3–30–04 Tuesday Vol. 69 No. 61 Mar. 30, 2004

Pages 16455–16768

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1 II Federal Register / Vol. 69, No. 61 / Tuesday, March 30, 2004

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2 III

Contents Federal Register Vol. 69, No. 61

Tuesday, March 30, 2004

Agricultural Marketing Service Citizenship and Immigration Services Bureau PROPOSED RULES NOTICES Fluid milk promotion order; regulatory review, 16508– Agency information collection activities; proposals, 16509 submissions, and approvals, 16594 Pears (winter) grown in— Oregon and Washington; hearing, 16501–16508 Commerce Department NOTICES See Foreign-Trade Zones Board Agency information collection activities; proposals, See Industry and Security Bureau submissions, and approvals, 16514–16515 See International Trade Administration See National Oceanic and Atmospheric Administration Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service Consumer Product Safety Commission See Forest Service NOTICES See Rural Business-Cooperative Service Agency information collection activities; proposals, NOTICES submissions, and approvals, 16526–16527 Privacy Act: Systems of records, 16513–16514 Corporation for National and Community Service NOTICES Alcohol, Tobacco, Firearms, and Explosives Bureau National Senior Service Corps; income eligibility levels, NOTICES 16527–16529 Agency information collection activities; proposals, submissions, and approvals, 16609–16610 Defense Department See Navy Department Animal and Plant Health Inspection Service RULES NOTICES Prototype projects; transactions other than contracts, grants, Agency information collection activities; proposals, or cooperative agreements, 16481–16483 submissions, and approvals, 16515–16517 NOTICES Agency information collection activities; proposals, Centers for Disease Control and Prevention submissions, and approvals, 16529–16531 NOTICES Civilian health and medical program of uniformed services Grants and cooperative agreements; availability, etc.: (CHAMPUS): American Indian/Alaska native women; cancer TRICARE program— prevention and control programs; enhancement, Home Health Agency Prospective Payment System, 16542–16545 16531 Delivery of Adolescent Immunization Services, 16545– 16549 Education Department Environmental health services; delivering, 16549–16553 NOTICES Human immunodeficiency virus (HIV)— Grants and cooperative agreements; availability, etc.: Reproductive health and community settings; HIV and National Institute on Disability and Rehabilitation other prevention services; integration, 16553– Research— 16560 Small Business Innovative Research Program, 16531– Immunization Clinical Standards Program, 16560–16564 16535 Long Term Care Facility Staff Influenza Vaccination Special education and rehabilitative services: Program, 16564–16568 Individuals with Disabilities Education Act (IDEA)— School Entry Immunization Requirements; evaluation of Correspondence; quarterly list, 16535–16537 parents claiming exemptions, 16568–16572 Vaccines and immunization policies, programs, and practices; economic studies, 16572–16576 Energy Department War-related injuries and mine action; public health See Federal Energy Regulatory Commission capacity development for international organizations, NOTICES 16577–16579 Electricity export and import authorizations, permits, etc.: Meetings: Coral Power, L.L.C., 16537 Public Health Service Activities and Research at DOE TransCanada Power Marketing Ltd., 16537–16538 Sites Citizens Advisory Committee, 16579 Environmental Protection Agency Children and Families Administration RULES RULES Air quality implementation plans; approval and Child support enforcement program: promulgation; various States; air quality planning Indian Tribes and Tribal organization funding, 16637– purposes; designation of areas: 16682 Texas, 16483–16494

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Farm Credit Administration Banks and bank holding companies: RULES Formations, acquisitions, and mergers, 16540 Farm credit system: Federal Open Market Committee: Borrower rights— Domestic policy directives, 16541 Effective interest rates and related loan information; Meetings; Sunshine Act, 16541 disclosure, 16455–16460 Funding and fiscal affairs, loan policies and operations, Financial Management Service and funding operations See Fiscal Service Systemwide and consolidated bank debt obligations; investors and shareholders disclosure, 16460– Fiscal Service 16471 NOTICES Surety companies acceptable on Federal bonds: Federal Aviation Administration Arch Insurance Co., 16631–16632 RULES Guarantee Co. of North America USA, 16632 Air traffic operating and flight rules, etc.: Madison Insurance Co., 16632–16633 Air traffic security control, 16753–16756 United States Fire Insurance Company, 16633 Airworthiness directives: Airbus, 16475–16478 Fish and Wildlife Service BAE Systems (Operations) Ltd., 16473–16474 Dassault, 16474–16475 NOTICES Dornier, 16471–16473 Natural resource damage assessment plans; availability, etc.: Federal Communications Commission Hudson River, NY, 16597 RULES Common carrier services: Food and Drug Administration Wireless telecommunications services— RULES Bell Operating Companies; elimination of operating, Food for human consumption: installation, and maintenance sharing prohibition, Food additives and labeling— 16494–16496 Technical amendments, 16481 Digital television stations; table of assignments: NOTICES Idaho, 16496 Harmonisation International Conference; guidelines Radio services, special: availability: Private land mobile services— E2E pharmacovigilance planning, 16579–16580 150-170 and 421-512 MHz frequencies; transition to Q5E comparability of biotechnological products subject to narrowband technology, 16498–16499 changes in their manufacturing process, 16580–16581 Radio stations; table of assignments: Meetings: Arizona, 16496–16497 Nonprescription Drugs Advisory Committee et al., 16582 Indiana, 16497 Oncological Drugs Advisory Committee, 16582–16583 Michigan, 16498 Solutions to Regulatory Challenges; educational South Carolina and Georgia, 16497–16498 conference, 16583 PROPOSED RULES Radio stations; table of assignments: Foreign-Trade Zones Board Georgia, 16512 NOTICES Texas, 16512 Applications, hearings, determinations, etc.: NOTICES Tennessee Meetings: Pencil Manufacturing and Writing and Art Products Technological Advisory Council, 16539 Dist., 16520–16521

Federal Emergency Management Agency Forest Service NOTICES NOTICES Agency information collection activities; proposals, Meetings: submissions, and approvals, 16594–16596 Resource Advisory Committees— Federal Energy Regulatory Commission Madera County, 16517–16518 NOTICES Mendocino County, 16518 Electric rate and corporate regulation filings, 16538–16539 Health and Human Services Department Federal Motor Carrier Safety Administration See Centers for Disease Control and Prevention RULES See Children and Families Administration Motor carrier safety standards: See Food and Drug Administration Longer combination vehicle operators; minimum training See Health Resources and Services Administration requirements and driver-instructor requirements, See National Institutes of Health 16721–16738 See Substance Abuse and Mental Health Services New drivers; safety performance history, 16683–16722 Administration NOTICES Federal Reserve System Meetings: NOTICES Vital and Health Statistics National Committee, 16541 Agency information collection activities; proposals, Scientific misconduct findings; administrative actions: submissions, and approvals, 16539–16540 Hanneken, Vickie L., R.N., 16541–16542

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Health Resources and Services Administration Labor Statistics Bureau NOTICES NOTICES Meetings: Meetings: Nurse Education and Practice National Advisory Council, Business Research Advisory Council, 16610 16583 Land Management Bureau Homeland Security Department NOTICES See Citizenship and Immigration Services Bureau Closure of public lands: See Federal Emergency Management Agency California, 16597–16599 NOTICES Committees; establishment, renewal, termination, etc.: Meetings: Wild Horse and Burro Advisory Board, 16599 National Infrastructure Advisory Council, 16593–16594 Environmental statements; notice of intent: San Luis Valley Public Land Center, CO, 16599–16600 Housing and Urban Development Department Public land orders: RULES Arizona, 16600–16601 HOME Investment Partnerships Program: Realty actions; sales, leases, etc.: American Dream Downpayment Initiative, 16757–16768 California, 16601 Recreation management restrictions, etc.: Industry and Security Bureau Deschutes Wild and Scenic River, OR; special rules, RULES 16601–16606 Export administration regulations: Resource management plans, etc.: Commerce Control List— Alameda County, et al., CA, 16606–16607 National security controls removal and regional Carson City Field Office and Naval Air Station Fallon, stability controls imposition, 16478–16481 NV, 16607–16608 Yuma, AZ, 16608–16609 Interior Department See Fish and Wildlife Service Legal Services Corporation See Land Management Bureau NOTICES See Surface Mining Reclamation and Enforcement Office NOTICES Grants and cooperative agreements; availability, etc.: Environmental statements; availability, etc.: Disaster relief emergency grant instructions, 16610–16611 Central Utah Project— Utah Lake Drainage Basin Water Delivery System, UT, Mississippi River Commission 16596–16597 NOTICES Meetings; Sunshine Act, 16611–16612 Internal Revenue Service PROPOSED RULES National Aeronautics and Space Administration Income taxes: NOTICES Computing depreciation changes; hearing cancellation, Patent licenses; non-exclusive, exclusive, or partially 16510 exclusive: Modified accelerated cost recovery system property; Mission Technologies, Inc., 16612 changes in use; depreciation; correction, 16509– 16510 NOTICES National Capital Planning Commission Meetings: NOTICES Taxpayer Advocacy Panels, 16633 Reports and guidance documents; availability, etc.: National Capital: Federal Elements and Authorization; International Trade Administration draft comprehensive plan, 16612 NOTICES Antidumping: National Institutes of Health Corrosion-resistant carbon steel flat products from— NOTICES Canada, 16521 Agency information collection activities; proposals, Welded carbon quality line pipe from— submissions, and approvals; correction, 16635 Mexico, 16521–16525 Meetings: Applications, hearings, determinations, etc.: National Center for Research Resources, 16583–16584 New York Structural Biology Center, Inc., et al., 16525– National Institute of Allergy and Infectious Diseases, 16526 16589 National Institute of Arthritis and Musculoskeletal and Justice Department Skin Diseases, 16584–16585 See Alcohol, Tobacco, Firearms, and Explosives Bureau National Institute of Child Health and Human Development, 16585–16586, 16588 Labor Department National Institute of Dental and Craniofacial Research, See Labor Statistics Bureau 16588 See Occupational Safety and Health Administration National Institute on Alcohol Abuse and Alcoholism, PROPOSED RULES 16588 Electronic Freedom of Information Act; implementation, National Institute on Drug Abuse, 16584–16587 16739–16752 Scientific Review Center, 16589–16590

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National Oceanic and Atmospheric Administration Substance Abuse and Mental Health Services RULES Administration Fishery conservation and management: NOTICES Caribbean, Gulf, and South Atlantic fisheries— Agency information collection activities; proposals, Gulf of Mexico coastal migratory pelagic resources; submissions, and approvals, 16590–16592 stock status determination criteria, 16499–16500 Grant and cooperative agreement awards: NOTICES Iowa Department of Public Health, 16592–16593 Meetings: Marine Fisheries Advisory Committee, 16526 Surface Mining Reclamation and Enforcement Office National Science Foundation PROPOSED RULES NOTICES Permanent program and abandoned mine land reclamation Meetings: plan submissions: Equal Opportunity in Science and Engineering Advisory Kentucky, 16511–16512 Committee, 16612–16613 Transportation Department National Transportation Safety Board See Federal Aviation Administration NOTICES See Federal Motor Carrier Safety Administration Meetings; Sunshine Act, 16613 Treasury Department Navy Department See Fiscal Service NOTICES See Internal Revenue Service Inventions, Government-owned; availability for licensing, 16531 Veterans Affairs Department Nuclear Regulatory Commission NOTICES NOTICES Agency information collection activities; proposals, Environmental statements; availability, etc.: submissions, and approvals, 16633–16634 E.R. Squibb & Sons, Inc., 16614–16615 Inventions, Government-owned; availability for licensing, Meetings; Sunshine Act, 16615 16634 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 16615–16627 Regulatory guides; issuance, availability, and withdrawal, Separate Parts In This Issue 16627–16628 Applications, hearings, determinations, etc.: Part II Eastern Technologies, Inc., 16613–16614 Health and Human Services Department, Children and Occupational Safety and Health Administration Families Administration, 16637–16682 PROPOSED RULES Safety and health standards: Part III Assigned protection factors, 16510–16511 Transportation Department, Federal Motor Carrier Safety Administration, 16683–16738 Public Debt Bureau See Fiscal Service Part IV Rural Business-Cooperative Service Labor Department, 16739–16752 NOTICES Agency information collection activities; proposals, Part V submissions, and approvals, 16518 Transportation Department, Federal Aviation Grants and cooperative agreements; availability, etc.: Administration, 16753–16756 Rural Economic Development Loan and Grant Program; maximum dollar amount on awards (FY 2004), Part VI 16518–16520 Housing and Urban Development Department, 16757–16768 Securities and Exchange Commission NOTICES Reader Aids Self-regulatory organizations; proposed rule changes: New York Stock Exchange, Inc., et al., 16628–16629 Consult the Reader Aids section at the end of this issue for Philadelphia Stock Exchange, Inc., 16629–16631 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. State Department To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Meetings: listserv.access.gpo.gov and select Online mailing list International Telecommunication Advisory Committee, archives, FEDREGTOC-L, Join or leave the list (or change 16631 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR Proposed Rules: 927...... 16501 1160...... 16508 12 CFR 614 (2 documents) ...... 16455, 16460 617...... 16455 620...... 16460 630...... 16460 14 CFR 39 (4 documents) ...... 16471, 16473, 16474, 16475 99...... 16754 15 CFR 742...... 16478 774...... 16478 21 CFR 101...... 16481 177...... 16481 24 CFR 91...... 16758 92...... 16758 26 CFR Proposed Rules: 1 (2 documents) ...... 16509, 16510 29 CFR Proposed Rules: 70...... 16740 1910...... 16510 1915...... 16510 1926...... 16510 30 CFR Proposed Rules: 917...... 16511 32 CFR 3...... 16481 40 CFR 52...... 16483 81...... 16483 45 CFR 286...... 16638 302...... 16638 309...... 16638 310...... 16638 47 CFR 53...... 16494 73 (5 documents) ...... 16496, 16497, 16498 90...... 16498 Proposed Rules: 73 (2 documents) ...... 16512 49 CFR 380...... 16722 390...... 16684 391 (2 documents) ...... 16684, 16722 50 CFR 622...... 16499

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Rules and Regulations Federal Register Vol. 69, No. 61

Tuesday, March 30, 2004

This section of the FEDERAL REGISTER McLean, VA 22102–5090, (703) 883– applicable to a borrower’s loan within a contains regulatory documents having general 4498; TTY (703) 883–4434; ‘‘reasonable time’’ after the change. In applicability and legal effect, most of which or addition, section 4.13(b) of the Act are keyed to and codified in the Code of Howard Rubin, Senior Attorney, Office requires qualified lenders that offer Federal Regulations, which is published under more than one rate of interest to 50 titles pursuant to 44 U.S.C. 1510. of General Counsel, Farm Credit Administration, McLean, VA 22102– borrowers, at the request of a borrower, The Code of Federal Regulations is sold by 5090, (703) 883–4020, TTY (703) 883– to: (1) Provide a review of the loan to the Superintendent of Documents. Prices of 2020. determine if the proper rate has been new books are listed in the first FEDERAL SUPPLEMENTARY INFORMATION: established; (2) explain to the borrower, REGISTER issue of each week. in writing, the basis for the interest rate I. Objectives charged; and (3) explain to the Our objectives for this rule are to: borrower, in writing, how the credit FARM CREDIT ADMINISTRATION • Ensure that borrowers receive status of the borrower may be improved meaningful and timely disclosure of the to receive a lower interest rate on the 12 CFR Parts 614 and 617 EIR and related information on loans; loan. • Promote consistency in the method Current FCA regulations (initially RIN 3052–AC04 used to determine the EIR; and adopted in 1988) implement the • Make the regulations easy to disclosure requirements of the Act, but Loan Policies and Operations; understand and use by borrowers, contain limited guidance on several key Borrower Rights; Effective Interest lenders, and other users. issues. In recent years, new stock Rate Disclosure purchase requirements, new loan II. Background programs, and varied methodologies for AGENCY: Farm Credit Administration. As discussed in the preamble to the calculation of effective interest rates has ACTION: Final rule. proposed rule (See 68 FR 5587, meant that compliance with current EIR February 4, 2003), section 4.13(a) of the disclosure regulations has become more SUMMARY: The Farm Credit Farm Credit Act of 1971, as amended challenging and led to inconsistent Administration (FCA, agency, we, or (Act),1 requires the FCA to enact disclosure among qualified lenders. our) issues this final rule amending its regulations requiring ‘‘qualified This final rule rewrites our existing regulations governing disclosure of lenders’’ 2 to provide borrowers, not regulations to provide more guidance in effective interest rates (EIR) and related later than the time of loan closing, with a user-friendly format. information on loans. This final rule meaningful and timely disclosure of: The final rule is the second clarifies when and how qualified • The current rate of interest on the component of our current rulemaking lenders must disclose the EIR and other loan; on borrower rights. This final rule loan information to borrowers; when • The amount and frequency of amends part 617, Borrower Rights, and how the cost of Farm Credit System interest rate adjustments and the factors which was rearranged by the Distressed (FCS or System) borrower stock must be that the lender may take into account in Loan Restructuring rule adopted by the disclosed to borrowers; and how loan adjusting rates for adjustable or variable FCA Board on February 10, 2004, and origination charges and other loan rate loans; published in the Federal Register on information must be disclosed to • The effect of any loan origination March 9, 2004 (See 69 FR 10901). borrowers. The final rule requires charges or purchases of stock or Consequently, part 617 will contain all lenders to use a discounted cash flow participation certificates on the rate of regulations on borrower rights after both method in determining the EIR to interest on the loan; rules become effective. provide meaningful disclosures to • A statement indicating that stock III. Comments borrowers but does not prescribe purchased is at risk; and detailed calculation procedures. To • A statement indicating the various We received comments on the make the regulations easy to understand types of loan options available to proposed rule from the Farm Credit and use by borrowers, lenders, and borrowers. Council (Council), two Farm Credit other users, we have rewritten the The requirements of section 4.13 of banks, and 10 Farm Credit System existing regulations in part 614, subpart the Act are applicable to all loans made associations. In general, commenters K, Disclosure of Loan Information, in a by ‘‘qualified lenders’’ not subject to the expressed support for FCA’s efforts to question-and-answer format and moved Truth in Lending Act (TILA).3 Under clarify its EIR rules. However, a number them to part 617, Borrower Rights. section 4.13(a) of the Act, qualified of the comments raised general and EFFECTIVE DATE: This regulation will be lenders must give borrowers notice of specific objections to various parts of effective 30 days after publication in the any change in the interest rate the proposed rule. FCA’s responses to Federal Register during which either or these comments are discussed in our both Houses of Congress are in session. 1 12 U.S.C. 2199(a). section-by-section analysis below. 2 In addition to comments on specific We will publish a notice of the effective ‘‘Qualified lenders’’ include System lenders (except for a bank for cooperatives), and non- proposals, the Council urged FCA, in date in the Federal Register. System lenders (other financing institutions (OFIs)) light of the dramatic change in the FOR FURTHER INFORMATION CONTACT: for loans that OFIs make with funding from a Farm nature and extent of System stock Credit bank. See 12 U.S.C. 2202a(a)(6). Tong-Ching Chang, Senior Policy 3 15 U.S.C. 1601, et seq. TILA applies to purchase requirements since the 1980s, Analyst, Office of Policy and consumer loans and specifically exempts to ‘‘evaluate the benefit (if any) Analysis, Farm Credit Administration, agricultural loans. members receive from these disclosures

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in the context of the costs incurred by Current § 614.4367(d) allows the Section 617.7105—When Must a the associations in making the lender to satisfy the disclosure Qualified Lender Disclose the Effective disclosures and their value to the requirements by providing the Interest Rate to a Borrower? customers (given the minimal purchase disclosure to any one of the primary Section 617.7105 revises the criteria requirements).’’ Regardless of FCA’s obligors on the loan. The final rule will that establish the circumstances in view of the benefit of EIR disclosures, give borrowers the opportunity to which EIR disclosure is necessary. Congress mandated (in section 4.13 of designate, in writing, the person they Paragraph (b) of this section provides the Act) that qualified lenders make wish to receive the disclosures. If the that a qualified lender must provide a these disclosures. Therefore, FCA has borrowers do not designate a particular new EIR disclosure to existing sought, in this rule, to make the recipient, the lender must provide the borrowers on or before the date the required statutory disclosures as disclosures to at least one borrower borrower: meaningful as possible to borrowers primarily liable for repayment of the (1) Executes a new promissory note or without adding unnecessary regulatory loan. The objecting commenters other comparable evidence of burden to qualified lenders. asserted: indebtedness; After carefully considering the (2) Purchases additional stock or (1) There is no basis in the Act comments, we are adopting the final participation certificates as a condition rule as proposed with only one authorizing this designation; of obtaining new funds from the substantive and several technical (2) The regulation would create an qualified lender; or changes. Specifically, we are deleting unnecessary burden on System lenders, (3) Pays an additional loan origination proposed § 617.7115(b) and including requiring lenders to prepare charge to the qualified lender as a § 617.7130(a)(5), which would have and maintain documentation of the condition of obtaining new funds. The Council commended this required qualified lenders to separately borrowers’ designation choice; and clarification and stated that the new rule disclose to borrowers all fees not (3) In a default situation, a lender may will benefit System institutions. One included in ‘‘loan origination charges’’ be unable to locate or contact the association requested that FCA state in that borrowers are required to pay to designee and, therefore, the regulation the rule or preamble that no new EIR obtain a loan. Also, we are eliminating could be raised as a legal impediment to disclosure is required for a ‘‘loan the proposed definitions of ‘‘loan’’ and a System lender’s collection or servicing action.’’ However, ‘‘loan ‘‘qualified lender’’ and other changes to servicing action’’ is not defined in the the existing parts 611, 612, 614, and 617 foreclosure actions. First, while a strict reading of the Act Act or our regulations, and required from this rule because they have been disclosure is not based on whether an would require that each borrower implemented by the Distressed Loan action is described as a ‘‘loan servicing receive disclosure, we believe that Restructuring rule. action.’’ Instead, § 617.7105 requires where there is one loan, allowing IV. FCA’s Section-by-Section Response that if any loan action does not result in disclosure to one borrower complies to Comments a new note, purchase of new stock, or with the Act and is less burdensome to new loan origination charges as a Subpart A—General lenders. We also believe that the condition of obtaining new funds, no Section 617.7000—Definitions proposed rule—giving borrowers an new disclosure is required. If it does, opportunity to designate an EIR new disclosure is required. We believe One association suggested FCA add a disclosure recipient—is consistent with that proposed § 617.7105 provides definition for ‘‘covered loan,’’ which Congress’s intent in creating ‘‘borrower clarity to qualified lenders and adopt it would establish a maximum dollar rights’’ in the Act. Second, we do not as final. amount for loans subject to EIR believe that the new regulation will be disclosure regulations. However, section Section 617.7110—How Should a unduly burdensome because all it Qualified Lender Disclose the Cost of 4.13 of the Act requires lenders to make requires is that qualified lenders honor disclosures to borrowers for ‘‘all loans’’ Borrower Stock or Participation the borrowers’ written designation Certificates? not subject to TILA. We received no request, if one is made. Many System Section 617.7110 provides that the other comments on the definitions. As associations already allow borrowers to a result, we eliminate the proposed cost of borrower stock or participation designate an EIR disclosure recipient definitions of ‘‘loan’’ and ‘‘qualified certificates must be included in the EIR without reported incident or undue lender’’ from this rule because they have calculation only at the time the stock or burden. Third, § 617.7100 applies only been implemented by the Distressed participation certificates is purchased in Loan Restructuring rule and adopt other to EIR disclosures that are primarily connection with a loan transaction, definitions as proposed. made at or before loan closing. whether purchased with cash, included This rule would not apply to any in a promissory note, or otherwise paid. Subpart B—Disclosure of Effective other notices required by the Act or For subsequent loans to existing Interest Rates otherwise and therefore has no plausible borrowers, only the cost of new stock or Section 617.7100—Who Must Make and relationship to a loan default situation. participation certificates, if any, Who Is Entitled To Receive an Effective When a qualified lender determines that purchased in connection with the Interest Rate Disclosure? a loan is, or has become, distressed, transaction must be included in the EIR provisions in subpart E of part 617 calculation. We received no comments One Farm Credit bank and six of its regarding distressed loan restructuring on this proposed provision and adopt it affiliated associations objected to apply. Under § 617.7410(d), the lender as final. proposed § 617.7100(b), which provides what a lender must do when there is must notify all primary obligors. If the Section 617.7115—How Should a more than one borrower obligated on a obligors identify one party to receive Qualified Lender Disclose Loan loan. As explained below, we adopt notices, the qualified lender should Origination and Other Charges? proposed § 617.7100 as final without send the original notice to that person Many commenters commended FCA change. and send copies to the other obligors. for clarifying in proposed § 617.7115(a)

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exactly what ‘‘loan origination charges’’ Section 617.7120—How Should a FCA believes that the complexity of must be included in the EIR calculation, Qualified Lender Present the Disclosures agricultural lending requires a more indicating that the new rule should to a Borrower? flexible disclosure approach than reduce regulatory burden and result in Proposed § 617.7120 was intended to provided for under Regulation Z. greater accuracy in reflecting the true provide reasonable assurance that Therefore, instead of a fixed formula cost of credit to the borrower. qualified lenders provide user-friendly, mandated by FCA, we provide in We received negative comments from meaningful disclosures to borrowers. § 617.7125(c) that lenders must establish policies and procedures for disclosing a Farm Credit bank and a number of We received no comments on proposed the effect of the cost of borrower stock associations on proposed § 617.7115(b), § 617.7120 and adopt it as final. which provides that all other payments (or participation certificates) and loan that a borrower is required to make to Section 617.7125—How Should a origination charges on the interest rate obtain a loan, but not included as a loan Qualified Lender Determine the of a loan. Qualified lenders will also be origination charge in the EIR Effective Interest Rate? required to establish policies and calculation, must be disclosed One association objected to the procedures for determining the major separately at the time of loan closing. requirement of § 617.7125(a) that the assumptions used in calculating the EIR, Objections to the proposal included: EIR be calculated using a discounted such as for calculating the EIR for (1) Requiring a separate list of all fees cash flow methodology. That adjustable rate loans, revolving or open- not included as loan origination charges association asserted: end lines of credit, or other loans where in the EIR calculation goes far beyond (1) This is an inappropriate TILA- key terms may vary or may not be fixed. FCA’s authority; style requirement; The rule places responsibility on a (2) The new rule would mirror TILA qualified lender to use due diligence in 4 (2) This will impose an increased and Regulation Z requirements, which burden since there are a variety of calculating the EIR. Redisclosure would are not applicable to agricultural loans; payment schedules employed to only be necessary if a lender made a (3) Developing a new automated form material error in the original accommodate borrowers’ agricultural to include these items would be costly calculation. needs and non-FCS lenders do not have to implement; A third association opposed the (4) A lender may have no knowledge such a requirement. requirement that the cost of the required of certain amounts a borrower pays As we discussed in the preamble to stock purchase be included as a directly to third parties for items such the proposed rule, while the proposal is ‘‘borrowing expense’’ with no as taxes or insurance. conceptually similar to the formula assumption of retirement at loan payoff Upon consideration of the comments, prescribed in Regulation Z for allowed in the calculation of the EIR, we are deleting the proposed determination of the annual percentage stating that the risk of loss of stock is requirements of §§ 617.7115(b) and rate (APR) on loans subject to TILA, a extremely minimal and to ‘‘make the 617.7130(a)(5). discounted cash flow is also the assumption that stock will not be Section 4.13(a)(3) of the Act requires standard accepted methodology used in recovered is to raise unfounded concern qualified lenders to disclose the effect of the financial services industry as the on the part of the borrower that such ‘‘loan origination charges’’ on the best measurement of the cost of credit loss is anticipated.’’ While the effective rate of interest. Proposed over time and to develop loan commenter may be factually correct in § 617.7115(a) identified what ‘‘loan amortization schedules. As we also asserting that the borrower’s risk of loss origination charges’’ must be disclosed noted in the proposed rule preamble, of stock is minimal, we believe the Act for purposes of implementing section although the discounted cash flow requires this result. 4.13(a)(3). The Act does not specifically method involves somewhat complex Congress provided in section require disclosure of any other fees or mathematical computations, the FCA 4.13(a)(3) of the Act that the purchase of costs not constituting ‘‘loan origination does not believe a requirement to use borrower stock must be disclosed as a charges.’’ Additionally, as we discussed this method would cause undue burden cost of the credit in determining the in the preamble to the proposed rule, to lenders. A survey of System lender effective rate of interest on a loan. In Congress specifically exempted disclosures we conducted in the spring other parts of the Act, Congress further agricultural loans from TILA coverage of 2002 indicated that a substantial provided that borrower stock is an ‘‘at- and its more extensive disclosure majority (more than 80 percent) of FCS risk’’ equity investment. Assumption of requirements. For these reasons, we are lenders have already incorporated stock retirement in the EIR calculation eliminating proposed paragraph (b) of discounted cash flows in their EIR is contrary to the at-risk feature of this section in order to avoid adding calculations. In addition, a variety of borrower stock. While purchase of stock unnecessary regulatory burden to computer-based tools for calculating is a prerequisite for obtaining a loan, qualified lenders. effective interest rates are readily section 4.3A of the Act 5 precludes However, while we are not imposing available in the market place at a automatic retirement of borrower stock this additional disclosure as a reasonable cost. upon loan payoff. Therefore, a qualified requirement, we continue to believe, as Additionally, another association lender cannot explicitly or implicitly one association commenter stated, requested that we add a provision guarantee or assume stock retirement. ‘‘disclosure of such fees at or prior to establishing a tolerance level—similar to One association also objected to the loan closing is sound lending practice.’’ the Regulation Z provision—for the requirement of proposed § 617.7125(c) This is particularly true for accuracy of the EIR disclosure. that qualified lenders must develop inexperienced borrowers, such as Regulation Z provides that an annual policies and procedures establishing beginning farmers. Therefore, we percentage rate is considered accurate criteria on how the cost of borrower encourage additional voluntary (and the lender is not in violation of stock and loan origination charges are disclosure by qualified lenders in loan Regulation Z) if the rate disclosed is assigned among multiple loans obtained transactions. within a tolerance level. We considered, simultaneously. The association asserts but rejected, that approach because, that the requirement will be 4 Federal Reserve Board regulation that unlike Regulation Z, our rules provide implements TILA. for flexibility in calculating the EIR. 5 12 U.S.C. 2154a.

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burdensome and limits the association’s Section 617.7135—What Subsequent Subpart C—Disclosure of Differential flexibility. However, we believe that Disclosures Must a Qualified Lender Interest Rates policies and procedures establishing Make to a Borrower? Section 617.7200—What Disclosures criteria are necessary to ensure fairness Must a Qualified Lender Make to a and consistency in disclosure to As discussed in the proposed rule preamble, the Council recommended Borrower on Loans Offered With More borrowers and to prevent misleading Than One Rate of Interest? information. We continue to believe that that where an interest rate is based on the proposed rule will allow an a widely publicized external index plus We did not receive any comments on association to adopt policies and a spread, disclosure of a change of this section and adopt it as final. procedures broad enough to allow some interest rate should not be required V. Regulatory Flexibility Act discretion and flexibility on a case-by- when the index changes but should be required only when the change in rate case basis. For all the reasons discussed Pursuant to section 605(b) of the above, we adopt proposed § 617.7125 as is caused by a change in the spread. The Regulatory Flexibility Act (5 U.S.C. 601 final with one conforming change to Council, a Farm Credit bank, and five et seq.), the FCA hereby certifies that the reference § 617.7115 in paragraph (b)(3) associations also reiterated this position rule will not have a significant of this section. in their comments on proposed rule economic impact on a substantial § 617.7135. However, as we discussed in number of small entities. Each of the Section 617.7130—What Initial the earlier preamble, we believe banks in the System, considered Disclosures Must a Qualified Lender eliminating the notice of interest rate together with their affiliated Make to a Borrower? changes for index rate loans is not associations and service corporations, appropriate. The Act requires notice of As discussed in the preamble to the has assets and annual income in excess ‘‘any change in the interest rate of the amounts that would qualify them proposed rule, the Council previously applicable to the borrower’s loan.’’6 as small entities. Therefore, System stated that existing § 614.4367(a)(3), While the contract rate (index plus institutions are not ‘‘small entities’’ as which requires the computation of EIR spread) may not have changed, it is defined in the Regulatory Flexibility to be made on a transaction-specific clear that when the index changes, the Act. basis, goes beyond the requirement of rate of interest the borrower pays on the § 4.13(a)(3) of the Act. The Council List of Subjects loan has changed. There is nothing in made the same comment about the legislative history of the Act to 12 CFR Part 614 proposed § 617.7130 (which keeps the suggest that Congress intended to existing requirement), stating that the Agriculture, Banks, banking, Flood exempt index rate loans from the statutory requirement could be satisfied insurance, Foreign trade, Reporting and disclosure requirement. Furthermore, by using a representative example based recordkeeping requirements, Rural we believe it is important to remind on a generic transaction and areas. borrowers that interest rate changes will recommended that FCA allow affect their payment amounts. 12 CFR Part 617 disclosure through the use of a standard example. In the preamble to the proposed rule, Banks, banking, Criminal referrals, we indicated that any form of As we stated in the proposed rule Criminal transactions, Embezzlement, correspondence to borrowers could preamble (and in all prior rulemakings Insider abuse, Investigations, Money satisfy the required written notice, in this area), we disagree with this laundering, Theft. including a newsletter. The Council approach and believe that in order for I urged FCA to specifically authorize that For the reasons stated in the preamble, borrower disclosure to be ‘‘meaningful,’’ any required disclosure may be made on parts 614 and 617 of chapter VI, title 12 as is required by statute, the disclosure of the Code of Federal Regulations, are a System institution’s Web site or by should take into account the specific amended as follows: calling a telephone information line. loan for which the disclosure is being While sending an e-mail to an provided. The EIR disclosed should be PART 614—LOAN POLICIES AND individual borrower (in compliance derived from the interest rate and OPERATIONS with any applicable e-commerce related charges applicable to the loan requirement, including the parties’ I 1. The authority citation for part 614 being made to the borrower. However, agreement) would satisfy the notice continues to read as follows: for adjustable or revolving loans where requirement of this section, we do not the terms and conditions are not fixed Authority: 42 U.S.C. 4012a, 4104a, 4104b, believe posting information on a Web 4106, and 4128; secs. 1.3, 1.5, 1.6, 1.7, 1.9, or are subject to change, a disclosure of site or telephone information line would the EIR based on the terms and 1.10, 1.11, 2.0, 2.2, 2.3, 2.4, 2.10, 2.12, 2.13, satisfy statutory requirements. The Act 2.15, 3.0, 3.1, 3.3, 3.7, 3.8, 3.10, 3.20, 3.28, conditions known at the inception of requires that qualified lenders provide 4.12, 4.12A, 4.13B, 4.14, 4.14A, 4.14C, 4.14D, the loan, coupled with representative ‘‘notice to the borrower’’ of a change in 4.14E, 4.18, 4.18A, 4.19, 4.25, 4.26, 4.27, examples showing the effect of changes the borrower’s interest rate.7 However, a 4.28, 4.36, 4.37, 5.9, 5.10, 5.17, 7.0, 7.2, 7.6, in any of the cost elements of the loan, ‘‘widely publicized external index’’ 7.8, 7.12, 7.13, 8.0, 8.5 of the Farm Credit Act e.g., borrower stock, loan origination does not provide notice directly to a (12 U.S.C. 2011, 2013, 2014, 2015, 2017, charges, or interest rate, on the EIR borrower, and information available to 2018, 2019, 2071, 2073, 2074, 2075, 2091, 2093, 2094, 2097, 2121, 2122, 2124, 2128, would be appropriate under the borrowers on the Web or by telephone circumstances. We received no other 2129, 2131, 2141, 2149, 2183, 2184, 2201, does not provide such notice. For these 2202, 2202a, 2202c, 2202d, 2202e, 2206, comments on proposed § 617.7130 and reasons, we adopt § 617.7135 as final adopt it as final with only one change 2206a, 2207, 2211, 2212, 2213, 2214, 2219a, without change. 2219b, 2243, 2244, 2252, 2279a, 2279a–2, to remove proposed paragraph (a)(5) of 2279b, 2279c–1, 2279f, 2279f–1, 2279aa, this section in conformance with the 6 12 U.S.C. 2199(a)(4). 2279aa–5); sec. 413 of Pub. L. 100–233, 101 change to proposed § 617.7115. 7 12 U.S.C. 2199(a)(4). Stat. 1568, 1639.

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Subpart K—[Removed] Subpart B—Disclosure of Effective loan or advance of new funds must be Interest Rates included in the effective interest rate I 2. Remove subpart K, consisting of calculation for the transaction. §§ 614.4365 through 614.4368. § 617.7100 Who must make and who is entitled to receive an effective interest rate § 617.7115 How should a qualified lender PART 617—BORROWER RIGHTS disclosure? disclose loan origination charges? (a) A qualified lender must make the Any one-time charge paid by a I 3. The authority citation for part 617 disclosures required by subparts B and borrower to a qualified lender in continues to read as follows: C of this part to borrowers for all loans consideration for making a loan must be Authority: Secs. 4.13, 4.13A, 4.13B, 4.14, not subject to the Truth in Lending Act. included in the effective interest rate as (b) For a single loan involving more 4.14A, 4.14C, 4.14D, 4.14E, 4.36, 5.9, 5.17 of a loan origination charge. These than one borrower, a qualified lender is the Farm Credit Act (12 U.S.C. 2199, 2200, include, but are not limited to, loan required to provide only one set of 2201, 2202, 2202a, 2202c, 2202d, 2202e, origination fees, application fees, and 2219a, 2243, 2252(a)(9)). disclosures to borrowers. All borrowers conversion fees. Loan origination may designate, in writing, one person charges also include any payments Subpart A—General who will receive the effective interest made by a borrower to a qualified lender rate disclosure. If the borrowers do not to reduce the interest rate that would I 4. Amend § 617.7000 by adding the designate a particular recipient, the otherwise be charged, including any following definitions alphabetically to lender may provide the disclosure to at charges designated as ‘‘points.’’ read as follows: least one of the borrowers who is § 617.7000 Definitions. primarily liable for repayment of the § 617.7120 How should a qualified lender loan. present the disclosures to a borrower? * * * * * Adjustable rate loan means a loan § 617.7105 When must a qualified lender A qualified lender must: where the interest rate payable over the disclose the effective interest rate to a (a) Disclose the effective interest rate term of the loan may change. This borrower? and other information required by includes adjustable rate, variable rate, or (a) Disclosure to prospective subparts B and C of this part clearly and other similarly designated loans. borrowers. A qualified lender must conspicuously in writing, in a form that provide written effective interest rate Effective interest rate means a is easy to read and understand and that disclosure for each loan no later than measure of the cost of credit, expressed the borrower may keep; and the time of loan closing. as an annual percentage rate, that shows (b) Disclosure to existing borrowers. (b) Not combine the disclosures with the effect of the following costs, if any, (1) A qualified lender must provide a any information not directly related to on the interest rate on a loan charged by new effective interest rate disclosure to the information required by §§ 617.7130 a qualified lender to a borrower: an existing borrower on or before the and 617.7135. (1) The amount of any stock or date: § 617.7125 How should a qualified lender participation certificates that a borrower (i) The borrower executes a new determine the effective interest rate? is required to buy to obtain the loan; promissory note or other comparable and evidence of indebtedness; (a) A qualified lender must calculate (2) Any loan origination charges paid (ii) The borrower purchases the effective interest rate on a loan using by a borrower to a qualified lender to additional stock or participation the discounted cash flow method obtain the loan. certificates as a condition of obtaining showing the effect of the time value of money. Interest rate means the stated contract new funds from the qualified lender; or rate of interest. (iii) The borrower pays an additional (b) For all loans, the cash flow stream loan origination charge to the qualified * * * * * used for calculating the effective interest lender as a condition of obtaining new rate of a loan must include: I 5. Amend part 617 by adding new funds. subparts B and C to read as follows: (2) A qualified lender is not required (1) Principal and interest; (2) The cost of stock or participation Subpart B—Disclosure of Effective Interest to provide a new effective interest rate Rates disclosure when it advances new funds certificates that a borrower is required to to an existing borrower if none of the purchase in connection with the loan; Sec. conditions of paragraph (b)(1) of this and 617.7100 Who must make and who is entitled to receive an effective interest section apply and the advance is made (3) Loan origination charges described rate disclosure? pursuant to a preexisting contract that in § 617.7115. specifically provides for future 617.7105 When must a qualified lender (c) A qualified lender must establish disclose the effective interest rate to a advances. borrower? policies and procedures for EIR 617.7110 How should a qualified lender § 617.7110 How should a qualified lender disclosures that clearly show the effect disclose the cost of borrower stock or disclose the cost of borrower stock or of the cost of borrower stock (or participation certificates? participation certificates? participation certificates) and loan 617.7115 How should a qualified lender The cost of borrower stock or origination charges on the interest rate disclose loan origination charges? participation certificates must be of a loan. A qualified lender must also 617.7120 How should a qualified lender included in the effective interest rate establish policies and procedures for present the disclosures to a borrower? calculation at the time the stock or determining major assumptions used in 617.7125 How should a qualified lender participation certificate is purchased in calculating the effective interest rate, determine the effective interest rate? 617.7130 What initial disclosures must a connection with a loan transaction. For e.g., criteria on how the cost of borrower qualified lender make to a borrower? subsequent loans to existing borrowers, stock (or participation certificates) and 617.7135 What subsequent disclosures only the cost of new stock or loan origination charges are assigned or must a qualified lender make to a participation certificates, if any, allocated among multiple loans borrower? purchased in connection with a new obtained by a borrower simultaneously.

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§ 617.7130 What initial disclosures must a (b) Notice of increase in stock ACTION: Final rule. qualified lender make to a borrower? purchase requirement. If a qualified (a) Required disclosures—in general. lender increases the amount of stock (or SUMMARY: The Farm Credit A qualified lender must disclose in participation certificates) a borrower Administration (FCA, agency, we, or writing: must own during the term of a loan, the our) issues this final rule amending our (1) The interest rate on the loan; lender must send a written notice to the regulations governing the Farm Credit (2) The effective interest rate of the borrower at least ten (10) days prior to System’s (System) mission to provide loan; the effective date of the increase. The sound and constructive credit and (3) The amount of stock or notice must state: services to young, beginning, and small participation certificates that a borrower (1) The new effective interest rate on farmers and ranchers and producers or is required to purchase in connection the outstanding balance for the harvesters of aquatic products (YBS with the loan and included in the remaining term of the borrower’s loan; farmers and ranchers or YBS). calculation of the effective interest rate (2) The date on which the new rate is Additionally, with this final rule, the of the loan; effective; and agency amends the System’s disclosure (4) All loan origination charges (3) The reason for the increase in the to shareholders and investors to include included in the effective interest rate; borrower stock (or participation reporting on its service to YBS farmers (5) That stock or participation certificates) purchase requirement. and ranchers. certificates that borrowers are required EFFECTIVE DATE: This regulation will be to purchase are at risk and may only be Subpart C—Disclosure of Differential effective 30 days after publication in the retired at the discretion of the board of Interest Rates Federal Register during which either or the institution; and both Houses of Congress are in session. (6) The various types of loan options Sec. 617.7200 What disclosures must a qualified We will publish a notice of the effective available to borrowers, with an date in the Federal Register. explanation of the terms and borrower lender make to a borrower on loans rights that apply to each type of loan. offered with more than one rate of FOR FURTHER INFORMATION CONTACT: interest? (b) Adjustable rate loans. A lender Robert E. Donnelly, Senior Accountant, Office of Policy and Analysis, Farm must provide the following information Subpart C—Disclosure of Differential Credit Administration, McLean, VA for adjustable rate loans in addition to Interest Rates the requirements of paragraph (a) of this 22102–5090, (703) 883–4498, TTY (703) section: § 617.7200 What disclosures must a 883–4434, (1) The circumstances under which qualified lender make to a borrower on or the rate can be adjusted; loans offered with more than one rate of Wendy R. Laguarda, Senior Counsel, (2) How much the rate can be adjusted interest? Office of General Counsel, Farm at any one time and how much the rate A qualified lender that offers more Credit Administration, McLean, VA can be adjusted during the term of the than one rate of interest to borrowers 22102–5090, (703) 883–4020, TTY loan; must notify each borrower of the right (703) 883–2020. (3) How often the rate can be adjusted; to request a review of the interest rate SUPPLEMENTARY INFORMATION: (4) Any limitations on the amount or charged on his or her loan no later than frequency of adjustments; and the time of loan closing. At the request I. Objective (5) The specific factors that the of a borrower, the lender must: The objective of this rule is to ensure qualified lender may take into account (a) Provide a review of the loan to that the System provides sound and in making adjustments to the interest determine if the proper interest rate has constructive credit and services 1 to YBS rate on the loan. been established; farmers and ranchers.2 To accomplish (b) Explain to the borrower in writing § 617.7135 What subsequent disclosures this objective, the rule amends our must a qualified lender make to a borrower? the basis for the interest rate charged; existing regulations to provide: and 1. Clear, meaningful, and results- (a) Notice of interest rate change. (c) Explain to the borrower in writing (1) A qualified lender must provide oriented guidelines for System YBS how the credit status of the borrower written notice to a borrower of any policies and programs; and may be improved to receive a lower change in interest rate on the borrower’s 2. Enhanced reporting and disclosure interest rate on the loan. existing loan, containing the following to the public on the System’s information: Dated: March 23, 2004. performance and compliance with its (i) The new interest rate on the loan; Jeanette C. Brinkley, statutory YBS mission (YBS mission or (ii) The date on which the new rate is Secretary, Farm Credit Administration Board. mission). Through these amendments, the effective; and [FR Doc. 04–6968 Filed 3–29–04; 8:45 am] (iii) The factors used to adjust the public will be better able to measure the BILLING CODE 6705–01–P interest rate on the loan. (2) If the borrower’s interest rate is 1 The term ‘‘services’’ includes leases and related directly tied to a widely publicized services to YBS farmers and ranchers. FARM CREDIT ADMINISTRATION 2 The Farm Credit Act of 1971 (1971 Act) gave the external index, a qualified lender must production credit associations and the banks for provide written notice to the borrower 12 CFR Parts 614, 620, 630 cooperatives the authority to finance ‘‘producers or of the rate change within forty-five (45) harvesters of aquatic products’’ in addition to RIN 3052–AC07 days after the effective date of the financing ‘‘farmers and ranchers.’’ The 1980 amendments to the 1971 Act gave the Federal land change. Loan Policies and Operations; banks expanded authority to finance ‘‘producers or (3) If the borrower’s interest rate is not Disclosure to Shareholders; harvesters of aquatic products’’ and put such directly tied to a widely publicized Disclosure to Investors in Systemwide producers and harvesters on the same footing as ‘‘farmers and ranchers.’’ Thus, in accordance with external index, a qualified lender must and Consolidated Bank Debt send written notice to the borrower of the amendments to the 1971 Act, whenever we refer Obligations of the Farm Credit System to ‘‘YBS farmers and ranchers’’ or ‘‘YBS borrowers’’ the rate change within ten (10) days in this rule, we are including ‘‘producers or after the effective date of the change. AGENCY: Farm Credit Administration. harvesters of aquatic products.’’

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System’s performance in fulfilling its the policy statement, the agency issued meeting held on November 13, 2002, in YBS mission. a bookletter that included revised YBS Kansas City, Missouri.8 We discussed definitions and YBS reporting that our objectives for the ANPRM and II. Background procedures.5 The revised reporting public meeting were to seek the public’s As discussed in the preamble to the procedures contained in the bookletter suggestions on possible YBS regulatory proposed rule (see 68 FR 53915, require System institutions to submit approaches and policy initiatives and to September 15, 2003), section 4.19 of the detailed annual reports to the agency on hear about ways to enhance the Farm Credit Act of 1971, as amended all aspects of their YBS programs. System’s service to YBS farmers and (Act), requires each System association In furtherance of this initiative, in ranchers. The comments, in response to to prepare a program for furnishing 1999, YBS lending programs became a the ANPRM and from the testimony at sound and constructive credit and ‘‘focus area’’ of agency examinations the public meeting, reflected a related services to YBS farmers and where, among other factors, the agency multitude of opinions on the issue of ranchers. Congress added this section to reviewed System institutions’ YBS whether the agency should provide the Act in 1980 to focus the System’s board policies and procedures; YBS more guidance to the System on YBS attention on the need to have programs credit enhancement programs and policies and programs. The preamble to for such borrowers. Our current YBS underwriting standards; YBS program the proposed rule provided an extensive regulations restate the YBS coordination with Federal, state, System discussion of those comments together requirements in the Act. Further or other credit sources; demographic with the agency’s responses. Overall, interpretation of the Act’s YBS studies; marketing, advertising, and the comments were generally divided requirements currently is found in other outreach programs; and the between those that opposed the 3 agency policy guidance. quality of YBS reporting to System issuance of revisions to the agency’s As stated in our proposed rule, YBS institutions’ boards and FCA. YBS regulation and those that supported farmers and ranchers, like all those in Additionally, for the past 3 years, the additional regulatory requirements. agriculture today, face a wide range of FCA recognized the exemplary YBS III. General Comments Received challenges, including access to capital programs of several System associations. and credit; the impact of rising costs on In the proposed rule, we also In response to the proposed YBS rule, profitability; urbanization and the discussed the March 8, 2002, General the agency received 52 comment letters. availability of resources like land, water Accounting Office (GAO) report on our Commenters included the Farm Credit and labor; globalization; and oversight of the System’s mission to Council, System institutions, competition from larger or more serve YBS farmers and ranchers.6 The commercial banks, the American established farms. Although all GAO report recommended, in part, that Bankers Association, the Independent agricultural producers face these the agency strengthen its oversight role Community Bankers of America, and challenges, the hurdles that YBS farmers of the System’s YBS lending, promote other associations or trade groups and ranchers face are often greater. We YBS compliance, and highlight the involved in agriculture, such as the continue to believe the System’s YBS Sustainable Agriculture Coalition and System’s efforts to provide services to mission is important to enable small the Farmers’ Legal Action Group. Many YBS farmers and ranchers by: and start-up farmers and ranchers to of these commenters included by 1. Promulgating a regulation that make successful entries into agricultural reference their previous comments in outlines specific activities and production. The System’s YBS mission response to the ANPRM. In fact, a standards that constitute an acceptable is also critical to facilitate the transfer of majority of the comments received in program to implement the YBS statutory agricultural operations from one response to the proposed rule were requirement; generation to the next. For all these identical or similar to the comments on 2. Ensuring that examiners follow the reasons, the agency remains committed the ANPRM and testimony at the public guidance, complete the appropriate to ensuring that the System fulfills its meeting and are addressed in our examination procedures related to YBS, important public purpose mission to responses to the comments below. The and adequately document the work YBS farmers and ranchers. commenters generally can be divided performed and conclusions drawn In the proposed rule, the agency set into two groups—those that oppose the during examinations; and forth minimum components that each additional requirements in the proposed 3. Publicly disclosing the results of System direct lender association must rule and those that believe the proposed the examinations for YBS compliance include in its YBS program and added rule should go further in delineating requirements to enhance the reporting for individual System associations. YBS program, reporting, and disclosure and disclosure to the public of the In the proposed rule we noted that in its requirements. Our responses to all these System’s YBS programs, compliance, response to Congress, the FCA commenters are included in this section and performance. expressed its commitment to address on general comments and in the section- The content of the proposed rule was the issues raised in the GAO report. by-section response further on in part VI an outgrowth of an initiative undertaken In continuance of our YBS initiative, of this preamble. by the agency to renew the System’s the agency sought public input through A few commenters supported the commitment to its YBS mission. This an advance notice of proposed proposed rule, stating specifically that it initiative began in 1998, with the rulemaking (ANPRM) 7 and a public supports FCA’s effort to help YBS adoption of an FCA Board policy farmers and ranchers and that the statement that provided guiding 5 FCA BL–040, Policy and Reporting Changes for reporting requirements should help principles for enhanced service to YBS Young, Beginning, and Small Farmers and Ranchers Programs, issued December 11, 1998, available on improve transparency and 4 farmers and ranchers. To implement the FCA Web site, http://www.fca.gov (under Legal accountability. The agency agrees that Info., FCA Handbook). the final YBS rule, which provides 3 See infra, notes 4 and 5. 6 Farm Credit Administration: Oversight of results-oriented guidelines for YBS 4 FCA–PS–75, Farm Credit System Service to Special Mission to Serve Young, Beginning, and policies and programs and enhanced Young, Beginning, and Small Farmers and Ranchers Small Farmers Needs to be Improved (GAO–02– effective December 10, 1998, available on the FCA 304), available on the GAO Web site, http:// reporting and disclosure requirements, Web site, http://www.fca.gov (under Legal Info., www.gao.gov/cgi-bin/getrpt?GAO–02–304. FCA Handbook). 7 See 67 FR 59479, September 23, 2002. 8 See 67 FR 64320, October 18, 2002.

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should ensure that the System continues and examination and reporting program and determine, through the to remain focused on and committed to requirements to which the System must examination process, whether an its YBS mission. currently adhere. Although the 2002 association is adequately serving its Many commenters opposed the GAO report focused attention on the YBS market. proposed rule, stating that: agency’s oversight role of the System’s Some commenters suggested that the • The requirements would create YBS mission, well before the issuance of agency allow the use of System additional burdens and costs for System the report, the agency had taken subsidiary entities, which, they believe, institutions without providing new tools significant steps to direct the System to would make it easier for System for better servicing YBS farmers and refocus on its YBS mission. Specifically, associations to provide funding for ranchers or increasing the number of in 1998, the agency issued a policy higher risk YBS loans and increase YBS loans; statement and bookletter on the YBS lending to YBS borrowers. Efforts to • Additional costs resulting from a mission and, in 1999, the agency made create new corporate structures for revised YBS rule would be passed on to YBS a focus area of agency System institutions have broad the farmers and ranchers and is examinations. In fact, since 1980, when implications beyond service to YBS inconsistent with congressional Congress first added section 4.19 to the farmers and ranchers. Some System directives to eliminate unnecessary and Act, the agency has had regulatory and institutions have approached the agency burdensome regulations; policy guidance on the System’s YBS to discuss their desire to create new • The System, which is tasked with mission to supplement the Act’s general entities for various purposes, including serving all of American agriculture, YBS requirements for System banks and YBS-related purposes. The agency will recognizes the importance of and is direct lender associations. As seen by continue to respond directly to those already adequately serving the credit our efforts previous to the GAO report, requests, but believes that the issue needs of YBS farmers and ranchers; and the final rule is not simply a response raised by the commenters goes beyond • There is no evidence suggesting to GAO, but a means to ensure that the the scope of this rulemaking. YBS farmers and ranchers are being System continues to actively and One commenter recommended that denied access to credit by the System. creatively seek ways to finance and the agency require System institutions service the needs of YBS borrowers. to expand their YBS programs by adding The commenters expressed concern that Finally, FCA has taken a proactive a fourth category for ‘‘socially the proposed rule is the product of a approach to its oversight role of the disadvantaged’’ farmers and ranchers. GAO report on the agency’s oversight of System’s YBS mission. By issuing this Similarly, another commenter the System’s mission to serve YBS final rule, we strive to ensure that the recommended that the System gather farmers and ranchers and requested that System will successfully fulfill its YBS data about the gender and ethnicity of FCA reconsider the issuance of a revised mission and diminish the need for the borrowers they serve to ensure YBS rule, as well as its response to ensuring mission accomplishment credit is being provided equally across GAO. Many of these commenters through the use of our enforcement such categories. Requiring the System to suggested that, rather than issuing a authorities. We note, however, that by implement either of these revised YBS rule, the agency should use moving much of the current YBS recommendations is beyond the its enforcement authority to address any guidance from a policy statement and a agency’s authority because the Act System shortfalls in meeting the credit bookletter to a rule, we are neither includes a special mission to needs of YBS borrowers. strengthening our ability to more serve ‘‘socially disadvantaged’’ farmers Many of the foregoing comments are effectively take an enforcement action or ranchers nor a directive to serve similar or identical to comments made against a System institution for its borrowers of a certain gender or in response to the ANPRM and the failure to meet its YBS responsibilities ethnicity. We note, however, that these testimony at the public meeting on YBS should it become necessary. groups are not excluded from the guidance. As we stated previously, A number of commenters suggested System’s overall mission. Section 1.1(a) section 4.19 of the Act requires the the agency eliminate the scope of of the Act requires the System to serve System to pay particular attention to the lending restrictions limiting lending to all eligible American farmers and credit and related services needs of YBS less than full-time farmers so that part- ranchers. In fact, System YBS programs farmers and ranchers. Congress inserted time farmers have more access to credit. often include service to socially- section 4.19 of the Act, in part, as a This issue is currently under review as disadvantaged, women, and minority response to a recognition that the family part of a separate agency rulemaking on farmers and ranchers, as these groups farm was declining in American scope and eligibility. However, even if often comprise either young, beginning, agriculture at an alarming rate. This FCA were to remove the scope of or small farmers and ranchers. Thus, the final rule is not a response to a lending restrictions, a regulation on YBS enhanced YBS rule should also advance perception that the System does not would still serve to enhance the the System’s service to these groups of value or adequately serve YBS System’s fulfillment of its YBS mission. potential borrowers. borrowers. Rather, the rule is a means to One commenter suggested that the Two commenters stated that the FCA ensure that the System remains focused removal of territorial restrictions would needs to prohibit System institutions on this very important group of enable some System associations with a from engaging in below-market pricing potential borrowers so that they can strong commitment to serving YBS of loans in order to avoid ‘‘cherry- continue to have a future in agriculture. farmers and ranchers to fill a need when picking’’ the best borrowers. This same Thus, the agency does not believe that a neighboring association fails to comment was made in response to the a regulation to ensure the System meets adequately serve its YBS market. A ANPRM on YBS. At that time, we its YBS statutory mandate is consideration to remove territorial responded by explaining that sections unnecessary. restrictions is not currently listed in the 1.8(b) and 2.4(c)(2) of the Act provide Further, we do not believe that this agency’s regulatory performance plan that ‘‘it shall be the objective’’ of System YBS final rule will result in significant (available on the agency’s Web site, lenders to set interest rates and other additional burdens or costs for the http://www.fca.gov). However, with this charges ‘‘at the lowest reasonable costs System. Many of the rule’s requirements final rule, the agency can better assess on a sound business basis’’ taking into already exist in current YBS guidance the effectiveness of an association’s YBS consideration the lender’s cost of funds,

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necessary reserves, and the cost of activity, rather than a required but also disclosure of agency providing services to its members. Thus, component, of a YBS program. examination results of each the System is fulfilling its public Lastly, one commenter opposed any association’s YBS program. These purpose under the Act when it provides programs that support YBS farmers and commenters also asserted that the interest rates at the lowest reasonable ranchers, especially if such programs agency’s YBS ratings should be cost on a sound business basis. In are financed with taxpayer dollars. This expanded to be more comparable to the addition, through the examination commenter appears to be unclear about ratings other financial institutions are process, the agency routinely reviews the purpose of the proposed rule and subject to under the Community each System institution’s loan pricing to the role of the System. Section 4.19 of Reinvestment Act (CRA) and the Home ensure that interest rates charged to the Act requires the System to serve the Mortgage Disclosure Act of 1975 borrowers cover costs and provide credit and related services needs of YBS (HMDA). These commenters point out additional capital to ensure the farmers and ranchers. A regulation on that financial institutions subject to institution’s ongoing safety and System YBS programs serves to support CRA and HMDA are required to disclose soundness. Moreover, in our oversight the YBS statutory requirement. Further, to the public their performance ratings and regulatory role, we ensure that the we note that, as a Government- in serving low and moderate income System is providing sound, adequate, sponsored enterprise (GSE), the System households. The commenters note that, and constructive credit and related does not operate with taxpayer dollars under CRA, a financial institution’s services to all eligible American farmers and so its YBS programs are financed performance is rated as ‘‘outstanding,’’ and ranchers. with private funds rather than public ‘‘satisfactory,’’ ‘‘needs improvement,’’ or Finally, one commenter suggested monies. ‘‘substantial noncompliance.’’ The that the agency remove any suggestions IV. Comments on the Pass/Fail Rating commenters stated that since the System or recommendations from the final rule is a GSE, the agency should impose YBS so that it is clear what the rule requires. In the preamble to the proposed rule, ratings at least as stringent as CRA The agency believes that the the agency discussed its intention to ratings. Many of these same commenters requirements in the rule are clearly assign a ‘‘pass’’ or ‘‘fail’’ rating to each also suggested that the agency make marked by the use of the word ‘‘must.’’ direct lender association’s overall YBS both the YBS rating and examination One section of the rule, namely program. We further stated that this YBS results of each direct lender association § 614.4165(c) on direct lender compliance rating would be based on a available to the public on the agency’s association YBS programs, contains review of the direct lender association’s Web site, similar to the practice of the suggestions, marked by the use of the YBS program components during an other Federal financial regulators under words ‘‘may’’ or ‘‘could.’’ The agency examination of an association. We also CRA. Finally, several of the commenters deliberately used suggestive language in mentioned the FCA Board’s intention to state that many of their this section to allow a direct lender publicly disclose the results of the recommendations are consistent with association maximum flexibility in System’s YBS compliance. the issues raised in the GAO report. designing a YBS program that best fits Many commenters raised opposition Many of these comments are similar, the needs of its territory and is within to the implementation of any kind of if not identical, to comments we its risk-bearing capacity. Thus, although YBS rating or the disclosure of received and addressed in response to all System associations must develop compliance results to the public. These the ANPRM. The commenters that annual quantitative YBS targets, the rule commenters stated that such disclosures remain opposed to the imposition and offers suggestions only on what such would not be useful because the disclosure of a YBS compliance ratings targets might look like. Similarly, circumstances of each association are and those that desire expansions to the although direct lender associations YBS unique. These same commenters ‘‘pass/fail’’ ratings provide little or no programs must include annual expressed further concerns that the new arguments in support of their qualitative YBS goals and methods to agency had not clearly set forth the positions. The agency continues to ensure that such programs are offered in criteria it would use to determine a believe it is important to measure and a safe and sound manner and within ‘‘pass’’ or ‘‘fail’’ rating, and therefore the provide the public with a complete and their risk-bearing capacity, the way in determination of such ratings would be accurate picture of the System’s YBS which associations fulfill these arbitrary. The commenters expressed compliance and performance. Again, we components of the program is left up to concern that without clear criteria, a believe this will be best accomplished them. We believe that through the use ‘‘pass’’ rating would not provide the through disclosure of some form of of the words ‘‘must’’ and ‘‘may,’’ the public with any useful information, rating that indicates each direct lender final rule clearly delineates what is while a ‘‘fail’’ rating could unfairly association’s compliance with the required from what is simply suggested damage an association’s reputation and minimum components for a YBS as a way of meeting a particular program competitive position. These commenters program, along with the requirement component requirement. questioned whether such disclosure was that each System institution report on Another section of the proposed rule, appropriate or even authorized by and publicly disclose its YBS mission namely § 614.4165(d) on advisory Congress, stating further that results. committees, is also not a requirement examination results are, and should In consideration of the comments on but only a suggested activity for an remain, confidential. Finally, these the ‘‘pass/fail’’ rating, we now want to association’s YBS program. However, commenters stated that such ratings clarify that the ‘‘pass/fail’’ rating is a because the formation of a YBS advisory were unnecessary because of the compliance rating only that will simply committee is a type of outreach activity, extensive reporting and disclosure indicate whether direct lender we have moved this suggestion in the requirements in the proposed rule. association YBS programs meets the final rule to § 614.4165(c)(3)(iii) on Many other commenters expressed requirements of this rule. In contrast, outreach programs rather than retain it support for rating the YBS programs of the enhanced YBS reporting and as a separate, suggested component. We direct lender associations. In addition, disclosure requirements in the rule will believe this change in the rule will make these commenters suggested that FCA reveal the performance results of each it clearer that the formation of a YBS not only require disclosure of each association’s YBS program. We also advisory committee is a suggested direct lender association’s YBS rating, point out that the ‘‘pass/fail’’ rating

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process, which has not been V. Comments on YBS Data Collection just as deserving of YBS credit and incorporated into the rule itself, is an Issues services as full-time farmers. internal examination function that we Many commenters once again made Other commenters reiterated their discuss in this preamble only to suggestions on ways to improve the concern that the System be prevented highlight the direction of FCA accuracy of the YBS data collected by from inflating its YBS numbers by concerning its YBS examination efforts. the agency from System institutions. allowing the same loan to be counted The agency is considering what type Some commenters suggested the agency separately in each applicable YBS of examination procedures are necessary ensure that loans to father and son category. These commenters also for evaluating each direct lender operations are counted as YBS loans expressed a preference for having the association’s YBS program compliance only when the son is actively involved System count and report on the number with the provisions in this rule. Once in the farm operation. Under current of YBS borrowers rather than loans. developed, the YBS examination criteria agency guidance, if a son is co-obligated The foregoing comments are similar to also will be included in the agency’s on the father’s loan or has an ownership comments we addressed in response to examination manual (available on our interest with his father in the farm the ANPRM. We continue to disagree Web site at http://www.fca.gov). operations, the loan can qualify as a with the implications of these The agency continues to believe that YBS loan as long as one or more of the comments that the reported YBS some form of disclosure of direct lender YBS definitions is met. We believe this information is inaccurate and associations’ YBS ratings, combined criteria is appropriate for counting the misleading. As explained in the with the required YBS reporting and loan in any of the YBS categories. preamble to the proposed rule, the disclosure requirements in this final Requiring a YBS borrower to be actively practice of reporting a loan in each rule, will provide the public with a involved in the farming operations is applicable YBS category is consistent sound understanding of each inconsistent with the purpose of YBS with other GSE mission-related association’s YBS compliance and lending. The purpose of the YBS reporting, such as the Federal National performance and will also help the mission is to permit YBS farmers, who Mortgage Corporation (Fannie Mae) and System to better fulfill its YBS mission. often are required to earn off-farm the Federal Home Loan Mortgage Furthermore, the agency continues to Corporation (Freddie Mac) reports on income to maintain their farming 9 believe that it not only has the operations, to get started in agriculture their annual housing goals, as well as authority, but also the responsibility in by a variety of means. Thus, we do not with congressional intent to report on its oversight and regulatory role, to see where additional criteria to assess a the System’s service to each category of disclose YBS compliance ratings and to son’s actual involvement in the farming YBS farmers and ranchers. Finally, in ensure that the System describes its operations would substantially improve the agency’s Performance and performance results to the public. The upon the accuracy of the YBS data Accountability Report for fiscal year agency will continue to assess the most collected by the System or improve 2002, the information on the System’s effective way to make the YBS ratings upon the System’s service to YBS YBS lending explicitly states that YBS available to the public. farmers and ranchers. categories are not mutually exclusive. As stated in the preamble to the These commenters also suggested that Therefore, one cannot add across YBS proposed rule, the agency believes it is the agency aggregate loans to one categories to count total YBS lending. inappropriate to disclose confidential borrower to determine whether the As also explained in our response to examination report information. In borrower is a ‘‘small’’ farmer and that the comments received on the ANPRM, addition, we continue to believe the we add a category for ‘‘part-time’’ in 1998, the agency made several additional transparency provided by the farmers to the YBS categories. Under changes to the way it collected YBS data enhanced reporting and disclosure current agency procedures, our from the System, including collecting requirements in the rule will give the determination of a ‘‘small’’ farmer is YBS data based on the number of YBS public a sound understanding of the based on gross sales of agricultural or loans rather than the number of YBS System’s YBS compliance and aquatic products rather than loan borrowers. The changes were consistent performance results and will, therefore, volume. As discussed at length in the with the new YBS definitions the preclude the need for disclosing the preamble to the proposed rule, we agency developed at that time and were YBS sections of agency examination believe the current definitions for the made to capture more complete reports. If the agency determines that an YBS categories, which were revised in information on the System’s extension institution’s reporting and disclosure do 1998, properly reflect the changes in of credit and services to YBS farmers not provide a sound understanding of agriculture over the years and provide and ranchers. In addition, we believe the System’s YBS compliance and the most accurate picture of the that the collection of loan numbers in performance results, the agency can System’s service to YBS farmers and combination with loan volume (that is, remedy any shortcomings through its ranchers. Thus, we see no benefit to the average size of an institution’s YBS supervisory and enforcement changing our definition of ‘‘small’’ loan) provides the public a base for a authorities. As to the suggestions for farmer. more useful comparison of the System’s implementing disclosures similar to Similarly, we see no benefit to adding extension of credit to YBS borrowers. CRA and HMDA, we note that the Act a separate category for part-time The agency continues to believe that the does not have the same requirements for farmers. Congress mandated the agency key issue in YBS data collection is YBS ratings and disclosure as those set to collect information on ‘‘young,’’ consistent YBS reporting throughout the forth in the CRA or HMDA. However, ‘‘beginning,’’ and ‘‘small’’ farmers and System. We believe that our current we believe that the enhanced rating, ranchers. The commenters provided no method of categorizing and counting the reporting, and disclosure requirements rationale for requiring System System’s YBS loan numbers and loan of this rule fulfill the YBS provisions in institutions to distinguish between part- volume provides the most accurate and the Act and will provide effective time and full-time farmers in their YBS 9 The annual housing goals are established and disclosure to the public on the System’s reporting. Moreover, we believe that supervised by the Department of Housing and YBS programs, as well as mission part-time YBS farmers, who often need Urban Development, Fannie Mae’s and Freddie shortfalls and accomplishments. off-farm income to make ends meet, are Mac’s regulator.

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complete picture of the System’s YBS Section 614.4165(b)—Farm Credit Bank are responsive to the needs of YBS mission fulfillment. Policies borrowers, take full advantage of Finally, other commenters suggested This section implements certain opportunities for coordinating credit that FCA examiners verify the accuracy provisions of section 4.19 of the Act, and services with other providers of credit, and implement effective outreach of the YBS data being reported by which require each: programs to attract YBS farmers and System institutions. We note that data 1. Direct lender association to adopt a ranchers; and verification, conducted on a sampling YBS program under the polices of its 11 4. Establish methods to ensure that it basis, is already a part of YBS funding Farm Credit bank board; 2. Direct lender association to is conducting its YBS program in a safe examination procedures. coordinate with other System and sound manner and within its risk- The remaining comments discussing institutions in its territory, and other bearing capacity. the particulars of the proposed rule are governmental and private sources of Several commenters commended addressed in the following section of credit in extending credit and services § 614.4165(c) of the proposed rule this document. to YBS farmers and ranchers; because it allows System associations to 3. Direct lender association to report take into consideration the VI. FCA’s Section-by-Section Response annually on its YBS programs and demographics and economy of their to Comments performance results to its funding bank; territories along with their risk-bearing capacities when establishing their YBS Section 614.4165(a)—Definitions and 4. Farm Credit bank to report annually programs. Two commenters supported The proposed definition section to the FCA summarizing the YBS the minimum YBS components required clarified various terms used in section program operations and achievements of by the proposed rule. However, many 4.19 of the Act. For instance, this its affiliated direct lender associations. commenters stated that in the Act section clarifies that, for purposes of Two commenters expressed concern Congress left the design of each association’s YBS program up to their this subpart, the term ‘‘credit’’ includes that requiring banks to have written respective funding banks. These all loans and interests in participations policies on their affiliated associations’ YBS programs is contrary to FCA’s commenters stated that Congress made by System banks and direct lender recognition that direct lender recognized that local conditions warrant associations operating under titles I or II associations have gained more different approaches and deferred to the of the Act. The term ‘‘services,’’ as used autonomy from their funding banks wisdom and local knowledge of the in section 4.19(a) of the Act, includes all since 1980, when section 4.19 was first System bank boards to establish policies leases made under titles I or II added to the Act. Notwithstanding the to guide these programs. authorities and all related services made fact that System banks have taken a Since 1980, when section 4.19 was by System banks and direct lender diminished role in overseeing the first included in the Act, the associations operating under titles I or II operations of their affiliated direct relationship between the funding banks of the Act. lender associations, the requirements in and their affiliated associations has We received only one comment on this section track the requirements of significantly changed, with the associations operating much more this section, suggesting that we develop section 4.19 of the Act, which we independently from their funding a meaningful definition of a small farm simply are not at liberty to disregard. banks. Although the rule retains the or ranch, one that is useful in today’s Therefore, we adopt § 614.4165(b) as final without change. statutory directive for associations to market environment and based on input establish their YBS programs under the from all appropriate entities. Section 614.4165(c)—Direct Lender policies of their funding banks, in As mentioned in the preamble to our Association YBS Programs recognition of the autonomy with which proposed rule, the agency’s current This section sets forth the minimum associations now operate, we have kept definitions for ‘‘young,’’ ‘‘beginning,’’ components that each direct lender the bank policies to a minimum, as and ‘‘small’’ farmers and ranchers are association must include in its YBS discussed earlier. Moreover, we agree set forth in 1998 FCA guidance.10 The program while at the same time that Congress intended YBS programs to guidance defines ‘‘small’’ as a farmer, allowing each association to design a be developed by the System lenders rancher, or producer or harvester of YBS program unique to its territory. At who have the most knowledge of their aquatic products who normally a minimum, when developing a YBS territories. We have, therefore, generates less than $250,000 in annual program, each direct lender association developed this section to allow each gross sales of agricultural or aquatic must: direct lender association maximum products. We discussed the extensive 1. Develop a YBS program mission flexibility in creating a YBS program research the agency undertook in statement describing the YBS program that takes into consideration the arriving at this definition of ‘‘small’’ objectives and specific means of economy and demographics of its farmer and rancher, which included achieving those objectives; territory, as well as its risk-bearing 2. Develop annual quantitative targets evaluating terms used by the United capacity. In so doing, the YBS rule is for credit to YBS farmers and ranchers consistent with congressional intent to States Department of Agriculture that are based on an understanding of allow each association to design a YBS (USDA) and other regulatory agencies reasonably reliable demographic data program that best fits the needs of its who collect data on ‘‘small’’ farmers and for the lending territory; lending territory. ranchers. Thus, we continue to believe 3. Develop annual qualitative goals the definition for ‘‘small’’ farmers and that include efforts to offer services that Section 614.4165(c)(1)—Mission ranchers currently in use by the agency Statement is appropriate. For the foregoing 11 Although section 4.19 of the Act refers to One commenter stated that it is reasons, we adopt proposed ‘‘district’’ and ‘‘supervising’’ Farm Credit banks, we inappropriate and potentially confusing § 614.4165(a) as final without change. use the term ‘‘funding’’ bank, which we believe more appropriately reflects the current relationship for a regulation to require a mission between a Farm Credit bank and its affiliated direct statement that focuses only on YBS 10 See supra note 5. lender associations. programs rather than on the System’s

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mission to serve all of American institution’s YBS market penetration. quantitative targets. Hence, even when agriculture. Another commenter stated that the demographic data is not an ideal We do not agree with the commenter’s requiring quantitative targets to representation of an association’s YBS concern that a mission statement reasonably relate to demographic data is market, the reasonable person standard focusing strictly on an association’s unduly burdensome. Still, another allows associations to establish targets service to YBS farmers and ranchers is commenter asked the agency to explain in variance of such data as long as they inappropriate or confusing. We believe further what it means when it states that can justify the difference. Nevertheless, the exercise of developing a mission the quantitative targets must be based we have revised § 614.4165(c)(2) in the statement will compel each direct on ‘‘reasonably reliable’’ demographic final rule to make it clear that each lender association to focus on the data that ‘‘reasonably reflect’’ the YBS direct lender association’s quantitative objectives of its YBS program and the demographics in the lending territory. targets must be based on an steps it must take to accomplish such This commenter believes these terms are understanding of how the data relates to objectives. Further, developing a too vague. the YBS market in the association’s mission statement to give direction to an A reliable measurement is necessary lending territory, not directly based on association’s YBS program does not in to ensure that the System is adequately the demographic data. Since we believe any way hinder an association’s fulfilling its YBS public purpose ‘‘reasonably reliable demographic data’’ capacity and responsibility to serve all mission. We believe that demographic encompasses the meaning of the phrase of American agriculture. data is necessary for each direct lender in the proposed rule ‘‘that reasonably association to adequately assess its YBS Section 614.4165(c)(2)—Quantitative reflect the YBS demographics’’, the market characteristics, and we note that Targets latter phrase has been removed. none of the commenters suggested a One commenter suggested that the Many commenters responded to this more viable alternative for assessment. quantitative targets should reflect not section of the proposed rule. One Although we recognize that not all only existing demographics, but also commenter suggested that this section available demographic data may be an more far-reaching assessments of the be changed to permit System ideal representation of the YBS market needed changes in the distribution of associations to consider their financial in each association’s territory, we still farm assets to achieve a more balanced condition and risk-bearing capacity believe such data is useful and is a and diverse structure of agriculture and when establishing quantitative targets. reasonable representation of the YBS future borrower pools. The commenter In fact, § 614.4165(c)(4) requires each market in a lending territory. suggested that this be accomplished by System association to have methods to Further, we do not believe it is inserting at the end of the first sentence ensure that it offers credit and related burdensome to require that quantitative in § 614.4165(c)(2) the following: ‘‘and services to YBS borrowers in a safe and targets be based on demographic data, as that progressively increase self- sound manner and within its risk- there is available and easily obtainable employment opportunities in bearing capacity. Thus, quantitative data from the United States Department agriculture within the lending targets and qualitative goals must be of Agriculture’s National Agricultural territory.’’ established with these safety and Statistics Service Census of Agriculture The System’s mission is to serve the soundness factors in mind. (USDA Census). We have attempted to credit and related services needs of all One commenter pointed out that the make the reliance on demographic data farmers and ranchers. Although the agency should understand the less burdensome and costly by not System is not directly responsible for distinction between loan number goals requiring each direct lender association, increasing self-employment and borrower number goals, as well as or an independent source, to complete opportunities in agriculture, its mission new-borrower goals versus new-loan a demographic study. Instead, the rule certainly helps to accomplish this goal goals. The agency is aware of the allows for the use of the available by making more agricultural credit distinctions of establishing YBS demographic data as long as an available. Thus, we believe it is quantitative targets by number of loans association can explain any differences unnecessary to add the suggested versus number of borrowers or by between its YBS quantitative targets and language to this section. number of new loans versus new the data it is relying upon to establish A number of commenters were borrowers. However, we have left it to such targets. Finally, we note that dissatisfied with the rule’s approach the decision of each direct lender associations are free to obtain permitting each direct lender association to determine how best to demographic data from other available association to establish their own establish its quantitative YBS targets. sources besides the USDA Census, such quantitative targets rather than defining This approach allows an association, for as state and county demographic data or specific targets in the rule for the example, to establish a quantitative by any other appropriate means. associations. The comments on this target based on increasing the number of We do not believe the phrase issue contained a number of new YBS borrowers if it determines that ‘‘reasonably reliable’’ demographic data suggestions, including that the agency: it wants to achieve a greater number of that ‘‘reasonably reflects’’ the YBS develop specific targets on the number YBS borrowers versus YBS loans. demographics in a lending territory is of guaranteed loans made to beginning One commenter supported the vague or lacking in sufficient specificity. farmers and ranchers; look to the targets requirement that an association The selection of these terms employs of other GSE regulators, such as those establish quantitative targets that the ‘‘reasonable person’’ standard ‘‘that required for Freddie Mac and Fannie reasonably reflect the YBS is, whether a reasonable person with Mae, to help it set specific targets for the demographics in its territory rather than knowledge of the relevant facts would System associations; and impose basing such targets on nationwide data. question an association’s reliance on the penalties when an association fails to However, many other commenters demographic data or the reasonableness meet the specific targets. stated that no meaningful demographic of its quantitative targets in light of such The agency has strived throughout data exists that is reflective of an data. This standard enables associations this rule to avoid dictating a uniform association’s territory and that using the to draw on their sound business Systemwide approach to fulfilling its data currently available will lead to judgment and knowledge of their YBS mission. Establishing specific YBS distortion and faulty analysis of an territory in establishing their quantitative targets for all System

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associations would be inconsistent with responsibility out of the hands of an and its risk-bearing capacity would our approach and impractical given the association’s board to oversee its YBS permit it to offer such enhancements. unique demographic and lending outreach efforts nor does it tie One commenter stated that this environments of each association’s management’s hands in implementing section’s reference to risk-bearing territory. The agency’s examination and outreach programs. The rule simply capacity will be used by System enforcement authorities will enable us states that a minimum component of an associations as an excuse not to lend to to evaluate the reasonableness of each association’s YBS program must include YBS borrowers. System associations association’s quantitative targets and to outreach programs and suggests types of must always consider their risk-bearing require adjustments to the targets where outreach activities that an association capacity when extending credit and deemed necessary. might consider. An association board services. It is especially important to Section 614.4165(c)(3)—Qualitative and management are free to pursue consider risk when extending credit to Goals appropriate outreach activities, a potentially less financially stable including others than those suggested in group of borrowers, such as YBS One commenter expressed concern the rule. borrowers. Nevertheless, associations that § 614.4165(c)(3)(i), which requires are still expected to demonstrate that YBS services to be offered in Finally, one commenter suggested that the final rule include goals for loan they are meeting the credit and services coordination with others, interferes with needs of the YBS community in their a direct lender association’s ability to restructuring for YBS borrowers. Direct lender associations must provide respective territories. The requirements make its own choices on the types of for YBS programs set forth in this final related services it wishes to offer. This borrower rights to all of their borrowers.12 The decision to restructure rule should enhance System YBS requirement, to coordinate with others programs and help ensure that the when offering related services, is a distressed loan is a fact-specific one System successfully achieves its YBS required by section 4.19(a) of the Act. that must be made on a case-by-case mission in a safe and sound manner. Neither the Act nor this rule dictate basis. Setting goals for restructuring what type of related services must be YBS loans would be contrary to sound For all the foregoing reasons, we are offered. However, the requirement to lending practices and could jeopardize adopting § 614.4165(c) as final with coordinate with others ensures that YBS the safe and sound operations of an only two changes. As we explained borrowers, a group that can especially association. above, we have revised § 614.4165(c)(2) in the final rule to make it clear that benefit from related services, will Section 614.4165(c)(4)—Credit receive the help they need in their each direct lender association’s Enhancements and Risk-bearing quantitative targets must be based on an farming or ranching operations. By Capacity offering such services in coordination understanding of how the data relates to with others, associations may find the One commenter suggested that the the YBS market in the association’s expertise and the cost-sharing benefits final rule include special credit lending territory, not directly based on necessary to provide a full array of treatment, special interest rates, and the demographic data. Since we believe services. loan participation programs for YBS ‘‘reasonably reliable demographic data’’ One commenter suggested we add borrowers. Similar to all of the encompasses the meaning of the phrase language to § 614.4165(c)(3)(i) and (ii) minimum components for a YBS in the proposed rule ‘‘that reasonably that specifically includes program set forth in this rule, this reflect the YBS demographics’’, the nongovernmental organizations when section simply states that YBS loans latter phrase has been removed. describing the offering of credit and must be offered in a safe and sound Further, as explained in the following services in coordination with others. We manner and within an association’s risk- section, in the final rule we are adding do not believe this language change is bearing capacity. This section of the rule the following language to the end of necessary because the rule, at then suggests types of credit § 614.4165(c)(3)(iii): ‘‘as well as an § 614.4165(c)(3)(ii), requires that each enhancements that an association can advisory committee comprised of direct lender association take full use to manage risk while providing ‘‘young,’’ ‘‘beginning,’’ and ‘‘small’’ advantage of opportunities for more opportunities to its YBS farmers and ranchers to provide views coordinating credit and services offered borrowers. on how the credit and services of the direct lender association could best by other Farm Credit System In all of the minimum components, serve the credit and services needs of institutions, and other governmental our approach remains consistent. That YBS farmers and ranchers.’’ and private sources of credit and is, each direct lender association has the services. Private sources of credit would flexibility to design a YBS program Section 614.4165(d)—YBS Advisory include nongovernmental organizations, within the rule’s minimum Committee as the commenter suggested. requirements. We believe it would be Another commenter believed that This section of the proposed rule inconsistent with our role as a safety § 614.4165(c)(3)(iii), which requires explains that each direct lender and soundness regulator to require direct lender associations to implement association could, at its option, establish specific types of credit enhancements. outreach programs, is inappropriate and and maintain an advisory committee Therefore, although we agree with the usurps board authority and comprised of young, beginning, and commenter that special credit treatment, accountability. The commenter further small farmers and ranchers. We special interest rates, and loan stated that the rule should not prescribe included this recommendation because participation programs are reasonable how board and management assess we believe a YBS advisory committee types of credit enhancements, it is up to customer needs and how they could help each association determine each direct lender association to communicate with the customers the credit and services needs of YBS determine if sound business practices through their marketing efforts. The farmers and ranchers in its territory. requirement in the proposed rule to Similarly, this committee could serve as 12 On February 10, 2004, the FCA board adopted implement outreach programs is similar a final rule that revised the borrower rights the association’s conduit to the YBS to current FCA policy on System YBS regulations at Part 614, subpart N and redesignated community and other agricultural programs. The rule does not take any them to Part 617; see 69 FR 10901, March 9, 2004. interest groups and lending sources

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serving the needs of YBS farmers and accomplished. For instance, System YBS program, comprehensive and ranchers. banks may want to work with their detailed internal controls. These One commenter supported the affiliated associations in coordinating internal controls include establishing inclusion of this recommendation in the credit and service opportunities for the clear lines of responsibility for YBS final rule and suggested we make the YBS community in its district. Thus, we program implementation, YBS YBS advisory committee a requirement see a benefit in keeping the funding performance results, and YBS quarterly of each direct lender association’s YBS banks aware of the YBS programs being reporting. Regular and reliable reporting program rather than an option. The conducted by their affiliated to the board of directors helps an commenter also suggested that the associations to further ensure the association to assess the strengths and membership of the advisory committee accomplishment of the System’s YBS weaknesses of its YBS program. The be expanded to include university and mission. quarterly reporting requirement in the nongovernmental organization Contrary to the previous comment, final rule will provide the board of representatives that work with YBS another commenter commended FCA directors an opportunity to assess its farmers and ranchers. Although we for correctly reflecting the evolved association’s YBS program and consider certainly encourage each direct lender relationship between System banks and any necessary changes or adjustments to association to establish an advisory their affiliated direct lender associations its program components. Oversight and committee as a way of reaching out to by appropriately defining the bank’s control of an association’s YBS program the YBS community in its territory, we approval requirements of an will help ensure that the program is recognize that it may not be feasible or association’s YBS program. In narrowly managed effectively and will contribute cost-effective for every association to interpreting the ‘‘review and approval’’ to its overall success. We received no create and maintain such a committee. statutory language, the agency does comments on this section. Therefore, we Further, given the unique demographics indeed recognize the autonomy gained redesignate the section as § 614.4165(f) of each direct lender association’s by direct lender associations since the and adopt it as final. territory, we think it best to allow each addition of section 4.19 to the Act in association to determine the makeup of 1980. For all the foregoing reasons, we Section 620.5(n)—Contents of the its advisory committee membership redesignate this section as § 614.4165(d) Annual Report to Shareholders should it choose to create one. and adopt it as final. The rule requires each direct lender Therefore, we have not incorporated association to include in its annual Section 614.4165(f)—YBS Program and these suggestions into the final rule. report to shareholders a description of As we explained earlier, one the Operational and Strategic Business its YBS program, including a status commenter expressed concern that the Plan report on each program component, as use of suggestions and This section of the rule requires direct set forth in § 614.4165(c) of the recommendations in the YBS rule left lender associations to include their YBS proposed rule, as well as the definitions the System unclear as to what the rule quantitative targets and qualitative goals of ‘‘young,’’ ‘‘beginning,’’ and ‘‘small’’ actually requires. Because the formation in their operational and strategic farmers and ranchers. The rule also of an advisory committee is a type of business plans. One commenter requires that the YBS discussion outreach activity, we have moved the supported this section while another provide other information necessary for suggestion of an advisory committee to commenter suggested that this section a comprehensive understanding of the § 614.4165(c)(3)(iii) of the final rule and be deleted from the final rule. This latter direct lender association’s YBS program deleted § 614.4165(d). We believe this commenter expressed concern that this and its results. In addition, the rule change in the final rule will make it section imposes additional requires each Farm Credit bank to clearer that the formation of a YBS administrative and reporting burdens on include in its annual report to advisory committee is a suggested rather System institutions while providing no shareholders a summary report of just than required component of a YBS greater flexibility to serve YBS farmers the quantitative YBS data from its program. and ranchers. We do not find the affiliated direct lender associations as commenter’s concerns convincing. This described in FCA’s instructions for the Section 614.4165(e)—Review and provision is intended to help annual YBS year-end report. The rule Approval of YBS Programs associations define the steps by which also requires each Farm Credit bank’s This section implements section they will accomplish their mission to annual report to include the definitions 4.19(a) of the Act, which requires each serve YBS borrowers and build on their of ‘‘young,’’ ‘‘beginning,’’ and ‘‘small’’ direct lender association’s YBS program commitment to meeting their YBS farmers and ranchers, as well as any to be subject to the ‘‘review and targets and goals. We do not believe it other information that may be necessary approval’’ of its funding bank. One is overly burdensome to include the for an ample understanding of the YBS commenter noted that there is no benefit YBS targets and goals, which mission results of the affiliated direct to involving the funding banks in associations must already develop, in lender associations in its district. monitoring or approving the YBS their operational and strategic business Many commenters supported the programs of its affiliated direct lender plans. Moreover, most associations that requirement to include in the annual associations. We note that the ‘‘review have been adopting effective business reports of each direct lender association and approval’’ language is statutory and plans under § 618.8440 of FCA and System bank a discussion of YBS reflects congressional intent to involve regulations have already been including program and performance results. A few the System banks, to some extent, in the their YBS program projections in such commenters suggested that we require YBS programs of their affiliated direct plans. For all the foregoing reasons, we each direct lender association to report lender associations. The agency has no redesignate this section as § 614.4165(e) YBS program activity on an individual authority to simply disregard this and adopt it as final. institution basis. Other commenters congressional directive. Clearly, the suggested that the annual reports be System banks and associations have a Section 614.4165(g)—YBS Program made available to the public, either on common goal in ensuring that the Internal Controls the banks and associations Web sites special direction from Congress with The rule requires that each direct and/or on FCA’s Web site. The rule regard to YBS farmers and ranchers is lender association include, as part of its already requires each direct lender

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association to report on its YBS program including a status report on each each direct lender association’s YBS activity in its annual report to program component set forth in program and related performance results shareholders and in the YBS year-end § 614.4165(c). Establishing qualitative as well as the System’s overall YBS report to the FCA. We also note that goals is a required component of an performance and achievements. many System institutions currently association’s YBS program, which Finally, several commenters stated make their annual reports available to includes credit enhancement programs. that FCA should disclose consolidated the public on their Web sites. The Thus, we believe the rule already YBS data for each district rather than System’s YBS year-end reports, listed by requires associations to describe its require System banks to do so in their individual associations, are also credit enhancement program goals in its annual reports to shareholders. The available on the agency’s Web site. annual report. However, the question of whether FCA One commenter indicated that it was commenters assert that there is no basis should require annual reports to be unclear in the rule whether associations in the Act for such a reporting posted on System institution Web sites will be required to include in their requirement and that requiring the is an issue for consideration beyond the annual reports their YBS performance banks to include in their annual reports scope of this rulemaking and one that with regards to related services offered to shareholders YBS information will be considered if the agency should to their YBS borrowers. The rule clearly gathered from their affiliated decide to revise its disclosure requires associations to report on their associations imposes an unnecessary regulations at some future time. Finally, related services offered under their YBS burden in light of the fact that the the public may request a copy of any programs. Specifically, § 620.5(n)(2) of associations are the shareholders of System institution’s annual report from the rule requires a status report on each their respective funding banks. either the individual institution or the program component as set forth in The FCA disagrees that there is no FCA. § 614.4165(c). The offering of related basis in the Act for this requirement. As Several commenters opposed the services is a program component under previously noted, section 4.19(b) of the requirement to include YBS information § 614.4165(c)(3)(i) of the rule. Thus, Act requires System banks to provide in System institutions’ annual reports to associations must include in their FCA with a report summarizing the YBS shareholders, recommending that the annual reports to shareholders a status operations and achievements of its annual report requirements be deleted report of their efforts to offer related affiliated direct lender associations. altogether. These commenters advocated services under their YBS programs. Further, sections 5.17(8) and 5.19(b)(1) that the decision to include YBS In contrast to the previous comments, of the Act give the agency broad information in an annual report should which address the reporting and authority to establish reporting be left up to each institution’s board of disclosure of YBS information by directors. The commenters also System institutions, the following requirements for System institutions so suggested that FCA runs the risk of comments address FCA’s role in that all parties interested in the reducing innovation in System YBS reporting and disclosing YBS data. operations of the System, including program development as direct lender Several commenters stated that if the shareholders, investors, Congress, and associations focus more on meeting the proposed rule is made final without the public at large, can assess the agency’s reporting requirements than on major revisions to its public disclosure System’s performance and mission working with YBS customers. One requirements, FCA will have failed as a fulfillment as a GSE. Further, although commenter stated that the annual report Federal regulator by abrogating its the banks acquire their YBS information should not become a replacement mission to protect the public’s right to from their affiliated associations, it is document for business plans, or know about how the System is fulfilling still helpful for the associations to view, measurements for examination its YBS mission. The commenters at a glance, how the district as a whole purposes, but instead should remain a believe the FCA should compile the is performing its YBS mission. Thus, we vehicle to report the operating results of YBS information itself and release it to believe the inclusion of this YBS data in the institution. The agency is not the public. The FCA disagrees with the the annual reports of the banks would swayed by these comments to delete any commenters’ statement. be helpful to the associations. Moreover, of the proposed annual YBS reporting Under section 4.19(b) of the Act, it is we do not believe the consolidated YBS requirements. the System associations who must reporting requirements are burdensome Moreover, we continue to believe report on their YBS activities to the for the banks. The rule requires the reporting to shareholders and the public banks and, in turn, the banks must System banks to include in their annual on the YBS mission results will submit an annual report to FCA reports to shareholders a summary underscore the importance of the summarizing the YBS operations and report of just the YBS quantitative data System’s public purpose YBS mission achievements of their affiliated from their affiliated direct lender and will result in greater transparency associations. It is clearly the associations. This quantitative data to the public on the System’s responsibility of the System institutions must already be submitted to the agency accomplishment of this mission. rather than the FCA to report on their in each bank’s annual YBS yearend One commenter suggested the agency YBS operations and achievements. report. Thus, it is not significantly more However, in addition to System YBS require direct lender associations to burdensome for the banks to include yearend reports, the agency also include in their annual reports a this same data in their annual reports to description of special credit treatments, includes a summary of the System’s shareholders. Finally, the agency special interest rates, and loan YBS results in our annual performance believes it is first and foremost the participation programs available to YBS report (these reports are available on responsibility of each System borrowers. This commenter believes the FCA’s Web site). Finally, as noted institution, rather than the FCA, to proposed rule did not go far enough in earlier, the agency is taking steps to report information regarding its YBS encouraging the use of such credit disclose future System institutions’ YBS enhancements. compliance ratings to the public. The program results. The rule requires each direct lender agency believes these various YBS For all the foregoing reasons, we association to include in its annual reports are more than sufficient to give adopt proposed § 620.5(n) as final report a description of its YBS program, the public an ample understanding of without change.

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Section 630.20(p)—Contents of the (Government agencies), Reporting and harvesters of aquatic products (YBS Annual Report to Investors recordkeeping requirements, Rural farmers and ranchers or YBS). The terms The rule requires the funding banks to areas. ‘‘bona fide farmer or rancher,’’ and include a report on consolidated YBS I For the reasons stated in the preamble, ‘‘producer or harvester of aquatic lending data of their affiliated parts 614, 620, and 630, chapter VI, title products’’ are defined in § 613.3000 of associations in their Systemwide annual 12 of the Code of Federal Regulations are this chapter; report to investors and to include the amended as follows: (2) Each affiliated direct lender definitions of ‘‘young,’’ ‘‘beginning,’’ association to include in its YBS farmers and ‘‘small’’ farmers and ranchers. PART 614—LOAN POLICIES AND and ranchers program provisions Additionally, the rule requires that the OPERATIONS ensuring coordination with other report include any other information System institutions in the territory and I 1. The authority citation for part 614 other governmental and private sources that may be necessary for ample continues to read as follows: understanding of the System’s YBS of credit; (3) Each affiliated direct lender mission results. Authority: 42 U.S.C. 4012a, 4104a, 4104b, Several commenters raised concerns 4106, and 4128; secs. 1.3, 1.5, 1.6, 1.7, 1.9, association to provide, annually, a 1.10, 1.11, 2.0, 2.2, 2.3, 2.4, 2.10, 2.12, 2.13, about the System banks not having complete and accurate YBS farmers and 2.15, 3.0, 3.1, 3.3, 3.7, 3.8, 3.10, 3.20, 3.28, ranchers operations and achievements enough time to collect and analyze the 4.12, 4.12A, 4.13, 4.13B, 4.14, 4.14A, 4.14C, YBS data for inclusion in the report to report to its funding bank; and 4.14D, 4.14E, 4.18, 4.18A, 4.19, 4.25, 4.26, (4) The bank to provide the agency a investors. (This same concern was 4.27, 4.28, 4.36, 4.37, 5.9, 5.10, 5.17, 7.0, 7.2, complete and accurate annual report raised with respect to including YBS 7.6, 7.8, 7.12, 7.13, 8.0, 8.5 of the Farm Credit summarizing the YBS program data in the System banks’ and Act (12 U.S.C. 2011, 2013, 2014, 2015, 2017, operations and achievements of its associations’ annual reports to 2018, 2019, 2071, 2073, 2074, 2075, 2091, 2093, 2094, 2097, 2121, 2122, 2124, 2128, affiliated direct lender associations. shareholders.) These commenters raised (c) Direct lender association YBS this concern because of anticipated new 2129, 2131, 2141, 2149, 2183, 2184, 2199, 2201, 2202, 2202a, 2202c, 2202d, 2202e, programs. The board of directors of each and shorter timeframes for publishing 2206, 2206a, 2207, 2211, 2212, 2213, 2214, direct lender association must establish such reports in order to be more 2219a, 2219b, 2243, 2244, 2252, 2279a, a program to provide sound and responsive to the marketplace. The 2279a–2, 2279b, 2279c–1, 2279f, 2279f–1, constructive credit and services to YBS agency believes the impact of adding the 2279aa, 2279aa–5); sec. 413 of Pub. L. 100– farmers and ranchers in its territory. YBS data to the report to investors will 233, 101 Stat. 1568, 1639. Such a program must include the be insignificant compared to all the following minimum components: other data the banks must include in Subpart D—General Loan Policies for Banks and Associations (1) A mission statement describing this report. program objectives and specific means For all the foregoing reasons, we I for achieving such objectives. adopt proposed § 630.20(p) as final 2. Section 614.4165 is revised to read as follows: (2) Annual quantitative targets for without change. credit to YBS farmers and ranchers that VII. Regulatory Flexibility Act § 614.4165 Young, beginning, and small are based on an understanding of farmers and ranchers. reasonably reliable demographic data Pursuant to section 605(b) of the (a) Definitions. for the lending territory. Such targets Regulatory Flexibility Act (5 U.S.C. 601 (1) For purposes of this subpart, the may include: et seq.), the FCA hereby certifies that the term ‘‘credit’’ includes: (i) Loan volume and loan number rule will not have a significant (i) Loans made to farmers and goals for ‘‘young,’’ ‘‘beginning,’’ and economic impact on a substantial ranchers and producers or harvesters of ‘‘small’’ farmers and ranchers in the number of small entities. Each of the aquatic products under title I or II of the territory; banks in the System, considered Act; and (ii) Percentage goals representative of together with their affiliated (ii) Interests in participations made to the demographics for ‘‘young,’’ associations and service corporations, farmers and ranchers and producers or ‘‘beginning,’’ and ‘‘small’’ farmers and has assets and annual income in excess harvesters of aquatic products under ranchers in the territory; of the amounts that would qualify them title I or II of the Act. (iii) Percentage goals for loans made as small entities. Therefore, System (2) For purposes of this subpart, the to new borrowers qualifying as ‘‘young,’’ institutions are not ‘‘small entities’’ as term ‘‘services’’ includes: ‘‘beginning,’’ and ‘‘small’’ farmers and defined in the Regulatory Flexibility (i) Leases made to farmers and ranchers in the territory; or Act. ranchers and producers or harvesters of (iv) Goals for capital committed to List of Subjects aquatic products under title I or II of the loans made to ‘‘young,’’ ‘‘beginning,’’ Act; and and ‘‘small’’ farmers and ranchers in the 12 CFR Part 614 (ii) Related services to farmers and territory. Agriculture, Banks, banking, Flood ranchers and producers or harvesters of (3) Annual qualitative YBS goals that insurance, Foreign trade, Reporting and aquatic products under title I or II of the must include efforts to: recordkeeping requirements, Rural Act. (i) Offer related services either areas. (b) Farm Credit bank policies. Each directly or in coordination with others Farm Credit Bank and Agricultural that are responsive to the needs of the 12 CFR Part 620 Credit Bank must adopt written policies ‘‘young,’’ ‘‘beginning,’’ and ‘‘small’’ Accounting, Agriculture, Banks, that direct: farmers and ranchers in the territory; banking, Reporting and recordkeeping (1) The board of each affiliated direct (ii) Take full advantage of requirements, Rural areas. lender association to establish a opportunities for coordinating credit program to provide sound and and services offered with other System 12 CFR Part 630 constructive credit and services to institutions in the territory and other Accounting, Agriculture, Banks, young, beginning, and small farmers governmental and private sources of banking, Organization and functions and ranchers and producers or credit who offer credit and services to

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those who qualify as ‘‘young,’’ Subpart B—Annual Report to affiliated associations. The report must ‘‘beginning,’’ and ‘‘small’’ farmers and Shareholders include the definitions of ‘‘young,’’ ranchers; and ‘‘beginning,’’ and ‘‘small’’ farmers and I 4. Amend § 620.5 by adding a new (iii) Implement effective outreach ranchers. A narrative report may be paragraph (n) to read as follows: programs to attract YBS farmers and necessary for an ample understanding of ranchers, which may include the use of § 620.5 Contents of the annual report to the YBS mission results. advertising campaigns and educational shareholders. Dated: March 23, 2004. credit and services programs beneficial * * * * * Jeanette C. Brinkley, to ‘‘young,’’ ‘‘beginning,’’ and ‘‘small’’ (n) Credit and services to young, Secretary, Farm Credit Administration Board. farmers and ranchers in the territory, as beginning, and small farmers and [FR Doc. 04–6967 Filed 3–29–04; 8:45 am] well as an advisory committee ranchers and producers or harvesters of BILLING CODE 6705–01–P comprised of ‘‘young,’’ ‘‘beginning,’’ aquatic products. and ‘‘small’’ farmers and ranchers to (1) Each direct lender association provide views on how the credit and must describe the YBS demographics in DEPARTMENT OF TRANSPORTATION services of the direct lender association its territory and the source of the could best serve the credit and services demographic data. If there are Federal Aviation Administration needs of YBS farmers and ranchers. differences in the methods by which the (4) Methods to ensure that credit and demographic and YBS data are 14 CFR Part 39 presented, these differences must be services offered to YBS farmers and [Docket No. 2002–NM–300–AD; Amendment ranchers are provided in a safe and described. (2) Each direct lender association 39–13542; AD 2004–06–16] sound manner and within a direct must provide a description of its YBS RIN 2120–AA64 lender association’s risk-bearing program, including a status report on capacity. Such methods could include each program component as set forth in Airworthiness Directives; Dornier customized loan underwriting § 614.4165(c) of this chapter and the Model 328–100 Series Airplanes standards, loan guarantee programs, fee definitions of ‘‘young,’’ ‘‘beginning,’’ waiver programs, or other credit AGENCY: Federal Aviation and ‘‘small’’ farmers and ranchers. The enhancement programs. Administration, DOT. discussion must provide such other ACTION: (d) Review and approval of YBS information necessary for a Final rule. programs. The YBS program of each comprehensive understanding of the SUMMARY: This amendment adopts a direct lender association is subject to direct lender association’s YBS program new airworthiness directive (AD), the review and approval of its funding and its results. applicable to certain Dornier Model bank. However, the funding bank’s (3) Each Farm Credit bank must 328–100 series airplanes, that requires review and approval is limited to a include a summary report of the repetitive inspections of certain support determination that the YBS program quantitative YBS data from its affiliated arms of the ground spoiler assemblies contains all required components as set direct lender associations as described for cracking, and replacement of any forth in paragraph (c) of this section. in FCA’s instructions for the annual ground spoiler assembly having Any conclusion by the bank that a YBS YBS yearend report. The report must cracking with a new ground spoiler program is incomplete must be include the definitions of ‘‘young,’’ assembly. This amendment would also communicated to the direct lender ‘‘beginning,’’ and ‘‘small’’ farmers and require certain inspections for association in writing. ranchers. A narrative report may be discrepancies of the ground spoiler (e) YBS program and the operational necessary for an ample understanding of assemblies and the flap of each wing; and strategic business plan. Targets and the YBS mission results. and corrective actions if necessary. This goals outlined in paragraphs (c)(2) and PART 630—DISCLOSURE TO action is necessary to prevent failure of (c)(3) of this section must be included INVESTORS IN SYSTEMWIDE AND the support arms due to cracking, which in each direct lender association’s CONSOLIDATED BANK DEBT could result in loss of function and/or operational and strategic business plan OBLIGATIONS OF THE FARM CREDIT separation of the affected ground spoiler for at least the succeeding 3 years (as set SYSTEM assemblies from the airplane, and forth in § 618.8440 of this chapter). consequent reduced controllability of (f) YBS program internal controls. I 5. The authority citation for part 630 the airplane during landing or rejected Each direct lender association must continues to read as follows: take-off operations. This action is intended to address the identified have internal controls that establish Authority: Secs. 5.17, 5.19 of the Farm clear lines of responsibility for YBS Credit Act (12 U.S.C. 2252, 2254). unsafe condition. program implementation, YBS DATES: Effective May 4, 2004. performance results, and YBS quarterly Subpart B—Annual Report to Investors The incorporation by reference of reporting to the association’s board of certain publications listed in the directors. I 6. Amend § 630.20 by adding a new regulations is approved by the Director paragraph (p) to read as follows: of the Federal Register as of May 4, PART 620—DISCLOSURE TO § 630.20 Contents of the annual report to 2004. SHAREHOLDERS investors. ADDRESSES: The service information * * * * * referenced in this AD may be obtained I 3. The authority citation for part 620 (p) Credit and services to young, from AvCraft Aerospace GmbH, P.O. continues to read as follows: beginning, and small farmers and Box 1103, D–82230 Wessling, Germany. Authority: Secs. 5.17, 5.19, 8.11 of the ranchers and producers or harvesters of This information may be examined at Farm Credit Act (12 U.S.C. 2252, 2254, aquatic products. The Farm Credit the Federal Aviation Administration 2279aa–11); sec. 424 of Pub. L. 100–233, 101 banks must include a report on (FAA), Transport Airplane Directorate, Stat. 1568, 1656. consolidated YBS lending data of their Rules Docket, 1601 Lind Avenue, SW.,

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Renton, Washington; or at the Office of those actions in the future if this AD Applicability: Model 328–100 series the Federal Register, 800 North Capitol were not adopted. The cost impact airplanes, as listed in Dornier Service Street, NW., suite 700, Washington, DC. figures discussed in AD rulemaking Bulletin SB–328–57–435, Revision 1, dated actions represent only the time August 7, 2002; and Dornier Service Bulletin FOR FURTHER INFORMATION CONTACT: Dan SB–328–57–439, Revision 1, dated March 10, Rodina, Aerospace Engineer, necessary to perform the specific actions 2003; certificated in any category. International Branch, ANM–116, FAA, actually required by the AD. These Compliance: Required as indicated, unless Transport Airplane Directorate, 1601 figures typically do not include accomplished previously. Lind Avenue, SW., Renton, Washington incidental costs, such as the time To prevent failure of the support arms of 98055–4056; telephone (425) 227–2125; required to gain access and close up, the ground spoiler assemblies due to fax (425) 227–1149. planning time, or time necessitated by cracking, which could result in loss of function and/or separation of the affected SUPPLEMENTARY INFORMATION: other administrative actions. A ground spoiler assemblies from the airplane, proposal to amend part 39 of the Federal Regulatory Impact and consequent reduced controllability of the Aviation Regulations (14 CFR part 39) to airplane during landing or rejected take-off include an airworthiness directive (AD) The regulations adopted herein will operations, accomplish the following: that is applicable to certain Dornier not have a substantial direct effect on Model 328–100 series airplanes was the States, on the relationship between Visual, Contour, and Clearance Inspections of Ground Spoilers, and Corrective Actions published in the Federal Register on the national government and the States, January 27, 2004 (69 FR 3861). That or on the distribution of power and (a) Within 400 flight cycles after the action proposed to require repetitive responsibilities among the various effective date of this AD: Do the inspections for discrepancies of the ground spoiler inspections of certain support arms of levels of government. Therefore, it is assemblies and the wing flaps by doing all the ground spoiler assemblies for determined that this final rule does not the actions per the Accomplishment cracking, and replacement of any have federalism implications under Instructions of Dornier Service Bulletin SB– ground spoiler assembly having Executive Order 13132. 328–57–439, Revision 1, dated March 10, cracking with a new ground spoiler For the reasons discussed above, I 2003. Any applicable corrective action must assembly. That action also proposed to certify that this action (1) Is not a be done before further flight per the service require certain inspections for ‘‘significant regulatory action’’ under bulletin. discrepancies of the ground spoiler Executive Order 12866; (2) is not a Note 1: For the purposes of this AD, a assemblies and the flap of each wing; ‘‘significant rule’’ under DOT general visual inspection is defined as: ‘‘A and corrective actions if necessary. Regulatory Policies and Procedures (44 visual examination of an interior or exterior area, installation, or assembly to detect Comments FR 11034, February 26, 1979); and (3) obvious damage, failure, or irregularity. This will not have a significant economic Interested persons have been afforded level of inspection is made from within impact, positive or negative, on a touching distance unless otherwise specified. an opportunity to participate in the substantial number of small entities A mirror may be necessary to enhance visual making of this amendment. No under the criteria of the Regulatory access to all exposed surfaces in the comments were submitted in response Flexibility Act. A final evaluation has inspection area. This level of inspection is to the proposal or the FAA’s been prepared for this action and it is made under normally available lighting determination of the cost to the public. contained in the Rules Docket. A copy conditions such as daylight, hangar lighting, of it may be obtained from the Rules flashlight, or droplight and may require Conclusion removal or opening of access panels or doors. Docket at the location provided under The FAA has determined that air Stands, ladders, or platforms may be required the caption ADDRESSES. safety and the public interest require the to gain proximity to the area being checked.’’ adoption of the rule as proposed. List of Subjects in 14 CFR Part 39 Inspection of Ground Spoiler Support Arms Cost Impact Air transportation, Aircraft, Aviation (b) Within 4 weeks after the effective date We estimate that 53 airplanes of U.S. safety, Incorporation by reference, of this AD, or prior to the accumulation of registry will be affected by this AD. Safety. 4,000 total flight cycles, whichever is later: It will take approximately 2 work Do an eddy current inspection for cracking in Adoption of the Amendment the bottom edge of the flange for ground hours per airplane to accomplish the spoiler support arms No. 3 and No. 8, left and I general visual, contour, and clearance Accordingly, pursuant to the authority right sides of the airplane. Do the inspection inspections of the ground spoilers, at an delegated to me by the Administrator, by accomplishing all of the actions per the average labor rate of $65 per work hour. the Federal Aviation Administration Accomplishment Instructions of Dornier Based on these figures, the cost impact amends part 39 of the Federal Aviation Service Bulletin SB–328–57–435, Revision 1, of these inspections on U.S. operators is Regulations (14 CFR part 39) as follows: dated August 7, 2002. Repeat the inspection estimated to be $6,890, or $130 per thereafter at intervals not to exceed 1,000 airplane. PART 39—AIRWORTHINESS flight cycles. It will take approximately 4 work DIRECTIVES Corrective Action hours per airplane to accomplish the I 1. The authority citation for part 39 (c) If any cracking is found during any inspection of the support arms for the continues to read as follows: inspection required by paragraph (b) of this ground spoilers, at an average labor rate AD, before further flight, replace the affected of $65 per work hour. Based on these Authority: 49 U.S.C. 106(g), 40113, 44701. ground spoiler assembly with a new ground spoiler assembly per the applicable section(s) figures, the cost impact of this § 39.13 [Amended] inspection on U.S. operators is of chapters 27 or 57 of the Dornier Model estimated to be $13,780, or $260 per I 2. Section 39.13 is amended by adding 328–100 Airplane Maintenance Manual. airplane. the following new airworthiness Certain Recommendations in Service The cost impact figures discussed directive: Bulletins Not Required above are based on assumptions that no 2004–06–16 Fairchild Dornier GmbH (d) Dornier Service Bulletin SB–328–57– operator has yet accomplished any of (Formerly Dornier Luftfahrt GmbH): 435, Revision 1, dated August 7, 2002, states the requirements of this AD action, and Amendment 39–13542. Docket 2002– to contact Dornier if any crack is found in a that no operator would accomplish NM–300–AD. support arm for a ground spoiler, and to send

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the affected ground spoiler to Dornier, but inspections for damage of the horizontal AD, that it will take approximately 120 those actions are not required by this AD. and vertical stabilizer attachment work hours per airplane to accomplish Dornier Service Bulletin SB–328–57–439, fittings, and corrective action if the required actions, and that the Revision 1, dated March 10, 2003, necessary. This action is necessary to average labor rate is $65 per work hour. recommends that inspection results for cracking of support arms be sent to Dornier, detect and correct damage of the Based on these figures, the cost impact but that action is not required by this AD. horizontal and vertical stabilizer of the AD on U.S. operators is estimated attachment fittings, which could result to be $444,600, or $7,800 per airplane. Alternative Methods of Compliance in reduced structural integrity of the The cost impact figure discussed (e) In accordance with 14 CFR 39.19, the horizontal and vertical stabilizers and above is based on assumptions that no Manager, International Branch, ANM–116, consequent reduced controllability of operator has yet accomplished any of FAA, Transport Airplane Directorate, is the airplane. This action is intended to the requirements of this AD action, and authorized to approve alternative methods of that no operator would accomplish compliance for this AD. address the identified unsafe condition. DATES: Effective May 4, 2004. those actions in the future if this AD Incorporation by Reference The incorporation by reference of were not adopted. The cost impact (f) Unless otherwise specified in this AD, certain publications listed in the figures discussed in AD rulemaking the actions shall be done in accordance with regulations is approved by the Director actions represent only the time Dornier Service Bulletin SB–328–57–435, of the Federal Register as of May 4, necessary to perform the specific actions Revision 1, dated August 7, 2002; and 2004. actually required by the AD. These Dornier Service Bulletin SB–328–57–439, figures typically do not include Revision 1, dated March 10, 2003; as ADDRESSES: The service information incidental costs, such as the time applicable. This incorporation by reference referenced in this AD may be obtained required to gain access and close up, was approved by the Director of the Federal from British Aerospace Regional Register in accordance with 5 U.S.C. 552(a) planning time, or time necessitated by Aircraft American Support, 13850 other administrative actions. and 1 CFR part 51. Copies may be obtained Mclearen Road, Herndon, Virginia from AvCraft Aerospace GmbH, P.O. Box Regulatory Impact 1103, D–82230 Wessling, Germany. Copies 20171. This information may be may be inspected at the FAA, Transport examined at the Federal Aviation The regulations adopted herein will Airplane Directorate, 1601 Lind Avenue, Administration (FAA), Transport not have a substantial direct effect on SW., Renton, Washington; or at the Office of Airplane Directorate, Rules Docket, the States, on the relationship between the Federal Register, 800 North Capitol 1601 Lind Avenue, SW., Renton, the national Government and the States, Street, NW., suite 700, Washington, DC. Washington; or at the Office of the or on the distribution of power and Note 2: The subject of this AD is addressed Federal Register, 800 North Capitol responsibilities among the various in German airworthiness directives 2002– Street, NW., suite 700, Washington, DC. levels of government. Therefore, it is 258, dated September 5, 2002, and 2003–357, FOR FURTHER INFORMATION CONTACT: determined that this final rule does not dated November 11, 2003. Todd Thompson, Aerospace Engineer, have federalism implications under Effective Date International Branch, ANM–116, FAA, Executive Order 13132. Transport Airplane Directorate, 1601 For the reasons discussed above, I (g) This amendment becomes effective on Lind Avenue, SW., Renton, Washington certify that this action (1) is not a May 4, 2004. 98055–4056; telephone (425) 227–1175; ‘‘significant regulatory action’’ under Issued in Renton, Washington, on March fax (425) 227–1149. Executive Order 12866; (2) is not a 19, 2004. SUPPLEMENTARY INFORMATION: A ‘‘significant rule’’ under DOT Kevin M. Mullin, proposal to amend part 39 of the Federal Regulatory Policies and Procedures (44 Acting Manager, Transport Airplane Aviation Regulations (14 CFR part 39) to FR 11034, February 26, 1979); and (3) Directorate, Aircraft Certification Service. include an airworthiness directive (AD) will not have a significant economic [FR Doc. 04–6683 Filed 3–29–04; 8:45 am] that is applicable to all BAE Systems impact, positive or negative, on a substantial number of small entities BILLING CODE 4910–13–P (Operations) Limited (Jetstream) Model 4101 airplanes was published in the under the criteria of the Regulatory Flexibility Act. A final evaluation has Federal Register on November 18, 2003 been prepared for this action and it is DEPARTMENT OF TRANSPORTATION (68 FR 65006). That action proposed to contained in the Rules Docket. A copy require repetitive inspections for of it may be obtained from the Rules Federal Aviation Administration damage of the horizontal and vertical Docket at the location provided under stabilizer attachment fittings, and the caption ADDRESSES. 14 CFR Part 39 corrective action if necessary. List of Subjects in 14 CFR Part 39 [Docket No. 2002–NM–63–AD; Amendment Comments 39–13543; AD 2004–06–17] Air transportation, Aircraft, Aviation Interested persons have been afforded RIN 2120–AA64 safety, Incorporation by reference, an opportunity to participate in the Safety. Airworthiness Directives; BAE making of this amendment. No Systems (Operations) Limited comments were submitted in response Adoption of the Amendment (Jetstream) Model 4101 Airplanes to the proposal or the FAA’s I Accordingly, pursuant to the authority determination of the cost to the public. delegated to me by the Administrator, AGENCY: Federal Aviation the Federal Aviation Administration Administration, DOT. Conclusion amends part 39 of the Federal Aviation ACTION: Final rule. The FAA has determined that air safety and the public interest require the Regulations (14 CFR part 39) as follows: SUMMARY: This amendment adopts a adoption of the rule as proposed. PART 39—AIRWORTHINESS new airworthiness directive (AD), DIRECTIVES applicable to all BAE Systems Cost Impact (Operations) Limited (Jetstream) Model The FAA estimates that 57 airplanes I 1. The authority citation for part 39 4101 airplanes, that requires repetitive of U.S. registry will be affected by this continues to read as follows:

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Authority: 49 U.S.C. 106(g), 40113, 44701. and the service bulletin recommends applicable to certain Dassault Model contacting BAE Systems (Operations) Mystere-Falcon 50 series airplanes, that § 39.13 [Amended] Limited for appropriate action: Before further requires one-time detailed inspections I 2. Section 39.13 is amended by adding flight, repair per a method approved by the for structural discrepancies of various the following new airworthiness Manager, International Branch, ANM–116, FAA, Transport Airplane Directorate; or the fuselage attachments; and corrective directive: Civil Aviation Authority (or its delegated actions, if necessary, to restore the 2004–06–17 BAE Systems (Operations) agent). structure to the original design Limited (Formerly British Aerospace Note 2: The service bulletin refers to BAE specifications. This action is necessary Regional Aircraft): Amendment 39– Systems (Operations) Limited Service to prevent early fatigue, corrosion, or 13543. Docket 2002–NM–63–AD. Bulletin J41–55–002; Revision 1, dated July fretting, which could result in structural Applicability: All Model Jetstream 4101 25, 1996; as an additional source of service failure of major components of the airplanes, certificated in any category. information for accomplishing certain airplane and reduced structural integrity Compliance: Required as indicated, unless actions. of the airplane. This action is intended accomplished previously. To detect and correct damage of the Alternative Methods of Compliance to address the identified unsafe horizontal and vertical stabilizer attachment (e) In accordance with 14 CFR 39.19, the condition. fittings, which could result in reduced Manager, International Branch, ANM–116, is DATES: Effective May 4, 2004. structural integrity of the horizontal and authorized to approve alternative methods of The incorporation by reference of a vertical stabilizers and consequent reduced compliance for this AD. controllability of the airplane, accomplish certain publication listed in the Incorporation by Reference the following: regulations is approved by the Director (f) Unless otherwise specified in this AD, of the Federal Register as of May 4, Service Bulletin References the actions shall be done in accordance with 2004. (a) The following information pertains to BAE Systems (Operations) Limited Service the service bulletin referenced in this AD: Bulletin J41–55–012, dated October 24, 2002. ADDRESSES: The service information (1) The term ‘‘service bulletin’’ as used in This incorporation by reference was referenced in this AD may be obtained this AD means the Accomplishment approved by the Director of the Federal from Dassault Falcon Jet, PO Box 2000, Instructions of BAE Systems (Operations) Register in accordance with 5 U.S.C. 552(a) South Hackensack, New Jersey 07606. Limited Service Bulletin J41–55–012, dated and 1 CFR part 51. Copies may be obtained This information may be examined at October 24, 2002. from British Aerospace Regional Aircraft the Federal Aviation Administration (2) Although the service bulletin American Support, 13850 Mclearen Road, (FAA), Transport Airplane Directorate, Herndon, Virginia 20171. Copies may be referenced in this AD specifies to report all Rules Docket, 1601 Lind Avenue, SW., findings to the manufacturer by completing inspected at the FAA, Transport Airplane the Reporting Data Form on Figures 1, 2, 3, Directorate, 1601 Lind Avenue, SW., Renton, Renton, Washington; or at the Office of and 4 of the service bulletin, this AD does Washington; or at the Office of the Federal the Federal Register, 800 North Capitol not include such a requirement. Register, 800 North Capitol Street, NW., suite Street, NW., suite 700, Washington, DC. (3) Inspections and corrective actions 700, Washington, DC. FOR FURTHER INFORMATION CONTACT: Tom accomplished before the effective date of this Note 3: The subject of this AD is addressed Rodriguez, Aerospace Engineer, AD per BAE Systems (Operations) Limited in British airworthiness directive 005–10– International Branch, ANM–116, FAA, Service Bulletin J41–55–011, dated January 2002. 25, 2002, are acceptable for compliance with Transport Airplane Directorate, 1601 the corresponding action required by this Effective Date Lind Avenue, SW., Renton, Washington AD. (g) This amendment becomes effective on 98055–4056; telephone (425) 227–1137; fax (425) 227–1149. Repetitive Inspections May 4, 2004. SUPPLEMENTARY INFORMATION: A (b) Within 2 years after the effective date Issued in Renton, Washington, on March of this AD, perform a detailed inspection for 19, 2004. proposal to amend part 39 of the Federal damage of the horizontal and vertical Kevin M. Mullin, Aviation Regulations (14 CFR part 39) to stabilizer attachment fittings by doing all Acting Manager, Transport Airplane include an airworthiness directive (AD) actions in the service bulletin, per the service Directorate, Aircraft Certification Service. that is applicable to certain Dassault bulletin. Repeat the inspection at intervals [FR Doc. 04–6684 Filed 3–29–04; 8:45 am] Model Mystere-Falcon 50 series not to exceed 8 years. airplanes was published in the Federal BILLING CODE 4910–13–P Note 1: For the purposes of this AD, a Register on January 22, 2004 (69 FR detailed inspection is defined as: ‘‘An 3041). That action proposed to require intensive visual examination of a specific DEPARTMENT OF TRANSPORTATION one-time detailed inspections for structural area, system, installation, or structural discrepancies of various assembly to detect damage, failure, or Federal Aviation Administration fuselage attachments; and corrective irregularity. Available lighting is normally supplemented with a direct source of good actions, if necessary, to restore the lighting at intensity deemed appropriate by 14 CFR Part 39 structure to the original design the inspector. Inspection aids such as mirror, [Docket No. 2002–NM–232–AD; Amendment specifications. magnifying lenses, etc., may be used. Surface 39–13547; AD 2004–07–03] Comments cleaning and elaborate access procedures may be required.’’ RIN 2120–AA64 Interested persons have been afforded an opportunity to participate in the Repair Airworthiness Directives; Dassault making of this amendment. No (c) If any damage (cracks, corrosion, wear, Model Mystere-Falcon 50 Series comments were submitted in response fretting) is found during any inspection per Airplanes to the proposal or the FAA’s paragraph (b) of this AD: Do the applicable corrective action specified in the service AGENCY: Federal Aviation determination of the cost to the public. bulletin at the time specified in the service Administration, DOT. Conclusion bulletin per the service bulletin, except as ACTION: Final rule. required by paragraph (d) of this AD. The FAA has determined that air (d) If any damage is found that is outside SUMMARY: This amendment adopts a safety and the public interest require the the limits specified in the service bulletin, new airworthiness directive (AD), adoption of the rule as proposed.

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Cost Impact PART 39—AIRWORTHINESS authorized to approve alternative methods of compliance for this AD. The FAA estimates that 21 airplanes DIRECTIVES of U.S. registry will be affected by this I 1. The authority citation for part 39 Incorporation by Reference AD, and that it will take between 5 continues to read as follows: (e) The actions shall be done in accordance hours and 123 hours to accomplish each with Dassault Service Bulletin F50–332, inspection, depending on the operating Authority: 49 U.S.C. 106(g), 40113, 44701. dated March 13, 2002. This incorporation by point(s) that are inspected. The average § 39.13 [Amended] reference was approved by the Director of the labor rate is $65 per work hour. Based Federal Register in accordance with 5 U.S.C. I 2. Section 39.13 is amended by adding 552(a) and 1 CFR part 51. Copies may be on these figures, the cost impact of the the following new airworthiness obtained from Dassault Falcon Jet, P.O. Box AD on U.S. operators is estimated to be directive: 2000, South Hackensack, New Jersey 07606. between $325 and $7,995 per airplane. Copies may be inspected at the FAA, The cost impact figure discussed 2004–07–03 Dassault Aviation: Transport Airplane Directorate, 1601 Lind above is based on assumptions that no Amendment 39–13547. Docket 2002– Avenue, SW., Renton, Washington; or at the operator has yet accomplished any of NM–232–AD. Office of the Federal Register, 800 North the requirements of this AD action, and Applicability: Model Mystere-Falcon 50 Capitol Street, NW., suite 700, Washington, that no operator would accomplish series airplanes, having serial numbers (S/N) DC. 253 through 278 inclusive; certificated in any Note 2: The subject of this AD is addressed those actions in the future if this AD category. were not adopted. The cost impact in French airworthiness directive 2002–033– Compliance: Required as indicated, unless 039(B) R1, dated May 15, 2002. figures discussed in AD rulemaking accomplished previously. actions represent only the time To prevent early fatigue, corrosion, or Effective Date necessary to perform the specific actions fretting, which could result in structural failure of major components, and possible (f) This amendment becomes effective on actually required by the AD. These May 4, 2004. figures typically do not include reduced structural integrity of the airplane, incidental costs, such as the time accomplish the following: Issued in Renton, Washington, on March 19, 2004. required to gain access and close up, Inspections and Corrective Actions Kevin M. Mullin, planning time, or time necessitated by (a) Within 78 months after the effective other administrative actions. date of this AD, perform one-time detailed Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. Regulatory Impact inspection(s) for structural discrepancies of the fuselage attachments at all applicable [FR Doc. 04–6776 Filed 3–29–04; 8:45 am] The regulations adopted herein will operating points specified in paragraph 2.B. BILLING CODE 4910–13–P not have a substantial direct effect on of the Accomplishment Instructions of the States, on the relationship between Dassault Service Bulletin F50–332, dated the national Government and the States, March 13, 2002. Perform the inspections in DEPARTMENT OF TRANSPORTATION or on the distribution of power and accordance with the Accomplishment Instructions of the service bulletin. Federal Aviation Administration responsibilities among the various levels of government. Therefore, it is Note 1: For the purposes of this AD, a detailed inspection is defined as: ‘‘An 14 CFR Part 39 determined that this final rule does not intensive visual examination of a specific have federalism implications under structural area, system, installation, or [Docket No. 2004–NM–43–AD; Amendment Executive Order 13132. assembly to detect damage, failure, or 39–13546; AD 2004–07–02] For the reasons discussed above, I irregularity. Available lighting is normally RIN 2120–AA64 certify that this action (1) is not a supplemented with a direct source of good ‘‘significant regulatory action’’ under lighting at intensity deemed appropriate by Airworthiness Directives; Airbus Model Executive Order 12866; (2) is not a the inspector. Inspection aids such as mirror, A318, A319, A320, and A321 Series magnifying lenses, etc., may be used. Surface ‘‘significant rule’’ under DOT Airplanes Regulatory Policies and Procedures (44 cleaning and elaborate access procedures may be required.’’ FR 11034, February 26, 1979); and (3) AGENCY: Federal Aviation will not have a significant economic (b) If any structural discrepancy of the Administration, DOT. fuselage attachments (e.g., missing rivets, and impact, positive or negative, on a loose or un-reinforced rivets and screws) is ACTION: Final rule; request for substantial number of small entities found during the inspections required by comments. under the criteria of the Regulatory paragraph (a) of this AD: Prior to further Flexibility Act. A final evaluation has flight, accomplish all applicable corrective SUMMARY: This amendment adopts a been prepared for this action and it is actions (e.g., installing new shims, installing new airworthiness directive (AD) that is contained in the Rules Docket. A copy new reinforcement fittings, re-torquing or re- applicable to all Airbus Model A318, of it may be obtained from the Rules installing screws, and installing missing A319, A320, and A321 series airplanes. Docket at the location provided under rivets), as applicable, at the appropriate This action requires a one-time general operating point(s) of the fuselage, in the caption ADDRESSES. visual inspection to determine the part accordance with the Accomplishment number and serial number of both main List of Subjects in 14 CFR Part 39 Instructions of Dassault Service Bulletin landing gear (MLG) sliding tubes, and F50–332, dated March 13, 2002. Air transportation, Aircraft, Aviation related investigative and corrective safety, Incorporation by reference, No Reporting Requirements actions if necessary. This action is Safety. (c) Although the service bulletin specifies necessary to detect and correct cracking to submit a reporting card to the in a MLG sliding tube, which could Adoption of the Amendment manufacturer, this AD does not include such result in failure of the sliding tube, loss I Accordingly, pursuant to the authority a requirement. of one axle, and consequent reduced delegated to me by the Administrator, Alternative Methods of Compliance controllability of the airplane. This the Federal Aviation Administration (d) In accordance with 14 CFR 39.19, the action is intended to address the amends part 39 of the Federal Aviation Manager, International Branch, ANM–116, identified unsafe condition. Regulations (14 CFR part 39) as follows: FAA, Transport Airplane Directorate, is DATES: Effective April 14, 2004.

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The incorporation by reference of Explanation of Relevant Service repetitive detailed inspections for certain publications listed in the Information cracking of the MLG sliding tubes. The regulations is approved by the Director Airbus has issued All Operators Telex corrective actions include replacement of the Federal Register as of April 14, (AOT) 320–32A1273, dated February 5, of a cracked part with a new or 2004. 2004, which describes procedures for serviceable part. Installation of a Comments for inclusion in the Rules replacement part that does not have a S/ identifying the part number (P/N) and Docket must be received on or before N as listed in Airbus AOT A320– (S/N) of both MLG sliding tubes. The April 29, 2004. 32A1273 eliminates the need for the procedures for the P/N and S/N ADDRESSES: Submit comments in repetitive inspections for only that part. identification include visually The actions are required to be triplicate to the Federal Aviation inspecting (‘‘checking’’) and cleaning Administration (FAA), Transport accomplished in accordance with the the part number plate, and reporting the AOT described previously, except as Airplane Directorate, ANM–114, S/N to Airbus. For airplanes on which Attention: Rules Docket No. 2004–NM– discussed below under ‘‘Differences the S/N is included in the batch of Among the French Airworthiness 43–AD, 1601 Lind Avenue, SW., affected S/Ns listed in the AOT, the Renton, Washington 98055–4056. Directive, Service Information, and This procedures include: AD.’’ Comments may be inspected at this • Cleaning the visible part of the MLG location between 9 a.m. and 3 p.m., This AD also includes a reporting sliding tube and visually inspecting the requirement. When the unsafe condition Monday through Friday, except Federal part for surface cracking. holidays. Comments may be submitted • addressed by an AD is likely due to a Removing any MLG sliding tube manufacturer’s quality control (QC) via fax to (425) 227–1232. Comments with cracking from the airplane, may also be sent via the Internet using problem, a reporting requirement is reporting the cracking to Airbus, and instrumental in ensuring that we can the following address: 9-anm- sending the affected part to Messier- [email protected]. Comments sent gather as much information as possible Dowty. regarding the extent and nature of the via the Internet must contain ‘‘Docket • Repeating the inspection for No. 2004–NM–43-AD’’ in the subject QC problem or breakdown, especially in cracking at intervals not exceeding 10 cases where such data may not be line and need not be submitted in days, until a final fix is found. triplicate. Comments sent via fax or the available through other established The DGAC classified this AOT as means. This information is necessary to Internet as attached electronic files must mandatory and issued French be formatted in Microsoft Word 97 or ensure that proper corrective action will airworthiness directive F–2004–022, be taken. 2000 or ASCII text. dated February 18, 2004, to ensure the The service information referenced in continued airworthiness of these Differences Among the French this AD may be obtained from Airbus, airplanes in France. Airworthiness Directive, Service 1 Rond Point Maurice Bellonte, 31707 Information, and This AD Blagnac Cedex, France. This FAA’s Conclusions The applicability of the French information may be examined at the These airplane models are FAA, Transport Airplane Directorate, airworthiness directive does not include manufactured in France and are type Airbus Model A318 series airplanes, but 1601 Lind Avenue, SW., Renton, certificated for operation in the United Washington; or at the Office of the the effectivity of the AOT does include States under the provisions of section that model. The applicability of this AD Federal Register, 800 North Capitol 21.29 of the Federal Aviation Street, NW., suite 700, Washington, DC. includes the Airbus Model A318 series Regulations (14 CFR 21.29) and the airplanes to ensure that all airplanes FOR FURTHER INFORMATION CONTACT: Tim applicable bilateral airworthiness that might have an affected MLG sliding Dulin, Aerospace Engineer, agreement. Pursuant to this bilateral tube are inspected and any necessary International Branch, ANM–116, FAA, airworthiness agreement, the DGAC has corrective actions taken. Transport Airplane Directorate, 1601 kept the FAA informed of the situation Also, the applicability of the French Lind Avenue, SW., Renton, Washington described above. The FAA has airworthiness directive and the 98055–4056; telephone (425) 227–2141; examined the findings of the DGAC, effectivity of the AOT include P/Ns and fax (425) 227–1149. reviewed all available information, and the list of affected S/Ns for the MLG SUPPLEMENTARY INFORMATION: The determined that AD action is necessary sliding tubes. The applicability of this Direction Ge´ne´rale de l’Aviation Civile for products of this type design that are AD does not include any P/Ns or S/Ns. (DGAC), which is the airworthiness certificated for operation in the United We find that listing the P/Ns and S/Ns authority for France, notified the FAA States. in the applicability is not necessary that an unsafe condition may exist on Explanation of Requirements of Rule because paragraph (a) of this AD all Airbus Model A318, A319, A320, requires a general visual inspection to and A321 series airplanes. The DGAC Since an unsafe condition has been determine the P/N and S/N of both MLG advises that during a routine visual identified that is likely to exist or sliding tubes. inspection of a main landing gear (MLG) develop on other airplanes of the same The AOT specifies to send any sliding tube, a linear crack was found at type design registered in the United cracked part to Messier-Dowty. This AD the intersection of the cylinder and the States, this AD is being issued to detect does not include such a requirement. axle. Investigation revealed that the and correct cracking in a MLG sliding crack was caused by non-metallic tube, which could result in failure of the Clarification of Inspection Terminology inclusions in the base metal. A specific sliding tube, loss of one axle, and The Airbus AOT specifies to ‘‘visually batch of MLG sliding tubes that may consequent reduced controllability of check’’ the serial number displayed on have these inclusions has been the airplane. This AD requires a one- the MLG sliding tube. This AD requires identified. Such cracking, if not time general visual inspection to a general visual inspection, which is corrected, could result in failure of the determine the P/N and S/N of both MLG defined in Note 1 of this AD. For certain affected MLG sliding tube, loss of one sliding tubes, and related investigative airplanes, the AOT also specifies to axle, and consequent reduced and corrective actions if necessary. The ‘‘visually check’’ the MLG sliding tube controllability of the airplane. related investigative actions include for surface cracking. This AD requires a

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detailed visual inspection, which is • Include justification (e.g., reasons or PART 39—AIRWORTHINESS defined in Note 2 of this AD. data) for each request. DIRECTIVES Clarification of Corrective Action Comments are specifically invited on I 1. The authority citation for part 39 the overall regulatory, economic, continues to read as follows: The Airbus AOT specifies to remove environmental, and energy aspects of any cracked MLG sliding tube from the the rule that might suggest a need to Authority: 49 U.S.C. 106(g), 40113, 44701. airplane, but does not specify to replace modify the rule. All comments § 39.13 [Amended] the affected part with another part. This submitted will be available, both before I AD requires the replacement of any and after the closing date for comments, 2. Section 39.13 is amended by adding cracked part with a new or serviceable in the Rules Docket for examination by the following new airworthiness part. interested persons. A report that directive: Interim Action summarizes each FAA-public contact 2004–07–02 Airbus: Amendment 39–13546. concerned with the substance of this AD Docket 2004–NM–43–AD. We consider this AD to be interim will be filed in the Rules Docket. Applicability: All Model A318, A319, action. The manufacturer is currently A320, and A321 series airplanes, certificated Commenters wishing the FAA to developing a non-destructive inspection in any category. acknowledge receipt of their comments technique to detect non-metallic Compliance: Required as indicated, unless submitted in response to this rule must inclusions in the base metal of the MLG accomplished previously. submit a self-addressed, stamped To detect and correct cracking in a main sliding tube, which, along with any postcard on which the following landing gear (MLG) sliding tube, which could necessary corrective actions, will statement is made: ‘‘Comments to result in failure of the sliding tube, loss of address the unsafe condition identified Docket Number 2004–NM–43–AD.’’ The one axle, and consequent reduced in this AD. Once this inspection is controllability of the airplane, accomplish postcard will be date stamped and developed, approved, and available, we the following: returned to the commenter. may consider additional rulemaking. Part Number Identification, Detailed Regulatory Impact Determination of Rule’s Effective Date Inspection, and Corrective Action (a) Within 30 days after the effective date Since a situation exists that requires The regulations adopted herein will not have a substantial direct effect on of this AD: Do a one-time general visual the immediate adoption of this inspection to determine the part number (P/ regulation, it is found that notice and the States, on the relationship between N) and serial number (S/N) of both MLG opportunity for prior public comment the national Government and the States, sliding tubes, per Airbus All Operators Telex hereon are impracticable, and that good or on the distribution of power and (AOT) A320–32A1273, dated February 5, cause exists for making this amendment responsibilities among the various 2004. (1) If both the P/N and S/N of any MLG effective in less than 30 days. levels of government. Therefore, it is determined that this final rule does not sliding tube are not listed in the AOT: No Comments Invited have federalism implications under further action is required by this paragraph for that MLG sliding tube. Although this action is in the form of Executive Order 13132. (2) If both the P/N and S/N of any MLG a final rule that involves requirements The FAA has determined that this sliding tube are listed in the AOT: Before affecting flight safety and, thus, was not regulation is an emergency regulation further flight, do a detailed inspection of the preceded by notice and an opportunity that must be issued immediately to MLG sliding tube for cracking, per the AOT. for public comment, comments are correct an unsafe condition in aircraft, (i) If no cracking is found in any MLG and that it is not a ‘‘significant sliding tube: Repeat the detailed inspection invited on this rule. Interested persons thereafter at intervals not to exceed 10 days. are invited to comment on this rule by regulatory action’’ under Executive (ii) If any cracking is found in any MLG submitting such written data, views, or Order 12866. It has been determined sliding tube: Before further flight, replace the arguments as they may desire. further that this action involves an part with a new or serviceable part per a Communications shall identify the emergency regulation under DOT method approved by either the FAA or the Rules Docket number and be submitted Regulatory Policies and Procedures (44 Direction Ge´ne´rale de l’Aviation Civile (or its in triplicate to the address specified FR 11034, February 26, 1979). If it is delegated agent). Chapter 32 of the Airbus A318/A319/A320/A321 Aircraft Maintenance under the caption ADDRESSES. All determined that this emergency regulation otherwise would be Manual is one approved method. Installation communications received on or before of a MLG sliding tube that does not have both the closing date for comments will be significant under DOT Regulatory a P/N and a S/N listed in Airbus AOT A320– considered, and this rule may be Policies and Procedures, a final 32A1273, dated February 5, 2004, is amended in light of the comments regulatory evaluation will be prepared terminating action for the repetitive received. Factual information that and placed in the Rules Docket. A copy inspections required by paragraph (a)(2)(i) of supports the commenter’s ideas and of it, if filed, may be obtained from the this AD for that MLG sliding tube only. suggestions is extremely helpful in Rules Docket at the location provided Note 1: For the purposes of this AD, a evaluating the effectiveness of the AD under the caption ADDRESSES. general visual inspection is defined as: ‘‘A visual examination of an interior or exterior action and determining whether List of Subjects in 14 CFR Part 39 additional rulemaking action would be area, installation, or assembly to detect obvious damage, failure, or irregularity. This needed. Air transportation, Aircraft, Aviation level of inspection is made from within Submit comments using the following safety, Incorporation by reference, touching distance unless otherwise specified. format: Safety. A mirror may be necessary to enhance visual • Organize comments issue-by-issue. Adoption of the Amendment access to all exposed surfaces in the For example, discuss a request to inspection area. This level of inspection is change the compliance time and a I Accordingly, pursuant to the authority made under normally available lighting conditions such as daylight, hangar lighting, request to change the service bulletin delegated to me by the Administrator, flashlight, or droplight and may require reference as two separate issues. the Federal Aviation Administration removal or opening of access panels or doors. • For each issue, state what specific amends part 39 of the Federal Aviation Stands, ladders, or platforms may be required change to the AD is being requested. Regulations (14 CFR part 39) as follows: to gain proximity to the area being checked.’’

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Note 2: For the purposes of this AD, a Washington; or at the Office of the Federal SUPPLEMENTARY INFORMATION: detailed inspection is defined as: ‘‘An Register, 800 North Capitol Street, NW., suite intensive visual examination of a specific 700, Washington, DC. Background structural area, system, installation, or Note 3: The subject of this AD is addressed The Export Administration assembly to detect damage, failure, or in French airworthiness directive F–2004– Regulations (EAR) regulate exports from irregularity. Available lighting is normally 022, dated February 18, 2004. supplemented with a direct source of good the United States and reexports of U.S. lighting at intensity deemed appropriate by (g) This amendment becomes effective on origin items for a variety of reasons the inspector. Inspection aids such as mirror, April 14, 2004. including ‘‘National Security.’’ NS magnifying lenses, etc., may be used. Surface Issued in Renton, Washington, on March controls are generally imposed to cleaning and elaborate access procedures 19, 2004. implement decisions of the Wassenaar may be required.’’ Kevin M. Mullin, Arrangement, a multilateral export Submission of Cracked Parts Not Required Acting Manager, Transport Airplane control agreement. This rule amends the Directorate, Aircraft Certification Service. (b) The AOT specifies to send any cracked EAR to conform the CCL to section part to Messier-Dowty. This AD does not [FR Doc. 04–6775 Filed 3–29–04; 8:45 am] 5(c)(6)(A) of the Act, which provides include such a requirement. BILLING CODE 4910–13–P that unilateral NS controls—i.e., those NS controls imposed only by the United Reporting Requirement States, instead of in furtherance of (c) Submit a report of any positive findings DEPARTMENT OF COMMERCE international agreements, expire six of cracking found during any detailed months after enactment of the Act or of inspection required by paragraph (a)(2)(i) of the control, whichever is later. this AD to Airbus Customer Services, Bureau of Industry and Security Engineering and Technical Support, The Act provides authority to renew Attention: M.Y. Quimiou, SEE33, fax +33+ 15 CFR Parts 742 and 774 unilateral NS controls for successive six (0) 5.6193.32.73, at the applicable time month periods if the Secretary of specified in paragraph (c)(1) or (c)(2) of this [Docket No. 031201299–3299–01] Commerce determines, under section AD. The report must include the MLG P/N RIN 0694–AC54 5(f) or (h)(6) of the Act, that there is no and S/N, date of inspection, a description of foreign availability of the items at issue. any cracking found, the airplane serial Removal of ‘‘National Security’’ The Act provides alternative authority number, and the number of flight cycles on the MLG at the time of inspection. Under the Controls From, and Imposition of to renew a control for two six-month provisions of the Paperwork Reduction Act of ‘‘Regional Stability’’ Controls on, periods if the President is actively 1980 (44 U.S.C. 3501 et seq.), the Office of Certain Items on the Commerce pursuing negotiations to end such Management and Budget (OMB) has Control List foreign availability. No such approved the information collection determinations have been made and no requirements contained in this AD and has AGENCY: Bureau of Industry and such negotiations are being undertaken assigned OMB Control Number 2120–0056. Security, Commerce. with respect to the items in the affected (1) If the inspection is done after the ACTION: Final rule. ECCNs. effective date of this AD: Submit the report Although the Act expired on August within 30 days after the inspection. SUMMARY: This rule amends the 20, 2001, Executive Order 13222 of (2) If the inspection was done prior to the Commerce Control List (CCL) to remove August 17, 2001 (3 CFR, 2001 Comp., p. effective date of this AD: Submit the report ‘‘National Security’’ (NS) controls from, within 30 days after the effective date of this 783), as extended by the Notice of and to impose ‘‘Regional Stability’’ (RS) AD. August 7, 2003 (68 FR 47833, August controls on, certain items in order to 11, 2003), continues the Regulations in Parts Installation conform with section 5(c)(6)(A) of the effect under the International (d) As of the effective date of this AD, no Export Administration Act (Act), which Emergency Economic Powers Act. The person may install a MLG sliding tube having limits the duration of U.S. unilaterally Bureau of Industry and Security (BIS) both a P/N and S/N specified in Airbus AOT imposed NS controls. Although the Act continues to carry out the provisions of A320–32A1273, dated February 5, 2004, on has expired, the Bureau of Industry and the Act, as appropriate and to the extent any airplane, unless the part has been Security continues to carry out the inspected, and any applicable correction permitted by law, pursuant to Executive provisions of the Act, as appropriate accomplished, per paragraph (a) of this AD. Order 13222. and to the extent permitted by law, This rule amends the CCL to remove Alternative Methods of Compliance pursuant to Executive Order 13222 and NS as a reason for control with respect (e) In accordance with 14 CFR 39.19, the the International Emergency Economic to those items which the Wassenaar Manager, International Branch, ANM–116, Powers Act. This rule also revises two Arrangement has removed from its Transport Airplane Directorate, FAA, is references to the ‘‘International authorized to approve alternative methods of control lists. However, BIS has decided Munitions List’’ to read ‘‘Wassenaar compliance for this AD. to continue to control the export and Munitions List’’ to reflect the correct reexport of these items pursuant to Incorporation by Reference current title of that document and foreign policy-based ‘‘Regional (f) Unless otherwise specified in this AD, amends the language controlling muzzle Stability’’ (RS) controls because these the actions shall be done in accordance with loading (black powder) firearms to items have the potential to contribute to Airbus All Operators Telex A320–32A1273, conform with the corresponding military capabilities in a manner that dated February 5, 2004. (The manufacturer, language on the Wassenaar Munitions could alter regional military balances date, and document number of the All List. Operators Telex only appear on page 1 of the contrary to the foreign policy interests document.) This incorporation by reference DATES: This rule is effective March 30, of the United States. The affected items was approved by the Director of the Federal 2004. are as follows: Register in accordance with 5 U.S.C. 552(a) FOR FURTHER INFORMATION CONTACT: • Power controlled searchlights and and 1 CFR part 51. Copies may be obtained from Airbus, 1 Rond Point Maurice Bellonte, William Arvin, Regulatory Policy control units thereof, designed for 31707 Blagnac Cedex, France. Copies may be Division, Office of Exporter Services, military use, and equipment mounting inspected at the FAA, Transport Airplane Bureau of Export Administration, such units; and specially designed parts Directorate, 1601 Lind Avenue, SW., Renton, Telephone: (202) 482–0436. and accessories thereof;

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• Bayonets, and the technology for and 8A018. Two references to the hour estimate of 58 minutes for a the development, production or use of ‘‘Office of Defense Trade Controls’’ are manual or electronic submission. Send bayonets; and revised to read ‘‘Directorate of Defense comments regarding these burden • Marine boilers designed to have any Trade Controls’’ to reflect the current estimates or any other aspect of these of the following characteristics: heat name of that organization. collections of information, including release rate (at maximum rating) equal New ECCN 0A918 is created to suggestions for reducing the burden, to to or in excess of 190,000 BTU per hour control power controlled searchlights, OMB Desk Officer, New Executive per cubic foot of furnace volume; or related items and bayonets, as described Office Building, Washington, DC 20503; ratio of steam generated in pounds per above, to ensure consistency with the and to the Office of Administration, hour (at maximum rating) to the dry structure of the CCL described in Bureau of Industry and Security, weight of the boiler in pounds equal to section 738.2 of the EAR, i.e., a ‘‘0’’ in Department of Commerce, 14th Street or in excess of 0.83. the third place of an ECCN signifies a and Pennsylvania Avenue, NW., Room This rule also amends the language national security reason for control; a 6883, Washington, DC 20230. controlling one item (muzzle loading ‘‘9’’ in the third place of an ECCN 3. This rule does not contain policies (black powder) firearms) to conform signifies control for regional stability or with Federalism implications as that with the corresponding language on the other foreign policy reasons. term is defined in Executive Order Munitions List promulgated by the ECCN 0A988 is modified by replacing 13132. Wassenaar Arrangement. The item is ‘‘0A018.f.1’’ with ‘‘0A018.d.1’’ in the 4. The provisions of the controlled by the United States as a heading and in the ‘‘Controls’’ Administrative Procedure Act (5 U.S.C. result of its inclusion on the Wassenaar paragraph of the ‘‘Reason for Control’’ 553) requiring notice of proposed Munitions List for NS reasons. section to match the paragraph rulemaking, the opportunity for public This rule also revises two references redesignation in ECCN 0A018 noted participation, and a delay in effective to the ‘‘International Munitions List’’ to above. date, are inapplicable because this read ‘‘Wassenaar Munitions List’’ to ECCN 0E018 is modified by changing regulation involves a military and reflect the correct current title of that the phrase ‘‘ECCN 0A018.b through foreign affairs function of the United document. 0A018.e’’ in its heading to ‘‘ECCN States (5 U.S.C. 553(a)(1)). Further, no This rule implements these changes 0A018.a through ECCN 0A018.c’’ to other law requires that a notice of by modifying four existing Export match the paragraph redesignation of proposed rulemaking and an Control Classification Numbers (ECCNs) 0A018 noted above. opportunity for public comment be (0A018, 0A988, 0E018 and 8A018), and A new ECCN 0E918 is created to given for this final rule. Because a creating three new ECCNs (0A918, control technology for the development, notice of proposed rulemaking and an 0E918 and 8A918). It also amends the production or use of bayonets for RS opportunity for public comment are not RS license requirements in section 742 reasons. Prior to publication of this rule, required to be given for this rule under of the EAR to include the three newly technology for the development, 5 U.S.C. 553 or by any other law, the created ECCNs. production, or use of bayonets was analytical requirements of the The RS controls imposed by this rule controlled for NS reasons under ECCN Regulatory Flexibility Act (5 U.S.C. 601 are new foreign policy controls. As 0E018, which controls technology et seq.) are not applicable. Therefore, required by the Act, a report on the related to commodities that are this regulation is issued in final form. imposition of these controls was controlled for NS reasons in ECCN Although there is no formal comment delivered to Congress on March 11, 0A018. This new ECCN conforms the period, public comments on this 2004. This rule makes the following reason for control for technology related regulation are welcome on a continuing specific changes to the EAR. to bayonets to the reason for control for In § 742.6(a)(2), three newly created basis. Comments should be submitted to the bayonets themselves. William H. Arvin, Regulatory Policy ECCNs (0A918, 0E918, and 8A918) are The marine boilers described in Division, Bureau of Export added to the list of ECCNs for which paragraph b.4 of ECCN 8A018 are Administration, U.S. Department of Regional Stability controls apply. removed from that ECCN and listed in Commerce, Room 2705, 14th Street and In supplement No. 1 to part 774 (The a newly created ECCN 8A918, which Pennsylvania Avenue, NW., Commerce Control List), this rule makes lists RS as the reason for control. the following changes. Washington, DC 20230. Rulemaking Requirements In ECCN 0A018, power controlled List of Subjects in 15 CFR Part 742 and searchlights and related items, in 1. This rule has been determined to be Part 774 paragraph .a, and bayonets, in paragraph not significant for purposes of Executive .d, are moved to a newly created ECCN Order 12866. Exports, Foreign trade. 0A918, which lists RS as its reason for 2. Notwithstanding any other I Accordingly, the Export control. Paragraphs 0A018 .b and .c are provision of law, no person is required Administration Regulations (15 CFR redesignated .a and .b, respectively. to respond to, nor shall any person be Parts 730 through 799) are amended as Paragraphs .e and .f are redesignated .c subject to a penalty for failure to comply follows: and .d, respectively. The new paragraph with a collection of information, subject .c (formerly .e) covering muzzle loading to the requirements of the Paperwork PART 742—[AMENDED] firearms is rewritten to conform to the Reduction Act of 1995 (44 U.S.C. 3501 I 1. The authority citation for part 742 is corresponding language in the et seq.) (PRA), unless that collection of revised to read as follows: Wassenaar Munitions List, Category information displays a currently valid ML1.a. A cross reference to ECCN Office of Management and Budget Authority: 50 U.S.C. app. 2401 et seq.; 50 0A984 is added to paragraph .c to alert (OMB) Control Number. This rule U.S.C. 1701 et seq.; 18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec. readers to the fact that certain shotguns involves a collection of information 901–911, Pub. L. 106–387; Sec. 221, Pub. L. are controlled by that entry. The phrase subject to the PRA. This collection has 107–56; E.O. 12058, 43 FR 20947, 3 CFR, ‘‘International Munitions List’’ is been approved by OMB under control 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, replaced with ‘‘Wassenaar Munitions number 0694–0088, ‘‘Multi-Purpose 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 List’’ in the heading of ECCNs 0A018 Application,’’ which carries a burden FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.

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13026, 61 FR 58767, 3 CFR, 1996 Comp., p. Related Controls: *** Items: 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Related Definitions: *** a. Power controlled searchlights and Comp., p. 783; Notice of August 7, 2003, 68 Items: control units therefor, designed for military FR 47833, August 11, 2003; Notice of October a. Construction equipment built to military use, and equipment mounting such units; 29, 2003, 68 FR 62209, October 31, 2003. specifications, specially designed for and specially designed parts and accessories airborne transport; and specially designed therefor; I 2. In § 742.6, paragraph (a)(2) is revised parts and accessories therefor; b. Bayonets. to read as follows: b. Specially designed components and parts for ammunition, except cartridge cases, I 6. In supplement No. 1 to Part 774, § 742.6 Regional stability. powder bags, bullets, jackets, cores, shells, Category 0, Nuclear Materials, Facilities, (a) * * * projectiles, boosters, fuses and components, and Equipment (and Miscellaneous (1) * * * primers, and other detonating devices and Items), Export Control Classification (2) As indicated in the CCL and in RS ammunition belting and linking machines Number 0A988, the Heading and the Column 2 of the Country Chart (see (all of which are subject to the export licensing authority of the U.S. Department of Reason for Control paragraph of the Supplement No. 1 to part 738 of the License Requirements section is revised EAR), a license is required to any State, Directorate of Defense Trade Controls). (See 22 CFR parts 120 through 130); to read as follows: destination except countries in Country c. Muzzle loading (black powder) firearms Group A:1 (see Supplement No. 1 to 0A988 Conventional Military Steel Helmets with a caliber less than 20 mm that were as Described by 0A018.d.1; and Machetes part 740 of the EAR), the Czech manufactured later than 1937 and that are Republic, Hungary, Iceland, New not reproductions of firearms manufactured License Requirements Zealand and Poland for items described earlier than 1890; Reason for Control: UN. on the CCL under ECCNs 0A918, 0E918, Note: 0A018.c does not control weapons Control(s): 2A983, 2D983, 2E983, 8A918, and for used for hunting or sporting purposes that UN applies to entire entry. A license is military vehicles and certain were not specially designed for military use required for conventional military steel commodities (specially designed) used and are not of the fully automatic type, but helmets as described by 0A018.d.1 to to manufacture military equipment, see ECCN 0984 concerning shotguns. Rwanda. A license is required for machetes described on the CCL in ECCNs d. Military helmets, except: to Rwanda. The Commerce Country Chart is 0A018.c, 1B018.a, 2B018, and 9A018.a d.1. Conventional steel helmets other than not designed to determine licensing requirements for this entry. See part 746 of and .b. those described by 0A018.d.2 of this entry. d.2. Helmets, made of any material, the EAR for additional information. * * * * * equipped with communications hardware, Note: Exports from the U.S. and optional sights, slewing devices or transhipments to Iran must be licensed by the PART 774—[AMENDED] mechanisms to protect against thermal flash Department of Treasury, Office of Foreign or lasers. Assets Control. (See § 746.7 of the EAR for I 3. The authority citation for part 774 Note: Helmets described in 0A018.d.1 are additional information on this requirement.) continues to read as follows: controlled by 0A988. Helmets described in * * * * * Authority: 50 U.S.C. app. 2401 et seq.; 50 0A018.d.2 are controlled by the U.S. U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. Department of State, Directorate of Defense I 7. In supplement No. 1 to part 774, 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. Trade Controls (See 22 CFR part 121, Category 0, Nuclear Materials, Facilities, 287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; Category X). and Equipment (and Miscellaneous 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 Items), Export Control Classification I 5. In supplement No. 1 to part 774, U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. Number 0E018, the heading is revised to Category 0, Nuclear Materials, Facilities, 466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. read as follows: 106–387; Sec. 221, Pub. L. 107–56; E.O. and Equipment (and Miscellaneous 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. Items), a new export control 0E018 ‘‘Technology’’ for the 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 classification number 0A918 is added ‘‘Development’’, ‘‘Production’’, or ‘‘Use’’ of Comp., p. 783; Notice of August 7, 2003, 68 immediately following ECCN 0A018 and Items Controlled by 0A018.a Through FR 47833, August 11, 2003. immediately preceding ECCN 0A978 to 0A018.c * * * * * I 4. In Supplement No. 1 to part 774, read as follows: I Category 0, Nuclear Materials, Facilities, 0A918 Miscellaneous Military Equipment 8. In supplement No. 1 to part 774, and Equipment (and Miscellaneous Not on the Wassenaar Munitions List Nuclear Materials, Facilities, and Equipment (and Miscellaneous Items), a Items), Export Control Classification License Requirements Number 0A018, the heading, the License new Export Control Classification Exceptions section, and the Unit and Reason for Control: RS, AT, UN. Number 0E918 is added immediately following ECCN 0E018 and immediately Items paragraphs in the List of Items Controls Country chart Controlled section is revised to read as preceding ECCN 0E982 as follows: follows: RS applies to entire entry ..... RS Column 2. 0E918 ‘‘Technology’’ for the 0A018 Items on the Wassenaar Munitions AT applies to entire entry ...... At Column 1. ‘‘Development’’, ‘‘Production’’, or ‘‘Use’’ of List UN applies to entire entry ..... Rwanda. Bayonets * * * * * License Requirements License Exceptions Reason for Control: RS, UN, AT. License Exceptions LVS: $5000 for 0A918.a LVS: $5000 for 0A018.a $1500 for 0A918.b Control(s) Country chart $3000 for 0A018.b $0 for Rwanda $1500 for 0A018.c and .d GBS: N/A RS applies to entire entry ..... RS Column 2. $0 for Rwanda CIV: N/A UN applies to entire entry ..... Rwanda. GBS: N/A List of Items Controlled AT applies to entire entry ...... AT Column. CIV: N/A Unit: 0A918.a in $ value; 0A918.b in List of Items Controlled number. License Exceptions Unit: 0A018.a, and .b in $ value; 0A018.c Related Controls: N/A CIV: N/A and .d in number. Related Definitions: N/A TSR: N/A

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List of Items Controlled a. Marine boilers designed to have any of I Therefore, under the Federal Food, Unit: N/A the following characteristics: Drug, and Cosmetic Act and under Related Controls: N/A a.1. Heat release rate (at maximum rating) authority delegated to the Commissioner Related Definitions: N/A equal to or in excess of 190,000 BTU per hour of Food and Drugs, 21 CFR parts 101 and per cubic foot of furnace volume; or Items: 177 are amended as follows: The list of items controlled is contained in a.2. Ratio of steam generated in pounds per the ECCN heading. hour (at maximum rating) to the dry weight PART 101—FOOD LABELING of the boiler in pounds equal to or in excess I 9. In supplement 1 to part 774, of 0.83. I 1. The authority citation for 21 CFR Category 8, Marine, Export Control b. Components, parts, accessories, and part 101 continues to read as follows: Classification Number 8A018, the Items attachments for the above. paragraph in the List of Items Controlled Authority: 15 U.S.C. 1453, 1454, 1455; 21 Dated: March 23, 2004. U.S.C. 321, 331, 342, 343, 348, 371; 42 U.S.C. section, is revised to read as follows: Peter Lichtenbaum, 243, 264, 271. 8A018 Items on the International Assistant Secretary for Export Munitions List Administration. § 101.69 [Amended] * * * * * [FR Doc. 04–7005 Filed 3–29–04; 8:45 am] I 2. Section 101.69 is amended in BILLING CODE 3510–33–P paragraph (o)(1) by adding a comma after List of Items Controlled ‘‘Office of Nutritional Products, Labeling Unit: *** and Dietary Supplements (HFS–800)’’. Related Controls: *** Related Definitions: *** DEPARTMENT OF HEALTH AND PART 177—INDIRECT FOOD Items: HUMAN SERVICES ADDITIVES: POLYMERS a. Closed and semi-closed circuit (rebreathing) apparatus specially designed for Food and Drug Administration I 3. The authority citation for 21 CFR military use, and specially designed part 177 continues to read as follows: components for use in the conversion of 21 CFR Parts 101 and 177 open-circuit apparatus to military use; Authority: 21 U.S.C. 321, 342, 348, 379e. b. Naval equipment, as follows: Food Labeling and Indirect Food § 177.1520 [Amended] b.1. Diesel engines of 1,500 hp and over with rotary speed of 700 rpm or over Additives Regulations; Technical I 4. Section 177.1520 is amended in specially designed for submarines; Amendment paragraph (b) in the table under the entry b.2. Electric motors specially designed for AGENCY: for ‘‘Methyl methacrylate/butyl * * *’’ submarines, i.e., over 1,000 hp, quick Food and Drug Administration, HHS. by removing ‘‘200 C. St. SW., reversing type, liquid cooled, and totally Washington, DC’’ and by adding in its enclosed; ACTION: Final rule; technical place ‘‘5100 Paint Branch Pkwy., College b.3. Nonmagnetic diesel engines, 50 hp and amendment. over, specially designed for military Park, MD 20740’’. purposes. (An engine shall be presumed to be SUMMARY: The Food and Drug Dated: March 24, 2004. specially designed for military purposes if it Administration (FDA) is amending its Jeffrey Shuren, has nonmagnetic parts other than crankcase, regulations to reflect the correction of block, head, pistons, covers, end plates, valve Assistant Commissioner for Policy. typographical and nonsubstantive [FR Doc. 04–7040 Filed 3–29–04; 8:45 am] facings, gaskets, and fuel, lubrication and errors. This action is editorial in nature other supply lines, or its nonmagnetic BILLING CODE 4160–01–S content exceeds 75 percent of total weight.); and is intended to improve the accuracy b.4. Submarine and torpedo nets; and of the agency’s regulations. b.5. Components, parts, accessories, and DATES: Effective March 30, 2004. DEPARTMENT OF DEFENSE attachments for the above. FOR FURTHER INFORMATION CONTACT: I 10. In supplement 1 to part 774, Joyce A. Strong, Office of Policy and Office of the Secretary Category 8, Marine, a new Export Control Planning (HF–27), Food and Drug Classification Number 8A918 is added Administration, 5600 Fishers Lane, 32 CFR Part 3 immediately following ECCN 8A018 and Rockville, MD 20857, 301–827–7010. RIN 0790–AG97 immediately preceding ECCN 8A992 as SUPPLEMENTARY INFORMATION: This follows: document amends FDA’s regulations to Transactions Other Than Contracts, 8A918 Marine Boilers. reflect the correction of typographical Grants, or Cooperative Agreements for and nonsubstantive errors in 21 CFR Prototype Projects Reason for Control: RS, AT, UN. 101.69(o)(1) and 177.1520(b). AGENCY: Office of the Secretary, DoD. Controls Country chart Publication of this document constitutes final action on these changes ACTION: Final rule. RS applies to entire entry ..... RS Column 2. under the Administrative Procedure Act SUMMARY: This final rule implements AT applies to entire entry ...... AT Column 1. (5 U.S.C. 553). Notice and public section 822 of the National Defense UN applies to entire entry ..... Rwanda. procedure are unnecessary because FDA Authorization act for Fiscal Year 2002, is merely correcting nonsubstantive Public Law 107–107, 115 Stat. 1182. License Exceptions errors. Section 822 provides for award of a LVS: $5000, except N/A for Rwanda List of Subjects follow-on production contract to GBS: N/A traditional Defense contractors, without CIV: N/A 21 CFR Part 101 further competition, when the other List of Items Controlled Food labeling, Nutrition, Reporting transaction (OT) agreement for the Unit: $ value and recordkeeping requirements. prototype project provided for at least one-third non-Federal cost-share, Related Controls: N/A 21 CFR Part 177 Related Definitions: N/A consistent with law, and the OT Items: Food additives, Food packaging. agreement for the prototype project

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satisfies certain additional conditions of the need for further competition for the Contracting Officer. A person with the law. stated production quantity. authority to enter into, administer, and/ DATES: The final rule is effective March A proposed rule was published in the or terminate contracts and make related 30, 2004. This final rule will become Federal Register for public comment on determinations and findings as defined effective for solicitations issued on May 20, 2003 (68 FR 27497). No in Chapter 1 of Title 48, CFR, Federal March 30, 2004, or those issued 30 days comments were received. Acquisition Regulation, Section 2.101(b). after March 30, 2004. This final rule Regulatory Evaluation may be used for new prototype awards * * * * * that result from solicitations issued Executive Order 12866, ‘‘Regulatory Project Manager. The government prior to March 30, 2004. Planning and Review’’ manager for the prototype project. It has been determined that this rule * * * * * FOR FURTHER INFORMATION CONTACT: David Boyd, (703) 697–6710. is not a significant rule as defined under I 3. New § 3.9 is added to read as section 3(f)(1) through 3(f)(4) of follows: SUPPLEMENTARY INFORMATION: Executive Order 12866. § 3.9 Follow-on production contracts. Background and Purpose Unfunded Mandates Reform Act (Sec. (a) Authority. A competitively Section 845 of the National Defense 202, Pub. L. 104–4) awarded OT agreement for a prototype Authorization Act for Fiscal Year 1994, It has been certified that this rule does project that satisfies the condition set Public Law 103–160, 107 Stat. 1721, as not contain a Federal mandate that may forth in law that requires non-Federal amended, authorizes the Secretary of a result in the expenditure by State, local parties to the OT agreement to provide Military Department, the Director of and tribal governments, in aggregate, or at least one-third of the costs of the Defense Advanced Research Projects by the private sector, of $100 million or prototype project may provide for the Agency and any other official more in any one year. award of a follow-on production designated by the Secretary of Defense, contract to the awardee of the OT Pub. L. 96–354, ‘‘Regulatory Flexibility to enter into transactions other than prototype agreement for a specific Act’’ (5 U.S.C. 601) contracts, grants or cooperative number of units at specific target prices, agreements in certain situations for It has been certified that this rule is without further competition. prototype projects that are directly not subject to the Regulatory Flexibility (b) Conditions. The Agreements relevant to weapons or weapon systems Act (5 U.S.C. 601 et seq.) because it Officer must do the following in the proposed to be acquired or developed would not, if promulgated, have a award of the prototype project: by the Department of Defense. Such significant economic impact on a (1) Ensure non-Federal parties to the transactions are commonly referred to as substantial number of small entities. OT prototype agreement offer at least ‘‘other transaction’’ agreements for The rule does not require additional one-third of the costs of the prototype prototype projects. To the extent that a recordkeeping or other significant project pursuant to subsection particular statute or regulation is limited expense by project participants. (d)(1)(B)(i), 10 U.S.C. 2371 note. in its applicability to the use of a (2) Use competition to select parties Pub. L. 96–511, ‘‘Paperwork Reduction for participation in the OT prototype procurement contract, it would Act of 1995’’ (44 U.S.C. 3501 et seq.) generally not apply to ‘‘other agreement and evaluate the proposed transactions’’ for prototype projects. It has been certified that this rule does quantity and target prices for the follow- on production units as part of that Use of OT authority is authorized by not impose any reporting or record competition. law in the absence of the significant keeping requirements under the Paperwork Reduction Act of 1995. (3) Determine the production quantity participation of a nontraditional Defense that may be procured without further contractor, when at least one-third of Federalism (Executive Order 13132) competition, by balancing of the level of the costs of the prototype project are to It has been certified that this rule does the investment made in the project by be provided by non-Federal parties to not have federalism implications, as set the non-Federal parties with the interest the agreement. The authority granted by forth in Executive Order 13132. of the Federal Government in having section 822 of the National Defense competition among sources in the List of Subjects in 32 CFR Part 3 Authorization Act for Fiscal Year 2002 acquisition of the product or products provides for the authority to continue Government procurement, prototyped under the project. such prototype projects into production Transactions for prototype projects. (4) Specify the production quantity without competition in certain I Accordingly, 32 CFR part 3 is amended and target prices in the OT prototype circumstances. The circumstances are to read as follows: agreement and stipualte in the identified in this rule. Additionally, a agreement that the Contracting Officer rule will be issued to the Defense PART 3—TRANSACTIONS OTHER for the follow-on contract may award a Federal Acquisition Regulation THAN CONTRACTS, GRANTS, OR production contract without further Supplement that exempts such COOPERATIVE AGREEMENTS FOR competition if the awardee successfully production contracts from further PROTOTYPE PROJECTS completes the prototype project and competition, notwithstanding the agrees to production quantities and I requirements of section 2304 of title 10, 1. The authority citation for 32 CFR prices that do not exceed those specified United States Code. part 3 contiinues to read as follows: in the OT prototype agreement (see part In implementing the law, the Authority: Section 845 of Public Law (103– 206.001 of the Defense Federal Department clarifies that the number of 160, 107 Stat. 1721, as amended. Acquisition Regulation Supplement). production units and target prices (c) Limitation. As a matter of policy, § 3.4 [Amended] proposed for production must be establishing target prices for production evaluated during the competition for the I 2. Section 3.4 is amended to add new units should only be considered when prototype project. This is consistent definitions in aphabetical order to read the risk of the prototype project permits with the law’s competition requirement as follows: realistic production pricing without and is the basis for being exempted from * * * * * placing undue risks on the awardee.

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(d) Documentation. (1) The meets the serious area 1-hour ozone VIII. What Is the New Attainment Date for the Agreements Officer will need to provide nonattainment area requirements of the Beaumont/Port Arthur Area? information to the Contracting Officer Act on or before one year after the IX. What is the Date for Submitting a Revised SIP for the Beaumont/Port Arthur Area? from the agreement and award file that effective date of this final action. We are X. Why Are We Withdrawing the Attainment the conditions set forth in paragraph (b) adjusting the dates by which the area Demonstration, MCR, and MVEB of this section have been satisfied. must meet the rate-of-progress (ROP) approvals and the RACM Finding, and (2) The information shall contain, at requirements and adjusting contingency What Are the Potential Impacts of the a minimum: measure requirements as they relate to Withdrawals? (i) The competitive procedures used; the ROP requirements. These final XI. How Does the Recent Release of (ii) How the production quantities actions are in direct response and to MOBILE6 Interact With Reclassification? and target prices were evaluated in the comply with the Court’s reversal. A. What is the Relationship Between MOBILE6 and the Attainment Year competition; In response to the Court’s remand, we Motor Vehicle Emissions Budgets? (iii) The percentage of cost-share; and are withdrawing our final approval of B. What Is the Relationship Between (iv) The production quantities and BPA’s 2007 attainment demonstration MOBILE6 and the Post-1996 Rate-of- target prices set forth in the OT SIP, the Mobile Vehicle Emissions Progress Requirement? agreement. Budget (MVEB), the mid-course review XII. What Are the Rate-of-Progress and (3) The Project Manager will provide commitment (MCR), and our finding Contingency Measure Schedules? evidence of successful completion of the that BPA implemented all Reasonable A. Rate-of-Progress Milestones prototype project to the Contracting Available Control Measures (RACM). B. 2005 Rate-of-Progress C. Contingency for Failure To Achieve Officer. The required revised SIP must include, Rate-of-Progress by November 15, 1999, Dated: March 12, 2004. among other things, a revised and November 15, 2002 Patricia L. Toppings, attainment demonstration SIP, a new XIII. What are the Impacts on the Title V MVEB, and a re-analysis of RACM that Program? Alternate OSD Federal Register Liaison complies with the Court’s order. XIV. What comments were received on the Officer, Department of Defense. supplemental proposal approval, and DATES: This final rule is effective on [FR Doc. 04–7044 Filed 3–29–04; 8:45 am] how has the EPA responded to those? April 29, 2004. BILLING CODE 5001–06–M XV. EPA Action ADDRESSES: Copies of documents XVI. Statutory and Executive Order Reviews relevant to this action are available for public inspection during normal I. What Is the Background for This ENVIRONMENTAL PROTECTION Action? AGENCY business hours at the following locations. Anyone wanting to examine The BPA area was classified as a 40 CFR Parts 52 and 81 these documents should make an moderate 1-hour ozone nonattainment appointment with the appropriate office area and, therefore, was required to [TX–122–1–7612; FRL–7641–2] at least two working days in advance. attain the 1-hour ozone standard of 0.12 Environmental Protection Agency, ppm by November 15, 1996. On April Determination of Nonattainment as of Region 6, Air Planning Section (6PD–L), 16, 1999, EPA proposed to reclassify the November 15, 1996 and 1445 Ross Avenue, Dallas, Texas 75202– BPA area to a serious ozone Reclassification of the Beaumont/Port 2733; and, the Texas Natural Resource nonattainment area, or, in the Arthur Ozone Nonattainment Area; Conservation Commission, Office of Air alternative to extend BPA’s attainment State of Texas; Final Rule Quality, 12124 Park 35 Circle, Austin, date if the State submitted a SIP AGENCY: Environmental Protection Texas 78753. consistent with the criteria of the Agency (EPA). FOR FURTHER INFORMATION CONTACT: Transport Policy. 64 FR 18864. As part ACTION: Final rule. Karla Ann Richardson, Air Planning of the proposed alternative Section (6PD-L), 1445 Ross Avenue, reclassification of the area to serious, SUMMARY: Pursuant to the U.S. Court of Dallas, Texas 75202–2733. Telephone the EPA proposed to find that the BPA Appeals for the Fifth Circuit’s (the Number (214) 665–8555, e-Mail area did not attain the 1-hour ozone Court) reversal, the EPA is withdrawing Address: [email protected]. NAAQS by November 15, 1996, as its final action that extended the SUPPLEMENTARY INFORMATION: required by the CAA. The proposed attainment date to November 15, 2007, Throughout this document ‘‘we,’’ ‘‘us,’’ finding was based on 1994–1996 air and approved the transport and ‘‘our’’ means EPA. This quality data that showed the area’s air demonstration (66 FR 26914) for the supplementary information section is quality violated the standard and the Beaumont/Port Arthur 1-hour ozone organized as listed in the following area did not qualify for an attainment nonattainment area (the BPA area). The Table of Contents: date extension under the provisions of EPA finds that the BPA area has failed section 181(a)(5).1 EPA also proposed I. What Is the Background for this Action? that the appropriate reclassification of to attain the 1-hour ozone national II. What Are the National Ambient Air ambient air quality standard (NAAQS or Quality Standards? the area would be from moderate to standard) by November 15, 1996, the III. What Is the NAAQS for Ozone? serious. attainment date for moderate IV. What Is a SIP and How Does It Relate to Although the area was not eligible for nonattainment areas set forth in the the NAAQS for Ozone? an attainment date extension under Federal Clean Air Act (Act or CAA). As V. What Is the Beaumont/Port Arthur a result, the BPA area is reclassified by Nonattainment Area? 1 Section 181(a)(5) specifies that a state may VI. What Is the Additional Context for This request, and EPA may grant, up to two one-year operation of law as a serious 1-hour attainment date extensions. EPA may grant an ozone nonattainment area. The new Rulemaking? VII. Application of the CAA Provisions extension if: (1) the state has complied with the serious area attainment date for the BPA Regarding Determinations of requirements and commitments pertaining to the area is as expeditiously as practicable applicable implementation plan for the area, and (2) Nonattainment and Reclassifications the area has measured no more than one but no later than November 15, 2005. A. Serious Classification exceedance of the ozone standard at any monitoring The State of Texas must submit a State B. Selection of Option 2—Reclassification site in the nonattainment area in the year in which Implementation Plan (SIP) revision that to Serious attainment is required.

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CAA section 181(a)(5), the April 16, also took one final action not relevant to the attainment date for serious 1999, proposal included a notice of the today’s action and the Court’s remand: nonattainment areas. If EPA took final BPA area’s eligibility for an attainment the finding that BPA met the Reasonably action on that finding, the area would be date extension, pursuant to the Available Control Technology (RACT) reclassified as a severe 1-hour ozone Transport Policy, which was published requirements for major sources of nonattainment area, with an attainment in a March 25, 1999, Federal Register Volatile Organic Compounds (VOC) date of no later than November 15, 2005. notice (64 FR 14441). This policy emissions.) Alternatively, under Option 2, if the addressed circumstances where A petition for review of the May 15, area were reclassified as a serious 1- pollution from upwind areas interferes 2001, rulemaking was filed in the U.S. hour ozone nonattainment area, EPA with the ability of a downwind area to Court of Appeals for the Fifth Circuit. proposed that it would retain that attain the 1-hour ozone standard by its On December 11, 2002, the Court issued classification, but that it would have an attainment date. EPA proposed to a decision in Sierra Club v. EPA, 314 attainment date of no later than finalize its action on the determination F.3d 735 (5th Cir. 2002), reversing the November 15, 2005. Under either of nonattainment and reclassification of portion of EPA’s approval that extended alternative, we proposed that the State the BPA area only after the area had BPA’s attainment date to 2007 under the of Texas submit the required SIP received an opportunity to qualify for an Transport Policy without reclassifying revision on or before one year after the attainment date extension under the the area.2 The Court also remanded to effective date of a final action on this Transport Policy. EPA the final actions related to the notice. We further proposed to adjust The State of Texas submitted a reversal: our approval of the attainment the dates by which the area must meet request for an extension of the demonstration SIP and MVEB, the MCR the rate-of-progress (ROP) requirements attainment date for the BPA area, a commitment, and our finding that the and adjust contingency measure transport demonstration, an attainment area was implementing all RACM. The requirements as they relate to the ROP demonstration SIP and MVEB, an MCR Court affirmed the portion of EPA’s final requirements. enforceable commitment, and RACM action that requires implementation In response to the Court’s remand, we analysis. We proposed on December 27, only of control measures that contribute also proposed to withdraw our final 2000, to approve the transport to attainment as expeditiously as approval of BPA’s 2007 attainment demonstration and to extend the practicable and considers demonstration SIP, the MVEB, the mid- attainment date without reclassifying implementation costs in rejecting course review commitment (MCR), and the area, to approve the attainment control measures, but remanded EPA’s our finding that BPA implemented all demonstration SIP and MVEB, to specific determination regarding RACM RACM. We also proposed the schedule approve the MCR commitment, and to in the BPA area so that any conclusions for Texas to submit a revised SIP, a new find that BPA was implementing all about the control measures may be MVEB, and a re-analysis of RACM RACM. (65 FR 81786) adequately explained. meeting the Court’s order. On May 15, 2001, EPA issued a final EPA published a Supplemental rule (66 FR 26914) in which EPA Proposed rule dated June 19, 2003 (68 II. What Are the National Ambient Air approved the transport demonstration FR 36756). In response to the Court’s Quality Standards? and extended the attainment date for the reversal, EPA proposed to withdraw its Since the CAA’s inception in 1970, BPA area to November 15, 2007, while final action that extended the EPA has set NAAQS for six common air retaining the area’s classification as attainment date to November 15, 2007, pollutants: carbon monoxide, lead, ‘‘moderate.’’ The rule also approved the and approved the transport nitrogen dioxide, ozone, particulate attainment demonstration for the BPA demonstration. We also proposed to matter, and sulfur dioxide. The CAA area and MVEB, approved the State’s issue a finding that BPA failed to attain requires that these standards be set at enforceable commitment to perform a the 1-hour ozone national ambient air levels that protect public health and mid-course review and submit a SIP quality standard (NAAQS or standard) welfare with an adequate margin of revision by May 1, 2004, found that the by November 15, 1996, the attainment safety. These standards present state area was implementing all RACM, and date for moderate nonattainment areas and local governments with the air took one other non-related action. The set forth in the Act, and to reclassify quality levels they must meet to achieve attainment demonstration SIP is BPA as a serious 1-hour ozone clean air. Also, these standards allow addressed in the State of Texas nonattainment area. EPA also proposed the American people to assess whether submittals dated November 12, 1999, that should we take final action on the or not the air quality in their and April 25, 2000. Thus, the area reclassification to serious, we would communities is healthful. would have had until no later than also take one of two alternative options November 15, 2007, the attainment date for identifying the appropriate III. What Is the NAAQS for Ozone? for the upwind Houston-Galveston (HG) attainment date for the area. Under The NAAQS for ozone is expressed in nonattainment area, to attain the 1-hour Option 1, EPA proposed further to find two forms called the 1-hour and 8-hour 3 ozone standard. The final rule contains that the area failed to attain the 1-hour standards. Table 1 summarizes the 1- EPA’s responses to the comments. (We ozone standard by November 15, 1999, hour ozone standards.

2 Two other United States Circuit Courts of 4835 (January 30, 2003). (EPA subsequently 3 The 8-hour ozone standard value is 0.08 ppm Appeals had previously issued decisions rejecting redesignated the St. Louis area to attainment for the and is the primary and secondary standard. The transport-based attainment date extensions that ozone standard 68 FR 25418 and 68 FR 25442 (May standard requires that the average of the annual EPA had granted in other areas. Sierra Club v. EPA, 12, 2003).) In addition, in light of the three circuit fourth highest daily maximum 8-hour average 294 F.3d 155 (D.C. Cir. 2002) and Sierra Club v. court decisions, EPA issued final rules withdrawing ozone concentration measured at each monitor over EPA, 311 F.3d 853 (7th Cir. 2002). In the wake of transport-based attainment date extensions and these decisions, EPA issued final rulemakings reclassifying the Baton Rouge and the Atlanta ozone any three-year period, be less than or equal to 0.08 reclassifying the Washington, DC ozone nonattainment areas, (68 FR 20077 (April 24, 2003), ppm. EPA intends to designate areas under the 8- nonattainment area, 68 FR 3410 (January 24, 2003), and 68 FR 55469 (September 26, 2003), hour standard by April 15, 2004. and the St. Louis ozone nonattainment area, 68 FR respectively).

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TABLE 1.—SUMMARY OF OZONE STANDARDS

Standard Value Type Method of compliance

1-hour ...... 0.12 ppm ...... Primary and Secondary ...... Must not be exceeded, on average, more than one day per year over any three-year period at any monitor within an area. 8-hour ...... 0.08 ppm ...... Primary and Secondary ...... Three year average of the annual fourth highest value at any specific mon- itor must not exceed the standard.

(Primary standards are designed to BPA from ‘‘moderate’’ to ‘‘serious.’’ The classification or the classification protect public health and secondary Court’s ruling means that BPA’s applicable to the area’s ozone design standards are designed to protect public attainment date extension while value at the time the required notice is welfare and the environment.) retaining the ‘‘moderate’’ classification, published in the Federal Register. The Eventually the 8-hour standard will using the Transport Policy, is no longer classification applicable to BPA’s ozone replace the one hour standard. EPA is valid. design value at the time of today’s currently developing a transition policy VII. Application of the CAA Provisions notice is ‘‘moderate’’ since the area’s from the one hour standard to the eight Regarding Determinations of 2003 calculated design value, based on hour standard that will explain which Nonattainment and Reclassifications quality-assured ozone monitoring data one hour requirements must remain in from 2001–2003, is 0.129 ppm. By place (68 FR 32802). A. Serious Classification contrast, the next higher classification At this time the 1-hour ozone Section 181(b)(2) of the Act requires for BPA is ‘‘serious.’’ Because ‘‘serious’’ standard continues to apply to the BPA that we determine, based on the area’s is a higher nonattainment classification area, and it is the classification of the design value (as of the attainment date), than ‘‘moderate’’ under the statutory BPA area with respect to the 1-hour whether an ozone nonattainment area scheme, BPA is reclassified by operation ozone standard addressed in this attained the one-hour ozone standard by of law as ‘‘serious,’’ for failing to attain document. that date. If we find that the the standard by the moderate area IV. What Is a SIP and How Does It nonattainment area has failed to attain applicable attainment date of November Relate to the NAAQS for Ozone? the one-hour ozone standard by the 15, 1996. applicable attainment date, the area is Section 110 of the CAA requires states B. Selection of Option 2— reclassified by operation of law to the to develop air pollution regulations and Reclassification to Serious control strategies to ensure that state air higher of the next higher classification quality meet the NAAQS established by for the area, or the classification In EPA’s Supplemental Proposed rule EPA. Each state must submit these applicable to the area’s design value as dated June 19, 2003 (68 FR 36756), we regulations and control strategies to us determined at the time of the required proposed two options for identifying the for approval and incorporation into the Federal Register notice. appropriate attainment date following a Federally-enforceable SIP. We make attainment determinations final action on the reclassification of the Each Federally-approved SIP protects for ozone nonattainment areas using BPA area to serious. Under Option 1, air quality primarily by addressing air available quality-assured air quality EPA would make an additional pollution at its point of origin. These data. For the BPA ozone nonattainment determination of whether BPA attained SIPs can be extensive. They may contain area, the attainment determination is the standard by November 15, 1999. If state regulations or other enforceable based on 1994–1996 air quality data. we made a final determination that the documents and supporting information The data show that for 1994–1996, four area failed to attain by the 1999 date, the such as emission inventories, monitoring sites averaged more than one area would be reclassified as severe exceedance day per year. This data monitoring networks, and modeling with an attainment date of no later than calculates to a design value of .157 ppm. demonstrations. November 15, 2005. Under Option 2, if Therefore, pursuant to section 181(b) of the area were reclassified as a serious V. What Is the Beaumont/Port Arthur the CAA, we find that the BPA area did area, EPA would retain the serious Nonattainment Area? not attain the 1-hour ozone NAAQS by classification for the area but the the November 15, 1996, deadline for The Beaumont/Port Arthur 1-hour attainment date would be no later than moderate areas. Additional background ozone nonattainment area is located in November 15, 2005. Southeast Texas, and consists of Hardin, for this finding may be found in the Jefferson, and Orange Counties. April 16, 1999, proposal (64 FR 18864), We have concluded that Option 2 is the December 27, 2000, proposal (65 FR the better choice. We therefore have VI. What Is the Additional Context for 81786), and the May 15, 2001, final rule chosen not to finalize the additional This Rulemaking? (66 FR 26914). A summary and determination of whether the BPA area The Transport Policy provided for an discussion of the air quality monitoring attained the standard by November 15, extension of an area’s attainment date if data for the BPA area for 1994 through 1999. We believe it is appropriate in it was adversely affected by transport, 1996 can be found in the April 16, 1999, these special BPA circumstances to without having to reclassify the affected proposal and its technical support retain the serious classification but with area. Consequently, when we granted document (TSD). We received no a prospective attainment date. Through the extension of the attainment date for adverse comments on our findings discussions with representatives from BPA based upon the transport regarding these air quality data. the State, Industry, Environmental demonstration, we did not take action to Section 181(b)(2)(A) of the Act Groups, and commenting parties it finalize the April 16, 1999, proposed requires that, when we find that an area seems that they agree Option 2 is the finding that BPA had not attained the 1- failed to attain by the applicable date, better choice considering the BPA area’s hour ozone standard by November 15, the area is reclassified by operation of particular circumstances, history, and 1996. We therefore did not reclassify law to the higher of: the next higher facts.

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VIII. What Is the New Attainment Date the finding that the area was XI. How Does the Recent Release of for the Beaumont/Port Arthur Area? implementing all RACM. They are no MOBILE6 Interact With The new attainment date for the BPA longer applicable as they were based on Reclassification? area is as expeditiously as practicable a 2007 attainment date. A new A. What Is the Relationship Between but no later than November 15, 2005. attainment demonstration with a new MOBILE6 and the Attainment Year The as expeditiously as practicable MVEB, and a new RACM analysis, are Motor Vehicle Emissions Budgets? required to be submitted for the BPA attainment date will be determined as In addition to the fact that the motor area. All are due on or before one year part of the action on the required SIP vehicle emissions budgets contained in submittal. from the effective date of this Final the State’s November 12, 1999, and Rule. IX. What Is the Date for Submitting a April 25, 2000, submittals are based on Revised SIP for BPA? As discussed in the June 19, 2003, the year 2007, which is no longer an supplemental proposal, the Court allowable attainment date under the EPA must address the schedule by affirmed the portion of our May 15, Court’s decision, the current MVEB is which Texas is required to submit the 2001, final action that treats as potential not based upon the most recent mobile SIP revision. We proposed the required RACMs only those measures that would source emission factors model, SIP revision be submitted as MOBILE6. expeditiously as practicable but no later advance the attainment date and considers implementation costs when The motor vehicle emissions budgets than one year after the effective date of submitted to fulfill the SIP revision our final action. No adverse comments rejecting certain control measures in its December 11, 2002, decision. However, requirements, including those of the were received by the EPA on this issue. attainment demonstration, must be the Court remanded the analysis and Today, we are requiring that Texas prepared using the latest approved conclusions regarding RACM in the submit the SIP revision as expeditiously emissions model. See 40 CFR 51.112. as practicable but no later than one year BPA area to the EPA. According to the EPA approved the MOBILE6 emissions after the effective date of this final Court’s order, the analysis must: (1) factor model in January 2002. As a action. demonstrate an examination of all result, any new attainment SIP planning Additionally, the implementation of relevant data; and (2) provide a must now be based on the MOBILE6 the failure to attain contingency plausible explanation for the rejection of model. The State should refer to measures in the current SIP is triggered proposed RACMs including why the applicable guidance and policy, such as automatically upon the effective date of measures, individually and in ‘‘Policy Guidance for the Use of this rule. Further, Texas is required to combination, would not advance the MOBILE6 in SIP Development and submit a revision to the SIP containing BPA area’s attainment date. Transportation Conformity’’ contingency measures under sections The State is responsible for (memorandum from John S. Seitz and 172(c)(9) and 182(c)(9) to meet ROP performing and submitting a new RACM Margo Tsirigotis Oge, January 18, 2002) requirements and for failure to attain. analysis for EPA use in determining SIP in preparing the budgets. The revised The State’s SIP revision submitted for SIP must contain budgets based on approval. Even though the State is an attainment date of 2007 contained a MOBILE6 modeling. commitment to perform and submit a responsible for developing the new mid-course review (MCR) by May 1, analysis, when evaluating the use of B. What Is the Relationship Between 2004. Due to the new time frame for SIP RACM in the SIP approval process EPA MOBILE6 and the Post-1996 Rate-of- submittal and the attainment date of will only consider as adequate an Progress Requirement? November 15, 2005, Texas is not RACM analysis by the State containing The section 182(c)(2)(B) reasonable required to submit an MCR for the BPA the factors outlined in the Court’s further progress requirement requires area. December 11, 2002, ruling. The RACM volatile organic compounds (VOC) or analysis is due on or before the nitrogen oxides (NOX) reductions of 3 X. Why Are We Withdrawing the attainment demonstration due date. percent per year, averaged over a 3-year Attainment Demonstration, MCR and Withdrawing approval of the MVEB period, until the attainment date, for MVEB Approvals and the RACM serious and above ozone nonattainment results in reverting to the previously Finding, and What Are the Potential areas designated and classified under approved MVEBs for the purposes of Impacts of the Withdrawals? the 1-hour ozone NAAQS. The EPA transportation conformity. This would We are withdrawing our final refers to these reductions as the rate-of- be the 1996 budget which was for VOCs approval of BPA’s 2007 attainment progress (ROP) requirement. only and did not include a NO budget. demonstration and the accompanying X The January 18 MOBILE6 policy Motor Vehicle Emission Budget Therefore, there will be no valid NOX indicates, among other things, that the (MVEB), the MCR enforceable budget in effect until a new NOX MVEB motor vehicle emissions budgets in the commitment, and the Reasonably is submitted and found adequate. In post-1996 rate-of-progress plans will Available Control Measures (RACM) order for transportation projects to have to be developed using MOBILE6. finding. Having an attainment date proceed in the absence of an adequate In this policy we said: earlier than 2007 requires the NOX budget, an area must: (1) pass a In general, EPA believes that MOBILE6 submission of a revised attainment ‘‘build/no-build’’ emissions test, should be used in SIP development as demonstration SIP, a new MVEB, and a meaning that projected future regional expeditiously as possible. The Clean Air Act re-analysis of the RACM determination. emissions from the transportation requires that SIP inventories and control To be consistent with the Court’s system after making proposed changes measures be based on the most current must be lower than the projected information and applicable models that are reversal of the 2007 attainment date available when a SIP is developed.4 extension, and to respond to the emissions from the existing Texas has not submitted ROP plans remand, we are withdrawing our May transportation system; and (2) other than the original 15% ROP plan 15, 2001, approval of the 2007 demonstrate that the estimated future attainment demonstration and MVEB, emissions will not exceed 1990 levels. 4 See Clean Air Act section 172(c)(3) and 40 CFR the MCR enforceable commitment, and See 40 CFR 93.119(b). 51.112(a)(1).

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required for the BPA area as a moderate that year and reduced by the amount of base year emissions inventories and area, since under the Transport Policy the mandated minimum reductions (15 development of up to seven 1990 the BPA area was not required to meet percent VOC by 1996, and an additional adjusted inventories (VOC for 1996, the post-1996 ROP requirements. The nine (9) percent VOC, or VOC and NOX, VOC and NOX for 1999, VOC and NOX post-1996 until the attainment date ROP by 1999, an additional 9 percent VOC, for 2002, plus VOC and NOX for 2005). plans will need to be based upon or VOC and NO , by 2002, and an X XII. What Will Be the Rate-of-Progress MOBILE6. additional 9 percent VOC, or VOC and and Contingency Measure Schedules? The post-1996 rate-of-progress NOX, by 2005). Under our guidance, the requirement flows from section first rate-of-progress milestone year A. Rate-of-Progress Milestones 182(c)(2)(B) which requires serious and target level, for example, the 15 percent Section 182(c)(2)(B) requires serious above areas to achieve a 3 percent per VOC reduction by 1996, starts with the and above areas to achieve a 3 percent year reduction in baseline VOC 1990 base year emissions and then per year reduction in baseline VOC emissions (or some combination of VOC subtracts the effects of the 1990 FMVCP emissions (or some combination of VOC and NOX reductions from baseline and Phase 2 RVP and RACT fix-ups and NOX reductions from baseline emissions pursuant to section through 1996 and also subtracts the 182(c)(2)(C)) averaged over each emissions pursuant to section required 15 percent VOC reduction. The 182(c)(2)(C)) averaged over each consecutive three-year period after 1999 VOC target level starts with the November 15, 1996, until the attainment consecutive three-year period after 1996 target level and subtracts the November 15, 1996, until the attainment date.5 Baseline emissions are the total effects between 1996 and 1999 of the amounts of actual VOC or NO date. Under the new attainment date, X 1990 FMVCP and Phase 2 RVP and attainment must be achieved as emissions from all anthropogenic RACT fix-ups and subtracts the required sources in the area during the calendar expeditiously as practicable but no later 9 percent post-1996 reduction. For each than November 15, 2005. year 1990, excluding emissions that target level, our guidance requires the would be eliminated under certain Under the schedule for submittal of preparation of a 1990 base year the new SIP, the rate-of-progress plans Federal programs and Clean Air Act inventory ‘‘adjusted’’ to the milestone mandates: phase 2 of the Federal for the 1999 and 2002 milestone years year (the ‘‘1990 adjusted base year will be due well after the November 15, gasoline Reid vapor pressure regulations inventory’’) to account for the effects of (Phase 2 RVP) promulgated on June 5, 1999, and November 15, 2002, the 1990 FMVCP and Phase 2 RVP and milestone dates. If sufficient actual 1990 (see 55 FR 23666); the Federal RACT fix-ups by the milestone year. motor vehicle control program in place reductions occurring by the November The adjusted inventory uses 1990 motor 15, 1999, and November 15, 2002, as of January 1, 1990 (1990 FMVCP); vehicle activity levels but emission and certain changes and corrections to milestone dates do not now exist, then factors computed by MOBILE6 for the Texas can only get reductions after the motor vehicle inspection and applicable milestone year. For example, maintenance (I/M) programs and two milestone dates because, at this preparation of a rate-of-progress plan for point, the State does not have the ability corrections and reasonably available the ROP milestone year of 1999, with control technology (RACT) required to require additional reductions for a 6 NOX substitution, requires a 1990 base period that has already passed. The under section 182(a)(2). We have year inventory for both VOC and NO , issued guidance that provides detailed X passing of the deadlines does not relieve a 1990 base year VOC inventory Texas from the requirement to achieve information for implementing the rate- adjusted to 1996, and 1990 base year of-progress provisions of section 182.7 the 18 percent reduction in emissions, VOC and NO inventories adjusted to Basically our guidance requires the X but simply means that the 18 percent 1999. Preparation of a rate-of-progress calculation of a target level of emissions reduction must be achieved as plan for 2005 with NO substitution for each rate-of-progress milestone year. X expeditiously as practicable but no later requires a 1990 base year inventory for The target level for any rate-of-progress than November 15, 2005. both VOC and NO plus the following milestone year is the 1990 baseline X The approved SIP for the BPA area seven ‘‘adjusted’’ inventories: 1996 emissions decreased by the amount of contains measures that generate VOC; 1999 VOC and NO ; 2002 VOC baseline emissions that would be X additional benefits after November 15, and NO ; and 2005 VOC and NO . reduced by the 1990 FMVCP, the Phase X X 1996. Such measures include reduction One consequence of the need to use 2 RVP program, and RACT fix-ups 8 by requirements on large sources of NOX. MOBILE6 emission factors in the post- As discussed elsewhere in this 1996 rate-of-progress plans is that the 5 As a moderate area, BPA was not required to document in the section titled ‘‘What is submit a ROP plan for a nine (9) percent reduction area must recompute the 1990 baseline the Relationship Between MOBILE6 and for the 3-year period November 15, 1996, through emissions using the MOBILE6 emissions the Post-1999 Rate-of-Progress,’’ the November 15, 1999. However, the BPA area now is factor model to update the 1990 on-road CAA specifies the emissions ‘‘baseline’’ required to submit an ROP plan through November mobile sources’ portion of the 1990 base 15, 2005, the new attainment date. from which each emission reduction 6 These requirements under section 182(a)(2) are year emission inventory. The area must milestone is calculated. Section known as I/M and RACT corrections or I/M and also calculate post-1996 rate-of-progress 182(c)(2)(B) states that the reductions RACT ‘‘fix-ups.’’ For further explanation of these target levels by reiterating the target must be achieved ‘‘from the baseline see 57 FR at 13503–13504, April 16, 1992. levels for rate-of-progress requirements 7 This includes: Guidance on the Post-1996 Rate- emissions described in subsection of-Progress Plan (RPP) and Attainment for the 1996 milestone year. (b)(1)(B).’’ This baseline value is termed Demonstration, EPA–452/R–93–015 (Corrected Thus, in addition to vehicle emissions the ‘‘1990 adjusted base year version of February 18, 1994). An electronic copy budgets for any applicable milestone inventory.’’ Section 182(b)(1)(B) defines may be found on EPA’s Web site at http:// year, the post-1996 rate-of-progress baseline emissions (for purposes of www.epa.gov/ttn/oarpg/t1pgm.html (file name: requirement will also require the ‘‘post96_2.zip’’). calculating each milestone VOC/NOX 8 The BPA area has no I/M program and so has development of a revision to the 1990 emission reduction) as ‘‘the total no I/M fix-ups to consider. A vehicle I/M program amount of actual VOC or NOX emissions would normally be listed as a requirement for a 1- populations less than 200,000 for 1990 (such as hour ozone moderate or above nonattainment area. Beaumont/Port Arthur) are not mandated to from all anthropogenic sources in the However, the Federal I/M Flexibility Amendments participate in the I/M program (60 FR 48033, area during the calendar year of of 1995 determined that urbanized areas with September 18, 1995). enactment’’ and excludes from the

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baseline the emissions that would be Texas must identify sufficient data and source threshold will now be lower than eliminated by certain specified Federal show why they meet the ‘‘as it was as a moderate classification. programs and certain changes to state I/ expeditiously as practicable’’ Consequently, the State’s Title V M and RACT rules.9 The 1990 adjusted requirement. Such SIP revision will operating permits program regulations base year inventory must be have to demonstrate that any date after need to cover existing sources that are recalculated relative to each milestone November 15, 1999, by which the 1999 now subject to the lower major and attainment date because the 9 percent ROP reduction is achieved, as stationary source threshold of serious emission reductions associated with the well as any date after November 15, (50 tons per year for volatile organic FMVCP increase each year due to fleet 2002, by which the first post-1999 9 compounds (VOCs) and nitrogen oxide 10 turnover. percent ROP reduction is achieved, is as compounds (NOX)). Any newly major Therefore, since there are federal and expeditious as practicable. stationary sources must submit a timely state rules requiring reductions after Title V permit application. ‘‘A timely B. 2005 Rate-of-Progress November 15, 1996, EPA concludes that application for a source applying for a the BPA area has already implemented There is no change to the date by part 70 permit for the first time is one measures creditable toward the 1999 which the 2003–2005 9 percent that is submitted within 12 months after and 2002 rate-of-progress milestones. increment of the rate-of-progress must the source becomes subject to the permit However, we are not able to conclude be achieved. If the currently adopted program or on or before such earlier that the area has sufficient measures to and approved SIP measures and the date as the permitting authority may achieve the required 9 percent reduction current suite of Federal measures will establish.’’ See 40 CFR 70.5(a)(1). The by November 15, 1999, and an not achieve the required rate-of-progress 12 month (or an earlier date set by the additional 9 percent reduction by reductions, we believe the State has applicable permitting authority) time November 15, 2002, in the absence of sufficient time to adopt and implement period to submit a timely application the rate-of-progress plans for both the measures to achieve the required will commence on the effective date of 1999 and 2002 milestone years that reductions in the BPA area by this reclassification action. document the calculations of the 1999 November 15, 2005. and 2002 target levels of emissions, XIV. What Comments Were Received C. Contingency For Failure To Achieve account for expected growth in on the Supplemental Proposal, and Rate-of-Progress by November 15, 1999 emissions related activities, and contain How Has the EPA Responded to Those? and November 15, 2002 the requisite demonstration that EPA received comments from the sufficient creditable reductions have or The contingency measures’ plan must public on the Notice of Supplemental were projected to occur by November identify specific measures to be Proposed Rulemaking (NPR) published 15, 1999, and November 15, 2002, undertaken if the area fails to meet any on June 19, 2003 (66 FR 36756). respectively. We have insufficient data applicable milestone, to make rate-of- Comments were received from: South concerning what the levels of reductions progress, or to attain the NAAQS. With East Texas Regional Planning would have been in the area by 1999 respect to the November 15, 1999, and Commission; Clean Air and Water, Inc.; and 2002, since we do not know what November 15, 2002, milestones, the EPA Orange County Judge, Carl K. the 1990 adjusted base year inventory believes that the contingency plan will Thibodeaux; Goodyear Tire and Rubber for 1996, 1999, and 2002 will be or the need to account for any adjustment to Company; Nederland Economic projected emissions growth for the the milestone dates. Development Corp.; City of Orange; periods of November 15, 1996, through With this final action determining Bridge City Chamber of Commerce; City November 15, 1999 and November 15, that BPA has failed to attain the of Lumberton; City of Vidor; City of 1999, through November 15, 2002. Nor standard by November 15, 1996, the Nederland; City of West Orange; Greater do we have sufficient information to presently-approved 1996 ROP/ Orange Area Chamber of Commerce; allow us to determine what will be an attainment contingency plan is City of Bridge City; City of Beaumont; expeditiously as practicable date for automatically invoked. (See 63 FR 6659 Greater Port Arthur Chamber of achievement of this post-1996 18 for the contingency measures.) Commerce; City of Port Neches; percent rate-of-progress requirement. Therefore, the State is required to Beaumont Chamber of Commerce; City EPA finds that the 1999 and 2002 ‘‘backfill’’ these contingency measures. of Port Arthur; Golden Triangle rate-of-progress requirements are that Since the BPA area did not attain by the Business Roundtable; Jefferson County Texas must submit a rate-of-progress moderate area attainment date, and in Judge Carl R. Griffith, Jr.; City of plan that demonstrates that the SIP has order to fulfill the contingency Pinehurst; Southeast Texas Plant sufficient measures to achieve the measures’ plan requirements of sections Managers’ Forum; Texas Commission on required 18 percent reductions by a date 172(c)(9) and 182(c)(9) of the CAA, Environmental Quality; A joint letter as expeditiously as practicable.11 This implementation of the failure-to-attain from Sierra Club, Clean Air and Water, approach was recently upheld by the contingency measures’ plan in the Inc., and Community InPowerment United States Court of Appeals for the current SIP is triggered automatically Development Association; and twelve District of Columbia Circuit in Sierra upon the effective date of this Final individuals. Club v. EPA, DC. Cir. No. 03–1084 (Feb. rule. Further, Texas is required to The following discussion summarizes 3, 2004), slip opinion at page 22 note 11. submit a revision to the SIP containing and responds to relevant comments. additional contingency measures to A. Comments in Support of Option 1: 9 These are the 1990 FMVCP, Phase 2 RVP, and meet post-1996–2005 ROP requirements About Half of Comments From Private the I/M and RACT fix-ups. and for failure to attain by the 2005 10 See U.S. EPA, (1994), Guidance on the Post- Citizens Supported Reclassification to attainment date. See 57 FR 13498, 13511 1996 Rate-of-Progress Plan (RPP) and Attainment Severe, Including Comment Letters Demonstration, EPA–452/R–93–015 (Corrected (1992). version of February 18, 1994). An electronic copy From Two of the Three Litigants in the may be found on EPA’s web site at http:// XIII. What Are the Impacts on the Title 5th Circuit Sierra Club v. EPA Court www.epa.gov/ttn/oarpg/t1pgm.html (file name: V Program? Case ‘‘post96_2.zip’’). 11 EPA believes that such date cannot be any later In accordance with a serious The following summarizes these than November 15, 2005. classification, the major stationary comments and EPA’s responses.

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Comment 1: Commenters believe that manufacturers’ settlement agreement to the State’s Plan including any emissions the air must be cleaned up and that the accomplish the anticipated levels of estimates. EPA and industry should take the steps diesel engine retrofits (EMA v. EPA, DC Comment 4: The EPA failed necessary to protect the life, health, Cir. Nos. 01–1129 and 02–1080), the adequately to explain the basis for its welfare, safety and environment for State’s awareness of considerably higher RACM conclusion in the rulemaking. citizens. They argued that classification actual emissions from many refineries The prior RACM analysis is now stale to severe is required by the CAA in this and chemical plants from malfunctions and must be completely revised, both to circumstance and is long overdue. More and other conditions. Moreover, the address changed circumstances (i.e., monitoring, better regulations, and EPA should identify in this final newly available control measures) and specific measures required for BPA will rulemaking BPA’s planning inventory, the advanced attainment date and protect the public. versus the ‘‘overall’’ emissions concomitant additional emissions Response 1: The EPA agrees that it is inventory described in the reductions. necessary to reclassify the BPA area to Supplemental Proposal notice. Response 4: We agree that the ensure that the court ruling regarding Response 3: The EPA agrees that the previous RACM analysis must be our extension of the BPA attainment required attainment demonstration SIP revised. As a result of the Fifth Circuit’s date based upon the Transport Policy is revision and the revised MVEB, as well decision, the RACM analysis associated adequately addressed. We do not, as the ROP plans, must incorporate with the State’s 2007 attainment date however, agree that it is necessary to MOBILE6 emissions factors. Further, the demonstration is no longer applicable reclassify the area as severe to ensure State must consider the impact of since it was based on a 2007 attainment the BPA area attains in the most timely revised or current information, e.g., the date. A new RACM analysis will be manner. Option 1 or Option 2 both most accurate mobile source emissions required to be submitted for the BPA result in attainment as expeditiously as estimates (including any variation due area that addresses the 2005 attainment practicable but no later than November to underestimations such as those for date and any other changed 2005. Therefore, as explained in later the long-haul truck reflashing), present circumstances. comments we believe that the choice of growth predictions, effectiveness of The Court affirmed the portion of our Option 2 will yield air quality that control measures, etc., when developing May 15, 2001, final action that treats as complies with the NAAQS for ozone as the revised SIP for BPA. Whatever data potential RACMs only those measures expeditiously as Option 1. is presently available to the State that would advance the attainment date Comment 2: Some of the commenters concerning the impact of upset/ and that considers implementation costs voiced skepticism that there is a HG malfunctions and other conditions on when rejecting certain control. The transport problem and believe the the emissions from refineries and Court agreed, however, with the pollution problem is created within the chemical plants must also be addressed. commenters that the EPA failed BPA area. Others commented that the The motor vehicle emissions budgets adequately to explain the basis for its State must account for and overcome submitted by the State with the BPA RACM conclusion, and remanded it to problems caused by intrastate air transport attainment demonstration are EPA. According to the Court’s order, the pollution. Texas has the duty under the no longer valid as they were based on EPA’s analysis must: (1) demonstrate an Act to ensure that its overall statewide a November 15, 2007, attainment date. examination of all relevant data; and (2) SIP (i.e., the amalgamation of regional Therefore, the budgets submitted for the provide a plausible explanation for the and area SIPs) quantifies and new SIP must be prepared using the rejection of proposed RACMs including compensates, through additional MOBILE6 emissions factor model and why the measures, individually and in emissions reductions, for the effects of the revised SIP must contain budgets combination, would not advance the upwind areas’ air pollution on based on MOBILE6 modeling. The Clean BPA area’s attainment date. downwind areas, as the State explains is Air Act section 172(c)(3) and 40 CFR The State is responsible for one reason compromising the BPA 51.112(a)(1) require that the inventories performing and submitting a new RACM area’s ability to demonstrate attainment. and control measures be based on the analysis for EPA use in determining SIP Response 2: The Court’s December 11, most current information available approval. EPA will consider as adequate 2002, decision invalidated the EPA’s when a SIP is developed. an RACM analysis by the State application of the Transport Policy to We agree that the planning inventory containing the factors outlined in the the BPA area and Texas’ ability to rely the State uses in developing the Court’s December 11, 2002, ruling, on it. As a result, the State will need to required SIP revision must include all when evaluating the use of RACM in the take whatever measures are required for sources of emissions, including biogenic SIP approval process. the BPA area to attain no later than emissions. In our supplemental notice, Comment 5: A Commenter asserted November 15, 2005. This will include we did not mean to imply the figures in that Texas must expedite its one hour measures to address any transport from our supplemental notice were ozone SIP submittal to accomplish the HG area and any measures required acceptable for SIP planning purposes. improved air quality as expeditiously as to address the local sources in the BPA Our comment accurate estimates of practicable. The commenter contended area. Since the EPA believes that both biogenic emissions generally are not that if EPA had acted legally, there situations, local emissions or transport available, and that rough estimates would already be an approved SIP with from the HG area, can result in typically relied on can inflate and implementation of control measures. It exceedances in the BPA area, we will distort SIP emissions inventories, is not appears that rather than expediting expect the State’s attainment modeling relevant to this rulemaking. Texas will revision of the SIP, Texas is prolonging demonstration to encompass both types need to incorporate the best available the period of unhealthful air quality by of events. estimate of biogenic emissions in its delaying action to identify and adopt Comment 3: The BPA area’s emissions revised SIP. There will be an necessary further controls to improve inventory must be updated to reflect opportunity for the public to comment the area’s air quality to meet the one current actual emissions, including on the State’s estimates during the hour ozone standard. incorporation of MOBILE6 emissions State’s comment period. There will also Response 5: In this final action, the factors, consideration of the effect of the be the opportunity to comment on the EPA finds a one year deadline is failure of the heavy duty diesel engine EPA’s action approving or disapproving appropriate for the State of Texas to

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submit the required revised SIP, a new in the BPA area as expeditiously as has been a clear downward trend in MVEB, and a re-analysis of RACM. The practicable but no later than November ambient ozone measurements for the State has already started efforts for re- 15, 2005, and meets all of the Act’s BPA area. analysis using MOBILE6, initiated other requirements, Texas may select Response 1: The EPA is required by emission inventory and modeling whatever mix of control measures it the Fifth Circuit’s decision to make a activities, and intends to propose the desires. Union Elec. Co. v. EPA, 427 determination as to whether BPA new SIP this Spring, and the EPA U.S. 246 (1976). With this rule, it is now attained by November 15, 1996. Since believes that on or before one year after the responsibility of the State of Texas the BPA area failed to attain by 1996, the effective date of this rule is as to identify and adopt measures to enable BPA cannot remain classified as expeditiously as practicable and a attainment as expeditiously as ‘‘moderate.’’ reasonable time for submittal. Moreover, practicable but no later than November While there has been general many of the more stringent NOX control 15, 2005, and meet the other improvement in the ozone design values measures in the current SIP were requirements of the Act, including the throughout the years, the area has yet to implemented in 2003. Therefore, local serious area classification requirements, attain the one hour NAAQS. This final controls are continuing to be imposed in the requirements for the rate of progress, rule is making a final determination that the area to reduce the ozone and RACM, contingency measures plan, the BPA area failed to attain by concentration levels. demonstrating attainment as November 15, 1996, thereby Comment 6: A commenter urged that expeditiously as practicable, etc. EPA reclassifying by operation of law the EPA must not further delay issuing a does not have the authority to require BPA area to serious, and is establishing SIP call for a revised one hour ozone SIP specific measures for the State at this an attainment date of as expeditiously in accordance with the Court’s time. If control of flares from source as practicable but no later than direction. The 8-hour ozone standard categories is not required for November 15, 2005. will require a separate planning effort. expeditious attainment or to meet Comment 2: EPA is authorized to Response 6: Today’s final action RACT, the State must evaluate whether adopt Option 2 and should do so serves a function similar to that of a SIP control of flares from source categories because it is fair. Commenters call in that it requires a revised 1-hour is an RACM. It is the role of the State, contended that because EPA did not ozone SIP that must be submitted not EPA, to be the first to identify timely issue a determination for within one year of the effective date of specific measures consistent with the attainment, it is empowered to extend this final action. Since we have not yet BPA area’s particular emissions the attainment date when it reclassifies promulgated a final rule for inventory. The EPA will provide an area. Commenters also asserted that implementation of the 8-hour ozone assistance and guidance to Texas in this a second reclassification to severe standard, we cannot speculate whether effort. would unfairly punish an area, whose a state may combine its 1-hour ozone Comment 9: Commenters question air quality has improved over the years. serious area CAA requirements with an whether Texas has already implemented A commenter argued that the Clean Air 8-hour ozone planning effort. Please see measures creditable toward the 1999 Act contemplates that states will have a Section XIV, B, response to comment 5 and 2002 ROP milestones. Texas must prospective opportunity to bring for further information. make a detailed showing of what control reclassified areas into attainment. A Comment 7: A commenter urges EPA measures are creditable for past ROP petitioner stated that ‘‘where EPA’s to impose offset sanctions as a result of obligations, and for exactly what failure to meet its own deadline impacts the inadequacy of the BPA area’s quantity of emissions reductions. the lead time Congress intended to submitted SIP. Response 9: EPA agrees that Texas provide states to obtain the standard Response 7: EPA does not believe that must submit 1999 and 2002 ROP plans after reclassification, then EPA may also discretionary sanctions are appropriate that contain specifics and details to extend the attainment date.’’ in this instance where the State has demonstrate clearly whether previously Response 2: EPA believes that a made submissions in reliance on EPA implemented control measures meet further determination for failure to policies, and mandatory sanctions these ROP obligations. See Section XII attain by November 25, 1999 and would not be imposed unless EPA for our discussion on these reclassification by operation of law to disapproves a SIP submission. New SIP requirements. severe is not appropriate in light of the submission schedules for the specific history, facts, and requirements imposed as a result of the B. Comments in Support of Option 2: circumstances for the BPA area. Option failure to attain determination for The Remaining Letters From Private 2 is fair for the unique circumstances Beaumont, are just now being made. Citizens, and 23 other Letters From BPA presented by the BPA area. From The State should have an opportunity to Area Cities, Judges, Chambers of discussions we believe that a unique meet these new obligations before Commerce, Business/Industry Groups, plan will be developed for the BPA area sanctions are imposed. Metropolitan Planning Organizations, that will still expeditiously attain the Comment 8: A commenter argues that and the Texas Commission on standard yet not unduly ‘‘punish’’ the Congress provided EPA with authority Environmental Quality (TCEQ) area. to require the BPA SIP to ‘‘include such Commented in Opposition to Option 1 Comment 3: The BPA area should not additional measures as the These comments are summarized and be reclassified as severe, as this Administrator may reasonably discussed here. classification would create unnecessary prescribe.’’ 42 U.S.C. 7509(d)(2). The Comment 1: Many commenters economic burdens for the BPA area, as commenter asserts that EPA should supported Option 2, a reclassification to well as being unfair to the BPA area. require, among other things, control of serious with an attainment date of Response 3: Since the BPA area is not flaring. See, for example, Santa Barbara November 15, 2005. Some of the being reclassified to severe, the County Air Pollution Control District commenters stated that the area should perceived unnecessary economic Rule 359. not be reclassified at all. Commenters burdens will not occur. Nevertheless, Response 8: As long as the State argued that extensive emission under the provisions of the CAA the submits a SIP that demonstrates reduction activities have already been EPA does not have the authority to attainment of the 1-hour ozone standard implemented, and that since 1972 there consider any potential economic

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consequences arising from a to the 8-hour ozone standard is only a for moderate nonattainment areas set reclassification for nonattainment of an proposal. The EPA presently has no forth in the Act. NAAQS. Under section 181(b)(2)(A), the authority to waive the State’s obligation • The area is reclassified by operation attainment determination is made solely to submit a 1-hour SIP and to meet the of law as a serious 1-hour ozone on the basis of air quality data, and any CAA requirements to attain the 1-hour nonattainment area, reclassification is by operation of law. If ozone NAAQS. It is currently the State’s • We are establishing an attainment an area is reclassified, the more responsibility to perform planning and date of as expeditiously as practicable stringent requirements apply SIP activities and submittals to meet the but no later than November 15, 2005. irrespectively of economic 1-hour NAAQS for ozone. EPA is in the • The contingency measures plan for considerations. process of evaluating comments on its failure to attain is triggered upon the It is, however, appropriate for a state June 2 proposal, and will address these effective date of this final action. to consider specific economic impacts issues in its final action. • The State of Texas must backfill in meeting the new requirements and in Comment 5: A number of the this contingency measures plan for developing specific regulatory commenters state that pollutants failure to attain. requirements for specific sources. For transported into Southeast Texas from • We are adjusting the dates by which example, an entity proposed to be the HG area, which cannot be locally the area must meet the 1999 and 2002 regulated by Texas to meet RACT, may controlled, are prohibiting the BPA area rate-of-progress (ROP) requirements and seek a case-specific RACT from attaining. Commenters believe that adjusting contingency measure determination by the State, based on the BPA area already has sufficient requirements as they relate to the ROP economic or technical hardship. Texas controls in place, or that will take effect requirements. may also consider implementation costs • shortly (e.g., 44% NOX controls), and The State of Texas is no longer when rejecting certain control measures due to transport it is unlikely that any required to submit an MCR by May 1, in its proposed RACM analysis. This new local control measures would lead 2004. consideration for RACM was to more expeditious attainment. They • The State of Texas is to submit the specifically upheld in the Court’s ruling. request the EPA to validate the transport required revised SIP, a new MVEB, and EPA must approve a SIP revision if it of air from the HG area. a re-analysis of RACM, on or before one meets the requirements of the Act, even Response 5: While EPA agrees that the year after the effective date of this Final if it is more stringent. Union Elec. Co. BPA area is affected by transport from action. v. EPA, 427 U.S. 246 (1976). outside the area by the upwind HG area, Additionally, actions (such as the XVI. Statutory and Executive Order the U.S. Court of Appeals for the Fifth approval of a SIP revision) that merely Reviews Circuit ruled on December 11, 2002 that approve state law as meeting federal EPA is precluded from extending the A. Executive Order 12866, Regulatory requirements and impose no additional BPA area’s attainment date using the Planning and Review requirements beyond those imposed by Transport Policy. At the time the State’s state law, are not subject to economic Under Executive Order 12866 (58 FR current SIP revision was submitted, the impact analysis under the Regulatory 51735, October 4, 1993), EPA is required Transport Policy was used to analyze Flexibility Act (5 U.S.C. 601 et seq.). to determine whether regulatory actions the SIP revisions, and EPA believes that Such consideration is up to the state are significant and therefore should be Texas demonstrated that during some under applicable state administrative subject to Office of Management and procedure laws. Details on the State’s exceedances in the BPA area, ozone Budget (OMB) review, economic assessments of financial impact flowing levels are affected by emissions from the analysis, and the requirements of the from the required new SIP revision will HG area, and that the HG area emissions Executive Order. The Executive Order be found in the Texas proposed SIP affect BPA’s ability to meet attainment defines a ‘‘significant regulatory action’’ documents, and must be made available of the 1-hour ozone standard. The as one that is likely to result in a rule by Texas to the public when Texas Court’s ruling, however, invalidated the that may meet at least one of the four conducts its public participation. EPA’s interpretation of the Act reflected criteria identified in section 3(f), Comment 4: EPA should waive Texas’ in the policy by which an attainment including, under paragraph (1), that the obligation to submit a 1-hour attainment date extension based on transport was rule may ‘‘have an annual effect on the demonstration SIP for BPA. This would granted to the BPA area. economy of $100 million or more or be consistent with options EPA XV. EPA Action adversely affect, in a material way, the proposed in the June 2, 2003 Federal economy, a sector of the economy, Register for transitioning from the 1- EPA is taking the following actions: productivity, competition, jobs, the • hour to the 8-hour ozone standard and We are withdrawing our final action environment, public health or safety, or would allow Texas to focus its limited that extended the attainment date to state, local or tribal governments or air quality planning resources on the November 15, 2007, and approved the communities.’’ more protective 8-hour standard. If EPA transport demonstration (66 FR 26914). The Agency has determined that requires Texas to submit a 1-hour • We are withdrawing our final findings of nonattainment would result attainment demonstration SIP, the SIP approval of BPA’s 2007 attainment in none of the effects identified in should be due no earlier than one year demonstration SIP, the Mobile Vehicle section 3(f) of the Executive Order. after EPA’s final reclassification action. Emissions Budget (MVEB), the mid- Under section 181(b)(2) of the CAA, Response 4: The June 2, 2003 Federal course review commitment (MCR), and determinations of nonattainment are Register proposal notice for our finding that BPA implemented all based upon air quality considerations transitioning from the 1-hour to the 8- Reasonable Available Control Measures and the resulting reclassifications must hour ozone standard solicits comment (RACM). occur by operation of law. They do not, on whether to retain the 1-hour ozone • Pursuant to section 181 (b), we find in and of themselves, impose any new attainment demonstration requirement that BPA has failed to attain the 1-hour requirements on any sectors of the for areas like BPA. ozone national ambient air quality economy. In addition, because the The June 2, 2003 Federal Register standard (NAAQS or standard) by statutory requirements are clearly notice for transitioning from the 1-hour November 15, 1996, the attainment date defined with respect to the differently

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classified areas, and because those analysis of the RFA implications of G. Executive Order 13132, Federalism requirements are automatically triggered attainment determinations. Therefore, by the resulting classifications that, in pursuant to 5 U.S.C. 605(b), I certify that Executive Order 13132, entitled turn, are triggered by air quality values, this final action does not have a Federalism (64 FR 43255, August 10, determinations of nonattainment and significant impact on a substantial 1999) requires EPA to develop an reclassifications cannot be said to number of small entities within the accountable process to ensure impose a materially adverse impact on meaning of those terms for RFA ‘‘meaningful and timely input by state state, local, or tribal governments or purposes. and local officials in the development of communities. regulatory policies that have Federalism E. Unfunded Mandates Reform Act implications.’’ ‘‘Policies that have B. National Technology Transfer and Federalism implications’’ is defined in Advancement Act Under section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA), the Executive Order to include Section 12(d) of the National signed into law on March 22, 1995, EPA regulations that have ‘‘substantial direct Technology Transfer and Advancement must prepare a budgetary impact effects on the states, on the relationship Act of 1995 (NTTAA), Public Law 104– statement to accompany any proposed between the national government and 113, section 12(d) (15 U.S.C. 272 note) or final rule that includes a Federal the states, or on the distribution of directs EPA to use voluntary consensus mandate that may result in estimated power and responsibilities among the standards in its regulatory activities annual costs to state, local, or tribal various levels of government.’’ Under unless to do so would be inconsistent governments in the aggregate, or to the Executive Order 13132, EPA may not with applicable law or otherwise private sector, of $100 million or more. issue a regulation that has Federalism impractical. Voluntary consensus Under section 205, EPA must select the implications, that imposes substantial standards are technical standards (e.g., most cost-effective and least direct compliance costs, and that is not materials specifications, test methods, burdensome alternative that achieves required by statute, unless the Federal sampling procedures, and business the objectives of the rule and is Government provides the funds practices) that are developed or adopted consistent with statutory requirements. necessary to pay the direct compliance by voluntary consensus standards Section 203 requires EPA to establish a costs incurred by state and local bodies. The NTTAA directs EPA to plan for informing and advising any governments, or EPA consults with state provide Congress, through OMB, small governments that may be and local officials early in the process explanations when the Agency decides significantly or uniquely impacted by of developing the proposed regulation. not to use available and applicable the rule. EPA also may not issue a regulation that voluntary consensus standards. EPA believes, as discussed previously This final action to reclassify the BPA has Federalism implications and that in this document, that the findings of area as a serious ozone nonattainment preempts state law unless the Agency nonattainment are a factual area and to adjust applicable deadlines consults with state and local officials determination based upon air quality does not involve technical standards. early in the process of developing the considerations and that the resulting Therefore, EPA did not consider the use proposed regulation. Determinations of reclassifications occur by operation of of any voluntary consensus standards. nonattainment and the resulting law. Thus, EPA believes that the reclassifications of nonattainment areas C. Paperwork Reduction Act findings do not constitute a Federal by operation of law will not have This final action to reclassify the BPA mandate, as defined in section 101 of substantial direct effects on the states, area as a serious ozone nonattainment the UMRA, because they do not impose on the relationship between the national area and to adjust applicable deadlines an enforceable duty on any entity. government and the states, or on the does not impose an information F. Executive Order 13045, Protection of distribution of power and collection burden under the provisions Children From Environmental Health responsibilities among the various of the Paperwork Reduction Act of 1995 Risks and Safety Risks levels of government, as specified in (44 U.S.C. 3501 et seq.). Executive Order 13132 (64 FR 43255, Executive Order 13045, Protection of D. Regulatory Flexibility Act August 10, 1999), because such an Children from Environmental Health action does not, in and of itself, impose The Regulatory Flexibility Act (RFA) Risks and Safety Risks (62 FR 19885, any new requirements on any sectors of generally requires an agency to conduct April 23, 1997), applies to any rule that: the economy, and does not alter the (1) Is determined to be economically a regulatory flexibility analysis of any relationship or the distribution of power significant as defined under Executive rule subject to notice and comment and responsibilities established in the Order 12866, and (2) concerns an rulemaking requirements unless the CAA. Thus, the requirements of section environmental health or safety risk that agency certifies that the rule will not 6 of the Executive Order do not apply have a significant economic impact on EPA has reason to believe may have a to these actions. a substantial number of small entities. disproportionate effect on children. If Small entities include small businesses, the regulatory action meets both criteria, H. Executive Order 13175, Coordination small not-for-profit enterprises, and the Agency must evaluate the With Indian Tribal Governments small governmental jurisdictions. environmental health or safety effects of Determinations of nonattainment and the planned rule on children, and This final rule also does not have the resulting reclassifications of explain why the planned regulation is tribal implications because it will not nonattainment areas by operation of law preferable to other potentially effective have a substantial direct effect on one or under section 181(b)(2) of the CAA do and reasonably feasible alternatives more Indian tribes, on the relationship not in and of themselves create any new considered by the Agency. This final between the Federal Government and requirements. Instead, this rulemaking action is not subject to Executive Order Indian tribes, or on the distribution of only makes a factual determination, and 13045 because this is not an power and responsibilities between the does not directly regulate any entities. economically significant regulatory Federal Government and Indian tribes, See 62 FR 60001, 60007–8, and 60010 action as defined by Executive Order as specified by Executive Order 13175 (November 6, 1997) for additional 12866. (65 FR 67249, November 9, 2000).

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I. Executive Order 13211, Actions That the Federal Register. This rule is not a Dated: March 18, 2004. Significantly Affect Energy Supply, ‘‘major rule’’ as defined by 5 U.S.C. Richard E. Greene, Distribution, or Use 804(2). Regional Administrator, Region 6. Under Executive Order 13211, K. Petitions for Judicial Review I Parts 52 and 81, chapter I, title 40 of ‘‘Actions Concerning Regulations That the Code of Federal Regulations are Significantly Affect Energy Supply, Under section 307(b)(1) of the Clean amended as follows: Distribution, or Use’’ (66 FR 28355, May Air Act, petitions for judicial review of 22, 2001), EPA must prepare for those this action must be filed in the United PART 52—[AMENDED] matters identified as significant energy States Court of Appeals for the I actions. A ‘‘Significant energy action’’ is 1. The authority citation for part 52 appropriate circuit by June 1, 2004. continues to read as follows: any action by an agency (normally Filing a petition for reconsideration by Authority: 42 U.S.C. 7401 et seq. published in the Federal Register) that the Administrator of this final rule does promulgates or is expected to lead to the not affect the finality of this rule for the promulgation of a final rule or Subpart SS—Texas purposes of judicial review nor does it regulation, including notices of inquiry, § 52.2270 [Amended] advance notices of proposed extend the time within which a petition rulemaking, and notices of proposed for judicial review may be filed, and I 2. In § 52.2270(e), the table entitled rulemaking, that is a significant shall not postpone the effectiveness of ‘‘EPA Approved Nonregulatory regulatory action under Executive Order such rule or action. This action to Provisions and Quasi-Regulatory 12866 and is likely to have a significant reclassify the BPA area as a serious Measures in the Texas SIP’’ is amended adverse effect on the supply, ozone nonattainment area and to adjust by removing the following four entries distribution, or use of energy. Under applicable deadlines may not be for the Beaumont/Port Arthur, Texas, Executive Order 12866, this action is challenged later in proceedings to area approved by EPA 5/15/01, 66 FR not a ‘‘significant regulatory action.’’ For enforce its requirements. (See section 26939: Attainment Demonstration for the this reason, findings of nonattainment 307(b)(2).) 1-hour Ozone NAAQS; Ozone and the resulting reclassifications of Attainment Date Extension to 11/15/07; nonattainment areas are also not subject List of Subjects Commitment by Texas to perform a mid- to Executive Order 13211. 40 CFR Part 52 course review and submit a SIP revision by 05/01/04; and Finding that BPA area J. Congressional Review Act Environmental protection, Air is implementing all Reasonably The Congressional Review Act, 5 pollution control, Carbon monoxide, Available Control Measures. U.S.C. 801 et seq., as added by the Small Intergovernmental relations, Nitrogen Business Regulatory Enforcement oxides, Ozone, Reporting and PART 81—[AMENDED] Fairness Act of 1996, generally provides recordkeeping requirements, Volatile I 1. The authority citation for part 81 that before a rule may take effect, the organic compounds. agency promulgating the rule must continues to read as follows: submit a rule report, which includes a 40 CFR Part 81 Authority: 42 U.S.C. 7401 et seq. copy of the rule, to each House of the I Environmental protection, Air 2. In § 81.344 the table entitled Congress and to the Comptroller General ‘‘Texas—Ozone (1-hour standard)’’ is pollution control, National parks, of the United States. EPA will submit a amended by revising the entries for the Wilderness areas. report containing this rule and other Beaumont/Port Arthur area to read as required information to the U.S. Senate, Authority: 42 U.S.C. 7401 et seq. follows: the U.S. House of Representatives, and the Comptroller General of the United § 81.344 Texas. States prior to publication of the rule in * * * * *

TEXAS—OZONE (1-HOUR STANDARD)

Designation Classification Designated area Date 1 Type Date 1 Type

Beaumont/Port Arthur Area: Hardin County ...... 11/15/1990 Nonattainment ...... 4/29/2004 Serious. Jefferson County ...... 11/15/1990 Nonattainment ...... 4/29/2004 Serious. Orange County ...... 11/15/1990 Nonattainment ...... 4/29/2004 Serious.

******* 1 This date is October 18, 2000, unless otherwise noted.

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[FR Doc. 04–6929 Filed 3–29–04; 8:45 am] may also be purchased from the to give meaning to section 272(b)(1)’s BILLING CODE 6560–50–P Commission’s duplicating contractor, ‘‘operate independently’’ language. The Qualex International, Portals II, 445 Commission reaffirms the conclusion of 12th Street, SW., Room CY–B402, the previous Commission that section FEDERAL COMMUNICATIONS Washington, DC 20554, telephone 202– 272(b)(1) is ambiguous. An agency is COMMISSION 863–2893, facsimile 202–863–2898, or free to modify its interpretation of an via e-mail [email protected]. It is also ambiguous statutory provision when 47 CFR Part 53 available on the Commission’s Web site other reasonable interpretations may at http://www.fcc.gov. [WC Docket No. 03–228; FCC 04–54] exist, provided that it acknowledges its Synopsis of the Report and Order change of course and provides a rational Section 272(b)(1)’s ‘‘Operate basis for its shift in policy. In fact, a 1. Background. Sections 271 and 272 Independently’’ Requirement for reexamination of rules is particularly of the Communications Act, as Section 272 Affiliates appropriate where, as here, the amended, establish a comprehensive Commission has gained more AGENCY: Federal Communications framework governing BOC provision of experience over time and new ways of Commission. ‘‘interLATA service.’’ Pursuant to achieving regulatory goals have ACTION: Final rule. section 271, neither a BOC nor a BOC developed. In the instant situation, the affiliate may provide in-region, Commission has chosen to reexamine SUMMARY: This document adopts rules interLATA service prior to receiving the rules adopted to implement section eliminating the Commission’s section 271(d) authorization from the 272(b)(1) in light of its eight years of Operating, Installation, and Commission. Section 272 requires experience in implementing the 1996 Maintenance (OI&M) sharing BOCs, once authorized to provide in- Act (including applicable cost allocation prohibition. The Commission finds that, region, interLATA services in a state and nondiscrimination rules), its in light of the other existing section 272 under section 271, to provide those additional experience with monitoring non-structural requirements, services through a separate affiliate until section 272 affiliates, and, more eliminating the OI&M sharing the section 272 separate affiliate generally, the growth of competition in prohibition would neither materially requirement sunsets for that particular all telecommunications markets. Thus, increase Bell operating companies’ state. In addition, section 272 imposes the Commission concludes that it (BOCs) abilities or incentives to structural and transactional should eliminate the OI&M sharing requirements on section 272 separate misallocate costs or discriminate against prohibition but retain the joint facilities affiliates, including the requirement to unaffiliated rivals, nor would it ownership restriction under section diminish the ability of the Commission ‘‘operate independently’’ from the BOC. 2. Section 272(b)(1) directs that the 272(b)(1), consistent with its obligation to monitor and enforce compliance with to implement the statutory directive that the Act. The Commission finds that separate affiliate required pursuant to section 272(a) ‘‘shall operate the section 272 affiliate and the BOC there is sufficient evidence to show that ‘‘operate independently.’’ the OI&M sharing prohibition has independently from the [BOC].’’ In increased the section 272 affiliates’ 1996, the Commission adopted rules to 4. Operating, Installation, and operating costs, and that the elimination implement the ‘‘operate independently’’ Maintenance Services. The Commission of the OI&M sharing prohibition would requirement that prohibit a BOC and its finds that the OI&M prohibition is an likely result in substantial cost savings section 272 affiliate from (1) jointly overbroad means of preventing anti- to the affiliates and enable the affiliates owning switching and transmission competitive conduct and poses to compete more effectively in the facilities or the land and buildings on significant costs that outweigh any interexchange market. Therefore, the which such facilities are located; and (2) potential benefits. Because the Commission concludes that the OI&M providing OI&M services associated prohibition on OI&M sharing is not sharing prohibition poses significant with each other’s facilities. The directly compelled by section 272(b)(1), adverse consequences that outweigh any Commission’s rules prohibit a section the Commission eliminates sections potential benefits of enforcing structural 272 affiliate from performing OI&M 53.203(a)(2) through (a)(3) of its rules. separation of OI&M services, given the functions associated with the BOC’s The Commission concludes that the protections afforded to consumers and facilities. Likewise, they bar a BOC or remaining section 272 requirements, competitors by section 272’s other non- any BOC affiliate, other than the section together with its other non-structural structural safeguards. 272 affiliate itself, from performing safeguards, will continue to serve as OI&M functions associated with the effective protections against DATES: Effective March 30, 2004. facilities that its section 272 affiliate anticompetitive conduct by BOCs FOR FURTHER INFORMATION CONTACT: owns or leases from a provider other following elimination of the OI&M Christi Shewman, Attorney-Advisor, than the BOC with which it is affiliated. sharing prohibition. In the context of Wireline Competition Bureau, at On November 3, 2003, the Commission OI&M functions, the Commission (202)418–1686 or via the Internet at adopted the Notice of Proposed concludes that the existing non- [email protected]. Rulemaking (68 FR 65665, November structural safeguards are well-tailored SUPPLEMENTARY INFORMATION: This is a 21, 2003) in this proceeding to seek and sufficient to provide effective and summary of the Commission’s Report comment on whether it should modify efficient protections against cost and Order (R&O) in WC Docket No. 03– or eliminate the rules adopted to misallocation and discrimination by 228, FCC 04–54, adopted March 11, implement section 272(b)(1)’s ‘‘operate BOCs. Based on the record in this 2004 and released March 17, 2004. The independently’’ requirement, including proceeding, the Commission does not complete text of this R&O is available the OI&M sharing prohibition. expect that eliminating the OI&M for inspection and copying during 3. ‘‘Operate Independently.’’ In this sharing prohibition will materially normal business hours in the FCC Order, the Commission rejects increase BOCs’ abilities or incentives to Reference Information Center, Portals II, arguments that it must retain both the misallocate costs or discriminate against 445 12th Street, SW., Room CY–A257, OI&M sharing prohibition and the joint unaffiliated rivals in price or Washington, DC 20554. This document facilities ownership restriction in order performance. Nor will eliminating the

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prohibition diminish the ability of the facilitate cost misallocation and Commission finds that it is an overbroad Commission to monitor and enforce discrimination. Based on the record means of preventing cost misallocation compliance with the Act in light of non- presented in this proceeding, the or discrimination by BOCs against structural safeguards. Following Commission continues to believe that, unaffiliated rivals. Further, the Order elimination of the OI&M sharing unlike the OI&M sharing prohibition, retains the prohibition against joint prohibition, the Commission will be the costs of maintaining separate ownership by BOCs and their section able to effectively monitor the ownership of facilities does not 272 affiliates of switching and performance of BOC provision of OI&M outweigh the benefits the rule provides transmission facilities, or the land and functions through application of (1) the against cost misallocation and buildings on which such facilities are other section 272 requirements and (2) discrimination. In making this located, under section 53.203(a)(1) of the Commission’s affiliate transactions determination, the Commission is the Commission’s rules. and cost allocation rules. mindful that the record support for 10. The rules adopted in this Order 5. Costs of the OI&M Sharing eliminating the joint facilities apply only to BOCs and their section Prohibition. The Commission finds that ownership restriction is much more 272 affiliates. Neither the Commission there is sufficient evidence in the record limited and inconclusive than the nor the SBA has developed a small to show that the OI&M sharing record that has been presented on the business size standard specifically prohibition has increased the section OI&M sharing prohibition. Therefore, applicable to providers of incumbent 272 affiliates’ operating costs, and that the Commission retains the joint local exchange service and the elimination of the OI&M sharing facilities ownership restriction to ensure interexchange services. The closest prohibition will likely result in that BOCs and their affiliates continue applicable size standard under the SBA substantial cost savings to the affiliates to operate independently. rules is for Wired Telecommunications and enable the affiliates to compete Carriers. This provides that such a more effectively in the interexchange Final Regulatory Flexibility carrier is small entity if it employs no market. It recognizes that, at the time Certification more than 1,500 employees. None of the the OI&M sharing prohibition was 7. The Regulatory Flexibility Act of four BOCs that would be affected by adopted, the Commission acknowledged 1980, as amended (RFA), requires that amendment of these rules meets this that structural separation may sacrifice an initial regulatory flexibility analysis standard. The Commission next turns to economies of scale and scope. The be prepared for notice-and-comment whether any of the section 272 affiliates Commission, nonetheless, concluded rulemaking proceedings, unless the may be deemed a small entity. Under that the benefits of the OI&M sharing agency certifies that ‘‘the rule will not, SBA regulation 121.103(a)(4), ‘‘SBA prohibition outweighed these costs. It if promulgated, have a significant counts the * * * employees of the now finds, however, that, when the economic impact on a substantial concern whose size is at issue and those historical and projected costs of the number of small entities.’’ The RFA of all its domestic and foreign affiliates OI&M sharing prohibition against generally defines the term ‘‘small * * * in determining the concern’s protections afforded by our structural entity’’ as having the same meaning as size.’’ In that regard, it is noted that, and non-structural safeguards are the terms ‘‘small business,’’ ‘‘small although section 272 affiliates operate considered, the costs of the rule exceed organization,’’ and ‘‘small governmental independently from their affiliated the likely benefits of maintaining the jurisdiction.’’ In addition, the term BOCs, many are 50 percent or more rule. Moreover, the Commission finds ‘‘small business’’ has the same meaning owned by their respective BOCs, and that the likely savings to the section 272 as the term ‘‘small business concern’’ thus would not qualify as small entities affiliates by elimination of the rule, in under the Small Business Act. A ‘‘small under the applicable SBA regulation. conjunction with the BOCs’ adherence business concern’’ is one which: (1) is Moreover, even if the section 272 to our structural and non-structural independently owned and operated; (2) affiliates were not ‘‘affiliates’’ of BOCs, rules, including the cost allocation is not dominant in its field of operation; as defined by SBA, as many are, the rules, supports a finding for the and (3) satisfies any additional criteria Commission estimates that fewer than elimination of the OI&M sharing established by the Small Business fifteen section 272 affiliates would fall prohibition at this time. The Administration (SBA). below the size threshold of 1,500 Commission further finds that the 8. In the Notice, the Commission employees. Particularly in light of the evidence supports BOCs’ claims that the sought comment generally on whether fact that Commission data indicate that OI&M sharing prohibition imposes we should modify or eliminate the rules a total of 261 companies have reported inefficiencies that prevent BOCs from adopted to implement the ‘‘operate that their primary telecommunications competing more effectively in the independently’’ requirement of section service activity is the provision of interexchange market. 272(b)(1) of the Act. Specifically, it interexchange services, the fifteen 6. Joint Facilities Ownership. The sought comment on whether the OI&M section 272 affiliates that may be small joint facilities ownership restriction was sharing prohibition is an overbroad entities do not constitute a ‘‘substantial adopted concurrently with the OI&M means of preventing cost misallocation number.’’ Because the rule amendments sharing prohibition to implement the or discrimination by BOCs against directly affect only BOCs and section ‘‘operate independently’’ requirement of unaffiliated rivals. The Commission also 272 affiliates, based on the foregoing, we section 272(b)(1). The joint facilities sought comment on whether the conclude that a substantial number of ownership restriction, codified in prohibition against joint ownership by small entities will not be affected by the section 53.203(a)(1) of the Commission’s BOCs and their section 272 affiliates of rules. rules, provides that ‘‘[a] section 272 switching and transmission facilities, or 11. Therefore, the Commission affiliate and the BOC of which it is an the land and buildings on which such certifies that the requirements of the affiliate shall not jointly own facilities are located, should be Order will not have a significant transmission and switching facilities or modified or eliminated. economic impact on a substantial the land and buildings where those 9. The Order eliminates the OI&M number of small entities. The facilities are located.’’ In adopting this sharing prohibition, under sections Commission will send a copy of the restriction, the Commission believed 53.203(a)(2) through (a)(3) of the Order, including a copy of this Final that joint ownership of facilities could Commission’s rules, because the Regulatory Flexibility Certification, in a

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report to Congress pursuant to the buildings where those facilities are Authority: 47 U.S.C. 154, 303, 334 and 336. Congressional Review Act. In addition, located. § 73.622 [Amended] the Order and this final certification * * * * * will be sent to the Chief Counsel for [FR Doc. 04–6946 Filed 3–29–04; 8:45 am] I 2. Section 73.622(b), the Table of Advocacy of the SBA, and will be BILLING CODE 6712–01–P Digital Television Allotments under published in the Federal Register. Idaho, is amended by removing DTV Final Paperwork Reduction Act channel 44 and adding DTV channel 13c Analysis FEDERAL COMMUNICATIONS at Nampa. COMMISSION 12. This Report and Order does not Federal Communications Commission. contain information collection(s) subject 47 CFR Part 73 Barbara A. Kreisman, to the Paperwork Reduction Act of 1995 [DA 04–655, MM Docket No. 01–54, RM– Chief, Video Division, Media Bureau. (PRA), Pub. L. 104–13. 9918] [FR Doc. 04–7103 Filed 3–29–04; 8:45 am] Ordering Clauses BILLING CODE 6712–01–P Digital Television Broadcast Service; 13. Pursuant to sections 2, 4(i)–(j), Nampa, ID 272, and 303(r) of the Communications FEDERAL COMMUNICATIONS Act of 1934, as amended, 47 U.S.C. 152, AGENCY: Federal Communications COMMISSION 154(i)–(j), 272, 303(r), the Report and Commission. ACTION: Final rule. Order is adopted. 47 CFR Part 73 14. Pursuant to sections 1.103(a) and SUMMARY: The Commission, at the 1.427(b) of the Commission’s rules, 47 request of Idaho Independent CFR 1.103(a), 1.427(b), that this Report [DA 04–676; MB Docket No. 03–163; RM– Television, Inc., substitutes DTV and Order and Memorandum Opinion 10734] channel 13c for DTV channel 44 at and Order shall be effective upon Nampa, Idaho. See 66 FR 12752, Radio Broadcasting Services; Fortuna publication of the Report and Order in February 28, 2001. DTV channel 13c can Foothills and Wellton, AZ the Federal Register. be allotted to Nampa, Idaho, in 15. The Commission’s Consumer and compliance with the principle AGENCY: Federal Communications Governmental Affairs Bureau, Reference community coverage requirements of Commission. Information Center, shall send a copy of § 73.625(a) at reference coordinates 43– this Order, including the Final ACTION: Final rule; denial of petition for 45–18 N. and 116–05–52 W. with a Regulatory Flexibility Certification, to power of 17, HAAT of 829 meters and reconsideration. the Chief Counsel for Advocacy of the with a DTV service population of 391 Small Business Administration. thousand. With this action, this SUMMARY: This document denies a List of Subjects in 47 CFR Part 53 proceeding is terminated. Petition for Reconsideration filed by DATES: Effective May 3, 2004. Dana J. Puopolo directed at the Report Telecommunications, Special and Order in this proceeding, which FOR FURTHER INFORMATION CONTACT: Pam Provisions concerning Bell operating dismissed the Petition for Rulemaking companies. Blumenthal, Media Bureau, (202) 418– 1600. requesting the allotment of Channel Federal Communications Commission. 240A to Fortuna Foothills, and SUPPLEMENTARY INFORMATION: Marlene H. Dortch, This is a substituting Channel 248A for vacant synopsis of the Commission’s Report Secretary. Channel 240A at Wellton, Arizona to and Order, MM Docket No. 01–54, accommodate the allotment at Fortuna Final Rules adopted March 9, 2004, and released Foothills. See 68 FR 61788, published March 19, 2004. The full text of this I For the reasons discussed in the document is available for public October 30, 2003. With this action, the preamble, the Federal Communications inspection and copying during regular proceeding is terminated. Commission amends 47 CFR part 53 as business hours in the FCC Reference follows: FOR FURTHER INFORMATION CONTACT: Information Center, Portals II, 445 12th Rolanda F. Smith, Media Bureau, (202) PART 53—SPECIAL PROVISIONS Street, SW., Room CY–A257, 418–2180. CONCERNING BELL OPERATING Washington, DC. This document may SUPPLEMENTARY INFORMATION: This is a COMPANIES also be purchased from the Commission’s duplicating contractor, synopsis of the Commission’s I 1. The authority citation for part 53 Qualex International, Portals II, 445 Memorandum Opinion and Order, continues to read as follows: 12th Street, SW., CY–B402, Washington, adopted March 12, 2004, and released Authority: Sections 1–5, 7, 201–05, 218, DC 20554, telephone 202–863–2893, March 15, 2004. The full text of this 251, 253, 271–75, 48 Stat. 1070, as amended, facsimile 202–863–2898, or via e-mail decision is available for inspection and 1077; 47 U.S.C. 151–55, 157, 201–05, 218, [email protected]. copying during normal business hours 251, 253, 271–75, unless otherwise noted. in the FCC Reference Information Center List of Subjects in 47 CFR Part 73 at Portals II, CY–A257, 445 12th Street, I 2. In § 53.203, revise paragraph (a)(1) to Digital television broadcasting, SW., Washington, DC. The complete read as follows: Television. text of this decision may also be § 53.203 Structural and transactional I Part 73 of title 47 of the Code of Federal purchased from the Commission’s copy requirements. Regulations is amended as follows: contractor, Qualex International, Portals II, 445 12th Street, SW., Room CY–B402, (a) * * * (1) A section 272 affiliate PART 73—[AMENDED] and the BOC of which it is an affiliate Washington, DC 20554, telephone (202) shall not jointly own transmission and I 1. The authority citation for part 73 863–2893, facsimile (202) 863–2898, or switching facilities or the land and continues to read as follows: via e-mail [email protected].

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Federal Communications Commission. Commission’s duplicating contractor, the minimum distance separation John A. Karousos, Qualex International, Portals II, 445 requirements of the Commission’s Assistant Chief, Audio Division, Media 12th Street, SW., Room CY–B402, Rules, provided there is a site restriction Bureau. Washington, DC 20554, telephone 202– 12.7 kilometers (7.9 miles) southeast of [FR Doc. 04–7102 Filed 3–29–04; 8:45 am] 863–2893, facsimile 202–863–2898, or the community. The reference BILLING CODE 6712–01–P via e-mail [email protected]. coordinates for Channel 237A at Quinby are 34–10–23 North Latitude and 79– List of Subjects in 47 CFR Part 73 37–11 West Longitude. The new FEDERAL COMMUNICATIONS Radio, Radio broadcasting. coordinates for Station WIBZ, Channel COMMISSION I Part 73 of Title 47 of the Code of 238A, Wedgefield, South Carolina are Federal Regulations is amended as 33–54–16 North Latitude and 80–19–25 47 CFR Part 73 follows: West Longitude. In addition, this [DA 04–609; MB Docket No. 03–192; RM– document denies the counterproposal 10763] PART 73—RADIO BROADCAST filed by Bulldog Broadcasting requesting SERVICES the allotment of Channel 238C3 at Radio Broadcasting Services; Brazil I 1. The authority citation for Part 73 Greeleyville, South Carolina, as its first and Spencer, IN continues to read as follows: local service, and proposing changes for Station WIBZ, Wedgefield, South AGENCY: Federal Communications Authority: 47 U.S.C. 154, 303, 334, and Carolina and Station WIXV, Savannah, Commission. 336. Georgia to accommodate the allotment ACTION: Final rule. § 73.202 [Amended] at Greeleyville. SUMMARY: In response to a Notice of I 2. Section 73.202(b), the Table of FM DATES: Effective April 26, 2004. A filing Proposed Rulemaking, 68 FR 56810 Allotments under Indiana, is amended window for Channel 237A at Quinby, (October 2, 2003), this document grants by removing Channel 249A and adding South Carolina will not be opened at a petition for rulemaking filed jointly by Channel 224A at Brazil and by removing this time. Instead, the issue of opening Crossroads Investments, Inc., licensee of Channel 224A and adding Channel 249A a filing window for this channel will be Station WSDM–FM, Channel 249A, at Spencer. addressed by the Commission in a subsequent order. Brazil, Indiana, and Mid-America Radio Federal Communications Commission. of Indiana, Inc., licensee of Station John A. Karousos, ADDRESSES: Federal Communications WSKT(FM), Channel 224A, Spencer, Commission, 445 Twelfth Street, SW., Indiana. Channel 224A is substituted for Assistant Chief, Audio Division, Media Bureau. Washington, DC 20554. Channel 249A at Brazil and the license FOR FURTHER INFORMATION CONTACT: for Station WSDM–FM is modified [FR Doc. 04–7101 Filed 3–29–04; 8:45 am] BILLING CODE 6712–01–P Rolanda F. Smith, Media Bureau, (202) accordingly, and Channel 249A is 418–2180. substituted for Channel 224A at Spencer and the license of Station WSKT(FM) is SUPPLEMENTARY INFORMATION: This is a FEDERAL COMMUNICATIONS modified accordingly. Channel 249A is synopsis of the Commission’s Report COMMISSION allotted to Spencer in compliance with and Order, MB Docket No. 03–35, adopted March 10, 2004, and released the Commission’s minimum distance 47 CFR Part 73 separation requirements with a site March 12, 2004. The full text of this restriction of 9.5 kilometers (5.9 miles) [DA 04–610; MB Docket No. 03–35, RM– Commission decision is available for west of the community at Station 10646, 10713, 10714] inspection and copying during regular business hours at the FCC’s Reference WSKT(FM)’s requested site. The Radio Broadcasting Services; coordinates for Channel 249A at Information Center, Portals II, 445 Florence, Greeleyville and Quinby, SC, Twelfth Street, SW., Room CY–A257, Spencer are 39–15–18 NL and 86–51–51 Savannah, GA and Wedgefield, SC WL. Channel 224A allotted to Brazil Washington, DC 20554. The complete with a site restriction of 1.8 kilometers AGENCY: Federal Communications text of this decision may also be (1.1 miles) southwest of the community Commission. purchased from the Commission’s at Station WSDM–FM’s requested site. ACTION: Final rule. duplicating contractor, Qualex The coordinates for Channel 224A at International, Portals II, 445 12th Street, Brazil are 39–30–43 NL and 87–08–19 SUMMARY: The document denies the SW., Room CY–B402, Washington, DC WL. Petition for Rule Making filed by SSR 20554, telephone 202–863–2893, Communications Incorporated facsimile 202–863–2898, or via e-mail DATES: Effective April 26, 2004. proposing the allotment of Channel [email protected]. FOR FURTHER INFORMATION CONTACT: 237A at Florence, South Carolina, as List of Subjects in 47 CFR Part 73 Victoria M. McCauley, Media Bureau, that community’s second FM (202) 418–2180. commercial service. See 68 FR 8728, Radio, Radio broadcasting. SUPPLEMENTARY INFORMATION: This is a published February 25, 2003. The synopsis of the Commission’s Report document grants the counterproposal PART 73—RADIO BROADCAST and Order, MB Docket No. 03–192, filed by Miller Communications, Inc. SERVICES adopted March 10, 2004, and released requesting the allotment of Channel I March 12, 2004. The full text of this 237A at Quinby, South Carolina, as the 1. The authority citation for part 73 Commission decision is available for community’s first local service, and the continues to read as follows: inspection and copying during normal minor change application for Station Authority: 47 U.S.C. 154, 303, 334 and 336. business hours in the FCC Reference WIBZ, Channel 238A, Wedgefield, § 73.202 [Amended] Center (Room 239), 445 12th Street, South Carolina, BPH–20030331AAI. SW., Washington, DC. This document Channel 237A can be allotted to I 2. Section 73.202(b), the Table of FM may also be purchased from the Quinby, South Carolina, consistent with Allotments under South Carolina, is

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amended by adding Quinby, Channel from the Commission’s copy contractor, Chief, Public Safety and Critical 237A. Qualex International, Portals ll, 445 Infrastructure Division at (202) 418— Federal Communications Commission. 12th Street, SW., Room CY–B402, 0838. Washington, DC 20554, telephone 202– Peter H. Doyle, SUPPLEMENTARY INFORMATION: 863–2893, facsimile 202–863–2898, or Chief, Audio Division, Media Bureau. via e-mail [email protected]. The Background [FR Doc. 04–7098 Filed 3–29–04; 8:45 am] document is not subject to the BILLING CODE 6712–01–P Congressional Review Act. The final regulations that are the subject of these corrections amended the Federal Communications Commission. Commission’s rules to include a long- FEDERAL COMMUNICATIONS John A. Karousos, term schedule for the migration of COMMISSION Assistant Chief, Audio Division, Media Private Land Mobile Radio (PLMR) Bureau. systems, using frequencies in the 150– 47 CFR Part 73 [FR Doc. 04–7097 Filed 3–29–04; 8:45 am] 174 MHz and 421–512 MHz bands, to [DA 04–611; MM Docket No. 01–33; RM– BILLING CODE 6712–01–P narrowband technology. 10060] Need for Correction Radio Broadcasting Services; Caro FEDERAL COMMUNICATIONS As published, the final regulations and Cass City, MI COMMISSION contain errors which need to be clarified. Therefore, in the FR Doc 03– 47 CFR Part 90 AGENCY: Federal Communications 18054 published in the Federal Register Commission. [WT Docket No. 99–87; RM–9332; FCC 03– on July 17, 2003, (68 FR 42296) make ACTION: Final rule, petition for 34] the following corrections. reconsideration. Implementation of Sections 309(j) and List of Subjects in 47 CFR Part 90 SUMMARY: This document denies a 337 of the Communications Act of 1934 Communications equipment, Radio, petition for reconsideration filed by as Amended and Promotion of Reporting and recordkeeping Edward Czelada seeking reconsideration Spectrum Efficient Technologies on requirements. of the Report and Order in this Certain Part 90 Frequencies proceeding. See 66 FR 29237 May 20, I Accordingly, 47 CFR part 90 is AGENCY: Federal Communications 2001. The petition for reconsideration corrected by making the following Commission. was opposed by Edwards correcting amendments. Communications, LC, licensee of Station ACTION: Final rule; correcting amendments. PART 90—PRIVATE LAND MOBILE WIDL(FM) Caro, Michigan. RADIO SERVICES FOR FURTHER INFORMATION CONTACT: SUMMARY: This document contains Victoria M. McCauley, Media Bureau, corrections to the final regulations, I 1. The authority citation for part 90 (202) 418–2180. which were published July 17, 2003, (68 continues to read as follows: SUPPLEMENTARY INFORMATION: This is a FR 42296). The Wireless Authority: Sections 4(i), 11, 303(g), 303(r) synopsis of the Commission’s Telecommunications Bureau published and 332(c)(7) of the Communications Act of Memorandum Opinion and Order in final rules in this document revising 1934, as amended, 47 U.S.C. 154(i), 161, MM Docket No. 01–33, adopted March Commission rules in order to promote 303(g), 303(r), 332(c)(7). 10, 2004, and released March 12, 2004. spectrum efficient technologies on I 2. In § 90.20, paragraph (c)(3) is The full text of this decision is available certain frequencies. This document amended by revising the entry for for inspection and copying during corrects typographical errors, as detailed ‘‘42.40’’ to read as follows: normal business hours in the FCC’s below, that the Commission found in Reference Information Center at Portals the original document. § 90.20 Public Safety Pool. II, CY–A257, 445 12th Street, SW., DATES: Effective March 30, 2004. * * * * * Washington, DC. The complete text of FOR FURTHER INFORMATION CONTACT: (c) * * * this decision may also be purchased Brian Marenco, Associate Division (3) * * *

PUBLIC SAFETY POOL FREQUENCY TABLE

Frequency or band Class of station(s) Limitations Coordinator

******* 42.40 ...... do ...... 2, 3, 16...... PP

*******

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Federal Communications Commission. threshold (MFMT) for king and Spanish condition of managed stocks, (2) specify Marlene H. Dortch, mackerel and cobia stocks under the within their fishery management plans Secretary. jurisdiction of the Gulf of Mexico objective and measurable criteria for [FR Doc. 04–6947 Filed 3–29–04; 8:45 am] Fishery Management Council (Council). identifying when the stocks are BILLING CODE 6712–01–P DATES: This final rule is effective April overfished and when overfishing is 29, 2004. occurring (referred to by NMFS as stock FOR FURTHER INFORMATION CONTACT: Dr. status determination criteria), and (3) DEPARTMENT OF COMMERCE Steve Branstetter, telephone: 727–570– amend their fishery management plans 5796, fax: 727–570–5583, e-mail: to include measures to rebuild National Oceanic and Atmospheric [email protected]. overfished stocks and maintain them at Administration healthy levels capable of producing SUPPLEMENTARY INFORMATION: The MSY. NMFS’ national standard fisheries for coastal migratory pelagic 50 CFR Part 622 guidelines (NSGs) direct the councils to (CMP) resources are regulated under the meet these statutory requirements by [Docket No. 030917233–3304–02; I.D. FMP. The FMP was prepared jointly by incorporating into each FMP estimates 082703A] the Gulf of Mexico and South Atlantic of certain biomass-based parameters for Fishery Management Councils and was RIN 0648–AP50 each stock, including a designation of approved by NMFS and implemented the stock biomass that will produce Fisheries of the Gulf of Mexico; by regulations at 50 CFR part 622. MSY (B ). In accordance with the FMP’s MSY Coastal Migratory Pelagic Resources; On November 17, 1999, NMFS Stock Status Determination Criteria framework procedure, the Council recommended, and NMFS published a notified the Council that it had partially AGENCY: National Marine Fisheries proposed rule (68 FR 59151, October 14, approved the Council’s Generic Service (NMFS), National Oceanic and 2003), to establish biomass-based stock Sustainable Fisheries Act Amendment. Atmospheric Administration (NOAA), status criteria for Gulf migratory groups In that notification, NMFS approved the Commerce. of king and Spanish mackerel and for a designation and definition of an MFMT for CMP fish stocks managed under the ACTION: Final rule. Gulf migratory group of cobia (to be designated via subsequent plan jurisdiction of the Council, but SUMMARY: In accordance with the amendment). The most recent scientific disapproved the proposed designations framework procedure for adjusting evidence indicates that the cobia stock of MSY, OY, and MSST because they management measures of the Fishery is comprised of separate migratory were not biomass-based, as Management Plan for the Coastal groups in the Gulf of Mexico and recommended by the NSGs. Since that Migratory Pelagic Resources of the Gulf Atlantic. However, the FMP identifies time, NMFS has worked cooperatively of Mexico and South Atlantic (FMP), only a single cobia stock. The with the Council to develop acceptable NMFS issues this final rule to establishment of separate migratory stock status criteria for the Gulf incorporate into the FMP biomass-based groups of cobia will require that the migratory groups of those CMP stocks. stock status determination criteria FMP be amended. Therefore, Accordingly, this final rule consistent with the requirements of the implementation of the stock status establishes biomass-based reference Magnuson-Stevens Fisheries criteria for a Gulf migratory group of points, as identified in the table below, Conservation and Management Act cobia would be deferred pending the for MSY, OY, and MSST, and amends (Magnuson-Stevens Act). Criteria that development of an amendment to the the existing designations of MFMT for are incorporated include maximum FMP. Gulf migratory group king mackerel, sustainable yield (MSY), optimum yield Section 303 of the Magnuson-Stevens Gulf migratory group Spanish mackerel, (OY), minimum stock size threshold Act requires that the regional fishery and a (to be designated) Gulf migratory (MSST) and maximum fishing mortality management councils: (1) assess the group of cobia.

Gulf group king mackerel Gulf group Spanish mackerel Gulf group cobia1

2 MSY ...... Yield at F30%SPR (currently 10.7 million Yield at F30%SPR (currently 8.7 million Yield at Fmsy (currently 1.49 million lb lb or 4.85 million kg) lb or 3.95 million kg) or 0.676 million kg) OY ...... Yield at FOY = 0.85*Fmsy (currently Yield at FOY = 0.75*FMSY (currently Yield at FOY =0.75*FMSY (currently 10.2 million lb or 4.63 million kg) 8.3 million lb or 3.76 million kg) 1.45 million lb or 0.658 million kg) MFMT ...... F30%SPR = FMSY F30%SPR = FMSY FMSY 3 MSST ...... (1–M)*BMSY or 80% of BMSY (1–M)*BMSY or 70% of BMSY (1–M)*BMSY or 70% of BMSY Overfished ...... 50% probability Fcurrent > FMSY 50% probability Fcurrent > FMSY 50% probability Fcurrent > FMSY Overfishing ...... 50% probability Bcurrent < MSST 50% probability Bcurrent < MSST 50% probability Bcurrent < MSST 1 Implementation deferred pending formal designation of a Gulf migratory group of cobia through an amendment to the FMP. 2 F = fishing mortality rate; SPR refers to spawning potential ratio. 3 M, or natural mortality, is estimated at 0.20 for king mackerel, and 0.30 for both Spanish mackerel and cobia. Bcurrent represents the current estimates of stock biomass; BMSY represents the estimated stock biomass required to produce MSY.

While these population parameters do not bind the general public, but this final rule is based; comments on the are part of the FMP, they will not appear rather guide the Council and NMFS in proposed rule were requested through in codified text. The parameters establishing more specific measures, November 13, 2003 (68 FR 59151). No establish the bounds within which the which are codified in the Code of comments were received. Council and NMFS will operate in Federal Regulations and do bind the managing the stock. The parameters general public. themselves are not of general On October 14, 2003, NMFS applicability and legal effect in that they published the proposed rule on which

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Classification would not have a significant economic Authority: 16 U.S.C. 1801 et seq. This final rule has been determined to impact on a substantial number of small Dated: March 25, 2004. be not significant for purposes of entities. The factual basis for the Rebecca Lent, certification was published in the Executive Order 12866. Deputy Assistant Administrator for proposed rule. No comments were The Chief Counsel for Regulation of Regulatory Programs, National Marine the Department of Commerce certified received regarding the certification or Fisheries Service. the economic impacts of this action. As to the Chief Counsel for Advocacy of the [FR Doc. 04–7091 Filed 3–29–04; 8:45 am] Small Business Administration that the a result, no regulatory flexibility proposed rule for this action, if adopted, analysis was prepared. BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 69, No. 61

Tuesday, March 30, 2004

This section of the FEDERAL REGISTER 2. Sheraton Inn—Portland Airport, any district in which the handler is an contains notices to the public of the proposed 8235 NE. Airport Way, Portland, inhabitant, or has his or her principal issuance of rules and regulations. The Oregon, (503) 335–2860. place of business, has jurisdiction to purpose of these notices is to give interested FOR FURTHER INFORMATION CONTACT: review the USDA’s ruling on the persons an opportunity to participate in the petition, provided an action is filed not rule making prior to the adoption of the final Melissa Schmaedick, Marketing Order rules. Administration Branch, Fruit and later than 20 days after the date of the Vegetable Programs, AMS, USDA, P.O. entry of the ruling. Box 1035, Moab, Utah; telephone: (435) At a joint meeting of the Winter Pear DEPARTMENT OF AGRICULTURE 259–7988, Fax: (435) 259–4945. Control Committee and the Northwest Small businesses may request Fresh Bartlett Pear Marketing Agricultural Marketing Service information on this proceeding by Committee on November 13, 2003, both contacting Jay Guerber, Marketing Order Committees voted unanimously to 7 CFR Part 927 Administration Branch, Fruit and recommend amendments to Marketing Vegetable Programs, AMS, USDA, 1400 Order 927. The amendments are [Docket No. AO–F&V–927–A1; FV04–927–1 Independence Avenue, SW., Stop 0237, intended to streamline industry PR] Washington, DC 20250–0237; telephone: organization by placing both Marketing (202) 720–2491, fax: (202) 720–8938. Order 927, regulating the handling of Winter Pears Grown in Oregon and SUPPLEMENTARY INFORMATION: This winter pears, and Marketing Order 931, Washington; Hearing on Proposed administrative action is instituted regulating the handling of Bartlett pears, Amendment of Marketing Agreement pursuant to the Agricultural Marketing under one program: Marketing Order and Order No. 927 Agreement Act of 1937, as amended (7 927. The amendments would also add pears for processing to the order, and AGENCY: U.S.C. 601–674), hereinafter referred to Agricultural Marketing Service, update various provisions of the order. USDA. as the ‘‘Act.’’ This action is governed by the provisions of sections 556 and 557 The Committees’ request for a hearing ACTION: Notice of hearing on proposed of title 5 of the United States Code and, was submitted to USDA on November rulemaking. therefore, is excluded from the 19, 2003. The hearing is called pursuant to the provisions of the Act and the SUMMARY: Notice is hereby given of a requirements of Executive Order 12866. applicable rules of practice and public hearing to receive evidence on The Regulatory Flexibility Act (5 procedure governing the formulation of proposed amendments to Marketing U.S.C. 601 et seq.) seeks to ensure that marketing agreements and orders (7 CFR Agreement and Order No. 927, which within the statutory authority of a part 900). regulates the handling of winter pears program, the regulatory and The Committees’ proposed grown in Oregon and Washington. The informational requirements are tailored amendments to Marketing Order No. amendments are jointly proposed by the to the size and nature of small 927 (order) are summarized below. Winter Pear Control Committee and the businesses. Interested persons are 1. Expand the definition of ‘‘pears’’ to Northwest Fresh Bartlett Marketing invited to present evidence at the include all varieties of pears classified Committee, which are responsible for hearing on the possible regulatory and as summer/fall pears (rather than local administration of orders 927 and informational impacts of the proposals limiting that class to Bartletts); to add 931, respectively. Marketing Agreement on small businesses. The amendments proposed herein Concorde, Packham, and Taylor’s Gold and Order No. 931 regulates the have been reviewed under Executive pears to the current list of winter pear handling of fresh Bartlett pears grown in Order 12988, Civil Justice Reform. They varieties; and to add a third category of Oregon and Washington. The are not intended to have retroactive pears which would include varieties not amendments would combine the winter effect. If adopted, the proposed classified as summer/fall or winter pear and fresh Bartlett orders into a amendments would not preempt any pears. This amendment would extend single program under marketing order State or local laws, regulations, or program coverage to all pears grown in 927, and would add authority to assess policies, unless they present an Oregon and Washington. pears for processing. The Committees irreconcilable conflict with the 2. Revise the definition of ‘‘size’’ to also proposed a number of conforming proposals. include language currently used within changes. All of the proposals are The Act provides that administrative the industry. intended to streamline industry proceedings must be exhausted before 3. Extend the order’s coverage to pears organization and improve the parties may file suit in court. Under for processing by revising the definition administration, operation, and section 608c(15)(A) of the Act, any of ‘‘handle,’’ and adding definitions of functioning of the program. handler subject to an order may file ‘‘processor’’ and ‘‘process.’’ DATES: The hearing dates are: with USDA a petition stating that the 4. Establish districts for pears for 1. April 13 and 14, 2004, 9 a.m. to 4 order, any provision of the order, or any processing. This amendment would p.m., Yakima, Washington. obligation imposed in connection with divide the order’s production area into 2. April 16, 2004, 9 a.m. to 4 p.m., the order is not in accordance with law two districts for pears for processing: Portland, Oregon. and request a modification of the order One being the State of Oregon and the ADDRESSES: The hearing locations are: or to be exempted therefrom. A handler other being the State of Washington. 1. Doubletree Hotel, 1507 N. 1ST is afforded the opportunity for a hearing 5. Dissolve the current Winter Pear Street, Yakima, Washington, (509) 248– on the petition. The Act provides that Control Committee and establish two 7850. the district court of the United States in new administrative committees: The

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Fresh Pear Committee and the Pear Control Committee and Northwest Proposals submitted by the Winter Processing Pear Committee Fresh Bartlett Marketing Committee Pear Control Committee and the (Committees). This proposal also believe that the proposed changes Northwest Fresh Bartlett Marketing includes adding a public member and would improve the administration, Committee are as follows: public alternate member seat to both of operation, and functioning of the Proposal No. 1 the newly established Committees and programs in effect for pears grown in removing Section 927.36, Public Oregon and Washington. Revise § 927.4 to read as follows: AMS also proposes to allow such advisors. The Committees would jointly § 927.4 Pears. administer Marketing Order 927. changes to the order as may be Related changes would be made to necessary to conform to any amendment (a) Pears means and includes any and order provisions governing nomination that may result from the hearing. all varieties or subvarieties of pears and selection of members and their The public hearing is held for the classified as: Summer/fall pears alternates, terms of office, eligibility for purpose of: (i) Receiving evidence about including Bartlett and Starkrimson membership, and quorum and voting the economic and marketing conditions pears; winter pears including Beurre requirements, to reflect the proposed which relate to the proposed D’Anjou, Beurre Bosc, Doyenne du dual committee structure. amendments of the order; (ii) Comice, Concorde, Forelle, Winter 6. Authorize changes in the number of determining whether there is a need for Nelis, Packham, Seckel, and Taylor’s Committee members and alternates, and the proposed amendments to the order; Gold pears; and other pears including allow reapportionment of committee and (iii) determining whether the any or all other varieties or subvarieties membership among districts and groups proposed amendments or appropriate of pears not classified as summer/fall or (i.e., growers, handlers, and processors). modifications thereof will tend to winter pears. Such changes would require a effectuate the declared policy of the Act. (b) The Fresh Pear Committee and/or Committee recommendation and Testimony is invited at the hearing on the Processed Pear Committee, with the approval by the Department. all the proposals and recommendations approval of the Secretary, may recognize 7. Provide that an assessment rate be contained in this notice, as well as any new or delete obsolete varieties or established for each category of pears, appropriate modifications or subvarieties for each category. including: summer/fall pears, winter alternatives. Revise the heading of 7 CFR part 927 pears, and all other pears. In addition, All persons wishing to submit written to read as follows: material as evidence at the hearing rates of assessment could be different PART 927—PEARS GROWN IN should be prepared to submit four for fresh pears and pears for processing OREGON AND WASHINGTON in each category, and could include copies of such material at the hearing supplemental rates on individual and should have prepared testimony Proposal No. 2 available for presentation at the hearing. varieties. Revise § 927.5 to read as follows: 8. Authorize container marking From the time the notice of hearing is requirements for fresh pears. issued and until the issuance of a final § 927.5 Size. 9. Remove the order provision decision in this proceeding, USDA Size means the number of pears allowing grower exemptions from employees involved in the decisional which can be packed in a 44-pound net regulation. This is a tool no longer used process are prohibited from discussing weight standard box or container by the industry and, thus, is considered the merits of the hearing issues on an ex equivalent, or ‘‘size’’ means the greatest obsolete. parte basis with any person having an transverse diameter of the pear taken at 10. Amend § 927.70, Reports, to interest in the proceeding. The right angles to a line running from the ensure confidentiality in the handling prohibition applies to employees in the stem to the blossom end, or such other and reporting of information provided following organizational units: Office of specifications more specifically defined to the Committees, and to require the Secretary of Agriculture; Office of in a regulation issued under this part. handlers to maintain records for at least the Administrator, AMS; Office of the two years. General Counsel, except any designated Proposal No. 3 11. Allow elimination of inspection employee of the General Counsel Revise § 927.7 to read as follows: requirements (when handling assigned to represent the Committee in regulations are in effect) if alternative this proceeding; and the Fruit and § 927.7 Handler. methods to ensure compliance are Vegetable Programs, AMS. Handler is synonymous with shipper available. Procedural matters are not subject to and means any person (except a 12. Eliminate the current exemptions the above prohibition and may be common or contract carrier transporting for pears for processing and for pears discussed at any time. pears owned by another person) who, as shipped to storage warehouses. owner, agent, broker, or otherwise, ships 13. Provide that separate continuance List of Subjects in 7 CFR Part 927 or handles pears, or causes pears to be referenda be held every 6 years for fresh Marketing agreements, Reporting and shipped or handled by rail, truck, boat, pears and processing pears. recordkeeping requirements, Winter or any other means whatsoever. 14. Add authority for the committees pears. Revise § 927.8 to read as follows: to conduct post-harvest research, in addition to production research and PART 927—WINTER PEARS GROWN § 927.8 Ship or handle. promotion (including paid advertising). IN OREGON AND WASHINGTON Ship or handle means to sell, deliver, 15. Update several order provisions to consign, transport or ship pears within 1. The authority citation for 7 CFR the production area or between the make them more current. part 927 continues to read as follows: 16. Revise order provisions to reflect production area and any point outside the two-committee structure being Authority: 7 U.S.C. 601–674. thereof, including receiving pears for recommended for administration of the 2. Testimony is invited on the processing: Provided, That the term program. following proposals or appropriate ‘‘handle’’ shall not include the These proposals have not received the alternatives or modifications to such transportation of pear shipments within approval of the Department. The Winter proposals. the production area from the orchard

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where grown to a packing facility § 927.20 Establishment and membership. Revise § 927.22 to read as follows: located within the production area for There are hereby established two preparation for market or delivery for § 927.22 Meetings for election of committees to administer the terms and nominees. processing. provisions of this subpart as specifically Add a new § 927.14 to read as follows: provided in §§ 927.20 through 927.35: (a) Nominations for members of the (a) A Fresh Pear Committee, Fresh Pear Committee and their § 927.14 Processor. consisting of 13 individual persons as alternates shall be made at meetings of Processor means any person who as its members, is established to growers and handlers held in each of owner, agent, broker, or otherwise, administer order provisions relating to the districts designated in § 927.11 at commercially processes pears in the the handling of pears for the fresh such times and places designated by the production area. market. Six members of the Fresh Pear Fresh Pear Committee. Add a new § 927.15 to read as follows: Committee shall be growers, six (b) Nominations for grower and members shall be handlers, and one handler members of the Processed Pear § 927.15 Process. Committee and their alternates shall be Process means to can, concentrate, member shall represent the public. For each member there shall be two made at meetings of growers and freeze, dehydrate, press or puree pears, alternates, designated as the ‘‘first handlers held in each of the districts or in any other way convert pears alternate’’ and the ‘‘second alternate,’’ designated in § 927.11 at such times and commercially into a processed product. respectively. Each district shall be places designated by the Processed Pear Proposal No. 4 represented by one grower member and Committee. Nominations for processor members of the Processed Pear Amend § 927.11 by revising the one handler member, except that the Mid-Columbia District and the Committee and their alternates shall be introductory paragraph, and paragraphs made at a meeting of processors at such (a), (b), and (c), to read as follows: Wenatchee District shall be represented by two grower members and two time and place designated by the § 927.11 District. handler members. Processed Pear Committee. Revise § 927.23 to read as follows: District means the applicable one of (b) A Processed Pear Committee the following-described subdivisions of consisting of 10 members is established § 927.23 Voting. the production area covered by the to administer order provisions relating Only growers in attendance at provisions of this subpart: to the handling of pears for processing. meetings for election of nominees shall (a) For the purpose of committee Three members of the Processed Pear participate in the nomination of grower representation, administration and Committee shall be growers, three members and their alternates, and only application of provisions of this subpart members shall be handlers, three handlers in attendance at meetings for as applicable to pears for the fresh members shall be processors, and one election of nominees shall participate in market, districts shall be defined as member shall represent the public. For the nomination of handler members and follows: each member there shall be two their alternates, and only processors in (1) Medford District shall include all alternates, designated as the ‘‘first attendance for election of nominees the counties in the State of Oregon alternate’’ and the ‘‘second alternate,’’ shall participate in the nomination of except for Hood River and Wasco respectively. District 1, the State of processor members and their alternates. Counties. Washington, shall be represented by two A grower may participate only in the (2) Mid-Columbia District shall grower members, two handler members election held in the district in which he include Hood River and Wasco Counties and two processor members. District 2, or she produces pears, and a handler in the State of Oregon, and the counties the State of Oregon, shall be represented may participate only in the election of Skamania and Klickitat in the State by one grower member, one handler held in the district or districts in which of Washington. member and one processor member. he or she handles pears. Each person (3) Wenatchee District shall include Revise § 927.21 to read as follows: may vote as a grower, handler or the counties of King, Chelan, Okanogan, processor, but not a combination Douglas, Grant, Lincoln, and Spokane in § 927.21 Nomination and selection of members and their respective alternates. thereof. Each grower, handler and the State of Washington, and all other processor shall be entitled to cast one Grower members and their respective counties in Washington lying north vote, on behalf of himself, his agents, alternates for each district shall be thereof. partners, affiliates, subsidiaries, and selected by the Secretary from nominees (4) Yakima District shall include all of representatives, for each nominee to be elected by the growers in such district. the State of Washington not included in elected. the Wenatchee District or in the Mid- Handler members and their respective Revise § 927.24 to read as follows: Columbia District. alternates for each district shall be (b) For the purpose of committee selected by the Secretary from nominees § 927.24 Eligibility for membership. representation, administration and elected by the handlers in such district. Each grower member and each of his application of provisions of this subpart Processor members and their respective or her alternates shall be a grower, or an as applicable to pears for processing, alternates shall be selected by the officer or employee of a corporate districts shall be defined as follows: Secretary from nominees elected by the grower, who grows pears in the district (1) The State of Washington. processors. Public members for each in which and for which he or she is (2) The State of Oregon. committee shall be nominated by the nominated and selected. Each handler (c) The Secretary, upon Fresh Pear Committee and the Processed member and each of his or her alternates recommendation of the Fresh Pear Pear Committee, respectively, and shall be a handler, or an officer or Committee or the Processed Pear selected by the Secretary. The Fresh employee of a handler, handling pears Committee, may reestablish districts Pear Committee and the Processed Pear in the district in and for which he or she within the production area. Committee may prescribe such is nominated and selected. Each * * * * * additional qualifications, administrative processor member and each of their rules and procedures for selection for alternates shall be a processor, or an Proposal No. 5 each candidate as it deems necessary officer or employee of a processor, who Revise § 927.20 to read as follows: and as the Secretary approves. processes pears in the production area.

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Revise § 927.27 to read as follows: alternates. In recommending any such rates shall apply to any or all varieties changes, the following shall be or subvarieties that are shipped during § 927.27 Term of office. considered: the fiscal period for fresh market. The term of office of each member (1) Shifts in pear acreage within (2) Based upon a recommendation of and alternate member of the Fresh Pear districts and within the production area the Processed Pear Committee or other Committee and the Processed Pear during recent years; available data, the Secretary shall fix Committee shall be for two years (2) The importance of new pear three base rates of assessment for pears beginning July 1 and ending June 30: production in its relation to existing that handlers shall pay on pears Provided, That the terms of office of districts; handled for processing during each one-half of the initial members and (3) The equitable relationship fiscal period. Such base rates shall alternates shall end June 30, 2005; and between membership and districts; include one rate of assessment for any that beginning with the 2005–2006 (4) Economies to result for growers in or all varieties or subvarieties of pears fiscal period, no member shall serve promoting efficient administration due classified as summer/fall; one rate of more than three consecutive two-year to redistricting or reapportionment of assessment for any or all varieties or terms unless specifically exempted by members within districts; and subvarieties of pears classified as the Secretary. Members and alternate (5) Other relevant factors. winter; and one rate of assessment for members shall serve in such capacities Proposal No. 7 any or all varieties or subvarieties of for the portion of the term of office for pears classified as other. Upon which they are selected and have Revise § 927.41 to read as follows: recommendation of the Processed Pear qualified and until their respective § 927.41 Assessments. Committee or other available data, the successors are selected and have Secretary may also fix supplemental (a) Assessments will be levied only qualified. The terms of office of rates of assessment on individual upon handlers who first handle pears. successor members and alternates shall varieties or subvarieties categorized Each handler shall pay assessments on be so determined that one-half of the within the above-defined assessment all pears handled by such handler as the total committee membership ends each classifications to secure sufficient funds pro rata share of the expenses which the June 30. to provide for projects authorized under Secretary finds are reasonable and likely Revise § 927.33 to read as follows: § 927.47. At any time during the fiscal to be incurred by the Fresh Pear period when it is determined on the § 927.33 Procedure. Committee or the Processed Pear basis of a Processed Pear Committee (a) Quorum and voting. A quorum at Committee during a fiscal period. The recommendation or other information a meeting of the Fresh Pear Committee payment of assessments for the that different rates are necessary for or the Processed Pear Committee shall maintenance and functioning of the pears for processing or for any varieties consist of 75 percent of the number of Fresh Pear Committee or the Processed or subvarieties, the Secretary may committee members, or alternates then Pear Committee may be required under modify those rates of assessment and serving in the place of any members, this part throughout the period such such new rates shall apply to any or all respectively. Except as otherwise assessments are payable irrespective of varieties or subvarieties of pears that are provided in § 927.52, all decisions of the whether particular provisions thereof shipped during the fiscal period for Fresh Pear Committee or the Processed are suspended or become inoperative. processing. Pear Committee at any meeting shall (b)(1) Based upon a recommendation (c) Based on the recommendation of require the concurring vote of at least 75 of the Fresh Pear Committee or other the Fresh Pear Committee, the Processed percent of those members present, available data, the Secretary shall fix Pear Committee or other available data, including alternates then serving in the three base rates of assessment for pears the Secretary may establish additional place of any members. that handlers shall pay on pears base rates of assessments, or change or (b) Mail voting. The Fresh Pear handled for the fresh market during modify the base rate classifications Committee or the Processed Pear each fiscal period. Such base rates shall defined in paragraphs (a) and (b) of this Committee may provide for members include one rate of assessment for any section. voting by mail, telecopier or other or all varieties or subvarieties of pears (d) The Fresh Pear Committee or the electronic means, telephone, or classified as summer/fall; one rate of Processed Pear Committee may impose telegraph, upon due notice to all assessment for any or all varieties or a late payment charge on any handler members. Promptly after voting by subvarieties of pears classified as who fails to pay any assessment within telephone or telegraph, each member winter; and one rate of assessment for the time prescribed. In the event the thus voting shall confirm in writing, the any or all varieties or subvarieties of handler thereafter fails to pay the vote so cast. pears classified as other. Upon amount outstanding, including the late Remove § 927.36, Public advisors. recommendation of the Fresh Pear payment charge, within the prescribed Committee or other available data, the time, the Fresh Pear Committee or the Proposal No. 6 Secretary may also fix supplemental Processed Pear Committee may impose Further amend § 927.20 by adding a rates of assessment on individual an additional charge in the form of new paragraph (c) to read as follows: varieties or subvarieties categorized interest on such outstanding amount. within the above-defined assessment The Fresh Pear Committee or the § 927.20 Establishment and membership. classifications to secure sufficient funds Processed Pear Committee, with the * * * * * to provide for projects authorized under approval of the Secretary, shall (c) The Secretary, upon § 927.47. At any time during the fiscal prescribe the amount of such late recommendation of the Fresh Pear period when it is determined on the payment charge and rate of interest. Committee or the Processed Pear basis of a Fresh Pear Committee (e) In order to provide funds to carry Committee may reapportion members recommendation or other information out the functions of the Fresh Pear among districts, may change the number that different rates are necessary for Committee or the Processed Pear of members and alternates, and may fresh pears or for any varieties or Committee prior to commencement of change the composition by changing the subvarieties, the Secretary may modify shipments in any season, handlers may ratio of members, including their those rates of assessment and such new make advance payments of assessments,

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which advance payments shall be act, he or she shall suspend or terminate prescribe rules and regulations credited to such handlers and the such regulation. On the same basis and modifying or eliminating the assessments of such handlers shall be in like manner, the Secretary may requirement for inspection and adjusted so that such assessments are terminate any such modification or certification of shipments if alternative based upon the quantity of each variety suspension. methods are available for ensuring such or subvariety of pears handled by such shipments comply with regulations in Proposal No. 9 handlers during such season. Further, effect. payment discounts may be authorized Remove § 927.54. Proposal No. 12 by the Fresh Pear Committee or the Proposal No. 10 Processed Pear Committee upon the Revise § 927.65 to read as follows: approval of the Secretary to handlers Revise § 927.70 to read as follows: § 927.65 Exemption from regulation. making such advance assessment § 927.70 Reports. payments. (a) Nothing contained in this subpart (a) Upon the request of the Fresh Pear shall limit or authorize the limitation of Proposal No. 8 Committee and the Processed Pear shipment of pears for consumption by Revise § 927.51 to read as follows: Committee, and subject to the approval charitable institutions or distribution by of the Secretary, each handler shall relief agencies, nor shall any assessment § 927.51 Issuance of regulations; and furnish to the aforesaid committee, be computed on pears so shipped. The modification, suspension, or termination respectively, in such manner and at Fresh Pear Committee or the Processed thereof. such times as it prescribes, such Pear Committee may, with the approval (a) Whenever the Secretary finds, information as will enable it to perform of the Secretary, prescribe regulations to from the recommendations and its duties under this subpart. prevent pears shipped for either of such information submitted by the Fresh Pear (b) All such reports shall be held purposes from entering commercial Committee, or from other available under appropriate protective fresh-fruit channels of trade contrary to information, that regulation, in the classification and custody by the Fresh the provisions of this subpart. manner specified in this section, of the Pear Committee and/or the Processed (b) The Fresh Pear Committee or the shipment of pears would tend to Pear Committee, or duly appointed Processed Pear Committee may, with effectuate the declared policy of the act, employees thereof, so that the the approval of the Secretary, prescribe he or she shall so limit the shipment of information contained therein which rules and regulations whereby pears during a specified period or may adversely affect the competitive quantities of pears or types of pear periods. Such regulation may: position of any handler in relation to shipments may be exempted from any (1) Limit the total quantity of any other handlers will not be disclosed. or all provisions of this subpart. grade, size, quality, or combinations Compilations of general reports from thereof, of any variety or subvariety of data submitted by handlers are Proposal No. 13 pears grown in any district and may authorized subject to the prohibition of Amend § 927.78 by revising prescribe different requirements disclosure of individual handlers’ paragraphs (b), (c), and (d) to read as applicable to shipments to different identities or operations. follows: export markets; (c) Each handler shall maintain for at (2) Limit, during any period or least two succeeding years such records § 927.78 Termination. periods, the shipment of any particular of the pears received and of pears * * * * * grade, size, quality, or any combination disposed of, by such handler as may be (b) The Secretary shall terminate or thereof, of any variety or subvariety, of necessary to verify reports pursuant to suspend the operation of any or all of pears grown in any district or districts this section. the provisions of this subpart whenever of the production area; and he or she finds that such operation (3) Provide a method, through rules Proposal No. 11 obstructs or does not tend to effectuate and regulation issued pursuant to this Amend § 927.60 by revising paragraph the declared policy of the act. part, for fixing markings on the (a) and adding a new paragraph (c) to (c) The Secretary shall terminate the container or containers, which may be read as follows: provisions of this subpart applicable to used in the packaging or handling of fresh pears for market or pears for pears, including appropriate logo or § 927.60 Inspection and certification. processing at the end of any fiscal other container markings to identify the (a) Except as hereinafter provided, no period whenever the Secretary finds, by contents thereof. handler shall ship any pears not referendum or otherwise, that such (b) Whenever the Secretary finds, theretofore inspected, and a certificate termination is favored by a majority of from the recommendations and issued with respect thereto, by a duly growers of fresh pears for market or information submitted by the Fresh Pear authorized representative of the Federal- pears for processing, respectively: Committee, or from other available State Inspection Service: Provided, That Provided, That such majority has during information, that a regulation should be such inspection and certification of such period produced more than 50 modified, suspended, or terminated shipments of pears may be performed by percent of the volume of fresh pears for with respect to any or all shipments of such other inspection service as the market or pears for processing, pears grown in any district in order to Fresh Pear Committee, with the respectively, in the production area. effectuate the declared policy of the act, approval of the Secretary, may Such termination shall be effective only he or she shall so modify, suspend, or designate. Promptly after shipment of if announced on or before the last day terminate such regulation. If the any pears, the handler shall submit, or of the then current fiscal period. Secretary finds, from the cause to be submitted, to the Fresh Pear (d) The Secretary shall conduct a recommendations and information Committee a copy of the inspection referendum within every six-year period submitted by the Fresh Pear Committee, certificate issued on such shipment. beginning on the date this section or from other available information, that * * * * * becomes effective, to ascertain whether a regulation obstructs or does not tend (c) The Fresh Pear Committee may, continuance of the provisions of this to effectuate the declared policy of the with the approval of the Secretary, subpart applicable to fresh pears for

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market or pears for processing are § 927.76 Agents. selected and has qualified. The second favored by producers of pears for the The Secretary may name, by alternate for a member shall serve in the fresh market and pears for processing, designation in writing, any person, place and stead of the member for respectively. The Secretary may including any officer or employee of the whom he or she is an alternate terminate the provisions of this subpart Government or any bureau or division whenever both the member and his or at the end of any fiscal period in which in the Department of Agriculture to act her first alternate are unable to serve. In the Secretary has found that as his agent or representative in the event that a member of the Fresh continuance of this subpart is not connection with any of the provisions of Pear Committee or the Processed Pear favored by producers who, during a this subpart. Committee and both that member’s representative period determined by the Revise § 927.77 to read as follows: alternates are unable to attend a Secretary, have been engaged in the meeting, the member may designate any production of fresh pears for market or § 927.77 Effective time. other alternate member from the same pears for processing in the production The provisions of this subpart and of group (handler, processor, or grower) to area: Provided, That termination of the any amendment thereto shall become serve in that member’s place and stead. order shall be effective only if effective at such time as the Secretary Revise § 927.29 to read as follows: announced on or before the last day of may declare, and shall continue in force the then current fiscal period. until terminated in one of the ways § 927.29 Vacancies. specified in § 927.78. * * * * * To fill any vacancy occasioned by the Proposal No. 16 failure of any person selected as a Proposal No. 14 member or as an alternate for a member Revise in 7 CFR part 927 the Revise § 927.47 to read as follows: of the Fresh Pear Committee or the undesignated center heading Processed Pear Committee to qualify, or § 927.47 Research and development. ‘‘CONTROL COMMITTEE’’ to read as in the event of death, removal, follows: The Fresh Pear Committee and/or the resignation, or disqualification of any Processed Pear Committee, with the ADMINISTRATIVE BODIES qualified member or qualified alternate for a member, a successor for his or her approval of the Secretary, may establish Revise § 927.9 to read as follows: or provide for the establishment of unexpired term shall be nominated and production and post-harvest research, or § 927.9 Fiscal period. selected in the manner set forth in marketing research and development Fiscal period means the period §§ 927.20 to 927.35. If nominations to projects designed to assist, improve, or beginning July 1 of any year and ending fill any such vacancy are not made promote the marketing, distribution, June 30 of the following year or such within 20 days after such vacancy and consumption of pears. Such may be approved by the Secretary occurs, the Secretary may fill such projects may provide for any form of pursuant to a joint recommendation by vacancy without regard to nominations. marketing promotion, including paid the Fresh Pear Committee and the Revise § 927.30 to read as follows: advertising. The expense of such Processed Pear Committee. § 927.30 Compensation and expenses. projects shall be paid from funds Revise § 927.13 to read as follows: The members and alternates for collected pursuant to §§ 927.41 and § 927.13 Subvariety. members shall serve without 927.45. Expenditures for a particular compensation, but may be reimbursed variety or subvariety of pears shall Subvariety means and includes any for expenses necessarily incurred by approximate the amount of assessments mutation, sport, or other derivation of them in the performance of their and voluntary contributions collected any of the varieties covered in § 927.4 respective duties. for that variety or subvariety of pears. which is recognized by the Fresh Pear Committee or the Processed Pear Revise § 927.31 to read as follows: Proposal No. 15 Committee and approved by the § 927.31 Powers. Revise § 927.1 to read as follows: Secretary. Recognition of a subvariety shall include classification within a The Fresh Pear Committee and the § 927.1 Secretary. varietal group for the purposes of votes Processed Pear Committee shall have the following powers: Secretary means the Secretary of conducted under § 927.52. Revise § 927.26 to read as follows: (a) To administer, as specifically Agriculture of the United States, or any provided in §§ 927.20 to 927.35, the officer or employee of the Department of § 927.26 Qualifications. terms and provisions of this subpart: Agriculture who has been delegated, or Any person prior to or within 15 days (b) To make administrative rules and to whom authority may hereafter be after selection as a member or as an regulations in accordance with, and to delegated, the authority to act for the alternate for a member of the Fresh Pear effectuate, the terms and provisions of Secretary. Committee or the Processed Pear this subpart; and Revise § 927.3 to read as follows: Committee shall qualify by filing with (c) To receive, investigate, and report § 927.3 Person. the Secretary a written acceptance of the to the Secretary complaints of violations person’s willingness to serve. of the provisions of this subpart. Person means an individual Revise § 927.28 to read as follows: Revise § 927.32 to read as follows: partnership, corporation, association, or any other business unit. § 927.28 Alternates for members. § 927.32 Duties. Revise § 927.6 to read as follows: The first alternate for a member shall The duties of the Fresh Pear act in the place and stead of the member Committee and the Processed Pear § 927.6 Grower. for whom he or she is an alternate Committee shall be as follows: Grower is synonymous with producer during such member’s absence. In the (a) To act as intermediary between the and means any person engaged in the event of the death, removal, resignation, Secretary and any grower, handler or production of pears, either as owner or or disqualification of a member, his or processor; as tenant. her first alternate shall act as a member (b) To keep minutes, books, and Revise § 927.76 to read as follows: until a successor for the member is records which will reflect clearly all of

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the acts and transactions. The minutes, require the Fresh Pear Committee or the manner provided in this part. The books, and records shall be subject at Processed Pear Committee and its Secretary may at any time require the any time to examination by the members to account for all receipts and Fresh Pear Committee and/or the Secretary or by such person as may be disbursements. Processed Pear Committee and its designated by the Secretary; (b) Upon the death, resignation, members to account for all receipts and (c) To investigate, from time to time, removal, disqualification, or expiration disbursements. and to assemble data on the growing, of the term of office of any member or Revise § 927.43 to read as follows: harvesting, shipping, and marketing employee, all books, records, funds, and conditions relative to pears, and to other property in his or her possession § 927.43 Use of funds. furnish to the Secretary such available belonging to the Fresh Pear Committee From the funds acquired pursuant to information as may be requested; or the Processed Pear Committee shall § 927.41 the Fresh Pear Committee and (d) To cause the books to be audited be delivered to his or her successor in the Processed Pear Committee shall pay by one or more competent accountants office or to the Fresh Pear Committee or the salaries of its employees, if any, and at the end of each fiscal year and at such Processed Pear Committee, and such pay the expenses necessarily incurred in other times as the Fresh Pear Committee assignments and other instruments shall the performance of the duties of the and the Processed Pear Committee may be executed as may be necessary to vest Fresh Pear Committee and the Processed deem necessary or as the Secretary may in such successor or in the Fresh Pear Pear Committee. request, and to file with the Secretary Committee or Processed Pear Committee Remove § 927.44. copies of any and all audit reports full title to all the books, records, funds, Revise § 927.45 to read as follows: made; and other property in the possession or § 927.45 Contributions. (e) To appoint such employees agents, under the control of such member or and representatives as it may deem employee pursuant to this subpart. The Fresh Pear Committee or the necessary, and to determine the Revise § 927.40 to read as follows: Processed Pear Committee may accept compensation and define the duties of voluntary contributions but these shall each; § 927.40 Expenses. only be used to pay expenses incurred (f) To give the Secretary, or the The Fresh Pear Committee and the pursuant to § 927.47. Furthermore, such designated agent of the Secretary, the Processed Pear Committee are contributions shall be free from any same notice of meetings as is given to authorized to incur such expenses as the encumbrances by the donor and the the members of the Fresh Pear Secretary finds may be necessary to Fresh Pear Committee or the Processed Committee and the Processed Pear carry out its functions under this Pear Committee shall retain complete Committee; subpart. The funds to cover such control of their use. (g) To select a chairman of the Fresh expenses shall be acquired by the Revise § 927.50 to read as follows: levying of assessments as provided in Pear Committee and the Processed Pear § 927.50 Marketing policy. Committee and, from time to time, such § 927.41. (a) It shall be the duty of the Fresh other officers as it may deem advisable Revise § 927.42 to read as follows: Pear Committee to investigate, from and to define the duties of each; and § 927.42 Accounting. time to time, supply and demand (h) To submit to the Secretary as soon (a) If, at the end of a fiscal period, the conditions relative to pears and each as practicable after the beginning of assessments collected are in excess of grade, size, and quality of each variety each fiscal period, a budget for such expenses incurred, the Fresh Pear or subvariety thereof. Such fiscal year, including a report in Committee or the Processed Pear investigations shall be with respect to explanation of the items appearing Committee may carryover such excess the following: therein and a recommendation as to the into subsequent fiscal periods as a (1) Estimated production of each rate of assessment for such period. reserve: Provided, That funds already in Revise § 927.34 to read as follows: variety or subvariety of pears and of the reserve do not exceed approximately each grade, size, and quality thereof; § 927.34 Right of the Secretary. one fiscal period’s expenses. Such (2) Prospective supplies and prices of The members and alternates for reserve may be used to cover any pears and other fruits, both in fresh and members and any agent or employee expense authorized under this part and processed form, which are competitive appointed or employed by the Fresh to cover necessary expenses of to the marketing of pears; Pear Committee or the Processed Pear liquidation in the event of termination (3) Prospective exports of pears and Committee shall be subject to removal of this part. Any such excess not imports of pears from other producing or suspension by the Secretary at any retained in a reserve or applied to any areas; time. Each and every regulation, outstanding obligation of the person (4) Probable harvesting period for decision, determination, or other act from whom it was collected shall be each variety or subvariety of pears; shall be subject to the continuing right refunded proportionately to the persons (5) The trend and level of consumer of the Secretary to disapprove of the from whom it was collected. Upon income; same at any time, and, upon such termination of this part, any funds not (6) General economic conditions; and disapproval, shall be deemed null and required to defray the necessary (7) Other relevant factors. void, except as to acts done in reliance expenses of liquidation shall be (b) On or before August 1 of each year, thereon or in compliance therewith disposed of in such manner as the the Fresh Pear Committee shall prior to such disapproval by the Secretary may determine to be recommend regulations to the Secretary Secretary. appropriate: Provided, That to the extent if it finds, on the basis of the foregoing Revise § 927.35 to read as follows: practical, such funds shall be returned investigations, that such regulation as is pro rata to the persons from whom such provided in § 927.51 will tend to § 927.35 Funds and other property. funds were collected. effectuate the declared policy of the act. (a) All funds received pursuant to any (b) All funds received pursuant to the (c) In the event the Fresh Pear of the provisions of this subpart shall be provisions of this part shall be used Committee at any time finds that by used solely for the purposes specified in solely for the purpose specified in this reason of changed conditions any this subpart, and the Secretary may part and shall be accounted for in the regulation issued pursuant to § 927.51

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should be modified, suspended, or modification, suspension, or Pear Committee or its members, upon terminated, it shall so recommend to the termination of a regulation and the direction of the Secretary, as provided Secretary. Fresh Pear Committee shall give prompt in this section, shall be subject to the Revise § 927.52 to read as follows: notice thereof to growers and handlers. same obligations and duties with Revise § 927.75 to read as follows: respect to said funds, property, or § 927.52 Prerequisites to claims as are imposed upon the recommendations. § 927.75 Liability. members or upon said joint trustees. (a) Decisions of the Fresh Pear No member or alternate for a member Revise § 927.80 to read as follows: Committee or the Processed Pear of the Fresh Pear Committee and/or the Committee with respect to any Processed Pear Committee, nor any § 927.80 Amendments. recommendations to the Secretary employee or agent thereof, shall be held Amendments to this subpart may be pursuant to the establishment or personally responsible, either proposed from time to time by the Fresh modification of a supplemental rate of individually or jointly with others, in Pear Committee and/or the Processed assessment for an individual variety or any way whatsoever, to any party under Pear Committee or by the Secretary. subvariety of pears shall be made by this subpart or to any other person for USDA proposes the following: affirmative vote of not less than 75 errors in judgment, mistakes, or other percent of the applicable total number acts, either of commission or omission, Proposal No. 17 of votes, computed in the manner as such member, alternate for a member, Make such changes as may be hereinafter described in this section, of agent or employee, except for acts of necessary to the order to conform with all members. Decisions of the Fresh Pear dishonesty, willful misconduct, or gross any amendment thereto that may result Committee pursuant to the provisions of negligence. from the hearing. § 927.50 shall be made by an affirmative Revise § 927.79 to read as follows: Dated: March 24, 2004. vote of not less than 80 percent of the A.J. Yates, applicable total number of votes, § 927.79 Proceedings after termination. computed in the manner hereinafter (a) Upon the termination of this Administrator, Agricultural Marketing Service. prescribed in this section, of all subpart, the members of the Fresh Pear members. Committee and/or the Processed Pear [FR Doc. 04–7002 Filed 3–29–04; 8:45 am] (b) With respect to regulation of a Committee then functioning shall BILLING CODE 3410–02–P particular variety or subvariety of pears, continue as joint trustees for the the applicable total number of votes purpose of liquidating all funds and DEPARTMENT OF AGRICULTURE shall be the aggregate of the votes property then in the possession or under the control of the Fresh Pear Committee allotted to the members in accordance Agricultural Marketing Service with the following: Each member shall and/or the Processed Pear Committee, including claims for any funds unpaid have one vote as an individual and, in 7 CFR Part 1160 addition, shall have an equal share of or property not delivered at the time of the vote of the district represented by such termination. [Docket No. DA–04–02] such member; and such district vote (b) The joint trustees shall continue in shall be computed as soon as practical such capacity until discharged by the National Fluid Milk Processor after the beginning of each fiscal period Secretary; from time to time account for Promotion Program; Section 610 on either: all receipts and disbursements; deliver Review all funds and property on hand, together (1) The basis of one vote for each AGENCY: with all books and records of the Fresh Agricultural Marketing Service, 25,000 boxes (except 2,500 boxes for USDA. varieties or subvarieties with less than Pear Committee and/or the Processed ACTION: Notice of regulatory review and 200,000 standard boxes or container Pear Committee and of the joint trustees, request for comments. equivalents) of the average quantity of to such person as the Secretary shall direct; and, upon the request of the such variety or subvariety produced in SUMMARY: This action announces the Secretary, execute such assignments or the particular district and shipped Agricultural Marketing Service’s (AMS) other instruments necessary and therefrom during the immediately review of the National Fluid Milk appropriate to vest in such person full preceding three fiscal periods; or Processor Promotion Program title and right to all of the funds, (2) Such other basis as the Fresh Pear (conducted under the Fluid Milk property, or claims vested in the Fresh Committee or the Processed Pear Promotion Order), using the criteria Pear Committee and/or the Processed Committee may recommend and the contained in Section 610 of the Pear Committee or in said joint trustees. Secretary may approve. The votes so Regulatory Flexibility Act (RFA). allotted to a member may be cast by (c) Any funds collected pursuant to DATES: Written comments on this such member on each recommendation this subpart and held by such joint document must be received by June 1, relative to the variety or subvariety of trustees or such person over and above 2004. pears on which such votes were the amounts necessary to meet computed. outstanding obligations and the ADDRESSES: Interested persons are Revise § 927.53 to read as follows: expenses necessarily incurred by the invited to submit written comments joint trustees or such other person in the concerning this notice of review to § 927.53 Notification. performance of their duties under this David R. Jamison, Chief, Promotion and (a) The Fresh Pear Committee shall subpart, as soon as practicable after the Research Branch, USDA/AMS/Dairy give prompt notice to growers and termination hereof, shall be returned to Programs, STOP 0233—Room 2958–S, handlers of each recommendation to the the handlers pro rata in proportion to 1400 Independence Avenue SW., Secretary pursuant to the provisions of their contributions thereto. Washington, DC 20250–0233. You may § 927.50. (d) Any person to whom funds, send your comments by using the (b) The Secretary shall immediately property, or claims have been electronic process available at the notify the Fresh Pear Committee of the transferred or delivered by the Fresh Federal rulemaking portal at http:// issuance of each regulation and of each Pear Committee and/or the Processed www.regulations.gov. All comments,

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which should reference the docket Promotion Program (conducted under subject to section 168 of the Internal number and the date and page number the Fluid Milk Promotion Order). Revenue Code (MACRS property). of this issue of the Federal Register, will The purpose of the review is to FOR FURTHER INFORMATION CONTACT: be made available for public inspection determine whether the Order should be at the location provided above during continued without change, amended, or Charles J. Magee, (202) 622–3110 (not a regular business hours. rescinded (consistent with the toll-free number). FOR FURTHER INFORMATION CONTACT: objectives of the Act) to minimize any SUPPLEMENTARY INFORMATION: significant economic impact of rules David R. Jamison, USDA/AMS/Dairy Background Programs, Promotion and Research upon a substantial number of small entities. AMS will consider the Branch, Stop 0233—Room 2958–S, 1400 The notice of proposed rulemaking; continued need for the Order; the nature Independence Avenue SW., notice of proposed rulemaking by cross- of complaints or comments received Washington, DC 20250–0233, (202) 720– reference to temporary regulations; 6909, [email protected]. from the public concerning the Order; the complexity of the Order; the extent notice of public hearing; and partial SUPPLEMENTARY INFORMATION: The Fluid to which the Order overlaps, duplicates, withdrawal of proposed regulations Milk Promotion Act of 1990 (Act) (7 or conflicts with other Federal rules, (REG–106590–00, REG–138499–02) that U.S.C. Section 6401, et seq.) authorized and, to the extent feasible, with State is the subject of this correction are the Fluid Milk Promotion Order (Order) and local government rules; and the under section 168 of the Internal (7 CFR part 1160), a national processor length of time since the Order has been Revenue Code. program for fluid milk promotion and evaluated or the degree to which Need for Correction education. The program’s objective is to technology, economic conditions, or educate Americans about the benefits of other factors have changed in the area As published, the notice of proposed milk, increase fluid milk consumption, affected by the Order. rulemaking; notice of proposed and maintain and expand markets and Written comments, views, opinions, rulemaking by cross-reference to uses for fluid milk products in the and other information regarding the temporary regulations; notice of public contiguous 48 States and the District of Order’s impact on small businesses are hearing; and partial withdrawal of Columbia. invited. proposed regulations (REG–106590–00, The program became effective on Dated: March 24, 2004. REG–138499–02) contains errors that December 10, 1993, when the Order was A.J. Yates, may prove to be misleading and is in issued. Processors marketing more than need of clarification. 3,000,000 pounds of fluid milk per Administrator, Agricultural Marketing Service. month, excluding those fluid milk Correction of Publication products delivered to the residence of a [FR Doc. 04–7003 Filed 3–29–04; 8:45 am] consumer, fund this program through a BILLING CODE 3410–02–P Accordingly, the notice of proposed 20-cent per hundredweight assessment rulemaking; notice of proposed on fluid milk processed and marketed in rulemaking by cross-reference to consumer-type packages in the DEPARTMENT OF THE TREASURY temporary regulations; notice of public contiguous 48 States and the District of hearing; and partial withdrawal of Columbia. Internal Revenue Service proposed regulations (REG–106590–00, The Order provides for the REG–138499–02), is corrected as establishment of the Fluid Milk Board, 26 CFR Part 1 follows: which is composed of 20 members [REG–106590–00, REG–138499–02] 1. On page 9560, column 3, in the appointed by the Secretary of preamble, under the caption SUMMARY, RIN 1545–AX95; RIN 1545–BB05 Agriculture. Fifteen members are fluid line 10, the language ‘‘(REG–139499–02) milk processors who each represent a Depreciation of MACRS Property That published July 21,’’ is corrected to read separate geographical region, and five ‘‘(REG–138499–02) published July 21,’’. are at-large members. Of the five at-large Is Acquired in a Like-Kind Exchange or as a Result of an Involuntary members, at least three must be fluid § 1.168(i)–1 [Corrected] milk processors and at least one must be Conversion; Correction 2. On page 9562, column 1, § 1.168(i)– from the general public. The members of AGENCY: Internal Revenue Service (IRS), 1, paragraph (e)(3)(iii)(B)(4), lines 1 the Fluid Milk Board serve 3-year terms Treasury. and are eligible to be appointed to two through 4, the language ‘‘(4) (The text of ACTION: Correction to notice of proposed consecutive terms. the proposed amendment to § 1.168(i)– rulemaking; notice of proposed 1(e)(3)(iii)(B)(4) is the same as the text AMS published in the Federal rulemaking by cross-reference to Register its plan (64 FR 8014, February of § 1.168(i)–1T(e)(3)(iii)(B)(4) temporary regulations; notice of public published’’ is corrected to read ‘‘(4) (The 18, 1999), and later its updated plan (68 hearing; and partial withdrawal of text of the proposed amendment to FR 48574, August 14, 2003), to review proposed regulations. certain regulations using criteria § 1.168(i)–1(e)(3)(iii)(B)(4) is the same as contained in Section 610 of the RFA (5 SUMMARY: This document corrects a the text of § 1.168(i)–1T(e)(3)(iii)(B)(4) U.S.C. 601–612). Given that many AMS notice of proposed rulemaking; notice of published’’. regulations impact small entities, AMS proposed rulemaking by cross-reference 1.168(k)–1 [Corrected] decided as a matter of policy to review to temporary regulations; notice of certain regulations which, although they public hearing; and partial withdrawal 3. On page 9562, column 2, may not meet the threshold requirement of proposed regulations (REG–106590– § 1.168(k)–1, paragraph (g), line 3, the under Section 610 of the RFA, warrant 00, REG–138499–02) that were language ‘‘1(g)(1) is the same as review. Accordingly, this notice and published in the Federal Register on request for comments is made for the Monday, March 1, 2004 (69 FR 9560) National Fluid Milk Processor relating to the depreciation of property

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§ 1.168(g)–’’ is corrected to read ‘‘1(g)(1) Therefore, the public hearing scheduled (i.e., H–049C) in your comments and is the same as § 1.168(k)–’’. for April 7, 2004, is cancelled. briefs. You do not have to send OSHA a hard copy of faxed documents. Cynthia E. Grigsby, Cynthia E. Grigsby, Electronic: You may submit post- Acting Chief, Publications and Regulations Acting Chief, Publications and Regulations hearing comments and briefs, but not Branch, Legal Processing Division, Associate Branch, Legal Processing Division, Associate attachments, through OSHA’s Web site Chief Counsel (Procedures and Chief Counsel (Procedures and Administration). Administration). at http://ecomments.osha.gov. You must submit attachments, such as studies and [FR Doc. 04–6961 Filed 3–29–04; 8:45 am] [FR Doc. 04–6960 Filed 3–29–04; 8:45 am] journal articles, in triplicate hard copy BILLING CODE 4830–01–P BILLING CODE 4830–01–M to the OSHA Docket Office at the address above. These materials must DEPARTMENT OF THE TREASURY clearly identify your name, date, DEPARTMENT OF LABOR subject, and docket number so we can Internal Revenue Service Occupational Safety and Health attach them to your comments. Administration FOR FURTHER INFORMATION CONTACT: For 26 CFR Part 1 technical inquiries, contact Mr. John E. Steelnack, Directorate of Standards and [REG–126459–03] 29 CFR Parts 1910, 1915, and 1926 Guidance, Room N–3718, OSHA, U.S. RIN 1545–BC18 [Docket No. H–049C] Department of Labor, 200 Constitution RIN 1218–AA05 Ave., NW., Washington, DC 20210; Changes in Computing Depreciation; telephone (202) 693–2289 or fax (202) Hearing Cancellation Assigned Protection Factors 693–1678. For additional copies of this Federal Register notice, contact the AGENCY: Internal Revenue Service (IRS), AGENCY: Occupational Safety and Health Office of Publications, Room N–3103, Treasury. Administration (OSHA), Department of OSHA, U.S. Department of Labor, 200 ACTION: Cancellation of public hearing Labor. Constitution Ave., NW., Washington, on proposed rulemaking. ACTION: Extension of the deadlines for DC 20210 (telephone (202) 693–1888). submitting post-hearing comments and Electronic copies of this Federal SUMMARY: This document cancels a briefs Register document, as well as news public hearing on a notice of proposed releases and other relevant documents, rulemaking under sections 446(e) and SUMMARY: OSHA is extending the are available at OSHA’s Web site on the 1016(a)(2) of the Internal Revenue Code deadline for receipt of post-hearing Internet at http://www.osha.gov/. relating to a change in computing public comments and briefs on its SUPPLEMENTARY INFORMATION: OSHA depreciation or amortization as well as proposed ‘‘Assigned Protection Factors’’ held a public hearing on its proposed a change from a nondepreciable or rule to April 29 and May 29, 2004, Assigned Protection Factor rulemaking nonamortizable asset to a depreciable or respectively. This action is in response from January 28 to 30, 2004. After this amortizable asset (or vice versa). to interested parties who have requested hearing, the presiding administrative DATES: The public hearing originally the additional time. law judge established a 60–day post- scheduled for April 7, 2004, at 10 a.m., DATES: Post-hearing comments must be hearing comment period and a 90–day is cancelled. submitted by April 29, 2004; briefs must period for submitting post-hearing FOR FURTHER INFORMATION CONTACT: be submitted by May 29, 2004. briefs, to end March 30 and April 29, Sonya M. Cruse of the Publications and Comments and briefs submitted by mail 2004, respectively. Subsequently, Regulations Branch, Legal Processing must be postmarked no later than April several participants, including the AFL– Division, Associate Chief Counsel 29 and May 29, 2004, respectively. CIO, Mr. Ching Bien, and Mr. Mark (Procedures and Administration), at ADDRESSES: Regular mail, express Haskew, requested an extension of the (202) 622–4693 (not a toll-free number). delivery, hand-delivery, and messenger deadline for submitting post-hearing SUPPLEMENTARY INFORMATION: A notice service. You must submit three copies of comments based on their need to review of proposed rulemaking; Notice of your comments and briefs, including and respond to the hearing transcript, proposed rulemaking by cross-reference attachments, to the OSHA Docket which was not available to the public to temporary regulations and notice of Office, Docket No. H–049C, Technical until March 13. To give all participants public hearing that appeared in the Data Center, Room N–2625, OSHA, U.S. adequate time to review and respond to Federal Register on Friday, January 2, Department of Labor, 200 Constitution the information in the transcript, OSHA 2004, (69 FR 42), announced that a Ave., NW., Washington, DC 20210; is granting these requests and extending public hearing was scheduled for April telephone (202) 693–2350. Please the deadlines for submitting post- 7, 2004, at 10 a.m., in the auditorium, contact the OSHA Docket Office at (202) hearing comments to April 29, 2004, Internal Revenue Service Building, 1111 693–2350 for information about security and post-hearing briefs to May 29, 2004. Constitution Avenue, NW., Washington, procedures concerning the delivery of DC. The subject of the public hearing is materials by express delivery, hand Authority under sections 446(e) and 1016(a) of the delivery, and messenger service. The John L. Henshaw, Assistant Secretary Internal Revenue Code. hours of operation for the OSHA Docket of Labor for Occupational Safety and The public comment period for these Office and Department of Labor are 8:15 Health, U.S. Department of Labor, 200 regulations expired on March 17, 2004. a.m. to 4:45 p.m., EST. Constitution Ave., NW., Washington, The notice of proposed rulemaking Facsimile: If your post-hearing DC 20210, directed the preparation of instructed those interested in testifying comments and briefs, including any this notice under the authority granted at the public hearing to submit a request attachments, are 10 pages or fewer, you by: Sections 4, 6(b), 8(c), and 8(g) of the to speak and an outline of the topics to may fax them to the OSHA Docket Occupational Safety and Health Act of be addressed. As of Wednesday, March Office at (202) 693–1648. In doing so, 1970 (29 U.S.C. 653, 655,657); section 24, 2004, no one has requested to speak. you must include the docket number 107 of the Contract Work Hours and

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Safety Standards Act (the Construction FOR FURTHER INFORMATION CONTACT: adequacy of the proposed amendment. Safety Act) (40 U.S.C. 333); section 41, William J. Kovacic, Telephone: (859) The public comment period closed on the Longshore and Harbor Worker’s 260–8400. August 15, 2003. Please refer to the July Compensation Act (33 U.S.C. 941); SUPPLEMENTARY INFORMATION: 16, 2003, Federal Register, for Secretary of Labor’s Order No. 5–2002 I. Background on the Kentucky Program additional background information. (67 FR 65008); and 29 CFR part 1911. II. Description of the Proposed Amendment By letter dated July 10, 2003, we Signed at Washington, DC, on March 24, III. Public Comment Procedures requested additional information from Kentucky in the form of a financial 2004. I. Background on the Kentucky John L. Henshaw, analysis (Administrative Record No. Program KY–1584). We asked that the analysis Assistant Secretary of Labor. Section 503(a) of the Act permits a specifically demonstrate that the [FR Doc. 04–7074 Filed 3–29–04; 8:45 am] State to assume primacy for the transfer of funds would not adversely BILLING CODE 4510–26–M regulation of surface coal mining and impact the Fund’s ability to complete reclamation operations on non-Federal the reclamation plan for any area which and non-Indian lands within its borders may be in default at any time as DEPARTMENT OF THE INTERIOR by demonstrating that its program required by 30 CFR 800.11(e). By letter includes, among other things, ‘‘a State dated August 14, 2003, Kentucky Office of Surface Mining Reclamation law which provides for the regulation of responded by stating the Madison and Enforcement surface coal mining and reclamation Consulting Group would perform an operations in accordance with the actuarial review of the Fund 30 CFR Part 917 requirements of the Act* * *; and rules (Administrative Record No. KY–1599). [KY–244–FOR] and regulations consistent with By letter dated March 3, 2004, the regulations issued by the Secretary Department for Natural Resources Kentucky Regulatory Program pursuant to the Act.’’ See 30 U.S.C. (formerly the Department for Surface 1253(a) (1) and (7). On the basis of these AGENCY: Office of Surface Mining Mining Reclamation and Enforcement) Reclamation and Enforcement (OSM), criteria, the Secretary of the Interior transmitted the Kentucky Bond Pool conditionally approved the Kentucky Interior. Actuarial Report to us (Administrative program on May 18, 1982. You can find Record No. KY–1615). The actuarial ACTION: Proposed rule; reopening of background information on the public comment period. review covers the time period July 1, Kentucky program, including the 2000, through June 30, 2003. The full SUMMARY: We are reopening the public Secretary’s findings, the disposition of text is available for you to read at the comment period on a proposed comments, and conditions of approval locations listed above at ADDRESSES. The amendment to the Kentucky regulatory of the Kentucky program in the May 18, key findings of the report are program (the ‘‘Kentucky program’’) 1982, Federal Register (47 FR 21434). summarized here. The report concluded under the Surface Mining Control and You can also find later actions that the Fund: Reclamation Act of 1977 (SMCRA or the concerning Kentucky’s program and 1. Should be able to ‘‘reasonably Act). Kentucky has submitted additional program amendments at 30 CFR 917.11, withstand the failure of any two of its information in the form of an actuarial 917.12, 917.13, 917.15, 917.16, and member companies’’ to be actuarially report. The report is an actuarial 917.17. sound and viable on a long-term basis analysis of the Kentucky Bond Pool II. Description of the Proposed (p. 7); Fund performed by the Madison Amendment 2. is ‘‘currently not able to reasonably provide for the ‘two failure’ funding Consulting Group. By letter dated May 22, 2003, DATES: We will accept written scenario up to a 75 percent confidence Kentucky sent us a proposed level’’ (p. 8); comments on this amendment until 4 amendment to its program ([KY–244], p.m., e.s.t., April 14, 2004. 3. needs to increase its assets ‘‘so as Administrative Record No. KY–1580) to provide for potential liabilities and ADDRESSES: You should mail or hand under SMCRA (30 U.S.C. 1201 et seq.). future growth’’ (p. 8); and deliver written comments to William J. Kentucky submitted a portion of House 4. is in a less favorable financial Kovacic at the address listed below. Bill 269, the executive branch budget situation than the last analysis You may review copies of the bill, promulgated by the 2003 Kentucky completed for the period ending June Kentucky program, this amendment, the General Assembly. 30, 2000 (p. 8). actuarial report, and all written Specifically, Kentucky proposes to comments received in response to this transfer $3,000,000 from the Bond Pool III. Public Comment Procedures document at the addresses listed below Fund (the Fund) established in Under the provisions of 30 CFR during normal business hours, Monday Kentucky Revised Statute 350.700 to the 732.17(h), we are seeking your through Friday, excluding holidays. You Commonwealth’s General Fund for the comments on whether the amendment may receive one free copy of the 2002–2003 fiscal year. The transfer satisfies the applicable program amendment by contacting OSM’s appears on page 225, line 21 and is approval criteria of 30 CFR 732.15. If we Lexington Field Office. listed under Part V, Section J, item 5 of approve the amendment, it will become William J. Kovacic, Lexington Field House Bill 269. The full text of the part of the program. Office, Office of Surface Mining program amendment is available for you Reclamation and Enforcement, 2675 to read at the locations listed above Written Comments Regency Road, Lexington, Kentucky under ADDRESSES. Send your written comments to OSM 40503, Telephone: (859) 260–8400, We announced receipt of the at the address given above. Your written Fax: (859) 260–8410. proposed amendment in the July 16, comments should be specific, pertain Department for Natural Resources, 2 2003, Federal Register (68 FR 41980), only to the issues proposed in this Hudson Hollow Complex, Frankfort, and in the same document invited rulemaking, and include explanations in Kentucky 40601, Telephone: (502) public comment and provided an support of your recommendations. In 564–6940. opportunity for a public hearing on the the final rulemaking, we will not

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necessarily consider or include in the and Order, MM Docket No. 01–105, interested parties should serve the administrative record any comments adopted March 10, 2004, and released petitioner’s counsel, as follows: Dan J. received after the time indicated under March 12, 2004. The full text of this Alpert, Esq, The Law Office of Dan J. DATES or at locations other than the Commission decision is available for Alpert; 2120 N. 21st Road; Arlington, Lexington Field Office. inspection and copying during normal Virginia 22201. Availability of Comments business hours in the FCC Reference FOR FURTHER INFORMATION CONTACT: R. Information Center (Room CY–A257), Barthen Gorman, Media Bureau, (202) We will make comments, including 445 12th Street, SW., Washington, DC. 418–2180. names and addresses of respondents, The complete text of this decision SUPPLEMENTARY INFORMATION: This is a available for public review during may also be purchased from the normal business hours. We will not synopsis of the Commission’s Notice of Commission’s copy contractors, Qualex Proposed Rule Making, MB Docket No. consider anonymous comments. If International, Portals II, 445 12th Street, individual respondents request 04–69, adopted March 12, 2004, and SW., Room CY–B402, Washington, DC released March 15, 2004. The full text confidentiality, we will honor their 20554. request to the extent allowable by law. of this Commission decision is available Individual respondents who wish to Federal Communications Commission. for inspection and copying during withhold their name or address from John A. Karousos, regular business hours in the FCC’s public review, except for the city or Assistant Chief, Audio Division, Media Reference Information Center at Portals town, must state this prominently at the Bureau. II, 445 12th Street, SW., CY–A257, beginning of their comments. We will [FR Doc. 04–7100 Filed 3–29–04; 8:45 am] Washington, DC 20554. This document make all submissions from BILLING CODE 6712–01–P may also be purchased from the organizations or businesses, and from Commission’s duplicating contractors, individuals identifying themselves as Qualex International, Portals II, 445 representatives or officials of FEDERAL COMMUNICATIONS 12th Street, SW., Room CY–B402, organizations or businesses, available COMMISSION Washington, DC 20554, telephone 202– for public review in their entirety. 863–2893, facsimile 202–863–2898, or 47 CFR Part 73 via e-mail [email protected]. List of Subjects in 30 CFR Part 917 [DA 04–675; MB Docket No. 04–69; RM– The provisions of the Regulatory Intergovernmental relations, Surface 10859] Flexibility Act of 1980 do not apply to mining, Underground mining. this proceeding. Dated: March 10, 2004. Radio Broadcasting Services; Dexter, Members of the public should note that from the time a Notice of Proposed Michael K. Robinson, GA Rule Making is issued until the matter Acting Regional Director, Appalachian AGENCY: Federal Communications is no longer subject to Commission Regional Coordinating Center. Commission. consideration or court review, all ex [FR Doc. 04–6985 Filed 3–29–04; 8:45 am] ACTION: Proposed rule. parte contacts are prohibited in BILLING CODE 4310–05–P Commission proceedings, such as this SUMMARY: This document requests one, which involve channel allotments. comments on a petition for rule making See 47 CFR 1.1204(b) for rules FEDERAL COMMUNICATIONS filed by Broadcast Equities Corp. governing permissible ex parte contacts. COMMISSION (‘‘Petitioner’’) to add a Class A FM For information regarding proper channel to Dexter, Georgia. This filing procedures for comments, See 47 47 CFR Part 73 proposal would provide Dexter with its CFR 1.415 and 1.420. [DA 04–548; MM Docket No. 01–105; RM– first local aural transmission service. 10104] Although Petitioner originally proposed List of Subjects in 47 CFR Part 73 to allot Channel 300A to Dexter, that Radio, Radio broadcasting. Radio Broadcasting Services; Shiner, proposal was returned as unacceptable For the reasons discussed in the TX for consideration because it was short preamble, the Federal Communications spaced to a licensed FM station. AGENCY: Federal Communications Commission proposes to amend 47 CFR Petitioner filed a petition for Commission. Part 73 as follows: reconsideration of that dismissal, which ACTION: Proposed rule; dismissal. this document dismisses as moot in PART 73—RADIO BROADCAST SUMMARY: The Commission dismisses light of the fact that the Commission has SERVICES the petition for rulemaking filed by found another Class A FM channel, Stargazer Broadcasting, Inc., proposing Channel 276A, which complies with the 1. The authority citation for Part 73 the allotment of Channel 232A at Commission’s technical requirements continues to read as follows: Shiner, Texas. We find that the proposal and can be allotted to Dexter, Georgia. Authority: 47 U.S.C. §§ 154, 303, 334, and conflicts with a prior-filed The coordinates for that allotment are 336. 32–25–59 NL and 83–01–33 WL, with a counterproposal requesting the § 73.202 [Amended] allotment of Channel 232A at Flatonia, site restriction of 3.3 kilometers (2.1 Texas. Moreover, the petition is miles) east of Dexter. 2. Section 73.202(b), the Table of FM Allotments under Georgia, is amended untimely filed to be considered as a DATES: Comments must be filed on or counterproposal in the context of that before May 6, 2004, and reply comments by adding Dexter, Channel 276A. proceeding (MM Docket No. 00–148). on or before May 21, 2004. Federal Communications Commission. FOR FURTHER INFORMATION CONTACT: ADDRESSES: Secretary, Federal John A. Karousos, Sharon P. McDonald, Media Bureau, Communications Commission, 445 12th Assistant Chief, Audio Division, Media (202) 418–2180. Street, SW., Room TW–A325, Bureau. SUPPLEMENTARY INFORMATION: This is a Washington, DC 20554. In addition to [FR Doc. 04–7096 Filed 3–29–04; 8:45 am] synopsis of the Commission’s Report filing comments with the FCC, BILLING CODE 6712–01–P

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Notices Federal Register Vol. 69, No. 61

Tuesday, March 30, 2004

This section of the FEDERAL REGISTER these debts through recoupment of for various debt collection actions; State contains documents other than rules or benefits for recipients still receiving agencies for such purpose as updating proposed rules that are applicable to the benefits, direct billing to non-recipients, claims files, collecting claims, and fiscal public. Notices of hearings and investigations, offset of eligible Federal payments, and reporting; and Congressional offices in committee meetings, agency decisions and other means. Debt collection and response to an inquiry from the rulings, delegations of authority, filing of petitions and applications and agency tracking systems were established to Congressional office made at the request statements of organization and functions are accomplish these collections, and the of the individual against whom the examples of documents appearing in this establishment of and certain changes to claim has been established. section. such systems require notification to the FNS has included some technical public under the Privacy Act. changes that do not affect the operation The Treasury Offset Program (TOP) is of the system. The notice is modified to DEPARTMENT OF AGRICULTURE a mandatory governmentwide reflect a change in room number for delinquent debt matching and payment FNS Grants Management Division. In Office of the Secretary offset system, centralized in the addition the system of records is Department of the Treasury. The Debt modified to retain records for a longer Privacy Act: Revision of an Existing Collection Act of 1982, as amended period, 5 years, as required by the System of Records (Pub. L. 97–365), provides statutory Department of the Treasury. Records AGENCY: Office of the Secretary, USDA. authority for Federal agencies to collect will now be retrievable by case number ACTION: Notice of revision of an existing debts through administrative offset. or debt number now that the format for system of records. The Debt Collection Improvement Act submission to TOP requires that data. of 1996 (Pub. L. 104–134) expands the Dated: March 23, 2004. SUMMARY: The U.S. Department of statutory authority for TOP by requiring Ann M. Veneman, Agriculture is giving notice of a revision agencies to transfer delinquent non-tax Secretary of Agriculture. to its Privacy Act System of Records debt to Treasury for the purpose of entitled Claims Against Food Stamp offsetting Federal payments to collect SYSTEM NAME: Recipients—USDA/FNS–3. delinquent debts owed to the Federal Claims Against Food Stamp DATES: This revision will become Government. TOP operates in Recipients—USDA/FNS–3 effective on May 14, 2004, unless accordance with statutory and modified by a subsequent notice to regulatory authorities, including those SECURITY CLASSIFICATION: incorporate comments received from the contained in 31 U.S.C. 3716, 3720A, None. public. To be assured of consideration, 3701, and 26 U.S.C. 6402(d). SYSTEM LOCATION: comments must be received by the This Notice modifies the system of contact person listed below on or before records entitled Claims Against Food Grants Management Division, Food April 29, 2004. Stamp Recipients—USDA/FNS—3 so and Nutrition Service (FNS), United that FNS can fully comply with States Department of Agriculture, 3101 ADDRESSES: Comments should be addressed to Barbara Hallman, Chief, Treasury requirements for various debt Park Center Drive, Room 744, State Administration Branch, Program collection actions. This notice modifies Alexandria, Virginia 22302, and FNS Accountability Division, Food Stamp the systems of records as follows: Regional Offices located in: Atlanta, Changes to the current use consist of: Georgia, which covers the States of Program, 3101 Park Center Drive, Room • 820, Alexandria, Virginia 22302. Deleting the referral to Treasury Alabama, Florida, Georgia, Kentucky, designated collection centers as Food Mississippi, North Carolina, South FOR FURTHER INFORMATION CONTACT: Sara Stamp Program recipient claims are Carolina, and Tennessee; Boston, Bradshaw, Food and Nutrition Service exempt from cross servicing; Massachusetts, which covers the States (FNS) Privacy Act Officer, Room 322, • Expanding the use of Federal of Connecticut, Massachusetts, Maine, 3101 Park Center Drive, Alexandria, payroll servicing agencies as match New Hampshire, New York, Rhode Virginia 22302. Telephone (703) 305– sources in the area of salary offset; and Island, and Vermont; Chicago, Illinois, 2244. • No longer submitting debt directly which covers the States of Illinois, SUPPLEMENTARY INFORMATION: The to the United States Postal Service Michigan, Minnesota, Ohio, and Privacy Act requires FNS to publish this (USPS) for salary offset. Wisconsin; Dallas Texas, which covers Privacy Act systems of records of notice New uses included in this notice are: the States of Arkansas, Louisiana, New to inform the public that certain changes • Using the Federal payroll servicing Mexico, Oklahoma, and Texas; Denver, are being made to a system of records agencies to identify Federal employees Colorado, which covers the States of containing information on individuals and collect debts; Colorado, Iowa, Kansas, Missouri, against whom fiscal claims have been • Referring debtor information to Montana, Nebraska, North Dakota, established under the Food Stamp information brokers for locating debtors; South Dakota, Utah, and Wyoming; Program and to request public comment. and Trenton, New Jersey, which covers the Monetary claims are established • Collecting data from Social Security States of Delaware, District of Columbia, against food stamp recipients and Administration death records. Maryland, New Jersey, Pennsylvania, former recipients who owe debts due to Data will continue to be shared with Puerto Rico, Virginia, Virgin Islands, certain errors or infractions of Food the following entities; the Department of and West Virginia; and San Francisco, Stamp Program rules. State and Federal the Treasury for the purpose of California, which covers the States of government offices seek collections for complying with Treasury requirements Alaska, Arizona, California, Guam,

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Hawaii, Idaho, Nevada, Oregon, RETRIEVABILITY: come from a private information broker. American Samoa, Trust Territories of Records are retrievable by name and Information in the system also comes the Pacific, and Washington. The social security number. In addition, from the Federal payroll servicing address of each regional office is listed records may be retrieved by a State agencies files of individuals who are in the telephone directory of the assigned case number or debt number. currently employed by or who are respective cities listed above under the receiving salaries, pensions and other heading of ‘‘United States Government, SAFEGUARDS: payments from Federal agencies and the Department of Agriculture, Food and Access to records is limited to those USPS, and from all other sources of Nutrition Service.’’ persons who process the records for the Federal payments. specific routine uses stated above. CATEGORIES OF INDIVIDUALS COVERED BY THE Records in such forms as magnetic tape EXEMPTIONS CLAIMED FOR THE SYSTEM: SYSTEM: or CD–ROM are kept in physically None. Individuals who have received food secured rooms and/or cabinets. Various [FR Doc. 04–6888 Filed 3–29–04; 8:45 am] stamp benefits to which they are not methods of computer security limit BILLING CODE 3410–30–M entitled. access to records in automated CATEGORIES OF RECORDS IN THE SYSTEM: databases. Paper records that contain The information in the system taxpayer information will be segregated DEPARTMENT OF AGRICULTURE consists of individuals’ names, and physically secured in locked Agricultural Marketing Service addresses, social security numbers and cabinets. amounts of claims and amounts of any RETENTION AND DISPOSAL: [Docket No. FV04–902–1NC] collections. The information in the The FNS retains for no longer than 5 system also includes identification of Notice of Request for Extension and years. All records are either returned to individuals’ as Federal employees and Revision of a Currently Approved State agencies or destroyed. Federal payments offset. The system Information Collection includes limited information about SYSTEM MANAGER(S) AND ADDRESS: AGENCY: Agricultural Marketing Service, claims such as age, reasons for the The system manager is the Director of USDA. overissuance of benefits, and State the Grants Management Division, Food agency collection efforts. The system ACTION: Notice and request for and Nutrition Service, United States comments. may also include information from the Department of Agriculture, 3101 Park Social Security Administration death Center Drive, Room 744, Alexandria, SUMMARY: In accordance with the records. Virginia 22302. Paperwork Reduction Act of 1995 (44 AUTHORITY FOR MAINTENANCE OF THE SYSTEM: U.S.C. Chapter 35), this notice NOTIFICATION PROCEDURE: 7 U.S.C. 2011–2031. announces the Agricultural Marketing Individuals may request from the Service’s (AMS) intention to request an PURPOSE: system manager identified in the extension and revision to a currently The purpose of this system of records preceding paragraph information approved generic information collection is to facilitate the collection of regarding this system of records or for marketing orders covering fruit delinquent food stamp recipient debts. whether the system contains records crops. pertaining to them. Individuals ROUTINE USES OF RECORDS MAINTAINED IN THE requesting such information must DATES: Comments on this notice must be SYSTEM, INCLUDING CATEGORIES OF USERS AND provide their name, address and social received by June 1, 2004. THE PURPOSES OF SUCH USES: security number. FOR FURTHER INFORMATION CONTACT: (1) Referral to the Department of the Contact Caroline C. Thorpe, Marketing Treasury (Treasury) for debt collection RECORD ACCESS PROCEDURES: Specialist, Marketing Order actions. (2) Referral to the Federal Individuals may obtain information Administration Branch, Fruit and payroll servicing agencies for about records in the system that pertain Vegetable Programs, AMS, USDA, 1400 identification and collection of to them by written or oral requests to Independence Avenue SW., STOP 0237, overpayments. (3) Referral may be made the system manager. To assure room 2525–S., Washington, DC 20250– to State agencies for such purposes as confidentiality and prompt routing, 6456; Tel: (202) 205–2829, Fax: (202) updating claims files, collecting claims, written requests should be marked 720–5698, or E-mail: and for fiscal reporting. (4) Disclosure ‘‘Privacy Act Request.’’ [email protected] or http:// may be made to a Congressional office www.regulations.gov. CONTESTING RECORD PROCEDURES: from the record of an individual in Small businesses may request response to an inquiry from the Individuals desiring to contest or information on this notice by contacting Congressional office made at the written amend information maintained in the Jay Guerber, Regulatory Fairness request of the individual. (5) Referral to system should direct requests to the Representative, Marketing Order private information brokers to obtain system manager, state the reasons for Administration Branch, Fruit and current addresses for due process contesting the information and provide Vegetable Programs, AMS, USDA, 1400 notification purposes and deceased any available documentation to support Independence Ave. SW., STOP 0237, records. the requested action. room 2525–S, Washington, DC 20250– POLICIES AND PRACTICES FOR STORING, RECORD SOURCE CATEGORIES: 6456; telephone (202) 720–2491, Fax: RETRIEVING, ACCESSING, RETAINING, AND Information in this system comes (202) 720–5698, or E-mail: DISPOSING OF RECORDS IN THE SYSTEM from State agency files concerning food [email protected]. STORAGE: stamp recipient claims, and Internal SUPPLEMENTARY INFORMATION: Title: Records are maintained by automated Revenue Service files of addresses of Marketing Orders for Fruit Crops. data storage methods such as CD–ROM, individuals who have filed income tax OMB Number: 0581–0189. magnetic tape and disk. Some records returns. Address information and Social Expiration Date of Approval: July 31, may also be maintained on paper. Security Administration death records 2004.

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Type of Request: Extension and Some forms are required to be filed collected; and (4) ways to minimize the Revision of a currently approved with the committee or board. The orders burden of the collection of information information collection. and their rules and regulations on those who are to respond, including Abstract: Marketing order programs authorize the respective commodities’ through the use of appropriate provide an opportunity for producers of committees and boards, the agencies automated, electronic, mechanical, or fresh fruits, vegetables and specialty responsible for local administration of other technological collection crops, in specified production areas, to the orders, to require handlers and techniques or other forms of information work together to solve marketing producers to submit certain information. technology. problems that cannot be solved Much of the information is compiled in Comments should reference this individually. This notice covers the aggregate and provided to the respective docket number and the appropriate following marketing order program industries to assist in marketing marketing order, and be mailed to the citations 7 CFR parts 905, 906, 915, 916, decisions. The committees and boards Docket Clerk, Fruit and Vegetable 917, 920, 922, 923, 924, 925, 927, 929, have developed forms as a means for Programs, AMS, USDA, 1400 and 931. Order regulations help ensure persons to file required information Independence Ave. S.W., STOP 0237, adequate supplies of high quality relating to supplies, shipments, and room 2525-S, Washington, DC 20090– product and adequate returns to dispositions of their respective 6456; Fax (202) 720–5698; or E-mail: producers. Under the Agricultural commodities, and other information [email protected] or http:// Marketing Agreement Act of 1937 (Act), needed to effectively carry out the www.regulations.gov. Comments should as amended (7 U.S.C. 601–674) purpose of the Act and their respective reference the docket number and the industries enter into marketing order orders, and these forms are utilized date and page number of this issue of programs. The Secretary of Agriculture accordingly. the Federal Register. All comments is authorized to oversee the order The forms covered under this received will be available for public operations and issue regulations information collection require the inspection in the Office of the Docket recommended by a committee of minimum information necessary to Clerk during regular USDA business representatives from each commodity effectively carry out the requirements of hours at 1400 Independence Ave. SW., industry. the orders, and their use is necessary to STOP 0237, Washington, DC, room The information collection fulfill the intent of the Act as expressed 2525–S, or can be viewed at: http:// requirements in this request are in the orders rules and regulations. www.ams.usda.gov/fv/moab.html. essential to carry out the intent of the The information collected is used All responses to this notice will be Act, to provide the respondents the type only by authorized employees of the summarized and included in the request of service they request, and to committees and authorized for OMB approval. All comments will administer the marketing order representatives of the USDA, including also become a matter of public record. programs. Under the Act, orders may AMS, Fruit and Vegetable Programs’ Dated: March 25, 2004. regional and headquarter’s staff. authorize the following: Production and A. J. Yates, marketing research, including paid Authorized committee or board employees are the primary users of the Administrator, Agricultural Marketing advertising; volume regulations; Service. reserves, including pools and producer information and AMS is the secondary user. [FR Doc. 04–7039 Filed 3–29–04; 8:45 am] allotments; container regulations; and BILLING CODE 3410–02–P quality control. Assessments are levied Estimate of Burden: Public reporting on handlers regulated under the burden for this collection of information is estimated to average .22 hours per marketing orders. DEPARTMENT OF AGRICULTURE Several forms are required to be filed response. Respondents: Producers, handlers and by USDA to enable its administration of Animal and Plant Health Inspection processors. Service each program. These include forms Estimated Number of Respondents: covering the selection process for 19,576. [Docket No. 04–016–1] industry members to serve on a Estimated Number of Responses: marketing order’s committee or board 38,058. Notice of Request for Reinstatement of and ballots used in referenda to amend Estimated Number of Responses per an Information Collection or continue marketing order programs. Respondent: 1.96. AGENCY: Animal and Plant Health Under Federal marketing orders, Estimated Total Annual Burden on Inspection Service, USDA. producers and handlers are nominated Respondents: 8,579 hours. by their peers to serve as representatives Once this information collection is ACTION: Reinstatement of approval of an on a committee or board which approved, OMB Control No. 0581–0177 information collection; comment administers each program. Nominees Tart Cherries, will be merged into the request. must provide information on their Fruit Crops information collection SUMMARY: In accordance with the qualifications to serve on the committee package. Paperwork Reduction Act of 1995, this or board. Nominees are selected by the Comments: Comments are invited on: notice announces the Animal and Plant Secretary. Formal rulemaking (1) Whether the proposed collection of Health Inspection Service’s intention to amendments must be approved in the information is necessary for the request a reinstatement of an referenda conducted by USDA and the proper performance of the functions of information collection in support of the Secretary. For the purposes of this the agency, including whether the domestic pseudorabies accelerated action, ballots are considered information will have practical utility; eradication program. information collections and are subject (2) the accuracy of the agency’s estimate to the Paperwork Reduction Act. If an of the burden of the proposed collection DATES: We will consider all comments order is amended, handlers are asked to of information including the validity of that we receive on or before June 1, sign an agreement indicating their the methodology and assumptions used; 2004. willingness to abide by the provisions of (3) ways to enhance the quality, utility ADDRESSES: You may submit comments the amended order. and clarity of the information to be by any of the following methods:

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• Postal Mail/Commercial Delivery: responsible for, among other things, permitting electronic submission of Please send four copies of your preventing the interstate spread of pests responses. comment (an original and three copies) and diseases of livestock within the Estimate of burden: The public to Docket No. 04–016–1, Regulatory United States and for conducting reporting burden for this collection of Analysis and Development, PPD, eradication programs. In connection information is estimated to average APHIS, Station 3C71, 4700 River Road with this mission, the Animal and Plant 0.1954918 hours per response. Unit 118, Riverdale, MD 20737–1238. Health Inspection Service (APHIS), Respondents: Swine herd owners, Please state that your comment refers to USDA, established an accelerated State animal health authorities, and Docket No. 04–016–1. pseudorabies eradication program, accredited veterinarians. • E-mail: Address your comment to including the payment of indemnity, to Estimated annual number of [email protected]. Your further pseudorabies eradication efforts respondents: 1,600. comment must be contained in the body in cooperation with States and industry Estimated annual number of of your message; do not send attached and to protect swine not infected with responses per respondent: 7.625. files. Please include your name and pseudorabies from the disease. Estimated annual number of address in your message and ‘‘Docket Pseudorabies is a contagious, responses: 12,200. No. 04–016–1’’ on the subject line. infectious, and communicable disease of Estimated total annual burden on • Agency Web Site: Go to http:// livestock, primarily swine. The disease, respondents: 2,385 hours. (Due to www.aphis.usda.gov/ppd/rad/ also known as Aujeszky’s disease, mad averaging, the total annual burden hours cominst.html for a form you can use to itch, and infectious bulbar paralysis, is may not equal the product of the annual submit an e-mail comment through the caused by a herpes virus, and is known number of responses multiplied by the APHIS Web site. to cause reproductive problems, reporting burden per response.) • Federal eRulemaking Portal: Go to including abortion and stillborn death, All responses to this notice will be http://www.regulations.gov and follow and death in neonatal pigs, and summarized and included in the request the instructions for locating this docket occasional death losses in breeding and for OMB approval. All comments will and submitting comments. finishing hogs. also become a matter of public record. Reading Room: You may read any The regulations in 9 CFR part 85 Done in Washington, DC this 25th day of comments that we receive on this govern the interstate movement of swine March, 2004. docket in our reading room. The reading and other livestock (cattle, sheep, and Kevin Shea, room is located in room 1141 of the goats) in order to help prevent the Acting Administrator, Animal and Plant USDA South Building, 14th Street and spread of pseudorabies. These Health Inspection Service. Independence Avenue SW., regulations authorize the payment of [FR Doc. 04–7009 Filed 3–29–04; 8:45 am] Washington, DC. Normal reading room indemnity to herd owners for the BILLING CODE 3410–34–P hours are 8 a.m. to 4:30 p.m., Monday depopulation of swine known to be through Friday, except holidays. To be infected with pseudorabies and require sure someone is there to help you, the collection of information that DEPARTMENT OF AGRICULTURE please call (202) 690–2817 before includes an appraisal and agreement coming. form, a movement permit, and a report Animal and Plant Health Inspection Other Information: You may view of net salvage proceeds. Additionally, Service APHIS documents published in the the swine must be moved to slaughter [Docket No. 04–017–1] Federal Register and related in a means of conveyance sealed with information, including the names of an official seal. Notice of Request for Extension of groups and individuals who have We are asking the Office of Approval of an Information Collection commented on APHIS dockets, on the Management and Budget (OMB) to Internet at http://www.aphis.usda.gov/ approve our use of these information AGENCY: Animal and Plant Health ppd/rad/webrepor.html. collection activities for 3 years. Inspection Service, USDA. FOR FURTHER INFORMATION CONTACT: For The purpose of this notice is to solicit ACTION: Extension of approval of an information regarding the domestic comments from the public (as well as information collection; comment pseudorabies accelerated eradication affected agencies) concerning our request. program, contact Dr. Adam Grow, information collection. These comments SUMMARY: In accordance with the National Surveillance Coordinator, will help us: Paperwork Reduction Act of 1995, this Eradication and Surveillance Team, (1) Evaluate whether the collection of notice announces the Animal and Plant National Center for Animal Health information is necessary for the proper Health Inspection Service’s intention to Programs, VS, APHIS, 4700 River Road performance of the functions of the request an extension of approval of an Unit 43, Riverdale, MD 20737; (301) Agency, including whether the information collection in support of 734–3752. For copies of more detailed information will have practical utility; regulations for tuberculosis eradication information on the information (2) Evaluate the accuracy of our under which owners of dairy cattle in El collection, contact Mrs. Celeste Sickles, estimate of the burden of the Paso, Texas, can receive payments for APHIS’ Information Collection information collection, including the their animals and other property and the Coordinator, at (301) 734–7477. validity of the methodology and cessation of operations. SUPPLEMENTARY INFORMATION: assumptions used; Title: Pseudorabies Accelerated (3) Enhance the quality, utility, and DATES: We will consider all comments Eradication Program; Payment of clarity of the information to be that we receive on or before June 1, Indemnity. collected; and 2004. OMB Number: 0579–0137. (4) Minimize the burden of the ADDRESSES: You may submit comments Type of Request: Reinstatement of an information collection on those who are by any of the following methods: information collection. to respond, through use, as appropriate, • Postal Mail/Commercial Delivery: Abstract: The United States of automated, electronic, mechanical, Please send four copies of your Department of Agriculture (USDA) is and other collection technologies, e.g., comment (an original and three copies)

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to Docket No. 04–017–1, Regulatory and diseases of livestock within the owner/operators of livestock markets Analysis and Development, PPD, United States and for conducting and slaughtering plants in the El Paso, APHIS, Station 3C71, 4700 River Road eradication programs. In connection TX, area; cattle purchasers and selling Unit 118, Riverdale, MD 20737–1238. with this mission, USDA’s Animal and agents; State animal health authorities; Please state that your comment refers to Plant Health Inspection Service (APHIS) and accredited veterinarians. Docket No. 04–017–1. participates in the Cooperative State- Estimated annual number of • E-mail: Address your comment to Federal Bovine Tuberculosis respondents: 95. [email protected]. Your Eradication Program, which is a Estimated annual number of comment must be contained in the body national program to eliminate bovine responses per respondent: 6.210526. of your message; do not send attached tuberculosis from the United States. Estimated annual number of files. Please include your name and Federal regulations implementing this responses: 590. address in your message and ‘‘Docket program are contained in 9 CFR part 77. Estimated total annual burden on No. 04–017–1’’ on the subject line. Additionally, the regulations in 9 CFR respondents: 875 hours. (Due to • Agency Web site: Go to http:// part 50 provide for the payment of averaging, the total annual burden hours www.aphis.usda.gov/ppd/rad/ indemnity to owners of certain animals may not equal the product of the annual cominst.html for a form you can use to destroyed because of tuberculosis, in number of responses multiplied by the submit an e-mail comment through the order to encourage destruction of reporting burden per response.) APHIS Web site. animals that are infected with, or at All responses to this notice will be • Federal eRulemaking Portal: Go to significant risk of being infected with, summarized and included in the request http://www.regulations.gov and follow the disease. In part 50, payments are for OMB approval. All comments will the instructions for locating this docket also authorized to owners of dairy cattle also become a matter of public record. and submitting comments. in El Paso, Texas, for their animals and Reading Room: You may read any Done in Washington, DC, this 25th day of other property, the cessation of March 2004. comments that we receive on this operations, and relocation of a dairy Kevin Shea, docket in our reading room. The reading plant’s equipment. room is located in room 1141 of the The payment program for owners in Acting Administrator, Animal and Plant USDA South Building, 14th Street and El Paso, TX, requires the use of a Health Inspection Service. Independence Avenue SW., number of information collection [FR Doc. 04–7010 Filed 3–29–04; 8:45 am] Washington, DC. Normal reading room activities, including an agreement to BILLING CODE 3410–34–P hours are 8 a.m. to 4:30 p.m., Monday cease operations, the use of metal through Friday, except holidays. To be eartags, movement permits, salvage DEPARTMENT OF AGRICULTURE sure someone is there to help you, reports, salvage and disposal affidavits, please call (202) 690–2817 before and payment claim forms. Forest Service coming. We are asking the Office of Other Information: You may view Management and Budget (OMB) to Madera County Resource Advisory APHIS documents published in the approve our use of these information Committee Federal Register and related collection activities for an additional 3 information, including the names of years. AGENCY: Forest Service, USDA. groups and individuals who have The purpose of this notice is to solicit ACTION: Notice of resource advisory commented on APHIS dockets, on the comments from the public (as well as committee meeting. Internet at http://www.aphis.usda.gov/ affected agencies) concerning our ppd/rad/webrepor.html. information collection. These comments SUMMARY: Pursuant to the authorities in FOR FURTHER INFORMATION CONTACT: For will help us: the Federal Advisory Committee Act of information on the tuberculosis (1) Evaluate whether the collection of 1972 (Pub. L. 92–463) and under the eradication regulations and payments to information is necessary for the proper secure Rural Schools and Community owners of dairy cattle in El Paso, Texas, performance of the functions of the Self-Determination Act of 2000 (Pub. L. contact Dr. Terry Beals, Senior Staff Agency, including whether the 106–393) the Sierra National Forest’s Veterinarian, Eradication and information will have practical utility; Resource Advisory Committee for Surveillance Team, National Center for (2) Evaluate the accuracy of our Madera County will meet on Monday, Animal Health Programs, VS, APHIS, estimate of the burden of the April 19, 2004. The Madera Resource 4700 River Road Unit 43, Riverdale, MD information collection, including the Advisory Committee will meet at the 20737–1231; (301) 734–5467. For copies validity of the methodology and USDA Forest Service Office, North Fork, of more detailed information on the assumptions used; CA. The purpose of the meeting is: New (3) Enhance the quality, utility, and information collection, contact Mrs. RAC proposal review and voting, review clarity of the information to be Celeste Sickles, APHIS’ Information Holistic Goal & Evaluation Criteria, and collected; and Review Sierra Business Council book. Collection Coordinator, at (301) 734– (4) Minimize the burden of the 7477. DATES: The Madera Resource Advisory information collection on those who are Committee meeting will be held SUPPLEMENTARY INFORMATION: to respond, through use, as appropriate, Monday, April 19, 2004. The meeting Title: Tuberculosis Payments to of automated, electronic, mechanical, will be held from 7 p.m. to 9 p.m. Owners of Dairy Cattle in El Paso, and other collection technologies, e.g., Texas. permitting electronic submission of ADDRESSES: The Madera County RAC OMB Number: 0579–0193. responses. meeting will be held at the USDA Forest Type of Request: Extension of Estimate of burden: The public Service Office, 57003 Road 225, North approval of an information collection. reporting burden for this collection of Fork, CA 93643. Abstract: The United States information is estimated to average FOR FURTHER INFORMATION CONTACT: Department of Agriculture (USDA) is 1.483 hours per response. Dave Martin, U.S.D.A., Sierra National responsible for, among other things, Respondents: Owners of dairy Forest, Bass Lake Ranger District, 57003 preventing the interstate spread of pests operations in the El Paso, TX, area; Road 225, North Fork, CA, 93643 (559)

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877–2218 ext. 3100; e-mail: DEPARTMENT OF AGRICULTURE Copies of this information collection [email protected]. can be obtained from Cheryl Thompson, Rural Business-Cooperative Service Regulations and Paperwork SUPPLEMENTARY INFORMATION: Agenda Management Division, at (202) 692– items to be covered include: (1) New Notice of Request for Extension of a 0043. RAC proposal review and voting, (2) Currently Approved Information review Holistic Goal & Evaluation Collection Comments Criteria, and (3) review of Sierra AGENCY: Rural Business-Cooperative Comments are invited on: (a) Whether Business Council book. Public input Service, USDA. the proposed collection of information opportunity will be provided and is necessary for the proper performance ACTION: Proposed collection, comments individuals will have the opportunity to requested. of Rural Development functions, address the Committee at that time. including whether the information will Dated: March 23, 2004. SUMMARY: In accordance with the have a practical utility; (b) the accuracy Paperwork Reduction Act of 1995, this of Rural Development’s estimate of the David W. Martin, notice announces Rural Development’s burden of the proposed collection of District Ranger, Bass Lake Ranger District. intention to request an extension for a information, including the validity of [FR Doc. 04–7024 Filed 3–29–04; 8:45 am] currently approved information the methodology and assumptions used; BILLING CODE 3410–11–M collection in support of the Value- (c) ways to enhance the quality, utility, Added Producer Grant (VAPG) Program. and clarity of the information to be DATES: Comments on this notice must be collected; and (d) ways to minimize the DEPARTMENT OF AGRICULTURE received by June 1, 2004. burden of the collection of information FOR FURTHER INFORMATION, CONTACT: on those who are to respond, including Forest Service Marc Warman, Program Leader, Funded the use of appropriate automated, Programs, Cooperative Services, Rural electronic, mechanical, or other Mendocino Resource Advisory technological collection techniques or Committee Business and Cooperative Programs, U.S. Department of Agriculture, STOP other forms of information technology. 3250, 1400 Independence Avenue, SW., Comments may be sent to Cheryl AGENCY: Forest Service, USDA. Washington, DC 20252–3250, Thompson, Regulations and Paperwork ACTION: Notice of meeting. Telephone Number (202) 690–1431. Management Division, U.S. Department SUPPLEMENTARY INFORMATION: of Agriculture, Rural Development, SUMMARY: The Mendocino County Title: Value-Added Producer Grants. STOP 0742, 1400 Independence Avenue Resource Advisory Committee will meet OMB Number: 0570–0039. SW., Washington, DC 20250. All April 16, 2004, (RAC) in Willits, Expiration Date of Approval: October responses to this notice will be California. Agenda items to be covered 30, 2004. summarized and included in the request include: (1) Approval of minutes, (2) Type of Request: Extension of a for OMB approval. All comments will Public Comment, (3) Processes, (4) currently approved information also become a matter of public record. Forest Service Projects and other collection. Dated: March 23, 2004. potential projects, (5) Multiple Use— Abstract: The primary purpose of the Value-Added Producer Grant (VAPG) John Rosso, discussion, (6) General Discussion, (7) Administrator, Rural Business-Cooperative Next agenda and meeting date. Program is to enable producers of agricultural commodities to participate Service. DATES: The meeting will be held on in the economic returns to be found in [FR Doc. 04–7036 Filed 3–29–04; 8:45 am] April 16, 2004, from 9 a.m. to 12 noon. the value-added market. Grants can be BILLING CODE 3410–XY–P used for planning purposes such as ADDRESSES: The meeting will be held at feasibility studies, marketing plans, and the Mendocino County Museum, DEPARTMENT OF AGRICULTURE business plans. Grants can also be used located at 400 E. Commercial St., to establish working capital accounts to Willits, California. Rural Business-Cooperative Service pay salaries, utilities, and other FOR FURTHER INFORMATION CONTACT: operating expenses for a new venture to Maximum Dollar Amount on Awards Roberta Hurt, Committee Coordinator, help achieve a positive cash flow. Under the Rural Economic USDA, Mendocino National Forest, Grants will be awarded on a competitive Development Loan and Grant Program Covelo Ranger District, 78150 Covelo basis to eligible applicants based on for Fiscal Year 2004 Road, Covelo CA 95428. (707) 983– specific selection criteria. 8503; E-mail [email protected] Estimate of Burden: Public reporting AGENCY: Rural Business-Cooperative burden for this collection of information Service, USDA. SUPPLEMENTARY INFORMATION: The is estimated to average 43 hours per ACTION: Notice. meeting is open to the public. Persons grant application. who wish to bring matters to the Respondents: Independent SUMMARY: The Rural Business- attention of the Committee may file agricultural producers, farmer and Cooperative Service hereby announces written statements with the Committee rancher cooperatives, agricultural the maximum dollar amount on loan staff by April 1, 2004. Public comment producer groups, and majority- and grant awards under the Rural will have the opportunity to address the controlled producer-based groups. Economic Development Loan and Grant committee at the meeting. Estimated Number of Respondents: (REDLG) program for fiscal year (FY) Dated: March 24, 2004. 800. 2004. The maximum dollar award on zero-interest loans for FY 2004 is Blaine Baker, Estimated Number of Responses per Respondent: 1. $450,000. The maximum dollar award Designated Federal Official. Estimated Number of Responses: 800. on grants for FY 2004 is $300,000. The [FR Doc. 04–7038 Filed 3–29–04; 8:45 am] Estimated Total Annual Burden on maximum loan and grant awards stated BILLING CODE 3410–11–M Respondents: 34,040 hours. in this notice are effective for loans and

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grants made during the fiscal year Avenue, Athens, GA 30601–2768, (706) Montana beginning October 1, 2003, and ending 546–2162. USDA Rural Development State Office, P.O. September 30, 2004. REDLG loans and Hawaii Box 850, 900 Technology Blvd., Unit 1, grants are available to Rural Utilities Suite B, Bozeman, MT 59717, (406) 585– USDA Rural Development State Office, 2580. Service electric and telephone utilities Federal Building, Room 311, 154 to assist in developing rural areas from Waianuenue Avenue, Hilo, HI 96720, (808) Nebraska an economic standpoint. 933–8380. USDA Rural Development State Office, FOR FURTHER INFORMATION CONTACT: Federal Building, Room 152, 100 Centennial Idaho Diane Berger, Loan Specialist, Rural Mall North, Lincoln, NE 68508, (402) 437– Business-Cooperative Service, USDA, USDA Rural Development State Office, 9173 5551. West Barnes Dr., Suite A1, Boise, ID 83709, STOP 3225, Room 6866, 1400 Nevada Independence Avenue, SW., (208) 378–5600. USDA Rural Development State Office, 1390 Washington, DC 20250–3225. Illinois South Curry Street, Carson City, NV Telephone: (202) 720–2383 FAX: (202) USDA Rural Development State Office, 2118 89703–9910, (775) 887–1222. 720–2213. West Park Court, Suite A, Champaign, IL New Jersey ADDRESSES: For further information, 61821, (217) 403–6200. USDA Rural Development State Office, 5th entities wishing to apply for assistance Indiana should contact a Rural Development Floor North, Suite 500, 8000 Midlantic State Office to receive further USDA Rural Development State Office, 5975 Drive, Mt. Laurel, NJ 08054, (856) 787– Lakeside Boulevard, Indianapolis, IN 7700. information and copies of the 46278, (317) 290–3100. application package. A list of Rural New Mexico Development State Offices follows: Iowa USDA Rural Development State Office, 6200 USDA Rural Development State Office, Jefferson Street, NE., Room 255, District of Columbia Federal Building, Room 873, 210 Walnut Albuquerque, NM 87109, (505) 761–4950. Rural Business-Cooperative Service, USDA, Street, Des Moines, IA 50309–2196, (515) New York Specialty Lenders Division, 1400 284–4663. Independence Avenue, SW., STOP 3225, USDA Rural Development State Office, The Kansas Room 6867, Washington, DC 20250–3225, Galleries of Syracuse, 441 South Salina (202) 720–1400. USDA Rural Development State Office, Suite Street, Suite 357, Syracuse, NY 13202– 100, 1303 SW First American Place, 2541, (315) 477–6400. Alabama Topeka, KS 66604, (785) 271–2700. North Carolina USDA Rural Development State Office, Sterling Center, Suite 601, 4121 Kentucky USDA Rural Development State Office, 4405 Carmichael Road, Montgomery, AL 36106– USDA Rural Development State Office, 771 Bland Road, Suite 260, Raleigh, NC 27609, 3683, (334) 279–3400. Corporate Drive, Suite 200, Lexington, KY (919) 873–2000. 40503, (859) 224–7300. Alaska North Dakota USDA Rural Development State Office, 800 Louisiana USDA Rural Development State Office, P.O. West Evergreen, Suite 201, Palmer, AK USDA Rural Development State Office, 3727 Box 1737, Federal Building, Room 208, 220 99645–6539, (907) 761–7705. Government Street, Alexandria, LA 71302, East Rosser Avenue, Bismarck, ND 58502– 1737, (701) 530–2037. Arizona (318) 473–7920. Ohio USDA Rural Development State Office, 3003 Maine USDA Rural Development State Office, North Central Avenue, Suite 900, Phoenix, USDA Rural Development State Office, P.O. Federal Building, Room 507, 200 North AZ 85012–2906, (602) 280–8700. Box 405, 967 Illinois Avenue, Suite 4, High Street, Columbus, OH 43215–2418, Bangor, ME 04402–0405, (207) 990–9106. Arkansas (614) 255–2500. USDA Rural Development State Office, 700 Massachusetts/Rhode Island/Connecticut Oklahoma West Capitol Avenue, Room 3416, Little USDA Rural Development State Office, 451 Rock, AR 72201–3225, (501) 301–3200. USDA Rural Development State Office, 100 West Street, Suite 2, Amherst, MA 01002– USDA, Suite 108, Stillwater, OK 74074– California 2999, (413) 253–4300. 2654, (405) 742–1000. USDA Rural Development State Office, 430 G Michigan Oregon Street, Agency 4169, Davis, CA 95616– USDA Rural Development State Office, 3001 4169, (530) 792–5800. USDA Rural Development State Office, 101 Coolidge Road, Suite 200, East Lansing, MI SW Main Street, Suite 1410, Portland, OR Colorado 48823, (517) 324–5100. 97204–3222, (503) 414–3300. USDA Rural Development State Office, 655 Minnesota Pennsylvania Parfet Street, Room E–100, Lakewood, CO 80215, (720) 544–2903. USDA Rural Development State Office, 410 USDA Rural Development State Office, One AgriBank Building, 375 Jackson Street, St. Credit Union Place, Suite 330, Harrisburg, Delaware-Maryland Paul, MN 55101–1853, (651) 602–7800. PA 17110–2996, (717) 237–2299. USDA Rural Development State Office, P.O. Mississippi Puerto Rico Box 400, 4607 South DuPont Highway, Camden, DE 19934–0400, (302) 697–4300. USDA Rural Development State Office, USDA Rural Development State Office, 654 Federal Building, Suite 831, 100 West Munoz Rivera Avenue, IBM Building, Suite Florida/Virgin Islands Capitol Street, Jackson, MS 39269, (601) 601, San Juan, Puerto Rico 00918–6106, USDA Rural Development State Office, P.O. 965–4316. (787) 766–5095. Box 147010, 4440 NW. 25th Place, Missouri South Carolina Gainesville, FL 32606, (352) 338–3482. USDA Rural Development State Office, 601 USDA Rural Development State Office, Strom Georgia Business Loop 70 West, Parkade Center, Thurmond Federal Building, 1835 USDA Rural Development State Office, Suite 235, Columbia, MO 65203, (573) Assembly Street, Room 1007, Columbia, SC Stephens Federal Building, 355 E. Hancock 876–0976. 29201, (803) 765–5163.

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South Dakota specified 3.0 percent to the program (15 CFR part 400). It was formally filed USDA Rural Development State Office, level for grants results in an amount on March 18, 2004. Federal Building, Room 210, 200 4th higher than $200,000. Therefore, the The Sanford facilities are comprised Street, SW., Huron, SD 57350, (605) 352– maximum grant award for FY 2004 will of three sites: Site 1 (3 buildings, 1100. be $300,000. This notice will be 465,000 sq. ft. on 40 acres)—writing Tennessee amended should an appropriation in instrument repackaging and marker USDA Rural Development State Office, 3322 excess of projected levels be received. assembly plant, located at One Pencil Street, Shelbyville (Bedford County); West End Avenue, Suite 300, Nashville, Nondiscrimination Statement TN 37203–1084, (615) 783–1300. Site 2 (1 building, 490,000 sq. ft. on 21 The U.S. Department of Agriculture Texas acres)—pencil manufacturing and art (USDA) (Departmental Regulation 4300– product assembly plant, located at 551 USDA Rural Development State Office, 3), prohibits discrimination in all its Spring Place Road, Lewisburg (Marshall Federal Building, Suite 102, 101 South programs and activities on the basis of Main Street, Temple, TX 76501, (254) 742– County); and, Site 3 (1 building, 574,000 9700. race, color, national origin, sex, religion, sq. ft. on 55 acres)—main distribution age, disability, political beliefs, sexual center, located at 1660 Railroad Avenue, Utah orientation, or marital or family status Shelbyville (Bedford County). The USDA Rural Development State Office, in employment or in any program or facility (800 employees) is used for Wallace F. Bennett Federal Building, 125 activity conducted or funded by the manufacturing of pencils and pencil South State Street, Room 4311, Salt Lake Department. (Not all prohibited bases City, UT 84138, (801) 524–4320. components and for the assembly, apply to all programs.) Persons with warehousing, inspection, packaging and Vermont/New Hampshire disabilities who require alternative distribution of writing and art products. USDA Rural Development State Office, City means for communication of program However, manufacturing authority is Center, 3rd Floor, 89 Main Street, information (Braille, large print, not being requested at this time. About Montpelier, VT 05602, (802) 828–6010. audiotape, etc.) should contact USDA’s 7 percent of production is currently Virginia TARGET Center at (202) 720–2600 exported. Certain pencils (HTSUS USDA Rural Development State Office, (voice and TDD). 9609.10.00) from China are subject to Culpeper Building, Suite 238, 1606 Santa To file a complaint of discrimination, anti-dumping/countervailing (AD/CVD) Rosa Road, Richmond, VA 23229–5014, write USDA, Director, Office of Civil duties. (804) 287–1550. Rights, Room 326–W, Whitten Building, Zone procedures would exempt 1400 Independence Avenue, SW., Washington Sanford from Customs duty payments Washington, DC 20250–9410 or call (including AD/CVD) on foreign products USDA Rural Development State Office, 1835 (202) 720–5964 (voice and TDD). USDA that are re-exported. On domestic sales, Black Lake Boulevard, SW., Suite B, is an equal opportunity provider and Olympia, WA 98512–5715, (360) 704– the company would be able to defer 7740. employer.’’ payments (including AD/CVD) until Dated: March 1, 2004. merchandise is shipped from the plant. West Virginia John Rosso, FTZ designation would further allow USDA Rural Development State Office, Administrator, Rural Business-Cooperative Sanford to utilize certain Customs Federal Building, 75 High Street, Room procedures resulting in increased 320, Morgantown, WV 26505–7500, (304) Service. 284–4860. [FR Doc. 04–7035 Filed 3–29–04; 8:45 am] efficiencies for its logistics and distribution operations. The application BILLING CODE 3410–XY–P Wisconsin indicates that the savings from zone USDA Rural Development State Office, 4949 procedures will help improve the Kirschling Court, Stevens Point, WI 54481, plant’s international competitiveness. (715) 345–7610. DEPARTMENT OF COMMERCE In accordance with the Board’s Wyoming regulations, a member of the FTZ Staff Foreign-Trade Zones Board USDA Rural Development State Office, has been designated examiner to Federal Building, Room 1005, 100 East B investigate the application and report to [Docket 12–2004] Street, P.O. Box 820, Casper, WY 82602, the Board. (307) 261–6300. Foreign-Trade Zone 78—Nashville, Public comment is invited from SUPPLEMENTARY INFORMATION: The Tennessee, Application for Subzone, interested parties. Submissions (original maximum loan and grant awards are Sanford LP (Pencil Manufacturing and and 3 copies) shall be addressed to the determined in accordance with 7 CFR Writing and Art Products Distribution); Board’s Executive Secretary at one of 1703.28. The maximum loan and grant Shelbyville and Lewisburg, TN the following addresses: awards are calculated as 3.0 percent of 1. Submissions Via Express/Package the projected program levels, rounded to An application has been submitted to Delivery Services: Foreign-Trade-Zones the nearest $10,000; however, as the Foreign-Trade Zones Board (the Board, U.S. Department of Commerce, specified in 7 CFR 1703.28(b), Board) by the Metropolitan Government Franklin Court Building—Suite 4100W, regardless of the projected total amount of Nashville & Davidson County, grantee 1099 14th St. NW., Washington, DC that will be available, the maximum size of FTZ 78, requesting special-purpose 20005; or may not be lower than $200,000. The subzone status for the pencil 2. Submissions Via the U.S. Postal projected program level during FY 2004 manufacturing and writing and art Service: Foreign-Trade-Zones Board, for zero-interest loans is $14,914,000, products warehousing/distribution U.S. Department of Commerce, FCB— and the projected program level for facility of Sanford LP (Sanford), in Suite 4100W, 1401 Constitution Ave. grants is $10,000,000. Applying the Shelbyville and Lewisburg, Tennessee. NW., Washington, DC 20230. specified 3.0 percent to the program The application was submitted pursuant The closing period for their receipt is level for loans, rounded to the nearest to the provisions of the Foreign-Trade June 1, 2004. Rebuttal comments in $10,000, results in the maximum loan Zones Act, as amended (19 U.S.C. 81a– response to material submitted during award of $450,000. Applying the 81u), and the regulations of the Board the foregoing period may be submitted

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during the subsequent 15-day period (to Background DEPARTMENT OF COMMERCE June 14, 2004). On September 30, 2003, the A copy of the application and International Trade Administration Department published the initiation of accompanying exhibits will be available [A–201–833, A–580–854, A–570–897] administrative review of CCC, Dofasco, for public inspection at the Office of the Foreign-Trade Zones Board’s Executive Ideal Roofing, Impact Steel, Russel Notice of Initiation of Antidumping Secretary at address Number 1 listed Metals, Sorevco, and Stelco, covering Duty Investigations: Certain Circular above, and at the U.S. Department of the period August 1, 2002, through July Welded Carbon Quality Line Pipe From Commerce Export Assistance Center, 31, 2003. See Initiation. On December Mexico, The Republic of Korea, and the 211 Commerce Street, Suite 100, 19, 2003 we rescinded the review of People’s Republic of China Nashville, TN 37201–1802. CCC, Ideal Roofing and Impact Steel. See 68 FR 70764. On December 24, AGENCY: Import Administration, Dated: March 19, 2004. 2003, Russel Metals timely withdrew its International Trade Administration, Dennis Puccinelli, Department of Commerce. request for an administrative review. Executive Secretary. The request was the only request for an ACTION: Initiation of Antidumping Duty [FR Doc. 04–7095 Filed 3–29–04; 8:45 am] administrative review of Russel Metals. Investigations. BILLING CODE 3510–DS–P See Memorandum For the File from EFFECTIVE DATE: March 30, 2004. Dana S. Mermelstein: Corrosion FOR FURTHER INFORMATION CONTACT: Resistant Carbon Steel Flat Products DEPARTMENT OF COMMERCE Helen Kramer at 202–482–0405 or John from Canada: Russel Metals Withdrawal Drury at 202–482–0195, Import of Request for Review, dated January 12, International Trade Administration Administration, International Trade 2004, and on file in the Central Records Administration, U.S. Department of [A–122–822] Unit (CRU) located in room B–099 of the Commerce, 1401 Constitution Avenue, Main Commerce Building. NW., Washington, DC 20230. Notice of Rescission, in Part, of Rescission, in Part, of the SUPPLEMENTARY INFORMATION: Antidumping Duty Administrative Review: Corrosion-Resistant Carbon Administrative Review Initiation of Investigations Steel Flat Products From Canada Pursuant to the Department’s The Petition regulations, the Department will rescind AGENCY: Import Administration, On March 3, 2004, the Department of an administrative review ‘‘if a party that International Trade Administration, Commerce (‘‘Department’’) received an requested the review withdraws the Department of Commerce. Antidumping Duty Petition filed in request within 90 days of the date of proper form by American Steel Pipe SUMMARY: On September 30, 2003, the publication of notice of initiation of the Division of American Cast Iron Pipe Department published the initiation of requested review.’’ See 19 CFR administrative review of the Company, IPSCO Tubulars Inc., Lone 351.213(d)(1). Since Russel Metals Star Steel Company, Maverick Tube antidumping duty order on corrosion- submitted a timely withdrawal of its resistant carbon steel flat products from Corporation, Northwest Pipe Company, request for review, and since this was Canada, covering the period August 1, and Stupp Corporation (‘‘Petitioners’’). the only request for a review of Russel 2002, through July 31, 2003. See On March 15 and 19, 2004, Petitioners Initiation of Antidumping and Metals, the Department is rescinding its submitted clarifications of the Petition. Countervailing Duty Administrative antidumping administrative review of Petitioners are domestic producers of Reviews, Request for Revocation and Russel Metals in accordance with 19 circular welded carbon quality line pipe Deferral of Administrative Reviews (68 CFR 351.213(d)(1). Based on this (‘‘Line Pipe’’). In accordance with FR 56262) (Initiation). This rescission, the administrative review of section 732(b) of the Tariff Act of 1930, administrative review was initiated on the antidumping duty order on as amended (‘‘the Act’’), Petitioner the following exporters: Continuous corrosion-resistant carbon steel flat alleges imports of Line Pipe from Color Coat, Ltd. (CCC), Dofasco Inc. products from Canada covering the Mexico, the Republic of Korea (‘‘Korea’’) (Dofasco), Ideal Roofing Company, Ltd. period August 1, 2002, through July 31, and the People’s Republic of China (Ideal Roofing), Impact Steel Canada, 2003, now covers the following (‘‘China’’) are being, or are likely to be, Ltd. (Impact Steel), Russel Metals companies: Dofasco, Sorevco, and sold in the United States at less than fair Export (Russel Metals), Sorevco and Stelco. value within the meaning of section 731 Company, Ltd. (Sorevco), and Stelco of the Act, and that such imports are We are issuing and publishing this materially injuring, or threatening Inc. (Stelco). For the reasons discussed determination and notice in accordance below, we are rescinding the material injury to, the U.S. industry. with section 777(i) of the Act and 19 The Department finds that Petitioners administrative review of Russel Metals. CFR 351.213(d)(4). filed their Petition on behalf of the EFFECTIVE DATE: March 30, 2004. Dated: March 23, 2004. domestic industry because they are interested parties as defined in section FOR FURTHER INFORMATION CONTACT: James J. Jochum, 771(9)(C) of the Act, and they have Addilyn Chams-Eddine or Dana Assistant Secretary for Import Mermelstein at (202) 482–0648 and demonstrated sufficient industry Administration. support with respect to the (202) 482–1391, respectively; Office of [FR Doc. 04–7094 Filed 3–29–04; 8:45 am] AD/CVD Enforcement VII, Import investigations they are presently BILLING CODE 3510–DS–P Administration, International Trade seeking. See Determination of Industry Administration, U.S. Department of Support for the Petition section below. Commerce, 14th Street and Constitution Scope of the Investigations Avenue, NW, Washington, DC 20230. These investigations cover circular SUPPLEMENTARY INFORMATION: welded carbon quality steel pipe of a

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kind used for oil and gas pipelines, not more than 50 percent of the total have analyzed industry support in terms more that 406.4 mm (16 inches) in production of the domestic like product, of that domestic like product. outside diameter, regardless of wall the Department shall: (i) poll the In determining whether the domestic thickness, surface finish (black, or industry or rely on other information in petitioner has standing, we considered coated with any coatings compatible order to determine if there is support for the industry support data contained in with line pipe), and regardless of end the petition, as required by the Petition with reference to the finish (plain end, beveled ends for subparagraph (A), or (ii) determine domestic like product as defined above welding, threaded ends or threaded and industry support using a statistically in the ‘‘Scope of the Investigations’’ coupled, as well as any other special valid sampling method. section. To establish standing, end finishes), and regardless of Section 771(4)(A) of the Act defines Petitioners first provided production stenciling. the ‘‘industry’’ as the producers of a data for the industry for the years 2000 The merchandise subject to this domestic like product. Thus, to through 2002, obtained from the ITC. investigation may be classified in the determine whether a petition has the Petitioners also provided their own Harmonized Tariff Schedule of the requisite industry support, the statute production data during the period 2000 United States (‘‘HTSUS’’) at heading directs the Department to look to through 2002. However, while 7306 and subheadings 7306.10.10.10, producers and workers who produce the Petitioners had their own production 730610.10.50, 7306.10.50.10, and domestic like product. The International data for 2003, Petitioners did not have 7306.10.50.50. The tariff classifications Trade Commission (‘‘ITC’’), which is production data for the entire U.S. are provided for convenience and responsible for determining whether industry for the year 2003. Therefore, Customs purposes; however, the written ‘‘the domestic industry’’ has been Petitioners provided their shipments of description of the scope of the injured, must also determine what the domestic like product for the year investigation is dispositive. constitutes a domestic like product in 2003, and compared them to shipments As discussed in the preamble to the order to define the industry. While both of the domestic like product for the Department’s regulations, we are setting the Department and the ITC must apply industry. Petitioners obtained domestic aside a period for parties to raise issues the same statutory definition regarding industry shipments from the American regarding product coverage. See the domestic like product (section Iron and Steel Institute (‘‘AISI’’) for all Antidumping Duties; Countervailing 771(10) of the Act), they do so for line pipe not over 16’’ in diameter and Duties; Final Rule, 62 FR 27296, 27323 different purposes and pursuant to a made adjustments for shipments of (May 19, 1997). The Department separate and distinct authority. In seamless line pipe. See Petition at encourages all interested parties to addition, the Department’s Exhibit I–3 describing how this submit such comments within 20 days determination is subject to limitations of production data was obtained. In their of publication of this notice. Comments March 15, 2004, amended petition, time and information. Although this should be addressed to Import Petitioners demonstrated the correlation may result in different definitions of the Administration’s Central Records Unit, between shipments and production. See like product, such differences do not Room 1870, U.S. Department of Exhibit A–8. Based on the fact that render the decision of either agency Commerce, 1401 Constitution Avenue, complete production data for year 2003 contrary to law. See USEC, Inc. v. NW, Washington, DC 20230. This is unavailable, and that Petitioners have United States, 132 F. Supp. 2d 1, 8 (Ct. period of scope consultations is established a close correlation between Int’l Trade 2001), citing Algoma Steel intended to provide the Department shipment and production data, we have Corp. Ltd. v. United States, 688 F. Supp. with ample opportunity to consider all relied upon shipment data for purposes 639, 642–44 (Ct. Int’l Trade 1988) (‘‘the comments and consult with parties of measuring industry support. prior to the issuance of the preliminary ITC does not look behind ITA’s The Department considered it determinations. determination, but accepts ITA’s unreasonable to exclude all seamless determination as to which merchandise line pipe from the shipments data Determination of Industry Support for is in the class of merchandise sold at because seamless line pipe can exceed the Petition LTFV’’). 16’’ in diameter. Therefore the Section 732(b)(1) of the Act requires Section 771(10) of the Act defines the Department included seamless line pipe that a petition be filed on behalf of the domestic like product as ‘‘a product in the AISI data for line pipe not over domestic industry. Section 732(c)(4)(A) which is like, or in the absence of like, 16’’ in diameter, but determined that the of the Act provides that the most similar in characteristics and uses Petitioners’ share of total estimated U.S. Department’s industry support with, the article subject to an shipments of the subject Line Pipe in determination, which is to be made investigation under this title.’’ Thus, the year 2003 nevertheless represented over before the initiation of the investigation, reference point from which the 50 percent of total domestic shipments. be based on whether a minimum domestic like product analysis begins is Therefore, the Department finds the percentage of the relevant industry ‘‘the article subject to an investigation,’’ domestic producers who support the supports the petition. A petition meets i.e., the class or kind of merchandise to Petition account for at least 25 percent this requirement if the domestic be investigated, which normally will be of the total production of the domestic producers or workers who support the the scope as defined in the petition. like product. In addition, as no domestic petition account for: (i) at least 25 With regard to the domestic like producers have expressed opposition to percent of the total production of the product, Petitioners’ definition of the the Petition, the Department also finds domestic like product; and (ii) more like product is all welded line pipe the domestic producers who support the than 50 percent of the production of the under 16 inches in diameter. See March Petition account for more than 50 domestic like product produced by that 15, 2004, amended petition at 2. Based percent of the production of the portion of the industry expressing on our analysis of the information domestic like product produced by that support for, or opposition to, the submitted in the Petition we have portion of the industry expressing petition. Moreover, section 732(c)(4)(D) determined there is a single domestic support for, or opposition to, the of the Act provides that, if the petition like product, Line Pipe, which is Petition. For more information on our does not establish support of domestic defined further in the ‘‘Scope of the analysis and the data upon which we producers or workers accounting for Investigations’’ section above, and we relied, see Antidumping Duty

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Investigation Initiation Checklist exclusive of VAT, is based on a price Petitioners included COP and CV (‘‘Initiation Checklist’’), dated March 23, quote from the same Mexican producer, calculations in their Petition. However, 2004, Appendix II - Industry Support. dated January 6, 2004. See Petition at Petitioners did not allege that the sales Therefore, we find that Petitioners have Exhibit II–3. Petitioners converted of certain circular welded carbon met the requirements of section Mexican pesos to U.S. dollars using the quality line pipe products in the 732(c)(4)(A) of the Act. average exchange rate for the POI. See Mexican home market were made at Export Price and Normal Value amended petition dated March 15, 2004, prices below the fully absorbed COP at page 1 and Exhibit A–3. The AUVs within the meaning of section 773(b) of The following are descriptions of the were reported in U.S. dollars per short the Act. Therefore, we are not initiating allegations of sales at less than fair value ton ($/ST), and converted to metric tons a cost investigation with respect to upon which the Department based its for purposes of the margin calculation. imports from Mexico at this time. decision to initiate these investigations. To calculate EP using the quoted U.S. Furthermore, section 773(a)(1) of the The source or sources of data for the price, Petitioners obtained a price quote Act lays out a specific hierarchy for deductions and adjustments relating to on subject merchandise sold by a U.S. determining NV. Because petitioners U.S. and foreign market prices and cost distributor of Line Pipe produced in obtained representative home market of production (‘‘COP’’) and constructed Mexico. The price information was for prices, we have not relied on the CV value (‘‘CV’’) have been accorded Line Pipe with a 4 inch nominal (4.5 calculation for purposes of initiation. treatment as business proprietary inch OD) by 0.224 inch wall thickness Accordingly, we are not including in the information. Petitioners’ sources and (‘‘WT’’) (the product for which range of dumping margins any CV methodology are discussed in greater Petitioners obtained a home market comparisons. detail in the business proprietary price quote), among other products. See Korea version of the Petition and in our Petition at Exhibit II–8. The quoted Initiation Checklist. We corrected price includes freight to the United Export Price certain information contained in the States on an FOB basis. The date of the Petition’s margin calculations; these To calculate EP, Petitioners used two price offering is contemporaneous with corrections are set forth in detail in the different prices: AUV of imports of the POI. Initiation Checklist. subject merchandise from Korea, and a Petitioners converted the price to U.S. price offering of Korean imports based Periods of Investigation dollars per metric ton using the average on an affidavit from the Vice President The period of investigation (‘‘POI’’) exchange rate for the POI. Petitioners of Line Pipe Sales at Lone Star Steel for Mexico and Korea will be January 1, then deducted the inland freight and a Company describing a lost sale. 2003, through December 31, 2003, the distributor markup of three percent, For the calculation of EP using AUVs, four most–recently completed fiscal applicable to the seller as a U.S. Petitioners calculated AUVs for two quarters as of the month preceding the distributor of Mexican–produced sizes of subject merchandise, the AUV month in which the Petition was filed. subject merchandise. Petitioners for sizes up to and including 4.5 inches See 19 CFR 351.204(b). The POI for reasonably based the distributor markup OD, and the AUV for sizes above 4.5 China will be July 1, 2003, through on one of the Petitioners’ experience. inches OD but not greater than 16 December 31, 2003, the two most– See Petition at page II–4 and Exhibit A– inches OD. Petitioners calculated net recently completed fiscal quarters as of 6 of the amended petition dated March U.S. price by deducting international the month preceding the month in 15, 2004. No other deductions were freight from the price. See Exhibit II–6 which the Petition was filed. See 19 made from U.S. price. of the petition and Exhibit A–4 of the CFR 351.204(b). Normal Value amended petition dated March 15, 2004. Mexico Petitioners estimated ocean freight by To calculate home market normal subtracting the average unit FAS value Export Price value (‘‘NV’’), Petitioners used price of subject imports imported during the To calculate export price (‘‘EP’’), quotes obtained for two sizes of Line POI from the average unit cost, Petitioners used average unit values Pipe offered for sale in Mexico by a insurance and freight (‘‘CIF’’) value of (‘‘AUVs’’) of U.S. imports for major Mexican producer. See Petition at subject imports imported during the consumption of the subject merchandise Exhibit II–3. Petitioners calculated NV POI, using the Bureau of the Census and a U.S.-based price quote for separately for each size of Line Pipe IM145 import statistics. See page II–4 Mexican imports of subject based on the price offering obtained and Exhibit II–6 of the Petition and page merchandise. from the Mexican producer. The quote 13 and Exhibits A–4 and A–22 of the For the calculation of EP using AUV, did not include delivery charges. See amended petition dated March 15, 2004. Petitioners calculated the AUVs for two Petition at page II–2 and Exhibit II–5. Petitioners converted the price to U.S. sizes of subject merchandise, i.e., the No adjustments were made for packing dollars per metric ton. Petitioners then AUV for sizes up to and including 4.5 costs in the home market. deducted the estimated ocean freight in inches outside diameter (‘‘OD’’), and the Petitioners converted Mexican home the same manner as used in the AUV for sizes above 4.5 inches OD but market prices from pesos per meter to calculation using AUVs. No other not greater than 16 inches OD. See pesos per metric ton and then to U.S. deductions were made from U.S. price. Petition at Volume II, Exhibit II–7. The dollars per metric ton using the average reported AUVs provide a value of exchange rate in effect during the POI. Normal Value subject imports based on free–alongside- See amended petition dated March 15, To calculate home market NV, ship (‘‘FAS’’), packed for delivery. 2004, at Exhibit A–3. Petitioners used price quotes obtained Petitioners calculated net U.S. price by The price–to-price margin calculation by a consultant for two sizes of Line deducting foreign inland freight from a is between 24.16 percent and 31.34. The Pipe from two different Korean Mexican producer’s factory to the price–to-AUV margin calculations range producers. See pages II–1 II–2 and Mexican/U.S. border, thus establishing between 8.47 percent and 22.44 percent. Exhibit II–3 of the Petition. For the first an ex–factory price. See Petition at See amended petition dated March 19, producer, Petitioners calculated NV Exhibit II–5. The per mile freight charge, 2004, at Exhibit A2–2. separately for each size of Line Pipe.

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Petitioners converted the ex–VAT per dated March 19, 2004, at page 4, that Department. The NME status of China unit price to a Korean won price per there are no longer any home market has not been revoked by the Department metric ton, then deducted a distributor prices below COP. Consequently, we are and, therefore, remains in effect for markup of three percent and converted not initiating a cost investigation with purposes of the initiation of this the resulting net price to U.S. dollars respect to imports from Korea at this investigation. Accordingly, the NV of using the average exchange rate for the time. Furthermore, section 773(a)(1) of the product appropriately is based on POI. No adjustment was made for home the Act lays out a specific hierarchy for FOP valued in a surrogate market market inland freight or for packing. determining NV. Because petitioners economy country in accordance with Petitioners reasonably based the obtained representative home market section 773(c) of the Act. In the course distributor markup on an affidavit from prices, we have not relied on the CV of this investigation, all parties will one of the petitioning Line Pipe calculation for purposes of initiation. have the opportunity to provide relevant manufacturers, which states that Accordingly, we are not including in the information related to the issues of distributor markups are commonly at range of dumping margins any CV China’s NME status and the granting of least three to five percent. See page II– comparisons. separate rates to individual exporters. 3 and Exhibit II–2 of the petition and As required by 19 CFR. section Exhibit A–6 of the amended petition China 351.202(b)(7)(i)(C), Petitioners provided dated March 15, 2004. Export Price dumping margin calculations for two For the second Korean producer, types of merchandise within the Petitioners identified the following Petitioners converted the ex–VAT per proposed scope using the Department’s unit price to a U.S. dollar price per four companies as producers and/or NME methodology described in 19 CFR metric ton for each of two sizes of Line exporters of subject line pipe from section 351.408. For the NV calculation, Pipe. To convert to U.S. dollars, China: Baoji OCTG Plant, Fanyu Petitioners based the quantities of FOP, Petitioners used the average exchange Zhujiang Steel Pipe Co., Ltd., Jiling as defined by section 773(c)(3) of the rate for the POI. Petitioners then Jiyuan Steel Pipe Co., Ltd., and Shengli Act (raw materials, labor, energy and deducted credit expenses from the price Petroleum Administrative Bureau Steel packing), for Line Pipe from China on at a rate of 6.2 percent, based on the Pipe Plant. To calculate EP, Petitioners usage rates for an Indian producer of International Monetary Fund’s used AUVs from the Bureau of the subject merchandise, Surya Roshni, Ltd. International Financial Statistics Census IM145 import statistics. (‘‘Surya Roshni’’) and one of the published lending rate during December Petitioners calculated AUVs for two petitioning parties, and used publicly 2003, the month of the price quote. sizes of subject merchandise, up to and available surrogate values from India to Petitioners reasonably based the credit including 4.5 inches OD, and above 4.5 calculate the respective factor costs. expense deduction on the terms listed inches OD but not greater than 16 Petitioners assert that information in the price quote. See page II–3 and inches OD. See Petition at pages II–5 to regarding the Chinese producers’ usage Exhibit II–2 of the Petition and pages 1 II–6 and Exhibits II–2 and II–13. rates is not reasonably available, and and 14 and Exhibits A–1 and A–24 of Petitioners deducted U.S. customs duty have therefore assumed, for purposes of the amended petition dated March 15, to arrive at a price net of customs duty. the Petition, that producers in China use 2004, and Exhibit A2–4 of the amended See amended petition dated March 15, the same inputs in the same quantities petition dated March 19, 2004. No 2004, at A–6 to A–7 and Exhibits A–12 as Surya Roshni and the petitioning adjustment was made for home market and A–13. Petitioners claim the reported Line Pipe manufacturer. However, inland freight or for packing. AUVs provide an FAS value of subject because Surya Roshni’s financial The price–to-price margin imports, already packed and ready for statements did not contain sufficient calculations range between 24.55 delivery at the foreign port. See Petition information on the consumption of steel percent and 28.69 percent. at pages II–5 to II–6 and Exhibits II–2 inputs and labor, Petitioners used the The price–to-AUV margin and II–13, and amended petition dated steel input data from one of the calculations range between 36.60 March 15, 2004, at pages A–8 to A–9 petitioning Line Pipe manufacturers in percent and 42.26 percent. and Exhibit A–18. Petitioners made no the United States. Likewise, Petitioners Petitioners stated that they had reason other adjustments or deductions to EP. used the same U.S. manufacturer’s labor to believe that Line Pipe was sold in Normal Value data for the quantity of labor used in Korea at prices less than the COP. See producing a ton of finished Line Pipe. Petition at page II–1. To value hot rolled Petitioners assert that the Department See amended petition dated March 15, steel purchases in their calculation of considers China to be a non–market 2004, at pages A–9 to A–10. Based on COP, Petitioners used a price of 405,000 economy (‘‘NME’’) country , and the information provided by Petitioners, won per metric ton, the price listed by therefore constructed NV based on the we believe that Petitioners’ FOP POSCO, a major Korean supplier of hot– factors of production (‘‘FOP’’) methodology represents information rolled steel, in Metal Bulletin. See methodology pursuant to section 773(c) reasonably available to Petitioners and petition at Exhibit II–9. The Department of the Act. In previous cases, the is appropriate for purposes of initiating determined that the price of 405,000 Department has determined that China this investigation. won per metric ton was not is an NME country. See, e.g., Notice of Pursuant to section 773(c) of the Tariff contemporaneous to the POI, and Final Determination Sales at Less Than Act, the Petitioners assert that India is therefore requested that Petitioners Fair Value: Certain Folding Gift Boxes the most appropriate surrogate country recalculate COP based on the price of from the People’s Republic of China, 66 for China, claiming India is: (1) a market hot rolled steel in effect during the POI FR 58115 (November 20, 2001), and economy; (2) a significant producer of of 355,000 won per metric ton, a price Notice of Final Determination of Sales comparable merchandise; and (3) at a also listed by POSCO in Metal Bulletin. at Less Than Fair Value: Folding Metal level of economic development See Second Supplemental Tables and Chairs from the People’s comparable to China in terms of per Questionnaire to the Petition, dated Republic of China, 67 FR 20090 (April capita gross national income (GNI). The March 18, 2004, at page 2. Petitioners 29, 2002). In accordance with section Department’s regulation states it will recalculated COP based on this revised 771(18)(c)(i) of the Act, the NME status place primary emphasis on per capita price and noted in the amended petition remains in effect until revoked by the GNI in determining whether a given

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market economy is at a level of threatened with material injury, by investigations will proceed according to economic development comparable to reason of the individual and cumulated statutory and regulatory time limits. the NME country (see 19 CFR imports of the subject merchandise sold This notice is issued and published 351.408(b)). In recent antidumping cases at less than NV.The Petition contains pursuant to section 777(i) of the Act. involving China, the Department information on the evolution of the identified a group of countries at a level volume and prices of the allegedly Dated: March 23, 2004. of economic development comparable to dumped imports over the period James J. Jochum, China based primarily on per capita beginning with 2001 and ending in Assistant Secretary for Import GNI. This group includes India, 2003. See Petition at page I–16 and Administration. Indonesia, Sri Lanka, the Philippines, Exhibits I–12 and I–13. The Petition also [FR Doc. 04–7093 Filed 3–29–04; 8:45 am] and Pakistan. Petitioners assert that contains evidence showing the effect of BILLING CODE 3510–DS–S India is the most appropriate surrogate. these import volumes and prices on the Based on the information provided by shipments and production of the the Petitioners, we believe that the domestic like product and of the DEPARTMENT OF COMMERCE Petitioners’ use of India as a surrogate consequent impact on the domestic country is appropriate for purposes of industry. See Petition at pages I–15 to I– International Trade Administration initiating this investigation. 19 and Exhibits I–9, I–10, I–11, I–17, I– In accordance with section 773(c)(4) 18, I–19, I–20, I–21, and I–23. This The New York Structural Biology of the Tariff Act, Petitioners valued evidence shows lower AUVs of subject Center, Inc., et al.; Notice of FOP, where possible, on reasonably Line Pipe and price suppression of the Consolidated Decision on Applications available, public surrogate data from domestic like product, resulting in for Duty-Free Entry of Electron India. Materials were valued based on declining value of sales, declining Microscopes the financial statements of Surya market share and lost sales. For a full Roshni. See pages II–4 to II–5 and discussion of the allegations and This is a decision consolidated Exhibits II–7 and II–12 at page 33, and evidence of material injury, see pursuant to section 6(c) of the the amended petition dated March 15, Initiation Checklist at Attachment IV. Educational, Scientific, and Cultural 2004, at Exhibits A–13 and A–19. With Materials Importation Act of 1966 (Pub. regard to steel inputs, Petitioners used Initiation of Antidumping the per–metric ton price paid by Surya Investigations L. 89–651, 80 Stat. 897; 15 CFR part 301). Related records can be viewed Roshni for the coil and strip used to Based on our examination of the produce subject merchandise. See between 8:30 a.m. and 5 p.m. in Suite Petition covering Line Pipe, we find it 4100W, Franklin Court Building, U.S. amended petition dated March 15, 2004, meets the requirements of section 732 of at pages A–9 to A–10. Surya Roshni’s Department of Commerce, 1099 14th the Act. Therefore, we are initiating Street, NW, Washington, DC. financial statements identified the antidumping duty investigations to quantities and prices of electricity, determine whether imports of Line Pipe Docket Number: 04–001. Applicant: furnace oil, and natural gas used in from Mexico, Korea and China are The New York Structural Biology producing the subject merchandise. The being, or are likely to be, sold in the Center, Inc., New York, NY 10027. updated labor rate was taken from the United States at less than fair value. Instrument: Electron Microscope, Model Department’s web site. Surrogate values Unless this deadline is extended Tecnai G2 F20 Twin Cryo. were not adjusted for inflation. pursuant to section 733(b)(1)(A) of the Manufacturer: FEI Company, The Depreciation, overhead, SG&A, interest Act, we will make our preliminary Netherlands. Intended Use: See notice at expense, packing, and profit ratios all determinations no later than 140 days 69 FR 9301, February 27, 2004. Order came from Surya Roshni’s financial after the date of this initiation. Date: October 7, 2003. statement. See Petition at pages II–4 to II–5 and Exhibits II–2, II–9, II–10, and Distribution of Copies of the Petition Docket Number: 04–004. Applicant: II–12, and amended petition dated University of California, Santa Barbara In accordance with section March 15, 2004, at pages A–9 to A–10 93106–5050 . Instrument: Electron 732(b)(3)(A) of the Act, a copy of the and Exhibit A–2. Microscope, Model Tecnai G2 F30 U– public version of the Petition has been The Department accepts Petitioners’ TWIN. Manufacturer: FEI Company, provided to representatives of the calculation of NV based on the above The Netherlands. Intended Use: See governments of Mexico, Korea and arguments, which resulted in an notice at 69 FR 9301, February 27, 2004. China. We will attempt to provide a estimated dumping margin of 67.24 copy of the public version of the Order Date: December 3, 2002. percent for API 5LB, 12’’ OD, 0.280 Wall Petition to each exporter named in the Comments: None received. Decision: line pipe, and 43.53 percent for API Petition, as provided in section 19 CFR Approved. No instrument of equivalent 5LB, 4’’ OD, 0.280 Wall line pipe. 351.203(c)(2). scientific value to the foreign Fair Value Comparisons instrument, for such purposes as these International Trade Commission Based on the data provided by Notification instruments are intended to be used, Petitioners, there is reason to believe was being manufactured in the United imports of Line Pipe from Mexico, The ITC will preliminarily determine States at the time the instruments were Korea and China are being, or are likely no later than April 19, 2004, whether ordered. Reasons: Each foreign to be, sold at less than fair value. there is reasonable indication that instrument is a conventional imports of Line Pipe from Mexico, transmission electron microscope Allegations and Evidence of Material Korea and China are causing, or Injury and Causation (CTEM) and is intended for research or threatening, material injury to a U.S. scientific educational uses requiring a With respect to Mexico, Korea and industry. A negative ITC determination CTEM. We know of no CTEM, or any China, Petitioners allege that the U.S. for any country will result in the other instrument suited to these industry producing the domestic like investigation being terminated with purposes, which was being product is being materially injured, or respect to that country; otherwise, these

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manufactured in the United States at the fisheries and of those concerned with DATES: The Office of the Secretary must time of order of each instrument. the fisheries. receive written comments not later than June 1, 2004. Gerald A. Zerdy, Membership ADDRESSES: Written comments should Program Manager, Statutory Import Programs MAFAC will consist of at least 15, but Staff. be captioned ‘‘Multi-Purpose Lighters’’ not more that 21 members to be and mailed to the Office of the [FR Doc. 04–7092 Filed 3–29–04; 8:45 am] appointed by the Secretary to assure a Secretary, Consumer Product Safety BILLING CODE 3510–DS–P balanced representation among Commission, Washington, DC 20207, or commercial and recreational fishermen delivered to that office, room 502, 4330 and environmental, state, consumer, DEPARTMENT OF COMMERCE East-West Highway, Bethesda, Maryland academic, and other national interests. 20814. Written comments may also be National Oceanic and Atmospheric Function sent to the Office of the Secretary by Administration facsimile at (301) 504–0127 or by e-mail MAFAC will function solely as an to [email protected]. advisory body and in compliance with [I.D. 032204G] FOR FURTHER INFORMATION CONTACT: For provisions of the Federal Advisory information about this proposed Committee Act. Copies of MAFAC’s Marine Fisheries Advisory Committee; extension of approval of the collection revised charter have been filed with the Charter Renewal of information, or to obtain a copy of 16 appropriate committees of the Congress CFR part 1212, call or write Linda L. AGENCY: National Marine Fisheries and with the Library of Congress. Service (NMFS), National Oceanic and Glatz, Office of Planning and Atmospheric Administration (NOAA), Dated: March 23, 2004. Evaluation, Consumer Product Safety Commerce. Rebecca Lent, Commission, Washington, DC 20207; Deputy Assistant Administrator for telephone (301) 504–7671. ACTION: Notice of renewal. Regulatory Programs, National Marine SUPPLEMENTARY INFORMATION: In 1999, Fisheries Service. SUMMARY: Notice is hereby given of the the Commission issued the Safety renewal of the charter of the Marine [FR Doc. 04–7085 Filed 3–29–04; 8:45 am] Standard for Multi-Purpose Lighters (16 Fisheries Advisory Committee (MAFAC) BILLING CODE 3510–22–S CFR part 1212) under provisions of the for 2 years. Consumer Product Safety Act (CPSA) DATES: The term of the existing Charter (15 U.S.C. 2051–2084) to eliminate or is from March 8, 2004 to March 8, 2006. CONSUMER PRODUCT SAFETY reduce risks of death and burn injury from fires accidentally started by ADDRESSES: A copy of the Charter is COMMISSION children playing with these lighters. available from the Office of Constituent The standard contains performance Services, National Marine Fisheries Proposed Collection of Information; requirements for multi-purpose lighters Service, 1315 East West Highway, Silver Comment Request—Safety Standard that are intended to make lighters Spring, MD 20910, or online at for Multi-Purpose Lighters subject to the standard resist operation www.nmfs.noaa.gov/mafac/htm. AGENCY: Consumer Product Safety by children younger than five years of FOR FURTHER INFORMATION CONTACT: Commission. age. Laurel Bryant, Outreach and Education ACTION: Notice. Coordinator; telephone: (301) 713–2379. A. Certification Requirements SUPPLEMENTARY INFORMATION: In SUMMARY: As required by the Paperwork Section 14(a) of the CPSA (15 U.S.C. accordance with the provisions of the Reduction Act of 1995 (44 U.S.C. 2063(a)) requires manufacturers, Federal Advisory Committee Act, 5 chapter 35), the Consumer Product importers, and private labelers of a U.S.C. App.2, and the General Services Safety Commission requests comments consumer product subject to a consumer Administration (GSA) rule on Federal on a proposed request for an extension product safety standard to issue a Advisory Committee Management, 41 of approval of a collection of certificate stating that the product CFR part 101–6, and after consultation information from manufacturers and complies with all applicable consumer with GSA, the Secretary of Commerce importers of multi-purpose lighters. product safety standards. Section 14(a) (Secretary) has determined that the Multi-purpose lighters are hand-held of the CPSA also requires that the renewal of the MAFAC Charter is in the flame-producing products that operate certificate of compliance must be based public interest in connection with the on fuel and have an ignition on a test of each product or upon a performance of duties imposed on the mechanism. They typically are used to reasonable testing program. Department by law. light devices such as charcoal and gas Section 14(b) of the CPSA authorizes grills and fireplaces. Devices intended the Commission to issue regulations to History primarily for igniting smoking materials prescribe a reasonable testing program MAFAC was first established in are excluded from the multi-purpose to support certificates of compliance February 1971 to advise the Secretary lighter category. with a consumer product safety on all living marine resource matters to This collection of information standard. Section 16(b) of the CPSA (15 ensure that the Nation’s living marine consists of testing and recordkeeping U.S.C. 2065(b)) authorizes the resource policies and programs meet the requirements in certification regulations Commission to issue rules to require needs of commercial and recreational implementing the Safety Standard for that firms ‘‘establish and maintain’’ fishermen and environmental, state, Multi-Purpose Lighters. 16 CFR part records to permit the Commission to consumer, academic, and other national 1212. The Commission will consider all determine compliance with rules issued interests. The Secretary continues to comments received in response to this under the authority of the CPSA. rely on the expertise of MAFAC for the notice before requesting an extension of The Commission has issued development of national fisheries policy approval of this collection of regulations prescribing requirements for and program initiatives. This advice is information from the Office of a reasonable testing program to support essential to meet the needs of the Management and Budget. certificates of compliance with the

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standard for multi-purpose lighters. recordkeeping, and reporting FOR FURTHER INFORMATION CONTACT: These regulations require manufacturers requirements of the rule is Corporation for National and and importers to submit a description of approximately 10,000 hours. (100 firms Community Service, Peter L. Boynton, each model of lighter, results of × two models × 50 hours = 10,000 Senior Program Officer, National Senior prototype qualification tests for hours.) The annualized cost to industry Service Corps, 1201 New York Avenue, compliance with the standard, and other for the 10,000 hour burden for NW., Washington, DC 20525, by information before the introduction of collection of information is $244,800 telephone at (202) 606–5000, ext. 554, or each model of lighter into commerce. based on an estimated hourly wage of e-mail: [email protected]. These regulations also require $24.48/hr for the testing and SUPPLEMENTARY INFORMATION: manufacturers, importers, and private recordkeeping required by the The labelers of multi-purpose lighters to regulation. revised schedules are based on changes in the Poverty Guidelines issued by the establish and maintain records to C. Request for Comments demonstrate successful completion of Department of Health and Human all required tests to support the The Commission solicits written Services (DHHS), published in 69 FR certificates of compliance that they comments from all interested persons 7336–7338, February 13, 2004. In issue. 16 CFR part 1212, subpart B. about the proposed collection of accordance with program regulations, The Commission uses the information information. The Commission the income eligibility level for each compiled and maintained by specifically solicits information relevant State, Puerto Rico, the Virgin Islands to the following topics: and the District of Columbia is 125 manufacturers, importers, and private • labelers of multi-purpose lighters to Whether the collection of percent of the DHHS Poverty protect consumers from risks of information described above is Guidelines, except in those areas accidental deaths and burn injuries necessary for the proper performance of determined by the Corporation to be of the Commission’s functions, including associated with those lighters. More higher cost of living. In such instances, whether the information would have specifically, the Commission uses this the guidelines shall be 135 percent of practical utility; the DHHS Poverty levels (See attached information to determine whether • Whether the estimated burden of list of High Cost Areas). The level of lighters comply with the standard by the proposed collection of information resisting operation by young children. eligibility is rounded to the next higher is accurate; multiple of $5.00. The Commission also uses this • Whether the quality, utility, and information to obtain corrective actions clarity of the information to be collected In determining income eligibility, if multipurpose lighters fail to comply could be enhanced; and consideration should be given to the with the standard in a manner that • Whether the burden imposed by the following, as set forth in 45 CFR 2551– creates a substantial risk of injury to the collection of information could be 2553 dated October 1, 1999, as amended public. minimized by use of automated, per the Federal Register, Vol. 67, No. The Office of Management and Budget electronic or other technological 188, Friday, September 27, 2002. (OMB) approved the collection of collection techniques, or other forms of Allowable medical expenses are information in the certification information technology. annual out-of-pocket expenses for regulations for multi-purpose lighters Dated: March 25, 2004. health insurance premiums, health care under control number 3041–0130. services, and medications provided to OMB’s approval will expire on July 31, Todd A. Stevenson, the applicant, enrollee, or spouse and 2004. The Commission proposes to Secretary, Consumer Product Safety Commission. were not and will not be paid for by request an extension of approval Medicare, Medicaid, other insurance, or without change for these collection of [FR Doc. 04–7086 Filed 3–29–04; 8:45 am] by any other third party, and must not information requirements. BILLING CODE 6355–01–P exceed 15 percent of the applicable B. Estimated Burden Corporation income guideline. The cost of the rule’s testing, CORPORATION FOR NATIONAL AND Annual income is counted for the past reporting, recordkeeping, and other COMMUNITY SERVICE 12 months, for serving SCP and FGP certification-related provisions is volunteers, and is projected for the comprised of time spent by testing National Senior Service Corps; subsequent 12 months, for applicants to organizations on behalf of Schedule of Income Eligibility Levels become SCP and FGP volunteers, and manufacturers and importers, and time AGENCY: Corporation for National and includes: The applicant or enrollee’s spent by firms to prepare, maintain and Community Service. income and the applicant or enrollee’s submit records to CPSC. There are an ACTION: Notice. spouse’s income, if the spouse lives in estimated 100 firms involved. Currently the same residence. Sponsors must the Commission believes that there may SUMMARY: This Notice revises the count the value of shelter, food, and be as many as 200 different models of schedules of income eligibility levels for clothing, if provided at no cost the multi-purpose lighters on the market. participation in the Foster Grandparent applicant, enrollee or spouse. Any With a few exceptions, most Program (FGP) and the Senior person whose income is not more than manufacturers and importers have more Companion Program (SCP) of the 100 percent of the DHHS Poverty than one model. Each manufacturer Corporation for National and Guideline for her/his specific family would spend approximately 50 hours Community Service, published in 68 FR unit shall be given special consideration per model. Therefore, the total annual 8491, February 21, 2003. for participation in the Foster amount of time that will be required for DATES: These guidelines are effective as Grandparent and Senior Companion complying with the testing, of March 1, 2004. Programs:

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2004 FGP/SCP INCOME ELIGIBILITY LEVELS [Based on 125 Percent of DHHS Poverty Guidelines]

Family units of States One Two Three Four

All, except High Cost Areas, Alaska & Hawaii...... $11,640 $15,615 $19,590 $23,565

For family units with more than four designated High Cost Areas, Alaska and members, add $3,975 for each Hawaii. additional member in all States except

2004 FGP/SCP INCOME ELIGIBILITY LEVELS FOR HIGH COST AREAS [Based on 135 Percent of DHHS Poverty Guidelines]

Family units of States One Two Three Four

All, except Alaska & Hawaii ...... $12,570 $16,865 $21,155 $25,450 Alaska ...... 15,705 21,075 26,450 31,820 Hawaii ...... 14,445 19,390 24,330 29,270

For family units with more than four Oakland/Martinez (Contra Costa Bergen/Passaic/Patterson (Bergen and members, add: $4,295 for all areas, County) Passaic Counties) $5,375 for Alaska, and $4,945 for Anaheim/Santa Ana (Orange County) Jersey City (Hudson) Hawaii, for each additional member. Oxnard/Ventura (Ventura County) Middlesex/Somerset/Hunterdon The income eligibility levels specified Connecticut: (Hunterdon, Middlesex and Somerset above are based on 135 percent of the Stamford (Fairfield) Counties) DHHS poverty guidelines and are District of Columbia/Maryland/ Monmouth/Ocean/Spring Lake applicable to the following high cost Virginia: (Monmouth and Ocean Counties) metropolitan statistical areas and District of Columbia and surrounding Newark/East Orange (Essex, Morris, primary metropolitan statistical areas: Counties in Maryland and Virginia. Sussex and Union Counties) High Cost Areas: MD Counties: Anne Arundel, Calvert, Trenton (Mercer County) (Including all Counties/Locations Charles, Cecil, Frederick, Howard, New York: Included in that Area as Defined by the Montgomery, Prince George’s, and Nassau/Suffolk/Long Beach/ Office of Management and Budget) Queen Anne’s Counties. Huntington (Suffolk and Nassau Alaska: VA Counties: Arlington, Fairfax, Counties) (All Locations) Loudoun, Prince William, Stafford, New York/Bronx/Brooklyn (Bronx, California: Alexandria City, Fairfax City, Falls King, New York, Putnam, Queens, Los Angeles/Compton/San Gabriel/ Church City, Manassas City, and Richmond and Rockland Counties) Long Beach/Hawthorne (Los Angeles Manassas Park City. Westchester/White Plains/Yonkers/ Hawaii: County) Valhalla (Westchester County) (All Locations) Santa Barbara/Santa Maria/Lompoc Ohio: Illinois: (Santa Barbara County) Chicago/Des Plaines/Oak Park/ Medina/Lorain/Elyria (Medina/Lorain Santa Cruz/Watsonville (Santa Cruz Wheaton/Woodstock (Cook, DuPage and County) County) McHenry Counties) Pennsylvania: Santa Rosa/Petaluma (Sonoma Massachusetts: Philadelphia/Doylestown/West County) Barnstable (Barnstable) Chester/Media/Norristown (Bucks, San Diego/El Cajon (San Diego Edgartown (Dukes) Chester, Delaware, Montgomery and County) Boston/Malden (Essex, Norfolk, Philadelphia Counties) San Jose/Los Gatos (Santa Clara Plymouth, Middlesex and Suffolk Washington: County) Counties) Seattle (King County) San Francisco/San Rafael (Marin Worcester (Worcester City) Wyoming: County) Brockton/Wellesley/Braintree/Boston (All Locations) San Francisco/Redwood City (San (Norfolk County) The revised income eligibility levels Mateo County) Dorchester/Boston (Suffolk County) presented here are calculated from the San Francisco (San Francisco County) Worcester (City) (Worcester County) base DHHS Poverty Guidelines now in Oakland/Berkeley (Alameda County) New Jersey: effect as follows:

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2004 DHHS POVERTY GUIDELINES FOR ALL STATES

Family Units of States One Two Three Four

All, except Alaska & Hawaii ...... $9,310 $12,490 $15,670 $18,850 Alaska ...... 11,630 15,610 19,590 23,570 Hawaii ...... 10,700 14,360 18,020 21,680

For family units with more than four associated with this information Title, Form, and OMB Number: members, add: $3,180 for all areas, collection, as well as the following two Defense Federal Acquisition Regulation $3,980 for Alaska, and $3,660 for forms: DD Form 2581, Operation Supplement Part 225, Foreign Hawaii, for each additional member. Transition Employer Registration; DD Acquisition, and Related Clauses at Authority: These programs are authorized Form 2581–1, Public and Community 252.225; DD Form 2139; OMB Number pursuant to 42 U.S.C. 5011 and 5013 of the Service Organization Validation; are 0704–0229. Domestic Volunteer Service Act of 1973, as used in support of the Department of Type of Request: Extension. amended. The income eligibility levels are Defense Programs for public service Number of Respondents: 22,415. determined by the current guidelines employment assistance. Responses Per Respondent: 7 published by DHHS pursuant to Sections 652 Affected Public: Individuals or (approximate). and 673(2) of the Omnibus Budget households; Business or other for-profit; Annual Responses: 165,134. Reconciliation Act of 1981 which requires Not-for-profit institutions; Federal poverty guidelines to be adjusted for government; State, local or tribal Average Burden Per Response: 0.32 Consumer Price Index changes. government. hours. Dated: March 24, 2004. Frequency: On occasion. Annual Burden Hours: 352,380. Angela Roberts, Respondent’s Obligation: Required to Needs and Uses: DoD needs this Senior Program Officer, National Senior obtain or retain benefits. information to ensure compliance with Service Corps. OMB Desk Officer: Ms. Jacqueline restrictions on the acquisition of foreign [FR Doc. 04–7081 Filed 3–29–04; 8:45 am] Zeiher. products imposed by statute or policy to Written comments and BILLING CODE 6050–$$–P protect the industrial base; to ensure recommendations on the proposed compliance with U.S. trade agreements information collection should be sent to and memoranda of understanding that Ms. Zeiher at the Office of Management DEPARTMENT OF DEFENSE promote reciprocal trade with U.S. and Budget, Desk Officer for DoD, Room allies; and to prepare reports for Office of the Secretary 10236, New Executive Office Building, submission to the Department of Washington, DC 20503. Commerce on the Balance of Payments. Submission for OMB Review; DoD Clearance Officer: Mr. Robert Summaries of the related clauses were Comment Request Cushing. published on November 26, 2003, at 68 Written requests for copies of the FR 66403. information collection proposal should ACTION: Notice. Affected Public: Business or Other For be sent to Mr. Cushing, WHS/ESCD/ Profit. The Department of Defense has Information Management Division, 1225 submitted to OMB for clearance, the Jefferson Davis Highway, Suite 504, Frequency: On Occasion. following proposal for collection of Arlington, VA 22202–4326. Respondent’s Obligation: Required to Obtain or Retain Benefits. information under the provisions of the Dated: March 23, 2004. Paperwork Reduction Act (44 U.S.C. OMB Desk Officer: Ms. Jacqueline L.M. Bynum, chapter 35). Zeiher. Alternate OSD Federal Register Liaison DATES: Consideration will be given to all Written comments and Officer, Department of Defense. recommendations on the proposed comments received by April 29, 2004. [FR Doc. 04–6979 Filed 3–29–04; 8:45 am] Title, Form, and OMB Number: information collection should be sent to Department of Defense Public and BILLING CODE 5001–06–M Ms. Zeiher at the Office of Management Community Service Registry (PACS) and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Programs; DD Forms 2581 and 2581–1; DEPARTMENT OF DEFENSE OMB Number 0704–0324. Washington, DC 20503. Type of Request: Revision. Office of the Secretary DoD Clearance Officer: Mr. Robert Number of Respondents: 350. Cushing. Responses per Respondent: 1. Submission for OMB Review; Written requests for copies of the Annual Responses: 350. Comment Request information collection proposal should Average Burden per Response: 14 be sent to Mr. Cushing, WHS/ESCD/ minutes. ACTION: Notice. Information Management Division, 1225 Annual Burden Hours: 82. The Department of Defense has Jefferson Davis Highway, Suite 504, Needs and Uses: In accordance with Arlington, VA 22202–4326. 10 U.S.C. 1143(c), the Public and submitted to OMB for clearance, the Community Service (PACS) Registry following proposal for collection of Dated: March 24, 2004. provides registered PACS organizations information under the provisions of the L.M. Bynum, with information regarding the Paperwork Reduction Act (44 U.S.C. Alternate OSD Federal Register Liaison availability of individuals with interest chapter). Officer, Department of Defense. in working in a PACS organization. The DATES: Consideration will be given to all [FR Doc. 04–7045 Filed 3–29–04; 8:45 am] 800 phone resume request line comments received by April 29, 2004. BILLING CODE 5001–06–M

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DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE Office of the Secretary Office of the Secretary Office of the Secretary Submission for OMB Review; Submission for OMB Review; Submission for OMB Review; Comment Request Comment Request Comment Request

ACTION: Notice. ACTION: Notice. ACTION: Notice.

The Department of Defense has The Department of Defense has The Department of Defense has submitted to OMB for clearance, the submitted to OMB for clearance, the submitted to OMB for clearance, the following proposal for collection of following proposal for collection of following proposal for collection of information under the provisions of the information under the provisions of the information under the provisions of the Paperwork Reduction Act (44 U.S.C. Paperwork Reduction Act (44 U.S.C. Paperwork Reduction Act (44 U.S.C. Chapter 35). Chapter 35). Chapter 35) DATES: Consideration will be given to all DATES: Consideration will be given to all DATES: Consideration will be given to all comments received by April 29, 2004. comments received by April 29, 2004. comments received by April 29, 2004. Title, Form, and OMB Number: Title, Form, and OMB Number: Title, Form, and OMB Number: Facilities Available for the Construction Statement of Personal Injury—Possible Professional Qualifications, Medical and or Repair of Ships; SF Form 17; OMB Third Party Liability CHAMPUS; DD Peer Reviews; CHAMPUS Form 780; Number 0703–0006. Form 2527; OMB Number 0720–0003. OMB Number 0720–0005. Type of Request: Reinstatement. Type of Request: Reinstatement. Type of Request: Reinstatement. Number of Respondents: 130. Number of Respondents: 133,000. Number of Respondents: 60. Responses per Respondent: 1. Responses Per Respondent: 1. Responses Per Respondents: 60. Annual Responses: 130. Annual Responses: 133,000. Responses Per Respondent: 1. Average Burden per Response: 4 Average Burden Per Response: 15 Annual Responses: 60. hours. minutes. Average Burden Per Response: 15 Annual Burden Hours: 33,250. Annual Burden Hours: 520. minutes. Needs and Uses: This information Needs and Uses: This collection of Annual Burden Hours: 15. collection is completed by CHAMPUS information provides NAVSEASYSCOM Needs and Uses: The information beneficiaries suffering from personal and the Maritime Administration with a collection requirement is necessary to injuries and receiving medical care at list of facilities available for the obtain and record the professional Government expense. The information construction or repair of ships. qualifications of medical and peer is necessary in the assertion of the The information is utilized in a reviewers utilized within CHAMPUS. Government’s right to recovery under The form is included as an exhibit in an database for assessing the production the Federal Medical Care Recovery Act. capacity of the individual shipyards. appeal or hearing case file as evidence The data is used in the evaluation and of the reviewer’s professional Respondents are businesses involved in processing of these claims. shipbuilding and/or repair. qualifications to review the medical Affected Public: Individuals or documentation contained in the case Affected Public: Business or Other For Households. file. Respondents are medical Profit. Frequency: On Occasion. professionals who provide medical and Frequency: Annually. Respondent’s Obligation: Required to peer review of cases appealed to the Respondent’s Obligation: Voluntary. Obtain or Retain Benefits. Office of Appeals, Hearings and Claims OMB Desk Officer: Ms. Jacqueline OMB Desk Officer: Mr. John Kraemer. Collection Division, TRICARE Zeiher. Written comments and Management Activity. Written comments and recommendations on the proposed Affected Public: Individuals or recommendations on the proposed information collection should be sent to households; business or other for-profit. information collection should be sent to Mr. Kraemer at the Office of Frequency: On occasion. Ms. Zeiher at the Office of Management Management and Budget, Desk Officer Respondent’s Obligation: Voluntary. and Budget, Desk Officer for DoD, Room for DoD Health Affairs, Room 10236, OMB Desk Officer: Mr. John Kraemer. 10236, New Executive Office Building, New Executive Office Building, Washington, DC 20503. Washington, DC 20503. Written comments and recommendations on the proposed DoD Clearance Officer: Mr. Robert DoD Clearance Officer: Mr. Robert information collection should be sent to Cushing. Cushing. Mr. Kraemer at the Office of Written requests for copies of the Written requests for copies of the Management and Budget, Desk Officer information collection proposal should information collection proposal should for DoD Health Affairs, Room 10236, be sent to Mr. Cushing, WHS/ESCD/ be sent to Mr. Cushing, WHS/ESCD/ New Executive Office Building, Information Management Division, 1225 Information Management Division, 1225 Washington, DC 20503. Jefferson Davis Highway, Suite 504, Jefferson Davis Highway, Suite 504, DoD Clearance Officer: Mr. Robert Arlington, VA 22202–4326. Arlington, VA 22202–4326. Cushing. Dated: March 24, 2004. Dated: March 24, 2004. Written requests for copies of the L.M. Bynum, L.M. Bynum, information collection proposal should Alternate OSD Federal Register Liaison Alternate OSD Federal Register, Liaison be sent to Mr. Cushing, WHS/ESCD/ Officer, Department of Defense. Officer, Department of Defense. Information Management Division, 1225 [FR Doc. 04–7046 Filed 3–29–04; 8:45 am] [FR Doc. 04–7047 Filed 3–29–04; 8:45 am] Jefferson Davis Highway, Suite 504, BILLING CODE 5001–06–M BILLING CODE 5001–06–M Arlington, VA 22202–4326.

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Dated: March 24, 2004. ACTION: Notice of implementation of The HHA PPS will be implemented L.M. Bynum, Home Health Agency Prospective with the start health care delivery date Alternate OSD Federal Register Liaison Payment System. of the following regional groupings of Officer, Department of Defense. states under each of the TRICARE Next [FR Doc. 04–7048 Filed 3–29–04; 8:45 am] SUMMARY: This notice is to advise Generation of Contracts (T-Nex); e.g., as BILLING CODE 5001–06–M interested parties of the phased-in of June 1, 2004, home health agency implementation of the Home Health services in the state of Washington will Agency Prospective Payment System be processed and paid under the HHA DEPARTMENT OF DEFENSE (HHA PPS). Public notification of HHA PPS as part of the West T-Nex regional PPS implementation was required under contract. Office of the Secretary a previous interim final rule (67 FR TRICARE; Implementation of the 40597) published in the Federal TRICARE Home Health Agency Register on June 13, 2002, if TRICARE Prospective Payment System was unable to effectively and efficiently implement the HHA PPS within the AGENCY: Office of the Secretary, specified statutory effective date of Department of Defense. August 12, 2002.

Start healthcare de- T-Nex region/contractor States livery

North (Health Net Federal Services, Illinois, Indiana, Kentucky, Michigan, Ohio, Wisconsin, West Virginia, Virginia July 1, 2004. Inc.). (except the Northern Virginia/National Capital Area), North Carolina, Eastern Iowa, Rock Island, IL, Fort Campbell catchment area of Tennessee. Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, September 1, 2004. New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Northern Virginia, West Virginia (portion). South (Humana Military Healthcare Oklahoma, Arkansas and major portions of Texas and Louisiana ...... November 1, 2004. Services). Alabama, Florida, Georgia, Mississippi, Eastern Louisiana, South Carolina, August 1, 2004. Tennessee, small area of Arkansas, New Orleans area. West (TriWest Healthcare Alliance Washington, Oregon, Northern Idaho ...... June 1, 2004. Corp.). California, Hawaii, Alaska ...... July 1, 2004. Arizona, Colorado, Idaho, Iowa, Kansas, Minnesota, Missouri, Montana, Ne- October 1, 2004. braska, Nevada, New Mexico, North Dakota, South Dakota, western portion of Texas, Wyoming.

FOR FURTHER INFORMATION CONTACT: U.S. Patent number 6,615,919 entitled DEPARTMENT OF EDUCATION David Bennett, Medical Benefits and ‘‘Well Pipe Extraction Apparatus.’’ Reimbursement Systems, TRICARE Office of Special Education and ADDRESSES: Management Activity, telephone (303) Requests for copies of the Rehabilitative Services; Overview 676–3494. patent application cited should be Information; National Institute on directed to Kurt Buehler, NFESC, Code Disability and Rehabilitation Research Dated: March 23, 2004. 423, 1100 23rd Ave, Port Hueneme, CA (NIDRR)—Small Business Innovative L.M. Bynum, 93043–4370, and must include the U.S. Research Program (SBIR); Notice Alternate OSD Federal Register Liaison, Patent number. Inviting Applications for New Awards Officer, Department of Defense. for Fiscal Year (FY) 2004 [FR Doc. 04–6978 Filed 3–29–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: Kurt Buehler, Office of Research and Catalog of Federal Domestic Assistance BILLING CODE 5001–06–M Technology Applications, NFESC, Code (CFDA) Number: 84.133S–1. 423, 1100 23rd Ave, Port Hueneme, CA DATES: Applications Available: March DEPARTMENT OF DEFENSE 93043–4370, telephone (805) 982–4897. 31, 2004. Deadline for Notice of Intent to (Authority: 35 U.S.C. 207, 37 CFR part 404.) Department of the Navy Apply: April 30, 2004. Dated: March 17, 2004. Deadline for Transmittal of Notice of Availability of Government- S.K. Melancon, Applications: June 1, 2004. Owned Invention; Available for Eligible Applicants: Small business Paralegal Specialist, Office of the Judge Licensing concerns as defined by the Small Advocate General, Alternate Federal Register Business Administration (SBA) at the Liaison Officer. AGENCY: Department of the Navy, DoD. time of the award. This definition is [FR Doc. 04–7004 Filed 3–29–04; 8:45 am] included in the application package. ACTION: Notice. BILLING CODE 3810–FF–P All technology, science, or engineering firms with strong research SUMMARY: The invention listed below is capabilities in any of the priority areas assigned to the United States listed in this notice are encouraged to Government as represented by the participate. Secretary of the Navy and is available Consultative or other arrangements for licensing by the Department of the between these firms and universities or Navy. other non-profit organizations are

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permitted, but the small business (2) foster an exchange of expertise, do not give an application that meets concern must serve as the grantee. information, and training to facilitate one of these invitational priorities a If it appears that an applicant the advancement of knowledge and competitive or absolute preference over organization does not meet the understanding of the unique needs of other applications. The invitational eligibility requirements, we will request traditionally underserved populations; priorities relate to innovative research an evaluation by the SBA. Under (3) determine best strategies and utilizing new technologies to address circumstances in which eligibility is programs to improve rehabilitation the needs of individuals with unclear, we will not make a SBIR award outcomes for underserved populations; disabilities and their families. until the SBA makes a determination. (4) identify research gaps; (5) identify These priorities are: Estimated Available Funds: mechanisms of integrating research and (1) Development of technology to $1,125,000 for new Phase I awards. practice; and (6) disseminate findings. support access, promote integration, or Note: The estimated amount of funds Background foster independence of individuals with available for new Phase I awards is based disabilities in the community, upon the estimated threshold SBIR allocation The Small Business Reauthorization workplace, or educational setting. for OSERS, less prior commitments for Phase Act (Act) of 2000 was enacted on (2) Development of technology to II continuation awards. December 21, 2000. The Act requires enhance sensory or motor function of certain agencies, including the individuals with disabilities. Estimated Average Size of Awards: Department, to establish SBIR programs (3) Development of technology to $75,000. by reserving a statutory percentage of support transition into post-secondary Maximum Award: We will reject any their extramural research and educational or employment settings for application that proposes a budget development budgets to be awarded to individuals with disabilities. exceeding $75,000 for a single budget small business concerns for research or (4) Development of technology that period of 6 months. The Acting Deputy research and development (R/R&D) promotes access to information in Assistant Secretary for Special through a uniform, highly competitive educational, employment and Education and Rehabilitative Services three-phase process. community settings. may change the maximum amount The three phases of the SBIR program Each applicant should describe the through a notice published in the are: approaches they expect to use to collect Federal Register. Phase I: Phase I is to determine, empirical evidence that demonstrates insofar as possible, the scientific or Note: Maximum award amount includes the effectiveness of the technology they technical merit and feasibility of ideas direct and indirect costs and fees. are proposing in an effort to assess the submitted under the SBIR program. The efficacy and usefulness of the Estimated Number of Awards: 15. application should concentrate on technology. Note: The Department is not bound by any research that will significantly estimates in this notice. contribute to proving the scientific or Note: New technologies must adhere to technical feasibility of the approach or universal design principles and Guidelines Project Period: Up to 6 months for concept and that would be prerequisite for More Accessible Design. Universal design Phase I. is defined as ‘‘the design of products and to further Department support in Phase environments to be usable by all people, to Full Text of Announcement II. the greatest extent possible, without the need Phase II: Phase II is to expand on the for adaptation or specialized design’’ (The I. Funding Opportunity Description results of and to further pursue the Center for Universal Design, 1997. The Purpose of Program: The purpose of development of Phase I projects. Phase Principles of Universal Design, Version 2.0. this program is to stimulate II is the principal R/R&D effort. It Raleigh, NC: North Carolina State University. technological innovation in the private requires a more comprehensive Web: http://www.design.ncsu.edu). application, outlining the effort in detail Accessible design of consumer products will sector, strengthen the role of small seek to minimize or alleviate barriers that business in meeting Federal research or including the commercial potential. Phase II applicants must be Phase I reduce the ability of individuals with research and development (R/R&D) disabilities to effectively or safely use needs, increase the commercial awardees with approaches that appear standard consumer products (For more application of Department of Education sufficiently promising as a result of information see—http://www.trace.wisc.edu/ (ED) supported research results, and Phase I. Awards are for periods of up to docs/consumer_product_guidelines/ improve the return on investment from 2 years in amounts up to $500,000. consumer.pcs/disabil.htm). Federally funded research for economic Phase III: In Phase III, the small Program Authority: The Small Business and social benefits to the Nation. business must use non-SBIR capital to pursue commercial applications of the Reauthorization Act of 2000, Pub. L. 106–554 Note: NIDRR supports the goals of R/R&D. Also, under Phase III, Federal (15 U.S.C. 631 and 638) and title II of the President Bush’s New Freedom Initiative agencies may award non-SBIR follow-on Rehabilitation Act of 1973, as amended, Pub. (NFI). The NFI can be accessed on the L. 105–220 (29 U.S.C. 760–764). Internet at the following site: http:// funding for products or processes that www.whitehouse.gov/news/ meet the needs of those agencies. Applicable Regulations: The freedominitiative/freedominitiative.html. Priorities: SBIR projects are Education Department General encouraged to look to the future by Administrative Regulations (EDGAR) in The goals of the SBIR program are in exploring uses of technology to ensure 34 CFR parts 74, 75, 77, 81, 82, 84, 85, concert with NIDRR’s 1999–2003 Long- equal access to education, employment, 97, 98 and 99. Range Plan (Plan). The Plan can be and community environments and II. Award Information accessed on the Internet at the following information. Under this competition we site: http://www.ed.gov/rschstat/ are particularly interested in Type of Award: Discretionary grants. research/pubs/index.html. applications that address one of the Estimated Available Funds: Through the implementation of the following priorities. $1,125,000 for new Phase I awards. NFI and the Plan, NIDRR seeks to—(1) Invitational Priorities: For FY 2004 Note: The estimated amount of funds improve the quality and utility of these priorities are invitational available for new Phase I awards is based disability and rehabilitation research; priorities. Under 34 CFR 75.105(c)(1) we upon the estimated threshold SBIR allocation

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for OSERS, less prior commitments for Phase edpubs.html or you may contact ED 20202–2645; or fax (202) 205–8515; or e- II continuation awards. Pubs at its e-mail address: mail: [email protected]. [email protected]. For further information regarding the Estimated Average Size of Awards: If you request an application from ED LOI requirement contact Carol Cohen at $75,000. Pubs, be sure to identify this (202) 205–5666. Maximum Award: We will reject any competition as follows: CFDA Number Page Limit: The application narrative application that proposes a budget 84.133S–1. (Part III of the application) is where you, exceeding $75,000 for a single budget Individuals with disabilities may the applicant, address the selection period of 6 months. The Acting Deputy obtain a copy of the application package criteria that reviewers use to evaluate Assistant Secretary for Special in an alternative format (e.g., Braille, your application. You must limit Part III Education and Rehabilitative Services large print, audiotape, or computer to the equivalent of no more than 25 may change the maximum amount diskette) by contacting the program pages, excluding any documentation of through a notice published in the contact person listed under section VII prior multiple Phase II awards, if Federal Register. of this notice. applicable, and required forms, using Note: Maximum award amount includes 2. Content and Form of Application the following standards: direct and indirect costs and fees. Submission: Requirements concerning • A ‘‘page’’ is 8.5″ x 11″, on one side the content of an application, together only, with 1″ margins at the top, bottom, Estimated Number of Awards: 15. with the forms you must submit, are in and both sides. Note: The Department is not bound by any the application package for this • Single space all text in the estimates in this notice. competition. application narrative, including titles, Notice of Intent to Apply: Due to the headings, footnotes, quotations, Project Period: Up to 6 months for open nature of the SBIR competition, references, and captions, as well as all Phase I. and to assist with the selection of text in charts, tables, figures, and reviewers for this competition, NIDRR is III. Eligibility Information graphs. requiring all potential applicants to • Use a font that is either 12-point or 1. Eligible Applicants: Small business submit a Letter of Intent (LOI). While larger or no smaller than 10 pitch concerns as defined by the SBA at the the submission is mandatory, the (characters per inch). Standard black time of the award. This definition is content of the LOI will not be peer type should be used to permit included in the application package. reviewed or otherwise used to rate an photocopying. All technology, science, or applicant’s application. We will notify • Draw all graphs, diagrams, tables, engineering firms with strong research only those potential applicants who and charts in black ink. Do not include capabilities in any of the priority areas have failed to submit an LOI that meets glossy photographs or materials that listed in this notice are encouraged to the following requirements. cannot be photocopied in the body of participate. Each LOI should be limited to a the application. Consultative or other arrangements maximum of four pages and include the The page limit does not apply to the between these firms and universities or following information: (1) the title of the budget section, including the narrative other non-profit organizations are proposed project, which invitational budget justification; the one-page permitted, but the small business priority will be addressed, the name of abstract; the resumes; the bibliography; concern must serve as the grantee. the company, the name of the Project the letters of support; certifications; If it appears that an applicant Director or Principal Investigator (PI), statements; related application(s) or organization does not meet the and the names of partner institutions award(s); or documentation of multiple eligibility requirements, we will request and entities; (2) a brief statement of the Phase II awards, if applicable. an evaluation by the SBA. Under vision, goals, and objectives of the The application package will provide circumstances in which eligibility is proposed project and a description of its instructions for completing all unclear, we will not make a SBIR award activities at a sufficient level of detail to components to be included in the until the SBA makes a determination. allow NIDRR to select potential peer application. Each application must 2. Cost Sharing or Matching: This reviewers; (3) a list of proposed project include a cover sheet (ED Standard program does not involve cost sharing staff including the Project Director or PI Form 424); budget requirements (ED or matching. and key personnel; (4) a list of Form 524) and other required forms; an individuals whose selection as a peer IV. Application and Submission abstract, certifications, and statements; a reviewer might constitute a conflict of Information technical content project narrative interest due to involvement in proposal (subject to the 25-page limit); and 1. Address to Request Application development, selection as an advisory related application(s) or award(s) and Package: You may obtain an application board member, co-PI relationships, etc.; documentation of multiple Phase II package via Internet or from the ED and (5) contact information for the awards, if applicable. Publications Center (ED Pubs). To Project Director or PI. Submission of a We will reject your application if— obtain a copy via Internet use the LOI is a prerequisite for eligibility to • You apply these standards and following address: http://www.ed.gov/ submit an application. exceed the page limit; or fund/grant/apply/grantapps/index.html. NIDRR will accept a LOI via surface • You apply other standards and To obtain an application package from mail, e-mail, or facsimile by April 30, exceed the equivalent of the page limit. ED Pubs, write or call the following: ED 2004. If a LOI is submitted via e-mail or 3. Content Restrictions: If an applicant Pubs P.O. Box 1398, Jessup, MD 20794– facsimile, the applicant must also chooses to respond to the invitational 1398. Telephone (toll free): 1–877–433– provide NIDRR with the original signed priorities and an application is relevant 7827. FAX: (301) 470–1244. If you use LOI within seven days after the date the to more than one priority, the applicant a telecommunications device for the e-mail or facsimile is submitted. The must decide which priority is most deaf (TDD), you may call (toll free): 1– LOI must be sent to: Surface mail: Carol relevant to the application and submit 877–576–7734. Cohen, U.S. Department of Education, the application under that priority only. You may also contact ED Pubs at its 400 Maryland Avenue, SW., room 3420, There is no limitation on the number of Web site: http://www.ed.gov/pubs/ Switzer Building, Washington, DC different applications that an applicant

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may submit under this competition. An Therefore, under 5 U.S.C. 553(b)(A), the its hours of operation. We strongly applicant may submit separate Secretary has determined that proposed recommend that you do not wait until applications on different topics, or rulemaking is not required. the application deadline date to initiate different applications on the same We are requiring that applications for an e-Application package. priority. However, each application grants under the Small Business • You will not receive additional must respond to only one priority. Innovative Research Program—CFDA point value because you submit a grant 4. Submission Dates and Times: Number 84.133S–1 be submitted application in electronic format, nor Applications Available: March 31, electronically using the Electronic Grant will we penalize you if you submit an 2004. Application System (e-Application) application in paper format. Deadline for Notice of Intent To available through the Department’s e- • You must submit all documents Apply: April 30, 2004. GRANTS system. The e-GRANTS electronically, including the Deadline for Transmittal of system is accessible through its portal Application for Federal Education Applications: June 1, 2004. page at: http://e-grants.ed.gov. Assistance (ED 424), Budget The dates and times for the If you are unable to submit an Information—Non-Construction transmittal of applications by mail or by application through the e-GRANTS Programs (ED 524), and all necessary hand (including a courier service or system, you may submit a written assurances and certifications. commercial carrier) are in the request for a waiver of the electronic • Your e-Application must comply application package for this submission requirement. In your with any page limit requirements and competition. The application package request, you should explain the reason content restrictions described in this also specifies the hours of operation of or reasons that prevent you from using notice. the e-Application Web site. the Internet to submit your application. • After you electronically submit We do not consider an application Address your request to: Carol Cohen, your application, you will receive an that does not comply with the deadline U.S. Department of Education, 400 automatic acknowledgement, which requirements. Maryland Avenue, SW., room 3420, will include a PR/Award number (an 5. Intergovernmental Review: This Switzer Building, Washington, DC identifying number unique to your program is not subject to Executive 20202–2704. Please submit your request application). Order 12372 and the regulations in 34 no later than two weeks before the • Within three working days after CFR part 79. application deadline date. submitting your electronic application, 6. Funding Restrictions: We reference If, within two weeks of the fax a signed copy of the Application for regulations outlining funding application deadline date, you are Federal Education Assistance (ED 424) restrictions in the Applicable unable to submit an application to the Application Control Center after Regulations section of this notice. electronically, you must submit a paper following these steps: 7. Other Submission Requirements: application by the application deadline 1. Print ED 424 from e-Application. Instructions and requirements for the date in accordance with the transmittal 2. The institution’s Authorizing transmittal of applications by mail or by instructions in the application package. Representative must sign this form. hand (including a courier service or The paper application must include a 3. Place the PR/Award number in the commercial carrier) are in the written request for a waiver upper right hand corner of the hard application package for this documenting the reasons that prevented copy signature page of the ED 424. competition. you from using the Internet to submit 4. Fax the signed ED 424 to the Application Procedures: The your application. Application Control Center at (202) Government Paperwork Elimination Act Pilot Project for Electronic 260–1349. (GPEA) of 1998 (Pub. L. 105–277) and Submission of Applications: We are • We may request that you give us the Federal Financial Assistance continuing to expand our pilot project original signatures on other forms at a Management Improvement Act of 1999 for electronic submission of later date. (Pub. L. 106–107) encourage us to applications to include additional Application Deadline Date Extension undertake initiatives to improve our formula grant programs and additional in Case of System Unavailability: If you grant processes. Enhancing the ability of discretionary grant competitions. The are prevented from submitting your individuals and entities to conduct Small Business Innovative Research application on the application deadline business with us electronically is a Program—CFDA Number 84.133S–1 is date because the e-Application system is major part of our response to these Acts. one of the programs included in the unavailable, we will grant you an Therefore, we are taking steps to adopt pilot project. If you are an applicant extension of one business day in order the Internet as our chief means of under the Small Business Innovative to transmit your application conducting transactions in order to Research Program, you must submit electronically, by mail, or by hand improve services to our customers and your application to us in electronic delivery. We will grant this extension to simplify and expedite our business format or receive a waiver. if— processes. The pilot project involves the use of 1. You are a registered user of e- Some of the procedures in these e-Application. If you use e-Application, Application and you have initiated an e- instructions for transmitting you will be entering data online while Application for this competition; and applications differ from those in the completing your application. You may 2. (a) The e-Application system is Education Department General not e-mail an electronic copy of a grant unavailable for 60 minutes or more Administrative Regulations (EDGAR) application to us. The data you enter between the hours of 8:30 a.m. and 3:30 (34 CFR 75.102). Under the online will be saved into a database. We p.m., Washington, DC time, on the Administrative Procedure Act (5 U.S.C. shall continue to evaluate the success of application deadline date; or 553), the Department generally offers e-Application and solicit suggestions for (b) The e-Application system is interested parties the opportunity to its improvement. unavailable for any period of time comment on proposed regulations. If you participate in e-Application, during the last hour of operation (that is, However, these amendments make please note the following: for any period of time between 3:30 p.m. procedural changes only and do not • When you enter the e-Application and 4:30 p.m., Washington, DC time) on establish new substantive policy. system, you will find information about the application deadline date.

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We must acknowledge and confirm peer review, a portion of its grantees to Register. Free Internet access to the official these periods of unavailability before determine: edition of the Federal Register and the Code granting you an extension. To request • The degree to which the grantees of Federal Regulations is available on GPO are conducting high-quality research, as Access at: www.gpoaccess.gov/nara/ this extension or to confirm our index.html. acknowledgement of any system reflected in the appropriateness of study unavailability, you may contact either designs, the rigor with which accepted Dated: March 24, 2004. (1) the person listed elsewhere in this standards of scientific and engineering Troy R. Justesen, notice under FOR FURTHER INFORMATION methods are applied, and the degree to Acting Deputy Assistant, Secretary for Special CONTACT (see VII. Agency Contact) or (2) which the research builds on and Education and Rehabilitative Services. the e-GRANTS help desk at 1–888–336– contributes to the level of knowledge in [FR Doc. 04–7083 Filed 3–29–04; 8:45 am] 8930. the field; • BILLING CODE 4000–01–P You may access the electronic grant The number of new or improved application for the Small Business tools, instruments, protocols, and Innovative Research Program at: http:// technologies developed and published DEPARTMENT OF EDUCATION e-grants.ed.gov. by grantees that are deemed to improve the measurement of disability and Office of Special Education and V. Application Review Information rehabilitation-related concepts and to Rehabilitative Services; List of Selection Criteria: The selection contribute to changes or improvements Correspondence criteria for this competition are in 34 in policy, practice, and outcomes for AGENCY: Department of Education. CFR 75.210 of EDGAR. The specific individuals with disabilities and their ACTION: List of Correspondence from selection criteria to be used for this families; and • The number of new or improved October 1, 2003 through December 31, competition are in the application assistive and universally designed 2003. package. technologies, devices, and systems VI. Award Administration Information developed by grantees that are deemed SUMMARY: The Secretary is publishing to improve rehabilitation services and the following list pursuant to section 1. Award Notices: If your application outcomes and enhance opportunities for 607(d) of the Individuals with is successful, we notify your U.S. participation by, and are successfully Disabilities Education Act (IDEA). Representative and U.S. Senators and transferred to industry for potential Under section 607(d) of the IDEA, the send you a Grant Award Notification commercialization. Secretary is required, on a quarterly (GAN). We may also notify you basis, to publish in the Federal Register informally. VII. Agency Contact a list of correspondence from the If your application is not evaluated or FOR FURTHER INFORMATION CONTACT: Department of Education received by not selected for funding, we notify you. Kristi E. Wilson, U.S. Department of individuals during the previous quarter 2. Administrative and National Policy Education, 400 Maryland Avenue, SW., that describes the interpretations of the Requirements: We identify room 3433, Switzer Building, Department of Education (Department) administrative and national policy Washington, DC 20202–2645. of the IDEA or the regulations that requirements in the application package Telephone: (202) 260–0988 or by e-mail: implement the IDEA. and reference these and other [email protected]. FOR FURTHER INFORMATION CONTACT: requirements in the Applicable If you use a telecommunications Melisande Lee or JoLeta Reynolds. Regulations section of this notice. device for the deaf (TDD), you may call Telephone: (202) 205–5507 (press 3). We reference the regulations outlining the TDD number at (202) 205–4475 or If you use a telecommunications the terms and conditions of an award in the Federal Information Relay Service device for the deaf (TDD), you may call the Applicable Regulations section of (FIRS) at 1–800–877–8339. the Federal Information Relay Service this notice and include these and other Individuals with disabilities may (FIRS) at 1–800–877–8339. specific conditions in the GAN. The obtain this document in an alternative Individuals with disabilities may GAN also incorporates your approved format (e.g., Braille, large print, obtain a copy of this notice in an application as part of your binding audiotape, or computer diskette) on alternative format (e.g., Braille, large commitments under the grant. request to the program contact person print, audiotape, or computer diskette) 3. Reporting: At the end of your listed in this section. on request to the contact persons listed project period, you must submit a final in the preceding paragraph. VIII. Other Information performance report, including financial SUPPLEMENTARY INFORMATION: The information, as directed by the Electronic Access to This Document: following list identifies correspondence Secretary. If you receive a multi-year You may view this document, as well as from the Department issued from award, you must submit an annual all other documents of this Department October 1, 2003 through December 31, performance report that provides the published in the Federal Register, in 2003. most current performance and financial text or Adobe Portable Document Included on the list are those letters expenditure information as specified by Format (PDF) on the Internet at the that contain interpretations of the the Secretary in 34 CFR 75.118. following site: http://www.ed.gov/news/ requirements of the IDEA and its Note: NIDRR will provide information by fedregister. implementing regulations, as well as letter to grantees on how and when to submit To use PDF you must have Adobe letters and other documents that the the report. Acrobat Reader, which is available free Department believes will assist the at this site. If you have questions about public in understanding the 4. Performance Measures: To evaluate using PDF, call the U.S. Government requirements of the law and its the overall success of its research Printing Office (GPO), toll free, at 1– regulations. The date and topic program, NIDRR assesses the quality of 888–293–6498; or in the Washington, addressed by a letter are identified, and its funded projects through review of DC, area at (202) 512–1530. summary information is also provided, grantee performance and products. Each Note: The official version of this document as appropriate. To protect the privacy year, NIDRR examines, through expert is the document published in the Federal interests of the individual or individuals

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involved, personally identifiable names and personally identifiable specific individualized education information has been deleted, as information of other students (without program (IEP) requirements of Part B of appropriate. consent from their parents) that are the IDEA may not be used to substitute contained in the student’s record. for an IEP. Part B Topic Addressed: Least Restrictive Section 615—Procedural Safeguards Assistance for Education of All Children Environment. With Disabilities • Letter dated November 4, 2003 to Topic Addressed: Due Process New Jersey Department of Education Hearings. Section 611—Authorization; Allotment; • use of Funds; Authorization of Director of Special Education Barbara Letter dated December 10, 2003 to Appropriations Gantwerk, regarding the least restrictive individual (personally identifiable environment provisions of the IDEA and information redacted), clarifying that a Topic Addressed: Use of Funds. the placement of children with party aggrieved by a decision in a • Letter dated November 18, 2003 to disabilities in segregated settings, with hearing (in a one-tier due process Florida Department of Education parental approval. hearing system) does not have a right to Director of Special Education Shan Goff, Topic Addressed: State Educational an appeal to the SEA merely because the clarifying that under Part B of the IDEA, State transfers responsibility for the court, in its discretion, may award Agency General Supervisory Authority. • conducting due process hearings to the reasonable attorneys’ fees to the parents Letters dated October 24, 2003 to New Jersey Statewide Parent Advocacy State’s Office of Administrative of a child with a disability who is a Hearings, and clarifying that the State is prevailing party in a due process Network Executive Director Diana MTK Autin and to New Jersey Commissioner not automatically a proper party to an hearing, but the IDEA does not provide administrative or judicial proceeding a reciprocal right for a local educational of Education William L. Librera, clarifying that the IDEA does not merely because the State operates a one- agency (LEA) or State educational tier system. agency (SEA) (although it may be prohibit a State or school district from permissible for an LEA or SEA to entering into an agreement with another Part C entity to provide special education and recover fees under other applicable Infants and Toddlers With Disabilities federal or State laws). related services, but the State and school district remain responsible for Section 634—Eligibility Section 612—State Eligibility ensuring the provision of a free appropriate public education to the Topic Addressed: Evaluations. Topic Addressed: Condition of • Assistance. child, and the parents cannot be denied Letter dated November 6, 2003 to • Letter dated December 24, 2003 to the opportunity to pursue complaints Connecticut Part C Coordinator Linda Attorney Leigh M. Manasevit, regarding against the State and school district. Goodman, clarifying whether the requirement that North Carolina audiological evaluations must be Section 613—Local Educational Agency revise its State Plan because a public provided to an infant or toddler referred Eligibility agency may not use the due process to Part C, who is suspected of having a procedures to override a parent’s refusal Topic Addressed: Charter Schools. communication delay, whose hearing to consent to the initial provision of • Letter dated December 18, 2003 to has not been tested, and for whom an special education and related services. Texas Education Agency Associate audiology evaluation is determined to Topic Addressed: Procedural Commissioner Susan Barnes, clarifying be needed. Safeguards. that the IDEA statute and its Section 635—Requirements for • Letter dated December 10, 2003 to corresponding regulations do not make Statewide System individuals (personally identifiable any exceptions to the requirements information redacted), regarding options under 20 U.S.C. 1412(a)(1) and 20 Topic Addressed: Eligibility Criteria. • available to parents to resolve disputes U.S.C. 1412(a)(3)–(6) when a student is Letter dated October 24, 2003 to relating to the requirements of Part B of provided an education through Connecticut Part C Coordinator Linda the IDEA and clarifying that the Part B information and communication Goodman, regarding the State’s regulations do not include a provision technologies (e.g., via the Internet, obligation to evaluate and assess infants for review by the Office of Special teleconferencing, or tele-video or toddlers who are suspected of having Education Programs of a State’s conferencing). a disability and whether the State can complaint decision. • Letter dated November 10, 2003 to deny services to families who refuse to • Letter dated October 27, 2003 to Harmony Community School Executive pay or repeatedly fail to keep California State Director of Special Director David Nordyke, clarifying that appointments. Education Alice Parker, clarifying that issues regarding a State’s public school Other Letters That Do Not Interpret the the Part B regulations require a State to funding formula, including State Idea But May Be of Interest to Readers resolve signed, written complaints funding of special education and related regarding State eligibility requirements. services, are matters to be resolved at Topic Addressed: Procedural Topic Addressed: Confidentiality of the State level, as long as the provisions Safeguards. Education Records. of the IDEA are met. • Letter dated October 17, 2003 to • Letter dated October 31, 2003 to U.S. Congressman Ruben Hinojosa individual (personally identifiable Section 614—Evaluations, Eligibility clarifying that the provisions of the Safe information redacted), from Family Determinations, Individualized and Drug-Free Schools and Policy Compliance Office Director Education Programs, and Educational Communities Act (Title IV of the LeRoy S. Rooker, clarifying that under Placements Elementary and Secondary Education the Family Educational Rights and Topic Addressed: Individualized Act of 1965, as amended by the No Privacy Act (FERPA) and the IDEA, a Education Programs. Child Left Behind Act of 2001) do not school system may not release to the • Letter dated October 2, 2003 to prohibit the presence of a student’s parents of a student, for whom a due Daniel W. Morse, Esq., clarifying that a prescription drugs, or related process hearing has been filed, the Section 504 plan that does not meet the equipment, at school.

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Electronic Access to This Document On August 11, 1999, FE issued Order ‘‘Electricity Regulation’’, then ‘‘Pending You may view this document, as well No. EA–213 authorizing Coral to Procedures’’ from the options menus. as all other Department of Education transmit electric energy from the United Issued in Washington, DC, on March 25, documents published in the Federal States to Canada using the international 2004. Register, in text or Adobe Portable electric transmission facilities owned by Anthony J. Como, Document Format (PDF) on the Internet Basin Electric Power Cooperative, Deputy Director, Electric Power Regulation, at the following site: http://www.ed.gov/ Bonneville Power Authority, Citizens Office of Coal & Power Imports/Exports, news/fedregister/index.html. Utilities, Eastern Maine Electric Office of Coal & Power Systems, Office of To use PDF you must have Adobe Cooperative, International Fossil Energy. Acrobat Reader, which is available free Transmission, Joint Owners of the [FR Doc. 04–7087 Filed 3–29–04; 8:45 am] at this site. If you have questions about Highgate Project, Long Sault, Inc., BILLING CODE 6450–01–P using PDF, call the U.S. Government Maine Electric Power Company, Maine Printing Office (GPO), toll free, at 1– Public Service Company, Minnesota 888–293–6498; or in the Washington, Power, Inc., Minnkota Power DEPARTMENT OF ENERGY DC, area at (202) 512–1530. Cooperative, New York Power Authority, Niagara Mohawk Power [Docket No. EA–262–A] Note: The official version of this document Corporation, Northern States Power, is published in the Federal Register. Free Application to Export Electric Energy; Internet access to the official edition of the Vermont Electric Transmission TransCanada Power Marketing Ltd. Federal Register and the Code of Federal Company. That two-year authorization Regulations is available on GPO Access at: expired on August 11, 2001. On August AGENCY: Office of Fossil Energy, DOE. http://www.gpoaccess.gov/nara/index.html 13, 2001, FE issued Order No. EA–213– ACTION: Notice of application. A renewing Coral’s export (Catalog of Federal Domestic Assistance authorization. That authorization SUMMARY: TransCanada Power Number 84.027, Assistance to States for expired on August 13, 2003. Marketing Ltd. (TCPM) has applied to Education of Children with Disabilities) On March 13, 2004, Coral filed an renew its authority to transmit electric Dated: March 23, 2004. application with FE for renewal of the energy from the United States to Canada pursuant to section 202(e) of the Federal Troy R. Justesen, export authority contained in Order No. Power Act. Acting Deputy Assistant Secretary for Special EA–213–A. Coral has requested that any Education and Rehabilitative Services. Order that may be issued in this DATES: Comments, protests or requests [FR Doc. 04–7032 Filed 3–29–04; 8:45 am] proceeding be effective for a period of to intervene must be submitted on or before April 29, 2004. BILLING CODE 4000–01–P five years. Procedural Matters: Any person ADDRESSES: Comments, protests or desiring to become a party to this requests to intervene should be DEPARTMENT OF ENERGY proceeding or to be heard by filing addressed as follows: Office of Coal & comments or protests to this application Power Import/Export (FE–27), Office of [Docket No. EA–213–B] should file a petition to intervene, Fossil Energy, U.S. Department of comment or protest at the address Energy, 1000 Independence Avenue, Application To Export Electric Energy; provided above in accordance with SW., Washington, DC 20585–0350 (FAX Coral Power, L.L.C. §§ 385.211 or 385.214 of the FERC’s 202–287–5736). AGENCY: Office of Fossil Energy, DOE. Rules of Practice and Procedures (18 FOR FURTHER INFORMATION CONTACT: ACTION: Notice of applications. CFR 385.211, 385.214). Fifteen copies of Xavier Puslowski (Program Office) 202– each petition and protest should be filed 586–4608 or Michael Skinker (Program SUMMARY: Coral Power, L.L.C. (Coral) with the DOE on or before the date Attorney) 202–586–2793. has applied for renewal of its authority listed above. SUPPLEMENTARY INFORMATION: Exports of to transmit electric energy from the Comments on the Coral application to electricity from the United States to a United States to Canada pursuant to export electric energy to Canada should foreign country are regulated and section 202(e) of the Federal Power Act. be clearly marked with Docket EA–213– require authorization under section DATES: Comments, protests or requests B. Additional copies are to be filed 202(e) of the Federal Power Act (FPA) to intervene must be submitted on or directly with Robert Reilley, Vice (16 U.S.C. 824a(e)). before April 29, 2004. President, Regulatory Affairs, Coral On June 4, 2002, the Office of Fossil ADDRESSES: Comments, protests or Power, L.L.P., 909 Fannin, Suite 700, Energy (FE) of the Department of Energy requests to intervene should be Houston, TX 77010. (DOE) issued Order No. EA–262 addressed as follows: Office of Coal & A final decision will be made on this authorizing TCPM to transmit electric Power Imports/Exports (FE–27), Office application after the environmental energy from the United States to Canada of Fossil Energy, U.S. Department of impacts have been evaluated pursuant as a power marketer. That two-year Energy, 1000 Independence Avenue, to the National Environmental Policy authorization expires on June 4, 2004. SW., Washington, DC 20585–0350 (FAX Act of 1969, and a determination is On March 4, 2004, FE received an 202–287–5736). made by the DOE that the proposed application from TCPM to renew its FOR FURTHER INFORMATION CONTACT: action will not adversely impact on the authorization contained in Order No. Rosalind Carter (Program Office) 202– reliability of the U.S. electric power EA–262. TCPM is incorporated in the 586–7983 or Michael Skinker (Program supply system. State of Delaware, with its principal Attorney) 202–586–2793. Copies of this application will be place of business in Westborough, SUPPLEMENTARY INFORMATION: Exports of made available, upon request, for public Massachusetts. TCPM does not own electricity from the United States to a inspection and copying at the address generation or transmission assets and foreign country are regulated and provided above or by accessing the does not have a franchised electric require authorization under section Fossil Energy home page at http:// power service area. TCPM operates as a 202(e) of the Federal Power Act (FPA) www.fe.doe.gov. Upon reaching the wholesale and retail marketer of electric (16 U.S.C. 824a(e)). Fossil Energy home page, select power.

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TCPM proposes to arrange for the Issued in Washington, DC, on March 25, 2003 in Docket Nos. ER02–91–000, delivery of electric energy to Canada 2004. ER02–303–000, and EL02–15–000, 105 over the existing international Anthony J. Como, FERC ¶ 61,165 (2003). transmission facilities owned by Basin Deputy Director, Electric Power Regulation, Comment Date: April 9, 2004. Office of Coal & Power Import/Export, Office Electric Power Cooperative, Bonneville 3. Public Service Company of Colorado Power Administration, Citizens Utilities of Coal & Power Systems, Office of Fossil Company, Eastern Maine Electric Energy. [Docket No. ER03–971–003] Cooperative, International Transmission [FR Doc. 04–7084 Filed 3–29–04; 8:45 am] Take notice that on March 18, 2004, Company, Joint Owners of the Highgate BILLING CODE 6450–01–P Public Service Company of Colorado Project, Long Sault, Inc., Maine Electric (PS Colorado) submitted a compliance Power Company, Maine Public Service filing pursuant to the order issued DEPARTMENT OF ENERGY Company, Minnesota Power Inc., February 27, 2004, in Docket Nos. Minnkota Power Cooperative, Inc., New Federal Energy Regulatory ER03–971–000, 001 and 002, 106 FERC York Power Authority, Niagara Mohawk Commission ¶ 61,189 (2004). Power Corporation, Northern States PS Colorado states that a copy of this Power, and Vermont Electric [Docket No. EC04–78–000, et al.] filing has been served on each person Transmission Company. designated on the official service list in Mesquite Investors, L.L.C., et al.; Docket No. ER03–971–000. The construction, operation, Electric Rate and Corporate Filings maintenance, and connection of each of Comment Date: April 8, 2004. the international transmission facilities March 23, 2004. 4. Duke Energy Corporation to be utilized by TCPM, as more fully The following filings have been made with the Commission. The filings are [Docket Nos. ER04–455–001 and ER04–506– described in the application, has 001] previously been authorized by a listed in ascending order within each Take notice that on March 19, 2004, Presidential permit issued pursuant to docket classification. Duke Energy Corporation, on behalf of Executive Order 10485, as amended. 1. Mesquite Investors, L.L.C.; Duke Electric Transmission, Procedural Matters: Any person Dartmouth Power Holding Company, (collectively, Duke) tendered for filing desiring to become a party to this L.L.C.; Mesquite Colorado Holdco, revised Network Integration Service proceeding or to be heard by filing L.L.C.; Vandolah Holding Company, Agreements (NITSAs) with (1) North comments or protests to this application L.L.C.; and Northern Star Generation Carolina Electric Membership should file a petition to intervene, LLC Corporation and (2) Western Carolina comment or protest at the address [Docket No. EC04–78–000] Energy, LLC, as agent for Energy United provided above in accordance with Take notice that on March 19, 2004, Electric Membership Corporation, §§ 385.211 or 385.214 of the FERC’s Mesquite Investors, L.L.C., Dartmouth Piedmont Electric Membership Rules of Practice and Procedures (18 Power Holding Company, L.L.C., Corporation, Blue Ridge Electric CFR 385.211, 385.214). Fifteen copies of Mesquite Colorado Holdco, L.L.C., Membership Corporation, and each petition and protest should be filed Vandolah Holding Company, L.L.C. and Rutherford Electric Membership. Duke with DOE on or before the date listed Northern Star Generation LLC (jointly, seeks an effective date for the revised above. Applicants) filed with the Commission NITSAs of January 1, 2004. Comments on the TCPM application an application pursuant to Section 203 Comment Date: April 9, 2004. to export electric energy to Canada of the Federal Power Act for 6. Lowell Power LLC should be clearly marked with Docket authorization to effectuate an indirect EA–262–A. Additional copies are to be change of control over the facilities [Docket No. ER04–557–001] filed directly with Angela Avery, owned by Dartmouth Power Associates Take notice that on March 19, 2004, Associate General Counsel, Limited Partnership, Front Range Power Lowell Power LLC (Seller) submitted to TransCanada Power Marketing Ltd., Company, L.L.C. and Vandolah Power the Commission a revised electric rate 450—1st Street, SW., Calgary, Alberta, Company, L.L.C. that are subject to the schedule reflecting its name change T2P 5H1. Commission’s jurisdiction under the from UAE Lowell Power LLC to Lowell Federal Power Act. Applicants also Power LLC. A final decision will be made on this Comment Date: April 9, 2004. application after the environmental requested authorization for an internal impacts have been evaluated pursuant reorganization. Applicants also 7. California Independent System to the National Environmental Policy requested expedited consideration of Operator Corporation the Application and privileged Act of 1969, and a determination is [Docket No. ER04–609–001] made by the DOE that the proposed treatment for certain exhibits pursuant Take notice that on March 19, 2004, action will not adversely impact on the to 18 CFR 33.9 and 388.112. Comment Date: April 9, 2004. the California Independent System reliability of the U.S. electric power Operator Corporation (ISO) submitted supply system. 2. Williams Energy Marketing & an errata filing concerning Amendment Copies of this application will be Trading Company; California No. 58 to the ISO Tariff, which the ISO made available, upon request, for public Independent System Operator, et al. v. filed for acceptance by the Commission inspection and copying at the address Cabrillo Power I LLC, et al. on March 2, 2004, in the Docket No. provided above or by accessing the [Docket Nos. ER02–91–001; ER02–303–001; ER04–609–001. Fossil Energy home page at http:// and EL02–15–001] The ISO states that the filing has been www.fe.doe.gov. Upon reaching the Take notice that on March 19, 2004, served on the California Public Utilities Fossil Energy home page, select Williams Energy Marketing & Trading Commission, the California Energy ‘‘Electricity Regulation,’’ and then Company, submitted a Compliance Commission, the California Electricity ‘‘Pending Procedures’’ from the options Refund Report, in response to the Oversight Board, all parties in the menus. Commission’s Order issued October 31, Amendment No. 54 proceeding (Docket

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No. ER03–1046), and all parties with Commission strongly encourages [email protected]. Mail delivery effective Scheduling Coordinator electronic filings. address is: Federal Communications Agreements under the ISO Tariff. Commission, 445 12th Street, SW., Magalie R. Salas, Comment Date: April 9, 2004. Room 7–A325, Washington, DC 20554. Secretary. Federal Communications Commission. 8. Reliant Energy Aurora, LP [FR Doc. E4–700 Filed 3–29–04; 8:45 am] Marlene H. Dortch, [Docket No. ER04–662–000] BILLING CODE 6717–01–P Secretary. Take notice that on March 18, 2004, [FR Doc. 04–7099 Filed 3–29–04; 8:45 am] Reliant Energy Aurora, LP (Aurora) BILLING CODE 6712–01–M submitted for filing its FERC Rate FEDERAL COMMUNICATIONS Schedule No. 1, pursuant to which COMMISSION Aurora will provide black start service Technological Advisory Council FEDERAL RESERVE SYSTEM to Commonwealth Edison Company. Aurora requests an effective date of May AGENCY: Federal Communications Agency Information Collection 19, 2004. Commission. Activities: Proposed Collection; Comment Date: April 8, 2004. ACTION: Notice of public meeting. Comment Request 9. Alabama Power Company SUMMARY: In accordance with the AGENCY: Board of Governors of the [Docket No. ER04–664–000] Federal Advisory Committee Act, this Federal Reserve System. notice advises interested persons of the SUMMARY: Take notice that on March 19, 2004, Background. fifth meeting of the Technological On June 15, 1984, the Office of Alabama Power Company (APCo) filed Advisory Council (‘‘Council’’) under its Management and Budget (OMB) an amendment to the Amended and charter renewed as of November 25, delegated to the Board of Governors of Restated Agreement for Partial 2002. The meeting will be held at the the Federal Reserve System (Board) its Requirements and Complementary Federal Communications Commission approval authority under the Paperwork Services Between APCo and the in Washington, DC. Reduction Act, as per 5 CFR 1320.16, to Alabama Municipal Electric Authority DATES: April 23, 2004 beginning at 10 approve of and assign OMB control (AMEA). The amendment sets forth numbers to collection of information APCo’s and AMEA’s agreement a.m. and concluding at 3 p.m. ADDRESSES: Federal Communications requests and requirements conducted or regarding the connection and parallel sponsored by the Board under operation of an AMEA resource to Commission, 445 12th St. SW., Room TW–C305, Washington, DC 20554. conditions set forth in 5 CFR 1320 APCo’s electric system. An effective Appendix A.1. Board-approved FOR FURTHER INFORMATION CONTACT: date of February 19, 2004 is requested. collections of information are Jeffery Goldthorp, (202) 418–1096. Comment Date: April 9, 2004. incorporated into the official OMB SUPPLEMENTARY INFORMATION: Standard Paragraph inventory of currently approved Continuously accelerating technological collections of information. Copies of the Any person desiring to intervene or to changes in telecommunications design, OMB 83–Is and supporting statements protest this filing should file with the manufacturing, and deployment require and approved collection of information Federal Energy Regulatory Commission, that the Commission be promptly instruments are placed into OMB’s 888 First Street, NE., Washington, DC informed of those changes to fulfill its public docket files. The Federal Reserve 20426, in accordance with Rules 211 statutory mandate effectively. The may not conduct or sponsor, and the and 214 of the Commission’s Rules of Council was established by the Federal respondent is not required to respond Practice and Procedure (18 CFR 385.211 Communications Commission to to, an information collection that has and 385.214). Protests will be provide a means by which a diverse been extended, revised, or implemented considered by the Commission in array of recognized technical experts on or after October 1, 1995, unless it determining the appropriate action to be from different areas such as displays a currently valid OMB control taken, but will not serve to make manufacturing, academia, number. protestants parties to the proceeding. communications services providers, the Any person wishing to become a party research community, etc., can provide Request for Comment on Information must file a motion to intervene. All such advice to the FCC on innovation in the Collection Proposal motions or protests should be filed on communications industry. At this fifth The following information collection, or before the comment date, and, to the meeting under the Council’s new which is being handled under this extent applicable, must be served on the charter, the Council will discuss the delegated authority, has received initial applicant and on any other person Broadband Wireless and Spam. Board approval and is hereby published designated on the official service list. Members of the public may attend the for comment. At the end of the comment This filing is available for review at the meeting. The Federal Communications period, the proposed information Commission or may be viewed on the Commission will attempt to collection, along with an analysis of Commission’s Web site at http:// accommodate as many persons as comments and recommendations www.ferc.gov, using the ‘‘FERRIS’’ link. possible. Admittance, however, will be received, will be submitted to the Board Enter the docket number excluding the limited to the searing available. Unless for final approval under OMB delegated last three digits in the docket number so requested by the Council’s Chair, authority. Comments are invited on the filed to access the document. For there will be no public oral following: assistance, call (202) 502–8222 or TTY, participation, but the public may submit a. Whether the proposed collection of (202) 502–8659. Protests and written comments to Jeffery Goldthorp, information is necessary for the proper interventions may be filed electronically the Federal Communications performance of the Federal Reserve’s via the Internet in lieu of paper; see 18 Commission’s Designated Federal functions; including whether the CFR 385.2001(a)(1)(iii) and the Officer for the Technological Advisory information has practical utility; instructions on the Commission’s Web Council, before the meeting. Mr. b. The accuracy of the Federal site under the ‘‘e-Filing’’ link. The Goldthorp’s e-mail address is Reserve’s estimate of the burden of the

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proposed information collection, Proposal To Approve Under OMB Act of 1956 (12 U.S.C. 1841 et seq.) including the validity of the Delegated Authority the (BHC Act), Regulation Y (12 CFR Part methodology and assumptions used; Implementation of the Following 225), and all other applicable statutes c. Ways to enhance the quality, Report and regulations to become a bank utility, and clarity of the information to Report title: Survey of Financial holding company and/or to acquire the be collected; and Management Behaviors of Military assets or the ownership of, control of, or d. Ways to minimize the burden of Personnel. the power to vote shares of a bank or information collection on respondents, Agency form number: FR 1375. bank holding company and all of the including through the use of automated OMB control number: OMB No. 7100- banks and nonbanking companies collection techniques or other forms of to be assigned. owned by the bank holding company, information technology. Frequency: Semi-annually. including the companies listed below. DATES: Comments must be submitted on Reporters: Two groups of military The applications listed below, as well or before June 1, 2004. personnel: (1) Those completing a ADDRESSES: Comments should be as other related filings required by the financial education course as part of Board, are available for immediate mailed to Jennifer J. Johnson, Secretary, their advanced training and (2) those inspection at the Federal Reserve Bank Board of Governors of the Federal not completing a financial education indicated. The application also will be Reserve System, 20th Street and course. Constitution Avenue, NW., Washington, Annual reporting hours: 2,640. available for inspection at the offices of DC 20551. Please consider submitting Estimated average hours per response: the Board of Governors. Interested your comments through the Board’s 20 minutes. persons may express their views in Web site at http:// Number of respondents: 4,000. writing on the standards enumerated in www.federalreserve.gov/generalinfo/ General description of report: This the BHC Act (12 U.S.C. 1842(c)). If the foia/ProposedRegs.cfm; by e-mail to information collection is voluntary. The proposal also involves the acquisition of [email protected]; or statutory basis for collecting this a nonbanking company, the review also by fax to the Office of the Secretary at information is section 2A of the Federal includes whether the acquisition of the 202/452–3819 or 202/452–3102. Rules Reserve Act [12 U.S.C. 225a]; the Bank nonbanking company complies with the proposed by the Board and other federal Merger Act [12 U.S.C. 1828(c)]; and standards in section 4 of the BHC Act agencies may also be viewed and sections 3 and 4 of the Bank Holding (12 U.S.C. 1843). Unless otherwise commented on at http:// Company Act [12 U.S.C. 1842 and 1843 noted, nonbanking activities will be www.regulations.gov. All public and 12 U.S.C. 353 and 461]. No issue of conducted throughout the United States. comments are available from the Board’s confidentiality normally arises because Additional information on all bank Web site at http:// names and any other characteristics that holding companies may be obtained www.federalreserve.gov/generalinfo/ would permit personal identification of from the National Information Center foia/ProposedRegs.cfm as submitted, respondents will not be reported to the website at www.ffiec.gov/nic/. except as necessary for technical Board. Unless otherwise noted, comments reasons. Accordingly, your comments Abstract: This survey would gather regarding each of these applications will not be edited to remove any data from two groups of military identifying or contact information. personnel: (1) Those completing a must be received at the Reserve Bank Public comments may also be viewed financial education course as part of indicated or the offices of the Board of electronically or in paper in Room MP– their advanced training and (2) those Governors not later than April 23, 2004. 500 of the Board’s Martin Building (C not completing a financial education A. Federal Reserve Bank of Cleveland and 20th Streets, NW.) between 9 a.m. course. These two groups would be (Nadine W. Wallman, Assistant Vice and 5 p.m. on weekdays. surveyed on their financial management President) 1455 East Sixth Street, A copy of the comments may also be behaviors and changes in their financial Cleveland, Ohio 44101–2566: submitted to the OMB desk officer for situations over time. Data from the 1. Huntington Bancshares Inc., the Board: Joseph Lackey, Office of survey would help to determine the Columbus, Ohio; to merge with Unizan Information and Regulatory Affairs, effectiveness of financial education for Financial Corp., Canton, Ohio, and Office of Management and Budget, New young adults in the military and the Executive Office Building, Room 3208, durability of the effects as measured by thereby indirectly acquire Unizan Bank, Washington, DC 20503. financial status of those receiving N.A., Canton, Ohio. FOR FURTHER INFORMATION CONTACT: A financial education early in their B. Federal Reserve Bank of Chicago copy of the proposed form and military careers. (Patrick Wilder, Managing Examiner) instructions, the Paperwork Reduction Board of Governors of the Federal Reserve 230 South LaSalle Street, Chicago, Act Submission (OMB 83–I), supporting System, March 24, 2004. Illinois 60690–1414: statement, and other documents that Jennifer J. Johnson, 1. Third Century Bancorp, Franklin, will be placed into OMB’s public docket Secretary of the Board. Indiana; to become a bank holding files once approved may be requested from the agency clearance officer, whose [FR Doc. 04–7068 Filed 3–29–04; 8:45 am] company by acquiring 100 percent of name appears below. BILLING CODE 6210–01–P the voting shares of Mutual Savings Cindy Ayouch, Federal Reserve Board Bank, Franklin, Indiana. Clearance Officer (202) 452–3829, Board of Governors of the Federal Reserve FEDERAL RESERVE SYSTEM Division of Research and Statistics, System, March 24, 2004. Board of Governors of the Federal Formations of, Acquisitions by, and Jennifer J. Johnson, Reserve System, Washington, DC 20551. Mergers of Bank Holding Companies Secretary of the Board. Telecommunications Device for the Deaf [FR Doc. 04–6991 Filed 3–29–04; 8:45 am] (TDD) users may contact (202) 263– The companies listed in this notice 4869, Board of Governors of the Federal have applied to the Board for approval, BILLING CODE 6210–01–S Reserve System, Washington, DC 20551. pursuant to the Bank Holding Company

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FEDERAL RESERVE SYSTEM holding company applications www.ncvhs.hhs.gov/ where an agenda for the scheduled for the meeting; or you may meeting will be posted when available. Federal Open Market Committee; contact the Board’s Web site at http:// Should you require reasonable Domestic Policy Directive of January www.federalreserve.gov for an accommodation, please contact the CDC 27–28, 2004 Office of Equal Employment Opportunity on electronic announcement that not only (301) 458–4EEO (4336) as soon as possible. lists applications, but also indicates In accordance with § 271.25 of its procedural and other information about rules regarding availability of Dated: March 16, 2004. the meeting. information (12 CFR part 271), there is James Scanlon, set forth below the domestic policy Board of Governors of the Federal Reserve Acting Deputy Assistant Secretary for Science directive issued by the Federal Open System, March 26, 2004. and Data Policy, Office of the Assistant Market Committee at its meeting held Robert deV. Frierson, Secretary for Planning and Evaluation. on January 27–28, 2004.1 Deputy Secretary of the Board. [FR Doc. 04–7067 Filed 3–29–04; 8:45 am] The Federal Open Market Committee [FR Doc. 04–7278 Filed 3–26–04; 3:58 pm] BILLING CODE 4151–05–M seeks monetary and financial conditions BILLING CODE 6210–01–S that will foster price stability and promote sustainable growth in output. DEPARTMENT OF HEALTH AND To further its long–run objectives, the DEPARTMENT OF HEALTH AND HUMAN SERVICES Committee in the immediate future HUMAN SERVICES Office of the Secretary seeks conditions in reserve markets consistent with maintaining the federal National Committee on Vital and Health Findings of Scientific Misconduct funds rate at an average of around 1 Statistics: Meeting AGENCY: Office of the Secretary, HHS. percent. Pursuant to the Federal Advisory By order of the Federal Open Market Committee Act, the Department of ACTION: Notice. Committee, March 23, 2004. Health and Human Services (HHS) SUMMARY: Notice is hereby given that Vincent R. Reinhart, announces the following advisory the Office of Research Integrity (ORI) Secretary, Federal Open Market Committee. committee meeting. and the Acting Assistant Secretary for [FR Doc. 04–6992 Field 3–29–04; 8:45 am] Name: National Committee on Vital and Health have taken final action in the BILLING CODE 6210–01–S Health Statistics (NCVHS), Subcommittee on following case: Standards and Security (SSS). Vickie L. Hanneken, R.N., Decatur Time and Date: 9 a.m. to 5 p.m., March 30, Memorial Hospital: Based on the report FEDERAL RESERVE SYSTEM 2004. 8:30 a.m. to 3 p.m., March 31, 2004. Place: Hubert H. Humphrey Building, 200 of an investigation conducted by Decatur Memorial Hospital (DMH) and Sunshine Act Meeting Independence Avenue, SW., Room 505A, Washington, DC 20201. additional analysis conducted by the AGENCY HOLDING THE MEETING: Board of Status: Open. Office of Research Integrity in its Governors of the Federal Reserve Purpose: The entire day on March 30 will oversight review, the U.S. Public Health System. be devoted to invited experts providing the Service (PHS) found that Vickie L. Subcommittee with an overview of e- Hanneken, R.N., former Clinical TIME AND DATE: 11:30 p.m., Monday, prescribing, including a general picture of the Research Associate, DMH, engaged in April 5, 2004. state of the industry, related standards, requirements for the Center for Medicare and scientific misconduct in research that PLACE: Marriner S. Eccles Federal was part of a Southwest Oncology Reserve Board Building, 20th and C Medicaid Services (CMS) under the recent Medicare reform legislation, and the Group prostate cancer prevention Streets, NW., Washington, DC 20551. experience of major Federal agencies. March clinical trial supported by a National STATUS: Closed. 31 will include an update of the Health Cancer Institute (NCI), National MATTERS TO BE CONSIDERED: Insurance Portability and Accountability Act Institutes of Health (NIH), cooperative 1. Personnel actions (appointments, of 1996 (HIPAA) implementation, a agreement U10 CA45807 under the promotions, assignments, presentation by the Workgroup for Electronic Central Illinois Clinical Community Data Interchange (WEDI) on reassignments, and salary actions) recommendations developed at its recent Oncology Program. involving individual Federal Reserve annual meeting, and the annual report from PHS found that the Respondent System employees. the Designated Standards Maintenance engaged in scientific misconduct by 2. Any items carried forward from a Organizations (DSMO). Time will also be falsifying or fabricating data in the previously announced meeting. reserved for other issues that may be pending clinical/study records of 35 participants FOR FURTHER INFORMATION CONTACT: and for Subcommittee discussion. in the Selenium and Vitamin E Cancer For Further Information Contact: Prevention Trial (SELECT) at Decatur Michelle A. Smith, Director, Office of Substantive program information as well as Board Members; 202–452–2955. Memorial Hospital, with a total of 60 summaries of meetings and a roster of separate acts, which included: SUPPLEMENTARY INFORMATION: You may Committee members may be obtained from • Falsification of the laboratory call 202–452–3206 beginning at Maria Friedman, Health Insurance Specialist, reports on PSA concentration for 12 approximately 5 p.m. two business days Security and Standards Group, Centers for participants; before the meeting for a recorded Medicare and Medicaid Services, MS: C5– 24–04, 7500 Security Boulevard, Baltimore, • Fabrication of the laboratory reports announcement of bank and bank MD 21244–1850, telephone: 410–786–6333 on PSA concentration for 2 participants; or Marjorie S. Greenberg, Executive • 1 Copies of the Minutes of the Federal Open Falsification of the physician’s and Secretary, NCVHS, National Center for nurse’s records for 10 participants; Market Committee meeting on January 27–28, 2004, Health Statistics, Centers for Disease Control which includes the domestic policy directive issued • Fabrication of the nurse’s records and Prevention, Room 1100, Presidential at the meeting, are available upon request to the for 2 participants; Board of Governors of the Federal Reserve System, Building, 3311 Toledo Road, Hyattsville, • Washington, D.C. 20551. The minutes are published Maryland 20782, telephone: (301) 458–4245. Falsification of data on patients’ in the Federal Reserve Bulletin and in the Board’s Information also is available on the NCVHS history and physical forms for 21 annual report. Home page of the HHS Web Site: http:// participants; and

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• Entry of falsified data into the approaches and implementation to underserved, rarely or never screened SWOG computerized data base for 13 strategies to address the national scope AI/AN women through the following participants. of this program announcement. This means: Ms. Hanneken has entered into a program addresses the ‘‘Healthy People —Assist state Program Directors to Voluntary Exclusion Agreement 2010’’ focus area of cancer. develop effective and appropriate (Agreement ) in which she has Measurable outcomes of the program partnerships with tribes. voluntarily agreed for a period of three will be in alignment with one (or more) —Identify opportunities to conduct (3) years, beginning on March 15, 2004: of the following performance goal(s) for combined meetings with states and (1) To exclude herself from any the National Center for Chronic Disease tribes/tribal organizations within contracting or subcontracting with any Prevention and Health Promotion those states to develop realistic and agency of the United States Government (NCCDPHP): (1) Increase early detection culturally sensitive approaches for and from eligibility or involvement in of breast and cervical cancer by building screening women. nonprocurement programs of the United nationwide programs in breast and —Identify opportunities to develop States Government as defined in the cervical cancer prevention especially partnerships between Urban Indian debarment regulations at 45 CFR Part among high risk, underserved women; Health Clinics and state Breast and 76; and (2) Expand community-based breast and Cervical Cancer Early Detection (2) To exclude herself from serving in cervical cancer screening and diagnostic Programs in collaboration with CDC any advisory capacity to PHS including services to low income, medically staff. but not limited to service on any PHS underserved women; (3) Assure access —Disseminate information and best advisory committee, board, and/or peer to treatment services for women practices through annual meetings, review committee, or as a consultant. diagnosed with cancer or pre-cancer. workshops and appropriate venues for FOR FURTHER INFORMATION CONTACT: all cooperative agreement grantees. Activities Director, Division of Investigative —Identify training opportunities for Oversight, Office of Research Integrity, Awardee activities related to this states to develop outreach strategies to 1101 Wootton Parkway, Suite 750, program are as follows: reach AI/AN women for breast and Rockville, MD 20852, (301) 443–5330. • Identify culturally appropriate cervical cancer screening. approaches that tribal NBCCEDP —Identify strategies to engage AI/AN Chris B. Pascal, grantees can use to increase screening to people in the development of state Director, Office of Research Integrity. underserved rarely, or never screened, coalitions CCC plans. [FR Doc. 04–7041 Filed 3–29–04; 8:45 am] AI/AN women through the following In a cooperative agreement, CDC staff BILLING CODE 4150–31–P means: is substantially involved in the program —Identify approaches and activities, above and beyond routine implementation strategies that tribal grant monitoring. DEPARTMENT OF HEALTH AND Program Directors can use to increase CDC Activities for this program are as HUMAN SERVICES culturally appropriate health care follows: • delivery and cultural sensitivity for Assist in developing and planning Centers for Disease Control and annual trainings, workshops, and Prevention all cooperative agreement grantees through annual trainings, workshops, conferences designed to disseminate Enhancing Cancer Prevention and and conferences. information and increase culturally Control Programs for American Indian/ —Identify approaches and appropriate health care delivery and Alaska Native Women implementation strategies for tribal cultural sensitivity for all cooperative agreement grantees. Program Directors to integrate Cancer • Announcement Type: New. Programs into the tribal health care Assist in the development of and Funding Opportunity Number: PA system. review all cancer training materials to 04144. —Provide culturally appropriate ensure that the materials are based on Catalog of Federal Domestic management and leadership skills AI/AN learning styles and are science Assistance Number: 93.283. training to tribal program staff. based. Key Dates: • —Identify and implement national Assist in identifying and setting Letter of Intent Deadline: April 20, communication strategies among priorities for Leadership Training 2004. curriculum for tribal grantees. Application Deadline: May 14, 2004. tribal grantees. • —Identify effective culturally Develop strategies and methods to I. Funding Opportunity Description appropriate mentoring strategies that assist the grantee in evaluating the Authority can be used by tribal grantees to impact of the grantee’s activities. • Assist in annual dissemination of improve program performance. This program is authorized under information through annual workshops, —Identify and disseminate effective sections 301(a), 317(k)(2) of the Public meetings, and other appropriate venues intervention strategies to other Breast Health Service Act [42 U.S.C. 241(a) and designed to increase culturally and Cervical tribal grantees. 247b(k)(2)], as amended. appropriate health care delivery and —In collaboration with CDC staff, Purpose: The purpose of the program cultural sensitivity for all cooperative participate in a bi-annual training, as is to enhance the capacity of tribal and agreement grantees. state National Breast and Cervical needed, on Tribal Outreach Strategies. Cancer Early Detection Program —Identify program implementation II. Award Information (NBCCEDP) and/or National strategies that can be used by tribal Type of Award: Cooperative Comprehensive Cancer Control Program CCC grantees to develop coalitions to Agreement. (CCC) grantees to serve the largest strengthen their comprehensive CDC involvement in this program is possible number of eligible American control plans. listed in the Activities Section above. Indian/Alaska Native (AI/AN) women. • Identify approaches and Fiscal Year Funds: 2004. The successful applicant should be able implementation strategies for state Approximate Total Funding: to identify culturally appropriate NBCCEDP grantees to increase screening $400,000.

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Approximate Number of Awards: 1. Note: Title 2 of the United States Code • Priority areas for technical Approximate Average Award: section 1611 states that an organization assistance. $400,000 (This amount is for the first described in section 501(c)(4) of the Internal • Activities and the experience of the 12-month budget period, and includes Revenue Code (Title 26) that engages in staff to provide culturally sensitive lobbying activities is not eligible to receive both direct and indirect costs). training and technical assistance. Federal funds constituting an award, grant, or • Identification of the major activities Floor of Award Range: None. loan. Ceiling of Award Range: $400,000. proposed to develop or implement a Anticipated Award Date: September technical assistance/ training program. IV. Application and Submission • 30, 2004. Information Requested amount of Federal Budget Period Length: 12 months. funding. • Project Period Length: 3 years. IV.1. Address To Request Application Applicant’s capability to conduct Throughout the project period, CDC’s Package the activities. commitment to continuation of awards To apply for this funding opportunity 2. Background will be conditioned on the availability use application form PHS 5161. The applicant should describe: of funds, evidence of satisfactory Application forms and instructions are • The unique technical assistance progress by the recipient (as available on the CDC Web site, at the needs of urban/rural population needing documented in required reports), and following Internet address: screening. the determination that continued www.cdc.gov/od/pgo/forminfo.htm. • The unique technical assistance funding is in the best interest of the If you do not have access to the needs of States with large breast and Federal Government. Internet, or if you have difficulty cervical cancer unscreened populations. accessing the forms on-line, you may • III. Eligibility Information Relevant experiences in contact the CDC Procurement and development and implementation of III.1. Eligible applicants Grants Office Technical Information tribal/state health department screening Management Section (PGO-TIM) staff at: Applications may be submitted by programs. (770) 488–2700. Application forms can • public and private nonprofit Relevant experiences in be mailed to you. organizations, such as: coordination and collaboration between • Public nonprofit organizations IV.2. Content and Form of Submission and among existing programs. • • Existing initiatives, capacity, and Private nonprofit organizations Letter of Intent (LOI): Your LOI must • Faith-based organizations infrastructure within which AI/AN be written in the following format: screening will occur. III.2. Cost Sharing or Matching • Maximum number of pages: 2. • Font size: 12-point unreduced 3. Management Plan Matching funds are not required for • Single spaced • this program. • Submit a management plan that Paper size: 8.5 by 11 inches includes a description of proposed • Page margin size: One inch III.3. Other management structure, organizational • Printed only on one side of page CDC will accept and review • Written in plain language, avoid chart, internal and external applications with budgets greater than jargon communication systems and a system for sound fiscal management. the ceiling of the award range. Your LOI must contain the following • If your application is incomplete or information: Provide a description of the non-responsive to the requirements • Name of organization proposed or existing linkages with IHS, listed in this section, it will not be • Contact information state health departments and national entered into the review process. You Application: You must submit a AI/AN organizations. • Provide (in the appendices) will be notified that your application project narrative with your application curriculum vitae and job descriptions of did not meet submission requirements. forms. The narrative must be submitted all staff funded through this Applicants should have extensive in the following format: • announcement. experience assisting AI/AN tribes, tribal Maximum number of pages: 20. If • Provide a detailed work plan that organizations, health departments and your narrative exceeds the page limit, describes how the activities will be populations with the management of only the first pages which are within the carried out. It should include the women health care programs, including page limit will be reviewed. • Double spaced following: breast and cervical cancer early • detection program activities. Therefore, Font size: 12 point unreduced —Goals and objectives for Year 01 • Paper size: 8.5 by 11 inches —Activities planned to achieve eligible organizations should: • • Page margin size: One inch objectives Have staff in key positions with 5 • Printed only on one side of page —Data that will be used to assess or more years of relevant experience. • Held together only by rubber bands • program activities Provide proof of nonprofit status; or metal clips; not bound in any other —Time line for assessing progress see AR–15 for additional detail. way. —The person or persons responsible for • Demonstrate extensive experience Your narrative should address activities and overall measures of with unique health service delivery activities to be conducted over the effectiveness. These measures must be issues for American Indian/Alaska entire project period, and must include objective/quantitative and must Native women, and experience in the following items in the order listed: measure the intended outcome. working with IHS, tribes, tribal organizations, and state staff to identify 1. Executive Summary 4. Itemized Budget and Justification effective strategies to deliver culturally The applicant should provide a clear, • A detailed budget with supporting competent breast and cervical cancer concise 1–2 page written summary to justification must be provided and screening services to this population. include: should be related to objectives that are • Demonstrate success in providing • Rationale for this approach to stated in the applicant’s work plan. technical assistance to states to increase technical assistance versus another Additional information may be their cancer screening of AI/AN women. approach. included in the application appendices.

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The appendices will not be counted address and deadline. It supersedes Grants Office, 2920 Brandywine toward the narrative page limit. This information provided in the application Road, Atlanta, GA 30341. additional information includes: instructions. If your application does Applications may not be submitted • Organizational Charts not meet the deadline above, it will not electronically at this time. • Letters of Support be eligible for review, and will be You are required to have a Dun and discarded. You will be notified that V. Application Review Information Bradstreet Data Universal Numbering your application did not meet the V.1. Criteria System (DUNS) number to apply for a submission requirements. grant or cooperative agreement from the CDC will not notify you upon receipt You are required to provide measures Federal Government. The DUNS of your application. If you have a of effectiveness that will demonstrate number is a nine-digit identification question about the receipt of your the accomplishment of the various number, which uniquely identifies application, first contact your courier. If identified objectives of the cooperative business entities. Obtaining a DUNS you still have a question, contact the agreement. Measures of effectiveness number is easy and there is no charge. PGO–TIM staff at: (770) 488–2700. must relate to the performance goals To obtain a DUNS number, access Before calling, please wait two to three stated in the ‘‘Purpose’’ section of this www.dunandbradstreet.com or call 1 days after the application deadline. This announcement. Measures must be (866) 705–5711. will allow time for applications to be objective and quantitative, and must For more information, see the CDC processed and logged. measure the intended outcome. These Web site at: http://www.cdc.gov/od/pgo/ measures of effectiveness must be funding/pubcommt.htm. IV.4. Intergovernmental Review of submitted with the application and will If your application form does not have Applications be an element of evaluation. a DUNS number field, please write your Executive Order 12372 does not apply Your application will be evaluated DUNS number at the top of the first to this program. against the following criteria: page of your application, and/or include 1. Work Plan (40 Points) your DUNS number in your application IV.5. Funding Restrictions cover letter. Restrictions, which must be taken into Is the plan adequate to carry out the Additional requirements that may account while writing your budget, are proposed activities, including how the require you to submit additional as follows: applicant plans to work collaboratively documentation with your application • Awards will not allow with other organizations and are listed in section ‘‘VI.2. reimbursement of pre-award costs. individuals who may have an impact on Administrative and National Policy If you are requesting indirect costs in breast and cervical cancer prevention Requirements.’’ your budget, you must include a copy and control objectives? Are the goal(s) of your indirect cost rate agreement. If clear, objectives specific, measurable, IV.3. Submission Dates and Times your indirect cost rate is a provisional achievable, realistic and time-phased? LOI Deadline Date: April 20, 2004. rate, the agreement should be less than Are the activities clear and specific? CDC requests that you send a LOI if 12 months of age. you intend to apply for this program. Guidance for completing your budget 2. Management Plan (30 Points) Although the LOI is not required, not can be found on the CDC Web site, at Does the organization have the binding, and does not enter into the the following Internet address: http:// organizational capacity and program review of your subsequent application, www.cdc.gov/od/pgo/funding/ management skills and experience to the LOI will be used to gauge the level budgetguide.htm. develop and manage the program? Are of interest in this program, and to allow IV.6. Other Submission Requirements proposed staff qualified and do they CDC to plan the application review. possess capacity to perform the Application Deadline Date: May 14, LOI Submission Address: Submit technical assistance described? Does 2004. your LOI by express mail, delivery staff have expertise working with AI/AN Explanation of Deadlines: service, fax, or E-mail to: populations in the management of Applications must be received in the Annie Voigt, Program Consultant, women’s health care programs, CDC Procurement and Grants Office by Centers for Disease Control and including breast and cervical cancer 4 p.m. Eastern Time on the deadline Prevention, National Center for early detection program activities? date. If you send your application by the Chronic Disease Prevention and United States Postal Service or Health Promotion, Division of 3. Evaluation Plan (20 Points) commercial delivery service, you must Cancer Prevention and Control, Will the evaluation plan monitor both ensure that the carrier will be able to Program Services Branch. the progress toward meeting project guarantee delivery of the application by For mail service: objectives and their impact? the closing date and time. If CDC 4770 Buford Highway, NE., Mailstop 4. Background (10 Points) receives your application after closing K–57, Atlanta, GA 30341–3724. due to: (1) Carrier error, when the Does the application identify the: (1) For delivery service: carrier accepted the package with a Limitations of access in both urban and guarantee for delivery by the closing 2858 Woodcock Blvd, Davidson rural populations, (2) need for culturally date and time, or (2) significant weather Building, Room 2059, Chamblee, appropriate technical assistance and delays or natural disasters, you will be GA 30341, telephone (770) 488– training for tribal grantees, and (3) given the opportunity to submit 4707, fax (770) 488–3230, e-mail: difficulty for states to reach AI/AN documentation of the carriers guarantee. [email protected]. women for cancer screening and to find If the documentation verifies a carrier Application Submission Address: AI/AN women to serve on coalitions problem, CDC will consider the Submit the original and two hard copies and planning committees? application as having been received by of your application by mail or express 5. Budget the deadline. delivery service to: This announcement is the definitive Technical Information Management— Is each line-item budget and narrative guide on application submission PA# 04144, CDC Procurement and justification reasonable and consistent

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with the purpose and objectives of the • AR–11 Healthy People 2010 Grants Office, 2920 Brandywine program? (Not weighted) • AR–12 Lobbying Restrictions Road, Atlanta, GA 30341, • AR–14 Accounting System Telephone: 770–488–2752, E-mail: V.2. Review and Selection Process Requirements [email protected]. Applications will be reviewed for • AR–15 Proof of Non-Profit Status Dated: March 24, 2004. completeness by the Procurement and Additional information on these Edward Schultz, Grants Office (PGO) staff, and for requirements can be found on the CDC responsiveness by NCCDPHP. Web site at the following Internet Acting Director, Procurement and Grants Incomplete applications and Office, Centers for Disease Control and address: http://www.cdc.gov/od/pgo/ Prevention. applications that are non-responsive to funding/ARs.htm. the eligibility criteria will not advance [FR Doc. 04–7026 Filed 3–29–04; 8:45 am] through the review process. Applicants VI.3. Reporting Requirements BILLING CODE 4163–18–P will be notified that their application You must provide CDC with an original, plus two hard copies of the did not meet submission requirements. DEPARTMENT OF HEALTH AND An objective review panel will following reports: HUMAN SERVICES evaluate complete and responsive 1. Interim progress report, no less applications according to the criteria than 90 days before the end of the Centers for Disease Control and listed in the ‘‘V.1. Criteria’’ section budget period. The progress report will Prevention above. serve as your non-competing In addition, the following factors may continuation application, and must Planning Effective Approaches to the affect funding the funding decision: contain the following elements: Delivery of Adolescent Immunization Demonstrated success in securing AI/ a. Current Budget Period Activities Services AN staff, (including consultants) who Objectives. are from, or have worked in and are b. Current Budget Period Financial Announcement Type: New. familiar with, each of the 12 Indian Progress. Funding Opportunity Number: 04088. Health Service Areas and who have c. New Budget Period Program Catalog of Federal Domestic served key roles in the health care Proposed Activity Objectives. Assistance Number: 93.185. systems and activities of tribal health Key Dates: d. Budget. Letter of Intent Deadline: April 29, departments, Indian Health Boards, e. Additional Requested Information. 2004. Inter-tribal Councils and/or Indian f. Measures of Effectiveness. Application Deadline: June 1, 2004. Health Service. 2. Financial status report and annual SPOC Notification Deadline: April 29, progress report, no more than 90 days V.3. Anticipated Announcement and 2004. For more information, see section after the end of the budget period. Award Dates ‘‘IV.4. Intergovernmental Review of 3. Final financial and performance Applications.’’ September 30, 2004. reports, no more than 90 days after the I. Funding Opportunity Description VI. Award Administration Information end of the project period. These reports must be mailed to the VI.1. Award Notices Grants Management or Contract Authority: Public Health Services Act, Specialist listed in the ‘‘Agency Section 317(k)(1), 42 U.S.C. 247b(k)(1), as Successful applicants will receive a amended. Notice of Grant Award (NGA) from the Contacts’’ section of this announcement. Purpose: The purpose of the program CDC Procurement and Grants Office. VII. Agency Contacts The NGA shall be the only binding, is to support the development of authorizing document between the For general questions about this effective approaches to the delivery of recipient and CDC. The NGA will be announcement, contact: immunization services to adolescents in signed by an authorized Grants Technical Information Management preparation for the wave of new Management Officer, and mailed to the Section, CDC Procurement and adolescent vaccines that are either recipient fiscal officer identified in the Grants Office, 2920 Brandywine currently in development or that are application. Unsuccessful applicants Road, Atlanta, GA 30341, being planned for development in the will receive notification of the results of Telephone: (770) 488–2700. near future. New vaccines for adolescents are the application review by mail. For program technical assistance, contact: likely to be recommended within the VI.2. Administrative and National next several years. These include Annie Voigt, Program Consultant, Policy Requirements vaccines for pertussis, meningococcal Centers for Disease Control and disease, herpes simplex virus, and 45 CFR Part 74 and Part 92 Prevention, National Center for human papilloma virus. There are other Chronic Disease Prevention and For more information on the Code of vaccines which are currently Health Promotion, Division of Federal Regulations, see the National recommended (hepatitis A, hepatitis B) Cancer Prevention and Control, Archives and Records Administration at but remain underutilized in the Program Services Branch. the following Internet address: http:// adolescent population. Overall, www.access.gpo.gov/nara/cfr/cfr-table- For mail service: published reports show that experience search.html. 4770 Buford Highway, NE., Mailstop with adolescent immunization is The following additional K–57, Atlanta, GA 30341–3724, limited and that special challenges exist requirements may apply to this project: Telephone: (770) 488–4707, Fax: if protective coverage levels are to be • AR–8 Public Health System (770) 488–3230, E-mail: attained in this population. Reporting Requirements [email protected]. This program addresses the ‘‘Healthy • AR–9 Paperwork Reduction Act For financial, grants management, or People 2010’’ focus area of Requirements budget assistance, contact: Immunization and Infectious Diseases. • AR–10 Smoke-Free Workplace Glynnis Taylor, Grants Management Measurable outcomes of the program Requirements Specialist, CDC Procurement and will be in alignment with the

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performance goal for the Centers for Awardee activities for this program 5. Contribute subject matter expertise Disease Control and Prevention’s (CDC) are as follows: in the areas of epidemiologic methods National Immunization Program (NIP) to 1. Collaborate with CDC to and statistical analysis, and survey reduce the number of indigenous cases characterize and evaluate provider research consultation. of vaccine-preventable diseases. attitudes, beliefs, and practices toward 6. Participate in the analysis and Research Objectives: adolescent vaccination. This would dissemination of information, data and Applicants should address the include information on barriers to findings from the project, facilitating following research objectives: vaccinating adolescents, provider dissemination of results. 1. Characterize and evaluate acceptability in discussing specific 7. Serve as liaisons between the providers’ knowledge, attitudes, and vaccines, and general adolescent issues recipients of the project award and other practices as they relate to the following in preventive care. administrative units within the CDC. adolescent immunization issues: 2. Collaborate with CDC to 8. Facilitate an annual meeting a. acceptability of adolescent characterize and evaluate adolescent between award recipient and CDC to vaccinations and parent attitudes toward coordinate planned efforts and review b. optimal age for administering vaccinations, usual sites for receipt of progress. c. ease or comfort in discussing preventive health care service, II. Award Information vaccines specifically designed to acceptability of receipt of vaccines at prevent sexually transmitted diseases alternative sites. Type of Award: Cooperative d. who has primary responsibility for 3. Collaborate with CDC to review Agreement. CDC involvement in this administering adolescent vaccines existing national surveys and other data program is listed in the Activities e. best settings for achieving high resources such as Medical Expenditure Section above. coverage rates (compare, for example, Panel Survey (MEPS), and National Fiscal Year Funds: 2004. physicians’ practices with school-based, Ambulatory Medical Care (NAMCS)/ Approximate Total Funding: teen, and STD clinics) National Hospital Ambulatory Medical $200,000. 2. Characterize and evaluate the Care Survey (NHAMCS), and insurance Approximate Number of Awards: knowledge, attitudes, and practices of claims to characterize adolescent health One. adolescents and parents about: care utilization patterns by age and Approximate Average Award: a. adolescent vaccinations in general gender groups. $200,000 (This amount is for the first b. acceptability of receipt of 4. Collaborate with CDC to develop a 12-month budget period, and includes vaccinations at various sites including model to determine optimum age for both direct and indirect costs). physician’s office, school-based clinic, Floor of Award Range: None. vaccination for specific vaccines, as teen & STD clinics Ceiling of Award Range: $200,000. 3. Characterize and evaluate current described in Research Objective 4, Anticipated Award Date: August 15, patterns of health care utilization in above. 2004. adolescents grouped by gender and 5. Make recommendations for and Budget Period Length: 12 months. appropriate age categories. coordinate the development of a Project Period Length: Three years. Ascertain the percent distribution national workgroup on adolescent Throughout the project period, CDC’s seen by pediatricians, family practice immunizations and preventive health commitment to continuation of awards physicians, and obstetricians/ services, as described in Research will be conditioned on the availability gynecologists at each age group. Objective 5, above. of funds, evidence of satisfactory Ascertain the percentage that have no 6. Collaboratively disseminate progress by the recipient (as usual source of primary care, and research findings in peer reviewed documented in required reports), and develop a profile of adolescents who publications and for use in determining the determination that continued have no usual source of care in terms of national policy. funding is in the best interest of the their age group, gender, family In a cooperative agreement, CDC staff is Federal Government. composition, health insurance status, substantially involved in the program III. Eligibility Information and relevant demographic activities, above and beyond routine characteristics. grant monitoring. CDC Activities for this III.1. Eligible Applicants program are as follows: 4. Develop a model to generate Applications may be submitted by 1. Provide CDC investigator(s) to information about the optimum age for public and private nonprofit monitor the cooperative agreement as vaccination of specific vaccines, organizations and by governments and project officer(s). including potential coverage rates and their agencies, such as: incident cases of disease prevented as a 2. Participate as active project team • Public nonprofit organizations. function of specific variables such as members in the development, • Private nonprofit organizations. age at vaccination, vaccination site, implementation and conduct of the • Universities. provider attitudes and practices, and research project and as coauthors of all • Colleges. characteristics of the adolescent scientific publications that result from • Research institutions. population such as urban/rural the project. residence, school dropout rates, usual 3. Provide technical assistance on the III.2. Cost Sharing or Matching source of health care, etc. selection and evaluation of data Matching funds are not required for 5. Establish a national workgroup on collection and data collection this program. adolescent immunizations and instruments. preventive health care services 4. Assist in the development of III.3. Other consisting of experts representing a research protocols for Institutional If you request a funding amount variety of national organizations, non- Review Boards (IRB) review. The CDC greater than the ceiling of the award governmental organizations (NGO), IRB will review and approve the project range, your application will be academia, clinical medicine, and public protocol initially and on at least an considered non-responsive, and will not health. annual basis until the research project is be entered into the review process. You Activities: completed. will be notified that your application

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did not meet the submission • Participating institutions. vaccination and how the robustness of requirements. • Number and title of this Program the model will be assured. Describe Individuals Eligible to Become Announcement (PA). proposed methods and potential Principal Investigators: Any individual • Summary of proposed activities and candidates for development of a with the skills, knowledge, and description of study design, methods, national workgroup. resources necessary to carry out the and analyses. 5. Project Management. Provide proposed research is invited to work Application: Follow the PHS 398 evidence of the expertise, capacity, and with his/her institution to develop an application instructions for content and support necessary to successfully application for support. Individuals formatting of your application. For implement the project. Each existing or from underrepresented racial and ethnic further assistance with the PHS 398 proposed staff position for the project groups as well as individuals with application form, contact PGO–TIM staff should be described by job title, disabilities are always encouraged to at 770–488–2700, or contact GrantsInfo, function, general duties, level of effort, apply for CDC programs. Telephone 301–435–0714, E-mail: and allocation of time. Management [email protected]. operation principles, structure, and Note: Title 2 of the United States Code The Program Announcement Title section 1611 states that an organization organization should also be noted. described in section 501(c)(4) of the Internal and number must appear in the 6. Collaborative Efforts. List and Revenue Code that engages in lobbying application. describe any current and proposed activities is not eligible to receive Federal You must include a research plan collaborations with government, health, funds constituting an award, grant, or loan. with your application. The research or youth agencies or other researchers plan should be double spaced and be no that will impact this project. Include IV. Application and Submission more than 25 pages. letters of support and memoranda of Information Your application will be evaluated on understanding that specify the nature of the criteria listed under Section V. past, present, and proposed IV.1. Address To Request Application Application Review Information, so it is Package collaborations, and the products/ important to follow them, as well as the services/activities that will be provided To apply for this funding opportunity, Research Objectives and the by and to the applicant. use application form PHS 398 (OMB Administrative and National Policy 7. Data Sharing and release: Describe number 0925–0001 rev. 5/2001). Forms Requirements (AR’s), in laying out your plans for the sharing and release of data. and instructions are available in an research plan. 8. Budget. Applications must be interactive format on the CDC Web site, Your research plan should address submitted in a modular grant format. at the following Internet address: http:/ activities to be conducted over the The modular grant format simplifies the /www.cdc.gov/od/pgo/forminfo.htm. entire project period. The research plan preparation of the budget in these Forms and instructions are also should consist of the following applications by limiting the level of available in an interactive format on the information: budgetary detail. Applicants request 1. Abstract. It is especially important National Institutes of Health (NIH) Web direct costs in $25,000 modules. Section to include an abstract that reflects the site at the following Internet address: C of the research grant application project’s focus, because the abstract will http://grants.nih.gov/grants/funding/ instructions for the PHS 398 (rev. 5/ be used to help determine the phs398/phs398.html. 2001) is available at: If you do not have access to the responsiveness of the application. Internet, or if you have difficulty 2. Program Goals and Objectives. http://grants.nih.gov/grants/funding/ accessing the forms on-line, you may Describe the goals and objectives the phs398/phs398.html. This includes contact the CDC Procurement and proposed research is designed to step-by-step guidance for preparing Grants Office Technical Information achieve in the short and long term. modular grants. Additional Management Section (PGO-TIM) staff at: Specific research questions and information on modular grants is 770–488–2700. Application forms can hypotheses should be included. available at: http://grants.nih.gov/grants/funding/ be mailed to you. 3. Program Participants. Provide a justification and description of the modular/modular.htm. IV.2. Content and Form of Application specific population of adolescents, You are required to have a Dun and Submission parents, and providers targeted. In Bradstreet Data Universal Numbering Letter of Intent (LOI): addition, the proposal should provide System (DUNS) number to apply for a A LOI is required and must be written evidence that the recipient has the grant or cooperative agreement from the in the following format: capacity necessary to recruit Federal government. Your DUNS • Maximum number of pages: Three. participants. Describe how the study number must be entered on line 11 of • Font size: 12-point unreduced. sample(s) is (are) defined. A description the face page of the PHS 398 application • Single spaced. of how recruitment, retention and form. The DUNS number is a nine-digit • Paper size: 8.5 by 11 inches. referral of participants will be handled identification number, which uniquely • Page margin size: One inch. should also be included. identifies business entities. Obtaining a • Printed only on one side of page. 4. Methods. Describe study design, DUNS number is easy and there is no • Written in complete sentences, in including topic areas and potential charge. To obtain a DUNS number, plain language, avoiding the use of questions to be examined among access http:// jargon. adolescents, parents, and providers. If www.dunandbradstreet.com or call 1– Your LOI must contain the following any materials are not extant, the 866–705–5711. information: methods and timeframe for For more information, see the CDC • Descriptive title of the proposed development, and pilot testing should Web site at: http://www.cdc.gov/od/pgo/ research. be given. Describe proposed methods funding/pubcommt.htm. • Name, address, E-mail address, and data sources for characterizing Additional requirements that may telephone number, and fax number of adolescent health care utilization. require you to submit additional the Principal Investigator. Describe proposed methods to develop documentation with your application • Names of other key personnel. model regarding optimum age for are listed in section ‘‘VI.2.

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Administrative and National Policy www.whitehouse.gov/omb/grants/ score. For example, an investigator may Requirements.’’ spoc.html. propose to carry out important work that by its nature is not innovative, but IV.3. Submission Dates and Times IV.5. Funding restrictions is essential to move a field forward. LOI Deadline Date: April 29, 2004. If you are requesting indirect costs in The criteria are as follows: A letter of Intent (LOI) is required for your budget, you must include a copy Significance: Does this study address this Program Announcement. The LOI of your indirect cost rate agreement. If an important problem? If the aims of the will not be evaluated or scored. Your your indirect cost rate is a provisional application are achieved, how will letter of intent will be used to estimate rate, the agreement should be less than scientific knowledge be advanced? What the potential reviewer workload and to 12 months of age. will be the effect of these studies on the avoid conflicts of interest during the Awards will not allow reimbursement concepts or methods that drive this review. If you do not submit a LOI, you of pre-award costs. field? will not be allowed to submit an Approach: Are the conceptual application. IV.6. Other Submission Requirements framework, design, methods, and Application Deadline Date: June 1, LOI Submission Address: Submit your analyses adequately developed, well- 2004. LOI by express mail, delivery service, integrated, and appropriate to the aims Explanation of Deadlines: fax, or E-mail to: Ms. Beth Gardner, of the project? Does the applicant Applications must be received in the Scientific Review Administrator, CDC, acknowledge potential problem areas CDC Procurement and Grants Office by National Immunization Program, 1600 and consider alternative tactics? 4 p.m. Eastern Time on the deadline Clifton Road, NE., Mailstop E–05, Innovation: Does the project employ date. If you send your application by the Atlanta, GA 30333, Phone: 404–639– novel concepts, approaches or methods? United States Postal Service or 6101, Fax: 404–639–0108, E-mail: Are the aims original and innovative? commercial delivery service, you must [email protected]. Does the project challenge existing ensure that the carrier will be able to Application Submission Address: paradigms or develop new guarantee delivery of the application by Submit the original and five hard copies methodologies or technologies? the closing date and time. If CDC of your application by mail or express Investigator: Is the investigator receives your application after closing delivery service to: Technical appropriately trained and well suited to due to: (1) Carrier error, when the Information Management—PA# 04088, carry out this work? Is the work carrier accepted the package with a CDC Procurement and Grants Office, proposed appropriate to the experience guarantee for delivery by the closing 2920 Brandywine Road, Atlanta, GA level of the principal investigator and date and time, or (2) significant weather 30341. other researchers (if any)? delays or natural disasters, you will be Applications may not be submitted Environment: Does the scientific given the opportunity to submit electronically at this time. environment in which the work will be documentation of the carrier’s done contribute to the probability of guarantee. If the documentation verifies V. Application Review Information success? Do the proposed experiments a carrier problem, CDC will consider the V.1. Criteria take advantage of unique features of the application as having been received by scientific environment or employ useful the deadline. You are required to provide measures collaborative arrangements? Is there This announcement is the definitive of effectiveness that will demonstrate evidence of institutional support? guide on application submission the accomplishment of the various Additional Review Criteria: In address and deadline. It supersedes identified objectives of the cooperative addition to the above criteria, the information provided in the application agreement. Measures of effectiveness following items will be considered in instructions. If your application does must relate to the performance goals the determination of scientific merit and not meet the deadline above, it will not stated in the ‘‘Purpose’’ section of this priority score: be eligible for review, and will be announcement. Measures must be • Access to providers necessary to discarded. You will be notified that objective and quantitative, and must ensure success of study as demonstrated your application did not meet the measure the intended outcome. These by letters of support or by previous submission requirements. measures of effectiveness must be clinic-based research. CDC will not notify you upon receipt submitted with the application and will • Experience with immunization- of your application. If you have a be an element of evaluation. related research as demonstrated by question about the receipt of your The goals of CDC-supported research related peer-reviewed publications. application, first contact your courier. If are to advance the understanding of Protection of Human Subjects From you still have a question, contact the biological systems, improve the control Research Risks: Does the application PGO–TIM staff at 770–488–2700. Before and prevention of disease and injury, adequately address the requirements of calling, please wait two to three days and enhance health. In the written Title 45 CFR Part 46 for the protection after the application deadline. This will comments, reviewers will be asked to of human subjects? This will not be allow time for applications to be evaluate the application in order to scored; however, an application can be processed and logged. judge the likelihood that the proposed disapproved if the research risks are research will have a substantial impact sufficiently serious and protection IV.4. Intergovernmental Review of on the pursuit of these goals. against risks is so inadequate as to make Applications The scientific review group will the entire application unacceptable. Your application is subject to address and consider each of the Inclusion of Women and Minorities in Intergovernmental Review of Federal following criteria in assigning the Research: Does the application Programs, as governed by Executive application’s overall score, weighting adequately address the CDC Policy Order (EO) 12372. This order sets up a them as appropriate for each requirements regarding the inclusion of system for state and local governmental application. The application does not women, ethnic, and racial groups in the review of proposed federal assistance need to be strong in all categories to be proposed research? This includes: (1) applications. Click on the following link judged likely to have major scientific The proposed plan for the inclusion of to get the current SPOC list: http:// impact and thus deserve a high priority both sexes and racial and ethnic

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minority populations for appropriate signed by an authorized Grants These reports must be mailed to the representation; (2) The proposed Management Officer, and mailed to the Grants Management Specialist listed in justification when representation is recipient fiscal officer identified in the the ‘‘Agency Contacts’’ section of this limited or absent; (3) A statement as to application. announcement. whether the design of the study is Unsuccessful applicants will receive VII. Agency Contacts adequate to measure differences when notification of the results of the warranted; and (4) A statement as to application review by mail. For general questions about this whether the plans for recruitment and announcement, contact: Technical VI.2. Administrative and National outreach for study participants include Information Management Section, CDC Policy Requirements the process of establishing partnerships Procurement and Grants Office, 2920 with community(ies) and recognition of 45 CFR Part 74 and Part 92 Brandywine Road, Atlanta, GA 30341, Telephone: 770–488–2700. mutual benefits. For more information on the Code of For scientific/research issues, contact: Budget: The reasonableness of the Federal Regulations, see the National Mr. Gary Edgar, Project Officer, CDC, proposed budget and the requested Archives and Records Administration at National Immunization Program, 1600 period of support in relation to the the following Internet address: http:// Clifton Road, NE., Mailstop E–52, proposed research. www.access.gpo.gov/nara/cfr/cfr-table- Atlanta, GA 30333, Phone: 404–639– search.html. V.2. Review and Selection Process 8787, E-mail: [email protected]. The following additional Applications will be reviewed for For questions about peer review, requirements apply to this project: completeness by the Procurement and contact: Ms. Beth Gardner, Scientific • AR–1, Human Subjects Grants Office (PGO), and for Review Administrator, CDC, National Requirements Immunization Program, 1600 Clifton responsiveness by NIP. Incomplete • AR–2, Requirements for Inclusion Road, NE., Mailstop E–05, Atlanta, GA applications and applications that are of Women and Racial and Ethnic 30333, Phone: 404–639–6101, Email: non-responsive to the eligibility criteria Minorities in Research [email protected]. will not advance through the review • AR–7, Executive Order 12372 For financial, grants management, or process. Applicants will be notified that Review budget assistance, contact: Jesse L. their application did not meet • AR–10, Smoke-Free Workplace Robertson, Grants Management submission requirements. Requirements Specialist, CDC Procurement and Grants Applications that are complete and • AR–11, Healthy People 2010 Office, 2920 Brandywine Road, Atlanta, responsive to the PA will be evaluated • AR–12, Lobbying Restrictions GA 30341, Telephone: 770–488–2747, for scientific and technical merit by an • AR–15, Proof of Non-Profit Status E-mail: [email protected]. appropriate peer review group or charter (If applicable) study section convened by National • AR–22, Research Integrity VIII. Other Information Immunization Program in accordance • AR–24, Health Insurance Portability with the review criteria listed above. As National Immunization Program, and Accountability Act Requirements Centers for Disease Control and part of the initial merit review, all Additional information on these applications may: Prevention, Internet address: http:// • requirements can be found on the CDC www.cdc.gov/nip. Undergo a process in which only Web site at the following Internet those applications deemed to have the address: http://www.cdc.gov/od/pgo/ Dated: March 24, 2004. highest scientific merit, generally the funding/ARs.htm. Edward J. Schultz, top half of the applications under Acting Director, Procurement and Grants review, will be discussed and assigned VI.3. Reporting Office, Centers for Disease Control and a priority score. You must provide CDC with an Prevention. • Receive a written critique. original, plus two hard copies of the [FR Doc. 04–7016 Filed 3–25–04; 1:52 pm] • Receive a second level following reports: BILLING CODE 4163–18–P programmatic review by a NIP panel. 1. Interim progress report, (use form Award Criteria: Criteria that will be PHS 2590, OMB Number 0925–0001, used to make award decisions include: rev. 5/2001 as posted on the CDC DEPARTMENT OF HEALTH AND • Scientific merit (as determined by website) no less than 90 days before the HUMAN SERVICES peer review). end of the budget period. The progress • Availability of funds. report will serve as your non-competing Centers for Disease Control and • Programmatic priorities. continuation application, and must Prevention V.3. Anticipated Announcement and contain the following elements: Delivering Environmental Health Award Dates a. Current Budget Period Activities Services Objectives. Anticipated Application Deadline b. Current Budget Period Financial Announcement Type: New. Date: May 2004. Progress. Funding Opportunity Number: 04113. Anticipated Award Date: August c. New Budget Period Program Catalog of Federal Domestic 2004. Proposed Activity Objectives. Assistance Number: 93.283. VI. Award Administration Information d. Budget. Key Dates: e. Additional Requested Information. Letter of Intent Deadline: April 29, VI.1. Award Notices f. Measures of Effectiveness. 2004. Successful applicants will receive a 2. Financial status report and annual Application Deadline: June 1, 2004. Notice of Grant Award (NGA) from the progress report, no more than 90 days I. Funding Opportunity Description CDC Procurement and Grants Office. after the end of the budget period. The NGA shall be the only binding, 3. Final financial and performance Authority: Section 301 and 317 of the authorizing document between the reports, no more than 90 days after the Public Health Service Act, [42 U.S.C., section recipient and CDC. The NGA will be end of the project period. 241 and 247(b)], as amended.

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Purpose: This program announcement building outcomes and demonstrate the the determination that continued is for state and local public health effectiveness of interventions developed funding is in the best interest of the departments, and tribal health agencies to enhance the delivery of Federal Government. to implement or expand, and evaluate environmental health services. III Eligibility Information their environmental public health • Develop partnerships with activities built on a framework that is academic institutions such as accredited III.1. Eligible Applicants based on the Ten Essential Public environmental health programs or Health Services, the Ten Essential schools of public health to assist and Applications may be submitted by Environmental Services, Core support environmental research or governments and their agencies, such Competencies of Effective Practice of program evaluation, if necessary. as: Environmental Health (See Addendum), • Utilize resources available through • Federally recognized Indian tribal and CDC’s A National Strategy to the CDC’s Environmental Health governments Revitalize Environmental Public Health Services Program to assist in fulfilling • Indian tribes Services, published September, 2003. the requirements of this cooperative • Indian tribal organizations (See: http://www.cdc.gov/nceh/ehs/ agreement. • State and local governments or their Docs/NationalStrategy2003.pdf) This • Analyze, document and Bona Fide Agents (this includes the program addresses the ‘‘Healthy People disseminate findings. District of Columbia, the 2010’’ focus area of environmental In a cooperative agreement, CDC staff Commonwealth of Puerto Rico, the health, public health infrastructure, and is substantially involved in the program Virgin Islands, the Commonwealth of education and community-based activities, above and beyond routine the Northern Marianna Islands, programs. grant monitoring. American Samoa, Guam, the Federated Measurable outcomes of the program CDC Activities for this program are as States of Micronesia, the Republic of the will be in alignment with the following follows: performance goal for the National • Provide technical assistance and Marshall Islands, and the Republic of Center for Environmental Health consultation to the award recipient to Palau) (NCEH): Increase the capacity of state, refine the project plan, data and • Political subdivisions of States (in local, tribal and territorial health information collection, and analysis consultation with States) departments to deliver environmental instruments. A Bona Fide Agent is an agency/ health services to their communities. • Support systems-approach organization identified by the state as planning. eligible to submit an application under Activities: • Review the use of data and the state eligibility in lieu of a state Awardees activities for this program information collection resources and application. If you are applying as a are as follows: analysis instruments. bona fide agent of a state or local • Implement a comprehensive • Assist awardees with background government, you must provide a letter environmental health services program information and in forming from the state as documentation of your built on the framework of the Ten collaborative interactions. status. Place this documentation behind Essential Public Health Services, the • Assist awardees with preparation, the first page of your application form. Ten Essential Environmental Services, review and clearance of manuscripts. Core Competencies of Effective Practice • Evaluate effectiveness and quality III.2. Cost Sharing or Matching of Environmental Health, and CDC’s A of environmental health services related Matching funds are not required for National Strategy to Revitalize to awardees activities. this program. Environmental Public Health Services; • Implement interventions to address II. Award Information III.3. Other Eligibility Requirements environmental issues related to Type of Award: Cooperative If you request a funding amount delivering an environmental health Agreement. greater than the ceiling of the award service (i.e. air, water, waste CDC involvement in this program is range, your application will be management, integrated pest listed in the Activities Section above. considered non-responsive and will not management/vector control, and food). Fiscal Year Funds: 2004. be entered into the review process. You Interventions for up to two of the five Approximate Total Funding: will be notified that your application environmental health service areas may $1,400,000. be addressed in the proposal. Approximate Number of Awards: 7– did not meet the submission • Demonstrate the ability to improve 14. requirements. the environmental health of the Approximate Average Award: This announcement is for submission community through the development, $100,000—$200,000. of proposals that are not research. If reorganization, or expansion of the (This amount is for the first 12-month your application contains research, it delivery of environmental health budget period, and includes both direct will be considered non-responsive to services utilizing a systems-based and indirect costs.) the announcement. problem solving approach to disease Floor of Award Range: None. If your application is incomplete or outbreaks and/or exposure Ceiling of Award Range: $200,000. non-responsive to the requirements investigation. Anticipated Award Date: September listed below, it will not be entered into • Integrate and/or coordinate the 1, 2004. the review process. You will be notified delivery of environmental health Budget Period Length: 12 months. that your application did not meet the services with other health department Project Period Length: Three years. submission requirements. Throughout the project period, CDC’s units (e.g., epidemiology, chronic Note: Title 2 of the United States Code disease, laboratory, etc.), state agencies, commitment to continuation of awards section 1611 states that an organization governmental agencies, and community- will be conditioned on the availability described in section 501(c)(4) of the Internal based organizations. of funds, evidence of satisfactory Revenue Code that engages in lobbying • Develop and implement an progress by the recipient (as activities is not eligible to receive Federal evaluation program to measure capacity documented in required reports), and funds constituting an award, grant, or loan.

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IV. Application and Submission implement activities necessary to is a nine-digit identification number, Information enhance the overall capacity of the which uniquely identifies business environmental health services program. entities. Obtaining a DUNS number is IV.1. Address To Request Application The operational plan should include the easy and there is no charge. To obtain Package following components: (1) Description a DUNS number, access http:// To apply for this funding opportunity of an identified environmental health www.dunandbradstreet.com or call 1– use application form PHS 5161. issue(s) ‘‘i.e. water quality, air quality, 866–705–5711. Application forms and instructions are food safety, vector control, etc; or the For more information, see the CDC available on the CDC Web site, at the current state of the environment health Web site at: http://www.cdc.gov/od/pgo/ following Internet address: http:// services program in the community; (2) funding/pubcommt.htm. If your www.cdc.gov/od/pgo/forminfo.htm. description of assessment activities used application form does not have a DUNS If you do not have access to the to determine or identify the number field, please write your DUNS Internet, or if you have difficulty environmental issue or current state of number at the top of the first page of accessing the forms on-line, you may the program; (3) description of the your application, and/or include your contact the CDC Procurement and proposed intervention to address the DUNS number in your application cover Grants Office Technical Information environmental health issue or activities letter. Management Section (PGO–TIM) staff to enhance the capacity of the Additional requirements that may at: 770–488–2700. Application forms environmental health program; (4) require you to submit additional can be mailed to you. description of the use or integration of documentation with your application the ten essential environmental health are listed in section ‘‘VI.2. IV.2. Content and Form of Submission services and core competencies to Administrative and National Policy Letter of Intent (LOI) address the issue(s); (5) integration of Requirements.’’ intra and interdepartmental state and Your LOI must be written in the IV.3. Submission Dates and Times local partnerships with accredited following format: academic institutions and/or other LOI Deadline Date: April 29, 2004. • Maximum number of pages: One environmental health programs for CDC requests that you send a LOI if page. assistance and support, if necessary; (6) you intend to apply for this program. • Font size: 12-point unreduced. long and short range objectives, Although the LOI is not required, not • Single spaced. timelines and schedules for completion, binding, and does not enter into the • Paper size: 8.5 by 11 inches. and expected long and short range review of your subsequent application, • Page margin size: One inch. measurable outcomes; and (7) the LOI will be used to gauge the level • Printed only on one side of page. description of the methodology for of interest in this program, and to allow • Written in plain language, avoid sustainability efforts of the activities or CDC to plan the application review. jargon. interventions supported by this Application Deadline Date: June 1, Your LOI must contain the following cooperative agreement beyond the 2004. information: Explanation of Deadlines: • funded three year period. Name, address, and telephone • Describe the project’s evaluation Applications must be received in the number for key contact. CDC Procurement and Grants Office by • plan to measure the process and Brief description of the proposed outcomes. The evaluation plan should 4:00 p.m. Eastern Time on the deadline project. address measures for both short-term or date. If you send your application by the Application: You must include a intermediate outcomes, and long term United States Postal Service or project narrative with your application outcomes. Short-term or intermediate commercial delivery service, you must forms. Your narrative must be submitted outcomes may relate to specific ensure that the carrier will be able to in the following format: activities and/or processes. Long term guarantee delivery of the application by • Maximum number of pages: 25 outcomes should focus on the (1) the closing date and time. If CDC If your narrative exceeds the page reduction of environmentally related receives your application after closing limit, only the first pages which are risk factors known to contribute to due to: (1) carrier error, when the carrier within the page limit will be reviewed. disease, and/or (2) the impact on accepted the package with a guarantee • Font size: 12 point unreduced. incidence and prevalence of for delivery by the closing date and • Single spaced. environmentally induced illness and time, or (2) significant weather delays or • Paper size: 8.5 by 11 inches. disease; and (3) a decrease in morbidity natural disasters, you will be given the • Page margin size: One inch. and mortality related to environmental opportunity to submit documentation of • Printed only on one side of page. causes or incidents. the carriers guarantee. If the • Held together only by rubber bands • Budget Justifications. documentation verifies a carrier or metal clips; not bound in any other Additional information may be problem, CDC will consider the way. included in the application appendices. application as having been received by Your narrative should address The appendices will not be counted the deadline. activities to be conducted over the toward the narrative page limit. This This program announcement is the entire project period, and must include additional information includes: definitive guide on application the following items in the order listed: • Up to 30 pages of appendices may submission address and deadline. It • Describe the applicant’s agency and be included in the application. This supersedes information provided in the its position within the governmental may include: Curriculum Vitaes, application instructions. If your structure. Resumes, Organizational Charts, Letters application does not meet the deadline • Describe how the project will be of Support, etc. above, it will not be eligible for review, administered, including job descriptions You are required to have a Dun and and will be discarded. You will be for all projects positions. Bradstreet Data Universal Numbering notified that your application did not • Describe the project’s operational System (DUNS) number to apply for a meet the submission requirements. plan to address an environmental health grant or cooperative agreement from the CDC will not notify you upon receipt services issue(s) and simultaneously Federal government. The DUNS number of your application. If you have a

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question about the receipt of your 1. Understanding of the Problem (25 includes describing its relationship with application, first contact your courier. If Points) other health department components you still have a question, contact the Does the applicant understand the and governmental agencies, academia, PGO–TIM staff at: 770–488–2700. Before public health, social and economic and community-based organizations as calling, please wait two to three days consequences of the inadequate evidenced by letters of support, after the application deadline. This will environmental health service in their memoranda of agreement, and other allow time for applications to be community based upon health and documented evidence. The applicants processed and logged. demographic indicators? Are the needs may include up to ten letters of based on disease burden by age, gender commitment (dated within the last three IV.4. Intergovernmental Review of months) from key partners, participants, Applications and racial/ethnic groups, mortality rates, incidence, program experience, and community leaders that detail their Executive Order 12372 does not apply existing capacity, and infrastructure? participation in and support of the to this program. proposed activities. 2. Objectives and Methods (25 points) IV.5. Funding Restrictions 6. Project Management and Staffing (10 a. Has the applicant developed sound, points) feasible objectives that are consistent Funding restrictions, which must be Does the applicant document skills, with the activities described in this taken into account while writing your abilities, and experiences of key health announcement, and are specific, budget, are as follows: None. department staff who will be If you are requesting indirect costs in measurable and time-framed? b. Does the applicant describe the responsible for developing, your budget, you must include a copy specific activities and methods to implementing, and carrying out the of your indirect cost rate agreement. If achieve each objective? requirements of the project? your indirect cost rate is a provisional c. Are the proposed timeline and Specifically, the applicant should rate, the agreement should be less than schedules feasible? The timeline should describe health department staff roles in 12 months of age. include a tentative work plan for the the development and implementation of Guidance for completing your budget duration of the project. the project, their specific can be found on the CDC Web site, at d. Can the proposed activities or the responsibilities, and their level of effort the following Internet address: http:// project be sustained beyond the funded and time commitment. Applicants www.cdc.gov/od/pgo/funding/ period? should provide assurances that those budgetguide.htm. e. Can the intent and desired positions to be filled by the applicant’s personnel system will be done within a IV.6. Other Submission Requirements outcomes for the proposed activities be succinctly stated? reasonable time after receiving funds. LOI Submission Address: Submit your 3. Program Evaluation (20 points) 7. Budget Justification (Not Scored) LOI by express mail, delivery service, Is the budget clearly explained, fax, or E-mail to: Daneen Farrow-Collier, a. The evaluation plan should adequately justified, and reasonable and CDC/NCEH, 4770 Buford Highway, F– describe useful and appropriate consistent with the stated objectives and 28, Atlanta, GA 30341, Telephone: 770– strategies and approaches to monitor planned activities? 488–4945, Fax: 770–488–7310, E-mail: and improve the quality, effectiveness, [email protected]. and efficiency of the project. V.2. Review and Selection Process b. Does the applicant propose to Application Submission Address: measure the process and the overall Applications will be reviewed for Submit the original and two hard copies impact of the project in terms of its completeness by the Procurement and of your application by mail or express contribution to improving the delivery Grants Office (PGO) staff and for delivery service to: Technical of environmental health services? This responsiveness by NCEH. Incomplete Information Management-PA #04113, may be evidenced by the reduction of applications and applications that are CDC Procurement and Grants Office, environmentally related risk factors non-responsive to the eligibility criteria 2920 Brandywine Road, Atlanta, GA known to contribute to disease; decrease will not advance through the review 30341. in morbidity and mortality; and/or the process. Applicants will be notified that Applications may not be submitted impact on incidence and prevalence of their application did not meet electronically at this time. environmentally induced illness and submission requirements. disease. An objective review panel will V. Application Review Information evaluate complete and responsive V.1. Criteria 4. Implementation of CDC’s Strategy To applications according to the criteria Revitalize Environmental Public Health listed in the ‘‘V.1. Criteria’’ section You are required to provide measures Services (10 points) above. of effectiveness that will demonstrate Has the applicant’s operation plan the accomplishment of the various V.3. Anticipated Announcement Award incorporated components of CDC’s Date identified objectives of the cooperative Strategy to Revitalize Environmental September 1, 2004. agreement. Measures of effectiveness Public Health Services into developing must relate to the performance goals an intervention or enhancing capacity? VI. Award Administration Information stated in the ‘‘Purpose’’ section of this Specifically, does the plan implement VI.1. Award Notices announcement. Measures must be all ten of the essential environmental objective and quantitative, and must health services into the project? Successful applicants will receive a measure the intended outcome. These Notice of Grant Award (NGA) from the measures of effectiveness must be 5. Coordination and Collaboration (10 CDC Procurement and Grants Office. submitted with the application and will points) The NGA shall be the only binding, be an element of evaluation. Has the applicant involved authorizing document between the Your application will be evaluated collaborators as a resource in the recipient and CDC. The NGA will be against the following criteria: implementation of the project? This signed by an authorized Grants

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Management Officer, and mailed to the These reports must be sent to the 3. Submission Dates and Times recipient fiscal officer identified in the Grants Management Specialist listed in 4. Intergovernmental Review of application. the ‘‘Agency Contacts’’ section of this Applications Unsuccessful applicants will receive 5. Funding Restrictions announcement. 6. Other Submission Requirements notification of the results of the VII. Agency Contacts Application Submission Address application review by mail. I. Application Review Information For general questions about this VI.2. Administrative and National 1. Criteria announcement, contact: Technical Part A: HIV Prevention Integration Policy Requirements Information Management Section, CDC Part B: Adolescent Reproductive Health 45 CFR Part 74 and Part 92 Procurement and Grants Office, 2920 2. Review and Selection Process Brandywine Road, Atlanta, GA 30341, VI. Award Administration Information For more information on the Code of Telephone: 770–488–2700. 1. Award Notices Federal Regulations, see the National 2. Administrative and National Policy For program technical assistance, Archives and Records Administration at Requirements contact: the following Internet address: http:// 3. Reporting Requirements Daneen Farrow-Collier, Project www.access.gpo.gov/nara/cfr/cfr-table- VII. Agency Contacts Officer, CDC/NCEH, 4770 Buford Appendix A HIV Prevention Integration search.html. Highway, Atlanta, GA 30341, Background Information The following additional Telephone: 770–488–4945, Fax: 770– Appendix B HIV Prevention Integration requirements apply to this project: 488–7310, E-mail: dfarrow- Logic Models • AR–2 Requirements for Inclusion Appendix C Background Information for [email protected]. of Women and Racial and Ethnic the Optional Adolescent Reproductive For budget assistance, contact: Minorities in Research Health Project Mildred Garner, Grants Management • AR–8 Public Health System Appendix D On-Line Reporting System Specialist, CDC Procurement and Grants Reporting Requirements Appendix E DHHS Regions Office, 2920 Brandywine Road, Atlanta, • AR–10 Smoke-Free Workplace GA 30341, Telephone: 770–488–2745, I. Funding Opportunity Description Requirements • E-mail: [email protected]. AR–11 Healthy People 2010 Authority: This program is authorized • AR–12 Lobbying Restrictions Dated: March 24, 2004. under Sections 301(a) and 317(k)(2) [42 • AR–14 Accounting System Edward Schultz, U.S.C. 241(a) and 247b(k)(2)] of the Public Requirements Acting Director, Procurement and Grants Health Service Act, as amended. • AR–20 Conference Support Office, Centers for Disease Control and Purpose: The overall purpose of this • AR–21 Small, Minority, and Prevention. cooperative agreement is to support HIV Women-Owned Business [FR Doc. 04–7023 Filed 3–29–04; 8:45 am] and other prevention services in • AR–22 Research Integrity BILLING CODE 4163–18–P reproductive health and community • AR–23 States and Faith-Based settings to reach beyond their current Organizations efforts to prevent STD and HIV • AR–25 Release and Sharing of Data DEPARTMENT OF HEALTH AND transmission, and unintended and teen Additional information on these HUMAN SERVICES pregnancies. requirements can be found on the CDC This program announcement provides Centers for Disease Control and Web site at the following Internet funding for two related but distinct Prevention address: http://www.cdc.gov/od/pgo/ components. All applicants are required funding/ARs.htm. Integrating HIV and Other Prevention to apply for the HIV Prevention VI.3. Reporting Requirements Services Into Reproductive Health and Integration (Part A) component while Community Settings the Adolescent Reproductive Health You must provide CDC with an (Part B) component is optional for Part original, plus two hard copies of the Announcement Type: New. A applicants. following reports: Funding Opportunity Number: 04073. The purpose of Part A is to support 1. Interim progress report, no less Catalog of Federal Domestic the integration of HIV prevention than 90 days before the end of the Assistance Number: 93.946. services into reproductive health budget period. The progress report will Key Dates: settings. (See Appendix A: HIV serve as your non-competing Application Deadline: May 14, 2004. Prevention Integration Background continuation application, and must Executive Summary: Table of Contents Information and Appendix B: HIV contain the following elements: Prevention Integration Logic Models.) a. Current Budget Period Activities I. Funding Opportunity Description The purpose of Part B is to build Objectives. Authority Purpose capacity within communities to prevent b. Current Budget Period Financial Part A: HIV Prevention Integration teen pregnancy, STDs and HIV, and Progress. Part B: Adolescent Reproductive Health promote adolescent reproductive health c. New Budget Period Program Activities using a range of strategies, including Proposed Activity Objectives. Part A: HIV Prevention Integration abstinence. (See Appendix C: d. Detailed Line-Item Budget and Part B: Adolescent Reproductive Health Adolescent Reproductive Health Justification. II. Award Information Background Information.) e. Additional Requested Information. Part A: HIV Prevention Integration Collectively, both programs address f. Measures of Effectiveness. Part B: Adolescent Reproductive Health the ‘‘Healthy People 2010’’ focus areas 2. Financial status report and annual III. Eligibility Information 1. Eligibility Applicants of Family Planning and Sexual Health, progress report, no more than 90 days 2. Cost-Sharing or Matching HIV, Sexually Transmitted Disease after the end of the budget period. 3. Other (STD), and Education and Community- 3. Final financial and performance IV. Application and Submission Information Based Programs. reports, no more than 90 days after the 1. Address to Request Application Package Measurable outcomes for both end of the project period. 2. Content and Form of Submission programs will be in alignment with one

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or more of the performance goal(s) for integration of HIV prevention services to field of project evaluation, and the National Center for Chronic Disease other recipients of training and designing and participating in an Prevention and Health Promotion technical assistance. evaluation workshop. (NCCDPHP) and the National Center for • Participate in the collective • Organize, facilitate, and participate HIV, STD and Tuberculosis Prevention management and evaluation of the in the annual grantee meeting. (NCHSTP): program. Part B: Adolescent Reproductive Health • Assign one senior staff member and Part A: HIV Prevention Integration one alternate to the Grantee Steering Awardee activities for Part B are as For the HIV Prevention Integration Committee (GSC), to be comprised of follows: component, the performance goal(s) for one representative from each grantee • Develop a strategy and workplan to the program are to: and CDC program staff. include a target audience, collaborative • Reduce the number of new HIV • GSC representatives will participate activities, and an evaluation plan, to infections. in regular conference calls. help communities reduce teen • Decrease the number of persons at • In the first six months of the pregnancy, STDs and HIV. high-risk for acquiring or transmitting project, work with the GSC to: • Provide training and technical HIV infection. —Develop a logic model for the overall assistance to State and local coalitions, • Increase the proportion of HIV- program and individual projects. State health departments, schools, infected people who know they are —Identify key evaluation indicators and health clinics, youth serving community infected. data sources from across the and faith-based organizations, or other • Increase the proportion of HIV- programs. organizations to increase the infected people who are linked to —Develop an overall plan of activities organizations’ capacity to: appropriate prevention, care, and and accomplishments for years two —Select science-based interventions or treatment services. through five. modify current practices to include • Strengthen the capacity regionwide —Develop a strategy to share and science-based principles to prevent to monitor the epidemic, develop and disseminate training and technical teen pregnancy, HIV and STDs, and implement effective HIV prevention assistance materials and resources promote adolescent reproductive interventions, and evaluate prevention among the grantees and to other health that meet the identified needs programs. constituent groups. of the community. • Increase the number of reproductive —Participate in collaborative —Select and implement science-based health settings that integrate HIV management and evaluation of the interventions. counseling and testing services program. —Design and implement an evaluation • Increase the number of staff —Assign an appropriately qualified staff plan that contributes to program working in reproductive health settings person as the project evaluator. improvement and accountability. who counsel clients using client- —Travel the GSC representative and one —Translate and broadly disseminate centered counseling skills. alternate to a two-day annual grantee evaluation findings and training Part B: Adolescent Reproductive Health meeting, location to be determined. materials for publication and use —Travel the GSC member and the through a variety of mechanisms such For the Adolescent Reproductive designated project evaluator to a two- as scientific journals, media, Health component, the performance day evaluation workshop at the professional meetings the Internet, goal(s) for the program are to: initiation of the project, location to be training manuals, curricula, toolkits, • Increase the proportion of determined. or other innovative means. adolescents who abstain from sexual —Submit timely on-line reports. (See —Develop and implement an evaluation intercourse or use condoms if currently Appendix D for additional plan to measure the impact of training sexually active. information on the program’s on-line and technical assistance on • Reduce pregnancies among reporting system.) organizations through progress of adolescent females. In a cooperative agreement, CDC staff recipient activities. • Reduce the number of cases of HIV is substantially involved in the program • Share lessons learned with CDC and infection among adolescents. activities, above and beyond routine other grantees. • Reduce the number of sexually grant monitoring. • Collaborate with CDC and national transmitted disease cases among CDC activities for Part A are as organizations and state coalitions adolescents. follows: funded through the existing ‘‘Coalition Activities • Provide scientific and Capacity Building for Teen Pregnancy programmatic consultation for Prevention’’ cooperative agreement. Part A: HIV Prevention Integration development and delivery of training, • Collaborate with CDC on program Awardee activities for Part A are as technical assistance, and evaluation development, implementation, and follows: activities. evaluation, and disseminate lessons • Develop, implement, and evaluate a • Serve as integral member of the learned from those activities. strategy to integrate HIV counseling and Steering Committee. CDC activities for Part B are as testing services in reproductive health • Coordinate timely dissemination of follows: settings. resources, materials, and relevant • Provide scientific and • Develop, implement, and evaluate findings. programmatic consultation for training and technical assistance in • Coordinate communication with development and delivery of training, client-centered counseling skills for other CDC programs, mainly the technical assistance, and evaluation reproductive health staff. divisions of Reproductive Health, STD activities. • Identify, establish, and evaluate the Prevention, and HIV Prevention. • Work with grantees to develop effectiveness of one reproductive health • Take the lead in developing grantee evaluation strategies. setting within the region that will serve capacity to evaluate project efforts. This • Coordinate communication with as a ‘‘model’’ clinic to showcase will include identifying experts in the other CDC programs, mainly the

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divisions of Reproductive Health and III. Eligibility Information Note: Title 2 of the United States Code Adolescent and School Health. section 1611 states that an organization III.1. Eligible Applicants • Facilitate coordination of activities described in section 501(c)(4) of the Internal Revenue Code that engages in lobbying and communication between recipients Applications may be submitted by public and private nonprofit activities is not eligible to receive Federal and national organizations and state funds constituting an award, grant, or loan. coalitions funded through the existing organizations and by governments and their agencies, such as: ‘‘Coalition Capacity Building for Teen IV. Application and Submission Pregnancy Prevention’’ cooperative • Public nonprofit organizations • Information agreement. Private nonprofit organizations • Universities • Translate and disseminate IV.1. Address To Request Application • Colleges Package nationally lessons learned and teen • Research institutions pregnancy, HIV and STD best practices • Hospitals To apply for this funding opportunity through publications, meetings, and • Community-based organizations use application form PHS 5161. other means. • Faith-based organizations Application forms and instructions are • available on the CDC web site, at the II. Award Information Federally-recognized Indian tribal governments following Internet address: http:// Part A: HIV Prevention Integration • Indian tribes www.cdc.gov/od/pgo/forminfo.htm. If • Indian tribal organizations you do not have access to the Internet, Type of Award: Cooperative • State and local governments or their or if you have difficulty accessing the Agreement. Bona Fide Agents (this includes the forms on-line, you may contact the CDC CDC involvement in this program is District of Columbia, the Procurement and Grants Office listed in the Activities Sections above. Commonwealth of Puerto Rico, the Technical Information Management Fiscal Year Funds: 2004. Virgin Islands, the Commonwealth of Section (PGO–TIM) staff at: 770–488– Approximate Total Funding: the Northern Marianna Islands, 2700. Application forms can be mailed $860,000. American Samoa, Guam, the to you. Approximate Number of Awards: 10 Federated States of Micronesia, the (one award per DHHS Region, See Republic of the Marshall Islands, and IV.2. Content and Form of Submission Appendix E for a breakdown of DHHS the Republic of Palau) Application: You must submit a regions). • Political subdivisions of States (in project narrative with your application Approximate Average Award: $86,000 consultation with States) forms. The narrative must be submitted (This amount is for the first 12-month A Bona Fide Agent is an agency/ in the following format: • budget period, and includes both direct organization identified by the state as Maximum number of pages for both and indirect costs). eligible to submit an application under Parts A and B: 35. If your narrative Floor of Award Range: None. the state eligibility in lieu of a state exceeds the page limit, only the first Ceiling of Award Range: None (This application. If you are applying as a pages within the page limit will be ceiling is for the first 12-month budget bona fide agent of a state or local reviewed. period). government, you must provide a letter —For Part A: 20 page maximum from the state as documentation of your Anticipated Award Date: September —For Part B: 15 page maximum status. Place this documentation behind • 1, 2004. Font size: 12 point unreduced. the first page of your application form. • Double-spaced. Budget Period Length: 12 months. • III.2. Cost Sharing or Matching Paper size: 8.5 by 11 inches. Project Period Length: 5 years. • Page margin size: One inch. • Part B: Adolescent Reproductive Health Matching funds are not required for Printed only on one side of page. this program. • Pages numbered consecutively. Approximate Total Funding for Part B • III.3. Other Held together only by rubber bands or only: $450,000. metal clips; not bound in any other Approximate Number of Awards: 4–6. If your application is incomplete or way. Approximate Average Award: $75,000 non-responsive to the requirements Your narrative should address (This amount is for the first 12-month listed below, it will not be entered into activities to be conducted over the budget period, and includes both direct the review process. You will be notified entire project period, and must include and indirect costs). that your application did not meet the following items in the order listed Floor of Award Range: $75,000. submission requirements. for Parts A and B if applicable. Applicants applying for both Parts A Ceiling of Award Range: $130,000 Applicants must clearly label all and B must be approved for Part A to (This ceiling is for the first 12-month sections relating to Parts A and B as be considered for Part B. budget period.) If you request a funding amount ‘‘Part A: HIV Prevention Integration’’ Anticipated Award Date: September greater than the ceiling of the award and ‘‘Part B: Adolescent Reproductive 1, 2004. range, your application will be Health’’. Part B will require a separate Budget Period Length: 12 months. considered non-responsive, and will not narrative that should address activities Project Period Length: 5 years. be entered into the review process. You to be conducted over the entire 5-year Throughout the project period, CDC’s will be notified that your application project period. commitment to continuation of awards did not meet the submission Part A: HIV Prevention Integration will be conditioned on the availability requirements. of funds, evidence of satisfactory If agencies are interested in applying 1. Background progress by the recipient (as for funding under this program • Describe your organization’s documented in required reports), and announcement but do not meet the experience in providing training, the determination that continued qualification criteria, they are capacity-building, and technical funding is in the best interest of the encouraged to partner with an eligible assistance in the areas of client-centered Federal Government. entity. counseling or integration of HIV

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prevention services. Include such 2. Plan and Methods for Activities of one reproductive health setting information as the name, location, and For HIV Prevention Integration: within the region that will serve as a type of organizations trained or • Describe the strategy you will use to model clinic to showcase integration of provided technical assistance; staff support reproductive health settings to HIV prevention services and client- trained (e.g., job category, demographic integrate HIV counseling and testing centered counseling skills to other data); nature of training or technical services, striving to provide technical recipients of training or technical assistance provided; curricula, tools, or assistance to the maximum number of assistance. • other materials used; outcome or sites from throughout the region, while Describe the strategy you will use to evaluation results; and any maintaining the greatest quality of identify and establish the model clinic. • collaboration with other organizations technical assistance. Provide a justification for the in developing and delivering the • Identify and justify the settings to selection of the clinic. training or technical assistance. • Identify the strategy you will used • be targeted. Include a memo in an Appendix • Describe the technical assistance to create the model clinic. that clearly describes: strategy, including targeted staff, • Explain how the clinic will model —Your organization’s capacity to serve objectives, tools, process, length of client-centered counseling and all states within the DHHS region in project, and evaluation plan. integration of HIV prevention services to which you are geographically located. • Describe anticipated obstacles. staff from other reproductive health —The extent to which your organization • Include letters of support and intent settings in the region. has qualified staff with a minimum of to collaborate from the directors of at • Identify anticipated obstacles. five years experience designing least five reproductive health agencies • Obtain a written letter of support scientific-based curricula and or other community or faith-based from the clinic director of the proposed delivering training on integrating HIV organizations that provide reproductive model clinic that clearly states his or prevention services into reproductive health services in the region. The letters her understanding of the project health care settings. must clearly state their support and duration and staff requirements for the —To extent to which your organization commitment to the project and the project. has staff experienced in assessing specific collaboration they agree to bring • Provide a timeline demonstrating DHHS region-wide HIV-prevention to the five-year process. The inclusion the order and timing of key project training needs. of memoranda of agreement is activities as they relate to the proposed • Describe staff experience in encouraged. goals and objectives. recruiting clinics that provide • Provide a timeline demonstrating reproductive health services as potential the order and timing of key project 4. Evaluation collaborating partners; negotiating the activities as they relate to the proposed • Clearly identify an evaluation plan terms of agreement with these potential goals and objectives. for each project component that is collaborating partners; and providing For Client-Centered Counseling: consistent with CDC’s Evaluation technical assistance to these partners on • Describe the strategy you will use to Framework for Evaluating Public Health integrating HIV prevention services. train reproductive health staff in client- Programs. (http://www.cdc.gov/eval/ • Identify all funding sources centered counseling, striving to reach framework.htm). supporting your organization in its the maximum number throughout the • In the plan, identify primary client-centered counseling or HIV region while maintaining the greatest stakeholders. prevention integration activities. training quality. • • For each project component, Provide a copy of the most recent • Identify and justify the settings and include process and outcome evaluation regional HIV and family planning staff to be targeted. indicators for each measurable • training needs assessments as an Describe the training strategy, objective. appendix. including the method of delivery, • • Provide a data Collection, Analysis, Describe the women in your region potential trainers, training objectives, and Management plan that includes: most at-risk for HIV infection. Include length of training, curriculum and —Explain how baseline data will be such information as the documented materials, and evaluation plan. gathered. number of known cases of HIV and • Describe anticipated obstacles. AIDS, and other data indicative of • Identify the scientific basis for the —Describe how project-related data will behavioral risks (such as rates for STDs, strategy; include a bibliography if be collected and analyzed, including tobacco use, substance abuse, necessary as an appendix. measures to protect client and staff incarceration, homelessness, teen • Include in an appendix letters of privacy and confidentiality. pregnancy, and unintended pregnancy). support and intention to collaborate —Identify who will conduct data Indicate the source(s) of any data from the directors of five reproductive collection, analysis, and management. provided. health agencies or other community or —Specify how often data will be • Describe the providers of faith-based organizations that provide collected and analyzed. reproductive health services in your reproductive health services in the • Dissemination of Findings region. Include the name and location, region. The letters must clearly state —Describe how the data findings and services provided, staffing patterns, their support and commitment to the evaluation results will be shared with communities served, and previous project and the specific collaboration stakeholders. training or technical assistance received they agree to bring. The inclusion of —Describe how the evaluation results from your organization. memoranda of agreement is encouraged. will be used. • Provide a timeline demonstrating 2. Objectives 5. Project Staff the order and timing of key project Define specific, measurable, activities as they relate to the proposed • Provide job descriptions for achievable, realistic, and time-phased goals and objectives. anticipated project staff, identifying objectives for each performance goal of For Model Clinic: specific roles (e.g., management and the program (see Part A: HIV Prevention • Each grantee will identify, supervision, planning, curricula Integration after Purpose). establish, and evaluate the effectiveness development, training delivery,

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technical assistance, evaluation, staff and technical assistance to other 5. Program Staff support). Attach re´sume´s of existing and organizations such as State and local • Describe the training and technical newly proposed staff as an appendix. coalitions, State health departments, • assistance experience of staff in science- Provide an organizational chart as schools, health clinics, youth serving based practices in teen pregnancy, STD, an appendix that identifies lines of community and faith-based and HIV prevention. authority, including who will have organizations and to disseminate • Describe the experience of the staff management authority over the project. findings to a broader audience. working with the proposed target • Identify the senior staff member and 2. Objectives organizations. one alternate to serve on the project’s • Provide re´sume´s and job Steering Committee. Define specific, measurable, • descriptions of existing and newly Identify the staff person who will achievable, realistic, and time-phased proposed staff, with prior experience in take the lead on the project’s evaluation. objectives to support each performance teen pregnancy, STD, and HIV 6. Budget and Justification (Does Not goal of the program (see Part B: prevention, identifying their role and Count Against Narrative Page Limit.) Adolescent Reproductive Health after responsibilities in the optional teen Purpose). • Provide a detailed budget and line- pregnancy prevention component. • Identify and describe the activities • Provide an organizational chart as item justification for all operating to support the objectives. an appendix that identifies lines of expenses that are consistent with the • Explain how achievement of the authority, including who will have proposed program objectives and objectives will be measured. management authority over the project. activities for each activity. Include: • 3. Plan and Methods Identify the staff person who will —Any staff or trainee travel. take the lead on the project’s evaluation. —Attendance for two people (the GSC • Provide a realistic timeline for member and the project evaluator) at activities. 6. Budget and Justification (Does Not Count Against Narrative Page Limit.) two-day evaluation workshop, • Describe how the project will be location to be determined. implemented. • Provide a detailed budget and line- —Attendance for two people (the GSC • Describe how the project will item justification for all operating member and an alternate) to attend achieve the goal of the overall program. expenses that are consistent with the the annual grantee meeting, location • proposed program objectives and to be determined. Describe the training and technical assistance strategy including the method activities for each activity. Include: 7. Protection of Human Subjects of delivery, potential trainers, training —Any staff or trainee travel costs. Address the Requirements of Title 45 objectives, length of training, —Cost for attendance for one person at CFR part 46 for the protection of Human curriculum and materials, and a two-day evaluation workshop, Subjects. evaluation plan. location to be determined. • Describe any anticipated obstacles —Cost for one annual trip for two staff Part B: Adolescent Reproductive Health to accomplishing the proposed to attend a planning, training, and 1. Background activities. information-sharing meeting, location • Include letters of support and to be determined. • Describe your organization’s intention to collaborate from the experience in providing training and 7. Protection of Human Subjects directors of at least two organizations in technical assistance in teen pregnancy, Address the requirements of Title 45 the region. The letters must clearly state STD, and HIV prevention. CFR part 46 for the protection of human their support and commitment to the • Include a memo as an appendix that subjects. proposed activities and the specific clearly describes: Additional information may be collaboration they agree to bring to the included in the application appendices. —Your organization’s experience five-year process. Inclusion of The appendices will not be counted providing technical assistance in the memoranda of agreement is encouraged. areas of teen pregnancy, STD, and toward the narrative page limit. This • Describe the translation and HIV prevention. additional information may include: dissemination plan for lessons learned. —Your organization’s experience —Training needs assessments providing technical assistance and 4. Evaluation Plan —Epidemiological data training to State and local coalitions, • Develop an evaluation plan that is —Training curricula or materials State health departments, schools, —Curriculum vitae/resumes consistent with CDC’s Evaluation health clinics, youth serving —Organizational charts Framework for Evaluating Public Health community and faith-based —Letters of support Programs. (See http://www.cdc.gov/ organizations, or other organizations. —Memoranda of agreement eval/frameword.htm). —The extent to which your organization • —Bibliographies has staff with demonstrated Identify primary stakeholders in the —Other pertinent information requested experience in teen pregnancy, STD, evaluation process. in the narrative section of the program • and HIV prevention training and For each measurable objective, announcement or other relevant evaluation. identify process and outcome material and documents you want to —Describe any experience developing indicators. include. logic models, and identifying, • Identify who will conduct the data You are required to have a Dun and selecting, implementing, and collection, analysis, and management. Bradstreet Data Universal Numbering evaluating science-based programs • Describe how data will be collected System (DUNS) number to apply for a that prevent teen pregnancy, HIV and and analyzed and how often. grant or cooperative agreement from the STDs, and promote adolescent • Describe how the data findings and federal government. The DUNS number reproductive health. evaluation results will be shared with is a nine-digit identification number, —Describe the results of similar efforts stakeholders and how results will be which uniquely identifies business that used skills to provide training used. entities. Obtaining a DUNS number is

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easy and there is no charge. To obtain state single point of contact (SPOC) as and timing of key project activities for a DUNS number, access http:// early as possible to alert the SPOC to HIV Prevention Integration, Client- www.dunandbradstreet.com or call 1– prospective applications, and to receive Centered Counseling, and the Model 866–705–5711. instructions on your state’s process. Clinic? For more information, see the CDC Click on the following link to get the • Does the applicant demonstrate a web site at: http://www.cdc.gov/od/pgo/ current SPOC list: http:// valid process to identify training and funding/pubcommt.htm. If your www.whitehouse.gov/omb/grants/ technical assistance priorities that application form does not have a DUNS spoc.html. appear appropriate and likely to number field, please write your DUNS IV.5. Funding Restrictions promote and support HIV Prevention number at the top of the first page of Integration, Client-Centered Counseling, your application, and/or include your Restrictions, which must be taken into and the Model Clinic? DUNS number in your application cover account while writing your budget, are • Does the applicant demonstrate letter. as follows: support for the project with letters of • You may not use funds to supplant IV.3. Submission Dates and Times support or memoranda of agreement for Federal, State, or local health HIV Prevention Integration, Client- Application Deadline Date: May 14, department funds; make building Centered Counseling, and the Model improvements or