a national of Services, Office of Programs and Citizenship and Immigration Services Honduras (or an alien having no Regulations Development, U.S. nationality who last habitually resided [CIS No. 2332–04] Citizenship and Immigration Services, in Honduras) who was granted TPS Department of Homeland Security, 425 RIN 1615–ZA09 I Street, NW., ULLICO Building, 3rd during the initial designation period Floor, Washington, DC 20529, telephone and the subsequent extensions of this Extension of the Designation of (202) 514–4754. designation, or who was granted TPS Temporary Protected Status for SUPPLEMENTARY INFORMATION: during late initial registration, must re- Nicaragua; Automatic Extension of register for TPS during the 60-day re- Employment Authorization What Authority Does the Secretary of registration period from November 3, Documentation for Nicaragua TPS DHS Have To Extend the Designation of 2004 until January 3, 2005. Beneficiaries TPS for Nicaragua (4) To re-register, the applicant must AGENCY: U.S. Citizenship and On March 1, 2003, the functions of file the following: (1) Form I–821, Immigration Services, DHS. the Immigration and Naturalization Application for Temporary Protected Service (INS) transferred from the ACTION: Notice. Status; (2) Form I–765, Application for Department of Justice (DOJ) to DHS Employment Authorization; and (3) a SUMMARY: The Temporary Protected pursuant to the Homeland Security Act biometric services fee of seventy dollars Status (TPS) designation for Nicaragua of 2002, Public Law 107–296. The ($70) if applicant is age 14 or older, or will expire on January 5, 2005. This responsibilities for administering TPS if applicant is under age 14 and notice extends the designation of held by INS were transferred to U.S. requesting an employment authorization Nicaragua for 18 months, until July 5, Citizenship and Immigration Services document. Applications submitted 2006, and sets forth procedures (USCIS). without the required fees will be necessary for nationals of Nicaragua (or Under section 244 of the Immigration returned to the applicant. If the aliens having no nationality who last and Nationality Act (Act), 8 U.S.C. 1254a, the Secretary of DHS, after applicant requests employment habitually resided in Nicaragua) with consultation with appropriate agencies authorization, he or she must submit TPS to re-register and to apply for an of the Government, is authorized to one hundred and seventy-five dollars extension of their employment designate a foreign state (or part thereof) ($175) or a properly documented fee authorization documents (EADs) for the additional 18-month period. Re- for TPS. 8 U.S.C. 1254a(b)(1). The waiver request, pursuant to 8 CFR Secretary of DHS may then grant TPS to registration is limited to persons who 244.20, with Form I–765. An applicant eligible nationals of that foreign state (or registered under the initial designation who does not request employment aliens having no nationality who last (which was announced on January 5, authorization must still file Form I–765 habitually resided in that state). 8 U.S.C. 1999) and also timely re-registered along with Form I–821, but is not 1254a(a)(1). required to submit the fee for filing under each subsequent extension of the Section 244(b)(3)(A) of the Act Form I–765. Failure to re-register designation. Eligible aliens must also requires the Secretary of DHS to review, without good cause will result in the have maintained continuous physical at least 60 days before the expiration of withdrawal of TPS. 8 U.S.C. presence in the United States since the TPS designation or any extension 1254a(c)(3)(C). Some persons who had January 5, 1999, and continuous thereof, the conditions in a foreign state not previously applied for TPS may be residence in the United States since designated for TPS to determine eligible for late initial registration under December 30, 1998. Certain nationals of whether the conditions for a TPS 8 CFR 244.2. Nicaragua (or aliens having no designation continue to be met and, if nationality who last habitually resided so, the length of an extension of the TPS (5) At least 60 days before this in Nicaragua) who have not previously extension ends on July 5, 2006, the designation. 8 U.S.C. 1254a(b)(3)(A). If applied for TPS may be eligible to apply the Secretary of DHS determines that Secretary of DHS, after consultation under the late initial registration with appropriate agencies of the the foreign state no longer meets the provisions. conditions for TPS designation, he shall Government, will review the Given the large number of designation Honduras for TPS and terminate the designation, as provided Nicaraguans affected by this notice, the in section 244(b)(3)(B) of the Act. 8 determine whether the conditions for Department of Homeland Security designation continue to be met. 8 U.S.C. U.S.C. 1254a(b)(3)(B). Finally, if the (DHS) recognizes that many re- Secretary of DHS does not determine 1254a(b)(3)(A). Notice of that registrants may not receive their new determination, including the basis for that a foreign state (or part thereof) no EADs until after their current EADs longer meets the conditions for the determination, will be published in expire on January 5, 2005. Accordingly, the Federal Register. Id. designation at least 60 days before the this notice automatically extends the designation is due to end, section (6) Information concerning the validity of EADs issued under Nicaragua 244(b)(3)(C) of the Act provides for an extension of designation of Honduras TPS for six months until July 5, 2005, automatic extension of TPS for an for TPS will be available at local USCIS and explains how TPS beneficiaries and additional period of 6 months (or, in the offices upon publication of this notice their employers may determine which discretion of the Secretary of DHS, a and on the USCIS Web site at http:// EADs are automatically extended. period of 12 or 18 months). 8 U.S.C. uscis.gov. DATES: Effective Dates: The extension of 1254a(b)(3)(C). Dated: October 28, 2004. TPS for Nicaragua is effective January 5, 2005, and will remain in effect until Why Did the Secretary of DHS Decide Tom Ridge, July 5, 2006. The 60-day re-registration To Extend the TPS Designation for Secretary of Homeland Security. period begins November 3, 2004 and Nicaragua? [FR Doc. 04–24608 Filed 11–1–04; 8:45 am] will remain in effect until January 3, On January 5, 1999, notice was BILLING CODE 4410–10–M 2005. published in the Federal Register at 64

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FR 524, designating Nicaragua for TPS loss of 4–7% of arable land. Id. There If I Am Currently Registered for TPS, due to the devastation resulting from are continued efforts to lessen the risk How Do I Re-Register for an Extension? Hurricane Mitch. The designation of of floods and mudslides in forty Nicaragua for TPS subsequently has communities still vulnerable in the All persons previously granted TPS been subsequently extended four times, wake of Hurricane Mitch via efforts under the designation of Nicaragua who with notice of such determinations such as emergency drilling. Id. wish to maintain such status must apply published in the Federal Register (65 Nationwide, reconstruction of roads for an extension by filing the following: FR 30440; 66 FR 23271; 67 FR 2245; 68 damaged by Mitch has been (1) Form I–821, Application for FR 23748). The most recent notice was concentrated in urban areas. Id. Temporary Protected Status; (2) Form I– published in the Federal Register on However, roads in the Central Rural and 765, Application for Employment May 5, 2003, and it is due to end on Atlantic Rural regions have deteriorated. Authorization (see the chart below to January 5, 2005. Id. determine whether you must submit the Since the date of the most recent Based upon this review, the Secretary one hundred and seventy-five dollar extension, DHS and the Department of of DHS, after consultation with ($175) filing fee with Form I 765); and State (DOS) have continued to review appropriate Government agencies, finds (3) a biometric services fee of seventy conditions in Nicaragua. Due to that the conditions that prompted dollars ($70) if you are 14 or older, or continued reconstruction of designation of Nicaragua for TPS if you are under 14 and requesting an infrastructure damaged by Hurricane continue to be met. 8 U.S.C. EAD. The biometric services fee cannot Mitch, the Secretary of DHS has 1254a(b)(3)(A). There continues to be a be waived. 8 CFR. 103.2(e)(i), (iii). determined that an 18-month extension substantial, but temporary, disruption in of the TPS designation is warranted living conditions in Nicaragua as the Unlike previous registration periods, because Nicaragua remains unable, result of an environmental disaster, and TPS applicants need not submit temporarily, to handle adequately the Nicaragua continues to be unable, photographs with the TPS application return of its nations. 8 U.S.C. temporarily to handle adequately the because a photograph will be taken 1254a(b)(1)(B). return of its nationals. 8 U.S.C. when the alien appears at an DOS notes that ‘‘the conditions that 1254a(b)(1)(B). On the basis of these Application Support Center (ASC) for initially gave rise to the designation findings, the Secretary of DHS collection of biometrics. continue to exist.’’ (DOS concludes that the TPS designation for An application submitted without the Recommendation (August 31, 2004)). Nicaragua should be extended for an required fees will be returned to the The USCIS Resource Information Center additional 18-month period. 8 U.S.C. applicant. Please note that Form I–821 (RIC) reports that the Spanish 1254a(b)(3)(C). has been revised and only the new form organization Infancia sin Fronteras with Revision Date 7/30/04 will be continues to provide food, medical care, If I Currently Have TPS Through the Designation of Nicaragua for TPS, Do I accepted. Submissions of older versions and educational training to 12,000 of Form I–821 will be rejected. Submit children affected by Hurricane Mitch. Still Register for TPS? the completed forms and applicable fee, (RIC Report (August 2004)). Yes. If you already have received TPS Reconstruction of infrastructure benefits through the designation of if any, to the USCIS Chicago, IL Lockbox damaged by Hurricane Mitch continues. Nicaragua for TPS, your benefits will during the 60-day re-registration period There is a shortage of potable water in expire on January 5, 2005. Accordingly, that begins November 3, 2004 and ends the northwestern department of individual TPS beneficiaries must January 3, 2005. An interim EAD will Chinandega, one of the areas hardest hit comply with the re-registration not be issued unless the Form I–765, as by Hurricane Mitch. Id. The requirements described below in order part of the TPS registration package, has Government of Canada has promised to maintain TPS benefits through July 5, been pending with USCIS more than 90 funding to build wells in three 2006. TPS benefits include temporary days after all requested initial evidence communities to address the lack of protection against removal from the has been received, including collection potable water. Id. Also in Chinandega, United States, as well as employment of the applicant’s fingerprints at an continued erosion related to Hurricane authorization, during the TPS ASC. See 8 CFR 103.2(b)(10)(ii) and 8 Mitch resulted in damage to 60% and designation period. 8 U.S.C. 1254a(a)(1). CFR 274a.13(d).

If Then

You are applying for an EAD valid until July 5, 2006, regardless of your You must complete and file the Form I–765, Application for Employ- age. ment Authorization, with the $175 fee. You are not requesting an EAD, or are applying under late initial reg- You must complete and file Form I–765 (for data-gathering purposes istration provisions and are under age 14 or over age 65. only) with no fee.1 You are applying for an EAD and are requesting a fee waiver ...... You must complete and file: (1) Form I–765 and (2) a fee waiver re- quest and affidavit (and any other supporting information) in accord- ance with 8 CFR 244.20. 1 An applicant who does not want an employment authorization document does not need to submit the $175 fee, but must still complete and submit Form I–765 for data gathering purposes.

Where Should an Applicant Submit His Immigration Services, P.O. Box 87583, Please note that this address is not the or Her Application to Re-Register or Chicago, IL 60680–0583. Or, for non- location where you have submitted your Late Initial Register for TPS? United States Postal Service (USPS) forms during previous re-registration deliveries: U.S. Citizenship and periods. Aliens re-registering or late The Form I–821, Form I–765, fees, Immigration Services, 427 S. LaSalle— initial registering for TPS under the and all supporting documentation 3rd Floor, Chicago, IL 60605. designation of Nicaragua should not should be filed at the USCIS Chicago sent their TPS forms and fees directly to Lockbox at: U.S. Citizenship and

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a USCIS Service Center or district office. What Documents May a Qualified acceptable document as proof of Failure to follow these instructions may Individual Show to His or Her identity and eligibility for employment. delay processing of your TPS re- Employer as Proof of Employment Employers are reminded that the laws registration application. Authorization and Identity When prohibiting unfair immigration-related Completing Form I–9, Employment employment practices remain in full Who Must Submit the $175 Filing Fee Eligibility Verification? force. For questions, employers may call for the Form I–765? the USCIS Office of Business Liaison For completion of the Form I–9 at the Employer Hotline at 1–800–357–2099 to Although all re-registrants must time of hire or re-verification, qualified speak to a USCIS representative. Also, submit the Form I–765, only those individuals who have received a six- employers may call the U.S. Department applicants who are requesting an EAD, month extension of their EADs by virtue of Justice Office of Special Counsel for regardless of age, must submit the $175 of this Federal Register notice may Immigration Related Unfair filing fee or a fee waiver request present to their employer a TPS-based Employment Practices (OSC) Employer pursuant to 8 CFR 244.20. Late initial EAD as proof of identity and Hotline at 1–800–255–8155 or 1–800– registrants between the ages of 14 and employment authorization until July 5, 362–2735 (TDD). Employees or 65, inclusive, who are requesting an 2005. To minimize confusion over this applicants may call the OSC Employee EAD, must submit the $175 fee or a fee extension at the time of hire or re- Hotline at 1–800–255–7688 or 1–800– waiver request pursuant to 8 CFR verification, qualified individuals may 237–2515 (TDD) for information 244.20. This requirement includes any also present to their employer a copy of regarding the automatic extension. individuals who do not need an EAD for this Federal Register notice regarding Additional information is available on employment or alien registration the automatic extension of employment the OSC Web site at http:// document purposes, but nevertheless authorization documentation to July 5, www.usdoj.gov/crt/osc/index.html. choose to apply for an EAD for use 2005. In the alternative, any legally acceptable document or combination of May I Apply for Another Immigration solely as an identity document. Benefit While Registered for TPS? Applicants who are submitting form I– documents listed in List A, List B, or Yes. Registration for TPS does not 765 only for data-gathering purposes are List C of the Form I–9 may be presented as proof of identity and employment prevent you from applying for another not required to submit a $175 filing fee, eligibility; it is the choice of the non-immigrant status, from filing for nor are they required to submit a fee employee. adjustment of status based on an waiver request. immigrant petition, or from applying for How May Employers Determine any other immigration benefit or Who Must Submit the $175 Biometric Whether an EAD Has Been Services Fee? protection. 8 U.S.C. 1254a(a)(5). TPS Automatically Extended Through July alone, however, does not lead to lawful All re-registrants and late initial 5, 2005 and Is Therefore Acceptable for permanent residence. 8 U.S.C. 1254a(e), registrants 14 years of age and older Completion of the Form I–9? (f)(1), (h). For the purposes of change of must submit the $70 biometric services For purposes of verifying identity and nonimmigrant status and adjustment of fee. In addition, any applicant under the employment eligibility or re-verifying status, an alien is considered as being age of 14 choosing to apply for an EAD employment eligibility on the Form I–9 in, and maintaining, lawful status as a must submit the $70 biometric services until July 5, 2005, employers of nonimmigrant during the period in fee, as a photograph, signature, and Nicaraguan TPS beneficiaries whose which the alien is granted TPS. 8 U.S.C. fingerprint are required to produce the EADs have been automatically extended 1254a(f)(4). card. This fee will not be waived. 8 CFR by this notice must accept such EAD if How Does an Application for TPS 103.2(e)(4)(i), (iii). presented. An EAD that has been Affect My Application for Asylum or automatically extended by this notice to Other Immigration Benefits? Who Is Eligible To Receive an July 5, 2005 will actually contain an An application for TPS does not affect Automatic Extension of His or Her expiration date of January 5, 2005, and an application for asylum or any other EAD? must be either (1) a Form I–766 bearing immigration benefit. Denial of an the notation ‘‘A–12’’ or ‘‘C–19’’ on the To receive an automatic extension of application for asylum or any other face of the card under ‘‘Category,’’ or (2) his or her EAD, an individual must be immigration benefit does not affect an a Form I–688B bearing the notation a national of Nicaragua (or an alien applicant’s TPS eligibility, although the ‘‘274a.12(a)(12)’’ or ‘‘274a.12(c)(19)’’ on grounds for denying one form of relief having no nationality who last the face of the card under ‘‘Provision of may also be grounds for denying TPS. habitually resided in Nicaragua) who Law.’’ New EADs or extension stickers For example, a person who has been has applied for and received an EAD showing the July 5, 2005 expiration date convicted of a particularly serious crime under the TPS designation of Nicaragua. will not be issued. This automatic extension is limited to is not eligible for asylum or TPS. 8 Employers should not request proof of EADs bearing an expiration date of U.S.C. 1158(b)(2)(A)(ii); 8 U.S.C. Nicaraguan citizenship. Employers January 5, 2005, that were issued on 1254a(c)(2)(B)(ii). presented with an EAD that has been either Form I–766, Employment extended pursuant to this Federal Does This Extension Allow Nationals of Authorization Document, or Form I– Register notice, if it appears to be Nicaragua (or Aliens Having No 688B, Employment Authorization Card. genuine and appears to relate to the Nationality Who Last Habitually The EAD must also be either (1) a Form employee, should accept the EAD as a Resided in Nicaragua) Who Entered the I–766 bearing the notation ‘‘A–12’’ or valid ‘‘List A’’ document and should not United States After December 30, 1998, ‘‘C–19’’ on the face of the card under ask for additional Form I–9 To File for TPS? ‘‘Category,’’ or (2) a Form I–688B documentation. This action by the No. This is a notice of an extension of bearing the notation ‘‘274a.12(a)(12)’’ or Secretary of DHS through this Federal the TPS designation of Nicaragua, not a ‘‘274a.12(c)(19)’’ on the face of the card Register notice does not affect the right notice re-designating Nicaragua for TPS. under ‘‘Provision of Law.’’ of an employee to present any legally An extension of a TPS designation does

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not change the required dates of An applicant for late initial (5) At least 60 days before this continuous residence and continuous registration must file an application for extension ends on July 5, 2006, the physical presence in the United States. late registration no later than 60 days Secretary of DHS, after consultation This extension does not expand TPS after the expiration or termination of the with appropriate agencies of the availability to those beyond the current conditions described above. 8 CFR Government, will review the TPS eligibility requirements for 244.2(g). All late initial registration designation of Nicaragua for TPS and Nicaragua. To be eligible for benefits applications for TPS pursuant to the determine whether the conditions for under this extension, nationals of TPS designation of Nicaragua should be designation continue to be met. 8 U.S.C. Nicaragua (or aliens having no submitted to the Lockbox address in 1254a(b)(3)(A). Notice of that nationality who last habitually resided Chicago, Illinois. determination, including the basis for in Nicaragua) must have continuously What Happens When This Extension of the determination, will be published in resided in the United States since TPS Expires on July 5, 2006? the Federal Register. Id. December 30, 1998 and been (6) Information concerning the continuously physically present in the At least 60 days before this extension extension of designation of Nicaragua United States since January 5, 1999, the of TPS designation of Nicaragua expires for TPS will be available at local USCIS date of the initial designation of TPS for on July 5, 2006, the Secretary of DHS, offices upon publication of this notice Nicaragua. after consultation with appropriate and on the USCIS Web site at http:// agencies of the Government, will review uscis.gov. Are Certain Aliens Ineligible for TPS? conditions in Nicaragua and determine Dated: October 28, 2004. whether the conditions for TPS Yes. There are certain criminal and Tom Ridge, terrorism-related inadmissibility designation continue to be met at that Secretary of Homeland Security. grounds that render an alien ineligible time, or whether the TPS designation for TPS. 8 U.S.C. 1254a(c)(2)(A)(iii). should be terminated. 8 U.S.C. [FR Doc. 04–24607 Filed 11–1–04; 8:45 am] Further, aliens who have been convicted 1254a(b)(3). Notice of that BILLING CODE 4410–10–M of any felony or two or more determination, including the basis for misdemeanors committed in the United the determination, will be published in DEPARTMENT OF HOMELAND States are ineligible for TPS under the Federal Register. SECURITY section 244(c)(2)(B) of the Act, 8 U.S.C. Notice of Extension of Designation of 254a(c)(2)(B), as are aliens described in TPS for Nicaragua National Communications System the bars to asylum in section By the authority vested in DHS under 208(b)(2)(A) of the Act, 8 U.S.C. Telecommunications Service Priority section 244(b)(1)(B), (b)(3)(A), and 1158(b)(2)(A). System Oversight Committee (b)(3)(C) of the Act, DHS has What Is Late Initial Registration? determined, after consultation with the AGENCY: National Communications Some persons may be eligible for late appropriate Government agencies, that System (NCS). initial registration under 8 U.S.C. the conditions that prompted ACTION: Notice of meeting cancellation. 1254a(c)(1)(A)(iv) and 8 CFR 244.2(f)(2) designation of Nicaragua for TPS The November 9, 2004 meeting of the and (g). To apply for late initial continue to be met. Accordingly, DHS Telecommunications Service Priority registration an applicant must: orders as follows: (1) The designation of Nicaragua (TSP) System Oversight Committee has (1) Be a national of Nicaragua (or alien under section 244(b)(1)(B) of the Act is been cancelled and will be rescheduled who has no nationality and who last extended for an additional 18-month at a later date to be determined. habitually resided in Nicaragua); period from January 5, 2005, to July 5, FOR FURTHER INFORMATION CONTACT: (2) Have continuously resided in the 2006. 8 U.S.C. 1254a(b)(3)(C). United States since December 30, 1998; Susan Flint, Office of Priority (2) There are approximately 4,309 Telecommunications, (703) 607–4932. (3) Have been continuously physically nationals of Nicaragua (or aliens having Media or press must contact Mr. Steve present in the United States since no nationality who last habitually Barrett at (703) 607–6211. January 5, 1999; and resided in Nicaragua) who have been (4) Be both admissible as an granted TPS and who are eligible for re- Peter M. Fonash, immigrant, except as provided under registration. Certifying Officer. section 244(c)(2)(A) of the Act, and not (3) To maintain TPS, a national of [FR Doc. 04–24505 Filed 11–2–04; 8:45 am] ineligible under section 244(c)(2)(B) of Nicaragua (or an alien having no BILLING CODE 4410–10–M the Act. nationality who last habitually resided Additionally, the applicant must be in Nicaragua) who was granted TPS able to demonstrate that during the during the initial designation period DEPARTMENT OF HOUSING AND initial registration period (from January and the subsequent extensions of this URBAN DEVELOPMENT 5, 1999 to August 20, 1999), he or she: designation, or who was granted TPS (1) Was a nonimmigrant or had been during late initial registration, must re- [Docket No. FR–4903–N–90] granted voluntary departure status or register for TPS during the 60-day re- Notice of Submission of Proposed any relief from removal; registration period from November 3, Information Collection to OMB; (2) Had an application for change of 2004 until January 3, 2005. status, adjustment of status, asylum, (4) To re-register, the applicant must Materials and Equipment voluntary departure, or any relief from file the following: (1) Form I–821, Specifications removal or change of status pending or Application for Temporary Protected AGENCY: Office of the Chief Information subject to further review or appeal; Status; (2) Form I–765, Application for Officer, HUD. (3) Was a parolee or had a pending Employment Authorization; and (3) a ACTION: Notice. request for reparole; or biometric services fee of seventy dollars (4) Is the spouse or child of an alien ($70) if applicant is age 14 or older, or SUMMARY: The proposed information currently eligible to be a TPS registrant. if applicant is under age 14, and collection requirement described below

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has been submitted to the Office of Street, SW., Washington, DC 20410; e- information; (3) Enhance the quality, Management and Budget (OMB) for mail [email protected]; or utility, and clarity of the information to review, as required by the Paperwork Lillian Deitzer at be collected; and (4) Minimize the Reduction Act. The Department is [email protected] or burden of the collection of information soliciting public comments on the telephone (202) 708–2374. This is not a on those who are to respond; including subject proposal. toll-free number. Copies of available through the use of appropriate This is a request for continued documents submitted to OMB may be automated collection techniques or approval to collect information from the obtained from Mr. Eddins or Ms Deitzer other forms of information technology, architect employed by a Public Housing and at HUD’s Web site at http:// e.g., permitting electronic submission of Agency (PHA) or Turnkey Developers to www5.hud.gov:63001/po/i/icbts/ responses. establish quality and kinds of materials collectionsearch.cfm. and equipment to be used in public This notice also lists the following SUPPLEMENTARY INFORMATION: This information: housing developments. notice informs the public that the Title of Proposal: Materials and DATES: Comments Due Date: December Department of Housing and Urban 3, 2004. Development has submitted to OMB a Equipment Specifications. ADDRESSES: Interested persons are request for approval of the information OMB Approval Number: 2577–0012. invited to submit comments regarding collection described below. This notice Form Numbers: HUD–5087. this proposal. Comments should refer to is soliciting comments from members of the proposal by name and/or OMB the public and affecting agencies Description of the Need for the approval Number (2577–0012 and concerning the proposed collection of Information and Its Proposed Use: This should be sent to: HUD Desk Officer, information to: (1) Evaluate whether the information is provided by the architect Office of Management and Budget, New proposed collection of information is employed by a Public Housing Agency Executive Office Building, Washington, necessary for the proper performance of (PHA) or Turnkey Developers to DC 20503; fax: 202–395–6974. the functions of the agency, including establish quality and kinds of materials FOR FURTHER INFORMATION CONTACT: whether the information will have and equipment to be used in public Wayne Eddins, Reports Management practical utility; (2) Evaluate the housing developments. Officer, AYO, Department of Housing accuracy of the agency’s estimate of the Frequency of Submission: On and Urban Development, 451 Seventh burden of the proposed collection of occasion.

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

Reporting Burden ...... 160 352 3 1,144

Total Estimated Burden Hours: 1,144. soliciting public comments on the mail [email protected]; or Status: Extension of a currently subject proposal. Lillian Deitzer at approved collection. This is a request for an extension of [email protected] or Authority: Section 3507 of the Paperwork the approval to collect the subject telephone (202) 708–2374. This is not a Reduction Act of 1995, 44 U.S.C. 35, as information. toll-free number. Copies of available amended. Collection of tenant data to ensure documents submitted to OMB may be owners comply with Federal statues and Dated: October 28, 2004. obtained from Mr. Eddins or Ms. Deitzer regulations that: (1) Establish policies to and at HUD’s Web site at http:// Wayne Eddins, who may be admitted to subsidized www.hud.gov:63001/po/i/icbts/ Departmental Reports Management Officer, housing; (2) specify which eligible collectionsearch.cfm. Office of the Chief Information Officer. applicants may be given priority over SUPPLEMENTARY INFORMATION: This [FR Doc. E4–2992 Filed 11–2–04; 8:45 am] others for rental assistance; (3) prohibit notice informs the public that the BILLING CODE 4210–72–P discrimination in conjunction with Department of Housing and Urban selection of tenants and unit; (4) specify Development has submitted to OMB a how tenants’ incomes and rents must be request for approval of the information DEPARTMENT OF HOUSING AND compiled; and (5) require Annual collection described below. This notice URBAN DEVELOPMENT Reports to Congress. is soliciting comments from members of [Docket No. FR–4903–N–89] DATES: Comments Due Date: December the public and affecting agencies 3, 2004. Notice of Submission of Proposed concerning the proposed collection of ADDRESSES: Interested persons are Information Collection to OMB; information to: (1) Evaluate whether the invited to submit comments regarding proposed collection of information is Owner’s Certification With HUD Tenant this proposal. Comments should refer to Eligibility and Rent Procedures necessary for the proper performance of the proposal by name and/or OMB the functions of the agency, including AGENCY: Office of the Chief Information approval Number (2502–0204) and whether the information will have Officer, HUD. should be sent to: HUD Desk Officer, practical utility; (2) Evaluate the Office of Management and Budget, New ACTION: Notice. accuracy of the agency’s estimate of the Executive Office Building, Washington, burden of the proposed collection of SUMMARY: The proposed information DC 20503; fax: (202) 395–6974. information; (3) Enhance the quality, collection requirement described below FOR FURTHER INFORMATION CONTACT: utility, and clarity of the information to has been submitted to the Office of Wayne Eddins, Reports Management be collected; and (4) Minimize the Management and Budget (OMB) for Officer, AYO, Department of Housing burden of the collection of information review, as required by the Paperwork and Urban Development, 451 Seventh on those who are to respond; including Reduction Act. The Department is Street, SW., Washington, DC 20410; e- through the use of appropriate

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automated collection techniques or OMB Approval Number: 2502–0204. housing; (2) specify which eligible other forms of information technology, Form Numbers: HUD–27061, HUD– applicants may be given priority over e.g., permitting electronic submission of 9887, and HUD–9887A. others for rental assistance; (3) prohibit responses. Description of the Need for the discrimination in conjunction with This notice also lists the following Information and its Proposed Use: selection of tenants and unit; (4) specify information: Collection of tenant data to ensure how tenants’ incomes and rents must be Title of Proposal: Owner’s owners comply with Federal statues and compiled; and (5) require Annual Certification with HUD Tenant regulations that: (1) Establish policies to Reports to Congress. Eligibility and Rent Procedures. who may be admitted to subsidized Frequency of Submission: Annually.

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

Reporting Burden ...... 2,210,139 1 0.953 2,108,052

Total Estimated Burden Hours: amounts, the actual bids, any proposed concerning the proposed collection of 2,108,052. changes in the amounts, and the final information to: (1) Evaluate whether the Status: Extension of a currently adjusted bid for each category. The proposed collection of information is approved collection. collection provides for a comparison necessary for the proper performance of AUTHORITY: Section 3507 of the between bids and the approved, pre-bid the functions of the agency, including Paperwork Reduction Act of 1995, 44 U.S.C. estimate. The information is submitted whether the information will have 35, as amended. for approval to award of a construction practical utility; (2) Evaluate the Dated: October 28, 2004. contract. accuracy of the agency’s estimate of the Wayne Eddins, DATES: Comments Due Date: December burden of the proposed collection of Departmental Reports Management Officer, 3, 2004. information; (3) Enhance the quality, Office of the Chief Information Officer. ADDRESSES: Interested persons are utility, and clarity of the information to [FR Doc. E4–2993 Filed 11–2–04; 8:45 am] invited to submit comments regarding be collected; and (4) Minimize the burden of the collection of information BILLING CODE 4210–27–P this proposal. Comments should refer to the proposal by name and/or OMB on those who are to respond; including approval Number (2577–0037) and through the use of appropriate DEPARTMENT OF HOUSING AND should be sent to: HUD Desk Officer, automated collection techniques or URBAN DEVELOPMENT Office of Management and Budget, New other forms of information technology, Executive Office Building, Washington, e.g., permitting electronic submission of [Docket No. FR–4903–N–91] DC 20503; fax: (202) 395–6974. responses. Notice of Submission of Proposed FOR FURTHER INFORMATION CONTACT: This notice also lists the following Information Collection to OMB: Wayne Eddins, Reports Management information: Analysis of Proposed Main Officer, AYO, Department of Housing Title of Proposal: Analysis of Construction Contract and Urban Development, 451 Seventh Proposed Main Construction Contract. Street, SW., Washington, DC 20410; e- OMB Approval Number: 2577–0037. AGENCY: Office of the Chief Information mail [email protected]; or Form Numbers: HUD–52396. Officer, HUD. Lillian Deitzer at Description of the Need for the ACTION: Notice. [email protected] or Information and its Proposed Use: telephone (202) 708–2374. This is not a SUMMARY: The proposed information Housing Agencies (Has) submit main collection requirement described below toll-free number. Copies of available construction contracts for has been submitted to the Office of documents submitted to OMB may be conventionally developed projects Management and Budget (OMB) for obtained from Mr. Eddins or Ms Deitzer under the Low-Income Housing program review, as required by the Paperwork and at HUD’s Web site at http:// indicating approved, pre-bid budget Reduction Act. The Department is www5.hud.gov:63001/po/i/icbts/ amounts, the actual bids, any proposed soliciting public comments on the collectionsearch.cfm changes in the amounts, and the final subject proposal. SUPPLEMENTARY INFORMATION: This adjusted bid for each category. The This is a request for continued notice informs the public that the collection provides for a comparison approval to collect information from Department of Housing and Urban between bids and the approved, pre-bid Housing Agencies (Has) on main Development has submitted to OMB a estimate. The information is submitted construction contracts for request for approval of the information for approval to award of a construction conventionally developed projects collection described below. This notice contract. under the Low-Income Housing program is soliciting comments from members of Frequency of Submission: On indicating approved, pre-bid budget the public and affecting agencies occassion.

Number of Annual re- × Hours per respondents sponses response = Burden hours

Reporting Burden ...... 96 96 .... 2.25 .... 216

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Total Estimated Burden Hours: 216. meeting agendas can be obtained from I. Abstract Status: Extension of a currently the Designated Federal Official. The Bureau of Indian Affairs, approved collection. Comments may be submitted via email Department of the Interior, must collect Authority: Section 3507 of the Paperwork to [email protected]. Additional personal information to carry out the Reduction Act of 1995, 44 U.S.C. 35, as information regarding the monument requirements of 25 CFR Part 11, sections amended. and the CCP is available on the 11.600(c), Marriage, and 11.606(c), Dated: October 29, 2004. monument’s Internet site at http:// Dissolution of Marriage. Information is hanfordreach.fws.gov. Wayne Eddins, collected by the Clerk of the Court of Departmental Reports Management Officer, FOR FURTHER INFORMATION CONTACT: For Indian Offenses in order for the Court to Office of the Chief Information Officer. further information concerning the issue a marriage license or dissolve a [FR Doc. E4–2994 Filed 11–2–04; 8:45 am] meetings, contact Mr. Greg Hughes, marriage. The information is collected on a one-page application requesting BILLING CODE 4210–27–P Designated Federal Official, via telephone at (509) 371–1801, or fax at only basic information necessary for the (509) 375–0196. Court to properly dispose of the matter. DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: II. Method of Collection Committee meetings are open to the The information is collected on a one- Fish and Wildlife Service public. Verbal comments may be submitted during the course of the page application for the marriage license or for a dissolution of marriage. Hanford Reach National Monument meetings, and written comments may be Federal Advisory Committee Meetings submitted at the close of the meetings, III. Information Collected mailed to the Monument office address, AGENCY: Fish and Wildlife Service, Courts of Indian Offenses (CFR or submitted via e-mail. Interior. Courts) have been established on certain Dated: October 27, 2004. ACTION: Notice of Hanford Reach Indian reservations under the authority National Monument Federal Planning David J. Wesley, vested in the Secretary of the Interior by Advisory Committee meeting. Acting Regional Director, Region 1, Portland, 5 U.S.C. 301, 25 U.S.C. 2 and 9, and 25 Oregon. U.S.C. 13, which authorizes SUMMARY: The U.S. Fish and Wildlife [FR Doc. 04–24612 Filed 11–2–04; 8:45 am] appropriations for ‘‘Indian judges.’’ See Service (Service) is announcing two BILLING CODE 4310–55–P Tillett v. Hodel, 730 F. Supp. 381 (W.D. upcoming meetings of the Hanford Okla. 1990), aff’d 931 F.2d 636 (10th Reach National Monument Federal Cir. 1991) United States v. Clapox, 13 Planning Advisory Committee DEPARTMENT OF THE INTERIOR Sawy. 349, 35 F. 575 (D. Ore. 1888). The (Committee). In these meetings, the CFR Courts provide adequate machinery Committee will continue their work on Bureau of Indian Affairs for the administration of justice for making recommendations to the Service Indian tribes in those areas where tribes Courts of Indian Offenses—Application and the Department of Energy (DOE) on retain jurisdiction over Indians and is Marriage/Dissolution the preparation of a long-term exclusive of state jurisdiction but where management plan for the Hanford Reach AGENCY: Bureau of Indian Affairs, tribal courts have not been established National Monument Comprehensive Interior. to exercise that jurisdiction. Conservation Plan and associated ACTION: Notice of proposed renewal of Accordingly, CFR Courts exercise Environmental Impact Statement (CCP/ information collection. jurisdiction under part 11 of Title 25 of EIS). The Committee is focusing on the Code of Federal Regulations. advice that identifies and reconciles SUMMARY: As required by the Paperwork Domestic relations are governed by 25 land management issues while meeting Reduction Act of 1995, the Bureau of CFR 11.600 which authorizes the CFR the directives of Presidential Indian Affairs is seeking comments on Court to conduct marriages and dissolve Proclamation 7319 that established the the renewal of OMB Control No. 1076– marriages. In order to be married in a Monument. 0094, Law and Order on Indian CFR Court, a marriage license must be DATES: The Committee has scheduled Reservations. Under subpart F of the obtained (25 CFR 11.600, 601). To the following meetings: regulations, basic information is comply with this requirement, an 1. Thursday, November 17, 2004, 9:30 requested of applicants for the issuance applicant must respond to the following a.m. to 4:30 p.m., Richland, WA. of a marriage license or for the six questions found at 25 CFR 11.600(c): 2. Thursday, January 6, 2005, 9:30 dissolution of a marriage by a Court of (c) A marriage license application a.m. to 4:30 p.m., Richland, WA. Indian Offenses. shall include the following information: DATES: (1) Name, sex, occupation, address, ADDRESSES: The meetings will take Submit comments on or before January 3, 2005. social security number, and date and place at the Washington State place of birth for each party to the University Tri-Cities Consolidated ADDRESSES: Send comments to Ralph Gonzales, Office of Tribal Services, proposed marriage; Information Center, 2770 University (2) If either party was previously Bureau of Indian Affairs, 1951 Drive, Rooms 120 and 120 A, Richland, married, his or her name, and the date, Constitution Avenue, NW., Mail Stop WA. place, and court in which the marriage Room 320, South Interior Building, Written comments may be submitted was dissolved or declared invalid or the Washington, DC 20240; Telephone: to Mr. Greg Hughes, Designated Federal date and place of death of the former 202–513–7629. Official for the Hanford Reach National spouse; Monument (HRNM) Federal Planning FOR FURTHER INFORMATION CONTACT: You (3) Name and address of the parents Advisory Committee, Hanford Reach may request further information or or guardian of each party; National Monument/Saddle Mountain obtain copies of the proposed (4) Whether the parties are related to National Wildlife Refuge, 3250 Port of information collection request from each other and, if so, their relationship; Benton Blvd., Richland, WA 99352; fax Ralph Gonzales at (202) 513–7629. (5) The name and date of birth of any (509) 375–0196. Copies of the draft SUPPLEMENTARY INFORMATION: child of which both parties are parents,

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born before the making of the of support that may be required from the withheld, you must state this application, unless their parental rights non-custodial parent. prominently at the beginning of your and the parent and child relationship Description of the need for the comments. We will honor your request with respect to the child have been information and proposed use of the according to the requirements of the terminated; and information: The information is law. All comments from organizations (6) A certificate of the results of any submitted in order to obtain or retain a or representatives will be available for medical examination required by either benefit, namely, the issuance of a review. We may withhold comments applicable tribal ordinances, or the laws marriage license or a decree of from review for other reasons. of the State in which the Indian country dissolution of marriage from the Court OMB Control Number: 1076–0094. under the jurisdiction of the Court of of Indian Offenses. Type of Review: Renewal. Indian Offenses is located. Affected entities: Indian applicants Title: Title 25 CFR 11, Subpart F, Law For the purposes of section 11.600, that are under the jurisdiction of one of and Order on Indian Reservations. Marriage, Social Security number the Courts of Indian Offenses. Brief Description of Collection: It is information is requested to confirm Estimated number of respondents: mandatory for respondent to complete identity. Previous marriage information Approximately 260 applications for a an application, to receive a marriage is requested to avoid multiple marriage license or petition for license or obtain a decree of dissolution simultaneous marriages, and to ensure dissolution of marriage will be filed in of marriage. that any pre-existing legal relationships the Courts of Indian Offenses listed at Respondents: Persons who reside on are dissolved. Information on 25 CFR 11.100(a) annually. land within the jurisdiction of a Court consanguinity is requested to avoid Proposed frequency of responses: On of Indian Offenses. conflict with state or tribal laws against occasion as needed. Number of Respondents: 260. marriages between parties who are Burden: The average burden of Estimated Time per Response: 15 related by blood as defined in such submitting a marriage license or petition minutes. laws. Medical examination information for dissolution of marriage is 15 minutes Frequency of Response: On occasion. may be requested if required under the per application. The total annual burden Total Annual Burden to Respondents: laws of the state in which the Court of is estimated as 65 hours. 65 hours. Indian Offenses is located. Estimated cost: There are no costs to Total Annual Cost to Respondents: To comply with the requirement for consider, except estimated costs of $100 Negligible. dissolution of marriage, an applicant per court annually, for the material, Dated: October 18, 2004. must respond to the following six supplies and staff time required by the David W. Anderson, questions found at 25 CFR 11.606(c): Court of Indian Offenses. Assistant Secretary—Indian Affairs. (1) The age, occupation, and length of IV. Request for Comments [FR Doc. 04–24518 Filed 11–2–04; 8:45 am] residence within the Indian country BILLING CODE 4310–4J–P under the jurisdiction of the court of The Bureau of Indian Affairs requests each party; your comments on this collection concerning: (2) The date of the marriage and the DEPARTMENT OF THE INTERIOR place at which it was registered; (a) The necessity of this information (3) That jurisdictional requirements collection for the proper performance of Bureau of Land Management are met and that the marriage is the functions of the agency, including irretrievably broken in that either— whether the information will have Notice of Seasonal Closure of Crystal (i) the parties have lived separate and practical utility; Cave, Installation of Locking Gate, and apart for a period of more than 180 days (b) The accuracy of the agency’s Implementation of Crystal Cave next preceding the commencement of estimate of the burden (hours and cost) Recreation Management Plan Including the proceeding; or of the collection of information, Visitor Use Permit System (ii) there is a serious marital discord including the validity of the adversely affecting the attitude of one or methodology and assumption used; AGENCY: Bureau of Land Management, both of the parties toward the marriage, (c) Ways we could enhance the Interior. and there is no reasonable prospect of quality, utility, and clarity of the ACTION: Notice. reconciliation; information to be collected; and (4) The names, age, and addresses of (d) Ways we could minimize the SUMMARY: Notice is hereby given that all living children of the marriage and burden of the collection of information public access to Crystal Cave in the Salt whether the wife is pregnant; on the respondents, such as through the Lake Field Office District of the Bureau (5) Any arrangement as to support, use of automated collection techniques of Land Management (BLM) will be custody, and visitation of the children or other forms of information controlled via a visitor use permit and maintenance of a spouse; and technology. system to protect a maternity colony of (6) The relief sought. Please note that an agency may not Townsend’s Big-eared Bats For the purposes of section 11.606, sponsor or request, and an individual (Corynorhinus townsendii, a Utah Dissolution proceedings, information on need not respond to, a collection of sensitive species of special concern), to occupation and residency is necessary information unless it has a valid OMB maintain the integrity of unique to establish court jurisdiction. Control Number. The OMB Control geologic cave formations, and to ensure Information on the status of the parties, Number for this collection is 1076– visitor safety and compliance through whether they have lived apart 180 days 0094. the installation of a bat-friendly locking or if there is serious marital discord It is our policy to make all comments gate. The seasonal closure and permit warranting dissolution, is necessary for available to the public for review at the system will begin upon the installation the court to determine if dissolution is location listed in the ADDRESSES section, of the bat-friendly locking gate and proper. Information on the children of Room 320–SIB, during the hours of 8 implementation of the Crystal Cave the marriage, their ages and whether the a.m. to 5 p.m., e.s.t., Monday through Management Plan. wife is pregnant is necessary for the Friday, excluding legal holidays. If you DATES: Public access to Crystal Cave court to determine the appropriate level wish to have your name and/or address will be controlled via permit system

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from Oct 1–March 31 and seasonally duties, or while enforcing this closure FOR FURTHER INFORMATION CONTACT: closed from April 1–Sept 30 each year. notice. Jayne Harkins, Bureau of Reclamation, Future changes to these closure dates Violation of this closure is punishable Lower Colorado Region, P.O. Box 61470, may be necessary as ongoing bat by a fine not to exceed $100,000 and/ Boulder City, Nevada 89006–1470; migration research at Crystal Cave is or imprisonment not to exceed 12 telephone (702) 293–8411; faxogram accomplished. Any changes to access months as provided in 43 CFR 8360–0.7 (702) 293–8614; e-mail: dates will be given via subsequent as further defined in 18 U.S.C. 3571. [email protected]; or Tom Ryan, Federal Register notice. Dated: September 20, 2004. Bureau of Reclamation, Upper Colorado FOR FURTHER INFORMATION CONTACT: For Glenn A. Carpenter, Region, 125 South State Street, Room information regarding public access to Field Office Manager. 6107, Salt Lake City, Utah 84138–1147; telephone (801) 524–3732; faxogram Crystal Cave, contact the BLM’s Salt [FR Doc. 04–24662 Filed 11–1–04; 1:52 pm] Lake Field Office at (801) 977–4300. (801) 524–5499; e-mail: BILLING CODE 4310–DQ–P [email protected]. SUPPLEMENTARY INFORMATION: This seasonal closure to public access of SUPPLEMENTARY INFORMATION: The Crystal Cave will serve to protect both DEPARTMENT OF THE INTERIOR public review process began with a a maternity colony of Townsend’s Big- Federal Register Notice published on eared Bats and unique geologic cave Bureau of Reclamation January 15, 2002, announcing the sixth formations, and to ensure visitor safety Review of Existing Coordinated Long- review of the Operating Criteria and and compliance through the installation Range Operating Criteria for Colorado inviting comments regarding whether of a bat-friendly locking gate. The BLM River Reservoirs (Operating Criteria) the Operating Criteria should be decision is to manage access to Crystal modified, and if so, how they should be Cave by constructing a bat-friendly gate AGENCY: Bureau of Reclamation modified. The January 15, 2002, Notice and implementing a Cave Management (Reclamation), Interior. provided for a comment period that Plan coupled with a visitor use permit ACTION: Notice of proposed decision ended on March 18, 2002. On March 6, system. regarding the operating criteria and 2002, a second Notice was published in With increasing visitation, additional announcement of public consultation the Federal Register extending the measures are needed to effectively meeting. comment period to March 29, 2002, and protect the cave. Formations are being inviting public feedback on whether or illegally removed and critical bat habitat SUMMARY: The purpose of this action is not Reclamation should conduct a is being disturbed. A permit system will to provide notice of a public public meeting to solicit comments as provide an opportunity to educate the consultation meeting. In addition, based part of the sixth review of the Operating public on the importance of protecting on information submitted for review by Criteria. A letter was then sent to all critical cave resources. the Department of the Interior, interested parties, tribes, and Installation of a gate will provide the Reclamation is proposing that the stakeholders on March 7, 2002, that maximum security for Crystal Cave Secretary of the Interior (Secretary) included copies of both Federal resources while minimizing the negative make a number of identified Register Notices and the Operating effects on the cave’s ecology. The gate modifications to the text of the Criteria. will be constructed as a joint effort Operating Criteria developed pursuant On June 27, 2002, a Fact Sheet between the Salt Lake BLM Field Office, to Section 602 of the Colorado River providing information on the Operating Timpanogos Cave National Monument, Basin Project Act of 1968. The bases for Criteria, scope of the review process, Salt Lake NSS Grotto, the Timpanogos the proposed changes are: (1) Specific public participation, timeline for the NSS Grotto, and other interested changes in Federal law applicable to the review process, and contact information individuals. Operating Criteria, (2) language in the was sent to all interested parties and The Crystal Cave Management Plan current text of the Operating Criteria stakeholders. In addition to the Fact will set forth direction for long-range that is outdated, and (3) specific Sheet, Reclamation set up a Web site management planning and oversight of modifications to Article IV(b) of the (http://www.usbr.gov/lc/region/g4000/ this important resource and identify Operating Criteria that reflect actual lroc) for the sixth review of the specific management actions for operating experience. Operating Criteria that contained further recreation use at Crystal Cave. The DATES: To receive input on the proposed information on the review, copies of all management plan will emphasize decision regarding specific limited comment letters received, and links to recreational use while providing for changes to the Operating criteria, technical documents Reclamation felt natural resource conservation and Reclamation will conduct a public would be useful during the review enhancement. consultation meeting in Henderson, process. The authority for establishing this Nevada. The meeting will be held at the Detailed written comments were restriction is found at 43 CFR 8364.1(a). following time and location: received from 16 interested parties This restriction does not apply to: • November 19, 2004—9 a.m. to 1 providing Reclamation with numerous (1) Any Federal, State or local p.m. at the Henderson Convention issues, comments, and concerns government officer or member of an Center, 200 South Water Street, regarding possible changes to the organized rescue or fire fighting force Henderson, Nevada. Operating Criteria. The comment letters while in the performance of an official All comments relevant to the were posted on the Operating Criteria duty. proposed decision should be received Web site in May 2002 and have been (2) Any Bureau of Land Management no later than December 6, 2004. reviewed by Reclamation for employee, agent, contractor, or ADDRESSES: Interested parties should identification and analysis of the issues. cooperator while in the performance of send comments or questions to: As required by Federal law, formal an official duty. Regional Director, Attention: BCOO– consultation with the representatives of (3) Any Federal, State, local, or 4600, Bureau of Reclamation, Lower the seven Basin States, and with contract law enforcement officer, while Colorado Region, P.O. Box 61470, members of the general public, was in the performance of their official Boulder City, Nevada 89006–1470. conducted during this review of the

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Operating Criteria. The January 15, allowable by law. There also may be Previous reviews of the Operating 2002, Federal Register Notice stated circumstances in which we would Criteria were conducted in 1975, 1980, that open public meetings would be withhold a respondent’s identify from 1985, 1990, and 1995. These reviews conducted as part of this review, and in public disclosure, as allowable by law. did not propose any changes to the the March 6, 2002, Federal Register If you wish us to withhold your name Operating Criteria. Prior to 1990, Notice, Reclamation asked for and/or address, you must state this reviews were conducted primarily comments on whether or not a public prominently at the beginning of your through meetings with and meeting should be held. At the end of comment. We will make all submissions correspondence among representatives the comment period (March 29, 2002), from organizations or businesses, and of the seven Basin States and several of those who provided from individuals identifying themselves Reclamation. Because the long-range comments stated that a public meeting as representatives or officials of operation of the Colorado River to solicit comments on the need to organizations or businesses, available Reservoirs is important to many revise the Operating Criteria was not for public disclosure in their entirety. agencies and individuals, in 1990, needed. Accordingly, Reclamation did Background: The Operating Criteria, through an active public involvement not conduct a public meeting at that promulgated pursuant to Section 602 of process, Reclamation expanded the point in the review process. However, the 1968 Colorado River Basin Project review of the Operating Criteria to pursuant to this Federal Register Act (Pub. L. 90–537), were published in include all interested stakeholders. A Notice, a public consultation meeting the Federal Register on June 10, 1970 team consisting of Reclamation staff will be conducted on November 19, (35 FR 8951). In order to comply with from Salt Lake City, Utah, and Boulder 2004, allowing interested parties and and carry out the provisions of the City, Nevada, was organized to conduct the general public an opportunity to Colorado River Compact, the Upper the 1995 review. For this review, provide comments on the proposed Colorado River Basin Compact, and the Reclamation staff from Boulder City and changes to the Operating Criteria Mexican Water Treaty, the Operating Salt Lake City followed a similar public identified in this Federal Register Criteria provide for the coordinated process. Notice. This meeting will be considered long-range operation of the reservoirs The scope of the review has been a consultation with the States, constructed and operated under the consistent with the statutory purposes interested parties, and stakeholders, as authority of the Colorado River Storage of the Operating Criteria which are ‘‘to well as government-to-government Project Act and the Boulder Canyon comply with and carry out the consultation with tribal representatives. Project Act. provisions of the Colorado River Following analysis of any additional The Operating Criteria state that the Compact, Upper Colorado River Basin comments received as a result of this Secretary will sponsor a formal review Compact, and Mexican Water Treaty’’ Notice, any proposed Federal action of the Operating Criteria at least every 43 U.S.C. 1552(a). Long-range will be evaluated by Reclamation to five years with participation by operations generally refer to the determine the applicability of National Colorado River Basin State planning of reservoir operations over Environmental Policy Act compliance. representatives as each Governor may several decades, as opposed to the A final Secretarial decision regarding designate and other parties and agencies Annual Operating Plan which details this five-year review will be published as the Secretary may deem appropriate. specific reservoir operations for the next in the Federal Register. As required by Pub. L. 102–575 (the operating year, as required by 43 U.S.C. Grand Canyon Protection Act of 1992), 1552(b). Public Disclosure the Secretary also consults in this Proposed Modifications to the It is Reclamation’s practice to make review process with the general public Operating Criteria: As a result of this comments, including names and home including representatives of academic review, Reclamation is proposing the addresses of respondents, available for and scientific communities, following modifications to the public review. Individual respondents environmental organizations, the Operating Criteria (additions are shown may request that we withhold their recreation industry, and contractors for with highlighted text and deletions are home address from public disclosure, the purchase of federal power produced shown with a line): which we will honor to the extent at Glen Canyon Dam. BILLING CODE 4310–MN–M

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BILLING CODE 4310–MN–C SUMMARY: Following receipt of a request American Free Trade Agreement Proposed Decision: The Department of on October 20, 2004, from the United Implementation Act (the Act) authorizes the Interior has considered the States Trade Representative (USTR) the President, subject to the comments received during this review under authority delegated by the consultation and layover requirements of the Operating Criteria. After a careful President and pursuant to section 103 of of section 103 of the Act, to proclaim review of the comments received, the North American Free Trade such modifications to the rules of origin solicitation of public review to Agreement (NAFTA) Implementation as are necessary to implement an Reclamation’s responses, and Act (19 U.S.C. 3313), the Commission agreement with one or more of the consultation with the Governor’s instituted investigation No. NAFTA– NAFTA countries pursuant to paragraph representatives of the seven Basin 103–009, Certain Sanitary Articles of 2 of section 7 of Annex 300–B of the States, Reclamation is proposing that Tri-Lobal Rayon Staple Fibers: Effect of Agreement. One of the requirements set the Secretary of the Interior make a Modification of NAFTA Rules of Origin out in section 103 of the Act is that the number of identified modifications to for Goods of Canada and Mexico. President obtain advice from the United the text of the Operating Criteria. The FOR FURTHER INFORMATION CONTACT: States International Trade Commission. bases for the proposed changes are (1) Information may be obtained from In his letter, the USTR requested that specific changes in Federal law Kimberlie Freund, Office of Industries the Commission provide advice on the applicable to the Operating Criteria, (2) (202–708–5402, probable effect of the proposed language in the current text of the [email protected]); for modification of the NAFTA rule of Operating Criteria that is outdated, and information on legal aspects, contact origin for certain sanitary articles (as (3) specific modifications to Article William Gearhart of the Office of the described above) on U.S. trade under IV(b) of the Operating Criteria that General Counsel (202–205–3091, the NAFTA, on total U.S. trade, and on reflect actual operating experience. [email protected]). The media should domestic producers of the affected Dated: September 28, 2004. contact Margaret O’Laughlin, Office of articles. As requested, the Commission William E. Rinne, Public Affairs (202–205–1819, will submit its advice to the USTR by Deputy Commissioner, Bureau of [email protected]). December 20, 2004, and soon thereafter, Reclamation. Background: Annex 300–B, Chapter 4, issue a public version of the report with [FR Doc. 04–24552 Filed 11–2–04; 8:45 am] and Annex 401 of the NAFTA contain any confidential business information the rules of origin for textiles and deleted. Additional information BILLING CODE 4310–MN–M apparel for application of the tariff concerning the articles and the provisions of the NAFTA. These rules proposed modifications can be obtained are set forth for the United States in by accessing the electronic version of INTERNATIONAL TRADE general note 12 to the Harmonized Tariff this notice at the Commission Internet COMMISSION Schedule (HTS). According to the USTR site (http://www.usitc.gov). The current [Investigation No. NAFTA–103–009] request letter, U.S. negotiators have NAFTA rules of origin applicable to recently reached agreement in principle U.S. imports can be found in general Certain Sanitary Articles of Tri-Lobal with representatives of the Governments note 12 of the 2004 HTS (see ‘‘General Rayon Staple Fibers: Effect of of Canada and Mexico to modify the Notes’’ link at http://hotdocs.usitc.gov/ Modification of NAFTA Rules of Origin NAFTA rule of origin for certain tariff_chapters_current/toc.html). for Goods of Canada and Mexico sanitary towels or tampons classified in Written Submissions: No public HTS subheading 5601.10 and made hearing is planned. However, interested AGENCY: United States International from tri-lobal rayon staple fibers (38 parties are invited to submit written Trade Commission. mm, 3.3 decitex) of HTS subheading statements concerning the matters to be ACTION: Institution of investigation and 5504.10. If implemented, the proposed addressed by the Commission in this request for written submissions. rule of origin would apply to U.S. investigation. Submissions should be imports from and exports to the NAFTA addressed to the Secretary, United EFFECTIVE DATE: October 27, 2004. parties. Section 202(q) of the North States International Trade Commission,

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500 E Street, SW., Washington, DC Commission should contact the Office Executive Director of 3–A Sanitary 20436. To be assured of consideration of the Secretary at 202–205–2000. Standards, Inc., at (703) 790–0295. by the Commission, written statements related to the Commission’s reports List of Subjects Dorothy B. Fountain, should be submitted to the Commission Deputy Director of Operations, Antitrust NAFTA, rules of origin, textiles, Division. at the earliest practical date and should fibers. be received no later than the close of [FR Doc. 04–24567 Filed 11–2–04; 8:45 am] business on November 15, 2004. All By order of the Commission. BILLING CODE 4410–11–M written submissions must conform with Issued: October 28, 2004. the provisions of section 201.8 of the Marilyn R. Abbott, Commission’s Rules of Practice and Secretary to the Commission. DEPARTMENT OF JUSTICE Procedure (19 CFR 201.8). Section 201.8 [FR Doc. 04–24478 Filed 11–2–04; 8:45 am] of the rules requires that a signed Antitrust Division original (or copy designated as an BILLING CODE 7020–02–P original) and fourteen (14) copies of Notice Pursuant to the National each document be filed. In the event Cooperative Research and Production that confidential treatment of the Act of 1993—Air Conditioning DEPARTMENT OF JUSTICE document is requested, at least four (4) Contractors of America Educational Institute, Inc. additional copies must be filed, in Antitrust Division which the confidential business Notice is hereby given that, on information must be deleted (see the Notice Pursuant to the National September 16, 2004, pursuant to section following paragraph for further Cooperative Research and Production 6(a) of the National Cooperative information regarding confidential Act of 1993—3–A Sanitary Standards, Research and Production Act of 1993, business information). The Inc. Commission’s rules do not authorize 15 U.S.C. 4301 et seq. (‘‘the Act’’), Air filing submissions with the Secretary by Notice is hereby given that, on Conditioning Contractors of America facsimile or electronic means, except to September 14, 2004, pursuant to section Educational Institute, Inc. (‘‘ACCA–EI’’) the extent permitted by section 201.8 of 6(a) of the National Cooperative has filed written notifications the rules (see Handbook for Electronic Research and Production Act of 1993, simultaneously with the Attorney Filing Procedures, ftp://ftp.usitc.gov/ 15 U.S.C. 4301 et seq. (‘‘the Act’’), 3–A General and the Federal Trade pub/reports/electronic_filing Commission disclosing (1) the name and _handbook.pdf). Sanitary Standards, Inc. (‘‘3–A SSI’’) has filed written notifications principal place of business of the Any submissions that contain standards development organization confidential business information (CBI) simultaneously with the Attorney General and the Federal Trade and (2) the nature and scope of its must also conform with the standards development activities. The requirements of section 201.6 of the Commission disclosing (1) the name and principal place of business of the notifications were filed for the purpose Commission’s Rules of Practice and of invoking the Act’s provisions limiting Procedure (19 CFR 201.6). Section 201.6 standards development organization and (2) the nature and scope of its the recovery of antitrust plaintiffs to of the rules requires that the cover of the actual damages under specified document and the individual pages be standards development activities. The circumstances. clearly marked as to whether they are notifications were filed for the purpose the ‘‘confidential’’ or ‘‘nonconfidential’’ of invoking the Act’s provisions limiting Pursuant to Section 6(b) of the Act, version, and that the CBI be clearly the recovery of antitrust plaintiffs to the name and principal place of identified by means of brackets. All actual damages under specified business of the standards development written submissions, except for CBI, circumstances. organization is: Air Conditioning will be made available in the Office of Pursuant to section 6(b) of the Act, the Contractors of America Educational the Secretary to the Commission for name and principal place of business of Institute, Inc., Arlington, VA. The inspection by interested parties. the standards development organization nature and scope of ACCA–EI’s The Commission may include some or is: 3–A Sanitary Standards, Inc., standards development activities are: all of the CBI it receives in the report it McLean, VA. The nature and scope of The development of standards that sends to the President. However, the 3–A SSI’s standards development promote proper design, correct Commission will not publish CBI in the activities are: The development, equipment selection and installation, public version of the report in a manner maintenance and publishing of energy efficient operation, proper that would reveal the operations of the standards for the sanitary design, maintenance and repair of heating, firm supplying the information. The fabrication, installation and operation of ventilating, air and system balance for public version will be made available to equipment and machinery in the optimal performance or operation of the the public on the Commission’s Internet following areas: Vessels; fillers; valves HVACR systems. The goals of standards site (http://www.usitc.gov). and fittings; pumps and mixers; heat may include requirements for comfort The public record for this exchangers; conveyors and feeders; and well being, design, equipment investigation may be viewed on the instruments; concentrating equipment; installation, and maintenance and repair Commission’s electronic docket (EDIS) farm/raw milk; cheese and butter and may include standards that promote http://edis.usitc.gov. Hearing impaired optimum comfort, safe and efficient individuals may obtain information on equipment; process and cleaning operation at minimal energy utilization, this matter by contacting the systems; plant support systems; performance or operation or Commission’s TDD terminal on 202– materials and materials testing; and 205–1810. Persons with mobility Active Pharmaceutical Ingredients. qualification of personnel. impairments who will need special Additional information may be Additional information concerning assistance in gaining access to the obtained from Timothy R. Rugh, CAE, ACCA–EI can be obtained from Hilary P.

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Atkins, Executive Director of ACCA–EI, 6(a) of the National Cooperative DEPARTMENT OF JUSTICE at (703) 824–8855. Research and Production Act of 1993, Antitrust Division Dorothy B. Fountain, 15 U.S.C. 4301 et seq. (‘‘the Act’’), American Welding Society, Inc. Deputy Director of Operations Antitrust Notice Pursuant to the National Division. (‘‘AWS’’) has filed written notifications Cooperative Research and Production [FR Doc. 04–24565 Filed 11–2–04; 8:45 am] simultaneously with the Attorney Act of 1993—Automotive Glass General and the Federal Trade BILLING CODE 4410–11–M Replacement Safety Standards Council Commission disclosing (1) the name and principal place of business of the Notice is hereby given that, on DEPARTMENT OF JUSTICE standards development organization September 14, 2004, pursuant to section and (2) the nature and scope of its 6(a) of the National Cooperative Antitrust Division standards development activities. The Research and Production Act of 1993, notifications were filed for the purpose 15 U.S.C. 4301 et seq. (‘‘the Act’’), Notice Pursuant to the National of invoking the Act’s provisions limiting Automotive Glass Replacement Safety Cooperative Research and Production Standards Council (‘‘AGRSS’’) has filed the recovery of antitrust plaintiffs to Act of 1993—American Gas notifications simultaneously with the actual damages under specified Association Attorney General and the Federal Trade circumstances. Commission disclosing (1) the name and Notice is hereby given that, on Pursuant to section 6(b) of the Act, the principal place of business of the September 17, 2004, pursuant to section name and principal place of business of standards development organization 6(a) of the National Cooperative the standards development organization and (2) the nature and scope of its Research and Production Act of 1993, is: American Welding Society, Inc., standards development activities. The 15 U.S.C. 4301 et seq. (‘‘the Act’’), Miami, FL. The nature and scope of notifications were filed for the purpose American Gas Association (‘‘AGA’’) has AWS’s standards development activities of invoking the Act’s provisions limiting filed written notifications the recovery of antitrust plaintiffs to simultaneously with the Attorney are: The development, maintenance, and publishing of standards in the areas actual damages under specified General and the Federal Trade circumstances. Commission disclosing (1) the name and of Metric Practices, Definitions & Symbols, Filler Metals & Allied Pursuant to section 6(b) of the Act, the principal place of business of the name and principal place of business of Products, Computerization of Welding standards development organization the standards development organization Information, Instrumentation for and (2) the nature and scope of its is: Automotive Glass Replacement standards development activities. The Welding, Methods of Inspection, Safety Standards Council, Glen Ellyn, notifications were filed for the purpose Welding Qualification, Mechanical IL. The nature and scope of AGRSS’ of involving the Act’s provisions Testing of Welds, Resistance Welding, standards development activities are: To limiting the recovery of antitrust Thermal Spray, Brazing & Soldering, develop, publish and maintain plaintiffs to actual damages under Oxyfuel Gas Welding & Cutting, Arc nationally recognized automotive glass specified circumstances. Welding & Cutting, Friction Welding, replacement safety and related Pursuant to section 6(b) of the Act, the High Energy Beam Welding/Cutting, standards. At a minimum, these name and principal place of business of Structural Welding, Piping & Tubing, standards will address procedures, the standards development organization Welding Iron Castings, Machinery & education and product performance for is: American Gas Association, Equipment, Railroad Welding, Robotics the purpose of enhancing public safety. Washington, DC. The nature and scope & Automatic Welding, Aircraft & Dorothy B. Fountain, of AGA’s standards development Aerospace, Food Processing Equipment, activities are: (1) Installation and Deputy Director of Operations Antitrust Welding in Marine Construction, Division. operation of gas piping and equipment Automotive Welding, Welding of Sheet on customer premises, (2) gas [FR Doc. 04–24564 Filed 11–02–04; 8:45 am] Metal, Joining Plastics & Composites, measurement and metering, (3) gas BILLING CODE 4410–11–M Joining of Metals & Alloys, Personnel & transmission and distribution piping Facilities Qualification and Safety & systems, (4) gas engineering and operating practices, and (5) gas fire Health. DEPARTMENT OF JUSTICE Additional Information may be prevention and safety. Antitrust Division obtained from Andrew Davis, Managing Dorothy B. Fountain, Director of the Technical Services Notice Pursuant to the National Deputy Director of Operations, Antitrust Division of the American Welding Division. Cooperative Research and Production Society, (800) 443–9353. Act of 1993—BDA Administration [FR Doc. 04–24557 Filed 11–2–04; 8:45 am] Corporation D/B/A Blu-ray Disc BILLING CODE 4410–11–M Dorothy B. Fountain, Association Deputy Director of Operations, Antitrust Division. Notice is hereby given that, on DEPARTMENT OF JUSTICE [FR Doc. 04–24559 Filed 11–2–04; 8:45 am] September 20, 2004, pursuant to section BILLING CODE 4410–11–M 6(a) of the National Cooperative Antitrust Division Research and Production Act of 1993, Notice Pursuant to the National 15 U.S.C. 4301 et seq. (‘‘the Act’’), BDA Cooperative Research and Production Administration Corporation D/B/A Blu- Act of 1993—American Welding ray Disc Association (‘‘BDA’’) has filed Society, Inc. written notifications simultaneously with the Attorney General and the Notice is hereby given that, on Federal Trade Commission disclosing September 20, 2004, pursuant to section (1) the name and principal place of

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business of the standards development Institute, Tarrytown, NY. The nature compressed or liquefied form, and a organization and (2) the nature and and scope of CFPMI’s standards range of gas handling equipment. scope of its standards development development activities are: development Dorothy B. Fountain, activities. The notifications were filed and maintenance of the American Deputy Director of Operations Antitrust for the purpose of invoking the Act’s National Standard for Rivet Setting provisions limiting the recovery of Division. Machines. CFPMI is an ANSI accredited [FR Doc. 04–24573 Filed 11–2–04; 8:45 am] antitrust plaintiffs to actual damages Standards Development Organization. under specified circumstances. BILLING CODE 4410–11–M Pursuant to section 6(b) of the Act, the Dorothy B. Fountain, name and principal place of business of Deputy Director of Operations, Antitrust DEPARTMENT OF JUSTICE the standards development organization Division. is: BDA Administration Corporation D/ [FR Doc. 04–24570 Filed 11–2–04; 8:45 am] Antitrust Division B/A Blu-ray Disc Association, Universal BILLING CODE 4410–11–M City, CA. The nature and scope of BDA’s Notice Pursuant to the National standards development activities are: (1) Cooperative Research and Production To establish Blu-ray Disc Formats for DEPARTMENT OF JUSTICE Act of 1993—Consumer Electronics those applications that would be in the Association best interests of consumers and users, Antitrust Division including revisions, improvements and Notice is hereby given that, on enhancements thereto; (2) to organize Notice Pursuant to the National September 16, 2004, pursuant to section activities to verify compliance with the Cooperative Research and Production 6(a) of the National Cooperative Blu-ray Disc Formats, thus enabling the Act of 1993—Compressed Gas Research and Production Act of 1993, board acceptance of the Blu-ray Disc Association, Inc. 15 U.S.C. 4301 et seq. (‘‘the Act’’), Formats; (3) to promote the Blu-ray Disc Consumer Electronics Association Formats for recording, playback, storage Notice is hereby given that, on (‘‘CEA’’) has filed written notifications and distribution of large volume September 17, 2004, pursuant to Section simultaneously with the Attorney content, including high definition 6(a) of the National Cooperative General and the Federal Trade content; and (4) to provide useful Research and Production Act of 1993, Commission disclosing (1) the name and principal place of business of the information to those who are interested 15 U.S.C. 4301 et seq. (‘‘the Act’’), standards development organization in supporting the Blu-ray Disc Formats. Compressed Gas Association, Inc. and (2) the nature and scope of its (‘‘CGA’’) has filed written notifications Dorothy B. Fountain, standards development activities. The Deputy Director of Operations Antitrust simultaneously with the Attorney notifications were filed for the purpose Division. General and the Federal Trade of invoking the Act’s provisions limiting [FR Doc. 04–24563 Filed 11–2–04; 8:45 am] Commission disclosing (1) the name and the recovery of antitrust plaintiffs to BILLING CODE 4410–11–M principal place of business of the actual damages under specified standards development organization circumstances. and (2) the nature and scope of its Pursuant to section 6(b) of the Act, the DEPARTMENT OF JUSTICE standards development activities. The name and principal place of business of Antitrust Division notifications were filed for the purpose the standards development organization of invoking the Act’s provisions were is: Consumer Electronics Association, Notice Pursuant to the National filed for the purpose of invoking the Arlington, VA. The nature and scope of Cooperative Research and Production Act’s provisions limiting the recovery of CEA’s standards development activities Act of 1993—Cold Formed Parts and antitrust plaintiffs to actual damages are: Activities associated with the Machine Institute under specified circumstances. design and manufacture of consumer electronics (‘‘CE’’) products and related Pursuant to Section 6(b) of the Act, Notice is hereby given that, on services, CE device/service and device/ the name and principal place of September 16, 2004, pursuant to section device interoperability and transmission business of the standards development 6(a) of the National Cooperative signals that may traverse the Research and Production Act of 1993, organization is: Compressed Gas demarcation points of 15 U.S.C. 4301 et seq. (‘‘the Act’’), Cold Association, Inc., Chantilly, VA. The telecommunications infrastructures. Formed Parts and Machine Institute nature and scope of CGA’s standards (‘‘CFPMI’’) has filed written development activities are: the Dorothy B. Fountain, notifications simultaneously with the development and promotion of Deputy Director of Operations, Antitrust Attorney General and the Federal Trade standards for safe and environmentally Division. Commission disclosing (1) the name and responsible practices in the industrial [FR Doc. 04–24578 Filed 11–2–04; 8:45 am] principal place of business of the and medical gas industry. More than BILLING CODE 4410–11–M standards development organization 135 CGA member companies worldwide and (2) the nature and scope of its work together through a committee DEPARTMENT OF JUSTICE standards development activities. The system to create technical notifications were filed for the purpose specifications, safety standards, and Antitrust Division of invoking the Act’s provisions limiting training and educational materials for the recovery of antitrust plaintiffs to the manufacture, storage, transportation Notice Pursuant to the National actual damages under specified and distribution of industrial gases, Cooperative Research and Production circumstances. cryogenic liquids, and related products. Act of 1993—DSL Forum Pursuant to section 6(b) of the Act, the name and principal place of business of CGA’s activities encompass industrial, Notice is hereby given that, on the standards development organization medical and specialty gases in September 17, 2004, pursuant to Section is: Cold Formed Parts and Machine 6(a) of the National Cooperative

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Research and Production Act of 1993, notifications were filed for the purpose healthcare information system 15 U.S.C. 4301 et seq. (‘‘the Act’’), DSL of invoking the Act’s provisions limiting interoperability and sharing of Forum (‘‘DSLF’’) has filed written the recovery of antitrust plaintiffs to electronic health records. notifications simultaneously with the actual damages under specified Attorney General and the Federal Trade circumstances. Dorothy B. Fountain, Commission disclosing (1) the name and Pursuant to section 6(b) of the Act, the Deputy Director of Operations, Antitrust principal place of business of the name and principal place of business of Division. standards development organization the standards development organization [FR Doc. 04–24568 Filed 11–2–04; 8:45 am] and (2) the nature and scope of its is: EOS/ESD Association, Inc., Rome, BILLING CODE 4410–11–M standards development activities. The NY. The nature and scope of ESD notifications were filed for the purpose Association’s standards development of invoking the Act’s provisions limiting activities are: The development of test DEPARTMENT OF JUSTICE the recovery of antitrust plaintiffs to methods and guidelines used for the actual damages under specified control of electrical overstress and Antitrust Division circumstances. electrostatic discharge. Pursuant to section 6(b) of the Act, the Additional information concerning Notice Pursuant to the National name and principal place of business of ESD Association’s standards Cooperative Research and Production the standards development organization development activities may be obtained Act of 1993—Institute of Electrical and is: DSL Forum, Fremont, CA. The nature from Tammy Muldoon at (315) 339– Electronics Engineers and scope of DSLF’s standards 6937. development activities are: To support Notice is hereby given that, on Dorothy B. Fountain, the rapid advancement of end-end September 17, 2004, pursuant to section network systems employing DSL in a Deputy Director of Operations, Antitrust Division. 6(a) of the National Cooperative manner that promotes a competitive [FR Doc. 04–24566 Filed 11–2–04; 8:45 am] Research and Production Act of 1993, DSL marketplace. The Corporation’s 15 U.S.C. 4301 et seq. (‘‘the Act’’), the BILLING CODE 4410–11–M activities will include: Promoting global Institute of Electrical and Electronics development of DSL systems Engineers (‘‘IEEE’’) has filed written technology; identifying global DSL DEPARTMENT OF JUSTICE notifications simultaneously with the applications and corresponding Attorney General and the Federal Trade services; providing global educational Antitrust Division Commission disclosing (1) the name and services; promoting nationwide and principal place of business of the worldwide compatibility and Notice Pursuant to the National standards development organization, interoperability; encouraging input to Cooperative Research and Production and (2) the nature and scope of its appropriate national and international Act of 1993—Health Level Seven, Inc. standards bodies; and identifying, standards development activities. The selecting, augmenting as appropriate, Notice is hereby given that, on notifications were filed for the purpose and publishing DSL—centric equipment September 17, 2004, pursuant to section of invoking the Act’s provisions limiting specifications drawn from appropriate 6(a) of the National Cooperative the recovery of antitrust plaintiffs to national and international standards. Research and Production Act of 1993, actual damages under specified 15 U.S.C. 4301 et seq. (‘‘the Act’’), circumstances. Dorothy B. Fountain, Health Level Seven, Inc. (‘‘HL7’’) has Pursuant to section 6(b) of the Act, the Deputy Director of Operations, Antitrust filed written notifications Division. simultaneously with the Attorney name and principal place of business of [FR Doc. 04–24572 Filed 11–2–04; 8:45 am] General and the Federal Trade the standards development organization is: Institute of Electrical and Electronics BILLING CODE 4410–11–M Commission disclosing (1) the name and principal place of business of the Engineers, Piscataway, NJ. The nature standards development organization and scope of IEEE’s standards DEPARTMENT OF JUSTICE and (2) the nature and scope of its development activities are: To develop standards development activities. The consensus standards through an open Antitrust Division notifications were filed for the purpose process that brings diverse parts of the electrical engineering industry together. Notice Pursuant to the National of invoking the Act’s provisions limiting Cooperative Research and Production the recovery of antitrust plaintiffs to Through its portfolio of more than 870 Act of 1993—EOS/ESD Association, actual damages under specified completed standards and over 400 in Inc. circumstances. development, IEEE promotes the Pursuant to section 6(b) of the Act, the electrical engineering process by Notice is hereby given that, on name and principal place of business of creating, developing, integrating, September 10, 2004, pursuant to section the standards development organization sharing and applying knowledge about 6(a) of the National Cooperative is: Health Level Seven, Inc., Ann Arbor, electro- and information technologies Research and Production Act of 1993, MI. The nature and scope of HL7’s and sciences. 15 U.S.C. 4301 et seq. (‘‘the Act’’), EOS/ standards development activities are: To ESD Association, Inc. (‘‘ESD provide a comprehensive framework Dorothy B. Fountain, Association’’) has filed written and related standards for the exchange, Deputy Director of Operations, Antitrust notifications simultaneously with the integration, sharing, and retrieval of Division. Attorney General and the Federal Trade electronic health information that [FR Doc. 04–24561 Filed 11–2–04; 8:45 am] Commission disclosing (1) the name and supports clinical practice and the BILLING CODE 4410–11–M principal place of business of the management, delivery and evaluation of standards development organization health services. Specifically, to create and (2) the nature and scope of its flexible, cost effective standards, standards development activities. The guidelines, and methodologies to enable

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DEPARTMENT OF JUSTICE principal place of business of the purposes of this notice, ‘‘Mobile standards development organization Terminal Devices’’ means mobile Antitrust Division and (2) the nature and scope of its phones (with or without camera standards development activities. The features) and other handheld mobile Notice Pursuant to the National notifications were filed for the purpose devices with image capture or transfer Cooperative Research and Production of invoking the Act’s provisions limiting capabilities and long distance wireless Act of 1993—InterNational Electrical the recovery of antitrust plaintiffs to connectivity; (b) to promote such Testing Association actual damages under specified Deliverables and other solutions Notice is hereby given that, on circumstances. worldwide to ensure that a broad September 17, 2004, pursuant to section Pursuant to section 6(b) of the Act, the spectrum of goods and services that are 6(a) of the National Cooperative name and principal place of business of compliant with the Deliverables is Research and Production Act of 1993, the standards development organization developed; (c) to ensure the compliance 15 U.S.C. 4301 et seq. (‘‘the Act’’), is: Kitchen Cabinet Manufacturers of goods and services with the InterNational Electrical Testing Association, Reston, VA. The nature and Deliverables through the dissemination Association (‘‘NETA’’) has filed written scope of KCMA’s standards and promotion of high-quality and notifications simultaneously with the development activities are: The unambiguous Deliverables; (d) to Attorney General and the Federal Trade development of performance and promote confidence in products Commission disclosing (1) the name and construction standards for kitchen and designed in compliance with the principal place of business of the vanity cabinets and performance Deliverables; (e) to create high customer standards development organization standards for fabricated high pressure awareness of, demand for, and and (2) the nature and scope of its decorative laminate countertops. confidence in products designed in compliance with Deliverables; (f) to standards development activities. The Dorothy B. Fountain, notifications were filed for the purpose create a variety of printed and/or Deputy Director of Operations, Antitrust electronic materials relating to the of invoking the Act’s provisions limiting Division. Deliverables for distribution to members the recovery of antitrust plaintiffs to [FR Doc. 04–24577 Filed 11–2–04; 8:45 am] actual damages under specified and non-members of the Corporation; (g) BILLING CODE 4410–11–M circumstances. to maintain its own Web site; (h) to Pursuant to section 6(b) of the Act, the coordinate marketing activities and name and principal place of business of DEPARTMENT OF JUSTICE create marketing materials relating to the standards development organization the promotion of the Deliverables; (i) to is: InterNational Electrical Testing Antitrust Division establish and maintain formal relations Association, Morrison, CO. The nature with (and, as appropriate, leverage off of and scope of NETA’s standards Notice Pursuant to the National standards developed by) other standard development activities are: To provide Cooperative Research and Production setting consortia to ensure coherence electrical acceptance testing standards Act of 1993—Mobile Imaging and among the Deliverables and and specifications which provide Printing Consortium, Inc. specifications and implementation requirements for the testing of newly guidelines of such other organizations; Notice is hereby given that, on installed electrical equipment and and (j) to undertake such other activities September 17, 2004, pursuant to section systems, and to provide electrical as may from time to time be appropriate 6(a) of the National Cooperative maintenance testing standards and to further the purposes and achieve the Research and Production Act of 1993, specifications which provide goals set forth above. 15 U.S.C. 4301 et seq. (‘‘the Act’’), requirements for the testing of existing Mobile Imaging and Printing Dorothy B. Fountain, electrical facilities. Consortium, Inc. (‘‘MIPC’’) has filed Deputy Director of Operations, Antitrust Dorothy B. Fountain, written notificationssimultaneously Division. Deputy Director of Operations, Antitrust with the Attorney General and the [FR Doc. 04–24571 Filed 11–2–04; 8:45 am] Division. Federal Trade Commission disclosing BILLING CODE 4410–11–M [FR Doc. 04–24562 Filed 11–2–04; 8:45 am] (1) the name and principal place of BILLING CODE 4410–11–M business of the standards development organization and (2) the nature and DEPARTMENT OF JUSTICE scope of its standards development DEPARTMENT OF JUSTICE activities. The notifications were filed Antitrust Division for the purpose of invoking the Act’s Antitrust Division Notice Pursuant to the National provisions limiting the recovery of Cooperative Research and Production Notice Pursuant to the National antitrust plaintiffs to actual damages Act of 1993—Multiservice Switching Cooperative Research and Production under specified circumstances. Forum Pursuant to section 6(b) of the Act, the Act of 1993—Kitchen Cabinet name and principal place of business of Notice is hereby given that, on Manufacturers Association the standards development organization September 20, 2004, pursuant to Section Notice is hereby given that, on is: Mobile Imaging and Printing 6(a) of the National Cooperative September 15, 2004, pursuant to Section Consortium, Inc., Escondido, CA. The Research and Production Act of 1993, 6(a) of the National Cooperative nature and scope of MIPC’s standards 15 U.S.C. 4301 et seq. (‘‘the Act’’), Research and Production Act of 1993, development activities are: (a) To Multiservice Switching Forum (‘‘MSF’’) 15 U.S.C. 4301 et seq. (‘‘the Act’’), promote and support the development filed written notifications Kitchen Cabinet Manufacturers and adoption of implementation simultaneously with the Attorney Association (‘‘KCMA’’) has filed written guidelines relating to the direct printing General and the Federal Trade notifications simultaneously with the of images and other content from Mobile Commission disclosing (1) the name and Attorney General and the Federal Trade Terminal Devices (defined below) to principal place of business of the Commission disclosing (1) the name and home printers (the ‘‘Deliverables’’); for standards development organization

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and (2) the nature and scope of its information and enhancing the efficient Institute, Inc. (‘‘PMMI’’) has filed standards development activities. The operation of their businesses. written notifications simultaneously with the Attorney General and the notifications were filed for the purpose Dorothy B. Fountain, of invoking the Act’s provisions limiting Federal Trade Commission disclosing Deputy Director of Operations, Antitrust the recovery of antitrust plaintiffs to (1) the name and principal place of Division. business of the standards development actual damages under specified [FR Doc. 04–24576 Filed 11–2–04; 8:45 am] circumstances. organization and (2) the nature and BILLING CODE 4410–11–M scope of its standards development Pursuant to section 6(b) of the Act, the activities. The notifications were filed name and principal place of business of for the purpose of invoking the Act’s the standards development organization DEPARTMENT OF JUSTICE provisions limiting the recovery of is Multiservice Switching Forum, Antitrust Division antitrust plaintiffs to actual damages Fremont, CA. The nature and scope of under specified circumstances. MSF’s standards development activities Notice Pursuant to the National Pursuant to section 6(b) of the Act, the are: developing and promoting Cooperative Research and Production name and principal place of business of implementation agreements that allow Act of 1993—North American Energy the standards development organization open-architecture, multiservice Standards Board is: Packaging Machinery Manufacturers switching systems in the Institute, Inc., Arlington, VA. The telecommunications industry. Notice is hereby given that, on nature and scope of PMMI’s standards September 20, 2004, pursuant to section development activities are: Safety Dorothy B. Fountain, 6(a) of the National Cooperative standards with respect to the Deputy Director of Operations, Antitrust Research and Production Act of 1993, construction, care, and use of packaging Division. 15 U.S.C. 4301 et seq. (‘‘the Act’’), North and packaging-related converting [FR Doc. 04–24579 Filed 11–2–04; 8:45 am] American Energy Standards Board machinery. BILLING CODE 4410–11–M (‘‘NAESB’’) has filed written Additional information may be notifications simultaneously with the obtained from Charles F. Hayes, Director Attorney General and the Federal Trade of Technical Services for the Packaging DEPARTMENT OF JUSTICE Commission disclosing (1) the name and Machinery Manufacturers Institute, Inc. principal place of business of the Antitrust Division standards development organization Dorothy B. Fountain, and (2) the nature and scope of its Deputy Director of Operations, Antitrust Notice Pursuant to the National standards development activities. The Division. Cooperative Research and Production notifications were filed for the purpose [FR Doc. 04–24569 Filed 11–2–04; 8:45 am] Act of 1993—National Multi Housing of invoking the Act’s provisions limiting BILLING CODE 4410–11–M Council the recovery of antitrust plaintiffs to actual damages under specified DEPARTMENT OF JUSTICE Notice is hereby given that, on circumstances. September 17, 2004, pursuant to Section Pursuant to section 6(b) of the Act, the Antitrust Division 6(a) of the National Cooperative name and principal place of business of Research and Production Act of 1993, the standards development organization Notice Pursuant to the National 15 U.S.C. 4301 et seq. (‘‘the Act’’), the is: North American Energy Standards Cooperative Research and Production National Multi Housing Council Board, Houston, TX. The nature and Act of 1993—Security Industry (‘‘NMHC’’) has filed written scope of NAESB’s standards Association development activities are: The notifications simultaneously with the Notice is hereby given that, on Attorney General and the Federal Trade development and maintenance of voluntary energy industry standards and September 20, 2004, pursuant to section Commission disclosing (1) the name and model business practices. 6(a) of the National Cooperative principal place of business of the Research and Production Act of 1993, standards development organization Dorothy B. Fountain, 15 U.S.C. 4301 et seq. (‘‘the Act’’), and (2) the nature and scope of its Deputy Director of Operations, Antitrust Security Industry Association (‘‘SIA’’) standards development activities. The Division. has filed written notifications notifications were filed for the purpose [FR Doc. 04–24558 Filed 11–2–04; 8:45 am] simultaneously with the Attorney of invoking the Act’s provisions limiting BILLING CODE 4410–11–M General and the Federal Trade the recovery of antitrust plaintiffs to Commission disclosing (1) the name and actual damages under specified principal place of business of the circumstances. DEPARTMENT OF JUSTICE standards development organization Pursuant to section 6(b) of the Act, the and (2) the nature and scope of its Antitrust Division standards development activities. The name and principal place of business of notifications were filed for the purpose the standards development organization Notice Pursuant to the National of invoking the Act’s provisions limiting is: National Multi Housing Council, Cooperative Research and Production the recovery of antitrust plaintiffs to Washington, DC. The nature and scope Act of 1993—Packaging Machinery Manufacturers Institute, Inc. actual damages under specified of NMHC’s standards development circumstances. activities are: To develop and Notice is hereby given that, on Pursuant to section 6(b) of the Act, the promulgate open and voluntary September 14, 2004, pursuant to section name and principal place of business of standards for the apartment industry, 6(a) of the National Cooperative the standards development organization thereby assisting the members of the Research and Production Act of 1993, is: Security Industry Association, industry and their business partners 15 U.S.C. 4301 et seq. (‘‘the Act’’), the Alexandria, VA. The nature and scope with the electronic exchange of Packaging Machinery Manufacturers of SIA’s standards development

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activities are: Standards for the DEPARTMENT OF JUSTICE 18405 on April 7, 2004, allowing for a manufacturers of electronic security 60-day comment period. equipment, including those activities Antitrust Division The purpose of this notice is to allow related to the design, production, for an additional 30 days for public installation, monitoring, maintenance, Notice Pursuant to the National comment until December 3, 2004. This and other treatments or aspects of Cooperative Research and Production process is conducted in accordance with Act of 1993—World Airline electronic security equipment, 5 CFR 1320.10. Entertainment Association including alarm and non-alarm Written comments and/or suggestions equipment, such as law enforcement Notice if hereby given that, on regarding the items contained in this response and telecommunication September 15, 2004, pursuant to section notice, especially the estimated public signaling utilizing the Public Switched 6(a) of the National Cooperative burden and associated response time, Telephone Network (PSTN). Research and Production Act of 1993, should be directed to the Office of 15 U.S.C. 4301 et seq. (‘‘the Act’’), the Management and Budget, Office of Dorothy B. Fountain, World Airline Entertainment Information and Regulatory Affairs, Deputy Director of Operations, Antitrust Association (‘‘WAEA’’) has filed written Attention Department of Justice Desk Division. notifications simultaneously with the Officer, Washington, DC 20503. [FR Doc. 04–24560 Filed 11–2–04; 8:45 am] Attorney General and the Federal Trade Additionally, comments may be BILLING CODE 4410–11–M Commission disclosing (1) the name and submitted to OMB via facsimile to (202) principal place of business of the 395–5806. Written comments and standards development organization suggestions from the public and affected DEPARTMENT OF JUSTICE and (2) the nature and scope of its agencies concerning the proposed standards development activities. The collection of information are Antitrust Division notifications were filed for the purpose encouraged. Your comments should of invoking the Act’s provisions limiting address one or more of the following Notice Pursuant to the National the recovery of antitrust plaintiffs to four points: Cooperative Research and Production actual damages under specified —Evaluate whether the proposed Act of 1993—The Storage Networking circumstances. collection of information is necessary Industry Association Pursuant to section 6(b) of the Act, the for the proper performance of the name and principal place of business of functions of the agency, including Notice is hereby given that, on the standards development organization whether the information will have September 16, 2004, pursuant to section is: World Airline Entertainment practical utility; 6(a) of the National Cooperative Association, McLean, VA. The nature —Evaluate the accuracy of the Research and Production Act of 1993, and scope of WAEA’s standards agencies estimate of the burden of the 15 U.S.C. 4301 et seq. (‘‘the Act’’), The development activities are: development proposed collection of information, Storage Networking Industry of standards and other technical including the validity of the Association (‘‘SNIA’’) has filed written specifications for in-flight airline methodology and assumptions used; notifications simultaneously with the entertainment and related products. —Enhance the quality, utility, and Attorney General and the Federal Trade clarity of the information to be Commission disclosing (1) the name and Dorothy B. Fountain, collected; and principal place of business of the Deputy Director of Operations Antitrust —Minimize the burden of the Division. standards development organization collection of information on those who and (2) the nature and scope of its [FR Doc. 04–24575 Filed 11–2–04; 8:45 am] are to respond, including through the standards development activities. The BILLING CODE 4410–11–M use of appropriate automated, notifications were filed for the purpose electronic, mechanical, or other technological collection techniques or of invoking the Act provisions limiting DEPARTMENT OF JUSTICE the recovery of antitrust plaintiffs to other forms of information technology, e.g., permitting electronic submission of actual damages under specified Drug Enforcement Administration circumstances. responses. Pursuant to section 6(b) of the Act, the Agency Information Collection Overview of This Information name and principal place of business of Activities: Proposed Collection; Collection Comments Requested the standards development organization (1) Type of Information Collection: is: The Storage Networking Industry ACTION: 30-day notice of information Extension of a currently approved Association, San Francisco, CA. The collection under review: drug collection. nature and scope of SNIA’s standards questionnaire. (2) Title of the Form/Collection: Drug development activities are: Identifying Questionnaire. interoperability issues and developing The Department of Justice (DOJ), Drug (3) Agency form number, if any, and solutions for the interoperability of Enforcement Administration (DEA) has the applicable component of the storage and networking systems and submitted the following information Department sponsoring the collection: technologies; and developing collection request to the Office of Form Number: DEA Form 341. Drug specifications, infrastructure and Management and Budget (OMB) for Enforcement Administration, United proposed standards for storage review and approval in accordance with States Department of Justice. networking systems and technologies. the Paperwork Reduction Act of 1995. (4) Affected public who will be asked The proposed information collection is or required to respond, as well as a brief Dorothy B. Fountain, published to obtain comments from the abstract: Primary: Applicants for Deputy Director of Operations Antitrust public and affected agencies. This employment with the Drug Enforcement Division. proposed information collection was Administration. Other: None. The Drug [FR Doc. 04–24574 Filed 11–2–04; 8:45 am] previously published in the Federal Enforcement Administration has stated, BILLING CODE 4410–11–M Register volume 69, number 67, page as a matter of policy, that a past history

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of illegal drug use may be disqualifying Written comments and suggestions annual burden for this collection is for employment with DEA. This forms from the public and affected agencies 1,222 hours. seeks, directly from applicants for concerning the proposed collection of FOR FURTHER INFORMATION CONTACT: positions with DEA, information information are encouraged. Your Brenda E. Dyer, Department Clearance pertaining to person history of illegal comments should address one or more Officer, United States Department of drug use. of the following four points: Justice, Justice Management Division, (5) An estimate of the total number of —Evaluate whether the proposed Policy and Planning Staff, Patrick Henry respondents and the amount of time collection of information is necessary Building, Suite 1600, 601 D Street NW., estimated for an average respondent to for the proper performance of the Washington, DC 20530. respond/reply: DEA estimates that functions of the agency, including Dated: October 28, 2004. 30,000 respondents will take 5 minutes whether the information will have Brenda E. Dyer, to complete the form. practical utility; (6) An estimate of the total public Department Clearance Officer, Department of —Evaluate the accuracy of the agencies Justice. burden (in hours) associated with the estimate of the burden of the collection: DEA estimates this collection [FR Doc. 04–24487 Filed 11–2–04; 8:45 am] proposed collection of information, BILLING CODE 4410–09–P has a public burden of 2,500 hours. including the validity of the If additional information is required methodology and assumptions used; contact: Brenda E. Dyer, Department —Enhance the quality, utility, and DEPARTMENT OF JUSTICE Clearance Officer, United States clarity of the information to be Department of Justice, Justice collected; and Drug Enforcement Administration Management Division, Policy and —Minimize the burden of the collection Planning Staff, Patrick Henry Building, of information on those who are to Agency Information Collection Suite 1600, 601 D Street NW., respond, including through the use of Activities: Proposed Collection; Washington, DC 20530. appropriate automated, electronic, Comments Requested Dated: October 28, 2004. mechanical, or other technological ACTION: 60-Day Notice of information Brenda E. Dyer, collection techniques or other forms collection under review: Registrants’ of information technology, e.g., Department Clearance Officer, Department of Inventory of Drugs Surrendered—DEA Justice. permitting electronic submission of Form 41. [FR Doc. 04–24486 Filed 11–2–04; 8:45 am] responses. BILLING CODE 4410–09–P Overview of This Information The Department of Justice (DOJ), Drug Collection Enforcement Administration (DEA), has submitted the following information DEPARTMENT OF JUSTICE (1) Type of information collection: collection request to the Office of Extension of a currently approved Management and Budget (OMB) for Drug Enforcement Administration collection. review and approval in accordance with (2) Title of the form/collection: the Paperwork Reduction Act of 1995. Agency Information Collection Application for Permit to Export The proposed information collection is Activities: Proposed Collection; Controlled Substances—DEA Form 161. published to obtain comments from the Comments Requested (3) Agency form number, if any, and public and affected agencies. Comments the applicable component of the ACTION: 60-day notice of information are encouraged and will be accepted for collection under review: application for Department of Justice sponsoring the ‘‘sixty days’’ until January 3, 2005. This permit to export controlled substances— collection: Form Number: DEA Form process is conducted in accordance with DEA Form 161. 161. Office of Diversion Control, Drug 5 CFR 1320.10. Enforcement Administration, If you have comments, especially on The Department of Justice (DOJ), Drug Department of Justice. the estimated public burden or Enforcement Administration (DEA), has (4) Affected public who will be asked associated response time, suggestions, submitted the following information or required to respond, as well as a brief or need a copy of the proposed collection request to the Office of abstract: Primary: Business or other for- information collection instrument with Management and Budget (OMB) for profit. Other: None. Abstract: Title 21 instructions or additional information, review and approval in accordance with CFR 1312.22 requires persons who please contact Patricia M. Good, Chief, the Paperwork Reduction Act of 1995. export controlled substances in Liaison and Policy Section, Office of The proposed information collection is Schedules I and II to obtain a permit Diversion Control, Drug Enforcement published to obtain comments from the from DEA. Information is used to issue Administration, Washington, DC 20537. public and affected agencies. Comments export permits, exercise control over Written comments and suggestions are encouraged and will be accepted for exportation of controlled substances, from the public and affected agencies ‘‘sixty days’’ until January 3, 2005. This and compile data for submission to concerning the proposed collection of process is conducted in accordance with United Nations to comply with treaty information are encouraged. Your 5 CFR 1320.10. requirements. comments should address one or more If you have comments, especially on (5) An estimate of the total number of of the following four points: the estimated public burden or respondents and the amount of time —Evaluate whether the proposed associated response time, suggestions, estimated for an average respondent to collection of information is necessary or need a copy of the proposed respond: DEA estimates that it takes 222 for the proper performance of the information collection instrument with respondents an average of 30 minutes to functions of the agency, including instructions or additional information, respond on an as needed basis, whether the information will have please contact Patricia M. Good, Chief, submitting 2,444 forms annually. practical utility; Liaison and Policy Section, Office of (6) An estimate of the total public —Evaluate the accuracy of the agencies Diversion Control, Drug Enforcement burden (in hours) associated with the estimate of the burden of the Administration, Washington, DC 20537. collection: DEA estimates that the proposed collection of information,

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including the validity of the DEPARTMENT OF LABOR to deteriorating roof conditions. The methodology and assumptions used; petitioner will establish checkpoints —Enhance the quality, utility, and Mine Safety and Health Administration numbers B–CK–10 and B–CK–11 to clarity of the information to be measure the quantity and quality of air collected; and Petitions for Modification at the inlet to the affected aircourse, and —Minimize the burden of the collection The following parties have filed checkpoint number B–CK–12 to of information on those who are to petitions to modify the application of measure the quantity and quality of air respond, including through the use of existing safety standards under section at the outlet from the affected aircourse. appropriate automated, electronic, 101(c) of the Federal Mine Safety and The petitioner states that the mechanical, or other technological Health Act of 1977. checkpoints will be maintained in safe collection techniques or other forms condition at all times; tests for methane of information technology, e.g., 1. Apple Jacks Coal Company, Inc. and the quantity of air at each permitting electronic submission of [Docket No. M–2004–043–C] checkpoint will be determined weekly responses. Apple Jacks Coal Company, Inc., Box by a certified person; and the certified Overview of this information 584, North Tazewell, Virginia 24630 has person will place his/her initials and collection: filed a petition to modify the date in a record book that will be kept (1) Type of Information Collection: application of 30 CFR 75.1710–1 on the surface and made available for Extension of a currently approved (Canopies and cabs; self-propelled inspection by interested persons. The collection. diesel-powered and electric face certified person will also place his/her (2) Title of the Form/Collection: equipment; installation requirements) to initials, and date on a date board at the Registrants’ Inventory of Drugs its Mine No. 3 (MSHA I.D. No. 44– checkpoint sites. The petitioner asserts Surrendered—DEA Form 41. 06939) located in Dickenson County, that the proposed alternative method (3) Agency form number, if any, and Virginia. The petitioner proposes to would provide at least the same the applicable component of the operate self-propelled electric face measure of protection as the existing Department of Justice sponsoring the equipment without canopies in seam standard. collection: Form Number: DEA Form 41. heights of 48 inches or less. The Office of Diversion Control, Drug Request for Comments petitioner asserts that application of the Enforcement Administration, existing standard at the Mine No. 3 will Persons interested in these petitions Department of Justice. are encouraged to submit comments via (4) Affected public who will be asked result in a diminution of safety to the miners. Federal eRulemaking Portal: http:// or required to respond, as well as a brief www.regulations.gov; E-mail: abstract: Primary: Business or other for- 2. Maple Creek Mining, Inc. [email protected]; Fax: (202) 693– profit. Other: Not-for-profit institutions, [Docket No. M–2004–044–C] 9441; or Regular Mail/Hand Delivery/ federal government, state, local or tribal Maple Creek Mining, Inc., 981 Route Courier: Mine Safety and Health government. Abstract: Title 21 CFR Administration, Office of Standards, 1307.21 requires that any registrant 917, Bentleyville, Pennsylvania 15314 has filed a petition to modify the Regulations, and Variances, 1100 desiring to voluntarily dispose of Wilson Boulevard, Room 2350, controlled substances shall list these application of 30 CFR 75.507 (Power connection points) to its High Quality Arlington, Virginia 22209. All controlled substances on DEA Form 41 comments must be postmarked or and submit the form to the nearest DEA Mine (MSHA I.D. No. 36–08375) located in Washington County, Pennsylvania. received in that office on or before office. The DEA Form 41 is used to December 3, 2004. Copies of these account for destroyed controlled The petitioner proposes to use low and medium volt, three phase, alternating petitions are available for inspection at substances, and its use is mandatory. that address. (5) An estimate of the total number of current, non-permissible, submersible respondents and the amount of time pump(s) in return and bleeder entries Dated at Arlington, Virginia this 28th day estimated for an average respondent to and sealed areas, conditioned upon the of October 2004. respond: DEA estimates that 22,000 specific terms and conditions listed in Marvin W. Nichols, Jr., respondents respond annually to this this petition for modification. The Director, Office of Standards, Regulations, collection, averaging 30 minutes per petitioner asserts that the proposed and Variances. response. alternative method would provide at [FR Doc. 04–24523 Filed 11–2–04; 8:45 am] (6) An estimate of the total public least the same measure of protection as BILLING CODE 4510–43–P burden (in hours) associated with the the existing standard; pumps will be collection: DEA estimates the total limited to low or medium voltages; and public burden for this collection to be the pump motor will be maintained NATIONAL AERONAUTICS AND 11,000 hours annually. under water at all times to isolate it SPACE ADMINISTRATION FOR FURTHER INFORMATION CONTACT: from the mine atmosphere. Notice of Information Collection Under Brenda E. Dyer, Department Clearance 3. Consolidation Coal Company Officer, United States Department of OMB Review [Docket No. M–2004–045–C] Justice, Justice Management Division, Consolidation Coal Company, 1800 AGENCY: National Aeronautics and Policy and Planning Staff, Patrick Henry Space Administration (NASA). Building, Suite 1600, 601 D Street, NW., Washington Road, Pittsburgh, [Notice: (04–117)] Washington, DC 20530. Pennsylvania 15241 has filed a petition to modify the application of 30 CFR ACTION: Notice of information collection Dated: October 28, 2004. 75.364(b) (Weekly examination) to its under OMB review. Brenda E. Dyer, Blacksville No. 2 Mine (MSHA I.D. No. Department Clearance Officer, Department of 46–01968) located in Monongalia SUMMARY: The National Aeronautics and Justice. County, West Virginia. The petitioner Space Administration, as part of its [FR Doc. 04–24488 Filed 11–2–04; 8:45 am] proposes to establish checkpoints in continuing effort to reduce paperwork BILLING CODE 4410–09–P certain areas of the return aircourse due and respondent burden, invites the

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general public and other Federal practical utility; (2) the accuracy of Total membership will reflect a agencies to take this opportunity to NASA’s estimate of the burden balanced view. comment on proposed and/or (including hours and cost) of the Duration: Continuing. continuing information collections, as proposed collection of information; (3) Responsible NASA Official: Dr. Terri required by the Paperwork Reduction ways to enhance the quality, utility, and Lomax, Explorations Systems Mission Act of 1995 (Pub. L. 104–13, 44 U.S.C. clarity of the information to be Directorate, Office of Research, National 3506(c)(2)(A)). collected; and (4) ways to minimize the Aeronautics and Space Administration, DATES: All comments should be burden of the collection of information 300 E Street, SW., Washington, DC submitted within 30 calendar days from on respondents, including automated 20546, telephone (202) 358–1418. the date of this publication. collection techniques or the use of other P. Diane Rausch, forms of information technology. ADDRESSES: All comments should be Advisory Committee Management Officer, addressed to Desk Officer for NASA; John W. McManus, National Aeronautics and Space Office of Information and Regulatory Deputy Chief Information Officer. Administration. Affairs; Room 10236; New Executive [FR Doc. 04–24449 Filed 11–2–04; 8:45 am] [FR Doc. 04–24450 Filed 11–2–04; 8:45 am] BILLING CODE 7510–13–P Office Building; Washington, DC 20503. BILLING CODE 7510–13–P FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection NATIONAL AERONAUTICS AND NATIONAL ARCHIVES AND RECORDS instrument(s) and instructions should SPACE ADMINISTRATION ADMINISTRATION be directed to Ms. Kathleen Shaeffer, [Notice (04–118)] Acting NASA Reports Officer, NASA Agency Information Collection Activities: Submission for OMB Headquarters, 300 E Street SW., Mail NASA Advisory Council; Notice of Review; Comment Request Code V, Washington, DC 20546, (202) Establishment Pursuant to the Federal 358–1230, [email protected]. Advisory Committee Act, 5 U.S.C. App AGENCY: National Archives and Records SUPPLEMENTARY INFORMATION: Section 1 et seq Administration (NARA). I. Abstract Agency: National Aeronautics and ACTION: Notice. The National Aeronautics and Space Space Administration (NASA). The SUMMARY: NARA is giving public notice Administration (NASA) is requesting Administrator of the National that the agency has submitted to OMB Office of Management and Budget Aeronautics and Space Administration for approval the information collection approval for a new information has determined that the establishment described in this notice. The public is collection which will be used by NASA of an Exploration Systems Advisory invited to comment on the proposed for the purpose of evaluating and Committee is necessary and in the information collection pursuant to the selecting applicants for the NASA public interest in connection with the Paperwork Reduction Act of 1995. performance of duties imposed upon Science and Technology Scholarship DATES: Written comments must be Program (STSP). The NASA STSP’s NASA by law. This determination submitted to OMB at the address below establishment was authorized by the follows consultation with the on or before December 3, 2004 to be NASA Workforce Flexibility Act of Committee Management Secretariat, assured of consideration. 2004. General Services Administration. Name of Committee: Exploration ADDRESSES: Comments should be II. Method of Collection Systems Advisory Committee. electronically mailed to: Daniel_ [email protected]; or Collection of information will be Purpose and Objective: The Committee will advise NASA faxed to 202–395–5806, Attn: Mr. Daniel entirely through an on line web-based Costello, Desk Officer for NARA. questionnaire in order to minimize Administrator on matters related to FOR FURTHER INFORMATION CONTACT: respondent burden. Exploration Systems. The Committee will draw on the expertise of its Requests for additional information or III. Data members and other sources to provide copies of the proposed information Title: NASA Science and Technology its advice and recommendations to the collection and supporting statement Scholarship Program (STSP) Agency. The Committee will hold should be directed to Tamee Fechhelm Application. meetings and make site visits as at telephone number 301–837–1694 or OMB Number: 2700–XXXX. necessary to accomplish their fax number 301–837–3213. Type of review: New collection. responsibilities. The Committee will SUPPLEMENTARY INFORMATION: Pursuant Affected Public: Individuals or function solely as an advisory board and to the Paperwork Reduction Act of 1995 households. will comply fully with the provisions of (Pub. L. 104–13), NARA invites the Estimated Number of Respondents: the Federal Advisory Committee Act. general public and other Federal 2,500. Balanced Membership Plans: The agencies to comment on proposed Estimated Time Per Response: 1.5 Committee will consist of non-NASA information collections. NARA hours. employees. In addition, there may be published a notice of proposed Estimated Total Annual Burden associated members selected for collection for this information collection Hours: 3,750. Committee, Subcommittees or Panels. on August 17, 2004 (69 FR 51109). No Estimated Total Annual Cost: $0. The Committee may also request comments were received. NARA has appointment of consultants to support submitted the described information IV. Request for Comments specific tasks. Members of the collection to OMB for approval. Comments are invited on: (1) Whether Committee, Subcommittee and Panels In response to this notice, comments the proposed collection of information will be chosen from among industry, and suggestions should address one or is necessary for the proper performance academia, and government with more of the following points: (a) of the functions of NASA, including recognized knowledge and expertise in Whether the proposed information whether the information collected has fields relevant to Exploration Systems. collection is necessary for the proper

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performance of the functions of NARA; of certain Federal agency requests for schedules provide for the timely transfer (b) the accuracy of NARA’s estimate of records disposition authority (records into the National Archives of the burden of the proposed information schedules). Once approved by NARA, historically valuable records and collection; (c) ways to enhance the records schedules provide mandatory authorize the disposal of all other quality, utility, and clarity of the instructions on what happens to records records after the agency no longer needs information to be collected; and (d) when no longer needed for current them to conduct its business. Some ways to minimize the burden of the Government business. They authorize schedules are comprehensive and cover collection of information on the preservation of records of all the records of an agency or one of its respondents, including the use of continuing value in the National major subdivisions. Most schedules, Archives of the United States and the information technology. In this notice, however, cover records of only one destruction, after a specified period, of NARA is soliciting comments office or program or a few series of records lacking administrative, legal, concerning the following information records. Many of these update collection: research, or other value. Notice is previously approved schedules, and Title: National Archives Experience— published for records schedules in Visitors Survey. which agencies propose to destroy some include records proposed as OMB number: 3095–00XX. records not previously authorized for permanent. Agency form number: N/A. disposal or reduce the retention period No Federal records are authorized for Type of review: Regular. of records already authorized for destruction without the approval of the Affected public: Individuals who visit disposal. NARA invites public Archivist of the United States. This the National Archives Experience in comments on such records schedules, as approval is granted only after a Washington, DC. required by 44 U.S.C. 3303a(a). thorough consideration of their Estimated number of respondents: DATES: Requests for copies must be administrative use by the agency of 4,200. received in writing on or before origin, the rights of the Government and Estimated time per response: 10 December 20, 2004. Once the appraisal of private persons directly affected by minutes. of the records is completed, NARA will the Government’s activities, and Frequency of response: On occasion send a copy of the schedule. NARA staff (when an individual visits the National whether or not they have historical or usually prepare appraisal other value. Archives Experience in Washington, memorandums that contain additional DC). information concerning the records Besides identifying the Federal Estimated total annual burden hours: covered by a proposed schedule. These, agencies and any subdivisions 700 hours. too, may be requested and will be requesting disposition authority, this Abstract: The information collection provided once the appraisal is public notice lists the organizational is prescribed by EO 12862 issued completed. Requesters will be given 30 unit(s) accumulating the records or September 11, 1993, which requires days to submit comments. indicates agency-wide applicability in Federal agencies to survey their ADDRESSES: You may request a copy of the case of schedules that cover records customers concerning customer service. any records schedule identified in this that may be accumulated throughout an The general purpose of this voluntary notice by contacting the Life Cycle agency. This notice provides the control data collection is to (1) provide baseline Management Division (NWML) using number assigned to each schedule, the data concerning the effectiveness of the one of the following means: total number of schedule items, and the National Archives Experience and its Mail: NARA (NWML), 8601 Adelphi number of temporary items (the records several venues in enhancing visitors’ Road, College Park, MD 20740–6001. proposed for destruction). It also understanding that records matter, (2) E-mail: [email protected]. includes a brief description of the measure customer satisfaction with the Fax: 301–837–3698. NAE, and (3) identify additional temporary records. The records Requesters must cite the control schedule itself contains a full opportunities for improving the number, which appears in parentheses description of the records at the file unit customers’ experience. after the name of the agency that level as well as their disposition. If submitted the schedule, and must Dated: October 28, 2004. NARA staff has prepared an appraisal L. Reynolds Cahoon, provide a mailing address. Those who desire appraisal reports should so memorandum for the schedule, it too Assistant Archivist for Human Resources and includes information about the records. Information Services. indicate in their request. Further information about the FOR FURTHER INFORMATION CONTACT: Paul [FR Doc. 04–24441 Filed 11–2–04; 8:45 am] disposition process is available on BILLING CODE 7515–01–P M. Wester, Jr., Director, Life Cycle Management Division (NWML), request. National Archives and Records Schedules Pending NATIONAL ARCHIVES AND RECORDS Administration, 8601 Adelphi Road, ADMINISTRATION College Park, MD 20740–6001. 1. National Archives and Records Telephone: (301) 837–3120. E-mail: Administration, Government-wide (N1– Records Schedules; Availability and [email protected]. GRS–04–05, 1 item, 1 temporary item). Request for Comments SUPPLEMENTARY INFORMATION: Each year Revision to General Record Schedule AGENCY: National Archives and Records Federal agencies create billions of 23, Item 7, which covers records of short Administration (NARA). records on paper, film, magnetic tape, term interest (including e-mail messages) which have minimal or no ACTION: Notice of availability of and other media. To control this proposed records schedules; request for accumulation, agency records managers documentary or evidential value. The comments. prepare schedules proposing retention revisions reduce the retention period of periods for records and submit these these records, which were previously SUMMARY: The National Archives and schedules for NARA’s approval, using approved for disposal, and also clarify Records Administration (NARA) the Standard Form (SF) 115, Request for the series description. publishes notices at least once monthly Records Disposition Authority. These

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Dated: October 28, 2004. programs includes: Research Comments: Comments are invited on Michael J. Kurtz, Experiences for Undergraduates (REU), (a) whether the proposed collection of Assistant Archivist for Records Services— both the Site and Supplement information is necessary for the proper Washington, DC. components; Research in Undergraduate performance of the functions of the [FR Doc. 04–24501 Filed 11–2–04; 8:45 am] Institutions (RUI); the undergraduate Agency, including whether the BILLING CODE 7515–01–P research components in several of NSF’s information shall have practical utility; large research centers programs, e.g., (b) the accuracy of the Agency’s Engineering Research Centers (ERC) estimate of the burden of the proposed NATIONAL SCIENCE FOUNDATION Programs, Science and Technology collection of information; (c) ways to Centers (STCs); and several institution- enhance the quality, utility, and clarity Notice of Intent To Seek Approval to wide resources development programs of the information on respondents; and Revise and Extend an Information in which undergraduate research (d) ways to minimize the burden of the Collection experiences are often one component. collection of information on those who These Programs provide a wide range are to respond. AGENCY: National Science Foundation. of US undergraduate students with Dated: October 29, 2004. opportunities to conduct hands-on ACTION: Notice and request for Suzanne H. Plimpton, comments. research under the mentorship of graduate students, postdoctoral fellows, Reports Clearance Officer, National Science Foundation. SUMMARY: The National Science and faculty in various types of higher Foundation (NSF) is announcing plans education institutions, including small [FR Doc. 04–24533 Filed 11–2–04; 8:45 am] to request clearance of this collection. In liberal arts colleges, minority-serving BILLING CODE 7555–01–M accordance with the requirement of institutions, research universities, as section 3506(c)(2)(A) of the Paperwork well as non-profit institutions in which Reduction Act of 1995 (Pub. L. 104–13), science or engineering research is NUCLEAR REGULATORY we are providing opportunity for public conducted. COMMISSION comment on this action. After obtaining The purpose of the proposed [Docket Nos. 50–498 and 50–499] and considering public comment, NSF evaluation is to follow-up on will prepare the submission requesting undergraduate participants in research STP Nuclear Operating Company; that OMB approve clearance of this experiences supported by NSF who South Texas Project, Unit No. 1 and 2; collection for no longer than 1 year. were surveyed in 2003. The 2003 survey Exemption DATES: collected information about why Written comments on this notice 1.0 Background must be received by January 3, 2005, to participants chose to participate in be assured of consideration. Comments research, the nature of the research The STP Nuclear Operating Company received after that date will be activities, effects of research on (STPNOC or the licensee) is the holder considered to the extent practicable. participants knowledge, skills, of Facility Operating License Nos. NPF– 76 and NPF–80, which authorize FOR FURTHER INFORMATION CONTACT: confidence, awareness, and academic operation of South Texas Project (STP), Contact Suzanne H. Plimpton, Reports and career interests and aspirations. The Units 1 and 2, respectively. The licenses Clearance Officer, National Science proposed survey will provide provide, among other things, that the Foundation, 4201 Wilson Boulevard, information about participants’ current facility is subject to all rules, Suite 295, Arlington, VA 22230; academic and employment status (in regulations, and orders of the Nuclear telephone (703) 292–7556; or send e- 2003, most of the respondents were in Regulatory Commission (NRC, the mail to [email protected]. Individuals their senior year of college) and participants’ current perceptions of the Commission) now or hereafter in effect. who use a telecommunications device The facility consists of two for the deaf (TDD) may call the Federal effects of their undergraduate research experiences on their career and pressurized water reactors located in Information Relay Service (FIRS) at 1 Matagorda County, Texas. (800) 877–8339 between 8 a.m. and 8 academic decisions. The survey p.m., Eastern time, Monday through database will be linked to that of the 2.0 Request/Action 2003 survey to assess differences on a Friday. You also may obtain a copy of Title 10 of the Code of Federal number of dimensions, including NSF the data collection instrument and Regulations (10 CFR) part 50, section program, academic major, type of instructions from Ms. Plimpton. 50.44, specifies requirements for the academic institution, and sex and race/ SUPPLEMENTARY INFORMATION: control of hydrogen gas generated after ethnicity of the participant. Title of Collection: Follow-up Use of the information: NSF and a postulated loss-of-coolant accident Research on Undergraduate Research others who design undergraduate (LOCA). Section 50.46 of 10 CFR Opportunities (URO–2). research programs will be able to use contains acceptance criteria for the OMB Number: 3145–0121. emergency core cooling system (ECCS) the information to help design programs TM Expiration Date of Approval: April 30, that meet the needs of different kinds of for reactors with zircaloy or ZIRLO 2006. students in different kinds of settings. clad fuel. Appendix K to 10 CFR part 50 Type of request: Intent to seek Estimate of Burden: Public reporting requires, among other things, that the approval to revise and extend an burden for this collection of information Baker-Just equation be used to predict information collection for one year. is estimated to average 30 minutes per the rates of energy release, hydrogen Abstract: Follow-up Research on response. concentration, and cladding oxidation Undergraduate Research Opportunities Respondents: Individuals. from the metal-water reaction. Of these (URO–2). Estimated Number of Respondents: three regulations (10 CFR 50.44, 50.46, Proposed Project: The National 2900. and Appendix K to 10 CFR part 50), 10 Science Foundation (NSF) manages a Estimated Total Annual Burden on CFR 50.44 is the only one that has number of programs that provide Respondents: 1450 hours—2900 undergone considerable changes relative meaningful research experiences for respondents at 30 minutes each. to its previous version, changes that undergraduate students. This suite of Frequency of response: One time. became effective on January 1, 2004.

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Prior to that date, 10 CFR 50.44 3.0 Discussion parameters will include rod specified requirements for the control of The staff has previously reviewed profilometry, rod wear, assembly and hydrogen gas generated after a exemption requests for LTA programs rod growth, assembly bow, grid cell postulated LOCA for reactors with comprised of fuel with Optimized dimensions, and oxide thickness. As a zircaloy or ZIRLOTM clad fuel. The new ZIRLOTM cladding material result of these post-irradiation regulation in 10 CFR 50.44 no longer manufactured by Westinghouse Electric examinations, any negative aspects of TM identifies zircaloy or ZIRLOTM as Company (Westinghouse). Exemptions the Optimized ZIRLO performance, requisite fuel cladding, nor does it from 10 CFR 50.46 and Appendix K to including the potential impacts of identify the LOCA or 10 CFR 50.46 as 10 CFR part 50 for use of Optimized reduced tin content identified above, bases. Because the intent of this ZIRLOTM have been issued by the NRC will be identified and resolved. exemption request relates solely to the staff for Millstone, Unit 3 (Reference 4)4, Furthermore, significant deviations from specific types of cladding material Catawba Station (Reference 5)5, and model predictions will be reconciled. specified in these regulations, no Calvert Cliffs, Unit 2 (Reference 6)6. The fuel rod burnup and fuel duty experienced by the Optimized ZIRLOTM exemption is needed from the 3.1 Material Evaluation LTAs in STP, Units 1 and 2, will remain requirements of 10 CFR 50.44. As well within the operating experience written, zircaloy or ZIRLOTM cladding 3.1.1 Fuel Mechanical Design base and applicable licensed limits for continues to be the requisite fuel Tin is a solid solution strengthener ZIRLOTM. cladding that is explicitly identified in and a-phase stabilizer present entirely Utilizing currently approved fuel 10 CFR 50.46 and Appendix K to 10 in the base a-phase zirconium performance and fuel mechanical design CFR part 50. Therefore, an exemption crystalline structure. Potential impacts models and methods, the STP, Units 1 from the requirements of 10 CFR 50.46 of a reduced tin content on material and 2, and Westinghouse will perform and Appendix K to 10 CFR part 50 is properties include (1) a reduced tensile cycle-specific reload evaluations to needed in order to irradiate up to eight strength, (2) an increased thermal creep ensure that the Optimized ZIRLOTM lead test assemblies (LTAs) comprised rate, (3) an increased irradiation growth LTAs satisfy design criteria. of low tin (Optimized) ZIRLOTM at the rate, (4) a reduced a↔a+b phase Based upon the irradiation experience STP, Units 1 and/or 2. transition temperature, and (5) an of LTAs with ZIRLOTM of a similar low In summary, in a letter dated May 27, improved corrosion resistance. The tin content, expected performance due 2004 (Reference 1)1, as supplemented by slight reduction in tin content will not to similar material properties, and an letter dated August 23, 2004 (Reference affect the size, shape, or distribution of extensive LTA post-irradiation 2)2, STPNOC requested an exemption any second phase or inter-metallic examination program aimed at precipitates nor the overall qualifying model predictions, the NRC from 10 CFR 50.44, ‘‘Standards for TM Combustible Gas Control System in microstructure of this developmental staff finds the Optimized ZIRLO LTA mechanical design acceptable for STP, Light-Water-Cooled Power Reactors‘‘; 10 zirconium alloy. With a consistent TM Units 1 and 2. CFR 50.46, ‘‘Acceptance Criteria for microstructure, Optimized ZIRLO Emergency Core Cooling Systems for will exhibit material characteristics very 3.1.2 Core Physics and Non-LOCA similar to that of ZIRLOTM. Light-Water Nuclear Power Reactors’’; Safety Analysis In Reference 2, the licensee provided and Appendix K to 10 CFR part 50, information concerning their post- The STP, Units 1 and 2, exemption ‘‘ECCS Evaluation Models,’’ which irradiation examination plan. In request relates solely to the specific would allow irradiation of up to eight Reference 2, the licensee stated that types of cladding material specified in LTAs containing fuel rods, guide tubes, their plan would be consistent with the regulations. Due to similar material and instrumentation tubes fabricated those of the other Optimized ZIRLOTM properties, any impact of Optimized TM with Optimized ZIRLO . Optimized irradiation programs currently ZIRLOTM on the safety analysis models TM ZIRLO is not within the licensing underway. As with the post-irradiation and methods is expected to be minimal. TM basis of the approved ZIRLO as examinations involved in the other Utilizing currently approved core described in WCAP–12610–P–A irradiation programs, the detailed physics, core thermal-hydraulics, and (Reference 3)3 for STP, Units 1 and 2. examinations in the licensee’s non-LOCA safety analysis models and Irradiation of up to eight Optimized Optimized ZIRLOTM irradiation program methods, the licensee and Westinghouse ZIRLOTM LTAs in STP Units 1 and/or 2 will be based on the fuel duty, cycle will perform cycle-specific reload will provide data on fuel and material performance, need for specific evaluations to ensure that the LTAs performance to support future licensing information, and time available on site satisfy design criteria. Fuel management activities. during refueling outages. The measured guidelines will require that LTAs be placed in non-limiting core locations. In 1 Letter from T.J. Jordan (South Texas) to U.S. 4 Letter from U.S. Nuclear Regulatory Reference 2, the licensee described how Nuclear Regulatory Commission, ‘‘The South Texas Commission to D.A. Christian (Dominion), the power peaking margin would be Project, Units 1 and 2 Request for Exemption ‘‘Millstone Power Station, Unit No. 3, Exemption used to ensure that LTAs will not be Pursuant to 10 CFR 50.12 Exemption to the Fuel from the Requirements of Title 10 of the Code of Cladding Material Specified in 10 CFR 50.44, 10 Federal Regulations (10 CFR) Part 50.44, 10 CFR limiting. CFR 50.46, and 10 CFR 50 Appendix K,’’ Docket 50.46, and 10 CFR part 50, Appendix K,’’ Docket Based upon the use of approved Nos. STN 50–498 and STN 50–499, May 27, 2004, No. 50–423, February 11, 2004, ADAMS Accession models and methods, expected material ADAMS Accession No. ML041590200. No. ML040070238. performance, and the placement of 2 Letter from T.J. Jordan (South Texas) to U.S. 5 Letter from U.S. Nuclear Regulatory LTAs in non-limiting core locations, the Nuclear Regulatory Commission, ‘‘The South Texas Commission to D.M. Jamil (Duke), ‘‘Catawba Project, Units 1 and 2 Response to Request for Nuclear Station, Units 1 and 2 RE: Exemption from NRC staff finds that the irradiation of up Additional Information Regarding Exemption to the Requirements of 10 CFR 50.44, 10 CFR 50.46, to eight Optimized ZIRLOTM LTAs in Use a Low Tin Cladding,’’ Docket Nos. STN 50–498 and 10 CFR 50 Appendix K,’’ August 4, 2003, STP, Units 1 and 2, will not result in and STN 50–499, August 23, 2004, ADAMS ADAMS Accession No. ML032060473. unsafe operation nor violation of Accession No. ML042430272. 6 Letter from U.S. Nuclear Regulatory 3 Westinghouse Electric Company Topical Report, Commission to P.E. Katz (Constellation), ‘‘Calvert specified acceptable fuel design limits. WCAP–12610–P–A, ‘‘VANTAGE+ Fuel Assembly Cliffs Nuclear Power Plant, Unit No. 2,’’ December Furthermore, in the event of a design- Reference Core Report,’’ April 1995. 3, 2002, ADAMS Accession No. ML022540002. basis accident, these LTAs will not

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promote consequences beyond those achieve the underlying purpose of the Optimized ZIRLOTM cladding will be placed currently analyzed. regulation. in non-limiting core locations. Therefore, this Based upon the results of metal-water exemption will not pose an undue risk to 3.2 ECCS Performance and reaction tests and ring-compression public health and safety. Exemptions tests, which ensure the applicability of The NRC staff has evaluated these Pursuant to 10 CFR 50.12, the ECCS models and acceptance criteria considerations as set forth in Section 3.1 Commission may, upon application by and the use of approved LOCA models and 3.2 of this Exemption. For the any interested person or own initiative, to ensure that the Optimized ZIRLOTM reasons set forth in Sections 3.1 and 3.2, grant exemptions from the requirements LTAs satisfy 10 CFR 50.46 acceptance the NRC staff concludes that Optimized of 10 CFR part 50 when (1) the criteria, the NRC staff finds it acceptable ZIRLOTM may be used as a cladding exemptions are authorized by law, will to grant an exemption from the material for up to eight LTAs to be not present an undue risk to public requirements of 10 CFR 50.46 and placed in non-limiting core locations in health or safety, and are consistent with Appendix K to 10 CFR part 50 for the STP, Units 1 and 2, and that an the common defense and security; and use of up to eight LTAs in STP, Units exemption from the requirements of 10 (2) special circumstances are present. 1 and 2. CFR 50.46 and 10 CFR part 50, Special circumstances are present if Appendix K, does not pose an undue 3.3 Special Circumstances application of the regulation in the risk to the public health and safety. particular circumstances would not In summary, the NRC staff has (3) The common defense and security serve the underlying purpose of the reviewed the licensee’s request for an are not affected and, therefore, not rule, or is not necessary to achieve the exemption to allow up to eight LTAs endangered by this exemption. underlying purpose of the rule. containing fuel rods, guide thimble The underlying purpose of 10 CFR tubes, and instrumentation tubes 4.0 Conclusion 50.46 is to establish acceptance criteria fabricated with Optimized ZIRLOTM to Accordingly, the Commission has for ECCS performance. In Addendum 1 be used in STP, Units 1 and 2. Based on determined that, pursuant to 10 CFR to WCAP–12610–P–A (Reference 7)7, the NRC staff’s evaluation, as set forth 50.12(a), the exemption is authorized by Westinghouse demonstrates that the above, the NRC staff considers that law, will not present an undue risk to material properties of Optimized granting the proposed exemption will the public health and safety, and is ZIRLOTM are similar to those of the not defeat the underlying purpose of 10 consistent with the common defense currently approved ZIRLOTM cladding CFR 50.46, or Appendix K to 10 CFR and security. Also, special and that the ECCS acceptance criteria part 50. Accordingly, special circumstances are present. Therefore, for ZIRLOTM clad fuel are also circumstances, are present pursuant to the Commission hereby grants STPNOC applicable to fuel with Optimized 10 CFR 50.12(a)(2)(ii). an exemption from the requirements of ZIRLOTM cladding. Ring compression 10 CFR part 50, Appendix K and 3.4 Other Standards in 10 CFR 50.12 tests performed by Westinghouse on Section 50.46, for the use of up to eight Optimized ZIRLOTM demonstrate an The NRC staff reviewed information LTAs containing Optimized ZIRLOTM in acceptable retention of ductility up to provided by the licensee in References STP, Units 1 and 2, up to a lead rod 10 CFR 50.46 limits of 2200 °F peak 1 and 2 to support the exemption average burnup of 62,000 megawatt days cladding temperature and 17 percent request, and concluded that the use of per metric ton of uranium. total oxidation. Utilizing currently Optimized ZIRLOTM would satisfy 10 Pursuant to 10 CFR 51.32, the approved LOCA models and methods, CFR 50.12(a) as follows: Commission has determined that the Westinghouse will perform cycle- (1) The requested exemption is granting of this exemption will not have specific reload evaluations to ensure authorized by law: a significant effect on the quality of the that the Optimized ZIRLOTM LTAs No law precludes the activities human environment (69 FR 45352). satisfy 10 CFR 50.46 acceptance criteria. covered by this exemption request. The This exemption is effective upon Paragraph I.A.5 of Appendix K to 10 Commission, based on technical reasons issuance. CFR part 50 states that the rates of set forth in rulemaking records, For the Nuclear Regulatory Commission. specified the specific cladding materials energy, hydrogen concentration, and Ledyard B. Marsh, cladding oxidation from the metal-water identified in 10 CFR 50.46 and 10 CFR part 50, Appendix K. Cladding materials Director, Division of Licensing Project reaction shall be calculated using the Management, Office of Nuclear Reactor Baker-Just equation. Since the Baker- are not specified by statute. Regulation. Just equation presumes the use of (2) The requested exemption does not present an undue risk to the public [FR Doc. 04–24493 Filed 11–2–04; 8:45 am] zircaloy clad fuel, strict application of BILLING CODE 7590–01–P the rule would not permit use of the health and safety. As stated by the equation for the Optimized ZIRLOTM licensee in Reference 1: LTA cladding for determining The lead test assembly safety evaluation NUCLEAR REGULATORY acceptable fuel performance. Metal- will ensure that these acceptance criteria are COMMISSION water reaction tests performed by met following insertion of the assemblies Westinghouse on Optimized ZIRLOTM containing Optimized ZIRLOTM material. Draft Appendix C (DG–1138) to TM (documented in Appendix B of Fuel assemblies using Optimized ZIRLO Regulatory Guide 1.200, ‘‘An Approach Addendum 1 to WCAP–12610–P–A) cladding will be evaluated using NRC- for Determining the Technical approved analytical methods and will demonstrate conservative reaction rates address the changes in the cladding material Adequacy of Probabilistic Risk relative to the Baker-Just equation. properties. The safety analysis for the South Assessment Results for Risk-Informed Thus, application of Appendix K, Texas Project is supported by the applicable Activities,’’ Workshop Paragraph I.A.5, in these circumstances, technical specifications. The South Texas The U.S. Nuclear Regulatory is not necessary for the licensee to Project reload cores containing Optimized ZIRLOTM cladding will continue to be Commission (NRC) has issued draft 7 Westinghouse Electric Company Topical Report, operated in accordance with the operating Appendix C, ‘‘NRC Staff Position on Addendum 1 to WCAP–12610–P–A and CENPD– limits specified in the technical ANS External Hazards PRA Standard’’ 404–P–A, ‘‘Optimized ZIRLO’’, February 2003. specifications. Lead test assemblies using in August 2004. This Appendix will be

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part of Regulatory Guide 1.200, ‘‘An The ANS Standard interprets the use Nuclear Regulatory Research addressing Approach for Determining the Technical of supporting requirements that cut the use of non-PRA methods in risk- Adequacy of Probabilistic Risk across capability categories in a informed decision-making. Is this an Assessment Results for Risk-Informed different manner from the ASME appropriate strategy? Activities’’ which was issued for trial Standard (see discussion in Section 1.4 For information about the draft use. The Appendix C was issued for of the ANS Standard). In the ASME Appendix C and the workshop, contact public comment on August 31, 2004, Standard, a requirement that is the same Mr. A. Singh at (301) 415–0250; e-mail and is available under ADAMS for more than one capability category, is [email protected]. Accession Number ML042430314. to be interpreted as a pass/no-pass Although a time limit is given for Revision 1 to RG 1.200, which will requirement with no requirement to comments on this draft Appendix C, include a final draft Appendix C, will be allocate a capability category. comments and suggestions in issued next year for public comment. The organization of the ANS connection with items for inclusion in Regulatory Guides (RGs) are developed Standard is different from that of the guides, currently being developed, or to describe and make available to the ASME Standard. In the ASME Standard improvements in all published guides, public such information as methods the applications chapter is Chapter 3, are encouraged at any time. whereas in the ANS Standard it is acceptable to the NRC staff for Authority: (5 U.S.C. 552(a)). implementing specific parts of the Chapter 6. NRC’s regulations, techniques used by Some definitions are not consistent Dated at Rockville, Maryland, this 26th day with those in the ASME Standard. of October 2004. the staff in evaluating specific problems • or postulated accidents, and data The staff considers the use of For the Nuclear Regulatory Commission. needed by the staff in its review of explanatory notes is helpful in Charles E. Ader, applications for permits and licenses. principle. However, several of the notes Director, Division of Risk Analysis and contain what the staff interprets as This draft Appendix C is being Applications, Office of Nuclear Regulatory requirements (see example, SR WIND– Research. developed to provide the staff’s A1). preliminary position on the American • The staff has identified several Public Workshop on Draft Appendix C Nuclear Society, (ANS) Standard, missing supporting requirements. These ‘‘NRC Staff Regulatory Position on ANS External-Events Probabilistic Risk include, for each of the hazards, External Hazards PRA Standard’’ to Assessment (PRA) Methodology. This requirements to identify the Structures Regulatory Guide 1.200 for Trial Use draft Appendix C has not received Systems and Components (SSCs) that ‘‘An Approach for Determining the complete staff approval and does not are critical to plant safety, SSCs that are Technical Adequacy of Probabalistic represent an official NRC staff position. vulnerable to the hazard being Risk Assessment Results for Risk It is the NRC’s intent to update evaluated, identification of specific Informed Activities’’ Appendix C when a revised ANS failure modes, and identification of the November 9, 2004—10 a.m.–3 p.m. standard on external events is modification of PRA logic to model Room O–4B6 published. Therefore, if a revision of the these failures. current ANS standard impacts the staff In addition to these general issues, Preliminary Agenda position, this Appendix C will be there are two specific issues on which 10 a.m.–10:15 a.m. revised. the staff requests comment. Introduction—NRC The NRC will conduct a workshop on • Section 3.4 of the ANS Standard 10:15 a.m.–10:30 a.m. November 9, 2004, to be held in room addresses screening of external hazards. Overview of Appendix C—NRC O4B6 at NRC headquarters, 11545 In Section 3.4.2, three fundamental (sic) 10:30 a.m.–11 a.m. Rockville Pike, Rockville, Maryland. quantitative screening criteria are Overall, general staff’s response to The purpose of the workshop is to introduced, that focus on core damage public comments facilitate the comment process. In the frequency (CDF). The last paragraph 11 a.m.–12 Noon workshop, the staff will discuss the recognizes that large early release Detailed discussion on specific staff’s response to the public comments frequency (LERF) should also be Comments received and the basis for the staff’s considered in the screening but does not 12 Noon–1 p.m. position, and answer questions. A suggest additional requirements. One LUNCH preliminary agenda is attached. The approach is to lower the numerical 1 p.m.–2 p.m. staff is also requesting comments on the criteria (e.g., in REQ.EXT–C1) to result Detailed discussion (cont’d) following general issues and two in screening at a CDF of 1E–07 rather 2 p.m.–2:45 p.m. specific issues. The general issues are: than 1E–06. Is this an acceptable Open Discussion • The intent was that the ANS approach, or are there alternative 2:45 p.m.–3 p.m. standard be seamless with the American approaches based on a more qualitative Wrap-up Society of Mechanical Engineers approach dealing with the releases? 3 p.m. (ASME) PRA standard for internal • Appendix D in the ANS Standard is ADJOURN events. However, this has not been a nonmandatory appendix that provides [FR Doc. 04–24494 Filed 11–2–04; 8:45 am] achieved for the following reasons: guidance on uses of a seismic margins In the ASME Standard, the word assessment with enhancements. The BILLING CODE 7590–01–P ‘‘shall’’ is only used in high level seismic margin approach, while can be requirements, and permissive words used for certain applications, is not a such as ‘‘should’’ or ‘‘may’’ are not used PRA. Since this standard is providing SECURITIES AND EXCHANGE in any requirements. The ANS Standard requirements for an external events COMMISSION on external-events uses permissive PRA, the staff takes objection to this Proposed Collection; Comment words in both high level and supporting appendix. The staff believes the Request requirements. Permissive words are not appropriate place to provide its position to be used because they cannot be used on this appendix would be in the Upon written request, copies available to define a minimum requirement. NUREG being prepared by the Office of from: Securities and Exchange

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Commission, Office of Filings and SECURITIES AND EXCHANGE FOR FURTHER INFORMATION CONTACT: Information Services,Washington, DC COMMISSION Deepak T. Pai, Senior Counsel, at (202) 20549. 942–0574, or Annette Capretta, Branch [Release No. IC–26645; File No. 812–13046] Extension: Form CB, OMB Control No. 3235– Chief, at (202) 942–0564 (Division of 0518, SEC File No. 270–457 Asset Alliance Advisors, Inc. et al.; Investment Management, Office of Notice of Application and Temporary Investment Company Regulation). Notice is hereby given that pursuant Order SUPPLEMENTARY INFORMATION: The to the Paperwork Reduction Act of 1995 following is a summary of the (44 U.S.C. 3501 et seq.) the Securities October 28, 2004. application. The complete application and Exchange Commission AGENCY: Securities and Exchange may be obtained for a fee at the (‘‘Commission’’) is soliciting comments Commission (‘‘Commission’’). Commission’s Public Reference Branch, on the collection of information ACTION: Temporary order and notice of 450 Fifth Street, NW., Washington, DC summarized below. The Commission application under section 9(c) of the 20549–0102 (tel. (202) 942–8090). plans to submit this existing collection Investment Company Act of 1940 Applicants’ Representations of information to the Office of (‘‘Act’’). Management and Budget for extension 1. The Advisor, a Delaware and approval. Summary of Application: Alternative corporation, intends to serve as Form CB (OMB Control No. 3235– Investment Partners, LLC (‘‘AIP’’) and investment adviser to BTOP50 CTA 0518; SEC File No. 270–457) is a tender Trust Advisors, LLC (‘‘TA’’) have Index Fund (the ‘‘Fund’’), a newly offer statement filed in connection with received a temporary order exempting formed investment company that has a tender offer for a foreign private them from section 9(a) of the Act with registered as a closed-end management issuer. This form is used to report an respect to an injunction entered against investment company under the Act and issuer tender offer conducted in Beacon Hill Asset Management LLC has not yet commenced operations. The compliance with Exchange Act Rule (‘‘BHAM’’) on October 28, 2004, until Advisor is registered as an investment 13e–4(h)(8) and a third-party tender the Commission takes final action on an adviser under the Investment Advisers offer conducted in compliance with application for a permanent order. Act of 1940 (‘‘Advisers Act’’) and is Exchange Act Rule 14d–1(c). It also is Applicants also have requested a registered with the U. S. Commodity used by a subject company pursuant to permanent order. Futures Trading Commission and the Exchange Act Rule 14e–2(d). Applicants: Asset Alliance Advisors, National Futures Association as a Approximately 200 respondents file Inc., (‘‘Advisor’’), Asset Alliance commodity pool operator and a Form CB annually at an estimated .5 Corporation (‘‘AAC’’), AIP, and TA commodity-trading adviser. AIP is a hours per response for a total annual (together, the ‘‘Applicants’’).1 Delaware limited liability company burden of 100 hours. It is estimated that Filing Dates: The application was registered as an investment adviser 25% of the total burden (25 reporting filed on November 26, 2003 and under the Advisers Act. AIP serves as burden hours) is prepared by the filer. amended on October 28, 2004. the investment adviser to Alpha Hedged The remaining 75% of the burden hours Hearing or Notification of Hearing: An Strategies Fund (‘‘Alpha Fund’’), which is prepared by outside counsel. order granting the application will be is a series of AIP Alternative Strategies issued unless the Commission orders a Funds, an open-end management Written comments are invited on: (a) hearing. Interested persons may request investment company registered under Whether the proposed collection of a hearing by writing to the the Act. TA, a Delaware limited liability information is necessary for the proper Commission’s Secretary and serving company, is registered as an investment performance of the functions of the applicants with a copy of the request, adviser under the Advisers Act and agency, including whether the personally or by mail. Hearing requests serves as a research consultant to AIP information will have practical utility; should be received by the Commission and to Alpha Fund pursuant to an (b) the accuracy of the agency’s estimate by 5:30 p.m. on November 22, 2004, and advisory contract. AAC wholly owns of the burden of the collection of should be accompanied by proof of Asset Alliance Holding Corporation, information; (c) ways to enhance the service on applicants, in the form of an which wholly owns the Advisor, owns quality, utility, and clarity of the affidavit or, for lawyers, a certificate of 75% of AIP, and owns 50% of TA. AAC information collected; and (d) ways to service. Hearing requests should state also indirectly owns a 50% equity minimize the burden of the collection of the nature of the writer’s interest, the interest in BHAM. information on respondents, including reason for the request, and the issues 2. On October 28, 2004, the U.S. through the use of automated collection contested. Persons who wish to be District Court for the Southern District techniques or other forms of information notified of a hearing may request of New York entered an order of technology. Consideration will be given notification by writing to the injunction and other relief against to comments and suggestions submitted Commission’s Secretary. BHAM (‘‘Permanent Injunction’’) in a in writing within 60 days of this ADDRESSES: matter brought by the Commission (the publication. Secretary, Commission, 450 Fifth Street, NW., Washington, DC ‘‘Action’’).2 The transactions that are the Please direct your written comments 20549–0609. Applicants: Advisor, AAC, to R. Corey Booth, Director/Chief AIP, and TA, 800 Third Avenue, New 2 Securities and Exchange Commission v. Beacon Information Officer, Office of York, New York 10022. Hill Asset Management, LLC, Case No. 02cv8855 Information Technology, Securities and (S.D.N.Y., filed Nov. 7, 2002). The U.S. District Court previously entered a preliminary injunction Exchange Commission, 450 5th Street, 1 Applicants request that any permanent order against BHAM enjoining BHAM from violating NW., Washington, DC 20549. granted pursuant to the application also apply to section 206(2) of the Advisers Act. Securities and October 27, 2004. any other company that is controlled by AAC Exchange Commission v. Beacon Hill Asset within the meaning of section 2(a)(9) of the Act, Management, LLC, Stipulation of Order Granting J. Lynn Taylor, except for BHAM and any company that is an Preliminary Injunction and Other Relief, Case No. Assistant Secretary. affiliated person of BHAM by reason other than the 02cv8855 (S.D.N.Y., Nov. 13, 2002) (‘‘Preliminary company’s being an affiliated person of AAC Injunction’’). On December 18, 2002, AIP and TA [FR Doc. E4–2987 Filed 11–2–04; 8:45 am] (together with Applicants, the ‘‘Covered received a permanent order exempting them from BILLING CODE 8010–01–P Companies’’). Continued

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subject of the Action involved the with respect to the Permanent continue to provide the Fund with all alleged improper valuations of certain Injunction. information concerning the Action and unregistered investment funds managed 3. Applicants state that the the exemptive application necessary for by BHAM, resulting in BHAM’s alleged prohibitions of section 9(a) as applied to the Fund to fulfill its disclosure and violation of the Federal securities laws. them would be unduly and other obligations under the federal The Permanent Injunction enjoined disproportionately severe and that the securities laws. BHAM, directly or through its agents, conduct of Applicants has been such as 7. AIP and TA will distribute written servants, employees, and attorneys from not to make it against the public interest violating sections 17(a)(1), (2) and (3) of or the protection of investors to grant materials, including an offer to meet in the Securities Act of 1933, section 10(b) the exemption from section 9(a). person to discuss the materials, to the of the Securities Exchange Act of 1934 Applicants state that none of their board of directors of the Alpha Fund and rule 10b-5 thereunder, and sections current or former officers, directors, or regarding the Action and the reasons 206(1), (2) and (3) of the Advisers Act. employees participated in or had any they believe relief pursuant to section knowledge of the conduct underlying 9(c) is appropriate. AIP and TA will Applicants’ Legal Analysis the Action. Applicants have not been provide the Alpha Fund with all 1. Section 9(a)(2) of the Act, in the subject of any federal or state information concerning the Action and relevant part, prohibits a person who enforcement or other administrative or the exemptive application necessary for has been enjoined from engaging in or judicial disciplinary proceeding, nor has the Alpha Fund to fulfill its disclosure continuing any conduct or practice in any of the Applicants been named as a and other obligations under the federal connection with the purchase or sale of defendant in any other action relating to securities laws. a security from acting, among other the securities laws, except that AAC has things, as an investment adviser or been named as a defendant in three Applicants’ Condition depositor of any registered investment actions brought by investors in the Applicants agree that any order company or a principal underwriter for unregistered investment funds formerly granting the requested relief will be 3 any registered open-end investment managed by BHAM. subject to the following condition: company, registered unit investment 4. Applicants state that the inability of trust, or registered face-amount AIP and TA to continue providing Any temporary exemption granted certificate company. Section 9(a)(3) of advisory services to the Alpha Fund pursuant to the application shall be without the Act makes the prohibition in section would result in the Alpha Fund and its prejudice to, and shall not limit the 9(a)(2) applicable to a company any shareholders facing potentially severe Commission’s rights in any manner with affiliated person of which has been hardships. Additionally, Applicants respect to, any Commission investigation of, disqualified under the provisions of assert that if they were barred from or administrative proceedings involving or section 9(a)(2). Section 2(a)(3) of the Act providing investment advisory services against, Applicants or their affiliated persons, defines ‘‘affiliated person’’ to include to the Alpha Fund and other registered including without limitation, the any person directly or indirectly investment companies in the future, the consideration by the Commission of a controlling, controlled by, or under effect on their businesses and permanent exemption from section 9(a) of the common control, with the other person. employees would be severe. Act requested pursuant to the application or Applicants state that, taken together, 5. Applicants assert that the the revocation or removal of any temporary exemptions granted under the Act in sections 9(a)(2) and 9(a)(3) have the prohibition also would have a connection with the application. effect of precluding them and any other significant effect on the Advisor’s company of which BHAM is an business and employees. The Advisor Temporary Order affiliated person, including any other has identified registered investment subsidiary of AAC, from serving as companies as an area in which it wishes The Commission has considered the investment adviser for any registered to participate and has committed matter and finds that Applicants have investment company or as principal resources for that purpose, including made the necessary showing to justify underwriter for any registered open-end engaging a portfolio manager and a granting a temporary exemption. investment company. financial, accounting and regulatory Accordingly, 2. Section 9(c) of the Act provides that officer for the Fund. It is hereby ordered, pursuant to the Commission shall grant an 6. Applicants state that at the section 9(c) of the Act, that AIP and TA application for an exemption from the organizational meeting for the Fund, the are granted a temporary exemption from disqualification provisions of section Advisor discussed with the Fund’s 9(a) if it is established that these board of directors (‘‘Board’’), including the provisions of section 9(a), effective provisions, as applied to the applicants, the directors who are not interested forthwith, solely with respect to the are unduly or disproportionately severe persons as that term is defined in Permanent Injunction, subject to the or that the applicants’ conduct has been section 2(a)(19) of the Act, the BHAM condition in the application, until the such as not to make it against the public situation, AAC’s response to it, the date the Commission takes final action interest or the protection of investors to Action and the requested exemptive on the application for a permanent grant the application. Applicants have order. Applicants state that the Board order. approved the investment management filed an application pursuant to section By the Commission. agreement with the Advisor, subject to 9(c) of the Act requesting temporary and J. Lynn Taylor, permanent orders exempting them from the grant of the exemptive relief and the provisions of section 9(a) of the Act requested a further update at the next Assistant Secretary. Board meeting. Finally, Applicants state [FR Doc. E4–2990 Filed 11–2–04; 8:45 am] section 9(a) of the Act with respect to the that the Advisor has provided and will BILLING CODE 8010–01–P Preliminary Injunction solely so they could continue providing services to the Alpha Fund. 3 The actions were brought against BHAM, AAC, Alternative Investment Partners, LLC and Trust and others, and allege that AAC, as a control person Advisors, LLC, Investment Company Release No. of BHAM, aided and abetted BHAM’s securities law 25850 (Dec. 18, 2002). violations.

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SECURITIES AND EXCHANGE offered by the PL Insurers that would be Hearing or Notification of Hearing: An COMMISSION funded by a Separate Account or a order granting the Application will be separate account that will be established issued unless the Commission orders a [Release No. IC–26644; File No. 812–13080] in the future by a PL Insurer to support hearing. Interested persons may request Pacific Life Insurance Company, et al.; variable annuity contracts issued by a a hearing by writing to the Secretary of Notice of Application PL Insurer (‘‘Future Account’’), the Commission and serving Applicants provided that any such Variable with a copy of the request, personally or October 28, 2004. Contract or Future Variable Contract is by mail. Hearing requests should be AGENCY: Securities and Exchange substantially similar in all material received by the Commission by 5:30 Commission (‘‘Commission’’). respects to PL&A Pacific Value and p.m., on November 22, 2004, and should ACTION: Notice of application for an Pacific Value; and (ii) the recapture of be accompanied by proof of service on amended order pursuant to Section 6(c) any amounts credited under Pacific Applicants, in the form of an affidavit, of the Investment Company Act of 1940 Portfolios variable annuity (‘‘Pacific or, for lawyers, a certificate of service. (the ‘‘1940 Act’’) granting exemption Portfolios’’), Pacific Innovations Select Hearing requests should state the nature from Sections 2(a)(32), 22(c), and variable annuity (‘‘Pacific Innovations of the writer’s interest, the reason for the 27(i)(2)(A) of the 1940 Act, and Rule Select’’), and Pacific One variable request, and the issues contested. 22c–1 thereunder. annuity (‘‘Pacific One’’), each a flexible Persons who wish to be notified of a premium deferred variable annuity hearing may request notification by Applicants: Pacific Life Insurance contract funded by Pacific Separate writing to the Secretary of the Company (‘‘Pacific Life’’), Separate Account A; Pacific Select Variable Commission. Account A of Pacific Life (‘‘Pacific Annuity, a flexible premium deferred ADDRESSES: Secretary, Securities and Separate Account A’’), Pacific Select annuity and variable accumulation Exchange Commission, 450 Fifth Street, Variable Annuity Separate Account of contract funded by Pacific Select NW., Washington, DC 20549. Applicant: Pacific Life (‘‘PSVA Separate Account’’), Variable Annuity Separate Account Pacific Life Insurance Company, 700 Pacific Life and Annuity Company (‘‘PSVA’’), Pacific Innovations Select Newport Center Drive, Newport Beach, (‘‘PL&A’’) (together with Pacific Life and variable annuity, a flexible premium CA 92660, Attn: Robin S. Yonis, Esq. any other life insurance company that is deferred variable annuity contract FOR FURTHER INFORMATION, CONTACT: Thu a successor in interest to Pacific Life or funded by PL&A Separate Account A Ta, Senior Counsel, or Lorna MacLeod, PL&A, the ‘‘PL Insurers’’), Separate (‘‘PL&A Pacific Innovations Select’’), or Branch Chief at (202) 942–0670 Account A of PL&A (‘‘PL&A Separate any Variable Contract or Future Variable (Division of Investment Management, Account A) (together with Pacific Contract that is sold to Contractholders Office of Insurance Products). Separate Account A and PSVA Separate in situations where selling and/or SUPPLEMENTARY INFORMATION: The Account, and any other separate maintenance costs associated with the account of PL Insurers supporting following is a summary of the Variable Contracts are reduced (‘‘Cost application. The complete application is variable annuity contracts, the Reduction Credit’’) 2 or to ‘‘Separate Accounts’’), and Pacific available for a fee from the Contractholders who meet certain Commission’s Public Reference Branch, Select Distributors (‘‘PSD’’) (together criteria as established by the relevant PL with the PL Insurers and the Separate 450 Fifth Street, NW., Washington, DC, Insurer (‘‘Eligible Person Credit’’),3 20549 (tel. (202) 942–8090). Accounts, the ‘‘Applicants’’). provided that any such Variable Filing Date: The application was filed Contract or Future Variable Contract is Applicants’ Representations on April 30, 2004, and amended and substantially similar in all material 1. Pacific Life is a life insurance restated on August 20, 2004. respects to PSVA, Pacific Portfolios, company that is domiciled in California. Summary of Application: Applicants Pacific One, Pacific Innovations Select Along with subsidiaries and affiliates, seek an amended order to permit, under or PL&A Pacific Innovations Select.4 Pacific Life’s operations include life specified circumstances, (i) the insurance, annuities, pension and recapture of certain credit 2 institutional products, group employee enhancements (‘‘Credit Enhancements’’) Such situations may include the sale of several Contracts to the same Contractholder(s), sales of benefits, broker/dealer operations and applied to the ‘‘Contract Value’’ (as large Contracts, sales of Contracts in connection 1 investment advisory services. Pacific defined herein) of Contractholders with a group or sponsored arrangement or mass Life is authorized to conduct life under: (a) Pacific Value variable transactions over multiple Contracts. 3 insurance and annuity business in the annuity, a flexible premium deferred For example, for purposes of Pacific Innovations Select variable annuity, Pacific Select Variable District of Columbia and all states variable annuity contract that PL&A Annuity and Pacific Portfolios variable annuity except New York. Its principal offices issues through PL&A Separate Account issued by Pacific Life, and Pacific Innovations are located at 700 Newport Center Drive, Select variable annuity issued by PL&A, an Eligible A (‘‘PL&A Pacific Value’’), (b) Pacific Newport Beach, California 92660. Value variable annuity, a flexible Person may include current and retired officers, directors and employees of Pacific Life and its 2. Pacific Separate Account A was premium deferred variable annuity affiliates, trustees of Pacific Select Fund, registered established on September 7, 1994, as a contract that Pacific Life issues through representatives and employees of broker/dealers segregated asset account of Pacific Life with a current broker/dealers, employees of Pacific Separate Account A (‘‘Pacific and is registered with the Commission Value’’) and (c) other Variable Contracts affiliated asset management firms and certain other service providers, and immediate family members as a unit investment trust under the and any Future Variable Contracts of such persons. 1940 Act. Pacific Life is the legal owner 4 The current order grants Applicants exemptions of the assets in Pacific Separate Account 1 Unless otherwise designated, the term from Sections 2(a)(32), 22(c), and 27(i)(2)(A) of the ‘‘Contractholder,’’ for purposes of the Application, 1940 Act and Rule 22c–1 thereunder in order to A. Pacific Separate Account A funds the refers to contractholders of any variable annuity permit the recapture of Credit Enhancements, Cost variable benefits available under Pacific contract funded by a Separate Account (each a Reduction Credit, and Eligible Person Credit Value, Pacific Innovations Select, ‘‘Variable Contract’’ and collectively, ‘‘Variable applied to a Contract Value when a Contractholder Pacific Portfolios, Pacific One, Pacific Contracts’’), and also to contractholders of any returns a contract during the free-look period. variable annuity contract funded in the future by a Pacific Life Insurance Company, et al., Inventment One Select variable annuity (‘‘Pacific Separate Account or a Future Account (collectively, Company Act Rel. Nos. IC–25998 (April 9, 2003) One Select’’), Pacific Innovations ‘‘Future Variable Contracts’’). (Notice) and 26042 (May 2, 2003) (Order). variable annuity (‘‘Pacific Innovations’’),

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and Pacific Odyssey variable annuity segregated asset account of PL&A and is or her Variable Contract; less (iv) the (‘‘Pacific Odyssey’’). Interests in Pacific registered with the Commission as a amount, including any associated Separate Account A under Pacific unit investment trust under the 1940 withdrawal charge, of any withdrawal Value, Pacific Innovations Select, Act. PL&A is the legal owner of the from the Variable Contract. Pacific Portfolios, Pacific One, Pacific assets in PL&A Separate Account A. 9. Credit Enhancements are allocated One Select, Pacific Innovations, and PL&A Separate Account A currently has among a Contractholder’s investment Pacific Odyssey are registered under the 31 Variable Investment Options. Each options then in effect in the same Securities Act of 1933, as amended (the Variable Investment Option invests in a proportion that the applicable Purchase ‘‘1933 Act’’). corresponding series of Select Fund. Payment is allocated. The Credit 3. Pacific Separate Account A PL&A Separate Account A funds the Enhancement with respect to each currently has 41 subaccounts or variable benefits available under Purchase Payment is based on the ‘‘Variable Investment Options.’’ Each variable annuity contracts designated as Contractholder’s total Purchase Variable Investment Option invests in a PL&A Pacific Innovations Select and Payments made into Pacific Value and corresponding series of Pacific Select will fund the variable benefits available PL&A Pacific Value less total Fund (‘‘Select Fund’’), an open-end under variable annuity contracts withdrawals, including any withdrawal registered management investment designated as PL&A Pacific Odyssey and charges, from Pacific Value and PL&A company for which Pacific Life serves PL&A Pacific Value. Interests in PL&A Pacific Value as of the date the Purchase as investment adviser; or The Prudential Separate Account A under PL&A Pacific Payment is applied. The Credit Series Fund, Inc., an open-end Innovations Select, PL&A Pacific Enhancement available under Pacific registered investment company for Odyssey and PL&A Pacific Value are Value and PL&A Pacific Value, which Prudential Investments Fund registered under the 1933 Act. expressed as a percentage of the relevant Management LLC (‘‘PIFM’’) serves as 7. PSD, a wholly owned subsidiary of Purchase Payment, is set forth below: investment adviser; or the One Group Pacific Life, serves as the principal Investment Trust, an open-end underwriter for the Variable Contracts FOR CONTRACTS ISSUED ON OR AFTER registered investment company for issued by the PL Insurers. It is also APRIL 1, 2000 which Banc One Investment Advisors anticipated that PSD will serve as the (‘‘BOIA’’) serves as investment adviser. principal underwriter for any Future Total purchase payments Credit It is anticipated that Pacific Life will Variable Contracts issued by the PL less total withdrawals enhancement offer Variable Contracts that will Insurers. PSD is registered with the (percent) provide Variable Investment Options Commission as a broker/dealer under Less than $250,000 ...... 4.0 that invest in funds that are not the Securities Exchange Act of 1934, as $250,000 or more ...... 5.0 sponsored or advised by Pacific Life or amended. The PL Insurers and PSD Less than $100,000 ...... 3.0 its affiliates. Neither PIFM nor BOIA is have entered into selling agreements At least $100,000 but less an ‘‘affiliated person’’ of Pacific Life as with various broker/dealers, under than $2.5 million ...... 4.0 such term is defined in Section 2(a)(3) which such broker/dealers act as agents $2.5 million or more ...... 5.0 of the 1940 Act. of the relevant PL Insurer and PSD in 4. PSVA Separate Account was the sale of the relevant PL Insurer’s 10. PL Insurers may agree to credit a established on November 30, 1989, as a Variable Contracts. Cost Reduction Credit under the segregated asset account of Pacific Life 8. Pacific Value and PL&A Pacific Variable Contracts (other than Pacific and is registered with the Commission Value offer a ‘‘Credit Enhancement’’ Innovations), in situations where selling as a unit investment trust under the feature under which PL Insurers and/or maintenance costs associated 1940 Act. Pacific Life is the legal owner automatically add an amount to each with the Variable Contracts are reduced, of the assets in PSVA Separate Account. Contractholder’s overall ‘‘Contract such as the sale of several Variable PSVA Separate Account currently has Value’’ at the time any amount is paid Contracts to the same Contractholder(s), 31 Variable Investment Options. Each to PL Insurers by or on behalf of the sales of large Variable Contracts, sales of Variable Investment Option invests in a Contractholder as consideration of the Variable Contracts in connection with a corresponding series of Select Fund. benefits provided under the Variable group or sponsored arrangement or mass PSVA Separate Account currently funds Contract (referred to herein as transactions over multiple Variable the variable benefits available under a ‘‘Purchase Payments’’). For purposes of Contracts. variable annuity contract designated as the Application, the term ‘‘Contract 11. The amount of any Cost Reduction PSVA. Interests in PSVA Separate Value’’ refers to the sum (as calculated Credit will be determined based upon Account under PSVA are registered at the end of each business day) of: (i) the amount of reduction in the selling under the 1933 Act. The aggregate amount of Purchase and/or maintenance cost associated 5. PL&A is a life insurance company Payments and any prior Credit with the sale of that particular Variable domiciled in Arizona. PL&A’s Enhancements, and any earnings or Contract. A Cost Reduction Credit may operations include life insurance, losses thereon, less any fees and be applied at the time that a Purchase annuity and institutional products, charges, held for a Contractholder’s Payment is made. Any Cost Reduction group life and health insurance and Variable Contract in any Variable Credit applied at that time will not various other insurance products and Investment Option; (ii) the aggregate exceed 1.45% of the amount of such services. At the end of 2003, PL&A’s amount of Purchase Payments and any Purchase Payment. Alternatively, Cost total statutory assets were $1,155 prior Credit Enhancements, and any Reduction Credits may be credited on million. PL&A is authorized to conduct interest earned thereon, less any fees the basis of Contract Value. Any Cost life insurance and annuity business in and charges held for a Contractholder’s Reduction Credit credited on the basis Arizona, New York and certain other Variable Contract in any fixed option of Contract Value will not exceed 1.45% states. PL&A’s principal office is located available under his or her Variable of Contract Value at the time it is at 700 Newport Center Drive, Newport Contract; (iii) the amount, including any credited. The PL Insurers wish to Beach, California 92660. interest accrued, held to secure the reserve the flexibility to offer the Cost 6. PL&A Separate Account A was principal amount the Contractholder Reduction Credit under Variable established on January 25, 1999, as a has on any outstanding loan under his Contracts and Future Variable Contracts,

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provided that any such Variable Credit under Variable Contracts and Payments received prior to each Contract or Future Variable Contract is Future Variable Contracts, provided that withdrawal by the ratio of the amount substantially similar in all material any such Variable Contract or Future of the withdrawal, including any respects to Pacific Innovations Select, Variable Contract is substantially withdrawal charge, to the Contract Pacific Portfolios, PL&A Pacific similar in all material respects to Pacific Value immediately prior to each Innovations Select, Pacific One, or Portfolios, Pacific One, PSVA, Pacific withdrawal. PSVA. Innovations Select or PL&A Pacific 17. PL Insurers may make further 12. PL Insurers may agree to credit an Innovations Select. deductions from the death benefit Eligible Person Credit under the 14. In the future, PL Insurers may proceeds in the following two Variable Contracts (other than Pacific credit Contracts issued to Eligible situations. First, if any Pacific Value or One Select) owned by persons who meet Persons with Eligible Persons Credit PL&A Pacific Value Contractholder or criteria established by the relevant PL greater than 5% of each Purchase sole surviving annuitant dies before the Insurer. These persons may include Payment, except that with respect to the annuity date, then the relevant PL current and retired officers, directors Purchase Payments made during: (i) The Insurer will deduct the amount of any and employees of Pacific Life and its relevant free-look period; and (ii) after Credit Enhancement added to the affiliates, trustees of Pacific Select Fund, the relevant free-look period has Contract Value of a Pacific Value or registered representatives and expired, but during the first Contract PL&A Pacific Value Contractholder employees of broker/dealers with a month, the amount of any Eligible during the 12-month period prior to the current selling agreement with Pacific Person Credit will be limited to no more date of death. The death benefit Life or PL&A, respectively, and the than 9% of such Purchase Payment. proceeds will be reduced by the amount affiliates of those broker/dealers, 15. Although the PL Insurers of any such deduction. Second, the employees of affiliated asset currently offer Credit Enhancements, amount of any Cost Reduction Credit or management firms and certain other Eligible Person Credits and Cost Eligible Person Credit that is added to service providers, and immediate family Reduction Credits (collectively, the Contract Value of a Pacific One, members of such persons (collectively ‘‘Credits’’) through Variable Contracts Pacific Portfolios, PSVA, Pacific referred to as ‘‘Eligible Persons’’). Under and Future Variable Contracts, no PL Innovations Select, and PL&A Pacific the Eligible Person Credit Program, the Insurer currently applies, and no PL Innovations Select Contractholder relevant PL Insurer credits additional Insurer will apply in the future, more during the 12-month period prior to the amounts to Pacific Innovations Select, than one Credit to the Contract Value of date of death of the Contractholder or Pacific Portfolios, PSVA or PL&A Pacific a Contractholder’s Variable Contract or sole surviving annuitant may be Innovations Select Variable Contracts Future Variable Contract. Thus if a PL deducted from the death benefit owned by Eligible Persons if such Insurer applies the Credit Enhancement proceeds. Applicants seek relief to Variable Contracts are purchased Credit to the Contract Value of a permit PL Insurers to deduct from the directly through PSD. Under these particular Variable Contract or Future death benefit proceeds the amounts of circumstances, Eligible Persons will not Variable Contract, it will not also apply any Credit Enhancement, Cost be afforded the benefit of services of any an Eligible Person Credit or a Cost Reduction Credit or Eligible Person other broker/dealer nor will any Reduction Credit. Similarly, if a PL Credit added to the Contract Value of commission be payable to any broker/ Insurer applies the Eligible Person any Variable Contract or Future Variable dealer in connection with such Credit to the Contract Value of a Contract, funded by a Separate Account purchases. Rather, Eligible Persons must particular Variable Contract or Future or a Future Account added to the contact the relevant PL Insurer or PSD Variable Contract, it will not also apply Contract Value, during the 12-month directly with servicing questions, a Cost Reduction Credit or a Credit period prior to the date of death of the changes in their Variable Contracts and Enhancement. If a PL Insurer offers a sole surviving annuitant, or of the first related matters. Cost Reduction Credit to the Contract Contractholder who is also an 13. The amount currently credited to Value of a particular Variable Contract annuitant. Variable Contracts owned by Eligible or Future Variable Contract, it will not Persons will approximate the reduction also apply an Eligible Person Credit or Applicants’ Legal Analysis in expenses realized by the relevant PL a Credit Enhancement. 1. Applicants seek exemptive relief Insurer by not incurring brokerage 16. Under the Variable Contracts pursuant to Section 6(c) from Sections commission in selling such Variable issued by the PL Insurers, death benefit 2(a)(32), 22(c), and 27(i)(2)(A) of the Contracts, with the determination of the proceeds may be payable prior to the 1940 Act and Rule 22c–1 thereunder to expense reduction and of such crediting Annuity Date as of the date that a PL the extent deemed necessary to permit being made in accordance with Insurer receives, in proper form: (i) the PL Insurers to recapture Credit administrative procedures established Proof of death of the sole surviving Enhancements, Cost Reduction Credits by the relevant PL Insurer. Eligible annuitant, or of the first Contractholder and Eligible Person Credits in the Persons are currently credited with a who is also an annuitant; and (ii) manner described herein. 5% Eligible Person Credit on each instructions regarding payment of death 2. Subsection (i) of Section 27 of the Purchase Payment plus a .25% benefit proceeds (‘‘Notice Date’’). Unless 1940 Act provides that Section 27 does (annualized) Credit of Contract Value, the Contractholder has purchased an not apply to any registered separate payable quarterly in advance, from the optional rider that would provide a account funding variable insurance second Contract Year through the third larger death benefit, the amount of the contracts, or to the sponsoring insurance Contract Year for Pacific Innovations death benefit (‘‘Death Benefit Amount’’) company and principal underwriter of Select and PL&A Pacific Innovation will equal the greater of: (i) A such separate account, except as Select and a 1% (annualized) Credit of Contractholder’s Contract Value as of provided in paragraph (2) of that Contract Value, payable quarterly in the Notice Date; or (ii) the subsection. Paragraph (2) provides that advance from the fourth Contract Year Contractholder’s aggregate Purchase it shall be unlawful for such a separate until annuitization, on an annual basis. Payments reduced by an amount for account or sponsoring insurance The PL Insurers wish to reserve the each withdrawal, which is calculated by company to sell a contract funded by flexibility to offer the Eligible Person multiplying the aggregate Purchase the registered separate account unless

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‘‘(A) such contract is a redeemable the Eligible Person Credit. Thus, when asset value of each Variable Investment security.’’ Section 2(a)(32) of the 1940 the relevant PL Insurer recaptures any Option arguably is affected by these Act defines ‘‘redeemable security’’ as Credit Enhancement, Cost Reduction credits. Applicants contend, however, any security, other than short-term Credit or the Eligible Person Credit, it is that the recapture of the Credit paper, under the terms of which the simply retrieving its own assets, and Enhancement, Cost Reduction Credit holder, upon presentation to the issuer, because a Contractholder’s interest in and Eligible Person Credit under the is entitled to receive approximately his the Credit Enhancement, Cost Reduction circumstances described in this or her proportionate shares of the Credit and/or Eligible Person Credit is Application should not be deemed to be issuer’s current net assets, or the cash not vested, the Contractholder is not a violation of Section 22(c) and Rule equivalent thereof. deprived of a proportionate share of the 22c–1. 3. Because the death benefit proceeds net assets of the applicable Separate 8. The recapture of the Credit may not include the amount of any Account. Based on the foregoing, Enhancement, Cost Reduction Credit Credit Enhancement, Cost Reduction Applicants request an exemption from and the Eligible Person Credit does not Credit or Eligible Person Credit added to Sections 2(a)(32) and 27(i)(2)(A), to the involve either of the practices that Rule the Contractholder’s Contract Value extent deemed necessary, to permit the 22c–1 was intended to eliminate or during the 12-month period prior to the recapture of any Credit Enhancement, reduce as far as reasonably practicable, date of death, the Contractholder Cost Reduction Credit and Eligible namely: (i) The dilution of the value of arguably is not receiving his or her Person Credit in the manner described outstanding redeemable securities of proportionate share of the applicable above with respect to the Variable registered investment companies Separate Account’s then-current net Contracts and any Future Variable through their sale at a price below net assets. Applicants submit, however, that Contracts, without losing the relief from asset value or their redemption or the recapture of the Credit Enhancement Section 27 provided by Section 27(i). repurchase at a price above it, and (ii) offered under Pacific Value and PL&A 6. Section 22(c) of the 1940 Act other unfair results, including Pacific Value or the Cost Reduction authorizes the Commission to make speculative trading practices. Those Credit and the Eligible Person Credit rules and regulations applicable to practices were the result of backward offered under the Variable Contracts, as registered investment companies and to pricing, the practice of basing the price described in this Application, would principal underwriters of, and dealers of mutual fund shares on the net asset not deprive a Contractholder of his or in, the redeemable securities of any value per share determined as of the her proportionate share of the issuer’s registered investment company. Rule close of the market on the previous day. current net assets. 22c–1 thereunder prohibits a registered Backward pricing allowed investors to 4. The recapture of any Credit investment company issuing any take advantage of increases or decreases Enhancement, Cost Reduction Credit or redeemable security, a person in net asset value that were not yet Eligible Person Credit is intended only designated in such issuer’s prospectus reflected in the price, thereby diluting to protect the relevant PL Insurer against as authorized to consummate the values of outstanding mutual fund anti-selection under certain specified transactions in any such security, and a shares. contingencies. ‘‘Anti-selection’’ can principal underwriter of, or dealer in, generally be described as a risk that such security from selling, redeeming or 9. The proposed recapture of the persons obtain coverage based on repurchasing any such security, except Credit Enhancement, Cost Reduction knowledge that a contingency that at a price based on the current net asset Credit and the Eligible Person Credit triggers payment of an insurance benefit value of such security which is next poses no such threat of dilution. To is likely to occur, or is to occur shortly. computed after receipt of a tender of effect a recapture of a Credit In the case of the Variable Contracts, the such security for redemption, or of an Enhancement, Cost Reduction Credit or Credit Enhancement, Cost Reduction order to purchase or sell such security. an Eligible Person Credit, PL Insurers Credit or Eligible Person Credit is 7. PL Insurers’ deduction of the redeem interests in a Contractholder’s provided on a guaranteed issue basis. amount of certain Credit Enhancements, Variable Investment Option at a price The protection against anti-selection by Cost Reduction Credits or Eligible determined on the basis of the current persons who are ill is the reduction of Person Credits applied to Contract net asset value of each of the Variable the death benefit proceeds by the Value from the death benefit proceeds of Investment Options of the Separate amount of the Credit Enhancement, Cost the Contract if those Credit Account in which the Contractholder’s Reduction Credit or Eligible Person Enhancements, Cost Reduction Credits Contract Value is allocated. The amount Credit applied to Purchase Payments or Eligible Person Credits were applied recaptured will be equal to the amount made within 12 months prior to the date to the Contract Value during the 12- of the Credit Enhancement, Cost of death of the Contractholder or sole month period prior to the date of death, Reduction Credit or the Eligible Person surviving annuitant. might arguably be viewed as resulting in Credit paid out of the general account 5. A Contractholder’s interest in the the redemption of redeemable securities assets of the relevant PL Insurer. amount of a Credit Enhancement, Cost for a price other than one based on the Although Contractholders will be Reduction Credit or an Eligible Person current net asset value of the applicable entitled to retain any investment gain Credit allocated to his or her Contract Variable Investment Option of a attributable to the Credit Enhancement, Value will not vest if the credits applied Separate Account. In other words, Cost Reduction Credit or an Eligible to the Contract Value relate to Purchase because any such Credit Enhancements, Person Credit, the amount of such gain Payments made within 12 months of the Cost Reduction Credits and Eligible will be determined based upon the date of death of the Contractholder or Person Credits credited by a PL Insurer current net asset value of each of the sole surviving annuitant. Unless and are immediately added, on a conditional Variable Investment Options of the until the amount of the Credit basis, to the Contract Value of certain Separate Account in which the Enhancement, Cost Reduction Credit or Contractholders, and further because Contractholder’s Contract Value is Eligible Person Credit is vested, the these amounts are allocated by the allocated. Thus, no dilution will occur relevant PL Insurer retains the right and Contractholder to certain Variable upon the recapture of a Credit interest in the amount of the Credit Investment Options for the benefit of the Enhancement, Cost Reduction Credit or Enhancement, Cost Reduction Credit or participating Contractholder, the net an Eligible Person Credit.

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10. Applicants also submit that the SECURITIES AND EXCHANGE (A) Self-Regulatory Organization’s second practice that Rule 22c–1 was COMMISSION Statement of the Purpose of, and designed to address, namely, Statutory Basis for, the Proposed Rule speculative trading practices calculated [Release No. 34–50596; File No. SR–NSCC– Change to take advantage of backward pricing, 2004–06] The purpose of the proposed rule will not occur as a result of the change is to amend Addendum A of recapture of the Credit Enhancement, Self-Regulatory Organizations; Notice NSCC’s Rules (i) to delete fees for PC Cost Reduction Credit or the Eligible of Filing and Immediate Effectiveness Data Entry, which was a Web interface Person Credit. of Proposed Rule Change to Amend that is no longer offered by NSCC, and 11. Because neither of the practices the National Securities Clearing (ii) to incorporate revised fees for that Rule 22c–1 was meant to address is Corporation’s Fee Schedule To Mutual Fund Services that were found in the recapture of the Credit Eliminate Reference to the PC Data previously approved by the Enhancement, Cost Reduction Credit, or Entry Fee and To Incorporate Fees for Commission. PC Data Entry was a Web interface to the Eligible Person Credit, Rule 22c–1 its Mutual Fund Profile and Fund/ NSCC’s systems that is no longer and Section 22(c) of the 1940 Act are SPEED Service available. PC Data Entry was replaced in not implicated. However, to avoid any October 27, 2004. 1999 by PC Web Direct for which there uncertainty as to full compliance with Pursuant to Section 19(b)(1) of the is no fee apart from the fees applicable the 1940 Act, Applicants request an to NSCC services which are accessed exemption from the provisions of Securities Exchange Act of 1934 (‘‘Act’’),1 notice is hereby given that on through PC Web Direct. The fee Section 22(c) and Rule 22c–1 to the schedule, Addendum A to NSCC’s October 8, 2004, the National Securities extent deemed necessary to permit the Rules, is therefore amended to delete Clearing Corporation (‘‘NSCC’’) filed recapture of any Credit Enhancement, reference to the PC Data Entry fee. Cost Reduction Credit and Eligible with the Securities and Exchange The revised Mutual Fund Service fees Person Credit in the manner described Commission (‘‘Commission’’) the which are incorporated in Addendum A above. proposed rule change described in Items by this proposed rule change were I, II, and III below, which items have approved by the Commission by order Conclusion been prepared primarily by NSCC. The dated July 27, 2004.4 These fees relate Commission is publishing this notice to Applicants request an order pursuant to Fund/SPEED Account Maintenance solicit comments on the proposed rule to Section 6(c) of the 1940 Act transactions and revised Profile change from interested parties. exempting them from Sections 2(a)(32), subscription fees. NSCC believes that the proposed rule 22(c), and 27(i)(2)(A) of the 1940 Act I. Self-Regulatory Organization’s change is consistent with the and Rule 22c–1 thereunder to the extent Statement of the Terms of Substance of requirements of Section 17A of the Act 5 deemed necessary to permit the PL the Proposed Rule Change and the rules and regulations Insurers to recapture Credit thereunder applicable to NSCC because Enhancements, Cost Reduction Credits The proposed rule change consists of revisions to Addendum A to NSCC’s the proposed change provides for the and Eligible Person Credits in the equitable allocation of dues, fees and manner described herein. Applicants Rules relating to (i) the deletion of fees for PC Data Entry, which was a Web other charges among NSCC’s submit that their request for an order for participants. the exemptive relief described above is interface that is no longer offered by appropriate in the public interest and NSCC, and (ii) the incorporation of (B) Self-Regulatory Organization’s consistent with the protection of revised Mutual Fund Service fees that Statement on Burden on Competition investors and the purposes fairly were previously approved by the NSCC does not believe that the 2 intended by the policies and provisions Commission. proposed rule change will have an of the 1940 Act. II. Self-Regulatory Organization’s impact on or impose a burden on competition. For the Commission, by the Division of Statement of the Purpose of, and Investment Management pursuant to Statutory Basis for, the Proposed Rule (C) Self-Regulatory Organization’s delegated authority. Change Statement on Comments on the J. Lynn Taylor, Proposed Rule Change Received From In its filing with the Commission, Members, Participants, or Others Assistant Secretary. NSCC included statements concerning [FR Doc. E4–2991 Filed 11–2–04; 8:45 am] the purpose of and basis for the No written comments relating to the proposed rule change have been BILLING CODE 8010–01–P proposed rule change and discussed any solicited or received. comments it received on the proposed rule change. The text of these statements III. Date of Effectiveness of the may be examined at the places specified Proposed Rule Change and Timing for in Item IV below. NSCC has prepared Commission Action summaries, set forth in sections (A), (B), The foregoing rule change has become and (C) below, of the most significant effective upon filing pursuant to Section aspects of these statements.3 19(b)(3)(A)(ii) of the Act 6 and Rule 19b– 4(f)(2) 7 thereunder because the 1 15 U.S.C. 78s(b)(1). 2 Securities Exchange Act Release No. 50095 (July 4 Securities Exchange Act Release No. 50095, 69 27, 2004), 69 FR 46611 [File No. SR–NSCC–2004– FR 46611 [File No. SR–NSCC–2004–03]. 03]. 5 15 U.S.C. 78q–1. 3 The Commission had modified the text of the 6 15 U.S.C. 78s(b)(3)(A)(ii). summaries prepared by NSCC. 7 17 CFR 240.19b–4(f)(2).

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proposed rule establishes or changes a you wish to make available publicly. All information concerning the Federal due, fee, or other charge. At any time submissions should refer to File regulatory enforcement and compliance within sixty days of the filing of such Number SR–NSCC–2004–06 and should environment. rule change, the Commission may be submitted on or before November 24, Anyone wishing to attend or to make summarily abrogate such rule change if 2004. a presentation must contact Gary Cook it appears to the Commission that such For the Commission by the Division of in writing or by fax, in order to be put action is necessary or appropriate in the Market Regulation, pursuant to delegated on the agenda. Gary Cook, District public interest, for the protection of authority.8 Director, SBA Kansas City District investors, or otherwise in furtherance of J. Lynn Taylor, Office, 323 W 8th Street, Suite 501, the purposes of the Act. Assistant Secretary. Kansas City, MO 64105, phone (816) 374–6897, fax (816) 374–6759, e-mail: IV. Solicitation of Comments [FR Doc. E4–2988 Filed 11–2–04; 8:45 am] [email protected]. Interested persons are invited to BILLING CODE 8010–01–P For more information, see our Web submit written data, views, and site at http://www.sba.gov/ombudsman. arguments concerning the foregoing, Dated: October 28, 2004. including whether the proposed rule SMALL BUSINESS ADMINISTRATION Peter Sorum, change is consistent with the Act. [Declaration of Disaster #3633] Comments may be submitted by any of Senior Advisor, Office of the National Ombudsman. the following methods: State of West Virginia (Amendment #4) [FR Doc. 04–24497 Filed 11–2–04; 8:45 am] Electronic Comments In accordance with a notice received BILLING CODE 8025–01–P • Use the Commission’s Internet from the Department of Homeland comment form (http://www.sec.gov/ Security—Federal Emergency rules/sro.shtml) or Management Agency—effective October SMALL BUSINESS ADMINISTRATION • Send an e-mail to rule- 28, 2004, the above numbered [email protected]. Please include File declaration is hereby amended to Small Business Size Standards: Number SR–NSCC–2004–06 on the include Logan County as a disaster area Waiver of the Nonmanufacturer Rule subject line. due to damages caused by severe AGENCY: Small Business Administration. storms, flooding and landslides ACTION: Notice of termination of waiver Paper Comments occurring on September 16, 2004, and of the Nonmanufacturer Rule for Power- • Send paper comments in triplicate continuing through September 27, 2004. Driven Handtools Manufacturing. to Jonathan G. Katz, Secretary, All other counties contiguous to the Securities and Exchange Commission, above named primary county have SUMMARY: The U.S. Small Business 450 Fifth Street, NW., Washington, DC previously been declared. All other Administration (SBA) is terminating the 20549–0609. information remains the same, i.e., the waiver of the Nonmanufacturer Rule for All submissions should refer to File deadline for filing applications for Power-Driven Handtools Manufacturing Number SR–NSCC–2004–06. This file physical damage is November 19, 2004 based on our recent discovery of a small number should be included on the and for economic injury the deadline is business manufacturer for this class of subject line if e-mail is used. To help the June 20, 2005. products. Terminating this waiver will Commission process and review your (Catalog of Federal Domestic Assistance require recipients of contracts set aside comments more efficiently, please use Program Nos. 59002 and 59008). for small businesses, service-disabled only one method. The Commission will veteran-owned small businesses, SBA’s post all comments on the Commission’s Dated: October 28, 2004. S. George Camp, Very Small Business Program or 8(a) Internet Web site (http://www.sec.gov/ businesses to provide the products of rules/sro.shtml). Copies of the Acting Associate Administrator for Disaster Assistance. small business manufacturers or process submission, all subsequent on such contracts. amendments, all written statements [FR Doc. 04–24496 Filed 11–2–04; 8:45 am] DATES: This termination of waiver is with respect to the proposed rule BILLING CODE 8025–01–P effective on November 18, 2004. change that are filed with the Commission, and all written FOR FURTHER INFORMATION CONTACT: communications relating to the SMALL BUSINESS ADMINISTRATION Edith Butler, Program Analyst, by proposed rule change between the telephone at (202) 619–0422; by FAX at Public Federal Regulatory Commission and any person, other than (202) 481–1788; or by e-mail at Enforcement Fairness Roundtable; those that may be withheld from the [email protected]. Region VII Regulatory Fairness Board public in accordance with the SUPPLEMENTARY INFORMATION: Section provisions of 5 U.S.C. 552, will be The Small Business Administration 8(a)(17) of the Small Business Act, available for inspection and copying in Region VII Regulatory Fairness Board (Act)15 U.S.C. 637(a)(17), requires that the Commission’s Public Reference and the SBA Office of the National recipients of Federal contracts set aside Section, 450 Fifth Street, NW., Ombudsman will hold a Public for small businesses, service-disabled Washington, DC 20549. Copies of such Roundtable on Thursday, November 18, veteran-owned small businesses, SBA’s filing also will be available for 2004 at 8:30 a.m. at the Bradbury Very Small Business Program or SBA’s inspection and copying at the principal Thompson Center on the Campus of 8(a) Business Development Program office of NSCC and on NSCC’s Web site Washburn University, 1700 SW College provide the product of a small business at http://www.nscc.com/legal. All Avenue, Topeka, KS 66621–0001, to manufacturer or processor, if the comments received will be posted provide small business owners and recipient is other than the actual without change; the Commission does representatives of trade associations manufacturer or processor of the not edit personal identifying with an opportunity to share product. This requirement is commonly information from submissions. You referred to as the Nonmanufacturer should submit only information that 8 17 CFR 200.30–3(a)(12). Rule.

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The SBA regulations imposing this SUMMARY: The Department of State is 20547, who may be reached on (202) requirement are found at 13 CFR seeking Office of Management and 401–9810 or by e-mail at 121.406 (b). Section 8(a)(17)(b)(iv) of the Budget (OMB) approval for the [email protected]. Act authorizes SBA to waive the information collection described below. SUPPLEMENTARY INFORMATION: We are Nonmanufacturer Rule for any ‘‘class of The purpose of this notice is to allow 60 soliciting public comments to permit products’’ for which there are no small days for public comment in the Federal the Department to: business manufacturers or processors Register preceding submission to OMB. • Evaluate whether the proposed available to participate in the Federal We are conducting this process in information collection is necessary for market. accordance with the Paperwork the proper performance of our As implemented in SBA’s regulations Reduction Act of 1995. • functions. at 13 CFR 121.1204, in order to be Title of Information Collection: • Evaluate the accuracy of our considered available to participate in Certificate of Eligibility for Exchange estimate of the burden of the proposed the Federal market for a class of Visitor (J–1) Status. collection, including the validity of the • OMB Control Number: 1405–0119. products, a small business manufacturer methodology and assumptions used. • Type of Request: Extension of must have submitted a proposal for a • Enhance the quality, utility, and Currently Approved Collection. contract solicitation or received a clarity of the information to be • Originating Office: Office of contract from the Federal government collected. Exchange Coordination and within the last 24 months. The SBA • Minimize the reporting burden on Designation, Bureau of Educational and defines ‘‘class of products’’ based on six those who are to respond, including the digit coding systems. The first coding Cultural Affairs (ECA/EC/ECD). • Form Number: DS–2019. use of automated collection techniques system is the Office of Management and or other forms of technology. Budget North American Industry • Respondents: Department of State designated Exchange Visitor Program Abstract of proposed collection: This Classification System (NAICS). The Form collects information on second is the Product and Service Code sponsors and exchange visitors. • Estimated Number of Respondents: nonimmigrants for the purpose of established by the Federal Procurement producing a document to enable a non- Data System. 300,000. • Estimated Number of Responses: immigrant to seek a visa to participate The SBA received a request on June in the Exchange Visitor Program. 29, 2004 to waive the Nonmanufacturer 300,000. • Average Hours Per Response: 45 Methodology: The information is Rule for Power-Driven Handtools collected electronically and is Manufacturing. In response, on July 28, minutes. • Total Estimated Burden: 225,000 maintained in the Student and 2004, SBA published in the Federal Exchange Visitor Information System Register, and FedBizOpps notices of hours. • Frequency: On occasion. (SEVIS). intent to the waiver of the • Nonmanufacturer Rule for Power-Driven Obligation to Respond: Required to Dated: October 14, 2004. Handtools Manufacturing. Obtain or Retain a Benefit. Cathy T. Chikes, In responses to these notices, SBA DATES: The Department will accept Executive Director, Bureau of Educational discovered the existence of a small comments from the public up to 60 days and Cultural Affairs, Department of State. business manufacturer of that class of from November 3, 2004. [FR Doc. 04–24547 Filed 11–2–04; 8:45 am] products. Accordingly, based on the ADDRESSES: You may submit comments BILLING CODE 4710–05–P available information, SBA has by any of the following methods: determined that there is a small • E-mail: [email protected]. You business manufacturer of this class of must include the DS form number, DEPARTMENT OF STATE products, and is therefore terminating information collection title, and OMB the class waiver of the Nonmanufacturer control number in the subject line of [Public Notice 4870] Rule for Power-Driven Handtools your message. Manufacturing, NAICS 333991. • Mail (paper, disk, or CD–ROM Notice of Meeting of the Advisory Committee on International Law Authority: 15 U.S.C. 637(a)(17). submissions): Office of Exchange Coordination and Designation, Bureau Dated: October 27, 2004. A meeting of the Advisory Committee of Educational and Cultural Affairs, 301 on International Law will take place on Arthur E. Collins, Fourth Street, SW., Room 734, U.S. Friday, November 19, 2004, from 10 Acting Deputy Associate Administrator for Department of State, Washington, DC a.m. to approximately 4 p.m., as Office of Government Contracting. 20547. necessary, in Room 1105 of the United [FR Doc. 04–24499 Filed 11–2–04; 8:45 am] • Fax: (202) 401–9809. • States Department of State, 2201 C BILLING CODE 8025–01–P Hand Delivery or Courier: 301 Street, NW., Washington, DC. The Fourth Street, SW., Room 734, U.S. meeting will be chaired by the Legal Department of State, Washington, DC Adviser of the Department of State, DEPARTMENT OF STATE 20547. William H. Taft, IV, and will be open to FOR FURTHER INFORMATION CONTACT: the public up to the capacity of the [Public Notice 4883] Direct requests for additional meeting room. The meeting will cover information regarding the collection various issues relating to current 60-Day Notice of Proposed Information listed in this notice, including requests international legal topics, including the Collection: Form DS–2019, Certificate for copies of the proposed information role of the State Department in domestic of Eligibility for Exchange Visitor (J–1) collection and supporting documents, to litigation in light of the Supreme Court’s Status, OMB Control Number 1405– Vicki Rose, Office of Exchange decisions in Republic of Austria v. 0119 Coordination and Designation, Bureau Altmann and Sosa v. Alvarez-Machain, of Educational and Cultural Affairs, 301 an update on the work of the ACTION: Notice of request for public Fourth Street, SW., Room 734, U.S. International Law Commission, an comments. Department of State, Washington, DC update on prisoners and detainees, and

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UN Security Council resolutions on Sandra Hodges, Rusk County Judge, at DATES: The meeting will be held general threats to peace and security. the following address: Rusk County November 15–19, 2004 starting at 9 a.m. Entry to the building is controlled and Courthouse, Henderson, Texas 75652. ADDRESSES: The meeting will be held at will be facilitated by advance FOR FURTHER INFORMATION CONTACT: Mr. STNA Headquarters, 1, avenue du Dr arrangements. Members of the public Rodney Clark, Program Manager, Maurice Grynfogel, F–301035, desiring access to the session should, by Federal Aviation Administration, Texas Toulouse, France. Wednesday, November 17, 2004 notify Airports Development Office, ASW– FOR FURTHER INFORMATION CONTACT: (1) the Office of the Assistant Legal Adviser 650, 2601 Meacham Boulevard, Fort RTCA Secretariat, 1828 L Street, NW., for United Nations Affairs (telephone Worth, Texas 76193–0650, Telephone: Suite 805, Washington, DC 20036; (202) 647–2767) of their name, Social (817) 222–5659, e-mail: telephone (202) 833–9339; fax (202) Security number, date of birth, [email protected], fax: (817) 222– 833–9434; Web site http://www.rtca.org; professional affiliation, address and 5989. telephone number in order to arrange The request to release property may (2) STNA Contact, Anne Marie Charron; admittance. This includes admittance be reviewed in person at the same +33 5 62 14 58 81; fax +33 5 62 14 58 for government employees as well as location. 53; e-mail laurent.teissier@aviation- civile.gouv.fr. others. All attendees must use the ‘‘C’’ SUPPLEMENTARY INFORMATION: The FAA Street entrance. One of the following invites public comment on the request SUPPLEMENTARY INFORMATION: Pursuant valid IDs will be required for to release property at the Rusk County to section 10(a)(2) of the Federal admittance: any U.S. driver’s license Airport under the provisions of the AIR Advisory Committee Act (Pub. L. 92– with photo, a passport, or a U.S. 21. 463, 5 U.S.C., Appendix 2), notice is Government agency ID. Because an The following is a brief overview of hereby given for a Special Committee escort is required at all times, attendees the request: 189/EUROCAE Working Group 53 should expect to remain in the meeting The County of Rusk requests the meeting. The agenda will include: for the entire morning or afternoon release of 42.93 acres of non- • November 15: session. aeronautical airport property. The land • Opening Plenary Session (Welcome Dated: October 27, 2004. was acquired by deed in 1941. The and Introductory Remarks, Review/ Judith L. Osborn, property to be released will be Approval of Meeting Agenda, Attorney-Adviser, Office of United Nations exchanged for a like sum of property to Review/Approval of Meeting Affairs, Office of the Legal Adviser, Executive allow for a future runway extension. No Minutes) funds will be generated from the release. Director, Advisory Committee on • Sub-group and related reports; SC– International Law, Department of State. Any person may inspect the request in person at the FAA office listed above 189/WG–53 co-chair progress report [FR Doc. 04–24548 Filed 11–2–04; 8:45 am] and review of work program under FOR FURTHER INFORMATION BILLING CODE 4710–08–P • CONTACT. Resolution of Comments on PU 29 In addition, any person may, upon (ED 100/DO258 Rev. A) • Review of ISFs to ED78A DEPARTMENT OF TRANSPORTATION request, inspect the application, notice and other documents relevant to the • November 16–17: Federal Aviation Administration application in person at the Rusk • Sub-group Meetings County Airport, telephone number (903) • Review and resolve comments on Notice of Intent To Rule on Request To 657–0302. PU–24 V3.0, Oceanic Safety and Release Airport Property at the Rusk Issued in Fort Worth, Texas on October 25, Performance Requirements County Airport, Henderson, TX 2004. Standard • AGENCY: Federal Aviation Naomi L. Saunders, November 17–19: Administration (FAA), DOT. Manager, Airports Division. • Sub-group Meetings [FR Doc. 04–24462 Filed 11–2–04; 8:45 am] • ACTION: Notice of Request to Release FANS 1/A—ATN Interop Start of Airport Property. BILLING CODE 4910–13–M Activity (Review Statement of Work, Review of Initial Inputs, SUMMARY: The FAA proposes to rule and Coordination) invite public comment on the release of DEPARTMENT OF TRANSPORTATION • November 19: land at the Rusk County Airport under • Federal Aviation Administration Closing Plenary Session (Welcome the provisions of Section 125 of the and Introductory Remarks, Review/ Wendell H. Ford Aviation Investment RTCA Special Committee 189/ Approval of Meeting Agenda) Reform Act for the 21st Century (AIR EUROCAE Working Group 53: Air • Sub-group and related reports; 21). Traffic Services (ATS) Safety and Position papers planned for plenary DATES: Comments must be received on Interoperability Requirements agreement; SC–189/WG–53 co-chair or before December 3, 2004. progress report and wrap-up. AGENCY: Federal Aviation ADDRESSES: Comments on this Administration (FAA), DOT. Attendance is open to the interested application may be mailed or delivered ACTION: Notice of RTCA Special public but limited to space availability. to the FAA at the following address: Mr. Committee 189/EUROCAE Working With the approval of the chairmen, Mike Nicely, Manager, Federal Aviation Group 53 meeting. members of the public may present oral Administration, Southwest Region, statements at the meeting. Persons Airports Division, Texas Airports SUMMARY: The FAA is issuing this notice wishing to present statements or obtain Development Office, ASW–650, Fort to advise the public of a meeting of information should contact the person Worth, Texas 76193–0650. RTCA Special Committee 189/ listed in the FOR FURTHER INFORMATION In addition, one copy of any EUROCAE Working Group 53: Air CONTACT section. Members of the public comments submitted to the FAA must Traffic Services (ATS) Safety and may present a written statement to the be mailed or delivered to the Honorable Interoperability Requirements. committee at any time.

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Issued in Washington, DC, on October 22, submitted after the effective date of the DEPARTMENT OF TRANSPORTATION 2004. rule. The applicant signs the Robert Zoldos, agreements, but FTA executes it only National Highway Traffic Safety FAA System Engineer, RTCA Advisory upon approval of the application. This Administration Committee. is a one-time submission with [Docket No. NHTSA–2004–19486] [FR Doc. 04–24463 Filed 11–2–04; 8:45 am] incorporation by reference in BILLING CODE 4910–13–M subsequent grant applications. 49 CFR Notice of Receipt of Petition for 604.11(b) requires recipients to provide Decision That Nonconforming 2001– notice to all private charter operators 2002 Mercedes Benz C Class (203) DEPARTMENT OF TRANSPORTATION and allows them to submit written Passenger Cars Are Eligible for Importation Federal Transit Administration evidence demonstrating that they are willing and able to provide the charter AGENCY: National Highway Traffic [FTA Docket No. 2004–19516] service the recipient is proposing to Safety Administration, DOT. Agency Information Collection Activity provide. The notice must be published ACTION: Notice of receipt of petition for Under OMB Review in a newspaper and sent to any private decision that nonconforming 2001–2002 operator requesting notice and to the Mercedes Benz C Class (203) passenger AGENCY: Federal Transit Administration, United Bus Owners of America and the cars are eligible for importation. DOT. American Bus Association, the two ACTION: Notice of request for comments. trade associations to which most private SUMMARY: This document announces charter operators belong. To continue receipt by the National Highway Traffic SUMMARY: In accordance with the receiving federal financial assistance, Safety Administration (NHTSA) of a Paperwork Reduction Act of 1995 (44 recipients must publish this notice petition for a decision that 2001–2002 U.S.C. 3501 et seq.), this notice annually. 49 CFR 604.13(b) requires Mercedes Benz C Class (203) passenger announces that the Information recipients to review the evidence cars that were not originally Collection Request (ICR) abstracted submitted and notify the submitter of its manufactured to comply with all below has been forwarded to the Office applicable Federal motor vehicle safety decision. This notice is also an annual of Management and Budget (OMB) for standards are eligible for importation requirement. On December 30, 1988, approval. The Federal Register Notice into the United States because (1) they with a 60-day comment period soliciting FTA issued an amendment to the are substantially similar to vehicles that comments was published on July 23, Charter Service regulation that allows were originally manufactured for 2004. additional exceptions for certain non- importation into and sale in the United profit social groups that meet eligibility States and that were certified by their DATES: Comments must be submitted requirements. before December 3, 2004. A comment to manufacturer as complying with the OMB is most effective if OMB receives Estimated Total Annual Burden: safety standards, and (2) they are it within 30 days of publication. 1,984 hours. capable of being readily altered to conform to the standards. FOR FURTHER INFORMATION CONTACT: ADDRESSES: All written comments must DATES: The closing date for comments Sylvia L. Marion, Office of refer to the docket number that appears on the petition is December 3, 2004. Administration, Office of Management at the top of this document and be Planning, (202) 366–6680. submitted to the Office of Information ADDRESSES: Comments should refer to SUPPLEMENTARY INFORMATION: and Regulatory Affairs, Office of the docket number and notice number, Title: Charter Service Operations Management and Budget, 725–17th and be submitted to: Docket (OMB Number: 2132–0549). Street, NW., Washington, DC 20503, Management, Room PL–401, 400 Abstract: 49 U.S.C. 5323(d) requires Attention: FTA Desk Officer. Seventh St., SW., Washington, DC all applicants for financial assistance 20590. [Docket hours are from 9 a.m. to Comments Are Invited on: Whether from FTA to enter into a charter bus 5 p.m.]. Anyone is able to search the agreement with the Secretary of the proposed collection of information electronic form of all comments Transportation (delegated to the is necessary for the proper performance received into any of our dockets by the Administrator of FTA in 49 CFR of the functions of the Department, name of the individual submitting the 1.51(a)). 49 U.S.C. 5323(d) provides including whether the information will comment (or signing the comment, if protections for private intercity charter have practical utility; the accuracy of submitted on behalf of an association, bus operators from unfair competition the Department’s estimate of the burden business, labor union, etc.). You may by FTA recipients. 49 U.S.C. 5302(a)(7) of the proposed information collection; review DOT’s complete Privacy Act as interpreted by the Comptroller ways to enhance the quality, utility, and Statement in the Federal Register General permits FTA recipients, but clarity of the information to be published on April 11, 2000 (Volume does not state that recipients have a collected; and ways to minimize the 65, Number 70; Pages 19477–78) or you right, to provide charter bus service burden of the collection of information may visit http://dms.dot.gov. with FTA-funded facilities and on respondents, including the use of FOR FURTHER INFORMATION CONTACT: equipment only if it is incidental to the automated collection techniques or Coleman Sachs, Office of Vehicle Safety provision of mass transportation service. other forms of information technology. Compliance, NHTSA (202–366–3151). These statutory requirements have been Dated: October 27, 2004. SUPPLEMENTARY INFORMATION: implemented in FTA’s charter regulation, 49 CFR 604. Ann M. Linnertz, Background 49 CFR 604.7 requires all applicants Deputy Associate Administrator for Under 49 U.S.C. 30141(a)(1)(A), a for financial assistance under 49 U.S.C. Administrator. motor vehicle that was not originally Sections 5309, 5336, or 5311 to include [FR Doc. 04–24464 Filed 11–2–04; 8:45 am] manufactured to conform to all two copies of a charter bus agreement BILLING CODE 4910–57–M applicable Federal motor vehicle safety with the first grant application standards shall be refused admission

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into the United States unless NHTSA Windshield Defrosting and Defogging Standard No. 206 Door Locks and has decided that the motor vehicle is Systems, 104 Windshield Wiping and Door Retention Components: Inspection substantially similar to a motor vehicle Washing Systems, 106 Brake Hoses, 109 of all vehicles and installation, on originally manufactured for importation New Pneumatic Tires, 113 Hood Latch vehicles that are not already so into and sale in the United States, System, 116 Motor Vehicle Brake Fluids, equipped, of U.S.-model components as certified under 49 U.S.C. 30115, and of 124 Accelerator Control Systems, 135 necessary, to meet the requirements of the same model year as the model of the Passenger Car Brake Systems, 202 Head this standard. motor vehicle to be compared, and is Restraints, 204 Steering Control Standard No. 208 Occupant Crash capable of being readily altered to Rearward Displacement, 205 Glazing Protection: (a) Inspection of all vehicles conform to all applicable Federal motor Materials, 207 Seating Systems, 210 and replacement of any non U.S.-model vehicle safety standards. Seat Belt Assembly Anchorages, 212 seat belts, airbag control units, airbags, Petitions for eligibility decisions may Windshield Mounting, 214 Side Impact sensors, and knee bolsters with U.S.- be submitted by either manufacturers or Protection, 216 Roof Crush Resistance, model components on vehicles that are importers who have registered with 219 Windshield Zone Intrusion, and 302 not already so equipped; and (b) NHTSA pursuant to 49 CFR part 592. As Flammability of Interior Materials. installation of a supplemental warning specified in 49 CFR 593.7, NHTSA In addition, the petitioner claims that buzzer which is wired to the seat belt publishes notice in the Federal Register the vehicles comply with the Bumper latch to ensure that the seat belt warning of each petition that it receives, and Standard found in 49 CFR part 581. system activates in the proper manner. affords interested persons an The petitioner also contends that the The petitioner states that the restraint opportunity to comment on the petition. vehicles are capable of being readily system used in these vehicles consists of At the close of the comment period, altered to meet the following standards, dual front airbags and knee bolsters, and NHTSA decides, on the basis of the in the manner indicated: that the vehicles have combination lap petition and any comments that it has Standard No. 101 Controls and and shoulder belts at the outboard front received, whether the vehicle is eligible Displays: (a) Substitution of a lens seating positions as well as at the rear for importation. The agency then marked ‘‘Brake’’ for a lens with a outboard seating positions. These publishes this decision in the Federal noncomplying symbol on the brake manual systems are automatic, self- Register. failure indicator lamp; (b) recalibration tensioning, and are released by means of US SPECS of Aberdeen, Maryland of the speedometer/odometer from a single red push-button. (Registered Importer 03–321) has kilometers to miles per hour; and (c) Standard No. 209 Seat Belt petitioned NHTSA to decide whether installation of U.S.-model cruise control Assemblies: Inspection of all vehicles nonconforming 2001–2002 Mercedes lever. and replacement of non U.S.-model seat Benz C Class (203) passenger cars are Standard No. 108 Lamps, Reflective belt assemblies with U.S.-model eligible for importation into the United Devices and Associated Equipment: components on vehicles that are not States. The vehicles which U.S. SPECS Inspection of all vehicles and already so equipped. believes are substantially similar are installation, on vehicles that are not Standard No. 225 Child Restraint 2001–2002 Mercedes Benz C Class (203) already so equipped, of U.S.-model Anchorage Systems: Inspection of all passenger cars that were manufactured headlamps, front side marker lamps, vehicles and installation of U.S.-model for importation into, and sale in, the taillamp assemblies that incorporate components, on vehicles that are not United States and certified by their rear side marker lamps, a high-mounted already so equipped, to ensure manufacturer as conforming to all stoplamp assembly, and front and rear compliance with the standard. applicable Federal motor vehicle safety side reflex reflectors. Standard No. 301 Fuel System standards. Standard No. 110 Tire Selection and Integrity: Inspection of all vehicles and The petitioner claims that it carefully Rims: Tire placard must be installed to installation of U.S.-model components, compared non-U.S. certified 2001–2002 ensure compliance with the standard. on vehicles that are not already so Mercedes Benz C Class (203) passenger Standard No. 111 Rearview Mirrors: equipped, to ensure compliance with cars to their U.S. certified counterparts, Installation of U.S.-model passenger the standard. and found the vehicles to be side rearview mirror, or inscription of Standard No. 401 Interior Trunk substantially similar with respect to the required warning statement on the Release: Inspection of all vehicles and compliance with most Federal motor face of the passenger side rearview installation of U.S.-model components, vehicle safety standards. mirror. on vehicles that are not already so US SPECS submitted information Standard No. 114 Theft Protection: equipped, to ensure compliance with with its petition intended to Installation of U.S.-version software, or the standard. demonstrate that non-U.S. certified installation of a supplemental key The petitioner also states that a 2001–2002 Mercedes Benz C Class (203) warning buzzer system to meet the vehicle identification plate must be passenger cars as originally requirements of this standard. affixed to the vehicles near the left manufactured, conform to many Federal Standard No. 118 Power-Operated windshield post to meet the motor vehicle safety standards in the Window, Partition, and Roof Panel requirements of 49 CFR part 565. same manner as their U.S. certified Systems: Inspection of all vehicles, and Interested persons are invited to counterparts, or are capable of being reprogramming and rewiring the submit comments on the petition readily altered to conform to those systems, as required, to meet the described above. Comments should refer standards. requirements of this standard. to the docket number and be submitted Specifically, the petitioner claims that Standard No. 201 Occupant to: Docket Management, Room PL–401, non-U.S. certified 2001–2002 Mercedes Protection in Interior Impact: Inspection 400 Seventh St., SW., Washington, DC Benz C Class (203) passenger cars are of all vehicles and installation, on 20590. [Docket hours are from 9 a.m. to identical to their U.S.-certified vehicles that are not already so 5 p.m.]. It is requested but not required counterparts with respect to compliance equipped, of U.S.-model interior trim that 10 copies be submitted. with Standard Nos. 102 Transmission components that are necessary to All comments received before the Shift Lever Sequence, Starter Interlock, comply with the standard’s upper close of business on the closing date and Transmission Braking Effect, 103 interior impact requirements. indicated above will be considered, and

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will be available for examination in the comment (or signing the comment, if found the vehicles to be substantially docket at the above address both before submitted on behalf of an association, similar with respect to compliance with and after that date. To the extent business, labor union, etc.). You may all applicable Federal motor vehicle possible, comments filed after the review DOT’s complete Privacy Act safety standards. closing date will also be considered. Statement in the Federal Register WETL submitted information with its Notice of final action on the petition published on April 11, 2000 (Volume petition intended to demonstrate that will be published in the Federal 65, Number 70; Pages 19477–78) or you non-U.S. certified 2004 Jeep Liberty Register pursuant to the authority may visit http://dms.dot.gov. multipurpose passenger vehicles indicated below. FOR FURTHER INFORMATION CONTACT: manufactured for the Mexican market as originally manufactured, conform to all Authority: 49 U.S.C. 30141(a)(1)(A) and Coleman Sachs, Office of Vehicle Safety (b)(1); 49 CFR 593.8; delegations of authority Compliance, NHTSA (202–366–3151). applicable Federal motor vehicle safety standards in the same manner as their at 49 CFR 1.50 and 501.8. SUPPLEMENTARY INFORMATION: U.S. certified counterparts. Claude H. Harris, Background Specifically, the petitioner claims that Director, Office of Vehicle Safety Compliance. non-U.S. certified 2004 Jeep Liberty Under 49 U.S.C. 30141(a)(1)(A), a [FR Doc. 04–24466 Filed 11–2–04; 8:45 am] multipurpose passenger vehicles motor vehicle that was not originally BILLING CODE 4910–59–P manufactured for the Mexican market manufactured to conform to all are identical to their U.S. certified applicable Federal motor vehicle safety counterparts with respect to compliance DEPARTMENT OF TRANSPORTATION standards shall be refused admission with Standard Nos. 101 Controls and into the United States unless NHTSA Displays, 102 Transmission Shift Lever National Highway Traffic Safety has decided that the motor vehicle is Sequence, Starter Interlock, and Administration substantially similar to a motor vehicle Transmission Braking Effect, 103 originally manufactured for importation [Docket No. NHTSA–2004–19485] Windshield Defrosting and Defogging into and sale in the United States, Systems, 104 Windshield Wiping and Notice of Receipt of Petition for certified under 49 U.S.C. 30115, and of Washing Systems, 106 Brake Hoses, 108 Decision That Nonconforming 2004 the same model year as the model of the Lamps, Reflective Devices and Jeep Liberty Multipurpose Passenger motor vehicle to be compared, and is Associated Equipment, 111 Rearview Vehicles Manufactured for the Mexican capable of being readily altered to Mirrors, 113 Hood Latch System, 114 Market Are Eligible for Importation conform to all applicable Federal motor Theft Protection, 116 Motor Vehicle vehicle safety standards. Brake Fluids, 118 Power-Operated AGENCY: National Highway Traffic Petitions for eligibility decisions may Window, Partition, and Roof Panel Safety Administration, DOT. be submitted by either manufacturers or Systems, 119 New Pneumatic Tires for ACTION: Notice of receipt of petition for importers who have registered with Vehicles Other than Passenger Cars, 120 decision that nonconforming 2004 Jeep NHTSA pursuant to 49 CFR Part 592. As Tire Selection and Rims for Motor Liberty multipurpose passenger vehicles specified in 49 CFR 593.7, NHTSA Vehicles Other than Passenger Cars, 124 manufactured for the Mexican market publishes notice in the Federal Register Accelerator Control Systems, 135 are eligible for importation. of each petition that it receives, and Passenger Car Brake Systems, 201 affords interested persons an Occupant Protection in Interior Impact, SUMMARY: This document announces opportunity to comment on the petition. 202 Head Restraints, 204 Steering receipt by the National Highway Traffic At the close of the comment period, Control Rearward Displacement, 205 Safety Administration (NHTSA) of a NHTSA decides, on the basis of the Glazing Materials, 206 Door Locks and petition for a decision that 2004 Jeep petition and any comments that it has Door Retention Components, 207 Liberty multipurpose passenger vehicles received, whether the vehicle is eligible Seating Systems, 208 Occupant Crash manufactured for the Mexican market for importation. The agency then Protection, 209 Seat Belt Assemblies, that were not originally manufactured to publishes this decision in the Federal 210 Seat Belt Assembly Anchorages, 212 comply with all applicable Federal Register. Windshield Mounting, 214 Side Impact motor vehicle safety standards are Wallace Environmental Testing Protection, 216 Roof Crush Resistance, eligible for importation into the United Laboratories, Inc. (WETL) of Houston, 219 Windshield Zone Intrusion, 225 States because (1) they are substantially TX (Registered Importer 90–005) has Child Restraint Anchorage Systems, 301 similar to vehicles that were originally petitioned NHTSA to decide whether Fuel System Integrity, and 302 manufactured for sale in the United nonconforming 2004 Jeep Liberty Flammability of Interior Materials. States and that were certified by their multipurpose passenger vehicles The petitioner also states that a manufacturer as complying with the manufactured for the Mexican market vehicle identification plate must be safety standards, and (2) they are are eligible for importation into the affixed to the vehicles near the left capable of being readily altered to United States. The vehicles which windshield post to meet the conform to the standards. WETL believes are substantially similar requirements of 49 CFR Part 565. DATES: The closing date for comments are 2004 Jeep Liberty multipurpose Interested persons are invited to on the petition is December 3, 2004. passenger vehicles that were submit comments on the petition ADDRESSES: Comments should refer to manufactured for sale in the United described above. Comments should refer the docket number and notice number, States and certified by their to the docket number and be submitted and be submitted to: Docket manufacturer as conforming to all to: Docket Management, Room PL–401, Management, Room PL–401, 400 applicable Federal motor vehicle safety 400 Seventh Street, SW., Washington, Seventh St., SW., Washington, DC standards. DC 20590. [Docket hours are from 9 a.m. 20590. [Docket hours are from 9 a.m. to The petitioner claims that it carefully to 5 p.m.]. It is requested but not 5 p.m.]. Anyone is able to search the compared non-U.S. certified 2004 Jeep required that 10 copies be submitted. electronic form of all comments Liberty multipurpose passenger vehicles All comments received before the received into any of our dockets by the manufactured for the Mexican market to close of business on the closing date name of the individual submitting the their U.S.-certified counterparts, and indicated above will be considered, and

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will be available for examination in the DEPARTMENT OF TRANSPORTATION SW., Washington, DC 20590–0001, (202) docket at the above address both before 366–4535. Research and Special Programs and after that date. To the extent Key to ‘‘Reason for Delay’’ possible, comments filed after the Administration closing date will also be considered. 1. Awaiting additional information for Office of Hazardous Materials Safety; Notice of final action on the petition applicant. Notice of Delays in Processing of 2. Extensive public comment under will be published in the Federal Exemption Applications Register pursuant to the authority review. indicated below. AGENCY: Research and Special Programs 3. Application is technically complex Administration, DOT. and is of significant impact or Authority: 49 U.S.C. 30141(a)(1)(A) and precedent-setting and requires extensive (b)(1); 49 CFR 593.8; delegations of authority ACTION: List of application delayed more than 180 days. analysis. at 49 CFR 1.50 and 501.8. 4. Staff review delayed by other Claude H. Harris, SUMMARY: In accordance with the priority issues or volume of exemption requirements of 49 U.S.C. 5117(c), RSPA applications. Director, Office of Vehicle, Safety is publishing the following list of Compliance. Meaning of Application Number exemption applications that have been [FR Doc. 04–24549 Filed 11–2–04; 8:45 am] Suffixes in process for 180 days or more. The BILLING CODE 4910–59–P reason(s) for delay and the expected N—New application. completion date for action on each M—Modification request. application is provided in association PM—Party to application with with each identified application. modification request. FOR FURTHER INFORMATION CONTACT: Issued in Washington, DC, on October 28, Delmer Billings, Office of Hazardous 2004. Materials Exemptions and Approvals, R. Ryan Posten, Research and Special Programs Exemptions Program Officer, Office of Administration, U.S. Department of Hazardous Materials Safety Exemptions & Transportation, 400 Seventh Street, Approvals.

NEW EXEMPTION APPLICATIONS

Application Reason for Estimated date of No. Applicant delay completion

11927–N ...... Alaska Marine Lines, Inc., Seattle, WA ...... 4 12–31–2004 12381–N ...... Ideal Chemical & Supply Co., Memphis, TN ...... 2 01–31–2005 12412–N ...... Great Western Chemical Company, Portland, OR ...... 3 01–31–2005 12751–N ...... Defense Technology Corporation, Casper, WY ...... 4 12–31–2004 12797–N ...... Environmental Quality Co., Belleville, MI ...... 4 01–31–2005 12960–N ...... International Fuel Cells, South Windsor, CT ...... 1 11–30–2004 13055–N ...... Stenstrom Petroleum Equipment Group, Rockford, IL ...... 4 01–31–2005 13183–N ...... Becton Dickinson, Sandy, UT ...... 4 12–31–2004 13188–N ...... General Dynamics, Lincoln, NE ...... 1 12–31–2004 13309–N ...... OPW Engineered Systems, Lebanon, OH ...... 4 01–31–2005 13295–N ...... Taylor-Wharton, Harrisburg, PA ...... 1 12–31–2004 13266–N ...... Luxfer Gas Cylinders, Riverside, CA ...... 1 12–31–2004 13265–N ...... Aeropres Corporation, Shreveport, LA ...... 4 11–30–2004 13228–N ...... AirSep Creekside Corp., Buffalo, NY ...... 4 12–31–2004 13225–N ...... Quantum Technologies, Irvine, CA ...... 1 12–31–2004 13281–N ...... The Dow Chemical Company, Midland, MI ...... 4 11–30–2004 13422–N ...... Puritan Bennett, Plainfield, IN ...... 3 12–31–2004 12949–N ...... Railway Progress Institute, Inc., Alexandria, VA ...... 401–31–2005 13482–N ...... U.S. Vanadium Corporation (Subsidiary of Strategic Minerals Corporation), Niagra Falls, NY 4 11–30–2004 13443–N ...... Koch Materials Company, Wichita, KS ...... 4 11–30–2004 13423–N ...... E.I. DuPont de Nemours & Company, Inc., Wilmington, DE ...... 1 01–31–2005 13461–N ...... FIBA Technologies, Inc., Westboro, MA ...... 4 12–31–2004 13346–N ...... Stand-By-Systems, Inc., Dallas, TX ...... 1 12–31–2004 13347–N ...... ShipMate, Inc., Torrance, CA ...... 4 12–31–2004 13341–N ...... National Propane Gas Association, Washington, DC ...... 1 12–31–2004 13302–N ...... FIBA Technologies, Inc., Westboro, MA ...... 4 12–31–2004 13314–N ...... Sunoco Inc., Philadelphia, PA ...... 4 01–31–2005 13560–N ...... Texaco Ovonic Hydrogen Systems L.L.C. (TOHS), Rochester Hills, MI ...... 4 12–31–2004 13554–N ...... The Fertilizer Institute, Washington, DC ...... 4 12–31–2004 13547–N ...... CP Industries, McKeesport, PA ...... 4 01–31–2005 13976–N ...... Osmose Utilities Services, Inc., Buffalo, NY ...... 4 11–30–2004 13551–N ...... INO Therapeutics LLC, Port Allen, LA ...... 4 12–31–2004 13484–N ...... Air Liquide Ameria L.P., Houston, TX ...... 4 11–30–2004 13176–N ...... Union Pacific Railroad Company, Omaha, NE ...... 4 01–31–2005 13054–N ...... CHS Transportation, Mason City, IA ...... 4 11–30–2004 13077–N ...... MacIntyre, Middlebury, VT ...... 4 01–31–2005 12950–N ...... Walnut Industries, Inc., Bensalem, PA ...... 4 01–31–2005

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MODIFICATION TO EXEMPTIONS

Application Reason for Estimated date of No. Applicant delay completion

11769–M ...... Great Western Chemical Company, Portland, OR ...... 2 01–31–2005 12065–M ...... Petrolab Company, Latham, NY ...... 4 12–31–2004 10019–M ...... Structural Composites Industries, Pomona, CA ...... 3 12–31–2004 12443–M ...... Dow Reichhold Specialty Latex, LLC, Chickamauga, GA ...... 4 01–31–2005 8650–M ...... Ethyl Corporation, Richmond, VA ...... 4 12–31–2004 9149–M ...... Ethyl Corporation, Richmond, VA ...... 4 12–31–2004 7073–M ...... Ethyl Corporation, Richmond, VA ...... 4 12–31–2004 12443–M ...... Kinder Morgan Materials Services, Sewickley, PA ...... 4 01–31–2005 13080–M ...... Pressed Steel Tank Co., Milwaukee, WI ...... 112–31–2004 10915–M ...... Luxfer Gas Cylinders (Composite Cylinder Division), Riverside, CA ...... 1 01–31–2005 10878–M ...... Tankcon FRP Inc., Boisbriand, QC ...... 1,3 11–30–2004 12443–M ...... Kinder Morgan Materials Services, Sewickley, PA ...... 4 01–31–2005 9421–M ...... Taylor-Wharton (Gas & Fluid Control Group), Harrisburg, PA ...... 4 12–31–2004 12022–M ...... Taylor-Wharton (Gas & Fluid Control Group), Harrisburg, PA ...... 4 12–31–2004 11537–M ...... Interstate Chemical Company, Inc., Hermitage, PA ...... 2 01–31–2005 10882–M ...... Espar Products, Inc., Mississauga, Ontario, Canada ...... 4 11–30–2004 12443–M ...... Buckbee-Mears Cortland (BMC), Minneapolis, MN ...... 4 01–31–2005 11537–M ...... Hawkins, Inc., Minneapolis, MN ...... 2 01–31–2005 7280–M ...... Department of Defense, Ft. Eustis, VA ...... 4 12–31–2004 8718–M ...... Structural Composites Industries, Pomona, CA ...... 312–31–2004 8162–M ...... Structural Composites Industries, Pomona, CA ...... 312–31–2004 7277–M ...... Structural Composites Industries, Pomona, CA ...... 312–31–2004 7060–M ...... Federal Express, Memphis, TN ...... 4 12–31–2004 11769–M ...... Great Western Chemical Company, Portland, OR ...... 2 01–31–2005 11537–M ...... JCI Jones Chemicals, Inc., Milford, VA ...... 2 01–31–2005 11769–M ...... Hydrite Chemical Company, Brookfield, WI ...... 201–31–2005

[FR Doc. 04–24524 Filed 11–2–04; 8:45 am] 1105.7 (environmental reports), 49 CFR file an OFA under 49 CFR 3 BILLING CODE 4910–60–M 1105.8 (historic reports), 49 CFR 1152.27(c)(2), and trail use/rail banking 1105.11 (transmittal letter), 49 CFR requests under 49 CFR 1152.29 must be 1105.12 (newspaper publication), and filed by November 12, 2004. Petitions to DEPARTMENT OF TRANSPORTATION 49 CFR 1152.50(d)(1) (notice to reopen or requests for public use governmental agencies) have been met.1 conditions under 49 CFR 1152.28 must Surface Transportation Board As a condition to this exemption, any be filed by November 23, 2004, with: employee adversely affected by the Surface Transportation Board, 1925 K [STB Docket No. AB–391 (Sub-No. 10X)] abandonment shall be protected under Street NW., Washington, DC 20423– Red River Valley and Western Railroad Oregon Short Line R. Co.— 0001. Company—Abandonment Exemption— Abandonment—Goshen, 360 I.C.C. 91 A copy of any petition filed with the in Foster and Wells Counties, ND (1979). To address whether this Board should be sent to applicant’s condition adequately protects affected representative: Rose-Michele Weinryb, Red River Valley & Western Railroad employees, a petition for partial Weiner Brodsky Sidman Kider PC, 1300 Company (RRVW) has filed a notice of revocation under 49 U.S.C. 10502(d) 19th Street NW., 5th Floor, Washington, exemption under 49 CFR 1152 Subpart must be filed. DC 20036–1609. F—Exempt Abandonments to abandon Provided no formal expression of If the verified notice contains false or approximately 27.76 miles of rail line intent to file an offer of financial misleading information, the exemption from approximately milepost 21.4 in or assistance (OFA) has been received, this is void ab initio. near Carrington, ND, to the end of the exemption will be effective on RRVW has filed an environmental line at approximately milepost 29.16 in December 3, 2004, unless stayed report which addresses the or near Bowdon, ND, in Foster and pending reconsideration. Petitions to abandonment’s effects, if any, on the Wells Counties, ND. The line traverses stay that do not involve environmental environment and historic resources. United States Postal Service Zip Codes issues,2 formal expressions of intent to SEA will issue an environmental 58486, 58418 and 58421. assessment (EA) by November 28, 2004. RRVW has certified that: (1) No local 1 RRVW states that it has used the subject line to Interested persons may obtain a copy of traffic has moved over the line for at store cars for off-line shippers during the preceding the EA by writing to SEA (Room 500, 2 years. RRVW points out that use of a rail line to least 2 years; (2) any overhead traffic store rail cars for the convenience of off-line Surface Transportation Board, can be rerouted over other lines; (3) no shippers or the railroad is not traffic originating or formal complaint filed by a user of rail terminating on the line within the meaning of 49 of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any service on the line (or by a state or local CFR 1152.50(b), citing, Union Pacific Railroad request for a stay should be filed as soon as possible Company—Abandonment Exemption—in Ada so that the Board may take appropriate action before government entity acting on behalf of County, ID, STB Docket No. AB–33 (Sub-No. 137X) the exemption’s effective date. such user) regarding cessation of service (STB served Aug. 6, 1999). 3 Each OFA must be accompanied by the filing over the line either is pending with the 2 The Board will grant a stay if an informed fee, which increases to $1,200, effective October 31, Board or with any U.S. District Court or decision on environmental issues (whether raised 2004. See Regulations Governing Fees for Services by a party or by the Board’s Section of Performed in Connection with Licensing and has been decided in favor of Environmental Analysis (SEA) in its independent Related Services—2004 Update, STB Ex Parte No. complainant within the 2-year period; investigation) cannot be made before the 542 (Sub-No. 11) (STB served Oct. 1, 2004). See 49 and (4) the requirements at 49 CFR exemption’s effective date. See Exemption of Out- CFR 1002.2(f)(25).

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Washington, DC 20423–0001) or by conditions will be imposed, where barriers to consummation, the authority calling SEA, at (202) 565–1539. appropriate, in a subsequent decision. to abandon will automatically expire. [Assistance for the hearing impaired is Pursuant to the provisions of 49 CFR Board decisions and notices are available through the Federal 1152.29(e)(2), RRVW shall file a notice available on our Web site at Information Relay Service (FIRS) at 1– of consummation with the Board to ‘‘www.stb.dot.gov.’’ 800–877–8339]. Comments on signify that it has exercised the Decided: October 27, 2004. environmental and historic preservation authority granted and fully abandoned By the Board, David M. Konschnik, matters must be filed within 15 days the line. If consummation has not been Director, Office of Proceedings. after the EA becomes available to the effected by RRVW’s filing of a notice of Vernon A. Williams, public. consummation by November 3, 2005, Secretary. Environmental, historic preservation, and there are no legal or regulatory [FR Doc. 04–24502 Filed 11–2–04; 8:45 am] public use, or trail use/rail banking BILLING CODE 4915–01–P

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Corrections Federal Register Vol. 69, No. 212

Wednesday, November 3, 2004

This section of the FEDERAL REGISTER April 30, 2004, make the following contains editorial corrections of previously correction: published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are §81.336 [Amended] prepared by the Office of the Federal Register. Agency prepared corrections are On page 23926, in §81.336, the table issued as signed documents and appear in ‘‘Ohio—Ozone (8-Hour Standard),’’ is the appropriate document categories corrected to read in part set forth below. elsewhere in the issue.

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [OAR–2003–0083; FRL–7651–8] RIN 2060–

Air Quality Designations and Classifications for the 8-Hour Ozone National Ambient Air Quality Standards; Early Action Compact Areas With Deferred Effective Dates Correction In rule document 04–9152 beginning on page 23858 in the issue of Friday,

OHIO—OZONE (8-HOUR STANDARD)

Designation a Category/classification Designated area Date 1 Type Date 1 Type

Canton-Massillion, OH: Stark County ...... Nonattainment ...... Subpart 1. Cincinnati-Hamilton, OH–KY–IN: Butler County ...... Nonattainment ...... Subpart 1. Clermont County ...... Nonattainment ...... Subpart 1. Clinton County ...... Nonattainment ...... Subpart 1. Hamilton County ...... Nonattainment ...... Subpart 1. Warren County ...... Nonattainment ...... Subpart 1. Cleveland-Akron-Lorain, OH ...... Nonattainment ...... Subpart 2/Moderate. Ashtabula County Cuyahoga County Geauga County Lake County Lorain County Medina County Portage County Summit County Columbus, OH: Delaware County ...... Nonattainment ...... Subpart 1. Fairfield County ...... Nonattainment ...... Subpart 1. Franklin County ...... Nonattainment ...... Subpart 1. Knox County ...... Nonattainment ...... Subpart 1. Licking County ...... Nonattainment ...... Subpart 1. Madison County ...... Nonattainment ...... Subpart 1. Dayton-Springfield, OH: Clark County ...... Nonattainment ...... Subpart 1. Greene County ...... Nonattainment ...... Subpart 1. Miami County ...... Nonattainment ...... Subpart 1. Montgomery County ...... Nonattainment ...... Subpart 1. ******* a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is June 15, 2004, unless otherwise noted.

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[FR Doc. C4–9152 Filed 11–2–04; 8:45 am] SECURITIES AND EXCHANGE Tuesday, October 19, 2004, make the BILLING CODE 1505–01–D COMMISSION following correction: On page 61536, in the second column, [Release No. 34–50501; File No. SR–NASD– under section IV. Solicitation of 2004–138] Comments, in the last paragraph, in the Self-Regulatory Organizations; Notice last line, the date ‘‘November 8, 2004’’ of Filing and Order Granting should read, ‘‘November 9, 2004’’. Accelerated Approval of a Proposed [FR Doc. Z4–2709 Filed 11–2–04; 8:45 am] Rule Change by National Association BILLING CODE 1505–01–D of Securities Dealers, Inc. Relating to the Listing and Trading of Performance Leveraged Upside Securities Based on the Value of the Dow Jones Euro Stoxx 50 Index Correction In notice document E4–2709 beginning on page 61533 in the issue of

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Part II

Department of Housing and Urban Development Notice of Funding Availability for Revitalization of Severely Distressed Public Housing; HOPE VI Revitalization Grants Fiscal Year 2004; Notice

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DEPARTMENT OF HOUSING AND 5. A match of five percent is required. the entity that is established to own and URBAN DEVELOPMENT 6. Each applicant may submit only operate the replacement units (e.g., as one HOPE VI revitalization application. the general partner of a limited [Docket No. FR–4921–N–01] 7. Application materials may be partnership). Notice of Funding Availability for obtained over the Internet from HUD’s 2. Leverage. See Section III.C.4. and Revitalization of Severely Distressed grants site: http://www.hud.gov/offices/ IV.B.6.c. of this NOFA for the meaning Public Housing; HOPE VI Revitalization adm/grants/otherhud.cfm. Technical of leverage. 3. Replacement Housing. Under this Grants Fiscal Year 2004 corrections and frequently asked questions will also be posted on this HOPE VI NOFA, a HOPE VI AGENCY: Office of the Assistant Web site. replacement housing unit shall be Secretary for Public and Indian 8. HUD’s general policy requirements deemed to be any combination of public Housing, HUD. apply to all HUD federal financial housing rental units, eligible ACTION: Notice of funding availability. assistance NOFAs for Fiscal Year (FY) homeownership units under Section 2004. These policies cover those NOFAs 24(d)(1)(J) of the 1937 Act, and HCV Overview Information: issued under HUD’s Super Notice of assistance that does not exceed the A. Federal Agency Name. Department Funding Availability (SuperNOFA) (69 number of units demolished and of Housing and Urban Development, FR 26941) as well as those issued after disposed of at the targeted severely Office of Public and Indian Housing. the SuperNOFA is published in the distressed public housing project. B. Funding Opportunity Title. Federal Register. 4. Severely Distressed. a. In Revitalization of Severely Distressed accordance with Section 24(j)(2) of the Public Housing HOPE VI Revitalization Full Text of Announcement 1937 Act, the term ‘‘severely distressed Grants Fiscal Year 2004. I. Funding Opportunity Description public housing’’ means a public housing C. Announcement Type. Initial project (or building in a project) that: announcement. A. Program Description. In (1) Requires major redesign, D. Funding Opportunity Number. The accordance with Section 24(a) of the reconstruction, or redevelopment—or Federal Register number for this NOFA United States Housing Act of 1937 (1937 partial or total demolition—to correct is: FR–4921–N–01. The OMB approval Act) (42 U.S.C. 1437v), the purpose of serious deficiencies in the original number for this program is: 2577–0208. HOPE VI revitalization grants is to assist design (including inappropriately high E. Catalog of Federal Domestic PHAs to: population density), deferred Assistance (CFDA) Number. The CFDA 1. Improve the living environment for maintenance, physical deterioration or number for this NOFA is 14–866, public housing residents of severely obsolescence of major systems, and ‘‘Demolition and Revitalization of distressed public housing projects other deficiencies in the physical plan Severely Distressed Public Housing through the demolition, rehabilitation, of the project; (HOPE VI).’’ reconfiguration, or replacement of (2) Is a significant contributing factor F. Dates. 1. Application Due Date: obsolete public housing projects (or to the physical decline of, and The application due date shall be portions thereof); disinvestment by public and private February 1, 2005. See the General 2. Revitalize sites (including entities in, the surrounding Section of the SuperNOFA (69 FR remaining public housing dwelling neighborhood; 26941) for application submission, units) on which such public housing (3) (a) Is occupied predominantly by delivery, and timely receipt projects are located and contribute to families who are very low-income requirements. the improvement of the surrounding families with children, have 2. Estimated Grant Award Date: The neighborhood; unemployed members, and are estimated award date will be 3. Provide housing that will avoid or dependent on various forms of public approximately May 2, 2005. decrease the concentration of very low- assistance; (b) has high rates of G. Optional, Additional Overview income families; and vandalism and criminal activity Content Information. 1. This NOFA 4. Build sustainable communities. (including drug-related criminal announces the availability of B. Authority. 1. The funding authority activity) in comparison to other housing approximately $120 million in FY2004 for HOPE VI revitalization grants under in the area; or (c) is lacking in sufficient funds for HOPE VI Revitalization this HOPE VI NOFA is provided by the appropriate transportation, supportive Program grants, with approximately $20 Consolidated Appropriations Act, 2004 services, economic opportunity, million additional for grant-related (Pub. L. 108–199, approved January 23, schools, civic and religious institutions, housing choice voucher (HCV) 2004) under the heading ‘‘Revitalization or public services, resulting in severe assistance. of Severely Distressed Public Housing social distress in the project; 2. The maximum amount of each (HOPE VI).’’ (4) Cannot be revitalized through grant award is $20 million. It is 2. The program authority for the assistance under other programs, such anticipated that six grant awards will be HOPE VI program is Section 24 of the as the Capital Fund and Operating Fund made. 1937 Act, as amended by Section 402 of programs for public housing under the 3. Housing choice voucher assistance the HOPE VI Program Reauthorization 1937 Act, or the programs under is available to successful applicants that and Small Community Mainstreet Sections 9 or 14 of the 1937 Act (as in receive the revitalization grant award. Rejuvenation and Housing Act of 2003 effect before the effective date under The dollar amount of HCV assistance is (Pub. L. 108–186, approved December Section 503(a) of the Quality Housing in addition to the $20 million maximum 16, 2003). and Work Responsibility Act of 1998 award amount. C. Definitions. 1. Developer. A (Pub. L. 105–276, approved October 21, 4. All public housing authorities developer is an entity contracted to 1998), because of cost constraints and (PHAs) with severely distressed public develop (and possibly operate) a mixed inadequacy of available amounts; and housing are eligible to apply. PHAs that finance development that includes (5) In the case of an individual manage only a HCV program, tribal public housing units, pursuant to 24 building: PHAs and tribally-designated housing CFR part 941, subpart F. A developer (a) Is sufficiently separable from the entities are not eligible. most often has an ownership interest in remainder of the project of which the

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building is part, such that the off-site replacement housing, in and English as a Second Language revitalization of the building is feasible; accordance with 24 CFR 968.112(b), (d), courses, as needed. or (e), and (g)–(o) and 24 CFR 968.130 and (3) Readiness and retention activities, (b) Was part of a project described in 968.135(b) and (d) or successor which frequently are key to securing your application’s response to Section regulations, as applicable. private sector commitments to the V.A. of this NOFA that has been legally 5. Development. Development of provision of jobs. vacated or demolished, but for which public housing replacement units and (4) Employment training activities HUD has not yet provided replacement other units (e.g., market-rate units), that include results-based job training, housing assistance (other than tenant- provided a need exists for such units preparation, counseling, development, based assistance). ‘‘Replacement and such development is performed placement, and follow-up assistance housing assistance’’ are funds that have with non-public housing funds. after job placement. been furnished by HUD to perform 6. Homeownership Activities. (5) Programs that provide entry-level, major rehabilitation on, or Assistance involving the rehabilitation registered apprenticeships in reconstruction of, the public housing and development of homeownership construction, construction-related, units that have been legally vacated or units. Assistance may include: maintenance, or other related activities. demolished. a. Downpayment or closing cost A registered apprenticeship program is b. For the purposes of the ‘‘severely assistance; a program that has been registered with distressed’’ threshold requirement, b. Second mortgages; or either a State Apprenticeship Agency Replacement Housing Factor funds will c. Construction or permanent recognized by the Department of Labor’s not be considered as ‘‘replacement financing for new construction, (DOL) Office of Apprenticeship housing assistance.’’ acquisition, or rehabilitation costs Training, Employer and Labor Services c. A severely distressed project that related to homeownership replacement (OATELS) or, if there is no recognized has been legally vacated or demolished units. state agency, by OATELS. See also DOL (but for which HUD has not yet 7. Acquisition. Acquisition of rental regulations at 29 CFR part 29. provided replacement housing units, land for the development of off- (6) Life skills training on topics such assistance, other than tenant-based site replacement units, and land for as parenting, consumer education, and assistance) must have met the definition economic development-related family budgeting. of physical distress not later than the activities. (7) Creation and operation of credit day the demolition application approval unions to serve residents, including 8. Management Improvements. letter was dated by HUD. capitalization and technical assistance Necessary management improvements, D. Eligible Revitalization Activities. to foster new credit unions on-site and including transitional security activities. HOPE VI Revitalization grants may be to encourage existing community credit 9. Administration, Planning, Etc. used for activities to carry out unions to expand their coverage to Administration, planning, technical revitalization programs for severely include on-site coverage. assistance, and other activities distressed public housing in accordance (8) Homeownership counseling that is (including architectural and engineering with Section 24(d) of the 1937 Act. scheduled to begin promptly after grant work, program management, and Revitalization activities approved by award so that, to the maximum extent reasonable legal fees) that are related to HUD must be conducted in accordance possible, qualified residents will be the implementation of the Revitalization with the requirements of this NOFA. ready to purchase new homeownership Plan, as approved by HUD. See Cost The following is a list of eligible units when they are completed. The Control Standards in Section IV.E. of activities. Family Self-Sufficiency program can this NOFA. 1. Relocation. Relocation, including also be used to promote reasonable moving expenses, for 10. Community and Supportive homeownership, providing assistance residents displaced as a result of the Services (CSS). a. The CSS component with escrow accounts and counseling. revitalization of the project. See of the HOPE VI program encompasses (9) Coordinating with health care Sections III.C., IV.B. and V.A.6. of this all activities that are designed to providers or providing on-site space for NOFA for relocation requirements. promote upward mobility, self- health clinics, doctors, wellness centers, 2. Demolition. Demolition of dwelling sufficiency, and improved quality of life dentists, etc. that will primarily serve units or nondwelling facilities, in whole for the residents of the public housing the public housing residents. HOPE VI or in part, although demolition is not a project involved. funds may not be used to provide direct required element of a HOPE VI b. CSS activities. CSS activities may medical care to residents. Revitalization Plan. include, but are not limited to: (10) Substance and alcohol abuse 3. Disposition. Disposition of a (1) Educational activities that promote treatment and counseling. severely distressed public housing site, learning and serve as the foundation for (11) Activities that address domestic by sale or lease, in whole or in part, in young people from infancy through high violence treatment and prevention. accordance with Section 18 of the 1937 school graduation, helping them to (12) Child care services that provide Act and implementing regulations at 24 succeed in academia and the sufficient hours of operation to facilitate CFR part 970. A lease of one year or professional world. Such activities, parental access to education and job more that is not incident to the normal which include after-school programs, opportunities, serve appropriate age operation of a project is considered a mentoring, and tutoring, must be groups, and stimulate children to learn. disposition that is subject to Section 18 created with strong partnerships with (13) Transportation, as necessary, to of the 1937 Act. public and private educational enable all family members to participate 4. Rehabilitation and Physical institutions. in available CSS activities and to Improvement. Rehabilitation and (2) Adult educational activities, commute to their places of employment. physical improvement of public housing including remedial education, literacy (14) Entrepreneurship training and and community facilities primarily training, tutoring for completion of mentoring, with the goal of establishing intended to facilitate the delivery of secondary or postsecondary education, resident-owned businesses. community and supportive services for assistance in the attainment of 11. Leveraging. Leveraging other residents of the project and residents of certificates of high school equivalency, resources, including additional housing

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resources, supportive services, job 3. Troubled Status. If HUD has Demolition grants and Capital Funds creation, and other economic designated your housing authority as may be included). In addition, other development uses on or near the project troubled pursuant to Section 6(j)(2) of federal sources, any state or local that will benefit future residents of the the 1937 Act, HUD will use documents government source, any private site. and information available to it to contributions, the value of donated 12. SuperNOFA Reference. Section I, determine whether you qualify as an material or buildings, the value of any ‘‘Funding Opportunity Description,’’ of eligible applicant. In accordance with lease on a building, the value of the time the Notice of HUD’s Fiscal Year 2004 Section 24(j) of the 1937 Act, the term and services contributed by volunteers, Notice of Funding Availability (NOFA) ‘‘applicant’’ means: and the value of any other in-kind Policy Requirements and General a. Any PHA that is not designated as services or administrative costs Section to the Super NOFA for HUD’s ‘‘troubled’’ pursuant to Section 6(j)(2) of provided. Discretionary Programs (SuperNOFA), the 1937 Act; b. Any PHA for which a d. Match donations must be firmly Docket No. FR–4900-N–01, published in private housing management agent has committed. ‘‘Firmly committed’’ means the Federal Register on May 14, 2004, been selected, or a receiver has been that the amount of match resources and is hereby incorporated by reference. appointed, pursuant to Section 6(j)(3) of their dedication to HOPE VI the 1937 Act; and c. Any PHA that is Revitalization activities must be II. Award Information designated as ‘‘troubled’’ pursuant to explicit, in writing, and signed by a A. Availability of HOPE VI Funds. Section 6(j)(2) of the 1937 Act and that: person authorized to make the (1) Is designated as troubled commitment. Funds available principally for reasons that will not e. You may propose to use your own for award in this affect its capacity to carry out a non-public housing grant funds to meet Type of assistance HOPE VI NOFA (approximate) revitalization program; the match requirement. (2) Is making substantial progress f. Matching funds must be directly Revitalization Grants ...... $120,000,000 toward eliminating the deficiencies of applicable to the revitalization of the Housing Choice Voucher the agency that resulted in its troubled site and the transformation of the lives Assistance ...... 20,000,000 status; or of residents. (3) Is otherwise determined by HUD g. The PHA’s staff time is not an Total ...... 140,000,000 to be capable of carrying out a eligible cash or in-kind match. revitalization program. h. See Section IV.B.3 of this NOFA for 1. Revitalization Grants. B. Cost Sharing or Matching. match documentation requirements. Approximately $120 million of the 1. Match Requirements. C. Other. FY2004 HOPE VI appropriation has a. Revitalization Grant Match. HUD is 1. Thresholds. If you have not met a been allocated to fund HOPE VI required by the Quality Housing and threshold, or have not included in the Revitalization grants and will be Work Responsibility Act (42 U.S.C. application the complete, correct, awarded in accordance with this NOFA. 1437v(c)(1)(A)) to include the required documentation that There will be approximately six awards. requirement for matching funds for all demonstrates the threshold has been 2. Housing Choice Voucher HOPE VI-related grants. You are met, the application will not be rated or Assistance. Approximately $20 million required to have in place a match in the ranked and will be ineligible for of the HOPE VI appropriation will be amount of 5 percent of the requested funding. Threshold insufficiency cannot allocated for Housing Choice Voucher grant amount in cash or in-kind be cured after the application due date. (HCV) assistance. HCV assistance will donations. Applications that do not See Section IV.B. of this NOFA for be provided to HOPE VI Revitalization demonstrate the minimum 5 percent documentation requirements. NOFA awardees. If $20 million is more match will not be considered for a. One application. Each applicant than the amount necessary to fund the funding. may submit only one HOPE VI HOPE VI grantee’s HCV needs, the b. Additional Community and Revitalization application as described remaining funds will be used for other Supportive Services (CSS) Match. in this NOFA. If a single applicant eligible activities under Section 24 of (1) In addition to the 5 percent submits more than one application, all the 1937 Act. revitalization grant match in Section a. applications will be disqualified and no 5. SuperNOFA Reference. Section II., above, you may be required to have in application will be eligible for funding. ‘‘Funding Available,’’ of the place a CSS match. Funds used for the b. Appropriateness of Proposal. In SuperNOFA is hereby incorporated by Revitalization grant match cannot be accordance with Section 24(e)(1) of the reference. used for the CSS match. 1937 Act, each application must (2) If you are selected for funding demonstrate the appropriateness of the III. Eligibility Information through this NOFA, you may use up to proposal (revitalization plan) in the A. Eligible Applicants. 1. PHAs that 15 percent of your grant for such context of the local housing market have severely distressed housing in activities. However, if you propose to relative to other alternatives. You must their inventory and are otherwise in use more than 5 percent of your HOPE briefly discuss other possible conformance with the threshold VI grant for CSS activities, you must alternatives to your proposal and requirements provided in Section III.C. have in place funds from sources other explain why your plan is more of this NOFA. See Section IV.B.4. of this than HOPE VI, that match the amount appropriate. This is a statutory NOFA for threshold documentation between 5 and 15 percent of the grant requirement and an application requirements. that you will use for CSS activities. threshold. If you do not demonstrate the 2. Housing Choice Voucher Programs c. In accordance with Section 24(c) of appropriateness of the proposal Only and Tribal Housing Agencies. the Act, for purposes of calculating the (revitalization plan) in the context of the PHAs that only administer HCV amount of matching funds required by local housing market relative to other programs, e.g., Section 8, HCV, and Sections a. and b. above, you may alternatives, your application will not tribal PHAs and tribally-designated include amounts from public housing be rated or ranked and will be ineligible housing entities, are not eligible to sources other than HOPE VI for funding. Examples of alternative apply. Revitalization (such as HOPE VI proposals may include:

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(1) Rebuilding or rehabilitating an that you are planning to use public targeted units. For example, if a project existing project or units at an off-site housing funds, which include HOPE VI has 700 units and you were awarded a location that is in an isolated, non- funds, to develop: retail or commercial HOPE VI Revitalization grant or other residential, or otherwise inappropriate space; economic development space HUD public housing funds to address area; (community building, etc.); or housing 300 of those units, you may submit an (2) Proposing a range of incomes, units that are not Replacement Housing FY2004 HOPE VI Revitalization housing types (rental, homeownership, (See Section I.C. of this NOFA), your application to revitalize the remaining market-rate, public housing, townhouse, application will not be rated or ranked 400 units. You may not apply for funds detached house, etc.), or costs which and will be ineligible for funding. See to supplement work on the original 300 cannot be supported by a market Section IV.B.4. for documentation units. If you request funds to revitalize analysis; or requirements regarding this threshold. units or buildings that have been funded (3) Proposing to use the land in a f. Open Inspector General Audits. (1) by an existing HOPE VI Revitalization manner that is contrary to the goals of If you have an open Inspector General grant or other HUD funds, your your agency. (IG) or Government Accountability application will not be rated or ranked c. Contiguous, Single, and Scattered- Office (GAO) audit finding that has not and will be ineligible for funding. Site Projects. Except as provided in been resolved to HUD’s satisfaction i. Program Schedule. Your application sections (1) and (2) below, each before the due date of this NOFA, the must contain a program schedule that application must target one severely application will not be rated or ranked provides a feasible plan to meet the distressed public housing project (i.e., and will be ineligible for funding. schedule requirements of Section with one project number). (2) HUD’s decision regarding whether VI.B.2. of this NOFA, with no (1) Contiguous Projects. Each a charge, lawsuit, or a letter of findings impediments such as litigation that application may request funds for more has been satisfactorily resolved will be would prevent timely startup. The than one project if those projects are based on whether appropriate actions program schedule must indicate the immediately adjacent to one another or have been taken to address the findings. date on which the development within a quarter-mile of each other. If g. Performance of Existing HOPE VI proposal, i.e., whether mixed-finance you include more than one project in Grantees. (1) The application will not be development, homeownership your application, you must provide a rated or ranked and will be ineligible for development, etc., for each phase of the map that clearly indicates that the funding if you have an existing HOPE VI revitalization plan will be submitted to projects are within a quarter-mile of Revitalization grant, and HUD. For application evaluation only, each other. If HUD determines that they (a) The grant development is you should assume the following award are not, your application will be delinquent due to actions or inactions and post-award dates. ineligible for funding. that are not beyond the control of the (2) Scattered Site Projects. Your grantee; and Milestone Date application may request funds to (b) The grantee is not making revitalize a scattered site public housing substantial progress toward eliminating Grant Award ...... April 1, 2005. project. The sites targeted in an the delinquency. Grant Agreement Exe- July 1, 2005. application proposing to revitalize cution. (2) ‘‘Delinquent’’ means that resident HUD’s written request August 1, 2005. scattered sites (regardless of whether the relocation, unit demolition, unit scattered sites are under multiple for Supplemental construction, unit rehabilitation, unit Submissions. project numbers) must fall within an occupancy, or unit re-occupancy have HUD’s approval of Sup- September 1, 2005. area with a one-mile radius. You may not occurred in accordance with the plemental Submis- identify a larger site if you can show grantee’s current Revitalization Plan. sions. that all of the targeted scattered site (3) Reasons that are beyond the units are located within the hard edges control of the grantee include, but are If grant award takes place after (e.g., major highways, railroad tracks, not limited to, the following: October 1, 2004, the grantee’s program lakeshore, etc.) of a neighborhood. If (a) Litigation; schedule may be changed in the you propose to revitalize a project that (b) Court Orders; and Supplemental Submissions to account extends beyond a one-mile radius or is (c) Emergency and natural disasters. for the period of time between October otherwise beyond the hard edges of a (4) HUD will use documents and 1, 2004, and the actual date of grant neighborhood, your application will not information available to it to determine award. If your application does not be rated or ranked and will be ineligible whether the grant is delinquent due to contain a program schedule, as for funding. reasons that are beyond the control of described above, the application will d. Desegregation Orders. You must be the grantee and whether the grantee is not be rated or ranked and will be in full compliance with any making substantial progress toward ineligible for funding. desegregation or other court order and eliminating the delinquency. j. Separability. In accordance with voluntary compliance agreements h. Previously Funded Sites. You may Section 24(j)(2)(A)(v) of the 1937 Act, if related to Fair Housing (e.g., Title VI of submit a Revitalization application that you propose to target only a portion of the Civil Rights Act of 1964, the Fair targets a project that is being revitalized a project for revitalization, you must: Housing Act, and Section 504 of the or replaced under an existing HOPE VI (1) Demonstrate to HUD’s satisfaction Rehabilitation Act of 1973) that affects Revitalization grant. However, you may that the severely distressed public your public housing program and that is not apply for new HOPE VI housing is sufficiently separable from in effect on the date of application Revitalization funds for units in that the remainder of the project of which submission. If you are not in full project that were funded by the existing the building is part to make use of the compliance with any desegregation or HOPE VI Revitalization grant or other building feasible for revitalization. other court orders, your application will HUD funds which are used to achieve Separations may include a road, berm, be ineligible for funding. significant revitalization of units (as catch basin, or other recognized e. Non-Public Housing Funding for opposed to regular upkeep), even if neighborhood distinction. Non-Public Housing or Replacement those funds are inadequate to pay the (2) Demonstrate that the site plan and Units. If the application demonstrates costs to revitalize or replace all of the building designs of the revitalized

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portion will provide defensible space (3) For example, if you propose to funding. For these thresholds, for the occupants of the revitalized develop housing on land that is insufficiency cannot be cured after the building(s) and that the properties that currently zoned as parkland, you must application due date. See Section IV.B. remain will not have a negative provide evidence in the application that of this NOFA for documentation influence on the revitalized buildings(s), the zoning change has been secured to requirements. either physically or socially. permit housing development. If you (1) Selection of Developer. You must (3) If your application does not propose to keep the land as parkland, certify that: demonstrate separability, your you must provide a certification in the (a) You have initiated an RFQ by the application will not be rated or ranked application that the zoning is for application due date for the competitive and will be ineligible for funding. parkland. procurement of a developer for your k. Severe Distress of Target Project. (4) If zoning approval/certification is first phase of construction, in The targeted public housing project or not properly included in your accordance with 24 CFR 85.36 and 24 building in a project targeted by a HOPE application, the application will not be CFR 941.602(d) (as applicable). If you VI Revitalization application must be rated or ranked and will be ineligible for change developers after you are selected severely distressed. See Section I.C. of funding. for funding, HUD reserves the right to this NOFA for the definition of n. Requirements and Procedures rescind the grant; or ‘‘severely distressed.’’ If the targeted Applicable to All Programs: (1) (b) You will act as your own project or building is not severely SuperNOFA References. The following developer for the proposed project. If distressed, your application will not be subsections of Section III.C. of the you change your plan and procure an rated or ranked and will be ineligible for SuperNOFA are hereby incorporated by outside developer after you are selected funding. reference: for funding, HUD reserves the right to l. Site Control. (1) If you propose to (a) Dun and Bradstreet Data Universal rescind the grant. develop off-site housing in any phase of Numbering System (DUNS) Number (2) Resident Involvement in your proposed revitalization plan, you Requirement; Revitalization Program. You must certify that you have MUST provide evidence in your (b) Compliance with Fair Housing and involved affected public housing application that you (not your Civil Rights Laws; residents at the beginning and during developer) have site control of the (c) Conducting Business In the planning process for the property(ies). Accordance with Core Values and revitalization program, prior to (2) Site control may only be Ethical Standards; submission of your application. If you contingent upon: (d) Delinquent Federal Debts; (e) Name Check Review; have not included affected residents (a) The receipt of the HOPE VI grant; (f) False Statements; your application will not be rated or (b) Satisfactory compliance with the (g) Prohibition Against Lobbying ranked and will be ineligible for environmental review requirements of Activities; funding. See Section III.C.4. of this this NOFA; and (h) Debarment and Suspension. NOFA for minimum training and (c) The site and neighborhood (i) Statutory and Regulatory meeting requirements and Section IV.B. standards in Section III.C.4. of this Requirements; and of this NOFA for documentation NOFA. (j) Ineligible Applicants. requirements. (3) If you demonstrate site control (2) Salary Limitation for Consultants. b. Omission of any of the mandatory through an option to purchase, the FY2004 funds may not be used to pay documentation listed in Section IV.B. of option must extend for at least 180 days or to provide reimbursement for this NOFA is considered a Technical after the application due date. payment of the salary of a consultant Deficiency and must be cured (4) If you propose to develop off-site whether retained by the federal (corrected) within the cure period stated housing and you do not provide government or the grantee at more than in Section IV.B. of the SuperNOFA. acceptable evidence of site control, your the daily equivalent of the rate paid for Applications that remain deficient after ENTIRE application will not be rated or level IV of the Executive Schedule, the cure period will not be rated or ranked and will be ineligible for unless specifically authorized by law. ranked and will be ineligible for funding. 2. Thresholds—Applicant funding. m. Zoning Approval. (1) If you are Certifications Covered by the Standard (1) Operation and Management proposing to use off-site parcels of land Form 424. By signing and submitting Principles and Policies Certification. for housing development or other uses the Application for Federal Assistance, You must certify that you will that, until this point in time have been Standard Form 424, you are certifying to implement the Operation and zoned for a purpose different than the all of the thresholds listed in this Management Principles and Policies one proposed in your revitalization section. A false statement in an stated in Section III.C.4.h. of this NOFA. plan, your application must include: application is grounds for denial or (2) Relocation Plan Certification. (a) A certification from the termination of an award and grounds for (a) You must certify that the HOPE VI appropriate local official documenting possible punishment as provided in 18 Relocation Plan has been completed and that all required zoning approvals have U.S.C. 1001, 1010, and 1012, and 32 that it conforms to the Uniform been secured for such parcels; or U.S.C. 3729 and 3802. See Section IV.B. Relocation Assistance and Real Property (b) The actual zoning approval of this NOFA for any documentation Acquisition Policies Act of 1970 (URA) document(s) for the parcel(s). requirements related to these requirements as described in Section (2) If you are proposing to use off-site certifications. a. If you have not met a V.A.6. of this NOFA. parcels of land for housing development threshold on or before the application (b) If relocation was completed (i.e., or other uses and those parcels are due date, or have not included in the the targeted public housing site is already zoned for your chosen use, your application the complete, correct, vacant) as of the application due date, application must include a certification required documentation that rather than certifying that the HOPE VI signed by the executive director stating demonstrates the threshold has been Relocation Plan has been completed, that all current zoning allows all met, the application will not rated or you certify that the relocation was proposed HOPE VI activities. ranked and will be ineligible for completed.

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(3) Resident Involvement in the remain deficient after the cure period (b) A demolition application under Revitalization Program Certification. will not be rated or ranked and will be Section 18 of the 1937 Act. While a You must certify that resident training ineligible for funding. See Section IV.B. Section 18 approval is not required by sessions and public meetings were held of this NOFA for any documentation HOPE VI demolition, you will not have and that you involved affected public requirements related to these to wait for demolition approval through housing residents at the beginning and certifications. your supplemental submissions, as during the planning process for the (1) Market-rate Housing: Market described in Section (a) above; or revitalization program prior to Assessment Certification. If you include (c) A Section 202 Mandatory submission of an application. market-rate housing, community Conversion Plan, in compliance with (4) Standard Certifications. The last facilities (if market-driven, e.g., a YMCA regulations at 24 CFR part 971 and other part of your application will be or a community facility that is primarily applicable HUD requirements, if the comprised of standard certifications intended to facilitate the delivery of project is subject to Mandatory common to many HUD programs. community and supportive services for Conversion (Section 202 of the Omnibus Required forms must be included in the residents of the targeted severely Consolidated Rescissions and HOPE VI application and will be distressed public housing project and of Appropriations Act of 1996 Pub. L. 104– available over the Internet at http:// off-site replacement housing does not 134, approved on April 26, 1996). A www.hud.gov/offices/adm/grants/ need to be addressed in the market Mandatory Conversion Plan concerns otherhud.cfm. assessment letter), economic the removal of a public housing project 3. Thresholds—Third-Party development, and retail structures in from a PHA’s inventory. Certifications. The following third-party your Revitalization Plan, you must b. Development. (1) For any standard certifications must be included in your provide a certification by an (non-mixed finance) public housing application. a. If you have not included independent, third party, credentialed development activity (whether on-site in the application, on or before the market research firm, or professional reconstruction or off-site development), application due date, the complete, that describes its assessment of the you must obtain HUD approval of a correct, required documentation that demand and associated pricing structure standard development proposal demonstrates the threshold has been for the proposed residential units and submitted under 24 CFR part 941 (or met, the application will not rated or any community facilities, economic successor part). ranked and will be either ineligible for development, and retail structures, (2) For mixed-finance housing funding or have its funding limited, based on the market and economic development, you must obtain HUD based upon the threshold. For these conditions of the project area. approval of a mixed finance proposal, thresholds, insufficiency regarding these (2) HOPE VI Revitalization Applicant submitted under 24 CFR part 941, thresholds cannot be cured after the Certifications. You must include in your subpart F (or successor part and application due date. See Section IV.B. application a certification from the of this NOFA for any documentation Chairman of your Board of subpart). requirements related to these Commissioners to the requirements (3) For new construction of certifications. listed in the HOPE VI Revitalization community facilities primarily intended (1) Cost Control Standards. Your cost Applicant Certifications. This to facilitate the delivery of community estimates must be certified to meet the certification is provided on the Internet and supportive services for residents of cost control standards stated in Section at http://www.hud.gov/offices/adm/ the project and residents of off-site IV.E. by an independent cost estimator, grants/otherhud.cfm. replacement housing, you must comply architect, engineer, contractor, or other 4. Program Requirements. with 24 CFR part 941 (or successor qualified third party professional. If a. Demolition. (1) You may not carry part). Information required for this your costs are not certified, your out nor permit others to carry out the activity must be included in either a application will not be rated or ranked demolition of the project or any portion standard or mixed finance development and will be ineligible for funding. of the project until HUD approves, in proposal, as applicable. (2) Severely Distressed Certification. writing, one of the following, and until c. Homeownership. (1) For You must certify that the target project HUD has also approved a Request for homeownership replacement units is severely distressed. In order to certify Release of Funds submitted in developed under a Revitalization Plan, to severe physical distress, your accordance with 24 CFR part 58 or, if you must obtain HUD approval of a application must include a certification HUD performs an environmental review homeownership proposal. Your that is signed by an engineer or architect under 24 CFR part 50, until HUD has homeownership proposal must conform licensed by a state licensing board. The approved in writing the property for to either: license does not need to have been demolition following its environmental (a) Section 24(d)(1)(J) of the 1937 Act; issued in the same state as the severely review. or distressed project. The engineer or (a) Information in your HOPE VI (b) Section 32 of the 1937 Act (see 24 architect must include his or her license Revitalization Application, along with CFR part 906). Additional information number and state of registration on the Supplemental Submissions requested by on this option may be found at http:// certification. The engineer or architect HUD after the award of the grant. www.hud.gov/offices/pih/centers/sac/ may not be an employee of the housing Section 24(g) of the 1937 Act provides homeownership. authority or the city. A Certification of that severely distressed public housing (2) The homeownership proposal Severe Physical Distress is provided on demolished pursuant to a Revitalization must be consistent with the 80 percent the Internet at http://www.hud.gov/ Plan is not required to be approved by of Area Median Income (AMI) offices/adm/grants/otherhud.cfm. a demolition application under Section limitations and any other applicable b. Omission of any of the mandatory 18 of the 1937 Act or regulations at 24 provisions under the 1937 Act. (HUD documentation listed in this section is CFR part 970. If you do not receive a publishes AMI tables for each family considered a technical deficiency and HOPE VI Revitalization grant, the size in each locality annually. The must be cured (corrected) within the information in your application will not income limit tables can be found at cure period stated in Section IV.B.4. of be used to process a request for http://www.huduser.org/datasets/il/ the SuperNOFA. Applications that demolition; il04/index.html.)

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d. Acquisition. (1) Acquisition units, recycling of demolition debris, also have programs that will assist in Proposal. Before you undertake any and reusing of salvage materials in new energy efficient building techniques. acquisition activities with HOPE VI or construction. ‘‘A Guide to (e) You must use new technologies other public housing funds, you must Deconstruction’’ can be found at http:/ that will conserve energy and decrease obtain HUD approval of an acquisition /www.hud.gov/deconstr.pdf. operating costs where cost effective. proposal that meets the requirements of (3) Partnership for Advancing Examples of such technologies include: 24 CFR 941.303. Technology in Housing (PATH). HUD (i) Geothermal heating and cooling; (2) Rental Units. For acquisition of encourages you to use PATH (ii) Placement of buildings and size of rental units in existing or new technologies in the construction and eaves that take advantage of the apartment buildings, single family delivery of replacement housing. PATH directions of the sun throughout the subdivisions, etc., with or without is a voluntary initiative that seeks to year; rehabilitation, for use as public housing accelerate the creation and widespread (iii) Photovoltaics (technologies that replacement units, you must obtain use of advanced technologies to convert light into electrical power); HUD approval of a Development (iv) Extra insulation; radically improve the quality, (v) Smart windows; and Proposal in accordance with 24 CFR durability, environmental performance, 941.304 (conventional development) or (vi) Energy Star appliances. energy efficiency, and affordability of (5) Universal Design. HUD encourages 24 CFR 941.606 (mixed finance our Nation’s housing. you to incorporate the principles of development). (a) PATH’s goal is to achieve dramatic universal design in the construction or (2) Land for Off-Site Replacement improvement in the quality of American Units. For acquisition of land for public rehabilitation of housing, retail housing by the year 2010. PATH establishments, and community housing or homeownership encourages leaders from the home development, you must comply with 24 facilities, or when communicating with building, product manufacturing, community residents at public meetings CFR part 941 or successor part. insurance and financial industries, and (3) Land for Economic Development- or events. Universal design is the design representatives from federal agencies of products and environments to be Related Activities. dealing with housing issues to work (a) Acquisition of land for this usable by all people, to the greatest together to spur housing design and purpose is eligible only if the economic extent possible, without the need for construction innovations. PATH will development-related activities adaptation or specialized design. The provide technical support in design and specifically promote the economic self- intent of universal design is to simplify cost analysis of advanced technologies sufficiency of residents. life for everyone by making products, (b) Limited infrastructure and site to be incorporated in project communications, and the built improvements associated with construction. environment more usable by as many developing retail, commercial, or office (b) Applicants are encouraged to people as possible at little or no extra facilities, such as rough grading and employ PATH technologies to exceed cost. Universal design benefits people of bringing utilities to (but not on) the site prevailing national building practices all ages and abilities. Examples include are eligible activities with prior HUD by: designing wider doorways, installing approval. (i) Reducing costs; levers instead of doorknobs, and putting e. Access to Services. For both on-site (ii) Improving durability; bathtub/shower grab bars in all units. and any off-site units, your overall (iii) Increasing energy efficiency; Computers and telephones can also be Revitalization Plan must result in (iv) Improving disaster resistance; and set up in ways that enable as many increased access to municipal services, (v) Reducing environmental impact. residents as possible to use them. The jobs, mentoring opportunities, (c) More information, the list of Department has a publication that transportation, and educational technologies, the latest PATH contains a number of ideas about how facilities; i.e., the physical plan and self- Newsletter, results from field the principles of Universal Design can sufficiency strategy must be well- demonstrations, and PATH projects can benefit persons with disabilities. To integrated and strong linkages must be be found at http://www.pathnet.org. order a copy of Strategies for Providing established with the appropriate federal, (4) Energy Efficiency. (a) New Accessibility and Visitability for HOPE state, and local agencies, nonprofit construction must comply with the VI and Mixed Finance Homeownership, organizations, and the private sector to latest HUD-adopted Model Energy Code go to the publications and resource page achieve such access. issued by the Council of American of the HOPE VI Web site at http:// f. Building Standards. (1) Building Building Officials. www.huduser.org/publications/pubasst/ Codes. All activities that include (b) HUD encourages you to set higher strategies.html. construction, rehabilitation, lead-based standards for energy and water (6) Energy Star. HUD has adopted a paint removal, and related activities efficiency in HOPE VI new construction, wide-ranging energy action plan for must meet or exceed local building which can achieve utility savings of 30 improving energy efficiency in all codes. You are encouraged to read the to 50 percent with minimal extra cost. program areas. As a first step in policy statement and final report of the (c) You are encouraged to negotiate implementing the energy plan, HUD, the HUD Review of Model Building Codes with your local utility company to Environmental Protection Agency that identifies the variances between the obtain a lower rate. Utility rates and tax (EPA), and the Department of Energy design and construction requirements of laws vary widely throughout the (DoE) have signed a joint partnership to the Fair Housing Act and several model country. In some areas, PHAs are promote energy efficiency in HUD’s building codes. That report can be exempt or partially exempt from utility affordable housing efforts and programs. found on the HUD Web site at http:// rate taxes. Some PHAs have paid The purpose of the Energy Star www.hud.gov/fhe/modelcodes. unnecessarily high utility rates because partnership is to promote energy (2) Deconstruction. HUD encourages they were billed at an incorrect rate efficiency of the affordable housing you to design programs that incorporate classification. stock, but also to help protect the sustainable construction and demolition (d) Local utility companies may be environment. Applicants constructing, practices, such as the dismantling or able to provide grant funds to assist in rehabilitating, or maintaining housing or ‘‘deconstruction’’ of public housing energy efficiency activities. States may community facilities are encouraged to

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promote energy efficiency in design and (2) Exclusions. Under Section 12(b) of designated Weed and Seed area. operations. They are urged especially to the 1937 Act, wage rate requirements do Operation Weed and Seed is a multi- purchase and use Energy Star-labeled not apply to individuals who: agency strategy that ‘‘weeds out’’ violent products. Applicants providing housing (a) Perform services for which they crime, gang activity, drug use, and drug assistance or counseling services are volunteered; trafficking in targeted neighborhoods encouraged to promote Energy Star (b) Do not receive compensation for and then ‘‘seeds’’ the target area by building by homebuyers and renters. those services or are paid expenses, restoring these neighborhoods through Program activities can include reasonable benefits, or a nominal fee for social and economic revitalization. Law developing Energy Star promotional and the services; enforcement activities constitute the information materials, outreach to low- (c) Are not otherwise employed in the ‘‘weed’’ portion of the program. and moderate-income renters and work involved (24 CFR part 70). Revitalization, which includes buyers on the benefits and savings when (3) If other federal programs are used prevention, intervention, and treatment using Energy Star products and in connection with your HOPE VI services as well as neighborhood appliances, and promoting the activities, labor standards requirements restoration, constitutes the ‘‘seed’’ designation of community buildings and apply to the extent required by the other element. For more information, see the homes as Energy Star compliant. For federal programs on portions of the Community and Safety and further information about Energy Star, project that are not subject to Davis- Conservation Web site at http:// see http://www.energystar.gov or call Bacon rates under the 1937 Act. www.hud.gov/offices/pih/divisions/ 888–STAR–YES (888–782–7937), or for h. Operation and Management cscd/. the hearing-impaired, call 888–588– Policies and Principles. (1) You and i. Non-Fungibility for MTW PHAs. 9920 TTY. See also the energy efficiency your procured property manager, if Funds awarded under this NOFA are requirements in Section III.C.4. of this applicable, must comply (to the extent not fungible under MTW agreements NOFA. required) with the provisions of 24 CFR and must be accounted for separately, in (7) Lead-Based Paint. You must part 966 in planning for the accordance with the HOPE VI comply with lead-based paint implementation of the operation and Revitalization Grant Agreement, the evaluation and reduction requirements management principles and policies requirements in Section III.C.4.m. of the as provided for under the Lead-Based described below. SuperNOFA, entitled, ‘‘OMB Circulars Paint Poisoning Prevention Act (42 (a) Rewarding work and promoting and Government-wide Regulations U.S.C. 4821, et seq.). You also must family stability by promoting positive Applicable to Financial Assistance comply with regulations at 24 CFR part incentives such as income disregards Programs,’’ and GAAP. 35, 24 CFR 965.701, and 24 CFR and ceiling rents; j. Resident and Community (b) Instituting a system of local 968.110(k), as they may be amended or Involvement. (1) General. You are preferences adopted in response to local revised from time to time. Unless required to involve the affected public housing needs and priorities, e.g., otherwise provided, you will be housing residents, state and local preferences for victims of domestic responsible for lead-based paint governments, private service providers, violence, residency preferences, and evaluation and reduction activities. The financing agencies, and developers in disaster victims; the planning process, proposed National Lead Information Hotline is (c) Encouraging self-sufficiency by implementation, and management of 800–424–5323. including lease requirements that your Revitalization Plan. This g. Labor Standards. The following promote involvement in the resident standards must be implemented as association, performance of community involvement must be continuous from appropriate in regard to HOPE VI grants. service, participation in self-sufficiency the beginning of the planning process (1) Labor Standards. activities, and transitioning from public through the implementation and (a) Davis-Bacon wage rates apply to management of the grant, if awarded. development of any public housing housing; (d) Implementing site-based waiting (2) Resident Training Session. You rental units or homeownership units lists for the redeveloped public housing must conduct at least one training developed with HOPE VI grant funds and following project-based session for residents of the severely and to demolition followed by management principles; distressed project on the HOPE VI construction on the site. Davis-Bacon (e) Instituting strict applicant development process. HUD does not rates are ‘‘prevailing’’ minimum wage screening requirements such as credit prescribe the content of this meeting. rates set by the Secretary of Labor that checks, references, home visits, and (3) Public Meetings. (a) You must all laborers and mechanics employed in criminal records checks; conduct at least three public meetings the development, including (f) Strictly enforcing lease and with residents and the broader rehabilitation other than routine eviction provisions; community, in order to involve them in maintenance of a public housing project (g) Improving the safety and security a meaningful way in the process of must be paid, as set forth in a wage of residents through the implementation developing the Revitalization Plan and determination that the PHA must obtain of defensible space principles and the preparing the application. One of these prior to bidding on each construction installation of physical security systems meetings must have taken place at the contract. The wage determination and such as surveillance equipment, control beginning of the planning process. provisions requiring payment of these engineering systems, etc; (b) These three public meetings must wage rates must be included in the (h) Enhancing ongoing efforts to take place on different days from each construction contract; eliminate drugs and crime from other and from the resident training (b) HUD-determined wage rates apply neighborhoods through collaborative session. to: efforts with federal, state, and local (c) During the course of the three (i) Operation (including nonroutine crime prevention programs and entities meetings, you must address the maintenance) of revitalized housing, such as: following issues listed below (i.e., all and (i) Local law enforcement agencies; issues need not be addressed at each (ii) Demolition followed only by (ii) Your local United States Attorney; meeting): filling in the site and establishing a (iii) The Weed and Seed Program, if (i) The HOPE VI planning and lawn. the targeted project is located in a implementation process;

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(ii) The proposed physical plan, III.B.1. of this NOFA for CSS grant planning and should definitely be including site and unit design, and matching requirements. You may spend codified with a contract or subgrant if whether the unit design is in additional sums on CSS activities using money changes hands. compliance with Fair Housing Act and donations, other HUD funds made (4) Tracking and Case Management. If UFAS standards; available for that purpose (leverage), or selected, the grantee is responsible for (iii) The extent of proposed other PHA funds. tracking and providing CSS programs demolition; (b) CSS Endowment Trust. Consistent and services to residents currently (iv) Planned community and with Section 24(d)(2) of the 1937 Act, living on the targeted public housing supportive service activities; you may deposit up to 15 percent of site and residents already relocated from (v) Other proposed revitalization your HOPE VI grant (the maximum the site. It is imperative that case activities; amount of the award allowable for CSS management services begin immediately (vi) Relocation issues, including activities) into an endowment trust to upon award so that residents who will relocation planning, mobility provide CSS activities. In order to be relocated have time to participate in counseling, and maintaining the HOPE establish an endowment trust, you must and benefit from CSS activities before VI community planning process during first execute with HUD a HOPE VI leaving the site, and that residents who the demolition and reconstruction Endowment Trust Addendum to the have already been relocated are able to phases where temporary relocation is grant agreement. When reviewing your participate in and benefit from CSS involved; request to set up an endowment trust, activities. (vii) Reoccupancy plans and policies, HUD will take into consideration your (5) CSS Strategy and Objectives including site-based waiting lists; and ability to pay for current CSS activities Requirements (a) Transition to Housing (viii) Section 3 and employment with HOPE VI or other funds and the Self-Sufficiency. One of HUD’s major opportunities to be created as a result of projected long-term sustainability of the priorities is to assist public housing redevelopment activities. endowment trust to carry out those residents in their efforts to become (4) Accessibility. All training sessions activities. financially self-sufficient and less and meetings must be held in facilities (3) CSS Team and Partners. (a) The dependent upon direct government that are accessible to persons with term ‘‘CSS Team’’ refers to PHA staff housing assistance. Your CSS program disabilities, provide services such as members and any consultants who will must include a well-defined, day care, transportation, and sign have the responsibility to design, measurable endeavor that will enable language interpreters as appropriate, implement, and manage your CSS public housing residents to transition to and as practical and applicable, be program. other affordable housing programs and conducted in English and the (b) The term ‘‘CSS Partners’’ refers to to market housing. FSS and CSS language(s) most appropriate for the the agencies and organizations that you activities that are designed to increase community. will work with to provide supportive education and income levels are (5) Allowable Time Period for services for residents. A partner could considered a part of this endeavor, as is Training and Meetings. be a local service organization such as the establishment of reasonable limits (a) At least one public meeting, which a Boys or Girls Club that donates its on the length of time any resident can included representation from both the building and staff to the program, or an reside in a public housing unit within involved public housing residents and agency such as the local TANF agency a HOPE VI Revitalization Development. the community, must have been held at that works with you to ensure that their (b) Neighborhood Networks. All the beginning of the revitalization services are coordinated and FY2004 Revitalization grantees will be planning period; comprehensive. required to establish Neighborhood (b) At least one training session must (c) Partner Agreements. There are Networks Centers (NCC). This program have been held after the publication several relationships that you may have provides residents with on-site access to date of this NOFA in the Federal with your partners: computer and training resources that Register; and (i) Subgrant Agreements. You may create knowledge and experience with (c) The minimum of two more public enter into subgrant agreements with computers and the Internet as tools to meetings must have been held after the nonprofit organizations or state or local increase access to CSS, job training, and publication date of this NOFA in the governments for the performance of CSS the job market. Grantees may use HOPE Federal Register. activities in accordance with your VI funds to establish NCCs. More (d) The above minimum number of approved CSS work plan. information on the requirements of the trainings and meetings are required to (ii) Contracts. You may enter into a NCC program is available on the meet the Resident Involvement contract with for-profit businesses, Neighborhood Networks Web site at threshold in Section III.C. of this NOFA. nonprofit organizations, or state or local http://www.hud.gov/nnw/ Additional meetings and trainings will governments for the performance of CSS nnwindex.html. There will not be a be counted toward demonstration of activities in accordance with your separate FY2004 funded NOFA for continual inclusion of the residents and approved CSS work plan. HOPE VI Neighborhood Networks community in the rating factors. (iii) Memoranda of Understanding programs. k. CSS Program Requirements. (1) (MOU). You may enter into an MOU (c) Quantifiable Goals. The objectives Term Period. CSS programs and services with any entity that furnishes CSS of your CSS program must be results- must last for the life of the grant and services for the performance of activities oriented, with quantifiable goals and must be carefully planned so that they in accordance with your approved CSS outcomes that can be used to measure will be sustainable after the HOPE VI work plan. However, if money is to progress and make changes in activities grant period ends. change hands, the MOU must be as necessary. (2) Allowed Funding Mechanisms: codified with a contract or subgrant. (d) Appropriate Scale and Type. (a) Maximum CSS grant amount. (iv) Informal Relationships. You may (i) CSS activities must be of an Consistent with Section 24(j)(3) of the accept assistance from partners without appropriate scale, type, and variety to 1937 Act, you may use up to 15 percent prior documentation of your partner meet the needs of all residents of the total HOPE VI grant to pay the relationship. However, informal (including adults, seniors, youth ages 16 costs of CSS activities. See Section relationships do not lend themselves to to 21, and children) of the severely

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distressed project, including residents (6) Economic development agencies (13) Local agencies and organizations remaining on-site, residents who will such as the Small Business serving persons with disabilities. relocate permanently to other PHA units Administration, which provide (14) Nonprofit organizations such as or Housing Choice Voucher-assisted entrepreneurial training and small grassroots faith-based and other housing, residents who will relocate business development centers. community-based organizations. HUD temporarily during the construction (7) National corporations, local encourages you to partner or subgrant phase, and new residents of the businesses, and other large institutions with nonprofit organizations, including revitalized units. such as hospitals that can commit to grassroots faith-based and other (ii) Non-public housing residents may provide entry-level jobs. Employers may community-based organizations, to also participate in CSS activities, as long agree to train residents or commit to provide CSS activities. Such as the primary participants in the hire residents after they complete jobs organizations have a strong history of activities are residents as described in preparedness or training programs that providing vital community services Section (i) above. are provided by you, other partners, or such as job training, childcare, (e) Coordination. (i) CSS activities the employer itself. relocation supportive services, youth must be consistent with state and local (8) Programs that integrate programs, technology training, welfare reform requirements and goals. employment training, education, and transportation, substance abuse (ii) Your CSS activities must be counseling, and where creative programs, crime prevention, health coordinated with the efforts of other partnerships with local boards of services, assistance to the homeless and service providers in your locality, education, state charter schools, TANF homelessness prevention, counseling including nonprofit organizations, agencies, foundations, and private individuals and families on fair housing educational institutions, and state and funding sources have been or could be rights, providing elderly housing local programs. established, such as: opportunities, and homeownership and (iii) CSS activities must be well- (a) Youthbuild. HUD’s Youthbuild rental housing opportunities in the integrated with the physical program provides grants to neighborhood of their choice. HUD development process, both in terms of organizations that provide education believes that grassroots organizations, timing and the provision of facilities to and job training to young adults ages 16 e.g., civic organizations, faith- house on-site service and educational to 24 who have dropped out of school. communities, national and local self- activities. Participants spend half their time help homeownership organizations, (f) Your CSS program must provide rehabilitating low-income housing and faith-based, and other community-based appropriate community and supportive organizations should be more effectively the other half in educational programs. services to residents prior to any used, and has placed a high priority on Youthbuild provides a vehicle for relocation. expanding opportunities for grassroots achieving compliance with the objective l. CSS Partnerships and Resources. organizations to participate in of Section 3, as described in Section The following are the kinds of developing solutions for their own III.C.4.c. of the SuperNOFA. More organizations and agencies that can neighborhoods. See HUD’s Center for information on HUD’s Youthbuild provide you with resources necessary to Faith-Based and Community Initiatives program can be found at http:// carry out and sustain your CSS Web site at http://www.hud.gov/offices/ www.hud.gov/progdesc/youthb.cfm. activities. Note that in order to count as fbci/index.cfm. leverage, these funds must be newly (b) Step-Up, an apprenticeship-based (a) HUD will consider an organization generated. Existing and newly generated employment and training program that a ‘‘grassroots’’ organization if it is TANF cash benefits will not count as provides career potential for low- headquartered in the local community leverage. Newly generated non-cash income persons by enabling them to to which it provides services; and services provided by TANF agencies work on construction projects that have (i) Has an annual social services will count as leverage. certain prevailing wage requirements. budget of no more than $300,000. This (1) Local Boards of Education, public Step-Up encourages work by offering cap includes only the portion of the libraries, local community colleges, apprenticeships through which low- organization’s budget allocated to institutions of higher learning, nonprofit income participants earn wages while providing social services. It does not or for-profit educational institutions, learning skills on the job, supplemented include other portions of the budget and public/private mentoring programs by classroom-related instruction. Step- such as salaries and expenses; or that will lead to new or improved Up can also contribute to a PHA’s effort (ii) Has six or fewer full-time educational facilities and improved to meet the requirements of Section 3. equivalent employees. educational achievement of young More information can be found at (b) Local affiliates of national people in the revitalized development, http://www.hud.gov/ organizations are not considered from birth through higher education. progdesc/stepup.cfm. ‘‘grassroots.’’ (2) TANF agencies/welfare (9) Sources of capital such as m. Fair Housing and Equal departments for TANF and non-TANF foundations, banks, credit unions, and Opportunity Requirements. (1) Site and in-kind services, and non-TANF cash charitable, fraternal, and business Neighborhood Standards for donations, e.g., donation of TANF organizations. Replacement Housing. You must agency staff. Note that TANF cash (10) Nonprofit organizations such as comply with the Fair Housing Act and benfits themselves will not be counted the Girl Scouts and the Urban League, Title VI of the Civil Rights Act of 1964, as leverage. both of which have Memoranda of and regulations thereunder. In (3) Job development organizations Agreement (MOA) with HUD. Copies of determining the location of any that link private sector or nonprofit these MOAs can be found on the replacement housing, you must comply employers with low-income prospective Community and Supportive Services with either the site and neighborhood employees. page of the HOPE VI Web site at standards regulations at 24 CFR 941.202 (4) Workforce Development Agencies. http://www.hud.gov/hopevi. ((b)–(d)) or with the standards outlined (5) Organizations that provide (11) Civil rights and fair housing in this NOFA. Because the objective of residents with job readiness and organizations. the HOPE VI program is to alleviate retention training and support. (12) Local area agencies on aging. distressed conditions at the

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development and in the surrounding that is located on the site of the existing requirements contained in several neighborhood, replacement housing project or in its surrounding federal laws. All applicable laws must under HOPE VI that is located on the neighborhood will not require be read together and followed. PIH site of the existing development or in its independent approval under Site and Notice 2003–31, available at http:// surrounding neighborhood will not Neighborhood Standards, since HUD www.hud.gov/offices/pih/publications/ require independent approval by HUD will consider the scope and impact of notices/, and subsequent updates, under Site and Neighborhood the proposed revitalization to alleviate provides an overview of all pertinent Standards. The term ‘‘surrounding severely distressed conditions at the laws and implementing regulations neighborhood’’ means the neighborhood public housing project and its pertaining to HOPE VI. All HOPE VI within a three-mile radius of the site of surrounding neighborhood in assessing multifamily housing projects, whether the existing development. the application to be funded under this they involve new construction and (a) HOPE VI Goals Related to Site and NOFA. rehabilitation, are subject to the Section Neighborhood Standards. You are (f) Off-Site Replacement Housing 504 accessibility requirements described expected to ensure that your Located Outside of the Surrounding in 24 CFR part 8. See in particular, 24 revitalization plan will expand assisted Neighborhood. Unless you demonstrate CFR 8.20–8.24. In addition, under the housing opportunities in non-poor and that there are already significant Fair Housing Act, all new construction non-minority neighborhoods and will opportunities in the metropolitan area of covered multifamily buildings must accomplish substantial revitalization in for assisted households to choose non- contain certain features of accessible the project and its surrounding minority neighborhoods (or these and adaptable design. Units covered are neighborhood. You are also expected to opportunities are under development), all those in elevator buildings with four ensure that eligible households of all HOPE VI replacement housing not or more units and all ground floor units races and ethnic groups will have equal covered by Section (e) above may not be in buildings without elevators. The and meaningful access to the housing. located in an area of minority relevant accessibility requirements are (b) Objectives in Selecting HUD- concentration (as defined in paragraph provided in HUD’s FHEO Web site at Assisted Sites. The fundamental goal of (g) below) without the prior approval of http://www.hud.gov/groups/ HUD’s fair housing policy is to make HUD. Such approval may be granted if fairhousing.cfm. full and free housing choice a reality. you demonstrate to the satisfaction of (b) Specific Fair Housing Housing choice requires that HUD that: requirements are: households of all races and ethnicity, or (i) You have made determined and (i) The Fair Housing Act (42 U.S.C. with disabilities, can freely decide the good faith efforts, and found it 3601–19) and regulations at 24 CFR part type of neighborhood where they wish impossible with the resources available, 100. to reside, that minority neighborhoods to acquire an appropriate site(s) in an (ii) The prohibitions against are no longer deprived of essential area not of minority concentration; or discrimination on the basis of disability, public and private resources, and that (ii) The replacement housing, taking including requirements that multifamily stable, racially-mixed neighborhoods are into consideration both the CSS housing projects comply with the available as a meaningful choice for all. activities or other revitalizing activities Uniform Federal Accessibility To make full and free housing choice a included in the Revitalization plan, and Standards, and that you make reality, sites for HUD-assisted housing any other revitalization activities in reasonable accommodations to investment should be selected so as to operation or firmly planned, will individuals with disabilities under advance two complementary goals: contribute to the stabilization or Section 504 of the Rehabilitation Act of (i) Expand assisted housing improvement of the neighborhood in 1973 (29 U.S.C. 794) and regulations at opportunities in non-minority which it is located, by addressing any 24 CFR part 8. neighborhoods, opening up choices serious deficiencies in services, safety, (iii) Title II of the Americans with throughout the metropolitan area for all economic opportunity, educational Disabilities Act (42 U.S.C 12101 et seq.) assisted households; and opportunity, and housing stock. and its implementing regulations at 28 (ii) Reinvest in minority (g) Area of Minority Concentration. CFR part 35. neighborhoods, improving the quality The term ‘‘area of minority (iv) The Architectural Barriers Act of and affordability of housing there to concentration’’ is any neighborhood in 1968 (42 U.S.C. 4151) and the represent a real choice for assisted which: regulations at 24 CFR part 40. households. (i) The percentage of households in a (c) Accessible Technology. The (c) Compliance with Fair Housing Act particular racial or ethnic minority Rehabilitation Act Amendments of 1998 and Title VI of the Civil Rights Act of group is at least 20 points higher than apply to all electronic information 1964. You must comply with the Fair the percentage of that minority group for technology (EIT) used by a grantee for Housing Act and Title VI of the Civil the housing market area; i.e., the transmitting, receiving, using, or storing Rights Act of 1964, and implementing Metropolitan Statistical Area (MSA) in information to carry out the regulations in determining the location which the proposed housing is to be responsibilities of any federal grant of any replacement housing. located; or awarded. It includes, but is not limited (d) Grantee Election of Requirements. (ii) The neighborhood’s total to, computers (hardware, software, word You may, at your election, separately percentage minority is at least 20 points processing, e-mail, and Web pages) with regard to each site you propose higher than the total percentage of all facsimile machines, copiers, and comply with the development minorities for the MSA as a whole; or telephones. When developing, regulations regarding Site and (iii) In the case of a metropolitan area, procuring, maintaining, or using EIT, Neighborhood Standards (24 CFR the neighborhood’s total percentage of grantees must ensure that the EIT 941.202 (b)–(d)), or with the Site and minority persons exceeds 50 percent of allows: Neighborhood Standards contained in its population. (i) Employees with disabilities to have this Section. (2) Housing and Services for Persons access to and use information and data (e) Replacement housing located on with Disabilities. (a) Accessibility that is comparable to the access and use site or in the surrounding neighborhood. Requirements. HOPE VI developments of data by employees who do not have Replacement housing under HOPE VI are subject to the accessibility disabilities; and

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(ii) Members of the public with Property Acquisition Policies Act of reflect your need for replacement units, disabilities seeking information or 1970, as amended, in HOPE VI Projects. the need and market demand for other service from a grantee must have access The relocation requirements of the URA affordable units and market units, and to and use of information and data that and the government-wide regulations, as financial feasibility. The total number of is comparable to the access and use of well as CPD Notice 02–08, cover any units to be developed may be less than, data by members of the public who do person who moves permanently from or more than, the original number of not have disabilities. If these standards real property or moves personal public housing units in the targeted impose an undue burden on a grantee, property from real property directly public housing project. HUD will review they may provide an alternative means because of acquisition, rehabilitation, or requests to revitalize projects with small to allow the individual to use the demolition for an activity undertaken numbers of units on an equal basis with information and data. No grantee will be with HUD assistance. those with large numbers of units. required to provide information services (2) Relocation Plan. Each applicant 6. Environmental Requirements. a. to a person with disabilities at any must complete a HOPE VI Relocation HUD Approval. HUD notification that location other than the location at plan in accordance with the you have been selected to receive a which the information services are requirements stated in Section IV.B.6. of HOPE VI grant constitutes only generally provided. this NOFA. preliminary approval. Grant funds may n. Relocation Requirements. (1) (a) The HOPE VI Relocation plan is not be released under this NOFA Requirements. intended to ensure that PHAs adhere to (except for activities that are excluded (a) You must carry out relocation the URA and that all residents who have from environmental review under 24 activities in compliance with a been or will be temporarily or CFR part 58 or 50) until the responsible relocation plan that conforms to the permanently relocated from the site are entity, as defined in 24 CFR 58.2(a)(7), following statutory and regulatory provided with CSS activities such as completes an environmental review and requirements, as applicable: mobility counseling and direct you submit and obtain HUD approval of (i) Relocation or temporary relocation assistance in locating housing. Your a request for release of funds and the carried out as a result of rehabilitation HOPE VI Relocation plan must serve to responsible entity’s environmental under an approved Revitalization plan minimize permanent displacement of certification in accordance with 24 CFR is subject to the URA, the URA current residents of the public housing part 58 (or HUD has completed an regulations at 24 CFR part 24, and site who wish to remain in or return to environmental review under 24 CFR regulations at 24 CFR 968.108 or the revitalized community. Your HOPE part 50 where HUD has determined to successor part. VI Relocation plan must also furnish do the environmental review). (ii) Relocation carried out as a result alternative permanent housing for b. Responsibility. If you are selected of acquisition under an approved current residents of the public housing for funding and an environmental Revitalization plan is subject to the URA site who do not wish to remain in or review has not been conducted on the and regulations at 24 CFR 941.207 or return to the revitalized community. targeted site, the responsible entity must successor part. Your CSS program must provide for the assume the environmental review (iii) Relocation carried out as a result delivery of community and supportive responsibilities for projects being of disposition under an approved services to residents prior to any funded by HOPE VI. If you object to the Revitalization plan is subject to Section relocation, temporary or permanent. responsible entity conducting the 18 of the 1937 Act, as amended. (b) You are encouraged to involve environmental review, on the basis of (iv) Relocation carried out as a result HUD-approved housing counseling performance, timing, or compatibility of of demolition under an approved agencies, including faith-based, objectives, HUD will review the facts Revitalization plan is subject to the URA nonprofit and other organizations, and and determine who will perform the regulations at 24 CFR part 24. individuals in the community to which environmental review. At any time, (b) You must provide suitable, relocatees choose to move, in order to HUD may reject the use of a responsible accessible, decent, safe, and sanitary ease the transition and minimize the entity to conduct the environmental housing for each family required to impact on the neighborhood. HUD will review in a particular case on the basis relocate as a result of revitalization view favorably innovative programs of performance, timing, or compatibility activities under your Revitalization such as community mentors, support of objectives, or in accordance with 24 plan. Any person (including groups, and the like. CFR 58.77(d)(1). If a responsible entity individuals, partnerships, corporations, (c) If applicable, you are encouraged objects to performing an environmental or associations) who moves from real to work with surrounding jurisdictions review, or if HUD determines that the property or moves personal property to assure a smooth transition if residents responsible entity should not perform from real property directly (1) because choose to move from your jurisdiction the environmental review, HUD may of a written notice to acquire real to the surrounding area. designate another responsible entity to property in whole or in part, or (2) o. Well-Functioning Communities. See conduct the review or may itself because of the acquisition of the real Section V.A.8. of this NOFA for conduct the environmental review in property, in whole or in part, for a HUD- requirements that on-site, off-site and accordance with the provisions of 24 assisted activity, is covered by federal homeownership units create a well- CFR part 50. You must provide any relocation statute and regulations. functioning community. documentation to the responsible entity Specifically, this type of move is p. Soundness of Approach: Design (or HUD, where applicable) that is covered by the acquisition policies and and Evaluation. See Section V.A.9. of needed to perform the environmental procedures and the relocation this NOFA for design and evaluation review. requirements of the Uniform Relocation requirements. c. Phase I and Phase II Environmental Assistance and Real Property q. Internet Access. You must have Site Assessments. If you are selected for Acquisition Policies Act of 1970 (URA), access to the Internet and provide HUD funding, you must have a Phase I and the implementing government-wide with e-mail addresses of key staff and environmental site assessment regulation at 49 CFR part 24, and CPD contact people. completed in accordance with the Notice 02–08, Guidance on the 5. Number of Units. The number of ASTM Standards E 1527–00, as Applications of the URA and Real units that you plan to develop should amended, for each affected site. A Phase

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I assessment is required whether the participant in the revitalization process extension 2676, environmental review is completed to refrain from undertaking, obligating, [email protected]. under 24 CFR part 50 or 24 CFR part 58. or expending funds on physical a. Application Kits. There are no The results of the Phase I assessment activities or other choice-limiting application kits for our programs this must be included in the documents that actions until HUD approves your RROF year. All the information you need to must be provided to the responsible and the related certification of the apply will be in the NOFA and available entity (or HUD) for the environmental responsible entity (or HUD has on the Internet. The published Federal review. If the Phase I assessment completed the environmental review). Register document is the official recognizes environmental concerns or if The supplemental submissions approval document that HUD uses to evaluate the results are inconclusive, a Phase II letter also will advise you that the applications. Therefore, if there is a environmental site assessment will be approved supplemental submissions discrepancy between any materials required. may be modified on the basis of the published by HUD in its Federal d. Request for Release of Funds. You, results of the environmental review. Register publications and other and any participant in the development g. There must not be any information provided in paper copy or process, may not undertake any actions environmental or public policy factors on http://www.Grants.gov/Find, the with respect to the project that are such as sewer moratoriums that would Federal Register publication prevails. choice-limiting or could have preclude development in the requested Please be sure to review your environmentally adverse effects, locality. You will certify to this when application submission against the including demolishing, acquiring, signing the HOPE VI Revitalization requirements in the Federal Register file rehabilitating, converting, leasing, Grant Application Certifications. of the NOFA. repairing, or constructing property h. HUD’s environmental Web site is b. Further Application Information. proposed to be assisted under this located at http://www.hud.gov/offices/ (1) The required HOPE VI Revitalization NOFA, and you, and any participant in cpd/energyenviron/environment/ application documentation is listed in the development process, may not index.cfm. this NOFA. Some required forms, commit or expend HUD or local funds 7. SuperNOFA References. The certifications, and other documents may for these activities, until HUD has following sub-sections of Section III.C. be obtained via the Internet at http:// approved a Request for Release of Funds of the SuperNOFA are hereby www.hud.gov/offices/adm/grants/ following a responsible entity’s incorporated by reference: otherhud.cfm. This NOFA provides environmental review under 24 CFR (1) The Americans with Disabilities explicit, specific instructions as to the part 58, or until HUD has completed an Act of 1990; format and contents of your HOPE VI environmental review and given (2) Affirmatively Furthering Fair application. Your application must approval for the action under 24 CFR Housing; conform to the requirements of this part 50. In addition, you must carry out (3) Economic Opportunities for Low- NOFA and follow the format described any mitigating/remedial measures and Very Low-Income Persons (Section in this NOFA. required by the responsible entity (or 3); (2) The HOPE VI Revitalization HUD). If a remediation plan, where (4) Executive Order 13166, Improving application will be available through the required, is not approved by HUD and Access to Services for Persons With Grants.gov Web site at http:// a fully-funded contract with a qualified Limited English Proficiency (LEP); www.grants.gov/Find and at HUD’s contractor licensed to perform the (5) Accessible Technology; grants site at http://www.hud.gov/ required type of remediation is not (6) Procurement of Recovered offices/adm/grants/otherhud.cfm. It will executed, HUD reserves the right to Materials; determine that the grant is in default. (7) Participation in HUD–Sponsored not be made available in hardcopy form. e. If the environmental review is Program Evaluation; (3) Technical corrections to the NOFA completed before HUD approval of the (8) Executive Order 13202, will be posted to the Grants.gov/Find HOPE VI Supplemental Submissions Preservation of Open Competition and and HUD’s grants Web sites. Any and you have submitted your Request Government Neutrality Towards technical corrections will also be for Release of Funds (RROF), the Government Contractors’ Labor published in the Federal Register. supplemental submissions approval Relations on Federal and Federally Applicants are responsible for letter shall state any conditions, Funded Construction Projects; monitoring these Web sites and the modifications, prohibitions, etc. as a (9) OMB Circulars and Government- Federal Register during the application result of the environmental review, wide Regulations Applicable to preparation period. including the need for any further Financial Assistance Programs; and B. Content and Form of Application environmental review. You must carry (10) Drug-Free Workplace. Submission. 1. General. out any mitigating/remedial measures a. Signatures. Unless otherwise IV. Application and Submission required by HUD, or select an alternate indicated, the Executive Director of the Information eligible property, if permitted by HUD. applicant PHA, or his or her designee, If HUD does not approve the A. Addresses to Request Application must sign each form or certification that remediation plan and a fully funded Package. 1. This section describes how is required to be submitted with the contract with a qualified contractor you may obtain application forms, application, whether part of an licensed to perform the required type of additional information about the HUD attachment or a standard certification. remediation is not executed, HUD program NOFAs, and technical Signatures need not be original in the reserves the right to determine that the assistance. Copies of the published duplicate Headquarters copy and the grant is in default. NOFAs and application forms for HUD duplicate field office copy. f. If the environmental review is not programs announced via NOFA may be b. Page Layout. (1) Double-space your completed and you have not submitted downloaded from the Grants.gov Find narrative pages. Single-spaced pages the RROF before HUD approval of the website: http://www.grants.gov/Find, or will be counted as two pages. supplemental submissions, the letter by calling or sending an e-mail message (2) Use 81⁄2x11-inch paper, one side approving the supplemental to Lawrence Gnessin, Office of Public only. Only the city map may be submissions will instruct you and any and Indian Housing at 202–401–8812, submitted on an 81⁄2 by 14-inch sheet of

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paper. Larger pages will be counted as after the first 125 pages of attachments b. Attachments. two pages. will not be considered. Although (1) Attachments 1 through 7: HOPE VI (3) All margins should be submitting pages in excess of the page Application Data Form, form HUD– approximately 1 inch. If any margin is limit will not disqualify an application, 52860–A smaller than 1⁄2 inch the page will be HUD will not consider the information (2) Attachment 8: HOPE VI Budget, form counted as two pages. on any excess pages, which may result HUD–52825–A (4) Use 12-point font. in a lower score or failure to meet a (3) Attachment 9: TDC–Grant (5) Any pages marked as sub-pages threshold. Limitations Worksheet, form HUD– (e.g., with numbers and letters such as (3) Exceptions to page limits. The 52799 75A, 75B, 75C), will be treated as documents listed below constitute the (4) Attachment 10: Extraordinary Site separate pages. only exceptions and are not counted in Costs Certification (6) If a section is not applicable, omit the page limits listed in Sections (1) and (5) Attachment 11: Cost Control it; do not insert a page marked n/a. (2) above: Standards Certification (7) Mark each Exhibit and Attachment (a) Additional pages submitted at the (6) Attachment 12: City Map with the appropriate tab listed in request of HUD in response to a (7) Attachment 13: Developer section IV.B.2. No material on the tab technical deficiency. Certification will be considered for review purposes, (b) Attachments that provide (8) Attachment 14: Property although pictures are allowed. documentation of commitments from Management Policy Certification (8) No more than one page of text may resource providers or CSS providers. Documentation be placed on one sheet of paper; i.e., you (c) Attachments that provide (9) Attachment 15: Program Schedule may not shrink pages to get two or more documentation of site control and site (10) Attachment 16: Certification of on a page. Shrunken pages will be acquisition in accordance with Section Severe Physical Distress counted as multiple pages. IV.B.4. of this NOFA. (11) Attachment 17: Photographs of the (9) Do not format your narrative in (d) Narratives and Attachments, as Severely Distressed Housing columns. Pages with text in columns relevant, required to be submitted only (12) Attachment 18: Neighborhood will be counted as two pages. by existing HOPE VI Revitalization Conditions (13) Attachments 19 through 22: HOPE (10) The applications (copy and grantees in accordance with Sections VI Revitalization Leverage Resources, original) should each be packaged in a V.A.1. of this NOFA (Capacity). three-ring binder. (e) Information required of MTW form HUD–52797 (14) Attachment 23: HOPE VI c. Page Count. (1) Narrative Exhibits. applicants only. (a) The first part of your application 2. Application Content. The following Revitalization Resident Training & will be comprised of narrative exhibits. is a list of narrative exhibits and forms Public Meeting Certification, form Your narratives will respond to each that are required as part of the HUD–52785 (15) Attachment 24: Commitments with rating factor in the NOFA and will also application. Narrative exhibits and respond to threshold requirements. CSS Providers forms should be included in the (16) Attachment 25: Relocation Plan Among other things, your narratives application in the order listed below. must describe your overall planning Certification Documentation Non-submission of these items may (17) Attachment 26: Completed activities, including but not limited to lower your rating score or make you relocation, community, and supportive Relocation Certification ineligible for award under this NOFA. Documentation services, and development issues. Review the threshold requirements in (b) Each HOPE VI Revitalization (18) Attachment 27: Documentation of Section III.C. and mandatory Site Control for Off-Site Public application must contain no more than documentation requirements in Section 100 pages of narrative exhibits. Any Housing IV.B. of this NOFA to ascertain the (19) Attachment 28: Documentation of pages after the first 100 pages of affects of non-submission. HUD forms Site Control, Environmental, & narrative exhibits will not be reviewed. required by this NOFA can be obtained Neighborhood Standards Although submitting pages in excess of on the Internet at http://www.hud.gov/ (20) Attachment 29: Preliminary Market the page limitations will not disqualify offices/adm/grants/otherhud.cfm. Assessment Letter an application, HUD will not consider a. Narrative Exhibits. (21) Attachment 30: Zoning Approval the information on any excess pages, (1) Acknowledgment of Application Certification or Documentation which may result in a lower score or Receipt (form HUD–2993) (22) Attachment 31: HOPE VI failure of a threshold. Text submitted at (2) Application for Federal Assistance, Revitalization Project Readiness the request of HUD to correct a technical Standard Form SF–424 Certification, form HUD–52787 deficiency will not be counted in the (3) HOPE VI Revitalization Application (23) Attachment 32: Current Site Plan 100-page limit. Checklist (form HUD–52800) (24) Attachment 33: Photographs of (2) Attachments. (a) The second part (4) Narrative Exhibit A: Summary Architecture in the Surrounding of your application will be comprised of Information Community Attachments. These documents will also (5) Narrative Exhibit B: Capacity (25) Attachment 34: Conceptual Site respond to the rating factors in the (6) Narrative Exhibit C: Need Plan NOFA, as well as threshold and (7) Narrative Exhibit D: Resident and (26) Attachment 35: Conceptual mandatory documentation Community Involvement Building Elevations requirements. They will include (8) Narrative Exhibit E: Community and (27) Attachment 36: Evaluation documents such as maps, photographs, Supportive Services Commitment Letter(s) letters of commitment, application data (9) Narrative Exhibit F: Relocation (28) Attachment 37: Portions of the PHA forms, various certifications unique to (10) Narrative Exhibit G: Fair Housing Plan HOPE VI Revitalization, and other and Equal Opportunity (29) Attachment 38: Logic Model, form certifications. (11) Narrative Exhibit H: Well- HUD–96010 (b) Each HOPE VI Revitalization Functioning Communities (30) Attachment 39: America’s application must contain no more than (12) Narrative Exhibit I: Soundness of Affordable Communities Initiative, 125 pages of attachments. Any pages Approach form HUD–27300

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(31) Attachment 40: HOPE VI CIAP funds). Funds earmarked in the you should assume the following award Revitalization Application PHA plan for uses other than the and post-award dates. Certifications revitalization proposed in this (32) Attachment 41: Standard Forms application will not be considered Milestone Date and Certifications available; and (a) Applicant Assurances and (2) A table that states: Grant Award ...... April 1, 2005. (a) The amount of your total FY1999– Grant Agreement Execu- July 1, 2005. Certifications, form HUD–424–B, tion. (b) Disclosure of Lobbying Activities, 2004 Capital Funds; HUD’s written request for August 1, 2005. Standard Form LLL, as applicable (b) The amount of your total Supplemental Submis- (c) Applicant/Recipient Disclosure/ unobligated FY1999–2004 Capital sions. Update Report, form HUD–2880, Funds; and HUD’s approval of Sup- September 1, (d) Funding Application, Section 8 (c) The planned amounts and uses of plemental Submissions. 2005. Tenant-Based Assistance Rental unobligated funds earmarked in your Certificate Program, Rental Voucher PHA plan for purposes other than your If grant award takes place after Program, form HUD–52515, if application’s proposed HOPE VI October 1, 2004, the grantee’s program applicable. activities. schedule may be changed in the (3) Applicants must ensure that their supplemental submissions to account 3. Match Commitment Letters/MOUs. obligation and expenditure information for the period of time between October If the commitment letter/MOU for any was updated in LOCCS prior to the 1, 2004, and the actual date of grant match funds/in-kind services is not application deadline, except in the case award. included in the application and of some moving to work applicants, g. Selection of Developer. In order to provided before the NOFA due date, the which are not required to enter be eligible for funding, you must related match will not be considered. obligations into LOCCS in accordance provide a signed certification that: This is not a technical deficiency and with their MTW agreements. (1) You have initiated an RFQ by the cannot be corrected during the (3) For MTW PHAS that do not record application due date for the competitive deficiency period. If the match is not capital funds obligations in LOCCS, you procurement of a developer for your met, the application will not be rated or must provide a certification of your first phase of construction. It is not ranked and will be ineligible for obligation rate in order to receive any necessary to have executed a Master funding. points for the Need for HOPE VI Development Agreement with the 4. Threshold Documentation. Funding rating factor. selected developer in order to meet the a. Appropriateness of Proposal. In e. Non-Public Housing Funding for threshold; or, accordance with Section 24(e)(1) of the Non-Public Housing or Replacement (2) You will act as your own 1937 Act, each application must Units. Public housing funds must not be developer for the proposed project. demonstrate the appropriateness of the used to develop non-Replacement h. Site Control. If you propose to proposal in the context of the local Housing Units. To demonstrate that develop off-site housing in any phase of housing market relative to other non-public housing funds will be of a your proposed revitalization plan, you alternatives. You must briefly discuss sufficient amount to develop non- MUST provide evidence in your other possible alternatives to your Replacement Housing Units, application that you (not your proposal and explain why your plan is Attachments 4 and 7 in the Application developer) have site control of the more appropriate. This is a statutory Data Form, form HUD–52860–A, must property(ies). Evidence may include an requirement and an application show that the ratio of leverage option to purchase the property, a sales threshold. Any deficiencies in your development funds to public housing agreement, a land swap, or a deed. narrative may not be corrected after the funds meets or exceeds the ratio of non- Evidence may not include a letter from application is submitted. For examples Replacement Housing Units to the Mayor or other official, letters of of alternative proposals, see the Replacement Housing Units. For support from members of the Appropriateness of Proposal Threshold example, if Attachment 4 states that you appropriate municipal entities, or a in Section III.C. plan to develop a total of 25 affordable resolution evidencing the PHA’s intent b. Contiguous Projects. If you include and market-rate units plus a total of 50 to exercise its power of eminent more than one project in your public housing and Homeownership domain. Evidence of site control may application, you must provide a map units, and Attachment 7 shows a total only be made contingent upon the that clearly indicates that the projects of $10 million in HOPE VI plus other receipt of the HOPE VI grant, are within a quarter-mile of each other. public housing funds (CGP, CFP, etc.), satisfactory compliance with the c. Cost Control Standards you must show at least $5 million in environmental review requirements in Certification. You must include a leverage funds. That is, 25 units/50 accordance with this NOFA, and the site certification by an independent cost units: $5 million/$10 million. and neighborhood standards in Section estimator, architect, engineer, f. Program Schedule. Your application III.C.4.m. of this NOFA. If you contractor, or other qualified third party must contain a program schedule that demonstrate site control through an professional that your cost estimates provides a feasible plan to meet the option to purchase, the option must meet the standards of Section IV.E. of schedule requirements of Section extend for at least 180 days after the this NOFA. The certifier cannot work VI.B.2. of this NOFA, with no application due date. If you propose to for you. impediments such as litigation that develop off-site housing and you do not d. Need for HOPE VI Funding. In would prevent timely startup. The provide acceptable site control, your order to document that you need HOPE program schedule must indicate the entire application will be ineligible for VI funding to complete your proposed date when the development proposal, funding. revitalization effort, you must include in i.e., whether mixed-finance i. Zoning Approval. your application: development, homeownership (a) If you are proposing to use off-site (1) The portion of your PHA plan that development, etc., for each phase of the parcels of land for housing development lists the planned uses of your FY1999– revitalization plan will be submitted to or other uses that, until this point in 2004 Capital Funds (including CGP and HUD. For application evaluation only, time, have been zoned for a purpose

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different than the one proposed in your (3) If, after the cure period, this letter that is signed by an engineer or architect revitalization plan, your application is not included in your application, the licensed by a state licensing board. The must include: application will not be rated or ranked license does not need to have been (i) a certification from the appropriate and will be ineligible for funding. issued in the same state as the severely local official documenting that all b. Operation and Management distressed project. The engineer or required zoning approvals have been Principles and Policies Certification. architect must include his or her license secured for such parcels; or, You must certify that you will number and state of registration on the (ii) the actual zoning approval implement the Operation and certification. The engineer or architect document for the parcel(s). Management Principles and Policies may not be an employee of the housing (b) If you are proposing to use off-site stated in Section III.C. of this NOFA. authority or the city. A Certification of parcels of land for housing development The certification should reference 24 Severe Physical Distress is provided on or other uses and those parcels are CFR part 966 and should outline the the Internet at http://www.grants.gov. already zoned for your chosen use, your requirements in Section III.C.4.h. If, f. Standard Forms and Certifications. application must include a certification after the deficiency cure period, this (1) The last part of your application will signed by the Executive Director stating certification is not properly included in be comprised of standard certifications that all zoning is correct. your application, the application will be common to many HUD programs. (c) For example, if you propose to ineligible for funding. Required forms are included in the develop housing on land that is c. Relocation Plan Certification. (1) HOPE VI Application and will be currently zoned as parkland, you must You must certify that the HOPE VI available electronically on the provide evidence in the application that Relocation plan has been completed and grants.gov Web site. the zoning change has been secured to that it conforms to the URA (2) These forms must be placed at the permit housing development. If you requirements as described in Section back of the application, except for the propose to keep the land as parkland, V.A.6. of this NOFA. Application for Federal Assistance (SF– you must provide a certification in the (2) If relocation was completed (i.e., 424) and the Acknowledgment of application that the zoning is for the targeted public housing site is Application Receipt (HUD–2993). These parkland. vacant) as of the application due date, two forms must be the first two pages of 5. Certification Thresholds rather than providing a certification that your application. Documentation. Omission of, or the HOPE VI Relocation plan has been g. TDC and Extraordinary Site Costs incorrect/improper signature on, any of completed, a certification that the Certification. (1) An Extraordinary Site the following documents is considered relocation was completed must be Costs Certification must be included in a technical deficiency and must be included in the application. This your application if such costs are cured (corrected) within the cure period certification may be provided in the included in the calculations you used to stated in Section IV.B. of the form of a letter. determine your requested award SuperNOFA. Applications that remain (3) If, after the deficiency cure period, amount. If this certification is not deficient after the cure period will not neither of these certifications is properly included in the application on or before be rated or ranked and will be ineligible included in your application, the the end of the deficient application cure for funding. application will not be rated or ranked period, extraordinary site costs will not a. Market-rate Housing: Market and will be ineligible for funding. be allowed in the award amount. Assessment Letter. (1) If you include d. Resident Involvement in the (2) The certification must be signed by market-rate housing, community Revitalization Program Certification. a licensed engineer or architect who is facilities (if market-driven, e.g., a You must submit a signed certification not an employee of the housing YMCA; a community facility that is that resident training sessions and authority or the city. The certification primarily intended to facilitate the public meetings were held and that you must include an engineer’s or architect’s delivery of community and supportive involved affected public housing license number and state of registration. services for residents of the targeted residents at the beginning and during 6. Rating Factor Documentation. To severely distressed public housing the planning process for the receive points for certain rating factors, project and of off-site replacement revitalization program, prior to you must include specific housing does not need to be addressed submission of an application. The documentation that is stated in this in the market assessment letter), certification must state that listed NOFA. When specific documentation is economic development and retail topics, as described in Section III.C.4. of necessary, that documentation is stated structures in your Revitalization plan, this NOFA were covered, that one of the in this section of the NOFA or is cross- you must demonstrate that there is a meetings took place at the beginning of referenced here and is included with the demand for these market-rate housing the revitalization planning process, and related rating factors in Section V.A. of units, community facilities, economic that two of the meetings and one this NOFA. development and retail structures of the training session took place after the a. Documentation for Capacity. See type, number, and size proposed in the publication date of this NOFA in the Section V.A.1. of this NOFA for location you have chosen. Federal Register. The certification must documentation requirements. (2) In your application you must include the dates of the training session b. Documentation for Need. (1) State provide a preliminary market and meetings. The certification must the number of units that you currently assessment letter prepared by an show that each of the public meetings have under ACC. independent, third party, credentialed and resident training took place on (2) See Section V.A.2. of this NOFA market research firm, or professional different days. for the subjects and items that you that describes its assessment of the e. Severely Distressed Certification. should include in your Rating Factor demand and associated pricing structure You must certify that the target project narrative. for the proposed residential units and is severely distressed. See Section I.C. of c. Documentation for Leverage any community facilities, economic this NOFA for the definition of Resources. In your application, you will development, and retail structures, ‘‘severely distressed.’’ In order to certify enter basic information about each based on the market and economic to severe physical distress, your resource on the appropriate resource conditions of the project area. application must include a certification summary form: name of the organization

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providing the resource, the dollar value in Section V. A. of this NOFA. Any (xii) Donations of Land. Donations of of the resource, and its proposed use. resource listed in more than one land may be counted as a development (1) Basic Documentation category will be disqualified from all resource, only if the donating entity Requirements. (a) For each resource you categories. Types of resources that may owns the land to be donated. Donating list, you must provide a commitment be counted include: entities may include a city, county, document, such as a letter, (i) Private mortgage-secured loans and church, community organization, etc. memorandum of understanding, other debt. Your application must The application must include agreement to participate, city council include each loan’s expected term documentation of this ownership, resolution, or other evidence of the maturity and sources of repayment. signed by the appropriate authorizing resource to be committed, which may be (A) Where there is both a construction official. subject to the receipt of a HOPE VI loan and a permanent take-out loan that (xiii) Low-Income Housing Tax Revitalization grant. An official of the will replace that construction loan, you Credits (LIHTC). Low-Income Tax organization legally authorized to make must provide documentation of both, Credits are authorized by Section 42 of commitments on behalf of the but only the value of the permanent the IRS Code which allows investors to organization must sign the commitment loan will be counted as leverage. receive a credit against federal tax owed document. (B) For privately financed in return for providing funds to (b) Each commitment document must homeownership construction loans, developers to help build or renovate include the dollar value and time acceptable documentation of housing that will be rented only to duration of the commitment (e.g., construction loans will be considered as lower-income households for a $10,000 will be provided each year for leverage. Documentation of permanent minimum period of 15 years. There are four years for a total commitment of financing is not required. two types of credits, both of which are $40,000). The dollar value must be (C) If you have obtained a available over a 10-year period: a nine consistent with the amount entered on construction loan but not a permanent percent credit on construction/rehab the resource summary form. On the loan, the value of the acceptably costs, and a four percent credit on form, you will also enter the page documented construction loan will be acquisition costs and all development number of your application where the counted as leverage. costs financed partially with below- commitment document is located. market federal loans (e.g., tax exempt (c) Endorsements or general letters of (ii) Insured loans. support from organizations or vendors (iii) Donations and contributions. bonds). Tax credits are generally alone will not count as resources and (iv) Housing trust funds. reserved annually through State should not be included in the (v) Net sales proceeds from a Housing Finance Agencies, a directory application or on a Resources Summary homeownership project. Down of which can be found at http:// Form. payments from homebuyers will not be www.ncsha.org/ncsha/public/ (d) For CSS leverage resources, counted. Down payment assistance may statehfadirectory/index.htm. Only tax include only funds/in-kind services that be counted as a physical development credits that have been reserved for the will be newly generated for HOPE VI resource if it is provided by a third party project will be counted as development activities. If an existing service provider entity not related to the homebuyer. leveraging. significantly increases the level of (vi) Funds committed to build private (A) If you propose to include LIHTC services provided at the site, the sector housing in direct connection with equity as a development resource for increased amount of funds may be the HOPE VI Revitalization plan. any phase of development, your counted, except for TANF cash benefits. (vii) Tax Increment Funding (TIF). application must include a LIHTC HUD will not count any funds that have (viii) Tax Exempt Bonds. Your reservation letter from your state or already been provided on a routine application must include a description local housing finance agency in order to basis, such as TANF cash benefits and of the use and term. have the tax credit amounts counted as in-kind services that have been (ix) Other Public Housing Funds. development leveraging. This letter supporting ongoing CSS-type activities. Other public housing sources include must constitute a firm commitment and (e) Even though an in-kind CSS HOPE VI Revitalization funds from can only be conditioned on the receipt contribution may count as a resource, it other grants, HOPE VI Demolition of the HOPE VI grant. HUD may not be appropriate to include on funds, Capital Fund program funds, and acknowledges that, depending on the the sources and uses attachment. Each proposals to use operating subsidy for housing finance agency, documentation source on the sources and uses debt service. These HUD public housing for four percent tax credits may be attachment must be matched by a funds will not be counted for points represented in the form of a tax-exempt specific and appropriate use. For under CSS, Development and Collateral bond award letter. Accordingly, it will example, donations of staff time may leverage in this NOFA. However, they be accepted for leverage scoring not be used to offset costs for can be used as part of your revitalization purposes under this section, if you infrastructure. plan. Other public housing sources, demonstrate that this is the only (2) Types of Development Resources. except for HOPE VI Revitalization available evidence of four percent tax (a) HUD seeks to fund mixed-finance funds, will be counted toward your credits, and assuming that this developments that use HOPE VI funds leverage rating for anticipatory leverage documentation clearly indicates that to leverage the maximum amount of and may be used toward your match tax-exempt bonds have been committed other physical development funds, requirement. to the project. particularly from private sources, that (x) Other Federal Funds. Other federal (B) Only LIHTC commitments that will result in revitalized public housing, sources may include non-public have been secured as of the application other types of assisted and market-rate housing funds provided by HUD. deadline will be considered for the housing, and private retail and (xi) Sale of Land. The value of land scoring under this section. LIHTC economic development. Each resource may be included as a development commitments that are not secured (i.e., may be used for only one leverage resource only if this value is a sales documentation in the application does category: Development, CSS, proceed. Absent a sales transaction, the not demonstrate they have been Anticipatory, or Collateral, as described value of land may not be counted. reserved by the state or local housing

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finance agency) will not be counted as to leverage the maximum amount of (a) Conforms to the URA requirements leverage for scoring under this section. other resources to support CSS activities as described in Section d. below; (3) Sources of Development in order to ensure the successful (b) Is designed to minimize Resources. You must actively enlist transformation of the lives of residents permanent displacement of current other stakeholders who are vested in and the sustainability of the revitalized residents of the public housing site who and can provide significant financial public housing development. wish to remain in or return to the assistance to your revitalization effort. Leveraging scarce HOPE VI CSS funds revitalized community, while furnishing Sources of resources that can be used for with other funds and services is critical alternative housing to current residents leveraging may include: to the sustainability of CSS activities so of the public housing site who do not (a) Public, private, and nonprofit that they will continue after the HOPE wish to remain in or return to the entities, including LIHTC purchasers; VI funds have been expended. revitalized community; (b) State and local housing finance Commitments of funding or in-kind (c) Gives existing residents priority for agencies; services related to the provision of CSS occupancy in planned public housing (c) Local governments; activities may be counted as CSS units, or for residents that can afford to (d) The city’s housing and resources and toward the calculation of live in other units, priority for those redevelopment agency or other CSS leverage. Note that you may planned units and comparable agency. HUD will consider include ONLY funds that will be newly (d) In connection with your CSS this to be a separate entity with which generated for HOPE VI activities, per program, provides for community and you are partnering if your PHA is also Section III.C.4.l. of this NOFA. Types of supportive services to residents prior to a redevelopment agency or otherwise resources that may be counted include any relocation. has citywide responsibilities. but are not limited to: (2) If relocation was completed as of (i) You are strongly urged to seek a (i) Materials; the application deadline (i.e., the pledge of Community Development (ii) A building; targeted public housing site is vacant), Block Grant (CDBG) funds for (iii) A lease on a building; rather than providing a certification that improvements to public infrastructure (iv) Other infrastructure; the HOPE VI Relocation plan has been such as streets, water mains, etc. related (v) Time and services contributed by completed, a certification that the to the revitalization effort. CDBG funds volunteers; relocation was completed must be are awarded by HUD by formula to units (vi) Staff salaries and benefits; included in the application. This of general local government and to (vii) Supplies; and certification may be provided in the states, which may then award a grant or (viii) Other types of CSS resources as form of a letter. loan to a PHA, a partnership, a described in Section III.C.4.l. of this g. Documentation for Fair Housing nonprofit organization, or other entity NOFA. and Equal Opportunity. See Sections for revitalization activities, including (b) Note that wages projected to be III.C.4., IV.B. and V.A.7. for loans to a project’s for-profit paid to residents through jobs, or documentation requirements. partnership. More information about the projected benefits (e.g., health/ h. Documentation for Well- CDBG Program can be found at http:// insurance/retirement benefits) related to Functioning Community. See Sections www.hud.gov/offices/cpd/index.cfm. (ii) The city, county, or state may those projected jobs, provided by CSS III.C.4., IV.B. and V.A.8. of this NOFA provide HOME funds to be used in partners will not be counted as leverage. for documentation requirements. conjunction with HOPE VI funds. The (5) Sources of CSS Resources. In order i. Documentation for Soundness of Home Investment Partnership program to achieve quantifiable self-sufficiency Approach. See Sections IV.B. and V.A.9. provides housing funds that are results, you must form partnerships of this NOFA for documentation distributed from HUD to units of general with organizations that are skilled in the requirements. local governments and states. Funds delivery of services to residents of j. Documentation for Incentive may be used for new construction, public housing and that can provide Criteria on Regulatory Barrier Removal. rehabilitation, acquisition of standard commitments of resources to support You must include the completed form housing, assistance to homebuyers, and those services. You must actively enlist HUD–27300 in your application. tenant-based rental assistance. Current as partners other stakeholders who are 6. Housing Choice Voucher (HCV) legislation allows HOME funds to be vested in and can provide commitments Assistance. (1) This NOFA will fund used in conjunction with HOPE VI of funds and in-kind services for the HCVs that are necessary to relocate funds, but they may not be used in CSS portion of your revitalization effort. HOPE VI affected public housing conjunction with public housing capital See Section III.C.4.k. and l. for a list of residents. In accordance with HUD funds under Section 9(d) of the 1937 the kinds of organizations, agencies, and Notice PIH 2004–4 (HA), Submission Act. Information about the HOME other providers that may be used as and Processing of Public Housing program can be found at: http:// sources of CSS resources. Agency (PHA) Applications for Housing www.hud.gov/offices/cpd/ d. Documentation for Resident Choice Vouchers for Relocation or affordablehousing/programs/home/ Involvement. See Sections IV.B.5. and Replacement Housing Related to index.cfm. V.A.4. of this NOFA for documentation Demolition or Disposition (Including (e) Foundations; requirements. HOPE VI), and Plans for Removal (f) Government Sponsored Enterprises e. Documentation for CSS. See (Required/Voluntary Conversion Under such as the Federal Home Loan Bank, Sections III.C.4. and V.A.5. for Section 33 of the 1937 Act, As Fannie Mae, and Freddie Mac; documentation requirements. Amended, and Mandatory Conversion (g) HUD and other federal agencies; f. Documentation for Relocation. Under Section 202 of the Omnibus (h) Financial institutions, banks, or There is a program requirement that you Consolidated Rescissions and insurers; and must complete a HOPE VI Relocation Appropriations Act of 1996) of Public (i) Other private funders. plan. Housing Units, you should determine (4) Types of CSS Resources. (a) HUD (1) In your application, you must the number of vouchers that it is eligible seeks to fund mixed-finance certify that the HOPE VI Relocation plan for, that are related to this HOPE VI developments that use HOPE VI funds has been completed and that it: Revitalization development.

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(2) You should submit the HCV SuperNOFA. Also, videos submitted as in Section IV.E.5. below, whichever is application, in accordance with HUD part of an application will not be lower. HCV assistance is in addition to Notice PIH 2004–4 (HA), for these HOPE viewed. this amount. VI related vouchers, as a part of the 6. Acknowledgement of Application 4. Ineligible Activities. a. You may not application. Receipt. If you wish to receive use HOPE VI Revitalization Grant funds (a) If you are funded by this NOFA, acknowledgement of HUD’s receipt of to pay for any revitalization activities the HCV application will be processed. the application, the Acknowledgment of carried out on or before the date of the (b) If you are not funded by this Application Receipt, form HUD–2993, letter announcing the award of the NOFA, the HCV application will not be should be included in the front of the HOPE VI Grant. processed. application. After receipt, HUD will b. Market-Rate Units. HOPE VI funds (3) The HCV request should be return the form to you. may not be used to develop market-rate located with the Standard Forms and D. Intergovernmental Review. units or affordable housing units that do Certifications at the back of the Executive Order 12372 was issued to not qualify as public housing or application. foster intergovernmental partnership homeownership replacement units. (4) The notice can be obtained and strengthen federalism by relying on c. Retail or Commercial Development. through the Internet at http:// state and local processes for the HOPE VI funds may not be used for www.hudclips.org/cgi/index.cgi. coordination and review of federal hard construction costs related to, or for (5) To assist HUD in estimating the financial assistance and direct federal the purchase of equipment for, retail, overall cost of HCV assistance, you development. The order allows each commercial, or non-public housing should include a copy of the Funding state to designate an entity to perform a office facilities. Application, Section 8 Tenant-Based state review function. The official listing 5. Total Development Cost (TDC). a. Assistance Rental Certificate Program, of state points of contact (SPOC) for this The ‘‘TDC Limit’’ (24 CFR 941.306, Rental Voucher Program, form HUD– review process can be found at: http:// Notice PIH 2004–6 (HA)) refers to the 52515, in your NOFA application. www.whitehouse.gov/omb/grants/ maximum amount of HUD funding that 7. Further Application Instructions. spoc.html. States that are not listed on HUD will approve for development of For more detailed application the Web site have chosen not to specific public housing units in a given instructions, you should read, ‘‘HOPE participate in the intergovernmental location. The TDC limit applies only to VI Revitalization Application review process, and therefore do not the costs of development of public Instructions,’’ available on the have a SPOC. If you are located within housing that are paid directly with HUD Grants.gov Web site. one of those states, you may send public housing funds, including HOPE C. Submission Dates and Times. applications directly to HUD. If your VI funds; a PHA may exceed the TDC 1. Application Submission state has a SPOC, you should contact it limit using non-public housing funds Timeframes. a. Application Due Date. to see if it is interested in reviewing such as CDBG, HOME, low-income Revitalization grant applications are due your application prior to submission to housing tax credit equity, etc. at HUD Headquarters on February 1, HUD. Please make sure that you allow b. The HUD TDC Cost Tables are 2005. See Sections IV.F. of this NOFA ample time for this review process when issued for each calendar year for the and the SuperNOFA for application, developing and submitting your building type and bedroom distribution submission and timely receipt application. for the public housing replacement requirements. E. Funding Restrictions. units. Use the TDC limits in effect at the 2. Form of Acceptance. HUD will 1. Statutory Time Limits. a. Required time this HOPE VI NOFA is published consider an application as being Obligation Date. Funds appropriated for when making your TDC calculations. accepted when it is delivered to the the HOPE VI program for FY2004 must TDC definitions and limits in the final Office of Public Housing Investments, be obligated on or before September 30, rule are summarized as follows: Room 4130, HUD Headquarters, 451 7th 2005. Any funds that are not obligated (1) The total cost of development, Street, SW., Washington, DC 20410. by that date will be recaptured by the including relocation costs, is limited to Upon delivery and acceptance, the Treasury, and thereafter will not be the sum of: Grant Administrator will manually add available for obligation for any purpose. (a) HUD’s TDC limits up to 100 the application’s PHA name, b. Required Expenditure Date. In percent of HUD’s published TDC limits development name, time of receipt, and accordance with 31 U.S.C. 1552, all for the costs of demolition and new date of receipt to an application receipt FY2004 HOPE VI funds must be construction, multiplied by the number log. expended by September 30, 2010. Any of HOPE VI public housing replacement 3. Submission Address. See Section funds that are not expended by that date units; or IV.F.1. of this NOFA for the application will be cancelled and recaptured by the (b) Ninety percent of the TDC limits, submission address. Treasury, and thereafter will not be multiplied by the number of public 4. Field Office Copy. You must send available for obligation or expenditure housing units after substantial one duplicate copy of your application for any purpose. rehabilitation and reconfiguration. to your HUD field office. The HUD field 2. Funding for Applications to this (2) The TDC limit for a project is office copy of the application is due NOFA Only. HUD will not use any made up of the following components: before 4 p.m. on the application due funds from this NOFA to fund any non- (a) Housing Cost Cap (HCC): HUD’s date. If the HUD field office receives an selected HOPE VI related applications published limit on the use of public application on time, but the application submitted in previous years. Only housing funds for the cost of is not received on time at Headquarters, applications submitted under this constructing the public housing units, it will not be considered. FY2004 NOFA will be considered for which includes unit hard costs, 5. No Facsimiles or Videos. HUD will funding. builder’s overhead and profit, utilities not accept for review and evaluation, or 3. Grant Amount Limitations. a. from the street, finish landscaping, and fund, any applications sent by facsimile Requested Amount. The maximum a hard cost contingency. Estimates (fax). However, facsimile corrections to amount you may request in your should take into consideration the technical deficiencies will be accepted, application for grant award is limited to Davis-Bacon wage rate and other as described in Section V.B.4. of the $20 million or the sum of the amounts requirements as described in ‘‘Labor

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Standards’’, Section III.C.4.g. of this employee of the housing authority or DC 20410–5000. Please make sure that NOFA. the city. The engineer or architect must you note the room number. The correct (b) Community Renewal (CR): The provide his or her license number and room number is very important in balance of funds remaining within the state of registration. If this certification ensuring that your application is project’s TDC limit after the housing is not included in the application after properly accepted and not misdirected. construction costs described in (i) above the cure period described in Section 2. Wrong Address. Applications are subtracted from the TDC limit. This IV.B.4. of the SuperNOFA, mailed to the wrong location or office is the amount of public housing funds extraordinary site costs will not be designated for receipt of the application, available to pay for PHA administration, allowed in the award amount. In this which result in the designated office not planning, infrastructure and other site case, the amount of the extraordinary receiving your application in improvements, community and site costs included in the application accordance with the requirements for economic development facilities, will be subtracted from the grant timely submission, will result in your acquisition, relocation, demolition, and amount. application being considered late and remediation of units to be replaced on 6. Cost Control Standards. a. Your will not receive funding consideration. site, and all other development costs. projected hard development costs must HUD will not be responsible for (3) CSS. You may request an amount be realistic, developed through the use directing packages to the appropriate not to exceed 15 percent of the total of technically competent methodologies, office(s). HOPE VI grant to pay the costs of CSS including cost estimating services, and 3. Delivery and Receipt Procedures. activities, as described in Section comparable to industry standards for the ‘‘Delivery and Receipt Procedures’’ in III.C.4.k.(2) of this NOFA. These costs kind of construction to be performed in Section IV.F. of the SuperNOFA applies, are in addition to, i.e., excluded from, the proposed geographic area. with the following exception: the TDC calculation above. b. Your cost estimates must represent a. Applications sent to HUD through (4) Demolition and Site Remediation an economically viable preliminary plan the United States Postal Service (USPS) Costs of Unreplaced On-site Units. You for designing, planning, and carrying will be considered late and ineligible to may request an amount necessary for out your proposed activities in receive funding if not received on or demolition and site remediation costs of accordance with local costs of labor, before the application due date, units that will not be replaced on-site. materials, and services. regardless of the postmark date. This cost is in addition to (i.e., excluded c. Your projected soft costs must be 4. Proof of Timely Submission. ‘‘Proof from) the TDC calculation above. reasonable and comparable to industry of Timely Submission ‘‘in Section IV.F. (5) Extraordinary Site Costs. (a) You standards. Upon award, soft costs will of the SuperNOFA applies, with the may request a reasonable amount to pay be subject to HUD’s ‘‘Safe Harbor’’ cost following exception: extraordinary site costs, which are control standards. For rental units, these a. Proof of timely submission for all construction costs related to unusual safe harbors provide specific limitations applications, regardless of whether they pre-existing site conditions that are on such costs as developer’s fees are delivered through USPS, overnight incurred, or anticipated to be incurred. (between 9 and 12 percent), PHA mail service, courier service or hand- If such costs are significantly greater administration/consultant cost (no more carried, shall be the date and time than those typically required for similar than 3 to 6 percent of the total project recorded by the Grant Administrator in construction, are verified by an budget), contractor’s fee (6 percent), the application receipt log. See Section independent, certified engineer or overhead (2 percent), and general IV.C.2. of this NOFA for information on architect (See Section IV.B. for conditions (6 percent). HUD’s Cost the application receipt log. documentation requirements.), and are Control and Safe Harbor Standards can 5. SuperNOFA References. The approved by HUD, they may be be found on the Grants.gov Web site. following sub-sections of Section IV. of excluded from the TDC calculation d. If you are eligible for funding, HUD the SuperNOFA are hereby incorporated above. Extraordinary site costs may be will delete any unallowable items from by reference: incurred in the remediation and your budget and may reduce your grant (1) Addresses to Request Application demolition of existing property, as well accordingly. Package; as in the development of new and 7. Withdrawal of Grant Amounts. In (2) Application Kits; rehabilitated units. Examples of such accordance with Section 24(i) of the (3) Guidebook and Further costs include, but are not limited to: 1937 Act, if a grantee does not proceed Information; and Abatement of extraordinary within a reasonable timeframe, as (5) Addresses. environmental site hazards; removal or described in Section VI.B.2. of this replacement of extensive underground NOFA, HUD shall withdraw any V. Application Review Information utility systems; extensive rock and soil unobligated grant amounts. HUD shall A. Criteria. removal and replacement; removal of redistribute any withdrawn amounts to 1. Rating Factor: Capacity—25 Points hazardous underground tanks; work to one or more other applicants eligible for Total. address unusual site conditions such as HOPE VI assistance or to one or more a. The term ‘‘your Team’’ includes slopes, terraces, water catchments, other entities capable of proceeding PHA staff who will be involved in lakes, etc.; and work to address flood expeditiously in the same locality in HOPE VI grant administration, and any plain and other environmental carrying out the Revitalization plan of alternative management entity that will remediation issues. Costs to abate the original grantee. manage the revitalization process, be asbestos and lead-based paint from F. Other Submission Requirements. responsible for meeting construction structures are normal demolition costs. 1. Address for Submitting time tables, and obligating amounts in a Extraordinary measures to remove lead- Applications. Send the original and one timely manner. This includes any based paint that has leached into the copy of your completed application to developer partners, program managers, soil would constitute an extraordinary Mr. Milan Ozdinec, Deputy Assistant property managers, subcontractors, site cost. Secretary for Public Housing consultants, attorneys, financial (b) Extraordinary site costs must be Investments, Department of Housing consultants, and other entities or justified and verified by a licensed and Urban Development, 451 Seventh individuals identified and proposed to engineer or architect who is not an Street, SW., Room 4130, Washington, carry out program activities.

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b. Development Capacity. you should assume the following award if a grantee has failed to achieve (1) Capacity of developer—6 points and post-award dates. adequate progress in relation to (a) You will receive 6 points if your cumulative public housing rental unit application demonstrates that: Milestone Date production. Production achievement (i) Your developer or other team numbers will be taken from the members have extensive, recent (within Grant Award ...... April 1, 2005. quarterly reporting system for the the last five years), and successful Grant Agreement Execu- July 1, 2005. tion. quarter most recently completed at the experience in planning, implementing, HUD’s written request for August 1, 2005. time the NOFA is published in the and managing physical development, Supplemental Submis- Federal Register. financing, leveraging, and partnership sions. activities that are comparable in HUD’s approval of Sup- September 1, Percent of public housing unit pro- Points character, scale, and complexity to your plemental Submissions. 2005. duction completed deducted proposed revitalization activities; (ii) Your developer or other team If grant award takes place after Grants Awarded in FY1993–1997: members have extensive, recent (within October 1, 2004, the grantee’s program Less than 100 ...... 5 Grants Awarded in FY1998: the last five years), and successful schedule may be changed in the 90–100 ...... 0 experience in planning, implementing, Supplemental Submissions to account 80–89 ...... 1 and managing Capital Fund program for the period of time between October 75–79 ...... 2 projects. 1, 2004, and the actual date of grant 70–74 ...... 3 (iii) You propose development using award; and 65–69 ...... 4 low-income tax credits, and you, your (iv) Your management experience and Less than 65 ...... 5 developer, or other team members have previous experience with development Grants Awarded in FY1999: relevant tax credit experience; and activities, including the dollar amount 80–100 ...... 0 (iv) If homeownership, rent-to-own, and timeframe for completion of the 70–79 ...... 1 cooperative ownership, or other major project(s), is sufficient to show that you 60–69 ...... 2 50–59 ...... 3 development components are proposed, have experience in overseeing 40–49 ...... 4 you, your developer, or other team affordable housing development, Less than 40 ...... 5 members have relevant, successful whether it be in-house or implemented Grants Awarded in FY2000: experience in development, sales, or by a private entity. 60–100 ...... 0 conversion activities. (2) You will receive 4 points if your 50–59 ...... 1 (b) You will receive 4 points if your application demonstrates that you have 40–49 ...... 2 developer or other team members have had experience in managing affordable 30–39 ...... 3 some but not extensive experience in housing development in accordance 20–29 ...... 4 the factors described above. with the factors above, but your Less than 20 ...... 5 (c) You will receive 0 points if your experience has not been extensive, and Grants Awarded in FY2001: 25–100 ...... 0 developer or other team members do not your project(s) were completed within 20–24 ...... 1 have the experience described and the the timeframe originally established for 15–19 ...... 2 application does not demonstrate that it the project. 10–14 ...... 3 has the capacity to carry out your (3) You will receive 1 point if your 5–9 ...... 4 Revitalization plan. You will also application demonstrates that you have Less than 5 ...... 5 receive 0 points if your application does had experience in managing affordable not address this factor to an extent that housing development in accordance e. CSS Program Capacity—3 points. makes HUD’s rating of this factor with the factors above, but your See Sections I.D.10., and III.C.4.k and l, possible. experience has not been extensive, and of this NOFA for detailed information c. Development Capacity of your project(s) were not completed on CSS activities. Applicant—6 points. within the timeframe originally (1) You will receive 2 points if your (1) You will receive 6 points if your established for the project. application demonstrates one of the application demonstrates that: (4) You will receive 0 points if your following. If you fail to demonstrate one (i) You have identified potential gaps application does not demonstrate any of the following, you will receive 0 in your current staffing in relation to experience in managing development points: development activities, and you have activities, or if your application does not (a) If you propose to carry out your plans to fill such gaps, internally or address this factor to an extent that CSS plan in-house and you have recent, externally, in a timely manner in order makes HUD’s rating of this factor quantifiable, successful experience in to implement successfully your possible. planning, implementing, and managing Revitalization plan; d. Capacity of Existing HOPE VI the types of CSS activities proposed in (ii) You have demonstrated that Revitalization Grantees. (1) This Section your application, or physical development activities will applies only to applicants that have (b) If you propose that a member(s) of proceed as promptly as possible received HOPE VI Revitalization grants your team will carry out your CSS plan, following grant award, and you will be for fiscal years 1993–2001. If an that this procured team member(s) has able to begin significant construction applicant has more than one HOPE VI the qualifications and demonstrated within 18 months of the award of the Revitalization grant, each will be rated experience to plan, implement, manage, grant. separately, not averaged, and the highest and coordinate the types of activities (iii) Your program schedule indicates deduction will be made. Applicants proposed, and that you have a plan for the date on which the development with HOPE VI Revitalization grants only promptly hiring staff or procuring a proposal, i.e., whether mixed-finance from FY2002 or FY2003, or no existing team member to do so. development, homeownership HOPE VI Revitalization grants are not (2) You will receive 1 point if your development, etc., for each phase of the subject to this section. application demonstrates that: revitalization plan will be submitted to (2) As indicated in the following (a) You have an existing HOPE VI HUD. For application evaluation only, tables, up to 5 points will be deducted grant and your current CSS team will be

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adequate to implement a new program, (ii) Rent collection evaluate the extent of the severe including new or changing programs, (iii) PIC 50058 reporting physical distress of the targeted public without weakening your existing team. (iv) Site-based management experience housing development. If the targeted (b) You do not have an existing HOPE (v) Tenant grievances units have already been demolished, VI Revitalization grant and you (vi) Evictions HUD will evaluate your description of demonstrate how your proposed CSS (vii) Occupancy rate the extent of the severe physical distress team will be adequate to implement a (viii) Unit turnaround of the site as of the day the demolition new program, including new or (ix) Preventive maintenance application was approved by HUD. You changing services, without weakening (x) Work order completion will receive points for the following your existing staffing structure. (xi) Project-based budgeting separate subfactors, as indicated. f. Property Management Capacity—5 (xii) Management of Homeownership (a) You will receive 2 points if your points. (1) Property management and rent-to-own programs application demonstrates that there are activities may be the responsibility of (xiii) Energy Audits major deficiencies in the project’s the PHA or another member of the team, (xiv) Utility/Energy Incentives infrastructure, roofs, electrical, which may include a separate entity (b) You will receive 0 points if your plumbing, heating and cooling, that you have procured or will procure application does not demonstrate that mechanical systems, settlement, and to carry out property management you or your property manager have the other deficiencies in Housing Quality activities. In your application you will goals and plans necessary to administer Standards. describe the number of units and the the above elements of a property (b) You will receive 2 points if your condition of the units currently management plan. application demonstrates that there are managed by you or your property g. PHA Plan—1 point. (1) You will poor soil conditions, inadequate manager, your annual budget for those receive 1 point if your application drainage, deteriorated laterals and activities, and any awards or recognition demonstrates that you have sewers, and inappropriate topography. that you or your property manager have incorporated the revitalization plan (c) You will receive 3 points if your received. described in your application into your application demonstrates that the (2) Past Property Management most recent PHA plan (whether project has at least three of the following Experience—3 points. (a) You will approved by HUD or pending approval). major design deficiencies, including: (i) Inappropriately high population receive 3 points if your application In order to qualify as ‘‘incorporated’’ density, room, and unit size and demonstrates that you or your property under this factor, your PHA plan must configurations; manager currently have extensive indicate the intent to pursue a HOPE VI knowledge and recent (within the last (ii) Isolation; Revitalization grant and the public (iii) Indefensible space; five years), successful experience in housing development for which it is (iv) Significant utility expenses property management of the housing targeted. caused by energy conservation types included in your revitalization (2) You will receive 0 points if you deficiencies that may be documented by plan. This may include market-rate have not incorporated the revitalization an energy audit; and rental housing, public housing, and plan described in your application into (v) Inaccessibility for persons with other affordable housing, including your PHA plan, or if your application disabilities with regard to individual rental units developed with low-income does not address this factor to an extent units, entranceways, and common areas. housing tax credit assistance. If your that makes HUD’s rating of this factor (d) You will receive 3 points if your Revitalization plan includes possible. application demonstrates that there are cooperatively-owned housing, rent-to- h. Public Housing Assessment System (or were, if the site is already own units, or other types of managed (PHAS)—2 points. (1) If you have been demolished) levels of unmitigated lead- housing, in order to receive the points rated as a High Performer for your most based paint, PCBs, mold, and asbestos for this factor, you must demonstrate recent PHAS review, you will receive 2 that make the site or a portion of the site recent, successful experience in the points. and its housing structures unsuitable for management of such housing by the (2) If you have been rated as a residential use. relevant member(s) of your team. Standard Performer for your most recent b. Need for Revitalization: Impact of (b) You will receive 1 point if your PHAS review, you will receive 1 point. the Severely Distressed Site on the application demonstrates that you or (3) If you have been rated as a Surrounding Neighborhood—3 Points. your property manager have some but Troubled Performer that is either (1) HUD will evaluate the extent to not extensive experience of the kind Troubled in One Area or Overall which the severely distressed public required for your Revitalization plan. Troubled, you will receive 0 points. housing project is a significant (c) You will receive 0 points if your i. Section 8 Management Assessment contributing factor to the physical application does not demonstrate that Program (SEMAP)—2 points. (1) If you decline of, and disinvestment by, public you or your property manager have the have been rated as a High Performer for and private entities in the surrounding experience to manage your proposed your most recent SEMAP rating, you neighborhood. In making this plan, or if your application does not will receive 2 points. determination, HUD will evaluate your address this factor to an extent that (2) If you have been rated as Standard narrative, crime statistics, photographs makes HUD’s rating of this factor for your most recent SEMAP rating, you or renderings, socio-economic data, possible. will receive 1 point. trends in property values, evidence of (2) Property Management Plan—2 (3) If you have been rated as Troubled property deterioration and points. (a) You will receive 2 points if for your most recent SEMAP rating, you abandonment, evidence of your application demonstrates that you will receive 0 points. underutilization of surrounding or your property manager have the goals 2. Rating Factor: Need—24 Points properties, and indications of and plans necessary to administer the Total. neighborhood disinvestment. following elements of a property a. Need for Revitalization: Severe (2) You will receive 3 Points if your management plan: Physical Distress of the Public Housing application demonstrates that the (i) Property maintenance Development—10 Points. (1) HUD will project has a significant impact on the

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surrounding neighborhood, as (2) For purposes of this factor, the 3. Rating Factor: Leveraging—16 documented by each item listed above. need for affordable housing in the Points Total. (3) You will receive 2 Points if your community will be measured by a. Leverage. Although related to application demonstrates that the Housing Choice Voucher program match, leverage is strictly a rating factor. project has a moderate impact on the utilization rates and public housing Leverage consists of firm commitments neighborhood, and only some of the occupancy rates, excluding the public of funds and other resources. HUD will items listed above are adequately housing site targeted for revitalization. rate your application based on the documented. In figuring the Housing Choice Voucher amount of funds and other resources (4) You will receive 0 Points if your utilization rate, provide the percentage that will be leveraged by the HOPE VI application does not demonstrate that of units under lease out of the total grant as a percentage of the amount of the project has an impact on the authorized. In figuring the public HOPE VI funds requested. If leverage surrounding neighborhood, or if your housing occupancy rate, provide the sources and amounts are not application does not address this factor percentage of units occupied out of the documented in accordance with to an extent that makes HUD’s rating of total in your public housing inventory, Sections III.C.4.l. and IV.B.5. of this this factor possible. not including the targeted public NOFA, they will not be counted toward c. Need for HOPE VI Funding—8 housing site. You should base your your leverage amounts. Points. (1) HUD will evaluate the extent calculation on the federal public b. Development Leveraging—7 Points. to which you could undertake the housing units you manage. You may not For each commitment document, HUD proposed revitalization activities exclude units in your public housing will evaluate the strength of without a HOPE VI grant. Large amounts inventory that are being reserved for commitment and add the amounts that of available Capital Funds indicate that relocation needs related to other HOPE are acceptably documented. HUD will the revitalization could be carried out VI Revitalization grant(s); or units in then calculate the ratio of the amount of without a HOPE VI grant. Available your public housing inventory that are HUD funds requested to the amount of Capital Funds are defined as non- being held vacant for uses related to a funds that HUD deems acceptably obligated funds that have not been Section 504 voluntary compliance documented. HUD will round figures to earmarked for other purposes in your agreement. If you are a non-MTW site, two decimal points, using standard PHA Plan. To determine the amount of you must use information consistent rounding rules. FY1999–2004 Capital Fund Program with the Section Eight Management (1) You will receive 7 Points if the (including CIAP and CGP) funds Assessment Program (SEMAP) and/or ratio of the amount of HOPE VI funds currently available that could be used to the Public Housing Assessment System requested for physical development carry out the proposed revitalization (PHAS) submissions. If you are an MTW activities (not including CSS, activities, HUD will employ data from site, and do not report into SEMAP and/ administration or relocation) to the LOCCS available at the time of the grant or PHAS, you must demonstrate your dollar value of documented, committed application due date and information utilization and/or occupancy rate using development resources from other from the portions of the PHA Plan that similar methods and information sources is 1:3 or higher. you have submitted as part of your sources in order to earn points under (2) You will receive 6 Points if the application. Funds earmarked in the this rating factor. ratio is between 1:2.50 and 1:2.99. PHA Plan for uses other than the (3) You will receive 3 Points if your (3) You will receive 5 Points if the revitalization proposed in this application demonstrates that: ratio is between 1:2.0 and 1:2.49. application will not be considered (a) The utilization rate of your (4) You will receive 4 Points if the available. See Section IV.B. of this Housing Choice Voucher program is 97 ratio is between 1:1.50 and 1:1.99. NOFA for documentation requirements. percent or higher; or (5) You will receive 3 Points if the (2) You will receive 8 Points if your (b) The occupancy rate of your public ratio is between 1:1.0 and 1:1.49. available Capital Funds balance is up to housing inventory is 97 percent or (6) You will receive 2 Points if the 20 percent of the amount of HOPE VI higher. ratio is between 1:0.50 and 1:0.99. funds requested. (4) You will receive 2 Points if your (7) You will receive 1 Point if the ratio (3) You will receive 6 Points if your application demonstrates that: is between 1:0.25 to 1:0.49. (a) The utilization rate of your available balance is 21–45 percent of the (8) You will receive 0 Points if the Housing Choice Voucher program is amount of HOPE VI funds requested. ratio is less than 1:0.25, or if your between 95 and 96 percent; or, (4) You will receive 4 Points if your (b) The occupancy rate of your public application does not address this factor available balance is 46–70 percent of the housing inventory is between 95 and 96 to an extent that makes HUD’s rating of amount of HOPE VI funds requested. percent. this factor possible. (5) You will receive 2 Points if your (5) You will receive 1 Point if your c. CSS Leveraging—5 Points. (1) You available balance is 71–90 percent of the application demonstrates that: will receive 5 Points if the ratio of the amount of HOPE VI funds requested. (a) The utilization rate of your amount of HOPE VI funds requested for (6) You will receive 0 Points if your Housing Choice Voucher program is CSS activities to the dollar value of available balance is more than 90 between 93 and 94 percent; or documented, committed CSS resources percent of the amount of HOPE VI funds (b) The occupancy rate of your public leveraged from other sources is 1:2 or requested. housing inventory is between 93 and 94 higher. If no HOPE VI funds are c. Need for Affordable Accessible percent. requested for CSS activities because all Housing in the Community—3 Points. (6) You will receive 0 Points if your CSS funds will come from outside (1) Your application must demonstrate application demonstrates that: sources, all adequately-documented the need for other housing available and (a) The utilization rate of your funds from such outside sources will be affordable to families receiving tenant- Housing Choice Voucher program is less counted and you will receive 5 Points. based assistance under section 8 (HCV), than 93 percent; or (2) You will receive 4 Points if the as described below and must be the (b) The occupancy rate of your public ratio is between 1:1.75 and 1:1.99. most recent information available at the housing inventory is less than 93 (3) You will receive 3 Points if the time of the application deadline. percent. ratio is between 1:1.5 and 1:745.

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(4) You will receive 2 Points if the funds. These resources cannot duplicate they may participate meaningfully in ratio is between 1:25 and 1:49. any other type of resource and cannot be the development and implementation (5) You will receive 1 Point if the ratio counted as match. Examples of process. is between 1:1 and 1:1.249. collateral investments include local 5. Rating Factor: Community and (6) You will receive 0 Points if the schools, libraries, subways, light rail Supportive Services—10 Points Total. ratio is less than 1:1, or if your stations, improved roads, day care a. CSS Program Requirements. See application does not address this factor facilities, and medical facilities. Section III.C.4. for CSS program to an extent that makes HUD’s rating of (1) You will receive 2 Points if the requirements. In your application, you this factor possible. ratio of the amount of HOPE VI funds will describe your CSS plan, including d. Anticipatory Resources requested for physical development any plans to implement a CSS Leveraging—2 Points. activities (not including CSS or Endowment Trust. Each of the following Anticipatory Resources relate to administration) to the amount of your subfactors will be rated separately. activities that have taken place in the documented collateral resources is 1:1.0 b. Case Management—2 points. You past and that were conducted in direct or higher. will receive 2 Points if your application relation to a HOPE VI Revitalization (2) You will receive 0 Points if the demonstrates that you will be able to grant. In many cases, PHAs, cities, or ratio of the amount of HOPE VI funds provide case management within 30 other entities may have carried out requested for physical development days from the date of grant award revitalization activities (including activities (not including CSS or execution so that residents who will be demolition) in previous years in administration) to the amount of your relocated have time to participate and anticipation of your receipt of a HOPE documented collateral resources is less benefit from CSS activities before VI Revitalization grant. These than 1:1.0. leaving the site. expenditures, if documented, may be 4. Rating Factor: Resident and c. Needs Identification—1 point. You counted as leveraged anticipatory Community Involvement—3 Points will receive 1 Point if your CSS Program resources. They cannot duplicate any Total. other type of resource and cannot be a. HUD will evaluate the nature, has been developed in response to a counted towards match. Public Housing extent, and quality of the resident and rigorous resident needs identification funds other than HOPE VI community outreach and involvement process and directly responds to the Revitalization, e.g., HOPE VI Demolition you have achieved by the time your identified needs. grant funds, HOPE VI Neighborhood application is submitted, as well as your d. Transition to Housing Self- Networks grant funds, Capital Fund plans for continued and additional Sufficiency—4 points. You will receive Program, may be included, and will be outreach and involvement beyond the up to 4 Points if you address the counted, toward your Anticipatory minimum threshold requirements. See methods you will use to assist public Resources rating below. Section III.C. of this NOFA for Resident housing residents in their efforts to (1) You will receive 2 Points if the and Community Involvement transition to other affordable and ratio of the amount of HOPE VI funds requirements. market-rate housing, i.e., to gain requested for physical development b. Resident and Community ‘‘housing self-sufficiency.’’ activities, not including CSS or Involvement—3 Points. You will receive (1) You will receive up to 4 Points if administration) to the amount of your 1 Point for each of the following criteria your application demonstrates that your documented anticipatory resources is met in your application, which are over CSS Program includes and addresses all 1:0.1 or higher. Your requested amount and above the threshold requirements four of the below items. Your CSS for CSS is shown in Budget Line Item listed in Section III.C.4. of this NOFA. Program: 1408 of form HUD–52825–A, HOPE VI (1) Your application demonstrates (a) Provides measurable outcomes for Budget and your requested amount for that you have communicated regularly this endeavor; administration is shown in Budget Line and significantly with affected (b) Relates your other CSS and FSS Item 1410 of form HUD–52825–A. residents, state and local governments, activities and efforts to the transition of (2) You will receive 0 Points if the private service providers, financing public housing residents to housing self- ratio of the amount of HOPE VI funds entities, developers, and other members sufficiency; requested for physical development of the surrounding community about the (c) Specifically addresses the activities, not including CSS or development of your Revitalization plan community partners, faith-based administration to the amount of your by giving residents and community organizations, etc. that will join you in documented anticipatory resources is members information about your actions the endeavor; and less than 1:0.1. regarding the Revitalization plan and (d) Establishes reasonable limits on e. Collateral Investment Leveraging— providing a forum where residents and the length of time any resident can 2 Points. Collateral investment includes community members can contribute reside in a public housing unit within physical redevelopment activities that recommendations and opinions with a HOPE VI Revitalization Development. are currently underway, or that have yet regard to the development and (2) You will receive up to 2 Points if to begin but are projected to be implementation of the Revitalization your CSS Program includes and completed before October 2009. In order plan. addresses two of four of the above items for a leverage source to be counted as (2) Your application demonstrates (a) through (d). collateral investment, your application your efforts, past and proposed, to make (3) You will receive 0 Points if your must demonstrate that the related appropriate HUD communications about CSS Program includes and addresses activities will directly enhance the new HOPE VI available (i.e., a copy of the less than two of the above items (a) HOPE VI community, but will occur NOFA, computer access to the HUD through (d). whether or not a Revitalization grant is Web site, etc.). e. Partner Commitments—1 point. awarded to you and the public housing (3) Your application demonstrates You will receive 1 Point if you provide project is revitalized. This includes your plans to provide affected residents letters from a variety of experienced economic or other kinds of development with reasonable training on the general organizations and service providers that activities that would have occurred with principles of development, technical represent strong relationships and or without the anticipation of HOPE VI assistance, and capacity building so that commitments to participate in your CSS

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activities and accomplish your CSS were unable to track all residents, as of of residents who relocate from the goals of the program. the HOPE VI Revitalization application targeted project to private or other f. Quality and Results Orientation—2 due date. You must describe the efforts public housing due to revitalization points. You will receive 2 Points if you undertaken to track residents and activities. The Department has have proposed a high quality, results- reasons why all residents were not determined that the costs of such oriented CSS program that is based on tracked; or modifications are eligible costs under a comprehensive case management (b) Describe in your application: (i) the HOPE VI program; system and enables residents affected by An effective plan to track residents who (iv) Where playgrounds are planned, the revitalization plan to access, at a have been or will be relocated from the propose ways to make them accessible minimum, basic elements of education, targeted project; and to children with disabilities, over and job training, and other services that will (ii) A comprehensive plan that will above statutory and regulatory assist them in transforming their lives provide mobility counseling and direct requirements; and and becoming self-sufficient. assistance in locating housing to (v) Where possible, design units with 6. Rating Factor: Relocation—5 Points residents who choose Housing Choice accessible front entrances. Total. See Sections III.C.4. and IV.B. of Voucher assistance that will help them (b) You will receive 1 Point if your this NOFA for Relocation and to fully understand the full range of application demonstrates that you have Relocation Plan requirements. housing opportunities available to them a detailed plan to implement from one a. You will receive 5 Points for this in neighborhoods throughout the to four of the accessibility priorities Factor if: (1) Your Relocation plan: jurisdiction and to find housing in non- stated above, explaining why and how (a) Includes a description of specific poverty areas. You must provide a list you will implement the identified activities that have (or will) minimize of available units to persons with accessibility priorities. permanent displacement of residents of disabilities as required under 24 CFR (c) You will receive 0 Points if your the units that will be rehabilitated or 8.28(a)(3); application does not demonstrate that demolished in the targeted public c. You will receive 2 Points if: (1) You you have a detailed plan that meets the housing site, provided that those meet only one of the factors described specifications above, or if your residents wish to remain in or return to in Section b. above and only state that application does not address this factor the revitalized community; your plan will minimize permanent to an extent that makes HUD’s rating of (b) Includes a description of specific relocation and give housing priority to this factor possible. activities that will give existing current residents. (2) Universal Design—2 Points. (a) residents priority over other families for d. You will receive 0 Points if: (a) You will receive 2 Points if your future occupancy of public housing Your application: application demonstrates that you have units in completed HOPE VI (i) Does not meet either of the factors a specific plan to meet: Revitalization Development projects, or, described in Section (2)(a)(ii) above; (i) The adaptability standards adopted for existing residents that can afford to (ii) Does not include minimization of by HUD at 24 CFR 8.3 that apply to live in non-public housing HOPE VI permanent displacement; or those units not otherwise covered by the units, priority for future occupancy of (iii) Does not give priority for accessibility requirements. Adaptability those planned units; and occupancy in completed HOPE VI is the ability of certain elements of a (c) contains a description of specific Revitalization developments to current dwelling unit, such as kitchen counters, CSS activities that will be provided to residents; or sinks, and grab bars, to be added to, residents prior to any relocation. (b) Your application does not address raised, lowered, or otherwise altered, to (2) You provide a certification that all this factor to an extent that makes accommodate the needs of persons with of the residents of the targeted severely HUD’s rating of this factor possible. or without disabilities, or to distressed public housing project have 7. Rating Factor: Fair Housing and accommodate the needs of persons with been relocated and tracked as of the Equal Opportunity—7 Points Total. different types or degrees of disability. HOPE VI Revitalization application due a. FHEO Disability Issues—4 Points For example, the wiring for visible date; Total. (1) Accessibility—2 Points. emergency alarms may be installed so b. You will receive 4 Points for this (a) Over and above the accessibility that a unit can be made ready for Factor if: (1) Your Relocation Plan: requirements listed in Section III.C. of occupancy by a hearing-impaired (a) minimizes permanent this NOFA, you will receive 2 Points if person (For information on adaptability, displacement of current residents of the your application demonstrates that you see http://www.hud.gov/offices/pih/ public housing site who wish to remain have a detailed plan to: programs/ph/hope6/pubs/glossary.pdf); in or return to the revitalized (i) Provide accessibility in and community and you provide general homeownership units (e.g., setting a (ii) The visitability standards information on the method you will use goal of constructing a percentage of the recommended by HUD that apply to to promote this; homeownership units as accessible units not otherwise covered by the (b) contains general information about units for persons with mobility accessibility requirements. Visitability the amount of CSS that will be provided impairments; promising to work with standards allow a person with mobility to residents prior to any relocation; and prospective disabled buyers on impairments access into the home, but (c) gives existing residents priority for modifications to be carried out at a do not require that all features be made occupancy of planned public housing buyer’s request; exploring design accessible. A visitable home also serves units, or for residents that can afford to alternatives that result in townhouses persons without disabilities, such as a live in other HOPE VI units, priority for that are accessible to persons with mother pushing a stroller or a person those planned units and includes disabilities); delivering a large appliance. See http:/ general information on the method you (ii) Provide one-bedroom accessible /www.hud.gov/offices/pih/programs/ph/ will use to provide this; and rental units for single individuals with hope6/pubs/glossary.pdf for information (2) You: (a) Provide a certification that disabilities; on visitability. The two standards of all of the residents of the targeted (iii) Provide for accessibility visitability are: severely distressed public housing modifications, where necessary, to (A) At least one entrance at grade (no project have been relocated but you Housing Choice Voucher-assisted units steps), approached by a sidewalk; and

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(B) The entrance door and all interior (c) You will receive 0 Points if you do (b) ‘‘public housing rental units’’ are passage doors are at least 2 feet 10 not address all of the above issues, or if defined as rental units that will be inches wide, allowing 32 inches of clear your application does not address this subject to the ACC. passage space. factor to an extent that makes HUD’s (c) Homeownership units and lease- (b) You will receive 0 Points if your rating of this factor possible. purchase units are not considered as application does not demonstrate that (2) Economic Opportunities for Low- public housing. you have specific plans to implement and Very Low-Income Persons (Section (d) Units sold under Section 32 are both (i) and (ii) as specified above, or if 3)—1 Point. not considered as public housing. your application does not address this (a) HOPE VI grantees must comply (2) Unit Mix and Need for Affordable factor to an extent that makes HUD’s with Section 3 of the Housing and Housing—3 Points. (a) Your proposed rating of this factor possible. Urban Development Act of 1968 (12 unit mix should sustain or create more b. Fair Housing and Section 3—3 U.S.C. 1701u) (Economic Opportunities project-based affordable housing units Points Total. (1) Fair Housing—2 Points. for Low- and Very Low-Income Persons that will be available to persons eligible (a) You will receive 2 Points if your in Connection with assisted Projects) for public housing in markets where the application demonstrates that: and its implementing regulations at 24 plan shows there is demand for the (i) You have made and will make CFR part 135. Information about Section maintenance or creation of such units. specific efforts to attract families from 3 can be found at HUD’s Section 3 Web While it is up to you to determine the all segments of the population on a non- site at http://www.hud.gov/fhe/ unit mix that is appropriate for your discriminatory basis and with a broad sec3over.html. site, it is essential that this unit mix spectrum of incomes to the revitalized (b) You will receive 1 Point if your include a sufficient amount of public site through intensive affirmative application demonstrates that you have housing rental units and other project- marketing efforts and how these efforts a feasible plan to implement Section 3 based affordable units. To the extent contribute to the deconcentration of that not only meets the minimum that the local market shows there is a low-income neighborhoods; requirements described in Section (a) demand for it, applicants are (ii) You have made and will make above but also exceeds those encouraged to create additional project- specific efforts to target your marketing requirements. Your plan must include based affordable housing units to be and outreach activities to those persons your goals by age group, types of jobs made available for persons eligible for and groups least likely to know about and other opportunities to be provided, public housing. these housing opportunities, in order to and plans for tracking and evaluation. (b) No Need for Additional Affordable promote housing choice and Section 3 firms must be in place quickly Housing. opportunity throughout your so that residents are trained in time to (i) You will receive 1 Point for this jurisdiction and contribute to the take advantage of employment factor if your application demonstrates deconcentration of both minority and opportunities such as jobs and other that: low-income neighborhoods. In your contractual opportunities in the pre- (A) The utilization rate of your application, you must describe how development, demolition, and Housing Choice Voucher program is less your outreach and marketing efforts will construction phases of the than 95 percent; or (B) The occupancy rate of your public reach out to persons of different races revitalization. Your Section 3 plan must housing inventory is less than 95 and ethnic groups, families with or demonstrate that you will, to the percent. without children, persons with greatest extent feasible, direct training, disabilities and able-bodied persons, (c) Need for Additional Affordable employment, and other economic Housing. and the elderly; and opportunities to: (iii) The specific steps you plan to (i) For this factor, HUD considers you (i) Low- and very low-income take through your proposed activities to in need of project-based affordable persons, particularly those who are affirmatively further fair housing. These housing if: recipients of government assistance for steps can include, but are not limited to: (A) The utilization rate of your (A) Addressing impediments to fair housing, and Housing Choice Voucher program is 95 housing choice relating to your (ii) Business concerns which provide percent or more; or operations; economic opportunities to low- and (B) The occupancy rate of your public (B) Working with local jurisdictions to very low-income persons. housing inventory is 95 percent or more. implement their initiatives to (b) You will receive 0 Points if your (ii) The percentages below are defined affirmatively further fair housing; plan to implement Section 3 does not as the number of planned project-based (C) Implementing, in accordance with meet the standards listed in Section (b) affordable units divided by the number Departmental guidance, relocation plans above, or if your application does not of public housing units that the targeted that result in increased housing choice address this factor to an extent that project contained on the application due and opportunity for residents affected makes HUD’s rating of this factor date; by HOPE VI revitalization activities possible. (iii) You will receive 3 Points if your funded under this NOFA; 8. Rating Factor: Well-Functioning application demonstrates that the (D) Implementing admissions and Communities—8 Points Total. number of project-based affordable units occupancy policies that are a. Affordable Housing. (1) Housing in your plan is 125 percent of the nondiscriminatory and help reduce Definitions. For the purposes of this number of public housing units that the racial and national origin rating section, housing units are defined targeted project contained on the concentrations; and differently than in PIH housing application due date; (E) Initiating other steps to remedy programs, as follows: (iv) You will receive 2 Points if your discrimination in housing and promote (a) ‘‘project-based affordable housing application demonstrates that the fair housing rights and fair housing units’’ are defined as housing units number of project-based affordable units choice. where there are affordable-housing use in your plan is 110 percent of the (b) You will receive 1 Point if you restrictions, e.g., public housing, number of public housing units that the address all of the above issues only in project-based Section 8 (HCV), LIHTC targeted project contained on the a general way. units, HOME units, etc. application due date

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(v) You will receive 1 Point if your market through no fault of their own. but contains minor internal application demonstrates that the HUD encourages applicants to work discrepancies; number of project-based affordable units aggressively to open up the realm of (4) You will receive 0 points if your in your plan is 100 percent of the homeownership. application fails to demonstrate an number of public housing units that the (1) Your application will receive 4 acceptable level of quality and targeted project contained on the Points if your application demonstrates consistency; application due date. that your Revitalization plan includes b. Appropriateness and Feasibility of (vi) You will receive 0 Points if your homeownership and that you have a the Plan—5 Points. (1) You will receive application demonstrates that the feasible, well-defined plan for 5 points if your application number of project-based affordable units homeownership. In order to demonstrates that your Revitalization in your plan is less than the number of demonstrate this, your application plan is: public housing units that the targeted should include descriptions of the (a) Appropriate and suitable, in the project contained on the application due following: context of the community and other date or if your application does not (a) The purpose of your revitalization options, in accordance address this factor to an extent that homeownership program; with the Appropriateness of Proposal makes HUD’s rating of this factor (b) The number of units planned and threshold in Section III.C. of this NOFA; possible. their location(s); (b) Marketable, in the context of local b. Off-Site Housing. (1) Factor (c) A description and justification of conditions; Background. the families that will be targeted for the (c) Financially feasible, as (a) Although not required, you are program; demonstrated in the financial encouraged to consider development of (d) The proposed source of your structure(s) proposed in the application. replacement housing in locations other construction and permanent financing (2) You will receive 3 points if your than the original severely distressed site of the units; and application only moderately (i.e., off-site housing). Locating off-site (e) A description of the demonstrates the criteria of (1)(a)–(c) housing in neighborhoods with low homeownership counseling you or a above. levels of poverty and low concentrations HUD-approved housing counseling (3) You will receive 0 Points if your application does not demonstrate the of minorities will provide maximized agency will provide to prospective criteria of (1)(a)–(c) above. housing alternatives for low-income families, including such subjects as the residents who are currently on-site and c. Neighborhood Impact and homeownership process, housing in Sustainability of the Plan—5 Points. (1) assist the goal of creating desegregated, non-impacted areas, credit repair, mixed-income communities. The effect You will receive 5 Points if your budgeting, and home maintenance. application demonstrates your on-site will be to assist in the (2) You will receive 2 Points for this Revitalization plan, including plans for deconcentration of low-income factor if you address in your description residents and increase the number of retail, office, other economic from one to four of the items listed development activities, as appropriate, replacement units. under (1). (b) Although it is acknowledged that will: (3) You will receive 0 Points for this (a) Result in a revitalized site that will off-site housing is not appropriate in factor if you do not propose to include some communities, if you do not enhance the neighborhood in which the homeownership units in your project is located; propose to include off-site housing in Revitalization plan, your proposed (b) Spur outside investment into the your Revitalization plan, you are not program is not feasible and well surrounding community; eligible to receive this point. defined, or if your application does not (c) Enhance economic opportunities (c) If you propose an off-site housing address this factor to an extent that for residents; and component in your application, you makes HUD’s rating of this factor (d) Remove an impediment to must be sure to include that component possible. continued redevelopment or start a when you discuss other components 9. Rating Factor: Soundness of community-wide revitalization process. (e.g. on-site housing, homeownership Approach—25 Points Total. (2) You will receive 3 Points if your housing, etc.). Throughout your a. Quality and Consistency of the application demonstrates that your application, your unit counts and other Application—2 Points. (1) The Revitalization plan will have only a numerical data must take into account information and strategies described in moderate effect on activities in the the off-site component. your application must be well surrounding community, as described in (2) Off-Site Housing—1 Point. You organized, coherent, and internally (a)(i)–(iv) above. will receive 1 Point if you propose to consistent. Numbers and statistics in (3) You will receive 0 Points if your develop an off-site housing your narratives must be consistent with application does not demonstrate that component(s) and document that: you the information provided in the your Revitalization plan will have an have site control of the property(ies), attachments. Also, the physical and CSS effect on the surrounding community, as that the site(s) meets all environmental aspects of the application must be described in (a)(i)–(iv) above, or if your review requirements, and that the site(s) compatible and coordinated with each application does not address this factor meets site and neighborhood standards, other. Pay particular attention to the to an extent that makes HUD’s rating of in accordance with Section III.C.4.m(1) data provided for: this factor possible. of this NOFA. (a) Types and numbers of units; d. Project Readiness—7 Points. HUD c. Homeownership Housing—4 Points. (b) Budgets; places top priority on projects that will The Department has placed the highest (c) Other financial estimates, be able to commence immediately after priority on increasing homeownership including sources and uses; and grant award. You will receive the opportunities for low- and moderate- (d) Numbers of residents affected. following points for each applicable income persons, persons with (2) You will receive 2 points if your subfactor certified in your application. disabilities, the elderly, minorities, and application demonstrates a high level of (1) You will receive 2 Points if the families where English may be a second quality and consistency; targeted severely distressed public language. Too often these individuals (3) You will receive 1 point if your housing site is completely vacant, i.e., and families are shut out of the housing application has a high level of quality, all residents have been relocated.

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(2) You will receive 2 Points if the (b) Your proposed housing, including spillover revitalization targeted severely distressed public community facilities, and economic activities, property values, etc.; and housing site is cleared, i.e., all buildings development facilities are thoroughly (d) Your success at integrating the are demolished, or your Revitalization integrated into the community through physical and CSS aspects of your plan only includes rehabilitation and no the use of local architectural tradition, strategy. demolition of public housing units.. building scale, grouping of buildings, (2) You will receive 0 Points if your (3) You will receive 1 Point if a and design elements; and application does not include a Master Development Agreement (MDA) (c) Your plan proposes appropriate commitment letter that conforms to the has been developed and is ready to enhancements of the natural specifications in paragraph (b) above. submit to HUD. However, in cases environment. 10. Rating Factor: Incentive Criteria where the PHA (not an affiliate/ (2) You will receive 1 Point if your on Regulatory Barrier Removal—2 subsidiary/instrumentality) will act as proposed site plan, new dwelling units, Points Total. its own developer for all components of and buildings demonstrate design that a. Description. (1) HUD’s Notice, the Revitalization plan, then an MDA is adequately addresses one or two, but America’s Affordable Communities not needed and the one point will be not all three of the elements above. Initiative, HUD’s Initiative on Removal awarded automatically. (3) You will receive 0 Points if your of Regulatory Barriers: Announcement (4) You will receive 1 Point if your proposed design is perfunctory or of Incentive Criteria on Barrier Removal preliminary site design is complete. otherwise does not address the above in HUD’s FY 2004 Competitive Funding elements. You will also receive 0 Points (5) You will receive 1 Point if you Allocations, Federal Register Docket if your application does not address this have held five (5) or more public Number FR–4882–N–03, published on factor to an extent that makes HUD’s planning sessions leading to resident March 22, 2004, provides that most rating of this factor possible. acceptance of the plan. HUD competitive NOFAs will include f. Evaluation—3 Points. You are an incentive for local and state e. Design—3 Points. HUD is seeking encouraged to work with your local excellence in design. We urge you to governments to decrease their regulatory university(ies), other institutions of barriers to the development of carefully select your architects and learning, foundations, or others to planners, and to enlist local affiliates of affordable housing. evaluate the performance and impact of (2) Form HUD–27300 contains national architectural and planning their HOPE VI Revitalization plan over questions that describe your local and organizations such as the American the life of the grant. The proposed state governments’ efforts to decrease Institute of Architects, the American methodology must measure success regulatory barriers. Society of Landscape Architects, the against goals you set at the outset of b. Scoring. (1) If you are considered a American Planning Association, the your revitalization activities. Evaluators local unit of government with land use Congress for the New Urbanism, and the must establish baselines and provide and building regulatory authority, an department of architecture at a local ongoing interim reports that will allow agency or department of a local unit of college or university to assist you in you to make changes as necessary as government, a nonprofit organization, or assessing qualifications of design your project proceeds. Where possible, other qualified applicant applying for professionals or participating on a you are encouraged to form partnerships funding for a project located in the local selection panel that results in the with Historically Black Colleges and unit of government’s jurisdiction, you procurement of excellent design Universities (HBCUs); Hispanic-Serving are invited to answer the 20 questions services. Institutions (HSIs); Community in PART A of form HUD–27300. For HUD encourages you to select a Outreach Partnership Centers (COPCs); those applications in which regulatory design team that is committed to a the Alaskan Native/Native Hawaiian authority is split between jurisdictions process in which residents, including Institution Assisting Communities (e.g., county and town) the applicant young people and seniors, the broader Program (as appropriate); and others in should answer the question for that community, and other stakeholders HUD’s University Partnerships Program. jurisdiction that has regulatory authority participate in designing the new (1) You will receive 3 Points if your over the issue at question. community. application includes a letter(s) from an (a) If you check Column 2 for five to Your proposed site plan, new units, institution(s) of higher learning, ten questions from PART A, you will and other buildings must be designed to foundations, or other organization that receive 1 point in the NOFA evaluation. be compatible with and enrich the specializes in research and evaluation (b) If you check Column 2 for eleven surrounding neighborhood. Local that provides a commitment to work or more questions from PART A, you architecture and design elements and with you to evaluate your program and will receive 2 points in the NOFA amenities should be incorporated into describes its proposed approach to carry evaluation. the new or rehabilitated homes so that out the evaluation if your application is (2) If you are considered a state the revitalized sites and structures will selected for funding. The letter must government, or an agency or department blend into the broader community and provide the extent of the commitment of a state government, applying for appeal to the market segments for which and involvement, the extent to which funding for a project located in the state they are intended. Housing, community you and the local institution of higher government’s jurisdiction, or areas facilities, and economic development learning will cooperate, and the otherwise not covered in Part A, you are space must be well integrated. You must proposed approach. The commitment invited to answer the 15 questions in select members of your team who have letter must address all of the following PART B. the ability to meet these requirements. areas for evaluation: (a) If you check Column 2 for four to (1) You will receive 3 Points if your (a) The impact of your HOPE VI effort seven questions from PART B, you will proposed site plan, new dwelling units, on the lives of the residents; receive one point in the NOFA and buildings demonstrate that: (b) The nature and extent of economic evaluation. (a) You have proposed a site plan that development generated in the (b) If you check Column 2 for eight or is compact, pedestrian-friendly, with an community; more questions from PART B, you will interconnected network of streets and (c) The effect of the revitalization receive two points in the NOFA public open space; effort on the surrounding community, evaluation.

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(3) Applicants that will be providing 3. Final Panel Review. a. A Final c. Threshold Compliance; services in multiple jurisdictions may Review Panel made up of HUD staff d. Corrections to Deficient choose to address the questions in either will: Applications; PART A or PART B for that jurisdiction (1) Review the Preliminary Rating and e. Rating; and in which the preponderance of services Ranking documentation to: f. Ranking. will be performed if an award is made. (a) Ensure that any inconsistencies (4) In no case will an applicant between preliminary reviewers have VI. Award Administration Information receive for this policy priority greater been identified and rectified; and A. Award Notices. than two points for barrier removal (b) Ensure that the Preliminary Rating 1. Initial Announcement. The HUD activities. and Ranking documentation accurately Reform Act prohibits HUD from B. Reviews and Selection Process. reflects the contents of the application. notifying you as to whether or not you HUD’s selection process is designed to (2) Assign a final score to each have been selected to receive a grant ensure that grants are awarded to application; and until it has announced all grant eligible PHAs with the most meritorious (3) Recommend for selection the most recipients. If your application has been applications. HUD will consider the highly rated applications, subject to the found to be ineligible or if it did not information you submit by the amount of available funding, in receive enough Points to be funded, you application due date. After the accordance with the allocation of funds will not be notified until the successful application due date, HUD may not, described in Section II of this NOFA. applicants have been notified. HUD will consistent with its regulations in 24 CFR 4. HUD reserves the right to make provide written notification to all part 4, subpart B, consider any reductions in funding for any ineligible applicants, whether or not they have unsolicited information that you or any items included in an applicant’s been selected for funding. third party may want to provide. proposed budget. 2. Authorizing Document. The notice 5. In accordance with the FY2003 1. Application Screening. a. HUD will of award signed by the Assistant HOPE VI appropriation, HUD may not screen each application to determine if: Secretary for Public and Indian Housing use HOPE VI funds to grant competitive (1) it meets the threshold criteria (grants officer) is the authorizing advantage in awards to settle litigation listed in Section III.C. of this NOFA; and document. This notice will be delivered or pay judgments. (2) it is deficient, i.e., contains any 6. Tie Scores. If two or more by fax and the U.S. Postal Service. Technical Deficiencies. applications have the same score and 3. Revitalization Grant Agreement. b. See Section III.C. of this NOFA for there are insufficient funds to select all When you are selected to receive a case-by-case information regarding of them, HUD will select for funding the Revitalization grant, HUD will send you thresholds and technical deficiencies. application(s) with the highest score for a HOPE VI Revitalization Grant See Section IV.B. of this NOFA for the Soundness of Approach Rating Agreement, which constitutes the documentation requirements that will Factor. If a tie remains, HUD will select contract between you and HUD to carry support threshold compliance and will for funding the application(s) with the out and fund public housing avoid technical deficiencies. highest score for the Capacity Rating revitalization activities. Both you and c. Corrections to Deficient Factor. HUD will select further tied HUD will sign the cover sheet of the Applications. The subsection entitled, applications with the highest score for grant agreement. It is effective on the ‘‘Corrections to Deficient Applications,’’ the Need Rating Factor. date of HUD’s signature. The grant in Section V.B.4. of the SuperNOFA 7. Remaining Funds. a. HUD reserves agreement differs from year to year. Past applies. This sub-section describes the the right to reallocate remaining funds Revitalization Grant Agreements can be Technical Deficiencies cure period. from this NOFA to other eligible found on the HOPE VI Web site at http:/ d. Applications that will not be rated activities under Section 24 of the Act. /www.hud.gov/hopevi. or ranked. HUD will not rate or rank (1) If the total amount of funds 4. Applicant Debriefing. Upon applications that are deficient at the end requested by all applications found request, HUD will provide an applicant of the cure period stated in Section V.B. eligible for funding under Section V.B. a copy of the total score received by of the SuperNOFA or have not met the of this NOFA is less than the amount of their application and the score received thresholds described in Section III.C. of funds available from this NOFA, all for each rating factor. this NOFA. Such applications will not eligible applications will be funded and 5. SuperNOFA References. The be eligible for funding. those funds in excess of the total following sub-section of Section VI.A. of 2. Preliminary Rating and Ranking. requested amount will be considered the SuperNOFA is hereby incorporated a. Rating. (1) HUD staff will remaining funds. by reference: a. Adjustments to Funding. preliminarily rate each eligible (2) If the total amount of funds B. Administrative and National Policy application, SOLELY on the basis of the requested by all applications found Requirements. rating factors described in Section V.A eligible for funding under Section V.B. 1. Grant term. The time period for of this NOFA. of this NOFA is greater than the amount completion shall not exceed 54 months (2) When rating applications, HUD of funds available from this NOFA, from the date the NOFA award is reviewers will not use any information eligible applications will be funded executed. included in any HOPE VI application until the amount of non-awarded funds 2. Timeliness of Development submitted in a prior year. is less than the amount required to Activity. Grantees must proceed within (3) HUD will assign a preliminary feasibly fund the next eligible a reasonable timeframe, as indicated score for each rating factor and a application. In this case, the funds that below. In determining reasonableness of preliminary total score for each eligible have not been awarded will be such timeframe, HUD will take into application. considered remaining funds. consideration those delays caused by (4) The maximum number of points 8. The following sub-sections of factors beyond your control. These for each application is 125. Section V. of the SuperNOFA are hereby timeframes must be reflected in the form b. Ranking. (1) After preliminary incorporated by reference: of a program schedule, in accordance review, applications will be ranked in a. HUD’s Strategic Goals; with the threshold requirement at score order. b. Policy Priorities; Section V.A.

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a. Grantees must submit d. A demolition and disposition (d) Consideration of Relevant Factors. Supplemental Submissions within 90 application, as applicable; and In determining whether to grant a days from the date of HUD’s written e. A homeownership proposal, as requested exception under Section (b) request. applicable. above, HUD will consider the b. Grantees must submit CSS work 5. Management Agreement. HOPE VI cumulative effect of the following plans within 90 days from the execution Revitalization grantees will be required factors, where applicable: of the grant agreement. to develop Management Agreements (A) Whether the exception would c. All other required components of that describe their operation and provide a significant cost benefit or an the Revitalization plan and any other management principles and policies for essential degree of expertise to the submissions not mentioned above must their public housing units. Revitalization plan and demolition be submitted in accordance with the 6. Match. a. Grantees will be required activities that would otherwise not be Quarterly Report Administrative and to show evidence that matching available; Compliance Checkpoints Report, as resources were actually received and (B) Whether an opportunity was approved by HUD. used for their intended purposes provided for open competitive bidding d. Grantees must start construction through quarterly reports as the project or negotiation; within 12 months from the date of proceeds. Sources of matching funds (C) Whether the person affected is a HUD’s approval of the Supplemental may be substituted after grant award, as member of a group or class intended to Submissions as requested by HUD after long as the dollar requirement is met. be the beneficiaries of the Revitalization grant award. This time period may not b. Grantees must pursue and enforce plan and Demolition plan and the exceed 18 months from the date the any commitment (including exception will permit such person to grant agreement is executed. commitments for services) obtained receive generally the same interests or e. Grantees must submit the from any public or private entity for any benefits as are being made available or development proposal (i.e., whether contribution or commitment to the provided to the group or class; mixed-finance development, project or surrounding area that was (D) Whether the affected person has homeownership development, etc.) for part of the match amount. withdrawn from his or her functions or 7. LOCCS Requirements. The grantee the first phase of construction within 12 responsibilities, or the decision making must record all obligations and months of grant award. The program process, with respect to the specific expenditures in LOCCS. schedule must indicate the date on activity in question; 8. Conflict of Interest in Grant which the development proposal for (E) Whether the interest or benefit was Activities. a. Prohibition. In addition to each phase of the revitalization plan present before the affected person was the conflict of interest requirements in will be submitted to HUD. in a position as described in Section (iii) 24 CFR part 85, no person who is an above; f. The closing of the first phase must employee, agent, consultant, officer, or (F) Whether undue hardship will take place within 15 months of grant elected or appointed official of a grantee result either to the grantee or the person award. For this purpose, ‘‘closing’’ and who exercises or has exercised any affected when weighed against the means all financial and legal functions or responsibilities with public interest served by avoiding the arrangements have been executed and respect to activities assisted under a prohibited conflict; and actual activities (construction, etc.) are HOPE VI grant, or who is in a position (G) Any other relevant considerations. ready to commence. to participate in a decision-making 9. Flood Insurance. In accordance g. Grantees must complete process or gain inside information with with the Flood Disaster Protection Act construction within 48 months from the regard to such activities, may obtain a of 1973 (42 U.S.C. 4001–4128), your date of HUD’s approval of your financial interest or benefit from the application may not propose to provide Supplemental Submissions. This time activity, or have an interest in any financial assistance for acquisition or period for completion may not exceed contract, subcontract, or agreement with construction (including rehabilitation) 54 months from the date the grant respect thereto, or the proceeds of properties located in an area agreement is executed. thereunder, either for himself or herself identified by the Federal Emergency 3. HOPE VI Endowment Trust or for those with whom he or she has Management Agency (FEMA) as having Addendum to the Grant Agreement. family or business ties, during his or her special flood hazards, unless: This document must be executed tenure or for one year thereafter. a. The community in which the area between the grantee and HUD in order b. HUD-Approved Exception. (1) is situated is participating in the for the grantee to use CSS funds in Standard. HUD may grant an exception National Flood Insurance program (see accordance with Section III.C.4.k.(2) of to the prohibition in Section (1) above 44 CFR parts 59 through 79), or less this NOFA. on a case-by-case basis when it than one year has passed since FEMA 4. Revitalization Plan. After HUD determines that such an exception will notification regarding such hazards; and conducts a post-award review of your serve to further the purposes of HOPE b. Where the community is application and makes a visit to the site, VI and its effective and efficient participating in the National Flood you will be required to submit administration. Insurance Program, flood insurance is components of your Revitalization plan (2) Procedure. HUD will consider obtained as a condition of execution of to HUD, as provided in the HOPE VI granting an exception only after the a grant agreement. Revitalization Grant Agreement. These grantee has provided a disclosure of the 10. Coastal Barrier Resources Act. In components include, but are not limited nature of the conflict, accompanied by: accordance with the Coastal Barrier to: (a) An assurance that there has been Resources Act (16 U.S.C. 3501), your a. Supplemental Submissions, public disclosure of the conflict; application may not target properties in including a HOPE VI Program Budget; (b) A description of how the public the Coastal Barrier Resources System. b. A Community and Supportive disclosure was made; and 11. Final Audit. Grantees are required Services work plan, in accordance with (c) An opinion of the grantee’s to obtain a complete final closeout audit guidance provided by HUD; attorney that the interest for which the of the grant’s financial statements by a c. A standard or mixed-finance exception is sought does not violate certified public accountant (CPA), in development proposal, as applicable; state or local laws. accordance with generally accepted

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government audit standards. A written (3) Grantees will be held to the 2. Frequently Asked Questions. Before report of the audit must be forwarded to milestones that are reported on the the application due date, frequently HUD within 60 days of issuance. Grant Quarterly Report Administrative and asked questions (FAQ) on the NOFA recipients must comply with the Compliance Checkpoints Report, as will be posted to HUD’s grants Web site requirements of 24 CFR part 84 or 24 approved by HUD. at http://www.hud.gov/offices/adm/ CFR part 85 as stated in OMB Circulars (4) Grantees must also report grants/otherhud.cfm. A–110, A–87, and A–122, as applicable. obligations and expenditures in LOCCS, B. Technical Corrections to the NOFA. 12. Policy Requirements. a. OMB or its successor system, on a quarterly 1. Technical corrections to this NOFA Circulars and Administrative basis. will be posted to the Grants.gov/Find Requirements. You must comply with 2. Logic Model Reporting. a. The Web site and to http://www.hud.gov/ the following administrative reporting shall include submission of a offices/adm/grants/otherhud.cfm. requirements related to the expenditure completed Logic Model indicating 2. Any technical corrections will also of federal funds. OMB circulars can be results achieved against the proposed be published in the Federal Register. found at http://www.whitehouse.gov/ output goal(s) and proposed outcome(s) 3. You are responsible for monitoring omb/circulars/index.html. Copies of the which you stated in your approved OMB circulars may be obtained from these sites during the application application and agreed upon with HUD. preparation period. EOP Publications, Room 2200, New The submission of the Logic Model and Executive Office Building, Washington, C. General Information. General required information should be in information about HUD’s H6 program DC 20503; telephone (202) 395–7332 accord with the reporting timeframes as (this is not a toll-free number). The Code can be found on the Internet at http:// identified in your grant agreement. www.hud.gov/offices/pih/programs/ph/ of Federal Regulations can be found at b. As a condition of the receipt of http://www.access.gpo.gov/nara/cfr/ hope6/. financial assistance under a HUD index.html. Program NOFA, all successful VIII. Other Information (1) Administrative requirements applicable to PHAs are: applicants will be required to cooperate A. Waivers. Any HOPE VI-funded (a) 24 CFR part 85 (Administrative with all HUD staff or contractors activities at public housing projects are Requirements for Grants and performing HUD-funded research and subject to statutory requirements Cooperative Agreements to State, Local, evaluation studies. applicable to public housing projects and Federally Recognized Indian Tribal 3. Final Report. The grantees shall under the 1937 Act, other statutes, and Governments), as modified by 24 CFR submit a final report, which will the annual contributions contract (ACC). 941 or successor part, subpart F, relating include a financial report and a Within such restrictions, HUD seeks to the procurement of partners in mixed narrative evaluating overall performance innovative solutions to the long- finance developments. against its HOPE VI Revitalization plan. standing problems of severely distressed (b) OMB Circular A–87 (Cost Grantees shall use quantifiable data to public housing projects. You may Principles for State, Local, and Indian measure performance against goals and request, for the revitalized project, a Tribal Governments); objectives outlined in its application. waiver of HUD regulations, subject to (c) 24 CFR 85.26 (audit requirements). The financial report shall contain a statutory limitations and a finding of (2) Administrative requirements summary of all expenditures made from good cause under 24 CFR 5.110 if the applicable to nonprofit organizations the beginning of the grant agreement to waiver will permit you to undertake are: the end of the grant agreement and shall measures that enhance the long-term (a) 24 CFR part 84 (Grants and include any unexpended balances. The viability of a project revitalized under Agreements with Institutions of Higher final narrative and financial report shall this program. HUD will assess each Education, Hospitals, and other be due to HUD 90 days after either the request to determine whether good Nonprofit Organizations); full expenditure of funds, or when the cause is established to grant the waiver. (b) OMB Circular A–122 (Cost grant term expires, whichever comes B. Environmental Impact. A Finding Principles for Nonprofit Organizations); first. (c) 24 CFR 84.26 (audit requirements). of No Significant Impact with respect to (3) Administrative requirements VII. Agency Contacts the environment has been made for this notice in accordance with HUD applicable to for profit organizations A. Technical Assistance. 1. Before the regulations at 24 CFR part 50 that are: application due date, HUD staff will be (a) 24 CFR part 84 (Grants and implement Section 102(2)(C) of the available to provide you with general Agreements with Institutions of Higher National Environmental Policy Act of guidance and technical assistance. Education, Hospitals, and other 1969 (42 U.S.C. 4332). The Finding of However, HUD staff is not permitted to Nonprofit Organizations); No Significant Impact is available for assist in preparing your application. If (b) 48 CFR part 31 (contract cost public inspection between 8 a.m. and 5 you have a question or need a principles and procedures); p.m. in the Office of the General clarification, you may call, fax, or write (c) 24 CFR 84.26 (audit requirements). Counsel, Regulations Division, Room Mr. Milan Ozdinec, Deputy Assistant C. Reporting. 10276, Department of Housing and Secretary for Public Housing 1. Quarterly Report. a. If you are Urban Development, 451 Seventh Street, Investments, Department of Housing selected for funding, you must submit a SW., Washington, DC 20410–0500. and Urban Development, 451 Seventh quarterly report to HUD. C. SuperNOFA References. The (1) HUD will provide training and Street, SW., Room 4130, Washington, following sub-sections of Section VIII. of technical assistance on the filing and DC 20410–5000; telephone (202) 401– the SuperNOFA are hereby incorporated submitting of quarterly reports. 8812; fax (202) 401–2370 (these are not (2) Filing of quarterly reports is toll-free numbers). Persons with hearing by reference: mandatory for all grantees, and failure or speech challenges may access these 1. Executive Order 13132, Federalism; to do so within the required timeframe telephone numbers through a text 2. Public Access, Documentation and will result in suspension of grant funds telephone (TTY) by calling the toll-free Disclosure; until the report is filed and approved by Federal Information Relay Service at 4. Section 103 of the HUD Reform HUD. (800) 877–8339. Act;

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5. The FY 2004 HUD NOFA Process Reduction Act, HUD may not conduct or reports and final report. The and Future HUD Funding Processes; sponsor, and an person is not required information will be used for grantee and to respond to, a collection of selection and monitoring the 6. Sense of Congress. information unless the collection administration of funds. Response to D. Paperwork Reduction Act displays a currently valid OMB control this request for information is required Statement. The information collection number. Public reporting burden for the in order to receive the benefits to be requirements contained in this collection of information is estimated to derived. document have been approved by the average 68 hours per annum per Office of Management and Budget Dated: October 25, 2004. (OMB), under the Paperwork Reduction respondent for the application and grant Michael Liu, Act of 1995 (44 U.S.C. 3501–3520) and administration. This includes the time Assistant Secretary for Public and Indian assigned OMB Control Number 2577– for collecting, reviewing, and reporting Housing. 0208. In accordance with the Paperwork the data for the application, quarterly BILLING CODE 4210–33–P

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[FR Doc. 04–24275 Filed 11–2–04; 8:45 am] BILLING CODE 4210–33–C

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Part III

Department of Labor Office of Labor-Management Standards

29 CFR Part 458 Standards of Conduct for Federal Sector Labor Organizations; Proposed Rule

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DEPARTMENT OF LABOR by calling the number below and Web sites, and as an appendix to their scheduling a time for FAX receipt by the constitutions. On May 11, 2004, the Office of Labor-Management Office of Labor-Management Standards. Department convened a meeting of Standards Mail: Mailed comments should be those individuals and organizations that sent to Lary Yud, Deputy Director, would be affected by the Proposed Rule, 29 CFR Part 458 Office of Labor-Management Standards, including officers and members of labor U.S. Department of Labor, 200 organizations. RIN 1215–AB48 Constitution Avenue NW., Room N– The proposed rulemaking amends the Standards of Conduct for Federal 5605, Washington, DC 20210. Because regulations for unions subject to the Sector Labor Organizations the Department continues to experience standards of conduct provisions of the delays in U.S. mail delivery due to the Civil Service Reform Act of 1978, 5 AGENCY: Office of Labor-Management ongoing concerns involving toxic U.S.C. 7120 (CSRA), the Foreign Service Standards, Employment Standards contamination, commenters should take Act of 1980, 22 U.S.C. 4117(d) (FSA), Administration, Department of Labor. this into consideration when preparing and the Congressional Accountability ACTION: Notice of Proposed Rulemaking; to meet the deadline for submitting Act of 1995, 2 U.S.C. 1351(a)(1) (CAA), request for comments. comments. to require such unions to inform It is recommended that you confirm members of the standards of conduct SUMMARY: The Department of Labor’s receipt of your comment by calling (202) provisions found at 29 CFR Parts 457– Employment Standards Administration 693–0123 (this is not a toll-free 459.1 The CSRA standards of conduct is proposing to revise the regulations number). Individuals with hearing regulations make certain provisions of applicable to federal sector labor impairments may call 1–800–877–8339 the Labor-Management Reporting and organizations subject to the Civil (TTY/TDD). Disclosure Act of 1959, 29 U.S.C. 401, Service Reform Act of 1978 (CSRA), the Comments will be available for public et seq. (LMRDA) applicable to federal Foreign Service Act of 1980 (FSA), and inspection during normal business sector labor organizations. The the Congressional Accountability Act of hours at the above address. standards of conduct regulations 1995 (CAA). The purpose of this FOR FURTHER INFORMATION CONTACT: Kay incorporate Title I of the LMRDA (Bill revision is to require labor organizations H. Oshel, Chief, Division of of Rights of Members of Labor subject to the Acts to periodically Interpretations and Standards, Office of Organizations) virtually verbatim, see 29 inform members of their democratic Labor-Management Standards, U.S. CFR 458.2 (prescribing, among other rights as set forth in the standards of Department of Labor, 200 Constitution requirements, equal rights of members, conduct provisions of the Acts and the Avenue NW., Room N–5605, freedom of speech and assembly, implementing regulations. These rights Washington, DC 20210, olms- safeguards against improper discipline, include the right to participate in union [email protected], (202) 693–1233 (this is and the right to a copy of a collective bargaining agreement (for members and affairs, freedom of speech and assembly, not a toll-free number). Individuals with other employees affected by the and the right to nominate candidates for hearing impairments may call 1–800– agreement)), except for the important office and run for office. 877–8339 (TTY/TDD). The Department invites comment on protection found in section 105 of the SUPPLEMENTARY INFORMATION: The this Proposed Rule with respect to the LMRDA, which states that ‘‘every labor preamble to the Proposed Rule is organization shall inform its members benefits of these changes, the ease or organized as follows: difficulty with which labor concerning the provisions of this Act.’’ organizations will be able to comply, I. Background—provides a brief description 29 U.S.C. 415. This proposed change and whether the notice that would be of the development of the Proposed Rule. revises the standards of conduct provided to union members would be II. Authority—cites the legal authority regulations to correct this omission by supporting the Proposed Rule, including this duty to notify members. meaningful, useful, and in accordance Departmental redelegation authority and with the purposes of the CSRA, FSA, Labor organizations are free to devise interagency coordination authority. their own notice language as long as it and CAA. Additionally, comments are III. Overview of the Rule—summarizes invited to address several particular pertinent aspects of the regulatory text, accurately states all union member questions to better inform the and describes the purposes and democratic rights contained in the Department about how to best craft a application of that text. standards of conduct regulations. The final rule that serves the interests of IV. Regulatory Procedure—sets forth the Office of Labor-Management Standards labor organizations subject to the rule, applicable regulatory requirements and (OLMS) will provide language that a the members of such organizations, and requests comments on specific issues. labor organization may use if it so the public. I. Background chooses. Labor organizations will be required to provide all new union DATES: Comments must be received on On April 5, 2002, the Association for members with a notice of their rights or before January 3, 2005. Union Democracy, which describes and, if they have a Web site, the option ADDRESSES: You may submit comments, itself as a non-profit, non-partisan to post their own notice stating all such identified by RIN 1215–AB48, by any of organization that seeks to promote union member democratic rights or to the following methods: democratic principles with the create a hyperlink to Union Member Federal eRulemaking Portal: http:// American labor movement and to Rights and Officer Responsibilities www.regulations.gov. Please follow the educate workers concerning their legal under the Civil Service Reform Act on instructions for submitting comments. rights, petitioned the Secretary of Labor the OLMS Web site. The organizations E-mail: OLMS–REG–1215– to initiate a rulemaking proceeding. [email protected]. Stating that ‘‘[a]ll rights are meaningless 1 To avoid unnecessary repetition, this notice of FAX: (202) 693–1340. To assure if those who possess them are ignorant proposed rulemaking will refer to the standards of access to the FAX equipment, only of them,’’ the letter urged the Secretary conduct provisions of the Civil Service Reform Act, the Foreign Service Act, and the Congressional comments of five or fewer pages will be to require unions to inform their Accountability Act as the ‘‘CSRA standards of accepted via FAX transmittal, unless members of their democratic rights, by conduct.’’ See 5 U.S.C. 7120(d), 22 U.S.C. 4117(d), arrangements are made prior to faxing, publishing the rights in newsletters, 2 U.S.C. 1351(a)(1).

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will also be required to provide written benefits of these changes, the ease or by a member filing a complaint with a notice to all members every three years difficulty with which labor district office, or any other office, of either by enclosing a notice with the organizations will be able to comply, OLMS pursuant to 29 CFR 458.53–.54. statutorily mandated notice of elections and whether the notice that would be If the OLMS District Director or by other methods the organization provided to union members would be determines, after obtaining any may choose. A labor organization may meaningful, useful, and in accordance additional information deemed demonstrate compliance with these with the purposes of the CSRA, FSA, necessary, that there is a reasonable requirements by showing that another and CAA. Additionally, comments are basis for the complaint and there is no labor organization provided an invited to address several particular satisfactory offer of settlement, he or she appropriate notice to all the questions to better inform the will refer the matter for a hearing before organization’s members during the Department about how to best craft a an administrative law judge. 29 CFR necessary time frame. OLMS will have final rule that serves the interests of 458.60. The Department has the authority to initiate investigations labor organizations subject to the rule, determined, however, that enforcement and take enforcement action to remedy the members of such organizations, and of this new provision of the standards any violations of the regulation through the public. of conduct regulations would be more existing administrative enforcement effective if undertaken by OLMS acting mechanisms. II. Legal Authority on its own information, rather than Private litigation under the LMRDA A. Legal Authority relying on an individual to file a has demonstrated that unions have a complaint with OLMS or to prosecute The legal authority for this notice of continuing obligation to inform the action on his own. A union member proposed rulemaking is the standards of members of their rights. In Thomas v. who has not been informed of his rights conduct provisions of the CSRA, 29 International Ass’n. of Machinists, 201 as a union member cannot be expected F.3d 517 (4th Cir. 2000), a labor U.S.C. 7120(d), 7134, and the FSA, 22 to be knowledgeable about the role of organization took the position that a U.S.C. 4117. These provisions expressly OLMS in administering the CSRA notice provided forty years ago, shortly authorize the Assistant Secretary to standards of conduct, and cannot, after the passage of the LMRDA, issue regulations implementing the therefore, be reasonably expected to file satisfied its notice obligations under the standards of conduct that conform a complaint with OLMS in order to LMRDA. The Court of Appeals rejected generally to the principles applicable to remedy the violation. Under these this position, stating that the democratic labor organizations in the private sector, circumstances, the authority of OLMS to principles in the statute ‘‘are that is, the LMRDA. Under the CAA, the seek redress for a union’s failure to meaningless * * * if members do not Office of Compliance, U.S. Congress, inform members about their rights know of their existence [because] if a has issued regulations, expressly should not be made contingent upon the member does not know of his rights, he approved by the House and Senate, receipt of a complaint. Therefore, under cannot exercise them.’’ Machinists, 201 providing that the Secretary is the proposal, an OLMS District Director F.3d at 520. responsible for issuing decisions and is authorized to conduct an The reasoning set forth above in orders on standards of conduct matters. investigation whenever it is necessary to Machinists, an LMRDA case, applies See 142 Cong. Rec. S12062–01, S12074 determine whether any person has with equal force to unions governed by (Oct. 1, 1996); 142 Cong. Rec. H10369– violated the duty imposed by this the CSRA. Furnishing a notice of the 06, 10382 (Sept. 12, 1996). This Proposed Rule. These enforcement CSRA standards of conduct provisions Proposed Rule would add the procedures are similar to those currently furthers the fundamental policies of provisions of LMRDA section 105 to the in effect for provisions such as the labor federal labor law. Union members aware CSRA standards of conduct regulations. organization reporting requirements, 29 of these provisions are more likely to As discussed above, the Fourth CFR 458.3, and the fiscal integrity monitor their labor organization and act Circuit in Thomas v. International requirements, 29 CFR 458.31, which are to remedy any breach in the integrity of Ass’n. of Machinists held that labor initiated by notification to any that organization. Union members who organizations have a continuing appropriate person or labor organization are not informed or aware of their rights obligation to inform members of their as provided at 29 CFR 458.66(b). are less able, or even likely, to take such rights and the union’s responsibilities. action. Although the court did not specify the B. Departmental Authorization The Proposed Rule has three specific nature of that continuing obligation, the Secretary’s Order No. 4–2001, issued parts. First, it would amend the Department has determined to specify May 24, 2001, and published in the regulations to require labor the details of that obligation under the Federal Register on May 31, 2001 (66 organizations representing federal rulemaking authority of the Acts in FR 29656), provides that the Assistant employees to inform their members of order to avoid uncertainty and Secretary for Employment Standards the CSRA standards of conduct confusion. has the responsibility and authority for provisions and the regulations Under the LMRDA, some provisions implementing the standards of conduct promulgated to carry out the purposes are enforced by members in private provisions of the CSRA, the FSA, and of the CSRA, 29 CFR 458.1 to 458.38. litigation while other provisions are the CAA as well as the standards of Second, the rule would provide options enforced by the Department. Title I of conduct regulations at 29 CFR parts for these organizations to consider in the LMRDA, which includes section 457–459. devising their methodology for 105, is enforced by members only informing members. Finally, the rule except for section 104 (Right to Copies III. Overview of the Rule would utilize the existing enforcement of Collective Bargaining Agreements) The Proposed Rule would amend the procedure that is currently used for which may be enforced by members or CSRA standards of conduct regulations violations of reporting and fiscal by the Department. Under the CSRA, the to require labor organizations integrity requirements. See 29 CFR provisions of Title I of the LMRDA that representing federal employees to 458.50–458.53, 458.66–458.93. The have long been incorporated in the inform their members of the CSRA Department invites comment on this CSRA standards of conduct are enforced standards of conduct provisions and the Proposed Rule with respect to the in administrative proceedings initiated regulations promulgated to carry out the

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purposes of the CSRA, 29 CFR 458.1 to 458.31–458.36. Such enforcement achieved at low cost to covered labor 458.38. Labor organizations that actions are not contingent on whether a organizations, the rule is not likely to: represent both federal employees and union member has filed a complaint. (1) Have an annual effect on the non-federal employees (such as a Rather, whenever it appears to an OLMS economy of $100 million or more or national or local union that represents District Director that a violation has adversely affect in a material way the technicians employed by the occurred and not been remedied, the economy, a sector of the economy, Department of Defense and private District Director shall notify any productivity, competition, jobs, the contractors) are not subject to the CSRA appropriate person or labor environment, public health or safety, or standards of conduct. Such unions are organization. If no settlement is reached, state, local, or tribal governments or directly covered by the LMRDA. An the District Director may file a communities; (2) create a serious intermediate body, such as a conference, complaint with the Department’s Chief inconsistency or otherwise interfere general committee, joint or system Administrative Law Judge, who will with an action taken or planned by board, or joint council, which is assign it to an administrative law judge another agency; (3) materially alter the subordinate to an LMRDA-covered (ALJ) and, in such instance, an OLMS budgetary impact of entitlements, national or international labor District Director will be named as the grants, user fees, or loan programs or the organization, is governed by the LMRDA complainant. 29 CFR 458.67. Following rights and obligations of recipients even if the intermediate body has no a hearing, the ALJ will issue a thereof; or (4) raise novel legal or policy dealings itself with private employers recommended decision and order, issues. As a result, the Department has and no members who are employed in which is submitted to the Assistant concluded that a full economic impact the private sector. See 68 FR 58383–84, Secretary for Employment Standards and cost/benefit analysis is not required 58473. Labor organizations subject to along with the record. The parties may for the rule under section 6(a)(3) of the the CSRA standards may meet their file exceptions with the Assistant Order. Because of its importance to the duty to inform members about their Secretary. The Assistant Secretary will public, however, the rule was treated as union member rights by using language then issue a decision and order. 29 CFR a significant regulatory action and was in the DOL publication Union Member 458.69–91. If the Assistant Secretary reviewed by the Office of Management Rights and Officer Responsibilities orders remedial action and finds that it and Budget. under the Civil Service Reform Act has not been effected, the matter is The Proposed Rule would impose (available on the OLMS Web site at referred for appropriate action to the certain burdens associated with the http://www.olms.dol.gov) or, Federal Labor Relations Authority, or in requirement that labor organizations alternatively, by devising their own CAA cases, the Board of Directors of the representing federal employees must language as long as it accurately states Office of Compliance. 29 CFR 458.92. inform their members of the CSRA all CSRA standards of conduct A union member who has not been standards of conduct provisions and the provisions. A copy of the current informed of his rights as a union regulations promulgated to carry out the version of Union Member Rights and member cannot be expected to be purposes of the CSRA, 29 CFR 458.1 to Officer Responsibilities under the Civil knowledgeable about the role of OLMS 458.38. According to the latest available Service Reform Act is appended to this in administering the CSRA standards of Office of Personnel Management figures, proposal. conduct. The union member cannot, The notice is to be provided to as of January 1, 2001, there were therefore, be reasonably expected to file 1,043,479 federal employees in individual members when they join the a complaint with OLMS in order to labor organization and to all members at bargaining units, and these units were remedy the violation. Under these represented by 2,199 local unions. Not least once every three years. The notice circumstances, the authority of OLMS to may be included with the required all of these employees belong to a seek redress for a union’s failure to union, but that number can be used as notice of local union officer elections or inform members about their rights by another method so long as it is the maximum theoretical number of should not be made contingent upon the members who must be informed of their reasonably calculated to reach all receipt of a complaint. Therefore, under members. The Proposed Rule further rights. Since unions are free to add the the proposal, an OLMS District Director, rights notice to the mandatory election requires that if a labor organization has consistent with 29 CFR 458.50, is a Web site, its site must contain a notice that locals by law must mail to authorized to conduct an investigation hyperlink to Union Member Rights and their members every three years, the whenever the District Director believes Officer Responsibilities under the Civil Department assumes that unions will it necessary to determine whether any Service Reform Act on the OLMS Web take advantage of this cost-effective person has violated the duty imposed by site at http://www.olms.dol.gov, or, method of distributing the notice. Under this Proposed Rule. And consistent with alternatively provide the organization’s such circumstances, the cost to unions 29 CFR 458.66(b) and (c), an OLMS own notice as long as the notice would, at most, entail the cost of District Director is authorized to accurately states all of the CSRA 1,043,479 photocopies of the notice, at institute and participate in enforcement standards of conduct provisions. $.15 per page, resulting in a $156,521 The Proposed Rule will be enforced proceedings where a violation of this expenditure every three years, for by OLMS under the procedure currently duty has not been remedied. annualized costs borne by all public established to remedy violations of IV. Regulatory Procedures sector unions of $52,174. It is certain substantive requirements of the conceivable that the required notice will standards of conduct provisions in the Executive Order 12866 increase the weight of each piece of mail regulations. The existing regulations The Proposed Rule has been drafted to the next highest ounce, thus resulting provide that OLMS may initiate an and reviewed in accordance with in a $.23 fee for an extra ounce of first investigation and take enforcement Executive Order 12866. The Department class postage for each envelope. This action without a complaint to enforce, has determined that this Proposed Rule additional mailing cost would amount for example, labor organization is not an ‘‘economically significant’’ at most to $240,000 every three years, reporting requirements, 29 CFR 458.3, regulatory action under section 3(f)(1) of for an annualized cost of $80,000. and fiscal integrity and other financial Executive Order 12866. Because Summing the maximum copying costs safeguards requirements, 29 CFR compliance with the rule can be and the maximum additional postage

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costs results in an additional $396,521 Executive Order 13132, regarding been reviewed carefully to eliminate expenditure every three years, and a federalism, and has determined that the drafting errors and ambiguities. The maximum total annualized costs for all Rule does not have ‘‘federalism proposal specifies clearly the effect of unions of $132,174. Stated otherwise, implications.’’ The economic effects of the rule on existing rules and the the annualized cost to unions would be the rule are not substantial, and it has provisions affected. $.13 per member. Intermediate and no ‘‘direct effects on the States, on the Executive Order 13084: Consultation national labor organizations would not relationship between the national and Coordination With Indian Tribal have to provide separate notice as, government and the States, or on the Governments pursuant to purposed section 458.4(b), distribution of power and they could rely on mailings made by responsibilities among the various The Department certifies that this their subordinate locals. The levels of government.’’ Proposed Rule does not impose approximately 2,199 local unions would substantial direct compliance costs on be subject to an annualized average Regulatory Flexibility Act Indian tribal governments. maximum cost of $60.11. Finally, The Proposed Rule would not have a Executive Order 12630: Governmental unions that maintain a Web site would significant economic impact on a Actions and Interference With be required to create a hyperlink to substantial number of small business Constitutionally Protected Property Union Member Rights and Officer entities. The Proposed Rule will have Rights Responsibilities under the Civil Service only an insignificant impact on any Reform Act or the union’s own notice. covered labor organization. The This Proposed Rule is not subject to The Department has no data on the Secretary has certified to the Chief Executive Order 12630, Governmental number of unions that maintain a Web Counsel for Advocacy of the Small Actions and Interference with site. In addition to the 2,199 local Business Administration that the rule Constitutionally Protected Property unions, the Office of Personnel has no substantial impact on any small Rights, because it does not interfere Management reports 80 national and business entity and, therefore, a with private property rights protected international unions and associations regulatory flexibility analysis is not under the Fifth Amendment of the that have, directly or through local required. Constitution. units, exclusive recognition with Unfunded Mandates Reform Request for Comments departments and agencies of the Executive Branch. Thus it is For purposes of the Unfunded The Department invites comments theoretically possible that 2,279 unions Mandates Reform Act of 1995, this rule about the NPRM from interested parties, would be required to create such a link. does not include a Federal mandate that including labor organizations, union Assuming that the median annual salary might result in increased expenditures members, public interest groups, and of a webmaster is $80,000 and the by State, local, and tribal governments, the public. In particular, the Department creation of a link would take 15 or increased expenditures by the private invites comments that address the minutes, the one-time labor cost of this sector of more than $100 million in any following questions: • requirement would be $22,790, or $10 one year. Are all union member democratic rights stated with accuracy and clarity per union. Paperwork Reduction Act Prior to issuing this proposal, the in the Department of Labor’s publication Department sought the involvement of The Proposed Rule would impose Union Member Rights and Officer those individuals and organizations that certain minimal burdens associated Responsibilities under the Civil Service will be affected by the Proposed Rule, with informing members of their rights. Reform Act? If not, what specific including officers and members of labor As noted in proposed section 458.4, a changes to the language would improve organizations that would be subject to labor organization may satisfy its its accuracy or clarity? the rule. obligation by either using language • In what manner and frequency are supplied by the Department or devising members now apprised of their rights as Small Business Regulatory Enforcement its own language as long as the notice union members? Fairness Act accurately states all of the CSRA • To adequately apprise new The Department has concluded that standards of conduct provisions. Under members of their rights as union this Proposed Rule is not a ‘‘major’’ rule the regulations implementing the members is there an adequate under the Small Business Regulatory Paperwork Reduction Act, ‘‘[t]he public alternative to requiring each union to Enforcement Fairness Act of 1996 (5 disclosure of information originally provide a full written statement of rights U.S.C. 801, et seq.). It will not likely supplied by the Federal government to to each individual at the time he or she result in (1) an annual effect on the [a] recipient for the purpose of joins the union? economy of $100 million or more; (2) a disclosure to the public’’ is not • To adequately apprise existing major increase in costs or prices for considered a ‘‘collection of information’’ members of their rights as union consumers, individual industries, under the Act. 5 CFR 1320.3(c)(2). members is there an adequate Federal, State or local government Therefore, the notice is not subject to alternative to requiring each union to agencies, or geographic regions; or (3) the Paperwork Reduction Act. provide a full written statement of rights significant adverse effects on to each member within a reasonable Executive Order 12988: Civil Justice competition, employment, investment, time after the rule, if promulgated, takes Reform productivity, innovation, or on the effect? What would constitute a ability of United States-based This Proposed Rule has been drafted reasonable amount of time to allow enterprises to compete with foreign- and reviewed in accordance with unions to accomplish such notification? based enterprises in domestic or export Executive Order 12988, Civil Justice • To adequately apprise existing markets. Reform, and will not unduly burden the members of their rights as union Federal court system. The Proposed members, is there an adequate Executive Order 13132: Federalism Rule has been written so as to minimize alternative to requiring each union to The Department has reviewed this litigation and provide a clear legal provide a full written statement of rights Proposed Rule in accordance with standard for affected conduct, and has to each member at periodic intervals?

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• Would a union adequately apprise representing federal employees and § 458.4 Informing members of the members of their rights as union their members? standards of conduct provisions. • members by providing such notice to Should enforcement of violations of (a) Every labor organization subject to members at three-year intervals, or the Proposed Rule be vested in the requirements of the CSRA, the FSA, should the intervals be of greater or individual members or OLMS? or the CAA shall inform its members lesser duration? Clarity of this Regulation concerning the standards of conduct • Would the inclusion of a statement provisions of the Acts and the of members’ rights in the union’s Executive Order 12988 and the regulations in this subchapter. Labor required notice of nominations and President’s Memorandum of June 1, organizations shall provide such notice election of officers be adequate alone to 1998, require each Federal agency to to members at the time they join and to inform members about their rights? write all rules in plain language. The all members at least once every three • Where an intermediate or national department invites comments on how to years. Such notice may be included labor organization holds its required make this Proposed Rule easier to with the required notice of local union elections every four or five years, would understand. For example: elections or may be disseminated by periodic notification at these intervals —Have we organized the material to suit other methods the organization may suffice? your needs? choose as long as it is reasonably • Would a posting, either permanent —Are the requirements in the Rule calculated to reach all members. clearly stated? or periodic, at a union’s offices and on (b) A labor organization may agency bulletin boards to which the —Does the Rule contain technical language or jargon that is not clear? demonstrate compliance with the union has access by virtue of its status requirements of paragraph (a) of this as bargaining representative adequately —Would a different format (grouping and order of sections, use of headings, section by showing that another labor apprise members of their rights as union organization provided an appropriate members? paragraphing) make the Rule easier to • understand? notice to all of its members during the Would the purposes of the necessary time frame. proposed rule be served in whole or in —Would more (but shorter) sections be part by requiring the inclusion of a better? (c) Labor organizations may use the statement of members’ rights as an —Could we improve clarity by adding language in the Department of Labor appendix to the union’s constitution or tables, lists, or diagrams? publication Union Member Rights and bylaws? —What else could we do to make the Officer Responsibilities under the Civil • Should the inclusion of a statement Rule easier to understand? Service Reform Act (available on the OLMS Web site at http:// of members’ rights as an appendix to the List of Subjects in 29 CFR Part 458 union’s constitution or bylaws and www.olms.dol.gov) or may devise their Administrative practice and own language as long as the notice proof that each member has received a procedure, Labor unions, Democratic copy of the constitution and appendix accurately states all of the CSRA rights of labor organization members, standards of conduct provisions. fully satisfy a labor organization’s Reporting and Recordkeeping obligations, i.e., provide a ‘‘safe harbor’’ (d) If a labor organization has a Web Requirements, Standards of conduct for site, its site must contain a hyperlink to for labor organizations? labor organizations. • How are copies of union Union Member Rights and Officer constitutions now made available to Text of Proposed Rule Responsibilities under the Civil Service Reform Act or, alternatively, the labor members, e.g., as a handout or mailing Accordingly, the Department organization’s own notice as long as the at the inception of membership, upon proposes to amend 29 CFR chapter IV notice accurately states all of the CSRA request, by publication in the union’s by adding a new §458.4, as set forth standards of conduct provisions. newsletter or Web site? below. • Should notification by e-mail be Signed at Washington, DC, this 27th day of considered an acceptable means of PART 458—STANDARDS OF October, 2004. apprising union members of their rights CONDUCT Victoria A. Lipnic, where a member has provided an e-mail 1. The authority citation of part 458 Assistant Secretary for Employment address to receive communications from Standards. is revised to read as follows: the union or the union is permitted to Don Todd, utilize agency e-mail systems for similar Authority: 5 U.S.C. 7105, 7111, 7120, 7134; Deputy Assistant Secretary for Labor- communications with members? 22 U.S.C. 4107, 4111, 4117; 2 U.S.C. Management Programs. • How prevalent is the use of Web 1351(a)(1); Secretary’s Order No. 4–2001, 66 sites, e-mail, or both, for intra-union FR 29656, May 31, 2001. Note: The following attachment will not communication by local, intermediate, 2. A new § 458.4 is added directly appear in the Code of Federal Regulations. and national units of unions following §458.3 to read as follows: BILLING CODE 4510–CP–P

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[FR Doc. 04–24451 Filed 11–2–04; 8:45 am] BILLING CODE 4510–CP–C

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Part IV

Department of Labor Office of Labor-Management Standards

Union Organization and Voting Rights: Criteria for Characterizing a Labor Organization as a ‘‘Local,’’ ‘‘Intermediate,’’ or ‘‘National or International’’ Labor Organization; Notice

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DEPARTMENT OF LABOR DATES: Comments must be received on the members in good standing.’’ 29 or before December 3, 2004. U.S.C. 481(b). Section 401(d) of the Act Office of Labor-Management ADDRESSES: You may submit comments, requires that officers of ‘‘intermediate Standards identified by RIN 1215–AB50, by any of bodies, such as general committees, RIN 1215–AB50 the following methods: system boards, joint boards, or joint Federal eRulemaking Portal: http:// councils, shall be elected not less often Union Organization and Voting Rights: www.regulations.gov. Please follow the than once every four years by secret Criteria for Characterizing a Labor instructions for submitting comments. ballot among the members in good Organization as a ‘‘Local,’’ E-mail: OLMS-REG-1215- standing or by labor organization ‘‘Intermediate,’’ or ‘‘National or [email protected]. officers representative of such members International’’ Labor Organization FAX: (202) 693–1340. To assure who have been elected by secret ballot.’’ access to the FAX equipment, only 29 U.S.C. 481(d). Section 401(a) requires AGENCY: Office of Labor-Management comments of five or fewer pages will be that ‘‘[e]very national or international Standards, Employment Standards accepted via FAX transmittal, unless labor organization * * * shall elect its Administration, United States arrangements are made prior to faxing, officers not less often than once every Department of Labor. by calling the number below and five years either by secret ballot among ACTION: Request for information from scheduling a time for FAX receipt by the the members in good standing or at a the public. Office of Labor-Management Standards convention of delegates chosen by secret ballot.’’ 29 U.S.C. 481(a). SUMMARY: This notice is a request for (‘‘OLMS’’). Mail: Mailed comments should be The Act does not define the terms information from the public to assist the sent to Lary Yud, Deputy Director, ‘‘local,’’ ‘‘intermediate,’’ or ‘‘national or Department of Labor (‘‘Department’’) in Office of Labor-Management Standards, international.’’ The Department’s evaluating its methods for determining regulations state: ‘‘The characterization when a labor organization constitutes a U.S. Department of Labor, 200 of a particular organizational unit as a ‘‘local,’’ ‘‘intermediate’’ or ‘‘national or Constitution Avenue, NW., Room N– ‘local,’ ‘intermediate,’ etc., is international’’ labor organization. Title 5605, Washington, DC 20210. Because determined by its functions and IV of the Labor-Management Reporting the Department continues to experience purposes rather than the formal title by and Disclosure Act of 1959 (‘‘Act’’), 29 delays in U.S. mail delivery due to the which it is known or how it classifies U.S.C 481–484, gives the Secretary of ongoing concerns involving toxic itself.’’ 29 CFR 452.11. The same Labor authority to enforce the union contamination, commenters should take regulation provides examples of entities officer election provisions of the Act. this into consideration when preparing that are intermediate bodies, i.e., The Act calls for different election to meet the deadline for submitting ‘‘general committees, conferences, intervals and methods, depending on comments. It is recommended that you confirm system boards, joint boards, or joint the type of labor union holding the receipt of your comment by calling (202) councils, certain districts, district election. In cases in which the labor 693–0123 (this is not a toll-free councils and similar organizations.’’ Id. organization at issue has no subordinate number). Individuals with hearing Various of these named intermediate labor organizations, the Department impairments may call 1–800–877–8339 bodies are described more fully considers the labor organization to be a (TTY/TDD). elsewhere, see 29 CFR 451.4(f), but none local union if it exercises functions Comments will be available for public of the regulations comprehensively traditionally associated with local labor inspection during normal business define any of these critical terms, or organizations. In cases in which an hours at the above address. provide a framework for distinguishing intermediate body with subordinate FOR FURTHER INFORMATION CONTACT: among local, intermediate or national local unions is claimed to be a local Kay and international labor organizations. union, the Department considers the H. Oshel, Chief, Division of Interpretations and Standards, Office of The definition of the term labor intermediate body to be a local union if organization is also relevant to the intermediate body performs so many Labor-Management Standards, U.S. Department of Labor, 200 Constitution identifying the status—local, of the functions of the local unions that intermediate, or national or the local unions no longer continue to Avenue, NW., Room N–5605, Washington, DC 20210, olms- international—of a labor organization. play a meaningful role. See Harrington Indeed, the first step in any such v. Chao, 372 F.3d 52 (1st Cir. 2004). [email protected], (202) 693–1233 (this is not a toll-free number). Individuals with inquiry is to confirm that the entity in This analysis has been informed by the question is in fact a labor organization. Department’s interpretative regulation, hearing impairments may call 1–800– 877–8339 (TTY/TDD). The term labor organization is defined found at 29 CFR 452.11, which states: by statute: ‘‘The characterization of a particular SUPPLEMENTARY INFORMATION: organizational unit as a ‘local,’ I. Background ‘‘Labor organization’’ means a labor ‘intermediate,’ etc., is determined by its organization engaged in an industry affecting commerce and includes any organization of functions and purposes rather than the a. The Statutory, Regulatory and Administrative Framework any kind, any agency, or employee formal title by which it is known or how representation committee, group, association, it classifies itself.’’ The purpose of this Under the Labor-Management or plan so engaged in which employees Request for Information is to seek public Reporting and Disclosure Act, the participate and which exists for the purpose, comment on whether the Department’s frequency and method by which a labor in whole or in part, of dealing with criteria for determining when a union is organization must elect its officers employers concerning grievances, labor a local, intermediate or national or depends on whether it is a local union, disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any international union is appropriate, or an intermediate union, or a national or conference, general committee, joint or whether there are alternatives that international union. Specifically, system board, or joint council so engaged would better serve the purposes of the section 401(b) of the Act requires that which is subordinate to a national or Act, and properly balance the interests ‘‘[e]very local labor organization shall international labor organization, other than a of labor organizations and union elect its officers not less often than once State or local central body. members. every three years by secret ballot among 29 U.S.C. 402(i).

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As a related part of this inquiry, it is entity and the overall union hierarchy is employer; and disciplines its members often necessary to determine that the the first step in analyzing whether the and officers.’’ Id. entity is a distinct labor organization union is a local, intermediate, or A second case also reflects the rather than merely a part or component national or international labor union. Department’s method for determining of a larger labor organization. To resolve whether a labor union is a local, under b. Unions Without Subordinate Labor this question, the Department has circumstances where a structural Organizations adopted a methodology, found in the analysis has revealed that a union that LMRDA Interpretative Manual, to In all cases, the Department begins the claims not to be a local union is the determine whether an entity is a analysis of whether a union is a local, entity closest to the union members. In discrete labor organization or merely an intermediate, or national or Donovan v. Nat’l Transient Div., Int’l undifferentiated portion of an international union with an analysis of Bhd. of Boilermakers, (‘‘Boilermakers’’), encompassing labor organization. The the union’s structure. This structural 736 F.2d 618 (10th Cir. 1984), the methodology follows: analysis is used to determine whether defendant, National Transient Division the entity is a labor organization, to (‘‘NTD’’), characterized itself as a 030.603 Separate Existence determine whether it constitutes one or division of an international labor To be considered a labor organization more unions, and to determine where it organization. It represented craftsmen under the Act an entity must be a separate is situated, if at all, within a larger who traveled throughout the United organization having an organic existence or hierarchy of affiliated unions. Two cases States. Id. at 619. The court first held structure of its own, in addition to having the that the NTD was a labor organization other characteristics of a labor organization illustrate the analysis that the as set forth in sections 3(i) and (j) [29 U.S.C. Department applies when such a itself, and not merely a division of the 402(i) (j)]. It may not be a mere structural review reveals that an entity international labor organization. Id. at administrative arm or an integral, that has no subordinate bodies claims to 621–22. Next, the court determined that undifferentiated part of another labor be an intermediate or national or the NTD was a local, rather than an organization. Various factors are considered international union. In Schultz v. international, labor organization. Id. at when determining whether an entity has a 622–23. The court observed that the separate existence. It is not feasible to Employees’ Fed’n of the Humble Oil & Refining Co. (‘‘Humble Oil’’), 74 L.R.R.M NTD was ‘‘subordinate to the prescribe a precise formula. An analysis must International, and has no subordinate be made of all the facts concerning the (B.N.A.) 2140, 1970 U.S. Dist. LEXIS structure and function of a particular entity 12288, 1970 WL 5445, (S.D. Tex. Mar. labor organizations.’’ Id. at 623. Thus, and a determination made on the evidence as 31, 1970), the defendant, Employees’ the court held, the NTD ‘‘has the a whole. Factors to be considered include: Federation of the Humble Oil and relatively simple organizational Whether the existence of the entity is Refining Company, Production structure characteristic of local labor recognized by means of a charter, reference Department, South Texas Division, organizations.’’ Id. in the parent body’s constitution, or some The court also reviewed the functions contended that it could not be a local other manner; whether it has a distinct and of the union. ‘‘Most important, NTD union because it contained 26 divisions identifiable membership; whether it may performs the functions of a local. NTD that were separate locals. The accept or reject applications for membership; officials negotiate the basic terms of whether it has its own officers; whether it Department disagreed, and filed a civil collective bargaining agreements, ensure holds meetings as a unit with some regularity enforcement action against the or frequency; whether it has assets of its own; that those agreements are enforced, defendant. As suggested by the LMRDA handle grievances, collect dues from whether it may expend funds allocated to it Interpretative Manual, discussed above, or raised by it; whether it may assess and members, maintain out-of-work lists, the court first determined whether the collect dues, fees or assessments; whether it hold meetings at which members may discipline its members; whether it is defendant’s divisions were discrete express their views, and provide a represented as a unit at conventions or labor organizations. Humble Oil, 74 number of other services directly to meetings of a parent or other body; and L.R.R.M. at 2141–42. The court NTD members.’’ whether it engages in collective bargaining, determined that the divisions had no In both Boilermakers and Humble Oil, grievance handling, or any business autonomy separate from the defendant. arrangements. the Department advanced the position Id. at 2143. The divisions did not that the structure of a union must be LMRDA Interpretative Manual, 030.603. maintain any bank accounts, lease any closely analyzed to determine whether As will be discussed in greater detail office space, or employ any persons. Id. the entity in question is part of another below, the definition of ‘‘labor They maintained no dues records, labor organization or whether it has organization’’ and the methodology for membership lists, admission subordinate labor organizations. In both determining separate existence are procedures, and retained no authority to cases, this analysis revealed that the critical to determining whether an entity expel or discipline officers or members. labor organization in question was the is a labor union, whether it constitutes Id. The divisions were thus, the court labor organization closest to the one or more unions, and whether it has held, ‘‘mere administrative arms or members. At that point, the Department a parent or subordinate union or unions. subunits’’ of the defendant, and the looked to whether the union exercised Many larger labor unions conform to a defendant thus had ‘‘the non-complex a variety of functions traditionally three tier configuration, with local structure [that] is typical of a local labor associated with local labor unions, and unions residing at the bottom tier, in a organization,’’ with no discrete labor if so, took the position that the union position subordinate to intermediate organizations subordinate to it. Id. was a local labor organization. bodies, which are themselves Having determined that the subordinate to a national or defendant’s structure was consistent c. Intermediate Bodies With Subordinate international union. Application of the with a local labor organization, the court Labor Organizations definition of ‘‘labor organization’’ and reviewed the defendant’s functions. The In a recent case, the Department the separate existence factors reveals court wrote: ‘‘The defendant performs examined the methodology used to whether a union is placed within a the basic local union functions. It settles distinguish an intermediate union from larger union hierarchy, and, if so, where grievances; collects dues and establishes a local union. Harrington v. Chao, 372 the union is so situated. The wages, benefits and working conditions F.3d 52, 63 (1st Cir. 2004). In this case, determination of the structure of the by contract negotiations with the the labor organization in question was

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structurally intermediate, in that it was its officers every four years either by union structure to be a local, the subordinate to a national union and secret ballot among the members in statement observed that Congress’ oversaw local labor organizations, but it good standing or by a vote of delegates requirement of direct elections for local performed a number of important who had been elected by secret ballot by unions demonstrated its view that local functions generally performed by local the members in good standing of unions perform meaningful functions. unions. The ‘‘inquiry in determining NERCC’s subordinate locals. Viewing the regulation in light of this whether an entity designated by the The complainants challenged this history and Congressional intent, the union as an intermediate body should determination in United States District Department concluded, ‘‘If the instead be considered a local body,’’ the Court, which rejected the suit. subordinate organizations in fact Department explained, ‘‘is whether the Harrington v. Herman, 138 F. Supp. 2d continue to perform functions and exist intermediate body has taken on so many 232 (D. Mass. 2001). The complainants for purposes traditionally associated of the traditional functions of a local appealed to the United States Court of with local labor unions, the union’s union that it must in actuality be Appeals for the First Circuit, which characterization of an entity placed considered a local union.’’ January 31, reversed the district court and vacated structurally between such organizations 2003, Supplemental Statement of the Department’s Statement of Reasons. and the international union as an Reasons for Dismissing the Complaint of Harrington v. Chao, 280 F.3d 50 (1st Cir. ‘intermediate body’ will be upheld even Thomas Harrington, p 3. ‘‘If the 2002). The statement was flawed, the though the intermediate body also subordinate organizations in fact court held, because it left two questions performs some other functions continue to perform functions and exist unanswered. Id. at 57. First, the traditionally associated with local for purposes traditionally associated statement suggested that the Department unions.’’ Supplemental Statement of with local labor unions, the union’s had rejected a ‘‘functional’’ analysis in Reasons, p.4. characterization of an entity placed determining whether a labor Second, the Department analyzed the structurally between such organizations organization is a local or an legislative history of the Act and the and the international union as an intermediate labor organization, actual practices of unions when the Act ’intermediate body’ will be upheld even notwithstanding a regulation holding was passed to conclude that though the intermediate body also that the ‘‘characterization of a particular intermediate, national, and international performs some other functions organizational unit * * * is determined labor organizations at that time engaged traditionally associated with local by its functions and purposes.’’ Id.; see in important representational activity unions.’’ Id. at 4. This analysis was 29 CFR 425.11. Second, the statement both in conjunction with, and in lieu of, upheld by the U.S. Court of Appeals for failed to discuss two relevant cases, subordinate local unions. Specifically, the First Circuit. Harrington, 372 F.3d at leaving it unclear whether the the Department noted that the Act’s 63. Department’s approach was consistent legislative history makes it clear that The Department’s extensive with these precedents, and the positions intermediate bodies may wield explanation of the method for that the Department had taken while ‘‘responsible governing power’’ within a distinguishing intermediate unions from litigating them. Id. at 57–58, citing labor union without being considered local unions was the result of a union Donovan v. Nat’l Transient Div., Int’l local unions under the Act. S. Rep. No. member’s complaint, and subsequent Bhd. of Boilermakers, (‘‘Boilermakers’’), 187, 86th Cong., 1st Sess. at 20, litigation. In 1999, several union 736 F.2d 618 (10th Cir. 1984), and reprinted in 1959 U.S.C.C.A.N. 2318, members filed an election protest with Schultz v. Employees’ Fed’n of the 2336. National Labor Relations Board the Secretary pursuant to Title IV of the Humble Oil & Refining Co. (‘‘Humble decisions issued prior to enactment of Act, 29 U.S.C. 482, arguing that the New Oil’’), 1970 U.S. Dist. LEXIS 12288, 1970 the Act, the Department noted, made England Regional Council of Carpenters WL 5445, 74 LRRM 2140 (S.D. Tex. Mar. plain the practice of superior labor (‘‘NERCC’’) was not an ‘‘intermediate 31, 1970). organizations to bargain collectively on body,’’ but a ‘‘local labor organization’’ On remand, the Department issued a behalf of subordinate entities. required by section 401(b) of the Act to lengthy Supplemental Statement of Third, the statement observed that the ‘‘elect its officers not less often than Reasons that explained why the NERCC organization’s placement within the once every three years by secret ballot was properly characterized as an structure of a union was ‘‘highly among the members in good standing.’’ intermediate body under the Act, the relevant in determining whether it is a 29 U.S.C. 481(b). The NERCC comprised regulations, and the applicable ‘local’ or ‘intermediate’ union.’’ The 27 affiliated locals and was subordinate precedent. First, the statement statute itself identifies intermediate to the United Brotherhood of Carpenters recognized that the Department’s bodies by their structural placement and Joiners of America (‘‘UBC’’), a regulations, specifically 29 CFR 452.11, within the hierarchy of affiliated national labor organization. The NERCC made it clear that whether an entity is unions, or by a name historically was created in 1996, when the UBC a local or intermediate body is associated with a particular tier within combined state and district councils, as dependent upon its ‘‘functions and the union. The term Congress used to well as independent local unions, into purposes’’ as opposed to ‘‘the formal denominate these entities—intermediate larger regional councils. In New title by which it is known or how it bodies—suggests the relevance of an England, the NERCC, a single, regional classifies itself.’’ In construing this organization’s placement within the council overseeing a number of pre- language, the Department reasoned that overall structure of the union. The existing local unions, had over 25,000 an entity designated by the union as an language of the statute, the Department members. The NERCC’s subordinate intermediate body should instead be concluded, authorized the Department bodies constituted separate labor considered a local body if the to take into account the entity’s organizations. intermediate body ‘‘has taken on so structural placement when considering In April 2000, the Department issued many of the traditional functions of a whether it is an intermediate body or a a Statement of Reasons explaining why local union that it must in actuality be local union. it had determined that the NERCC was considered a local union.’’ Although the The Department also reviewed the an ‘‘intermediate bod[y]’’ within the statement recognized that the case law for consistency with its meaning of section 401(d) of the Act, 29 Department has never found an analysis of the regulation, statute, and U.S.C. 481(d), and could therefore elect organization at the middle tier of a legislative history. The statement

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concluded that the positions that the ‘‘responsible governing powers,’’ and To better understand the effect of the Department took in Boilermakers and nothing in the statute required the Department’s current regulatory and Humble Oil, and the dispositions in Department to draw up a list of interpretive framework on unions, those cases, did not compel a different functions that could be performed by union members, and the public, the analysis. In both cases, there were no one kind of entity but not any others. Id. Department seeks additional labor organizations subordinate to the at 62. The court concluded that information. This information will union whose status was at issue, and although the Department’s approach permit the Secretary to determine categorization as a local union was thus had shifted in emphasis, the Department whether the Department’s position consistent with both the union’s was permitted some flexibility in adequately meets the needs of labor structure and functions. The cases, the interpreting the Act and the regulations organizations and their members, and to statement concluded, provided no provided it furnished some explanation, determine whether additional controlling authority when a union’s which it did here. Id. at 63. rulemaking is necessary to fully realize structure and functions were not In a concurring opinion, Circuit Judge the purposes of the Act. aligned. Lipez expressed concern that Congress Applying the Department’s analysis, did not intend intermediate bodies to II. Information Sought which reviewed the NERCC’s structural hold the degree of power held by the The Secretary seeks public comment placement within the hierarchy of NERCC, but nonetheless upheld the from interested parties regarding the affiliated unions, the NERCC’s Department’s conclusion because of the Department’s analyses for determining functions, and the functions of the ‘‘highly deferential standard’’ under whether a labor organization constitutes NERCC’s locals, the Department which the courts review the a local, intermediate, or national or determined that the NERCC was an Department’s decision not to sue. Id. at international labor organization. In intermediate union. Dissatisfied with 63–70. In a dissenting opinion, Circuit particular, the Secretary is seeking the Supplemental Statement of Reasons, Judge Torruella faulted the written submissions on the following the complainants renewed the litigation Department’s analysis for focusing on topics: in the United States District Court of the powers retained by the subordinate The terms ‘‘local labor organization’’ Massachusetts, which granted judgment bodies, and not on the NERCC’s powers, and ‘‘intermediate bod[y]’’ and for the complainants. Harrington v. and stated that this represented an ‘‘national or international labor Chao, 286 F.Supp. 2d 80 (D. Mass. impermissible departure from past organization’’ are not defined in the Act 2003). The Department appealed, administrative practice. Id. at 70–75. but they are crucial in the Title IV bringing the issue once again before the scheme for democratic union elections. d. Review of the Method of Determining Court of Appeals for the First Circuit. Should the Secretary issue a regulation In a split decision, the Court of the Status of Labor Organization defining these terms? If so, what should Appeals ruled that the Department did The judicial decision upholding the these definitions be? What elements or not act arbitrarily and capriciously in Department’s method of determining factors should be considered when declining to bring suit against the whether a union is a local or an formulating definitions for these terms? NERCC. Harrington v. Chao, 372 F.3d intermediate held that the Department’s Are there certain functions that are so 52 (1st Cir. 2004). The court reversed position was lawful, but did not address inextricably related to the fundamental the district court, upholding the whether the position struck the most purpose of unions and the daily work Department’s determination that the favorable balance between protecting life of their members that labor NERCC is an ‘‘intermediate’’ labor union members’ interests and organizations exercising these functions organization and therefore not required preserving unions’ ability to structure must be considered local unions? to elect its officers directly. Id. themselves in a manner they deem most If so, what are these functions? Are The complainant’s primary argument advantageous. these functions limited to labor relations was that the Department did not focus In its initial opinion, the Court of functions such as negotiating collective upon the NERCC in conducting its Appeals indicated that if the Secretary bargaining agreements, ratifying analysis, in order to determine whether should wish to change the governing collective bargaining agreements, the NERCC exercised local rather than regulation, 29 CFR 452.11, she must do handling grievances, handling intermediate functions, but improperly so in accord with the general arbitration, controlling work referral focused on the locals themselves. Id. at rulemaking provisions of the systems, controlling business agents, 60. Circuit Judge Lynch, writing for the Administrative Procedure Act, 5 U.S.C. controlling organizers, controlling court, observed that the Department 553. Harrington v. Chao, 280 F.3d at 59. stewards, calling strikes, etc.? Or should examined the functions of the NERCC, Congress has implicitly delegated the other functions such as disciplining as well as those of the locals, and noted authority to the Secretary to interpret members, raising rates of dues, or that some of those functions, such as the union officer election provisions of controlling a large part of the dues paid collective bargaining and disciplining the Act by charging her with a variety by members also be considered? members, have historically been the of substantial responsibilities under the If a list of such functions could be province of both locals and intermediate statute, not the least of which is the compiled, how would the functions be bodies dating back prior to the passage Secretary’s authority to investigate applied to determine local union status? of the Act. Id. at 60. Further, the court allegations of election violations. See 29 For example, should such a method rejected the argument that because a U.S.C. 481. The delegation of legal require that an entity exercise a certain local traditionally performed collective interpretive power is also evident in her number of the functions to be bargaining and grievance handling, any exclusive authority to file a civil action considered a local or are one or two of labor organization, regardless of its in U.S. district court, seeking an order the functions so critical that exercising placement within the union’s structure, that a union election be declared void, them would be evidence of local status? would also be local if it performs these and a new election be conducted under Are there any functions uniquely functions. The court reasoned that this the supervision of the Department of associated with national or international assumption would contradict the Labor. See 29 U.S.C. 482. unions, suggesting that any entity with Congressional observation that The determination of the status of a such characteristics would be intermediate bodies exercise labor organization is a complex matter. considered a national or international

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union? Similarly, are there functions above a local labor organization within analysis apply if the entity at issue has that are uniquely associated with a hierarchy of affiliated labor constituent labor organizations? Should intermediate bodies? organizations in determining if it is a the method of distinguishing a national The factors that the Department uses local or intermediate body? Would the or international union from a local in determining whether an entity has a application of a strictly functional test union be the same or different than that separate organic existence or structure to determine the status of a labor union used to distinguish an intermediate of its own, as described in the LMRDA be consistent with the Act? body from a local? Interpretative Manual, are: What concerns, if any, would arise In addition to these questions, the • Whether the existence of the entity is from an intermediate body being Department seeks information and referenced through a charter, referenced in reclassified as a local union? What evidence on the following topics: the parent body’s constitution and bylaws, effect, if any, would classification of an • The functions performed by a typical or some other manner intermediate body as a local union have local in 1959 • Whether it has its own constitution and on the local status of its subordinate • The functions performed by a typical bylaws, or other governing rules unions (assuming the subordinate • Whether it has a distinct and identifiable intermediate body in 1959 membership unions retain sufficient functions and • The difference in the functions of • Whether it may accept or reject attributes distinct from the purported locals today as compared to 1959 intermediate body to constitute discrete applications for membership • The difference in the functions of • labor organizations)? Can a union Whether it has its own officers intermediate bodies today as • Whether it holds meetings as a unit with supervise other local unions and still compared to 1959 some regularity or frequency maintain status as a local union? • • Situations in which union bodies Whether it has assets of its own There appear to be cases in which an other than a local union perform sessments intermediate body, or a national or • Whether it may discipline its members functions such as negotiating international union, has members that • Whether it is represented as a unit at collective bargaining agreements, are not members of a local union. What conventions or meetings of a parent or ratifying collective bargaining elections do these members participate other body agreements, handling first stage • in? Should the existence of such Whether it engages in collective bargaining grievances, handling arbitration, • Whether it engages in grievance handling members be a factor in determining the controlling work referral systems, • Whether it engages in any business status of a labor organization as a local controlling business agents, arrangements union? If so, what weight should this controlling organizers, controlling LMRDA Interpretative Manual, 030.603. factor be given? stewards, calling strikes, etc. Are all of these factors relevant to Have any unions changed their determining whether a labor structure in reliance on the Signed at Washington, DC, this 27th day of October, 2004. organization has a separate existence? Department’s existing positions? Have Are relevant factors missing from this unions developed plans to devolve Victoria A. Lipnic, list? At what point has an entity lost so additional responsibility to intermediate Assistant Secretary for Employment many of these attributes that it becomes or national or international labor Standards. an administrative arm of another labor organizations, based on the Don Todd, organization, rather than a separate Department’s articulated positions? Deputy Assistant Secretary for Labor- labor organization? What is the proper analysis to Management Programs. How much significance should be distinguish a national or international [FR Doc. 04–24452 Filed 11–2–04; 8:45 am] attributed to an entity’s placement union from a local? Should a different BILLING CODE 4510–CP–P

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Part V

Department of Education Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind; Notice

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DEPARTMENT OF EDUCATION Individuals with disabilities may blind. The Training of Interpreters for obtain this document in an alternative Individuals Who Are Deaf or Hard of RIN 1820–ZA39 format (e.g., Braille, large print, Hearing and Individuals Who Are Deaf- Training of Interpreters for Individuals audiotape, or computer diskette) on Blind program provides financial Who Are Deaf or Hard of Hearing and request to the contact person listed assistance to pay part of the costs to— Individuals Who Are Deaf-Blind under FOR FURTHER INFORMATION (1) Train manual, tactile, oral, and CONTACT. cued speech interpreters; AGENCY: Office of Special Education and SUPPLEMENTARY INFORMATION: (2) Ensure the maintenance of the Rehabilitative Services, Department of skills of interpreters; and Education. Invitation To Comment (3) Provide opportunities for ACTION: Notice of proposed priorities We invite you to submit comments interpreters to raise their level of and definitions. regarding these proposed priorities and competence. definitions. To ensure that your We propose these priorities and SUMMARY: The Assistant Secretary for definitions to increase the numbers of Special Education and Rehabilitative comments have maximum effect in developing the notice of final priorities interpreters and the knowledge and Services proposes priorities and skills of interpreters working with VR definitions under the Training of and definitions, we urge you to identify clearly the specific proposed priority or consumers. Access to the VR Interpreters for Individuals Who Are environment through the use of Deaf or Hard of Hearing and Individuals definition that each comment addresses. We invite you to assist us in qualified interpreters will, in turn, Who Are Deaf-Blind program. The increase empowerment and Assistant Secretary may use these complying with the specific requirements of Executive Order 12866 employment outcomes of deaf, hard of priorities and definitions for hearing, and deaf-blind VR consumers. competitions in fiscal year (FY) 2005 and its overall requirement of reducing regulatory burden that might result from We will announce the final priorities and later years. We take this action to and definitions in a notice in the focus on training and education as an these proposed priorities and definitions. Please let us know of any Federal Register. We will determine the identified area of national and regional final priorities and definitions after need. We intend for the priorities to further opportunities we should take to reduce potential costs or increase considering responses to this notice and establish a National Interpreter other information available to the Education Center and a Regional potential benefits while preserving the effective and efficient administration of Department. This notice does not Interpreter Education Center or Centers preclude us from proposing or funding that will work through Local Partner the program. During and after the comment period, additional priorities or proposing Networks to provide interpreter additional definitions, subject to education to interpreters at all skill you may inspect all public comments about these proposed priorities and meeting applicable rulemaking levels. The goal of these priorities is to requirements. improve the quality of interpreters in definitions in room 5032, Potomac the field by providing quality Center Plaza, 550 12th Street, SW., Note: This notice does not solicit applications. In any year in which we choose educational opportunities with Washington, DC, between the hours of 8:30 a.m. and 4 p.m., Eastern time, to use these proposed priorities and consumer involvement throughout the definitions, we invite applications through a process and with a specific focus on Monday through Friday of each week except Federal holidays. notice in the Federal Register. When inviting interpreters working with consumers of applications, we designate each priority as Vocational Rehabilitation (VR) services. Assistance to Individuals With absolute, competitive preference, or Distance technologies and distance Disabilities in Reviewing the invitational. The effect of each type of education will be a critical component Rulemaking Record priority follows: to the work of these centers. Absolute priority: Under an absolute On request, we will supply an priority, we consider only applications that DATES: We must receive your comments appropriate aid, such as a reader or meet the priority (34 CFR 75.105(c)(3)). on or before January 3, 2005. print magnifier, to an individual with a Competitive preference priority: Under a ADDRESSES: Address all comments about disability who needs assistance to competitive preference priority, we give these proposed priorities and review the comments or other competitive preference to an application by definitions to Annette Reichman, U.S. documents in the public rulemaking either (1) awarding additional points, Department of Education, 400 Maryland depending on how well or the extent to record for these proposed priorities and which the application meets the priority (34 Avenue, SW., room 5032, Potomac definitions. If you want to schedule an CFR 75.105(c)(2)(i)); or (2) selecting an Center Plaza, Washington, DC 20202– appointment for this type of aid, please application that meets the competitive 2800. If you prefer to send your contact the person listed under FOR priority over an application of comparable comments through the Internet, use the FURTHER INFORMATION CONTACT. merit that does not meet the priority (34 CFR following address: Section 302(f) of the Rehabilitation 75.105(c)(2)(ii)). [email protected]. Act of 1973, as amended (Act), and the Invitational priority: Under an invitational You must include the term ‘‘Training regulations for this program in 34 CFR priority, we are particularly interested in of Interpreters for Individuals Who Are 396.1 state that the Training of applications that meet the invitational priority. However, we do not give an Deaf or Hard of Hearing and Individuals Interpreters for Individuals Who Are Who Are Deaf-Blind’’ in the subject line application that meets the invitational Deaf or Hard of Hearing and Individuals priority a competitive or absolute preference of your electronic message. Who Are Deaf-Blind program is over other applications (34 CFR 75.105(c)(1)). FOR FURTHER INFORMATION CONTACT: designed to establish interpreter training Annette Reichman. Telephone: (202) programs or to assist ongoing training Priorities 245–7489 (voice) or via Internet: programs to train a sufficient number of [email protected]. qualified interpreters in order to meet Background If you use a telecommunications the communications needs of Currently, the need for interpreting device for the deaf (TDD), you may call individuals who are deaf or hard of services exceeds the available supply of the TDD number at (202) 205–8352. hearing and individuals who are deaf- qualified interpreters. Federal

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legislation, such as the Rehabilitation Assistant Secretary proposes to establish way for States to determine if Act of 1973, as amended, and the priorities for a National Interpreter interpreters are sufficiently qualified Education for All Handicapped Education Center and a coordinated and is based on the standard specified Children Act of 1975 (Pub. L. 94–142) Regional Interpreter Education Center or in the regulations implementing titles II (now called the Individuals with Centers working with and through Local and III of the Americans with Disabilities Education Act), established Partner Networks. Disabilities Act of 1990. the legal requirements for Regional Interpreter Education Center Proposed Definitions communication and language access. means a coordinated regional center to These requirements led to an increased For the purposes of these priorities, provide quality educational demand for qualified interpreters, we use the following definitions: opportunities for interpreters at all skill outstripped the available pool, and Deaf means individuals who are deaf, levels. created a serious national shortage. The hard of hearing, late deafened, or deaf- Training and education will be used passage of the Americans with blind. The term makes no reference or interchangeably. Disabilities Act of 1990, as amended, judgment of preferred mode of Proposed Priority 1—National further increased the demand for communication or language preference. Interpreter Education Center interpreters and worsened the national Interpreter means individuals, both shortage of qualified interpreters. In hearing and deaf, who provide The purpose of this priority is to addition, many States have passed, or interpreting or transliterating, or both, support a National Interpreter Education are now proposing, licensure laws for for deaf, hard of hearing, and deaf-blind Center (National Center) to coordinate interpreters, requiring interpreters individuals using a variety of languages the activities of the Regional Interpreter working in these States to meet specific and modes of communication including, Education Centers, to ensure the qualifications, such as specific levels of but not limited to, American Sign effectiveness of the educational education or certification, or both. Language, Conceptually Accurate opportunities offered by the Regional Therefore, due to the ongoing high Signed English, other forms of signed Interpreter Education Centers, to ensure demand on limited resources, the pool English, oral communication, tactile the effectiveness of the program as a of qualified interpreters to provide communication, and cued speech. whole by evaluating and reporting services to VR consumers continues to Local Partner Network means a formal outcomes, to provide technical be insufficient. network of individuals, organizations, assistance to the field on effective Simultaneously, deaf consumers of and agencies including consumers, practices in interpreter education, and interpreting services have become more consumer organizations, community to provide educational opportunities for informed and are demanding higher resources, service providers (especially interpreter educators. In conducting its quality interpreting services that meet VR agencies), VR State coordinators for activities, the National Center must their individual needs. Consumers and the deaf, rehabilitation counselors for ensure the provision of quality consumer organizations have expressed the deaf, and other appropriate entities educational opportunities with interest in being substantively involved with whom the Regional Interpreter substantial consumer involvement in the identification, development, and Education Center will have Memoranda throughout the process and with a delivery of the educational of Understanding or other recognized specific focus on interpreting for opportunities provided through these mechanisms for the provision of consumers of VR services. proposed priorities. educational activities for interpreters. The National Center funded under In order to train qualified interpreters National Interpreter Education Center this priority must do the following: to better meet the demand from means a project supported by RSA to— (a) Identify and promote effective consumers and consumer organizations, (1) coordinate the activities of the practices in interpreter education and interpreter educators must be sufficient Regional Interpreter Education Centers; provide technical assistance to the in number and be knowledgeable of (2) ensure the effectiveness of the Regional Interpreter Education Centers current best practices. There are, educational opportunities offered by the and the field on effective practices in however, very few programs that Regional Interpreter Education Centers; interpreter education. prepare interpreter educators to teach (3) ensure the effectiveness of the (b) Provide educational opportunities the interpreting process and the skill of program as a whole by evaluating and to working interpreter educators who interpreting. Consequently, many reporting outcomes; (4) provide need to obtain, enhance, or update their educators teaching at approximately 137 technical assistance to the field on training on effective practices in interpreter training programs effective practices in interpreter interpreter education and to new throughout the country have had little education; and (5) provide educational interpreter educators. or no opportunity to study how to teach opportunities for interpreter educators. (c) Promote improved education of interpretation. One of the national Novice interpreter means an interpreters and coordinate the projects funded from 2000 to 2004 interpreter who has graduated from an interpreter education activities of the developed some course material to interpreter training program and Regional Interpreter Education Centers prepare interpreter educators, but this is demonstrates language fluency in by— not yet available. The Rehabilitation American Sign Language and in English, (1) Developing ‘‘Program Quality Services Administration (RSA) will but lacks experience working as an Indicators’’ for this program, including disseminate these materials through interpreter. the Regional Interpreter Education these projects once they become Qualified interpreter means an Centers, and measuring performance available. interpreter who is able to interpret against these indicators; To address these issues and to effectively, accurately, and impartially (2) Conducting education needs contribute toward the education and both receptively and expressively, using assessments and, based on the results, training of a sufficient number of any necessary specialized vocabulary. developing educational activities for qualified interpreters to meet the This definition, which is mentioned in delivery through the Regional communications needs of individuals the Senate Report for the Rehabilitation Interpreter Education Centers; who are deaf or hard of hearing and Act Amendments of 1998, Senate Report (3) Collecting, analyzing, and individuals who are deaf-blind, the 105–166 (Second Session 1998), is one reporting to RSA the pre- and post-

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assessment data of the educational associated with this one-day intensive may not be limited to traditional activities conducted through the review. methods. Distance technologies and Regional Interpreter Education Centers; (b) The timeliness and effectiveness delivery, use of teams of deaf and (4) Ensuring that educational with which all requirements of the hearing presenters, assignment of opportunities are available to award have been or are being met by the mentors, immersion experiences, individuals from a variety of cultural project. intensive institutes, and other and linguistic backgrounds and are (c) Evidence of the degree to which innovative practices must be used. sensitive to the needs of those the project’s activities have contributed A Regional Interpreter Education audiences; and to changed practices and improved the Center funded under this priority must (5) Ensuring that deaf consumers are quality of interpreters. do the following: involved in every aspect of the project. Proposed Priority 2—Regional (a) Develop formal relationships with (d) Develop effective products for use Interpreter Education Center or Centers Local Partner Networks as defined in by the Regional Interpreter Education this notice. The purpose of this priority is to Centers in support of their educational (b) In collaboration with the National support a coordinated Regional activities for interpreters (e.g., CDs, Center, Local Partner Networks, and Interpreter Education Center or Centers consumers, implement effective DVDs, Web-based materials, etc.). to provide quality educational (e) Promote the educational activities practices in interpreter education. opportunities for interpreters at all skill (c) In collaboration with the National of the Regional Interpreter Education levels. The educational opportunities Centers and disseminate information to Center, Local Partner Networks, and provided by a Regional Interpreter consumers, implement the ‘‘Program the field through activities such as— Education Center, through collaboration developing and maintaining a program Quality Indicators’’ for this program. with Local Partner Networks and with (d) Coordinate with existing Web site; providing materials to the substantial involvement from deaf interpreter training programs to identify RSA-sponsored National Clearinghouse consumers, must be of sufficient scope and conduct outreach activities with on Rehabilitation Training Materials; and sequence to demonstrate an recent and new graduates in order to developing and using Web-based increased skill and knowledge base of provide training, including mentoring, activities such as e-newsletters, the participants through the use of pre- to make them work-ready. interpreter forums, consumer forums, and post-assessments. The pre- and (e) In collaboration with the National events calendars, etc.; making post-assessments will measure the Center, Local Partner Networks, and presentations on results of project knowledge and skill base of the consumers, provide skill-based, context- activities at national conferences related participants, both when first entering based, and knowledge-based interpreter to interpreting and interpreter the training program and when exiting education activities of significant scope education; and making presentations on the training program, to demonstrate and sequence to interpreters in the results of project activities at consumer their enhanced knowledge and skills as identified region. Products developed conferences. interpreters as a result of the training by the National Center must be (f) Collect, evaluate, and report to opportunity. In addition, the primary incorporated into the educational RSA on qualitative and quantitative data focus of the educational opportunities activities to the greatest extent on the educational activities of the must be on interpreting for consumers appropriate. Educational opportunities Regional Interpreter Education Centers. of VR services. Consequently, this must include, but not be limited to— Data must be based on clear, measurable means educating hearing and deaf (1) Educating deaf individuals and goals that are clearly linked to results. interpreters to work with consumers practicing deaf and hearing interpreters (g) Use the data about the individual from diverse cultural and linguistic to serve as mentors and provide educational activities to demonstrate backgrounds in diverse environments mentoring to novice and working overall program effectiveness. Data must (i.e., urban, rural, low socioeconomic, interpreters who need additional be based on clear, measurable goals that territories, etc.) and within a variety of feedback and experience to become are clearly linked to results. contexts (i.e., employment, job training, qualified; (h) Coordinate all activities conducted technical, medical, etc.). (2) Addressing the various linguistic under this program, including the Further, the educational opportunities and cultural preferences within the activities of the National Center and the must encompass both skill-based and deaf, hard of hearing, and deaf-blind Regional Interpreter Education Centers, knowledge-based topics, provide for communities through strands of to ensure effective use of resources and both hearing interpreters and deaf specialized interpreter education; consistency of quality interpreter interpreters, and focus on interpreting (3) Focusing on interpreting in educational opportunities to individuals for a variety of individuals who have specialized environments such as in all geographic areas of the country. communication skills along the full rehabilitation, legal, medical, mental spectrum of language from those with Fourth and Fifth Years of Project health, or multicultural environments, limited language skills to those with working with specific populations such In deciding whether to continue this high-level, professional language skills. as deaf-blind, oral, tri-lingual, or cued project for the fourth and fifth years, the Educational opportunities must be speech users, and improving specific Secretary will consider the requirements provided for interpreters from all skill skill sets such as sign-to-voice of 34 CFR 75.253(a) for continuation levels from novice to advanced, and the interpreting, team interpreting, sight awards. skill level of the training must be clearly translation, or ethical decisionmaking The Secretary will also consider the identified. All training activities must and professionalism; following: involve cooperative efforts with (4) Developing interpretation and (a) The recommendation of a review consumers, consumer organizations, transliteration competencies for team consisting of experts selected by community resources, and service interpreters working with deaf, hard of the Secretary. The team will conduct its providers, especially VR agencies, VR hearing, and deaf-blind individuals with review in Washington, DC, during the State coordinators for the deaf, and differing modes of communication, last half of the project’s second year. A rehabilitation counselors for the deaf. including, but not limited to, the use of project must budget for the travel Delivery of educational opportunities language immersion experiences in

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American Sign Language, Conceptually award have been or are being met by the improve participation in the community Accurate Signed English, oral project. for individuals who are deaf or hard of communication, tactile communication, (c) Evidence of the degree to which hearing or deaf-blind. and cued speech; the project’s activities have contributed Intergovernmental Review (5) Using state-of-the-art technologies to changed practices and improved for training on how to deliver quality of interpreters. This program is subject to Executive interpreter services from remote (d) Evidence of the degree to which Order 12372 and the regulations in 34 locations and in handling various the project’s activities have served each CFR part 79. One of the objectives of the technologies during interpreter State within its designated geographic Executive order is to foster an assignments (e.g., microphones, region. intergovernmental partnership and a assistive listening devices, cameras, strengthened federalism. The Executive Executive Order 12866 lights, etc.); and order relies on processes developed by (6) Educating consumers on skills This notice of proposed priorities and State and local governments for related to self-advocacy and working definitions has been reviewed in coordination and review of proposed effectively with interpreters. accordance with Executive Order 12866. Federal financial assistance. (f) In collaboration with the National Under the terms of the order, we have This document provides early Center, Local Partner Networks, and assessed the potential costs and benefits notification of our specific plans and consumers, implement and deliver the of this regulatory action. actions for this program. specific educational activities identified The potential costs associated with Applicable Program Regulations: 34 in the education needs assessments. the notice of proposed priorities and CFR parts 385 and 396. (g) Provide information to the definitions are those resulting from National Center for the purpose of statutory requirements (section 302(f) of Electronic Access to This Document promoting the educational activities of the Act) and those we have determined You may view this document, as well the National Center. as necessary for administering this as all other Department of Education (h) Provide qualitative and program effectively and efficiently. documents published in the Federal quantitative data on the educational In assessing the potential costs and Register, in text or Adobe Portable activities conducted, pre- and post- benefits—both quantitative and Document Format (PDF) on the Internet assessments, portfolios produced, qualitative—of this notice of proposed at the following site: www.ed.gov/news/ participant demographics, and other priorities and definitions, we have fedregister. pertinent information to the National determined that the benefits of the To use PDF you must have Adobe Center for the purpose of evaluating proposed priorities and definitions Acrobat Reader, which is available free program effectiveness. justify the costs. at this site. If you have questions about (i) Coordinate and collaborate with Summary of Potential Costs and using PDF, call the U.S. Government the other Regional Interpreter Education Benefits Printing Office (GPO), toll free, at 1– Centers funded by RSA and funded 888–293–6498; or in the Washington, through this priority. The potential costs associated with DC, area at (202) 512–1530. these proposed priorities and Fourth and Fifth Years of Project definitions are minimal, while the Note: The official version of this document In deciding whether to continue a benefits are significant. Grantees may is the document published in the Federal Register. Free Internet access to the official project for the fourth and fifth years, the anticipate costs associated with edition of the Federal Register and the Code Secretary will consider the requirements completing the application process in of Federal Regulations is available on GPO of 34 CFR 75.253(a) for continuation terms of staff time, copying, and mailing Access at: http://www.gpoaccess.gov/nara/ awards. or delivery. The use of e-Application index.html. The Secretary will also consider the technology reduces mailing and copying (Catalog of Federal Domestic Assistance following: costs significantly. Number 84.160 Training of Interpreters for (a) The recommendation of a review The benefits of the Training of Individuals Who Are Deaf or Hard of Hearing team consisting of experts selected by Interpreters for Individuals Who Are and Individuals Who Are Deaf-Blind) the Secretary. The team will conduct its Deaf or Hard of Hearing and Individuals Program Authority: 29 U.S.C. 772(f). review in Washington, DC, during the Who Are Deaf-Blind program have been last half of the project’s second year. A well established over the years in that Dated: October 29, 2004. project must budget for the travel similar projects have been completed Troy R. Justesen, associated with this one-day intensive successfully. These proposed priorities Acting Deputy Assistant Secretary for Special review. will generate new knowledge through Education and Rehabilitative Services. (b) The timeliness and effectiveness training, technical assistance, and [FR Doc. 04–24584 Filed 11–2–04; 8:45 am] with which all requirements of the dissemination of new information to BILLING CODE 4000–01–P

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Reader Aids Federal Register Vol. 69, No. 212 Wednesday, November 3, 2004

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 29 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proposed Rules: Executive Orders: 458...... 64226 The United States Government Manual 741–6000 13067 (See Notice of Other Services November 1, 33 CFR 2004) ...... 63915 Electronic and on-line services (voice) 741–6020 117...... 63574 Administrative Orders: Proposed Rules: Privacy Act Compilation 741–6064 Notices: Ch. I ...... 63979 Public Laws Update Service (numbers, dates, etc.) 741–6043 Notice of November 1, TTY for the deaf-and-hard-of-hearing 741–6086 2004 ...... 63915 36 CFR Presidential Proposed Rules: Determinations: ELECTRONIC RESEARCH 1234...... 63980 World Wide Web No. 2005-05 of October 20, 2004 ...... 63917 37 CFR Full text of the daily Federal Register, CFR and other publications is located at: http://www.gpoaccess.gov/nara/index.html 7 CFR 2...... 63320 7...... 63320 Federal Register information and research tools, including Public 1580...... 63317 Inspection List, indexes, and links to GPO Access are located at: Proposed Rules: 39 CFR l http://www.archives.gov/federal register/ 923...... 63958 20...... 63946 E-mail 111...... 63452 10 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 40 CFR an open e-mail service that provides subscribers with a digital 431...... 63574 form of the Federal Register Table of Contents. The digital form 52 ...... 63321, 63324, 63947 of the Federal Register Table of Contents includes HTML and 11 CFR 63...... 63452 PDF links to the full text of each document. 102...... 63919 81...... 64133 180...... 63950, 63954 To join or leave, go to http://listserv.access.gpo.gov and select 106...... 63919 Online mailing list archives, FEDREGTOC-L, Join or leave the list 109...... 63919 Proposed Rules: (or change settings); then follow the instructions. 52...... 63981 13 CFR 63...... 63489 PENS (Public Law Electronic Notification Service) is an e-mail 105...... 63921 service that notifies subscribers of recently enacted laws. 44 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 14 CFR 64...... 63456 and select Join or leave the list (or change settings); then follow 39 ...... 63439, 63440, 63442, Proposed Rules: the instructions. 63443 67...... 63338 FEDREGTOC-L and PENS are mailing lists only. We cannot 97...... 63318 46 CFR respond to specific inquiries. Proposed Rules: 39 ...... 63336, 63960, 63962, Proposed Rules: Reference questions. Send questions and comments about the 531...... 63981 Federal Register system to: [email protected] 63963, 63965, 63968 71 ...... 63970, 63972, 63973, 47 CFR The Federal Register staff cannot interpret specific documents or 63974, 63975, 63976, 63978 regulations. 73...... 63458 16 CFR Proposed Rules: FEDERAL REGISTER PAGES AND DATE, NOVEMBER 603...... 63922 27...... 63459 613...... 63922 48 CFR 63317–63438...... 1 614...... 63922 63439–63916...... 2 201...... 63326 63917–64244...... 3 19 CFR 202...... 63326 10...... 63445 204...... 63327 178...... 63445 205...... 63327 208...... 63327, 62328 21 CFR 210...... 63328 212...... 63329, 62330 Proposed Rules: 219...... 63328 341...... 63482 226...... 63327 22 CFR 231...... 63331 235...... 63327 171...... 63934 252...... 63327, 62328 1804...... 63458 24 CFR 1815...... 63458 81...... 63580 1816...... 63458 Proposed Rules: 1817...... 63458 81...... 63576 1823...... 63458

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REMINDERS Test procedures and published 10-16-03 [FR The items in this list were COMMENTS DUE NEXT efficiency standards— 03-26087] editorially compiled as an aid WEEK Commercial packaged Hazardous waste program to Federal Register users. boilers; Open for authorizations: Inclusion or exclusion from comments until further Delaware; comments due by AGRICULTURE notice; published 10-21- this list has no legal DEPARTMENT 11-8-04; published 10-7- significance. 04 [FR 04-17730] 04 [FR 04-22592] Agricultural Marketing Consumer products; energy Service Water pollution; effluent conservation program: guidelines for point source RULES GOING INTO Cotton classing, testing and Energy conservation categories: standards: EFFECT NOVEMBER 3, standards and test Meat and poultry products 2004 Classification services to procedures— processing facilities; Open growers; 2004 user fees; Distribution transformers; for comments until further Open for comments until meeting; comments due notice; published 9-8-04 AGRICULTURE further notice; published by 11-9-04; published [FR 04-12017] DEPARTMENT 5-28-04 [FR 04-12138] 7-29-04 [FR 04-16573] FEDERAL Agricultural Marketing AGRICULTURE Service Residential furnaces and COMMUNICATIONS DEPARTMENT boilers; meeting; COMMISSION Mango promotion, research, Animal and Plant Health comments due by 11- Common carrier services: and information order; Inspection Service 10-04; published 7-29- published 10-4-04 Communications Assistance Plant-related quarantine; 04 [FR 04-16574] for Law Enforcement ENVIRONMENTAL domestic: Energy conservation: Act— PROTECTION AGENCY Methyl bromide; official Commercial and industrial Legal and policy Pesticides; tolerances in food, quarantine uses; equipment; energy framework; comments animal feeds, and raw comments due by 11-12- efficiency program— due by 11-8-04; agricultural commodities: 04; published 10-12-04 Commercial unitary air published 9-23-04 [FR QST 2808, bacillus pumilus [FR 04-22790] conditioners and heat 04-20705] strain; published 11-3-04 COMMERCE DEPARTMENT pumps; meeting; Satellite communications— FEDERAL Industry and Security comments due by 11- Orbital debris mitigation; COMMUNICATIONS Bureau 12-04; published 7-29- comments due by 11-8- COMMISSION Export administration 04 [FR 04-16575] 04; published 9-9-04 Television broadcasting: regulations: Distribution transformers; [FR 04-20362] test procedures; meeting; Digital television Knowledge and red flags; Digital television stations; table comments due by 11-8- conversion— definition and guidance of assignments: revisions; safe harbor; 04; published 7-29-04 [FR Transition issues; Arkansas; comments due by comments due by 11-12- 04-16576] published 10-4-04 11-8-04; published 8-25- 04; published 10-13-04 ENERGY DEPARTMENT 04 [FR 04-19465] POSTAL SERVICE [FR 04-22878] Federal Energy Regulatory Radio stations; table of International Mail Manual: COMMERCE DEPARTMENT Commission assignments: International Priority Mail National Oceanic and Electric rate and corporate Oklahoma; comments due and International Surface Atmospheric Administration regulation filings: by 11-8-04; published 9- Air Lift mailers; Fishery conservation and Virginia Electric & Power 28-04 [FR 04-21728] discontinuance of volume management: Co. et al.; Open for Various States; comments discount rates; published Northeastern United States comments until further due by 11-8-04; published 11-3-04 fisheries— notice; published 10-1-03 9-28-04 [FR 04-21726] STATE DEPARTMENT Northeast multispecies; [FR 03-24818] FEDERAL TRADE Information and records; comments due by 11- ENVIRONMENTAL COMMISSION availabiliity to public; 12-04; published 10-28- PROTECTION AGENCY Trade regulation rules: published 11-3-04 04 [FR 04-24104] Air pollutants, hazardous; Franchising and business TRANSPORTATION Marine mammals: national emission standards: opportunity ventures; DEPARTMENT Hydropower license Coke ovens; pushing, disclosure requirements Federal Aviation conditions; mandatory quenching, and battery and prohibitions; Administration fishway prescriptions; stacks; comments due by comments due by 11-12- Airworthiness directives: review procedures; 11-12-04; published 10- 04; published 9-2-04 [FR comments due by 11-8- 13-04 [FR 04-22870] 04-19969] Bombardier; published 9-29- 04; published 9-9-04 [FR 04 Air quality implementation HEALTH AND HUMAN 04-20469] plans; approval and SERVICES DEPARTMENT Procedural rules: COURT SERVICES AND promulgation; various Food and Drug Investigative and OFFENDER SUPERVISION States; air quality planning Administration enforcement procedures; AGENCY FOR THE purposes; designation of Reports and guidance civil penalty assessment DISTRICT OF COLUMBIA areas: documents; availability, etc.: procedures; published 10- Semi-annual agenda; Open for Arizona; comments due by Evaluating safety of 4-04 comments until further 11-8-04; published 10-8- antimicrobial new animal TRANSPORTATION notice; published 12-22-03 04 [FR 04-22485] drugs with regard to their DEPARTMENT [FR 03-25121] Environmental statements; microbiological effects on National Highway Traffic ENERGY DEPARTMENT availability, etc.: bacteria of human health Safety Administration Energy Efficiency and Coastal nonpoint pollution concern; Open for Organization and delegation of Renewable Energy Office control program— comments until further powers and duties: Commercial and industrial Minnesota and Texas; notice; published 10-27-03 Succession to administrator; equipment; energy efficiency Open for comments [FR 03-27113] published 11-3-04 program: until further notice; Medical devices—

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Dental noble metal alloys INTERIOR DEPARTMENT 04; published 9-9-04 [FR by 11-8-04; published 8- and base metal alloys; Federal Power Act: 04-20411] 10-04 [FR 04-18161] Class II special Hydropower licensing; Eurocopter France; Income taxes: controls; Open for conditions and comments due by 11-8- C corporations converting to comments until further prescriptions; comments 04; published 9-8-04 [FR S corporations; LIFO notice; published 8-23- due by 11-8-04; published 04-20311] recapture; comments due 04 [FR 04-19179] 9-9-04 [FR 04-20392] LET a.s.; comments due by by 11-12-04; published 8- HOMELAND SECURITY 13-04 [FR 04-18559] NATIONAL ARCHIVES AND 11-8-04; published 10-7- DEPARTMENT RECORDS ADMINISTRATION 04 [FR 04-22581] Corporate reorganizations; Coast Guard guidance on the Records management: Airworthiness standards: Anchorage regulations: Special conditions— measurement of continuity Records center facility of interest; comments due Maryland; Open for Raytheon Aircraft Co. standards; comments due by 11-8-04; published 8- comments until further Model MU-300-10 and by 11-8-04; published 9-7- 10-04 [FR 04-18271] notice; published 1-14-04 04 [FR 04-20274] 400 airplanes; [FR 04-00749] comments due by 11- Intercompany transactions; NUCLEAR REGULATORY consolidated returns; Ports and waterways safety: 12-04; published 10-13- COMMISSION 04 [FR 04-22946] comments due by 11-12- Suisun Bay, Concord, CA; 04; published 8-13-04 [FR Environmental statements; Raytheon Aircraft Co. security zones; comments availability, etc.: 04-18557] due by 11-12-04; Model MU-300 Fort Wayne State airplanes; comments Partnership liabilities; published 9-13-04 [FR 04- treatment of disregarded 20544] Developmental Center; due by 11-12-04; Open for comments until published 10-13-04 [FR entities; comments due by Vessel documentation and further notice; published 04-22947] 11-10-04; published 8-12- measurement: 04 [FR 04-18372] 5-10-04 [FR 04-10516] Class D and E airspace; Undocumented barges; Personal property PERSONNEL MANAGEMENT comments due by 11-8-04; numbering; comments due exchanges; comments OFFICE published 9-29-04 [FR 04- by 11-10-04; published 8- due by 11-12-04; 21862] 12-04 [FR 04-18471] Pay under General Schedule: published 8-13-04 [FR 04- Locality pay areas; Class E airspace; comments 18480] HOMELAND SECURITY due by 11-8-04; published DEPARTMENT adjustments; comments Real estate mortgage due by 11-8-04; published 10-8-04 [FR 04-22610] Federal Emergency investment conduits; 9-22-04 [FR 04-21302] TRANSPORTATION Management Agency comments due by 11-8- DEPARTMENT 04; published 8-10-04 [FR Disaster assistance: SMALL BUSINESS ADMINISTRATION National Highway Traffic 04-18269] Hazard mitigation planning Safety Administration Reorganization; transaction and Hazard Mitigation Disaster loan areas: Maine; Open for comments Civil monetary penalties; qualification requirements; Grant Program; comments inflation adjustment; comments due by 11-10- due by 11-12-04; until further notice; published 2-17-04 [FR 04- comments due by 11-12-04; 04; published 8-12-04 [FR published 9-13-04 [FR 04- published 9-28-04 [FR 04- 04-18476] 20609] 03374] 21735] Procedure and administration: STATE DEPARTMENT INTERIOR DEPARTMENT Motor vehicle safety Business entities Indian Affairs Bureau Nationality and passports: standards: classification; definitions No Child Left Behind Act; Passport procedures; Defect and noncompliance— clarification; cross implementation: amendments Early warning and reference; comments due No Child Left Behind Correction; comments due customer satisfaction by 11-10-04; published 8- Negotiated Rulemaking by 11-13-04; published campaign 12-04 [FR 04-18481] Committee— 10-20-04 [FR 04-23469] documentation; reporting VETERANS AFFAIRS Home-living programs and OFFICE OF UNITED STATES requirements; comments DEPARTMENT school closure and TRADE REPRESENTATIVE due by 11-12-04; Adjudication; pensions, consolidation; comments Trade Representative, Office published 9-28-04 [FR compensation, dependency, due by 11-9-04; of United States 04-21737] etc.: published 7-12-04 [FR Generalized System of Registration of importers Presumptions of service 04-15832] Preferences: and importation of motor connection for diseases vehicles not certified as associated with detention INTERIOR DEPARTMENT 2003 Annual Product conforming to Federal or prisoner of war Fish and Wildlife Service Review, 2002 Annual standards; fee scheduled; internment; comments due Country Practices Review, Endangered and threatened comments due by 11-12- by 11-8-04; published 10- and previously deferred species permit applications 04; published 9-28-04 [FR 7-04 [FR 04-22543] Recovery plans— product decisions; 04-21723] petitions disposition; Open Paiute cutthroat trout; TREASURY DEPARTMENT for comments until further LIST OF PUBLIC LAWS Open for comments notice; published 7-6-04 Fiscal Service until further notice; [FR 04-15361] Marketable book-entry published 9-10-04 [FR This is a continuing list of Treasury bills, notes, and 04-20517] TRANSPORTATION public bills from the current bonds: session of Congress which Endangered and threatened DEPARTMENT Bidder definitions; comments have become Federal laws. It species: Federal Aviation Administration due by 11-8-04; published may be used in conjunction Critical habitat 9-8-04 [FR 04-20189] with ‘‘PLUS’’ (Public Laws designations— Airworthiness directives: TREASURY DEPARTMENT Update Service) on 202–741– California tiger Boeing; comments due by 6043. This list is also salamander; comments 11-12-04; published 9-28- Internal Revenue Service available online at http:// due by 11-8-04; 04 [FR 04-21648] Excise taxes: www.archives.gov/ published 10-7-04 [FR CFM International; Duties of collector; cross- federal—register/public—laws/ 04-22540] comments due by 11-8- reference; comments due public—laws.html.

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The text of laws is not H.R. 2828/P.L. 108–361 S. 524/P.L. 108–367 the Communications Satellite published in the Federal Water Supply, Reliability, and Fort Donelson National Act of 1962. (Oct. 25, 2004; Register but may be ordered Environmental Improvement Battlefield Expansion Act of 118 Stat. 1752) in ‘‘slip law’’ (individual Act (Oct. 25, 2004; 118 Stat. 2004 (Oct. 25, 2004; 118 Stat. pamphlet) form from the 1681) 1743) Last List October 28, 2004 Superintendent of Documents, H.R. 3858/P.L. 108–362 S. 1368/P.L. 108–368 U.S. Government Printing Pancreatic Islet Cell To authorize the President to Office, Washington, DC 20402 Transplantation Act of 2004 award a gold medal on behalf (phone, 202–512–1808). The (Oct. 25, 2004; 118 Stat. of the Congress to Reverend Public Laws Electronic text will also be made 1703) Doctor Martin Luther King, Jr. available on the Internet from Notification Service H.R. 4175/P.L. 108–363 (posthumously) and his widow (PENS) GPO Access at http:// Veterans’ Compensation Cost- Coretta Scott King in www.gpoaccess.gov/plaws/ of-Living Adjustment Act of recognition of their index.html. Some laws may 2004 (Oct. 25, 2004; 118 Stat. contributions to the Nation on not yet be available. 1705) behalf of the civil rights PENS is a free electronic mail movement. (Oct. 25, 2004; H.R. 1533/P.L. 108–359 H.R. 4278/P.L. 108–364 notification service of newly Assistive Technology Act of 118 Stat. 1746) enacted public laws. To To amend the securities laws 2004 (Oct. 25, 2004; 118 Stat. S. 2864/P.L. 108–369 subscribe, go to http:// to permit church pension 1707) Family Farmer Bankruptcy listserv.gsa.gov/archives/ plans to be invested in H.R. 4555/P.L. 108–365 Relief Act of 2004 (Oct. 25, publaws-l.html collective trusts. (Oct. 25, Mammography Quality 2004; 118 Stat. 1749) 2004; 118 Stat. 1666) Standards Reauthorization Act S. 2883/P.L. 108–370 Note: This service is strictly H.R. 2608/P.L. 108–360 of 2004 (Oct. 25, 2004; 118 Prevention of Child Abduction for E-mail notification of new To reauthorize the National Stat. 1738) Partnership Act (Oct. 25, laws. The text of laws is not Earthquake Hazards Reduction H.R. 5185/P.L. 108–366 2004; 118 Stat. 1750) available through this service. Program, and for other Higher Education Extension S. 2896/P.L. 108–371 PENS cannot respond to purposes. (Oct. 25, 2004; 118 Act of 2004 (Oct. 25, 2004; To modify and extend certain specific inquiries sent to this Stat. 1668) 118 Stat. 1741) privatization requirements of address.

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